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HomeMy WebLinkAbout1585 BALLOON WRAP-AROUND NOTE $90,000.00 Fort Pierce, Florida, December 3 A.D., 1979. For value received, I or we, jointly and severally promise to pay to the order of MAURICE SNYDE~t and JEFFREY S. FURST, Fort Pierce, Florida, NINETY THOUSAND AND NO/100------($90,000.00)----Dollars, at Fort Pierce, Florida, or as des gnate y payee; n monthly installments of $868.52. The first installment to become due and payable on or before the 3rd day of January A.D,, 1980, and one installment to become due and payable on or before the 3rd day of each succeeding month for fifty nine consecutive months, which payments include interest from date at the rate of 10~ per annum. Five years from date, the entire remaining principal balance, plus accrued interest to date, if any, shall balloon and be due and payable. If any installment, including the final balloon principal installment, of this note is not paid at the time and place specified, and such default continues for 15 days, the entire amount unpaid shall be due and payable at the election of the holder hereof. All parties hereto. whether makers, endorsers, sureties, guarantors, or otherwise, hereby waive demand, notice and protest. If placed in the hands of an attorney for collection, we jointly and severally agree to pay reasonable attorney's fees. including appellate proceedings. Each installment shall first be applied in payment of the interest and then on the unpaid balance of the principal sum. This note may be prepaid in whole or in part at any time without penalty, (a) This is a "Wrap-around" note, i.e., a portion of the principal amount of this note is represented by the unpaid balance of principal of that certain first lien promissory note dated July 31, 1972 executed by DIXIE GIST GENTRY and payable to JAMES WYNN and VERONICA WYNN, in the original principal-amount of $57,500.00; and a portion o£ the principal amount of this note is represented by the unpaid balance of principal of that certain second lien promissory note dated December 12, 1972, executed by Maurice Snyder, Theodore Smith and Jeffrey S. Furst, a co-partnership, doing business as Maurice Snyder, Theodore Smith and Jeffrey S. Furst, and payable to the order of DIXIE GIST GENTRY, in the original principal amount of $12,000.00. (b) Maker shall make payment direct to Payee. Payee agrees to pay all of the installments of principal and interest payable under the first note before the same becomes due and payable. In the event that any installment of principal and/or interest payable under the first and second notes are not paid when the same becomes due and payable, maker shall have the right (but shall not be obligated) to pay such installment payable under the first and second notes as they become due and payable and to apply any such payment so made (plus an amount equal to interest at the highest lawful rate on the. amount of such payment from the date of payment by maker to the date the next maturing installment of interest is due under this note), as a credit against the next maturing installment of interest due hereunder in the direct order of their maturity. ~ (SEAL) ris essen S L ( ~ ) u t Jessen, is w e a~321 P~f1584