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HomeMy WebLinkAbout1139 REPLACEMENT NOTE N0. 2 6240.000.00 Dated ~ , 1980 FOR VALUE RECEIVED, the undersigned, hereinafter called "Maker" promises to pay to the order of SUN .BANK OF ST. LUCIE COUNTY, hereinafter called "Bank" the principal sum of 6240,000.00, at its offices at 111. Orange Avenue, Fort Pierce, Florida, together with interest thereon at the rate of 12x per annum, until maturity, with principal and interest payable in the following manner: Principal and interest payments hereon shall be payable in 180 equal successive monthly installments as follows: 62,762.30 on the day of 1980, and a like sum on the corresponding day of eac succeeding month thereafter until the whole be fully paid. Both principal and interest are payable in lawful money of the United States to-the Bank at 111 Orange Avenue, Fort Pierce, Florida. In the event of default in any payment of principal or interest on the due date thereof, or .upon the breach of any provision of the mortgage or mortgages which secures this note, the Bank may at its option accelerate maturity and the unpaid principal balance hereof and all accrued interest shall thereupon become immediately due and payable without demand or notice and to set-off against this note all money owed by Bank in any capacity to Maker, whether or not due, and to set-off against all other liabilities of Maker to Bank, all money owed by Bank in any capacity to Maker. Maker waives demand, protest and notice of maturity, nonpayment of protest and all requirements to hold it liable as Maker. - Maker further agrees to pay all costs of collection, including reasonable attorney's fees, (inclusive of any appellate proceedings) in case the principal of this note or any interest thereon is not paid at the respective maturity thereof, whether suit. be brought or not. Bank is hereby given a lien upon and a security interest in all property of Maker now or any time hereafter in the possession of Bank in any - capacity whatsoever, including but not limited to any balance or share of any.. deposit, trust or agency account, as security for the payment of this note . and all other liabilities of Maker to Bank. This Note shall be governed as a validity, interpretation, construction, effect and all other respects by the laws and decisions of the State of Florida. ~ In the event Bank determines it necessary to institute suit to collect on this ~ Note, the action may be maintained by Bank in the State of Florida, and the Maker does hereby consent to the institution of action in that jurisdiction and waives any and all defenses it may have to the maintenance of the suit in Florida. This Note is secured by a mortgage dated ,April 4, 1974, and a mortgage ~ dated October 31, 1975, as modified by a Mortgage Modification Agreement dated 1980, between Maker and Bank and is entitled to the benefits thereof. This tote is binding upon taker, and their heirs, personal representatives, and assigns. 'i i ' Page 1 of 2 . BOO JJ~ PAGE~e~