Loading...
HomeMy WebLinkAbout1503 Upon tM otverrence of en event of rNtwlt, tM dank may iMtitute appopriab kpN prooiadinga agairot tM Oblgas to obtain jwfgtttent on tM Nob stud/ o. exNCiM its rghts and remedies e a secured party under tM Florida Uniform Comrriereial Code a other applieabN law. If tM Bank has elNrnsd igNl itiseven or upon tM Ottunrenq of sn event of defwlt, tM Bank shall MM tM right, immediately and without fwtfier action by ft, t0 Mt off against thM Note all money owed by tM Bank in any capacity to each and any Obligor. and Nso to at otf agairot MI other INbilitiee of each Maker to tM dank all nwtry owed by Uta dank .n any capacity to ead+ and sriy Maker, and tM 8anlc shag be deemed to haw exercised such right of eat oN and to hew made • charge agelttet any wah mgry ~mmediatNy upa? tM occurrence of weh detwlt evtin though txrcli charge is made a entered on tM books of tM dank wbNgwnt thereto. Unlace cite CoMt• er,+l is yerishable a threatens to decline speedily in valve a is of a typo waoma.~ly solo on a reoo4rwsed nwket, tM Bank will give tM Maker rweonal>te notice of tM time and place of any publk ssN tlrreof a tM time attar vvtiid? any priwb ssN a any other intentNtt dispoaftion thereof is to ba made. TM repuire• mint of reasonable notiq shall be mat if such notice i• mailed. postage prepaid. to any Maker at tM addrea divan ONoar a at any other addrae shown on tM records of tM Bank, at feet 5 days before tM citric of tM sale a disposition. Upon disposition of any Colgtersl after tM oaurranp of any dNwlt, tM Obligors shNl be and remain jointly and severally liable fa any deficiency. TM 8snk shall account to tM Maker fa any twrplus but tM Bank shall have tM ilgtlt io apply aN a any part of such wrplut la hold tM serer e a reserve agairot) any and all other liabilities of each and any Obligor Io tM dank. The Oblpas I+Me by waive any rights of redemption niter delwlt. All parties liatnb Irw tM payma+t :uwt collection hereof: 111 agree to INY :rll exper+ses +ncun«I w t?airf m eM praer:uon ul CAl1,+Mr.+1 w tM entu+cetnrr+t hw• r,t, whetMr tM Bank is obligated tlrrNa a not, including attorney i fees +rptal to 11)lbol tM amount rn rNl++ult IM such kugpr rYrxlunt es may lie esr+NtndiM for service and experoe incurred in tM enfacertrnt heraot either prig a subNgwnt to judgment and wMther in judicial proceedings a otherwise, and also chose costs, expense and rwaisble sttaney i fee incixrid in appellate proteedirigs: 141 waive presentment fa WYment, demand, notice of rwn-payment, notice of protet end protet of. this Noe: 131 consent to and vwive notice of shy and all rerrwls a extensions of tint, waivers, a modifiptions tMt may be granted by tM Bsric with respect to tM payment a otMr provisions of this Note or to tM nk+pi of shy Obligor a tM Collabrsl a any pert thereof, wiM a without substitution: and 1~1 agree that sdditiorrl makers, erxtorsers, guarantors a wretie may become parties Mreto without notice to them a alfectirig tMir liability Mrwnder. TM 8snk may at shy time in its sole disastion tx?rrcpromie, settle a extend tM tint of payment of shy of tM dartrnds a obligations, represented by sriy of tM secwitie pledged Mrwnder acid all of tM pantie IiabN for tM psyrrrnt hereof lrreby make, eorotitute and appoint tM Bsnk, hit a tMir true and lawful attorney fa this purpose with full power and wthority to compromise, sattN a extend psymerit of qid dertrnds a obligations and to acquire, satisfy a dis• charge tM serer of record a otherwise a tM parties liable fa tM paymait a collection hereof might or could do if personally prepnt. TM Bank shall not bi under any liability a obligation to take shy steps whatsoever to fix any liability upon a to collect a to aniace payment of any obligation pMdged a eiCUrity herwrxiM whither by giving any ratite, presenting, denwxtirg payment, proteitirg, irotituting wit a otherwise. TM dank shall not by any act of omission a commission be deemed to waive shy of its rights a nrrtedie herwndar unless such waiver sMll be in w.itirg and signed by tM Bank and then a+ly to tM extent specititally set lath therein: a wiver on ar event shall not bi torotruad a continuing a e a bar to a waiver of such rght a remedy on a wbsequent event. TM liability of each Obligor shall be sbsolub and unconditional and without regard to tM liability of any otMr party hereto. Any notip shall bi wffrteent- iv served upon all Oblgas by carving such notice upon any one Obligor. TM notice sMll ba wificieritly served if placed In tM mail, postage Prepaid, addressed co, or lilt upon tM premises of shy Obligor at shy atidrea shown on tM Bank's records. NOTICE: SEE OTHER SIOE FOR IMPORTANT INFORMATION EACH MAKER ACKNOW~EOGES RECEIPT OF A CONFORMED COPY OF THIS NOTE ON THE ABOVE GATE. R.R. #6, Box 386, Warsaw, Indiana 46580 IsE ADDRESS _ SIGNATU OF MAKE Carroll E. Curtis ADDRESS (BEAU SItiNA ~ F MATTER ~I Marilynne J. Curtis ENDORSEMENT to addition to tM liability as endorsers, which tM undersigned hereby aswme, fa value repivid and intending to be legally bound, tM undersgned land if li more than orr, each of them jointly and severally) Is) Mreby unconditionally gusrantse tM payment of tM within Note and all extensions a renewals thereof and all wrro payabM under a by virtue thereof irxdudinig, without lemibtion, all amounts of principal and intereYSnd all experoes (including attorneys fee;, whether incurred in trial a appNlate proceedirigt) inverted in tM collection thereof, tM infacerrient of rghts thereunder a vrith respect to any severity there- ~ for and tM enfatemerit hereof, and wive presentment, derrwid, notice of dishoiia, grocer, notioi of protest and all other notices whstsoaver; and Ibl coruent I ar+d agree that they are bound a Obligors urxNr tM terms of and era wbjact to all provisions at forth on tM tact of said Note as fully ss though they wire each a Maker thereof, and to tM exercise by tM holder of each and every rght therein set forth a permitted by Isw, all without notice to a consent of and without attectirig tM liability of tM undersigned, and further consent and spree that any of tM undersgned may be sued by tM holder hereof witA a without joining E any of tM other endorsers a Makers of aid Nob and without first a conteniporar+aoiisly wing any such otM. perwro, a otherwise seeking a procetdirg to I€ collect from them a any of tMm. i i (BEAU ADDRESS SIGNATURE OF GUARANTOR e (BEAU ADDRESS SIGNATURE OF GUARANTOR {f 3 C ~t f ' i . 49~~~` 9 ~ t1: 19 1°J~ ~ i_ EO' RE ~ A• ~ E ~lLfr~ ~a~~~ ao~334 P~E1496 .YY lac'.',,