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HomeMy WebLinkAbout0999 Upon tM ocewrence of en went o/ detwlt, tM dank may institute appropriate ktgal proceedings against tM Obligws to obtain judgment on tM Noa andl exercise iq rigitu end rerrtfdiee a a secuned party under tM Florida Unitam Commercial Cafe or otMr applicable Isw. If tM flank has deemed itself irtsecttre . +~pon tM oaurrenn of an event of defwlt, tM dank Mall Mw tM right, immediately end without further action by it, io we otl egaimt Mb Nou all money •.4ed by tM dank in any capacity to each and any Obligor. and cello to fat oll agaiMt NI other liabilities of each Maker to tM dank all money owed Oy tM dank any capacity to each and any Maker. and tM dank sftall be deemetf t0 have exerciad loch rpht of let off and t0 Mw made • charge agaimt any etsch nwMy ~nrnediately upon tM oecurrenn of strcls defwlt anon though loch charge a made a entered on tM books of tM dank wbsspuent thereto. Unless dte Collat- rs periMabN or threatens to decline speedily in valve or if of a type txlftomarily fok! on a recognized rrtarbe, tM dank will give tM Maker reaaonabN notice rM time and plan of any public saN Hereof or tM time after which any privaN ale of any other intended dispaition thereof b to ba made. TM ratluwe- r•rnt of reasonabN notice Mall ba met if loch notice if rrtaiNd, pottage Prepaid. to any Maker at tM sddrea given bNOVV w at any other sddrat shown on tM ~+rds of tM (lank, at least 5 days before tM time M tM ale or dispositan. Upon disposition of any Collateral after tM orxurrertn of any defwlt. tM a ~~:gors tMll bt and remain jointly and averally liable tOr any deliciertcy. TM Bank Mall account to the Maker for any wrplus but tM flank Mall have tM rigftt :+pply aN or any pMt of streh wrplus lo? hold tM same as a reserve aiamst) any and all other liabilities of each and any Oblige to tM dank. TM Obligors here- ~v waive any rghts of redemption after defwll. All genies liable for tM wymsrtt and collection Mreot: 111 agree to PeY all expenaa incurred a Wid M tM protection of Collateral or tM entorcgttent here- "Atether tM dank is obligated tMrelw a not, including attorney's tees egwl to 10%oi tM amount in default or such brger amount es may be reaaortable . „ services and expenses incurred in tM enforcerrtertt Mrwf either prior or fubaquent to judgment and vvMther in judicial p?txesdirtgt or otherwia, and also -•.e costs, expenas and reasonable attornsy's feet incurred in appellee pronedirtgs; 121 waive presentment fa payment, demand, notice of rton~payment, ice Ot protest and protest of Chit Note; 131 consent to and waive notip of any and cell renewals or extensions of time. waivers, or modifications that may W ,,rated by tM 8aric with respect to tM payment or other provisions of this Note or to the release of any Obligor or tM Collateral a any part thereof, with a ,,nowt substitution: and l~l agree tMt additional makers, endorsers, guarantors a wreties may become parties hereto without noon to tlterrt a affecting their ,t,~lrtY hereunder. Tree dank may ai any time in its sole discretion compromia, attb a extend tM time of payment of any of tM dtmands a obligations, repreartted by any ' ~ he securities pktdged hereunder snd all of the parties liable for the payment hereof Mreby make, comtitute and appoint the Bank, hit or tMir trnte and lawful ! ur racy to this purpoa with full power and wthority to conrpromia. settN a extend payment of aid dernMtds a obligations end to aogttin, atidy Or des- f +~.~~ge tM ame of record or otherwia es tM parties IiabN for tM payment Or collection hereof might or could do if personally present. TM dank abaft not be i ~.~~fer any liability Or obligation to take any steps vrllatfOever to fix MY liability upon or to eolNct Or to enforn paymantt of any obligation pNdgad M tacurity i eunder wMther by giving any rwtin, prescntirg, demanding payment, protesting, instituting wit a otherwise. + The Bank shall not by any act of omission or eattntistion be deemed to waive any of its righq a remedies herwnder untie such waiver MMI be M writing :igrted by tM dank and then oMy to tM extent specifically at torts therein: a vveiver on One Mnt shall not be construed es continuing or as a bar to or ...over Of such right Or remedy On a subtepuent event. - The liability of each Oblgor Msll be ebaolute and unvtortditiontal and without regard to tM liability of any other perry hereto. Any notice fltall be wffin3ertt- served upon sll Obligors by awing such notice upon any orw Obligor. TM ntotice Mall be wifieientN carved if placed in tM mail. postage prepaid, addnsad ~r left upon the premiat of any Obligor at any sddrea Mown on the Bank's records. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION EACH MAKER ACKNOWLEDGES RECEIPT OF AN EXECUTED COPY OF THIS NOTE ON THE AB DATE. s~ ~ _ P r F 0 (SEAL ~ ` Rt 1. Box 942. Fort ie ce. - ADORFSS 1 Q${iiNATURE OF MAKER Rt. 1, Box 942, Fort Pierce. F1 33450 ,ACS f! x~lt~ ISEA ADDRESS Anne D. 5~__9y RE OF MAKER - ENDORSEMENT ~n addition to the liability es endorsers, which tM undersigned hereby eswme, for valve received and intending to ba legally bound, tM undersigned land if a than one, each of them jointly and averslly) lal Mnby unconditionally guarantee tM payment of the within Note and NI extenuions a renewals thereof • ~cf cell sums payable under a by virtw thereof including, without limitation, -all amounts of principal end interest and all expends lincluding attorneys' fees, ~~ether incurred in trial Or appellate proceedir?gc) incurred in tM collection thereof, tM entoroement of rights thanrwnder or with respect to any tleWrity there- and tM entanment hereof, and vwiw presentment, dernartd, noon of diMonor, protest, notice of protest and all otMr notices whatsoever; and Ibl eontsertt ~~f agree that they are bound as Obligors under the terms of and are wbject to all provisions at forth on tM fact of said Note as fully es though they were tech ".1ake? thereof, srtd to the exercise by tM holder of esndt and every right therein set forth or permitted by law, alt without notice to or consent of and without ~!er:tirg the liability of the undersigned, and further consent and agree that any of the undersigned rtny be wed by tM holder hereof with Or wiMout joining of the other endorsers or Makers of said Note and without /first or contemporaneously wing sMr wdt other persons, or otherwise seeking a prooesdirg to ,I ~~•~ct from tMm or any of them. • f ISEALI ADDRESS SIGNATURE OF GUARANTOR (SEAL] ADDRESS SIGNATURE OF GUARANTOR 1 1 E eoa 340 PacE 999