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HomeMy WebLinkAbout0940 contained to the contrary notwithstanding, and execution may forthwith issue for the collection of the same, including reasonable attorneys' feea for collection or any appellate proceedinqs in connection therewith. The hoider hereof may exercise any one or more of its remedies herein andlor in any of the Loan Documents, and the exercise of any remedy herein or therein shall not exhaust the exercise by the holder hereof of any of such other remedies, Maker and all Endorsers and Guarantors of this Note hereby waive presentment for payment, protest and demand and notice of protest, demand, dishonor and non-payment of this Note. Lender or the holder hereof may extend the time of payment or otherwise modify the tenas of payment of any part or the whole of the debt e'videnced by this Note or release any security therefor at the request of any other person liable hereon or holdinq title to the premises subject to the lien of the Mortgage or for any other reason whatsoever and such consent shall not alter or diminish the liability of Maker. The_liability of Maker, if more than one, shall be 3oint and several. This Note shall bind the respective successors and assiqns of Maker, and shall inure to the benefit ot Lender, its successors and assigns. Maker hereby waives the benefit of any laws which now or hereafter might otherwise authorize the stay of any execution to be issued on any judgment recovered by this Note, or the ex- emption of any property from levy and sale thereunder. It-is agreed that the grantinq to Maker, or any other party, of an extension or extensions of time for the payment of any sum or sums due hereunder or under the Mortgage securing the payment ot this Note or for the performance of any covenant or stipu- lation thereof or the taking of other or additional security shall not in any way release or affect the liability of Maker and any Sureties, endorsers and guarantors of this Note. It is hereby declared and agreed that the indebtedness - evidenced hereby is the same which is secured by. inter alia, the Mortgage given by Maker as Mortgagor to Lender as Mortgagee secured upon certain real property situated in St. Lucie County, Florida as described in said Mortgage, and is the same which, by ~ a Financing Statement of even date herewith, made between the ; same parties; is secured upon the chattels of Maker located in the building or buildings erected or to be erected upon the real ~ estate referred to above. ~ The indebtedness for which this Note is evidenced and this { Note are executed and delivered in the State of Florida, and this ~ Note shall be construed in accordance with the laws of the State ~ of Florida. ! i This Note may not be amended or modified, nor shall any ~ waiver of any provision hereof be effective, except by an instru- ment in writing executed by Lender and Maker. ~ s ~ Maker consents to the exclusive jurisdiction of the courts ~ of the State of Florida and the Federal Courts located in Florida in ar.y and all actions and proceedings whether arising hereunder ` or under any other agreement er undertaking, and irrevocably agrees to service of process by certified mail, return receipt requested, postage prepaid, to its address set forth herein or , any other address designated by Borrower in writing. < ~ s ~ ~ r ~ ~ ~~~x417 Q~~~ 939 ~ - 3 - - ~ i . "."f. . -n_,t+,., ~ $ ':..,,r',tts, y, ~.~,P - -t- _ . ~