HomeMy WebLinkAbout0950 \
lien against any Maker; the issuance of any wr~t or
garnishment, replevin or attachment; or the filing of any lien
against any property of, debts due, or rights of, any Maker~ to
specifically include commencement of any action or proceeding to
seize monies of any Maker on depasit in substantial part af the
propPrty of any Maker at the instance of any governmental
authority; (g) Assignment or transEer by a Maker of any interest
in the property of collateral which secures this Note, without the ,
written consent of Payee; or (h) Any default under the Mortgage by ~
which this Note is secured.
This Note is secured by a Purchase Money First Mortgage of
even date herewith executed and delivered by Maker, in favor of
Payee, encumbering properties in St. Lucie County, Flarida. The
provisions of this Note and the provisions of the aforementioned
Mortgage shall be construed according to the laws of the State of
Florida. Whenever possible, each provision of this Note shall be
interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this Note shall be a
prohibited by or invalid under, applicable law, such provision #
shall be ineffective to the extent of such prohibition or ;
invalidity, without invalidating the remainder of such provision j
or the remaining provisions of this Note.
The Maker and all endorsers and guarantors of this Note
hereby waive demand, presentment, notice of non-payment, dishonor
and protest, and agree in case suit shall be brought for the
collection hereof , or if it is necessary to place to same in the
hands of an attorney for collection, to pay reasonable attorney's
fees in accordance with provisions for the same provided
hereinafter. -
All parties liable for the payment hereof consent and agree
that the granting to the Maker or to any other party of any
extension of time for the payment of any sums due hereunder, or
for the performance of any covenant or stipulation herein or in '
the Mortgage securing the loan represented by this Note, or the
release of the Maker or any other party, or the suspension of the
right to entorce tnis Note against the Maker or any other party,
or the discharge of the Maker or any other party, or the taking
or releasing or other or additional security, shall not in any way
release or affect the liability of the Maker and/or of the
~ endorsers or guarantors of this Note, all rights against such
parties being expressly reserved.
This Note may not be amended or modified, nor shall any ~
waiver of any provision hereof be effective, except by an ~
instrument in writing executed by the holder of this Note.
,
Maker hereby waives a trial by jury and the right to ~
interpose any counterclaim or offset of any nature and description ~
in any litigation between any Makers or Maker and Payee with ~
respect to this ~Iote or any claim arising out of, relating to or
connected with the loan evidenced by this Note or any
security therefor.
Should it be necessary upon any default hereunder to enforce
collection of any unpaid balance hereunder, each of the
undersigned Makers on this Note, agrees to pay all collection and
legal expenses incurred by Payee including reasonable attorney's
fees, and including, but not limited to, such fees incurred prior
to institution of litigation, or in litigation, including trial
and appellate revie.~, and in arbitration, bankruotcy or other
administrative or judicial proceedings.
~
PAY TO THE ORDER OF THE TORONTO-DOMINION -
BANK Gt~`~-t ( SEAL )
WESTON-FLORIDA DEVELOPMENT CORPORATION J M S E. FAR L, JR
By
(SEAL)
President
12,14/RE0189 ~f;~1~~
'r"~ ~ t~ 21 P 3 :52
~ i)q . V
BOUK ~~~t7 f:~L"c tf't~ - 2- c
c~_ _ ,
ST. L~:.~~
~ ~
_ _ ~'....,'.~1~''i"=~ -
~