HomeMy WebLinkAbout0976 maintain its corporate existenc~~ in good s~anding; (e) The ~ntry
' ~~f any ju~~gment or the ass~ssment and/or f i 1 ing oE any ~ax t ic~n
against any Maker; the issuance oE any writ or garnishment,
replevin or attachment; or the filing oE any lien against any
property of , debts due, or rights -of , any Maker, to specif ically
include commencement of any action or proceeding.to seize monies
of any Maker on deposit in substantial part oE the property of
any Maker at the instance of any governmental authority; (g)
Assignment or transfer 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 oE
Payee, encumbering properties in St. Lucie County, Florida. 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 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
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.
Al1 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 sti~ulation herein or in
the Mortgage securing the loan represented by this Note, or the
release of the Maker or any othar party, or the suspension of
the right to enforce this 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 Note 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 app~llate review, and in arbitration, ban}cruptcy or other
administrative or judicial proceedings. ~
11' 'PO T~IE ORDER OF Zl-iE TiORONTiO-DOf~1INI0N BANK ~ i
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WI~:STON E'IARIDA DEVE[~OPMF'NT CORPORATION
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2:12,14/SJ0009 CHRISTINE B. HAI1, (SEAL)
'~~D r1; R 21 P 3:59
- 2- eo~K 579 P~~E 974
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