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HomeMy WebLinkAbout1000 to by the maker and holder hereof, in writing. All payments made upon this Note shall be applied first to the payment of accrued interest and secondly to the payment of principal. The holder of this Note may collect a late charge not to exceed an amount equal to four (4g) percent of any installment which iS not paid within fifteen days of its due date, provided that collection of said late charge shall nat be deemed a waiver by the holder of any of its rights under this Note. This Note shall be considered in default when any installment required to be made hereunder shall not have been made wi.thin fifteen (15) days following its due date. This Note shall remain in default until such payment(s) have been made. Upon default, the entire principal balance and all accrued interest shall at once become due and payable, without notice, at the option of the holder. The failure of the holder at any time to exercise said option shall not constitute a waiver of the right to exercise the option at any time. While in default, this Note shall bear interest at the maximum rate of interest allowable by law. The undersigned and each maker and endorser jointly and severally waive demand, notice of non-payment and protest, all exemption rights whether under the Florida Constitution or otherwise, and also severally waive valuation and appraisement, presentment, and notice of dishonor. The undersigned agrees that if this Note becomes in default and is placed in the hands of an attorney for collection, to pay reasonable attorneys fees and all other costs for making such collection. "Reasonable Attorney's Fees" are defined to include, but are not limited to, aIl fees incurred in all matters of collection and enforcement, construction and interpretation, before, during and after suit, trial, proceedings and appeals, as well as appearances in and connected with any bar.kruptcy proceedings or creditors' reorganization or similar proceedings. This Note is secured by a Mortgage of even date herewith encumbering real property located in St. Lucie County, Florida. f The terms and provisions of said Mortgage are hereby incorporated herein by reference and are made a part hereof. Any default under ~ the Mortgage or any other Loan Documents shall be a default ~ hereunder and subject to the remedies set forth herein. ~ In no event shall the amount of interest due or payments in the nature of interest payable hereunder exceed the maximum rate : of interest allowed by applicable law, as amended from time to time, and in the event any such payment is paid by the undersigned ~ or received by the holder, then such excess sum shall be credited ; as a payment of principal, unless the undersigned shall notify the ~ holder, in writing, that the unaersigned elects to have such excess sum returned to it forthwith. All refe~cences herein to interest i at its "maximum rate" shall mean "maximum legal contract rate". ~ This Note shall be construed in accordance with the laws ~ of Florida. ~ THZB IAAN ZS PAYABLE IN FIILL !~T MATIIRZTY DATE ON JANOARY 19, ~ 2 6 0 0. ON JANIIliRY 19 , 2 C O 0 YOII l~IDBT REP!!Y THE ENTI RB PRINC Z PAL BALANCE OF TH8 LO!?N AND IINPAID Z~T'1'EREBT THEN DIIE. THE BAN~ ZB IINDER I~tO OBLZaP?TION TO REFIY~!?NCS T~ LOAN l~T THAT TIME. YOII 11ILL, THEREFORE, BE REQIIIRED TQ MAlCB ~aYI+iEY1T OIIT OF OTBER 1188ETB TH7i?T Y00 M7~?Y OIIN, OR YOD 11=LL Hl~VE ~ FINA A I.ENDER IIHICH M]~Y BS THB BAN1C YOII H~iVE THIB LOAId 1fITH, 1/ZLLIDTa TO LE~TD Y00 TH8 MONEY. IF YOII REFIN~NC$ THIS LOl~T I?T NaTtTRITY, YOII lS~~Y HAVE TO PAY 80MS OR ALL OF T88 CLOSIN(3 C08TB 1dORM~LLY A880CIATED wITB A NEII LOl~N EVEN IF YOQ OBTAIH REFZNANCIN(i FROI~t BAME BAN1C. _ ~ ~ ~A.h 3Q A9 ~ BRUCE C. SCHILLING ` 1022179 ~ r:~~: • '?~UG! " : x ~ PAULETTE M. SCHILLING aooK s~5 FACE~.ooo ~ T ~s . . ~ . . ~ . ~ a~. ~~'~1~2~~`~~~' ~4~''~ a~ _