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1976-03 $ 132,395.17 (Amount of Note) PROMISSORY NOTE AND DISCLOSURE STATEMENT (Single Payment) (Note Number) 3-23-77 (Due Date) GroYeIand (City) Rodda (State) 12-23-76 (Date of Note) After date, the undersigned maker(s) jointly and severally, for value received. promise to pay to the order of: PEOPLES STATE il:;'t,~K OfGROVEUIiD (Herein, together with any holder, hereof, called "Holder") at the above place, or at any such other place as the Holder may designate and notify, the sum of One Hundred Thirty-two Thousand T1~ree Hundred Ninety-five & 17 '100------- DOLLARS est from maturity until PAID in full at the rate of by or through an attorney at law. slz % per annum, together, with all costs of collection, including 15% attorney's fees if REBATE FOR PREPAYMENT IN FULL: If this loan contract is paid in full by cash, a new loan. refinancing. or otherwise. before the final due date, the borrower shall receive a rebate of any precomputed interest, such rebate to be computed in the same proportion to total interest charge as remaining days to the due date bear to the number of days in the original periOd of the Note, except that no refund of less than $ will be made. However, a service charge of $ will be assessed to cover cost of handling such prepayment of this loan contract. SECURITY: 0 This loan is unsecured XKA security interest is granted in the following property, herein called "Collateral," r;~~~~i Agg~rXa~X1~~~:~i~u~b1i~ation of the' City of Clermont and guaranteed .THE TERMS AND CONDITIONS SET OUT ON THE REVERSE SIDE OF THIS NOTE APPLY TO AND ARE A PART OF THIS NOTE. . NOTE: Credit Life Insurance and/or accident and health insurance Prepaid Finance Charge $ (if any) is not required to obtain this loan, if charge for such insur- Required Deposit Balance $ (if any) ance coverage is shown on line fl3 and/or #4 under "OTHER 132,395.17 CHARGES". Maker(s), however, having first examined the PROCEEDS: $ (1 ) cost of such insurance, does voluntarily elect to purchase OTHER CHARGES: such coverage by signing below. Property I nsu rance $ (2) Disposition of Funds Property I nsurance may be obtained by the 0 Loan not eligible for inauranca maker through any agent of his choice. Cash I desire Credit Life Insurance and Accident & Health Insur- Check 0 'Credit Life Insurance $ (3) 1 Cr. Acct. ance (charges shown on lines #3 & #4) 'Accident & Hlth Ins. $ (4) Loan Payoff I desire Credit Life I nsurance ON L Y (Charge shown on - 0 line fl3.) FILING CHARGE $ (5) $ (6) (Date) ( Signature) $ (7) TqTAL.OT~_ER:C~~~GES. ,$ . 132,395.17 (8) o I DO NOT want either Credit Life Insurance or Accident & AMOUNT FINANCED $ (9) Health Insurance. FINANCE CHARGE: Date 5~~O) (Date) (S ignatu re) Interest $ Credit Life Insurance $ (11 ) Accident & Hlth Ins, $ (12) Loan Officer Code Code Code $ (13) IN COMPLIANCE WITH PUBLIC LAW 91-50B. IN CONNECTION WITH YOUR APPLICATION FOR A LOAN. A ROUTINE INQUIRY MAY BE MADE WHICH WILL PROVIDE CERTAIN INFORMATION CONCERNING YOUR GENER- AL REPUTATION. FINANCIAL HISTORY, PERSONAL CHARACTERISTICS AND MODE OF LIVING. IN ADDITION. SHOULD YOU REQUEST CREDIT LIFE AND/OR DISABILITY INSURANCE THE INSURER MAY ALSO REOUEST A SIMILAR REPORT. UPON YOUR WRITTEN REQUEST. WITHIN A REASONABLE TIME. ADDITIONAL INFORMATION AS TO THE NATURE AND SCOPE OF EITHER OR BOTH OF THESE REPORTS WILL BE PROVIDED YOU. ,,' UNDERSIGNED ACKNOWLEDGES RECEIPT OF A COMPLETED FILLED-IN COpy OF THIS NOTE AND DISCLOSURE STATEMENT AT THE TI~ O,F ITS EXECUTION. GIVEN UNDER THE HAND AND SEAL OF EACH OF THE UNDERSIGNED: / /C1I/tY 9F CLE~ ../ '- ":'" Address 1 Westgate Plaza Phone (:L 4/1~t/-::~~. (SEAL)' ""'''D Clermont I Florida 32711 Phoo' .ll /. /' -" y; ~. (SEAL] Address Phone / L~~./fj...A.I k/ '"nt{er~- (SEAL) FINANCE CHARGE $ TOTAL OF PAYMENTS $ ANNUAL PERCENTAGE RATE .l;J2,395.11 ;j. 25 % (14) I NOTICE: Address Phone (SEAL) FORM Z-11 0 mE FOLLOWING TERMS AND CONDITIONS APPIL Y TO, AND ARE A n'ART OIF TIHlE NOTE ON REVERSE SIDlE: The term "Collateral" as used herein, shall mean the property which has been or is hereby delivered, pledged, assigned, conveyed nnd transferred to the Holder together with any and all balances, credits, deposits, accounts, items and monies of the undersigned now or hereafter with the Holder, which balances and the liIte undersiflned hereby conveys and transfers to Holder, and together with any and all other property of the undersigned of every kind or deSCription now or hereafter in the posSilssion or control of the Holder for any reason, including all dividends and distributions on or other rights in connection with any property hereinabove referred to. Undersigned hereby warrants that sole and lawful ownership of Collateral is in the undersiflned with full power and authority to transfer, convey and encumber. The undersigned afll:ees that the Holder shall have a lien upon, security title to and a security interest in the Collateral to secure the payment of this Note and all other indebtedness or liability of tne undersigned to Holder, however &.'"ld whenever incuued or evidenced, whether direct or indirect, absolute or contingent; or due or to become due (hereafter with this Note collectively called "LiLlbilities"). The sWTender of this Note upon payment or otherwise shall not affect the right of the Holder to retain the Collateral for any other Liabilities. The Holder shall be deemed to have exercised reasonable care in the custody and prese?Vatlon of the Collaterai ii' Ro1cle.. taltes such action for that purpose as the undersigned shall request in writing, but failure of the Holder to comply with a"y such request shall not of itself b<e deemed a failure to exercise reasonable care, and no failure of the Holder to preserve or protect a:w zights with respect to the Collnterul a3alnst prior parties, or to do any act with respect to preservation of the Collateral not so requested by the undercigned, shnl! be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. In addition to all other rights possessed by it, the Holder, from time to time, whether before or after any of the Liabilities sllcl1 become due and payable, may (Eo) ttan~fer all or any part of the Oollateral into the name of the Holder or its nominee, with or without Qi~cbsin~ that such Collateral is subject to the lien, security title and security interest hereunder: (b) notify tile parties obli3ctcd 0:'. any of t!::::'l Collateral to make payment to the Holder of any amounts due or to become due hereunder; (c) enforce collection of any of the Collateral by suit or otherwise and surrender, release or exchange all or any part thereof, or compromise or e"tcnd or r<ene\7 from time to time and for any period (whether or not longzr than 'tlle oriBinal penod) any indebtedness evidenced th~eby: (d) tclte control of any proceeds of the Collatexal: Imd (e) exercise such additional rights and powers, it. any, with reE!lect to !mY sccw:'.ty fOJ: 0:' nuc=c:lty 0;: a."'!.y 01 the LicbiLtlco, en may be provided in any written instrument (in addition to this Note). If at any time Collateral shall be or become unsatisfactory to the Holder, undersi~ed will immediatel} furnish such oth,,:? Collate::e.i o. make such payment on account as will be satisfactory to the Holder and in case of failure EO to do, 0:: If tl"c l~nde::ni[;"ed should become insolvent (as defined in any Uniform Commercial Code as in effect at that time in the state), or c petition in bL1l'l,ruptcy be fileci by o. against undersi~ed, or a receiver be appointed for any part of the property or aSSllts of undersigneci, C? if l'.ny judtlment be entered "-!""ur:ot the undersigned, or if undersigned shall fail to meet at maturity any indebtedness or llnbility to the HoWe., or ;g ~y wa;:~.=ty or representation of undersigned pertainina to this credit (whether contained in this Note or not) prove <mtrue or miakadin[;, or;,g the t-Zclder shell feel insecure fez any reason whatsoever, (1) any and all of Liabilitie3 may, at the option of the l-:olG2r, nod t/ithcut demlL"'c~ 0;: notice 01' any kind, be declared, and thereupon immediLltely shall become, due and payable, '(2) the unde.-dencd V/:li J;;:'''J ell C1'pc:welJ of: t;;;,e J::ol~? in the collection of this Note, and in the enforcement of rights under any of the Collateral, includinn rocsoncb!c cttOnlcy's.l'ces a'itd k!lcl expenses, (3) the Holder may e"ercise from time to time any rights and remedies available to HolGer under taW Uniform Comme~c;nl Cod" e.s in effect at that time in the state or other available to Holder, includina those available under any writto", inotr-<lmoot (in aC:C;;'.tic:" to t~ Note) relatina to any of the Liabilities or any security therefor, and (4) the Holder may, at any time, without "emanel or lllot',ce of nny ldnd, appropriate and apply toward the payment of such of the Liabilities, and in such order of application, as the r-iolc'e. mllY ITom time to time elect, any balances, credits, deposits, accounts, items or monies of the undersigned with the Holde::. If any noti::icction of: :nt-;z:.clcd disposition of any of the Collateral is required by law, such notification, if mailed, shall be deemed recsonable end properly Given if ,,,,cV.ec.: at lenst five daYs before such disposition, postage prepaid, addressed to the undersianed, eHhc>: at the cddr:>so a::town below, 0:: ut 1:..2,:/ O;;:~4 address of the undersigned appearing on the records of the Holder. Any proceeds of any disposition of Collcteral may be cPP!'2cl \)':/ ';;::'e Holder to the payment of expenses in connection with the Collateral, including reMOnCe!e n~torney'u fees utd leeul ''''r:e,w::lS, c:UcC C.l)1 balance of such proceeds may be applied by the Holder toward the payment of such of the Lie'.>ilitiec, and in E'l.!cl:l orcle:: cr: cppl1c,-;::o~, ~s the Holder may from time to time elect. No delay or failure on the part of the Holder in the e""reise of any riBllt or remedy shell ope:mt." '"-.. a waive? thereof, and no sinale or partial exercise by the Holder of any right or remedy shnli r:recluC:e other or furtiter ell'-':rei= taexeof o. the exereise of any othei' right or remedy. The Holder shall be under no duty to exercise any or all of the riebts and remedieo Giv"n by lli).$ Now nncl no !;:<lr;:Y to t.1'jo in.st.n'me~t. shall be discharfled from his obligations or undertaIdnfls hereunder (a) Should the Holder relees" Ox ..."".ae not to we cny ;:>eZllOZ1 c~il!lS~ wh01n t21e pe.rty has, to the knowledfle of the Holder, a riebt of recourse or (b) should the Holder C$'t'ce t.o sl.!:J.ll:3nd fhe ::-:C-'-:t to e:n:::c.ce t::.'.s Note or Holder's interest in the Collateral against such person or otherwise discharge such pernon. Undei'signed trnnsfers, assigns and conveys to the Holder a sufficient amount of home$~el\cl end :'Jtcm9~0". wh!.ch v.nli:ord3=Cl 0:: undersigned's family may have under or by virtue of the Constitution or laws of the Ste.to CD c~.:J~ LillbilltiCJ i;o pay t21ern. it., cfse of bankruptcy, undersigned authorizes and directs the Trustee to deliver to Holder a sufficient nmou",,~ 02 pzo;:>erty or monel' c!nirnccl 1:'13 e"empt to !Jay Liabilities and the Holder is appointed attorney in fact for undersigned to clc.im any and ell home:ltca" ,memption:J cl1o\,cd by law. If more than one party shall execute this Note, the term undersigned as uS2d hei'ein shall menn all par\;i:3S sicnina this Note nnd eac\:. ,,::; them, who cllall be jointly and severally obligated hereunder. -GUARANTY OF PAYMlliNT- For value received, the undersigned (who if two or more in number, shall be jointly and severally lia'ille here~mder) hereby unconditionally guarantee(s) the payment of the Note on the reverse side hereof and all extensions or renevJE}s thereof, and all expenses (including attorney's fees) incurred ih the collection thereof, the enforcement of rights undel' any security therefor and the enforcement hereof, and waive(s) presentment, demand, notice of dishonor, protest and aU other notices whatever, and agree(s) that the holder of said Note may from time to time eJrtend or renew said Note for any period (whether or not longer than the original period of said Note), may from time to time and without notice surrende::, compromise, substitute or exchange all or any part of the Collateral described on the reverse side hereof, and may grant any releases, compromises or indulgences with respect to said Note or any extension or renewal thereof or any security therefor or to to any party liable thereunder or hereunder (including but not limited to failure or refusal to exercise one or more of the rights or remedies provided by said Note), all without notice to or consent of any of the undersigned and without affecting the liability of the undersigned hereunder, any of whom may be sued by the holder hereof with or without joining any of the other indorsers or makers of this Note and without first or contemporaneously suing such other persons, or otherwise seeking or proceeding to collect from them. Given under the hand and seal of each of the undersigned. (Address) ~ (Tel. No.) (Address) ~ (Tel. No.) (SEAL) (SEAL) \ toI\~ ,",