PROMISSORY NOTE
$300,000.00 Dated May 13, 0000
Xxxxxxxxx Xxxxxx Xxxxx of Arizona
This Promissory Note is hereby entered into on the 13th day of May by
and between Auto Network Group of New Mexico, Inc., a New Mexico corporation
having its office at 000 Xxxxxxxxx , X.X., Xxxxxxxxxxx, Xxx Xxxxxx 00000 AND
Xxxxx Xxxxxxx, an individual residing at 0000 Xxxx Xxxxxxxxx Xxxxxx, Xxxx,
Xxxxxxx 00000, both personally and for and on behalf of Auto Network Group of
New Mexico, Inc., AND Xxxxxxx Xxxxxxx, an individual residing at 0000 Xxxx
Xxxxxxxxx Xxxxxx, Xxxx, Xxxxxxx 00000, AND Xxxxx Xxxxxx, an individual, residing
at 12800 Comanche X.X. #00, Xxxxxxxxxxx, Xxx Xxxxxx 00000, AND Xxxxxxx Xxxxxx,
an individual, residing 12800 Comanche X.X. #00, Xxxxxxxxxxx, Xxx Xxxxxx 00000,
AND Xxxxxx Xxxxxx, an individual residing at 0000 Xxxxx Xxxx Xxxxxx,
Xxxxxxxxxxx, Xxx Xxxxxx 00000 AND Xxxxxx Xxxxxx, an individual, residing at 0000
Xxxxx Xxxx Xxxxxx, Xxxxxxxxxxx, Xxx Xxxxxx 00000, hereinafter referred to as the
BORROWERS, AND,
Pinnacle Financial Corporation, having its office at 0000 X. Xxxxxxxx,
Xxxxx 0, Xxxxxxxxxx, Xxxxxxx 00000, hereinafter referred to as the LENDER.
Borrowers hereby jointly and severally promise to pay to the order of
Lender the sum of Three Hundred Thousand Dollars ($300,000.00), together with
interest thereon at the rate of twelve percent (12%) per annum on the unpaid
balance. Said sum shall be paid as follows:
Interest payments of Three Thousand Dollars ($3,000.00) payable in
arrears on the 13th day of each month beginning June 13, 1999; and,
The principal amount of Three Hundred Thousand Dollars ($300,000.00)
shall be payable on May 13, 2000 unless such termination of this Note shall
occur in which case all principal amount shall become immediately due and
payable.
This note may be prepaid, in full, at any time, without penalty.
The proceeds from this Note shall at all times be solely used to
acquire motor vehicles for resale and their titles shall also serve as security
and as collateral against the eventual repayment of this Note. Lender shall have
the right to verify and confirm this collateral at any time and violation of
this security shall be cause for the immediate termination of this Note.
In the event this Note shall be in default, and placed with an attorney
for collection, then the undersigned agree to pay all reasonable attorney fees
and costs of collection. All payments hereunder shall be made to such address as
shown above or as may from time to time be designated by Lender. Default
interest shall be at eighteen percent (18%) per annum.
PROMISSORY NOTE DATED MAY 13, 1999
PAGE 2
The undersigned and all other parties to this Note, whether as
endorsers, guarantors or sureties, agree to remain fully bound hereunder until
this note shall be fully paid and waive demand, presentment and protest and all
notices thereto and further agree to remain bound, notwithstanding any
extension, renewal, modification, waiver, or other indulgence by any holder or
upon the discharge or release of any obligor hereunder or to this note, or upon
the exchange, substitution, or release of any collateral granted as security for
this note. No modification or indulgence by any holder hereof shall be binding
unless in writing; and any indulgence on any one occasion shall not be an
indulgence for any other or future occasion. Any modification or change of
terms, hereunder granted by any holder hereof, shall be valid and binding upon
each of the undersigned, notwithstanding the acknowledgment of any of the
undersigned, and each of the undersigned does hereby irrevocably grant to each
of the others a power of attorney to enter into any such modification on their
behalf. The rights of any holder hereof shall be cumulative and not necessarily
successive. This note shall take effect as a sealed instrument and shall be
construed, governed and enforced in accordance with the laws of the State first
appearing at the head of this note. The undersigned hereby execute this note as
principals and not as sureties.
Signed in the presence of:
/s/XXXXX X. XXXXXXXXXX /s/XXXXX XXXXXXX
Witness Auto Network Group of New Mexico, Inc.
Xxxxx Xxxxxxx, President
INDIVIDUAL BORROWERS AND GUARANTORS
We the undersigned jointly and severally guaranty the prompt and punctual
payment of all monies due under the aforesaid note and agree to remain bound
until fully paid.
Signed in the presence of:
/s/XXXXX X. XXXXXXXXXX /s/XXXXX XXXXXXX
Witness XXXXX X. XXXXXXXXXX Xxxxx Xxxxxxx, Individual Guarantor
/s/XXXXX XXXXXXX /s/XXXXXXX XXXXXXX
Witness XXXXX XXXXXXX Xxxxxxx Xxxxxxx, Individual Guarantor
/S/XXXXX XXXXXXX /s/XXXXX XXXXXX
Witness Xxxxx Xxxxxx, Individual Guarantor
PROMISSORY NOTE DATED MAY 13, 1999
PAGE THREE
/S/XXXXX XXXXXXX /s/XXXXXXX XXXXXX
Witness Xxxxxxx Xxxxxx, Individual Guarantor
/S/XXXXX XXXXXXX /s/XXXXXX XXXXXX
Witness Xxxxxx Xxxxxx, Individual Guarantor
/S/XXXXX XXXXXXX /s/XXXXXX XXXXXX
Witness Xxxxxx Xxxxxx, Individual Guarantor
