FORFEITURE PROMISSORY NOTE. Amount:. Date: Cause No.:
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1 1 Way Out Bail Bonds Bail Bond Dr Suite E Edinburg, TX FORFEITURE PROMISSORY NOTE Amount:. Date: Cause No.: FOR VALUE RECEIVED, We, (the Maker ) and (the Indemnitor ) unconditionally promise to pay to the order or 1 Way Out Bail Bonds ( Payee ) the principal sum of $ pursuant to the terms and conditions set forth herein. PAYMENT OF PRINCIPAL. The principal amount of this Promissory Note (the Note ) and any accrued but unpaid interest shall be due and payable upon demand. The maker and his indemnitors agree to pay the above amount 7 days therefrom either in person, by cash, or by credit card. Should this note be paid at maturity or when due or demandable, as herein provided, then the maker s obligations and the indemnitor s obligations herein will be satisfied. If the maker and/or indemnitors have given the holder a credit card for any charges, the maker expressly gives consent for the obligations under this agreement to be paid by said credit card. INTEREST. This Note shall bear interest, compounded annually, at 10% (Annual Interest Rate) percent. Interest shall accrue seven (7) days after the date of demand for payment. REMEDIES. No delay or omission on the part of the holder of this Note in exercising any right hereunder shall operate as a waiver of any such right or of any other right of such holder, nor shall any delay, omission or waiver on any one occasion be deemed a bar to or waiver of the same or any other right on any future occasion. The rights and remedies of the Payee shall be cumulative and may be pursued singly, successively, or together, in the sole discretion of the Payee. WAIVERS. All Parties to this Note, including Maker and any indemnitors, sureties, endorsers, and guarantors hereby waive protest, presentment, notice of dishonor, and notice of acceleration of maturity and agree to continue to remain bound for the payment of principal, interest and all other sums due under this Note notwithstanding any change or changes by way of release, surrender, exchange, modification or substitution of any security for this Note or by way of any extension or extensions of time for the payment of principal and interest; and all such parties waive all and every kind of notice of such change or changes and agree that the same may be made without notice or consent of any of them. No delay on the part of the Payee hereof and/or any failure to exercise any rights herein or hereunder shall operate as a waiver of such rights of Payee. EXPENSES. In the event that payment under this Note is not paid when due, the Maker and any Indemnitors agree to pay, in addition to the principal and interest hereunder, reasonable attorneys fees which are hereby fixed at 40% of the amount then due on this note together with interest and all costs ($ minimum charge). Should the attorney be required to file suit, the attorneys fees will not be limited and will be the actual fees incurred by the attorney. GOVERNING LAW. This Note shall be governed by, and construed in accordance with, the laws of the State of Texas. This promissory note is to be performed in Hidalgo County, Texas. MISCELLANEOUS. The provisions of this note are severable and if for any reason any provision on this note shall be declared invalid or unenforceable, then such provision or provisions shall be considered as not written and the other provisions of this note shall remain valid and enforceable. Payee is executing one or more bail bonds on behalf of Maker/Defendant and this promissory note is to insure the owed on the bonds posted for defendant/maker. A married person signing this note is acting for and on behalf of the community estate and any gains existing between the maker and the maker s spouse and/or the Indemnitor and the Indemnitor s spouse and also binds their respective spouses to the extent permissible under the law with respect to the spouse s separate and marital property.
2 SUCCESSORS. All of the foregoing is the promise of Maker and his or her indemnitors and shall bind each of them and their successors, heirs and assigns; provided, however, Maker and Indemnitor may not assign any of their rights or delegate any of their obligations hereunder without the prior written consent of the holder of this Note. The Payee may assign this note at any time without the consent of the Maker or the Indemnitor. IN WITNESS WHEREOF, Maker has executed this Promissory Note as of the day and year first above written. Maker/Defendant: Indemnitor(s): _
3 1 Way Out Bail Bonds Bail Bond Dr Suite E Edinburg, TX Premium Promissory Note Amount:. Date:. FOR VALUE RECEIVED, We, (the Maker ) and (Indemnitor) unconditionally promise to pay to the order of 1 Way Out Bail Bonds ( Payee ) the principal sum of $ pursuant to the terms and conditions set forth herein. PAYMENT OF PRINCIPAL. The principal amount of this Promissory Note (the Note ) and any accrued but unpaid interest shall be due and payable in payments as described below. Should this note be paid according to the payments set out below, then the obligations herein will be satisfied. If the maker and/or any indemnitor have given the holder a credit card for any charges, the maker expressly gives consent for the obligations under this agreement to be paid by said credit card. AGREED INSTALLMENT PLAN. Payment: Amount of Payment: Due Date of Payment: Payment No. 1 Payment No. 2 Payment No. 3 Payment No. 4 Payment No. 5 INTEREST. This Note shall bear interest, compounded annually, at 10% (Annual Interest Rate) percent. Interest shall accrue from the date of failure to make payment as set out herein. REMEDIES. No delay or omission on the part of the holder of this Note in exercising any right hereunder shall operate as a waiver of any such right or of any other right of such holder, nor shall any delay, omission or waiver on any one occasion be deemed a bar to or waiver of the same or any other right on any future occasion. The rights and remedies of the Payee shall be cumulative and may be pursued singly, successively, or together, in the sole discretion of the Payee. ACCELERATION. Should the Maker and/or his Indemnitors fail to make payments when due shall constitute an Event of Acceleration by Maker. Upon the occurrence of an Event of Acceleration under this Note, and in addition to any other rights and remedies that Payee may have, Payee shall have the right, at its sole and exclusive option, to declare this Note immediately due and payable in full. WAIVERS. All Parties to this Note, including Maker and any indemnitors, sureties, endorsers, and guarantors hereby waive protest, presentment, notice of dishonor, and notice of acceleration of maturity and agree to continue to remain bound for the payment of principal, interest and all other sums due under this Note notwithstanding any change or changes by way of release, surrender, exchange, modification or substitution of any security for this Note or by way of any extension or extensions of time for the payment of principal and interest; and all such parties waive all and every kind of notice of such change or changes and agree that the same may be made without
4 notice or consent of any of them. No delay on the part of the Payee hereof and/or any failure to exercise any rights herein or hereunder shall operate as a waiver of such rights of Payee. EXPENSES. In the event that payment under this Note is not paid when due, the Maker and any Indemnitors agree to pay, in addition to the principal and interest hereunder, reasonable attorneys fees which are hereby fixed at 40% of the amount then due on this note together with interest and all costs ($ minimum charge). Should the attorney be required to file suit, the attorneys fees will not be limited and will be the actual fees incurred by the attorney. GOVERNING LAW. This Note shall be governed by, and construed in accordance with, the laws of the State of Texas. This promissory note is to be performed in Houston, Harris County, Texas. MISCELLANEOUS. The provisions of this note are severable and if for any reason any provision on this note shall be declared invalid or unenforceable, then such provision or provisions shall be considered as not written and the other provisions of this note shall remain valid and enforceable. Payee is executing one or more bail bonds on behalf of Maker/Defendant and this promissory note is to insure the owed on the bonds posted for defendant/maker. A married person signing this note is acting for and on behalf of the community estate and any gains existing between the maker and the maker s spouse and/or the Indemnitor and the Indemnitor s spouse and also binds their respective spouses to the extent permissible under the law with respect to the spouse s separate and marital property. SUCCESSORS. All of the foregoing is the promise of Maker and his or her indemnitors and shall bind each of them and their successors, heirs and assigns; provided, however, Maker and Indemnitor may not assign any of their rights or delegate any of their obligations hereunder without the prior written consent of the holder of this Note. The Payee may assign this note at any time without the consent of the Maker or the Indmenitor. IN WITNESS WHEREOF, Maker has executed this Promissory Note as of the day and year first above written. Maker/Defendant: Indemnitor(s): _
5 1 Way Out Bail Bonds Bail Bond Dr Suite E Edinburg, TX Date:. INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this Agreement) is made effective on the date set out above and is by and between (Defendant/ Principal), (Indemnitor) and 1 Way Out Bail Bonds (Surety). Principal and Indemnitor make application to Surety for the execution of a Bail undertaking herein referred to as Bail Bond in the penal amount of $ for Defendant/Principal (and in consideration of Surety arranging for execution or continuance of this Bail Bond, Defendant/Principal and Indemnitor do jointly and severally agree as follows: WHEREAS, the Defendant/Principal and Indemnitor have entered into an agreement with the Surety to post one or more bail bonds on Defendant/Principal s behalf. Further, the Defendant/Principal and Indemnitor have agreed that Defendant/Principal will appear for court as ordered by the trial court. WHEREAS, t he Surety has posted one or more Bail Bonds on behalf of the Defendant/Principal to authorize his or her release from jail awaiting resolution of the underlying criminal case or cases. WHEREAS, t he Defendant/Principal and the Indemnitor desire to indemnify Surety from any losses, claims and/or litigation that might arise out of any breach of the par of Defendant/Principal s obligations and/or Indemnitor s obligations relating to the bonds posted and specifically but not limited to if the Defendant/Principal fails to appear for court regarding any of the bail bonds posted and the bonds are forfeited by the trial court. TERMS: INDEMNIFICATION. The Defendant/Principal and the Indemnitor shall fully defend, indemnify, and hold harmless Surety from any and all claims, lawsuits, demand, causes of action, liability, loss, damage and/or injury, of any kind whatsoever whether brought by an individual or other entity including the State or imposed by a court of law or by administrative action or any federal, state or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions negligence or willful misconduct on the part of Defendant/Principal and his failure to comply with his or her agreement to pay premium and his or her agreement to appear as required by a court of law. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees and related costs or expenses, and any reimbursements to Surety for all legal fees, expenses, and costs incurred by it. AMENDMENT; MODIFICATION. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all parties to this agreement. WAIVER. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom estoppel, or otherwise. ATTORNEYS FEES AND COSTS. If any legal action or other proceeding is brought in connection with this Agreement, the Surety will be entitled to recover it s reasonable attorneys fees and other related costs, in addition to any other relief to which the Surety is entitled. ENTIRE AGREEMENT. This agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements to the contrary. ENFORCEABILITY, SEVERABILITY, AND REFORMATION. The intent of the Parties is to provide as broad an indemnification as possible under Texas Law. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, the remaining provisions shall continue to be valid and enforceable, then such provision shall be deemed to be written construed and enforced as so limited. APPLICABLE LAW. This Agreement shall be governed exclusively by the laws of the State of Texas, without regard to conflict of law provisions. EXCLUSIVE VENUE AND JURISDICTION. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the state courts of Hidalgo County, Texas. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that is brought in any other jurisdiction or venue.
6 This agreement shall be effective as of the day and year first above written.. Maker/Defendant: Indemnitor(s): _
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