Loading...
HomeMy WebLinkAbout0031B~'h1c ~~ fAGE ~~ TERMS AND CONDITIONS OF CONTRACT i. No warranties, either expressed cr implied, have ueen made by Seller, unless a^r'orsed hereon in writing, ana th; y_r'~BS hereto hereby acknowledge that the transaction, as ouGined or, the face hereof, is a true gnu correct statement cf this transaction. 2. It is understood that the lisle to the within described property shall not pass to the buyer, but shzl! remain vested in any ~: -he property of the Seller, or assigne?, unti: the purchase price, and all other sums due hereunder have been fully paid. Each and all of the conditions and stipulations of this agreement, includ- ing the time for making said payments, shall be and are of the essence of this contract, and no-agreement for any transfer, renewal, extension or assignment et this contract or any interest then?under, or loss, injury or destruction o' said property shall release Royer from his c5ligation hereunder. 3. Buyer agrees that Seller, or assignee, :nay collect a delinquency and collection charge on each installment of this contract which is in arrears not less than ten days, said charge to be in an amount equal to five per cent of said installment, or the maximum permissible under applicable law whichever is the lesser amount. Ir addi- tion, Buyer agrees that, in the event this contract is referred !o an attorney not a salaried employee of the holder of the contract, for collection, Buyer will pay attorney's tees not to exceed fifteen per cent (t~ o) of the amount due and payable under the contract plus court costs if any. 4. Buyer agrees to keep, use and maintain said property in a careful and prudent manner, ?nd not to use same illegally or improperly, and to keep said property tree of all taxes, !lens and encumbrances whatsoever. 6uver agrees that any sum of money paid by the Seller in payment or discharge of taxes, liens and encumbrances on said property shalt be promptly repaid by Buyer and shall be secured by and under this contract. Buyer agrees that he will not remove said property from the state and that he will net transfer any interest in th,s contract or said property without the prior written permission of Seller. 5. In the event of any d~far~lt by ttie Buyer in the performance ^i any cf the terms or conditions hereof, Seller may, with or without notice, declare the entire unpaid portion of the contract immediately due and payable; and, further, in the event of such default, Buyer agrees that Seller may retake possession of said property wherever it may be foend, with or without legal process, and Seller may retain all payments made as compensation for use of the said property while . Buyer s possession. 'n the event of repossession try Setter, Seller may either, ai its option, retain said property free and clear of any claim of Buyer, or Seller may sell said property, with cr without notice, at public or private sale, and the proceeds less all expenses of such sale shall be cred,ted on the amount due hereunder; Buyer shall pay any remaining balance forthwith as liquidated damages for the breach of this contract, and Buyer shalt receive any surplus. - 6. Buyer agrees to keep said property insured against loss or dar.iage by tire, wind, theft and accident in an insurance company or companies satisfactory to the Seller, in an amount not less than the unsaid portion of the purchase price, such insurance to be payable to the Seller or assignee, as its this) interest may appear. If the Suyer tails at any time to provide and maintain such insurance, Seller may have the property insured and Buyer agrees to pay the premium for such insurance upon demand, and the payment of said premium shall be secured by and under this contract. .7. The Buyer admits notice of the intended sale and assignment of tpis contract, and covenant:: and agrees that no waiver or modification shall be valid or binding upon any assignee hereof, unless evidenced by his (its) written consent, and that any assignee shall be entitled to all of the'Seller's rights herein. It is expressly agreed that this contract shall not be countermanded, and that it shall apply to, in;:re to the benefit of, and bind the heirs, executors, administrators, successors and assigns of the parties hereto. Any provision of this contract prohibited by law of any State, as to said State, shall be inefective to the extent of such prohibition without invalidating the remaining provisions of this contract. 8. Bayer agrees that the property dzsa ibed herein will remain personal property even though such property is attached or affixed to realty. 9. This contract integrates and supercedes zl! p. for agreements, whether written or otherwise, between Seller and Buyer, with reference to this transaction; and represents the final agreement between the parties. ~6UARANTY In consideration of the exece6cn of this contract, the undersigned hereby guarantees the performance by the Buyer of all terms and conditions of this contract; the under- signed hereby waives notice of default and agrees that the holder, without affecting IiabiLty of the cndersigned, may compromise or release by operation of law or other- wise, any rights against Buyer and may grant extensions of time of paymenLto Buyer. 6aannter - --- -- - - - ---- --- - - -- ------- - -- SELLER'S ASSIGNMENT For valuable consideration, the receipt whereof is hereby acknowledged, the Seller hereby sells, assigns, tr?~sfers, and sets over to INDUSTRIAL CREDIT COMPANY or its assigns, the above contract, and all rights, title and interest in and to the property therein descnbed; and all rights and remedial under said contract, withoutvecourse as to Buyer's obligation of payment, hereby granting full pawer to the assignee either in assignee's name, or in Seller's name to take all such legal or other proceedings as Seliar might have taken save for this assignment. To ir~d~~ce the assignee to purchase the above contract, the Seller warrants that the instrument is genuine and in all respects what it purports to be; that the cash payment shown has been received and /or that the allowance given for .he trade-in is the amount stated; that the property sold is as represented to the Buyer gird .s truly and accurately described and the amount owing thereon is correctly stated; that all statements of fact therein contained are true; that at the time of the execution of the agreement, the Seller had good title to the property described znd good right to transfer titre thereto, and agrees to defend said title and agrees that said property shall be forthwith registered in the name of the Buyer. The Seller further warrants that there are no liens against the property and that same has been delivered into the possession of said Buyer; that all parties to the foregoing instrument are of legal age and have capacity to contract, that the Seller has no knowledge of any facts which impair the validity or value of said instrument, and that card instrument complies with applicable laws. In the ?vent any of the warran- ties or agreements in this assignment e.z untrue er are not performed, Setter agrees io repurchase this contract, or, if the property described therein Iran been repossessed, Sealer agrees to repurchase said property end to pay for either the contact or the property, as the case may be, the total amount of all the installments unpaid at the time of repurchase. If Seller executes any guaranty or undertaking as indicated below, the words "without recourse as to Buyer's obligation of payment" are deemed deleted and Seiler agrees that assignee may extend or modify farms of payment by agreement with the Buyer without affecting Seller's obligations under such guaranty or undertaking. .; (See outer sloe for Seller's signature to assignn:ent.1 As parts of the foregoing assignment, Seller's obligations are governed by the paragraph set forth opposite Seller's signature below. The words "without recourse as to Buyer's obligation of payment" shall then be deemed deleted from said assignment. ~ Q~~ l 3 REPURCHASE AGREE!dENT __ _ F_IIED AND RECORDED To Assignee: 1 ~ Seller i~_ total l~ec rid 80Q1( Ii you repossess the property, we will apon your demand pay you the then unpaid balance, provided the property is offered to us within ninety i90) days after maturity 6y . ~y~} r - r ---- - -- -- oi the earliest installment still wholly in uefault. 17t1L ACT 3G Wfl S• '+T (Title) 11h11TED REPURCHASE AGRFFMENT ROGER P O I T R A S, CLERK Ta Asst nee: ST. LUCIE COIiNTI', f LORIOA ~ ~1~ g li yoc re ossess the rc ert , we will ,~ n our demand pay you the then un aid -- - _ - - - - - D P P Y_ Po y P ~ ~ Seller balance, provided the property is offered to us within ninety (90) days zfter maturity - . „ _ of the earliest installment still Hholly in d.:fault. Our liablity to repurchase hereunder shall continue only until the first. ~,~ . installments shall have been paid to yvu by the Buyer, each witt:in thirty t"s0) days B __:. _ _ _ ~~ of its aspective maturity, and thereafter the assignment shall be deemed to be without y -- - -"---- -- - -- , :., j:p+,,"tIA) recourse, in accordance with said assignrnant. ;_; ~. , -~ W.lir RECOURSE AGREEAiENT _ _ _ _- - __ _ - _ ' 1' ~ Seller is Assignee: r r.' ' .' Y!e guarantee payment of the uipaid balance cn the sari rentract as ana when the By _ __ - - --- -- - - --- - - same shall became due, hereby waiving notice of acceptance hereof. Qitle) I`JI)(I~TI~(AL CIREI)IT ~ © fvt P N ti Y .`.12 Professionci Bidg. Sunrise Center Fort Leuderciala, Florida