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HomeMy WebLinkAbout0406~_ ~~' ~ by the f~tl;er's~~~~r~in-ise~t~V natelu~'evrn date. Payment of each installment shall ~ by check or money order subject to cull~rtion aa•omp<ulied b} the appropriate notification slip furnished by the Seller. The ltuyer mny anticipate payment of any ur all of the unpaid installments, in which event file Buyer shall receive or tle credited with that proportion of the total amount of the Finance Charge wh`h the sum of the periodic time ba!anc~ after the month in which the outstanding Time Rnlance is paid in full bears to the sum of-All of the periodic time halences under the schedult.uf payments contemplated by this contract, or such greater anu~ur,c, if any, as rnav be required by applicable law. 'I'ITLF: Ai\D MAINTENANCE OF PROPERTY. Title and ownership of the Yropeity shall remain in the Seller until said indehtedn~ss shall have teen fully paid, at which time ownership sc~~il pass to the Buyer. The Buyer acknowledges receipt ut the Propert}• in good condition and agrees thr_t the Property shell be installed in the following premises: Street 32;35 N~. Federa~ Ifrgr.. City . F't. Pbres _ County St. Iuaia _ State Florida but shall not be so affixed as to become A part of the malty. The Buyer will not remove the Property or sell, rent, encumber, or otherwise dispose of it without the prior written consent of the Seller. if the Buyer should soil, rl•nt, encumber, or other- w'ISe dI3,~Oae Of the Property, regardless of whether the Seller firs consented, the Seller shall hsve tftle to, and security interest in, the proceeds arising from such sale, real, encumbrance, or disposal. The Buyer will take good care of the Property, keep it in good repair and be responsible for its loss or damage. "fhe Buyer will promptly pay when due all taxes, assessments, license fees and other public charges which may be levied or aase:..aed against the Property, this instrument, or the indebted- ness secured hereby, or against the Seller hereafter by reason of the retention of title thereto, and will satisfy all liens against the Property. The Seller shall have the right to pay auy such tax, assessment, fee, or charge and to satisfy any such lien upon the Buyer's failure to do so and any sum so expended by the Seller shall be added to the indebtedness secured hereby. Uf:FAULT AND REb1EDiliS. If the Buyer d°faults in any payment hereunder or fails to comply with any provision of this contract at the time specified (time being of the essence) or if a proceeding in b8nkruptcy, receivership, reorganisation, err insldv'ency is instituted by or against the Buyer, or if the Buyer shall make an assignment for the benefit of creditors, or shall cease to do busines_q as a going co~ern, or if the Property is seized or levied upon under legal process, or if the Property is substantially damaged or destroyed, or if the Buyer shall permit any of the foregoing to be done, or if the Seller shalt at anv time deem itself insecure hereunder, the Seller may, at its option and without notice or demand, (1) declare the entire indebtedness remaining unpaid to he immediately due and payable, and sue for the amount due and reasonable attorney's fee, thereb}' vesting the title in the Property in the Buyer, ('l) enter with or without legal process the premises where the Property, or any part thereof, may be, or is believed to ba, and take possession thereof and/or remove the same (no matter how installed or afhxedl, and thereafter hold the same absolutely free horn any anJ all claims of the Bu}•er, and retain all payments theretofore made by the Bu}'er hereunder as and for the reasonable rental of the Property and for the use, wear and tear thereof, or (~1 retain all payments made by the Buyer as liquidated damages for the use of acid Property. If the Seller exercises its option to retake the Property, the Seller may resell the Property eo retaken at public or private sale with or without notice, and the Seller may purchase the Property for its own account at any such axle. The proceeds of such sate shall be applied 111 to the expense ~f settling all liens and claims against, and all expense of retaking, repairing, holding and reselling the Yroperl}', including a reasonable attorney's fee and (21 to the unpaid balance of tha indebtedness secured hereb}'; and any surplus shall be paid to the Buyer. Any deficiency shall be paid forthwith by the Buyer to the Seller. The Seller shall also have the right to all other remedies afforded by law. MISCELLANEOUS PROVISIONS. No representations, warranties or agreements relating to the subject matter shall be binding unless in writing and signed by the party to be charged. This agreement shall not be modified or supplemented except in writing signed b}• the parties. The Buyer expressly waives all exemption and homestead laws. The Buyer releases an}' rights for failure on the Seller's part to file a satisfaction certificate except within a reasonable time following demand of the Buyer after full satisfaction. Failure of the Seller to ir+.sist upon prompt pa}'ment of any installment or prompt perform- ance of an}' covenant shall not be deemed a waiver thereof, nor shall waiver of any payment or performance hereunder be deemed a waiver of any other or subsequent default or breach. This agreement may be assigned by the Seller, but shall not be assigned by the Buyer without the prior written consent of the Seller. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors and assigns. In the event of the assignment by the Seller of this contract, or the note of even date, the Buyer shall have no right to assert any set-off, counterclaim, or defense as to the assignee, which might otherwise be asserted against the Seller. The buyer will promptly notif}' the Seller of any foss of, or damage to, the Property. Any provision of this contract prohibited by the applicable laws of any jurisdiction shall be inef;ective therein to the extent of such prohibition, without otherwise affecting the provisions of this contract. The Buyer acknowledges receipt of a true copy of this contract. Buyer _ PItItiTIN(?• BY H~AHId.... .. ' . ..._.._ (Print name or Bute - ( l~ rived Slgn~turel (3Deeirs p.xitioni A:4:ERICAN TYPE F'OUNDEftS CO., INC. ___ •. .~ y _ / L S _.... ..../ ... ... .. This instrument was prepared b}' American Type Fourdera Co., Inc., 200 Elmora Avenue, Elizabeth, New Jersey, :rhich corporation is five beneficial owner of the debt secured hereby at the date hereon.