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HomeMy WebLinkAbout2042 • , PAGE 7W0 ~ $_____~Za3~________at the time of the executiou of this a~;reement. $_____,~Q~.___________at the time uf deli~•ery of the equip~~ t59•1~ .3 ~____~..~3________in__~('i.__monthl,r• installment~ of $~_~9~~_____each ~r in amounts as indicatec] in .chedule of l~a~•ments. TOTAL $____?-`1~55_~~Z________beloti?~~ th~ first installment bein~; payable on the....__~~_________day of _ _ _ _ _ _ _ _ ~~L'~e~b~T _ _ _ _ _ _ , 1 h _ 6~ and aU subsequent installments - . on the same c3ay~ of each month thereafter ~~ntil the entire 1~ro ~'~d Sb4~ ..B~m~d _~~y_ .S~e[~~n _ doJ.1~eR ~c _ 33,~~ - - - - t ~w - ~ - = -~1~?~~,3~: _ _ - - _ - - ) Dollars shal! hsve been fully paid, said instaliments bearing intere~t f?•om clate at the rate of six per centum per annum. Said de~brre8-purchase price shall be e~~idenced b;. an installment promissor~~ note executed by the Buyer at the time of the executio~,p~this agreement, and pa5•able af the times and in the amount t~ereinafter set farth, that is to say •~~y ]~.q67 196$ 196 January . . ' _ January ~9• ~ Jantiar3• January ~ $___59.1A _ Februarp _ . . . _ February _ _ _ ~9• Fel~ruar~• _ _ February _ sg!~ _ ~Iarch :~Iarch $____~9'~ ~iasch 5.~•~_ e_ 9.3A . . ~q~IA . - - "Viarch w --r~------- _ Apr~l ~pril April $_.~9.~J--- April 59-']A - :17a}• `1ay :lla~• ~_.~9.3IJ ~~y ~___54•3!J 9.IA ~9•10 June June June ` e ~ Y 3---------_ July Jul Jul • Jul ~59~10 ~9.1Q--- u Y 3---~~'~ - ~ August August ~.'YQ August _ August September $__1~9_!~__ September ~Q.1A September ~9•~ September October $__~?.~t~__ October . ~g.10 October _ October tiovember • . No~~ember ~~C.2A Iv'orember'~_ rTovember necember ;__1~.~t~:'_ December ~w_____~~,lp ~~Deeember $~,:~g!~=^^ December Said note anci any rene~c•als thereof shall be payable to the Seller or order and shall be deemed to be only eviden~e of indebtednes. to the Seller for said installment~ but not payments thereof. It is understood and agreed that title t~ the equipment anci an~~ replacements thereof and additions thereto shall remain in the Seller and shall n~t pass to the Bu~•er until the entire purchase price has been fuUy ~7aid unc] until al1 the other termc of this agreem~nt to be l~re~ iously performed b~• the Buyer have been fu~l~~ re?•formed. L'~n such paymen~ and Performance, the Seller shall, at the request of the Buyer, execute and deli~•er to the Buyer an ackno~i•led~,~ment that the L'uyer has made payment in full of the purcha~e price speci6ed herein anci that title tn the equipment i~as passed to the Buyer. The obiigation of the Bu~•er to pay all oi the installments of the purchase nrice and to compty with all the other terme of this at~re~n~ent ta be perforn~ed by the Buyer shall c~ntin:~e and shall to no extent. be ]irnited by reason of any damage, destruction or loss of equipment «~hile in the Buyer's possession. 5. The Euyer aha11 pa5• an~- and all taxes, le~~ies, license fees or assessments made, levied or a~s~s~ect against the equipment by any legal authority ancl ~halI satisf~• any liens that may be impressed thereon ~o long as ai~y part af the purchase price hereunder t•emains unpaid, and in the event the Seller pays any such items the amount thereof shall be added to an~,~ installment of the purchase price, ~of ~yhich in all respects it shall be con~idered a par!. 6. The equipment ~hall be considered as person~lt}~ ~snc1 shatl in nu ~vay be attached to the realty or made a part thereof in any manner v~~hatsoever s~ lon~ as any part of the purchase price hereunder remains unpaid. 7. The Bu~-er agrees that the Bu~•ez• «•i11, at the I>a~'er'~ o~i~n cost and crpense, fully insure the equipment against damage b~~ reasan of tit~e in a corn~riny or cnmpanies appro~~ed by the Seller, any loss arisin~z thereuncier to be pai~ to the Se?ler, ay its intere~t m~~• <~~>>~ear. The Seller, at its optiott, may ~ effect ~uch in•tirance on k,ehalf of the Luy~er, .jnd is herc~b~~ :~~.ith~~rizerl to do so, and to charge the Buyer with the cost thereof, and any such co~t shall be r.cirlecl .~n~• installment of the purchase price, of which in all respects, it shall be considered a part. 8. Ugon the }~dppenink* of an~• of the follo~~•ing erents: (1) default b~~ the Buyer in payment of any part of the purchase price due hereunder; or (21 an~i other default by f,he Buyer in the prompt and faithful i~erformxnce hf an~• of the terms, condition~ anc~ obli~ations ~f this agreement to be performed Uy the L'u~~er; or (3) any atternpt b~ the Buyer to ~ell. let, pledge, mortgage, remove or otherwiae clispose of an~• pxrt or all of' the equipment or of the I3uyer's interest therein; or (4) the seizure o# th~e equipment by or for creditors of the Ru~•er, or le~•~• upon it for debts, taxes or rent; or (5) the insolvency uf the Buye~•; or (6) ihe m~l<in~ of an~• dssignment b~~ the Buyer for the beneht of creditors; or (7) the filing of a rbluntary ot• involuntarti• ~etition in bankruptc~• by or against ±h~ Buyer; or (8) the appoint- ment of uny receiver by' an~ State or Federal caurt of all nr a~ubstantial part of the Buyer's assets; or (9) the breaeh b~ the Euyer of an~• oi' the provisions of the Ru~•er's agreement with the Seller of even riate hei•e~~ ith for the ~~?~irchase of ice cream, ices, an~ ~ther frozen commodities; then and in any such event thE entire un~i,d l~e af the purchase pric~• :~nd ~f said note shall at the option of the Seller without noticc~ c,fthe e~c~~3~e the~-ebt tu urryone, 1~er~~ri~i~ imrnc~iately due and payable anti the Seller (~vhether or nut it exei~cisr~ :rii~;h u~~tion) mav with~~~~t notice tc, ai• demand on the Buyer (a) take l1a~s~e~~ion ot~ dnci rc~m~~•c th~ ~qiiipment «•ith ~~r ~~~ithr,,~; le~,.il proce~~ ~vherever it may be and in auch 800K ~~G?V ~~o - - - L