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Home My WebLink About2043 f. r . , . , , i . . c)RICINAL Pa4Gi T`iRE.E case the Se:ier may a18o, without notice to the Buyer, rescind this agreement and cancel the installment note gi•.~Cn pursuant hereto and, a~ liquidated dxmage~ for the breach hereof by the Buyer, retain all pav:~~ents theretofore recei.•ed hereunder as a fair rental for :he use of the equipment and, in addition~ t;~e Buyei• shall pay to~the S~ller any sums as to w•hich he is in default hereunder at the time possession of the equipment is taken b~• the Seller; or (b) take po::sesion of and remo~•e the equipment in the manner above ptovided and, unless other~i•ise provided b~• ~tatkte, sell the equipment with or without notice at public or private sale, at which the Selle* m~y bid and ~urchase, and in such event the pro- ceeds of such sale, less the expenses af retaking, repairing, holding and selling the equipment, including a reasonable sum for attorney's fees, shall be cred~ted upon the unE~aid balance of the purchase price und the Bu~~er shall forthwith pa~• to the Seller any deficienc~•, h:~~' surplus being paid by the Seller to the Buyer; ar (c) recover from the Buyer. as agreed damages for the bi•~ach hereof, the unpaid balance of ~aid note, or anv renewal thereof, together with interest at the highest rate pe~mitted by law~ and in such event, if the obligations of the Buyer hereunder be IlOt b\~ statute rendered void or voidable by reason of such suthorization, the Buyer hereby authorizes an~~ attorney at law to appear for the Buyer in any court and wai~~e the issue and service of process and confess and ~nter.a judgment (without declaration, with release af errors and without stay of execution) against the Buyer in favor of the Seller for an amount equivalent to the unpaid principal and accrued interest payable on said note, plus cost of suit, and the Buyer agrees that, if allowed bY iaw, 10 i~ of such unpaid principal and acerued interest may be added ta the arnount of such judgment as attorney's fees; or (d) pursue any remedy permitted by la~~ in like e~~ents. It is understood and agreed that the rights or remedies given.the Seller hereunder are cumulative and not alternative; and that the commencement of one remedy or proceeding bv th~ Seller hereunder shall not constitute ~n election so as to bar the commencement and enforcement of an~• other remedy or procee~ hereunder; pro~'~~ed, ho~ti•e~•er, that upon a recision of this agree- rnent by the Seller ay hereiflabode provided, the Seller ~hall not be entitied to colle~t the unpaid balance of d~&+ pu~se price and of ~l note. The S~1Ter shall re~air.Ar ~~eplace any parts of the equipment the operation of which is materially im~iair~tl'$'t~ 8efects in material or workmanship existing at the time of deli~~ery. No guarantee or war- ranty, express or implied, ia made by the Seller except as stated in this paragraph. The Buyer shall take bood care of the equipment and, subject to the preceding paragraph, shall at his ow•n expense keep it in fiood order and repair, making the replacement of parts w•here necessary. L'pnn th~ failure of the Buy~er to make such repairs and replacements, the Seller may cause them to be made and add the cost thereof to any installment of the purchase price, of which such amount shall in all respects be considered a part. 10. This contract, including all the rights and privileges of the Se112r, may be assigned, and/or said note may be negotiated, without notice to Buyer, and when assigned and/or negotiated, shall be free from any defense, set-off, counter-claims, or cross complaint by the Buyer. This contract may not be assigned the Buyer without the consent of the Seller, or its assigns, in w•riting first obtained. It shall bind and enure to the ben~fit of the parties hereto and th2ir respective heirs, executors, adminis- trators, successors, and (subject to the limitations expressed in this paragraph), assigns of the parties. Ih' WITNE ' WHEREOF, the parties have dul~~ executed this agreement the day and year first above written / ~ ' ______~1C,°~S~E~S / ~ ~ iTrade IYa or C orate Namel - ~~'itness - - ~ '~J-- L. S.) By - ~ iHuycr's Slgnature~ - ~Vitnes; _ - . By - (L. S.) + , ~Rciyer's Signature~ SEALTES~ FOOD$ , . . . ~ : . , ~ttest - - ~ B3' 7~ T (I.. S.) A S~~, Secretary, o he i~•' ion~ `i 18r Southern Dicision ~NOTf:: i7 case the Buyer is a yart shin, .ach member of the firm ~hould s~ II eorpor~t!on, Pre ent and 5acretar~~ should ~i~:n and corporate seal a(hxed.~ • ~ ~ • ~ • . ~ . _ • ~TaTF o~ tiORT~Fi caROLiti~ gELLER'S At:kNOWLEDG~tE~T ~ COC'\Tt' OF 4I~:CKLE:~BL'RC ~ . I, thz ur:dersi~ne~i, a:~atary Public, in and for the s-;id county, do hereby,r.ertify that___ J. B. ~'i$y , who i: personally well kno~ti•n to me as the person named asCornptroll°Y' of SEAI.TEST FOODS - SOliTIiER\ DI~'ISIOti, in the aforegoin~; conditional contrart of sate, personall~~ appeared before me in said county the said ~,Y - ~ ~ and as~,~~~~,Z' aforesaid, ' ~r ` • 'J and bc virtue of the authority vested in him acknowled~e~ the same to be tbe act Ars~c}ci'S2.`~4I.T~~%,FOOUS, the seller therein. ~ ~ , r y . , ~1~~. ~ ~ Given under mq hand and geat r.n~g 1'th day of ~U~ - . , , 19 6 . F • + ~ C , ~ _ , . , ~ •A ~-u-e, l- ~~"?f~.. r - . . lNUtoi ~ ) Jl f~{,~ tt~tl~ 'e~,~. "a.y r . . ~ ~ ~"-"'~'-'"`~tJ ~ ' y ~3LAL; ~ + , Jfy Cornn?iss~ors F:xpire~ •$.:~8~~j f-391068 EDCK ~41 . ~ - - - -