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HomeMy WebLinkAbout1951 ~ . ~ c~Ft[G1NAS, PAGt "IIiRnE ca~e the SeUer may also, w~ithout notice to the Ru~•ei•, re,ciitd this agreement and cancel the installment note given pursuant hereto and, a~ li~~ui~lated dama~,re. for the bre~rrh hereof by the Buyer, retain all payments theretofore rect~i~•ed hereunder ~?s a fair rcntal fui• the ~i~e of the equipment a~id, in addition, the ~uyer shalt pav to the Seller any sums as to «•hich he is :n default hereunder at the time possession of the equipment is taken b~~ the Seller; or (b) takc ~7o~<esion of and remo~~e the equipment in the manner abo~~e pro~•ided and, unless other~~•ise pro~•icle~i t,~• ~tat~rte, ,elt the equipment w•ith ar without notice xt public or private sale, at «•hich the Seller m.?~• bid and purchase, and in suc!: e~•ent the pra ceea~ of such sale, less the expenses of retaking, repairing, holc~inb and selling the equipment, including a rea~onable sum for attorne~•'~ fees, shall be credited upon the ut~~~aid Ualance of the purchase price and the Bu~•er shali forth~~•ith i~a}~ to the Sefler any deticienc~•, ~urplt» being paid b~' t}ie Seller ta the Bu~~er; or (c) reco~•er from 1he Bu~•er, as agreed damage~ for the Ureach hereof, the unpaid balance of ~aid note, or ~n~~ rene~~•al thereof, together ~eith interest ~?t th~~ hi~;he;t rate permitted b~~ law, and in such e~•ent, if the obligation~ of the Buyer hereunder be not b}• ~tatute rendered ~~oid or ~•oidable by reason of such authorization, the Bu~~er hereby authorizes any~ att~rney at law to appear for the Burer i» any court and ~~•ai~~e the issue and ser~•ice of proce,, and con~;ess and enter a judgment (without declaration, with release uf error~ and ~~ithout sta)' of execution) against the Buyer in fa~•or of the Seller for an amount equivalent to the unpaid princiPal and accrued interest payable on said note, plus cost of suit, and the P,ut~er agrees that, if allowed by 1aw, 10~-: of such unpaid principal and accrued interest may be added to the amount of such judgment as attorne~•'s fees; or (d) pursue any remedy permitted by la~~• in like e~•ents. It is understood and agreed that the i•ights or remedies given the Seller hereunder are cumulati~•e and not alternative; and that the commencement of one remedy or proceeding b~• the Seller hereunder shal,l.not constitute an election so as to bar the commencement and enforcement of an~~ other remedv or proteed~g hereunder; pro~'~~~e~, ho~ti•e~~er, that upon a recision of this ag~ree- ment by the Seller as hereinabo~•e pro~~ided, the Seller ~hall not be entitled to collect the tznpaid b.xlance of the purchase price ~nd of said nate. 9. The Seller shall repair or replace any parts of the equipment the operation ~f which is rnsterially im~aired b~~ defects ir, material or ~~orkman~hip e~isting at the time of deli~•er}~. tio guarantee or war- rant~•, eXpress or implied, is made by the Seller except as stated in this paragraph. The Suyer shall take good care of the equipmen~ and, subject to the preceding paragraph, shall at hi~ o«•n e~pense keep it :n good order and repair, making the replacement of parts K•here necessar~~. Upon the failure of the Bu~~er to makP such repairs and replacement~, the Seller may~ cause them to be made ana add the cnst thereof to any instaliment of the purchase price, of ~vhich such amount shall in all respects be considered a part. 10. This cantract, including all the rights and pri~~ilege~ of the Seller, mav be assigned, and!or said note may he negotiated, u~ithout notice to Buyer, and µ~hen assigned and: or negotiated, shall be free from any defense, set-off, counter-claims, or cr~ss complaint b~~ the Buyer. This contract may not be assigned by the Bu~•er w•ithout the consent of the Seller, or its assign~, in «•riting first obtained. It 5ha11 bind and enure to the benEfit of the parties hereto and their regpective heirs, executor4,,adminis- trator:;, succe~sor,, and (~ubject to the limitations expressed in this paragraph), assigns of the parties. IN VVITNESS WHF,REOF, the parties ha~•e dul~• e~ecuted this agreement the day and ~•ear first abo~~e written. i' • pOI,K ~ S GROCERY , , - J,~~ ~ ~Trade Ai.~me or Firm Name or Corpnrate Name~ ~~'itne~~ v~~' l~L'~t~t.~.~ Br - _{L. S.) ~ ~ _ _ ~c i ature~ _ , i t n e~~~.~-~-~i~~G'~^,.~,,~y~^~--f B~~ ~ _(1.. S. ) • ' ~B~.:yer's Signature, _ . . ~ J SE ~I.TEST FOODS ~ . :lttest - - - - ~ - gs. ~ - (L. S.) ~~5~~, Sctiretary. Sn e L~icicion Oy r Su+.:thrm Di•:S>ion ; ti0I'E: In cnse the Buyer ia a partr,e~er,ch member of thc' firn; =};,~vid c. If coiS»raU~n. °res~, ent and Secretvy ~hnu'.d ~~~;n an3 corporate seal affixed.~ ~"1'.-~TF. C?F `OY.TfI CaRJLI~A ~ ss: SELLER'S ACtiNOiVLEDG`fE:'rT CUL'\Tl' OP ,11ECAI.E\BL'RG ~ I, the unc3er=i~ned, ~~otary Puhiic, in .~nd for the ssi~l c~nin?; ,~to her~~1•~• ~•ertify that _ J. i=iay ,~~~ho is per.~onal:y «'eil kno~vn to ine a~ the per~un narned as ~OT.TI~~ ro112r of ~EALTF:fiT FOODS - SOUTFiERti DI~'ISIO'~, in the afure~;oin~; con~liti~~nnl contract uf ~a~e, per~nnali~• appeared „ beforr me in said county the said i'~~ ~ an~l a~. CCF;n-~ro11.e,~;~~~~,a~f;reaeid, _ ~ . anci b}• ~irtue of the authorit}• ve.~ted in him ackro~;~led~;e~i the ~arne to be the act of ~aid SEAIlT~T lf'bL~1D~~~Tre ~ei~~r therein. ~v~~. • ~ ~ C ~ J' " , I . <<: Giver3 undcr mp hand and seai this 2?~h day of A u;,a5 ~ l'~t~i~-.• . . . ~''d~ ~ ~A _ ' ~ ~ _ ' ~ . ~Notarp FuGL. . /~G_-~~-~~. . ~ . _ . ~ ~ . ~ .c~s6tit. , IS£AL~ r ~ ti1y t'ummis=ion ~;xpirc~ '-'~v-~J~ . i~391068 ~ ~ .