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case the 3eller ma,y also. without notice to the Buyer~ rescind this agreement and cancel the inatallment
note given pursuant hereto and. as liquidated damages for the breach hereof by the Buyer. retain sU
payments tberetofore received hereunder aa a fair rental for the use o! the equipment and~ in sddition.
the Buyer ahaU pay to the Seller any sums as to which he is in default hereunder at the time posseasion ~
of the equipment ia taken by the Seller; or (b) take pos.4esion of and reraove the equipment in the
manner above provided and. unless otherwise pmvided by statute, sell the equipment with or without •
notice at public or private sale~ at which the Seller may bid and purchsse, and in, such event the pro- - ~
ceeds of such sale. less the expenaes of retaking. repairin8, holding and seAing the equipment, including
a reasonable sum for attorney's fees~ shall be credited upon the unpaid balance of the purchase price
And the Buyer shall forthwith pay to the Seller any deficienc~•, Rny surplus being paid by the Seller to the
Buyer; or (c) recover fmm the Buyer. as agreed damages for the breach hereof, the `unpaid balance of ,
said note. or any renewal thereof. together with interest at the highest rate pernaittec~ by law, and in
such event. if the obligations of the Buyer hereunder be not by statute rendereti void or voidable by
reason of such authori$ation, the Buyer hereby suthoriaes any attorney at lsw to appear for the Buyer ~
in any oourt and waive the issue and service of pmcess and confess siid_:enter : a jadgment (without ,
declaration. with release of errnrs and without ataY of execution) against the Buyer in favor of the _
SeUer for an amount equivalent to the unpaid principal and sccrued interest payable on asid note..ylua
cost of suit, and the Buyer agrees that, if allowed bY ~w, 10 ~r of such unpaid principal ytnd socruet#'
interESt may be added to the amount of such 3adgment as attorney'a fees; or (d) pursut~ any. rornedy -
permitted by law in like-events. It is understood and a8reed that the rights or remedies giveri,the.'S~e~lltr .
hereunder ar~ curaulative and not alternative ; and that the commencement of one remedy or proceeding
by the Seller liereunder shall not constitut~ an eTection so as to bar the commencement and eniorcement
of any other remedy or pmceeding hereunder; provided~ however, that upon a recision ~ bf thts' a$ree-
ment by the Seller as hereinabove provided, the Seller shall not be entitled to collect the unpaid balance
o~-.t~betl~urari~e•1vir,~"+?~i~o1`~aid note. ~ ,
i'' `,~1 ~`j~ ' e~ replace sny parts of the equipment the operation of which is matenally
~p~'a~~r~ de~ec~~s3n-ma~
1 or workmanship existing at the time of delivery. No guarantee or war-
ranty, express or implied. is made by the 3eller e~ccept sa etated in thia para8raph.
The Buyer a~all take good care of tbe equipment and, subject to the preceding para~c'aph, shall
at his own expense keep it in good order and repair. making the replacement of parta where necessary.
Upon th~ failure of the Buyer to make such repaira and replacements, the Seller may cause them to be
made and add the cost thereof to any inatallment of the purchase price, of which such amount shsD in
all respecta ~ considered a park
10. Th'i~ontract. including all the righta and privileges of the 3eller, may be asaigned, snd/or .
i said~ note m negotiated, without notice to Buyer, and when assigned and/or negotiated. ahaU be •
~ tree fr~m efense, set-off. counter-claims, or cross complaint by the Buyer. Thia contract may not
be assigned the Buyer without the consent ot the Seller. or its assigns, in writing 8rst obtained. It
shall bind nure to the benefit of the parties hereto and their respective heira, executors. sdminis-
tr~tors, sppc ra, and (subject to the limitations expressed in this paragraph), assigns of the parti~es.
IN WITNE.SS. WHEAEOF, the parties have duly executed thia agreement the day and year Rrst
- sbove written.
~ .108~ S ~T 3~
~ Name or or
Corpo~att Name)
W1h1e8S ' _ gY--- - - w (I.. S.) ?
- -
` ~ ~ si{naeure?
itne By_ ( )
- - L. S.
• -
IBW~er's 31(naturel
SEALT T FOODS
Attest ~ BY-- (L. S.)
A s~---- s~s. - aartn ro e r sa.~ ni~
IN07t: In ease the Bu7er b a D~ct~ershiV. deh member ot tht llrm I! corDOratia~. Presidmt and Seerct+r7 s1aWd stpn and
oorporate ~1 aflized.l
STATE OF NORTH CAROLINA ~~~i i FR'g ACKNOWLEDGMENT
COUNTY OF MECHLENBURG
I, the nndersigned. s Notsrq Pnblic, in and for the said eounty. do hereby certify that______________________
J~-B~ May-------------, who is peraonally well knoa?n to me as the peraon named as__CO~ol~.e~'------oi
SEALTEST FOODS - SOUTHEBN DM310N, in the afotegoing conditionsl eontrsct of sale, personally appeared
_
befon me in said coantq the said----- J'- B=- M~! ----------------------and aa_; ~Q~'i~,~ex---afoteaaid,
snd by virt~u of the anthority vested in him sclcnowledged the asme to be the acE~~.~~~t~1`~FOOD3. tha
. ~
- seller thvr~in. . ~ ~ ~t v•,~~~ .
Oiren under my hand and aeal this_ 12 th ----~1? of Jahual~*~ V~^.,.,a-::: p1AQy
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F.710" 600K -
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