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HomeMy WebLinkAbout1898 _ . _ - - - . --1 ADDITIONAL ~ROVISIONS Title to the Chattels shflll not poss to the Buyer but shall remoin in the Seller until all poyments here- under, or any judgmeni Therefor, have been fully poid cnd all othe~ conditions hereof fully performed. Seller moy trcnsfer and sell this agreement and note to GENERAL INNKEEPING ACCEPTANCE CORPORATION or any subsidiary the~eof, in which event assignee shall hove all the rights of the Seller hereunder but Seller shcll noi be deemed to be ossignee's cgent for ony purpose unleu specifically authorized to act as such cnd Buyer agrees b poy the unpaid bolante owing to GENERAL INNKEEPING ACCEPTANCE CORPORATION on due dates. Buyer agrees not to interpose any claim against the Seller as o defense, offset or counterclaim in any oction by ossig~ee upon this contrcct or said note. Buyer will keep the Chottels i~ good repair without cost or liabiliry to Seller; will not misuse, abuse or illegully use the Chattels; will not sell, assign, transfer, mortgage, suffer o lien upon or in ony woy encumbe~ the Chattels or suffe~ them b come inb the possession of cny othe~ person; will not secrete, abandon or remove _ them or suffer their ~emoval from the locotion stated obove or ~emove or permit to be removed any eq~ipment or accessories now or hereafter placed upon said property; will immediatety notiEy $eller`s assignee of a~y - chonge in Buyer's residence f~om thai stated above; the risk of loss of the Chottels sholl be on the Buyer; the loss, injury or destruction of the Chattels shaif not release Buyer hereunder, any equipment, accesso~ies, ports or replucements which become attached to or o port of the Chottels shall become the property of the Selfer and subject to the conditions of this contract as if originally purchased hereunder. Buyer egrees to allow Seller free access and right of inspection of the Chattels ot oll times and in the event of loss or domage to the Chattels, to immediately notify Seller thereof in writing; will keep the Chattels insured against loss by fire, theft and such other risks os are custorrwry, in an amount, in form, coverage and insu~er satisfactory to Seller with loss payable to Selle~ or its assigns as their interests may oppear; will poy all taxes or other tharges against thQ chottels. Time is the essence of this contract. If a default sholl occur with respect to any terms of this controct, then, oi the option of Seller and without notice or demond, oll of the unpaid installments shull become immedi- ately due and payable ond Seller sholl have the right to tlie extent pe~mitted, by low; (A) to recover the bolance of all amounts due hereunder; (B) to repossess the Chottels which Buyer sholl ossemble ot a place designated by Seller (Buyer hereby outhorizes and empowers Seller without notice to Buyer with the aid of any person to enter upon the premises where the Chottels may be found and take possession und carry awoy the Chottels withouY process of law) and (i) retain the Chattels ond all poyments mode hereunder, or (ii) retain oll poy- ments and sell and dispose ot the Chottels at public or private sele (all without notice to Buyer and with the right to the $eller to purchose any of the Chattels at _ such sale), pay all charges and expenses incurred by the Seller in con~ection with or incidental to the repouession, storc~ge, repair ond sale, including attomey's fees, poy the balante due hereunder with interesi oi the highest legol contract rote, and poy the surplus, if any, to the Buyer, who sholl remoin lioble for any deficiency with interest at the highest legol tontract rote, or (iii) retain the Chattels and all poyments made hereunder, credit the Buyer with the reosonable velue of the Chottels, ond recover from the Buyer ony deficiency together with any such charges, expenses ond interest at the highest legal contract rate; the amounts to be retained by the Seller and the balance to be poid by the Buyer under this poragroph shall not be os o penalry~ but os liquidaied darrwges for the breuch hereof, os reosonoble rent fo~ th~us-of-the Chottels ond for ihe depreciotion and repoir ihereof;--EC)-to pursue any other -remedy permitted by low or equity. The ~emedies permitted by (A), (B), (i), (ii) or (iii) and tC), to the extent permit- ted by Irnv, moy be exercised successively or concurrently and the exercise of one shall not bo~ fhe ~other. ~Buyer and Seller waive any ond all righi to a trial by jury in ony action or proceeding bosed hereon. In ~c~s~ Bwer fails to perform ony port of this controct, Buyer agrees to pay oll costs and expenses, including courts cosis, collection and ottomeys' fees incurred by the Seller in enforcing rnnd p~otecting Seller's rights hereunder but not to exceed ony amount or percentage permitted by law of the jurisdiction concemed. Buyer agrees to puy, in addition to interest at-the-hig~'iest legol controct rate, all delinquent, collection and other charges pemnitted by low. Buyer ocknowledges thot ot or before the execution of this contract the Selfer quoted to the Buyer both the cosh price and the time price for the Chattels ond offered to sell the Chottek to the Buyer for either of such prices. Buyer's sole rights sholl be under ihe manufacturer`s writte~ warranties, if ony. This contract contains the entire agreement of the parties and it may not be modi- fied except in writing. Seller sholl not by the occeptonce of overdue poyments or by any oct or omission to act be deemed to hove waived any right hereunder. A waiver on one occasion shall not operote as a waiver on o future occasion. If it should appeor thot ony provisions hereof ore in conflict with ony statute or rule of lavr of any stote or ter~ibry wherein it may be sought-to be~enforced, then such provisions shall be deemed null and void to the extent tFwt they may tonflici therewith, but without involidoting the remaining provisions hereof. For the sole purpose of resolving eny problem of conflict of lows with respect to filing or recording hereof, it is declared and ogreed thot this instrument shall be deemed to be executed, completed and effective when the property is received at the address at which it is to be locoted and that all questions of low sholl be determined by the low of the Stote of Tennessee. This contraci sholl be binding upon the heirs, administrotors, legol representa- tives and successors of the Buyer. ~ UABfUTY INSURANCE COYQtAGE FOR BODILY INJURY AND PROPHtTY DAMAGE CAUSED TO OTH~tS IS NOT INCLUDED IN THIS CONTitACT - ' ~ ' ~ ' " ' B~oK~~ e7v ~ . . . . ._k'~L,. - -wi~:5,c~'~e-w p 'w.- S-.~ ~ ~R~ : ~