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Home My WebLink About2117 ~ . . ;.r Purcha~t,tii~urther aarrants ina oovenaats: r ~ The atatementa and repreaentstions made by the Pum.baeer herein and signed~ by Purchaser are true. Purchsser wlll imme- diateIy notify 3eller or aasigi?ee ia wrlting oi aqy change in or diaooatinuance ot Purchaser'e place o! re~sideace or plece or places o[ business wh[chever ls or are set forth in said atatement ~ 7. No Snaatlng btatemeat covering the Oollateral is on S;e in- atgr publie o~ and at requeat o! 8eller. Pu:+chaaer will ioin wlth seller :n executing one or more Snancing atatementa pursuant to the UNlorm Qummerdal Oode. in form satistactory to 3eller and will pay the oost oi Sling the eame in all public o~cee wherever Sling ie deemed aeceaeatg? or deairable by Seller. 8. Purchaser wW not aell or o8er to aell or othervvise transfer or encumbet the Collateral or an,y interest therein without written consent o! 3eller; will keep the Collateral in good order and repair aad wlll not waste or deetroy the (bllaterel. 9. Purcha,eer admite. upon examination. that the Collateral is as represented by Seller sad acknowl~acceptance aad delivery thereof complete with attachmeats and eqwipment in Sood condition and repaii: 8eller may examine and t the Collateral at any tinte, wherevet loCated. 10. 3ellet msy CorreCt patent errore herein snd 1a the aote. il. Any notice to P~a~ch9ser ehell be su~dently gtvea when mailed to Pum.haaer's addreas stated above. 12. Pumhaeer wW keep the Collateral insured at all time~ against loas bq tire and/or other bazarde concerNng which, in the judgment of the Seller. inaurance protection is reasonabiq necessary. ia a compaqy or oompaniea estiafactorq to the 8eller and in arnounts su~cient to protectj Seller against loas or damage to said CoIIateral, that auch policy or polides o! ins~rance will be delivered to the 3eiler. together with loss payable clausea ia lavor of the 3eller as ita interest may appear. in form saUsfactory to the Seller. 13. Upon the happenltg oi any of the following evente or conditl~s. namely: (I) ~default in the payment or perlormaace oi any ~ of the Obligations or oi aify oovenant or liability contained or referred to herein or in any note evidencing an,q of the Obligations; t II ) any warranty. repreeent~Uon or atatement made or furnished to Seller by or oa behalt o! Piu~chaser in oonnediQa with thfs agree- ment or to induce Seller fo make a losa to Purcbaser proving to have beea lalee in any meterial respect when made or furniahed; loss, thett, subetantial damage. deatruction, sate or encumbrance to or o1 any of the Qollateral. or the maktng of any leroy. aeisure or attachment thereoi or~thereon; (IV) death, dissolution. tenpination of eaiatenc~ ineolvency. busines~ fallure. appointment o! a receiver of any part of the prqpe~tyo~ aasignment for the beneflt of cneditora by. or the commencem~t oi anY P~8 ~AY ~k- ' ruptcy or ineolvency lsws by dr againsk Purcbaeer or anq guarantor or aurety tor Purcbaser; thereupon, or at aqy tirae thereatter ~ (such defaalt not havtt~ pi~eviously beea cured); (V) or if 3eller deems iteel! ineecured, $eller at ita optioa msy declare all oi the ~ Obligationa to be immedfately due and payabl~ and @hall then have the semedies of s eeller under the law. including. without limita- j tion thereto. tbe right to take pose~don o! the Q~llateral. and for tLat purpose Seller may. eo !ar as Purebaaer caa givs ant~ority ~ therefor, enter upon an premisea on which the Collateral or aay part thereoi may be ~situated and remove the same ther~trom. Seller may require Parchaser ~ make the Collateral available to Sellet at s place to be desig~ated by Seller wbich 1s t~easonsbly oonvenient to both parties, 3eller will give PurcLaser at least Sve days' prior wrttten noUce of the time and place ai any public eale tLereoi or ~ of the time atter which any private sale or anq other intended disposition thereoi is to be made, aad at a~=~ch pubHc or private sale Seller may purchaee the CollateraL y 14. This agreement and the seCUr[tq interest in the Collateral created herebq sliall terminate when the OWigations have been paid ~ in full_ No waiver by Seller of aay default ahall be eRective unlesa in writlng nor operate sa s waiver of aay other detault or ot the s~.me defanlt on a future occasion Seller is suthorized to 811 in any blank spacea hereia sad to date tt~is agc+eement approprla,tely. All rights of $e]ler hereunder ahall inure to the beneflt of the heirs, eaecutors, admWatratore, succeasors and aasigna of 3eller; and all oUligations o! Pnrchaser ahall bind the hefrs, e~cecutora, administratore, successors sud asaigna of Purc~ser. I! there be more than one Put~cvaser. their obligattons hereunder ahall be joint and eeveral. Thla Agreement ahall be deenaed to be binding oa the ParcLaser upon a~dng hta or its aignature but sl~all not beoome a completed oontract until signed also by the Seller. TLis Agreemeat aha11 be construed acoording to the law o! the 3tate oi OWo. 15. It is understood aad agreed tbat thia instrument and the promissory note executed herewith maq be aasigned to a third party. L pon notice o! such assignmPat, Purchaser agreee to make all paymente at the o~ce of the named assignee and Pnrchaaer acknowl- edges that Seller is not an agent of such aasignee for anq ipurpose. Purches~r hereby .agrees that such asaiBnment shall be iree o! any and all defensea whiclrPurcbaser m8y ~ave against Seller ahd Purchaser agrees to aettle all claims againat Seller directly with 5eller and not to set up aoy such claim In aay actioa bmught by assignee. 16. This 8ecvrity Agreement containa the enW~e agreeineat between the partie~, and no oral agreement aball be binding. ~ ASSIaNMEN'1' AND WAB~BANTY ~ For value received, the undersigned doea hereby sell, sasign, tranefer, and eet over unto DEPENDABLE AOCEPTANCE CO.. !ta ~ successors and assigas, all o! ita right, title and intereat in and to the within aecurltq agreement, tbe amounta due and to become due ~ thereunder and to the Collateral thereiu deecribed, heseby granUng full power to the said assignee, either in the asalgnce'a own name or in the name oi the undersigned, to take all such legal or other proceedings as the underaigned might have taken except for this ass[gament~ ~ The underaigned warranta that the within instrument and the note eecured therebq are genuiue and in all respecta wLat they pur- rat po ~ort to be; that all statements oontained therein are true; that the within aecur[tq interest ia tLe nret aad best llen u n the Collatetal described therein; that there are no defenses, counterclaime, or aet-offa thereto that sll psrties to the foregoing instrument have ca- pacity to contract, aad that the underaigned has ~ lrnowledge of any facts which impair the validity or value of dther the sald note or the witl~in securitq agreemeat The undersfgned wsrranta that the said note and security agreement arise out oi a bona flde sale made in compliauce with the law _ f rom the undersigned to tbe Purchaeer named in the agreement for the atnount therein, the Collateral described therein has been ac- cepted by the P~rchaser. that the down payment was made by the Purchaaer in caah. unleae otherwise speciScally atated in the agree- ment, and that the cash payment indicated in eaid agreement hae been received and/or that Lhe allowance given for the tsade-in ia in ' the amount atiptilsted in the agreemet?t. -,,~L ~ Dated this ._._.....22~---•••--••-•-•--• ............._._....Day nf_.~~E~EQ-•-. _ ~EBGO__MANUF Tl~.l.. .~1!~'MIY..-~--- - , . 0 MR~ p~r[ sy - <C----- - - ~ dVYw~~ ~AYL ~ . ~ ~ ~ _ --'lTiUe) . - - ~ c~L,I. f : ~ ~ s~~~ _ ~ ~ .h.~~:~,-. ~ ~ ~c~ `~'+S