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Home My WebLink About0650 . . , . ~ 14~• ~ ~ . ADDITIONAL PROVISIONS fUR1HER WARRANTIES ANO COYENANTS OF THE OEBTOR. ihe Dtb~a ~er~by w~rrants and covena~rs tMt: 1. ExceDt tw rh~ s~cur~~y int~rost g~~nted M~tby, tM D~bta ii ~Fw own~. of th~ Colbteral (re~ (rom ~ny p~ia l~~n, s~cur+ry inl~reu o? encumbrance; and rhe pebro• will defend ~M Coll~?fNd against all cl~;ms ~nd d~mand~ oi •11 persons at any time cla~ming ~6e sam~ a~ny inte~~at thtr~in. The Debtw will noT sell w off~r to ull or o~Mrw~N +r~n~f~r w e~cu~nb~~ tM Collat~~~l or ~ny inter~st rMre~n without tM a~w wrine~ con~ent of •he Securcd Pa~ty. TI» Colla~er~l will be locared ~~d tept a~ ~eb~a'i ~ddre~i shown on ths reve~se sid~ he.cof snd shall no~ bw ~•moved from rhe S~ate of Colaado withou~ the prq~ written consent of S~c~red Party. 3. The Debror wil! immedutely nctily th~ Secured Pa~ty in wrinng of ~ny change in ~ddress i~om ~hat show~ in this ~qre~ment ~nd will also upon demand furnish to ~M Sccured Parq such fu~tha~ informatioo and w;ll ea~cute and d~liva ro the Secured Cuty svch fin~nuny s+atfinents. mortgages and orher papers ~nd witl do ~tl such acn and things ss the Secured Party m~y ~f any »me w from rims to ~~m~ reason~bly r~qu~it ~nd/w as may be ~ecessa.Y or approp.~~te ro establith and ma~n~~~n ~ v~lid secu~~ty tnterest in ?h~ Collate~al ~s securiy for M,e OCt~ganon, aubject 1o no p~iw liens w e~cumbrance~. a. 1he Debtor will keep the Collsrerat at all t~mes ~ns~rcd agains~ risks of loss o~ damage by f~re (~ncluding socalkd extcndcd cove~age), theft and such other casualties as the Secured Party may reasonab~y requ~r~, ~ncludinq coll~:ion i~ the cau of any motor vehick, sll in such amounts, under such forms ,f policies, upon such terms, fa such periods a~ wriue~ by such compan;es w undervn~itc~s as the Sacu~ed Party may approve, lo~ses in a~l cases to be paYabk ~o ~he Secu?ed Party and fhe pcbror as fheir i~terest may appear. All policies ef i~surance shatl prov~de for at leasf ten days priw writte~ not+ce of can~ellation ro the Secured Pa~ty; ~nd the Debtw shaf! fumiah fhe Secwed Pa~ty with ce~t~ficates of such inswance or other evide~ce satisFactory to tAe Secured Pany as to compGance with the provisions of this paragraph. The Set~red Party may au as altomey fw the Debto~ in making, adjustiny and setNing ctaims under or cancelling such insu~ante and entlwsing the Debtor's name wl any drafrs draw~ by insurers of the Collaterat. 5. The Osbto~ will keep the ~olFate~a! free }rom any advctx lie~, security interest a encvmbror~cc snd in gooJ wde? arW rep~ir, will not waste w destioy the ~ollater~l a any part rhereof and w111 not use ihe Colfareral in violsYwn of any •pplicable s~at~te, ord~nance w policy of insursnce thereon. ihe Secured Party may eY~mine and ~~spect the Coltafer~t at ~ny reasonabk time or ?~mes whe~eve+ locafed. 6. The Oeb~a will pay promptly when due ail tares and a~sessmcnts upon the Collateral or for its use or opcrat~on. AODITIONAI RIGHiS OF PARTIES. At its optan, 6ut wi~hout obligatio~ to do so, the Secured Party may: (1) diuharye tazes, ~~ens, w securiy intties?s w orher eecumbrancts at arty time levied a pbcea on the Col4teral; !Z) place and pay fw insurance on Col~aterat in the ~wnl Debtw fails to keep t1?~ Collate?al :nsur~d and ordtr and psy fo~ the r~pair, rtliirl}fM~1C! ~nd presen~tion of the Co{lateral; (3) pay any fees and charges necessary to dete~mine the exytce~ce of w to perftct, rs(tas~ w satisfy any stcv~ity relatcd he~eto; and (1) pay fw ticense, cerfifica~e of titk a registratan fees. The Deb1w agre~s to reimb~rse ~ 'ht Secu?ed Parly on demand iw any payment made o~ any expense intu~red by th~ Secured P~rty punw~t to th~ lor~9aing autho?ization. Until default rF+e Debtw may Mve poss~ssion of the Cdlaror~l ~nd use the same in sny tawf~9 manner ~ot incw,siste~t w~th this Agreeme~t. EVENTS OF DEfAULT-REMEOIES. Upon the happaniny of arryr of rht following ave~rs or cond~?IoRS, namcty: default in the p~ymeM or perform- ance of any of the Obligatiom a of a~y covenant w liability cw+~ained or referred to herei~ w in any note evidencing any of the Obligations; (ii) ~ny warranty, ropresentatpn or statemeM made w furnished to the Secured Pany by w on behaff of the Debfor in co~nection wYh this agrcement proving ~n f~!:3 :n z~; e~,-;a! :as~ss w!ri r.r~• e• fsr..;~F.~l f::i) Ims, thef~, su6stantial damage, destrudion, sak or encumbrance to w of any of the Collateral, or the making of a~y kvy, seiz~ro o? sttachmenl the?eof w thereon; (iv) death, dissolution, termination ot ezntente, +nsolvency, busmess iaiiure, appointmeM of a receiver of any part pf the properry of, assignn,ent for the ber~efil of uediton by, w the commencement of any proceedings under ~ny bankruptq or insolvency laws by or agairut Debtw w any guarantor or surety for the Debtor, thcreupo~, or at any Gme thereafier (wch default not hav~ng previously been cured), the Secured Party at iri option may dedare all of the Obtiqations to be immtdiately due and payabk and shall then have the aem- edies of a secured party under the Unifwm Commercial Codc of Colorado, or other applicabk law, including, without limitation thereto, the rigRt to take vossession of the Collateral, and anything found therein, and for that purpose may pursuc the Collateral wherever the same msy be found and with o~ n~ihout lega~ piocess may eneer any premises where the Collareral may be found and rake possess~on thereof and remove ehe same. The Secured Par~y may require the Debtor ~o make rhe Coilateral available ro the Secured Party at a place to be designated by me Secured Party which ~~easonably convemem to bo~h parr;es. Unless the Coila~eral is perishable o~ threatens to dedine speedily in value o~ is of a rype customar;ly sold on a -e:ogn~zed market, rne Secured Party will give ar least five days' writre~ nol~ce ro Debfor at the address shown on the reverse side hereof of ihe t~me and a ace of any public sale thereof o~ of the time afrer which any p.~vate sale or any other intended dispos~tion tFxreof is to be made. Expens.s of retaking, "olding, prepariog for sale, selling or the fike shall ~ndude the $ecvred Pa~ry': reasonable attorney's fees and costs. GENERAL. This ag~eement and the security intere:t in rhe Co!!a?erai creared hereby shall termi~ate when the Obligatiw~ has becn paid in full. No :.a~ver by the Secured Party of any default shalf be effective unless in writing nor operate as a waiver of any other defauit or of tFx same default on a •~~ure xcasion. All rights of rhe Secured Party he~eunde~ sF~a(1 inure to the benefit of its s~ccesiors and assigns; and all obligarFons of the Debtor shall bind ~-,e heirs, legal rep+esentat~ves, wccessors and assigos of the Debtor. If there be nwre than ane Debtw, their obligatiw~s hereunder shatl be joint and ~veral. ih~s agrKmem snall take effect when sigrxd by the pa.ties hereto. This agreemero shall be mnstrued under and governed by the iaws of Colorado. ASSIGNMENT For vak~e rece~ved, rhe wfthin Consumer Paper (Secur;ry ~Agrrement) and all the right, title and mterest of the undersigned therein and theraunder, ,•~d rhe properry therein described arxi secured are hereby sold, t~ansferred, conveyed and assigr.ed to successors and ass~gns, with fuN a~ehor~ty to do every act and thmg necessary to rollect and dischaige same. TAe unde~signed expressly wa~ra~ts that ~e w~rn~n Secunty Agreement arose from ~he bona fide ~ime sale to Debtor, grantw of tht secvrity ~nte~est in the p~operry described therein and secured •^ereby, thaf the title to said property at the rlme of sa~d sale was ves+ed ~n the unders~9ned free anai dear of all l~ens and encumb.ances, that rhe unde.- .,;ned had rhe legai r~ght ro and did properiy assign and delive~ such tiNe as well as said property to Oebtor at the time of the ule thereof, that said ;;~operty was not misrepresented in any way to Debtor, and that the statements of Debto~ in his credit statement are true ~o the best of the knowtedge ,r,d betief oi the undersigned. The undersigned fvrther wa~raMi that thr collateral is fr~e and dear of aII daims, liens and encumbrances whatsxver, except •~e withm security ineerest, that the Security AgreerrKnt ;s genuine and in all ~espects what it pvrports to be, that the undersigned is 1he owner of said Se;ur~fy Agreemen? and has the right to se~l and assign same, THAT DfBTOR VOtUNTARItY VURCHASED SAlD PROPERIY fOR THE DEFERRED PAYMENT =R!CE RATHER THAN FOR THE CASH PRICE BOTH STATEO HEREIN, that the down payment rece~ved as mentioned in said Security Agreement was paid ~ull by the Dcbtor in cash and%or trade-in as stated herein, that the Debtor ]s of tawful age and competent, that the properry ;s corredly described ere~n, that the signature(sl oF rhe Debtor(s) ~s (are) genuine, and that the undersigned has made all disclosures a~d give~ all notices requ~red by the ~ederal Consumer Credit Protection Act and has not received any Notice of Rescission irom any of the Oebtors. The unders7gned further warrants that this _h'~qat~on of the borrower did not ar]se from a referral sate w a home solicitation sa~e. In the event any of the above warranties are held to be fa(x, causing monetary loss to the assignee, the unde~signed agrees to save harmless the >>s~gnee herein and to pay all atrorney's fees and other costs incurred by said ass~gnee ~n enfwcing said warranties against the undersigned. Da~ed this day of , lq ` Secured Parfy (Deakr) BY - Autlarized Signature - ~ ~ ~ , E ~ 655 De, r 7t . _ . _ t _ _