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Home My WebLink About2854 t~~~-chaser further warrants and covenants: 6. The statements and representations made by the Purchaser herein anrl siened by Purchacer are true. Purchaser will imme- :.:~t,•ly notify Selier or assignee In tvriting of any change in or discontinuance of Purchaser's -place of residcnce or place or place9 of i n~:cs H•hiche~ er is or are set forth in said sta?tement_ . No flnancing atatement covering the Collateral is on flle in any public office, and at rt quest of Seller, I'urchaser will join with i:• r in executinR one or more Snancing statements pursuant to the Uniforni Commercial Cale, in form satisfactory to Seller and will c.~: ihe cost of filing the same in all public offices ~ehere~•er 51ing is deemcd necessary or desirable by Seller. Purehascr W ill not sell or offer to sell or other~rise transfcr or encumber the Collatcral or any interest therein without written ..~:s~~nt of Sclter; ~vill keep the Collateral in good order and repair and will not waste or destroy the Collateral.fllEO AN C RECT ttOEO I 9. Purchaser admi4s, upon examination, that the Collateral is as represented by Seller and ackno~vledges at~~e ~ I~ty A . i:~ r~ uf complete with attachments and c~quipment in good condition and repair. Seller may examine and inspectC~ ~ny~D ~:~~:e. w•herever laated. ~~Or~c~ ' itFCnRr} VEplFIED~.....•.~ ? 0. Seller may correct patent errors herein and in the notc. ~ ~ il. Any notice to Purchaser shall be sufficiently given when mailed to Purchaser's address stated above.pE~ i8 3(~ 1111 ~~3 12. Purchaser v~rill keep the Collateral insured at all times against loss by flre and/or other hazards concerning which, in the •.:~?~,-ment of the Seller, insurance protection is reasonably necessary, in a company or companies satisfactory to the Seller and in ::n„unts sufficient to protect Seller against loss or damage to said Collateral, that such policy or policies of insurance will be delivered [he Seller, together with loss payable clauses in fa~or of the Seller as its interest may appear, in form satisfactory to the Seller. ; 13. Upon the happening of any of thc following events or conditions, namely: ~(I) default in the payment or performance of any j rhe Obligations or df any covenant or liability contained or refened to herein or in any note evidencing any of the Obligations; ~ 1I ~ any warranty, rep~esentation or statement made or furnished to Seller by or on behalf of Purchaser in connection with thie agree- ~ .~;_nt or to induce Seller to make a loan to Purchaser pro~ing to have been false in any material respect when made or furnished; (III) theft, substantial damage, destntction, sale or encumbrance to or of any of the Collaterai, or the making of sny levy, seizure or ~ atcachment thereof or thereon; (IV) death, dissolution, termination of existence, insolveney, business failuce, appointment of a reeelver j : any part of the property of; assignmeni for the bene8t of creditors by, or the commencement of any proceeding under sny bank- :;~tcy or insolvency laWs by or against, Purchaser or any guarantor or surety for P~rchaser; thereupon, or at any time thereafter ~ s:uch default not having previously been cured); (V) or if Selter deems itself insecured, Seller at ita option may declare all of the ~ r~t~ligations to be immediately due and payabie and shall then have the remedies of a seller under the law, including, without limita- ~ _ic~n thereto, the right to take possession of the Collateral, and for that purpose 3eller may, so far as Purchaser can give suthority ~ cherefor. enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom. Seller ~ .:~ap require Purchaser to Make the Collateral available to Seller at a place to be designated by Seller which is ressonabiy convenient t~~, both parties. Seller will give Purchaser at least five days' prior ~vritten notice of the time and place of any public sale thereof or ~ the time after which an3 private sale or any other intended disposition thereof is to be mnde, and at any such publie or private ~ saie Seller may purchase the Collateral. - 14. This agreement and the security interest in the Collateral created hereby shall terminate when the Obligations have been paid - ~ fu1L No waiver by Setler of any default shall be effective unless in writing nor operate as a tvaiver of any other default or ot the ~ =-~:ne default on a future occasion. Seller is suthorized to fill in any blank spaces herein and to date this agreement appropriately. ~ _+.11 rights of Seller hereunder shall inure to the beneSt of the heirs, executors, administrators, successors and assigns o! Seller; and all bti;;ations of Purchaser shall bind the heirs, executors, administratora, successors and assigns of Purchaser. If there be more tban r Purchaser, their obligations hereunder shall be joint and se~eral. This Agreement shall be deemed to be binding on the Purchaser ';:;;n a~xing his or its si e but shall not become a completed contract until signed also by the Seller. This Agreement shall be ~ ~~~:~nstrued according to e la of the State of Ohio. 15. It is understood and agreed that this instrument and the promissory note executed herewith may be assigned to a third party. ~ '"r,~,n notice of such assignment, Purchaser agrees to make all ~ayments at Ehe oS'ice of the named assignee and Purchaser acknowl- l~;es that Seller !s not an agent of such assignee for any purpose. Purchaser hereby agrees that such assignmenE shall be free of ~ nnd all defenses which Purchaser may ha~e against Seller and Purchaser agrees to settie all claims against Seller diFectly w~th iler and not to set up any such claim in any action brought by assignee. ~ ~ 16. This Security Agreement contains the entire agreement between the parties, and no oral agreement shali be binding_ - ASSI(iN:~iENT R _ '~~or~`i~amiltq~~~$c~ ~o~~~Ep~~o. For value reccived, the undcrsigned does hereby sell, assign, transfer, and set over unto L A ~ts :~•~~ssors and assigns, all of its right, tiUe and interest in and to the «~ithin security agreement, the amotmts due and to become due " reunder and to the Collateral therein described, hereby granting full power to the said assignee, either in the assignee's own name or ~ the name of :he undersigned, to take all such legal or other procecdings as the undersigned might have taken except for this assignment. ~ 'Che undersigned warrants that the teithin instrumcnt and the note secured thereby are genuine and in all respects what they pur- ' to be; khat all statements contained therein are truc; that the ~vithin security interest is the Srst and best lien upon the Collateral ribed therein: that there are na defenses, counterclaims, ur set-offs th~reto that all pariies to the foregoing instrument have ca- -~~~~ty to contract, and that the undersigned has no kno«~lecige of any facts vthich impair the validity or value of either the said note r the within security agreement. ~ The undersignefl.warteT~ta that the said note and secnrit}• agrecment arise out of a bona Sde sale made in compliance with the law r» ~ -~~«z the undersig~ Rv.;t~tte~~ rhaser namc:d in the ngreemcnt f~r the amount therr~in, the Coliateral described therein has been ac- ~~:~ted by tt~e- er, t6at,~e dohn payment was made b}• the Purchaser in cash, uniess otheratise speci6cally stated in the agree- ;::ent, and.t '(>t~~ $yPa indicated in said agreemcnt has bc~~n receivecl and/or that the allovrance given for the trade-in is in J~,., ~ the BmolIil~~ , •~J} QI 8~il~Qllt. ^ - ~ tat Ab~ . ~ _ .19th _ _ : ---...nay or...Novembe.r_..., Is73 Date~ this . . ~ C:GUI'Ibx~ . dCt fil ..~.Ii~/ . ~ EBCO Manuf g p . . . . _ _ ~ ' h l s ''l , ; ~a`~ ,19~ s . _ : . _,,.r -1~-F' ' lC.~~.~-- _ _ - - ~ ~ . , , • r-, ~ - iT~tie~ T R Benua ~ ~ f ~ ~ ~ ~ ~ ~21 _ . . , ~.p. . , . ~k . . . . . 3_~~Y 7~ . ~ ~ . ~ - _ ~ ~ ~ - ~ _ ~