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HomeMy WebLinkAbout2992 _ r Purcheser further warrants aad covenanta; ~ 6. The statement~ and representations made by the Purchaser h~rein and signed by Purchaser are true. Purchaaer will imme- diately notify Seller or assignee in writing of any changc in or discontinuance of Purchaser's place ot residence or place or places o~! business whichever is or are set fotth in said statement. T. _ No Snsacing statement wvertng the Collateral is on Ale #n say put~lic office. and at request o! 3eAer. An~haser v~•ill join~ with Seller M e~cecuting one or more Snancing statements pursuant to the Uniform Commercial Oode, in form satisfactory to $eiler and witt pay the c:ost of 81ing the same in all public offices wherever Blfng is deemed necessary or deairable by SeUer. 8. Purchaser will not selt or offer to sell or otherwise transfer or encumber the Collateral or any interest therein without written consent of Seller; w-ill keep the Collateral in good order and repait and wiil ~ aoL waste or deatroy the Collaterai. 9. Purchaser~ admits, upon examuiation, that the Collateral ia as represented Dy Seller and acknowledges acceptance and delivery thereof oomplete ~ith attachmenta and equipment in good condition snd repaii: Seller may examirte and Insgect the Coliateral at any_ t;rae. wherever located. 10. $eller msy eorrect patent errors herein and in the note. 21. Any notice to Purchaaer shall be su~cienUy given when rr~ailed to Purchaser's address stated above. ~ 12. Purchaser will keep the Collateral insured at all times against loss by 8re and/or other hazards concerning which, in ihe judgment of the SeAer, insurance protection is reasonably necessary, in a comgany or companies satisfactory to the Seller and in amounts sufficient to protect Seller against Ioss or damage to said Collateral, that auctt polIcy or policies of insurance will be delivered to the Seller, together with los9 payable clauses in favor of the Seller as its interest raay appear~ in form satisfactory to the Seiler, 13. Upon the t~appet~ing of any of ihe following events or conditions, namely: '(I) default in the payment or performance of any of the Obligations or of any covenant or liability contained or referred to herein or in any note evidencing any of the ObllgaUona; (II) any warranty, represeatatIare or statement made or furnished to Seller by or on behalf of Purchaser in oonnection with thi8 agree. ment or to induce Sellefr to mAlce a loan to Purchaser proving to have been false in any material respect when made or fttrnished; (III) loss, theft, substantial damage, destniction, sale or encumbrance to or oi any of Lhe Collateral, or the making oi any levy, seizure or attachment thereof or ther~eon• (N) death, dissolution, termination of existence, insolvency. businese failure, sppointment of a recetver of any part of the property of, assignment for the beneHt of creditors by, or the commencement of any proceeding under any hank- ruptcy or insolvency lawa bq or against, Purchaser or any guarantor or surety for Purchaser; thereupon, or at any time thereafter (such default not having previously been cured); (V) or if Seller deems itself insecured, 3eller at ite option may declare all of the Obligations to be immediately' due and payable and shall then have the remedies o! a seiler under the Iaw, including, without limlta- ticn thereto, the right to take poasessian of the Collateral, and for that purpose 3eller may, so far as Purchaser can give authodty therefor, enter upon any premises on which the Collaterai or any part thereof may be situated snd remove the same thereE~+om. 3eller may require. Purchaser. to make the Collateral available to Seller at a place to be designated by Seller which iaq reasonably convenient to both parties. Seller w-ill give Purchaser at least Sve days' prior written notice of the time and place of any public sale tflereof or ' of the time after which any private sate or any other intended disposition thereof is to be made, and at any such public or private I sale Seller may purchase the CoUateral. 14. This agreement and the securlty interest in the Collateral created hereby aball termInate when the Obligations have been paid I' in full. No waiver by Seller of any default shall be effective unless in writing nor operate as a waiver of any other default or o! the same default on a future occasion. Seller is authorized to fill in any blank spaces herein and to date UUs agreement appropriately. , All righta of Seller hereunder shall inure to the bene8t of the heirs, executors, administrators. successors and assigns of Seller; and all ~ obligatians of Purehaser shali bind the heirs, executors, administrators, successors and assigns of P~rchaser. If there be more than ane Purchaser, thefr obligations hereunder shall be joint and several. This Agreement shall be deemed to be binding on We Purcltaeer upon affixing tus or its aignature but shall not become a completed contract until signed also by the Seller. This Agreement sl~all be construed according Lo the law oP the 3tate of Ohio. 15. It is understood and agreed that this instrument and the promissory note executed herewith may be ass3gned to a third party. C'pon notice of such assignment, Purchaser agrees to make all payments at the o~ce of the named assignee and Purchaser acknowl- edgea that Seller ie not an agent 'of such assignee for any purpose. Purchaser hereby agrees that such assignment shall be free of any and all defenses which Purchaser may have againsE Seller and Purchaser agrees to settle all claims against Seller direcUy with Seller 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 shall be binding. ASSI(iNT21iEh'T ~~v~o~~Hamilton RqDad Columbus Ohi~ ' For value received, the undersigned does hereby sell, assign, transfer, and set over unto DEPEN AB~E ACCEPTA.I~G~E CO., ts ~ successors and assigns, all of its right, title and interest in and to the within security agteement, the amounts due and to become due thereunder and to the Collateral therein described, hereby granting fuli power to the said assignee, eitber in the asaignee's own name or in the name of the undersigned, to take all such legal or other proceeciings as the undersigned might have taken except for this assignment. The undersigned warcants that the within ir?strument and the note secured thereby are genuine and in all respect~ what they pur- port to be• that all atatements contained therein are true: that the within security intereat i$ the 8rst and best lfen upon Lhe Collatetal d~scribe@ iherein; that there are no defenses, counterclaims, or set-of'fs thereto that all pariies to the foregoing instrument have ca- ~ Pacity to contraet;~, ~d that the undersigned has no kno~vleclge of any facts which impair the validity or value of either the said note or the within eecliti~y ~eement. The und ~~~i~tita.that the said note and security agreement arise out of s bona flde sale made in compliance with the law from the ExY`to.~lia+PjtrChaser named in the ngreement for the amount therein, the C~llatecal described therein has been aC- repted by+tt{ ~ rj tha{a the dow-n payment v~as made by the Purchaser in cash, uniess otherwise specifically stated in the agree- ment, aJi~+thht the cas2t~ps~tl~nt indicated in said agrcement has been received and/or that the allowance given for the trade-in is in ~~a te~ O~~C/(~tv in:~.t~~,reem~r. ~5 . 1~~~1.- _.........:...Day or---..11~arch_... l9_7!1 ..Ol] f~'~ . , : _ ` Dated this - _ _ ~ . : •'O~ • - ' EBCO Manufactuz~inq . ~ fh i s . a a • . _ - ~ I ~ i _ _ _ . . ~omp.anx . . . , - ~ . ~ • r • . $ • i . / . 1 Y t.\.. ....s.~..i' . • i ~ . - . ' f - _ s~ ~T~~~~, T R Benu , - ar, ~ ic ~'~t PA(~~7~ ' . • • a V.P. , ~ , . . ~ ` ~ ~ ~ ~ _ _ ~ ~ - ` ,