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HomeMy WebLinkAbout0973 _ `1 . . _ i . ~ . Purchsaer fusthes warranta and covenanta: , . 6. The atatementa and repreaentatione made by the Purcheser berein and signed by Purchaser are true. Purchaaer will imme- diately notify 3eller or asaignee in writin6 of any change in or discontinuance oi Purchaser'a place of residence or place or places ot business whichever ie or are set forth in said statemeni T. No nnandng stdtement covering the _CoUateral is on Ne in. an,y public office, and at request oi Seller. Purchaser wi11 ~Oin w~th Selter in executing one or more Snancing atatements pursuant to the UNform Commerciai G~ode, in form satisfactory to Seller and wUl pay the oost of 81ing the sa~ne in all public o~ces wherever 81ing is deemed neceasaty or des[rable by $eller. g, p~rchaser wW not sell or offer to seII or otherwise transfer . or encumber the t7ollateral or any interest therein without written consent of 9eller; wW kcep the (3ollateral in g0al order and repair and a?111 not waete or de8troy the Coliateral. 9. Purchaser sdmits. upon examination. that the Collateral. is :as repTe{sented by SeUer sud aeknOwledges sr.ceptance and deUvery thereof complete with attar.hments and equipment in good condition and repoir. Seller may examine and inapect the Collateral at any time, wherever located. ' 10. Seller may correct patent errore herein and in the note. 11. Any notice to PAU+chaber shall be su~deatly given when mailed to Purcbaaer's addreas stated above. 12. Purchaser wW keep the Collateral insured at all times againat loss by Sre and/or other hazerde concerning which, in the judgment of the Seller; insarance protection is reaeonably necessary. in a comPanY or oompanies aatistactory to the Seller and in amounts su~cient to protect Seller a8ainst loss or datnage to said CoAateral, that such policy or pollcies of insurance will be delivered to tlie Seller. together with loes payable clausea in favor of the Seller as its interest may appear. in form satiafsctory to the Seller. 13. Upon the hapgening oi anY o! the following eventa or conditions, namely: (I) default in the payment or performance of any of the Obllgations or of any oovenant or liability rnntained or referred to herein or in any note evidencing any oi the Obligations; ( I I) any warranty. reprPeeatstlon or statement made or furniahed to Se11er by or on behalf o! Purcbeser in oonnectLon with this agree' ment or to induce Seller to malce s loaa to Purchaser pmving to have been fa18e in sny matedal respect when made or furnished: (III) loss, theit, subatantial daais8e. deatrucUon, sale or encumDrance to or oi any of the Collateral. or the making of any levy, eeizure or at:schmeni thereof or thereon; (IV) destb, diaeolution. termination of ezistence. lnsalvency. bw~iness failure. aPPointment of a receiver of any part of the pro~erty of. eselSnment for the bene~t of creditors by, or the commencement of any proceeding under any bank- ~ ruptcy or ineolvency lsws by os agains~ Pur~cl~aser or saY Suarantor or surety for Purcheaer: thereupon. or at any time thereatter I !such default ttot hsvieg previousiq beea cured); (V) or if Seller deems itself insecured. Seller at ita option may declare sll oi the ~ obligations to be immediately due and payable and shall then have tLe rernedies of t seller uader the_ Isw. including, without limita- tion thereto. the right to take poaaeseion oi the Collateral, and for that purpose Shcer may, so far as Purchaser caa give sntbortty ~ therefor. enter upon any premiees on whicb the Collateral or say part theceoi maY be situated and t~emove the eame therefrom. Seller may require Purchaaer to make the Collateral ava#lable to Seller-at a place to be designated bq Seller which is reasonably oonvenient ~ ro parties. gelier will give Purchaser at least Sve days' prior wrttten nptice oL the time and pla,ce of aqy public sale thereoi or uf the time after which any prtvate sale or any other intended disposition thereo! is to be made, u?d at any such public or pdvste ~ sale Seller anay gtu'chese tfie Collsteral- 14. This agreement and the security intereat in the Collateral created hereby aball terminate when the Obligations have been paid in full. No waiver by Seller of any default shaII be effective unless in wr[ting nor operate aa a waiver o! a~y other default or o~ the sarne deiault on a future occasion Seller is suthorized to Sll in any blank spaces herein snd to date thla agreement approptistely AIl rights of 3eller hereunder ahall inure to the beneSt of the heira, executore. administrators. suce~essore and a~i~s of Sel~e~'~ obligations of Purchaser shall bind the heira. executora. adminiatrat+ora. successora and assigns ot Purchaser. If there be morg than ar.e Purchaser. their obligationa hereunder sLall be jofnt and several. This Agreement ahall be deemed to be binding on the Purcbaser upon a~xing his or its signature but shall not become s completed contract until signed also by tLe 3eller. T1?ia Agreeraent shall be construed a+coordtn8 to the 1aw of the State oi Ohfo. 15. It is underatood and agreed t1~at thia inatrument and the promissory note executed herewith may be aaslBned to a thii+a PartY- L pan n4tice of such aaaignmmt, P~rchaser sgi'ees to ma~e all Paymente at the o~ce of the named assiSnee and Purc1?aser acksowl- edges that Seller is not an agent d! such assignee for any pufpose. Purcheaer hereDq agreee that such asst8nment aha11 be free of any and a11 defenses whlch Purchaser may ha~e against 3eller az?d Purchaser aST~ ~~ttle all claima egainat Seller directly with Seller and not to eet up sny such clalm in anY action brought by assignee. 16. This Securtty Agteement containa the enUre agreement between the parties, and no oral agreement ahall be binding. , - ~ NM AS$IGINM~NT ~ or~ ami~9d~~$~~9~~~w~t~c~~°iy y: For value received, Lhe undersigned does hereby eell, essign, trensler. an set over un ~uccesaore and assigne, a11 oi its right, tiUe and intereat in and to the within security agreement, the amounts due and to become due ~ chereunder and to We CoAaterai therein described, herebY 8rantinB_full PoWe~' to t~e said as~ignee, either in the asaignee'a own name or in Lhe name oi the underaigned, Lo take all such legal or other proceedu?8's as the undereigned might have talcen except for this aaeignmen~ ~ The undersigned warranta thet the witbin instrument and the note aecured thereby are genuine and in all reapects what they pur- p~rt to be• tLat all stetementa oontained therein are true; that the within security interest ia the IIrst and best llen upon the Collateral dr:scribed therein: that there are no detensea, counterclaims, or set-ogs thereto that all parties to the foregoing inattument have ca- p3city to contract, and thst the undersigned has no knowledge of any facts which impair the validity or value of either the said aote ar the within eecurity agreemen~ The undereigp@d Mas~an~s that the said note and security agreement arise out oi a bona 8de sale made in compliance with the law f rom the ua ~-fbi,$et Y~lsaser named in the agreement for the amount therein, the Collateral deacribed therein has been ac- cepted by,~. ,~tii~t th~.~lown payment waa made by the Purchaser in cash. unleas otherwise _speciflcally stated in the agree- ment, ~~~p4~ent"indlcated in said agreement has been received and/or that the allowance given for the trade-in ia in the , '~A t~d'~~t. ~ - • ~ ; ~ ~ . _ - : nac~a cn;s -..._20th . ------Day or... 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