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HomeMy WebLinkAbout0299 DEPENDABLE ACCEPTANCE CO. • , Box 13194 Columbus. Ohia. 4s^213 Pu: cha~er furt~er warrants atiA covensats: ~ _ - - - - ~ 6. The atatements and representations made by the Purchaser herein and sianed by Purchaaer are true• Purchaser will imme' diately notify Seller or assignee in writing of any change in or discontinuance of Purchaser's place of residence or place or Place~ ot b•.:siness whichever is or are set forth in said statement. _ . 7. No Snancing statement covering ihe Collateral is o~l'$le-in any public office, and at request of Seiler; Pu~chasei~will joiri iti*ith i~t~r in executing one or more flnancing statements pursuant to the Uniform Commercial Code, in form satisfactory to Seller and wfll ~ay the cost oi Sling the same in all publlc offices wherever flling is deemed necessary or desirable by Seller. S. Purchaser will not sell or offer to sell or otherwlsfl transs.st ~T' ~e ~y~ertl or any intereat therein without written c,~r.sent of Seller; will keep the Collateral in good order and repair and will not waste or destroy the Collateral. ~ purchaser a~Imits, upon examin~?tio~, Lhat th~ CoUateral is. a.s rePre~sented bY Se11er and aeknowledges acceptsnce and delivery t::~ reof complete with attachments and eqwpment in good condition and repair. Seller may examine and inspecE the Collateral at any !u~~e, wherever located. 10. Seller may,correct patent errora herein and in the note. 11. Any notice to ~urchaeer ehall be su~cienUy given when mailed to Purchaser's address stated above. 12. Purchaser will keep the Collateral insured at a11 times against loss by Sre and/or other hazards concerning which, in the ~u~agment ot the Selle~, insurance pmtection is reasoruzbly necessary. in a company or oompaniea eatisfactory to the SeUer and in am~unts su~cient to protect Seller against loss or damage to said Collateral, that such policy~r'pofi~c~ ~~BC~rye~ ~ Se~l~le=e~ tu the Seiler. together with loss payable clauses in favor of the Seller as its interest may appe 13. Upon the Isappening of any o! the following events or conditions, namely: (I) default in the paymenY or pertormance of any of the Obligations or of aay cavenant or liability contained or referred to herein or in any note evidencing any of the Obligationa; , I I ~ any ~ararranty, representaUon or statement made or furnished to Seller by oi on behalf of Purchaser in connecUon with this aBree' ; ment or to induce Seller to make a loan to Purchaser proving to have been false in any material respect when made or furnlshed; (III) i :oss, theft, substantial damage. destrucUon, sale or encumbrance to or o! any of the Collateral, or the making of ~y~ ~ a~ e= a~cachment thereof or thereon• (IV) death, dissolution, termination ot existence, insolveney. business failure, appo~ ~der an banlc- ~ o: a.-~} part of the p~pertY of. ase~Bnment for the bene8t of creditors by. or the commencement of any proceeding Y E ; uptcy or insolvency lawa. bq or againet. Purcheser or any guarantor or surety for Purchaaer; thereupon, or at sny time thereafter ~such default not havhig previouslY been cured): (V) or if Seller deems itself insecured. Se11er at its option may declare all of the Obligations to be immediately due and payable and shall then have the remedies of a seller under= the law, including, without limita- ~ tion thereto, the right to take possession of the Collateral, and for that purpose 3eller may, so far as Pnrchaser cat? glve authortty therefor, enter upon any premieea on which the Collateral or any part thereof may be situated and remove the same therefrom. Seller ~ n-:ay require Purchaser to make the Collateral available to Seller at a place to be designated by Seller which is reasonably convenient c:, both parties. Seller will give Purchaser at least Sve days' prior written notice of the time and place of any public sale tLereo! or •>f the time after which any prtvate sale or any other intended disposition thereof is to be made, and at any such public or private ~ sale Seller may purchaee the Collateral. 14, Thie agteement and the aecurity interest in the Collateral created hereby atiall terminate when the Ob1lgaUons have been paid i n full. No waiver by Seller of any default shall be effective unleas in writing nor operate ae s waiver o! any other ~d t 8 t r r~t~ e same detault on a future occasion. Seller ie suthorized to Sll in anY blank spacea herein and to date this agreem PP P Y• _~i? righta of Seller hereunder shall inure to the bene5t of the heirs, executors. admin?strators, successors and easigna o! Seller; and sU . obligations of Purchaser ahall ~bind the heirs, e~cecut~rs, administrators, succesaors and assigns of Purcheser. If there be more than or,e Purchsaer, their obligaUons hereunder ahall be joint and several. This Agreement shall be deemed to be binding on the Puccheser upon a~xing his or its signature but shail not become a completed contract until signed also by the Seller. Thia Agreement ahall be ~_~~nstrued accordln8 to the law of the State of Ohio. 15. It ie understood and agreed that this instrument and ~e pments at the o~ce f theenamed a9signee an,d Purct?a~e~r~aclrnowl- t'gon notice. o! such assignment, Purchaser agrees io make all PaY ~~haser hereby agrees that such essi8nment stiall be free ot ~,~1Res that Seller is not an egA1t ~f such assignee !or any purpoae- ar.~• and all defensee which Purcha~er may have against Seller and Purchaser agrees to settle all claims against SeAer directly with Setter and not to eet up any such claim in any action braught by assignee. 16. Thia Securtty Agreement contains the entire agreement between the partiea, and no oral agreement shall be binding. ASSIdNMLN'~,~r D Wa~ ANTY ~ ~ ~ ~~`'~i°i~`~ ~ami~~s,4~r~~~n~k~~r~~b., tta r~ For value received, the underaigned does hereby eell, essign, er, se ove ~ =~:ccessors and assigns, all of its right, tltle and interest in and to the within securfty agreement, the amounts due and to become due ? thereunder and to ihe Collateral therein described, hereby granting full power to the said assignee, eiWer in the assignee'a own name or ~ :T_ the name ot the undersigned, to take all such legal or other proceed?ngs as the undersigned might have taken except for this asaignment. The underaigned warrants that the within instrument and the note secured thereby are genuine and in all respecta what they pur- ; ~rt to be• that all atatements contained therein are true; that the within security interest ia the flrst and best lien upon the Collate ~i>scribed therein; that there are no-defense9. counterclaims, or set=oH's thereto that all partie~ to the foregoing instrument have ca- :~~city to contract, and that the u~ideialgr?ed has no knowledge of-any facts which impair the validity or value of either the said note' ~'g or the within security • The undersigned ~~~d note and security agre ~~tnent arise out of a bona flde sale made in compliance with the law i rom the undersign ~1?amed in the agreement fo he amount themin, We Collateral described therein has been ac- ~ ~-epted by the PurcJl~~t~,~~' ~~id a eme t haseb~rc eceived and%or hat Lhe allowanee giv n~ f rt the t ade-in~i=s in ~z;ent. and that tha t 1P ~ ST . . ~ the amount st1~ ~ ~ 4 " ~ ~ ta te of C'ir~' ~ 3ir5:` ~ w~~~ Dated ttus .__.31S.t '....Day oc._:Dec'ember.-.. lgl-~{. . ~ ;~~mty o u.~'~= Ebco_.l~taAufactu~>~ C~arrY.... . - - . . ~ ; - . > ' ' i9 . _ . ~ ~~is Day , ~ - ~~v~ • . ~ , ~ ~ , . y.... / ~ ~ . • , , B _ ~ ` ~T;~;~, T:~. Benua~..V~.P. ~ ~ ~ ~ <<r n ~ ~~~4 ! ~O ~'y l.l 1C /~i s~i j E~~~l ~~~'t': ? : ` ~ ~ ~ . . - ~ _ , s. .