Loading...
HomeMy WebLinkAbout0770 . , , - . ~,:rc..sar turihe: r.~W~nta an~ cnvenanta: . 6. The statementa and representatlons made by the Parchaser ttere[n and signed by Purchaser are true. Purchaacr will lmme- diatety notify Seller or assignee in wrlUng of any change in or discontinuance of Putchaser's place of residence or place or ptaces of Dus~ness whichever is or are aet forth in said statemen~ - 7. No nnancing atatement covering the Callateral fs on flle in any public of6ce, and at request ot 3eller, Purchaaer will join with Seller in executing one or more 8nancing statements pursuant to the Uniform Commercial Code, in form satisfactory to Selier_and wiU pay the oost of filing the same in all public offices wherever 81ing ie deemed necessary or desirable by Seller. 8. Purchaser will not sell or oQer to sell or otherwiae transfer or encumber the (7oAateral or any in:tereat therein without written consent of 3elier; witl keep Lbe Collateral in good order and repair and w111 not waste or destroy the CoAateral. S. Purchaeer admlta, upon exemination, that the CoUateral ia as represented by Seller and acknowledgea acceptance and dellvery thereot complete with attacbmeata and equipment in good condition and repair. Seller may examine and 3~pg~tAtt~e~~oClOlaRtperd at any time, wherever iceated. ` ST. LUCIE CO~NTY Fl4 10. Seller may correct patenE errors herein and in the note. • R 0 G E R P O IT R~! S 11. Any notice to Purchaeer shall be su~cienUy given when maited to Purchaser'e address atated -aboveR~. ~~~r U~T CCU _ I - 12. Purchaser wiU keep the Oollateral insured at all times againat loss by flre and/or other hazards conceraing which. In the judgment ot the Seller, inaurance protection is reasonably necessary, in a company or oompaniee aatilt~Gt~~ep~ ~A'~~nd- in amounts su~Ment to protect Seller against loss or damage to said Collateral, t6at auch poticy or policIld~~' C~ detlvered to the Seller, together arith losa payable clauses in favor of the Seller as its interest may appear. in form tiafaKctory to the ~~er, o~ 13. Upon the happening of any o! the following e~ents or rnnditions, namely: (I) default in the p~ient'dr ~ejr(o~rmence"of anya of the Obllgations or of any oovenant or liability contained or referred to herein or in any note evidenctng any of the ObIigattons; + II ) any warranty, reprenentation or ststement made or furnished to Seller by or on behalf ot Purchaser in connection with thie ag~ree- n:ent or to induee Seller to make a loan to Purchaser proving to have been false in any matertal respect when made or furniahed; (III) loss, theft, eubstantial damage, desttuctton, sale or encumbrance to or of any oi the (;ollateral, or We malting of any levy. seizure or attachmeat theteof or thereon; (IV) death. d:ssolution, LerminaUon of exfstence, ineolvency, business failure, appoiniment of a receiver o.' any part of the'pmperty of. sasignment for the beneHt ot cteditora by. or the commencement of any pto~eeding under any bank- ruptcy or lnsolvency Isws by or agatnst, Parchaser or any guarantor or aurety tor Parchaber; thereupon, or at any_ time thereafter i such default not having prevtously been cured); (V) or if Seller deema iteelf inaecured. _ Seller at its opUon may declare all o! the ObiigaUons to be immediately due and payable and shall then have the remedies of s aeller under the law, including, without limita- tion thereto, the right to take possesaion of the Collateral, and for that purpose Seller may, so far as P~uchaser can give~ authority therefor. enter upon any premiaes on which the Collateral or any part thereof may be eituated and remove the same therefmm. SeIIer may require Purahaeer to make the Coilaterai available to 3eIIer at a place to be designated by Seller which 1s reasonably convenient to both parties. 3eller will give Purch~ser at least 8ve daya' prior -written notice of the time and place of any public sale Wereof or uf the time after which any prlvate aale or any other intended disposition thereof ia to be made, and at any auch public or private sale Setler may purchese the Collateral. 14. Thie agreement and the aecurity interest in the Collateral crested hereby ehall terminate when the Obligations have been pafd in full. No waiver by Seller of any default ahall be ettective unless in writing nor operate as a waiver of any other defeult or of We same default on a future occaaion. Seller i~ suthorized to 81t in any b2arek spacea herein and to date thls agreement spproprietely. All righLs oi Seller hereunder ahall inure to the beneflt ot the heira, executor9, administratora, successors and assigna of SeAer; and aL abligatione of Pureha~er shall bind the heira, executora, adminlatrators, suecessors and assigns of Purchaser. If there be more than one Purchaser. theIr obligationa hereunder shall be joint ar.d several. This Agreement ahall be deemed to be binding on the PurChaaer upon a~xing his or its signature but shall not beoome a completed oontract untll aigned also by the Seller. This Agreement ahall be construed acoording to the taw of the State of Ohio. ~ 15. It is underetood and agreed that this inatrument and the promissory note executed herewith may be assigned to a third party. L"pon notice ot such as9ignment, Purchaser agrees to make all paymenta at the office of the named assignee and Purchaser acknowl- edges that 3eller ia not an agent of auch aasignee for any purpose. Purchaser hereby agrees that such ssaignment shall be free of any and ali defensea which Purchaser may have against Seller and Purchaser agrees to aettle all claims againat Seller directly v?ith Selier and not to eet up any such claim in any action bmught by aesignee. . 16. This Security Agreement contains the entire agreement between the parties, and no oral agreement ahall be binding. ~ `'~i°~ ~X o u~us, Ohio 48213 E For value received, the underaigned doea hereby aell, assign, transter, and se over unto DEPENDABLE ACCEPTANCE CO., ita 9uccesaors and assigne, all oi it~ tight, title and interest in and to the within aecurlty agreement, the amounta due and to become due ehereunder and to the Collateral therein descHbed, hereby granting fult power to the saId assignee, either in the sssignee'a own name or ia the natne ot the underaigned, to Lake all such legal or other proceedings as the underaigned might have taken except for this assigarnent. The undersigned warranta that the within instrument and the note secured thereby are genuine and in all reapects what they pur- n~rt to be• that all statementa oontained therein are true: that the within secnrity intereat ie We Srst aad beat lien upon the Collateral ~lescribed therein; that there are no defenses, counterclaims, or set-ot~s thereto thai all partiea to the foregoing instrument have ca- paciiy to contrac~ and that the undersigned has no knowledge of any tacts which impair the validity or value of either the said note or the within eecurity agreement. 'I`he underalgned warrs~tts E~t~te aaid note and aecurity agreement arise out of a bona Sde sale made in compliance with the law from the underaigned to ttr~• ~ named in the agreement for the amount therein, the Collateral described therein has been ac- cepted by the Purcha~er,,~~,tht gayment was made by the Purchsaer in caeh, uNeas otherwise apeciHcaliy statea in the agree- ment, and that the Cas'h•„pl~rtYfe~y c~ted in aaid agreement has been received and/or that the allowance given for the trade-in is in the aa~ount i ' ~ ~ State o~~~~~ . . 17th Ma 78 . . . .._...........naY or.....----... y. _ 19...... <<t.,- . . Dateci this County o hco Manufa tu _ ~..Canpa Thi s / ~ Day p ~ < ~ ,~'g ~~:3. --F . . r . _ _ { ~ . . . . , . . , • sy . . ~ ~ ~ 8eiiu ~ . _ ~ ``•,~,~.~i~ t. e ~T~«., : P . a, ~^es . ~.r~±ary c E~u~ f~Gt ~ ~ ~ , - - - - - - - - - - . k - v,u-_ . % ~ ;r _ . ~3:~- e .