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HomeMy WebLinkAbout1598 ~ b~,"3 S ~1~~-s-~ ~ AOOITIONAI TERMS ANO (ONOIiIONS i l ASSIGNMENT •~•'t •Fe riBht to declare sll omoasts dw er h hecetee dw bere- The original Seller may ass~go this contrad and his assigaw , - :mmediotely dw sad payable sad SeYer sboY hove eN fbe oc uirs ell of hts interest in this contrad sad thrt Property pad t _ ~ ~ •medtes of a Secured Parry order the Uniforw (anaternat ! V ~ the right to repesssss the Property wbawar the sane , be entitled to aN the ri hts and privileges d Seller Mreesrer. ~ . r• J with ffN right Of entry, eAd to ncotdttae ofd s+ll Ibi Buyer receives -notice o~ say such assigtrtteM, Buyer shoo make ~-i•-. f ~ r- ~ .tc or privets sole. Upoe re wu Buyer shell deliver tM aYYments hereunder directly to the holder hereof and the on • ~ - ; ~eller shaA tat be the agent of the fielder for trattsptasies of yeller et a place designated , y feller. S~IIer shell bwe. ; ments~or otherwise. Buyer shall not trortsfar or otherwise dispose ' reteia oN peytt»nts merle prta to repossessan sad Bu~rw~ any interest in this contract or the Property. • • • , - liable for any deficiency. Airy personalty rn or attached arty when repossessed may ba held by Seller without 1 k USE OF PROPERTY - NO WARRANTIES , ~ ~ i--~ Buyer shall be deemed to bare waived say claim tharete . Buyer shall keep the Property tree from ell encumbrances, and e - o demand by certified mail a made upon Seller, within amount that may be paid by Salter in release or discharge thereof sh ; ' ~ ' ~ er rayouaszron. Buyer agrees to pay reasonoWe attor• _ be pond Ry Buyer to Seller forthwith upoa demand with interest et ti ~ ; ~ 596 d permitted by low) attd other ezpeases incurred by i highest lawful contrad rote. Boyar shall not use the Property illegal' - felting collection, repossession or resole hereunder. rmproparl~~rr or for hire and shoN not remove the Property from the tour ` : lies hereunder are in additioa to any gives by law and of his residence without tM written permissioa of Seller. Me represaa ...reed successively or coacurreatty. Notrar by Sfllar of } atiow, pjotsise~er wsrran , ex ass or inspliad, has been mode r default shall not be deemed a waiver of any other defnelt. with respect h the nter~tlitr, witabili w fitness ~ • purpose of the Preperry er etberwtse udess tTta soma is I dorssd horse,!s~ is~t~wrfirtg K is ceietained in o separate ttrra ~ named, ezterisioa or ttssigsotent of this asfred el osy inslrtrlnetd aiNnad by the erigitsol Seller. tayN wrU setNe dire ~ : =order, and tq loss, damage or destradien d er to the with t`e origi Seller ell doims coacerriirg the rroperryr or its tnc _ zN release Borer frost his oblpotioss larsaader. ilus operation. - fiMes tM mnhn o rmeoeot bmhrmes Iba porhas nrd w - 14. T)EFAULT hereof shell be rod is any weal, end ftuyer azprassly eight to rely thereon, ealess wade in writing by ; Time is of the essence of this corttrod. Is the went layer dale ' ~ • ~ ~ ~ • provision of this contrad prohibited by spplrco~le law many payment, or folk to comply with any of the prortsions her. ~ ~efive to the ezteat of such probibitios without iwdida- or o proceeding m bnnkruptry, receivership or iasohreary, shah .Nr prerisioa of this centred. This anhmd sbnll M instituted by- or against Buyer or his property, or Seller deems ~ - the laws of the state is which the origiosl Seller a ~ Property in danger of misuse or coafiscetioa, or Seller others i •wa on the face of this contnct_ { reasonably deems the udebtedaess or the Property insecure, St ~ i - ~ " ~t and unconditional t ormance and ells- ! Fcr Lalue Received, each of the undersigned guarantors, jointly and see - PaYR1en • P~ rge of all Buyer's obligations under the within contrad and coverwn ~ ~ 'ti Q ~ n any of said obligations thereunder, to pay upon dertwnd ~ thr full amount remaining unpaid thereunder together with o reasonable f - ~ • o • .aunt flyers due. or rf prohibited, the amount permitted by law if placed with on attorney for collection. The 1'gbility of utrdersignt f ~ - extension, renevrol of other dlongs in the time of paymenb.. t ~f •he said contrad, or any thongs in the manner, place or terms of 3 o , (r'., ~tlement a compromise of or with any party liable for theme yment thereof, or the release or non-perfection of any security the~e~ ' ~ ~ - ' ~ tiin contrad shall not be bound fo exhaust its recourse.x c~:ruinst ~r ar any other person or only security the hdder may at an~r ~ ~ 4 rd to payment from the undersigned hereursder. Each of ~ undersigned guarantors hereby wanes notice of the acceptance of s ~--r _ ant, demand and Protest and notices of non-payment and d:a~~anor, and any other demands and notices required br low, and w. _ .'i ^ _ rims. The obligation of each of the undersigned gvaron- to: < hereurrcler shell be in addition to any other obligotton that such . _ .c ~ ,act to the within control. Jae ~'V.. - y a ~ s Guarantor- ~ ~ - - - - m ; tics _ F 14 GUarantar - • Seller named on the face of this contract sells, assigns and transfers - ,ti` (hereinafter tolled "Ford Credit's his, its or their entire title and interest in acrd to the within contract and the Property elf ' .i ~ ;and Credit to do every act and thing necessary to collect :~.d discharge obligations arising out of or incident to said contract on m v _ ~ .e Ford Credit to accept ossrgnment of the contract, the ~•:'.er warrants that: the contract, and guaranty if any, ore genuine, le o ~ ' , prose from the sale of said Property; sold Property is os ~ :.resented to the Buyer named therein who was quoted both o time pr ~ ~a' _ ~ within contract was complete in ell respects and Seller mode all disclosures required by bw prior to the execution thereof by - ~ has capacity to contract and paid tfie down payment i <~c:r•~d in the contract with his own funds; ell statements made by or or f=~=- ' •ed to Ford Credit by the Seller are True to the best of the € :-;!er's knowledge and belief, and the Seller has no knowledge of anX t • • •:ity or value of the contract; title to sold Property is vested t~~c Seller free of ell liens and encumbrances and the Seller has then ' - • sorry breach of any of the foregoing warranties, without gard to the Seller's knowledge or bck of knowled a with respect th ~ ~ b .hereon. the Seller hereby o rees unconditionally to pur- ,Se said contrad from Ford Credit, upon demondgfor the full omou ~ ,tie ~ ~ntroct •holl then be, or note, in defauh. Seller further ~ c; rees that in event Buyer or oar other person makes o claim agomst ~ ~ ° ~ ' if true, would constitute o breach of any of the foregoing warranties, Seller shell assume the defense of such cbim and shall inc ~ o~ ~ A •rmkss from all loss, cost and expenses ansing therefrom. E L. acidifiers, the Seller guaranties payment of the full omourrf remoinin ~ y _ saw _ ,d covenants if default be mode in any payment coming 1, die thereunder to pay the full amount ttren unpaid to Ford Credit, up ' _ a provided by the terms of the Ford Motor Credit ComporrY i° F,.+a~l Plon in effect at the time this ossrgnment is accepted. The liabil - ~ " cted by any extension, renewal or other change in the time _ _ - • i • - ~ :he release, settlement or co remise of or with any party i o' c;oyment of the said contract, or any change in the manner, pbce _ rnP i able for payment thereof or ttre release or tsor?-perfection of any se ~ _ _ . ~ ~ e '+all not be bound to extwvst its recourse against the tkryer any other Person or any secwity Ford Credit may of any time her' ~ . - ,ti ant from the Seller hereunder. The Seller worves notice of the acceptance of this assignment and notices of non-payment and ~ ~ =Q. ~ ~ ~ and any other notices required by bw and waives aN ,erofis and counter cbims. This assignment sholt.became effective ur s - r - .d to Ford Credit or upon Ford Credit's payment of tM p;;rchase price therefor whichever first occurs. _ .m o F ^ ~ -~a' =s a a z ~C a - ~I ~ - . C _ 43t~E~~B ft /J r • r4 _ 1 ~~~~~~3U1?~~~,=1593 ~