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HomeMy WebLinkAbout0169 ADDITIONAL 11BMS ANO tON01T10NS ~ i f 1), ASSIGNMENT shall have the right to declare oU amounts dw or b become dw ~~rt- Tbe origiwl Seller may a~ this contract turd his assignee shall under to be immtdiately dw and payable sail Solver sboN have aN the 5 acqutra aN of his interest in this contrail and the Property and shall rights and remedies of a Secured Party alder tbo Usiforut CtwraHSOrt~d be etttit{od to aN the nghts pail privileges of Seller hereunder. After tole, including the right to repossess the Property wherever the soma Bayer receive notice of arty sash rossiytment, Buyer shall make all ~y ba found with free right of odry, and to rocoaditan attd soN tbt p~me0ts hereunder directly to tM heldor horeof aril the original same at public K private sso. Upon r hest Buyer sho(I deGrar the SoBer shall wt bo the agent of the holder for tratatnasion of pay- Properrttyy to SeDer at a place designotad~r feller. Seller shill hero mtats or otherwise. Buyer shat not transfer or otherwise dispose of the nght to retain all payments mode prior to repossession sail B er arty i0tere~ fa this contract or the Property. shall remoirt liable for arty daficiettry. Any personalty in or attached 18. USE OF PtOPEtT1- NO WAItRAN11ES to the Property when repossessed- may be held by Seller without liability and Btryer shall be deemed to have wttired-any claim thereto Buyer shall keop tM Property free from all encumbrances, and a udess written demard by certified moil is mode span Seller within ttmoutd that may be paid by Seller to release or discharge thereof shall 29 hours after repossession. Buyer agrees to pay reasotable attar- be by Buyer to SeNer forthwith upon demand with interest of the nays' fees {1596 if permitted by law) and other expenses irrcarred br t` hig lawful contrail rote. Bayer shall not use the Property illegally, Seller in effecting collection, repossession or resale hereutder. improperly or ter hire and shop oat restore the Property from the county Seller s remedies hereunder are in addition too -8irsn by law aril { of his reessiiddwte wttboat the written permission d letter. No represent- may be erdorced successively or concurrently. Waiver by Seller of alien, proviso or wawattt~, exp~rress or ivplied, has bean made ~ any default shall not be deemed a waiver of any other default. wilt rospedt to die vercltott~tobil' , suitabil'rt~ or fitness for 20. GENERAL ~arpaso of the Prep~rty er otbgrwiso aaless the save-is ea- darsad hereon in wasting or is coaioiwd in n separate written No transfer, renewal, extension or assignment of this cotdroil of arty itahtiittatt by the original Seller. Bu er wtU settle dKectly interest hereuoder, oed ao loss daatoge or dastruilion of or to the with tM origi . Sailer all ddims concerning the Property or its use or Property, shall release Buyer from his gbligohons hereurder. This operotioe: - - contras constitutes the entire agreement behreen the ~pparties and w 19. DEFAULT modification hereof shall 6e rat's in any event, aril Mayer expressly Time is of the essence of this contract- In the event Buyer defaults waives the right to rely thereon, unless made m writirtg siQnail by in a meat, or fails to cam with a of the ovistons hereof, Seller. Aay provision of this coMrect prohibited by .applicable law , r7 Pey Ply nl! P< shall be ineffective to the extent of such prohibition without tmsida or a proceeding in bankruptcy, receivership or insolvency, shall be ling any other provision of the contras. This contras shill be institute/ 1y or agotitst Bayer or his property, or Seller deems the ggorertted by the laws of the store in which the origins Salver is Pr to danger of mtwse or cardtuation, or Seller otherwise located as shown on the face of this coMroct. reoso_ -basely deems the indebtedness or the Propesy insecure, Seller ~ ^-UARANTY ~ for Value Received, each of the undersigned gstarantors, jointl• .y ~ e prompt and unconditional payment, performance and die- charge of all Buyer's obligations under the within contras and ' %y ' default in any of said obligations thereunder, to pay upon demand the full ortavnf remaining unpaid thereunder together with a re b - ` o • of the amount then due, or if prohibited, the amount permitted by j law) if placed with on attorney for cdledion. The liability of a. ~ a xr ' °-~+~an. renewal or other change in the time of poymeM of the said oxntraet, or any change in the rrtonrter, place or ter- s o, R • se of or wiM onY party liablo for the paymatt thereof, or the release even-perfection of any seta. z ' s~ca, ,F _ ' be bound to exhaust ih recourse ogairtst ti{e~q?o~ f•syetherpttrson orany sacwihr~ holder rrN ie,r ° ~ he undersigned hereunder. Each of the u~ ~.ed_guarontots Iteret~r tivbive! nottt:! b'f the- accts....: '.f . test and notices of ran-payment and dtshorto?;iAid'ony otlt~r rlsrnattds and rtolkes iequired by la - - • ~ • a r of each of the undersigned guaratr tors ltsrevtitd4r slap be in addition to any other obligohon - - rntract. ;ti - > - 6~ o i 40 • a Guarantor E D r - ~ - - - - - ~ _ - - ~ o _ The Seller tamfd on the face of this contract sells, assigns m ii o • ^d: ~ ~ "Ford Credit"} his, its or their entire - rigM,title and ?Merest in and to the within contract and the a s>: .d authorizes Nord lr~•w..rr very ad and thing necessary to collect - a,,ddischarge obligations arising out of or incident to solo z e ~ ~a: order to induce ford Credit to accept assignment of tfie contract, the Seller warroMs fhoh the contras, and gttoronty if any arq _ :S° ' '.forceable and arose from m. ;we of said Property; said Property is as reprttseMed to the t3uyer named therein who was quoted hf ash price: the within contract vas complete in all respects and SeF!er • mode all distbsvres required by law prior to the executwn tfiFlf:6: y ~t.r , , . - •S not a minor, tips copodty to contract and paid the down payment stated in the eonfros with his own funds; all statements mode by or on behaB of the Buyer or•d furnished t~~ Ford Cr.,dit by the Selicr ore true to the best of the Sellers knowledge and belief, and the Seller has no knowledge of any fact That would impair the validity ar valve cf the contract; title to said Property is vested in the Seller free of oft liens and encumbrances sad the Seller has the right to assign said title. If there is any brooch of any of the foregoing warranties, without ? regard fo the Sellers knowledge or lock of knowledge with respect thereto or- ford Credd's re6once rhereo^. +hc Seller he.eby agrees unconditianoily to par- chase sold contras from Ford Credit, upon demand, for the fu1~ amount then unpaid whether <aid cont.cc• shall then bc•, or not be, in default- Seller further o9rees that in evtM Buyer or orry other person makes a claim agomst ford Credrf alleging Facts which, if tree, would con,titute a breach of any of the foregoing warranties, Seller shall assume the defense of such claim and shall indemnify and save Ford Credit f,anrless fron. al! loss, .cost and expenses prising therefrom. In additan, the Seller guaranties payment of the full amount remaining unpord under sold contract and co+enants ;F de(gclt be made m any payment coming due thereunder to pay the full amount then unpaid to ford Credit, upon demand, except as otherwise provided by the terms of the ford hector Credit Company RetailPlon in effes at tote time this assignment is accepted- The liability of the Seller she!{ not be alfe<ted by any extension, renewal or other change in the time Of nt of the sold contras, or any change in the manner, place or terms of payment (hereof, or the release, settlement or compromise of or with any party b for payment thereof or the release or tan-perfection of any security thereunder- Ford Credit shall not be bound to exhaust its recourse against the Buyer orarq other person or olt~r security Ford Credit may at any time hove before being entitled to payment from the Setter hereunder- The Seller wolves notice of thaatceptance of this assigntnenf and notices of non-payment and non-performance of ?he contract and any other notices required by bw and waives all t. trotofff and counter t9aims. This ossignmeM shall become effective upon delivery of the within contract to ford Credit o+ upon Ford Crest's payment of the partcltose price therefor whichever ftnt occurs. y ~ iU,~ -1 AIM it=• ~ ~ r- * - - .900 ,?rtat rt td6E caaltr gg:~4Elt~cfr,