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HomeMy WebLinkAbout1780 J . i.i~~.i I . DEPENDABLE ACCEPTANCE CO. ~ 1919 AUG 30 PN 2~ 42 so: tstso Cowrws. ONIO. ~S21S ll ~p p STS I Cp01 R%1 A. CLERK CIRCl1R T RECORD VERIt: tELt 456928 Purcas.e ~esh.e waesaut, atad eo~.r.ana: • 8. The statements and , representatlons made by the Purchaser hae+sin sad sigasd b7' Purchassr are true. Purchaser wfri tmma- diately notify Seller or assignee is writing of any change in or discontinuance of Purchaser's place o! reaideace or place or places o1 business whichever is or are set forth in said statement. 7. No Saancing atatenicat covering the Collateral V on nle in any pubIIe office. and at request fit 'Seller, Purchaser wql join wiw Seller in executing one or more financing statements pursuant to the Uniform Commercial Code, in form satisfactory to Seller and will pay the coat of Sling the. same in aU public offices wherever filing is deemed necessary or desirable by BeIIer. 8. Purchaser wW not sell or oiler to seA or otherwise transfer or encumber the Collateral or any interest therein without written consent of Seller; will keep the Collateral in good order and repair and will not "waste or destroy the CollaterlL _ r upon examuza ion. e e as represen y er as ac wledgea acceptance and delivery thereof complete with attachments and equipment in good conditbn and repair. Seller may examine and inspect the Collateral at any time, wherever located. 10. Seller may correct patent errors herein and in the note. 11. Any mtlce to Purchaser shaII be su®ciently given when mailed to Purchaser's address stated above. 12 Purchaser will keep the Collateral insured at aU times against loss by lire and/or other hasarda ooacerning which, in the judgment of the SeIIer, .insurance protection is reasonably necessary, is s company or companies satisfactory to the Seller sad in amounts su®cient to protect Seller against loss or damage to said Collateral. that such policy or poltcles of insurance will be delivered to the Seller, together vnith loss payable clauses in favor of the Seller as its interest m~sy appear, in form sstlsiactory to the Seller. 13. Upon the happening of say of the following events or conditions, namely: (I) default in the payment or performance of say of the Obligations or o! any covenant or liability rnntsined or referred to herein or in any note evldarcing any of the Obligations; (II> any warranty, repraeatation or statement made or furnished to Seller by or on behalf of Purchaser is connection with this agree- - ment or to induce Seller to make a loan to Purchaser proving to have bear false jn any matesW respect when made or furNahed; (III) ions, theft, substantial damage. destruction, sale or encumbrance to or of any of the Collateral, or the o! an I attachment thereof or thereon; (IV) death, dissolution, termination of ezlatence, insol ~B Y seizure or of any part of the property of, assignment for the benefit of creditors by, or the oommeaewn anl~ ~~t~inde~aaa baak~ Y Pi"ce~8 Y ruptcy or insolvency laws by or against. Purchaser or any guarantor or surety for Purchaser; thereupon, or at say time thereafter (such default not having previously been cured); (V) or if Seller dcems itself iiuecured, Seller sit it option may declare all of the Obligations to be immediately due and payable and shaA then have the remed[es o! a seller under t11e law, Wduding, without Ihaita- i tion thereto. the sight to take possesdon of the Collateral, and for that purpose Seller may. so far as Purchaser can give authority ~ therefor. enter upon any premises on which the Collateral or say part thereof may be situated and remove the same therefrom. Seller ~f may require Purchaser- to make the Collateral available to Seller at a place to be designated by Seller which t reasonably convenient to both parties. Seller will give Purchaser at least five dayd prior written notice of the time and place of aqq public sale thereof or of the time after which any private sale or any other intended dlapositloa thereof is to be made, and at any such public or private sale Seller may put+clsase the Collateral. 14. This agreement and the security interest in the Collateral created hereby shall terminate when the Obligations have been paid in full. No waiver by $eller of any default shall be effective unless in writing nor operate as a waiver Of any other default or Of the same default on a future occasion. SeIIer is authorized to 1W in any blank spaces herein and to date this ag:+eeraart apP~R Ali right of Seller hereunder shall inure to the benefit of the heirs. executors, administrators, successors and assigns of Seller; and all obligations of Purchaser ahaU bind the heirs, executors, administrators, successors and assigns of Purchaser. If there be more than one Purchaser, their obligations hereunder shall be joint and several This Agreement shall be deemed to be binding on the Purchuer upon ataziag his or its signature but shall not become a completed contract unW signed also by the Seller. This Agreement shall be construed according to the law of the State of Ohio. 15. It is understood sad agreed that this instrument and the promissory note executed herewith may be assigned to a third patty. L'pon notice of such assignn?art, Purchaser agrees to make all payments at the office of the named assignee and Purchaser aclmowl- edges that Seller is not an agent of such assignee for any purpose. P1~rchaser hereby agrees that such ant shall be free of any and all defenses which Purchaser may have against Seller and Purchaser agrees to settle aU claims e~,~t Seller directly with Seller and not to set up say such claim in any action brought by assignee. 16. This Security Agreement contains the entire agreement between the parties, and no oral agreement shall be binding. I For value received. the undersigned does hereb~sellb~ - n. Qaaafe%- andv~Oritb ?SLP~I~ ACCEPTANCE CO., its , successors and assigns, all of its fight. title and interest in and to the within security agreement, We amounts due and to become due thereunder and to the Collateral therein described. hereby granting full power to the said assignee, either is the assignee's own name or i in the name of the undersigned, to take aII such legal or other proceedings as the undersigned might have taken except for this aasignmart. t The undersigned wasraats"that-the within instrument and the note secured thereby are genuine and in all respect what they pur- j port to be• that all statdmerlts Qontsdnet! !herein are true; that the within security interest V the first and beat lien upon the Collateral ~ described therein; that these are no defenses; oounterciaims, or set-oiYs thereto that all parties to the foregoing instrument have ca- pacity to contract, and t'fiat tbs madsrslgned;haa no knowledge of any facts which impair the validity or value of dther the said note or the within seci?rtfy n4 , The ec} -t1u said .no and security agreement arise out of d bona fide sale made N compliance witlifhe law from thepi~ingne~2~tba' named in the agreement for the amount therein. the Collateral described therein has been ac- ce fed b the.>~tte+g4Rse~,thtt d4win payment was made by the Purchaser !n cash, unless otherwise specifically stated in the the ~ :~ypnls(t,t ~cated'ir~ said agreement has been, received and/or that We allowance given for the trade-in~ceLt t a~ee~In - - S to taro ~ ~ - ~ - ; : ~ D - - . - ..Day oi........._..., 19...... - Counter. . - ~ • a . ~ o l~ufac- ring Compainy--~ This J ` . 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