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Home My WebLink About0155 z ~ • Purchaser further warrants and covenants: 8. The statements and representations made by the Purchaser herein and ai~ned by Purchaser are true. Purchaser wUl imme- diately notify Seller or assignee is writing of any change in or discontinuance o[ Purchaser's place of residence or place or places of business whichever is or are set forth in said statement. T. No financing statement covering the Collateral is on file in any public office, and at request of Seller. Purchaser will join with Seller in executing one or more financing statements pursuant to the Uniform Commercial Code, in form satisfactory to Seller and will pa}• the cost of filing the same in all public offices wherever filing i, deemed necessary or desirable by Seller. 8. Purchaser will not sell or otter to sell or otherwise transfer or encumber the Collateral or any interest therein without written eo?isent of Seller; will keep the Collateral in good order and repair and will not waste or destroy the Collateral. 9. Purchaser admits, upon examination, that the Collateral is as represented by Seller and acknowledges acceptance and delivery thereof complete with attachments and equipment in good condition 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 notice to Purchaser ehaA be sufficiently given when mailed to Purchaser's address stated above. 12. Purchaser will keep the Collateral insured at all times against loss by ere and/or other hazards concerning which, 1r the judgment of the Seller, Insurance protection is reasonably necessary, fn a company or companies satisfactory to the Seller and in amounL9 sufficient to protect Seller against loss or damage to said Collateral, that such policy or policies of insurance will be delivered to the Seller, together with loss payable clauses in favor of the Seller as its interest may appear, in form satisfactory to the Seller. 13. Upon the happening of any of the following events or conditions, namely: (I) default 1n the payment or performance of any of the Obligations or of any covenant cr liability contained or referred to herein or in any note evidencing any of the Obligations; i II) any warranty, representation or statement made or furnished to Seller by or on behalf of Purchaser to connection with this agree= ment or to induce Seller to make a loan to Purchaser proving to have been false in any material respect when made or furnished; (III) loss, theft. substantial damage, destruction, sale or encumbrance to or of any of the Collateral, or the making of any levy. seizure or attachment thereof or thereon• (IV) death, dissolution, termination of existence, insolvency, business failure, appointment of a receiver of any part of the property of. assignment for the benefit of creditors by, or the commencement of any proceeding under any bank- ruptcy or insolvency laws by or against, Purchaser or any guarantor or surety for Purchaser; thereupon, or at any time thereafter isuch default not having previously been cured); (V) or if Seller deems itself insecured, Seller 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 Seller may, so far a, Purchaser can give authority therefor. enter upon any premises on which the Collateral or any part thereof may be actuated and remove the same therefrom. Seller may require Purchaser to make the Collateral available to Seller at a place to be designated by Seller which is reasonably convenient to both parties. Seller will give Purchaser at least flue days' prior written notice of the time and place of any public sale thereof or of the time after which any private sale or any other intended disposition thereof is to be made, and at any such public or private sale Seller may purchase 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 Seller 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. Seller is authorized to fill in any blank spaces herein and to date this agreement appropriately. X11 rights of Seller hereunder shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Seller; and all obligations of Purchaser shall 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 Purchaser upon affixing his or its signature but shall not become a completed contract until Signed also by the Seller. This Agreement shall be construed according to the law of the State o! Ohio. 15. It is understood and agreed that this instrument and the promissory note executed herewith may be assigned to a third party. i:pon notice of such assignment, Purchaser agrees to make all payments at the office of the named assignee and Purchaser acknowl- e~ges that Seller is not an agent of such assignee for any purpose. Purchaser hereby agrees that such assignment shall be free of any and all defenses which Purchaser may have against Seller and Purchaser agrees to settle all claims against Seller directly with 3t~ller and not to set up any 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. AS3If32Vfif~NT AND WARRpAN((~~TYR 1 ('p S Q~jp 432 3 ~ For value received, the undersigned does hereby sell. assign, transfer, and Ae't'o~e~ unto '1~~f*E1QD~~~7t~CEPI'ANCE1C0., its s~.ucessors and assigns, all of its right, title and interest in and to the within security agreement, the amounts due and to become due thereunder and to the Collateral therein described, hereby granting full power to the said assignee, either in the assignee's own name of ~ ir. the name of the undersigned, Lo take all such legal or other proceedings as the undersigned might have taken except for this assignment: The undersigned warrants that the within instrument and the note secured thereby are genuine and in all respects what they pur- I r,,rt to be• that all atatementa contained therein are to e, ,lat cne ~,.rithin security interest is the first and best lien upon the Collateral P described therein; that there are no defenses, counterclaims, or set-offs thereto that all parties to the foregoing instnunent have ca- l~acity to contract, and that the undersigned hes no knowledge of any facts which impair the validity or value of either the said note ~ or the within security agreement. The undersigned warrants that the said note and security agreement arise out of a bona fide sale made in compliance with the law rom the undersigned to the Purchaser named in the agreement for the amount therein, the Collateral described therein has been ac- cepted by the Purchaser, that the down payment was made by the Purchaser in cash, unless otherwise specifically stateo in the agree- : ment, and that the cash payment indicated in said agreement has been received and/or that the allowance given for the trade-in is in s the amount atipula~t in ~ agreement. STATE QF 4th ___...Day of....._Septelnber_.. 19___79 D fed this , COUP~TY OF ~bco Manufacturing Company THIS Y DAY O ,19 7 S • By tThtel ~Cr~~~r~--~ T.R. Benua, JR., Vice Pres. NOTARY PUBLIC DEPENnABLE ACCEPTANCE Cn. ' r '7: ~i5 L~~T -8 1:. 1 Boa 13150 Cozuweus. Onto. 43213 ROGER Pvl ~ Rh CLERK C::~CL%1""~ C:.:% 4b1'744 t;~~ - 318 ~.~F i55