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Home My WebLink About0122 ~3.f ~e I/3 NN ay ADDITIONAL TEtGIS AND (ONOITIONS L~ o co 4.. ~-:C 3~ 9.~- ~ 1]. ASSIGNMENT shall hove the right to declare all amounts due or to become dta here- TM original Seller may as~gn this contract end his assignee shall under to be immediately due and payable and Seller shah lave eft the acquire ad of his interest is this contract and the Property and shall rights and remedies of o Secured Party under tM Uatorm (ommorcid bo entitMd to all rho ri hts and privileges of Seller hereunder. After (ado, including the right to repossess the Property wherever the some Buyer receives notice o~ or~? sech~ assignment, Buyer shall make all may bo found with free right of entry, and to recondttton and seN tM poymoats horwnder direcNy to the hofder hereof and rho original some at public or private sole. Upon ~e oast Buyer shill deliver the Boller sboN not be the agent of the holder for transmission of pay- Property to SeNer at a place designated ~r feller. Seller shill have moots or otherwise. Bayer shall not transfer or otherwise dispose of the right to retain aN payments mode poor to repossession and tuu~yot~ aey interest in this control or the Property. shall remain liable for nay deficiency. Any personalty to or ottocbod 18. USE OF PROPERTY - NO WAtGNTIES to IM Property when repossessed may M held by Seller withoef liability and Buyer shall be deemed to have waived or~r claim thtroto Buyer shah keep the Property free from all encumbrances, and any unless written demand by certified moil is made upon Seller within amount that may be pad by Seller in release or discharge thereof shall 29 hours otter repossession. Bu er agrees to pay reasonable attor- 6e ppoondd by toyer to Seller forthwith upon demand with interest at the nonre' fees (IS% if permitted by ~iw) and other expenses incurred by higMst bwful control rata. Buyer shall rat use the Property illegally, SeOer in effecting collection, repossession or resale hereunder. asproperlrr or for hire and shill not remove the Property from the county Seller's remedies hereunder are in addition to a 8iven by low aril of his rasidetxe without the written permission of Seller. No represent- may 6s enforced successively or concurrently. Wotver by Sellor of anon, promise or warrant~yy, expprress or implied, has been made any default shill not be deemed o waiver of any other default. with rasped to the merchoabbilitr, suitability or fitness for 10. GENERAL purpose of.tla Propetrty or otherwtu unless the same is en- dorsed hereon in writing or is contained in a separate written No transfer, renewal, extension or assignment of this control or any itutrttraent s~ned by the original Seller. Buyer will settle directly interest hereunder, and no loss, damage or destruction of or to the with the origino Seller all claims concerning the Property or its use or Property, shoN release Bulrer from his obligotrons hereunder. This operation. control constitutes the enure o~reement between the ppamiss and ra 19. DEFAULT modification hereof shah be va d in any every, and Eeyer ozpressly Tune is of the essence of this control. In the event Buyer defaults waives the right to rely thereon, unless mode in writing signed by in on meat, or fails to cam with a of the rovisiorts hereof, SeNsr. Any provision of this contract prohibited by applicable law or a prayeeding in bsnktuptcy~~eceivership ur insolvency, shall be shah be ineffective to the extent of such prohibition withoat rnvalida- institoted by or against Buyer or his property, or Seller deems the ring am? other provision of this contract. This control shall be Props to danger of misuse er conttscation, or Seller otherwise governed by the laws of the state in rhich the original Seller a reosonmaWy deems the indebtedness or the Property insecure, Seller geared as shown on the face of this contract. • GUARANTY For Value Received, each of itte underi~gned guarantors, jointly and severally, guaranties the promps and unconditional payment, performance and dis- chorge of all Buyer's obligations under the within contrail and covertonh that in the event of default in any of said obligations thereunder, to pay upon demand the full amount rernarmrtg unpaid thereunder together with a reasonable attorney's fee (1 S% of the amount then due, or if prohibited, the amount permitted by law) if placed with an attorney for collection. The liability of undersfgned shall not be offeded by any extension, renewal or other dwnge in the tune of payment of the said contrail, tx any change in the n - • ~hce a terms of payment thereof, or the release, settlement or compromise of or with any party liable for the payment thereof, or the release or rtort-pe _ 'tom ~Mreunder. The fwlder of the within contract shall not be bound to exfwust its recourse . agotttst Buyer or any outer person or attlr s' r~ - ~ ~•p before being entitled to ppaayment from the undersigned hereunder. Each of the undersigned guorontors hereby water ~ ' i ~ ~ - r- ' ' " rrsentmerr ~ ~t~~rrtnd and arotest and notices of non-payment and dtsltortor, and arty outer demands and n< - ' , } ~ tf each of the undersigned gtaran- tors hereunder shall be in addition to a r~.- l _a , r~ ~ .trod. nrBO> 6 • --j ar Guorontor ~ _ = Y tl ' ~p6,~`` fl _ ~ v +~M Oaf. •8 7y~ _ ~ TV Guarantor r - _ s'~ _ ~i f3M-6~0, fl 7"~ - a r .='i 6•__-_ . • .t -f ~Aj Gam • , r e •~J r The Seller named on the face of this contract sells, assigns and transfers to ford Motor...... any ;nere.~.,..._ ' "Ford Credit"j his, its or their entire right, title and interest in and to the within contract and the Property described tfierein and authorizes Ford Credit to do every act and thing necessary to tolled and discharge•obligotions arising out of or incident to said contract and assignment. In order fo induce Ford Credit to accept assignment of the contract, the ~'i Selllf worranh that: trio contract, and guaranty if any, ore genuine. Legally valid and enforceable and arose from the pole cf said Property; said Property is os represeMedtdtheBuyer named therein who was quoted both a time price and a lesser cash price; the withi.• contract ,wet complete in all respects and Seller mode all disclosures required by law prior to the execution thereof by Buyer; the Buyer is not a minor, hay tenacity to contract and paid the down payment j stated fn the tlpntro~t with- his own funds; all statements mode by or on behalf of the Buyer and fur~ish~d to Fcrd Credit br the Se{Icr are true to tf~~• best of the I Seller's knowledge and, bglief, and the Seller has no knowledge of any fact that would impair the untidily er v7h_•. of the cGntr~ct; ?itfe to sold Property is vested ~ in the Seller free of afi bens find encumbrbnc'YS and the Seller has the right to assign sold title. If there is any brooch of any of the foregoing warranties. without regard fo the Seller's knowfdge or h7tR b~ linbwledge with resprct thereto or. ford Credit's rehor.ce ther4o~. the Seller hereby agrees unconditionally to pur- chase said contrail from Ford Credit, upon demand, for the full omoum then unpaid whetner void ccntroc' shall rF.en be, cr not be, in default. Seller further agrees that in event Buyer or any other person makes o claim agmnst ford Credrt allcginq foots which, if true, M•ou+d roe allots o breath of any of the foregoing I warranties, Seller shall assume the defense of such claim and shall indemnify and cove ford Credit hara,lc;s f~c~- a~! !o~,, cost and expenses arising therefrom. I In addition, the Seller guaranties payment of the full amount remaining unpaid under said contract and rovena~t=. i4 defo~l! bc• made rn any payment coming due thereunder to pay the full amount then unpaid to Ford Credit, upon demand, except os otherwise pro+ided by the terms of the Ford Motor Credit Company Retail Plan in effect of the time this assignment is accepted. The liability of the Seller shall not be affected by any extension, renewal or other change in the time ofpoymentof the said contract, or any change in the manner, place or terms of payment thereof, or the release, settlement or compromise of or w~1h any party liable for payment thereof or the release or non-perfection of any security thereunder. Ford Credit shalt not be bound to exhaust its recourse against the Buyer or any other person or any security ford Credit may at any time have before being entitled to payment from the Seller hereunder. The Seller waives notice of theacceptatxe of this assignment pod notfces of non-payment and non-performance of the contract and any other notices required by low and waives all setoffs and counter doims. This assignment shall become effective upon delivery of the within contract to Fo?d Credrt or upon ford Credit's payment of the purchase price therefor whichever first occurs. a9a0 MRn 73 44~S48y fl ~ . n,. , trr.;c Zr . F=i ~ $ :32n P~~~ 122