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Home My WebLink About0126 S ~ t~ ~y~~~~~~~ AODITIONA'_ tEWS AND CONDITIONS C' o con., 3 ~ 9 ~2... Il. ASSIGNMENT - shill have tM right to declare all amouais due or to Mcome dw here- The original Seller mar assign this contract cad his assignee sMU under to be immedia!ely dw and payable and Seller shall Mve oN tM Kauire at of his interest in this contract and the Property and shall rights end remedies of a Secured Party under tM Uniform (omtnercid be entitled to all the hts cad privileges of Seger Mreunder. After (ode including tM right to reposseu tie Property wherevK tM Borne toyer rKeives notice ~ oar suck ossigrwrrpN, Buyer shall make all coot' ~ found with free right of entry, end to recoiditioa end sell tM pa~rments herwnder direcNr to the holder Mreof Bail tM origiad ~ ~ w Prn?ate Bile. Upon regwst toyer shill deliver Mre Seger shall not be tM agem of tM hoh1K for troasmission of pay- Prop~r~r o Serer at a plKe designated o1? feller. Seller shill heve menu or otherwise. Buyer sheN not transfer or otMrwhe depose of tM right to retain all payments,mode prior to repossession and t+ryK~ err iroerest in this contract or tM Property. shall remain liable for ear defiuenry. And personalty is or attochM 18. USE OF PtOPERTy - NO WAttANTIES to 1M hoperty wMn repossessed cosy be heW by Seller witMet IiabiGty nail toyer sMll 6e deemed to have waivad any claiar tMrete tuyK sbeN keep iM Property free from aN encambrances, and arrt~y adess written demand br certified mail is mode typos Shce` wiNda amount that mar bs geld by Seller in release or discharge thereof shall Z4 hwrs aNer repoues a. t e egress to par reosonsble atto~ be d br toyer to Seiler forthwith upon demand with irderest at the net's' fees (1596 'rf perm fled by taw) aril other axpeases irxurred br highest lawfd contract rate. layer shall not use the Property i8egdly, Seiler in effecting collection, repouessioa or resole Mreaader. anpr~ or for hire and shill rat remove iM Prope~y from tM county Sellers remedies hereunder are in addition to at~?~ given by law aai of his iesaence without the written permission of Seller: No represeah may be edorced successively or coacnrrentfy. Nloiver by SsIIK of otioa, proatise or worraat~, exprass er haplied, bas been atode any defauh shill rat be deemed a waiver of arty other defauh. with respect to the ttrercltatthrbili , ~stritobil' w fitness for ~ar~e of ibe Property or etberw~se ealess~ sear is en- 20.6ENEIUI dors~ hereon in vrritirg er is coa~toiaed is a separate written No transfer, renewal, extension or ossigameM of this comrad or any iastrwaeat>~aed by the origiaol Seller. t er wiN settle diredfy interest 4ereunder cad ao loss damage or destruction of er to the with tM origi Salley all claims concertdng tM Property or its ass or Pr~er~; shall rafeose Brryer t!rom Ids obligations hereurder. ThB operation. coalncf coostNntes tM enhn agreement between the porkies and w 19. DEfAUIT ~ modd'icatia hereof shah be valid in arty weld, and Nayer expressly Time a of the essence of this contract. In tM event t er defaufh wolves tM right to rely thereon, adess mode in writing .s''tggre~ed bey ~ Seller. A rovision of this contract robibited a~? rcaWe hrw in any payment, or faih to comply with ay of tM provisrroas hereof, ~ be ia%tfPeditre to tM extent of sachp ~ itbo~ invdido• or o prKesding in bankruptq, rKetversbip or ittsohsnry shill be probibifion w ut instituted by or against BarK or his properry?, or Seller teems the ling onr etMr provision of this contract. Tlds contract sMll be P in danger of miwse or cordiscation, or Seller otherwise versed tM taws of the state is which the otigind Seller is reaso deems the trdebtedness or the Property insecure, Seller as wa on the face of this contract. GUARAWf1f For Value Received, each of the undersigreed ~uarontors, jointly and severally, guaranties the pr pt and unoonditiona) payment, performoncs and disc charge of all Buyer's obligations under the wMhin contrail and covenants that In the event of defy min am?of said oblpationsthereunder, to the full amormt remommg unpaid thereunder togetlser with a reosonabk atlorrts~/s fee (15% of the amosrrtt Ilan due, or if prdu'bited the amour t ~ i law) 'rf placed with an attorney for mlletiion. tThhee liability of undenjigired staN not bsaffeded by any aocferuion, mnewol or otMr charge n tM t'mre~payrnst~iF of thesaid cartrad, crony dsm - • r • ~r~~hnr ~rbce or terms of payment theroof, or the release, settlement or o~+m-+romise of or with any port' liable for the PaY^~^t ar the relear - . T - L . wrnder. vM holder Of the within K-~ rwt be bound to exhOUSt its recourse ogairut Buyer or any other par. = ~ r} .tithe F. _ - . ' • i-r anti ' •s the undersigned hereunder. Each of the undersrgned guarantors M ~ i _ this a' ~ ~ s- i. .rotestand notiaes of non-payment and drrhorwr, and arty other demc~~Y - : . ~ ~ ~ -ra'n~ss ' ~ K .n of oath of the undersigned guaron ton hereunder shalt be in ad.~ . gtsorr E yes ontrail. o~eo 7 v idp ~ _ - ?7UawWnV~ Jb~bp~ ~ ~ i'b - ~ . v r, Guarantor t ` ant oo° ?6f onr ~M 6. - e r e s,~"1pO9?~ . r 111?s.a The Seller named on the face of this contract selh, assigns and transfers to Ford Motor Credo Company (ftereatofter coped "Ford Cred'r1") his, I!s or their entiro right, title aril interest in and to the within contract and the Property descrt~ed tltereiu and authorizes Ford Credit to do every ad and thing neoessory to tolled aril discharge obligations arising out of or incident to said aonhail and assigttraortt. to o-der fo induaa Ford Credit to t assignment of the eorstrail, the Seller warrant-. drat: the contrail, and guaranty if arty, are genu'ute, le$apy valid and enforceable and arose from the sole of said p~ope~y, sole! Property is as ~ represented to the Buyer named therein who was quoted Moth a time pros and a lesser Dash prices the within contract was complete in oq .respects and Seller E mods all disdowres rEquired by law prior to the exewtion thereof by Buyery ttre Buyer B not o nwsor has a~pacity to contrail and paid the down payment {{I stated in the contract v~nth his own funds; qll statements made by or on behalf of the Buyer and fumis~ted to Ford Credit by the Seller are true to the best of the s Sellers krwwledge aril belief, aril the Seller bas no knowledgesof air foci tf w! worAd impoe the volidify or value of the contrails title ro said Property is vestal a in the Seller fn3e of sill liens dnd enarntbrances aril the Seller ha the right to assign said title. If there is any breach of ar~y of the foregoing warranties, without t regard to the Sellers knowledge orbck of knowledge with respell thereto or. Ford Credit's relwnoa thereon. the Seller hereby agrees unconditionally to pur- l chase sod contrai? from Ford Credit, upon demand, for the fun amount then unpaid whether sold contract shall then be, or not be, in default. Seller further agrees that in evert Buyer or any other person makes a claim ogairtst ford Credit alleging foils winch, it true, would constitute a breach of any of the foregoing t warranties, Seller shall assume the defense of such doim and shall indemnify and save ford Credit harmless from all loss, cost aril expenses prising therefrom. In addition, the Seller guaranties paynserst of the full amount remaining unpokl under said contrail and eoverwMs if defouk be made in arty payment coming due thereunder to pay the full amount then unpaid to Ford Credit, upon demand, scoe~t as otherwise ptovkkd by the terms of the Ford Motor Credit Comparry Retail Plop in effect at the time this o~igrnnent is aooepted. The liability of the SeeUersliall no! be affected by arty extension, renewal or other change in the time of payment of the said contract, or any dsonge in the manner, pboe o? teems of thereof, or the release, settlement or axn~sromise of or with any party liable for payment thereof or the release or rtort-perfeilion of any security N'wrreut~. Ford Credit shall not be bound to exhaust its recourse against the Buyer . or arsy other person or ar~r security Ford Credit may of any time hors before behtp entitled fo payment from ibe Seller hereunder. The Seger waives notice of the acceptance of this assignment and notices of nonpayment and of the contract aril any other notia3s fired by law and wanes a8 setoffs and counter claims. This assigrrnent sitoU become effective upon of Ilte within aonfrocr b Ford Credit or purchase price therefor whidiever first occurs, upon Credit's payment of the e9oo ~ ~ 3 H ti - ~ ~ ~ ~ v 1 ~ ~ ~ i _ CLE r ~ r 1 . - 4~5491 x ~~?~x320 PlGE 1?~