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HomeMy WebLinkAbout2442 ~ 3 S ,fit I~9NN0y ~Qut C~o ro A ~i 9.~ ADDITIONAL TEfIMS ANIt CONDITIONS ~ r l1. ASSIGNMENT ilAil hwe fM right to sedate aN omouals dw er to hecewe dw here• The original Seller may ~a this contras oad his assignee sMN ender fe M iwwediNely dw errs payable end SeNer sheN Mre eM the tuquire aN of leis interest in this corNroct eod Property one sboN ~h eai remedies of a Second Perry tnyer tM Ua'rferw Gaprrercid ~ w oetitled to-sM thA ryhts end privileges el S~r Mreuedtr. • Aher (ode iacle+ittg the.. ~1 is rpessess tie P~reperty wherwer thA s{~t~'-~ ; Buyer receives notice of oay such assignment layer shell make ep they ale teens with ee right of entry, aai to recoa/+tioa eat seN tN 9a meats hereunder directly to the holder hereof sad the original some et public or private sole. Upon r gwst Layer sheN dalirer the 5s~ler sboN rat be tM agent of tM holder for tnttsmission of pay. Property to Seder of o place desigaotede Ity Sailer. Boller sWl hero i manta a otherwise. toyer shall not transfer or otMrwise dispose of the rig t to relaia ~ payweets mode prier to repossassioa end ~~yyK j any interest is this centres or the Property. shell reatoia liable ter eay def'iciettry. Any personalty is or eltoched 18. USE OF PtOPEtTy - NQ wAttANT1ES to tM Pr when repossessed way M held by SeNer witheat liobikty and irryer shy be deemed to hove waited eay saw thereto 1 Buyer shall keep the Property het from all encwnbrartces, std any attlsss written demand cirtified mail is weds trpoa SeNer within amount tltM may be paid by Seller is release or discharge thereof shall 24 boars after r n. 1 K agrees to pay reoseaoble ettor• be paid ~ toyer to SttNer forthwith upon demand with interest at the asys' fees (15% ' permitted by law) oad other a:peaces iacarrad by highest lawful contras rate. toyer shall not use the Pr arty ipegdy, Sellller is effecting collectaa, repossessioa or resale Mreuader. + improperly or for hire and shell rat remove the Property from tM county Sellers remedies bereuader ore is additaa to nay gives by law ood i of bas residence wifAoW tM written permission of SelMr. No represent- may be enforced successively or concurrerdty. aver by Seller of 1 alien, pranis~ or-ailtrro , eapp~~ass er intplia~d, bas been rwode any defeuh shall aof be deemed a waiter of nay etMr defeah. with respect to the tner~ntabilitr, witabilit~er fitness for purpiso of th~`.rcoperty er etberwrse anfess sago is et 20. 6ENEtAI ! dorsed hereon ~a writirq er is coataitted in o separate written No troasfer, rerawal, extettsioa er ossignaed of this contract or oay i irtshutneM sttogned. by the original Seller. Buyer wtN settle directly imerest hereunder, sal ao loss, domag. or destractioa of w ro the with thrt erigioal-Seller ell claims coacerwng the Property or its use or Property, sheN release tal?er hew his ebligetioss herwetlar. This operation. contract constitutes the enhre a99retment betwaa the p~ttes sad ao 19. t)tr•AUIT ' ewdifiuttla breof sbal b• vol'id is nay ward, vnd .toyer ax c Time is of the essence of this contrail. In the event 6 sr defaults waives fha ,HgM b rely thereon, adess tirade In writing ssii~~opid~6y °X SeNer. Arty prorisiea of this contras prohibited by epplica3le law in nth poymerd, or fails to comply with any of the provisions hereof, shall be iaeffecttre to the extent of such prohibNioa witheat tweltde- or oproceeding itt bankruptcy, receivership or ittsohenry, shall be ling nay other proYlSlea of this contract. ills cordrod shall la instituted by or ogaittst Buyer or his property, or Seller deems the governed by the lows of the state in which the original SeNer is Property m danger of misuse or cotdiscation, or Seller otherwise located a shows oa tM face of this contras. reasonably deems the indebtedness or the Property insecure, SeNer GUARANTY For Value Received, each of the undersigned guarantors, joint)Y and severally, guaranties the pptom~f and unconditionot payment, performance and dis- r ge of all Buyer's obligations under the within contras and covenanh tttot in the event of defouh in any of said obligations thereunder, to pay upon demand me full amount remaining unpaid thereunder togelfrer with o reosonobb attorney's fss (1 S% of tKe amount then sus, or if prohibited, the amount i,w) if -r..~„d with an attorney for collection. alto liability of undersigned shall not beoffesed by any extension, renewal or other change in the time o~p~oymenf of the . - env change it the manner, pbce or terms of payment thereof, or the release, settlement or compromise of or with any party liable for the paym. ~ tease or .-'action of an - • ti-rty thereunder. The holder of the within control shot) not be bound to exhaust its recourse oyair• - ,person r 'tie he • v time-hove before being entitled to ymeM from the undersigned hemtrrtder. Evch of the u' ~ - ~ rs. hereb ~ ' ' r•tnty Viand of presen••`Mt, demand and Qrotest and notices of non-payment and disho ~ •emend • t•f counter "'-~hor of the undersigned guoram Tors oddAf lath F~ O E ~l /1 / y _ v Gu _ . ,:i - g . 6+ jM_gp0 ~ b j.. - i,~ t • t . , The 5ellei; homed on the face of this contract sells, assigns and transfers to Font td'M ComN.. ~ his, its or their entire ght, litk and'mterest in and ,to the within contras and the Property described Iherern and authorizes Ford Crean .c do every _ •tg. necessary to collect and discharge obligations orisir?g ogt of or incident to sold contract and assignment. In order to induce Ford Credit to accept assignrinent of the contras, the SeNer warrdttts theta the coatruct, anti ~uoronty if any, are genuine, legally valid end enforceable and arose from the sale of sold Propery; sold Property is os representld to the Buyer homed therein 'who was quoted both a time pace and a lesser cash price: the within contract was complete in a1T respects and Seller mode ell discbsures; req red_ity 16w prior to the execution thereof by Buyer; the Buyer is not o minor, has capacity to contract and paid the down payment stated in the conrrol;t ti~ own funds; ell statements made by or on behoN of the &ryer and furnished to Ford Credit by the Seller are true to the best of the Seller's knowledge atidlief, and the SeNer has no knowledge of any foci tfwt would impair the vofidity or rolue of the contract; title to said Property is vested the Seller free of ell liens and encumbrances and the Seller has the right to assign said title. If there is any breach of an of the foregoing warrontres, without -•~gard to the Seller's knowledge or lock of knowledge with respect thereto or. Ford Credit's reliance thereon. the Seller hereby agrees unconditionally fo pur- chase said control from Fo?d Credit, upon demand, for the full amount then unpaid whether said contract -hall then be, or not be, in defauh. Seller further agrees that in event Buyer or on other person makes o cbim ogamst Ford Credit alleging facts which, it true, would constitute o breach of any of the foregoing warranties, Seller shoN aswme the defense of such claim and shall indemnify and love Ford Credit harmless from ell bas, cost and expenses arising therefrom. oddifion, the SeNer guaranties payment of the full omourtt remaining unpaid under sold control and covenants if default be mode in any payment coming due thereunder to pay the full amount then unpaid to Ford Credit, upon demand, except os otherwise provided by the terms of the Ford Motor Credit Compon Retail Plop in effect at the time this assignment ~s accepted. The liability of the Set{er shell not be effected by any extension, renewal or other change in the time 04 payment of tM toad controet; a arty change in th! manner, place or terms of paymetit thereof, or the release, settlement or compromise of or with any patty {able for payment, thereof or the reketer non-perfection of any security thereunder_ Ford Credit shall not be bound to exhaust its rKOUrs@ against the Buyer or any other person or any security Ford-~rediPm of any time have before being entitled fo payment front the SeNer hereunder. Thi SeI1Er sroives nonce of the occeptaitce of-this osstgnment ohs notices of bon~poyment and non-perforrrtonce of the corrtrod and arty other notices required by bw or?tf woiws oU Setoffs and counter cbims. This assignment shoN become effective upon delivery of the within control to Ford .Gediz or upon ford Credit's poymeet of Hie purchase price therefor whichever first occurs. evoo ~rtic ri illf.0 tti - CEO ST. lU' = ~b r~.. Clf~ ~ t!aT REC~~ - DEC !0 9 u~ du tai ~ } ~.:,~~:~21 Pa~E2439