HomeMy WebLinkAbout2444 S35 ~t /ANNo t
C o co ~ ~ 9 a- ADDITIONAL TER~K ANO CONDITIONS
T 1. ASSIGNMENT ~1 hwa tM ripbt h dettoro all omouats Iw er h Mcearo /w o•
oiler N M immediately Iw out poraMe oad Seger sbeN haw o~tba
The orpiaal Seller mar ova this coatrod oad his assignee shop rights oats remedies of a Secured Por1r ader tM Uniform Commercial
ocftrriw oM pf his rt~~ttoast Dt this coatred oad !bo Property ood shop Codo indnliN Nrt ti~bt to t~s~s tbo hoportr wborwor tl~ s~11N; ~ '
be eatitlel h aN ffio rr~bts oat privaepas of Seger hereudet• • Aker may ~ fwd with bee ripbt of oNry, amt to rocorlditbo out sent tiN
Buyer receives notice of ear srrcb assignment, tu{?or shoN make oN same at prrblk or private solo. Upon rpoast Rlryor sboN deliver tbo
paYpments hereuder directly to the bolder hereof and tM original ho~rry to Sager of a place dasipaotod `r ~a11K. SaNar shall bwa
Zeller shoN not bo tM agent of the bolder for troasmissiea of pq• the r- Hbt to rotoio aN paymoots.modo prNr to ropossossioo orb ~~yyor
ments or otMrwise. gurer shag not trertsfer or otherwise dispese of shell roaraia Gable for aq defiueacy. Aar petsowlty is or attached
any interest in this centred or Nle Property. is the h~er~ wbea repossessed mar M held by Seger without
13 USE OF PROPERTY - NO WARRANTIES IiebiGty and Rrryor sbaN bo doomed to bwo waived arty claim tMroto
Iluyer shoN keep the Property free from all encumbrances, oil a1ry unless written domed bbyr cirtdiel mail a made epon Seller within
amount tba~mer be paid by Seller ie release or discharge thereof shall T1 boon after re~pouessioa. ter agrees to par roosoaeble attar- ,
he aid br t`flryer to Seger forthwith upon lamed with interest at tht! Hers' Foos (1596 ' parmAted ew) ad other e><peases incurred by
highest lawful teatrad rate. layer shall rat use the Pr arty igegolly, Senor is effecting collodion, repessessaa er resole hereuder.
improperlIyy or for biro ad shall not remove the Property from tM county Sellers remedies Mreuder are is oddthon to • 9ttrea by low ed
of his roside4ct,~ril4o~t tbo written permission of Seller. No reprosetrt- mar be alerted successively or coacurroatly. Narrer br Shcor of
anon, protlriso K ~rerra , oxp~ess er implied, has boon made am default shill not be deemed a waiver of nay other defauh.
with rasped h tbo mar~atobilit~ suitabilrt~ or fitness for 20. GENERAL •
purpo o tM Ltiop~rh or otherwise rtttloss tiro sorrro k otr• _ ~
dorse~ hereon is wrrtinp or is cooftained in a separate written No transfer, renewal, extension es ossigttmeat of this central er ear
insirtrmerrt siMtrd by the oriDittel Seller. 1 er wtN settle directly interest hereuder, ad w loss, damage or destruction of or to the
W Rb the nip Biller a{I clauas coaernirg the Property or its use or Property, shill relwse Rrryer tram his eYipettoas hereunder. This
operation. central constiteles the oMrro aa~greaoeM between the ppoorrkihes ad ao ;
19. DEFAUiT. ~ modification hereof sbaN be veld is oar wsat,,ad Ntryu expressly
Time is of the essence of this control. In the event R er defaults revues tba right to rely thereon, adess mode ra wrfirg ssii~~aed by
!7 Seger. Aay prorisiea of tlNS centred prohibited by eppltca~le law
in any parmefd, Or fails to comply with any of the provtsrons hereof, shall be iaeffectne to tbs extent of such prohibition wrtieut iavelida- •
or o proceitdtrg is bankruptcy, receivership or insolvency, shall be ling nay other provision of this control. This control shah bt
instituted by or against Rujar or his property, or Seller deems the ggoverned by the lows of the state in which the origiaal Seller is
Proper iA IleQger of msrse or cordtscahon, or Seller otherwise located es shown on the face of this centred.
reosonotyWr deems the idebtedness or tl~e Property insecure, Seller
1
GUARANTY
=or value Received, each of the undersigned guarantors, jointly and severally, guaranties the pprompt and unconditional payment, performance and dis•
c~•.arge of all Buyer's obligations under the within Control and covenants that in the event of defouh m any of said obligations thereunder, to pay upon dpoand
me full amount rcmanntrtg urrpoid •F~reunder with o reosonoble otton+h/s fee (15% of ftw`arnount then dues, or if prohibited, tlss amaiM pKmdtid by -
w if placed witF ~ • - • sllection. TTse liability of vndanigrxd shall not beaffeded by any extension, renewal or other chon~e in the tiros of payment
~ ~ e so id contr. ~`;'i"~ + the ,"ter • • .arms of payment thereof, a the release, settlement or compromise of or with any party liable for the
p;,;ment thereof ~?'F :unity thereunder. The kidder nr +r+- ••~thin contract shah not bs bound to exhaust its recourse
,o~nst Buyers any Heil tof~ yment from the undersigned hereunder. Each of
undersigned . ~ ~ ror r+-r* k,v+rrt n•.d o•ot~t on~f r+otirrs of non-payment and
d~.honor, and an, ~ - -+s: _ xtdenigned guoron-
tors hereunder sM ~ ; "-s. - s_ < - • ~ - +
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Guoran!or ~ _ ~
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~J'Jd rd nt0r ~ -
1 7M O~Q .It 6f )M 00~ . "
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,•JJ•V,~AI\I~r
a Seiler Homed on the face of this contract sells, assigns and transfers to Ford Motor Credit CompJ.q _ .is, its or their entire
• gnt, tale and interest in artd to the within contract and the Property described therein and authorizes Ford Credit to do every oil and thing necessary to coiiect
,•~d discharge obligations arising out of or incident.tp said contract and assignment. In order to induce Ford Credit to accept assignment of the control, the
er worrOgfs thQt: the contract, and guaranty if anji,`orc genuine, legally valid and enforceable and arose from the sole of said Prope ;said Property is as ,
E r,•presented to"Ifsgtluyer,nQmed therein who was quoted both o time price and a lesser cash price; the within control was complete in all respects and Seller
j ode oil di es,feq~irad bY4ow prior to the execution thereof by Buyer; the Buyer is not a minor, has capacity to contract and paid the down payment
~:~ted in 1lle c I>frod~witk?tis~:rrn fv~ds; all statements made by or on behalf of the Buyer and furnished to Ford Credit by the Seller are true to the best of the
" e •'s {vlow~dg~ nil beliA~,ond the Seller has no knowledge of any fol that would impair the validity or valve of the contract; title to said Property is vested
~,e Seller freebf ~ Gaas.bod encumbrances and the Seller has the right to assign sold title. If there is any breach of on of the foregoing warranties, without I
- ;aril to the Sehe~s k1'lowledge or bck of knowledge with ~esp~ct thereto or Ford Credit's reliance thereon, the Seller hereby agrees unconditionally to pun- ~
e sold control from Ford Credit, upon demand, for the full omovnt then_ unpaid whether said contract -boll then be, or not be, in defavk. Seller further
:yeas that in event Buyer or an other person makes o cbim ogu~nst Ford Credit alleging facts which, if true, would constitute o breach of any of the foregoing
..,rronties, Seller shall assume the defense of such cbim and shall indemnify and cove Ford Credit harmless from all bss, cost and expenses arising therefrom.
- addition, the Seller guaranties payment of the full amount remaining unpaid under said control and covenants if default be made in any payment coming
i : e thereunder to pay the full omovnt then unpaid to Ford Credit, upon demand, except os otherwise provided by the terms of the Ford Motor Credit Company
u;!ail Plon 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 tf?e time
of poymsnt of th~'sbid controp, or any chongew rhi manner, pbce or terms of payment thereof, or the release, settlement or compromise of or with any party
'.ab•.e for a went thereof or the (elect oi;non- alien of on security thereunder. Ford Credit shall not be bound to exhaust its recourse against the Buyer
er any other person or nay security Fpr~ Zfedd rot any time Fave before being entitled to payment from the SsJkr hKSUnder. Ths Seller waives notits of
the acceptance of this assignment and notices of non-payment and non-performance of the central and any other notices required by lovv and waives oN
setoffs and canter claims. This assignment shall become effelive upon delivery of the within contract to Ford Credit or upon Ford Credit's payment of the
1 purchase price therefor whichever first occurs.
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