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Home My WebLink About2448 i s 3 5 •0 a n? a e Q.~. eo~.o~ r ~ 9 y~•- ADDITIONAL TEtMS AN9 (ONOITIONS 11. ASSIGNMENT ~ 1 -f~ Mre ~ right to declare aN amounts dw or to becoina dw iera- TM original Seller atop assign this coafroil and his assignee shah oiler ro M iniiadiotely dw ad parable ad SeNer shah Mre ~ tM acgaire aN of his inNresl in this contrail ad ells Property and sbaN rights and reaedies of a Seared Parry inder tM Uniform (amwaratl be etttided t0 eM the and privileges of SeWr Mnaader. ~ After (pill, iadudial-iha.ti01i1 to tapossass-dii~roparry wherever tM saiN.' . Buyer receives optics of oar such assigronom, toyer shill make aN ~1? M food with ftao right of aafry, a to raconditan and uM tM paYYmenu hereuder direcNr to the holder Mreof and tM original solos ~ public or private sole. Upon r wu layer shall deliver tla Ieilar sMl not bs tM agent of tM bolder for transmission of par- Prop~t to Seler of a ploca designated~r filler. Boller shah have menu or otherwise. toyer sMN not transfer or otMrwae dispose of tM ~OMt to raisin aN parmaats meda prior to repossession and layer any imerest in this contrail or the Property. sbaH reiaaia Mble for aar deficieiiry. Airy persoiialry in or allot 18. USE OF PIOPEITY - NO wAIRANTIES b fhe hepert~r wMn repossessd mar M hold br SsNer witlaaf Gabikry ottA lirysr sMll ba deemed to hors wairad ary cloaa 1Mrato Buyer shall keep tM Property free from all encumbrances, and arty udess written demod by cirtified mail is made upon Seller within amount 1Mt mar be paid br Seller io release or discMrge thereof shall 11 boon offer repouaslion. dryer agrees to pay reasonable attor- be paid 6r toyer to Salvor forthwith apOa demod with imerest of tM Hers' fees (1596 if permitted by lawl and other expellees incurred br highest kttwful coatrad rote. layer shall tat use the Property ipegally, er in effeiliag collection, repossession or resale Mreunder. improper or for hire oil shall not remote tM Property from tM county Seller's remedies Mreuder ore in addition to any liven by low oil of lus [ enca wi1Mi11 tM written permission of Seller. No represent- mar bs enforced successively or concurreirtty. Noiver br Boller of attars, premise er walrro , ex ess er implied, bas been mode airy defodt shill not be deemed a wo'irer of airy other defaoh. With ti$piit to tba mer~nttlity, iiii~biliry at• fitness fef urpese of tlr~ heperry eft etberwrse udess the soma is aa} 20. GENERAL pdotsed bereote in writiuN er is contoialattf in a separate written No transfer, renewal, extension or assignmed of this coiitrad or am instrument s the erigirisl Seller. layer wiN settle direcNy iatersst hereuder, oil no loss damage or destruction of or to tM with tM original - all claims concsritiiig tM roperry or its use or Preperry, sbaN rehtase hirer from his ellilotions herwnder. 16is operation. coiRrail coustitiites tM eiitire oggreemeitt between the poroes end no 19. DEFAULT ~ aiodiicati~a hereof shoN bs valid in oar areal, ad layer ex re Time is of tM essence of this contract. In tM svelte B er defaults waives Ibe right to rely thereon, unless mode in writing eed~br Seller. Any provision of this coitroil prohibited by applica a law in airy parmeat, or foils to comply with airy of the provisions hereof, sMU be iseffecMe to tM extsat of sash prohibition without invalida- or o proceeding in bankruptcy, receivership or insolveiicy, shall ,be tiitg airy other provision of this contrail. This contrail sMll M ,~:fated by a*,eiz3st Buyer o: his propt;:tj, a: Se!It:r ~ceats 'tt: ggooverned br the laws of the state in which the original Seller is Property in daiger of misuse or confiscation, or Seller otherwise located as shown on tM face of this contrail. ' reasonably deems the idebtedness ar the Property insecure, Seller GUARANTY For value Received, each of the undersigned guaronton, jointl and severally, guaranties the pprrompt and unconditional payment, performance and dis- charge of all Buyer's obligations under the within contrail andycovenants that in the evert of defauti m any of said obligations thereunder, to pay upon demand the full ansarnt remaining unpaid thereunder vmih a reosorable attorner/s fee (15% of fhe aatount then due, or if prohibited, the amount - iMed b - ~ _ _ Perm y - r-.--~ ...v ..v.,..n~ v. v. w.v. ay..cv s•vu .•v. w vuvt•oV v~ Ony CAtOtNItN/, rCfMTw01 Or Orner 0110n~e In tree TIr11Q OT pOyn16M of tie sold contrail, or any change in the manner, plots or terms of payment thereof, a the release, settlement or compromise of or with o~? party liable for the payment thereof, or the release or non-perfection of any severity thereunder. The holder of the within contrail shah not be bound to exhaust its recourse against Bv~rer or any other person or any security the kidder may at any time have before being entitled to payment from the undersigned hereunder. 1`och of the undenlgned guarantors hereby wolves notice of the acceptance of this guaranty, and of presentment, demand and Qrotest andaptirrlc ` n , ^ - - - .nt and dishonor, and any other demands rend notices requiredr by low. and waives all setoffs and counterrkli•n~ fl•. nWioot^'+ • ' ~ - T~ •uaran- tors hereunder shall be in addiflo• doll ~ t'S _ , _ ; 's, GuaroMor _ ? y ~ _ - _ ~i Ja.i:jai.~ Guaronfor_ ~ ~ - ' ~ ~ • . , t • ~ 1 t ~ ?he Seller Homed on the fate asp •er . - tneir Entire rghf, title and interest in o tbtq, f 4..., . t. • an..,,.a../.r.AJ.lati rJCG ~fEad f0 c~e.y ucf and thing necessary to cdlect and discharge obligations arising out of a .r.~:~_nt to said coneroci and assignment. In order to induce Ford Credit to accept ossignmeM of the contract, the Serer warrants that: the contract, and guoraMy if any,-are genuine, legally valid and er>forceobk and prose from the sale of said Property; said Property is os represented to the Buyer named therein who was quoted both a time price and o lesser cash price; the within contract was complete in all respects and Seller made all disdosurps required by low prior to fhe execution thereof by Buyer; the Buyer is not a minor, has capacity fo contract and paid fhe down payment stated in the tgrArptt with his own all statements'rrwdy by or on behaH of the Buyer and furnished to Ford Credit by the Se!}er are true to the best of the Seller's krepy?ledge held bsGef, egd tf 1Iler has no knowledge'of•ony fad that would impair the validity or value of the contract; title to sold Property is vested the.~el free QQf oN.lipws and ericurhbronces and the Seiler has the right to assign said title. If there is any breach of an of the foregoing warranties, without regard to~•Sepers knowledge or lock of knowledge with respect thereto or. ford Credit's reliance thereon, the Seller hereby agrees unconditionally to pur- chose said Conttact from Ford Credit, upon demand, for the full amount then unpaid whether sold contract :hall then be, or not be, in default. Seller further agrees that in evert Buyer or on other person makes o cbim against ford Credit alleging facts which, it true, would constitute o breach of any of the foregoing warranties, Seller shelf oswnse the defense of such claim and shall indemnify and save Ford Credit harmless from all bss, cost and expenses arismg therefrom. {n oddif'1on, the Seller guaranties payment of the full amount remaining unpaid under said control and covenants if default be made in any. payment coming ~ due thereunder to pay the full amount Then unpaid to Ford Credit, upon demand, except os otherwise prolrided by the terms of the ford Motor Credit Company Retail Plpn in effect of tlTe~ime this assignment is accepted. The liability of the Seller shall not be affected by any extensan, renewal or other change in the time ~ of payATertt of tell said coMrocf, or any thongs in lire manner, place or terms of payment thereof, or the release, settlement or compromise of or with any party Noble for pormeet thereof or the release or rwn-perfection of any securery thereunder. Ford Credit shall not be bound to exhaust its- recourse against the Buyer I or any other perwr? or any severity Ford Gediz may of any time have before beirp entitled to poymenf from the Seller hsrwnder. The SeNer waives ratio of I the acceptance of this assgnment and notice!'of rao-pdyment and non-performance of the contract and any other notices required by law and woiws aN setoffs and counter chime. This assignment shall become effective upon delivery of ties within control to Ford Credit or upon Ford Credit's payment of the 3 purchase price therefor whichever first occurs. i 4~~8 troop Breit n F LEO Ati - ~'EO Sl~. LUTE ~ ALA. ~ t REC4E-~,~ ..C'RT oEC io 9 47 a~ i _ .'~~Mt ~...r~ddS