HomeMy WebLinkAbout1502 Purchaser further wsrre?nta and covenants:
6: The atatemcnts and representations made by the Purchaser herein and signed by Purchaser are true. Purchaser will imme-
diately notify Seller or assignee !n writing of any change in or discontinuance of Purchaser's place of residence or place or places oL
business whichever is or are set forth in said statement.
T. No financing statement covering the Collateral is on file in any public office, and at request of Seller. Purchaser will join with
Seller in executing one or more financing statements pursuant to the Uniform Commercial Code, in form satisfactory to Seller and will
pay the cost of flung the same in all public ofiicea wherever filing is deemed necessary or desirable by Seller.
8. Purchaser will not sell or offer to sell or otherwise transfer or encumber the Collateral or any interest therein without written
consent of Seller; will keep the Collateral in good order and repair and will not waste or destroy the Collateral.
9. Purchaser admits, upon examination, that the Collateral is as represented by Seller and acknowledges acceptance and delivery
thereof complete with attachments and equipment in good condition and repair. Seller may examine and inspect the Collateral at any
time, wherever located.
10. Seller may correct patent errors herein and in the note. .
11. Any notice to Purchaser shall be sufficiently given when mailed to Purchaser's address stated above.
12. Purchaser will keep the Collateral insured at all times against loss by fire and/or older hazards concerning which. in the
judgment of the Seller. insurance protection is reasonably necessary, in a company or companies satisfactory to the Seller and in
amounts sufficient to protect Seller against loss or damage to said Collateral, that such policy or policies of insurance will be delivered
to the Seller, together with loss payable clauses in favor of the Seller as its interest may appear. in form satisfactory to the Seller.
13. Upon the happening of any of the following events or conditions, namely: (I) default in the payment or performance of any
of the Obligations or of any rnvenant or liability contained or referred to herein or in any note evidencing any of the Obligations;
~ II) any warranty, representation or statement made or furnished to Seller by or on behalf of Purchaser in connection with this agree-
ment or to induce Seller to make a loan to Purchaser proving to have been false in any material respect when made or furNshed; (III)
loss, theft, substantial damage, destruction, sale or encumbrance to or o[ any of the Collateral, or the making of any levy. seizure or
attachment thereof or Wereon; (IV) death, dissolution, termination of existence, insolvency, business failure, appointment of a receiver
of any part of the property of, assignment for the benefit of creditors by. or the commencement of any proceeding under any bank-
ruptcy or insolvency laws by or against, Purchaser or any guarantor or surety for Purchaser; thereupon, or at any time thereafter
such default not having previously been cured); (V) or if Seller deems itself insecured, Seller at its option may declare all of the
Obligations to be immediately due and payable and shall then have the remedies of a seller under the law, including, without limita-
tion thereto, the tight to take possession of the Collateral, and for that purpose Seller may, so far as Purchaser can give authority
therefor. enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom. Seller
may require Purchaser to make the Collateral available to Seller at a place to be designated by Seller which U reasonably convenient
to Both parties. Seller will give Purchaser at least five days' prior written notice of the time and place of any public sale thereof or
of the time after which any private sale or any other intended disposition thereof is to be made, and at any such public or private
sale Seller may purchase the Collateral. -
14. This agreement and the security interest in the Collateral created hereby aball terminate when the Obligations have been paid
in full. No waiver by Seller of any default shall be effective unless in w_ citing nor operate as a waiver of any other default or of the
same default on a future occasion. Seller is authorized to 611 in any blank spaces herein and to date this agreement appropriately.
All rights of Seller hereunder shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Seller; and all
obligations of Purchaser shall bind the heirs, executors, administrators, successors and assigns of Purchaser. If there be more than
one Purchaser, their obligations hereunder shall be joint and several. This Agreement shall be deemed to be binding on the Purchaser
upon ataxing his or its signature but shall not become a completed contract until signed also by the Seller. This Agreement shall be
construed according to the law of the State of Ohio.
15. It is understood and agreed that this instrument and the promissory note executed herewith may be assigned to a third party.
L'pon notice of such assignment, Purchaser agrees to make all payments at the office of the named assignee and Purchaser acknowl-
edges that Seller is not an agent of such assignee for any purpose. Purchaser hereby agrees that such assignment shall be free of
env and all defenses which Purchaser may have against Seller and Purchaser agrees to settle all claims against Seller d[rectly with
Seller and not to set up any such claim in any action brought by assignee.
16. This Security Agreement contains the entire agreement between the parties, and no oral agreement shall be binding.
AssIGINMII:h'T ~nPN~~3150 , Columbus , Ohio 43213
For value received, the undersigned does hereby seD, assign, transfer, and set over unto DEPENDABLE ACCEPTANCE CO., its
successors and assigns, all of its right, title and interest in and to the within security agreement, the amounts due and to become due
thereunder and to the Collateral therein described, hereby granting full power to the said assignee, either in the assignee's own name or
ir, the name of the undersigned, to take all such legal or other proceedings as the undersigned might have taken except for this assignment.
The undersigned warrants that the within instrument and the note secured thereby are genuine and in all respects what they pur-
Fort to be: that all statements contained therein are true: that the ~tidthin security interest is the first and best lien upon the Collateral
described therein; that there are no defenses, counterclaims, or set-offs thereto that all parties to the foregoing instrument have ca-
pacify to contract, and that the undersigned has no knowledge of any facts which impair the validity or value of either the said note
or the within security agreement.
The undersigned w¢ri[~ta that the said note and security agreement arise out of a bona fide sale made in compliance with the law
i from the undersigned to the Purchaser named in the agreement for the amount therein, the Collateral described therein has been ac-
!f cepted by the Purchasex',~i~yat tLle.down payment was made by the Purchaser in cash, unless otherwise specifically states in the agree-
ment, and that th cash payment indicated in said agreement has been received andlor that the allowance given for the trade-in is in
the amount at fed in the agreement.
~ i ;aTE OF Dated this . . - 6.~h . ......Day of........Decernber 19....79
C~'J~dTY OF _ ~ 14~~ ......Ebco-Manu~~ ring. .Company - -
THIS OF ~ - -
• By .....~~,w..,_. ..i _
~-/-,ll~~ T. R.Benua, 3R., Vice Pres.
T U LIC
FEED ANL' . • ~wEO pEpENDAHLF. ACCEPTANCE CO.
5 . W~~ •f _a
iI(1~~' ' Box 13150 COlUM9U5. QMIO. 43213
CAE ~~~~ar~,n
pErru• ~.,:~Q,~
DEC ZO i ~ 24 !~'I ~ 9
'7n148
4
1 At]7