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HomeMy WebLinkAbout0452 ~ 3 S De I ANNA y ADDITIONAL TERMS AND (oNO1Ti0NS ( C_'-oeo a,,J~ 3 ~-y T 7. ASSIGNMENT shall bare tM right to declare dl amounts dw or to iecorae dw ~ere- The original Seller may a this coattail and his assignee shoN valor to M irnmedtetely dw and ptry~ble and Se1er sbaN bwe all tb ocquir~ oN of his interest la • IS coafral and the Property and shall rights and r«aodlos of a Secured Porter >radet the Uldsrs (emarertial, ~ be eahtkd tb aN -the hts and privileges of Seller bereetrder. After (ado. indudiag rilbt to repossess t e•Properry rrberwor tM sttt~a,' • { Buyer receives notice of pelt such ossigmrerrt, IuYer -sh~l make all ~1? ~ two w~ typo right of entry, pail to rocoaditioa pal suYY tbo a~r menu b:reunder direillr to the holder hereof and the original same at public or private solo. Upon regwst tarot shall dolivor the , ~eiler shah mot be the agent of the holder for transmission of par- Props to SeMar at o pbxe desigrrated bl? fellor_ SoNot shill bovo menu or otherwise. layer shah not transfer or otherwise dispose of the nit to tetaia aD parmeats mode prior to repossession and I er F any interest in this contract or the Property. shall tamale liable for oar deficiattry. Aar persorrdry is or attached 18- USE OF PROPERTY - NO WARRANTIES to tM Pr whoa repossessed Wray ba bekf br SeNer withertt liability pail Irryer shall ba deemed to have waived nay claim thereto Buyer shalt keep the Property free from all encumbrances, and am udess written demand by cirtfied moil a hods upon Boller within amount tlr~mor be paid by Seller ip release or discharge thereof shah 1d hours aRer repouasswa. I er agrees to pay reasonable attar- t be ppad by layer to SeNer forthwith upon demand with interest of the treys' fees (15% if permitted by law) and otMr expeasss iacurrod by - highest laywful contrail rate. layer shill not rtse the Pro arty igegolly, Seller in effectitrg collectan, tepossessioa or resole hereunder. improper or for hire and shall trot remove the Property fPom the county Sellers remedies hereunder are is addition to arty Given by Ion aad of his resrderra without the written permission of Seiler. Na represent- may be enforced successively or coacurrerrNy. otter by Seger of anon, orris: er vrorraaqq, expprress er i lied, bas been mode am defatdt shall not be deemed a waiver of arty other defauh. with re pact to the ttaercbontobilitr, suirtabilitY or fitness for 10. GENERAL purges ei for P'ropaty er otberwtse udess the same is e~ I dorsed~eon in writing or is corttaiwd in o separate written Mo trattsfsr, renewal, extension or assignment of this contrail or ary ipstvttrrleat signed by the original Seller. I er wtN setNe directly interest berearder, and ra loss datriags or destruction of or to the r ith the origitMwtrll Seller all claims coacerntng the Property or its trse or Preperry, shoes release )alter from his obligations herwtder. The operation. contrail constitutes the sntrre apreement between the parties and ao 19. DEFAULT modification hereof.shall be ra!'d in nay areal, aid layer expressly Time is of the eticence of this contract. In the even) / er defaults waives the right to rely thereon, edess mode to writing srgand by ~ Seller. Airy prot?isiea of this contrail prohibited by applicable law rn arty pormeat, or foils to comply with am of the provisions hereof, shall be irffectirs to the extent of such prohibition wrtbeut rinraiida- _ or a proceeding in bonkruptry, receivership or insohtenry, shall be ling am other prorisioa of this control. This control sbaN be _ instituted by or ogotnst layer or his property, or Seller deems the governed by the laws of the state in which the original Seller is Property in_ dotger of misuse or - confiuation, o: Seller otherwise located as shown oa the face of this coafrod. reasonably deems the trdebtedness or the etoperty insecure, Seller ~ - GUARANTY F _ -value P.eceived, each of the undersigned guaronton, joint)y and severally, guaranties the prompt and unconditional payment, performance and die-` r ge of all Buyer's obligations under the within control and covenants that in the event of defodt m any of said obligations thereunder, to pay upon demand ~ ' ~e f ~•I I amount remaining unpaid thereunder together with o reasonable aHorney's fee (1596 of the amount then due, or if prohibited, the amount psrrnltted by ~ ! ~ .f placed with an attorney for collection. The liability of vr?dersigned shall not be affected by any extension, renewal or other change in the time of payment rF,e surd contracl,-or otry dtat?ge in the manner, place or terms of payment thereof, a the release, settlement or compromise of or with any party liable for the ayment tfrereof, ar the rebase anon-perfection of any seaxity thereunder. The holder of the within control shoN not tx bound to exhaust its recourse ~ a;;a~nst Buyer or any other person Or any security the holder may of an time have before being entitled to payment from the undersigned hereunder. Etch of I the undersigned guarantors tstreby wonrcs notice of the acceptance of this guaranty, and of presentment, demand and Qrotest and notices of non-payment and ~ d.zherwr, and any other demands and notices required by bw, and waives all setoffs and counterclaims. The obligotwn of each of the undersigned guaron- i ton hereunder slwl be in addition to any other obligation that such guarantor may twee with respel to the wit •n corstral. Guarantor _ _ r= ~ r ~ f-' t »arantor ~ Y ~ t ~ ~ ErI- ~ , 7~ s ~~i i` ' + , Seller named on the face of this contra ' i ator r~b~, - ~o t • 0~6~ -r'or • fr ~ ? , or their entire i sM o ' ! o~ 61 0° scary to collect ; ~ r title and interest in and to the within ~ L ~ . ~ s + ! a,N oo area E ' - ~M o. - l i d++zcharge obligations onsing out of c . _ r ant ' r • r • ~ • r tt r contract, the warrants that: the contract, and gu• t + ~ ~ ~ one" '3` • Property is os p~esented to the Buyer named therein wt p lesser cash pace; the w~tnin comr~l was co,.r,~.ert, u. ua ro.f acts and $rlkr ode all disclosures .equired by low prior ~nereof by Buyer; the Buyer is not o minor, has capacity to contract and paid the down payment •~red in the contract with his own funds; oli statements made by or on behalf of the Buyer and furnished to Ford Credit by the Seller ore true fo the best of the ••~'s knowledge and belief, and the Seller has no knowledge of any fact that would impair the validity or valve of the contract; tick to said Property if vested ~ Seller free of all liens and encumbrances and the Seller has the right to assign sold title. If there is any breach of on of the foregoing warranties, without :;a.d to the Sellei s knowledge or lock of knowledge with respect thereto or ford Credit's reliance thereon. the Seller hereby agrees unconditionally to pu?- case said contract from Ford Credit, upon demand, for the fah amount then unpaid whether said coq~rocl -hall then be, or not be, in defouh. Seller further ; •ees that in event Buyer or any other person makes o claim against Ford Credit alleging facts which, i{ true, would constitute a breach of any of the for~.going ..urronties, Seller shall aswme the defense of such claim and shall indemnify and save Ford Credit harrnk3s from alI'bss, cost and expenses prising therefrom. addition, the Seller guaranties poyroent of the full amount remaining unpaid under said contrail and corenonh if default be made n any payment coming 7 ;e thereunder to pay the full amount then unpaid to Ford Credit, upon demand, eacePt os otherwise provided by the terms of the Ford Motor Credit Company recoil Plan in effect at ttte time this assignment is accepted. The liability of the Seller shall not be affected by any extension, renewal or other clwnge in the time of payment of ttte said control, or any change iw the manner, place or terms of payment thereof, or the release, settlement or compromise of or with any party r, Fable for payment thereof or the please or notrperf}ction of any security thereunder. ford Credit shall not be bound to ~xhoust its recourse against the Buyer or any offset psrfon or on}r security- Ford Credit may of ally time hove before being emitkd to payment ham ttte•Se~ ttersVndtr. ,Thte r waives ttoliee of the occeptonce of this osstgnment.ond notic!s"of rbn=payment and non-performance of the control and any other notices required by law and woivrs of s>?toffs and counter claims. This ossignnsent shay become effective upon delivery of the within control to fiord Ged~or upon Ford Credit's paymepf of the i purchase price therefor first oc ~ • ~I.IL+a7vV ED I? 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