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Home My WebLink About2188 53.5 ~Q /ANNo do ar ~ Q 9oZe7~ ADDITIONAL TERMS AND CONDITIONS ; 17. ASSIGNMENT shall have the right to declare dl amounts dw of N McoM dw here- The original Seller may assign this contrail and his assignee sheN under is be imatediately dw and payable and SeNer shah Mre aN the acquire all of his interest is this contrail and the Property and shall rights and remedies of a Secured Party alder tM Uaifotat Commercid. be entitled h aN iM nghts aril pririk'as of Seller htreuttder. Alter Code, ioclading-the right to~repessess the Property wher~tr,t the ale Buyer receives notice of airy such assignment, Buyer shill make all may be found with free right of entry, and to reco~ditioa and ssN the t...t,t.. tt.....r ..a •t,....:..~t,.,l same of public--or private sde. Upoa requests Boyar shall ddirer the iiitrni3 iiFi6QiuGi uisaaiir tts ztro xzsrset '3"'~• Property t0 Seller at a place 6estgwted iy leiier. 3eiiei Saiiif fibre - ~e~ler shah tat be the agent of the holder foratronsmission of pay- the rig t to retain all payments made prat to repossession and Buyer ments or otherwise, Buyer shah not transfer or otherwise dispose of shall remain liable for any dafidertry. Airy persowlty in or attached any interest in this contrail or the Property. to the Property when repossessed may M held by SeNer withoat 18. USE OF PROPERTY - NO WARRANIIES liability and Bttyer shall bs deemed to hors waited arty claim thereto Buyer shall keep the Property free from all ertcumbronces, atd a unless written demard by certified mail is made upon -Seller within amount that may be paid by Seller in release or discharge (hereof shall 2+ hours after repossessron. B er agrees to pay reasonable att~r- be ppaid by layer to Seller forthwith upon demand with interest at the ne~ fees (1S% if permitted by law) and other expenses irtcurrad by highest lawful contrail rate. Buyer shall not use the Pro rty illegally, Se let in effedirtg collection, repossession or resale bersunder. irnproper)pp or for hire and shall rat remove the Property fPom the county Sellers remedies hereunder are in addition to any liven by Tarr and of his residence without the written permission of Seller. No represent- may be erdorced successively or concurrently. Worver by Ssllar of ation, promise Or wturanq, ex~rass or implied, has preen mode arty default shill not be deemed a waiver of any other default. with respect to the mercltantobility, suitabilth or fitness for 20. GENERAL puipose.of the-?roperty or otherwise unless fife some is en- dorsed hereon in wasting or is contained in a separate written No transfer, renewal, extension or assignment of this contrail or arty inshttment sigined by the original Seller. B er will setNe directly interest hereunder, atd no loss, damage or destruction of or to the with the origi Seller all claims coaerntng the Property or its use or Property, sheN release Baiter from his obligations herwnder. This . operation. contrail constitutes the enure a regiment between the pailies and no I9. DEFAULT - modficohen hereof shill be veld in nay ererd,.and fiuyar expressly Trine is of the essence of this contract. In the event 6 er defaults waives the right to rely thereon, unless made to writing siggn~ed by u1.r Seller. Any provision of this contrail prohibited by applicable law .n any poyraent, or foils to comply with any of the provisions hereof, shall be ineffeilire to the extent of sacb prohibfion without invdido- or aproceeding in bankraptry, receivership or iresohrenry, shall be ling any other provision of this contrail. This contrail shall be 'j instituted by or against Buyer or kits property, or Seller deems the ggoverned by the laws of the stole in which the original Seller is Property in danger of misuse or coriftuation, or Seller otherwae located os shown on the face of Ibis contract. reasonably deems the indebtedness or the hoperty insecure, Seller i ~ GUARANTY _ - `:clue Received; each of the undersigned guarantors, jointly and severally, guaranties the Prompt and unconditional payment, performance and die- i ;e of all Buyers obligations under the within control and covenants that in the event of default in any of sold obligations thereunder, to pay upon demand • f ~l l amount remaining •_mpoid thereunder together with a reosotwbk ottornat/s fee (15% of the amount then due, or if prohibited, the amount permtted by I , if placed with on attorney for collection. -The liability of undersigned shall not beaffeiled by any extension, renewal or other change in the time of payment ' ~ ~e :aid coptroct, or any change in the manner, place or terms of payment thereof, or the release, sefNemertt or compromise of or with arty party liable for the r meM thereof, or the release or non-perfection of any security thereunder. The kidder of the within contrail shah rwt be bound fo exhaust its recourse asst Borer or any other person o<anY security the holder may at an time have before being entitled to yment from the un ig+ted hereunder. Each of .,ndersigoed guarantors hereby wmves notice of the acceptance of this guaranty, and of presenlmM+ ~ - td and proteE nil t~ .f nrr-~+' *ier?t and d:snonor; ortr .anv.other demands and notices required br bw, and woiv+• ^u r. Y is gaoron- ~ors hereur?~. - :.r•~ - ....tr.. I f~ g - _ ~ ',h- r~ _ Goa,pntOtr,~~ - E:~' 1 - ~r - ~p Oi.. ptnOy~ ~ tilp ~ Oi - _ ~ „•„grantor - - J~ ~ ~ .i= ii y, rid, r c+rC ; r r~~ _ oo ` f r~6~~M oho trar6~,N fan , 11 ~ : ~ ~bf ~N. o° Seller .f tf g•~ t • t •{.i . . , t t_, e.ra r entire • litlE 10 ' _ 'A4 , G c ~.utetn ease authorizes Ford Crec..._ alto umiy necessary 10 collect ' d~scha•ge obhgotron> ~.ising out of or incwor.r ro said contract and assignment. In order to induce Ford Credit to acrePt assignment of the contract, the - -warrants that: the contract, and guaranty if any, arc genuine, legally valid and enforceable and arose from the sale of said Property: said Property is as :~~esented to the Buyer named therein who was quoted both o time price and o lesser cosh price; the within contract was complete in all respects and Seller ie off disclosures required by law prior to the execution thereof by Buyer; the Buyer is not a minor, has capacity to contract and paid the down payment •~,•~~d in the contract with his own funds; all statements made by or on behalf of the Buyer and furnished to ford Credit by the Seller ore true fo the best of the ~ ' ;knowledge and belief, and the Seller has no knowledge of any fact that would impair the validity or value of the contract; title to said Property is vested Seiler free of all liens and encumbrances and the Seller has the right to assign said title- If there is any breach of any of the foregoing warranties, without ~ ~ •,o•d to the Setters knowledge or lack of knowledge with respect thereto or Ford Credit's reliance thereon. the Seller hereby agrees unconditionally to pur- o:e said contract from Ford Credit, upon demand, for the fu" amount then unpaid whether sold contract -poll then be, or not be, in defovh. Seller further :;tees shot in event Buyer or any other per>on makes a claim agornst Ford Credit alleging fac/s which, it true, would constitute a breach of any of the foregoing ~rranties, Seller shall assume the defense of such cbim and shall indemnify and save Ford Credit harmless from all bss, cost and expenses prising therefrom. addition, the Seller guaranties payment of the full amount remaining unpaid under said control and covenants if default be mode in any payment coming 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 Company rc a Plan in effect at the time this assignment is accepted. The liability of the Salle. shall not be affected by any extension, renewal or other change in the time v4 payment of the sold contract, or any change in the manner, pbce or terms of pa t thereof, or the release, settlement or compromise of or with any ppaarty able for payment thereof or the release or non-perfection of any securittyy thereunder. Ford Credit shall not be bound to exhaust its recourse against the Btiyer or any other person or arty security Ford Credit may of any time hove beforo being entitled to poyntent from the SeNer hereunder. The Seller waives notice of the acceptance of this assignment basil notices of non-payment and non•performonce of the contrail and any other notices required by bw and waiws oN setoffs and covrtMr tbims. This assignment shall become effective upon delivery of the within contrail to ~r~ o_r upon Ford Credit's payment of fFte purchase prig therefor whichwer fiat occurs. ~ ~ ~ ~1{ EO 1iN0 RE TY. 4rI1fI`tJ~ ~~`~lci~la ~u,n~~r acs` ~ ~ ~2