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Home My WebLink About2338 ADDfT10NA1. tiRgVt:gN; ~ - ' 1. layer tlWl kaa* We Red Prapetty w~tki eeatrra~ aoy~epetgye B(1'tta ptrrstyat a tbN (~tltWect l~ "~k "1 f~rlly ?7uted ttM1oM M wtd atlrwr tatualty tad asy otlrat itrsurartoa y requested by Holder wood shall furnish Holder wish a copy d srtclr ve1W itrwtetroe polity. 7'he lrraurrtroe.shell be in • form. arnarnt wad writtar b)/ irrsuton aooaptabla to Holder sail shall povldtl that fur ' Iharwada alrwil bw payebN b 8try« affil Holder a. thatr tataceat auey appaas? hard thwt •wo wd a dafatrlt b Otryw taWl ptr ~~s dgbt to tlrw iastr~oe-ptooards. Hol¢et, ws ~ -crwd(ta of 8uyar~ u wthori>w~ to purchww aqy torch insurmtow at 1,uyK't? ~xpwrtaw it Buyer bib to do to, wbethat Drool Included herein. and Buyer agrees to p.y Hddee the coM d Iho. Ieweena toBMhwr wltlr.liN 1trlwwM lMreoa at a »te equal to tM rate charged on tM original rota. It Holder dasars it necessary. it tssay anal say iastuwaae on attid Raw! - wad !leas tM unesraad ptemitrm paid to Holder. tluy.r hstedy dtraxts any Ittatua under thb Contract to pnr any d t!u p!y~n~ pn~ . tot Iw tl?1a paragraph di»ctly b Holder acct benby appaiats Holder Atttxaeyia-Fact tot Boyar. to tadorse soy draft paywWa by any iaturot." 1 .Holder a:rase to apply such rtal pnx~wdti, to the payaatq~ of uuNlimsnts dug or tg became due under this Contract. 2. Any Note given Ia Connection with This (:nntract shall he evidence ot, and not payment ot. the obligation provided herein. t 3. Buyer covenants and Warrants that: (a) the Home Impro~•emenfs pmvidni for ~n Ihis agreement are being purchased for use by 8uver: (b) until - ali pavmenb under Ihis Contract have bean rrrade. the Real Property shall not 6e sold. traMfsrred, encumhererl: nrtr used rgtularly by ores outer than lluyru srithau prior. sv?Ntpn r;onritent a( Fioldet; (c) the Rrv?f Paepart~ s!?ah not bt: used for any unlaw:ul p~upases; (dl tharrr is or is !o be no extension of credit in aonnaction w,th the sate of Ure Property Improverttents herein described other than ttul svidenosd Isy this Contract: •a»d (e) Buyer shat( obtain all nerxasary government permits and snail make or bear all expense of making charges b his Rawl Property required by law a government regulation. t 4. Buyer shall be in detauU if he brear:hes any obligation. agreement, warranty or covenant contained in this Contract: of (a) if Buyer shall bt in C' default as to any other indebtedness owed to Holder, (b) upon death of any Buyer: (c) if any material warranty or statement made herein by Buyer fa irtoorrect or false: (d) the Real Property n levied upon, seized by judicial a legal authority or title or possession is transfasred volun- tarily or involuntarily to a receiver. ltustee, or to another by operation of law: (e) it Buyer shah become insolvent or make an assignrrtenl for .the be)tefit of crredilors: (Q it Buyer shall institute or if there shall be instituted against Boyar any bankruptcy, irtaolvertcy. reorpanisatioa. arrangement, or any dhsr debt adjustment, bankruptcy, or liquidation proceedings: (g) if the Real Properly shsU be subject to an ooadwm• nation or foreclosure proceedings; (h) upon the lass. substantial damage, destruction, sale or unauthorized encumbrance of the Real Property: j a (i) if Holder dherwise deems ib security interest, the Rest Property, of Ihis Contract, insecuro or the Real Property in danger d misuse a cattfiaation. 5. Upon the occtrtrenee d any even) d ddault, the Holder may declare a!1 installments due or to become due and any dher sums Iwwfully due updar this agreement immediately due end parable, - . e. Contractor shall not be (fable for delays or damages caused by strikes. material or labor shortages o'r other conditions beyond r7orttrador's control. Contractor aswmes no responsibility for seeking any license, permit or authorization to'do the work, labor and services provided for herein. 7. Buyer wad Holder agree that the tptritsuoaat of teasorrable notice will be met U say notice required to bs given under this agtearotot ar by the laws d ,the Stets d Fbrida, is mailed to the other party at the address stated in this Contrail (or such other address daeignatsd by than pasty In wrltin~ s! {swat 10 days prior to the taking d say action. 8. Buyer shall pay all fees and coats in aonneilion with the protection o[ Holder's lien, including the expense of all taxes. dxumantary stamps and other official tees pryable by reason d this Contrwct. - 9. Contractor may assign this Contract. Buyer agrees that acceptance by assignee d an assignment d this Contract shall nM impose upon assignee arty obligation d any liability for the breach of this Contract. In connection therewith. Buyer wtharizes Holder to release to a~sdh bureaus, credit interchanges and ocher ganlors of credit such information relating to this transaction and Buyer's aedit worthiness a racy be determined pertinent by Holder. Buyer further authorizes Holder to rwi! to Buyer any reedit card, coupon book or simibt devise itx purposes d establishing, the Buyer's ideality sad credit. - 10. The waiver by Holdsrd say default under this Contrail shall not constitute a waiver of any subsequent defauh. - - 11. This Contrail- shall be construed in atxordanoe with the laws of the State d Florida and constitutes the entire agrgerneat between Contractor. Holder and Buyer and no oral modification hereof shall be salid. Any provision or paragraph of this Contract found to be invalid tinder appliabM law shall be invalid Daly with respect to the otknding provision. ASSltiNll~lYT AND WARMKIY For value received, receipt d which hereby is sduwwledged, the undersigned hereby assigns b: ' . (name and address d assignee) ~ its sucoeasors sad assigns, hereinafter called "Holder", the above agreement and all right, title and interest in and to the Rawl Property described: ~ all monies due and to become due; and all rights and remedies under said Contract with power in Holder to assign the same, either in its own name or in the name of the undersigned, for the Holder's exclusive benefit: and to take all such legal or other necessary action as trirdersigned I might have taken, save for Wis assignment. To induce the Holder to purchase this Contrail, the undersigned warrants that (1) Buyer's Credit Statement submitted herewith fs substantially true; (2) Buyer was legally competent and authorized to contract at the rims d the exst:trtioa d said Contrail: (3) this iastntment arose from the bona fide sale, delivery and installation by undersigned of goods, equipment sad labor which beams a part d the alteration and improvement of the Real Property: (4) the Buffer had no right to rescind the above described Conttad or if sud? right existed that due and proper notice d the existence o[ such right was given and such right was not exercised: (S) that the Contractor has correctly stated all disclosures requited under the Consumer Protection Act and has correctly completed the above Contract, includitg the computation d the finance cha•Ee and the annual percentage rate: (e) this instrument and all guarantees submitted in oonnetKion therewith are in all respects legally enforceable against each d the purported signatories thereof; (9) title to the realty into or upon which the }come lmprovs- ments were installed will be vested in the Buyer free and clear of alt mechanics', marterfalmen's and other similar Herts. lodgment liens and. except,as may be specifically notified by undersigned to Holder in writing or in Buyer's credit application, all other liens or encumbnaoes ' whatsoever; (t0) that the description on the mortgage which-has been executed pursuant to this agreement, correilly sets forth the~descriplion d the Real Property upon which the Home Improvements are to be made: and (t)) the undersigned has the.righl to assign this instrument sad there- by convey good.titk to it sad to its lien on said Real Property. Further, the undersigned hereby assigns to Holder all its interest in said instruments-and'any guarantees thereof and/or any mortgagee, other collateral or additional security which secures this Contract and authorizes Holder to do everything necessary to wllect and discharge the same. With respell to any guarantees, mortgages, other collateral or additional security, the undersigned makes those wamnties set out in paragraphs - (2). (3). [8). (9). (t0). and (ti) above. - . All the" terms of any existing written agreement between the undersigned and Holder are made a part of this suignrnent by reference and undersigned understands that Holder relies upon the above warranties and upon such agreements in purchasing this instrument. It is expressly provided herein that the commencement and/or prosecution of any legal proceedings against the Buyer shall not release tht undersigned from its obligation hereunder and the obligations of any other agreement by and between the undersigned and Holder. - The Holder hereby is authorized to correct any and all errors in the Contract. If any claim is asserted by Buyer against Hodder based upon breach of any wauarrty of Contract to Buyer as to the Hq~e Improvements or the use of wch improvements. whether the warranty is expressed or implied or arises by operation of law, then Contractor shad, upon request of Holder, immediately tepttrctwe this Agrceotent for an amount equal to the unpaid principal bahnce. 4~~'4 Dated . t~-. (contractor) ~ 1980 .iu~ 30 ~ rt= S4 By: ' fitASSIGNMFM For ~-alue receive th_e property therein described and aH right, title and interest of the undersigned are hereby sold, assigned and ttl~~IEO and its sucr:essors and assigns under the provisions and wvenants of service-dealer contracts in effect betyveen the undersigned and Holder. ' Uatcd .19 i (Assignor) ~ 'e