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HomeMy WebLinkAbout2342 l1DOflIONAL I?tOY1310NS 4• 1. ~tlyt aWl kee~t tlts Real Pteppty which srcttrN soy ~MM pyrw~ttl b this GeatrtlA:t (tM "R!l;A1. PIOOPlsR?Y'y ~flly ' •BSMtM fist and atlter rswlty tread say ether ttuurana nNy requeNed by holder etad shsU furolsl? Holder with • Dopy at stltdt teaeraesas polky,lUe lasuranee shall be la • form. amount sad writtws bl) ttasuran axptable b lbldar tad shall ptotride that gerweds p~a1~M thawutdss shall paya4M b •Ytsyer std Holder as tltate bsterest ~t? appear. atstd shat ~w ad a defwlt ry Sttyss a1w1( ps~s~tdio• Holdar'a triaht b t}ta iasytaaq p1~go4~ds. ~id~t. u a aoditoc of Buyer. D authoriasd to purc6w asy such iawraaas at Httyar'a aocpsnM it Buyer falls to do so. whether a not Included hernia. and ~uyar yraes to pay Holder t~ Qost d tIM lawnoco bBltlgc ~t {IM iehwM thereon at a rite egysl to tM eats charted ors the original note. It Holder deems It naasaary, tt may catsoel wy iasuraitos as said Rawl oopp~ee1lyy and have the wteansed pamfum paid b Holder. Buyer hereby direets easy intturor under fhb Castreet b pey tray d tba payn~ jpnnrldsd for la dais paragraph dirodly to Holder and hereby applsin4 Holder Attortseyio-Fad tat Buyer. to eodOree_any tit~R gyble by iu)? ituuratt. _ Holder sBrees to apply such net Progeds tQ the p.ytusat of itsstslltnsnts due a to btsr;orrw dw under this Contract. 2: Any Note Riven in tonnoclion with this Cnmracs shall be evidenaz of. and Dot payment of, the obligation provided herein. 3. Buyer covenants and warrants that: (a) the Home Improvements proetded torln this agreement are being purchased for use by Buver: (b) until all paymersts under this E.ontrad have been made, the- Real Property shat! nog ba sold. tnnsfemd. encumbered, nat_ used regularly by one dher asap Buyer w.ithoul prior written consent of holder: (q thQ it}':~1 Property shall.not be used for easy unlawful purposes: (d) tt»ro is.or is to be ra extension of credit is connast?oq with the sale of the Proyerty Impro~amenta hereia described other than thN svideptad by this. Contract: and (e) Buyer shall obtain all necessary government permits and shall make a btu s!1 expense of making charges b hits Reel Property nequued by law err government regulation. ' a. Buyer shall be in default it he breaches any.obligatiun, agree~nenl, warranty or covenant contained in thta Contract; or (sj if Buyer shall be in default as to any other indebtedness owed to Holder: (b) upon death of any Buyer: (c) it any material warranty or statement made herein by Buyer is intoned or false; (d) the Rasl Property is levied upon. seized by judicial or legal authority or title or poswsssion is transferred volurM tartly or involuntarily to a reviver, trustee, or to another by operation of law; (e) if Buyer shall baoor:ss insolvent a rwake an sssignnsenl fas the bersefit of creditors; (Q if Buyer shall institute or if there shall be instituted against Buyer any bankruptcy, insolvency, reotgisnisatioa. arrangement, or any other debt adjustment, bankruptcy, or liquidation proceedings: (g) if the Rest Property shall be subject to an .eondatrs- nation or foreclosura proceedings: (h) upon the loss, substantial damage, dearruction, sale or unauthorized encumbrance d the Real t'ropsrty: or (i) if Holder otherwise deems its security interest, the Real Property, or this Contract, insecuro a the Rspl property in danger d misuse a confistwtion. S. Upon the otcutYence d any event d default, the Holder may declare all installments due or to became dw and any direr sums lawfully dw under this agraement immediately due and payable_ e. CotNractor shall not be liable for delays or damages puaed.by strikes, material a labor shoriages•or other conditions beyond oontrador's control. Contactor assumes no responsibility far seeking any license, permit or authorization to do the work, labor srd services provided - for herein. ~ - 7. Buyer and Holder agree that tM trequirement d raasawbls notice wiU bs met ff any aotite required to be givers under this aBresrnent or 67 the laws d the Stab d Floridt4 is mailed to the other party at rise address stated to this Contract (or such other atldraas dasipstsd by that party la writing) at least 10 days prior to the taking d any action. . 8. Buyer shall pay all fees and costs in tonnedion with the protection of Holder's lien, including the expense of all taxes. documentary stamps and other official fees payable by reason d this Contract. - 9. Contractor may assign This Contract. Buyer agrees that acceptance by assignee of an assignment d this Contrsd shell net impose upon assignee any obligation of any liability for the beach d this Contract. In eonneclion therewith. Buyer autlsoHnes Holder to- robase b vedit bureaus, credit interchanges and other grantora d credit such information relating to this transaction and Buyer's txedit wortbineas a may be determined pertinent by Holder. Buyer further authorizes"Holder to mail to Buyer any credit card. ooupoa book or similar daubs ftx purposes of establishing the Buyer's identity and credit. - !0. The waiver by Holder of any default under this Contract :Isall not constitute a waiver of any subsequem default. t 1. 'Phis Contrad shall be construed in sooordanoe with the laws of the State of Florida and constitutes the entire agreement between Gonttador. Holder and Buyer and no oral modification hereof shall 6e valid. My prov[sion or paagraph of this Contnd found to be invalid under • applicable law shall be invalid only with respect to the offending provision. . - ASSIGNi1~N'f AND WAARANI'Y For value received, receipt of which hereby is acknowledged. the undersigned hereby assigns to: ~ytg~ , (name and address of assignse? ''i its successors and assigns, hereiwfter called "Holder", the above agreement and all right, title and interest in and to the Real Property described: all monies due and to become due; and all rights and remedies under said Contact with power in Ho~der 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 alt such legal or other necessary adton as undersigned might have taken, save foe this assignment. To induce the Holder to purchase this Contnet, the underaigned warrants the (1) Buyer's Ctpedit Statement submitted herewith is substantially true; (2) Buyer was legally competent and authorised to contract at the time d rite execvtba d said ~ontad; (3) this instrument arose from the bona fide sale, delivery and installation by undersigned of goods, equipment and•labor which became a part of the alteration and improvement of the Reel Property: (4) the Buyer had no right to rescind the above described C.,ontrad or if such right existed that due and proper twtiee d the existence of such right was given and suih right was not exercised: (5) that rise Contrador f has correctly stated all disclosures required under the Conwmer Protection Ad and has correctly completed the above tontraet, inchrding the computation of the finance charge'and the annual percentage rite; (8) this instrument and all guarantees submitted in oonrser:tioe therewith ate I in ell •respeds legally enforceable against each d the purported signatories thereof: (e) title to the realty into or upon which the Horne lmprove- merits were installed will be vested in the Buyer free and clear of all mechanics', marterialmen's and other similar liens, judgment liens and, except as ntay be specifically notified by undersigned to Holder in writing or in Buyer's credit application. all other liens or enwmbranoss whatsoever; (!0) that the description on the mortgage which has been extxttted pursuant to this agreement, correctly sets forth the description d the Real Property, upon which the Home tmprovetnents an to be made: and (1)) the undersigned has the right to assign this instrament and there- by convey good title to it arsd to its liter on said Real Property. Further. the undersigned hereby assigns to Holder all its interest in said instruments and any guarentees thereof and/or any mortgages, other - collateral or additional security which secures this Contact and authorizes Holder to do everything necessary to collect and discharge the same. With respect to any guarantees, mortgages. other collateral or additional security, the undersigned makes those warranties set out in paragraphs (2j, (3j, (8), (9), (!0). and (11) above. - All the terms of any existing written agreement between the undersigned and holder are made a part of this assignment by referentx and ? undersigned understar~sthat Holder relies upon the above warranties and upon such agreements in purchasing this instrument. ' ~ .r It is expressly provided herein that the commencement and/or prosecution of any legal proceedings against the lluyer shall not release the 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 saainst Holder based upon breach of any warranty of Contract W Buyer as to the Home Improtrements or the use of wch improvements, whether the warnaty is expressed or implied or arises by operation of rant, then Contactor shall, upon request of Holder, iasmaiiately repurchase this Agrecnsent for an amount equal to the unpaid prindpat balance. - Dated - la.___.__. -.fir (Contracor) . t a By. RE~~~FtEO ~ ~ i;BA.SSIGNlbffM For value received, the within Contract and the property therein described and all right. title and interest of the undersigned are hereby sold. assiKned and transferred to - end its successors and assigns under the provisions and covenants of service-dealer contacts in effect betyveen the undersigned and Holder. 1 Uatcd . 19_. - (Assignor? ~ P,~ B,: ~ . _ _ y,~._.