Loading...
HomeMy WebLinkAbout1547 ADI>tT10NAt. ~QVNf10Nfi r t. ~11yK obeli keep do Rwl Property w4idt sac4ns a4I? gltrMt pNrwwt M this GorNtaet (t!s "RBAL Pfi0p~R1'Y" l ~tily a~alrat fiw and ttdtac aswlty trod say other lnsueaaoa «~y nquMtad by Nobler sad a}tall itttatch Holds with ~ Dopy d weh~ , laaunaoa pdiry.lln lasttraaoa shall ba is a form, ataount sad written iawron povida that byl acoaptabla to Holder sad shall ~ ao~r pa~la tltarwrtdac tthall ba payabls b Huyet sad HoWsc as thtttr fataraat stay appear. sad that Sao set or dttisnk by -tryst shall prraNdlp HHoo1dar'a riabt to t}ta Iawttwo~pfocNds.:Holda~. q a cgdita of Buyer. is authorized to puecluaa say web iatuiaaotr at 6uyar'a ~cpntat U Buyac tal4 to do a0. whither a aril included herein, sad Buyer egress to pay "Holdtx tin eoM,o1 tba I>~gta tttg>t>ir~ d»'~atwttK - thacaoa at a rata ar}wl to the raM charted oa tM original not.. lr Holder seams it necessary. if may wtod say iwurartoa oa aaW .Red . sad haw the unesrlted pramitua psi to~HoMer. Boyar hereby stress any inwror wader the CoattaKt to pay arty of ttra lac la thta paragraph directly to Holder sad hereby-appofats Holder Attorney-ia-Fact. for Buyat. to wdasa aqy dtsfl ps~r~aq}?.ftwtar. Holder aBnss to appbr such rnt proca.r}.:to tbs plsYtttaat d ia~4nents dw err to become dw undsr.lbia Coautd. " T. Any Nola Riven Ih connection with this Contract shall be evidena+ af, and not payment of. the obligation provided herein. ! ~ _ 3. Buyer covenants and warrants tMt: (i) the Horne fmprtfvtments provtdcd for to this agreement are befn(t putchasild for use by Buyer. (bl until all payments under this Contract Irava bwn rarest. the Real-Property shall-not bs sold, trenabtted, enr:unnbered, twr used raRularly by one other than Buyer srithott~ptior written cunsept of Ngkter; {c) the_ Real Property shall na ba used for soy uniaw(ul purtwses: ldl throe is ot• • is to be no extension o[ credit is connection with the sale of the Property improvements hereiq described othar,tlNn that widtncstd by tht'~, Contract; and (e) Bu_rer alrall obtain all necessary govertrrtrerN pertgita and slwll male tx bear ail expense o{ makirgi charges to his R~1~ Property required by [acv or government regulation. 1. Buyer shall be in default if he breaches any obtiga~ion, agreement, wamnty or covenant wntained in this Contract: or (al if Buyer shalt ba iq defsujt as to anV other indebtedness owed to tlcttder; (b} upon death of tiny Buyer: (c) If any material warranty a statement made herein by Buyer is inoorroct a false: (d) the Real Ptopeety is levied upon. ssiued 67? judicial a legal authority of title or poasesion is tnastelred rolua tardy or involun?arily b a receiver: trustee, or to another by operation of law: (e} if Buyer shalt become ir?solvant or mob an asslgntttsnt for the benefit of creditors: (Q if sayer shall institute or it there shall ba instituted against Boyar aay_bankrgptcy. itraolv.acy, rerorgenitr,Nioa,. arnngemant, or any other debt adjustment, bankruptcy, or liquidation proceedings: (g) if-the Real Property shall- ba subjsG !o any.oaadan?~ nation or foreclosure proceedings: (h) upon the loss, substantial damage, destruction, sale or unatrthorised srrarmbrerrae of` the Real Proprrty: or (i} if Holder otherwise deems its security interest. the Rsal Property, or this Contract, insecure or IM Rad:Proparty in danger d misuse or t~nfisation. . S. Upon the otxartrencs of any event d default, the Holder may declaro all installments due or to become dos and *ny other wtru lawfully dw under this agreement immedirte!y due and payable. . 8. Contractor shall not ba liable for delays or .tiaroages nosed by strikes, material a labor shortages or•other wnditions beyond conttsctor's control. Contractor aswmes no responsibility for seeking any license, permit or autlrorl7atioa b stn the work. labor and services P~~ for herein. - 7. Boyar sad Holder a~grae that tba raquieesraot d reasooabla notice will bs met J any aotiee tagrrL~id to be givsn under this agraaroaot err by thh lawn d tbs State d Fforidi. d asallsd b eb. other party a the addrea paled In this Contract (a etch otbac addreea deNBot>ted by drat tarty fa writing) d least l0~dgs prMr b tbfa takta~ c~ any action. - ~ . a. Buyer shall ppaey all fees and costs in oonnedion with the protection of Holder's lien.. including the expenaq d gll taxes. documta~ary stamps and other offitiisl tees payable by reason d this Contrect. 9. Contractor may assign this Contrss. Buyer agrees thst scceptance by usignee d an auignment d this CotMrad slrali not impose upon . - assignee any obligation of any liability for the breach d this Contras. In connection therawilh. Buyer authorises Holdsr•b rolsass b wdit buroaus, credit interchanges and other grantor d credit such information relating to this transaction and Buyer's credit worthinaas errs may be determined pertinent by Holder. Buyer further authorizes Holder to mail to Buyer any aadit rats. goupoa book a si>ailrr dsvioa ioc purposes d establishing the Buyer's identity acct credit. 10. The waiver by Holder: d.any default corder this Contract shall not constitute • waiver of any subsequent default. ' t]. This Contract shall be construed in aooordann with the laws of the State d Rlorida and constitutes the entire agr4enrent between Contractor. Holder acrd Buyer and no oral modi8ntion hereof shall be valid. Any provision or paregaph of this Cflrrtres found b be'lnvalid under' applinbb law shall be invslid only with respect to the oltiending provision. ASSIGNI~tYI' AND WARRANTY ~ - ' For value received, receipt d whist hereby is acknowledged, the utrdenigned heroby assigns b: - (earns sad address d areignee) its wccessors and assigns, hereinafter railed "Holder", the above agroement and all right, title and interest in and to the Real P?opestjr desuibed; all monies dire and to become due: and all rights and ron?edies under said Contres with power in Holder to assign the same, either is ib own name or in the name of the undersigned, [or the Holder s exclusive benefit: and to take all such legal or other necessary sdba is undersigned might have taken, save for this assignment. To indrres the Holder to purchase this Conlrect, the undersigned warnnts thtl (t) Buyer's Gtiedit ~ Statement wbmitted herewith is substantially true- (2) Buyre was legally competent and authorized to ooatract at chi tams d the exarvtion of said Contract: (3) this instrument erase from the bona fide sob. delivery and installation by undersigned of goods. equipment,aad labor which berme a part d the alteration and improvement of the Real Property: (4) the Buyer had no right to rescind the above described Contract or if such right existed that due end proper notice d the existence of such right was given and such right wss not exercised: (S) tint the Contrarsoc has correctly stated all disclnures required under the Consumer Protection As end has correctly completed the above Contract. facttrdit~ the rurrrputatipn of the finance charge and the annual percentage rate: (9) this instrument and all gusraiitees submitted In aoerrection tlterervith errs' j in sN respects legally enforceable against each of the purported signatories cheroot: (9} title b the malty into a upon which the Horne Improve menu wero installed wtt1) be vested in the Buyer free and clear of all mechanics', rnarterialmen's and other similar Ilene. judgment liens and. except _as may be specitcally rsotified by undersigned to"Holder in writing or in Buyer's credit applintion, all other liens or errcutnbrantxs whatsoever(10) that the description rxt the mortgage which has been executed pursuant to this agreement, correctly sets forth the drscriplien d the Real Property upon which the Home Improvements aro to be made: and (tp the undersigned has the right to assign thisinsttunrt:nt sad theea- by convey good title to it and to its lien on said Reel Property. Further. the undersigned hereby assigns to Holder alt its iaterost in said instruments and any guarantees tlrereot and/or any.mortgagat, other collateral or additional security which secures this Contract and authorises Holder to do everything necessary to collect and discharge the same.. With'rospes to any guarantees, mortgages, other collateral or additional security, the undersigned makes those warranties set out in paragraphs 121. (31. Igl• (9}. It01. and (tt) above. Ail the terms of any existing written agreement between the undersigned and Holder are made a part of this assignment by referertoe eras undersigned underotands 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 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 L asserted by Buyer against Holder based upon breach of any warraaty of Coerced to Buyer as to the Norse lmprorements or fire i -use of wch improvements, whether the wutanty h expressos or implied or arises by operation of lea, then Costtador sin)i, upon tequdt o[ Holder. ~ immed'utely repurchase this Agreement for an amount equal to the unpaid principal balance. Doled fiL.,.;~,~. ; ~ (Contractor) 3 i F{kEp ?NG R€COR~O ~r STS I~IC~ Pwu~'TRA~A~ r CLERIC CIRCUI,T~~QUIT REASSIGND1~ffM fIE~ORO VEfiiF1ECCQn~`------- ~s For value receive the wrthrn tact end the property therein described and all right. title and interest d the undenigoed are hereby sold. asKigned and transferred to and its sucr:essors and assigns under the provisions and covenants of service-dealer contracts in effect between the undersigned and Holder. i lkrted .19 ~ ! (Assignor! 'j ~ iM w _ Btu ! .