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Home My WebLink About1551 AODfl10NA1. lROVtlslOtrli 1. Sttysx ~ keep Ilea Raal Pt"oparty wltia~ ttetextrsa soy ~p l(1?oe pYrwtaM to lbb Gootras Itha "REAL PItORIlTY"~ Atlly` Ia~ttnd ttRalaN Ma alts ettlttar aswlty std artq other ittwranos nr~i~otaWy rpuspd b!? Holder and Mall furnish Holder with • copy d slid, eraMd . , . insurattoe policy. 71ta teaurattca shall bs in • form. amount sad wdlten bll insurors aor:eptable to HoWst and abaU psoride 1hN sa prvoaetls ppaayabM Ihsnuadet sltal! 0a payable to Betyer sad Holder w thsk bttsnst racy appear. sad that wo ae;l or defwlt ry Sttyes aMU prrt~ttdioa Noldar's right to tlta Ituvtrtnoa ptaaaatte, Holder. as a essdito~r Vt Buyer. 4 wthaised to pttr~cluse qty each iustteaga a1 Buyer's socpsstas fi Buyer tai4 to do so. whether or tort includd herein, and Buyer aRna to pay Holds, tM nosl.d that lrrsusaetos IowHat wilt, IM itNsssrt . ,bacon at • me peel to the eta charsed oa the oNgind rota. It Holler deems ft neoasary. It may cancel any tnwrena oo acid Rss~lP~owr and batro 1M ttneamd premlttm paid to Holder. Buyer hereby direrss any lrtautor under thb Contact eo pad stty d tba payu~sat~ far la fhb paragraph diecUy a Holder sad hacsby appoints Holder Attorrwyia•Fas for Buyar.lo endorse any.dtaA.paydlN by any inwt~. Holder grace to apply such net proceeds b the peyetrnt of iaaWlments dw a to beex?me due under this Coated. - 2. Any Note given In connection wUh this ('.nntrail shall bra evideucr. rit. and not payment ot. the obligation provided heroin. 3: Buyer covenants and aarcants that: (a) the home lmprovemen(s'pra~•ideed for in this agrsemeeni are being purrhssed tot use by Buvet: (bl.until all payments under this Cexrirail have been misc. Me Rent Protwrty shall nc?t be veld. transferred. encumbered. rNr used tergtelarhr by one other than 9uver without prior.writtetn 4Qrrseret e>( Holier; tcl the Rua! Property alwll not be used for any unlawful purposes: Idl they is or is to be no axteneion of credit in oonneclion with the sale of Iha Propexty Isuprovemeeeis herein dsaribed other tMn that evidenead br Reis Contract: and (e? Buyer shall obtain all necessary government permits and sMll make or bear all erxpene» d tanking charges b his Real Property required 6y law or govermeent regulation. - 4. Buyer shall 6e in default it he breu-.hes any obligation, ~greeenent, warranty or oovrnartt contained in this Cuotracf: W (al ii Buyer shat! ba it? ` default as to any other indeWodness owed to Holder: (b) upon death of any Ruysx; (ci if any material warranty or statement made herein by Buyer is inoorrsK.i a talcs: (d) glee Real Property is levied upon, seized by judicial nr legal authority or title a possessbn n tensterrad viler,- tartly or involuntarily to a receiver. itteatee. or to another by operation of law; lei it Buyer shall become insolvent or make an assi><nmetsf for the benefit of creditors: (p if Buyer chap institute or if there shall be irutitutesd against Buyer spy bankruptcy. (nsolvsncy. reorgaetuWiQa.• amngemortt, or any other debt adputment, bankruptcy, or liquidation proceedings; (g) if the Roil Property shall be subNd to an coadsrrl= nation or fasclosuro proceedings; (h) upon the IoaE: substantial damage, destruction, sale or unauthorized encumbrance of the Real Property; ex (i) it Holder otherwise deems ib security interest, the Real Property, or this Contract, inascern of the Real Property in danger d misuea or e:onfication. S. Upon the ocrxrtrerics of any event of defauN, the Holder may declare all installments due or to become due and any e>theer sums IaNrfully sass under this agreement immediately due and payable. 6. Contrsctot shall not be liable for delays or damagees cawed by strikes, material or labor sl.ortagesor othx conditions beyond conttedor's control. Contractor assumes no responsibility for seeking any tiebnse, permit or authorization b do the work, labor and sarvietes provided for herein. . 7. _ Buyer and Holder agree that the rpuitetowtt d reasataWs notice will be mat it any aotiae rpufrd b bs given uodse this apetemaot er by the laws d tbs State of Florida. b mailed to ehs other party at -the address stated in this Contract (a arch other address dasiRoaid by that party itt wilting) at least 10 days pilot 6o Ws taking of any action. e. Buyer shall pay all fees and costs in oonnedian with the protection of Holder a lien, including the expense of all bzef, documentary stamps and other official-fees payable by reason d this Contras. 9. Contractor may assign this Contact. Buyer agrees that acceptance by assignee of an assignment d Uis Contrail shall not impose upon assignee any obligation of any liability for the breach of this Contract. in rnnneilbn therewith. Buyer anthoritoes Holder to release b eaadit bureaus, oast, interchanges and other gnnteers of credit such intormstion relating to this traressdioa and Boyar's aedit worthiness as ,nay • be determined pertinent by Holder. Buyer further authorizes Holder to mail to Buyer any caedit card, coupon book er similar devise for purposes e>< establishing the Buyer's identity sad credit. . 10. The waiver by Holder of any default under this Contrail shall not eanstitute a waiver of any subsequent defiufl. 11. This Contrail shall be construed in aooordaaee with the laws of the State of Florida and constitutes the entire agr4ematt between Contractor. Holder and Buyer and no oral modification hereof shall be .slid. Any provision or paragraph of this Gontnil found to be inwlid under appllable law shall be inwlid only with respect to the ottending provision. ~ - • ASSIGNMFM AND WARl1;ANtY For value received, receipt d which hereby b acknowledged. the undersigned hereby assigns to: (name and address of assignee) I'~ its successors and assigns, hereinafter 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 Hghts and remedies under said Contrail with power in Holder to assign the same. eitherr in its own name or in the name of the undersigned, for the H61det's exclusive benefit: and to take all such legal or other necessary silica as undersigned might have taken, save for this assignrreent. To induce the Holder to purchase this Contact, the urrdenigned warrants that (1) Buyer's Ctsdri j Statement submitted herewith is substantially true: (2) Buyer was legally oomphtent and authorized to contrail at the time of the e~oacertion of said Contrail; (3) this instrument arose from the bona fide sale. delivery and installation by undersigned of goods, puipoent and labor which ~ berxme a part of the alteration and improvement of the Real Property: (4) the Buyer had no right to rescind the above destxibed Contract err ii such right existed that due and proper notice of the existence of such right was given and such right was not exercised: (S) that the Cattrador has correctly stated all disclosures required under the Consumer Protection Act and has correctly completed the above Contract, includinagg the computation of the finance charge aced the annwl perex3ntaga rate: (e) this instrument and all guarantees submitted in oortnedion therewith are in all respects legally enforc~ble against each of the purported signatories thereof: (9) title to the realty into or upon which the Home Improvs• meets were installed will be vested in the Buyer free and clear of all mechanics', marterialmen's and other similar liens, hrdgment Items and. except as may be specifially notifeeed by undersigned to Holder in writing or in Buyer's credit application, all other liens or encurnbettoea whalscever. (10) that the description on the mortgage which has been exect;tsd pursuant !o thfs agreement. correctly sets oCZth the description d the Real Properly upon which the Home Improvements an to be made: and (l1) the undersigned has the tight to assign this instrurnetet sad there- by convey good title to it and to its lien on said Real Property. - Futiher. the undersigned hereby assigns to Holder all its inlerewl in said instruereatts and any guarantees thrreot and/or any moetgagees, other collateral or additional security which secures this Contrail and authorizes Holder to do everything necessary to coiled sad discharge the same. With respect to any guarantees. mortgages, other wllatera) or additional security. the undersigned makes those warranties set out in paragraphs (2l, (3?, (8). (9l. (101. and (11) above. - All the terms of any existing written agreement between the undersigned and Holder are made a part of this assignment by reference and undersigned understands chat Holder relies upon the above wamnties and upon such agreements in purchasing this instrument. ft 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. 'Che Holder hereby is authorized to correct any and all error in the Contract. ! If any claim is asscrtod by Buyer against Holder hued upon breach of any rvarrsnty of Contract to Buyer as to the Home Imparovements or the use of such improvements, whether the wunnty is expressed or impiiod or arises by operaYton of lea, then Contactor shag, upon request of Holder, immediately reprrtchase this Agreea?ent for an antourtt equal to the unpaid principal balance. llated ~ , t9 I Q~ ~C - ~ ~W .MCP ~ 2 ~ ~ Z (Contractor) By. FILEO +'tEN[QFfCOyRMO S RO4~R PO~ITRA~A. - v aEwc talcutt~ R~ASSlclvl?~Nr For ~•alue rece~~~~~~i~ir>~wr~'amd•tlreproparty therein described and all right, title and interest of the undersigned are hereby sold, . asxigned and transferred to and its successors and assigns under the= provisions end covenants of service-dealer contracts in effect between the undersigned and Holder. Dated . to _ (Assigrar) ey- ~