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Home My WebLink About1250AnornoNAt.IMlovtsloNfl i .~ 1. Euyrar shall keep tM Raal Property which secures say matgya glean purtttwtt to fhb Cortltad (the "REAL PROP61tTY") t~uy Issued agalaN Ate and otMt casualty and any other insurance reasonably requested by Nolder and shall furnish Holder with • Dopy od such wild insurnnoa polity. TAa lnstuanos shall be in • form, amount and written by1 insurers acceptable to Holder and shall provide that an~r prooaada payable thanuadat shalt ba psyabb to Buyer and Noldar a thslt Interest may appear, sad that •ao ad a default by- Buyer atoll pre~udip Bolder i right to the tnsuraaca proceeds. Holder. as a creditor of Buyer. is authorised to purchw agyr such iaatuanca al Buyar'a axpetw U Buyst fails to do so, whether w not included herein, and Buyer agrees to pay Holder the coat otT IM igaupttoa together with the ~stwNt thereon N • rats eqw) to the me charged nn the original note. !f Helder deems it necessary, It may carrel say fasut'artce on said treat ProgpaRttyy and Mve the unearned premium paid to Holder. Buyer hereby direcb any insurer under this Contract to pay any a( the paytrtenb provldad for in thu paragraph directly to Holder ar,d hereby appoints holder Attorrsey•in•Fact for Buyer, to endorse any dttth payable by say Irtstuvr. Holder agrees to apply such uet proceeds to the peyuunt of installments due or to become due under this Contract. ? Any Note given in connection Nlth tF.l, ta,ntrac t ,h.,ll lk- . ~ :aen+ • of and nut l,a+n,crnt ul Il„• c}blsKatn,n pnn,ded hf•rrsn 3 Auer : ovenaMs and ++arranh that (a) the Hnmr tmrr„~ ~•m.•ncc pmcided f~~r in this a~reemart am being pu:cha:rd fur rase Ia Ru+er lh) until alt pas=i+ants un+ler this (:untract Katie tx~.rn made. the Kral Pr+,t,rrty alai! not tx: wld. translr+aed, encumbered, rstu +.a+:cl regular':v by one other than Buyer rvsihqut prur +,rli!ajs c•.wa~nr ut bu{aar sal the K..ti t'*:,pertc shall Iwt tae ua+:d for any un, eNiul pury+„<•s sd- there s or ,s to be tw rxlr.~:+iun of r rr+ht sn cuuna.t,t n Nith tht „l+r u( the- Pn:i,.:rty insi,ns~cn,ent5 i;.rtlR dfsat,lx,d oti.er than that av,denoud by this f:=•nHeet. and (cl Bv~et slsall cN:taut aN nru~san• Ku.erlus,ant ;,erm~ts suet •:i,ait ,uaAr ar hear al; as.pense ~z( mal.,ng :ha=µes to his Resl NnsNerty rn;uurd ht la++ ur k,wenlt,•r,st re.t;ulaht,n. ~ l3uyi•t stall tx In defauU if i,r brea=hr.= any uf,l~~at,.,n, nKC,.r•.u~nt +. a:ranty ur •.u~cna,,t iu,;le+nc:.' ,n ibis te,sara+.1. ur (a) d H+,yer stall I,e ,n detauit as to any other indebtedness owed to Holder: fhl upon death of any Buyer (c-I if an}• material wr::aniy or statement made herein by Buyer is int:curecl o- false: ld) the Reel t'mt,rrt• iS ie+ied upon. sei7xd b>, tudiual a regal authority or title or possession is trsnaterrerl volun- tarily or in+olunlaNly to a rx+:e,ver. trustee, or to another by upciatiun ut IaN, lei U Buyer shall become insolvent or make an assignment for the benefit of creditors. (1) if Buye: shall ,nstetute or ,f there shall be instituted against Buyer any Wnkruptcy, insolvency, reotganizalion. amngement. or any other debt adjustment, bankruptcy, or liquidation pror:eedings: (g} it the Rwl Property shall be subject to env condem- nation or foreclosure ptocerdings. (h) upon the loss. substantial damage, destruction. sale or unauthorised encumbranu of the Real Property: or (i) if Holder otherwise deems its se.:unty interest, she Real Property, oc this Contract, insecuro or the Real Property in danger of misuse or confiscation. S. tlpor- the occurrence of any event of default: the bolder may declare all inatallrnerrts due or to become due and any other sums lawfully dw under this agreement immediately due and payable. 5. Contractor shall not be liable tar delays or damages nosed by strikes, material or Tabor shortages or other conditions beyond contractor's control. Contractor assumes no responsibility for seeking any license, pe.nrit or authorization lo~do the work, labor and services provided for herein. 7. Buyer and Holder agree Wat the requirement of reasooabb notice will tw met if any notice csq!tired to be given under this agrsemea! a by the 4ws of rho State of Florida, b mailed to the other parry at the address stated in fhb Contract far suds other address desigwted bye that party in writing) at least 10 days prior to the taking of any action. - e. Buyer shall pay all tees and costs in connection with the protection of tlo!der's lien. including the expense of all taxes, documentary stamps and other official tees payable by reason of this Conlrscl. 9. Contractor may assign this Contract. Buyer agrees that aaeptance by assignee of an assignment of this Centred shall Trot impose upon assignee any obligation of any liability for tke breach of this Contract. In rnnnection therewith. Buyer authorizes Holder.to release to tYedit bureaus, credit interchanges and other grantors of credit such intursnation relating to this transaction and Buyer's credit worthiness as may be determined pertinent by Holder. Buyer further authonu•s Holder to mail to Buyer any credit card, coupon book a similar device tot purposes of establishing the Buyer's identity and Credit. 10. The waiver by Holder of any default under this (:ontract shall not constitute a waiver of any subsequent default. t t. This Contract shall be construed in accordance with the laws of the State of Florida and constitutes the entire agreement between Contractor, Holder and Buyer and no oral modifecation hereof shall be valid. Any provision or paragraph of this Contract found to be invalid under applicable law shall be invalid only with rasped to the offending provision. ASSIGNMENT' AND WARRANTY cor value received, receipt of which hereby is acknowledged, the undersigned hereby assigns to: inane and address of assignera- Its successors and assigns, hereinafter rolled "Bolder", 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 Contract with power in tio:der to assign the same, either in its own !lame or in the name of the undersigned. for the Holder's exclusive benefit: and io take all such legal or other netessaryadion as undersigned might have taken, save for this assignment. To induce the Holder to purchase this Contract, the s,ndersigrud warrants that (t) Buyer's Credit Statement submitted herewith is substantially true: (2) Buyer was legally competwnl and authorized to contract at the lime of the exscutien of said Contract: (3) this instrument arose from the bona fide sale, delivery and installation by undersigned of goods, frquiprnent_and labor which became a part cf the alteration and improvement of the Real Properly: (4) the Buyer had no right to rescind the above described Contract or if such tigh! existed that due and proper erotica of the existence of such right was given and such right was not exercised: (S) that the Contractor has correctly stated all disclosures required under the Consumer Protection Act and has correctly completed the above Contract, including the :omputation of the finance charge and the annual percentage rate; (8) this instrument and alt guarantees submitted in connection therewith are in ail respects legally en(orceabla against each of the purported signatories thereof: i9- title to the realty into a upon which the Horne Improve- ments were installed will be vested in the Buyer free and clear of a!! merhanirs'. tnarterialmen's and other similar liens. judgment liens and, except as may be specifically notified by undersigned to Holder in writing or ~r Buyer's credit application. ell other liens a encumbrances u•hatscever: (10) that the description on the mortgage t.hich has been executed pursuant to this agreement. correctly sets forth the description of the Reai Property upon tvhic:h the Home Improvements are to be made: and (1)) the undersigned has the right to assign this instrument and there- by convey good title to it and to its lien on saki Real Property. Further. the undersigned hereby assigns In Holder all its interest sn said instruments and any guarantees thereof and/or any mortgages, other rullateral or additional security which secares this Contract and as,thonzes Holder to do everything necessary to collect and discharge the same. ',tiith respect to any guarantees, mortgagee, other rRllateral or additional security. the undersigned makes those warranties set out in paragraphs 121.131. (tl). (9), fret. and i t t) 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 that Holder relies upon the above warranties and upon such agreements In purchasing this instrument. It is expressly provided herein that the r:ommencement 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 betN•reen the undersigned and bolder. The Holder hereby is authorized to correct any and all errors in the (-,ontrac.t if any claim is assCried by Buyer against Holder based upon breach of any warranty of Contract Lo Buyer u to the Home Improvements or the :sc of suc.F. i.:,provrments, whether the .+arnnty is tx; ress_d ur implied or arises by operatiers of taw, then Con~acto~r c~haU upon request of Holder, immedutely repurchase this Agreement for an amount equal to the unpaid principal balance. Ualed `~ ~ _ _.. 19 -- ~ ~ k• (Contractor o ~t Y ~ o ~ By. Fn.EO ~ • tt coRa:o a ~ 3 ~ ROC R P ITRA • ~ p Y CLERK CIRCUIT COURTn -- k °''~ REASSIGNMENT RECORBVFRiFt(t`__ ~••~ F'or value recelyed. the within Contract and the property therein desc ribed and all right. title ar:d interest of the undersigned are hereby sold, as.iKnrd and transferred to -_-- -----._-_ _--_-- -----._-- -___-.-- -_____- , sect its suci.eswrs and assigns under the prin.=si:ins and cw~::ants ~f sc•r•.:ce-sealer '_,r;!racts :r.ft:~r! twt+seen the u^dersigced and Holder. Ualcd ---------- - --. 19-- ----- ------ ____ IAssiFnor) r'R s, i} ~<. - - Q~~~" ~~~ Bv. tC -, __ ~ ~