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HomeMy WebLinkAbout2793•ECUI~ITY A01~EEMEfIf ICONUIf~ONAL SALEf CO-rTIi~~T1 VNIi011M COMMEI~CI~I CODE 11N0. Oq CORP.) ~ecurit~ ~lgrtemeitt ((.'iONDI7701VAL SALF.S G'ONTRACT) ~ht8 ~lgreement, made che Tenth day ot ~ebruary, undet the la~rs of the state of Florida ~etiUeelt Maria M. Sanders. 19 81 Buyer~ herein called the Deboor vhose business address is (if none, ~rrice "none") 2729 Morningside Boulevard Port St. Lucie. Florida 33~52 and ~vhose residence address is 809 Texas Court. Fort Pieree, Florida 33~+5~ and Ann B. Greene Seller~ hetein called d~e Secvred Party '.~hose add:ess;s P.O. Box 441. Jensen Beach, Florida 33457 ~ ' ~ ~itllt'SSCt~~: ~ The ~ecured Parcy heceby agrees to sell and hr,eby sells, and the Debtor hereby aarees co buy and here~y buys upon ~ the cenns seaced bclowr the propeny described in the schedule herein (hereinafter called the coll~teral). w~hich coll~ceral !~ the Debtor represencs will be used primarily ~I ~('erper~onaf'fem*IT'or~raehotd~mposlr ^ itr farmi~~per~tiotrs ~ in business orotfretast ~~ .vhich Debcor a rees ~o a to t6e Secu~ed Parc as folb~rs:. !( at thc agreed price o( = 2~~ 0~0. ~~ S p y y =---------- `i e~elire~aerhercef; e~ete~eipt~vfiereofiis-ktereby-xelrnII~vfed'6ed-gn~e~ebal+mcrin 120 successive~2$~.9rj in' ; staiiments as evidenced bp a note or series of notes of tven date herew~ith until tAe balanct of =2O ~ ~~ U ~' together with interest shall have been paid in full. As securicp for the said indebcedness and also ~o secure sny other indebtedaess or tia~ilicy of che Debtot to the ~rcured k'arty direct or indirect. absolute or contiogent~ due or to become duq now+ ezistina ot hereaher arising, (all hercirafcrr called the "obligacioes") Debtor hereby arants and conveys to the Secured Party ~ purchast money security interest in the coltatecal, 311 proceeds thereof. if any, and all additions end accessioas thereto. DEBTi7R WARRANTS, COVENANTS AND AGREES AS I~LLOWS: ~ i~o pay~ and perfocm all of the obligacions secured by this a~reement accotdin6 to their certos. , ~)n dems~d o( the secured party to do the (ollo~ving; ezecute any wrritten aateemeot or do any othet acts necessary to effectuate ~he pur{wses and provisions of this agreemeat, s:ecuce soy instrumeat or satement required by law~ or other~rise in onier to perfect, con~inue oc terminate the secutity interest of che Secuted Party in the collsteral and pay •1l costs o( filinR in connection therewi:h.. To recain possession of the collateral during the ezistence of this aareement and not to sell, ezchaage. assign. loa~, ~ deliver, lease, mongage or other*rise dispose o( ssme ~vit6out the w+ritten conae~t o( the Seeured Patcy. To Iceep the collateral ac thc location speci(ied in thc schedule and not to temove same (ezcept in the uswl coutse of « business for temporary periods} without the prior ~rritten consent of t6e Secured Patcy. To keep the collateral ftee aod clear o( a11 liens. chacges, tacumbcances. tszes and assessmmts. To pay~ wrhen du~, all ca:rs, assessments and liceose fees rela[ina to the colleteral. ' To Iceep che collaceral insure.i againsc loss by fire (includina e:teoded coverage)~ eheh aad ocher i~.zsrds •s ehe Secured F'atty may tequire and to obtain collision insutance if applicable.Policies s6a11 be in sucb fotm aod amounts and with such ~ companies as the S~cured Party may designate. Policies s6all be obtained from respoasible iasutors suthorized todo ` bus~ness in this state. Certificates of insurance or policies. payable to th~ respective psrties as theit interest may sppear. ;: sha11 be deposited with t6e Secured Party w~ho is authorized. but under no duty. to obtain such iasurance upon Failure of ,; the Debtor to do so. Debtor shall give immediace ariccen ~otice to the Secured Patcy and to iasurors of loss or damage ~~ to the collatetal and sha13 ptomptly (ile proo£s of loss with insutors. Debtor heteby appoints t6e Secuted Patty the attoroey for the Debcor in ob:aining, ad~uscing and cancelling anp such insurance and endotsing settlemeot drafts and hereby a~signs to the Secured Patty al( sums which may become peyable under such insucance. includiog retum premiums and ,~li~•idends, as additional security for the indehtedness. To lceep the colla~eral. at 1)ebtor's own cost and expense. in good repair and condition and available for inspection by i thr Secured Patty at all reasonable tirt:~s. ~~ Until full performance by the Debror of the obligations hereunder. the Secured Party shaU tetein and the Debtoc shall ;` no~ r,btain title to the collateralsheteby sold. ~ "Io immediately nocify the Jecured Party in wciting of any change in or discontinuance o! Debtor's pl~ceor places of i~ business and/or [esidence. '~ 'I1iat if the collateral is to be attached to real e~tate~ a description oE the real estate and the name and addtess of the i~ record owmer is set fotth in the schedule hecein; if the said collatera! is attached to rta! estate ptior to t6e perfection of !~ the security interest granted hereby, Debtot w~ill on deman~ o( the Secuted Patty fumish the latte~ ~rith a disclaimet oc dis- ~ claimers, signed by al! persons having an intecest in the teal estate. o( any intetest in the collaterel which is priorto i Secured Patty's interest. ~ THE PARTIF.S FURTHER AGREE Notes, if any, executed in connect~on wich this agteement. are sepatate insttuments and may be negotiated by Securcd • F'arty without releasing nebtor, [he collateral, or any guarantor or co-malcer. Debtoc coasents to sny eztension of time of ~; payvnent. If thete be more than one Dehtot. guarantor or co-maket o( this aateement or of notes secured heteby, the obliga- ~ tion of all shatl be primary, joinc and several. 9~'aiver ot or acquiescence in an} default by the Debtor, oc failute of the Secured PaRy to insist upon sttict pec(otmance ~! by the Debtor of any warranties or agreements in this secutity agreement. ~hall not constituce a~rr~~er of eny subsequent ; or other defaulr or (ailure. Notices to eithec patty shall be in wricing and sha11 be delivered personally or by mail sddreased to the partyat the ~ address herein set fotth ot otherwise designated in writing. , ~ Tl~e Uniform Commercial Code shall govem the rig6ts~duties end temedies of the paaies and ony provisions herein de- i i clarcd invalid urtder any law• shall not invalidate any ot6er ptoviaion or tbis sgrtemeot. t; The followring shall constitute a default bq Deb!oC. ; Failure to pay the principal or any installmrnt of pfincipal or oE interest on the indebtednesa or any notes wheo due. ; Failure by Debtor to comply w+ic6 or pecform any pro~~sion of thia aareement. Ealse or misle~ding representations or ~ warranties made or given by Debtor in connection writh this aareemmt. Subjectioa o( the collrteral to lery of ezecutioa or i other judicial process. Commmcement of any insolvtncy proceedin6 s by ot a~aiost the Debtot. Death of the Debtor. Aoy I! reduction in the vafue of the collateral ot any act of the Debtot which impertls t6e prospect of (ull petfoanaoce ot satis- ~+ faction of the Debtor's obligations herein. f i Upon any default by the Uebtor and at the option of the Secured Party. the obli6atioas secured by t6is aateemmt shall !i ~mmediately become due and payable in full aiehout notice ot demand ~ad the Secured Pattp ahall ha~e all t6e tiahts, tem- edies and privileges .vit6 respect to repossession~ tetention aad s~le ot c6e collateral and disposition of the p~oceeds as ? ate acco~ded by the applicable sections of the Unifoan Commercial Code tespectin6 "Def~ult" ~ Upon any default and upon demand~ Debtor shall as3emble the collatet~l aad make it a~ailable to the Secuted Patty at ! the place and at the time designated in tl~e demand. I Upon any default, the Secured Pacty's reasonsble •ttomeys' fecs and tbe Iesal a~d othe[ e~peases fot punuina~ I~esrching for, recei~ing~ ca~in$. lceeping~ seocin~~ ad~ertising and sellina t6e collueral s6a11 be char6 eable to the De6tor. I The Debtor shall remain I~able (oc any deficieacy tesultio6 from a s~le of c6e coll~tenl ^od s6all pay aay suc6 de- ` ticieacy (orthwit6 on demand. If theDebtor shall default in the perfocmance of an~ of tbe pw~isions of this ~ateemeat on t6e Debtot's part to be peo- formed, Secuted Patty may petform same tor the Debtor s aecount and any monit• espended in so doins s6~11 be c6~r6eable ~, with interest to the Debtor and added to the indebtedness secuted heteby. i! The Secured Patty is hereby authorized to file ^ Financiog Ststemenc. - ~ '`~~ ~ ~~ ~. t~ ~ ,,~~. ~.~ _ .._ , . °' ;;..';K343 e~cE2791 ~ _ ti ~:~ ~; ' '_~s , . - AANICO iOR~I ••