HomeMy WebLinkAbout1078 • ' ;
~ ' • ` • f''~'.~t; ~t`;~7~ ,
roxioutni. rwas i~r.x 1
: ' ~
I
case the $eUer may atso, with0ut. notice to the Buy$r~ rescind this agreement and cancel the inatallment ~
note given parauant hereto and, as liquidated damages for the breach hereof by the Buyer, retain all
paymenta theretofore received hereunder as a fair rental for the u~e of the equipment and~ in addition,
the Buyer ahall pay to the Seller any euma as to ~vhich he is in defautt hereunder at the time posseasio~ ~
of the equipment is taken by the Seller; or (b) t~ke possesion of and remove the equipment in the
manner above provided and, unless other~vise provided by statute, sell the equipment with or without '
' notice at public or private sale~ at which the Seller may bid and purchase, and in auch event the pro- ~
ceeds of such sale, less the expenses of retaking~ repairing, holding and selling the equipment~ including
~ a reasonable sum for attorney's fees~ shall be credited upon the unpaid balance of the purchase price
_ and t~he Buver sh~ll forthwith pay tu the Selier any deticienc~•~ t~ny surplus being paid by the Se)ler to the ~
. Buyer; or (c) recover frorn the Buyer~ a~ agreed damages for the breach hereof, the unpaid balance of
said note, or any renewal thereof. together with interest at the highest rate permitted by law, and in
such event, if the obligations of the Buyer hereunder be not by statute rendered void or voidabie by '
. reason of such authorization, the Buyer hereby authorizes any attorney at law to appear for the Buyer
in any court and waive the issue and service of process and conf~ss and enter a judgment (without
declaration~ with release of errors and without staY of execution) against the Buyer in favor of the
Seller for an amount equivalent to the unpaid princiPal and accrued interest payable on sai~i.unte,,plus
cost of suit, and the Buyer agrees that, if allowed bY 1aw, 10~}'~ of such unpaid principat ~r}~d.,~ccr,(~e~d
- interest may be added to the amoun~ of such judgment as attorney's fees; or (d) pursu~,sny'rei~redy, .
, permitted by taw in tike events. It is understood and agreed that the righta or remedi~es .~iti?en ~hg~ ~~~r .
. hereunder. are cumalative and not alternative; and that the commencement of one rei?i~+dy pr~p ot{e~ing
. by the Seller hereunder 5hall not constitute an election so as to bar the ~ommencemar~t Ar~ ~enfQrEe ent;'? =
, of any other remedy or proceeding hereunder; provided, however~ that upon a rec#sion of ~his e~'~ ~
ment by the Seller as hereinahove provided, the Seller shati not be entitled to collect ~he•.ur~fAi~ ~a ancB~
of the purchase price and of said note.
9. The Seller shall repair or replace any parts of the equipment the operation of wh~4a~?i~,~ip~~l~~ly?~
impaired by defects in material or workmanship existing at the time of delivery. No guar~ntaa,ar• war-
. ranty, express or implied, is made by the Seller except as stated in thia paragraph.
The Buyer shall take good care of the equipment and, subject to the preceding p~ragraph, shalt
at his own expense keep it in.good order and repair, making the replacement of parts where necessary.
I" Upon the faiiure of the Buyer to make such repairs a~d replacements, the Seller may cause tbem to be
made and add the cost thereof to any installment of the purchase price, of which such amount ~hall in
. all respects be considered a part.
10. This contract~ including all the rights and privileges of the Seller, may be assigned~ and/or~
said note may be negotiated~ without notice to Buyer, and when assigned and/or negotiated, ahalt be.
. free from any defense, set-off, counter-claims, or cross complaint by. the Buyer. This contract may not
be assigneci by the Buyer without the consent of the Seller, or ita assigns, in writing first obtained. It ~
shal! bind and enure to the benefit of the parties hereto and their respective heirs, executors, adminia-:
trators, successors, and (subject to the limitations expressed in this paragraph), assigns of the partiea.'
IN WITNESS WHEftEOF, the parties have duly executed this agreement the day and_year ftrst
above written. ;
_ ~ S
. , w , ~
~ t
/ ~ ade Name or Firm Na or CorporAte Nam / '
, w1~A@38 - ~s - - 4
.
B
- . . .
~ ' ~ lBuyer ~na
wltll@88 _ = - • • - . -----~~Tt~~~i~Ir~jS•~, ,
BY-------------------------
; IBuyer's 3i~naturel h~~
• ~ ~ ~i
.
~ SEALTEST FOODS 1 1'~ ,
; ~ : ~ ~
. .
. . . • ,j ' ~ =
:
Attest- ' ~ By _ ~ S) : .
. ~ ASS t t ~ ecretary.. hern Dlvlalon ~O 8x' _ TSoutlsEm•DiY~ iq~
• INOTE: In case the Bu er !s a ' ~ ~ • ~ ~
Y partnershlp, each member of the tQm should sl I! corporatlon, P e ldent and See~at~T shaGfd sign and -
: trorporQte iesl attixed.) • ~ '
, ~ . _
STATE OF NOftTH CAROLINA SELLER,S ACKNO~VLEDGMENT ' ~
~ ~ COUNTY OF MECKLENBU~tG ~ , . •
, . .
.
I, the underaigned. a Notary Publtc, in and for the said county, do hereby certify th~t__________ .
, J.B.-~ ~ r
~ - Y who !i rsonaU wel! known to me as the C t1'D~.ZsI'
~ person named as__-~-----------_--of
3EALTE3T FOOD3 - SOUTHERN DIVI3ION~ in the aforegoi~g condttjonal cont ;a~•tK'Yfi'j~,+,'~~~sonally appearedi
I before~~,in~~pid county the saId----_-J•__~_-~..y_---------------------and u~ti.~. ---aforesaid
` ~~t'Q~ .
y., ,
i . r" r • -
: ~ ut+~~~iy~~~ttxv4';~~1,/~e,,authority~vested in ~}iim'acknowledged the same to be the act o~'s~~~.T~S"'~,gOODS, the .
~ . . ~~e~leiVhe~y? .,4 y ~ ; w'
, ' ~iyen,.unde~ my~aad and aeal thia__ Cth _-_-_daY of NOV~tribBT ~ ,1~{ ~ = 49__6~, .
: : (3 1 O • ' ; .
. . ~ :1 _ ` : • • . ~ . . ~ j.~~"'~'' ,
G : _~__~t y. s~. ~ .e~.
~ r__~..
~ , ..9 ' . crios~rr ~oi~.•+t-
. ~
~ ' .
s{+~, ~ ~ ~~•rti ~
` c~~ ~)tY2 . .
. ~~~~~u~~~~u` l. t~~, , : ~f
l• t, ~ My Commiaaion Expires.-----~,.2 O
f•141Qi~ Q
_
•
- ~ '
- _ .._».,.___.••----~*.r,.......
. . ~