HomeMy WebLinkAbout2751 r ~
. ~ • _ ~ , ~ ,
Purche~ser. further ~varrant$ and covenanta: _ ; • : , , _ : •
8. The stafements and representattona mnde by the Purcha.ser herein and • sinned bp Purchaser ara true. Furchaser wi11 imme-
' dlately notify Selter or sssignee tn ~vrtting ot any change in or discontInuanco of Yurchaser's place of residence or place or placea of
- busIness ~vhlchaver is or are set #orth in said statement, ~
7. No 9nancing statement covering•the Collateral is on Ale in any pnblic ~o~ce, ~and at r@quest of Seller; PurcDaser trill joiri tWth
Seller in executing ane or more 8nanc(ng statements pursuant to the Unlforni Commercial Code, in form satisfactory to Seller and will
pay the cost of flling the ssme in all pubJic ofHces where~•er 61ing is deemed necessary or deairable by Seller.
8. F'urchaser will not sell or offer to sell or othe:-~vise transfer ;or eucumber the Collat~~l o}~ any intereat therein wIthout wrItten
consent of Scller; ~vill keep the Callatcr~l in gooct orc~er ana tepatr arid ~vill hot waste or destroy, the Collateral.
• 9. Purchaser admits, upon examination, that the Coilateral is ~as~represented by Seller and ackno~vledges acceptance and delivery
thereof comptete with attacbmants and .equipment in good condltion and repaiF. , 6eUer tuay examine actd inapect the Collate~~l at any
time, wherever located. ' ' '
10. Seller may correct patent errora heretn an~3 fn the note.
11. My notice to Pumhaser ehall be aud~ctently given when maiic~. co Purchaser's address atated above.
12. Purchaser will keep the Callateral insurcd at all times against loss by flre and/or other hazards ^~ncerning tivhIch, in the
judgment c.~ the Seller; insura~ce protection is reasonsbly necessary, in a company or companies satisfactory to the Seller and tn
amounts su~icient to pcotect 6Aller against loss or damage to anid ('.ollateral, that such poliey or policies of insurance will be delivered ~
- to the Seller, together with loss payable clauses in favor of the Seller as its intereet may~ appear, in form satisfactory to the Seller.
- - - • • -
13. Upon the happ~g of any o! the follo~ving events or conditions, namely: (I) default in the payment or performan^e of any
of the Obltgations or Qf any cqvenant or liabifity contained or referred to herein or in any note .:videncing any of the Obligations;
(II) any warranty, rep~esenta~ion or statement made or furnished to Seller by or on behalf of PurchPS~ in connec#lon wiih this agree-
ment or to induce Seller to make a loan to Purchnser proving to have been false in any material respc..i when made or furniahed; (III)
loss, theft, suhstantisl damage, destruction, sale or encumbrance to or of any of. the Collateral, or the making of any levy, ~..1z~ire or
attachment th~:eof or thereon; (IV) death, dlssolution, terminatIon of existence, inaolvency, bti.siness failure, appointment of a~ ceiver
of any part of tY~e pmperty of, assignmert for the bene8t of creditora by, or the cor~ mencement of any proceeding. under a.7y bank-
ruptcy or insolve :cy IaWa by or against, Purchaser or any guarantor or surety for Purchaser; thereupon, or at an~• time thereatter
(such defautt not havi~g.pre~tously been cured); (V) or if Seller deems itself insccured, Seller at ite option may declare all of the
. Obligations to be immediately due and payabZe and shall then have the remedies oi s seller under the law, Includ;ng, without limita-
tlon thereto, the right to tske possess`on of tfie•Coilateral, and for that purpose $eller may, so far sa Purchaser can gtve authorlty
theXef~r, enter upon any premieea, on which the Collateral or any part thereof ma}C l~e aituated and remove the sgme therefrom. SeUer
' may require Purchaser to mAke the Collateral availa~ble to Seller at a place to be designated by °eiler whic:. is reasonably convenient
to both parties. Seller will give Purchaser at least flve days' prior written notice of the time and place of any public sale khereof or
, of the time after which any private sale or any other intended disposit~on thereof is to be made, and at any such public or private
sale Seller may purchase the Collateral. _ ~
14. This agreement and the szcurity interest in the Collateral created hereby shall tcrminate vthen the Obligations have been paid
~ in full. No waiver by Seller of any default shall be effective unless ~n writing nor operate as a waiver o! any other default or of the ~
same •:efault on a future occasion. Seller is authorized to fill in any blank spaces herein and to date thte agreement appmpriately,
- All ri~hta of Seller hereunder shall inure to the bene8t of the heirs, executors, administratora, successors and Pssigns of Seller; rnd all
obligations of Purchaser shall bind the heirs, executors, administrators, successors and assigns of Purchaser. If there be more than
= one Purchaser, their obltgations hereunder shall be joint and several. Thia Agreement ahall be deemed to be bind[ng on the Pu;chaser
upon a~xtng his or its signature but shall not become a completed contract unti! signed also by the Seller. This Agreement shall be
construed according to the law of the State of Ohio. _
15. It fs understood and agreed that this instrument and the promissory note executed here~vith may be assigned to a third party.
L'po:e notice of such assignment, Purchaser agrees to make all payments at the o~ce of the named assignee and Purchaser acknowl-
- edges that Seller is noti•a.ri agent.of such assignee for any purpose. P~i-chaser he~ebq egrees that such sssignment sha.ll t~e free of
any and all defensea whlch Purchaser may have against Seller and Purchaser agrees to settle all claims against Seller directly with
aeller and not to set up sny sucli claim in uny action brvught by assignee. - - _ •
, , 1S_ This Security Agreement contains the entire agreement between the parties, and no aral agreement shall Ue binding. ~
. . ~ : . ' ASSIGNMEIV'T AND WARRANTY p ug~
• For value received, the understgned does hereby sell, assig2n
~f!`ait~t~ ~ttti "Uri~ DEP~NDABL~u~CCEPTANC~ CO., ita
successors and assigns, all of its right, title and interest in and to the ~vithin security agreement, the amounts due and to become due
thereunder and to the Collateral therein described, hereby granting full pawer to the said assIgnee, either in the a.ssignee's own nama_ ox!
in the name of the undersigneti, to take all such legsl or other proccedings a9 the undersigned might have taken except for this assignment~
The undersigned warrants that the within instrument and the note secured thereby are genuine and in all respects what they pur-
port to be; that all statements contained therein are tnie; that the ~vithin seciir:ty interest is the flrst and beat lien upon the Collatersl _
described therein; that there are no defenses, counterclaims, or set-offs thereto that all parties to the foregoing instrument have ca-
pacity to contract, and that the undersigned has no knowledge of any facts which impair the validity or value of either the said note
or the within security agreement. _
The underei~j ~gut8;that the said note and security agreement arise out of a bona fide sale made in compliance with the law
II from the un~ ~)~~~r~~to~tjie`Putchaser named in the agreemcnt for the amount therein, the Collateral described therein has heen ac-
~ cepted by i~ti ~~i~e~, •t~at the do~rn payment ~ti•as made by the Purchaser in cash, unless other.vise speci8caliy stateci in the agree-
~ ment, ancj,~7~'~ ~__@; pa~eut indicated in said agre~ment has been recei~ed and/~* that the allowance given f~r the trade-in is in
the amot~T, ~~i`i~ ~'eeinent. . •
ta ~
$ ~ ~ ...Da of;..::Jul~e:":-.'-:_-= . 197.;J`
_ _
t~ ~ ~ ~ . ; ; . EbcothM - ..16th..._......-- y
.
~ , ,
COU[L~ ~ ` • - - ~ - - - -
anuf acicur aray
. , i .
rh~~S~ ~ . ~ ::o . ; , :
. ~
~
.
. - -
~ ;
r~. p - - - - • - _
~r t~:._.... . - Y . - - - -~T<<;c~ ~ ;R: ~ B~~nua -
•=z: - .s-~ _ ~ . : i
.d • . .
~ _ ~
_ . - _ O afiy u i c s~~,~ y - . _ - - : . . _
o v . :
x _
ro . - -
~ . ~ ~ p}.LEO AMD REC ROE -
A y ~ ST. ~t1CtE CO~ii~~Y f~ . .
TRAS - L~
~r ti~ CL RK C R
UR CQti~T _
- ~ REC41t~ YERIi1Et?
a n v - - ~ - YINI ~1 ~ ~ . _
i '0 --r J~faTE ~S__J~i:_) ~ -
DU~.UME~~.?AK`' . ; ti,Pr,F ' ~ ~1.~~0~ `
- ~ z " i;}:r= c~f~Y=_vEr.'4fE ~;>_j~~:?.;--_- - i
r`'~i~ J' ' p
~ n rn - - :i>:~{'!f'~~ 'L~~ U ~ ~ U R ( ~ :
. A M -i"~ _ P6 - w~:. - BOOK 24o PAGf ~ r~~
N n ~
o "
w.
. . . . . . . . . 1