The URL can be used to link to this page

Home My WebLink About0280 (Ad~liti~r~al terms and conditions of conttact) Buyar warrants and agroes:` Exc~pt for seile~'s rsservation of out notice or legal process onter any prc~mises where equipment titlo, the equipment is f~ee from and. will be kept free fr~m any , may be and take possession of it and retain aii p~i~r poymeQts as lien, secur'ty interest or encumbranc~; that buyer will not dispose ~ 5-~ rtial,com ansation ior its use, and equipmer.# may be ~old~~+lith of any of the equipment or any interest therein or remove any o1 without ~t~ce at privatE sale or at pub!ic saie, with or wifhout thereof from the aforesaid location without the prior written con- having equipmenir at the sale, at wfiich seller~ may, purc~~ase, and sent of seller; to defend at buysr's own coct any action, proc~ed- th~ proceeds thereof, less expenses of ret~akingtl ~pairirg, holc~ ing or claim affecting the equipmont; to pay reasonable attorneys' ~ng, reselling and reasonable attorneys' fegs~l5 /o of thc~ unpoid ' fees and other .expenses ~incurred by the seller in enforcing its balance, if not prohibitad by law~, cred~te upon the , amo~m} ~ rights after buyer's default; to pay promptly all taxes, assessments, unpaid and buyer will pay the balance for~~iwith as liquidated license fses and other public or pr~vate charges when levied or damages for the breach of this contract; provic~ecl, ho~vQVar, ~hat asssssed against the 8quipment ot this contract, or any acc~m- any surplus is to be paid to b~yer. panying note. Wt~iver of any default shall noF be a waiver of any other All risk of loss of, damagQ to or destruction of th'e equipment default; all soller's rights are cumulative and not alternative. Tha shall at all times be o~i buyer. Buyer will procure forthwith and term "seller" shall include any assignee who is the holder of this maintain fire insurance -ivith extended or combined• ~dditiona) contract. After assignment of this contract• seller sha~l not bs the coverage on the equipment for the full insurabie value thereof assi~nee's agent for :any purpose; buyer will settle a~l claims, for the (ife of this contract plus such other insurance as seller may defenses, set-offs and counterclaims it may have ag~inst the seller specify, ana promptly deliver each policy to seller with a standard directly with seller, and not set up any thereof against seller's long form endorsement attached showing l~ss ~ayable to seller or assiqnes, se!ler hereby agreeing t~ remain responsible therefor; _ assigns as respective interests may appear. Se ler's acceptance of no waiver or change in this contract, or in any related note shall - policies in lesser amounts or risks shalf not be a waiver of buyer's bind said assignee unless in writing signed by one of its offiters. - foregoing obligation. + Upon ful) payment of all obligations secured by this contract, the ` Time is the essence; if any of buyer's obligation be not paid assignee may deliver alI original papars to seller, for bu~er. Buyer ' Promptly when due or if buyer breaches any provision hereof, waives all exemptions anc~ homestead laws and acknowledges . buyer shall be in default hereunder and all unpaid instalments receipt of a true copy of this contract. Any provisians hereof shall at seller's option become ~mmediately clue and payable. contrary to, prohibited by or invalid under applicable laws or Upon buyer's default 5uyer agrees to return equipment to seller regulations shall be inapplicable and deemed omitted herefrom, on demand, and, to the extent permitted by law, seller may with- but shall not invalidate the remaining provisions hereof. GUARANTY _ In consideration of ihe Seller entering into the foregoinq conditional sale controct ("contrect"), each of us, as e primary cbligor, jointly, severelly and unconditio~ally guarontaes to such $eller and ar~y a:sig~ee of $allor (hereina(ter called "holder"! the paymont promoily whon due of every instalment thereof, irrespective of any invalidity or unenforceability thereof or !he security therefor and ine paymer.t on demand of the ontire unpaid balance if buyer defaults in any peyment of any instalment et its due date or in eny other manrer, without first reauiriny holder to proceed against buyer or to liquidate any security, and agrees to be bound by and on demand to pay eny deficiency established by e safo of the coniract and/or sacurity held,-with or without netice to us, and to pay ~ a~l ettorneyi fees and other exponses incurred by holder by reason of any dofault by ouyar. Each of us waivez notice of acceptance hareof and of any defaults nnd consents that holder may, without affecti~g our liability, compromise or releesa, on terms satisfactory io it or by operetion of law or otherwise, any rights against and grant extensions of t~me of payment, w~thout limit as to the numbor of such extensions, or the period or periods thereof, to buyer and other obligors or gueronters or of any other party at any time directly or contingantly liable for tho paymanf of buye~ s obiigations undar the confract, and consent to the transfer of any :ecurity thorefor_ 7his guar~nty shall not be discharged or aHe~ted by death of any of the undersigned and shell bind our respective heirs, administrators, representatives, successors and assignz. Each of us represents that fhis guaranty has bean executed prior to the acteptance of the contract b~ $eller end 4hat this guaranty is e:ecuted to induce ~eller to accept the same. } Witness our hands and seals this.......:~.~~.~..•.•.dey of..........~~i..~G~L--`r..~17.~G'-.-:L_-_..-..••-._~ ~9.~•:.~ . ~ - . . GUARANTY - INDIYIDUAL ~ , o n . o se, r., vi ua y ~ , ~ ~i C" / - ~ shce . v ui?I y ; . GZ Witn - p u ep ` i ua y i ` f~ ~ _ _ - - I ~ , ~ o ert B. i$an, Individual y ~-~'f ~ ~ ~ ;1 r. o s n, v ua y :I 'i ~ G s , ~rry . t ndividua y ~ , . rnwn, r., v ua y , ~ a~~\11t~~~trJf~~ ~'r'~~ 1i~ CORPC)ftATE GUAW+N T0R 0 yO • % ~ j~~ • ~4 ~,z`S • :Y ~ ~ . =.r: • Q ~:r Earmzn Oil Co an Inc. =O r:~ t ~ ;c~ ' ' ~ ~~~te .~e~k , By - e - ~ Title~~-c~ ~ J ~ . ~ ~ ,t,'. v ~ ~ f r ~ ^ . ~ t yJ r ~ • ' . ~f , ~ ! ~ . ~ ~ (''/~~~~•~~1~•~~~~~~~,`, ~ s . . - ' - - FOR USE 1N STATES NOT PRESCRIBINC CONTENTS OF INDUSTRIAL ~ONDITIONAL SALE C4NTRACTS s (Do oot u~ this farm in any traasaction cor~ring motor r~hitlK in a stat~ pnseribinq a spscial confiract form tksr~for.) For usein: Ala`r 1ri:., D~I. (for sales for commercie) or business use only~, Fis. ~for saies for business or industrial use onFjr) 'lewi, Minn., Mia., Nw„ (for sales for commerciel or business use only~, N. C., S. C., 5. D. (except for "motor vefiicle ~t~~y~qr~`~ Ufal~ f ez~~~ere cash price i: ;7,500 _or loss), Y4.- (fot salas for commercial or business uss, but do oot. use for "motor vefiicle" tronsactio ~ - , ' _ ..i . _ 1 . . ' _ . ~ ~ o ~R`+- F~1C1AL -RECQRD , - - . ~ ~~cE ~ . . . . . Bo~K 135 - ~ - . - - _ _ _ _ _ _ .