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DEFAULT - You will be in defaul' on this cunlract if any one or more <br />of the folluwing occurs (except as prohibited by law): <br />(a) YOU fall to make to payment on this contract in full when due; <br />(U) 'tour prunp,:4t or poynwlit, pur(u,n,an4,;, u, IUJIIt.U(,UI, Vt UI1..laW JI <br />is significantly impaired. <br />If an event of default occurs as to any one of you, We may exercise our <br />reredies against any or all of you. <br />REMEDIES • If you are In default on this contract, wu havo all of the <br />remedies providod by law and this contract. We may: <br />(a) accelerate the due date of the contract, making all unpaid principal, <br />accrued interest, and all other agreed charges Immediately due; <br />(b) pay taxes, assessments, or other liens or r, take repairs to tho prop, <br />arty if you have riot done so. We are nct required to do so, however, <br />if we do, the -amount we pay wits be added to secured obligations, <br />will be irnmediatel,t due, and will accrue interest at the rain in <br />effect from time to time, until paid ua full; <br />(c) require you to assertible the property and m aki) it available to Us <br />at a place we designate that is reasonably convorrtent to you and <br />us; <br />(d) unmtidiately ro josseas.lrr�npurty by le al proctrss or self -holp, with- <br />out the use of force. We may thou soli the property and apply the <br />proceed, as provided by law to our expenses and then toward <br />your secured obligations. Expenses include err cost of reposses- <br />sion, cost of holding the property, attorneys fees (where pormit- <br />ted), repairs (if necassary) and costs of sale; and <br />(e) be entitled to a deficiency judgment against i'ou if the proceeds <br />of the sale do not pay all of the expenses and secured obligations <br />(except when prohibited by law). <br />By choosing any one or more of these remedies, we do not waive <br />our right to later use any other remedy. We do not waive a dtaf;ault if <br />we clivose not to use any remedy and, by electing not to use any <br />remedy, we do not waive our right to later consider the event a default <br />and to nnrnediately use any remedies If it continues or occurs again. <br />You agree that if any notice is required to be provided to you of the <br />intended sale or disposition of the property, this notice will be considered <br />reasonable if provided by mail addressed to you at the address listed on <br />the front side of thi8 form, and mailed to you at least 1(} days before (he <br />dale of the intended disposition tot such other period of time as Is required <br />by law). <br />EXCEPTIONS - Alto- you we in default on this conrn :ct for 10 rd.rys or <br />more, we must provide you with a written notice of your default :and <br />right to -'urF. You have 20 d ays sifter we cfehvrr the nnncr to you or <br />vye mad the nonce to your last known residential audress ,n which to <br />cure :t -v defaulr bye may exercise out remou,es only it you fart rr cure <br />the default within the ti-,e .allowed after the twrice. <br />However, nu notice of default or right to cute a nece:.::ary, anrd we <br />m:,y rnrmechcately exercise 'my and alf of our remedies if vote have" <br />previously defaulted one or more times urn this ccntruct, t,rtd have <br />previously been given a notice of default and right to cure. <br />OBLIGATIONS INDEPENDENT - Each buyer or guarantor who signs <br />this contract agrees jointly and severally to pay according to its terms. <br />This means that: <br />(a) you must oay this contract even if someone else has signed it; <br />(b) we may release any co- signer or guarantor and you will still be <br />obligated to pay the contract; <br />(c) we may release any security and you will still be obligated to pay <br />the contract; <br />(d) waiver by us of any of our rights will not affect your duty tc pay <br />this contract; and <br />(e) extending new credit or renewing this contract will not affect your <br />duty to pay this contract. <br />INSUFFICIENT FUNDS - If you make an installment payment by check, <br />draft or simi,tit means which is dishonored because of insufficient funds, <br />no account, or any other.reason (except an error of a third party to the <br />contract) you will be charged a $15.00 fee. <br />ASSIGNMENT BY SELLER <br />Seller soils and assigmi to Assignee (whose nar-to is printod on the <br />face of this contract) Its successors and assigns, all its ri fits, title and <br />interest in this retail installment contract, and any guara,,,:ee executed <br />In connection with this contract. Seiler gives assipnes full power, either <br />ii ,I, uvwn n.eno o, ii, > „Ilu,'s name, If-, rnke al! leg9l r:r other w!tionq <br />which Seller could have taken under this contract. <br />Seller warrants: <br />la) this contract represents a sale by seller to buyer on a time price <br />basis and not on a cash basis; <br />(b) thatall of the terms of Ill iscuntractare set forth on this document; <br />(c) the ;,tatements contemed rn this contract are true and correct; <br />(d) the down payment was made by the buyer in the manner stated <br />on the face of .his contract and no part of the down payment was <br />Ic ined or paid to the buyer by seller or seller's representatives; <br />(e) the sale was completed in accordance with all laws and regulations <br />affecting this sale, including, but not limited to, the Federal Truth - <br />in. Lending Act, the Magnuson Moss Warranty - Federal Trade Com- <br />mission Improvoinvilt Act, Federal Equal Credit Opportunity Act, <br />the Federal frada Commiselon Act, and any regulations portalninq <br />to these laws; <br />(f) that all dIUCIObUres made In this contract under federal and state <br />laws have been properly made under those laws; <br />(g) the buyer was not a minor and tied the capacity to enter into this <br />contract; <br />(h) this contract is valid and enforceable in accordance with its terms; <br />(i) the names and signatures on this contract art- not forged, fictitious or <br />assurned, and are true and correct; <br />(j) this contract.is not subject to any claims or defenses on the part <br />of the buyer; <br />(k) a completely fillod -i- copy of this contract was delivered to the <br />buyer at the ties( ut ox—'ion: and <br />(I) the property has been rialiv: red to the buyer in good condition <br />and,or the service:, hc,ve.been p,:'rermed, and have been accepted <br />by the buyer. <br />If any of these warranties is breach9d or untrue, seller will, upon <br />assignee's demand, purchase this contract from assignee. The purchase <br />shall be in cash in the amount of the unpaid balance (including Interest) <br />plus the cost and expenses of assignee, including attorneys fees. <br />Seller will indemnify assignee for any loss sustained by it because <br />of judicial set-off or as a result of a recovery made against assignee <br />a': is result of a claim or defense buyer has against seller. <br />Seller waives notice of the acceptance of this assignment, notice of <br />non - payrnent or non- p.riormance a,.d notice of any other remedies <br />available to ass,g -tee. <br />Assignee may, without notice to seller, and without affecting the <br />liabihry of seller under this assignment, compound or ralsase any rights <br />against, and grant extensions of time for payment tc be made, to buyer <br />and any other person obligated under this contract. <br />1. WITHOUTRECOURSE - This assignment shall be without recourse, <br />except as stated above. <br />2. WITH RECOURSE - In addition to those items stated above, seller <br />agrees that if buyer defaults in full payment, when due, of any amounts <br />payable under this contract, or in the prompt performance of any <br />obligation to be performed by buyer under this assignment, seller will, <br />upon demand, repurchase this contract from assignee in cash in the <br />amount of the unpaid balance (includirn interest) due at that time. <br />3. SEPARATE AGREEMENT - This assignn•cnit is subject to a separate <br />agreement with the assignee. <br />NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS <br />SUBJECTTO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD <br />ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED <br />PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVEP.Y <br />HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PA!11 <br />BY THE DEBTOR HEREUNDER. <br />INSURANCE - You agree to purchase insurance on the secured property <br />against such risks and in such amounts as we may reasonably require. <br />In addition, you agree as follows: <br />Form RS- VSI -GS -NE 7/11/89 2,00205061 <br />.i_r. <br />Copy <br />"lDv <br />