12/02/1982
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The Citizens and Southern National Bank
Equipment Financing and Leasing Department
P. O. Box 4431, Atlanta, Georgia 30302. Telephone 404/491-4188
Federal Express
December 20, 1982
Mr. Jim Baker
Monroe County Municipal Servcie District
Public Service Building
Wing 2 B, Stock Island
Key West, FL 33040
Dear Mr. Baker:
Please find enclosed executed copies of the following
documents relating to the lease of (1) Rex Trash Master:
1. Equipment Lease Purchase Agreement
2. Schedule A
3. Schedule B
4. Certificate of Acceptance
5. UCC-1
6. Assignment from Lessor to C&S
Upon receipt please forward via Bank wire transfer the
1st payment of $5,283.43 to intiate the lease.
Sincerely,. m /...1... _
Iui'l~~ t/." I/~
William V. Medbery
Assistant Vice President
Ic
EQUIPMENT LEASE! PURCHASE AGREEMENT
(Government)
Contents
1.
2.
3.
4.
5.
6.
7.
8.
9 .
10.
Lease
Term
Payments
Use
Lessee's Inspection,
Lessor's Inspection
Alterations
Taxes
Repairs; Costs; Risk of Loss
Representations, Warranties and Covenants
of Lease
Insurance
Indemnity
Lessor's Payment
Defaul t
Remedies
Personal Property
Assignment
Parties
Waiver
Entire Agreement
Time
Titles; Construction
11.
12.
. 13.
14.
15.
16.
17 .
18.
19.
20.
21.
22.
23.
Notice
24.
25.
Survival
Ccrt~in Definitions
Schedule A
Schedule B
EQUIPMENT LEASE/PURCHASE AGREEMENT
THIS LEASE, made and entered by and between the Lessor and
Lessee named on Schedule B annexed hereto and executed by the
parties concurrently with this Lease and made part hereof on
the Execution Date set forth on said Schedule B.
In ~onsideration of the mutual promises set forth below,
the parties agree as follows:
1. LEASE. Lessor hereby leases to Lessee, and Lessee
hereby leases from Lessor, all machinery, equipment, and other
property described in Schedule A executed by the parties
concurrently with this Lease and made a part hereof, or
described in any schedule or schedules hereafter executed by
the parties and made a part h~reof (hereafter collectively
called the "Equipment"). The Equipment is, and shall at all
times be, the sole and exclusive property of Lessor, and Lessee
shall have no right, title, or interest in or to the Equipment
except the right to quiet use of the Equipment as provided in
this Lease.
2. TERM. The term of this Lease respecting each item of
the Equipment commences upon the Commencement Date (as set
forth on Schedule A); provided, however, that all obligations
and responsibilities of Lessor and Lessee hereunder shall
commence on the date the Equipment is accepted by Lessee as
provided in Paragraph 5 hereof (the "Acceptance Date"). This
Lease shall continue in full force and effect during the
Original Term and any Renewal Term as set forth in Schedule A;
provided, however, that if Lessee is not in default, the
Original Term or any Renewal Term may, at Lessee's option, be
extended at the end of the Original Term or the then current
Renewal Term, as the case may be, for the period set forth in
Schedule A, provided Lessee's Principal Financial Officer gives
written notice to Lessor not less than3~ days nor more than ~
days prior to the expiration of the Original Term or Renewal
Term, as the case may be, that (i) Lessee exercises its option
to extend the Original Term or Renewal Term of this Lease, as
the case may be, and (ii) funds have been appropriated therefcr
by the Governing Body.
3. PAYMENTS. (a) As rent for the Equipment, Lessee shall
pay Lessor the amounts set forth on Schedule A (the "Base
Payments"), payable as set forth on Schedule A. A portion of
each Base Payment is paid as and represents payment of
interest. Schedule A sets forth the applicable annual interest
rate used to determine the Base Payments. A final amount shall
be payable by Lessee at the end of the Original Term or any
Renewal Term, as the case may be, (the "Concluding Payment") as
set forth in Schedule A. Upon Lessee's payment of the
Concluding Payment, Lessee shall become entitled to the
Equipment and Lessor shall convey to Lessee title tG the
Equipment AS-IS-WHERE-IS without warranty, express or implied.
If Lessee does not exercise its option to renew this Lease
at the end of the Original Term or any Renewal Term, Lessee
shall pay the then current Concluding Payment to Lessor, as '2:
forth in Schedule A. In the event Lessee shall exercise it3
option to continue the Original Term to the first Renewal Term
or any Renewal T~rm to the next succeeding Renewal Term, then
the Concluding Payment for the Original Term or the then ending
Renewal Term, as the case may be, shall not be applicable. The
Base Payments and the Concluding Payment during any Renewal
Term shall be payable in the amounts as set forth in Schedule
A.
The obligation of Lessee to make Base Payments, Concludi~g
Payment or any other payments under this Lease shall, subject
to compliance with the following paragraph, at all times be
subject to and conditioned upon the appropriation of funds
therefor by the Governing Body. Lessee reasonably believes
that sufficient funds can be obtained and appropriated to make
all Base Payments during any Renewal Term(s), the Concluding
Payment ~r any other payments hereunder. Lessee hereby
authorizes the Principal Financial Officer to do all things
lawfully within its power to obtain and maintain funds from
which the Base Payments, Concluding Payment or other payments
may be made, including making provision for such payments to
the extent necessary in each annual budget submitted for the
purpose of obtaining funding and using its bona fide best
efforts to have such a portion of the budget approved by the
Governing Body.
In the event that the Governing Body does not appropriate
funds for any Renewal Term for any particular item or items cf
Equipment, then Lessee shall have no obligation whatsoever to
make any payments other than Base Payments during the Original
Term or the then current Renewal Term, as the case may be;
provided, however, that Lessee shall deliver any such Equipmen:
to Lessor in full operational and good working order, conditic~
and appearance for Equipment of similar age, type and usage,
Base Payments and the Concluding Payment for any Renewal
Term(s) beyond the Original Term or the then current Renewal
Term, as the case may be, may be decreased only in the event cf
partial appropriation of funds for any such Renewal Term(s) in
order to reflect the future level of the Base Payments and
Concluding Payment based on such partial appropriations.
It is expressly understood and mutually agreed that this
Lease is payable from the operation budget of Lessee initiall;
comprised of sufficient amounts which have been allocated and
appropriated for payments due hereunder and other currently
available and appropriated funds from various sources and is ~n
obligation of appropriated funds of Lessee only during the
Original Term or, if Lessee exercises its option to renew, 3
Renewal.Term following such election to renew; it is otherwi22
not a general obligation of Lessee, nor shall this Lease or any
thing arising hereunder constitute any lien upon any property
owned by Lessee nor any indebtedness of Lessee within the
meaning of any constitutional, statutory or charter provision.
Moreover, the Base Payments, Concluding Payment, or other
payments provided for in this Lease do not directly or
indirectly pledge Lessee's property, credit or general taxing
power.
All payments of rent shall be made at the Address for
Rental Payments, or at such other place as Lessor may designate
to Lessee in writing. In the event Lessee fails to make a
rental payment within 10 days of its due date, Lessee shall pay
to the Lessor as additional interest hereunder an amount of
interest calculated at the Late Payment Rate on the amount or
such unpaid rental from the date such rental payment was due
until such unpaid rental and all such additional interest
thereon shall have been paid in full.
(b) In ordei to assure proper performance cf t~e
obligations under this Lease, Lessee shall give to Lessor en
the Commencement Date a Security Deposit equal to the amount
-2-
set forth on Schedule A hereto. Although such Security Deposit
may be used by Lessor to satisfy the obligations of Lessee
under this Lease including, without limitation, the obligation
to make Base Payments and the Concluding Payment, the Security
Deposit shall not excuse Lessee from any of the obligations set
forth herein. If any portion of the Security Deposit has not
been used for these purposes, Lessor shall return the remainder
to Lessee within a reasonable time after termination of this
Lease. The Security Deposit need not be kept separate from
Lessor's other funds.
4. USE. Lessee shall use the Equipment in a careful and
proper manner and shall comply with and conform to all
national, state, municipal, and other laws, ordinances, and
regulations relating to the possession, use, or maintenance of
the Equipment. If at any time during the term of this Lease
Lessor supplies Lessee with labels, plates, or other markings,
stating that the Equipment is owned by Lessor, Lessee shall
affix and keep the same upon ~ prominent place on the
Equipment. Lessee shall not permit the Equipment to be used bv
anyone other than Lessee's employees.
5. LESSEE'S INSPECTION. Lessee ~~81l inspect the
Equipment and execute and deliver to Lessor, in such fer~ ~~
reasonably requested, evidence of "acceptability" to Lessee c:'
the Equipment (hereafter termed "Acceptance") as soon as
practicable, but in no event later than ~ days after delivc,('~.
of the Equipment to Lessee. Execution of Acceptance shall
constitute Lessee's acknowledgment that the Equipment is in
good order and condition and is of the manufacture, design, and
capacity selected by Lessee, that Lessee is satisfied that the
same is suitable for its purpose, and that LESSOR HAS MADE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, THE CONDITION
OF THE EQUIPMENT, ITS MERCHANTAEILITY, OR ITS FITNESS FOR ANY
PARTICULAR PURPOSE. Unless Lessee is in default under this
Lease, Lessor shall use its best efforts to obtain for Lessee's
direct benefit whatever warranties are available from the
vendors or manufacturers of the Equipment, and, upon Lessee's
request, Lessor shall assign or otherwise make available to
Lessee all of its rights under any vendor's or manufacturer1s
warranty on the Equipment. Lessee hereby agrees to use any
proceeds of a warranty claim to repair the Equipment to it2
warranted state and condition, without an abatement of ~or~
hereunder; provided, however, that if the Equipment is
destroyed or damaged beyond repair, as contemplated in
Paragraph 9(b) hereof, then Lessee shall not be required to
repair the Equipment and the provisions of Paragraph 9(b) shall
apply..
6. LESSOR'S INSPECTION. Upon reasonable notice to
Lessee, Lessor may inspect any of the Equipment at any
reasonable time. Lessee shall give Lessor immediate written
notice of any attachment or other judicial process affecting
any item of the Equipment and shall, upon request by Lessor,
advise Lessor in writing of the exact location of the
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7. ALTERATIONS. Lessee shall not make any alterations,
additions, or improvements to the Equipment without the prlC';'
written consent of Lessor; provided, however, that neth n~
contained in this Paragraph 7 shall be deemed to orohib t
Lessee from performing ordinary maintenance and r~pairs -~
- ..~-
Equipment as required by Paragraph 9 of this Lease. litle ~o
all parts added to the Equipment through alterations, 3dditicns
or improvements shall immediately vest in Lessor.
8. TAXES. Lessee shall be responsible for any applic3b12
federal, state, county and municipal taxes, assessments, or
other governmental charges including, without intending to
limit the generality of the foregoing, any personal property
taxes incurred in connection with the shipment, use, operation,
ownership, leasing, sale, or possession of the Equipment during
the term ~f this Lease, excepting only taxes on Lessor's
income. Lessee shall keep the Equipment free and clear of all
levies, attachments, liens, and encumbrances other than those
being contested in good faith by appropriate proceeding and
which, as a result of such contest, do not adversely threaten
Lessor's title to the Equipment. Lessee shall give Lessor
immediate written notice of attempted levies, attachments,
liens, encumbrances, or other judicial processes of every kind
whatsoever and shall cooperate with Lessor, and take whatever
action may be necessary, to enable Lessor to file, register, or
record this Lease or such other notice as Lessor shall deem
appropriate in such offices as Lessor may determine and
wherever required or permitted by law for the proper protec::~~
of Lessor's title to the Equipment; and Lessee shall pay l__
costs, charges, and expenses incident thereto.
9. REPAIRS: COSTS: RISK OF LOSS. Lessee snall, at "r~
own expense, keep the Equipment in first class condition,
repair, and working order, reasonable wear and tear only
excepted, and shall furnish all parts, mechanisms. and devices
required to keep the Equipment in good mechanical and workin~
order. Lessee shall pay all costs, fees, expenses, and char=ss
incurred in connection with the shipment, use, operation,
ownership, leasing, sale, or possession of the Equipment c~r---
the term of this Lease.
Lessee hereby assumes all risk of loss, damage, theft,J~
destruction of the Equipment from any cause whatsoever from C~2
date the Equipment is shipped by the vendor or manufacturer.
No loss, damage, theft, or destruction of or to the Equipmen:
or any part thereof shall impair or abate any obligation of
Lessee under this Lease which shall continue in full force ~1_
effect, except as provided in this Lease.
(a) In the event of loss or destruction of the Equipmenc
from any cause whatsoever from the date the Equipment
is shipped by the vendor or manufacturer to the date
of Acceptance by the Lessee, which risk of loss or
destruction may be borne by the vendor or
manufacturer or carrier pursuant to the terms of any
purchase order, contract of sale, or under applicable
law, Lessor shall attempt to obtain recovery from the
vendor or manufacturer or carrier with respect to
such loss or destruction of the Equipment. Lessor
shall not be required to commence litigation against
such vendor or manufacturer or carrier, and if Lessor
cetermincs, in its sole discretion, that such ve~~o~
or manufacturer or carrier will not pay Lessor in
full on account of such loss or destruction of the
Equipment or will not otherwise satisfy Lessor ~i
respect to such loss or destruction, Lessor will
assign or otherwise make available to Lessee a1_
Lessor's- rights or causes of action against 3~C~
-4-
vendor or manufacturer or carrier with respect to
such loss or destruction of the Equipment upon
payment by Lessee to Lessor of all sums theretofor~
paid by Lessor to such vendor or manufacturer or
carrier for the Equipment.
(b) In the event of damage of any kind whatsoever to any
item of the Equipment on or after the date of
Acceptance by Lessee, Lessee shall, at Lessor's
option, either place the same in good repair,
- condition, and working order, or if, in the
reasonable judgment of Lessor, the item of Equipment
is determined by Lessor to be lost, stolen,
destroyed, or damaged beyond repair, Lessee shall pay
Lessor the difference between (i) the Base Payments
(less interest) already paid as to the item of
Equipment and (ii) the original Cost thereof set
forth in Schedule A. hereto, in cash within 30 days
after the occurrence of any of the foregoing events.
Upon such payment, this Lease shall terminate with
respect to such item of the Equipment and Lessee
thereupon shall become entitled to such item of the
Equipment AS-IS-WHERE-IS without warranty, express C~
implied, with respect to any matter whatsoever.
10. REPRESENTATIONS. WARRANTIES AND COVENANTS OF LESSS~.
Lessee represents and warrants that it is a duly constitutec
Public Body of the State and is authorized by the Constitutic~
and laws of the State to enter into this Lease and to carry out
its obligations hereunder. Lessee has been duly authorized to
execute and deliver this Lease and covenants that it will do or
cause to be done all things necessary to preserve and keep ~hi3
Lease in full force and effect, consistent with its lawfu~
capacity and with the terms and conditions of this L2aS2~
Lessee represents that it has determined that :ne use -
the Equipment is necessary and essential to Lessee's prO~2r.
efficient and economic operation and function.
Lessee further represents and warrants that
a valid and enforceable obligation of Lessee and
have been appropriated by the Governing Body for
Payments during the Original Term.
this Le2s2
that func~
, , "
:ne ~22e
11. INSURANCE. Unless Lessor shall consent to
self-insurance by Lessee, Lessee shall, at its own expense,
maintain insurance with respect to all of the Equipment
covering all risks of loss or damage by fire, and such other
risks as customarily covered by "ex~ended coverage"
endorsements to casualty insurance policies in the State,
including, but not limited to, destruction, theft, product
liability, and public liability, in such amounts, in such
forms, and with such companies as Lessor shall reasonably
approve. All policies of insurance shall name Lessor as an
insured as its interest may appear. Lessee shall pay the
premiums therefor and deliver to Lessor the policies of
insurance or duplicates thereof, or other ~vidence satisfactory
to Lessor showing such coverages to be in effect. Each insure~
shall agree, by endorsement upon the policy or policies issued
by it or by independent in~truments furnished to Lessor, th2~
it will give Lessor thirty (30) days written notice befor2
effective date of any alteration or cancellation of such
policy(ies). Any proceeds of such policies of insurance ~~=l_
-)-
be paid jointly to Lessor and Lessee as their interesLs~ay
appear. The proceeds of such insurance, at Lessor's oation,
shall be applied toward the replacement, restoration, or repai~
of the Equipment or toward payment of the obligations of L0SS2~
under this Lease.
12. INDEMNITY. Lessee shall indemnify Lessor against,
and hold Lessor, its officers, agents, employees, directors and
shareholders harmless from, any and all claims, actions, suits,
proceedings, costs, demands, damages, and liabilities of
whatever nature, and all costs and expenses, including Lessor's
reasonable attorney's fees and expenses, relating to or in any
way arising out of the ordering, delivery, rejection,
installation, possession, use, operation, control, or
disposition of the Equipment or any portion thereof. Lessee
shall also indemnify Lessor against, and hold Lessor harmless
from, any applicable federal, state, county, municipal, or
other license fees or taxes whatsoever and penalties and
interest thereon (except for p~nalties and interest caused
solely by Lessor's failure to timely file returns or make
payments), whether assessed, levied against, or payable by ~~e
Lessor or otherwise, with respect to the Equipment or any
portion thereof or the purchase, sale, rental, use, operation
control, possession, or ownership of the Equipment or any
portion thereof, or measured in any way by the value ~~erc2:
excepting only taxes on Lessor's income.
13. LESSOR'S PAYMENT. In the event that Lessee !2l~~
procure or maintain insurance or to comply with any other
provision of this Lease, Lessor shall have the right, but stall
not be obligated, to effect such insurance or comDliance o~
behalf of Lessee. In that event, all moneys spent and expe~s~=
incurred by Lessor in effecting such insurance or complianc
including any reasonable legal fees incurred in conneccion
therewith, shall be paid by Lessee to Lessor with the next
monthly payment of rent. Failure to repay in this manner 3~~__
carry with it the same consequence as a failure to pay an
installment of rent under Paragraph 3 above, including a cnar~~
of additional interest calculated at the Late Payment Rate on
each such amount due and unpaid under this Paragraph 13 fro~
the date each such amount became due until such amount and JUC~
additional interest thereon shall have been paid in full.
14. DEFAULT. The occurrence of. any of the followi~;
shall constitute a Default by Lessee: (a) non-payment when GU2
of any amount payable under this Lease; (b) failure to observe,
keep, or perform any other provision of this Lease required to
be observed, kept, or performed by Lessee and failure of Lessee
to remedy, cure, or remove such failure in observing, keeping,
or performing the provisions of this Lease within ten (10) days
after receipt of written notice thereof from Lessor; (c)
Lessee's becoming insolvent or unable to pay its debts as they
mature, or any proceeding being instituted by Lessee alleging
that Lessee is insolvent or unable to pay its debts as they
mature or seeking a moratorium, composition or extension of
Lessee's indebtedness, or a petition under any Chapter of Title
11 of the United States Code (entitled "Bankruptcy") as
amended, being brought by Lessee; or (d) any statement,
representation, or warranty of Lessee in this Lease or in any
other writing furnished by Lessee to Lessor being, ~t ~n'T ~-~~
untrue in any materjal respect as sf the date 8~rlQ
-0-
15. REMEDIES. Upon the occurrpnce of any Default, or ~c
any time thereafter, Lessor shall have the right to pursue ~l:
rights and remedies available to Lessor under law. Anything
herein to the contrary notwithstanding, if the Governing Body
does not appropriate funds as provided in Paragraph 3, such
failure to appropriate funds or failure to make any payments
hereunder by reason of such failure, shall not be a Default and
Lessee shall be relieved of and fully discharged from its
obligations hereunder to make any payments other than Base
Payments ~uring the Original Term or the then current Renewal
Term, as the case may be; provided, however, that all other
obligations of Lessee hereunder shall remain in full force 3nd
effect in the event of such non-appropriation of funds for all
Equipment for which funds are appropriated; provided, further,
that Lessee shall promptly deliver to Lessor at the Equipment
Return Location all Equipment for which funds are not
appropriated.
16. PERSONAL PROPERTY. The Equipment is, and shall at
all times be and remain, personal property notwithstanding ~;i~S
the Equipment or any part thereof may now be, or hereafter
become, in any manner affixed or attached to, or embedded ~0.
or permanently resting upon, real property or any buildin~
thereon, or attached in any manner to what is permanent 2S ~.:
means of cement, plaster, nails, bolts, screws, or other~i:~.
If, notwithstanding the intention of the parties and the
provisions of this Paragraph 16, any person acquires or cla:~3
to have acquired any rights in the Equipment or any portion
thereof paramount to the rights of Lessor by reason of sucr
Equipment's being affixed to real property and such person
seeks in any manner to interfere with the continued quiet
enjoyment of the Equipment by Lessee as contemplated by shi~
Lease, Lessee shall immediately notify Lessor in writin~ c~
such fact and shall seek diligently to remove the basis fJ~ ~:
such interference. Unless the basis for such interference i:
waived or removed to the satisfaction of Lessor within thircy
(30) days from the date it is asserted, Lessee, upon written
request from Lessor, shall within ten (10) days after such
request pay to Lessor an amount equal to the difference betw2?~
(i) the Base Payments (less interest) already paid as to ~h2
Equipment and (ii) the original Cost thereof set forth i~
Schedule A. Upon such payment the Lease of such Gqul~~ent
shall terminate and all of Lessor's title to and rl~n:~
Equipment shall become the property of Lessee.
17. ASSIGNMENT. Lessee shall not assign, transfer,
pledge, or hypothecate this Lease, the Equipment, or any part
thereof, or any interest in or under this Lease or the
Equipment, without prior written permission of Lessor.
18. PARTIES. "Lessor", as used in this Lease, shall for
all purposes include its successors or assigns. "Lessee"
shall, as to its duties and obligations, include its successors
or assigns, but as to its rights shall include only those
successors or assigns substituted with the prior written
consent of Lessor.
19. WAIVER. A waiver by Lessor of any Default or
Defaults by Lessee shall not be construed as l ~al~2r is
future occasions of Default.
~
-1-
20. ENTIRE AGREEMENT. This Lease (includii;; 2chedu19s
and B hereto) constitutes the entire agreement of the parties.
No agreement shall be effective to amend this Lease unless 3UC~
agreement is in writing and signed by the party to be char~ed
thereby, and with respect to the Lessee, unless such amend~en[
and the execution thereof shall have been approved by
resolution of the Governing Body. Wherever possible each
provision of this Lease shall be interpreted in such manner as
to be effective and valid under applicable law, but if any
provision of this Lease shall be prohibited by or invalid under
applicable law, at Lessor's option (i) such provision shall be
ineffective to the extent of such prohibition or invalidity,
without fnvalidating the remainder of such provision or the
remaining provisions of this Lease, or (ii) this Lease shal:
thereupon terminate.
21. TIME. Time is of the essence to this Lease and to
each and all of the provisions of this Lease.
22. TITLES: CONSTRUCTION. The titles to the paragraph3
of this Lease are solely for the convenience of the parties one
are not intended as an aid to the interpretation of this ~2a3~.
This Lease and all rights under this Lease shall be ;over~~2
by, construed, and enforced in accordance with the 12~3'
State.
23. NOTICE. Any notices permitted or requlr~a b~ t~~-
Lease shall be in writing and mailed by certified :~3il. ~
Lessee's case, notices shall be addressed to the Address ~(
Lessee for Notification or such other person or address 22
Lessee may indicate subsequently in writing to Lessor. -~
Lessor's case, notices shall be addressed to the ~jdres2
Le ssor for No ti fica t ion, 0 r such other ad dress as Le s so {' h,
indicate subsequently in writing to Lessee.
24. SURVIVAL. All covenants and agreement3 or ~2SS22
made herein or in any other document or certificace rererreG
herein or contemplated hereby are material, shall oe deemed :c
have been relied upon by Lessor and shall survive the execu:~:~
and delivery of this Lease and the expiration of the ~eaS2
term.
25. CERTAIN DEFINITIONS. The terms defined on ScneGu~~
annexed hereto executed by the parties hereto concurrently
this Lease and made part hereof, shall (unless the context
clearly indicates a different meaning or intent) when usea l~
this Lease have the meanings set forth on said Schedu18 5.
IN WITNESS WHEREOF, Lessee and Lessor have duly executed
and sealed this Lease in multiple counterparts as of the date
above written, each of which shall constitute an original.
DeWind EIent COJII~~~ESSOR)
Q .~.
Tit I e ~ ~ r:L b . cP ,7'''' -t
~lLUlicip:ll Service
(LESSEE)
.
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c" ""' y "hi III
4\-i-iE:ST"RAl~U lM v~~nT" "1 rDV
~ ~~'it\~V ,;t~~i .<-.
.~JroFORM
~ 1NDtUau SUFFICIENCY. \ '
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3Y ~4.~ ~ \LLl~J~' J
AttDmtJ'f's Office j
-
EOUIPMENT LEASE SCHEDULE
Schedule A to Lease Number
(This Schedule consists of 2 pages of which this page is No. )
Decemher :'
, 19R7
1. Lease Term:
Original Term begins on December 2 ,19....s..: (the "Commencement
Date") and ends on September 30, 1983
Renewal Terms shall be for year(s) each beginning
immediately upon conclusion of the Original Term or last
Renewal Term, as the case may be.
2.
Interest Rate:
ten and 75/100
10.75 )
Each Base Payment made by Lessee includes a payment of
interest determined by applying an annual rate of interest
equal to ten and 75/1~O 1~15 percent to the outstanding balance
of an original principal sum equal to the Cost of the Fauicment
(as set forth below) less the Security Deposit.
3. RENT DURING ORIGINAL TERM AND RENEWAL TERMS:
Due Date
Amount of
Base
Payment
Concluding'
Term
?a 'lrr:e:i 1: .~,t
Original Begins upon commenccmcnt and
monthl v thereafter startinCT January l, L9S.)
Wltil September 1, 1983 "" ~
;..,
.' ~J ~ _ ,.'. '.
First Henewal BeCTimlino on ()ctobe r
. b b .-,
1983 and monthl)' thereafter until Sep-
tember 1, 1984
:.' , _ 0 ,) .--i-.J
Second Renewal ~lonthly begimlillC', 'JIl
October 1, 1984 h'ith a final pa)lX'Ilt
due on November 1, 1984
':'hird Renewal
.L
Fourth Renwal
· Concluding Payment equals Cost ~l~~: S2c~ri:7 ~~~~3::
principal portion of Base Payments ~2~e G~ior --~
Payment.
4. Location of the Eauipment:
Street Address Equipment 10catiL'Il
County Florida
County
\L\!".~'~_~~)
::ta te
1 : '1' : , .. ~
City f.(,\' ;::('c;t
5. Equipment Leased:
ITEM NO.
I
6. Security Deposit:
$
_ 0
QUANTITY rESCRIPTION
COST
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Y~~';L:#~I r'rlct
.:J ~r~~~SSEE)
B~ tJ"~\~A-iV (Title)
l\~~s~ HAl PH W U;M~Tr r.r r.Dfl
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DeWind \bChiI~n\'
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SCHEDULE B
The terms set forth under the caption lIDefined Term" 3n21..:.
have the meaning assigned therto in the numbered Section of
this Lease Agreement set forth below under the heading
"Section":
Defined Term
Section
Acceptance
Acceptance Date
Base Payments
Commencement Date
Concluding Payment
De faul t
Equipment
Original Term
Renewal Term
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2
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"Address for Rental Paymentslf shall mean
:\ational Bank, Equipment Lcasin~ Dent. P,i', .~)::: >1')1"1.",,
,',-- 1 ~ l
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"Address of Lessee for Notificationll
\\in!2; 2-E Stock IsLmd Kc\' h'cst, l'lol'1c!:l :~'lil
sna.l":"
~e.~n
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:-jlLl~
"Address of Lessor for Notificationll shall ;']ean,,\ ""
Conman\" ,L5]O \1': 10th ;\n'. )),0. Bm:2::iC)](1 FU1':: L\i.k:,"',_:~1~;'. ,~-,-
"Equipment Return Location" shall ;;",ean
lIExecution Date" shall mean
1\ 1 -
;_;,:_)CC:~:~~l:"':\ t' _
"Governing Body" shall mean the Cr,JIflT" \ -'--""1 <.; ;,T"'-",-
of the Lessee.
"Late Payment Rate" shall mean r,''l ,;l,i -~1 fif)
annum, computed on the basis of the actual ~umber
elapsed.
percen'C,
c:: davs
"Leaself shall mean this Lease .igreemerl1:', i.::C.l.L.G~",:
Schedules A and B hereto, as this Lease Agreement may 08
amended from time to time in the manner herein providec,
"Lessee" shall mean ~[onroe LOunt\- ~lunicipal SelTice District
, a Public Body of the
State.
"Lessor" shall mean DeWind :.hchinerv COlnpan\'
"Principal Financial Officer" shall mean the \l:l\'nl'
of the Lessee.
"Public Body" shall ~ea~ 2
the State.
Lit: ,,::11 '-':~:~:j _1 \ i ,.: I
.,
"State" shall mean the State of '!c)'j,Ll
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. C:OIilD:lIl\' (LESSOR)
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CERTIFICATE OF ACCEPTANCE
Equipment Lease/Purchase Agreement
(Government)
To: The Citizens and Southern National Bank
The items of Equipment described in Schedule A to Equipment
Lease/Purchase Agreement (Government) between ~lonr()c COtlIlt\ :"d~ll....'j:".l
Serdcc District (" Lessee") and
-
D€\\'ind ~lachinery COlTIRany ("Lessor") have
r
been delivered in good order, have been subjected to all neC2ssar'y
tests, and are hereby accepted by the undersigned as bein; 3atis-
factory in all respects.
~kmroe Cu;mt> 'h.ln1:;l't:=.T', L','
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Da te : // ~) ~--e.../L/
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By:
/d--;?,r;
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"
Title:
STj\::: 0;:: r=!_C~l:~i\
UNIFORM COMMERCIAL CODE - FiNi\NCING SHITEMENT - FORM UCC.1 REV. -1981
. THIS FINANCING STATEMENT is presented '0 ~~~~_~'.!!!.~~'.c:~_'I~~i! pursuant to the Uniform COrT'merC131 CJde_ __===_==
DEBTOR (Last Name First if a Person)
NAME Monroe Cmmty Municipal Service
1A District
MAILING ADDRESS Pub1ic Service Bldg.
Wing 2 -B Stock Is land
CITY Key West STATE FL 33040
THI, ~ fA:E =OR USE OF F'LiNG OFFICER
03t.~ TIT! ~Jmber & Filing Office
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MULTIPLE DEBTOR
NAME
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MAILING ADDRESS
CITY
MULTIPLE DEBTOR
NAME
1C
MAILING ADDRESS
CITY
(IF ANY)
(Last Name First If a P'~rson)
STATE
(IF ANY)
(Last Name First if a Person)
SECURED PARTY (Last Name First If a Person I
NAME DeWind Machinery Company
2A
MAILING ADDRESS 4310 ~w 10th Avenue
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CITY Ft. Lauderdale STATE
FL 3330Z._______~_:
(Last Name First If a Person)
MULTIPLE SECURED PARTY IIF ANY)
NAME
28
MAILING ADDRESS
AUDIT
UPDATE
CITY
STATE
ASSIGNEE OF SECUFIED PARTY (IF ANY) (Last Name First if a Personl VALIDATION INFORMATION
NAME The' Citizens and Southern National Bank
3 Equipment Financing & Leasing Dept.
MAILING ADDRESS P.O. Box 4431
CITY Atlanta
STATE GA 30302
4. This FINANCING STATEMENT covers the following types or Items of property (Include desCf/CflOn of real properry on which (oeared
and owner 01 record when requlfed) If more space ~s reqUired, attach additional sheets 8'/1 x 11"
If SOl
10. ,CheCk
If SOl
rl
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CU) 0
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O('j ~ CfJ
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Ot/) e 0
ze ro Q)
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One (1) New 1982 Rex Model 335 Trash t-.1asher, SIN HER216
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--~, 7. "0.01 addItIonal Sheets c.'esented
.~ Proceeds ~"-o_'lateral~cov,,,-ed as provided In Se"tl.9~7!l_c~03."nd_6!9c~_~!,cS_.. 1" c'
~6...'_~!~~~Secretar.y of State..- FT. _____L___none_______
8. (Check C) =J All documentary stamp taxtfS due and payable or to become due and payable pursuant to S&ctlon 201.22, F.S.. have been pala
:J Florida Documentary Stamp Tax is not required.
9. This statement is filed without the debtor's signature to perfect a security Interest In collateral (CheCk
~~ already subject to a security Interest In another jurisdIctIOn w.hen It was brougnt ,nto !h~S stateJf 'J~8!--:(S
location changed to this state.
=~eb!lH s a tr3r~-i','~ !",,-:;
O;:;,j.,:,::!S .,"::.1- ':::_:~~.3tf":1: :;:~ ::',>:"f---;
which IS proceeds of the orIginal collateral described above In which a se:.:v tv ~r,tereSl....as cer+e:te::
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as 10 which the I:tlng has lap'3ed
STANDARD FORM - FORM UCC-1
acquired after a c!lange of name, Identity, or corporate structure of !~e
__, debtor or - . secured party
13, Return copy to
[NAME-The Ci tizens-aruiSout~m-National Bankj
IADDRESSEquipment Financing & Leasing Dept. i
I P. O. Box 4431
!CITY Atlanta
STATE GA lIPCODE :)0302
ASSIGNMENT
OF
EQUIPMENT LEASE/PURCHASE AGREEMENT
Between the undersigned and \10111'0(' COLmty .\hm ic i!)] i
<'!Ti,-O_
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Dated
l)(Y"f'mhf'l' ") J
19 l"
, ~.
FOR VALUE RECEIVED, the undersigned ("Lessor"), the
original lessor under the attached Equipment Lease/Purchase
Agreement (the "Lessee"), hereby transfers, assigns and conveys
to The Citizens and Southern National Bank ("Bank") the Lease,
together with all rights, privileges and powers of the Lessor
in and under the Lease, and warrants that the Lessor has no
knowledge of any fact which renders the Lease less valuable
or valueless.
The Lessor represents that it does not knmv or have anv
reason to believe that there is or is to be any extension o~
credit to the Lessee named in the Lease (the
"Lessee:'), ~:1
connection with the purchase of the property
. .....,. .
c e s c r ~ :: e dl n c :-: .~
Lease other than as recited therein; and there are no agr22-
ments, arrangements, or understandings between
-~~ 0
L~l_
.:...2ssor .:::.c:.::.
the Lessee whereby the Lessee mav ~ake payments
. ,
ot:~~!" :::lan ~~3
recited in the Lease.
This Assignment is "made pursuant to a Dealer Agree~ent
(Government Leases) between the Lessor and the Bank, ~nd ~_~
terms and conditions thereof are incor?orated herein bv O~S_
ference and made a part hereof. This ~ssignment s~3l: ~~u=_
to the benefit of the successors and assigns of the 3ank.
IN WITNESS WHEREOF, the undersigned has set its hand and
seal as of this /6~day of Vel"" p#/Y/6t?r , 19Q.
L
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Accepted by The Citizens and Southern National
~ol^ day of j)erpn7~c'r , 19 S....z.
~7~u~~
Title, 4':/;de ~4~
4l.A de- kd-:/
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Bank this
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RIlOROIl.. "..oM Ilii.'::':"iil '.HILAHOO. FI.A,
fDfiT lAUDHiUAU:
4310 N W_ 10th Alii _,;,3lJlJ
PH01\1[ (305) 7 u-mJ:.'o
MI/,IVII lJlHLCT LINE
305-3lJ-5748
Ol:W.1 NO MAcH .,.SAvtOft,1PA.NY
TAMPA
:3319 U.S. HWY. 301 NORTH
33619
PHONE: (813) 626-5131
JACKSONVillE
6740 HIGHWAY
AVENUE 32205
PHONE:, {904l 7$6.7510.
Datt~_
12/1/82
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Ship 1'0__________ M~l~~~~- county._______._--------. ._._ _______--_______.__~----_--.--~---
At _..~tQgl<_..l~.!.~gd!. I<~~._ We_~.!::r~ Fr.:__330~.E.._.______""-.----.---
Routi/lg__ ...
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_ ___~u~~?~paJ_.~~E!~?E.;__?_~str~c:.~.L__~~~~i~-~~~vic.e ~ldg ~tock Island
__.. ..~_~X~"=~_~.!_~;L 3304p__~:_::'ri'~ ~ ._o.:~~::~ lie~uaij4~fl; Shipp~f,g OatL._..l we__
John' M, DtlWind
Invoice To.
TerJIIs:_____2 ~__ mo~~!~_2:~a.s-!:..... _..._ . _.______..___-.-----4--___Sa1e$man
=_-=.:.:..:::c________ c.:==_= ....--. .;;;:.;::;;;:.;_.....=c.;:;:._:.:.:.:..-..:;..:;;;;=.;c::;;..~;.;:::="="::::;.-....--T-'--:n
One New Hex Mad,el 3-35 '!'ri:;UlSll}aster wit.h(~11 stqndax,"
----- ------.- equ i pmt;m;;:":1'JlCludilti-1".""'Pe'tre-i-e--6V-$Vr,.--&5- ..'
-----_.-------- .- --~6~~~~ir~.~~~~~~~i ~ ii~!~~ ~i~n~f;.!i~~rX~r~~~~.~~
~__._____.._, ..Large -Coo.1:..i..n.9.C(.lpa,cLLy dud_wi de Iti,tL.~.~~cd rlg.,..for. .
Cleaning. Radiator J?rotected by He~vy"'Duty Gri ,ie.
u-'Engine-Mat~ed;-'Dry "'''1'y pei\.ir -ei-eanetfWi t
~ri~-I!~~i~-=~~~e~-~~~~X-'6[~ikn~'~p~~~;~:=;~7R~~~i-~- ~s;n:i~~
shi f t.'rJ.:an;,lmi:.i~i on \.v it.h.-'I'o..J;queCo.u.:v ~to:r:,--CJ...;;u:,k..
Planetary prive Axle.s \vith Labyrj.nthSeal P'rot~e tOl's. A
-Wheel~Ori ve, .R:idg Q- r.1:Qun ted--:-'No--S~-!"r'OntJ!)j,"f-:eer~t".t-a .
... ... ~~<il~~iig A6t(tf:~~d ~:~~j: ~r~I~~;l~~~~i~i~:-~~~e-~~~dh~~~~:
u,_ Actuat(;d l'drJ".ing lJrd.k:e.eent.er.A.t::t i nIl i cding... 5i~f'.d.ng:.
Open Pivot.al. Doou, at Ax:-ticulated Joint for EaaJ-1 Service
'access. ~"Engtneholl:Jed with - spring' Assisted'l'iitjttoocr;-
1 C()lUp1~te Undlc:J: s~~ It; t?;:o tl'lcted J?Y ~)"_~ :-~_'t:.~e_l rtBl~ lJ.jLl~~!! I-~...
Belly Pan Mechanic41ly Lower~ Vertically for SeJ::jvicing.
- ......... --l~vy-I)u:t.y....,1fy~ul-i,cally -Con.t&~~--Pp-I' Down---an4--Float
Posi tion 1?ladu, with :::ee-'i'iu ough !;l)Ard and. _~i:SQJe
.. -----I -CUl... L...Lng .c.U':J~;:;" h..L.I."; \,,'-;' _T~~>t'r;;,,#~_ wlu;;.\el~...!t!:'tn \,)..t....._...# .
.____ ~ n' ... S~lf~:l~-fM!!n}J..!..JU~B_J~~qfRsm.:-}'langaneileJ ~~ee~ ~~~';.~_~:' I
p, ICe; ,ldtell dlJUve 01" t= _l:>.l3. Factory unless otherWise ,wwd. Th."" r-<ric.-" 'J'" ~"bj"cl to change without-notice imd ordetlcalling fG~'iiJturtl delivery will be billed
accuruinv to tilt: ...H'l;~ F .O.B. ~~<J<.;tory II. dtt.aCL <Hi.f,n~-.; ;';,1 Uf;:!i;.Il;;,'''- I 1;,1 ep!ount L,f tne pr~~ent or fu,~rc ;;ales, u$t:ln~\ienue. eXCI5'" Of other ta)(es,'imp<>>ed.bY
i;JIIY liJ\NtuJ uovl:rnrnei1ldJ dU ltlUl1 ty Ofl ttlt~ ~quIjJlnt:ll\t ij' i(j/\), ~liJ.-,pli',:" :: .)~,..~: ~b()\/I:! shall be dOUtH..t tG t:v~ pi.i'Ghase price- ana sh(jiibe paid by th~ purchaser. ar._ i11
llcu ttlertlpf, tht: pUh:lh.n~l:r ~jlijii ~HOvll.S6 UeWH,(j Ivk,ctlltlt:.;fY GUlIlPoJily w~tlJ jj tdx f:XernpllOn certltl\.:dlt: 1~"lo.;ui:1' ;;:;:...-"'1. h.... the oQprpf..-IrtitltJ tiiJx i;HJif',,,j:i!V,
'1111'. uld,~r L\JII::"lltUlc~ dO uth:1 t..y Pl.lI(..nl.l~CI t,.lj :J1;.\tv'IPJ M"lH:hint:IY COlnp~Hl'y until Selina is i.H;(,;.ptud and 4Ppruvf.id ~v the DeVV1nd ,....,achll....\i CVlllp~nv t).omt-
offlu~ whlctl dcu:~pta'H~e ~hall bt~ eVl{jenccU uy Hit: $i~nlllH ot lids UI(jt:r by dll l)ttl(:;~r of SelltH in :ilp",(;1:t prOVIded for bttlow.
1 tll'l u,dt~( l'!l sulJlcCt tv all of thu tel'lllS dl!.! LorH.1,tlOflii- l;fl , bIJt,HSt; ::ildH.
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powet
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Purchilser's NellI"'/! ____./ _ .. .__
-I he dlJuve IIUlllyt-ft/sOIl wh(J tl.J<si\.)lwLJ h.l' .:J.,d on !JtHlE; t of r'\..l(~hd:,( (
to SI~Jrl 1111~ Pu "h Orck'r'--
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lUiOROE" f"OM t."...." OllLANOO. fLA.
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f-UH I LAUUEHD"U.
iLl II' N I/IJ 10111 J\Vt-: .UJU:J
PHONl (3U5) 7UH'J10
MIAMI LlIRECT LINt:
305<.1 /J5748
DE'WINDMACHtNJ:RVCO"~ANY
. "
TAMPA
3319 U.S. HWY.301 NORlh
:!3619
PHONE: (813) 626-5131
JACKSONVILLE
6740 HIGHWAY
AVENUE 32201)
PHONE: (904) 786-7510
12/1/82
Dale.
Sllip To
M()nf9~ .c;<?ll~tJ' '0
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D.M.C.
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Rou Ii ny...
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InvoictJ To
J11,.lni.<,;,il)~.l. a~-l,jliCJ;;. QJ.~t1:.LQt.......El.\l;I.Uc ~erY.J.&e._..u~.~.I-_ St~ck Iq+"~
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Key \N~:31: t l:'k ;3JO'UI
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.~Ierry._!!W-~l;l~e~---shiP.. plllg {)ate__ 3 w~~ks
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_____ .___,_______ ._. _ _"'~.._Sale:;lllan~- J9~m J,)~Wj.nd
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Designed for H~:tximu.cflC:rl1shing andCOInpi;lcting of S
.Wa s te,'.... 9'" 8 w~'r2'9.46mrriT'W.i<Hf -ComI?~c~ton..lrey7a:!f~~;.----A
l^JhL:.cls.r::e.,ruier.. ~.e)':t:.d...__",E.l1Ql.Q~~d, In~:Il).ate4 ,-~
Cab wi t:h Inte.~J:t.al ROPS. Adj ust-able, Sp.spension
Side l"aci:n(:j-$ea't .... ft:)x'36D -a~ree---~~i-t.--y..---Gl
Grouped c;ontroJs. Windshield Wipers ~.... Ji'ront a.nd
Tl~1.tE~d- Safelt~; -GTas fi,. ()peratfrig'''L1g11f.-s:!r{l~ -2-"'Ff(:fn.t-~-
LiLJ-ht.ed Inl7t,J;\.l.l.l.I.en.t~t Dome..L.ighL.a.n.d.. flq;x;'f(l+.- ~
System Proteoted by Master Disconnect,Swi~ch. Pa
Newt.iine;"}l.utom,atic.t<;ngine Shut..dOYlh for -iow--oi-l."
and hiohteU\ueraturE.
._____._ .+'_H'_ ..,__~_ ._,...,_~,.__.____:p,---"... ..._......_.,__:....". _.. ."-'- ..-' _~__.____+ ..-'-~'~'- .~ ._,..............n--,_. ~.----.-...-.- ..-'-
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Sp~ci~l Nc T~dde Di~cuunted Price FOB Key West
$114 660 00
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Pi ILl::. ::.ldl\~0 .llH)Vll Ull.~ f- U b . ;:II.! III'" \Ii litL~;" Utllt,;l fJ'"hd .lvtud 'ltw;;. III h;l;'; ul t; :'Ubjdct to c-htJnye wltlH.)ut no lieu dnd ord~rs caUlng fol' future uttllvery ""iii be billed
i:H.:t.:onJIII:J tu tilt: pra.:~ t;.O.li_ .-tJ\.!UI'l11l il1l.;,l dt Ulli~-U; dt;ilVCiy Ihu'ctllH.Junt of the ~)fe5t;1nt (.if' loture sdles, USCk revenue, exCise, or other taxes irnpos~dbv
dllY IdWlul \Jl.Illt:rr\llIt~lltdl lJl)lhuIIIY iJII tIn l;'\jlJlp~1"~fll ..HuJ/ol lhir;p\ll:~~ 11~;lI:J ~dJOVtt shall ue aQued to the purchase pl'ice and shall be'patd by'thepurcha5ar, or,in
IH:u tllt::fl.'Vf, till; JJ\Hdl~I~t:1 ~1I.lllllfl.lvldt) l)~'VJllHJ ~jl.I~':t\llluty COfllpi;n" wlth ~ll(JX t:x~lnption curtlh~dte la_wfully ISliued,by th~ approprii:HO tax authorlty.
nll~ (Hlkf cun:'lill.Jk~.jll utlt.'f by "'urLtld:~t:f h) f).,'Ntud fvldclllHt:IV CUllll'dny until ~dlnt.: ji accept~d and a~prov..d by the DtlWUld Ma<.:hlntlry Corllpany hOlne
ulht e V..,dll' II Jl.-l.-I~ptdIILI' ::.hdlllle t;,..I(1Plh..i;.all.JY lho Ii ,nillO IJI llll~ Ud.h;H WI! ~n uftlcer of Seller Hl $fJ'*C~ provided for' bc,low ~~~Tr (t' '[.011
1111' UfJ" I; ,ub)""! 1(, dll 0111'" It',"", "lid CllIl{j'lI/' " IIn/l're.' ;I<k ,1;,,1 . 0011 if. ~'i'li '''-1 "-LLi\e',II'
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Purchaser's Narne7' ?__n__._j' . - Purchaser's Authoril.e!-'J Sjyn~ture .
1 ht: ;jbUVt~ llull'H::tf P~OIl ~}.J.lld~ ')!':!lIi iJ tor allU on tJUhdl1 tll Pdft;I:\J~(;r I t::pr~~i;ents onu WUfrpylU unto De Wind Machi,.
\0 SI\j1l \111; PUlc~a~ Ord"r.
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