- 6 - transfer taxes, fees, and recording costs. 3. Enyart will transfer title to the listed equipment immediately upon delivery of this instrument, and shall be fully responsible for all liabilities attached thereto, except as set forth in paragraph 4, below, upon acceptance of this instrument. 4. Enyart acknowledges that the items herein conveyed are jointly and/or severally subject to fi- nancing or other liens evidencing indebtedness owed thereon, and accepts such items subject to such liens. B&L will remain responsible for the payment of such indebtedness and will provide releases of such liens at such time as the indebtedness is paid and such releases are executed by the entities holding such liens. Enyart shall be responsible, at his own cost, for the fulfillment of all conditions of the financing docu- ments relating to such liens and indebtedness, includ- ing but not limited to the providing of insurance thereon, excepting only the payment of such indebted- ness. Enyart further agrees that he will execute any documents required by the entities holding liens for the transfer of titles to the equipment. In August 1992, Mr. Enyart incorporated Bill Enyart and Sons Contracting, Inc. (Enyart Company) and used the B&L equipment to capitalize it and its operations. On May 14, 1992, B&L signed a promissory note payable to Bank of Ashland in the principal amount of $900,000 at 8.75 percent interest per year (B&L’s promissory note), which was to be paid in 36 installments of $28,528 that were to commence on June 13, 1992. Pursuant to the terms of B&L’s promissory note, B&L gave a security interest to Bank of Ashland in (1) “the goods or property being purchased”, (2) B&L’s “deposit accounts and other rights to the payment of money”, and (3) “other property” described in that note as “VARIOUS VEHICLES”. B&L’s promissoryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011