William R. & Carol Enyart - Page 6




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               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 promissory             





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Last modified: May 25, 2011