William R. & Carol Enyart - Page 13




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          to “have the use of such equipment, by appropriate lease or other           
          reasonable method, until the financed amounts shall have been               
          paid by B&L and releases of lien secured, at which time the                 
          equipment shall be transferred to ENYART”.  There is nothing in             
          the record that shows that any lending institution holding a lien           
          on the B&L equipment objected to the transfer by B&L of such                
          equipment to Mr. Enyart.  Nor does the record establish that                
          B&L’s transfer of the B&L equipment to Mr. Enyart could not have            
          been, and was not, effected during the year at issue.  To the               
          contrary, the bill of sale and conveyance effected during that              
          year the transfer by B&L to Mr. Enyart of the B&L equipment and             
          did not merely grant Mr. Enyart the right to use that equipment.            
          The bill of sale and conveyance provided in pertinent part:                 
                    FOR VALUE RECEIVED, B&L * * * hereby BARGAINS,                    
               SELLS, CONVEYS, ASSIGNS and TRANSFERS unto William R.                  
               Enyart * * * all items of [the B&L] equipment * * *                    
               subject to the following terms and conditions:                         
                     *      *      *      *      *      *      *                      
                         4.  Enyart acknowledges that the items herein                
                    conveyed are jointly and/or severally subject to                  
                    financing 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 indebt-                
                    edness 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 documents re-                  
                    lating to such liens and indebtedness, including                  
                    but not limited to the providing of insurance                     
                    thereon, excepting only the payment of such in-                   
                    debtedness.  Enyart further agrees that he will                   





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Last modified: May 25, 2011