- 13 - 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 willPage: 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