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HomeMy WebLinkAbout01-1290 ' COMMONWEALTH OF PENNSYLVANIA - UCC/~%SA-Cumberland CounTy/ FINANCING ~TATEM ENT ~/ PARTIES Uniform Commercia[Code Form UCC-1 ~ Debtor nam~ (last name first if individual) a~d mailing address: IM PORTANT-PIease 'n Ahlstrom Technical Specialties LLC Intersection Rts 34 & 94 MT HOLLY SPRINGS, PA 17065 Debtor name (last name first if individual) and mailing address: ta Debtor name (last name first if individual) and mailing address: lb Secured Party(les names(s) (last name first if individual) and address for security interes informa ~on: Tennant Financial Services 4333 Edgewood Rd. N.E. Cedar Rapids, IA 52441 2 Assignee(s) of Secured Party name(sJ(~ast name first if individual) and address for security interest informahon: 2a Special Types of Parties (check if applicable): I--1The terms "Debtor" and "Secured Party" mean "Lessee" and "Lessor," respectively. rqThe terms "Debtor" and "Secured Party" mean "Consignee" and "Consignor." respectively. [] Debtor is a Transmitting Utility. 3 b [] as to which the filing has lapsed. c. already subject to a security interest in another county in Pennsylvania [] when the collateral was moved to this county [] when the Debtor's residence or place of business was moved to this county d. already subject to a security interest in another jurisdiction- [] when the collateral was moved to Pennsylvania. [] when the Debtor's location was moved te Pennsylvania, s r-]which is proceeds of the collateral described in block 9, in which a sect3rJty interest was previously perfected (also describe proceeds ~n block 9, if purchased with cash proceeds and not adequately described on the original financing statement) Secured Party Signature(s) (required only if box(es) is checked above): reverse side of page 4 before completJ~l ~.~, _ Filing No.(stamped by filing officer' Date, Time Fil~Ot. fic~r,L~l~l~;[.~,~,.iling-'t* ~r~.~-' ~ officer' ThisFinan~ng Statement is presented for filing pursuant to the Uniform Commercial Coda, and is to be filed with the (check applicable box): ~ Secreta~ of the Commonwealth of ~nnsylvania. g ~othonota~ of ~ real estate r~ords of Number of AddRionst Sheets (if any): ~ Optional Special Identification (Max. ~ 0 characters); COU-ATERAL Identify coll~eml by item and/or type: (1) Tennant Model 5700-700D Scrubber with any and all aJdi~ions, attachments, accessories and accessions and any and all substitutions, replacements or exchanges therefor, and any and all insurance and /or proceeds, thereof, financed pursuant to that certain rental agreement between Alhstrom Technical Specialties LLC and Tennant Financial Services. This financing statement is being filed solely as a pre3aution, if contrary to the intention of the parties described a~ove as lessor and lessee, the agreement is deemed to be other :han a lease. County __ County, 6 7 8 A/S # 4067400-001 J~] (check only if desired) Products of the collateral are also covered. 9 Identify related real estate, if applicable: The collateral is, or includes (check apFropriate box(es)) a [] crops growing or to be grown on - b. [] goods which are or are to become fixtures on * c. [] minerals or the like (including oil and gas) as extracted on - d [] accounts resulting from the sale of minerals or the like (including oil and gas) at the wellhead or minehead on ~ the following real estate: Street Address: Described at: Book of (check one) [] Deeds [~ Mortgages, at Pages(s) for County. Uniform Parcel Identifier [] Described on Additional Sheet. Name of record owner (required only if no Debtor has an interest of record) DEBTOR SIGNATURE(S) lb RETURN RECBPTTO: LEXIS DOCUMENT SERVICES INC PO BOX 2969 SPRINGFIELD, IL 62708 (1) FILING OFFICE ORIGINAL your expense. You will pay all premiums and related charges, including interest at up to 1.0% per month, or the highest legal rate, if less. We are under no duty to tell you if your insurance coverage is adequate. 14. LOSS Off DAMAGE. You are respansibla for any loss of the Equipment from any cause at all, whether or not insured, from the time ea ch is delivered to you. Your obligations under this Agreement will not ba affected by any such loss or damage. If any item of Equipment ia lost, stolen or damaged, you will promptly notify us of such event. We will require you, at your option, to promptly do one of the following: (A) repair the Equigment so that it is in good condition and working order or (B) pay to us the amount set forth in Section 16. 15. DEFAULT. You will be in default under this Agreement if any of the following happen: (A) we do not receive any Rent Payment or other payment due hereunder when due, or (B) you or any of your guarantors become insolvent, are liquidated or dissolved, merge, transfer substantially all stock or assets, stop doing business, or assign rights or propa~/for the benefit of creditors, or (C) a petition is filed by or against you or any of your guarantors under a ny bankruptcy or insolvency law, or (D) (for individuals) you or any of your guarantors die, or have a guardian appointed, or (E) any representation you have made in this Agreement shall prove to have been false or misleading in any material respect, or (F) you or any of your guarantors break any promise made in this Agreement or any guarantee and do not correct the default within ten (10) days after we send you written notice of the default, or (G) you default on any other agreement between you and us {or our affiliates(. T6. REMEDIES. Immediately upon the occurrence of a default, we may at any time take any or all of the following actions, one at a time or at the same time, unless pro- hibited by law: (A) terminate this Agreement, but you will remain liable for all obligations which have not yet been met; (B) require that you immediately pay, as com- pensation for loss of our bargain, and not as a penalty, an amount equal to the present value of the remaining Rent Payments discounted at the higher of six percent or the minimum rate permitted by applicable law; (C) require that you return the Equipment, in good working condition, to us to the place we tell you, properly crated and shipped in accordance with manufacturer's recommendations, freight prepaid and insured; (D) immediately enter your premises to retake possession of the Equipment without the order of any court, and you will not make any claims against us for trespass, damage or any other reason; (E) sell all or any portion of the Equipment at a public auction or by private sale without giving you notice of any advergsing or otherwise (unless required by law) and apply any proceeds received at such sale first to pay any costs and expenses incurred by us (or our assignee) in connection with the recovery, repair, storage and sale of the Equipment, and then to any amounts you owe under this Agreement, and you agree that you will pay any shortfall immediately; and/or (F) take any other legal actions. You agree to pay all our costs of enforcing our rights against you, including attorney's fees and expenses, You agree that we will preserve all of our rights against you even if we de not choose to enforce them at the time you default. 17. PAYMENT RATE. If it is determined that the interest rate attributable to any portion of the Rent Payment or any other amounts payable under this Agreement is at a rata higher than allowed by law, then such interest rate shall be reduced to the highest amount allowed by law and ag amounts payable hereunder shall be reduced accordingly. In no event shall we charge or receive nor shall you pay any amount in excess of the legal amount. 18. YOUR REPRESENTATIONS, You state for our benefit that aa of the date of this Agreement (A) you have the lawful power and authority to enter into this Agreement, (B) the individuals signing this Agreement have been duly authorized to do so on your behalf, (C) by entering this Agreement, you will not violate any law or other agree- ment to which you are a party, (0) you are not aware of anything that will have a material negative effect on your ability to satisfy this Agreement, and (E) all financial information you have provided us is true arid accurate and provides a good representation of your financial condition. 19, YOUR PROMISES. In additioo to the other provisions of this Agreement, you agree that during the term of this Agreement (A) you will promptly notify us in writing if you move your principal place of business, if you change the name of your business, or if there is a change in your ownership, (G) you will provide to us such financial information as we may reasonably request, and (C) you will take any action we reasonably request to protect our interests in the Equipment and to carry out this Agreement. 20. RELEASE OF [NEORMATION; ASSIGNMENT BY US. You agree that we may, without notifying you, release all information that we possess about you and this Agreement to Tennant Company and any prospective investor, participant or purchaser of this Agreement. We may, without notifying you, sell, assign or transfer this Agreement and our interests in the Equipment. You agree that if we do so, the new owner will have the same rights and benefits that we now have. You agree that the rights of the new owner will not be subject to any claims, defenses or set-offs that you may have against us. If you are given notice of a new owner, you agree to respond to any requests about this Agreement and, if directed, all Rent Payments'and other amounts due under this Agreement. 21. ACTS ON YOUR BEHALE You agree that we can, but do not have to, take on your behalf any action which you fail to take to comply with this Agreement, and you wgl reimburse us for our expenses with your next Total Rent Payment. 22. MISCELLANEOUS. This Agreement is governed by the laws of the State of IOWA. This Agreement contains our entire agreement and supersedes any conflicting provision of equipment purchase orders or any other agreement. TIME IS OF THE ESSENCE IN THIS AGREEMENT. If a court finds any provision of this Agreement to be unenforceable, the remaining terms of this Agreement shall remain in effect. This Agreement may only be amended by a writing signed by you and us. 23. NOTICES. All our and your written notices must be sent by certified mail or recognized overnight delivery service, postage prepaid, to your address set forth on the back page or our address set forth above, or by facsimile transmission to your facsimile telephone number set forth on the back page or our facsimile telephone num- bar set forth above, with oral confirmation of receipt, At any time after this Agreement is signed, you or we may change an address or facsimile telephone number by giving notice to the other of the change. 24. WAIVERS. WE AND YOU EACH AGREE TO WAIVE AND TO TAKE ALL REQUIRED STEPS TO WAIVE ALL RIGHTS TO A JURY TRIAL. To the extent you are permitted to by law, you waive any rights you now or later may have uDder any statute or other,v/se which require us to sell or otherwise use any Equipment to reduce our dam- ages, which require us to provide you with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due, or which may other- wise limit or modify any of our rights or remedies. Any action you take against us for any default, including breach of warranty or indemnity, must be started within one {T) year after the event which caused it. We will not be lie bio for specific performance of this Agreement or for any losses, damages, delay or failure to deliver the Equipment. To the extent you are permitted to by law, you waive all rights and remedies you have by Article 2A (Sections 508-522) of the Uniform Commercial Code, including but net limited to your rights to: (A) cancel or repudiate this Agreement, {G) reject or revoke acceptance of the Equipment, (C) recover damages from us for any breach RENTER A ~,~~r~° ~' T'~'~ ,'c,~[. ~ ~-¢ ~. I1','~.~ L.L- c~. of warranty or for any other reason, and (D) grant a security interest in any equipment in your possession. (Print Name) (Print (Print Name) (Print ~tle) Date: