On April 01, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Caterpillar Financial Services Corporation,
and
Antonio Mucci,
Unique Hardscape Llc,
for Commercial - Contract
in the District Court of Saratoga County.
Preview
FILED: SARATOGA COUNTY CLERK 04/01/2024 05:47 PM INDEX NO. EF20241092
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/02/2024
EXHIBIT "E"
(Page 1
FILED:of SARATOGA
1) COUNTY CLERK 04/01/2024 05:47
THIS ISPM
A COPY INDEX NO. EF20241092
NYSCEF DOC. NO. 6 Authoritative Copy of this record
RECEIVED is held04/02/2024
NYSCEF: Wecusign.net
ASSIGNMENT OF INSTALLMENT SALE CONTRACT (WITHOUT RECOURSE)
Contract Number 001-70013617 Financial
1. PARTIES
ASSIGNOR: ASSIGNEE:
SOUTHWORTH-MILTON, INC. CATERPILLAR FINANCIAL SERVICES CORPORATION
100 QUARRY DR 2120 West End Avenue
Milford, MA 01757-1729 Nashville, TN 37203
2. ASSIGNMENT
For valuable consideration, the receipt of which is acknowledged, the Assignor identified above ("Assignor") sells, assigns, transfers
and sets over to the Assignee identified above, its successors and assigns, all of Assignor's interest in and right and remedies under
the Installment Sales Contract between Assignor and UNIQUE HARDSCAPE LLC ("Buyer"), Contract Number 001-70013617, together
with any and all notes, guaranties, certificate, instruments or other agreements related thereto (collectively, the "Contract"), including all
of Assignor's rights to collect any and all installments due and to become due on the Contract and to take, in Assignor's or Assignee's
name, any and all proceedings Assignor might otherwise take, and (b) Assignor's security interest in the Units (as such term is defined
in the Contract). This Assignment is without recourse as to Buyer's financial ability to pay.
OTHER TERMS AND CONDITIONS
3. Assignor represents and warrants to Assignee that (a) the priority security interest in the Units I e •ment (if
Contract is genuine and all statements of fact contained any) described as Additional Collateral in the Contract, and
therein are true and correct; (b) the Contract has been duly good title to the Contract, free of all liens, claims, security
authorized, executed and delivered by the parties thereto, interests and encumbrances; and (k) as of the date hereof,
(c) the signatures on the Contract are the genuine the unpaid balance specified in the Contract is $47,957.76
signatures of the parties whose signatures they purport to without offset or deduction of any kind.
be, (d) the Contract is the original and only contract
executed in connection with the Units; (e) the Contract 4. This Assignment will be binding on Assignor, its successors
constitutes the entire agreement of the parties with respect and assigns and will ensure to the benefit of Assignee, its
to the Units; (f) the Contract is a valid and binding successors and assigns.
agreement of each party thereto, enforceable against such
party in accordance with its terms; (g) Assignor has the 5. This Assignment will become effective only upon its
right to assign the Contract to Assignee; (h) as of the date acceptance by Assignee. If any provisions of this
hereof, no party to the Contract is in default thereunder; (i) Assignment are in conflict with any applicable statute, rule
the Units have been delivered to Buyer under the Contract or law, then such provisions will be deemed null and void to
in satisfactory condition and have been unconditionally the extent that they may conflict therewith, but without
accepted by Buyer; (j) upon acceptance of this Assignment invalidating any other provision hereof.
by Assignee, Assignee will have a valid, perfected, first
SIGNATURES
CATERPILLAR FINANCIAL SERVICES CORPORATION SOUTHWORTH-MILTON, INC.
Atura, (hti6-, Joel Levandowski
Document Analyst Financial Services Manager
2/5/2021 12/28/2020
US Assignment of ISC (Without Recourse) 4112636 23/12/2020 07:37:25 AM Ref. 791503
Document Filed Date
April 01, 2024
Case Filing Date
April 01, 2024
Category
Commercial - Contract
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