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  • Caterpillar Financial Services Corporation v. Unique Hardscape Llc, Antonio MucciCommercial - Contract document preview
  • Caterpillar Financial Services Corporation v. Unique Hardscape Llc, Antonio MucciCommercial - Contract document preview
  • Caterpillar Financial Services Corporation v. Unique Hardscape Llc, Antonio MucciCommercial - Contract document preview
  • Caterpillar Financial Services Corporation v. Unique Hardscape Llc, Antonio MucciCommercial - Contract document preview
						
                                

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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