Contract

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

This is a Certified Copy of a document managed though the eCore® on Demand (EOD™) Service.

□ Retail Installment Contract – Subject to State Regulation □ SECURITY AGREEMENT [check PA] □CONDITIONAL SALE CONTRACT[check DE]
[Check all states but DE & PA]
SELLER (CREDITOR) (called we, us and our) BUYER (called you, your and yours)
Name JOSEPH JACOB JEWELERS (CAP CITY MALL) Name FRANK J VALENTI
Address 3506 Capital City Mall Dr Name
Camp Hill
City__________________ PA
State___________________________ 17011
Zip____________ Home Address 142 HILLSIDE Drive
Telephone (717) 761-3717 City Greentown State PA Zip 18426
Salesperson Christian Agosto Telephone (570) 807-3431
Date of Contract 06/02/2022 (This is the Finance Charge Accrual Date unless a different date appears here ).
Sale on credit terms. You may buy the following goods (called goods) and services for the Cash Price (see below) now or the higher Total Sale Price (see below) over time. You choose to buy
and we agree to sell the goods and services for the Total Sale Price under the terms of this contract:
Description of goods and services Trade Name of Goods Serial/Model No. New/Used Price
jewelry $ $12,720.00
$
$
06/02/2022
The projected delivery date of the goods is ______________________________. These disclosures are required by law and are part of this contract:
ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed The amount of Total of Payments The amount you will have Total Sale Price The total cost of your
RATE The cost of your The dollar amount the credit provided to you or on your paid after you have made all payments as purchase on credit, including your down
credit as a yearly rate. credit will cost you. behalf. scheduled. payment of $___________0.00
24.00 % $ 10123.20 $ 12720.00 $ 22843.20 $ 22843.20
Your payment schedule will be:

Copy
Number of Payments Amount of Payments When Payments Are Due
Monthly, beginning 09/02/2022 , and on the same date every month
60 380.72
Prepayment: If you pay off early, you will not have to pay a penalty. Security: You are giving a security interest in the goods being purchased.
Late Charge: (check only if Seller’s address is in Kentucky or Michigan.) Unless checked here , if any payment is made more than 15 days after it is due, you will be charged the lesser of
5% of the overdue portion of the payment or $5.00.
“e” means an estimate. If we estimated the payment due dates, your first payment will be due 30 days after installation or delivery of the goods, and you must make all other payments on the
same day of each month thereafter. See your contract for additional information about nonpayment, default, and any required repayment in full before the scheduled date.
Security Interest. The Seller retains a security interest in the subject matter of this agreement. If you do not meet your contract obligations, you may lose the goods. You
give us a security interest in the goods to secure this contract. We give up any right we may have at any time to consider collateral you have given us for another obligation as collateral for this
contract. You authorize us to file all financing statements, continuation statements and security interest filing statements with respect to the goods to perfect or continue the perfection of our security
interest, you agree to sign any such statements when requested by us, and you will pay all taxes and costs payable when such statements are filed.

Itemization of Amount Financed

of
1.Basic Cash Price $ 12720.00 7. Amount Paid on Your Prior Agreement 0.00
$______________
2.Other property and services (not included in Basic Cash Price) $ 0.00 0.00
8. Filing Fees Paid to Public Officials $______________
3.Taxes (not included in Basic Cash Price) $ 0.00
4.Cash Price (1+2+3) $ 9. Amount Financed (6+7+8) 12720.00
$______________
12720.00
5.Total Downpayment (a+b) $ 0.00 10. FINANCE CHARGE 10123.20
$______________
a. Cash Downpayment $_________ 0.00 11. Total of Payments (9+10) 22843.20
$______________
b. Trade-In $_________
0.00 _________________________ (Description) 12. Total Sale Price (4+7+10) $______________
22843.20
12720.00
6. Credit Extended to You for this Purchase (Unpaid Balance of Cash Price)(4-5) $_____________

This Contract (including the arbitration agreement) is your entire agreement with us and cannot be changed except in writing signed by us. By
signing below as buyers on the Date of Contract stated above, you agree to all of the terms of this contract and acknowledge that before you
signed this contract under seal, we submitted the contract to you with all blank spaces filled in, you had a reasonable opportunity to examine it,
and we gave an executed and completed copy to you.

Original Notice to the Buyer: 1. Do not sign this agreement if any of the spaces
______ If this box is checked and initialed by you and us, the following
BUYER’S RIGHT TO CANCEL. YOU, THE BUYER, MAY
notice applies: intended for the agreed terms to the extent of then available information
CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT are left blank. 2. You are entitled to a copy of this agreement at the time
OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS you sign it. 3. You may at any time pay off the full unpaid balance due
TRANSACTION. SEE THE SEPARATE NOTICE OF CANCELLATION under this agreement, and in so doing you may be entitled to receive a
FORM FOR AN EXPLANATION OF THIS RIGHT. partial rebate of the finance and insurance charges. 4. You may under
NOTICE TO THE BUYER: 1. Do not sign this contract before you certain circumstances redeem the property if repossessed because of your
read it or if it contains any blank space. 2. You are entitled to a default, and you may, under certain conditions, require a resale of the
completely filled-in copy of the contract when you sign it. 3. Under property if repossessed. 5. The seller has no right to unlawfully enter your
the law, you have the following rights, among others: (a) To pay off premises or commit any breach of the peace to repossess goods
in advance the full amount due and obtain a partial refund of any purchased under this agreement. NOTICE TO RETAIL BUYER. Do not
unearned finance charge; (b) to redeem the property if repossessed sign this contract in blank. You are entitled to a copy of the contract at the
for a default; (c) to require, under certain conditions, a resale of the time you sign. Keep it to protect your legal rights. Illinois only: Retail
property if repossessed. Installment Contract. CAUTION – IT IS IMPORTANT THAT YOU THOROUGHLY READ THE
CONTRACT BEFORE YOU SIGN IT.
eSigned By:

JOSEPH JACOB JEWELERS (CAP CITY MALL) FRANK VALENTI Jun 02, 2022 1:27:51 PM EDT
(SEAL)
Seller Buyer
eSigned By:

CHRISTIAN AGOSTO VP of HR & Operations


BY: Jun 02, 2022 1:30:12 PM EDT (SEAL)
Signature Title Buyer

Notice: See Other Pages of this Contract for Important Information. The Terms of This Contract Are Contained on More than one Page. Table of Contents on Page 3.
Page 1 of 3
Multistate Sales MF 6/2017

This is a copy of an original document held by Mariner Finance LLC, with Wells Fargo Bank, N.A. as secured party.
This is a Certified Copy of a document managed though the eCore® on Demand (EOD™) Service.

“SAME AS CASH” OPTION. We will waive all Finance Charges if you pay an amount equal to the Amount Financed within _____ 720 days after the Date of Contract (the “Same as
Cash” Period). You must make scheduled payments during the “Same as Cash” Period. If you fail to make any scheduled payment on time or if you don’t pay an amount equal to the
Amount Financed during the “Same as Cash” Period, the “Same as Cash” Option ends. Finance Charges will then be assessed according to the terms disclosed on page 1 from the
Inits

Finance Charge Accrual Date and the “Same as Cash” Period will not be interest free. Buyer’s Initials _______
FV Buyer’s Initials _______
DEFERRED PAYMENT OPTION. No monthly payments are due for _____ 90 days after the Finance Charge Accrual Date. Finance Charges are NOT deferred and will accrue from
the Finance Charge Accrual Date at the Annual Percentage Rate. If you don’t make the first or later deferred payments on time, you will be in default (see paragraph 7, Default, on
page 2 of this contract.) By signing here, you acknowledge that you want deferred payments and have been informed of what happens if you don’t make the first or future payments
Inits

on time. Buyer’s Initials ______________


FV
Buyer’s Initials _____________

1. Governing Law. This contract is governed by federal law and by the law of the state where we are located (see page 1 of this contract). This contract is used in several states, and some of the
terms of the contract are different, depending on the state where we are located. Those different parts of the contract are prefaced by “IF OUR STATE IS [NAME OF STATE WHERE WE ARE
LOCATED].” If any part of this contract is unenforceable, this will not make any other part unenforceable (subject to paragraph 10(E) below). In addition, if any provision of this contract is contrary to
the rights and protections afforded to any “covered borrower” under 32 C.F.R. § 232.8, such contrary provision of this contract shall be inoperative and shall have no force or effect in connection with
such “covered borrower;” however all remaining provisions of this contract shall remain in full force and effect.
2. Payment Terms. You promise to pay us the Cash Downpayment now and the Amount Financed plus Finance Charge at the Annual Percentage Rate from the Finance Charge Accrual Date
until the due date of the final payment according to the payment schedule (all as stated on page 1 of this contract). We may be willing to negotiate the Annual Percentage Rate with you. Because
Finance Charges accrue on a daily basis, if you pay early you will pay less Finance Charge and if you pay late, you will pay more. The final payment will be adjusted to reflect your actual payment
dates. Each buyer is responsible to pay this obligation in full. Each payment will be applied first to late charges (if any), then to accrued interest, and finally to principal, or in any other order we wish,
unless otherwise required by law. IF OUR STATE IS MICHIGAN and you ask, we must give you a statement showing how any partial refund of Finance Charge will be computed if any balance of this
contract is prepaid. Any partial prepayment will be applied to reduce the unpaid balance and will not postpone your scheduled payments. After maturity of this contract, as originally scheduled or
accelerated, except if our state is Georgia or Pennsylvania, you shall pay Finance Charge at the Annual Percentage Rate on the unpaid balance of the Amount Financed until it is paid, including after

Copy
we get a judgment against you, unless we are required by law to charge a lower rate. IF OUR STATE IS GEORGIA, the annual rate is 16% and IF OUR STATE IS PENNSYLVANIA, the annual rate
is 6%.
3. Charges. If a law that applies to this contract and sets maximum charges is finally interpreted so that the Finance Charges or other charges collected or to be collected exceed the permitted
limits, then such charge shall be reduced to the permitted limit and any amounts already collected from you that exceeded permitted limits will be refunded to you. We may choose to make this
refund by reducing the Amount Financed you owe under this contract or by making a direct payment to you. If a refund reduces the Amount Financed, the reduction will be treated like a partial
prepayment.
4. Contract and Assignment. This contract (all pages, 1-3, which are incorporated by reference), and including the arbitration agreement, paragraph 10 below, is your entire agreement with us
and cannot be changed except in writing signed by us. We may assign this contract but you may not. After assignment, the new holder of this contract will have all of our rights, powers and
remedies, but will not assume any of our obligations, except as required by law, and we may retain a right to receive part of the Finance Charge. After assignment, “we” refers to the new holder of
this contract.
5. Your Obligations. You will not sell, lease, or give the goods as collateral to anyone else until you have repaid this obligation in full. You promise: to use the goods carefully and keep them in
good repair; to help us protect the rights you have given us in the goods; not to use the goods for any unlawful purposes; and to pay all taxes, assessments, and fees due on the goods.
6. Warranty. YOU ACKNOWLEDGE THAT WE HAVE MADE NO REPRESENTATION, PROMISE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
MERCHANTABILITY, SUITABILITY OR FITNESS FOR PURPOSE OF THE GOODS, UNLESS SUCH A REPRESENTATION, PROMISE OR WARRANTY IS WRITTEN ON THIS CONTRACT
OR CONTAINED IN A SEPARATE WRITING.

of
7. Default. You will be in default if you do not make any scheduled payment in full within 15 days after it is due. Our rights and your obligations after default are limited to the extent
provided by applicable law. When you are in default, after we provide you with any notice required by law and any cure period required by law expires, we can demand immediate payment of the
entire amount you owe. If we require you to pay the balance of your obligation at once, we can take possession of the goods, after providing you with any notice and cure period required by law, and
you may lose the goods. You will deliver the goods to us at a time and place we choose. After we have taken possession of the goods, we can sell them and apply the sales proceeds to the unpaid
balance of your obligation, or at our option and if you don’t object and applicable law permits, we can retain the goods in full satisfaction of your debt. We will give you notice of any public or private
sale or proposed retention as required by law. You will have to pay certain costs we incur in selling the goods. If the sales proceeds are not enough to pay us the unpaid balance of your obligation,
and to reimburse us for these costs, you still will have to pay us the difference, which is called a “deficiency.” If you don’t pay us, we can exercise our remedies against you under applicable law. If
the sales proceeds are more than you owe us, we will apply the excess as required by law. Unless prohibited by law (a) if this contract is referred to an attorney who is not our salaried employee for
collection, you agree to pay our reasonable attorney’s fee limited to 15% of the unpaid balance of this contract after default and all court costs, and (b) you agree to pay the other collection costs,
including private process service fees, we incur relating to your default. IF OUR STATE IS: ALABAMA, CONNECTICUT, FLORIDA, INDIANA, MASSACHUSETTS, MISSOURI, SOUTH CAROLINA,
WEST VIRGINIA, or WISCONSIN, you do not have to pay us the deficiency (a) if the price of the repossessed goods shown in the Description of Goods and Services on the front is $500 or less
(Missouri), $1,000 or less (Alabama and Wisconsin), $4,000 or less (Indiana), or $5,450 or less (South Carolina), (b) if the unpaid balance of this contract at default or repossession is (i) $300 or less
(Missouri), (ii) $1,000 or less (Massachusetts and West Virginia), or (iii) $2,000 (Florida), or (c) unless the goods repossessed are a boat (Connecticut).
DELAWARE, you will only have to pay our actual and reasonable costs of collection occasioned by removal of the goods from Delaware without our written permission, or by your failure to notify us
of any change of residence, or by your failure to communicate with us for 45 days or more after your default.

Original
MAINE, OHIO, and WISCONSIN, you DO NOT have to pay our attorney’s fees and collection costs.
NEW HAMPSHIRE, we will pay your reasonable attorney’s fees if you prevail in an action, whether brought by you or us.
NEW JERSEY, the amount of our attorney fees you must pay is limited to 20% of the first $500 of what you owe us after default and 10% of amounts you owe us exceeding $500.
NORTH CAROLINA, you DO NOT have to pay our attorney’s fees for collection unless we sue you and obtain a money judgment against you.
OHIO, we may not repossess the goods if the Total of Payments at the time of default (item 10, front, less payments you made) is less than 25% of the Total Sale Price (item 11, front).
PENNSYLVANIA, you will only have to pay our actual and reasonable costs of collection occasioned by removal of the goods from Pennsylvania without our written permission, or by your failure to
notify us of any change of residence, or by your failure to communicate with us for 45 days or more after your default and our reasonable attorney fees and court costs in any legal action on this
contract if we are the prevailing party. This is a contract under seal and may be enforced under 42 Pa.C.S.§5529(b) (relating to 20 year limitation).
8. Enforcement. We can delay enforcing any of our rights under this contract any number of times without losing them. We can enforce this contract against your heirs and legal representatives.
If we agree to change the terms of this contract, you agree that this contract will continue to protect us. We can waive or delay enforcing a right as to one buyer without waiving it as to any other.
Also, we can release one of you from his or her responsibilities under this contract without releasing the other. We need not give anyone notice of our waiver, delay or release.
9. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
10. A. Arbitration agreement. Except for Excluded Claims, at the election of either you or us, you and we agree to arbitrate all disputes and claims between us on an individual basis.
“You” and “we” include our respective affiliates, agents, employees, predecessors, successors and assigns. This agreement to arbitrate is broad, and includes, but is not limited to, all claims or
disputes arising from or relating to this contract, the credit provided to you by this contract, the actions of you, us or third parties, the validity of this arbitration agreement, and the closing, servicing,
collection, or enforcement of this contract (each an individual Claim). Any arbitration shall be governed by this arbitration agreement and the Commercial Dispute Resolution Procedures and
Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (AAA); provided that if the AAA is unavailable or unwilling to serve as administrator of any
arbitration, a substitute administrator shall be selected by either (a) mutual agreement of the parties, or (b) if you and we cannot agree, by a court at the request of either party. You and we may seek
relief in small claims court so long as the Claim is pending only in that court, the Claim is within the scope of the court’s jurisdiction and the relief is sought on an individual basis. However, seeking
relief in small claims court does not waive your or our arbitration rights for other related or unrelated Claims. Some claims are excluded from the arbitration process so that you may not elect
arbitration (Excluded Claims.) We may exercise lawful self-help remedies (such as repossession of collateral) and we may proceed in court for garnishment, repossession, replevin and foreclosure

Notice: The Terms of This Contract Are Contained on More than one Page. Table of Contents on Page 3.
Inits
Page 2 of 3 Inits

CA
Seller’s Initials _____ Buyer’s Initials ______FV Buyer’s Initials ______
Multistate Sales MF 6/2017

This is a copy of an original document held by Mariner Finance LLC, with Wells Fargo Bank, N.A. as secured party.
This is a Certified Copy of a document managed though the eCore® on Demand (EOD™) Service.

remedies. You may assert in court any defenses you have to the Excluded Claims, but any claim or counterclaim, cross-claim, or third-party claim, or claim you have for rescission or damages, must
be arbitrated. If we exercise self-help or judicial remedies, we do not waive our arbitration rights for other Claims. You may bring Claims to the attention of regulators.
B. No Class Actions, etc. You and we agree that the arbitrator only may resolve the Claims between you and us, that arbitration is not available and shall not be conducted on a class-
wide basis and that the arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. You agree not to participate as a
representative or member of any class of claimants for any Claim. If any question is raised relating to whether class actions or consolidated actions are permitted, the arbitrator is not
authorized to decide that question and that question must be resolved by a court.
C. Conduct. Before starting arbitration, you and we will notify the other in writing about the Claim and give the other time to resolve the Claim. If the Claim is not resolved within 30 days after notice
is received, the party starting the arbitration may file a claim with the AAA (or any substitute arbitration administrator). You may obtain the rules and forms of the AAA at American Arbitration
Association, 335 Madison Avenue, Floor 10, New York, New York 10017, 800-778-7879, www.adr.org. If a substitute arbitration administrator is appointed we will ensure that you have contact
information for such substitute administrator so that you may obtain any applicable rules and forms. The arbitration will take place in the county where you live, or, if you and we agree, by telephone.
The arbitrator’s findings, reasoning, decision, and award must be in writing and based upon the law that applies to the contract. You and we will keep any award confidential.
D. Costs. We will pay the costs of arbitration and the arbitrator’s fees. We will reimburse you promptly for any arbitration filing fee, or pay it if you can’t. You and we will pay our own attorney’s fees
and witness and experts’ expenses, except as otherwise provided by law.
E. Other Agreements. The Federal Arbitration Act governs this arbitration agreement. State arbitration laws do not apply. This arbitration agreement applies even if your contract has been
cancelled, changed, refinanced, paid in full, charged off, or discharged or modified in bankruptcy. If any part of this arbitration agreement (other than paragraph 10(B) (No Class Actions, etc.))
cannot be enforced, the rest of this arbitration agreement will continue to apply. If paragraph 10(B) (No Class Actions, etc.) cannot be enforced, the entire arbitration agreement shall be null and
void.
F. Right to Reject. You may reject this arbitration agreement (paragraph 10) by sending a signed rejection notice that we receive at 8211 Town Center Dr., Baltimore, Maryland 21236 (and no other
location) within 60 days after the date of this contract. You must include your name, address, telephone number and contract number. This is the only method you can use to reject this arbitration
agreement.
IF OUR STATE IS DELAWARE: Notice to the buyer: (1) Do not sign this agreement before you read it or if it contains any blank space. (2) You are entitled to a completely filled in copy
of this agreement. (3) Under the law, you have the right to pay off in advance the full amount due and under certain conditions to obtain a partial refund of the service charge.

Copy
IF OUR STATE IS ILLINOIS: Notice to the buyer: (1) Do not sign this agreement before you read it or if it contains any blank spaces. (2) You are entitled to
an exact copy of the agreement you sign. (3) Under the law, you have the right, among others, to pay in advance the full amount due and to obtain
under certain conditions a partial refund of the finance charges.
IF OUR STATE IS MISSOURI: Notice to the buyer: (1) Do not sign this contract before you read it or if it contains any blank spaces. (2) You are entitled to
an exact copy of the contract you sign. (3) Under the law you have the right to pay off in advance the full amount due and under certain
circumstances to obtain a partial refund of the time charge. Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt
including promises to extend or renew such debt are not enforceable. To protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering
such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
IF OUR STATE IS NEW JERSEY: Portions of this contract with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this
contract, actions or practices (i) by which Seller is or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may be or will be taken by Seller unless prohibited by
"applicable law" are permitted by New Jersey law.
IF OUR STATE IS OHIO: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain
separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
IF OUR STATE IS TEXAS: For questions or complaints about this contract, contact Mariner Finance at 844-338-2080 or 8211 Town Center Drive, Baltimore, Maryland 21236. The Office of

of
Consumer Credit Commissioner (OCCC) is a state agency, and it enforces certain laws that apply to this contract. If a complaint or question cannot be resolved by contacting the
creditor, consumers can contact the OCCC to file a complaint or ask a general credit-related question. OCCC address: 2601 N. Lamar Blvd., Austin, Texas 78705. Phone: (800) 538-1579.
Fax: (512) 936-7610. Website: occc.texas.gov. E-mail: consumer.complaints@occc.texas.gov.

Table of Contents
Page Page Page
Arbitration Agreement----------------------------- 2 & 3 Description of goods and services------------------------- 1 Payment Terms------------------------------------------- 1
Buyer -------------------------------------------------------- 1 Disclosures---------------------------------------------------- 1-3 “Same As Cash” Option -------------------------------- 2
Buyer’s Right To Cancel ------------------------------- 1 Enforcement ----------------------------------------------------- 2 Security Interest ----------------------------------------- 1
Charges ----------------------------------------------------- 1 Governing Law -------------------------------------------------- 2 Seller -------------------------------------------------------- 1
Default------------------------------------------------------- 2 Holder Notice ---------------------------------------------------- 2 State Notices ------------------------------------------- 1-3
Contract & Assignment --------------------------------- 2 Itemization of Amount Financed---------------------------- 1 Warranty ---------------------------------------------------- 2
Deferred Payment Option ------------------------------ 2 Notice to the Buyer ---------------------------------------1 & 3 Your Obligations------------------------------------------ 2

The material in this box is not part of this contract.

Original SELLER’S ASSIGNMENT


ASSIGNMENT: Seller sells and assigns to Mariner Finance, LLC (the “Assignee”) all of its rights, title and interest in this contract pursuant to the terms of this Assignment and any separate dealer agreement between Assignee and
Seller. Terms defined in the contract apply to this Assignment. Seller warrants that: the contract arose from the sale of the goods or services; Seller had title to the goods at the time of sale free of any liens; all disclosures required by
law were made to Buyer prior to his or her signing the contract; to Seller’s knowledge, the information contained in Buyer’s credit application is accurate; the down payment received by Seller is exactly as stated; the contract is
enforceable; Buyer is of legal age and had the capacity to contract; all signatures are valid; the goods have been delivered to Buyer and Buyer has accepted the goods; the goods are clear of all liens except the lien granted to Seller by
this contract; Seller has performed the services to Buyer’s satisfaction; all bills for services and materials furnished in connection with the services have been paid in full or will be paid in full promptly after Assignee’s purchase of this
contract; no lien or proceeding to establish a lien for or on account of such services and materials has been or will be filed; all of the terms and agreements relating to this purchase are contained in this contract; Seller’s books show the
correct balance of this transaction; and Seller has all licenses required by law to extend credit pursuant to the terms of this contract. Each of these warranties is material to Assignee’s acceptance of this contract. If any of Seller’s
warranties are breached, or if Buyer claims that any act or default of Seller entitles Buyer to a complete or partial defense, offset, or counterclaim to Buyer’s obligations under the contract, or if the contract is rescinded by court order,
Seller shall indemnify and save Assignee harmless from all loss, cost and expenses, including court costs and attorney fees, arising therefrom, and in such event if Assignee at its sole option so determines, Seller will upon demand
repurchase the contract and will pay to Assignee the full amount remaining unpaid under the contract, together with all lawful charges due thereunder plus any amounts previously paid by Buyer to Assignee which Buyer has recovered or
is entitled to recover from Assignee, whether or not Buyer shall then be in default. In addition to the indemnifications set forth above, if any of Seller’s warranties are breached and Buyer defaults, Seller unconditionally guarantees
payment of the unpaid balance due on this contract and all losses and expenses incurred by Assignee as a result of such breach. Seller shall be liable even if a waiver, compromise, settlement, or variation of the terms of this contract
releases Buyer. Seller waives notice of acceptance of this assignment and notices of nonpayment and nonperformance.

ASSIGNMENT WITHOUT RECOURSE: Seller sells and assigns this contract without recourse (in accordance with any contract between Seller and Assignee) except for the warranties, guaranties, indemnities and obligations set forth
above in the paragraph titled Assignment.
JOSEPH JACOB JEWELERS (CAP CITY MALL)
eSigned By:

Seller: By: CHRISTIAN AGOSTO Jun 02, 2022 1:30:12 PM EDT (SEAL) Christian Agosto VP of HR & Operations
(Signature) (Name and Title)

Notice: The Terms of This Contract Are Contained on More than one Page. Table of Contents on Page 3.
Inits
Page 3 of 3 Inits

CA FV
Seller’s Initials _____ Buyer’s Initials ______ Buyer’s Initials ______
Multistate Sales MF 6/2017
This is a copy of an original document held by Mariner Finance LLC, with Wells Fargo Bank, N.A. as secured party.

You might also like