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CREDITOR & SECURED PARTY
V VIA 11\I1V 1
LEGAL NAME AND ADDRESS OF DEBTOR(S)
SUPPLIER OF EQUIPMENT
CONTRACT NO.
First Federal Leasing
City of Richmond
Life Star Rescue Inc.
31 North 9`h Street
50 North 5th Street
1171 Production Drive
132903
P.O. Box 1145
Richmond, IN 47374
Van Wert, OH 45891
Richmond, IN
47375-1145
JOINTLY AND SEVERALLY RESPONSIBLE
FINANCED EQUIPMENT QUANTITY
DESCRIPTION —MODEL #SERIAL # OR OTHER IDENTIFICATION
See Schedule A attached hereto and made a part hereof.
EQUIPMENT LOCATIONS IF DIFFERENT MUST BE SHOWN ON SEPARATE DOCUMENTATION.
AMOUNT OF EACH PAYMENT
ADVANCE PAYMENT(S)
NUMBER OF PAYMENTS
TERM OF CONTRACT
SECURITY DEPOSIT
TERMS
See Schedule B
See Schedule B
See Schedule B
See Sch. B
$0.00
GUARANTY
To induce Creditor to enter into the Contract proposed hereon the undersigned
(jointly and severally, if more than one) unconditionally guarantees to Creditor the
prompt payment when due of all Debtor's obligations to Creditor under the
Contract. Creditor shall not be required to proceed against Debtor or the
Equipment or enforce any other remedy before proceeding against the
undersigned. The undersigned agrees to pay all attorneys' fees and other
expenses incurred by Creditor by reason of default by the Debtor or the
undersigned. The undersigned waives notice of acceptance hereof and of all other
notices or demands of any kind to which the undersigned may be entitled. The
undersigned consents to any extensions or modification of the Contract and any
indulgences granted to Debtor, including, but not limited to, the release and/or
compromise of any obligations under or any collateral for the Contract. This is a
continuing Guaranty and shall not be discharged or affected by the death of the
undersigned, shall bind the undersigned and the heirs, administrators,
representatives, successors and assigns of the undersigned, and may be
enforced by or for the benefit of Creditor or any assignee or successor Creditor.
SIGNATURE X N/A
PERSONAL GUARANTOR (SIGN WITHOUT TITLES) DATE
TYPE NAME:
RES.ADDRESS:
CITY, STATE, ZIP ,
6. You hereby grant us a lien upon and security interest under the Uniform
Commercial Code ("UCC") in the property set forth above or in Schedule A
("Collateral") including any and all property purchased with the proceeds of
this Contract and all accessions, additions, and replacements thereto. You
represent that; (a) you are the owner of the Collateral and hold title to the
Collat I d 11
TERMS AND CONDITIONS
era an wl continue to be the owner of the Collateral hereafter
acquired, free of all security interests, liens and encumbrances other than
1. The words "you" and "your" refer to the Debtor, its permitted
the security interest in favor of us and any existing liens we permitted by
successors and assigns. The words "we" "us" and "our" refer to the
Creditor & Secured Party ("Creditor") its successors and assigns.
accepting this Contract; (b) on your behalf, the signatory has full power and
authority to execute this Contract and to subject the Collateral to the security
Subject to the terms of this Contract and any schedules or exhibits
interest created hereby; (c) all Collateral is located at the address shown
hereto, we agree to offer financing to you as described in the "Terms"
above or on Schedule A and may not be moved without our prior written
Section. This Contract and your obligations hereunder will be effective
consent; (d) you agree to; (i) keep all tangible Collateral in good condition and
as of the date the Contract is accepted and signed by you (Effective
repair; (ii) give us at least thirty (30) days prior written notice of a change in
Date).
2. As Debtor, you promise to repay the amount financed hereunder
the Debtor's name or ownership or of any material damage to the Collateral;
(iii) not permit any Collateral to be used or kept for any unlawful purpose or in
according to the terms of this Contract in the amounts and at the times
set forth in the "Terms" Section commencing on the Effective Date
violation of any federal, state or local law; (iv) pay and perform all the
obligations according to their terms; (v) permit us access to the Collateral at
and continuing as set forth therein without need of an invoice. In the
all reasonable times; and (vi) be liable for any expenditures we make to
event of any conflict between the language of this Contract and any
maintain and preserve the Collateral, including without limitation, taxes, levies,
other document referring to this Contract, the language of this
Contract will prevail.
insurance, repairs, attorney's and accountant's fees and expenses, and for
3. Your obligation to make payments and pay other amounts due
the collection, repossession, holding, preparation, and sale or other
disposition of the Collateral.
under this Contract is absolute, unconditional, non -cancelable,
and not subject to abatement, reduction or set-off for any reason
7. You agree to keep the Collateral insured in such amounts, against such
whatsoever. This is solely a financing contract and you selected
risks, with such companies, and in form acceptable to us. Such insurance
the property to be financed, if any, and your supplier. You
must name us or our assignee as an additional named insured and loss payee
acknowledge that no agent of your supplier or any intermediary
and must include provision for thirty (30) days prior written notice to us of
is our agent and that we have not and will not make any
cancellation. In the event you do not provide proof that you are maintaining
representation or warranty with respect to the merchantability,
such property insurance, you agree that we may, at our sole discretion; (a)
suitability, environmental compliance or value of such property
elect to obtain insurance, in which event you agree to pay to us a monthly
relative to the Effective Date hereof. There are no other written or
insurance charge which includes all related premiums, interest, charges, fees
oral agreements between the parties hereto.
4. You may prepay this Contract in full (partial pre -payments are not
and profit to us or our agents for providing such coverage, or (b) elect to
charge you an administrative fee, which you agree to pay to us, equal to five
permitted), provided you are not in default hereunder or under any
(5) percent of each of your monthly payments which does not provide
other obligations to us, by paying all amounts due or to become due,
insurance nor relieve you of any responsibility to make all payments in the
discounted to present value at a discount rate of four (4) percent or
event of an uninsured loss. You hereby assign to us, as additional security for
greater as determined by us at our sole discretion.
5. You hereby represent and warrant to us that the information you
the payment of the amounts due hereunder, any and all proceeds and all
other rights you have under all policies of insurance covering the Collateral,
provided for the underwriting of this Contract was full, true and correct
and you hereby direct the issuer of any such policy to pay directly to us any
in all respects and the Contract contemplated herein is for business or
such monies. If you receive such monies, you agree to hold them in trust for
commer lal purposes, will not be used to purchase real estate or an
our benefit.
intere In, and is not for personal, family or household purposes.
Initial THIS IS PAGE 1 — SEE PAGE 2 FOR ADDITIONAL TERMS
AND CONDITIONS WHICH ARE PART OF THIS CONTRACT Revised 5/11/2005
IMPORTANT: Vendor and its representatives are not the agents of the Creditor.
Contract 53-2014
EQUIPMENT FINANCE CONTRACT
8. Your execution, delivery, and performance of this Contract and any 12. As security for the prompt and full payment of the amounts due under
related documents and the grant of the security interest in the Collateral this Contract, and Debtor's complete performance of all of its obligations
to us, are not in contravention of law or the terms of your organizational under this Contract, and any extension or renewal hereof, Debtor has
and governing documents, or any contract or agreement to which you deposited with Creditor the security amount set forth in the section shown as
are a party. This Contract constitutes your legal, authorized, valid, and "Security Deposit." In the event any default shall be made in the performance
binding obligation, enforceable in accordance with its terms. There are of any of Debtor's obligations under this Contract, Creditor shall have the
no actions, proceedings, or investigations pending or threatened against right, but shall not be obligated, to apply the security deposit to the curing of
you, and there are no judgments, federal or state tax liens or other liens, such default. Within 15 days after Creditor notifies Debtor that Creditor has
security interests or encumbrances against you, or your assets except as applied any portion of the security deposit to the curing of any default, Debtor
disclosed herein. shall restore said security deposit to the full amount set forth in the section
shown as "Security Deposit". On the expiration or earlier termination of this
9. If you at any time fail to perform or observe any agreement herein, Contract, or any extension or renewal hereof, provided Debtor has paid all of
we, in your name and on your behalf or, at our option in our own name, the payments called for and fully performed all other provisions of this
may perform or observe such agreement and take any action, which we Contract, Creditor will return to the Debtor any then remaining balance of said
may deem necessary or desirable to cure or correct such failure. You security deposit, without interest. Said security deposit may be commingled
irrevocably authorize us and grant us a limited power of attorney in your with Creditor's other funds.
name and on your behalf, or, at our option, in our own name, to take any
action we deem necessary to establish, perfect, protect or enforce our
security interest in and to the Collateral.
10. Any of the following will constitute an event of default hereunder; (a)
you fail to pay us any amount when due; (b) you or any guarantor hereto
breaches any warranty or fails to perform any other material covenants,
promises or obligations under this Contract, or any other agreement
entered into by you or any guarantor and held or serviced by us; (c) the
existence of the Debtor is terminated or any actions regarding the
cessation or winding up of your business affairs are taken; (d) you default
under any lease or mortgage applicable to the real estate where the
Collateral is located; (e) you assign this Contract or its Collateral without
our prior written consent; (f) you fail to notify us thirty (30) days in
advance of your intent to transfer a material portion of your assets, or the
effective control of the Debtor; (g) information you provided for the
underwriting of this loan proves to be less than full, true and correct; (h)
you change your name, state of incorporation, or chief executive office,
without thirty (30) days written notice to us; (i) if there is any material
deterioration, impairment, decline in value, or material adverse change in
the assets or conditions of you or of any guarantor or any part of the
Collateral; 0) you attempt to terminate our financing statement; or (k) you
or any guarantor hereto becomes insolvent.
11. If you are in default, at our election, we can; (a) accelerate and
declare all sums due hereunder immediately due and payable in full,
together with interest at 1.5% per month calculated on such amounts
until paid, as well as any commissions paid to third parties; (b) take
possession of any Collateral without prior notice or process of law and
sell such Collateral in a commercially reasonable manner and apply the
proceeds to your obligations hereunder with you remaining liable for any
deficiency; (c) require you to assemble the Collateral, and make it
available to us at any location selected by us; (d) utilize any remedy
available under the Uniform Commercial Code or any other applicable
law and if we pursue any or all such remedies, you agree to pay our
reasonable attorney's fees and costs, including repossession, storage,
collection costs, non -sufficient funds charges, and similar charges; (e)
seize all books and records pertaining to the Collateral; and (f) you
hereby waive presentment, notice of dishonor, protest, notice of intent to
accelerate maturity and notice of acceleration in connection with this
Contract, any note or other document.
CREDITOR: First F ral Leasing
SIGNATURE:
BY S .23 /
Date
TYPE NAME
TITLE: e:-o
13. If any part of any amount due is not paid when due, you agree to pay a
late charge equal to the lesser of ten (10) percent of the past due amount, or
the maximum amount permitted by applicable law. If you agreed to, but fail to
make your payments via mandatory ACH or cause such ACH processes to be
discontinued, you agree that your monthly payment will be increased by a
service fee of ten dollars per payment. If you deposited a Security Deposit
with us as security for the full performance of all the terms and conditions of
this Contract, we may apply all or a portion of the Security Deposit to any of
your obligations hereunder. We shall deduct from the Security Deposit a non-
refundable processing and filing fee of one hundred and twenty-five dollars or
three hundred dollars if the Collateral includes titled equipment, unless such
fee is remitted by you at inception of this Contract.
14. You have no right to sell, transfer, assign, lease, or encumber the
Collateral or this Contract. We may sell, transfer, assign or encumber this
Contract. You agree that if we sell, assign, or transfer this Contract, any
assignee will have the rights and benefits assigned, but the assignee will not
be subject to any claims, defenses or set-off that you may have against us.
15. This Contract shall be interpreted and all rights and liabilities of the
parties hereto and hereunder shall be determined and governed as to validity,
interpretation, enforcement and effect, by the laws of the state of Indiana.
Without limiting our right to bring any action or proceeding against you in the
courts of other jurisdictions, you hereby irrevocably submit to the jurisdiction
of any State or Federal court located in the County of Wayne, Indiana. Both
you and we expressly waive any right to a trial by jury. If any provision hereof
or any remedy herein provided is found to be invalid under any applicable law,
such provision shall be inapplicable and deemed omitted but all the remaining
provisions and remedies shall be in effect in accordance with the intent
hereof. You agree that any delay or failure to enforce our rights under this
Contract or any Schedule does not prevent us from later enforcing any rights
we may have.
16. You agree and acknowledge that; (a) the terms and conditions indicated
above and on the first page are a complete and exclusive statement of our
agreement and it may be modified only by a written agreement signed by all
parties hereto and not by course of performance; (b) you have retained a full
and complete copy of this Contract; (c) your obligations will be binding upon
your successors, assigns, heirs and legal representatives; (d) our waiver of
any provision hereunder on any occasion shall not constitute a waiver at any
other time or of any other matter.
DEBTOR Clt of and
SIGNATURE:
Date
TYPE NAME: Paula Hill
TITLE: City Controller
THIS IS PAGE 2 — SEE PAGE 1 FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE PART OF THIS CONTRACT Revised 5/11t2005
IMPORTANT: Vendor and its representatives are not the agents of the Creditor.
FOIIIPMFIJT CIKIAKIPC P`n41TOA-
\AV 1
SCHEDULE "A"
rnNTR A rT t!. 1 21on 2
CREDITOR:
First Federal Leasing
DEBTOR:
City of Richmond
SUPPLIER OF EQUIPMENT:
Life Star Rescue Inc. 1171 Production Drive Van Wert, OH 45891
EQUIPMENT LOCATION:
Ouantity Description Serial Number
1 Braun 6338 VIN# 1 FDWE3FSXEDA26106
1 Braun 6371 VIN# IFDWE3FS4EDA65712
OBLIGOR SIGNATURE:
TYPE / PRINT NAME: Paula Hill
TITLE: City Controller
DATE: 5 �221/4
Revised 02/04/05
EQUIPMENT FINANCE CONTRACT
Debtor Name: Citv of Richmond
Address: 50 North 5th Street
City, State, Zip: Richmond, IN 47374
Phone: 765-983-7215
FN
ontroact
.132903
Date of EFC: 5/20/2014
Creditor Name: First Federal Leasing
Address: 31 North 91h Street, P.O. Box 1145
City, State, Zip: Richmond, IN 47375-1145
Phone: 1-800-848-8958
EQUIPMENT LOCATION: 101 South 5" Street, Richmond, IN 47374
(If different from address above)
QUANTITY I DESCRIPTION: Model No., Serial No., or other identification
I` See Schedule A Attached hereto and made a part hereof."
DELIVERY AND ACCEPTANCE RECEIPT
The undersigned Debtor hereby acknowledges receipt of the equipment described above or on any attached schedule (the
"Equipment") fully installed and in good working condition, and Debtor hereby accepts the Equipment after full inspection thereof as
satisfactory for all purposes of the above referenced EFC executed by Debtor with Creditor. Debtor certifies that Creditor has fully and
satisfactorily performed all covenants and conditions to be performed by Creditor under the EFC and has delivered the Equipment
selected solely by the Debtor in accordance with Debtor's directions.
DEBTOR AGREES THAT THE CREDITOR HAS MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
OR NATURE, DIRECTLY OR INDIRECTLY, EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING THE
SUITABILITY OF SUCH EQUIPMENT, ITS DURABILITY, ITS FITNESS FOR ANY PARTICULAR PURPOSE, IT
MERCHANTABILITY, ITS CONDITION, AND/OR ITS QUALITY, AND AS BETWEEN DEBTOR AND CREDITOR OR CREDITOR'S
ASSIGNEE, DEBTOR HAS AN EFC ON THE EQUIPMENT "AS IS" AND DEBTOR AFFIRMS THAT IT HAS NO DEFENSES OR
COUNTER -CLAIM AGAINST CREDITOR OR CREDITOR'S ASSIGNEE IN CONNECTION WITH THE EFC.
Debtor represents and warrants that none of the equipment was delivered prior to the execution of the subject EFC unless Creditor
shall have previously consented thereto, in writing. Debtor understands that Creditor is relying upon this receipt as a condition for
making payment for the cost of the EFC Equipment to Vendor. Debtor hereby authorizes the commencement of the EFC, including
EFC payments.
Debtor: Cit of chmond
SIGNATURE:
TYPE NAME: Paula Hill
TITLE: City Controller
f
DATE EQUIPMENT ACCEPTED: ��� r4
EQUIPMENT FINANCE CONTRACT
NON -CANCELLABLE EQUIPMENT FINANCE CONTRACT ACKNOWLEDGEMENT
Contract Number: 132903 Supplier/Service Provider: Life Star Rescue Inc.
Date of Contract: 5/20/2014 Creditor: First Federal Leasing
Debtor: City of Richmond
IN REFERENCE TO THE ABOVE MENTIONED NON -CANCELLABLE EQUIPMENT FINANCE CONTRACT, THE
FOLLOWING IS HEREBY ACKNOWLEDGED AND ACCEPTED BY THE DEBTOR:
Should the Supplier of the Equipment (Supplier) or Provider of Services (Service Provider) fail to deliver on any services or promises
made to the Debtor, the Debtor will look solely to the Supplier or Service Provider for rectification and satisfaction. The Debtor will
hold the Creditor of the Contract or its assigns harmless.
The Contract signed on behalf of the Debtor is non -cancellable. The Debtor will still be responsible for the monthly payment due to
the Creditor or its assigns for the above referenced Contract Number regardless of lack of performance or lack of delivery on behalf of
the Supplier or Service Provider.
ALL OTHER CONDITIONS AND TERMS OF THE NON -CANCELLED EQUIPMENT FINANCE CONTRACT REMAIN
INTACT.
Please sign and date where indicated below to acknowledge acceptance.
• ACKNOWLEDGED AND ACCEPTED:
Debtor: City,,b ichmond
BY: /J
PRINTED NAME: Paul Hill
TITLE: City Controller
DATE: 5-/22-/)4
SCHEDULE "B"
CONTRACT #: 132903
CREDITOR:
First Federal
DEBTOR:
City of Richmond
SUPPLIER OF EQUIPMENT:
Life Star Rescue Inc.
PAYMENT SCHEDULE:
First Payment due 12/15/2014 $51,777.78
Second Payment due 12/15/2015 $51,777.78
Third Payment due 12/15/2016 $51,777.78
Fourth Payment due 12/15/2017 $51,777.78
Fifth Payment due 12/15/2018 $51,777.78
OBLIGOR SIGNATURE:
TYPE / PRINT NAME: Paula Hill
TITLE: City Controller
DATE: 22 /14
Revised 02/04/05