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Bill of Sale and Assumption of Debt Secured by the Personal Property Being PurchasedAgreement made on the __________________ (date), between ___________________
(Name of Buyer) of ____________________________________________________________
_____________ (street address, city, county, state, zip code) , referred to herein as Buyer,
and _______________________ (Name of Seller) , of ________________________________
_____________________________ (street address, city, county, state, zip code), referred
to herein as Seller.1. For and in consideration of $__________, cash in hand paid and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
undersigned _____________________ (Name of Seller) does hereby sell and convey unto
_______________________ (Name of Buyer) all of his right, tile and interest in and to the
following described property (hereinafter referred to as the Property ): (describe personal
property) ___________________________________________________________________.
Seller disclaims any and all warranties and said Seller sells and conveys Property in it’s as is
and present condition.2.The Buyer acknowledges that the Seller presently owes _________________________
(Name of Creditor) , hereinafter referred to as Creditor the sum of $____________ secured by
a security agreement between Seller and Creditor , said Debt being in the amount of
$______________ (the Debt), said Debt being secured as evidenced by that certain UCC-1
Financing Statement on file and of record in the office of the Secretary of State of the State of
___________________ (name of state).
3. Buyer does hereby unconditionally and irrevocably agrees to assume and pay the Debt,
and otherwise guarantees to the Seller payment of the Debt and to indemnify and hold
harmless the Seller from any loss thereto in return for the transfer of the Property from the
Seller to the Buyer.
4.No Waiver
The failure of either party to this Agreement to insist upon the performance of any of the
terms and conditions of this Agreement, or the waiver of any breach of any of the terms and
conditions of this Agreement, shall not be construed as subsequently waiving any such terms
and conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.5. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of ________________. 6. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be
deemed sufficiently given when sent by certified or registered mail if sent to the respective
address of each party as set forth at the beginning of this Agreement.
7. Attorney’s Fees
In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party
in the action shall pay to the successful party, in addition to all the sums that either party may be
called on to pay, a reasonable sum for the successful party's attorney fees. 8. Mandatory ArbitrationAny dispute under this Agreement shall be required to be resolved by binding arbitration
of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
9. Entire Agreement
This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement. 10. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if placed in writing and signed by each
party or an authorized representative of each party. 11. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be
assigned or transferred to any other person, firm, corporation, or other entity without the prior,
express, and written consent of the other party. In this contract, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.WITNESS our signatures as of the day and date first above stated. ______________________________ ________________________________ ______________________________________________________________(Printed name & Signature of Seller) (Printed name & Signature of Buyer) (Acknowledgments are optional and form may vary by state) STATE OF __________________ COUNTY OF __________________ Personally appeared before me, the undersigned authority in and for the said county and
state, on this ______ day of ________________, 20____, within my jurisdiction, the within
named, _____________________ (Name of Seller), who acknowledged that he executed the
above and foregoing instrument.
________________________ NOTARY PUBLIC My Commission expires:______________________STATE OF _________________ COUNTY OF __________________ Personally appeared before me, the undersigned authority in and for the said county and
state, on this ______ day of ______________, 20______, within my jurisdiction, the within
named, __________________________ (Name of Buyer), who acknowledged that he
executed the above and foregoing instrument. ________________________ NOTARY PUBLIC My Commission expires:______________________
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