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041.
<br />ddi leasing, inc.
<br />0F.T114ti Ill
<br />1 I 0
<br />I
<br />II:
<br />CUSTOMER NAME
<br />- QUARTERLY PAYMENT,
<br />TOTAL ADVANCE (QTR PAY
<br />
<br />County of Lee, NC
<br />S 5,99154
<br />.
<br />0
<br />excludes Toa
<br />DBA NAME (IF ANY)
<br />EQUIPMENT DESCRIPTION
<br />LEASE TEJUI
<br />9 OF ADVANCE (QTR- PAY.)
<br />See Attached Addendum
<br />12 Quarters
<br />0
<br />ADDRESS
<br />106 Hillerest Drive
<br />Sanford
<br />NC 27330
<br />EQUIPMENT LOCATION
<br />DOCUMENTATION
<br />COMf.¢NCI7NENf DATE
<br />,
<br />,
<br />Same
<br />FEE
<br />Upon Acceptance
<br />15D.00
<br />•Yrus applicable lures to he billed
<br />DEAR CUSTOMER: This Lease Agreement (the "Lease") contains die terms of your agreement with us. Please read it carefully and ask us any questions you may have.
<br />The words You. Your and Lessee mean you, our customer. The words We, Us, Our and die Lessor, mean DDI Leasing, Inc.
<br />I. EQUWKENF LEASED; TERM, RENT AND FEES: We agree to lease to you and you agree to lease from us the equipment ("Equipment") identified above. You
<br />certify that the Equipment will be used for a business purpose, and not for personal, family or household purposes. You agree to pay the Documentation Fee,
<br />the Total Advance and the Security Deposit (ifany) when you sign this Lease. All Advances will he applied to the end of the Term This Lease shall commence on the
<br />date that any of the Equipment is delivered to you ("Commencement Date'). Your first Quarterly Payment shown nbove ("Quarterly Payment"), is due on the first day
<br />of the quarter following the month in which you execute the Certificate of Acceptance covering the Equipment ("First Pnymenl Datc and your remaining Quarterly
<br />Payments shall be due on the same day of encb subsequent quarter until you have paid all the Quarterly Payments due under this Lease. Ench day between the
<br />Commencement Dote and the First Payment Dote is an "Interim Rent Day". You shall pay us interim rent for each Interim Rent Day at 1/90 of the Quarterly Payment
<br />which shall be due and payable on the First Payment Dote. You will execute a Certificate Of Acceptance upon receipt oldie Equipment, if we provide oat to you and
<br />if noL you expressly ngree dint you accepted the Equipment no Inter Iran 14 days nPcr it was shipped to you. YOU AGREE THAT TTHS LEASE IS A NET
<br />LEASE WHICH MAY NOT BE TERMINATED OR CANCELLED; TRAT YOU HAVE AN UNCONDITIONAL. OBLIGATION TO it1AKE ALL
<br />PAYMENTS DUE UNDER TILE LEASE ACCORDING TO THE TERD1S SET FORTH IN THE SCHEDULE, AND THAT YOU CAN NOT WITHEOLD,
<br />SET OTT OR REDUCE SUCH PAYMENTS FOR ANY REASON. You authorize us to adjust the Quarterly Payment by net more than 15 % if the actual total cash
<br />price for the Equipment differs from die estimated total cash price.
<br />2. SUPPLY CONTRACT: If you have entered into nay purchnse or supply contract ("Supply Contract") with any supplier, you assign to us your rights under such
<br />Supply Contract. but none of your ohligotioas (other don the obligation to pay for the Equipment if it is accepted by you). If you have not entered into a Supply
<br />Contract, YOU nuthorize as to enter into a Supply Contract on your behalf. You will artanee for die delivery of the Equipment to you. Neither die supplier nor any
<br />salesperson ore our ogenL Their statements will not nlkct your rights or obligations under Ibis Lease.
<br />3. ASSIGNMENT: YOU MAY NOT SELL, PLEDGE, TRANSFER ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS LEASE We may sell, assign, Transfer
<br />or grant n security interest in all or any pan of this Lease and/or the Equipment without your consent or without notifying yam Our assignee will have the same rights
<br />that we have, but not our obligations. You agree you will not assert against our assignee any claims, defenses or set-offs that you may have against the supplier or
<br />against us.
<br />4. NO WARRANTIES: We are leasing the Equipment to you "AS-IS". YOU ACKNOWLEDGE THAT WE DO NOT MANUFACTURE THE EQUIPMENT,
<br />WE DO NOT REPRESENT THE NIANUFA CTURER OR TILE SUPPLIER, AND YOU HAVE SELECTED THE EQUIP,IIENT AND SUPPLIER BASED
<br />UPON YOUR OWN TUDGMEhNT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCIIANI'ABILITY
<br />OR FITNESS FOR A PARTICULAR PURPOSE OR OTUERWISE. We vansfcr to you for the term of this Lease any warranties made by the manufacturer or
<br />supplier under a Supply Contract- You agree that you will not asset against us any claim or defense that you hove against the supplier.
<br />S. EQUIPMENT LOCATION; USE AND REPAIR; RETURN: We are the owner of the Equipment- You ngree to keep the Equipment free from liens and
<br />encumbrances. You will keep and use the Equipment only at the uddress set fourth above. You may not move the Equipment without our prior written consent. At your
<br />man cost, you will keep the Equipment eligible for any mnnufacturces certification, in compliance with all applicable Incas and in good condition, except for ordinary
<br />wear and tear. You will not make any alterations, additions or replacements to the Equipment without our prior written consent. NI permitted alterations, additions and
<br />replacements will become our property at no cost to us. We may inspect the Equipment during normal business hours. Unless you purchase die Equipment at the end of
<br />this Lease, you will immediately deliver the Equipment to the party and location directed by us in as good condition as when you received it, except for ordinary went
<br />and tear. You will pay all stripping and other expenses, and you will insure the Equipment for its full replacement value during shipping.
<br />b. TAXES: You agree to pay when due or reimburse us for all tuxes, fines, and penalties relating to die use or ownership of the Equipment or to this Lease, now or
<br />hereuBer imposed, or assessed by any state, federal or local eovemmenl or mency. We will file all soles, use and personal property tax returns (unless Nye notify you
<br />otherwise in writing) and you agree to pay us u fee for ranking such filings. We do not have to contest any taxes, fines or penalties. (CONTINUED ON
<br />NEXTPAGE-ALL PARTIES AGREE, INCLUDING GUARANTOR(S), THA T THE CORRECT VERSION OF THE NEYT PAGE IS THE FORAf ATTACHED
<br />TO OUR COPYAND SHALL BE BINDING ONALL PARTIES)
<br />County of Lee, NC (LESSEE) ' DDI Leasing, Inc.
<br />By: X X By:
<br />Authorized Signer Title Tide: Date:
<br />Print Name X Date
<br />FAX EXECUTION: A fax version of this Lme when received by us shall be binding on you for nil purposes m if originally signed. lluwever, the Lease shall only
<br />become effective and binding ngninst us when originally signed by us in one of our corporate offices. You agree that the only version of the Lease that is the original
<br />for all purposes is the version containing your fox signature and our original signature. If you elect to sign and tonsmit a Lease by fax, you waive notice of our acceptance
<br />of this Lease and mceint of a cony of the DriamudIv sieved Lens.
<br />When Nye use We words you and your in this Guaranty, we mean the Guarantor(s) indicated below. When we use the wards we, as and our in this Guaranty, Nye mean
<br />DDI Leasing, Inc. NI other teens shall have the some meanings as used in the Lease. You guaranty that the Lessee will make oil poymenLS laid perform all other
<br />obligubons under the Lease until completed. This is a guaranty of payment, not of collection. Your obligations shall be absolutely non cancelable, continuing, direct and
<br />unconditional. You Waive notice of Lessee's default acceptance, demand and protest and you consent to any modifications lathe Lease and/or release of any Dbligaions.
<br />You arc non entitled to subrognlion. You shall not assign this Guaranty. This Guaranty shall be binding upon your permitted successors and assigns and inure to the benefit
<br />of our sueeessoes and assigns, Lr Ohem is mom than one Gunrunner, your obligations =joint and several. You authorize us or any of our aRlimus to obtain credit bureau
<br />reports regarding your credit and make other credit inquiries dint Nye determine are necessary. TUTS GUARANTY IS GOVERNED BYTHE LAWS OF TTIE STATE OF
<br />NEW JERSEY. YOU CONSENT TO TTIE JURISDICTION OF ANY COURT LOCATED WITHIN NEW JERSEY. YOU EXPRESSLY WAM- ANY RIGIff TO
<br />®A TRIAL BY JURY.
<br />Guarantor (Signature) X Indlv(duul Guarantor (Signature) Individual
<br />Print Name Date
<br />Print Nume: Dulc
<br />
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