A6.JoLn AGREEMENT G5FIRSTSTREEFINANCIAL EDARSERVICES C52401 TION
<br />625 FIRST STREET BE, CEDAR RAPIDS IA 52401
<br />PO BOX 609, CEDAR RAPIDS IA 52406-0609
<br />Clearly the (Jest... AGREEMENT NO.: 1050000
<br />FULL LEGAL NAME: upper Kittitas County District Court
<br />ADDRESS: 700 E let St Cle Elum, WA 98922.1251
<br />VENDOR (VENDOR IS NOT OWNERS AGENT NOR IS VENDOR AUTHORIZED TO WAIVE OR At TER ANY TERM OR CONDITION OF THIS AGREEMENT)
<br />EQUIPMENT LOCATION: As Stated Above ('PLUS TAX)
<br />TERM IN MONTHS: 60 MONTHLY PAYMENT AMOUNT': $128.71 PURCHASE OPTION: Fair Market Value
<br />agree to pay us the amounts payable under the terms of this agreement ('Agreement's each period by the
<br />due date. This Agreement will begin on the date the Equipment is delivered to you or any later date we
<br />designate. We may charge you a reasonable fee to cover documentation and Investigation costs. t any
<br />amount payable to us is not paid when due, you will pay a late charge equal to: 1) the greater of tan (10)
<br />cents far each dollar overdue or twenty-six dollars ($26.00); or 2) the highest lawful charge, t tars.
<br />NET AGREEMENT. THIS AGREEMENT IS NONCANCELABLE FOR THE ENTIRE AGREEMENT TERM.
<br />YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL
<br />ACCEPTANCE OF R AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS AGREEMENT,
<br />WITHOUT SET -OFFS FOR ANY REASON, EVEN IF THE EQUIPMENT DOES NOT WORK OR IS
<br />DAMAGED, EVEN IF IT IS NOT YOUR FAULT.
<br />EQUIPMENT USE. You will keep the Equipment in good working order, use it fa business purposes only,
<br />and not modify or move it from its initial location without our consent. You must resolve any dispute you may
<br />have concerning the Equipment with the manufacturer or Vendor. Payments under this Agreement may
<br />include amounts you core your Vendor under a separate arrangement (for maintenance, service, supplies,
<br />etc.), which amounts may be invoiced by us on your Vendors behalf for your convenience.
<br />SOFTWAREIDATA Except as provided in this paragraph, references to 'Equipment' include any software
<br />referenced above our installed an the Equipment. We do not own the software and cermet transfer any interest
<br />in it to you. We are not responsible far the software or the obligations N you or the lirani under any license
<br />agreement. You are solely responsible for protecting and removing any confidential datafhmages stored on
<br />the Equipment prier to its return for any reason.
<br />NO WARRANTY. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
<br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE ACCEPTED THE
<br />EQUIPMENT "AS411". YOU CHOSE THE EQUIPMENT, THE VENDOR AND ANY/ALL SERVICE
<br />PROVIDER(S) BASED ON YOUR JUDGMENT. YOU MAY CONTACT YOUR VENDOR FOR A
<br />STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER OR VENDOR IS
<br />PROVIDING. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US.
<br />ASSIGNMENT. You may net sell, assign a sublease the Equipment or this Agreement without our written
<br />consent We may sell or assign this Agreement or our rights in the Equipment, in whole a in pad, to a third
<br />party without notice to you. You agree Nat if we do so, the assignee will have our rights but will not be subject
<br />to any claim, defense, or sat -off assemble against us or anyone else.
<br />LAWIFORUM. This Agreement and any claim related to this Agreement will be governed by Iowa lax. Any
<br />dispute will be adjudicated in a state or federal court located in Linn County, Iowa. You consent to personal
<br />jurisdiction and venue in such count and waive transfer of venue. Each party waives any right to a jury trial.
<br />LOSS OR DAMAGE. You are responsible for any damage to a on of the Equipment. No such loss a
<br />damage will retieve you from your payment obligations hereunder. We are not responsible for, and you Will
<br />indemnity us against, any claims, losses our damages, including attorney fees, in any way relating to the
<br />Equipment. In no event will we be liable for any consequential or indirect damages.
<br />INSURANCE. You agree to maintain comprehensive liability insurance acceptable to us. You also agree
<br />to: 1) keep the Equipment fully insured against toss at its replacement cost, with us named as loss payee:
<br />and 2) provide proof of insurance satisfactory to us no later than 30 days following the commencement of
<br />this Agreement, and thereafter upon our will request. If you fail to maintain property loss Insurance
<br />satisfactory to us andra you fail to timely provide proof of such Insumnca we have the option, but not the
<br />obligation, to secure property loss insurance on the Equipment from a carder of our choosing in mxh
<br />forms and amounts as we deem reasonable to protect our interests. It we secure Insurance on is
<br />Equipment we will not name you as an insured parry, your interests may not be fully protected, and you
<br />will reimburse US the premium which may be higher than the premium you would pay if you obtained
<br />Insurance, and which may resut in a profit to us through an investment in reinsurance. If you are anent in
<br />all of your obligations under the Agreement at the fine of loss, any insurance proceeds received will be
<br />applied, at our option, to repair or replace the Equipment, or to pay us the remaining payments due or W
<br />become due under this Agreement, plus our booked residual, bob discounted at 3% per annum.
<br />TAXES. We own the Equipment. You will pay when due, ether directly or by reimbursing us, all faxes and
<br />fees relating to the Equipment and this Agreement. Sales or use tax due upfront will be payable over the
<br />term with a finance charge.
<br />END OF TERM. At the end of the term of this Agreement (or any renewal tens) (the 'End Date's, this
<br />Agreement will renew month to month unless a) you provide us written notice, at least 30 days prior to the
<br />End Date, of your intent to return the Equipment and b) you timely return the Equipment to the location
<br />designated by us, at your experse. If a Purchase Option is indicated above and you are mt in default on
<br />the End Date, you may purchase the Equipment horn Us 'AS IS' for the Purchase Option price. If the
<br />returned Equipment is not immediately available far use by another without need of repair, you will
<br />reimburse us for all repair costs. You cannot pay o0 this Agreement or return the Equipment prier to the
<br />End Date without our consent. t we consent, we may charge you, in addition to other amounts owed, an
<br />early temination fee equal to 5% of the amount we paid for the Equipment.
<br />DEFAULT AND REMEDIES. If you do not pay any sum within 10 days after its due date, a if you breach
<br />any other term of this Agreement or any other agreement with us, you will be in default, and we may
<br />require that you return the Equipment to us at your expense and pay us: 1) all past due amounts and 2) all
<br />remaining payments for the unexpired term, plus our booked residual, both discounted at 4% per annum.
<br />We may also use all other legal remedies available to us, including disabling or repossessing the
<br />Equipment. You agree to pay all our costs and expenses, including reasonable attorney fees, incurred in
<br />enforcing this Agreement. You also agree to pay interest on all past due amounts, from the due date, at
<br />1.5% per month.
<br />UCC. You agree that this Agreement is (andlor shall be treated as) a 'Finance Lease" as that term is
<br />defined in Article 2A of the Uniform Commercial Code ('UCC. You agree to forgo the rights and
<br />remedies provided under sections 507-522 of Article 2A of the UCC.
<br />MISCELLANEOUS. This Agreement is the entire agreement between you and us and supersedes any
<br />prior representations a agreements, including any purchase orders. Amounts payable under this
<br />Agreement may include a profit to us. The original of this Agreement shall be that copy which bears your
<br />facsimile or original signature, and which bears our original signature. Any charge must be in writing
<br />Tou Wassel represent am warrant to us mar as or me care or me Agreement tial me hnahvhaum cone Sometime me Agreement nae all power ane aumonry to execute me Agreement on Your Denan; tot an reguhrea
<br />procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c) the Equipment will be operated and controlled by you and will be used for essential government
<br />purposes for the enfirs term of the Agreement (d) that all payments due and payable for the current fiscal year are within the anent budget and are within an available, unexhausted, and unencumbered appropriation;
<br />(e) you intend to pay all amounts payable under the leans of the Agreement when due, if funds are legally available to do so; (C your obligations to remit amounts under the Agreement constitute a current expense and
<br />not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will comply with any applicable information reporting requirements of the tax
<br />code, which may include fill or 80311 Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to return the Equipment and
<br />terminate the Agreement on the last day of the final period for which funds were available, without penalty or add'nional expense to you (other than the expense of returning the Equipment to the location designated by
<br />of, provided that at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or legal Counsel) delivers to us a cedifiate for opinion) certifying that
<br />(a) you are a slate or a fully constituted political subdivision or agency of the state In which you are located; (b) funds have not been appropriated for the applicable final period to pay amounts due under the
<br />Agreement (c) such non -appropriation did not result from any act or failure to act by you; and (d) you have exhausted all fulls legally available for the payment of amounts due under the Agreement. You agree that
<br />THIS AGREEMENT IS NONCANCELABLE FOR THE FULL AGREEMENT TERM. THIS AGREEMENT IS BINDING WHEN WE FUND VENDOR FOR THE EQUIPMENT.
<br />OWNER: GreallArnerica Financial Services Corporation CUSTOMER. (As Stated Above)
<br />PRINT NAME S TITLE: PRINT NAME & TITLE:
<br />CERTIFICATE OF DELIVERY AND ACCEPTANCE
<br />The Customer hereby certifies that all the Equipment: l) has been received, Instated, and inspected, and 2) is fully operational and unconditionally accepted.
<br />SIGNATURE: X NAME AND TITLE: DATE:
<br />VG01M(FL)_C510 05/28/15 220