WEST VIRGINIA BILL OF SALE OF BOAT / VESSEL
(Sold "As-Is" without Warranty)
STATE OF WEST VIRGINIA
COUNTY OF ________________
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KNOW ALL PERSONS BY THESE PRESENTS:
THAT I, _______________________,
aaaaaaaaaaaaaaaaa ("Seller"), of ______________________,
aaaaaaaaaaaaaaaaa County of
________________,
aaaaaaaaaaaaaaaaa West Virginia, in consideration of a Promissory Installment Note for $
_________________________________________
aaaaaaaaaaaaaaaaa dollars ($_________________)
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payment of $ ___________________________________
aaaaaaaaaaaaaaaaa dollars ($_________________),
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receipt of payment acknowledged, do hereby sell and transfer to ___________________,
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("Buyer"), of ______________________,
aaaaaaaaaaaaaaaaa County of ________________,
aaaaaaaaaaaaaaaaa West Virginia, his/her
successors and assigns, the following boat ("Boat"), which is located in the County of
________________,
aaaaaaaaaaaaaaaaa West Virginia:
Make:_______________________________
aaaaaaaaaaaaaaaaa Model: ___________________________
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Year : ___________________________
1111 Length:____________________________
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Registration, CF or Document #: ___________________
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Serial or Hull ID:_____________
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General Boat Type: ___________________________________________
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To have and to hold the same unto Buyer and Buyer's executors, administrators, and assigns,
forever.
DESCRIPTION OF ENGINE. The Seller represents that the Boat contains the following
engine(s):
______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
DESCRIPTION OF EQUIPMENT. The Seller represents that the Boat contains the following
equipment:
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______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
WARRANTY OF OWNERSHIP. The Seller warrants that the Seller is the true and lawful
owner of the Boat, and that the Boat is free of any and all legal claims, encumbrances, and
offsets by others. Further, the Seller warrants that the Seller will defend the Buyer against any
and all lawful claims and demands whatsoever in relation to this bill of sale.
DISCLAIMER OF ALL OTHER WARRANTIES. OTHER THAN THE SELLER'S
WARRANTY OF OWNERSHIP STATED ABOVE, THE BUYER TAKES THE BOAT,
ENGINE(S), AND EQUIPMENT "AS-IS" WITHOUT ANY WARRANTIES, EXPRESS OR
IMPLIED, AS TO THEIR CONDITION. THE BUYER HAS PERSONALLY INSPECTED
THE BOAT, ENGINE(S), AND EQUIPMENT AND ACCEPTS THEM "AS-IS".
ADDITIONAL TERMS OF SALE. The Seller and Buyer agree to the following additional
terms in conjunction with this bill of sale:
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______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
Seller: Buyer:
____________________ ____________________
Signature Signature
____________________
aaaaaaaaaaaaaaaaa ____________________
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Printed Name Printed Name
STATE OF WEST VIRGINIA
COUNTY OF ________________
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SWORN TO AND SUBSCRIBED BEFORE ME, this the ____
aaaa day of ________________,
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20____.
11
____________________________
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NOTARY PUBLIC
My Commission Expires: ________________
July 1, 2021
About this Form: The Seller and the Buyer may separately complete the following Promissory
Installment Note on a new page (or set of pages), if they wish to formalize the payment terms
and conditions, associated with this bill of sale
PROMISSORY INSTALLMENT NOTE
STATE OF WEST VIRGINIA
COUNTY OF ________________
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RECITATIONS:
Date: __________________________
July 1, 2021 Borrower/Buyer: ___________________________
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Borrower/Buyer’s Address: _______________________________________________________
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Payee/Seller: _______________________
aaaaaaaaaaaaaaaaa Place for Payment: __________________________
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Principal Amount: $__________________
111111111111 Term: __________________________
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Monthly Payments: $__________________________
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This PROMISSORY INSTALLMENT NOTE ("Note") is given to secure the payment of the
purchase price of the following boat ("Boat"):
Make:_______________________________
aaaaaaaaaaaaaaaaa Model: ___________________________
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Year : ___________________________
1111 Length:____________________________
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Registration, CF or Document #: ___________________
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Serial or Hull ID:_____________
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General Boat Type: ___________________________________________
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TRANSFER OF TITLE.
______ The Seller shall retain title to the Boat until all debts and obligations under this Note
have been satisfied in full, or
______ The Seller transfers title to the Boat to the Buyer upon execution of this Note, but the
Seller shall retain a security interest in the Boat, and the Seller shall be listed as a secured lender
on the title to the Boat until all debts and obligations under this Note have been satisfied in full.
(NOTE: IF THE SECOND OPTION IS SELECTED, THEN THE BUYER MUST
SEPARATELY SIGN THE "SECURITY AGREEMENT" FORM BELOW.)
INTEREST RATE:
______ Annual interest rate on matured, unpaid amounts shall be the maximum amount
permitted by the Laws of the State of West Virginia, or
______ annual interest rate on matured unpaid amounts shall be set at ______
aaaaaaa percent , or no
interest shall accrue on matured, unpaid amounts.
PAYMENT TERMS.
This Note is due and payable as follows, to-wit: _____________________
aaaaaaaaaaaaaaaaa (_____)
1111 equal
monthly payments of $__________________ principal . The first such payment due and payable
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on the 1st day of _____________________
aaaaaaaaaaaaaaaaa , 20____,
11 and a like installment shall be due and
payable on the same day of each succeeding month thereafter until the total principal of
111111111111 principal is paid in full. If each payment is not paid on time, the
$__________________
remaining balance will be subject to the maximum amount of interest permitted by the Laws of
the State of West Virginia.
BORROWER'S PREPAYMENT RIGHT. Borrower reserves the right to prepay this Note in
whole or in part, prior to maturity, without penalty.
PLACE FOR PAYMENT. Borrower promises to pay to the order of Payee at the place for
payment and according to the terms for payment the principal amount plus interest at the rates
stated above. All unpaid amounts shall be due by the final scheduled payment date.
DEFAULT AND ACCELERATION CLAUSE. If Borrower defaults in the payment of this
Note or in the performance of any obligation, and the default continues after Payee gives
Borrower notice of the default and the time within which it must be cured, as may be required by
law or written agreement, then Payee may declare the unpaid principal balance and earned
interest on this Note immediately due. Borrower and each surety, endorser, and guarantor waive
all demands for payment, presentation for payment, notices of intentions to accelerate maturity,
notices of acceleration of maturity, protests, and notices of protest, to the extent permitted by
law.
INTEREST ON PAST DUE INSTALLMENTS AND CHARGES. All past due installments
of principal and/or interest and/or all other past-due incurred charges shall bear interest after
maturity at the maximum amount of interest permitted by the Laws of the State of West Virginia
until paid. Failure by Borrower to remit any payment by the 15th day following the date that
such payment is due entitles the Payee hereof to declare the entire principal and accrued interest
immediately due and payable. Payee's forbearance in enforcing a right or remedy as set forth
herein shall not be deemed a waiver of said right or remedy for a subsequent cause, breach or
default of the Borrower's obligations herein.
INTEREST. Interest on this debt evidenced by this Note shall not exceed the maximum amount
of non-usurious interest that may be contracted for, taken, reserved, charged, or received under
law; any interest in excess of the maximum shall be credited on the principal of the debt or, if
that has been paid, refunded. On any acceleration or required or permitted prepayment, any such
excess shall be canceled automatically as of the acceleration or prepayment or, if already paid,
credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This
provision overrides other provisions in this instrument (and any other instruments) concerning
this debt.
FORM OF PAYMENT. Any check, draft, Money Order, or other instrument given in payment
of all or any portion thereof may be accepted by the holder and handled in collection in the
customary manner, but the same shall not constitute payment hereunder or diminish any rights of
the holder hereof except to the extent that actual cash proceeds of such instruments are
unconditionally received by the payee and applied to this indebtedness in the manner elsewhere
herein provided.
ATTORNEY'S FEES. If this Note is given to an attorney for collection or enforcement, or if
suit is brought for collection or enforcement, or if it is collected or enforced through probate,
bankruptcy, or other judicial proceeding, then Borrower shall pay Payee all costs of collection
and enforcement, including reasonable attorney's fees and court costs in addition to other
amounts due.
SEVERABILITY. If any provision of this Note or the application thereof shall, for any reason
and to any extent, be invalid or unenforceable, neither the remainder of this Note nor the
application of the provision to other persons, entities or circumstances shall be affected thereby,
but instead shall be enforced to the maximum extent permitted by law.
BINDING EFFECT. The covenants, obligations and conditions herein contained shall be
binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties
hereto.
DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of
reference only and they are not intended to have any effect whatsoever in determining the rights
or obligations under this Note.
CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender
or both, singular and plural.
GOVERNING LAW. This Note shall be governed, construed and interpreted by, through and
under the Laws of the State of West Virginia.
Borrower is responsible for all obligations represented by this Note.
EXECUTED this __________
aaaa day of _______________________,
aaaaaaaaaaaaaaaaa 20_____.
11
_____________________________ _____________________________
Payee/Seller’s Signature Borrower/Buyer’s Signature
_____________________________
aaaaaaaaaaaaaaaaa _____________________________
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Payee/Seller’s Name Borrower/Buyer’s Name
Please type or print carefully:
Seller Buyer
Full Name: ______________________________
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Address: ______________________________
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City: ______________________________
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State: ______________________________
Alabama ______________________________
Alabama
ZIP: ______________________________
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Signature: ______________________________ ______________________________
About this Security Agreement Form: The form below is necessary only if the parties selected
the second option in Paragraph #1 of the Promissory Installment Note (immediately above). In
addition to the Security Agreement, it is recommended that the parties complete and file the
necessary UCC forms;
1. The Seller (a.k.a. The Secured Party) should complete the UCC Financing Statement
(Form UCC1)
2. The Buyer (a.k.a. Debtor) should sign it, and
3. The Seller should file it with the appropriate state agency within the State of Kansas.
(Form UCC1AD and Form UCC1AP are available in the event you have additional Debtor or
Secured party names that you wish to add. These supplementary forms should also be filed along
with Form UCC1.)
SECURITY AGREEMENT
This SECURITY AGREEMENT is made on this _____ aaaa day of ______________,
aaaaaaaaaaaaaaaaa 20__.
11
between ______________________
aaaaaaaaaaaaaaaaa ("Debtor") and ___________________
aaaaaaaaaaaaaaaaa ("Secured Party").
SECURITY INTEREST. Debtor grants to Secured Party a security interest in the following
Vehicle, until such time as the Promissory Note for said vehicle is satisfied and paid in full:
Make:_______________________________
aaaaaaaaaaaaaaaaa Model: ___________________________
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Year : ___________________________
1111 Length:____________________________
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Registration, CF or Document #: ___________________
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Serial or Hull ID:_____________
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General Boat Type: ___________________________________________
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COVENANTS. Debtor hereby warrants and covenants: Debtor shall maintain insurance at all
times with respect to all collateral against risks of fire, theft, and other such risks and in such
amounts as Secured Party may require. The policies shall be payable to both the Secured Party
and the Debtor as their interests appear and shall provide for ten (10) days written notice of
cancellation to Secured Party.
DEFAULT. The Debtor shall be in default under this Agreement upon the happening of any of
the following:
1. Any misrepresentation in connection with this Agreement on the part of the Debtor.
2. Any noncompliance with or nonperformance of the Debtor's obligations under the Note
or this Agreement.
3. If Debtor is involved in any financial difficulty as evidenced by
a. An assignment for the benefit of creditors, or
b. An attachment or receivership of assets not dissolved within thirty (30) days, or
c. The institution of Bankruptcy proceedings, whether voluntary or involuntary,
which is not dismissed within thirty (30) days from the date on which it is filed.
Upon default and at any time thereafter, Secured Party may declare all obligations
secured hereby immediately due and payable and shall have the remedies of a
Secured Party under the Uniform Commercial Code. Secured Party may require
the Debtor to make it available to Secured Party at a place that is mutually
convenient. No waiver by Secured Party of any default shall operate as a waiver
of any other default or of the same default on a future occasion.
This Agreement shall inure to the benefit up and bind the heirs, executors, administrators,
successors, and assigns of the parties. This Agreement shall have the effect of an instrument
under seal.
By: aaaaaaaaaaaaaaaaa
______________________
Signature of Debtor
Date:______________
July 1, 2021
NOTE: THE PARTIES MUST FILE THE FINANCING STATEMENT WITHIN FIVE (5)
DAYS FROM DATE WITH THE APPROPRIATE STATE AGENCY WITHIN THE STATE
OF WEST VIRGINIA.
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