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Contract Number 001-70131880
<br />CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OFREDLANDS
<br />2120 West End Avenue 35CAJON8T.Suite 3O
<br />In reliance on your selection of the equipment described below Units to you, subject to the terms of
<br />this Agreement. Until this Agreement has been signed byour duly authorized representative, uwill constitute onoffer uyyou $menter into this
<br />Agreement with us on the terms stated herein.
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<br />DESCRIPTION OF UNITS RIAL/VIN ^ ' ' �s��s DELIVERY DATE
<br />Enter date machine was
<br />Whether the Unit is new or used, the model| umqvemuumb�m,mm | ~~~~^~~~��' ' l FINAL^|number, the manufacturer, and the model name Unit stated below In section 3. delivered to you.
<br />1 New 2024 Caterpillar D8T Track Type Tractor -
<br />Medium
<br />3. Lease Payments; Current Expense You will pay us the lease
<br />payments, including the final lease payment met forth above
<br />(collectively, the "Lease Payments"). Lease Payments will be paid
<br />byyou 1ouoaccording mthe attached payment schedule; provided
<br />that all amounts owing hereunder will be due by the final lease
<br />payment date. A portion o/ each Looua Payment constitutes
<br />interest and the balance of each Lnmon Payment is payment of
<br />principal. The Lease Payments will be due without demand. You
<br />will pay the Lease Payments to us at CATERPILLAR FINANCIAL
<br />SERVICES CORP., P.O. BOX 1006*7. PA8AosNx, CAA11O9-
<br />0847 o, such other location that we designate in writing. Your
<br />nb|igatinnu, including your obligation to pay the uaaao Payments
<br />due |nany fiscal year, will constitute ocurrent expense ofyours for
<br />such fiuom| year and will not constitute an indebtedness of yours
<br />within the meaning ofthe constitution and laws ofthe State |nwhich
<br />you are located (the "State"). Nothing in this Agreement will
<br />constitute apledge byyou ofany taxes orother moneys, other than
<br />moneys lawfully appropriated from time totime for the payment of
<br />the "Payments" (au defined in the last sentence of this Section)
<br />owing under this Agreement. You agree that, except as provided
<br />In Section 7, your duties and Dmu!||tiww under this Agreement
<br />and any associated documents are nbmnUuue and
<br />unconditional. Your payment and performance obligations are
<br />not subject $nxmncelvdioo'reduction, orsetoff for any reason.
<br />You agree tosettle all claims, defensms, setoffs, uuvnbmm|mimo
<br />and other disputes you may have with the Supplier, the
<br />manufacturer of the Unit, v,any other third party directly with
<br />the Supplier, the manufacturer or the third party, as the omme
<br />may be. You will not assert, allege m,make any such o!m|m'
<br />defense, setoff, counterclaim or other dispute mgmmmu us or
<br />with respect owthe payments due us under this Agreement. Aa
<br />used |nthis Agreement, ''Poymonm^will mean the Lease Payments
<br />and any other amounts required tnUepaid byyou.
<br />The portion ofthe Lease Payments constituting principal will bear
<br />interest (computed onthe basis ofactual days elapsed inu30Oday
<br />year) at the rate of 6.99% per annum.
<br />SEsmTACHMsNT $101z0
<br />4. Late Charges KwmUnnot receive aPayment onthe date it is due,
<br />you will pay mus, on demand, olate payment charge equal to the
<br />lesser of five percent (5%) of such Payment nrthe highest charge
<br />allowed by law.
<br />5. Security Interest To secure your obligations under this
<br />Agreement, you grant uoacontinuing ondpUodtyaonunty|nmmo in
<br />each Unit (including any Additional Co||oteraV, including all
<br />attaokmonto, munonooUon and optional features (whether or not
<br />installed on such Units) and all auboUtminno, mp|000moms,
<br />oddiUono, and ommoo|nno, and the pmomada nfall the fomUo|ng,
<br />mduuinq, but not limited to, pmnvodo in the form of chattel paper.
<br />You authorize the filing of such financing statements and will, at
<br />your expense, do any act and execute, acknowledge, de(iwor. U|e,
<br />mg|nmr and record any dnoument, which we deem 8emimb|a to
<br />protect our security interest |neach Unit and our rights and benefits
<br />under this A8momonL You, at your euponoe, will protect and
<br />defend our security interest inthe Units and will keep the Units free
<br />and o|omr of any and all claims, ||ano, encumbrances and legal
<br />processes however and whenever arising.
<br />6. Disclaimer of Warranties VvEHAVE NOT MADE AND D0NOT
<br />MAKE ANY WARRANTY, nspns8emTAT0N OR COVENANT
<br />OpANY KIND, EXPRESS ORIMPLIED, A8TOTHE UNITS. AS
<br />ToUS, YOUR LEASE AND PURCHASE OFTHE UNITS WILL BE
<br />ON AN 'A8 0" AND 'WHERE |G^ BASIS AND ''N0TH ALL
<br />FAULTS". Nothing in this Agreement Is Intended to Umit,
<br />wa|wm, abridge or m«oemNse modify any r|8Aun, o|m|mm' o,
<br />causes of action that you may have against any person or
<br />entity other than us.
<br />zm You have onimmediate need for, and expect to
<br />make immediate use of, the Units. This need |onot temporary or
<br />expected to diminish during the term of this Agreement. To that
<br />anu, you ogmo, mthe extent permitted by law, to include in your
<br />budget for the current and each ounmoo|mo h000| year during the
<br />term of this AQmemont, a ouffiv|ont amount to permit you to
<br />US Governmental Equipment Lease -Purchase Agreement 4639581/310312010:32:36 AMRef. 1942653
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