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2020-09-01_GENERAL DOCUMENTS - C1980004 (4)
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2020-09-01_GENERAL DOCUMENTS - C1980004 (4)
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Last modified
9/16/2020 8:00:04 AM
Creation date
9/1/2020 10:07:25 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
9/1/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
From
Law offices of Shelton , Branham & Halbert, PLLC
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
JRS
JDM
GRM
CMM
CCW
Media Type
D
Archive
No
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Buyers mine site listed in delivery terms, should Buyer exercise this purchase option. <br />2. DELIVERY TERMS <br />2.1 All the components for the Plant are available for shipment at Seller's manufacturing <br />facility in Tangshan, China. Buyer has the right to send its representative(s) to inspect the <br />Plant components pre -delivery. Any inspection by Buyer or the lack thereof shall have no <br />effect on the warranties and guarantees made by Seller in this Agreement. <br />2.2 Risk of loss of the Plant components shall pass from Seller to Buyer when the Plant <br />components have been delivered to Buyer at the Mine. Title to the Plant and the Plant <br />components shall pass from Seller to Buyer upon Seller's receipt of the final payment. Until <br />such time, Buyer is required to carry insurance on the Plant with Seller as loss payee in not <br />less than the amount owing Seller in the event of a loss. <br />2.3 Seller agrees to arrange for delivery of the Plant and all components from the Seller's <br />manufacturer (Tangshan Shenzou Manufacturing Co., LTD) in Tangshan City, China <br />within 120 days or upon completion, whichever occurs first, of signing this Agreement to <br />Buyers mine located at 5550 W. Bear Canyon Road, Huntington, Utah 84528. Seller will <br />arrange all transportation from a Chinese port to the destination where the Plant will be <br />installed as Buyer requires. Buyer agrees to pay for the ocean transportation, customs <br />clearance, duties, and any applicable taxes, and transportation costs of the Plant from <br />Manufacturers destination to Buyer's final destination in the U.S. <br />3. PAYMENT <br />3.1 Buyer agrees to pay Seller an earnest money deposit in the amount of One Hundred <br />Thirteen Thousand Two Hundred Four and 00/100s dollars ($113,204.00) upon signing of <br />this Agreement ("Deposit"). <br />3.2 Buyer shall make the second payment of One Hundred Thirteen Thousand Two Hundred <br />Four and 00/100s dollars ($113,204.00) to Seller upon notice that manufacturing is <br />complete and ready to ship from the Seller's manufacturer (TSM) in Tangshan City, <br />China. <br />3.3 Buyer shall pay Seller the remaining Twenty (20) payments of Fifty -Six Thousand Six <br />Hundred Two and 001100s dollars ($56,602.00) which includes interest, per month equally <br />upon completion of the erection and commissioning of the Plant as outlined in Article 4. <br />3.4 Should Buyer wish to pay off early, Buyer may pay a discounted amount of Forty Nine <br />Thousand Two Hundred Nineteen and 00/100 dollars ($49,219.00), the Principle, <br />multiplied by the number of ALL remaining payments. SEE EXAMPLE IN <br />ATTACHMENT D <br />2 <br />
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