EXHIBIT 10.9
MODULAR BUILDING CONTRACT DATED AS OF FEBRUARY 6, 2002,
AMONG CHEROKEE BANK, N.A. AND BANK & BUSINESS SYSTEMS, INC.
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BANK & BUSINESS EXHIBIT 10.9
SYSTEMS, INC.
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P. O. BOX 5746 - 000 X. 0XX XXXXXX - XXXX, XX 00000-0000
PHONE: 000-000-0000
Date February 6 , 2002
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The following constitutes a contract between Bank & Business Systems, Inc., a
corporation organized under the laws of the State of Georgia, herein known as
the Seller, and the Purchaser, as shown below.
The term "Purchaser" used herein shall mean the one to whom a quotation is made
by Bank & Business Systems, Inc.
Ship Via B&BS Your Order No. Date
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PURCHASER: Cherokee Bank SHIP TO: Cherokee Bank - Southside Branch
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Street:: P O Box 4250 Street:
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City: Canton State: GA 30114 City: Canton State: GA
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TERMS -- Net DELIVERY DATE (Approx.) 45 days
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BANK & BUSINESS SYSTEMS AGREES TO FURNISH TO CHEROKEE BANK THE FOLLOWING:
A. One (1) 28 x 70 DCA approved modular
bank building with two (2) 3.5 ton HVAC
units - see specifications dated 1/30/02 COST: $76,745.00
B. See floor plan dated 11/26/01 and
elevation plan dated 2/2/02
C. Interior Painting - color to be selected COST $ 3,594.00
D. 2 x 2 Suspended Ceiling COST: $ 5,739.00
E. Exterior siding to be Hardipanel - Stucco
Style - color to be selected
F. Freight, installation, underpinning -
included in the above pricing.
ADDITIONAL COSTS:
1. Front Canopy - 10' W x 24" D
Sunbrella Material COST: $2,100.00
2. Drive-thru canopy
Sunbrella Material COST: $5,189.00
OR
Dryvit type to match building COST: $9,900.00
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ALL PRICES FOB FACTORY OR WAREHOUSE UNLESS OTHERWISE NOTED TOTAL 86,078.00
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The undersigned purchaser does hereby agree that PAYABLE AS FOLLOWS:
the equipment mentioned in this order is purchased upon
the express condition that the sale thereof is 50% upon acceptance
conditional and title thereto to remain in Bank & 40% when building
Business Systems until the full purchase price ready to ship
specified herein is paid. 10% at completion
Property shall not be removed from above premises,
nor sold, rented or encumbered without written consent --------------------
of seller.
Purchaser shall pay all filing or recording fees and all expenses of
reasonable attorney fees or collection costs or expenses of recovering
possession in the event of any delinquency or default.
Purchaser shall bear all risk of loss, damage or destruction and shall at
all times keep property insured in favor of seller at expense of buyer to full
amount of balance owed.
Venue of suit, if instituted, shall be in county where seller's office is
located.
In the event of default, delinquency, or other breach of any of the
provisions hereof; seller shall have option to declare contract terminated and
retake possession of said property whereupon all payments theretofore paid shall
remain property of seller as liquidated damages and all interest of purchaser
therein or in the property shall terminate and be forfeited; for said purpose
purchaser authorizes seller to remove the property from its then location or
building without notice and without legal process; or, at seller's option, the
full remaining balance may be declared to be immediately due.
These quotations, unless otherwise expressly stated herein, or withdrawn or
changed by us prior to acceptance, are deemed to be withdrawn by us at the end
of thirty (30) days from the date hereof unless an order based on this proposal
is received by us; but any purchase order submitted to us in response to these
quotations, and based thereon, when accepted by us in writing, will constitute a
contract which shall not be cancellable by the purchaser, as a whole or in any
part, without our written consent thereto, subject, however, to any valid law or
regulation of the United States affecting or rendering partially or entirely
impossible our performance of such contract.
This contract, including the conditions and responsibilities set forth
hereinafter, contain all express, or implied agreements between the Purchaser
and Seller. No oral or other agreements or understandings conflicting with the
provisions of this contract shall be of any effect. This contract shall not be
effective or binding upon the Seller until signed by one of its duly authorized
representatives at its home office. A copy of the contract, when so signed,
shall be returned to the Purchaser and this shall constitute acknowledgement and
acceptance of the contract.
CONTRACT DATE: ACCEPTANCE DATE:
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PURCHASER: Cherokee Bank SELLER: Bank & Business Systems, Inc.
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By: By:
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(SIGNATURE) (SIGNATURE)
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(TITLE) (TITLE)
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