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99- �!`�S��O PAGE 4 OF 4 <br /> ` ADDITIONAL TERMS <br /> — � <br /> LIMITED WARRANTY: My sole and exclusi�e remedy against you or your assignee shall he limited to my rights and remedies under the ezpress LIMIiED <br /> WARRANTY you eztend to me at the time I sign this Contract. My ezclusive rights and remedies under the warranty shall be in lieu of all other rights <br /> or remedies, at law or in equity, where permitted by applicable state law. WHERE PERMITTED BY STATE LAW, ALL IMPLIED WARRANTIES ARE EXCLUDED, <br /> INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. <br /> BUYER, READ THE SEPARATE "LIMITED WARRANTY" WHICH IS A SEPARATE WRITTEN INSTRUMENT PERTAINING SOLELY TO MANUFACTURED PRODUCTS OF THE <br /> PACESETTER CORRORATION AND WHICH "LIMITED WARRANTY" HAS BEEN DELIVERED TO EACH RESPECTIVE BUYER IN CONNECTION WITH TNIS SALE. <br /> PREPAYMENT AND ACCRUAL OF THE FINANCE CHARGE:Even though I do not have to pay more than the regular scheduled monthly payment,I have <br /> the right to prepay the whole amount owing to you in full at any time or in part from time to time. If I make a partial prepayment, I must continue to make my <br /> regular payments until I have paid all amounts owed.I know that the finance charge will be computed daily,so it will be less if I make an early payment and higher <br /> if I pay late.The amounts shown on page 2 for the Finance Charge,Total of Payments and the Total Sale Price are based on the assumption that you will receive <br /> each of the payments exactly on its due date. I know that there will be no refund of Finance Charges if I prepay, because the Finance Charge is calculated on a <br /> simple interest basis.I also understand that no refund of an amount less than$1.00 will be made,and that I may be charged a minimum Finance Charge of$10.00. <br /> SPECIAL-ORDER GOODS:I know ttfat you have measured my house and its openings so that you can make the Products to fit my particular house and that the <br /> goods probably will not fit any other houses,so I know that I cannot cancel this contract a[any time after the period of time given to me by law in which to cancel. <br /> After that legal period of time,I know that I have the obligation to pay you in full the amount owed. <br /> COMMENCEMENT OF THE FINANCE CHARGE:The finance chazge is estimated to start within 30 days of the date of this contract,except in the event that <br /> you complete the installation of the goods and services on another date,then the finance charge will begin to run on the date that I sign the Completion CeRificate. <br /> The amount of finance charge may be more or less than the amount disclosed depending on the amounts I pay you and my timeliness in making payments. <br /> DEFAULT:I will be in default under this contract if: 1. I don't make a payment when due;or 2. I break any promise I made to you in this contract. <br /> COLLECTION COSTS:If I am in default under this Contract,and you hire an attorney who is not one of your regular salaried employees to assist you in collecting <br /> the amount I owe, I agree to pay you for your reasonable attorneys'fees as well as any other related expenses such as court cests,title searches and amounts you <br /> expend to protect your security,if you are allowed to collect such amounts by law. <br /> DELAYS: I know that you will use your best efforts to install the Products I am purchasing on my house,but I also understand that in some situations you may <br /> encounter delays that are caused by strikes,weather conditions,delays you have in obtaining materials,or for other reasons that are beyond your control.I will not <br /> hold you liable for such delays. <br /> REQUEST FOR FULL PAYMENT:If I am in default under this contract,you can declare all that I then owe you under this contract payable at once. I agree to <br /> pay you interest on that amount at the Annual Percentage Rate shown on page 2 until the amount I owe is paid. <br /> SALVAGE VALUE:I know that the windows, woodwork, siding,brick and other materials that have to be removed by you for this installation have N� salvage <br /> value.When you remove them,you may dispose of them. <br /> SPECIAL SITUATIONS:Due to the uniqueness of some of the Products that you sell,I understand that in special situations your Regional Office may have to review <br /> and approve this contract. I also understand that this sale occurred in my home and that you and I may not have had all the correct information important to this <br /> transaction at our fingertips;I give you my consent to correct any obvious errors that may have occurred when the blanks in this contrac[were completed. <br /> INVALID PROVISIONS:If any provision of this contract violates the law and is unenforceable,the rest of the contract will be valid. If any part of this contract <br /> requires payment of more finance charge[han the law permits, then you will only have the right to collect from me the amount of finance charge which the law <br /> allows you ro collect. <br /> NOTICE <br /> ANY HOLDER OFTHIS CONSUMER CREDIT CONTRACT IS SUBJECTTO ALL CLAIMS AND DEFENSES WHICH THE <br /> DEBTOR COULD ASSERT AGAINSTTHE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH <br /> THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE <br /> DEBTOR HEREUNDER. <br /> INSURANCE CANCELLATION:If I have requested insurance in this purchase,I may cancel such reques[for insurance for any reason within fifteen(15)days from <br /> the date of this contract by notifying you or the holder of this contract in writing. I know that the cancellation of my coverage will be arranged wi[h the insurance <br /> canier(s)and a full refund of my premium(s)together with applicable finance charge will be credited to this contract. <br /> PLEASE NOTE:If I have requested insurance in this purchase,I will receive within thirty(30)days a certificate of insurance more fully describing the insurance <br /> coverage. I know that if there is any conflict in the coverage or the language of the certificate of insurance and the following Notice of Proposed Insurauce that I <br /> am covered only ro the extent stated in the following Notice of Proposed Insurance. I also know that I have insurance coverage only if I have been charged for it. <br /> NOTICE OF PROPOSED INSURANCE <br /> I take notice that either Credit Life or Credit Accident and Health Insurance,or both,will be applicable to this Installment Sales Contract only if I have chosen <br /> it by signing the request for such insurance.This insurance will only cover the person signing the request at the cost for each type of insurance shown. Subject to <br /> acceptance by the insurance company,ihe insurance�vill be effective as of today and will continue only for the number of months after the effective date equal to <br /> the number of monthly payments. I understand that this paRicular insurance may not provide coverage for my last few payments, and that during that period of <br /> time I will not have any insurance coverage.All benefits and proceeds of the insurance will be paid to you or to a financial instiwtion if it purchases the Installment <br /> Sales Contract to the extent of its interests and any balance will be payable to me.The initial amount of Credit Life Insurance is the amount required to repay the <br /> Total of Payments;thereafter,the insurance decreases by the amount of each monthly payment on a scheduled 30 day basis.If I am jointly obligated on the Installment <br /> Sales Contract with a Co-Buyer, and we have both signed the request for Credit Life Insurance,death benefits will be payable only with respect to the first one of <br /> us to die. Subject to exclusions,eliminations or waiting period stated in the insurance policy or certificate,Credit Accident and Health Insurance is for the benefit <br /> amount of 1/30th of each month's payment for each day that I am totally disabled due to an injury or sickness while I owe any payment to you;however,I understand <br /> that 1 have ro be prevented from working due to such total disability for more than fourteen(14)consecutive days before the insurance benefit is paid back to the <br /> first day of my total disability.I also know that I cannot obtain any insurance from you if I am over 65 years of age today,and I also know that the insurance <br /> coverage provided to me may contain a maximum amount of coverage which will not pay in some cases, the entire amount that I owe you. Due to the <br /> maximum amount of coverage stated in the insurance policy, I know that any unpaid amount in excess of the insurance coverage will still have to be paid. If the <br /> Installment Sales Contract is prepaid in full prior to the last payment date, any unearned insurance premiums will be refu�ded to me in the manner prescribed by <br /> law.Within thirry(30)days,I will receive the certificate of insurance more fully describing my insurance coverage.If the insurance is not accepted by the insurance <br /> company, I will receive a refund of the insurance premiums I have paid. <br /> 7039 SM-101-NE-H/IG PAGE4 <br />