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<br /> ADDITFONAL TERMS �
<br /> IIMITED WARRANTY: My sole and exclusive remedy against yau or your assignee shall be limited to my rights and remedies under the ezpress LIMITED
<br /> WARRANTY you extend 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 CORPORATION AND WHICH "LIMITED WARRANTY" HAS BEEN DELIVERED TO EACH RESPECTIVE BUYER IN CONNECTION WITH THIS SALE.
<br /> PREPAYMENT AND ACCRUAL OF TI�IE FINANCE CHARGE:Even though I do not have to pay more than the regulaz 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 ca7culated 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 Chazge of$10.00.
<br /> SPECIAL-ORDER GOODS:I know that you have measured my house and its openings so that you can make the Products to fit my particular house and that[he
<br /> goods probably will not fit any other houses,so I know that I cannot cancel this contract at 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 charge 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 chazge will begin to run on the date that I sign the Completion Certificate.
<br /> The amount of finance charge may be more or less than the amount disclosed depending on the amounts I pay you and my[imeliness in making payments.
<br /> DEFAULT:I will be in default under this contract if: 1. I dodt make a payment when due;or 2. I break any pmmise 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 regulaz 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 costs,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[hat 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[his contract,you can declare all that I then owe you under this contract payable at once.I agtee 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 /> SAL�'AGE VALUE:I know that the windows, woodwork, siding,brick and other materials that have to be removed by you for this installation have ND 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 contrac[. 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 occuned when the blanks in this contract 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[he law permits, then you will only have the right to collect from me the amount of finance chazge which the law
<br /> allows you to collect.
<br /> NOTICE
<br /> ANY HOLDER OF THIS 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 BYTHE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BYTHE
<br /> DEBTOR HEREUNDER.
<br /> INSURANCE CANCELLATION:If I have requested insurance in this purchase,I may cancel such request for insurance for any reason within fifteen(15)days from
<br /> the date of this contract by notifying you or the holder of[his contract in writing. I know that the cancellation of my coverage will be ananged with the insurance
<br /> carrier(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,1 will receive within thiRy(30)days a certificate of insurance more fully describing the insurance
<br /> coverage. [know that if there is any conflict in the coverage or the language of the certificate of insurance and the following Notice of Proposed Insurance that I
<br /> am covered only to 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 rype of insurance shown. Subject ro
<br /> acceptance by the insurance company,the insurance will be effective as of today and will coatinue only for the number of months after the effective date equal to
<br /> the number of monthly payments. I understand[ha[this paRicular insurance may not provide coverage for my last few payments,and that during that period of
<br /> time I wi►I noi fiave any insurdnce coverage.All benefits�nd proceeds of[he insurance will be paid ta you orto a financial institurion 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 amouut required ro 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 Accide�t and Health Insurance is for the benefit
<br /> amount of I/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 I have to 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 refunded to me in the manner prescribed by
<br /> law.Within thirty(30)days,I will receive the certificate of insurance more fully describing my insura�ce 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 PAGE 4
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