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88100194
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3/9/2007 5:40:58 PM
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3/9/2007 4:29:00 AM
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DEEDS
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88100194
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<br />I <br /> <br /> <br />L <br /> <br />~i <br />ti <br />4~i <br />[~ <br /> <br />ADDITIONAL TERMS <br /> <br /><\3%_100194 <br /> <br />~ . <br />PREPA YM~NT''\!'IP,ACCRU^L OF THE FINANCE CHARGE: Even though I do not have to pay more than the regular scheduled monthly payment,; have the <br />right to prjpaYlhd~le AnlOunt owing to you in full at any time or in part from lime to time. If the lending institution or bank that buys my contract computes the finance <br />charge daily, 1 know myfi"ance charge will be less if I make an early payment. and it will be higher if I pay late; I also recognize that any necessary adjustmenfto my total <br />finance charge will be reflected in my final bill; I also know that the amounts shown on lhe reverse side for the Finance Charge. Total of Payments, and the Total Sale Price <br />are estimates based on the assumption that you wili receive each of the payments exactly on its due date; and I know that there will be no refund if I prepay because there <br />is nothing to refund if I am charged on a daily basis. If the lending institution or bank does not compute the fmance charge daily, and if I prepay the whole amount, you <br />will refund to me the uneamed portion of the finance charge (interest) by the accounting procedure Known as the actuarial method; and the amount of my rebate will be <br />figured on the scheduled dates and amounts of my monthly payment and not on the actual dates and amounts of the prepayments that I pay to you. I know that a refund <br />ofIess than $1.OOwill not be made. <br /> <br />IMPORTANT NOTICE ABOUT WARRANTIES: <br /> <br />(a) We as SELLER HEREBY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTA~ <br />BILlTY AND FITNESS FOR A PARTICULAR PURPOSE ON ALL GOODS AND SERVICES UNLESS SELLER FUR. <br />NISHES BUYER WITH A SEPARATE WRITTEN LIMITED WARRANTY OR SERVICE CONTRACT MADE BY SELL- <br />ER ON ITS OWN BEHALF (WHICH, IF MADE, ACCOMPANIES THIS CONTRACT), <br /> <br />(b) I have read, in detail, the separate' 'LIMITED WARRANTY" which accompanies this contract. It explains the conditions and circumstances in which the man- <br />ufactured products will be repaired or replaced. I take notice of the limitations on the w:manty, and I particularly recognize that any implied warranty which applies to the <br />goods lasts only as long as the warranty or service contract. <br />SPECIAL.ORDER GOODS: I know that you have measured my bouse and its openings so that you can make the products to fit my particular house. I take notice that the <br />goods that are manufactured for my specific house probably will not fit any other houses. and under such conditions, I know that I cannot cancel this contract at any time <br />after the period of time given to me, by law, in which to cancel. Afterthatlegal period of time. I know that I have the obligation to pay you in full the amount owed. <br /> <br />OBLIGATIONS PERTAINING TO PROPERTY INSURANCE AND :'IIY REAL ESTATE: I. I promise to keep my house in good repair and to keep <br />It insured for al least Sock of ilS replacement value hy buymg a fjre and extended coverage insurance policy. The insurance company must be approved <br />by you. and the policy must have a beneiiciary clause which :,ays that you are to be paid if there is a loss. The insurance company must agree that <br />it will not cancel my policy without first telling you. I authoriZE the insurance company to pay you directly for any loss. You can choose 10 use this <br />msurance paymenl to eilher repay any amounts I owe you or to repair my house. I have the option of providing property insurance through an existing <br />policy or Ihrough a policy independently obtained and paid for by me. 2. I also promise Ihat I will not allow anyone else 10 place any liens on my real <br />estate without your wrinen permission. 3. I promi" to pay all taxes. assessments and olher charges on my real estate when due. 4. I promise 10 timely <br />make all payments on my prior loans secured by m\' real estate. I also promise thaI I will not extend. renew or change prior loans w;lnout your writlen <br />permission. 5. If I do not insure my house or fulfill my other obligations to my real ",;tate. then you can do it for me if you want (bllt YOII do not <br />have 10). If you do pay any of these obligations for me. I agree to pay you back on demand plus inlerest al Ihe highest lawful contract rate of interest. <br />Unlil I pa>' you back. Ihese amounlS will be added to my debt to you which i, .,ecured by my real estale and house. I know Ihat if you decide to bill' <br />insurance tor me that you do not have to obtain any homeowner Of Iiahility lf1surallce. <br /> <br />SALE OF MY HOUSE: I promise nol to sell. lease or give my hou" to anyone until I have fully repaid my debt 10 you. <br /> <br />DEF AUL T: I will be in default under this conlract if: <br />I. I don't make a payment when due; or <br />2. I break any promise I made to you in this contract; or <br />3. Something else happens which causes you to believe in good faith that I do not intend to pay you as promised; or <br />4. J default on any obligations for which I an1 using my home as collateral; or <br />5. Something happens to my house which threatens yourrights. if any. in it. <br /> <br />IF I AM IN DEFAULT: I understand that you have the right to foreelose the Mortgage I have given to you and have my house sold to repay. any amounts I owe you if! <br />am in default under this contract. Before my house is sold. you will do everything that the law requires. If you hire an attorney to assist you to sell my hOllse, or, to sue me, <br />or, to protect your rights, I agree to pay YOII for your reasonable attorneys' fees and for other related expenses such as court costs, title searches and money you expended <br />to protect my house. If you are allowed to collecl such amounts by law. <br /> <br />OTHER RIGHTS: We can choose not to enforce any of the rights under this contracl as often as we want without losing them. Or. we can delay enforcing any of the rights <br />without losing them. We can also use any rights now or in the future given to us by law. <br /> <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 encounter <br />delays that are caused by strikes, weather conditions. delays you have in obtaining materials. or for other reasons Ihat are beyond your control. I understand that you will <br />not be liable for such delays. <br /> <br />ARBITRATION: If I have a dispute or elaim with you concerning the quantity. quality or perfornJance of the products, I understand that my dispute may be submitted to <br />and ..ttled according to the mediation-arbitration program thaI may have developed in my community. I also know that any decision made by an aIbitrator(s) would be en- <br />tered in the court having jurisdiction over me and you. <br /> <br />SALVAGE VALUE: I know that the windows. woodwork, and other materials that have to be removed by you for this installation have NO salvage value. When you re- <br />move them, you can have them for whatever purpose you want. <br /> <br />SPECIAL SITUATIONS: Due to the uniqueness of some of the products that YOII sell. I understand that in special situations that your Regional Office may have to review <br />and accept this contract. I also understand that this sale occurred III my home and Ihat you and I may not have had all the correct mformation important to this transaction <br />at our fingertips; I give you my consent to correct any obvious errors that may have occurred when the blanks in this contract were completed. <br />INVALID PROVISIONS: If any provision of this contracl viol ales the law and is unenforceable, the rest of the contract will be valid. If any part of this contract requires <br />payment of more interest than the law permits, then you will only have the right to collect from me the amount of interest which the law allows you to collect. <br />COMPLETENESS OF THIS CONTRACT: This contracl can only he d\:m~e" if both you and I agree in writing. <br /> <br />L <br /> <br />~ <br /> <br />.... <br />
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