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<br />r <br /> <br />(a) W. as SELLeR HEREBY DISCLAIM All WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTA- <br />Blll'tV 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 SEL. <br />LER ON ITS OWN BEHALF (WHICH, IF MADE, ACCOMPANIES THIS CONTRACT), <br /> <br />l b) I ha\'e read, in dt!lail, the separafe .. LIMITED WARRANTY" which accompanies this contract. It explains the conditions and circom~tance~ in which the m.... <br />uracrured product'! will tK" repaired or replaced. I lake notice of tbe limitations on the warranty, l:lnd I particularly recogniu thai any implied warranty which applies to the <br />gnods ht...ls fmly a.li long a.~ the warranty or service (:ofltract <br />SPKCIAL.ORDER GOODS: I know fhat you have measured my house and its openings so that you can make the products to fit my particular house, r take notice that the <br />goods thaI are manufactured for my specifi~ house probably will not fit any other houses. and under such condition!/.. I know that J cannot cancel this contract at any time <br />after the period oftiOle given to me, by law, 10 which to cancel, After that legal period of time, f know that I have the obligation to pay you in full the amount owed. <br />OBUGA nONS PERTAINING TO MY REAL E!o'T ATE: 1. I promise 10 keep my house in good repair and 10 keep il insur<<! for at le"l gl)% of i.. rep_Ivalu. <br />by buying a fire and extended covera~e Insurance policy. The insurance compaofi must be a~roVed by you, and the policy mult have a beneficiary clause which says that <br />~~~ :~~~~ ~::11~:S~ ~so~ ~~'c~~~:~~c~hi~~;:'r.in~u~~;~:~tt~~:~~: ~~~c:::~ea:lu:li,c~:ei~~:~~tr~~~~gni';h~:~1~:~~:Uu:'~ti~~~ ~rc,a~ <br />:~t~:~li: ~~ f~~~;~J:~il~~;rKe~~ :~~t: ~:<J~~~~~e~~r;n::~~~ta~~.1 ~O:iseO~i~:~~~ ~~~r~:s:::e~~~~= =~~::i~ ~~~~he:n~ <br /> <br />permission. 5. If I do not insure my house or fUlfill my other obligations to my real estate, t~n you can do it forme if you want (but you do not have to). If you do pay any <br />of Ihese obligations for me, J agree to pay you back on demand plus interest at the highest lawful contract rate of interest. Until I pay you back. these amounts will be added <br />to my debt to you which is secured by my real estate and house. I know that if you decide to buy insurance for me that you do not have to obtain any homeownerorliabiIiry <br />insurance. <br /> <br />SALE OF MY HOUSE: I promise not to sell, lease or give my house to anyone until I havefuJJy repaid my debt to you. <br /> <br />DEF AUI~ T: [ wiJl be in default under this contract if: <br /> <br />I I don't make a payment when due; or <br /> <br />') I break any promise l made to you in !his contract: or <br /> <br />Something else happens which causes you to believe in good faith that I do oot intend to pay you as promised; or <br /> <br />J default on any obligations for which r am using my home lI;S coJlater-tl; or <br /> <br />Something happens to my house which threatens your rights, if any, in it. <br /> <br />IF I AM IN DEFAULT: I understand that you have the right to foreclose the Mongage 1 have given to you and have my house sold to repay any amounts I owe you if I <br />am in default under lhis contract. Before my house is sold, you will do everything that the Jaw requires. If you hire an attorney to assist you to sen my house,-or, to sue me, <br />or, to protect your ri~hts, 1 agree to pay you for your reasonable attorneys' fees and f01" other related expenses such as court costs, title searches and money you expended <br />to protect my house. If you are allowed to collect such amounts by Jaw. <br /> <br />OTHER RIGHTS: We can choose not to enforce any of the rights under this contract as often as we want without losing them. Or, We can delay enforcing any of the rightl <br />without losing them . We can also use any rights now or in the future given to us by law. <br /> <br />~~y~ ~~: ~nc~:~~~~~r1k~~~~e~~:r ~~~dr.~~~~.t~~r:::'~~e ~r:~~t:r:;i~~~~~~~~no~~~~~:; ~:~~s~~~~rs~~~;~rs~~:~~~:~:oomaJ.~~'::= <br />not be Ji;:;,ble fOi such delays. <br />ARBITRATION: If J have a dispute or claim with you concerning the quantity, quality or performance of the products, I understand that my dis~te may be submitted to <br />and settled accordina: to the mediation-arbitration program that may have developed in my community. J also know that any decision made by an 8rbitrator(l) would be en.. <br />tered in the coun haVing jurisdiction over me and you. <br />SA LV AGE VALUE: I know that the windows. woodwork. and other materials that have to be removed by you for this installation have NO SaJV810VaJue. When you re.. <br />move rhem, you can have them for whatever purpose you want. <br />SPECIAL S~TUATIONS: Due to the uniqueness of some of me products that )'ou.liell, I uqderstand that in special situations that :your Regional Office may have to review- <br />and accept thIS contract. I also understand that this sale occurred In my home aridrtbatyo\lltld I may not have had all the correct mformation imponant to this transaction <br />at our fingertips; I give you my conseOl to correct any obvious errors that may have occurred when the blanks in this contract were compieted. <br /> <br />~~Vm~~f ~~~YnIt~~~~~~~~ra~ro;~i~~~l~h~Sy~~n~r;:f~~;~lh::V~ tt~~ ~;h~~..f~!~::t"~l;. ~~Itl;e~~~~~~~:~~~~~~i~~I~~I:~~io~:n~E: ~::,contract requires <br /> <br />COMPLETENESS OFTHIS CONTRACT: This contract can only be changeo ~i'bo[h you and I agree in writing. <br />Th~ follo~/ing nmice brings t~ my aueotion the righ~'i that I have even when this contract is sold to a financial ~tiwtion or 11 bank. and I should notice that the impor- <br />tanceofttm proVision is stressed by Its appearance In ten pOInt. bold facerype: .1 0" 5 81 <br />NOTICE -, 0.) . <br />This credit contract finances a purchall8. All legal rights which the Buyer has against the S.II.r .rl.lng <br />out of this transaction, Including all clalma and defenses, are alao valid against any hold.r of thl. contract. <br />The right to recover money from the holder under this provision Is limited to the amount paid by the buy.r <br />under this contract. <br />A claim is a legally valid reason for suing the Seller. A defense is a legally valid re..on for not paying <br />the Seller. A holder Is anyone trying to eollect for the purchase. <br /> <br />INSURANCE CANCELLATION: If 1 have requested m~urance to this_purchase, I may cancel such request for insurance for any reason within fifteen (15) days from the <br />~%~l~~~~dc~r~~c;z.~~~~&~~~:~~:~~ili ~~~li~~~,~ffnca~~~~~~::~II~ ~~~:J~~lt~: ~:~~~~tion of my coverage will be arranged with the insurance ,mier(s) and <br /> <br />PLEASE N<?,TE: if I have requested insurance In Ull!'tkfchase. I will receive, withm thirty (30) days a certificate of insurance more fully describing the insurance coverage. <br />:h~n;x~e:~~~~~:~i~e~~ r~f;~~~f~~\~~I~~~rt:~~~~~gJnsur:c~~~~~~f ~~~~e~~?f~~eV~~I~~~~~:'~~~~~~r~~ :~:~;;"f~~~~~~nO~:~S~r ~~.surance that I am covered only to <br /> <br />NOTICE OF PROPOSED INSURANCE <br />I. ta.ke OOUce that either Cre~1l Life or eredil Accident w.ld Health Insurance, or b?th~ will be applicable to this Sales Contract on the reverse side only if 1 bave cboaen <br />~)~i~~'~~~~~a~;e ~~:;~~~~ St~~hi::~~~~:~e~~l~nesff~ic:e :~!J(~.n[~~~v:~t;hfr;~f~tis~~~l~~~f~~~s~:~.:e~~~: ~~~~~ ~ %~~Sff~i~~s3~~~~bl:~ :~~m:~ <br /> <br />mOllthly payments_ I und~rstand that thl~ particular insurance m~y not provtde coverage for my laSl few payments, an~ that during that period of time I wilJ not have any <br />Insurance <.-'overage, All bene (its and pn..x:ee<h of the Ul,s~rdnct: will be paId to you or to a fm.anCHI.J institution or a bank If II purchases the SaJes Contractto the extent of <br /> its <br />mteresL<:. and any balance Wllll)e payable to me. The milia] amount of Credit Life Insurance lS the amount required to repay the Total ofPaymems; thereafter, the insurance <br />decreases bl the amou~t of each monthly payment on a scheduled 30 day basis. If I amhOlntly obligated on the Sales Contract with a Co-Buyer, and we have both signed <br /> <br />~~~~~:~~;~;~tl~)L~~eC~~i~~:~~ .(~~~~ ~::~~~~~~:l~ ~:I;'~~~~~~~c:il~f:$8:~~fi~ ~~~~~ oO!1~~6~d~f'e~~~J:~~~ ~:~~U;::::~t ;~~~~~%;S~t1:~&fI~':t~~:1 <br /> <br />due [(.l an IllJury orsICknes) w~ile I owe any payment l? you; howe\;er. I und~ersta~nd that I have to ~ prevented from working due to such total disability for more than four- <br />teen (14) cooM;a.:utlvc U!1Ys before the II\surancl: bellcht l!l pouti back to the hrJi.t day of MY total Jls~bilh)'. 1 also know tbat I cannot obtain any huuromce from fuOU If I <br /> <br />~~:~h~.~tl~a%~~~:i i :~~ ~.:~ ~~~) ~:~~~~l~~~~~~uc~voe{::e~~:;~'ia~~~:::;u~~~:~~i~~~i;~~ :::to::;tuo~;~;t~~:~~c:x~~ ~flrh:rnsu:n~: <br /> <br />Ci)',erage Will stdl have tobepald. If the Sales Conu"act ~s prepaid In full pnor to me last raymem date. an)' .u':leamed.lOsurance premiums will be refunded to me in theman~ <br />ner'pre~~nbed by law. Wlthm thIT:Y 1.30) day:., I will re;;;:t'lvt: the certificate of ms.urance more fully descnbmg my Insurance coverage. If !:he insurance is not accepted by <br />the Insurance .:ompany, I wlil receive areiund of the lfl.'iUranCe premiums I haw paId. <br /> <br />oLYEi4.: iil\::uCMiVl'U l',:U4lSI4j,)iilo \,.VUWolfl ....<UIWIW;;~ JCla~I~\;;;.O Ull'" 10<>.11;; ,l!;J~CII u)- u:-.lu iilt: I-Ul"'.i....i<111jl"'~i~...~lVUVI i.,.,"i.~ tl.viJ.;.i fvr., <br /> .vL~j i":....,, ;';.J;:I"-"''''~, <br /> <br />FOR \~~~~~~~l~~~~:~~::~ ':i~~\S~~SS:~::'~~a:'~: ~:~~,:~s~~E~ S~~ESf<[r~~C~ ~ND ,rOR(G~GiE / ",' <br /> <br />\A!lsi&ne~J all of its righ~.., {ill~ and interest i~ and!O the InstallmentSale:. Contr~t and Mo~gage, together WILl) all liens existing t cure its payment, and ~e property <br />e-u.cum~red herebv. A+;,slgnee l~ hereby subslltuu::d ~s ~1ortgagee under the Mortgage proViSions of thlS contract. Seller warrants and represents; (I) It haf. the nght to make <br />lhiS ass.lgmnent; {11 !~Jl slatement:. and figu~c~ in thb ccotrac! and Ullhe Buye(s .'.tatement are maledull\' true .md correct, (3) This. contract arose from the bona fide sale <br />of the goods, and scriices de::><;ribed herein; \4) The ca~h downpaym(:nt :iho\\-'n!D this contract was actualfy paid by Buyer and n~ pan of said downpaymcnt was loafi(~~ di- <br />reCUy or 1~...hft':l.:11J b}' SeI!t~r tt~ Bu)!:!", :51 Each Buyer l~ lega.lly comP<'tem to. cOnt!aCl; (~i This contract is not and ........[11 not bt subject to <l.lIy ciai~, defense, <br /> dema.'1_dyr nght <br />\)f vtTset. 17) Tht: t:~ccuiJUI1 01 [hi:. I.:()mra;.:t 'UlJ the ullJerl>ing :tales uan$i1'.:lll.,lli gJ..-ill~ ns.e tht:leto did not vJolatl:- ~n} federaJ or ~tJ.te law, Jire~tivc, rule: <br /> or regulatJon nov.. <br />10 effect; \81 In the event tbat thl:; contract or the underlYing sales transaction is subject 10 a right of resciSSion or cancellation by the Buyer, such rescission or t;ancelia- <br />lion penud ha' "pied ami n<>lhcn;.c "lie nor th" cont"" ha, been cancelled or "''''lDded. TllIS CONTRACT IS SOLD BY SEllER WITHOUT RECOURSE. <br /> <br />IN TLSTIMON'r WHLREUr. the: under~lgned I~ an 4}i~:J..In.L~J rel-'!!;;~~~~!_,'Ve <}f the ~djel and hdl> ~l~neJ b<.'lu...~ behalr vf iJ)e Se!kr \..'0 ,hlS ___~~.___.. <br /> <br />cW.~ of <br /> <br />lht: frireg')mg. Ol_~U'um-eH-; Wit; "d~O(lwkJgeJ befQ~ me c,;; __. _ . <br /> <br />PACE.SETTER PRODUCTS, INC_ (So''''.! <br /> <br />I <br />L <br /> <br />,1'1..-.------ <br /> <br />!:h. <br /> <br />b~ !he ~;;tho!'li!:il "-gent ".1 )i,':ikr whu ..~ <br />~"l} .:\)!nrnl:\~IOIl tXPHt", <br /> <br />~.~-,_._-~,.........-...~- -...:-=--------" <br /> <br />--......"...... <br />.-....c..,llIlJlIQlI,.._ <br />"CIaIIlt h, kU.l., <br /> <br /> <br />, f <br /> <br />{,_, {. ~ { ,:,e <br />