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<br />(.) W"I SEUER HEREBY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTA-
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<br />BILftY AND FITNESS FOR A PARTICULAR PURPOSE ON ALL GOODS AND SERVICES UNLESS SELLER FUR.
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<br />NISHES BUYER WITH A SEPARATE WRITTEN LIMITED WARRANTY OR SERVICE CONTRACT MADE BY SEL-
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<br />LER ON ITS OWN BEHALF (WHICH, IF MADE, ACCOMPANIES THIS CONTRACT).
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<br />(b)' bave read, indetail,lbe separate "LIMITED WARRANTY" whicb accompani..lbi.conll'llCt.ltnplain.lbeconditionundcm:ultlltallCe. in which the_
<br />ufactured produc" will be repaired or replaced. I take notice of lbe limitation. on lbe wamutty, and I particularly recognize lbat any implied wamutty which appliOlIO the
<br />goods last5 only as long as the warranty or service contract.
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<br />SPECIAL.ORDER GOODS: , know lbat you have measured my house and it. openings so that you can make the product. to fit my particular house, I take noticelhalthe
<br />goods lhat are manufactured for my specifIC house probably will not fit any other houses. and under such conditions. I know lhat r cannot cancel this contract at any time
<br />afterlhe period of time given to me, by law. in which tocanceJ. After that legal period of time. I know that I have theobligafion to pay you in fun the amount owed.
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<br />OBUGA nONS PERTAINING TO MY REAL ESTATE: I, I promise to keep my house in good repair and to keep it in.ured for at 'eut 80% of ill replacement value
<br />by buying a fire and extended coverage insurance policy. The insurance company must be approved by you, and the policy must have a bc:ncficiary clause which Ia)'s thet
<br />you are to be paid if there is a loss. The insurance company must agree that it wiU not cancel iny policy without ftrSl telling you. I authorize the insurance company to pay
<br />you directly for any Joss. You can choose to use this insurance payment to either tq)ay any amounts I owe you or to repair my house. 2. I also promise- that I will DOt allow
<br />anyone else to place any Hens on my real estate without your written permission. 3. I promise to pay all taxes, assessments and other charges on my real estate when due.
<br />4. 1 promise to i.imely make all payments on my prior Joans secured by my real estate. r also promJse that f will not extend, renew or chanae prior loana without your wriUen
<br />permission. 5. Iff do not insure my house or fulfUl my other obligations to my real estate, then you can do it for me jf you want (but YOU-do not have to). If you do pay allY
<br />of these obligations for me, [ agree to pay you back on demand plus interest at the highest lawful contract rate of interest. Untill pay you back,-these amounts will be BddeQ
<br />~ 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 homeowner or liability
<br />msurance.
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<br />SALE OF MY HOUSE: I promise not to sell, lease or give my house to anyone until [have fully repaid my debt to you.
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<br />DEFAULT: I will be in derault under lbi. conll'llCt if:
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<br />L I don't make a payment when due; or
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<br />2. I break any promise I made to you in this contract; or
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<br />3. Something else happens which causes you to believe in good faith that I do not intend to pay you as promised; or
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<br />4. I default on any obligations for which I am using my home as collateral; or
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<br />5. Something happens to my bouse which tOreateml your rights, if any, in it.
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<br />IF I AM IN DEF AUL T: I understand lbat you have the right to roreclose lbe Mortgage' have given to you and have my house sold to repay any amounll I owe you if I
<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 assiat -you to sell my house,-Of f to tu.e:me,
<br />or, to protect your ri$;hts, I agree to pay you 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, tfyou are allowed tocollect such amounts by law.
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<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, w:e can delay enforcing any of.therigbti
<br />without losing them, We can also use any rights nowor in the future given to us by law.
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<br />DELAYS: I know that you will use your best efforts to install the products I am purchasing on my house, but [ also understand that in same situations'you may"encoimtef.
<br />delays that are caused by strikes, weather conditions, delays you have in obtaining materials, or for other reasons thrt are beyond your control, I undmtanc:fthat y'o~'-will
<br />not be liable for such delays.
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<br />ARBITRATION: If I have a dispute or claim with you concerning the quantity, quality or performance of the products, I understand that my dispute may be IUbmi~ ~
<br />and settled accordin~ to the mediation-arbitration program that may have developed in my community, 1 also know that any decision made bY an arbitrator(s) would be en;
<br />tered in the court havmgjurisdiction over me and you. ' _
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<br />SALVAGE VALUE: I know that the windows, woodwork. and other materials that have to be removed by you for this installation have NO,sa1vl.ge- value. When you re--~)
<br />move them, you can have them for whatever purpose you want.
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<br />SPECIAL SITUATIONS: Due to lbe uniqueness or some of lbe products that yo~~II, Umderatand that in .pecial situations that rout Regional Office may have 10 revIew"
<br />and accept ~is con~act. I also understand that this sale <?CCulTed In my home ~J,har;ypU ~~ lfQiltY not ~ve ~ all the correct Information important to thia-tran,iaction
<br />at ourfmgemps; I gIve you my consent to correct any ObVIOUS errors that mey have occurred V""f.;"'l'ftlWblanks In thiS contract were completed.
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<br />~~~~f~~~r:~~~~~~~rarvro~~~~~sy~~n~f~~:~Ih.:~e ~~ ~;h:~:! j~';l~~~~~I~e~r;~~~f:~;:~:ti~~l:~~~~:n~E:c~~,.contractrequire.-;,
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<br />COMPLETENESS OFnns CONTRACT: This contract can only be changed irbolb you and I agree in writing,
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<br />The following notice brings to my attention the rights that I have even when this contract is sold to a fiuondal institution or a bank, and I should notice that the iinpor-_
<br />tance or this provision is stressed by its appearance in "", ""int, bold race type: NOTICE 84 - 0 0 a&a~
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<br />This credit contract finances a purchase. All legal rights which the Buyer hasaglllnst the Sellar .rlslng
<br />out of this transaction, Including all claims and defensel, are also valid againlt any holder of this contract.
<br />The right to recover money from the holder under this provision is limited to the amount paid by tliabuyer
<br />under this contract.
<br />A claim Is a legally valid reason for suing the Seller. A defense Is a legally vslld reason for not paying
<br />the Seller, A holder Is anyone trying to collect for the purchase.
<br />INSURANCE CANCELLATION: If! have requested insurance in lbis purchase, I may cancel such request ror insurance for any reason within fifteen (15) day. from the
<br />~~I~~~~dc~f:c~~n3~~7s~~~:~~~: ~~ ~~~li~~~I~}:n:~~~~~~~~:r~ ~~di~~~~~: ~:~~~tion of my coverage will be arranged with the insurance carrler(s) and
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<br />PLEASE NOTE: If r have r~ested insurance in thisiliurchase, I will receive within thirty (30) days- a certificate of insurance more fully describing the insurance coverage.
<br />~~~;7e~~~t~i~i~e~~ ~fi~~rn~~~~i~~~~;;,g~dIns~~c~~~~s~f ~~~~eJ:~~f~~ev~~~~~~~~~~~r~~ ~~~:ir~~~i::~h~&tS;:r ~i.surance that 1 am cove~ only to
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<br />NOTICE OF PROPOSED INSURANCE
<br />J take notice that either Credit Life or Credit Accident and Health lnsurance, or both, wiU be applicable to this Sales Contract on the reverse side only if I have- chosen
<br />~ybih~~~~~~ge~~~~~~ ~h~hi~~:~~e~TI:j~n:ff~:~~ ~lo~nt~~~v~t~flf~g~J~~~i:~~~~~:s~:;..t~:: ~~~ ~ ~~~ff=~ S::;n~:b~~~ ~~
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<br />monthly payments, I understand that this particular insurance may not provide coverage for my last few {)ayments, and that during that period of time I will-not have any
<br />insurance coverate. All benefits and Jbcoceeds of the insurance will be~aid to rou or to a financial institubon or_a bank if it purchases the Sales Contract to the extent of its
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<br />~~~:~:bd ili~ ~~~~ ;ri~la~ ~~n~fyt~~~~~~~t~~h~~~~ 36 ~d~~~e I}nIs=~id~;h~b~~~~t ~q~~a;~s~C~~~~tT~~ ~fl~!B~;:~; ~d=V~~s;
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<br />the request lor Credit Life Insurance, death benefits will be payable only with respect to ihe first one oius to die. Subject to ex:clusions. eliminations or waiting ~riod,stated
<br />in the msurance policy orcertificllte, Credit Accident and Health Insurance is for the benefit amount of 1/30th of each month's payment for each day that I am totally disabled
<br />due to an injury or sickness while I owe any payment to you; however, I understand that i have to be prevented from working due to such total disability for more than four~
<br />teen (14) consecutive days before the in:n~ce benefit is paid back to the first day of my total disability. I also know that I cannot obtain any lnsurancetromlnOU Ifl
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<br />=:~~i=a~:~:C;::ii:~ l~: ~:~~:~~i~':=~u~,,:~::!~:;ts~~~i:~:i:;u=~t;o~i~~:::tO~t:!~d~~:;~c~x:-s~tl:rnsu::no:
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<br />coverage will still have to be paid. If the Sales Contract is prepaid in full prior to the last rayment date. any uneamed. insurance premiums wiH be refunded to me in tho man..
<br />ner prescribed by law. Within thirty (30) days, I will receive the certificate of insurance more fully describing my insurance coverage. If the insurance iI. not accepted by
<br />the msurance company, I wiIJ receive a refund of the insurance premiums I have paid.
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<br />BlYER: n:;; next ;.Y..-'O p.....-",g.<iph3 cOiJ.:.a:.n ;::a...""r&..':tie;; rehtive to tt:::5 sale siY~n h-y '.'!~!-:' !he fi~!!..'1dfll irmitt,!non ()rl,$l1k in order for it to buy
<br /> this contract/
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<br />SELLER'S WARRANTIES AND ASSIGNMENT OF INSTALLM7"lT SAl;-ES COtf1'AAC~ ANDM~'ZG~E.v' .....
<br />FOR VALUE RECEIVED, Seller hereby sells. assi ns, conveys, transfers and delivers to "'! ;/ {' ['" .If' /"''---!. ,-' {,. ~ ~,..-',~.-{,....",-..:J.. ~:.,....,.( .
<br />(Assignee) all of its rights, title and interest in and to the fnstallment Sales Contract and Mortgage,:together with all liens existing to se,9Ure its p~tnent, and the property
<br />encumbered hereby, Assignee is hereby substituted as Mortgagee under the Mortgage provisions of this contract. Seller warrants and re~resents; (1) It has the right to make
<br />this assignment; (1) All statements and figures in this contract and in the Buyer's statement are materiall~ true and correct; (3) This contract arose from the bona fide sale
<br />~~e ~~J~~I~~is~il~~~~~e~~(5~n~6 ~~~:i~ I~~~r:~~::~ies~~~~~~~~t;c~)~j~ ~~~t~~~ ~Et~J~Nr~[ b:~ub~fioo!;;c~~~~~f~=~~:~~~~~~
<br />of offset; (7) The execution of this contract and the underlying sales transaction givins: rise thereto did not violate any federal or state law. directive, rule or regulation now
<br />in effect; (8) In the event that this contract or the underJymg sales transaction is subject to a right of rescission or cancellation by the Buyer, such rescission or caocella.
<br />tion period has expired and neither the sale nor this contract has beeo cancelled,~r rescinded. THIS CONTRACT IS SOLD BY SELLER WITHOUT RECOURSE.
<br />IN TESTIMONY WHEREOF, the- undersigned}{an ~Ytc:!}~ed rep~[n.~ve of the: Seller and has sig~led below on behalf of the Seller on thill __
<br />day of "../ / L_'~! I . 19~,
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<br />The foregoing instrument was acknowledged bef<;>re fir on ,...:...-.___~
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<br />PACESEp:ER PRODUCTS, /NC,("I~)
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<br />by the authoril,ed agent of SeHer who is
<br />My coll11nhsion o:xplre .-'-'
<br />.... mAIl' ...It.... tf "ttt'u t
<br />JES$lE C. G1lllOW I
<br />ill'{ -. b..:...c... It. l~----
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<br />By
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