<br />84 _004635
<br />
<br />ADDITIONAL TERMS
<br />
<br />I
<br />
<br />PREPAYMENT AND ACCRUAL OF THE FINANCE CHARGE: Even though I do not have to pay more than the regular scheduled monthly payment, Itlave the
<br />right to prepay the whole amount Oii: Jo YOll 19... fu1.1 at any. time 'or tn part from. time to time. If the lending inSl.itution or bank that buys my contract computes the fi.n.ance
<br />charge daily, i know my fina...l1ce c~ro w;UbtJ.$ln make an earlv paYment. and it will be hi2her if I pay late: I also recognize that any necessary adjustment to my total
<br />finance charge will be reflected in ar∈ I ~s<rknow that the amounts shown on the reverse side for the Finance Charge, Total of Payments. and the Total Sale Price
<br />are estimates based on the assumption that you will 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! am charged on a daily basis. If the lending instltUlion or bank does not compute the finance charge daily, and iff prepay the whole amount, rou
<br />will refund to me the unearned portion of the finance charge (interest) by the accounting procedure known as the actuarial method; and the amount of my rebate wit 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 />of1ess than Sl.00will not be made.
<br />
<br />IMPORTANT NOTICE ABOUT WARRANTIES:
<br />(8) 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 SEL.
<br />LER 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 warranty I and I panicularly recognize that 8..'1Y implied warranty which applies to the
<br />goods lasts only as long as the warranty or service contract.
<br />
<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. 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 lUly time
<br />after the period of time given to me, by law. in which to cancel. After that legal period of time, I know that I have the obligation to pay'YOu in full the amount owed.
<br />
<br />OBLIGA nONS PERTAINING TO MY REAL ESTATE: I, I promise to keep my house in good repair and to keep it insured for at least 80% of its rep1acement value
<br />by buying a fue and extended coverage insurance policy. The insurance company must be ayproved by you, and the policy must have a beneficiary clause which, says that
<br />you are to be paid if there is a loss. The insurance company must agree that it will not cance my policy without nrst telling you. I authorize-the insurance company to pay
<br />you directly for an)' loss.. You can choose to use t.his insurance payment. toejL~errepay any amounts I owe you or to repair my heuse.:2. I alscpromise that lwill-notaliow
<br />anyone else to place any liens on my real estate without your written permission. 3. I promise to pay all taxes, assessments and other charges on my real estate wbendue.
<br />4. I promise to timely make all payments on my prior loans secured by my real estate. I also promise that [win not extend, renew or change prior loans without yourwritten
<br />permission. 5. If! do not insure my house or fulfill my other obligations [0 my real estate, then you can do it for me if you want (but you do not have to). If you do pay any
<br />of these obligations f?r me. I agree to pay you back on demand plus interest ~t the hig~est lawful.contract rate of interest. Until I pay you back~ these amounts will ~ ~
<br />!O my debt to you which IS secured by my real estate and house. I know that If you decide to buy mSUfanr:e forme thGt you do not have to obtain any homeownerorhability
<br />msurance.
<br />
<br />SALE OFMY HOUSE: 1 promise not to sell, lease or give my heuse to anyone until I have fu' .eoaic,.: Jebt to you.
<br />
<br />DEFAULT: I will be in default under this conrract if:
<br />
<br />L
<br />
<br />1. i don't make a payment whefldue; or
<br />
<br />'1 I break any promise I made to you in this contract; or
<br />
<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 />
<br />4. I default on any obligations for which I am using my home as collateral; or
<br />
<br />5. 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 Mortgage I have given to you and have my house sold to repay any amounts I owe you if I
<br />am in default under this contract. Before my house is sold. you win do everything that the law requires. If you hire an attorney to assist you to sell my house, or, to sue me.
<br />or, to protect your rights, 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. If you are allowed to collect such amounts by law.
<br />
<br />OTHER RIGHTS: We can choose not to enforce any of the rights under this contract as often as we want without Josing them. Or, we can delay enforcing: any oftberi,ghts
<br />without losing them. We can also use any rights now or in the future given to us by law.
<br />
<br />~~~~ l~~-~~a~~~o~~~~=J~r~~~~~~:.tde~~;~ la~i~~~~;rc~~~~~no~lo~~~; ~~~~SStlt~~~rs~~~;~u:~:~~r~~maJ.i=
<br />not be liable for such delays.
<br />ARB!TRATION: If I have a dispute or claim with you concerning the quantity. qualit:). or performance of the products, I understand that my dispute may be submitted to
<br />::t.'1d settled accordin&. to t.he mediation-a.-birration progra..-n that. may have de,,'cloped in my community. I also know that a..y decision made by a.. &rbitrator(s) ~'Culd be ~n.
<br />tered in the court havmgjurisdiction ovcrme and you.
<br />SALVAGE VALUE: I know that the windows. woodwork. and other materials that have to be removed by you for this installation have NO sa:Ivaao value, When you re-
<br />move them. you can have them for whatever pwpose you want.
<br />SPECIAL SITUA nONS: Due to the uniqueness or ,orne or the products that you sell, I understand that in special situations that your Rogional Office may have to ~vlow
<br />and 8ccept this. contTac-t. I also understand that this sale occurred m my home and that vou and I may not have had all the correct lnformation important to this tranACtion
<br />at our fingertips; I give you my consent to correct any obvious errors that may have occurTed when the blanks in this contract were completed.
<br />INVALID PROVISIONS: If any provision of this contract violaleS the law and is unenron:oable, the rest of the contract will be valid. If any part of this COIltract 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 tocollect.
<br />COMPLETENESS OF THIS CONTRACT: 'This contractcan only be changed ifboth you and I tlj!l'eO in writing.
<br />The following notice brings to my attention the rights that I ha\1e even when this contract is sold to a financial institution or a bank, and I should notice that the impor-
<br />tance of this provision is stressed by its appell11UlCO in ten point, bold face type; NOTICE 84 - 004635,
<br />
<br />
<br />This credit contract fln.nce. a purch.... All legal right. which the Buy.r h.. against the Seller erlllng
<br />
<br />out of thl. tranHCtlon. Including all clalma and def.n.... are also valid agaln.t any holder ot thl. contract.
<br />
<br />The right to recover money from the hold.r under thl. provl.lon I. limited to the amount paid by the buyer
<br />
<br />under thIs contract,
<br />
<br />A claim la a legally valid reason for suing the Sell.r. A d.fens. la a legally valid .....on for not paying
<br />
<br />the Seller, A holder Is anyone tryIng to collect for the purchase.
<br />
<br />INSURANCE CANCELLA nON: If! have requesled inswance in this pun:hase. I may cancel such request ror insurance ror any reason within fift..n (15) day. horn tho
<br />date of this contract b)' notifying you or the holder of this contract in writing, I know thai the canceUation of my coverage will be arranged with the inlurance caiTier(s) and
<br />a full refund of my premium(s) together with applicable fmance charge will be credited to this contract
<br />
<br />PLEASE NOTE: If I have requested insurance in this purchase, I will receive within th~rty (30) days a cenificate of insurance more fully describing the insurance coverase.
<br />I know that if there is any conflict in the coverage or the language of the cenificate of msurance and the following Notice of Proposed Insurance that I am covered only to
<br />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 />
<br />. t: ~J t ;) \ l NOTICE OF PROPOSED INSURANCE
<br />
<br />I take notice that either Credit Life or Credit Accident and Health Insurance. or both, will be applicable [0 this Sales Contract on the reverse side only if I have chosen
<br />
<br />~:ih~i~~~~~~ ~~~;~S~hi~~=~~~1?ii~~ff:ti~~ ~lOf~~~v:t:~~gg~~~i~~~f~~s~:~~~O~f ~~~fu: 3t: ~~~sff:ti~~ s=:~~~bt::: :~':be~~f
<br />
<br />monthly payments. 1 understand that this particular insurance may not provide coverage for my last few t>8yments. and that during that ~riod of time 1 will not have any
<br />!nsurance c~vera&e.. All be~fits and proceeds of the .i";s~r:mce will be ..!,aid. to you or to a fin.andal institution C?r a bank if it purchases the Sales Contract to the ex.,tent of
<br /> its
<br />Interests ana any oatance WIll be payable to me. The lmtuu fuliouni of\...redii Life Insuranc~ IS the amount reqUired to repay u"1e Total of Payments; t:hereal~er, t.he msurance
<br />decreases b~ the amount of each monthly payment on a scheduled 30 day basis. If I am~ointly obligated on the Sales Contract. with a Co~Buyer, and we have both signed
<br />
<br />~th~:~~~~;;1i~i~~e~';tifi~~~'~~~ ~c~i~~~~~~~~h~~~~~C~\~f:sa:~~efi~ ;:~~~~~.fl~3~d~f'e~~~j~~~~h~:~~)~~:~t t~:~h~~~Sili~t~~~~~I~~~~~
<br />
<br />due to an injury or sickness while I owe any payment to you; however, (unders[and thaI I have to be prevented from working due to such total disability for more than four-
<br />teen (14) consecutive days before the insurance benefit is paid back to the first day of my total disability. I aI50 know that I cannot obtain any Insurance I'rom)'ou Irl
<br />am over 6S years of aae today I and I also know that the insurance coverage provided to me may contain a maximum amount of l'Overage which wUl no~~'ln some
<br />
<br />=~~e:~~tiha:~~ ~~:ir~:s~ec~~~i:~~':d%ofuJH ~~~~~~~el:~~;~~~~ ~~~:~c: ~~~~~ ~~~~~~ ~J'':~::~ :moben~fU~d~d~oo~e fnt~~:"~~
<br />
<br />ner ,Prescribed by taw. Within thirty (30) days, I will receive the certificate of insurance more fully describing my insurance coverage. If the insurance is not accepted by
<br />the tnsurance company, I will receive a refund of the insurance premiums 1 have paid.
<br />
<br />BUYER: The next two paragraphs contain w~anties relative to this sale given by us to the financial institution or bank in order for it to buy thil contract.
<br />
<br />
<br />(A"i~~)~~~~i~;;~;~;;:~~l;~~;~~~I;~:;;'S:~;:;~~i~;~~;~~~;;!~~~~;~~::~j.t~:~~,~~:~~;~~~~;~l;;tt
<br />~hi~ua~~~:[7rl)' tijS;~~~~n~:r:J' fi:~:~i~~~ ~~~:~~:di:;h~~:;~~~:F~g:~:~S~t~h:i~Il~.nt:~~,~e~~~;;:~~t~tThi~ ~~~~:~~~~~J fI.:o~~~~e~~~~tAd;n~~
<br />oflhe goods and services described herein; (4) The cash downpaymelll shown in this contract was- actualfy paId by ~uyer and 00 part of !o3.id ~ownpaymeHt Wa3 loaned dl'
<br />rer.:il)' (.If inclin::ci.ly 0)' SeHer tn B~yc:r; (51 Each Bu)'cr is ieSaiiy COID tem to contract; (6) 'nlh I;unirad i.s !lOl am.! wlii lll,)( be ~ubje..:t m any t:h.um. ddenl>c. uemol',m!
<br /> VI ll&h~
<br />of offliet (7) The executhJI1 of lhlll contract and the underlying sa! 1ransaction givin$ rise thereto did not violate IAny f~-dtral or SUlle- law. r.iUl;'~tlvC'.. rule-ur regulation
<br /> om\
<br />in effect: (8) In the event that this contract Qr the underlYing sal tranSacti(lfl is subject to it. right of feJiCiSSH)O or cancellation by lhe Buyer. ~uch re$<:J.uion or ..:ancella-
<br />!lOll period 10" expired and neilher the sale oor this contract 10 .n caoc<ll"1o~o;emfled TIllS CONTRACT IS SOLO BY SElLER WITHOUT RECOURSE.
<br />[N TESTlMONY WHEREOF, the undenigned ~~ft:r-ed rep1r,;i of the Seller .md ha'i ~gjlt,'d he-km ,~n nt'hNlt .1 tilt' ~cJit'! UH~
<br />day of ~-'--'--'_._-_.""--------~"'_-7.19--:'__. i
<br />
|