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<br />r <br /> <br />(a) W. as SELLER HEREBY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTA. <br />BIUTY AND FITNESS FOR A PARTICULAR PURPOSE ON ALL GOODS AND SERVICES UNLESS SELLER FUR. <br />NISHES BUYER WITH A SEPARATE WRmEN 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 V( ARRANTY:' ~hich accompanies this contrac~. It explains th~ conditions ,and ~ircumslances i~ which f;hc man- <br />ufactured products will be repaired or replaced. I take noUce of the hnutatJons on the warranty, and J partIcularly recogmze that any ImplIed warranty which apphes 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 house and its openings so that you can make the products to fit my particular house. I take notice thatthe <br />goods that ~e manufac~red for my specifi~ hou~e probably wIll not fit any othC!' hous~s, and under such conditIons., I ~ow that I c~ot cancel thiS contract at any tune <br />after the penodoftime given to me, by law, 10 which to cancel. After that legal penod ofume. I know that I have theobhgatlOn to pay you 10 full the amount owed. <br />OBLIGA nONS PERTAINING TO MY REAL ESTATE: I. I promise to keep my house in good repair and to keep it ins"",d for atl...t 80% of its replacement value <br />by buying a fire ~d exten~ed coverage ~nsurance policy. The insuraflce cO~P8I?Y must be approved,by y~u, and the pol!cy must have a ~nefici~ clause which says that <br />you are to be paid If there lS a loss. The Insurance ~o~any must agree that ~t will not cancel my pol~cy Without first telh?g you. I authorize the lI1~ce company to pby <br />you directly for any loss. You can choose to use UUs Insurance payment to either repay any amounts 1 owe you or to repaIl'my house. 2. I alsopronuse that I will nmallow <br />anyone else to place any liens on my real estate without your written pennission. 3. ! promise to pay all taxes, assessments and oth-...r-:::h.arges on my real e!'.ate wne.'! due. <br />4. I promise to timely make all payments on my prior loans secured by my real estate. r also promise that I will not extend, renew or change prior loans without your written <br />permission,S. If! do not ins"'" my house orfulftll my other obligations to my real ealate, then you can do it forme if you want (but you do not have to), If you dopayany <br />of these obligations for me, I agree to pay you back on demand plus interest at the higbeatlawful 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 rorme that you do not have to obtain any homeownerorlillbility <br />insurance. <br />SALE OF MY HOUSE: I promise not to sell, lease or give my house to anyone until I have fuUy repaid my debt to you, <br />DEFAULT: I will be in default under this contract if: <br />1. J 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. I default on any obligations for which I am using my home as collateral; or <br />5. Something happens to my house which threatens your rights. if any. in it. <br /> <br />IF I AM IN DEF AUL T: ! under.;tand that you have the right to foreclose the. Mortgage I have given to you ",!d have my house sold to repay any amounlJ loweyou if I <br />am In default under thiS contract. Before my house IS sold. you will do everythmg that the law reqUlI'es. If you hire an attorney to assIst you to sell myhOuse.. OI',:to:auo ~ <br />or, to protect your ri~hts, I agree to pay you for your reasonable attorneys' fees and for other rela~ed expenses such as court costs. title searches and money youfllqlOllded <br />h} protect my house. If you are allowed to collect such amounts by law. <br />OTHER RIGHTS: We can choose not to enIorce any of the rigbts under this contract as often as we want witboutlosing them. Or, we can delay enfon:in&,.-y <<~rlsl* <br />without losing them. We can also use any rights now orin the future given to us by law. <br />DELAYS: I know that you will use your best effons to install the products I am purchasing on my house, but I also understand thatin some silUatiOllS you may__ <br />delays that are caused by strikes, weather conditions. delays you have in obtaining materials, or for other reasons that are beyond your control. I ltIlderslIDdtllll,OIl Will <br />not be liable for such delays. <br />ARBITRA nON: If I have a dispute or claim with you concerning the quantity, quality or perfonnance of the products, I understand that my dispute may be.ubmiIled 10 <br />and settled accordins to the mediation-arbitration program that may have developed in my community, I also know that any decision ltIIIde by an a.biUalor(.) would bellll- <br />tered in the court havmgjurisdiction over me and you. <br />SALVAGE VALUE: I know that the windows,woodworl<, and other materials that have to be removed by you for this installation have 110 n1v... value. WlIIII you,... <br />move them, you can have them forwhatc:verpurpose you want. <br />SPECIAL SITUA nONS: Due to the uniqueness of some or the {>fOducts that you sell, I understand that in special situations that your Resional OffIce Ill&)' have IoNviow <br />::'~J~tI~~~~;S~!:i::~o~~S;c,::,':=!t~~~~:~bvio~~~: .h.t~~~h:::~~D~~:~~bl::"ha;~~CO~~=~~on importut II) tbia___ <br /> <br />INVALID PROVISIONS: If any provision of this contract violates the law ..~d ".'" 'orc:eable. the "''' 0" :ne :onttact will be valid, If.-y part oflhil CClIIIneIlllqUinIII <br />payment of more interest than the law permits, then you will "nJv hs". the rigbt w .' """"t from me the amount of intereSt which the law allows you II) wUeet. <br />COMPLETEl'oi'ESSOF TIBS CONTRACT: This contract can only be changed ifboth you and I agree in writing, <br />The following notice brings to my attention the rights that I have even when this contract is sold to a financial institution or a bank, and I .bouId notice tlIIl the i1IlpoI'- <br />tance of this proviSIOn is stressed by its appearance in ten point, bold face type: NOTICE 84 - n n ~ A~; <br /> <br />This credit contract finances a purchase. All legal rights which the Buyer has ageln. .\WfIr <br />out of this transaction, Including all claims and defenses, are also valid against any holder otthis " '," , <br />The right to recover money from the holder under this provision Is limited to the amount paid by 1M' buyer <br />under this contract. <br />A claim Is a legally valid reason for suing the Seller. A defense Is s legally valid I'tlUOI1 for not paying <br />the Seller. A holder Is anyone trying to collect for the purchase. <br /> <br />INSURANCE CANCELLA nON: If I have requested insurance in this ,Purchase, I may cancel such request for insurance for any reason within fifteen (15) ~ from the <br />date of this contract by notifying you or the holder of this contract in writing, I know that the cancellation of my coverage will be 8rranged with the insurance cairieI(.) IlIIl <br />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, j will receive within thirty (30) days a certificate of insurance more fully describing the iDa_ covap. <br />I 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 lbal I am covencI 0IIly II) <br />the extent stated in the following Nouce of Proposed Insurance. I also know that I have insurance coverage only if I have been charged forit. <br /> <br />) ~ ; i . <br /> <br />NOTICE OF PROPOSED INSURANCE <br /> <br />I take notice that either Credit Life or Credit Accident and Health Insurance, or both. will be applicable to this Sales Contract on the reverse side onlrif I have cboIeD <br />it by si$ning the request for such insurance. This insurance wiU only cover the ~rson signing the request at the cost for each type of insurance ahown. Sub~to~, ' <br />by the msurance company, the insurance will be effective as of today and will continue ollly for the number of months after the effective dale equal to the -- of <br />monthly payments, I under.;tand that this panicular insurance may not provide coverage for my last few payments. llnd that during that period of time I wUI IlOtbaw ~ <br />insurance coverage. All benefits and proceeds of the insurance will be paid to rou or to a financial institubOn or a bank if it purchases the Sales ConlmCt II) !be e_ of ill <br />interests and any balance will be payable to me. The initial amount or Creditl1fe Insurance is the amount required to repay the Total ofPaymenlJ; thereIfter. the iDIlInInco <br />decreases by the amount of each monthly payment on a scheduled 30 day basis, If! am jointly obligated on the Sales Con_t with a Co-lluyer. and we have both aipecI <br />tbe request for Credit Life Insurance, death benefits will be payable only with respect to the fU'St one of us to die. Subject to exclusions, eliminations or wailiD8 pllriod sialed <br />in the tn.urance policy or certificate, Credit Accident and Health Insurance is for the benefit amount of 1130th of each month's payment for each day thatlllll tOiidIy diIIbIed <br />due to an injury or sickness while I owe any payment to you; however, I under.;tand that i have to be prevented from wurl<ing due to such total diUbiIity for _ ibaD f0ur- <br />teen (14) consecutive days berore the insurance benefit is paid back to the fir.;t day of my total disability, I also kno.. that I CllIIIlOt olJaID..,.~,.... ,..111 <br />am over 6S years of age today, aDd I also know that the insunmce coveralle provided to me may contain a maximum lIDIOIUll or conraae WhIdI will not peJ-- <br />cases, the entire alDOllDt that I owe YOD. Due to the maximum amount of coverage stated in the insurance policy, I know that any unpaid amount in ellCOlll oftlie iDaurance <br />coverage will still have to be paid, lr the Sales Contract is prepaid in full prior to the last rayment date, any unearned insurance premiums will be tdImded to me in the man- <br />ner prescribed by law, Within thirty (30) days, I will receive the certificate of insurance more fully describing my insurance co.-erage, If the insurance is not acceptecI by <br />the 1IlSUranceCOmpany. I will re<<ive a refund of the insurance pRlmiums) have paid. <br />BUYER: Tbe nextlWo paragraphs contain warranties relative to this sale given by us to the~, institution or bank in. order for it to buy this con <br />SELLER'S WARRANTIES AND ASSIGNMENT OF INSTALLMEJ9'JsAlES W ACT AND RT E ' <br />FOR VALUE RECEIVED, Seller hereby sells, assigns, conveys, transfer.; and deliver.; to '/ ,lJt,t. / yo ~ ~~ <br />(Assignee) all of its rights, title and interest in and to the Instailment Salea Contract and Mongage, together with all liens existing to its payment. and the property <br />encumbered hereby, Assignee is hereby substituted as Mortgagee under the Mongage provisions or this contract. Seller warrants and re resents; (1) It h.. the rigbt to make <br />this assignment; (2) All statements and figures in this contract and in the Buyer's statement are materially true and correcti (3) This contract arose from the bona fide sale <br />of the goods and services described herein; (41 The cash downpayment shown in this contract was actually paid by Buyer and no part of said downpayment was loaned di- <br />rectly or indirectly by Seller to Buyer; (5) Each Buyer is legally competent to contract; (6) This contract is not and will not be subject to any claim. defense, demand orrigbt <br />of offset; t 7) The execution of Li.is contract and the underlying sales u-ansaction givin~ rise thereto did not violate any federal or state law. directive, rule or replllion now <br />in effect; (8) In the event that this contract or the underlymg sales transaction is subject to a right of rescission or cancellation by the Bu~r. such rescission or cancella.. <br />tion period has expired and neither the sale nor this contract has n cancelled orrescinded. THIS CONTRACT IS SOLD BY SELLER WITHOUT RECOURSl <br />IN TESTIMONY WHEREOF. the under.;igned~tr 'zed rep~e of the Seller and has signed below on hehalr of the SeUer on thi, <br />day of / .19_. <br /> <br />L <br /> <br />The foregomg mstrument was acknowledged before me on I <br />c;J /O/Jl <br />G.....J.'-/~ <br /> <br /><"> PACE~"". R PZO UCTS. I~i!!j./ /' <br />Ii.-. ,," .' /, <br />,j9? By L~t/-<:J )L/ .~~ /:Jr../!..( L/LL-'It.--/ <br />~~""', 'I'~ <br />./"~.., [. ,L-" <'._. ..'^-..L- <br /> <br />by the authonzed agent of SeUer who IS <br />Mycommlssion expires: <br /> <br />------------,~~------~----<- <br /> <br />~ow _......._.......~l <br />I'lNlI~JH JJtlt I <br />IIU oN ~,~ ..hll , <br />