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<br />(e) W. 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).
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<br />r
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<br />(b) I have read, in detail, !.he separate "LIMITED WARRANTY" which accompanies this contract. It explains the conditions and circumstances in which the maD-
<br />ufactured products will be repaired or repla~, I take notice of the limitations on the warranty, and I particularly recognize that any implied warranty which applies to the
<br />goods lasts only as long as the warranty or servIce contract.
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<br />SPECIAL-ORDER GOODS: I know that you have measured my house and its openings so thaI 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 wiH not fit any other houses, and under such conditions, ] know that r cannot cancel this contract at any time
<br />after the period of time given to me, by law, in which to cancel, After that legal pejiod of time, I know that r have the obligation to pay you in full the amount owed.
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<br />OBLIGATIONS PERTAINING TO MY REAl, ESTATE: I. I promise to keep my house in good repair and to keep it insu~ for at le..t 80% of its replacement value
<br />by huying a fire and exten&d coverage insurance policy. The insurance company must be awroved by you, and the policy must have a beneficiary claus<l which says that
<br />you are to be paid if there is a loss. The insurance company must agree that it will not cancel my policy without first telling you. I authorize the insurance-company to pay
<br />you directly for any loss. You can choose to use tl:;s insurance payment to either repay any amounts J owe you or to repair my house. 2.1 also promise that I will notalrow
<br />anyone else to place any liens on my real estate without your written permission. 3. I promise to pay 411 taxes. assessments and other charges on my real estate when due.
<br />4, I promise to timely make all payments on my prior loans secured by my real estate. I also promise that I will not extend, renew or chang<: prior loans wid10ut yourwri1len
<br />permission, 5. If! do not insure my house or fulfill my other obligations to my real estate, then you can do it forme if you want (but you do not have to), If you do pay any
<br />of these obligations for me, I agree to pay you back on demand plus interest at the highest lawful contract rate of interest, Until I pay you back, these amountil 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 t,.. obtain any homeowner or liability
<br />insurance,
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<br />SALE OF MY HOUSE: I promise not to sell, lease or give my house to anyone until I have fully repaid my debt to you.
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<br />, DEFAULT: I will be in derault underthis contract if:
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<br />1 . I don't make a payment when due; or
<br />2. I break any promise} 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} 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 house which threatens your rights. if any, in it.
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<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 amounlll owe youifl
<br />. am. in default under this contract. Before mv house is sold. you will do everything that the law requires. [fyou hire an attorney to assist you to sell my-houset'or~ 10 sue.. ""'.
<br />or, to protect your rie!>ts, I agree to pay you for your reasonable attorneys' rees and for other related expenses such as court costs, tilIe searches and moneyyoue~
<br />to protect my house. If you are- allowed to collect such amounts by law.
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<br />OTHER RIGHTS: We can choose not to enforce any or the rights under this contract as often as we want without losing them, Or, we can delay enforcing any oflbo righls
<br />without losing them. We can also use any rights now or in t..'le future given to us by law.
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<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 that in some situations you 1llIIY e_
<br />delays that are caused by strikes, weather conditions, delays you have in obtaining materials, or for other reasons that are beyond your conuol. I understand that you will
<br />not be liable for such delays.
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<br />ARBJTRA TION: If! have a dispote or claim with you concerning the quantity, quality or perfonnance of the products, I undeI1tandthat my dispIIUl may buubmltle4 to
<br />and settled according to the mediation-arbitration program that may have developed in my community, I also know that any decision made by anirbitra1ol'(s) would be en-
<br />tered in the court having jurisdiction 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 bave NO salvap value. WbeII you nl-
<br />move them. you can have them for whatever purpose you want.
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<br />SPECIAL SITUATIONS: Due to the uniqueness of some of the products that you sell, I understand that in special situations thatl'our Reslonal Office may bave to review
<br />and accept this contract. I also understand that this sale occurred m my hOIIll andlhal you 8Jll! I may not have had all the correc~ mformalion imporlaDl to this ttanUCtiOll
<br />at O'..lf fmgertips; ! give you my consent to correct any obvious eours that may have Occtur" \ ""':!hien the blanks in this contract were completed.
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<br />INVALID PROVISIONS: If any provision of this contract violates the law and [," 'W. ,.:able, the resl of -"., contracl wiD be valid. If any pet oftbis eontrICt IllqllIt'ea
<br />payment of more interest than the law permits. then you will only have W right to I:I~ :c~ :."\.:1li me the ai'n,)unt 0.. mterest which the law allows you to collect.
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<br />COMPLETENESS OFTHlS CONTRACf: This contract can only be change<! If both 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 financial institution or a bank, and 1 should notice that theimpor-
<br />tance of this provision is stressed by its appearance in ten point. bold face type: 0
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<br />This credit contract f!r.encss a purch!!se_ A!! ::!I~~hts whIch the Jt1';-;; .~~~f.."".rIeInrl
<br />out of thIs transactIon, Including all claims end defense8, a1'9 also valid against any holder of thlfl cotltI'lIclL
<br />The right to recover money from the holder under thl8 provision Is limited to the amount paid by the buyer
<br />under thl8 contract,
<br />A claIm 18 a legally valid rea80n for 8ulng the Seller. A defen.. Is a legally valid reuon for not paying
<br />the Seller. A holder 18 enyone trying to collect for the purchase.
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<br />INSURANCE CANCELLATION: If I have requested insurance in this purchase, I may cancel such request for insurance for any reason within fifteen (15) days fIom the
<br />date or this contract by notifying you or the holder of this contract in writing. I know that the cancellation of my coverage will be iuTanged with lbo insurance e~s) snd
<br />a fun refund of my premiumls) together with applicable finance charge will be credited to this contract.
<br />PLEASE NOTE: If I have requested insurance in this purchase, I will receive within thirty (30) days a certificate of insurance more fully describing the insurance coverqe.
<br />} know that if th~re IS any conflict L"l, the coverage or the language of the certificate of insurance and the following Notice of Proposed Insurance that I am covered only to
<br />the ex.tent stated 10 the followmg NotIce of Proposed Insurance. T also know that} have insurance coverage only if I have been charged fortt.
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<br />NOTICE OF PROPOSED INSURANCE
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<br />I t~e nouce that either Cre~t Life or Cre~it Accident ~d Health Insurance, or both. will be applicable to this Sales Contract on the reverse side only ifl have chosen
<br />tt by sl~mng the requC'st tor such msuram.-'e. 'fhlS Insurance will only CO\'er the ~rson ~igning the request at the cost for each t\.pe of insurance shown. SubjeCt to acceptance:
<br />by the msurance t."Ompany. the msuranl..'C Wli! be effectIve as of today and will conunue only for the number of months alter the effective date equal to the number of
<br />monthly payments, 1 under-iWld that this particular insurance may not provide coverage for my last few {Jayments. and tho.t during that period of time I will not have any
<br />Insurance coverage. All berefirs and proceeds of the insurance will be paid to you or to a fInancial institution or a bank. if it purchases the Sales Contract to the extent of its
<br />interests and any balance will ~ payable to me, The initial amount of Credit LIfe Insurance is the amount required to repay the Total of Payments; thereafter. the insurance
<br />decreases t'lv the amOul~t of ~a.:h monthly payment on a scheduled 30 day basis. lf I am jointly obligated on the Sales Contract with a C<rBuyer. and we have bothsipe4
<br />the reques.t tor Cre\ht Life Insuraoce, dea~ benefits will be payable ol1Jy with respect to the first one of us todie. Subject to exclusions. eliminations orwaitins ~ siated
<br />In W Insurance 1'0111:)' or l't~ruficate, 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 slckne-ss while- I OW~ any payment to you; howevcr, I understand that I have to be prevented from working due to such total disability for -more than four-
<br />teen \ 14) conScXuuve days before the msul1tllce- benefit IS paid back. to the first day of my total disability, 1 also know tbat I cannot obtaiD any InsuraDce from youlfl
<br />am onr 65 years of "Ie loday, and I also know thaI the insurance coverage provided 10 me may contain a maximum amount of cove..... ..bleb will not par in_
<br />cases, tbe e.ntin amount tha11 owe you. Due to the mlUlmum amount of coverage stated in the insurance policy. I know that any unpaid amount in excess of the insurance
<br />coverage will stiil have (0 be pald. If the Sales ContraCt tS prepw.d m f~U prior to. the last raymem date, any unearned insurance premiums will be refunded to me in the man-
<br />ner prescribed by law. Within thl~ (30) days, 1 will receiv~ the c~rtlficate of msurance more fulJy describing my insurance coverage. If the insurance is not accepted by
<br />the insurance company. J will receive a refund of the insurance premIums I have paid.
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<br />BUYER: The next two paragraphs contain warranties relative to this sale given by us to the financial institution or bank in order for it to buy this contract.
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<br />SELLER'S WARRANTIES AND ASSIGNMENT OF INSTALLMENT ORTG~GE ,
<br />FOR V ALliE RECEIVED. SeHer hereb)' sells. assigns, conveys. transfers and delivers to _ /' , !'''' f' OJ ;' :e-")
<br />(Assignee) all of its right.,5. titl~ and interest 10 and to the Installment Sales Contract and Mo~gage, t~gether with all liens existing to secure i ayment, and the propeny
<br />encum~red hereby. Asslgnee IS herebv substItuted as Mortgagee under the Mortgage proviSIOns of thlS contract, Seller warrants and represents; (1) It has the right to make
<br />this asslgnment~ t2) ~n statements and figures in this contract and in the Buyer's statement are materially Ulle and corre<:t; (3) This contract arose from the bona fide sale
<br />of the goods,and s.:-rnces described herein: t4) The cash downpayment shown in thIS contract was actually paid bv Buyer and no pan of said downpayment was loaned di~
<br />fe,t1;.' or IOduectly by SeHer to Buyer; \5) Each Buyer 1S legally competent to COnt.:fBct; {6) This contract is n~t and will not be subject to any claim, defense. demand or right
<br />of o~fsec t 7) The (~ecuhon ...'1 Ih,lS contract and the underlying s31es transac,tion.glvin~ rise the~to did not ~.l~late any feder~ or state law, directive, rule,or regulation now
<br />In etfect: (8) In the event (hat thIS contract or the underlymg s~s transactlon 1S subject to a nght of reSCISSion or cancellauon by the Buyer, such resclss.ion or cancena~
<br />tion period has expired and neither the sale nor thl> contract has n carnoelled or rescinded. THIS CONTRACT IS SOLD BY SELLER WITHOUT RECOURSE,
<br />IN TESTIMONY WHEREOF. the UndeN;.Ig~~_fn < ~~d repred-Illt,~.~Ofth~ Seller and ha:o. SIgned below l'n behalf of the Seli~ron thiS --
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<br />day \:If _____,____.______._______._.._..____ -' - '-_ ,1'J_..____. . _
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<br />The fot\~gOlng m,trumt:ut wa~ a.dnowledged before ~ 01\ /____..,
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<br />by the authunle-d agent '.If Sellcr who l.\ (,~., ....,-"jL-.----j f---I
<br />\1V'''"1l1ll~''''n'''Plel.LC. . .
<br />..... ....Aft - 'ht. II it,..,.....
<br />. JESSIE C. GllBOW
<br />_.. ,_- _~nlf1J;irT"l91I1'
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<br />PAC~ER PRO~UCTS, INg~~1er1 ;"
<br />By ;:;;._,..!C__!:-..l1_~___,_. /){.(~ t..'-'-.JL::___
<br />/ ,
<br />J..t . J
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