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Extended Payment Plan

Summary of Terms, Conditions, and Disclosure Points

All EPPs are subject to a 3% set-up fee ("Set-up Fee"). The Set-up Fee is applied to the total invoice amount. The Set-up Fee will be paid as part of the first payment.

The Set-up Fee is refundable if payment is made as follows:
If the down payment and all monthly payments are made by eCheck, bank draft, personal check drawn on good funds, or cash; and if all such payments are made timely (received by the dates noted on the payment coupons), you are entitled to a rebate of all Set-up Fees actually paid. Call Heritage Client Service at 800-872-6467 ext. 1150 to determine if you are eligible for the rebate and the balance of your final payment.

  1. All lot(s) sold on this EPP are retained in the Heritage vaults, segregated and specifically identified to your account.
  2. The minimum purchase is $2,500. A down payment as indicated in the attached payment schedule is required. The balance is payable in monthly installments as indicated. Any unpaid balance bears interest as shown. Late payments will subject the account to additional fees.
  3. The lot(s) purchased shall be retained to secure the purchase price and interest until payment in full has been made. Heritage is granted all of the rights of a secured creditor, including, but not limited to the power of sale. If any payment is not made when due, the account is delinquent and is in default. Upon default, Heritage may, at its option, accelerate the balance due on the account and declare the same to be immediately due in full; thereafter, Heritage may, at its option, exercise the following rights:

    1. Consign the lot(s) to auction at a seller's commission rate of 10%. It is expressly agreed such sale is a "commercially reasonable" sale. If upon such sale there is a deficiency (between proceeds and the extended payment balance), you agree to pay the same together with costs of collection, including legal fees. Any overage shall be refunded to you; or

    2. Exercise any other right of a creditor under the Texas Uniform Commercial Code, at law or in equity.

    3. Cancel the sale and charge a 20% fee and refund any excess to you.
  4. In addition to the prices shown on the invoice, you shall be liable for and pay all applicable taxes, shipping, handling, and fees as stipulated in the attached schedule, arising out of or in connection with this sale.
  5. Each right granted to Heritage hereunder or allowed Heritage at law or equity shall be cumulative. No failure on the part of Heritage to exercise and no delay on its part in exercising any right shall operate as a waiver thereof.
  6. Heritage in no event shall be responsible for consequential damages, incidental damages, compensatory damages, or other damages arising from the auction of any lot or relating to this transaction. In the event that Heritage cannot deliver the lot or subsequently it is established that the lot lacks title, or other transfer or condition issue is claimed, Heritage's liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer's maximum liability exceed the purchase price on that lot, which purchase price shall be deemed for all purposes the value of the lot. Nothing Herein shall be deemed to supersede or waive any Term or Condition of Auction if purchased at auction.
  7. Arbitration Clause: All controversies or claims under this Agreement or arising from or pertaining to this Agreement or related documents, or to lots purchased hereunder, or the enforcement or interpretation thereof of this or any related agreements, or damage to any lot, payment, or any other matter, or because of an alleged breach, default or misrepresentation under the provisions hereof or otherwise, that cannot be settled amicably within one (1) month from the date of notification of either party to the other of such dispute or question, which notice shall specify the details of such dispute or question, shall be settled by final and binding arbitration by one arbitrator appointed by the American Arbitration Association ("AAA"). The arbitration shall be conducted in Dallas, Dallas County, Texas in accordance with the then existing Commercial Arbitration Rules of the AAA. The arbitration shall be brought within two (2) years of the alleged breach, default or misrepresentation or the claim is waived. The prevailing party (a party that is awarded substantial and material relief on its claim or defense) may be awarded its reasonable attorney's fees and costs. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof; provided, however, that the law applicable to any controversy shall be the law of the State of Texas, regardless of its or any other jurisdiction's choice of law principles and under the provisions of the Federal Arbitration Act.
  8. The terms and conditions set forth herein contain the full and entire agreement between Heritage and you regarding payments and supersede all prior discussions, proposals, quotations and negotiations with respect to the subject matter hereof and shall not be modified or amended except by an instrument in writing signed by Client and an authorized officer of Heritage.

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