Highland Farms, Inc. and Subsidiary - Page 8

                                        - 8 -                                         
          less 6 percent.  Each year thereafter, up to 7 years after the              
          date of sale, the repurchase price was reduced by an additional 3           
          percent of the original price.  Anytime after 7 years, the                  
          repurchase price was 76 percent of the original price of the                
          cluster home.                                                               
               Lease and maintenance fee payments that were in arrears for            
          more than 60 days would accumulate interest at the rate of 9                
          percent per annum.  Such payments were considered liens on the              
          ownership of the cluster homes and were required to be paid in              
          full with interest prior to, or out of, the repurchase monies.              
               Cluster home owners were required to give 90 days' notice of           
          intent to vacate.  Those owners who wished to move into a                   
          Highland Farms apartment would receive the appropriate repurchase           
          price, plus a credit towards the apartment's entry fee of 1                 
          percent of the cluster home purchase price per year of cluster              
          home occupancy, up to a maximum of 7 years.  Where petitioner               
          allowed structural changes, it required the owners to pay the               
          cost of the addition and amended the original purchase agreement            
          so that the repurchase price would include not less than 76                 
          percent of the cost of the addition.                                        
               The cluster home purchasers understood that they were                  
          required to transfer the cluster home back to petitioner for a              
          percentage of the original purchase price.  Petitioner has always           
          honored its repurchase commitment.  Petitioner has not and as a             
          practical matter would not have allowed any cluster home owner to           
          sell the cluster home to a third party, nor would petitioner                
          approve an owner's subletting the unit, even if the potential               



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011