David K. Straight - Page 6

                                          6                                           
               Before submitting an order to Eagle, customers began working           
          with Eagle’s engineering department, selected the final design,             
          and obtained financing.  Eagle produced the blueprints.  Some               
          customers wanted different floor plans, different windows, or               
          windows in different places than shown on the original plans.               
          Eagle's engineers prepared the blueprints accordingly.                      
                    b.   Back Deposits                                                
               If a customer did not pay for the house or arrange for                 
          financing within 60 days, the purchase agreement stated that he             
          or she could pay a second deposit ($4,000, increased to $5,000 in           
          1991), which Eagle and its customers called a "back deposit" or a           
          "back".  The purchase agreement stated that back deposits were              
          nonrefundable.  Eagle paid commissions of $450 to the person who            
          was responsible for the sale when it received a $5,000 back                 
          deposit.  The purchase agreement provided that if a customer paid           
          the back deposit, full payment could be made any time until 15              
          days before the house shipment date.  The agreement is silent               
          about what would happen if a customer failed to pay in full at              
          that time.                                                                  
               The purchase agreement states that it is the entire                    
          agreement between the parties respecting the purchase of an                 
          Eagle's Nest house.                                                         









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Last modified: May 25, 2011