Within one year from the date of closing or occupancy by the Buyer, whichever is first to occur, the Builder will repair or replace, at Builder's option, any defects in material or workmanship as determined by the application of the above-referenced Quality Standards and as otherwise limited by the terms and conditions of this Limited Warranty.  Buyer agrees to accept a reasonable match in any repair or replacement in the event the original item is no longer available.

2. What is not covered by the Limited Warranty?  This Limited Warranty does not cover the following items:

1. Damages from the elements (such as fire or other casualty), misuse, abuse, ordinary wear and tear, and/or the failure of Buyer to follow proper operating instructions or to otherwise fail to properly maintain the home;

2. Damages from the failure of utility services;

3. Damages related to items not furnished by the Builder;

4. Items arising after the one year period referenced above;

5. Incidental or consequential damages, including secondary damages and damages from mental anguish. Some states do not allow limitations of consequential damages so this limitation may not apply to you;

6. Damages to anyone other than the original Buyer;

7. Defects in appliances and equipment that are covered by manufacturers' warranties (the Builder herein having assigned these manufacturers' warranties to the Buyer pursuant to Section 3 to the extent they are assignable and it accordingly being agreed that if a defect appears in these items, the Buyer should follow the procedures set forth in the manufacturers' warranties relative to the same); and

8. The "non-warrantable" conditions as hereafter set forth in Section 5.

3. Manufacturers' Warranties. The Builder assigns and passes through to the Buyer (to the extent they are assignable) the manufacturers' warranties on all appliances, equipment, and other miscellaneous items ("Consumer Products"). The following items are examples of such Consumer Products: appliances, heating and cooling equipment, plumbing fixtures and equipment, mechanical and/or electrical equipment, cabinets, floor coverings, roofing materials, windows, and doors, etc.

5. Non-warrantable Conditions.  The following statement of conditions relate to items or events that are not subject to the Builder's warranties as set forth herein.  To this end, Buyer acknowledges and understands that like other products made by humans, a house is not perfect and certain inherent elements in the materials used to construct a house are such that the following conditions cannot reasonably be warranted by the Builder.  The Buyer acknowledges that the Buyer has read these items carefully and understands that the Buyer has not contracted for the Builder to correct these types of problems should they occur.

1. Radon/Indoor Air Quality. The Builder makes no warranty regarding the presence of radon gas at or in the vicinity of the house or the quality of the air within the house. Radon is a naturally occurring phenomenon. The Builder claims no special expertise regarding either the identification of or the methods to reduce radon levels, or the risks associated with radon exposure and makes no warranty relative to the same.

2. Concrete, Masonry and Mortar. Concrete, masonry and mortar may develop hairline cracks or may develop spalling due to shrinkage, expansion and contraction. These cracks or spalling may not affect the structural integrity of the building, are impossible to eliminate, and are considered normal.

3. Wood. Wood will sometimes check or crack or the fibers will spread apart because of the drying out process. This condition is most often caused by the heat inside the house or the exposure to the sun on the outside of the house. This condition is considered normal, and the Buyer is responsible for any maintenance or repairs resulting from it.

4. Drywall/Sheetrock.  Drywall or sheetrock will sometimes develop nail pops or settlement cracks. These nail pops and settlement cracks are a normal part of the drying out process. These items can easily be handled by the Buyer with spackling during normal redecorating. However, if the Buyer wishes, the Builder will send a worker at the end of the one year term described in Section I above to make the necessary repairs. The Builder's repairs will include repainting the repaired area only. The Builder is not responsible for color variations and is to match the affected areas only as closely as reasonably possible.

5. Caulking. Exterior caulking and interior caulking in bathtubs, shower stalls, and ceramic tile surfaces will crack or shrink somewhat in the months after installation. These conditions are normal and should not be considered a problem. Any maintenance or repairs resulting from them are the Buyer's responsibility.

6. Frozen Pipes. The Buyer must take precautions to prevent freezing of pipes and sillcocks during cold weather, such as removing outside hoses from sillcocks, leaving faucets with a slight drip, and turning off the water system if the house is to be left for extended periods during cold weather.

7. Ice Dams. Ice dams are considered a natural phenomenon, caused by freeze/thaw cycles in the winter. Erratic weather conditions can cause the buildup of ice, snow, and water, which backs up under the shingles, causing leaks. Ice dams and ice and snow buildup should be removed from the lower portions of the roof, if at all possible. Ice dam prevention is the Buyer's responsibility.

8. Alterations to Grade. Any alterations to grading due to the installation or addition to landscaping, patio or service walks by the Buyer, which either obstructs the initial grading pattern as established by the Builder, exceeds the damproofmg or waterproofing height of the foundation, or eliminates the positive grade (slope) away from the foundation, and any problems that result from any of the above conditions, are not covered by this limited Warranty.

9. Damage Due to adding Sprinkler System After Completion. Builder is trot responsible for the following occurrences arising as a result of the Buyer installing a sprinkler system outside of the scope of Buyer's contract with Builder: (i) discoloration of paint, stucco or other exterior materials resulting from the sprinkler systems; (ii) severance of underground downspout tile, wires, cable or telephone lines, etc.; (iii) basement moisture/ leaks; and (iv) damage to shrubbery and trees due to excessive water.

10. Floor Squeaks. After extensive research and writing on the subject, technical experts have concluded that much has been tried but that little can be done about floor squeaks. Generally floor squeaks will appear and disappear over time with changes in the weather and other phenomenon.

11. Floors. Floors are not warranted for damage caused by neglect or the incidents of use. Wood, tile and carpet all require maintenance. Floor casters are recommended to prevent scratching or chipping of wood or tile, and stains should be cleaned from carpets, wood, or tile immediately to prevent discoloration. Carpet has a tendency to loosen in damp weather and will stretch tight again in dryer weather.

12. Bricks Discoloration. Most bricks may discolor because of the elements, rain runoff; weathering, or bleaching. Efflorescence - the formation of salts on the surface of brick walls -may occur because of the passage of moisture through the wall. Efflorescence is a common occurrence, and the Buyer can clean these areas as the phenomenon occurs.

13. Broken or Scratched Glass. Any broken or scratched glass or mirrors that are not noted by the Buyer at the final inspection are the responsibility of the Buyer.

14. Stained Wood. All items that are stained will normally have a variation of colors because of the different textures of the woods. Because of weather changes, doors that have panels will sometimes dry out and leave a small space of bare wood, which the Buyer can easily touch up. These conditions are normal and are not considered defects; and, accordingly, are not covered by this Limited Warranty.

15. Paint. Good quality paint has been used internally and externally on the home. Nevertheless, exterior paint can sometimes crack or check. The source of the defect is most often something other than the paint. To avoid problems with the paint, the Buyer should avoid allowing lawn sprinklers to hit painted areas, washing down painted areas, and so on. The Buyer should also not scrub latex-painted, inside walls and be careful of newly painted walls as they move furniture. The best paint will be stained or chipped if it is not cared for properly. Any defects in painting that are not noted at the final inspection are the Buyer's responsibility.

16. Plumbing Maintenance. If the plumbing is stopped up during the warranty period and person servicing the plumbing fords foreign materials in the line, the Buyer will be billed for the service call.

17. Lawn, Shrubs and Trees. The Builder accepts no responsibility for the growth of grass or shrubs. Once the Builder grades, seeds and/or sods the yard, the Buyer must water the plants and grass the proper amount and plant ground cover where necessary to prevent ground erosion. The Builder will not regrade a yard, nor remove or replace any shrubs or trees, except for those that are noted as diseased at the final inspection.

18. Roof. During the first year the warranty on the Buyer's roof is for workmanship and materials. After that the warranty on the roof is for material only, and it is prorated by the manufacturer, over the life of the roof. Warranty claims for any defects in materials should be handled through the manufacturer with the distributor's and the Builder's assistance. The Builder will not be responsible for any damages caused by walking on the roof or by installing a television antenna or other item on the roof.

19. Condensation. Condensation takes place in a home wherever warm, moist air comes into contact with colder surfaces such as windows, basement walls or exposed pipes. There is more condensation in homes today because they are built tighter, insulated better and have improved doors and windows that have virtually eliminated drafts and numerous air exchanges in the home. The Builder shall assume no responsibility for condensation, or for any damages due to condensation.

20. Rising Truss Syndrome. Rising truss syndrome is a naturally occurring phenomenon, referring to either a noticeable crack in the drywall, or the sudden development of floor squeaks along the center non bearing walls directly under the center of the roof truss spans. It usually develops during the first heating season. Specifically, it involves homes that have had a "truss system" installed instead of a conventionally framed roof system. A roof truss system (which is simply a premanufactured building component made of several parts) permits longer spans with smaller framing members. However, when assembled the roof truss system is in temperature Equilibrium, Equilibrium, but after it is installed the situation changes with Darts of the truss system absorbing moisture and expanding and other parts not - thus sometimes creating an upward arching and the above referenced results. While there are methods that can be used to minimize the effect of this syndrome, it generally cannot be eliminated in its entirety and accordingly is excepted from this Limited Warranty.

6. Claims Procedures. If a defect appears that the Buyer thinks is covered by this Limited Warranty, the Buyer must write a letter describing it to the Builder and send it to the Builder at the Builder's office address as set forth above. The Buyer must tell the Builder in writing what times during the day the Buyer will be at home so the Builder can schedule service calls appropriately. If a delay will cause extra damage (for instance, a pipe has burst), the Buyer should telephone the Builder. Only emergency reports should be given or taken by phone. Failure to notify the Builder of defects covered under this Limited Warranty or any implied warranties that are limited pursuant to this Limited Warranty shall relieve the Builder of liability for replacement, repair or other damages relating to the same.