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---------------- Date ------------------ Seller ------------------ Date ------------------ Agent ------------------ Date ------------------\n\n------------------ Date\n\nedge, that the information they have provided is true and accurate. ------------------ Seller ------------------ Buyer Date ------------------ Agent ------------------ Date ------------------ Buyer --42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowlssment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Agent\'s Acknowledgment (initial) (e)------ Agent has informed the Seller of the Seller\'s obligations under utually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) _____ waived the opportunity to conduct a risk assel information listed above. (d) _____ Buyer has received the pamphlet Protect Your Family From Lead In Your Home. (e) Buyer has (check (i) or (ii) below): (i) _____ received a 10-day opportunity (or m___ (ii)____ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Buyer\'s Acknowledgment (initial) (c) _____ Buyer has received copies of alhas provided the Buyer with all available records and reports pertaining to lead-based paint and/or leadbased paint hazards in the housing (list documents): ________________________________________________ (ii) ____ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the Seller (Check (i) or (ii) below): (i) _____ Seller /or lead-based paint hazards (Check (i) or (ii) below): (i) _____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): _________________________________________of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Seller\'s Disclosure (a) Presence of lead-based paint andst in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller\'s possession and notify the Buyer amage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interech property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological dBased Paint and/or Lead-Based Paint Hazards\nLead Warning Statement Every Buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that su___________________ City _______________________________ State and Zip ________________________\n\n18\n\nInitials Seller _________________ Buyer _________________\n\nDisclosure of Information on Lead-ailure of clearance of funds shall not excuse performance by the Buyer.\n\nBy:_________________________________ (Earnest Money Holder Signature) Name: ______________________________ Address: _________reement. The receipt of the Earnest Money under the Agreement and the terms of the Agreement are acknowledged. If payment was made by check, this acknowledgment is subject to clearance of the check. Fving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse same subject to clearance thereof in accordance with terms and conditions of Ag_ City _______________________________ State and Zip _______________________\n\n17\n\nInitials Seller _________________ Buyer _________________\n\nEARNEST MONEY RECEIPT\nAny Earnest Money Holder recei______________ State and Zip _______________________\n\nSignature __________________________ Buyer _____________________________ Date ______________________________ Address: __________________________ Zip _______________________\n\nSignature __________________________ Buyer _____________________________ Date ______________________________ Address: ___________________________ City ___________________\n\nSignature __________________________ Seller __ ___________________________ Date ______________________________ Address: ___________________________ City _______________________________ State and________________ Seller __ ___________________________ Date ______________________________ Address: ___________________________ City _______________________________ State and Zip _____________________ED TO BE A LEGALLY BINDING AGREEMENT. CONSULT AN ATTORNEY AND A TAX PROFESSIONAL BEFORE SIGNING IT, TO MAKE SURE YOU UNDERSTAND ALL OF THE TERMS AND LEGAL AND TAX CONSEQUENCES.\n\nSignature __________nTYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda shall control all printed provisions in conflict therewith.\n\nTHIS IS INTEND_________________\n\nparty fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.\n\f this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either 16\n\nInitials Seller _________________ Buyer invalid or unenforceable and such provision shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.\n\nWAIVER If one party waives any term or provision odetermines that any provision of this Agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Agreement RETATION Whenever the context hereof shall require, the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa.\n\nSEVERABILITY If any court nd assigns.\n\nCOUNTERPARTS This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement.\n\nINTERPs agreement OR [ _______ / _______ ] Buyer may assign this Agreement.\n\nBINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors acordance with the laws of the state of ______________________________________.\n\nASSIGNABILITY (select one and initial) [ _______ / _______ ] Buyer is prohibited from assigning all or any part of thill not be used to construe the meaning or intent of any term.\n\n15\n\nInitials Seller _________________ Buyer _________________\n\nGOVERNING LAW This Agreement will be governed by and construed in acted by any investigation, verification or approval by any party hereto or by anyone on behalf of any party hereto.\n\nHEADINGS Headings used in this Agreement are provided for convenience only and shaall be true and correct on and as of the Closing with the same force and effect as if made at that time, and all of such representations and warranties shall survive the closing and shall not be affechich might or does affect the conveyance contemplated hereunder.\n\nSURVIVAL OF REPRESENTATIONS AND WARRANTIES The representations and warranties set forth in this Agreement shall be continuing and shtive proceedings, including cases, pending or threatened or similar proceedings affecting the Property or any portion thereof, nor has Seller knowledge that any such action is presently contemplated wll be the date when the last one of the Seller and Buyer has signed this offer.\n\nPENDING LITIGATION Seller warrants and represents that there are no legal actions, suits or other legal or administrao Buyer. The offer may be withdrawn by the offering party before acceptance by written notice to the other party before acceptance.\n\nEFFECTIVE DATE The date of the Agreement (\"Effective Date\") shaunless earlier accepted by signing and returning it to the offering party. If both parties don\'t sign this Agreement before the expiration date, then any deposits or Earnest Money shall be returned t prepared and signed by one party and delivered to the other, it shall (before signed by the receiving party) constitute an offer that expires on _____________ (\"Expiration Date\") at _______ (time) __ Buyer _____________________________ Address: ___________________________ City _______________________________ State and Zip _______________________\n\nEXPIRATION OF OFFER If this Agreement is first__________ Buyer _________________\n\nand if to Buyer: Buyer _____________________________ Address: ___________________________ City _______________________________ State and Zip __________________________________________ Seller _____________________________ Address: ___________________________ City _______________________________ State and Zip _______________________ 14\n\nInitials Seller _______by certified mail; or (3) by overnight courier as follows: If to Seller: Seller _____________________________ Address: ___________________________ City _______________________________ State and Zip __in writing. A notice may be delivered to a party at the address that follows a party\'s signature or to a new address that a party designates in writing. A notice may be delivered: (1) in person; (2) ___________\n\n_______________________________________________________________________ NOTICES Any notice to be given or to be served upon any party hereto, in connection with this Agreement, must be ___________________________________________________________________ _______________________________________________________________________ ____________________________________________________________agree that: ______________________________________\n_______________________________________________________________________ _______________________________________________________________________ ____forcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument.\n\nADDITIONAL AGREEMENTS Seller and Buyer additionally prior writings. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against which the enis Agreement is the entire agreement between the parties with respect to the transaction contemplated herein. It replaces and supersedes any and all oral agreements between the parties, as well as anyrs\" whenever the sense of the Agreement requires. Unless identified as Seller or Buyer, no real estate professional, escrow agent or closing agent is a party to this Agreement.\n\nENTIRE AGREEMENT Thtled to recover reasonable attorney\'s fees and costs.\n\nPARTIES If Seller or Buyer constitutes two or more persons, the terms \"Seller\" or \"Buyer\" shall be construed to read \"Sellers\" or \"Buye_________________ Buyer _________________\n\nATTORNEY FEES AND COSTS In connection with any litigation including appellate proceedings arising out of this Agreement, the prevailing party shall be entint on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers\' fees, will be allocated by the arbitrator. 13\nInitials Seller omise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by ______________________. an arbitrator to be mutually selected. Judgme to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory comprmay take the matter to court. Mediation and Possible Arbitration. If a dispute arises, the parties will try in good faith to settle it through mediation conducted by ______________________. a mediator fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, either party th to settle it through mediation conducted by ______________________. a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully andnDISPUTES (select appropriate ones) Litigation. If a dispute arises, either party may take the matter to court. Mediation and Possible Litigation. If a dispute arises, the parties will try in good faisue any other available legal remedies or both or (2) demand a refund of the deposit in termination of this Agreement, in which case and this shall be the sole remedy of Buyer under this Agreement.\n\s for default or breach of Agreement could not readily be ascertained at the date of execution of this Agreement If Seller defaults, Buyer may (1) enforce specific performance of the Agreement and purit as Seller\'s total damages and relief hereunder in such event. In such event the parties agree that said sum shall constitute liquidated damages since both Buyer and Seller agree that actual damageformance of the Agreement and pursue any other available legal remedies or both or (2) cancel this Agreement and claim the deposit as liquidated damages and Seller agrees to accept and take said deposernative and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law. If Buyer defaults, Seller may (1) enforce specific perr party may pursue any remedies or damages available at law or in equity. All rights, powers, options or remedies afforded to Buyer or Seller either hereunder or by law shall be cumulative and not alt any material covenant, agreement, or obligation within the time limits required by this Agreement shall constitute a material default. Following a material default by either Buyer or Seller, the othelegal holiday shall extend to 5:00 p.m. of the next business day.\n\nDEFAULTS AND REMEDIES.\n\n12\n\nInitials Seller _________________ Buyer _________________\n\nFailure of either party to comply withime periods of less than six (6) days shall in the computation thereof, exclude Saturdays, Sundays and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or ____________ Both will pay any _____________________________________ Both will pay any _____________________________________\n\nTIME Time is of the essence of this Agreement. Any reference herein to th will pay any recording of purchase money mortgage (if any) Both will pay any recording any corrective instruments Both will pay any loan origination fees. Both will pay any _________________________ommitment and title policy (i.e. title insurance) issued pursuant thereto. Seller Seller Seller Seller Seller Seller Seller Buyer Buyer Buyer Buyer Buyer Buyer Buyer Both will pay any survey work. Botrecording costs, including recording of the deed, mortgage, and any documents required in connection with the title insurance commitment. Seller Buyer Both will pay any premium payable for the title cwill pay any documentary stamps which are required to be affixed to the warranty deed; Seller Buyer Both will pay any intangible tax required by law on the mortgage.\n\nSeller Buyer Both will pay any hichever applies. Check both if cost is split 50/50 between buyer and seller. Delete the one(s) that don\'t apply): Seller Buyer Both will pay any transfer tax when title passes.\n\nSeller Buyer Both ________________ (Other or none) 11\nInitials Seller _________________ Buyer _________________\n\nCLOSING COSTS The costs and expenses in connection with the Closing shall be paid as follows (select w_______________________________________________________________________ ______________________________________________________________________________ _________________________________________________ cashier check or other immediate local funds in the amount set forth in this Agreement and any required mortgage, mortgage note, security agreement and financing statement and _______________ _______GATIONS AT CLOSING Subject to the terms, conditions and provisions hereof, and concurrently with the performance by Seller of its obligations set forth in the Agreement, Buyer shall deliver to Seller,orth above : b. Furnish closing statement, mechanic\'s lien affidavit, assignments of leases, and any corrective instruments that may be required in connection with perfecting the title. BUYER\'S OBLIN AT CLOSING At Closing, Seller shall do the following: a. Execute, acknowledge, and deliver to Buyer a warranty deed or ______________ conveying the Property to Buyer subject to any limitations set f_____________________________________________________ ______________________________________________________________________ ____________________________________________________\n\nSELLER\'S OBLIGATIOl be added to or deducted from either the cash payment or the second mortgage as the Seller may elect.\n\n(iii) (iv)\n\n(v) Other: ___________________________________________________ _________________ublic utility easements of record, if any; Mortgage to be assumed or purchase money mortgages as described above, if any; Any variance in the amount of said mortgage from the amount stated herein shals; Restrictions and matters appearing on the plat or otherwise common to the subdivision, easements and zoning ordinances of record, and other requirements imposed by governmental authority, if any; pue of warranties, if any, contained in deed. RESTRICTIONS, EASEMENTS, LIMITATIONS The Buyer shall take title subject only to: (i) (ii) taxes and assessments for year of the Closing and subsequent year deed. In the event Buyer fails to make timely demand for refund, he shall take title as is, waiving all rights against Seller as to such intervening defect except as may be available to Buyer by virtd to Buyer and, simultaneously with such repayment, Buyer shall vacate the Property and reconvey same to the 10 Initials\nSeller _________________ Buyer _________________\n\nSeller by special warrantyh notification to cure said defect. In the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon written demand therefore and within five (5) days thereafter, be returneing. If Seller\'s title is rendered unmarketable, Buyer shall within said five (5) day period, notify Seller in writing of the defect and Seller shall have thirty (30) days from date of receipt of sucd the cash proceeds of sale shall be held in escrow by Seller\'s attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than five (5) days from and after Closs and evidence of title continued at Buyer\'s expense, to show title in Buyer, without any encumbrances or change which would render Seller\'s title unmarketable from the date of the last evidence, aned by the parties, Buyer shall have possession of the Property immediately following the Closing, free and clear of all trash, debris and furnishings. The deed shall be recorded upon clearance of fundortgagee as to time of day, place and procedures for closing, and for disbursement of mortgage process, shall control, anything in this Agreement to the contrary notwithstanding. Unless otherwise agre Parties. The Closing shall take place at a mutually convenient place and time. However, if a portion of the Purchase Price is to be derived from an institutional mortgagee, the requirements of said mon shall be closed (the \"Closing\") and the deed and other closing papers delivered on the ______ day of ______ 20 __, unless extended by other provisions of Agreement, or by written agreement of the Property shall be prorated between the parties as of the Closing. Buyer will pay any special assessments that become a lien on the Property after the Closing.\n\nCLOSING AND POSSESSION This transactiwise, all prorations shall be final.\n\nSPECIAL ASSESSMENTS Any special assessments for the year in which the sale of the Property is closed (exclusive of rebates and penalties) that are a lien on thees and, if necessary, to refund or pay, as the case may be, an amount necessary to effect such adjustments. This provision shall survive the Closing. OR [_____ / _____ ] Unless the Parties agree otherUSTMENTS (select and initial one) [_____ / _____ ] Subsequent to the Closing, when the tax rate is fixed for the year in which the closing occurs, Seller and Buyer agree to adjust the proration of tax_______ Buyer _________________\n\nAgreement to prorations as of the Closing will be deemed \"date of occupancy\" if occupancy occurs prior to the Closing, unless otherwise provided for herein.\n\nADJassumable, in which event premiums shall be prorated. The cash at the Closing shall be increased or decreased as may be required by said prorations. All references in the 9\nInitials Seller __________reasonable estimation of the current year\'s taxes based on the information available on the Closing. Buyer shall have the option of taking over any existing policies of insurance on the Property, if rorated. The Parties also agree that if the Property has been reappraised or reclassified within the preceding year and the actual taxes based on the new value are not available, they will agree to a sessed value upon which the prior year\'s taxes were based, taxes will be estimated based on the preceding year\'s levy at the more current assessed value, if ascertainable, and the estimated amount p of taxes shall be upon the basis of the tax rate of the preceding year applied to the latest assessed valuation. However, if the Property was materially improved following the determination of the as360-day-year basis) and thereafter shall be the responsibility of Buyer, subject to applicable law. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionmentD OTHER PRORATIONS Taxes, assessments, rent, interest, insurance and other expenses and revenue of the Property shall be prorated as to the date of Closing for the year of Closing (on a 30-day-month, this Agreement. Personal property shall, at the request of Buyer, be conveyed by an absolute bill of sale with warranty of title, subject to such liens as may be otherwise provided for herein. TAX AN reasonably necessary to complete the Closing. The warranty deed shall convey to Buyer a marketable fee simple title to the Property free and clear of all liens and encumbrances, except as provided in respect to the Property.\n\nDELIVERY OF DEED On or before the Closing, Seller shall execute, transfer and deliver marketable title to the property to Buyer by a warranty deed and take all other stepsevent Buyer fails to purchase the Property for any reason other than Seller\'s default, all such information shall be returned to Seller together with any information that Buyer may have compiled witht\'s renderings and economic and financial studies which Seller has, if any, relating to the Property, and all such information may be used by Buyer in such manner as it desires; provided that in the efects had been found without reduction in the Purchase Price.\n\nENGINEERING PLANS AND STUDIES Upon the execution hereof, Seller shall furnish to Buyer all engineering plans, drawings, surveys, artisd of time, then the deposit this day paid shall be returned to Buyer and all rights and liabilities arising hereunder shall terminate, or Buyer may close this transaction in the same manner as if no dll have the same time to remove such encroachments as is allowed under this Agreement for the curing of defects of title. If the Seller shall fail to remove or cure said encroachments within the perios on the Property herein described, or that the improvements located on the Property herein described encroach on other lands, written notice of that effect shall be given to the Seller and Seller sha Closing.\n\nPROFESSIONAL SURVEY A survey shall shall not be made of the Property prior to the Closing. 8\nInitials Seller _________________ Buyer _________________\n\nIf the survey shows encroachmentcontractors, suppliers and material men and further reciting that, in fact, all bills for work to the Property which could serve as a basis for a mechanic\'s lien have been paid or will be paid at thell mechanic\'s liens, executed by general contractors, subcontractors, suppliers, and material men, in addition to Seller\'s lien affidavit setting forth the names of all such general contractors, suben no improvements to the Property for one hundred twenty (120) days immediately prior to the Closing. If the Property has been improved within said time, Seller shall deliver releases or waivers of avit attesting to the absence of any security interest in, or financing statement, claim, lien, or potential lien known to Seller with respect to, the Property, and further attesting that there have beshall use reasonable diligence to obtain approval. The amount of any escrow deposits held by mortgagee shall be credited to Seller.\n\nLIEN AFFIDAVIT Seller shall furnish to Buyer at Closing an affidatgagee requires an increase in the interest rate or charges a fee for any reason in excess of $________, the Buyer may rescind the Agreement unless Seller elects to pay such increase or excess. Buyer or for assumption by the Buyer of said mortgage, and: a) the mortgagee does not approve the Buyer, the Buyer may rescind the Agreement (and any Earnest Money will be returned to Buyer), or b) the morting forth principal balance, method of payment, interest rate and whether the mortgage(s) is in good standing. If a mortgage requires approval of the Buyer by the mortgagee in order to avoid default,'s title policy will include mechanic\'s lien coverage.\n\nEXISTING MORTGAGES Seller shall furnish to Buyer within twenty (20) days from execution hereof a statement from all mortgagee(s) (if any) setes to cooperate with, and comply with the requirements of, the Title Company for issuance of this coverage. Unless otherwise agreed or if not available for reasons other than any act of Seller, Buyer\he date of recording of the deed or other instrument of conveyance against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. Seller agrebject only to exceptions for any liens, encumbrances or other matters created or brought about by Buyer and exceptions permitted according to this Agreement. The policy shall also insure Buyer as of tuyer _________________\n\nSeller Buyer shall pay for an owner\'s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in Buyer from and after the Closing, sus, or (iii) rescind this Agreement, whereupon the deposit described herein shall be returned to Buyer and this Agreement shall be of no further force and effect. 7\nInitials Seller _________________ By said objections, (ii) accept title subject to the objections raised by Buyer, without an adjustment in the Purchase Price, in which event said objections shall be deemed to be waived for all purposer does not remedy any title defects before the Closing (or reasonably later date if extended by Buyer in Buyer\'s discretion), Buyer may, at its option: (i) extend the time period for Seller to satisfe unacceptable. Seller shall, at its sole cost and expense promptly undertake and use its best efforts to eliminate or modify all unacceptable matters to the reasonable satisfaction of Buyer. If Selleh Title Commitment and survey is not satisfactory in Buyer\'s sole discretion. In the event that the condition of title is not acceptable, Buyer shall state which exceptions to the Title Commitment arble, but at least fifteen (15) days before the Closing. Buyer shall give Seller written notice within ten (10) days after receipt of the Title Commitment, if the condition of title as set forth in sucCommitment. The Title Commitment shall commit to insure a marketable fee simple title in the Buyer upon the recording of the deed. This Title Commitment shall be delivered to Buyer as soon as practica"Title Company\") to issue and deliver to Buyer a title commitment (\"Title Commitment\") accompanied by one copy of all documents affecting the Property, and which constitute exceptions to the Title ____________. The charge for the warranty plan will be paid at Closing.\n\nTITLE Seller, at Seller\'s sole cost and expense, shall cause a title insurance company mutually acceptable to the Parties (\ranty plan will be a limited service contract covering repair or replacement of the working components of the Property for one (1) year from the Closing. The warranty plan cost shall not exceed $_____hereunder.\n\nWARRANTY PLAN Seller Buyer agrees to pay for a homebuyer\'s warranty plan from a reputable warranty plan provider, subject to a per claim deductible not to exceed $____________. This warsuch loss or damage or an assignment of the right to Seller\'s insurance proceeds for the loss or damage, or (b) Buyer may cancel the Agreement and receive return of any Earnest Money deposit(s) made on of the improvements so damaged, Buyer shall have the option of either (a) taking the Property as is, together with either a credit for the said ____% or any insurance proceeds payable by virtue of and the Closing shall proceed pursuant to the terms of this Agreement with costs therefore escrowed at the Closing. In the event the cost of repair or restoration exceeds ____% of the assessed valuaticasualty prior to the Closing, and the costs of restoring same does not exceed ____% of the assessed valuation of the improvements so damaged, cost of restoration shall be an obligation of the Seller casualty (including those causes that could be covered by what is commonly referred to as fire and extended coverage insurance) is assumed by Seller. If the improvements are damaged by fire or other 6\n\nInitials Seller _________________ Buyer _________________\n\nUntil the purchase is closed and the warranty deed delivered to Buyer, the risk of loss by fire, windstorm, earthquake, flood or otherhe Closing. Buyer will pay for the charges incurred after the Closing.\n\nCASUALTY LOSS Seller agrees to keep the improvements on the Property fully insured until delivery of Seller\'s deed to Buyer. S Seller will pay any other charges made against the property by any government authority for installation or extension of water, sanitary or sewer service, if such charges have been incurred before tsed paint.\n\nUTILITIES Seller will on, Buyer will not leave all utilities on until the date of possession. If the utilities are left Seller will pay the utility bills until Closing.\n\nUTILITY CHARGEnd made a part hereof. OR [ _______ / _______ ] Seller represents that the house that is a part of the Property was built after 1978 and so Seller makes no statement about the existence of any lead-bahall be refunded to Buyer.\n\nLEAD PAINT DISCLOSURE (initial the one that applies) [ _______ / _______ ] Buyer and Seller have signed a separate Lead Paint Disclosure Form attached to this Agreement aeeds four picocuries per liter (4pCi/L) and Seller refuses to pay for the cost of installing Radon reduction equipment acceptable to Buyer, then Buyer may cancel this Agreement and the Earnest Money sn (15) days prior to closing. The report shall be made by a reputable inspector, complying with federal law and the law of the jurisdiction where the Property is located. If the level of Radon gas exc officer. (Initial if this applies) [ ________ / _________ ] Seller shall arrange and pay for a report concerning the level of Radon gas in the Property and provide the report to Buyer at least fifteetate guidelines may have been found in buildings in the state where the Property is located. Additional information about Radon and Radon testing may be obtained from the state or county public healthcurring radioactive gas that, when it accumulates in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and suyer shall receive a credit at the Closing of an amount equal to _____% of said Purchase Price.\n\nRADON TESTING 5\n\nInitials Seller _________________ Buyer _________________\n\nRadon is a natural ocafter receipt of contractor\'s repair estimate by giving written notice to Seller and the Earnest Money shall be refunded to Buyer, or Buyer may elect to proceed with the transaction, in which event Balid costs for treatment and repair of all damage up to _____% of the Purchase Price. Should such costs exceed that amount, Buyer shall have the option of canceling the Agreement within five (5) days actory condition (other than active pest infestation) signed by Buyer and supported by the written opinion of qualified inspector(s) is given to Seller as set forth in this section, Seller shall pay vd Buyer agrees to accept that certificate. If Buyer is obtaining financing, inspection, treatment and repairs will be done within thirty (30) days before the Closing. If written notice of any unsatisfpay to have the Property treated for control of the infestation by a reputable, licensed pest control firm selected by Seller. Seller will provide Buyer with a certificate evidencing such treatment aninspection. A copy of a pest inspector\'s written report (if any) shall be provided by Buyer to Seller. In the event that an inspection reveals that there is active pest infestation, Seller agrees to t Seller\'s cost with funds therefore escrowed at the Closing. Seller agrees to provide access for inspection upon reasonable notice. Buyer shall pay for any damage to the Property resulting from any ts failures within said period, Buyer shall be deemed to have waived any warranty that Seller may have given in this Agreement as to failures not reported. Valid reported failures shall be corrected atten report(s) by the inspector(s) of any items found not to be in working condition prior to taking of possession thereof, or six (6) days prior to the Closing, whichever is first. Unless Buyer reporhysical matters which may affect the value of the Property by licensed persons dealing in the repair and maintenance thereof. Buyer shall give written notice to Seller, together with a copy of the wri systems, central heating, ventilation and air conditioning, foundation, basement, crawlspace, roof, attic, structural components, environmental hazards, and pest infestation or damage and all other pEST AND OTHER INSPECTIONS Buyer may, at Buyer\'s expense, have inspections made of the Property. This may include, but not be limited to, inspections of appliances, plumbing, electrical and mechanicalh the date of possession, ordinary wear and tear excepted. In the event of any material change in the condition of the Property before the Closing, Seller shall promptly notify Buyer.\n\nMECHANICAL, P_____________ ___________________________________________________________________________ Seller shall maintain the Property (including any lawn, shrubbery and/or pool) in its present condition througor to closing,), except for the following: __________________ ___________________________________________________________________________ ______________________________________________________________that all 4\nInitials Seller _________________ Buyer _________________\n\nmajor appliances, heating, cooling, electrical, plumbing systems, and machinery are in working condition as of six (6) days prihas made at least a casual inspection of the Property. To the best of Seller\'s knowledge, there are no physical problems with the property that would not be apparent upon inspection. Seller warrants ll be the date when the last one of the Seller and Buyer has signed this offer.\n\nPHYSICAL CONDITION OF PROPERTY AND EQUIPMENT Buyer acknowledges that Buyer or Buyer\'s Agent(s) or Representative(s) hereto on or before __________, the Earnest Money shall be, at the option of the Buyer, returned to him and this offer shall thereafter be null and void. The date of Agreement (\"Effective Date\") shaSeller will return the deposit to Buyer or authorize the escrow agent or Earnest Money Holder, to do so.\n\nTIME FOR ACCEPTANCE AND EFFECTIVE DATE If this offer is not executed by both of the parties the required date, this Agreement becomes voidable. After the required date and until the contingency is removed, either party may cancel this Agreement by written notice to the other. In that case, ii.) Buyer is financially able to complete the purchase of the Property without selling Buyer\'s property.\n\nREMOVAL OF CONTINGENCIES If any contingency in this Agreement is not removed in writing bytered into a bona fide contract for sale of Buyer\'s property and Buyer\'s financing for the purchase of the Property is approved by Buyer\'s lender subject only to the sale of Buyer\'s property; or (erty and any financing contingency of this Agreement (as applicable). Buyer shall not exercise the option to continue this Agreement and complete the purchase of the Property unless: (i.) Buyer has enyer must pay to Seller a non-refundable fee of $______________ (to be applied to the Purchase Price at Closing) and agree in writing to remove both the contingency respecting the sale of Buyer\'s propotify Buyer. Buyer shall have _____________________ days from receipt of Seller\'s written notice about the other offer to exercise the option of continuing this Agreement. To exercise this option, Bu____ on or before ______________________. Seller may continue to offer the Property for sale. If Seller accepts another bona fide offer before the sale and closing of Buyer\'s property, Seller shall nhe property for ___________________. [ _______ / _______ ] The sale and closing of Buyer\'s property located at _______________ ________________________________________________________________________gency is to be removed within _____ days after the title insurance commitment is received by Buyer. [ _______ / _______ ] Buyer obtaining and acquiring all the necessary approvals and permits to use tng in findings satisfactory to Buyer. This contingency is to be removed by ___________________________. [ _______ / _______ ] Approval of the title insurance commitment by Buyer\'s lawyer. This continency is to be removed by __________________________. 3\n\nInitials Seller _________________ Buyer _________________\n\n[ _______ / _______ ] A stake survey or survey report at Buyer\'s expense resulti_______________. [ _______ / _______ ] A review of public and private building and use requirements affecting the property at Buyer\'s expense resulting in findings satisfactory to Buyer. This contingved by ___________________. [ _______ / _______ ] An environmental inspection of the property at Buyer\'s expense resulting in findings satisfactory to Buyer. This contingency is to be removed by ____s to be removed by ___________________. [ _______ / _______ ] An architect\'s inspection of the property at Buyer\'s expense resulting in a report satisfactory to Buyer. This contingency is to be remo of the following items (initial those that apply): [ _______ / _______ ] A contractor\'s inspection of the property at Buyer\'s expense resulting in a report satisfactory to Buyer. This contingency iid time, Buyer may cancel the Agreement. This financing contingency is to be removed by ____________________.\n\nADDITIONAL CONTINGENCIES This Agreement is also contingent upon satisfactory completionl amount of $______________. Buyer agrees to make application for, and to use reasonable diligence to obtain said loan. Should Buyer fail to obtain same or to waive Buyer\'s rights hereunder within saoned upon the Buyer obtaining a firm commitment for said loan within _______ days from the date hereof, at an interest rate not to exceed _______ percent (____%); of _______ years; and in the principaent to disbursement of the Earnest Money as provided in such notice.\n\nSALE CONTINGENCIES If the Purchase Price or any part thereof is to be financed by a third party loan, this Agreement, is conditiemand for return or forfeiture of the Earnest Money within ___________ days of receipt of written notice of cancellation of this Agreement (as the case may be), then such failure shall constitute consnd in writing within ________ days of receipt of a written notice of pending disbursement sent by certified or registered mail from the third party Earnest Money holder, if any, or (ii) make written dhe order of the court. Buyer and Seller agree that, if there is neither a dispute regarding disbursement of the Earnest Money nor a written consent to distribution and either party fails to: (i) respor funds, the third party holder may commence an interpleader or similar action and is authorized to pay the funds to the clerk of the court where the Property is located for disposition according to t without the written consent of Buyer and Seller, unless permitted to do so by applicable law. If Buyer and Seller are unable to agree in writing upon the disbursement of the Earnest Money or any othee refund or forfeiture of the Earnest Money, any third party holding the Earnest Money (or any other amount paid pursuant to this Agreement before Closing) will be directed not to disburse those fundssing or returned to Buyer in the event the transaction does not close. 2\n\nInitials Seller _________________ Buyer _________________\n\nNotwithstanding other provisions in this Agreement regarding thnless, the Earnest Money is somehow forfeited by Buyer pursuant to any terms of this, any accrued interest shall be accrued for the benefit of Buyer and either applied toward the purchase price at clo______________\n\nEARNEST MONEY AND OTHER DEPOSITS If the holder of the Earnest Money is someone other than Seller, that holder shall be instructed to deposit the funds in an insured escrow account. U before the \"Closing\" (defined below) in cash or by cashier\'s check subject to adjustments and prorations.\n\nTOTAL (Earnest Money + amount financed + loan assumption + cash balance at Closing) $__urchase with alternate financing. In the event of cancellation by Buyer, any Earnest Money shall be returned to Buyer. 4. [ _________ / __________ ] Buyer will pay the balance of $______________ on orBuyer may, at Buyer\'s option by notice to Seller, within ten (10) days following the lender\'s response to request for assumption by Buyer, cancel this Agreement, or Buyer may elect to complete the ped, this Agreement is contingent upon obtaining such consent without change in the terms of the Mortgage Loan and without any fee. If any required consent cannot be obtained as set forth herein, then he county where the Property is located (the \"Mortgage Loan\"). Buyer agrees to pay the Mortgage Loan according to its terms. If the lender\'s consent to the assumption of the Mortgage Loan is requirrest at _______% per annum and payable as to principal and interest $__________ per month, having an approximate present principal balance of $______________________, now of record in the offices of t the Purchase Price, the balance owing upon a certain promissory note secured by a first mortgage or deed of trust on the Property in favor of ____________________________________________ bearing inteer (not including financed mortgage insurance premiums, or closing costs, if any) is $____________ (\"Finance Amount\"). 3. [ _________ / __________ ]Buyer also assumes and agrees to pay, as a part of________________ (\"Earnest Money Holder\") upon signing this Agreement. This deposit is to be credited against the Purchase Price. 2. [ _________ / __________ ] The total amount to be financed by Buye Price\").\n\nPAYMENT (initial and complete applicable provisions) 1. [ _________ / __________ ] Buyer shall pay an earnest money deposit (\"Earnest Money\") in the amount of $______________ to __________________________________________ ___________________________________________________ (\"Excluded Items\")\n\nPURCHASE PRICE The Purchase Price for the Property is: $___________________ (\"Purchas to Buyer as a part of the Property: __________________________________________________________________ __________________________________________________________________ _______________________________________________________ ________________________________________________________ (\"Included Items\"). The following items are specifically excluded from this Agreement and shall not be transferrede screens and/or glass doors; attic and ceiling fans; built-in kitchen appliances; and: __________________________________________________________________ _____________________________________________orm windows and doors; screens; curtain and drapery rods; awnings; automated garage door openers and remote control units; keys; attached humidifiers; attached outside cooking units; attached fireplacixtures; sump pumps; attached TV antennas and cables; lighting and light fixtures; plumbing equipment and fixtures; attached mirrors; linoleum; wall-to-wall carpet; window and porch shades; blinds; st are owned by Seller free and clear of all liens and encumbrances, including: gas heaters; propane tanks (including propane if owned); central heating, ventilation and air conditioning equipment and feys and rights-of-way. The sale of the Property shall also include the following fixtures and personal property associated with the Property (unless specifically excluded below), all of which (if any)perty is given in Attachment 1. The sale of the Property shall include all buildings and improvements on the Property and all right, title and interest of Seller in and to adjacent streets, roads, all_________________________________ __________________________________________________________________ __________________________________________________________________ The legal description of the Pro___________________________________________ _______________________________________________ (Common Description). The legal description of the Property is as follows: _________________________________wing property and the improvements thereon (the \"Property\") commonly known as: ____________________________ __________________________________________________________________ ________________________, (\"Seller\"), and ________________________, (\"Buyer\") (Buyer and Seller may be collectively referred to as the \"Parties\").\n\nPROPERTY TO BE SOLD Seller shall sell and Buyer shall buy the follois negotiated with another party.\n\n2\n\nResidential Real Estate Sale Contract\nPARTIES This Residential Real Estate Sale Contract (the \"Agreement\") is made by and between _________________________with an attorney and a tax professional to make sure that all legal and tax consequences of this agreement are fully explained and understood. An attorney should also be consulted whenever a document tate. These forms should only be a starting point for you and should not be used or signed without consulting an attorney first to make sure it fits your particular situation. You should also consult have its own laws and regulations regarding lead paint. This information and these forms are not intended as and are not a substitute for legal advice. Laws vary from time to time and from state to s://www.hud.gov/offices/lead/outreach/leapame.pdf and. Additional information can also be found on the EPA site at: http://www.epa.gov. Please note that the state where the property is located may alsooning prevention. An Environmental Protection Agency\'s pamphlet entitled \"Protect Your Family From Lead In Your Home.\" can be found at: http://www.epa.gov/opptintr/lead/pyfcameraeng.pdf and at httpling pre-1978 housing, Sellers must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Buyers must also receive a federally approved pamphlet on lead poisy contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before selcontracts your local agents and lenders may be used to seeing, you may want to check with a local agent or lender if the use of another form will create a problem.\n\n1\n\nHousing built before 1978 maMost states with mandatory disclosure laws have created state approved forms that can be used to make the disclosure. Since this agreement may be a little different than the types of real estate sale e them part of the contract.. To find out if your state has any mandatory disclosure laws, you can check with a local real estate broker or attorney, or call your state\'s attorney general\'s office. In some of these states, a seller may still be required to make the disclosure, even if the property is sold \"as is\" If not required by law, a Buyer may still request the disclosures and try to maksclosures about the condition of the house and any known problems. Check with a real estate agent or attorney in your area to determine what additional disclosures, if any, are required in your state.he offer to designate a time and date by which the contract must be signed and returned before it expires. The law in some states requires a seller to make additional written disclosures, including dially, this type of contract is prepared by the buyer and presented as a formal offer. However, the seller may initiate the preparation of the contract as well. The agreement allows the person making t pest and other inspections, title matters and more. This agreement is for transactions that do not involve a Broker and where the Buyer is obtaining a new loan and/or assuming an existing loan. Generperty used to access the house (which is being sold) is owned by someone else). The agreement provides for the traditional terms between a seller and buyer, including financing contingencies, surveys,pecial kinds of property. This contract does not address water rights (which may be important for oceanfront or lakefront property) or easements and rights of \"ingress and egress\" (i.e. when the pro Sale Contract form can be used by a buyer and a seller of a free-standing residential home. Another type of form is required for the sale of condominiums, cooperative apartments, farmland and other sract\nWhenever any real estate property is sold, a written agreement should be used to document the transaction and to set forth the terms between the Seller and the Buyer. The Residential Real Estatet is negotiated with another party. The purchase and use of these forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com\n\n3\n\nInformation Residential Real Estate Sale Contlt with an attorney and a tax professional to make sure that all legal and tax consequences of this Contract are fully explained and understood. An attorney should also be consulted whenever a documenorms should only be a starting point for you and should not be used or signed without consulting an attorney first to make sure it fits your particular situation. The Buyer and the Seller should consu the disclosures and try to make them part of the contract.\n\n2\n\nThese forms are not intended and are not a substitute for legal advice. Laws vary from time to time and from state to state. These fed.. Check with a real estate agent or attorney in your area to determine what additional disclosures, if any, are required in your state or locality. If not required by law, a Buyer may still requestition of the house, the neighborhood, environmental disclosures and any other known problems. Some cities and other municipalities may also have specific disclosure requirements that need to be includcontain the basic terms and language that should be included in similar agreements. The law in some states require a seller to make additional written disclosures, including disclosures about the condmum of three years as proof of compliance with the rules. A copy of the \"Disclosure Of Information On Lead-Based Paint and/or Lead-Based Paint Hazards\" form is included in this package. These forms ad-Based Paint and/or Lead-Based Paint Hazards\". Federal law requires Seller to keep the signed copy of the \"Disclosure Of Information On LeadBased Paint and/or Lead-Based Paint Hazards\" for a mini, title matters etc.) If the property is built before 1978 property (i.e. pre-1978 property), federal law requires that Sellers and Buyers (and their Agents) sign the \"Disclosure Of Information On Leth the original signatures of all parties. The parties to the contract must be aware of the various deadlines contained in the contract, relating to various acts (i.e. obtaining financing, inspectionsontract is signed by both parties, it creates a binding obligation to purchase the property. Each party should sign two copies of the final draft of the contract. Each party should receive one copy wisigned contract constitutes a formal offer. The contract allows the person making the offer to designate a time and date by which the contract must be signed and returned before it expires. Once the c Lead-Based Paint Hazards. This agreement is for transactions that do not involve a Broker and where the Buyer is obtaining a new loan and/or assuming an existing loan. When signed by one party, this ract; (2) Information about Residential Real Estate Sale Contract; (3) Residential Real Estate Sale Contract (including Earnest Money Receipt); (4) Disclosure Of Information On Lead-Based Paint and/orResidential Real Estate Sale Contract\n\n1\n\nInstructions & Checklist Residential Real Estate Sale Contract\nThis package contains (1) Instructions and Checklist for Residential Real Estate Sale Cont