HomeMy WebLinkAbout03- Montana Alpha Building Association of SAE; SAE Story Mansion - Buy-Sell Agreement
ID. BUY - SELL AGREEMENT tS:r
(Including Earnest Money Receipt) --
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1 This Agreement stipulates the terms of sale of this property. Read carefully before signing. This Is a legally
2 binding contract If not understood, seek competent advice.
3 BOZEMAN Montana, (date) ADd1. 11. 2003 .
4 'ftIB CITY OF BQ9!1l!UQ. BY CLaBK .1OID1SON crrr )APlIl13!1l ,
5 as 0 joint tenants with rights of a survivorship, 0 tenants in common, 0 single in hislher own right,
6 0 Other (hereinafter called "Buye"") agrees to purchase, and the
7 Seller agrees to sell the following described real property (hereinafter referred to as "Property") commonly known
8 as 811 SOOTH WILSON AVE.
9
10 in the City of BOZEMAN , County of GALLAT:IN ,
11 Montana, legally described as: LO'.rS 1-26 PLUS ABANDONI.D llT.T.1!Y 01' BLOCK 3 01' BtJ'1"'R ADDl:TION
12
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14 TOGETHER with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other
15 appurtenances thereto, and all improvements thereon. All pennanently installed fixtures and fittings that are attached
16 to the Property are included in the purchase price, such 'S elecbical, plumbing and heating fixtures, wood stoves,
17 built-in appliances, screens, stann doors, stann windows, 'curtain rods and hardware, attached floor coverings, T.V.
18 antennas, air cooler or conditioner, garage door openers and controls, attached fireplace equipment, mailbox, and
19 trees and shrubs attached to the Property and attached buildings or structures except:
20 TO BE DETERMINED BY SELLER WZTHIN 14 :BUSINBSS DAYS OF ACCIPT.ANCB
21 OF THIS OFFER.
22 PERSONAL PROPERTY: The following items of personal property, free of liens and without warranty of condition,
23 are included: TO BE DBTZRMINBD BY SBT.T.RRA WITBIR 14 BOSIDSS DAYS OF ACCEP'.l'DCB 01' TBl:S 01' TBl:S
24 O!'I!'BR.
25
26
21 PURCHASE PRICE AND TERMS:
28 Total purchase price is ODe Million ~ ~ lU.!lhty 'J!houean4 U.S. Dollars
29 ($ 1.280.000.00 ) payable as follows:
30$ 1.0.000.00 earnest money to be applied at closing.
31 $ 1..270.000.00 as additional cash payment, payable on gr klMre closing.
32 $ balance of the purchase price will be financed as follows:,
33 o Conventional o MBOH o Seller Financing
34 o FHA o USDA-RD o Assumption of Existing Loans
35 OVA o Other Institutional Financing
36 CASH TO SBLLBRS AT CLOSING.
37
38
39
40 This Agreement is contingent upon Buyer obtaining the financing specified herein. If financing cannot be obtained
41 within the time set forth in the TIME FOR COMPLETION section, this Agreement is tenninated and the earnest
42 money will be refunded to the Buyer.
43 CLOSING DATE: The date of closing shall be (date) Mav 30. 2003 . The
44 parties may, by mutual agreement, close the transaction anticipated by this Agreement at any time prior to the date
45 specified. The Buyer and Seller will deposit with the closing agent all instruments and monies necessary to complete
46 the purchase in accordance with this Agreement.
47 POSSESSION: Seller shall deliver to 'Buyer possession of the property and allow occupancy:
48 0 when all required documents have been signed by all parties and delivered to closing &gent, OR
49 iii on the date of recording the deed or notice of purchase(s interest, OR
500
51 Property shall be vacant unless otherwise agreed in writing. Seller shall provide keys and/or means to operate locks,
52 mailboxes, security systems, alanns, garage door opener(s), and Horneowne(s Association facilities, If applicable.
\ i.-- CMQNTANA ASSOCIATION OF REAL TORSl!l ~1~7~~
.::;- - I 7 PO BuyISeH 0600200O
, Buyer's Initials
Bridger Realty 2001 Stadium Drive, Suite, Bo7.c::man Mf 59715 Seller's Initials
Phonc:::4065867676 Fax: 4065867591 Bridger T6902800.ZFX
Produced wih ZlpFonn 111 bV RE FarmaNel, LLC 18025 ......... Mile R-t Cli1Ia'o TOWIlIhip, MichIgan <48035. (800) 3$3.9llO6
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53 RECEIPT OF EARNEST MONEY: The undersigned Broker or Salesperson hereby acknowledges receipt from Buyer
54 of earnest money in the amount of Ten Thousand
55 U.S. Dollars ($ 10.000.00 ) as evidenced by 0 cash IX! check. 0 or
56
57 All parties to this transaction agree, unless otherwise provided herein, that the earnest monies will be deposited
58 pursuant to Montana Law OR within ( 3 ) business days of the date all parties have signed the Agreement or
59
60 and such funds will be held in a trust account by BRIDGBR REALTY
61 Parties agree that interest accruing on earnest money, if any, while deposited shall be payable to:
62DBPOSITORY ACCOUNT
63 If interest is payable to the Broker it is agreed that sums so paid are consideration for services rendered.
64 BRIDGER REALTY (406) 586-7676 by
65 (Selling Real Estate Firm/ Phone Number) (Signature of Salesperson) 1ll.lW: .JOIDIlIOII
66 FINANCING CONDITIONS AND OBLIGATIONS:
67 BUYER'S REPRESENTATION OF FUNDS: Buyer represents that they have sufficient funds for the down
68 payment and closing costs to close this sale in accordance with this Agreement and are not relying upon any
69 contingent source of such funds unless otherwise expressly set forth herein.
70 TIME FOR COMPLETION: If third party financing of the type specified herein is required by the tenns of this
71 Agreement (Includes assumptions, contracts for deed, and lender financing), the closing shall occur on the
72 date specified or as soon thereafter as financing is completE;Ki, but no later than NA days after
73 the stated closing date.
74 LOAN APPLICATION: If Buyer fails to make written application for financing and pay to the lender any
75 required fees, apply for assumption of an existing loan or contract, or initiate any action required for
76 completion of a contract for deed by 5:00 P.M. (Mountain Time) (date) NA
77 Buyer will be in breach of this Agreement and Seller can exercise Seller's remedies under this Agreement.
78 DISCOUNT POINTS: If a Buyer obtains financing from a lender requiring discount points, Seller agrees to
79 pay discount points up to a maximum of percent ( NA %) of the Buyer's loan. Seller's
80 obligation will not exceed $ . Any funds paid by Seller as set forth above shall not be used
81 for the origination fee, closing costs, reserves, or any other costs. Buyer shall pay all other discount points.
82 V.A. BUYERS: It is expressly agreed that, notwithstanding any other provisions of this contract, the Buyer
83 shall not incur any penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase
84 of the Property if the contract purchase price or cost exceeds the reasonable value of the Property established
85 by the Veteran's Administration. The Buyer shall, however, have the privilege and option of proceeding with
86 the consummation of this Agreement without regard to the amount of the reasonable value established by
87 the Veteran's Administration.
88 F.H.A. BUYERS: In the event funds for the transaction anticipated by this Agreement are to be derived from
89 an F.H.A. insured loan, it is expressly agreed that, notwithstanding any other provisions of this Agreement,
90 the Buyer shall not be obligated to complete the purchase of the property described herein or to incur any
91 penalty by forfeiture of earnest money deposits or otherwise, unless the Buyer has received a written
92 statement issued by the Federal Housing Commissioner, Veteran's Administration, or a Direct Endorsement
93 lender setting forth the appraised value of the Property for mortgage insurance purposes of not less than the
94 amount set forth in the APPRAISAL PROVISION section, which amount is incorporated herein by reference.
95 The Buyer shall have the privilege and option of proceeding with the consummation of this Agreement without
96 regard to the amount of the appraised valuation made by the Federal Housing Commissioner. The appraised
97 valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban
98 Development (HUD) will insure. HUD does not warrant the value nor the condition of the Property. The Buyer
99 should satisfy himself/herself that the price and condition of the Property are acceptable.
100 APPRAISAL PROVISION: Property must appraise for at least ($NA )
101 If the property does not appraise for at least the specified amount, this Agreement is terminated and earnest money
102 refunded to the Buyer unless the Buyer elects to proceed with closing this Agreement without regard to appraised
103 value. Written notice of Buyer's election to proceed shall be given to Seller or Seller's Broker/Salesperson within
104 _ days of Buyer or Buyer's Broker/Salesperson receiving notice of appraised value.
105 SMOKE DETECTOR(S): Property has # UNKNOWN Smoke Detector(s).
106 MOBILE HOME(S): If a MOBILE HOME is included in the sale of this Property: Title will be conveyed at time
107 of closing. Year Make/Model
108 Serial Number Title Number pa...m~h
I ~,~\
Seller's Initials
I Produced with ZipForm.... by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383-9605 T64Ot> I 22ZFX
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109 WATER: Description of water, if any, to be transferred at closing: HA. - CITY WATER
110
111 Filing or transfer fees will be paid byD Seller, 0 Buyer, 0 split equally between Buyer and Seller.
112 Documents for transfer will be prepared by
113 PROPERTIES INSPEcnONS: The Buyer is aware that any Brokerage Firm(s) and Salespersons involved in the
114 transaction anticipated by this Agreement have not conducted an expert inspection or analysis of the Property or its
115 condition and make no representations to the Buyer as to its condition, do not assure that the house and/or buildings
116 will be satisfactory to the Buyer in all respects, that all equipment will operate properly or that the Property and/or
117 improvements comply with current building and zoning codes and ARE NOT building inspectors, building contractors,
11 B structural engineers, electricians, plumbers, sanitarians, septic or cesspool experts, well drillers or well experts, land
119 surveyors, civil engineers, flood plain or water drainage experts, roofing contractors or roofing experts, accountants,
120 attorneys, or title examiners, or experts in identifying. hazardous waste and/or toxic materials.
i 121 INSPECnON CONTINGENCY:
! 122 0 This Agreement is contingent upon Buyer's acceptance of the Property conditions identified through any
123 inspections or advice requested below. Buyer agrees to acquire, at Buyer's own expense, independent
124 inspections or advice from qualified inspectors or advisors of the Buyer's choice. Buyer agrees that any
125 investigations or inspections undertaken by Buyer or on his/her behalf shall not damage or destroy the property,
126 without the prior written consent of Seller. Further, Buyer agrees to return the property to its original condition and to
127 indemnify Seller from any damage or destruction to the property caused by the Buyer's investigations or
128 inspections, if Buyer does not purchase the property.
129 0 Home Inspection 0 Zoning Determination
130 0 Seller's Property Disclosure 0 Review and Approval of Protective Covenants
131 0 Roof Inspection. 0 Easements
132 0 Structural/Foundation Inspection* 0 Flood Plain Determination
133 0 Electricallnspection* 0 Water Sample Test
134 0 Plumbing Inspection* 0 Septic or Cesspool Inspection
135 0 Heating, ventilation, cooling system - Inspection 0 Mineral Rights Search
136 0 Wood Stove/Fireplace Inspection* 0 Radon
137 0 Pest/Rodent Inspection 0 Asbestos
138 0 Well Inspection for condition of Well and Quantity of Water 0 Wild Fire Risk
139 0 Accounting Advice 0 Legal Advice
140 0 Survey Required or Corner Pins 0 Toxic WastelHazardous Material
141 0 Located 0 Reset 0 Underground Storage Tanks
142 0 Access to Property 0 Sanitary Approval
143 0 Verification of # of code compliant bedrooms 0 Mold'
144 0 Other
145 *Generally covered by a home inspection along with other items too numerous to list.
146 Unless Buyer delivers written notice of Buyer's disapproval of the Property conditions on or before (date) ,
147 this contingency shall be of no further force or effect. If Buyer disapproves of the property condition, Buyer shall
148 deliver written notice to the Seller or the Seller's Broker/Salesperson on or before the date specified above,
149 together with a copy of the inspection or report upon which the disapproval is based. Buyer shall also state
150 whether Buyer elects to immediately terminate the Agreement or negotiate a resolution of the conditions noted.
151 If Buyer elects to negotiate a resolution of the conditions noted, the notice must contain all of Buyer's objections
152 and requested remedies. if the parties enter into a written agreement in satisfaction of the conditions noted, this
153 contingency shall be of no further force or effect. If the parties cannot come to written agreement in satisfaction of
154 the conditions noted or if the Buyer does not withdraw, in writing, his/her disapproval of the condition noted, on or
155 before (date) , the earnest money shall be returned to the Buyer, and the agreement then
156 terminated.
157
158 WAIVER OF INSPECnON: iii I DO NOT REQUEST ANY INSPECTION OR ADVICE. My waiver of any
159 inspection or advice is not based upon any assurances by a Salesperson and/or the Seller as to the condition of
160 the Property or that if I were to request such inspections or advice, it would reduce the potential that my offer
161 would be pted. l.
162
163 -
164 (Buye(sSigna Signature) BY CLABJ< ~.. ......
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'I . Su s I~ Seller's In a1s
Produced with ZIpForm'" by RE FormsNel. LLC 18025 FIlIeen Mile Road, Clinton Township. Michigan 48035, (800) 3t\3.9605 T6406122.ZI'X
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166 CONTINGENCIES: The inspection contingency and the contingencies listed below in additional provisions or on
167 attached addenda shall be deemed to have been released, waived, or satisfied, and the Agreement shall continue to
167 closing, unless, by the date specified for each contingency, the party requesting that contingency has notified the other
169 party or the other party's Broker/Salesperson in writing that the contingency is not released, waived, or satisfied. If a
170 party has notified the other party prior to the release date that a contingency is not released, waived, or satisfied, this
171 Agreement is terminated, and the earnest money will be returned to the Buyer, unless the parties negotiate other terms
172 or provisions.
173 TITLE CONTINGENCY: This Agreement is contingent upon Buyer's receipt and approval (to Buyer's
174 satisfaction) of the preliminary title commitment. Release Date: 10 business days from
175 Buyer's or Buyer's representative's receipt of preliminary title commitment.
176 This Agreement is contingent upon
177
178
179 Release Date:
180 This Agreement is contingent upon
181
182
183 Release Date:
184
185 ADDITIONAL PROVISIONS: THIS AGREEMENT IS CONTINGENT UPON THE FINAL APPROVAL AND RATIFICATION
186 OF THIS OFFER BY THE BOZBMAN CITY COMMISSION. AND UPON BUYERS ACCEPTANCE OF TBB SELLZRS LISTS or
187 FIXTURES AND PERSONAL PROPERTY INCLUDED AND NOT INCLUDBD IN THE SALE.
188
189 DICK STErANI IS A BOARD MEMBBR or THE SBLLERS AND A MONTANA REAL ESTATE LICENSEE.
190
191
192
193
194
195 CONVEYANCE: The Seller shall convey the Property by WARRANTY deed, free of
196 all liens and encumbrances except those described in the preliminary title commitment, as approved by the Buyer.
197 The Seller shall convey the personal property by bill of sale.
198 TITLE INSURANCE: Seller, at Seller's expense, shall furnish Buyer with an ALTA Standard Coverage Owners Title
199 Insurance Policy (as evidenced by a standard form American Land Title Association title insurance commitment) in an
200 amount equal to the purchase price. Buyer may purchase additional owner's title insurance coverage in the form of
201 "Extended Coverage" or "Enhanced Coverage" for an additional cost to the buyer. It is recommended that buyer obtain
202 details from a title company.
203 CONDITION OF TITLE: All mortgages, judgements and liens shall be paid or satisfied by the Seller at or prior to
204 closing unless otherwise provided herein. Seller agrees that no additional encumbrances, restrictions, easements
205 or other adverse title conditions will be placed against the title to the Property subsequent to the effective date of
206 the preliminary title commitment approved by the Buyer.
207 SPECIAL IMPROVEMENT DISTRICTS: All Special Improvement Districts (including rural SIDs), including those
208 that have been noticed to Seller by City/County but not yet spread or currently assessed, will be:
209 IXI paid off by Seller at closing;
210 o assumed by Buyer at closing; OR
.211 0
212 all perpetual SIDs shall be assumed by Buyer.
213 PRORATION OF TAXES AND ASSESSMENTS: Seller and Buyer agree to prorate taxes, Special Improvement
214 District assessments for the current tax year, as well as prepaid rents, water and sewer system charges, heating
215 fuel and tank rental, irrigation assessments, Homeowner's Association. dues and/or common maintenance fees,
216 as of the date of closing unless otherwise agreed as set forth in the additional provisions.
217 CONDITION OF PROPERTY: Seller agrees that the Property shall be in the same condition, normal wear and
218 tear excepted, from the date of the execution of this Agreement up to the time Buyer takes possession of the
219 Property. Seller agrees to leave the Property in broom clean or better condition and allow Buyer a walk-through
220 inspection of said Property prior to closing to insure thaI all appurtenances and appliances ~
221 remain on the !perty. ~" /. .
4$... I \ Page 4 of 7
. Buyer's Initlars Seller's Initials
Produced with ZipForm'" by RE FormsNel. LLC 18025 FIlte<<I Mile Road. Clinton Township, Mk;higlon 48035. (800) 383-9805 T6406122.ZFX
222 NOXIOUS WEEDS DISCLOSURE: Buyers of property in the State of Montana should be aware that some
223 properties contain noxious weeds. The laws of the State of Montana require owners of property within this state to
224 control, and to the extent possible, eradicate noxious weeds. For Information concerning noxious weeds and your
225 obligations as an owner of property, contact either your local County extension agent or Weed Control Board.
226
227 MEGAN'S LAW DISCLOSURE: Pursuant to the provisions of Title 46, Chapter 23, Part 5 of the Montana Code
228 Annotated, certain individuals are required to register their address with the local law enforcement agencies as
229 part of Montana's Sexual and Violent Offender Registration Act. In some communities, law enforcement offices
230 will make the information concerning registered offenders available to the public. If you desire further information
231 please contact the local County Sheriff's office, the Montana Department of Justice, in Helena, Montana, and/or
232 the probation officers assigned to the area.
233
234 RADON DISCLOSURE STATEMENT: The following disclosure is given pursuant to the Montana Radon Control
235 Act, Montana Code Annotated Section 75-3-606. RADON GAS: RADON IS A NATURALLY OCCURRING
236 RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES,
237 MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON
238 THAT EXCEED FEDERAL GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN MONTANA. ADDITIONAL
239 INFORMATION REGARDING RADON AND RADON TESTING MAYBE OBTAINED FROM YOUR COUNTY OR
240 STATE PUBLIC HEALTH UNIT. If the Property has been tested for radon, the Seller will provide a copy of the test
241 results concurrent with an executed copy of this Agreement. If the property has received radon mitigation treatment, the
242 Seller will provide the evidence of the mitigation treatment concurrent with an executed copy of this Agreement.
243
244 BUYER'S REMEDIES:
245 (A) If the Seller fails to accept the offer contained in this Agreement within the time period provided in the
246 BUYER'S COMMITMENT section, all earnest monies shall be retumed to the Buyer.
247 (B) If the Seller accepts the offer contained in this Agreement, but refuses or neglects to consummate the
248 transaction anticipated by this Agreement within the time period provided in this Agreement, the Buyer may:
249 (1) Demand immediate repayment of all monies that Buyer has paid as earnest money, and upon the
250 return of such money, the rights and duties of Buyer and Seller under this Agreement shall be terminated;
251 OR (2) Demand that Seller specifically perform Seller's obligation under this Agreement;
252 OR (3) Demand monetary damages from Seller for Seller's failure to perform the terms of this Agreement.
253
254 SELLER'S REMEDIES:
255 If the Seller accepts the offer contained in this Agreement and Buyer fefuses or neglects to consummate the
256 transaction anticipated by this Agreement within the time period provided in this Agreement, the Seller may:
257 (1) Declare the earnest money paid by Buyer be forfeited;
258 OR (2) Demand that Buyer specifically perform Buyer's duties and obligations under this Agreement;
259 OR (3) Demand that Buyer pay monetary damages for Buyer's failure to perform the terms of this Agreement.
260
261 BUYER'S AND SELLER'S CERTIFICATION:. By entering into this Agreement, each person or persons executing
262 this Agreement, as Buyer or Seller, represents that he/she is eighteen (18) years of age or older, of sound mind,
263 and legally competent to own or transfer real property in the State of Montana; and, if acting on behalf of a
264 corporation, partnership, or other non-human entity, that he/she is duly authorized to enter into this Agreement on
265 behalf of such entity.
266
267 CONSENT TO DISCLOSE INFORMATION: Buyer and Seller hereby consent to the procurement and disclosure
268 by Buyer, Seller, and Salespersons and their attorneys, agent, and other parties having interests essential to this
269 Agreement, of any and all information reasonably necessary to consummate the transaction anticipated by this
270 Agreement. specifically including access to escrows for review of contracts, deeds, trust indentures, or similar
271 documents concerning this property or underlying obligations pertaining thereto.
272
273 RISK OF LOSS: All loss or damage to any of the above-described Property or personal property to any cause is
274 assumed by Seller through the time of closing unless otherwise specified.
275
276 TIME IS OF T1iE ESSENCE: lime is of the essence as to the lenns and provisions of this Agreement. ~
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Buyer's Initials Seller' Inl als
Produced with ZipFonn1M by RE FonnsNal, LLC lBQ25 Fifteen Mile Road, Cl/nIon Township. MIchlgan 48035, (BOO) 383-9805 T6406122.zFX
277 BINDING EFFECT AND NON-ASSIGNABILITY: The Agreement is binding upon the heirs, successors and
278 assigns of each of the parties hereto; however, Buyer's rights under this Agreement are not assignable without the
279 Seller's express written consent.
280
281 AnORNEY FEE: In any action brought by the Buyer or the Seller to enforce any of the terms of this Agreement,
282 the prevailing party in such action shall be entitled to such reasonable attorney fees as the court or arbitrator shall
283 determine just.
284
285 COMMISSION: The Seller's and/or Buyer's commitment to pay a commission in connection with the transaction
286 anticipated by this Agreement is an integral part of this Agreement.
287
288 FACSIMILE: The parties agree that a facsimile copy of this Agreement to Sell and Purchase which contains the
289 parties' signatures may be used as the original.
290
291 ENTIRE AGREEMENT: This Agreement, together with any attached exhibits and any addenda or amendments
292 signed by the parties, shall constitute the entire agreement between Seller and Buyer, and supersedes any other
293 written or oral agreements between Seller and Buyer. This Agreement can be modified only in writing, signed by
294 the Seller and Buyer.
295
296 COUNTERPARTS: A copy of this Agreement may be executed by each individual/entity separately, and when
297 each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete
298 Agreement between the parties.
299
300 EARNEST MONEY DISPUTES: Buyer and Seller agree that, in the event of any controversy regarding the
301 earnest money and things of value held by the Broker, closing agent, or any person or entity holding such money or
302 property, unless mutual written instructions are received by the holder of the earnest money and things of value,
303 Broker or closing agent shall not be required to take any action, but may await any proceedings, or, at Broker's or
304 closing agent's option and sole discretion, may interplead all parties and deposit any monies or things of value in a
305 Court of competent jurisdiction and may utilize as much of the earnest money deposit as may be necessary to
306 advance the cost and fees required for filing such action.
307
308 ALTERNATIVE DISPUTE RESOLUTION: At any time, the parties may agree to submit any dispute arising out of
309 this Agreement to mediation or arbitration. Parties, by agreement, shall specify mediation OR binding arbitration.
310 The cost of mediation/arbitration shall be paid equally by the parties.
311 ADDENDA AnACHED: (Check all that apply.)
312 o Lead Based Paint Disclosure o Sale of Buyer's Property
313 o Addendum for Additional Provisions 01031 Tax Deferred Exchange
314 o Back-up Offer o Multi-Family Disclosure
315 0
316 0
317
318 RELATIONSHIP CONFIRMATION: The parties to this Agreement confirm that the real estate licensees identified
319 hereafter have been involved in the capacities indicated" below and the parties have previously received the
320 required statutory disclosures setting forth the licensees duties and the limits of their obligations to each party:
321
322 DICE STEP~I of ED LANDMARlt REAL BSTATE
323 (name of licensee) (name of Brokerage company)
324 is acting as IXI Seller's AgenVSalesperson o Dual AgenVSalesperson o Statutory Broker.
325
326 SUE JOHNSON ofBRIDGBR REALTY
327 (name of licensee) (name of Brokerage company)
328 is acting as Iil Buyer's AgenVSalesperson o Dual AgenVSalesperson o Statutory Broker.
329 o Seller's AgenVSalesperson (including Seller's Sub-Agent or Salesperson)
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. Buyer's Initials Seller's' als
Produced wih ZipFOITl1'" by RE FormaNet, U.C 18025 FIIIeen MIle Road, Cli1ton Township, Michigan 48035, (BOO) 383-9805 T6406122.ZFX
330 BUYER"S ACKNOWLEDGMENT: Buyer acknowledges that prior verbal representations by the Seller or Seller's
331 representatives do not modify or affect this Agreement. Buyer acknowledges that by signing this Agreement
332 he/she has exaff'ined the subject real and personal Property; has entered into this Agreement in full reliance upon
333 hislher independent investigation and judgments; and has read and understood this entire Agreement
334
335
336 BUYER"S COMMITMENT: l/We agree to purchase the above-described Properly on the tenns and conditions set
337 forth in this Agreement and grant to said Salesperson until (date) ADri1 14. 2003 ,
338 at 5: 00 0 am iii pm (Mountain Time) to secure Seller's written acceptance. Buyer may
339 withdraw his/her offer at any time prior to Buyer's being notified of Seller's written acceptance. If Seller has not
340 accepted by the'time specified, the Buyer's offer is automatically withdrawn.
341
342
343 IIWE HEREBY ACKNOWLEDGE receipt of a copy of this Agreement bearing my/our signature(s).
344
345 Buyer's Address: .&11 us"!' lAIN STItD"!' City BODMAN ,
346
347 State Hl , Zip Code 59715 Phone Number (.c06) 582-2306
348
349 Buyer's Name Printed:"!'IIB crn 01' BODMAN . BY CLARK .JOIIRSOH crn ~f3!D
350
351 Dated this ,at o a.m. 0 p.m. (Mountain Time).
352
~-J- \ (Buyer's Signature)
355 (Buyer's Signature)
356
357
358 OFFER PRESENTAnON: This offer was presented to the Seller(s) on
359
360 'I /11,10 3 I(~o() ,
361 Date: Time ~a.m.D p.m. By:
362 (Signature of person
363
364
365 SELLER"S COMMITMENT: I/We agree to sell and convey to Buyer the above-described Property on the terms
366 and conditions herein above stated. l/We acknowledge a receipt of a copy of this Agreement bearing my/our
367 signature(s) and that of the Buyer(s) named above.
368 " 6:> -"~ t.? .#7.
369 Seller's Address: BO >. a..:n 11/ OYI City ,
370 ..
371 State Itllr ' Zip Code 5"'?' 7 { S- Phone Number
372
'! 373 Seller's Name Printed: 7!t-u ~~" 4'~'~ IJ 0- 4(f,:l~ ~ 5' ~ (
374 I
375 Dated this "'~('/ ~_. ) . at I /: otJ ~a.m.
376 f ' .
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379'(Se~re)
380
381 ACTION TAKEN, IF OTHER THAN ACCEPTANCE:
382
383 0 Rejected by Seller / / o Modified per Attached Counter / /
384 Seiler's Initials Date Seller's Initials Date
NOTE:
Any performance which is required to be completed on a Saturday, Sunday or a Holiday can be perfonned on the next business day.
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PrcOlced wIh ZIpFam'" bv RE FOIlIIIHIII. u.c 18025 FiftI!Ien Mile Ro8d, Chon TfIWIIIhIp. Mk:l1iglI14lll36, (800) 383--efJOS T6902IOO.zFX
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~...... ERA Landmark Real Estate
...
ERX Alvvays There For" You'"
RIAL 1"All
"NOTICE TO PUI~CHASERS"of811 South Willson
This property will be sold in "AS IS" condition. The purchaser is
responsible for any and all inspections necessary to determine the condition
and allowable uses of the property. The sellers and seller's agent, ERA
LANDMARK, are making no representation as to the condition of the
property and no seller's property disclosure is available.
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Date tfll/ 103
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Seller I - -
'0.~~ Purchaser
Purchaser .
1805 Wast Dickerson, #1 . Bozeman,MT 59715. Office: (406)586.1321 . Fax: 14061586.4946 . Toll free: 18001788.2372. www,eralandmark.com
lE MIS
(A) 1.,.1. f 'h,. '''he Ii IjIJe"1:I~t,:nll~ O."'h.'11 dIM lJ'td'lr~..1
lB. Lead-Based Paint Disclosure ~
1 Property Add.....: [_II S / J '( / /{'"!3 h( .- '-(' ''1/ v..
2 " IF . , U--' IIJvVl c.< ..i!/}'W <T-/7 '(/ / .5 7 t' a..
3 /
4 Lead Warning Statement: Every Buyer of any Interest in residential real property on which a residential dwelling was built prior
5 to 1978 Is notified that such property may present exposure to lead from lead-based paint that may place young children at risk
6 of developing lead poisoning. lead poisoning In young children' may produce permanent neurologIcal damage, Including learning
7 disabilities, reduced Intelligence quotient, behavioral problems, and Impaired memory. Lead poisoning also poses 8 particular
8 risk to pregnant women. The Seller of any interest In residential real property is required to provide the Buyer with any information
9 on lead-based paint hazards from risk assessments or inspections In the Seller's possession and nomy the Buyer of any known
10 lead-based paint hazards. A risk assessmenl or Inspection for possible lead-based paint hazards Is recommended prior to
11 purchase.
12 Seller's Disclosures: The Seller hereby discloses the presence of lead-based paint and/or lead-based paint hazards by Checking
13 the appropriate boxes as follows:
14 (a) Presence of lead.based paint and/or lead-basedpalnthazards (check one below):
15 0 Seller knows that lead-based paint and/or lead-based paint hazards are present In
16 the property (explain):
17
18
19 Seller has no knowledge of lead-based paint and/or lead-based paint hazards In the
20 p perty.
21 (b) Records and Reports available to the Seller (check one below):
22 0 Seller has provided the Buyer with all available records and reports pertaining to lead-
23 based paint and/or lead-based paint hazards In the property. Those reports and records
24 are itemized as follows:
25
26 .
27 Seller has no records or reports pertaining to lead-based paint and/or lead.based paint
28 . zards in the property.
29 Buyer's ACknowledgment: Buyer acknowledges as follows:
30 (c) Buyer has received copies of all Information lisled initem(b), II any.
31 (d) Buyer has received the pamphlet .Protect Your Famity From Load in Your Home..
32 (e) Buyer has (check one below):
33 0 Received a 10 business day opportunity (or other mutually agreed upon period) to
34 'conduct a risk assessment or inspection of the presence of lead-based paint hazards
35 (In which event Ihe parties have entered a lead-Based Paint Contingency Addendum);
36 or
37
38 0 Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based
39 paint and/or lead-based paint hazards.
40 Broker/Salesperson" Acknowledgment: The Seller Broker/Salesperson (or if no listing Broker/Salesperson, any
41 Broker/Salesperson In the transaction) acknowledges as follows:
42 (f) Broker/Salesperson has Informed the Seller of the Seller's obligations under 42U.S.C. ~4852(d)
43 and is aware of his/her responsibility to ensure compliance.
44 Certifications: The undersigned have reviewed the information above and certify, to the best of their knowledge, that the
45 Information, .wh!cll they have provlrl,(f is true and accurate.
:!' -. o/l"k3 ~L ~ ~/o>,
49 Date' B'u r r .l:tte
50 I
51
52
53 Da~ Buyer Date
54 ~
55 1.I
~ - ~~O
57 ate Bl,Iyer Qn~k.r/SAI.ip.rsgn Cllt.
N no listing Broker/Salesperson)
NOTE: Any performance which is required to be completed on a Saturday, Sunday or a Holiday can be perfomled on the next business day.
CMONTANAASSOCIATION OF REALTORSIl 019902
Produclld w~h lipF otm no t>v VlH1iso/lloo 18025 fillMn M-. Road, Clnon T ....nship. MIcl1/glQ <18035. (llOO1 )o'll805
liltA LANOMARK I'O~ W IlIC'KlikSON /I0lliMAN M,. ~'11 ~ ,......, 40MI6-I)21 fa:.. _~",..
*","rcr:l.rfi~Jt._,.,..;.,.,. \, ,_
"'" Lan dInar k A Division of ERA Landmark Real Estate
ERA COMMERCIAL
Personal Property to be removed from 811 S Willson
Two lions next to front porch
All books and papers in Library
Plaques in Foyer, and Library door
Casket
Personal Property to be left on premises
All kitchen appliances (upstairs and downstairs)
Dining room furniture
Two Living room lions
Window coverings
~ <
. ~ . ~ C/j/{h3
. Sell ~ v Se7 r Date
~ 1_.1 -11,,/03
Buyers Date
1811 W. Dickerson #17 + Bozeman, MT 59715 + Office (406) 556-5005 + Fax(406) 556-5006 + Toll Free (866) 635-5005
www.eralandmark.com + Robyn Erlenbush, eRB Broker/Owner
Bri~r
.-ty
Bozeman. Moncana
April 10,2003
ERA Landmark
C/o Dick Stefani
Robyn Erienbush
1805 W. Dickerson #1
Bozeman, MT 59715
Dear Dick & Robyn,
I am hereby giving you notice that Sue Johnson and Bridger Realty will receive
no compensation or commission from your office or the Montana Alpha Building
Association of SAE on the successful sale and closing of 811 South Wilson Ave.
(LOTS 1 ~26 PLUS ABANDONED ALLEY OF BLOCK 3 OF BUTTE ADDTION). I
will be receiving my compensation from The City of Bozeman as their Buyers
Broker.
Thank you, "
~~
I
I
I
m
RIAL TOIl"
200 1 Stadium Drive · Suite A . Bozeman. Montana · 59715
Office: 406 . 586.7676 - Fax: 406 · 586. 7591 - Toll Free: 888 · 586. 7676 - www.brrdgerrealty.com