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HomeMy WebLinkAbout6B1o45Vv I� /a Department of Community ieu Memorandum May 30, 2013 TO: Redevelopment Commission FROM: David Relos, Economic Resources SUBJECT: 620 Columbia Purchase Offer Investment U-b., i, This is the remaining property of five Monroe Park HDC houses that went through the disposition process in June 2011, and were listed for sale in September 2011. This particular property is a two story, 1,174 sf house. It has been converted to two apartments, with the stairway between the floors removed. There is no inside basement access. Both factors make it very difficult to sell to an owner occupant. The average appraised value of the property was determined to be $17,000. The previous four houses sold had an average appraised value of $15,500 to $27,000, with an average of $21,250. Two of these four were sold for $5,000, one for $8,000, and one for $10,000. Most of these houses have sat empty for years, have deferred maintenance issues, and in some cases have been broken into and vandalized. This particular property needs a new roof, water heaters, and has only one working furnace. Recently a purchase offer of $7,200 was received for this property. Staff requests approval of this Purchase Offer and to move forward with its closing. cz, IN. is rrtKavry owv. avU in "tNU, in 4bbU1 IV: 5/4 -235 -9371 I FAX: 574- 235 -9021 1 SOUTH BEND I N.GOV Listing Broker (Co.) v -'3 «k y.a1 arse. ( 300 ) By arww Cordon ( 13 42 d5mod2 1edVAW00de Selling Broker (Co.) ( 300 ) By arnm Cord= ( 1.342 ar.r...r....rr,r, da(s00de Nxwi d00d9 n opine PURCHASE AGREEMENT WA10W WC (IMPROVED PROPERTY) 1 Date:l ay 17. 2013 2 3 A. BUYER: 8 n ( "Buyer") 4 agrees to uy a owing property m the owner e r e consideration and subject to the following 5 terms, provisions, and conditions: 6 7 B. PROPERTY: The property ( "Property") is known as 620 Columbia street 8 in PORTAGE Township, Saint Joseph unty, South Bs_++d 9 Indiana, a66oi (zip code) legally described as: LOT 8 .z anrnra 7 r++r 8 nag .T.s MM CO 10 DZNNISTM 11 together with any existing permanent improvements and res atta (unless or excluded), including, 12 but not limited to, electrical and/or gas fixtures, home heating fuel, heating and central air-conditioning equipment 13 and all attachments thereto, built-in kitchen equipment, sump pumps, water softener, water purifier, gas grills, 14 fireplace inserts, gas logs and grates, central vacuum equipment, window shadestblinds, curtain rods, drapery poles 15 and fixtures, ceiling fans and light fixtures, towel racks and bars, storm doors, windows, awnings, TV antennas, 16 satellite dishes and controls, storage bams, all landscaping, mailbox, garage door opener with controls AND THE 17 FOLLOWING: ref riaerator / 2 stows in apartments 18 19 20 21 22 EXCLUDES THE FO I 23 24 The terms of this Agreement will determine what Items are includedlexcluded. All Items sold shall be fully 25 paid for by Seller at time of closing the transaction. Buyer should verify total square footage, land, room 26 dimensions or community amenities If material. 27 28 C. PRICE: Buyer will pay the total purchase price of ($ 7.200.00 ) 29 Eundred Dollars for the roperty. i uyer obis ns an 30 appraisal of the Property, this Agreement is contingent upon the Property appraising at no less than the agreed 31 upon purchase price- 32 33 D. EARNEST MONEY: Buyer submits $ 1.000.00 as earnest money which shall be applied to the 34 purchase price. The listing broker shall deposit earnest money received into its escrow account within two (2) 35 banking days of acceptance of this Agreement and hold it until time of closing the transaction or termination of this 36 Agreement If Buyer fails for any reason to submit earnest money, Seller may terminate this Agreement 37 Earnest money shall be retumed promptly in the event this offer is not accepted. If this offer is accepted and Buyer 38 fails or refuses to dose the transact ion, without legal ruse, the earnest money shall be retained by Seller for 39 damages the Seller has or will incur, and Seller retains all rights to seek other legal and equitable remedies. The 40 Broker holding any eamest money is absolved from any responsibility to make payment to the Seller or Buyer 41 unless the parties enter into a Mutual Release or a Court issues an Order for payment, except as permitted in 876 42 IAC 1 -1 -23 (release of earnest money). Upon notification that Buyer or Seller intends not to perform. Broker holding 43 the eamest money may release the earnest money as provided in this Agreement If no provision is made in this 44 Agreement, Broker may send to Buyer and Seller notice of the disbursement by certified mail. If neither Buyer 45 nor Seller enters into a mutual release or initiates litigation within sixty (60) days of the mailing date of the certified 46 letter, Broker may release the earnest money to the party identified in the certified letter. Buyer and Seller agree to 47 hold the Broker harmless from any liability, including attorney's fees and costs, for good faith disbursement of 48 samest money in accordance with this Agreement and licensing regulations. 49 50 E. METHOD OF PAYMENT: (Check appropriate paragraph number) 51 1. ® CASH: The entire purchase price shall be paid in cash and no financing is required. 52 2. ❑ NEW MORTGAGE: Completion of this transaction shall be contingent upon the Buyer's ability to obtain a 53 54 ❑ Conventional ❑ Insured Conventional ❑ FHA ❑ VA ❑ Other. first 55 mortgage loan for % of purchase price, payable in not less than years, with an 56 original rate of interest not to exceed % per annum and not to exceed points. Buyer 57 shall pay all costs of obtaining financing, except 58 59 620 Columbia Street. South Hand. 46601 Page 1 of 7 (Purchase Agreement) 3WImrhNW FiYb lac. 115 N. Whim 6t Scuh 9=4 91 46601 Ph.(i'mpL] Fa: 1374W2 3336 620Cdvibh Su , &„s Gndm Prodmd e91 LPFanO by AM n9's 19070 FRW Mk R06d, Fier. MidW 46M lh9Fieiamm 60 Any inspections and charges which are required to be made and charged to Buyer or Seller by the lender, 61 FHA, VA, or mortgage insurer, shall be made and charged in accordance with their prevailing rules or 62 regulations and shall supersede any provisions of this Agreement. 63 64 3. E3 ASSUMPTION: (Attach Financing Addendum) 65 4. ❑ CONDITIONAL SALES CONTRACT: (Attach Financing Addendum) 66 5. ❑ OTHER METHOD OF PAYMENT: (Attach Financing Addendum) 67 68 F. TIME FOR OBTAINING FINANCING. Buyer agrees to make written application for any financing necessary 69 to complete this transaction or for approval to assume the unpaid balance of the existing mortgage within _-_Q__ 70 days after the acceptance of this Agreement and to make a diligent effort to meet the lender's requirements and to 71 obtain financing in cooperation with the Broker and Seller. No more than 0 days after acceptance of the 72 Agreement shall be allowed for obtaining favorable written commitment(s) or mortgage assumption approval. If a 73 commitment or approval is not obtained within the time specified above, this Agreement shall terminate unless an 74 extension of time for this purpose is mutually agreed to in writing. 75 76 G. CLOSING: The dosing of the sale (the "Closing Date") shall be on or before June 29. 2013 or 77 within days after , whichever is later or this Agreement 78 shall termnate unless an extension of time is mutually agreed to in iWWn`gAny dosing date earlier than the latest 79 date above must be by mutual written agreement of the parties. The settlement or dosing fee incurred in 80 conducting the settlement charged by the dosing agent or company shall be paid by ❑ Buyer (included in 81 allowance, if provided) ❑ Seller ® Shared equally. 82 83 This Agreement ® Is not contingent upon the dosing of another transaction; ❑ Is contingent upon the closing of 84 the pending transaction on the property located at 85 scheduled to dose by 86 87 Notwithstanding terms to the contrary, the Parties agree that as a condition to closing, all funds delivered to the 88 closing agent's escrow account be in such form that the closing agent shall be able to disburse in compliance with 89 I.C. 27 -07 -3.7 et. seq.. Therefore, all funds from a single source of $10,000 or more shall be wired unconditionally 90 to the dosing agent's escrow account and all funds under $10,000 from a single source shall be good funds as 91 so defined by statute. 92 93 H. POSSESSION: 94 1. The possession of the Property shall be delivered to Buyer ® at closing ❑ within days beginning 95 the day after closing by ❑ a.m. ❑ p.m. ❑ noon or [3 on or before 96 if closed. For each day Seller is entitled to possession after closing, Seller shall pay to Buyer at dosing 97 $ per day. If Seller does not deliver possession by the date and time required in the first 98 sentence of this paragraph, Seller shall pay Buyer $ per day as liquidated damages 99 until possession is delivered to Buyer, and Buyers all have a o r legal and equitable remedies available 100 against the Seller. 101 2. Maintenance of Property: Seller shall maintain the Property in its present condition until its possession is 102 delivered to Buyer, subject to repairs in response to any inspection. Buyer may inspect the Property prior to 103 closing to determine whether Seller has complied with this paragraph. Seller shall remove all debris and 104 personal property not included in the sale. 105 3. Casually Lou: Risk of loss by damage or destruction to the Property prior to the dosing shall be borne by 106 Seller, including any deductible(s). In the event any damage or destruction is not fully repaired prior to dosing, 107 Buyer, at Buyer's option, may either (a) terminate this Agreement with prompt return of earnest money to 108 buyer or (b) elect to close the transaction, in which event Seller's right to all real property insurance 109 proceeds resulting from such damage or destruction shall be assigned in writing by Seller to Buyer. 110 4. UtilkleslMunicipal Services: Seller shall pay for all municipal services and public utility charges through the 111 day of possession. 112 113 1. SURVEY: Buyer shall receive a (Check one) ❑ SURVEYOR LOCATION REPORT, which is a survey where 114 comer markers are not set; ❑ BOUNDARY SURVEY, which is a survey where comer markers of the Property are 115 set prior to closing; ® WANED, no survey unless required by lender, at (Check one) ❑ Buyers expense 116 (included in allowance, k provided) C3 Selleft expense ❑ Shared equally. The survey shall (1) be received 117 prior to closing and certified as of a current date, 2( ) be reasonably satisfactory to Buyer, (3) show the location of all 118 improvements and easements, and (4) show the flood zone designation of the Property. If Buyer waives the right to 119 conduct a survey, the Seller, the Listing and Selling Brokers, and all salespersons associated with Brokers are 120 released from any and all liability relating to any issues that could have been discovered by a survey. This release 121 shall survive the dosing. 122 123 J. FLOOD AREA/OTHER: Buyer ❑ may ® may not terminate this Agreement If the Property requires flood 124 insurance. Buyer ❑ may ® may not terminate this Agreement if the Property is subject to building or use 125 limitations by reason of the location, which materially interfere with Buyer's intended use of the Property. 620 Columbia Sthaet. South -Bend. 46601 ( roperly rose - -- Page 2 of 7 (Purchase Agreement) Produced wkh ZlpFomie by zipLogrc 11070 Faeen Mile Rood, Fuser, MichWn 48026 620 Columbia 126 K HOMEOWNER'S INSURANCE: Completion of this transaction shall be contingent upon the Buyer's ability to obtain 127 a favorable written commitment for homeowner's insurance within 10 days after acceptance of this Agreement 128 129 L. ENVIRONMENTAL CONTAMINANTS ADVISORYIRELEASE: Buyer and Seller acknowledge that Listing Broker, 130 Selling Broker and all salespersons associated with Brokers are NOT experts and have NO special training, 131 knowledge or experience with regard to the evaluation or existence of possible lead -based paint, radon, mold and 132 other biological contaminants ("Environmental Contaminants ") which might exist and affect the Property. 133 Environmental Contaminants at harmful levels may cause property damage and serious illness, including but not 134 limited to, allergic and/or respiratory problems, particularly in persons with immune system problems, young 135 children and/or the elderly. 136 137 Buyer is STRONGLY ADVISED to obtain inspections (see below) to fully determine the condition of the Property 138 and its environmental status. The ONLY way to determine if Environmental Contaminants are present at the 139 Property at harmful levels is through inspections. 140 141 Buyer and Seller agree to consult with appropriate experts and accept all risks for Environmental 142 Contaminants and release and hold harmless all Brokers, their companies and sales associates from any 143 and all liability, including attorneys fees and costs, arising out of or related to any inspection, Inspection 144 result, repair, disclosed defect or deficiency affecting the Property, including Environmental Contaminants. 145 This release shall survive the closing. 146 147 M. INSPECTIONS: (Check paragraph t or 2) 148 149 Buyer has been made aware that independent inspections disclosing the condition of the property are available 150 and has been afforded the opportunity to require such inspections as a condition of this Agreement 151 152 1. ® BUYER WAIVES THE RIGHT TO HAVE INDEPENDENT INSPECTIONS 153 Buyer WAIVES inspections and relies upon the condition of the Property based upon Buyer's own 154 examination and releases the Seller, the Listing and Selling Brokers and all salespersons associated with 155 Brokers from any and all liability relating to any defeat or deficiency affecting the Property, which release 156 157 shall survive the closing. Required FHAIVA or lender inspections are not included in this waiver. 158 159 2. ❑ BUYER RESERVES THE RIGHT TO HAVE INDEPENDENT INSPECTIONS (including Lead-Based Paint) 160 Buyer reserves the right to have independent inspections in addition to any inspection required by FHA, VA, 161 or Buyer's lender(s). All inspections are at Buyer's expense (unless rated otherwise or required by lender) by 162 licensed independent inspectors or qualified independent contractors selected by Buyer within the following 163 time periods. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's 164 inspections. Seller must make all areas of the Property available and accessible for Buyer's 165 inspection. 166 167 INSPECTIONIRESPONSE PERIOD: Buyer shall order all independent inspections irtsnediately after 168 acceptance of the Purchase Agreement. Buyer shall have days beginning the day following the date 169 of acceptance of the Purchase Agreement to respond to the inspection report(s) in writing to Seller (see 170 "Buyer's Inspection Response "). 171 172 Inspections may include but are not limited to the condition of the following systems and components: 173 heating, cooling, electrical, plumbing, roof, walls, ceilings, floors, foundation, basement, crawl space, 174 we]Vseptic, water, wood destroying insects and organisms, Lead -based paint (note: intact lead -based paint 175 that is in good condition is not necessarily a hazard), radon, mold and other biological contaminants and/or 176 the following: 177 178 179 If the initial inspection report reveals the presence of lead -based paint, radon, moll and other biological 180 contaminants, or any other condition that requires further examination or testing, than Buyer shall have 181 additional days to order, receive and respond in writing to any additional reports. 182 183 If the Buyer does not comply with any InspectioNResponse Period or make a written objection to any 184 problem revealed in a report wlthin the applicabis InspectioNResporrse Period, tM Property shall be 185 deemed to be acceptable. lt one party Nils to respond or request In wolfing an extension of time to 186 respond to the other party's Independent Inspection Response, then that inspection response Is 187 accepted. A timely request for extension is rat an acceptance of the inspection response, whether or not 188 granted. A REASONABLE TIME PERIOD TO RESPOND IS REQUIRED TO PREVENT MISUSE OF THIS 189 ACCEPTANCE PROVISION. Factors considered in determining reasonable time periods include, but are 190 not limited to, availability of responding party to respond, type and expense of repairs requested and need of 191 responding party to obtain additional opinions to forrbulate a response. 620 Columbia Stsaet. South Band. 46601 Page 3 of 7 (Purchase Agreement) Produced w8h ZgFonne by zlpLogix 18070 Frbeen Mae Road, Fraser, Michigan 480Y8 men n0LQgg g= 620 Columbia 192 If the Buyer reasonably believes that the Inspection Report reveals a DEFECT with the Property (under 193 Indiana law, "Defect" means a condition that would have a significant adverse effect on the value of the 194 Property, that would significantly impair the health or safety of future occupants of the Property, or that if not 195 repaired, removed, or replaced would significantly shorten or adversely affect the expected normal life of the 198 premises), and the Seller is unable or unwilling to remedy the defect to the Buyers reasonable satisfaction 197 before closing (or at a time otherwise agreed to by the parties), then Buyer may terminate this Agreement or 198 PROPERTY DE ECT transaction proceed EL ER closing. BUYER MAINTENANCE AND 199 200 MINOR REPAIR ITEMS MENTIONED IN ANY REPORT, SHALL NOT BE A BASIS FOR TERMINATION OF Y01 THIS AGREEMENT. 202 203 N. LIMITED HOME WARRANTY PROGRAM: 204 Buyer acknowledges the availability of a LIMITED HOME WARRANTY PROGRAM with a deductible paid b Buyer 205 which O will ® will not be provided at a cost not to exceed $ char to ❑ Buyer E Seller 206 and ordered by O Buyer ❑ Seller. Buyer and Seller acknowledge this LIMITED HOME WARRANTY PROGRAM 207 may not cover any pre - existing defects in the Property nor replace the reed for an independent home inspection. 208 Broker may receive a fee from the home warranty provider and/or a member benefit. The Limited Home Warranty 209 Program is a contract between Buyer/Seller and the Home Warranty Provider. The Parties agree that Brokers and 210 their companies shall be released and held harmless in the event of claims disputes with the Home Warranty 211 Provider. 212 213 O. DISCLOSURES: (Check one) 214 1. Buyer O has O has not ® not applicable received and executed SELLER'S RESIDENTIAL REAL ESTATE 215 SALES DISCLOSURE. 216 2. Buyer O has O has not ® not applicable received and executed a LEAD -BASED PAINT CERTIFICATION 217 AND ACKNOWLEDGMENT. 218 219 P. TITLE APPROVAL: Prior to dosing, Buyer shall be furnished with M a title insurance commitment for the most 220 current and comprehensive ALTA Owners Title Insurance Policy available in the amount of the purchase 221 price or O an abstract of title continued to date, showing marketable title to Property in Sellers name. Seller 222 must convey title free and dear of any encumbrances and tide defects, with the exception of any mortgage 223 assumed by Buyer and any restrictions or easements of record not materially interfering with Buyers intended use 224 of the Property. A title company, at Buyers request, can provide information about availability of various additional 225 title insurance coverages and endorsements and the associated costs. 226 227 Owners Title Insurance Premium and that portion of Tide Service Fees incurred to prepare the Owners Policy 228 (including title search and examination and commitment preparation), to be paid by ❑ Buyer (included in 229 allowance, if provided) M Seller O Shared equally. 230 231 Lenders Title Insurance Premium and that portion of Title Service Fees incurred to prepare the Lenders Policy 232 (including title search and examination and commitment preparation), if applicable, to be paid by ® Buyer (included 233 in allowance, H provided) ❑ Seller O Shared equally O Other 234 235 The parties agree that 0 Seller U Buyer will select a title insurance company to Issue a title Insurance policy and 236 will order the commitment ® immediately or ❑ other. 237 238 Pursuant to Federal and State law, Seller cannot make Sellers selection of a title insurance provider a condition of 239 this Agreement. 240 241 Seller agrees to pay the cost of obtaining all other documents necessary to perfect title (including the cost of the 242 deed and vendors affidavit), so that marketable tide can be conveyed. 243 244 O. TAXES: (Check paragraph 1, 2 or 3) 245 ❑ 1. Buyer will assume and pay all taxes on the Property beginning with the taxes due and payable on 246 and all taxes due thereafter. At or before dosing, Seller shall pay all 247 taxes for the Property payable before that date. 248 ® 2. All taxes that have accrued for any prior calendar year that remain unpaid shall be paid by Seller either to 249 the County Treasurer and/or the Buyer in the forth of a credit at closing. All taxes that have accrued for the 250 current calendar year shall be prorated on a calendar -year basis as of the day immediately prior to the 251 Closing Date. 252 253 For purposes of paragraph 1 and 2: For the purpose of determining the credit amount for accrued but unpaid 254 taxes, taxes shall be assumed to be the same as the most recent year when taxes were billed based upon cerh(ied 255 tax rates. This shall be a final settlement. 256 257 O 3. FOR RECENT CONSTRUCTION OR OTHER TAX SITUATIONS. Seller will give a tax credit of 258 $ to Buyer at closing. This shall be a final settlerent. fi20 Columh±& Street. South Rand. 45501 (PIO�Y ) - - -- -- Page 4 of 7 (Purchase Agreement) Pm&ioep w8h apForm® by APO* 18070 FMW Mae Road, Fraser, Mkhigen 48028 let .{ b20 Columbia 259 WARNING: THE SUCCEEDING YEAR TAX BILL FOR RECENTLY CONSTRUCTED HOMES OR FOLLOWING 260 REASSESSMENT PERIODS MAY GREATLY EXCEED THE LAST TAX BILL AVAILABLE TO THE CLOSING AGENT. 261 262 Buyer acknowledges Seller's tax exemptions and/or credits may not be reflected on future tax bills. 263 264 Buyer may apply for current -year exemptions/credits at or after closing. 265 266 R. PRORATIONS AND SPECIAL ASSESSMENTS: Insurance, If assigned to Buyer, interest on any debt assumed or 267 taken subject to, any rents, all other income and ordinary operating expenses of the Property, including but not 268 limited to, public utility charges, shall be prorated as of the day immediately prior to the Closing Date. Seller shall 269 pay any special assessments applicable to the Property for municipal improvements previously made to benefit the 270 Property. Seller warrants that Seller has no knowledge of any planned improvements which may result in 271 assessments and that no governmental or private agency has served notice requiring repairs, alterations or 272 corrections of any existing conditions. Public or municipal improvements which are not completed as of the date 273 above but which will result in a lien or charge shall be paid by Buyer. Buyer will assume and pay all special 274 assessments for municipal improvements completed after the date of this Agreement. 275 276 S. TIME: Time is of the essence. Time periods specified in this Agreement and any subsequent Addenda to the 277 Purchase Agreement are calendar days and shall expire at 11:59 PM of the date stated unless the parties agree in 278 writing to a different date and/or time. 279 280 Note: Seller and Buyer have the right to withdraw any offer/counter offer prior to written acceptance and 281 delivery of such offer /counter offer. 282 283 T. HOMEOWNERS ASSOCIAT10MICONDOFMNIUM ASSOCIATION ("Assoclation "): Documents for a mandatory 284 membership association shall be delivered by the Seller to Buyer within days after acceptance of this 285 Agreement If the Buyer does not make a written response to the documents within days after receipt, the 286 documents shall be deemed acceptable. In the event the Buyer does not accept t resions in the documents 287 and such provisions cannot be waived, this Agreement may be terminated by the Buyer and the earnest money 288 deposit shall be refunded to Buyer promptly. Any approval of sale required by the Association shall be obtained by 289 the Seller, in writing, within days after Buyer's approval of the documents. Fees charged by the 290 "Association ", or its management company, for purposes of verification of good standing and/or transfer 291 of ownership shall be shared equally by Buyer and Seller. Start -up or one time reserve fees, if any, shall be 292 paid by Buyer. 293 294 Buyer acknowledges that in every neighborhood there are conditions which others may find objectionable. 295 Buyer shall therefore be responsible to become fully acquainted with neighborhood and other off-site 296 conditions that could affect the Properly. 297 298 U. ATTORNEYS FEES: Any party to this Agreement who is the prevailing party in any legal or equitable proceeding 299 against any other party brought under or with relation to the Agreement or transaction shall be additionally entitled 300 to recover court costs and reasonable attorney's fees from the non - prevailing party. 301 302 V. ADDITIONAL PROVISIONS: 303 304 1. Unless otherwise provided, any proration for rent, taxes, insurance, damage deposits, association dues/ 305 assessments, or any other items shall be computed as of the day immediately prior to the Closing Date. 306 307 2. Underground mining has occurred in Indiana, and Buyers are advised of the availability of subsidence 308 insurance. 309 310 3. The Indiana Sheriffs Sex Offender Registry (www.indianasheriffs.ora) exists to inform the public about the 311 identity, location and appearance of sex offenders residing within Indiana. Broker is not responsible for 312 providing or verifying this information. 313 314 4. Conveyance of this Property shall be by general Warranty Deed, or by 315 subject to taxes, easements, restrictive covenants and encumbrances of record, unless otherwise agreed. 316 317 5. Seller represents and warrants that Seller is not a "foreign person" (individual entity) and, therefore, is not 318 subject to the Foreign Investment in Real Property Tax Act 319 320 6. Any notice required or permitted to be delivered shall be deemed received when personally delivered, 321 transmitted electronically or digitally or sent by express courier or United States mail, postage prepaid, 322 certified and return receipt requested, addressed to Seller or Buyer or the designated agent of either party. 620 Columbia Street. South Band. 46691 -- roDeel' ngo�asr Page 5 of 7 (Purchase Agreement) Produoed vft ZIPFomie by ripLogix 18070 FAW MIN Road, Finer, Middgm 48026 ~,J1CL02r,rprp 620 Columbia 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 7. This Agreement shall be construed under and in accordance with the laws of the State of Indiana and is binding upon the parties' respective heirs, executors, administrators, legal representatives, successors, and assigns. 8. In case any provision contained in this Agreement is held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. 9. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties' respecting the transaction and cannot be changed except by their written consent 10. All rights, duties and obligations of the parties shall survive the passing of title to, or an interest in, the Property. 11. Broker(s) may refer Buyer or Seller to other professionals, service providers or product vendors, including lenders, loan brokers, title insurers, escrow companies, inspectors, pest control companies, contractors and home warranty companies. Broker(s) does not guarantee the performance of any service provider. Buyer and Seller are free to select providers other than those referred or recommended to them by Broker(s). The Parties agree that Brokers and their companies shall be released and held harmless in the event of claims disputes with any service provider. 12. By signing below, the parties to this transaction acknowledge receipt of a copy of this Agreement and give their permission to a multiple listing service, Internet or other advertising media, if any, to publish information regarding this transaction. 13. Any amounts payable by one party to the other, or by one party on behalf of the other party, shall not be owed until this transaction is closed. 14. Buyer and Seller consent to receive communications from Broker(s) via telephone, U.S. mail, email and facsimile at the numberstaddresses provided to Broker(s) unless Buyer and Seller notify Broker(s) in writing to the contrary. 15. Buyer discloses to Seller that Buyer holds Indiana Real Estate License # 9521006631 16. Where the word "Broker' appears, it shall mean "Licensee" as provided in I.C.25- 34.1 - 10.5.8. W. FURTHER CONDITIONS (List and atfaoh any addenda): SvxER xs LlsrING AGENT / BROKER . ✓ � pgV !o � 1/i0 4 ••hr MC av i C S X. CONSULT YOUR ADVISORS: Buyer and Seller acknowledge they have been advised that prior to signing this document, they may seek the advice of an attorney for the legal or tax consequences of this document and the transaction to which it relates. In any real estate transaction, it is recommended that you consult with a professional, such as a civil engineer, environmental engineer, or other person, with experience in evaluating the condition of the Property. Y. ACKNOWLEDGEMENT& Buyer and Seller acknowledge that each has received agency office policy disclosures, has had agency explained, and now confirms all agency relationships. Buyer and Seller further acknowledge that they understand and accept agency relationships involved In this transaction. By signature below, the parties verify that they understand and approve this Purchase Agreement and acknowledge receipt of a signed copy. Z EXPIRATION OF OFFER: Unless accepted by Seller and delivered to Buyer by ❑ A.M. ❑ P.M. a Noon, the day of , this Purchase Agreement shall be null and void and all parties shall be relieved of any and all liability or obligations. 620 Columbia Street So + +rt+ Bond. 66601 _ _ - (PrOp ; AOdresa) Page 6 of 7 (Purchase Agreement) Produced wNh ZlpForme by aPLook 16070 Rosen Mile Road, From, Mechhan 48028 mltziol,ppg,coin 620 Columbia 388 This Agreement may be executed simultaneously or in two or more counterparts, each of which shall be deemed 389 an original but all of which together shall constitute one and the same instrument The parties agree that this 390 Agreement may be transmitted between them electronically or digitally. The parties intend that electronically or 391 digitally transmitted signatures constitute original signatures and are binding on the parties. The original document 392 shall be promptly delivered, If requested. 393 ^ 394 395 396 397 9U­YER'S SIGNATURE�/ 9ATE BUYER'S SIGNATURE DATE 398 399 �, Gordon 400 PRIN PR 401 402 SELLER'S RESPONSE: (Check appropriate paragraph number): 403 404 This day of at ❑ A.M. ❑ P.M. ❑ Noon 405 406 ❑ 1. The above offer Is Accepted. 407 408 ❑ 2. The above offer is Rejected. 409 410 ❑ 3. The above offer Is Countered. See Counter Offer. Seller should sign lath the Purchase Agreement and 411 the Counter Offer. 412 413 414 415 416 SELLER'S SIGNATURE DATE SELLER'S SIGNATURE DATE 417 418 419 PRINTED PRINTED I Prepared and provided as a member service by the Indiana Association of REALTORS®, Inc. (IAR). This form is restricted to use by members of IAR. This is a legally bkWing cWhad, If not understood seek legal advice. Form 802. Copyright IAR 2013 11214 620 Columbia Street. South Band. 46601 (Property Addra�) Page 7 of 7 (Pu r' - e Agreement) ProdLmd wit, 2ipFOrme by tlpLogix 184370 Filbert Mile Road, Fraser, Michipn 40020 me j"MbL N0 620 Ccdmbm