Az real estate cd (1)

RESIDENTIAL SELLER

WHEN IN DOUBT – DISCLOSE!

Phone: Fax:

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Residential Seller Disclosure Advisory Updated: June 2014

Copyright © 2014 Arizona Association of REALTORS®. All rights reserved.

DISCLOSURE ADVISORYDocument updated:

June 2014

REAL SOLUTIONS. REALTOR® SUCCESS.

Arizona law requires the seller to disclose material (important) facts aboutthe property, even if you are not asked by the buyer or a real estate agent.These disclosure obligations remain even if you and the buyer agree thatno Seller’s Property Disclosure Statement (“SPDS”) will be provided.

The SPDS is designed to assist you, the seller, in making these legally required disclosures and toavoid inadvertent nondisclosures of material facts. To satisfy your disclosure obligations and protectyourself against alleged nondisclosure, you should complete the SPDS by answering all questions astruthfully and as thoroughly as possible. Attach copies of any available invoices, warranties, inspectionreports, and leases, to insure that you are disclosing accurate information. Use the blank lines to explainyour answers. If you do not have the personal knowledge to answer a question, it is important not to guess– use the blank lines to explain the situation.

If the buyer asks you about an aspect of the property, you have a duty to disclose theinformation, even if you do not consider the information material.* You also have a legal dutyto disclose facts when disclosure is necessary to prevent a previous statement from beingmisleading or misrepresented: for example, if something changes.

If you do not make the legally required disclosures, you may be subject to civil liability.

Under certain circumstances, nondisclosure of a fact is the same as saying that the fact doesnot exist. Therefore, nondisclosure may be given the same legal effect as fraud.

If you are using the Arizona Association of REALTORS® (“AAR”) Residential Resale Real Estate PurchaseContract, the seller is required to deliver “a completed AAR Residential SPDS form to the Buyer within five(5) days after Contract acceptance.” If the Seller does not provide the SPDS as the Contract requires, theSeller is potentially in breach of the Contract, thereby enabling the Buyer to cancel the transaction andreceive the earnest money deposit.

* By law, sellers are not obligated to disclose that the property is or has been: (1) a site of a naturaldeath, suicide, homicide, or any other crime classified as a felony; (2) owned or occupied by a personexposed to HIV, or diagnosed as having AIDS or any other disease not known to be transmittedthrough common occupancy of real estate; or (3) located in the vicinity of a sex offender. However, thelaw does not protect a seller who makes an intentional misrepresentation. For example, if you areasked whether there has been a death on the property and you know that there was such a death, youshould not answer “no” or “I don’t know.” Instead you should either answer truthfully or respond thatyou are not legally required to answer the question.

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Mountain Lake Realty

Mountain Lake Realty, 1600 Outer Loop Rd Chino Valley, Arizona 86323(928)533-6593 (928)533-6593 Thomas Mastromatto

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THE FOLLOWING ARE REPRESENTATIONS OF THE SELLER(S) AND ARE NOT VERIFIED BY THE BROKER(S) OR AGENT(S).

3. PROPERTY ADDRESS:(STREET ADDRESS) (CITY) (STATE) (ZIP)

Yes No If yes, and five or fewer parcels of land other than subdivided land

Initials>BUYER BUYER

Page 1 of 7

RESIDENTIAL SELLER’S PROPERTY

DISCLOSURE STATEMENT (SPDS) (To be completed by Seller)

MESSAGE TO THE SELLER:

Sellers are obligated by law to disclose all known material (important) facts about the Property to the Buyer. The SPDS is designed to assist

Page 1 of 7

R Document updated:

June 2014

you in making these disclosures. If you know something important about the Property that is not addressed on the SPDS, add thatinformation to the form. Prospective Buyers may rely on the information you provide.

INSTRUCTIONS: (1) Complete this form yourself. (2) Answer all questions truthfully and as fully as possible. (3) Attach all available supportingdocumentation. (4) Use explanation lines as necessary. (5) If you do not have the personal knowledge to answer a question, use the explanation linesto explain. By signing on page 7, you acknowledge that the failure to disclose known material information about the Property may result in liability.

MESSAGE TO THE BUYER:

Although Sellers are obligated to disclose all known material (important) facts about the Property, there are likely facts about the Propertythat the Sellers do not know. Therefore, it is important that you take an active role in obtaining information about the Property.

INSTRUCTIONS: (1) Review this form and any attachments carefully. (2) Verify all important information. (3) Ask about any incomplete orinadequate responses. (4) Inquire about any concerns not addressed on the SPDS. (5) Review all other applicable documents, such asCC&R’s, association bylaws, surveys, rules, and the title report or commitment. (6) Obtain professional inspections of the Property.(7) Investigate the surrounding area.

PROPERTY AND OWNERSHIP

1. As used herein, “Property” shall mean the real property and all fixtures and improvements thereon and appurtenances incidental thereto,2. plus fixtures and personal property described in the Contract.

6. Is the Property located in an unincorporated area of the county?7. are being transferred, the Seller must furnish the Buyer with a written Affidavit of Disclosure in the form required by law.

8. LEGAL OWNER(S) OF PROPERTY: Date Purchased:

13. Is the legal owner(s) of the Property a foreign person or a non-resident alien pursuant to the Foreign Investment in Real Property14. Tax Act (FIRPTA)? Yes No If yes, consult a tax advisor; mandatory withholding may apply.

15. Is the Property located in a community defined by the fair housing laws as housing for older persons? Yes No16. Explain:17. Approximate year built: . If Property was built prior to 1978, Seller must furnish the Buyer with a lead-based paint disclosure form.

9. The Property is currently: Owner-occupied Leased Estate Foreclosure Vacant If vacant, how long?10. If a rental property, how long? Expiration date of current lease: (Attach a copy of the lease if available.)11. If any refundable deposits or prepaid rents are being held, by whom and how much? Explain:12.

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Copyright © 2014 Arizona Association of REALTORS®.Updated: June 2014Residential Seller’s Property Disclosure Statement (SPDS)

All rights reserved.

The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®.

Any change in the pre-printed language of this form must be made in a prominent manner.

No representations are made as to the legal validity, adequacy and/or effects of any provision,

including tax consequences thereof. If you desire legal, tax or other professional advice, please

consult your attorney, tax advisor or professional consultant.REAL SOLUTIONS. REALTOR® SUCCESS.

4. Does the property include any leased land? Yes No5. Explain:

18.19.20.

NOTICE TO BUYER: If the Property is in a subdivision, a subdivision public report, which contains a variety of

information about the subdivision at the time the subdivision was approved, may be available by contacting the Arizona

Department of Real Estate or the homebuilder. The public report information may be outdated. www.azre.gov.

Phone: Fax:

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47.

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YES NO21.

Are you aware of any proposed or existing association assessment(s)? Explain:

22.23.

Are you aware of any pending or anticipated disputes or litigation regarding the Property or the association(s)?

24.

Explain:

25.

Are you aware of any of the following recorded against the Property? (Check all that apply):

26.

Judgment liens Tax liens Other non-consensual liens

27.

Explain:

28.

Are you aware of any assessments affecting this Property? (Check all that apply):

29.

Paving Sewer Water Electric Other

30.

Explain:

31.

Are you aware of any title issues affecting this Property? (Check all that apply):

32.

Recorded easements Use restrictions Lot line disputes Encroachments

33.

Unrecorded easements Use permits Other

34.

Explain:

35.

Are you aware of any public or private use paths or roadways on or across this Property?

36.

Explain:

37.

Are you aware of any problems with legal or physical access to the Property? Explain:

38.

The road/street access to the Property is maintained by the County City Homeowners’ Association Privately

39.

If privately maintained, is there a recorded road maintenance agreement? Explain:

40.

Are you aware of any violation(s) of any of the following? (Check all that apply):

41.

Zoning Building Codes Utility Service Sanitary health regulations

42.

Covenants, Conditions, Restrictions (CC&R’s) Other (Attach a copy of notice(s) of violation if available.)

43.

Explain:

44.45.

Are you aware of any homeowner’s insurance claims having been filed against the Property?

46.

Explain:

48.49.50.

BUILDING AND SAFETY INFORMATION

YES NO62. ROOF / STRUCTURAL:

63.

Are you aware of any past or present roof leaks? Explain:64.65.

Are you aware of any other past or present roof problems? Explain:66.

67.

>>Residential Seller’s Property Disclosure Statement (SPDS)

NOTICE TO BUYER: Contact a professional to verify the condition of the roof.


Residential Seller’s Property Disclosure Statement (SPDS)Updated: June 2014 • Copyright © 2014 Arizona Association of REALTORS®.All rights reserved. Initials>

BUYER BUYERPage 2 of 7

51.52.53.54.55.56.57.58.

59.60.61.

Are you aware if the Property is located within the boundaries of a Community Facilities District (CFD)?If yes, provide the name of the CFD:

NOTICE TO BUYER: Your claims history, your credit report, the Property’s claims history and other factors may

affect the insurability of the Property and at what cost. Under Arizona law, your insurance company may cancel

your homeowner’s insurance within 60 days after the effective date. Contact your insurance company.

Have you entered into any agreement to transfer your interest in the Property in any way, including rental renewalsor options to purchase? Explain:Are you aware if there are any association(s) governing the Property?If yes, provide contact(s) information: Name: Phone #:

Name: Phone #:If yes, are there any fees? How much? $ How often?

Are you aware of any association fees payable upon transfer of the Property? Explain:How much? $ How often?

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YES NO

73.

Are you aware of any damage to any structure on the Property by any of the following? (Check all that apply):

74.75.

Explain:

76.77.

Flood78.79.

Past presence of termites or other wood destroying organisms on the Property?

80.

81.

85.

93.

Are you aware of any past or present problems with the heating or cooling system(s)?

91.

Heating: Type(s)

Fire Wind Expansive soil(s) Water Hail Other

WOOD INFESTATION:Are you aware of any of the following:

Current presence of termites or other wood destroying organisms on the Property?Past or present damage to the Property by termites or other wood destroying organisms?Explain:

82.83.

Are you aware of past or present treatment(s) of the Property for termites or other wood destroying organisms?

84.

If yes, date last treatment was performed:Name of treatment provider(s):

86.

Is there a treatment warranty? (Attach a copy of warranty if available.)

87.

If yes, is the treatment warranty transferable?

88.89.90.

HEATING & COOLING:

92.

Cooling: Type(s)

94.

Explain:

95.

PLUMBING:

96.

Are you aware of the type of water pipes, such as galvanized, copper, PVC, CPVC or polybutylene?

97.

If yes, identify:

98.

Are you aware of any past or present plumbing problems? Explain:

99.100.

Are you aware of any water pressure problems? Explain:

101.

Type of water heater(s): Gas Electric Solar Approx. age(s):

102.

Are you aware of any past or present water heater problems? Explain:

103.104.

Is there a landscape watering system? If yes, type: automatic timer manual both

105.

If yes, are you aware of any past or present problems with the landscape watering system?

106.

Explain:

107.

Are there any water treatment systems? (Check all that apply):

108.

water filtration reverse osmosis water softener Other

109.

Is water treatment system(s) owned leased (Attach a copy of lease if available.)

110.

Are you aware of any past or present problems with the water treatment system(s)?

111.

Explain:

112.113.114.115.116.117.

Residential Seller’s Property Disclosure Statement (SPDS)

Are you aware of any roof repairs? Explain:

If yes, is the roof warranty transferable? Cost to transfer

Are you aware of any interior wall/ceiling/door/window/floor problems? Explain:

Are you aware of any cracks or settling involving the foundation, exterior walls or slab? Explain:

Are you aware of any chimney or fireplace problems, if applicable? Explain:




118.

Is there a roof warranty? (Attach a copy of warranty if available.)

Approximate Age(s)

Approximate Age(s)

NOTICE TO BUYER: Contact Office of Pest Management for past termite reports or

treatment history. www.sb.state.az.us

68.69.70.71.72.

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YES NO

122.121.

119.

Are you aware of any past or present problems with the electrical system? Explain:ELECTRICAL AND OTHER RELATED SYSTEMS:

120.

125.

Does the Property contain any of the following systems or detectors?(Check all that apply):

Leased (Attach copy of lease if available.)Is there a security system? If yes, is it (Check all that apply):

Owned Monitored Other

123.

Are you aware of any past or present problems with the security system? Explain:

124.

126.

Smoke/fire detection Fire suppression (sprinklers) Carbon monoxide detector

127.

If yes, are you aware of any past or present problems with the above systems? Explain:

128.129.

MISCELLANEOUS:

130.

Are you aware of or have you observed any of the following on the Property? (Check all that apply):

131.

Scorpions Rabid animals Bee swarms Rodents Reptiles Other:

132.

Explain:

133.134.135.

136.137.138.139.140.141.142.143.144.145.146.147.148.149.

150.151.152.153.154.155.156.157.158.159.160.161.


SWIMMING POOL/SPA/HOT TUB/SAUNA/WATER FEATURE:Does the Property contain any of the following? (Check all that apply):

Swimming pool Spa Hot tub Sauna Water featureIf yes, are either of the following heated? Swimming pool Spa If yes, type of heat:Are you aware of any past or present problems relating to the swimming pool, spa, hot tub, sauna or water feature?Explain:




Are you aware of any animals/pets that have resided in the Property? If yes, what kind:

Has the Property been serviced or treated for pests, reptiles, insects, birds or animals? If yes, how often:Name of service provider(s): Date of last service:Are you aware of any work done on the Property, such as building, plumbing, electrical or other improvements oralterations or room conversions? (If no, skip to line 156.)

Explain:

Were permits for the work required? Explain:If yes, were permits for the work obtained? Explain:Was the work performed by a person licensed to perform the work? Explain:Was approval for the work required by any association governing the property? Explain:If yes, was approval granted by the association? Explain:Was the work completed? Explain:Are there any security bars or other obstructions to door or window openings? Explain:Are you aware of any past or present problems with any built-in appliances? Explain:

Are there any leased propane tanks, equipment or other systems on the Property? (Attach a copy of lease if available.)Explain:

Bed Bugs

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YES NO

165.166.

Are you aware of any past or present drinking water problems? Explain:

169.

Are you aware of any past or present problems with the alternate power system(s)? Explain:

168.

Solar

167.

Wind Generator Other

170.

ENVIRONMENTAL INFORMATION

YES NO

171.

Are you aware of any past or present issues or problems with any of the following on the Property? (Check all that apply):

172.

Soil settlement/expansion Drainage/grade Erosion Fissures Dampness/moisture Other

173.

Explain:

174.

Are you aware of any past or present issues or problems in close proximity to the Property related to any of

175.

the following? (Check all that apply):

176.

Soil settlement/expansion Drainage/grade Erosion Fissures Other

177.

Explain:

178.179.180.

181.

Are you aware if the Property is subject to any present or proposed effects of any of the following? (Check all that apply):

182.

Airport noise Traffic noise Rail line noise Neighborhood noise Landfill Toxic waste disposal

183.

Odors Nuisances Sand/gravel operations Other

184.

Explain:

185.

Are you aware if any portion of the Property has ever been used as a "Clandestine drug laboratory" (manufacture of,

186.187.188.

189.

190.191.192.193.194.195.196.

197.198.

199.200.201.202.203.204.

205.206.

162.

163.164.


or storage of, chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD)?




NOTICE TO BUYER: The Arizona Board of Technical Registration (BTR) maintains a list of unremediated sitesat www.azbtr.gov. To determine if the property was once on the list but has been remediated, contact the BTR.

NOTICE TO BUYER: The Arizona Department of Real Estate provides earth fissure maps to any member

of the public in printed or electronic format upon request and on its website at www.azre.gov.

Are there any alternate power systems serving the Property? (If no, skip to line 190.)

If yes, indicate type (Check all that apply):

U.S. Postal Service delivery is available at: Property Cluster Mailbox Post Office Other

Are any alternate power systems serving the Property leased? Explain:

If yes, provide name and phone number of the leasing company (Attach copy of lease if available):

NOTICE TO BUYER: If the Property is served by a well, private water company or a municipal water provider,

the Arizona Department of Water Resources may not have made a water supply determination.

For more information about water supply, or any of the above services, contact the provider.

UTILITIES

DOES THE PROPERTY CURRENTLY RECEIVE THE FOLLOWING SERVICES?PROVIDER

Electricity: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Fuel: Natural gas Propane Oil . . . . . . . . . . . . .Cable / Satellite: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Garbage Collection: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Fire: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Irrigation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Internet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic Water Well/Water Use Addendum.

Water Source:Public Private water co.Private well Shared well

Hauled water . . . . . . .If water source is a private or shared well, complete and attach

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YES NO207.

209.

213.

210.

225.

223.224.

227.

208.

211.212.

214.215.216.217.218.219.220.221.222.

226.

228.229.230.231.232.233.234.

239.240.241.242.243.244.

245.246.247.248.

Residential Seller’s Property Disclosure Statement (SPDS)Updated: June 2014 •All rights reserved. Initials>


249.

250.

251.252.

Copyright © 2014 Arizona Association of REALTORS®.

Are you aware if the Property is located in the vicinity of a public or private airport?Explain:

NOTICE TO SELLER AND BUYER: Pursuant to Arizona law a Seller shall provide a written disclosure to the Buyer

if the Property is located in territory in the vicinity of a military airport or ancillary military facility as delineated

on a map prepared by the State Land Department. The Department of Real Estate also is obligated to record

a document at the County Recorder’s Office disclosing if the Property is under restricted air space and to

maintain the State Land Department Military Airport Map on its website at www.azre.gov.

Is the Property located in the vicinity of a military airport or ancillary military facility?Explain:Are you aware of the presence of any of the following on the Property, past or present? (Check all that apply):

Explain:Asbestos Radon gas Lead-based paint Pesticides Underground storage tanks Fuel/chemical storage

Are you aware if the Property is located within or subject to any of the following ordinances? (Check all that apply):Superfund / WQARF / CERCLA Wetlands area Natural Area Open Spaces

Are you aware of any open mine shafts/tunnels or abandoned wells on the Property?If yes, describe location:Are you aware if any portion of the Property is in a flood plain/way? Explain:

NOTICE TO BUYER: Your mortgage lender [may] [will] require you to purchase flood insurance in

connection with your purchase of this property. The National Flood Insurance Program provides for the

availability of flood insurance and establishes flood insurance policy premiums based on the risk of flooding

in the area where properties are located. Recent changes to federal law (The Biggert-Waters Flood Insurance

Reform Act of 2012 and the Homeowner Flood Insurance Affordability Act of 2014, in particular) will result in

changes to flood insurance premiums that are likely to be higher, and in the future may be substantially

higher, than premiums paid for flood insurance prior to or at the time of sale of the property. As a result,

purchasers of property should not rely on the premiums paid for flood insurance on this property previously

as an indication of the premiums that will apply after completion of the purchase. In considering purchase of

this property you should consult with one or more carriers of flood insurance for a better understanding of

Are you aware of any portion of the Property ever having been flooded? Explain:

Are you aware of any water damage or water leaks of any kind on the Property? Explain:

Are you aware of any past or present mold growth on the Property? If yes, explain:

SEWER/WASTEWATER TREATMENT

YES NOIs the entire Property connected to a sewer?If no, is a portion of the Property connected to a sewer? Explain:

If the entire Property or a portion of the Property is connected to a sewer, has a professional verified the sewer connection?If yes, how and when:

NOTICE TO BUYER: Contact a professional to conduct a sewer verification test.

Type of sewer: Public Private Planned and approved sewer system, but not connectedName of Provider:

>>

235.236.237.238.

flood insurance coverage, current and anticipated future flood insurance premiums, whether the prior

owner’s policy may be assumed by a subsequent purchaser of the property, and other matters related to the

purchase of flood insurance for the property. You may also wish to contact the Federal Emergency

Management Agency (FEMA) for more information about flood insurance as it relates to this property.

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YES NO

256.

258.

262.

259.

275.

What other material (important) information are you aware of concerning the Property that might affect the buyer’s decision-making

273.274.

277.

257.

260.261.

263.264.

265.266.

267.268.269.

270.271.272.

OTHER CONDITIONS AND FACTORS

276.

process, the value of the Property, or its use? Explain:

ADDITIONAL EXPLANATIONS

278.

280. SELLER CERTIFICATION: Seller certifies that the information contained herein is true and complete to the best of Seller’s281. knowledge as of the date signed. Seller agrees that any changes in the information contained herein will be disclosed in writing by Seller282.

284.SELLER’S SIGNATURE MO/DA/YR SELLER’S SIGNATURE MO/DA/YR

Reviewed and updated:285. Initials:SELLER

/SELLER MO/DA/YR

286. BUYER’S ACKNOWLEDGMENT: Buyer acknowledges that the information contained herein is based only on the Seller’s actual287. knowledge and is not a warranty of any kind. Buyer acknowledges Buyer’s obligation to investigate any material (important) facts in288. regard to the Property. Buyer is encouraged to obtain Property inspections by professional independent third parties and to289. consider obtaining a home warranty protection plan.

290. NOTICE: Buyer acknowledges that by law, Sellers, Lessors and Brokers are not obligated to disclose that the Property is or has been: (1) the site291. of a natural death, suicide, homicide, or any other crime classified as a felony; (2) owned or occupied by a person exposed to HIV, diagnosed as292. having AIDS or any other disease not known to be transmitted through common occupancy of real estate; or (3) located in the vicinity of a sex offender.

293. By signing below, Buyer acknowledges receipt only of this SPDS. If Buyer disapproves of any items provided herein, Buyer294. shall deliver to Seller written notice of the items disapproved as provided in the Contract.

295.BUYER’S SIGNATURE MO/DA/YR BUYER’S SIGNATURE MO/DA/YR

Initials>BUYER BUYER

Page 7 of 7

283.to Buyer prior to Close of Escrow, including any information that may be revealed by subsequent inspections. Seller acknowledgesreceipt of Residential Seller Disclosure Advisory titled When in Doubt — Disclose.

279.

If the Facility is an alternative system, is it currently being serviced under a maintenance contract?If yes, name of contractor: Phone #:Approximate year Facility installed: (Attach copy of permit if available.)Are you aware of any repairs or alterations made to this Facility since original installation?Explain:

Approximate date of last Facility inspection and/or pumping of septic tank:Are you aware of any past or present problems with the Facility? Explain:

NOTICE TO SELLER AND BUYER: The Arizona Department of Environmental Quality requires a Pre-TransferInspection of On-Site Wastewater Treatment Facilities on re-sale properties.

Residential Seller’s Property Disclosure Statement (SPDS)Updated: June 2014 • Copyright © 2014 Arizona Association of REALTORS®.All rights reserved.

253. Are you aware of any past or present problems with the sewer? Explain:254. Is the Property served by an On-Site Wastewater Treatment Facility? (If no, skip to line 267.)255. If yes, the Facility is: Conventional septic system Alternative system; type:

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THE BASICS | BUYERWHAT TO KNOW

The Tax Benefits of OwningThe tax deductions you're eligible to take for mortgage interest* and property taxes greatly increase the financialbenefits of home ownership. Let's work through a hypothetical situation to see how it works.

If we assume the following:

$9,877 Mortgage interest paid (a loan of $150,000 for 30 years, at 7 percent, using year-five interest)+$2,700 Property taxes (at 1.5 percent on $180,000 assessed value)$12,577 Total deduction

Then, multiply your total deduction by your tax rate.**

For example, at a 28 percent tax rate: $12,577 x 0.28 = $3,521.56

$3,521.56 = Amount by which you have lowered your federal income tax*Mortgage interest may not be deductible on loans over $1.1 million. In addition, deductions are decreased when totalincome reaches a certain level.

**The rate at which you're taxed is determined by your tax bracket, which in turn is determined by how much youearned in a given year along with your filing status (single, married filing jointly, married filing separately, or head ofhousehold). IRS Publication 501 will help you determine your rate.

Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com

Mountain Lake Realty, 1600 Outer Loop Rd Chino Valley, Arizona 86323 (928)533-6593 (928)533-6593 UntitledThomas Mastromatto

ADDENDUM Document updated:

June 1993





consult your attorney, tax advisor or professional consultant.

1. This is an addendum originated by the: Seller Buyer Landlord Tenant.

2. This is an addendum to the Contract dated between the following Parties:MO/DA/YR

3. Seller/Landlord:

4. Buyer/Tenant:

5. Premises:

6. The following additional terms and conditions are hereby included as a part of the Contract between Seller and Buyer for the above referenced Premises:

7.8.9.

10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.

42. The undersigned agrees to the additional terms and conditions and acknowledges receipt of a copy hereof.

43.

44. Seller Buyer MO/DA/YR

45. Landlord Tenant

46.

47.

48.

49. For Broker Use Only:

Brokerage File/Log No. Manager's Initials Broker's Initials Date

Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

MO/DA/YR

MO/DA/YR

MO/DA/YR

MO/DA/YR

Phone: Fax:


Addendum • Updated: June 1993 • Copyright © 1993 Arizona Association of REALTORS®. All rights reserved.

REAL SOLUTIONS. REALTOR® SUCCESS


Mountain Lake Realty, 1600 Outer Loop Rd Chino Valley, Arizona 86323(928)533-6593 (928)533-6593 Thomas Mastromatto Untitled


June 1993








3. Seller/Landlord:

4. Buyer/Tenant:

5. Premises:


7.8.9.

10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.


43.


45. Landlord Tenant

46.

47.

48.



Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

MO/DA/YR

MO/DA/YR

MO/DA/YR

MO/DA/YR

Phone: Fax:





Mountain Lake Realty, 1600 Outer Loop Rd Chino Valley, Arizona 86323(928)533-6593 (928)533-6593 UntitledThomas Mastromatto


June 1993








3. Seller/Landlord:

4. Buyer/Tenant:

5. Premises:


7.8.9.

10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.


43.


45. Landlord Tenant

46.

47.

48.



Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

MO/DA/YR

MO/DA/YR

MO/DA/YR

MO/DA/YR

Phone: Fax:







June 1993








3. Seller/Landlord:

4. Buyer/Tenant:

5. Premises:


7.8.9.

10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.


43.


45. Landlord Tenant

46.

47.

48.



Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

MO/DA/YR

MO/DA/YR

MO/DA/YR

MO/DA/YR

Phone: Fax:







June 1993








3. Seller/Landlord:

4. Buyer/Tenant:

5. Premises:


7.8.9.

10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.


43.


45. Landlord Tenant

46.

47.

48.



Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

Seller Buyer

Landlord Tenant

MO/DA/YR

MO/DA/YR

MO/DA/YR

MO/DA/YR

Phone: Fax:






TO ENSURE THAT YOU HAVE THE MOST

UP-TO-DATE AFFIDAVIT OF DISCLOSURE, PLEASE

CHECK HTTP://WWW.AARONLINE.COM

Phone: Fax:



Pursuant to A.R.S. §33-422, a seller of five or fewer parcels of land, other than subdivided land, in an

unincorporated area of a county, and any subsequent seller of such a parcel, shall furnish a written affidavit of

disclosure, in substantially the same form set forth in the statute, to the buyer at least seven days before the

transfer of the property. The buyer shall acknowledge receipt of the affidavit. The buyer has the right to rescind

the sales transaction for a period of five days after receipt of the affidavit of disclosure. The seller must record

the executed affidavit of disclosure at the same time that the deed is recorded.

Phone: Fax:


Affidavit of Disclosure

Various statutes are referred to in the Affidavit of Disclosure. The seller should review these statutes before

completing the Affidavit. Arizona statutes are available at www.azleg.state.az.us/ArizonaRevisedStatutes.asp.

The Affidavit of Disclosure also refers to various maps and information available on the State Real Estate

Department's ("ADRE") website at www.azre.gov/.

The Affidavit of Disclosure should be used in conjunction with any other appropriate seller's property

disclosure statement or other seller disclosure documentation.

No representation is made as to the legal validity or adequacy of the following Affidavit of Disclosure

or the consequences thereof. If you desire legal advice, tax or other professional advice, please contact

your attorney, tax advisor or other professional consultant.

The Legislature frequently adds to the Affidavit of Disclosure. The following Affidavit of Disclosure

form may not be updated or revised for accuracy as statutory or case law changes.

You should not act upon this information without seeking independent legal counsel.

www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/00422.htm&Title=33&DocType=ARS

Review the statutory requirements for the Affidavit at:

October 2011

Mountain Lake Realty, 1600 Outer Loop Rd Chino Valley, Arizona 86323Untitled(928)533-6593 (928)533-6593 Thomas Mastromatto

WHEN RECORDED MAIL TO:

AFFIDAVIT OF DISCLOSURE

PURSUANT TO A.R.S. §33-422

I, (“Seller(s)”) being duly sworn, hereby make this

Affidavit of Disclosure relating to the real property situated in the unincorporated area of:

County, State of Arizona, located at:

legally described as:

(Legal Description attached hereto as Exhibit “A”)

(“Property”).

1. There is is not… legal access to the Property, as defined in A.R.S. §11-831. Unknown

Explain:

2. There is is not…physical access to the Property. Unknown

3. There is is not…a statement from a licensed surveyor or engineer available stating whether the

Property has physical access that is traversable by a two-wheel drive passenger motor vehicle.

4. The legal and physical access to the Property is is not… the same. Unknown Not applicable

Produced with ZipForm® by zipLogix, 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com

and

Explain:

Explain:

October 2011

Untitled

the roads and roads that are not improved to county standards and accepted for maintenance are not

the county’s responsibility.

6. A portion or all of the Property is is not…located in a FEMA designated regulatory floodplain.

If the property is in a floodplain, it may be subject to floodplain regulation.

8. The following services are currently provided to the Property: water sewer electric natural

single party telephone cable television services.

The Property is served by a private well

a shared well no well. If served by a shared well, the shared well

defined by the Safe Drinking Water Act (42 United States Code §300f).

Notice to buyer: if the property is served by a well, private water company or a municipal water provider the

Arizona Department of Water Resources may not have made a water supply determination. For more

information about water supply, contact the water provider.

11. The Property does does not …have an on-site wastewater treatment facility (i.e., standard septic or

alternative system to treat and dispose of wastewater). Unknown. If applicable: a) the Property

will will not…require installation of an on-site wastewater treatment facility; b) The on-site wastewater

treatment facility has has not… been inspected.

12. The Property has has not …been subject to a percolation test. Unknown

13. The Property does does not…meet the minimum applicable county zoning requirements of the

applicable zoning designation.


gas

7. The Property is is not…subject to Fissures or Expansive Soils Unknown

Explain:

9. The Property is is not…served by a water supply that requires the transportation of water to the

Property.

10. a private water company a municipal water provider

is is not…a public water system, as

If access to the parcel is not traversable by emergency vehicles, the county and emergency service

providers may not be held liable for any damages resulting from the inability to traverse the access to

provide needed services.

5. The road(s) is/are publicly maintained privately maintained not maintained not

applicable. If applicable, there is is not…a recorded road maintenance agreement.

If the roads are not publicly maintained, it is the responsibility of the Property owner(s) to maintain

October 2011

Untitled

military facility the Property is required to comply with sound attenuation standards as prescribed by A.R.S.

§28-8482. (Maps are available at the State Real Estate Department’s website.)

18. The Property is is not located under military restricted airspace. Unknown.

(Maps are available at the State Real Estate Department’s website.)


20. Use of the Property is is not limited in any way relating to an encumbrance of title due to a lis

pendens, a court order or a state real estate department order of a pending legal action. If the use of the property

is limited due to an encumbrance of title, the seller or property owner shall disclose the limitations to the buyer.

Explain:

19. The Property is is not located in a military electronics range as defined in A.R.S. §9-500.28 and

A.R.S. §11-818. Unknown. (Maps are available at the State Real Estate Department’s website.)

14. The sale of the Property does does not… meet the requirements of A.R.S. §11-831 regarding land

divisions. If those requirements are not met, the property owner may not be able to obtain a building permit.

The seller or property owner shall disclose each of the deficiencies to the buyer.

Explain:

15. The Property is is not located in the clear zone of a military airport or ancillary military facility, as

defined in A.R.S. §28-8461. (Maps are available at the State Real Estate Department's website.)

16. The Property is is not located in the high noise or accident potential zone of a military airport or

ancillary military facility, as defined in A.R.S. §28-8461. (Maps are available at the State Real Estate

Department’s website.)

17. Notice: If the Property is located within the territory in the vicinity of a military airport or ancillary

October 2011

Untitled

I certify under penalty of perjury that the information contained in this affidavit is true, complete and

correct according to my best belief and knowledge.

Dated this day of by:

Seller’s name (print): Signature:

Seller’s name (print): Signature:

STATE OF ARIZONA

County of )

)

)

ss.

SUBSCRIBED AND SWORN before me this day of ,

(DATE) (YEAR)

(DATE) (YEAR)

by

My commission expires:

Notary Public

Buyer(s) hereby acknowledges receipt of a copy of this Affidavit of Disclosure this

day of(DATE) (YEAR)

Buyer’s name (print):

Signature:

Buyer’s name (print):

(DATE)

This Affidavit of Disclosure supersedes any previously recorded Affidavit of Disclosure.


Signature:

October 2011

Untitled

Contract Dated:

Buyer:

Escrow Company:

Premises Address:

Buyer has received notice that the Premises has failed to appraise for the sales price and

pursuant to Section 2m of the Contract, Buyer elects to cancel this Contract and receive a

refund of the Earnest Money.

Buyer has received notice that the Premises has failed to appraise for the sales price and

does not elect to cancel the Contract. Buyer acknowledges that the appraisal contingency

shall be waived and if Buyer is unable to obtain loan approval without conditions due to

the waiver of the appraisal contingency Buyer shall be in breach of Contract (after

expiration of the Cure Period) and Seller shall retain Buyer’s Earnest Money.

^ BUYER’S SIGNATURE MO/DA/YR ^ BUYER’S SIGNATURE MO/DA/YR

Phone: Fax:


PURCHASE CONTRACT ("CONTRACT")AAR RESIDENTIAL RESALE REAL ESTATEAPPRAISAL CONTINGENCY NOTICE

Seller:

Appraisal Contingency Notice Copyright © Arizona Association of REALTORS®. All rights reserved.







Document updated:

August 2013



Document updated:

September 2015






Phone: Fax:


"As Is" Addendum • Updated:September 2015 • Copyright © 2015 Arizona Association of REALTORS®. All rights reserved.

"AS IS" ADDENDUM

41.

42.

Seller:

Buyer:

Premises Address:

Date:

5. The following additional terms and conditions are hereby included as a part of the Contract between Seller and Buyer for

4.

3.

2.

1.

6.7.

8.9.

10.11.12.13.14.

15.16.17.18.

19.20.21.22.

the above referenced Premises. All terms and conditions of the Contract are hereby included herein and delivery of allnotices and documentation shall be deemed delivered and received when sent as required by Section 8m of the Contract.

Seller and Buyer agree that the Premises is being sold in its existing condition ("AS IS") and Seller makes no warrantyA.to Buyer, either express or implied, as to the (1) condition of the Premises, including, but not limited to, Seller’sWarranties in Lines 172-174 of Section 5a, which Buyer hereby waives; (2) zoning of the Premises; or (3) Premises’fitness for any particular use or purpose. However, Seller warrants and shall maintain and repair the Premises so that,pursuant to lines 175-176, at the earlier of possession or COE, the Premises, including all additional existing personalproperty included in the sale, will be in substantially the same condition as on the date of Contract acceptance and allpersonal property not included in the sale and all debris will be removed from the Premises.

B.

C.

D.

E.

F.

Buyer is advised to conduct independent inspection(s) and investigations regarding the Premises within theInspection Period as specified in Section 6a. Buyer retains the rights pursuant to Section 6j. Seller shall notbe obligated to correct any defects that may be discovered during Buyer's inspection(s) andinvestigations or otherwise.

Notwithstanding the foregoing, if an On-Site Wastewater Treatment Facility (conventional septic or alternativesystem) ("Facility") has been installed on the Premises, Seller and Buyer agree to complete and execute the AAROn-Site Wastewater Treatment Facility Addendum and Seller agrees to pay for the Facility inspections, fees orrepairs as set forth therein.

23.24.

25.26.27.

28.

29.

30.

31.32.33.34.35.36.37.38.39.40.

Seller acknowledges that selling the Premises "AS IS" does not relieve Seller of the legal obligation to disclose allknown material latent defects to Buyer.

In the event that any provision contained in this Addendum conflicts in whole or in part with any of the termscontained in the Contract, the provisions of this Addendum shall prevail and the conflicting terms are herebyconsidered deleted and expressly waived by both Buyer and Seller.

Other Terms and Conditions:

^ BUYER'S SIGNATURE MO/DA/YR ^ BUYER'S SIGNATURE MO/DA/YR

^ SELLER'S SIGNATURE MO/DA/YR ^ SELLER'S SIGNATURE MO/DA/YR

building codes, governmental regulations, insurance or any other matter relating to the value or condition of the Premises.

BUYER ACKNOWLEDGES THAT BUYER IS HEREBY ADVISED TO SEEK APPROPRIATE COUNSEL REGARDINGTHE RISKS OF BUYING A PROPERTY IN "AS IS" CONDITION.Buyer recognizes, acknowledges, and agrees that Broker(s) are not qualified, nor licensed, to conduct due diligence with respectto the premises or the surrounding area. Buyer is instructed to consult with qualified licensed professionals to assist in Buyer's duediligence efforts. Because conducting due diligence with respect to the premises and the surrounding area is beyond the scope of the Broker's expertise and licensing, Buyer expressly releases and holds harmless Broker(s) from liability for any defects or conditionsthat could have been discovered by inspection or investigation. Seller and Buyer hereby expressly release, hold harmless andindemnify Broker(s) in this transaction from any and all liability and responsibility regarding financing, the condition,square footage, lot lines, boundaries, value, rent rolls, environmental problems, sanitation systems, roof, wood infestation,


For Broker Use Only:

Brokerage File/Log No. Manager's Initials Broker's Initials DateMO/DA/YR



COUNTER OFFER

12.

Date:

between the following Parties:MO/DA/YR

Date:

Time:

This is a Counter Offer originated by the:

Acceptance of the above Offer and/or Counter Offer is contingent upon agreement to the following:

Offer

Seller Buyer Landlord

Landlord

Tenant.

This is a Counter Offer to the

at

Date:

Time:

Time:

Landlord TenantBuyer

Time:

Buyer

Date:

7.

Counter Offer dated

Premises Address:

Buyer/Tenant:

6.

1.

2.

3.

4.

Seller/Landlord:

5.

8.9.

Seller

10.11.

40.

37.38.

39.

43.

45.

41.

42.

Time for acceptance: Unless acceptance of this Counter Offer is signed by all parties and a signed copy delivered pursuant

44.

46.

47.

48.

Buyer

Tenant

Seller

Seller

Landlord Tenant

Seller Buyer Landlord Tenant

Phone: Fax:


Document updated:

February 2011

Counter Offer • Updated: February 2011 • Copyright © 2011 Arizona Association of REALTORS®. All rights reserved.


a.m. p.m.






to Section 8m of the Contract and received by the originating party’s Broker named in Contract Section 8r or 9a as applicable, Mountain Standard Time, this Counter Offer shall be considered withdrawn.

Except as otherwise provided in this Counter Offer, the Parties accept and agree to all terms and conditions of the above offer /counter offer. Until this Counter Offer has been accepted in the manner described above, the Parties understand that the Premisescan be sold or leased to someone else or either Party may withdraw the offer to buy, sell, or lease the Premises. The undersignedacknowledges receipt of a copy hereof.

RESPONSE

by

An additional Counter Offer is attached, and is incorporated by reference. If there is a conflict between this Counter Offer and theadditional counter offer, the provisions of the additional counter offer shall be controlling.

Date: Time:


Date: Time:


ACCEPTANCEThe undersigned agrees to the terms and conditions of this Counter Offer and acknowledges receipt of a copy hereof.

25.26.27.28.29.30.31.

32.

33.

34.

35.

36.

For Broker Use Only:Brokerage File/Log No. Manager's Initials Broker's Initials Date

MO/DA/YR(Added February 2012)

13.14.15.16.17.18.19.20.

21.22.23.24.


Mountain Lake Realty, 1600 Outer Loop Rd Chino Valley, Arizona 86323Thomas Mastromatto

(928)533-6593Untitled

(928)533-6593

COUNTER OFFER

12.

Date:

between the following Parties:MO/DA/YR

Date:

Time:

This is a Counter Offer originated by the:

Acceptance of the above Offer and/or Counter Offer is contingent upon agreement to the following:

Offer

Seller Buyer Landlord

Landlord

Tenant.

This is a Counter Offer to the

at

Date:

Time:

Time:

Landlord TenantBuyer

Time:

Buyer

Date:

7.

Counter Offer dated

Premises Address:

Buyer/Tenant:

6.

1.

2.

3.

4.

Seller/Landlord:

5.

8.9.

Seller

10.11.

40.

37.38.

39.

43.

45.

41.

42.

Time for acceptance: Unless acceptance of this Counter Offer is signed by all parties and a signed copy delivered pursuant

44.

46.

47.

48.

Buyer

Tenant

Seller

Seller

Landlord Tenant


Phone: Fax:


Document updated:

February 2011

Counter Offer • Updated: February 2011 • Copyright © 2011 Arizona Association of REALTORS®. All rights reserved.


a.m. p.m.






to Section 8m of the Contract and received by the originating party’s Broker named in Contract Section 8r or 9a as applicable, Mountain Standard Time, this Counter Offer shall be considered withdrawn.

Except as otherwise provided in this Counter Offer, the Parties accept and agree to all terms and conditions of the above offer /counter offer. Until this Counter Offer has been accepted in the manner described above, the Parties understand that the Premisescan be sold or leased to someone else or either Party may withdraw the offer to buy, sell, or lease the Premises. The undersignedacknowledges receipt of a copy hereof.

RESPONSE

by

An additional Counter Offer is attached, and is incorporated by reference. If there is a conflict between this Counter Offer and theadditional counter offer, the provisions of the additional counter offer shall be controlling.

Date: Time:


Date: Time:


ACCEPTANCEThe undersigned agrees to the terms and conditions of this Counter Offer and acknowledges receipt of a copy hereof.

25.26.27.28.29.30.31.

32.

33.

34.

35.

36.



(Added February 2012)

13.14.15.16.17.18.19.20.

21.22.23.24.



(928)533-6593 (928)533-6593Untitled

CURE PERIOD NOTICE

The printed portion of this form has been drafted by the Arizona Association ofREALTORS®. Any change in the pre-printed language of this form must be made in aprominent manner. No representations are made as to the legal validity, adequacy and/oreffects of any provision, including tax consequences thereof. If you desire legal, tax or otherprofessional advice, please consult your attorney, tax advisor or professional consultant.

Contract Dated:


SIGNATURE MO/DA/YR SIGNATURE MO/DA/YR

Buyer:

Seller:

Escrow Company:

Premises Address:

of the following non-compliance with the Contract:

PURSUANT TO SECTION 7A OF THE CONTRACT

Buyer Seller

hereby delivers notice to

Buyer Seller

shall become a breach of Contract. In the event of a breach of Contract, review Section 7b through 7e of the Contract and

FOR THE AAR RESIDENTIAL RESALE REAL ESTATE PURCHASE CONTRACT (“CONTRACT”)

Document updated:

January 2009

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18. If the non-compliance is not cured within three (3) days after delivery of this notice ("Cure Period") the failure to comply

19.

20. consult independent legal counsel.

Cure Period Notice • Updated: January 2009

Phone: Fax:


21.




DOMESTIC WATER WELL/WATER USE ADDENDUM

Document updated:

November 2013






Domestic Water Well/Water Use Addendum ("SPDS") • November 2013 • Copyright © 2013 Arizona Association of REALTORS®. All rights reserved.

SELLER'S PROPERTY DISCLOSURE STATEMENT ("SPDS")(TO BE COMPLETED BY SELLER IF PROPERTY IS SERVED BY A WATER WELL)

1. This is an Addendum to the SPDS dated:

2. Seller:

3. Premises Address:

YES NO

4. Is the well currently registered in Seller's name? If no, explain:

5. Well Registration number: 55-

6. Solely owned or Seller owns a % interest in the well and the well is shared by householdsThe well is:

7. If a shared well, is a well agreement in effect?

8. If yes, is the well agreement recorded? If no, does a written agreement exist?

9.

Well is located: On the Property or Off10. If off site, describe location:

11.

Is the Property within an Active Management Area (AMA)? If yes, AMA name is:

12.

Are you aware of any tests, past or present, that indicate the well water may contain excessive levels of coliform,

13.

14.

Explain:

15.

Are you aware of the results of last documented well flow test for yield/recovery?

16.

If yes, Date: Gallons per minute:

17.

Are you aware of any occasion when the well failed to produce adequate water for domestic use?

18.

Explain:

19.

Are you aware of any existing problems with water pressure, well pump, pressure tank or other well equipment?

20.

Explain:

21.

NOTICE TO BUYER: You are advised to investigate current water use laws that may affect the Property if you intend to use water

22.

from a well, springs, streams, lakes, ponds, reservoirs, canyons or ravines. You are encouraged to consult independent legal counsel

23.

regarding any water use/water rights issues.

24.

GENERAL STREAM ADJUDICATIONS: General Stream Adjudications are court proceedings to determine the extent and priority of

25.

water rights in an entire river system. Arizona is undertaking a general stream adjudication of both the Gila River and the Little

26.

Colorado River systems. A river system means all water appropriable by law and all water subject to claims based upon federal law.

27.

ALL AFFECTED PROPERTY TRANSFERS SHOULD INCLUDE ASSIGNMENT OF STATEMENT OF CLAIMANT FORMS

28.

FROM SELLERS TO BUYERS. For details regarding water uses and the watersheds affected by these adjudications or

29.

to obtain necessary forms, contact the Arizona Department of Water Resources at 1-800-352-8488, 1-866-246-1414 or log

30.

on to the website www.azwater.gov (fees may apply).

31.

32.

33.

34.

35.

36.

38. Seller certifies that the information contained herein is true and complete to the best of Seller's knowledge as of the date signed.

39.^ SELLER'S SIGNATURE MO/DA/YR MO/DA/YR

40. By signing below, Buyer is only acknowledging receipt of a copy of this Addendum.

41.^ BUYER'S SIGNATURE MO/DA/YR ^ BUYER'S SIGNATURE MO/DA/YR

^ SELLER'S SIGNATURE

Phone: Fax:


e-coli, nitrates, arsenic or other elements considered a health hazard?


Yes No

Explain:

Does the well equipment include one or more water storage tanks?

If yes, Number of tanks ; Gallons of capacity Tanks are: above ground underground

Who performed last test?

Are there water uses on the Property other than from a domestic well, such as irrigation, stockponds, springs, streams,

lakes, ponds, reservoirs, canyons, and ravines? Explain:

To your knowledge has a Statement of Claimant been filed?

If yes, Statement of Claimant number is: 39- . (Attach a copy of Statement of Claimant if available)

37.



(928)533-6593 (928)533-6593

Untitled

H.O.A. CONDOMINIUM /

Seller:

INSTRUCTIONS: (1) Homeowner's association ("H.O.A.") information to be completed by Seller at the time of listing the Premises for sale.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

Page 1 of 3

12.

13.

H.O.A. Condominium / Planned Community Addendum • February 2015 Copyright • 2015 Arizona Association of REALTORS®. All rights reserved.

PLANNED COMMUNITY ADDENDUM

Page 1 of 3

February 2015






SELLER'S NOTICE OF H.O.A. INFORMATION

Premises Address:

Date:

(2) Upon completion, this Addendum shall be uploaded to the multiple listing service, if available, or delivered to prospective buyers upon

request prior to prospective buyer's submission of a Purchase Contract to Seller.

ASSOCIATION(S) GOVERNING THE PREMISES

H.O.A.: Contact info:

Management Company (if any): Contact info:

Amount of Dues: $ How often?:

Amount of special assessments (if any): $ How often?: Start Date:MO/DA/YR

End Date:MO/DA/YR

Master Association (if any): Contact info:

Management Company (if any): Contact info:


Amount of special assessments (if any): $ How often?: Start Date: End Date:MO/DA/YR MO/DA/YR

Other: Contact info:


FEES PAYABLE UPON CLOSE OF ESCROW

Transfer Fees: Association(s) fees related to the transfer of title. H.O.A. $ Master Association $ .

Capital Improvement Fees, including, but not limited to, those fees labeled as community reserve, asset preservation, capital reserve, working

capital, community enhancement, future improvement fees, or payments. H.O.A. $ Master Association $ .

Prepaid Association(s) Fees: Dues, assessments, and any other association(s) fees paid in advance of their due date. H.O.A. $

Master Association $ .

Disclosure Fees: Association(s) Management/Company(ies) costs incurred in the preparation of a statement or other documents furnished

by the association(s) pursuant to the resale of the Premises for purposes of resale disclosure, lien estoppels and any other services related

to the transfer or use of the property. Pursuant to Arizona law, Disclosure Fees cannot be more than an aggregate of $400.00 per association.

As part of the Disclosure Fees, each association may charge a statement or other documents update fee of no more than $50.00 if thirty (30)

days or more have passed since the date of the original disclosure statement or the date the documents were delivered. Additionally, each

association may charge a rush fee of no more than $100.00 if rush services are required to be performed within seventy-two (72) hours after

the request. H.O.A. $ Master Association $ .

Other Fees: $ Explain: .

SELLER CERTIFICATION: By signing below, Seller certifies that the information contained above is true and complete to the best of Seller's

actual knowledge as of the date signed. Broker(s) did not verify any of the information contained herein.


Phone: Fax:



If the homeowner's association has less than 50 units, no later than ten (10) days after Contract acceptance, the Seller shall provide in36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

Page 2 of 3

47.

48.


H.O.A. Condominium / Planned Community Addendum >>

Page 2 of 3

ADDITIONAL OBLIGATIONS

writing to Buyer the information described below as required by Arizona law.

described below to Buyer within ten (10) days after receipt of Seller's notice.

INFORMATION REQUIRED BY LAW TO BE PROVIDED TO BUYER:

1. A copy of the bylaws and the rules of the association.

Company is instructed to provide such notice on Seller's behalf. The association is obligated by Arizona law to provide information

Buyer to the homeowner's association within five (5) days after Contract acceptance and pursuant to Section 3d of the Contract. Escrow

If the homeowner's association has 50 or more units, Seller shall furnish notice of pending sale that contains the name and address of the

BUYER IS ALLOWED FIVE (5) DAYS AFTER RECEIPT OF THE INFORMATION FROM THE SELLER(S) OR HOMEOWNER'S ASSOCIATION

TO PROVIDE WRlTTEN NOTICE TO SELLER OF ANY ITEMS DISAPPROVED.

2. A copy of the declaration of Covenants, Conditions and Restrictions ("CC&Rs").

3. A dated statement containing:

(a) The telephone number and address of a principal contact for the association, which may be an association manager, an association

management company, an officer of the association or any other person designated by the board of directors.

(b) The amount of the common expense assessment and the unpaid common expense assessment, special assessment or

other assessment, fee or charge currently due and payable from the Seller.

(c) A statement as to whether a portion of the unit is covered by insurance maintained by the association.

(d) The total amount of money held by the association as reserves.

(e) If the statement is being furnished by the association, a statement as to whether the records of the association reflect any

alterations or improvements to the unit that violate the declaration. The association is not obligated to provide information

regarding alterations or improvements that occurred more than six years before the proposed sale. Seller remains obligated

to disclose alterations or improvements to the Premises that violate the declaration. The association may take action against

the Buyer for violations apparent at the time of purchase that are not reflected in the association's records.

(f) If the statement is being furnished by the Seller, a statement as to whether the Seller has any knowledge of any alterations

or improvements to the unit that violate the declaration.

(g) A statement of case names and case numbers for pending litigation with respect to the Premises or the association, including

the amount of any money claimed.

4. A copy of the current operating budget of the association.

5. A copy of the most recent annual financial report of the association. If the report is more than ten pages, the association may provide

a summary of the report in lieu of the entire report.

6. A copy of the most recent reserve study of the association, if any.

7. Any other information required by law.

8. A statement for Buyer acknowledgment and signature as required by Arizona law.

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Untitled

Buyer:

The following additional terms and conditions are hereby included as part of the Contract between Seller and Buyer for the

69.

71.

72.

73.

74.

75.

82.

83.

87.

91.

92.

93.

94.

95.

96.

97.

Page 3 of 3


BUYER'S ACKNOWLEDGMENT AND TERMS

Premises Address:

Date:

above referenced Premises.

Transfer Fees shall be paid by:

Brokerage File/Log No.:

ADDITIONAL TERMS AND CONDITIONS


Page 3 of 3

H.O.A. Condominium / Planned Community Addendum >>

Seller:70.

Buyer Seller Other:

76. Capital Improvement Fees shall be paid by: Buyer Seller Other:

77. Buyer shall pay all Prepaid Association Fees.

78. Seller shall pay all Disclosure Fees as required by Arizona law.

79. In a financed purchase, Buyer shall be responsible for all lender fees charged to obtain Association(s)/Management Company(ies) documents.

80. Other fees:

81.

BUYER VERIFICATION: Buyer may contact the Association(s)/Management Company(ies) for verbal verification of association FEES

PAYABLE UPON CLOSE OF ESCROW.

84.

85.

ASSESSMENTS: Any current homeowner's association assessment which is a lien as of Close of Escrow shall be paid in full by Seller.

Any assessment that becomes a lien after Close of Escrow is Buyer's responsibility.

86.

88.

89.

90.

BUYER ACKNOWLEDGMENT: By signing below, Buyer acknowledges receipt of all three (3) pages of this addendum and acknowledges

that although Seller has used best efforts to identify the amount of the fees stated herein, the precise amount of the fees may not be known

until written disclosure documents are furnished by the Association(s)/Management Company(ies) per Arizona law (A.R.S. § 33-1260 and

§ 33-1806). Buyer further acknowledges that Broker(s) did not verify any of the information contained therein. Buyer therefore agrees to hold

Seller and Broker(s) harmless should the FEES PAYABLE UPON CLOSE OF ESCROW prove incorrect or incomplete.

The undersigned agrees to the additional terms and conditions set forth above and acknowledges receipt of a copy hereof.

98.

99.

100.

101.

SELLER'S ACCEPTANCE:



Manager's Initials: Broker's Initials: Date:MO/DA/YR


AND LEAD-BASED PAINT HAZARDS (RENTALS)The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®. Any

change in the pre-printed language of this form must be made in a prominent manner. No

representations are made as to the legal validity, adequacy and/or effects of any provision, including

tax consequences thereof. If you desire legal, tax or other professional advice, please consult your

attorney, tax advisor or professional consultant.

Premises Address:

Document updated:

January 2009

1.

Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (Rentals) • Updated: January 2009 • Copyright © 2009 Arizona Association of REALTORS®. All rights reserved.

Phone: Fax:


^ LANDLORD'S SIGNATURE

^ PROPERTYMANAGER/LISTING AGENT'S SIGNATURE

DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT

2. Lead Warning Statement: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health3. hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Lead poisoning in young children4. may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired5. memory. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the6. dwelling. Tenants must also receive a federally-approved pamphlet on lead poisoning prevention.

LANDLORD’S DISCLOSURE (Landlord must complete and initial sections a, b and c below)

7. (a) Lead-based paint and/or lead-based paint hazards (check 1 or 2 below):8. 1. Landlord is aware that lead-based paint and/or lead-based paint hazards are present in the residence(s) and/or building(s)

included in this rental. (Explain)9.

10. 2. Landlord has no knowledge of any lead-based paint and/or lead-based paint hazards in the residence(s) and building(s)

11. included in this rental.12.

LANDLORD LANDLORD

(LANDLORD’S INITIALS REQUIRED)

13.

1. Landlord has provided the tenant with all available records and reports relating to lead-based paint and/or lead-based paint hazards in

(b) Records and reports available to the landlord (check 1 or 2 below):

14.

15. the residence(s) and building(s) included in this rental. (List documents)

16. 2. Landlord has no records or reports relating to lead-based paint and/or lead-based paint hazards in the residence(s) and

17. building(s) included in this rental.18. (LANDLORD’S INITIALS REQUIRED)

LANDLORD LANDLORD

19. Landlord acknowledges his obligation to disclose to any real estate agent(s) to whom the landlord directly or indirectly is to pay20. compensation with regard to the transaction contemplated by this disclosure any known lead-based paint or lead-based paint21. hazards in the premises to be rented, as well as the existence of any reports or records relating to lead-based paint or lead-based22. paint hazards in the premises to be rented. Landlord further acknowledges that this disclosure accurately reflects the entirety of23. the information provided by the landlord to the agent(s) with regard to lead-based paint, lead-based paint hazards, and lead-based

(c)

(LANDLORD’S INITIALS REQUIRED)

LANDLORD LANDLORD

TENANT’S ACKNOWLEDGMENT (Tenant must complete and initial sections a and b below)

25. (a) Tenant has read the information set forth above, and has received copies of the reports, records, or other materials referenced

27. (TENANT’S INITIALS REQUIRED)

TENANT TENANT28. (b) Tenant has received the pamphlet Protect Your Family From Lead in Your Home.

29. (TENANT’S INITIALS REQUIRED)

TENANT TENANT

AGENT’S ACKNOWLEDGMENT (Any real estate agent who is to receive compensation from the landlord or theproperty manager with regard to the transaction contemplated in this disclosure must initial below.)

30. The agent(s) whose initials appear below has (have) ensured the landlord’s compliance under the Residential Resale Lead-Based Paint31. Hazard Reduction Act of 1992 by the landlord’s use and completion of this disclosure form.

32. (AGENT’S INITIALS REQUIRED)

PROPERTY MANAGER/LISTING AGENT LEASING AGENT

33. By signing below, each signatory acknowledges that he or she has reviewed the above information, and certifies that, to the best of his or her34. knowledge, the information provided by the signatory is true and accurate.

MO/DA/YR

37.^ LEASING AGENT'S SIGNATURE MO/DA/YR

MO/DA/YR

36.

35.^ LANDLORD'S SIGNATURE MO/DA/YR ^ TENANT'S SIGNATURE MO/DA/YR

^ TENANT'S SIGNATURE MO/DA/YR

Page 1 of 2

24. paint risk-assessment or inspection reports and records.

26. above, if any.

CERTIFICATION OF ACCURACY

Page 1 of 2




(928)533-6593 (928)533-6593Untitled

Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (Rentals) • Updated: January 2009 • Copyright © 2009 Arizona Association of REALTORS®. All rights reserved.

Information on Lead-Based Paint and Lead-Based Paint Hazards (Rentals) >>Page 2 of 2

Lead-Based Paint Disclosure:Tips for Rentals of Residential Properties — Steps for REALTORS® to follow

NOTE: The lead-based paint disclosure requirements apply to all real estate agents involved in the transaction except for tenant’s agents

receiving compensation from the tenant only. The following recommended steps are provided to help REALTORS® meet the law’s obligations in

a typical residential rental transaction.

1. When entering into an agreement to manage a property,the property manager/listing agent (hereinafter “propertymanager”) should determine if the property is “target housing”(generally, built before January 1,1978). This can generally beaccomplished by asking the landlord/owner (“the owner”). Ifthe owner doesn’t know, the property manager should consultproperty records.

5. The property manager should disclose to potential leasingagents that the listed property is target housing, probablythrough the MLS or other offerings to REALTORS®.

The property manager should also determine if the propertyfalls within an exemption from the lead-based paintdisclosure requirements. For example, if a certified inspectorhas determined that the property is free from lead-basedpaint and lead-based paint hazards, or if the lease is for lessthan 100 days with no opportunity for renewal or extension,the disclosure requirements will not apply. Even if anexemption applies, the property manager should have theowner complete and sign the disclosure form,acknowledging in writing the claimed basis for theexemption. If an exemption applies, the disclosure form neednot be given to potential tenants.

2. The lead-based paint disclosure requirements becameeffective for all “target housing” on December 6, 1996. Alltarget housing will require the following steps.

3. If the property is target housing, the property managermust advise the owner of certain obligations, namely thefollowing: 1) disclose to the tenant known lead-based paint orlead-based paint hazards; 2) provide the tenant any existingrecords, test results, reports, or other known lead-based paintinformation related to the presence of lead-based paint orlead-based paint hazards in the property, if any; 3) provide thetenant with the pamphlet Protect Your Family From Lead inYour Home (EPA approved lead-based paint hazardinformation pamphlet); and 4) include disclosure andacknowledgment language as part of the rental contract oraddenda. (NOTE: The law does not require that all interestedtenants must be informed, only the actual tenant.)

4. The property manager should have the owner complete,initial and sign the disclosure form. The property managershould obtain from the landlord any records, test results,reports, or other lead-based paint information related to thepresence of lead-based paint or lead-based paint hazards inorder to be ready to provide copies to a tenant making an offerto rent the property. The property manager should then initialand sign the form.


Page 2 of 2

6. The leasing agent (the agent working with the tenant whoexpects to be paid by the property manager or the owner —whether it be tenant’s agent, subagent, “facilitator,” orwhatever) also has an obligation to ensure the owner’scompliance. If the disclosure form has not been provided bythe property manager, the leasing agent should provide thedisclosure form to the property manager for the owner tocomplete and sign, or directly to the owner if no propertymanager is involved.

7. When the tenant is ready to make an offer on targethousing, the leasing agent should provide the tenant with acopy of the disclosure form signed by the owner and theproperty manager, together with related test results andrecords, if any, and a copy of Protect Your Family From Leadin Your Home. Ideally, these documents will be obtained bythe leasing agent from the property manager before the offeris signed by the tenant, but the signed disclosure form withattachments must be provided to the tenant before the offer torent is accepted by the owner.

8. The disclosure form must be initialed and signed by thetenant and the leasing agent, which should be done after theowner and the property manager have initialed and signed theform. (By initialing line 32 of the AAR Disclosure of Information onLead-Based Paint and Lead-Based Paint Hazards (Rentals) form,signing the Certification, and complying with the other termsof this AAR form, both the property manager and leasing agentwill have met their obligations under the law.)

Untitled

AND LEAD-BASED PAINT HAZARDS (SALES)The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®. Any

change in the pre-printed language of this form must be made in a prominent manner. No

representations are made as to the legal validity, adequacy and/or effects of any provision, including

tax consequences thereof. If you desire legal, tax or other professional advice, please consult your

attorney, tax advisor or professional consultant.

Premises Address:

Document updated:

January 2009

1.

Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (Sales) • Updated: January 2009 • Copyright © 2009 Arizona Association of REALTORS®. All rights reserved.

Phone: Fax:


^ SELLER'S SIGNATURE

^ LISTING AGENT'S SIGNATURE

DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT

2. Lead Warning Statement: Every buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is3. notified that such property may present exposure to lead from lead-based paint, which may place young children at risk of developing lead4. poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced5. intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.6. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk7. assessments or inspections in the seller’s possession and to notify the buyer of any known lead-based paint hazards. A risk assessment or8. inspection for possible lead-based paint or lead-based paint hazards is recommended prior to purchase.

SELLER’S DISCLOSURE (Seller must complete and initial sections a, b and c below)1.9. (a) Lead-based paint and/or lead-based paint hazards (check either 1 or 2 below):

10. 1. Seller is aware that lead-based paint and/or lead-based paint hazards are present in the residence(s) and/or building(s) included

in this sale. (Explain)11.

12. 2. Seller has no knowledge of any lead-based paint and/or lead-based paint hazards in the residence(s) and building(s) included

13. in this sale.14.

SELLER SELLER

(SELLER’S INITIALS REQUIRED)

15.

1. Seller has provided the buyer with all available records and reports relating to lead-based paint and/or lead-based paint hazards in

(b) Records and reports available to the seller (check either 1 or 2 below):

16.

17. the residence(s) and building(s) included in the sale. (List documents)

18. 2. Seller has no reports or records relating to lead-based paint and/or lead-based paint hazards in the residence(s) and building(s)

19. included in this sale.20. (SELLER’S INITIALS REQUIRED)

SELLER SELLER

21. Seller acknowledges Seller’s obligation to disclose to any real estate agent(s) to whom the seller directly or indirectly is to pay compensation22. with regard to the transaction contemplated by this disclosure any known lead-based paint or lead-based paint hazards in the premises to be23. sold, as well as the existence of any reports or records relating to lead-based paint or lead-based paint hazards in the premises to be sold.Seller24. further acknowledges that this disclosure accurately reflects the entirety of the information provided by the seller to the agent(s) with regard to25. lead-based paint, lead-based paint hazards, and lead-based paint risk-assessment or inspection reports and records.

(c)

(SELLER’S INITIALS REQUIRED)26.

SELLER SELLER

2. BUYER’S ACKNOWLEDGMENT (Buyer must complete and initial sections a, b and c below)

27. (a) Buyer has read the information set forth above, and has received copies of the reports, records, or other materials listed above, if any.

28. (BUYER’S INITIALS REQUIRED)

BUYER BUYER29. (b) Buyer has received the pamphlet Protect Your Family From Lead in Your Home.


BUYER BUYER31. (c) Buyer has (check one):

32. Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the33. presence of lead-based paint and/or lead-based paint hazards; or34. Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or35. lead-based paint hazards.


BUYER BUYER

3. AGENT’S ACKNOWLEDGMENT (Any real estate agent who is to receive compensation from the seller or the listingagent with regard to the transaction contemplated in this disclosure must initial below.)

37. The agent(s) whose initials appear below has (have) ensured the seller’s compliance under the Residential Resale Lead-Based Paint Hazard38. Reduction Act of 1992 by the seller’s use and completion of this disclosure form.

39. (AGENT’S INITIALS REQUIRED)

LISTING AGENT COOPERATING AGENT

40. Certification of Accuracy: By signing below, each signatory acknowledges that he or she has reviewed the above information, and41. certifies that, to the best of his or her knowledge, the information provided by the signatory is true and accurate.

MO/DA/YR

44.^ COOPERATING AGENT'S SIGNATURE MO/DA/YR

MO/DA/YR

43.

42.^ SELLER'S SIGNATURE MO/DA/YR ^ BUYER'S SIGNATURE MO/DA/YR

^ BUYER'S SIGNATURE MO/DA/YR




(928)533-6593 (928)533-6593Untitled

1. This is a Multiple Counter Offer originated by the Seller to the:

2. Offer Counter Offer dated between the following Parties:

3. Seller:

4. Buyer:


6. Acceptance of the above Offer and/or Counter Offer is contingent upon agreement to the following:

BUYER RESPONSE

22. An additional counter/multiple counter offer is attached and is incorporated by reference.23. Buyer should sign both this Multiple Counter Offer and the additional counter/multiple counter offer. If there is a conflict between this24. Multiple Counter Offer and the additional counter/multiple counter offer, the provisions of the additional counter/multiple counter offer25. shall be controlling.

26. Buyer: Date: Time:

27. Date: Time:Buyer:

Phone: Fax:


MULTIPLE COUNTER OFFER Document updated:

February 2012

Multiple Counter Offer • Updated: February 2012


7. Seller is making one or more counter offer(s) to other prospective buyers on terms that may or may not be the same as8. contained herein. Acceptance of this Multiple Counter Offer by Buyer shall not be binding unless and until it is9. subsequently finally accepted by Seller and the final acceptance is delivered per Section 8m of the Contract to the

10. Buyer’s Broker within the time specified (“Final Acceptance”). Until Final Acceptance, the parties understand that the11. Premises can be sold to someone else and/or either party may withdraw any offer/counter offer to buy or sell the Premises.12.13.14.15.16.17. Unless acceptance of this Multiple Counter Offer is signed by Buyer and a signed copy delivered pursuant to Section 8m of the18. Contract and received by Broker named in Contract Section 9a by at p.m., Mountain19. Standard Time, this Multiple Counter Offer shall be considered withdrawn. Seller acknowledges receipt of a copy hereof.

20. Seller: Date: Time:



BUYER ACCEPTANCE

28. The Buyer agrees to the terms and conditions of this Multiple Counter Offer and acknowledges receipt of a copy hereof.

32.

33.

Buyer: Date: Time:

Buyer: Date: Time:

PAGE 1 of 2

>>






a.m. /

Unless final acceptance of this Multiple Counter Offer is signed by Seller and a signed copy delivered pursuant to Section 8m of theContract and received by Broker named in Contract Section 8r by at a.m. / p.m., MountainStandard Time, Buyer's acceptance shall be considered withdrawn.

29.30.31.



(928)533-6593 (928)533-6593Untitled

SELLER RESPONSE

34. An additional counter/multiple counter offer is attached and is incorporated by reference.35. Seller should sign both this Multiple Counter Offer and the additional counter/multiple counter offer. If there is a conflict between this36. Multiple Counter Offer and the additional counter/multiple counter offer, the provisions of the additional counter/multiple counter offer37. shall be controlling.


39. Date: Time:Seller:

Multiple Counter Offer • Updated: February 2012


SELLER FINAL ACCEPTANCE

40. Signature by Seller below and delivery to Buyer or Buyer’s Broker as indicated above creates a binding agreement. Seller

43.

44.

PAGE 2 of 2

Page 2 of 2

Multiple Counter Offer


>>

Seller: Date: Time:

Seller: Date: Time:

41. revokes all other counter offers by separate notice and agrees to sell the Premises to the Buyer subject to the terms andconditions contained herein.42.


Brokerage File/Log No. Manager's Initials Broker's Initials DateMO/DA/YR(Added February 2012)

Untitled

Phone: Fax:


Notice of 2 Day Access • August 2013

To:

Premises:

and All Occupants

Landlord/Property Manager

^ LANDLORD/PROPERTY MANAGER / AUTHORIZED REPRESENTATIVE’S SIGNATURE

ADDRESS

TELEPHONE

CITY STATE ZIP CODE

Notice Delivered this

Certified or Registered mail

Receipt Number:

Hand Delivered

Acknowledgment of Hand Delivery by Tenant:

Pursuant to A.R.S. §33-1313, receipt of notice occurs when the notice is actually received, delivered in hand to the tenant, or mailed by registered or certified

mail to the tenant at the place held out by the tenant as the place for receipt of the communication or, in the absence of such designation, to the tenant’s last

known place of residence. If notice is mailed by registered or certified mail, the tenant is deemed to have received such notice on the date the notice is actually

received by tenant or five days after the date the notice is mailed, whichever occurs first.

PURSUANT TO A.R.S. §33-1343, the above-described premises will be entered and inspected on the following

Should this create an inconvenience, please contact us immediately. Failure to allow reasonable access may cause the landlord to

date:

NOTICE OF 2 DAY ACCESSDocument updated:

August 2013





consult your attorney, tax advisor or professional consultant.REAL SOLUTIONS. REALTOR® SUCCESS

1.

10.

2.

3.

4. between the hours of 9:00 A.M. and 4:00 P.M., or , which is at

5. least 2 days from the date of this notice. If you are not present at the above stated time and date, entry will still be made.

6. Additional comments/instructions:

7.

obtain injunctive relief to compel access or terminate the Lease Agreement. In either case, the landlord may recover actual damages

8.

9.

11.

pursuant to A.R.S. §33-1376(A).12.

13.

day of ,

EMAIL


14.

16.

17.

LANDLORD/PROPERTY MANAGER/AUTHORIZED REPRESENTATIVE’S PRINTED NAME

15.

MO/DA/YR

18.

19.

20.

21.

22.



Untitled

PRE-QUALIFICATION FORM Document updated:

February 2016






1.

2.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

PRE-QUALIFICATION INFORMATION

16.

Buyer is:

17.

Buyer

18.

Buyer is not relying on Seller Concessions for Buyer’s loan costs including pre-paids, impounds,

appraisal fees and Buyer’s title and escrow fees. (Note: The amount that the Seller agrees to contribute, if any,shall be established in the Contract).

19.

20.

is

Married

is

is not relying on the sale or lease of a property to qualify for this loan.

Unmarried Legally Separated

21.

Type of Loan: Conventional

22.

Occupancy Type: Primary

23.

Property Type: Single Family Residence

24.

Mobile Home

FHA VA

Secondary

Condominium

Vacant Land/Lot

USDA Other:

Non-Owner Occupied

Planned Unit Development Manufactured Home

Lender has provided Buyer with the HUD form “For Your Protection: Get a Home Inspection” (FHA loans only).

YES NO N/A

25.

Lender has completed a verbal discussion with Buyer including a discussion of income, assets and debts.

26.

Lender has obtained a Tri-Merged Residential Credit Report.

27.

Based on the information provided, Buyer can pre-qualify for a loan amount of: $

28.

assuming a monthly principal and interest loan payment of $ , provided that the total monthly

29.

payment (which includes principal, interest, mortgage insurance, property taxes, insurance, HOA fees, and flood insurance,

30.

if applicable) does not exceed: $

31.

Interest rate not to exceed: %,

32.

33.

YES

34.

35.

36.

37.

Initial Documentation Received: Lender received the following information from Buyer (additional documentation may be requested):

38.

39.

40.

Buyer has instructed, and Lender agrees to provide loan status updates on the AAR Loan Status Update form to Seller and Broker(s)

within ten (10) days of Contract acceptance pursuant to Section 2e of the Contract and upon request thereafter.

Additional comments:

NO N/A

Paystubs

W-2s

Personal Tax Returns

Corporate Tax Returns

YES NO N/A

Down Payment/Reserves Documentation

Gift Documentation

Credit/Liability Documentation

Other:

41. Buyer acknowledges receipt of a copy hereof and grants permission to Broker to submit this Pre-Qualification Form with Contract.

Phone: Fax:


Pre-Qualification Form • Updated: February 2016 • Copyright © 2016 Arizona Association of REALTORS®. All rights reserved.


42.

Purpose: This Pre-Qualification Form is to be used in conjunction with an AAR Residential Resale Real Estate Purchase Contract or

Vacant Land/Lot Purchase Contract (“Contract”).

Lender indicated on lines 36 and 37 has consulted with (“Buyer”) and submits the following:

,

Lender:COMPANY ARIZONA LICENSE #

LOAN OFFICER

NMLS #

ADDRESS CITY STATE ZIP

EMAIL PHONE FAX

LENDER INFORMATION

The lender identified below has prepared the information listed above with Buyer(s) and has completed the above action points noted.

This information does not constitute loan approval. All information provided must be approved by an underwriter, and any material

change in Buyer’s credit or financial profile will render this pre-qualification null and void.

The above pre-qualification expires on:DATE

^ LOAN OFFICER’S SIGNATURE MO/DA/YR


Other:

3. Buyer HAS NOT consulted with a lender. (If Buyer marks the box on line 3, Buyer is to complete only lines 4 and 5.)

^ BUYER’S SIGNATURE MO/DA/YR

PRINT BUYER’S NAME PRINT BUYER’S NAME

^ BUYER’S SIGNATURE MO/DA/YR

4.

5.

Fixed Interest Rate Adjustable Interest Rate Pre-Payment Penalty

ARIZONA LICENSE # NMLS #

Your actual rate, payment, and costs could be higher. Get an official Loan Estimate before choosing a loan.


Mountain Lake Realty, 1600 Outer Loop Rd Chino Valley, Arizona 86323 (928)533-6593 (928)533-6593Thomas Mastromatto Untitled

TENANT ATTACHMENT Document updated:

June 2016

ATTENTION TENANT!YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.

1. Read the entire agreement before you sign it.

2. Review the Rules & Regulations, CC&Rs and all other governing documents,especially if the property is in a homeowner's association.

3. You are strongly urged to obtain Renter's Insurance.

4. Investigate all material (important) facts.

6.

through the Tenant Advisory at http://www.aaronline.com.

Remember, you are urged to consult with an attorney, inspectors, and experts of yourchoice in any area of interest or concern in the transaction. Be cautious about verbalrepresentations, advertising claims, and information contained in a listing.

Verify anything important to you.

Read and understand your rights and obligations pursuant to theArizona Residential Landlord and Tenant Act, a copy of which can be obtainedon the Department of Housing website: www.azhousing.gov

You can obtain information about considerations when renting a property

Phone: Fax:


Tenant's Check List

Tenant Attachment • Updated: June 2016



5. If a Residential Lease Owner's Property Disclosure Statement is provided,carefully review that document. This information comes directly from the Landlord.Investigate any blank spaces.

Initials>

TENANT TENANT

This attachment is intended to be given to the Tenant prior to the submissionof any offer and is not part of the Residential Lease Agreement's terms.



RESIDENTIAL LEASE AGREEMENT

1. LANDLORD: or identified on Line 330.PROPERTY OWNER(S) (LANDLORD) NAME(S)

2. TENANT:TENANT(S) NAME(S)

3.4.5.

Premises Address:6.

City: AZ, Zip Code:7.

Personal Property Included and to be maintained in operational condition by Landlord:

Washer Dryer Refrigerator Range/Oven Dishwasher Microwave

8.

Other:

9.

Occupancy: The Premises shall be used only for residential purposes and only by the following named persons:

10.

11.

12.

Assignment and Occupancy Restrictions: Only persons listed above may occupy the Premises or any part thereof without Landlord's

13.

14.15.16.17.

Addenda Incorporated: Lead-based Paint Disclosure Move-In/Move-Out Condition Checklist18.

Other:19.

Term: The Lease Agreement shall begin on at and end on at ,MO/DA/YR TIME MO/DA/YR TIME

20.

21.22.23.24.25.

26. IF TENANT WILLFULLY FAILS TO VACATE THE PREMISES AS PROVIDED FOR IN THIS LEASE AGREEMENT, LANDLORD27. SHALL BE ENTITLED TO RECOVER AN AMOUNT EQUAL TO BUT NOT MORE THAN TWO (2) MONTHS' PERIODIC RENT OR28. TWICE THE ACTUAL DAMAGES SUSTAINED BY LANDLORD, WHICHEVER IS GREATER, AS PROVIDED FOR IN THE29. ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT ("ARLTA").

30. Earnest Money: No Earnest Money is required.

31. Earnest Money is required in the amount of $ .

32.

33.

Until offer is accepted, Landlord is entitled to lease the Premises to another tenant.

34.

Form of Earnest Money: Personal Check Cashier's Check Other:

35.

Upon acceptance of this offer by Landlord, Earnest Money will be deposited with:

36.

Broker's Trust Account(PRINT BROKERAGE FIRM'S NAME)

37.

Landlord

Other:

Page 1 of 8

Document updated:June 2016




including tax consequences thereof. If you desire legal, tax or other professional advice, pleaseREAL SOLUTIONS. REALTOR® SUCCESS consult your attorney, tax advisor or professional consultant.

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Residential Lease Agreement • Updated: June 2016

Copyright © 2016 Arizona Association of REALTORS®. All rights reserved.<Initials Initials>

LANDLORD LANDLORD TENANT TENANTPage 1 of 8

at which time this Lease Agreement shall automatically continue on a month-to-month basis, with all other terms and conditions set forthherein remaining the same, unless either party provides written notice to the other of their intention to terminate the Lease Agreement.Notice to terminate the Lease Agreement at the end of the original term shall be given on or prior to the last rental due date of the originalterm. Notice to terminate, if on a month-to-month basis, shall be given thirty (30) days prior to the periodic rental due date. At leasetermination Tenant shall return all keys/garage door/entry gate openers as described herein and vacate the Premises.

prior written consent. If Tenant attempts to sublet, transfer, or assign this Lease Agreement and/or allows any persons other than those listedabove to occupy the Premises without Landlord’s prior written consent, such act shall be deemed a material non-compliance by Tenant ofthis Lease Agreement and Landlord may terminate this Lease Agreement.

Landlord and Tenant enter into this Residential Lease Agreement (“Lease Agreement”) on the terms contained herein. Landlordrents to Tenant and Tenant rents from Landlord, the real property and all fixtures and improvements thereon and appurtenancesincident thereto, plus personal property described below (collectively the “Premises”).

Phone: Fax:




Residential Lease Agreement >> Page 2 of 8

39.All Earnest Money shall consist of immediately available funds and is subject to collection. In the event any payment for Earnest Money is

40.dishonored for any reason, at Landlord's option, Landlord shall be immediately released from all obligations under this Lease Agreement by

41.42.

Rent: Tenant shall pay monthly installments of $ plus any applicable sales taxes, which are currently

43.

$ , totaling $ ("Rent") to:

44.

at: .

45.

day

46.

47.

48.49.

plus any

50.

applicable sales tax of $ , totaling $ for the prorated period beginning and ending .MO/DA/YR MO/DA/YR

51.

Note: The ARLTA prohibits a landlord from demanding or receiving security, however denominated, including, but

52.

not limited to, prepaid Rent in an amount or value in excess of one and one-half month's Rent; however theARLTA does not prohibit a Tenant from voluntarily paying more than one and one-half month's Rent in advance.

53.

The breakdown of the deposit amounts shown below is solely for the purpose of showing how such amounts

54.55.

were calculated and does not limit landlord's right to use all deposit amounts as permitted by the ARLTA.Deposits may be placed in interest-bearing accounts, which interest shall be retained by the Broker or Landlord.

56.

57.

REFUNDABLE DEPOSITS SHALL NOT BE USED AS A CREDIT TOWARDS LAST MONTH'S RENT.

58.

Initial Rent Payment:

59.

Refundable Security Deposit Due: "Security Deposit" is given to assure payment or performance under this Lease Agreement.

60.

"Security Deposit" does not include a reasonable charge for redecorating or cleaning.

61.

Security deposit: $

62.

Pet deposit: + $

63.

Cleaning deposit: + $

64.

Non-refundable Charges Due:

65.

Cleaning Fee: + $ (for additional cleaning and sanitizing of the Premises after Tenant vacates)

66.

Redecorating Fee: + $ (for periodic repair/replacement of floor and window coverings, paint and

67.

decorative items after Tenant vacates)

68.

Pet Cleaning Fee: + $ (for additional wear, tear and cleaning after Tenant vacates)

69.

Other Fee: + $ (for )

70.

Tax Due on Initial Rent and Non-refundable Charges Paid to Landlord:

71.

Sales tax charged: + $ City rental tax rate % Taxable amount $

72.

Total Required Payment: $

73.

Less Earnest Money - $

74.

BALANCE DUE (CERTIFIED FUNDS): $MO/DA/YR

75.

Refundable deposits will be held: by Landlord in Broker's Trust AccountBROKERAGE FIRM NAME

76.

77.

78.

79.80.

81.82.

Late Charges and Returned Checks: A late charge of $

83.

84.

$

$

Late or Partial Payments: The acceptance by Landlord of any late or partial payment shall not change the due date or amount ofany required payment in the future and shall not relieve Tenant of any obligation to pay the balance of the Rent and any applicablelate fees or costs.

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to be delivered to Landlord on or before

(assistive and service animals are not considered "pets")

(assistive and service animals are not considered "pets")

Rent Proration: If Rent is being prorated for a period other than a full month, Tenant shall pay onMO/DA/YR

$

These additional charges shall be collectible as Rent. If a Rent payment has been returned unpaid for any reason,Landlord shall be entitled to demand that all sums due pursuant to this Lease Agreement be paid in the form of a cashier’scheck or money order.

for all funds dishonored for any reason, in addition to the late charge provided herein.5:00 p.m. on the due date orby days after due date and shall be collectible as Rent. Tenant shall pay a charge of

shall be added to all Rent not received

38.

notice to Tenant. Upon acceptance of this Lease Agreement by all parties, all Earnest Money shall be applied to deposits and/or initial rents.

Periodic Rental Due Date: The Rent and all other accrued charges shall be due and payable no later than 5:00 p.m. on theof each month (regardless of weekends or holidays). Rent shall be payable in advance without deductions or offsets. Landlord is not requiredto accept a partial payment of Rent or other charges. If the sales tax changes during the term of this Lease Agreement, Landlord may adjustthe amount of Rent due to equal the difference caused by the tax change upon thirty (30) days notice to Tenant.

,

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88.89.90.

91. Application/Credit/Background Contingency: A credit/background report(s) application fee of $92. is due by separate payment and is non-refundable. This Lease Agreement is contingent on satisfactory verification and93. approval by Landlord of Tenant's employment, credit, banking references, income, past rental history, and criminal and/or94. other background check(s) prior to possession. Tenant consents to these credit/background check(s) by Landlord or Broker.95. Tenant shall complete a separate rental and/or credit application containing all the required information. Tenant warrants96. that the information is correct and complete and that Tenant has disclosed all pertinent information and has not withheld

any information, including, but not limited to, poor credit, early terminations of leases, evictions or bankruptcy. Tenant's97.98. material falsification of any information provided to Landlord shall entitle Landlord to terminate this Lease Agreement and99. pursue all applicable remedies, damages, court costs and reasonable attorneys' fees. The credit history of Tenant with

100. respect to this Lease Agreement may be reported to any credit bureau or reporting agency.

101. Pets (including, but not limited to animals, fish, reptiles or birds): Assistive and service animals are not considered "pets."

No pets allowed. Tenant agrees not to keep or permit any pets on the Premises without prior written consent of the Landlord.102.

103. Landlord hereby grants Tenant permission to keep the following described pet(s) on the Premises:

104. and Tenant

105. is required is not required to maintain a liability insurance policy to cover any liability incurred due to pets with a106. minimum of $ coverage and cause Landlord to become an "additional insured" under the policy.

107. Keys: Landlord agrees to deliver to Tenant keys for Premises: Door Pool Mail Box

108. Entry Gate Other: and garage door openers upon possession.109. Tenant shall pay Rent and shall remain responsible for the security of the Premises until all keys and garage door openers110. have been physically returned to Landlord/Property Manager/Authorized Representative or otherwise satisfactorily111. accounted for by Tenant. Leaving keys/garage door opener/entry gate opener in or on the Premises will not be considered112.113.114.

115. Utilities: Tenant agrees to arrange, and pay for when due, all utilities except:116.

117. Yes No If yes, explain:118.

Maintenance Responsibility: The following shall be the responsibility of the party indicated:

119.

A. Pool Maintenance:120.

Cleaning/Routine Maintenance: Landlord Tenant Association Not applicable121.

Pool Chemicals: Landlord Tenant Association Not applicable

122.

B. Routine Pest Control: Landlord Tenant Association Not applicable

123.

C. Yard Maintenance:

124.

Front Yard: Landlord Tenant Association Not applicable125.

Back Yard: Landlord Tenant Association Not applicable

126.

D. Other: Landlord Tenant Association Not applicable

127.

Upkeep of the Premises: Tenant has completed all desired physical, environmental or other inspections and investigations of the

128.

Premises and is satisfied with the physical condition, except as otherwise noted in writing. Tenant shall maintain the Premises in a129.

neat and undamaged condition and, in particular, shall comply with applicable provisions of building codes, homeowners' association130.

or other rules and regulations; maintain the Premises in a clean and safe condition; dispose of all ashes, rubbish, garbage and other131.

waste; keep and use all plumbing and electrical, sanitary, heating, ventilating and air conditioning facilities and elevators and otherfacilities and appliances in a clean and reasonable manner; and generally conduct themselves and others in their charge, including

132.

pets, in a manner so as not to disturb their neighbors or in any way, deface, damage, impair or otherwise destroy any part of the

133.134.

Premises. Tenant shall immediately notify Landlord of any situation or occurrence that requires the Landlord to provide maintance,135.136.

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Association Dues: If applicable, homeowners’ and other association dues and assessments shall be paid by Landlord.

Association: Premises is located within a community association(s):

returned unless expressly authorized by Landlord in writing. Tenant agrees to pay all costs related to replacing lost or unreturnedkeys and/or garage door/entry gate openers. Tenant shall not change the locks or add a deadbolt lock withoutLandlord’s written consent. Tenant acknowledges that unless otherwise provided herein, Premises have not been re-keyed.

85.86.87.

No refundable deposit shall be transferred from the Broker’s Trust Account to anyone other than Tenant without ten (10) calendar days’written notice to Tenant. If deposits are held by Landlord, Tenant and Landlord agree to hold Broker harmless of all liability regarding saiddeposits. If the Premises are surrendered to Landlord at the termination or expiration of this Lease Agreement in a clean and undamagedcondition acceptable to Landlord, Landlord shall return the refundable deposits to Tenant within the time period provided for in the ARLTA.However, if the Premises are delivered to Landlord in an unclean, damaged or unacceptable condition, Landlord shall be entitled toretain all or a portion of the refundable deposits and hold Tenant liable for any additional charges.

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141.142.143.144.145.146.

147.148.149.

VIOLATION OF THIS PROVISION SHALL CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THIS LEASE

150.151.

AGREEMENT AND CAUSE FOR IMMEDIATE TERMINATION OF THE TENANCY.

152.

Rules and Law: Tenant has either received a copy of any rules, regulations, covenants, conditions and restrictions, homeowners'

153.

association rules, ordinances, and laws ("Rules and Law") concerning the Premises, or has made an independent investigation

154.

of the applicability of any such Rules and Law to Tenant's use of the Premises. If the homeowners' association, state, county,municipal or other governmental bodies adopt new ordinances, rules or other legal provisions affecting this lease Agreement,

155.156.

Landlord may make immediate amendments to bring this Lease Agreement into compliance with the law. In such event, the Landlord

157.

agrees to give Tenant notice that this Lease Agreement has been amended and shall provide a brief description of the amendment

158.

and the effective date.

159.

160.161.162.163.164.

165.

Swimming Pool Barrier Regulations: Tenant agrees to investigate all applicable state, county, and municipal Swimming

166.

Pool Barrier Regulations and agrees to comply with said regulations while occupying the Premises, unless otherwise agreed167.

in writing. If the Premises contains a swimming pool, Tenant acknowledges receipt of the Arizona Department of Health168.

Services approved private pool safety notice. Landlord and Tenant expressly relieve and indemnify brokers from any and all liability169.

and responsibility for compliance with any applicable pool barrier laws and regulations.170.

(TENANT'S INITIALS REQUIRED)TENANT TENANT

171.

Lead-based Paint Disclosure: If the Premises were built prior to 1978, the Landlord shall: (i) notify the Tenant of any known

172.

lead-based paint ("LBP") or LBP hazards in the Premises; (ii) provide the Tenant with any LBP risk assessments or inspections of173.

the Premises in the Landlord's possession; (iii) provide the Tenant with the Disclosure of Information on Lead-based Paint and174.

Lead-based Paint Hazards, and any report, records, pamphlets, and/or other materials referenced therein, including the175.

pamphlet "Protect Your Family from Lead in Your Home" (collectively "LBP Information").176.

The Premises were constructed prior to 1978 and Tenant has received and executed the Disclosure of Information on

177.

Lead-based Paint and Lead-based Paint Hazards, and has received any reports, records, pamphlets, and/or other materialsreferenced therein, including the pamphlet "Protect Your Family from Lead in Your Home."

178.179.


180.

OR

181.

Premises were constructed in 1978 or later.

182.


Smoke Detectors: The Premises does does not contain smoke detector(s). If yes, Tenant shall maintain the

183.

detector(s) in working condition, change batteries and notify Landlord if the detector is not working properly or missing from

184.

185.

the Premises.186.

Carbon Monoxide Detectors: The Premises does does not contain carbon monoxide detector(s). If yes, Tenant shall

187.

maintain the detector(s) in working condition, change batteries and notify Landlord if the detector is not working properly or188.

missing from the Premises.189.190.

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Crime-Free Provision: Tenant, occupants, family, guests, invitees, or other persons under Tenant’s control shall not engage in or facil-itate: (i) any acts involving imminent or actual serious property damage as defined by law; (ii) any criminal activity (state, federal orother municipality), including drug-related criminal activity, any act of violence or threats of violence, other illegal activity, includingprostitution, criminal street gang activity, threatening or intimidating, unlawful discharge of firearms, or assault; (iii) jeopardize the health,safety and welfare of Tenants, Landlord, Landlord’s representatives, agents or others.


Compliance with Rules and Law: Landlord and Tenant agree to comply with the applicable Rules and Law concerning thePremises. Tenant agrees to supervise other occupants, family, guests, invitees, or other persons under Tenant’s control to ensuretheir compliance with the Rules and Law and shall be responsible for any actions of the foregoing who violate this Lease Agreementor the applicable Rules and Law. Tenant shall immediately notify Landlord upon receipt of any notice of violation and shall pay anyfines or penalties assessed by any governing body as a result of Tenant’s noncompliance with Rules and Law.

the repairs or performing the maintenance requested. If Tenant fails to comply with such requirements, Landlord may make necessaryrepairs and submit a bill to Tenant subject to the provisions of the ARLTA. Tenant also agrees to replace furnace filters, airconditioning filters, light bulbs, water filters and smoke alarm and/or carbon monoxide detector batteries as frequently as conditionsrequire, or as otherwise provided. Landlord agrees to maintain the Premises as provided in the ARLTA and shall comply with therequirements of applicable building codes, homeowners’ association or other rules and regulations, make all repairs necessary tokeep the Premises in a fit and habitable condition.

maintenance, such notice shall constitute permission from Tenant for Landlord to enter the Premises for the sole purpose of making140.139. thereof. In the event Tenant notifies Landlord in writing of any condition requiring Landlord to make repairs or perform138.137. make repairs, or otherwise requires Landlord to take action as required by the ARLTA, including, but not limited to any moisture con-

ditions from any source, leaks, evidence of mold/mildew, or of any inoperative mechanical, plumbing or electrical system or component

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191.192.

193.

Tenant Liability/Renter's Insurance: Tenant assumes all liability for personal injury, property damage or loss, and insurable

194.195.

196.197.198.

199.200.201.202.203.204.

205.206.207.208.

209.

Death of Tenant: Tenant may provide and update Landlord with the name and contact information of a person who is authorized to

210.211.

212.

Breach: In the event of a breach of this Lease Agreement, the non-breaching party may proceed against the breaching party inany claim or remedy that the non-breaching party may have in law or equity.

213.214.

Attorney Fees and Costs: The prevailing party in any dispute or claim between Tenant and Landlord arising out of or relating to this

215.216.

217.218.219.

220.221.222.223.224.

225.226.227.228.229.

230.231.

Time of Essence: Time is of the essence in the performance of the obligations described herein.

232.

234.

236.237.238.

239.240.241.

242. Permission: Landlord and Tenant grant Brokers permission to advise the public of this Lease Agreement and the price and terms herein.

243. Equal Housing Opportunity: Landlord and Brokers comply with federal, state, and local fair housing laws and regulations.>>





subordination agreements or other similar documents presented by Landlord within three (3) days of delivery.

Subordination: This Lease Agreement shall be subordinate to all present and future ground leases, mortgages, deeds of trust and anyother encumbrances consented to by Landlord and also to any modifications or extensions thereof. Tenant agrees to execute any

Waivers: No waiver by Landlord of any provision herein shall be enforceable against Landlord unless in writing signed by Landlord, norshall it be deemed a waiver of any other provision herein or of any subsequent breach by Tenant of the same or any other provision.Landlord’s consent to or approval of any act shall not constitute a continuing consent to or approval of any subsequent act by Tenant.

Entire Agreement: This Lease Agreement, and any addenda and attachments, shall constitute the entire agreement between Landlordand Tenant, shall supersede any other written or oral agreements between Landlord and Tenant and can be modified only by awriting signed by Landlord and Tenant. The failure to initial any page of this Lease Agreement shall not affect the validity or terms

Copies and Counterparts: A fully executed facsimile or electronic copy of the Lease Agreement shall be treated as an original.This Lease Agreement and any other documents required by this Lease Agreement may be executed by facsimile or other electronicmeans and in any number of counterparts, which shall become effective upon delivery as provided for herein, except that theLead-Based Paint Disclosure Statement may not be signed in counterpart. All counterparts shall be deemed to constitute oneinstrument, and each counterpart shall be deemed an original.

Servicemembers’ Civil Relief Act: If Tenant enters into military service or is a military service member and receives military ordersfor a change of permanent station or to deploy with a military unit or as an individual in support of a military operation for a period of90 days or more, Tenant may terminate this Lease Agreement by delivering written notice and a copy of Tenant’s official militaryorders to Landlord. In such a case, this Lease Agreement shall terminate thirty (30) days after the next monthly rental payment is due.Military permission for base housing does not constitute a change of permanent station order.

Lease Agreement shall be awarded all their reasonable attorney fees and costs, along with all costs and fees incurred as a result of anycollection activity. Costs shall include, without limitation, expert witness fees, fees paid to investigators, and arbitration costs.

enter the Premises to retrieve and store Tenant’s personal property if Tenant dies during the term of this Lease Agreement. In the eventof Tenant’s death during the term of this Lease Agreement, Landlord may release Tenant’s personal property pursuant to the ARLTA.

Trustee’s Sale Notice: Per A.R.S. § 33-1331 Landlord shall notify Tenant in writing within five (5) days of receipt of a notice of trustee’ssale or other notice of foreclosure on the Premises. Tenant shall notify Landlord immediately upon receipt of any notice of trustee’s saleor other notice on the Premises. Landlord shall not allow the Premises to be foreclosed.

Tenant Obligations upon Vacating Premises: Upon termination of this Lease Agreement, Tenant shall surrender the Premisesto Landlord in the same condition as when the Agreement term commenced, reasonable wear and tear excepted; all debris willbe removed from the Premises; mail forwarded; and keys/garage door opener/entry gate opener returned to Landlord/PropertyManager/Authorized Representative. Tenant shall have all utilities on until completion of the move-out inspection.

Access: Tenant shall not unreasonably withhold consent to Landlord or Landlord’s representative(s) to enter into the Premises toinspect; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; orexhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. Landlord may enter thePremises without consent of Tenant in case of emergency. Landlord shall not abuse the right to access or use it to harass Tenant.Except in case of emergency, Tenant’s written request for repairs, or if it is impracticable to do so, Landlord shall give Tenant atleast two days’ notice in writing of the intent to enter and enter only at reasonable times.

risks except for that caused by Landlord’s negligence. Landlord strongly recommends that Tenant obtain and keep renter’sinsurance in full force and effect during the full term of this Lease Agreement.

Alterations and Improvements: Tenant shall not make any alterations, changes or improvements to the Premises withoutLandlord’s prior written consent. Tenant may be held responsible for any damages resulting from unauthorized alterations, changesor improvements as well as the cost to restore the Premises to its move-in condition.

Fire Sprinklers: The Premises does does not contain fire sprinklers. If yes, Tenant shall notify Landlord if thesprinklers are not working properly or are missing from the Premises.

233. of this Lease Agreement.

235. Arizona Law: This Agreement shall be governed by Arizona law and jurisdiction is exclusively conferred on the State of Arizona.

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244. Construction of Language: The language of this Lease Agreement shall be construed according to its fair meaning and not245. strictly for or against either party. All singular and plural words shall be interpreted to refer to the number consistent with circumstances246. and context.

247. Court Modification: If any provision of this Lease Agreement is found by a court to be invalid, illegal or vague, the parties agree248. that such provision shall be modified or stricken by the court to the minimum extent deemed necessary to make it valid, legal and249. enforceable and that all other provisions of this Lease Agreement shall remain in full force and effect.

250. Days: All references to days in this Lease Agreement shall be construed as calendar days and a day shall begin at 12:00 a.m.251. and end at 11:59 p.m.

252. Notices: Unless otherwise provided for by statute or by agreement of the parties, all notices herein shall be in writing and shallbe delivered to Landlord at the address set forth herein and to Tenant at the Premises and shall be sent by registered or certified253.mail, or personally delivered. Such notice shall be deemed received on the date the notice is actually received or five254.

255. (5) days after the date the notice is mailed by registered or certified mail, whichever occurs first.

256. Additional Terms:

257.

258.

259.

260.

261.

262.

263.

264.

265.

266.

267.

268.

269.

270.

271.

272.

273. Tenant Acknowledgment: By signing below, Tenant acknowledges that: (i) A free copy of the Arizona Residential Landlord274. and Tenant Act is available through the Arizona Department of Housing; (ii) Landlord shall furnish upon move-in, a move-in275. form for specifying any existing damages to the Premises and Tenant shall return the completed move-in form to Landlord276. within five (5) days or days of occupancy or Tenant accepts the Premises in its existing condition; (iii)277. Tenant is hereby notified that Tenant is entitled to be present at the move-out inspection; (iv) Tenant understands and278. agrees to the terms and conditions of this Lease Agreement, and acknowledges a receipt of a copy of all (eight) 8 pages of279. the Lease Agreement and any addenda.

280. INDEMNITY AND RELEASE: THE PARTIES TO THIS LEASE AGREEMENT AGREE TO INDEMNIFY AND HOLD HARMLESS281. BROKERS, PROPERTY MANAGERS, AND ANY OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES OR EMPLOYEES282. FROM ANY LOSS, CLAIM, LIABILITY OR EXPENSE ARISING FROM INJURY TO ANY PERSON OR DAMAGE TO OR283. LOSS OF ANY PROPERTY, IN ANY WAY CAUSED BY THE PARTIES AND TENANT'S FAMILY, GUESTS, INVITEES,284. AGENTS, PETS OR OTHERS UNDER THEIR CONTROL.


286.

Terms of Acceptance: This offer will become a binding lease agreement when acceptance is signed by Landlord and a signed287.copy delivered in person, by mail, facsimile or electronically, and received by Broker on behalf of Tenant if applicable, or288.

, at a.m. p.m., Mountain Standard Time. Tenant may289.withdraw this offer at any time prior to receipt of Landlord's signed acceptance. If no signed acceptance is received by this date and290.time, this offer shall be deemed withdrawn.291.

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by Tenant no later than

285. (LANDLORD'S INITIALS REQUIRED)LANDLORD LANDLORD

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Residential Lease Agreement >>


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Page 7 of 8

294. Broker on behalf of Tenant:

295.PRINT SALESPERSON'S NAME PRINT FIRM NAME FIRM CODEAGENT CODE

296.FIRM ADDRESS CITY STATE ZIP CODE

297.TELEPHONE FAX EMAIL

298. Agency Confirmation: The Broker is the agent of (check one):

Tenant exclusively; or both Tenant and Landlord299.

300. The undersigned agree to lease the Premises on the terms and conditions herein stated and acknowledge receipt of a copy

301. hereof including Tenant Attachment.

302.^ TENANT'S SIGNATURE MO/DA/YR ^ TENANT'S SIGNATURE MO/DA/YR

303.ADDRESS

304.CITY STATE ZIP CODE

LANDLORD ACCEPTANCE

305. Broker on behalf of Landlord:

306.PRINT SALESPERSON'S NAME PRINT FIRM NAME FIRM CODEAGENT CODE

307.FIRM ADDRESS CITY STATE ZIP CODE

308.TELEPHONE FAX EMAIL

309. Broker is not authorized to receive notices or act on behalf of Landlord unless indicated below.

310. Agency Confirmation: The Broker is the agent of (check one):

Landlord exclusively; or311. both Landlord and Tenant

312. Property Manager, if any, authorized to manage the Premises and act on behalf of Landlord pursuant to separate

313. written agreement:

314.NAME TELEPHONE

315.FIRM TELEPHONE

316.ADDRESS CITY STATE ZIP CODE

317. Person authorized to receive service of process, notices, and demands is:

318.NAME / LANDLORD'S NAME

319.PROPERTY MANAGER / AUTHORIZED REPRESENTATIVE TELEPHONE

320.ADDRESS CITY STATE ZIP CODE

c/o




292. THIS LEASE AGREEMENT CONTAINS (EIGHT) 8 PAGES EXCLUSIVE OF ANY ADDENDA AND ATTACHMENTS. PLEASE293. ENSURE THAT YOU HAVE RECEIVED AND READ ALL (EIGHT) 8 PAGES AS WELL AS ANY ADDENDA AND ATTACHMENTS.

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Residential Lease Agreement >>




TENANT TENANTLANDLORD LANDLORD Page 8 of 8

Page 8 of 8

321. Landlord Acknowledgment: Landlord has read this entire Agreement. Landlord acknowledges that Landlord understands the322. terms and conditions contained herein. Landlord accepts and agrees to be bound by the terms of this Lease Agreement.323. Landlord has received a signed copy of this Lease Agreement and directs the Broker to deliver a signed copy to Tenant, and to any other324. Broker involved in this Lease Agreement.

325. LANDLORD ACKNOWLEDGES THAT LANDLORD HAS PROVIDED THE REQUIRED INFORMATION ON RESIDENTIAL326. RENTAL PROPERTY TO THE APPLICABLE COUNTY ASSESSOR.

327. Counter Offer is attached, which is incorporated herein by reference. If there is a conflict between this Lease Agreement328. and the Counter Offer, the provisions of the Counter Offer shall be controlling. (Note: If this box is checked, Landlord329. should sign both Lease Agreement and Counter Offer.)

330.^ SIGNATURE OF LANDLORD OR PROPERTY MANAGER (IF AUTHORIZED) MO/DA/YR

MO/DA/YR

331.

PRINT LANDLORD NAME

PRINT LANDLORD NAME

334.PRINT PROPERTY MANAGER NAME

335.ADDRESS ADDRESS

336.CITY STATE ZIP CODE CITY STATE ZIP CODE

337. OFFER REJECTED BY LANDLORD OR PROPERTY MANAGER (IF AUTHORIZED):

,MONTH DAY YEAR (LANDLORD'S INITIALS)



332.^ SIGNATURE OF LANDLORD OR PROPERTY MANAGER (IF AUTHORIZED)

333.

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RESIDENTIAL LEASE OWNER ADVISORY

WHEN IN DOUBT - DISCLOSE!

August 2011

Residential lease owners have certainobligations pursuant to the Landlordand Tenant Act and other laws. Thereare also some very specific Owner disclosuresthat you are required by statute to make. Forexample, Owners are required to discloseinformation on lead based paint in homes builtprior to 1978 and Owners must provide a stateapproved Pool Safety Notice if the propertyincludes a pool or spa.

If the tenant asks you about an aspect of theproperty, you should disclose the information,regardless of whether or not you consider theinformation material. However, an Owner doesnot generally have a legal obligation to correctdefects in the property, as long as the defect:(1) does not render the property uninhabitable;(2) does not pose a real or potential threat tothe tenant's health or safety; and (3) as long asthe existing defects are disclosed. Anycorrection of the defects is a matter of contractnegotiation between you and the tenant.

(1) Ownership and Property: This section asks for general informationabout the property, such as location, ownership and occupancy.Any Owner, whether or not that Owner has actually lived in theproperty, should be able to answer most, if not all, of the questionsin this section.

The Arizona Association of REALTORS®Residential Lease Owner's Property DisclosureStatement is designed to assist you in makingthese disclosures and to avoid inadvertentnondisclosures of material facts.

You should complete this form by answeringall questions as truthfully and as thoroughlyas possible. You may use the blank lines toexplain any answers. If you do not have thepersonal knowledge to answer a question, it isimportant not to guess—use the blank lines toexplain the situation.

The form is divided into five general sections:

(2) Building and Safety Information: This section asks for informationregarding the physical aspects of the property. You should discloseany present problems with the property. You are also askedspecifically to disclose any knowledge of scorpions or other possible"pests" have ever been present on the property. Although manyOwners will answer affirmatively to these questions, full disclosureis the best way to avoid complaints.

(3) Utilities: You are asked whether the property currently receives thelisted utilities, and if so, to identify the provider. The water sourceand any known information about drinking water problems shouldalso be disclosed.

(4) Environmental Information: A variety of environmental informationis requested. In addition to questions regarding environmentalhazards, you are asked to disclose any issues relating to soilsettlement/expansion, drainage/grade, or erosion; noise from thesurrounding area including airport and traffic noise; and any odorsor other nuisances. As a result of recent lawsuits and potentialhealth concerns, you are asked specifically if you are aware of anypast or present mold growth on the property. Mold spores areeverywhere and when mold spores drop in places where there iswater damage or excessive moisture, or where there has beenflooding, mold will grow. Thus, you are asked to disclose anyconditions conducive to mold growth, such as past or presentdampness/moisture, flooding, and water damage or water leaks ofany kind.

(5) Additional Information: These blank lines provide space for you toprovide any other important information concerning the property.

Please note: By law, Owners are not obligated to disclose that theproperty is or has been: (1) the site of a natural death, suicide,homicide, or any other crime classified as a felony; (2) owned oroccupied by a person exposed to HIV, or diagnosed as having AIDS orany other disease not known to be transmitted through commonoccupancy of real estate; or (3) located in the vicinity of a sex offender.However, the law does not protect an Owner who makes an intentionalmisrepresentation. For example, if you are asked whether there hasbeen a death on the property and you know that there was such adeath, you should not answer "no" or "I don't know"; instead you shouldeither answer truthfully or respond that you are not legally required toanswer the question.

Residential Lease Owner Advisory • August 2011

Copyright© 2011 Arizona Association of REALTORS®. All rights reserved.

Phone: Fax:




DISCLOSURE STATEMENT August 2011

Page 1 of 4RESIDENTIAL LEASE OWNER'S PROPERTYO

(To be completed by Owner)

MESSAGE TO THE OWNER:

The form is designed to assist you in making disclosures to the Tenant. If you know something important about the Property that is

not addressed on the form, add that information to the form. Prospective Tenants may rely on the information you provide.

INSTRUCTIONS: (1) Complete this form yourself. (2) Answer all questions truthfully and as fully as possible. (3) Attach all available

supporting documentation. (4) Use explanation lines as necessary. (5) If you do not have the personal knowledge to answer a

question, use the explanation lines to explain. By signing below you acknowledge that the failure to disclose known material

information about the Property may result in liability.

MESSAGE TO THE TENANT:

There are likely facts about the Property that the Owners do not know. Therefore, it is important that you take an active role in

obtaining information about the Property. For more information on obtaining this information see the Buyer Advisory at

http://www.aaronline.com/documents/buy_advis.pdf

INSTRUCTIONS: (1) Review this form and any attachments carefully. (2) Verify all important information. (3) Ask about any

incomplete or inadequate responses. (4) Inquire about any concerns not addressed on the form. (5) Review all other applicable

documents, such as CC&R's, and association rules and regulations. (6) Conduct inspections of the Property. (7) Investigate the

surrounding area.

OWNERSHIP AND PROPERTY

THE FOLLOWING ARE REPRESENTATIONS OF THE OWNER(S) AND ARE NOT VERIFIED BY THE BROKER(S) OR AGENT(S).







As used herein, "Property" shall mean the real property and all fixtures and improvements thereon and appurtenances incidental1.thereto, plus fixtures and personal property described in the Lease.2.

3. LEGAL OWNER(S) OF PROPERTY:

4. PROPERTY ADDRESS:(STREET ADDRESS) (CITY) (STATE) (ZIP)

5. Is the property located in a community defined by the fair housing laws as housing for older persons? Yes No

6. Explain:

7. Approximate year built: . If Property was built prior to 1978, Owner must furnish the Tenant with a lead-based

8. paint disclosure form.

9. Are you current on: Mortgage Yes No Property tax Yes No HOA fees Yes No

10.

YES NO

Are you aware if there are any association(s) governing this Property?

11. If yes, provide contact(s) information: Name:

Phone #:12. Address:

13. If yes, are there any fees related to leasing the home? Explain

14. Are you aware of any public or private use paths or roadways on or across this Property?

15. Explain:

16. Are you aware of any violation(s) of any of the following? (If yes, check all that apply):

17. Zoning Building Codes Utility Service Sanitary health regulations

18. Covenants, Conditions, Restrictions (CC&R’s) Other

19. Are you aware of any parking restrictions? If yes, please explain:

20.

21. How many parking spots are available for tenants?

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Residential Lease Owner’s Property Disclosure Statement

• Copyright © 2011 Arizona Association of REALTORS®.

All rights reserved.Initials>

TENANT TENANTPage 1 of 4

August 2011

Phone: Fax:


Mountain Lake Realty, 1600 Outer Loop Rd Chino Valley, Arizona 86323 (928)533-6593 (928)533-6593UntitledThomas Mastromatto

O

23.

YES NO

Roof leaks/problems? Explain:

Flood

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August 2011

Residential Lease Owner’s Property Disclosure Statement >> Page 2 of 4

BUILDING AND SAFETY INFORMATION

STRUCTURAL:

ARE YOU AWARE OF ANY PRESENT:22.

24. Interior wall/ceiling/door/window/floor problems? Explain:

25. Cracks or settling involving the foundation, exterior walls or slab? Explain:

26. Chimney or fireplace problems, if applicable? Explain:

27. Damage to any structure on the Property by any of the following? (Check all that apply):

28. Fire Water Hail Other

29. Explain:

HEATING, COOLING AND PLUMBING/SYSTEMS:

30. Heating: Type(s)

YES NO

31. Are you aware of any present problems with the heating or cooling system(s)?

Cooling: Type(s)

Explain:32.

33. Are there any special instructions/filters/service requirements?

34. Explain:

35. Are you aware of any present plumbing problems?

36. Explain:

37. Are you aware of any present water pressure problems?

38. Explain:

39. Type of water heater(s): Gas Electric Solar Approx. age(s)

40. Are you aware of any present water heater problems?

Explain:41.

42. Is the entire Property connected to a sewer? (If yes, skip to line 47)

43. Is the Property served by an On-Site Wastewater Treatment Facility? (If no, skip to line 47)

44. If yes, the Facility is: Conventional septic system Alternative system Type:

45. If the Facility is an alternative system, is it currently being serviced under a maintenance contract?

46. If yes, name of contractor: Phone #:

47. Does the Property contain any of the following systems?

48. landscape watering: If yes, type: auto timer manual both

water treatment: If yes, check all that apply:49. water filtration reverse osmosis water softener Other

sump pump50.

51. Are you aware of any present problems or special instructions with any of the systems mentioned above?

52. Explain:

53.

SWIMMING POOL/SPA/HOT TUB/SAUNA/WATER FEATURE:

YES NO

54. Does the Property contain any of the following? (Check all that apply):

Swimming pool55. Spa Hot tub Sauna Water feature

56. If yes, are either of the following heated? Swimming pool Spa

57. If yes, type of heat:

58. Would the swimming pool comply with the applicable swimming pool enclosure/barrier requirements if children reside in

59.

60.

or regularly visit the Property?

Note: Owner must furnish Tenant with a Residential Pool Safety Notice prepared by the Arizona Department

61. of Health Services.

62.

63.

Are you aware of any present problems or special instructions relating to the swimming pool, spa, hot tub, sauna

or water feature? Explain:


Wind

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August 2011


Explain:

Security system:


ELECTRICAL SYSTEMS:

YES NO

64. Are you aware of any present problems with the electrical system?

65. Does the Property contain any of the following systems? (Check all that apply):

66.

67.

Monitored Yes No Other

Smoke/fire detection Fire suppression (sprinklers) Carbon monoxide detector

Alternate power systems: If yes, indicate type (Check all that apply):68.

69. Solar Wind Generator Other

70.

71.

Are you aware of any present problems or special instructions with any of the systems mentioned above?

MISCELLANEOUS:

YES NO

72. Are you aware of or have you observed any of the following on the Property? (Check all that apply):

73.

74.

75.

Scorpions Rabid animals Bees Rodents Reptiles Termites/Other wood destroying organisms

Bed Bugs Other:

How often is the Property serviced or treated for pests, reptiles, insects or animals?

76.

77.

78.

79.

Name of service provider: Date of last service:

Are there any security bars or other obstructions to door or window openings?

Are you aware of any present problems with any built-in appliances?

Are there any leased propane tanks, equipment or other systems on the Property?

80. Are you aware of any problems or special instructions with any of the items listed above?

81.

82.

83.

Explain:

Has the Premises ever been used as a “drop house” (i.e. used to facilitate the transport of persons that are not United

States citizens, permanent resident aliens or otherwise lawfully in this state, for profit or commercial purpose)?

UTILITIES

84. DOES THE PROPERTY CURRENTLY RECEIVE THE FOLLOWING SERVICES?

YES NO

85. Electricity:

86.

87.

88.

89.

90.

Fuel: Natural gas Propane Oil

PROVIDER NAME

Cable:

Telephone:

Garbage Collection:

Fire:

91. Irrigation:

92. Water Source: Public Private water co. Private well Shared well Hauled water

If source is public, private water company, or hauled water:93.

94.

95.

Are you aware of any present drinking water problems?

Explain:

96. NOTICE TO TENANT: IF THE PROPERTY IS SERVED BY A WELL, PRIVATE WATER COMPANY OR A MUNICIPALWATER PROVIDER, THE ARIZONA DEPARTMENT OF WATER RESOURCES MAY NOT HAVE MADE A WATER SUPPLYDETERMINATION. FOR MORE INFORMATION ABOUT WATER SUPPLY, CONTACT THE WATER PROVIDER.

97.98.

ENVIRONMENTAL INFORMATION

YES NO

99. Are you aware of any past or present issues or problems with any of the following on the Property? (Check all that apply):

Soil settlement/expansion100. Drainage/grade Erosion Fissures Dampness/moisture Other

101. Are you aware of any past or present issues or problems in close proximity to the Property related to any of the following?

102. (Check all that apply): Soil settlement/expansion Drainage/grade Erosion Fissures Other

103. NOTICE TO TENANT: THE ARIZONA DEPARTMENT OF REAL ESTATE PROVIDES EARTH FISSURE MAPS TO ANY MEMBER

104. OF THE PUBLIC IN PRINTED OR ELECTRONIC FORMAT UPON REQUEST AND ON ITS WEBSITE AT www.azre.gov.

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August 2011


Superfund/ WQARF/ CERCLA


105. Are you aware if the Property is located within any of the following? (Check all that apply):

106.

112. NOTICE TO TENANT: THE ARIZONA BOARD OF TECHNICAL REGISTRATION (BTR) MAINTAINS A LIST OF

ADDITIONAL INFORMATION

Wetlands area

107. Are you aware if the Property is subject to any present or proposed effects of any of the following? (Check all that apply):

108. Airport noise Traffic noise Rail line noise Neighborhood noise Landfill Odors Nuisances

109. Toxic waste disposal Sand/gravel operations Other:

110. Are you aware if any portion of the Property has ever been used as a “Clandestine drug laboratory” (manufacture of,

or storage of, chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD)?111.

113. UNREMEDIATED SITES AT www.azbtr.gov. TO DETERMINE IF THE PROPERTY WAS ONCE ON THE LIST BUT HAS BEEN

114. REMEDIATED, CONTACT THE BTR AT 602-364-4948.

115. Are you aware if the Property is located in the vicinity of an airport (military, public, or private)?

116. Are you aware of the presence of any of the following on the Property, past or present? (Check all that apply):

117. Asbestos Radon gas Lead-based paint Pesticides Underground storage tanks Fuel/chemical storage

118. Are you aware of any open mine shafts/tunnels or abandoned wells on the Property?

119. If yes, describe location:

120. Are you aware if any portion of the Property is in a flood plain/way.

121. Are you aware of any portion of the Property ever having been flooded?

122. Are you aware of any water damage or water leaks of any kind on the Property?

123. Are you aware of any past or present mold growth on the Property?

124. Explain:

125.

126. Any other components of property not in working order or any additional information:

127.

128.

129.

130.

131. OWNER CERTIFICATION: Owner certifies that the information contained herein is true and complete to the best of Owner’s

knowledge as of the date signed. Owner agrees that any material changes in the information contained herein will be disclosed in

writing by Owner to Tenant prior to occupancy, including any information that may be revealed by subsequent inspections.

132.

133.

134.^ OWNER'S SIGNATURE MO/DA/YR ^ OWNER'S SIGNATURE MO/DA/YR

135. Reviewed and updated:

136. Initials: /

137. TENANT’S ACKNOWLEDGMENT: Tenant acknowledges that the information contained herein is based only on the Owner’s actual

138. knowledge and is not a warranty of any kind. Tenant acknowledges Tenant’s obligation to investigate any material (important) facts in

139. regard to the Property.

140. NOTICE: Tenant acknowledges that by law, Owners, Lessors and Brokers are not obligated to disclose that the Property is or has

been: (1) the site of a natural death, suicide, homicide, or any other crime classified as a felony; (2) owned or occupied by a person

exposed to HIV, diagnosed as having AIDS or any other disease not known to be transmitted through common occupancy of real

estate; or (3) located in the vicinity of a sex offender.

141.

142.

143.

144. By signing below, Tenant acknowledges receipt only of this form.

145.^ TENANT'S SIGNATURE MO/DA/YR ^ TENANT'S SIGNATURE MO/DA/YR

OWNER OWNER MO/DA/YR

YES NO

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BUYER ATTACHMENTThis attachment should be given to the Buyer prior to the submission


You are entering into a legally binding agreement.1.

Contract’s terms.

ATTENTION BUYER!Read the entire contract before you sign it.

This information comes directly from the Seller.

Investigate any blank spaces, unclear answers or any other information that is important to you.

Mold inspector

Roof inspector

Pest inspector

Pool inspector

Heating/cooling inspector

Verify square footage (see Section 6b)Verify the property is on sewer or septic (see Section 6f)

2. Review the Residential Seller’s Property Disclosure Statement (See Section 4a).

of any offer and is not part of the Residential Resale Real Estate Purchase

Document updated:

February 2016

3. Review the Inspection Paragraph (see Section 6a).

If important to you, hire a qualified:

4. Confirm your ability to obtain insurance and insurability of the propertyduring the inspection period with your insurance agent (see Sections 6a and 6e).

5. Apply for your home loan now, if you have not done so already, and provideyour lender with all requested information (see Section 2f).

It is your responsibility to make sure that you and your lender follow the timeline requirements in Section 2, andthat you and your lender deliver the necessary funds to escrow in sufficient time to allow escrow to close on the

6. Read the title commitment within five days of receipt (see Section 3c).

7. Read the CC&R’s and all other governing documents within five days of receipt(see Section 3c), especially if the home is in a homeowner’s association.

8. Conduct a thorough final walkthrough (see Section 6m). If the property isunacceptable, speak up. After the closing may be too late.

You can obtain information through the Buyer’s Advisory at http://www.aaronline.com.

Remember, you are urged to consult with an attorney, inspectors, and experts of your choice in any area

of interest or concern in the transaction. Be cautious about verbal representations, advertising claims, andinformation contained in a listing. Verify anything important to you.

Buyer’s Check List

Buyer Attachment • Updated: February 2016


agreed upon date. Otherwise, the Seller may cancel the contract and you may be liable for damages.



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RESIDENTIAL RESALE REAL ESTATE


1a.

1. PROPERTY

Page 1 of 9

PURCHASE CONTRACT

1. BUYER:

2. SELLER:

BUYER'S NAME(S)

SELLER'S NAME(S)or as identified in section 9c.

3. Buyer agrees to buy and Seller agrees to sell the real property with all improvements, fixtures, and appurtenances thereon4. or incidental thereto, plus the personal property described herein (collectively the "Premises").

1b. 5. Premises Address: Assessor's #:

6. City: County: AZ, Zip Code:

7. Legal Description:

1c. 8. $ Full Purchase Price, paid as outlined below

9. $ Earnest money

10. $

11. $

12.

1d. Close of Escrow: Close of Escrow (“COE”) shall occur when the deed is recorded at the appropriate county recorder’s office.15.16.

(“COE Date”). If Escrow Company or recorder’s office is closed on COE Date,17.

COE shall occur on the next day that both are open for business.

18.

Buyer shall deliver to Escrow Company a cashier's check, wired funds or other immediately available funds to pay any down

19.

payment, additional deposits or Buyer's closing costs, and instruct the lender, if applicable, to deliver immediately available funds to20.

Escrow Company, in a sufficient amount and in sufficient time to allow COE to occur on COE Date.

1e. 23. Possession: Seller shall deliver possession, occupancy, existing keys and/or means to operate all locks, mailbox, security24. system/alarms, and all common area facilities to Buyer at COE or .25. Broker(s) recommend that the parties seek appropriate counsel from insurance, legal, tax, and accounting professionals regarding

1f. 27. Addenda Incorporated: Buyer Contingency Domestic Water WellShort Sale28.

H.O.A.Lead-Based Paint Disclosure

Additional ClauseOn-site Wastewater Treatment Facility

29. Other:

26. the risks of pre-possession or post-possession of the Premises.

1g. 30. Fixtures and Personal Property: Seller agrees that all existing fixtures on the Premises, and any existing personal property31. specified herein, shall be included in this sale, including the following:32.33.34.35.36.

free-standing range/oven

built-in appliances

light fixturesceiling fans towel, curtain and drapery rods

draperies and other window coverings

attached floor coverings flush-mounted speakers

attached fireplace equipment

window and door screens, sun screens storm windows and doors

shutters and awnings

garage door openers and controls attached media antennas/satellite dishesoutdoor landscaping, fountains, and lighting

water-misting systemssolar systems

pellet, wood-burning or gas-log stovestimers

mailbox

storage sheds

documents, and perform all other acts necessary in sufficient time to allow COE to occur on

Any change in the pre-printed language of this form must be made in a prominent manner.No representations are made as to the legal validity, adequacy and/or effects of any provision,including tax consequences thereof. If you desire legal, tax or other professional advice, pleaseconsult your attorney, tax advisor or professional consultant.

Document updated:

February 2016

>>

Residential Resale Real Estate Purchase Contract • Updated: February 2016


SELLER SELLER BUYER BUYERPage 1 of 9



13.

14.

Buyer and Seller shall comply with all terms and conditions of this Contract, execute and deliver to Escrow Company all closing

21.22.

AS IS

central vacuum, hose, and attachments37.38.

39.

Loan Assumption Seller Financing

MO/DA/YR


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Page 2 of 9

40. If owned by the Seller, the following items also are included in this sale:41. pool and spa equipment (including any mechanical or other cleaning systems)42.

45. Additional existing personal property included in this sale (if checked):

46.

as described:

47.

48.

49.

50. Additional existing personal property included shall not be considered part of the Premises and shall be transferred with no monetary51. value, and free and clear of all liens or encumbrances.

52. Fixtures and leased items NOT included:

53. IF THIS IS AN ALL CASH SALE, GO TO SECTION 3.

2. FINANCING

2b. 55. Loan Contingency: Buyer’s obligation to complete this sale is contingent upon Buyer obtaining loan approval for the loan

2c.

59.

56.57.58.

2d.

63.

60.

61.

2e.

66.

69.

2f.

Type of Financing: Conventional FHA VA Assumption Seller Carryback

75.76.

2i.

security and/or fire systems and/or alarmswater softenerswater purification systems

refrigerator washer dryer

Other:

Residential Resale Real Estate Purchase Contract >>

43.44.

Pre-Qualification: An AAR Pre-Qualification Form is attached hereto and incorporated herein by reference.2a. 54.

described in the AAR Loan Status Update (“LSU”) form without Prior to Document (“PTD”) conditions no later than three (3) daysprior to the COE Date. No later than three (3) days prior to the COE Date, Buyer shall either: (i) sign all loan documents; or(ii) deliver to Seller or Escrow Company notice of loan approval without PTD conditions AND date(s) of receipt of Closing

Unfulfilled Loan Contingency: This Contract shall be cancelled and Buyer shall be entitled to a return of the Earnest Money ifafter diligent and good faith effort, Buyer is unable to obtain loan approval without PTD conditions no later than three (3) days priorto the COE Date. Buyer acknowledges that prepaid items paid separately from earnest money are not refundable.

Interest Rate / Necessary Funds: Buyer agrees that (i) the inability to obtain loan approval due to the failure to lock the interest64.65.

62.

rate and “points” by separate written agreement with the lender; or (ii) the failure to have the down payment or other fundsdue from Buyer necessary to obtain the loan approval without conditions and close this transaction is not an unfulfilled loancontingency.

Loan Status Update: Buyer shall deliver to Seller the LSU with at a minimum lines 1-40 completed describing the current status

67.

68.of the Buyer’s proposed loan within ten (10) days after Contract acceptance and instruct lender to provide an updated LSU toBroker(s) and Seller upon request.

Loan Application: Unless previously completed, within three (3) days after Contract acceptance Buyer shall (i) provide lender

70.

71.with Buyer’s name, income, social security number, Premises address, estimate of value of the Premises, and mortgage loanamount sought; and (ii) grant lender permission to access Buyer’s Trimerged Residential Credit Report.

2g.

72.

Loan Processing During Escrow: Within ten (10) days after receipt of the Loan Estimate Buyer shall (i) provide lender withnotice of intent to proceed with the loan transaction in a manner satisfactory to lender; and (ii) provide to lender all requested

73.

2h.

74.

(If financing is to be other than new financing, see attached addendum.)

Loan Costs: All costs of obtaining the loan shall be paid by the Buyer, unless otherwise provided for herein.

2j.

77.

Seller Concessions (if any): In addition to the other costs Seller has agreed to pay herein, Seller agrees to pay up to %of the Purchase Price or $ for Buyer’s loan costs including pre-paids, impounds and Buyer’s title / escrow closing costs.

78.

2k.

79.

VA Loan Costs: In the event of a VA loan, Seller agrees to pay the escrow fee and up to $ of loan

80.

costs not permitted to be paid by the Buyer, in addition to the other costs Seller has agreed to pay herein, including Seller’s

2l.

81.

Changes: Buyer shall immediately notify Seller of any changes in the loan program, financing terms, or lender described in the

82.

Pre-Qualification Form attached hereto or LSU provided within ten (10) days after Contract acceptance and shall only make anysuch changes without the prior written consent of Seller if such changes do not adversely affect Buyer’s ability to obtain loan

83.84.

approval without PTD conditions, increase Seller’s closing costs, or delay COE.

85.

86.87.88.89.

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USDA

Disclosure(s) from Lender; or (iii) deliver to Seller or Escrow Company notice of inability to obtain loan approval withoutPTD conditions.

signed disclosures and the documentation listed in the LSU at lines 32-35. Buyer agrees to diligently work to obtain the loan andwill promptly provide the lender with all additional documentation requested.

Concessions.

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Page 3 of 9

3. TITLE AND ESCROW

3a.

91.

Escrow: This Contract shall be used as escrow instructions. The Escrow Company employed by the parties to carry out the

3b.

96.

Title and Vesting: Buyer will take title as determined before COE. Taking title may have significant legal, estate planning and tax

of all documents that will remain as exceptions to Buyer’s policy of Title Insurance (“Title Commitment”), including but not limited to105.106.

92.

terms of this Contract shall be:

93.

"ESCROW/TITLE COMPANY"

97.

consequences. Buyer should obtain legal and tax advice.

103.

3d.

104.

Additional Instructions: (i) Escrow Company shall promptly furnish notice of pending sale that contains the name and address

107.108.109.110.111.112.

113.114.

3e.

115.

Tax Prorations: Real property taxes payable by the Seller shall be prorated to COE based upon the latest tax information available.

3f.

119.

3g. Prorations of Assessments and Fees: All assessments and fees that are not a lien as of the COE, including homeowner’sassociation fees, rents, irrigation fees, and, if assumed, insurance premiums, interest on assessments, interest on encumbrances,and service contracts, shall be prorated as of COE or Other:

3h.

124.

Assessment Liens: The amount of any assessment, other than homeowner’s association assessments, that is a lien as of the

125.

COE, shall be paid in full by Seller prorated and assumed by Buyer. Any assessment that becomes a lien after COE is

126.

the Buyer’s responsibility.

3i.

127.128.

129.130.

>>Residential Resale Real Estate Purchase Contract

94.

ADDRESS CITY STATE ZIP

95.

EMAIL PHONE FAX

3c.

98.

Title Commitment and Title Insurance: Escrow Company is hereby instructed to obtain and deliver to Buyer and Seller directly,

99.

addressed pursuant to 8t and 9c or as otherwise provided, a Commitment for Title Insurance together with complete and legible copies

100.

101.

Conditions, Covenants and Restrictions (“CC&Rs”); deed restrictions; and easements. Buyer shall have five (5) days after receipt of the

102.

Title Commitment and after receipt of notice of any subsequent exceptions to provide notice to Seller of any items disapproved. Sellershall convey title by warranty deed, subject to existing taxes, assessments, covenants, conditions, restrictions, rights of way, easementsand all other matters of record. Buyer shall be provided at Seller’s expense an American Land Title Association (“ALTA”) Homeowner’sTitle Insurance Policy, or if not available, an ALTA Residential Title Insurance Policy (“Plain Language”/“1-4 units”) or, if not available,a Standard Owner’s Title Insurance Policy, showing title vested in Buyer. Buyer may acquire extended coverage at Buyer’s ownadditional expense. If applicable, Buyer shall pay the cost of obtaining the ALTA Lender Title Insurance Policy.

of the Buyer to any homeowner’s association in which the Premises is located. (ii) If the Escrow Company is also acting as the titleagency but is not the title insurer issuing the title insurance policy, Escrow Company shall deliver to the Buyer and Seller, upon depositof funds, a closing protection letter from the title insurer indemnifying the Buyer and Seller for any losses due to fraudulent acts orbreach of escrow instructions by the Escrow Company. (iii) All documents necessary to close this transaction shall be executedpromptly by Seller and Buyer in the standard form used by Escrow Company. Escrow Company shall modify such documentsto the extent necessary to be consistent with this Contract. (iv) Escrow Company fees, unless otherwise stated herein, shall beallocated equally between Seller and Buyer. (v) Escrow Company shall send to all parties and Broker(s) copies of all notices andcommunications directed to Seller, Buyer and Broker(s). (vi) Escrow Company shall provide Broker(s) access to escrowed materialsand information regarding the escrow. (vii) If an Affidavit of Disclosure is provided, Escrow Company shall record the Affidavit at COE.

116.117.118.

Release of Earnest Money: In the event of a dispute between Buyer and Seller regarding any Earnest Money deposited withEscrow Company, Buyer and Seller authorize Escrow Company to release Earnest Money pursuant to the terms and conditions of

120.

this Contract in its sole and absolute discretion. Buyer and Seller agree to hold harmless and indemnify Escrow Company against

121.122.

any claim, action or lawsuit of any kind, and from any loss, judgment, or expense, including costs and attorney fees, arising from orrelating in any way to the release of Earnest Money.

123.

IRS and FIRPTA Reporting: Seller agrees to comply with IRS reporting requirements. If applicable, Seller agrees to complete,

131.

132.133.

sign, and deliver to Escrow Company a certificate indicating whether Seller is a foreign person or a non-resident alien pursuant tothe Foreign Investment in Real Property Tax Act (“FIRPTA”). Buyer and Seller acknowledge that if the Seller is a foreign person, theBuyer must withhold a tax of up to 15% of the purchase price, unless an exemption applies.





2m. Appraisal Contingency: Buyer’s obligation to complete this sale is contingent upon an appraisal of the Premises acceptable tolender for at least the purchase price. If the Premises fail to appraise for the purchase price in any appraisal required by lender,Buyer has five (5) days after notice of the appraised value to cancel this Contract and receive a refund of the Earnest Money orthe appraisal contingency shall be waived.

2n. Appraisal Fee(s): Appraisal Fee(s), when required by lender, shall be paid by Buyer Seller Other

Appraisal Fee(s) are are not included in Seller’s Concessions, if applicable.

90.

134.

135.136.137.138. >>

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Page 4 of 9

4. DISCLOSURE

4a. Seller Property Disclosure Statement (“SPDS”): Seller shall deliver a completed AAR Residential SPDS form to the Buyer

4b.

139.

4c.

140.141.

142.143.144.145.

LBP Information was provided prior to Contract acceptance and Buyer acknowledges the opportunity to conduct LBP risk

146.147.

assessments or inspections during Inspection Period.

148.

Seller shall provide LBP Information within five (5) days after Contract acceptance. Buyer may within ten (10) days

149.

days after receipt of the LBP Information conduct or obtain a risk assessment or inspection of the Premises for the

150.151.

(5) days after expiration of the Assessment Period cancel this Contract.

152.

If Premises were constructed prior to 1978, (BUYER’S INITIALS REQUIRED)BUYER BUYER

153.

If Premises were constructed in 1978 or later, (BUYER’S INITIALS REQUIRED)BUYER BUYER

4d.

154.155.

156.

157.158.

4e.

159.

160.161.

162.

5. WARRANTIES

5a.

163.

164.165.166.167.

168.

5b.

169.170.171.

172.173.174.175.


within five (5) days after Contract acceptance. Buyer shall provide notice of any SPDS items disapproved within the InspectionPeriod or five (5) days after receipt of the SPDS, whichever is later.

Insurance Claims History: Seller shall deliver to Buyer a written five-year insurance claims history regarding Premises (or a claimshistory for the length of time Seller has owned the Premises if less than five years) from Seller’s insurance company or an insurancesupport organization or consumer reporting agency, or if unavailable from these sources, from Seller, within five (5) days afterContract acceptance. (Seller may obscure any reference to date of birth or social security number from the document). Buyer shallprovide notice of any items disapproved within the Inspection Period or five (5) days after receipt of the claims history, whichever

Lead-Based Paint Disclosure: If the Premises were built prior to 1978, the Seller shall: (i) notify the Buyer of any known lead-based paint (“LBP”) or LBP hazards in the Premises; (ii) provide the Buyer with any LBP risk assessments or inspections of thePremises in the Seller’s possession; (iii) provide the Buyer with the Disclosure of Information on Lead-based Paint and Lead-basedPaint Hazards, and any report, records, pamphlets, and/or other materials referenced therein, including the pamphlet “Protect YourFamily from Lead in Your Home” (collectively “LBP Information”). Buyer shall return a signed copy of the Disclosure of Informationon Lead-Based Paint and Lead-Based Paint Hazards to Seller prior to COE.

orpresence of LBP or LBP hazards (“Assessment Period”). Buyer may within five (5) days after receipt of the LBP Information or five

Affidavit of Disclosure: If the Premises is located in an unincorporated area of the county, and five or fewer parcels of property

Buyer is further advised to use certified contractors to perform renovation, repair or painting projects that disturb lead-based paint inresidential properties built before 1978 and to follow specific work practices to prevent lead contamination.

other than subdivided property are being transferred, the Seller shall deliver a completed Affidavit of Disclosure in the form requiredby law to the Buyer within five (5) days after Contract acceptance. Buyer shall provide notice of any Affidavit of Disclosure itemsdisapproved within the Inspection Period or five (5) days after receipt of the Affidavit of Disclosure, whichever is later.

Changes During Escrow: Seller shall immediately notify Buyer of any changes in the Premises or disclosures made herein, inthe SPDS, or otherwise. Such notice shall be considered an update of the SPDS. Unless Seller is already obligated by Section 5aor otherwise by this Contract or any amendments hereto, to correct or repair the changed item disclosed, Buyer shall be allowedfive (5) days after delivery of such notice to provide notice of disapproval to Seller.

Seller Warranties: Seller warrants and shall maintain and repair the Premises so that at the earlier of possession or COE: (i) allheating, cooling, mechanical, plumbing, and electrical systems (including swimming pool and/or spa, motors, filter systems, cleaningsystems, and heaters, if any), free-standing range/oven, and built-in appliances will be in working condition; (ii) all other agreed uponrepairs and corrections will be completed pursuant to Section 6j; (iii) the Premises, including all additional existing personal propertyincluded in the sale, will be in substantially the same condition as on the date of Contract acceptance; and (iv) all personal propertynot included in the sale and all debris will be removed from the Premises.

Warranties that Survive Closing: Seller warrants that Seller has disclosed to Buyer and Broker(s) all material latent defectsand any information concerning the Premises known to Seller, excluding opinions of value, which materially and adversely affectthe consideration to be paid by Buyer. Prior to the COE, Seller warrants that payment in full will have been made for all labor,professional services, materials, machinery, fixtures, or tools furnished within the 150 days immediately preceding the COE in

176.177.

178.179.180.181.

connection with the construction, alteration, or repair of any structure on or improvement to the Premises. Seller warrants that theinformation regarding connection to a sewer system or on-site wastewater treatment facility (conventional septic or alternative) iscorrect to the best of Seller’s knowledge.

5c. Buyer Warranties: Buyer warrants that Buyer has disclosed to Seller any information that may materially and adversely affect theBuyer’s ability to close escrow or complete the obligations of this Contract. At the earlier of possession of the Premises or COE,Buyer warrants to Seller that Buyer has conducted all desired independent inspections and investigations and accepts the Premises.

182.

Buyer warrants that Buyer is not relying on any verbal representations concerning the Premises except disclosed as follows:

183.184.

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is later.

185.186.187.188.

189.

190.

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Page 5 of 9

Inspection Period Buyer, at Buyer’s expense, shall: (i) conduct all desired physical, environmental, and other types of inspections

6b.

195.

6. DUE DILIGENCE

6a. Inspection Period: Buyer’s Inspection Period shall be ten (10) days or days after Contract acceptance. During the191.192.193.194.

196.197.

6c.

198.199.200.201.202.

performed at Buyer’s expense.

6d.

203.204.

205.

206.

6e.

207.208.209.210.

6f.

211.

Sewer or On-site Wastewater Treatment System: The Premises are connected to a:

212.

sewer system septic system alternative system

213.

IF A SEWER CONNECTION IS A MATERIAL MATTER TO THE BUYER, IT MUST BE INVESTIGATED DURING THE

214.

INSPECTION PERIOD. If the Premises are served by a septic or alternative system, the AAR On-site Wastewater Treatment

215.

Facility Addendum is incorporated herein by reference.

216.

(BUYER’S INITIALS REQUIRED)BUYER BUYER

6g.

217.

Swimming Pool Barrier Regulations: During the Inspection Period, Buyer agrees to investigate all applicable state, county, and

218.

municipal Swimming Pool barrier regulations and agrees to comply with and pay all costs of compliance with said regulations prior to

219.

occupying the Premises, unless otherwise agreed in writing. If the Premises contains a Swimming Pool, Buyer acknowledges receipt

220.

of the Arizona Department of Health Services approved private pool safety notice.

221.



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and investigations to determine the value and condition of the Premises; (ii) make inquiries and consult government agencies,lenders, insurance agents, architects, and other appropriate persons and entities concerning the suitability of the Premises andthe surrounding area; (iii) investigate applicable building, zoning, fire, health, and safety codes to determine any potential hazards,violations or defects in the Premises; and (iv) verify any material multiple listing service (“MLS”) information. If the presence ofsex offenders in the vicinity or the occurrence of a disease, natural death, suicide, homicide or other crime on or in the vicinity is amaterial matter to the Buyer, it must be investigated by the Buyer during the Inspection Period. Buyer shall keep the Premises freeand clear of liens, shall indemnify and hold Seller harmless from all liability, claims, demands, damages, and costs, and shall repairall damages arising from the inspections. Buyer shall provide Seller and Broker(s) upon receipt, at no cost, copies of all inspectionreports concerning the Premises obtained by Buyer. Buyer is advised to consult the Arizona Department of Real Estate BuyerAdvisory provided by AAR to assist in Buyer’s due diligence inspections and investigations.

Square Footage: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE PREMISES, BOTH THEREAL PROPERTY (LAND) AND IMPROVEMENTS THEREON, IS APPROXIMATE. IF SQUARE FOOTAGE IS A MATERIALMATTER TO THE BUYER, IT MUST BE INVESTIGATED DURING THE INSPECTION PERIOD.

Wood-Destroying Organism or Insect Inspection: IF CURRENT OR PAST WOOD-DESTROYING ORGANISMS OR INSECTS(SUCH AS TERMITES) ARE A MATERIAL MATTER TO THE BUYER, THESE ISSUES MUST BE INVESTIGATED DURING THEINSPECTION PERIOD. The Buyer shall order and pay for all wood-destroying organism or insect inspections performed during theInspection Period. If the lender requires an updated Wood-Destroying Organism or Insect Inspection Report prior to COE, it will be

Flood Hazard: Flood hazard designations or the cost of flood hazard insurance shall be determined by Buyer during theInspection Period. If the Premises are situated in an area identified as having any special flood hazards by any governmentalentity, the lender may require the purchase of flood hazard insurance. Special flood hazards may also affect the ability toencumber or improve the Premises.

Insurance: IF HOMEOWNER’S INSURANCE IS A MATERIAL MATTER TO THE BUYER, BUYER SHALL APPLY FORAND OBTAIN WRITTEN CONFIRMATION OF THE AVAILABILITY AND COST OF HOMEOWNER’S INSURANCE FOR THEPREMISES FROM BUYER’S INSURANCE COMPANY DURING THE INSPECTION PERIOD. Buyer understands that anyhomeowner’s, fire, casualty, or other insurance desired by Buyer or required by lender should be in place at COE.

6h.

222.

BUYER ACKNOWLEDGMENT: BUYER RECOGNIZES, ACKNOWLEDGES, AND AGREES THAT BROKER(S) ARE NOT

223.

224.

225.226.227.228.

HAVE BEEN DISCOVERED BY INSPECTION OR INVESTIGATION.

229.


QUALIFIED, NOR LICENSED, TO CONDUCT DUE DILIGENCE WITH RESPECT TO THE PREMISES OR THE SURROUNDINGAREA. BUYER IS INSTRUCTED TO CONSULT WITH QUALIFIED LICENSED PROFESSIONALS TO ASSIST IN BUYER’SDUE DILIGENCE EFFORTS. BECAUSE CONDUCTING DUE DILIGENCE WITH RESPECT TO THE PREMISES AND THESURROUNDING AREA IS BEYOND THE SCOPE OF THE BROKER’S EXPERTISE AND LICENSING, BUYER EXPRESSLYRELEASES AND HOLDS HARMLESS BROKER(S) FROM LIABILITY FOR ANY DEFECTS OR CONDITIONS THAT COULD

230.231.

6i.

232.233.

provided in a single notice.

Inspection Period Notice: Prior to expiration of the Inspection Period, Buyer shall deliver to Seller a signed notice of any itemsdisapproved. AAR’s Buyer’s Inspection Notice and Seller’s Response form is available for this purpose. Buyer shall conduct alldesired inspections and investigations prior to delivering such notice to Seller and all Inspection Period items disapproved shall be

234.235.236.

237.

238.239.240.241.

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Page 6 of 9

251.

BUYER’S FAILURE TO GIVE NOTICE OF DISAPPROVAL OF ITEMS OR CANCELLATION OF THIS CONTRACT WITHIN

252.253.

TRANSACTION WITHOUT CORRECTION OF ANY DISAPPROVED ITEMS.

6k.

254.

Notice of Non-Working Warranted Items: Buyer shall provide Seller with notice of any non-working warranted item(s) of which261.262.263.

6m. Walkthrough(s): Seller grants Buyer and Buyer’s inspector(s) reasonable access to conduct walkthrough(s) of the Premises for

265.

the purpose of satisfying Buyer that any corrections or repairs agreed to by the Seller have been completed, warranted items are in

266.

267.

working condition and that the Premises is in substantially the same condition as of the date of Contract acceptance. If Buyer does

6j. Buyer Disapproval: If Buyer, in Buyer’s sole discretion, disapproves of items as allowed herein, Buyer shall deliver to Seller noticeof the items disapproved and state in the notice that Buyer elects to either:

immediately cancel this Contract and all Earnest Money shall be released to Buyer, or(1)(2) provide the Seller an opportunity to correct the items disapproved, in which case:

(a) Seller shall respond in writing within five (5) days or days after delivery to Seller of Buyer’s notice of itemsdisapproved. Seller’s failure to respond to Buyer in writing within the specified time period shall conclusively be deemedSeller’s refusal to correct any of the items disapproved.

(b) If Seller agrees in writing to correct items disapproved, Seller shall correct the items, complete any repairs in a

242.243.

or days prior to COE Date.

244.

(c) If Seller is unwilling or unable to correct any of the items disapproved, Buyer may cancel this Contract within five (5)

245.

246.247.248.

Buyer shall close escrow without correction of those items that Seller has not agreed in writing to correct.

249.

VERBAL DISCUSSIONS WILL NOT EXTEND THESE TIME PERIODS. Only a written agreement signed by both parties will extend

250.

response times or cancellation rights.

255.

Buyer becomes aware during the Inspection Period or the Seller warranty for that item(s) shall be waived. Delivery of such notice

256.

shall not affect Seller’s obligation to maintain or repair the warranted item(s).

6l.

257.

Home Warranty Plan: Buyer and Seller are advised to investigate the various home warranty plans available for purchase. The

258.

parties acknowledge that different home warranty plans have different coverage options, exclusions, limitations, service fees and

259.

most plans exclude pre-existing conditions.

A Home Warranty Plan will be ordered by Buyer or Seller with the following optional coverage

264.

6n.

268.

269.

270.

until COE to enable Buyer to conduct these inspections and walkthrough(s).

, to be issued by at a cost

not to exceed $ , to be paid for by Buyer Seller

Buyer declines the purchase of a Home Warranty Plan.


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workmanlike manner and deliver any paid receipts evidencing the corrections and repairs to Buyer three (3) days

days after delivery of Seller’s response or after expiration of the time for Seller’s response, whichever occurs first, andall Earnest Money shall be released to Buyer. If Buyer does not cancel this Contract within the five (5) days as provided,

THE SPECIFIED TIME PERIOD SHALL CONCLUSIVELY BE DEEMED BUYER’S ELECTION TO PROCEED WITH THE260.

not conduct such walkthrough(s), Buyer releases Seller and Broker(s) from liability for any defects that could have been discovered.

Seller’s Responsibility Regarding Inspections and Walkthrough(s): Seller shall make the Premises available for all inspectionsand walkthrough(s) upon reasonable notice by Buyer. Seller shall, at Seller’s expense, have all utilities on, including any propane,

271.

7. REMEDIES

7a. Cure Period: A party shall have an opportunity to cure a potential breach of this Contract. If a party fails to comply with any

272.273.274.

breach of Contract.

7b.

275.276.277.

278.279.280.281.

282.

provision of this Contract, the other party shall deliver a notice to the non-complying party specifying the non-compliance. If thenon-compliance is not cured within three (3) days after delivery of such notice (“Cure Period”), the failure to comply shall become a

Breach: In the event of a breach of Contract, the non-breaching party may cancel this Contract and/or proceed against thebreaching party in any claim or remedy that the non-breaching party may have in law or equity, subject to the Alternative DisputeResolution obligations set forth herein. In the case of the Seller, because it would be difficult to fix actual damages in the event ofBuyer’s breach, the Earnest Money may be deemed a reasonable estimate of damages and Seller may, at Seller’s option, acceptthe Earnest Money as Seller’s sole right to damages; and in the event of Buyer’s breach arising from Buyer’s failure to deliver thenotice required by Section 2b, or Buyer’s inability to obtain loan approval due to the waiver of the appraisal contingency pursuantto Section 2m, Seller shall exercise this option and accept the Earnest Money as Seller’s sole right to damages. An unfulfilledcontingency is not a breach of Contract. The parties expressly agree that the failure of any party to comply with the terms andconditions of Section 1d to allow COE to occur on the COE Date, if not cured after a cure notice is delivered pursuant to Section 7a,will constitute a material breach of this Contract, rendering the Contract subject to cancellation.

283.284.285.286.287.288.289.290.291.

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Page 7 of 9

7c. Alternative Dispute Resolution (“ADR”): Buyer and Seller agree to mediate any dispute or claim arising out of or relating to this292.

mediation conference by notice to the other and in such event either party shall have the right to resort to court action.

7d.

293.294.295.296.297.298.299.300.

obligation to submit the claim to ADR, nor shall such action constitute a breach of the duty to mediate or arbitrate.

7e.

301.

Attorney Fees and Costs: The prevailing party in any dispute or claim between Buyer and Seller arising out of or relating to this

302.

Contract shall be awarded their reasonable attorney fees and costs. Costs shall include, without limitation, attorney fees, expert

303.

witness fees, fees paid to investigators, and arbitration costs.

8. ADDITIONAL TERMS AND CONDITIONS

8a.

305.306.307.

308.309.310.

311.

312.

313.

314.

315.


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Contract in accordance with the REALTORS® Dispute Resolution System, or as otherwise agreed. All mediation costs shall be paidequally by the parties. In the event that mediation does not resolve all disputes or claims, the unresolved disputes or claims shallbe submitted for binding arbitration. In such event, the parties shall agree upon an arbitrator and cooperate in the scheduling ofan arbitration hearing. If the parties are unable to agree on an arbitrator, the dispute shall be submitted to the American ArbitrationAssociation (“AAA”) in accordance with the AAA Arbitration Rules for the Real Estate Industry. The decision of the arbitrator shall befinal and nonappealable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.Notwithstanding the foregoing, either party may opt out of binding arbitration within thirty (30) days after the conclusion of the

Exclusions from ADR: The following matters are excluded from the requirement for ADR hereunder: (i) any action brought in theSmall Claims Division of an Arizona Justice Court (up to $3,500) so long as the matter is not thereafter transferred or removed fromthe small claims division; (ii) judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, oragreement for sale; (iii) an unlawful entry or detainer action; (iv) the filing or enforcement of a mechanic’s lien; or (v) any matter thatis within the jurisdiction of a probate court. Further, the filing of a judicial action to enable the recording of a notice of pending action(“lis pendens”), or order of attachment, receivership, injunction, or other provisional remedies shall not constitute a waiver of the

304.

316.

317.

318.

319.

320.

321.

322.

323.

324.

325.

326.

327.

328.

329.

330.

331.

332.

333.

334.

335.

336.

337.

338.

339.

340.

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Page 8 of 9

8b. Risk of Loss: If there is any loss or damage to the Premises between the date of Contract acceptance and COE or possession,

Buyer may elect to cancel the Contract.

8d. Arizona Law: This Contract shall be governed by Arizona law and jurisdiction is exclusively conferred on the State of Arizona.

8h.

be performed by 11:59 p.m. on Monday).

8k.

343.344.

any subsequent offer accepted by the Seller must be a backup offer contingent on the cancellation of this Contract.

8c. Permission: Buyer and Seller grant Broker(s) permission to advise the public of this Contract.

8e. Time is of the Essence: The parties acknowledge that time is of the essence in the performance of the obligations described

8f.

8g.

8i.

8j. Entire Agreement: This Contract, and any addenda and attachments, shall constitute the entire agreement between Seller and

341.342.

8l.

345.

Cancellation: A party who wishes to exercise the right of cancellation as allowed herein may cancel this Contract by delivering

346.

notice stating the reason for cancellation to the other party or to the Escrow Company. Cancellation shall become effective

347.

immediately upon delivery of the cancellation notice.

8m.

348.

349.350.351.

8r, to Seller as indicated in Section 9a and to the Escrow Company indicated in Section 3a.

8n.

352.

Earnest Money: Earnest Money is in the form of: Personal Check Other

353.

If applicable, Earnest Money has been received by Broker named in Section 8r and upon acceptance of this offer will be deposited

354.

with: Escrow Company Broker’s Trust Account. Buyer acknowledges that failure to pay the required closing funds by the

8o.

355.356.

Release of Broker(s): Seller and Buyer hereby expressly release, hold harmless and indemnify Broker(s) in this

357.358.

investment and are not qualified to provide financial, legal, or tax advice regarding this real estate transaction.


359.

8p.

360.361.

in person, by mail, facsimile or electronically, and received by Broker named in Section 8r

362.

by p.m., Mountain Standard Time.a.m./at,

363.

Buyer may withdraw this offer at any time prior to receipt of Seller’s signed acceptance. If no signed acceptance is received by this

364.

date and time, this offer shall be deemed withdrawn and the Buyer’s Earnest Money shall be returned.

365.366.


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whichever is earlier, by reason of fire, vandalism, flood, earthquake, or act of God, the risk of loss shall be on the Seller, provided,however, that if the cost of repairing such loss or damage would exceed ten percent (10%) of the purchase price, either Seller or

Compensation: Seller and Buyer acknowledge that Broker(s) shall be compensated for services rendered as previously agreed byseparate written agreement(s), which shall be delivered by Broker(s) to Escrow Company for payment at COE, if not previously paid.If Seller is obligated to pay Broker(s), this Contract shall constitute an irrevocable assignment of Seller’s proceeds at COE. If Buyeris obligated to pay Broker(s), payment shall be collected from Buyer as a condition of COE. COMMISSIONS PAYABLE FOR THESALE, LEASING, OR MANAGEMENT OF PROPERTY ARE NOT SET BY ANY BOARD OR ASSOCIATION OF REALTORS®, ORMULTIPLE LISTING SERVICE, OR IN ANY MANNER OTHER THAN BETWEEN THE BROKER AND CLIENT.

Copies and Counterparts: A fully executed facsimile or electronic copy of the Contract shall be treated as an original Contract.This Contract and any other documents required by this Contract may be executed by facsimile or other electronic means and inany number of counterparts, which shall become effective upon delivery as provided for herein, except that the Lead-Based PaintDisclosure Statement may not be signed in counterpart. All counterparts shall be deemed to constitute one instrument, and eachcounterpart shall be deemed an original.

Days: All references to days in this Contract shall be construed as calendar days and a day shall begin at 12:00 a.m. andend at 11:59 p.m.

Calculating Time Periods: In computing any time period prescribed or allowed by this Contract, the day of the act or event fromwhich the time period begins to run is not included and the last day of the time period is included. Contract acceptance occurs on thedate that the signed Contract (and any incorporated counter offer) is delivered to and received by the appropriate Broker. Acts thatmust be performed three days prior to the COE Date must be performed three full days prior (i.e., if COE Date is Friday the act must

Buyer, shall supersede any other written or oral agreements between Seller and Buyer and can be modified only by a writing signedby Seller and Buyer. The failure to initial any page of this Contract shall not affect the validity or terms of this Contract.

Subsequent Offers: Buyer acknowledges that Seller has the right to accept subsequent offers until COE. Seller understands that

367.368.369.

370.371.

372.373.374.

375. Notice: Unless otherwise provided, delivery of all notices and documentation required or permitted hereunder shall be in writing anddeemed delivered and received when: (i) hand-delivered; (ii) sent via facsimile transmission; (iii) sent via electronic mail, if emailaddresses are provided herein; or (iv) sent by recognized overnight courier service, and addressed to Buyer as indicated in Section

scheduled COE, if not cured after a cure notice is delivered pursuant to Section 7a, shall be construed as a material breach of thiscontract and all earnest money shall be subject to forfeiture.

376.

transaction from any and all liability and responsibility regarding financing, the condition, square footage, lot lines,boundaries, value, rent rolls, environmental problems, sanitation systems, roof, wood infestation, building codes,governmental regulations, insurance, price and terms of sale, return on investment or any other matter relating to the valueor condition of the Premises. The parties understand and agree that the Broker(s) do not provide advice on property as an

377.378.

379.380.

381.382.383.

384.

(SELLER’S INITIALS REQUIRED)SELLER SELLER

Terms of Acceptance: This offer will become a binding Contract when acceptance is signed by Seller and a signed copy delivered

385.386.387.388.

herein.

389.

390.

391.392.

393.394.395.

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Page 9 of 9

8r. Broker on behalf of Buyer:

8s. Agency Confirmation: The Broker named in Section 8r above is the agent of (check one):

396.

the Buyer; the Seller; or both the Buyer and Seller

8t.

397.

The undersigned agree to purchase the Premises on the terms and conditions herein stated and acknowledge receipt of

398.

a copy hereof including the Buyer Attachment.

399.


400.

ADDRESS

401.

CITY, STATE, ZIP CODE

ADDRESS

CITY, STATE, ZIP CODE

9. SELLER ACCEPTANCE

9a. Broker on behalf of Seller:

403.

404.

405.

9b.

406.

Agency Confirmation: The Broker named in Section 9a above is the agent of (check one):

407.

the Seller; or both the Buyer and Seller

9c.

408.

The undersigned agree to sell the Premises on the terms and conditions herein stated, acknowledge receipt of a

409.

copy hereof and grant permission to Broker named on Section 9a to deliver a copy to Buyer.

402.

410.

411.

Counter Offer is attached, and is incorporated herein by reference. Seller should sign both this offer and the Counter Offer.If there is a conflict between this offer and the Counter Offer, the provisions of the Counter Offer shall be controlling.

412.


414.

ADDRESS ADDRESS

415.

CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE

413.

SELLER'S NAME PRINTED SELLER'S NAME PRINTED

416.

OFFER REJECTED BY SELLER:MONTH DAY

,YEAR (SELLER'S INITIALS)




8q. THIS CONTRACT CONTAINS NINE PAGES EXCLUSIVE OF ANY ADDENDA AND ATTACHMENTS. PLEASE ENSURE THATYOU HAVE RECEIVED AND READ ALL NINE PAGES OF THIS OFFER AS WELL AS ANY ADDENDA AND ATTACHMENTS.

PRINT SALESPERSON'S NAME AGENT MLS CODE AGENT STATE LICENSE NO.

PRINT FIRM NAME FIRM MLS CODE

FIRM ADDRESS STATE ZIP CODE FIRM STATE LICENSE NO.

PREFERRED TELEPHONE FAX EMAIL



FIRM ADDRESS STATE ZIP CODE FIRM STATE LICENSE NO.

PREFERRED TELEPHONE FAX EMAIL

417.418.

419.420.

421.

422.

423.

424.

425.



Page 9 of 9


SHORT SALE ADDENDUMDocument updated:

February 2010







<Initials Initials>

BROKER BROKER SELLER SELLER

TO COMMERCIAL LISTING CONTRACT

Seller:1.

Buyer:2.

Property Address:3.

Date:4.

8.

9.10.11.12.

13.14.15.16.17.

18.19.20.

21.22.23.

24.25.26.27.28.29.30.

31.32.33.

5.6.7.

Short Sale Addendum to Commercial Listing Contract • February 2010


34.^ SELLER SIGNATURE MO/DA/YR

35.^ FIRM NAME (BROKER) MO/DA/YR

Phone: Fax:


Seller acknowledges that Broker is not qualified to provide financial, legal, or tax advice regarding a short sale transaction.Therefore, the Seller is advised to obtain professional tax advice and consult independent legal counsel immediatelyregarding the tax implications and advisability of entering into a short sale agreement.

(SELLER'S INITIALS REQUIRED)SELLER SELLER

SHORT-SALE DEFINED: The term "short sale" is used to describe a sale in a situation where there is more debt owing againsta property than the property's value. In a loan default situation, (pre-foreclosure) the creditor(s) may be willing to agree to allowthe property to be sold for less than the loan amount and/or accept less than (or "short") the amount owed as payment in full.Seller acknowledges that there may be disadvantages to a short sale.

CREDIT AND CREDITOR CONSIDERATIONS: A short sale may adversely affect the Seller's credit score. Further, even ifthe creditor(s) agrees to a short sale, the creditor(s) may not agree to forgive the debt entirely, and may require the Sellerto pay the difference as a personal obligation. If the loan is guaranteed by the FHA or VA, these entities may also requirepayment of the difference. Seller is advised to be certain of the terms of any short sale before making a decision, andobtain any debt forgiveness agreement in writing.

TAX CONSIDERATIONS: A short sale in which a portion of the debt is forgiven is considered a relief of debt and may betreated as income for tax purposes. A creditor who forgives a debt may submit a 1099 form to the IRS indicating the amountof the debt that has been forgiven.

DETERMINING THE AMOUNT OWED: Seller agrees to disclose all liens encumbering the Property and to cooperate withBroker(s), escrow company, and creditor(s) to determine the amount of debt owed on the property, including but not limited to,purchase money loans, home equity loans, homeowner's association fees, property taxes and other tax liens.

OBTAINING CREDITOR APPROVAL: Obtaining creditor(s) approval of a short sale involves documentation similar tothat required for the original loan application. The Seller must generally establish that the Seller is financially incapableof paying the loan(s). The Seller agrees to promptly submit to creditor(s) all requested documentation, including W-2 formsfrom employers, bank statements, tax returns, "hardship letter" (stating the reason the creditor(s) should consider grantinga short sale) and other requested financial documents outlining income and debt. The Seller acknowledges that it may takeweeks or months to obtain creditor(s) approval of a short sale. Seller(s) agrees to grant creditor(s) permission to communicatedirectly with Broker(s).

OTHER OPTIONS: Seller is advised to explore options with creditors other than a short sale, such as loan modification, revisedrepayment plan, refinance or entry into a lender(s) loan mitigation program, if available.Seller agrees to notify Broker if Seller decides to pursue other options.



Untitled

SHORT SALE ADDENDUMDocument updated:

February 2010







SELLER SELLER BUYER BUYER

TO THE COMMERCIAL PURCHASE CONTRACT

Seller:1.

Buyer:2.

Property Address:3.

Date:4.

8.9.

10.11.

12.13.14.

15.

16.17.18.19.

20.

21.22.

23.24.

25.26.

27.

28.29.

30.31.32.33.

5. The following additional terms and conditions are hereby included as part of the Contract between Seller and Buyer for the above6.

7.

Short Sale Addendum to the Commercial

Purchase Contract • February 2010

>>

34.

35.36.37.

38.

39.

BUYER CANCELLATION

TERMS UPON ACCEPTABLE SHORT SALE AGREEMENT

DOCUMENTATION TO CREDITOR(S)

CONTINGENT UPON ACCEPTABLE SHORT SALE AGREEMENT

referenced Property.

a short sale.

to Buyer ("Agreement Notice").

Escrow for purposes of all applicable Contract time periods.

of Agreement Notice.

Loan Costs: Buyer will be responsible for all Buyers' Loan Costs.

included in the sale, will be in substantially the same condition as on the date of mutual execution of the Contract.

Close of Escrow: Close of Escrow shall occur thirty (30) days or

additional cost or liability.

Property only to the holder of the Contract with terms and conditions most acceptable to creditor(s).

required. Seller instructs creditor(s) to provide approval status updates to Broker(s) and Buyer upon request.

Buyer and Seller acknowledge that there is more debt owing against the Property than the purchase price. Therefore, this Contractis contingent upon an agreement between the Seller and Seller's creditor(s), acceptable to both, to sell the Property for less thanthe loan amount(s) ("short sale"). Buyer and Seller acknowledge that it may take weeks or months to obtain creditor(s) approval of

Nothing shall limit a Seller from accepting subsequent offers from subsequent buyer(s) and submitting the back-up contract(s) toSeller's creditor(s) for consideration. All parties understand and agree that Seller's creditor(s) may elect to allow the Seller to sell the

Seller shall submit to creditor(s) a copy of this Contract, including this and other Addenda, and any other documentation required by thecreditor(s) for approval of this sale within five (5) days after Contract acceptance. Seller agrees to diligently work to obtain short saleapproval and will promptly provide the creditor(s) with all additional documentation required, including an appraisal, at Seller's expense, if

Agreement Notice: If Seller and Seller's creditors enter into a short sale agreement, the Seller shall immediately deliver notice

Time Periods: The date of Seller's delivery of the Short Sale Agreement Notice to Buyer shall be deemed the date of Opening of

Escrow and Earnest Money: Buyer shall promptly open Escrow and deposit Earnest Money as described in the Contract upon receipt

Seller Warranties: Buyer hereby waives Seller's warranties as set forth in Lines 260 - 263 of the Contract that all listed items shall bein working condition at the earlier of possession or COE.

However, Seller warrants and shall maintain and repair the Property so that, pursuant to lines 263 - 264 of the Contract, at the earlier ofpossession or COE, the Property, including all heating, cooling, mechanical, plumbing, and electrical systems (including swimming pooland/or spa, motors, filter systems, cleaning systems, and heaters, if any), and built-in appliances and additional existing personal property

Creditor Requirements: Buyer and Seller agree to cooperate with Creditor(s) and sign additional Creditor disclosure(s) or executeadditional addendum(a) required by Creditor(s) as a condition of approval of the short sale, provided that Buyer and Seller incur no

Buyer may unilaterally cancel this Contract by notice to Seller at any time before receipt of a short sale Agreement Notice from Seller.

days after delivery of Agreement Notice.

Page 1 of 2

Page 1 of 2


Phone: Fax:





Short Sale Addendum to the Commercial


SELLER SELLER BUYER BUYER

Purchase Contract • February 2010

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74. In the event that any provision contained in this Addendum conflicts in whole or in part with any terms contained in the Contract, the75. provisions of this Addendum shall prevail and the conflicting terms are hereby considered deleted and expressly waived by both Buyer76. and Seller.

77.MO/DA/YR^ BUYER'S SIGNATURE ^ BUYER'S SIGNATURE MO/DA/YR

78.^ SELLER'S SIGNATURE MO/DA/YR ^ SELLER'S SIGNATURE MO/DA/YR

Short Sale Addendum to the Commercial Purchase Contract >>Page 2 of 2

LEGAL AND TAX ADVICE40.

41.42.43.

44.

Seller acknowledges that Broker is not qualified to provide financial, legal, or tax advice regarding a short sale transaction.Therefore, the Seller is advised to obtain professional tax advice and consult independent legal counsel immediatelyregarding the tax implications and advisability of entering into a short sale agreement.

(SELLER'S INITIALS REQUIRED)SELLER SELLER

UNFULFILLED CONTINGENCY45.

In the event that Seller and Seller's creditor(s) are unable to reach a short sale agreement acceptable to both, at the sales price contained

OTHER TERMS AND CONDITIONS49.

46.47.48.

herein, Seller shall promptly notify Buyer of same, and the Contract shall be deemed cancelled due to the unfulfilled short sale contin-gency. If applicable, Buyer shall be entitled to a return of any Earnest Money.

Page 2 of 2


Brokerage File/Log No. Manager's Initials Broker's Initials DateMO/DA/YR(Added February 2012)

Untitled

(a) physical, environmental, and other inspections and investigations;

Seller:

Buyer:

Property Address or Assessor's #(s):

BUYER DUE DILIGENCE INSPECTIONS AND INVESTIGATIONS COMPLETED

Buyer has completed all desired Due Diligence Period items to satisfy Buyer with respect to the physical condition of theProperty, financing, appraised value, the condition of title to the Property and as to the feasibility and suitability of the Propertyfor Buyer's intended purpose, such as:

inquiries and consultations with government agencies, lenders, insurance agents, architects, and other persons and entities;(b)(c) investigations of applicable building, zoning, fire, health, and safety codes;(d) inquiries regarding sex offenders and the occurrence of a disease, natural death, suicide, homicide or other crime on the Property or

in the vicinity;(e) inspections and investigations pertaining to square footage/acreage, sewer, flood hazard, site/soil evaluation, land divisions, roads,

survey and water well/water rights;(f) inspections and investigations of any other items important to the Buyer.

Buyer has verified all information deemed important including:(a) MLS or listing information; and(b) all other information obtained regarding the Property.

Buyer elects as follows:Property Accepted – No corrections requested. Buyer accepts the Property in its present condition and no corrections or repairs arerequested.Property Rejected – Buyer disapproves of the items listed below and elects to immediately cancel the Contract.Buyer elects to provide Seller an opportunity to correct the disapproved items listed below.

Items disapproved:

Buyer acknowledges that the Broker(s): (1) make no representations concerning the competency of any inspectors, contractorsand/or repair persons and assume no responsibility for any deficiencies or errors made; and (2) neither the Seller nor Broker(s) areexperts at detecting or repairing physical defects in the Property. The undersigned agrees to the modified or additional terms andconditions, if any, and acknowledges receipt of a copy hereof.


Buyer acknowledges that:(a) All desired Due Diligence Period inspections and investigations must be completed prior to delivering this notice to Seller;(b) All Due Diligence Period items disapproved must be provided in this notice;(c) Buyer’s election is limited to the options specified below;(d) Buyer is not entitled to change or modify Buyer’s election after this notice is delivered to Seller.

Document updated:VACANT LAND/LOT BUYER'S DUE DILIGENCE NOTICEFebruary 2013






Page 1 of 2

1.

2.

3.

4. Date:

>>

Vacant Land/Lot Buyer's Due Diligence Notice and

Page 1 of 2

Phone: Fax:


Seller's Response • Updated: February 2013


AND SELLER'S RESPONSE



BUYER’S WAIVER OF INSPECTIONS

BUYER ACKNOWLEDGES THAT BUYER WAS ADVISED TO OBTAIN INSPECTIONS OF THE PROPERTY BY QUALIFIEDINSPECTOR(S) AND BUYER DECLINED. By acting against the Broker’s advice, Buyer accepts responsibility and hereby releases,indemnifies and holds harmless Brokers from any and all liability for all matters that professional inspections could have revealed.

SELLER’S RESPONSE

If Buyer provides Seller an opportunity to correct items disapproved, Seller shall respond within five (5) days or otherwise specified daysafter delivery of this notice.

Seller responds as follows:Seller agrees to correct the items disapproved by Buyer pursuant to terms set forth herein and Section 6m of the Contract.Seller is unwilling or unable to correct any of the items disapproved by Buyer.Seller’s response to Buyer’s Notice is as follows:

The undersigned agrees to the modified or additional terms and conditions, if any, and acknowledges receipt of a copy hereof.


Buyer elects to cancel this ContractBuyer accepts the Seller’s response to Buyer’s Notice and agrees to close escrow without correction of those items Seller has notagreed in writing to correct.



BUYER'S ELECTIONTO BE COMPLETED ONLY IF SELLER HAS NOT AGREED TO CORRECT ALL ITEMS DISAPPROVED (See Section 6N)

The undersigned agrees to the modified or additional terms and conditions, if any, and acknowledges receipt of a copy hereof.

TO BE COMPLETED ONLY IF BUYER PROVIDES SELLER AN OPPORTUNITY TO CORRECT ITEMS DISAPPROVEDON PAGE 1. (See Section 6N)

Page 2 of 2

Vacant Land/Lot Buyer's Due Diligence Notice and Sellers Response >>

Property Address or Assessor's #(s):

Vacant Land/Lot Buyer's Due Diligence Notice and

Seller's Response • Updated: February 2013


Page 2 of 2


BUYER ATTACHMENTDocument updated:

February 2016

This attachment should be given to the Buyer prior to the submission

of any offer and is not part of the Vacant Land/Lot Contract's terms.

Copyright © 2016 Arizona Association of REALTORS®. All rights reserved.Buyer Attachment • Updated: February 2016


Phone: Fax:


Buyer's Check List

ATTENTION BUYER!You are entering into a legally binding agreement.

1. Read the entire contract before you sign it.

2. Review the Seller’s Property Disclosure Statement and other disclosures

3. Review the Due Diligence Paragraph (see Section 6a).

4. Apply for your loan now, if you have not done so already, and provideyour lender with all requested information (see Section 2d).

5. Read the title commitment (see Section 3c).

6.

7.

(See Section 4a and 4b).• This information comes directly from the Seller.• Investigate any blank spaces, unclear answers or any other information that is important to you.

Verify square footage/acreage (see Section 6b)Verify whether the property is served by city or private sewer and its availability status (see Section 6e); ORIf an on-site wastewater treatment system has been installed on the Property (see Section 6e), ANDIf a well has been installed on the Property (see Sections 4d and 6k)

It is your responsibility to make sure that you and your lender deliver the necessary funds to escrow insufficient time to allow escrow to close on the agreed upon date.

Read the CC&R’s, use restrictions, and all other governing documents includingdesign guidelines (see Section 3c), especially if the property is governed by ahomeowners association.

Conduct a thorough final inspection (see Section 6o). If the property isunacceptable, speak up. After the closing may be too late.

You can obtain information through the Buyer’s Advisory at http://www.aaronline.com.

Remember, you are urged to consult with an attorney, inspectors, and experts of your choice in any areaof interest or concern in the transaction. Be cautious about verbal representations, advertising claims, andinformation contained in a listing. Verify anything important to you.



1. PROPERTY

1a. 1. BUYER:

2. SELLER:

BUYER'S NAME(S)

as identified in section 9c.orSELLER'S NAME(S)

3. Buyer agrees to buy and Seller agrees to sell the real property with all improvements, fixtures, and appurtenances thereon

4. or incidental thereto, if any, plus the personal property described herein (collectively the "Property").

1b. 5. Property Address: Zoning:

6. Assessor's #(s):

7. City: County: AZ, Zip Code:

8. Legal Description: see attached legal description.

1c. 9. $ Full Purchase Price, paid as outlined below

10. $ Earnest money

11. $

12. $

13.

14. Incidental Improvements: Buyer is purchasing the Property as vacant land. Any improvements, fixtures and appurtenances1d.

15. thereon or incidental thereto, are being transferred in their existing condition ("AS IS") and Seller makes no warranty to Buyer,

16. expressed or implied, as to their condition except as provided for in section 5a.

1f. 24. Close of Escrow: Close of Escrow (“COE”) shall occur when the deed is recorded at the appropriate county recorder’s office.

25. Buyer and Seller shall comply with all terms and conditions of this Contract, execute and deliver to Escrow Company all closing

26. documents, and perform all other acts necessary in sufficient time to allow COE to occur on

27.MONTH DAY

,YEAR

("COE Date"). If Escrow Company or recorder's office is closed on

28. COE Date, COE shall occur on the next day that both are open for business.

29. Buyer shall deliver to Escrow Company a cashier's check, wired funds or other immediately available funds to pay any down

30. payment, additional deposits or Buyer’s closing costs, and instruct the lender, if applicable, to deliver immediately available

31. funds to Escrow Company, in a sufficient amount and in sufficient time to allow COE to occur on COE Date.

or

Page 1 of 10

PURCHASE CONTRACTDocument updated:

February 2016






VACANT LAND/LOT

If subdivided land or unsubdivided land is being sold by a subdivider, i.e., a person who owns 6 or more lots, a public report will

generally be required and an Addendum regarding subdivided or unsubdivided land must be executed by the Seller and Buyer.

>>

Vacant Land/Lot Purchase Contract • Updated: February 2016


All rights reserved.<Initials Initials>


Phone: Fax:


1e. 17.

18.

19.

20.

21.

22.

23.

Fixtures and Personal Property: Seller agrees that all existing fixtures on the Property, and any existing personal property

specified herein, shall be included in this sale, including the following:

Personal property included herein shall be transferred with no monetary value, and free and clear of all liens

or encumbrances.

Fixtures and leased items NOT included:



2. FINANCING

Page 2 of 10

Vacant Land/Lot Purchase Contract >>

>>



<Initials Initials>



1g. 32. Possession: Seller shall deliver access to keys and/or means to operate all locks, mailbox, and all common area facilities,33. subject to the rights of tenants under existing leases, to Buyer at COE or . Broker(s) recommend that34. the parties seek appropriate counsel from insurance, legal, tax, and accounting professionals regarding the risks of

1h.

35.

Addenda Incorporated: Buyer Contingency Domestic Water Well H.O.A.36. Additional ClauseOn-site Wastewater Treatment Facility

Vacant Land/Lot37.

Other:

38. Purchase Contract Addendum Regarding Subdivided or Unsubdivided LandMarket Conditions Advisory Short Sale

1i.

39.

40.41.

IF THIS IS AN ALL CASH SALE: Buyer shall provide Seller, within five (5) days or days after Contractacceptance, either a Letter of Credit or a Source of Funds Letter from a financial institution documenting theavailability of funds to close escrow as agreed. Section 2 shall not apply, GO TO SECTION 3.

2b.

45.

Financing: This sale is is not contingent upon Buyer obtaining a satisfactory financing commitment within Due46.Diligence Period pursuant to Section 6a. (If sale is not contingent on a financing commitment, go to Section 2k.)

2c.

47.

Financing Commitment Contingency Period: If the sale is contingent upon Buyer obtaining a satisfactory financing commitment,48.49.50.51.52.

2g.

60.61.

62.

63.2h.64.65.

2i. 66.67.68.69.

70.

71.

Buyer Seller

Other

2j.

72.

Partial Release, if applicable: Buyer and Seller agree that any partial releases will be addressed under Additional Terms

partial release.

2a.

42.

43.

44.

Type of Financing: Conventional FHA VA USDA Assumption Seller Carryback

(If financing is to be other than new financing, see attached addendum.)

Buyer shall have the Due Diligence Period to obtain a financing commitment, including appraised value, satisfactory to Buyer inBuyer’s sole discretion, for a loan to purchase the Property or Buyer may cancel this Contract and receive a refund of the Earnest

Money. PRIOR TO THE EXPIRATION OF THE DUE DILIGENCE PERIOD, BUYER SHALL DELIVER TO SELLER AND ESCROWCOMPANY NOTICE THAT BUYER HAS NOT RECEIVED SUCH SATISFACTORY FINANCING COMMITMENT OR BUYERSHALL BE DEEMED TO HAVE WAIVED THE FINANCING COMMITMENT CONTINGENCY AND ANY RIGHT TO CANCEL DUE

2d.

53.54.

Pre-Qualification: If using Conventional, FHA, VA, or USDA financing, a completed AAR Pre-Qualification Form isattached hereto and incorporated by reference.

55.

2e.

56.

57.58.

2f.

59.

Loan Status Update: Buyer shall deliver to Seller the Loan Status Update (LSU) with at a minimum lines 1-40 completeddescribing the current status of the Buyer’s proposed loan within ten (10) days after Contract acceptance and instruct lender toprovide an updated LSU to Broker(s) and Seller upon request.

Loan Processing During Escrow: Buyer agrees to diligently work to obtain the loan and will promptly provide the lender with alladditional documentation required. Buyer shall sign all loan documents no later than three (3) days prior to the COE Date.

Loan Costs: Buyer shall pay all costs of obtaining the loan, except as provided herein.

VA Loan Costs: In the event of a VA loan, Seller agrees to pay the escrow fee and up to $ of loancosts not permitted to be paid by the Buyer, in addition to the other costs Seller has agreed to pay herein, including Seller’s

Changes: Buyer shall immediately notify Seller of any changes in the loan program, financing terms, or lender described in thePre-Qualification Form if attached hereto or LSU provided within ten (10) days after Contract acceptance and shall only makeany such changes without the prior written consent of Seller if such changes do not adversely affect Buyer’s ability to obtainloan approval without Prior to Document (PTD) conditions, increase Seller’s closing costs, or delay COE.

Appraisal Fee(s): Appraisal Fee(s), when required by Lender, shall be paid by

Appraisal Fee(s) are are not included in Seller Concessions, if applicable.

2k.and Conditions or attached Addendum. Broker(s) recommend the parties seek appropriate counsel regarding the risks of

Loan Assumption Seller Financing

pre-possession or post-possession of the Property.

TO FINANCING.

Concessions.

73.74.75.


Untitled

3. TITLE AND ESCROW

Page 3 of 10


>>



<Initials Initials>



2l. 76.77.78.79.

105.106.

provided, Escrow Company shall record the Affidavit at COE.

Subordination: If applicable, Seller carryback financing is is not to be subordinated to a construction loan. If Selleragrees to subordination, such subordination shall only be allowed if the Seller Carryback financing is not in default and if theSeller approves the terms and conditions of the construction loan to be recorded as a senior loan. Approval will not beunreasonably withheld. IF SELLER SUBORDINATES THE SELLER CARRYBACK FINANCING TO A SENIOR LOAN, THESELLER ACKNOWLEDGES THAT IN ORDER TO PROTECT THE SELLER CARRYBACK FINANCING, THE SELLER MAYHAVE TO MAKE PAYMENTS ON THE SENIOR LOAN IF THE SENIOR LOAN IS IN DEFAULT. Broker(s) recommendthe parties seek appropriate counsel regarding the risks of subordination.

3a.

80.

Escrow: This Contract shall be used as escrow instructions. The Escrow Company employed by the parties to carry out the

81.

terms of this Contract shall be:

82.

"ESCROW/TITLE COMPANY" PHONE

83.

FAX EMAIL

84.

ADDRESS

3b.

85.

Title and Vesting: Buyer will take title as determined before COE. Taking title may have significant legal, estate planning and

86.

tax consequences. Buyer is advised to obtain legal and tax advice.

3c.

87.

Title Commitment and Title Insurance: Escrow Company is hereby instructed to obtain and deliver to Buyer and Seller

88.

directly, addressed pursuant to 8s and 9c or as otherwise provided, a Commitment for Title Insurance together with complete

89.

90.91.92.93.94.95.

and legible copies of all documents that will remain as exceptions to Buyer’s policy of Title Insurance (“Title Commitment”),including but not limited to Conditions, Covenants and Restrictions (“CC&Rs”); deed restrictions; and easements within fifteen(15) days after Contract acceptance. Buyer shall have prior to the expiration of the Due Diligence Period to provide writtennotice of any items disapproved. Buyer shall be provided, at Seller’s expense, a Standard Owner’s Title Insurance Policyshowing the title vested in Buyer. Buyer may acquire extended coverage(s) at Buyer’s own additional expense.

deed.

Seller shall convey title by warranty deed, subject to existing taxes, assessments, covenants, restrictions, rights of way,

easements and all other matters of record or

3d.

96.

97.

98.

99.100.101.102.103.104.

Additional Instructions: (i) Escrow Company shall promptly furnish notice of pending sale that contains the name andaddress of the Buyer to any homeowner’s association in which the Property is located. (ii) If the Escrow Company is alsoacting as the title agency but is not the title insurer issuing the title insurance policy, Escrow Company shall deliver to theBuyer and Seller, upon deposit of funds, a closing protection letter from the title insurer indemnifying the Buyer and Seller forany losses due to fraudulent acts or breach of escrow instructions by the Escrow Company. (iii) All documents necessary toclose this transaction shall be executed promptly by Seller and Buyer in the standard form used by Escrow Company. EscrowCompany shall modify such documents to the extent necessary to be consistent with this Contract. (iv) Escrow Company fees,unless otherwise stated herein, shall be allocated equally between Seller and Buyer. (v) Escrow Company shall send to allparties and Broker(s) copies of all notices and communications directed to Seller, Buyer and Broker(s). (vi) Escrow Companyshall provide Broker(s) access to escrowed materials and information regarding the escrow. (vii) If an Affidavit of Disclosure is

3e.

107.108.109.

110.111.112.113.

114.

Prorations, Expenses and Adjustments:Taxes: Real property taxes payable by the Seller shall be prorated through COE, based upon the latest tax bill available.The parties agree that any discrepancy between the latest tax bill available and the actual tax bill when received shall behandled as a Post Closing Matter and Buyer or Seller may be responsible for additional tax payments to each other.

Rents, Interest and Expenses: Rents; interest on existing notes, if transferred; utilities; and operating expenses shall beprorated through COE. The Parties agree to adjust any rents received after COE as a Post Closing Matter.

Deposits: All deposits held by Seller pursuant to rent/lease agreement(s) shall be credited against the cash required ofBuyer at COE or paid to Buyer by Seller at COE.

3f.

115.

116.117.

Post Closing Matters: The parties shall promptly adjust any item to be prorated that is not determined or determinable atCOE as a Post Closing Matter by appropriate cash payment to the other party outside of the escrow when the amount due isdetermined. Seller and Buyer agree that Escrow Company and Broker(s) are relieved of any responsibility for said

118.119.120.121. adjustments.


Untitled

Page 4 of 10


>>



<Initials Initials>



3g. 122.123.124.

150.151.

3h.

125.126.

127.128.129.

3j.

130.131.

3k.

132.133.134.

135.136.

137.138.139.140.

4a.

141.142.

143.

144.

145.146.147.148.149.

4b.

152.153.

154.155.

156.157.158.159.

4e.

162.

163.164.

3i.

Release of Earnest Money: In the event of a dispute between Buyer and Seller regarding any Earnest Money deposited with

arising from or relating in any way to the release of Earnest Money.

Assessment Liens: The amount of any assessment, other than homeowner’s association assessments, that is a lien as ofthe COE shall be: paid in full by Seller prorated and assumed by Buyer paid in full by Buyer. Any assessment thatbecomes a lien after COE is the Buyer’s responsibility.

IRS and FIRPTA Reporting: Seller agrees to comply with IRS reporting requirements. If applicable, Seller agrees to complete,sign, and deliver to Escrow Company a certificate indicating whether Seller is a foreign person or a non-resident alien pursuantto the Foreign Investment in Real Property Tax Act (FIRPTA). Buyer and Seller acknowledge that if the Seller is a foreignperson, the Buyer (or Escrow Company, as directed by Buyer) must withhold a tax of up to 15% of the purchase price, unless an

Agricultural Foreign Investment Disclosure Act: If applicable, Buyer and Seller shall comply with the Agricultural ForeignInvestment Disclosure Act and make the required disclosures to the U.S. Department of Agriculture.

TAX DEFERRED EXCHANGE: If Seller or Buyer intends to enter into a tax-deferred exchange pursuant to I.R.C. §1031

liability that may arise from participation in the tax deferred exchange.

Escrow Company, Buyer and Seller authorize Escrow Company to release Earnest Money pursuant to the terms and conditionsof this Contract in its sole and absolute discretion. Buyer and Seller agree to hold harmless and indemnify Escrow Companyagainst any claim, action or lawsuit of any kind, and from any loss, judgment, or expense, including costs and attorney fees,

or otherwise, all additional costs in connection with any such tax-deferred exchange shall be borne by the party requesting theexchange. The non-requesting party agrees to cooperate in the tax-deferred exchange provided that the non-requesting partyincurs no additional costs and COE is not delayed. The parties are advised to consult a professional tax advisor regarding theadvisability of any such exchange. The non-requesting party and Broker(s) shall be indemnified and held harmless from any

4. DISCLOSURES

4c.

4d.

4f.

4g.

160.161.

4h.

165.

disapproved within five (5) days after receipt of the Affidavit of Disclosure.

disposal of any hazardous waste or regulated substances at the Property except as otherwise disclosed.

or Federal building, zoning, fire, or health laws, codes, statutes, ordinances, regulations, or rules filed or issued regarding the

is not the subject of a bankruptcy, insolvency or probate proceeding.

that are associated with the Property.

of any known road maintenance agreement affecting the Property.

with the consultant who prepared such report or study specifically forbids the dissemination of the report to others.

the Buyer within five (5) days after Contract acceptance.Vacant Land/Lot Seller Property Disclosure Statement (“VLSPDS”): Seller shall deliver a completed AAR VLSPDS form to

Additional Seller Disclosures and Information: Seller shall provide to Buyer the following disclosures and informationpertinent to the Property within five (5) days after the Contract acceptance: (i) any information known to Seller that mayadversely affect the Buyer’s use of the Property, (ii) any known pending special assessments, association fees, claims, orlitigation, (iii) articles of incorporation; by-laws; other governing documents; and any other documents required by law, (iv)financial statements, current rent rolls, lists of current deposits, personal property lists, leases, rental agreements, servicecontracts, (v) soils, Phase I, or other environmental reports in Seller’s possession, (vi) the most recent survey, if available,and (vii) any and all other agreements, documents, studies, or reports relating to the Property in Seller’s possession or controlprovided, however, that Seller shall not be required to deliver any report or study if the written contract that Seller entered into

Road Maintenance Agreement: Seller shall provide to Buyer, within five (5) days after the Contract acceptance, a copy

Seller’s Obligations Regarding Wells: If a well is located on the Property, or if the Property is to be served by a sharedwell, the AAR Domestic Water Well Addendum is attached hereto and incorporated by reference. At COE, if applicable,Seller shall assign, transfer and convey to the Buyer all of the water rights, or claims to water rights, if any, held by Seller

No Seller or Tenant Bankruptcy, Probate or Insolvency Proceedings: Seller represents that Seller has no notice orknowledge that any tenant on the Property is the subject of a bankruptcy, probate or insolvency proceeding. Further, Seller

Seller’s Notice of Violations: Seller represents that Seller has no knowledge of any notice of violations of City, County, State,

Environmental Disclosure: Seller has not knowingly caused or permitted the generation, storage, treatment, release or

Affidavit of Disclosure: If the Property is located in an unincorporated area of the county, and five or fewer parcels of propertyother than subdivided land are being transferred, the Seller shall deliver a completed Affidavit of Disclosure in the form requiredby law to the Buyer within five (5) days after Contract Acceptance. Buyer shall provide notice of any Affidavit of Disclosure items

exemption applies.

Property.

166.167.

168.169.170.171.


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>>



<Initials Initials>



4i. 172.

198.199.

4j.

173.

174.175.176.177.

5a.

178.

179.

5b. 182.183.184.185.186.187.188.

6a.

189.190.191.192.

193.

194.

195.196.197.

6b.

200.201.202.203.204.205.206.207.

6c.

208.209.210.

5. WARRANTIES

180.181.

5c.

6. DUE DILIGENCE

211.

is is not located within a homeowners' association/H.O.A. / Condominium / Planned Community: The Propertycondominium/planned community. If yes, the HOA addendum is attached hereto and incorporated by reference.

Changes During Escrow: Seller shall immediately notify Buyer of any changes in the Property or disclosures made herein, in theSPDS, or otherwise. Such notice shall be considered an update of the SPDS. Unless Seller is already obligated by Section 5a, orotherwise by this Contract or any amendments hereto, to correct or repair the changed item disclosed, Buyer shall be allowed priorto the expiration of the Due Diligence Period or five (5) days after delivery of such notice, whichever is later, to provide notice of

Seller Warranties: Seller warrants and shall maintain and repair the Property so that at the earlier of possession or COE theProperty and any personal property included in the sale, will be in substantially the same condition as on the date of Contractacceptance; and all personal property not included in the sale and all debris will be removed from the Property.

Warranties that Survive Closing: Seller warrants that Seller has disclosed to Buyer and Broker(s) all material latent defects andany information concerning the Property known to Seller, excluding opinions of value, which materially and adversely affect theconsideration to be paid by Buyer. Prior to the COE, Seller warrants that payment in full will have been made for all labor,professional services, materials, machinery, fixtures, or tools furnished within the 150 days immediately preceding the COEin connection with the construction, alteration, or repair of any structure on or improvement to the Property. Seller warrantsthat the information regarding connection to a sewer system or on-site wastewater treatment facility (conventional septictank or alternative system) is correct to the best of Seller’s knowledge.

Buyer Warranties: Buyer warrants that Buyer has disclosed to Seller any information that may materially and adversely affectthe Buyer's ability to close escrow or complete the obligations of this Contract. At the earlier of possession of the Property orCOE, Buyer warrants to Seller that Buyer has conducted all desired independent inspections and investigations and acceptsthe Property. Buyer warrants that Buyer is not relying on any verbal representations concerning the Property

except disclosed as follows:

days after Contract acceptanceDue Diligence Period: Buyer’s due diligence and inspection period shall be thirty (30) days or

(“Due Diligence Period”). During Due Diligence Period Buyer shall perform all inspections and investigations to satisfy Buyer with respect

to the physical condition of the Property, financing, appraised value, the condition of title to the Property and as to the feasibility and

suitability of the Property for Buyer’s intended purpose. During the Due Diligence Period, Buyer, at Buyer’s expense, shall: (i) conduct all

desired physical, environmental, and other types of inspections and investigations to determine the value and condition of the Property;

(ii) make inquiries and consult government agencies, lenders, insurance agents, architects, and other appropriate persons and entities

concerning the feasibility and suitability of the Property and the surrounding area for the Buyer’s intended purpose; (iii) investigate

applicable building, zoning, fire, health, and safety codes including applicable swimming pool barrier regulations to determine any

potential hazards, violations or defects in the Property; and (iv) verify any material multiple listing service (“MLS”) information. If the

presence of sex offenders in the vicinity or the occurrence of a disease, natural death, suicide, homicide or other crime on or in the vicinity

is a material matter to the Buyer, it must be investigated by the Buyer during the Due Diligence Period. Buyer shall keep the Property free

and clear of liens, shall indemnify and hold Seller harmless from all liability, claims, demands, damages, and costs, and shall repair all

damages arising from the inspections. Buyer shall provide Seller and Broker(s) upon receipt, at no cost, copies of all inspection reports

concerning the Property obtained by Buyer. If Buyer cancels this Contract, Buyer shall return all documents provided by the Seller and

provide Seller with copies of all reports or studies generated by Buyer, provided, however, that Buyer shall not be required to deliver any

such report or study if the written contract that Buyer entered into with the consultant who prepared such report or study specifically

forbids the dissemination of the report or study to others. Buyer is advised to consult the Arizona Department of Real Estate Buyer

Square Footage/Acreage: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE/ACREAGE OF THEPROPERTY, BOTH THE REAL PROPERTY (LAND) AND IMPROVEMENTS THEREON IS APPROXIMATE. IF SQUAREFOOTAGE/ACREAGE IS A MATERIAL MATTER TO THE BUYER; IT MUST BE INVESTIGATED DURING THE DUEDILIGENCE PERIOD.

Flood Hazard: Flood hazard designations or the cost of flood hazard insurance shall be determined by Buyer during the DueDiligence Period. If the Property is situated in an area identified as having any special flood hazards by any governmental entity, thelender may require the purchase of flood hazard insurance. Special flood hazards may also affect the ability to encumber or improve

disapproval to Seller.

212. Advisory provided by AAR to assist in Buyer’s due diligence inspections and investigations.

213.214.215.216.

217.218.219.220. the Property.


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Vacant Land/Lot Purchase Contract • Updated: February 2016Copyright © 2016 Arizona Association of REALTORS®.

<Initials Initials>



6d.

244.

245.

6e.

221.222.223.

6f.

224.

225.

6g.

226.227.

228.229.

230.

231.232.233.234.

6h.

235.236.

237.238.239.240.241.

242.

243.

6i.

246.

247.

248.249.

250.251.252.253.

6k.

256.257.258.

Sewer or On-site Wastewater Treatment System: The Property does does not contain an on-site wastewatertreatment system. If the Property is served by a conventional septic tank or alternative system, the AAR On-site WastewaterTreatment Facility Addendum is incorporated herein by reference.

IF A SEWER CONNECTION, OR THE AVAILABILITY OF A SEWER CONNECTION, IS A MATERIAL MATTER TO THEBUYER, IT MUST BE INVESTIGATED DURING THE DUE DILIGENCE PERIOD.

(BUYER'S INITIALS REQUIRED)BUYER BUYER

Insurance: IF INSURANCE IS A MATERIAL MATTER TO THE BUYER, BUYER SHALL APPLY FOR AND OBTAINWRITTEN CONFIRMATION OF THE AVAILABILITY AND COST OF INSURANCE FOR THE PROPERTY FROM BUYER’SINSURANCE COMPANY DURING THE DUE DILIGENCE PERIOD. Buyer understands that any fire, casualty, or otherinsurance desired by Buyer or required by Lender should be in place at COE.

Site/Soil Evaluation For Installation of On-site Wastewater Treatment Facility: If the suitability of the Property forinstallation of an on-site wastewater treatment facility (conventional septic tank or alternative system) and associated costsare material to the Buyer, Buyer shall complete a site/soil evaluation and investigate all on-site wastewater treatment facilityinstallation costs within the Due Diligence Period. NOTE: Buyer is advised that the site/soil evaluation is not binding onthe State-delegated County agency in any future permitting decision as to the suitability of the design or type of

LAND DIVISIONS: LAND PROPOSED TO BE DIVIDED FOR PURPOSES OF SALE OR LEASE IS SUBJECT TOSTATE, COUNTY AND MUNICIPAL LAWS, ORDINANCES AND REGULATIONS. IF STATE, COUNTY AND MUNICIPALREQUIREMENTS RELATING TO THE DIVISION OR SPLITTING OF THE PROPERTY ARE A MATERIAL MATTER TOTHE BUYER, THEY MUST BE VERIFIED BY BUYER DURING THE DUE DILIGENCE PERIOD. BROKER(S) HAVE MADENO REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE ABILITY TO DIVIDE OR SPLIT THE PROPERTY.

ROADS: IF ROADWAYS, COST AND RESPONSIBILITY FOR ROAD MAINTENANCE, IMPROVEMENTS OR ACCESS IS A


MATERIAL MATTER TO BUYER, IT MUST BE INVESTIGATED BY BUYER DURING DUE DILIGENCE PERIOD.

6j.

6l.

254.255.

259.260.

Survey: A survey shall shall not be performed. If to be performed, the survey shall be performed by a licensed

surveyor within the Due Diligence Period or days after Contract acceptance.

.Cost of the survey shall be paid by Seller Buyer Other:

The survey shall be performed in accordance with the Arizona State Board of Technical Registration's "Arizona Land BoundarySurvey Minimum Standards".

Survey instructions are: A boundary survey and survey plat showing the corners either verifiedor monumentation.A survey certified by a licensed surveyor, acceptable to Buyer and the TitleCompany, in sufficient detail for an American Land Title Association ("ALTA")Owner's Policy of Title Insurance with boundary, encroachment or surveyexceptions and showing all improvements, utility lines and easements onthe Property or within five (5) feet thereof.Other survey terms:


WELL WATER/WATER RIGHTS: IF WELL WATER/WATER RIGHTS IS/ARE A MATERIAL MATTER TO THE BUYER, ITMUST BE VERIFIED BY BUYER DURING THE DUE DILIGENCE PERIOD.

BUYER ACKNOWLEDGMENT: BUYER RECOGNIZES, ACKNOWLEDGES AND AGREES THAT BROKER(S) ARENOT QUALIFIED, NOR LICENSED, TO CONDUCT DUE DILIGENCE WITH RESPECT TO THE PROPERTY OR THESURROUNDING AREA. BUYER IS INSTRUCTED TO CONSULT WITH QUALIFIED LICENSED PROFESSIONALS TOASSIST IN BUYER’S DUE DILIGENCE EFFORTS. BECAUSE CONDUCTING DUE DILIGENCE WITH RESPECT TO THEPROPERTY AND SURROUNDING AREA IS BEYOND THE SCOPE OF THE BROKERS EXPERTISE AND LICENSING,BUYER EXPRESSLY RELEASES AND HOLDS HARMLESS BROKER(S) FROM LIABILITY FOR ANY DEFECTS ORCONDITIONS THAT COULD HAVE BEEN DISCOVERED BY INSPECTION OR INVESTIGATION.


261.

facility for the Property.

262.263.

264.265.266.267.268.269.270.

271.


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Page 7 of 10Vacant Land/Lot Purchase Contract >>

>>Vacant Land/Lot Purchase Contract • Updated: February 2016


<Initials Initials>



6m.

294.

295.

6n.

272.273.

7a.

274.275.

6o.

276.277.278.279.280.281.282.283.284.

7b.

285.286.287.288.289.

290.291.

292.293.

7c.

296.297.298.

299.300.301.302.

303.

7d.

304.305.306.

Buyer Disapproval: If Buyer, in Buyer’s sole discretion, disapproves of any aspect of the Property, financing, title, or othermatter, Buyer shall deliver to Seller notice of the items disapproved and state in the notice that Buyer elects to either:

(1) immediately cancel this Contract and all Earnest Money shall be released to Buyer, or(2) provide the Seller an opportunity to correct the items disapproved, in which case:

(a) Seller shall respond in writing within five (5) days or days after delivery to Seller of Buyer's notice ofitems disapproved. Seller's failure to respond to Buyer in writing within the specified time period shallconclusively be deemed Seller's refusal to correct any of the items disapproved.

(b) If Seller agrees in writing to correct item(s) disapproved, Seller shall correct the items, complete anyrepairs in a workmanlike manner and deliver any paid receipts evidencing the corrections and repairsto Buyer three (3) days or days prior to COE Date.

Due Diligence Period Notice: Prior to expiration of the Due Diligence Period, Buyer shall deliver to Seller a signed notice ofany items disapproved. AAR’s Vacant Land/Lot Buyer’s Due Diligence Notice and Seller’s Response form is available for thispurpose. Buyer shall conduct all desired inspections and investigations prior to delivering such notice to Seller and all DueDiligence Period items disapproved shall be provided in a single notice.

7. REMEDIES

307.308.309.310.

311.312.313.314.

If Seller is unwilling or unable to correct any of the items disapproved, Buyer may cancel this Contract within five(5) days after delivery of Seller’s response or after expiration of the time for Seller’s response, whichever occurs first,and all Earnest Money shall be released to Buyer. If Buyer does not cancel this Contract within the five (5) days asprovided, Buyer shall close escrow without correction of those items that Seller has not agreed in writing to correct.

VERBAL DISCUSSIONS WILL NOT EXTEND THESE TIME PERIODS. Only a written agreement signed by both parties willextend response times or cancellation rights.

BUYER’S FAILURE TO GIVE NOTICE OF DISAPPROVAL OF ITEMS OR CANCELLATION OF THIS CONTRACT WITHINTHE SPECIFIED TIME PERIOD SHALL CONCLUSIVELY BE DEEMED BUYER’S ELECTION TO PROCEED WITH THETRANSACTION WITHOUT CORRECTION OF ANY DISAPPROVED ITEMS.

Inspection(s): Seller grants Buyer and Buyer’s inspector(s) reasonable access to conduct inspection(s) of the Property forthe purpose of satisfying Buyer that any corrections agreed to by the Seller have been completed and that the Property is insubstantially the same condition as on the date of Contract acceptance. If Buyer does not conduct such inspection(s), Buyerreleases Seller and Broker(s) from liability for any defects that could have been discovered.

Cure Period: A party shall have an opportunity to cure a potential breach of this Contract. If a party fails to comply with anyprovision of this Contract, the other party shall deliver a notice to the non-complying party specifying the non-compliance. Ifthe non-compliance is not cured within three (3) days after delivery of such notice (“Cure Period”), the failure to comply shallbecome a breach of Contract.

Breach: In the event of a breach of Contract, the non-breaching party may cancel this Contract and/or proceed against thebreaching party in any claim or remedy that the non-breaching party may have in law or equity, subject to the Alternative

Alternative Dispute Resolution (“ADR”): Buyer and Seller agree to mediate any dispute or claim arising out of or relatingto this Contract in accordance with the REALTORS® Dispute Resolution System, or as otherwise agreed. All mediation costsshall be paid equally by the parties. In the event that mediation does not resolve all disputes or claims, the unresolved disputesor claims shall be submitted for binding arbitration. In such event, the parties shall agree upon an arbitrator and cooperate inthe scheduling of an arbitration hearing. If the parties are unable to agree on an arbitrator, the dispute shall be submitted tothe American Arbitration Association (“AAA”) in accordance with the AAA Arbitration Rules for the Real Estate Industry. Thedecision of the arbitrator shall be final and nonappealable. Judgment on the award rendered by the arbitrator may be entered inany court of competent jurisdiction. Notwithstanding the foregoing, either party may opt out of binding arbitration within thirty (30)days after the conclusion of the mediation conference by notice to the other and in such event either party shall have the right to

Dispute Resolution obligations set forth herein. In the case of the Seller, because it would be difficult to fix actual damagesin the event of Buyer’s breach, the Earnest Money may be deemed a reasonable estimate of damages and Seller may, atSeller’s option, accept the Earnest Money as Seller’s sole right to damages. An unfulfilled contingency is not a breach ofContract. The parties expressly agree that the failure of any party to comply with the terms and conditions of Section 1f toallow COE to occur on the COE Date, if not cured after a cure notice is delivered pursuant to Section 7a, will constitute amaterial breach of this Contract, rendering the Contract subject to cancellation.

Exclusions from ADR: The following matters are excluded from the requirement for ADR hereunder: (i) any action brought in theSmall Claims Division of an Arizona Justice Court (up to $3,500) so long as the matter is not thereafter transferred or removed fromthe small claims division; (ii) judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, oragreement for sale; (iii) an unlawful entry or detainer action; (iv) the filing or enforcement of a mechanic’s lien; or (v) any matter thatis within the jurisdiction of a probate court. Further, the filing of a judicial action to enable the recording of a notice of pending action

(c)

315.316.317.318.319.320.

321.322.323.324.325.

resort to court action.


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Page 8 of 10


>>



<Initials Initials>



7e.

345.

346.

8a.

326.

8c.

327.

328.329.330.

331.

332.

333.

334.

335.

8d.

336.

337.

338.

339.

340.

341.

342.

343.

344.

8b.

347.

348.

349.

350.

351.

352.

353.

354.

8e.

355.

356.

357.

8. ADDITIONAL TERMS AND CONDITIONS

("lis pendens") or order of attachment, receivership, injunction, or other provisional remedies shall not constitute a waiver of theobligation to submit the claim to ADR, nor shall such action constitute a breach of the duty to mediate or arbitrate.

Attorneys Fees and Costs: The prevailing party in any dispute or claim between Buyer and Seller arising out of or relating tothis Contract shall be awarded their reasonable attorney fees and costs. Costs shall include, without limitation, attorney fees,expert witness fees, fees paid to investigators, and arbitration costs.

Risk of Loss: If there is any loss or damage to the Property between the date of Contract acceptance and COE orpossession, whichever is earlier, by reason of fire, vandalism, flood, earthquake, or act of God, the risk of loss shall be on theSeller, provided, however, that if the cost of repairing such loss or damage would exceed ten percent (10%) of the purchaseprice, either Seller or Buyer may elect to cancel the Contract.

Permission: Buyer and Seller grant Broker(s) permission to advise the public of this Contract.

Arizona Law: This Contract shall be governed by Arizona law and jurisdiction is exclusively conferred on the State of Arizona.

Time is of the Essence: The parties acknowledge that time is of the essence in the performance of the obligationsdescribed herein.

358.

359.

360.

361.362.363.364.

365.

366.

367.368.


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Page 9 of 10


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8f. Compensation: Seller and Buyer acknowledge that Broker(s) shall be compensated for services rendered as previously agreedby separate written agreement(s), which shall be delivered by Broker(s) to Escrow Company for payment at COE, if not previouslypaid. If Seller is obligated to pay Broker(s), this Contract shall constitute an irrevocable assignment of Seller’s proceeds at COE.If Buyer is obligated to pay Broker(s), payment shall be collected from Buyer as a condition of COE. COMMISSIONS PAYABLEFOR THE SALE, LEASING, OR MANAGEMENT OF PROPERTY ARE NOT SET BY ANY BOARD OR ASSOCIATION OFREALTORS®, OR MULTIPLE LISTING SERVICE, OR IN ANY MANNER OTHER THAN BETWEEN THE BROKER AND CLIENT.

8g. Copies and Counterparts: A fully executed facsimile or electronic copy of the Contract shall be treated as an originalContract. This Contract and any other documents required by this Contract may be executed by facsimile or otherelectronic means and in any number of counterparts, which shall become effective upon delivery as provided for herein.All counterparts shall be deemed to constitute one instrument, and each counterpart shall be deemed an original.

8h. Days: All references to days in this Contract shall be construed as calendar days and a day shall begin at 12:00 a.m. and

369.

end at 11:59 p.m.

8i.

370.

Calculating Time Periods: In computing any time period prescribed or allowed by this Contract, the day of the act or event

371.

from which the time period begins to run is not included and the last day of the time period is included. Contract acceptance

372.

occurs on the date that the signed Contract (and any incorporated counter offer) is delivered to and received by the

373.

appropriate Broker. Acts that must be performed three days prior to the COE Date must be performed three full days prior (i.e.,

374.

if COE Date is Friday the act must be performed by 11:59 p.m. on Monday).

8j.

375.

Entire Agreement: This Contract, and any addenda and attachments, shall constitute the entire agreement between Seller

376.

and Buyer, shall supersede any other written or oral agreements between Seller and Buyer and can be modified only by a

377.

writing signed by Seller and Buyer. The failure to initial any page of this Contract shall not affect the validity or terms of this

8k.

378.

Subsequent Offers: Buyer acknowledges that Seller has the right to accept subsequent offers until COE. Seller understands

379.

that any subsequent offer accepted by the Seller must be a backup offer contingent on the cancellation of this Contract.

8l.

380.

Cancellation: A party who wishes to exercise the right of cancellation as allowed herein may cancel this Contract by

381.

delivering notice stating the reason for cancellation to the other party or to the Escrow Company. Cancellation shall become

382.

effective immediately upon delivery of the cancellation notice.

8m.

383.

Notice: Unless otherwise provided, delivery of all notices and documentation required or permitted hereunder shall be in

384.

writing and deemed delivered and received when: (i) hand-delivered; (ii) sent via facsimile transmission; (iii) sent via electronic

385.

mail, if email addresses are provided herein; or (iv) sent by recognized overnight courier service, and addressed to Buyer as

386.

indicated in Section 8q, to Seller as indicated in Section 9a and to the Escrow Company indicated in Section 3a.

8n.

387.

Earnest Money: Earnest Money is in the form of: Personal Check Other

388.

If applicable, Earnest Money has been received by Broker named in Section 8q and upon acceptance of this offer will be

389.

deposited with: Escrow Company Broker’s Trust Account. Buyer acknowledges that failure to pay the required

8o.

392.

RELEASE OF BROKER(S): SELLER AND BUYER HEREBY EXPRESSLY RELEASE, HOLD HARMLESS AND INDEMNIFY

393.

BROKER(S) IN THIS TRANSACTION FROM ANY AND ALL LIABILITY AND RESPONSIBILITY REGARDING FINANCING, THE

394.

CONDITION, SQUARE FOOTAGE/ACREAGE, LOT LINES, BOUNDARIES, VALUE, RENT ROLLS, ENVIRONMENTAL

395.

PROBLEMS, SANITATION SYSTEMS, ABILITY TO DIVIDE OR SPLIT THE PROPERTY, BUILDING CODES, GOVERNMENTAL

396.

REGULATIONS, INSURANCE, PRICE AND TERMS OF SALE, RETURN ON INVESTMENT, OR ANY OTHER MATTER

398.

(BUYER'S AND SELLER'S INITIALS REQUIRED)SELLER SELLER

8p.

399.

Terms of Acceptance: This offer will become a binding Contract when acceptance is signed by Seller and

400.

a signed copy delivered in person, by mail, facsimile or electronically, and received by Broker named in Section 8q

401.

by , at a.m. / p.m., Mountain Standard Time. Buyer

402.

may withdraw this offer at any time prior to receipt of Seller’s signed acceptance. If no signed acceptance is received by this

403.

date and time, this offer shall be deemed withdrawn and the Buyer’s Earnest Money shall be returned.

404.

THIS CONTRACT CONTAINS TEN PAGES EXCLUSIVE OF ANY ADDENDA AND ATTACHMENTS. ENSURE THAT YOU HAVE

405.

RECEIVED AND READ ALL TEN PAGES OF THIS OFFER AS WELL AS ANY ADDENDA AND ATTACHMENTS.

390.391.

397.

closing funds by the scheduled Close of Escrow, if not cured after a cure notice is delivered pursuant to Section 7a, shall beconstrued as a material breach of this contract and all earnest money shall be subject to forfeiture.

RELATING TO THE VALUE OR CONDITION OF THE PROPERTY.

BUYER BUYER

Contract.

406.407.408.409.

410.

411.412.

413.414.415.

416.417.

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Page 10 of 10




Page 10 of 10


8q. 418. Broker on behalf of Buyer:

419.PRINT SALESPERSON'S NAME AGENT MLS CODE


421.FIRM ADDRESS STATE ZIP CODE

422.PREFERRED TELEPHONE FAX EMAIL

8r.

423. Agency Confirmation: The Broker named in Section 8q above is the agent of (check one):

424. the Buyer; the Seller; or both the Buyer and Seller8s.

425. The undersigned agree to purchase the Premises on the terms and conditions herein stated and acknowledge receipt

426. of a copy hereof including the Buyer Attachment.

427.^ BUYER'S SIGNATURE MO/DA/YR ^ BUYER'S SIGNATURE MO/DA/YR

428.ADDRESS ADDRESS

429.CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE

9. SELLER ACCEPTANCE

9a. 430. Broker on behalf of Seller:

431.

434.PREFERRED TELEPHONE FAX EMAIL

9b. 435. Agency Confirmation: The Broker named in Section 9a above is the agent of (check one):

436. the Seller; or both the Buyer and Seller

9c. 437. The undersigned agree to sell the Premises on the terms and conditions herein stated, acknowledge receipt of a

438. copy hereof and grant permission to Broker named in Section 9a to deliver a copy to Buyer.

439. Counter Offer is attached, and is incorporated herein by reference. Seller should sign both this offer and the Counter Offer.

440. If there is a conflict between this offer and the Counter Offer, the provisions of the Counter Offer shall be controlling.

441.^ SELLER'S SIGNATURE MO/DA/YR ^ SELLER'S SIGNATURE MO/DA/YR

442.SELLER'S NAME PRINTED SELLER'S NAME PRINTED

443.ADDRESS ADDRESS

444.CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE

OFFER REJECTED BY SELLER: ,MONTH DAY YEAR (SELLER'S INITIALS)



AGENT STATE LICENSE NO.

420.

FIRM STATE LICENSE NO.


PRINT FIRM NAME FIRM MLS CODE432.

433.FIRM ADDRESS STATE ZIP CODE FIRM STATE LICENSE NO.


Untitled

Sold/Change Form

COMPLETE THIS SECTION FOR ALL CHANGES

R Listing Number: R Listing Agent ID: R Listing Office Code:

House/Street Number: Compass Pt: Street Name:

Building Number: Unit Number:

Have the changes on this form been entered into the MLS system? By Whom: Date:

COMPLETE THIS SECTION TO REPORT STATUS, EXPIRATION & PRICE CHANGES(See Page 2 for entry of Pending, Sold and Leased information)

Back On The Market Date: Temporarily-Off-Market Date:

Cancellation (Off-Market Date): Extend Expiration Date (New Expiration Date):

Reduce List Price (Enter Whole Dollars): Raise List Price (Enter Whole Dollars):

THIS DOCUMENT, WHEN SIGNED, BECOMES AN EXTENSION OF, OR ADDITION TO, THE ORIGINAL LISTING

AGREEMENT BETWEEN OWNER AND LISTING BROKER.

Owner's Signature Date

(Broker's Signature Required on Bottom of This Page)

COMPLETE THIS SECTION TO CHANGE FEATURE INFORMATION

Under Feature Name, enter the Field Name, from the profile sheet, for each field that needs to be changed. Under New Information, enter the complete correctedinformation. For example, assume that taxes and fireplace information is incorrect for residential (Class 1) listing. To correct the taxes to $1,500.00 enter Taxes asthe Feature Name and enter 1500 as the New Information. If the correct fireplace information should be one fireplace in the living room, then enter Fireplace as theFeature Name and Fireplace Living Rm as the New Information.

Feature Name New Information

:

COMPLETE THIS SECTION TO CHANGE DIRECTIONS

Directions:

Broker's Signature: Date

Cross Street (Starting Point for Directions - Max 50 characters):

(Max 200 characters)

R R R

St Suffix:R

R R

R R

R R

:

:

:

:

:

R

Phone: Fax:

Revision Date: 02/11/13


COMPLETE THIS SECTION TO MAKE CHANGES TO REMARKS LINES

COMPLETE THIS SECTION TO CHANGE THE STATUS OF THE LISTING TO

SALE PENDING OR UNDER CONTRACT-BACKUPS OR SOLD

Status:

COMPLETE THIS SECTION TO CHANGE THE STATUS OF THE LISTING TO LEASED

Revision Date: 02/11/13

Public Remarks:(Max 800 characters)

Semi-Private Remarks:(Max 400 characters)

Private Remarks (DND2):(Max 400 characters)

R Selling Agent ID:R Contract Date:R

Close of Escrow Date:R Sales Price (Whole Dollars):R Loan Type:R

Loan Years:R Payment Type:R Closing Cost Split:R

Buyer Concess to Seller:R %/$R

Seller Concess to Buyer: %/$R R

Leasing Agent ID:R Lease Sign Date:R Lease Start Date:R

Lease Price (Whole Dollars)R


AGREEMENT NOTICEDocument updated:

February 2012


1. Contract dated: ,MONTH DAY YEAR

PURSUANT TO THE SHORT SALE ADDENDUMTO THE RESIDENTIAL RESALE REAL ESTATE PURCHASE CONTRACT

2. Seller:

3. Buyer:


5.

6.

Seller hereby delivers this Agreement Notice to Buyer pursuant to lines 22-23 of the Short Sale

Addendum to the Contract. Seller and Seller's creditor(s) have entered into a short saleagreement pursuant to which creditor(s) have authorized Seller to sell the Premises to theBuyer for less than the loan amount(s) secured by the Premises (''Short Sale Approval'').

7.

8.

OR9.

10. Seller and Seller's creditor(s) have entered into a short sale agreement pursuant to which

11. creditor(s) have authorized Seller to sell the Premises to the Buyer for less than the loan

12. amount(s) provided that certain Contract terms are modified (''Short Sale Approval'').

13. Therefore, this Agreement Notice to Buyer pursuant to lines 22-23 of the Short Sale

14. Addendum to the Contract shall be effective only when the attached AAR Addendum setting

15. forth the modified Contract terms is signed by Buyer and a signed copy delivered pursuant to

16. section 8m of the Contract and received by Broker named in Contract section 9a.

17. By signing below, Seller acknowledges having reviewed and approved the Short Sale Approval. Seller

18. further acknowledges having had the opportunity to retain independent third party professionals to

19. advise Seller as to the legal, credit and tax consequences, if any, associated with the terms and

20. conditions of the Short Sale Approval. Seller recognizes, acknowledges, and agrees that Brokers are

21. not qualified, nor licensed, to counsel Seller as to the legal, credit and tax consequences, if any,

22. associated with the terms and conditions of creditor's Short Sale Approval.


23.

Agreement Notice • February 2012


Phone: Fax:


The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS® (AAR).






Untitled

CRITICAL DATE LIST Updated: February 2016

SELLER

PREMISES ADDRESS

ESCROW OFFICER

ESCROW COMPANY

ESCROW OFFICER EMAIL

LISTING AGENT NAME

LISTING AGENT COMPANY

SELLING AGENT NAME

SELLING AGENT COMPANY

LOAN OFFICER

LENDER COMPANY NAME

CITY, AZ ZIP CODE

ESCROW NUMBER

ESCROW OFFICER PHONE

ESCROW OFFICER FAX

LISTING AGENT PHONE

LISTING AGENT EMAIL

SELLING AGENT PHONE

SELLING AGENT EMAIL

LOAN OFFICER PHONE

BUYER

LOAN OFFICER EMAIL

This is a Critical Date List for the transaction listed above as of this date:

ACTIONS: DUE DATE: COMPLETED:

DATE

Mutual Acceptance of Purchase Contract: 1.

Upon Acceptance2. Buyer to deposit Earnest Money with Escrow Company:

3. Buyer to provide lender with Loan Application (within 3 days after Contract acceptance):

4. Buyer to grant lender permission to access Credit Report (within 3 days after Contract acceptance):

5. Seller to deliver SPDS (within 5 days after Contract acceptance):

6. Seller to deliver Insurance Claims History (within 5 days after Contract acceptance):

7. Buyer to receive Loan Estimate (LE):

8. Seller to notify HOA of pending sale if over 50 units (5 days after Contract acceptance):

9. Buyer to receive required HOA disclosures(10 days after Contract acceptance if less than 50 units)(10 days after HOA's receipt of notice if 50 or more units):

10. Buyer to supply LSU (within 10 days after Contract acceptance):

11. Buyer to provide notice of any items disapproved within the SPDS(5 days after receipt/Inspection Period):

12. Buyer to provide notice of any items disapproved within the Insurance Claims History(5 day after receipt/Inspection Period):

13. Buyer to apply for Homeowners Insurance (Inspection Period):

14. Buyer to order Termite or Insect Inspection (Inspection Period):

Critical Date List • Updated: February 2016 • Page 1 of 3

Phone: Fax:


CURE NOTICE

Mountain Lake Realty, 1600 Outer Loop Rd Chino Valley, Arizona 86323 (928)533-6593 (928)533-6593 UntitledThomas Mastromatto

Premises Address:

ACTIONS: DUE DATE: COMPLETED:

DATE

Buyer to deliver Inspection Notice (Inspection Period):15.

16. Seller to deliver response to Buyer's Inspection Notice (5 days after receipt):

17. Buyer to deliver reply to Seller's Inspection Notice response (5 days after receipt):

18. Buyer to provide lender with Notice of Intent to Proceed with loan (within 10 days of receipt of LE):

19. Buyer to provide lender all requested signed disclosures and documentation listed in LSU

20.

at lines 32-35 (within 10 days of receipt of LE):

21. Buyer's disapproval of HOA documents (5 days after receipt):

22. Buyer may cancel in the event of low appraisal (5 days after notice):

23. Buyer's Homeowners Insurance in place (COE):

24. Buyer to perform Walkthrough(s):

25. Buyer to receive Closing Disclosure (CD) (no later than 3 business days prior to signing):

26a. Buyer to sign Loan Documents (no later than 3 days prior to COE):-OR-

27. Buyer to have funds in Escrow to allow COE on COE Date:

28. Seller to complete repairs (if any) / receipts to Buyer (3 days prior to COE):


CURE NOTICE

Buyer's disapproval of Title Commitment/Sch. B, etc. (5 days after receipt):

26b. Buyer to deliver Notice of Loan Approval without PTD conditions AND date(s) of CDreceipt from lender (no later than 3 days prior to COE):

26c. Buyer to deliver Notice of Inability to Obtain Loan Approval without PTD conditions(no later than 3 days prior to COE):

29. Recordation of Documents (COE):

30. Seller to deliver possession, existing keys, security system/alarms, mailbox, etc. (COE):

-OR-

DATE

SPECIFIC TO TRANSACTION: DUE DATE: COMPLETED:

31. Seller to deliver AAR DWWA SPDS (5 days after Contract acceptance):

32. Buyer to provide notice of any items disapproved within the DWWA SPDS (5 days after receipt):

33. Seller to deliver ADWR Registration of Existing Well (5 days after Contract acceptance):

34. Buyer to respond to ADWR Registration of Existing Well (5 days after receipt):

35. Seller to have On-Site Wastewater Treatment Facility inspected (3 days prior to COE):

36. Seller to deliver completed On-Site Wastewater report of inspection (upon receipt):

37. Buyer to deliver On-Site Wastewater Treatment Facility Ownership Transfer Doc (prior to COE):

38. Seller to deliver Lead Based Paint Information (5 days after Contract acceptance):

39. Buyer to respond to Lead Based Paint Disclosure (5 days after receipt):

40. Seller to deliver Affidavit of Disclosure (5 days after Contract acceptance):

OTHER ACTIONS REQUIRED

41. Buyer to provide notice of any Affidavit of Disclosure items disapproved (5 days after receipt):

42. Buyer to receive Flood Status Report:

43. Buyer

44. Other:


Seller to order Home Warranty Plan:

Untitled

CURE NOTICE ACTIVATED

Date:


CURE NOTICE


Reason:

Cure Deadline: Date Cured: or Date Cancelled:

Date:

Reason:


Date:

Reason:


Untitled

As of October 3, 2015, the Purchase Contract for New Home (With Lot) has

been removed from the Arizona Association of REALTORS® library of forms.

This Contract was last updated in April 2005 and is not compliant with the

TILA-RESPA Integrated Disclosure rules, effective October 3 , 2015. If you

would like to see this form updated and returned to AAR's library of forms,

please contact Jan Steward at (602) 248-7787 or [email protected].

Thank you.

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Az real estate cd (1)