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JEFFERSON-LEWIS BOARD OF REALTORS@, INC, PLAIN LANGUAGE CONTRACT TO PURCHASE IITAiICI?'THIsIsAcoNIRACTToRTFEPURcHAsf,ANDsALf,oFRTALf,STATE.tFNOTFULLYUNDf,RSTOOD,SEIKTHEADVICEOIANATTORNtrY. ^4. EI :3;li: 3. OTHER TTEMS The following iems, now in or on the prcpeny and in their present condition are included in this Purchase and Sale: TNCLUDED lN CROSS OFF THOSD THAT DO NOT APPLY: ;;;;---^1;. All pemment hsling, plumbing, lighting fixtur€s, flowas, shrubs, tr.ees. window shades ard blinds, curtains, rods, storm windows, rLr^LI:hrE; stom doors, mreens, eminss, tv antennar sunrD DumDs, fenes. wsll-to-wll csrtetinq. exhaust fans. hoods. mrbase disoosl. eletric garage opener,.builtlin cabinets. buih-in'mirrois.ra.nge, oveirs, refrigeratrir, Nzer, dishwsher. washing michin6, dryi:r. snelung, arr condruonlng (except w,ndow unrls), and wood stove(s). Other ii-ems to be includia: ctrl detstor to bc ir worHns order .a th€ tlm of ilorhc. Eotire oroDcrty wlll bc dellvscd h briim chrtr mdltbf, wltl rll tnrh rad debrlc remved, Brulcn $d Broken |amt3 will mt be beldlirble fof rnl dcbrls left bebhd. l OFFER TO I (we) offer lo purchase the following PURCHASEI Knom rs Tax Parcel # desdbed propcrty situated in the of County of State ofNew York. Tax Parcel # 4, 2. PROPERTY DESCRIPTION: PUN,CHASE PRICE: SELLERS CONCf,SSTON: DEPIOSIT: CASH BALANCEI NEW MORTGAGE: ASSUMPTION OF SELLER'S MORTGAGE: MORTGAGE WITH SELLf,R: Address (including zip code): Approximrte l,ot Siz€: MLS # Dccription of lmproverent to Real Property (Buildings): I agree to pay the sum of$ to be paid m follows: Sella agrees to pay up to but nol to exceed S__of Buyers points, F€-paids, closing msts and s deposited in the form of__wit the scrow agsnl to be held in escrow at until the sale is complete4 at which time it shall bcome part of the purchase price or retmed ifnot acc€pted or ifacEpled and the owner frils to cary out his/her part ofthe conditions ofthis ofier $ in cash or chcck upon scceptane of this offer by seller, as a deposit on accout. The balmce of the purchase price will be paid at closing in CASH or CERTIFIED CHECK subj€ct to fi€ following if applicable. This ofrer is subject to my obtaining a mrt8sge loan in the amount o{ Dollas- I will apply for this loan by mortgage comitmnt. 20_, and shall havc until _, 20_ to obtain a written By my assuming md agreeing to p8y ac@rding to its term the principal balance of fte Selld's mortgage in the appmximte amount of _ Dollars held by __, provided the mortgag€ is asswble without the holder's apprewl or if approval is rcquired, that I obtain such apprcval by __---, 20 _. t. 9. By delivering to Seller at clcsing purchase money mortgag€, in the amount of Dollm. for a tem of __ ymm, with intergst at the mie of _ percenl p€r yar, md monthly insallments of -_ including principol and interest. Documents to be drawn in a form acceptable to respective attomeys. Dollus, 10, CONTINGENCY: A.) This offer is subject to the sale and conveyance of the Buyen ptoperty comrnonly known as by (date) ,20-. Seller shall have the right to mntinue to offer tte herein propsty for sale, md to accept offen subject to the rights ofthe Buyer. Should Seller receive such an offer, the Buyer shall be given written notice of such offer and in the evcnt Buyer will not waive the within condition in writing within _ calendar days ofreceipt ofzuch notice, then this agreerrent shall be t€rminar€d ild all deposirs rctumed to the Buyer. It is funher understood and agreed thst ifBuyer removes the above contingency clause, Buyer agrees to provide proof satisfactory to Seller of fimncial ability to close the tonssction. B.) This offer is funher contingmt upon II. ADDENDUM: THE FOLLOWING ADDENDA ARE INTENDf,D TO Btr ANNEXED HERETO AND TORM A PART OF THIS CONTRACT: ! Disclosure Regarding Real Estate Agency Relationships; O Seller's Disclosure ofProperty Condition; E Contract Addendum; D Lead Based Paint Addendum; O Mold Disclosure; DAgricultural Disclosure; EI Required FHA/VA Addenda; O Electrical/Utility; EOther 12. SURVEY: An existing suwey, if my will be provided by the Sella. An up,todat€ survey, if required will be provided and paid for by Seller _ Buyer_ Shared__ . TITLE The Sells shall deliver to the Buyer, at least ten (10) dsys before the olosing, a 40-year abstracl oftitl€ nade from the r€cords in the DOCUMENTS! County Cleil's Olfice, a lGyeax tax s€arch, and eurrent propsty tax receipts, showing the prcperty free md clear of all liens md srcumbmes Seller wil! alm delivq to the &ryer m Buyer's attomey, at lest ta (10) days before closing my existing srruey. D[ED: On elosiag, Seller will convey to Buyer by Waranty M with Lien Covenant, or Representative's Deed, ifappropriate, with revenue staflps atta€hed. ZONINGT The premices ffi to be conveyed subject to all zoning ordinances md rcgulations affecting it ifany. 14. 15. t6. 17. lE. POSSES$ION: Possession ofpremises shall be delivered on AD.TUSTMENTS: lnt€rest, rents, water charges, ftel, and taxes will be pro-rated and djusted as of the date ol MORTGAGE Upon any mrtgage given, Buyer shall pay the mrtgage lax md recording fe. Sella shall pay mortgagee's tax if required TAX: f 9. RISK OF LOSSI The risk of loss or damage lo the property, by fire or other anrs, until closing remins with the Seller. Initial Here: Buyer(s)-_Seller(s)_,_ Page I of3 S A M P L E

S A M P L E - McKissock Learningcontingency shall be deemed waived by PURCHASER and the contract shall renain binding F.) PEST INSPf,CTION: The obligations ofPURCHASER hereunder are

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  • JEFFERSON-LEWIS BOARD OF REALTORS@, INC,PLAIN LANGUAGE CONTRACT TO PURCHASE

    IITAiICI?'THIsIsAcoNIRACTToRTFEPURcHAsf,ANDsALf,oFRTALf,STATE.tFNOTFULLYUNDf,RSTOOD,SEIKTHEADVICEOIANATTORNtrY.

    ^4.EI:3;li:

    3. OTHER TTEMS The following iems, now in or on the prcpeny and in their present condition are included in this Purchase and Sale:TNCLUDED lN CROSS OFF THOSD THAT DO NOT APPLY:;;;;---^1;. All pemment hsling, plumbing, lighting fixtur€s, flowas, shrubs, tr.ees. window shades ard blinds, curtains, rods, storm windows,rLr^LI:hrE; stom doors, mreens, eminss, tv antennar sunrD DumDs, fenes. wsll-to-wll csrtetinq. exhaust fans. hoods. mrbase disoosl.

    eletric garage opener,.builtlin cabinets. buih-in'mirrois.ra.nge, oveirs, refrigeratrir, Nzer, dishwsher. washing michin6, dryi:r.snelung, arr condruonlng (except w,ndow unrls), and wood stove(s).Other ii-ems to be includia:

    ctrl detstor to bc irworHns order .a th€ tlm of ilorhc. Eotire oroDcrty wlll bc dellvscd h briim chrtr mdltbf, wltl rll tnrh rad debrlc remved, Brulcn$d Broken |amt3 will mt be beldlirble fof rnl dcbrls left bebhd.

    l OFFER TO I (we) offer lo purchase the followingPURCHASEI

    Knom rs Tax Parcel #

    desdbed propcrty situated in the ofCounty of State ofNew York.

    Tax Parcel #

    4,

    2. PROPERTYDESCRIPTION:

    PUN,CHASEPRICE:SELLERSCONCf,SSTON:

    DEPIOSIT:

    CASHBALANCEI

    NEWMORTGAGE:

    ASSUMPTIONOF SELLER'SMORTGAGE:

    MORTGAGEWITH SELLf,R:

    Address (including zip code):Approximrte l,ot Siz€: MLS #Dccription of lmproverent to Real Property (Buildings):

    I agree to pay the sum of$ to be paid m follows:

    Sella agrees to pay up to but nol to exceed S__of Buyers points, F€-paids, closing msts and

    s deposited in the form of__wit the scrow agsnl to be held in escrow atuntil the sale is complete4 at which time it shall bcome part of the purchase price or retmed

    ifnot acc€pted or ifacEpled and the owner frils to cary out his/her part ofthe conditions ofthis ofier$ in cash or chcck upon scceptane of this offer by seller, as a deposit on accout.

    The balmce of the purchase price will be paid at closing in CASH or CERTIFIED CHECK subj€ct to fi€ following if applicable.

    This ofrer is subject to my obtaining a mrt8sge loan in the amount o{ Dollas-I will apply for this loan bymortgage comitmnt.

    20_, and shall havc until _, 20_ to obtain a written

    By my assuming md agreeing to p8y ac@rding to its term the principal balance of fte Selld's mortgage in the appmximte amount of_ Dollars held by __, provided the mortgag€ is asswble without theholder's apprewl or if approval is rcquired, that I obtain such apprcval by __---, 20 _.

    t.

    9. By delivering to Seller at clcsing purchase money mortgag€, in the amount of Dollm. for a tem of__ ymm, with intergst at the mie of _ percenl p€r yar, md monthly insallments of -_including principol and interest. Documents to be drawn in a form acceptable to respective attomeys.

    Dollus,

    10, CONTINGENCY: A.) This offer is subject to the sale and conveyance of the Buyen ptoperty comrnonly known asby (date)

    ,20-. Seller shall have the right to mntinue to offer tte herein propsty for sale, md to accept offensubject to the rights ofthe Buyer. Should Seller receive such an offer, the Buyer shall be given written notice of such offer and in theevcnt Buyer will not waive the within condition in writing within _ calendar days ofreceipt ofzuch notice, then thisagreerrent shall be t€rminar€d ild all deposirs rctumed to the Buyer. It is funher understood and agreed thst ifBuyer removes theabove contingency clause, Buyer agrees to provide proof satisfactory to Seller of fimncial ability to close the tonssction.B.) This offer is funher contingmt upon

    II. ADDENDUM: THE FOLLOWING ADDENDA ARE INTENDf,D TO Btr ANNEXED HERETO AND TORM A PART OFTHIS CONTRACT:

    ! Disclosure Regarding Real Estate Agency Relationships; O Seller's Disclosure ofProperty Condition;E Contract Addendum; D Lead Based Paint Addendum; O Mold Disclosure; DAgricultural Disclosure;

    EI Required FHA/VA Addenda; O Electrical/Utility;EOther

    12. SURVEY: An existing suwey, if my will be provided by the Sella.An up,todat€ survey, if required will be provided and paid for by Seller _ Buyer_ Shared__ .

    TITLE The Sells shall deliver to the Buyer, at least ten (10) dsys before the olosing, a 40-year abstracl oftitl€ nade from the r€cords in theDOCUMENTS! County Cleil's Olfice, a lGyeax tax s€arch, and eurrent propsty tax receipts, showing the prcperty free md clear of all liens md

    srcumbmes Seller wil! alm delivq to the &ryer m Buyer's attomey, at lest ta (10) days before closing my existing srruey.

    D[ED: On elosiag, Seller will convey to Buyer by Waranty M with Lien Covenant, or Representative's Deed, ifappropriate, with revenuestaflps atta€hed.

    ZONINGT The premices ffi to be conveyed subject to all zoning ordinances md rcgulations affecting it ifany.

    14.

    15.

    t6.

    17.

    lE.

    POSSES$ION: Possession ofpremises shall be delivered on

    AD.TUSTMENTS: lnt€rest, rents, water charges, ftel, and taxes will be pro-rated and djusted as of the date ol

    MORTGAGE Upon any mrtgage given, Buyer shall pay the mrtgage lax md recording fe. Sella shall pay mortgagee's tax if requiredTAX:

    f 9. RISK OF LOSSI The risk of loss or damage lo the property, by fire or other anrs, until closing remins with the Seller.

    Initial Here: Buyer(s)-_Seller(s)_,_ Page I of3

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  • 20. coNnNcENclES:

    A.) ATTORNEY APPROVAL: This Agreempnt is contingerit upon PURCHASER AND SELLER obtaining approval of thisAgreement by their respective attomeys as to all matters contained therein. This contingency shall be deemed waived unless PURCHASER'Sand SELLER'S attorney on b€hslfoftheir client notifies the other party or that party's attorngy, in writing, oftheir disepproval ofthis contrectno later than business days (minimum ofthree dsys) after this contr&ct hes been signed by both lhe PURCHASER AND THESELLER. If PURCHASER'S or SELLER'S attorney provide such notification, then this Agreement shall be deemed cancelled, null and void,all deposits shall be returned in full to the PURCHASER.

    B.) WELL WATER FLOW AND QUALITV TESTS: This agreement is contingent upon a potable water quality test to meet thestandords of the New York State DepL Of Health to be performed by a New York State approved laboratory or certified inspector and a flowtest to be performed indicating a rninimum flow of sufficient quantity to obtain mortgage financing on the subject prop€rty. These test are to b€complcted by and at PURCHASERS'S expense. This contingency shall be deemed waived unless PURCHASER shall deliver wrirtennotificetion to SELLER, mailcd, faxed or personally delivered no later than___days afler the date of this contract, of the failure of eitherofthese t€sts. Ifthe PURCHASER provides such notification, then this agreemenl shall bed d€emed canceled, null and void and all depositsmade shsll be returtred to PURCHASER. SELLER repr€sents that the said well is located wholly within the boundary lines ofthe premises andservices no other premises except tbe subject premises.

    C.) SEPTIC SYSTEM CONTINGE,NCY: This Agreement is contingent upon a test of the septic sy$tem on the subject propertyindicating that the system is in working orderby a licensed professional engineer, licensed plumber, septic system contrsotor, County healthDeparlment, certified inspector or other qualified person to be completed at PURCHASERS expense. This contingency shall be deemedwaived unless PURCHASER shall deliver wrin€n notification to SELLER, mailed, foxed or personally delivered no later than____days allerthe date ofthis contract, ofthc failurc ofthis t€st. IfPURCHASER provides such notificalion, and funher supplies written confirrnation fromthe inepector, then this entire Agreement shall be deemed canceled aod all deposits made hereunder shall be returned to PURCHASER.SELLER wgnuts that the said system is located wholly within the boundary Iines ofthe premises and services no other premises except thesubject property.

    D.) RADON INSPECTION; PURCHASER, may at their own expen6e, have the dwellinS located on the subject property tested byI reputable service or certified impcctor for the presence of radon gas. SELLER agrees lo msintain s "a closed house condition" during the test."Closed house conditioo" shall mean thqt SELLER shall keep all windows closed and shall minimize the number oftimes the exterior doors areopened and the time they are left open, SELLER furlher agrees to comply with all reasonable requirements ofthe testing service in connectionwith the t€sl provided, such compliancc shall be at no cost to SELLER. If the test rcveals that the level of radon gas exceeds four picocuries perliter (p/lit) PURCHASER shall provide SELLER with a copy of the written test resuhs. lf prior to closing SELLER is unwilling to undertakeremedial measures necessary to permon€ntly reduce the radotr gas level (as measured by a second test following the compl€tion of ihe remedialmeasures) to s level below the above-shted guidelines, PURCHASER may terminate the Contract, in which event all deposit money shall bepromptly retumed to the PURCHASER. If the test report is not mailed , faxed or personally delivered no later than ___days after the date ofthfu contract, to SELLER, this contingency shall be deemed waived by PURCHASER and the contract shall remain biuding,

    E.) HAZARDOUS MATERIALS: PURCHASER may, at their own erpense, have the subject property tested by a repuurble serviceor certified inspector for lhe presence ofasbestos, mold, toxic materials or wastes upon the prop€rty. Urea Formaldehyde gas or any otherhazardous gas or material. PURCHASER shall provide SELLER with a copy ofthe written t€st tesults- Ifprior to closing, SELLER is unwillingto removo the cause ofsuch health risk, then PURCHASER may t€rminete the contrast, in which event all deposit money shall be promptlyreturned to PURCHASER. If the test report is not delivered no later than _dsys atler the date of this contract, to SELLER, thiscontingency shall be deemed waived by PURCHASER and the contract shall renain binding

    F.) PEST INSPf,CTION: The obligations ofPURCHASER hereunder are subject to the receipt ofsn engineer's report andcertification from a recognized exterminator or certified inspector that ba$ed upon careful visual inspection of accessible areas, and uponsounding ofaccessible structural members, ther€ is no evidence of wood destroying insect infeststion in thc subject property, and ifsuchinfestation previously existed, it has been conected and any damage due to such has also been conected, If rhe test is not performed within__days after the date of this contract, this contingency shall be deemed removed by PURCHASER and the contract shell remain binding.

    O.)STRUCTURAL Rf,PORT: This agreement is contingent upon a written det€rminstion, Bt PURCHASERS expense, by a NewYork State licensed architect, Iicensed home itrspector or licensed engineer, that the subject property is free from any substantial structursl,mechanical, electrical, plumbing, wster and sewer defects. This contingency shall be deemed removed unless PURCHASER shall deiiverwritten noiification to the SELLER no later than ___days after the date of this contract, of the failure of this iesL If PURCHASER providesnotification ofany material defects, and filrther supplies written confirmation by a copy ofthe inspection report ofwhich tiere may be issues,then this etrtire sgreement shall be deemed cancelled, and all deposits made hereunder shall be returned to the PURCHASER. Ifthis does rotoccur PURCHASER(S) accept the property *as is", having inspected same and is thoroughly acquainted with th€ coodition ofthe pr€mises.Premises to be delivered to PURCHASER(S) in as good condition as it is today, reosonable wear and tear excepted. PURCHASER(S) rnaywalk through the home no later thoD _____days prior to closilg for the sole purpose of determining that there have been no msterisl changesto th€ condition of the propeny.

    H.) FHA CONTTNGENCY AND EXPENSE: It is expressly agreed that notwithstanding any other provirions of the standardcontract ofsale, PURCHASER shall not be obligated to complele the purchase ofthe property described herein or incur any penalty by theforfeiture ofearnest money deposits or otherwise unless PURCHASER has been given a written statement issued by the Federal HousingCommission or the Vetersn's Administration or lhe LAPP undgryriter $etting forth the appraised value of the property excluding closing costsof not less than $ . Said loan shall be obtained solely at PURCHASER'S expense except that SELLER agrees topay $ ______----towards PURCHASER'S*--_The PURCHASER shall, however have the privilege and option ofproceeding with the consummation ofthe contract withour regard to theamount of the appraised valuation made by the Federal Housing Commission or the Vet€raos Administration. The FHA appraised valuation isarrived al to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant thevalue or condition ofthe property. PURCHASER should satisfy himself/herselfthat the price and tlle condition ofthe property ore accept4ble.

    L) VA ESCAPE CLAUSE: It is expressly agreed that" notwithstsnding any other provisions of this contracl, the purchaser shall not beobligate to €omplete the pulch&se of the propeny described herein or to incur ony p€nalty by forfeiture of eamest money deposits or otherwiseunless the purchaser has been given in accordance with VA requirements a written ststement issued by the Department of Veterans Affairss€lting forth the appraised value ofthe property ofnot les8 than $ Said loan shall be obtained solelv aiPURCHASER'S exp€nse exc€pt thrt SELLER sgrees to pay $____towards PURCHASER'S_The purchaser shall have the option ofproceeding with the consummation ofthe contmcl without regard to the amount ofthe oppraisedvsluation established by the Department ofVeterans Affairs.

    J.) CERTIFICATION OF BORROWER, SELLER, AGENT: W€ the undersigned seller's, borower's, and real estate agent(s),invoh'ed in this loan transaction do certiry that the terms of the sales contract are true to the best ofyour krowledge and belief. All agr€emenlsentered into by any ofthc following p8rties ere fully disclosed snd 0ttached to the sales contract.

    Initial Herc: Buyer(t-__Sdler(s)_,_ Page 2 of3

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  • 21. CLOSING: The closing will be held on or 20 ,at

    22.TtMELIMIToFThisoffershallremininforceuntilo'clock(am./p.n)on-,20-,arrdifnotOtrFER: acc€pted in witing by that tirne, it shall be void md the sum depositcd shall b€ retumed to Buyer without interesl

    23. BROKEk Buya reprcsents that is selling Broker in this transsction and that no other Real EstateBroker or Agent has been instumental in bringing about this sale. Listing Broker in this transaction is

    24. PERSONS THIS OFTEB, WSEN SIGNED, SSALL AE A BINDING CONTRACT. IT SSALL BIND TIIE PARTIES IIERETO AIi'D TF TR,BOUND: NESPECTIVE EXECI,'TORS, ADMINISTR,ATONS, DISTRIBUTES, SUCCES'SORS, AND ASSIGNS. BI.TTER AND SELLER MAY

    WISE TO CONSULT TBEIR OWN ATTORNEYS EEFORE SIGMNG.

    25. I)ISCLOSURE: Buyer aclnowledges receipt of agpncy disclosure and has read aad wdersiands its content /__(please initial) andAcknowledges receipt ofsellers' property condition disclosure (l-4 fimily homes only) and has read and underslands it content

    I ,C,leasinitial).

    IN WIINESS WHEREOF, the partie hereo have executed this agreernent as of the dgte and ),ear first above wittcn.

    Buyer - Print Buyer - Prirt Drte

    Buyer. Sign|ture Drte Buyer - $gniture Drle

    Bryer(r) Addnss Phone Wftresc Drtc

    25. ACCf,PTAI\CE OF OFFER BY SELLER:Selle(s) ceni& that they om the property md./or have the power !o sell the property. Seller(s) occept the offer md agree t9 6ell on the terms and condirionssetforthabovemdryreethatthedepositmaybeheldby--'BRoKER,andthatitmaybeappliedagainstcommissionsasagred in listing contret and due from Sella.

    Check one ( I ): D Offer accepted as is D See Counter Offer

    Scller - Prlnl Drte Seller - Prlnt Drte

    Sellcr - Slgneture D.to Seller - Slgmture Drt€

    Seller(r} Addrcs Phone Wltnc!6 D.te

    * The informatlon below is for clerical u$e only

    Nsme ofs€Uer'r Auorney Name ofBuycr's Anomey

    Attomev Phone Number md Fax Nwbs Attomey Phone Number and Fax Number

    Attomey Address Attomsy Address

    Listing Corpany Selling Company

    Listing Agent Selling fuent

    Listing Company and Agent Phone Number Selling Company and Agent Phone Number

    Listing Company Fu Numbq Selling Conrpany Fax Number

    Tti!fomhs'bc€upr€Pirdfo'th.3o|tu'cofrhe,c'fenoo'Lewi3BotrdofREALToRs6.INc.A|iDITsMEMBERs.Tb.Jcffc.son-L.'i!Board,il3ncmbcrs,ioditscmpyccs.lsluncuorc.pr.ibility if Oi. foF f.fr to preI..t dG ht rcrs of .!y p!ny. Esch prny stoold *crrc it! oeo l.Srl. bx, furacilL or o$€. ldvke.

    lnitial Horc: Buyer(s)_r_Seller(r)_,_ Page 3 of3

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