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HomeMy WebLinkAboutR-1993-050 Property / Real Estate / Swan ParkRESOLUTION NO. R-93- 50 A RESOLUTION authorizing and directing the City Manager to execute a Real Estate Purchase and Sale Agreement for real property located adjacent to Swan Park. WHEREAS, the City of Yakima has negotiated an agreement to purchase a parcel of real property adjacent to Swan Pa. --k for inclusion in that park; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to purchase this real property, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Real Estate Purchase and Sale Agreement with Evonne M. Knox and Douglas Knox, husband and wife, and to take all necessary actions to acquire the real property described in the attached agreement. ADOPTED BY THE CITY COUNCIL this 25 day of May, 1993. CAft-• ATTEST: Mayor City Clerk (1s)res/swan.rp PURCHASE AND SALE AGREEMENT ff � This Agreement is made and entered into this ('day of June, 1993, by and between DOUGLAS KNOX and EVONNE M. KNOX, husband and wife, (hereinafter "Seller") and the CITY OF YAKIMA, WASHINGTON, a municipal corporation of the State of Washington, whose address is 129 North Second Street, Yakima, Washington 98901 (hereinafter "Purchaser"), WITNESSETH: IT IS MUTUALLY AGREED by and between the parties hereto as follows: Section 1. Purchase and Sale of the Property. Seller hereby agrees to sell and Purchaser hereby agrees to purchase, subject to and on the terms and conditions hereinafter set forth and for the price hereinafter fixed, certain real property located at 725 North 14th Avenue in Yakima, Yakima County, Washington, legally described in Exhibit "A" attached hereto and hereby made a part hereof, together with all of Seller's right, title, and interest in and to the buildings, improvements, appurtenances, and fixtures located thereon. The sale property and all improvements attached thereto shall collectively be referred to as the "Property." It is understood that the sale and conveyance made pursuant to this Agreement shall be subject to any and all applicable federal, state, and local laws, orders, rules, and regulations. Section 2. Purchase Price. The purchase price for the Property to be paid by Purchaser to Seller shall be the sum of Thirty Thousand Dollars ($30,000.00) ("Purchase Price"). Section 3. Payment of the Purchase Price. The Purchase Price shall be paid by Purchaser to Seller as follows: (a) Within twenty (20) days of execution of this Agreement by all parties, the sum of One Thousand Dollars ($1,000.00), in cash or by City of Yakima Warrant, to be deposited with Fidelity Title Insurance Company, 406 North 2nd Street, Yakima, Washington 98901 ("Title Company") [the One Thousand Dollar ($1,000.00) deposit and accrued interest thereon shall hereafter be referred to as "Escrow Fund"]; and (b) At the time of closing of escrow, Purchaser shall pay to Seller the balance of the Purchase Price in cash or by City of Yakima Warrant. Section 4. Conditions Precedent to Sale. This Agreement is subject to the following express conditions precedent, and Purchaser shall not be obligated to purchase the Property Page 1 of 7 Swan Park until all of the following conditions precedent are satisfied in the manner set forth below: (a) Clear Title. At or before time of closing, Seller shall clear any and all defects in the title and all liens, encumbrances, covenants, rights of way, easements, or other outstanding rights disclosed by the preliminary title report, except those matters set forth in Section 6. (b) Satisfactory Environmental Audit and Feasibility Studies. Upon execution of this Agreement, Purchaser, and its agents and subcontractors, are granted the privilege of entering upon the Property for the purpose of performing environmental audits, soil tests, asbestos tests, engineering and feasibility studies, and such other studies as Purchaser may deem necessary to determine the suitability of the Property for the purpose of which Purchaser desires to purchase the same. The results of such audits, tests, and studies must be determined to be satisfactory in Purchaser's opinion, and Purchaser shall make said determination within ninety (10) days after the date of Seller's acceptance of this Agreement. (c) City Council Approval. The terms and conditions of this transaction are subject to approval by the Yakima City Council. Notice of approval or disapproval shall be given by Purchaser to Seller on or before June 7, 1993, and failure to give such notice within said time period shall be deemed notice of approval. In the event, within said time period, Purchaser gives Notice of Disapproval, this Agreement shall be deemed terminated forthwith. In the event that any one of the foregoing conditions precedent is not satisfied in the manner set forth above, then the Escrow Fund shall be returned to Purchaser, and this Agreement shall terminate and be without any further force and effect, and without further obligation of either party to the other. Section 5. Escrow. Within twenty (20) days of execution of this Agreement by all parties, an escrow account shall be opened with Fidelity Title Company, and Purchaser shall thereupon deposit with the Title Company the sum of One Thousand Dollars ($1,000.00), with instructions to Title Company to hold the same in accordance with the provisions of this Agreement. On or before the date of closing of escrow, Purchaser shall deposit with Title Company the Purchase Price, less the Escrow Fund, and Seller shall deposit therein a duly executed Statutory Warranty Deed for the Property. Title Company shall be instructed that when it is in a position to deliver to Seller the Purchase Price, and to issue an American Land Title Association standard form of owner's or purchaser's policy of title insurance in the full amount of the Purchase Price, insuring fee simple title to the Property in Purchaser, subject only to the items set forth in Section 6, Title Company shall: Page 2 of 7 Swan Park (1) deliver and record the Statutory Warranty Deed to Purchaser; (2) deliver to Seller the Purchase Price; and (3) issue and deliver to Purchaser the standard owner's policy of title insurance. At closing, (a) Seller shall pay the following costs: (1) One -Half of the escrow fee; (2) The real estate excise tax, if any; (3) The premium for the issuance of the standard owner's policy of title insurance; and (4) Seller's pro rata share of real estate taxes (whether general or special) assessed against the Property and due and payable for the year of closing. (b) Purchaser shall pay the following costs: (1) One -Half of the escrow fee; (2) The cost of recording the Statutory Warranty Deed; and (3) Purchaser's pro rata share of real estate taxes (whether general or special) assessed against the Property and due and payable for the year of closing, if any. Section 6. Title. Upon closing of escrow as set forth in Section 5, title to the Property shall be conveyed by Seller to Purchaser by a duly executed Statutory Warranty Deed. Title to the realty shall be in fee simple and clear of all liens, encumbrances, exceptions, and reservations other than the following: (1) Non -delinquent real property taxes (whether general or special); (2) Rights reserved in federal patents or state deeds; (3) Building or use restrictions consistent with current zoning, other than government platting and subdivision requirements; (4) Utility easements; Page 3 of 7 Swan Park (5) Items disclosed in the preliminary title report and expressly approved in writing or waived in writing by Purchaser. Section 7. Closing: Possession. Escrow for the property shall close on or before the day thirty (30) days after satisfaction of the conditions precedent set forth in Section 4(b) and 4(c) above. Purchaser shall have the right to take possession of the property on the date of closing. Section 8. Default: Liquidated Damages. IN THE EVENT THE SALE AND PURCHASE OF THE PROPERTY SHALL FAIL TO CLOSE AS SET FORTH IN SECTION 5 BECAUSE OF ANY DEFAULT OF PURCHASER HEREUNDER, THE ESCROW FUND SHALL BE AND REMAIN THE PROPERTY OF SELLER AS SELLER'S SOLE REMEDY AND AS LIQUIDATED DAMAGES FOR SUCH DEFAULT BY PURCHASER, AND THIS AGREEMENT SHALL BE WITHOUT ANY FURTHER FORCE AND EFFECT AND WITHOUT FURTHER OBLIGATION OF EITHER PARTY TO THE OTHER. SELLER'S ACTUAL DAMAGES IN THE EVENT OF SUCH DEFAULT BY PURCHASER WOULD BE DIFFICULT OR IMPOSSIBLE TO ASCERTAIN, AND FURTHER, PURCHASER DESIRES TO LIMIT ITS LIABILITY TO SELLER IN THE EVENT THE SALE AND PURCHASE OF THE PROPERTY SHALL FAIL TO CLOSE BECAUSE OF ANY DEFAULT OF PURCHASER HEREUNDER. Section 9. Notices. Any notices required or desired to be given under this Agreement shall be in writing and personally served, given by overnight express delivery, or given by mail. Any notice given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the party to receive at the following address or at such other address as the party may from time to time direct in writing: Seller: Purchaser: Title Company: Page 4 of 7 Swan Park Douglas Knox and Evonne M. Knox 1962 Speyers Road Selah, WA 98942 Mr. R. A. Zais, Jr., City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Fidelity Title Company 406 North 2nd Street Yakima, WA 98901 Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service. Copies of all notices to Seller or Purchaser shall be given to Fidelity Title Company, and copies of all notices to Fidelity Title Company shall be given to the other party to this Agreement. Section 10. Assignment. Purchaser shall not transfer or assign this Agreement, or any interest therein, without the consent in writing of Seller, and it is agreed that any such transfer or assignment, whether voluntary, by operation of law or otherwise, without such consent in writing, shall be absolutely void and shall, at the option of Seller, terminate this Agreement. Section 11. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. Section 12. Time of the Essence. Time is of the essence of this Agreement. Section 13. Law Governing. This Agreement shall be governed in all respects by the laws of the State of Washington. Section 14. Successors and Assigns. Subject to the provisions of Section 10, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns. Section 15. Special Provision. Seller represents that it is not a foreign corporation, and withholding of Federal Income Tax from the amount realized will not be made by Purchaser. An Affidavit and Certification prepared in conformance with IRS regulations under Section 1445 of the Internal Revenue Code will be executed by Seller. Page 5 of 7 Swan Park Section 16. Entire Agreement. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties hereto are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. Section 17. Litigation. In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Section 18. Included Items. The following items are included in the sale unless noted otherwise: linoleum, window screens, screen doors, water rights, water stock, plumbing and light fixtures (except floor, standing, and swag lamps) attached television antennas, attached carpeting, trees, plants, and shrubs in the yard, built-in appliances, shades, Venetian blinds, curtain rods, all attached bathroom fixtures, attached apparatus and fixtures, awnings, ventilating, heating, and cooling systems, attached irrigation equipment, unless otherwise specified. Section 19. Agency Disclosure. At the signing of this Agreement, the selling agent, C. Alan Champie, Century 21 Central Realty, Inc., represented Seller and the listing agent, C. Alan Champie, represented Seller. Section 20. Broker's Fee. Seller agrees to pay listing agent a fee of 3.5% total sale and any selling agent a fee of 3.5% total sale. Escrow Agent is authorized by and directed to pay listing agent and any selling agent said fees from sales proceeds at closing. Section 21. Representation and Warranty. Seller represents and warrants to Purchaser that, to the best of Seller's knowledge and belief, there are no hazardous substances on or under the Property. Page 6 of 7 Swan Park IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first herein written. [PURCHASER] Witness: Attest: City Clerk CITY OF AKIMA,SHINGTON LxZ By: .� , G -nn K. R#ce, Acting City Manager UN CONTRACT 0: a 10 2- 93 -50 Ed Seller's acceptance:3— day of 3 LL' ,1993. Seller agrees to sell the Property on the terms and conditions specified herein. Seller acknowledges receipt of a copy of the Agreement, signed by both parties. [SELLER] Witness: Witness: Page 7 of 7 Swan Park DOUGLAS KNOX EVONNE M. KNOX LEGAL DESCRIPTIONS PARCEL "A" COMMENCING AT A POINT ON THE NORTH LINE OF THE SOUTHWEST QUAR- TER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18, E.W.M., SAID POINT BEING 513.15 FEET WEST OF THE POINT OF INTERSECTION OF SAID NORTH LINE WITH THE WEST LINE OF THE RIGHT-OF-WAY OF YAKIMA WATER, LIGHT AND POWER COMPANY'S CANAL; THENCE SOUTH 148.5 FEET TO THE TRUE POINT OF BE- GINNING; THENCE NORTH 89' 32' EAST 355 FEET, MORE OR LESS, TO THE WEST LINE OF SAID CANAL: THENCE SOUTHWESTERLY ALONG SAID WEST LINE OF SAID CANAL TO A POINT BEARING NORTH 89' 32' EAST OF A POINT 1026.3 FEET NORTH OF THE SOUTH- WEST CORNER OF SAID SECTION; THENCE WEST_ 211 FEET, MORE OR LESS, TO A POINT SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 154.3 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL "B" BEGINNING AT THE TRUE POINT OF BEGINNING ABOVE SITUATED; THENCE SOUTH 39.3 FEET; THENCE WEST 22.5 FEET, MORE OR LESS, TO THE EAST LINE OF ROAD CONVEYED TO YAKIMA COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 824110; THENCE NORTH 39.3 FEET; THENCE EAST 22.5 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL "C" BEGINNING ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 E.W.M., SAID POINT BEING 513.5 FEET WEST OF THE POINT OF INTERSECTION OF SAID NORTH LINE WITH THE WEST LINE OF THE RIGHT-OF-WAY OF THE YAKIMA WATER, LIGHT AND POWCR COMPANY'S CANAL; THENCE SOUTH 234.8 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 89' 32' EAST 241 FEET; THENCE NORTH 85 FEET; THENCE NORTH 89' 32' EAST 139 FEET, MORE OR LESS, TO THE ABOVE MENTIONED RIGHT-OF- WAY LINE; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE TO A POINT BEARING NORTH 89' 32' EAST OF A POINT 1026.3 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION; THENCE SOUTH 89' 32' WEST 233 FEET, MORE OR LESS, TO THE EASTERLY LINE OF FOURTEENTH AVENUE NORTH, EXTENDED; THENCE' NORTH ALONG SAID EASTERLY LINE OF FOURTEENTH AVENUE NORTH. EXTENDED, 95 FEET; THENCE EAST 22 FEET, MORE OR LESS, TO A POINT NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 27 FEET, TO THE TRUE POINT OF BEGINNING, SITUATED IN YAKIMA COUNTY, WASHINGTON. REAL ESTATE PURCHASE & SALE AGREEMENT THIS OCINTRACT CONTROLS THE TERMS OF THE SALE OF REAL PROPERTY (Please read both sides careluny terore signing) Received from / / tj ♦T 4 )l s hereinafter called Buyer the srm of `s -- 6 — Dollars {S ] n he lone of: Agent and who is authorized to hold said deposit as e been fully executed by Buyer and Seller) and as part payment o commonly known as'? Z S N hia parcel no. f /3/3- and legaly described as follows: , which has been deposited with Selling money deck orgy aper this agreement has led in Yakima County. Stale of Washington, 18 90 2 - SEE ATTACHED (Buyer and Seller authorize Agent b insert, over heir entered) 0 See addendum for legal. PURCHASE PRICE. The Iola! price i Dollars ($ © 0 a �" I payade as lonows: • ea "-ST *1e1,.•7 atiov 41- 7) .. G ev wb i N -A -r<71` sir '5°' tioY- <v_ 2 3 4 5 6 7 B 9 10 11 ures the legal description of he above property aria Coned any legal description 12 13 lrsd � 14 1. FINANCING. 11 tinancirng is regrired, Buyer agrees b make formal or written appfcath n for the same within ` / iJ Se business days after roti 'f ration oI Pers acceptance. () Seller Ai () Buyer agrees to pay a mortgage discount rate of % of the 17 Amount Financed. IF FINANCING 15 NOT OBTAINABLE, EARNEST MONEY (LESS APPRAISAL FEE, CREDIT REPORT AND CANCELLATION 18 FEE(S), IF ANY) shall be refunded to the Buyer. Buyer arc Seller authorize Agent to t sbuse funds from the W51 account b payment of credit 19 report, appraisal fees, and any title cancellation tees prior b ciosing, to be repaid by Buyer when sale is dosed. Agent is authorized to disburse 20 the hinds from the trust account to the escrow agent designated herein, C financing is regtired then the INSPECTIONS douse on the reverse side 21 may be a part of this agreement. Agent makes no representation as to the type and or avaiability of financing: Buyer assumes sole responsibility 22 to investigate, arrange fa and compete financing conditions. 23 2. NON FINANCING CONTINGENCIES This agreement is contingent on: 24 (IF THE FOREGOING IS COMPLETED THE CONTVIGENCY CLAUSE ON THE 25 REVERSE SIDE ISA PART OF THIS AGREEMENT AND THE SPECIFIED NUMBER OF DAYS SHALL BE DAYS). 26 3. PROPERTY DISCLOSURE. Buyers ober _is _As rot, condtioned on Seiler providing a completed Setters Property Disclosure Form wrhn 27 3 business days of mutual amepiarre of this Agreement Buyer shall have _ business days (3 business days it not lied in) on receipt in wtici, 28 10 approve of the disclosure nlomlabon. 29 4. SELLER'S REPRESENTATIONS. Seller represents Ilial al do)4/odic/community (1) tie property is connected to a: water main 30 well%pudk sewer 0 septic tar& 0 cesspool 0 gas maim/ 'electrical power 0 rare of the Ioregoirng (IF WELL OR SEPTIC TANK ARE 31 CHECKED, THE WELL OR SEPTIC TANK PROVISIONS ON THE REVERSE SIDE HEREOF ARE PART OF THIS AGREEMENT), (2) 0 nal 32 there is a Condominium a Home Owners fee, (3) that to property contains leased or encumbered items identified as 0 water softeners 0 Other 33 /t'©A (4) that all ele r al wiring, healing, Coolag, pwmdrg systems, appi- 34 axes, wood stoves, and (replaces will be in normal working order at the time Buyer is entitled to possession, (5) hat he knows of ro material 35 structural dereds, (6) bathe will maintain the property and yard in present or better corbblron until agreed possession, (7) Mal shares in tight and/ 36 or wafer companies and associations, it any, shall be included in to sale, mess rated, (8) Chat he has no krowledge or ratite from any 37 governmental agency 01 e'y violation of laws relating to to subject property. Exceptions: 38 N O N 39 5, TITLE. Seller to provide title insurance at dosing, lite b the property is to be free of ale errxmdar>ces, tut shall be sttjecl to rights reserved 40 in Federal Patents, slate a railroad deeds: buildings or use restrictions general to he area; zoning regulations: utility easements of record; rights 41 of way or easements shown on the pal or visible by inspection; reserved oil ardrbr mineral rights; and any luture adjudication oI surface water rights 42 by any appropriate Federal and/or slate proceeding and hriher subject lo: 43 Maid E 44 6. ADOITIONAL PROVISIONS. h addition to INCLUDED ITEMS. CONVEYANCE. TITLE INSURANCE, CASUALTY LOSS, DEFAULT AND 45 GENERAL PROVISIONS. printed on fie reverse side of tis agreement the Iolbwrg decked items are also included: 0 FHA/VA/CONVENTIONAL 46 FINANCING AND'FFHA VNCONVENTIONAL REQUIREMENTS 0 INSPECTO NS 47 SELLER ( 3�♦ 1 (tfyik 1 Page 1 of 2 BUYER( ) ( 1 48 16 (A) CONVEYANCE P ; • •- be by Statutory Warmly COW tee d ncumbrenon limp those road is PtregroO 4 n mored, Saler and Buyer agree b esaMe a rail aerate ccrtnd 4 the behnce of Cr puches' aim m Ree Edon Centred her Wm a anadvad Nemo, and to Inns of stick we hoorpora red herein by reerence. Sad contract del proside Wee lea to +v r red, aortgage, deed ol Mara Ghee enaerbranoe u4rdh Soder Is to artrueb pay, Selo Agrots lo per rail cod red, anger, et) n terms, end rpm defaul, prdbsw Mel hew the Arae b make sty payments riot niay b =ova the da see, end panne* ren Fafrq due co Its, comma balm Soler ad Bury torah Ward under nada) real aka mired, beans* and be by p edhaw's mamma d contact and dead alba a u? rief La. 1.te•r. :. .. _ c- • _.« (8)TME Dt5 Tei+ l' `� J CC Selo adhakra Agent al Wen t axpwisa, to appy 1a•pre ryasmrrlmere lora nardard lormaalrera+pudrarrti poly DM hareem tote Ise edby nidi tie Munroe comport es lir Saar may disiprwm. Said prehmi ey earrrttnharl• and the Ile poky b be Isstrd Orelcol* oro eraptbis Otho than taco pmvtlsd bee h sed" anted bon rod ersntrnws « defects riled ii parsaaph 5 hereat. 11 tike aErxrt be mode en Insure 1st plot le the *obi dire cold b heal, Cr mood money i'd, oleo Burn Yeas b reale such detects a en Matrixes, be returded b the Buyer, lea ny cods hared of whences by Ages br Buyer, ed res scam" ihd be trmtrerd. (C) GENERAL PROVOS:1M Se Ier nil btryr rarer" tlul AGENT his meds no npr®Etetiae canonic the exam corse Maly, bourdeey Ina a ski, buyers frantic ally, or my othe maim =calm a to parties, ureses Womb' rated lora ex h ort g separelely. SOl1ARE FDOTAGE Idea tetras impeesslydated lo to calory on to mono hexad, ray spare rootage as b the buefip o a used by Seder a any int estate wail In malady; sad prepaty w urdrebod to be eppnid nebae and e s nes tweeted b be maid rptm b determine Qr Illness a "aka el the papery. Burr has penmdy abearmd t *piety teed tis reacted Ns o.n mdislm its b the edepa cy and acac abiay d the sire el weeny bead axe aid personal Ygwmm. TUE IS OF THE ESSEN;E 711ENE HAVE BEEN NND VERBAL OR OTHER AGREEMENTS MMICH MODIFY Tt65AGRE131ENT THIS AGREEMENT DCWSTITUTES THE FULL UNDERSTAWIG EIXTIVEEN MR IF% BUYER AND AGENT. •h7 L • It' '44,e ' (D) CONTINGENCY CLAUSE paeaeph d roin ton side hehas rheum Idled R b b e�m ead tree Soler ay keep the property aM magi dus and eorwir t* b dew 1 ural coercingcoercingpts g by Buyer II gra to that rani, Saler receives Hoffer hoewlhle meati plri hiladthe popery. he dal itre Buyer nate olds tat to soap rte nee icer shall be parswtaly darned to Boma sari by certified .dpi to Burrs siddtess al de trait side of isle ssreerrwtt BUYER MUST KEEP Salta AIYVISEOOFHt$ORHER WIERF�ABOUTSSELLING AGENT HAS NO, RESP �TOPUYE BEYONDT ORM NCSELLER OFBUYERS LATEST KNOWN WHEREABOUTScaed . WHEN REQUESTED. The sperumba d days stag commasreel de day dila" *roar, a, I mad, than ands did dry toloeq b depose no M ma In auto case, and specked days steal el MOO el the last day da= that day lea S�t4 y.Stnday a regal Igiday, In which vows. l stmt ogeeat Dania" the rod bushes, day H rata, sal specified days, ellekin n notice e Buyer that sad ma m ergfres 15eee mal ex waiwd�t actuary reeeired by Saler a Lien Ageea , &Awed to Sitars addross on the tort side of this eaeereed. Buyers i F Io pradhafu hereunder sled Cobweb aoc«dEee hwwilh In the ewers test Selo does nil mein il a such nIrtagerryei wart the spoofed munbw d days. Men the Kramer" sheltie !enabled end the paned navy dual be rd wed to Buys less cads Mored, 6 Ery. BUYERS CC)NTNGE NCY WAY ONLY BE WAIVED BY WRITTEN NOTIFICATION TO LISTING BflOk B Gill SEILER j 4AT BUYER HAS REMOVED THE CONTPIGENCY AND Will PF;OCEED TO CLOSE PE SALE ACCORDING TO ITS TERM& ' .1 C.- , tp 41.0 r , E w ec dr ,. mum= (0) FHA/IA/CONVENTIONAL FINANCING AND FHANAICOfVENTI NAL REQUIRE LENTS II this reasoned is oorhddianhed "{rat Buyer cramp FMmArCONVE NT IONAL hnaki% 1 is exam* wad that root sardine any other peer dsiors d to comma, the Buyer chapatti ablgatad to btr:tt cry pen* by bdaNure d earnest money. or othee{se be rlrigated to cackle the pulses' ol the property desabad Meeh. orbs Btrya has mead s erten Statement issued by FIiANACONVENTIONAI LENDER as appdcebge,may bit in eppraisad adlns d Iha prcgety Mid* ileac coos) ei rd Ins tiro the paha* pica. The Buyer stea teralnw, hen the pthiege and *e Recd tonin n ctthe carred ethos regard ro each appraised roan, provided the Ceram a roans el the appraised vela be paid it cash Naher the FRN K*'4ALUM ER rare ae roue a the mrhaliat d to pmpany. The Buyer should satisfy Mesal thee the trios and the oorhdiim of the pRperty era ecoq>tabie, Selo u+dwstic& Ike FNANACONVENTIONAL LENDER may rally til Oe propeeiycacghb ran powrfental regaremera irobir g, but nuc tried to. tical mead to disria h eNdi ib ceded rake requirement, grouting b cupric Link mode end edit eel irsaemrq h order la the Buyer b franca FHANACONVENTIONAL.1 rearmed. Sate What= Aped to have said prapefy Mewed by ANAlCONVENTr*NAL arras. War trio apraa b pay M ail d sad impact:" 1 is urdersad Oa a e real al irsspaCbrs d the properly, Or Seder maybe regiied lc make was b teperperly a ado comae a sale ode this aaaamell. Soler a Hol cradled b ccepleb this sate 1 repai tithe priestly are naiad wine &, w edeas b mato said opal as dotal Fed rf at_Rope Yion i and a ether agrveraea /127, it : 71 d �': _L-- Si, oZ:'r�f. �' prop'11.1rt'vea A !'o iv ear- tee • NEW CONSTRICTION • tette ewer" keds la tris Irareadion are to boatload throiiar a YA guaranteed oar ixrraruaon loan, Serer woes no b rade VA Tedncal Won 26 A-5 a wry snerdmwl tferMo. 1r 1 prior to ilosbg, end res d.%'= Y D. Sala the ;civets erre diad be destroyed a OF PRPtATE OEWAGiOISPOSAL SYSTE I 'In hWlkimp altar and Serer has no inorledge d Ery needed repan. 7, t, _ agreemw+ t ibn of the puehesa shat belt real • 1+1 RNSFECTEIL financing, THE LENDd'IG NNSTITUTION, Ri4NAKONBVTIOHAL LENDER. MAY REQUIRE THAT p rnoredal recattrorts pl!heck a/ goody in 'Mich 1 is located, androgen other nspes i i , iuiudmg, rall4emir. CI�STL ;¢4i Tt:I g4edw aaeestopat, n store*, upon ace:a d eqwx_ones' t{+ !7 Is Kms- < %L,'teil t:I •i. _ +vim .. , 4 -. '• E- 11Q NOTICE TO SELLS, PURCHASER gild AGST BROIER , mesons loran aa,ornerttotie_ uehaseandsadadleafeslafeTtsYelaraAss6d36ondREALTORS¢tnekeaNOWARRANTYORREPRESENTATION Qts Imre, a any d b proeisbrs, b resided to meal tooted end laps rosimmwts of ipMpaila barssadak a that 1 amordety nabob to besot to Sloe erne you order the ac roam" THIS AGREEMENT HAS SIGtARC ANT LEGAL AND ?WANDA!. CONSEQUENCES AND YOU ARE ADVISED TO SEEK AND FINANCIAL COUNSEL REGARDNG THESE QDNSEOURVCES nC t.yoir'Ho Mil irldeslard the orad or eery pet, coal res Mom baba carrel O, liiitogate tica.Fadetst taimsyYipisa sinal ,Plot Iplay�i;,�S�+pa:brwi lthan arty dais signotieswain Mail lamb wlharad salsaa&si .) c'ii?rT:J li � }� i+r ,AY^•`I" ' a r ti.•' 7 NEW CONSTRUCTION ONLY lot* compieted Pursuant 10 FIC Regulation nor nic.. 49 construction ordy) the forlowing must beRriiiedvaluen: Walt ersularron Type Thckress: R -Value tnsuiauon 50 Type. Thiploess: Floor at n. Type 51 R-Valte The type 01 tisiJaten will be rioted tx the equivalent mereol 52 8. CLOSING COSTS AND PRO -RATIONS. The cost 01 escrow shall be shared equally between Buyer and Seller, except those lees waken 53 are expressly limited by Federal Regulation. Setter sha! pay lot excise lax Taxes to Me current year rents. interest Am -cation. Conoomireum 54 errlior Horne Owner s lees, water and other utility charges constituting liens, shall be peo-raled as of dale Of dosing unless otherwise agreed Burr 55 agrees to pay tor remaining heating fuel (ex:du:trig wood) provided that prior 10 closino, Seger obtains a written statement as to the quantity arc 56 current vice Mere°, Irom fie Supplier Buyer shag reimburse Seger tor mortgage reserves as ol said dale. 57 0. CLOSING OF THE SALE WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale snag be 58 dosed on Tilt Q 1 1113 belore upon m utuat agreement of seller and buyer which shag also be the Wrminabon dale of this agreement. 59 provided. however, this sale shag be dosed alter said date unless Seller or Buyer gives written mace of termination after said dale and before closing 60 to the Vie(pafly and Agent and escrow Agent When retried the Burr and Seller will deposit. without delay in escrow vain 61 al instruments and monies required to complete the transaction n accordance with 62 this agreement Segers terein authorize he lender to furnish payoff or assumption data to dosng Agent upon request. Chosing, for Me purpose 53 of this agreement, is defined as the date at all documents are executed and the sale proceeds are available for disbursement to the Seller 64 10. POSSESSION: Buyer !hall be entitled lo possession cin Aosing, 144 65 Seller agrees to pay the Buyer the sum of A" A. for each day of possession beyond 66 (Said pa)lmerd shall be to we responsibility of the Serer, due on demand.) 67 11. AGREEMENT TO PURCHASE: Buyers decision to purdase is not based %spoil statements by either Listing or Seling Agent concerning 68 he property unless the tact have been either (1) included as conlingeriaes tor the purciiase or (2) independently verified as true to the compete 69 satisfaction of Buyer Except lor conditions and contingencies specifically rioted elsewhere in (Ns agreement, Buyer accepts the property budding 70 and improvements in their present condition, as is. (Burrs knowledge of the property has been solely obtained from personal observations. and 71 representations made by Seger). Burr hereby acknowledges receipt of coPy of this agreement. Buyer offers to purchase be above property on 72 tie above terms and concitions. Nclice of aptar given to Agent by Seller shag be considered as given to Buyer Seller shall have until 73 gip /p.m, to accept !Vs offer by deliveringl signed copy tiered to Agent..4_7 12. AGENCY DISCLOSURE. Al the sigolisAgreerrrent engagent Ain-gi 44- / -71 6iuf4 (name of )eIng agenkpl broker) repesenled and the listing agent Cf --05 /leek (name of listing agent and broker) represented 77 Each party SigniN this document confirms that prior oral ardor written discoure 78 ovide henitier in tos transacton. 79 13. DEFAULT II this Agreement is terminated lor any reason, any costs authorized under this agreement to be advanced from the earnest money 80 deposit shag be deducted belore the remaining earnest money is refunded to Buyer or !veiled to Seller. the earnest money is forfeited to Seiler 81 said money shall be divided equally between Seller and Agent, ;orowed, however hal the amount due Agent shall not exceed the agreed brokerage 62 lee. 11 a dispute should arise regardre disbursement of any earnest money the party holing the earnest money may interplead ie lunds into 83 Me court. Furthermore, 1 either Buyer or Seller defaults, the nonidefaurg party may seek sped% perlormance or damages, except that the Sellers 84 remedy logows 1 the paragraph below has been initialed by tooth canes: 85 re event the Buyer tails, without legal excuse, to aornPete e purchase of the Property the earnest money deposit me 86 by the Buyer shall be todeited lo the Seller as the sole and excheave remedy available 10 the Seller for such ladure. 87 Futhermore, rf the earnest money deposited exceeds five percent (5%) ol Ile sale price, Seger may retain as liquidated 88 damages and as Seller's sole remedy earnest money equalling only 5% of the purchase price* any additional earnest money 89 shall be relined to Buyer 90 In the event tral Buyer Seller or Agent shall commerce proceedings or institute suit to enforce ally rights hereunder IN Prevailing parry shall be 91 entitled to costs arid a reasonable attorneys lee In the event of a Dial. the amount of the attorneys lee shall be fixed by Ire court. Venue shall 92 lie in Yakima County Washington. A 93 BUYER SELLING AGENT C-2-/ (Sqsetrire)_) 95 BUYER (Signature) CLe41-7 --e:2-0^+i9 96 97 Bur rs Phone 98 BUYER'S PRESENT ADDRESS (Work) (Horne) 99 14. SELLER'S ACCEPTANCE. On 19 Seller agrees to sell Ite property on the terrns and conditions 10) speared hereirt Seller ecirowledges receipt ol a copy of this agreement, signed by both parties, 101 15. SELLER'S COUNTER OFFER: Seger has made a Gooier Offer hereon or artacted hereto on . 19 102 Buyer shall nave until Notice of acceptance given to agent by buyer shall be considered as 16. BROKER'S FEE. Seller agrees to pay listing agent a lee of •_And any selling agent a lee of 3 within which to accept same. Escrow Agent is authorized by and directed to pay listing agent and any setting agent said lees from Me sales proceeds at SELLER SELLER 103 104 105 106 rtkaa 6 pt 107 !..! (Sellers Address) 108 Phone 7-9 Va3 109 (Work) (Home) 110 111 112 113 are Kamm wow) 114 P.2.2 012 115 e...-.LearOok Malone Gwy-fror, 1.1•12n1CAN-Ginarr San Ccp-Pri. ,1Caortecier 17 BUYER'S RECEIPT A true copy of the foregoing, signed by Seller is hereby received on , 19 Buyer [Via -TM IT 11.014 L,V1CIA REAlf ORS ,11.$