EFTA Document EFTA01268576

clotleop signature yelilication: u 7iu PURCHASE AND SALES AGREEMENT New Hampshire Association of REALTORS Standard Form L Cr REALTOR.. *==,7 1 11/20/2019 (*EFFECTIVE DATE) EFFECTIVE DATE is defined in Section 21 of this Agreement 1. THIS AGREEMENT made this20th day of November Richard Yospin, Trustee of The Richard Yospin Family Trust dated December 28, 2012 City/Town and Granite Reality LLC ("SELLER") of , 2019 between cityrrova State Zip ("BUYER")of State Zip 2. WITNESSETH: That SELLER agrees to sell and convey, and BUYER agrees to buy certain real estate situated in City/Town of Bradford, NH located at CountyMerrimack Book= Page Date 12/20/2017 ("PROPERTY"). 3. The SELLING PRICE isone million seventy-five thousand Dollars $1,075,000 A DEPOSIT in the form of Wire , is to be held in an escrow account byFour Seasons Sotheby's International Realty ("ESCROW AGENT'). BUYER 0 has delivered, or Pi will deliver to the ESCROW AGENTs FIRM within 5 days of the EFFECTIVE DATE, a deposit of earnest money in the amount of $10,000.00 BUYER agrees that an additional deposit of earnest money in the amount of $90,000.00 will be delivered on or before Upon Satisfactory Inspection Results If BUYER fails to deliver the initial or additional deposit in compliance with the above terms, SELLER may terminate this Agreement. The remainder of the purchase price shall be paid by wire, certified, cashier's or trust account check, in the amount of $975,000.00 4. DEED: Marketable title shall be conveyed by a Warranty deed, and shall be free and clear of all encumbrances except usual public utilities serving the PROPERTY. 5. TRANSFER OF TITLE: On or before 12/13/2019 at TBD or some other place of mutual consent as agreed to in writing. 6. POSSESSION: Full possession and occupancy of the premises with all keys shall be given upon the transfer of title free of all tenants and occupant's personal property and encumbrances except as herein stated. Said premises to be then In the same condition in which they now are, reasonable wear and tear excepted. SELLER agrees that the premises will be delivered to BUYER free of all debris and in "broom clean" condition. Exceptions: Buyer reserves the right to conduct a walk through inspection upon reasonable notice to SELLER's real estate FIRM within 48 hours prior to time of closing to ensure compliance with the terms of this Agreement. 7. REPRESENTATION: The undersigned SELLER(S) and BUYER(S) acknowledge the roles of the agents as follows: Margaret Weathers of Four Seasons Sotheby's International Realty is a ®seller agent °buyer agent Dacilltator Disclosed dual agent' of Four Seasons Sotheby's International Realty is a set er agent buyer agent ®facilitator Udisdwed dual agent' *If agent(s) are acting as disclosed dual agents, SELLER and BUYER acknowledge prior receipt and signing of a Dual gA ency Informed Consent Agreement. O NOTICE OF DESIGNATED AGENCY: if checked, notice is hereby given that BUYER is represented by a designated buyers agent and SELLER is represented by a designated sellers agent in the same firm. 8. INSURANCE: The buildings on said premises shall, until full performance of this Agreement, be kept insured against fire, and other extended casualty risk by SELLER. In case of loss, all sums recoverable from said insurance shall be paid or assigned, on transfer of title, to BUYER, unless the premises shall previously have been restored to their former condition by SELLER; or, at the option of BUYER, this Agreement may be rescinded and the DEPOSIT refunded if any such loss exceeds $5,000.00 SELLER; INITIALS 1, BUYER(S) INITIALS / 02014 NEW HAMPSHIRE ASSOCWTi 6R SWAVIORSta ENC. ALL ROWS RESERVED. FOR USE BY NHAR REALTOROMEMBERS ON Y. ALL OTHER USE PROMOTED 07.2015 PAGE 1 OF 5 EFTA01268576 dotloop signature FERRARA/1. PURCHASE AND SALES AGREEMENT New Hampshire Association of REALTORS, Standard Form REALTOR* 9. TITLE: If upon examination of title it is found that the title is not marketable, SELLER shall have a reasonable time, not to exceed thirty (30) days from the date of notification of defect (unless otherwise agreed to in writing), to remedy such defect. Should SELLER be unable to provide marketable title within said thirty (30) days. BUYER may rescind this Agreement at BUYER'S sole option, with full deposit being refunded to BUYER and all parties being released from any further obligations hereunder. SELLER hereby agrees to make a good faith effort to correct the title defect within the thirty (30) day period above prescribed once notification of such defect Is received. The cost of examination of the title shall be borne by BUYER. 10. PRORATIONS: Taxes, condo fees, special assessments, rents, water and sewage bills shall be prorated as of time and date of dosing. Buyer shall pay for all fuel remaining in lank(s) calculated as of the dosing date or such earlier date as required to comply with lender requirements, if any. The amount owed shall be determined using the most recently available cash price of the company that last delivered the fuel. NH Real Estate Transfer Tax to be split equally between buyer and seller (50%/50%) 11. PROPERTY INCLUDED: All Fixtures and appliances (In Main Home Cooktop Gas, Dishwasher - Energy Star, Oven - Double Refrigerator, In Antique Home Range, Dishwasher, Refrigerator, Washer, Dryer) 12. In compliance with the requirements of RSA 477:4-a, the following information is provided to BUYER relative to Radon Gas and Lead Paint: RADON: Radon, the product of decay Of radioactive materials in rock may be found in some areas of New Hampshire. Radon gas may pass into a structure through the ground or through water from a deep well. Testing of the air by a professional certified in radon testing and testing of the water by an accredited laboratory can establish radon's presence and equipment is available to remove It from the air or water. Arsenic: Arsenic is a common groundwater contaminant in New Hampshire that Occurs at unhealthy levels in well water in many areas of the state. Tests are available 10 determine whether arsenic is present at unsafe levels, and equipment is available to remove it from water. The buyer is encouraged to consult the New Hampshire department of environmental services private well testing recommendations des.nh goy) to ensure a safe water supply if the subject property is served by a private well. LEAD: Before 1978. paint containing lead may have been used in structures. Exposure to lead from the presence of flaking, chalking, chipping lead paint or lead paint dust from friction surfaces, or from the disturbance of intact surfaces containing lead paint through unsafe renovation, repair or painting practices. or from soils in close proximity to the btilding, can present a serious health hazard, especially to yang children and pregnant wren. Lead may also be present in drinking water as a result of lead in service tines, plumbing and fixttres. TesM are available to determine whether lead is present ingint Or drinking water. Disclosure Required E! YES ONO 13. BUYER ACKNOWLEDGES PRIOR RECEIPT OF SELLER'S PROPERTY DISCLOSURE FORM AND SIGNIFIES le Cr BY INITIALING HERE: I I 14. INSPECTIONS: The BUYER is encouraged to seek information from licensed home inspectors and other professionals normally engaged in the business regarding any specific issue of concern. SELLER'S real estate FIRM makes no warranties or representations regarding the condition, permitted use or value of the SELLER'S real or personal property. This Agreement is contingent upon the following inspections, with results being satisfactory to the BUYER: TYPE OF INSPECTION: YES NO a. General Building 21 K b. Sewage Disposal 21 0 c. Water Quality WI 0 d. Radon Air Quality 0 0 e. Radon Water Quality 21 0 The use of days is intended to mean calendar days from the effective date of this Agreement. TIME IS OF THE ESSENCE in the observance of all deadlines set forth within this Paragraph 14. All inspections will be done by licensed home inspectors or other professionals normally engaged in the business, to be chosen and paid for by BUYER. If BUYER does not notify SELLER in writing that the results of an inspection are unsatisfactory within the time period set forth above, the contingency is waived by BUYER. If the results of any inspection specified herein reveal significant issues or defects, which were not previously disclosed to BUYER then: (a) BUYER shall have the option at BUYER'S sole discretion to terminate this Agreement and all deposits shall be returned to BUYER in accordance with NH RSA 331-A:13; or (b) If BUYER elects to notify SELLER in writing of the unsatisfactory condition(s) then: 1) SELLER and BUYER can reach agreement in writing on the method of repair or remedy of the unsatisfactory SELLER(S) INITIALS (it sj / condition(s); or RESULTS TO SELLER within 10 days within 10 days within 10 days within10 days within 10 days TYPE OF INSPECTION: f. Lead Paint g. Pests h. Hazardous Waste i. N/A NIA YES NO RESULTS TO SELLER • within N/A days ra 0 within 10 days • el within N/A days 0 within N/A days ln In within N/A days 40PME 02014 NEW KAIIPSHRE ASSOCIATK*10050AALORSO, INC. ALL RIGHTS RESERVED. FOR USER/PINAR REALTOR. BERBERS ON PAGE 2 OF 5 J BUYER(S) INITIALS / I I ALL OTHER USE PROHIBITED orals EFTA01268577 dotloop signature weaken/an: til ur PURCHASE AND SALES AGREEMENT New Hampshire Association of REALTORS,. Standard Form REALTOR* 7% 2) If SELLER Sects not to repair or remedy the unsatisfactory conditions(s) the BUYER may release the home inspection contingency and accept the property as is; or 3) If SELLER and BUYER cannot reach agreement in writing with respect to the method of repair and remedy of the unsatisfactory condition(s), then this Agreement is terminated and all deposits shall be returned to BUYER in accordance with NH RSA 331-A:13. Notification in writing of SELLERS intent to repair or remedy or not to repair or remedy pursuant to Section (b) above. shall be delivered to BUYER or their licensee within five (5) days of receipt by SELLER of notification of unsatisfactory condition(s). BUYER shall respond in writing to SELLERS notification within five (5) days. If BUYER does not respond within five (5) days, SELLER may elect to terminate this Agreement and all deposits shall be returned to BUYER In accordance with NH RSA 331-A:13. In the absence of inspection mentions above. BUYER is relying upon BUYERS own opinion as to the condition of the PROPERTY. BUYER HEREBY ELECTS TO WAIVE THE RIGHT TO ALL INSPECTIONS AND SIGNIFIES BY INITIALING HERE: 15. DUE DILIGENCE: This Agreement is contingent upon BUYER'S satisfactory review of the following: YES NO a. Restrictive Covenants of Record 0 0 b. Easements of Record/Deed 0 0 c. Park Rules and Regulations 0 0 d. Condominium documentation per N.H. RSA 356-B:58 e. Co-opiPUD/Association Documents 1. Availability of Properly/Casualty Insurance g. Availability and cost of Flood Insurance YES NO If such review is unsatisfactory, BUYER must notify SELLER in writing within 10 days from the effective date of the Agreement failing which such contingency shall lapse. 16. LIQUIDATED DAMAGES: If BUYER shall default in the performance of their obligation under this Agreement, the amount of the deposit may, at the option of SELLER, become the property of SELLER as reasonable liquidated damages. In the event of any dispute relative to the deposit monies held in escrow, the ESCROW AGENT may, in its sole discretion, pay said deposit monies into the Clerk of Court of proper Jurisdiction in an Action of Interpleader, providing each party with notice thereof at the address recited herein, and thereupon the ESCROW AGENT shall be discharged from its obligations as recited therein and each party to this Agreement shall thereafter hold the ESCROW AGENT harmless in such capacity. Both parties hereto agree that the ESCROW AGENT may deduct the cost of bringing such Interpleader action from the deposit monies held in escrow prior to the forwarding of same to the Clerk of such court. 17. PRIOR STATEMENTS: Any verbal representation, statements and agreements are not valid unless contained herein. This Agreement completely expresses the obligations of the parties. 18. FINANCING: This Agreement ( 0 is) ( RI is not) contingent upon BUYER obtaining financing under the following terms: AMOUNT TERM/YEARS RATE MORTGAGE TYPE Cash For the purposes of this Agreement, financing is to be demonstrated by a conditional loan commitment letter, which states that BUYER is creditworthy, has been approved and that the lender shall make the loan in a timely manner at the Closing on specified customary conditions for a loan of the type specified above. BUYER Is responsible to resolve all conditions included in the loan commitment by the Closing date. SELLER(S) INITIALS cciccp united 0 SOH NEW HAMPSHIRE ASSOCIATION OF REALTORS., INC. ALL RIGHTS RESERVED. EOR USE BY NHAR REALTOR.. MEMBERS ONLY. ALL OTHER USE PROHIBITED 07201$ PAGE 3 OF 5 BUYER(S) INITIALS EFTA01268578 dotloop signature verificaticD. PURCHASE AND SALES AGREEMENT New Hampshire Association of REALTORSs Standard Form 1 . cr REALTOR* The existence of conditions in the loan commitment will not extend either the Financing Deadline described below or the closing date. BUYER hereby authorizes, directs and instructs its lender to communicate the status of BUYER'S financing and the satisfaction of lender's specified conditions to SELLER and SELLER'S/BUYER'S real estate FIRM. TIME IS OF THE ESSENCE in the observance of all deadlines set forth within this financing contingency. BUYER agrees to act diligently and in good faith in obtaining such financing and shall, within N/A calendar days from the effective date, submit a complete and accurate application for mortgage financing to at least one financial institution currently providing such loans, requesting financing in the amount and on the terms provided in this Agreement. If BUYER provides written evidence of inability to obtain financing to SELLER by N/A ("Financing Deadline"), then: (a) This Agreement shall be null and void; and (b) All deposits will be returned to BUYER in accordance with the procedures required by the New Hampshire Real Estate Practice Act (N.H. RSA 331-A13) ("the Deposit Procedures"); and (c) The premises may be returned to the market. BUYER may choose to waive this financing contingency by notifying SELLER in writing by the Financing Deadline and this Agreement shall no longer be subject to financing. If, however: (a) BUYER does not make application within the number of days specified above: or (b) BUYER fails to provide written financing commitment or written evidence of inability to obtain financing to SELLER by the Financing Deadline, Then SELLER shall have the option of either (a) Declaring BUYER in default of this Agreement; or (b) Treating the financing contingency as having been waived by BUYER. If SELLER declares BUYER in default, in addition to the other remedies afforded under this Agreement: (a) SEI.I ER will be entitled to all deposits in accordance with the Deposit Procedures; and (b) This Agreement will be terminated; and (c) The premises may be returned to the market for sale. If SELLER opts to treat the financing contingency as waived or relies on a conditional loan commitment and BUYER subsequently does not close in a timely manner, SELLER can then declare BUYER in default. SELLER then, in addition to the other remedies afforded under this Agreement: (a) Will be entitled to all deposits in accordance with the Deposit Procedures; and (b) This Agreement will be terminated; and (c) The premises may be returned to the market for sale. BUYER shall be solely responsible to provide SELLER in a timely manner with written evidence of financing or lack of financing as described above. WIRE FRAUD ALERT. Sophisticated criminals are targeting the email accounts of real estate agents. title companies, settlement attorneys and others to generate fake wire transfer Instructions designed to divert dosing funds to the criminals. The emails are professionally created and look real Buyer and Seller should not send personal information such as social security numbers, bank account numbers or credit card numbers except through secure email or personal delivery of the information. Buyer and Seller are advised not to wire any funds wi hold personally speaking with the intended recipient of the wire to confirm the routing number and the account number Seller Buyer SR I FR(S) INITIALS BUYER(S) INITIAI.S o na UI *2014 NEW HAMPSHIRE ASSOCIATIMOMRIEWORSIA INC. ALL RIGHTS RES RVEO. FOR USE OF MIAR REALTORS, MEMBERS 0 Y. ALL OTHER USE PROHIBITED 07.2018 PAGE 4 OF S EFTA01268579 clotleop signature yelification: ,1, PURCHASE AND SALES AGREEMENT New Hampshire Association of REALTORSs Standard Form 19. ADDITIONAL PROVISIONS: Cr PEA- Ont See Attached Addendum 20. ADDENDA ATTACHED: 0. Yes fl No 21. EFFECTIVE DATE/NOTICE: Any notice, communication or document delivery requirements in this agreement may be satisfied by providing the required notice, communication or documentation to the party or their licensee. All notices and communications must be in writing to be binding except for withdrawals of offers or counteroffers. This Agreement is a binding contract when signed and all changes initialed by both BUYER and SELLER and when that fact has been communicated in writing which shall be the EFFECTIVE DATE. Licensee is authorized to fill In the EFFECTIVE DATE on Page 1 hereof. The use of days is intended to mean calendar days from the EFFECTIVE DATE of this Agreement. Deadlines In this Agreement, including all addenda, expressed as 'Within x days' shall be counted from the EFFECTIVE DATE, unless another starling date is expressly set forth, beginning with the first day after the EFFECTIVE DATE, or such other established starting date, and ending at 12:00 midnight Eastem Time on the last day counted. Unless expressly stated to the contrary, deadlines in this Agreement, including all addenda, expressed as a specific date shall end at 12:00 midnight Eastern Time on such date. Each party is to receive a fully executed copy of this Agreement. This Agreement shall be binding upon the heirs, executors, administrators and assigns of both parties. PRIOR TO EXECUTION, IF NOT FULLY UNDERSTOOD, PARTIES ARE ADVISED TO CONTACT AN ATTORNEY. &L/ /Wit/VA Geer I //24/ BUYER / DATE/TIM BUYER MAILING ADDRESS CITY STATE ZIP DATE/TIME MAILING ADDRESS CITY STATE ZIP SELLER accepts the offer and agrees to deliver the above-described PROPERTY at the price and upon the terms and conditions set forth. Caaityartini er:or.- cotes. untie° II/20/19 7-40 RV 'O7 8201.2D3Y.E11L.S/001 SELLER MAILING ADDRESS DATE/TIME SELLER CITY STATE ZIP DATE/TIME MAILING ADDRESS CITY STATE ZIP O2014 NEVI IIAMPSI0RE ASSOCIATION OF REALTORS'S, INC. ALL RIGHTS RESERVED. FOR USE RV NIUUI REALTOR& MEMBERS ONLY. ALL OTHER USE PROHIBITED 07201S PAGE 5 OF 5 EFTA01268580 dotloop signature weak/Rion: ADDENDUM TO THE PURCHASE AND SALES AGREEMENT New Hampshire Association of REALTORS° Standard Form Addendum to the Purchase and Sales Agreement dated 11/20/2019 , between Richard Yospin, Trustee of The Richard Yospin Family Trust dated December 28, 2012 , ("SELLER"), and Granite Reality, LLC the property located at , ("BUYER"), for hereby agree to the following: The buyer requests that the following personal property will remain with the real estate being conveyed: 1. CAT 426B Backhoe/Loader and its 10 ft wide plow 2. John Deere Gator 3. Ferris 151000 Mower 4. Ante Cat SSO Lightweight twin snow machine 5. Honda 4x4 ATV-Founrax 300 with hitch and trailer This Agreement is contingent upon the buyer's receipt and satisfactory review of a c mnlptpd Splint Prnnprtv Disclosure for the Antique 2 Bedroom Cape Cod Style with an attached barn located on the property at ' on or before S days from the effective date of this agreement. The buyer shall have 2 b IRCSS uays review MICE return um signed disclosure after receipt. If this contingency is not met on or before midnight S days from the effective date of this agreement, Buyer may terminate this agreement and Buyer shall be entitled to the return of all deposits paid. All seller proceeds will be in the form of a wire. All other aspects of the aforementioned Purchase and Sales Agreement shall remain in hill force and effect. EACH PARTY IS TO RECEIVE A FULLY EXECUTED DUPLICATE ORIGINAL OF THIS AGREEMENT. DATE /TIME DATE/TIME 01010,41V RANI NOIRE ASSOCIATION Or REALTORS...INC. Alt. RICHT% RESERVED. FOR tat RV NIIAR RFAITORT SIEMIIERS MTV. Al.1.01iint 1611 PitOiliniTrn EFTA01268581