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Home My WebLink About09-6758IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) : JOHN F. DESANTIS 304 Vesta Drive Dauphin, PA 17018 VS. Defendant(s) & Address(es) : TIMOTHY F. STRAUB 2602 Market St. Camp Hill, PA 17011 STRAUB & ASSOCIATES 157S.32 "d Street Camp Hill, PA 17011 CALVIN W. WILLIAMS, III 149 S. Locust Point Rd Mechanicsburg, PA 17055 U.S. BANK NATIONAL ASSOCIATION Registered Agent Address: 116 Pine St. Suite 320 Harrisburg, PA 17101 Case No. Q? I7Sk Civil Term Civil Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY"CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorney/Sheriff. (Please Circle choice) Date : ( p 9 b Signature of Attorney Print Name: --5-1i -j Address: 30 ?{ V r S?+a i?? Telephone #: -11 '7 - 3 tQ 5_4 If Tr- Supreme Court ID Number: 'C'?Xo ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) : JOHN F. DESANTIS 304 Vesta Drive Dauphin, PA 17018 VS. Defendant(s) & Address(es) TIMOTHY F. STRAUB 2602 Market St. Camp Hill, PA 17011 STRAUB & ASSOCIATES 157S.32 "d Street Camp Hill, PA 17011 CALVIN W. WILLIAMS, III 149 S. Locust Point Rd Mechanicsburg, PA 17055 U.S. BANK NATIONAL ASSOCIATION Registered Agent Address: 116 Pine St. Suite 320 Harrisburg, PA 17101 Case No. _ Civil Action Civil Term WRIT OF SUMMONS TO: TIMOTHY F. STRAUB; STRAUB & ASSOCIATES; CALVIN W. WILLIAMS III and U.S. BANK NATIONAL ASSOCIATION YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: i jl?- by ep" When recorded please return to: 111111111111 Milstead & Associates, LLC 220 Lake Drive East, Ste 301 Cherry Hill, New Jersey 08002 Loan #0326171584 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that Mortgage Electronic Registration Systems, Inc. existing under the laws of the State of Delaware, (Assignor), in consideration of the sum of $1.00 (One) Dollar(s) lawful money of the United States, to Assignor in hand paid by U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 MASTR Asset-Backed Securities Trust 2007-HEl Mortgage Pass-Through Certificates, Series 2007-HEl (Assignee) at or before the ensealing and delivery of these presents, the receipt whereby is hereby acknowledged, has granted, bargained, sold, assigned, transferred and set over, and by these presents does grant, bargain, sell, assign, transfer and set over unto the said Assignee a certain Indenture of Mortgage bearing the date of January 26, 2007 in the amount of $209,100.00 made by Timothy F. Straub and Calvin W. Williams, III and given to Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation. Said mortgage was recorded on March 12, 2007 under Mortgage Book 1984, Page 4128 in the public records of Cumberland County, Pennsylvania, upon the following described piece of parcel of land, to wit: Property more commonly known as: 2904 Market Street, Camp Hill, PA 17011 Parcel 01-21-0273-305 Together with the Note of obligation described in said Mortgage, and the money due and to become due thereon, with interest. TO HAVE AND TO HOLD the same unto the said Assignee and assigns forever. IN WITNESS WHEREOF, the said Assignor has caused these presents to be signed in its name on the _X day of p?.??wS? , 2009. My name is -,onyx 131painger . Iam aAssistant Secretary of Mortgage Electronic Registration Systems, Inc. I have under my custody and control the records relating to the mortgage transactions. 7onya B 1 e c h i n g g T Assistant secretary (00363100) '2009 12:15:42 PM CUMBERLAND COUNTY Inst.# 200929780 - Page 1 of ; . State of California County of Sacramento On AUG 1 1 2009 , before me, J. Cook, Notary Public, personally appeared Tonya Belchinger, who acknowledged herself/himself to be the Assistant Secretary of Mortgage Electronic Registration Systems Inc., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the.entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand official seal. '?• ># . C 0 0 K COMM. #I F0368S s s ; NOTA11 ?U?IIC CALIFORNIA N ` e SACRAMENTO CO.N Notary si ture E X P, DEC 4, 2 0 0 ,d 12:15:42 PM CUMBERLAND COUNTY Inst.# 200929780 - Page 2 of 07-07-'99 14:04 FROM- T-447 P0932/0034 F-493 swEDIJLE C Legal D n Commitwnt Number. SRW1142REF ALL THAT CERTAIN Piece of parcel of land Situato of the of CarnP HMI. Cumberland County. Pennsylvania, bounded and describad as follows, to wit BEGINNING at a point in the nortwh Ana of Market SWW one hurArad 1i<bl(150) Cast t comer of to Intersection of Market and North 300' Streets; thence northwad y along wiIsnods de now or labs of t octe tl easivraries H. Ward two ftrrruired (200) foot to a point In the southern ran of a Twenty (20) f thenc+# so Y ? Wong the southern line of saki Twenty (20) feet wide Alley fifty (50) feet[ to "a point lands now or Into of Frank H. Water two hundred (200) feet to a point in the northern Ana of Market Street; thence westward y along the northern lino of Market Street fifty (50) feet to a point. the place of BEGINNING. HAVING thereon erected a two and one-half story Wok dwdkV. with garage smaohsd, known as No. 29% Market Street. TOGETHER with ail right, title and Interest in and for the use of a prfvabe 4rbpow y e>merst g northy wdly from the northern ilne of Market Street 74 feet tf iohse at a width of 14 feet 3 Inches and enterldin0 thence northwardly 3o feet mom or less, at a width inersa*hV tram 14 test 3 Inches to 32 hW at the northern terminus thereof, aigrW by agreement recorded in the Cumberland county Reporders Office in Miscellaneous Book 73, Page 141. I Certify Ws to be recorded in CwnbCttand County PA P ec order of Reeds I'.1f.4?r.?.V n vy/.• 09/24/2009 12:15:42 PM CUMBERLAND COUNTY Inst.# 200929780 - Page 3 r I hereby certify that the precise address of the Assignor, Mortgage Electronic Registration Systems, Inc. is PO Box 2026, Flint, MI 48501. I hereby certify that the precise address of the Assignee, US Bank et al is 4837 Watt Avenue, Suite 100, No. Highlands, CA 95660. ame: T 6Zi Changer le.• tent Secretary (00363100) 09/24/2009 12:15:42 PM - CUMBERLAND COUNTY Inst.# 200929780 - Page 4 of 5 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 . 717-240-6370 Instrument Number - 200929780 Recorded On 8/25/2009 At 10:19:59 AM * Total Pages - 5 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 51038 User ID - RAK * Mortgagor - STRAUB, TIMOTHY F * Mortgagee - ASSET-BACKED SECURITIES TRUST 2007-HE1 MORTGAGE PASS-THROUGH CER * Customer - MILSTEAD ET AL ROD ARCHIVES FEE TOTAL PAID $37.00 * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 $3 00 I Certify this to be recorded in Cumberland County PA RECORDER O D DS t7so * - Information denoted by an asterisk may change during , the verification process and may not be reflected on this page. - -- _ _ --• Inst.# 200929780 - Pape 157S.32 d Street t Camp FUJI, PA 17011 X-IN 717-612-9901 Office ASS-O.CIAT- .ES 717-612-9654 Fax ACKNOWLEDGEMMNT IS HERE, BY GIVEN THAT THE FOLLOWING SERVICES WILL BE PROVIDED TO US AS BUYER CLIENTS PROCESSING FEE $295.00 (PAID AT SETTLEMENT) 1. Coordinate escrow period through post closing activities between involved agencies, attorneys, lenders, inspection companies, insurers and title activities. 2. Obtain status updates with all involved parties within escrow period. 3. Streamlining communications regarding loan applications. Helping to assist in removing outstanding commitment conditions. Coordinate the receipt and review of all inspections per lender and sales agreement. Including but not limited to pest inspection, home inspection, septic, water, lead & radon. Helping with the resolution of any problem inspection. All inspections need to be done in a timely manner per contract guidelines. 5. Providing necessary documentation with various title abstract companies during the escrow period. 6. Manage, assist and provide proper documentation regarding contingency removal and provide post-closing escrow documentation . 7. Establish time and place for the settlement and close of escrow (Le, notify all parties involved) 8. Management review of settlement sbeet and accompanying documents. This helps us to know that all monetary allowances are'in place as per the terms of the agreement of sale. 9. Assistance with all documentation at settlement including documentation regarding pre- settlement and post settlement leases. 10. Order and coordinate city inspections, township settlement sbeets, and ordering of any tax receipts due. 11. Coordinate post-closing activities. B -R BUYER THIS IS NOT A CONTRACT In an effort to enable consumers of real estate services to make informed decisions about the business relationships they may have with real estate brokers and salespersons (licensees), the Real Estate Licensing and Registration Act (REURA) requires that consumers be provided with this Notice at the initial interview. • Licensees may enter into the following agency relationships with consumers: Seller Agent As a seller agent the licensee and the licensee's company works exclusively for the seller/landlord and must act in the seller's/landlord's best interest, including making a continuous and good faith effort to find a buyer/tenant except while the property is subject to an existing agreement All confidential information relayed by the seller/landlord must be kept confidential except that a licensee must reveal known material defects about the property. A subagent has the same duties and obligations as the seller agent Buyer Agent As a buyer agent, the licensee and the licensee's company work exclusively for the buyer/tenant even if paid by the seller/landlord. The buyer agent must act in the buyer/tenant's best interest, including making a continuous and good faith effort to find a property for the buyer/tenant, except while the buyer is subject to an existing contract, and must keep all confidential information, other than known material defects about the property, confidential. Dual Agent As a dual agent, the licensee works for both the seller/landlord and the buyer/tenant A dual agent may not take any action that is adverse or detrimental to either party but must disclose known material defects about the property. A licensee must have the written consent of both parties before acting as a dual agent Designated Agent As a designated agent, the broker of the selected real estate company designates certain licensees within the company to act exclusively as the seller/landlord agent and other licensees within the company to act exclusively as the buyer/tenant agent in the transaction. Because the broker supervises all of the licensees, the broker automatically serves as a dual agent Each of the designated licensees are required to act in the applicable capacity explained previously. Additionally, the broker has the duty to take reasonable steps to assure that confidential information is not disclosed within the company. • In addition, a licensee may serve as a Transaction Licensee. A transaction licensee provides real estate services without having any agency relationship with a consumer. Although a transaction licensee has no duty of loyalty or confidentiality, a transaction licensee is prohibited from disclosing that: • The seller will accept a price less than the askingilisting price, • The buyer will pay a price greater than the price submitted in the written offer, and • The seller or buyer will agree to financing terms other than those offered. Like licensees in agency relationships, transaction licensees must disclose known material defects about the property. 12108 Straub & Associates 157 S. 32nd StreetCamp Hill, PA 17011 Phone: (717) 421 - 8259 Fax: (717) 612 - 9654 Tod Shedlosky devlin Produced with MpFom0 by zipLogbc 18070 Fdteen Mile Road, Fraser, Michigan 48026 www.zipLoc ix.corn • Regardless of the business relationship selected, all licensees owe consumers the duty to: • Exercise reasonable professional skill and care which meets the practice standards required by the RELRA. • Deal honestly and in good faith. • Present, as soon as practicable, all written offers, counteroffers, notices and communications to and from the parties. This duty may be waived by the seller where the seller's property is under contract and the waiver is in writing. • Comply with the Real Estate Seller Disclosure Law. • Account for escrow and deposit funds. • Disclose, as soon as practicable, all conflicts of interest and financial interests. • Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions. • Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise. • Keep the consumer informed about the transaction and the tasks to be completed. • Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair or inspection, at the time service is recommended or the first time the licensee learns that the service will be used. • The following contractual terms are negotiable between the licensee and the consumer and must be addressed in an agreement/disclosure statement: • The duration of the licensee's employment, listing agreement or contract. • The licensee's fees or commission. • The scope of the licensee's activities or practices. • The broker's cooperation with and sharing of fees with other brokers. • All sales agreements must contain the property's zoning classification except where the property is zoned solely or primarily to permit single family dwellings. • The Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658. Before you disclose any financial information to a licensee, be advised that unless you select a business relationship by signing a written agreement, the licensee is NOT representing you. A business relationship is NOT presumed. ACKNOWLEDGMENT I acknowledge that I have received this disclosure. Date: t '? aoha ?. %' zS . 4=? (Consumer's Printed Name) /Consumer's Signature) Date: (Consumer's Printed Name) (Consumer's Signature) I certify that I have provided this document to the above consumer during the initial interview. Date: (Licensee's Printed Name) (Licensee's Signature) (License #) Adopted by the State Real Estate Commission at 49 Pa. Code §35.336. Produced with ZipFonn®by zipL.ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com devlin NOTIFICATION TO BUYER OF A POTENTIAL SHORT SALE NSS This torn recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORSO (PAR). 1 PROPERTY 2904 Market Street. Caam Hill, BA 17011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 BUYER John F. Desantis DATE 1. The Property may be subject to a Short Sale. 2. A Short Sale is a transaction in which the seller's proceeds are less than the amount necessary to pay off liens secured by the property. Examples of such liens include, but are not limited to, mortgages, home equity lines of credit, tax claims, home- owners' association/condominium fees, and legal judgments. 3. A Short Sale may require the approval of one or more third parties, unlike a traditional transaction which only requires the approval of the buyer and seller. In a Short Sale, after the buyer and seller have agreed on the terms of the Agreement of Sale, the seller may need to request the approval of the lender(s) or other lien holder(s) ("Creditor(s)"). 4. In a potential Short Sale, Creditors can take an extended period to respond to a Short Sale request. In some cases, Creditors do not respond at all. Delays in Creditor approval can make it difficult to set a specific settlement date. 5. Creditors do not have an obligation to approve the terms of Buyer's offer to the seller. Creditors may add conditions or restric- tions in accepting the offer. Common examples may include refusing to pay Buyer's closing costs or refusing to allow the seller to pay for repairs requested by Buyer. A buyer and seller are under no obligation to accept these conditions or restric- tions from Creditors, although failure to accept them may result in termination of the Agreement. 6. Buyer should consider making Buyer's offer contingent upon approval by Creditors and should retain the right to terminate at a specified time in the Short Sale process. Buyer is advised that a seller may elect to consider additional offers from other buy- ers until Creditor approval is obtained. Buyer is advised to seek professional legal and financial advice before making a Short Sale offer. WITNESS BUYER «`y •"? _ DATE -T-hA F. Desantis WITNESS BUYER DATE 31 WITNESS BUYER DATE Pennsylvania Association of REALTORS` COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ os 08/08 Straub & Associates 157 S. 32nd StreetCamp Hill, PA 17011 Phone: (717) 421 - 8259 Fax: (717) 612 - 9654 Tod Shedlosky devlin Produced with MpForm® by ripLogix 18070 Fffteen We Road, Fraser, tdichigan 48026 www.ecLoatx.com SHORT SALE ADDENDUM TO AGREEMENT OF SALE SHS This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORSO (PAR). 1 PROPERTY 2904 Market Street, Camp Hill, PA 17011 2 SELLER Timothy Straub , Calvin Williams 3 BUYER John F. Desantis 4 DATE OF AGREEMENT October 4, 2009 5 6 1. This transaction is a potential Short Sale. 7 8 2. A Short Sale is a transaction in which Seller's proceeds are less than the amount necessary to pay off liens secured by the proper- 9 ty. Examples of such liens include, but are not limited to, mortgages, home equity lines of credit, tax claims, homeowners' asso- 10 ciation/condominium fees, and legal judgments. 11 12 3. The Agreement of Sale is contingent upon Seller obtaining approval of the terms and conditions of the Agreement of Sale by each 13 lender or other lien holder being asked to accept a payoff less than the full amount due ("Creditor(s)"). Buyer and Seller acknowl- 14 edge that it may take an extended period of time to obtain Creditor approval of a Short Sale. Seller makes no representations about 15 the response time of Creditors. 16 17 4. Seller will submit the executed Agreement of Sale and all required documentation (See Notice Regarding Seller Documentation) 18 to Creditors within 5 DAYS of execution of the Agreement of Sale. 19 20 5. If Creditors require a change in the terms or conditions relating to the transaction as a condition of approving the Agreement of 21 Sale, Seller will communicate these requirements to Buyer in writing within 5 DAYS of receiving the requirements from 22 Creditors. Buyer and Seller are not bound by any changes proposed by Creditors unless Buyer and Seller agree in writing to make 23 those changes. If either Buyer or Seller refuse to accept any changes required by Creditors as a condition of approving the 24 Agreement of Sale, Buyer or Seller may terminate the Agreement by written notice to the other party, with all deposit monies 25 returned to the Buyer according to the terms of the Agreement of Sale. 26 27 6. If Creditor approval of the Agreement of Sale has not been received by Buyer or Seller may terminate the 28 Agreement of Sale by written notice to the other party, with all deposit monies returned to the Buyer according to the terms of the 29 Agreement of Sale. 30 31 7. All other terms set forth in the Agreement of Sale, including inspection and contingency periods and all other time periods, 32 are as stated in the Agreement of Sale. 33 34 Buyer and Seller are advised to seek professional legal and financial advice before making a Short Sale offer. 35 36 WITNESS BUYER DATE John F. Desantis 37 WITNESS BUYER DATE 38 WITNESS BUYER DATE 39 WITNESS 40 WITNESS 41 WITNESS SELLER DATE Timothy Straub SELLER DATE Calvin Williams SELLER DATE Pennsylvania Association of REALTORS' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2008 08108 Straub & Associates 157 S. 32nd StreetCamp Hill, PA 17011 Phone: (717) 421 - 8259 Fax: (717) 612 - 9654 Tod Shedlosky devlin Produced with ZipFom* by zipLopix 18070 Fifteen We Road. Fraser. Michigan 48026 www,ziW ooix.com NOTICE REGARDING SELLER DOCUMENTATION Seller may be required to provide documentation to Creditors during the Short Sale process. Listed below are some items that may be requested during a Short Sale: Hardship Letter. A letter composed by the Seiler to explain the circumstances that led to the current financial situation. Hardship Proof: Documents supporting the circumstances laid out in the hardship letter, which may include layoff notification, medial bills, death certificate, or divorce or bankruptcy papers. Financial Statements: Documents stating monthly income and expenses. Bank Statements: Last two months' statements to show balances and verify that deposits and withdraws are consistent with the financial statements. Pay Stubs: The last 3 pay stubs to prove your current income or, if unemployed, a letter stating as much. Tax Returns: The first two pages of Seller's last two tax returns or, if returns were not filed, a letter stating as much. List of Repairs: Outline the costs required to bring the property to market value. Listing Agreement: Includes the fee that is expected to be paid to Seller's agent. Agreement of Sale: Complete offer for the property, accepted by Buyer and Seller. Net Sheet: Itemizes all closing costs and provides the amount the Creditors will receive at closing. A HUD-1 form may also be required at closing, which is normally provided by the title company or real estate attorney. MLS Printout: Copy of the MLS listing as proof that the property is on the market. NOTICE REGARDING MAINTENANCE AND REPAIR Buyer is advised that in a Short Sale, Creditors will often retain the right to approve all financial aspects of the transaction, including expenses for repairs or ongoing maintenance of the Property. Creditors may not approve seller expenditures for these purposes, and Seller's financial situation may not allow for these costs to be covered directly by Seller. Produced with ZpForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.oom devlin .a y O ? .fig. ? :: b ®? •°?' a c? 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N N N N N N N N N N M M M M t+1 M STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S-R This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS@ (PAR). SELLER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) Straub & Associates PHONE (717) 612-9901 ADDRESS 157 S. 32nd Street camp Hill, PA 17011 FAX LICENSEE(S) Tod Shedlosky Designated Agent? ? Yes ? No BROKER IS THE AGENT FOR SELLER. OR (if checked below): Broke Is NOT the Agent for Seller and is a/an: ? AGENT FOR BUYER ? TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) Straub & Associates PHONE (717) 612-9901 ADDRESS 157 S.32nd_ Street, Camp Hill, PA 17011 FAX LICENSEE(S) Designated Agent? ? Yes ? No BROKER IS THE AGENT FOR BUYER. OR (if checked below): Broker Is NOT the Agent for Buyer and b a/an: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent for Buyer, Broker b a Dual Agent. AB of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee Is a Dual Agent. 1 1. This Agreemen4datedOctober 4, 2009 Is between 2 SELLER(S): Timothy Straub , Calvin Williams 3 4 5 BUYER(S): John F. Desantis called "Seller," and 6 7 8 2. PROPERTY (9-05) Seller hereby agrees to sell and convey to Bayer, who hereby agrees to purchase; 9 ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as: 10 2904 Market Street 11 in the Town of C&SW Hill, PA 12 County of in the Commonwealth of Pennsylvania. Identification (e g., Tax ID #; Parcel #; 13 Lot, Block; Deed Book, Page, Recording Date): 14 3. TERMS (9-05) 15 (A) Purchase Price $174.900.00 16 One hundred seventy-four thousand nine h T•? 00/100 U.S.Dollars, 17 which will be paid to Seller by Buyer as follows: 18 1. Cash or check at signing this Agreement: $ 1,500.00 19 2. Cash or check within days of the execution of this Agreement: $ 20 3. 21 4. Cash or cashier's check at time of settlement: $ 22 $ 173,400.00 TOTAL$ 174.900 00 23 (B) Deposits paid by Buyer within 30 DAYS of settlement will be by cash or cashier's check. Deposits, regardless of the form of payment 24 and the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here), 25 who will retain 26 deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any 27 check tendered as deposit monies may be held uncashed pending the acceptance of this Agreement 28 (C) Seller's written approval to be on or before: 10/05/2009 29 (D) Settlement to be on October 30, 2009 , or before if Buyer and Seller agree. 30 (E) Settlement will occur to the county where the Property is located or in an adjacent county, during normal business hours, unless Buyer and 31 Seller agree otherwise. 32 (F) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 33 34 (G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 35 36 (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur- 37 rent taxes (see Information Regarding Real Estate Taxes); rents; interests on mortgage assumptions; condominium fees and homeowner asso- 38 ciation fees; water and/or sewer fees, together with any other lienable municipal service. All charges will be pro-rated for the period(s) cov- 39 ered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement, unless otherwise stated 40 here: X41 uyer Initials: JJ 1 O/5Jv1 A/S-R Page 1 of 17 fie- ?? r Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2005 r I Pennsylvania Association of REALTORS' 9/05 Straub & Associates 157 S. 32nd StreetCamp Hill. PA 17011 Phone: (717) 421 - 8259 Fax: (717) 612 - 9654 Tod Shedlosky Produced with Z PForn*by zipl.ogbc 18070 Fifteen We Road, Fraser. fufchlpan 48026 www.2jpLodx.com devlin it 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 4. FIXTURES & PERSONAL PROPERTY (9-05) (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fix- tures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; tele- vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time of set- tlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screenistorm door;; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the rangeloven unless otherwise stated Also included: y,/A f ? it -% ^,J +7 •^- Y? F (B) LEASED items (not owned by Seller): (C) EXCLUDED fixtures and items: 5. DATES/17ME IS OF THE ESSENCE (9-05) (A) The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence and are binding. (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was exe- cuted and including the last day of the time period The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed and dated. (C) The settlement date is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the parties. (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all parties. MORTGAGE CONTINGENCY (9-05) ? WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing. MX ELECTED. (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: First Mortgage on the Property Second Mortgage on the Property Loan Amount $ Loan Amount $ Minimum Term years Minimum Term years Type of mortgage Type of mortgage 62 63 6. 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Mortgage lender Interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of %. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding any mort- gage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan Mortgage lender Interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of %. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding any mort- gage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantee the interest rate(s) and fee(s) at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the mortgage lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to make the above mortgage terms available to Buyer. (B) Within days (10 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgage appli- cation for the mortgage terms stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage lender(s) to assist in the mortgage loan process. (C) Should Buyer furnish false or Incomplete information to Seller, Broker(s), or the mortgage lender(s) concerning Buyer's legal or financial status, or fail to cooperate in good faith in processing the mortgage loan application, which results in the mortgage lend refusing to approve a mortgage loan commitment, Buyer will be in default of this Agreement. lender(s) (D) 1. Mortgage commitment date: October 26, 2009 . If Seiler does not receive a copy of Buyer's mortgage commitment(s) by this date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement by written notice to Buyer. 2. Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 3. Seller may terminate this Agreement in writing after the mortgage commitment date, if the mortgage commitment(s): a. Is not valid until the date of settlement, OR b. Is conditioned upon the sale and settlement of any other property, OR c. Does not satisfy all the mortgage terms as stated in paragraph 6 (A), OR d. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage tender(s) within 7 DAYS after the mortgage commitment date in paragraph 6 (D) (1), other than those conditions that are customari- ly satisfied at or near settlement, such as obtaining insurance and confirming employment status. 4. If this Agreement is terminated pursuant to paragraphs 6 (D) (1) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies will be retuned to Buyer according to the terms of paragraph 30 and this Agreement will be VOID. Buyer will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and any costs incurred by Buyer for. (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fine insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 107 Buyer Initials: A/S-R Page 2 of 17 Seiler Initials: Revised 9/05 Produced with ZlpForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com devlin 108 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 (E) If the mortgage lender(s), or an insurer providing property and casualty insurance as required by the mortgage lender(s), requires repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within 5 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. 1. If Seller makes the required repairs to the satisfaction of the mortgage lender(s) or insurer, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. 2. If Seller will not make the required repairs, or if Seller fails to respond within the time given, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller, permission and access may not be unreasonably withheld by Seller, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. (F) Seller Assist ® NOT APPLICABLE ? APPLICABLE. Seller will pay: a $ , or % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s). FHA/VA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mort- gage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration Transactions, provides, "Whoever for the purpose of .. . influencing in any way the action of such Department, makes, passes, utters or publishes any statement, knowing the same to be false ... shall be fined under this title or imprisoned not more than two years, or both." (H) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement ® Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection." Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement Buyer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. (I) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parities in connection with this transaction is attached to this Agreement. 7. weaxvcx Ur' UUN 11NUENCIES (9-05) If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify Insurability, environmental conditions, boundaries, certifications, zoning classification or use, or any other information regarding the property, Buyer's failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. PROPERTY INSURANCE AVAILABILITY (9-05) ? WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may still obtain property and casualty insurance. Q ELECTED. Contingency Period DAYS (15 if not specified) from the Execution Date of this Agreement. Within the Contingency Period, Buyer will make application for property and casualty insurance for the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process, If Buyer cannot obtain property and casualty insurance for the Property on terms and conditions reasonably acceptable to Buyer, Buyer will, within the Contingency Period: (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR (B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR (C) Enter into a mutually acceptable written agreement with Seller. If Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE In paragraph 27 of this Agreement. INSPECTIONS (9-05) (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, and inspec- tors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably required by lender(s). Buyer may attend any inspections. y (B) Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision of this Agreement. (C) Seller will have heating and all utilities (including fuel(s)) on for all inspections. (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. (E) Seller has the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. 8. 9. 171 Buyer Initials: A/S-R Page 3 of 17 Seller Initials' Revised 9/05 Produced with ZPFomM by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.com devlin 172 10. INSPECTION CONTINGENCY OPTIONS (9-05) 173 The inspection contingencies elected by Buyer in paragraphs I1-15 are controlled by the Options set forth below. The time periods stated in 174 these Options will apply to all inspection contingencies in paragraphs 1 I-15 unless otherwise stated in this Agreement. 175 Option 1. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 176 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 177 2. If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to Seller, with all deposit 178 monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR 179 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any 180 credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 181 If Buyer and Seller do not reach a written agreement during the specified Contingency Period, and Buyer does not terminate this 182 Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 183 27 of this Agreement. 184 Option 2. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 185 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 186 2. If Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seller with a Written Corrective Proposal 187 ("Proposal') listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a prop- 188 erly licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, and 189 a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with 190 mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or by 191 a contractor selected by Buyer. 192 a. Within days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: 193 (1) Satisfy the terms of Buyer's Proposal, OR 194 (2) Credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal, as acceptable to the mortgage lender(s), if any, OR 195 (3) Not satisfy the tams of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal. 196 b. If Seiler agrees to satisfy the terms of Buyer's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property 197 and agrees to the RELEASE in paragraph 27 of this Agreement. 198 c. If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails 199 to choose any option within the time given, Buyer will, within days (5 if not specified): 200 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 201 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 202 graph 30 of this Agreement, OR 203 (3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or 204 any credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 205 U Buyer and Seller do not reach a written agreement during the time specified in Option 2, 2. c., and Buyer does not ter- 206 minate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the 207 RELEASE in paragraph 27 of this Agreement. 208 11. PROPERTY INSPECTION CONTINGENCY (94)5) (See Property and Environmental Inspection Notices) 209 Buyer understands that property inspections, certifications and/or investigations can be performed by professional contractors, home inspectors, 210 engineers, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural compo- 211 nents; roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; 212 electrical, plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fungi, indoor air quality, asbestos, under- 213 ground storage tanks, etc.); electromagnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; 214 and any other items Buyer may select Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation 215 restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for 216 inspections, certifications and/or investigations that are not waived or altered by Buyer's election here. 217 ? WAIVED. Buyer has the option to conduct property inspections, certifications and/or investigations. Buyer WAIVES THIS OPTION and 218 agrees to the RELEASE in paragraph 27 of this Agreement 219 ® ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement 220 (A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations completed by proper- 221 ly licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as defined in the Pennsylvania Home 222 Inspection Law (see Information Regarding the Home Inspection Law), the home inspection must be performed by a full member in good stand- 223 ing of a national home inspection association or a person supervised by a full member of a national home inspection association, in accordance 224 with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer, or a 225 properly licensed or registered architect This contingency does not apply to the following existing conditions and/or items: 226 227 228 (B) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 229 lowing Options as listed in paragraph 10 within the Contingency Period: 230 x? Option 1 231 ? Option 2 For the purposes of Paragraph 11 only, Buyer agrees to accept the Property with the results of any report(s) and agrees to 232 the RELEASE in paragraph 27 of this Agreement if the total cost to correct the conditions stated in the report(s) is less than 233 $ ($0 if not specified) (the "Deductible Amount'). Otherwise, all provisions of paragraph 10, Option 2, shalt 234 apply, except that Seller will be deemed to have satisfied the terms of Buyer's Proposal if Seller agrees to perform corrections 235 or offer credits such that the cumulative cost of any uncorrected or uncredited condition(s) is equal to the Deductible Amount 236 Buyer Initials: A/S-R Page 4 of 17 Revised 9/05 Produced with ZpForrrO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.com Seller Initials: devlin 237 12. WOOD INFESTATION INSPECTION CONTINGENCY (9-05) 238 ? WAIVED. Buyer has the option to have the Property inspected for wood infestation b an inspector 239 cide applicator. BUYER WAIVES THIS OPTION and a y pector certified as a wood destroying pests pesti_ 240 Q ELECTED. Contingency 8? to the RELEASE in paragraph 27 of this Agreement. days (15 if not specified) from the Execution Date of this Agreement. 241 (A) Within the Contingency Period, Buyer, at Buyer's expense, may obtain a written "Wood-Destroying Insect Infestation Inspection Report" 242 from an inspector wed as a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings pro- 243 vided by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, 244 and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection is to be limited to all readily visible and accessible areas 245 of all strictures on the Property except fences and the following structures, which will not be inspected: 246 247 (B) If the inspection reveals active infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, 248 destroying pests pesticide applicator to treat the Property, obtain a Proposal from awood- 249 (C) If the inspection reveals damage from active or previous infestation(s). Buyer, at Buyer's expense, may within the Contingency Period, obtain 250 a written report from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused 251 by wood-destroying organisms and a Proposal to repair and/or treat the Property. 252 (D) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 253 lowing Options as listed in paragraph 10 within the Contingency Period: 254 ® Option 1 255 ? Option 2 256 13. STATUS OF RADON (9-05) (see Information Regarding Radon) 257 (A) Seller has no knowledge concerning the presence or absence of radon unless checked below: 258 ? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the 259 results of all tests indicated below: 260 DATE TYPE OF TEST RESULTS (picoCuries/liter or working levels) 261 262 263 ? 2. Seller has knowledge that the Property underwent radon reduction measures on the der 264 DATE te(s) and by the method(s) indicated below: RADON REDUCTION METHOD 265 266 267 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this A 268 EITHER THE METHODS OR RESULTS OF THE TESTS. greement SELLER DOES NOT WARRANT 269 (B) RADON INSPECTION CONTINGENCY 270 ? WAIVED. Buyer has the option to have the Property inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and 271 agrees to the RELEASE in paragraph 27 of this Agreement. 272 ® ELECTED. Contingency Period days (15 if not specked) from the Execution Date of this A 273 Within the Contingency Period, Buyer, at Buyer's ex t. pence, may obtain a radon test of the Property from om a a certified inspector. If Seller 274 performs any radon remediation, Sella will provide Buyer a certification that the remediation was performed by a properly licensed and 275 certified radon mitigation company. 276 1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuries/liter 4 277 Property and agrees to the RELEASE in paragraph 27 of this Agreement. 2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer will 279 proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 280 ,Option 1 281 ? Option 2 282 14. STATUS OF WATER (9-05) 283 (A) Seller represents that the Property is served by: 284 ® Public Water 285 ? On-site Water 286 ? Community Water 287 ? None 288 [] 289 (B) WATER SERVICE INSPECTION CONTINGENCY 290 ® WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES 291 THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 292 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 293 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water 294 system from a properly licensed or otherwise qualified watertwell testin co 295 2. If required by the inspection company, Sella, at Seller's expense, will locate and provide access to the on-site (or individual) wale system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement 297 3. If Buyer is not satisfied with the condition of the water system as stated in the written inspection report(s), Buyer will proceed under 298 one of the following Options as listed in paragraph 10 within the Contingency Period: 299 ? Option 1 300 ? Option 2 301 Buyer Initials: A/S-R Page 5 of 17 Revised 9/05 Produced with ZipFomM by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoafx.com Seller Initials: devlin 302 15. STATUS OF SEWER (9-05) 303 (A) Seller represents that the Property is served by: 304 ® Public Sewer 305 ? Individual On-lot Sewage Disposal System (see Sewage Notice 1) 306 ? Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) 307 ? Community Sewage Disposal System 308 ? Ten-Acre Permit Exemption (see Sewage Notice 2) 309 ? Holding Tank (see Sewage Notice 3) 310 ? None (see Sewage Notice 1) 311 O None Available/Permit Limitations in Effect (see Sewage Notice 5) 312 313 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 314 ?x WAIVED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system for the Property. BUYER 315 WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 316 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 317 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal sys- 318 tem from a qualified, professional inspector. 319 2. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to and empty the individual on- 320 lot sewage disposal system. Seller will also restore the Property, at Seller's expense, prior to settlement. 321 3. If the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage dispos- 322 al system, Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 323 ? Option 1 324 ? Option 2 325 4. If the inspection report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may 326 within 25 DAYS of receiving the inspection report, submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal 327 will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment, includ- 328 ing retests; and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no 329 Proposal is provided within the time given, Buyer will notify Seller in writing of Buyer's choice to: 330 a. Agree to the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of 331 this Agreement, OR 332 b. Terminate this Agreement by written notice to Sella, with all deposit monies returned to Buyer according to the terms of para- 333 graph 30 of this Agreement. 334 c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if required by 335 any mortgage lender and/or any governmental authority, correct the defects before settlement or within the time required by the 336 mortgage lender and/or governmental authority, at Buyer's sole expense, and with permission and access to the Property given by 337 Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to cor- 338 rest the defects, Buyer may, within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all 339 deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 340 16. HOME WARRANTIES (9-05) 341 At or before settlement, either party may have the opportunity to purchase a home warranty for the Property from a third-party vendor. Buyer and 342 Seller understand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- 343 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that 344 Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the 345 home warranty may possibly receive a fee paid by the home warranty company. 346 17. ZONING CLASSIFICATION & VERIFICATION OF USE CONTINGENCY (9-05) 347 (A) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable) is 348 zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if voided, any deposits 349 tendered by the Buyer will be returned to the Buyer without any requirement for court action. 350 zoninguasmcation: Residential /Commercial 351 (B) Contingency Period: days (7 if not specified) from the Execution Date of this Agreement 352 Within the Contingency Period, Buyer, at Buyer's expense, may verify that the present use ( ) 353 of the Property is permitted In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written 354 notice that the present use of the Property is not permitted and that Buyer will: 355 1. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 356 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 357 this Agreement. 358 If Buyer fails to respond within the Contingency Period or does not terminate this Agreement by written notice to Seller within that 359 time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 360 18. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (9-05) 361 (A) Seller represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner association assessments 362 have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon Seller 363 or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncor- 364 rectted, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain uncorrected, unless otherwise 365 specified here: 366 (B) Seller knows of no other potential notices (including violations) and/or assessments except as follows: 367 368 Buyer Initials: A/S-R Page 6 of 17 Revised 9/05 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com Seller Initials: devlin 369 (C) In the event any notices (including violations) and/or assessments are received after Seller has signed this Agreement and before settlement, 370 Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within 5 DAYS of receiving the 371 notices and/or assessments that Seller will: 372 1. Fully comply with the notices and/or assessments at Seller's expense before settlement If Seller fully complies with the notices and/or 373 assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 374 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the 375 time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS that Buyer will: 376 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of 377 this Agreement, OR 378 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 379 30 of this Agreement. 380 If Buyer fails to respond within the time stated in paragraph 18 (C) (2) or fails to terminate this Agreement by written notice to 381 Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 382 (D) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 days prior to settlement, Seiler 383 will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations of zon- 384 ing, housing, building, safety or fine ordinances and/or a certificate permitting occupancy of the Property. If Buyer receives a notice of any 385 required repairsrmprovements, Buyer will promptly deliver a copy of the notice to Seller. 386 1. Within 5 DAYS of receiving notice from the municipality that repairshmprovements are required, Seller will notify Buyer in writ- 387 ing that Seller will: 388 a. Make the required repairstimprovements to the satisfaction of the municipality. If Seller makes the required repairs/improvements, 389 Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement, OR 390 b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will notify 391 Seller in writing within 5 DAYS that Buyer will: 392 (1) Make the repairshmprovements at Buyer;s expense, with permission and access to the Property given by Seller, which will not 393 be unreasonably withheld, OR 394 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 395 graph 30 of this Agreement. 396 H Buyer fails to respond within the time stated in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice 397 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, and Buyer 398 accepts the responsibility to perform the repairs/improvements according to the terms of the notice provided by the municipality. 399 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before settlement to make 400 the required repairs/improvements, Buyer may, within 5 DAYS, terminate this Agreement by written notice to Seller, with all deposit 401 monies returned to Buyer according to the tarns of paragraph 30 of this Agreement. 402 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in paragraph 18 (D), Seller will 403 perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 18 (D) (3) will survive settlement. 404 (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 405 19. TITTLE, SURVEYS & COSTS (9-05) 406 (A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, free 407 and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions; historic preservation 408 restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and 409 privileges or rights of public service companies, if any. 410 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 411 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and 412 charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 413 (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal description of the 414 Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage 415 lender will be obtained and paid for by Buyer. 416 (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as speci- 417 fred in paragraph 19 (A), Buyer will: 418 1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of this 419 Agreement, OR 420 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 421 this Agreement Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained 422 according to the tams of this Agreement, and for those items specified in paragraph 19 (B) items (1), (2), (3) and in paragraph 19 (C). 423 (E) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Information 424 Regarding Recreational Cabins): 425 20. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (9-05) 426 ? NOT APPLICABLE 427 ? APPLICABLE: CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. §3407 of the 428 Uniform Condominium Act of Pennsylvania (see Information Regarding Condominiums and Planned Communities) requires Seller to furnish 429 Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and regu- 430 lations of the association. 431 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by 432 the Uniform Planned Community AM (see Information Regarding Condominiums and Planned Communities). §5407(a) of the Act requires 433 Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules and regulations of the association, and 434 a Certificate containing the provisions set forth in §5407(a) of the Act. 435 Buyer Initials: A/S-R Page 7 of 17 Seller Initials. Revised 9/05 Produced with ZpFom * by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com devlin 436 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 437 (A) Within 15 DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a Certificate of 438 Resale and any other documents necessary to enable Seller to comply with the relevant Act The Act provides that the association is required to 439 provide these documents within 10 days of Seller's request 440 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure of 441 the association to provide the Certficate in a timely manner, nor is Seller liable to Buyer for any incorrect information provided by the associ- 442 ation in the Certificate. 443 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for 5 days 444 after receipt, OR until settlement, whichever occurs fast Buyer's notice to Seller must be in writing; upon Buyer declaring this Agreement void, 445 all deposit monies will be returned to Buyer according to the terms of paragraph 30 of this Agreement 446 (D) If the association has the right to buy the Property (right of fast refusal), and the association exercises that right, Seller will reimburse Buyer for 447 any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, and any costs incurred by Buyer 448 for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with 449 extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 450 21. MAINTENANCE & RISK OF LOSS (9-05) 451 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal 452 wear and tear excepted. 453 (B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: 454 l . Repair or replace the failed system or appliance before settlement, OR 455 2. Provide prompt written notice to Buyer of Seller's decision to: 456 a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender(s), if any, OR 457 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system 458 or appliance. 459 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti- 460 fy Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before settlement, whichever is earlier, that Buyer 461 win: 462 a. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 463 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 464 30 of this Agreement 465 (C) Seller bears the risk of loss from fire or other casualties until settlement If any property included in this sale is destroyed and not replaced, Buyer will: 466 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 467 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 468 this Agreement 469 22. COAL NOTICE (Where Applicable) 470 THIS DOCUMENT MAY NOT SELL.. CONVEY, TRANSFER, INCLUDE OR INSURE THE 717IE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND 471 DESCRIBED OR REERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLEM LEGAL RIGHT TO REMOVE ALL SUCH COAL AND 472 IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This 473 notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the 474 right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage 475 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose 476 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees 477 to sign the deed from Seller which deed will contain the aforesaid provision. 478 23. POSSESSION (9-05) 479 (A) Possession is to be delivered by deed, keys and: 480 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time settlement, AND/OR 481 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is leased at 482 the execution of this Agreement, unless otherwise stated in this Agreement 483 (B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. 484 (C) Seller will not enter into any new leases, extensions of existing leases or additional leases for the Property without the written consent of Buyer. 485 24. RECORDING (9-05) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. 486 If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement 487 25. ASSIGNMENT (9-05) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent 488 assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless other- 489 wise stated in this Agreement 490 26. GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-05) 491 (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws of the 492 Commonwealth of Pennsylvania. 493 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party 494 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 495 27. RELEASE (9-05) 496 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or 497 PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and 498 all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether 499 known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or 500 indoor air quality, environmental hazards, any defects In the individual on-lot sewage disposal system or deficiencies in the on-site water 501 service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, or in violation of 502 any seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under 503 law or equity. This release will survive settlement 504 Buyer Initials: A/S-R Page 8 of 17 Seller Initials: Revised 9/05 Produced with ZipFom-41) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwzloLoaix.com devlin 505 28. REPRESENTATIONS (9-05) 506 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employ- 507 ees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the 508 whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral 509 or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing 510 executed by the parties. 511 (B) Unless otherwise stated in this Agreement,. Buyer has inspected the Property (including fixtures and any personal property specifically 512 listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN ITS PRESENT 513 CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent exam- 514 ination or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, 515 the permitted uses or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of 516 any of the systems contained therein. 517 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 518 (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 519 29. DEFAULT (9-05) 520 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 521 1. Fail to make any additional payments as specified in paragraph 3, OR 522 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 523 financial status, OR 524 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 525 (B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies: 526 1. On account of purchase price, OR 527 2. As monies to be applied to Seller's damages, OR 528 3. As liquidated damages for such breach. 529 (CASELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 530 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller 531 are released from further liability or obligation and this Agreement is VOID. 532 30. TERMINATION & RETURN OF DEPOSITS (94)5) 533 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price 534 will be returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies accord- 535 ing to the terms of a fully executed written agreement between Buyer and Seiler and as permitted by the Rules and Regulations of the State Real 536 Estate Commission 537 (B) If there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine if a breach occurred or which party is enti- 538 tled to deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to 539 retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies accord- 540 ing to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree that, if any broker or affiliated licensee is 541 joined in litigation regarding deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 542 31. REAL ESTATE RECOVERY FUND (9-05) 543 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee 544 owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal 545 and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (out- 546 side Pennsylvania). 547 32. MEDIATION (9-05) 548 (A) Unless otherwise checked in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation 549 in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through 550 mediation and signed by the parties will be binding (see Information Regarding Mediation). 551 (B) Buyer and Seller have rived, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. 552 (C) Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 553 (D) ? MEDIATION IS WAWED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise, 554 but that there will be no obligation for any party to do so. 555 33. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1978) (9-05) 556 Lead-Based Paint Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any seller of prop- 557 erty built before 1978 to provide the buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in 558 Your Home and to disclose to the buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the 559 property being sold, along with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted sur- 560 faces. Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller regarding lead-based paint 561 and/or lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. 562 Before a buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer 563 and seller agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead- 564 based paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abate- 565 ment is required of the seller. Housing built in 1978 or later is not subject to the Act. 566 567 568 569 570 571 572 Buyer Initials: ? NOT APPLICABLE Property was built in 1978 or later. ® APPLICABLE. Property was built before 1978. Broker must attach the Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (PAR Form LPA) or another acceptable form with the information required by the Act, and provide Buyer the pamphlet Proted Your Family from Lead in Your Home. Buyer(s) must initial below that they have received both documents: -? Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of this Agreement). -11N. Protect Your Family from Lead in Your Home A/S-R Page 9 of 17 Seiler Initials: Revised 9/05 Produced with ZipFom4 by zipLogix 18070 Flfteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com deviin 573 34. SPECIAL CLAUSES (1-02) 574 (A) The following are part of this Agreement if checked: 575 ? Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 576 Contingency Addendum (PAR Form SSP) ? Tenant-Occupied Property Addendum (PAR Form TOP) 577 ? Sale & Settlement of Other Property Contingency ? 578 with Right to Continue Marketing ? 579 Addendum (PAR Form SSP-CM) ? 580 (B) 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 599 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction, are advised to consult 600 an attorney before signing U they desire legal advice. 601 Return by facsimile transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes 602 acceptance by the parties. 603 ® Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. 604 ® Buyer has received a statement of Bayer's estimated dosing costs before signing this Agreement. 605 ® Buyer has read and understands the notices and explanatory information in this Agreement. 606 ® Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding 607 the Real Estate Seller Disclosure Law). 608 ® Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this 609 Agreement. 610 BUYER'S MAILING ADDRESS: 611 612 WITNESS 613 WITNESS 614 WITNESS DATE DATE DATE 615 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. 616 Seller has received a statement of Seller's estimated dosing costs before signing this Agreement. 617 Seller has read and understands the notices and explanatory Information in this Agreement. 618 SELLER'S MAILING ADDRESS: 619 620 WITNESS 621 WITNESS 622 WITNESS BUYER - _,__??4ohn F. Desantis BUYER BUYER SELLER DATE Timothy Straub SELLER DATE Calvin Williams SELLER DATE A/S-R Page 10 of 17 Revised 9/05 Produced with ZlpFormO by zipl.ogix 18070 Fften Mile Road, Fraser, Michigan 48026 www.ziot-ooix.com devlin COMMUNICATIONS WITH BUYER AND/OR SELLER Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satisfied by communication/delivery to the Broker for Buyer, if any. If there is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made directly to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows communication/delivery to a Seller, that provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is no Broker for Seller, those provisions may be satisfied only by communication/delivery being made directly to the Seller, unless otherwise agreed to by the parties. NOTICE REGARDING CONVICTED SEX OFFENDERS (MEGAN'S LAW) The Pennsylvania General Assembly has passed legislation (often referred to as "Megan's Law," 42 Pa.C.S. § 9791 et. seq.) providing for community notification of the presence of certain convicted sex offenders. Buyers are encouraged to contact the municipal police department or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property, or to check the information on the Pennsylvania State Police Web site at www.pameganslawstate.pa.us. INFORMATION REGARDING REAL ESTATE TAXES (Paragraph 3: Terms) Real Estate Tax Proration: For purposes of prorating real estate taxes, the "periods covered" by the tax bills are as follows: Municipal Taxes: For all counties and municipalities in Pennsylvania, tax bills are for the period January 1 to December 31. School Taxes: For all school districts, other than the Philadelphia, Pittsburgh and Scranton school districts, the period covered by the tax bill is July I to June 30. For the Philadelphia, Pittsburgh and Scranton school districts, tax bills are for the period January 1 to December 31. Real Estate Assessment Notice: In Pennsylvania, taxing authorities (school districts and municipalities) and property owners may appeal the assessed value of a property at the time of sale, or at any time thereafter. A successful appeal by a taxing authority may result in a higher assessed value for the property and an increase in property taxes. Also, periodic county-wide property reassessments may change the assessed value of the property and result in a change in property tax. NOTICE TO BUYERS SEEKING MORTGAGE FINANCING (Paragraph 6: Mortgage Contingency) The appraised value of the Property is used in determining the maximum amount of the loan and may be different from the purchase price and/or market value. Buyer Initials A/S-R Page 11 of 17 Seller Initials Revised 9/05 Produced with ZpFom* by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.com devlin PROPERTY& ENVIRONMENTAL INSPECTION NOTICES (Paragraph 11: Property Inspection Contingency) Flood Plains: If the Property is located in a flood plain, Buyer may be required to carry additional insurance. Property Boundary / Square Footage: Seller has not had the Property surveyed. Any fences, hedges, walls and other natural or constructed barriers may or may not represent the true boundary lines of the Property. Any numerical representations of square footage of the structure(s) and/or lot size are approximations only and may be inaccurate. If Buyer wishes to verify the Property's boundaries or square footage, Buyer is advised to engage a professional surveyor or obtain an independent measurement of the structure(s) and/or lot size. Water Service: Buyer may elect to have the water service inspected by a professional water/well testing company. In addition, on-site water service systems may have to meet certain quality and/or quantity requirements set by the municipality or the mortgage lender. Wood-Destroying Insect Infestation: Insects whose primary source of food is wood, such as termites, wood-boring beetles, carpenter ants, carpenter bees and certain other insects, can cause damage to the wood structure of a residence. Termite and Pest Control companies are available to inspect to determine whether wood-destroying insects are present. Because of the way these insects function, damage to wood may be hidden. Careful selection should be made of skilled experts in the termitelpest control field to insure proper determination of whether wood-boring insects or resultant damage is present. Exterior Insulation and Finish Systems (EIFS): Exterior Insulation and Finish Systems-sometimes referred to as synthetic stucco-are multi-layered wall systems applied to the exterior of some homes. Poor or improper installation of EIFS may result in moisture penetrating the surface of a structure where it may cause damage to the building's frame. Leakage most frequently occurs near doors and windows, gutters, the roof connection and at the lowermost edge of the exterior surface. Vulnerability to leakage depends on structure design as well as the expertise and application skills of the contractor. Damage caused by water intrusion may be both extensive and expensive to repair but may go undetected in the absence of an adequate inspection. Buyers purchasing homes with EIFS construction may seek to engage an inspector experienced in testing for EIFS-related problems who can determine the moisture content of the building's frame. Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction. The physical properties that give asbestos its resistance to heat and decay are linked with several adverse health effects. Asbestos can easily break into microscopic fibers that remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is known to cause Asbestosis and various forms of cancer. Inquiries or requests for more information about asbestos can be directed to the U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, D.C. 20460, and/or the Department of Health, Commonwealth of Pennsylvania, Division of Environmental Health, Harrisburg, PA 17120. Electromagnetic Fields: Electromagnetic Fields (EMFs) occur around all electrical appliances and power lines. Conclusive evidence that EMFs pose health risks does not exist at present, and Pennsylvania has no laws regarding this issue. Environmental Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances, the use and disposal of which are restricted by law. Generally, if hazardous substances are found on a property, it is the property owner's responsibility to dispose of them properly. For more information and a list of hazardous substances, contact the U.S. Environmental Protection Agency Region 3, 1650 Arch Street (3PM52), Philadelphia, PA 19103-20029,(800) 438-2474. Wetlands: Wetlands are protected by the federal and state governments. Buyer may wish to hire an environmental engineer to investigate whether the Property is located in a wetlands area to determine if permits for plans to build, improve or develop the property would be affected or denied because of its location in a wetlands area Mold, Fungi and Indoor Air Quality: Indoor mold contamination and the inhalation of bioaerosols (bacteria, mold spores, pollen and viruses) have been associated with allergic responses including upper respiratory congestion, cough, mucous membrane irritation, fever, chills, muscle ache or other transient inflammation or allergy. Claims have been asserted that exposure to mold contamination and bioaerosols has led to serious infection, immunosuppression and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the presence and scope of indoor contamination. Because individuals may be affected differently, or not affected at all, by the presence of mold or other bioaerosols, Buyer may wish to engage the services of a qualified professional to undertake an assessment and/or sampling of the Property. Assessments and samplings for the presence of mold and bioaerosols can be performed by qualified industrial hygienists, engineers, laboratories and home inspection companies that offer these services. Information about indoor air quality issues is available through the U.S. Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-7133, 1-800-438-4318. Buyer Initials A/S-R Page 12 of 17 Seller Initials Revised 9/05 Produced with ZipFom* by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com deviin INFORMATION REGARDING THE HOME INSPECTION LAW 68 Pa. C.S.A. §7501, et. seq. (Paragraph 11: Property Inspection Contingency) Applicability: The Home Inspection Law applies to "residential real estate transfers," defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. (See Information Regarding The Real Estate Seller Disclosure Law (exceptions 1-8) for a list of exceptions to this general rule.) The following definitions are taken from the text of the Home Inspection Law Home Inspection: A noninvasive, visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components, and performed for a fee in connection with or preparation for a proposed or possible residential real estate transfer. The term also includes any consultation regarding the property that is represented to be a home inspection or that is described by any confusingly similar term. The term does not include an examination of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its roof. The term also does not include an examination that is limited to inspection for, or of, one or more of the following: wood-destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards. The scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded from inspection may be defined by a contract between the home inspector and the client. Home inspection report: A written report on the results of a home inspection. A home inspection report shall include: (1) A description of the scope of the inspection, including without limitation an identification of the structural elements, systems and sub-systems covered by the report. (2) A description of any material defects noted during the inspection, along with any recommendation that certain experts be retained to determine the extent of the defects and any corrective action that should be taken. A "material defect" that poses an unreasonable risk to people on the property shall be conspicuously identified as such. A home inspector shall not express either orally or in writing an estimate of the cost to repair any defect found during a home inspection, except that such an estimate may be included in a home inspection report i£ (1) the report identifies the source of the estimate; (2) the estimate is stated as a range of costs; and (3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type of repair involved. Seller shall have the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. Home inspector: An individual who performs a home inspection. National home inspectors association: Any national association of home inspectors that: (1) Is operated on a not-for-profit basis and is not operated as a franchise. (2) Has members in more than ten states. (3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection. (4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing condition of membership. A buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home inspector is a full member in good standing of a national home inspection association. Material defect: A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect. INFORMATION REGARDING RADON (Paragraph 13: Status of Radon) Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indicate that extended exposure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space, including basements and crawl spaces and can permeate a structure. The U.S. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon is at or exceeds 0.02 working levels or 4 picoCuries/liter (4pCi/L). If a house has a radon problem, it usually can be cured by increased ventilation and/or by preventing radon entry. Any person who tests, mitigates or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information about radon and about certified testing or mitigation fines is available through Department of Environmental Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594. Buyer Initials A/S-R Page 13 of 17 Seller Initials Revised 9/05 Produced with ZpForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Looix.com devlin SEWAGE NOTICES (Paragraph 15: Status of Sewer) NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for construction, alter, repair or occupy any building or structure for which an individual sewage system is to be installed, without first obtaining a permit. Buyer is advised by this notice that, before signing this Agreement, Buyer should contact the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system. The local agency charged with administering the Act will be the municipality where the Property is located or that municipality working cooperatively with others. NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. (Section 7 provides that a permit may not be required before installing, constructing, awarding a contract for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987). Buyer is advised that soils and site testing were not conducted and that, should the system malfunction, the owner of the Property or properties serviced by the system at the time of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as a result. NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining the tank from the date of its installation or December 14, 1995, whichever is later. NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code §73.13 pertaining to minimum horizontal isolation distances provide guidance. Subsection (b) of §73.13 states that the minimum horizontal isolation distance between an individual water supply or water supply system suction line and treatment tanks shall be 50 feet. Subsection (c) of §73.13 states that the horizontal isolation distance between the individual water supply or water supply system suction line and the perimeter of the absorption area shall be 100 feet. NOTICE 5: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER. Buyer Initials A/S-R Page 14 of 17 Seller Initials Revised 9/05 Produced with ZipFomnS by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zbLouix.com devlin INFORMATION REGARDING RECREATIONAL CABINS (Paragraph 19: Title, Surveys & Costs) The following definitions and requirements are taken from the Pennsylvania Construction Code Act (35 P.S. §7210.101 et. seq.) A Recreational Cabin is a structure which is: (1) Utilized principally for recreational activity; (2) Not utilized as a domicile or residence for any individual for any time period; (3) Not utilized for commercial purposes; (4) Not greater than two stories in height, excluding basement; (5) Not utilized by the owner or any other person as a place of employment; (6) Not a mailing address for bills and correspondence; and (7) Not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration. A recreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act if: (1) The cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters; and (2) The owner of the cabin files with the municipality either. (a) An affidavit on a form prescribed by the Pennsylvania Department of Labor and Industry attesting to the fact that the cabin meets the definition of a "recreational cabin" in Section 103 of the Act; or (b) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the definition of a "recreational cabin" as defined in Section 103 of the Act. If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code. Act, upon transfer of ownership of the recreational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin: (1) Is exempt from this Act; (2) May not be in conformance with the uniform construction code; and (3) Is not subject to municipal regulation. Failure to comply with this notice requirement shall render the sale voidable at the option of the purchaser. INFORMATION REGARDING CONDOMINIUMS AND PLANNED COMMUNITIES (Paragraph 20: Condominium/Planned Community (Homeowner Association) Resale Notice) Definition of a Condominium The Uniform Condominium Act defines a "condominium" as real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Definition of a Planned Community The Uniform Planned Community Act defines a "planned community" as real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and a condominium, but a cooperative or condominium may be part of a planned community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes non-residential campground communities. Exemptions from the Uniform Planned Community Act and the Uniform Condominium Act: When a Certificate of Resale Is Not Required The owner of a property located within a planned community is not required to fumish the buyer with a certificate of resale under the following circumstances: (1) The Planned Community/Condominium contains no more than 12 units, provided there is no possibility of adding real estate or subdividing units to increase the size of the planned community or condominium. (2) The Planned Community/Condominium is one in which all of the units are restricted exclusively to non-residential use, unless the declaration provides that the resale provisions are nevertheless to be followed. (3) The Planned Community/Condominium or units are located outside the Commonwealth of Pennsylvania. (4) The transfer of the unit is a gratuitous transfer. (5) The transfer of the unit is required by court order. (6) The transfer of the unit is by the government or a governmental agency. (7) The transfer of the unit is the result of foreclosure or in lieu of foreclosure. Notices Regarding Public Offering Statements and Right to Rescission If Seller is a Declarant of the condominium or planned community, Seller is required to furnish Buyer with a copy of the Public Offering Statement and its amendments. For condominiums, the delivery of the Public Offering Statement must be made no later than the date the buyer executes this Agreement. Buyer may cancel this Agreement within 15 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement. Buyer may cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. Buyer Initials A/S-R Page 15 of 17 Seller Initials Revised 9/05 Produced with ZipForn* by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zloLoaix.oom devlin LEAD WARNING STATEMENT (FOR PROPERTIES BUILT BEFORE 1978) (Paragraph 33: Residential Lead-Based Paint Hazard Reduction Act Notice) Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW (Page 10: Signature Page) The Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential real estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by the law. A residential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. The Law defines a number of exceptions where the disclosures do not have to be made: 1. Transfers that are the result of a court order. 2. Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosure sales that result from default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a spouse or direct descendant. 5. Transfers between spouses that result from divorce, legal separation or property settlement. 6. Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation. 7. Transfer of a property to be demolished or converted to non-residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust. 10. Transfers of new construction that has never been occupied when: a. The buyer has received a one-year warranty covering the construction; b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; and c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of condominium and cooperative interests. Buyer Initials A/S-R Page 16 of 17 Revised 9/05 Produced with ZtpForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 Seller Initials www.zipLooix.com devlin INFORMATION REGARDING MEDIATION (Paragraph 32: Mediation) DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES 1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum to an agreement of sale, or through a separate written agreement. 2. Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) to the local Association of REALTORS® (hereafter "Administrator'). The Transmittal Form should be available through the Administrator's office. The initiating party should try to include the following information when sending the completed Transmittal Form to the Administrator a. A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other parties to the dispute to invite them to join the mediation process. b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company known to have received notice of the dispute or claim and the corresponding file or claim number. c. A brief statement of the facts of the dispute and the damages or relief sought. 3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a copy of the Transmittal Form and a list of qualified mediators and their fee schedules. Each party then has ten days to review the list of mediators, cross off the name of any mediator to whom the party objects, and return the list to the Administrator. The Administrator will appoint the first available mediator who is acceptable to all parties involved. A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mediator to that dispute, unless all parties are informed and give their written consent. 4. Mediation Fees Mediation fees will be divided equally among the parties and will be paid before the mediation conference. The parties will follow the payment terms contained in the mediator's fee schedule. 5. Time and Place of Mediation Conference Within ten days of being appointed to the dispute, the mediator will contact the parties and set the date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all parties. The mediation conference should not be more than sixty days from the mediator's appointment to the dispute. 6. Conduct of Mediation Conference The parties attending the mediation conference will be expected to: a. Have the authority to enter into and sign a binding settlement to the dispute. b. Produce all information required for the mediator to understand the issues of the dispute. The information may include relevant written materials, descriptions of witnesses and the content of their testimony. The mediator can require the parties to deliver written materials and information before the date of the mediation conference. The mediator presiding over the conference: a. Will impartially conduct an orderly settlement negotiation. b. Will help the parties define the matters in dispute and reach a mutually agreeable solution. c. Will have no authority to render an opinion, to bind the parties to his or her decision, or to force the parties to reach a settlement. Formal rules of evidence will not apply to the mediation conference. 7. Representation by Counsel Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and the other parties of the intent at least ten days before the conference. 8. Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This includes, but is not limited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the course of the mediation; any proposals or opinions expressed by the mediator, and any responses given by any party to opinions, suggestions, or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either in the course of the mediation or in any confidential communication. 9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written agreement at the end of the conference. 10. Judicial Proceedings and Immunity NEITHER THE ADMINISTRATOR. THE MEDIATOR THE NATIONAL ASSOCIATION OF REALTORS®, THE PENNSYLVANIA ASSOCIATION OF REALTORS®, NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO MEDIATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM. Buyer Initials A/S-R Page 17 of 17 Seller Initials Revised 9/05 Produced with ZiipFomS by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com devtin RESIDENTIAL LEAD-BASED PAINT HAZARDS DISCLOSURE AND INSPECTION CONTINGENCY LPA ADDENDUM TO AGREEMENT OF SALE Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. LEAD-BASED PAINT HAZARDS DISCLOSURE AND INSPECTION CONTINGENCY ON PAGE TWO Bayer Initials: LPA Page 1 of 2 Seller Initials: Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2005 REALTORSe pEMTOR° nnv.k.r.r¦wEerNlnr?yn.rw 9/05 Straub & Associates 157 S. 32nd StreetCamp Hill, PA 17011 Phone: (717) 421 - 8259 Fax: (717) 612 - 9654 Tod Shedlosky devlin Produced with ZpForm® by zipLogix 18o7o Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.oom PROPERTY 2904 Market Street, Camp Hill, PA 17011 SELLER Timothy Straub , Calvin Williams BUYER John F. Desantis DATE OF AGREEMENT October 4, 2009 1. SELLER'S DISCLOSURE Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the Property, unless checked below. ? Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for determining that lead-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other available information concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.) 2. SELLER'S RECORDS/REPORTS Seller has no records or reports pertaining to lead-based paint and/or lead-based paint hazards in or about the Property, unless checked below. ? Seller has provided Buyer with all available records and reports regarding lead-based paint and/or lead-based paint hazards in or about the Property. (List documents): 3. BUYER'S ACKNOWLEDGMENT Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read the Lead Warning Statement on the front of this form. Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards in paragraph 1 and has received the records and reports regarding lead-based paint and/or lead-based paint hazards identified in paragraph 2. 4. LEAD-BASED PAINT ASSESSMENTANSPECTION CONTINGENCY Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has 10 DAYS (unless otherwise negotiated) to conduct a risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. ? WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment and/or inspection of the Property to determine the presence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the terms of the RELEASE paragraph of this Agreement. ? ELECTED. Contingency Period: 10 days from the Execution Date of this Agreement. (A) Within the Contingency Period, Buyer, at Buyer's expense, may choose to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based paint hazards. (B) Within the Contingency Period, Buyer may deliver to Seller a written list of the specific hazardous conditions cited in the report and those corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. (C) Seller may, within 7 DAYS of receiving the list and report(s), submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal will include, but not be limited to, the corrections to be performed, the name of the remediation company and a projected completion date for corrective measures. Seller will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed on or before the projected completion date. (D) If Seller submits a Proposal, Buyer will, within 5 DAYS: 1. Accept the Proposal and the Property in writing, and agree to the terms of the RELEASE paragraph of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of the TERMINATION & RETURN OF DEPOSITS paragraph of this Agreement. (E) If Seller does not submit a Proposal within the time set forth in paragraph (C) above, Buyer will, within 5 DAYS: 1. Accept the Property in writing, with the information stated in the report(s) and agree to the terms of the RELEASE paragraph of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of the TERMINATION & RETURN OF DEPOSITS paragraph of this Agreement. If Buyer fails to exercise any of Buyer's options or to terminate this Agreement within any of the time periods stated in this paragraph, Buyer will accept the Property and agree to the terms of the RELEASE paragraph of this Agreement. 5. BROKERS'/LICENSEES' CERTIFICATIONS The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their knowledge and belief. The Licensees involved in this transaction have informed Seller of Seller's obligations under the Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. §4852(d), and are aware of their responsibility to ensure compliance. 6. BUYER/SELLER CERTIFICATION By signing this Addendum, Buyer and Seller certify the accuracy of their respective statements, to the best of their knowledge. WITNESS BUYS C-) DATE l0 5 °) Doha Desaatis WITNESS BUYER DATE WITNESS WITNESS BUYER DATE SELLER DATE Timothy Straub SELLER DATE Calvin Williams WITNESS SELLER DATE BROKER FOR SELLER (Company Name) Straub & Associates ACCEPTED BY DATE BROKER FOR BUYER (Company Name) Straub & Associates ACCEPTED BY DATE LPA Page 2 of 2 Produced with ZipFomS by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com devlin OS ALED--{ter =iuE nF TH= NOTARY 2009 OCT -9 PM 1: 4 5 C, ?UNTY rn1r ISI(t At,II1 fiw. 4?? - 0 ol DIf4r, 1/-? oosb 11-T I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR LIS PENDENS Plaintiff(s) & Address(es) : JOHN F. DESANTIS 304 Vesta Drive Dauphin, PA 17018 Case No. 6V' U 715i Civil Term Civil Action VS. Defendant(s) & Address(es) : TIMOTHY F. STRAUB 2602 Market St. Camp Hill, PA 17011 STRAUB & ASSOCIATES 157S.32 nd Street Camp Hill, PA 17011 CALVIN W. WILLIAMS, III 149 S Locust Point Rd Mechanicsburg, PA 17055 U.S. BANK NATIONAL ASSOCIATION Registered Agent Address: 116 Pine St. Suite 320 Harrisburg, PA 17101 PRAECIPE FOR LIS PENDENS TO THE PROTHONOTARY: Please enter the above as a Lis Pendens against premises commonly known and referred to as: 2904 Market Street Camp Hill, PA 17011 Parcel Lot No. 01-21-0273-305 With mortgage as recorded on March 12, 2007 under Mortgage Book 1984, Page 4128 thereafter assigned to Mortgage Electronic Registration Systems and/or U.S. Bank National Association on or about the 11th of August 2009. Said property commonly known and referred to as 2904 Market Street situate in the Borough of Camp Hill, Cumberland County as BOUNDED AND DESCRIBED: BEGINNING at a point in the northern line of Market Street one hundred fifty (150) feet east of the northeast corner of the intersection of Market and North 30th Streets; thence northwardly along lands now or late of Charles H. Ward two hundred (200) feet to a point in the southern line of a Twenty (20) feet wide Alley; thence eastwardly along the southern line of said Twenty (20) feet wide Alley fifty (50) feet to a point; thence southwardly along lands now or late of Frank H. Walker two hundred (200) feet to a point in the northern line of Market Street; thence westwardly along the northern line of Market Street; fifty (50) feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story brick dwelling, with garage attached, known as No. 2904 Market Street. TOGETHER with all right, title and interest in and for the use of a private driveway extending northwardly from the northern line of Market Street 74 feet 6 inches at a width of 14 feet 3 inches and extending thence northwardly 30 feet more or less, at a width increasing from 14 feet 3 inches to 32 feet at the northern terminus thereof, signed by agreement recorded in the Cumberland County Recorder's Office in Miscellaneous Book 73, Page 141. I certify that this action is the subject of a proceeding which purchasers of the described real property should have constructive notice. Date : I o Signature of Attorney Print Name: ?? _06- .? w^+d^ 5 Address: 3011 s+? t Telephone #: -3 11 S-?f Supreme Court ID Number: 1 • nc THE PFCNIHI NOTARY 2009 OC T -9 PM I : 41 ly PIE N 45YLVA''J!A PQ -A /y o M D ?fiNd NO yj # a73/l9gl Sheriff s Office of Cumberland County R Thomas Kline Sheriff ~~y~~~l" 4t ~a~rai+f~~i~~ Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ~''`` ~` ~~~'~~~~ Edward L Schorpp Solicitor FL~C~-~~ ~~r~r;/'~ ('~V 1 I I` 2u~~ C~ - 1 ~~ P~4 3~ 07 ~: ~~~ C~ Yt - . ~,;`; John DeSantis vs. Timothy Straub SHERIFF'S RETURN OF SERVICE Case Number 2009-6758 10/12/2009 12:00 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1200 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Calvin W. Williams, III, by making known unto himself personally, at 157 S. 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/12/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1000 hours this Writ of Summons upon defendant Timothy Straub is returned not served per request from attorney John DeSantis. 10/12/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1000 hours this Writ of Summons upon defendant Straub & Associates is returned not served per request from attorney John DeSantis. SHERIFF COST: $73.94 SO ANSWER ~, October 12, 2009 R THOMAS KLINE, SHERIFF ti.. nJL Deputy She 'f i"~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) JOHN F. DESANTIS Case No. 09 - 6758 Civil Term 304 Vesta Drive Dauphin, PA 17018 vs. Defendant(s) & Address(es) TIMOTHY F. STRAUB 2602 Market St. Camp Hill, PA 17011 STRAUB & ASSOCIATES 157 S. 32"d Street Camp Hill, PA 17011 CALVIN W. WILLIAMS, III 149 S Locust Point Rd Mechanicsburg, PA 17055 U.S. BANK NATIONAL ASSOCIATION Registered Agent Address: 116 Pine St. Suite 320 Harrisburg, PA 17101 PRAECIPE TO DISCONTINUE & STRIKE LIS PENDENS TO THE PROTHONOTARY: Pursuant to Rule 229 of the Pennsylvania Rules of Civil Procedure please DISCONTINUE the above captioned matter and STRIKE the Lis Pendens. ~~.P ~~~- BY: John F. DeSantis (pro se) ' 304 Vesta Dr. Dauphin, PA 17018 717-319-5448 CERTIFICATE OF SERVICE p~ I, JOHN F. DESANTIS, hereby certify that on this 1 day of November, 2009, I served copies of the Praecipe to Discontinue & Strike Lis Pendens on the following parties by way of first class mail, postage prepaid, U.S. Postal Service: TIMOTHY F. STRAUB 2602 Market St. Camp Hill, PA 17011 STRAUB & ASSOCIATES 157 S. 32"d Street Camp Hill, PA 17011 CALVIN W. WILLIAMS, III 149 S Locust Point Rd Mechanicsburg, PA 17055 U.S. BANK NATIONAL ASSOCIATION Registered Agent Address: 116 Pine St. Suite 320 Harrisburg, PA 17101 ct D E SI NATURE fyl~ 1._,. ~' ~'y ., .. ~,~~ Y ZCD9 t~~'~ -9 "~~i I i