Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04-18-13 (2)
rrrrrJ 1505610140 REV-1500 EX (01-10) OFFICIAL USE ONLY PA Department of Revenue Bureau of Individual Taxes County Code Year File Number PO BOX 280601 INHERITANCE TAX RETURN 2 1 1 2 0 5 6 8 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW 0 5 0 6 2 0 1 2 0 9 2 1 1 9 2 3 Decedent's Last Name Suffix Decedent's First Name MI C 0 R T Y H 0 0 B E R G (If Applicable)Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ❑X 1.Original Return 2.Supplemental Return 3. Remainder Return(date of death prior to 12-13-82) 4. Limited Estate 4a. Future Interest Compromise(date of 5. Federal Estate Tax Return Required death after 12-12-82) © 6. Decedent Died Testate 7. Decedent Maintained a Living Trust 8.Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) 9. Litigation Proceeds Received 10.Spousal Poverty Credit(date of death 11.Election to tax under Sec.9113(A) between 12-31-91 and 1-1-95) (Attach Sch.O) CORRESPONDENT-THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INRMt TION SH I9@ BE EDSED TO: Name Daytime�el one Num�fr 1"" n C H R I S T A M A P L I N 7 1 n&-34 16 5 c 0 rn GINtERbF WEn US Q o 5 ~' c 3 First line of address c_ J A N L B R O W N 8 A S S 0 C Second line of address 8 4 5 S I R T H O M A S C T S T E 1 2 City or Post Office State ZIP Code DATE FILED H A R R I S B U R G P A 1 7 1 0 9 Correspondent's e-mail address: CHRISTAJLB(fDVERIZON.NET Under penalties of pedury,I declare that I have examined this return,including a=mpanying schedules and statements,and to the best of my knowledge and belief, it is true,comi anjilroomplete.Declaration of prepa ther than the personal representative is based on all information of which preparer has any knowledge. SIGNATU RSON O E FOR F I G RE DATE 4/17/2013 ADDRESS 1027 VA ST ENOLA PA 17025 S UR OFPREPA ERVIHER TH N!� REPRESENTATIVE DATE Ua� 4/17/2013 ADAD SE��' 845 SIR THOMAS CT STE 12 HARRISBURG PA 17109 PLEASE USE ORIGINAL FORM ONLY Side 1 1505610140 1505610140 J J 1505610240 REV-1500 EX RECAPITULATION 1. Real Estate(Schedule A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 1 0 7 5 0 0 , 0 0 2. Stocks and Bonds(Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3. Closely Held Corporation,Partnership or Sole-Proprietorship(Schedule C) . . . . . 3. 4. Mortgages and Notes Receivable(Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E). . . . . . . 5. 2 0 7 7 7 • 6 3 6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested . . . . . . . 6. 7. Inter-Vivos Transfers&Miscellaneous N -Probate Property (Schedule G) Separate Billing Requested . . . . . . . 7. 8. Total Gross Assets(total Lines 1 through 7) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 1 2 8 2 7 7 , 6 3 9. Funeral Expenses and Administrative Costs(Schedule H) . . . . . . . .. . . . . . . . . . 9. 2 4 3 5 5 . 0 3 10. Debts of Decedent,Mortgage Liabilities,and Liens Schedule I 10. 1 7 7 4 7 • 8 3 11. Total Deductions(total Lines 9 and 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 4 2 1 0 2 . 8 6 12. Net Value of Estate(Line 8 minus Line 11) .. . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 8 6 1 7 4 . 7 7 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made(Schedule J) .. . . . . . . . . . . . . . . . . . . . . 13. 14. Net Value Subject to Tax(Line 12 minus Line 13) . . . . . . .. . . . . . . . . . . . . . . 14. 8 6 1 7 4 . 7 7 TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate,or transfers under Sec.9116 (a)(1.2)X.0 _ 0 . 0 0 15. 0 . 0 0 16. Amount of Line 14 taxable at lineal rate X.0_ 0 . 0 0 16. 0 . 0 0 17. Amount of Line 14 taxable at sibling rate X.12 0 . 0 0 17. 0 . 0 0 18. Amount of Line 14 taxable at collateral rate x.15 8 6 1 7 4 . 7 7 18. 1 2 9 2 6 . 2 2 19. TAX DUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 19. 1 2 9 2 6 • 2 2 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ❑ Side 2 L 1505610240 1505610240 J REV-1500 EX Page 3 File Number Decedent's Complete Address: 21 12 0568 DECEDENT'S NAME HOOBER G. CORTY STREET ADDRESS 1053 Oyster Mill Road East Pennsboro Tovvnsh>� CITY STATE ZIP Camp Hill PA 17011 Tax Payments and Credits: 1. Tax Due(Page 2,Line 19) (1) 12,926.22 2. Credits/Payments A.Prior Payments B.Discount Total Credits(A+B) (2) 0.00 3. Interest (3) 74.19 4. If Line 2 is greater than Line 1 +Line 3,enter the difference.This is the OVERPAYMENT. Fill in oval on Page 2,Line 20 to request a refund. (4) 0.00 5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 13,000.41 Make check payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ...................................................................... ❑❑ IZI b. retain the right to designate who shall use the property transferred or its income; ............................ a retain a reversionary interest;or ................................................................................................ ❑ ❑X d. receive the promise for life of either payments,benefits or care? ....................................................... ❑ ❑X 2. If death occurred after December 12,1982,did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................... ❑ ❑X 3. Did decedent own an"in trust for'or payable-upon-death bank account or security at his or her death? ......... ❑ 4. Did decedent own an individual retirement account,annuity or other non-probate property,which contains a beneficiary designat ion?.................................................................................................. ❑ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. w For dates of death on or after July 1, 1994,and before Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse 3 percent[72 P.S.§9116(a)(1.1)(i)]. For dates of death on or after Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S.§9116(a)(1.1)(ii)].The statute does not exempt a transfer to a surviving spouse from tax,and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent,an adoptive parent or a stepparent of the child is 0 percent[72 P.S.§9116(a)(1.2)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent,except as noted in 72 P.S.§9116(1.2)[72 P.S.§9116(x)(1)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent[72 P.S.§9116(a)(1.3)].A sibling is defined,unde Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption. REV-1502 EX+(01-10) pennsylvania SCHEDULE A DEPARTMENT OF REVENUE REAL ESTATE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: HOOBER G. CORTY 21 12 0568 All real property owned solely or as a tenant in common must be reported at fair market value.Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller,neither being compelled to buy or sell,both having reasonable knowledge of the relevant facts. Real property that Is jointly-owned with right of survivorshlp must be disclosed on Schedule F. Attach a copy of the settlement sheet if the property has been sold. ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. VALUE AT DATE NUMBER OF DEATH DESCRIPTION 1 1053 Oyster Mill Rd, East Pennsboro Twp, Cumberland Co, Property ID 09-17-1040-020 107,500.00 Agreement for the Sale of Real Estate dated 3/20/13 is attached. Purchase price$111,500 less Seller Assist of$4,000 = $107,500 TOTAL(Also enter on Line 1,Recapitulation.) E 107 500.00 If more space is needed,use additional sheets of paper of the same size. REV-1508 EX-(11-10) pennsylvania SCHEDULE E DEPARTMENT OF REVENUE CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RESIDENT DECEDENT RETURN PERSONAL PROPERTY ESTATE OF: FILE NUMBER: HOOBER G. CORTY 21 12 0568 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. M&T Bank Checking 24144096 8,097.44 2 M&T Bank Savings 15004221636052 8,400.00 3 Emeritus at Creekview; overpayment refund 3,119.00 4 PA Municipal Retirement System; final payment 279.10 5 Quantum Imaging &Therapeutic Associates Inc; patient refund 26.09 6 US Treasury; 2012 1040 refund 856.00 TOTAL(Also enter on Line 5,Recapitulation) $ 20 777.63 If more space is needed,insert additional sheets of paper of the same size REV-1511 Ex-(10-09) pennsylvania SCHEDULE H DEPARTMENT OF REVENUE FUNERAL EXPENSES AND INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER HOOBER G. CORTY 21 12 0568 Decedenfs debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERALEXPENSES: 1. Richardson Funeral Home 7,502.82 2 Holy Cross Cemetery 1,315.00 3 Memorial inscription 150.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: Name(s)of Personal Representetve(s) Street Address City State ZIP Years)Commission Paid: 2, Attorney Fees: Jan L Brown &Associates 7,000.00 3. Family Exemption:(if decedents address is not the same as claimants,attach explanation.) Claimant Street Address City State ZIP Relationship of Claimant to Decedent 4. Probate Fees: Register of Wills, Cumberland County 353.50 6 Accountant Fees: Parks& Company 550.00 6. Tax Return Preparer Fees: 7. Cumberland Law Journal; legal advertising 75.00 8 The Patriot-News; legal advertising 162.03 Adm expenses incurred to preserve/liquidate/transfer real estate: 9 Chester Yeager; landscape 1,080.00 10 East Pennsboro; sewer/trash 427.80 11 FM Oppel; oil 2,077.61 12 PPL Electric Utilities 221.02 13 Real Estate Tax- East Pennsboro Area School District 1,768.38 14 Real Estate Tax- Cumberland Co and East Pennsboro Twp 520.87 15 Recorder of Deeds, Cumberland County; filing fees 133.00 16 Selective; flood insurance 566.00 17 Westfield Insurance; homeowners insurance 452.00 TOTAL(Also enter on Line 9,Recapitulation) E 24 355.03 If more space is needed,use additional sheets of paper of the same size. REV-1512 EX-(12-08) pennsylvania SCHEDULE I DEPARTMENT OF REVENUE DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES, & LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER HOOBER G. CORTY 21 12 0568 Report debts Incurred by the decedent prior to death that remained unpaid at the date of death,Including unrelmbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. AD&D insurance premium; auto pay from M&T Bank Ckg 24144096 7.14 2 Chester Yeager; Check 8876 written predeath, cashed postdeath 120.00 3 Emeritus at Creekview; Check 8877 written predeath, cashed postdeath 3,970.00 4 Omnicare Pharmacy Services Of Eastern PA 599.57 5 PA Municipal Retirement System; federal tax withheld 55.82 6 Veterans Administration; Rx 135.00 7 West Shore EMS-ALS 540.34 8 West Shore Pathology 165.00 9 M&T Bank Home Equity Line of Credit*4998; payments May 2012-Feb 2013 599.46 secured by 1053 Oyster Mill Rd, East Pennsboro Twp, Cumberland Co 10 M&T Bank Home Equity Line of Credit"4998; payoff 11,555.50 secured by 1053 Oyster Mill Rd, East Pennsboro Twp, Cumberland Co TOTAL(Also enter on Line 10,Recapitulation) E 17 747.83 If more space is needed,insert additional sheets of the same size. REV-1513 EX.(01-10) pennsylvania SCHEDULE J DEPARTMENT OF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: HOOBER G. CORTY 21 12 0568 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not Llst Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS (Include outrphlspousal distributions and transfers under Sec.9116(a)(1.2).] 1. Mark E Shutt, nephew Collateral 1027 Valley St, Enola, PA 17025 100% residue ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE. II. NON-TAXABLE DISTRIBUTIONS: A.SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: 1. B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: i. TOTAL OF PART II-ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $ If more space is needed,use additional sheets of paper of the same size. LAST WILL AND TESTAMENT n OF HOOBER CORTY - c, - �> :n I,HOOBER CORTY,of Cumberland County,Pennsylvania,declare this to be my Last Will and Testament. I revoke all other Wills and Codicils that I may have previously made. Article I My just debts and expenses of my last illness, funeral,and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article II All inheritance,estate,and succession taxes(including interest and penalties thereon,but not including any generation skipping tax)payable by reason of my death on any property or interest in property, including taxes assessed on jointly held assets and nonprobate assets,shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. The tax shall be paid and allocated from my residuary estate before my residuary estate is divided into shares for my residuary beneficiaries. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. Article III I give, devise and bequeath in accordance with any memorandum which I have either handwritten or signed,located with my Will or with my valuable papers and found within 30 days of the probate of my Will. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. Article IV All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath to my nephew, MARK E. SHUTT, of Cumberland County, Pennsylvania. In the event that MARK E. SHUTT predeceases me or fails to survive me by thirty (30) days, I give, devise and bequeath the remainder of my estate, of whatsoever nature and wheresoever situate according to the following: A. all my guns to my nephew, MICHAEL C. CRONIN, of Milton, Delaware, per stirpes; and B. all the rest,residue and remainder of my estate IN EQUAL SHARES to my nephew, MICHAEL C.CRONIN,of Milton,Delaware,and to my nephew,GARY SHUTT,of Cumberland County, Pennsylvania, or the survivor. Article V Except as otherwise provided in this Will,I have intentionally failed to provide for any other persons or relatives, whether claiming to be an heir and/or relative of mine or not. Insofar as I have failed to provide in this Will for any of my relatives,and/or issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. - 2 - Article VI If any person(s)or entity(ies) singularly or in conjunction with any other person or entity directly or indirectly, by legal proceedings or otherwise in any court, Register of Wills office, department of court records division or other tribunal that in substance contests the validity of this Will, including any gifts, devise, or other provisions, amendments or codicils thereto for that person or persons under the Will, then the right of that person(s) or entity(ies)to take any interest in my estate shall cease, and that person(s) or entity(ies) shall be deemed to have predeceased me without issue. Article VII I understand and direct that my life insurance, annuities, individual retirement accounts (IRAs), in trust for bank accounts and any other assets on which I may designate a beneficiary will pass to the beneficiaries that I have named and will not be controlled by the distribution provisions of this Will. I also understand and direct that any assets I own jointly with another with rights of survivorship or a presumed rights of survivorship(whether the joint ownership was created before or after this Will) will pass to the surviving joint owner and distribution of such assets will not be controlled by the provisions of this Will. Article VIII I nominate, constitute, and appoint my nephew, MARK E. SHUTT, Executor of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason - 3 - whatsoever of my Executor, I nominate, constitute and appoint my nephew, GARY SHUTT, successor Executor of my Last Will and Testament. In the event of the renunciation, death, or inability to act,for any reason whatsoever of GARY SHUTT,I nominate,constitute and appoint my nephew, MICHAEL C. CRONIN, successor Executor of my Last Will and Testament. I direct that my Executor or successor Executors be permitted to serve without bond and in addition to those powers granted by law,I grant them power to distribute in cash or in kind in like or in unlike shares and to file any qualified disclaimer I could have filed if living. My Executor and successor Executors shall receive reasonable compensation for services rendered to my estate. Article IX In addition to the powers conferred by law,I authorize my Executor and successor Executors, in his absolute discretion: (a) to retain in the form received and to sell either at public or private sale,any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, -4 - (g) to make distributions in cash or in kind,or in both,and to determine the value of any such property, (h) to employ any attorney, investment advisor,or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, 0) to file any qualified disclaimer I could have if living, and (k) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF,I,HOOBER CORTY,hereby set my hand to this my Last Will and Testament, on t, �� , 2010. r-. HOOBER CORTY In our presence,the above-named HOOBER CORTY signed this and declared this to be his Last Will and Testament, and now at his request,in his presence, and in the presence of each other, we sign as witnesses. Name Address 845 Sir Thomas Court,Suite 12,Harrisburg,PA 17109 { - U�� JJ ' L_(1 1 ,{ P 845 Sir Thomas Court,Suite 12,Harrisburg,PA 17109 5 - I, HOOBER CORTY, Testator, who signed the foregoing instrument, having been duly qualified according to law,acknowledge that I signed and executed this instrument as my Will,and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by HOOBER CORTY, the Testator, on p 2010. Notary Public 1400BER CORTY NOTARIAL SEAL CHRISTA M APLIN Notary Public [MY ER PAXTON TWP.,DAUPHIN COUNTY Cammlttloo Explrst Nor 16,2013 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute this instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed;that each of us in his sight and hearing signed the Will as witnesses,and that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me /f by lte �F. and �,d L �\ lI k--ic.IP Witriess witnesses,on 10— -D-f-) , 2010. W'#ess I Nbtary Public NOTARIAL SEAL CHRISTA M APLIN Notary Public LOWER PAIITON TWP.,DAUPHIN COUNTY _ 6- My Cormmdttloo Expires Nav 18.2013 ATTACHMENT TO REV-1500 ESTATE OF FILE NUMBER HOOBER G CORTY 21 120568 Schedule Description Value on Rev-1500 Schedule A—Real Estate 1053 Oyster Mill Rd, $107,500.00 East Pennsboro Twp, Cumberland Co, Property ID 09-17-1040-020 As of the filing of this Inheritance Tax Return, the sale of the above-referenced real estate is scheduled to take place on April 1, 2014. The Agreement for the Sale of Real Estate dated March 20, 2013, is attached to this return. The agreement verifies the value (purchase price less the seller assist). This real estate has been on the market since March 2012. The listing agent is Bonita Thumma with Howard Hanna Real Estate Services. In March 2012 the decedent was in a nursing home, and the sale of his real estate was required in order to pay for his long-term care. Decedent subsequently passed away on May 6, 2012, with the real estate unsold. In his capacity as Executor, Mark E. Shutt continued to market the real estate. On October 8, 2012, an Agreement for the Sale of Real Estate was entered into between the Estate and a buyer. Subsequently, the buyer terminated the agreement. The real estate was placed back on the market. 1 The real estate was transferred to Mark E. Shutt on April I, 2013. Mark E. Shutt is the sole beneficiary of this Estate. This transfer allowed the Estate to pay its outstanding debts which included a Line of Credit secured by 1053 Oyster Mill Road and the Inheritance Tax. Mark E. Shutt, individually and in his capacity as sole beneficiary of the Estate, will be substituted as the Seller under the terms of the Agreement for the Sale of Real Estate dated March 20, 2013. 2 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE ASR This form recommended nd approved for,but as tesuided to use by,the members of the Pennsylvsnia Association of REALTORSO(PAR). PARTIES BUYER(S): Jason Potts SELLER(S): HG CORY,Mark Shutt,POA BUYER'S MAILING ADDRESS: SELLER'S MAILING ADDRESS: 1172 Ouster Mill Rd. 1053 Oyster Mill Rd. Camp Hill, PA 17011 Camp Hill,PA 17011 PROPERTY PROPERTY ADDRESS 1053 Oyster Mill Rd. Camp Hill,PA ZIP 17011 in the municipality of East Pennsboro .County of in the School District of East Pennsboro in the Commonwealth of Pennsylvania. Identification(e.g.,Tax ID#;Parcel#;Lot,Block;Deed Book,Page,Recording Date): 09.17-1040-020 BUYER'S RELATIONSHIP WITH PA LICENSED BROKER ❑No Business Relationship(Buyer is not represented by a broker) Broker(Company) Howard Hanna Licensee(s)(Name) Justin Hovetter Company Address 163 N.Hanover St. Direct Phone(s) 717-7134393 Carlisle. PA 17013 Cell Phone(s) Company Phone 717-243-1000 Fax Company Fax 717-243-1718 Email lustin Hovetter0howardhanna.com Broker is: Licensee(s)is: ❑Buyer Agent(Broker represents Buyer only) ®Buyer Agent with Designated Agency ®Dual Agent(See Dual and/or Designated Agent box below) ❑Buyer Agent without Designated Agency ❑Dual Agent(See Dual and/or Designated Agent box below) ❑Transaction Licensee(Broker and Licensee(s)provide real estate services but do not represent Buyer) SELLER'S RELATIONSHIP WITH PA LICENSED BROKER ❑No Business Relationship(Seller is not represented by a broker) Broker(Company) Howard Hanna Licensee(s)(Name) Bonita Thumma Company Address 163 N.Hanover St. Direct Phone(s) 717-440-5001 Carlisle,PA 17013 Cell Phone(s) Company Phone 717-243-1000 Fax Company Fax 717-243-1718 Email bonitathummatthowardhanna.com Broker is: Licensee(s)is: ❑Seller Agent(Broker represents Seller only) ®Seller Agent with Designated Agency ®Dual Agent(See Dual and/or Designated Agent box below) ❑Seller Agent without Designated Agency ❑Dual Agent(See Dual and/or Designated Agent box below) ❑Transaction Licensee(Broker and Licensee(s)provide real estate services but do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction.A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same transaction.All 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 Buyer and Seller,the Licensee is a Dual Agent. By signing this Agreement, Buyer and Seller each acknowledge having been previously informed of, and consented to, dual agency,if applicable. Buyer Initials: ASR Page I of 11 Seller Initials: I/46 —'j Revised 1/10 Pennsylvania Association of REALTORS' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS®i0ID Form gwwateo by:True Forms° w .Tnmleorms.eom 800-099-8812 I 1. p thfs XaQCeStltBitt, dated March 20. 2013 , 2 Seller hereby agrees to sell and convey to Buyer,who agrees to purchase,the identified Property. 3 2. PURCHASE PRICE AND DEPOSITS(1-10) 4 (A) Purchase Price$ 111.500.00 5 ( One Hundred Eleven Thousand Five Hundred OW100 6 U.S.Dollars),to be paid by Buyer as follows: - 7 1. Deposit at signing of this Agreement: $ 8 2. Deposit within 3 days of the Execution Date of this Agreement: $ 3.000.00 9 3 $ to 4. Remaining balance will be paid at settlement. 11 (B) All foods paid by Buyer,including deposits,will be paid by check,cashier's check or wired funds.All fonds paid by Buyer 12 within 30 DAYS of settlement,including funds paid at settlement, will be by cashier's check or wired funds,but not by per- 13 sonal check 14 (C) Deposits, regardless of the form of payment and the person designated as payee, will be paid in U.S.Dollars to Broker for Seller 15 (unless otherwise stated here: Howard Hanna ), is who will retain deposits in an escrow account in conformity with all applicable laws and regulations until consummation or ter- 17 mination of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of is the State Real Estate Commission.Checks tendered as deposit monies may be held encashed pending the execution of this 19 Agreement. 20 3. SELLER ASSIST(If Applicable)(1-10) 21 Seller will pay$ 4.000.00 or %of Purchase Price(0 if not specified)toward 22 Buyers costs, as permitted by the mortgage lender, if any. Seller is only obligated to pay up to the amount or percentage which is 23 approved by mortgage lender. 24 4. SETTLEMENT AND POSSESSION(1-10) 25 (A) Settlement Date is April 1.2014 .or before if Buyer and Seller agree. 26 (13) Settlement will occur in the county where the Property is located or in an adjacent county, during normal business hours,unless 27 Buyer and Seller agree otherwise. 28 (C) At time of settlement, the following will be pro-rated on a daily basis between Buyer and Seller, reimbursing where applicable: 29 current taxes (see Notice Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and home- 30 owner association fees;water and/or sewer fees,together with any other lienable municipal service fees.All charges will be pro- 31 rated for the period(s) covered. Seller will pay up to and including the date of settlement and Buyer will pay for all days follow- 32 ing settlement, unless otherwise stated here: 33 34 (D) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 35 36 (E) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 37 38 (F) Possession is to be delivered by deed,existing keys and physical possession to a vacant Property free of debris,with all structures 39 broom-clean,at day and time of settlement,unless Seller,before signing this Agreement,has identified in writing that the Property is 40 subject to a lease. 41 (G) If Seller has identified in writing that the Property is subject to a lease,possession is to be delivered by deed, existing keys and 42 assignment of existing leases for the Property,together with security deposits and interest,if any,at day and time of settlement.Seller d3 will not enter into any new leases,nor extend existing leases, for the Property without the written consent of Buyer. Buyer will 04 acknowledge existing lease(s)by initialing the lease(s)at the execution ofthis Agreement,unless otherwise stated in this Agreement. 45 Tenaut-Occupied Property Addendum(PAR Form TOP)Is attached. 46 5. DATESlI'IME IS OF THE ESSENCE(1-10) 47 (A) Written acceptance of all parties will be on or before: March 22,2013 48 (B) The Settlement Date and all other dates and times identified for the performance of any obligations of this Agreement are of the 49 essence and are binding. 50 (C) The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign- 51 ing and/or initialing it.For purposes of this Agreement,the number of days will be counted from the Execution Date,excluding 52 the day this Agreement was executed and including the last day of the time period. All changes to this Agreement should be ini- 53 baled and dated. 54 (D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written agree- 55 ment of the parties. 56 (E) Certain terms and time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller.All pre-printed terms 57 and time periods are negotiable and may be changed by striking out the pre-primed text and inserting different terms acceptable 68 to all parties. 69 6. ZONING(1-10) 60 Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if sub- 61 dividable) is zoned solely or primarily to permit single-family dwellings)will render this Agreement voidable at Buyers option,and, if 62 voided,any deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. 63 Zoning Classification: ,t/J 64 Buyer Initials:_ ASR Page 2 of 11 Seilerinitiats: f/ 46 Revised 1/10 Form gar Wd by:True Forms' w JrueForms.corn 800.499-9612 65 7, FIXTURES AND PERSONAL PROPERTY(1-10) ss (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, and other items including 87 plumbing; heating; radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment(including 58 covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door openers and transmitters; tele- 59 vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the 70 time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes;wall to wall 71 carpeting; existing window screens, storm windows and screem/storm doors; window covering hardware, shades and blinds; 72 awnings;built-in air conditioners;built-in appliances;the range/oven,unless otherwise stated;and,if owned,water treatment Sys- 73 tems,propane tanks,satellite dishes and security systems.Also included:All awliances and fixtures currently on 74 ProPerN Per SPD and MLS 75 (B) The following items are LEASED (not owned by Seller). Contact the provider/vendor for more information(e.g.,water treatment 76 systems,propane tanks,satellite dishes and security systems): 77 (C) EXCLUDED fixtures and items: 78 79 8. MORTGAGE CONTINGENCY(1-10) so ❑ WAIVED. This sale is NOT contingent on mortgage financing,although Buyer may obtain mortgage financing and/or the parties 81 may include an appraisal contingency. 82 ® ELECTED. 83 (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms: 84 First Mortgage on the Property Second Mortgage on the Property es Loan Amount$ 107,600.00 - Loan Amount$ ee Minimum Tenn 30 years Minimum Term years 87 Type of mortgage FHA Type of mortgage ere Loan-To-Value(LTV)ratio: Loan-To-Value(LTV)ratio: 89 For non-FHA/VA loans LTV ratio not to exceed % For non-FHA/VA loans LTV ratio not to exceed % 90 H Howard Hanna Mortraae Services Mortgage lender 91 Mortgage lender OR Quaint Oak Bank 92 Interest rate 3.75 %;however,Buyer agrees to accept the Interest rate %; however, Buyer agrees to accept the 03 interest rate as may be committed by the mortgage leader, not Interest rate as may be committed by the mortgage leader, not 94 to exceed a maximum interest rate of 4.5 °A. to exceed a maximum interest rate of a/c. 95 Discount points, loan origination, loan placement and other fees Discount points, loan origination, loan placement and other fees 98 charged by the lender as a percentage of the mortgage loan(exclud- charged by the lender as a percentage of the mortgage loan(exclud- 97 ing any mortgage insurance premiums or VA funding fee) not to ing any mortgage insurance premiums or VA funding fee) not to ee exceed %(0%if not specified)of the mortgage loan. exceed %(0%if not specified)of the mortgage loan. 99 (B) The interest rate(s) and feels) provisions in Paragraph 8(A) are satisfied if the mortgage lender(s) gives Buyer the right to guar- too antee the interest rate(s) and fee(s)at or below the maximum levels stated. If lender(s)gives Buyer the right to lock in the inter- tot est rate(s), Buyer will do so at least 15 days before Settlement Date. Buyer gives Seller the right, at Sellers sole option and toe as permitted by law and the mortgage lender(s), to contribute financially,without promise of reimbursement,to the Buyer and/or 103 the mortgage lender(s)to make the above mortgage term(s)available to Buyer. 104 (C) Within 300 days(7 if not specified)from the Execution Date of this Agreement,Buyer will make a completed,written mort- 10e gage application (including payment for and ordering of appraisal and credit reports without delay, at the time required by tee lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(A), if any, otherwise to a responsible 107 mortgage lender(s) of Buyers choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with 108 the mortgage lender(s)to assist in the mortgage loan process. 109 (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial 110 and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay 111 of the appraisal),fails to lock in interest rate(s)as stated in Paragraph 8(B),or otherwise causes the lender to reject,refuse 112 to approve or issue a mortgage loan commitment. 113 (E) 1. Mortgage Commitment Date: March 1. 2014 .Upon receiving a mortgage commitment,Buyer will 114 promptly deliver a copy of the commitment to Seller. 115 2, If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate 118 this Agreement by written notice to Buyer. Sellers right to terminate continues until Buyer delivers a mortgage commitment 117 to Seller.Until Seller terminates this Agreement,Buyer is obligated to make a good-faith effort to obtain mortgage financing. 118 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment: 119 a. Does not satisfy the terms of Paragraph 8(A),OR 120 b. Contains any condition not specified in this Agreement(e.g., the Buyer must settle on another property,an appraisal most 121 be received by the lender,or the mortgage commitment is not valid through the Settlement Date)that is not satisfied and/or 122 removed in writing by the mortgage lender(s) within 7 DAYS after the Mortgage Commitment Date in Paragraph 123 8(Exl), or any extension thereof, other than those conditions that are customarily satisfied at or near settlement (e.g., 124 obtaining insurance,confirming employment). 125 4. If this Agreement is terminated pursuant to Paragraphs 8(Ex2) or(3), or the mortgage loan(s) is not obtained for settlement, 128 all deposit monies will be returned to Buyer according to the terms of Paragraph 22 and this Agreement will be VOID.Buyer 127 will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of 128 this Agreement, and any costs incurred by Buyer for:(1)Title search,title insurance and/or mechanics' lien insurance,or any 129 fee for cancellation; (2) Flood insurance, fire insurance, hazard insurance,mine subsidence insurance, or any fee for cancel- 130 lation• 3)Appraisal fees and charges paid in advance to mortgage lender(s). ,/j/]rr r 131 Buyer Initials: ASR Page 3 of 11 Seller Initials:y• Revised 1/10 132 (F) If the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortgage lender(s), requires 133 repairs to the Property,Buyer will,upon receiving the requirements, deliver ea copy of the requirements to Seller. Within 5 134 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's 135 expense. 136 1. If Seller makes the required repairs to the satisfaction of the mortgage lender and/or insurer, Buyer accepts the Property and 137 agrees to the RELEASE in Paragraph 24 of this Agreement. 138 2. If Seiler will not make the required repairs, or if Seller fails to respond within the stated time, Buyer will, within 5 139 DAYS,notify Seller of Buyers choice to: 140 a. Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which 141 will not be unreasonably withheld OR 142 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 143 Paragraph 22 of this Agreement. tat If Buyer falls to respond within the time stated in Paragraph 8(F)(2)or fails to terminate this Agreement by written notice 145 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 146 FHA/VA,IF APPLICABLE 147 (G) It is expressly agreed that notwithstanding any other provisions of this contract,Buyer will not be obligated to complete the purchase 148 of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer 149 has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, 150 Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than 151 $ 111.500.00 (the Purchase Price as stated in this Agreement).Buyer will have the privilege and option of 152 proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation 153 is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does 154 not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition of the 155 Property are acceptable. 156 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing 157 Administration Transactions, provides, "Whoever for the purpose of. . . influencing in any way the action of such Department, 158 makes, passes, utters or publishes any statement, knowing the same to be false shall be fined under this title or imprisoned not 159 more than two years,or both." 160 (H) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement tat Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection." Buyer understands the importance of 162 getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that 183 FHA will not perform a home inspection nor guarantee the price or condition of the Property. 164 (1) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract 165 for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties 166 in connection with this transaction is attached to this Agreement. 167 9. SELLER REPRESENTATIONS(1-10) 168 (A) Radon Testing and Remedistion(See Notice Regarding Radon) 169 Seller has no knowledge about the presence or absence of radon unless checked below: 170 ❑ 1. Seller has knowledge that the Property was tested on the dates and by the methods (e.g. charcoal canister, alpha track, 171 etc.),which produced the results indicated below: 172 Date Type of Test Results(picoCuries/liter or working levels) Name of Testing Service 173 174 175 ❑ 2. Seller has knowledge that the Property had radon removal system(s)installed as indicated below: 178 Date Installed Type of System Provider 177 178 179 Copies of all available test reports will be delivered to Buyer with this Agreement Seller does not warrant the methods 180 or the results of radon tests. 181 (B) Status of Water 182 Seller represents that the Property is served b tea ❑ Public Water ❑Community Water INOn-site Water ❑None ❑ 184 (C) Status of Sewer 185 Seller represents that the Pro erty is served by: er 186 NPublic Sew Community Sew a a Dis po sal System ❑Ten-Acre Permit Exemption(see Sewage Notice 2) 187 ❑Individual On-lot Sewage Disposal System(see Sewage Notice 1) ❑Holding Tank(see Sewage Notice 3) tea ❑Individual On-lot Sewage Disposal System in Proximity to Well(see Sewage Notice 1;see Sewage Notice 4,if applicable) 189 ❑None(see Sewage Notice 1) ❑None Available/Permit Limitations in Effect(see Sewage Notice 5) 190 ❑ 191 (D) Historic Preservation 192 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here: 193 194 Buyer Initials: ASR Page 4 of 31 Seller Initials:W Revised 1/10 Fo generMed Gy:Troe Forms" ssaw.TrueForms.com 896-499-9612 195 (E)❑ Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s)(see Notices Regarding Land 196 Use Restrictions): 197 ❑Farmland and Forest Land Assessment Act(Clean and Green Program;Act 319 of 1974;72 P.S.§5490.1 et seq.) tea ❑Open Space Act(Act 442 of 1967;.32 P.S.§5001 et seq.) 199 ❑Agricultural Area Security Law(Act 43 of 1981;3 P.S.§901 et seq.) 200 ❑Other 201 (F) Seller represents that,as of the date Seller signed this Agreement,no public improvement,condominium or homeowner association 202 assessments have been made against the Property which remain unpaid, and that no notice by any government or public 203 authority has been served upon Seller or anyone on Sellers behalf, including notices relating to violations of zoning, housing, 204 building,safety or fire ordinances that remain uncorrected,and that Seller knows of no condition that would constitute a violation 205 of any such ordinances that remain uncorrected,unless otherwise specified here: 206 207 (G) Seller knows of no other potential notices(including violations)and/or assessments except as follows: 208 209 (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 210 10.WAIVER OF CONTINGENCIES(9-05) 211 if this Agreement is contingent on Buyer's right to inspect and/or repair the Property,or to verify insurability, environmental 212 conditions, boundaries, certifications, zoning classification or use, or any other Information regarding the Property, Buyer's 213 failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and 214 Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 215 11.INSPECTIONS(1-10)(See Notices Regarding Property and Environmental Inspections) 216 (A) Rights and Responsibilities 217 1. Seller will provide access to insurers'representatives and,as may be required by this Agreement or by mortgage lender(s),to 218 surveyors,municipal officials,appraisers and inspectors.All parties and their real estate licensees)may attend any inspections. 219 2. Buyer may make a pre-settlement walk-through inspection of the Propero. Buyers right to this inspection is not waived by 220 any other provision of this Agreement. 221 3. Seller will have heating and all utilities(including fuel(s))on for all lospections/appraisals. 222 4. All inspectors,including home inspectors,are authorized by Buyer to provide a copy of any inspection Report to Broker for Buyer. 223 5. Seller has the right,upon request,to receive a free copy of any inspection Report from the party for whom it was prepared. 224 (B) Buyer waives or elects at Buyers expense to have the following Inspections, certifications, and investigations (referred to as 225 "Inspection" or "Inspections") performed by professional contractors, home inspectors, engineers, architects and other properly 226 licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system,the inspector must comply 227 with the Home Inspection Law.(See Notice Regarding the Home Inspection Law) 228 (C) For elected Inspection(s),Buyer will,within the Contingency Period(s)stated in Paragraph 12(A),complete Inspections,obtain any 229 Inspection Reports or results(referred to as"Report"or"Reports"),and accept the Property,terminate this Agreement,or submit a 230 Written Corrective Proposal(s)to Seller,according to the terms of Paragraph 12(B). 231 Home/Property Inspections and Environmental Hazards(mold,etc.) 232 lected Buyer may conduct an inspection of the Property's structural components;roof;exterior windows and exterior Waived 233 I/— doors;exterior siding,Exterior Insulation and Finish Systems,fascia,gutters and downspouts;swimming pools,hot 234 tubs and spas;appliances;electrical systems;interior and exterior plumbing;public sewer systems;beating and cool- 235 ing systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square 236 footage;mold and other environmental hazards(e.g.,fungi,indoor air quality,asbestos,underground storage tanks, 237 etc.);and any other items Buyer may select.If Buyer elects to have a home inspection of the Property,as defined in 238 the Home Inspection Law,the home inspection must be performed by a full member in good standing of a national 239 home inspection association,or a person supervised by a full member of a national home inspection association,in 240 accordance with the ethical standards and code of conduct or practice of that association,or by a properly licensed 241 or registered engineer or architect.(See Notice Regarding the Home Inspection Law) 242 Wood Infestation 243`ff lected Buyer may obtain a written"Wood-Destroying bisect Infestation Inspection Report"from an inspector certified as Waived 244 .3 ./— a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid- !- 245 ed by the inspector to Seller.The Report is to be made satisfactory to and in compliance with applicable laws,mort- 246 gage lender requirements,and/or Federal Insuring and Guaranteeing Agency requirements.The Inspection is to be 247 limited to all readily-visible and accessible areas of all stntctures on the Property,except fences.If the Inspection 248 reveals active infestation(s),Buyer,at Buyers Expense,may obtain a Proposal from a wood-destroying pests pes- 249 ticide applicator to treat the Property.If the Inspection reveals damage from active or previous infestation(s),Buyer 250 may obtain a written Report from a professional contractor,home inspector or structural engineer that is limited to 251 structural damage to the Property caused by wooddestroying organisms and a Proposal to repair the Property. 252 Radon 253 Elected Buyer may obtain a radon test of the Property from a certified inspector.The U.S.Environmental Protection ed 254 % Agency(EPA)advises corrective action if the average annual exposure to radon is equal to or higher than 0.02 255 working levels or 4 picoCuriesAiter(4pCi/L). 256 Water Service 257 Elected Buyer may obtain an Inspection of the quality and quantity ofthe water system from aproperly licensed or otherwise -,Wakved 258 _i_ qualified watertwell testing company.If and as required by the inspection company,Seller,at Sellers expense,will 259 locate and provide access to the on-site(or individual)water system.Sellerwill restore the Property to its previous con- 260 dition,at Sellers expense,prior to settlement. ��,�/' 261 Buyer Initials:� ASR Page 5 of I1 Seller Initials: V' Revised 1/10 -._ T.............. r"..e..."..,...". nm.eou.wi? 262 On-lot Sewage(If Applicable) 263 Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified,professional AAW�aived �.,}7�. 264 /_ inspector.If and as required by the inspection company,Seiler,at Seller's expense,will locate,provide access to, ! 265 and empty the individual on-tot sewage disposal system.Seller will restore the Property to its previous condition, 266 at Seller's expense,prior to settlement.See paragraph 12(C)for more information regarding the individual On-lot eel Sewage Inspection Contingency. 288 Property Insurance 269 r..t,�jjtected Buyer may determine the insurability oftbe Property by making application for property and casualty insurance for Waived 270 /— the Property to a responsible insurer.Broker for Buyer,if any,otherwise Broker for Seller,may communicate with —/ 271 the insurer to assist in the insurance process.If the Property is located in a flood plain,Buyer may be required to 272 carry flood insurance at Buyer's expense,which may need to be ordered 14 days or more prior to Settlement Date. 273 Property Boundaries 274 Elected Buyer may engage the services of a surveyor,title abstractor,or other qualified professional to assess the legs' aived 275 _/T description,certainty and location of boundaries and/or quantum of land.Most Sellers have not had the Property����rr <.� 276 surveyed as it is not a requirement of property transfer in Pennsylvania.Any Ponces,hedges,walls and other natural 277 or consumed barriers may or may not represent the true boundary Iines of the Property.Any numerical represen- 276 tations of size of property are approximations only and may be inaccurate. 270 Dee"Restrictions and Zoning 280 Elected Buyer may investigate easements,deed and use restrictions(including any historic preservation restrictions or ordi-aived 281 t ounces)that apply to the Property and review local zoning ordinances.Buyer may verify that the present use of the!` 262 Property(such as in-law quarters, apartments,home office,day care) is permitted and may elect to make the 283 Agreement contingent upon an anticipated use.Present use: 294 Lead-Based Paint Hazards(For Properties prior to 1978 only) 285 Elected Before Buyer is obligated to purchases residential dwelling built prior to 1978,Buyer has the option to conduct ajij'aived 206 % risk assessment and/or inspection ofthe Property for the presence of lead-based paint and/or lead-bascd paint h ! 287 arils unless Buyer waives that right.Regardiess of whether this inspection is elected or waived,the Residential 288 Lead•Based Paint Hazard Reduction AM requires a Seller of property built prior to 1978 to provide the 289 Buyer with an EPA-approved had hazards information pamphlet titled Protect Your Family from Lead in 290 Your Home,along with a separate form,attached to this Agreement,disclosing Seller's knowledge of lead- 291 based paint hazards and any lead-based paint records regarding the Property.(See Notices Regarding 292 Residential Lead-Based Paint Hazard Reduction Act) 203 Other 204 Elected Waived 295 296 297 The Inspections elected above do not apply to the following existing conditions and/or items: 298 299 300 12.INSPECTION CONTINGENCY(1-10) 301 (A) The Contingency Period is_days(10 if not specified)from the Execution Date of this Agreement for each Inspection elected 302 in Paragraph I I(C),except the following: 393 Inspection(s) Contingency Period 304 days 305 days 308 days 307 days 308 (B) Except as stated in Paragraph 12(C), if the result of any Inspection elected in Paragraph I I(C)is unsatisfactory to Buyer,Buyer 309 will,within the stated Contingency Period: 310 1. Accept the Property with the information stated in the Report(s)and agree to the RELEASE in Paragraph 24 of this Agreement,OR 311 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 312 Paragraph 22 of this Agreement,OR 313 3. Present theReport(s)toSellerwithsWsittutCorrectiveProposat(aPropcsai")flstingeorrectionsand/becredits desired byBuyer. 314 The Proposal may,but is not required to,include the names)of a property licensed or qualified professional(s)to perform the our- 315 Regions requested in the Proposal,provisions for payment,including retests,and a projected date for completion of the correc- 316 tions.Buyer agrees that Seller will not be held liable for corrections that do not comply with mortgage lender or governmental 317 requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal. 318 a. No later than.,_ days(5 if not specified)from the end of the Contingency Perlod(s),Seller will inform Buyer in writ- 319 ing that Seiler will: 320 (1) Satisfy all the terms of Buyer's Proposal(s),OR 321 (2)Not satisfy all the terms of Buyer's Proposaks).OR 322 b- if Seller agrees to satisfy the terms of Buyer's Proposal or Buyer and Seller enter into a mutually acceptable written agree- 323 ment,Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 324 c. Within days(2 if not specified)of the receipt of written notification that Seller will not satisfy all terms of Buyer's . 325 Proposal, or the time stated in paragraph 12(Bx3)(a) if Seller fails to choose either option in writing, whichever occurs 326 first,Buyer will: 327 Buyer Initials: ASR Page 6 of I I Setter Initials:_IM6 Revised 1/10 Fmn9merobabr TroeFwms' xvm.TIWFOrm M 809.4999512 328 (1)Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this 329 Agreement,OR 330 (2)Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 331 Paragraph 22 of this Agreement,OR 332 (3)Enter into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the 333 Property and/or any credit to Buyer at settlement,as acceptable to the mortgage lender,if any. 334 If Buyer fails to respond within the time stated in Paragraph 12(Bx3xc) or fails to terminate this Agreement by 335 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 336 24 of this Agreement. 337 (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system,Seller may,within 338 days(25 if not specified)of receiving the Report,submit a Proposal to Buyer.The Proposal will include,but not be limited to,the 339 name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected com- 340 pletion date for corrective measures.Within 5 DAYS of receiving Seller's Proposal,or if no Proposal is provided within the 341 stated time,Buyer will notify Seller in writing of Buyers choice to: 342 1. Agree to the terms of the Proposal,accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement,OR 340 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 344 Paragraph 22 of this Agreement,OR 345 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 24 of this Agreement.if required by any 346 mortgage lender and/or any governmental authority,Buyer will correct the defects before settlement or within the time required 347 by the mortgage lender and/or governmental authority,at Buyer's sole expense,with permission and access to the Property given 34a by Seller,which may not be unreasonably withheld.If Seller denies Buyer permission and/or access to correct the defects,Buyer 349 may, within_5_DAYS of Seller's denial,terminate this Agreement by written notice to Seller,with all deposit monies returned 350 to Buyer according to the terms of Paragraph 22 of this Agreement. 351 If Buyer fails to respond within the time stated in Paragraph 12(C)or fails to terminate this Agreement by written notice 352 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 353 13.NOTICES,ASSESSMENTS AND MUNICIPAL REQUIREMENTS(1-10) 354 (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before 355 settlement,Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- 356 ments to Buyer and will notify Buyer in writing that Seller will: 357 1. Fully comply with the notices and/or assessments, at Seller's expense, before settlement If Seller fully complies with the 358 notices and/or assessments,Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement,OR 359 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments,o Mails 380 within the stated time to notify Buyer whether Seller will comply,Buyer will notify Seller in writing within 5 DAYS 361 that Buyer will: 362 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in 363 Paragraph 24 of this Agreement,OR 384 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 365 Paragraph 22 of this Agreement. 388 If Buyer fails to respond within the time stated in Paragraph 13(Ax2)or fails to terminate this Agreement by written notice 387 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 368 (B) If required by law,within 30 DAYS from the Execution Date of this Agreement,but in no case later than 15 DAYS prior 369 to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing 370 notice of any mcorrected violations of zoning, housing, building, safety or fire ordinances and/or a certificate permitting occu- 371 panty of the Property. If Buyer receives a notice of any required repairs/impmvements, Buyer will promptly deliver a copy of 372 the notice to Seller. 373 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will deliver a 374 copy of the notice to Buyer and notify Buyer in writing that Seller will: 375 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required 376 repairs/improvements,Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement,OR 377 b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements,Buyer will 376 notify Seller in writing within 5 DAYS that Buyer will: 379 (1) Make the repairs/improvements at Buyer's expense,with permission and access to the Property given by Seller,which 380 will not be unreasonably withheld,OR 381 - (2) Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms 382 of Paragraph 22 of this Agreement. 363 If Buyer fails to respond within the time stated in Paragraph 13(B)(1)(b) or falls to terminate this Agreement by 384 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 385 24 of this Agreement,and Buyer accepts the responsibility to perform the repairs/improvements according t0 the 368 terms of the notice provided by the municipality. 387 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before 388 Settlement Date to make the required repairs/improvements, Buyer may, within 5 DAYS,terminate this Agreement by 369 written notice to Seller,with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. 390 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph,Seller 391 will perform all repairs/improvements as required by the notice at Seller's expense.Paragraph 13(6)(3)will survive settlemeaL 392 Buyer Initials: ASR Page 7 of 11 Seller Initials:(hlu� Revised 1/10 Fan gwwaW by:TraeForms7 ~a.TrueFomu.eom 800399-9612 393 14.CONDOMINIUM/PLANNED COMMUNITY(HOMEOWNER ASSOCIATIONS)RESALE NOTICE(I-10) 394 Property is NOT a Condominium or part of a Planned Community unless checked below. 395 ❑ CONDOMINIUM.The Property is a unit of a condominium that is primarily run by a unit owners'association.Section 3407 of the 396 Uniform Condominium Act of Pennsylvania(see Notice Regarding Condominiums and Planned Communities) requires Seller to 397 furnish Buyer with a Certificate of Resale and copies of the condominium declaration(other than plats and plans),the bylaws and 398 the rules and regulations of the association. 399 ❑ PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the 400 Uniform Planned Community Act(see Notice Regarding Condominiums and Planned Communities). Section 5407(a)of the Act 401 requires Seller to famish Buyer with a copy of the Declaration (other than plats and plans),the bylaws,the rules and regulations 402 of the association,and a Certificate containing the provisions set forth in section 5407(a)of the Act. 403 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 404 (A) Within 15 DAYS from the Execution Date of this Agreement,Seller,at Seller's expense,will request from the association a 405 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that 409 the association is required to provide these documents within 10 days of Seller's request. 407 (B) Seller will promptly deliver to Buyer all documents received from the association.Under the Act,Seller is not liable to Buyer for 408 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the association 409 in the Certificate. 410 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 411 for 5 days after rdceipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in.writing; upon Buyer 412 declaring this Agreement void, all deposit monies will be returned to Buyer according to the terms of Paragraph 22 of this 413 Agreement. 414 (D) If the association has the right to buy the Property(right of first refusal),and the association exercises that right,Sellerwill reimburse 415 Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, 416 and any costs incurred by Buyer for:(1)Title search,title insurance and/or mechanics' lien insurance, or any fee for cancellation; 417 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 418 and charges paid in advance to mortgage lender. 419 15,TITLES,SURVEYS AND COSTS(1-10) 420 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the regular 421 rates, free and clear of all liens, encumbrances, and easements, excepting howeverthe following:existing deed restrictions; 422 historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the 423 ground;easements of record;and privileges or rights of public service companies,if any. 424 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 425 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3)Appraisal fees 426 and charges paid in advance to mortgage lender,(4)Buyer's customary settlement costs and accruals. 427 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal 428 description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by 429 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 430 (D) If Seller is unable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates,as 431 specified in Paragraph 15(A),Buyer may terminate this Agreement by written notice to Seller,with all deposit monies returned to 432 Buyer according to the terms of Paragraph 22 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs 433 incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement,and for those items specified 434 in Paragraph 15(B)items(1),(2),(3)and in Paragraph 15(C). 435 (E) Seller is not aware of the status of oil,gas and mineral rights for Property unless otherwise stated below: 436 ❑Seller does not own all subsurface rights to the property. 437 ❑Oil,Gas and Mineral Rights Addendum(PAR Form OGM)is attached. 438 (F) COAL NOTICE(Where Applicable) 439 THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH 44o THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL 441 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 442 BUILDING OR OTHER STRUCTURE ON OR M SUCH LAND.(This notice is set forth in the manner provided in Section 1 of the Act of 443 July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting 444 from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a 445 private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of complying 446 with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." 447 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 446 (G) The Property is not a`recreational cabin"as defined in the Pennsylvania Construction Code Act unless otherwise stated here(see 449 Notice Regarding Recreational Cabins): 460 16.MAINTENANCE AND RISK OF LOSS(1-10) 451 (A) Seller will maintain the Property,grounds,fixtures and personal property specifically listed in this Agreement in its present condition, 452 normal wear and tear excepted. 453 (B) If any system or appliance included in the sale of Property fails before settlement,Seller will: 454 1. Repair or replace the failed system or appliance before settlement,OR 485 2. Provide prompt written notice to Buyer of Sellers 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, 457 if any,OR 456 b. Not repair or replace the failed system or appliance,and not credit Buyer at settlement for the fair market value of the 459 failed system or appliance. 460 Buyer Initials: ASR Page 8 of 11 Seller Initials: Revised 1/10 Form generated by.True Forms° www.TnteForms.00m a00-499-9512 461 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 462 fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, 463 whichever is earlier,that Buyer will: 464 a. Accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement,OR 465 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 466 Paragraph 22 of this Agreement. 467 If Buyer fails to respond within the time stated in Paragraph 16(B)(3) or fails to terminate this Agreement by written 466 notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this - 469 Agreement. 470 (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 471 replaced prior to settlement,Buyer will: 472 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller,OR 473 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 474 Paragraph 22 of this Agreement. 475 17.HOME WARRANTIES(1-10) 476 At or before settlement,either party may purchase a home warranty for the Property from a third-party vendor.Buyer and Seller understand 477 that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any preexisting 478 defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications 479 that Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that a broker who recommends a home 48o warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker. 481 1&RECORDING(9-05) 482 This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer 483 causes or permits this Agreement to be recorded,Seller may elect to treat such act as a default of this Agreement. 484. 19.ASSIGNMENT(1-10) 485 This Agreement is binding upon the parties,their heirs,personal representatives,guardians and successors,and to the extent assignable, 466 on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless 487 otherwise stated in this Agreement.Assignment of this Agreement may result in additional transfer taxes. 468 20.GOVERNING LAW,VENUE AND PERSONAL JURISDICTION(9-05) 489 (A) The validity and construction of this Agreement,and the rights and duties of the parties,will be governed in accordance with the - 490 laws of the Commonwealth of Pennsylvania. 491 (B) The parties agree that any dispute,controversy or claim arising under or in connection with this Agreement or its performance by 492 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of 493 Pennsylvania. 494 21,REPRESENTATIONS(1-10) 495 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their 496 licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this 497 Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, 498 covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This 499 Agreement will not be altered,amended,changed or modified except in writing executed by the parties. 500 (B) Unless otherwise stated In this Agreement,Buyer has inspected the Property(including fixtures and any personal property 501 specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the 502 Property IN ITS PRESENT CONDITION,subject to inspection contingencies elected in this Agreement.Buyer acknowledges 503 that Broken,their licensees, employees,officers or partners have not made an independent examination or determination 504 of the structural soundness of the Property, the age or condition of the components, environmental conditions, 505 the permitted uses,nor of conditions existing in the locale where the Property Is situated;nor have they made a mechanical Soo inspection of any of the systems contained therein. 507 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. SOB (D) Broker(s)have provided or may provide services to assist unrepresented parties in complying with this Agreement. 509 22,DEFAULT,TERMINATION AND RETURN OF DEPOSITS(1-10) 510 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return of 511 all deposit monies paid on account of Purchase Price pursuant to the terns of Paragraph 2203), and this Agreement will be 512 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 513 monies. 514 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to 515 determine who is entitled to the deposit monies when settlement does not occur.Broker can only release the deposit monies: 516 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written 517 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 516 2. If,after Broker has received deposit monies,Broker receives a written agreement that is signed by Buyer and Seller,directing 519 Broker how to distribute some or all of the deposit monies. 520 3. According to the terms of a final order of court. 521 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the 522 deposit monies if there is a dispute between the parties that is not resolved.(See Paragraph 22(C)) 523 Buyer Initials: ASR Page 9 of I1 Seller Initials: Revised 1/10 Form 9anxabd by:TrueFOMC w .TrueFwmsxom 800499-9612 524 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after 525 the Settlement Date stated in Paragraph 4(A),or any written extensions thereof, the Broker holding the deposit monies will,with- 526 in 30 days of receipt of Buyer's written request,distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- 527 able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior to 528 the receipt of Buyers request for distribution, Broker will continue to hold the deposit monies until receipt of a written distri- 529 bution agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any por- 530 tion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the 531 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that 532 the parties maintain their legal rights to pursue litigation even after a distribution is made. - 533 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 22 or Pennsylvania 534 law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit 535 monies,the attorneys'fees and costs of the Broker(s)and licensee(s)will be paid by the party naming them in litigation. 536 (E) Seller has the option of retaining all sums paid by Buyer,including the deposit monies,should Buyer. 537 1. Fail to make any additional payments as specified in Paragraph 2,OR 538 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning 539 Buyers legal or financial status,OR 540 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 541 (F) Unless otherwise checked in Paragraph 22(G),Seller may elect to retain those sums paid by Buyer,including deposit monies: 542 1. On account of purchase price,OR 543 2. As monies to be applied to Sellers damages,OR 544 3. As liquidated damages for such default. 545 (G) ®SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS 548 LIQUIDATED DAMAGES. 547 (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 22(F) or (G), 548 Buyer and Seller are released from further liability or obligation and this Agreement is VOID. 549 (I) Brokers and licensees are not responsible for unpaid deposits. 550 23.MEDIATION(1-10) 551 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies, 552 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home SellerstHome Buyers Dispute 553 Resolution System,unless it is not available, in which case Buyer and Seller will mediate according to the terns of the mediation sys- 554 tem offered or endorsed by the local Association of REALTORS®. Mediation fees, contained in the mediators fee schedule, will be 555 divided equally among the parties and will be paid before the mediation conference.This mediation process must be concluded before 556 any party to the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons if it is necessary to 557 stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding(see 556 Notice Regarding Mediation).Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 559 24.RELEASE(9-05) 560 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any 581 OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or 562 through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property dam- 563 age and all of the consequences thereof,whether known or not,which may arise from the presence of termites or other wood- 564 boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the 565 individual on-lot sewage disposal system or deficiencies in the on-site water service system,or any defects or conditions on the 566 Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula- 567 tion,this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This 568 release will survive settlement. 569 25.REAL ESTATE RECOVERY FUND(9-05) 570 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real 571 estate licensee (or a licensee's affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been 572 unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call(717) 783- 573 3658 or(900)822-2113(within Pennsylvania)and(717)7834854(outside Pennsylvania). 574 26.COMMUNICATIONS WITH BUYER AND/OR SELLER(1-10) 575 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer,that provision shall be satis- 576 fied by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to 577 Paragraph 14. If there is no Broker for Buyer, those provisions may be satisfied only by communicatiou/delivery being made direct- 576 ly to the Buyer,unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows corm- 579 munication/delivery to a Seller,that provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is 580 no Broker for Seller,those provisions may be satisfied only by communication/delivery being made directly to the Seller,unless other- 581 wise agreed to by the parties. 582 27.SPECIAL CLAUSES(1-10) 583 (A) The following are part of this Agreement if checked: 584 ❑Sale&Settlement of Other Property Contingency Addendum(PAR Form SSP) 585 ❑Sale&Settlement of Other Property Contingency with Right to Continue Marketing Addendum(PAR Form SSP-CM) 586 ❑Settlement of Other Property Contingency Addendum(PAR Forth SOP) 587 ❑Short Sale Addendum to Agreement of Sale(PAR Form SHS) Sae ❑Appraisal Contingency Addendum(PAR Form ACA) 569 ❑MONEY BACK GUARANTEE RIDER 590 ❑ 591 ❑ 592 Buyer Initials: --SP ASR Page 10 of 11 Seller Initials: Mr�_ Revised 1/10 Form germaW by:True Forms° vmv.TrueForms.com 600-099-9612 593 (B) Additional Terms: 594 SELLER WARRANTS 20 11 REAL ESTATE TAXES TO BE APPROXIMATELY S- 2.000.00 595 (This Includes Local Municipality School District and County Taxes.) 596 Any taxes are subject to change by government authority. 597 SELLER WARRANTS THE APPROXIMATE LOT SIZE OF THE SUBJECT PROPERTY IS .59 acres 598 599 600 601 602 603 804 605 608 607 608 609 610 ell 612 613 614 615 616 Buyer and Seller acknowledge receipt of a copy—or this Agreement at the time of signing. 617 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which 618 counterparts 619 together shall constitute one and the some Agreement of the Parties. 620 NOTICE TO PARTIES:WHEN SIGNED,THIS AGREEMENT IS A BINDING CONTRACT.Parties to this transaction are 621 advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice. 622 Return of this Agreement,and any addenda and amendments,including return by electronic transmission,bearing the signatures 623 of a arties,constitutes acceptance by the parties. 624 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code 625 §35.336. 626 .�( J Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 627 ur / Buyer has read and understands the notices and explanatory information in this Agreement. 526 IZSQ J Buyer has received a Seller's Property Disclosure Statement before signing this Agreement,if required by law 629 (see Information Regarding the Real Estate Seller Disclosure Law). 630 �J Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit 631 money)before signing this Agreement 632 ';�Q / Buyer has received the Lead-Based Paint Hazards Disclosure,which is attached to this Agreement of Sale,and 633 be pam Jet Pr act Your Family from Lead in Your Home(for properties built prior to 1979) 634 WITNESS r BUYER r DATE March 20.2013 . Jason Potts 635 WIT SS BUYER DATE 636 WITNESS BUYER DATE 637 Seller b the Co er Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336. 636 Seger has received a s t of Seller's estimated closing costs before signing this Agreement. 639 Seller has read and prid tan the ti and explanatory information in this Agre/ye�m nt. 640 WITNESS _ SELLER � '(_Al DATE Afark Shutt as AA for HG Corty 641 WITNE S SELLER DATE 842 WITNESS SELLER DATE ASR Page l l of 11 Revised 1/10 Form 9enaamd by:TrneFmms v .TrueFomrs.com 800-489-9612