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HomeMy WebLinkAbout14-1949 Supreme CouiGo- Pennsylvania Court- •`of•.CommnO Pleas For Prothonotary Use Only: Civil'over,Sheet 3r 1 ' a ' n Doc ket No: Cd C / H M UUIlty _ �l / o a The information collected on this,forrn is used solely . for court adminislrralian purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required 1)J or rules of cour•l. Commencement of Action: S x Complaint 0 Writ of Summons El Petition E Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: , Frank Orozco Ernest H. Martinez Dollar Amount Requested: 0 within arbitration limits I Are money damages requested? Q Yes C No O !X (check one) outside arbitration limits N Is this a Class Action Suit? 0 Yes G1 No Is this an MDJAppeal? Yes El No A Name of Plaintiff /Appellant's Attorney: Peter M. Good, Esquire 0 Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 10 Nuisance 0 Dept. of Transportation 0 ,Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) Employment Dispute: 0 Slander/Libel/ Defamation Discrimination C El Other: 0 Employment Dispute: Other 0 Zoning Board T Other: I E] Other: O MASS TORT 0 Asbestos N Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant RE L PROPERTY MISCELLANEOUS 0 Toxic Waste 6C .Ejectment 0 Common Law /Statutory Arbitration B Other: 0 Eminent Domain /Condemnation Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute E Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title El Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 a • FRANK OROZCO and IN THE COURT OF COMMON PLEAS AMY L. OROZCO CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ERNEST H. MARTINEZ and TINA M. MARTINEZ CIVIL r� Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990 -9108 not S �- ?� ��r) FRANK OROZCO and IN THE COURT OF COMMON PLEAS AMY L. OROZCO CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. ERNEST H. MARTINEZ and TINA M. MARTINEZ CIVIL Defendants AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO. PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990 -9108 s Peter M. Good, Esquire Attorney I.D. No. 64316 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717- 232 -7661 717- 232 - 7661 /Fax p ood ,ckle 7al.net Attorney for Plaintiffs FRANK OROZCO and IN THE COURT OF COMMON PLEAS AMY L. OROZCO CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. ERNEST H. MARTINEZ and TINA M. MARTINEZ CIVIL Defendants COMPLAINT UPON AN ACTION IN EJECTMENT Plaintiffs, Frank Orozco and Amy L. Orozco, by and through their attorneys, Caldwell & Kearns, P.C., file the following Complaint Upon an Action in Ejectment against Defendants, and in support thereof aver as follows: 1. Plaintiffs, Frank Orozco and Amy L. Orozco (hereinafter "Plaintiffs ") are married adult individuals currently residing at 1024 Hidden Jewel Lane, Wake Forest, North Carolina 27587. 2. Defendants, Ernest H. Martinez and Tina M. Martinez (hereinafter "Defendants ") are married adult individuals currently squatting at 6 Souder Court, Mechanicsburg, Cumberland County, PA 17050, Tax ID #38 -13- 0985 -119 (hereinafter the "Property "). 3. Plaintiffs are the owners of the Property. A true and correct copy of Plaintiffs' deed to the Property, recorded in the Office of the Cumberland County Recorder of Deeds on 1 September 8, 2006 at Book 276, Page 2813, is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Pursuant to an Agreement of Sale dated December 9, 2011 (hereinafter "the Agreement "), Plaintiffs agreed to sell the Property to Defendants. A true and correct copy of the Agreement is attached hereto as Exhibit "B" and incorporated herein by reference. 5. On December 10, 2011, the parties executed a Pre - Settlement Possession Addendum to the Agreement of Sale (hereinafter "Addendum ") which provided that, in the event settlement does not take place, Defendants would vacate the Property "two (2) days past settlement." The Addendum also provided that, in the event of Defendant's defaulting under the Addendum or the Agreement, "Buyer will immediately vacate the Property." 6. The Addendum also provides that "in the event that Seller institutes legal proceedings ... to have Buyer removed from the Property, Buyer will pay to Seller all costs that Seller incurs as a result, including court costs and attorney's fees." 7. Pursuant to the Agreement, Defendants agreed to pay Plaintiffs a $2,000.00 occupancy fee at the outset of their possession, which was to begin December 15, 2011. After that date, for the months of February 15 to March 15 on, Defendants were to pay Plaintiffs $1,500.00 per month for their occupancy. . 8. Defendants paid the initial $2,000.00 fee, but failed to pay any monthly payments under the Addendum. Defendants' failure to pay the monthly fees constitutes a breach of the Addendum. 9. Pursuant to the Agreement, settlement was to be held 45 days after approval of the Short Sale by the lender, which approval was given on March 21, 2012. Therefore, settlement was to be held on May 5, 2012 (hereinafter "the Settlement Date "). 1 10. Pursuant to the Agreement, the settlement date was of the essence and could not be extended except by written agreement of both parties to the transaction. 11. Defendants failed to settle on the Property by the Settlement Date. Defendants' failure to settle by that date constitutes a breach of the Agreement. 12. Defendants have breached both the Agreement of Sale and the Addendum by failing to purchase the Property and failing to pay Plaintiff's rent as agreed upon under the Addendum. 13. Pursuant to the Addendum, upon default of either the Addendum or the Agreement, Defendants were to immediately vacate the Property. 14. By failing to pay for the month starting February 15, 2011 and ending March 15, 2011, Defendants first breached the Addendum on March 16, 2011. Therefore, they were obligated to immediately vacate the Property and Plaintiffs were entitled to immediate possession of the Property. 15. By failing to settle on the Property by the Settlement Date, Defendants breached the Agreement on May 6, 2012, and were again obligated to immediately vacate the Property and Plaintiffs were again entitled to immediate possession thereof. 16. Pursuant to the Agreement, if settlement does not take place, Defendants "will continue to pay the Occupancy Fee until [Defendants] vacate the property." 17. To date, Defendants have not vacated the Property as they are obligated under the Agreement and the Addendum. 18. To date, after 37 unpaid months of occupancy at $1,500.00 per month, Defendants owe Plaintiffs $55,500.00 in back Occupancy Fees pursuant to the Addendum. i 19. It is believed and therefore averred that Defendants have caused damages to the Property during their occupancy, and are therefore liable to Plaintiffs for cost of repair of the damages or replacement of any materials, fixtures, or other property. 20. Plaintiffs have expended legal fees and court costs in attempting to recover sums due under the Addendum and to have Defendants removed from the Property. 21. Pursuant to the Addendum, Plaintiffs are entitled to attorney fees and court costs expended in removing Defendants from the property and recovering any sums due under the terms of the Addendum. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter an Order ejecting Defendants, Ernest H. Martinez and Tina M. Martinez, from Plaintiff's Property and awarding Plaintiffs damages in excess of $50,000.00 with interest, costs, and attorney's fees as deemed appropriate by the Court and as agreed to by Defendants. Respect ully submitted, Date: 04/01/14 Peter M. Good, Esquire I.D. No. 64316 CALDWELL & KEARNS, P.C. 3631 North Front Street Harrisburg, PA 17110 717 - 232 -7661 Attorney for Plaintiffs 05265 -013 /FL *6327 VERIFICATION We, Frank and Amy L. Orozco, have read the foregoing document and to the extent that it contains facts supplied by us, they are true and correct to the best of our personal knowledge, information and belief; however, to the extent that the foregoing document and /or its language is that of counsel, I have relied upon counsel in making this verification, I make this Verification subject to the penalties of 18 Pa, C.S. §4904 relating to unsworn falsification to authorities. Dated: 3131114 Frank brozco L Amyl. 0 ro 0 i a � � I i i I I �, I i I i i i '� I i I I l i .� - -- -- .. POSERT P. ZIEGLER NEC -ORDER OF DEEDS 2006 SEP 8 PM 1 31 SDI' Rbeutur e Made the 3 y S� day of LA , 206, �Bk�l;tClt Joseph Satiwcin, single ..._,.._.._...._ ............. �. �_ ._..�.._._.�........._.._....._ ..........._....._.- - ---� -w (hereinafter called the Grantor), of the one part, and AmyL. Orem, a married woman ---- -- -- _---------- ---... ......:........ .M._............_._ (hereinafter called the Grantee), of the other part, Wftnt99tt that the said Grantor for and in consideration of the sum of Five Hundred Sixty Thousand And 00/10 Dollars ($560,000.00) lawful money of the United States of America, unto him weII and truly paid by the said Grantoo, at 'or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has gc mted, bargained and sold, released and confirmed, and by there presents does grant, bargain and sell, release and confirm in fee simple unto the said Grantee, her heirs and assigns, ALL that certain lot of unin4nvved land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more partioutarlybounded and described as follows: BEGINMNG at a point on the northern dedicated rlght•of -way line of Souder Court at the dividing line between Lots Nos. 13 and 12 as shown ova the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. 13 and 12, North 2 degrees 46 minutes Bast, a distance of 505.2 feet to a point at lands now or formerly of Milton B, Humor; thence along said latter lands the following two courses and distances: (a) South 83 degrees 2Z minutes 45 seconds Bast, a distance of 141.45 feet to a point; and (b) South 41 minutes Bast, a distance of 501,36 feet to a point on the dedicated right -of -way line of the cul- de-aac end of Souder Court; thence along said dedicated right-of-way line, the following three courses and distances: (a) on a curve to the left having a radius of 50 feet, an am distance of 142.54 feet to a point; (b) on a curve to the right having a radius of 20 feet, an arc distance of 25.62 feet to a monument; and (o) North 87 degrees 14 minutes West, a distance of 54.46 feet to a point on the northern dedicated right-of-way line of Souder Court to a point at to dividing line between Lots Nos. 13 and 12 as shown on the hereinafter mentioned plan of lots, the place of beginning. BMNG Lot No. 13 as shown on a certain plan of lots entitled "Final Subdivision of Enchanted Hills" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 76, Page 37, eoo� 2 PACLr- THE ABOVE DESCRIBED REAL ESTA'T'E is the same real estate which Greater Keystone Properties, Inc., a Pennsylvania busims corporation, by its deed dated May 31, 2005 and recorded June 6, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 269, Page 1157, conveyed to 7oseph Isatkoein, Grantor herein. The above described lot is conveyed UNDER AND BUBJECT, nevortholass, to: (1) The building Bet-back lines and utility easements and drainage easements, if any, as more fully shown, located and defined on the above mentioned plan of lots; (2) The applicable restrictions, covenants and conditions as more fully set forth on the above mentioned plan of lots. (3) The casements and rights- of-way heretofore granted to public utility companies for the use of providing utility services to the subdivision shown on the above described plan of lots; and (4) The restrictions, conditions and covenants as more fully set forth in a certain Am uded Declaration of Covenants and Restrictions dated January 15, 1999 and recorded in the Recorder's Office aforesaid in Miscellaneous Record Book Volume 601, Page 770. THE SCRIVENER OF THIS INDENTURE (David C. Cleaver, Esquire) is in no way certifying to the status of the title of the above premises, and has not searched the records pertaining thereto. Uaetber Wltb all and singular the buildings and Improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of him, the said grantor, as well at law as in equity, of, in and to the same. Q babe 40 W b0lb the said lot or piece of ground described above, with the buildings and improvements thereon erected, hereditaments and promises hereby granted, or mentioned and intended so to be, with the appurtenances, into thv said Grantee, her heirs and assigns, to and for the only proper use and behoof of the said Grantee, her heirs and assigns, forever. 2(nb the. said Grantor, for himself and his heirs, executors and administrators, does, by these presents, covenant, grant and agree, to and with the said Grantee, her heirs and assigns, that-be, the said Grantor, and his heirs, ' all and singular tilt hercditaments and premises herein described and grantod, or mentioned and Intended so to be, with the appurtaaances, unto the said Grantee, her heirs and assigns, against him, the said Grantor, and Wa heirs, and against all and every other person and persons whosoever lewfally claiming or to claim the same or any part tbcreof; by, from or under him, her, it, or any of them, shall and will bpeciarlp Warraut anb ,Iorebpr 3geteub, BOOK 276 PAGE` 8A 1 • 4 no address of the above - named Ghamtee is: i behalf of the Granite Cuaberland County Recorder of Deeds Instrueent Filing Receipt# 625235 i Instr# 2006- 032940 9/08/2006 13:3C 19 i Resarks: CHELSEA SETTLEMENT SERVICES DRDYCD DEED 11 0 DEED - WRIT . 0 DEED - RTT STATE 5 0 CUMBERLAND VALLEY 2800 0 SILVER SPRING TIC' 28(x, DEED - A/H 11 0 J.C.S. / A.T.J. 10 CO IMPROVEMENT FND 2 0 REC. IMPRVNT FW 3, Check# 5781 $5 0 Check# 9705 $, Check# 9706 #5,600. Total Received....... #ii,238 0 i i aDOx 276 PAU28i5 In i hte�g fj the party of the first part has hero mto set his hand and seal, Dated the day Bad year first abovo written, bealeb antb �e[ibereb IN THE PRESENCE OF US: 0. (SEAL) ioviih ratMwIn Cosmmonweahh of Permylvania ss Coutyof OAmb , On thin, the N day of iti , 2006, before me, a Notary public, in and for add Commonwealth and County, the unWa4mil Officer, personally appeared Joseph Katimcin, known to me (or uddacborlly proven) to be the pereou who's name is mbscdW to the whWn bsftmmt, and acl wwkdpd that he executed the same for fire ptupoeea thetsin conWned. IN WITNESS WHEREOF, I hereunto set my hand and official seal, rAMMOMM&TH OF PENNSYLV Notarial Seal Lesik E 7aybr, Notary Public " Hampdse 11wp., Cumberland Cou* My Commisabn Expim Dec. 13, 2009 Pah Member, POMft & Aew*tbn of Notaries My commissian ewes T Ccrt „y 1,,iS !.,d a © 276 mE28iG DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551AA6 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This form recommended and approved for, but not restricted to use by, members of the Pennsylvania Association of REALTORS° (PAR). ASR PARTIES BUYER(S): ERNEST H MARTINEZ TINA M MARTINEZ BUYER'S MAILING ADDRESS: SELLER(S): FRANK AND AMY L OROZCO SELLER'S MAILING ADDRESS: PROPERTY PROPERTY ADDRESS: 6 SOUDER CT in the municipality of SILVER SPRING TOWNSHIP MECHANICSBURG in the School District of CUMBERLAND VALLEY Identification (e.g. Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date): 38130985119 PA 17050 County of CUMBERLAND , In the Commonwealth of Pennsylvania. BUYER'S RELATIONSHIP WITH PA LICENSED BROKER O No Business Relationship (Buyer is not represented by a Broker) Broker (Company) Coldwell Banker Select Professionals Company Address 4075 MARKET ST CAMP HILL. PA 17011 Company Phone Company Fax Broker is: ❑ Buyer Agent (Broker represents Buyer only) Dual Agent (See Dual and /or Designated Agent box below) Licensee(s) (Name) STEVE BICKFORD Direct Phone(s) Cell Phone(s) 717 - 579 -9126 Fax Email sbIckford @cbsp.com LIcensee(s) is: O Buyer Agent with Designated Agency O Buyer Agent without Designated Agency Dual Agent (See Dual and /or Designated Agent box below) 0 Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Buyer) SELLER'S RELATIONSHIP WITH PA LICENSED BROKER 0 No Business Relationship (Seller is not represented by a Broker) Broker (Company) Company Address Company Phone Company Fax SAME Broker is: D Seller Agent (Broker represents Seller only) El Dual Agent (See Dual and /or Designated Agent box below) Licensee(s) (Name) Direct Phone(s) Cell Phone(s) Fax Email SAME Licensee(s) is: • Seller Agent with Designated Agency O Seller Agent without Designated Agency Dual Agent (See Dual and /or Designated Agent box below) 0 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 Agroeemen , Bu ye��r and Seller each acknowledge having been previously informed of, and consented to, dual agency, if applic ble. Buyer Initials: ASR Page 1 of 11 Revised 7/11 OS Seller Initials: COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS° 2011 1/10 DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551AA6 1 1. By This Agreement ,dated DECEMBER 9th 2011 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 $400,000.00 5 6 FOUR HUNDRED THOUSAND AND 00/100 U.S. Dollars), to be paid by Buyer as follows: 7 1. Deposit at signing of this Agreement: $ 8 2. Deposit within 4 days of the Execution Date of this Agreement: $ 1,000.00 9 3. $ 10 4. Remaining balance will be paid at settlement. 11 (B) All funds paid by Buyer, including deposits, will be paid by check, cashier's check or wired funds. All funds paid by Buyer 12 within 30 DAYS or settlement, including funds paid at settlement, will be by cashier's check or wired funds, but not by personal 13 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: ), 16 who will retain deposits in an escrow account in conformity with all applicable laws and regulations until consummation or termination 17 of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of the State 18 Real Estate Commission. Checks tendered as deposit monies may be held uncashed pending the execution of this Agreement. 19 20 3. SELLER ASSIST (IF APPLICABLE) (1 -10) 21 Seller will pay $ or % of Purchase Price (0, if not specified) toward 22 Buyer's 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 45 DAYS AFTER BANK ACCEPTANCE , or before if Buyer and Seller agree. 26 (B) 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 homeowner 30 association fees; water and /or sewer fees, together with any other lienable municipal service fees. All charges will be prorated 31 for the period(s) covered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following 32 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 40 is 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 43 will not enter into any new leases, nor extend existing leases, for the Property without the written consent of Buyer. Buyer will 44 acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise stated in this Agreement. 45 ❑ Tenant - Occupied Property Addendum (PAR Form TOP) is attached. 46 5 DATES/TIME IS OF THE ESSENCE (1 -10) 47 (A) Written acceptance of all parties will be on or before: 48 (B) The Settlement Date and all other dates and times identified for the performance of any of the obligations of this Agreement are 49 of the 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 signing 51 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 53 initialed 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 55 agreement of the parties. 56 (E) Certain terms and time periods are pre - printed in this Agreement as 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 - printed text and inserting different terms acceptable 58 to all parties. 59 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 subdividable} 61 is zoned solely or primarily to permit single - family dwellings) will render the Agreement voidable at Buyer's option, and, if voided, any 62 deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. 63 Zoning Classification: S DS64 Bu y er Initial ceo / ASR Page 2 of 11 Revised 7/11 LC os Seller Initials. ±C DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551AA6 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 7. FIXTURES AND PERSONAL PROPERTY (1 -10) (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, and other items including plumbing; heating; radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (including covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door openers and transmitters; television antennas; unpotted shrubbery, planting and trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen /storm doors; window covering hardware, shades and blinds; awnings; buit -in air conditioners; built -in appliances; the range /oven, unless otherwise stated; and, if owned, water treatment systems, propane tanks, satellite dishes and security systems. Also included: REFRIGERATOR, POOL EQUIPMENT (B) The following items are LEASED (not owned by Seller). Contact the provider /vendor for more information (e.g. water treatment systems, propane tanks, satellite dishes and security systems): (C) EXCLUDED fixtures and items: 8. MORTGAGE CONTINGENCY (1 -10) 0 WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and /or the parties may include an appraisal contingency. ELECTED (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms: First Mortgage on the Property Loan Amount $ Minimum Term 30 years Type of mortgage CONVENTIONAL Loan -To -Value (LTV) ratio: For non -FHANA loans LTV ratio not to exceed Mortgage lender Interest rate 4.00 %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of 438 %. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (exclud- ing any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. Second Mortgage on the Property Loan Amount $ Minimum Term years Type of mortgage Loan -To -Value (LTV) ratio: For non -FHANA loans LTV ratio not to exceed 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 p accent and other fees charged by the lender as a percentage of the mortgage loan (exclud- ing any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. (B) The interest rate(s) and fee(s) provisions in Paragraph 8(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. If lender(s) gives Buyer the right to lock in the interest rate(s), Buyer will do so at least 15 days before Settlement Date. 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 term(s) available to Buyer. (C) Within days (7 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgage application (including payment for and ordering of appraisal and credit reports without delay, at the time required by lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(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. (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial and /or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay of the appraisal), fails to lock in interest rate(s) as stated in Paragraph 8(B), or otherwise causes the lender to reject, refuse to approve or issue a mortgage loan commitment. (E) 1. Mortgage Commitment Date: 10 DAY / SETTLE . Upon receiving a mortgage commitment, Buyer will promptly deliver a copy ofthe commitment to Seller. 2. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate this Agreement by written notice to Buyer. Seller's right to terminate continues until Buyer delivers a mortgage commitment to Seller. Until Seller terminates this Agreement, Buyer is obligated to make a good -faith effort to obtain mortgage financing. 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment: a. Does not satisfy the terms of Paragraph 8(A), OR • b. Contains any condition not specified in this Agreement (e.g. the Buyer must settle on another property, an appraisal must be received by the lender, or the mortgage commitment is not valid through the Settlement Date) that is not satisfied and /or removed in writing by the mortgage lender(s) within 7 DAYS after the Mortgage Commitment Date in paragraph 8(E)(1), or any extension thereof, other than those conditions l are customarily satisfied at or near settlement (e.g., obtaining insurance, confirming employment). 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies will be returned to Buyer according to the terms of Paragraph 23 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) F insuranc&fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Ap.r$isal fees acad ce to mortgage lender(s). Buyer Initials: ASR Page 3 of 11 Revised 7/11 Seller Initials. DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551 AA6 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 (F) If the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortgage lender(s), require repairs 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 and /or insurer, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. 2. If Seller will not make the required repairs, or if Seller fails to respond within the stated time, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the repairs /improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not be unreasonably withheld, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. If Buyer fails to respond within the time stated in Paragraph 8(F)(2) or fails to terminate the Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. 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 Purchase 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 mortgage 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. (1) 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 parties in connection with this transaction is attached to this Agreement. 167 9. CHANGE IN BUYER'S FINANCIAL STATUS (3 -11) 168 In the event of a change in Buyer's financial status affecting Buyer's ability to purchase, Buyer shall promptly notify Seller and lender(s) 169 to whom the Buyer submitted mortgage application, if any. A change in financial status includes, but is not limited to, loss or a change in 170 employment; failure or loss of sale of Buyer's home; Buyer's having incurred a new financial obligation; entry of a judgement against Buyer. 171 Buyer understands that applying for and /or incurring an additional financial obligation may affect Buyer's ability to purchase. 172 173 '10. SELLER REPRESENTATIONS (1 -10) 174 (A) Radon Testing and Remediation (see Notice Regarding Radon) 175 Seller has no knowledge about the presence or absence of radon unless checked below: 176 ❑ 1. Seller has knowledge that the Property was tested on the dates and by the methods (e.g. charcoal canister, alpha track, etc.), 177 which produced the results indicated below: 178 Date Type of Test Results (picoCuries /litre or working levels) Name of Testing Service 179 180 181 ❑ 2. Seller has knowledge that the Property had radon removal system(s) installed as indicated below: 182 Date Installed Type of System Provider 183 184 185 Copies of all available test reports will be delivered to Buyer with this Agreement. Seller does not warrant the meth - 186 ods or the results of radon test. 187 (B) Status of Water 188 Seller represents that the Property is served by: 189 ❑ Public Water ❑ Community Water p On -site Water ❑ None ❑ 190 (C) Status of Sewer 191 Seller represents that the Property is served by: 192 ❑ Public Sewer ❑ Community Sewage Disposal System ❑ Ten -Acre Permit Exemption (see Sewage Notice 2) 193 p Individual On -lot Sewage Disposal System (see Sewage Notice 1) ❑ Holding Tank (see Sewage Notice 3) 194 ❑ Individual On -lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4; if applicable) 195 ❑ None (see Sewage Notice 1) ❑ None Available /Permit Limitations in Effect (see Sewage Notice 5) 196 °S Ds 197 Buyer Initials: os ASR Page 4 of 11 Revised 7/11 Seller Initials: DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551 AA6 198 (D) Historic Preservation 199 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here: 200 201 (E) ❑ Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land 202 Use Restrictions): 203 ❑ Farmland and Forest Land Assessment Act (Clean and Green Program; Act 319 of 1974; 72 P.S. § 5490.1 et seq.) 204 ❑ Open Space Act (Act 442 of 1967; 32 P.S. § 5001 et seq.) 205 ❑ Agricultural Area Security Law (Act 43 of 1981; 3 P.S. §901 et seq.) 206 ❑ Other 207 (F) Seller represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner association 208 assessments have been made against the Property which remain unpaid, and that no notice by any government or public authority 209 has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety, 210 or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute a violation of any such 211 ordinances that remain uncorrected, unless otherwise specified here: 212 213 (G) Seller knows of no other potential notices (including violations) and /or assessments except as follows: 214 215 (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 216 11. WAIVER OF CONTINGENCIES (9 -05) 217 If this Agreement is contingent on Buyer's right to inspect and /or repair the Property, or to verify insurability, environmental 218 conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure 219 to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts 220 the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. 221 12. INSPECTIONS (1 -10) (See Notices Regarding Property and Environmental Inspections) 222 (A) Rights and Responsibilities 223 1. Seller will provide access to insurers' representatives and, as may be required by this Agreement or by mortgage lender(s), to 224 surveyors, municipal officials, appraisers and inspectors. All parties and their real estate licensee(s) may attend any inspections. 225 2. Buyer may make a pre - settlement walk- through inspection of the Property. Buyer's right to this inspection is not waived by any 226 other provision of this Agreement. 227 3. Seller will have heating and all utilities (including fuel(s)) on for all inspections /appraisals. 228 4. AB inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. 229 5. Seller has the right, upon request, to receive a free copy of any inspection report from the party for whom it was prepared. 230 (B) Buyer waives or elects, at Buyer's expense, to have the following Inspections, certifications, and investigations (referred to as 231 "Inspection" or "Inspections ") performed by professional contractors, home inspections, engineers, architects and other properly 232 licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must comply 233 with the Home Inspection Law. (See Notice Regarding the Home Inspection Law) 234 (C) For such elected Inspections, Buyer will, within the Contingency Period(s) stated in Paragraph 13(A), complete Inspections, obtain 235 any Inspection reports or results (referred to as "Report" or "Reports "), and accept the Property, terminate the Agreement, or submit a 236 Written Corrective Proposal(s) to Seller, according to the terms of Paragraph 13(B). 237 Home /Property and Environmental Hazards (mold, etc.) 238 5t1t Buyer may conduct an inspection of the Property's structural components; roof; exterior windows and exterior doors; Waived 239 =X exterior siding, Exterior Insulation and Finish Systems, fascia, gutters and downspouts; swimming pools, hot tubs and /_ 240 spas; appliances; electrical systems; interior and exterior plumbing; public sewer systems; heating and cooling systems; 241 water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square footage; mold and 242 other environmental hazards (e.g. fungi, indoor air quality, asbestos, underground storage tanks, etc.); and any other 243 items Buyer may select. If Buyer elects to have a home inspection of the Property, as defined in the Home Inspection 244 Law, the home inspection must be performed by a full member in good standing of a national home inspection 245 association, or a person supervised by a full member of a national home inspection association, in accordance with 246 the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered 247 engineer or architect. (see Notice Regarding the Home Inspection Law) 248 Wood Infestation 249 , _,Ele t l Buyer may obtain a written "Wood- Destroying Insect Infestation Inspection Report" from an inspector certified as a 250 , aitt ' wood- destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provided Waived 251 by the inspector to Seller. The Report is to be made satisfactory to and in compliance with applicable laws, mortgage _ /_ 252 lender requirements, or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be limited 253 to all readily - visible and accessible areas of all structures on the Property, except fences. If the Inspection reveals 254 active infestation(s), Buyer, at Buyer's Expense, may obtain a Proposal from a wood - destroying pests pesticide 255 applicator to treat the Property. If the Inspection reveals damage from active or previous infestations(s), Buyer may 256 obtain a written report from a professional contractor, home inspector or structural engineer that is limited to 257 structural damage to the property caused by wood - destroying organisms and a Proposal to repair the Property. 258 Water Service 259 rgliAft t Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise Waived 260 _J_ _, qualified water /well testing company. If and as required by the inspection company, Seller, at Seller's expense, will 261 locate and provide access to the on -site (or individual) water system. Seller will restore the Property to its previous 262 condition, at Seller's expense, prior to settlement. 263 Buyer Initials: / ASR Page 5 of 11 Revised 7/11 Seller Initials: " / [-DS DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551AA6 264 Radon 265 II lected Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Agency Waived 266 l nt Twit (EPA) advises corrective action if the average annual exposure to radon is at or exceeds 0.02 working levels or `/_ 267 4 picoCuries /litre (4pCi /L). 268 On -lot Sewage (If Applicable) 269 Buyer may obtain an inspection of the individual on -lot sewage disposal system from a qualified, professional Waived I4 , t 270 / ......Inspector. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to, 271 and empty the individual on -lot- sewage disposal system. Seller will restore the Property to its previous condition, 272 at Seller's expense, prior to settlement. See paragraph 13(C) for more information regarding the Individual On -lot 273 Sewage Inspection Contingency. 274 Property Insurance 275 Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance Waiv 276 /_ for the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate It1M. 277 with the insurer to assist in the insurance process. If the Property is located in a flood plain, Buyer may be required 278 to carry flood insurance at Buyer's expense, which may need to be ordered 14 days or more prior to Settlement Date. 279 Property Boundary 280 Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal r_.Ytlaiwed 281 _/_ description, certainty and location of boundaries and /or quantum of land. Most Sellers have not had the Property rn -. 282 surveyed as it is not a requirement of property transfer in Pennsylvania. Any fences, hedges, walls and other natural 283 or constructed barriers may or may not represent the true boundary lines of the Property. Any numerical 284 representations of size of property are approximations only and may be innaccurate, 285 Deeds, Restrictions and Zoning 286 Elected Buyer may investigate easements, deed and use restrictions (including any historic preservation restrictions or Wain 1 287 _ /_ ordinances) that apply to the Property and review local zoning ordinances. Buyer may verify that the present use I'`A. 288 of the Property (such as in -law quarters, apartments, home office, day care) is permitted and may elect to make the 289 Agreement contingent upon an anticipated use. Present use: 290 Lead -Based Paint Hazards (For Properties prior to 1978 only) 291 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct a ,_W(Ifaived 292 _/_ risk assessment and /or inspection of the Property for the presence of lead -based paint and /or lead based paint haz- f36114, iri,�t 293 ards unless Buyer waives that right. Regardless of whether this inspection is elected or waived, the Residential 294 Lead -Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the 295 Buyer with an EPA - approved lead hazards information pamphlet titled Protect Your Family from Lead in 296 Your Home, along with a separate form, attached to this Agreement, disclosing Seller's knowledge of lead - 297 based paint hazards and any lead -based paint records regarding the Property. (See Notices Regarding 298 Residential Lead -Based Paint Hazards Reduction Act) 299 Elected Other Waived 300 _ / / 301 302 303 The Inspections elected above do not apply to the following existing conditions and /or items: 304 305 306 13. INSPECTION CONTINGENCY (1 -10) 307 (A) The Contingency Period is 10 days (10 if not specified) from the Execution Date of this Agreement for each Inspection elected in 308 Paragraph 11(C), except the following: 309 Inspection Contingency Period 310 ALL INSPECTION CONTINGENCY PERIODS START AT days 311 BANK APPROVAL SIGNATURES days 312 days 313 days 314 (B) Except as stated in Paragraph 13(C), if the result of any inspection elected in Paragraph 12(C) is unsatisfactory to Buyer, Buyer will, 315 with in the stated Contingency Period: 316 1. Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 25 of this Agreement, OR 317 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 318 Paragraph 23 of this Agreement, OR 319 3. Present the report(s) to Seller with a Written Corrective Proposal ( "Proposal ") listing corrections and /or credits desired by 320 Buyer. The Proposal may, but is not required to, include the name of a properly - licensed or qualified professional to perform the 321 corrections requested in the Proposal, provisions for payment, including retests, and a projected date for completion of the correct - 322 ions. Buyer agrees that Seller will not be held liable for corrections that do not comply with mortgage lender or governmental requi- 323 rements if performed in a workmanlike manner according to the terms of Buyer's Proposal. 324 a. No later than days (5 if not specified) from the end of the Contingency Period(s), Seller will inform Buyer in writing that 325 Seller will: 326 (1) Satisfy all the terms of Buyer's Proposal(s), OR 327 (2) Not satisfy all the terms of Buyer's Proposal(s), OR 328 b. If Seller agrees to satisfy the terms of Buyer's Proposal or Buyer and Seller enter into a mutually acceptable written agreement, 329 °S Buyer ac,"-e— st e Property and agrees to the RELEASE in Paragraph 25 of this Agreement. Ds (--Ds ` 330 i1k,Within (2 if not specified) of the receipt of written notification that Seller will not satisfy all td Ts fil'F= e s 331 Buyer Initl , : / ' ASR Page 6 of 11 Revised 7/11 Seller Initials. (, t �/ DocuSign Envelope ID: 39B154FD- E407- 45BA- 9AOB- 806A20551 AA6 332 Proposal, or the time stated in paragraph 13(B)(3)(a) if Seller fails to choose either option in writing, whichever occurs first, 333 Buyer will: 334 (1) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 25 of this 335 Agreement, OR 336 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms 337 of Paragraph 23 of this Agreement. 338 (3) Enter into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the 339 Property and /or any credit to Buyer at settlement, as acceptable to the mortgage lender, If any. 340 If Buyer fails to respond within the time stated in Paragraph 13(B)(3)(c) or fails to terminate this Agreement by written 341 notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this 342 Agreement. 343 (C) If a Report reveals the need to expand or replace the existing individual on -lot sewage disposal system, Seller may, within days 344 (25 if not specified) of receiving the Report, submit a Proposal to Buyer. The Proposal will include, but not be limited to, the name of 345 the company to perform the expansion or replacement; provisions for payment, including retests; and a projected completion date 346 for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no Proposal is provided within the stated time, 347 Buyer will notify Seller in writing of Buyer's choice to: 348 1. Agree to the terms of the Proposal, accept the Property and agrees to the RELEASE in Paragraph 25 of this Agreement, OR 349 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 350 23 of this Agreement, OR 351 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 25 of this Agreement. If required by any 352 mortgage lender and /or any governmental authority, Buyer will correct the defects before settlement or within the time required 353 by the mortgage lender and/or governmental authority, at Buyer's sole expense, with permission and access to the Property given 354 by Seller that may not be unreasonably withheld . If Seller denies Buyer permission and /or access to correct the defects, Buyer 355 may, within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all deposit monies returned to 356 Buyer according to the terms of Paragraph 23 of this Agreement. 357 If Buyer fails to respond within the time stated in Paragraph 13(C) or fails to terminate this Agreement by written notice to 358 Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. 359 14. NOTICES, ASSESSMENTS AND MUNICIPAL REQUIREMENTS (1 -10) 360 (A) In the event any notices, including violations, and /or assessments are received after Seller has signed this Agreement and before 361 settlement, Seller will within 5 DAYS of receiving the notices and /or assessments provide a copy of the notices and /or assess - 362 ments to Buyer and will notify Buyer in writing that Seller will: 363 1. Fully comply with the notices and /or assessments, at Seller's expenses, before settlement. If Seller fully complies with the notices 364 and /or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. OR 365 2. Not comply with the notices and /or assessments. If Seller chooses not to comply with the notices and /or assessments, or fails 366 within the stated time to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS 367 that Buyer will: 368 a. Comply with the notices and /or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in 369 Paragraph 25 of this Agreement, OR 370 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 371 Paragraph 23 of this Agreement. 372 If Buyer fails to respond within the time stated in Paragraph 14(A)(2) or fails to terminate this Agreement by written notice 373 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement 374 (B) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 DAYS prior to 375 Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice 376 of any uncorrected violations of zoning, housing, building, safety or fire ordinances and /or a certificate permitting occupancy of the 377 Property. If Buyer receives a notice of any required repairs /improvements, Buyer will promptly deliver a copy of the notice to Seller. 378 1. Within 5 DAYS of receiving notice from the municipality that repairs /improvements are required, Seller will deliver a copy of 379 the notice to Buyer and notify Buyer in writing that Seller will: 380 a, Make the required repairs /improvements to the satisfaction of the municipality. If Seller makes the required repairs/ 381 improvements, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. OR 382 b. Not make the required repairs /improvements, If Seller chooses not to make the required repairs /improvements, Buyer will 383 notify Seller in writing within 5 DAYS that Buyer will: 384 (1) Make the repairs /improvements at Buyer's expense, with permission and access to the Property given by Seller, which 385 will not be unreasonably withheld, OR 386 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms 387 of Paragraph 23 of this Agreement. 388 If Buyer fails to respond within the time stated in Paragraph 14(B)(1)(b) or fails to terminate this Agreement by written 389 notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this 390 Agreement, and Buyer accepts the responsibility to perform the repairs /improvements according to the terms of the notice 391 provided by the municipality. 392 2. If Seller denies Buyer permission to make the required repairs /improvements, or does not provide Buyer access before Settlement 393 Date to make the required repairs /improvements, Buyer may, within 5 DAYS, terminate this Agreement by written notice to 394 Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. 395 3. If repairs /improvements are required and Seller fails to provide a copy of the notice to Buyer as required In this Paragraph, Seller 396 will perform all repairs /improvements as required by the notice at Seller's expense. Paragraph 14(B)(3) will survive settlement. +sy 0s 397 Buyer Initials: r o n / ASR Page 7 of 11 Revised 7/11 Seller Initials: c-05 e -05 air DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551 AA6 398 15. CONDOMINIUM /PLANNED COMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE (1 -10) 399 Property is NOT a Condominium or part of a Planned Community unless checked below. 400 Ill CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. Section 3407 of the 401 Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Seller to 402 furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and 403 the rules and regulations of the association. 404 © PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the 405 Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) of the Act 406 requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations 407 of the association, and a Certificate containing the provisions set forth in section 5407(a) of the act. 408 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 409 (A) Within 15 DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a 410 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that 411 the association is required to provide these documents within 10 days of Seller's request. 412 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for 413 the failure of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any incorrect information 414 provided by the association in the Certificate. 415 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 416 for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer 417 declaring this Agreement void, all deposit monies will be returned to Buyer according to the terms of paragraph 23 of this 418 Agreement. 419 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will 420 reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the 421 Agreement, and any costs incurred by Buyer for: (1) Title search, title insurance and /or mechanics' lien insurance, or any fee for 422 cancellation; (2) Flood insurance and /or fire insurance with extended coverage, mine subsidence insurance, or any fee for 423 cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 424 16. TITLES, SURVEYS AND COSTS (1 -10) 425 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the 426 regular rates, free and clear of all liens, encumbrances, and easements, excepting however the following: existing deed 427. restrictions; historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements 428 visible upon the ground; easements of record; and privileges or rights of public service companies, if any. 429 (B) Buyer will pay for the following: (1) Title search, title insurance and /or mechanics' lien insurance, or any fee for cancellation; 430 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 431 and charges paid in advance to mortgage lender; (4) Buyer's customary settlement costs and accruals. 432 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal 433 description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by 434 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 435 (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 436 regular rates, as specified in paragraph 16 (A), Buyer may terminate this Agreement by written notice to Seller, with all deposit 437 monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. Upon termination, Seller will reimburse 438 Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and 439 for those items specified in Paragraph 16(B) items (1), (2), (3) and in Paragraph 16(C), unless Buyer accepts existing title. 440 (E) Seller is not aware of the status of oil, gas and mineral rights for Property, unless otherwise stated below: 441 ❑ Seller does not own all subsurface rights to the property. 442 ❑ Oil, Gas and Mineral Rights Addendum (PAR Form OGM) is attached. 443 (F) COAL NOTICE (Where Applicable) 444 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH 445 THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVETHE COMPLETE LEGAL 446 RIGHTTO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 447 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of 448 July 17, 1957, P.L. 984.) "Buyer acknowledges that he may be obtaining the right of protection against subsidence resulting from 449 coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a 450 private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of 451 complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." 452 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 453 (G) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here 454 (see Notice Regarding Recreational Cabins): 455 (H) This property is not subject to a Private Transfer Fee Obligation unless otherwise stated here (see Notice Regarding Private 456 Transfer Fees): 457 ❑ Private Transfer Fee Addendum (PAR Form PTF) is attached. 458 17. MAINTENANCE AND RISK OF LOSS (1 -10) 459 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, 460 normal wear and tear excepted. 461 (B) If any system or appliance included in the sale of Property fails before settlement, Seller will: 462 1. Repair or replace the failed system or appliance before settlement, OR 463 2. Provide prompt written notice to Buyer of Seller's decision to: 464 a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable tot he mortgage lender, 465 if any, OR 466 Buyer Initials: ASR Page 8 of 11 Revised 7/11 Seller Initials: s /-- -DS DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551AA6 467 b. Not repair or replace the failed system or appliance , and not credit Buyer at settlement for the fair market value of the failed 468 system or appliance. 469 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 470 fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, 471 whichever is earlier, that Buyer will: 472 a. Accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement, OR 473 b, Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 474 Paragraph 23 of this Agreement. 475 If Buyer fails to respond within the time stated in Paragraph 17(B)(3) or fails to terminate this Agreement by written 476 notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this 477 Agreement. 478 (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 479 replaced prior to settlement, Buyer will: 480 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 481 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 482 Paragraph 23 of this Agreement. 483 18. HOME WARRANTIES (1 -10) 484 At or before settlement, either party may purchase a home warranty for the Property from a third -party vendor. Buyer and Seller understand 485 that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- existing defects 486 of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that Buyer has 487 elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the home 488 warranty may possibly receive a fee paid by the home warranty company. 489 19. RECORDING (9 -05) 490 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 causes or 491 permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 492 20. ASSIGNMENT (1 -10) 493 This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent assignable, 494 on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless other wise 495 stated in this Agreement. Assignment of this Agreement may result in additional transfer taxes. 496 21. GOVERNING LAW, VENUE & PERSONALJURISDICTION (9 -05) 497 (A) The validity amid construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws 498 of the Commonwealth of Pennsylvania. 499 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either 500 party shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 501 502 22. REPRESENTATIONS (1 -10) 503 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, 504 employees, officers or partners are not part of this Agreement unless expressly incorporated or stated in this Agreement. This 505 Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, 506 representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be 507 altered, amended, changed or modified except in writing executed by the parties. 508 (8) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property 509 specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property 510 IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Buyer acknowledges that Brokers, 511 their licensees, employees, officers or partners have not made an independent examination or determination of the 512 structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted uses, 513 nor of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of 514 the systems contained therein. 515 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 516 (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 517 23. DEFAULT, TERMINATION AND RETURN OF DEPOSITS (1 -10) 518 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return of 519 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 23(B), and this Agreement will be 520 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and /or Seller for the deposit 521 monies. 522 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to 523 determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: 524 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written 525 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. - 526 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, directing 527 Broker how to distribute some or all of the deposit monies. 528 3. According to the terms of a final order of court. 529 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the 530 deposit monies if there is a dispute between the parties that is not resolved. (See Paragraph 23(C)) DS fAlk 531 Buyer Initials: / ASR Page 9 of 11 Revised 7/11 Seller Initials: e--DS �-DS DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551 AA6 532 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that Is unresolved 365 days after 533 the Settlement Date stated in Paragraph 4(A), or any written extensions thereof, the Broker holding the deposit monies will, within 534 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifiable 535 written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior 536 to the receipt of Buyer's request for distribution, Broker will continue to hold the deposit monies until receipt of a written distribution 537 agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any portion 538 of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the 539 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that 540 the parties maintain their legal rights to pursue litigation even after a distribution is made. 541 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 23 or Pennsylvania 542 law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit 543 monies, the attorneys' fees and costs of the Broker(s) and licensee(s) will be paid by the party naming them in litigation. 544 (E) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 545 1. Fail to make any additional payments as specified in Paragraph 2, OR 546 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's 547 legal or financial status, OR 548 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 549 (F) Unless otherwise checked in Paragraph 23(G), Seller may elect to retain those sums paid by Buyer, including deposit monies: 550 1. On account of purchase price, OR 551 2. As monies to be applied to Seller's damages, OR 552 3. As liquidated damages for such default. 553 (G) © SELLER 15 LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 554 555 (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 23(F) or (G), Buyer 556 and Seller are released from further liability or obligation and thls Agreement is VOID. • 557 (I) Brokers and licensees are not responsible for unpaid deposits. 558 24. MEDIATION (1 -10) . 559 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies, 560 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers /Home Buyers Dispute 561 Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation system 562 offered by the local Association of REALTORS °. Mediation fees, contained in the mediator's fee schedule, will be divided equally among the 563 parties and will be paid before the mediation conference. This mediation process must be concluded before any party to the dispute may 564 Initiate legal proceedings in any courtroom, with the exception of filing a summons if it is necessary to stop any statute of limitations from 565 expiring. Any agreement reached through mediation and signed by the parties will be binding (see Notice Regarding Mediation). Any 566 agreement to mediate disputes or claims arising from this Agreement will survive settlement. 567 25. RELEASE (9 -05) 568 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER 569 or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from 570 any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the 571 consequences thereof, whether known or not, which may arise from the presence of termites or other wood - boring insects, radon, 572 lead -based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on -lot sewage 573 disposal system or deficiencies in the on -site water service system, unknown title defects, or any defects or conditions on the 574 Property. Should Seller be in default under the terms of this Agreement, or in violation of any seller disclosure law or regulation, 575 this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This release 576 will survive settlement. 577 26. REAL ESTATE RECOVERY FUND (9 -05) 578 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 579 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after 580 exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783 -3658 or (800) 822 -2113 (within 581 Pennsylvania) and (717) 783 -4854 (outside Pennsylvania). 582 27. COMMUNICATIONS WITH BUYER AND /OR SELLER (1 -10) 583 Wherever this Agreement contains a provision that requires or allows communication /delivery to a Buyer, that provision shall be 584 satisfied by communication /delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to 585 Paragraph 15. If there is no Broker for Buyer, those provisions may be satisfied only by communication /delivery being made directly to 586 the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows communicat- 587 ion /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 588 Seller, those provisions may be satisfied only by communication /delivery being made directly to the Seller, unless otherwise agreed to 589 by the parties. 590 28. SPECIAL CLAUSES (11 -09) 591 (A) The following are part of this Agreement if checked: 592 ❑ Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) 593 ❑ Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Form SSP -CM) 594 ❑ Settlement of Other Property Contingency Addendum (PAR Form SOP) 595 © Short Sale Addendum to Agreement of Sale (PAR Form SHS) 596 ❑ Appraisal Contingency Addendum (PAR Form ACA) 597 ❑ 598 ❑ 599 600 Buyer Initials: DS DS rp_itt -01±4_ ASR Page 10 of 11 Revised 7/11 Seller Initials: DS DocuSign Envelope ID: 39B154FD- E407- 45BA- 9A0B- 806A20551 AA6 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.pameganslaw.state.pa.us. Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real proeprty interests. This includes but is not limited to a sale or exchange, liquidation, redemption, gift, transfers, etc. Persons purchasing U.S. real property interests (transferee) from foreign persons, certain purchasers' agents, and settlement officers are required to withhold 10 percent of the amount realized (special rules for foreign corporations). Withholding is intended to ensure U.S. taxation of gains realized on disposition of such interests. The transferee /Buyer is the withholding agent. If you are the transferee /Buyer you must find out if the transferor is a foreign person. If the transferor is a foreign person and you fail to withhold, you may be liable for the tax. NOTICE REGARDING REAL ESTATE TAXES (Paragraph 2: Purchase Price and Deposits) 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 1 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 for the 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 8: Mortgage Contingency) The appraised value of a Property is used by lenders to determine the maximum amount of a mortgage loan. The appraised value is determined by an independent appraiser, subject to the mortgage lender's underwriter review, and may be higher or lower than the Purchase Price and /or market price of the property. The Loan -To -Value (LTV) is used by lenders as one tool to help assess the potential risk of a mortgage loan. LTV is determined by dividing the requested loan amount by either the Purchase Price or the appraised value of the property, whichever is lower. A particular LTV may be necessary to qualify for certain loans, or Buyers might be required to pay additional fees if the LTV exceeds a specified level. NOTICE REGARDING TRUTH IN LENDING (Paragraph 8: Mortgage Contingency) The Mortgage Disclosure Improvement Act requires mortgage lenders to provide Buyer with a Truth in Lending (TIL) statement at the time of mortgage application (early disclosure) and anytime thereafter (re- disclosure) if the annual percentage rate (APR) changes by more than .125 percent. Settlement cannot occur within 7 days of the early disclosure or within 3 days of re- disclosure. If a re- disclosure of a TIL statement is made within 3 days of the Settlement Date in the Agreement, settlement for the Property would have to occur after the Settlement Date stated. Buyer and Seller are advised that the APR may be changed by more than .125 percent by factors including, but not limited to, Seller credits, changes in loan amount or duration, and Settlement Date change. If the Buyer and Seller agree to modify the Settlement Date in response to the TIL statement waiting period, or for any other reason, it should be done in writing and with the signatures of both parties. Buyer Initials: roDS ��I � + FOS 5r , Back of Page 1 Seller Initials: DocuSign Envelope ID: 3913154FD-E407-45BA-9A013-806A20551AA6 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 (8) Additional Terms: 1. This transaction is subject to the approval of all mortgage holders. If all mortgage holders approval(s) are not received, this contract shall be considered terminated and of no further force or effect and Buyer's earnest money deposit shall be returned to Buyer without interest or penalty. 2. This contract is contingent upon all mortgage holders accepting a discount without causing the Seller to have any financial obligation to the lender(s). 3. This contract becomes null and void if all terms in the listing contract are not met by mortgage holders. 4. If all mortgage holders' written approval(s) of this short sale contract, as written, is not received by <insert date here>, Buyer and Seller release and discharge each other, all brokers and their licensees, heirs, executors, administrators, successors, and assigns from any and all obligations that are stated in this contract, as well as any claims that may arise from or relate to this contract -and- Buyer and Seller agree to return 100% of earnest money deposit money to Buyer. (An escrow disbursement and mutual release based on these conditions/dates agreed upon by Buyer and Seller when contract is ratified DOES REQUIRE the broker to return escrow per agreement of both parties when these conditions/dates are met. Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 619 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which counterparts 620 together shall constitute one and the same Agreement of the Parties. 621 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult a 622 Pennsylvania real estate attorney before signing if they desire legal advice. 623 Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the signatures of 624 all parties, constitutes acceptance by the parties. 625 626 627 628 629 630 631 632 633 634 uyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. code §35.336. uyer has received a statement of Buyer's estimated dosing costs before signing this Agreement. uyer has read and understands the notices and explanatory information in this Agreement. Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see r- At Information Regarding the Real Estate Seller Disclosure Law). , J Buyer has received the Deposit Money Notice (for cooperative sales when Broker for seller is holding deposit money) neNt Gt before signing this Agreement. k A. Buyer has received the Lead-Based Paint Hazards Disclosure, which is attached to this Agreement of Sale, and the pamphlet Protect Your Family from Lead in Your Home (for properties built prior to 1978) 635 WITNESS 636 WITNESS 637 WITNESS .4.--DOC8Sioned by BUYER f71/1A4" 1144Y6IA.A.A) ...141rothAlstiiNI4DE BUYER Dika lt kolival BUYER \---F8B4D3894BCB41E... DATE Dec 9, 20111/7/2012 DATE Dec 9, 20111/7/2012 DATE 638 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. 639 Seiler has received a statement of Seller's estimated closing costs before signing this Agreement. 640 Seller has-read and understands the notices and explanatory information in this Agreement. 641 WITNESS 642 WITNESS 643 WITNESS DocuSigued SELLER SELLE 6900800 4CE .. BC3977880626427 SELLER ASR Page 11 of 11 Revised 7/11 DATE 1/20/2012 DATE 1/13/2012 DATE DocuSign Envelope ID: 59EA876F- FA57- 4FE9- B24A- 2AFCDFCF4483 . PRE - SETTLEMENT POSSESSION ADDENDUM TO . AGREEMENT OF SALE 1 2 3 4 This fonn recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS• (PAR). Soctd -er CIL. iV' CS' PROPERTY SELLER . oat, 4- M v i -.c:,C� BUYER t 1 Nei c4. 77 4 t'7 ii14 Z- DATE OF AGREEMENT AR g p 1/ rig /7,5v PRE s . 1.. PURPOSE. Seller gives Buyer the right to occupy the Property before the date of settlement under the following terms and con- s ditions and for the limited purposes checked below: 7 � Move in personal property (for example, furnishings) and physically occupy the Property. 6 ❑ Store personal property without physically occupying the Property. s ❑ Store personal property in the following areas, without physically occupying the Property: 10 ❑ Make repairs and/or improvements to the Property, in a workmanlike manner, as follows: 11 12 13 14 15 2. OCCUPANCY DATE. Buyer will occupy the Property, as agreed to above, beginning .042...6 em ‘-tr / o2c // 16 17 10 3. VACATING DATE. In the event settlement does pot take place, Buyer will vacate the Property ^^r.: e:-bef rc- 19 f25�5'eiffemPn1 20 co 21 4.. OCCUPANCY FEE. Buyer agrees to pay Seller a daily Occupancy Fee of $ 000 . from the Occupancy Date 22 until settlement On or before the Occupancy Date, Buyer agrees to pay the daily fee from the Occupancy Date to the end of the . 23 next calendar month. Thereafter, the fees will be paid in monthly installments, in advance, on or before the dayaf each 24 month. The fees will be paid directly to Seller. In the event Seller has collected any Occupancy Fees for g s. aglifter settle - 25 went, Seller will reimburse those fees to Buyer at settlement. If settlement does not take place, Buyer will continue to pay the 26 Occupancy Fee until Buyer vacates the Property. 27 25 5. DEPOSITS. On or before the Occupancy Date, Buyer will pay an Additional Deposit on Account of the Purchase Price in the 29 amount of $ `1:9" . This Additional Deposit will be paid to the Listing Broker, if any, otherwise to Selling 30 Broker, who will retain this Deposit in an escrow account in conformity with all applicable laws and regulations. In the event 31 settlement does not take place, and provided that Buyer has not defaulted in the performance of any provision in the Agreement 32 of Sale or this Addendum, Buyer will be reimbursed all deposit monies paid by Buyer, less any Occupancy Fees due and owing 33 and less sums to cover damages to the Property. 34 35 6. PROPERTY INSPECTION. Before the Occupancy Date, Buyer will make the pre - settlement inspection specified in the 36 Agreement of Sale. 37 38 7. UTILITIES. Beginning on the Occupancy Date, Buyer will pay operating and utility charges connected with the use of the Property • 39 as follow 40 I,g, e.1ectricity bage & trash collection 41 1:r gas . snow removal 42 ❑ water ❑ 43 ❑ sewage ❑ 44 awn � bbery care ❑ 45 Buyer Initials: ••�0 I Pennsylvania Association of REALTORS® PRE Page 1 of 2 Seller Initials: DS PO 716;" COPYRIGHT PENNSYLVANIA ASSOCIATION. OF REALTORS® 2006 • 05/06 DocuSign Envelope ID: 59EA876F- FA57- 4FE9- B24A- 2AFCDFCF4483 46 8. PETS. Pets allowed on the Property before settlement only as follows: 47 48 49 50 51 9. MAINTENANCE. Buyer agrees to maintain the Property in its present condition, normal wear and tear excepted, and to abide 52 by Seller's rules of occupancy, if any, as attached to this Addendum. 53 54 10. CHANGES TO THE PROPERTY. Buyer will not make any alterations or improvements to the Property unless agreed to in 55 writing by Seller. 56 57 11. PROPERTY INSURANCE. Buyer and Seller are advised to contact their insurer prior to signing this Addendum., 58 (A) If Seller has fire, casualty, and Seller's liability insurance, Seller will maintain the insurance until settlement. 59 (B) Seller is not responsible for personal property or other items placed 4 thf Property by Buyer. 60 (C) Buyer will obtain liability insurance coverage in the amount of $ /41-11.4.e . , naming Seller as Additional 61 Insured. Buyer is advised to insure Buyer's personal property (contents). 62 63 12. ENTRY. Seller or Listing Broker may enter the Property at any time in the event of an emergency, otherwise on a weekly basis, 64 with 24 hours' prior notice to Buyer. 65 ss 13. BUYER'S DEFAULT. The time for the performance of any of the obligations of this Addendum are hereby agreed to be of the 67 essence. Should Buyer violate or fail to perform under the terms of this Addendum or of the Agreement of Sale: 68 (A) Buyer will immediately vacate the Property and Seller will be entitled to immediate possession. Buyer agrees that Seller 69 may institute proceedings to recover possession without first giving Buyer notice. 70 (B) Seller has the option of retaining all deposit monies paid on account of purchase price as provided in the Agreement of Sale 71 and any other monies as required by this Addendum. 72 (C) In the event that Seller institutes legal proceedings to recover sums due and owing under the terms of this Addendum or to 73 have Buyer removed from the Property, Buyer will pay to Seller all costs that Seller incurs as a result, including court costs 74 and attorneys' fees. 75 76 14. ASSIGNMENT. Buyer may not assign Buyer's rights under this Addendum or lease the Property to any person(s) or entity. 77 78 15. INDEMNIFICATION. Buyer will indemnify and hold harmless SELLER, all BROKERS, their LICENSEES, EMPLOY - 79 EES, and any OFFICER or PARTNER of any one of them, and any other PERSON, FIRM, or CORPORATION who 80 may be liable by or through them, from all claims, lawsuits, and actions that arise from, or occur during Buyer's occu- 81 panty or use of the Property. Buyer will defend Seller from all such suits and claims, and pay Seller's costs, including 82 attorneys' fees and damages awarded. 83 84 16. SURVIVAL. This Addendum and related terms in the Agreement of Sale will survive settlement. 85 86 87 Alll other ter>ps and conditions of the Agree `mnent of Sale remain unchanged and in full effect. eS 89 'P °'�'1 Q S G f '�1 �. •,.,. (5 -Ca-1 90 91 92 WITNES r BUYE sue" .,� DATE ) Z= T, ZZS( 93 WITNESS DATE .67 —c� f 94 WITNESS BUYER /�� DATE 95 WITNESS SELLERS , — _ DATE 12/10/2011 96 WITNESS SELLE ft llvr °ir DATE 12/9/2011 97 WITNESS SELLE PRE Page 2 of 2 DATE i 1 1 DocuSign Envelope ID: 5917924C- C4EA- 4799- 9BDD- 6D539D31 COD9 CONSUMER NOTICE THIS IS NOT A CONTRACT CN 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 (RELRA) 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 prop- erty 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 fmd 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 desig- nated 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 transa- ction 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 asking/listing 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. (—Ds tif Ds 12/08 • 1 DocuSign Envelope ID: 5917924C- C4EA- 4799- 9BDD- 6D539D31 COD9 • • 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 Iicensee'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. I acknowledge that I have received this disclosure. Date Dec 9, 20111/7/2012 Date Dec 9, 2011 1/12/2012 ACKNOWLEGDGMENT ERNEST H MARTINEZ (Consumer's Printed Name) • TINA M MARTINEZ (Consumer's Printed Name) , DocuSigned by. R (consumM iia161 5t" — DDocuSigned by 114, hartikkA) (corktri SQ t@fr01 E... I certify that I have provided this document to the abov/ consumer. Date Dec 9, 2011 STEVE BICKFORD (Licensee's Printed Name) (Licensee's Signatur RS211835L Adopted by the State Real Estate Commission at 49 Pa. Code §35.336 (License #) DocuSign Envelope ID: 5917924C -C4EA- 4799- 9BDD- 6D539D31 COD9 BUYER (TENANT) AGENCY CONTRACT This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS' (PAR). Note: The terms "buyer, "'seller," "agreement of sale," and "purchase" also will be construed to mean "tenant, "landlord, "'ease, "and "rent "respectively, throughout this agreement. BROKER (Company) Coldwell Banker Select Professionals LICENSEE(S) (Name) STEVE BICKFORD Company Address 4075 MARKET ST 5 Company Phone Company Fax CAMP HILL PA 17011 7 BUYER ERNEST H MARTINEZ BAC Direct Phone(s) Cell Phone(s) 717 - 579 -9126 Fax Email sbickford @cbsp.com TINA M MARTINEZ 9 BUYER'S MAILING ADDRESS 10 11 PHONE FAX 12 EMAIL 13 Buyer understands that this Buyer Agency Contract is between Broker and Buyer. 1,1 Does Buyer have a Buyer Agency Contract with another broker? E Yes © No 1:'; If yes, explain: 1 b 1. STARTING & ENDING DATES OF LISTING CONTRACT (ALSO CALLED "TERM ") 17 (A) No Association of REALTORS° has set or recommended the term of this contract. Broker /Licensee and Buyer have discussed and 18 and agreed upon the length or term of this Contract. Broker may be paid a fee that is a percentage of the purchase price. Even though 19 though Broker's Fee, or a portion of it, may be paid by seller or listing broker, Broker will continue to represent the interests of Buyer. 20 (B) This Contract applies to any property that Buyer chooses to purchase during the term of this Contract. Buyer will not 21 enter into a Buyer Agency Contract with another broker /licensee that begins before the Ending Date of this Contract. 22 Starting Date: This Contract starts when signed by Buyer and Broker, unless otherwise stated here: 23 Ending Date:This contract ends at 11:59 PM on settlement 24 (C) If Buyer is negotiating or has entered into an Agreement of Sale, this Contract ends upon settlement. 25 2. BROKER'S FEE . 26 (A) No Association of REALTORS° has set or recommended the Broker's Fee. Broker and Buyer have negotiated the fee Broker will 27 receive for performing real estate services for Buyer. 28 (B) Broker's Fee, paid by Buyer to Broker, is as follows: 29 1. (a) In a purchase transaction with a seller represented by a real estate broker the fee is 2.5 % of the sales price OR 30 $ , whichever is greater, AND $ 295.00 31 (b) In a purchase transaction with a seller who is not represented by a real estate broker the fee is 2.5 %ofthe sales 32 price or $ , whichever is greater, AND $ 33 2. Broker's Fee in event of lease transaction is: ONE MONTH RENT 34 3. It is Broker's policy to accept compensation offered by the listing broker. If the amount received from the listing broker 35 is less than the amount in paragraph 2(B)1, in a purchase transaction, or 2(B)2, in a lease transaction, Buyer will pay Broker 39 the difference, unless seller agrees to pay the difference as a term In the agreement of sale. 37 4. $ of Broker's Fee is earned and due (non - refundable) at signing of this Buyer Agency Contract. 38 5. Other 39 (C) 40 42 }3 1. The balance of Broker's Fee is earned if Buyer enters into an agreement of sale during the term of this Contract, whether brought about by Broker, Broker's Licensees) or by any other person, including Buyer. If Buyer defaults on the terms of an agreement of sale, Broker's Fee will be paid by Buyer to Broker at that time. 2. If Buyer enters into an agreement of sale for a property after the Ending Date of this Contract, Buyer will pay Broker's Fee if: 44 (a) The agreement of sale is a result of Broker's actions during the term of this Contract, OR 45 (b) The property was seen during the term of this Contract, AND 49 (c) Buyer is not under an exclusive buyer agency contract with another broker at the time Buyer enters into an agreement X1'7 of sale. 48 (D) Buyer is advised that contacting a listing broker or seller directly may compromise Broker's ability to earn a compensation 49 from a listing broker and could result in Buyer's obligation to pay a fee to Broker. 50 3. DUAL AGENCY 51 Buyer agrees that Broker and Broker's Licensee(s) stated above may also represent the seller(s) of the property Buyer might buy. S'? A Broker is a Dual Agent when a Broker represents both Buyer and a seller in the same transaction. A Licensee is a Dual Agent when 53 a Licensee represents a Buyer and a seller in the same transaction. All of Broker's licensees are also Dual Agents UNLESS there are 54 separate Designated Agents for Buyer and a seller. If the same Licensee is designated for Buyer and a seller, the Licensee is a Dual b5 Agent. B bind ., • s that Broker is a Dual Agent when Buyer is viewing properties listed by,Broker. 56 B}ayer Initia : Pennsylvania Association of REALTORS' BAC Page 1 of 3 Broker /Licensee Initia COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS° 2011 2/11 • DocuSign Envelope ID: 5917924C- C4EA- 4799- 9BDD- 6D539D31 COD9 57 4. DESIGNATED AGENCY 58 Designated Agency if applicable, unless checked below, Broker designates the Licensee(s) stated above to exclusively represent the 59 interests of Buyer. If Licensee is also the Seller's Agent, then Licensee is a DUAL AGENT. 60 Designated Agency is not applicable. 61 5. CONFLICT OF INTEREST 62 It is a conflict of interest when Broker or Licensee has a financial or personal interest in the property and /or cannot put Buyer's t interests before any other. If Broker, or any of Broker's licensees, has a conflict of Interest, Broker will notify Buyer In a timely 64! manner. 65 6. BROKER'S SERVICES TO SELLER 66 Broker may provide services to a seller for which Broker may accept a fee. Such services may include, but are not limited to, listing 67 property for sale; representing the Seller as Seller Agent; deed /document preparation; ordering certifications required for closing; 68 financial services; title transfer and preparation services; ordering insurance, construction, repair, or inspection services. 69 7. OTHER BUYER 70 Broker /Licensee may show the same properties to other buyers and may represent those buyers in attempts to purchase the same 7I property. 7 2 8. NO OTHER CONTRACTS 73 Buyer will not enter into another buyer agency contract with another broker that begins before the Ending Date of this Contract. 74 9. ENTIRE CONTRACT 7� This Contract is the entire agreement between Broker and Buyer. Any verbal or written agreements that were made before are not a 76 part of this Contract. .17 10. CHANGES TO THIS CONTRACT All changes to this Contract must be in writing and signed by Broker and Buyer. 79 11. TRANSFER OF THIS CONTRACT 80 Buyer agrees that Broker may transfer this Contract to another broker when: 81 (1) Broker stops doing business, OR 92 (2) Broker forms a new real estate business, OR 83 (3) Broker joins his business with another. 81 Broker will notify Buyer immediately in writing If Broker transfers this Contract to another Broker. Buyer will follow all requirements 85 of this Contract with the new broker. 86 12. CONFIDENTIALITY 87 Buyer understands that seller or sellers' representatives might not treat the existence, terms or conditions of any offers as 36 confidential unless there is a confidentiality agreement between Buyer and the seller. 89 13. EXPERTISE OF REAL ESTATE AGENTS 90 Pennsylvania real estate agents are required to be licensed by the Commonwealth of Pennsylvania and are obligated to disclose 91 adverse factors about a property that are reasonably apparent to someone with expertise in the marketing of real property. 92 (A) If Buyer wants information regarding specific conditions or components of the property which are outside the Agents expertise, 93 Buyer is encouraged to seek the advise of an appropriate professional. 94 (B) If Buyer wants financial, legal, or any other advice, Buyer is encouraged to seek the services of an accountant, lawyer, or other 95 appropriate professional. 96 12. DEPOSIT MONEY a'7 (A) Broker will keep (or will give to the listing broker, who will keep) all deposit monies that Broker /Licensee receives in an escrow 98 account as required by the real estate licensing laws and regulations until the sale is completed or an agreement of sale is 99 terminated, or the terms of a prior written agreement between the Buyer and a seller have been met. Buyer and Seller may 100 name a non - licensee as the escrow holder, in which case the escrow holder will be bound by the terms of the escrow agreement, 101 not buy the Real Estate Licensing and Registration Act. 102 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies 103 to determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit 104 monies: 105 1. If an agreement of sale is terminated prior to the settlement and there is no dispute over entitlement to the deposit monies. 106 A written agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 107 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, directing 108 Broker how to distribute some or all of the deposit monies. 109 3. According to the terms of a final order of court. 110 4. According to the terms of a prior written agreement between Buyer and Selier that directs the Broker how to distribute the 111 deposit monies if there is a dispute between the parties that is not resolved. 112 (C) Buyer agrees that if Buyer names Broker or Broker's licensee(s) in litigation regarding deposit monies, the attorneys' fees and 113 costs of the Broker(s) and licensee(s) will be paid by Buyer. 114 15. CIVIL RIGHTS ACTS 115 Federal and state laws make it illegal for a seller, broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, 116 DISABILITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE 117 OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO AN INDIVIDUAL 118 KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as 119 reasons for argdecision relating to the sale or rental of property. 120 Buyer Initials BAC Page 2 of 3 Broker /Licensee Initials.: DocuSign Envelope ID: 5917924C- C4EA- 4799- 9BDD- 6D539D31 COD9 121 16. NOTICE REGARDING CONVICTED SEX OFFENDERS (MEGAN'S LAW) 112 The Pennsylvania General Assembly has passed legislation (often referred to as "Megan's Law," 42 Pa.C.S. §9791 et seq.) providing 123 for community notification of certain convicted sex offenders. Buyers are encouraged to contact the municipal police department '124 or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property, orto check. 25 the information on the Pennsylvania State Police Web site at www.pameganslaw.state.pa.us. 126 17. BUYER INSPECTIONS 127 128 129 130 131 132 133 134 135 136 137 1313 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Buyer has read and received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. (A) Unless Buyer and a seller agree otherwise, real estate is sold IN ITS PRESENT CONDITION. It is Buyer's responsibility to determine whether the condition of the property is satisfactory. Buyer is advised to carry out an inspection, at Buyer's expense, by qualified professionals to determine the condition of the structure or its components. Areas of concern may include, but are not limited to: electrical; plumbing; heating, ventilating and air conditioning; appliances and fixtures; water infiltration; basement; roof; property boundaries; asbestos, mold and indoor air quality, carbon monoxide, radon, and environmental hazards or substances; wood- destroying insect infestation; on -site water service and /or sewage system; property insurance; deeds, restriction and zoning; and lead -based paint. Buyer should discuss inspections and any special needs with Licensee. (B) Buyer is advised that information regarding properties considered for purchase by Buyer has been provided by a seller or a seller's broker. Such information may include, but is not limited to, the information on the Seller's Property Disclosure Statement, including environmental conditions; MIS information, including information regarding restrictions, taxes, assessments, association fees, zoning restrictions, dimensions, boundaries (if identified); and marketing information. Unless otherwise noted, Broker has not verified the accuracy of this information, and Buyer is advised to investigate its accuracy. 18. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgement) against a Pennsylvania real estate license because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays persons who have not been able to collect the judgement after trying all lawful ways to do so. For complete details about the Fund, call ( 717) 783 -3658, or (800) 822 -2113 (within Pennsylvania) and (717) 783 -4854 (outside Pennsylvania). 19. SPECIAL CLAUSES A. The following are part of this Buyer Agency Contract if checked: ❑ Single Agency Addendum (PAR Form SA) 0 B. Additional Terms: 159 Buyer has read the entire Contract before signing. Buyer must sign this Contract. 160 Buyer gives permission for Broker to send information about this transaction to the fax number(s) and /or email address(es) 161 listed. 152 Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the 163 signatures of all parties, constitutes acceptance by the parties. 164 This contract may be executed in one or more counterparts, each of which shall be deemed to be an original and which coun- 165 terparts together shall constitute one and the same Agreement of the Parties. 166 NOTICE BEFORE SIGNING: IF BUYER HAS LEGAL QUESTIONS, SELLER I5 ADVISED TO CONSULT A PENNSYLVANIA REAL 167 ESTATE ATTORNEY DawSigned by. 168 BUYER 1 'S'1A,t,Sf k rtiLaY%twAj 169 BUYER -m J 14OE... 170 BUYER F8S4D3894BCB47 E... IA 1 /y 171 BROKER (Company Name) Coldwell Banker Select Pr essiona 172 ACCEPTED ON BEHALF OF BROKER BY BAC Page 3 0 DATE 12/9/2011 DATE 12/9/2011 DATE 1/7/2012 1/12/2012 DATE 12/9/2011 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND ��������� ^�" "~~o�". . ~° =°" " "~�~~ ��v ~�~�o°.��~."^~�"�"~=° COUNTY . R'L,F:L) F�[! TH—pROTHONClL� n011f APR —8 pH 3/ 35 CUMBERLAND COUNTY PENNSYLVANIA Frank Orozoco (et al.) vu. Ernest H Martinez (et al.) Case Number SHERIFF'S RETURN OF SERVICE 0403/2014 04:10 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Tina Martinez, wfe, who accepted as "Adult Person in Charge" for Ernest H Martinez at 6 Souder Court, Silver Spring, Mechanicsburg, PA 17050. NOAH CLINE, DEPUTY 0403/2014 04:10 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint & Notice by 'personaily' handing a true copy to a person representing themselves to be the Defendant, to wit: Tina Martinez at 6 Souder Court, Silver Spring, Mechancisburg, PA 17050. NOAH CLINE, DEPUTY SHERIFF COST: sS5.7A SO ANSWERS, April 04, 2014 (c) CountySuite Sheriff, Te!eoseft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANK OROZCO, and AMY L. OROZCO Plaintiffs v. ERNEST H. MARTINEZ, and TINA M. MARTINEZ Defendants FILED -OFFICE _ OF THE PROTHONOTARY MAY -2 PM 2: 36 C'JMBERLAdiO COUNTY PENNSYLVANIA No.: 14-1949 NOTICE TO PLEAD CIVIL To Plaintiffs: You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. David J. Lenox, E'quire Attorney for Defendants David J. Lenox, Esquire Attorney I.D. Number 29078 8 Tristan Drive, Suite 3 Dillsburg, PA 17019 717-271-7175 (phone) 717-271-7178 (fax) Iaw@davidjlenox.comcastbiz.net Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANK OROZCO, and AMY L. OROZCO Plaintiffs No.: 14-1949 CIVIL v. ERNEST H. MARTINEZ, and TINA M. MARTINEZ Defendants PRELIMINARY OBJECTIONS Defendants Ernest H. Martinez, and Tina M. Martinez, by their counsel, David J. Lenox, assert the following Preliminary Objections to plaintiffs' Complaint: I. PRELIMINARY OBJECTION BASED ON PA.R.C.P 1028 9(A)(2), LACK OF CONFORMITY TO LAW OR RULE OF COURT, AND PA.R.C.P. 1019(i), FAILURE TO ATTACH WRITING. 1. Plaintiffs complaint, with exhibits, is attached hereto as Exhibit A to these preliminary objections. 2. Plaintiffs' claim is in part based on an alleged "approval" of the Short Sale by the lender "given on March 21, 2012." (See paragraph 9 of the complaint.) 3. Said approval is an essential element of plaintiffs' complaint as it triggered the settlement date and resulting vacating date of the defendants' right to occupancy as alleged in paragraph 5 of the Complaint. 4. Defendants were not then made aware, nor are they even now aware that any such approval was ever given, and doubt the existence of same. 5. As an essential basis of plaintiffs' claim the written document expressing such approval must be attached to the Complaint under Pa.R.C.P. 1019(i). 6. No written document approving such short sale or material part thereof was attached to the Complaint, and therefore, defendants raise this preliminary objection under Pa.R.C.P 1028 9(a)(2) and Pa.R.C.P. 1019(i). II. PRELIMINARY OBJECTION BASED ON PA.R.C.P. 1028 (A) (6), AGREEMENT FOR ALTERNATIVE DISPUTE RESOLUTION. 7. The written agreement of sale and its attached addendum is subject to the party's agreement in paragraph 24 thereof to submit all claims to mediation, and binding themselves to conclude such mediation before resorting to the court's jurisdiction. r 8. No such mediation has been initiated, conducted or concluded in this case, and therefore, defendants raise this preliminary objection under Pa.R.C.P. 1028 (a) (6). WHEREFORE, defendants respectfully request that plaintiffs Complaint be dismissed. Dated: May 1, 2014 Respectfully submitted, David J. Le •x, Es: ire Attorney for Defendants Attorney I.D. Number 29078 8 Tristan Drive, Suite 3 Dillsburg, PA 17019 717-271-7175 Exhibit A FRANK OROZCO and AMY L. OROZCO Plaintiffs v. ERNEST H. MARTINEZ and TINA M. MARTINEZ Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL ANIA CIVIL NOTICE )tri_ pyq !U/ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 TRUE COPY FROM RECORD In Testimony whereof; I here unto set my hand and the seal of said Court at Carlisle, Pa. This a2 day of apt /, 20 Prothonotary 12),ke a FRANK OROZCO and AMY L. OROZCO Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ERNEST H. MARTINEZ and TINA M. MARTINEZ CIVIL Defendants AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin Inas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 ` Peter M. Good, Esquire Attorney I.D. No. 64316 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 717-232-7661/Fax pgood( cklegal.net Attorney for Plaintiffs FRANK OROZCO and AMY L. OROZCO Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ERNEST H. MARTINEZ and TINA M. MARTINEZ CIVIL Defendants COMPLAINT UPON AN ACTION IN EJECTMENT Plaintiffs, Frank Orozco and Amy L. Orozco, by and through their attorneys, Caldwell & Kearns, P.C., file the following Complaint Upon an Action in Ejectment against Defendants, and in support thereof aver as follows: 1. Plaintiffs, Frank Orozco and Amy L. Orozco (hereinafter "Plaintiffs") are married adult individuals currently residing at 1024 Hidden Jewel Lane, Wake Forest, North Carolina 27587. 2. Defendants, Ernest H. Martinez and Tina M. Martinez (hereinafter "Defendants") are married adult individuals currently squatting at 6 Souder Court, Mechanicsburg, Cumberland County, PA 17050, Tax ID #38-13-0985-119 (hereinafter the "Property"). 3. Plaintiffs are the owners of the Property. A true and correct copy of Plaintiffs' deed to the Property, recorded in the Office of the Cumberland County Recorder of Deeds on September 8, 2006 at Book 276, Page 2813, is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Pursuant to an Agreement of Sale dated December 9, 2011 (hereinafter "the Agreement"), Plaintiffs agreed to sell the Property to Defendants. A true and correct copy of the Agreement is attached hereto as Exhibit "B" and incorporated herein by reference. 5. On December 10, 2011, the parties executed a Pre -Settlement Possession Addendum to the Agreement of Sale (hereinafter "Addendum") which provided that, in the event settlement does not take place, Defendants would vacate the Property "two (2) days past settlement." The Addendum also provided that, in the event of Defendant's defaulting under the Addendum or the Agreement, "Buyer will immediately vacate the Property." 6. The Addendum also provides that "in the event that Seller institutes legal proceedings ... to have Buyer removed from the Property, Buyer will pay to Seller all costs that Seller incurs as a result, including court costs and attorney's fees." 7. Pursuant to the Agreement, Defendants agreed to pay Plaintiffs a $2,000.00 occupancy fee at the outset of their possession, which was to begin December 15, 2011. After that date, for the months of February 15 to March 15 on, Defendants were to pay Plaintiffs $1,500.00 per month for their occupancy. 8. Defendants paid the initial $2,000.00 fee, but failed to pay any monthly payments under the Addendum. Defendants' failure to pay the monthly fees constitutes a breach of the Addendum. 9. Pursuant to the Agreement, settlement was to be held 45 days after approval of the Short Sale by the lender, which approval was given on March 21, 2012. Therefore, settlement was to be held on May 5, 2012 (hereinafter "the Settlement Date"). 10. Pursuant to the Agreement, the settlement date was of the essence and could not be extended except by written agreement of both parties to the transaction. 11. Defendants failed to settle on the Property by the Settlement Date. Defendants' failure to settle by that date constitutes a breach of the Agreement. 12. Defendants have breached both the Agreement of Sale and the Addendum by failing to purchase the Property and failing to pay Plaintiff's rent as agreed upon under the Addendum. 13. Pursuant to the Addendum, upon default of either the Addendum or the Agreement, Defendants were to immediately vacate the Property. 14. By failing to pay for the month starting February 15, 2011 and ending March 15, 2011, Defendants first breached the Addendum on March 16, 2011. Therefore, they were obligated to immediately vacate the Property and Plaintiffs were entitled to immediate possession of the Property. 15. By failing to settle on the Property by the Settlement Date, Defendants breached the Agreement on May 6, 2012, and were again obligated to immediately vacate the Property and Plaintiffs were again entitled to immediate possession thereof. 16. Pursuant to the Agreement, if settlement does not take place, Defendants "will continue to pay the Occupancy Fee until [Defendants] vacate the property." 17. To date, Defendants have not vacated the Property as they are obligated under the Agreement and the Addendum. 18. To date, after 37 unpaid months of occupancy at $1,500.00 per month, Defendants owe Plaintiffs $55,500.00 in back Occupancy Fees pursuant to the Addendum. 19. It is believed and therefore averred that Defendants have caused damages to the Property during their occupancy, and are therefore liable to Plaintiffs for cost of repair of the damages or replacement of any materials, fixtures, or other property. 20. Plaintiffs have expended legal fees and court costs in attempting to recover sums due under the Addendum and to have Defendants removed from the Property. 21. Pursuant to the Addendum, Plaintiffs are entitled to attorney fees and court costs expended in removing Defendants from the property and recovering any sums due under the terms of the Addendum. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter an Order ejecting Defendants, Ernest H. Martinez and Tina M. Martinez, from Plaintiff's Property and awarding Plaintiffs damages in excess of $50,000.00 with interest, costs, and attorney's fees as deemed appropriate by the Court and as agreed to by Defendants. Respect ully submitted, Date: 04/01/14 05265-013 /FL*6327 Peter M. Good, Esquire`I.D. No. 64316 CALDWELL & KEARNS, P.C. 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiffs Pjoocee C L!cce-e el VERIFICATION We, Frank and Amy L. Orozco, have read the foregoing document and to the extent that it contains facts supplied by us, they are true and correct to the best of our personal knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this verification. I make this Verification subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: 31311m Frank rozco LSC ROBERT P. ZIEGLER RECORDER,, OF DEEDS cf!miIFRLAND COUI4TY-r.. 1006 SEP 8 PPI 1 31 TTjiss Rbenture Made the J I M day of u S • , 2006, Pettueeut JosephSatkocin, single ...w. ----..--moss_............._...._...••___. ...m.._. ,0101.__ 0101._..._. �. (hereinafter called the Grantor), of the one part, and ._01._00.. _-_._..••••1.,.. AmyL. Orozco, a married woman ------r---------......._... ..------.-0101.....--0101. (hereinafter called the Grantee), of the other part, itileiligetb, that the said Grantor for and in consideration of the sum of Eve Hundred Sixty Thousand And 00/100 Dollars (S560,000.00) lawful money of the United States of America, unto him well and truly paid by the said Grantee, at 'or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by there presents does grant, bargain and sell, release and confirm in fee simple unto the said Grantee, her heirs and assigns, ALL that certain lot of unimproved land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern dedicated right-of-way line of Souder Court at the dividing line between Lots Nos. 13 and 12 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. 13 and 12, North 2 degrees 46 minutes Bast, a distance of 505.2 feet to a point at lands now or formerly of Milton B. Hueter; thence along said latter lands the following two courses and distances: (a) South 85 degrees 22 minutes 45 seconds Bast, a distance of 141.45 feet to a point; and (b) South 41 minutes Bast, a distance of 501,36 feet to a point on the dedicated right-of-way line of the cul-de-aac end of Souder Court; thence along said dedicated right-of-way line, the following three course; and distances: (a) on a curve to the left having a radius of 50 feet, an arc distance of 142.59 feet to a point; (b) on a curve to the right having a radius of 20 feet, an arc distance of 25.62 feet to a monument; and (e) North 87 degrees 14 minutes West, a distance of 54.46 feet to a point on the northern dedicated right-of-way line of Souder Court to a point at the dividing line between Lots Nos. 13 and 12 as shown on the hereinafter mentioned plan of lots, the place of beginntne. BEING Lot No. 13 as shown on a certain plan of lots entitled "Final Subdivision of Enchanted Bills° as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 76, Page 37. bio; 276 PAcE2813 r, THE ABOVE DESCRIBED REAL ESTATE is the same real estate which Greater Keystone Properties, Inc., a Pennsylvania business corporation, by its deed dated May 31, 2005 and recorded June 6, 2005 is the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 269, Page 1157, conveyed to Joseph Katkoocin, Grantor herein, The above described lot is conveyed UNDER AND SUBJECT, nevertheless, to: (1) The building Bet -back lines and utility easements and drainage easements, if any, as more fully shown, located and defined on the above mentioned plan of lots; (2) The applicable restrictions, covenants and conditions as more fully set forth on the above mentioned plan of lots. (3) The easements and rights-of-way heretofore granted to public utility companies for the use of providing utility services to the subdivision shown on the above described plan of lots; and (4) The restrictions, conditions and covenants as more fully set forth in a certain Amended Declaration of Covenants and Restrictions dated January 15, 1999 and recorded in the Recorder's Office aforesaid in Miscellaneous Record Book Volume 601, Page 770. THE SCRIVENER OF THIS INDENTURE (David C. Cleaver, Esquire) is in no way certifying to the status of the title of the above premises, and has not searched the records pertaining thereto. 115ouetbet bttb all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water -courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of him, the said grantor, as well at law as in equity, of, in and to the same. Qo babe anb to both the said lot or piece of ground described above, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and assigns, to and for the only proper use and behoof of the said Grantee, her heirs and assigns, forever. aria the. said Grantor, for himself and his heirs, executors and administrators, does, by these presents, covenant, grant and agree, to and with the said Grantee, her heirs and assigns, that he, the said Grantor, and his heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and assigns, against him, the said Grantor, and his heirs, and against all and every other person and persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, it, or any of them, shalt and will everiatt' Vara nt anb , oreber 333etenb, 'BOOK 276 PAcE28i4 The address of the above-named Grantee ia: dryukr+ Roza M /7050 behalf of the Grantee Cumberland County Recorder of Deeds Instrument Filins Receipt i 625235 Instr# 2006-032940 9/08/2006 l33 Remarks: CHELSEA SETTLEMENT SERVICES OROZCO DEED -WRIT 1. o DEED DEED - RTT STATE 5600. 0 CUMBERLAND VN_LEY 2800 0 SILVER SPRING Te 2800 DEED - A/H 110. J.C.S. / A.T.J. 10 CO IMPROVEMENT FRU 2 0 REC. IMPRVMI FUND 3. Check# 5781 $5,638 0 Check# 9705 Check# 9706 $5,600. Total Received....... $11238 Rox 276 FAcE2815 0 3in Wittttli3 Wijerenf, the party of the drat part has hereunto set his hand and seal, Dated the day and year first above written, ireateb mnb Wae[rbereb IN TIIB PRESENCE OF US: Commonwealth of Peamsylvania : County of C,u -nbexl an d ss {SEAL} On this, the -2)\ day of , 2006, before me, a Notary Public, in and for said Commonwealth and County, the ivied Officer, personally appeared Joseph Katkoein, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within insttnment, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, • COMMONWEALTH OF PENNSYLVANIA Notarial Seal Leslie E. Taylor, Notary Public Hampden Tsp., Cumberland County My Commission Expires Dec. 13, 2009 Member, Ps ns frsnia Association of Notaries idix 276 FdCE28j6 My commission expires { t 3 TCert;,yt;�is In Cwrber!).nci ;c�:.<,;- f'A. !' DocuSign Envelope ID: 39B154FD-E407-45BA-9A06-806A20551AA6 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This form recommended and approved for, but not restricted to use by, members of the Pennsylvania Association of REALTORS° (PAR). ASR PARTIES BUYER(S): ERNEST H MARTINEZ TINA M MARTINEZ BUYER'S MAILING ADDRESS: SELLER(S): FRANK AND AMY L OROZCO SELLER'S MAILING ADDRESS: PROPERTY PROPERTY ADDRESS: 6 SOUDER CT in the municipality of SILVER SPRING TOWNSHIP MECHANICSBURG in the School District of CUMBERLAND VALLEY Identification (e.g. Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date): 38130985119 PA 17050 County of CUMBERLAND , In the Commonwealth of Pennsylvania. BUYER'S RELATIONSHIP WITH PA LICENSED BROKER ID No Business Relationship (Buyer is not represented by a Broker) Broker (Company) Coldwell Banker Select Professionals Company Address 4075 MARKET ST CAMP HILL PA 17011 Company Phone Company Fax Broker Is: O Buyer Agent (Broker represents Buyer only) 0 Dual Agent (See Dual and/or Designated Agent box below) Licensee(s) (Name) STEVE BICKFORD Direct Phone(s) Cell Phone(s) 717-579-9126 Fax Email sbickford@cbsp.com Llcensee(s) Is: 0 Buyer Agent with Designated Agency • Buyer Agent without Designated Agency 0 Dual Agent (See Dual and/or Designated Agent box below) 0 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) Company Address Company Phone Company Fax SAME Broker is: O Seller Agent (Broker represents Seller only) ❑x Dual Agent (See Dual and/or Designated Agent box below) Licensee(s) (Name) Direct Phone(s) Cell Phone(s) Fax Email SAME Licensee(s) is: ❑ Seller Agent with Designated Agency O Seller Agent without Designated Agency Q 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, Susyer and Seller each acknowledge having been previously informed of, and consented to, dual agency, if appiicAble. Buyer Initials: -----./ ASR Page 1 of 11 Revised 7/11 Seller Initials: ns COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS° 2011 1/10 DocuSign Envelope ID: 39[3154FD-E407-4513A-9A08-806A20551AA6 1 1. B' �ThiAgreement ,dated DECEMBER 9th 2011 2 Selier hereBy egrees to sell and conveyto Buyewho arees to purchase, the identified Property. 3 z. PURCHASE PRICE AND DEPOSITS (1-10) 4 (A) Purchase Price $400,000.00 5 6 FOUR HUNDRED THOUSAND AND 00/100 U.S. Dollars), to be paid by Buyer as follows: 7 1. Deposit atsigning ofthis Agreement: � 8 2. Deposit within 4 days ofthe Execution Date ofthis Agreement: 1'000o0 9 3. � 10 4. Remaining balance will be paid at settlement. 11 (B) All funds paid by Buyer, induding deposits, will be paicl by check, cashier's check or wired funds. All funds paid by Buyer 12 within 30 DAYS or settlement, including funds paid at settlement, will be by cashier's check or wired funds, but not by personal 13 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 SelIer 15 (unles.s otherwise stated here: 16 who will retain deposits in an escrow account in conformity with all applicable laws and regulations until consummation or termination 17 of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of the State 18 Real Estate Commission. Checks tendered as deposit monies may be held unceshed pending the execution of this Agreement. 19 20 3. SELLER ASSIST (IF APPLICABLE) (1'l0) 21 Seller will pay $ or % of Purchase Price (0, if riot specified) toward 22 Buyer's costs, es permltted by the mortgage Pender, if any. Selier is oniy obligated to pay up to the amount er percentage whkh is 23 approvecl by mortgage lender, 24 4. SETTLEMENT AND POSSESSION (l'10) • 25 (A) Settlement Date 15 45 DAYS AFTER BANKACCEPTANCE , or before if Buyer and Selier agree. 26 (B) Settlement will occur in the county where the Property is located or in an adjacent county, during normal business hours, unless 27 Buyer and Selier agree otherwise. 28 (C) At time of settlement, the following will be pro -rated on a daily basis between Buyer and 5eller, reimbursing where applicable: 29 current taxes (see Notice Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and homeowner 30 association fees; water and/or sewer fees, together with any other lienable municipal service fees, API charges will be prorated 31 for the period(s) covered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following 32 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 40 is subject to a lease. 41 (G) If Selier has identified in writing thatthe the Property is subject to a lease, possession is to be detivered 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 43 will not enter into any new leases, nor extend existing leases, for the Property without the written consent of Buyer. Buyer will 44 acknowledge exi5ting lease(s) by initialing the lease(s) at the exeution ofthis Agreement, unless otherwise stated in this Agreernent. 45 [1 Tenant -Occupied Property Addendum (PAR Form TOP) is attached. 46 5. DATES/TIME /sopTHE ESSENCE (1'1o) 47 (A) Written acceptance ofall parties will be on or bafore: 48 (B) The Settlement Date and all other dates and times identified for the performance of any of the obligations of this Agreement are 49 of the 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 signing 51 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 Exeouted and including the Iast day of the time period. API changes to this Agreement should be 53 initialed and dated. 54 (D) The Settlement Date is not extended by any other provision ofthis Agreement and may only be extended by mutual wrltten 55 agreement ofthe parties, 56 (E) Certain terms and time periods are pre-printed in this Agreement as convenience to the Buyer and Seller. All pre-printed terms 57 and time periods are negotiebia and may be chenged by striking out the pre-printed text and inserting different terms acceptable 58 toall parties, 59 6. ZONING (1-10) 60 Failure ofthis Agreement to contain the zoning classification (except|ncaoeswhere the property (and each parcel thereof, if`uhdividuble) 61 is zoned solely or primarily to permit single-family dwellings) will render the Agreement voidable at Buyer's option, and, if voided, any 62 deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. 63 Zoning Classification: 64 Buyer Initial ASR Page 2 of 11 Revised 711 Seller Initials: ` /` DocuSign Envelope ID: 39B154FD-E407-45BA-9A0B-806A20551AA6 65 7. 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8. 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 FIXTURES AND PERSONAL PROPERTY (1-10) (A) INCLUDED in this sale are all existing items permanently Installed in the Property, free of liens, and other items including plumbing; heating; radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (including covers and cleaning equipment); electric, animal fencing systems (excluding collars); garage door openers and transmitters; television antennas; unpotted shrubbery, planting and trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; buit-in air conditioners; built-in appliances; the range/oven, unless otherwise stated; and, if owned, water treatment systems, propane tanks, satellite dishes and security systems. Also included: REFRIGERATOR, POOL EQUIPMENT (B) The following items are LEASED (not owned by Seller). Contact the provider/vendor for more information (e.g. water treatment systems, propane tanks, satellite dishes and security systems): (C) EXCLUDED fixtures and items: MORTGAGE CONTINGENCY (1-10) [i WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the parties may include an appraisal contingency. Q ELECTED (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms: First Mortgage on the Property Loan Amount $ Minimum Term 30 years Type of mortgage CONVENTIONAL Loan -To -Value (LTV) ratio: For non-FHANA loans LTV ratio not to exceed Mortgage lender Interest rate 4.00 %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of 438 %. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (exclud- ing any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. Second Mortgage on the Property Loan Amount $ Minimum Term Type of mortgage years Loan -To -Value (LTV) ratio: For non-FHANA loans LW ratio not to exceed 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 (exclud- ing any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. (B) The interest rate(s) and fee(s) provisions in Paragraph 8(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. If lender(s) gives Buyer the right to lock in the interest rate(s), Buyer will do so at least 15 days before Settlement Date. 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 term(s) available to Buyer. (C) Within days (7 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgage application (including payment for and ordering of appraisal and credit reports without delay, at the time required by lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(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. (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay of the appraisal), fails to lock in interest rate(s) as stated in Paragraph 8(B), or otherwise causes the lender to reject, refuse to approve or issue a mortgage loan commitment. (E) 1. Mortgage Commitment Date: 10 DAY / SETTLE . Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 2. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate this Agreement by written notice to Buyer. Seller's right to terminate continues until Buyer delivers a mortgage commitment to Seller. Until Seller terminates this Agreement, Buyer is obligated to make a good -faith effort to obtain mortgage financing. 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment: a. Does not satisfy the terms of Paragraph 8(A), OR b. Contains any condition not specified in this Agreement (e.g. the Buyer must settle on another property, an appraisal must be received by the lender, or the mortgage commitment is not valid through the Settlement Date) that is not satisfied and/or removed in writing by the mortgage lender(s) within 7 DAYS after the Mortgage Commitment Date in paragraph 8(E)(1), or any extension thereof, other than those conditions t at are customarily satisfied at or near settlement (e.g., obtaining insurance, confirming employment). 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies will be returned to Buyer according to the terms of Paragraph 23 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) and insurance fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Aprd s •�'Lsal fees c�s [ACT" rce to mortgage lender(s). fir ' L Buyer Initials: / ASR Page 3 of 11 Revised 7/11 Seller Initials. i DocuSign Envelope ID: 39B154FD-E407-45BA-9A0B-806A20551 AA6 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 (F) if the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortgage lender(s), require repairs 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 and/or insurer, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. 2. If Seller will not make the required repairs, or if Seller fails to respond within the stated time, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not be unreasonably withheld, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. If Buyer fails to respond within the time stated in Paragraph 8(F)(2) or fails to terminate the Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. FHA/VA, IF APPLICABLE (G) Itis expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase ofthe 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 Purchase 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 mortgage 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 parties in connection with this transaction is attached to this Agreement. 167 9. CHANGE IN BUYER'S FINANCIAL STATUS (3-11) 168 In the event of a change in Buyer's financial status affecting Buyer's ability to purchase, Buyer shall promptly notify Seller and lender(s) 169 to whom the Buyer submitted mortgage application, if any. A change in financial status includes, but is not limited to, Toss or a change in 170 employment; failure or loss of sale of Buyer's home; Buyer's having incurred a new financial obligation; entry of a Judgement against Buyer. 171 Buyer understands that applying for and/or incurring an additional financial obligation may affect Buyer's ability to purchase. 172 173 10. SELLER REPRESENTATIONS (1-10) 174 (A) Radon Testing and Remediation (see Notice Regarding Radon) 175 Seller has no knowledge about the presence or absence of radon unless checked below: 176 0 1. Seller has knowledge that the Property was tested on the dates and by the methods (e.g. charcoal canister, alpha track, etc.), 177 which produced the results indicated below: 178 Date Type of Test Results (picoCuries/litre or working levels) Name of Testing Service 179 180 181 ❑ 2. Seller has knowledge that the Property had radon removal system(s) installed as indicated below: 182 Date Installed Type of System Provider 183 184 185 Copies of all available test reports will be delivered to Buyer with this Agreement. Seller does not warrant the meth - 186 ods or the results of radon test. 187 (8) Status of Water 188 Seller represents that the Property is served by: 189 ❑ Public Water ❑ Community Water ❑x On-site Water ❑ None ❑ 190 (C) Status of Sewer 191 Seller represents that the Property is served by: 192 0 Public Sewer ❑ Community Sewage Disposal System 0 Ten -Acre Permit Exemption (see Sewage Notice 2) 193 ❑x Individual On -lot Sewage Disposal System (see Sewage Notice 1) ❑ Holding Tank (see Sewage Notice 3) 194 0 Individual On -lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4; if applicable) 195 0 None (see Sewage Notice 1) 0 None Available/Permit Limitations in Effect (see Sewage Notice 5) 196 f-7(o�� os mos 197 Buyer Initials:/ ASR Page 4 of 11 Revised 7/11 Seller Initials: " / 1/"" oncusignEnvelope ID: xoe11AA6 198 (D) Historic Preservation 199 Seller is not aware of historic preservation restrictions regarding the Property unlessotherwise stated here: 200 201 (E) [] Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land 202 Use Restrictions): 203 D Farmland and Foreat Land Assessment Act (Clean and Green Program; Act a19vfl974;7zp�. § 5490.1 et seq.) 204 D Open Space Act (Act +mofl9O7;»zK5.§5OVletseq.) 205 D Agilcultural Area Security Law (Act 43 of 1981; 3 P.S. §901 et seq.) 206 El Other 207 (F) Seller represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner association 208 assessments have been made against the Property which remain unpaid, and that no notice by any government or public authority 209 has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety, 210 or fire ordinarices that remain uncorrecteci, and that Selier knows of no condition that woLJId constitute a violation of any such 211 ordinances that remain uncorrected, unless otherwise specified here: 212 213 (G) Seller knows of no other potential notices (including violations) and/or assessments except as follows: 214 215 (H) Access to a pubik road may require issuance of a highway occupancy permit from the Department of Trarisportation. 216 11. WAVER OF CONTINGENCIE5 (9-05) 217 If this Agreernent is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental 218 conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure 219 to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts 220 the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. 221 12. INSPECTIONS (1-10) (See Notices Regarding Property and Environmental Inspections) 222 (x) Rights and Responsibilities 223 1. Seller will provide access to Insurers' representatives and, as may be required by this Agreement or by mortgage lender(s), to 224 surveyors, municipal offidals, appraisers and inspectors. AIJ parties and their real estate Iicensee(s) may attend any inspections. 225 2. Buyer may make a pre -settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any 226 other provision ofths Agreement. 227 3. Seller will have heating and all utilities (including fuel(s)) on for all inspections/appraisals. 228 4. AII inspectors, including home inspectors, are authorized by Buyerto provide a copy of any inspection report to Broker for Buyer. 229 5. Selier has the right, upon request, to receive a free copy of any Inspection report from the party for whom it was prepared. 230 (B) Buyer waives or elects, at Buyer's expense, to have the following Inspections, certifications, and investigations (referred to as 231 • "Inspection" or "Inspections") performed by professional contractors, home inspections, engineers, architects and other properly 232 licensed or otherwise qualified professionals. If the same inspector Is inspecting more than one system, the Inspector must comply 233 with the Home Inspection Law. (See Notice Regarding the -lome Inspectlon Law) 234 (C) For such elected Inspections, Buyer will, within the Contingency Period(s) stated in Paragraph 13(A), complete Inspections, obtain 235 any Inspection reports or results (referred to as "Report" or "Reports"), and accept the Property, terminate the Agreement, or submit a 236 Wrltten Corrective Proposal(s) to Seler, according to the terms of Paragraph 13(B). 237 Home/Property and Environmental Hazards (mold, etc.) 238 ' Buyer may mndu�onin,pe�inoufthe Pmpe�y's`t,u�u,o|cvmponenm;,up�cme,ivrwindows and smdoors; Waived 239 ���,exterior siding, Exterior Insulation arid Finish Systems, fascia, gutters and downspouts; swimming pools, hot tubs and /�__ 240 spas; appliances; electrical systems; interior and exterior plumbing; public sewer systems; heating and cooling systems; 241 water penetration; electromagnetic fields; wetlands and flood piain delineation; structure square footage; mold and 242 other environmental hazards (e.g.fungl, indoor air quality, asbestos, undergrouncl storage tanks, etc.); end any other 243 items Buyer may select. If Buyer elects to have a home inspection of the Property, as defined in the Home lnspection 244 Law, the home inspecton must be performed by a full member in good standing of a national home inspection 245 association, or a person supervised by a full member of a national home inspection association, in accordance with 246 the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered 247 engineer or architect. (see Notice Regarding the Home nspection Law) 248 Wood Infestation 249 .Ele Buyer may obtain a written "Wood -Destroying Insect Infestation Inspection Report" from an inspector certified as a 250 nwni• wood -destroying pestpesticide Waived 251 by the inspector to Selier. The Report is to be made satisfactory to and in compliance with appllcable laws, mortgage / 252 lender requirements, or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be limited 253 to all readily -visible and accessible areas of all structures on the Property, except fences. If the Inspection reveals 254 active infestation(s), Buyer, at Buyer's Expense, may obtain a Proposal from a wood -destroying pests pesticide 255 applicator to treat the Property. If the Inspection reveals damage from active or previous infestations(s), Buyer may 256 obtain a written report from a professional contractor, home inspector or structural engineer that is limited to 257 structural damage to the property caused by wood -destroying organisms and a Proposal to repair the Property. 258 Water Service 259 Buyer may obtain nnInspection ofthe quality and quanusystem�ynf�he�a�e,from a properly icensed or otherwise Waived 260 qualifled water/well testing company. If and as requlred by the irjspection company, Seller, atSeller's expense, will 261 locate and provide access to the on-site (or individual) water system. Seller will restore the Property to its previous 263 Buyer Initials: ASR Page 5 oF 11 Revised 7/11 Seller Initials: air DomSign Envelope ID: 39B154FD-E407-45BA-9A013-806A20551AA6 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 Radon lected Buyer mayobtain aradon test of the Property from a certified inspector. The U.S. Environmental Protection Agency Waived Trw (EPA) advises corrective action ififthe avarage annual exposure to radon 15 at ar exceeds 0.02 working levais or ----4pico[udcu1ina(4n[I/L. On-Iot Sewage (If Applicable) e Mitt may obtain an inspection ofthe indviduaI on-Iot sewage disposal systerri from a qualified, professionai waived inspector. If and as required bythe nspection company, Seller, atSeller's expense, will locate, provide access to, and empty emptYthe individual on'|ot-sewmgedisposal system. Seller will restore the Property toIts previous condition, at Seller's expense, prlor to settlement. See paragraph 1 3(C) for more informatlon regarding the lndividual On -lot Sewage Inspection Contingency. Property Insurance Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance „ / for the Property to a responsible insurer, Broker for Buyer, if any, otherwise Broker for Seller, may communicate |fikAl.. J »m" with the insurer to assist in the insurance process. If the Property is located in a flood plain, Buyer may be required to carry flood insurance at Buyers expense, which may need to be ordered 14 days or more prior to Settlement Date. Property Boundary Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal description, certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Property surveyed as itunot a requirement of property transfeIn Pennsylvania. Any ferices hedges,walls and other natural `- -- o,cvnstmctedbanieomaymmaynmrepnsent the true boundary lineof the Property. Any numerical representations of size of property are approximations only and may be innaccurate. Deeds, Restrictions and Zoning Buyer may investigate easements, deed and use restrictions (including any historic preservation restrictions or ordinances) that apply to the Property and review local zoning ordinances. Buyer may verify that the present use EtAt /MA° of the Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the Agreement contingent upon an anticipated use. Present usa: Lead -Based Paint Hazards (For Properties prior to 1978 oniy) Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct ar_Waived risk assessment and/or inspectProperty |m** 7wAt. ards unless Buyer waives that right. Regardless of whether this inspection is elected or waived, the Residential Lead -Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the Buyer with an EPA -approved Lead hazards information pamphlet titled Protect Your Family from Lead in Your Home, along with a separate form, attached to this Agreement, disclosing Seller's knowledge oflead- based paimhaza,usa*u*nv|ema*qxvapaintrecp,as,eganiinyu`epnpperty. (See Notices Regarding ' Residential Lead -Based Paint Hazards Reduction Act) Elected Other The Inspections elected above do not apply to the following existing conditions and/or items: Waived 13. INSPECTION CONTINGENCY (l -1N (A) The Contingency Period is 10 days (10 if not specified) from the Executton Date of this Agreement for each lnspection elected in Paragraph 11 (C), except the following: Inspection Contingency Period ALL INSPECflOtJ CONTINGENCY PERIODS START AT days BANK APPROVAL SIGNATURES days days days (B) Except as stated in Paragraph 13(C), if the result of any inspection elected in Paragraph 12(C) is unsatisfactory to Buyer, Buyer will, with in the stated Contingency Period: 1. Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 25 of this Agreement, OR 2. Terminate this Agreement by written notice to Selier, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement, OR 3. Present the report(s) to Seller with a Written Corrective Proposal ("Proposal") listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a properly -licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, and a projected date for completion ofthe co,,ect- |ons,Buye,pe,evsthotIe||erwi||notbehe|d|iab|efo,m,,ectionsthatdonotcomp|y=ithmnrtgage|cnde,o,govemmento|,equi' ,emr:t,ifperformcdinaworkman|ikemanne,nccordingtothcte,m,ofouye,'spmpomi a. No later than days (5 if not specified) from the end of the Contingency Period(s), Seller will inform Buyer in writing that Seller will: (1) Satisfy all the terms of Byer's Proposal(s), OR (2) Not satisfy a 11 the terms of Buyers Proposal(s), OR b. If Selier agrees to satisfy the terms ofBuyer's Proposal or Buyer and Seller enter into amutually acceptable written agreement, (-_v,^ Buyer apmnenYand ug�:,mmenEL�Seinpa�g,avhz5ufth�*geemen� ", Buyer InitiE / \ A5R Page 6 of 11 Revised 7/11 Seller Initials: ="_ .'`�, (2 if not specified) = the '~^ep owritten =""o'that Se= ""t""=,=' "" �+°u 000mnoEnvewp /D: 398154Fo-E407-4AA6 332 Proposal, or the time stated mparagraph m(B)(3)(a) if Seller fails to choose either option in writing, whkhever occurs first, 333 Buyer will: 334 (1) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 25 of this 335 Agreement, OR aso (2) Termiriate this Agreement by wrltten notice to Selier, with all deposit monies returned to Buyer according to the terms 337 of Paragraph 23 ofthis Agreement. 338 (3) Enter into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the 339 Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender, if any. 340 If Buyer fails to respond within the time stated in Paragraph 1 3(B)(3)(c) or fails to terminate this Agreemant by written 341 notice to Selier within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this :42 Agreement. 343 (C) If a Report reveals the need to expand or replace the existing individual on -lot sewage disposal system, Selier may, within days 34* (zsifnot specified) ofreceiving the Report, submit uProposal toBuyer. The Proposal will include, but not bclimited to, th�l�-nepf 345 the company to perform the expansion or replacement provisions for payment, including retests; and a projected completion date 346 for corrective measures, Within 5 DAYS of receiving Selier's Proposal, or if no Proposal is provided within the stated time, 347 Buyer will notify Sailer in writing of Buyer's tholce to: 348 1. Agree to the terms of the Proposal, accept the Property and agrees mthe RELEASE inParagraph zsofthis Agreement, OR 349 2. Terrninate this Agreement by written notice to Selier, with all deposit monies returned to Buyer according to the terms of Paragraph 350 23 of this Agreement, OR 351 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 25 of this Agreement. If required by any 352 mortgage lender and/or any governmental authority, Buyer will correct the defects before settlement or within the time required 353 by the mortgage lender and/or governmental authority, at Buyer's sole expense, with permission and access to the Property given 354 by Seller that may not be unreasonably withheld . If Seller denies Buyer permission and/or access to correct the defects, Buyer 355 may, within 5 DAYS of Selier's denial, terminate this Agreement by written notice to Selier, with all deposit monies returned to sso Buyer according to the ternis of Paragraph 23 of this Agreement, 357 If Buyer fails to respond within the time stated In Paragraph 1 3(C) or falis to terminate this Agreement by written notice to 358 Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. 359 14. NOTICES, AS5ESSMENTS AND MUNICIPAL REQUIREMENTS (1-10) aoO (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before 361 settlement, Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess - 362 ments to Buyer and will notify Buyer in writing that Selier will: 363 1. FuIiy comply with the notices and/or assessments, at Seliers expenses, before settlement. If Selier fully complies with the notites 364 and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. OR 365 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails 366 within the stated time to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS 367 that Buyer wiU: 368 a. Compy with the notices and/or assessments at Buyer's expense, accept the Property, arid agree to the RELEASE Iri 369 Paragraph 25 of thls Agreement, OR 370 b. Terminate thls Agreement by wrltten notice to Selier, with all deposit monies returned to Buyer according to the terms of 371 Paragraph 23 of this Agreement. 372 If Suyer fails to respond within the time stated in Paragraph 14(A)(2) or fails to terminate this Agreement by writteri notice 373 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement 374 (B) If required by Iaw, within so DAYS from the Execution Date of this Agreement, but 10 rio case ater thari 15 DAYS prior to 375 Settlement Date, Selier will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice 376 of any uncorrected violations of zoning, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the 377 Property. If Buyer receives a notice of any required repairs/improvements, Buyer will promptly deliver a copy of the notice to Seller. 378 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will deliver a copy of 379 the nottce to Buyer and notlfy Buyer in writing that Seller will: 380 a. Make lhe required repairs/improvements to the satisfaction ofthe muriicipatity. If Selier makes the required repairs/ 381 improvements, Buyer accepts the Property and agreeto the RELEASE in Paragraph 25 ofthis Agreement. OR 382 b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will 383 notify Seller inwriting within 5 DAYS that Buyer will: 384 (1) Make the repairs/improvements at Buyer'expense, with permission and access to the Property given by Selter, which 385 will not be unreazonably withheld, OR 386 (2) Terminate this Agreement by wrtten notice to Selter, with all deposit monies returned to Buyer according to the terms 387 of Paragraph 23 ofthis Agreement. »uo If Buyer fails to respond within the time stated in Paragraph 14(B)(1)(b) or fails to terminate this Agreement by written 3e9 notice to Selier within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this 390 Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the terms of the notice 391 provided by the municipality. 392 2, If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before Settlement 393 Date to make the required repairs/improvements, Buyer may, within 5 DAYS, terminate this Agreement by written notice to 394 Selter, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. 395 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph, Seller 396 will perform alt repairs/improvements as required by the notice at Seller's expense. Paragraph 14(y)(s)will survive settlement. DS 'ERN- ��»� 397 Bur Initials: ,{ — /` ,''~'` ASR Page 7 of 11 Revised 7n1 Seller Initials: DocuSign Envelope ID: 39B154FD-E407-458A-9A0B-806A20551AA6 398 15. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE (1-10) 399 Property is NOT a Condominium or part of a Planned Community unless checked below. 400 El CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. Section 3407 of the 401 Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Seller to 402 furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and 403 the rules and regulations ofthe association. 404 ❑X PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the 405 Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) of the Act 406 requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations 407 of the association, and a Certificate containing the provisions set forth in section 5407(a) of the act. 408 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 409 (A) Within 15 DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a 410 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that 411 the association is required to provide these documents within 10 days of Seller's request. 412 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for 413 the failure of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any incorrect information 414 provided by the association in the Certificate. 415 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 416 for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer 417 declaring this Agreement void, all deposit monies will be returned to Buyer according to the terms of paragraph 23 of this 418 Agreement. 419 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will 420 reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the 421 Agreement, and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' hen insurance, or any fee for 422 cancellation; (2) Flood insurance and/or fire insurance with extended coverage, mine subsidence insurance, or any fee for 423 cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 424 16. TITLES, SURVEYS AND COSTS (1-10) 425 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the 426 regular rates, free and clear of all liens, encumbrances, and easements, excepting however the following: existing deed 427 restrictions; historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements 428 visible upon the ground; easements of record; and privileges or rights of public service companies, if any. 429 (B) Buyer will pay for the following: (1) Title search, title Insurance and/or mechanics' lien insurance, or any fee for cancellation; 430 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 431 and charges paid in advance to mortgage lender; (4) Buyer's customary settlement costs and accruals. 432 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal 433 description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by 434 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 435 (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 436 regular rates, as specified in paragraph 16 (A), Buyer may terminate this Agreement by written notice to Seller, with all deposit 437 monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. Upon termination, Seller will reimburse 438 Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and 439 for those items specified in Paragraph 16(B) items (1), (2), (3) and in Paragraph 16(C), unless Buyer accepts existing title. 440 (E) Seller is not aware of the status of oil, gas and mineral rights for Property, unless otherwise stated below: 441 0 Seller does not own all subsurface rights to the property. 442 ❑ Oil, Gas and Mineral Rights Addendum (PAR Form OGM) is attached. 443 (F) COAL NOTICE (Where Applicable) 444 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLETO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH 445 THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL 446 RIGHTTO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 447 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of 448 July 17, 1957, P.L. 984.) "Buyer acknowledges that he may be obtaining the right of protection against subsidence resulting from 449 coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a 450 private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of 451 complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." 452 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 453 (G) The Property Is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here 454 (see Notice Regarding Recreational Cabins): 455 (H) This property is not subject to a Private Transfer Fee Obligation unless otherwise stated here (see Notice Regarding Private 456 Transfer Fees): 457 0 Private Transfer Fee Addendum (PAR Form PTF) is attached. 458 17. MAINTENANCE AND RISK OF LOSS (1-10) 459 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, 460 normal wear and tear excepted. 461 (B) If any system or appliance included in the sale of Property fails before settlement, Seller will: 462 1. Repair or replace the failed system or appliance before settlement, OR 463 2. Provide prompt written notice to Buyer of Seller's decision to: 464 a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable tot he mortgage lender, 465 if any, OR "---DS i -DS 466 Buyer Initials: • ASR Page 8 of 11 Revised 7/11 Seller Initials: S DSS ^ ( onn Signsnwmwmm:oma1o4Fo-E4n 551AA6 467 b. Not repair or replacthe f&led system ar appliance, arid not credlt Buyerat settlement for the fair market value of the failed 468 system or appliance. 46* 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 SeIIer 470 fails to notify Buyer of Selier's choice, Buyer will notify Selier in writing within 5 DAYS or before Settlement Date, 471 whichever is earlier, that Buyer will: 472 a. a. Accept the Property and agree to the RELEASE in Paragraph 25 ofthis Agreement, OR 473 b. Terminate this A9reernent by written notice to Selier, with aH deposit monies returned to Buyer according to the terms of 474 Paragraph 23 ofthis Agreement. 475 If Buyer fails to respond within the time stated in Paragraph 17(8)(3) or fails to terminate this Agreement by written 476 notice to Selier within that time, Ruyer wiU accept the Property and agree to the RELEASE in Paragraph 25 of this 477 Agreement. 478 (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 479 replaced prior tusettlement, Buyer will: 480 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR *81 2. Terminate this Agreemerit by written notice to SelIer, with a deposit moriles returned to Buyer accordlng to the terms of 482 Paragraph 23 ofthls Agreement. 483 18. HOME wwnnxmnss(1'10) 484 At or before zettlement, either party may purchase a home warranty for the Property from a third -party vendor. Buyer and SelIer unclerstand 185 that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre-existing defects 48* of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that Buyer has 487 elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the home 488 warrarity may possibly receive a fee paid by the home warrarity company. 489 19. RECORDING (9-05) 490 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 Buyercauses or 491 permits this Agreement to be recorded, Selter rnay elect to treat such act as a breach ofthts Agreement, 492 20. ASSIGNMENT (1-10) 493 This Agreement is binding upon the parties, their heirs, person& represntat*c`suandiaruand successors, and to the extent assignable, 494 on the assigns of the parties hereto. Buyer will not transfer or assigri this Agreement without the writteri consent of SetIer unless other wise 495 stated in this Agreemerit. Asslgnmentofthis Agreement may result in additional transfertaxes. 496 21. GOVERNING LAW, VENUE & PERSONALJURISDICTION (9-05) 497 (A) The validity amid construction of this Agreement, and the rights and duties ofthe parties, wiU be governed in accordance with the laws 498 ,f the Commonwealth ofPennsylvania. 499 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either 500 party shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 501 502 22. REPRESENTATIONS (1-10) 503 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, 504 employees, officers or partners are not part of this Agreement unless expressly incorporated or stated in this Agreement. This 505 Agreement contatns the whole agreement between Selier and Buyer, and there are no ather terms, obligations, covenants, 506 representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be 507 altered, amended, changed or modified except in writing executed by the parties, 508 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property 509 specifically Iisted herein) befoe signing this Agreement or has waived the right to do so, and agrees to purchase the Property 510 IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Buyer acknowledges that Brokers, 511 their licensees, employees, officers or partners have not made an independent examination or determination of the 512 structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted uses, 513 nor of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of 514 the systems contained therein. 515 (C) Any repair5 required by this Agreement wiIl be completed in a workmantike manner. 516 (D) Broker(s) have provided or may provide servtces to assist unrepresented parties in comptying with this Agreement. 517 23. DEFAULT, TERMINATION AND RETURN OF DEPOSITS (1-10) 518 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a returri of 519 alt deposit moriles paid on account of Purchase Prtce pursuant to the terms of Paragraph 23(8), and this Agreement wilt be 520 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 521 monies. 522 (B) Regardless ofthe apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to 523 determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: 524 1. tf this Agreement is terminated prior to settlement and there is no dispute over entittement to the deposit rnoriies. A written 525 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. • 526 2. tf, after Broker has reeived deposit monies, Broker receives a written agreement that is signed by Buyer and Selier, directing 527 Broker how to distribute some or alt ofthe deposit monies. 528 3. According to the terms of a final order of court. 529 4. According to the terms of a prior written agreement between Buyer and Selier that directs the Broker how to dstribute the 530 deposit monies if there isa dispute between the parties that is not resolved. (See Paragraph 23(C)) 1-11kA531 Buyer Initials�/ Aunmoenof,1 Revised 7/11 Seller Initials: DocuSign Envelope ID: 39B154FD-E407-45BA-9A0B-806A20551 AA6 532 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after 533 the Settlement Date stated in Paragraph 4(A), or any written extensions thereof, the Broker holding the deposit monies will, within 534 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifiable 535 written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior 536 to the receipt of Buyer's request for distribution, Broker will continue to hold the deposit monies until receipt of a written distribution 537 agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any portion 538 of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the 539 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that 540 the parties maintain their legal rights to pursue litigation even after a distribution is made. 541 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 23 or Pennsylvania 542 law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit 543 monies, the attorneys' fees and costs of the Broker(s) and licensee(s) will be paid by the party naming them in litigation. 544 (E) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 545 1. Fail to make any additional payments as specified in Paragraph 2, OR 546 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's 547 legal or financial status, OR 548 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 549 (F) Unless otherwise checked in Paragraph 23(G), Seller may elect to retain those sums paid by Buyer, including deposit monies: 550 1. On account of purchase price, OR 551 2. As monies to be applied to Seller's damages, OR 552 3. As liquidated damages for such default. 553 (G) ❑x SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 554 555 (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 23(F) or (G), Buyer 556 and Seller are released from further liability or obligation and this Agreement is VOID. • • 557 (I) Brokers and licensees are not responsible for unpaid deposits. 558 24. MEDIATION (1-10) 559 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies, 560 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute 561 Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation system 562 offered by the local Association of REALTORS'. Mediation fees, contained in the mediator's fee schedule, will be divided equally among the 563 parties and will be paid before the mediation conference. Thls mediation process must be concluded before any party to the dispute may 564 Initiate legal proceedings in any courtroom, with the exception of filing a summons if it is necessary to stop any statute of limitations from 565 expiring. Any agreement reached through mediation and signed by the parties will be binding (see Notice Regarding Mediation). Any 566 agreement to mediate disputes or claims arising from this Agreement will survive settlement. 567 25. RELEASE (9-05) 568 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER 569 or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from 570 arty and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the 571 consequences thereof, whether known or not, which may arise from the presence of termites or other wood -boring insects, radon, 572 lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on -lot sewage 573 disposal system or deficiencies in the on-site water service system, unknown title defects, or any defects or conditions on the 574 Property. Should Seller be in default under the terms of this Agreement, or in violation of any seller disclosure law or regulation, 575 this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This release 576 will survive settlement. 577 26. REAL ESTATE RECOVERY FUND (9-05) 578 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 579. licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after 580 exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within 581 Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 582 27. COMMUNICATIONS WITH BUYER AND/OR SELLER (1-10) 583 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be 584 satisfied by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to 585 Paragraph 15. If there is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made directly to 586 the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows communicat- 587 ion/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 588 Seller, those provisions may be satisfied only by communication/delivery being made directly to the Seller, unless otherwise agreed to 589 by the parties. 590 28. SPECIAL CLAUSES (11-09) 591 (A) The following are part of this Agreement if checked: 592 ❑ Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) 593 ❑ Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Form SSP -CM) 594 ❑ Settlement of Other Property Contingency Addendum (PAR Form SOP) 595 0 Short Sale Addendum to Agreement of Sale (PAR Form SHS) 596 ❑ Appraisal Contingency Addendum (PAR Form ACA) 597 ❑ 598 ❑ 599 600 Buyer Initials: r --DDS r --DS ASR Page 10 of 11 Revised 7/11 Seller Initials: "---DS --DS DocuSign Envelope ID: 39B154FD-E407-45BA-9A0B-806A20551AA6 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.pameganslaw.state.pa.us. Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real proeprty interests. This includes but is not limited to a sale or exchange, liquidation, redemption, gift, transfers, etc. Persons purchasing U.S. real property interests (transferee) from foreign persons, certain purchasers' agents, and settlement officers are required to withhold 10 percent of the amount realized (special rules for foreign corporations). Withholding is intended to ensure U.S. taxation of gains realized on disposition of such interests. The transferee/Buyer is the withholding agent. If you are the transferee/Buyer you must find out if the transferor is a foreign person. If the transferor is a foreign person and you fail to withhold, you may be liable for the tax. NOTICE REGARDING REAL ESTATE TAXES (Paragraph 2: Purchase Price and Deposits) 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 1 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 for the property at the time of sale, or at anytime 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 8: Mortgage Contingency) The appraised value of a Property is used by lenders to determine the maximum amount of a mortgage loan. The appraised value is determined by an independent appraiser, subject to the mortgage lender's underwriter review, and may be higher or lower than the Purchase Price and/or market price of the property. The Loan -To -Value (LTV) is used by lenders as one tool to help assess the potential risk of a mortgage loan. LTV is determined by dividing the requested loan amount by either the Purchase Price or the appraised value of the property, whichever is lower. A particular LTV may be necessary to qualify for certain loans, or Buyers might be required to pay additional fees If the LTV exceeds a specified level. NOTICE REGARDING TRUTH IN LENDING (Paragraph 8: Mortgage Contingency) The Mortgage Disclosure Improvement Act requires mortgage lenders to provide Buyer with a Truth in Lending (TIL) statement at the time of mortgage application (early disclosure) and anytime thereafter (re -disclosure) if the annual percentage rate (APR) changes by more than .125 percent. Settlement cannot occur within 7 days of the early disclosure or within 3 days of re -disclosure. If a re -disclosure of a TIL statement is made within 3 days of the Settlement Date in the Agreement, settlement for the Property would have to occur after the Settlement Date stated. Buyer and Seller are advised that the APR may be changed by more than .125 percent by factors including, but not limited to, Seller credits, changes in loan amount or duration, and Settlement Date change. If the Buyer and Seller agree to modify the Settlement Date in response to the TIL statement waiting period, or for any other reason, it should be done in writing and with the signatures of both parties. c_tok Fos Buyer Initials: Back of Page 1 Seller Initials: s DocuSign Envelope ID: 39B154FD-E407-458A-9A0B-806A20551AA6 601 602 603 604 605 606 607 608 609 610 611 612 613 614 61'5 616 617 (B) Additional Terms: 1. This transaction is subject to the approval of all mortgage holders. If all mortgage holders' approval(s) are not received, this contract shall be considered terminated and of no further force or effect and Buyer's earnest money deposit shall be returned to Buyer without interest or penalty. 2. This contract is contingent upon all mortgage holders accepting a discount without causing the Seller to have any financial obligation to the lender(s). 3. This contract becomes null and void if all terms in the listing contract are not met by mortgage holders. 4. If all mortgage holders' written approval(s) of this short sale contract, as written, is not received by <insert date here>, Buyer and Seller release and discharge each other, all brokers and their licensees, heirs, executors, administrators, successors, and assigns from any and all obligations that are stated in this contract, as well as any claims that may arise from or relate to this contract -and- Buyer and Seller agree to return 100% of earnest money deposit money to Buyer. (An escrow disbursement and mutual release based on these conditions/dates agreed upon by Buyer and Seller when contract is ratified DOES REQUIRE the broker to return escrow per agreement of both parties when these conditions/dates are met. 618 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 619 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which counterparts 620 together shall constitute one and the same Agreement of the Parties. 621 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult a 622 Pennsylvania real estate attorney before signing if they desire legal advice. 623 Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the signatures of 624 all parties, constitutes acceptance by the parties. 625 626 627 628 629 630 631 632 633 634 ns M"uyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. code §35.336. Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. Buyer has read and understands the notices and explanatory information in this Agreement. / Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see ��ikht 11;,t Information Regarding the Real Estate Seller Disclosure Law). t P Buyer has received the Deposit Money Notice (for cooperative sales when Broker for seller is holding deposit money) (—AAA. (30before signing this Agreement. /1 Buyer has received the Lead -Based Paint Hazards Disclosure, which is attached to this Agreement of Sale, and the pamphlet Protect Your Family from Lead in Your Home (for properties built prior to 1978) 635 WITNESS 636 WITNESS 637 WITNESS ,-^—DocuSlgned by. BUYER flitAki 114-4141W) .�.4WeinRO PY4�DE'..� BUYER i itAA , t It14 tl `--"^F813403894BCB41 E... BUYER DATE Dec 9, 20111/7/2012 DATE Dec 9, 20111/7%2012 DATE 638 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 639 Seiler has received a statement of Seller's estimated closing costs before signing this Agreement. 640 Seller has -read andunderstands the notices and explanatory information in this Agreement. Docusi9nea by 1/20/2012 641 WITNESS SELLERI '�"'L1� DATE 8 ommg54CE... 642 WITNESS. SELLS DATE CDU_ 643 K3977880626427_WITNESS SELLER DATE ASR Page 11 of 11 Revised 7/11 1/13/2012 DocuSign Envelope ID: 59EA876F-FA57-4FE9-B24A-2AFCDFCF4483 . PRE -SETTLEMENT POSSESSION ADDENDUM TO . AGREEMENT OF SALE • This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR). soc.d C tT 1 PROPERTY 2 SELLER —ran Ilm v ()wire �C 3 BUYER R A/4'5G- q--77 in l a I`%"�i1 Z- � Qc-4��, Ces 01- /5--e7 PRE 4 DATE OF AGREEMENT ,/— $ .A:2// 5 . 1.. PURPOSE. Seller gives Buyer the right to occupy the Property before the date of settlement under the following terms and con - 6 ditions and for the limited purposes checked below: 7 l� Move in personal property (for example, furnishings) and physically occupy the Property. 8 0 Store personal property without physically .occupying the Property. 9 0 Store personal property in the following areas, without physically occupying the Property: 10 0 Make repairs and/or improvements to the Property, in a workmanlike manner, as follows: 11 12 13 14 15 2. OCCUPANCY DATE. Buyer will occupy the Property, as agreed to above, beginning '(�•2-Giw e -e!' /Y ...2o/1 16 17 10 3. 'VACATING DATE. In the event settlement does rot take place, Buyer will vacate the Property erc 19 eir4 414, 20 V i 00 21 4.. OCCUPANCY FEE. Buyer agrees to pay Seller a daily Occupancy Fee of $ ' Qo © . from the Occupancy Date 22 until settlement. Onor before the Occupancy Date, Buyer agrees to pay the daily fee from the Occupancy Date to the end of the 23 next calendar month. Thereafter, the fees will be paid in monthly installments, in advance, on or before the da f each 24 month. The fees will be paid directly to Seller. In the event Seller has collected any Occupancy Fees for fi s agifter settle - 25 ment, Seller will reimburse those fees to Buyer at settlement. If settlement does not take place, Buyer will continue to pay the 26 Occupancy Fee until Buyer vacates the Property. 27 23 5. DEPOSITS. On or before the Occupancy Date, Buyer will pay an Additional Deposit on Account of the Purchase Price in the 29 amount of $ . This Additional Deposit will be paid to the Listing Broker, if any, otherwise to Selling 30 Broker, who will retain this Deposit in an escrow account in conformity with all applicable laws and regulations. In the event 31 settlement does not take place, and provided that Buyer has not defaulted in the performance of any provision in the Agreement 32 of Sale or this Addendum, Buyer will be reimbursed all deposit monies paid by Buyer, less any Occupancy Fees due and owing 33 and less sums to cover damages to the Property. 34 35 6. PROPERTY INSPECTION. Before the Occupancy Date, Buyer will make the pre -settlement inspection specified in the 36 Agreement of Sale. 37 38 7. UTILITIES. Beginning on the Occupancy Date, Buyer will pay operating and utility charges connected with the use of the Property 39 as follow • f 40 , /„eelectricity ,'L�7,/,garbage & trash collection 41 Ltd" gas L�7 snow removal 42 0 water 0 43 0 sewage ❑ 44 (awn :'E bbery care 0 45 Buyer Initials: *Pi Pennsylvania Association of REALTORS® PRE Page 1 of 2 Seller Initials: D5 FO LU 'COPYRIGHT PENNSYLVANIA ASSOCIATION. OF REALTORS® 2006 05/06 DocuSign Envelope ID: 59EA876F-FA57-4FE9-B24A-2AFCDFCF4483 S. PETS. Pets allowed on the Property before settlement only as follows: 9. MAINTENANCE. Buyer agrees to maintain the Property in its present condition, normal wear and tear excepted, and to abide by Seller's rules of occupancy, if any, as attached to this Addendum. 10. CHANGES TO THE PROPERTY. Buyer will not make any alterations or improvements to the Property unless agreed to in writing by Seller. 11. PROPERTY INSURANCE. Buyer and Seller are advised to. contact their insurer prior to signing this Addendum.. (A) If Seller has fire, casualty, and Seller's liability insurance, Seller will maintain the insurance until settlement. (B) Seller is not responsible for personal property or other items placed p thf Property by Buyer. (C) Buyer will obtain liability insurance coverage in the amount of $ �I GL �.. , naming Seller as Additional Insured. Buyer is advised to insure Buyer's personal property (contents). 12. ENTRY. Seller or Listing Broker may enter the Property at any time in the event of an emergency, otherwise on a weekly basis, with 24 hours' prior notice to Buyer. 13. BUYER'S DEFAULT. The time for the performance of any of the obligations of this Addendum are hereby agreed to be of the essence. Should Buyer violate or fail to perform under the terms of this Addendum or of the Agreement of Sale: (A) Buyer will immediately vacate the Property and Seller will be entitled to immediate possession. Buyer agrees that Seller may institute proceedings to recover possession without first giving Buyer notice. (B) Seller has the option of retaining all deposit monies paid on account of purchase price as provided in the Agreement of Sale and any other monies as required by this Addendum. (C) In the event that Seller institutes legal proceedings to recover sums due and owing under the terms of this Addendum or to have Buyer removed from the Property, Buyer will pay to Seller all costs that Seller incurs as a result, including court costs and attorneys' fees. 14. ASSIGNMENT. Buyer may not assign Buyer's rights under this Addendum or lease the Property to any person(s) or entity. 15. INDEMNIFICATION. Buyer will indemnify and hold harmless SELLER, all BROKERS, their LICENSEES, EMPLOY- EES, and any OFFICER or PARTNER of any one of them, and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from all claims, lawsuits, and actions that arise from, or occur during Buyer's occu- pancy or use of the Property. Buyer will defend Seller from all such suits and claims, and pay Seller's costs, including attorneys' fees and damages awarded. 16. SURVIVAL. This Addendum and related terms in the Agreement of Sale will survive settlement. All other terms and conditions of the Agreement of Sale remain unchangeCd/and in full effect. files' 41^4� ©nnes ��;vii` / , .14•,,� c ss'�v-i fri&n 3 /o` ke' lS %acv 92 WITNES 93 WITNESS 94 WITNESS 9s 'WITNESS 96 WITNESS 97 WITNESS BUYE _MAE BUYER outSturMJ BK SELLS. .SYC'Es.cE... SELLE l( oi,,5,4jth SELLS K3977880576477._ PRE Page 2 of 2 DATE DATE DATE DATE 12/10/2011 DATE 12/9/2011 DATE DocuSign Envelope ID: 5917924C-C4EA-4799-9BDD-6D539D31COD9 CONSUMER NOTICE THIS IS NOT A CONTRACT CN 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 (RELRA) 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 prop- erty 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 desig- nated 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 transa- ction 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 asking/listing 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. fC —ods —DDS p 1Et IvlFvl. 12/08 DocuSign Envelope ID: 5917924C-C4EA-4799-9BDD-6D539D31COD9 • 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, alI 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. I acknowledge that I have received this disclosure. Date Dec 9, 20111/7/2012 Date Dec 9, 2011 1/12/2012 ACKNOWLEGDGMENT ERNEST H MARTINEZ (Consumer's Printed Name) TINA M MARTINEZ (Consumer's Printed Name) .DDo�cuSigned by: La vwS� �i A tv.Vj (Consumgpg Vora Gw .. ,.—DDo�cu�Signnedby Alt q (/ /%} (conitrm€HQ i ft@arE... I certify that I have provided this document to the abov consumer. Date Dec 9, 2011 STEVE BICKFORD (Licensee's Printed Name) (Licensee's Signatur RS211835L Adopted by the State Real Estate Commission at49 Pa. Code §35.336 (License #) DocuSign Envelope ID: 5917924C-C4EA-4799-9BDD-6D539D31COD9 ti BUYER (TENANT) AGENCY CONTRACT This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS* (PAR). Note:Theterms "buyer,' "eiler, 'agreement of sale,' and "purthaseaIso will bt construcdte mean "tenant,""landlord," "lease," and "rent,"respectively, throughout this agreement. BROKER (Company) Coldwell Banker Select Professionals • LICENSEE(S) (Name) STEVE BICKFORD Company Address 4075 MARKET ST Company Phone Company Fax CAMP HILL PA 17011 7 BUYER ERNEST H MARTINEZ 9 10 Direct Phone(s) BAC Cell Phone(s) 717-579-9126 Fax Email sbickford@cbsp.com TINA M MARTINEZ BUYER'S MAILING ADDRESS 11 PHONE 12 EMAIL FAX 13 Buyer understands that this Buyer Agency Contract is between Broker and Buyer. i Does Buyer have a Buyer Agency Contract with another broker? E] Yes No 15 If yes, explain: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 40 47 48 49 50 til 53 54 55 1. STARTING & ENDING DATES OF LISTING CONTRACT (ALSO CALLED "TERM") (A) No Association of REALTORS® has set or recommended the term of this contract. Broker/Licensee and Buyer have discussed and and agreed upon the length or term of this Contract. Broker may be paid a fee that is a percentage of the purchase price. Even though though Broker's Fee, or a portion of it, may be paid by seller or listing broker, Broker will continue to represent the interests of Buyer. (B) This Contract applies to any property that Buyer chooses to purchase during the term of this Contract. Buyer will not enter into a Buyer Agency Contract with another broker/licensee that begins before the Ending Date of this Contract. Starting Date: This Contract starts when signed by Buyer and Broker, unless otherwise stated here: Ending Date:This contract ends at 11:59 PM on settlement (C) If Buyer is negotiating or has entered into an Agreement of Sale, this Contract ends upon settlement. 2. BROKER'S FEE (A) No Association of REALTORS° has set or recommended the Broker's Fee. Broker and Buyer have negotiated the fee Broker will receive for performing real estate services for Buyer. (8) Broker's Fee, paid by Buyer to Broker, is as follows: 1. (a) In a purchase transaction with a seller represented by a real estate broker the fee is 2.5 % of the sales price OR $ , whichever is greater, AND $ 295.00 (b) In a purchase transaction with a seller who is not represented by a real estate broker the fee is 2.5 %ofthe sales price or $ , whichever is greater, AND $ 2. Broker's Fee in event of lease transaction is: ONE MONTH RENT 3. It is Broker's policy to accept compensation offered by the listing broker. If the amount received from the listing broker is less than the amount in paragraph 2(B)1, in a purchase transaction, or 2(B)2, in a lease transaction, Buyer will pay Broker the difference, unless seller agrees to pay the difference as a term In the agreement of sale. 4. $ of Broker's Fee is earned and due (non-refundable) at signing of this Buyer Agency Contract. 5. Other (C) 1. The balance of Broker's Fee is earned if Buyer enters into an agreement of sale during the term of this Contract, whether brought about by Broker, Broker's Licensee(s) or by any other person, including Buyer. If Buyer defaults on the terms of an agreement of sale, Broker's Fee will be paid by Buyer to Broker at that time. 2. If Buyer enters into an agreement of sale for a property after the Ending Date of this Contract, Buyer will pay Broker's Fee if: (a) (b) (c) The agreement of sale is a result of Broker's actions during the term of this Contract, OR The property was seen during the term of this Contract, AND Buyer is not under an exclusive buyer agency contract with another broker at the time Buyer enters into an agreement of sale. (D) Buyer Is advised that contacting a listing broker or seller directly may compromise Broker's ability to earn a compensation from a listing broker and could result in Buyer's obligation to pay a fee to Broker. 3. DUAL AGENCY Buyer agrees that Broker and Broker's Licensee(s) stated above may also represent the seller(s) of the property Buyer might buy. A Broker is a Dual Agent when a Broker represents both Buyer and a seller In the same transaction. A Licensee is a Dual Agent when a Licensee represents a Buyer and a seller in the same transaction. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and a seller, If the same Licensee is designated for Buyer and a seller, the Licensee is a Dual Agent. B nbgnd- , °s that Broker is a Dual Agent when Buyer is viewing properties listed by Broker. iyer Initia Pennsylvania Association of REALTORS' BAC Page 1 of 3 Broker/Licensee'nitiaf COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS° 2011 2/11 DocuSign Envelope ID: 5917924C-C4EA-4799-9BDO-6D539031COD9 57 4. DESIGN/QED AGENCY 58 Designated Agency if applicable, uniess checked below, Broker deslgnates the Licensee(s) stated above to exclusively represent the 59 interests of Buyer. IfLicensee balso the Seller's Agent, then Licensee is a DUAL AGENT. 60 Designated Agency is not applicable. u) 5. CONFLICT OF JNTEREST 62 it is a conflict of interest when Broker or Ucensee has a finandal or personal interest in the property and/or cannot put Buyer's 03 interests before any other. If Broker, or any of Broker's licensees, has a conflict of interest, Broker will notify Buyer in a timely 64 manner. 65 6. 8ROKER'S SERVICES TO SELLER 60 Broker may provide services to a seller for which Broker may accept a fee. Such services may include, but are not limited to, listing 67 property for sale; representing the Seller as Seller Agent; deed/document preparation; ordering certifications required for closing; 6S financial services; title transfer and preparation services; ordering insurance, construction, repair, or inspection services. 69 7. OTHER BUYER 70 Broker/Licensee may show the same properties to other buyers and may represent those buyers in attempts to purchase the same 7/ property. 72 8. NO OTHER CONTRAcTS 7.3 Buyer will not enter into another buyer agency contract with another broker that begins before the Ending Date of this Contract. 74 9. ENTIRE CONTRACT 75 This Contract is the entire agreement betweo8mkerandBuye:Anyverba|ormnittenagneememsthatweremadobehoreasnota 7A part ofthis Contract. /7 10. CHANGES TO THIS CONTRACT 78 All changes to this Contract must be in writing and signed by Broker and Buyer. 79 11. TRANSFER OF THIS CONTRACT 80 Buyer agreethat Broker may transfer this Contract to another broker when: 81 (1) Broker stops doing business, 06 (2) Broker forms a new real estate business, OR 83 (3) Brokerjoins his business with another. 84 Broker will notify Buyer immediately in writing If Broker transfers this Contract to another Broker. Buyer will follow all requirements ofthis Contract wlth the new broker. 86 12. CONFIDENTIALITY 87 Buyer understands that seller or sellers' representatives might not treat the existence, terms or conditions of any offers as 88 confidential unless there isa confidentiality agreement betweenen Buyer and the seller. 89 13. EXPERTISE OF REAL ESTATE AGENTS 90 Pennsylvania real estate agents are required to be licensed by the Commonwealth of Pennsylvania and are obligated to disclose 91 adverse factors about a property that are reasonably apparent to someone with expertise in the marketing of real property. 92 (A) If Buyer wants information regarding specific conditions or components of the property which are outside the Agent's expertise, 93 Buyer is encouraged to seek the advlse of an appropriate professional. 94 (B) If Buyer wants financial, legal, or any other advice, Buyer is encouraged to seek the services of an accountant, lawyer, or other 95 appropriate professional. 96 1z.DEPOSIT MONEY 97 (A) Broker will keep (or will give to the listing broker, who will keep) all deposit monies that Broker/Ucensee receives in an escrow »e account as required by the real estate licensing laws and regulations until the sale is completed or an agreement of sale Is 99 terminated, or the terms of a prior written agreement between the Buyer and a seller have been met. Buyer and Seller may 100 name anon-licen��e as the escrow holdr, iwhichca�� the escrow holder will bbound bthe termsvfthe escrow agreement, i»1 not buy the Real Estate Licensing and Registration Act. 102 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies 103 to determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit 104 monies: 105 1. If an agreement of sale is terminated prior to the settlement and there is no dispute over entitlement to the deposit monies. lOa A written agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 107 2. If, after Brokehas received deposit monies, Broker receivea written agreement that is signed by Buyer and Sefler, directing 10$ Broker how todistribute some nrall ofthe deposit monies. 109 3. According to the terms of a final order of court. '170 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the 111 deposit monies if there is a dispute between the parties that is not resolved. 112 (C) Buyer agrees that if Buyer names Broker or Brokees licensee(s) in litigation regarding deposit monies, the attorneys' fees and 113 costs ofthe Broker(s) and licensee(s) will be paid by Buyer. 114 1a.CIVIL. RIGHTS ACTS 115 Federal and statlaws make it illegal for a seller, broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, 116 DISABILITY hysical or mentl), FAMILIAL STATUS (children inder 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE 117 OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO AN INDIVIDUAL 118 KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as 119 reasons for argdecisiopsrelating to the sale or rental of property. 120 Buyer Initials -hit BAC Page 2 of 3 amker/LicrnseeNit DocuSign Envelope ID: 5917924C-C4EA-4799-9BDD-6D539D31 COD9 121 16. NOTICE REGARDING CONVICTED SEX OFFENDERS (MEGAN'S LAW) 122 The Pennsylvania General Assembly has passed legislation (often referred to as "Megan's Law," 42 Pa.C.S. 59791 et seq.) providing 123 for community notification of certain convicted sex offenders. Buyers are encouraged to contact the municipal police department 124 or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property, or to check 125 the information on the Pennsylvania State Police Web site at www.pameganslaw.state.pa.us. 126 17. BUYER INSPECTIONS 127 (A) Unless Buyer and a seller agree otherwise, real estate is sold IN ITS PRESENT CONDITION. It is Buyer's responsibility to determine 128 whether the condition of the property is satisfactory. Buyer is advised to carry out an inspection, at Buyer's expense, by 129 qualified professionals to determine the condition of the structure or its components. Areas of concern may include, but are 130 not limited to: electrical; plumbing; heating, ventilating and air conditioning; appliances and fixtures; water infiltration; 131 basement; roof; property boundaries; asbestos, mold and indoor air quality, carbon monoxide, radon, and environmental 132 hazards or substances; wood -destroying insect infestation; on-site water service and/or sewage system; property insurance; 133 deeds, restriction and zoning; and lead-based paint. Buyer should discuss inspections and any special needs with Licensee. 134 135 (B) Buyer is advised that information regarding properties considered for purchase by Buyer has been provided by a seller or a i 36 seller's broker. Such information may include, but is not limited to, the information on the Seller's Property Disclosure Statement, 137 including environmental conditions; MLS information, including information regarding restrictions, taxes, assessments, 138 association fees, zoning restrictions, dimensions, boundaries (if identified); and marketing information. Unless otherwise noted, 139 Broker has not verified the accuracy of this information, and Buyer is advised to investigate its accuracy. 140 18. RECOVERY FUND 141 Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgement) 142 against a Pennsylvania real estate license because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays 143 persons who have not been able to collect the judgement after trying all lawful ways to do so. For complete details about the Fund, 144 call ( 717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 145 19. SPECIAL CLAUSES 1.46 A. The following are part of this Buyer Agency Contract if checked: 147 0 Single Agency Addendum (PAR Form SA) 148 ❑ Additional Terms: 149 150 B. 151 152 153 154 155 156 15. 1513 Buyer has read and received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code 535.336. 159 Buyer has read the entire Contract before signing. Buyer must sign this Contract. 160 Buyer gives permission for Broker to send information about this transaction to the fax number(s) and/or email address(es) 161 listed. 162 Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the 163 signatures of all parties, constitutes acceptance by the parties. 164 This contract may be executed in one or more counterparts, each of which shall be deemed to be an original and which coun- 165 terparts together shall constitute one and the same Agreement of the Parties. 166 NOTICE BEFORE SIGNING: IF BUYER HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT A PENNSYLVANIA REAL 167 ESTATE ATTORNEY DocuSiened by: 168 BUYER fRALSt (k M.a4l UA1 169 BUYER 3.11AA, M Mi+>in t.+� 170 BUYER `_F8B4D3894BC841E... 171 BROKER (Company Name) Coldwell Banker Select Pr essiona iut.) 172 ACCEPTED ON BEHALF OF BROKER BY DATE 12/9/2011 DATE 12/9/2011 DATE 1/7/2012 1/12/2012 BAC Page 3 o DATE 12/9/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANK OROZCO, and AMY L. OROZCO Plaintiffs No.: 14-1949 CIVIL v. ERNEST H. MARTINEZ, and TINA M. MARTINEZ Defendants VERIFICATION I hereby acknowledge reading the foregoing preliminary objections and hereby verify that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to Date: 61)1/1 uthorities. Ernest H. Martinez, Defenda IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANK OROZCO, and AMY L. OROZCO Plaintiffs v. ERNEST H. MARTINEZ, and TINA M. MARTINEZ Defendants AND NOW, this No.: 14-1949 CERTIFICATE OF SERVICE day of 4/0 CIVIL 2014, I, David J. Lenox, Esquire, hereby certify that I sent a true and correct copy of the foregoing Preliminary Objections by placing a copy of the same in the United States Mail, postage prepaid, to the following: Peter M. Good, Esquire Attorney for Plaintiffs Caldwell & Kerns 3661 North Front Street Harrisburg, PA 17110 David J. Y.eno , Esqui -e Attorney for Defendants Attorney I.D. Number 29078 8 Tristan Drive, Suite 3 Dillsburg, PA 17019 717-271-7175 LED-0Fj'HCL OF THE PRD HONO tAR 2014 MAY -2 PM 2: 36 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANK OROZCO, and AMY L. OROZCO Plaintiffs v. ERNEST H. MARTINEZ, and TINA M. MARTINEZ Defendants No.: 14-1949 CIVIL PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of David J. Lenox, Esquire, on behalf Ernest H. Martinez, and Tina M. Martinez, Defendants in the above -captioned matter. Date: David J. Len• , Es4iuire Attorney for Defendants I.D.# 29078 8 Tristan Drive Dillsburg, PA 17019 (717) 271-7175 law@davidjlenox.comcastbiz.net