HomeMy WebLinkAbout1992 - Purchase and Sale Agreement - Aliment Benjamin / Aliment Tammy - 9203260784PSMLA Form Ao. 21 DATE 3 Z. m Copyright 1991
Rev. 6/91 puast Sound Multl Listing Association
Page 1 of 2 Pages RESIDENTIAL.REAL ESTATE PURCHASED SALE AGREEMENT ALL RIGHT ESEriVEt)
THIS AG4,EEMENT AFFECTS YOUR LEGAL RIGHTS. YOU ARE ADVI ,T SEEK L Ff3,AL ADV/CF_BEFORE SIGNING,
r 'f 7Aot
March 13 '19 92
The Buyer, CITY OF TMIILA agrees to buy
and Seller agrees to sell, on the following terms, the property known as 5 146th St.
Cityof Tulwila ki ng, County, Washington,legallydescdbegMas attached ❑asfollows:
(Buyer and Seller authorize agent or dosing agent to Insert or correct, over their signatures, the legal description of the proper
11,,E A ��4 Fb
1. PURCHASE PRICE. The purchase price is One Hundred Seventy Thousand and no CIE 1"k R
$170.000.00 including the earnest money. h
2. METHOD OF PAYMENT. pull
0
Buyer agrees to pay all cash at closing including the herein receipted earnest money.
3. FINANCING, This offer is 6 is not conditioned on Buyer obtaining a Conventional FHA VA purchase loan. (If It is, attach Addendum No. 22A)
4. CONTINGENCY. This agreement is is not conditioned.on the sate of Buyer's home. (If It is, attach Addendum No. 22B)
5. STRUCTURAL /HAZARDOUS MATERIALS INSPECTION. This Agreement:
is Is not conditioned on a professional inspection of the structural, mechanical and general condition of the property. If It is, attach PSMLA Form No. 35A or other Building
Inspection Addendum.
13K] Is not conditioned on a professional hazardous materials Inspection of the property. If it is, attach PSMLA Form No. 35B or other Hazardous Materials Inspection
Addendum,
The parties acknowledge that Agent has no expertise on these matters, and recommends the above Inspections.
6. UTILITIES, Seller warrants that the property is connected to a:] public water main well)] public sewer main septic tank none of the foregoing.
t 7. LEASED FIXTURES. THE FOLLOWING FIXTURES ARE LEASED: lurione furnace gas conversion burner hot water heater other:
y Any leased fixt are Included le and SELLER AG REESTO ACQUIRE TITLE TOTHE SAME PRIORTO CLOSING.
i CLOSING OF SALE. The closing agent shall3e *i �s or such other closing agent as Buyer shall designate.
.J
If paragraph 4 above Is not conditioned on sale of Buyer's home this sale shall be dosed on April 16 ,19 or sooner by agreementof theparties.
It paragraph 4 above Is conditioned on sale of Buyer's home this sale shall be closed VA days (10 days If not filled in) after closing the sale of Buyer's home
or days (30 if not filled in) after Buyer's waiver of that contingency, or sooner by agreement of the parties.
9. POSSESSION. Buyer shall be entitled to possession)on closing
"Closing" means the date on which all documents are recorded and the sale proceeds are available to Seller. Seller agrees to maintain the property and induded appliances
In their present condition, normal wear and tear excepted, until Buyer Is entitled to possession. 1 y,
10. GENCY DISCLOSURE. At the signing of this agreement, the Selling Agentt
t' (insert names ofSelling Agent and broker)
presented S p- and the Listing Agent lfukl�ox
(Insert names o IAsting Agent and broker)
represented E'✓ Each party signing this agreement confirms that prior oral and /or written disclosure of agency was provided to him/
her In this transaction.
11, DEFAULT AND ATTORNEY'S FEES. If the following conditions are met, and the Buyer falls, without legal excuse (grounds) to complete the purchase of the prdperty, the
eamest money deposit made by the Buyer shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure:
(1) The earnest money does not exceed 5% of the purchase price.
(2) If Buyer Is purchasing the property primarily for personal, family or household purposes, Buyer and Seiler must initials here for the above clause to apply:
Sellers Buyers
If both the above conditions are not met, and Buyer fails, without legal excuse (grounds), to complete the purchase of the property, Seller shall have the option to either: (a)
Retain the earnest money as liquidated damages, (b) Collect actual damages, or (c) Obtain specific performance together with any Incidental damages.
IJ Buyer, Seller or Agent institutes suit under this Agreement, the prevailing parry is entitled to court costs and a reasonable attorney's fee. In the event of trial the amount
of the attorney's fee shall be fixed by the court. The venue of any suit shall be the county in which the property Is located.
12. INCLUDED ITEMS. Any of the following personal property located in or on the property is Ind uded in this sale: built -in appliances; wall- to-wall carpeting; curtains, drapes and
all other window treatments; window and door screens; awnings; storm doors and windows; installed television antennas; ventilating, air conditioning, and heating equipment;
wood stoves; fireplace Inserts; Irrigation fixtures and equipment; electric garage door openers; water heaters; Installed electrical fixtures; lights and light bulbs; shrubs, plants
and trees; hot tubs; and, all bathroom and other fixtures.
13. CONDITION OF TITLE. Unless otherwise specified in this Agreement, title to the property shall be marketable at closing. The following shall not cause the tltle to be
unmarketable:. rights, reservations, covenants, conditions and restrictions presently of record and general to the area; easements and encroachments not materially affecting
the value of or unduly Interfering with Buyer's intended use of the property; and reserved oil and /or mining rights. Monetary encumbrances not assumed by Buyer shall be paid
by the Seller on or before closing.
14. TITLE INSURANCE. Seller authorizes Lender. or Closing Agent, at Seller's expense, to apply for a standard form buyer's policy of tltle Insurance, with homeowners additional
protection and Inflation protection endorsements if available at no additional cost. The preliminary commitment therefor, and the title policy to be Issued, shall contain no
exceptions other than the General Exclusions and Exceptions in said standard form. If title cannot be made so Insurable prior to the dosing date the earnest money shall,
unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in paragraph 29 hereof, and this Agreement shall
thereupon be terminated.
15. CONVEYANCING /PERFORMANCE.
WARRANTY DEED. Title shall be conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a Buyers Interest in a Real Estate Contract, the Statutory
Warranty Deed shall Include a Buyer's assignment of the contract sufficient to convey after acquired title.
SECURITY. if this Agreement is for sale on either a Real Estate Contract or a Note secured by Deed of Trust, the parties agree to the FORM(S) ATTACHED HERETO unless
an Institution providing financing requires different forms. If Real Estate Contract Form LPB -441s attached hereto, only those optional clauses In that form required by the terms
of this Agreement shall apply.
LIABILITY FOR PAYMENTS. The holder is entitled to collect payments on a Real Estate Contract or Note EVEN THOUGH THE BUYER ABANDONS and/or offers to quit
claim the property to the holder.
PERFORMANCE. Time Is of the essence of this Agreement.
ASSIGNMENT. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless provided otherwise herein.
16. UNDERLYING ENCUMBRANCES. If there is an existing Deed of Trust, Real Estate Contract, or other encumbrance which Is to remain unpaid after closing and its terms
require the holders consent to this sale, Buyer agrees to promptly apply for such consent and this Agreement is conditioned on it being obtained.
17. CONDITION OF WELL. Seller warrants the private well (if any) serving the property: (a) Has always provided an adequate supply of household and yard water, meeting State
Department of Social and Health Services purity standards; and (b) Continued use of the well is authorized by a State Water Right Certificate or,Js legally exempt from the
requirement of a Certificate.
18. CONDITION OF SEPTIC SYSTEM. Seller warrants that the septic system (if any) serving the property is: (a) In good working order and Seller has no knowledge of any needed
repairs; and (b) Meets all applicable Governmental, health, constructlon.and other standards.
INITIALS: Buyej; Buyer Seller J' d l! Seiler
t
(PSMLA Form No; 21 O Copyright 1991
Rev. 6/91 Puget Sound Multiple Listing Association
Pogo 2 Pages ALL RIGHTS ESERVED
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT
r (CONTINUED)
C Lam! l�'
19. SALE INFORMATION. Selling Agent is authorized to report
this Agreement incl,. price and all terms to the Multiple Listin Service that published It and to its members; 7tfm�� r
9 9 Po 9 9. 9 P
financing institutions; appraisers; and anyone else reiated to this sale.
20.
21. CLOSING COSTS AND PRORATION. Seller and Buyer shall each pay one -half of escrow fee unless this sale is FHA or VA financed, In which case It shall be paid according
to FHA or VA regulations. Seller shall pay real estate excise tax. Taxes for the current year, rent, Interest, and Ilenable home owners association dues shall be prorated as
of dosing. Buyer agrees to pay Buyers loan costs, induding credit report, appraisal charge and mortgagee's-title Insurance, unless pr&lded 6dier.wise in. this Agreement. If
any payments are delinquent on encumbrances which will remain after dosing, Closing Agent Is instructed to pay them at closing f(om money due, OA6 tie ped by, Seller. Buyer
agrees to pay for remaining oil in fuel tank provided that, prior to dosing, Seller obtains a written statement as to the quantity and current price thereof from the supplier. Seller
agrees to pay all utility charges (including unbilled charges). Buyer understands that the real estate Agents) Is not responsible for, or to Insure payment of, Sellers utility charges.
y 22. INSULATION NEW CONSTRUCTION. If this is new construction, Federal Trade Commission Regulations require the following to be filled in: (If insulation is notyetselected,
FTC regulations require Seller to furnish Buyer the Information below In writing as soon as available.)
r Wall Insulation: Type: Thickness: R- Value:
Ceiling Insulation: Type: Thickness: R- Value:
Other Insulation data:
23. NOTICES. Unless otherwise specified, any notice required or permitted In, or related to, this Agreement must be in grating Igned by any one B
husband or wife); and received e or Seller (Including either
�1715'e1G5g^�G§i JiiNb;4&7t5f'stGu 1® y L Y.
o her arty OiIIB r&
Any time limit in or applicable to a notice shall commence on the day following receipt of the notice by theS6UI§, unless that Is a Saturday, Sunday or holiday, In which
event it will commence on the next foilowin busin ss day.
e e
•N SELLER AND BUYER MUST KEEP ADVISED OF THEIR WHEREABOUTS TORECEIVE PROMPT NOTIFICATION OF E I
7CSl'i(17116A^3X7fP1IL' EZYt'V' `N11�G �fH'E'"Fa`FY Y
0F: E7MC' XGXWUI3E[=JRE4tXlXKZ
C 24. FACSIMILE TRANSMISSION. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as delivery
N of an original.,At the request of either party, or the Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document.
25. BUYER'S FUNDS TO CLOSE. Buyer represents that Buyer has sufficient funds to close this sale in accordance with this Agreement, and is not relying on any contingent
source of funds or gifts unless expressly set forth elsewhere in this Agreement.
26. OTHER AGREEMENTS.
hone
27. ADDENDUMS. In addition to any other Addendums.referred to in this Agreement, the following Addendums are attached hereto: NoneU A
26. COUNTEROFFER s a future counteroffer, the other parry shall have until 9:00 p.m. on the 2nd day If not filled in, the second day) following Its
receipt bye '6M to accept the counteroffer, unless sooner withdrawn. Acceptance is not affective until a signed copy thereof is received by TrI the
"j� 1*jAt. If the counteroffer is.not it shall lapse and the earnest money shall be refunded to the Buyer.
j'29. O EA NEST MONEY RECEIPT. AFa `elt at b*yA $#e25e Buyer of $1, 000 00 earnest money, in the form of: C] Cash Personal check
Promissory note due ,19 X] Other Check to be held: By the Cl osing Agent
In Selling Agents pooled trust account (with Interest paid to the Washington Housing Fund). Selling Agent may, however, transfer the earnest money to the Closing Agent.
the earnest money Is to be held by Agent and is over $5,000, it shall be deposited to: Agent's pooled trust account A separate trust account in Agent's name, with
the Interest credited at dosing to Buyer/Seller (strike one) whose Social Security (or taxpayer ID) Number Is: If this sale fails to close,
whoever is entitled to the earnest money is entitled to the Interest.
Agent shall not deposit any check until Buyer and Seller have signed this Agreement. Buyer agrees to pay financing and purchase costs Incurred by Buyer. If all or part of
the earnest money is to be returned to uyer and any such costs remain unpaid, the Agent may deduct and pay them therefrom.
AGEP.'T(OFFICCE)) llTLilti; Office No./-9' 'Q Office Ph. Home Ph.
PRINT NkME+. 61
30. AGREEMENT TO PURCHASE -AND TIME LIMIT FOR ACCEPTANCE. Buyer offers to purchase the property on the above terms and conditions. Seller has until midnight
of March 18 19 92 to accept this offer. Acceptance is not effective until a signed copy hereof is actually receved bi W- 1,t�fi'I�b uyer
ISf 10 1f, s o Ip of sp of t sh Ilaa se and�IHrti it sha_IJ.refund the earnest money to Buyer.
ddr Buyer IL� 'tt Date 19 92 Home Ph.
John W. Rants yor
Buyer Date 19 Office Ph. 206 433 -1800
V
6�
Buyers Address �A0.,8outhGener.,- Bled., Tukwila, Wa. 98188
h
1.. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the property on the terms and conditions herein, and further agrees to pa; a commission
In a total amount computed in accordance with the listing agreement. The commission shall be apportioned between listing and selling Agents as specified In the listing.
4 there Is no written listing agreement, Seller agrees to pay a commission of see -Addendum A t� A h57 f 1 y
fsalespdceor$ ellerassignstoAgent( s) a portion ofthesales proceeds equal tothecommislbn. Ifearnestmoneyls retained asliquidated
damages, any costs advanced or committed by Agent for Buyer or Seller shall be reimbursed or paid therefrom, and the balAoe shall be di'videa equally between Seller and
Agent(s). Seller ackno recei t o py of reement, signed by both parties. �y
f ..ter 't/( l} !ice r�t1 �r�r` s/
k Seller Date s 19 Home Ph. fJ
Seller i n—w, Aj Date 19 Office Ph.
Print Seller Names Bin j amin D. Aliment and Taamy L. Aliment
Sellers Address 5830 S. 140th St.,., Tukwila, Wa. J 1 t
1'
Listing Office n/a Office No. Office Ph. MLS No.
32. BUYER'S RECEIPT. Buyer acknowledges receipt of a Seller,signed copy of this Agreement, on 19
BUYER r+-res 74/ BUYER C 9 "/4
iAn W. Rants, l�fayor a ty of IuKwi'l�, John Vj. Rants, Mayor,
WHITE Brokers Copy GREEN Escrow Copy CANARY Purchaser's 2nd Copy1 Sellars Copy;, GOLD `Purchasers 1 st Ckipy -Fr.^
Bttyer and Seller authorize all lenders, closing agents, appraisers, title insurance companies, and others related to this sale, to furnish the listing and/or selling agents, on request,
any and all information and copies of documents concerning the status, progress and final disposition of financing, appraisal, dosing, title condition, and any other matter
concerning this sale, INCLUDING BUYER'S CREDIT REPORT. (FHA regulations prohibit lenders giving credit information to anyone on FHA loans.)
ADDENDUM "A" TO PURCHASE SALE AGREEMENT DATED MARCH 13, 1992
BETW BENJAMIN D. ALIMENT AND TAMMY L. ALIMENT, HUSBAND AND WIFE,
SELLERS, AND CITY OF TUKWILA, BUYER.
1. Legal Description:
Lots 12 to 17, inclusive, Block 9, Hillman's Seattle Garden
Tracts, according to the plat thereof in Volume 11 of Plats,
page 24, in King County, Washington;
TOGETHER WITH that portion of vacated Edwards Avenue adjoining
on the north;
EXCEPT the south 20 feet of said Lots 12 to 17, inclusive,
conveyed to the Town of Tukwila for street purposes, by
instrument recorded under Recording Number 1996562 in King
County Auditor's File.
Situate in the County of King, State of Washington.
qd'
r
O
cN
CD
(Ni
Q`
2. HAZARDOUS WASTE:
Seller has no knowledge which indicates any part of the
Property has now or had in the past any hazardous substance or
contamination on, in, or at the Property or which indicates
there has at any time been any release or threatened release of
any hazardous substance from or into the Property as the terms
"hazardous substance "contamination "release" and
"threatened release" are used under either (i) the
Comprehensive Environmental Response, Compensation and
Liability Act and the Superfund amendment and Reauthorization
Act of 1986; (ii) Chapter 70.105D, Revised Codes of Washington;
or (iii) regulations implementing any of such laws. Seller has
no knowledge that any underground storage tanks are located on
the property. Seller has no knowledge which indicates that any
governmental agency has investigated, or has begun or intends
to begin any investigation of, the Property or has otherwise
performed or required or begun or intends to begin or to
require any remedial action with respect to the Property under
the authority of such laws or implementing regulations. These
warranties and representations shall survive closing and shall
not be merged in the deed and shall also survive any
inspections or investigation made by buyer.
3. Seller agrees that any and all fees or commissions due any
third party regarding the sale of the subject property shall be
solely the responsibility of the seller and buyer shall have no
responsibility for payment of any such fees or commissions.
J
Ve nja.in o D. Aliment, Date
Seller
3 70 q7 1/�J
Tammy L. liment, Date
Seller
hn W. Rants, Mayor, Date
City of Tukwila, Buyer