Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Contract To Exchange Real Estate (For All Types Of Properties) Form. This is a Colorado form and can be use in Real Estate Statewide.
Loading PDF...
Tags: Contract To Exchange Real Estate (For All Types Of Properties), EX30, Colorado Statewide, Real Estate
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . of
The printed. portions . this form, except differentiated additions, have been approved by the Colorado Real
:
Index No.
Estate Commission. (EX 30-5-04)
:
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT
Calendar No.
LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. USE OF THIS FORM FOR A NONSIMULTANEOUS EXCHANGE IS NOT RECOMMENDED.
:
JUDICIAL SUBPOENA
Plaintiff(s)
-against-
:
:
CONTRACT TO EXCHANGE REAL ESTATE
(FOR ALL TYPES OF PROPERTIES)
:
(SIMULTANEOUS EXCHANGE)
Defendant(s)
Date:
:
......................................................
1.
AGREEMENT TO CONVEY.
THE PEOPLE OF THEconvey Property One to Second Party and Second Party agrees to convey
First Party agrees to STATE OF NEW YORK
Property Two to First Party, on the terms and conditions set forth in this contract. The term Transferor is
sometimes used in this contract to identify the party conveying the respective property to the other party
TO
sometimes referred to as Transferee.
2.
DEFINED TERMS FOR PROPERTY ONE.
a.
Second Party. Second Party,
,
will GREETINGS:Property One described below as
take title to
Joint Tenants
Tenants In Common
Other
.
WE COMMAND YOU, One is the following legally described real estate: you and each of you attend before
b.
Property One. Property that all business and excuses being laid aside,
,
the Honorable
at the
Court
located at
County of
in the County of
, Colorado,
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
commonly known as No.
or adjourned date, to testifyStreetgive evidence as a witness in this action on the part Zipthe
and Address
of
City
State
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant
thereto, all interest of First Party in vacated streets and alleys adjacent thereto, except as herein
excluded.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
c.
Dates and Deadlines for Property One.
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result Reference Event
Date or Deadline
Item No. of your failure to comply.
1
§ 9a
Loan Application Deadline
, one of the Justices of the
2
§Witness, Honorable
9b
Loan Commitment Deadline
3 Court in § 9c
Second Party’s Credit Information 20
County,
day of
, Deadline
4
§ 9c
Disapproval of Second Party’s Credit Deadline
5
§ 9d
Existing Loan Documents Deadline
6
§ 9d
Objection to Existing Loan Documents Deadline must sign above and type name below)
(Attorney
7
§ 9d
Approval of Loan Transfer Deadline
8
§ 10a
Appraisal Deadline
9
§ 14a
Title Deadline
Attorney(s) for
10
§ 14c
Survey Deadline
11
§ 15c
Survey Objection Deadline
12
§ 14b
Document Request Deadline
13
§ 14d(2) & Governing Documents Objection Deadline and Title
Office and P.O. Address
§ 15a
Objection Deadline
14
§ 15b
Off-Record Matters Deadline
15
§ 15b
Off-Record Matters Objection Deadline
Telephone No.:
16
§ 15f
Right Of First Refusal Deadline
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 1 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
17
18
19
20
21
22
23
24
25
26
27
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .§. 17 .
.
Property Disclosure Deadline
:
§ 17a
Inspection Objection Deadline
§ 17b
Resolution Deadline
:
§ 17c
Property Insurance Objection Deadline
§ 18
Closing Date
:
Plaintiff(s)
§ 23
Possession Date
-against:
§ 23
Possession Time
§ 33
Acceptance Deadline Date
:
§ 33
Acceptance Deadline Time
Index No.
Calendar No.
JUDICIAL SUBPOENA
:
Defendant(s)
:
. . .d. . . . . . Attachments.. The .following. are.a. part of this contract:. . . . .
.
.......... ... ...... .. ..............
Note: The following disclosure forms are attached but are not a part of this contract:
THE PEOPLE OF THE STATE OF NEW YORK
e.
Applicability of Terms. A check or similar mark in a box means that such
TO
provision is applicable. The abbreviation "N/A" means not applicable. The abbreviation "MEC"
(mutual execution of this contract) means the latest date upon which both parties have signed this
contract.
3.
INCLUSIONS
GREETINGS: AND EXCLUSIONS FOR PROPERTY ONE. First Party agrees to
transfer to Second Party the following items (Inclusions One):
a.
Fixtures. If attached to Property One on the date of this contract, lighting, heating,
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
plumbing, ventilating, and air conditioning fixtures, TV antennas, inside telephone wiring and
,
the Honorable
at intercom systems, built-in kitchen
Court
connecting blocks/jacks, plants, mirrors, floor coverings, the
located at
County of
appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage
door openers including , remote controls; and
in room
on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
b.
.
Exclusions. The following attached fixtures are excluded from this exchange:
.
c.
Personal Property. If on Property One whether attached or notcontempt ofof this and will make you liable to
on the date court
Your failure to comply with this subpoena is punishable as a
contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
coverings, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating
result of sheds, and all comply.
stoves, storage your failure to keys. If checked, the following are included:
Water Softeners
Smoke/Fire Detectors
Security Systems
Satellite Systems (including satellite dishes) and
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
d.
Transfer of Personal Property. The Personal Property to be conveyed at Closing
shall be conveyed, by First Party, free and clear of all taxes, (except personal property taxes for the
year of closing), liens and encumbrances, except
.
(Attorney must sign above and type name below)
Conveyance shall be by bill of sale or other applicable legal instrument.
e.
Parking and Storage Facilities. The
Use Only
Ownership of the following
parking facilities:
; and the following storage facilities:
.
Attorney(s) for
f.
as follows:
g.
Trade Fixtures. With respect to trade fixtures, First Party and Second Party agree
Office and P.O. Address
Water Rights. The following legally described water rights:
Any water rights shall be conveyed by
deed or otherTelephone legal instrument.
applicable No.:
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 2 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
h.
Growing Crops. With respect to growing crops, First Party andIndex No.
Second Party agree as
follows:
:
i.
Value. The value of Property One and Inclusions One is $ :
Plaintiff(s)
Calendar No.
.
JUDICIAL SUBPOENA
4.
DEFINED TERMS FOR PROPERTY TWO.
-against:
a.
First Party. First Party,
, will take
title to Property Two described below as
Joint Tenants
Tenants In Common
:
Other
.
b.
Property Two. Property Two is the following legally described real estate:
:
Defendant(s)
, Colorado,
in the County of
:
.... ..... . ..
commonly. known . as.No.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Street Address
City
State
Zip
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant
thereto, all interest of First Party in vacated streets and alleys adjacent thereto, except as herein
excluded. PEOPLE OF THE STATE OF NEW YORK
THE
c.
Dates and Deadlines for Property Two.
TO
Date or Deadline
Item No.
Reference
Event
1
§ 12a
Loan Application Deadline
2
§ 12b
Loan Commitment Deadline
3 GREETINGS:
§ 12c
First Party's Credit Information Deadline
4
§ 12c
Disapproval of First Party's Credit Deadline
WE COMMAND YOU, that Documents Deadline
5
§ 12d
Existing Loan all business and excuses being laid aside, you and each of you attend before
,
Court
6 the Honorable
§ 12d
Objection to Existing Loan at the
Documents Deadline
7 County of 12d
§
Approval located at
of Loan Transfer Deadline
in room § 13a
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
8
Appraisal Deadline
or adjourned date, to testify and give evidence as a witness in this action on the part of the
9
§ 14a
Title Deadline
10
§ 14c
Survey Deadline
11
§ 15c
Survey Objection Deadline
12
§ 14b failure toDocument Request Deadlineis punishable as a contempt of court and will make you liable to
Your
comply with this subpoena
the party § 14d(2) &behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
on whose
13
Governing Documents Objection Deadline and
result of your failure to comply.
§ 15a
Title Objection Deadline
14
§ 15b
Off-Record Matters Deadline
15
§Witness, Honorable
15b
Off-Record Matters Objection Deadline
, one of the Justices of the
16 Court in § 15f
Right Of First Refusal Deadline, 20
County,
day of
17
§ 17
Property Disclosure Deadline
18
§ 17a
Inspection Objection Deadline
19
§ 17b
Resolution Deadline
(Attorney must sign above and type name below)
20
§ 17c
Property Insurance Objection Deadline
Item 21, § 2c
21
§ 18
Closing Date
22
§ 23
Possession Date
Attorney(s) for
23
§ 23
Possession Time
Item 21, § 2c
24
§ 33
Acceptance Deadline Date
Item 22, § 2c
25
§ 33
Acceptance Deadline Time
26
Office and P.O. Address
27
d.
Attachments. The following are a part of this contract:
Telephone No.:
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 3 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
Note: The following disclosure forms are attached but are not a part of this contract:
:
Calendar No.
e.
Applicability of Terms. A check or similar mark in a: box means that such
JUDICIAL
Plaintiff(s)
provision is applicable. The abbreviation "N/A" means not applicable. The abbreviation "MEC"SUBPOENA
(mutual execution of this contract) -against- latest date upon which both parties have signed this
means the
:
contract.
5.
INCLUSIONS AND EXCLUSIONS FOR PROPERTY TWO. :
Second Party agrees to
transfer to First Party the following items (Inclusions Two):
:
a.
Fixtures. If attached to Property Two on the date of this contract, lighting, heating,
plumbing, ventilating, and air conditioning fixtures, TV antennas, inside telephone wiring and
Defendant(s)
connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen
:
.... ...... ...... .. ...... ..... ...... ..... ......
appliances, . sprinkler. systems .and . controls, . built-in. vacuum .systems . (including accessories), garage
door openers including
remote controls; and
.
b.
Exclusions. The following NEW YORK
THE PEOPLE OF THE STATE OF attached fixtures are excluded from this exchange:
.
c.
Personal Property. If on Property Two whether attached or not on the date of this
TO
contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window
coverings, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating
stoves, storage sheds, and all keys. If checked, the following are included:
Water Softeners
Smoke/Fire Detectors
Security Systems
Satellite Systems (including satellite dishes) and
GREETINGS:
d.
Transfer of Personal Property. The Personal excuses to be laid aside, Closing
WE COMMAND YOU, that all business and Property beingconveyed at you and each of you attend before
shall be conveyed, by Second Party, free and clear of all taxes, (except personal property taxes for the
,
the Honorable
at the
Court
year of closing), liens and encumbrances, except at
located
County of
in room
, on the
day of
, 20
, at
o'clock in the.
noon, and at any recessed
or adjourned date, toof sale or other applicable legal instrument.in this action on the part of the
testify and give evidence as a witness
Conveyance shall be by bill
e.
Parking and Storage Facilities. The
Use Only
Ownership of the following
parking facilities:
; and the following storage facilities:
Your failure to comply with this subpoena is punishable as. a contempt of court and will make you liable to
Trade Fixtures. With respect to trade fixtures, a maximum Second of $50 and
thef.party on whose behalf this subpoena was issued forFirst Party andpenalty Party agree all damages sustained as a
as follows: of your failure to comply.
result
Witness, Honorablefollowing legally described water rights:
Water Rights. The
Court in
County,
day of
, 20
g.
, one of the Justices of the
Any water rights shall be conveyed by
deed or other applicable legal instrument.
(Attorney must sign Party agree name
h.
Growing Crops. With respect to growing crops, First Party and Second above and type as below)
follows:
Attorney(s) for
i.
Value. The value of Property Two and Inclusions Two is $
.
6.
EARNEST MONEY.
First Party deposits the Earnest Money in the amount of
$
, in the form of
, which shall be payable to
and held by
, in its trust account; Office and P.O. Address the
and Second Party deposits
Earnest Money in the amount of $
, in the form of
, which
shall be payable to and held by
(Earnest Money Holder), in its
trust account. All Earnest Money shall be held on behalf of both parties. The Earnest Money deposits
Telephone No.:
shall be tendered with this contract unless the parties mutually agree and set forth a different deadline in
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 4 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
171
172
173
174
175
176
177
178
179
180
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .. . .. ..
writing.for .its .payment. In the event Earnest Money Holder has agreed to have interest on earnest money
:
deposits transferred to a fund established for the purpose of providing affordable Index No. Colorado
housing to
residents, the parties acknowledge and agree that any interest accruing on the Earnest Money deposited
with the Earnest Money Holder in this transaction shall be transferred to such: fund. Calendar No.
The parties authorize
delivery of the Earnest Money deposits to the closing company, if any, at or before Closing.
:
JUDICIAL SUBPOENA
Plaintiff(s)
7.
DIFFERENCE BETWEEN EQUITIES. The difference in equities of the respective properties,
after having considered and deducted existing loans not to be released at Closing, shall for purposes of this
-against:
contract be as calculated below in this section:
Property One and
Inclusions One
Value
Less Debt
Equity
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
-
$
$
$
Property Two and
Inclusions Two
Value
Less Debt
Defendant(s)
Equity
:
:$
$
:$
......................................................
The difference is $
(Equity Difference).
The Equity Difference shall be paid at Closing in U.S. dollars by the Party having the smaller Equity
(determined above) as set forth in sections 8 and 11 below, or as follows:
THE PEOPLE OF THE STATE OF NEW YORK
TO
.
8.
FINANCIAL OBLIGATIONS TO ACQUIRE PROPERTY ONE.
The parties agree that Second Party shall fulfill the following to acquire Property One:
a.
Equity Difference and Terms.
The Equity Difference shall be payable in
U. S.GREETINGS:
Dollars by Second Party as follows:
Item No. Reference
Item
Amount
Amount
WE COMMAND Difference all business and excuses being laid aside, you and each of you attend before
YOU, that
1
§7
Equity
$
,
at the
Court
2 the Honorable
§6
Earnest Money
3 County 8b
§ of
New Loan located at
4 in room8c
§
Existing
, on the Loan Balance
day of
, 20
, at
o'clock in the
noon, and at any recessed
5 or adjourned date, to Owner or Private evidence as a witness in this action on the part of the
§ 8d
testify and give Financing
6
§ 8e
Cash at Closing
7
§ 8f
Other
8
$
$
TOTAL
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
New Loan.
theb.
party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
(1) of your failure Loan. Second Party shall obtain a new loan as set forth in this section.
New First to comply.
result
This loan will be secured by a
(1st, 2nd, etc.) deed of trust.
The total loan amount, not in excess of $
, shall be amortized over a period of
Witness, Honorable at approximately $
, one of including
the Justices of the
Years
Months, payable
per
principal and interest County,
not to exceed day of
% per annum, plus, if required by Second
Court in
, 20
Party's lender, a deposit of
of the estimated annual real estate taxes and property
insurance premium. If the loan is an adjustable interest rate or graduated payment loan, the
payments and interest rate initially shall not exceed the figures set forth above.
Loan discount points, if any, shall be paid to lender at Closing and shall not exceed above andof name below)
% type the
(Attorney must sign
loan discount points shall be
total loan amount. Notwithstanding the loan's interest rate, the first
paid by
, and the balance, if any, shall be paid by
.
Second Party shall timely pay Second Party 's loan costs and a loan origination fee not to exceed
% of the loan amount.
Attorney(s) for
(2)
New Second Loan. Second Party shall obtain a new loan set forth in this section as
follows:
This loan will be secured by a
(2nd, etc.) deed of trust.
The total loan amount, not in excess of $
, shall be amortized
over a period of
years at approximately $
per
including principal
Office and P.O. Address
and interest not to exceed
% per annum. If the loan is an adjustable interest rate or graduated
payment loan, the payments and interest rate initially shall not exceed the figures set forth above.
Telephone No.:
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 5 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .Loan.discount points, if any, shall be paid to lender at Closing and shall not exceed
... .. ..
%
: loan Index No.points
of the total loan amount. Notwithstanding the loan's interest rate, the first
discount
, and the balance, if any, shall be paid by
.
shall be paid by
Second Party shall timely pay Second Party's loan costs and a loan :
origination fee not to
Calendar No.
exceed % of the loan amount.
c.
Existing Loan. Second Party agrees to:
Assume and Pay
Take Subject To an
:
Plaintiff(s)
existing loan in this approximate amount, presently payable at $
per JUDICIAL SUBPOENA
including:
principal, interest presently at
% per annum, and also including escrow for the following as
-against:
indicated:
Real Estate Taxes,
Property Insurance Premium, and
(Escrow).
Second Party agrees to pay a loan transfer fee not to exceed $
. At the time of
:
% per annum and the new payment shall not exceed $
Closing, the new interest rate shall not exceed
principal and interest, plus Escrow if any. If the actual principal balance of the
:
existing loan at Closing is less than the Existing Loan Balance, which causes the amount of cash required
from Second Party at Closing to be increased by more than $
, then
Second
Defendant(s)
Party May Terminate this contract effective upon receipt by First Party of Second Party's written notice of
:
.... .
.
termination.or. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
First Party
Shall
Shall Not be released from liability on said loan. If applicable, compliance
with the requirements for release from liability shall be evidenced by delivery at Closing of appropriate letter
of commitment from lender. Cost payable for release of liability shall be paid by
in an amount STATE OF $
.
THE PEOPLE OF THEnot to exceed NEW YORK
d.
Owner or Private Financing. Second Party agrees to execute a promissory note payable
to: TO
, as
Joint Tenants
Tenants in
Common
Other
, on the note form
as indicated:
(UCCC - No Default Rate) NTD 82-5-04
(Default Rate) NTD 81-5-04
Other
secured by a _____ (lst, 2nd, etc.) deed of trust
GREETINGS:
encumbering the Property, using the form as indicated:
Strict Due-On-Sale (TD 72-5-04)
Creditworthy (TD 73-5-04)
Assumable - Not Due On Sale (TD 74-5-04)
Other
.
The promissory note shall be amortized all the basis of excuses being laid aside, you and each of you attend before
Years
Months, payable at
WE COMMAND YOU, that on business and
$
per
including principal and interest at the rate of Court % per annum.
,
the Honorable
at the
and shall be due on the
day of each succeeding
.
Payments shallof
commence
located at
County
If not sooner paid, the balance of principal and accrued interest shall be due and payable
in room after Closing. Payments of
, on the
day Shall Shall ,Not be increased by o'clock in the
20
, at
noon, and at any recessed
or adjourned real estate taxes, and give evidence as Not be increased by
date, to testify and Shall Shall a witness in this action on the part of the
of estimated annual
of
estimated annual property insurance premium. The loan shall also contain the following terms: (1) if any
payment is not received within
calendar days after its due date, a late charge of
%
of such payment shall be due, (2) interest on lender disbursements under the deed of trust shall be ____% per
Your failure shall be
annum, (3) default interest rateto comply with per annum, (4) is punishable as a contempt of court and will make you liable to
% this subpoena Second Party may prepay without a penalty
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
except
,
result of your failure to comply.
and (5) Second Party
Shall
Shall Not execute and deliver, at Closing, a Security Agreement and UCC1 Financing Statement granting the holder of the promissory note a
(1st, 2nd, etc.) lien on the
Witness, in this sale.
, one of the Justices of the
personal property included Honorable
Court in Party
County, Not provide a mortgagee’s title insurance policy, at Second Party’s
day of
, 20
Second
Shall
Shall
expense.
e.
Cash At Closing. All amounts paid by Second Party at closing including Cash at Closing,
plus Second Party's closing costs, shall be in funds which comply with all applicable Colorado laws, which
(Attorney must and cashier's check
include cash, electronic transfer funds, certified check, savings and loan teller's check sign above and type name below)
(Good Funds).
f.
Other.
Attorney(s) for
.
9.
FINANCING CONDITIONS AND OBLIGATIONS TO ACQUIRE PROPERTY ONE.
a.
Loan Application. If Second Party is to obtain a new loan as set fort in §
8b or if an existing loan is not to be released at Closing, Second Party, if required by such lender, shall
Office and P.O. Address
make a verifiable application by Loan Application Deadline (§ 2c). Second Party shall cooperate
with First Party and lender to obtain loan approval, diligently and timely pursue same in good faith,
execute all documents and furnish all information and documents required by lender, and, subject to §
8 timely pay the costs of obtaining such loan or lender consent. Second Party agrees to satisfy the
Telephone No.:
reasonable requirements of lender, and shall not withdraw the loan or assumption application, nor
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 6 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..... ... .
intentionally . cause .any change in circumstances that would prejudice lender’s approval of the loan
:
Index No.
application or funding of the loan. Second Party may obtain different financing provided First Party
incurs no additional delay, cost or expense, and provided Second Party is approved for such substitute
loan.
:
Calendar No.
b.
Loan Commitment. If Second Party is to obtain a new loan as specified in § 8b,
this contract is conditional upon Second Party obtaining a written loan commitment. This condition
:
JUDICIAL
Plaintiff(s)
shall be deemed waived unless First Party receives from Second Party, no later than LoanSUBPOENA
Commitment Deadline (§ 2c), written notice of Second Party’s inability to obtain such loan
-against:
commitment. If Second Party so notifies First Party, this contract shall terminate. IF FIRST PARTY
DOES NOT RECEIVE WRITTEN NOTICE TO TERMINATE AND SECOND PARTY DOES
:
NOT CLOSE, SECOND PARTY SHALL BE IN DEFAULT.
c.
Credit Information. If Second Party is to execute a promissory note in favor of
:
First Party or if an existing loan is not to be released at Closing, this contract is conditional upon First
Party's approval of Second Party's financial ability and creditworthiness, which approval shall be at
Defendant(s)
:
First Party's sole .and.absolute . . . . . . . . . In. such.case:. (1) .Second . . . . .shall .supply to First Party by
. . . . . . . . . . . . . . . . discretion. . . . . . . . . . . . . . . Party . . .
Second Party's Credit Information Deadline (§ 2c), at Second Party's expense, information and
documents concerning Second Party's financial, employment and credit condition; (2) Second Party
consents that First Party may verify Second Party's financial ability and creditworthiness (including
obtaining a current credit report); (3) any such information and documents received by First Party shall
THE PEOPLE OF THE STATE OF NEW YORK
be held by First Party in confidence, and not released to others except to protect First Party's interest in
this transaction; (4) if First Party does not provide written notice of First Party's disapproval to Second
Party TO Disapproval of Second Party's Credit Deadline (§ 2c), then First Party waives this
by
condition. If First Party does provide written notice of disapproval to Second Party on or before said
date, this contract shall terminate.
d.
Existing Loan Review. If an existing loan is not to be released at Closing, First
Party GREETINGS:
shall provide copies of the loan documents (including note, deed of trust, and any modifications)
to Second Party by Existing Loan Documents Deadline (§ 2c). This contract is conditional upon
Second Party's review and approval of the provisions of such loan documents. If written notice of
WE COMMAND signed by all business is excuses being First Party by the
objection to such loan documents, YOU, that Second Party,and not received bylaid aside, you and each of you attend before
,
the Honorable Loan Documents Deadline (§ 2c), Second Party accepts the terms and
at the
Court
Objection to Existing
located at
County of
conditions of the documents. If the lender's approval of a transfer of the Property is required, this
contract room
obtaining
in is conditional uponon the Party day of such approval without change in the terms thesuch noon, and at any recessed
, Second
, 20
, at
o'clock in of
loan, except as set forth into testify lender's approval is not a witnessby Approval ofon the Transfer
or adjourned date, § 8c. If and give evidence as obtained in this action Loan part of the
Deadline (§ 2c), this contract shall terminate on such date. If First Party is to be released from liability
under such existing loan and Second Party does not obtain such compliance as set forth in
§ 8c, this contract may be terminated at First Party's option.
10.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
APPRAISAL PROVISIONS FOR PROPERTY ONE.
thea.
party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
Appraisal Condition. This subsection a.
Shall
Shall Not apply.
result of your failure to comply. option and election to terminate this contract if Property
Second Party shall have the sole
One’s Value as set forth in § 3i exceeds the Property's valuation determined by an appraiser engaged
by
. The contract shall
Witness, Honorable terminate by Second Party giving First Party written notice of Justices of the
, one of the
termination and either a copy of such appraisal or written notice from lender that confirms the
Court in
County,
day of
, 20
Property's valuation is less than the Value as set forth in § 3i, received on or before Appraisal
Deadline (§ 2c). If First Party does not receive such written notice of termination on or before
Appraisal Deadline (§ 2c), Second Party waives any right to terminate under this subsection.
b.
Cost of Appraisal. Cost of any appraisal to be obtained aftermust sign abovethis type name below)
the date of and
(Attorney
contract shall be timely paid by
First Party
Second Party.
11. FINANCIAL OBLIGATIONS TO ACQUIRE PROPERTY TWO.
The parties agree that First Party shall fulfill the following to acquire Property Two:
Attorney(s) for
a.
Equity Difference and Terms.
The Equity Difference shall be payable in
U. S. Dollars by First Party as follows:
Item No.
1
2
3
4
Reference
§7
§6
§ 11b
§ 11c
Item
Amount
Equity Difference
Earnest Money
New Loan
Existing Loan Balance
$
Amount
Office and P.O. Address
Telephone No.:
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 7 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. .
5 . . . . . . .§ 11d .
Owner or Private Financing
:
6
§ 11e
Cash at Closing
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
Index No.
7
8
$
Calendar No.
§ 11f
Other
TOTAL
$
:
b.
New Loan.
:
JUDICIAL SUBPOENA
Plaintiff(s)
(1)
New First Loan. First Party shall obtain a new loan as set forth in this section.
(1st,
This loan will be secured by a
-against- 2nd, etc.) deed of trust.
:
The total loan amount, not in excess of $
, shall be amortized over a period of
Years
Months, payable at approximately $
per
including
principal and interest not to exceed
% per annum, plus, if required by :First Party 's lender, a deposit
of the estimated annual real estate taxes and property insurance premium. If the loan is an
of
adjustable interest rate or graduated payment loan, the payments and interest :rate initially shall not exceed
the figures set forth above.
Defendant(s)
Loan discount points, if any, shall be paid to lender at Closing and shall not exceed
% of the
:
......... ............ ...... ..... ..... ...
.. ..
total loan amount. . Notwithstanding .the loan's.interest .rate, the. first . . . .loan. discount points shall be paid by
, and the balance, if any, shall be paid by
.
First Party shall timely pay First Party 's loan costs and a loan origination fee not to exceed
% of the loan amount.
THE PEOPLE OF THE STATE OF NEW YORK a new loan set forth in this section as follows:
(2)
New Second Loan. First Party shall obtain
This loan will be secured by a
(2nd, etc.) deed of trust.
, shall be amortized over a
The
TO total loan amount, not in excess of $
period of
years at approximately $
per
including principal and interest not to
exceed
% per annum. If the loan is an adjustable interest rate or graduated payment loan, the
payments and interest rate initially shall not exceed the figures set forth above.
Loan discount points, if any, shall be paid to lender at Closing and shall not exceed
% of the
GREETINGS:
total loan amount. Notwithstanding the loan's interest rate, the first
loan discount points shall be paid by
, and the balance, if any, shall be paid by
.
First Party shall timely pay First Party's all business and excuses beingfee not to exceed and each of you attend before
WE COMMAND YOU, that loan costs and a loan origination laid aside, you
% of the loan amount.
,
the Honorable
at the
Court
c.
Existing Loan. First Party agrees to:
Assume and Pay
Take Subject To an
located at
County of
existing loan in this approximate amount, presently payable at $
per
in room
, on the at day of
, 20
, at
o'clock in the
noon, and at any recessed
including: principal, interest presently
% per annum, and also including escrow for the
or adjourned date, to testify and give evidence as a witness in this action on the part of the
following as indicated:
Real Estate Taxes,
Property Insurance Premium, and
(Escrow).
First Party agrees to pay a loan transfer fee not to exceed $
. At the time of
Closing, the new interest rate shall not exceed
% per annum and the new payment shall not exceed
Your failure to complyinterest, plus Escrow if any. If the actualcontempt balance of thewill make you liable to
principal and with this subpoena is punishable as a principal of court and
$
existing loan at on whose less than the subpoenaLoan Balance,for a maximum penalty of $50 and all damages sustained as a
the party Closing is behalf this Existing was issued which causes the amount of cash required
from First Partyyour failure to comply. by more than $
, then
First
result of at Closing to be increased
Party May Terminate this contract effective upon receipt by Second Party of First Party's written notice of
termination or
.
, one of the Justices
Second Witness, Honorable Shall Not be released from liability on said loan. If applicable, of the
Party
Shall
compliance with the requirements for release from liability shall , be evidenced by delivery at Closing of
Court in
County,
day of
20
appropriate letter of commitment from lender. Cost payable for release of liability shall be paid by
in an amount not to exceed $
.
d.
Owner or Private Financing. First Party agrees to execute a promissory note payable to:
(Attorney must
, as
Joint Tenants sign above and type name below)
Tenants in
Common
Other
, on the note form
as indicated:
(UCCC - No Default Rate) NTD 82-5-04
(Default Rate) NTD 81-5-04
Attorney(s) etc.) deed of trust
Other
secured by a _____ (lst, 2nd,for
encumbering the Property, using the form as indicated:
Strict Due-On-Sale (TD 72-5-04)
Creditworthy
(TD 73-5-04)
Assumable - Not Due On Sale (TD 74-5-04)
Other
.
The promissory note shall be amortized on the basis of
Years
Months, payable at
$
per
including principal and interest at the rate of
% per annum.
Payments shall commence
and shall be due on the
day Office and P.O. Address
of each succeeding
. If not sooner paid, the balance of principal and accrued interest shall be due and payable
after Closing. Payments
Shall
Shall Not be increased by
of estimated annual real estate taxes, and
Shall
Shall Not be increased by
Telephone the following terms:
of estimated annual property insurance premium. The loan shall also contain No.:
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 8 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... .
(1) if any payment is .not received within
calendar days after its due date, a late charge of
:
% of such payment shall be due, (2) interest on lender disbursements underIndex No. trust shall
the deed of
be ____% per annum, (3) default interest rate shall be
without a penalty except
% per annum, (4) First Party may prepay
:
Calendar No.
, and (5) First Party
Shall
Shall Not execute and deliver, at Closing, a Security
:
JUDICIAL SUBPOENA
Plaintiff(s)
Agreement and UCC-1 Financing Statement granting the holder of the promissory note a
(1st, 2nd,
etc.) lien on the personal property included in this sale.
-against:
First Party
Shall
Shall Not provide a mortgagee’s title insurance policy, at First Party’s
expense.
:
e.
Cash At Closing. All amounts paid by First Party at closing including Cash at Closing,
plus First Party's closing costs, shall be in funds which comply with all applicable Colorado laws, which
:
include cash, electronic transfer funds, certified check, savings and loan teller's check and cashier's check
(Good Funds).
Defendant(s)
f.
Other.
:
......................................................
.
12.
FINANCING CONDITIONS AND OBLIGATIONS TO ACQUIRE PROPERTY TWO.
THE PEOPLE OF THE STATE OF NEW YORK
a.
Loan Application. If First Party is to obtain a new loan as set forth in § 11b, or if
an existing loan is not to be released at Closing, First Party, if required by such lender, shall make a
TO
verifiable application by Loan Application Deadline (§ 4c). First Party shall cooperate with Second
Party and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all
documents and furnish all information and documents required by lender, and, subject to § 11, timely
pay the costs of obtaining such loan or lender consent. First Party agrees to satisfy the reasonable
GREETINGS:
requirements of lender, and shall not withdraw the loan or assumption application, nor intentionally
cause any change in circumstances that would prejudice lender’s approval of the loan application or
funding of the loan. COMMAND YOU, thatdifferent financingexcuses being laidParty incurs and each of you attend before
WE First Party may obtain all business and provided Second aside, you no
additionalHonorable or expense, and provided First Party is approved for such substitute loan.
,
the delay, cost
at the
Court
b. of Loan Commitment. If First Party is to obtain a new loan as specified in § 11b, this
located at
County
contract is conditional upon First Party obtaining a written loan commitment. This condition shall be
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
deemed waived unless Second Party receives from First Party, no later than Loan Commitment
or adjourned date, to testify and give evidence as a witness loan commitment. theFirst Party
in this action on If part of the
Deadline (§ 4c), written notice of First Party’s inability to obtain such
so notifies Second Party, this contract shall terminate. IF SECOND PARTY DOES NOT
RECEIVE WRITTEN NOTICE TO TERMINATE AND FIRST PARTY DOES NOT CLOSE,
FIRST PARTY SHALL BE IN DEFAULT.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
c.
Credit Information. If First Party is to execute a promissory note in favor of
the party on an existing loanthisnot to be releasedissued for a this contract penalty of $50 and all damages sustained as a
Second Party or if whose behalf is subpoena was at Closing, maximum is conditional upon
result of your failure to Party's financial ability and creditworthiness, which approval shall be
Second Party's approval of Firstcomply.
at Second Party's sole and absolute discretion. In such case: (1) First Party shall supply to Second
Party by First Party's Credit Information Deadline (§ 4c), at First Party's expense, information and Justices of the
Witness, Honorable
, one of the
documents concerning First Party's financial, employment and credit condition; (2) First Party
Court Second Party may verify First Party's financial ability and creditworthiness (including
County,
day of
, 20
consents thatin
obtaining a current credit report); (3) any such information and documents received by Second Party
shall be held by Second Party in confidence, and not released to others except to protect Second
Party's interest in this transaction; (4) if Second Party does not provide written notice of Second Party's
(Attorney must sign above and type name below)
disapproval to First Party by Disapproval of First Party's Credit Deadline (§ 4c), then Second Party
waives this condition. If Second Party does provide written notice of disapproval to First Party on or
before said date, this contract shall terminate.
d.
Existing Loan Review. If an existing loan is not to be released at Closing, Second
Attorney(s) for
Party shall provide copies of the loan documents (including note, deed of trust, and any modifications)
to First Party by Existing Loan Documents Deadline (§ 4c). This contract is conditional upon First
Party's review and approval of the provisions of such loan documents. If written notice of objection to
such loan documents, signed by First Party, is not received by Second Party by the Objection to
Existing Loan Documents Deadline (§ 4c), First Party accepts the terms andand P.O. Address
Office conditions of the
documents. If the lender's approval of a transfer of the Property is required, this contract is conditional
upon First Party obtaining such approval without change in the terms of such loan, except as set forth
in § 11c. If lender's approval is not obtained by Approval of Loan Transfer Deadline (§ 4c), this
contract shall terminate on such date. If Second Party is to be released Telephone No.:
from liability under such
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 9 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..... .. ..
existing loan.and. First Party does not obtain such compliance as set forth in § 11c, this contract may be
:
Index No.
terminated at Second Party's option.
13.
:
APPRAISAL PROVISIONS FOR PROPERTY TWO.
Calendar No.
a.
Appraisal Condition. This subsection a.
Shall
Shall Not apply.
First Party shall have the sole option and election to terminate this contract if Property Two's Value
:
JUDICIAL SUBPOENA
Plaintiff(s)
as set forth in § 5i exceeds the Property's valuation determined by an appraiser engaged by
.
The contract shall terminate by First-againstParty giving Second Party written notice of termination and either a copy
:
of such appraisal or written notice from lender which confirms the Property's valuation is less than the Value
as set forth in § 5i, received on or before the Appraisal Deadline (§ 4c). If Second Party does not receive
such written notice of termination on or before the Appraisal Deadline (§ 4c),: First Party waives any right to
terminate under this subsection.
:
b.
Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall
be timely paid by
First Party
Second Party.
14.
Defendant(s)
:
. . .EVIDENCE .OF .TITLE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... .. .....
a.
Evidence of Title. On or before the respective Title Deadline (§ 2c, § 4c), each
Transferor agrees, at such party's expense, to cause to be furnished to Transferee, a current
commitment for owner's title insurance policy in an amount equal to the Value set forth in § 3i or § 5i
THE PEOPLE this box STATE OF An YORK
for such property or ifOF THE is checked, NEW Abstract of title certified to a current date. Such
Title Commitment shall set forth all matters of record necessary to permit a determination whether title
is merchantable or satisfactory to Transferee. At Transferor’s expense, Transferor shall cause the title
TO
insurance policy to be issued and delivered to Transferee as soon as practicable at or after Closing. If
a title insurance commitment is furnished, it
Shall
Shall Not commit to delete or insure over the
standard exceptions which relate to:
(1)
parties in possession,
GREETINGS:
(2)
unrecorded easements,
(3)
survey matters,
WE COMMAND YOU,mechanic's liens, and excuses being laid aside, you and each of you attend before
(4)
any unrecorded that all business
(5)
gap period (effective date of commitment to date deed is Court
recorded), and
,
the Honorable
at the
(6)
unpaid taxes, assessments and unredeemed tax sales prior to the year of
located at
County of
Closing.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
Any additional premium expense to obtain this additional coverage shall be paid by
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Transferee
Transferor.
b.
Copies of Exceptions. On or before Title Deadline (§ 2c, § 4c), each Transferor, at each
Transferor's expense, shall furnish to each Transferee and
, (1) a copy of any plats, declarations, covenants, conditions and restrictions burdening the
Your failure to comply with this subpoena is punishable as a contempt of court
Property, and (2) if a title insurance commitment is required to be furnished, and if this box is checked and will make you liable to
the of any Other Documents (or, if illegible, summaries of a maximum penalty of $50 and all damages sustained as a
Copiesparty on whose behalf this subpoena was issued forsuch documents) listed in the schedule of
exceptions (Exceptions). Even if the box is not checked, each Transferor shall have the obligation to furnish
result of your failure to comply.
these documents pursuant to this subsection if requested by Transferee any time on or before Document
Request Deadline (§ 2c, § 4c). This requirement shall pertain only to documents as shown of record in the
Witness, Honorable
, one of copies or
offices of the clerk and recorder. The abstract or title insurance commitment, together with any the Justices of the
Court in
County,
day of
, 20
summaries of such documents furnished pursuant to this section, constitute the title documents (Title
Documents).
c.
Survey. On or before Survey Deadline (§ 2c, § 4c) Transferor Transferee
shall cause Transferee and the issuer of the Title Commitment or the provider of the opinion of title if
(Attorney must sign above and
an abstract, to receive a current Improvement Survey Plat Improvement Location Certificate type name below)
(the description checked is known as Survey). An amount not to
exceed $
for Survey shall be paid by
Tranferor
Transferee. If the cost
exceeds this amount, Transferee shall pay the excess on or before Closing unless Transferee delivers
Attorney(s) for
to Transferor before Survey is ordered, Transferee's written notice allowing the exception for survey
matters.
d.
Common Interest Community Governing Documents.
(1)
Not Applicable. This subsection d. shall not apply.
(2)
Conditional on Review by Transferee. Transferor shall cause to be
Office and 4c) Address
furnished to Transferee, at Transferor's expense, on or before Title Deadline (§ 2c, §P.O. a current
copy of the owners’ association declarations, bylaws, rules and regulations, party wall agreements,
minutes of most recent annual owners’ meeting and minutes of any directors' meetings during the 6
month period immediately preceding the Title Deadline, if any (herein collectively "Governing
Telephone No.:
Documents"), most recent financial documents consisting of (a) annual balance sheet, (b) annual
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 10 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .. .. ..
income. .and. . expenditures statement, and (c) annual budget (herein collectively "Financial
Index No.
Documents"), if any. Written notice of any unsatisfactory provision in any of :these documents signed
by Transferee, or on behalf of Transferee, and given to Transferor on or before Governing
:
Documents Objection Deadline (§ 2c, § 4c), (which is the same as Title Objection Deadline [§ 2c, §
Calendar No.
4c]), shall terminate this contract. If Transferor does not receive written notice from Transferee within
such time, Transferee accepts the terms of said documents, and Transferee's: right to terminate this
JUDICIAL SUBPOENA
Plaintiff(s)
contract pursuant to this subsection is waived, notwithstanding the provisions of § 15e.
(3)
Not Conditional on Review. Transferee acknowledges that Transferor has
-against:
delivered a copy of the Governing Documents and Financial Documents. Transferee has reviewed
them, agrees to accept the benefits, obligations and restrictions that they impose upon the respective
:
Property and its owners and waives any right to terminate this contract due to such documents,
notwithstanding the provisions of § 15e.
:
15.
TITLE AND SURVEY REVIEW.
Defendant(s)
a.
Title Review. Transferee shall have the right to inspect: the Title Documents.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . form or content . . .
Written. notice. by .Transferee .of .unmerchantability .of .title, . . . . . . . . . . . . of Title Commitment or of
any other unsatisfactory title condition shown by the Title Documents, notwithstanding § 19, shall be
signed by or on behalf of Transferee and given to Transferor on or before Title Objection Deadline
(§ 2c, § 4c), or within five (5) calendar days after receipt by Transferee of any change to the Title
Documents PEOPLE OF THE STATE OF NEW YORK with a copy of the document adding any
THE or endorsement to the Title Commitment together
new Exception to title. If Transferor does not receive Transferee's notice by the date specified above,
Transferee accepts the condition of title as disclosed by the Title Documents as satisfactory.
TO
b.
Matters not Shown by the Public Records. Transferor shall deliver to Transferee,
on or before Off-Record Matters Deadline (§ 2c, § 4c) true copies of all leases and surveys in
Transferor's possession pertaining to the respective Property to be transferred to Transferee and shall
disclose to Transferee all easements, liens (including, without limitation, governmental improvements
GREETINGS:
approved, but not yet installed) or other title matters (including, without limitation, rights of first
refusal, and options) not shown by the public records of which Transferor has actual knowledge.
Transferee shall WE COMMAND YOU, that all business and excusesthird party has any you and each of you attend before
have the right to inspect the Property to determine if any being laid aside, right in
the subject Property not shown by the public records (such as the unrecorded easement, unrecorded
,
the Honorable
at an
Court
lease, County of line discrepancy). Written notice of any unsatisfactory condition disclosed by
or boundary
located at
Transferor or revealed by such inspection, notwithstanding § 19, shall be signed by or on behalf of
in room given to Transferor on orday of Off-Record, Matters at
, on the
20
, Objection o'clock in (§ 2c, § noon, and at any recessed
Transferee and
before
Deadline the
orTransferor does not receive Transferee's notice by said date, Transferee accepts title subject to
adjourned date, to testify and give evidence as a witness in this action on the part of the
4c). If
such rights, if any, of third parties of which Transferee has actual knowledge.
c.
Survey Review. Transferee shall have the right to inspect Survey. If written notice
by or on behalf of Transferee of any unsatisfactory condition shown by Survey, notwithstanding § 15b
Your failure to comply before Survey Objection Deadline (§ contempt of such
or § 19, is received by Transferor on or with this subpoena is punishable as a2c, § 4c) then court and will make you liable to
objection shall be deemed an unsatisfactory title condition. If Transferor does not penalty Transferee's all damages sustained as a
the party on whose behalf this subpoena was issued for a maximum receive of $50 and
noticeresult of your failure Deadline (§ 2c, § 4c), Transferee accepts Survey as satisfactory.
by Survey Objection to comply.
d.
Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO
GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM
Witness, Honorable
ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. , one of the Justices of the
PROPERTY
OWNERS INin
Court SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND
County,
day of
, 20
EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO
DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER
(Attorney must sign above and
(TRANSFEREE) SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE type name below)
AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL
LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN
INCREASE IN SUCH MILL LEVIES.
In the event the Property is located within a special taxing districtAttorney(s) for desires to
and Transferee
terminate this contract as a result, if written notice is received by Transferor on or before Off-Record
Matters Objection Deadline (§ 2c, § 4c), this contract shall then terminate. If Transferor does not
receive Transferee’s notice by such date, Transferee accepts the effect of the respective Property's
inclusion in such special taxing district and waives the right to terminate.
e.
Right to Object, Cure. Transferee’s right to object shall Office and P.O. Address
include, but not be limited
to those matters listed in § 19. If Transferor receives notice of unmerchantability of title or any other
unsatisfactory title condition or commitment terms as provided in subsections 15 a, b, c and d above,
Transferor shall use reasonable efforts to correct said items and bear any nominal expense to correct
the same prior to Closing. If such unsatisfactory title condition is not Telephoneto Transferee’s
corrected No.:
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 11 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.... .. . ..
satisfaction. on .or before Closing, this contract shall then terminate; provided, however, Transferee
:
Index No.
may, by written notice received by Transferor on or before Closing, waive objection to such items.
f.
Right of First Refusal or Approval. If there is a right of first refusal on the subject
Property, or a right to approve this contract, Transferor shall promptly submit: this contract according
Calendar No.
to the terms and conditions of such right. If the holder of the right of first refusal exercises such right
or the holder of a right to approve disapproves this contract, this contract shall :
terminate. If the right of
JUDICIAL
Plaintiff(s)
first refusal is waived explicitly or expires, or the contract is approved, this contract shall remain inSUBPOENA
full force and effect. Transferor shall promptly notify Transferee of the foregoing. If expiration or
-against:
waiver of the right of first refusal or contract approval has not occurred on or before the Right of First
Refusal Deadline (§ 2c, § 4c), this contract shall terminate.
:
g.
Title Advisory. The Title Documents affect the title, ownership and use of the
Property and should be reviewed carefully. Additionally, other matters not reflected in the Title
:
Documents may affect the title, ownership and use of the Property, including without limitation
boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements,
Defendant(s)
leases and other unrecorded agreements, and various laws and governmental: regulations concerning
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . estate . . .
land use, .development .and . environmental. matters. . The. surface. . . . . . .may be owned separately
from the underlying mineral estate, and transfer of the surface estate does not necessarily
include transfer of the mineral rights. Third parties may hold interests in oil, gas, other
minerals, geothermal energy or water on or under the Property, which interests may give them
rightsTHE PEOPLE OF THE STATE OF mattersYORK excluded from the title insurance policy.
to enter and use the Property. Such NEW may be
Transferee is advised to timely consult legal counsel with respect to all such matters as there are strict
time limits provided in this contract (e.g., Title Objection Deadline [§ 2c, § 4c] and Off-Record
TO
Matters Objection Deadline [§ 2c, § 4c]).
16.
LEAD-BASED PAINT. Unless exempt, if the improvements on the respective Property
include one or more residential dwellings for which a building permit was issued prior to January 1,
1978, GREETINGS:
this contract shall be void unless a completed Lead-Based Paint Disclosure (Sales) form is
signed by Transferor and the required real estate licensees, which must occur prior to the parties
signing this contract. COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
WE
the Honorable
at the
Court
17. County of
PROPERTY DISCLOSURE, located at
INSPECTION AND INSURABILITY; TRANSFEREE
DISCLOSURE. On or before the respective Property Disclosure Deadline (§ 2c, § 4c), each party agrees to
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
provide the other party with a written disclosure of adverse matters regarding the respective property
or adjourned date, to testifyof that party’s currentas a witness in this action on the part of the
and give evidence actual knowledge.
completed by such party to the best
a.
Inspection Objection Deadline. Each party shall have the right to have inspections of the
physical condition of the Property and Inclusions such party is acquiring, at that party’s own expense. If the
physical condition of the Property or Inclusions is unsatisfactory in Transferee’s subjective discretion,
Transferee shall,Your failure the comply with this subpoena is punishable as a contempt of court and will make you liable to
on or before to respective Inspection Objection Deadline (§ 2c, § 4c):
the party on whosenotify Transferor in writing that this contract is terminated, or of $50 and all damages sustained as a
behalf this subpoena was issued for a maximum penalty
(1)
(2) failure to comply.
provide Transferor with a written description of any unsatisfactory physical
result of your
condition which Transferee requires Transferor to correct (Notice to Correct).
If written notice is not received by Transferor on or before the respective Inspection Objection
, one be satisfactory
Deadline (§ 2c, Witness, Honorable
§ 4c), the physical condition of the Property and Inclusions shall be deemed to of the Justices of the
Court in
County,
day of
, 20
to Transferee.
b.
Resolution Deadline. If a Notice to Correct is received by the Transferor and if both parties
have not agreed in writing to a settlement thereof on or before the respective Resolution Deadline (§ 2c, § 4c),
this contract shall terminate one calendar day following the respective Resolution Deadline (§ 2c, § 4c),
(Attorney must Notice to and type
unless before such termination Transferor receives Transferee’s written withdrawal of the sign above Correct. name below)
c.
Insurability. This contract is conditioned upon Transferee's satisfaction, in Transferee's
subjective discretion, with the availability, terms, conditions and premium for property insurance. This
contract shall terminate upon Transferor's receipt, on or before Property Insurance Objection Deadline
Attorney(s) for
(§ 2c, § 4c) of Transferee's written notice that such insurance was not satisfactory to Transferee. If said notice
is not timely received, Transferee shall have waived any right to terminate under this provision.
d.
Damage; Liens; Indemnity. Transferee is responsible for payment for all inspections,
surveys, engineering reports or for any other work performed at Transferee’s request and shall pay for any
damage which occurs to the Property and Inclusions as a result of such activities. Transferee shall not permit
Office and P.O. Address
claims or liens of any kind against the Property for inspections, surveys, engineering reports and for any other
work performed on the Property at Transferee’s request. Transferee agrees to indemnify, protect and hold
Transferor harmless from and against any liability, damage, cost or expense incurred by Transferor in
connection with any such inspection, claim, or lien. This indemnity includes Transferor's right to recover all
Telephone No.:
Facsimile No.:
EX30-5-04
CONTRACT TO EXCHANGE REAL ESTATE (For all Types of Properties) (Simultaneous Exchange)
E-Mail Address:
Page 12 of 17
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
,
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. ..... .
costs .and. expenses .incurred by Transferor to enforce this subsection, including Transferor's reasonable
:
Index No.
attorney and legal fees. The provisions of this subsection shall survive the termination of this contract.
e.
Transferee Disclosure. Each party represents that such party
Does
Does Not
:
need to sell or transfer and close a property to complete this transaction.
Calendar No.
Note: Any property sale or transfer contingency should appear in Additional Provisions (§ 30).
18.
CLOSING. Delivery of deeds from both Transferors to both Transferees shall be at Closing
:
JUDICIAL
Plaintiff(s)
(Closing). Closing shall be on the date specified as the Closing Date (§ 2c) or by mutual agreement atSUBPOENA
an earlier date. The hour and place of Closing shall be as designated by
.
-against-
:
19.
TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and
:
compliance by the acquiring party with the other terms and provisions hereof, First Party shall execute and
deliver a good and sufficient
deed to Second Party and Second Party shall execute
deed to First Party, : at Closing, conveying the
and deliver a good and sufficient
respective property free and clear of all taxes except the general taxes for the year of Closing. Except as
Defendant(s)
provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for
:
. . . . . . . . . . . installed . . . . . . . . . . . . . .
