When recorded
return to:
REAL
ESTATE CONTRACT
(RESIDENTIAL SHORT FORM)
ANY OPTIONAL PROVISION
NOT INITIALED BY ALL PERSONS SIGNING THIS CONTRACT--
WHETHER INDIVIDUALLY OR AS AN OFFICER OR AGENT -- IS NOT A PART OF THIS
CONTRACT.
1. PARTIES AND DATE. This Contract is entered into on ,
between
__________________________________________________________________________as
"Seller" and
____________________________________________________________________________
as "Buyer."
2. SALE AND LEGAL
DESCRIPTION. Seller agrees to sell to Buyer and Buyer agrees to purchase
from Seller the following described real estate in __________________________
County, State of Washington:
Abbreviated Legal: (Required if full legal not inserted above.)
Tax Parcel Number(s):
3. PERSONAL PROPERTY. Personal property, if any, included in the sale
is as follows:
No part of the purchase price is attributed to personal property.
4. (a) PRICE. Buyer agrees to pay: $ _________________________ Total
Price
Less $_________________________________________ Down Payment
Less $ ________________________________________ Assumed Obligation(s)
Results in $ ____________________________________ Amount Financed by
Seller.
(b) ASSUMED OBLIGATIONS.
Buyer agrees to pay the above assumed obligation(s) by assuming and
agreeing to pay that certain ___________________________________ dated
___________________
(Mortgage/Deed of Trust/Contract) recorded as Auditor’s File No.
___________________________________.
Seller warrants the unpaid balance of said obligation is $ _____________________________
which is
payable $_________________________ on or before the ________ day of_________________________
( ) including ( ) plus interest at the rate of ___________ % per annum
on the declining balance
thereof; and a like amount on or before the _____________ day of each
and every
_____________________ thereafter until paid in full. (month/year)
NOTE: Fill in the date in the following two lines only if there is an
early cash out date on the assumed
obligation.
NOTWITHSTANDING
THE ABOVE, THE ENTIRE BALANCE OF PRINCIPAL AND INTEREST IS
DUE IN FULL NOT LATER THAN _________________________________, __________.
ANY ADDITIONAL ASSUMED OBLIGATIONS ARE INCLUDED IN ADDENDUM
(c) PAYMENT OF AMOUNT FINANCED BY SELLER.
Buyer agrees to pay the sum of $__________________________ as follows:
$ _____________________ or more at buyer's option on or before the ______________
day of
_______________________________ ( ) including ( ) plus interest from
_________________________ at the rate of ____________% per annum on
the declining balance
thereof; and a like amount or more on or before the _________________
day of each and every
_______________________ thereafter until paid in full. (month/year)
NOTE: Fill in the
date in the following two lines only if there is an early cash out date
on the amount
financed bu seller.
NOTWITHSTANDING THE ABOVE, THE ENTIRE BALANCE OF PRINCIPAL AND INTEREST
IS
DUE IN FULL NOT LATER THAN ____________________________________________________.
Payments are applied first to interest and then to principal. Payments
shall be made at
_________________________ _________________________________________
or such other place as
the Seller may hereafter indicate in writing.
5. FAILURE TO MAKE PAYMENTS ON ASSUMED OBLIGATIONS. If Buyer fails to
make any payments on assumed obligation(s), Seller may give written
notice to Buyer that unless Buyer makes the delinquent payment(s) within
15 days, Seller will make the payment(s), together with any late charge,
additional interest, penalties, and costs assessed by the Holder of
the assumed obligation(s). The 15-day period may be shortened to avoid
the exercise of any remedy by the Holder of the assumed obligation(s).
Buyer shall immediately after such payment by Seller reimburse Seller
for the amount of such payment plus a late charge equal to five percent
(5%) of the amount so paid plus all costs and attorney fees incurred
by Seller in connection with making such payment.
6. (a) OBLIGATIONS TO BE PAID BY SELLER. The Seller agrees to continue
to pay from payments
received hereunder the following obligation, which obligation must be
paid in full when Buyer pays the
purchase price in full: That certain _____________________________________
dated (Mortgage/Deed of Trust/Contract) ______________________________,
recorded as Auditor’s File No. _________________.
ANY ADDITIONAL OBLIGATION TO BE PAID BY SELLER ARE INCLUDED IN ADDENDUM
(b) EQUITY OF SELLER PAID IN FULL. If the balance owed the Seller on
the purchase price herein
becomes equal to the balance owed on prior encumbrances being paid by
Seller, Buyer will be deemed to
have assumed said encumbrances as of that date. Buyer shall thereafter
make payments directly to the
holders of said encumbrances and make no further payments to Seller.
Seller shall at that time deliver to
Buyer a fulfillment deed in accordance with the provisions of paragraph
8.
(c) FAILURE OF SELLER TO MAKE PAYMENTS ON PRIOR ENCUMBRANCES. If Seller
fails to make
any payments on any prior encumbrance, Buyer may give written notice
to Seller that unless Seller makes
the delinquent payments within 15 days, Buyer will make the payments
together with any late charge,
additional interest, penalties, and costs assessed by the holder of
the prior encumbrance. The 15-day period
may be shortened to avoid the exercise of any remedy by the holder of
the prior encumbrance. Buyer may
deduct the amounts so paid plus a late charge of 5% of the amount so
paid and any attorneys' fees and costs
incurred by Buyer in connection with the delinquency from payments next
becoming due Seller on the
purchase price. In the event Buyer makes such delinquent payments on
three occasions, Buyer shall have
the right to make all payments due thereafter directly to the holder
of such prior encumbrance and deduct
the then balance owing on such prior encumbrance from the then balance
owing on the purchase price and
reduce periodic payments on the balance due Seller by the payments called
for in such prior encumbrance
as such payments become due.
7. OTHER ENCUMBRANCES AGAINST THE PROPERTY. The property is subject
to encumbrances
including the following listed tenancies, easements, restrictions, and
reservations in addition to the obligations assumed by Buyer and the
obligations being paid by Seller:
ANY ADDITIONAL NON-MONETARY ENCUMBRANCES ARE INCLUDED IN ADDENDUM
8. FULFILLMENT DEED. Upon payment of all amounts due Seller, Seller
agrees to deliver to Buyer a
Statutory Warranty Deed in fulfillment of this Contract. The covenants
of warranty in said deed shall not
apply to any encumbrances assumed by Buyer or to defects in title arising
subsequent to the date of this
Contract by, through, or under persons other than the Seller herein.
Any personal property included in the sale shall be included in the
fulfillment deed.
9. LATE CHARGES. If any payment on the purchase price is not made within
ten (10) days after the date it is due, Buyer agrees to pay a late charge
equal to 5% of the amount of such payment. Such late payment charge
shall be in addition to all other remedies available to Seller and the
first amounts received from Buyer after such late charges are due shall
be applied to the late charges.
10. NO ADVERSE EFFECT ON PRIOR ENCUMBRANCES. Seller warrants that entry
into this Contract will not cause in any prior encumbrance (a) a breach,
(b) accelerated payments, or (c) an increased interest rate; unless
(a), (b), or (c) has been consented to by Buyer in writing.
11. POSSESSION. Buyer is entitled to possession of the property from
and after the date of this Contract or
_________________________________________, whichever is later, subject
to any tenancies described in paragraph 7.
12. TAXES, ASSESSMENTS, AND UTILITY LIENS. Buyer agrees to pay by the
date due all taxes and
assessments becoming a lien against the property after the date of this
Contract. Buyer may in good faith
contest any such taxes or assessments so long as no forfeiture or sale
of the property is threatened as the result of such contest. Buyer agrees
to pay when due any utility charges which may become liens superior
to Seller's interest under this Contract. If real estate taxes and penalties
are assessed against the property subsequent to date of this Contract
because of a change in use prior to the date of this Contract for Open
Space, Farm, Agricultural, or Timber classifications approved by the
County or because of a Senior Citizen's Declaration to Defer Property
Taxes filed prior to the date of this Contract, Buyer may demand in
writing payment of such taxes and penalties within 30 days. If payment
is not made, Buyer may pay and deduct the amount thereof plus 5% penalty
from the payments next becoming due Seller under the Contract.
13. INSURANCE. Buyer agrees to keep all buildings now or hereafter erected
on the property described herein continuously insured under fire and
extended coverage policies in an amount not less than the balances owed
on obligations assumed by Buyer plus the balance due Seller, or full
insurable value, whichever is lower. All policies shall be held by the
Seller and be in such companies as the Seller may approve and have loss
payable first to any holders of underlying encumbrances, then to Seller
as their interests may appear and then to Buyer. Buyer may within 30
days after loss negotiate a contract to substantially restore the premises
to their condition before the loss. If insurance proceeds are sufficient
to pay the contract price for restoration or if the Buyer deposits in
escrow any deficiency with instructions to apply the funds on the restoration
contract, the property shall be restored unless the underlying encumbrances
provide otherwise. Otherwise the amount collected under any insurance
policy shall be applied upon any amounts due hereunder in such order
as Seller shall determine. In the event of forfeiture, all rights of
Buyer in insurance policies then in force shall pass to Seller.
14. NONPAYMENT OF TAXES, INSURANCE, AND UTILITIES CONSTITUTING LIENS.
If Buyer fails to pay taxes or assessments, insurance premiums, or utility
charges constituting liens prior to Seller's interest under this Contract,
Seller may pay such items and Buyer shall forthwith pay Seller the amount
thereof plus a late charge of 5% of the amount thereof plus any costs
and attorney's fees incurred in connection with making such payment.
15. CONDITION OF PROPERTY. Buyer accepts the property in its present
condition and acknowledges that Seller, his/her agents, and subagents
have made no representation or warranty concerning the physical
condition of the property or the uses to which it may be put other than
as set forth herein. Buyer agrees to
maintain the property in such condition as complies with all applicable
laws.
16. RISK OF LOSS. Buyer shall bear the risk of loss for destruction
or condemnation of the property. Any such loss shall not relieve Buyer
from any of Buyer's obligations pursuant to this Contract.
17. WASTE. Buyer shall keep the property in good repair and shall not
commit or suffer waste or willful damage to or destruction of the property.
Buyer shall not remove commercial timber without the written consent
of Seller.
18. AGRICULTURAL USE. If this property is to be used principally for
agricultural purposes, Buyer agrees to conduct farm and livestock operations
in accordance with good husbandry practices. In the event a forfeiture
action is instituted, Buyer consents to Seller's entry on the premises
to take any reasonable action to conserve soil, crops, trees, and livestock.
19. CONDEMNATION. Seller and buyer may each appear as owners of an interest
in the property in any action concerning condemnation of any part of
the property. Buyer may within 30 days after condemnation and removal
of improvements, negotiate a contract to substantially restore the premises
to their condition before the removal. If the condemnation proceeds
are sufficient to pay the contract price for restoration or if the Buyer
deposits in escrow any deficiency with instructions to apply the funds
on the restoration contract, the property shall be restored unless underlying
encumbrances provide otherwise. Otherwise, proceeds of the award shall
be applied in payment of the balance due on the purchase price, as Seller
may direct.
20. DEFAULT. If
the Buyer fails to observe or perform any term, covenant, or condition
of this Contract, Sellermay:
(a) Suit for Installments. Sue for any delinquent periodic payment;
or
(b) Specific Performance. Sue for specific performance of any of Buyer's
obligations pursuant to this
Contract; or
(c) Forfeit Buyer's Interest. Forfeit this Contract pursuant to Ch.
61.30, RCW, as it is presently enacted and may hereafter be amended.
The effect of such forfeiture includes: (i) all right, title, and interest
in the property of the Buyer and all persons claiming through the Buyer
shall be terminated; (ii) the Buyer's rights under the Contract shall
be cancelled; (iii) all sums previously paid under the Contract shall
belong to and be retained by the Seller or other person to whom paid
and entitled thereto; (iv) all improvements made to and unharvested
crops on the property shall belong to the Seller; and (v) Buyer shall
be required to surrender possession of the property, improvements, and
unharvested crops to the Seller 10 days after the forfeiture. (d) Acceleration
of Balance Due. Give Buyer written notice demanding payment of said
delinquencies and
payment of a late charge of 5% of the amount of such delinquent payments
and payment of Seller's reasonable attorney's fees and costs incurred
for services in preparing and sending such Notice and stating that if
payment pursuant to said Notice is not received within 30 days after
the date said Notice is either deposited in the mail addressed to the
Buyer or personally delivered to the Buyer, the entire balance
owing, including interest, will become immediately due and payable.
Seller may thereupon institute suit for payment of such balance, interest,
late charge, and reasonable attorney's fees and costs. (e) Judicial
Foreclosure. Sue to foreclose this Contract as a mortgage, in which
event Buyer may be liable for a deficiency. 21. RECEIVER. If Seller
has instituted any proceedings specified in Paragraph 20 and Buyer is
receiving rental or other income from the property, Buyer agrees that
the appointment of a receiver for the property is necessary to protect
Seller's interest.
22. BUYER'S REMEDY FOR SELLER'S DEFAULT. If Seller fails to observe
or perform any term, covenant, or condition of this Contract, Buyer
may, after 30 days' written notice to Seller, institute suit for damages
or specific performance unless the breaches designated in said notice
are cured.
23. NON-WAIVER. Failure of either party to insist upon strict performance
of the other party's obligations
hereunder shall not be construed as a waiver of strict performance thereafter
of all of the other party's
obligations hereunder and shall not prejudice any remedies as provided
herein.
24. ATTORNEY'S FEES AND COSTS. In the event of any breach of this Contract,
the party responsible for the breach agrees to pay reasonable attorney's
fees and costs, including costs of service of notices and title searches,
incurred by the other party. The prevailing party in any suit instituted
arising out of this Contract and in any forfeiture proceedings arising
out of this Contract shall be entitled to receive reasonable attorney's
fees and costs incurred in such suit or proceedings.
25. NOTICES. Notices shall be either personally served or shall be sent
certified mail, return receipt requested, and by regular first class
mail to Buyer at ___________________________________________________________
______________________________________________________________________________________
and to the Seller at _______________________________________________________________________
______________________________________________________________________________________
or such other addresses as either party may specify in writing to the
other party. Notices shall be deemed given when served or mailed. Notice
to Seller shall also be sent to any institution receiving payments on
the
Contract.
26. TIME FOR PERFORMANCE. Time is of the essence in performance of any
obligations pursuant to this Contract.
27. SUCCESSORS AND ASSIGNS. Subject to any restrictions against assignment,
the provisions of this Contract shall be binding on the heirs, successors,
and assigns of the Seller and the Buyer.
28. OPTIONAL PROVISION -- SUBSTITUTION AND SECURITY ON PERSONAL PROPERTY.
Buyer may substitute for any personal property specified in Paragraph
3 herein other personal property of like nature which Buyer owns free
and clear of any encumbrances. Buyer hereby grants Seller a security
interest in all personal property specified in Paragraph 3 and future
substitutions for such property and agrees to execute afinancing statement
under the Uniform Commercial Code reflecting such security interest.
SELLER INITIALS:
_______________________________________, _____________________________________
BUYER INITIALS:
_______________________________________
, _____________________________________
29. OPTIONAL PROVISION -- ALTERATIONS. Buyer shall not make any substantial
alteration to the
improvements on the property without the prior written consent of Seller,
which consent will not be
unreasonably withheld.
SELLER INITIALS:
_______________________________________, _____________________________________
BUYER INITIALS:
_______________________________________, _____________________________________
30. OPTIONAL PROVISION -- DUE ON SALE. If Buyer, without written consent
of Seller, (a) conveys, (b) sells, (c) leases, (d) assigns, (e) contracts
to convey, sell, lease or assign, (f) grants an option to buy the property,
(g) permits a forfeiture or foreclosure or trustee or sheriffs sale
of any of the Buyer's interest in theproperty or this Contract, Seller
may at any time thereafter either raise the interest rate on the balance
of the purchase price or declare the entire balance of the purchase
price due and payable. If one or more of the entities comprising the
Buyer is a corporation, any transfer or successive transfers in the
nature of items (a) through (g) above of 49% or more of the outstanding
capital stock shall enable Seller to take the above action. A lease
of less than 3 years (including options for renewals), a transfer to
a spouse or child of Buyer, a transfer incident to a marriage dissolution
or condemnation, and a transfer by inheritance will not enable Seller
to take any action pursuant to this Paragraph; provided the transferee
other than a condemnor agrees in writing that the provisions of this
paragraph apply to any subsequent transaction involving the property
entered into by the transferee.
SELLER INITIALS:
_______________________________________, _____________________________________
BUYER INITIALS:
_______________________________________, _____________________________________
31. OPTIONAL PROVISION -- PRE-PAYMENT PENALTIES ON PRIOR ENCUMBRANCES.
If Buyer elects to make payments in excess of the minimum required payments
on the purchase price herein, and Seller, because of such prepayments,
incurs prepayment penalties on prior encumbrances, Buyer agrees to forthwith
pay Seller the amount of such penalties in addition to payments on the
purchase price.
SELLER INITIALS:
_______________________________________, _____________________________________
BUYER INITIALS:
_______________________________________, _____________________________________
32. OPTIONAL PROVISION -- PERIODIC PAYMENTS ON TAXES AND INSURANCE.
In addition to the periodic payments on the purchase price, Buyer agrees
to pay Seller such portion of the real estate taxes and assessments
and fire insurance premium as will approximately total the amount due
during the current year based on Seller's reasonable estimate.
The payments during the current year shall be $ _____________________
per________________.
Such "reserve" payments from Buyer shall not accrue interest.
Seller shall pay when due all real estate taxes and insurance premiums,
if any, and debit the amounts so paid to the reserve account. Buyer
and Seller shall adjust the reserve account in April of each year to
reflect excess or deficit balances and changed costs. Buyer agrees to
bring the reserve account balance to a minimum of $10 at the time of
adjustment.
SELLER INITIALS:
_______________________________________, _____________________________________
BUYER INITIALS:
_______________________________________, _____________________________________
33. ADDENDA. Any addenda attached hereto are a part of this Contract.
34. ENTIRE AGREEMENT. This Contract constitutes the entire agreement
of the parties and supersedes all prior agreements and understandings,
written or oral. This Contract may be amended only in writing executed
by Seller and Buyer.
IN WITNESS WHEREOF
the parties have signed and sealed this Contract the day and year first
above written.
SELLER
______________________________________, _________________________________________
BUYER
______________________________________, __________________________________________
STATE OF
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that
(is/are) the person(s) who appeared
before me, and said person(s) acknowledged that signed this instrument
and acknowledged it to be
free and voluntary act for the uses and purposes mentioned in this instrument.
Dated:
________________________________
Notary name printed or typed:
Notary Public in and for the State of
Residing at
My appointment expires:
STATE OF
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that (is/are) the
person(s) who appeared
before me, and said person(s) acknowledged that signed this instrument
and acknowledged it to be
free and voluntary act for the uses and purposes mentioned in this instrument.
Dated:
________________________________
Notary name printed or typed:
Notary Public in and for the State of
Residing at
My appointment expires:
STATE OF
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that (is/are) the
person(s) who appeared before me, and said person(s) acknowledged that
signed this instrument, on oath stated that authorized to execute the
instrument and acknowledge it as
The
of
to be the free and voluntary act of such party(ies) for the uses and
purposes mentioned in this instrument.
Dated:
_______________________________
Notary name printed or typed:
Notary Public in and for the State of
Residing at
My appointment expires:
STATE OF
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that (is/are) the
person(s) who appeared before me, and said person(s) acknowledged that
signed this instrument, on oath stated that authorized to execute the
instrument and acknowledge it as
the
of
to be the free and voluntary act of such party(ies) for the uses and
purposes mentioned in this instrument.
Dated:
_________________________________
Notary name printed or typed:
Notary Public in and for the State of
Residing at
My appointment expires:
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