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Able & Alicia Salazar -Purchase and Sale for NKA Heritage Blvd Parcel 113900095
The following is only a brief summary of the attached law. SEC. 1. SEC. 2. SEC. 3. SEC. 4. SEC. 5. SEC. 6. SEC. 7. SEC. 8. SEC. 9. SEC. 10. SEC. 11. SEC. 12. Definitions.Defines the specific terms used in the law. Relationships between Brokers and the Public.Prescribes that a broker who works with a buyer or tenant represents that buyer or tenant - unless the broker is the listing agent, a seller's subagent, a dual agent, the seller personally or the parties agree otherwise. Also prescribes that in a transaction involving two different brokers licensed to the same real estate firm, the firm's designated broker and any managing broker responsible for the supervision of both brokers, are dual agents and each broker solely represents his or her client - unless the parties agree in writing that both brokers are dual agents. Duties of a Broker Generally.Prescribes the duties that are owed by all brokers, regardless of who the broker represents. Requires disclosure of the broker's agency relationship in a specific transaction. Duties of a Seller's Agent.Prescribes the additional duties of a broker representing the seller or landlord only. Duties of a Buyer's Agent.Prescribes the additional duties of a broker representing the buyer or tenant only. Duties of a Dual Agent.Prescribes the additional duties of a broker representing both parties in the same transaction, and requires the written consent of both parties to the broker acting as a dual agent. Duration of Agency Relationship. Describes when an agency relationship begins and ends. Provides that the duties of accounting and confidentiality continue after the termination of an agency relationship. Compensation.Allows real estate firms to share compensation with cooperating real estate firms. States that payment of compensation does not necessarily establish an agency relationship. Allows brokers to receive compensation from more than one party in a transaction with the parties' consent. Vicarious Liability.Eliminates the liability of a party for the conduct of the party's agent or subagent, unless the principal participated in or benefited from the conduct or the agent or subagent is insolvent. Also limits the liability of a broker for the conduct of a subagent. Imputed Knowledge and Notice.Eliminates the common law rule that notice to or knowledge of an agent constitutes notice to or knowledge of the principal. Interpretation.This law establishes statutory duties which replace common law fiduciary duties owed by an agent to a principal. Short Sale.Prescribes an additional duty of a firm representing the seller of owner-occupied real property in a short sale. Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com New Century Realty, 124 W. Kennewick Ave. Suite 6 Kennewick WA 99336 509.302.0421 509.783.9107 Abel Salazar Patricia Sanchez DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 SECTION 1: DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) “Agency relationship” means the agency relationship created under this chapter or by written agreement between a real estate firm and a buyer and/or seller relating to the performance of real estate brokerage services. (2) “Agent” means a broker who has entered into an agency relationship with a buyer or seller. (3) “Broker” means broker, managing broker, and designated broker, collectively, as defined in chapter 18.85 RCW, unless the context requires the terms to be considered separately. (4) “Business opportunity” means and includes a business, business opportunity, and goodwill of an existing business, or any one or combination thereof when the transaction or business includes an interest in real property. (5) “Buyer” means an actual or prospective purchaser in a real estate transaction, or an actual or prospective tenant in a real estate rental or lease transaction, as applicable. (6) “Buyer's agent” means a broker who has entered into an agency relationship with only the buyer in a real estate transaction, and includes sub-agents engaged by a buyer's agent. (7) “Confidential information” means information from or concerning a principal of a broker that: (a) Was acquired by the broker during the course of an agency relationship with the principal; (b) The principal reasonably expects to be kept confidential; (c) The principal has not disclosed or authorized to be disclosed to third parties; (d) Would, if disclosed, operate to the detriment of the principal; and (e) The principal personally would not be obligated to disclose to the other party. (8) “Dual agent” means a broker who has entered into an agency relationship with both the buyer and seller in the same transaction. (9) “Material fact” means information that substantially adversely affects the value of the property or a party's ability to perform its obligations in a real estate transaction, or operates to materially impair or defeat the purpose of the transaction. The fact or suspicion that the property, or any neighboring property, is or was the site of a murder, suicide or other death, rape or other sex crime, assault or other violent crime, robbery or burglary, illegal drug activity, gang-related activity, political or religious activity, or other act, occurrence, or use not adversely affecting the physical condition of or title to the property is not a material fact. (10)“Owner-occupied real property” means real property consisting solely of a single-family residence, a residential condominium unit, or a residential cooperative unit that is the principal residence of the borrower. (11)“Principal” means a buyer or a seller who has entered into an agency relationship with a broker. (12)“Real estate brokerage services” means the rendering of services for which a real estate license is required under chapter 18.85 RCW. (13)“Real estate firm” or “firm” have the same meaning as defined in chapter 18.85 RCW. (14)“Real estate transaction” or “transaction” means an actual or prospective transaction involving a purchase, sale, option, or exchange of any interest in real property or a business opportunity, or a lease or rental of real property. For purposes of this chapter, a prospective transaction does not exist until a written offer has been signed by at least one of the parties. (15)“Seller” means an actual or prospective seller in a real estate transaction, or an actual or prospective landlord in a real estate rental or lease transaction, as applicable. (16)“Seller's agent” means a broker who has entered PAGE 2 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 into an agency relationship with only the seller in a real estate transaction, and includes subagents engaged by a seller's agent. (17)“Subagent” means a broker who is engaged to act on behalf of a principal by the principal's agent where the principal has authorized the broker in writing to appoint subagents. SECTION 2: RELATIONSHIPS BETWEEN BROKERS AND THE PUBLIC. (1) A broker who performs real estate brokerage services for a buyer is a buyer's agent unless the: (a) Broker's firm has appointed the broker to represent the seller pursuant to a written agency agreement between the firm and the seller, in which case the broker is a seller's agent; (b) Broker has entered into a subagency agreement with the seller's agent's firm, in which case the broker is a seller's agent; (c) Broker's firm has appointed the broker to represent the seller pursuant to a written agency agreement between the firm and the seller, and the broker's firm has appointed the broker to represent the buyer pursuant to a written agency agreement between the firm and the buyer, in which case the broker is a dual agent; (d) Broker is the seller or one of the sellers; or (e) Parties agree otherwise in writing after the broker has complied with RCW 18.86.030(1)(f). (2) In a transaction in which different brokers affiliated with the same firm represent different parties, the firm's designated broker and any managing broker responsible for the supervision of both brokers, is a dual agent, and must obtain the written consent of both parties as required under RCW 18.86.060. In such case, each of the brokers shall solely represent the party with whom the broker has an agency relationship, unless all parties agree in writing that the broker is a dual agent. (3) A broker may work with a party in separate transactions pursuant to different relationships, including, but not limited to, representing a party in one transaction and at the same time not representing that party in a different transaction involving that party, if the broker complies with this chapter in establishing the relationships for each transaction. SECTION 3: DUTIES OF A BROKER GENERALLY. (1) Regardless of whether a broker is an agent, the broker owes to all parties to whom the broker renders real estate brokerage services the following duties, which may not be waived: (a) To exercise reasonable skill and care; (b) To deal honestly and in good faith; (c) To present all written offers, written notices and other written communications to and from either party in a timely manner, regardless of whether the property is subject to an existing contract for sale or the buyer is already a party to an existing contract to purchase; (d) To disclose all existing material facts known by the broker and not apparent or readily ascertainable to a party; provided that this subsection shall not be construed to imply any duty to investigate matters that the broker has not agreed to investigate; (e) To account in a timely manner for all money and property received from or on behalf of either party; (f) To provide a pamphlet on the law of real estate agency in the form prescribed in PAGE 3 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 RCW 18.86.120 to all parties to whom the broker renders real estate brokerage services, before the party signs an agency agreement with the broker, signs an offer in a real estate transaction handled by the broker, consents to dual agency, or waives any rights, under RCW 18.86.020(1)(e), 18.86.040(1)(e), 18.86.050(1)(e), or 18.86.060(2) (e) or (f), whichever occurs earliest; and (g) To disclose in writing to all parties to whom the broker renders real estate brokerage services, before the party signs an offer in a real estate transaction handled by the broker, whether the broker represents the buyer, the seller, both parties, or neither party. The disclosure shall be set forth in a separate paragraph entitled “Agency Disclosure” in the agreement between the buyer and seller or in a separate writing entitled “Agency Disclosure.” (2) Unless otherwise agreed, a broker owes no duty to conduct an independent inspection of the property or to conduct an independent investigation of either party's financial condition, and owes no duty to independently verify the accuracy or completeness of any statement made by either party or by any source reasonably believed by the broker to be reliable. SECTION 4: DUTIES OF A SELLER'S AGENT. (1) Unless additional duties are agreed to in writing signed by a seller's agent, the duties of a seller's agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection: (a) To be loyal to the seller by taking no action that is adverse or detrimental to the seller's interest in a transaction; (b) To timely disclose to the seller any conflicts of interest; (c) To advise the seller to seek expert advice on matters relating to the transaction that are beyond the agent's expertise; (d) Not to disclose any confidential information from or about the seller, except under subpoena or court order, even after termination of the agency relationship; and (e) Unless otherwise agreed to in writing after the seller's agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a buyer for the property; except that a seller's agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale. (2) (a) The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a seller's agent does not in and of itself breach the duty of loyalty to the seller or create a conflict of interest. (b) The representation of more than one seller by different brokers affiliated with the same firm in competing transactions involving the same buyer does not in and of itself breach the duty of loyalty to the sellers or create a conflict of interest. SECTION 5: DUTIES OF A BUYER'S AGENT. (1) Unless additional duties are agreed to in writing signed by a buyer's agent, the duties of a buyer's agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection: (a) To be loyal to the buyer by taking no action that is adverse or detrimental to the buyer's interest in a transaction; PAGE 4 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 (b) To timely disclose to the buyer any conflicts of interest; (c) To advise the buyer to seek expert advice on matters relating to the transaction that are beyond the agent's expertise; (d) Not to disclose any confidential information from or about the buyer, except under subpoena or court order, even after termination of the agency relationship; and (e) Unless otherwise agreed to in writing after the buyer's agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; except that a buyer's agent is not obligated to: (i) seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no written agreement to pay compensation to the buyer's agent. (2) (a) The showing of property in which a buyer is interested to other prospective buyers by a buyer's agent does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest. (b) The representation of more than one buyer by different brokers affiliated with the same firm in competing transactions involving the same property does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest. SECTION 6: DUTIES OF A DUAL AGENT. (1) Notwithstanding any other provision of this chapter, a licensee may act as a dual agent only with the written consent of both parties to the transaction after the dual agent has complied with RCW 18.86.030(1)(f), which consent must include a statement of the terms of compensation. (2) Unless additional duties are agreed to in writing signed by a dual agent, the duties of a dual agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) and (f) of this subsection: (a) To take no action that is adverse or detrimental to either party's interest in a transaction; (b) To timely disclose to both parties any conflicts of interest; (c) To advise both parties to seek expert advice on matters relating to the transaction that are beyond the dual agent's expertise; (d) Not to disclose any confidential information from or about either party, except under subpoena or court order, even after termination of the agency relationship; (e) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(1) (f), to make a good faith and continuous effort to find a buyer for the property; except that a dual agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale; and (f) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(1) (f), to make a good faith and continuous effort to find a property for the buyer; except that a dual agent is not obligated to: (i) seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no written agreement to pay compensation to the dual agent. (3) (a) The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a dual agent does not in and of itself constitute action that is PAGE 5 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 adverse or detrimental to the seller or create a conflict of interest. (b) The representation of more than one seller by different brokers licensed to the same firm in competing transactions involving the same buyer does not in and of itself constitute action that is adverse or detrimental to the sellers or create a conflict of interest. (4) (a) The showing of property in which a buyer is interested to other prospective buyers or the presentation of additional offers to purchase property while the property is subject to a transaction by a dual agent does not in and of itself constitute action that is adverse or detrimental to the buyer or create a conflict of interest. (b) The representation of more than one buyer by different brokers licensed to the same firm in competing transactions involving the same property does not in and of itself constitute action that is adverse or detrimental to the buyer or create a conflict of interest. SECTION 7: DURATION OF AGENCY RELATIONSHIP. (1) The agency relationships set forth in this chapter commence at the time that the broker undertakes to provide real estate brokerage services to a principal and continue until the earliest of the following: (a) Completion of performance by the broker; (b) Expiration of the term agreed upon by the parties; (c) Termination of the relationship by mutual agreement of the parties; or (d) Termination of the relationship by notice from either party to the other. However, such a termination does not affect the contractual rights of either party. (2) Except as otherwise agreed to in writing, a broker owes no further duty after termination of the agency relationship, other than the duties of: (a) Accounting for all moneys and property received during the relationship; and (b) Not disclosing confidential information. SECTION 8: COMPENSATION. (1) In any real estate transaction, a firm's compensation may be paid by the seller, the buyer, a third party, or by sharing the compensation between firms. (2) An agreement to pay or payment of compensation does not establish an agency relationship between the party who paid the compensation and the broker. (3) A seller may agree that a seller's agent's firm may share with another firm the compensation paid by the seller. (4) A buyer may agree that a buyer's agent's firm may share with another firm the compensation paid by the buyer. (5) A firm may be compensated by more than one party for real estate brokerage services in a real estate transaction, if those parties consent in writing at or before the time of signing an offer in the transaction. (6) A firm may receive compensation based on the purchase price without breaching any duty to the buyer or seller. (7) Nothing contained in this chapter negates the requirement that an agreement authorizing or employing a broker to sell or purchase real estate for compensation or a commission be in writing and signed by the seller or buyer. PAGE 6 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 SECTION 9: VICARIOUS LIABILITY. (1) A principal is not liable for an act, error, or omission by an agent or subagent of the principal arising out of an agency relationship: (a) Unless the principal participated in or authorized the act, error, or omission; or (b) Except to the extent that: (i) the principal benefited from the act, error, or omission; and (ii) the court determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent or subagent. (2) A broker is not liable for an act, error, or omission of a subagent under this chapter, unless that broker participated in or authorized the act, error or omission. This subsection does not limit the liability of a firm for an act, error, or omission by a broker licensed to the firm. SECTION 10: IMPUTED KNOWLEDGE AND NOTICE. (1) Unless otherwise agreed to in writing, a principal does not have knowledge or notice of any facts known by an agent or subagent of the principal that are not actually known by the principal. (2) Unless otherwise agreed to in writing, a broker does not have knowledge or notice of any facts known by a subagent that are not actually known by the broker. This subsection does not limit the knowledge imputed to the designated broker or any managing broker responsible for the supervision of the broker of any facts known by the broker. SECTION 11: INTERPRETATION The duties under this chapter are statutory duties and not fiduciary duties. This chapter supersedes the fiduciary duties of an agent to a principal under the common law. The common law continues to apply to the parties in all other respects. This chapter does not affect the duties of a broker while engaging in the authorized or unauthorized practice of law as determined by the courts of this state. This chapter shall be construed broadly. SECTION 12: SHORT SALE. When the seller of owner-occupied residential real property enters into a listing agreement with a real estate firm where the proceeds from the sale may be insufficient to cover the costs at closing, it is the responsibility of the real estate firm to disclose to the seller in writing that the decision by any beneficiary or mortgagee, or its assignees, to release its interest in the real property, for less than the amount the borrower owes, does not automatically relieve the seller of the obligation to pay any debt or costs remaining at closing, including fees such as the real estate firm's commission. © Copyright 2013 Northwest Multiple Listing Service Revised July 2013 RCW 18.86.120 PAGE 7 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 Form 25 Vacant Land Purchase & Sale Rev. 7/19 Page 1 of 5 VACANT LAND PURCHASE AND SALE AGREEMENT SPECIFIC TERMS ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED 1. Date: MLS No.: Offer Expiration Date: 2. Buyer: Buyer Buyer Status 3. Seller: Seller Seller 4. Property:Legal Description attached as Exhibit A.Tax Parcel No(s).: , , , Address City County State Zip 5. Purchase Price:$ Dollars 6. Earnest Money:$ Check; Note; Other (held by Selling Firm; Closing Agent) 7. Default:(check only one) Forfeiture of Earnest Money; Seller's Election of Remedies 8. Title Insurance Company: 9. Closing Agent: Company Individual (optional) 10. Closing Date: ;Possession Date: on Closing; Other 11. Services of Closing Agent for Payment of Utilities: Requested (attach NWMLS Form 22K); Waived 12. Charges/Assessments Levied Before but Due After Closing:assumed by Buyer; prepaid in full by Seller at Closing 13. Seller Citizenship (FIRPTA):Seller is; is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property must be subdivided before ; is not required to be subdivided 15. Feasibility Contingency Expiration Date: days after mutual acceptance; Other 16. Agency Disclosure:Selling Broker represents: Buyer; Seller; both parties; neither party Listing Broker represents: Seller; both parties 17. Addenda: Buyer's Signature Date Buyer's Signature Date Buyer's Address City, State, Zip Phone No. Fax No. Buyer's E-mail Address Selling Firm MLS Office No. Selling Broker (Print) MLS LAG No. Firm Phone No. Broker Phone No. Firm Fax No. Selling Firm Document E-mail Address Selling Broker's E-mail Address Selling Broker DOL License No. Selling Firm DOL License No. Seller's Signature Date Seller's Signature Date Seller's Address City, State, Zip Phone No. Fax No. Seller's E-mail Address Listing Firm MLS Office No. Listing Broker (Print) MLS LAG No. Firm Phone No. Broker Phone No. Firm Fax No. Listing Firm Document E-mail Address Listing Broker's E-mail Address Listing Broker DOL License No. Listing Firm DOL License No. Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com October 17, 2019 232385 October 22, 2019 Abel Salazar, Alicia Vera de Salazar Married City of Pasco 113900095 NKA Heritage Blvd, Pasco, Wa 99301 74,270.00 2,000.00 X bank wire X X Benton Franklin Title Benton Franklin Title Jennifer Lopez November 22, 2019 X X X X X X 10 X X Form 22D (Optional Clauses Addendum), Feasibility Contingency Addendum ( Form 35F), Land and Acreage Addendum (Form 22 LA), Form 22EF(Verification of Funds Addendum), Form 22T Abel Salazar Alicia Vera de Salazar (909)493-8017 Aliciavera_58@icloud.com New Century Realty Patricia Sanchez 509.302.0421 509.302.0421 509.783.9107 colleenmakerbalde@yahoo.com ipvsanchez@aol.com 23613 9517 City of Pasco SVN Retter and Company Rob Ellsworth (509)737-9429 (509)430-2378 contracts@resothebysrealty.com rob@robellsworth.com New Century Realty, 124 W. Kennewick Ave. Suite 6 Kennewick WA 99336 509.302.0421 509.783.9107 Abel Salazar Patricia Sanchez DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 25 Vacant Land Purchase & Sale Rev. 7/19 Page 2 of 5 VACANT LAND PURCHASE AND SALE AGREEMENT GENERAL TERMS ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED Continued a. Purchase Price.Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless otherwise specified in this Agreement. 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, including funds from loans, the sale of other property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. b. Earnest Money.Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, whichever occurs later. If the Earnest Money is held by Selling Firm and is over $10,000.00 it shall be deposited into an interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein. Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader action to deduct up to $500.00 for the costs thereof. c. Condition of Title.Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. The following shall not cause the title 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 reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's 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. If the Property has been short platted, the Short Plat number is in the Legal Description. d. Title Insurance.Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a consequence of Seller's inability to provide insurable title. 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 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 25 Vacant Land Purchase & Sale Rev. 7/19 Page 3 of 5 VACANT LAND PURCHASE AND SALE AGREEMENT GENERAL TERMS ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED Continued e. Closing and Possession.This sale shall be closed by the Closing Agent on the Closing Date. “Closing” means the date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first obtaining Buyer's consent, which shall not be unreasonably withheld. f. Section 1031 Like-Kind Exchange.If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. g. Closing Costs and Prorations and Charges and Assessments.Seller and Buyer shall each pay one-half of the escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or equivalent). Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid as agreed in Specific Term No.12. h. Sale Information.Listing Broker and Selling Broker are authorized to report this Agreement (including price and all terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information and copies of documents concerning this sale. i. Seller Citizenship and FIRPTA.Seller warrants that the identification of Seller's citizenship status for purposes of U.S. income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) under the Foreign Investment In Real Property Tax Act (“FIRPTA”) at Closing and provide the certification to the Closing Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. j. Notices and Delivery of Documents.Any notice related to this Agreement (including revocations of offers or counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or document (or a direct link to such notice or document) shall constitute delivery when: (i) the e-mail is sent to both Selling Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this Agreement; or (ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 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 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 25 Vacant Land Purchase & Sale Rev. 7/19 Page 4 of 5 VACANT LAND PURCHASE AND SALE AGREEMENT GENERAL TERMS ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED Continued k. Computation of Time.Unless otherwise specified in this Agreement, any period of time measured in days and stated in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of this Agreement. l. Integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in electronic form has the same legal effect and validity as a handwritten signature. m. Assignment.Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless the parties indicate that assignment is permitted by the addition of “and/or assigns” on the line identifying the Buyer on the first page of this Agreement. n. Default.In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following provision, as identified in Specific Term No. 7, shall apply: i. Forfeiture of Earnest Money.That portion of the Earnest Money that does not exceed five percent (5%) of the Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. ii. Seller's Election of Remedies.Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. o. Professional Advice and Attorneys' Fees.Buyer and Seller are advised to seek the counsel of an attorney and a certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' fees and expenses. p. Offer.This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. q. Counteroffer.Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. r. Offer and Counteroffer Expiration Date.If no expiration date is specified for an offer/counteroffer, the offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, unless sooner withdrawn. s. Agency Disclosure.Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. If Selling Broker and Listing Broker are the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All parties acknowledge receipt of the pamphlet entitled “The Law of Real Estate Agency.” 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 25 Vacant Land Purchase & Sale Rev. 7/19 Page 5 of 5 VACANT LAND PURCHASE AND SALE AGREEMENT GENERAL TERMS ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED Continued t. Commission.Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to court costs and reasonable attorneys' fees. Seller and Buyer agree that the Firms are intended third party beneficiaries under this Agreement. u. Feasibility Contingency.It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. v. Subdivision.If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. w. Information Verification Period.Buyer shall have 10 days after mutual acceptance to verify all information provided from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under this section, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. x. Property Condition Disclaimer.Buyer and Seller agree, that except as provided in this Agreement, all representations and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding third-party service providers. 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 22D Optional Clauses Addendum Rev. 7/19 Page 1 of 2 OPTIONAL CLAUSES ADDENDUM TO PURCHASE & SALE AGREEMENT ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED The following is part of the Purchase and Sale Agreement dated between ("Buyer") Buyer Buyer and ("Seller") Seller Seller concerning (the "Property"). Address City State Zip CHECK IF INCLUDED: 1. Square Footage/Lot Size/Encroachments.The Listing Broker and Selling Broker make no representations concerning:(a)the lot size or the accuracy of any information provided by the Seller;(b)the square footage of any improvements on the Property;(c)whether there are any encroachments (fences,rockeries,buildings)on the Property,or by the Property on adjacent properties.Buyer is advised to verify lot size,square footage and encroachments to Buyer's own satisfaction. 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: Standard Owner's Coverage.Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's additional protection and inflation protection endorsements, if available at no additional cost, rather than the Homeowner's Policy of Title Insurance. Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and the cost of any survey required by the title insurer. 3. Seller Cleaning.Seller shall clean the interiors of any structures and remove all trash, debris and rubbish from the Property prior to Buyer taking possession. 4. Personal Property.Unless otherwise agreed, Seller shall remove all personal property from the Property not later than the Possession Date. Any personal property remaining on the Property thereafter shall become the property of Buyer, and may be retained or disposed of as Buyer determines. 5. Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: public water main; public sewer main; septic tank; well (specify type) ; irrigation water (specify provider) ; natural gas; telephone; cable; electricity; other . 6. Insulation - New Construction.If this is new construction, Federal Trade Commission Regulations require the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish Buyer the information below in writing as soon as available: WALL INSULATION: TYPE: THICKNESS: R-VALUE: CEILING INSULATION: TYPE: THICKNESS: R-VALUE: OTHER INSULATION DATA: 7. Leased Property Review Period and Assumption.Buyer acknowledges that Seller leases the following items of personal property that are included with the sale: propane tank; security system; satellite dish and operating equipment; other . Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date 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 39 40 Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com October 17, 2019 Abel Salazar, Alicia Vera de Salazar City of Pasco NKA Heritage Blvd, Pasco, Wa 99301 X New Century Realty, 124 W. Kennewick Ave. Suite 6 Kennewick WA 99336 509.302.0421 509.783.9107 Abel Salazar Patricia Sanchez DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 22D Optional Clauses Addendum Rev. 7/19 Page 2 of 2 OPTIONAL CLAUSES ADDENDUM TO PURCHASE & SALE AGREEMENT ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer shall assume the lease(s)for the selected item(s)and hold Seller harmless from and against any further obligation,liability,or claim arising from the lease(s),if the lease(s)can be assumed.If Buyer gives timely notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 8. Homeowners' Association Review Period.If the Property is subject to a homeowners' association or any other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if available from the Association) within days (10 days if not filled in) of mutual acceptance: a. Association rules and regulations, including, but not limited to architectural guidelines; b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); c. Association meeting minutes from the prior two (2) years; d. Association Board of Directors meeting minutes from the prior six (6) months; and e. Association financial statements from the prior two (2) years and current operating budget. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not filled in) of receipt of the above documents or the date that the above documents are due, whichever is earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 9. Homeowners' Association Transfer Fee.If there is a transfer fee imposed by the homeowners' association or any other association (e.g.a “move-in”or “move-out”fee),the fee shall be paid by the party as provided for in the association documents. If the association documents do not provide which party pays the fee, the fee shall be paid by Buyer; Seller (Seller if not filled in). 10. Excluded Item(s).The following item(s), that would otherwise be included in the sale of the Property, is excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the removal of the Excluded Item(s). Excluded Item(s): 11.Home Warranty.Buyer and Seller acknowledge that home warranty plans are available which may provide additional protection and benefits to Buyer and Seller.Buyer shall order a one-year home warranty as follows: a. Home warranty provider: b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together with any included options, and Buyer shall pay any balance. c. Options to be included: (none, if not filled in). d. Other: . 12. Other. Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date 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 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 35F Feasibility Contingency Addendum Rev. 7/10 Page 1 of 1 ©Copyright 2010 Northwest Multiple Listing Service ALL RIGHTS RESERVED FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale agreement dated between ("Buyer") and ("Seller") concerning ("the Property"). Feasibility Contingency.Buyer shall verify within days (10 days, if not filled in) after mutual acceptance (the “Feasibility Contingency Expiration Date”)the suitability of the Property for Buyer's intended purpose including, but not limited to,whether the Property can be platted,developed and/or built on (now or in the future)and what it will cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer.Buyer should not rely on any oral statements concerning feasibility made by the Seller,Listing Broker or Selling Broker.Buyer should inquire at the city or county,and water,sewer or other special districts in which the Property is located.Buyer's inquiry shall include, but not be limited to: building or development moratoria applicable to or being considered for the Property;any special building requirements,including setbacks,height limits or restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other environmentally sensitive area;road,school,fire and any other growth mitigation or impact fees that must be paid;the procedure and length of time necessary to obtain plat approval and/or a building permit;sufficient water,sewer and utility and any services connection charges; and all other charges that must be paid. Buyer and Buyer's agents,representatives,consultants,architects and engineers shall have the right,from time to time during the feasibility contingency,to enter onto the Property and to conduct any tests or studies that Buyer may need to ascertain the condition and suitability of the Property for Buyer's intended purpose.Buyer shall restore the Property and all improvements on the Property to the same condition they were in prior to the inspection.Buyer shall be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED.If checked, this Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 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 Initials: BUYER: Date: SELLER: Date: BUYER: Date: SELLER: Date: Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com October 17, 2019 Abel Salazar, Alicia Vera de Salazar City of Pasco NKA Heritage Blvd, Pasco, Wa 99301 10 New Century Realty, 124 W. Kennewick Ave. Suite 6 Kennewick WA 99336 509.302.0421 509.783.9107 Abel Salazar Patricia Sanchez DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 22 L&A Land & Acreage Addendum Rev. 7/19 Page 1 of 4 LAND AND ACREAGE ADDENDUM ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED The following is part of the Purchase and Sale Agreement dated between ("Buyer") Buyer Buyer and ("Seller") Seller Seller concerning (the "Property"). Address City State Zip 1. BUYER ACKNOWLEDGMENTS:If Buyer has any questions regarding the Property, Buyer is advised to make the Agreement subject to relevant inspections, tests, surveys, and/or reports. BUYER ACKNOWLEDGES: a.Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and desirability of acquiring the Property for Buyer's intended use, based solely on Buyer's examination of the Property. b.A generally accepted method for identifying boundary lines and verifying the size of the Property is to have the Property surveyed, and corners identified and marked. A survey will confirm that the legal description is accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing Broker nor the Selling Broker shall be responsible for any discrepancies in boundary lines, information regarding the size of the Property, identification of easements or encroachment problems. c.A generally accepted method for determining whether on-site sewage disposal systems may be installed on the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is suitable for any needed on-site sewage disposal system and related equipment. d.A generally accepted method for determining water quality from any well or other water delivery system is to have tests conducted by qualified professionals for organic and inorganic materials, including, but not limited to bacteria, coliform, lead, arsenic, nitrates, and uranium. A generally accepted method for determining water quantity produced by a well is to have a test conducted by experts to determine gallons per minute. Buyer understands that the results of such tests only provide information regarding water quality or quantity at the time of the test(s) and provide no representation or guarantee that results will not change or vary at other times. e.If the Property is currently taxed at a reduced rate because a special classification such as open space, agricultural,or forest land,and Buyer is to continue that use,Buyer understands approval from the county will need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required to be paid if the use classification is changed or withdrawn at Closing or in the future. f.A generally accepted method for determining the value of timber growing on the Property is to have a qualified forester or forest products expert "cruise" the Property and give a written valuation. g.On-site sewage systems should be inspected by qualified professionals licensed by the local municipality.If there is an on-site sewage system on the Property that has not been recently used, Buyer should consider conducting a purge test and other inspections to determine whether there are any defects in the system. A purge test consists of introducing water into the system to determine whether the system is functioning properly. h.Additional tests or inspections of the Property may be required by local or state governmental agencies before title to the Property is transferred. i.Seller may have entered into lease or rental agreements that extend beyond the Closing Date. Buyer should use due diligence to investigate such agreements. j.Seller shall have the right to harvest all crops in the ordinary course of business until the Possession Date. 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 39 40 41 42 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com October 17, 2019 Abel Salazar, Alicia Vera de Salazar City of Pasco NKA Heritage Blvd, Pasco, Wa 99301 New Century Realty, 124 W. Kennewick Ave. Suite 6 Kennewick WA 99336 509.302.0421 509.783.9107 Abel Salazar Patricia Sanchez DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 22 L&A Land & Acreage Addendum Rev. 7/19 Page 2 of 4 LAND AND ACREAGE ADDENDUM Continued ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED 2. CONTINGENCIES: a. General Contingency Provisions.This Agreement is conditioned on the applicable contingencies below. The work to be performed shall be timely ordered by the party responsible for payment, except for the Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for ordering the work and fails to timely do so, Seller will be in breach of the Agreement. b. Contingency Periods.The applicable contingency periods shall commence on mutual acceptance of the Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within the applicable contingency period, then the respective contingency shall be deemed waived. c.Contingencies.Items checked below are to be paid by Buyer or Seller as indicated below and are contingencies to the Agreement.Notwithstanding the payment allocation provided for herein,if the Agreement fails to close as a consequence of a Seller's breach,the costs of the following shall be borne by the Seller: Paid by Paid by Contingency period Buyer Seller (10 days if not filled in) i. Survey.Completion of survey to verify information regarding days the Property as listed in 1(b), with results of the survey to be satisfactory to Buyer in Buyer's sole discretion. Seller shall provide any prior surveys of the Property to Buyer,if available. ii.Perc Test.Perc or similar test,conducted by a qualified days professional, indicating that the Property is suitable for installation of conventional septic system and drain field.If the sale fails to close,the party who paid for the perc test shall fill in holes at their expense within two weeks of the date the transaction is terminated.Earnest Money shall not be refunded to Buyer until perc holes are filled in if this is Buyer's responsibility. iii.On-Site Sewage System.The on-site sewage system days (“OSS”)shall be inspected and,if the inspector determines necessary,pumped by a qualified professional. If Seller had the OSS inspected within months (12 months if not filled in) of mutual acceptance and Seller provides Buyer with written evidence thereof, including an inspection report, there shall be no obligation to inspect and pump the system unless otherwise required by Buyer's lender. If VA financing is used, Buyer's lender may require certification of the OSS.If Seller has not already conducted an inspection, Buyer shall have the right to observe the inspection. The OSS inspection shall; shall not include a purge test to determine if the OSS is functioning properly. Seller shall deliver to Buyer the maintenance records, if available, of the OSS serving the Property within days (10 days if not filled in) of mutual acceptance. iv. Water Quality.Water quality and/or purity tests showing days water meets the approval standards of the Department of Ecology and the standards of the governing county.Water quality tests to be performed by a qualified professional. Water quality and/or purity tests shall; shall not be submitted to a private lab for further evaluation. 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 86 87 88 89 90 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 22 L&A Land & Acreage Addendum Rev. 7/19 Page 3 of 4 LAND AND ACREAGE ADDENDUM Continued ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED v.Water Quantity.Water quantity tests (4 hour draw down days test or other test selected by Buyer) showing a sustained flow of g. p. m., which Buyer agrees will be adequate to reasonably meet Buyer's needs. Water quantity test to be performed by a qualified professional. vi. Timber.Timber cruise conducted by a qualified forest days products expert of Buyer's choice,with results of the cruise to be satisfactory to Buyer in Buyer's sole discretion. 3. ADDITIONAL PROVISIONS (check as applicable) FeasibilityStudy.If this box is checked,this paragraph supersedes and replaces the Feasibility Contingency set forth in Specific Term 15 and General Term “u” of Form 25 (Vacant Land Purchase and Sale Agreement). Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any matters affecting the Property including, without limitation, the condition of any improvements to the Property, the condition and capacity of irrigation pumps,system and wells,the adequacy of water rights for the Property, the licensure of wells,permitted or certificated water rights for the Property,the location and size of any critical area on the Property, the number and location of approved road approaches from public roads,and the presence of recorded access easements to the Property,are suitable for Buyer's intended use(s),and that it is feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement.In performing any investigations,Buyer shall not interfere with any existing tenants'operations on the Property. This feasibility study contingency shall conclusively be deemed waived unless within (10 days if not filled in)after mutual acceptance,Buyer gives notice disapproving the feasibility study.If Buyer timely disapproves the feasibility study and terminates the Agreement,the Earnest Money shall be refunded to Buyer. Irrigation and Water.Seller represents that there are shares of irrigation/frost water rights applicable to the Property, all of which will be transferred to Buyer at Closing. The parties should consult with an attorney to facilitate the transfer of any water rights. Assignment and Assumption.At Closing, Seller will assign, transfer, and convey all of its right, title and interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the Closing Date,there are no defaults under the leases and no condition exists or event has occurred or failed to occur that with or without notice and the passage of time could ripen into such a default.At Closing,Buyer will agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the extent delegated to and assumed by Buyer hereunder. Attorney Review.This Agreement is conditioned on review and approval by the parties' attorneys on or before .A party shall conclusively be deemed to have waived this contingency unless notice in conformance with this Agreement is provided to the other party by the foregoing date. Accessories.The indicated accessories are items included in addition to those stated in Specific Term 5 of the Agreement: portable buildings; sheds and other outbuildings; game feeders; livestock feeders and troughs; irrigation equipment; fuel tanks; submersible pumps; pressure tanks; corrals and pens gates and fences; chutes; other: . The value assigned to the personal property included in the sale shall be $ . Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. CRPProgram.Buyer must assume all Conservation Reserve Program (“CRP”),Wetland Restoration Program (“WRP”),or similar program contracts and agree to continue them through the expiration date of each such contract. All documentation for the assumption shall be completed prior to the Closing Date and must be approved by the USDA or applicable government agency prior to Closing.Any applicable program payments shall be prorated as of Closing. Seller shall deliver to Buyer all documents related to such programs within. (10 days if not filled in) after mutual acceptance. This Agreement is conditioned on Buyer's approval of the program documents. This contingency shall be deemed waived unless Buyer gives notice of disapproval within days (5 days if not filled in) after receipt of the program documents. If Buyer gives timely notice of disapproval, the Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com X 10 X Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 22 L&A Land & Acreage Addendum Rev. 7/19 Page 4 of 4 LAND AND ACREAGE ADDENDUM Continued ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED 4. DOCUMENT REVIEW PERIOD.If this box is checked, Seller shall deliver to Buyer a copy of the following documents within (20 days if not filled in) of mutual acceptance: . If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if not filled in) of receipt of the above documents or the date that the above documents are due, then this document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection of the Property recommends further evaluation of the Property, Buyer shall have an additional (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of additional inspections, the applicable contingency period shall be replaced by the additional period specified above. The time for conducting the additional inspections shall commence on the day after Buyer gives notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of the Agreement. 6. TAX DESIGNATION. a. Classification of Property.Seller represents that the Property is classified as open space farm and agricultural timberland under Chapter 84.34 RCW. b. Removal from Classification.Buyer shall not file a notice of classification continuance at the time of Closing and the Property shall be removed from its classification. All additional taxes, applicable interest, and penalties assessed by the county assessor when the Property is removed from its classification shall be paid by Seller Buyer both Seller and Buyer in equal shares (Seller if no box is checked). c. Notice of Classification Continuance.In order to retain this classification, Buyer shall execute a notice of classification continuance at or before the time of Closing. Seller and Buyer shall timely complete all documents necessary to continue the classification. The notice of classification continuance shall be attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a notice of classification continuance, the county assessor must reassess the Property's taxable value and retroactively impose additional taxes, applicable interest, and penalties, which Buyer shall pay. 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 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com X Abel Salazar DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 22EF Evidence of Funds Addendum Rev. 7/19 Page 1 of 1 EVIDENCE OF FUNDS ADDENDUM ©Copyright 2019 Northwest Multiple Listing Service ALL RIGHTS RESERVED TO PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated between ("Buyer") Buyer Buyer and ("Seller") Seller Seller concerning (the "Property"). Address City State Zip 1. DEFINITIONS. a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has sufficient cash or cash equivalent in United States funds. b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 22B or equivalent), or pending sale of Buyer's property (NWMLS Form 22Q or equivalent). c. “Contingent Funds” means funds that Buyer does not currently have, but expects to receive from another source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of other property or stock, retirement funds, foreign funds, a gift, or future earnings. 2. EVIDENCE OF NON-CONTINGENT FUNDS.Buyer is relying on Non-Contingent Funds for payment of the Purchase Price. Buyer shall provide Evidence to Seller of such funds within days (3 days if not filled in)of mutual acceptance.Unless Buyer discloses other sources of funds for the payment of the Purchase Price,Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price.Buyer shall not use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this Addendum, the Earnest Money shall be refunded to Buyer. 3. DISCLOSURE OF CONTINGENT FUNDS. Buyer is relying on Contingent Funds for the Purchase Price: Loan: Sale of the following owned by Buyer: Gift of $ from Funds not readily convertible to liquid United States funds (describe): Other (describe): Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is provided. Buyer shall provide Seller with additional information about such funds as may be reasonably requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest Money shall be refunded to Buyer. If Buyer disclosed that Buyer is obtaining a loan,Seller shall permit an appraisal of the Property and inspections required by lender,including but not limited to structural,pest,heating,plumbing,roof,electrical,septic,and well inspections. Seller is not obligated to pay for such inspections unless otherwise agreed. 4. BUYER DEFAULT.If Buyer fails to timely close because the Contingent Funds identified in Section 3 are not available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the Agreement. 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 39 40 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com October 17, 2019 Abel Salazar, Alicia Vera de Salazar City of Pasco NKA Heritage Blvd, Pasco, Wa 99301 X 10 New Century Realty, 124 W. Kennewick Ave. Suite 6 Kennewick WA 99336 509.302.0421 509.783.9107 Abel Salazar Patricia Sanchez DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019 Form 22T Title Contingency Addendum Rev. 7/15 Page 1 of 1 © Copyright 2015 Northwest Multiple Listing Service ALL RIGHTS RESERVED TITLE CONTINGENCY ADDENDUM TO PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale agreement dated between ("Buyer") Buyer Buyer and ("Seller") Seller Seller concerning ("the Property"). Address City State Zip 1. Title Contingency.This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, together with any easements, covenants, conditions and restrictions of record. Buyer shall have days (5 days if not filled in) from the date of Buyer's receipt of the preliminary commitment for title insurance; or mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's disapproval of exceptions contained in the preliminary commitment. Seller shall have days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all disapproved exceptions. If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, Buyer shall be deemed to have waived all objections to title, which Seller did not agree to clear. 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, then the above time periods and procedures for notice, correction, and termination for those new exceptions shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as necessary to accommodate the foregoing times for notices. 3. Marketable Title.This Addendum does not relieve Seller of the obligation to provide marketable title at Closing as provided for in the Agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com October 17, 2019 Abel Salazar, Alicia Vera de Salazar City of Pasco NKA Heritage Blvd, Pasco, Wa 99301 7 X New Century Realty, 124 W. Kennewick Ave. Suite 6 Kennewick WA 99336 509.302.0421 509.783.9107 Abel Salazar Patricia Sanchez DocuSign Envelope ID: D2AF4F65-F9EC-4C21-A55E-C60FB57047D6 10/17/19 10/17/19 DocuSign Envelope ID: C262A0B5-9A85-4958-A39B-2A4545C94717 10/31/2019