Purchase and Sale Agreement - Musser Bros. Auctioneers

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4) Except for such rights of PURCHASER as result from SELLER’S explicit representations or contractual obligations hereunder, from and after the closing, PURCHASER hereby assumes all risks associated with ownership of the property and any defects that may be located thereon or associated therewith of any type or nature whatsoever, and PURCHASER shall be solely responsible for and shall indemnify, protect, defend and hold SELLER harmless from, all costs (including attorneys’ fees and court costs), expenses and all other claims, demands, costs, expenses, causes of action or other matters incurred in or associated with such ownership and with the presence, removal or repair of any such defect; provided, however, the indemnity of PURCHASER as set forth in this Section shall not extend to any third party claims brought directly against SELLER as a result of an event which occurred prior to the closing date. 17) PROPERTY CONDITION DISCLOSURE REPORT: Purchaser acknowledges receipt of a disclosure statement prepared pursuant to RCW 64.06. Purchaser is advised to use due diligence to inspect the property to Purchaser’s satisfaction, as Seller may not know or have reason to know of defects that careful inspection might reveal. The parties agree that Purchaser will not have a remedy for economic loss resulting from negligent errors, inaccuracies, or omissions. Purchaser assumes the risk of economic loss that may result from Seller’s negligent misrepresentations. Purchaser acknowledges that home protection plans may be available which may provide additional protection and benefit to Purchaser. Purchaser’s Initials: _____________ Seller’s Initials: ____________ 18) CASUALTY LOSS: If, prior to closing, the property is destroyed or materially damaged by any means, Buyer may elect to terminate this Agreement and the earnest money shall be refunded to Buyer. 19) FIXTURES, IMPROVEMENTS: All attached appliances, attached floor coverings, attached television antenna, window screens, screen doors, storm windows, storm doors, plumbing and lighting fixtures (except floor, standing, and swag lamps), shades and venetian blinds, curtain rods, attached bathroom fixtures, trees, plants, shrubbery, water heating apparatus and fixtures, awnings, ventilating, cooling and heating systems including built in and "drop in" ranges and all other fixtures that are now on the premises shall be included in the sale. 20) OPEN SPACE DESIGNATION: If the property, or any portion, is designated open space and if purchaser removes the property from open space, purchaser shall be responsible for all look back taxes. Real Estate Purchase and Sale Agreement Page 6 of 8
21) ENTIRE AGREEMENT: This document constitutes the entire agreement of the parties. There are no verbal or other agreements which modify or alter this agreement. Buyer and Seller further agree that they have read and understand all of the contents of this Real Estate Purchase and Sale-Agreement and Commitment for Title Insurance which has been made available for Buyer review. 22) CORRECTION OF LEGAL DESCRIPTION: SELLER and PURCHASER hereby authorize the Closing Agent to insert in over their signatures the correct legal description of the property, if such legal description is unavailable at the time of signing this Earnest Money Agreement and further authorize the Closing Agent to correct the legal description if said legal description is erroneous or incomplete. 23) SURVIVES CLOSING: All terms of this Agreement which are not satisfied or waived prior to closing shall survive closing. These terms shall include, but not be limited to, representations and warranties, attorney fees and costs, disclaimers, repairs, rents and utilities, etc. 24) OFFER TO PURCHASE: Buyer offers to purchase the property on the above terms and conditions. Seller shall have until 10:00 p.m. on June, 29 2009 to accept this offer, unless sooner withdrawn. Acceptance by Seller shall not be effective until a signed copy hereof is actually received by or at the office of the Selling Broker. If this offer is not so accepted, it shall lapse and the earnest money shall be refunded to Buyer. BUYER: _______________________________________ _______________________________________ 25) ACCEPTANCE: On this date, _____________, 2009 Seller agrees to sell the property on the terms and conditions set forth in this Agreement and further agree to pay a commission according to the terms of the listing agreement. Seller assigns to Broker a portion of the sale proceeds equal to the commission, and irrevocably authorizes and instructs the closing agent to disburse the commission directly to Broker at closing. Seller acknowledges receipt of a copy of this Agreement signed by both parties. SELLER: Dorothy Latendresse _______________________________________ Real Estate Purchase and Sale Agreement Page 7 of 8
Page 1 and 2: REAL ESTATE PURCHASE AND SALE AGREE
Page 3 and 4: 8) ASSIGNMENT: Buyer's rights under
Page 5: 2) That except as specifically set

Purchase and Sale Agreement - Musser Bros. Auctioneers

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