PDS-PSA - 3N903 Ralph Waldo Emerson Ln
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REACT/CATS Profit Sharing Property Data Sheet<br />
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Member: D.J. Johnson<br />
Member Entity: Date: 9/15/2016 20:27:22<br />
Member Contact Number: 708-505-2342<br />
Owner’s Full Name: Dan Cretsinger<br />
Email Address: dejohn7998@gmail.com<br />
Owner’s Email: dan@itassocinc.com<br />
Source of Lead: FSBO Site<br />
Cell Phone: 630-217-6864<br />
Lead called by: Heather Brenton<br />
Evening Phone:<br />
Property Address: <strong>3N903</strong> <strong>Ralph</strong> <strong>Waldo</strong> <strong>Emerson</strong> <strong>Ln</strong><br />
City/State/Zip: Saint Charles / Il / 60175<br />
✭Asking Price: 710000<br />
County: Kane<br />
Area of town: Fox Mill<br />
✭ Sellers Estimated Value: 710000<br />
✭ Market Rent Amount: 5000<br />
✭ Is the house listed? No (If Yes…STOP)<br />
Member Comps:<br />
Bed/Bath: 4/3 Square Feet: 5500 Lot Size: .5 acres<br />
Price arrived from? fair asking price<br />
Construction: Frame Garage: 3 Car Basement: Finished<br />
When do you want to move? no hurry<br />
Waterfront? None Pool? In Ground Year Built 2003<br />
Reason for selling? downsizing they are retiring Refrigerator: Yes Range: Yes Dishwasher: Yes<br />
How long have you been trying to sell? 1 day Assessments:<br />
Does it need repairs? No//<br />
Is the house vacant: Owner Occupied House or a Condo?<br />
Single Family<br />
Association fee: 1000-1200? Mobile/Modular Home: Mobile in<br />
Park<br />
Script To Get Information To Submit To Acquisitionist<br />
Member Making The Call<br />
Hello, I am calling about your home for sale at . I am not a Realtor, I am looking to buy. Is this a<br />
good time to talk?”<br />
YES Great! I have some information about the home, but can you give me some more?<br />
Build some rapport with seller and finish with: “OK great, the home sounds like something I may be<br />
interested in. Let me think about this and get back to you. I am sure I will have further questions.”<br />
NO The property has sold/is under contract. “Oh that is awesome. Has it actually closed?” If yes,<br />
“Congratulations”. If No, “I would like to possibly be your back up buyer. May I ask, when is it scheduled to<br />
close? Can I follow up with you in case it does not close?”<br />
STOP HERE AND submit through submitpds.com The Acquisitionsts will take over and get you set up<br />
with a purchase price with the Seller. You will have to create the Master Agreement and make the appointment<br />
to go to the property to meet Seller and get it signed. The Acquisitionist will have the notes in Realeflow for you<br />
to review.<br />
Keep in mind “The Less You Say, The Better”. Let the seller talk and you fill in the blanks above as much as<br />
possible.<br />
Some of this info you may get from the Seller’s ad or when you talk to them.<br />
Acquisitionist Notes:<br />
Agreed upon Price:<br />
Member Notified:<br />
Closing on or about Date:<br />
Notes Put in Realeflow:<br />
Notes: Dan was ok to speak to. He did make sure to point out they were not in any rush to sell, they listed it because they<br />
heard there are less homes for sale in the fall. there are 5 full baths.
PROFIT SHARING AGREEMENT<br />
<strong>3N903</strong> <strong>Ralph</strong> <strong>Waldo</strong> <strong>Emerson</strong> <strong>Ln</strong> Saint Charles, IL 60175<br />
THIS PROFIT SHARING AGREEMENT is made and entered into this 9/15/2016 20:27:22 between the following parties:<br />
(1) D.J. Johnson (“CLIENT”) ,<br />
(2) USA Marketing & Development, LLC (“PARTNER”) by and through its Manager/Member, Jon Iannotti.<br />
WHEREAS: It is the intention of the parties to this agreement to establish a Profit Sharing arrangement for the purpose<br />
of furthering their common and separate interests and accordingly each party recognizes the contributions, efforts,<br />
responsibilities and duties made to each other.<br />
NOW THEREFORE, for good and valuable consideration, CLIENT and PARTNER hereby enter into this Profit Sharing<br />
Agreement for the purposes set forth herein and represent, warrant and agree as follows:<br />
1. TERM: The term of this Profit Sharing Agreement shall commence on the date hereof and shall continue until<br />
terminated as provided herein. This agreement shall extend to any renewals, extensions or amendments of the<br />
Agreement, and any new or parallel contracts, or third party assignments relating to, or arising from or in connection<br />
with any transactions.<br />
2. CONDITIONS: PARTNER and CLIENT shall execute a NonDisclosure/NonCircumvention Agreement, which is<br />
incorporated herein by reference as is fully set forth herein. WHEREAS, CLIENT and PARTNER intend to provide each<br />
other with suitable contacts who may participate as sellers, or providers in one or more transactions, which involve<br />
agreement to buy real estate, in which transactions each party may, directly, or through any one or more of its officers<br />
or agents will provide, disclose or introduce to the other party, the names and addresses of individuals or entities who<br />
may participate directly or indirectly in a transaction as funders, investors, agents, sellers, purchasers, brokers,<br />
lenders or customers, and others, all of whom shall be referred to as “Contacts”; and<br />
WHEREAS, PARTNER and CLIENT desire to formalize their agreement to cooperate in the introduction by the parties of<br />
suitable Contacts for one or more transactions.<br />
3. PROFITS: CLIENT and PARTNER understand and agree that this Joint Venture Agreement shall encompass the<br />
funds generated by the execution of the contract . The parties agree these profits shall be shared by virtue of this<br />
Agreement. PARTNER shall receive fifty percent (50%) of this profit share, and CLIENT shall receive fifty percent (50%)<br />
of this profit share. Bank fees and commissions shall be deducted from profits prior to any split between the parties. It<br />
is further understood that any profits derived from agreements CLIENT may have with any CONTACTS will also fall<br />
under the above profit sharing splits. Client will receive fifty percent (50%) of said profits and PARTNER will receive<br />
fifty percent (50%) of said profits.<br />
4. SIGNATURES: This Agreement shall become valid upon the signing of each party to this Profit Sharing Agreement.<br />
5. ASSIGNS: The terms and conditions of this Profit Sharing Agreement shall be binding and shall inure to the benefit<br />
of the parties hereto, their respective heirs, assigns, legal representatives and successors.<br />
6. TERMINATION: This Profit Sharing Agreement shall terminate upon:<br />
(a) the conclusion of any agreement to purchase sale that the CLIENT provided the contact doing said transaction, or<br />
(b) the inability of any party to perform, or<br />
(c) the introduction of any legislation that would prohibit this type of transaction, or<br />
(e) misrepresentation by any party relative to its’ ability to perform pursuant to this Profit Sharing Agreement.<br />
7. DAMAGES: This shall be a nonrecourse agreement except for the obligation of the parties set forth herein. Neither<br />
party shall contact or solicit any party hereto or any party related to this transaction without express prior written<br />
consent of the other party. Any effort to do so shall entitle the other party to any and all damages established by such<br />
unauthorized contacts.<br />
8. ARBITRATION: All disputes arising between the parties as to the interpretation or performance of the Agreement<br />
shall be settled in accordance with Commercial Arbitration Rules of the applicable Arbitration Association by one or<br />
more arbitrators appointed in accordance with those rules and of the United States Court of Jurisdiction. In addition to<br />
fees and costs, including travel, lodging and other related costs shall be paid. The award of any such arbitration shall<br />
be final and binding on both parties hereto.
9. CONFIDENTIALLY AND NONCIRCUMVENTION: The parties agree that they will not under any circumstances make<br />
any form of contact or communication directly or indirectly with any other parties bank or with any bank officers,<br />
collateral providers, traders or securities houses connected with this document without the express prior written<br />
consent of the other party.<br />
The ICC 500/600 latest editions/revisions rules as to<br />
NonCircumvention and NonDisclosure are hereby adopted and shall apply to this Joint Venture.<br />
10. FACSIMILE: Each party may sign and initial this Agreement and send copies to the other party via facsimile. When<br />
each party has completed copies of these FAX transmissions from the other party, the Agreement will then be<br />
considered to have been finalized by all parties. FAX copies of the Agreement shall be considered originals.<br />
IN WITNESS WHEREOF, the parties have caused this Profit Sharing Agreement is executed by the parties respective<br />
officers duly authorized.<br />
_________________________________<br />
D.J. Johnson<br />
Date: 9/15/2016<br />
_______________________________________<br />
Date: 9/15/2016
NONDISCLOSURE AND CONFIDENTIALITY AGREEMENT<br />
This NonDisclosure and Confidentiality Agreement, to be referred to as “Agreement”, is executed as<br />
{{Date2}}, by and between USA Marketing & Development, LLC (hereinafter referred to as “PARTNER”) and<br />
__D.J. Johnson__(hereinafter referred to as “CLIENT”), with respect to the following circumstances.<br />
WHEREAS, CLIENT and PARTNER intend to provide each other with suitable contacts who may participate<br />
as sellers, or providers in one or more transactions, which involve real estate transactions to buy. In which<br />
transactions each party may, directly, or through any one or more of its officers or agents will provide,<br />
disclose or introduce to the other party, the names and addresses of individuals or entities who may<br />
participate directly or indirectly in a transaction as funders, investors, agents, sellers, purchasers, brokers,<br />
lenders or customers, and others, all of whom shall be referred to as “Contacts”; and<br />
WHEREAS, PARTNER and CLIENT desire to formalize their agreement to cooperate in the introduction by<br />
the parties of suitable Contacts for one or more transactions.<br />
NOW THEREFORE, in consideration of the provisions herein contained, which is hereby acknowledged, the<br />
Parties hereto agree as follows:<br />
1. Introduction: The Parties agree to use their best efforts to assist one another in one or more transactions<br />
through the written provision, disclosure and introduction to the other Party directly or through any one or<br />
more of their officers or agents, of a suitable Contact, or other source for the transaction and the Parties<br />
acknowledge that the identity of any Contact is the proprietary information of the other. The introduction of<br />
any Contact by one Party to the other must be done in writing, delivered personally, via email, or by<br />
facsimile machine, and will be assumed to be effective, if not objected by the other Party, as being already<br />
its formal contact and already involved in business. The written notice, if applicable, must be sent within 48<br />
(fortyeight) hours, delivered personally, via email or by facsimile machine, explaining the reasons for the<br />
contesting. Contacts shall be protected for a period of 5 years from the date of the original transaction.<br />
Contact protection expires if a transaction is not completed within 2 years of notification.<br />
2. NonCircumvention: PARTNER and CLIENT agree to deal exclusively through each other with any<br />
Contact, which either party may disclose or introduce to the other party, in writing, and further agrees not to,<br />
or to attempt to, circumvent or bypass each other, directly or indirectly, in connection with any matter<br />
related to the participation of a Contact in a transaction to avoid the payment of fees or commissions, which<br />
might be due the other party from any Contact or to otherwise unilaterally benefit (either financially or<br />
otherwise) from the introduction of, or the association with a Contact. Such an obligation shall extend to<br />
any renewals, extensions or amendments of the Agreement, and any new or parallel contracts, or third party<br />
assignments relating to, or arising from or in connection with any transactions. In the event of<br />
circumvention directly or indirectly, the circumvented party shall be entitled to an award equal to fees it<br />
would have earned from the transaction, plus any costs and attorney fees incurred in securing such an<br />
award.<br />
3. Confidentiality: PARTNER and CLIENT, for themselves and their officers, agents or other<br />
representatives, agree to the following:<br />
a) To keep confidential matters pertinent to their business transactions, and that neither of them nor<br />
the officers, attorneys or agents, or other representatives shall without the prior written consent of<br />
either PARTNER and CLIENT, disclose or otherwise reveal to any third party, in any manner<br />
whatsoever, in whole, or in part, any information provided to them and identified as being<br />
confidential regarding the identity, including but not limited to the names, addresses, telephone and<br />
facsimile machine numbers, or any other information, of a Contact, or other sources introduced by<br />
either one of them to the other in connection with a transaction or business, and the role of such<br />
Contact or source in such transaction.<br />
b) That information or data will not be used by PARTNER or CLIENT including its officers, attorneys or<br />
agents, or other representatives, directly or indirectly for any other purpose except those related to
the business or transactions covered by this Agreement to other parties but through protocols<br />
agreed upon by PARTNER and CLIENT, and the parties further agree to transmit the information<br />
regarding the identity of any contact only to those officers, attorneys or agents, or representatives of<br />
PARTNER and CLIENT who need to know such information for the purposes of consummating a<br />
transaction or business, whom are informed by PARTNER and CLIENT of the confidential nature of<br />
such information, and who agree to be bound by the terms of this Agreement. PARTNER and CLIENT<br />
will be responsible for any breach of this Agreement by its officer, agents, or representatives.<br />
c) That their Contacts shall agree not to circumvent or disclose the same information.<br />
4. Relationship of Parties: The relationship between PARTNER and CLIENT shall be that of joint venture<br />
partners as to this one specific transaction and as to no other or further business dealings. Neither party<br />
shall have the authority to bind the other without the other party’s prior written consent.<br />
5. Assignment: The clauses set forth in this Agreement are prescribed to each of the parties hereto. The<br />
parties may not assign or delegate their rights or obligations herein without<br />
first obtaining the written consent of the other parties hereto. All parties to this agreement hereby agree to<br />
accept signed copy document, as well as any and all signed notices, requests, comments etc., by facsimile<br />
transmission, as if it were an original.<br />
6. Amendments: This agreement may be amended only by written consent by all parties hereto.<br />
7. Consent To Be Bound By Electronic Communications: The parties consent and agree to be bound<br />
contractually by electronic communications relative to the matters addressed in this Agreement. By<br />
executing this Agreement both parties acknowledge that they have the hardware and software required to<br />
receive and transmit communications (emails and email attachments) electronically to each other in<br />
generallyacceptable business formats (such as, but not limited to, Microsoft Excel/PowerPoint). Both<br />
parties specifically agree to do business with each other electronically.<br />
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS Agreement to be duly executed as of<br />
the day first above written.<br />
D.J. Johnson<br />
DATE: {{Date2}}<br />
DATE:{{Date2}}