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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}}

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