COVENANTS AND AGREEMENTS OF AGREEMENT FOR SALE OF REAL ESTATE |
1. TAXES which accrue during the year of purchase by "BUYER" shall be prorated as of the date of execution of this Agreement. Thereafter, BUYER shall pay for all subsequent taxes and all assessments levied subsequent to date of this Agreement. |
2. "BUYER" shall have no right to cut or harvest any trees from the property excepting for his personal use until such time as the property is paid in full. No trees over 4" in diameter can be harvested. |
3a. BUYER shall construct no buildings upon the property that do not conform to applicable Building Codes of Siskiyou County, California. |
3b. BUYER will not be allowed to move on to the property until a LEGAL and PROPER septic system is installed. |
4. BUYER will allow no public nuisances to be created upon the property and will not allow the property to become unsightly. |
5. IT IS understood and agreed between said parties that time is of the essence of this Agreement, and in case the BUYER(S) shall fail to make the
payments as required on page 1, or any of them, punctually within ten (10) days of the time limited therefor or fail to keep any agreement herein
contained, then the SELLER at SELLER'S option shall have the following rights:
(1) To declare this agreement canceled for default and null and void, and to declare the purchaser's rights forfeited and debt extinguished, and to retain sums previously paid hereunder by the BUYER(S). (2) To declare the whole unpaid principal balance of said purchase price with the interest thereon at once due and payable. (3) To withdraw said deed and other documents from escrow, and/or; (4) To foreclose this agreement by suit in equity. |
6. IN CASE suit or action is instituted to foreclosure this agreement or to enforce any provisions thereof, the losing party in said suit or action agrees to pay such sum as the trial court may adjudge reasonable as attorney's fees to be allowed the prevailing party in said suit or action and if an appeal is taken from any judgement or decree of the trial court, the losing party further promises to pay such sum as the appellate court shall adjudge reasonable as the prevailing party's attorney's fees on such appeal. |
7. SELLER, 10 (Ten) months from the date of this Agreement, at the time and in the manner described, agrees, at BUYER'S expense, to deliver a policy of title insurance. Some parcels MAY NOT HAVE, NOR CONTAIN mineral rights, however, SELLER will transfer all mineral rights, IF ANY, upon full and final payment of AGREEMENT. SELLER Guarantees FREE AND CLEAR TITLE. |
8. AT BUYER'S request, SELLER will issue to BUYER, his heirs and assigns, 10 (Ten) months subsequent to the date of this Agreement, a Grant Deed secured by a Note and Deed of Trust to the subsequent property, provided that BUYER has adhered to ALL of the terms and conditions of this Agreement, and all payments have been timely, and account is current. |
9. A LATE CHARGE of ten percent (10%) of gross monthly payment, but not less than Five Dollars ($5.00), will be charged for any payment RECEIVED ten (10) days after the date as set forth on Page 1 of this Agreement. |
10. BUYER agrees to pay one-half (1/2) monthly collection fee on each installment. The fee as of the date of this Agreement is Six Dollars ($6.00). BUYER will pay Three Dollars ($3.00) as his portion. This fee may be subject to minimum increase during the term of this agreement.SELLER will notify BUYER in writing prior to increase, if any. |
11. SELLER will allow bearer a one year exchange on any parcel of comparable price. BUYER may upgrade at any time during the term of this Agreement. |
12. BUYER agrees upon issue of Deed and Note to sign Estoppel Deed in Lieu of Foreclosure with a 90-day grace period attended by SELLER. |
13. DISCOUNT: a discount of ten percent (10%) off the principal balance is offered to buyer for a cash out of principal balance at any time. |
14. PREPAYMENT PENALTY: There is NO penalty for early pay-off. BUYER can make greater installments and avoid some of the INTEREST charges. |
15. SELLER shall have the right to assign this Agreement. |
17. THIS LOT is sold as is, SELLER makes no representation as to the value, if any. |
18. SELLER will subordinate loan if requested by BUYER(S). |
I/WE UNDERSTAND AND AGREE TO THE ITEMS AS DESIGNATED ABOVE (COVENANTS #2, 3a, 3b, 4 and 8) ARE ENFORCED BY THE COUNTY, AND WILL NOT BE VIOLATED.
I/WE HAVE READ ALL THE ABOVE CONDITIONS, AND UNDERSTAND AND ACCEPT THEM AS PART OF THIS SALES AGREEMENT.
BY:_________________________ BY:_________________________