HomeMy WebLinkAbout200708150280
When recorded return to:
Escrow No.:
LAND TITLE CO 200108150280
Oe..d Reo Fae; S 41.00 Pa~.:
0811617-007 03:~5 PM C Auditor
\~~im imI~~ \l~(\mjf~l \UI\\ 111\ U\ 1\\1\ \\lll1lm 1\\1 lm\ \111 \In
j or 2
Pyong D. An and Soon H. An
721493rd Ave.
Lakewood, W A 98498
STATUTORY WARRANTY DEED
E-218955CA
THE GRANTOR(S)
City of Bremerton, a Washington Municipal Corporation
Pyong D. An and Soon H. An, husband and wife
the following described real estate, situated in the Count
LEGAL DESCRIPTION ATTACHED HERETO AS
Abbreviated Legal: (Required if full legal not inserted abO'le)
PIn NW, NE, 21-24-1 E and PIn Lots 1, 22 and 23, Fern 0
89
Tax Parcel Number(s): 3745-000-001-0003
SUBJECT TO: Special Exceptions 1 thr
Preliminary Title Commitment No. E.218955
10 as shown in Land Title Company
Dated:
0B1151200/y"
Clerk's Injtial~_______
LPg 10-05
..
~
EXHIBIT "A"
PARCEL I:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 21,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON AND OF
LOT(S) 23, FERNWOOD, ACCORDING TO THE PLAT RECORDED IN VOLUME 4 OF PLATS,
PAGE(S) 89, IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SAID S CTION 21,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTH BOUNDARY OF ARSENAL WAY AS DE
AN EASEMENT FOR STREET, ROADWAY AND SIDEWALK PURPOSES, GRANTED
UNITED STATES OF AMERICA TO CITY OF BREMERTON DECEMBER 28,1945, ICH P
SOUTH 703.39 FEET AND WEST 444.06 FEET FROM THE NORTHEAST CORNE F S
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTO ;
ALONG THE NORTH BOUNDARY OF ARSENAL WAY NORTH 69'27'20" 45.97 FEE'
THENCE NORTH 66OJ1'20" WEST 688.27 FEET TO THE TRUE POINT 0 I, WHIC
POINT IS ALSO THE TRUE POINT OF BEGINNING FOR THE DESCRIPTI OF PA C L NO.
ACQUIRED BY UNITED STATES OF AMERICA IN CONDEMNATION PRO D RE IN T E UNITED
STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WA NON, THERN
DIVISION, CIVIL NO. 339; THENCE NORTH 23048'40" EAST 200.45 FEE , T NORTH
66"08'1S" WEST 95.98 FEET TO THE SOUTHEASTERLY MARGIN OE EAR T ,STREET
DEDICATED TO PUBLIC USE AS DESCRIBED BY A DEED G U TED A S OF
AMERICA TO THE CITY OF BREMERTON, MARCH 21, 1958 AND CORDED N VOLU 667 OF
DEEDS, PAGE 614; THENCE SOUTHWESTERLY, A DISTAN OF 160 FEET, ALONG
SOUTHERLY MARGIN OF SEARLE STREET TO THE IN EC F S E STREET AND
SAID ARSENAL WAY; THENCE SOUTHEASTERLY N HE N T S RLY MARGIN OF
SAID ARSENAL WAY SOUTH 40'26'20" EAST, A ANCE OF 9 12 T; THENCE SOUTH
60046'9" EAST 34.42 FEET TO THE TRUE POINT OF B GINNING.
PARCEL II:
THAT PORTION OF LOT(S) 1, FERNWOOD, ACCORD RECORDED IN VOLUME 4
OF PLATS, PAGE(S) 89, IN THE NORTHEAST QUA R OF E NORTHEAST QUARTER,
SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST. W.M.. I KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NO UNDARY OF ARSENAL WAY, AS DESCRIBED IN
AN EASEMENT FOR STREET, ROADWAY EWALK PURPOSES, GRANTED BY UNITED
STATES OF AMERICA TO CITY OF BREMERTO E BER 28,1945, WHICH POINT IS SOUTH
703.39 FEET AND WEST 444.06 FEET FEAST CORNER OF SAID SECTION 21;
THENCE ALONG THE NORTH BOUN F SEN WAY NORTH 69'27'20" WEST 245.97
FEET; THENCE NORTH 66"11'20" W 68~E WHICH POINT IS THE TRUE POINT OF
BEGINNING FOR THE DESCRIPTIO P CE ,ACQUIRED BY THE UNITED STATES OF
AMERICA IN CONDEMNAT)t>>,j PR D I UNITED STATES DISTRICT COURT FOR
WESTERN DISTRICT OF WAsAI ON, N DIVISION, CIVIL NO. 339; THENCE NORTH
23048'40" EAST 200.45 FEET; TH C OR 6 8'50" WEST 95.98 FEET TO SOUTHEASTERLY
MARGIN OF SEARLE STREET, A T DICATED TO PUBLIC USE AS DESCRIBED BY DEED
GRANTED BY THE UNITED AT SO ICAJO CITY OF BREMERTON, MARCH 21,1958,
VOLUME 667 OF DEEDS, E 614, UE POINT OF BEGINNING; THENCE NORTHERLY
ALONG SEARLE STREET 1 0 FEET; T ENCE SOUTH 66 "08'SO" EAST 170 FEET; THENCE
SOUTHERLY TO ~OINT TH 66"0 'S "EAST 170 FEET FROM THE POINT OF BEGINNING;
THENCE NORT ~~' 0" S 0 TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT RTI N,A YI ITHIN STATE HIGHWAY 3.
PARCEL III:
THAT PO T I.:: SAND 23, FERNWOOD, ACCORDING TO THE PLAT RECORDED IN
VOLUME 0 LATS, G ) 89, IN THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER, TI 21, T SHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTO ,0 D AS FOLLOWS:
COMMEN ON THE NORTH BOUNDARY OF ARSENAL WAY AS DESCRIBED IN
AN EA S EET, ROADWAY AND SIDEWALK PURPOSES, GRANTED BY THE
UNITE MERICA TO CITY OF BREMERTON DECEMBER 28, 1945, WHICH POINT IS
SOUT 3.39 FE ND WEST 444.06 FEET FROM THE NORTHEAST CORNER OF SECTION 21,
TOWN H 24 NO T , RANGE 1 EAST, W.M.. IN KITSAP COUNTY, WASHINGTON; THENCE
ALONG DARY OF ARSENAL WAY NORTH 69'27'20" WEST 245.97 FEET; THENCE
R 6 ' .. EST 588.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE
1'20. WEST 100 FEET; THENCE NORTH 23048'40. EAST 200.45 FEET; THENCE
UTH 3J "EAST 100 FEET, MORE OR LESS, TO A POINT NORTH 23"48'40" EAST 200
ET, MOR R LESS, FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 23048'40"
200 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
LAND TITLE CO 200708150280
Deed Rec Fee: $ 41.00
08/15/2007 03,15 PM Page, 2 or 2
Karen Flynn, Ki hap Co Rudl tor
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,/
LAND TITLE ESCROW
9657 Levin Road NW, #110, Silverdale, WA 98383
Phone: (360)692-4033 Fax: (360)692-8669
SELLER'S FINAL SETTLEMENT STATEMENT
I
Date: August 16, 2007
Settlement Date: August 16, 2007 Escrow No.: E-218955
Buyer: Pyong D. An and Soon H. An, husband and Escrow Officer: Cathie Ames
wife
Seller: . City of Bremerton, a Washington Municipal
Corporation
Property: 4846 Auto Center Way
Bremerton, WA 98312
DEBIT
CREDIT
Financial Consideration
Total Consideration
500,100.00
Commissions
Listing Broker's Commission to Reid Real Estate @ % =
13,752.75
Selling Broker's Commission to Global R.E. Express @ % =
13,752.75
27,505.50
Escrow Charges
Settlement or Closing Fee
Title Charges
Title Insurance
Recon Fee/ACS/Land Title
Sales Tax/Owners Premium
Sales Tax/Escrow Fee
Recording Charges
Lease Term.
550.00
1 ,435.00
123.41
47.30
82.00
Other Debits/Credits
WATER & SEWER
5117400
397.23
Subtotals
Balance Due TO Seller
TOTALS
30,140.44
469,959.56
500,100.00
500,100.00
500,100.00
(E-218955.PFD/E-218955/56)
08/13/2007 13:14
13504735850
KCCHA
PAGE 03/03
REID
DEAL ESfAm
.
Reid Reallstate Commercillll, 1m;.
9564 Silve.rdale way, Suite 100
$ilverVlilla, WA 98383
Phone: (360) 692"~OOO
F'X:(360)692-p3a3
f1eo!:ll"lgnt1g(lg-~OO6 ~./
Clll'l'lm$l'c:lll Brokerll AS!IOCIIlt1on tJiIl[
^Il Fllghli ReIleNec;l
CBA Form P5A
NWMLS Form No. 34
AdclllodumlAmllndl'l'1.nt t(j P & S
Rev, 12/99
Pllge 1 of 1
ADDENDU~AMENDMENTTO
PU,..CHASE AND SALE AGREEMENT
ceA Texl CIr.lI:/almer: TMl4cleled b)' IJoens" I~~.led by slllke,
New 1e1llln:M1'tM bll llcentH Indlcalfd by small ealll~lllII1.~.
The following is part of the PUrch~UII!I and Sale AgrAl!lment dated Mev 22. 2007,
S&tWeen QlYc 9f Brlllmerton ("SaU.r")
And ~Q.on H. & Pvong D. An ("Buyer")
regarding the sale of the property known ElS: 4846 Auto C$nterWav. Bremertol'\, WA 98310
IT IS AGREEO BETWEEN THE SELLER AND GUYER AS FOl.I.OWS:
There is some ~ellaneous furniture at the Drooertv ;Vhlch Is beina traosfurr&d to the b!Jvsr. No value is Dlaoed on
this Drooertv. There is no CBA Forl)1 No. P$-AS attaohed to this Contract..
Closlna date is extended to be "nQI lat'" then 8/17/07".
AGE.NT (COMPANY):
R7J-"r 1- L.
ALL. OTH~R TERM:) ANO CONDITIONS of said Agreement remelin unoMnglld. ;2
INITIALS: Buyer ~_u.,~. Dal& Sellar C I J
8 (d Cd t-...,Ir? ~ I- C-/f'IB)';
T3cy "
..
Oate_~:- I~;:- (") I
s.uyer
Date
Sellar
Date
Z d 9980H6S89 'oN/59; fl. 'is/OO: G I. LOQZ 8l ~nv (NOW)
INOtij
NWMLS Form 34
Addendum/Amendment to P & S
Rev. 5/96
Page 1 of 1
@Copyright 1996
Northwest Multiple Listing Service
ALL RIGHTS RESERVED
ADDENDUMMMENDMENT TO PURCHASE AND SALE AGREEMENT
The following is part of the Purchase and Sale Agreement dated May 22 2007
between Soon H. & Pyong D. An
and City of Bremerton
concerning 4846 Auto Center Way Bremerton W A 98310
ITIS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS:
Seller agrees to extend the closing date to August 14, 2007.
ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged.
AGE~:) Global R.E. Express
BY:~~~
Initials: BUYER:~-"-
BUYER:_ _
DATE 7%~;
DATE: 7
SELLER:
SELLER:
e/b
("B uyer") 2
("Seller") 3
("the Property") 4
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DATE:~ 44
DA TE: 45
,.'
N\^iMLS h1lrr ~4
CtJA "".lIln c'StA
I',.rchdse & Sdle !\\lreement
R,,, 12/\'19
f),I!Je I of Ij
COMMERCIAL AND INVESTMENT REAL ESTATE
PURCHASE AND SALE AGREEMENT
(~C:OP',"llht 1!J~1!1
Cun.lril81(~li~1 B:ukt:!fS Ao.;S(H: dtl~.
AI: 1~llltllS I~e\allvcrl
This l'J5 t:t~~:!11 ~~rup(lred fur ~'lbm'5SI0n h) yCIH dttl;rney (or review rtnd apprU'vrlf PI!\J( I, Sl011'flg
NiJ : \J~r[-~clltatjO(~ IS nlllde by lIr.ensoe as Ie its G",tfil':1l111CY or la)( <:O'l!,:if.H..luen(:es
ndfe ----MilJ:_ll.-.---2.Qt..l1__
I ht'l,Jn!Jerslgne,1 Buyer. Soon II. & P.xQ!}~ D. A 11 agrees to buy and
':~tlller (It)r8''s to H~I!. ')f'l fl"1P. f()III)W1r1!J ferms, the ('I)mrnercI(11 rral (H;tr-ltf':* ,ll'ci All mrr'1Vflmf"lntq thflrf;'nn (,c',nll"rtivply thp "Prf1prflty.) ,~()fllm()r'ly Irtnnwf1 ~l~
4X-Ifl ''"In ('l'l1tl~r Way In the City 01 Brcmcrton
Lt:iUJi-' County Washington. legally described on attached Exhibit A.
(8uyer and Seller authorize the L:stlng Agent or Selling Licensee to insert and/or correct. over their signatures. fhe legol de5criptlOn or the Property)
1. PURCHASE PRICE. rhe tolal purchase price IS fivt: HlIl1dr~d Thollsand One Ulllldr~d
Dollars 1.$500, I no. 00 ). Including the earnest money. payable as lollows (chock only one) '1
All cash at closing. including the earnest money. with no financing contingency
1./1 All cash at clOSing, InCluding the earnusl money, conllngent on new financing under Secllon 4a below. 11
$ / % of the purchase price In cash at closing. Including the earnest money, with the balance of the purchase 1
price paid as follows (check one or both. as applicable); U Buyer's assumption of any underlying note and deed of trust, or real estate contract. 1,
under Section 4b below; [J Buyer's delivery at closing of a promiSSOry note for the balance of the purchase price, secured by a deed of trust 1:,
encumbering the Property, as described In Secllon 4c below. 14
[J Other:
t ~
tb
2. EARNEST MONEY. Buyer agrees to deliver the earnest money $30,000.00
[1 Cash !lJ Personal check 0 Promissory nole [J Olher:
"the earnest money is in the form of a promissory note, it shall be due no later than:
[J days atter mutual acceptance
l' -.j Upon removal of the inspecllon contingencies in Secllon 5 below.
1-; Other
The earnest money shall be held by [J Selling Licensee 0 Closing Agent
Buyer shall deliver the earnest money no later than:
1-1: 2 days after mutual acceptance.
o Upon removal of the Inspecllon conllngencles In Section 5 below.
o Other:
Selling licensee may. however, transfer the earnest money to Closing Agent.
"the earnesl money Is 10 be held by Selling licensee and Is over 510,000, It shall be deposited to: 1-] Selling Licensee's pooled trust account
(wilh Inlerest paid to the Slate Treasurer) n A separate Interest bearing trust account in Selling licensee's name. The interest, if afly, shall be
credited at closing to Buyer whose Social Security or taxpayer 10 Number Is: " this sale fails to close,
whoever is enlllfed to the earnest money Is enlltled to interest.
Selling licensee shall deposit any check 10 be held by Selling licensee wllhln 3 days after receipt or mutual acceptance, whichever occurs later.
Buyer agrees to pay financing and purchase costs Incurred by Buyer. If all or part of the earnest money Is to be returned to Buyer and any such
costs remain unpaid, Selling licensee or Closing Agent may deduct and pay them therefrom. Unless otherwise provided In this Agreement. the
earnest money shall be applicable to the purchase price and shall be non-refundable except where a condition to Buyer's obligation under this
Agreement Is not sallsfled through no fault of Buyer.
3. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement.
Exhibit A - Legal Description
l J Earnest Money Promissory Note, CBA Form EM
l.__~ Promissory Note, LPB Form No. 28A/CBA Form Nl-A
I I Short Form Deed of Trust, LPB Form No. 20
Deed of Trust Rider. CBA Form aTR
in the form of 17
18
t\l
20
21
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24
25
26
27
28
29
30
31
32
33
34
35
36
'37
38
39
40
41
42
'v'. Utility Charges Addendum, CBA Form UA
FIRPTA Certification. CSA Form 22E
A~sl'Jnment and Assumption, ,:BA Form PS-AS
I' Addendum/Amendment, CBA Form PSA
t- Flad Up Arldenl111m. CtlA Form SUA
! Vnednt i.and AIJdcl1(Jum. CBA fCarm 'JLA
:J Other.\ddcnrJ1.IInLl:D
iN:T'AI S fill'flH .____.~-______._ D,Jle
[1.qer --,ff;J.~------ D;llc
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11,liJP. '( ,;1 fl
COMMERCIAL AND INVESTMENT REAL ESTATE
PURCHASE AND SALE AGREEMENT
(CONTINUED)
~ '~')iJYII!Jtll 1')99
~~>,.)mmfHr.lal nr'Jkors ;\s:-;o(::dflc:
^IJ i:;iOhls l~es(~I\,eq
4, FINANCING,
I, AppllcillIlln for New Flnan~ln9. If paymt;nl of the pur~t'iI~t: pri~t: I~ cunti:Jljent on Buyer ottall1lng 11ew fin;Jrlclnq. '''en Buyer s ut,llqa!iol1/c
close ,s cOI'dlt"Jnod Lpon BlIycr acccptlng a wfI!ten commitment tor finanr.:ng Huyer will not reJllct Ihose terms of a ~nrnrT\"rnflf1t "hl<:n prov'rlfl fnr
a IO,l:! ;lf110unl ot at 'east percent (___,~ %) u( tile purdld~t! pi ~e, Inlerest nutlc e.cetld 'u...._'___'u,__,
~ul,'c"'1 /,2 C"o) pur .lnlHlfT1, ~ ~aYl11ef1t sche\Jule calling lor monthly payments amortized o~er not IC5S lnan I ~)
YCJr:; Jlld total placement fees <Ind pOlllls <lot more Ihdn percent (-L "I,) of Ihe luan amoul1t BlIyer sllall :J:akt; immediate
app11t'.atlcn for said COll1nlltlTlent, pay lequ,red costs ,md make a good faith effort to procure such finanCing This Agreement shaillerrt'if'ate and
Buyer shall recei~e a refund of the earnest money unless Buyer gives Seller wfftten notice Ihallhls condition IS satisfied or walvtld on or rflf<lrfl
( ) days (60 days, if not completed) following mutual acceptance of this Agreement
b, Auumptton of Existing Financing. If payment of the purchase price Includes Buyer's assumption of a nole and mortgage or deed of trllst, or C;'
a real estate contract, Seller shad promptly dell~er to Buyer a copy of the underlYing debtlnstrument(s) to be assumed, and Buyer shall be deem, U
ed to have approved all of the terms of the debt instrument(s) unless Buyer gives notice of disapproval within live (5) days after receiving such Instru- (;4
Inent(s) I( any of the debt Inslrument(s) requires the consent of a third party to the assumption by Buyer, then Buyer shall apply for such consent
Within se~en (7) days after receiving the debt Instrument(s). Upon Buyer's request, Seller shall assist Buyer by requestmg the third party's consent ni,
to the assumption on Buyer's behalf. fh.5 Agreemlmt shall terminate and Buyer shall receive a refund 01 the earnest money unless Buyer \lIves 67
Seller wfflten notice within ( ) days (30 days, if not completed) of recel~ing the debllnstrument(s) slating 68
that such consent is available, Buyer shall pay any assumplion fees or other out-ot-pockel expenses attributable to the assumption of the under- 60
lying Indebtedness. 70
c. Seller Financing. If Seller is financing a portion ot the purchase price by promissory note and deed of trust, unless different forms are attach-
ed to this Agreement, Buyer shall execute and submit to the Closing Agent: (i) LPB Form No, 28A Promissory Note and the DUE ON SALE and
COMMERCIAL PROPERTY optional clauses in that form shall apply; (ii) UCC.1 Financing Statement covering the personal property described In
Secllon t4 below; (Iii) LPB Form No, 20 Short Form Deed of Trust; and (Iv) CBA Form No, DTR Deed of Trust Rider, The promissory note shall
bear interest althe rale of % per annum, and shall be payable as follows (chao.. on.): CJ monthly Installments of inlerest only,
[l monthly installments of , LJ equal monthly installments of principal and interest in an amount sufficient to fully amortize
the outstanding principal balance at the slaled interest rate o~er years.
LJ other
Payments shall commence on the first day of the first month after closing and shall continue on the same day of each succeeding month until
(choo.. one): [J months from the date of closing. [] olher
on which date all outstanding principal and interest shall be due. The principal shall, at Seller's option, bear interest at the rale 01
% per annum (18% or the maximum rate allowed by law, whichever Is less, If not filled In) during any period ot Buyer's default,' If Seller receives any
monthly paymenl more than days (15 days if not filled In) after Its due date, then a late payment charge ot
! % of the delinquent arnount (5% of the delinquent amount If not filled In) shall be added to the scheduled payment. Buyer shall have
- days (5 days If not filled in) after written notice to cure a default before Seller may declare all outstanding sums 10 be imme-
diately due and payable,
(Note 10 Buyer and Seller: It the Property Is currently used primarily for agricultural purposes, then a nonjudiCial foreclosurelforfeiture remedy is
available to Seller only by using a real estate conlract and Is not available with a deed of trust.)
d. Section 1031 Like-KInd Exchange. If either Buyer or Seller Inlends for this transaction to be a pert of a Section 1031 Iike.klnd exchange.
then the olher party agrees 10 cooperate In the completion of the like-kind exchange so long as the cooperating party Incurs no addltionalliabllily
in doing so, and so long as any expenses (including attorney's fees and COSIS) Incurred by the cooperating party Ihal are relaled only to the ex-
change.are pard or reimbursed to the cooperating party at or prior to closing.
~.' l
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'5. INSPECTION CONTINGENCY. This Agreemenl shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives written
notice to Seller within 30 days (20 days if not filled In) of mutual acceptance of this Agraement slallng that
Buyer is satisfied, in Buyer's reasonable discretion, concerning all aspects of Ihe Property, including without limitation, Its physical condition; the
presence of or absence of any hazardous substances; the conlracts and leeses affecllng the property; the potential financial performance of the
Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's Intended purpose. If such notice is
timely gl~en. the Inspection contingencies stated In this Secllon 5 shall be deemed to be satisfied,
I. Books, Record., Leases, Agreements. Seller shall make available for inspection by Buyer and Its agents as soon as possible but no later
than ten (10) days after mutual acceptance of this Agreement all documents available to Seller relaling to the ownership. operation, renovation or
de~eloprnenl of the Property, including withoullimilation, statemenls tor real estate taxes, assessments, and utilities, property management
agreements, service contracts, and agreements with profeSSionals or consultants entered into by the Seller or any predecessor In t'lIe to the
Seller; leases ot personal property or fMums, leases or other agreements relatln\lto occupancy of all or a portion of the Property LInd a schedule
of tenanls, rents, and deposlls; plans, specifications, permits, applications, drawings. surveys, studies and maintenance records; and accounting
records and audit reports, Buyer shall determine Within the contingency period stated in the preceding introdUClory paragraph whether It Wishes
an,1ls dble to assume, as of clOSing, all of the foregoing leases, conlracts, and agreements which have terrns extendinq beyond clos,ng Bdyer
sto,all be "olely responSible tor obtaining ilny reqUired consents 10 sllch assumption, Seller shall transfer the 1p,<1ses, <;onlracls and agrEelT'ents ,]5
pwvldeJ ,n Section t 7 of this ,t.,qreement
b, Access, Seller shall pCfrtlit Ruyer ilnd Its aqerts, at Allyer's sole expense and risk, to e~ter the Property at leasonable times after If'!lal
not,.;!! I'~ tenants, to conductlnspeCllons conr:nrnng Ihe Property and Improvements, Inc!uJ'ny without lim,tation, Ihe struclural cOlCdltlon of
Improvements, ,fJazdfdolJs malerlals (1"'rHled to a Phase I audit only), pest infestation, so:l cooditions, sensitive areas, wetlands, or <jlher ITlJlfers
Jffl"ctng the feaSibility of the Property for Buyer's Intended use, Buyer shall schedule any entry onto the Property With SIllier In advance Buyer
',t~all n,)t perfollTl any Invasive tAsting or contact the tenants without obtaining the Sfliler's priol wfllten c,~nseflt, wh'eh 511illl flot b" ',clfla<;Qf1dtly
wlthlw,d Huyer shJII rr)store the f'rGperty ilnd Improvements to ltle sarne condition they were n pflor to Iflspecllon buyer agrees lu :r',lf!l1lrll~i
,H:d ddemj Seller from dlll'ens, '.;osts, cl<.illns, ,jfItJ expef'ses, 11li:luJi:lg attorneys' iJnd P. lis' fees, ismg from or lelat,n(l to erllr/,uflto or
Dilte ,~(~ 0 7 ~;cller J ~~-,~ Idle i/zr/41.._,
S'( 2.-J.. /07 L.-----.--{;,lle G, - S;) - () 7
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105
106
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----Sa-___
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114
11 ~
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1:1\1\ f ,;rrn I".: 1 A
!11If,:h,1Se,~ ~~,lifl ^qree~~cr1t
f-.(t1V 12,'Q9
f'di)U J 0' b
COMMERCIAL AND INVESTMENT REAL ESTATE
PURCHASE AND SALE AG-REEMENT
(CONTINUED)
.:i '. ';I'Y"Uhl l'I'i'l
:lnnrller,.j;.ll t31(dl.,Pfl} tlrSIlr:"l~.,
Ai: F-il~)i)!,; 1~~Sf'I\lf;d
i'ls~;e'-IIJn ,;f Ihl' Properly t;y RlIye, illlll rtS ,Igents nllS agreement to Indemnify and ddcnd Seller shari surVive c'oslng Buyel "'d'f ,;;;nl"'110 te, I
enter Ih:: P:'JPE!,ty an,j 1I11ervIllW ter,al1ls In ~CCO'ddnce Wittl ttle fQrego,(1\J telms dllU COlltJllIOIlS dfter lemovalol SiillSfiiCI'ollOf 1/11: 1': ,~e'.'I')"
, or,!II;(leIlCY cnly lor Ihe ~urpose c' re sale, leasing or 10 satiSfy condlllons of finanCing "
$
9.
TITLE INSURANCE
a. Tille Report. Seiler authOrizes lender and 1_lsling !~ljerll. Seil,nlj Licensee or CloSlOg Aljenl. at Seller's e~pol1se, to .1pply fer .Ind (j"'iyer to 1,;
S"yer a "I' sld(1dard .' ~ e~tel1JeJ (sldnJard, If not completed) coverage owner's pollcy'of tllle insurance If an extended coverage /lwnnr's poliCY IS 1:'
specified, Buyer shall pay the Increased costs associated .....ith that pOlicy including the excess premium over that cl1arged for a standard ~ 2~
:nIICY. and the cost~:. any survey required by the lllle insurer The tllIe report shall be Issued by PaL; 2:- *:1,S,dst r ille --~,,- ; ~f~
b. Permlltod Exceptions. Buyer shalll1ot,fy Seller of any objectionable matters In the t,t1e commitment or any supplemental report Within len ITO) ~ 2:
days illler receipt of such commitment or supplement, fhls Agreement shalllermlnate and Buyer shall receive a refund of the earnest money, less : 2f,
any costs ~dv~nceJ or committed for Buyer, unless (i) within ten (10) days of Duyer's nolice of such objections, Seller agrees to remove all ob- 1 ;ori
lectionable provisions, or (Ii) within fifteen (15) days atter Buyer's notice of such objections, Buyer notifies Seller in writing that It waives any obJec 1 ~r)
I,ons which Seller does not agree to remOlle. The closing dale shall be extended to the exlenl necessary 10 permit time for these notices Those 1:l1
provisions not objected 10 or for which Buyer waived its objections shall be referred to collectively as the "Permitted Exceptions" The title policy 132
shall contain no exceptions other than the General Exclusions and Excepllons common to such form of policy and Ihe Permitted Exception$. 133
7. CLOSING OF SALE. This sale shall be cia on or before 07/31/2007 ("Closing") by 134
("Closing Agent'). Buyer and Seller will. immediately on 135
demand, deposit with Closing Agent in ruments and monies required to complete the purchase in accordance with Ihls Agreement, "Closing' 136
shall be deemed to halle occurred when all documents are recorded and the sale proceeds are available to Seller. Time is of the essence In the 137
performance of this Agreement. 13B
8. CLOSING COSTS. Seller shall pay the excise ta)( and premium for Ihe owner's standard coverage titie policy. Seller and Buyer shall each pay 139
one-half of the escrow fees Real and personal property taxes and assessments payable in the year of closing; rents on any s)(isting tenancies; 140
inlerest; mOr1gage resel'\les; utilities; and other operating expenses shall be pro-rated as of closing, Buyer shall pay all costs of financing 141
including the premium for the lender's litie polley Security, cleaning, and any other unearned deposits on tenancies, and remaining mortgage or 142
other resel'\les Shall be assigned to Buyer at closing. The real estate commission is due on closing or upon Seller's default under Ihis Agreement, 143
whichever occurs first, and neilher the amount nor due date thereof can be changed withoul Listlnlj Agent's wlltten consent. 144
a. UnpaId Utility Charge.. Buyer and Seller [.1 WAIVE [l] DO NOT WAIVE lhe right 10 have the Closing Agent disburse clOSing funds 145
necessary to satisfy unpaid utility charges affecting the Property pursuant to RCW 60.80. If "do not waive" is checked, then.allach CBA Form UA 146
("Utillly Charges" Addendum). If neilher box Is checked, then the "do not waive" opllon applies. 147
POST-CLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After closing, Buyer and Seller shall reconcile the actual amount of reve- 148
nues or liabilities upon receipt or payment thereof to the extent those Items were prorated or credited at closing based upon esllmates. Any bills 149
or Invoices received by Buyer after ClOSing which relate to services rendered or gOOds delivered to the Seller or the Property prior to closing shall 150
be paid by Seller upon presentation of such bill or Invoice. At Buyer's option, Buyer may pay such bill or Invoice and be reimbur$ed the amount 151
paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbur$ement 152
until such reimbursement is made. Rents collected from each lenant after closing shall be applied first to renlals due most recently from such 153
tenant for the periOd atter Closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a periOd prior to closing. 154
The amounts applied for Ihe benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. 155
OPERATIONS PRIOR TO CLOSING. Prior to closing, Seller shall continue to operate the Property in the ordinary course of its business and 156
maintain the Property In the same or belter condition Ihan as existing on the date of mutual acceptance of this Agreement, but shall not be 157
required to repair material damage from casualty except as otherwise provide In this Agreement. Seller shall nol enter into or modify existing rental 158
agreements or leases (except that Seller may modify or terminate residential renlal agreements or leases in the ordinary course of ils business), 159
sel'\lice contracls, or other agreements affecllng the Proper1y which have terms extending beyond Closing without first obtaining Buyer's consenl, 160
which shall not be unreasonably withheld. 161
POSSESSION. Buyer shall be entitled to possession, subject to existing tenancies (if any), [?] on closing [J 162
(on closing, if not completed). 163
L-~):;>
10.
11.
12. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller represents and warrants to Buyer that, to the best of Seller's knowledge, "sch fA the 164
follOWing is true as of the date hereof and shall be true as of cioslng: (a) Seller is authorized 10 enter Inlo the Agreement. to sell the Property, and lb5
to perform Its obligations under the Agreement, (b) All books, records, leases, agreements and other Items delivered 10 Buyer pursuant to Ihis II)(j
Agreement are accurate and complete; (c) The Properly and the business conducted thereon comply with all applicable laws, regulations. codes .167
and ordinances. (d) Seller has all cerllflcClfes of occupancy, permits, and other governmental consents necessary to own and operate the Property :b,l
for 115 ,;urrelOt use, (e) There is no pending or threatened l'ligatlon which would adversely affect the Property or Buyer's ownership thereof after 1 ti'!
dosinq, if) I here are no ,~oYenants, conditions, reslrictlons, or contractual obligations of Seller which Will adverseiy affect Buyer'S '.Jwnershlp of 111" 170
F'roperly ilflel clOSing or prevent Seller from performing ils obligations under the Agreement, except as disclosed 111 the preliminary commitment fer 171
III:>! .nSdral:ce or as 'JtnarY/lse disclosed 10 Buyer In wrll1l19 prior to the end of the inspecting contingency slalnd In Section 5 above, i[Ji There,s :iI) I.''?
pending cr Ihrcalened condemnation or sInlllar proceedings affecting tile Property, and except as otherwise disclcsl'!d in the preliminary III
C.~:I!1"I,rlT1er:t for tl~le ,nsurilnce as or otherwise disclosed to. Buyer Ir1 writing prior to clOSing, the c'ropcrly IS not wlthll1lhe boundar'as of any 1/4
pl.lI1 :ed ur aulhorllA,1 !ocal:mprovement d,strlel, (h) Selier has paid (except to the exlellt prorated at dOSing) 811 local, ~1~le dnd ((,":Je"d I,l<~" 17'!
',)ther P,.l11 ru81 811d persep,,1 property taxes aild aSSt~55ment5 Jesrllbert In ,')pellon Il above) .lltrtbul,lble to IMp. period prior Ie clos,nr) Wllletl II p';1 1 c,
p,,, j '.',IJ!,hm,lilitule a ilell "n F-'ri,perty (Inr'u(1Ing :my personal property), or for whleh BIJyer may 00 held IiJblt! dfler closmg, <Ifill Iii o.eUer 1-'"
Vv IrliH,'" tr,ll '11cro am no pen'JlrIll ,'I lhe~kn"d IIct/ces III v olatlOn of b'JIHmg ZI;nll1')z,od1nd I'se .:r,rles ,;ppllc8ble tn IhfJ Pror:l~rly ,tnd (,) '~d'('r 179
IN, Ilt,1 '; 11lypr .~-\ _ _ C,lle .~/?-Lo 7__ :)()lIer ~ _ _ ___ ~ u r'dte ".[ /2.=,tL'!~. 1")
[l"y,~r _ __ _ Ddle .r-/U-/~__ ____ Seller ~.~________ Date 0--6.':.Q I 1~1i
I , ___
N\J\iMLS FGrrn ?4
UlA I. arm PS. 1 A
P"r,:hase & Sale Aureefllcnl
Rev 12/99
Palle 4 of 6
COMMERCIAL AND INVESTMENT REAL ESTATE
PURCHASE AND SALE AGREEMENT
(CONTINUED)
rr> Copyrighl 1 999
COflllllerr.lal Arcktlrs Assnc:al,'.n
All R'llhts Reser.ed
IS not aware of any concealed material defects In the Property except
1 B 1
182
183
184
Seller makes no representations or warranties regardln!;! the Property other than lhose speCified In this Agreement. Buyer otherwse lakes the
Property 'AS IS: and Buyer shall otherwise rely on Its own pre-closing Inspections and Investigations
13. HAZARDOUS SUBSTANCES. Except as disclosed to or known by Buyer prior to the sallsfect,on or waiver of the Inspection contingency slated 185
In Section 5 above. Seller represents and warrants to Buyer Ihat. to the best of lis knowledge: (I) there are no Hazardous Substances (as defined 186
below) currently located In. on, or under the Property In a manner or Quantity that presently violates any Environmental law (as defined below); (ii) 187
there are no underground storage tanks located on the Property; and (III) there Is no pending or threatened invesllgatlon or remedial action by any 18B
governmental agency regarding the release of Hazardous Substances or the violation of Environmental law at the Property. As used herein, the 189
term "Hazardous Substances" shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous hlO
waste, toxic substance. pollutant. or contaminant under any federal, slate. or local law, regulation. or ordinance governing any substance that 191
could cause actual or suspected harm to human health or the environment ("Environmental Law"). The term "Hazardous Substances" speCifically 192
Includes, but Is not limited to. petroleum, petroleum by-products, and asbestos. 193
14. PERSONAL PROPERTY. 194
e. This sale Includes all right, title and interest of Seller to the following tangible personal property: 0 None ill That portion of the personal 195
property located on and used in connection with the Property, which Seller will itemize in an Addendum to be attached to this Agreement within 196
ten (10) days of mutual acceptance (None. If not completed). The value assigned to the personal property shall be the amount agreed upon by the 197
parties and, If they cannot agree. the County-assessed value if available, and if not available, the fair market value determined by an appraiser 19B
selected by the listing Agent and Selling Licensee, Seller warrants title to, but not the condition of, the personal property and shall convey It by 199
bill of sale. Buyer shall pay any sales or use tax arising from the transfer of the personal property, 200
b. In addition to the leases, contracts and agreements a6&umed by Buyer pursuant to Section 5a above, this sale Includes all right. title and Int- 201
erest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation all rights-of- 202
way, rights of Ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, In, on, or across, in 203
front of, abutting or adjoining the Property: all rights to utilities serving the Property; all drawings, plans, specifications and other architectural or 204
engineering work product: all governmental permits, certificates, licenses. authorizations and approvals: all utility, security and other deposits and 205
reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related 206
trademarks. service marks or trade dress; and guaranties. warranties or other assurances of performance received. 207
16, CONDEMNA liON AND CASUAL TV, Buyer may terminate this Agreement and obtain a refund of the earnest money. less any costs advanced 20B
or committed for Buyer, if improvements on the Property are destroyed or materially damaged by casualty before closing, or If condemnation pro- 209
ceedlngs are commenced against all or a portion of the Property before closing. 210
18. FIRPTA. TAX WITHHOLDING AT CLOSING. Closing Agent lalnstructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent) that 211
Seller Is not a "foreign person' within the meaning of the Foreign Investment In Real Property Tax Act. Seller agrees to sign Ihls certification. If 212
Seller Is a foreign person, and this transaction Is not otherwise exempt from FIRPTA, Closing Agent lalnstructed to withhold and pay the required 213
amount to the Intemal Revenue Service. 214
17, CONVEYANCE. Tille shall be conveyed by a Statutory Warranty Deed subject only to the Permitted Excepllons. If thla Agreement Is for convey- 2t5
ance of Seller's vendee's Interest In a Real Estate Contract, the Statutory Warranty Deed shall include a contracl vendee's assignment suffiCient 2t6
to convey after acquired tille. At closing. Seller and Buyer shall execute and deliver to Closing Agent CBA Form No, PSoAS Assignment and 217
Assumption Agreement transferring all leases, contracts and agreements assumed by Buyer pursuant to Section 5a and all intangible property 2t8
transferred pursuant to Section 14b. 219
11. SEATTLE REQUIREMENTS, If the Property Is In the City of Seattle. Seller shall deliver to Buyer a Certificate of land Use and local Assessments 220
(not applicable to single family dwellings not represented to be a lawful site for more than one dwelling unit), 221
19. NOTICES AND COMPUTATION OF TIME. Unless otherwise speclfled, any notice required or permitted In, or related to, this Agreement (Including 222
revocations of offers and counteroffers) must be In wrillng. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller 223
and listing Agent. A notice to Seller shall be deemed delivered only when received by Seller, lIsllng Agent, or the licensed office of lIsllng Agent 224
Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer and Selling licensee. A notice to Buyer shalt be deemed 225
delivered only when received by Buyer, Selling licensee, or the licensed office of Selling Licensee. Selling licensee and listing Agent have no 226
responSibility to advise of receipt of a notice beyond either phoning the party or causing a copy of the notice to be delivered 10 the party's address 227
on this Agreement. Buyer and Seller must keep Selling licensee and Listing Agent advised of their whereabouts to receive prompt notification of 228
receipt of a notice. 229
Unless otherwise specified in this A!;!reement, any period of lime In this Agreement shall begin the day after the event starting the period and shall 210
eXpire at 5.00 pm Pacific time of the last calendar day of the speCified period of lime. If the last day is a Saturday, Sunday or legal holiday as 231
defined," RCW 1 16050. Ihe speCIfied period of time shall expire on the next day that IS not a Saturday, Sunday or legal holiday Any speCified 212
period of five (5) days or less shall not Include Saturdays, Sundays or legal holidays. 233
iNlflAlS tluyer (1 Dale: ~~~I-c[]____ Seller ~ Date --~/~-rk-- 234
....i~
~t\ _~I ~)--I-rr__ Seller '-"::"'""":>;-.L (~? -- S' -(-~ . "7
Buyer. Date: C._._ .-.:..") Date. 235
N'lvM:. S Fornl 24
r:fJl\ Form P~;.lA
PUI chase & Sale Agreemelll
Rev 12/99
Page50f6
10 r~0rY"fJhl 1 999
:;ommerclal Bickers Assoclallc'n
All Rights Resel\l8d
COMMERCIAL AND INVESTMENT REAL ESTATE
PURCHASE AND SALE AGREEMENT
(CONTINUED)
20. AGENCY DISCLOSURE, AI the signing of thiS Agreer1enl,
Selling Licensee ()lohal R.E. Fxpress
(Insert names of Licensee and tne Company name as licensed)
represented
Buyer
(Insert Seller, Buyer, both Seller and Buyer or Neither Seller nor Buyer)
and the listing Agent Re id Rea I Estate
(Insen names of Licensee and the Company name as licensed)
represented
Sellt:r
(Insert Seller, Buyer, both Seller and Buyer or Neither Seller nor Buyer)
It Selling Licensee and Listing Agenl are different salespersons affiliated with the same Broker, then Seller and Buyer confirm their consent to
Broker acting as a dual agent. If Selling Licensee and Listing Agent are the same person representing both parties, then Seller and Buyer
confirm their consent to that person and his/her Broker acllng as dual agents. If Selling Licensee, Listing Agent, or their Broker are dual agents,
then Seller and Buyer consent to Selling Licensee, L1sllng Agent and their Broker being compensated based on a percentage of the purchale
price or al otherwise disclosed on an attached addendum. In addition, Seller and Buyer hereby consent to Lisllng Broker or Selling Broker
receiving compensalion from more than one party. Buyer and Seller confirm receipt of the pamphlet entitled "The law of Real Eslate Agency."
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
21, ASSIGNMENT. Buyer 0 may 0 may not (may not, if not completed) assign Ihls Agreement, or Buyer's rights hereunder, without Seller's prior 25 t
written consent, unless provided otherwise herein. 252
22. DEFAULT AND ATTORNEY'S FEE. In the event Buyer fails. wilhoutlegal excuse, to complete the purchase of the Property, then (check one):
iZJ Ihat portion of the earnest money which does not exceed five percent (5%) of the purchase price shall be kept by Seller as liquidated damages
(subject to Seller's obllgallon to pay certain costs or a commission, if eny) as the sole and exclusive remedy available to Seller for such
failure; or
LJ Seller may, at its option, (a) keep Ihe earnest money as liquidated damages (subject to Seller's obligation to pay certain costs or a commis-
sion, if any) as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for. Seller's actual damages, lc)
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.
If Buyer or Seller Institutes suit concerning this Agreement, the prevailing party Is entitled to reasonable attorneys' fees and expenses. In Ihe
event of trial. the amount of the attorney's fee shall be fixed by the court. The venue of any suit shall be the county In which the Property is
located, and this Agreement shall be governed by the laws of the state where the Property Is located.
23. MISCELLANEOUS PROVtSIONS.
a. Complete Agreement. The Agreement and any addenda and exhibits to it state the entire understanding of Buyer and Seller regarding the
sale of the Property. There are no verbal or written agreements which modify or affect the Agreement.
b. No Merger. The lerms of the Agreement shall not merge in the deed or other conveyance Instrument transferring the Property to Buyer at
closing. The terms of this Agreement shall survive closing.
c. Counterpart Slgnatura.. The Agreement may be signed in counterpart. each signed counterpart shall be deemed an original, and all
counterparts together shall constitute one and the same agreement.
d. Facalmlle and E.mall Tranamla.lon. Facsimile transmission of any signed original document, and retransmission of any signed facsimile
transmission, shall be the same as delivery of an original. At the request of either party, or the Closing Agent, the parties Will confirm
facsimile transmUted signatures by signing an original document, E-mail transmission of any document or notice shall not be effective unless
the parties to the Agreement otherwise agree in wrillng.
2... ACCEPTANCE; COUNTEROFFERS. Seller has unlll midnight of 06/13/2007
not filled In, the third business day following the lasl Buyer signature date below) 10 accept this offer, unless sooner wilhdrawn If this offer is not
timely accepted, II shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall
have until 5.00 p m. on the business day (if not filled In, the second business day) following its receipl to accept the
counteroffer, unless sooner withdrawn If the counteroffer IS noltimely accepted or countered, thiS Agreement shall lapse and the earnest money
shall be refunded to the Buyer. No acceptance, offer or counteroffer from,the Buyer is effeclive until a signed copy is received by the Seller, the
L,sling Agent or the licensed Gffice of the Listing Agent No acceptance, offer or counteroffer frem the Selier I~ effective IIntil a signed copy IS
received by the Buyer, the Selling Licensee or the licensed office of the Selling Licensee.
25. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller Within ten (10) days of Seller's written reo 283
quest copies of all materials received from Seller and any plans, studies, reports, inspectio"s, appraisals, surveys, draWings. permits, application 2e4
or other development work product re'ating to the Property in Buyer's possession or control as of the date this Agreement IS terminated 285
INIT AlS Buyer ~(~ 0,,, 1;~~o~ Seller .bi [Jdte _i/w!e2_- -,- 286
--. - t~h
Buyer ~ Date. . ~ 0 Seller' Date. G - f' . () L-__. 287
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
(if 275
276
277
278
279
280
281
282
NWMl.S Form 2-4
CSA For'l1 P5.1A
Purchase & Sale Agreement
Rev 12199
PaiJe 6 of 6
COMMERCIAL AND INVESTMENT REAL ESTATE
PURCHASE AND SALE AGREEMENT
(CONTINUED)
(0 C'lpyright 1999
Commercial Brokers ASSOciation
AI: Rights _Reserved
26. CONFIDENTIALITY. Until and unless closing has been consummaled, Buyer will treat all informalion obtained In connection with l88
the negotlalion and performance of this Agreement as confidential (except for any information that Auyer ;s reqlHed by law to dis- 289
close and then only afler giVing Seller written notice at least three (3) days prior to Ihe disclosure) aM w,1I not use or knOWingly 290
permlllhe use of any confidential infor'11ation in any manner detrimental 10 Seller 291
27, SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms and conditions here- 292
in. and further agrees to pay a commission In a total amounl computed In aCcordance with the listing agreement. If there is no 293
written listing agreement, Seller agreello pay a commiSSion of 2.75 % of the sales price or 294
, The commission shall be apportioned between Listing Agent and Selling Licensee as speclf:ed In 295
the listing agreement or any co-brokerage agreement, Seller assignllo listing Agent and Selling Licensee a portion of the sales 296
proceeds equal to the commission, If the earnest money Is retained as liquidated damages, any costs adl/anced or committed by 297
Listing Agent or Selling Licensee for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid one. half 298
10 Seller and one-half to Listing Agent and Selling Licensee according 10 the listing agreement and any co-brokerage agreement. 299
In any action by Listing Agent or Selling Licensee to enforce this Section, the prel/alling party is entitled to reasonable attorneys' 300
fees and expenses, Neither Listing Agent nor Selling Licensee are receiving compensation from more than one party to this 301
transaction unless disclosed on en attached addendum, in which case Buyer and Seller consent to such compensation. The 302,
Property described In attached Exhibit A, Is commercial realeslate. Notwithstanding Section 26 above, the pages containing this 303
section, the parties' signatures and an attachment deacribing the Property may be recorded. 3004
28. LISTING AGENT AND SELLING LICENSEE DISCLOSURE. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER
OR SELLER, THE SELLING LICENSEE, LISTING AGENT, AND BROKERS HAVE NOT MADE ANY REPRESENTATIONS OR
WARRANTIES CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH,
OR THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, COMPLIANCE WITH APPLICABLE
LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS MATERIALS.
SELLER AND BUYER ARE EACH ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE ON THESE AND OTHER
MATT~RS R LATED TO~THIS~REE NT.
BBuUYYee~ ~? o==- Z Date .s-/~/07
- ~- - Date ~/~/07
Office Phone 253-226-6038 Fax No. Home Phone 253-581-3331
305
306
307
308
309
310
311
312
313
3104
315
316
317
318
319
320
321
Buyer'S Email Addren
print Buyer's Name Soon H. & Pyong D. An
Buyer's Address 72 J 4 93rd Ave Lakewood W A 98498
Selling Office Global R E. Express MLS Office No. 4699
53-682-4032 Fax No. 253-584-9442
By -::;::::::::::> -- Print Name Pyong D.An
-= J:;.::.~~ f;1::"I~:;'!; :~~=,:,,::'~{J;-);J;fl
Home Phone Office Phone ~e;6 If? 1 .s-2JJ:~ No.
Seller's Email Address
322
323
3204
325
326
327
Print Seller's Name City of Bremerton
Seller's Address
Listing Office Rci4RcaLEsJate _______________________________ MLS Office No,
Office Phone 360-692-3000 ,Other Phone 360-308-2250 Fax No. 360-692-53<)3
328
29. BUYER'S RECEIPT. Buyer acknowledges receipt of a Seller.signed copy of this Agreement, on
329
BUYER
BUYER
---~_. .~~-~.-
330
NWMLS Form 34
AddenJum/Amendment to P & S
Rev 5:96
Page 1 ot 1
':(',Copyrlght 1996
Northwest Multiple LlsLng SerVice
ALL RIGH TS RESERVED
ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT
The fol!owlnQ is part of the Purchase and Sale Agreement dated r-.fav 22 2007
between Soon H. & PYQIlg..D. An
and City of fltl.:.lru:Itnn
concerning-1_846 Auto Centt:r Way Brcmerton W A 98310
("Buyer")
("Seller")
("the Property")
IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOllOWS:
1. This offer subject to purchaser obtaining commercial loan from the bank.
2. Buyer is W A State licensed agent.
J.. )ptttf J? ..fvlj ~c.r
e R.Ut Ul1>"'=> C I rt1
1h /7PP/Zb\l4t.
CoVAJGIl.. S'-(
By
44,'jp
All OTHER TERMS AND CONDITIONS of said Agreement remain unchanged.
AGENT (COMPANY) Global R.E. Express
BY: e G~5?Jd?- .
Initials BUYER_.ff(tA DATE. $:/7
BUYER:.. _____._ DATE It)-
1..1
pi
--
? /13~ 7
,
~
~
-
~
-
~
~
~
SELLER _~
SELLER: ~_.__J
DA TE ,,D. Y~7 '
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IDENTIFICATION OF UTILITIES
ADDENDUM TO PURCHASE AND SALE AGREEMENT
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file follOWI'lg IS part of the Purchase and Sale Agreement dated r-..hl) 22 2nD7
between ~\.!0ILlL!~ Py' m.l;J2~\!L__._.____u_______._..___ ___._._.._________.. ____________________._... {' B U f c:
W10 - -\:i!.L~)JJJrS_!!!~!W1L__ _________._ ("Selie
concerning __JHlf)..~ll_I!\) C~--'--'!.!~_~~i.l} -.1!J:~~!1~n(~'l.W~!Jli!L______. ____.._..._ (the "Propert)
PIJrSUiJnt 10 RCW 6080, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds
necessary to satisfy unpaid utility charges affecting the Property The names a"d addresses of all utilities providing servic,
to the Property and having lien rights are as follows
WATER DISTRICT: Listing Agent comp!ctes/Buycr a~cnt kavcs blank
Name
Md'.s~
C,ty, State, lp
SEWER DISTRICT
Name
Address
City, Slele, lip
IRRIGATION DISTRICT:
Name
Addra..
City, Slale, Zip
GARBAGE:
Name
Addr...
City, Slat., ZIP
ELECTRICITY.
Name
Addra..
City, Slala, Zip
GAS:
Name
Addrl!lss
City, Stale, lip
SPECIAL DISTRICT(S):
(local improvement districts or utility local improvement districts)
Name
-Arjdresl
CitY."STat~-ZIP---~
If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) within
days (5 If not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing Agent or Selling Licensee
With the names and addresses of all utility providers having lien rights affecting the Property and (2) BLyer 3nd Seiler
aut!lorrze Listing Agent or Selling Licensee to Insert Into this Addendum the names and addresses Of the utility provlrlers
identified by Seller
Nothing In thiS Addendum shall be construed to diminish or alter the Seller's obligation to pay all utility charges (lnc/tlding
unbrlled charges) Buyer understands that the Listing Agent and Selling Licensee are not responsible for, or to Insure
p~yment of, Seller's tltility charges
In/hals RIJYER _h ~i\,- '__"__ DATE -~Et~n
BUYER -_.V-~----- DATE -';/~/()7-
SEI.LERP--~/ "= DATE ~--/tYb7
----,L.__.....---.---_ _"'__ ___ _
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SELLER _2:.::01 _u___ DATE fa.L_D..l..__
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fR ~HE NE COR 0F SEe 21 TH ALG THE ~ BJ?Y OF ARSENAL WAY ~69*2~120W
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1(;CFT ':H 366*06'SOE 'L7JFT FR THE TPOB TH N66"'08'SO\v 1:0FT 'T'o THE TP08
ALSO THAT PTN OF :"OTS 22 & 23 PLAT OF FERNWoOD IN THE NEl, 4 lIEJ./-j
D.ll.F, BAAP ON THE N BDPY ,)F ARSENAL WAY WH PT IS S 703. 39FT & w
-144.06FT FR THE NE eOR OF THE NEll 4. NEl/4 SEe 21 TH N ALG N BD~.Y OF
ARSENAL WAY N69*27'20W 24S.97FT TH N66*il'20W S8B.27FT TO THE TPOB TH
CaNT N66*11'20W 100FT TH N23*4S'40E 200.45FT TH S66*08'50E 100FT MIL
TAP N23"'<18'40E 200FT MIL FR THE 'I'POB TH S23-r46'40W 200FT M/L TO THE
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