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HomeMy WebLinkAboutIowa Properties, LLC-Purchase Agreement-02.19.2007 /25/2007 14: 54 4805'857027 HOLTZ INV CO .2�/5- 1'f' PAGE 02/08 -'z24/2007 17:09 FAX 3192875160 Ii. MI.KIRELAND /fZO . 067.JJ9 [ 1002 01.124/2007r 15:17 3192917000 NOOREN CIOMMERCIAL PAGE 02/08 986102 Adovted by the waterloo-cellar Fails boast of Rt ALT�RSit ta98(Revised ti/04) Adbote0 by the Mat Hawk county marpgyociation 204 e� boA00N� 3806 PheasantLane th j� Waterloo, Iowa 50701-520J0 _._.,..., (20RTRJGHT Office: (319) 235-6234 Fax: (3I9) 235-8047 REAL S TOR Web Site cortrightrt altors.cvrn -Cedar valley's Traeemoras F_-mall: cortrilghtrgodrttighlrealters.cam for Real Estate` ■ Since 1952 ■ PURCHASE AGREEMENT Data - ,7 TO; a , 1-4 (Seller) FROM: (Payer) As oiflt tartan vvit fall rights of survivorship �� • unless otherwise specrfred. Buyer offers to buy; 1& A , glil Sit Legally described as: ,fa.1 AI_ „cat/att4-0 e 4/14 ►' 3__ C .Aif _k_A:k ..'tfrof P4r-la SUBJECT TO RESTRICTIVE COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD iF ANY, AND TO EXISTING EASMENITS iF ANY The property intended to be covered by the terrns hereof shalt include sll buildings, storage sheds, land, rights, eesemer;s, and assess necessary or appurtenant thereto and owned by Seller. Included, if new in or on said premises and owned by the Seller, are all fixtures including but not limited to: ett'aohed carpeting; window wades; blinds;curtain rods and '-iardware; lighting fixtures and bulbs;ceiling fans; built-In appliances and accessories;TV tower, antenna, rotor and centrals;awnings; door chimes; fireplace grates and andirons; mailbox; installed sump pumps; garage door openers and controls; and bushes, shrubs and other vegetation, Also included, if not rentals, are satellite dish, water softener and filtration systems, installed alarm devices, propane tanks and all other fixtures not hereinafter reserved by Seller in writing. RESERVED ITEMS; _ >tie;'r41 C FOR TiiESUM OF$ op, oc� r 0 s ex, re Earnest money of$ — D — to be held in trust by and the balance in cash to be paid at closing upon performance of Seller's obligations hereunder. Closing to take place on or before ferf , the ,2 day of ,� Sao 7 Possession to be given to v er at closing or by�,4�"� AM the Z day of ,a, LI PM [A 42444Atei d y rents shah be aromas to take possession subject to ghts of non-owner 4cciJpantS now in potsess;en, YE8 N Buyer auexisjng keys and garage door controls no later than possession. to date of clogrng Seller agrees to deliver to _..... /L Buyerw {init�alsl 5ellerfs) LZ c (Iniflafs) Page 1 of 4 01f 25f 200 14: 54 480585 027 HOLTZ IN CO PAGE 03f 08 ZOO 01!2412007 17:10 FAX 3192675180 KAMI.KIR1tLAND AGE 01 J 24 2017 15:1737 92917Q�� NOaREN COMMERCIAL PAGE 63l©9 yeti ua Property Address 3t -, ,.? , CHECK THEAPPROPRI/,TE 130X, J I. CASH to be be paid at closing_Buyer may have access to property purchased for appal; however,this agreement is not contingent upon Buyer obtaining funds. Settfem>3nt fee, if any, shall be paid by the Buyer, ■ 2, FIN , CING. This agre-. enl s subj-. o Bu er obtainirt•_ 7 assuming n-- 'i ommitment for , •nvsntionai al Insured Conve i- el LI Fi-IA VA .1 sortg a e � 9ed % •erannurn FR all 9 •+�On said pro.e ,, at an initial I ts.rest rate not to ARM G�a 'zed over a peri d c' veer Al costs inourr i securing a.oh mortgage sh-II be •aid by the B yer niess nth rwl:- noted in par ra.h S herein, ra yer:green upon c•-ptence of his ag --meat t ism-dletoly mallapp •etlon for -Lid mortgage Joe with a lender and to :ke e good ith ='art to ob sin a •rtgage omml ant end p Gee- toward osfn:! as above p vide.. Buyer she ob :In such mo on - before gag commi ant ZOO . •thin this sa a peri■d, Buyer s all miry Sailer I writi g, that 13 .yer ha' secured said m• gage cc mitm. t and t et thi= contingen y is re oved, if =uyer; .-fter a goo faith effort ha; not oh tined a 'than mortgage co mitrri=nt and ;riven - ch writters/coatingracy ramo al noti,a within th earn- time is. od, th s agreerrt nt shall .e nun an void a d the aghast oney shall be ret , Bed to B yer, 3. I STALL. ENTS. Earns., mone of $ , to be eld in trust by arts $ Co mot on r before • ssessi n date, which Buyer :•ree5 t u••n ex-• Lion of a Unifo Real -state at e rate opay the r mairtia• balanc- of or rno per onth, in luding int:rest, QM (I the en Ire puroh as prl : is pai.!, with )ate -st fro date of possessions at the r_ ea of % •erann m until p.;d. Such nt'erest l:to be GC)the •eta �•:.owingbated oath upon et the begin ing of ea,h resp:ctive int•rest mputatiorr period, •.uch rhd thly pay eras sh. loom ence on e day of , i , ands all be pale at e p -ce desi4 Bed b Seller_ ' y • -, rent Jelin went •r more that 30 ays shall „raw i :-rest a, % per in P pounde, month! . Notwith.tandi g the pay ••nt P,.visions herein th outstandi g be'.,nce of •rincip and inter-s/sha be paid •n or he re the day of If Sei1•r ores- tly ha a rnortga.e or la d contract oblige on subj:•ct p operty. Seller declare thisif mart- . 9Ce mans null a d vas •age 2�xelerate= said •rtgagea or :rses t e interest --te i• ereon to a ra - - 'ceeding / perannum, cr If t e unde ying ontract pr,,hiblte n installme sale, he contrac,she I be on the to . _ -nd condition of a Black Ha k C runty Co fere tce REALT+RS,:�and Janus $ 99B, or the le al uivelent t ere. . AR pa ;es _ Lawyers Stan Ord Form 1� �A y with defrv. • possession or p rent of t e ale ce of tt a Co npaymen hie to iw s-vet occursrfir.1dS lemecit fee, f tract cono try with be psi- • the Buyer. y, shelf 4. AS , PT1ON/ASSIG V EiiT', if this t n action co .te plates a mo • e assumption a c ntract assign - t, Buyer may d- -re this agrees, t null and voi.. ••nd deman. return of th Ir -arnest money it rnortga.�- or raises the int est rate ther:. to a rate a deeding % per annum or dedyng con .0 said not assigna•'e, This agreeme is subject to ` Ier's releas- f liability on th- -xlsting mortgage a bontrect Yes( ) •( ) to to determi -d on or before , TAXES AND ASSESSMENTS. Seller sttal! a , .r e' Pro-r...4-e.A '" , 'drs f-ke general property taxes on said roe pay .� 1 ' - o, , y: a. of the installment of all prior installments, Buyer shall pay a l sul sec rennin inste dell I allments. if any installment uell(If no(piald on orf-general property prorated and is such taxes cannot be determined bytime9 p R rtY taxes Is to be shell be based on the amount of the lest determinable installment, propoionately adjusted by any change ement in the suchassessed valuation attributable to capital Improvements and which are determinable an the date of settlement. If closing takes place other than the date on the Purchase Agreement, texas shell be prcratela to the revised date of closing. Buyer shall pay the coat of all street oilings which are not liens on the date hereof Seller shall pay elf sewage disposal assessments due and all special assessments vifhiph ere liens against said premises on the data thereof, except those for improvements which have not beer: completed sFnd accepted by the City Council on the date thereof, which Buyer will pay, Buyers)_::: ;ZELL--._ 9e nitlaleSeller(s) � � G�{ (Initials) Page 2 of 4 01125!2007 14: 54 4805857027 HOLTZ INV CO PAGE 04/08 01/24/2007 17:10 FAX. 3192875180 RAMI.KIRKLAND 2004 elf 24f 26a7 15:17 319291700D NOCREN COMMERCIr i_ PAGE04f a9 98-102 Property Address 3(e A-, `Jill .Sa'* am. c 6. OTHER TERMS/CONDmONs THr9 PURCHASE AiSREE14tENT Is SUBJECT TO! --._ cd" � a. o_ u-� oar J C ' a f�22�3 ->G. s,� ,'tea{.4r,0e Ej G�- A, Thu. CIE' A6CEP71 TA . P c4E/e7}' / l�� /5 '' Co>v 6/ 7,b Ai- , - - 7, CONDITION OF PROPERTY. The property, as of the date a this a me.rnent, including buildings, grounds, and ail improvements will be preserved by the Seller hi Its present can Rionuntil closing, Seiler repreSants plumbing, ineating, cooling,electrical systems,and appliances included in this Purcha Agreement to be in working order at the time Of Closing unless otherwise noted an attached Seller Disclosure of Property C ndition. Seller agrees to remove all debris and personal property, nut included herein, from the premises prior to possess n_ Buyer shall be permitted to make a "walk through" inspection of the property prier to possession Or closing,whicheve occurs first, S. INSPECTION OF PROPERTY, 'fie Buyer is responsible r making their own Inspection of any property for which they make an offer. (It Is Understood that these provisions are independent of any, lender requirements for financing approval.) WITHIN 0 f days after the aceeptence date of this agreerne t or on or before 1/44 , Buyer may, at their expense, have the properly inspected by a pe on(s) of their choice to Identity any pest infection or environmental concerns and to determine if there is any structural(, moahaniceil, plumbing. electrical, or other deficiency, Within this same period,the Buyer may notify tie Seiler in writing of any defciency(a)the Buyer wants remedied,The Seller shall give Immediate notice to the Buyer in writing which steps, if any, the Seller will take to remedy any deficiency before closing.the Buyer shall then immediately notify the Seller in writing that(1)such steps are acceptable, in which case this agreement, as so modified, shall be binding u can all parties; or(2) that such steps are not acceptable, in which case this agreement shall be null and void, and any earnest money shall be returned to Buyer. 9- RISK OF LOSS AND iNSSURANCE, Seller shall bear the risk of loss or damage to the property prior to closing or possession, whichever occurs first. Seller agrees to maintain existing insurance and Muyrer may purchase additional insurance. In the event of substantial damage or destruction prior to closing,the Buyer shall have the option to complete the closing and receive Insurance proceeds regardless of the extent of damages or to declare this agreement null and void.The property shall be deemed substantially damaged or destroyed if It cannot be repaired to its present condition on or before the closing date, 10. TITLE PAPERS AND ABSTRACT. At the time of the final payment hereunder, the Seller shall convey the premises to the Buyer by warranty deed and shall furnish the Buyer an abstract of title that, in the case of platted property, begins with the recording of the proprietors plat of the subdivision, or with root of title, and that shows marketable record title to the premises vested in the Seller as of the data of this agreement between the parties hereto. Within a reasonable time after the execution of this agreement, GLroh abstract certified to a date subsequent 10 the date hereof, Shell be submitted to the Buyer for examination. Buyer or Buyer's attorney shall either approve the title or point OW specific objections.Alter all valid objections have been satisfied or provided for, Seiler shall have no obligation to pay for further abstracting excepting any made rlecessero by his own affairs, 11. COURT APPROVAL- If the property is an asset of any estate, trust, conservatoFship, or receivership, this agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney, IP necessary, the appropriate fiduciary shall promptly proceed to a hawing for Court approval, in that event a Court Officer Deed shill Pe used to convey title, _...i—it...---1/ c- (Initials) Selier(s)X c- !/z lcC (Initials Page 3ef4 01/.25/2007 14: 54 480585702 HOLTZ INU CO PAGE 05/08 Ia1005 01/24/2007 17:10 FAX 3192575180 SAeI.KIRKLANi) PAGE 05/Eve 01/24/2007 15:17 31'329170 NOOREN COMMERCIAL 00 Property Address 1 t%flt 12. SURVEY. Buyer may, et Buyer's expense, prior to closing, have tee property surveyed and certified by a Registered Land Surveyor, if the survey shows any encroachment on the property ur if any improvements located on the property enoroeohes on lends of others,the enoroac:hment shall be treated as a title defect. If the survey is required under lows Code Chapter 354, Seller shall pay the cost thereof. (Chapter 354 applies only to land which has been divided using a metes and bounds description.) 13. RETURN OF EARNEST MONEY. Earnest money submitted as part of the purchase price of the above described property shall be returned to the Buyer in case this agreement is not accepted.Any other release of earnest money shall require inlrormed written consent of an parties to this agreement, 14. REMEDIES OF THE PARTIES,If Buyer yr Seller fails to timely fulfill the terms of this agreement, then the ether party shall be entitled to utilize any and all remedies or actions at law or in equity which may ter evallable to them (Including but net er nited to: forfeiture,foreclosure, termination. recision, or specific performance), and the prevailing party shall further be entitled to obtain judgment for come and attorney fees, 15, THIS IS A LEGALLY BINDING CONTRACT, This document contains the entire agreement of the parties and supersedes 211 prior agreements or representations with respect to the property which ere not expressly set forth herein. Any modification of this agreement must be In Writing art signed and dated by all parties, TiME IS OF THE ESSENCE in the perforTtanee of each part of this agreement. if not understood, consult your attorney. 16_ ADDENDUMS ATTACHED TO THIS OFFER 1NCLUpC ZSP cifi f FRS AG€N 4lSD!OSUhc AQR N7' ,`ELLER DI$C6OSQRE OF PROEEUf cOND1110AI, YES Q NO („] NOTAPPLICABLEE LE&R BASE PAINT_DitcLosLi2g, YES X NO ❑ NOT APPLICABLE( 17, NOTICE AND COUNTERPARTS, Any notice required under this agreement shall be deemed given when ft is received in writing either by band delivery, fax, return receipt requested mail, or eiectnenle mail. Persons designated for receipt of any notice for the purpose of this agreement shall be the Seller and Buyer or their respective agents,A signed copy of this agreement, counteroffers, and all addendum; or amendments to this agreement shall, taken together, constitute a single binding Agreement. 18, ACCEPTANCE DATE. When accepted by the Seller, this agreement shall become a binding agreement for the sale of the abate described property. If this agreement is not accepted by the Seller on or before of it shall become null and void and the earnest money shell be returned to the buyer Qthout liability on the part of either party. 13, SELLER HEREBY ACCEPTS LICOUNTERs the above agreement on . If Seller has mace a counteroffer by changing and initialing any terms, the counteroffer shall become null and void unless accepted and initialed by Buyer on or before, If Buyer has made a counteroffer by changing and initialing any terms, the counteroffer shall become null and void unless accepted and initialed by Seller on or before ���-- — ere-- LC_ BUYER SELLER BUYER SELLER` �j_ / ADDRESS 1 J D g l�fifVt A4 fie '(.4 - �.J/7/i✓.r..�O f (� �+ ( Aa6/?/S5 Peeler NAM Or SELLiryG LrC rrE t BROKERAGE CCMI NY 'sR / `r etl,:r 1 , h r c�1 ,Pee r r PRINT NAME OF LUETtNG LICEN9rEE f BROKERAGE COMPANY FINAL ACCEPTANCE DATE: rhea form nits hobo maee avatIabla by that 1Natmnosro*tar Fair�olart•I of REALTOR�rev rh*wow,. An or Its Preka*e end their dlaht>t snE cua{ornera ant?hey Eraan co")itZ fed by v .CeQar Palls trosM Of RFj,LTORS�ion male:;no Warrsrlty at tPe legal etteCisreR�` this form on*dieete!mI arty tIablEry For datna&Q6 rbpultr,p tram l:s use,By I of tnrr fern the parties agree(a this Rr+Ntat on ET Felt?$ tho W�tertoo-Ceear Pall9�oord o}AFALPJI O*Ord oil 8rahsira,esperter,and E�r11Q���ggpl1�,hoe emy flablkty gt1 E out of Its use.TNa form Atoll rot be rePodutmi,in whole:N M part,without the Dtior Wfiltprt Cphlegrft rN 4te iNe8* rhs-ea rr FILL E;oard yr REAL'f4RS,� Pa ge d of 4 01 r`25i'2007 14: 54 4805857027 HOLTZ INV CO PAGE O6r'00 01/24/2007 17:10 FAX 31928751S0 E 11I.KIR LA'JA C�OOt3 O1f24f2OO7 15:17 3192917000 NDOREN COMMERCIAL_ PAGE O6f09 98.in Adapted t,y the Watertne-Cedar Pak)Board of REALTc)R5Q9(Revised 81O4) COMPANY POUCYIAGENCY DISCLOSURE AND AC KNOINLEDGMe NT (To be signed by Seiler1S yen ar or Prior to the time spetaiftc,assistanea is first pratrlded.) When you enter into a discussion with 4 real estate licensee regarding a real estata transaction, yotl sheuld from the cutset understand who the licensee is reprssarilhg in the transaction. More importantly, you Should underatarid how that representation affects your relationship With he Company (the term"'Company" hereinafter refers to the Real estate Company and its Licensees), [Below lea list of the representation options available from C,QRTU�R'x REAL` ORS (hereinafter referred to as the"Company"') 1�iaonsee has chec;keci the appropriate hox(sIfor each pollen that applies to Company, The term "Seiler" shall hereiNifter refer to Seiler,Landlord of Rcttionoc The tercel"Buyer"Oatbl hereinafter refer to 93toyert Tenant or Optloncer 51/4,213..24,ZElatiCY When the CampenyiLtcrnsee lists property for sole and the property is sold by a different real estate Comprnny, ft is the policy of The Company to represent the Sailer(a)exclusively When the Compranyll.i;anrfe assists you in writing your purchase agreement and the property is 1;0E1 with s different real estate,;ompally, it is the poky of the ComperiyfL,(pensee to represent the lataye.r(s) 113xclusively, If the CampanylLicvnsee represents the iBuyer(s a}cdlrasively, the Cornpsrty/Lictnnreo may receivo compensation for the transaction from the listing crampany pursuzint to a rooperatlon agreement beturreen the two Cgmpanies or may be compensated by the Buyer, a ..EIFI INTATION A person(a), partnership, or company(buying or selling) may represent themselves in a transaction_ If a Buyer or Seller elect to represent themselves in a tra 1soctiOn, it is the policy of the Compeny/Lit,ensee to trsttt that Euyer or Seiler 23 0 "Customer" and not as a'Client'. "Customer" means a consumer of real estate services in connection with a real estate trzai'►S otiort who Is not being represented by the licensee, Cut for whom the licensee may perform ministerial acts, A customer may be a client of another broker, may not have yet decided whether br hot to be rep rrksentred key any hacker, or may have chosen riot to be ropresented by any broker.°Client"is defined below under "Duties of a Real lister© Licensee to a Clien i— IV g_gla L llQLJ WA1 /1/4GENG A, When s real estate Company both Ilatsi ano sells the property(the Listing Company and the SellfN Company are: the noires company), It is the policy of the ccinpany1I oensee to represent ltae Seller(a)acid kltryer(s)as Consensual Dual Agent(s). Eh A real estate Company/licensee acting directly or through a licensee can legally be the Agent of both the Seller and the aoyer, but only With the knowledge anti written consent of both parties, If a Buyer represented by Connoany,boensee wants detailed information about, or to soar a property of a Seller beIngg•represenl',ed bfl the same Company, the Comp¢anytLioentioe shell make every reasonable effort to remain irrtpart,iai to the prertiera. In these oira:tamatanre , Gorr-pony/Licensee immediately bagomes a Dual Agent. Seller and Buyer acknowledge that, prior to such circumstances, C;ompanyrl.,irenstn acted es agent of the Seller end acted es agent of the Buyer, in those separate mles, Compenyli,lcen4ee m,iy helve obtained inforrnatian which, f disolptsed, could harm the bargaining position of the party providing such information to Company/Licensee. Pinninisiontc that govern th«a eis:Itonrr of Compainelaatneeet 1, Company/Licensee shall riot knowimrliy say anything or c10 anything Nrhich might place o,nr- . at a dlsat,'1vant�l�ts, dist�iase person& can;iciei'rce of one party to the orl ar party, including motivation to eeillbuy, negctlatlrro atrotogY, or any other information a party sprtai( :6111y instructs CrimlWy'/i^fcorlc(eer in writing rreor, to disclo;re, unless discto sure is requ-red by law. 2. Company/Licerisecq shaft not, without}prior exprrssr vrorlttnri corlserrtof€,feller, disclose to Mayer tl'iat Smiler opt t accept price, lr ss than the lilting prloo, or oocr3pt tennis ISS5 favorable to 5'elier ttian is indicated in thin. Rioting agreement, nor shell Ccrn'ipanyll„iovnson, without the rar'lar empress written consent of Buyer, disriorce to Seller that Buyer May be wiling to pay a higher prime, or Accept terms, less ftrvorabfe to f,Ouyer than Iltase indicated in Guyers last written offer, ;.i. Compeny/Licensee will endeavor tc,be,impartial between the parties and ghat]not net rerinni thrs interests of either Seller or•nuyaar to the :11ctrIm"mt of the other party. Company/t_loerrsrDra is obligated trs inforn,e,a+;h party or et; hoots C,ompanylL!censee lcnovvs which would affect the party'm decision to o relit COmpanyl Limas-ea to mpre.ne3it•both Seller end Oliver, :Seiier and F3ttytar ttrra not t'acurirea(ft cs'rrlaea►t to Duat Avsli y, 01/25/2007 14: 54 4805857027 HOLTZ INV CO PAGE 08/088 01/24/2007 17:11 FAX 3182875180 KAMI,EIRRLAN1) 007 as/2a/2�67 15;17 31929176©a NOOREhi COMMERCIAL PAGE 07/08 1)6,104 ROLE OF BUYER AND SELLER IN CONS1SMUAL DUAL AGENCY Ina Dual Agency aituatlorl, Seiler and 6twoe soknowiedge and agCee they halve the responslility tca negotlete ond rr 1k© their awn decisions as to what terms are to be included in any agreement for the purchase and ,ale of SeII is property. Geller and Buyer tso acknowledge they unclferetarad that GomparrryfLicensee reprosen"ing more than one parity to a tr'anametion cart mats a oei1flisavt of interest sines tooth ,clients may rely upon Company/Licensee's advice, and the olient'is respective Onto-este may be adverse to each other.Seiler and Buyer urtdaretand they may sear independent legal counsel in order to assist them with any matter relating to a purchase agreement oi'any other aspect of this transaction. Seller and Buyer have the duty to protect their owry interests and are advised by Company/Licensee to carefully reed all documents tt'r assure that they adequately express the pasties understanding of iihe transaction, If Seller or $uyer here questions regarding the dutles and responslbilitles of Company/Licensee, those ciuestions should be resolved before signing this document, A client Is a party to si transaction who has an agency relationship with $ Company/Licensee for reel estate services,A company/Ucensee providing real estate services o,n client small do all of the following; a, Place the clfenk's interests)ahead of the ins rests deny other party, unless loyalty too A dent vloialea tho Licensee's duties and r the Consensual Dual Agermy proviolan of the low Code or any other applicable law, tr}. Disclose to the client all information known try the Comp; i y1Licensee that is mat)Srial to the transaction And that is not known by the,client cr could not be elisi:cvert d try the dent through r esonably diligent inspoctlon, c. Fulfill any obligation that is the seeps of this Company Pnlioy/Agency ;Disclosure and Acknowledgment, except those obligations that are inconsistent with other duties that the COrnpanyll„Icr'in5eo has under the provi:>1ans of the 9ovra Code Or any other few. ci, 'lactose to d dell-4 any financial interests the Company/Licensee hes in any business entity to which the Company( Licensee refers a efle it for any service or product related to the transaction, The client is not obligated to utM any, such recommended company, and may select a different ctrrnpany_ t4QTE: Company/Licensee(Gir'clle AppacablO has a firr$ns rat Interest f1t or en affiliate relatlormlhip with the foltnwingg companies or bu iness entitles; in providing real estate services to ail parties to a trmsaction, Company/Licensee $bail do all of the folioWiI1g; • a. provide brokerage services to all parties to the transactloli hcnostly end in scrod Faith, b, Diligently exant,lee reasonable skin and,cage in providing rang estate raeniices to all parties, c, Disclose to each party all material tndverran facts that the licensee knows except fcr the following: 1. Material adverse facts known by the party, 2. 1vleterl®i adverse facts the party could discov©r through a reasonably diligent inspection, and wiiiR'h would be discovered by a reasonable prudent per,on under like or slarmilarvlrcumstancas, 3, Materiel Adverse facts the disclosure of wafcla Is protl101ted by law, 4, Material'adverse facts that are!chum to per eon who conducts an Inspection on behalf of the party, d,Acc c:iunt nor ail property coming into the prasseesion of licensee that bolorlgs to any p rty within a reasonable time of receiving the property. if you clo volt underaatarld this.1csrMiment,seoll tepid ad Vice(before sigrniiag,n'he undersigned acknowledges that the Company/Licensee has'made a Mt discloyuro of the typerr of representation entation the Company can provide,'The undersigned ietc,nowiadge receipt Of a copy of this Company Polley(Ai;lency Dlsciosure and Ackrrowledgmorit document, fillet'11iurrr Pate =�Q uyrrr 0Aty .,,. Date ago 2or2 91/25/2007 14: 54 4805857027 HOLTZ INV CO PAGE 07108 01/24/2007 17:11 FAX 3192875180 KAh[I,EIR I.ANi} Z1008 01/24/2087 15:17 3192917001 NOU EN COMMERCIAL pA,LE 00l06 vn nAm a '0.46.11Q0 @.nrtr r (To t)r signed by Buyer.ippn tivrilir'lg offer nit by AoIlt,r prior 10 present tips of Pt,rcl'iate A+ eemeni) flea term^SOIlle slti11 harelnatter ruler In Sa11P_r I,pwrllori Or Optrnnor,Th o term"E3unr''al,alf horain tirtP ropy io siuyer,Tynan!yr OpHona o, Seller and tstuyer thief elllnfl CompanOLlcansee tnd i..i®ting Compr,inyll.10aneee,elect, preplarEo,arid complete fon�1 .locumeni:s as autherigad by Iowa rev/orlon 4;l►prs no Court Rule, 5raoh purchrase agl"adtnent, groundv tar harzard, Land r1(scAratinn orvstue, ent ra resIdethtial real as,ate transactor). ►G Seiler and Buyer *nd Listing and Sellrr4g Licensee are undertalcing a Cons211YaI Qusil Agency reprrrceutation in the sale of the above. narned property, Seiler and Blaye'acknciwiodge i:hai (hey were previously lnforried of the possibility of Consensual Dual,Agsncy and have signed the CorEent tC Duaf Agency, The 1lndQr$1 nscl stelcnowlcdge that thra Letting Cumpanyll.icensoe r)r1 Olt Selling CoMpony/Lire►isee have made a rileolrssure of the type of rep esantation each wi11 p'ovide, The u,indehsigneil, axy bhier signvttro Ibekvir, a* owiecilgv 'oc,f rrtl of a copy oif this Act OffsslmQure AglrOttmeM comfimrrtelion offtl4e aQfarosentetion tieing provided, 41 the Purchase Agreement dr�tdtl_W 1. .�4-0 involving the above property, tlio;igefG Mialmklor7ghlp betwrlaen the pathos and the respeytiv'real est;*c amparly(e)ll..ir ermae(s) buyer Exclusive Agency �..,1C.SelliYExclusive Ag,rnry Consertei„I l Doer Agericy __ �,CoriPenscial Duel Agency Self Represeritsiticrn colt Repre, ntatlrsn • lF YOU DO NOT PdNL i D IMF, DOCUIu15N G,GONS1.0LT AflQRmyoyer Date . Sr car r37te Buyer DRte aeiler pats • q ZD Seillno Company 1.,i�Ring CtQtipany Licrineep Nate Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-138-016 IOWA PROPERTIES LLC IOWA PROPERTIES LLC 9588 E PINNACLE PEAK RD PDF No. Map Area Contract Buyer SCOTTSDALE, AZ 85255-0000 7 EWTLO-01 Property Address Current Recorded Transfer 318 E 9TH ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50703-4822 9/27/05 10/5/05 2006 009060 D SALES BUILDING PERMIT Date Amount NUTC/Type Date Number Amount Reason 12/13/01 17,250 NORMAL ARMS-LENGTH 12/5/02 WA HA 1331 1,495 Misc TRANSACTION /Contract 8/8/00 408 SHERIFF OR TAX SALE / Deed 1/24/94 3,000 TRANSFER TO/BY ADMINISTRATOR, GUARDIAN CONSERVATOR, REFEREE, TRUSTEE, ETC. / Deed ASSESSED VALUES/CREDITS Year Class 2006 R 100% Land Dwelling Building M/E Total Acres Value 4,590 17,980 0 0 22,570 0 . Taxable Land Dwelling Building M/E Total Value 2,091 8,192 0 0 10,283 Year Class 2005 R 100% Land Dwelling Building M/E Total Acres Value 4,590 17,980 0 0 22,570 0 Military Homestead Disabled Property Tax Agricultural Family Farm Credits Exemption Credit Veteran Credit Relief Credit Credit Credit Y Taxable Land Dwelling Building M/E Total Value 2,111 8,270 0 0 10,381 Year Class 2004 R 100% Land Dwelling Building M/E Total Acres Value 2,910 24,390 0 0 27,300 0 Military Homestead Disabled Property Tax Agricultural Family Farm Credits Exemption Credit Veteran Credit Relief Credit Credit Credit Y Taxable Land Dwelling Building M/E Total Value 1,396 11,698 0 0 13,094 TAX INFORMATION ASSESSMENT YEAR 2005 PAYABLE 2006/2007 Tax 941131 -WATERLOO RATH AREA TIF AMD1 District http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325138016 02/05/2007 Black Hawk County Detailed Parcel Report Page 2 of 2 Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 22,570 10,381 0 43.91333 $455.86 $292.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $163.99 $0.00 $0.00 $0.00 $0.00 Nocorp _ $0.00 LEGAL (ORIGINAL PLAT WATERLOO EAST LOT 6 BLK 23 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 60 60 150 150 0 9000 0.207 Foot _ Totals: 9000 0.207 DWELLING CHARACTERISTICS Type St le Single-Family/Owner Occupied 1 1/2 Story Frame Year Built Area Heat AC Attic 1884 308 Yes Yes None Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 5 0 2 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp/Vinyl Exterior Walls Interior Finish Alum Plas/ Panel Roof Asph / Gable Non-Base Floor/Wall IPipeless Handfired Space Heaters Heating 0 Addtions Year Built Style Area Basement(SF) No Basement (SF) Heat AC Attic 1884 1 Story Frame �504 0 0 Yes Yes 0 Plumbingil Full Bath Porch Style Area 1 S Frame Enclosed 120 YARD EXTRAS Description Year Built Quantity Plot No. Extended Description FR GAR 14X22 1884 1 Quantity= 1, Units=Each, Height= 0 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325138016 02/05/2007 b�