Fill and Sign the Agreement Exchange Property Form

Agreement to Exchange Property – Barter Agreement with Assumption of Indebtedness and Cash Consideration along with Form of Bill of Sale Attached Agreement made on the ___________________ (date) , between _______________________ (Name of Party Alpha) of _________________________ ___________________________________________________ (street address, city, state, zip code) , referred to herein as Alpha , and ______________________ (Name of Party Beta) , of _________________________________________________________ _______________ (street address, city, state, zip code) , referred to herein as Beta . 1. Exchange A. The parties agree that Alpha shall become the owner of the property of Beta, said property being described as follows: (description of property) ________________________________________________________________ ________________________________________________________________ . B. The parties agree that Beta shall become the owner of the property of Alpha, said property being described as follows: (description of property) ________________________________________________________________ ________________________________________________________________ . 2. Assumption of Indebtedness Alpha agrees to assume Beta’s indebtedness on the above-described property of Beta, which is evidenced by a note and secured by a lien on the property in the amount of $____________. 3. Cash Consideration A. Alpha is to receive $___________ from Beta, which is the difference in the values of the properties being exchanged. B. Such sum shall be paid by Beta in cash. 4. Inspection A. Alpha has inspected the property that he is to receive, and states that the same is as it has been represented to him. B. Beta has inspected the property that he is to receive, and states that the same is as it has been represented to him. 5. Bill of Sale A. This transfer of title to the property of Alpha shall be represented by a Bill of Sale to Beta in the form attached hereto as Exhibit A. B. This transfer of title to the property of Beta shall be represented by a Bill of Sale to Alpha in the form attached hereto as Exhibit B. 6. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 7. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 9. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 10. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 11. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 12. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 13. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 14. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 15. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted Name of Alpha) (P rinted Name of Beta) ________________________ _________________________ (Signature of Alpha) (Signature of Beta) Exhibit A Bill of Sale State of ________________ County of _______________ For and in consideration of the payment by Buyer of $___________ to Seller, the transfer to Seller by Buyer of title to (describe property) ________________________ ______________________________________________________________________ __________________________________, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the undersigned Alpha, the Seller, does hereby grant, bargain and sell to ________________________ (Name of Beta) , the Buyer , all interest or right of the Seller in the following described property: (Description of property) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Buyer shall have all rights and title to the goods in himself his executors, administrators, and assigns. Seller is the lawful owner of the property and the property is free from all encumbrances except as described herein. Seller has good right to sell the property and will warrant and defend the right against the lawful claims and demands of all persons. Witness my signature this ____________________ (date) . _____________________________ (Printed Name of Alpha) _____________________________ (Signature of Alpha) (Acknowledgment may vary by state) State of _____________________ County of ___________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this __________________ (date) , within my jurisdic tion, the within-named _____________________ (Name of Alpha ) , who acknowledged that he executed the above and foregoing instrument. ___________________________ NOTARY PUBLIC My Commission Expires: ____________________ Exhibit B Bill of Sale State of _____________ County of ____________ For and in consideration of Buyer’s assumption of the indebtedness for the hereinafter described property of Seller, which is evidenced by a note and secured by a lien on the property in the amount of $___________, the transfer by Seller to Buyer of title to (describe property) _______________________________________________ _____________________________________________________________________ , and all interest or right of ___________________ (Name of Beta) , the Seller , in the following described property, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the undersigned Seller does hereby grant, bargain and sell to _________________ (Name of Alpha) , the Buyer , all interest or right of the Seller in the following property: (Description of property) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Buyer shall have all rights and title to the goods in himself his executors, administrators, and assigns. Seller is the lawful owner of the property and the property is free from all encumbrances. Seller has good right to sell the property and will warrant and defend the right against the lawful claims and demands of all persons. Witness my signature this __________________ (date) . _____________________________ (Printed Name of Beta ) _____________________________ (Signature of Beta) (Acknowledgment may vary by state) State of _____________________ County of ___________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this __________________ (date) , within my jurisdic tion, the within-named ______________________ (Name of Beta) , who acknowledged that he executed the above and foregoing instrument. ________________________________ NOTARY PUBLIC My Commission Expires: ____________________