Fill and Sign the Contract Agreement Business Form

Contract or Agreement to Make Exchange or Barter of Real Property for Business and Personal Property Agreement made on the ______________ (date) , between ______________________ (Name of Party Alpha) of _______________________________________________________ ____________________ (street address, city, county, state, zip code) , referred to herein as Alpha , and _____________________ (Name of Party Beta) , of ________________________ _____________________________________ (street address, city, county, state, zip code) , referred to herein as Beta . For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Alpha hereby sells and agrees to convey to Beta , by a good and sufficient warranty deed, the following described real property: _________________________________________ ___________________________________ (description of property) , subject to the following encumbrances: (description of encumbrances) ____________________________________ ____________________________________________________________________________. 2. Beta hereby gives and grants in exchange his _________________________________ (type of business) located at ____________________________________________________ __________________ (address of business) , known as ______________________________ (trade name of business) , and hereinafter referred to as the Business, together with the following rights and articles of property of the Business : (e.g., description of leasehold interest, accounts receivable, furnishings, fixtures, and other assets of Business included in exchange) _________________________________________________________ ____________________________________________________________________________ ___________________________________________________________________________ . 3. It is further agreed that possession to the respective properties shall be transferred on ___________________ (date) . 4. 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. 5. 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. 6. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________. 7. 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. 8. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 9. 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. 10. 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. 11. 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. 12. 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. 13. In this contract, 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) (P rinted name) ________________________ _________________________ (Signature of Alpha) (Signature of Beta) (Acknowledgement 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 Alpha and Beta , who acknowledged that they executed the above and foregoing instrument. ________________________________ NOTARY PUBLIC My Commission Expires: ____________________