Real Estate Estate Transaction Form

REAL ESTATE TRANSACTION AGREEMENT

This Real Estate Transaction Agreement (the "Agreement") is made and entered into as of by and between Seller Name: with Seller Address: and Buyer Name: with Buyer Address: .

RECITALS

WHEREAS, Seller is the owner of certain real property and improvements commonly known as (the "Property");

WHEREAS, the parties desire to set forth the terms and conditions pursuant to which Seller will sell and convey, and Buyer will purchase and accept, the Property described by the legal description and supplemental provisions set forth below;

WHEREAS, the parties intend that this Agreement constitute a binding, enforceable contract upon execution in accordance with the terms contained herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. PROPERTY DESCRIPTION

2. PURCHASE PRICE AND PAYMENT

2.1 Purchase Price. Buyer shall pay to Seller the total purchase price of $ (the "Purchase Price"), subject to adjustments and prorations as provided herein.

2.2 Earnest Money. Upon execution of this Agreement, Buyer shall deliver earnest money in the amount of $ payable to Escrow Holder: to be held in escrow and applied to the Purchase Price at Closing.

3. CLOSING

3.1 Closing Date. The closing of the transactions contemplated by this Agreement ("Closing") shall occur on or before at a location designated by the parties or the title/escrow agent.

3.2 Deliveries at Closing. At Closing, Seller shall execute and deliver to Buyer a General Warranty Deed Special Warranty Deed Quitclaim Deed, together with any affidavits, releases, and other documents reasonably required to transfer fee simple marketable title to Buyer, free and clear of liens except as expressly permitted by this Agreement.

4. TITLE, SURVEY AND INSURANCE

4.1 Title. Seller shall, at Seller's expense, provide to Buyer at least ten (10) days prior to Closing a current preliminary title report and copies of all recorded exceptions and encumbrances affecting the Property. Buyer shall have the right to object to any title exceptions that are not permitted by this Agreement.

4.2 Title Insurance. At Closing, Buyer may obtain an owner’s title insurance policy insuring marketable title to the Property in the amount of the Purchase Price. Cost of the owner’s policy shall be paid by .

5. INSPECTIONS AND CONDITION

5.1 Inspection Period. Buyer shall have days from the Effective Date to conduct inspections and tests of the Property. If Buyer timely delivers written notice of unsatisfactory inspection results, the parties shall attempt in good faith to agree upon remediation or a credit; failing agreement, Buyer may terminate this Agreement by written notice to Seller prior to expiration of the Inspection Period and receive a refund of Earnest Money.

5.2 "As-Is" Purchase. Unless the parties agree in writing to repairs or credits, Buyer accepts the Property in its present physical condition, ordinary wear and tear excepted, subject to Seller’s affirmative representations and warranties set forth herein.

6. REPRESENTATIONS AND WARRANTIES

6.1 Seller Representations. Seller represents and warrants to Buyer that: (a) Seller is the owner of the Property with authority to convey title; (b) there are no undisclosed liens, leases, agreements, or legal actions affecting the Property other than those disclosed in writing to Buyer; and (c) Seller has not received notice of any condemnation or special assessment pending against the Property.

6.2 Buyer Representations. Buyer represents that Buyer has the financial capacity to close and realizará all acts necessary to consummate the transaction in accordance with this Agreement.

7. PRORATIONS, TAXES AND UTILITIES

Real estate taxes, assessments, rents, utilities, and other customary proratable items shall be prorated as of Closing. The parties shall use the most recent tax rate and bill available for proration. Any adjustments required by final tax bills shall be the responsibility of the party entitled under applicable law.

8. RISK OF LOSS

If, prior to Closing, the Property is materially damaged or destroyed by fire or other casualty, Buyer may elect to (a) proceed to Closing and accept the Property with a credit for actual repair or insurance proceeds, or (b) terminate this Agreement and receive a refund of Earnest Money. If Seller carries insurance that covers loss, Seller shall assign to Buyer any right to proceeds to the extent required to restore or convey the Property as agreed.

9. DEFAULT AND REMEDIES

If Buyer defaults, Seller may retain Earnest Money as liquidated damages or pursue other available remedies at law or equity. If Seller defaults, Buyer may elect to (a) terminate and receive return of Earnest Money, or (b) seek specific performance and damages. The parties acknowledge that remedies at law may be inadequate and that equitable relief including specific performance may be appropriate.

10. NOTICES

11. AMENDMENTS, WAIVER AND COUNTERPARTS

This Agreement may be amended only by a writing signed by both parties. No waiver of any term or breach shall be effective unless in writing signed by the waiving party. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. Venue for any action arising out of or related to this Agreement shall lie in the appropriate state or federal court located in the county in which the Property is located.

13. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, including all exhibits, schedules and addenda incorporated by reference, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, such invalidity shall not affect the remaining provisions which shall continue in full force and effect.

14. ADDITIONAL TERMS

15. REPRESENTATIVE CONTACTS

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