ONLINE AGREEMENT FOR THE SALE AND PURCHASE OF REAL
ESTATE - WITH OR WITHOUT TERMS
This AGREEMENT is made and entered into on the day the first payment of
any kind or amount for the purchase of real estate is made to Edwin J.
and/or Dianna L. Nagle (hereinafter called "Seller"). Placing this contract
on Seller's Website and the making of any payment by anyone (hereinafter
called "Buyer") provides sufficient proof that both parties have read this
contract, are in agreement with each of its provisions, and executes this
instrument as a legally binding contract on both parties.
WITNESSETH, that in consideration of the mutual Covenants to be performed
between the respective Parties hereto as hereinafter expressed, it is agreed
between the Parties hereto as follows:
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Seller hereby sells and agrees to convey unto Buyer all of Seller's Right,
Title and Interest in that certain piece or parcel of land that Buyer is
making payment for (hereinafter called "Premises"), subject to: Premises
still available for sale at the time first payment is made; each recorded
plat or plats is/are subject to the easements, notes, encumbrances and
limitations, and other indicated restrictions, if any, in said plat or
plats and subject to the conditions and restrictions as set forth in the
applicable Bill of Assurance and Amendments thereto, if any, of record
in the office of the Circuit Court Clerk and Ex-Officio Recorder of the
County and State in which Premises is recorded; and further subject to
the following conditions:
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Buyer hereby purchases said Premises of Seller and agrees to pay Seller
the full amount of the purchase price plus closing costs and interest and
late payment penalties if any.
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Seller warrants each lot to be free and clear of all debts except current
taxes and Suburban Improvement District (SID) or Property Owner Association
(POA) fees if any. Buyer agrees to pay all taxes and SID or POA fees that
become due and payable or delinquent from the time this contract is executed
by Buyer making a payment of any kind. If the title remains in Seller's
name as security, Seller will forward the tax and SID or POA fees bill
to Buyer who hereby agrees to and will make the payments promptly.
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If Buyer is purchasing property on terms, Buyer shall have the right to
pay the whole, or any part of the balance remaining unpaid at any time,
with no prepayment penalty whatsoever.
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If Buyer shall make all payments as provided, and shall observe and perform
all Conditions and Agreements herein made, Seller shall thereupon, by good
and sufficient Warranty Deed, or Limited Warranty Deed, convey Premises
to Buyer on the Conditions herein Agreed. Deed/s shall be prepared, signed,
notarized, and delivered to Buyer within a reasonable time after Seller
has received full payment, or after a trust deed or other instrument, if
applicable, has been recorded. If a trust deed or other instrument is carried
by Seller, Seller shall promptly release the deed or instrument when full
payment has been made by Buyer. Buyer will have Deed/s recorded in Buyer's
name and address at the proper County Courthouse within a reasonable time
after receiving Deed/s if not already recorded by Seller. Seller will provide
instructions to make recording an easy process, or will take care of recording
Deed/s for Buyer.
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If a payment is 10 days or more late, Buyer will be charged 10% of the
unpaid portion of the regularly scheduled payment. Deed/s will not be delivered
to Buyer, or trust deed or other instrument if applicable will not be released,
until all late fees are paid in full. Failure to make a payment for three
consecutive months shall constitute a "Default". Failure to make all payments
in full as agreed upon in any other note or exchange of emails shall also
constitute a Default.
Default
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If Buyer shall have failed to perform any of the Covenants or Conditions
contained in this Contract (DEFAULT), Seller may give Buyer written notice
specifying the Default which has occurred and inform Buyer in such notice
that if such Default continues for a period of ten days after service of
notice that Seller will immediately thereafter declare this Contract Void
and Forfeited, and ALL PAYMENTS MADE ON THIS CONTRACT SHALL BE IMMEDIATELY
DUE AND PAYABLE, NOTWITHSTANDING THAT THE PERIOD SPECIFIED FOR FULL PAYMENT
OF THE WHOLE SUM MAY NOT THEN HAVE EXPIRED, AND FURTHERMORE, SELLER MAY
ADDITIONALLY DECLARE THAT ALL PAYMENTS ALREADY MADE ARE FORFEITED TO SELLER
AS STIPULATED DAMAGES FOR FAILURE TO PERFORM. If Buyer has taken possession
of Premises, Seller shall be entitled to immediate peaceable possession
of Premises without notice, and may remove Buyer and all persons claiming
under Him/Her therefrom. In addition to any other remedy, Seller, upon
Default being made, may consider Buyer as a tenant holding over without
permission and remove Buyer from said premises according as the law in
such case provides.
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All written notices permitted or required by this Contract to be given
to the Parties hereto shall be at their respective mailing locations, or
email address indicated on the last payment instrument.
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All buildings, trees or other improvements now on said Premises, or hereafter
made or placed thereon, shall be considered a part of Premises, and shall
be security for the performance of this Contract and may not be removed
therefrom, except as may be necessary to improve Premises by constructing
a driveway or building site. Buyer shall not commit, or suffer any other
person to commit, any waste or damage to Premises and shall keep Premises
in its new and/or improved condition.
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Buyer accepts Premises as-is, and agrees that no verbal promises have been
made which do not appear in writing. Buyer certifies that Buyer has personally
inspected or had a representative inspect, or is otherwise satisfied, and
is not relying and shall not hereafter rely upon any warranties, representations
or statements of Seller whatsoever. Buyer assumes full responsibility as
to suitability of Premises for any particular purpose.
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In the event that any provisions of this Agreement shall be held to be
invalid, the same shall not affect, in any respect whatsoever, the validity
of the remainder of this Agreement.
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Failure of Seller to exercise His/Her Rights under this Contract shall
not be deemed as a waiver by Seller to exercise said Rights at any time.
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Seller may enforce His/Her rights under this Contract in the State of Arkansas,
or may enforce this Contract in any other manner now or hereafter provided.
This Agreement and the construction thereof shall be interpreted under
the laws of the State of Arkansas, United States of America. Certain provisions
and options regarding Arbitration may apply. In any event, BUYER AGREES
TO HOLD SELLER LIABLE ONLY TO THE EXTENT OF RETURNING ANY MONEY BUYER HAS
ACTUALLY GIVEN TO SELLER FOR THE PURCHASE OF PREMISES, AND NOT LIABLE FOR
ANY OTHER CONCEIVABLE DAMAGES OR SUPPOSED LIABILITIES BEYOND THAT AMOUNT
WHATSOEVER, AT ANY TIME.
This Agreement is read, understood, and executed as provided above as if
signed in handwriting by both Parties hereto. Evidence that Buyer has visited
any of Seller's Web Pages containing a hyperlink to this Contract constitutes
proof that Buyer has read the contract. Any payment whatsoever made by
Buyer to Seller is proof that Buyer is in agreement with each and every
provision and covenant of this Contract.
Signature of Edwin J. and Dianna L. Nagle (Seller) as provided above.
________________________________ Date ______
Edwin J. Nagle and Dianna L. Nagle
3620 Big Creek Road
Ontario, CA. 91761
(909) 947-6338 res. (909) 947-1465 fax.
Buyer's Signature as provided above.
___________________________________ Date______
___________________________________ Date______
You are always welcome to submit for our signature
a contract prepared by your own attorney, at your expense, as long as the
instrument conforms with Arkansas laws.