Residential Lease With Option To Purchase Form Page 3

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119
120
25. PRORATIONS: Tax and
insurance escrow account, if
any, to be transferred intact to Lessee with
no proratlons.
121
Interest
and other expense of the property to be prorated as of the date of closing. Unpaid real estate taxes,
security
122
deposits,
advance rentals, or considerations involving future lease credits shall be credited to the Lessee.
123
124
26. OPTION TO
PURCHASE: Lessee's option to purchase may be exercised by mailing or delivering written
notice to the
125
Lessor prior to the expiration of this option. Notice, if mailed, shall be
by
certified mail; postage prepaid,
to the Lessor
at
126
the
address set forth below, and shall be deemed
to
have been given upon the day shown on the postmark
on the
127
envelope
in
which
such
notice
is
mailed.
128
129
In
the event
the
option is exercised __________percent
of the
rent paid hereunder, as
well
as any
security deposit and/or
130
option consideration paid, prior to the exercise
of
the option shall be credited
to
the purchase price.
131
132
27. RIGHT TO SELL: Lessor warrants to Lessee that Lessor is the legal owner of the leased premises and has the legal
133
right to sell leased premises under the terms and conditions of this agreement,
134
135
28. ZONING: Unless the property
is
properly zoned for residential________________ use
and there are no deed
136
restrictions against such use
at
the time of closing, the Lessee shall have the right to terminate
this contract and receive a
137
full refund of any and all deposits made by Lessee hereunder.
138
139
29. OBLIGATIONS: Lessee is not obligated to exercise the option to purchase defined
by
the
Agreement arid Lessor is
140
not obligated to
convey fee title to Lessee at any time other than if Lessee elects (within
the
bounds
and according to the
141
terms
set by
this
Agreement) to exercise Lessee's option to purchase.
142
143
30. LANGUAGE; where
the context requires, the terms Lessor and Lessee shall include and are
in the masculine as well
144
as
the feminine and singular as well as plural. Headings in this contract are for convenience only and
shall not affect the
145
interpretation
of
it.
146
147
31. NO
PARTNERSHIP: The parties do not,
as a
result of entering
into
this Agreement,
in
any way
or for any purpose
148
become
partners of each other in the conduct of the other's business, or otherwise, or joint ventures or as members
of a
149
Joint
enterprise with Lessee.
150
32. FAX TRANSMISSION AND COUNTERPARTS: Facsimile (fax) transmission
of a
signed copy of
this Agreement, any
151
addenda and counteroffers, etc., and the retransmission of any signed fax shall be the same as delivery of
an original.
152
This
Agreement and any addenda and counteroffers may be executed in counterparts.
153
154
33. FORUM AND JURISDICTION: This Agreement shall be governed in accordance by the statutes and laws of the state.
155
The
state shall have jurisdiction over any action, whether at law or equity, commenced by the parties to this Agreement.
156
157
34. ACKNOWLEDGEMENTS: Lessor hereby warrants and acknowledges publicly
and
specifically to Lessee
that:
158
a, I have received good and valuable consideration in signing this Agreement, and I acknowledge both the
159
receipt and the sufficiency of the consideration.
160
b.
I am
satisfied with this Agreement and have agreed to it because it is
in my
best Interest
to do so.
161
c.
I
am
signing this Agreement being fully informed and with sufficient understanding
of
all terms
and
conditions
162
contained therein. I am not confused about any aspect of this Agreement,
163
d,
I
understand I may be offering to lease and/or sell the Property for less than it could be leased or sold for at
164
market value but have chosen the price and terms specified because circumstances dictate that this Agreement is
165
in my
best interest, I am satisfied with the price and terms negotiated.
166
e. I understand that by signing this Agreement, I have agreed to lease and/or sell the Property
to
Lessee
and am
167
not
bound by the terms and conditions described herein.
I
further understand that I cannot change
my mind,
168
cancel the contract
at some later date without consequence, nor continue
to
market the Property
to any other.
169
f,
I
understand the final sale
may be
contingent upon Lessee's Inspection and approval
of certain
items,
170
g.
I
understand and agree that Lessee may assign this Agreement to another party.
171
h.
I
understand Lessee may
resell,
release,
or take
similar measures and may
realize
a profit in doing so. I agree
172
that Lessee is entitled
to
any profit
that
may ultimately
result
from
the subsequent resale,
release, assignment,
173
etc.
174
i.
I
acknowledge that Lessee has advised me to seek independent legal or other professional counsel, at
my
175
sole discretion, to review this Agreement,
176
j.
I understand that Lessee has negotiated on
his
own behalf
and likewise, I have negotiated on mine. I
177
acknowledge this Agreement has
been negotiated fairly.
LESSEE'S INITIALS
___
DATE ___
LESSOR'S INITIALS
____
DATE _____ Page
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