NOW PLEASE REVIEW THIS PACKAGE AND FOLLOW THE INSTRUCTIONS TO GET YOU SALE STARTED.
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- Egbert Lyons
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1 Thank you for contacting EnTrust Title Agency, LLC. Please find enclosed our for sale by owner package. This includes all of the required documents for selling property in the State of Ohio in addition to a Purchase Agreement, Instructions, our rate sheet and a variety of documents you might find helpful. Additionally, there is a sheet with instructions for completing the enclosed documents. It includes a breakdown of who is normally responsible for which costs. This can be changed if it is agreed upon and written into your signed purchase agreement. After you have agreed upon the terms of your sale, the purchase agreement (contract) needs to be fully completed and signed by all parties. If sellers bought or refinanced this property within the last ten (10) years, there could be applicable discounts. Sellers check your documents for an Owners Policy of Title Insurance. If you are not sure what this is, call or stop in our office. Once we have the purchase agreement, we will proceed with a title search. Upon lender approval, our Escrow department will prepare the closing documents with the final steps being the signing of the closing papers, recording the mortgage, deed, etc., and disbursement of all necessary checks. If this is a cash deal, which should be noted in the contract, we will not have to wait for financing and can proceed to preparation of the closing documents. NOW PLEASE REVIEW THIS PACKAGE AND FOLLOW THE INSTRUCTIONS TO GET YOU SALE STARTED. If you have any questions, do not hesitate to call our office. We are available to help you through the process. Sincerely, Sally Dorn, Marketing Director EnTrust Title Agency, LLC. enc. You can t spell Trust without Us! 117 East Third Street ^ Dover, Ohio Phone: ^ Fax:
2 INSTRUCTIONS Enclosed are the following: 1. One (1) copy of the Purchase Agreement 2. One (1) copy of the Residential Disclosure Form 3. One (1) copy of the Lead Paint Disclosure Form 4. One (1) Copy of the Lead Paint Pamphlet 5. One (1) Sellers Information Request 6. One (1) Buyers Information Request 7. Two (2) Notice of Availability and Offer of Closing Protection Coverage Seller is to complete the Residential Property Disclosure form and make a copy of said form. All parties are to sign both the original and the copy. Seller is to retain the signed copy and give the signed original to the buyer prior to signing the purchase agreement. The purchase agreement is to be completed per terms agreed upon by both parties, and 2 copies are to be made. All sellers and buyers must sign the original and both copies of the Purchase Agreement. Seller to receive originally signed agreement, Buyer to receive one originally signed copy and the third (3 rd ) copy is to be sent to EnTrust Title with the earnest money/ deposit check. Buyer(s) and Seller(s) to complete respective Information Requests and return to EnTrust Title Sellers and Buyers must each sign a Notice of Availability and Offer of Closing Protection Coverage and return to EnTrust Title. (IF HOME WAS BUILT PRIOR TO 1978) Complete the Lead Paint Disclosure Form and make a copy. Seller is to sign both copies and Buyers (Purchasers) are to initial both copies on lines (c), (d), and (e). Each party is to receive a signed copy. Buyer is to receive the Lead Paint Pamphlet. You can t spell Trust without Us! 117 East Third Street ^ Dover, Ohio Phone: ^ Fax:
3 PURCHASE AGREEMENT THIS AGREEMENT made and entered into this day of, 200, by and between, of County,, hereinafter referred to as "SELLER" and, of County,, hereinafter referred to as "PURCHASER". The undersigned PURCHASER offers and agrees to purchase the following described property located in County, Ohio, said property being known as:. 1. This property to be conveyed by SELLER in its present physical condition, but subject to all zoning laws and ordinances, and all easements, conditions and restrictions appearing of record, for which the PURCHASER agrees to pay the Purchase price of...$ Deposit with this agreement: $ Additional deposit $ Balance at closing $ 2. PURCHASER shall use his best effort to obtain a loan commitment for the amount to be financed. If PURCHASER has failed to obtain a loan commitment by, 200 this agreement, at SELLER'S written election, shall be deemed null and void and all monies in trust shall be returned to PURCHASER without further liability by, between and among SELLER and PURCHASER. 3. This Agreement is further contingent upon :
4 4. The SELLER shall furnish through ENTRUST TITLE AGENCY, LLC., an Owner's Policy of Title Insurance in the amount of the purchase price, the cost of the premium and commitment to issue said policy shall be divided equally between SELLER and PURCHASER. PURCHASER and SELLER agree to pay one half of a cash closing fee, if any. The SELLER shall pay the cost of the deed preparation. The SELLER shall pay all taxes and assessments, both general and special, based on the current tax duplicate, pro-rated to the date of closing. The SELLER shall pay the conveyance fee or provide a statement of exemption therefrom. The PURCHASER shall pay the cost of recording the deed and the cost of a location survey, if a survey is required by the PURCHASER'S lender. Other conditions: 5. The SELLER shall convey the property by good and sufficient deed. PURCHASER S names as they are to appear on the deed (please print) Survivorship deed: yes no Transfer on death deed: yes** no (**Contact EnTrust Title Agency, LLC. with names and addresses of beneficiaries) 6. CLOSING shall be on or before, 200, at an office of ENTRUST TITLE AGENCY, LLC. 7. POSSESSION shall be given to the undersigned PURCHASER on, 200. The SELLER shall pay all utility charges to the last date of possession of said property by the SELLER. 8. The property passing under the contract shall be inspected for termites and if active infestation is found, cost of inspection and treatment shall be paid by SELLER. 9. The property passing under this agreement shall include the following now on the premises if not specifically excepted, in their present condition: all buildings and fixtures including all electrical, heating, plumbing and bathroom fixtures, all window and door shades, blinds, awnings, screens, storm sashes and curtain rods, all landscaping, garage door openers, TV antennas, balance of fuel on premises, (water softener not included unless specified herein), any other item normally considered to be a fixture and:
5 10. If improvements on the subject premises shall be destroyed or substantially damaged by fire, windstorm, or other casualty prior to passing of title, the undersigned PURCHASER shall have the option to (a) terminate this agreement and recover all deposits made hereunder; or (b) complete the purchase and all proceeds from the insurance due to SELLER shall be paid over to the PURCHASER. 11. If the PURCHASER fails for any reason to perform on this contract at the time and in accordance with the terms and conditions set forth and contained herein, the PURCHASER shall be liable to the SELLER (in addition to the SELLER'S remedy of specific performance) for all expenses incurred by the SELLER for all title and escrow expenses and for such damages which may occur to the SELLER as a result of a breach of this contract, and the forfeited earnest money will be applied on said damages. 12. This offer shall be open for acceptance until midnight, 200, and if not accepted, all amounts paid by PURCHASER shall be returned to PURCHASER and this offer shall become null and void. 13. PURCHASER acknowledges that except as herein before noted, the property is being purchased in its present physical condition after examination and inspection by PURCHASER with no express or implied representation or warranties by the SELLER as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. PURCHASER further acknowledges that PURCHASER is relying solely upon such examination and inspection with reference to condition, value, character and dimensions of the property, improvements, component systems and fixtures. PURCHASER acknowledges that neither SELLER nor seller's agents have made any representation or warranties upon which PURCHASER has been induced to rely, rather, SELLER and seller's agents have encouraged PURCHASER to conduct a thorough and independent inspection of the premises. PURCHASER has either (a) conducted to PURCHASER'S satisfaction such an inspection or (b) hereby waives such inspection and agrees to indemnify and save harmless the SELLER and the seller's agents from any claims arising our of PURCHASER'S failure to conduct such an inspection. 14. This constitutes the sole and entire agreement between the parties hereto and no modification of this contract shall be binding unless attached hereto and signed by the SELLER and the PURCHASER. This
6 Agreement shall be governed by Ohio law and shall bind and benefit the parties, their heirs, executors, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands to duplicate copies hereof the day and year first above written. SELLER: Social Security Number Address Phone number Social Security Number Address Phone Number Marital Status if married, please provide name of spouse PURCHASER: Social Security Address Phone number Social Security Address Phone Number Marital Status H:\sjd\FORMS\Purchase Agreement.doc\1/7/04\
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12 NOTICE OF AVAILABILITY AND OFFER OF CLOSING PROTECTION COVERAGE Seller: Buyer: Borrower: Lender: (Office use only) Re: Licensed Agent : Premises: Commitment/File No.: Notice of Availability of Closing Protection Coverage Pursuant to Ohio Revised Code Section , you are hereby notified of the availability of Closing Protection Coverage from First American National Title Insurance Company in connection with the abovereferenced transaction for the premium stated in the Offer of Closing Protection Coverage outlined below. Closing or settlement of a real estate and/or mortgage loan transaction can be characterized as having two components. One component pertains to the title to the Premises and the title insurance policy therefore. The other component pertains to the handling of funds and documents by the Licensed Agent. A title insurance policy does not cover losses due to the mishandling of funds or documents by the Licensed Agent. However, Closing Protection Coverage, as outlined below, does provide such protection. Description of Coverage: The Closing Protection Coverage indemnifies you against the loss of settlement funds resulting from any of the following acts of the Licensed Agent or anyone acting on behalf of the Licensed Agent, subject to certain conditions and exclusions specified in the Closing Protection Coverage Form: (1) Theft, misappropriation, fraud, or any other failure to properly disburse settlement, closing or escrow funds; and (2) Failure to comply with any applicable written closing instructions, when agreed to by the Licensed Agent. You are covered by a Closing Protection Coverage Form only if it is specifically addressed to you. A copy of the Closing Protection Coverage Form is available upon request. Offer of Closing Protection Coverage Form CP-24.1 Pursuant to Ohio Revised Code Section , you are hereby offered Closing Protection Coverage from First American National Title Insurance Company in connection with the above-referenced transaction. Premium for Coverage: The premium for the Closing Protection Coverage is $35.00 for Lender; $50.00 for Seller; $15.00 for Buyer/Borrower; and $15.00 for any other applicant for title insurance, and in no case shall the premium be less than $35.00 for this coverage in any transaction. Acceptance of Offer/Declination of Offer I (We), the undersigned, acknowledge receipt of this Notice of Availability of Closing Protection Coverage and Offer of Closing Protection Coverage and do accept the said Offer do not accept the said Offer If this Offer is accepted, the undersigned hereby agrees to pay the applicable premium. Signed: Signed: Printed Name: Printed Name: Dated: Dated: A lender s closing instructions requiring Closing Protection Coverage is deemed to be its acknowledgement of receipt of the Notice of Availability of Closing Protection Coverage and its acceptance of the Offer of Closing Protection Coverage.
13 NOTICE OF AVAILABILITY AND OFFER OF CLOSING PROTECTION COVERAGE Seller: Buyer: Borrower: Lender: (Office use only) Re: Licensed Agent : Premises: Commitment/File No.: Notice of Availability of Closing Protection Coverage Pursuant to Ohio Revised Code Section , you are hereby notified of the availability of Closing Protection Coverage from First American National Title Insurance Company in connection with the abovereferenced transaction for the premium stated in the Offer of Closing Protection Coverage outlined below. Closing or settlement of a real estate and/or mortgage loan transaction can be characterized as having two components. One component pertains to the title to the Premises and the title insurance policy therefore. The other component pertains to the handling of funds and documents by the Licensed Agent. A title insurance policy does not cover losses due to the mishandling of funds or documents by the Licensed Agent. However, Closing Protection Coverage, as outlined below, does provide such protection. Description of Coverage: The Closing Protection Coverage indemnifies you against the loss of settlement funds resulting from any of the following acts of the Licensed Agent or anyone acting on behalf of the Licensed Agent, subject to certain conditions and exclusions specified in the Closing Protection Coverage Form: (3) Theft, misappropriation, fraud, or any other failure to properly disburse settlement, closing or escrow funds; and (4) Failure to comply with any applicable written closing instructions, when agreed to by the Licensed Agent. You are covered by a Closing Protection Coverage Form only if it is specifically addressed to you. A copy of the Closing Protection Coverage Form is available upon request. Offer of Closing Protection Coverage Form CP-24.1 Pursuant to Ohio Revised Code Section , you are hereby offered Closing Protection Coverage from First American National Title Insurance Company in connection with the above-referenced transaction. Premium for Coverage: The premium for the Closing Protection Coverage is $35.00 for Lender; $50.00 for Seller; $15.00 for Buyer/Borrower; and $15.00 for any other applicant for title insurance, and in no case shall the premium be less than $35.00 for this coverage in any transaction. Acceptance of Offer/Declination of Offer I (We), the undersigned, acknowledge receipt of this Notice of Availability of Closing Protection Coverage and Offer of Closing Protection Coverage and do accept the said Offer do not accept the said Offer If this Offer is accepted, the undersigned hereby agrees to pay the applicable premium. Signed: Signed: Printed Name: Printed Name: Dated: Dated: A lender s closing instructions requiring Closing Protection Coverage is deemed to be its acknowledgement of receipt of the Notice of Availability of Closing Protection Coverage and its acceptance of the Offer of Closing Protection Coverage.
14 BUYER INFORMATION REQUEST FILE NUMBER: PLEASE COMPLETE THIS FORM ASAP AND RETURN IN THE ENVELOPE PROVIDED LEGAL NAME: BUYER 1: FIRST MI LAST SOCIAL SECURITY NUMBER: BUYER 2: FIRST MI LAST SOCIAL SECURITY NUMBER: MARITAL STATUS OF BUYERS: LEGALLY MARRIED UNMARRIED OTHER HOME ADDRESS: TELEPHONE NUMBERS: (PLEASE LIST ALL # S ESPECIALLY WHERE TO REACH YOU DURING THE DAY) DAYTIME PHONE: EVENING PHONE: CELL PHONE: ADDRESS: PREFERENCE TO BE CONTACTED: PHONE NAME OF LENDER (BANK): PHONE #: CONTACT PERSON REALTOR: PHONE #: HOMEOWNERS INSURANCE AGENCY : PHONE#: CONTACT PERSON: NAME (S) AS THEY ARE TO APPEAR ON THE DEED: FORM OF WARRANTY DEED TO BE PREPARED: SURVIVORSHIP DEED (upon death transfers to the survivor) GENERAL WARRANTY DEED ARE YOU A VETERAN OR 55 OR OLDER TO TAKE ADVANTAGE OF OUR SPECIAL PROGRAMS? Y N My/Our signature(s) below authorize Entrust Title Agency, LLC. to act on my/our behalf to obtain any information pertinent or needed to close this transaction. signature signature date date You can t spell Trust without Us! 117 East Third Street ^ Dover, Ohio Phone: ^ Fax:
15 SELLERS INFORMATION REQUEST FILE NUMBER: PLEASE COMPLETE THIS FORM ASAP AND RETURN IN THE ENVELOPE PROVIDED LEGAL NAME: SELLER 1: FIRST MI LAST SOCIAL SECURITY NUMBER: SELLER 2: FIRST MI LAST SOCIAL SECURITY NUMBER: MARITAL STATUS OF SELLERS: LEGALLY MARRIED UNMARRIED OTHER HOME ADDRESS: TELEPHONE NUMBERS: (PLEASE LIST ALL # S ESPECIALLY WHERE TO REACH YOU DURING THE DAY) DAYTIME PHONE: EVENING PHONE: CELL PHONE: ADDRESS: PREFERENCE TO BE CONTACTED: PHONE CURRENT MORTGAGES COVERING THIS PROPERTY (1) NAME OF LENDER (BANK) LOAN NUMBER: PHONE #: CONTACT PERSON (2) NAME OF LENDER (BANK) LOAN NUMBER: PHONE #: CONTACT PERSON REALTOR: PHONE #: PROPERTY IS IS NOT MY (OUR) PRIMARY RESIDENCE. PROPERTY IS IS NOT CURRENTLY BEING RENTED OUT. IF PROPERTY IS A CONDOMINIUM, PLEASE PROVIDE ASSOCIATION CONTACT PERSON S NAME & PHONE NUMBER: NAME: PHONE: ASSESMENT AMOUNT $ DUE (monthly, quarterly, annually) ARE YOU A VETERAN OR 55 OR OLDER TO TAKE ADVANTAGE OF OUR SPECIAL PROGRAMS? Y N My/our signatures below authorize Entrust Title Agency, LLC. to act on my/our behalf to obtain any information pertinent or needed to close this transaction, including but not limited to prior title evidence, loan payoffs, etc. signature signature date date You can t spell Trust without Us! 117 East Third Street ^ Dover, Ohio Phone: ^ Fax:
16 Seller s form Authorization to Release Title Evidence If this property was bought or refinanced within ten (10) years or less, the owner could be entitled to a reissue discount on the title insurance policy. Please let us know where the closing or refinance signing took place and sign the authorization below for us to obtain prior evidence of title and be able to offer a reissue discount. PRIOR CLOSING OR REFINANCE AT: (Title Agency, Attorney, or Lender - Please include address & telephone number if out of Dover/Phila area.) CUSTOMER NAME: PROPERTY ADDRESS: I authorize ENTRUST TITLE AGENCY, LLC to act on my behalf to obtain a copy of my owner s Title Insurance Policy and/or a copy of my location survey for the above mentioned property. Signed Date Return this completed, signed form and all other completed forms to: ENTRUST TITLE AGENCY, LLC You can t spell Trust without Us! 117 East Third Street ^ Dover, Ohio Phone: ^ Fax:
17 American Electric Power (AEP Carroll co-op Electric Dover Utilities (electric, water, sewer & trash) Frontier Power Atwood Sewer Tuscarawas County Water-Sewer Twin City Water & Sewer New Philadelphia Water & Sewer ext.506 Columbia Gas Dominion East Ohio Ameritech Verizon Adelphia Cable For your convenience, please retain until time to transfer your utilities.
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