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<br />20070509Z
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<br />nccission, Termination or Uefault: If Buyer fllils 10 consummate this purchase according to the terms of this agreement, Seller may. al Seller's option,
<br />retain Ihe earnestmuney as liquidated damages lilr such failure, or utilize such othcr legal remedies as arc available to Sl'ller by reason or Sudl railure If
<br />this agreelllelll is rescindcd or lerminlllcd by either party wilhoullllull as allowed 11\:reby, each party shall bear his or hcr l'lISts and thc carncslmoncy
<br />shall he rclilllded.
<br />F.I.R..P.T.A. (Forcignlnvcstmcnt and Real PI'ollerty Tax Act): The fim:ign Investment and Reall'roperty Tax Act requires a Buyer ofn.:al property
<br />10 withhold Len pcrcCnL ( 10%.) of the sale price and to deposit that amount with the Internal Revenue Service upon closing, if the Seller is a fi>reign
<br />pelslln, Iim;ign corponllion or partnership, or non-resident alien, unless the property qualities Il>r an exemption under the ad. Unless it is established that
<br />the transaction is exempt bt:clulse the purchase price is $300,000 or less and the Buyer intends to use the properly as his primary n.:sidence. Seller
<br />agret:s 10: (a) I'rovillt.:..l~ker with a Non-Foreign Seller Anidavit (PPC Form 10 I-V) stating undcr penally of perjury that Sdler is not a fordgn pt:rson:
<br />llI':(b) Provide Broker witb a Ct:rliflcate from the Internal Revenue Service establishing that no federal income tax withholding is required: or
<br />(c) Suhparagraphs (a) or (h) to be provided to Buyer within _ days of acceptance or Seller consents 10 withholding ten percenl (10%) li'om
<br />the s,lIe proceeds, to he deposited with Ihe I nternal Revenue Service.
<br />'1':111: Deferred ~:xchange: In the event the Selkr wishes to enter into a tax deterred exchange for the real property described herein, or if lluyer wishes
<br />to t:nta into a tax dderred exchange with respect to property owned by him in connection with this transaction, each of the parties agrees to cooperate
<br />with the 'lther party in conneetioll with such exchange, including the execution of such documents as may bc reasonably necessary to effectuate tht: same.
<br />I'rovided that: (a) The other party shall not be obligated to delay the closing, (b) All additional costs in connection with the exchange should be borne
<br />hy Ihc party requesting the exchange, and (c) The other parly shall not be obligated to execute any nOle, contract, det:d, or other document providing
<br />for any pcrsonalliability which would survive the exchange, nor shall the olher party be obligated to take title to any property other than the prOpcrly
<br />,kseriht:d in Ihis agreemcnt. Tht: other party shall be indemnitied and held harmless against any liability which arises or is claimcd to havc arisen on account
<br />of Ihe acquisition of the t:xchange r~'
<br />nights of Persuns in Possession: . ]Ifchecked, this property is sold suhject to the rights of persons in possession. Rents shall he prorated to date of
<br />closing. SecurilY deposils, advance rentals or considerations involving future lease credits shall be credited to Buyer. Huyer acknowledges that trade
<br />flxlures located in the premises may belong to tenants and may he removed upon the conclusion of the tenancy. LVllf checked, Pllrclmst: is subjeclto
<br />Buyer's inspection and approval of the leases which shall he treated as an inspection above. Promptly after execution hereoC Seller shall provide Buyer with
<br />copit:s of all leases and rental agreements, notices to or from tenants, claims made to or by tenants, a statement of rents owillg and damage or
<br />securily deposits held and a sUlllmary of all oral agreements with tenants which alTect the operation or ownership of the premises. Scller shall warrant the
<br />lilrl'going disclosures as lruc and correct. Seller agrees that no changes in the existing leases or rental agreements shall be made nor ncw leases or rental
<br />agreelllclll:: enlen:d into nor shall any substantial repairs or alterations bc commenced without the express written consent of the Buyer. Buyers
<br />obligations hereunder arc conditioned upon receipt at closing of an estoppel certilicate from each tenant acknowledging that the lease or rental agrecment
<br />is in el1i:ct, that no lessor dcfllUIt exists, and stating Ihe amount of any prepaid rent or deposits.
<br />IIll,ollle/Expense: I~~ If checked, the purchase is subject to Buyer's inspection and approval of the operating statement of the premises. I'romptly
<br />lltkr eXt:cution hereof Seller shall provide a statement of rental income and expenses for the premises which Seller shall warrant as true and correct.
<br />Such inspeclion sh;tll be treated us an inspection above.
<br />Service Contracts: Selkr ugrees to provide to Buyer a copy of any service and/or equipment contracts with respect to the property which extend beyond
<br />closing. Buyer agrees tll assume such contracts.
<br />l~nvirOllHlelltal: [----jlfehecked, Ihe purchase is contingent upon the satisfactory environmental quality of the I'roperty. On or hefore Ihe inspection
<br />deadline, Buyer may request II Phase I environmental review at its expense which shall be promptly ordered. I r the results raise a question of
<br />cnvironmental qualilY, Buyer may request filrlher study and delay closing as necessary, accept the property as is or rescind Ihe agreement. If filrther
<br />study is requested, Buyer shall have kn days atier receipt of the study results to accept the property as is or rescind this agreement. Copies of all requests fllr
<br />environmental investigation and the rt:sults thereof shall he provided to both Buycr and Seller. If the environmental investigation is not completed by
<br />__ either party may rescind this agreement.
<br />Use: I ~ecked, Buyer intends to use the premises Illr a specific purpose, Buyer may rescind this agreemcnt on or belllre the recission deadline
<br />if B~lyer determines that zonin or land use restriction prohibits such intended use. The purpose is as fllllows: i~Li:fIEKA'--
<br />_~fnJ.jT C . . IfSS
<br />Acceptance ll:lte: This offer is nullllnd void ifnotllcecpted by Seller on or bcfort:. _<'~ At?1' , 200"7 at -.12 o'clock ~.<./ .~
<br />Counterparts: This agreement may be executed in ont: or more counterparts, each of \vhic 1 is deemed to be an oribnlll ht:reof, und all of whieh shall
<br />log.ether constitute one and the same instrument.
<br />Fax Transmission: The fllcsimile transmission of a signed copy hereof or any counter otl'er to the other party or his/her agent filllowed by faxed
<br />ad.;.nowledgment of receipt, shllll constitute delivery of said signed document. The parties agree to confirm sLlch delivery by mailing or personally delivering
<br />a signed copy to the other party or his/her agent.
<br />Entire Agreement: This document contains the entire agreement of the parties and supercedes all prior agreements or representations oral or written with
<br />respect to the Property which are not expressly set forth herein or incorporated herein by reference, This agreement may bc modified only by a writing
<br />signed and dated by both parties. All express representations and Warranties shall survive closing. Both parties acknowledge that they have not relied on
<br />any statements of the eal estate agent or broker which are not herein expressed except
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<br />BIlYER .~ <}.-:;k. '. DATE~t1Z2..-sS#/FedID#
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<br />lllJYER ,:-:-:::L.'-, . ____ DATE~P-'le'LSSII/FedID# .__~,__.
<br />^DDRESS_P.Oit3t?Lj 2-i:;' 1-3 WIV..-r f?j..,JL/)M1J J(C'Af2l1rr1JII'~.%8q~)1l0N.r:..~- 2,3_tj~J4
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<br />BIIYERS'limitedagcntis_ JlO A-Lj) ]),,vj i/.0,V6- (agentJot D,aLy !Lfl',.I1LJ,/- .JwmpanYI
<br />NAMI':S FOR UEEU: ACc.eSS eL.ec-Tt2-4C-A L SyS/?-f.l<'" J1Je..
<br />
<br />RECEIPT FOR EARNEST MONEY
<br />RECEIVED FROM: -- $ _ (by _ )
<br />10 appty to the purchase price of Properly Olllerms and conditions as Slated. In the evenllhis offer is not accepted by Ihe Seller of Ihe Properly wlthllllhc Lllne spccllicd,
<br />or Iflhere are any detects in the title which cannot be cured as specified above, the Deposit Shidl be refunded.
<br />REAL TOR@ By:
<br />M rt ,.J......'Sf,~. X' 6.,0 CL
<br />~ This offer has been countered. l.OMI1 fSSIOI'-' ..J.- '0 .(::tQ cr----
<br />ACCEPTANCE
<br />Seller accepts lhi .. I' e terms Slated and agrees to convey tille to Property, deliver posseSSIOn, and perform all the terms and conditions setlllrlh
<br />. ~ .-.~ ~ ~d
<br />I< g~i~ sl ~ g~ ~~:~~~:~f;~'7~--~
<br />
<br />a en~t' , DJfj/:/ f'~ _ [company]
<br />
<br />STATE OF ~~AS.t::'A
<br />LJ.."U I ) SS
<br />COUNTY OF ~t.....L- )
<br />The tbrcgoing purchase agreement was acknowledged
<br />belbre me on ..:2 It' ~fL . ~7
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<br />LNOfAlY-SlalliofNebnsbby C / Vll Y L We UJ 5IJ .}-/ ~
<br />DONALD D.MFJlRING
<br />Myr....."A",,1OO'7 Notary Public
<br />Commission
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<br />)
<br />) 55:
<br />)
<br />
<br />hy.
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<br />illJYER
<br />BUYER
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<br />DATE
<br />DATE
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<br />::=:=-BAJE
<br />DATE
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<br />.30 A-p 12- 0 "1
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<br />(200)NebraskaREAI.TORS@Association
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