SN SERVICING CORPORATION 323 Fifth Street Eureka, CA 95501 800-603-0836, Ext. Fax (916) 231July 13, 2017 VIA FACSIMILE AND U.S. MAIL Fax No.: Phone No.: Re: Account No.: (PLEASE MAKE SURE THIS IS ON ALL CORRESPONDENCE) Debtor: Dear: You have been assigned as agent of record on the above referenced asset. Please immediately inspect and secure the property following the procedures as outlined on the attached Broker Instructions. Please take the time to review the Broker Instructions and the balance of this package very carefully. You may have previously received listing packages from our company; however this package was last revised on October 1, 2007, and you will need to be aware of changes made to the instructions on that date. This package should include the following: Broker Instructions. This sheet sets out our procedures for property inspection, valuation, reporting and billing procedures. Addendum to Listing Agreement. This addendum must be signed and returned to this office along with your standard listing agreement. Please note the entity name in which we hold title is ent. REO Initial Property Inspection/Occupancy Status Report. Note that if property contains more than one unit, this report must be completed for each unit. Agreement to Vacate. ERC/CMA Form. To be completed and returned per Broker instructions within 7 days. If you are unable to complete this form within the allotted time frame, please notify the Asset Manager. IMPORTANT Broker Monthly Status Report. This report must be completed and faxed to this office on a monthly basis. Offer/Estimated Net to Seller Sheet. This form must be completed and submitted with any offer to purchase. Check Request/Invoice Coversheet. See the billing procedures on Broker Instructions for information on the use of this form. Addendum to Sales Contract. This addendum must be executed by Buyer and returned with all sales Contracts. Commission/Referral Fee Instructions. This must be completed by the Listing Broker and returned with each sales contract. Form W-9, Request for Taxpayer Identification Number and Certification. This form must be submitted with your Listing Agreement. If, however, you have already submitted a W-9 to our company, please disregard. Should you have any questions, please contact me at (800) 603-0836. If you are unable to reach me by telephone, you may fax me at or email: @snsc.com. Sincerely, REO Asset Manager Enc. 1 SN SERVICING CORPORATION Broker Instructions Upon receipt of a request for a Competitive Market Analysis (CMA), the Agent shall proceed as follows: 1. Check occupancy status and report findings to the Asset Manager within 24 hours by completing and returning the REO INITIAL PROPERTY INSPECTION REPORT. 2. Immediately have vacant property re-keyed and secured. The property must be re-keyed to Quick-Set Master #35241. If a lockbox is installed on the property, it should be programmed with the first three letters of the street name. 3. Complete ERC/CMA and fax to Asset Manager within 7 DAYS of receipt of the request. Forward via email or fax (unless original documents are required in your state): ERC/CMA including subject photos (front, rear, street and interior) and comparables photos. Your signed listing agreement. Note: The Addendum to Listing Agreement included herewith must be signed and returned along with your standard form listing agreement. A list of the recommended repairs and bids for same. 4. Order necessary utilities restored to the premises. If inspections are required in order to restore utilities, determine cost of said inspection and contact Asset Manager prior to proceeding with inspection. 5. Have vacant properties trashed out and basic cleaning and lawn care completed within 72 hours of access. If the estimated cost of performing the aforesaid is in excess of $500, obtain and submit two bids to the Asset Manager for approval before proceeding. 6. Within fifteen (15) days of execution of the listing agreement by both parties, submit to the Asset Manager a photograph of the premises with the Agent’s “For Sale” sign installed on the front lawn along with a copy of the MLS printout of the listing. 7. On a monthly basis, submit to the Asset Manager a completed copy of the Monthly Status Report attached. 8. If property is vacant, place on regular lawn maintenance as necessary and have winterized immediately when applicable. Billing Procedures (These procedures are intended to simplify and expedite payment of expenses. Therefore, your cooperation is greatly appreciated. Please contact your Asset Manager if you have any questions. Any bills submitted contrary to these instructions will be returned for correction. This will delay submission for reimbursement until the following month’s billing cycle. Original invoices, along with copies of the Agent’s check must be submitted MONTHLY to this office so that they are received between the 1st and 10th days of each month. Failure to submit bills on a monthly basis will result in nonpayment (unless prior approval from Asset Manager is received.) The monthly expenses for each property must be itemized on one check request form (see attached). Checks for reimbursement of monthly expenses will be made payable to the Agent (not the vendor). Condo and Co-op fees must be requested with the monthly billing prior to the due date. Repair bills in excess of $1,000 may be submitted on an individual check request outside of the regular billing cycle (with the Asset Manager’s prior approval) but must be paid directly to the Agent. Closing Instructions Sales contracts shall be closed in the following manner: 1. Upon verbal approval of an offer, Agent will complete appropriate forms and forward to the assigned Security National Asset Manager for review and execution. 2. The executed contracts will be returned to the Agent, who will disburse copies to purchaser, Title Company, Escrow Company and/or seller’s designated closing attorney, as appropriate for the state in which the property is located. 3. In states where title companies are authorized by law to prepare the conveyance documents, etc., Seller will not be represented by an attorney. 4. In all other states, the REO Closing Manager will designate an attorney who shall be responsible for communicating with buyer’s/lender’s attorney, preparing conveyance documents, etc. 5. The title company, escrow company or closing attorney shall be directed to communicate directly with the REO Closing Department in all matters involving the closing, including, but not limited to, title questions, entity documents, conveyance documents, etc. 6. The Listing Agent shall be responsible for follow-up with purchaser on any contract contingencies, including, but not limited to: (1) inspections, (2) mortgage pre-qualification, and (3) mortgage commitment, and shall promptly notify the REO Closing Department when same have been obtained or denied. 7. Seller will not be responsible for any administrative fees charged by Broker. 8. 100% forfeited deposits to be forwarded to seller. Listing and Selling Agents’ commissions shall be deducted from the HUD and shall be disbursed to the appropriate parties by the Closing Agent. Any referral fees due will be deducted by the Closing Agent from Listing/Selling Agents’ commission as per the Addendum to Listing Agreement and disbursed by the Closing Agent to the appropriate party. 2 ADDENDUM TO LISTING AGREEMENT BETWEEN (Seller) and (Listing Agent) dated the _______ day of __________________________, 200___, covering the premises known as (In the event any provisions of this Addendum conflict in whole or in part with the terms of the Listing Agreement, the provisions of this Addendum shall control.) Occupancy prior to Settlement. Under no circumstances shall Agent allow a purchaser, prospective purchaser or any other individual the occupancy of the premises prior to the settlement and funding of the sales contract. Seller’s Right to Cancel Agreement. If at any time during the term of this Agreement Seller, in its sole discretion, deems it advisable to terminate this Agreement, Seller may do so upon 24-hours written notice (facsimile notices shall be considered written notices). Upon the giving of said notice by Seller, this Agreement shall terminate and shall have no further force nor effect whatsoever as to either party. Sales Commissions – Cooperating Brokers. In the event that a sales contract is executed and consummated with a purchaser who is introduced by a cooperating agent or selling agent, the total sales commission to be paid under the Agreement shall be split between the listing agent herein and the cooperating or selling agent in accordance with local custom or in accordance with an Agreement between listing and selling agent. Seller shall not be a party to this Agreement. In no event shall the total commission payable by the Seller exceed the amount shown in this Agreement. Sales Commission. The total commission payable by Seller pursuant to this sale shall be the greater of 6% or an agreed-upon minimum. The commission shall be paid pursuant to the terms of a separate agreement between Broker and Seller. In the event that there is a cooperating agent involved in the sale of this property, commissions must be shown as an equal split on the HUD-1. Outstanding Invoices - Final Utility Bills. All outstanding invoices relating to the property shall be submitted for payment to the appropriate Account Officer prior to the closing of the contract. The Account Officer, in his/her discretion, shall process said invoices through the normal accounts payable procedure or shall cause the amounts due on said invoices to be deducted from the proceeds of the sale due seller at the time of closing. It shall be the responsibility of the Listing Agent to immediately notify any utility supplier to discontinue service in his/her name or in the name of Seller. Contract Closings. After execution and delivery of a sales contract, the Agent shall communicate with the Closing Department to facilitate and expedite the closing of the sale. The Agent shall immediately ascertain the name of Buyer’s title company and/or attorney and communicate said information to the Closing Department. The Agent shall also be responsible for monitoring the progress of Buyer’s mortgage commitment and shall report to the Closing Department on a weekly basis the status of said mortgage commitment. Referral Fee. At closing, or within five (5) days thereafter, the Listing Broker shall pay to Security National Servicing Corporation, from commissions due, a referral fee equal to 1% of the sales price. In no event shall this referral fee be considered a real estate commission. The responsibility for this referral fee shall be borne by the Listing Broker. The undersigned approve and accept this Addendum and acknowledge this Addendum to be a part of the Listing Agreement. _________________________________________ (Seller) (Agent) By: _____________________________________ By: _____________________________________ Date: __________________ Date: __________________ 3 SN SERVICING CORPORATION REO INITIAL PROPERTY INSPECTION/OCCUPANCY STATUS REPORT Note: If Property consists of more than one unit, this report must be submitted for each unit . Due within 24 hours of assignment. Please print legibly. When completed, fax to: , Asset Manager Fax (916) 231- Property Address: Loan Number: Broker Information Name: Address: Phone: Fax: Property Type SFR Multi-Family Total Number of Units: Commercial Vacant Land Other: ________________ _____________ Occupancy Status Unit No.: _____________ Occupied Vacant Former Owner Name Tenant Unknown Describe any extraordinary occupant hardship (i.e. elderly, infirm, etc.): ____________________________________________________________________________________ ____________________________________________________________________________________ Is Cash for Keys viable? Yes No Comments: _________________________________________________________________________ ____________________________________________________________________________________ Property Condition: _________________________________________________________________ Describe any dangerous conditions that require immediate attention: ________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Describe any unusual conditions that could impact eviction or marketing: ____________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 4 SN Servicing Corporation AGREEMENT TO VACATE Date: _______________________ Dear ______________________________________: The property located at (“Property”), which you are presently occupying, was foreclosed on the ________day of ________________, 20____. As a result of the foreclosure, __________________________________(“Owner”) is the lawful owner of the Property. Consequently, as of that date, you were no longer entitled to occupy the Property. Because you have failed to vacate the Property, Owner will seek, among other things, to have you legally evicted from the Property, and will ask the Court for money damages compensation for your continued unlawful occupation. ____________________________________ wishes to resolve this matter quickly. Therefore, Owner will pay you $_______________ provided you do the following: 1. RESPOND TO THIS OFFER WITHIN 24 HOURS OF ______________(Date) @ _________(am/pm). 2. Vacate the Property within ______ days of the date of this letter and leave the Property in a clean and habitable condition; (Property vacated by ________________(date & time) 3. Allow Owner/Owner’s representatives access to the Property upon reasonable notice. 4. Provide Owner/Owner’s representatives, a true list of all persons currently residing at the property, and update that list if any other persons begin residing at the Property. If any other persons currently reside at the Property, they must also sign this Agreement in order for it to be effective. 5. When you vacate the Property, the Property must be empty and no other persons may be occupying the Property, unless Owner has made agreement in writing. Upon determination by Owner that you have complied with all terms of this Agreement, Owner will pay you $_____________. If you do not accept this offer, Owner will not make any other settlement offers and will pursue all legal remedies to the fullest extent of the law, including its right to possession of the Property, payment of all rent due since the date of foreclosure, as well as any other rights Owner has available to them under the law. ___________________________________________________________________________________ Owner Representative Title Date I/We, _____________________________________________, as current occupant(s) of Property located (print name(s) clearly) at ______________________________________, hereby accept / refuse (circle one) this offer by signing my/our name(s) in the space indicated below. ___________________________________ name Social Security No. ___________________________________ name Social Security No. ________________ date ________________ date ___________________ home phone no. ___________________ home phone no. 5 SN Servicing Corporation Competitive Marketing Analysis Purpose: This report is not an appraisal or a home inspection. Rather, it is designed to enable the real estate broker to conduct a diligent analysis of the subject property’s condition, competition, and future marketability. Based on this Analysis, the broker is to estimate the subject property’s: Most Likely Sales Price “As Is” and Most Likely sales Price “With Repairs & Improvements,” and Most Likely Net Price “As Is” and Most Likely Net Price “With Repairs & Improvements.” assuming a reasonable marketing time, not to exceed 120 days. (Refer to definitions on page 3 of the form. ) Inspection Date: File No.: Homeowner(s): Property Address: Home Phone: City, State, Zip: Work Phone: CMA Requested by (Co. & Contact): SN Servicing, E-mail: [email protected] Requesting Co. Address: 323 Fifth Street Phone: (800) 603-0836, ext. City, State, Zip: Eureka, CA 95502 Fax #: (916) 231- Real Estate Firm & Contact: E-mail: Real Estate Firm Address: Phone No.: City, State, Zip: Fax No.: Agent Preparer (if other than contact): Phone No.: Form of Ownership: Fee Simple Leasehold Type: Condo Coop PUD Occupant: Homeowner Tenant Vacant Indicate any personal property that remains (e.g. refrigerator, range, lighting fixtures, ceiling fans, etc.) Single Family Other Is the subject currently listed? Yes No Listing Company/Agent Describe the most probable means of financing and terms for the subject: Are points customarily paid by the seller on the most probable financing? Yes No If yes, how long? Comment on any other financing concessions that are necessary to enhance the sale of the subject: Do you anticipate any issues that would affect the ability to secure financing for the subject property? (e.g., condition, zoning, environmental, HOA, etc.) Yes No If yes, comment: Note: The above financing information should be carried over to the Marketing Strategy and Value Analysis sections on page 3 of this form. What repairs & improvements (R&I) are necessary to secure or obtain financing as indicated in the Financing section above and/or are recommended to enhance the subject’s marketability. (Recommended items should increase the subject’s value and/or lower the marketing time.) Indicate specific items and their estimated costs to cure. Interior Items Total Interior: R&I Estimates $ $ $ $ $ $ $ $ Total R&I Exterior Items Total Exterior: R&I Estimates $ $ $ $ $ $ $ $ $ (Add the Total Interior $ and Total Exterior $) Estimate the contributory value (if any) of the TOTAL R & I to the Most Likely Sales Price . . . . . . .. . $ Note: The above recommended R&I items and costs should be carried over to the MARKETING STRATEGY and VALUE ANALYSIS sections on page 3 of this form. List all required and customary inspections (e.g., municipal, certificate of occupancy, environmental, etc.) Required: Customary: Are there any visible/known problem areas that would warrant additional inspections (e.g., structural, etc.)? List required disclosures if any: Subject’s location type: Urban Suburban Distant suburban Rural Farm Resort Market Area Price Range: $ to $ Property Values Are: Increasing Stable Declining Marketing Time (list to contact): Up to 120 days 121- 180 days Over 180 days Number of closed comparable sales in market area in the last six months: Number of competing listing in subject price range: Availability of competing listings: Shortage In balance Oversupply Type of competing listings: (est. total should =100%): %New Homes %Resale % REO/Foreclosure % Corporate Describe any marketing concession/incentives being offered on competing properties that may adversely affect the subject’s value: Recommend any marketing concessions/incentives that should be offered for the subject: 6 ITEM Address, City SUBJECT Proximity to Subject Original List Price Current List Price Last Price Change (date) Days-on-market (from original list date) Style Car Storage/Type Approximate Age Lot Size Appx. Gross Living Area Above Grade Room Count LISTING #1 Sq. Ft. Sq.Ft. Tot. Baths Basement Area Basement Finished Deck/Patio Pool/Spa Type Air Conditioning Type Heating System Location Lot Characteristics View Floor Plan Utility Ext. Condition Appeal Int. Condition Appeal Overall Rating of Listings as Brms. Tot. Baths Good Avg. Fair Good Avg. Fair Good Avg. Fair Good Avg. Fair Good Avg. Fair Good Avg. Fair compared to subject LISTING #2 Brms. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Plus Equal Sq. Ft. Tot. Baths Fair Fair Fair Fair Fair Fair Minus LISTING #3 Brms. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Plus Equal Minus Sq.Ft. Tot. Baths Fair Fair Fair Fair Fair Fair Brms. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Plus Equal Fair Fair Fair Fair Fair Fair Minus Describe significant value-related differences between the subject and the competing listings (including condition, location appeal, amenities, deferred maintenance, utility, view market conditions and days-on-market) and explain any seller financing, discount points, and/or other concessions being offered. Also, indicate if the contact or agent has inspected the competing listing’s interior. Listing # 1: Listing # 2: Listing # 3: Inspected? Inspected? Inspected? ITEM Address, City Yes Yes Yes No Comments: No Comments: No Comments: SUBJECT Proximity to Subject Original List Price Final List Price Sales Price Under Contract Date Closing Date Days-on-market (from original list date) Style Car Storage/Type Approximate Age Lot Size Appx. Gross Living Area Above Grade Room Count Basement Area Basement Finished Deck/Patio Pool/Spa Type Air Conditioning Type Heating System Location Lot Characteristics View Floor Plan Utility Ext. Condition Appeal Int. Condition Appeal Overall Rating of Sales as SALES #1 Sq. Ft. Sq.Ft. Tot. Baths Brms. Good Avg. Fair Good Avg. Fair Good Avg. Fair Good Avg. Fair Good Avg. Fair Good Avg. Fair compared to subject SALES #2 Tot. Baths Brms. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Plus Equal Sq. Ft. Tot. Baths Fair Fair Fair Fair Fair Fair Minus SALES #3 Brms. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Plus Equal Sq.Ft. Tot. Baths Fair Fair Fair Fair Fair Fair Minus Brms. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Good Avg. Plus Equal Fair Fair Fair Fair Fair Fair Minus Describe significant value-related differences between the subject and pending/closed sales (including condition, location, appeal, amenities, deferred maintenance, utility, view, market conditions and days-on-market) and explain any seller financing, discount points, and/or other concessions which were paid. Also, indicate if the contact or agent has inspected the comparable sale’s interior. Sales # 1: Sales # 2: Sales # 3: Inspected? Inspected? Inspected? Yes Yes Yes No Comments: No Comments: No Comments: 7 Comment on significant features of the subject’s amenities and floor plan/design (appeal, flow, functionality, etc.) and describe any positive/negative influence on marketability: Comment on any other known items (e.g., real estate, taxes, special assessments, HOA/Condominium/Cooperative fees or restrictions, future plant closings, environmental hazards, etc.) which may affect the marketing and eventual selling price of the subject property and that are not mentioned in any other section of this form: “AS IS” VALUE ANALYSIS Most Likely Sales Price (MLSP) (marketing time not to exceed 120 days) Cost of Repairs & Improvements (subtract) Financing Concessions (subtract) Marketing Concessions/incentives (subtract) Most Likely Net Price Suggested Initial Listing Prices $ WITH REPAIRS & IMPROVEMENTS” (“AS IS” + CONTRIBUTORY VALUE AS INDICATED ON PG. 1) $ $ $ $ $ $ $ $ $ $ (As Is) $ (With R&I) Additional Comments: File No.: Real Estate Firm Tax ID No.: Contact Name: Contact Signature: ___________________________________ Real Estate Firm: Date of Inspection: Agent Preparer Name: Agent Preparer Signature: _______________________________ 8 SN SERVICING CORPORATION Broker Monthly Status Report SNP Account No.: Report Date: ____________________ Address: Vacant Occupied Occupant’s Name ____________________________________________ Current List Price: _________________ Suggested List Price: _________________ Date of Last Visit to Property: _________________ Date of Last Showing: _________________ No. of Showings this Month: _________________ Status of repairs, if any: ______________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Suggestions to expedite sale of property: ________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Current or new listings competing with property (attach computer printout): _________________ ____________________________________________________________________________________ Current or new incentives competing with property (Fannie, HUD): _________________________ ____________________________________________________________________________________ Comments: _________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ATTACH PHOTO OF PROPERTY SHOWING FOR SALE SIGN HERE Attach MLS Printout 9 SN SERVICING CORPORATION Offer/Seller Net Sheet Note: Do not submit an offer to this office before pre-qualifying buyer. Loan No.: Address: Asset Manager: Lender: __________________________________ Contact: _______________________________ Lender Phone/Fax: (_____) _____-______ (_____) ______-______ Listing Agent: Listing Agent Phone/Fax: Selling Agent: ___________________ Phone/Fax: (_____) _____-______ (_____) _____ -______ Buyer(s): _________________________________________________________________________ Deposit Amt.: $__________ Cash Conventional FHA VA 203K Seller Other (Explain):______________________________ Terms: ________________________________________________________________________ ____________________________________________________________________________________ Closing Penalty: $50 per day (to start day after originally scheduled closing date if delay occasioned by buyer or lender delay). Comments and Contingencies: ____________________________________________________________________________________ ____________________________________________________________________________________ __________________________________________________________ SELLER HAS THE RIGHT TO CONTINUE TO OFFER THE PROPERTY FOR SALE AND TO ACCEPT ANY OTHER OFFER AT ANY TIME PRIOR TO ACCEPTANCE IN WRITING VIA A SIGNED PURCHASE AGREEMENT. THIS NET SHEET DOES NOT CONSTITUTE WRITTEN ACCEPTANCE. Buyer type: Owner/Occupant List Price $ Date Submitted Contract Price Estimated Close Date Seller Costs: Appraisal Fee Attorney Fee Closing Fee Commission Discount Points Document Stamps Document Preparation Fee Escrow Fee Homeowner Policy/Warranty Loan Origination Fee Property Tax Recording Fee Survey Termite Inspection Title/Abstract Tax Certificates Tax Services Fee Transfer Tax Underwriting Fee Buyer’s Non-Allowables Buyer’s Escrow Fee Zone Disclosure Termite Repair Lender Required Repair Total Seller’s Costs Estimated Net Proceeds to Seller Investor Buyer Offer Buyer Counter Counter Buyer Counter Counter Counter $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 10 SN SERVICING CORPORATION Check Request/Invoice Coversheet Entity: Asset Name: Asset No.: Address: Broker/Agent Name: Remit to: Phone: ___________________________________________ Tax ID No.: _______________________ Vendor Name ______________________________________________________________________________ Address, City, State, Zip Instructions to submitting Broker/Agent: Fill out this form in its entirety, with the exception of the areas designated for SNP USE ONLY. Each invoice for which reimbursement is requested must be identified individually. An original invoice, as well as a copy of the check used to pay same, must be attached for each reimbursement requested. Utilities $ $ $ $ $ Total Utilities Maintenance $ $ $ $ Total Maintenance Approved Repairs $ $ $ $ $ Total Approved Repairs Other $ $ $ $ Total Other $ TOTAL CHECK AMOUNT I have inspected the work for which the invoices listed above are submitted and found it to be done in a professional and satisfactory manner. ________________________________________ Date: _____________________ Listing Agent SNP USE ONLY Requested by: ______________________________________ Date: _______________________ Approved by: ______________________________________ Date: _______________________ Special Instructions: _______________________________________________________________ 11 ADDENDUM TO SALES CONTRACT BETWEEN ent (Seller) and ______________________________ (Purchaser) dated the _____ day of _______________, 200 ___. (In the event any provision of this Addendum conflicts in whole or in part with the terms of the Contract of Sale, the provisions of this Addendum shall control.) 1. Purchaser acknowledges that Seller obtained the property by foreclosure. The Contract of Sale is subject to each of the following conditions: (i) final acquisition of property by Seller and (ii) the ability of Seller to clear title to the extent required in the Contract of Sale. Should Seller not acquire property as anticipated, Seller shall notify Purchaser that the Contract of Sale is canceled and the earnest money deposit shall be returned to Purchaser and Seller shall have no further obligation to sell or convey the property to Purchaser. 2. Time of the Essence. Buyer acknowledges that Seller’s acceptance of the contract purchase price is contingent upon closing and funding the sale herein on or prior to the contract close date. Seller has opened title with: Phone Fax A copy of the title commitment is attached hereto. If Buyer elects to use a closing agent other than the agent specified above, Buyer shall have said agent deliver to Seller within five (5) days of the execution of this contract, a title commitment defining the status of title and any exceptions thereto. In either event, it shall be the responsibility of the Buyer to schedule with the closing agent a settlement date on or before the contract close date. In the event that there are exceptions to the title which must be resolved by the seller prior to closing and these exceptions are not resolved before the contract close date, the contract close date shall be extended to five (5) days beyond the date on which Seller provides to the closing agent a resolution of any title exceptions. In the event that the sale does not close on or before the contract close date (or extended date as provided above), Buyer shall pay at closing in addition to the contract price an amount equal to the greater of $50 or .0329% of the contract purchase price for each day beyond the close date. Seller agrees to deliver and purchaser agrees to accept insurable title. In the event that there are any valid objections to title and seller cannot deliver a title insurance policy which insures over these exceptions, Seller shall have sixty (60) days from the date of receipt of written notification within which to resolve title exceptions or defects or other title issues which in any way impede or impair Seller’s ability to convey insurable title. If, within such sixty (60) day period, Seller determines that it is unable or unwilling to resolve such matters, then Purchaser (i) may take title in its then state, thereby waiving any title objections, or (ii) terminate the contract and receive a refund of any deposit as Purchaser’s sole and exclusive remedy. Buyer Initial __________ 3. Purchaser accepts the property in “AS IS” condition at the time of execution of this contract, including any hidden defects, known or unknown, which include but are not limited to any mold or mold-related issues. Purchaser acknowledges that neither Seller nor its agents have made any warranties, implied or expressed, relating to the condition of the property. Except as specifically set out on Exhibit “A” attached hereto, Seller shall not be responsible for the repair, replacement or modification of any deficiencies, malfunctions or mechanical defects in the material, workmanship and mechanical components of the appurtenant structures and improvements prior or subsequent to closing. Items of personal property are not included in this sale. Seller makes no representation or warranty as to the condition of personal property, title to personal property or whether any personal property is encumbered by liens. Purchaser agrees that Seller shall have no liability for any claim or losses Purchaser or Purchaser’s successors may incur as a result of any condition or other defect, which may now or hereafter exist with respect to the property. The property has neither been inhabited nor inspected by the Seller. 4. Purchaser is urged to make all necessary inspections at Purchaser’s expense. The purpose of inspection will be to inform Purchaser in a written report of whether the property is in a condition materially different than Purchaser expected when making the offer to purchase the property by executing the Contract of Sale. Purchaser acknowledges that it is Purchaser’s sole responsibility to obtain inspection reports by qualified professions. In the event the inspection reveals material deficiencies, Purchaser may cancel the Contract of Sale by providing Seller with written notification together with the inspection reports and a written designation of the deficiencies. Purchaser’s failure to furnish written notice of cancellation, together with the inspection reports and the designation of deficiencies within ten (10) days of the effective date of this Contract shall conclusively be deemed Purchaser’s election to accept the condition of the property and to proceed with the transaction. If Purchaser chooses not to make inspections, Seller and Seller’s agent will be held harmless in the event of any mechanical failures or structural defects. 5. Purchaser agrees to indemnify Seller and fully protect, defend and hold Seller, its agents, employees and contractors harmless from and against any and all claims, costs, liens, loss, damages, attorney’s fees and expenses of every kind and nature that may be sustained by or made against Seller or any damage to the property or any adjoining property, or any injury to Purchaser or any other person that may result from or arise out of inspections made by Purchaser or its agents, employees and contractors prior to closing. 12 6. Seller’s responsibility for any repairs required as a result of an inspection by the lender shall not exceed $________. If the cost for any such repairs exceeds such amount, then (i) Purchaser shall be responsible for the cost and expense of any amounts exceeding such repair limit, or (ii) Seller shall have the right to cancel the Contract of Sale and return all earnest moneys paid by Purchaser. Purchaser shall not have the right to make repairs to the property prior to closing. 7. Any obligation of Seller to obtain a compliance certificate relating to the property (such as a certification relating to smoke detectors) shall not apply in the event the property is not in habitable condition, unless otherwise required by law. 8. If this sale is being financed, Purchaser shall have five (5) business days from the effective date of the Contract of Sale to make loan application. Seller may cancel the Contract of Sale in the event Purchaser is not “prequalified” within seven (7) business days from the date of the Contract of Sale. Purchaser must, within seven (7) business days from the date of the contract, provide Seller with a “prequalification” letter from a bona fide lending institution. In the event Purchaser’s loan application is denied and this sale is not consummated because (i) Purchaser’s complete credit history was not disclosed at the initial loan application, or (ii) Purchaser’s required income and cash reserves cannot be verified, then Purchase shall be in default of the Contract of Sale and Purchaser’s earnest money deposit shall be forfeited to Seller. 9. Notwithstanding any other provision of the Contract of Sale (including, if applicable, any financing contingency), in no event shall the Contract of Sale be contingent upon the ability of the Purchaser to sell or close other real estate owned by Purchaser. 10. Title will transfer with a Special or Limited Warranty Deed, Grant Deed, Cash Sale Deed, or Quit Claim Deed depending upon the state the property is located in and the laws of title transfer. 11. Any Purchaser closing costs (including FHA/VA non-allowables and Purchaser share of escrow/title company/attorney closing fees) that are to be paid by seller shall not exceed $______________. In the event the total of such closing costs are less than the amount of Seller’s contribution toward closing costs, then Seller’s contribution shall be limited to the total of such closing costs. Seller’s contribution to closing costs shall not be applied to loan origination fees; prepaid taxes, interest or insurance; mortgage insurance; funding fees; appraisal; credit report; mortgage brokerage fees, or other lender charges not previously agreed to. Purchaser/lender shall supply an itemized list of closing costs along with proof of prequalification within __________ business days from the date of the Contract of Sale. ANY COST SELLER IS PAYING MUST BE ITEMIZED ON THE HUD-1 AND CANNOT BE SHOWN AS A CREDIT TO THE PURCHASER. 12. Seller shall not be required to provide a survey of the property. In the event purchaser is obtaining financing and the lender providing said financing shall require a current survey, said survey shall be at buyer’s expense, except that the cost of same may be included in Seller’s contribution to closing costs as set out in paragraph 11, above. In no event shall the inclusion of the cost of said survey increase the maximum amount of Seller’s contribution. 13. Settlement/closing shall be held in the offices of the Seller’s attorney or closing agent, or at a place designated and approved by Seller. Seller’s attorney or agent shall hold the deposit moneys in a non-interest bearing trust account. Copy of same is to be forwarded to Seller immediately upon receipt. Time is of the essence. The sale may not be closed in escrow without the prior written consent of Seller, namely Seller execution of the HUD-1. 14. All verbal negotiations are subject to written acceptance by Seller. 15. Purchaser may not occupy the property prior to closing and funding. Purchaser shall be in default of the Contract of Sale in the event he occupies or alters the property or permits it to be occupied by any other person prior to closing and funding. 16. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of the Contract of Sale. 17. The total commission payable by Seller pursuant to this sale shall be 6% of the purchase price or $___________. The commission shall be paid pursuant to the terms of a separate agreement between Broker and Seller. In the event that there is a cooperating agent involved in the sale of this property, commissions must be shown as an equal split on the HUD-1. 18. Additional Conditions: ____________________________________________________________________________________________________ ________________________________________________________________________ ______________________________________________________________________________________ The undersigned approves and accepts this addendum and acknowledges this addendum to be a part of the Contract of Sale. ________________________________________________ ________________________________________________ (Purchaser) ent (Seller) ________________________________________________ (Purchaser) By: _____________________________________________ Name: Date: Date: ______________________ ______________________ 13 The following form must be completed by the Listing Broker and returned with each contract to the REO Account Officer with whom you are working. COMMISSION/REFERRAL FEE INSTRUCTIONS Real estate commissions/referral fees are to be deducted from the Seller’s proceeds at closing and are to be paid as indicated below. Property Address: ____________________________ ____________________________ Sales Price: $_______________ Total Commission: $_______________ (Sales price x 6%) Listing Broker: $_______________ Selling Broker: $_______________ Referral Fee: $_______________ (Sales price x 1%; to be taken from Listing Broker commission) Listing Commission Payable to: __________________________________________ __________________________________________________ __________________________________________________ Selling Commission Payable to: __________________________________________ __________________________________________________ __________________________________________________ Referral fee Payable to: Security National Servicing Corporation 4150 S. Sherwood Forest Blvd., Suite 210 Baton Rouge, LA 70816 Signature of Listing Broker: ____________________________________ 14 W-9 Form (Rev. November 1999) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do NOT send to the IRS. Name (If a joint account or you changed your name, see Specific Instructions on page 2.) e p y t r o t n ir p e s a e l P Business name, if different from above. (See Specific Instructions on page 2.) Check appropriate box: Individual/Sole proprietor Partnership Corporation Other Requester’s name and address (optional) Address (number, street, and apt. or suite no.) City, state, and ZIP code Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). However, if you are a resident alien OR a sole proprietor, see the instructions on page 2. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 2. Note: If the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter. Part III List account number(s) here (optional) Social security number – – Part II OR Employer identification number For Payees Exempt From Withholding(See the Backup on page 2.) instructions – Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 2.) Sign Here Signature Purpose of form. A person who is required to file an information return with the IRS must get your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9, if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are an exempt payee. If you are a foreign person, IRS prefers you use a Form W-8 (certificate of foreign status). After December 31, 2000, foreign persons must use an appropriate Form W-8. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Date What is backup withholding? Persons making certain payments to you must withhold and pay to the IRS 31% of such payments under certain conditions. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return, payments you receive will not be subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, or 2. You do not certify your TIN when required (see the Part III instructions on page 2 for details), or 3. The IRS tells the requester that you furnished an incorrect TIN, or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or Cat. No. 10231X 5. You do not certify to the requester that you are not subject to backup withholding under 3 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the Part II instructions and the separate Instructions for the Requester of Form W-9. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties. Form W-9 (Rev. 11-99) Form W-9 (Rev. 11-99) Specific Instructions Name. If you are an individual, you must generally enter the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage, without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first and then circle the name of the person or entity whose number you enter in Part I of the form. Sole proprietor. You must enter your individual name as shown on your social security card. You may enter your business, trade, or “doing business as” name on the business name line. Other entities. Enter your business name as shown on required Federal tax documents. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or “doing business as” name on the business name line. Part I—Ta xp ayerIdentification Number (TIN) You must enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, using your EIN may result in unnecessary notices to the requester. Note: See the chart on this page for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office. Get Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can get Forms W-7 and SS-4 from the IRS by calling 1-800-TAX-FORM (1-800-829-3676) or from the IRS’s Internet Web Site at www.irs.gov. If you do not have a TIN, write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester. Other payments are subject to backup withholding. Note: Writing “Applied For” means that you have already applied for a TIN OR that you intend to apply for one soon. Page Part II—For Payees Exempt From Backup Withholding Individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. For more information on exempt payees, see the separate Instructions for the Requester of Form W-9. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Enter your correct TIN in Part I, write “Exempt” in Part II, and sign and date the form. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester a completed Form W-8 (certification of foreign status). persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA or MSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax laws. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 31% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. Part III—Certification For a joint account, only the person whose TIN is shown in Part I should sign (when required). 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified state tuition program payments, IRA or MSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to give your correct TIN to 2 What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual 2. Two or more individuals (joint account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship For this type of account: 6. Sole proprietorship 7. A valid trust, estate, or pension 8. Corporate 9. Association, club, religious, charitable, educational, or other tax-exempt organization 10. Partnership 11. A broker or registered nominee 12. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The individual The actual owner of the account or, if combined funds, the first individual on the account 1 The minor 2 The grantor-trustee The actual owner The owner 1 1 3 Give name and EIN of: The owner 3 Legal entity 4 trust The corporation The organization The partnership The broker or nominee The public entity 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name, but you may also enter your business or “doing business as” name. You may use either your SSN or EIN (if you have one). 4 List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
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