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HomeMy WebLinkAboutVA198800069 Application 1988-09-20 VIRGINIA ASSOCIATION OF REALTORS® I RESIDENTIAI CONTRACT OF PURCHASE, 11 NIAL 11, E o N'rr REALTOR. (This is a suggested form for use in the sale and purchase of residential property only.This is a legally binding contract;if not understood,seek competent advice before signing.) This CONTRACT OF PURCHASE made as of ALIAto t 5 ,19.& ,between S.'P ph P h (U- Mo i iA and Teka Ct L. MonAbs whose address is Roue. 1, Box 690 .SenLtMJdItP, Ua 24590 ,(the "Seller",whether one or more),and Ric hand Paul. SCh0enwe'tten ,whose address is R _ (the"Purchaser",whether one or more),provides: The Listing Broker for the Property,as defined below,is Leaf Pn0 pet ti.€A and the Selling Broker is Leach P.4D_pelfti.e.A 1. REAL PROPERTY.Purchaser agrees to buy and Seller agrees to sell the land,and all improvements thereon,located in the County&Lek of_Aie_be nI .Q.,Virginia,and described as(legal description): Deed Book 894, page. 51 TM 41-A, Panceto 94 S 95 (Lots 16 g 17)- A.ebemanke Lake,) and more commonly known as(street address): Stephen MOnitZs P.Openty ,together with the items of personal property described in paragraph 2(the"Property"). 2. PERSONAL PROPERTY INCLUDED.The following items of personal property are included in this sale: N/A 3. PURCHASE RICE.The Purchase Price of the Property1-'1-Dollars($ 1. which shallll be paid to Seller at settlement in cash or by cashier's or certified check,subject to the prorations described herein,front the following sources(check as applicable): (.1,$y�-e"'-- (a)THIRD PARTY FIRST TRUST:As set forth in paragraph 5,this sale is subject to Purchaser obtaining ( 1 or assuming();a conventional (),FICA ( ),VA (), HQU lei L M VItDA()or other(describe)( 1 loan secured by a first deed of trust lien on the Property,in the principal amount of$ bearing interest(1 at a fixed rate not exceeding %per year,or(1 at an adjustable rate with an initial rite not exceeding %per year and a maximum rate during the term of the loan not exceeding %per year,or( )at the prevailing rate of interest at the time of settlement,amortized over a term of years,and requiring not more than a total of loan discount points,excluding a loan origination fee or an assumption fee not exceeding$ (If this Contract provides for the assumption of a loan:(i)the parties acknowledge that the balance set forth above is approximate,and that the principal amount ,. to be assumed will be the outstanding principal balance on the date of settlement,and(it)Purchaser shall assume all obligations of Seller under such loan I O$ N/A (b)THIRD PARTY SECOND TRUST:As set forth In paragraph 5,this sale is also subject to Purchaser obtaining a loan secured by a second deed of trust hen on the Property in the principal amount of$ ,hearing interest at a rate not exceeding so per year,amortized as follows: - ,and requiring not more titan a total of_ loan discount points,excluding a loan origination fee O$NLA (c)SELLER FINANCING:Seller agrees that$ of the Purchase Pnce shall be evidenced by a note made by Purchaser in the principal amount of $ bearing interest at the rate of %per year,amortized as follows: .'the note shall he secured by a deferred purchase money()first,()second or(specify prionty)_ ( )deed of trust lien on the Properly.The deed of trust and note shall provide,among other things,that:(i)the note shall be due and payable in full if the Property,or any interest therein,is transferred, sold or conveyed;(ii)Purchaser shall have the right to prepay the note at any tune and from time to time in whole or in part( 1 with a premium or penalty of %of the amount prepaid or()without premium or penalty;(oil a late payment charge not exceeding five per cent of the payment may he assessed by Seller for any payment more than seven(7)calendar days late;and(iv)other terms.—_ ( 1$_N/A (d)OTHER FINANCING TERALS'Describe in paragraph 10 below ( I DEPOSIT:See paragraph'below.()$ BALANCE OF THE PURCHASE PRICE:'Rb be paid by Purchaser at settlement(approximate in the case of a loan assumption) ()$ T(TGU.PURCHASE.PRICE Leach Pn0 ent.Ce.d - 4 DEPO er has made a deposit with— p (the"Escrow Agent"),of__ Dollars($ S —)(the"Deposit')( 1 m cash,00 by check,or( )by a note due and payable on —,19 receipt of which is hereby acknowledged.'Ithe Deposit shall be held in escrow by the Escrow Agent until settlement and then applied to the Purchase Price. (b)If the Escrow Agent is a licensed real estate broker,the Deposit shall he held and applied in conformity to the Regulations of the Virginia Real Estate Board.Pursuant to such Regulations, the Deposit will be placed in an escrow account of the Escrow Agent until this transaction has been consumnated or terminated The Regulations provide that if this transaction is not consummated, the Escrow Agent shall hold the Deposit in escrow until(i)all parties to the transaction have agreed in writing to the disposition therrnf,or(ill a court of competent jurisdiction orders disbursement,or(iii)the Escrow Agent can pay the funds to the party who is entitled to receive them in accordance with the clear and explicit terms of this Contract In the latter event. prior to disbursement,the Escrow Agent shall give written notice to the party not to be paid,by either(il hand(Rival y receipted for by the addressee,or(u1 by regular and'ertihed mail,that his payment will be made unless a written protest from that party is received by the Escrow Agent within(301 days of the delivery or mailing,as appropriate,of the notice 5.FINANCING.This Contract is contingent upon Purchaser obtaining a written commitment ui commitments,as the case may he,for the thud party financing or loan assumption required in paragraph 3 Purchaser agrees to make written application for such financing or assumption within. business days of the due nl acceptance of this Contract and to diligently pursue obtaining a commitment therefor If Purchaser does not obtain such a written commitment and so notifies Seller or the Selling Itrnkm or the Listing Broker in writing before 5I10 p m local time rah , 19 , lien this Contract shall terminate upon the giving of such notice and the Deposit shall he refunded to 1'uiehascr. II such a notice is not received by the deadline,or such later deadline as the parties may agree upon in writing,then the financing contingency provided herein shall he deemed to be smelled Failure of Purchaser to make such application or to diligently pursue obtaining such financing shall he a default hereunder .. , , h LOAN FEES.If a lender making a loan described in paragraph 3 requires a discount fee or"points"as a condition of making the loan,Seller agrees to nay the first trust lender up to %of the principal amount of the first trust loan and the second trust lender tip to _%of the principal amount of the second trust loan,if any Except as otherwise agreed in this paragraph(s and paragraph I on the REVERSE SIDE.HEREOF,Purchaser shall pay all other costs and fees associated with obtaining the loan or loans. 7.SETTLEMF ;P \SESSION.Settlement shall Mlnade at Bolen'4 az oiine y'b 0 ij 6j-(.ce on or about 7 ,19 0 b Possession of the Property shall he goes at settlement,unless otherwise•' d In witting by the parties R BROKERAGE FEE.Seller represents tha{hp has agreed that the Listing Broker will he paid a fee for cervices Of 4 CLeZi--pILi4i'event this is a(imperative sale, the Selling Broker is to receive fY/A of the fee to he paid the Listing Broker Seller hereby authorizes and directs the settlement agent to disburse to the testing thinker and the Selling Broker from Seller's proceeds the respective portions of the fee at settlement 9.SELLER'S AND PURCHASER'S OPTIONS. In the event that the total cost of fulfilling Seller's oliL''alA us set forth in paragraphs B, E.F and(1 on the REVERSE SIDE HEREOF exceeds $ ,Seller shall have the option to(i)pay the total cost,or(ii)pay$—111I to Purchaser and n•fuse•to pal'any excess over that amount If Seller elects(ii),Purchaser shall have the option to(x)accept the Property in its present condition,in which case Seller shall pay$. _N/A--to Purchaser at settlement,or(y) terminate this Contract and recover the Deposit. 10.OTHER ITEMS:(Use this space for additional terms not covered in this Contract.) N/A Addendum Attached: No, X Yes,Consisting of I pages. II STANDARD PROVISIONS ON REVERSE SIDE HEREOF All the Standard Provisions on the REVERSE SIDE HEREOF;h•f:igmrpnrated by reference and shall apply to this Contract,unless expressly modified in paragraph to and except the following lettered Standard Provisions,which are hereby deleted: N/A .(If none are deleted,state"None"in this blank I. 12.ACCEPTANCE.This Contract,when signed by Purchaser,shall be deemed an offer and shall remain in effect until 5:00_PM.(time),_Aug• 9_,19_8_8__.If not accepted by Seller within that time by delivery of a signed copy of this Contract to Purchaser,the Listing Broker or the Selling Broker it shall become null and void. WITNESS the following signatures and seals: . (SEPARATE ALL COPIES BEFORE SIGNING BELOW) -7� �/J Si.....- n Seller accepts this offer this .5 v,day of /'r�C�K —,19 " . z /� PJ / , - �(n/LtJ ooIl t r C/ (SPAT.) J V`-aaa.ar--_ �) lll2+. (SEAL) • Rmiuser //_- seller `, 23/ - 7 /7/7 (SEAL) PorJoaser Ki Security Number The undersigned ext s Chime t(if• nopriaa•1f1,u acknmdedke nceipt of the Deposit A (SEAL) and agrees to h ?trill in•; e; m with the temps of this Contract Seller/ 9' SO ! __- ISfU.I 1 tit}Number "'IRGINIA ASSOCIATION OF REALTOR£ DENDUM TO CONTRACT OF PURCHAa,:; fral REALTOR' °"°"'°"" This ADDENDUM,which is attached to and made a part of a Contract of Purchase dated Auglcbt 5 . 19 $� among Stephen W. Mann,i.a 7 Teneaa L. Mani- ("Seller"), and Richard Paul Schoenwe ter ("Purchaser"), and Leach Pnopen i.ea g InveAtmentts, Inc. ("REALTOR®"), provides: 1. Subject pnapetty must pate a peck teat arranged eon. and paid by Buyers. 2. County o6 ALbemaltee mw t approve a zoning van,i.ance wh-Lah aXtow the two aubject .Lots to be combined into one bon bwitdLng putpaaea with only aeeeoa to tot being bnom VSH 675. This expenae w.itt be bonne by Buyers. car v-Eti e 3. Th.s contract cant�ngent upon cona�u . ttingLe am%Ld�i twzge (('� � T9 not to exceed $105,000.00 bw%Lden.. 4. Th1,6 contract io contingent upon approvat a6 conztruc ion Loan not to exeeed �' • WITNESS the toll ing duly authorized signatures and seals: (SEPARATE ALL COPIES BEFORE SIG/ BE /� t r�� i (SEAL) l t ..2-f II, � ..._1.N I- (SEAL) Sell • Purchaser ', P. (I 4. Pitt A a • (S ) (SEAL) Seller Purchaser 67.(47 /c'44 '`-�� (SEAL) REALTOR® (The foregoing form may only be used by members in good standing of the Virginia Association of REALTORS*.Expressly prohibited are the duplication or reproduction of such form,or the use of the name "Virginia Association o/ REALTORS*" in connection with any written form,without the written consent of the Virginia Association o/REALTORS®.) VAR Form 600-C 11/82 ' . A y "'?'' � ,w 9 es ` (�; i,S,* 1�o� \ D j . a `� I `" j• a �y �� is T G • . . 4. . ,::50/":0113‹ ca. r N 'S r• 1\ r NU v i �t +•4 . I S ,...-- 6.... It *. ) 11 :A I i \ '‘ C • 9, $ ...P $.c. , Pp) C t a i o \ " t• ` \ 1 Z., (.0'.\• -nP 1-1 ' . if)/ ... -:(2 „.. y G/o- ' "t i •I C: C. , 0 V- `J w a. -y /p o sr. o. , • • 6C �\ I o `. sic` ,. r` I �1 \. ) . ) y. a _b rY so v Y C. ftit+ , I i s • ):5' '4*. "J. '''''' ,,, (1' ; . ‹I‹. t• ...• IC) I • bitard' ‘\/l4 �• ,, , c '- .n,hC .Ll t ,. I • ar • ,Tll! �„ • trot 4 cn �.1 �r �131. Q . ir, f�l . ALBEMARLE COU -Y D.B.260, Pape 487 77e PI / n 41111 „7' �0 , \•1. 7s ' L in ` 4. Age 44 N"/' - c:......1 Zetzp/t‘ gettki. s \ A mat iii\ -. ��� AIBEAUR ) N.N... • 7 ;sr.. .. VA-88-69 Schoenwetter, Richard P. 73 .....02''.--- 45 } Tax Map 41A, Parcels 94 & 95 47 .,>.‹..59 15 ) A .‘• 41 57 as L.........Z..16•12 - ‹14.55. 70,30' 39 SS • 17 96A 37 31 31 34 . _ 21 Ego.y 49f x !s \:11 32 ` \v 33 i4 / 93. 33 30 23 91% 90 ,� B9 \.3..433 29 E!IS, �. r ( t . \ I / rs + l / •\ \ •,'ipppYo ou„pW \ SCALE N,a7 WHITE HALL DISTRICT SECTION 4I-A am • '" '" '" ALBEMARLE LAKE INSERT ALB A - (cc 1 PLCCATION FOR; �, � . FILE NUMBER heck one) ��1 ( , IIlliil ,,,�, 9 O/83' IANCE C.) '' DATE S I'11'Eu ❑ SPECIAL USE PERMIT )F(3 O• ❑ REZONING '=_ 'EE PAID (see reverse) ❑ ZONING TEXT AMENDMENT I �Z ❑ MOBILE HOME DATE OF PRELIM CONF. ❑ HOME OCCUPATION 4) ❑ ACCESSORY TOURIST LODGING STAFF AT PRELIM. CONF. ►e R IS OWNER (a currently ed in Real Estate) Name.54*9 , Lis a4'4-✓ e,t yse:SN ,evy.✓t- Aloi iS Phone ( ) - Address 23' ,Fax GPO �o v�/d j exrpo APPLICANT (if different from owner) • )(Name P tcHR R.D PILL 5c N e E4c U- T ra . Phone ( ) - Address R-r 381-n C(-t AQ+_t;-r i W i LLB V/a . ZZ o 1 CONTACT PERSON (if different from above) Name KERR/ GORR1so� Phone (8 i) - 336C c/o LEPtH PRoek-g-nES Address Sol r i u Leo,-ire. OIZ . Su ire- 2L CNA2LoITt=5J.'it,LF, UR . Zz4o / LOCATION: 4/ "/G7f n.6e0/Goo / J E' of i%e_for .✓ kr.i' /0"64'9 "7, .69/derrn r e/c .C"r.60 TAX MAP/PARCEL NUMBERS (use reverse if needed) (ot 4 _ .`I'3 \ ( i S r�o Iry 1. QYlAp - QQ - 1QQ ' a2 `fQg 3• - - L 2. C2. YL /_9Q - f111 ' DP ' Q2 (.O 4• - - EXISTING ZONING R ) PROFFERED? Yes _ No _ Acreage if different DESIRED ZONING 74) PROFFERED? Yes _ No - Acreage if different EXISTING USE ✓e,c v /,r PROPOSED USE elm 4#,ie• /sft w.✓ad 6w/a/ /f evSe% ORDINANCE SECTION(S): /0. V DESCRIPTION OF REQUEST: CO PAt3a r Ga �a• `i c ct S A o 0 THega EcA F p.A i T L T LINE t3�T w(7: T ti E. TAG JUSTIFICATION FOR REQUEST: Tay eorn 61 n1, NCi Lo-r$ qq 4 45 /^' o E. Lc-r- T l-U5 CREATE. A vEt y Ncc-e. Be{,e.oAer. • The foregoing information is complete and correct to the best of my knowledge. I have read and understand the provisions of the Albemarle County Zoning Ordinance applicable to this a lication. ,Ye Signed Date ? / �9 198 VA-88-69. Stephen W. Morris (owner) , property known as tax map 41A, parcel 94 & 95, located on the east side of Rt. 725, +/- . 1 mile south of its intersection with Rt. 669, zoned RA. The applicant seeks a variance from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the lot area requirement from the required two (2) acres to ninety-seven hundreths ( . 97) of an acre, and relief from Section 4 . 1. 6 to allow for only the original septic disposal field, a variance from the requirement to provide for original and future replacement disposal fields adequate to serve such use. and of Zonin Appeals Date: /IL/ Act►ilon %