Preview
INDEX NO. E2024002906
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3743486
Book Page CIVIL
Return To: No. Pages: 9
DERRICK ANTHONY SPATORICO.
Instrument: EXHIBIT(S)
Control #: 202402141060
Index #: E2024002906
Date: 02/14/2024
NETTNIN, JASON Time: 2:14:53 PM
GAFF PROPERTIES LLC
MARINO, NICHOLAS
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
MIA
INDE&& HOE 262402290
906
FLEE MONROE COUNTY CLERK 0271472024 07:55 AM
NYSCEF BOC. NO. 2 RECEIVED NYSCEF: 02/14/2024
EXHIBIT A
REAL ESTATE CONTRACT
INDIEXNG
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NYS CRD OC cedar ernest RECEIVED NYSCEF: 02/14/2024
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Grecter Rochester
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PURCHASE AND SALE CONTRACT
FOR RESIDENTIAL PROPERTY
WARNING: THIS CONTRACT FORM CANNOT BE USED IF THIS TRANSACTION IS COVERED BY THE
HOME EQUITY THEFT PREVENTION ACT (Section 265-a of New York Real Property Law).
Plain English Form published by and for the exclusive use of the Greater Rochester Association of REALTORSS, Inc.,
the Monroe County Bar Association, and those County Bar Associations that have approved its use.
COMMISSIONS OR FEES FOR THE REAL ESTATE SERVICES TO BE PROVIDED
ARE NEGOTIABLE BETWEEN REALTOR® AND CLIENT.
When signed, this document becomes a binding contract. Buyer and seller should consult their own attorney.
Buyer acknowledges that information contained in the Multiple Listing Service is not guaranteed and should be
independently verified before signing this Contract.
TO: Gaff Properties LLC and (the “Seller")
Jason Nettnin
FROM: and (the "Buyer")
Seller agrees to sell, and Buyer agrees to purchase, the real property described below on the terms stated in this Purchase and Sale
Contract for Residential Property, as well as the Addenda referenced herein and attached hereto (collectively, the “Contract"). Seller and
Buyer may each be referred to individually as a "Party" and collectively as the “Parties.”
1. PROPERTY.
(A) Property Description; Seller's Power and Authority. Real Property known as 48 Brooktree Drive
in the County of Monroe Town O City O Village of Perinton , State of New
York, Zip 14526 also known as Tax No. 264489-139-140-0001-045-000 including all
uildings and any other improvements and all rights which the Seller has in or with the premises (the “Property").
Approximate Lot Size: 116 X_157 . Description of buildings on Property:
Single family home with attached garage
Seller represents to Buyer that: (i) Seller owns the Property and has the power and authority to sell it, (ii) Seller is not in bankruptcy,
and (iii) Seller has sufficient funds (including the proceeds from this sale) to close this transaction and pay Seller's closing
expenses.
(B) Other Items Included in Purchase. Any of the following items and all related equipment and accessories for such items now in
or on the Property are included in this purchase and sale, which Seller represents are owned by Seller: All awnings, carbon
monoxide detectors, central vacuum system, curtain and traverse rods, electric garage door opener and remote control devices,
exhaust fans, fences, fireplace screens and enclosures, flowers, garbage disposal, heating systems (except as provided in
Paragraph 5(G)), hoods, intercom equipment, lighting fixtures, ceiling fans, mail box, plumbing systems, septic and private water
systems, satellite dishes, screens, security systems and security codes, sheds, shrubs, smoke detectors, storm doors, storm
windows, sump pumps, swimming pool, trees, underground pet containment fencing with transmitter and collar receiver(s), wall-
to-wall carpeting and runners, water softeners, window boxes, window blinds and shades, and the following, if bui in; air
conditioning (except window units), humidifier, TV antennae, TV wall mount, basketball apparatus, cabinets, dishwashers,
microwave ovens, mirrors, outdoor playsets, ovens, shelving, stoves, and trash compactors. Buyer agrees to accept these items
in their present condition. Other items to be included in the purchase and sale are:
-
aw
Items excluded are:
No exclusions
Seller represents that Seller has good title to all of the above items to be transferred to Buyer and will deliver a Bill of Sale for the
above items at Closing (as hereinafter defined below in Paragraph 2(A)).
i Seller shall cause any heating, plumbing, air conditioning, electrical systems and included appliances to be in working order at
the time of Closing, except for No exceptions The prior sentence shall not be
construed as a warranty or guarantee after Closing.
Copytight ©2020 by Greater Rochester Association of REALTORS®, Inc. and the Monroe County Bar Association. All Rights Reserved. Page 1 of 7
J
Purchase and Sale Contract for Residential Property
(All Prior Versions are Obsolete)
Seller's Initials ” Buyers Initials
TRANSACTIONS
Tomaciantnkesition
FLEE MONROE COUNTY CLERK 0271472024 07:55 AM INDIEXNG
E 2820102008. 906
NYS CEE DQG techremssceumne
Orta st RECEIVED NYSCEF: 02/14/2024
2. PURCHASE PRICE, ADJUSTMENTS, CREDITS AND TAXES.
(A) Price & Payment. The purchase price (the "Purchase Price"), payable in U.S. Dollars as foll
is.....
(1) Deposit. The following deposit in the form of Oi cash ll personal check1 offi jal
. mn
bank
$. 220,000.00
check or O wire transfer (the “Deposit") ..... 2,500.00
(2) Seller Concession. At Closing, Seller shall pay the sum of 0 _a % of the Purchase
oO ("0" if left blank) toward lender approved costs and prepaid items (the "Seller Concession”).
Adjusted Balance Due. Upon delivery of the deed ("Closing"), the Purchase Price less (1) the Deposit and (2) Seller
Concession, subject to any closing adjustments and credits as provided in this Contract, shall be paid in cash, official bank
draft or certified check at Closing (some or all of which may be paid with the proceeds of a new loan).
(B) Deposit; Default. Buyer 0 has delivered & will deliver within two (2) calendar days of acceptance the Deposit set forth in
Paragraph 2(A)(1) payable to and held in escrow by Keller Williams Realty Greater (the “Escrow Agent") which
will be deposited at Lyons (the “Bank") and which Deposit is to become part
of the Purchase Price or returned if not accepted orif this Contract thereafter fails to close for any reason not the fault of the Buyer.
If Buyer fails to complete Buyer's part of this Contract, Seller is allowed to retain the Deposit to be applied to Seller's damages and
may pursue other available rights and remedies Seller has against the Buyer, including but not limited to a lawsuit for any real
estate brokerage commission paid by the Seller. If Seller fails to complete Seller’s part of this Contract, Buyer's Deposit will be
returned to Buyer, and Buyer may pursue other available rights and remedies Buyer has against Seller.
(c) Seller Concession. If the Seller Concession set forth in Paragraph 2(A)(2) exceeds the lender approved costs and prepaid items,
the Seller Concession shall be reduced to an amount equal to the lender approved costs and prepaid items.
(D) Transfer Tax, Recording Costs, Mortgage Tax and Closing Adjustments. Seller will pay the real property transfer tax and
special additional mortgage recording tax, if applicable. Seller will also pay for the recording/filing of any documents necessary to
convey record marketable title, including, but not limited to death certificates, bankruptcy court orders, and affidavits (ie. Alive and
Well, Bankruptcy, Estate Tax, Heirship, Judgment, etc.). Buyer will pay for recording the deed and mortgage, mortgage tax and
mortgage assumption charges, if any. Excluding delinquent items, interest and penalties, the following will be prorated and
adjusted between Seller and Buyer as of the Closing Date (as hereinafter defined below in Paragraph 6(B)): taxes, other
assessments and municipal charges computed on a fiscal year basis; rent; common charges or assessments; fuel oil; propane;
water, pure water and sewer charges. If the Purchase Price is $1,000,000.00 or more, then the additional transfer tax identified in
Section 1402-a of the Tax Law shall be paid by the O Seller O Buyer (check one).
3. CONTINGENCIES. This Contract is subject to the following contingencies. If any of these contingencies are not satisfied by written
notice to the other Party by the dates specified (collectively, the “Contingency Deadline Dates’), then either Buyer or Seller may cancel
this Contract by written notice to the other, provided that the applicable contingency has not otherwise been satisfied by a Party after
the applicable Contingency Deadline Date by written notice to the other Party and prior to any date on which this Contract is cancelled.
(Check and complete applicable provisions.)
(A) Financing.
@ (1) Mortgage Commitment. The Contract is subject to Buyer obtaining and accepting a written
Conventional mortgage loan commitment in an amount not to exceed &I 85 % of the
purchase price or O $. atan interest rate not to exceed %, fora term of.
years (the “Commitment”). Buyer shall immediately apply for this loan and shall have until 0,
to obtain and accept a Commitment. The conditions of any such Commitment shall not be deemed contingencies of this
Contract but shall be the sole responsibility of Buyer; however, a commitment that is conditioned on an appraisal of the
Property shall not be deemed a “Commitment” hereunder. If the Commitment requires repairs, replacements, or
improvements, Seller shall furnish the requisite materials and have the work done before Closing, at Seller's expense.
However, if the cost of doing so exceeds $. , Seller shall not be obligated to furnish such materials
and have such work done, and Buyer will be allowed either to receive a credit at Closing for the above amount and incur
any necessary expenses to comply with the Commitment requirements, or to cancel this Contract by written notice to
Seller, and any Deposit shall be returned to Buyer. Acceptance of a Commitment by Buyer shall be deemed a waiver
and satisfaction of this contingency.
O (2) Cash Transaction. This Contract is subject to Buyer providing Seller with written proof that Bu yer has. a
available U.S. funds in the amount of the Purchase Price by .
O (3) Additional Financing Terms.
O (B) Sale and Transfer of Title. This Contract is subject to the sale and transfer of title of Buyer's existing real property pursuant
to the terms and conditions of the Sale and Transfer of Title Contingency Addendum.
O (C) Inspection of Property. This Contract is subject to inspection(s) of the Property pursuant to the terms and conditions of the
Property Inspection Addendum (the “Property Inspection”).
eanant ©2020 by Greater Rochester Associatio1 n of REALTORSS®, inc, and the Monroe County Bar Association. All Rights Reserved, Page 2 of 7
Purchase and Sale Contract for Residential Property
| G (All Prior Versions are Obsolete) JN,
elier's Initials Buyer's Initials
Pp tansacrions
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FLEE MONROE COUNTY CLERK 0271472024 07:55 AM
NYSC Eh POG rach Oe rabies teecesmmests: RECEIVED NYSCEF: 02/14/2024
O (D) Building Code Compliance. This Contract is subject to Seller delivering to Buyer, at Seller's expense, all permits, certificates
of compliance and/or other comparable proof of compliance with building codes and ordinances (the “Certificates") on
file with
the applicable municipality within ten (10) calendar days of acceptance. The Buyer shall have five (5) calendar days
from
Buyer's receipt of the Certificates or receipt of written notice that no Certificates exist to deliver to Seller a written demand that
Seller obtain specific/certain Certificates (the “Demand’). If the Demand is not timely delivered by Buyer, this Building Code
Compliance Contingency is deemed waived by Buyer. Upon Seller's receipt of Buyer's Demand, Seller shall have five (5)
calendar days to (i) provide the Certificates specifically demanded by Buyer, or (ii) enter into a written agreement with the Buyer
addressing the Certificates to be provided to Buyer.
O (E) Other Contingency(s).
4. APPROVAL OF ATTORNEY(S). This Contract is subject to the written approval of attorneys for Buyer and Seller within 3__ days
(no less than three (3) days, excluding Saturdays, Sundays and public holidays and “3” if left blank), from date of acceptance (the
“Approval Period’). If either attorney (i) does not provide written approval within the Approval Period or (ii) makes written objection
to
or conditionally approves (collectively, the "Objections”) the Contract within the Approval Period and the Objections are not cured by
written approval by both attorneys and all of the Parties within the Approval Period, then (A) either Buyer or Seller may cancel this
Contract by written notice to the other and any Deposit shall be returned to the Buyer or (B) the approving attorney may notify the other
Party and any attorney listed below in writing that no approval has been received and that the noticed Party has two (2) days, excluding
Saturdays, Sundays and public holidays, from receipt of the notice (the “Grace Period’) to provide written attorney approval
or
disapproval of the Contract. The approving attorney shall provide to the noticed Party and to any attorney listed below a copy of the
approving attorney's approval letter, whether conditional or not, along with the written notice of the Grace Period. If written attorney
approval or disapproval is not provided to the approving attorney within the Grace Period, then this Approval of Attorney(s) contingency
shall be deemed waived by the noticed Party and any conditions in the approving attorney's approval letter shall be deemed accepted
by the noticed Party.
CONDITION OF PROPERTY.
(A) Seller's Property Condition Disclosure Statement. (check one box only)
@ (1) Seller has provided Buyer with the attached Seller's Property Condition Disclosure Statement.
(2) Seller has not provided Buyer with Seller's Property Condition Disclosure Statement, and Seller shall credit Buyer $500.00
at Closing in lieu of such Statement.
O (3) Is not applicable.
(B) Representations Pertaining to the Home Equity Theft Prevention Act (“HETPA”), (check applicable box(es))
® (1) Buyer. Buyer represents to Seller as of the date of acceptance that Buyer is acquiring the Property to use the Property
as
Buyer's primary residence and that Buyer will occupy the Property as Buyer's primary residence.
C (2) Seller. To Seller's actual knowledge, Seller represents to Buyer as of the date of acceptance that there is no active Lis
Pendens filed against the Property to foreclose a mortgage pursuant to Article 13 of the New York Real Property Actions
and Proceedings Law, the Property is not on an active property tax lien sale list, and Seller is not two (2) months or more
behind in Seller's mortgage payments with respect to the Property.
(C) Certificate of Occupancy. If applicable laws require, Seller shall apply for a Certificate of Occupancy for the Property no less
than ten (10) calendar days after acceptance and furnish it before Closing. However, if the cost of obtaining the Certificate
of
Occupancy exceeds $. , Seller shall not be obligated to provide the Certificate of Occupancy, and
Buyer will be allowed either to receive a credit at Closing for the above amount, or to cancel this Contract by written notice to
Seller, and any Deposit shall be returned to Buyer.
(D) Zoning Code Compliance. Seller represents to Buyer that the Property is zoned for use as a
and the Property is in compliance with applicable zoning codes and ordinances.
(E) Condition of Property. Buyer agrees to purchase the Property and any items included in the purchase AS IS except as provided
in Paragraph 1(B), subject to reasonable use, wear, tear, and natural deterioration between now and Closing. However, this
Paragraph shall not relieve Seller from furnishing a Certificate of Occupancy as called for in Paragraph 5(C) and/or certificate(s) of
compliance as called for in Paragraph 3(D), if applicable.
(F) Gas, Mineral, Oil and Timber Rights. Seller represents that all gas, mineral, oil and timber tights will transfer with the Property
except:
(G) Services. Seller represents the Property is serviced by: i Electric, O Fuel Oil, 1 Gas (Natural), O Propane, i} Public Sewers,
@ Public Water, O Septic System, O Well, O Other:
If Propane is checked, Seller represents that the propane tank (check one box only) Cis not L7is owned by Seller and that there
(check one box only) Dis not His an existing written contract to provide propane between the propane company and Seller.
6. CLOSING AND POSSESSION.
(A) Pre-Closing Walkthrough. Buyer shall have the right to walk through the Property within forty-eight (48) hours before the time of
Closing to ensure that the Property is in the condition existing at the time of acceptance subject to reasonable use, wear,
tear and
natural deterioration between the date hereof and the Closing. Seller agrees that all utilities shall be on at that time. Seller shall
continue to maintain the Property in the condition existing as of acceptance, through Closing, including, but not limited to, utility
service continuation, lawn and landscaping care, and snow plowing.
Copyright ©2020 by Greater Rochester Association of REALTORS®, Inc. and the Monroe County Bar Association. All Rights Reserved. Page 3 of7
(SF Purchase and Sale Contract for Residential Property
(All Prior Versions are Obsolete) WW Buyer's Initials
‘Seller's Initials
TRANSACTIONS
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(8) Closing Date and Place. Closing shall take place at the Monroe County Clerk's Office or the
offices of Buyer's lender on or before December 29th , 20 23 (the "Closing Date"). At any time after
such specified date, any Party who has completed its obligations under this Contract which are to be completed prior to Closing
may notify the other Party that time is of the essence to close (the “Time of Essence Notice”) which Time of Essence
Notice shall
set forth a specific time for Closing on a day that is at least seven (7) calendar days after delivery of the
Time of Essence Notice
to such other Party pursuant to Paragraph 8(D) below.
(Cc) Possession of Property.
KI (1) Buyer shall have possession of the Property upon Closing, in broom-clean condition, with all keys to the Property delivered
to Buyer at Closing.
O (2) Seller shall have the right to retain possession for calendar days after Closing at the cost of $ per
day inclusive of real property taxes, plus utilities, continuation of lawn, landscaping, pool, and snow maintenance, and refuse
collection, and an escrow deposit by Seller of $. At Closing, a key to the Property shall be delivered to
Buyer. At delivery of possession to Buyer, the Property shall be in broom-clean condition and the remaining keys to the
Property shall be delivered to Buyer.
O (3) Buyer shall have right of early possessi for calendar days prior to Closing at the cost of $. per day
inclusive of real property taxes, plus utilities, continuation of lawn, landscaping, pool, and snow maintenance, an id refuse
collection, and an escrow deposit by Buyer of $ At possession, the Property shall be in broom-clean
condition and a key to the Property shall be delivered to Buyer, the remaining keys shall be delivered to Buyer at Closing.
In the event of retained possession or early possession, the Parties shall enter into a written Pre-Closing Occupancy Agreement
or Post-Closing Occupancy Agreement, the form of which shall be the Monroe County Bar Association’s recommended form
(D) Risk of Loss. Risk of loss or damage to the Property by fire or other casualty until transfer of title shall be assumed by the Seller.
\f damage to the Property by fire or such other casualty occurs prior to transfer, Buyer may cancel this Contract without any further
liability to Seller and Buyer's Deposit is to be returned. If Buyer does not cancel but elects to close, then Seller shall
transfer to
Buyer any insurance proceeds, or Seller's claim to insurance proceeds payable for such damage.
7. TITLE MATTERS.
(A) Title and Related Documents. Seller shall deliver at Seller's expense:
(1) Not later than five (5) calendar days after acceptance of this Contract by Buyer and Seller, Seller shall order (i) an abstract of
title, fully guaranteed tax and U.S. Court searches, with a local tax certificate for Village or City taxes, if any (collectively the
“Abstract’) and (ii) an instrument survey map, certified and prepared to meet the Standards of the Monroe County Bar
Association and Buyer's mortgage lender, if any (the "Survey"). Both the Abstract and Survey shall be dated or re-dated after
the date of acceptance, and Seller shall endeavor to deliver the Abstract and Survey along with the draft of the proposed deed
to Buyer or Buyer's attorney within thirty (30) calendar days thereafter, but in any event, not later than fifteen (15) calendar
days prior to the Closing Date in Paragraph 6. Seller will pay for such searches to and including the day of Closing; and
(2) At the Closing, to Buyer, a properly signed and notarized, (i) Warranty Deed with lien covenant (or Executor's, Administrator's
or Trustee's Deed, if Seller holds title as such), (ii) carbon monoxide detector and smoke alarm affidavits, (iii) documents
required by law, (iv) documents required by Buyer's lender, provided there is no cost or liability to Seller, and (v) assignment
of leases and transfer of security deposits, if any.
(B) Marketability of Title. Seller shall convey good and marketable title to the Property in fee simple, free and clear of all liens and
encumbrances. The Parties acknowledge and agree that good and marketable title to the Property, free and clear of all liens and
encumbrances, means, without limit, that all gas, mineral, oil and timber rights will transfer with the Property to Buyer except as
otherwise provided in Paragraph 5(F) above. However, Buyer agrees to accept title to the Property subject to: (a)
restrictive
covenants of record common to the tract or subdivision of which the Property is a part, provided these covenants have
not been
violated or the time for objection to any violation has expired, (b) public utility easements within fifteen (15) feet of lot lines which
do not interfere with any existing improvements on the Property or with any improvements that Buyer may construct in compliance
with all present restrictive covenants or record and zoning and building codes, and (c) fences deviating from the actual
Property
line one foot or less, provided the fence placement does not impair access to the Property from a right of way or cause the Property
to be in violation of any restrictive covenant, easement or agreement of record or of any building, zoning or subdivision code.
Seller and Buyer agree that potential objections revealed by the Survey furnished pursuant to Paragraph 7(A)(1) above shall be
resolved pursuant to the “Suggested Title Standards for Treating Discrepancies Revealed by Surveys” of the Monroe County Bar
Association.
(c) Objections to Title. If Buyer raises a valid written objection to Seller's title which indicates that title to the Property
is unmarketable,
then Seller may cancel this Contract upon written notice to Buyer, and the Deposit shall be returned to Buyer. However, if Seller:
(a) is able to cure the objection on or before the Closing or (b) is able to insure the title objection and Buyer is willing to accept
insurable title, then this Contract shall continue, subject to the Seller curing the title objection and/or providing insurable title at
Seller's expense. If Seller fails to cure the title objection on or before the Closing Date, or if Buyer is unwilling to accept insurable
title, Buyer may cancel this Contract upon written notice to Seller and the Deposit shall be returned to Buyer.
8. BROKERS & MISCELLANEOUS.
(A) Real Estate Broker.
@ (1) The Parties agree that Jason Nettnin of RE/MAX Plus brought about this purchase
and sale.
O (2) It is understood and agreed by Buyer and Seller that no broker brought about this purchase and sale.
(B) Attorney Disclaimer: In participating in the transaction, an attorney renders no opinion whatsoever as to the value of the Property.
Unless an attorney has actual knowledge to the contrary, it should not be inferred from an attorney's participation in the transaction
that the attorney knows, or is aware of, the facts behind the history of the price negotiations between the Parties.
Copyright ©2020 by Greater Rochester Association of REALTORS®, Inc. and the Monroe County Bar Association. All Rights Reserved. Page 4 of 7
Purchase and Sale Contract for Residential Property
(All Prior Versions are Obsolete)
‘Seller's Initials
TRANSACTIONS
TeonsacionbevkEaion
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({C) Responsibility of Persons Under This Contract; Non-Assignability. If more than one person signs this Contract as Buyer,
each person and any party who takes over that person's legal position will be responsible for keeping the promises made by Buyer
in this Contract. If more than one person signs this Contract as Seller, each person or any party who takes over that person's legal
Position, will be fully responsible for keeping the promises made by Seller. However, this Contract is personal to the Parties and
may not be assigned by either without the other's consent.
(D) Notices.
(1) In General.
@ Notices under this Contract shall be in writing and deemed delivered upon receipt. Except as otherwise provided in
Paragraph 8(D)(2) below, notices under this Contract may be made by a Party or by the attorney or the listing/selling
agent for such Party and may be received by the other Party or by the attorney or the listing/selling agent for such other
Party. Seller and Buyer agree that notices under this Contract may be delivered to any address, fax number, and/or e-
mail set forth on the Administrative Information page of this Contract for a Party, the attorney for a Party, or the
listing/selling agent for a Party, as applicable.
(ii) Delivery of notices under this Contract shall be made by personal delivery, overnight courier, first class mail, fax, or e-
mail, except as otherwise provided in Paragraph 8(D)(2) below.
(iii) If delivery is made by personal delivery, the notice(s) delivered shall be deemed received on the date delivered. Ifdelivery
is made by overnight courier or first-class mail, the notice(s) delivered shall be deemed received one calendar day,
excluding Saturdays, Sundays and public holidays, following the date upon which the notice(s) are deposited with the
overnight courier service with delivery charges prepaid or charged to sender's account or with the postal service with
required postage affixed. If delivery is made by fax, the notice(s) transmitted shall be deemed received on the date the
sender receives confirmation from the recipient's equipment that the entire transmission has been received. If delivery is
made by e-mail, the notice(s) transmitted shall be deemed received on the date the sender's e-mail is located in the sent
e-mail folder of the sender, except as otherwise provided in Paragraph 8(D)(2) below.
(2) Special Notices. Any (i) Time of the Essence Notice, (ii) notice of cancellation or termination of the Contract, (iii) bump notice
of Seller, (iv) Buyer's notice of removal of sale and transfer of title contingency, or (v) Buyer's notice of preservation of Buyer's
transfer of title contingency made under this Contract (each, a “Special Notice") may only be made by a Party or the attorney
for such Party and may only be received by the other Party with a copy to such other Party's attorney and to the listing/selling
agent of such other Party, if designated on this Contract. Further, if any Special Notice is delivered by e-mail, then a true and
complete copy of the e-mailed Special Notice shall also be mailed by first class prepaid mail within one calendar day, excluding
Saturdays, Sundays and public holidays, following the date of the e-mail, and the e-mailed Special Notice shall be deemed
received on the date the sender's e-mail is located in the sent e-mail folder of the sender, provided the required mailing by
first class prepaid mail is completed.
(E) Entire Contract; Miscellaneous. This Contract when signed by both Buyer and Seller will be the record of the complete
agreement between the Buyer and Seller concerning the purchase and sale of the Property. This Contract may be signed in
counterparts. No oral agreements or promises will be binding. Seller's representations in this Contract shall not survive after
Closing. If any provision of this Contract is rendered invalid or unenforceable, it shall not affect the validity or enforceability of the
remaining provisions. This Contract shall be construed, enforced and interpreted under the laws of the State of New York, without
regard to principles of conflicts of laws.
(F) Electronic Signatures. The Parties agree and consent that this Contract, and every demand, notice and objection given under
this Contract, may be signed and initialed in any manner permitted by New York State law, including the Electronic Signatures and
Records Act and applicable regulations.
(G) Addenda. The following Addenda are incorporated into and attached to and made a part of this Contract:
Q Agricultural Districts/Farming Activity Disclosure Uncapped Natural Gas Well
All Parties Agreement (FHA/VA) O Personal Property Agreement Disclosure
Contingency Addendum Q Property Inspection O Utility Surcharges
Electric Availability O Rented Property O Wayne County Disclosure
Home Warranty O Sale & Transfer of Title Notice for all Residential Property
Lead Compliance Short Sale Approval OC Well and Septic System
Other:
OTHER TERMS. (If blank, this paragraph is not applicable) In the event of a conflict between the provisions of this paragraph and
the provisions of any other paragraph of this Contract, the provisions of this paragraph will control.
Buyer is a licensed real estate agent representing himself
10. LIFE OF OFFER. This offer shall expire on November 17th , 2023 at 12 00 Pm,
Gopyright ©2020 by Greater Rochester Association of REALTORS®, Inc. and the Monroe County Bar Association. Alll Ri ights Reserved. Page 5 of 7
GP Purchase and Sale Contract for Residential Property
(All Prior Versions are Obsolete) IN.
Seller's Initials Buyer's Initials
TRANSACTIONS
Transactionteskesiion
INDIEXNG
E 2820102008. 906
FLEE MONROE COUNTY CLERK 0271472024 07:55 AM
NYS. hefis OC reall Desde remssmesonmst RECEIVED NYSCEF: 02/14/2024
Bl PROPERTY INSPECTION DECLINED. Buyer has reviewed the terms and conditions of the Property Inspection Addendum and Buyer
elects not to conduct a Property Inspection.
(Je son Nettnin 11/16/2023
Buyer Jason Nettnin Date Buyer Date
C] ACCEPTANCE OF OFFER BY SELLER. Seller accepts the offer of Buyer and agrees to sell on the terms and conditions set forth
in the Contract.
Pc ci COUNTEROFFER BY SELLER. Seller agrees to sell the Property in accordance with the terms and conditions of the Contract,
xcept as amended and modified as follows: (attach additional sheets if necessary)
Seller accepts offer provided purchase offer to be $240,000
Seller will allow buyer garage access only after mortgage
commitment has been issued. Seller will also allow buyer to
fence in yard after mortgage commitment and prior to
closing. All other terms and condtiions to remain the same
In any conflict of terms and conditions between this counteroffer and the Contract, the terms and conditions of this counteroffer shall
prevail.
This counteroffer shall expire on 20, at
Authentisics
(AYE 11/17/23
Seller Date Seller Date
[X]accePTance OF COUNTEROFFER BY BUYER. Buyer accepts the offe
Preview
INDEX NO. E2024002906 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3743486 Book Page CIVIL Return To: No. Pages: 9 DERRICK ANTHONY SPATORICO. Instrument: EXHIBIT(S) Control #: 202402141060 Index #: E2024002906 Date: 02/14/2024 NETTNIN, JASON Time: 2:14:53 PM GAFF PROPERTIES LLC MARINO, NICHOLAS Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK MIA INDE&& HOE 262402290 906 FLEE MONROE COUNTY CLERK 0271472024 07:55 AM NYSCEF BOC. NO. 2 RECEIVED NYSCEF: 02/14/2024 EXHIBIT A REAL ESTATE CONTRACT INDIEXNG E 2820102008. 906 NYS CRD OC cedar ernest RECEIVED NYSCEF: 02/14/2024 ia Grecter Rochester Paseing eas Lone (cea eon PURCHASE AND SALE CONTRACT FOR RESIDENTIAL PROPERTY WARNING: THIS CONTRACT FORM CANNOT BE USED IF THIS TRANSACTION IS COVERED BY THE HOME EQUITY THEFT PREVENTION ACT (Section 265-a of New York Real Property Law). Plain English Form published by and for the exclusive use of the Greater Rochester Association of REALTORSS, Inc., the Monroe County Bar Association, and those County Bar Associations that have approved its use. COMMISSIONS OR FEES FOR THE REAL ESTATE SERVICES TO BE PROVIDED ARE NEGOTIABLE BETWEEN REALTOR® AND CLIENT. When signed, this document becomes a binding contract. Buyer and seller should consult their own attorney. Buyer acknowledges that information contained in the Multiple Listing Service is not guaranteed and should be independently verified before signing this Contract. TO: Gaff Properties LLC and (the “Seller") Jason Nettnin FROM: and (the "Buyer") Seller agrees to sell, and Buyer agrees to purchase, the real property described below on the terms stated in this Purchase and Sale Contract for Residential Property, as well as the Addenda referenced herein and attached hereto (collectively, the “Contract"). Seller and Buyer may each be referred to individually as a "Party" and collectively as the “Parties.” 1. PROPERTY. (A) Property Description; Seller's Power and Authority. Real Property known as 48 Brooktree Drive in the County of Monroe Town O City O Village of Perinton , State of New York, Zip 14526 also known as Tax No. 264489-139-140-0001-045-000 including all uildings and any other improvements and all rights which the Seller has in or with the premises (the “Property"). Approximate Lot Size: 116 X_157 . Description of buildings on Property: Single family home with attached garage Seller represents to Buyer that: (i) Seller owns the Property and has the power and authority to sell it, (ii) Seller is not in bankruptcy, and (iii) Seller has sufficient funds (including the proceeds from this sale) to close this transaction and pay Seller's closing expenses. (B) Other Items Included in Purchase. Any of the following items and all related equipment and accessories for such items now in or on the Property are included in this purchase and sale, which Seller represents are owned by Seller: All awnings, carbon monoxide detectors, central vacuum system, curtain and traverse rods, electric garage door opener and remote control devices, exhaust fans, fences, fireplace screens and enclosures, flowers, garbage disposal, heating systems (except as provided in Paragraph 5(G)), hoods, intercom equipment, lighting fixtures, ceiling fans, mail box, plumbing systems, septic and private water systems, satellite dishes, screens, security systems and security codes, sheds, shrubs, smoke detectors, storm doors, storm windows, sump pumps, swimming pool, trees, underground pet containment fencing with transmitter and collar receiver(s), wall- to-wall carpeting and runners, water softeners, window boxes, window blinds and shades, and the following, if bui in; air conditioning (except window units), humidifier, TV antennae, TV wall mount, basketball apparatus, cabinets, dishwashers, microwave ovens, mirrors, outdoor playsets, ovens, shelving, stoves, and trash compactors. Buyer agrees to accept these items in their present condition. Other items to be included in the purchase and sale are: - aw Items excluded are: No exclusions Seller represents that Seller has good title to all of the above items to be transferred to Buyer and will deliver a Bill of Sale for the above items at Closing (as hereinafter defined below in Paragraph 2(A)). i Seller shall cause any heating, plumbing, air conditioning, electrical systems and included appliances to be in working order at the time of Closing, except for No exceptions The prior sentence shall not be construed as a warranty or guarantee after Closing. Copytight ©2020 by Greater Rochester Association of REALTORS®, Inc. and the Monroe County Bar Association. All Rights Reserved. Page 1 of 7 J Purchase and Sale Contract for Residential Property (All Prior Versions are Obsolete) Seller's Initials ” Buyers Initials TRANSACTIONS Tomaciantnkesition FLEE MONROE COUNTY CLERK 0271472024 07:55 AM INDIEXNG E 2820102008. 906 NYS CEE DQG techremssceumne Orta st RECEIVED NYSCEF: 02/14/2024 2. PURCHASE PRICE, ADJUSTMENTS, CREDITS AND TAXES. (A) Price & Payment. The purchase price (the "Purchase Price"), payable in U.S. Dollars as foll is..... (1) Deposit. The following deposit in the form of Oi cash ll personal check1 offi jal . mn bank $. 220,000.00 check or O wire transfer (the “Deposit") ..... 2,500.00 (2) Seller Concession. At Closing, Seller shall pay the sum of 0 _a % of the Purchase oO ("0" if left blank) toward lender approved costs and prepaid items (the "Seller Concession”). Adjusted Balance Due. Upon delivery of the deed ("Closing"), the Purchase Price less (1) the Deposit and (2) Seller Concession, subject to any closing adjustments and credits as provided in this Contract, shall be paid in cash, official bank draft or certified check at Closing (some or all of which may be paid with the proceeds of a new loan). (B) Deposit; Default. Buyer 0 has delivered & will deliver within two (2) calendar days of acceptance the Deposit set forth in Paragraph 2(A)(1) payable to and held in escrow by Keller Williams Realty Greater (the “Escrow Agent") which will be deposited at Lyons (the “Bank") and which Deposit is to become part of the Purchase Price or returned if not accepted orif this Contract thereafter fails to close for any reason not the fault of the Buyer. If Buyer fails to complete Buyer's part of this Contract, Seller is allowed to retain the Deposit to be applied to Seller's damages and may pursue other available rights and remedies Seller has against the Buyer, including but not limited to a lawsuit for any real estate brokerage commission paid by the Seller. If Seller fails to complete Seller’s part of this Contract, Buyer's Deposit will be returned to Buyer, and Buyer may pursue other available rights and remedies Buyer has against Seller. (c) Seller Concession. If the Seller Concession set forth in Paragraph 2(A)(2) exceeds the lender approved costs and prepaid items, the Seller Concession shall be reduced to an amount equal to the lender approved costs and prepaid items. (D) Transfer Tax, Recording Costs, Mortgage Tax and Closing Adjustments. Seller will pay the real property transfer tax and special additional mortgage recording tax, if applicable. Seller will also pay for the recording/filing of any documents necessary to convey record marketable title, including, but not limited to death certificates, bankruptcy court orders, and affidavits (ie. Alive and Well, Bankruptcy, Estate Tax, Heirship, Judgment, etc.). Buyer will pay for recording the deed and mortgage, mortgage tax and mortgage assumption charges, if any. Excluding delinquent items, interest and penalties, the following will be prorated and adjusted between Seller and Buyer as of the Closing Date (as hereinafter defined below in Paragraph 6(B)): taxes, other assessments and municipal charges computed on a fiscal year basis; rent; common charges or assessments; fuel oil; propane; water, pure water and sewer charges. If the Purchase Price is $1,000,000.00 or more, then the additional transfer tax identified in Section 1402-a of the Tax Law shall be paid by the O Seller O Buyer (check one). 3. CONTINGENCIES. This Contract is subject to the following contingencies. If any of these contingencies are not satisfied by written notice to the other Party by the dates specified (collectively, the “Contingency Deadline Dates’), then either Buyer or Seller may cancel this Contract by written notice to the other, provided that the applicable contingency has not otherwise been satisfied by a Party after the applicable Contingency Deadline Date by written notice to the other Party and prior to any date on which this Contract is cancelled. (Check and complete applicable provisions.) (A) Financing. @ (1) Mortgage Commitment. The Contract is subject to Buyer obtaining and accepting a written Conventional mortgage loan commitment in an amount not to exceed &I 85 % of the purchase price or O $. atan interest rate not to exceed %, fora term of. years (the “Commitment”). Buyer shall immediately apply for this loan and shall have until 0, to obtain and accept a Commitment. The conditions of any such Commitment shall not be deemed contingencies of this Contract but shall be the sole responsibility of Buyer; however, a commitment that is conditioned on an appraisal of the Property shall not be deemed a “Commitment” hereunder. If the Commitment requires repairs, replacements, or improvements, Seller shall furnish the requisite materials and have the work done before Closing, at Seller's expense. However, if the cost of doing so exceeds $. , Seller shall not be obligated to furnish such materials and have such work done, and Buyer will be allowed either to receive a credit at Closing for the above amount and incur any necessary expenses to comply with the Commitment requirements, or to cancel this Contract by written notice to Seller, and any Deposit shall be returned to Buyer. Acceptance of a Commitment by Buyer shall be deemed a waiver and satisfaction of this contingency. O (2) Cash Transaction. This Contract is subject to Buyer providing Seller with written proof that Bu yer has. a available U.S. funds in the amount of the Purchase Price by . O (3) Additional Financing Terms. O (B) Sale and Transfer of Title. This Contract is subject to the sale and transfer of title of Buyer's existing real property pursuant to the terms and conditions of the Sale and Transfer of Title Contingency Addendum. O (C) Inspection of Property. This Contract is subject to inspection(s) of the Property pursuant to the terms and conditions of the Property Inspection Addendum (the “Property Inspection”). eanant ©2020 by Greater Rochester Associatio1 n of REALTORSS®, inc, and the Monroe County Bar Association. All Rights Reserved, Page 2 of 7 Purchase and Sale Contract for Residential Property | G (All Prior Versions are Obsolete) JN, elier's Initials Buyer's Initials Pp tansacrions INDIEXNG E 2820102008. 906 FLEE MONROE COUNTY CLERK 0271472024 07:55 AM NYSC Eh POG rach Oe rabies teecesmmests: RECEIVED NYSCEF: 02/14/2024 O (D) Building Code Compliance. This Contract is subject to Seller delivering to Buyer, at Seller's expense, all permits, certificates of compliance and/or other comparable proof of compliance with building codes and ordinances (the “Certificates") on file with the applicable municipality within ten (10) calendar days of acceptance. The Buyer shall have five (5) calendar days from Buyer's receipt of the Certificates or receipt of written notice that no Certificates exist to deliver to Seller a written demand that Seller obtain specific/certain Certificates (the “Demand’). If the Demand is not timely delivered by Buyer, this Building Code Compliance Contingency is deemed waived by Buyer. Upon Seller's receipt of Buyer's Demand, Seller shall have five (5) calendar days to (i) provide the Certificates specifically demanded by Buyer, or (ii) enter into a written agreement with the Buyer addressing the Certificates to be provided to Buyer. O (E) Other Contingency(s). 4. APPROVAL OF ATTORNEY(S). This Contract is subject to the written approval of attorneys for Buyer and Seller within 3__ days (no less than three (3) days, excluding Saturdays, Sundays and public holidays and “3” if left blank), from date of acceptance (the “Approval Period’). If either attorney (i) does not provide written approval within the Approval Period or (ii) makes written objection to or conditionally approves (collectively, the "Objections”) the Contract within the Approval Period and the Objections are not cured by written approval by both attorneys and all of the Parties within the Approval Period, then (A) either Buyer or Seller may cancel this Contract by written notice to the other and any Deposit shall be returned to the Buyer or (B) the approving attorney may notify the other Party and any attorney listed below in writing that no approval has been received and that the noticed Party has two (2) days, excluding Saturdays, Sundays and public holidays, from receipt of the notice (the “Grace Period’) to provide written attorney approval or disapproval of the Contract. The approving attorney shall provide to the noticed Party and to any attorney listed below a copy of the approving attorney's approval letter, whether conditional or not, along with the written notice of the Grace Period. If written attorney approval or disapproval is not provided to the approving attorney within the Grace Period, then this Approval of Attorney(s) contingency shall be deemed waived by the noticed Party and any conditions in the approving attorney's approval letter shall be deemed accepted by the noticed Party. CONDITION OF PROPERTY. (A) Seller's Property Condition Disclosure Statement. (check one box only) @ (1) Seller has provided Buyer with the attached Seller's Property Condition Disclosure Statement. (2) Seller has not provided Buyer with Seller's Property Condition Disclosure Statement, and Seller shall credit Buyer $500.00 at Closing in lieu of such Statement. O (3) Is not applicable. (B) Representations Pertaining to the Home Equity Theft Prevention Act (“HETPA”), (check applicable box(es)) ® (1) Buyer. Buyer represents to Seller as of the date of acceptance that Buyer is acquiring the Property to use the Property as Buyer's primary residence and that Buyer will occupy the Property as Buyer's primary residence. C (2) Seller. To Seller's actual knowledge, Seller represents to Buyer as of the date of acceptance that there is no active Lis Pendens filed against the Property to foreclose a mortgage pursuant to Article 13 of the New York Real Property Actions and Proceedings Law, the Property is not on an active property tax lien sale list, and Seller is not two (2) months or more behind in Seller's mortgage payments with respect to the Property. (C) Certificate of Occupancy. If applicable laws require, Seller shall apply for a Certificate of Occupancy for the Property no less than ten (10) calendar days after acceptance and furnish it before Closing. However, if the cost of obtaining the Certificate of Occupancy exceeds $. , Seller shall not be obligated to provide the Certificate of Occupancy, and Buyer will be allowed either to receive a credit at Closing for the above amount, or to cancel this Contract by written notice to Seller, and any Deposit shall be returned to Buyer. (D) Zoning Code Compliance. Seller represents to Buyer that the Property is zoned for use as a and the Property is in compliance with applicable zoning codes and ordinances. (E) Condition of Property. Buyer agrees to purchase the Property and any items included in the purchase AS IS except as provided in Paragraph 1(B), subject to reasonable use, wear, tear, and natural deterioration between now and Closing. However, this Paragraph shall not relieve Seller from furnishing a Certificate of Occupancy as called for in Paragraph 5(C) and/or certificate(s) of compliance as called for in Paragraph 3(D), if applicable. (F) Gas, Mineral, Oil and Timber Rights. Seller represents that all gas, mineral, oil and timber tights will transfer with the Property except: (G) Services. Seller represents the Property is serviced by: i Electric, O Fuel Oil, 1 Gas (Natural), O Propane, i} Public Sewers, @ Public Water, O Septic System, O Well, O Other: If Propane is checked, Seller represents that the propane tank (check one box only) Cis not L7is owned by Seller and that there (check one box only) Dis not His an existing written contract to provide propane between the propane company and Seller. 6. CLOSING AND POSSESSION. (A) Pre-Closing Walkthrough. Buyer shall have the right to walk through the Property within forty-eight (48) hours before the time of Closing to ensure that the Property is in the condition existing at the time of acceptance subject to reasonable use, wear, tear and natural deterioration between the date hereof and the Closing. Seller agrees that all utilities shall be on at that time. Seller shall continue to maintain the Property in the condition existing as of acceptance, through Closing, including, but not limited to, utility service continuation, lawn and landscaping care, and snow plowing. Copyright ©2020 by Greater Rochester Association of REALTORS®, Inc. and the Monroe County Bar Association. All Rights Reserved. Page 3 of7 (SF Purchase and Sale Contract for Residential Property (All Prior Versions are Obsolete) WW Buyer's Initials ‘Seller's Initials TRANSACTIONS TWamacion Dene Eston INDIEXNG E 2820102008. 906 NYSCE wenlisi FD 2 cea Ds races emseneest81 RECEIVED NYSCEF: 02/14/2024 (8) Closing Date and Place. Closing shall take place at the Monroe County Clerk's Office or the offices of Buyer's lender on or before December 29th , 20 23 (the "Closing Date"). At any time after such specified date, any Party who has completed its obligations under this Contract which are to be completed prior to Closing may notify the other Party that time is of the essence to close (the “Time of Essence Notice”) which Time of Essence Notice shall set forth a specific time for Closing on a day that is at least seven (7) calendar days after delivery of the Time of Essence Notice to such other Party pursuant to Paragraph 8(D) below. (Cc) Possession of Property. KI (1) Buyer shall have possession of the Property upon Closing, in broom-clean condition, with all keys to the Property delivered to Buyer at Closing. O (2) Seller shall have the right to retain possession for calendar days after Closing at the cost of $ per day inclusive of real property taxes, plus utilities, continuation of lawn, landscaping, pool, and snow maintenance, and refuse collection, and an escrow deposit by Seller of $. At Closing, a key to the Property shall be delivered to Buyer. At delivery of possession to Buyer, the Property shall be in broom-clean condition and the remaining keys to the Property shall be delivered to Buyer. O (3) Buyer shall have right of early possessi for calendar days prior to Closing at the cost of $. per day inclusive of real property taxes, plus utilities, continuation of lawn, landscaping, pool, and snow maintenance, an id refuse collection, and an escrow deposit by Buyer of $ At possession, the Property shall be in broom-clean condition and a key to the Property shall be delivered to Buyer, the remaining keys shall be delivered to Buyer at Closing. In the event of retained possession or early possession, the Parties shall enter into a written Pre-Closing Occupancy Agreement or Post-Closing Occupancy Agreement, the form of which shall be the Monroe County Bar Association’s recommended form (D) Risk of Loss. Risk of loss or damage to the Property by fire or other casualty until transfer of title shall be assumed by the Seller. \f damage to the Property by fire or such other casualty occurs prior to transfer, Buyer may cancel this Contract without any further liability to Seller and Buyer's Deposit is to be returned. If Buyer does not cancel but elects to close, then Seller shall transfer to Buyer any insurance proceeds, or Seller's claim to insurance proceeds payable for such damage. 7. TITLE MATTERS. (A) Title and Related Documents. Seller shall deliver at Seller's expense: (1) Not later than five (5) calendar days after acceptance of this Contract by Buyer and Seller, Seller shall order (i) an abstract of title, fully guaranteed tax and U.S. Court searches, with a local tax certificate for Village or City taxes, if any (collectively the “Abstract’) and (ii) an instrument survey map, certified and prepared to meet the Standards of the Monroe County Bar Association and Buyer's mortgage lender, if any (the "Survey"). Both the Abstract and Survey shall be dated or re-dated after the date of acceptance, and Seller shall endeavor to deliver the Abstract and Survey along with the draft of the proposed deed to Buyer or Buyer's attorney within thirty (30) calendar days thereafter, but in any event, not later than fifteen (15) calendar days prior to the Closing Date in Paragraph 6. Seller will pay for such searches to and including the day of Closing; and (2) At the Closing, to Buyer, a properly signed and notarized, (i) Warranty Deed with lien covenant (or Executor's, Administrator's or Trustee's Deed, if Seller holds title as such), (ii) carbon monoxide detector and smoke alarm affidavits, (iii) documents required by law, (iv) documents required by Buyer's lender, provided there is no cost or liability to Seller, and (v) assignment of leases and transfer of security deposits, if any. (B) Marketability of Title. Seller shall convey good and marketable title to the Property in fee simple, free and clear of all liens and encumbrances. The Parties acknowledge and agree that good and marketable title to the Property, free and clear of all liens and encumbrances, means, without limit, that all gas, mineral, oil and timber rights will transfer with the Property to Buyer except as otherwise provided in Paragraph 5(F) above. However, Buyer agrees to accept title to the Property subject to: (a) restrictive covenants of record common to the tract or subdivision of which the Property is a part, provided these covenants have not been violated or the time for objection to any violation has expired, (b) public utility easements within fifteen (15) feet of lot lines which do not interfere with any existing improvements on the Property or with any improvements that Buyer may construct in compliance with all present restrictive covenants or record and zoning and building codes, and (c) fences deviating from the actual Property line one foot or less, provided the fence placement does not impair access to the Property from a right of way or cause the Property to be in violation of any restrictive covenant, easement or agreement of record or of any building, zoning or subdivision code. Seller and Buyer agree that potential objections revealed by the Survey furnished pursuant to Paragraph 7(A)(1) above shall be resolved pursuant to the “Suggested Title Standards for Treating Discrepancies Revealed by Surveys” of the Monroe County Bar Association. (c) Objections to Title. If Buyer raises a valid written objection to Seller's title which indicates that title to the Property is unmarketable, then Seller may cancel this Contract upon written notice to Buyer, and the Deposit shall be returned to Buyer. However, if Seller: (a) is able to cure the objection on or before the Closing or (b) is able to insure the title objection and Buyer is willing to accept insurable title, then this Contract shall continue, subject to the Seller curing the title objection and/or providing insurable title at Seller's expense. If Seller fails to cure the title objection on or before the Closing Date, or if Buyer is unwilling to accept insurable title, Buyer may cancel this Contract upon written notice to Seller and the Deposit shall be returned to Buyer. 8. BROKERS & MISCELLANEOUS. (A) Real Estate Broker. @ (1) The Parties agree that Jason Nettnin of RE/MAX Plus brought about this purchase and sale. O (2) It is understood and agreed by Buyer and Seller that no broker brought about this purchase and sale. (B) Attorney Disclaimer: In participating in the transaction, an attorney renders no opinion whatsoever as to the value of the Property. Unless an attorney has actual knowledge to the contrary, it should not be inferred from an attorney's participation in the transaction that the attorney knows, or is aware of, the facts behind the history of the price negotiations between the Parties. Copyright ©2020 by Greater Rochester Association of REALTORS®, Inc. and the Monroe County Bar Association. All Rights Reserved. Page 4 of 7 Purchase and Sale Contract for Residential Property (All Prior Versions are Obsolete) ‘Seller's Initials TRANSACTIONS TeonsacionbevkEaion INDIEXNG E 2820102008. 906 NYS CEE ROG neal Darren remo RECEIVED NYSCEF: 02/14/2024 ({C) Responsibility of Persons Under This Contract; Non-Assignability. If more than one person signs this Contract as Buyer, each person and any party who takes over that person's legal position will be responsible for keeping the promises made by Buyer in this Contract. If more than one person signs this Contract as Seller, each person or any party who takes over that person's legal Position, will be fully responsible for keeping the promises made by Seller. However, this Contract is personal to the Parties and may not be assigned by either without the other's consent. (D) Notices. (1) In General. @ Notices under this Contract shall be in writing and deemed delivered upon receipt. Except as otherwise provided in Paragraph 8(D)(2) below, notices under this Contract may be made by a Party or by the attorney or the listing/selling agent for such Party and may be received by the other Party or by the attorney or the listing/selling agent for such other Party. Seller and Buyer agree that notices under this Contract may be delivered to any address, fax number, and/or e- mail set forth on the Administrative Information page of this Contract for a Party, the attorney for a Party, or the listing/selling agent for a Party, as applicable. (ii) Delivery of notices under this Contract shall be made by personal delivery, overnight courier, first class mail, fax, or e- mail, except as otherwise provided in Paragraph 8(D)(2) below. (iii) If delivery is made by personal delivery, the notice(s) delivered shall be deemed received on the date delivered. Ifdelivery is made by overnight courier or first-class mail, the notice(s) delivered shall be deemed received one calendar day, excluding Saturdays, Sundays and public holidays, following the date upon which the notice(s) are deposited with the overnight courier service with delivery charges prepaid or charged to sender's account or with the postal service with required postage affixed. If delivery is made by fax, the notice(s) transmitted shall be deemed received on the date the sender receives confirmation from the recipient's equipment that the entire transmission has been received. If delivery is made by e-mail, the notice(s) transmitted shall be deemed received on the date the sender's e-mail is located in the sent e-mail folder of the sender, except as otherwise provided in Paragraph 8(D)(2) below. (2) Special Notices. Any (i) Time of the Essence Notice, (ii) notice of cancellation or termination of the Contract, (iii) bump notice of Seller, (iv) Buyer's notice of removal of sale and transfer of title contingency, or (v) Buyer's notice of preservation of Buyer's transfer of title contingency made under this Contract (each, a “Special Notice") may only be made by a Party or the attorney for such Party and may only be received by the other Party with a copy to such other Party's attorney and to the listing/selling agent of such other Party, if designated on this Contract. Further, if any Special Notice is delivered by e-mail, then a true and complete copy of the e-mailed Special Notice shall also be mailed by first class prepaid mail within one calendar day, excluding Saturdays, Sundays and public holidays, following the date of the e-mail, and the e-mailed Special Notice shall be deemed received on the date the sender's e-mail is located in the sent e-mail folder of the sender, provided the required mailing by first class prepaid mail is completed. (E) Entire Contract; Miscellaneous. This Contract when signed by both Buyer and Seller will be the record of the complete agreement between the Buyer and Seller concerning the purchase and sale of the Property. This Contract may be signed in counterparts. No oral agreements or promises will be binding. Seller's representations in this Contract shall not survive after Closing. If any provision of this Contract is rendered invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions. This Contract shall be construed, enforced and interpreted under the laws of the State of New York, without regard to principles of conflicts of laws. (F) Electronic Signatures. The Parties agree and consent that this Contract, and every demand, notice and objection given under this Contract, may be signed and initialed in any manner permitted by New York State law, including the Electronic Signatures and Records Act and applicable regulations. (G) Addenda. The following Addenda are incorporated into and attached to and made a part of this Contract: Q Agricultural Districts/Farming Activity Disclosure Uncapped Natural Gas Well All Parties Agreement (FHA/VA) O Personal Property Agreement Disclosure Contingency Addendum Q Property Inspection O Utility Surcharges Electric Availability O Rented Property O Wayne County Disclosure Home Warranty O Sale & Transfer of Title Notice for all Residential Property Lead Compliance Short Sale Approval OC Well and Septic System Other: OTHER TERMS. (If blank, this paragraph is not applicable) In the event of a conflict between the provisions of this paragraph and the provisions of any other paragraph of this Contract, the provisions of this paragraph will control. Buyer is a licensed real estate agent representing himself 10. LIFE OF OFFER. This offer shall expire on November 17th , 2023 at 12 00 Pm, Gopyright ©2020 by Greater Rochester Association of REALTORS®, Inc. and the Monroe County Bar Association. Alll Ri ights Reserved. Page 5 of 7 GP Purchase and Sale Contract for Residential Property (All Prior Versions are Obsolete) IN. Seller's Initials Buyer's Initials TRANSACTIONS Transactionteskesiion INDIEXNG E 2820102008. 906 FLEE MONROE COUNTY CLERK 0271472024 07:55 AM NYS. hefis OC reall Desde remssmesonmst RECEIVED NYSCEF: 02/14/2024 Bl PROPERTY INSPECTION DECLINED. Buyer has reviewed the terms and conditions of the Property Inspection Addendum and Buyer elects not to conduct a Property Inspection. (Je son Nettnin 11/16/2023 Buyer Jason Nettnin Date Buyer Date C] ACCEPTANCE OF OFFER BY SELLER. Seller accepts the offer of Buyer and agrees to sell on the terms and conditions set forth in the Contract. Pc ci COUNTEROFFER BY SELLER. Seller agrees to sell the Property in accordance with the terms and conditions of the Contract, xcept as amended and modified as follows: (attach additional sheets if necessary) Seller accepts offer provided purchase offer to be $240,000 Seller will allow buyer garage access only after mortgage commitment has been issued. Seller will also allow buyer to fence in yard after mortgage commitment and prior to closing. All other terms and condtiions to remain the same In any conflict of terms and conditions between this counteroffer and the Contract, the terms and conditions of this counteroffer shall prevail. This counteroffer shall expire on 20, at Authentisics (AYE 11/17/23 Seller Date Seller Date [X]accePTance OF COUNTEROFFER BY BUYER. Buyer accepts the offe