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Seller: Buyer:

Marlan E. Miller Trust dated the 13th day of April, 2000 JIMMY HUBER
_________________________
_________________________
Seller’s Attorney: _________________________
George C. Wood _________________________
Wood, DeVary & Armstrong, P.C.
207 W. Jefferson, Suite 400
Bloomington, IL 61701 Buyer’s Attorney:
Phone 309-827-0044 /FAX 309-829-0328 Alvin Welsh
__________________________
Email: gwood@wdalawyers.com Alvin welsh legal consultant
__________________________
Po Box 301613
__________________________
Escondido, California(CA), 92030
__________________________

Email:
Contact@alvinwelshlegal.com
__________________________

CONTRACT FOR SALE OF REAL ESTATE - VACANT LAND

THIS IS INTENDED TO BE A LEGAL DOCUMENT. AN ATTORNEY AT LAW SHOULD BE CONSULTED


PRIOR TO THE EXECUTION OF THIS DOCUMENT.

THIS CONTRACT is entered into between the Marlan E. Miller Trust dated the 13th day of
JIMMY HUBER
April, 2000 hereinafter referred to as Seller, and ________________________________________,
or its assigns, hereinafter referred to as Buyer, who agree as follows:

1. DESCRIPTION, PRICE and PAYMENT: Seller sells the following described real
estate, to-wit:
PREMISES “A”
THE NORTHWEST QUARTER (NW/4) OF SECTION TWELVE (12), TOWNSHIP TWENTY-FOUR (24) NORTH, RANGE ONE (1) EAST
OF THE THIRD PRINCIPAL MERIDIAN, MCLEAN COUNTY, ILLINOIS, EXCEPT THEREFROM THE FOLLOWING: A PART OF
THE NORTH HALF (N/2) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 12, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION
12; THENCE SOUTH EASTERLY 482.38 FEET ALONG THE WEST LINE OF SAID SECTION 12, TO THE PLACE OF BEGINNING;
THENCE SOUTH 267 FEET; THENCE SOUTH EASTERLY 200 FEET; THENCE NORTH WESTERLY 267 FEET TO THE WEST LINE
OF SAID SECTION; THENCE NORTH EASTLY 200 FEET ALONG THE WEST LINE TO THE PLACE OF BEGINNING, IN MCLEAN
COUNTY, ILLINOIS.

PIN: 13-12-100-004

PREMISES “B”
THE NORTH HALF (N/2) OF THE SOUTH HALF (S/2) OF THE NORTHWEST QUARTER (NW/4) OF SECTION TWELVE (12),
TOWNSHIP TWENTY-FOUR (24) NORTH, RANGE ONE (1) EAST OF THE THIRD PRINCIPAL MERIDIAN, MCLEAN COUNTY,
ILLINOIS.

PIN: 13-12-100-005 (FORMERLY PART OF PIN: 13-12-100-002)

SAVE AND EXCEPT THE FOLLOWING:


THE SOUTH 40 ACRES OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP TWENTY-FOUR, RANGE 1 EAST OF THE
THIRD PRINICPAL MERIDIAN, MCLEAN COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING
AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE N.01°-45’-00”W. 666.76 FEET ON THE
WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 12; THENCE N.89°-41’-16”E. 2616.26 FEET PARALLEL TO THE SOUTH
LINE OF SAID NORTHWEST QUARTER OF SECTION 12 TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 12;
THENCE S.01°-43’-06”E. 666.75 FEET TO THE SOUTHEAST CORNER OF SAID NORHTHWEST QUARTER OF SECTION 12; THENCE
S.89°-41’-16”W. 2613.89 FEET TO THE POINT OF BEGINNING CONTAINING 40.00 ACRES, MORE OR LESS, WITH ASSUMED
BEARINGS GIVEN FOR DESCRIPTION PURPOSES ONLY.

BEING THE SAME PARCEL CONVEYED TO DR. GORDON J. KRUGER BY TRUSTEE’S DEED DATED MARCH 15, 2004, RECORDED
MARCH 15, 2004, AS FILE NO. 2004-7989 OF THE OFFICIAL PUBLIC RECORDS IN MCLEAN COUNTY, ILLINOIS.

ALSO SAVE AND EXCEPT THE FOLLOWING:


A PARCEL OF LAND CONVEYED TO THE STATE OF ILLINOIS IN A DEDICATION OF RIGHT OF WAY FOR HIGHWAY
PURPOSES, RECORDED AS DOCUMENT NO. 74-10846, OFFICIAL PUBLIC RECORDS, MCLEAN COUNTY, ILLINOIS.

All land conveyed will include all structures thereon, including a building with three (3)
grain bins and commonly known as McLean County Land, to Buyer, who agrees to pay
3,000,000.00
$________________________ 200,000.00
therefor in the manner following: $_________________________
(the "down payment," inclusive of earnest money) upon the execution of this Contract, to be held
in escrow until closing; and the remainder by cashier's check, certified funds or the equivalent on or
before the June 14, 2022, and on receipt of deed.

2. EVIDENCE OF TITLE: Not less than fourteen (14) days prior to closing, Seller will
furnish Buyer with written commitment from a title insurance company duly authorized to do
business in Illinois, showing title to said premises subject only to matters to which this sale is
subject by the terms hereof and to the customary exceptions contained in owners policies issued by
such company. If written commitment discloses defects in title other than matters to which this sale
is subject by the terms hereof and the customary exceptions in such policies, then Seller shall have
until date for delivery of deed to correct such defects. Owners title policy, in amount of the
purchase price for said premises, will be paid for by Seller and issued to Buyer after delivery of
deed.

3. DEED AND POSSESSION: Seller will cause fee simple title to said real estate to be
conveyed to Buyer, or to such party as Buyer may direct, by Warranty Deed (or Trustee's Deed or
Executor's Deed, where applicable), and shall deliver possession to Buyer upon payment being
june 14
made as herein provided, on or before the ____________________, 2022. Seller shall pay all
owners' association(s) dues and/or assessments, and water, sewer and public utility service charges
incurred for improvements on said real estate up to the time when possession passes to Buyer.

4. RISK OF LOSS: This Contract is subject to the State of Illinois Uniform Vendor and
Purchaser Risk Act (765 ILCS 65/1), which provides, in general, that Seller shall bear the risk of
loss until transfer of possession or receipt of deed, whichever occurs first. The Seller agrees to carry
property casualty insurance through the date of closing, at which time the Seller’s responsibility to
insure the property in any manner shall cease.

5. TAXES: Seller shall pay the 2021 real estate taxes due in 2022 prior to closing. One-
half (1/2) of the 2022 real estate taxes payable in 2023 will be paid by the Seller by giving a credit
to the Buyer at closing based upon the most recent assessment information available. All future real
estate taxes thereafter shall be the responsibility of the Buyer pursuant to the terms of the deed and
transfer.

6. ENCUMBRANCES:

A. Mortgage, if any, shall be satisfied out of the purchase price and released
when deed is delivered. Seller's obligation to obtain the mortgage release
shall continue until the release is obtained and recorded.

B. Easements and building or use restrictions of record, and zoning and


building ordinances, if any, shall not be considered as rendering title
unmerchantable or unacceptable.

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C. A certain farm lease in effect on the property for the present crop year
(2022).

D. A certain wind turbine lease agreement that is in effect concerning the real
property.

7. FINANCING: This Contract is not subject to any contingency concerning Buyer’s


ability to obtain financing to purchase the property. The Buyer hereby acknowledges that they have
sufficient assets or financing in place to purchase the real estate pursuant to the terms of this
Contract.

8. TOXIC OR HAZARDOUS WASTE: Seller is unaware of any toxic or hazardous


waste materials being stored or having been stored on the premises or the existence of any
underground fuel storage tanks on the property, and further represents that no notices have been
received from the Illinois Environmental Protection Agency or the Illinois Environmental Pollution
Control Board or any other governmental entity with regard to a toxic or hazardous waste problem
with the property.

9. SELLER'S WARRANTIES: Seller hereby provides the following warranties:

A. No work has been done upon, or materials furnished to, the premises which
could give rise to a lien under the Illinois Mechanics' Lien Act;

B. Additional Warranties: None.

10. ADDITIONAL PROVISIONS:

A. Buyer shall assume any assumption or transfer fees incurred as a result of


Buyer assuming, or taking subject to, Seller's existing mortgage, and both
Seller and Buyer agree to comply with the requirements of the Real Estate
Settlement Procedures Act;

B. Words importing the masculine gender include the feminine, words


importing the singular number include the plural, and words importing the
plural number include the singular;

C. The covenants and agreements herein contained shall extend to and be


obligatory upon the heirs, executors, administrators, and assigns of the
respective parties;

D. Time is of the essence of this Contract;

E. Other Provisions:

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i. This farm is being sold while there is a certain lease for the farming of the
land still in effect. The Buyer shall take the land pursuant to said lease for the
present crop year.

ii. The Buyer shall receive the second half (1/2) of the 2022 cash rent, and
the fall 2022 and future wind lease payments. All prior payments for those
items shall go to the Seller. The farm tenancy has been terminated for 2023
crop year and Seller agrees to provide proof thereof. Otherwise, all property,
including all structures thereon are being sold “as-is”, with the Buyer
accepting any and all faults therewith.

iii. Buyer and Seller agree that, in the event that either party elects to effect
an IRC Section 1031 tax deferred exchange, said election will not delay
the closing or cause additional expense to the non-exercising party. Either
party’s rights under this Agreement may be assigned to a qualified
intermediary, for the purpose of completing such an exchange. Both
parties agree to cooperate with the other and a qualified intermediary in
the manner necessary to complete this exchange.

11. ESCROWEE: The parties agree that First Mid Ag Services is hereby designated as
Escrowee for the purposes of any escrow created or hereafter required in connection with this
Contract. The Escrow conditions are as follows:

A. Escrowee shall hold in escrow the down payment pursuant to the terms of
this Contract until closing and not release said funds except with the
agreement of all parties, or an order entered by a court of competent
jurisdiction;

B. Additional conditions: None.

12. NOTICES, ETC.: Title commitments, communications or notices with reference to


this Contract may be delivered by or to the parties or their respective attorneys as shown on the first
page hereof.

13. PREPARATION AND APPROVAL: This Contract was prepared by Attorney


George C. Wood, Seller’s attorney, and approved by Buyer and/or Buyer’s Attorney.

14. SETTLEMENT: Closing shall be held at the office of Buyer's lending institution, or
such place as the parties may agree.

15. ATTORNEY'S FEES AND EXPENSES: Should either Seller or Buyer be required
to incur attorney's fees, costs, and/or other expenses (including expenses of litigation) as a result of
the other party's failure to perform any obligation pursuant to the terms of this Contract, then the
party so failing to perform shall be liable to the other party for any reasonable attorney's fees, costs,
and expenses (including expenses of litigation) incurred by such other party. This provision shall
survive closing and delivery of deeds.

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16. LIQUIDATED DAMAGES: If Buyer defaults, Seller may elect to:
(A) Retain the down payment (including earnest money) as full compensation for all loss
(in which event the earnest money will be treated as liquidated damages), or
(B) Pursue any available remedy.

17. ENTIRE AGREEMENT: This Contract represents the entire agreement of the
parties. Any prior written or oral agreements of the parties regarding the transaction which is the
subject of this Contract merge with and are superseded by this Contract.

18. FORM OF AGREEMENT: This Contract conforms in all respects with the form
Contract for Sale of Real Estate - Vacant Land suggested by the McLean County Bar Association
Real Estate Committee.

THIS IS INTENDED TO BE A LEGAL DOCUMENT. AN ATTORNEY AT LAW


SHOULD BE CONSULTED PRIOR TO THE EXECUTION OF THIS DOCUMENT

IN WITNESS WHEREOF, the parties to these presents have hereunto set this hands and
seals to several counterparts of this Contract, of equal effect. This contract will be deemed effective
as of the last date signed.

SELLER BUYER

_____________________________ ________________________________
Douglas Miller, Successor Trustee of the JIMMY HUBER
Marlan E. Miller Trust dated the 13th day
of April, 2000

______________________________
Curtis Miller, Successor Trustee of the
Marlan E. Miller Trust dated the 13th day
of April, 2000

______________________________
Kristine Fulton, Successor Trustee of the
Marlan E. Miller Trust dated the 13th day
of April, 2000

______________________________
Janine Coates, Successor Trustee of the
Marlan E. Miller Trust dated the 13th day
of April, 2000

The above-named designated Escrowee hereby accepts the escrow on the terms and conditions heretofore set forth.
First Mid Ag Services

By:__________________________________
ESCROWEE

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