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Contract for Sale of Real Estate - 234 S. PhillipsCONTRACT FOR SALE OF REAL ESTATE This Contract is made as of this 21s` day of March, 2016, between the City of Salina, Kansas ("Seller"), and William R. Whitaker and Julienne M. Whitaker, husband and wife, whose address is 236 S. Phillips, Salina, Kansas 67401 (collectively, "Buyer'). Section 1 - Pro e . Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller the following -described real estate in Saline County, Kansas (the "Property"): The North Forty-seven and Five Tenths feet (N475') of Lots Thirteen (13) and Fifteen (15), on Spruce Street in Phillips Third (3`d) Addition to the City of Salina, Saline County, Kansas (commonly known as 234 S. Phillips, Salina, Kansas). Section 2 - Purchase Price. The Purchase Price for the Property shall be $2,610.00, payment of which, together with any applicable Buyer's expenses under Section 3, shall be paid to the Escrow Agent in cash on the Closing Date, subject to adjustment and proration, as may be required, to the Closing Date. Section 3 - Payment of Expenses. Expenses of the sale of the Property shall be paid as follows: 3.1 Seller's Expenses. Seller shall pay the following items: (a) All legal fees incurred by it with its attorneys involving this Contract, deed preparation, and real estate sales validation questionnaires; (b) One-half of title insurance premium; and (c) One-half of escrow fee, if any. 3.2 Buyer's Expenses. Buyer shall pay the following items: (a) All legal fees incurred by it with its Contract, deed preparation, and real questionnaires; (b) One-half of title insurance premium; and (c) One-half of escrow fee, if any; and (d) Cost of recording deed. attorneys involving this estate sales validation Section 4 - Escrow Agent. Mid -Kansas Title Co., Inc., Salina, Kansas, shall be the Escrow Agent of the parties. Escrow Agent shall hold all payments in an escrow or trust account pursuant to Kansas statutes to disburse at Closing as provided in this Contract. If doubt or a question arises as to liabilities, Escrow Agent may (a) continue to hold all funds until the parties mutually agree in writing or until a court of competent jurisdiction determines the rights of the parties, or (b) deposit all funds so held with the Clerk of the District Court of Saline County, Kansas, and, after notifying all parties in writing, Escrow Agent's liability shall cease, except to account for any sums previously delivered. Section 5 - Evidence of Title. Seller shall furnish Buyer before Closing a commitment for an owner's title insurance policy in the amount of the Purchase Price, insuring Buyer's title subject only to liens, encumbrances, exceptions, or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before Closing. If Seller cannot furnish marketable title to the Property, then this Contract shall be null and void. If a dispute arises between the parties about marketability of the title, the Title Standards adopted from time to time by the Bar Association of the State of Kansas, and the Kansas Marketable Title Act, as amended, shall control. Section 6 - Closing Date and Possession. The Closing Date shall be on or before April 8, 2016, unless both parties agree in writing to delay the Closing. "Closing" means the settlement of the obligations of Seller and Buyer to each other under this Contract, including the payment of the Purchase Price to Seller, and the delivery to Buyer of a deed, in proper form for recording, to transfer to Buyer fee simple title to the Property free of all encumbrances except as herein stated. Section 7 - Restrictions, Easements, Limitations, Taxes. Buyer shall take title subject to the following: zoning, restrictions, prohibitions, or other requirements imposed by governmental authority; restrictions, covenants, and matters appearing on the plat or of record; and public utility easements of record, if they are located contiguous to the property lines. Seller shall pay all real property taxes, special assessments, and other like charges (collectively `'Taxes") that are due for 2015 and prior years. All Taxes for 2016 shall be prorated to the Closing Date, if available, and, if not, based upon taxes for the prior calendar year. After the Closing Date, Buyer shall pay all real property taxes on the Property. Section 8 - Liens. Seller certifies that at Closing there will be no lien claimants, potential lien claimants, nor improvements made to the Property within 120 days before the Closing Date. If there have been improvements on or to the Property within 120 days before the Closing Date, Seller shall deliver releases or waivers from the general contractors, subcontractors, suppliers and materialmen furnishing the labor or materials for such improvements, with such affidavits as Buyer may reasonably require naming such persons and reciting that all bills that might serve for a basis for mechanics' liens have been or will be paid before or at Closing. Section 9 - Conveyances. Seller shall properly execute a joint tenancy warranty deed conveying the Property to Buyer and shall place the deed in escrow with the Escrow Agent as soon as reasonably possible. If Buyer fully complies with the provisions of this Contract, then the Escrow Agent shall deliver the deed and other documents related to the Property to Buyer. No title shall pass hereunder to Buyer but shall remain in Seller until the foregoing conditions have been fully complied with. Section 10 - No Warranties by Seller as to Condition of Property. Seller is making no warranties of Any kind regarding the condition of the Property, and Buyer is not asking for any such warranty from Seller. Buyer warrants, therefore, that it has inspected the Property and agrees to accept it "as is," and waives any and all claims against Seller, whether currently known or unknown, resulting from any condition related to the Property. Section 11 - Default by Seller. If Seller is unable or fails to furnish marketable title or possession as agreed in this Contract, Buyer may cancel this Contract. If Seller's failure to furnish marketable title or possession to Buyer is caused by Seller's willful act or omission, Buyer shall be entitled to pursue any remedies available at law or in equity. 2 Section 12 - Default by Buyer. If Buyer does not pay all sums and comply with all obligations hereunder within the time provided, Seller may (a) notify Escrow Agent and Buyer in which case the Deed shall be returned to Seller, and all parties shall be relieved of any obligation hereunder; or (b) pursue such other remedies as provided by law or in equity. Section 13 - Assignment. This Contract and any right or interest in the Property are assignable only with the written consent of Seller. Section 14 - Waiver. The waiving of any payment provided for herein or the acceptance of the same at any time other than the designated payment time, or the failure of Seller to insist upon prompt performance of any condition or provisions hereof, shall not constitute a waiver of the right of Seller to insist upon prompt and punctual performance at any other time hereunder. Section 15 - No Commission. The parties stipulate that they have not consulted with any real estate broker or salesperson with respect to this sale, and no commissions arising from this sale are due and owing. Section 16 - Real Estate Reporting Person. The parties agree that the Escrow Agent is the real estate reporting person as that term is defined under Internal Revenue Code Section 6045(e). Seller agrees to provide Escrow Agent with a written statement, certified under penalties of perjury, setting forth Seller's correct name, address, and taxpayer identification number. The parties further agree that Escrow Agent shall be required to file the informational return required by Internal Revenue Code Section 6045. Section 17 - Representation of Parties. The law firm of Clark, Mize & Linville, Chartered, Salina, Kansas, represents Seller. Buyer understands that it has the right to seek independent legal counsel of its choosing to represent it and to advise it with respect to this matter. By executing this Contract, Buyer represents that it has either sought the advice of separate counsel of its choosing or has elected to proceed without separate counsel herein, and that Seller's attorneys are not representing Buyer and have not advised Buyer with respect to this matter. Section 18 - Captions. The captions heading the various paragraphs of this Contract are for convenience and shall not be considered to limit, expand, or define the contents of the respective paragraphs. Section 19 - Feminine, Masculine, Singular, and Plural. Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders. Section 20 - Kansas Law Applies. This Contract and its validity, construction and performance shall be governed by the laws of Kansas. This Contract shall be interpreted according to its fair meaning, and not in favor of or against any party. Section 21 - Statutory Compliance. The following disclosures are made to comply with statutory mandates: 3 21.1 Sexual Predators. Kansas law requires persons who are convicted of certain crimes, including certain sexually violent crimes, to register with the sheriff of the county in which they reside. If you, as the buyer, desire information regarding those registrants, you may find information on the homepage of the Kansas Bureau of Investigation (KBI) at http://www.Kansas.gov/kbi or by contacting the local sheriffs office. 21.2 Radon Gas. Every buyer of residential real property is notified that the property may present exposure to dangerous concentrations of indoor radon gas that may place occupants at risk of developing radon induced lung cancer. Radon, a Class -A human carcinogen, is the leading cause of lung cancer in non-smokers and the second leading cause overall. Kansas law requires sellers to disclose any information known to the seller that shows elevated concentrations of radon gas in residential real property. The Kansas Department of Health and Environment recommends all home buyers have an indoor radon test performed prior to purchasing or taking occupancy of residential real property. All testing for radon should be conducted by a radon measurement technician. Elevated radon concentrations can be easily reduced by a radon mitigation technician. For additional information, go to www.kansasradonprogram.org. Section 22 - Severability. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the other provisions unenforceable, invalid, or illegal. Section 23 - Time. Time is of the essence of this Contract. No extension will be granted unless in writing and signed by the parties. Section 24 - Persons, Bound Copies. This Contract shall extend to and bind the heirs, executors, administrators, trustees, successors and assigns of the parties hereto, and may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one Contract. Section 25 - Notices. All notices, notifications, and demands shall be given in writing either by personal service or by registered or certified mail, postage prepaid, and return receipt requested. Notice shall be considered given when received on date appearing on the return receipt, but if the receipt is not returned within five days, then 48 hours after deposit in the mail. Notices shall be addressed to the addresses that appear in the first paragraph of this Contract or to such other address as either party may designate, in writing, to the other party. Notices of changes of address shall be effective only upon receipt. Section 26 - Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. Section 27 - Merger Clause. The parties intend these terms to be a complete, conclusive, and final expression of all the conditions of their Contract. No other promises, statements, warranties, contracts, or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. Any amendment to this Contract, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. 4 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. "Seller" CITY OF SALINA, KANSAS P1A •Mayor Attest: V 1 Shandi Wicks, CMC, City Clerk 5 "Buyer" Lmzk2 , � i= — Willi R. Whitaker Julienne M. Whitaker RECEIPT BY ESCROW AGENT The undersigned hereby acknowledges receipt of the executed original of this Contract, and agrees to act as Escrow Agent and Real Estate Reporting Person as defined under Internal Revenue Code Section 6045(e). Seller shall execute and deliver a joint tenancy warranty deed upon execution of this Contract to the Escrow Agent. Said deed shall be delivered to Buyer by the Escrow Agent upon the closing of this Contract, pursuant to its terms. This receipt is executed this Sri day of 52016. 2 Mid -Kansas Title Co., Inc. i Sandy Weis, Pr6sident