City Commission Packet 05-17-2021

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                         AGENDA

                  CITY OF MUSKEGON
     CITY COMMISION – ELECTRONIC SPECIAL MEETING

    The Special City Commission Meeting is scheduled for

                   Monday, May 17, 2021
                        1:00 p.m.

Agenda:

  1. Sale – 237 Monroe

  2. Public Comment

  3. Adjourn
                           Agenda Item Review Form
                           Muskegon City Commission
Commission Meeting Date: May 17, 2021                     Title: Sale – 237 Monroe Ave

Submitted By: Frank Peterson                              Department: City Manager

Brief Summary: City staff is seeking authorization to sell the city-owned home at 237 Monroe to David
Whynot.

Detailed Summary: The city constructed this townhouse as part of the phase two of our infill housing
program. Our contract to construct the home was $164,470. We also anticipated $11,512 in sales
commissions. The accepted purchase price is $177,900, and the incurred sales commissions are $12,453.
Staff is recommending that the purchase agreement be approved, and 237 Monroe be sold at a cost of
$177,900 to Dave Whynot.

Amount Requested: None at this time                     Amount Budgeted: $0

Fund(s) or Account(s): N/A                              Fund(s) or Account(s): N/A

Recommended Motion: Authorize the City Manager to complete the sale of 237 Monroe Ave, as described
in the attached purchase agreement.

Check if the following Departments need to approve the item first:
Police Dept.        Fire Dept.       IT Dept.


For City Clerk Use Only:
Commission Action:
dotloop signature verification: dtlp.us/Ehh5-92zm-rrCO

                                                         WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
                                                                                                                                                                 #         1
         DATE:                        05/11/2021                    ,                       (time)                                    MLS #                 21014783

         SELLING OFFICE:                        West Urban Realty               BROKER LIC.#:                           REALTOR® PHONE:

         LISTING OFFICE:                        West Urban Realty              REALTOR® PHONE:                    616-366-2459

        1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
            counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
            in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
            to "time" refers to local time.
         2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
             Real Estate Agency Relationships. The selling licensee is acting as (check one):
                  Agent/Subagent of Seller             Buyer’s Agent          Dual Agent (with written, informed consent of both Buyer and Seller)
                  Transaction Coordinator
              Primary Selling Agent Name:                     Mariana Murillo VanDam                  Email: mariana@westurbanrealtymi.c Lic.#:                      6506015435

             Alternate Selling Agent Name:                                             Email:                                   Lic.#:
         3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
                 Buyer has received the Seller’s Disclosure Statement, dated                              . Seller certifies to Buyer that the Property
                 is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
                 changes in the content of the disclosure statement.
                 Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
                 of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
                 Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
                 registered mail. Exceptions:
                 Seller is exempt from the requirements of the Seller Disclosure Act.
        4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
            and will be an integral part of this Agreement.
        5. Property Description: Buyer offers to buy the property located in the        City    Village Township of                Muskegon           ,
            County of               Muskegon County            , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
                                                                        237 Monroe Avenue, 237, Muskegon, MI 49441
             with the following legal description and tax parcel ID numbers:
                                     Unit 237, Midtown 2 Condominium, a Condominium according to the Master Deed recorded in


             PP#                                                                      24-205-379-0003-20                                                                              .
           The following paragraph applies only if the Premises include unplatted land:
           Seller agrees to grant Buyer at closing the right to make (insert number)          na         division(s) under Section 108(2), (3), and
           (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
           with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
           number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
           will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
           before                                  , of the proposed division to create the Premises.
        6. Purchase Price: Buyer offers to buy the Property for the sum of $                 177900
                                                 one hundred seventy-seven thousand nine hundred                                           U.S. Dollars
        7. Seller Concessions, if any:

        8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
           SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
           are currently available to Buyer in cash or an equally liquid equivalent.
             If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
             three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
             receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
                   CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
                   verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
                   Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
                   at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
                   arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
                   NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
                   obtain a               30               type       FHA       (year) mortgage in the amount of       99     % of the Purchase Price
                   bearing interest at a rate not to exceed                % per annum (rate at time of loan application), on or before the date the sale is
                   to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
                   process the application, within           5        days after the Effective Date, not to impair Buyers’ credit after the date such loan if
                   offered.      Seller    Buyer will agree to pay an amount not to exceed $                         representing repairs required as a
                   condition of financing. Buyer         agrees      does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
         ©Copyright, West Michigan REALTOR® Associations                                                  DW                                        FP
         Page 1 of 6 Rev. Date 1/2021                                                                   05/11/21         Buyer’s Initials        05/12/21              Seller’s Initials
                                                                                                      5:27 PM EDT                              6:41 AM EDT
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                                                                                                              West Michigan Regional Purchase Agreement          Page 2 of 6
                   Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
                   Exceptions:

                   SELLER FINANCING (check one of the following):                  CONTRACT or                     PURCHASE MONEY MORTGAGE
                   In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
                   credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
                   Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
                   within 48 hours. Seller is advised to seek professional advice regarding the credit report.
                   $                           upon execution and delivery of a
                   form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
                   will be payable in monthly installments of $                            or more including interest at                    % per annum,
                   interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
                   will become due and payable                            months after closing. Any appraisal required by Buyer shall be arranged and
                   paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:


                   EQUITY (check one of the following):        Formal Assumption or        Informal Assumption
                   Upon execution and delivery of:       Warranty Deed subject to existing mortgage OR             Assignment of Vendee Interest
                   in Land Contract, Buyer to pay the difference (approximately $                             ) between the Purchase Price above
                   provided and the unpaid balance (approximately $                             ) upon said mortgage or land contract, which Buyer
                   agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
                   taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
                   (10) days after the Effective Date of this Agreement. Exceptions:

                   OTHER:


         9. Contingencies: Buyer’s obligation to consummate this transaction (check one):
                   IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
                   IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:

                   A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
                   or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
                   writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
                   Money Deposit.
                   IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
                   of a sale or exchange of Buyer’s property located at
                                                         on or before                                      . Seller will have the right to continue to
                   market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
                   thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
                   price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
                   promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:

         10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
             improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
             following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
             bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
             disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
             shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
             pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
             heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
             heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
             rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
             backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
             detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
             opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
                                                                                all kitchen appliances




              but does not include:


                                                   237 Monroe Avenue, 237, Muskegon, MI 49441                                             05/11/2021
                                                 Subject Property Address/Description                                                       Date                 Time
         ©Copyright, West Michigan REALTOR® Associations                                             DW                                          FP
         Revision Date 1/2021                                                                      05/11/21
                                                                                                                       Buyer’s Initials       05/12/21
                                                                                                                                                              Seller’s Initials
                                                                                                 5:27 PM EDT                                6:41 AM EDT
                                                                                                dotloop verified                           dotloop verified
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                                                                                                              West Michigan Regional Purchase Agreement         Page 3 of 6

         11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
             possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
             cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
             that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
             expended through normal use. Exceptions:

         12. Assessments (choose one):
             If the Property is subject to any assessments,
                  Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
                  of any installment arrangements), except for any fees that are required to connect to public utilities.
                  Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
                  and pay all other installments of such assessments.
         13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
             taxes billed after those addressed below.
              Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
              tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
              Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
              property is transferred.
                  No proration.          (Choose one):
                         Buyer               Seller    will pay taxes billed summer                        (year);
                         Buyer               Seller    will pay taxes billed winter                        (year);
                  Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
                  necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
                  and prorated to the date of closing with Seller paying for January 1 through the day before closing.
                  Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one):         advance.          arrears.
                  Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
                  year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
                  down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:

         14. Well/Septic: Within ten (10) days after the Effective Date, Seller will arrange for, at Seller’s expense, an inspection of the primary well
             used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the
             Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental
             authority, if applicable) protocol. Seller will also follow any governmental rules regarding pumping of tanks.
             Where no county or government protocol is in place, Seller will arrange for, at Seller’s expense, well and septic inspections (as
             referenced above) by a qualified inspector, Seller will have tanks pumped, unless a qualified inspector determines, in writing, that
             pumping is not necessary.
              If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
              within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
              refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
              to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-
              is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
              resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
              termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
              Buyer will proceed to closing according to the terms and conditions of this Agreement. Exceptions:

         15. Inspections & Investigations:
              Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
              Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
              Buyer’s responsibility and expense. In the event of VA financing, Seller will pay for the inspection for termites and other wood
              destroying insects.
              Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
              and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
              Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
              All inspections and investigations will be completed within ten (10) days after the Effective Date. If the results of Buyer’s inspections
              and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either
              terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
              those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
                                                   237 Monroe Avenue, 237, Muskegon, MI 49441                                            05/11/2021
                                                 Subject Property Address/Description                                                      Date                 Time
         ©Copyright, West Michigan REALTOR® Associations                                             DW                                         FP
         Revision Date 1/2021                                                                      05/11/21
                                                                                                                      Buyer’s Initials       05/12/21
                                                                                                                                                             Seller’s Initials
                                                                                                 5:27 PM EDT                               6:41 AM EDT
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                                                                                                              West Michigan Regional Purchase Agreement         Page 4 of 6

                 deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal
                 or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s
                 receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a
                 refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will
                 be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this
   DW Agreement.
   05/11/21          Buyer has waived all rights under this Inspections & Investigations paragraph.
 5:27 PM EDT
           16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
dotloop verified

                 ordinances, if applicable.
           17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
                 other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
                 ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
                 Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
                 report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
                 not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
             If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
             either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
             those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
             deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
             proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
             after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
             shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
             period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
             of this Agreement. Exceptions:

        18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
            and the location of improvements thereon.
                 Buyer or     Seller (check one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
              corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
              the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
              would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
              within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
              Deposit.
                No survey. Buyer has waived all rights under this paragraph.
             When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
             thereon. Exceptions:

        19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
            additional protection and benefit to the parties. Exceptions:

        20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
            assumed by Buyer; will all be adjusted to the date of closing.
        21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
                       06/18/2021           . An additional period of fifteen (15) days will be allowed for closing to accommodate the
            correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required
            inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all
            necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the
            case of VA financing where Seller will pay the entire closing fee. Exceptions:

        22. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
            delivered to Buyer, subject to rights of present tenants, if any.
                 At the completion of the closing of the sale.
                 At                   a.m.   p.m. on the                    day after completion of the closing of the sale, during which time Seller
            will have the privilege to occupy the Property and hereby agrees to pay Buyer $                                          as an occupancy
            fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
            If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
            liquidated damages $                     per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
            from the Property.


                                                   237 Monroe Avenue, 237, Muskegon, MI 49441                                            05/11/2021
                                                 Subject Property Address/Description                                                      Date                 Time
         ©Copyright, West Michigan REALTOR® Associations                                             DW                                       FP
         Revision Date 1/2021                                                                      05/11/21           Buyer’s Initials       05/12/21        Seller’s Initials
                                                                                                 5:27 PM EDT                               6:41 AM EDT
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                                                                                                              West Michigan Regional Purchase Agreement         Page 5 of 6
             If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
             mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
             portion of the Property will be Seller’s responsibility and expense.
             On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
             personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
             all utilities, and shall deliver all keys to Buyer. Exceptions:

        23. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until                              5pm                        (time) on
                         05/12/2021              (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
            Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $                  $1000
            shall be submitted to                                       Transnation Title                                  (insert name of broker, title
            company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
            Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
            Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
            waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
            than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
            and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
            the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
            Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
            to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
            negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
            In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
            determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
            and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
            instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
            conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
        24. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
            advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
            legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
            Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
            sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
            made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
            transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
            separately signed by Seller.
        25. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
            to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
            Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
        26. Other Provisions:




        27. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
            oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
            by Buyer and Seller and attached to this Agreement.
        28. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
            amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
            of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
            equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
            required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
        29. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
            communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
            license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
            Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
            Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
            to steal funds or use your identity.

                                                   237 Monroe Avenue, 237, Muskegon, MI 49441                                            05/11/2021
                                                 Subject Property Address/Description                                                      Date                 Time
         ©Copyright, West Michigan REALTOR® Associations                                             DW                                         FP
         Revision Date 1/2021                                                                      05/11/21           Buyer’s Initials       05/12/21        Seller’s Initials
                                                                                                 5:27 PM EDT                               6:41 AM EDT
                                                                                                dotloop verified                          dotloop verified
dotloop signature verification: dtlp.us/Ehh5-92zm-rrCO



                                                                                                                West Michigan Regional Purchase Agreement                      Page 6 of 6



        30. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
                                                                                                                                                             dotloop verified
                                                                                                              David Whynot
             Buyer 1 Address                                                                             X                                                   05/11/21 5:27 PM EDT
                                                                                                                                                             LPQI-R7FP-1JRQ-MHFU    Buyer
             Buyer 1 Phone: (Res.)                 231-343-8583     (Bus.)                                                              David Whynot
                                                                                                                        Print name as you want it to appear on documents.

             Buyer 2 Address                                                                             X                                                                          Buyer
             Buyer 2 Phone: (Res.)                                  (Bus.)
                                                                                                                        Print name as you want it to appear on documents.


        31. Seller’s Response: The above offer is approved:                    As written.       As written except:




             Counteroffer, if any, expires              05/12/2021               , at        5pm          (time). Seller has the right to withdraw this
             counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
        32. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
            disclosed in the Seller’s Disclosure Statement dated                            (check one): Yes No. Seller agrees to inform Buyer
            in writing of any changes in the content of the disclosure statement prior to closing.
        33. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
            relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
            the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
            is available from the respective agents via the West Michigan REALTOR® Boards.
       34. Listing Office Address:                       255 W Western Ave, Muskegon, MI 49440                         Listing Broker License #
             Listing Agent Name:                              Mariana Murillo VanDam                                   Listing Agent License #

        35. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
            response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
            below.                                                                                                            dotloop verified

            X (Seller’s Signature, Date, Time):
                                                Frank Peterson                                                                05/12/21 6:41 AM EDT
                                                                                                                              XMYX-EVCP-KUGS-SY7D

                                               Frank Peterson                                                        Is Seller a U.S. Citizen?    Yes         No*
                               Print name as you want it to appear on documents.

             X (Seller’s Signature, Date, Time):
                                                                                                                     Is Seller a U.S. Citizen?    Yes         No*
                                Print name as you want it to appear on documents.
             Seller’s Address:            0 S Laketon Avenue 0, Muskegon, 49442             Seller’s Phone (Res.)                          (Bus)
                            * If Seller(s) is not a U.S. Citizen, there may be tax implications and Buyer and Seller are advised to seek professional advice.

        36. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
            constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
             X (Buyer’s Signature, Date, Time):

             X (Buyer’s Signature, Date, Time):

        37. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
             X (Seller’s Signature, Date, Time):

             X (Seller’s Signature, Date, Time):



                                                   237 Monroe Avenue, 237, Muskegon, MI 49441                                                    05/11/2021
                                                 Subject Property Address/Description                                                              Date                         Time
         ©Copyright, West Michigan REALTOR® Associations                                               DW                                               FP
         Revision Date 1/2021                                                                        05/11/21
                                                                                                                            Buyer’s Initials         05/12/21
                                                                                                                                                                            Seller’s Initials
                                                                                                   5:27 PM EDT                                     6:41 AM EDT
                                                                                                  dotloop verified                                dotloop verified

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