(AOS) Agreement of Sale pg 5 and 6.pdf

b.  I f Seller will not make the required repairs, or if Seller fails to respond within the stated time, Buyer will, within 5 DAYS, notify Seller of Buyer’s choice to: 194 1) Make the repairs/improvements at Buyer’s expense, with permission and access to the Property given by Seller, which 195 wil...

b.  I f Seller will not make the required repairs, or if Seller fails to respond within the stated time, Buyer will, within 5 DAYS, notify Seller of Buyer’s choice to: 194 1) Make the repairs/improvements at Buyer’s expense, with permission and access to the Property given by Seller, which 195 will not be unreasonably withheld (Seller may require that Buyer sign a pre-settlement possession agreement such as 196 the Pre-Settlement Possession Addendum [PAR Form PRE], which shall not, in and of itself, be considered unreason197 able), OR 198 2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms 199 of Paragraph 26 of this Agreement. 200 If Buyer fails to respond within the time stated above or fails to terminate this Agreement by written notice to Seller 201 within that time, Buyer will accept the Property, make the required repairs/improvements at Buyer’s expense and agree 202 to the RELEASE in Paragraph 28 of this Agreement. 203 9. CHANGE IN BUYER’S FINANCIAL STATUS (9-18) 204  If a change in Buyer’s financial status affects Buyer’s ability to purchase, Buyer will promptly notify Seller and lender(s) to whom the 205 Buyer submitted a mortgage application, if any, in writing. A change in financial status includes, but is not limited to, loss or a change 206 in employment; failure or loss of sale of Buyer’s home; Buyer having incurred a new financial obligation; entry of a judgment against 207 Buyer. Buyer understands that applying for and/or incurring an additional financial obligation may affect Buyer’s ability to 208 purchase. 209 10. SELLER REPRESENTATIONS (1-20) 210 (A) Status of Water 211 Seller represents that the Property is served by: 212 Public Water Community Water On-site Water None _______________________________________ 213 (B) Status of Sewer 214 1. Seller represents that the Property is served by: 215 Public Sewer Community Sewage Disposal System Ten-Acre Permit Exemption (see Sewage Notice 2)_ 216 Individual On-lot Sewage Disposal System (see Sewage Notice 1) Holding Tank (see Sewage Notice 3) 217 Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) 218 None (see Sewage Notice 1) None Available/Permit Limitations in Effect (see Sewage Notice 5) 219 ________________________________________________________________________________________________ 220 2. Notices Pursuant to the Pennsylvania Sewage Facilities Act 221  Notice 1: There is no currently existing community sewage system available for the subject property. Section 7 of the 222 Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for construction, alter, 223 repair or occupy any building or structure for which an individual sewage system is to be installed, without first obtaining a 224 permit. Buyer is advised by this notice that, before signing this Agreement, Buyer should contact the local agency charged with 225 administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system. The 226 local agency charged with administering the Act will be the municipality where the Property is located or that municipality 227 working cooperatively with others. 228  Notice 2: This Property is serviced by an individual sewage system installed under the ten-acre permit exemption 229 provisions of Section 7 of the Pennsylvania Sewage Facilities Act. (Section 7 provides that a permit may not be required 230 before installing, constructing, awarding a contract for construction, altering, repairing or connecting to an individual sewage 231 system where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987). Buyer is advised that soils and 232 site testing were not conducted and that, should the system malfunction, the owner of the Property or properties serviced by 233 the system at the time of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance 234 which occurs as a result. 235  Notice 3: This Property is serviced by a holding tank (permanent or temporary) to which sewage is conveyed by a 236 water carrying system and which is designed and constructed to facilitate ultimate disposal of the sewage at another 237 site. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a h­ istory of the annual cost of maintaining the 238 tank from the date of its installation or December 14, 1995, whichever is later. 239  Notice 4: An individual sewage system has been installed at an isolation distance from a well that is less than the dis240 tance specified by regulation. The regulations at 25 Pa. Code §73.13 pertaining to minimum horizontal isolation distances 241 provide guidance. Subsection (b) of §73.13 states that the minimum horizontal isolation distance between an individual water 242 supply or water supply system suction line and treatment tanks shall be 50 feet. Subsection (c) of §73.13 states that the hor243 izontal isolation distance between the individual water supply or water supply system suction line and the perimeter of the 244 absorption area shall be 100 feet. 245  Notice 5: This lot is within an area in which permit limitations are in effect and is subject to those limitations. Sewage 246 facilities are not available for this lot and construction of a structure to be served by sewage facilities may not begin until 247 the municipality completes a major planning requirement pursuant to the Pennsylvania Sewage Facilities Act and regulations 248 promulgated thereunder. 249 (C) Historic Preservation 250 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here:_________________ 251 _______________________________________________________________________________________________________ 252 (D) Land Use Restrictions 253 1._ _ Property, or a portion of it, is subject to land use restrictions and may be preferentially assessed for tax purposes under the 254 following Act(s) (see Notices Regarding Land Use Restrictions below): 255 Agricultural Area Security Law (Right-to-Farm Act; Act 43 of 1981; 3 P.S. § 901 et seq.) 256 Farmland and Forest Land Assessment Act (Clean and Green Program; Act 319 of 1974; 72 P.S. § 5490.1 et seq.) 192 193 257 Buyer Initials:______________________ ASR Page 5 of 14 Seller Initials:______________________ Open Space Act (Act 442 of 1967; 32 P.S. § 5001 et seq.) Conservation Reserve Program (16 U.S.C. § 3831 et seq.) 260 Other__________________________________________________________________________________________ 261 2. Notices Regarding Land Use Restrictions 262 a. Pennsylvania Right-To-Farm Act: The property you are buying may be located in an area where agricultural operations 263 take place. Pennsylvania protects agricultural resources for the production of food and agricultural products. The law limits 264 circumstances where normal agricultural operations may be subject to nuisance lawsuits or restrictive ordinances. 265 b.  Clean and Green Program: Properties enrolled in the Clean and Green Program receive preferential property tax assess266 ment. Buyer and Seller have been advised of the need to contact the County Tax Assessment Office before the execution 267 of this Agreement to determine the property tax implications that will or may result from the sale of the Property, or that 268 may result in the future as a result of any change in use of the Property or the land from which it is being separated. 269 c.  Open Space Act: This Act enables counties to enter into covenants with owners of land designated as farm, forest, water 270 supply, or open space land on an adopted municipal, county or regional plan for the purpose of preserving the land as open 271 space. A covenant between the owner and county is binding upon any Buyer of the Property during the period of time that 272 the covenant is in effect (5 or 10 years). Covenants automatically renew at the end of the covenant period unless specific 273 termination notice procedures are followed. Buyer has been advised of the need to determine the restrictions that will apply 274 from the sale of the Property to Buyer and the property tax implications that will or may result from a change in use of the 275 Property, or any portion of it. Buyer is further advised to determine the term of any covenant now in effect. 276 d.  Conservation Reserve (Enhancement) Program: Properties enrolled in the Conservation Reserve Program or CREP are 277 environmentally-sensitive areas, the owners of which receive compensation in exchange for an agreement to maintain the 278 land in its natural state. Contracts last from 10 to 15 years and carry penalties to Seller if terminated early by Buyer. Buyer 279 has been advised of the need to determine the restrictions on development of the Property and the term of any contract now 280 in effect. Seller is advised to determine the financial implications that will or may result from the sale of the Property. 281 (E) Real Estate Seller Disclosure Law 282 Generally, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential real 283 estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by the law. A residential 284 real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of 285 an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING 286 UNITS are involved. Disclosures for condominiums and cooperatives are limited to the seller’s particular unit(s). Disclosures 287 regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale 288 of condominium and cooperative interests. 289 (F) Public and/or Private Assessments 290 1. Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner asso291 ciation assessments have been made against the Property which remain unpaid, and that no notice by any government or public 292 authority (excluding assessed value) has been served upon Seller or anyone on Seller’s behalf, including notices relating to 293 violations of zoning, housing, building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition 294 that would constitute a violation of any such ordinances that remain uncorrected, unless otherwise specified here:_________ 295 ____________________________________________________________________________________________________ 296 2. Seller knows of no other potential notices (including violations) and/or assessments except as follows:__________________ 297 _____________________________________________________________________________________________________ 298 (G) Highway Occupancy Permit 299 Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 300 (H) Internet of Things (IoT) Devices 301 1. The presence of smart and green home devices that are capable of connecting to the Internet, directly or indirectly, and the data 302 stored on those various devices make up a digital ecosystem in the Property sometimes referred to as the “Internet of Things 303 (IoT).” Buyer and Seller acknowledge that IoT devices may transmit data to third parties outside of the control of their owner. 304 2. On or before settlement, Seller will make a reasonable effort to clear all data stored on all IoT devices located on the Property 305 and included in the sale. Seller further acknowledges that all personal devices owned by Seller (including but not limited to 306 cellular telephones, personal computers and tablets) having connectivity to any IoT device(s) located on the Property will be 307 disconnected and cleared of relevant data prior to settlement. Further, no attempts will be made after settlement by Seller or 308 anyone on Seller’s behalf to access any IoT devices remaining on the Property. 309 3. Following settlement, Buyer will make a reasonable effort to clear all stored data from any IoT device(s) remaining on the 310 Property and to restrict access to said devices by Seller, Seller’s agents or any third party to whom Seller may have previously 311 provided access. This includes, but is not limited to, restoring IoT devices to original settings, changing passwords or codes, 312 updating network settings and submitting change of ownership and contact information to device manufacturers and service 313 providers. 314 4. This paragraph will survive settlement. 315 11. WAIVER OF CONTINGENCIES (9-05) 316 If this Agreement is contingent on Buyer’s right to inspect and/or repair the Property, or to verify insurability, environmental condi317 tions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer’s failure to exer318 cise any of Buyer’s options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts 319 the Property and agrees to the RELEASE in Paragraph 28 of this Agreement. 258 259 320 Buyer Initials:______________________ ASR Page 6 of 14 Seller Initials:______________________