HomeMy WebLinkAboutPhillip B. Bryan
Augusta Richmond GA
DOCUMENT NAME: f\-\Lu..; p ~. ~'1fl'" ~ A\J'3\J~'t4 G-€otej/A
DOCUMENT TYPE: A '3~G6rt'eoJl
YEAR: ;)D D S-
BOX NUMBER: ~ '5
FILE NUMBER: \ ~ le y '1
NUMBER OF PAGES: ~
'.. 11
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STATE OF GEORGIA )
RICHMOND COUNTY )
nns AGREEMENT, made and entered into, this / ~y of April, 2005 between
PHILLIP B. BRYAN (hereinafter referred to as "SELLER"), and AUGUST A, GEORGIA, a
political subdivision of the State of Georgia, (hereinafter referred to as "BUYER");
WIT N E SSE T H:
1. Seller has agreed to sell and Buyer to buy, on the terms and conditions hereinafter
set forth, the real property described on Exhibit "A" hereto attached.
2. The purchase price of said property is $40,000.00 payable as follows:
CASH AT CLOSING
3, The Seller hereby acknowledges receipt of $10.00 as earnest money, which is to be
deposited with Seller; which earnest money is to be applied as part payment of the purchase price of
the property at the time the sale is consummated,
4. (a) Seller agrees to furnish a marketable title to said property and agrees to
convey said property by general warranty deed to Buyer at the time the sale is consummated,
subject to:
1. Covenants and restrictions of record not violated by existing
improvements or the use of the property.
2. Zoning ordinances not violated by the existing improvements or the
use of the property.
3. Encumbrances and leases specified in this contract.
(b) Buyer shall furnish to Seller a written statement of objections affecting the
marketability of said title at least fifteen (15) days prior to the date set for closing. If the Seller shall
be unable to convey title in accordance with the provisions of this contract, as a result of the
property being affected by any encumbrance (other than taxes for the current year which constitute
a lien, but are not due and payable at the time of closing), outstanding interest or question of title
not expressly consented to herein by the Buyer which render the Seller's title to the premises
unmarketable, and which may according to reasonable expectations, be removed within thirty (30)
days, the Seller shall have the privilege to remove or satisfY the same and shall for this purpose, be
entitled to an adjournment of the closing of title for a period not exceeding fifteen (15) days. The
Seller shall not be required to bring any action or proceeding or otherwise incur any expense to
render the title to the premises marketable. The Buyer may, nevertheless accept such title as Seller
may be able to convey without reduction of the purchase price or any credit against same and
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without liability on the part of the Seller.
5. The purchase and sale of the subject property shall be closed on or before April 30,
2005. Possession of the property shall be delivered to the Buyer on or before the time of closing.
6. Time is of the essence of this contract, and Seller and Buyer agree that such papers
as may be legally necessary to carry out the terms of this contract shall be executed and delivered by
such parties at the time this sale i.s consummated.
7. Seller warrants that when the sale is consummated the improvements on the
property wilL be in the same condition as they are on the date of this contract, natural wear and tear
excepted, and Seller specifically assumes the risk of loss or damage to said property Wltil the
consummation of the sale. Should the premises be destroyed or substantially damaged before this
contract is consummated, then, at the election of the Buyer: (a) The contract may be canceled; (b)
Buyer may conswrunate the contract and receive such insurance as is paid on the claim of loss; if
there is no insurance the reasonable cost of repairing said improvements shall be subtracted from
the purchase price provided for in paragraph 2 hereof. The election is to be exercised by Buyer
within ten (10) days after the amoWlt of the Seller's damage is determined.
8. Seller is to pay all liens, encumbrances, water charges and the like on said property,
for all transfer tax on Seller's deed. Buyer are to pay for the examination of title, intangible tax and
attorney fees. Taxes, interest on loan, rents and insurance premiums (if insurance is transferred to
Buyer) are to be prorated as ofthe date of closing.
9. Seller agrees that if this transaction is not consummated because of Seller's inability,
failure or refusal to convey marketable title, Seller shall return the earnest money to the Buyer.
Buyer agrees that if he fails or refuses to consummate this transaction for any reason, except lack of
marketable title in the Seller, the Seller shall have the option of suing for specific performance or of
terminating this contract. If the Seller shall elect to terminate this contract, the earnest money shall
not be refunded but shall be retained by the Seller as liquidated damages.
10. The special stipulations appearing on Exhibit B hereof, shall, if in conflict with the
printed matter contained herein, controL
11. This contract constitutes the sole and entire agreement between the parties and no
modification of this contract shall be binding Wlless attached hereto and signed by all parties to this
agreement. Representations, promises or inducements not included in this contract shall notbe
binding upon any party hereto.
12. All rights, powers, privileges and duties hereby granted or assUmed shall inure to the
benefit of and shall be binding upon the successors, assigns, heirs, administrators and executors of
the parties hereto.
IN WITNESS WHEREOF, the undersigned have hereWlto set their hands and seals, this
day of April, 2005.
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ATTEST:
Augusta, Georgia
By: Its~W
Buyer
(L. S.)
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~"'~~ O.Oo.YBiL~ (LB.)
Phillip B. B an - Seller ' \ _ : _ ..--,
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Seller
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Exhibit "A"
SPECIAL STIPULATIONS
1, Seller reserves the right but does not have the obligation to remove and
retain title and possession of the heating and air conditioning system, appliances, and any
personal property located on the premises, within 30 days from the time of closing,
2. Subject to buyers right to inspect as contained herein, property is being
sold "as is" and seller makes no representation concerning the conditions of
improvements.
3. Premises to be "broom clean" at the time of closing,
4, Buyer, their inspectors or representatives, at Buyer's expense and at
reasonable times during norn1al business hours shall have the right and responsibility to
enter upon the Property for the purpose of making a diligent, prudent and competent
inspection (including conducting the final walk through), by examining, testing and
surveying the Property. The inspection of the Property shall include, but is not limited
to: all appliances remaining with the Property, heating and air conditioning system;
plumbing (including without limitation, sewer/septic and water/well systems, pool and
spa, if any); electrical systems; roof, gutters, structural components, foundations,
fireplaces and chimneys; drainage conditions or evidence of excessive moisture
adversely affecting the structure; excessive levels of radon, toxic waste, hazardous
substances including, but not limited to: lead, asbestos and unreaformaldehyde, or other
undesirable substances; ~md any personal property described in this Agreement, Buyer
will within 15 calendar days from acceptance by all parties of the Agreement, make such
inspection and either accept the property in its present condition or within 5 days of such
inspection make written objection to Seller or give written notice of termination to the
Seller. Such notice of termination shall specifically state the basis of termination. In the
event Buyer delivers to Seller a written statement of objection, Seller shall have the right
to make the necessary repairs, at his cost, or terminate the Agreement. In the event the
Seller elects to terminate the Agreement, he shall notify the Buyer within 15 days of
Seller's receipt of the written objection,
5. Seller warrants that at time of closing the Property will be in the same
condition as it was on the date of acceptance, normal wear and tear excepted,
6, Seller shall pay transfer tax. Each party shall pay their respective attorney fees.
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Exhibit "B"
All that parcel, piece or lot of land, together with the improvements thereon, situate,
lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a
distance of 19.32 feet on the East side of Ninth Street (also known as Campbell Street),
between Greene Street and Telfair Street, extending back therefrom on its Northern
boundary a distance of 64.0 feet, more or less, and on its Southern boundary a distance of
64,0 feet, more or less, being Bounded, all now or formerly: North by property of Farr,
et a1.; East by property of Cashin; South by property of Bush; and West by Ninth Street
(also known as Campbell Street); being the same property conveyed to the parties of the
first part herein by Metropolitan Land & Investment Co. by deed dated January 13, 1971,
recorded in said Clerk's Office in Realty Book 38-Q, pages 718-719, reference being
made to said deed for a more particular description of the property hereby conveyed, the
improvements on said property being known as 424 Ninth Street (also known as
Campbell Street) according to the present system of street numbering in the City of
Augusta, Georgia.
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