2024A-00474-CHC-ROC Notice of Hearing & Packet MAILED 2024-00474.pdf
2024A-00474-CHC-ROC · Registrar of Contractors · 2024-08-02
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Ana Teresa Moriset , Case No. 2024-00474
COMPLAINANT, Docket No. 2024A-00474-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Richmond American Construction Inc., License No. ROC 206612,
RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
September 19, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED
The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on May 24, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED
The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(2)(a) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 3 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will
be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.
A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET
In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS
The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT
At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE
The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com
If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of
extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed
Complaints – Resolved/Settled/Withdrawn.”
Dated August 5, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail August 5, 2024 to:
Respondent(s) Richmond American Construction Inc. 16427 N Scottsdale Rd Ste. 300 Scottsdale, AZ 85254
Respondent's Attorney Chris H, Begeman, Esq. 2999 N 44th St Ste 215 Phoenix, AZ 85018 Complainant(s) Ana Teresa Moriset 12623 N Appling Ave Marana, AZ 85653
Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar
Case No. 2024-00474 /
Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Ana Teresa Moriset Mailing Address (Enter jobsite in Contract/Project section) City State Zip
12623 N Appling Ave Marana Arizona 85653 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Richmond American Construction Inc ROC 206612 Street Address City State Zip
Phone Number Email
Name of Person(s) Representing License
Brandon Fila Contract/Project Information Contract Date Contract Amount Amount Paid
November 19, 2021 $494,870.00 $494,870.00 Date Work Started Date Work Stopped Date Work Was Completed
November 19, 2021 November 22, 2022 November 22, 2022 Close of Escrow (New Home) Move-In Date (New-Home)
November 22, 2022 November 25, 2022 Jobsite Street Address City State Zip
12623 N Appling Ave Marana AZ 85653 Name of Construction Site Owner Construction Site Name (if applicable)
GLADDEN FARMS BLOCK 30 LOTS 1-136 Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Poor Work;Other I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was Both All change orders were Both This project was Residential This project involved New Home
A building permit was obtained by Contractor [number redacted] Marana List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
As a result of Roof damage, I experienced two major leaks: water damage and water coming out of the electrical outlet. Because of the water coming out of the electrical outlets, we had to shut off the breaker to avoid an electrical fire. Because of this, we realized that the circuits are not according to the submitted floorplans.
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Ana Teresa Moriset \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 892E33D1-0735-460E-AASD-0468DF8AB343
§RICHVIOND IGRMERICAN HOMES
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT ("Agreement") is entered into by and between Richmond American Homes of Arizona, Inc., a Delaware Corporation ("Seller"), with an office located at 3091 West Ina Road, Tucson, AZ 85741, and Ana Moriset (full legal name) ("Buyer"), who presently resides at 1180. W. Doolan (Street Address), Tucson (City), AZ (State) 85755 (Zip) Phone Number 1: (520) 668-2849: Phone Number 2: (520) 668-2849; Email: at1980@gmail. com, Buyer and Seller are sometimescollectively referred to in this Agreement as the "parties" and individually as a "party." The defined terms in this Agreement and the Sections where their definitions can be found are in the attached Index of Definitions. THIS AGREEMENT INCLUDES AN ALTERNATIVE DISPUTE RESOLUTION PROVISION WHICH IS SET FORTH IN THE ATTACHED ALTERNATIVE DISPUTE RESOLUTION ADDENDUM. 1. PROPERTY. Pursuant to the terms and conditions of this Agreement, Seller agrees to sell and Buyer agrees to purchase the following described real property: Lot/Unit 30, Block _N/A_, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, Parcel/Tax Map No. [number redacted], City/Township Marana , County Pima, State AZ, Zip 85653, also known as 12623.N APPLING AV (Street Address), together with the residential dwelling constructed or to be constructed thereon (" Home"), in substantial conformance with Plan Name and Number Deacon - T772, Elevation ELVA ("Plans"). The real property anid the Home are collectively referred to in this Agreement as the " Property.” Buyer will take title to the Property as Joint Tenants, Tenants in Common, Tenants by the Entirety (husband and wife only; not available in California Washington or Colorado), Individually, Community Property, Community Property with Right of Survivorship (not available in Florida); x Other: TED (check only one box). if Buyer consists of more than one individual and does not makea selection fortitle Buyer will take title to the Property in equal shares as Tenants in Common, unless Buyeris a marital community or a registered domestic partnership in a community property state and does not make a selection for title, in which event Buyerwill take title to the Property as Community Property. 2. PURCHASE PRICE. Thepurchaseprice for the Property is:
$414,990.00 "Base Price" Plus: $16,923.00 Cost of Buyer's On-Site Options and Home Gallery Selections as defined in the On-Site Options and Home Gallery Selections Section of this Agreement as described in the Job Initiation Order ("Job Initiation Order") or in Seller's change order forms ("Change Order’). Plus: $22,000.00 "Lot Premium,"if any, described in Job Initiation Order or Change Order.
Less: $0.00 Credit given by Seller to Buyer for applicable sales program promotions or incentives as described in any Addenda attached to this Agreementorin Seller's Change Order. Total: $453,913.00 Total Purchase Price which amount may be modified prior to Closing by, among other things, the subsequent addition of On-Site Options and Home Gallery Selections ("Total Purchase Price") and will be described in the " Final Purchase Price Acknowledgment."
3. PAYMENT.
3.1. Total Purchase Price. The Total Purchase Price shall be payable to Seller in United States Dollars ("USD") as follows: $8,300.00 "Deposit" paid upon execution of this Agreement by Buyer. The Deposit has been paid in the form of debit _car($ received today) and 0. (promissory note), receipt of which is acknowledged by Seller.
Page | of 18 PURCHASE AGREEMENT- ARIZONA Revised ~ 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D1-0735-460E-AA5D-O468DF8AB343
@RICHVIOND NWOAAMERICAN HOMES $445,613.00 Balance of Total Purchase Price due at Closing subject to closing adjustments, addition of On-Site Options and Home Gallery Selections, and application of Personalization Deposits. The balance of the Total Purchase Price shall be paid by wire transfer, certified funds, or cashier's check at Closing, as allowed bystate law.
[Buyerhasorwill have funds available at Closing to pay the balanceof the Total Purchase Price and this Agreementis not subject to the Financing Condition. Buyer shall provide Seller with verification of sufficient funds within five days of Buyer's execution of this Agreement and shall provide continued verification upon Seller's request.
[x|This Agreementis subject to the Financing Condition of this Agreement.
3.2 Deposit and Personalization Deposit. Upon selection of On-Site Options and Home Gallery Selections as defined below, or upon written agreement between Buyer and Seller for a custom change to the Home, Seller may require that Buyer provide an additional deposit (the "Personalization Deposit") in an amount determined by Seller. The Personalization Deposit shall be delivered to Seller by check made payable to the order of Seller. The Deposit and the Personalization Deposit shall be applied to the Total Purchase Price due at Closing, or, if Buyer defaults, shall serve as Liquidated Damages pursuant to the Default and Remedies provisions of this Agreement. The Deposit and the Personalization Deposit shall be non-refundable except as otherwise provided in this Agreementor by applicable law.
Except as required by applicable law and except as required if Buyer is financing the Property through a Veteran's Administration ("VA") guaranteed loan, Buyer is advised that the Deposit, the Personalization Deposit, and all other funds advanced or paid under this Agreement will not be placed in a neutral escrow. Such funds will be paid directly to Seller and may be placedin Seller's general account and used by Seller in connection with the construction of the Property or for general corporate purposes. With respect to VA guaranteed loansSeller will place any Deposit and Personalization Deposit in a trust account as required by 38 U.S.C. §3706 until Closing occurs or such Deposits are otherwise disposed of in accordance with the terms and conditions of this Agreement. All interest, if any, earned on the Deposit and the Personalization Deposit shall be retained by Seller and shall not be applied to the Total Purchase Price, unless otherwise required by applicable law.
3.3 Closing Costs and Adjustments. The Total Purchase Price does notinclude adjustments such as Buyer's share of closing costs and escrowfees to be collected at Closing, including without limitation real property transfer taxes, Loan costs and fees, improvement location certificates, or homeowners association fees and assessments. Except as otherwise provided in this Agreement, Buyer shall be responsible for all closing costs including, withoutlimitation all costs of obtaining the Loan, the Closing Agent's fees, revenue stamps, state and local transfer taxes, and all other customary settlement, closing and recording charges. General real estate taxes, general and special assessments, homeowners association assessments, if any, and all other costs and charges customarily prorated in the jurisdiction in which the Property is located will be prorated to the Closing Date based onthe latest available information. Such prorations will be final and will survive Closing.
4, FEES.
4.1 Processing Fee. Upon execution of this Agreement by Buyer, Buyer shall pay Seller a fee of $250.00 (USD) for the preparation and administration of this Agreement ("Processing Fee"). If Buyer requests and Seller approves any modifications or additions to On-Site Options or Home Gallery Selections after Buyer has finalized Personalization selections as provided in the On-Site Options and Home Gallery Selections Section, Buyer shall pay Seller a fee up to $500.00 (USD) for each modification ("Reprocessing Fees"). The Processing Fee and any Reprocessing Fees are not credited against the Total Purchase Price. The Processing Fee and Reprocessing Fees do not cover any third-party processing charges or costs, including without limitation Loan or credit processing fees, which Buyer must pay separately. The Processing Fee and Reprocessing Fees are not applicable if the Property is financed by a VA guaranteed loan.
4.2 Appraisal Fee. If Buyer owns another home that must be sold in order to purchase the Property, Seller may obtain an appraisal for that home at Buyer's cost which shall not exceed $500.00, Buyer shall pay Seller the cost of that appraisal upon the date of Buyer's execution ofthis Agreement ("Appraisal Fee"). The appraised value determined by this appraisal shall be the " Appraised Value" for purposes of the Existing Property Contingency Section of this Agreement.
PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D 1-0735-460E-AASD-9468DF8AB343
&)RICHVIOND WAZ AMERICAN HOMES The Appraisal Fee is not credited against the Total Purchase Price.
4.3 Non-Refundable. All references in this Agreement to the return of the Deposit or the Personalization Deposit to Buyer, or to the return of amounts previously paid by Buyer, shall not include Processing Fees, Reprocessing Fees or Appraisal Fees. Processing Fees, Reprocessing Fees, and Appraisal Fees are non-refundable.
5. ON-SITE OPTIONS AND HOME GALLERY SELECTIONS.
5.1 Timing for Selections. Buyer may select certain optional items, changes or modifications to the Property offered on-site by Seller ("On-Site Options"). At the time of Buyer's execution of this Agreement or prompily thereafter, Seller will schedule an appointment with Buyer to commence Buyer's selection of all colors and materials for cabinets, carpet, countertops, floor coverings and other color and design items offered by Seller (‘Home Gallery Selections"). Depending on the construction status of the Property, and if offered by Seller, On-Site Options and Home Gallery Selections may include structural, architectural, electrical, or mechanical changes, additions, or deletions to the Property. Buyer agrees to select all On-Site Qptians and to make all Home Gallery Selections within seven / twenty-one days of Buyer's execution of this Agreement. Buyer agrees to make(sUch selections within a shorter time period as may be reasonably required by Seller. Depending on the construction status of the Property, Buyer agrees that at the time Seller accepts this Agreement, certain On-Site Options and Home Gallery Selections may have already been selected by Seller and cannot be changed by Buyer. If Buyerfails to make any selection within the time limits provided by Seller, Seller may make selections for Buyer at no additional charge and those selections shall be binding on Buyer. lf Buyer elects to terminate this Agreement based on Seller's selections, Seller shall have the right to retain the Deposit and the Personalization Deposit as Liquidated Damages. Seller may charge a Late Closing Charge as provided below if Buyer's failure to timely make selections results in a delay in the Completion of the Property.
5.2 Personalization. Home Gallery Selections and On-Site Options are sometimes collectively referred to as "Personalization" and may reference standard options at no additional charge as well as selections for which Buyerwill pay additional charges. Personalization not included in a Job Initiation Order shall be subsequently agreed to in writing on Seller's Change Order. Buyer agrees that no Personalization is binding upon Seller without Seller's Job Initiation Order or Change Order approved and signed by an authorized representative of Seller. If this Agreement is subject to the Existing Property Contingency or the Financing Condition, Buyer agrees that Seller shall have the right to modify any Personalization selected by Buyer, at no additional charge, if Seller reasonably believes that the Personalization may adversely affect the marketability of the Property. Seller reserves the right to refuse to install any Personalization which Seller believes may cause the Total Purchase Price to exceed the Property's appraised value. Buyer agrees that certain On-Site Options and Home Gallery Selections may not be offered in all homes. Any additional cost of Personalization selected by Buyer and approved by Seller after the date of execution of this Agreement by Buyer will be added to the Total Purchase Price.
5.3. Payment of Personalization Deposit. The Personalization Deposit shall be paid by Buyer upon execution by Buyer and acceptance by Seller of any Change Order. After Buyer hasfinalized Personalization selections as documented in Seller's Change Orders, a Reprocessing Fee will be charged for Personalization changes. Additions or changes to Personalization selections, other than those required due to unavailable Personalization selections, must be agreed to in writing on Seller's Change Order and the Reprocessing Fee shall be paid upon execution of the Change Order. Seller may choose not to commenceinstallation of Personalization selections until Seller receives the Personalization Deposit.
5.4 Unavailable Personalization. If any Personalization selections (i) are unavailable or will not be available for installation for any reason, (ii) would be incompatible with the Plans, (ili) would require Seller to materially alter or modify work already performed, (iv) are subject to an increase in price beyond whatis included on any price sheet provided to Buyer and approved by Seller, or (v) will result in a delay in Seller's construction schedule or in Closing, then such Personalization may be deemed unavailable by Seller and Buyer shall make new Personalization selections within five days after receipt of notice from Seller.
5.5 Failure to Provide Personalization Selections. !f Seller does not provide the requested Personalization, Seller will refund the portion of Buyer's Personalization Deposit and any Reprocessing Fee for the Personalization not provided. The proportionate refund of Buyer's Personalization Deposit and Reprocessing Fee will be Seller's only obligation for not providing
PURCHASE AGREEMENT - ARIZONA,
Revised - 10/27/2017 14/19/2021 ~15:40 PM DocuSign Envelope 1D: 892E33D1-0735-460E-AASD-9468DF8AB343
&SRICHVIOND WGAMERICAN HOMES
the Personalization, and any such omission shall have no other effect upon this Agreementor the responsibilities of Buyer or Seller under this Agreement. If an incorrect Personalization is installed, then Buyer's sole right and remedy shall be repair and/or re-installation of the Personalization in question or, at Seller's option, Seller will refund Buyer's Personalization Deposit and Reprocessing Feeas to thatitem.
5,6 Appraisal. An appraiser may not give value to Personalization and lot premiums. If Buyeris obtaining a Loan or paying cash and the Total Purchase Price, including Buyer's Personalization selections, exceeds the appraised value, Buyer shall remain responsible for paying the Total Purchase Price, including the amount by which the Total Purchase Price exceeds the appraised value of the Property exceptin the case of VA guaranteed or Federal Housing Administration (" FHA")insured financing as described in the Financing Condition Section.
6. FINANCING CONDITION. 6.1 Loan. f Buyer is obtaining a Loan to pay all or part of the Total Purchase Price ("Financing Condition"), Buyer's obligation to purchase the Property is conditioned upon Buyer promptly obtaining a written loan commitment from a lender satisfactory to Seller subject to conditions acceptable to Seller ("Loan Commitment"). Buyer shall use best efforts to obtain the Loan Commitment within thirty days after the date of execution of this Agreement by Buyer ("Loan Commitment Date"). The Loan Commitment shall commit the Lender to lend money to Buyer for the purchase of the Property ("Loan").
6.2 RESPA Notice. As required by the Real Estate Settlement Procedures Act of 1974, as amended or reenacted ("RESPA"), Seller notifies Buyer that Seller has business relationships with HomeAmerican Mortgage Corporation ("HomeAmerican"), American Home Title and Escrow Company ("AHT"), and American Home Insurance Agency (known as AHI Insurance Agencyin California) ("AHI") as more fully described in the attached Addendum titled Affiliated Business Arrangement Disclosure Statement. Because of these relationships, referrals to these companies may provide Seller a financial or other benefit.
6.3 Loan Application. Buyer shall apply for a Loan with either HomeAmerican or another lender of Buyer’s selection ("Lender"), within seven days of the date of execution of this Agreement by Buyer. The loan application shall not be considered complete for purposes of this Agreement unless ail information requested by Lender to complete the loan application has been provided to Lender. Buyer agreesto inform Seller on an ongoing basis of the status of the loan application. Buyerauthorizes Seller to contact Lender to determine the status of Buyer's loan application and consents to Lender's disclosure ofthis information to Seller. Buyer will notify Lender and Seller of any change in circumstances at any time during the term of this Agreement that may affect Buyer's ability to obtain a Loan or to purchase the Property. Buyer will fully cooperate with Lenderin processing the loan application and takeall action necessary to comply with all Lender requirements in a timely manner.
Seller may, at any time after Buyer's receipt of the Loan Commitment, give Buyer written notice that Seller in good faith believes Buyer may no longer qualify for a Loan of the type and/or amount necessary for the purchase of the Property. Within seven days of Seller's delivery of such written notice to Buyer, Buyer shall provide to Seller a Loan Commitment dated no earlier than seven days prior to Seller's request and conditioned only upon receipt of a satisfactory appraisal of the Property.
Buyer acknowledgesthat(i) interest rates and loan costs fluctuate and mayincrease or decrease between the date of execution of this Agreement by Buyer and the Closing Date, and (ii) delays in construction of the Home or in Closing might result in higher interest rates, higher or additional costs, or expiration of the Loan Commitment. To the fullest extent permitted by applicable law, Buyer waives any rights or remedies against Seller that Buyer may have, nowor in the future, for any fluctuation in the value of Buyer's Existing Property, changes in interest rates, higher or additional costs, or expiration of the Loan Commitment.
6.4 Failure to Obtain Loan Commitment; Extensions. If Buyer fails, despite best efforts, to obtain the Loan Commitment by the Loan Commitment Date, then the Loan Commitment Date may be extended by an authorized representative of Seller. Seller may in its sole discretion require Buyer to make application (as provided above) with at least two additional qualified Lenders. If Buyer fails, after full cooperation, to timely provide a written Loan Commitment,Seller may terminate this Agreement, and the Deposit, and the Personalization Deposit shall be refunded to Buyer, except that portion attributable to Personalization selections already ordered by Seller, and both parties shall be relieved of further obligations under this Agreement. It is expressly agreed with respect to VA guaranteed loans only, that if Buyer's application for VA
PURCHASE AGREEMENT- ARIZONA Revised - 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D1-0735~460E-AASD-9468DF8AB343
@ RICHVIOND oI} HOMES guaranteed financing is rejected by the Lender, Buyer may terminate this Agreement and, notwithstanding any contrary provision in this Agreement, Buyer will receive a refund of the Deposit and Personalization Deposit.
6.5 Loan Commitment. Once the Loan Commitmentis issued, Buyer will be deemed to have accepted the Loan Commitment unless Buyer otherwise notifies Seller in writing within two days after issuance of the Loan Commitment. If Buyer gives Seller such notice within the two day period, then Seller may terminate this Agreement, or, in its sole discretion, extend the Loan Commitment Date in accordance with the preceding paragraph. Once Buyer accepts the Loan Commitment, the Deposit and the Personalization Deposit shall be non-refundable to Buyer except as may otherwise be expressly set forth in this Agreement and except with respect to VA guaranteed loans, and Buyer agrees to use best efforts to satisfy all Loan Commitment conditions.
lf Buyer has obtained a Loan Commitment but thereafter (a) Buyer's Loan Commitmentis terminated or rescinded and Buyer gives Seller immediate notice of such termination, and Buyer is unable to obtain and deliver a replacement loan commitment within such time as Seller may allow for such purpose, or (b) Lender for any reason declines to fund the Loan to Buyer, then Buyer shall be deemed ito be in default under this Agreement and Seller may immediately exercise all of its rights and remedies under this Agreement, including the right to retain the Deposit, the Personalization Deposit and all other amounts paid by Buyer to Seller. With respect to VA guaranteed loans only, Buyer will receive a refund of the Deposit and Personalization Deposit if Buyer's Loan Commitmentis terminated for any reason..
6.6 Sale or Lease of Buyer's Real Property. If Buyer obtains a Loan Commitment conditioned upon the sale or lease of Buyer's present home or other real property before the Loan will be funded, then this Agreement will automatically be deemed subject to the Existing Property Contingency Section of this Agreement.
6.7 Waiver of Financing Condition. Buyer may waive the Financing Condition at any time by written notice to Seller accompanied by evidence satisfactory to Seller that Buyer has, or prior to Closing will have, sufficient funds for Closing. If the Financing Condition is waived, the Deposit and the Personalization Deposit shall be non-refundable to Buyer except as may otherwise be expressly set forth in this Agreement.
6.8 Appraisal Requirements for FHA Insured Financing and VA Guaranteed Loans. Notwithstanding any contrary provision in this Agreement, if Buyer is obtaining VA guaranteed or FHAinsured financing, Buyer will not be obligated to complete the purchase of the Property or incur a loss of the Deposit if the Base Price of the Property, plus the portion of the Personalization that is to be included in the Loan, exceeds the Property's appraised value as described in a direct endorsement by the Federal Housing Commissioner or a certificate of reasonable value from the VA, as applicable. In such event, if Buyer is obtaining VA guaranteed financing and fails to provide notice of Buyer's election to proceed or provides notice to Seller that Buyer does not desire to proceed with this Agreement, this Agreement shall terminate and the Deposit and the Personalization Deposit shall be refunded to Buyer. If Buyer is obtaining FHA insured financing, and fails to provide notice of Buyer's election to proceed or provides notice to Seller that Buyer does not desire to proceed with this Agreement, this Agreement shall terminate and the Deposit and the Personalization Deposit, except that portion attributable to Personalization selections already ordered by Seller, shall be refunded to Buyer. Buyer may elect to proceed with the purchase of the Property without regard to the Property's value established by FHA or VA by providing notice to Seller of Buyer's election to proceed within three days of Buyer's receipt of the direct endorsementor certificate of reasonable value, as applicable. The value established by FHA or VA determines the maximum loan amount FHA will insure or VA will guarantee. Buyer agrees that FHA and VA do not warrant the value, condition or workmanship of the Property, and that Buyer should satisfy itself that the price, condition and workmanship of the Property are acceptable.
7. EXISTING PROPERTY CONTINGENCY, The parties agree as indicated by the checked box below:
7.1 Designation of Contingency (check only one box):
_X. This Agreement is NOT subject to an Existing Property Contingency as defined below.
Buyeris required to sell or lease its existing property located at ("Existing Property") and the sale and closing or lease of the Existing Property is a contingency to Buyer's obligation to purchase the Property ("Existing Property Contingency’).
PURCHASE AGREEMENT - ARIZONA
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&)RICHVIOND NOAAMERICAN HOMES
lf the Existing Property Contingency is checked, Buyer agrees to either (A), (B), or (C) below (check only one box):
[_] (A) Buyerhas entered into a contract with a qualified purchaserto sell the Existing Property. Buyer will provide Seller a copy of its executed contract within three days of Buyer's execution of this Agreement.
a (B) Buyerhaslisted, or will list within seven days of Buyer's execution ofthis Agreement, the Existing Property with a qualified, licensed real estate broker/agent who is a member of the multiple listing service ("MLS") in the area of the Existing Property. Buyer agrees that the Existing Property will belisted in the MLS at a price that does not exceed the Appraised Value. The Appraised Value of the Existing Property will be determined by the appraisal obtained by Seller as set forth in the Fees Section of this Agreement. If the Appraised Value of the Existing Property is less than the currentlisted price of the Existing Property, Buyer shall cause the price of the Existing Property to be adjusted to the Appraised Value. Buyer shall provide Seller a copyof the Listing Agreement and evidence of the MLS listing within seven days of: (i) Buyer's execution of this Agreement, or(if) Buyer's execution of the Listing Agreement, whicheveris later.
EL] (C) Buyer is required to lease its Existing Property as a condition to Buyer's obligation to purchase the Property. Buyer has listed or advertised or, within thirty days following commencement of construction of the Home, will list or advertise its Existing Property for rental at a rate and in a manner acceptable to Seller, and Lender, if any. Buyer shail provide Seller evidenceofthelisting or advertisement within three days following Buyer’ s listing or advertisement of the Existing Property.
Buyerwill be in default if Buyer fails to comply with anyofits obligations provided in this Section, and the Default and Remedies provision of this Agreement shall control.
7.2 Existing Property Contingency Period. If this Agreement is subject to the Existing Property Contingency, the Existing Property Contingency must be satisfied or waived by Buyer on or before i) the commencementof the installation of drywall in the Home, or ii) sixty days from Buyer's execution of this Agreement, whichever occurs first ("Contingency Period”). During the Contingency Period, Seller may continue to offer the Property for sale to the general public on such terms and conditions as Seller may determine and the Property may besold to a non-contingent buyer at any time. If Seller notifies Buyer of an offer to purchase the Property during the Contingency Period, Buyer shall be required to execute an Addendum removing or waiving the Existing Property Contingency and demonstrating to Seller's satisfaction the ability to perform in accordance with the terms of this Agreement. If Buyer does not execute the Addendum within 24 hours following notice by Seller of the third-party offer, this Agreementshall automatically terminate. If the Existing Property Contingency has not been satisfied or waived on or before the expiration of the Contingency Period, Seller may terminate this Agreement. Upon termination pursuant to this Section, the Deposit and the Personalization Deposit shall be refunded to Buyer, except that portion attributable to Personalization selections already ordered by Seller.
7.3. Multiple Moves. If the Existing Property is sold or rented prior to Closing, Buyer may need to secure alternate housing and move multiple times. In no event will Seller be responsible for alternate housing, moving expensesor other costs incurred by Buyer.
8. HOMEOWNERSASSOCIATION. Seller will deliver to Buyer a copy of any declaration of covenants, conditions and restrictions, design guidelines, rules and regulations ("Covenants") affecting the Property and a copy of the Articles of Incorporation and Bylaws ("Articles and Bylaws") of all homeowners associations for the Subdivision, if any, before or at Closing, or as provided by law. Buyer agrees to complywith all of the terms, conditions, and obligations set forth in the Covenants and Articles and Bylaws, as they may be amendedfrom time totime, including the obligation to pay assessments, initial reserves, and working capital contributions. Some Covenants contain dispute resolution provisions requiring arbitration of disputes between homeowners and the builders of their homes. If the Covenants contain such dispute resolution provisions, and provided that the Covenants do not prohibit alternative dispute resolution procedures, Buyer and Seller agree to resolve disputes between them in accordance with the provisions of this Agreement and notthe dispute resolution provisions of the Covenants.
9, TITLE INSURANCE. Buyer and Seller agree the title insurance company and closing agent for the transaction ("Closing Agent") shall be as set forth in the Title Insurance and Closing
PURCHASE AGREEMENT ~ ARIZONA
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@ RICHVIOND ONT} HOMES Costs Addendum. On or before Closing, the designated title insurance companywill issue title insurance commitment to Buyer for review identifying recorded documents ("Title Commitment") which affect the title, ownership and use of the Property. The Closing Agent shall conduct the Closing in accordance with the Closing and escrow provisions of this Agreement and the Title Insurance and Closing Costs Addendum. Subsequent to Closing, Buyer shall receive a standard coverage title policy in a form promulgated by the American Land Title Association or California Land Title Association or such equivalent policy authorized by the state in which the Property is located ("Owner's Policy") insuring Buyer's ownership of the Property in the amountof the Total Purchase Price, subject to the exclusions and exceptions as referenced in the Title Commitment. The premium for the Owner's Policy shall be paid in accordance with the custom and practice in the applicable jurisdiction as provided in the Title Insurance and Closing Costs Addendum.
10. CONSTRUCTION.
10.4 Home Construction. Copies of the Plans approved by the applicable governing authority are available for inspection at Seller's office during normal business hours. Plans are copyrighted by and are the property of Seller, and copies will not be provided to Buyer.
Upon Buyer's request, and if available, Seller will provide any existing written report on the soil investigations, analyses and tests performed by an independentsoil engineerin the Subdivision in which the Property is located. Buyer accepts the soil conditions of the Property and foundation design and floor slabs and footings installed thereon without any expressed or implied warranties other than those contained in the Limited Warranty.
Buyer acknowledges that the Home, as selected by Buyer, may not fit within the Property boundaries in a manner that complies with the Covenants, or with governmental or quasi- governmental regulations. In such event, Buyer shail select alternate plans offered by Seller for the Lot or select an alternate lot if an alternate lot is available. If Buyer and Seller cannot agree on alternate plans, pricing, or other material matters related to the alternate selection, Buyer may terminate this Agreement, and the Deposit and the Personalization Deposit shall be refunded to Buyer.
Buyer agrees that the Home is not being built to the precise elevations, style, square footage, design or specifications of the Plans, or the specifications or design of any model homes or as shown in brochures, advertising and promotional media displayed by Seller which are for advertising and display purposes only. There are multiple methods available to calculate square footage and square footage estimates may vary based on the method. Any estimate by Seller of the square footage of the Property or the Home may not be exact andis not for Loan, valuation or other purposes.
Buyer agrees changes or substitutions in the construction of the Home may be made during construction as may be required by any governmental or quasi-governmental authorities or by the architectural committee of the homeowners association for the Subdivision, or as Seller may deem necessary, provided that in any such event, substitutions or changes are of comparable quality. Lot grades, lot areas, lot shape, building elevation and location, and the location of fences, utilities, walks, and driveways may be established and changedin Seller's sole discretion.
Seller is not acting as a contractor or agent for Buyer in the construction of the Home. Prior to Closing, Buyer shall have no right, title or interest in the Property, other than the right and obligation to purchase the Property in accordance with the terms of this Agreement. Seller may use one or more contractors, subcontractors and suppliers in the construction of the Home. These contractors are independent contractors of Seller, not agents of Seller. Buyer has no rights under any agreement between Seller and its contractors, subcontractors and suppliers.
10.2 Existing Natural Features. Seller reserves the right to remove any existing natural features, vegetation and trees on the Property as Seller in its sole discretion deems necessary to construct the Home. Seller shall not be responsible for any damage to existing natural features, trees or vegetation remaining following construction and makes no warranty or representation as to the survival of any existing trees or vegetation.
10.3 Surrounding Development. Buyer shall independently investigate the current and future uses of all property within, adjacent to, and nearby the Subdivision, and may not rely on any statements of Sales Associates, agents or brokers, or any brochures or displays in Seller's sales office about the use or character of any property. Buyer takes the Property subject to, and accepts the conditions of the property within, surrounding, adjacent to and nearby the Subdivision, and any state of facts which physical inspection of the Property and relevant public records would disclose, including withoutlimitation, public utility poles, railroad tracks, and electric powerlines. If Seller is a
PURCHASE AGREEMENT ~- ARIZONA
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@e RICHVIOND @ RICEM HOMES developer of the Subdivision, Seller reserves the right to develop the Subdivision according to Seller's plans, which may change from time to time. Seller has the right at any time, without notice, to elect in its sole discretion to (i) change the style, design, size, or price of homes that Seller maybuild, (ii) change the site features and amenities, site grades and drainage, (ili) cease construction and sale of homes within the Subdivision, or (iv) sell the land within the Subdivision. Seller may use any method of marketing to sell, lease or otherwise dispose of Seller's homes, including without limitation the use of incentives, concessions, price reductions, lot sales programs, bulk sales or other promotions and techniques.
11. INSULATION. Insulation is any material primarily used to slow down heat flow and may be mineral or organic, fibrous, cellular, reflective, synthetic or of other makeup. It may bein rigid, semi-rigid, flexible, loose or self-supported forms. Insulation for purposes of 16 CFR §460.16 does not include pipe insulation or any kind of duct insulation except for duct wrap. R-value means the resistance of insulation to heat flow; the higher the R-value, the greater the insulating power. The thickness of any insulation for any product rating or R-value is provided by the applicable insulation manufacturer and may vary from manufacturer to manufacturer and may vary depending on the type ofinsulation or the method of placement, but the product rating or R- value will be equivalent.
The Insulation Disclosure Addendum provided by Seller identifies the type, thickness and R-value of insulation installed or to be installed in the Home as required by 16 CFR §460.16. Where there is more than one value for each componentor location listed in any insulation Disclosure, the R-value listed will be the predominant value or the value covering the largest area. If any insulation for any componentor in any location has a type, R-value or thickness different from thatlisted in an Insulation Disclosure the Home shall be considered compliant if the total thermal performance of all components and locations provided is equivalent to or exceeds the total thermal performanceof all components and locations identified in the Insulation Disclosure.
Seller has not made its own independent determination of the R-value of any insulation and relies solely upon the R-value data provided to it by the applicable insulation manufacturer and/or installer. Seller reserves the right to substitute a different type of insulation, insulation of a different thickness and/or insulation with a different R-value for any componentor at any location in the Home from that identified in the Insulation Disclosure, and Seller will provide Buyer with an updated insulation disclosure setting forth the type, thickness, and R-value of the substitute insulation that has been or will be installed for any componentor location in the Home as soon as reasonably practical after the information is made available to Seller ("Amended Insulation Disclosure"). The Amended Insulation Disclosure may be in the form of a certificate posted in the Home. Seller may offer different or additional insulation as an On-Site Option or a Home Gallery Selection. If Buyer selects additional or different insulation it may vary from the insulation type, R-value or thickness identified in the Insulation Disclosure, but will later be set forth in an Amended Insulation Disclosure.
12, COMMENCEMENT AND COMPLETION OF CONSTRUCTION.
12.1 Commencement. Seller retains sole discretion as to the time for the commencement and continuation of construction on the Property, but, subject to Delays (defined below), Seller is obligated to Complete the Home within two years from the date that Buyer executes this Agreement and delivers the executed Agreement to Seller (‘Home Completion Deadline"). Seller intends its obligation to complete construction of the Home to comply with the requirements for an exemption set forth in 15 USC §1702(a)(2) of the Interstate Land Sales Full Disclosure Act ("ILSA Exemption"). Seller may choose not to commence or continue construction on the Property until Buyer has obtained a Loan Commitment or until Buyer has finalized its Personalization, provided Seller meets the Home Completion Deadline.
12.2 Delays. If Seller is unable to complete construction of the Home by the Home Completion Deadline, Seller shall have such additional time for completion of construction as Seller has been delayed because of acts of God, impossibility for reasons outside of Seller's control, war, civil disorder, acts of terrorism, the failure of Buyer to make timely decisions relating to construction of the Home required by this Agreement and other causes of a similar nature relating to construction of the Home that are outside Seller's control (“Delays”) if such causes are recognized as legitimate defenses to contractual obligations ("Contractual Defenses") under the laws of the state and federal jurisdiction where the Property is located and do not render the obligations of Seller illusory. If there is an ambiguity regarding whether or not there are Delays, the ambiguity shall be viewedin a light most favorable to Buyer and imposing an obligation on Seller, it being the intention of Seller and Buyer that the provisions of this Agreement shall be construed in a manner consistent with this Agreementsatisfying the ILSA Exemption. Delays are not a default by Seller under this Agreement, and Seller shall not be liable to Buyer in any respect for any damages, losses, liability, claims, costs, or fees, including without limitation attorneys’ fees, arising out of or relating to any Delays.
PURCHASE AGREEMENT~ ARIZONA,
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i)RICHVIOND \O4AMERICAN HOMES
412.3 Completion. The date on which final certificate of occupancy, a temporary certificate of occupancy, or a final inspection and approval for occupancy is issued by the appropriate governing authority ("Certificate of Occupancy") allowing the Home to be lawiully occupied, shall be deemed the date on which Seller has completed construction for purposes of this Agreement ("Complete or "Completion"). Buyer acknowledges that, except for the Home Completion Deadline, Seller makes no representation or warranty as to the actual date for Completion and any arrangements made by Buyer for move-in or occupancy of the Home shall be at the sole risk of Buyer.
12.4 Inability to ConveyTitle. If Seller is unable to convey title, the Closing Date shall be extended up to forty-five days. When Seller is able to convey the title, Seller shail notify Buyer and the parties shall proceed to Closing within five days after such notice is provided to Buyer. If Seller does not obtain the title, Buyer may terminate this Agreement by giving written notice to Seller. Upon such termination, if Buyer is not in default, the Deposit and the Personalization Deposit shall be refunded to Buyer and Seller shall be released from all liability for any damages by reason ofits failure to close.
43. BUYER'S ACTIONS BEFORE CLOSING; DAMAGES OR INJURY. Buyer shall be accompanied by an authorized representative of Seller when entering the Property. Buyer assumes all risks and waives all claims against Seller for injury or loss resulting from or in connection with any inspection or entry on the Property by Buyer, Buyer's agents, or Buyer's invitees, and Seller shall not be responsible or liable in any way for any damage or injury to person or property resulting from such inspection or entry. Buyer shall indemnify, defend and hold Seller harmless from and against anyliability or loss arising out of or in connection with any such entry. Prior to Closing, Buyer shall not perform any work on or supply any materials to the Property. Buyer shall not issue any instruction to or otherwise interfere with Seller's contractors, subcontractors, or suppliers. Buyer shall not occupy the Property, or deliver any personal possessionsincluding furnishings to the Property prior to Closing.
14. RISK OF LOSS.Seller shall bear the risk of loss, injury or damage to the Property caused by fire or other casualty prior to Closing, except for damage doneor caused by Buyer, Buyer's agents, or Buyer's invitees (other than the authorized representatives of Seller), or any individual entering the Property at Buyer's direction, for which Buyer shail be solely responsible. All risk of loss shall pass to Buyerat Closing.
15, NOTICE OF COMPLETION AND GUIDED TOUR ORIENTATION.
45.1. Guided Tour Orientation. Seller shall notify Buyer of Completion of the Home ("Notice of Completion") and schedule a time and date for Buyer and Seller to perform a walk-through inspection of the Property and for Buyer's homeowner orientation ("Guided Tour Orientation”). The purposes of the Guided Tour Orientation are to demonstrate the Home and identify items that are to be addressed. The Guided Tour Orientation is to be performed by Buyer and Seller. An inspection by a third-party, such as a home inspector engaged by Buyer to inspect the Property, may be performed in accordance with the Third-Party Inspection Section of this Agreement.
15.2 Guided Tour Item List. At the Guided Tour Orientation, Buyer and Seller will agree upon those items that need to be completed or corrected because they are not in substantial accordance with the requirements of this Agreement and the expressed standards of the Limited Warranty ("Guided Tour Item List"). Seller shall have no obligation to make repairs or corrections not otherwise required by this Agreement or the Limited Warranty. Execution of the Guided Tour Item List by Buyer shall evidence Buyer's acceptance of the Home subject to the Guided Tour Item List and the Limited Warranty. The existence of Guided Tour Item List items or other non-structural construction imperfections shall not render the Home incomplete, or entitle Buyerto terminate this Agreement, withhold or escrow funds at Closing, or delay the Closing, as long as a Certificate of Occupancy has been issued for the Property. The items in the Guided Tour Item List will be completed or corrected prior to or within a reasonable time after Closing. Following two days’ advance notice from Seller, Buyer will provide Seller with access to the Home after Closing during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p. m.) for purposes of completing the Guided Tour Item List and Limited Warranty items. If the Home is Complete and Buyer does not agreeto the itemsto be included in the Guided Tour Item List, Seller, in its sole discretion, may by written notice to Buyer terminate this Agreement or may postpone Closing and seek to resolve the dispute through the mediation and arbitration provisions of this Agreement. If Seller terminates the Agreement underthis Section, the Deposit and the Personalization Deposit shall be retained by Seller as Liquidated Damages, and both parties shall be relieved of further obligations under this Agreement. !f Buyer fails to attend the
PURCHASE AGREEMENT- ARIZONA
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@ RICHVIOND RICEHM HOMES Guided Tour Orientation, then Buyer shall be deemed to have accepted the Property in its "as is" condition at Closing, subject only to the Limited Warranty.
15.3. Post Closing Escrow. If applicable law or Lender requires an escrow for the completion of the outstanding items in the Guided Tour Item List, then Seller may (i) elect to postpone Closing until such items have been corrected, or (ii) create an escrow with the Lender, title insurance company or Closing Agent, and deposit the amount determined by Seller or Lender to represent the reasonable cost, or, if required by applicable law, the fair market value of completing the outstanding items. Lender's election to require an escrow will not modify or alter the definition of Completion as provided in this Agreement.
16. THIRD-PARTY INSPECTION. If Buyer desires to have a third-party inspect the Property before Closing, Buyer shail give Seller the completed "Request for Entry” provided by Seller. Any such inspection shall be scheduled by Seller. Seller may require the third-party to sign an entry permit provided by Seller before entering the Property. Seller's consent to such an inspection may be conditioned upon receipt of evidence that the third-party has licenses and insurance coverage acceptable to Seller. Buyer will provide Seller with a full, correct copy ofall reports prepared by the inspector. Buyer agrees that any such inspection is solely for Buyer's own information and that, except as may be required by applicable law, Seller will not be obligated to correct any conditions noted by any third-party requested or directed by Buyer to inspect the Property. The only corrections that will be made will be those listed in the Guided Tour Item List and as required pursuant to the Limited Warranty.
17. BUYER REPRESENTATIONS.
17.1 Occupancy. Buyer represents that it is not purchasing the Home as an investment property and agrees to occupy the Home as Buyer's principal residence or as a second home.
17.2 OFAC. Buyer represents and warrants, under penalty of law, that neither Buyer nor any personsor entities holding any legal or beneficial interest whatsoever in Buyer in the event Buyer is not an individual ("Buyer Parties") are (i) the target of any sanctions program established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury ("OFAC"); (ii) designated by the President pursuant to the Trading with the EnemyAct, 50 U.S.C. 4301, et seq., the International Emergency Economic Powers Act, U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56, or Executive Order 13224 (September 23, 2001); or (iii) named in the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons" ("SDN List"), Upon execution of this Agreement, Buyer gives Seller and its representatives permission to search the SDN List for inclusion of the name of Buyer and Buyer Parties. Additional personal information may be required in order to accurately determine if Buyer or Buyer Parties are the names included on the SDN List and Buyer agrees to provide such additional information. In the event the name of Buyer or Buyer Parties is included on the SDN List, Buyer shall be in default and Seller may terminate this Agreementin accordance with the terms of Section 24.1.1.1 below.
18. CLOSING.
18.1 Closing Date. When determined, Seller will give Buyer notice ("Closing Notice") of the date, and, if applicable, hour and place of Closing at which Seiler will deliver title and possession of the Property ("Closing Date"). Buyer shall take all necessary steps to be prepared for Closing on the Closing Date. "Closing" is defined as delivery oftitle to the Property to Buyer and disbursement of the Total Purchase Price to Seller, subject to closing costs and adjustments. Buyer agrees that until the Closing Notice is provided, any dates discussed for Closing are estimates subject to change and mayvary widely.
18.2 Tax Protests. Seller reserves the right, in its sole discretion, to seek tax reductions for the Property for any period prior to the Closing Date, and Buyer shall not be entitled to any refunds resulting from Seller's actions. Buyer assigns to Seller any andall right, title or interest Buyer may havein and fo all tax and assessment protest actions and claims to seek tax reductions for the Property, and rights to prosecute same, for any period prior to the Closing Date, and all of Buyer's right,title and interest, if any, in and to all tax and assessment refunds or rebates now or hereafter payable for any period prior to the Closing Date. Buyer, at no costtoitself, agrees to cooperate with Seller by executing all documents requested by Seller or the appropriate governing authority to facilitate Seller's prosecution of tax and assessment protest actions and claims.
18.3 Late Closing Charge. If Buyer fails to close on the Closing Date, Seller may, in its sole discretion, charge Buyer a late charge equal to one and one half percent (1.5%) of the Total
PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D1-0735-460E-AA5D-9468DF8AB343
€® RICHVIOND @RICTM HOMES Purchase Price for each month, prorated per day after the Closing Date until the date Closing has been completed ("Late Closing Charge"). Seller's decision to charge a Late Closing Charge shall not be construed as a waiver by Seller of any other remedies Seller may have underthis Agreement. Buyer agrees to pay the Late Closing Charge at Closing.
19. CONVEYANCE. Subject to paymentof the Total Purchase Price and compliance with the other terms and conditions of this Agreement by Buyer for the Closing, Seller shall convey or cause the conveyanceof fee simple title to the Property, free and clear of all monetary liens evidencing debt of the Seller and encumbrances, except those matters listed on Schedule B of the title commitment provided to Buyer, and the following: (i) general taxes, assessments and fees for the fiscal year of Closing and all subsequent years’ taxes, assessments, and fees; (ii) easements and rights of way (actual and recorded); (iii) covenants, conditions, reservations and restrictions of record; (iv) any state of facts which an accurate survey or current physical inspection of the Property would disclose; (v) inclusion in a special improvementdistrict, fire protection district, recreation and park district, water and sanitation district or other applicable district in a municipality providing these or other services; and (vi) any items recorded at the Closing. The surface estate of the Property may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties or Seller may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer is advised to timely consult legal counsel with respectto all such matters. Possession of the Property, including possession of the keys, shall remain exclusively in Seller until the Total Purchase Price has been paid and Closing has been completed.
20. POST CLOSING.
20.1 Utilities. Within three days after the Closing, Buyer agrees to contactall utility providers for the Property and arrange for service to be changedfrom Seller's name. Seller shall pay utility service costs to the Closing Date and Buyer shall pay the costfor all utilities to the Property on and after the Closing Date, including penalties and delinquencies related to Buyer's failure to timely change service from Seller's name. If Buyer fails to timely change the responsible party, Seller may contacttheutility provider to have the utilities changed to Buyer's nameor,if a utility provider is unwilling to do so without Buyer's consent and Buyer refuses to provide such consent, to have the applicable utility service disconnected. Buyer acknowledgesthat there may be delays in obtaining certain services or certain services may not be available to the Property, such as telephone, cable TV, and/orinternet services.
20.2 Landscaping, Drainage and Grading. Except as otherwise provided in this Agreement Buyer is responsible for installation of landscaping on the Property. Whether or -not Seller installs landscaping, Buyer should review, and is solely responsible for, the homeowners association Covenants for landscaping time requirements and design criteria ("Landscaping Requirements"). Landscaping installed by Seller may not satisfy the Landscaping Requirements. Seller has graded or will grade the lot to drain in general accordance with the grading and drainage plans approved by the applicable governing authority or as depicted in the grading and drainage certificate for the Property. Any change in the surface grades, drainage or surface materials on any portion of the Property, including withoutlimitation the addition of hardscape surfaces or landscaping, or installation of pools or spas can alter surface drainage or groundwater patterns and mayresult in, at any locations on or below the Property, flooding or ponding, perched, elevated or changed water table, or increased soils moisture. Changes in grading and drainage may adversely affect subsurface or surface conditions and may result in loss or damage to the Property or the property of others and may adversely affect Buyer's coverage under the Limited Warranty. Buyer is advised to retain appropriate professionals to assist with design and installation of landscaping and other improvements. After Closing, Buyer agrees to comply with all homeowners association Covenants and governmental laws, rules and regulations regarding landscaping and stormwater management. Buyer agrees to maintain existing grading and drainage and existing stormwater and erosion control devices on the Property in good condition. Buyer assumesall risks associated with changesto the grading or drainage and for landscaping or improvements that Buyer makesto the Property.
20.3 Utility Locations, Fencing and Future Construction. Buyer agrees that(i) the location of utility lines and improvements, such as junction boxes, transformers or pedestals, may vary from the Subdivision plans; (ii) the location of postal boxes may be determined by the US Post Office and may not be subject to change; (iii) fences may encroach on either side of actual Property lines; (iv) fencing may be owned or maintained bythird parties; (v) fences or walls constructed on the Property may be for privacy or landscaping only and not for structural purposes; and (vi) the character and the use of the property surrounding and in the vicinity of the Subdivision may change. Seller will have noliability for the consequencesif Buyer attempts to use any fenceor wall
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@ RICHVIOND WIN) HOMES
for any purpose notintended by Seller.
20.4 Community Improvements. At the time of Closing, other homes, improvements and streets in the community may not be complete. Buyer can expect certain inconveniences such as construction traffic, noise, dust, debris and congestion until the community is completed. Buyer releases Seller from all responsibility, obligation or liability for the occurrence of such inconveniences. For so long as property is being developed within the community in which the Property is located, Seller may grant and convey easements and rights of way as required by any developers, governmental authorities, utility providers or homeowners associations, or as Seller in its sole discretion deems necessary for the efficient and orderly development of the community. Buyer agrees to execute easements and rights-of-way affecting the Property as may be so required without compensation in connection with the development of the community. Seller and its subcontractors, consultants and suppliers shall have the right to enter the Property in connection with construction of improvements on any adjacent property as may be necessary or desirable in Seller's sole discretion. Seller will restore the Property to its original condition immediately prior to entry if Seller's entry results in damage to the Property. The provisions of this Section shall survive conveyanceoftitle to the Property by Buyer.
21. ENVIRONMENTAL
21.1 Radon. See attached Radon Program Addendum.
21.2 Indoor Environmental Quality. See attached Indoor Environmental Quality Disclosure Addendum.
21.3. Mold. See attached Mold Disclosure Addendum.
21.4 Limitation of Liability. Seller makes no representations or warranties, expressed or implied, about the existing or future environmental conditions of the Property. Seller expressly disclaimsliability for and Buyer expressly waivesall claims for property and/or personal injury or other economic loss resulting from environmental conditions, including without limitation radon, mold, fungus, asbestos, formaldehyde and indoor air quality.
22. ENERGY FEATURES. Thedisclosures provided in the attached Energy Wise Program Home Disclosure Addendum or the attached Energy Star Qualified Home Disclosures Addendum, as applicable, are incorporated into this Agreement.
23. REPRESENTATIONS AND WARRANTY.
23.1 Limited Warranty. Seller has constructed or will construct the Home in substantial conformance with the expressed standards of the Residential Warranty Corporation or other comparable warranty company selected by Seller ("Warranty Provider"). At or promptly after Closing, Seller will enroll the Home in a warranty program selected by Seller and offered by the Warranty Provider ("Limited Warranty") and will pay all requisite fees and premiums for enrollment. Buyer will be responsible for all deductibles and fees payable after Closing under the terms of the Limited Warranty. Buyer acknowledges receipt of a specimen copy of the Limited Warranty specifying the terms, conditions, exclusions, limitations and scope of the Limited Warranty to be provided to Buyer and the procedures for asserting a claim under the Limited Warranty. Seller shall have no responsibility to enforce performance by the Warranty Provider and shall have no liability with respect to the Warranty Provider's non-performance. Buyer agrees to sign at Closing any documents that are required for the issuance of the Limited Warranty.
23.2 Except for the representations and warranties expressly set forth in this Agreement and the Limited Warranty, and except as expressly required by applicable law, Seller is not providing any other warranties or guarantees, whether expressed or implied, including withoutlimitation any warranties of merchantability, habitability or fitness for a particular purpose, serviceability or useful life.
23.3. Buyer Responsibility. The Limited Warranty may not provide coverage for, Buyer shall be solely responsible for, and Seller shall have no liability for, damages from the negligent, inadequate or improper care or maintenance, or careless acts of Buyer or its assigns, or damages caused by overwatering or alterations made to the Property by Buyer.
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@5 RICHVIOND oI} HOMES 23.4 Consumer Products. With respect to all fixtures, appliances, and equipment installed in the Home, Seller shall assign to Buyer at Closing any applicable manufacturer's or supplier's warranties to the extent they may be assigned by Seller. Neither Seller nor Warranty Provider independently warrant any such items or any other personal property installed or located at the Property.
23.5 VA and FHA Warranty. Notwithstanding any contrary provision in this Agreement, if Buyer is obtaining VA guaranteed or FHA insured financing, Seller agrees to provide the standard VA or FHA "Warranty of Completion of Construction” to Buyer.
24, DEFAULT AND REMEDIES.
24.1 By Buyer.
24.1.1 Buyer will be in default under this Agreement if Buyer: (i) advises Seller in writing or orally that Buyer does notintend to or will not fully perform anyofits obligations under this Agreement; (li) fails to fully perform any provision of this Agreement; (iii) breaches any representations or warranties in this Agreement; or(iv) fails to close. If Buyer is in default prior to Closing, Seller may:
24.1.1.1 Terminate this Agreement, in which case the Deposit, the Personalization Deposit, and all other amounts paid by Buyer to Seller shall be paid to Seller as a reasonable estimate of Seller's damages and not as a penalty ("Liquidated Damages"). The amountof Liquidated Damagesis intended as a reasonable estimation of Seller's actual damages resulting from a breach by Buyer due to the difficulty and uncertainty in ascertaining, as of the date of this Agreement, the actual damages Seller may suffer from such a breach, which damageswill include, without limitation, the cost of administering this Agreement and the cost to take the Home off the market while this Agreement remains in effect. Except as otherwise required by the laws, rules and regulations of the state in which the Property is located (see attached Default and Remedies Addendum, if applicable), if any portion of the Deposit or Personalization Deposit are held in escrow, Closing Agent shall, immediately upon receipt of notice from Seller of Buyer's default and without any further consent required from Buyer, deliver all amounts held in escrow to Seller; or
24,.1.1.2 Extend the Closing for a specified period and, unless late fees are prohibited due to VA guaranteed or FHAinsured financing, Buyer shall pay to Seller at Closing, in addition to and not in lieu of all other amounts due from Buyer under this Agreement, a Late Closing Charge as described in the Closing Section. If Seller agrees to extend the Closing Date, Seller has no obligation to continue to extend the Closing Date, and may terminate this Agreement in accordance with the subsection immediately above upon the expiration of any extended Closing Date.
24.1.2 If Buyer is in default after Closing Seller shalt have all remedies at law or in equity.
24.2 By Seller.
24.2.1 If, prior to Closing, Seller fails to comply substantially with the terms and conditions of this Agreement, and if Buyer has complied with all of Buyer's obligations hereunder, Buyer may deliver to Seller a written notice detailing the default of Seller. Seller shall have twenty days from the receipt of such notice to cure the default, except that if the required performance cannot reasonably be completed by Seller within twenty days, then Seller shall have a reasonable time to cure the default and the Closing Date shall be extended for such period of time. No notice or cure period shall be required if Seller has failed to complete the Home by the Home Completion Deadline. If Seller has not cured the default within the time frame provided above, unless the laws, rules and regulations of the state in which the Property is located define Buyer's remedies (see attached Default and Remedies Addendum, if applicable), Buyer's sole remedy for Seller's default, prior to Closing, shall be to terminate this Agreement, in which event the Deposit and the Personalization Deposit shall be refunded to Buyer. Following termination by Buyer and the refund by Seller of the Deposit and Personalization Deposit, each party shall be relieved of any further obligations or liabilities under this Agreement.
Notwithstanding the foregoing, if Seller fails to Complete the Home by the Home Completion Deadline, provided Buyer is not then in default as to any of Buyer's obligations under this Agreement, Buyer shall have all remedies at law or in equity as a result of such failure of Completion.
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@ RICHVIOND CRIN INA HOMES It is the parties’ expressedintent that the parties’ rights and obligations under this Agreement be construed in the manner necessary to exempt and exclude this Agreement and the sale of the Property from registration underthe Interstate Land Sales Full Disclosure Act, and both parties expressly waive any right or provision of this Agreement that would otherwise preclude such exemption or exception.
24.2.2 If, after Closing, Seller fails to comply substantially with the terms and conditions of this Agreement, and if Buyer has complied with all of Buyer's obligations hereunder, Buyer may deliver to Seller a written notice detailing the default of Seller. Seller shall have twenty days from the receipt of such notice to cure the default, except that if the required performance cannot reasonably be completed by Seller within twenty days, then Seller shall have a reasonable time to cure the default.
24.3 Limitation of Seller's Liability. Unless Seller fails to Complete the Home by the Home Completion Deadline, to the fullest extent permitted by applicable law, Buyer expressly waives any right to collect from Seller compensatory, special, indirect, consequential, incidental, punitive or speculative damages, including withoutlimitation any damages based on a claimed diminution in the value of the Home or loss of benefit of the bargain. To the fullest extent permitted by applicable law, no action, regardless of form, including arbitration, arising under this Agreement may be brought by Buyer more than one year after the cause of action accrues.
25. NOTICE. Any notice required to be givenin writing under this Agreement or any demands by any party shall be delivered or be sent to the address provided on the first page of this Agreement by: (i) United States Postal Service, postage prepaid, certified mail, return receipt requested, (ii) nationally known overnight delivery service, (iii) commercial delivery service. Unless otherwise stated in this Agreement, all written notices shall be deerned to have been given and received upon delivery to the appropriate address as evidenced by the executed return receipt of the U.S. Postal Service, or by the records of the delivery service or overnight courier attempting such delivery. Any nameor address for notice may be changed by notice given to the other party in accordance with this Section. The inability to deliver a notice because of a changed address of which no notice was given, orthe rejection or otherrefusal to accept any notice, shall be deemed to be the receiptof the notice as of the date of suchinability to deliver or rejection or refusal to accept.
26. PRIVACY POLICY. Buyer acknowledgesreceipt of Seller's Privacy Policy Brochure.
27. MISCELLANEOUS.
27.1 Seller's Sales Associates do not represent Buyer as Buyer's agent in this transaction, are not authorized representatives of Seller for purposes of this Agreement, and may or may not be licensed real estate professionals as required by the laws of the state in which the Property is located.
27.2 The captions used in this Agreement are for reference only and have no effect on this Agreement or the terms and conditions contained in this Agreement. As used in this Agreement the singular shall include the plural and the masculine shall include the feminine and neuter genders as appropriate. :
27.3 All referencesin this Agreement to "days" are to calendar days unless otherwiseindicated.
27.4 Buyer shall not record this Agreement. Any recordation of this Agreement shall be a default under this Agreement, and at Seller's option in Seller's sole discretion, shall render this Agreementvoid.
27.5 Time is of the essence, and accordingly each payment, condition or covenant must be made, performed or satisfied when required in this Agreement.
27.6 No Sales Associate, broker, agent, subcontractor, supplier or employee of Seller has the authority to make any oral representation or agreement upon which Buyer mayrely to terminate, change or modify any portion of this Agreement. This Agreement may only be amended or modified by a written instrument executed by Buyer and an authorized representative of Seller. Email messages between the parties or their agents or representatives shall not amend, modify or otherwise alter this Agreement. No waiver underthis Agreementshall be effective unless in writing signed by the party against whom enforcement of the waiver is sought, and if this party is the Seller, by an authorized representative of Seller. The written waiver of any breach of any provision of this Agreement shall not constitute a waiver of a future breach of any provision of this
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@® RICHVIOND @&)RICTM HOMES Agreement. No agreement, statement, warranty, guaranty, representation or promise made by any person which is not contained in this Agreement shall be valid or binding on Seller, even if made by a representative of Seller.
27.7 This Agreement shall be governed by and construed in accordance with the laws of the State in which the Property is located.
27.8 This Agreement shall be construed in accordance with its plain meaning and the provisions of this Agreement shall not be strictly construed for or against any of the parties to this Agreement.
27.9 This Agreementis personal to Buyer and shall not be assigned by Buyer without the prior written consent of Seller, which consent may be withheld by Seller in Seller's sole discretion. If Seller consents to an assignment, Buyer, Seller and assignee shall execute an assignment in a form acceptable to Seller binding the assigneeto all terms and conditions of this Agreement and assigning all Deposits and Personalization Deposits to assignee. Any purported assignment of this Agreement by Buyer without Seller's written consent shall be a default under this Agreement, and at Seller's option, in Seller's sole discretion, shall render this Agreement and/or the assignmentvoid. If any person whois not a party to this Agreement accepistitle to the Property at Closing, such person shall be deemed bound by all the terms and conditions of this Agreement.
27.10 If any provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall be unaffected and shall be valid and enforceable to the fullest extent permitted by applicable law.
27.11 If Buyer consists of more than one person or entity, then all such persons and entities shall be jointly and severally liable for the performanceofall obligations of Buyer hereunder.
27.12 The indemnities, waivers and remedies contained in this Agreement shall survive the Closing or the expiration or termination of this Agreement.
27.13 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall constitute one and the same Agreement.
27.14 This Agreementis a legally binding contract. If not fully understood, please seek competent legal advice.
28. STATE SPECIFIC SECTION - ARIZONA,
28.1 Construction of Improvements by Builder. Seller has entered into a separate agreement with its affiliated company, Richmond American Construction, Inc. ("Builder") whereby Builder has agreed to construct the Home on the Property on behalf of and for the account of Seller. The construction contract between Seller and Builder is separate and distinct from this Agreement and Buyer shail have no rights or obligations under such construction contract and is not a third party or other beneficiary thereunder. Buyer is purchasing the Property from Seller. Buyer's only obligations, rights and remedies exist under this Agreement with respect to Seller. Builder is obligated to Seller to construct the Home in compliance with applicable requirements of FHA and VA governmental regulations. Builder shall construct the Home in substantial conformance with the requirements of the Arizona Registrar of Contractors, and this Agreement.
28.2 Community Notification Laws (A.R.S. § 13-3825). The Community Notification of Sex Offenders Law directs the local law enforcement agency for a community to notify the community of release or relocation of a registered sex offender to the community according to guidelines established by the community notification guidelines committee. Buyer should check with the information officer of the local law enforcement agency, or, if none, the local sheriff for any notices issued under this law, or may search the registered sex offender database on www.azsexoffender. org, a website maintained pursuant to A.R.S. § 13-3827.
28.3 Post-Tension Slab Construction. Post-tensioned slab construction is intended to respond to movement of underlying soils and to reduce concrete cracking, and movement of the post- tensioned slab and concrete cracking should be expected. Non-structural damage for which no warranty is provided may occur as a result of the movement or cracking. Additionally, steel cable reinforcing incorporated into the post-tensioned slab construction is under tension and mayfail or snap. Alternative foundation construction methods exist which may have benefits that post- tensioned slab construction may not offer. These alternative methods of foundation construction are not available in this Home. Seller expressly disclaims liability for and Buyer expressly waives all claims, other than those contained in the Limited Warranty, concerning the use of post-tensioned
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& N RICHVIOND OAAMERICAN HOMES slab construction.
28.4 Special Warranty Deed. Fee simple title to the Property will be conveyed by special warranty deed.
29. ADDENDA. The following checked Addenda are attached hereto and incorporated in this Agreementbythis reference and made a part of this Agreement. By signing this Agreement Buyer acknowledgesreceiving a copy of each of the documents and disclosures checked below. ADDENDA(Buyer Signature Required):
Xx SyatedBusiness ArrangementDisclosure Xx Alternative Dispute Resclution
x Job Initiation Order or Change Order Alternative Financing
Hung Sewer Cash Purchase Promotion Addendum
Pool Home Review Contingency
Well and/or Septic System Maintenance Model Home
Miscellaneous Addendum Propane
Lot Ownership Disclosure xX Brokerage Commission Agreement
State Specific Addenda- Arizona: (Buyer Signature Required) x Deposit Disclosure x Title Insurance and Closing Costs Affirmation or Cancellation of Purchase Amended Public Report Receipt Agreement Conditional Sale Promotion x Public Report Receipt Rounty.Community or Subdivision Specific
Acknowledgment/Acceptance of Declaration of x Contractor Notice x Covenants, Conditions, Restrictions
ADDENDA(Buyer Signature Not Required): Energy Star Qualified Home Disclosures »4 RESNETDisclosure (not system generated)
x Energy Wise Program Home Disclosure xX insulation Disclosure (not system generated)
x indoor Environmental Quality Disclosure Xx Privacy Policy Brochure
x Mold Disclosure x Warranty Specimen (not system generated)
Xx Radon Program Proximity to Airport
Select one ofthe following (only required in California, Colorado and Washington): Disclosure Post-Tensioned Slab on Ground Disclosure Slab-on-Ground/Crawl Space (CO only) (CA & CO only) Disclosure Structural Floor/Subfloor Crawl Space , (WA only) Disclosure Slab on Ground (CA only) Disclosure Structural Floor/Subfloor Crawl Space (CO only)
30. RECEIPT. This Agreement constitutes an offer by Buyer to buy and shall not be binding upon Selleruntil ratified by Seller's authorized representative by signature below. The signature of the Sales Associate is solely to acknowledge the receipt of this Agreement, the Deposit, and the Personalization Deposit, if applicable, from Buyer, and does not constitute Seller's acceptance of this Agreement.
31. ENTIRE AGREEMENT. This Agreement and the addenda identified in the Addenda Section above constitute the entire Agreement between Buyer and Seller. To induce Seller to accept this Agreement, Buyer acknowledges that: (i) there are no understandings, representations, warranties or promises of any kind that have been made to induce the execution of this Agreement, except as set forth in writing in this Agreement; (ii) this Agreement sets forth in full the entire Agreement between the parties; and (iif) Buyer has not relied on any oral agreement, statement, representation, or other promise that is not expressed in writing in this Agreement. This Agreement supersedes anyand ail prior understandings and agreements.
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@@ RICHVIOND OS HOMES
IN ACCORDANCE WITH ARIZONA ADMINISTRATIVE CODE (R4-28-803A): THE DEVELOPER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF THE PUBLIC REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT.
BUYER(S): Offer received: DocuSigned by: DoeuSigned by:
fra. Marise November 22, 2 2a Tapia. November 19, 2021 HaWorieet Date ‘Representane Date Sales Associate License Number(if applicable):
Date Acceptance:
Date Seller accepts the above offer to purchase and the effective date of this Agreement ("Agreement Date") is November 24 20 24
Seller:
Richmond American Homesof Arizona, Inc., a Delaware Col torpigned by: Attachments: Staci Loursty
Y ASTRRTEPEEGccontative @ Name: Staci Foerster
(SS 24, 2021 Se 11/24/2021 PORebTBSEAS4... Date
This Agreementis executed by Richmond American Construction, Inc. ("Builder") {ROC206612) for the purpose of Builder’s acknowledgement of and agreementto the Alternative Dispute Resolution provisions of this Agreement. Richmond American Construction, Inc.
By: Closing Manager
Name: staci Foerster Date: 11-24-21
PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 ~15:40 PM. DocuSign Envelope ID: 892E33D1-0735-460E-AASD-9468DF8AB343
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INDEX OF DEFINITIONS
Agreement Paragraph 1 AHI Section 6 AHT Section 6 Amended Insulation Disclosure Section 11 Appraisal Fee Section 4 Appraised Value Section 4 Articles and Bylaws Section 8 BasePrice Section 2 Buyer Paragraph 1 Certificate of Occupancy Section 12 Change Order Section 2 Closing Section 18 Closing Agent Section 9 Closing Date Section 18 Closing Notice Section 18 Complete and Completion Section 12 Contingency Period Section 12 Contractual Defenses Section 12 Covenants Section 8 Defaults and Remedies Section 24 Delays Section 12 Deposit Section 3 Existing Property Section 7 Existing Property Contingency Section 7 FHA Section 5 Final Purchase Price Acknowledgment Section 2 Financing Condition Section 6 Guided Tour Orientation Section 15 Guided Tour Item List Section 15 Home Section 1 HomeAmerican Section 6 Home Completion Deadline Section 12 Home Gallery Selections Section 5 ILSA Exemption : Section 12 Job Initiation Order Section 2 Landscaping Requirements Section 20 Late Closing Charge Section 18 Lender Section 6 Limited Warranty Section 23 Liquidated Damages Section 24 Loan Section 6 Loan Commitment Section 6 Loan Commitment Date Section 6 Lot Premium Section 2 MLS Section 7 Notice of Completion Section 15 On-Site Options Section 5 Owner's Policy Section 9 Personalization Section 5 Personalization Deposit Section 3 Plans Section 1 Processing Fee Section 4 Property Section 1 Reprocessing Fees Section 4 RESPA Section 6 Seller Paragraph 1 Subdivision Section 1 Title Commitment Section 9 Total Purchase Price Section 2 VA Section 3 Warranty Provider Section 23
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@ RICHVIOND YOGRMERICAN ROMES
ADDENDUM TO PURCHASE AGREEMENT
Affiliated Business Arrangement Disclosure Statement
Notice BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
From: Richmond American Homesof Arizona, Inc. ("Seller")
This is to give you notice that Seller has business relationships with M.D.C. Holdings, inc. ("MDC"), HomeAmerican Mortgage Corporation ("HomeAmerican"), American Home Insurance Agency, Inc. (known as AHI Insurance Agencyin California) ("American Home Insurance”) and American Home Title and Escrow Company("American Home Title").
Seller, HomeAmerican, American Home Insurance and American Home Title are wholly- owned subsidiaries of MDC. Because of these relationships, this referral may provide Seller a financial or other benefit.
Set forth below are the estimated charges or range of charges by HomeAmerican, American Home Insurance and American HomeTitle for the settlement services listed. You are NOT required to use HomeAmerican, American Home Insurance or American Home Title as a condition for the purchase of the Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
HomeAmerican - loan origination, underwriting, processing and closing services:
HomeAmerican's customary fees for the above-referenced services are paid directly to HomeAmerican and range from $0 to $550 per service. HomeAmerican may also charge discount points which fluctuate daily depending on market conditions. HomeAmerican will provide you with a Loan Estimate whichwill detail the estimated fees and costs payable for loan settlement.
American Home Insurance - homeowners and other insurance services:
American Home Insurance's customary premium charge for hazard insurance ranges from $300 to $1,400 annually depending on the location, estimated cost to replace your home, and additional riders selected for home insurance coverage. Premiums for flood insurance coverage range from $300 to $2,000 annually and premiums for earthquake insurance coverage range from $300 to $1,800 annually. Other insurance products, including by way of example only, automobile insurance, may be available through American Home Insurance for additional fees.
A financial score may be obtained in order to price certain insurance products where permitted by state law. This type of scoring employs a formula designed to objectively price the insurance risk and is one of many underwriting factors used to predict the likelihood of future losses.
American Home Title - title insurance (only in Colorado, Florida, Nevada, Maryland, and Virginia):
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
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RICHVIOND @) RICTM HOMES
Title insurance rates vary greatly from state to state and, in some states, by county. American HomeTitle's customary premium charge for a simultaneously issued standard lender's policy ranges from $50 to $2,050, depending on the county or state within which the property is located and the amountof the insured loan. A standard lender's policy does not include endorsements for mechanic's liens, environmental liens, planned unit development matters, or similar comprehensive coverage that may be requested by the lender. These endorsements may require the payment of additional premiums, which range from $20 to $250 per endorsement, depending on the applicable state or county where the property is located and the specific endorsement requested. Standard owner's title insurance premiums range from a minimum of $200 for a policy coverage amount of $5,000 to a maximum of $5,075 for a policy coverage amount of $1,000,000, depending on the applicable state where the insured property is located. Other premiums or fees paid directly to American Home Title range from $20 to $250, depending on the services performed, the county or state where the property is located, and/or the endorsement or coverage requested. Additional charges may result if coverage beyond a standard policy is requested by Buyer or Lender. All rates and fees, including requested endorsements, policy enhancements and available discounts, will be issued in accordance with the underwriter's rate filing on file with the applicable state division of insurance or as promulgated by the applicable state regulatory agency. A copy of the applicable state or county rate is available for review at the office of American Home Title. A schedule of rates is available upon request.
ACKNOWLEDGMENT
We have read this disclosure form, and understand that Seller is referring me/us to purchase the above-described settlement services and may receive a financial or other benefit as the result of this referral.
AGREED onthis date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned by:
bine. Moriset November 22, 2021 tua Tapia. November 19, 20. nawMOnSer Date ‘Repreeentsive~ Date Sales Associate License Number (if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
Date DocuSignedby:
Staci Fourster November 24, 20 ‘SuthereedRepresentative Date
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
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a RICHVIOND @) RICTM HOMES
ADDENDUM TO PURCHASE AGREEMENT Alternative Dispute Resolution BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, this Addendum shall control. If the terms contained in the documentthat conveys the Property from Seller to Buyer ("Deed") conflicts with, varies from or modifies the Purchase Agreementor this Addendum, the terms of the Deed shall control. Subject to the foregoing, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
NOTICE: BY INITIALING THE SPACE BELOW AND EXECUTING THIS ADDENDUM, BUYER AND SELLER AGREE AND UNDERSTAND THEY ARE EACH GIVING UP ANY RIGHTS TO HAVE A "DISPUTE" (AS DEFINED IN THIS ADDENDUM) LITIGATED IN A COURT BEFORE A JUDGE ORA JURY. BUYER ALSO AGREES THAT BUYER SHALL NOT COMMENCE OR PARTICIPATE IN ANY CLASS ACTION RELATING TO ANY DISPUTE. EXECUTION OF THIS ADDENDUM AGREEING TO MEDIATION AND ARBITRATION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES TO MEDIATION, AND IF NOT RESOLVED, TO ARBITRATION. DS bs BUYER'S INITIALS: SELLER'S INITIALS:
1. Dispute. For purposes of this Addendum "Dispute" shall mean and include, without limitation, any and all controversies, disputes or claims arising out of, related to, or in any way connected with the Property, the Purchase Agreement, or any resulting transaction, including without limitation claims relating to personal injury or property damage alleged to have been sustained by Buyer, Buyer's family, other occupants of the Property, and/or invitees to the Property. 2. Mediation. Buyer agrees to personally and individually (i.e. without serving as a class representative for others, or becoming a memberof a class action commenced byothers, with respect to the Dispute) mediate any Dispute with Seller before resorting to arbitration. 2.1 Mediation is a process in which the parties attempt to resolve a Dispute by discussing the Dispute in the presence of an impartial, neutral third party authorized by the parties to facilitate the resolution of the Dispute ("Mediator"). The Mediator is not empowered to imposea settlement on the parties. The parties shall agree upon a Mediator within 30 days of written notice of a Dispute delivered by one party to the other. Delivery of a notice of Dispute shall be in accordance with the notice provisions of the Purchase Agreement. If the parties cannot agree upon the selection of a Mediator within such time period, the parties shall request JAMS, Judicial Arbiter Group, Inc. or another mutually acceptable dispute resolution service provider (as selected, the "ADR Provider") to appoint, within the shortest possible period oftime, a Mediator to conduct the mediation. 2.2 Any party who will be relying upon an expert report and/or repair estimate at the mediation shall provide the Mediator and the other parties with a copy of such reports and/or estimates. If one or more issues directly or indirectly relate to alleged deficiencies in design, materials or construction, all parties and their experts shall be allowed to inspect, document (by photograph, videotape or otherwise) and evaluate the alleged deficiencies prior to mediation, and Buyer hereby agrees to make the Property available for such purposes. 2.3 All mediation fees shall be divided equally among the parties; provided, DocuSign Envelope ID: 892E33D1-0735-460E-AASD-9468DF8AB343
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however, that Seller shall be responsible forthe first eight (8) hours of the Mediator’s time, and any administrative fees charged by the ADR Provider for suchfirst eight (8) hours of mediation. Before the mediation begins and consistent with the laws of the State in which the Property is located, the parties shall agree in writing to limit the admissibility in any arbitration or court action of anything said, any admission made, and any documents prepared in the course of the mediation.
if any party commences an arbitration or court proceeding based on a Dispute withoutfirst attempting to resolve the matter through mediation, the other party shall have the right, at any time, to cause such proceeding to be dismissed or set aside, and the commencing party shall pay all costs, expenses and reasonable attorney fees incurred by such party to have such proceeding set aside or dismissed.
3. Arbitration of Disputes. The parties agree that this transaction involves interstate commerce and that any Dispute not settled during mediation shall be resolved by binding arbitration as provided in the Federal Arbitration Act (9 U.S.C. §§1 et seq.) by the ADR Provider selected by the parties, which ADR Provider may be different than the ADR Provider that conducted the mediation, and such Dispute shall not be resolved by or in a court of law or equity. Buyer agrees to personally and individually (i.e. without serving as a class representative for others, or becoming a memberof a class action commenced by others, with respect to the Dispute) arbitrate such Dispute. A written notice of the intent to arbitrate such Dispute shall be delivered by the party desiring to arbitrate such Dispute to the other party within 30 days after the conclusion of the mediation, and otherwise in accordance with the notice provisions in the Purchase Agreement.
3.1. Except as may otherwise be expressly stated in the Deed, the arbitration shall be conducted in accordance with the rules specified by the ADR Provider (the "Rules"), but which Rules must include, and it is the express intent of Buyer and Seller that each shall be bound by,the following: 3.1.1. The arbitration shall be conducted by a single arbitrator agreed upon by the parties with at least 10 years of experience in the subject matter of the Dispute who maybe, withoutlimitation, an attorneylicensed to practice law in the State in which the Property is located with experience in real estate or construction law, or an expert in the construction industry ("Arbitrator"). If the parties cannot agree upon the selection of an Arbitrator, the Arbitrator shall be selected by the ADR Provider in accordance with the Rules. An Arbitrator shall be selected within the shortest possible period after delivery of the written notice of intent to arbitrate the Dispute. Any fees due to the ADR Provider in connection with such selection process shall be split equally by the Buyer and Seller. If the amount claimed with respect to the Dispute exceeds $1,000,000, the arbitration shall be heard and determined by three Arbitrators, unless the parties agree on a single Arbitrator. If three Arbitrators are to hear the Dispute, Buyer and Seller shall each select an Arbitrator of their choice and those two Arbitrators shall agree on the selection ofthe third Arbitrator. 3.1.2 The Arbitrator shall have exclusive authority to resolve any Dispute, including, but notlimited to any claim that all or any part of the Purchase Agreementor any addenda or amendment is void or voidable. The Arbitrator's authority is limited to resolution of the Dispute, and other claims may not be joined or consolidated with the Dispute unless agreed to in writing by all parties. The Arbitrator shall be authorized to provide all recognized remedies available at law for any cause of action, except injunctive relief. The Arbitrator shall make a determination of the Dispute as soon as possible after completion of the arbitration proceeding. The parties agree that the Arbitrator's decision shall be final and binding. To the fullest extent permitted by applicable law, Buyer and Seller agree that no finding or stipulation of fact, no conclusion of law, and no arbitration award in any arbitration shall be given preclusive or collateral estoppel effect with respect to any issue or claim in any subsequent arbitration or court action, except among the parties to the arbitration. 3.1.3 Judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction. 3.1.4 All arbitrations shall be concluded, if practicable, within 180 days of the applicable party providing a notice of intent to arbitrate the Dispute to the otherparty.
4. Severability/Additional_ Parties. The waiver or invalidity of any portion of this Addendum shail not affect the validity or enforceability of the remaining portions of this Addendum. Buyer and Seller agree: (a) any Dispute involving Seller's affiliates, directors, officers, employees and/or agents shall also be subject to mediation and arbitration as DocuSign Envelope ID: 892E33D1-0735-460E-AASD-9468DF8AB343
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described in this Addendum, and shall not be pursued in a court of law or equity; and (b) Seller may, at its sole election, include Seller's contractors, subcontractors and/or suppliers, as well as any warranty company,insurer or other necessary or proper party, as parties in the mediation and arbitration notwithstanding any contrary provision.
5. Attorney Fees/Costs. Except as expressly provided in this Addendum, each party shall bear its own costs and expenses, including attorneys’ fees and expert costs and fees, related to any Dispute, and shall not be entitled to or awardedits attorney fees or costs incurred with respect to such Dispute, or the Mediator or Arbitrator fees, or any related administrative fees. The fees and costs associated with mediation and/or arbitration proceedings will depend in large part on the nature of the Dispute. As such, it is not possible to estimate the fees and costs in advance.
6. Time for Filing/Location. In no event shall the Dispute be submitted for mediation or arbitration after the date when institution of a legal or equitable proceeding based on the underlying claims in such Dispute would be barred by the applicable statute oflimitations or statute of repose. Arbitration proceedings shall be conductedin the jurisdiction where the Property is located.
7. Consumer Due Process Protocol. Seller supports the principles set forth in the Consumer Due Process Protocol developed by the National Consumer Dispute Advisory Committee and agrees that, notwithstanding the requirements for arbitration stated in this Addendum, Buyer shall have the option, after pursuing mediation as provided herein, to seek relief in a small claims court for Disputes or claims within the scope of the court's jurisdiction in lieu of proceeding to arbitration. There shall be no appeal from a decision by a small claims court.
8. Injunctive Relief. Notwithstanding anything in this Addendum to the contrary,if either Seller or Buyer seeks injunctive relief, and not monetary damages, from a court because irreparable damage or harm would otherwise be suffered by either party before mediation or arbitration could be conducted, such action shail not be interpreted to indicate or be deemed to be a waiver ofthe right to mediate orarbitrate.
9. Binding Effect. Buyer agrees this Addendum applies to his or her heirs, successors and assigns, and Buyer intends that all such parties shall be bound hereby.
10. WAIVER OF CLASS ACTION. BUYER WAIVES THE RIGHT FOR ANY DISPUTE TO BE COMMENCED, HEARD OR RESOLVED AS A CLASS ACTION, BUYER AND SELLER EACH HEREBY WAIVE AND AGREE NOT TO ASSERT ANY CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER IN MEDIATION, ARBITRATION OR OTHERWISE, AND AGREE THATIT IS THE EXPRESS INTENT OF EACH PARTY THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURESNOT BE ASSERTED OR APPLIED WITH RESPECT TO ANY DISPUTE.
11. AGREEMENT TO MEDIATE AND ARBITRATE. BUYER AND SELLER AGREE TO HAVE ANY DISPUTE RESOLVED BY MEDIATION, AND IF NOT RESOLVED BY MEDIATION, DECIDED BY-ARBITRATION.
12. WAIVER OF JURY TRIAL. BUYER AND SELLER EXPRESSLY WAIVE THE RIGHT TO HAVE ANY DISPUTE HEARD OR RESOLVED IN A COURT BY A JUDGE OR JURY.
AGREED on this date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned by:
dua huoriset November 22, 2021 bua Tapia November 19, 20. PMCaSEe" Date ‘Repiesentaive- Date Sales Associate License Number(if applicable):
Date Seller: Richmond American Homes of Arizona, Inc,, a Delaware Corporation
Date DocuSigned by:
Stati Forty November 24, 20 “RuthGrwed-Representative Date DocuSign Envelope ID: 892E33D1-0735-460E-AAS5D-9468DF8AB343
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ADDENDUM TO PURCHASE AGREEMENT Indoor Environmental Quality Disclosure BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shail govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreementare republished and reaffirmed. Any capitalized termsin this Addendum shall have the meaning given in the Purchase Agreementunless otherwise provided in this Addendum.
L. Introduction
Residential construction involves the use of materials, supplies, goods and products (collectively, “Materials") which contain, use or produce by-products, formaldehyde, volatile organic compounds, chemicals, materials, particulates and other substances that are known to be or may later become known to be hazardous. These Materials may be under enough pressure naturally or otherwise composed of compounds and chemicals which result in emissions into the living environment ("Emissions"). These Materials include, without limitation, adhesives, appliances, including combustion appliances, cabinets, countertops, flooring and floor coverings including carpeting, insulations, paints and finishes, plywood, oriented strand board (OSB) and particleboard, roofing and roof coverings, and sealants. Emissions from Materials and from personal goods and cleaning products are always present in the Home and on the Property. Currently, energy conservation concerns and energy standards have resulted in tighter homes which trap Emissions in large quantities. The sources, pathways, types, amounts and/or concentrations of Emissions will vary depending not just on the Materials used (or selected by Buyer) but also on personal habits, practices and lifestyles.
The information described in this Indoor Air Quality Disclosure has been obtained from various third party sources, including governmental agencies and consultants. Because of constant new developments on the subject of Indoor Air Quality, Seller cannot guarantee the continuing accuracy or completenessof the information that Seller is providing to Buyer and Buyer should independently verify and seek additional information regarding any matter of concern relating to Indoor Air Quality.
Il. Health Risks of Emissions
Since Emissions are everywhere in our environment, everyone is exposed to emissions. Emissions can exist in any type of building, including homes, offices and schools. Buyer should be aware that Emissions may cause allergic reactions or affect health. Emissions can negatively affect indoor air quality and/or impact health and well being, including, withoutlimitation, triggering attacks in people with asthma, causing or increasing allergies, eye, nose and throatirritation, headaches, nausea, damage to liver, kidney, and central nervous systems and cancer in humans.
i. Reduction of Emissions
Inadequate ventilation and high temperature and humidity levels increase Emissions. Buyer is responsible for indoor air quality management, including withoutlimitation proper and routine ventilation of the Home to reduce Emissions. Seller recommends, as a minimum, regular airing of the Home by simply opening windows. Different ventilation, including whole house and/or spot ventilation, filtration, humidification, dehumidification and/or treatment devices and/or methods exist and may be helpful to improve indoor air quality and/or reduce, control or mitigate exposure to or from Emissions to varying degrees and should be explored by Buyer.
INDOOR ENVIRONMENTAL QUALITY ADDENDUM
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Seller does not have the technical expertise to ascertain or advise Buyer of the presence or significance of Emissions in the Home or on the Property whether or not Seller offers or may offer Materials with differing potentials for Emissions or any ventilation, filtration or treatment device and/or method. Buyer understands that Seller cannot design, build and sell a home free of Emissions, nor can Seller be responsible for any related health problems experienced by Buyer or other persons occupying the Home. Buyer acknowledges that prior to entering into the Agreement, Buyer has had the opportunity to satisfy itself with respect to the extent of or potential for existence of Emissions and the quality of indoor air which may be contained in the Home, potential or actual risks and harm, and potential remedial methods at the Property, and Buyer releases Seller from any and all existing or future claims, costs, expenses or liability in any way relating to such Emissions.
ACKNOWLEDGMENTAND ACCEPTANCE OF HOMEOWNER RESPONSIBILITIES
By signing the Purchase Agreement, Buyer acknowledges receipt and understanding of this Indoor Environmental Quality Disclosure and Buyer agrees to comply with the provisions of this disclosure.
INDOOR ENVIRONMENTAL QUALITY ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Mold Disclosure
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENT DATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
L Introduction
Most people are familiar with mold in at least some capacity, such as mold growth on food, mold growth in the bathroom (for example, in the shower, on the drywall, on ceiling tiles) and in other areas of the home (for example, on the windowsills). Seller has prepared this Mold Disclosure to provide Buyer with some additional information about mold to ensure that Buyer understands its responsibilities in the inhibition or prevention of moid growth in the Home.
The information described in this Mold Disclosure has been obtained from various third party sources, including governmental agencies and consultants. Because of constant new developments on the subject of mold, Seller cannot guarantee the continuing accuracy or completeness of the information that Seller is providing to Buyer and Buyer should independently verify and seek additional information regarding any matter of concerrelating to mold, health risks associated with mold, and mold prevention or cleanup.
I. What is mold and where does it come from?
Mold is a type of fungus. It occurs naturally in the environment, and it is necessary for the natural decomposition of plant and other organic material. There are numerous types of mold found in our environment. Mold spreads by means of microscopic spores borne on the wind, and is found everywherelife can be supported. RESIDENTIAL HOME CONSTRUCTION IS NOT, AND CANNOT BE, DESIGNED OR BUILT TO EXCLUDE MOLD FROM A HOME. Mold spores may enter the Home through open doorways, windows, and heating ventilation and air conditioning systems. Spores in the air outside also attach themselves to people and animals, making clothes, shoes and pets convenient vehicles for carrying mold spores indoors.
Mold naturally grows in indoor environments. In order to grow, mold spores require a food source and moisture. The food source can be supplied by decorative items, such as fabric, carpet or wallpaper, or by building materials, such as drywall, wood, and insulation, to name a few. When mold spores land on places where there is sufficient moisture, mold will begin to grow within a period of 24 to 48 hours.
Moisture in the Home comes from many sources, such as spills, leaks, overflows, condensation, broken seals around doors and windows, and damp conditions in crawl spaces. Excessive landscape watering and high humidity are common sources of home moisture. Good housekeeping and home maintenance practices are essential in the effort to inhibit mold growth. See “Prevention of Mold Growth: Homeowner Responsibilities" section below. Eliminating excessive moisture may slow orlimit mold growth.
IH. Health Risks of Mold
Since molds are found virtually everywhere in our environment, everyone is exposed to molds. Although the vast majority of molds are not known to cause health problems,
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some molds have the potential to cause adverse health effects. Whether or not a person exposed to mold is at risk for adverse health conditions generally depends upon the susceptibility of the person exposed(including age, environmental factors such as stress and health factors such as existing sensitivities to allergies, underlying lung disease and suppressed immune systems), the amount of exposure and the type of mold. Experts disagree about the level of mold exposure that may cause health problems, and about the exact nature and extent of the health problems that may be caused by mold. Common health concerns associated with molds include hay fever-like allergic symptoms similar to those caused by plant pollen and animal dander (for example, fatigue, headaches, respiratory ailments, aggravation of asthma, nasal stuffiness or runny nose, cough, congestion, eye, nose, throat and skin irritation). Less frequent but more severe health concerns which may be linked to mold exposure include, but are notlimited to, chronic fatigue, central nervous system problems, lung disease and immune suppression. Research on mold and its health effects is on-going. Naturally, common sense dictates that Buyer should consult a physician regarding any symptoms of concern to Buyer.
IV. Inhibition/Prevention of Mold Growth: HomeownerResponsibilities
Currently there are no federal, state or local standards that establish permissible limits for exposure to mold. Since microscopic mold spores exist everywhere naturally in our environment, mold cannot be prevented or removed entirely. Sinceit is impossible for a hometo be entirely free of mold spores, and since mold can grow on almost anything, the only wayto inhibit mold growthis to eliminate excessive moisture in the home. All visible mold should be removed immediately. See "Mold Cleanup” section below.
Homeowners must take positive steps to eliminate excessive moisture in the Home, and thereby inhibit mold growth and any possible adverse effects that may be caused by mold growth. Homeowner's responsibilities for the inhibition of mold growth include, but are not limited to, the following:
Don't Bring Mold Home: Before bringing items into the Home, check for signs of mold. Potted plants (roots and soil), furnishings, or stored clothing and bedding material, as well as many other household goods, could already contain mold growth.
Keep it Clean: Regular and thorough vacuuming and cleaning will help reduce mold levels. Mild cleaning solutions are generally effective in eliminating or inhibiting mold growth. After cleaning carpets, make sure that the carpets are completely dry before replacing furniture. Don’t close closet doors or otherwise enclose spaces until the carpets have completely dried out.
Reduce Humidity: Keep the humidity (water vaporin the air) in the home low. One of the worst things one can do is use a humidifier because they add uncontrolled amounts of moisture to the air. Vent clothes dryers to the outdoors. Ventilate kitchens and bathrooms by opening the windows, using exhaust fans, and running the air conditioning to remove excess moisture in the air, and to facilitate evaporation of water from wet surfaces. Moisture sources that increase indoor air humidity include, but are not limited to, steam from showers, baths, cooking, indoor plants, washing dishes, washing clothes, and hanging wet clothes on indoor drying lines. Periodically ventilate enclosed spaces such as closets.
Promptly Correct Leaks, Moisture and Water Damage: Since mold will generally only grow in areas that have been exposed to moisture for more than 24 hours, it is important for Buyer to repair water leaks immediately or upon discovery. Thoroughly dry any wet surfaces or material. Do not let water pool or stand in the Home. Promptly replace any materials that cannot be thoroughly dried, such as drywall or insulation. Landscape so that the original grade of the Propertyis not disturbed and the ground slopes away from the Home to prevent water from collecting under the Home. Keep sprinklers and other sources of water from spraying on the walls of the Home. Also promptly clean up spills, condensation and other sources of moisture.
Maintenance Is a Must: \t is very important that Buyer regularly maintain the Home. For example, regularly caulk the windows, faucets, drains, tub and showers. Maintain roofs and clean gutters and keep both in good repair. Heating, ventilation and air conditioning systems should have their filters replaced on a regular basis as called for in their maintenance manuals. Maintain a positive grade around the Home, so that surface water
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and sprinkler water drains away from the Home. If the Home has a sump pump, make sureit is operating properly.
Vigilance is Vital: Buyer must perform routine visual inspections for mold growth and signs of leaks, moisture or water damage. Moldy or musty odors are also a reliable indicator of the presence of mold. Inspect for signs of mold, moisture, leaks and spills on a regular basis andeliminate the source of the water immediately. Look for discoloration or wet spots on ceilings, walls, floors, and windowsills. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Do not let water stand in air conditioning or refrigerator drip pans. Look around and under sinks for standing water, water stains or mold. Take notice of musty odors and any visible signs of mold.
V. Mold Cleanup
If mold is found, it must be removed and the source of the water must be eliminated immediately. The measures taken to initiate the cleanup process are dependent on the extent of the problem. In many cases, mold can be removed by a thorough cleaning with a mild cleaning solution. If there is an extensive amount of mold, there are professional cleaning and property restoration services experienced in cleaning mold, as many items can be completely cleaned of mold. Care must be taken to ensure that safe cleanup methods are employed. Any item that cannot be completely cleaned of mold should be discarded after checking with the cleaning professional to ensure that there is no other wayto clean the item.
ACKNOWLEDGMENT AND ACCEPTANCE OF HOMEOWNER RESPONSIBILITIES
By signing the Purchase Agreement, Buyer acknowledges receipt and understanding of this Mold Disclosure and Buyer agrees to comply with the provisions of this Mold Disclosure, specifically, the “Prevention of Mold Growth: Homeowner Responsibility” and "Mold Cleanup” sections.
MOLD ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Radon Program
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A_, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shal! govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
I. Introduction
Manypeoplelive in parts of the country with elevated natural levels of radon. Radon is a radioactive gas that comes from the natural breakdown of uranium in soil, rock and water and gets into the air you breathe. Radon has been found in homesall over the United States. Seller has prepared this Addendum to provide Buyer with some information about radon to help Buyer understand whatSeller is doing to address radon in its homes, and so that Buyer understands its responsibilities with respect to radon in the home.
The information described in this Addendum has been obtained from various third-party sources, including governmental agencies. Because of changing developments on the subject of radon, Seller cannot guarantee the continuing accuracy or completeness of the information that Seller is providing to Buyer and Buyer should independently verify and seek additional information regarding any matter of concernrelating to radon, health risks associated with radon, and radon mitigation and remediation.
Il. What is radon and where does it come from?
Radonis an odorless, tasteless and invisible gas that occurs naturally in the environment. Radontypically moves up through the ground to the air above and can moveinto your home through cracks or other holes in the foundation. It can get into any type of building - homes, offices and schools - and result in a high indoor radon level. RESIDENTIAL HOME CONSTRUCTION IS NOT, AND CANNOT BE, DESIGNED OR BUILT TO EXCLUDE RADON FROM A HOME. Any home can have elevated levels of radon. This includes new and old homes, well-sealed and drafty homes, and homes with or without basemenis.
The Indoor Radon Abatement Act of 1988 directed the United States Environmental Protection Agency (EPA) to list and identify areas of the U.S. with the potential for elevated indoor radon levels. The EPA has assigned to each county in the U.S. one of three zones based on radon potential on the EPA Map of Radon Zones (EPA-R-93-071). Zone 1 indicates the highest radon potential, Zone 2 has been assigned a lowerpotential for elevated levels by the EPA, and Zone 3 has been designated as having the lowest potential for elevated radon levels. Nonetheless, individual homes in Zones 1, 2 or 3 may have elevated levels of radon.
Il. Health Risks of Radon
Experts disagree aboutthe level of radon exposure that may cause health risks. The EPA warns that long-term exposure to elevated levels can damage lung tissue and could possibly lead to lung cancer over the course of lifetime. Although there is uncertainty and disagreement in the scientific community about the magnitude of radon health risks, the EPA has advised that long-term exposure to elevated levels of residential radon may lead to lung cancer. The EPA has also advised that any health risk associated with exposure to radon is more serious for smokers.
RADON PROGRAM ADDENDUM
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The EPA recommendsthat all homes be tested for radon, whether the home contains a radon control system or not. Testing is recommended by the EPA as a wayto estimate your home's radon levels. The EPA recommends (but does not require) that active radon control systems be installed in all homes in which long-term radon test results indicate radon levels of 4 picoCuries perliter (pCi/L) or greater. However, the EPA believes that even levels below 4 pCi/L pose some risk and that nearly one out of every 15 homesin the United States is estimated to have a radon level in excess of 4 pCi/L. Radon is measured in picoCuries perliter of air.
IV. Richmond American's Program
Radon Control System Installed. Seller will install, at its cost, an active radon control system in new homesin those areas identified on the EPA Map of Radon Zones(or on an equivalent published state map prepared for same purpose) as being in Zone 1 (high) at the time of application for a building permit.
This Property is in Zone 1: Yes __ ~No __
By this program, Seller generally seeks to support the reduction of residential radon levels to below the EPA's suggested action level of 4 pCi/L on an annual average basis. In homes that have an active radon control system provided by Seller, Seller will confirm via testing of its own choosing that the average radon levels are below 4 pCi/L. Seller will use commercially reasonable efforts to provide such testing prior to Closing, however, Seller cannot guaranty that the testing will be completed, or that the results will be available before Closing. If the results are not available before Closing, Seller will deliver the results to Buyer as soon as reasonably practicable after Closing. If Seller has not performed the testing prior to Closing, Buyer agrees {) to allow Seller to perform the testing, at Seller's expense, within a reasonable period of time after Closing, or ii) Buyer may elect to extend the Closing Date in order to allow Seller to provide the testing before Closing. If the results are not available prior to Closing for any reason, Buyer mayelect to extend the Closing Date in order to allow Seller to provide results before Closing. lf Buyer elects to extend the Closing Date, Buyer must notify Seller in writing on or before the Closing Date. All costs and expenses of extending the Closing Date, including, withoutlimitation, alternate housing, moving expenses, interest costs or other similar costs are the sole responsibility of Buyer. If the test results are at or exceed 4 pCi/L, Seller will repair or replace the radon control system at Seller's option and expense.
Within 90 calendar days after Closing, Seller will provide to Buyers of new homes with an active radon control system, at Buyer's written request, a long-term radon testkit from a nationally certified laboratory to test for long-term radon levels in the home. This kit will be provided to Buyer at Seller's expense. If Buyer requests a kit and follows the instructions that come with it, and if the long-term test results are at or exceed 4 pCi/L, Seller will repair or replace the active radon control system at Seller's option and expense. Buyer must advise Seller, in writing, of the long-term test results and request repair or replacement of the active racion control system within one year of Closing. Seller will, at its cost, subsequently re-test the home via testing of its own choosing to confirm that the radon levels are below 4 pCi/L. Failure to provide written notice within one year of Closing of a long-term reading at or in excess of 4 pCi/L will waive the right to seek repair or replacementof the active radon control system from Seller.
To enable Seller to conduct the tests described in this Addendum, Buyer will provide access to Seller and its agents at mutually convenient times and will fully cooperate with Seller in completing the testing.
Reimbursement Program. In homesin areas identified on the EPA Map of Radon Zones 2 (moderate) or 3 (low) at the time of application for a building permit where no active radon control system has been installed, if at any time within six months after Closing, Buyer elects to conduct long-term testing of the Property, and if the long-term test results demonstrate radon readings at or in excess of 4 pCi/L, Buyer can request reimbursement from Seller for installation of an active radon control system for an amount not to exceed $1000. If Buyer chooses to participate in this program, Buyer mustnotify Seller in writing of the long-term test results and Seller reservesthe right, at its expense, to obtain a confirmatory short-term test conducted by an independent or governmentally certified third-party radon measurement professional. If the results of
RADON PROGRAM ADDENDUM
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this confirmatory test are at or above 4 pCi/L, Buyer mayelect to hire a qualified radon mitigation or remediation professional to reduce the amountof radon gas present in the home. Such work shall be completed within 30 days after the date on which Seller notifies Buyer of the results of the confirmatory test. Upon receipt of evidence satisfactory to Seller of payment by Buyer of the cost of such mitigation or remediation, Seller shall reimburse Buyer for the cost of such mitigation or remediation, which reimbursement shall not exceed $1,000. If Buyer performs pre-Closing testing and elects to have work performed to reduce the amount of radon gas presentin the home, Seller will reimburse Buyer under the terms set forth above provided that the Buyer submits satisfactory evidence of remediation and evidence of payment to Seller no later than six months after Closing. Payment to Buyer of the reimbursement amount described herein will fully satisfy Seller's obligations to Buyer relating to radon. Failure to provide a written request for reimbursement (including evidence of testing and completed remediation) within six months of Closing will waive Buyer's right to reimbursement.
Lowering radon levels in a home requires technical knowledge and special skills. Active radon control systems have been designed to reduce radon levels in residences and these systems can be effective. However, Seller is not qualified to evaluate and has not undertaken to evaluate all the benefits or detriments associated with radon- resistant construction or radon control systems. Where Seller has installed an active radon control system, Seller has utilized techniques recognized by the EPA and the American Society for Testing and Materials in the design of these systems.
Seller is relying on published information from the EPA and the states in which Seller builds to determine the potential for elevated levels of radon in various parts of the country. SELLER MAKES NO ASSURANCES, REPRESENTATIONS, OR WARRANTIES AS TO WHETHER THERE IS ANY HAZARDOUS OR REGULATED MATERIAL ON THE PROPERTY. WHERE SELLER HAS PERFORMED RADON TESTING, SELLER MAKES NO ASSURANCES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE RADON LEVELS IN THE HOME AT OR PRIOR TO CLOSING ACCURATELY REFLECT THE LONG-TERM LEVELS OF RADON IN THE HOME. Seller advises Buyer, at Buyer's expense, to further investigate, as Buyer deems appropriate, the presence, absence, or level of radon or potential for radon in the home or in the soil beneath or adjacent to the home. Seller does not represent or warrant that achievement of results of short or long-term testing below 4 pCi/L provides any health benefit and does not provide any assurances that radon levels in the home will remain at or below any previously-tested levels. Radon readings may vary significantly regardless of the presence of absence of a radon control system and Seller recommends that Buyers periodically test their homes as advised by the EPA. Seller does not represent or warrant that an active radon control system will significantly reduce natural radon levels in the home. Seller provides no express or implied warranty with respect to the system. Additional information regarding radon and radon testing may be obtained from the EPA or Buyer's state and/or county radon office or health department(s).
Buyer's sole right and remedy for test results that are at or exceed 4 pCi/L shall be Seller's repair or replacement of the installation of the Seller-provided active radon control system or reimbursement of an amount not to exceed $1000 for installation of an active radon control system where not provided by Seller. Achievementof a reading below 4 pCi/L via testing of Seller's own choosing after repair or replacement of the installation of the Seller-provided active radon control system or reimbursement of an amount not to exceed $1000 for the installation of an active radon control system will fully satisfy Seller's obligations to Buyerrelating to radon.
V. Homeowner Responsibilities
As with other systems in the home, radon control systems require periodic inspection, maintenance, repair, and/or replacement. The proper operation of these systems is the sole responsibility of the Buyer. Homeowners must be vigilant in ensuring that their active radon control system is operational and is functioning. Homeowners should review the information provided to them about their radon control system and should inspect the system and understand how it works. Buyer also bears the responsibility for conveying this information to future buyers of the Property.
Seller encourages Buyer to periodically retest the home for radon, as recommended by
RADON PROGRAM ADDENDUM
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the EPA. For instance, the EPA recommends that homeowners retest their homes for radon after they are renovated, or if homeowners plan to use a lower level of the home than the level that was tested. The EPA recommendsretesting a home every two years in all cases regardless of whether a radon control system is installed. Buyer may obtain a copy of the EPA publication, Home Buyer's and Seller Guide to Radon at http:/Avww. epa.gov/radon/pubs/hmbyguid.html.
ACKNOWLEDGMENT AND ACCEPTANCE OF HOMEOWNER RESPONSIBILITIES
By signing the Purchase Agreement, Buyer acknowledges receipt and understanding of this Addendum and the disclaimers contained in this Addendum, and Buyer agrees to comply with the provisions of this Addendum.
RADON PROGRAM ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Deposit Disclosure (Arizona Administrative Code § R4-28-803D) BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENT DATE: 14/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In ail other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
Prospective purchasers are advised that earnest money deposits, down payments and other advanced moneywill not be placed in a neutral escrow. This moneywill be paid directly to the Seller and may be used by the Seller. This means the purchaser assumesthe risk of losing the moneyif the Seller is unable or unwilling to perform under the terms of the purchase contract.
AGREED onthis date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned hy:
fine. Moriset November 22, 2021 tva Tapia November 19, 20. niaWoneeE Date ‘Representa ~ Date Sales Associate License Number (if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
Date DosuSigned by:
Stati Foust November 24, 20 ‘Ruthorreed*Rapresentative Date
DEPOSIT DISCLOSURE ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Title Insurance and Closing Costs Addendum
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN EARMS BLOCK 30, Tract/Filing No. N/A_, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENT DATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller, In ail other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
Notwithstanding anything to the contrary in the Closing Costs and Adjustments and Title Insurance Sections of the Agreement, the following shail apply: A. Closing Agent. The Closing Agent's role involves the coordination of administrative and clerical functions relating to the collection of documents and the collection and disbursement of funds required to carry out the terms of the Agreement. When all terms of the Agreement have beensatisfied, the Closing Agent will cause the recording ofall necessary documents in the appropriate public records. Buyer and Seller agree the Closing Agent shail also act as the escrow agentfor this transaction, and the delivery and acceptanceofa fully executed copyof this Agreement to the Closing Agent will constitute employmentof such entity as the escrow agent. Buyer and Seller designate the Closing Agent as the Reporting Person, as defined in § 6045(e) of the United States Internal Revenue Code and the regulations promulgated thereunder, as permitted in Treasury Regulation Section 1.6045-4(e)(5). Buyerselects the following independent Closing Agent (se/ect only one box): Fidelity National Title Insurance Company
[| Other (Name) (Address) (Phone)
If the selected Closing Agent is unable to timely fulfill its obligations, Seller reserves the right to change the Closing Agentto facilitate the Closing. B. Owner's Policy (select only one box): a; Seller will select the title insurance entity and Seller will pay the premium for the Owner's Policy. \f Buyer requests coverage beyond the Owner's Policy provided by Seller, Buyer shall pay additional premiumsfor that coverage at Closing.
The title insurance entity for the Owner's Policy is: Fidelity National Title Insurance Company.
|__| Buyerwill selectthetitle insurance entity and Buyerwill pay all premiumsfor Owner's Policy. If Buyer elects not to use Fidelity National Title Insurance Company, affirmative mechanics’lien coverage may not be available to Buyer.
TITLE INSURANCE CLOSING AGENT ADDENDUM
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The title insurance entity for the Owner's Policyis:
(Name) (Address) (Phone)
Cc. Loan Policy: Buyer will select the title insurance entity and Buyer will pay all premiums and any applicable endorsements for the title insurance policy insuring Buyer's Loan (“Loan Policy"). A Loan Policy issued simultaneously with and by the same entity as the Owner's Policy may be available at a discounted premium. The same title insurance entity shall issue the Loan Policy and the Owner's Policy unless Buyer designates a different title insurance entity for the Loan Policy within five days after receipt of a Loan Commitment. D. Disclosure. As required by the Real Estate Settlement Procedures Act of 1974, as amended or re-enacted, Buyer acknowledges that Seller has not directly or indirectly required Buyer, as a condition of sale, to purchase either an Owner's Policy or a Loan Policy from any particular title entity. E. VA Guaranteed Loan. If Buyer is financing the Home with a VA guaranteed loan, VA regulations will govern, and, to the extent such regulations differ from anything contained in this Addendum, will control.
F. Closing Costs and Adjustments. Seller shall pay: (a) the lesserof (i) 1/2 of the escrow feefor this transaction or (ii) $40.00; and (b) the recording fees for any releases of encumbrances created by Seller. Buyer shall pay the remaining portion of the escrow fee, document preparation fees, if any, and all recording fees of the deed to Buyer.
Buyer acknowledges the above selections, reading the above disclosures and receiving a copy of this Title Insurance and Closing Costs Addendum.
AGREEDon this date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned by:
fina, Marist November 22, 2021 en Tapia. November 19, 20. namoneer Date “Representaine Date Sales Associate License Number (if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
Date DocuSigned by:
Stasi Foust November 24, 20 “RutherREWRepresentative Date
TITLE INSURANCE CLOSING AGENT ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Contractor Information (Arizona Revised Statutes § 32-1158(A)) and Purchaser Dwelling Act (Arizona Revised Statutes § 12-1365) BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. \f this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions ofthis Addendum shal! govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreementare republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
Contractor Information (A.R.S. § 32-1158(A))}
This home is constructed by Richmond American Construction, Inc.
Contractor's business address is: 16427 N. Scottsdale Road, Suite 175, Scottsdale, AZ 85254. Contractor's license numberis: ROC206612.
Buyer has the right to file a written complaint with the Arizona Registrar of Contractors ("Registrar") for an alleged violation of Arizona Revised Statutes, § 32-1154, subsection A. The Registrar's telephone number and website address are: 602-542-1525; https://roc.az.gov/, Complaints must be made within the applicable time period as set forth in Arizona Revised Statutes, § 32-1155, subsection A.
Purchaser Dwelling Act (A.R.S. 12-1365
UnderArizona Revised Statutes, § 32-1155, a buyer of a dwelling has the right to file a written complaint against the homebuilder with the Arizona Registrar of Contractors within two years after the close of escrow or actual occupancy, whichever occursfirst, for the commission of an act in violation of Arizona Revised Statutes § 32-1154, subsection A.
AGREEDonthis date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned by:
La, Marist November 22, 2021 Gua Tapia November 19, 20, namongere Date ‘Representa’ ~ Date Sales Associate License Number(if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
Date DocuSigned by:
Stati Forty November 24, 20 “AuthsrbewRepresentative Date
Contractor Notice - ARIZONA
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ADDENDUM TO PURCHASE AGREEMENT Energy Wise Program Home Disclosure
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 14/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates fo the Property.If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
This Addendum is an overview of Seller's Energy Wise Program. Seller's Energy Wise Program provides Buyer with a HERS® Index rating for the Home, and mayinclude Personalization features or products that may offer energy efficiency or energy savings benefits or other conservation or environmental characteristics ("Energy Wise Personalization"). Energy Wise Personalization varies from community to community. Personalization offering energy efficient features may include insulation, windows, heating and cooling equipment, or lighting and appliances marketed as offering energy efficiency or energy savings benefits.
The HERS® Index, a registered trademark of the Residential Energy Services Network (RESNET), is an energy efficiency scoring system established by RESNETand is not a feature or productitself. The HERS® Index scores a homebuilt to the specifications of the HERS® Reference Home (based on the 2006 International Energy Conservation Code) at 100. Each 1-point decrease in the HERS® Index corresponds to a 1% reduction in energy consumption compared to the HERS® Reference Home. The lower a home's HERS® Index, the more energy efficient it is in comparison to the HERS® Reference Home. The HERS® Index shown in any marketing or sales material is an estimation based on the relevant standard home plan as projected prior to construction using RESNET approved software and not as confirmed by actual measurements taken upon completion of the Home. The HERS® Index for the Home will be determined by an independent RESNET-certified HERS® Rater based on observations and analyses of the Home as-built and will be provided to Buyer at, before or after closing. Observations performed in accordance with RESNET Standards of Practice are not technically exhaustive and are not intended to be a confirmation of compliance with regulatory requirements. Information about the HERS® Index, Home Energy Rating Standards of Practice and Code of Ethics Standards can be found on RESNET's website at http:/Avww.resnet.us.
Actual energy and utility costs and savings and conservation or environmental characteristics will depend on factors that include, without limitation, rates and charges of local utility companies, the type and source of energy or utility, actual household energy and utility consumption, alterations and retrofits made subsequent to Closing, and climatic conditions. The International Energy Conservation Code and otherbuilding codes, ordinances or regulations, as adopted and amended bythe jurisdiction in which the Home is built, may materially affect the HERS® Index for the Home. Buyers are cautioned against and should not rely solely on any Energy Wise Personalization in making any decision. SELLER CANNOT AND DOES NOT GUARANTEE ENERGY OR UTILITY USAGE AND COSTS OR SAVINGS AND CANNOT AND DOES NOT GUARANTEE ANY HOME WILL HAVE A HERS® INDEX EQUAL TO OR LOWER THAN THAT AS MARKETED OR AS DETERMINED FOR A SPECIFIC HOME BY AN INDEPENDENT RESNET-CERTIFIED HERS® RATER.Thereceipt of a HERS® Index rating on a Home does not qualify the Home as ENERGY STAR® and is not a qualification under any ENERGY STAR® Qualified New Homes Program that may be offered by Seller. ENERGY WISE PROGRAM HOMEDISCLOSURE
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Certain Personalization may be ENERGY STAR® qualified. The U.S. Environmental Protection Agency ("EPA") introduced ENERGY STAR® as a voluntary program to reduce greenhouse gas emissions through increased energy efficiency. Some Home appliances such as, withoutlimitation, dishwashers, refrigerators, water heaters, central air conditioners, furnaces and heat pumps may display manufacturers’ energy efficiency test results on yellow EnergyGuide labels. The yellow EnergyGuide labels were developed to assist consumers in comparing the energy use ofdifferent models and may also note whether the appliance is ENERGY STAR® qualified. EnergyGuide labels may vary and are not available for all appliances. Seller's inclusion or offering of ENERGY STAR® qualified or labeled products or appliances with the Home shail not be construed as qualification or labeling of the entire Home as ENERGY STAR®. For more information on Energy Star®, visit the FTC's website at htto:/Avww.ftc.gov/appliances or htto:/Avwww.energystar.gov
Seller has not independently verified the content or accuracy of any information prepared by or for the EPA, Department of Energy ("DOE"), Federal Trade Commission ("FTC") or RESNETor prepared by any manufacturer or person under EPA, DOE, FTC or RESNET regulations, guidelines or standards and expressly disclaims responsibility for any representations or guarantees made by any governmental agency, RESNET, manufacturer or person. By signing the Purchase Agreement, Buyer acknowledges receipt of this Energy Wise Program Home Disclosure and the RESNET Home Energy Rating Standard Disclosure.
ENERGY WISE PROGRAM HOME DISCLOSURE
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ADDENDUM TO PURCHASE AGREEMENT ACKNOWLEDGMENT AND ACCEPTANCE OF DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block _N/A_, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772,Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
Seller has provided Buyer with a copy of the applicable Declaration of Covenants, Conditions, Restrictions and Easements ("CC&Rs") for the Property.
For Buyer's protection, it is recommended that Buyer review the CC&Rsbeforesigning this Addendum.
BY SIGNING THIS ADDENDUM, BUYER ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THE CC&Rs FOR THE PROPERTY PROVIDED BY SELLER.
AGREEDonthis date: _November 19, 2021 BUYER(S): DocuSigned by: DocuSigned by:
fina, Moriset November 2 fe Tapia. November 19, 2021 199B1368761B481... A7EDEISSA4CASCH...
Ana Moriset Date Representative Date Sales Associate License Number(if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
DocuSigned by: Date Staci Fourstur November 24, 2021 Authorized Representative Date
CCR Addendum
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Building and Financing tha Amaricon Droom.
M.D.C. Holdings, Inc. and Affiliates Privacy Policy and Notice Regarding Collection of Personal Information
Your Privacy fs a Priority for Us The confidentiality of your personal information ("Information"), as defined by applicable law, is important to M.D.C. Holdings, Inc. (MDC) and its affiliates. MDC's affiliates include the Richmond American Homes companies, HomeAmerican Mortgage Corporation, American Home Insurance Agency, Inc. (also known as AH Insurance Agency, Inc. or AHI Insurance Agency) and American Home Title and Escrow Company. Weare providing you with this privacy notice to help you understand what Information we collect, why we collect the Information, how we use the Information, and under what circumstances we may disclose the Information to our affiliates and third parties. This notice alsotells you how you can limit our disclosure of your Information.
Categories of Information We Collect and Purposes for Which WeUsethe Information As part of business operations, our sale of homes, and/orour providing offinancial products or services, we collect the following categories of Information: Identifiers such as your real name, alias, postal address, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers ("Identifiers"). e This Information enables us to confirm your identity in selling you a home, providing you with mortgage financing and insurance coverage, guarding against identity theft and cyber crimes, complying with legal and contractual requirements (such as federal anti-terrorism laws) and otherwise conducting our daily business operations. This Information also enables us to identify persons who log into and attend virtual meetings of MDC's shareholders. Other information that identifies, relates to, describes, or is reasonably capable of being associated with, a particular individual, including, but not limited to, signatures, physical characteristics or description, telephone number, state identification card number, employmenthistory, insurance policy number, bank account number, credit card number, debit card number, or any other financial, medical or health insurance information ("Other Personally Identifiable Information"). e This Information is used for the purposeslisted above and also in employing individuals within our farnily of companies and providing them with benefits. Characteristics of protected classifications pursuant to law ("Characteristics of Protected Classifications”). e This enables us to comply with legal requirements, such as non-discrimination, and demonstrate that compliance. Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuminghistories or tendencies ("Commercial Information”). e This enables our companies to adjust our product and service offerings and offer additional products and services that may be of interest to consumers. If you visit our websites and consent to future communications from us, we collect Internet or other electronic network activity information, including, but not limited to, browsing history, and information regarding a consumer's interaction with an Internet website, application or advertisement ("Internet Activity Information"). * This Information enables us to adjust our technology and advertising to be more efficient and responsive to consumer demands and needs. Professional or other employment-related information ("EmploymentInformation"). e Weusethis Information in determining loan qualification and in employing persons and considering their applications for employment or advancement. We also collect and use this Information to identify persons wholog into and attend virtual meetings of MDC's shareholders. In light of the COVID-19 pandemic, when you visit any of our sales offices, Design Galleries, or model homes wewill collect certain coronavirus screening information from you, including information regarding whether you have experienced anycold or flu-like symptoms (such as cough, fever, sore throat, ordifficulty breathing) in the last fourteen (14) days ("COVID-19 Screening Information"). e This Information is used to prevent the spread of COVID-19 and reduce the potential risk of exposure to our employees andvisitors. It is collected for our internal use only and is not shared with third parties. In addition to the foregoing, if you are employed by or applying for employment with one of the MDC family of companies, we also collect the following Information about you ("Other Employment Related Information”):
Education information. Medical information. Health insurance information. Biometric information. Privacy Policy
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Building ond Financing the Amorican Dream.
o The foregoing Information in used in employing persons, providing them with benefits and in providing security for our workforce.
“Information” does not include publicly available information lawfully made available from federal, state, or local governmental records.
Categories of Sources from Which Information is Collected Wecollect Information from the following sources:
e Applications, forms, and other information that you provide to us, whetherin writing, in person, by telephone, through our websites or by any other means. o Wecollect certain Identifiers, Other Personally Identifiable Information, Characteristics of Protected Classifications, Commercial Information, Employment Information, COVID-19 Screening Information, and Other EmploymentRelated Information from these sources.
* Your transactions with us, our affiliates (members of the MDC corporate family), or others. This information may be part of your HomeAmerican loan application, your Richmond American Homes purchase contract, or an application for insurance from American Home Insurance or American Home Title and Escrow. o We collect certain Identifiers, Other Personally Identifiable Information, Characteristics of Protected Classifications, Commercial Information, and Employment Information from these sources.
* Consumer reporting agencies. o Wecollect certain Identifiers and Other Personally Identifiable Information from these sources. e Public sources. o We collect certain identifiers, Other Personally Identifiable Information, Employment Information, and Education Information from these sources. e Online. If you visit our websites and consentto future communications from us, we track your browser data and browsing behavior to better understand how the sites are being used and how we can improve your online experience. This information is gathered through the use of "cookies" or other tracking mechanisms (see further discussion below). co Wecollect certain Identifiers, Commercial Information, and Internet Activity Information from these sources.
Reasons We May Share Your Information
We do not sell your Information to anyone (i.e, receive monetary compensation), We may disclose your Information for various everyday business purposes (such as to process transactions, maintain accounts, respond to court orders and legal investigations or report to credit bureaus), marketing purposes(to offer our products and servicesto you), for our affiliates’ everyday business purposes(information about your transactions, experiences, and creditworthiness), and for our affiliates to market to you.
Categories of Persons/Entities with Which We May ShareInformation
The parties to which we may disclose Information fall into two general categories: e Affiliates; and
e Third parties.
Sharing Information with Our Affiliates. In the course of our business, we share Information with members of our MDC family of companies in order to conduct our business operations (e.g. manage our workforce). The sharing of Information may benefit you by making it easier for you to apply for and receive services from our related companies. In addition, sharing Information can help you receive timely notice about additional products, services or other special offers that may beofinterest to you. The categories of Information we share include: e Information about your identity (such as name, address, phone numbers, Social Security or driver's license number); e Information about your transactions with us (such as your contract information, account number, loan balance and repaymenthistory); e Certain information about your application with us (such as information about your assets or income); and e Information about your credit report or similar information (such as information about your credit standing or other characteristics) obtained from credit bureaus. In addition to the foregoing, if you are an employee or potential employee of the MDC family of companies, we also share the following categories of Information about you: e Education information.
Privacy Policy
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Building ond Financing the American Dream.
e Medical information. « Health insurance information. e Biometric information.
Sharing Information with Third Parties Third parties are those not part of the MDC family of companies. We share your Information with financial service providers such as insurance companies, banks, mortgage purchasers, and settlement agents. We also share your Information with non-financial companies such as consumer reporting agencies, software or other service providers, retailers, direct marketers, auditors, courts, and state or federal regulators. The categories of Information we share with thesethird parties include: * ldentifiers such as your real name, alias, postal address, Internet Protocol address, email address, and account name, and, if there is a business need to do so, Social Security, driver's license number, passport number, or othersimilar identifiers in which case we will require confidentiality by the receiving parties and limit the use of the Information to the purpose for which it was disclosed. e Other information that identifies, relates to, describes, or is reasonably capable of being associated with, a particular individual, including, but not limited to, physical characteristics or description, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information. e Characteristics of protected classifications pursuantto law. e Commercial information, including records of products or services purchased, obtained, or considered. e Internet or other electronic network activity information, including, but not limited to, browsing history and information regarding a consumer's interaction with an Internet website, application or advertisement. e Professional or other employment-related information. In addition to the foregoing, if you are an employee or potential employee of the MDC family of companies, we may also share the following categories of Information about you: e Education information. * Medical information. ¢ Health insuranceinformation. « Biometric information. Former Customers and employees If your relationship with us ends, wewill continue to treat and safeguard your Information as describedin this notice.
Our Security Practices and Information Accuracy Wetake steps to safeguard your Information. We restrict access to the personal and account Information of our customers to those employees who need to know that information in the course of their job responsibilities. We maintain physical, electronic, and procedural safeguards that are designed to comply with applicable federal and state standards regarding the protection of Information.
Wealso have internal controls that are designed to keep Information as accurate and complete as we can. If you believe that any Information we have about you is not accurate, please let us know immediately by contacting us as described below.
Protecting Your Information Online
The following statement applies to the websites for the MDC family of companies. If you request information through our websites, use online tools and calculators, apply online for products or employment, subscribe to online services, complete an online form or application, conduct transactions online (e.g., Internet or wireless device) or otherwise use our websites, we and certain third parties with which we work to deliver online products and services may retain the Information you provide and track your use of our websites as more fully described below.
e E-mail If you agree to receive e-mail messages from us, we may retain the information you provide us to deliver e- mails of specific interest to you. If you choose to send us e-mails, we may retain the content of your e-mail message, your e-mail address, and our subsequent response. Please be careful about the information you provide to us by e-mail; as with any public website, this channel of communication is not necessarily secure againstinterception. e Use of "Cookies" and Tracking Our websites use “cookies” or other tracking mechanisms to collect your browser data and browsing behavior. Some of the primary purposes of these mechanisms are to save you time and provide you with more customized offers and information on our websites. Cookies allow you to customize our sites to match your personal preferences. If you visit our website and consent to future communications from us, we and our third
Privacy Policy
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Building and Financing the American Dream.
party service providers will collect your Information and may provide you with customized offers over time.
e Children's Online Information Privacy Protecting children’s identities and information online is important. We do not knowinglysolicit data from children online, nor do we market our online products and services to children under the age of 18 years old (Minors).
Submitting Requests if you wish to exercise the “Limit our Sharing," "Right to Know About Personal Information Collected, Disclosed, or Sold,” "Right to Request Deletion of Personal Information," or "Right to Opt-Out of the Sale of Personal Information" options described below, you may submit a verifiable consumer request (Request) by calling us or submitting a Request on our website as follows:
Call us at: 800-605-9010.
Or submit a Request through our "Do Not Sell My Information & Other Requests” web page: httos:/Avww. tichmondamerican.com/ccpa.
To verify your Request, you will be asked to provide your name, address, phone number and other identifying information (or that of the consumer on whose behalf you are acting) pursuant to law. If your Request asks to access specific pieces of Information pursuant to "Right to Know About Personal Information Collected, Disclosed, or Sold” below, we may ask you to sign a declaration under penalty of perjury that you are the consumeror the authorized agent of the consumer whoseInformation is the subject of the Request.
An authorized agent may submit a Request on your behalf. When you use an authorized agent to submit a Request, we may require that you: (1) provide the authorized agent written permission to submit the Request; and (2) verify your identity directly with us. We may also require your authorized agent to submit proof that you have authorized them to submit a Request on your behalf.
Weare not obligated to disclose or delete the specific pieces or categories of Information we have collected about you pursuant to "Right to Know About Personal Information Collected, Disclosed, or Sold" and "Right to Request Deletion of Personal Information" below if, pursuant to law, we cannot verify: (1) your identity or (2) if you are seeking to act on a consumer's behalf, that you are a person authorized by the consumerto act on their behalf. The disclosure that we make, following the receipt of a Request, will cover no more than the 12-month period preceding receipt of the Request and will be made in writing and delivered through the consumer's account with us, if the consumer maintains an account with us, or by mail or electronically (at the consumer's option if the consumer does not maintain an account with us).
Please allow 15 days from our receipt of your Request to Opt-Outfor your instructions to become effective.
Limit Our Sharing Federal law gives you the rightto limit: (1) sharing for affiliates' everyday business purposes- information about your creditworthiness; (2) affiliates from using your information to market to you; and (3) sharing for nonaffiliates to market to you. If you do not want us to share Information about your creditworthiness with our affiliates, or share other Information with our affiliates or third parties so they can market their products or services to you, you may submit a Request to us requesting that we limit our sharing. Please allow 30 days from our receipt of your Request for your instructions to become effective.
If you have a joint account, a request by one party will apply to the entire account. Your choice will apply until you tell us to change it.
Right to Know About Personal Information Collected, Disclosed, or Sold (Request to Know) Collection of Personal Information - If you are a consumer and we have collected your Information, you may submit a Request ("Request to Know") that we disclose to you: (1) the categories of Information collected; (2) the categories of sources from which the Information is collected; (3) the business or commercial purpose for collection (or disclosing) the Information; (4) the categories of third parties with whom we share Information; and (5) the specific pieces of information we have collected about you. Please note that we are not required to retain any Information about you for a single one-time transaction if, in the ordinary course of business, that information is not retained, nor are we required to re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a mannerthat would be considered Information.
If your Request asks to access the categories and specific pieces of Information we have collected about you, we will (in compliance with law) deliver to you, free of charge, copies of your Information, which may be provided by mail or electronically. We are not required to provide you with your Information more than twice in a 12-month period. Also, we are not required to retain any Information collected for a single one-time transaction if such information is not sold or retained, nor are we required to re-identify or otherwise link any data that is not maintained in a manner that would be considered Information.
Weare not obligated to provide you with specific pieces of Information if the disclosure creates a substantial, articulable and unreasonable risk to the security of that Information, your account with us, or the security of our systems or networks.
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Building and Financing the American Dream.
At no time will we disclose your Social Security Number, driver's license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers in response to a Requestto disclose specific pieces of Information.
Disclosure or Sale of Personal Information - If you are a consumer and wedisclose your Information for a business purposeor,if in the future we should sell your Information, you may submit a Request that we disclose to you: (1) the categories of Information collected; (2) the categories of Information sold and the categories of third parties to whom the Information was sold, by category or categories of Information for each third party to whom the Information was sold (or if we have not sold your Information, we will disclose that fact); and (3) the categories of Information that we disclosed for a business purpose(or if we have not disclosed your Information, we will disclose that fact).
Right to Request Deletion of Personal Information (Request to Delete)
You may submit a Request that we delete ("Request to Delete”) any Information about you that we have collected from you. Following receipt of your Request, we will delete the Information from our records and direct any service providers to which we have given your Information to delete the information from their records; HOWEVER, Information will not be deleted if it is necessary for our business (or that of the service provider) to maintain the Information: (1) in order to perform a contract between us; (2) as required or permitted by applicable law; or (3) in order to use the Information, internally, in a lawful manner compatible with the context in which the consumerprovided the information.
Right to Opt-Out of the Sale of Personal Information (Request to Opt-Out)
If we have your Information, you have the right, at any time, to direct us to not sell your Information ("Request to Opt- Out"), If we receive your Request to Opt-Out, we will not sell your Information unless you subsequently provide express authorization for the sale of your Information. You may submit a Request to Opt-Out by writing or calling us or submitting a request on our website as described above.
We do not market our products and services to Minors and, even without a Request to Opt-Out, we will not sell the Information of persons we know to be Minors.
Right to Non-Discrimination Wewill not discriminate against a consumer because the consumer exercises the consumer's rights under applicable privacy laws. This includes denying goods or services to the consumer, charging different prices or rates, providing a different level or quality of goodsorservices, and/or suggesting the consumer will receive a different price or rate for, or a different level or quality of, goods or services. We may charge a different price or rate or provide a different level or quality of goods or services if the difference is reasonably related to the value provided to the consumer by the consumer's data.
Financial Incentives From time-to-time we mayoffer financial incentives for the sale of our products and services (e.g. home options and upgrades at no additional cost) and, in seeking to receive those incentives, our customers may provide us with personal information (e.g. their contact information). However, we do not offer the incentives for the purpose of retaining or selling our customers' information, but rather for the purposeof selling our products and services. Exemptions The “Rights” set forth above do not restrict our ability to:
* Comply with applicable iaw e Comply with action taken by federal, state of local authorities * Cooperate with law enforcement agencies concerning conduct or activity reasonably and in good faith believed to potentially violate federal, state or local law « Exercise or defend legal claims e Collect, use, retain, sell or disclose consumer information that is de-identified or is aggregated and de- identified + Decline to comply with a Request where compliance would violate an evidentiary privilege * Provide Information to a person covered by an evidentiary privilege as part of a privileged communication
The "Rights" set forth above do not:
e Apply to protected or health information or to medical information governed by federal law e Apply to Information to be reported in or used to generate a consumer report under the federal Fair Credit Reporting Act e Apply to Information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act and regulations, if in conflict with that law Apply to Information collected, processed, sold or disclosed pursuant to the Driver's Privacy Protection Act of 1994, if in conflict with that Act
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e Require us to re-identify or otherwise link information that is not maintained in a manner that would be considered Information California Residents To the extent any of MDC's affiliated companies is deemed a "financial institution" under the California Financial Privacy Act, those entities will not share your Information with any of our affiliated companies or non-affiliated third parties except as permitted by law or otherwise directed by you. Nevada Residents Pursuant to the laws of the State of Nevada, residents of Nevada mayelect to be placed on our internal "do-not-call" list. You may make such an election or obtain further information about your rights under Nevada law by contacting us as set forth above under "Right to Opt-Out". You may also obtain further information about your rights under Nevada law by contacting the Nevada Attorney General's office at: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington Avenue, Suite 3900, Las Vegas, Nevada 89101, Phone: 702-486-3132, Email: [email redacted]
OtherInformation This Privacy Policy applies to products or services provided by M.D.C. Holdings, Inc. and its affiliates. We reserve the right to changethis policy at any time and the date of the revised policy will be identified below.
Contact Us for More Information If you have questions or concerns aboutour privacypolicies or practices, you can obtain additional information from us by calling us at 800-772-8024 or writing to us at M.D.C. Holdings, Inc. c/o HomeAmerican Mortgage Corporation Customer Service Department, 5775 DTC Boulevard, Suite 300S, Greenwood Village, CO 80111.
©2021 M.D.C. Holdings, Inc. Revised effective: January 13, 2021.
Privacy Policy
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§RICHVIOND IGRMERICAN HOMES
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT ("Agreement") is entered into by and between Richmond American Homes of Arizona, Inc., a Delaware Corporation ("Seller"), with an office located at 3091 West Ina Road, Tucson, AZ 85741, and Ana Moriset (full legal name) ("Buyer"), who presently resides at 1180. W. Doolan (Street Address), Tucson (City), AZ (State) 85755 (Zip) Phone Number 1: (520) 668-2849: Phone Number 2: (520) 668-2849; Email: at1980@gmail. com, Buyer and Seller are sometimescollectively referred to in this Agreement as the "parties" and individually as a "party." The defined terms in this Agreement and the Sections where their definitions can be found are in the attached Index of Definitions. THIS AGREEMENT INCLUDES AN ALTERNATIVE DISPUTE RESOLUTION PROVISION WHICH IS SET FORTH IN THE ATTACHED ALTERNATIVE DISPUTE RESOLUTION ADDENDUM. 1. PROPERTY. Pursuant to the terms and conditions of this Agreement, Seller agrees to sell and Buyer agrees to purchase the following described real property: Lot/Unit 30, Block _N/A_, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, Parcel/Tax Map No. [number redacted], City/Township Marana , County Pima, State AZ, Zip 85653, also known as 12623.N APPLING AV (Street Address), together with the residential dwelling constructed or to be constructed thereon (" Home"), in substantial conformance with Plan Name and Number Deacon - T772, Elevation ELVA ("Plans"). The real property anid the Home are collectively referred to in this Agreement as the " Property.” Buyer will take title to the Property as Joint Tenants, Tenants in Common, Tenants by the Entirety (husband and wife only; not available in California Washington or Colorado), Individually, Community Property, Community Property with Right of Survivorship (not available in Florida); x Other: TED (check only one box). if Buyer consists of more than one individual and does not makea selection fortitle Buyer will take title to the Property in equal shares as Tenants in Common, unless Buyeris a marital community or a registered domestic partnership in a community property state and does not make a selection for title, in which event Buyerwill take title to the Property as Community Property. 2. PURCHASE PRICE. Thepurchaseprice for the Property is:
$414,990.00 "Base Price" Plus: $16,923.00 Cost of Buyer's On-Site Options and Home Gallery Selections as defined in the On-Site Options and Home Gallery Selections Section of this Agreement as described in the Job Initiation Order ("Job Initiation Order") or in Seller's change order forms ("Change Order’). Plus: $22,000.00 "Lot Premium,"if any, described in Job Initiation Order or Change Order.
Less: $0.00 Credit given by Seller to Buyer for applicable sales program promotions or incentives as described in any Addenda attached to this Agreementorin Seller's Change Order. Total: $453,913.00 Total Purchase Price which amount may be modified prior to Closing by, among other things, the subsequent addition of On-Site Options and Home Gallery Selections ("Total Purchase Price") and will be described in the " Final Purchase Price Acknowledgment."
3. PAYMENT.
3.1. Total Purchase Price. The Total Purchase Price shall be payable to Seller in United States Dollars ("USD") as follows: $8,300.00 "Deposit" paid upon execution of this Agreement by Buyer. The Deposit has been paid in the form of debit _car($ received today) and 0. (promissory note), receipt of which is acknowledged by Seller.
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@RICHVIOND NWOAAMERICAN HOMES $445,613.00 Balance of Total Purchase Price due at Closing subject to closing adjustments, addition of On-Site Options and Home Gallery Selections, and application of Personalization Deposits. The balance of the Total Purchase Price shall be paid by wire transfer, certified funds, or cashier's check at Closing, as allowed bystate law.
[Buyerhasorwill have funds available at Closing to pay the balanceof the Total Purchase Price and this Agreementis not subject to the Financing Condition. Buyer shall provide Seller with verification of sufficient funds within five days of Buyer's execution of this Agreement and shall provide continued verification upon Seller's request.
[x|This Agreementis subject to the Financing Condition of this Agreement.
3.2 Deposit and Personalization Deposit. Upon selection of On-Site Options and Home Gallery Selections as defined below, or upon written agreement between Buyer and Seller for a custom change to the Home, Seller may require that Buyer provide an additional deposit (the "Personalization Deposit") in an amount determined by Seller. The Personalization Deposit shall be delivered to Seller by check made payable to the order of Seller. The Deposit and the Personalization Deposit shall be applied to the Total Purchase Price due at Closing, or, if Buyer defaults, shall serve as Liquidated Damages pursuant to the Default and Remedies provisions of this Agreement. The Deposit and the Personalization Deposit shall be non-refundable except as otherwise provided in this Agreementor by applicable law.
Except as required by applicable law and except as required if Buyer is financing the Property through a Veteran's Administration ("VA") guaranteed loan, Buyer is advised that the Deposit, the Personalization Deposit, and all other funds advanced or paid under this Agreement will not be placed in a neutral escrow. Such funds will be paid directly to Seller and may be placedin Seller's general account and used by Seller in connection with the construction of the Property or for general corporate purposes. With respect to VA guaranteed loansSeller will place any Deposit and Personalization Deposit in a trust account as required by 38 U.S.C. §3706 until Closing occurs or such Deposits are otherwise disposed of in accordance with the terms and conditions of this Agreement. All interest, if any, earned on the Deposit and the Personalization Deposit shall be retained by Seller and shall not be applied to the Total Purchase Price, unless otherwise required by applicable law.
3.3 Closing Costs and Adjustments. The Total Purchase Price does notinclude adjustments such as Buyer's share of closing costs and escrowfees to be collected at Closing, including without limitation real property transfer taxes, Loan costs and fees, improvement location certificates, or homeowners association fees and assessments. Except as otherwise provided in this Agreement, Buyer shall be responsible for all closing costs including, withoutlimitation all costs of obtaining the Loan, the Closing Agent's fees, revenue stamps, state and local transfer taxes, and all other customary settlement, closing and recording charges. General real estate taxes, general and special assessments, homeowners association assessments, if any, and all other costs and charges customarily prorated in the jurisdiction in which the Property is located will be prorated to the Closing Date based onthe latest available information. Such prorations will be final and will survive Closing.
4, FEES.
4.1 Processing Fee. Upon execution of this Agreement by Buyer, Buyer shall pay Seller a fee of $250.00 (USD) for the preparation and administration of this Agreement ("Processing Fee"). If Buyer requests and Seller approves any modifications or additions to On-Site Options or Home Gallery Selections after Buyer has finalized Personalization selections as provided in the On-Site Options and Home Gallery Selections Section, Buyer shall pay Seller a fee up to $500.00 (USD) for each modification ("Reprocessing Fees"). The Processing Fee and any Reprocessing Fees are not credited against the Total Purchase Price. The Processing Fee and Reprocessing Fees do not cover any third-party processing charges or costs, including without limitation Loan or credit processing fees, which Buyer must pay separately. The Processing Fee and Reprocessing Fees are not applicable if the Property is financed by a VA guaranteed loan.
4.2 Appraisal Fee. If Buyer owns another home that must be sold in order to purchase the Property, Seller may obtain an appraisal for that home at Buyer's cost which shall not exceed $500.00, Buyer shall pay Seller the cost of that appraisal upon the date of Buyer's execution ofthis Agreement ("Appraisal Fee"). The appraised value determined by this appraisal shall be the " Appraised Value" for purposes of the Existing Property Contingency Section of this Agreement.
PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D 1-0735-460E-AASD-9468DF8AB343
&)RICHVIOND WAZ AMERICAN HOMES The Appraisal Fee is not credited against the Total Purchase Price.
4.3 Non-Refundable. All references in this Agreement to the return of the Deposit or the Personalization Deposit to Buyer, or to the return of amounts previously paid by Buyer, shall not include Processing Fees, Reprocessing Fees or Appraisal Fees. Processing Fees, Reprocessing Fees, and Appraisal Fees are non-refundable.
5. ON-SITE OPTIONS AND HOME GALLERY SELECTIONS.
5.1 Timing for Selections. Buyer may select certain optional items, changes or modifications to the Property offered on-site by Seller ("On-Site Options"). At the time of Buyer's execution of this Agreement or prompily thereafter, Seller will schedule an appointment with Buyer to commence Buyer's selection of all colors and materials for cabinets, carpet, countertops, floor coverings and other color and design items offered by Seller (‘Home Gallery Selections"). Depending on the construction status of the Property, and if offered by Seller, On-Site Options and Home Gallery Selections may include structural, architectural, electrical, or mechanical changes, additions, or deletions to the Property. Buyer agrees to select all On-Site Qptians and to make all Home Gallery Selections within seven / twenty-one days of Buyer's execution of this Agreement. Buyer agrees to make(sUch selections within a shorter time period as may be reasonably required by Seller. Depending on the construction status of the Property, Buyer agrees that at the time Seller accepts this Agreement, certain On-Site Options and Home Gallery Selections may have already been selected by Seller and cannot be changed by Buyer. If Buyerfails to make any selection within the time limits provided by Seller, Seller may make selections for Buyer at no additional charge and those selections shall be binding on Buyer. lf Buyer elects to terminate this Agreement based on Seller's selections, Seller shall have the right to retain the Deposit and the Personalization Deposit as Liquidated Damages. Seller may charge a Late Closing Charge as provided below if Buyer's failure to timely make selections results in a delay in the Completion of the Property.
5.2 Personalization. Home Gallery Selections and On-Site Options are sometimes collectively referred to as "Personalization" and may reference standard options at no additional charge as well as selections for which Buyerwill pay additional charges. Personalization not included in a Job Initiation Order shall be subsequently agreed to in writing on Seller's Change Order. Buyer agrees that no Personalization is binding upon Seller without Seller's Job Initiation Order or Change Order approved and signed by an authorized representative of Seller. If this Agreement is subject to the Existing Property Contingency or the Financing Condition, Buyer agrees that Seller shall have the right to modify any Personalization selected by Buyer, at no additional charge, if Seller reasonably believes that the Personalization may adversely affect the marketability of the Property. Seller reserves the right to refuse to install any Personalization which Seller believes may cause the Total Purchase Price to exceed the Property's appraised value. Buyer agrees that certain On-Site Options and Home Gallery Selections may not be offered in all homes. Any additional cost of Personalization selected by Buyer and approved by Seller after the date of execution of this Agreement by Buyer will be added to the Total Purchase Price.
5.3. Payment of Personalization Deposit. The Personalization Deposit shall be paid by Buyer upon execution by Buyer and acceptance by Seller of any Change Order. After Buyer hasfinalized Personalization selections as documented in Seller's Change Orders, a Reprocessing Fee will be charged for Personalization changes. Additions or changes to Personalization selections, other than those required due to unavailable Personalization selections, must be agreed to in writing on Seller's Change Order and the Reprocessing Fee shall be paid upon execution of the Change Order. Seller may choose not to commenceinstallation of Personalization selections until Seller receives the Personalization Deposit.
5.4 Unavailable Personalization. If any Personalization selections (i) are unavailable or will not be available for installation for any reason, (ii) would be incompatible with the Plans, (ili) would require Seller to materially alter or modify work already performed, (iv) are subject to an increase in price beyond whatis included on any price sheet provided to Buyer and approved by Seller, or (v) will result in a delay in Seller's construction schedule or in Closing, then such Personalization may be deemed unavailable by Seller and Buyer shall make new Personalization selections within five days after receipt of notice from Seller.
5.5 Failure to Provide Personalization Selections. !f Seller does not provide the requested Personalization, Seller will refund the portion of Buyer's Personalization Deposit and any Reprocessing Fee for the Personalization not provided. The proportionate refund of Buyer's Personalization Deposit and Reprocessing Fee will be Seller's only obligation for not providing
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the Personalization, and any such omission shall have no other effect upon this Agreementor the responsibilities of Buyer or Seller under this Agreement. If an incorrect Personalization is installed, then Buyer's sole right and remedy shall be repair and/or re-installation of the Personalization in question or, at Seller's option, Seller will refund Buyer's Personalization Deposit and Reprocessing Feeas to thatitem.
5,6 Appraisal. An appraiser may not give value to Personalization and lot premiums. If Buyeris obtaining a Loan or paying cash and the Total Purchase Price, including Buyer's Personalization selections, exceeds the appraised value, Buyer shall remain responsible for paying the Total Purchase Price, including the amount by which the Total Purchase Price exceeds the appraised value of the Property exceptin the case of VA guaranteed or Federal Housing Administration (" FHA")insured financing as described in the Financing Condition Section.
6. FINANCING CONDITION. 6.1 Loan. f Buyer is obtaining a Loan to pay all or part of the Total Purchase Price ("Financing Condition"), Buyer's obligation to purchase the Property is conditioned upon Buyer promptly obtaining a written loan commitment from a lender satisfactory to Seller subject to conditions acceptable to Seller ("Loan Commitment"). Buyer shall use best efforts to obtain the Loan Commitment within thirty days after the date of execution of this Agreement by Buyer ("Loan Commitment Date"). The Loan Commitment shall commit the Lender to lend money to Buyer for the purchase of the Property ("Loan").
6.2 RESPA Notice. As required by the Real Estate Settlement Procedures Act of 1974, as amended or reenacted ("RESPA"), Seller notifies Buyer that Seller has business relationships with HomeAmerican Mortgage Corporation ("HomeAmerican"), American Home Title and Escrow Company ("AHT"), and American Home Insurance Agency (known as AHI Insurance Agencyin California) ("AHI") as more fully described in the attached Addendum titled Affiliated Business Arrangement Disclosure Statement. Because of these relationships, referrals to these companies may provide Seller a financial or other benefit.
6.3 Loan Application. Buyer shall apply for a Loan with either HomeAmerican or another lender of Buyer’s selection ("Lender"), within seven days of the date of execution of this Agreement by Buyer. The loan application shall not be considered complete for purposes of this Agreement unless ail information requested by Lender to complete the loan application has been provided to Lender. Buyer agreesto inform Seller on an ongoing basis of the status of the loan application. Buyerauthorizes Seller to contact Lender to determine the status of Buyer's loan application and consents to Lender's disclosure ofthis information to Seller. Buyer will notify Lender and Seller of any change in circumstances at any time during the term of this Agreement that may affect Buyer's ability to obtain a Loan or to purchase the Property. Buyer will fully cooperate with Lenderin processing the loan application and takeall action necessary to comply with all Lender requirements in a timely manner.
Seller may, at any time after Buyer's receipt of the Loan Commitment, give Buyer written notice that Seller in good faith believes Buyer may no longer qualify for a Loan of the type and/or amount necessary for the purchase of the Property. Within seven days of Seller's delivery of such written notice to Buyer, Buyer shall provide to Seller a Loan Commitment dated no earlier than seven days prior to Seller's request and conditioned only upon receipt of a satisfactory appraisal of the Property.
Buyer acknowledgesthat(i) interest rates and loan costs fluctuate and mayincrease or decrease between the date of execution of this Agreement by Buyer and the Closing Date, and (ii) delays in construction of the Home or in Closing might result in higher interest rates, higher or additional costs, or expiration of the Loan Commitment. To the fullest extent permitted by applicable law, Buyer waives any rights or remedies against Seller that Buyer may have, nowor in the future, for any fluctuation in the value of Buyer's Existing Property, changes in interest rates, higher or additional costs, or expiration of the Loan Commitment.
6.4 Failure to Obtain Loan Commitment; Extensions. If Buyer fails, despite best efforts, to obtain the Loan Commitment by the Loan Commitment Date, then the Loan Commitment Date may be extended by an authorized representative of Seller. Seller may in its sole discretion require Buyer to make application (as provided above) with at least two additional qualified Lenders. If Buyer fails, after full cooperation, to timely provide a written Loan Commitment,Seller may terminate this Agreement, and the Deposit, and the Personalization Deposit shall be refunded to Buyer, except that portion attributable to Personalization selections already ordered by Seller, and both parties shall be relieved of further obligations under this Agreement. It is expressly agreed with respect to VA guaranteed loans only, that if Buyer's application for VA
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@ RICHVIOND oI} HOMES guaranteed financing is rejected by the Lender, Buyer may terminate this Agreement and, notwithstanding any contrary provision in this Agreement, Buyer will receive a refund of the Deposit and Personalization Deposit.
6.5 Loan Commitment. Once the Loan Commitmentis issued, Buyer will be deemed to have accepted the Loan Commitment unless Buyer otherwise notifies Seller in writing within two days after issuance of the Loan Commitment. If Buyer gives Seller such notice within the two day period, then Seller may terminate this Agreement, or, in its sole discretion, extend the Loan Commitment Date in accordance with the preceding paragraph. Once Buyer accepts the Loan Commitment, the Deposit and the Personalization Deposit shall be non-refundable to Buyer except as may otherwise be expressly set forth in this Agreement and except with respect to VA guaranteed loans, and Buyer agrees to use best efforts to satisfy all Loan Commitment conditions.
lf Buyer has obtained a Loan Commitment but thereafter (a) Buyer's Loan Commitmentis terminated or rescinded and Buyer gives Seller immediate notice of such termination, and Buyer is unable to obtain and deliver a replacement loan commitment within such time as Seller may allow for such purpose, or (b) Lender for any reason declines to fund the Loan to Buyer, then Buyer shall be deemed ito be in default under this Agreement and Seller may immediately exercise all of its rights and remedies under this Agreement, including the right to retain the Deposit, the Personalization Deposit and all other amounts paid by Buyer to Seller. With respect to VA guaranteed loans only, Buyer will receive a refund of the Deposit and Personalization Deposit if Buyer's Loan Commitmentis terminated for any reason..
6.6 Sale or Lease of Buyer's Real Property. If Buyer obtains a Loan Commitment conditioned upon the sale or lease of Buyer's present home or other real property before the Loan will be funded, then this Agreement will automatically be deemed subject to the Existing Property Contingency Section of this Agreement.
6.7 Waiver of Financing Condition. Buyer may waive the Financing Condition at any time by written notice to Seller accompanied by evidence satisfactory to Seller that Buyer has, or prior to Closing will have, sufficient funds for Closing. If the Financing Condition is waived, the Deposit and the Personalization Deposit shall be non-refundable to Buyer except as may otherwise be expressly set forth in this Agreement.
6.8 Appraisal Requirements for FHA Insured Financing and VA Guaranteed Loans. Notwithstanding any contrary provision in this Agreement, if Buyer is obtaining VA guaranteed or FHAinsured financing, Buyer will not be obligated to complete the purchase of the Property or incur a loss of the Deposit if the Base Price of the Property, plus the portion of the Personalization that is to be included in the Loan, exceeds the Property's appraised value as described in a direct endorsement by the Federal Housing Commissioner or a certificate of reasonable value from the VA, as applicable. In such event, if Buyer is obtaining VA guaranteed financing and fails to provide notice of Buyer's election to proceed or provides notice to Seller that Buyer does not desire to proceed with this Agreement, this Agreement shall terminate and the Deposit and the Personalization Deposit shall be refunded to Buyer. If Buyer is obtaining FHA insured financing, and fails to provide notice of Buyer's election to proceed or provides notice to Seller that Buyer does not desire to proceed with this Agreement, this Agreement shall terminate and the Deposit and the Personalization Deposit, except that portion attributable to Personalization selections already ordered by Seller, shall be refunded to Buyer. Buyer may elect to proceed with the purchase of the Property without regard to the Property's value established by FHA or VA by providing notice to Seller of Buyer's election to proceed within three days of Buyer's receipt of the direct endorsementor certificate of reasonable value, as applicable. The value established by FHA or VA determines the maximum loan amount FHA will insure or VA will guarantee. Buyer agrees that FHA and VA do not warrant the value, condition or workmanship of the Property, and that Buyer should satisfy itself that the price, condition and workmanship of the Property are acceptable.
7. EXISTING PROPERTY CONTINGENCY, The parties agree as indicated by the checked box below:
7.1 Designation of Contingency (check only one box):
_X. This Agreement is NOT subject to an Existing Property Contingency as defined below.
Buyeris required to sell or lease its existing property located at ("Existing Property") and the sale and closing or lease of the Existing Property is a contingency to Buyer's obligation to purchase the Property ("Existing Property Contingency’).
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lf the Existing Property Contingency is checked, Buyer agrees to either (A), (B), or (C) below (check only one box):
[_] (A) Buyerhas entered into a contract with a qualified purchaserto sell the Existing Property. Buyer will provide Seller a copy of its executed contract within three days of Buyer's execution of this Agreement.
a (B) Buyerhaslisted, or will list within seven days of Buyer's execution ofthis Agreement, the Existing Property with a qualified, licensed real estate broker/agent who is a member of the multiple listing service ("MLS") in the area of the Existing Property. Buyer agrees that the Existing Property will belisted in the MLS at a price that does not exceed the Appraised Value. The Appraised Value of the Existing Property will be determined by the appraisal obtained by Seller as set forth in the Fees Section of this Agreement. If the Appraised Value of the Existing Property is less than the currentlisted price of the Existing Property, Buyer shall cause the price of the Existing Property to be adjusted to the Appraised Value. Buyer shall provide Seller a copyof the Listing Agreement and evidence of the MLS listing within seven days of: (i) Buyer's execution of this Agreement, or(if) Buyer's execution of the Listing Agreement, whicheveris later.
EL] (C) Buyer is required to lease its Existing Property as a condition to Buyer's obligation to purchase the Property. Buyer has listed or advertised or, within thirty days following commencement of construction of the Home, will list or advertise its Existing Property for rental at a rate and in a manner acceptable to Seller, and Lender, if any. Buyer shail provide Seller evidenceofthelisting or advertisement within three days following Buyer’ s listing or advertisement of the Existing Property.
Buyerwill be in default if Buyer fails to comply with anyofits obligations provided in this Section, and the Default and Remedies provision of this Agreement shall control.
7.2 Existing Property Contingency Period. If this Agreement is subject to the Existing Property Contingency, the Existing Property Contingency must be satisfied or waived by Buyer on or before i) the commencementof the installation of drywall in the Home, or ii) sixty days from Buyer's execution of this Agreement, whichever occurs first ("Contingency Period”). During the Contingency Period, Seller may continue to offer the Property for sale to the general public on such terms and conditions as Seller may determine and the Property may besold to a non-contingent buyer at any time. If Seller notifies Buyer of an offer to purchase the Property during the Contingency Period, Buyer shall be required to execute an Addendum removing or waiving the Existing Property Contingency and demonstrating to Seller's satisfaction the ability to perform in accordance with the terms of this Agreement. If Buyer does not execute the Addendum within 24 hours following notice by Seller of the third-party offer, this Agreementshall automatically terminate. If the Existing Property Contingency has not been satisfied or waived on or before the expiration of the Contingency Period, Seller may terminate this Agreement. Upon termination pursuant to this Section, the Deposit and the Personalization Deposit shall be refunded to Buyer, except that portion attributable to Personalization selections already ordered by Seller.
7.3. Multiple Moves. If the Existing Property is sold or rented prior to Closing, Buyer may need to secure alternate housing and move multiple times. In no event will Seller be responsible for alternate housing, moving expensesor other costs incurred by Buyer.
8. HOMEOWNERSASSOCIATION. Seller will deliver to Buyer a copy of any declaration of covenants, conditions and restrictions, design guidelines, rules and regulations ("Covenants") affecting the Property and a copy of the Articles of Incorporation and Bylaws ("Articles and Bylaws") of all homeowners associations for the Subdivision, if any, before or at Closing, or as provided by law. Buyer agrees to complywith all of the terms, conditions, and obligations set forth in the Covenants and Articles and Bylaws, as they may be amendedfrom time totime, including the obligation to pay assessments, initial reserves, and working capital contributions. Some Covenants contain dispute resolution provisions requiring arbitration of disputes between homeowners and the builders of their homes. If the Covenants contain such dispute resolution provisions, and provided that the Covenants do not prohibit alternative dispute resolution procedures, Buyer and Seller agree to resolve disputes between them in accordance with the provisions of this Agreement and notthe dispute resolution provisions of the Covenants.
9, TITLE INSURANCE. Buyer and Seller agree the title insurance company and closing agent for the transaction ("Closing Agent") shall be as set forth in the Title Insurance and Closing
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@ RICHVIOND ONT} HOMES Costs Addendum. On or before Closing, the designated title insurance companywill issue title insurance commitment to Buyer for review identifying recorded documents ("Title Commitment") which affect the title, ownership and use of the Property. The Closing Agent shall conduct the Closing in accordance with the Closing and escrow provisions of this Agreement and the Title Insurance and Closing Costs Addendum. Subsequent to Closing, Buyer shall receive a standard coverage title policy in a form promulgated by the American Land Title Association or California Land Title Association or such equivalent policy authorized by the state in which the Property is located ("Owner's Policy") insuring Buyer's ownership of the Property in the amountof the Total Purchase Price, subject to the exclusions and exceptions as referenced in the Title Commitment. The premium for the Owner's Policy shall be paid in accordance with the custom and practice in the applicable jurisdiction as provided in the Title Insurance and Closing Costs Addendum.
10. CONSTRUCTION.
10.4 Home Construction. Copies of the Plans approved by the applicable governing authority are available for inspection at Seller's office during normal business hours. Plans are copyrighted by and are the property of Seller, and copies will not be provided to Buyer.
Upon Buyer's request, and if available, Seller will provide any existing written report on the soil investigations, analyses and tests performed by an independentsoil engineerin the Subdivision in which the Property is located. Buyer accepts the soil conditions of the Property and foundation design and floor slabs and footings installed thereon without any expressed or implied warranties other than those contained in the Limited Warranty.
Buyer acknowledges that the Home, as selected by Buyer, may not fit within the Property boundaries in a manner that complies with the Covenants, or with governmental or quasi- governmental regulations. In such event, Buyer shail select alternate plans offered by Seller for the Lot or select an alternate lot if an alternate lot is available. If Buyer and Seller cannot agree on alternate plans, pricing, or other material matters related to the alternate selection, Buyer may terminate this Agreement, and the Deposit and the Personalization Deposit shall be refunded to Buyer.
Buyer agrees that the Home is not being built to the precise elevations, style, square footage, design or specifications of the Plans, or the specifications or design of any model homes or as shown in brochures, advertising and promotional media displayed by Seller which are for advertising and display purposes only. There are multiple methods available to calculate square footage and square footage estimates may vary based on the method. Any estimate by Seller of the square footage of the Property or the Home may not be exact andis not for Loan, valuation or other purposes.
Buyer agrees changes or substitutions in the construction of the Home may be made during construction as may be required by any governmental or quasi-governmental authorities or by the architectural committee of the homeowners association for the Subdivision, or as Seller may deem necessary, provided that in any such event, substitutions or changes are of comparable quality. Lot grades, lot areas, lot shape, building elevation and location, and the location of fences, utilities, walks, and driveways may be established and changedin Seller's sole discretion.
Seller is not acting as a contractor or agent for Buyer in the construction of the Home. Prior to Closing, Buyer shall have no right, title or interest in the Property, other than the right and obligation to purchase the Property in accordance with the terms of this Agreement. Seller may use one or more contractors, subcontractors and suppliers in the construction of the Home. These contractors are independent contractors of Seller, not agents of Seller. Buyer has no rights under any agreement between Seller and its contractors, subcontractors and suppliers.
10.2 Existing Natural Features. Seller reserves the right to remove any existing natural features, vegetation and trees on the Property as Seller in its sole discretion deems necessary to construct the Home. Seller shall not be responsible for any damage to existing natural features, trees or vegetation remaining following construction and makes no warranty or representation as to the survival of any existing trees or vegetation.
10.3 Surrounding Development. Buyer shall independently investigate the current and future uses of all property within, adjacent to, and nearby the Subdivision, and may not rely on any statements of Sales Associates, agents or brokers, or any brochures or displays in Seller's sales office about the use or character of any property. Buyer takes the Property subject to, and accepts the conditions of the property within, surrounding, adjacent to and nearby the Subdivision, and any state of facts which physical inspection of the Property and relevant public records would disclose, including withoutlimitation, public utility poles, railroad tracks, and electric powerlines. If Seller is a
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@e RICHVIOND @ RICEM HOMES developer of the Subdivision, Seller reserves the right to develop the Subdivision according to Seller's plans, which may change from time to time. Seller has the right at any time, without notice, to elect in its sole discretion to (i) change the style, design, size, or price of homes that Seller maybuild, (ii) change the site features and amenities, site grades and drainage, (ili) cease construction and sale of homes within the Subdivision, or (iv) sell the land within the Subdivision. Seller may use any method of marketing to sell, lease or otherwise dispose of Seller's homes, including without limitation the use of incentives, concessions, price reductions, lot sales programs, bulk sales or other promotions and techniques.
11. INSULATION. Insulation is any material primarily used to slow down heat flow and may be mineral or organic, fibrous, cellular, reflective, synthetic or of other makeup. It may bein rigid, semi-rigid, flexible, loose or self-supported forms. Insulation for purposes of 16 CFR §460.16 does not include pipe insulation or any kind of duct insulation except for duct wrap. R-value means the resistance of insulation to heat flow; the higher the R-value, the greater the insulating power. The thickness of any insulation for any product rating or R-value is provided by the applicable insulation manufacturer and may vary from manufacturer to manufacturer and may vary depending on the type ofinsulation or the method of placement, but the product rating or R- value will be equivalent.
The Insulation Disclosure Addendum provided by Seller identifies the type, thickness and R-value of insulation installed or to be installed in the Home as required by 16 CFR §460.16. Where there is more than one value for each componentor location listed in any insulation Disclosure, the R-value listed will be the predominant value or the value covering the largest area. If any insulation for any componentor in any location has a type, R-value or thickness different from thatlisted in an Insulation Disclosure the Home shall be considered compliant if the total thermal performance of all components and locations provided is equivalent to or exceeds the total thermal performanceof all components and locations identified in the Insulation Disclosure.
Seller has not made its own independent determination of the R-value of any insulation and relies solely upon the R-value data provided to it by the applicable insulation manufacturer and/or installer. Seller reserves the right to substitute a different type of insulation, insulation of a different thickness and/or insulation with a different R-value for any componentor at any location in the Home from that identified in the Insulation Disclosure, and Seller will provide Buyer with an updated insulation disclosure setting forth the type, thickness, and R-value of the substitute insulation that has been or will be installed for any componentor location in the Home as soon as reasonably practical after the information is made available to Seller ("Amended Insulation Disclosure"). The Amended Insulation Disclosure may be in the form of a certificate posted in the Home. Seller may offer different or additional insulation as an On-Site Option or a Home Gallery Selection. If Buyer selects additional or different insulation it may vary from the insulation type, R-value or thickness identified in the Insulation Disclosure, but will later be set forth in an Amended Insulation Disclosure.
12, COMMENCEMENT AND COMPLETION OF CONSTRUCTION.
12.1 Commencement. Seller retains sole discretion as to the time for the commencement and continuation of construction on the Property, but, subject to Delays (defined below), Seller is obligated to Complete the Home within two years from the date that Buyer executes this Agreement and delivers the executed Agreement to Seller (‘Home Completion Deadline"). Seller intends its obligation to complete construction of the Home to comply with the requirements for an exemption set forth in 15 USC §1702(a)(2) of the Interstate Land Sales Full Disclosure Act ("ILSA Exemption"). Seller may choose not to commence or continue construction on the Property until Buyer has obtained a Loan Commitment or until Buyer has finalized its Personalization, provided Seller meets the Home Completion Deadline.
12.2 Delays. If Seller is unable to complete construction of the Home by the Home Completion Deadline, Seller shall have such additional time for completion of construction as Seller has been delayed because of acts of God, impossibility for reasons outside of Seller's control, war, civil disorder, acts of terrorism, the failure of Buyer to make timely decisions relating to construction of the Home required by this Agreement and other causes of a similar nature relating to construction of the Home that are outside Seller's control (“Delays”) if such causes are recognized as legitimate defenses to contractual obligations ("Contractual Defenses") under the laws of the state and federal jurisdiction where the Property is located and do not render the obligations of Seller illusory. If there is an ambiguity regarding whether or not there are Delays, the ambiguity shall be viewedin a light most favorable to Buyer and imposing an obligation on Seller, it being the intention of Seller and Buyer that the provisions of this Agreement shall be construed in a manner consistent with this Agreementsatisfying the ILSA Exemption. Delays are not a default by Seller under this Agreement, and Seller shall not be liable to Buyer in any respect for any damages, losses, liability, claims, costs, or fees, including without limitation attorneys’ fees, arising out of or relating to any Delays.
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412.3 Completion. The date on which final certificate of occupancy, a temporary certificate of occupancy, or a final inspection and approval for occupancy is issued by the appropriate governing authority ("Certificate of Occupancy") allowing the Home to be lawiully occupied, shall be deemed the date on which Seller has completed construction for purposes of this Agreement ("Complete or "Completion"). Buyer acknowledges that, except for the Home Completion Deadline, Seller makes no representation or warranty as to the actual date for Completion and any arrangements made by Buyer for move-in or occupancy of the Home shall be at the sole risk of Buyer.
12.4 Inability to ConveyTitle. If Seller is unable to convey title, the Closing Date shall be extended up to forty-five days. When Seller is able to convey the title, Seller shail notify Buyer and the parties shall proceed to Closing within five days after such notice is provided to Buyer. If Seller does not obtain the title, Buyer may terminate this Agreement by giving written notice to Seller. Upon such termination, if Buyer is not in default, the Deposit and the Personalization Deposit shall be refunded to Buyer and Seller shall be released from all liability for any damages by reason ofits failure to close.
43. BUYER'S ACTIONS BEFORE CLOSING; DAMAGES OR INJURY. Buyer shall be accompanied by an authorized representative of Seller when entering the Property. Buyer assumes all risks and waives all claims against Seller for injury or loss resulting from or in connection with any inspection or entry on the Property by Buyer, Buyer's agents, or Buyer's invitees, and Seller shall not be responsible or liable in any way for any damage or injury to person or property resulting from such inspection or entry. Buyer shall indemnify, defend and hold Seller harmless from and against anyliability or loss arising out of or in connection with any such entry. Prior to Closing, Buyer shall not perform any work on or supply any materials to the Property. Buyer shall not issue any instruction to or otherwise interfere with Seller's contractors, subcontractors, or suppliers. Buyer shall not occupy the Property, or deliver any personal possessionsincluding furnishings to the Property prior to Closing.
14. RISK OF LOSS.Seller shall bear the risk of loss, injury or damage to the Property caused by fire or other casualty prior to Closing, except for damage doneor caused by Buyer, Buyer's agents, or Buyer's invitees (other than the authorized representatives of Seller), or any individual entering the Property at Buyer's direction, for which Buyer shail be solely responsible. All risk of loss shall pass to Buyerat Closing.
15, NOTICE OF COMPLETION AND GUIDED TOUR ORIENTATION.
45.1. Guided Tour Orientation. Seller shall notify Buyer of Completion of the Home ("Notice of Completion") and schedule a time and date for Buyer and Seller to perform a walk-through inspection of the Property and for Buyer's homeowner orientation ("Guided Tour Orientation”). The purposes of the Guided Tour Orientation are to demonstrate the Home and identify items that are to be addressed. The Guided Tour Orientation is to be performed by Buyer and Seller. An inspection by a third-party, such as a home inspector engaged by Buyer to inspect the Property, may be performed in accordance with the Third-Party Inspection Section of this Agreement.
15.2 Guided Tour Item List. At the Guided Tour Orientation, Buyer and Seller will agree upon those items that need to be completed or corrected because they are not in substantial accordance with the requirements of this Agreement and the expressed standards of the Limited Warranty ("Guided Tour Item List"). Seller shall have no obligation to make repairs or corrections not otherwise required by this Agreement or the Limited Warranty. Execution of the Guided Tour Item List by Buyer shall evidence Buyer's acceptance of the Home subject to the Guided Tour Item List and the Limited Warranty. The existence of Guided Tour Item List items or other non-structural construction imperfections shall not render the Home incomplete, or entitle Buyerto terminate this Agreement, withhold or escrow funds at Closing, or delay the Closing, as long as a Certificate of Occupancy has been issued for the Property. The items in the Guided Tour Item List will be completed or corrected prior to or within a reasonable time after Closing. Following two days’ advance notice from Seller, Buyer will provide Seller with access to the Home after Closing during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p. m.) for purposes of completing the Guided Tour Item List and Limited Warranty items. If the Home is Complete and Buyer does not agreeto the itemsto be included in the Guided Tour Item List, Seller, in its sole discretion, may by written notice to Buyer terminate this Agreement or may postpone Closing and seek to resolve the dispute through the mediation and arbitration provisions of this Agreement. If Seller terminates the Agreement underthis Section, the Deposit and the Personalization Deposit shall be retained by Seller as Liquidated Damages, and both parties shall be relieved of further obligations under this Agreement. !f Buyer fails to attend the
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@ RICHVIOND RICEHM HOMES Guided Tour Orientation, then Buyer shall be deemed to have accepted the Property in its "as is" condition at Closing, subject only to the Limited Warranty.
15.3. Post Closing Escrow. If applicable law or Lender requires an escrow for the completion of the outstanding items in the Guided Tour Item List, then Seller may (i) elect to postpone Closing until such items have been corrected, or (ii) create an escrow with the Lender, title insurance company or Closing Agent, and deposit the amount determined by Seller or Lender to represent the reasonable cost, or, if required by applicable law, the fair market value of completing the outstanding items. Lender's election to require an escrow will not modify or alter the definition of Completion as provided in this Agreement.
16. THIRD-PARTY INSPECTION. If Buyer desires to have a third-party inspect the Property before Closing, Buyer shail give Seller the completed "Request for Entry” provided by Seller. Any such inspection shall be scheduled by Seller. Seller may require the third-party to sign an entry permit provided by Seller before entering the Property. Seller's consent to such an inspection may be conditioned upon receipt of evidence that the third-party has licenses and insurance coverage acceptable to Seller. Buyer will provide Seller with a full, correct copy ofall reports prepared by the inspector. Buyer agrees that any such inspection is solely for Buyer's own information and that, except as may be required by applicable law, Seller will not be obligated to correct any conditions noted by any third-party requested or directed by Buyer to inspect the Property. The only corrections that will be made will be those listed in the Guided Tour Item List and as required pursuant to the Limited Warranty.
17. BUYER REPRESENTATIONS.
17.1 Occupancy. Buyer represents that it is not purchasing the Home as an investment property and agrees to occupy the Home as Buyer's principal residence or as a second home.
17.2 OFAC. Buyer represents and warrants, under penalty of law, that neither Buyer nor any personsor entities holding any legal or beneficial interest whatsoever in Buyer in the event Buyer is not an individual ("Buyer Parties") are (i) the target of any sanctions program established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury ("OFAC"); (ii) designated by the President pursuant to the Trading with the EnemyAct, 50 U.S.C. 4301, et seq., the International Emergency Economic Powers Act, U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56, or Executive Order 13224 (September 23, 2001); or (iii) named in the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons" ("SDN List"), Upon execution of this Agreement, Buyer gives Seller and its representatives permission to search the SDN List for inclusion of the name of Buyer and Buyer Parties. Additional personal information may be required in order to accurately determine if Buyer or Buyer Parties are the names included on the SDN List and Buyer agrees to provide such additional information. In the event the name of Buyer or Buyer Parties is included on the SDN List, Buyer shall be in default and Seller may terminate this Agreementin accordance with the terms of Section 24.1.1.1 below.
18. CLOSING.
18.1 Closing Date. When determined, Seller will give Buyer notice ("Closing Notice") of the date, and, if applicable, hour and place of Closing at which Seiler will deliver title and possession of the Property ("Closing Date"). Buyer shall take all necessary steps to be prepared for Closing on the Closing Date. "Closing" is defined as delivery oftitle to the Property to Buyer and disbursement of the Total Purchase Price to Seller, subject to closing costs and adjustments. Buyer agrees that until the Closing Notice is provided, any dates discussed for Closing are estimates subject to change and mayvary widely.
18.2 Tax Protests. Seller reserves the right, in its sole discretion, to seek tax reductions for the Property for any period prior to the Closing Date, and Buyer shall not be entitled to any refunds resulting from Seller's actions. Buyer assigns to Seller any andall right, title or interest Buyer may havein and fo all tax and assessment protest actions and claims to seek tax reductions for the Property, and rights to prosecute same, for any period prior to the Closing Date, and all of Buyer's right,title and interest, if any, in and to all tax and assessment refunds or rebates now or hereafter payable for any period prior to the Closing Date. Buyer, at no costtoitself, agrees to cooperate with Seller by executing all documents requested by Seller or the appropriate governing authority to facilitate Seller's prosecution of tax and assessment protest actions and claims.
18.3 Late Closing Charge. If Buyer fails to close on the Closing Date, Seller may, in its sole discretion, charge Buyer a late charge equal to one and one half percent (1.5%) of the Total
PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D1-0735-460E-AA5D-9468DF8AB343
€® RICHVIOND @RICTM HOMES Purchase Price for each month, prorated per day after the Closing Date until the date Closing has been completed ("Late Closing Charge"). Seller's decision to charge a Late Closing Charge shall not be construed as a waiver by Seller of any other remedies Seller may have underthis Agreement. Buyer agrees to pay the Late Closing Charge at Closing.
19. CONVEYANCE. Subject to paymentof the Total Purchase Price and compliance with the other terms and conditions of this Agreement by Buyer for the Closing, Seller shall convey or cause the conveyanceof fee simple title to the Property, free and clear of all monetary liens evidencing debt of the Seller and encumbrances, except those matters listed on Schedule B of the title commitment provided to Buyer, and the following: (i) general taxes, assessments and fees for the fiscal year of Closing and all subsequent years’ taxes, assessments, and fees; (ii) easements and rights of way (actual and recorded); (iii) covenants, conditions, reservations and restrictions of record; (iv) any state of facts which an accurate survey or current physical inspection of the Property would disclose; (v) inclusion in a special improvementdistrict, fire protection district, recreation and park district, water and sanitation district or other applicable district in a municipality providing these or other services; and (vi) any items recorded at the Closing. The surface estate of the Property may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties or Seller may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer is advised to timely consult legal counsel with respectto all such matters. Possession of the Property, including possession of the keys, shall remain exclusively in Seller until the Total Purchase Price has been paid and Closing has been completed.
20. POST CLOSING.
20.1 Utilities. Within three days after the Closing, Buyer agrees to contactall utility providers for the Property and arrange for service to be changedfrom Seller's name. Seller shall pay utility service costs to the Closing Date and Buyer shall pay the costfor all utilities to the Property on and after the Closing Date, including penalties and delinquencies related to Buyer's failure to timely change service from Seller's name. If Buyer fails to timely change the responsible party, Seller may contacttheutility provider to have the utilities changed to Buyer's nameor,if a utility provider is unwilling to do so without Buyer's consent and Buyer refuses to provide such consent, to have the applicable utility service disconnected. Buyer acknowledgesthat there may be delays in obtaining certain services or certain services may not be available to the Property, such as telephone, cable TV, and/orinternet services.
20.2 Landscaping, Drainage and Grading. Except as otherwise provided in this Agreement Buyer is responsible for installation of landscaping on the Property. Whether or -not Seller installs landscaping, Buyer should review, and is solely responsible for, the homeowners association Covenants for landscaping time requirements and design criteria ("Landscaping Requirements"). Landscaping installed by Seller may not satisfy the Landscaping Requirements. Seller has graded or will grade the lot to drain in general accordance with the grading and drainage plans approved by the applicable governing authority or as depicted in the grading and drainage certificate for the Property. Any change in the surface grades, drainage or surface materials on any portion of the Property, including withoutlimitation the addition of hardscape surfaces or landscaping, or installation of pools or spas can alter surface drainage or groundwater patterns and mayresult in, at any locations on or below the Property, flooding or ponding, perched, elevated or changed water table, or increased soils moisture. Changes in grading and drainage may adversely affect subsurface or surface conditions and may result in loss or damage to the Property or the property of others and may adversely affect Buyer's coverage under the Limited Warranty. Buyer is advised to retain appropriate professionals to assist with design and installation of landscaping and other improvements. After Closing, Buyer agrees to comply with all homeowners association Covenants and governmental laws, rules and regulations regarding landscaping and stormwater management. Buyer agrees to maintain existing grading and drainage and existing stormwater and erosion control devices on the Property in good condition. Buyer assumesall risks associated with changesto the grading or drainage and for landscaping or improvements that Buyer makesto the Property.
20.3 Utility Locations, Fencing and Future Construction. Buyer agrees that(i) the location of utility lines and improvements, such as junction boxes, transformers or pedestals, may vary from the Subdivision plans; (ii) the location of postal boxes may be determined by the US Post Office and may not be subject to change; (iii) fences may encroach on either side of actual Property lines; (iv) fencing may be owned or maintained bythird parties; (v) fences or walls constructed on the Property may be for privacy or landscaping only and not for structural purposes; and (vi) the character and the use of the property surrounding and in the vicinity of the Subdivision may change. Seller will have noliability for the consequencesif Buyer attempts to use any fenceor wall
PURCHASE AGREEMENT - ARIZONA
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@ RICHVIOND WIN) HOMES
for any purpose notintended by Seller.
20.4 Community Improvements. At the time of Closing, other homes, improvements and streets in the community may not be complete. Buyer can expect certain inconveniences such as construction traffic, noise, dust, debris and congestion until the community is completed. Buyer releases Seller from all responsibility, obligation or liability for the occurrence of such inconveniences. For so long as property is being developed within the community in which the Property is located, Seller may grant and convey easements and rights of way as required by any developers, governmental authorities, utility providers or homeowners associations, or as Seller in its sole discretion deems necessary for the efficient and orderly development of the community. Buyer agrees to execute easements and rights-of-way affecting the Property as may be so required without compensation in connection with the development of the community. Seller and its subcontractors, consultants and suppliers shall have the right to enter the Property in connection with construction of improvements on any adjacent property as may be necessary or desirable in Seller's sole discretion. Seller will restore the Property to its original condition immediately prior to entry if Seller's entry results in damage to the Property. The provisions of this Section shall survive conveyanceoftitle to the Property by Buyer.
21. ENVIRONMENTAL
21.1 Radon. See attached Radon Program Addendum.
21.2 Indoor Environmental Quality. See attached Indoor Environmental Quality Disclosure Addendum.
21.3. Mold. See attached Mold Disclosure Addendum.
21.4 Limitation of Liability. Seller makes no representations or warranties, expressed or implied, about the existing or future environmental conditions of the Property. Seller expressly disclaimsliability for and Buyer expressly waivesall claims for property and/or personal injury or other economic loss resulting from environmental conditions, including without limitation radon, mold, fungus, asbestos, formaldehyde and indoor air quality.
22. ENERGY FEATURES. Thedisclosures provided in the attached Energy Wise Program Home Disclosure Addendum or the attached Energy Star Qualified Home Disclosures Addendum, as applicable, are incorporated into this Agreement.
23. REPRESENTATIONS AND WARRANTY.
23.1 Limited Warranty. Seller has constructed or will construct the Home in substantial conformance with the expressed standards of the Residential Warranty Corporation or other comparable warranty company selected by Seller ("Warranty Provider"). At or promptly after Closing, Seller will enroll the Home in a warranty program selected by Seller and offered by the Warranty Provider ("Limited Warranty") and will pay all requisite fees and premiums for enrollment. Buyer will be responsible for all deductibles and fees payable after Closing under the terms of the Limited Warranty. Buyer acknowledges receipt of a specimen copy of the Limited Warranty specifying the terms, conditions, exclusions, limitations and scope of the Limited Warranty to be provided to Buyer and the procedures for asserting a claim under the Limited Warranty. Seller shall have no responsibility to enforce performance by the Warranty Provider and shall have no liability with respect to the Warranty Provider's non-performance. Buyer agrees to sign at Closing any documents that are required for the issuance of the Limited Warranty.
23.2 Except for the representations and warranties expressly set forth in this Agreement and the Limited Warranty, and except as expressly required by applicable law, Seller is not providing any other warranties or guarantees, whether expressed or implied, including withoutlimitation any warranties of merchantability, habitability or fitness for a particular purpose, serviceability or useful life.
23.3. Buyer Responsibility. The Limited Warranty may not provide coverage for, Buyer shall be solely responsible for, and Seller shall have no liability for, damages from the negligent, inadequate or improper care or maintenance, or careless acts of Buyer or its assigns, or damages caused by overwatering or alterations made to the Property by Buyer.
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@5 RICHVIOND oI} HOMES 23.4 Consumer Products. With respect to all fixtures, appliances, and equipment installed in the Home, Seller shall assign to Buyer at Closing any applicable manufacturer's or supplier's warranties to the extent they may be assigned by Seller. Neither Seller nor Warranty Provider independently warrant any such items or any other personal property installed or located at the Property.
23.5 VA and FHA Warranty. Notwithstanding any contrary provision in this Agreement, if Buyer is obtaining VA guaranteed or FHA insured financing, Seller agrees to provide the standard VA or FHA "Warranty of Completion of Construction” to Buyer.
24, DEFAULT AND REMEDIES.
24.1 By Buyer.
24.1.1 Buyer will be in default under this Agreement if Buyer: (i) advises Seller in writing or orally that Buyer does notintend to or will not fully perform anyofits obligations under this Agreement; (li) fails to fully perform any provision of this Agreement; (iii) breaches any representations or warranties in this Agreement; or(iv) fails to close. If Buyer is in default prior to Closing, Seller may:
24.1.1.1 Terminate this Agreement, in which case the Deposit, the Personalization Deposit, and all other amounts paid by Buyer to Seller shall be paid to Seller as a reasonable estimate of Seller's damages and not as a penalty ("Liquidated Damages"). The amountof Liquidated Damagesis intended as a reasonable estimation of Seller's actual damages resulting from a breach by Buyer due to the difficulty and uncertainty in ascertaining, as of the date of this Agreement, the actual damages Seller may suffer from such a breach, which damageswill include, without limitation, the cost of administering this Agreement and the cost to take the Home off the market while this Agreement remains in effect. Except as otherwise required by the laws, rules and regulations of the state in which the Property is located (see attached Default and Remedies Addendum, if applicable), if any portion of the Deposit or Personalization Deposit are held in escrow, Closing Agent shall, immediately upon receipt of notice from Seller of Buyer's default and without any further consent required from Buyer, deliver all amounts held in escrow to Seller; or
24,.1.1.2 Extend the Closing for a specified period and, unless late fees are prohibited due to VA guaranteed or FHAinsured financing, Buyer shall pay to Seller at Closing, in addition to and not in lieu of all other amounts due from Buyer under this Agreement, a Late Closing Charge as described in the Closing Section. If Seller agrees to extend the Closing Date, Seller has no obligation to continue to extend the Closing Date, and may terminate this Agreement in accordance with the subsection immediately above upon the expiration of any extended Closing Date.
24.1.2 If Buyer is in default after Closing Seller shalt have all remedies at law or in equity.
24.2 By Seller.
24.2.1 If, prior to Closing, Seller fails to comply substantially with the terms and conditions of this Agreement, and if Buyer has complied with all of Buyer's obligations hereunder, Buyer may deliver to Seller a written notice detailing the default of Seller. Seller shall have twenty days from the receipt of such notice to cure the default, except that if the required performance cannot reasonably be completed by Seller within twenty days, then Seller shall have a reasonable time to cure the default and the Closing Date shall be extended for such period of time. No notice or cure period shall be required if Seller has failed to complete the Home by the Home Completion Deadline. If Seller has not cured the default within the time frame provided above, unless the laws, rules and regulations of the state in which the Property is located define Buyer's remedies (see attached Default and Remedies Addendum, if applicable), Buyer's sole remedy for Seller's default, prior to Closing, shall be to terminate this Agreement, in which event the Deposit and the Personalization Deposit shall be refunded to Buyer. Following termination by Buyer and the refund by Seller of the Deposit and Personalization Deposit, each party shall be relieved of any further obligations or liabilities under this Agreement.
Notwithstanding the foregoing, if Seller fails to Complete the Home by the Home Completion Deadline, provided Buyer is not then in default as to any of Buyer's obligations under this Agreement, Buyer shall have all remedies at law or in equity as a result of such failure of Completion.
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@ RICHVIOND CRIN INA HOMES It is the parties’ expressedintent that the parties’ rights and obligations under this Agreement be construed in the manner necessary to exempt and exclude this Agreement and the sale of the Property from registration underthe Interstate Land Sales Full Disclosure Act, and both parties expressly waive any right or provision of this Agreement that would otherwise preclude such exemption or exception.
24.2.2 If, after Closing, Seller fails to comply substantially with the terms and conditions of this Agreement, and if Buyer has complied with all of Buyer's obligations hereunder, Buyer may deliver to Seller a written notice detailing the default of Seller. Seller shall have twenty days from the receipt of such notice to cure the default, except that if the required performance cannot reasonably be completed by Seller within twenty days, then Seller shall have a reasonable time to cure the default.
24.3 Limitation of Seller's Liability. Unless Seller fails to Complete the Home by the Home Completion Deadline, to the fullest extent permitted by applicable law, Buyer expressly waives any right to collect from Seller compensatory, special, indirect, consequential, incidental, punitive or speculative damages, including withoutlimitation any damages based on a claimed diminution in the value of the Home or loss of benefit of the bargain. To the fullest extent permitted by applicable law, no action, regardless of form, including arbitration, arising under this Agreement may be brought by Buyer more than one year after the cause of action accrues.
25. NOTICE. Any notice required to be givenin writing under this Agreement or any demands by any party shall be delivered or be sent to the address provided on the first page of this Agreement by: (i) United States Postal Service, postage prepaid, certified mail, return receipt requested, (ii) nationally known overnight delivery service, (iii) commercial delivery service. Unless otherwise stated in this Agreement, all written notices shall be deerned to have been given and received upon delivery to the appropriate address as evidenced by the executed return receipt of the U.S. Postal Service, or by the records of the delivery service or overnight courier attempting such delivery. Any nameor address for notice may be changed by notice given to the other party in accordance with this Section. The inability to deliver a notice because of a changed address of which no notice was given, orthe rejection or otherrefusal to accept any notice, shall be deemed to be the receiptof the notice as of the date of suchinability to deliver or rejection or refusal to accept.
26. PRIVACY POLICY. Buyer acknowledgesreceipt of Seller's Privacy Policy Brochure.
27. MISCELLANEOUS.
27.1 Seller's Sales Associates do not represent Buyer as Buyer's agent in this transaction, are not authorized representatives of Seller for purposes of this Agreement, and may or may not be licensed real estate professionals as required by the laws of the state in which the Property is located.
27.2 The captions used in this Agreement are for reference only and have no effect on this Agreement or the terms and conditions contained in this Agreement. As used in this Agreement the singular shall include the plural and the masculine shall include the feminine and neuter genders as appropriate. :
27.3 All referencesin this Agreement to "days" are to calendar days unless otherwiseindicated.
27.4 Buyer shall not record this Agreement. Any recordation of this Agreement shall be a default under this Agreement, and at Seller's option in Seller's sole discretion, shall render this Agreementvoid.
27.5 Time is of the essence, and accordingly each payment, condition or covenant must be made, performed or satisfied when required in this Agreement.
27.6 No Sales Associate, broker, agent, subcontractor, supplier or employee of Seller has the authority to make any oral representation or agreement upon which Buyer mayrely to terminate, change or modify any portion of this Agreement. This Agreement may only be amended or modified by a written instrument executed by Buyer and an authorized representative of Seller. Email messages between the parties or their agents or representatives shall not amend, modify or otherwise alter this Agreement. No waiver underthis Agreementshall be effective unless in writing signed by the party against whom enforcement of the waiver is sought, and if this party is the Seller, by an authorized representative of Seller. The written waiver of any breach of any provision of this Agreement shall not constitute a waiver of a future breach of any provision of this
PURCHASE AGREEMENT- ARIZONA
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@® RICHVIOND @&)RICTM HOMES Agreement. No agreement, statement, warranty, guaranty, representation or promise made by any person which is not contained in this Agreement shall be valid or binding on Seller, even if made by a representative of Seller.
27.7 This Agreement shall be governed by and construed in accordance with the laws of the State in which the Property is located.
27.8 This Agreement shall be construed in accordance with its plain meaning and the provisions of this Agreement shall not be strictly construed for or against any of the parties to this Agreement.
27.9 This Agreementis personal to Buyer and shall not be assigned by Buyer without the prior written consent of Seller, which consent may be withheld by Seller in Seller's sole discretion. If Seller consents to an assignment, Buyer, Seller and assignee shall execute an assignment in a form acceptable to Seller binding the assigneeto all terms and conditions of this Agreement and assigning all Deposits and Personalization Deposits to assignee. Any purported assignment of this Agreement by Buyer without Seller's written consent shall be a default under this Agreement, and at Seller's option, in Seller's sole discretion, shall render this Agreement and/or the assignmentvoid. If any person whois not a party to this Agreement accepistitle to the Property at Closing, such person shall be deemed bound by all the terms and conditions of this Agreement.
27.10 If any provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall be unaffected and shall be valid and enforceable to the fullest extent permitted by applicable law.
27.11 If Buyer consists of more than one person or entity, then all such persons and entities shall be jointly and severally liable for the performanceofall obligations of Buyer hereunder.
27.12 The indemnities, waivers and remedies contained in this Agreement shall survive the Closing or the expiration or termination of this Agreement.
27.13 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall constitute one and the same Agreement.
27.14 This Agreementis a legally binding contract. If not fully understood, please seek competent legal advice.
28. STATE SPECIFIC SECTION - ARIZONA,
28.1 Construction of Improvements by Builder. Seller has entered into a separate agreement with its affiliated company, Richmond American Construction, Inc. ("Builder") whereby Builder has agreed to construct the Home on the Property on behalf of and for the account of Seller. The construction contract between Seller and Builder is separate and distinct from this Agreement and Buyer shail have no rights or obligations under such construction contract and is not a third party or other beneficiary thereunder. Buyer is purchasing the Property from Seller. Buyer's only obligations, rights and remedies exist under this Agreement with respect to Seller. Builder is obligated to Seller to construct the Home in compliance with applicable requirements of FHA and VA governmental regulations. Builder shall construct the Home in substantial conformance with the requirements of the Arizona Registrar of Contractors, and this Agreement.
28.2 Community Notification Laws (A.R.S. § 13-3825). The Community Notification of Sex Offenders Law directs the local law enforcement agency for a community to notify the community of release or relocation of a registered sex offender to the community according to guidelines established by the community notification guidelines committee. Buyer should check with the information officer of the local law enforcement agency, or, if none, the local sheriff for any notices issued under this law, or may search the registered sex offender database on www.azsexoffender. org, a website maintained pursuant to A.R.S. § 13-3827.
28.3 Post-Tension Slab Construction. Post-tensioned slab construction is intended to respond to movement of underlying soils and to reduce concrete cracking, and movement of the post- tensioned slab and concrete cracking should be expected. Non-structural damage for which no warranty is provided may occur as a result of the movement or cracking. Additionally, steel cable reinforcing incorporated into the post-tensioned slab construction is under tension and mayfail or snap. Alternative foundation construction methods exist which may have benefits that post- tensioned slab construction may not offer. These alternative methods of foundation construction are not available in this Home. Seller expressly disclaims liability for and Buyer expressly waives all claims, other than those contained in the Limited Warranty, concerning the use of post-tensioned
PURCHASE AGREEMENT - ARIZONA
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& N RICHVIOND OAAMERICAN HOMES slab construction.
28.4 Special Warranty Deed. Fee simple title to the Property will be conveyed by special warranty deed.
29. ADDENDA. The following checked Addenda are attached hereto and incorporated in this Agreementbythis reference and made a part of this Agreement. By signing this Agreement Buyer acknowledgesreceiving a copy of each of the documents and disclosures checked below. ADDENDA(Buyer Signature Required):
Xx SyatedBusiness ArrangementDisclosure Xx Alternative Dispute Resclution
x Job Initiation Order or Change Order Alternative Financing
Hung Sewer Cash Purchase Promotion Addendum
Pool Home Review Contingency
Well and/or Septic System Maintenance Model Home
Miscellaneous Addendum Propane
Lot Ownership Disclosure xX Brokerage Commission Agreement
State Specific Addenda- Arizona: (Buyer Signature Required) x Deposit Disclosure x Title Insurance and Closing Costs Affirmation or Cancellation of Purchase Amended Public Report Receipt Agreement Conditional Sale Promotion x Public Report Receipt Rounty.Community or Subdivision Specific
Acknowledgment/Acceptance of Declaration of x Contractor Notice x Covenants, Conditions, Restrictions
ADDENDA(Buyer Signature Not Required): Energy Star Qualified Home Disclosures »4 RESNETDisclosure (not system generated)
x Energy Wise Program Home Disclosure xX insulation Disclosure (not system generated)
x indoor Environmental Quality Disclosure Xx Privacy Policy Brochure
x Mold Disclosure x Warranty Specimen (not system generated)
Xx Radon Program Proximity to Airport
Select one ofthe following (only required in California, Colorado and Washington): Disclosure Post-Tensioned Slab on Ground Disclosure Slab-on-Ground/Crawl Space (CO only) (CA & CO only) Disclosure Structural Floor/Subfloor Crawl Space , (WA only) Disclosure Slab on Ground (CA only) Disclosure Structural Floor/Subfloor Crawl Space (CO only)
30. RECEIPT. This Agreement constitutes an offer by Buyer to buy and shall not be binding upon Selleruntil ratified by Seller's authorized representative by signature below. The signature of the Sales Associate is solely to acknowledge the receipt of this Agreement, the Deposit, and the Personalization Deposit, if applicable, from Buyer, and does not constitute Seller's acceptance of this Agreement.
31. ENTIRE AGREEMENT. This Agreement and the addenda identified in the Addenda Section above constitute the entire Agreement between Buyer and Seller. To induce Seller to accept this Agreement, Buyer acknowledges that: (i) there are no understandings, representations, warranties or promises of any kind that have been made to induce the execution of this Agreement, except as set forth in writing in this Agreement; (ii) this Agreement sets forth in full the entire Agreement between the parties; and (iif) Buyer has not relied on any oral agreement, statement, representation, or other promise that is not expressed in writing in this Agreement. This Agreement supersedes anyand ail prior understandings and agreements.
PURCHASE AGREEMENT - ARIZONA,
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IN ACCORDANCE WITH ARIZONA ADMINISTRATIVE CODE (R4-28-803A): THE DEVELOPER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF THE PUBLIC REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT.
BUYER(S): Offer received: DocuSigned by: DoeuSigned by:
fra. Marise November 22, 2 2a Tapia. November 19, 2021 HaWorieet Date ‘Representane Date Sales Associate License Number(if applicable):
Date Acceptance:
Date Seller accepts the above offer to purchase and the effective date of this Agreement ("Agreement Date") is November 24 20 24
Seller:
Richmond American Homesof Arizona, Inc., a Delaware Col torpigned by: Attachments: Staci Loursty
Y ASTRRTEPEEGccontative @ Name: Staci Foerster
(SS 24, 2021 Se 11/24/2021 PORebTBSEAS4... Date
This Agreementis executed by Richmond American Construction, Inc. ("Builder") {ROC206612) for the purpose of Builder’s acknowledgement of and agreementto the Alternative Dispute Resolution provisions of this Agreement. Richmond American Construction, Inc.
By: Closing Manager
Name: staci Foerster Date: 11-24-21
PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 ~15:40 PM. DocuSign Envelope ID: 892E33D1-0735-460E-AASD-9468DF8AB343
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INDEX OF DEFINITIONS
Agreement Paragraph 1 AHI Section 6 AHT Section 6 Amended Insulation Disclosure Section 11 Appraisal Fee Section 4 Appraised Value Section 4 Articles and Bylaws Section 8 BasePrice Section 2 Buyer Paragraph 1 Certificate of Occupancy Section 12 Change Order Section 2 Closing Section 18 Closing Agent Section 9 Closing Date Section 18 Closing Notice Section 18 Complete and Completion Section 12 Contingency Period Section 12 Contractual Defenses Section 12 Covenants Section 8 Defaults and Remedies Section 24 Delays Section 12 Deposit Section 3 Existing Property Section 7 Existing Property Contingency Section 7 FHA Section 5 Final Purchase Price Acknowledgment Section 2 Financing Condition Section 6 Guided Tour Orientation Section 15 Guided Tour Item List Section 15 Home Section 1 HomeAmerican Section 6 Home Completion Deadline Section 12 Home Gallery Selections Section 5 ILSA Exemption : Section 12 Job Initiation Order Section 2 Landscaping Requirements Section 20 Late Closing Charge Section 18 Lender Section 6 Limited Warranty Section 23 Liquidated Damages Section 24 Loan Section 6 Loan Commitment Section 6 Loan Commitment Date Section 6 Lot Premium Section 2 MLS Section 7 Notice of Completion Section 15 On-Site Options Section 5 Owner's Policy Section 9 Personalization Section 5 Personalization Deposit Section 3 Plans Section 1 Processing Fee Section 4 Property Section 1 Reprocessing Fees Section 4 RESPA Section 6 Seller Paragraph 1 Subdivision Section 1 Title Commitment Section 9 Total Purchase Price Section 2 VA Section 3 Warranty Provider Section 23
PURCHASE AGREEMENT- ARIZONA
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@ RICHVIOND YOGRMERICAN ROMES
ADDENDUM TO PURCHASE AGREEMENT
Affiliated Business Arrangement Disclosure Statement
Notice BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
From: Richmond American Homesof Arizona, Inc. ("Seller")
This is to give you notice that Seller has business relationships with M.D.C. Holdings, inc. ("MDC"), HomeAmerican Mortgage Corporation ("HomeAmerican"), American Home Insurance Agency, Inc. (known as AHI Insurance Agencyin California) ("American Home Insurance”) and American Home Title and Escrow Company("American Home Title").
Seller, HomeAmerican, American Home Insurance and American Home Title are wholly- owned subsidiaries of MDC. Because of these relationships, this referral may provide Seller a financial or other benefit.
Set forth below are the estimated charges or range of charges by HomeAmerican, American Home Insurance and American HomeTitle for the settlement services listed. You are NOT required to use HomeAmerican, American Home Insurance or American Home Title as a condition for the purchase of the Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
HomeAmerican - loan origination, underwriting, processing and closing services:
HomeAmerican's customary fees for the above-referenced services are paid directly to HomeAmerican and range from $0 to $550 per service. HomeAmerican may also charge discount points which fluctuate daily depending on market conditions. HomeAmerican will provide you with a Loan Estimate whichwill detail the estimated fees and costs payable for loan settlement.
American Home Insurance - homeowners and other insurance services:
American Home Insurance's customary premium charge for hazard insurance ranges from $300 to $1,400 annually depending on the location, estimated cost to replace your home, and additional riders selected for home insurance coverage. Premiums for flood insurance coverage range from $300 to $2,000 annually and premiums for earthquake insurance coverage range from $300 to $1,800 annually. Other insurance products, including by way of example only, automobile insurance, may be available through American Home Insurance for additional fees.
A financial score may be obtained in order to price certain insurance products where permitted by state law. This type of scoring employs a formula designed to objectively price the insurance risk and is one of many underwriting factors used to predict the likelihood of future losses.
American Home Title - title insurance (only in Colorado, Florida, Nevada, Maryland, and Virginia):
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
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RICHVIOND @) RICTM HOMES
Title insurance rates vary greatly from state to state and, in some states, by county. American HomeTitle's customary premium charge for a simultaneously issued standard lender's policy ranges from $50 to $2,050, depending on the county or state within which the property is located and the amountof the insured loan. A standard lender's policy does not include endorsements for mechanic's liens, environmental liens, planned unit development matters, or similar comprehensive coverage that may be requested by the lender. These endorsements may require the payment of additional premiums, which range from $20 to $250 per endorsement, depending on the applicable state or county where the property is located and the specific endorsement requested. Standard owner's title insurance premiums range from a minimum of $200 for a policy coverage amount of $5,000 to a maximum of $5,075 for a policy coverage amount of $1,000,000, depending on the applicable state where the insured property is located. Other premiums or fees paid directly to American Home Title range from $20 to $250, depending on the services performed, the county or state where the property is located, and/or the endorsement or coverage requested. Additional charges may result if coverage beyond a standard policy is requested by Buyer or Lender. All rates and fees, including requested endorsements, policy enhancements and available discounts, will be issued in accordance with the underwriter's rate filing on file with the applicable state division of insurance or as promulgated by the applicable state regulatory agency. A copy of the applicable state or county rate is available for review at the office of American Home Title. A schedule of rates is available upon request.
ACKNOWLEDGMENT
We have read this disclosure form, and understand that Seller is referring me/us to purchase the above-described settlement services and may receive a financial or other benefit as the result of this referral.
AGREED onthis date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned by:
bine. Moriset November 22, 2021 tua Tapia. November 19, 20. nawMOnSer Date ‘Repreeentsive~ Date Sales Associate License Number (if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
Date DocuSignedby:
Staci Fourster November 24, 20 ‘SuthereedRepresentative Date
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
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ADDENDUM TO PURCHASE AGREEMENT Alternative Dispute Resolution BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, this Addendum shall control. If the terms contained in the documentthat conveys the Property from Seller to Buyer ("Deed") conflicts with, varies from or modifies the Purchase Agreementor this Addendum, the terms of the Deed shall control. Subject to the foregoing, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
NOTICE: BY INITIALING THE SPACE BELOW AND EXECUTING THIS ADDENDUM, BUYER AND SELLER AGREE AND UNDERSTAND THEY ARE EACH GIVING UP ANY RIGHTS TO HAVE A "DISPUTE" (AS DEFINED IN THIS ADDENDUM) LITIGATED IN A COURT BEFORE A JUDGE ORA JURY. BUYER ALSO AGREES THAT BUYER SHALL NOT COMMENCE OR PARTICIPATE IN ANY CLASS ACTION RELATING TO ANY DISPUTE. EXECUTION OF THIS ADDENDUM AGREEING TO MEDIATION AND ARBITRATION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES TO MEDIATION, AND IF NOT RESOLVED, TO ARBITRATION. DS bs BUYER'S INITIALS: SELLER'S INITIALS:
1. Dispute. For purposes of this Addendum "Dispute" shall mean and include, without limitation, any and all controversies, disputes or claims arising out of, related to, or in any way connected with the Property, the Purchase Agreement, or any resulting transaction, including without limitation claims relating to personal injury or property damage alleged to have been sustained by Buyer, Buyer's family, other occupants of the Property, and/or invitees to the Property. 2. Mediation. Buyer agrees to personally and individually (i.e. without serving as a class representative for others, or becoming a memberof a class action commenced byothers, with respect to the Dispute) mediate any Dispute with Seller before resorting to arbitration. 2.1 Mediation is a process in which the parties attempt to resolve a Dispute by discussing the Dispute in the presence of an impartial, neutral third party authorized by the parties to facilitate the resolution of the Dispute ("Mediator"). The Mediator is not empowered to imposea settlement on the parties. The parties shall agree upon a Mediator within 30 days of written notice of a Dispute delivered by one party to the other. Delivery of a notice of Dispute shall be in accordance with the notice provisions of the Purchase Agreement. If the parties cannot agree upon the selection of a Mediator within such time period, the parties shall request JAMS, Judicial Arbiter Group, Inc. or another mutually acceptable dispute resolution service provider (as selected, the "ADR Provider") to appoint, within the shortest possible period oftime, a Mediator to conduct the mediation. 2.2 Any party who will be relying upon an expert report and/or repair estimate at the mediation shall provide the Mediator and the other parties with a copy of such reports and/or estimates. If one or more issues directly or indirectly relate to alleged deficiencies in design, materials or construction, all parties and their experts shall be allowed to inspect, document (by photograph, videotape or otherwise) and evaluate the alleged deficiencies prior to mediation, and Buyer hereby agrees to make the Property available for such purposes. 2.3 All mediation fees shall be divided equally among the parties; provided, DocuSign Envelope ID: 892E33D1-0735-460E-AASD-9468DF8AB343
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however, that Seller shall be responsible forthe first eight (8) hours of the Mediator’s time, and any administrative fees charged by the ADR Provider for suchfirst eight (8) hours of mediation. Before the mediation begins and consistent with the laws of the State in which the Property is located, the parties shall agree in writing to limit the admissibility in any arbitration or court action of anything said, any admission made, and any documents prepared in the course of the mediation.
if any party commences an arbitration or court proceeding based on a Dispute withoutfirst attempting to resolve the matter through mediation, the other party shall have the right, at any time, to cause such proceeding to be dismissed or set aside, and the commencing party shall pay all costs, expenses and reasonable attorney fees incurred by such party to have such proceeding set aside or dismissed.
3. Arbitration of Disputes. The parties agree that this transaction involves interstate commerce and that any Dispute not settled during mediation shall be resolved by binding arbitration as provided in the Federal Arbitration Act (9 U.S.C. §§1 et seq.) by the ADR Provider selected by the parties, which ADR Provider may be different than the ADR Provider that conducted the mediation, and such Dispute shall not be resolved by or in a court of law or equity. Buyer agrees to personally and individually (i.e. without serving as a class representative for others, or becoming a memberof a class action commenced by others, with respect to the Dispute) arbitrate such Dispute. A written notice of the intent to arbitrate such Dispute shall be delivered by the party desiring to arbitrate such Dispute to the other party within 30 days after the conclusion of the mediation, and otherwise in accordance with the notice provisions in the Purchase Agreement.
3.1. Except as may otherwise be expressly stated in the Deed, the arbitration shall be conducted in accordance with the rules specified by the ADR Provider (the "Rules"), but which Rules must include, and it is the express intent of Buyer and Seller that each shall be bound by,the following: 3.1.1. The arbitration shall be conducted by a single arbitrator agreed upon by the parties with at least 10 years of experience in the subject matter of the Dispute who maybe, withoutlimitation, an attorneylicensed to practice law in the State in which the Property is located with experience in real estate or construction law, or an expert in the construction industry ("Arbitrator"). If the parties cannot agree upon the selection of an Arbitrator, the Arbitrator shall be selected by the ADR Provider in accordance with the Rules. An Arbitrator shall be selected within the shortest possible period after delivery of the written notice of intent to arbitrate the Dispute. Any fees due to the ADR Provider in connection with such selection process shall be split equally by the Buyer and Seller. If the amount claimed with respect to the Dispute exceeds $1,000,000, the arbitration shall be heard and determined by three Arbitrators, unless the parties agree on a single Arbitrator. If three Arbitrators are to hear the Dispute, Buyer and Seller shall each select an Arbitrator of their choice and those two Arbitrators shall agree on the selection ofthe third Arbitrator. 3.1.2 The Arbitrator shall have exclusive authority to resolve any Dispute, including, but notlimited to any claim that all or any part of the Purchase Agreementor any addenda or amendment is void or voidable. The Arbitrator's authority is limited to resolution of the Dispute, and other claims may not be joined or consolidated with the Dispute unless agreed to in writing by all parties. The Arbitrator shall be authorized to provide all recognized remedies available at law for any cause of action, except injunctive relief. The Arbitrator shall make a determination of the Dispute as soon as possible after completion of the arbitration proceeding. The parties agree that the Arbitrator's decision shall be final and binding. To the fullest extent permitted by applicable law, Buyer and Seller agree that no finding or stipulation of fact, no conclusion of law, and no arbitration award in any arbitration shall be given preclusive or collateral estoppel effect with respect to any issue or claim in any subsequent arbitration or court action, except among the parties to the arbitration. 3.1.3 Judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction. 3.1.4 All arbitrations shall be concluded, if practicable, within 180 days of the applicable party providing a notice of intent to arbitrate the Dispute to the otherparty.
4. Severability/Additional_ Parties. The waiver or invalidity of any portion of this Addendum shail not affect the validity or enforceability of the remaining portions of this Addendum. Buyer and Seller agree: (a) any Dispute involving Seller's affiliates, directors, officers, employees and/or agents shall also be subject to mediation and arbitration as DocuSign Envelope ID: 892E33D1-0735-460E-AASD-9468DF8AB343
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described in this Addendum, and shall not be pursued in a court of law or equity; and (b) Seller may, at its sole election, include Seller's contractors, subcontractors and/or suppliers, as well as any warranty company,insurer or other necessary or proper party, as parties in the mediation and arbitration notwithstanding any contrary provision.
5. Attorney Fees/Costs. Except as expressly provided in this Addendum, each party shall bear its own costs and expenses, including attorneys’ fees and expert costs and fees, related to any Dispute, and shall not be entitled to or awardedits attorney fees or costs incurred with respect to such Dispute, or the Mediator or Arbitrator fees, or any related administrative fees. The fees and costs associated with mediation and/or arbitration proceedings will depend in large part on the nature of the Dispute. As such, it is not possible to estimate the fees and costs in advance.
6. Time for Filing/Location. In no event shall the Dispute be submitted for mediation or arbitration after the date when institution of a legal or equitable proceeding based on the underlying claims in such Dispute would be barred by the applicable statute oflimitations or statute of repose. Arbitration proceedings shall be conductedin the jurisdiction where the Property is located.
7. Consumer Due Process Protocol. Seller supports the principles set forth in the Consumer Due Process Protocol developed by the National Consumer Dispute Advisory Committee and agrees that, notwithstanding the requirements for arbitration stated in this Addendum, Buyer shall have the option, after pursuing mediation as provided herein, to seek relief in a small claims court for Disputes or claims within the scope of the court's jurisdiction in lieu of proceeding to arbitration. There shall be no appeal from a decision by a small claims court.
8. Injunctive Relief. Notwithstanding anything in this Addendum to the contrary,if either Seller or Buyer seeks injunctive relief, and not monetary damages, from a court because irreparable damage or harm would otherwise be suffered by either party before mediation or arbitration could be conducted, such action shail not be interpreted to indicate or be deemed to be a waiver ofthe right to mediate orarbitrate.
9. Binding Effect. Buyer agrees this Addendum applies to his or her heirs, successors and assigns, and Buyer intends that all such parties shall be bound hereby.
10. WAIVER OF CLASS ACTION. BUYER WAIVES THE RIGHT FOR ANY DISPUTE TO BE COMMENCED, HEARD OR RESOLVED AS A CLASS ACTION, BUYER AND SELLER EACH HEREBY WAIVE AND AGREE NOT TO ASSERT ANY CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER IN MEDIATION, ARBITRATION OR OTHERWISE, AND AGREE THATIT IS THE EXPRESS INTENT OF EACH PARTY THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURESNOT BE ASSERTED OR APPLIED WITH RESPECT TO ANY DISPUTE.
11. AGREEMENT TO MEDIATE AND ARBITRATE. BUYER AND SELLER AGREE TO HAVE ANY DISPUTE RESOLVED BY MEDIATION, AND IF NOT RESOLVED BY MEDIATION, DECIDED BY-ARBITRATION.
12. WAIVER OF JURY TRIAL. BUYER AND SELLER EXPRESSLY WAIVE THE RIGHT TO HAVE ANY DISPUTE HEARD OR RESOLVED IN A COURT BY A JUDGE OR JURY.
AGREED on this date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned by:
dua huoriset November 22, 2021 bua Tapia November 19, 20. PMCaSEe" Date ‘Repiesentaive- Date Sales Associate License Number(if applicable):
Date Seller: Richmond American Homes of Arizona, Inc,, a Delaware Corporation
Date DocuSigned by:
Stati Forty November 24, 20 “RuthGrwed-Representative Date DocuSign Envelope ID: 892E33D1-0735-460E-AAS5D-9468DF8AB343
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ADDENDUM TO PURCHASE AGREEMENT Indoor Environmental Quality Disclosure BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shail govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreementare republished and reaffirmed. Any capitalized termsin this Addendum shall have the meaning given in the Purchase Agreementunless otherwise provided in this Addendum.
L. Introduction
Residential construction involves the use of materials, supplies, goods and products (collectively, “Materials") which contain, use or produce by-products, formaldehyde, volatile organic compounds, chemicals, materials, particulates and other substances that are known to be or may later become known to be hazardous. These Materials may be under enough pressure naturally or otherwise composed of compounds and chemicals which result in emissions into the living environment ("Emissions"). These Materials include, without limitation, adhesives, appliances, including combustion appliances, cabinets, countertops, flooring and floor coverings including carpeting, insulations, paints and finishes, plywood, oriented strand board (OSB) and particleboard, roofing and roof coverings, and sealants. Emissions from Materials and from personal goods and cleaning products are always present in the Home and on the Property. Currently, energy conservation concerns and energy standards have resulted in tighter homes which trap Emissions in large quantities. The sources, pathways, types, amounts and/or concentrations of Emissions will vary depending not just on the Materials used (or selected by Buyer) but also on personal habits, practices and lifestyles.
The information described in this Indoor Air Quality Disclosure has been obtained from various third party sources, including governmental agencies and consultants. Because of constant new developments on the subject of Indoor Air Quality, Seller cannot guarantee the continuing accuracy or completenessof the information that Seller is providing to Buyer and Buyer should independently verify and seek additional information regarding any matter of concern relating to Indoor Air Quality.
Il. Health Risks of Emissions
Since Emissions are everywhere in our environment, everyone is exposed to emissions. Emissions can exist in any type of building, including homes, offices and schools. Buyer should be aware that Emissions may cause allergic reactions or affect health. Emissions can negatively affect indoor air quality and/or impact health and well being, including, withoutlimitation, triggering attacks in people with asthma, causing or increasing allergies, eye, nose and throatirritation, headaches, nausea, damage to liver, kidney, and central nervous systems and cancer in humans.
i. Reduction of Emissions
Inadequate ventilation and high temperature and humidity levels increase Emissions. Buyer is responsible for indoor air quality management, including withoutlimitation proper and routine ventilation of the Home to reduce Emissions. Seller recommends, as a minimum, regular airing of the Home by simply opening windows. Different ventilation, including whole house and/or spot ventilation, filtration, humidification, dehumidification and/or treatment devices and/or methods exist and may be helpful to improve indoor air quality and/or reduce, control or mitigate exposure to or from Emissions to varying degrees and should be explored by Buyer.
INDOOR ENVIRONMENTAL QUALITY ADDENDUM
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Seller does not have the technical expertise to ascertain or advise Buyer of the presence or significance of Emissions in the Home or on the Property whether or not Seller offers or may offer Materials with differing potentials for Emissions or any ventilation, filtration or treatment device and/or method. Buyer understands that Seller cannot design, build and sell a home free of Emissions, nor can Seller be responsible for any related health problems experienced by Buyer or other persons occupying the Home. Buyer acknowledges that prior to entering into the Agreement, Buyer has had the opportunity to satisfy itself with respect to the extent of or potential for existence of Emissions and the quality of indoor air which may be contained in the Home, potential or actual risks and harm, and potential remedial methods at the Property, and Buyer releases Seller from any and all existing or future claims, costs, expenses or liability in any way relating to such Emissions.
ACKNOWLEDGMENTAND ACCEPTANCE OF HOMEOWNER RESPONSIBILITIES
By signing the Purchase Agreement, Buyer acknowledges receipt and understanding of this Indoor Environmental Quality Disclosure and Buyer agrees to comply with the provisions of this disclosure.
INDOOR ENVIRONMENTAL QUALITY ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Mold Disclosure
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENT DATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
L Introduction
Most people are familiar with mold in at least some capacity, such as mold growth on food, mold growth in the bathroom (for example, in the shower, on the drywall, on ceiling tiles) and in other areas of the home (for example, on the windowsills). Seller has prepared this Mold Disclosure to provide Buyer with some additional information about mold to ensure that Buyer understands its responsibilities in the inhibition or prevention of moid growth in the Home.
The information described in this Mold Disclosure has been obtained from various third party sources, including governmental agencies and consultants. Because of constant new developments on the subject of mold, Seller cannot guarantee the continuing accuracy or completeness of the information that Seller is providing to Buyer and Buyer should independently verify and seek additional information regarding any matter of concerrelating to mold, health risks associated with mold, and mold prevention or cleanup.
I. What is mold and where does it come from?
Mold is a type of fungus. It occurs naturally in the environment, and it is necessary for the natural decomposition of plant and other organic material. There are numerous types of mold found in our environment. Mold spreads by means of microscopic spores borne on the wind, and is found everywherelife can be supported. RESIDENTIAL HOME CONSTRUCTION IS NOT, AND CANNOT BE, DESIGNED OR BUILT TO EXCLUDE MOLD FROM A HOME. Mold spores may enter the Home through open doorways, windows, and heating ventilation and air conditioning systems. Spores in the air outside also attach themselves to people and animals, making clothes, shoes and pets convenient vehicles for carrying mold spores indoors.
Mold naturally grows in indoor environments. In order to grow, mold spores require a food source and moisture. The food source can be supplied by decorative items, such as fabric, carpet or wallpaper, or by building materials, such as drywall, wood, and insulation, to name a few. When mold spores land on places where there is sufficient moisture, mold will begin to grow within a period of 24 to 48 hours.
Moisture in the Home comes from many sources, such as spills, leaks, overflows, condensation, broken seals around doors and windows, and damp conditions in crawl spaces. Excessive landscape watering and high humidity are common sources of home moisture. Good housekeeping and home maintenance practices are essential in the effort to inhibit mold growth. See “Prevention of Mold Growth: Homeowner Responsibilities" section below. Eliminating excessive moisture may slow orlimit mold growth.
IH. Health Risks of Mold
Since molds are found virtually everywhere in our environment, everyone is exposed to molds. Although the vast majority of molds are not known to cause health problems,
MOLD ADDENDUM
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some molds have the potential to cause adverse health effects. Whether or not a person exposed to mold is at risk for adverse health conditions generally depends upon the susceptibility of the person exposed(including age, environmental factors such as stress and health factors such as existing sensitivities to allergies, underlying lung disease and suppressed immune systems), the amount of exposure and the type of mold. Experts disagree about the level of mold exposure that may cause health problems, and about the exact nature and extent of the health problems that may be caused by mold. Common health concerns associated with molds include hay fever-like allergic symptoms similar to those caused by plant pollen and animal dander (for example, fatigue, headaches, respiratory ailments, aggravation of asthma, nasal stuffiness or runny nose, cough, congestion, eye, nose, throat and skin irritation). Less frequent but more severe health concerns which may be linked to mold exposure include, but are notlimited to, chronic fatigue, central nervous system problems, lung disease and immune suppression. Research on mold and its health effects is on-going. Naturally, common sense dictates that Buyer should consult a physician regarding any symptoms of concern to Buyer.
IV. Inhibition/Prevention of Mold Growth: HomeownerResponsibilities
Currently there are no federal, state or local standards that establish permissible limits for exposure to mold. Since microscopic mold spores exist everywhere naturally in our environment, mold cannot be prevented or removed entirely. Sinceit is impossible for a hometo be entirely free of mold spores, and since mold can grow on almost anything, the only wayto inhibit mold growthis to eliminate excessive moisture in the home. All visible mold should be removed immediately. See "Mold Cleanup” section below.
Homeowners must take positive steps to eliminate excessive moisture in the Home, and thereby inhibit mold growth and any possible adverse effects that may be caused by mold growth. Homeowner's responsibilities for the inhibition of mold growth include, but are not limited to, the following:
Don't Bring Mold Home: Before bringing items into the Home, check for signs of mold. Potted plants (roots and soil), furnishings, or stored clothing and bedding material, as well as many other household goods, could already contain mold growth.
Keep it Clean: Regular and thorough vacuuming and cleaning will help reduce mold levels. Mild cleaning solutions are generally effective in eliminating or inhibiting mold growth. After cleaning carpets, make sure that the carpets are completely dry before replacing furniture. Don’t close closet doors or otherwise enclose spaces until the carpets have completely dried out.
Reduce Humidity: Keep the humidity (water vaporin the air) in the home low. One of the worst things one can do is use a humidifier because they add uncontrolled amounts of moisture to the air. Vent clothes dryers to the outdoors. Ventilate kitchens and bathrooms by opening the windows, using exhaust fans, and running the air conditioning to remove excess moisture in the air, and to facilitate evaporation of water from wet surfaces. Moisture sources that increase indoor air humidity include, but are not limited to, steam from showers, baths, cooking, indoor plants, washing dishes, washing clothes, and hanging wet clothes on indoor drying lines. Periodically ventilate enclosed spaces such as closets.
Promptly Correct Leaks, Moisture and Water Damage: Since mold will generally only grow in areas that have been exposed to moisture for more than 24 hours, it is important for Buyer to repair water leaks immediately or upon discovery. Thoroughly dry any wet surfaces or material. Do not let water pool or stand in the Home. Promptly replace any materials that cannot be thoroughly dried, such as drywall or insulation. Landscape so that the original grade of the Propertyis not disturbed and the ground slopes away from the Home to prevent water from collecting under the Home. Keep sprinklers and other sources of water from spraying on the walls of the Home. Also promptly clean up spills, condensation and other sources of moisture.
Maintenance Is a Must: \t is very important that Buyer regularly maintain the Home. For example, regularly caulk the windows, faucets, drains, tub and showers. Maintain roofs and clean gutters and keep both in good repair. Heating, ventilation and air conditioning systems should have their filters replaced on a regular basis as called for in their maintenance manuals. Maintain a positive grade around the Home, so that surface water
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and sprinkler water drains away from the Home. If the Home has a sump pump, make sureit is operating properly.
Vigilance is Vital: Buyer must perform routine visual inspections for mold growth and signs of leaks, moisture or water damage. Moldy or musty odors are also a reliable indicator of the presence of mold. Inspect for signs of mold, moisture, leaks and spills on a regular basis andeliminate the source of the water immediately. Look for discoloration or wet spots on ceilings, walls, floors, and windowsills. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Do not let water stand in air conditioning or refrigerator drip pans. Look around and under sinks for standing water, water stains or mold. Take notice of musty odors and any visible signs of mold.
V. Mold Cleanup
If mold is found, it must be removed and the source of the water must be eliminated immediately. The measures taken to initiate the cleanup process are dependent on the extent of the problem. In many cases, mold can be removed by a thorough cleaning with a mild cleaning solution. If there is an extensive amount of mold, there are professional cleaning and property restoration services experienced in cleaning mold, as many items can be completely cleaned of mold. Care must be taken to ensure that safe cleanup methods are employed. Any item that cannot be completely cleaned of mold should be discarded after checking with the cleaning professional to ensure that there is no other wayto clean the item.
ACKNOWLEDGMENT AND ACCEPTANCE OF HOMEOWNER RESPONSIBILITIES
By signing the Purchase Agreement, Buyer acknowledges receipt and understanding of this Mold Disclosure and Buyer agrees to comply with the provisions of this Mold Disclosure, specifically, the “Prevention of Mold Growth: Homeowner Responsibility” and "Mold Cleanup” sections.
MOLD ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Radon Program
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A_, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shal! govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
I. Introduction
Manypeoplelive in parts of the country with elevated natural levels of radon. Radon is a radioactive gas that comes from the natural breakdown of uranium in soil, rock and water and gets into the air you breathe. Radon has been found in homesall over the United States. Seller has prepared this Addendum to provide Buyer with some information about radon to help Buyer understand whatSeller is doing to address radon in its homes, and so that Buyer understands its responsibilities with respect to radon in the home.
The information described in this Addendum has been obtained from various third-party sources, including governmental agencies. Because of changing developments on the subject of radon, Seller cannot guarantee the continuing accuracy or completeness of the information that Seller is providing to Buyer and Buyer should independently verify and seek additional information regarding any matter of concernrelating to radon, health risks associated with radon, and radon mitigation and remediation.
Il. What is radon and where does it come from?
Radonis an odorless, tasteless and invisible gas that occurs naturally in the environment. Radontypically moves up through the ground to the air above and can moveinto your home through cracks or other holes in the foundation. It can get into any type of building - homes, offices and schools - and result in a high indoor radon level. RESIDENTIAL HOME CONSTRUCTION IS NOT, AND CANNOT BE, DESIGNED OR BUILT TO EXCLUDE RADON FROM A HOME. Any home can have elevated levels of radon. This includes new and old homes, well-sealed and drafty homes, and homes with or without basemenis.
The Indoor Radon Abatement Act of 1988 directed the United States Environmental Protection Agency (EPA) to list and identify areas of the U.S. with the potential for elevated indoor radon levels. The EPA has assigned to each county in the U.S. one of three zones based on radon potential on the EPA Map of Radon Zones (EPA-R-93-071). Zone 1 indicates the highest radon potential, Zone 2 has been assigned a lowerpotential for elevated levels by the EPA, and Zone 3 has been designated as having the lowest potential for elevated radon levels. Nonetheless, individual homes in Zones 1, 2 or 3 may have elevated levels of radon.
Il. Health Risks of Radon
Experts disagree aboutthe level of radon exposure that may cause health risks. The EPA warns that long-term exposure to elevated levels can damage lung tissue and could possibly lead to lung cancer over the course of lifetime. Although there is uncertainty and disagreement in the scientific community about the magnitude of radon health risks, the EPA has advised that long-term exposure to elevated levels of residential radon may lead to lung cancer. The EPA has also advised that any health risk associated with exposure to radon is more serious for smokers.
RADON PROGRAM ADDENDUM
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The EPA recommendsthat all homes be tested for radon, whether the home contains a radon control system or not. Testing is recommended by the EPA as a wayto estimate your home's radon levels. The EPA recommends (but does not require) that active radon control systems be installed in all homes in which long-term radon test results indicate radon levels of 4 picoCuries perliter (pCi/L) or greater. However, the EPA believes that even levels below 4 pCi/L pose some risk and that nearly one out of every 15 homesin the United States is estimated to have a radon level in excess of 4 pCi/L. Radon is measured in picoCuries perliter of air.
IV. Richmond American's Program
Radon Control System Installed. Seller will install, at its cost, an active radon control system in new homesin those areas identified on the EPA Map of Radon Zones(or on an equivalent published state map prepared for same purpose) as being in Zone 1 (high) at the time of application for a building permit.
This Property is in Zone 1: Yes __ ~No __
By this program, Seller generally seeks to support the reduction of residential radon levels to below the EPA's suggested action level of 4 pCi/L on an annual average basis. In homes that have an active radon control system provided by Seller, Seller will confirm via testing of its own choosing that the average radon levels are below 4 pCi/L. Seller will use commercially reasonable efforts to provide such testing prior to Closing, however, Seller cannot guaranty that the testing will be completed, or that the results will be available before Closing. If the results are not available before Closing, Seller will deliver the results to Buyer as soon as reasonably practicable after Closing. If Seller has not performed the testing prior to Closing, Buyer agrees {) to allow Seller to perform the testing, at Seller's expense, within a reasonable period of time after Closing, or ii) Buyer may elect to extend the Closing Date in order to allow Seller to provide the testing before Closing. If the results are not available prior to Closing for any reason, Buyer mayelect to extend the Closing Date in order to allow Seller to provide results before Closing. lf Buyer elects to extend the Closing Date, Buyer must notify Seller in writing on or before the Closing Date. All costs and expenses of extending the Closing Date, including, withoutlimitation, alternate housing, moving expenses, interest costs or other similar costs are the sole responsibility of Buyer. If the test results are at or exceed 4 pCi/L, Seller will repair or replace the radon control system at Seller's option and expense.
Within 90 calendar days after Closing, Seller will provide to Buyers of new homes with an active radon control system, at Buyer's written request, a long-term radon testkit from a nationally certified laboratory to test for long-term radon levels in the home. This kit will be provided to Buyer at Seller's expense. If Buyer requests a kit and follows the instructions that come with it, and if the long-term test results are at or exceed 4 pCi/L, Seller will repair or replace the active radon control system at Seller's option and expense. Buyer must advise Seller, in writing, of the long-term test results and request repair or replacement of the active racion control system within one year of Closing. Seller will, at its cost, subsequently re-test the home via testing of its own choosing to confirm that the radon levels are below 4 pCi/L. Failure to provide written notice within one year of Closing of a long-term reading at or in excess of 4 pCi/L will waive the right to seek repair or replacementof the active radon control system from Seller.
To enable Seller to conduct the tests described in this Addendum, Buyer will provide access to Seller and its agents at mutually convenient times and will fully cooperate with Seller in completing the testing.
Reimbursement Program. In homesin areas identified on the EPA Map of Radon Zones 2 (moderate) or 3 (low) at the time of application for a building permit where no active radon control system has been installed, if at any time within six months after Closing, Buyer elects to conduct long-term testing of the Property, and if the long-term test results demonstrate radon readings at or in excess of 4 pCi/L, Buyer can request reimbursement from Seller for installation of an active radon control system for an amount not to exceed $1000. If Buyer chooses to participate in this program, Buyer mustnotify Seller in writing of the long-term test results and Seller reservesthe right, at its expense, to obtain a confirmatory short-term test conducted by an independent or governmentally certified third-party radon measurement professional. If the results of
RADON PROGRAM ADDENDUM
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this confirmatory test are at or above 4 pCi/L, Buyer mayelect to hire a qualified radon mitigation or remediation professional to reduce the amountof radon gas present in the home. Such work shall be completed within 30 days after the date on which Seller notifies Buyer of the results of the confirmatory test. Upon receipt of evidence satisfactory to Seller of payment by Buyer of the cost of such mitigation or remediation, Seller shall reimburse Buyer for the cost of such mitigation or remediation, which reimbursement shall not exceed $1,000. If Buyer performs pre-Closing testing and elects to have work performed to reduce the amount of radon gas presentin the home, Seller will reimburse Buyer under the terms set forth above provided that the Buyer submits satisfactory evidence of remediation and evidence of payment to Seller no later than six months after Closing. Payment to Buyer of the reimbursement amount described herein will fully satisfy Seller's obligations to Buyer relating to radon. Failure to provide a written request for reimbursement (including evidence of testing and completed remediation) within six months of Closing will waive Buyer's right to reimbursement.
Lowering radon levels in a home requires technical knowledge and special skills. Active radon control systems have been designed to reduce radon levels in residences and these systems can be effective. However, Seller is not qualified to evaluate and has not undertaken to evaluate all the benefits or detriments associated with radon- resistant construction or radon control systems. Where Seller has installed an active radon control system, Seller has utilized techniques recognized by the EPA and the American Society for Testing and Materials in the design of these systems.
Seller is relying on published information from the EPA and the states in which Seller builds to determine the potential for elevated levels of radon in various parts of the country. SELLER MAKES NO ASSURANCES, REPRESENTATIONS, OR WARRANTIES AS TO WHETHER THERE IS ANY HAZARDOUS OR REGULATED MATERIAL ON THE PROPERTY. WHERE SELLER HAS PERFORMED RADON TESTING, SELLER MAKES NO ASSURANCES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE RADON LEVELS IN THE HOME AT OR PRIOR TO CLOSING ACCURATELY REFLECT THE LONG-TERM LEVELS OF RADON IN THE HOME. Seller advises Buyer, at Buyer's expense, to further investigate, as Buyer deems appropriate, the presence, absence, or level of radon or potential for radon in the home or in the soil beneath or adjacent to the home. Seller does not represent or warrant that achievement of results of short or long-term testing below 4 pCi/L provides any health benefit and does not provide any assurances that radon levels in the home will remain at or below any previously-tested levels. Radon readings may vary significantly regardless of the presence of absence of a radon control system and Seller recommends that Buyers periodically test their homes as advised by the EPA. Seller does not represent or warrant that an active radon control system will significantly reduce natural radon levels in the home. Seller provides no express or implied warranty with respect to the system. Additional information regarding radon and radon testing may be obtained from the EPA or Buyer's state and/or county radon office or health department(s).
Buyer's sole right and remedy for test results that are at or exceed 4 pCi/L shall be Seller's repair or replacement of the installation of the Seller-provided active radon control system or reimbursement of an amount not to exceed $1000 for installation of an active radon control system where not provided by Seller. Achievementof a reading below 4 pCi/L via testing of Seller's own choosing after repair or replacement of the installation of the Seller-provided active radon control system or reimbursement of an amount not to exceed $1000 for the installation of an active radon control system will fully satisfy Seller's obligations to Buyerrelating to radon.
V. Homeowner Responsibilities
As with other systems in the home, radon control systems require periodic inspection, maintenance, repair, and/or replacement. The proper operation of these systems is the sole responsibility of the Buyer. Homeowners must be vigilant in ensuring that their active radon control system is operational and is functioning. Homeowners should review the information provided to them about their radon control system and should inspect the system and understand how it works. Buyer also bears the responsibility for conveying this information to future buyers of the Property.
Seller encourages Buyer to periodically retest the home for radon, as recommended by
RADON PROGRAM ADDENDUM
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the EPA. For instance, the EPA recommends that homeowners retest their homes for radon after they are renovated, or if homeowners plan to use a lower level of the home than the level that was tested. The EPA recommendsretesting a home every two years in all cases regardless of whether a radon control system is installed. Buyer may obtain a copy of the EPA publication, Home Buyer's and Seller Guide to Radon at http:/Avww. epa.gov/radon/pubs/hmbyguid.html.
ACKNOWLEDGMENT AND ACCEPTANCE OF HOMEOWNER RESPONSIBILITIES
By signing the Purchase Agreement, Buyer acknowledges receipt and understanding of this Addendum and the disclaimers contained in this Addendum, and Buyer agrees to comply with the provisions of this Addendum.
RADON PROGRAM ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Deposit Disclosure (Arizona Administrative Code § R4-28-803D) BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENT DATE: 14/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In ail other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
Prospective purchasers are advised that earnest money deposits, down payments and other advanced moneywill not be placed in a neutral escrow. This moneywill be paid directly to the Seller and may be used by the Seller. This means the purchaser assumesthe risk of losing the moneyif the Seller is unable or unwilling to perform under the terms of the purchase contract.
AGREED onthis date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned hy:
fine. Moriset November 22, 2021 tva Tapia November 19, 20. niaWoneeE Date ‘Representa ~ Date Sales Associate License Number (if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
Date DosuSigned by:
Stati Foust November 24, 20 ‘Ruthorreed*Rapresentative Date
DEPOSIT DISCLOSURE ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Title Insurance and Closing Costs Addendum
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN EARMS BLOCK 30, Tract/Filing No. N/A_, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENT DATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller, In ail other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
Notwithstanding anything to the contrary in the Closing Costs and Adjustments and Title Insurance Sections of the Agreement, the following shail apply: A. Closing Agent. The Closing Agent's role involves the coordination of administrative and clerical functions relating to the collection of documents and the collection and disbursement of funds required to carry out the terms of the Agreement. When all terms of the Agreement have beensatisfied, the Closing Agent will cause the recording ofall necessary documents in the appropriate public records. Buyer and Seller agree the Closing Agent shail also act as the escrow agentfor this transaction, and the delivery and acceptanceofa fully executed copyof this Agreement to the Closing Agent will constitute employmentof such entity as the escrow agent. Buyer and Seller designate the Closing Agent as the Reporting Person, as defined in § 6045(e) of the United States Internal Revenue Code and the regulations promulgated thereunder, as permitted in Treasury Regulation Section 1.6045-4(e)(5). Buyerselects the following independent Closing Agent (se/ect only one box): Fidelity National Title Insurance Company
[| Other (Name) (Address) (Phone)
If the selected Closing Agent is unable to timely fulfill its obligations, Seller reserves the right to change the Closing Agentto facilitate the Closing. B. Owner's Policy (select only one box): a; Seller will select the title insurance entity and Seller will pay the premium for the Owner's Policy. \f Buyer requests coverage beyond the Owner's Policy provided by Seller, Buyer shall pay additional premiumsfor that coverage at Closing.
The title insurance entity for the Owner's Policy is: Fidelity National Title Insurance Company.
|__| Buyerwill selectthetitle insurance entity and Buyerwill pay all premiumsfor Owner's Policy. If Buyer elects not to use Fidelity National Title Insurance Company, affirmative mechanics’lien coverage may not be available to Buyer.
TITLE INSURANCE CLOSING AGENT ADDENDUM
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The title insurance entity for the Owner's Policyis:
(Name) (Address) (Phone)
Cc. Loan Policy: Buyer will select the title insurance entity and Buyer will pay all premiums and any applicable endorsements for the title insurance policy insuring Buyer's Loan (“Loan Policy"). A Loan Policy issued simultaneously with and by the same entity as the Owner's Policy may be available at a discounted premium. The same title insurance entity shall issue the Loan Policy and the Owner's Policy unless Buyer designates a different title insurance entity for the Loan Policy within five days after receipt of a Loan Commitment. D. Disclosure. As required by the Real Estate Settlement Procedures Act of 1974, as amended or re-enacted, Buyer acknowledges that Seller has not directly or indirectly required Buyer, as a condition of sale, to purchase either an Owner's Policy or a Loan Policy from any particular title entity. E. VA Guaranteed Loan. If Buyer is financing the Home with a VA guaranteed loan, VA regulations will govern, and, to the extent such regulations differ from anything contained in this Addendum, will control.
F. Closing Costs and Adjustments. Seller shall pay: (a) the lesserof (i) 1/2 of the escrow feefor this transaction or (ii) $40.00; and (b) the recording fees for any releases of encumbrances created by Seller. Buyer shall pay the remaining portion of the escrow fee, document preparation fees, if any, and all recording fees of the deed to Buyer.
Buyer acknowledges the above selections, reading the above disclosures and receiving a copy of this Title Insurance and Closing Costs Addendum.
AGREEDon this date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned by:
fina, Marist November 22, 2021 en Tapia. November 19, 20. namoneer Date “Representaine Date Sales Associate License Number (if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
Date DocuSigned by:
Stasi Foust November 24, 20 “RutherREWRepresentative Date
TITLE INSURANCE CLOSING AGENT ADDENDUM
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ADDENDUM TO PURCHASE AGREEMENT Contractor Information (Arizona Revised Statutes § 32-1158(A)) and Purchaser Dwelling Act (Arizona Revised Statutes § 12-1365) BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. \f this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions ofthis Addendum shal! govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreementare republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
Contractor Information (A.R.S. § 32-1158(A))}
This home is constructed by Richmond American Construction, Inc.
Contractor's business address is: 16427 N. Scottsdale Road, Suite 175, Scottsdale, AZ 85254. Contractor's license numberis: ROC206612.
Buyer has the right to file a written complaint with the Arizona Registrar of Contractors ("Registrar") for an alleged violation of Arizona Revised Statutes, § 32-1154, subsection A. The Registrar's telephone number and website address are: 602-542-1525; https://roc.az.gov/, Complaints must be made within the applicable time period as set forth in Arizona Revised Statutes, § 32-1155, subsection A.
Purchaser Dwelling Act (A.R.S. 12-1365
UnderArizona Revised Statutes, § 32-1155, a buyer of a dwelling has the right to file a written complaint against the homebuilder with the Arizona Registrar of Contractors within two years after the close of escrow or actual occupancy, whichever occursfirst, for the commission of an act in violation of Arizona Revised Statutes § 32-1154, subsection A.
AGREEDonthis date: November 19, 2021
BUYER(S): DocuSigned by: DocuSigned by:
La, Marist November 22, 2021 Gua Tapia November 19, 20, namongere Date ‘Representa’ ~ Date Sales Associate License Number(if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
Date DocuSigned by:
Stati Forty November 24, 20 “AuthsrbewRepresentative Date
Contractor Notice - ARIZONA
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ADDENDUM TO PURCHASE AGREEMENT Energy Wise Program Home Disclosure
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 14/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates fo the Property.If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
This Addendum is an overview of Seller's Energy Wise Program. Seller's Energy Wise Program provides Buyer with a HERS® Index rating for the Home, and mayinclude Personalization features or products that may offer energy efficiency or energy savings benefits or other conservation or environmental characteristics ("Energy Wise Personalization"). Energy Wise Personalization varies from community to community. Personalization offering energy efficient features may include insulation, windows, heating and cooling equipment, or lighting and appliances marketed as offering energy efficiency or energy savings benefits.
The HERS® Index, a registered trademark of the Residential Energy Services Network (RESNET), is an energy efficiency scoring system established by RESNETand is not a feature or productitself. The HERS® Index scores a homebuilt to the specifications of the HERS® Reference Home (based on the 2006 International Energy Conservation Code) at 100. Each 1-point decrease in the HERS® Index corresponds to a 1% reduction in energy consumption compared to the HERS® Reference Home. The lower a home's HERS® Index, the more energy efficient it is in comparison to the HERS® Reference Home. The HERS® Index shown in any marketing or sales material is an estimation based on the relevant standard home plan as projected prior to construction using RESNET approved software and not as confirmed by actual measurements taken upon completion of the Home. The HERS® Index for the Home will be determined by an independent RESNET-certified HERS® Rater based on observations and analyses of the Home as-built and will be provided to Buyer at, before or after closing. Observations performed in accordance with RESNET Standards of Practice are not technically exhaustive and are not intended to be a confirmation of compliance with regulatory requirements. Information about the HERS® Index, Home Energy Rating Standards of Practice and Code of Ethics Standards can be found on RESNET's website at http:/Avww.resnet.us.
Actual energy and utility costs and savings and conservation or environmental characteristics will depend on factors that include, without limitation, rates and charges of local utility companies, the type and source of energy or utility, actual household energy and utility consumption, alterations and retrofits made subsequent to Closing, and climatic conditions. The International Energy Conservation Code and otherbuilding codes, ordinances or regulations, as adopted and amended bythe jurisdiction in which the Home is built, may materially affect the HERS® Index for the Home. Buyers are cautioned against and should not rely solely on any Energy Wise Personalization in making any decision. SELLER CANNOT AND DOES NOT GUARANTEE ENERGY OR UTILITY USAGE AND COSTS OR SAVINGS AND CANNOT AND DOES NOT GUARANTEE ANY HOME WILL HAVE A HERS® INDEX EQUAL TO OR LOWER THAN THAT AS MARKETED OR AS DETERMINED FOR A SPECIFIC HOME BY AN INDEPENDENT RESNET-CERTIFIED HERS® RATER.Thereceipt of a HERS® Index rating on a Home does not qualify the Home as ENERGY STAR® and is not a qualification under any ENERGY STAR® Qualified New Homes Program that may be offered by Seller. ENERGY WISE PROGRAM HOMEDISCLOSURE
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Certain Personalization may be ENERGY STAR® qualified. The U.S. Environmental Protection Agency ("EPA") introduced ENERGY STAR® as a voluntary program to reduce greenhouse gas emissions through increased energy efficiency. Some Home appliances such as, withoutlimitation, dishwashers, refrigerators, water heaters, central air conditioners, furnaces and heat pumps may display manufacturers’ energy efficiency test results on yellow EnergyGuide labels. The yellow EnergyGuide labels were developed to assist consumers in comparing the energy use ofdifferent models and may also note whether the appliance is ENERGY STAR® qualified. EnergyGuide labels may vary and are not available for all appliances. Seller's inclusion or offering of ENERGY STAR® qualified or labeled products or appliances with the Home shail not be construed as qualification or labeling of the entire Home as ENERGY STAR®. For more information on Energy Star®, visit the FTC's website at htto:/Avww.ftc.gov/appliances or htto:/Avwww.energystar.gov
Seller has not independently verified the content or accuracy of any information prepared by or for the EPA, Department of Energy ("DOE"), Federal Trade Commission ("FTC") or RESNETor prepared by any manufacturer or person under EPA, DOE, FTC or RESNET regulations, guidelines or standards and expressly disclaims responsibility for any representations or guarantees made by any governmental agency, RESNET, manufacturer or person. By signing the Purchase Agreement, Buyer acknowledges receipt of this Energy Wise Program Home Disclosure and the RESNET Home Energy Rating Standard Disclosure.
ENERGY WISE PROGRAM HOME DISCLOSURE
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ADDENDUM TO PURCHASE AGREEMENT ACKNOWLEDGMENT AND ACCEPTANCE OF DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:
PROPERTY: Lot 30, Block _N/A_, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.
PLANS: Plan Name and Number Deacon/T772,Elevation ELVA.
SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021
This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.
Seller has provided Buyer with a copy of the applicable Declaration of Covenants, Conditions, Restrictions and Easements ("CC&Rs") for the Property.
For Buyer's protection, it is recommended that Buyer review the CC&Rsbeforesigning this Addendum.
BY SIGNING THIS ADDENDUM, BUYER ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THE CC&Rs FOR THE PROPERTY PROVIDED BY SELLER.
AGREEDonthis date: _November 19, 2021 BUYER(S): DocuSigned by: DocuSigned by:
fina, Moriset November 2 fe Tapia. November 19, 2021 199B1368761B481... A7EDEISSA4CASCH...
Ana Moriset Date Representative Date Sales Associate License Number(if applicable):
Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation
DocuSigned by: Date Staci Fourstur November 24, 2021 Authorized Representative Date
CCR Addendum
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Building and Financing tha Amaricon Droom.
M.D.C. Holdings, Inc. and Affiliates Privacy Policy and Notice Regarding Collection of Personal Information
Your Privacy fs a Priority for Us The confidentiality of your personal information ("Information"), as defined by applicable law, is important to M.D.C. Holdings, Inc. (MDC) and its affiliates. MDC's affiliates include the Richmond American Homes companies, HomeAmerican Mortgage Corporation, American Home Insurance Agency, Inc. (also known as AH Insurance Agency, Inc. or AHI Insurance Agency) and American Home Title and Escrow Company. Weare providing you with this privacy notice to help you understand what Information we collect, why we collect the Information, how we use the Information, and under what circumstances we may disclose the Information to our affiliates and third parties. This notice alsotells you how you can limit our disclosure of your Information.
Categories of Information We Collect and Purposes for Which WeUsethe Information As part of business operations, our sale of homes, and/orour providing offinancial products or services, we collect the following categories of Information: Identifiers such as your real name, alias, postal address, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers ("Identifiers"). e This Information enables us to confirm your identity in selling you a home, providing you with mortgage financing and insurance coverage, guarding against identity theft and cyber crimes, complying with legal and contractual requirements (such as federal anti-terrorism laws) and otherwise conducting our daily business operations. This Information also enables us to identify persons who log into and attend virtual meetings of MDC's shareholders. Other information that identifies, relates to, describes, or is reasonably capable of being associated with, a particular individual, including, but not limited to, signatures, physical characteristics or description, telephone number, state identification card number, employmenthistory, insurance policy number, bank account number, credit card number, debit card number, or any other financial, medical or health insurance information ("Other Personally Identifiable Information"). e This Information is used for the purposeslisted above and also in employing individuals within our farnily of companies and providing them with benefits. Characteristics of protected classifications pursuant to law ("Characteristics of Protected Classifications”). e This enables us to comply with legal requirements, such as non-discrimination, and demonstrate that compliance. Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuminghistories or tendencies ("Commercial Information”). e This enables our companies to adjust our product and service offerings and offer additional products and services that may be of interest to consumers. If you visit our websites and consent to future communications from us, we collect Internet or other electronic network activity information, including, but not limited to, browsing history, and information regarding a consumer's interaction with an Internet website, application or advertisement ("Internet Activity Information"). * This Information enables us to adjust our technology and advertising to be more efficient and responsive to consumer demands and needs. Professional or other employment-related information ("EmploymentInformation"). e Weusethis Information in determining loan qualification and in employing persons and considering their applications for employment or advancement. We also collect and use this Information to identify persons wholog into and attend virtual meetings of MDC's shareholders. In light of the COVID-19 pandemic, when you visit any of our sales offices, Design Galleries, or model homes wewill collect certain coronavirus screening information from you, including information regarding whether you have experienced anycold or flu-like symptoms (such as cough, fever, sore throat, ordifficulty breathing) in the last fourteen (14) days ("COVID-19 Screening Information"). e This Information is used to prevent the spread of COVID-19 and reduce the potential risk of exposure to our employees andvisitors. It is collected for our internal use only and is not shared with third parties. In addition to the foregoing, if you are employed by or applying for employment with one of the MDC family of companies, we also collect the following Information about you ("Other Employment Related Information”):
Education information. Medical information. Health insurance information. Biometric information. Privacy Policy
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Building ond Financing the Amorican Dream.
o The foregoing Information in used in employing persons, providing them with benefits and in providing security for our workforce.
“Information” does not include publicly available information lawfully made available from federal, state, or local governmental records.
Categories of Sources from Which Information is Collected Wecollect Information from the following sources:
e Applications, forms, and other information that you provide to us, whetherin writing, in person, by telephone, through our websites or by any other means. o Wecollect certain Identifiers, Other Personally Identifiable Information, Characteristics of Protected Classifications, Commercial Information, Employment Information, COVID-19 Screening Information, and Other EmploymentRelated Information from these sources.
* Your transactions with us, our affiliates (members of the MDC corporate family), or others. This information may be part of your HomeAmerican loan application, your Richmond American Homes purchase contract, or an application for insurance from American Home Insurance or American Home Title and Escrow. o We collect certain Identifiers, Other Personally Identifiable Information, Characteristics of Protected Classifications, Commercial Information, and Employment Information from these sources.
* Consumer reporting agencies. o Wecollect certain Identifiers and Other Personally Identifiable Information from these sources. e Public sources. o We collect certain identifiers, Other Personally Identifiable Information, Employment Information, and Education Information from these sources. e Online. If you visit our websites and consentto future communications from us, we track your browser data and browsing behavior to better understand how the sites are being used and how we can improve your online experience. This information is gathered through the use of "cookies" or other tracking mechanisms (see further discussion below). co Wecollect certain Identifiers, Commercial Information, and Internet Activity Information from these sources.
Reasons We May Share Your Information
We do not sell your Information to anyone (i.e, receive monetary compensation), We may disclose your Information for various everyday business purposes (such as to process transactions, maintain accounts, respond to court orders and legal investigations or report to credit bureaus), marketing purposes(to offer our products and servicesto you), for our affiliates’ everyday business purposes(information about your transactions, experiences, and creditworthiness), and for our affiliates to market to you.
Categories of Persons/Entities with Which We May ShareInformation
The parties to which we may disclose Information fall into two general categories: e Affiliates; and
e Third parties.
Sharing Information with Our Affiliates. In the course of our business, we share Information with members of our MDC family of companies in order to conduct our business operations (e.g. manage our workforce). The sharing of Information may benefit you by making it easier for you to apply for and receive services from our related companies. In addition, sharing Information can help you receive timely notice about additional products, services or other special offers that may beofinterest to you. The categories of Information we share include: e Information about your identity (such as name, address, phone numbers, Social Security or driver's license number); e Information about your transactions with us (such as your contract information, account number, loan balance and repaymenthistory); e Certain information about your application with us (such as information about your assets or income); and e Information about your credit report or similar information (such as information about your credit standing or other characteristics) obtained from credit bureaus. In addition to the foregoing, if you are an employee or potential employee of the MDC family of companies, we also share the following categories of Information about you: e Education information.
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Building ond Financing the American Dream.
e Medical information. « Health insurance information. e Biometric information.
Sharing Information with Third Parties Third parties are those not part of the MDC family of companies. We share your Information with financial service providers such as insurance companies, banks, mortgage purchasers, and settlement agents. We also share your Information with non-financial companies such as consumer reporting agencies, software or other service providers, retailers, direct marketers, auditors, courts, and state or federal regulators. The categories of Information we share with thesethird parties include: * ldentifiers such as your real name, alias, postal address, Internet Protocol address, email address, and account name, and, if there is a business need to do so, Social Security, driver's license number, passport number, or othersimilar identifiers in which case we will require confidentiality by the receiving parties and limit the use of the Information to the purpose for which it was disclosed. e Other information that identifies, relates to, describes, or is reasonably capable of being associated with, a particular individual, including, but not limited to, physical characteristics or description, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information. e Characteristics of protected classifications pursuantto law. e Commercial information, including records of products or services purchased, obtained, or considered. e Internet or other electronic network activity information, including, but not limited to, browsing history and information regarding a consumer's interaction with an Internet website, application or advertisement. e Professional or other employment-related information. In addition to the foregoing, if you are an employee or potential employee of the MDC family of companies, we may also share the following categories of Information about you: e Education information. * Medical information. ¢ Health insuranceinformation. « Biometric information. Former Customers and employees If your relationship with us ends, wewill continue to treat and safeguard your Information as describedin this notice.
Our Security Practices and Information Accuracy Wetake steps to safeguard your Information. We restrict access to the personal and account Information of our customers to those employees who need to know that information in the course of their job responsibilities. We maintain physical, electronic, and procedural safeguards that are designed to comply with applicable federal and state standards regarding the protection of Information.
Wealso have internal controls that are designed to keep Information as accurate and complete as we can. If you believe that any Information we have about you is not accurate, please let us know immediately by contacting us as described below.
Protecting Your Information Online
The following statement applies to the websites for the MDC family of companies. If you request information through our websites, use online tools and calculators, apply online for products or employment, subscribe to online services, complete an online form or application, conduct transactions online (e.g., Internet or wireless device) or otherwise use our websites, we and certain third parties with which we work to deliver online products and services may retain the Information you provide and track your use of our websites as more fully described below.
e E-mail If you agree to receive e-mail messages from us, we may retain the information you provide us to deliver e- mails of specific interest to you. If you choose to send us e-mails, we may retain the content of your e-mail message, your e-mail address, and our subsequent response. Please be careful about the information you provide to us by e-mail; as with any public website, this channel of communication is not necessarily secure againstinterception. e Use of "Cookies" and Tracking Our websites use “cookies” or other tracking mechanisms to collect your browser data and browsing behavior. Some of the primary purposes of these mechanisms are to save you time and provide you with more customized offers and information on our websites. Cookies allow you to customize our sites to match your personal preferences. If you visit our website and consent to future communications from us, we and our third
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Building and Financing the American Dream.
party service providers will collect your Information and may provide you with customized offers over time.
e Children's Online Information Privacy Protecting children’s identities and information online is important. We do not knowinglysolicit data from children online, nor do we market our online products and services to children under the age of 18 years old (Minors).
Submitting Requests if you wish to exercise the “Limit our Sharing," "Right to Know About Personal Information Collected, Disclosed, or Sold,” "Right to Request Deletion of Personal Information," or "Right to Opt-Out of the Sale of Personal Information" options described below, you may submit a verifiable consumer request (Request) by calling us or submitting a Request on our website as follows:
Call us at: 800-605-9010.
Or submit a Request through our "Do Not Sell My Information & Other Requests” web page: httos:/Avww. tichmondamerican.com/ccpa.
To verify your Request, you will be asked to provide your name, address, phone number and other identifying information (or that of the consumer on whose behalf you are acting) pursuant to law. If your Request asks to access specific pieces of Information pursuant to "Right to Know About Personal Information Collected, Disclosed, or Sold” below, we may ask you to sign a declaration under penalty of perjury that you are the consumeror the authorized agent of the consumer whoseInformation is the subject of the Request.
An authorized agent may submit a Request on your behalf. When you use an authorized agent to submit a Request, we may require that you: (1) provide the authorized agent written permission to submit the Request; and (2) verify your identity directly with us. We may also require your authorized agent to submit proof that you have authorized them to submit a Request on your behalf.
Weare not obligated to disclose or delete the specific pieces or categories of Information we have collected about you pursuant to "Right to Know About Personal Information Collected, Disclosed, or Sold" and "Right to Request Deletion of Personal Information" below if, pursuant to law, we cannot verify: (1) your identity or (2) if you are seeking to act on a consumer's behalf, that you are a person authorized by the consumerto act on their behalf. The disclosure that we make, following the receipt of a Request, will cover no more than the 12-month period preceding receipt of the Request and will be made in writing and delivered through the consumer's account with us, if the consumer maintains an account with us, or by mail or electronically (at the consumer's option if the consumer does not maintain an account with us).
Please allow 15 days from our receipt of your Request to Opt-Outfor your instructions to become effective.
Limit Our Sharing Federal law gives you the rightto limit: (1) sharing for affiliates' everyday business purposes- information about your creditworthiness; (2) affiliates from using your information to market to you; and (3) sharing for nonaffiliates to market to you. If you do not want us to share Information about your creditworthiness with our affiliates, or share other Information with our affiliates or third parties so they can market their products or services to you, you may submit a Request to us requesting that we limit our sharing. Please allow 30 days from our receipt of your Request for your instructions to become effective.
If you have a joint account, a request by one party will apply to the entire account. Your choice will apply until you tell us to change it.
Right to Know About Personal Information Collected, Disclosed, or Sold (Request to Know) Collection of Personal Information - If you are a consumer and we have collected your Information, you may submit a Request ("Request to Know") that we disclose to you: (1) the categories of Information collected; (2) the categories of sources from which the Information is collected; (3) the business or commercial purpose for collection (or disclosing) the Information; (4) the categories of third parties with whom we share Information; and (5) the specific pieces of information we have collected about you. Please note that we are not required to retain any Information about you for a single one-time transaction if, in the ordinary course of business, that information is not retained, nor are we required to re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a mannerthat would be considered Information.
If your Request asks to access the categories and specific pieces of Information we have collected about you, we will (in compliance with law) deliver to you, free of charge, copies of your Information, which may be provided by mail or electronically. We are not required to provide you with your Information more than twice in a 12-month period. Also, we are not required to retain any Information collected for a single one-time transaction if such information is not sold or retained, nor are we required to re-identify or otherwise link any data that is not maintained in a manner that would be considered Information.
Weare not obligated to provide you with specific pieces of Information if the disclosure creates a substantial, articulable and unreasonable risk to the security of that Information, your account with us, or the security of our systems or networks.
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Building and Financing the American Dream.
At no time will we disclose your Social Security Number, driver's license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers in response to a Requestto disclose specific pieces of Information.
Disclosure or Sale of Personal Information - If you are a consumer and wedisclose your Information for a business purposeor,if in the future we should sell your Information, you may submit a Request that we disclose to you: (1) the categories of Information collected; (2) the categories of Information sold and the categories of third parties to whom the Information was sold, by category or categories of Information for each third party to whom the Information was sold (or if we have not sold your Information, we will disclose that fact); and (3) the categories of Information that we disclosed for a business purpose(or if we have not disclosed your Information, we will disclose that fact).
Right to Request Deletion of Personal Information (Request to Delete)
You may submit a Request that we delete ("Request to Delete”) any Information about you that we have collected from you. Following receipt of your Request, we will delete the Information from our records and direct any service providers to which we have given your Information to delete the information from their records; HOWEVER, Information will not be deleted if it is necessary for our business (or that of the service provider) to maintain the Information: (1) in order to perform a contract between us; (2) as required or permitted by applicable law; or (3) in order to use the Information, internally, in a lawful manner compatible with the context in which the consumerprovided the information.
Right to Opt-Out of the Sale of Personal Information (Request to Opt-Out)
If we have your Information, you have the right, at any time, to direct us to not sell your Information ("Request to Opt- Out"), If we receive your Request to Opt-Out, we will not sell your Information unless you subsequently provide express authorization for the sale of your Information. You may submit a Request to Opt-Out by writing or calling us or submitting a request on our website as described above.
We do not market our products and services to Minors and, even without a Request to Opt-Out, we will not sell the Information of persons we know to be Minors.
Right to Non-Discrimination Wewill not discriminate against a consumer because the consumer exercises the consumer's rights under applicable privacy laws. This includes denying goods or services to the consumer, charging different prices or rates, providing a different level or quality of goodsorservices, and/or suggesting the consumer will receive a different price or rate for, or a different level or quality of, goods or services. We may charge a different price or rate or provide a different level or quality of goods or services if the difference is reasonably related to the value provided to the consumer by the consumer's data.
Financial Incentives From time-to-time we mayoffer financial incentives for the sale of our products and services (e.g. home options and upgrades at no additional cost) and, in seeking to receive those incentives, our customers may provide us with personal information (e.g. their contact information). However, we do not offer the incentives for the purpose of retaining or selling our customers' information, but rather for the purposeof selling our products and services. Exemptions The “Rights” set forth above do not restrict our ability to:
* Comply with applicable iaw e Comply with action taken by federal, state of local authorities * Cooperate with law enforcement agencies concerning conduct or activity reasonably and in good faith believed to potentially violate federal, state or local law « Exercise or defend legal claims e Collect, use, retain, sell or disclose consumer information that is de-identified or is aggregated and de- identified + Decline to comply with a Request where compliance would violate an evidentiary privilege * Provide Information to a person covered by an evidentiary privilege as part of a privileged communication
The "Rights" set forth above do not:
e Apply to protected or health information or to medical information governed by federal law e Apply to Information to be reported in or used to generate a consumer report under the federal Fair Credit Reporting Act e Apply to Information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act and regulations, if in conflict with that law Apply to Information collected, processed, sold or disclosed pursuant to the Driver's Privacy Protection Act of 1994, if in conflict with that Act
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e Require us to re-identify or otherwise link information that is not maintained in a manner that would be considered Information California Residents To the extent any of MDC's affiliated companies is deemed a "financial institution" under the California Financial Privacy Act, those entities will not share your Information with any of our affiliated companies or non-affiliated third parties except as permitted by law or otherwise directed by you. Nevada Residents Pursuant to the laws of the State of Nevada, residents of Nevada mayelect to be placed on our internal "do-not-call" list. You may make such an election or obtain further information about your rights under Nevada law by contacting us as set forth above under "Right to Opt-Out". You may also obtain further information about your rights under Nevada law by contacting the Nevada Attorney General's office at: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington Avenue, Suite 3900, Las Vegas, Nevada 89101, Phone: 702-486-3132, Email: [email redacted]
OtherInformation This Privacy Policy applies to products or services provided by M.D.C. Holdings, Inc. and its affiliates. We reserve the right to changethis policy at any time and the date of the revised policy will be identified below.
Contact Us for More Information If you have questions or concerns aboutour privacypolicies or practices, you can obtain additional information from us by calling us at 800-772-8024 or writing to us at M.D.C. Holdings, Inc. c/o HomeAmerican Mortgage Corporation Customer Service Department, 5775 DTC Boulevard, Suite 300S, Greenwood Village, CO 80111.
©2021 M.D.C. Holdings, Inc. Revised effective: January 13, 2021.
Privacy Policy
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§RICHVIOND IGRMERICAN HOMES
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT ("Agreement") is entered into by and between Richmond American Homes of Arizona, Inc., a Delaware Corporation ("Seller"), with an office located at 3091 West Ina Road, Tucson, AZ 85741, and Ana Moriset (full legal name) ("Buyer"), who presently resides at 1180. W. Doolan (Street Address), Tucson (City), AZ (State) 85755 (Zip) Phone Number 1: (520) 668-2849: Phone Number 2: (520) 668-2849; Email: at1980@gmail. com, Buyer and Seller are sometimescollectively referred to in this Agreement as the "parties" and individually as a "party." The defined terms in this Agreement and the Sections where their definitions can be found are in the attached Index of Definitions. THIS AGREEMENT INCLUDES AN ALTERNATIVE DISPUTE RESOLUTION PROVISION WHICH IS SET FORTH IN THE ATTACHED ALTERNATIVE DISPUTE RESOLUTION ADDENDUM. 1. PROPERTY. Pursuant to the terms and conditions of this Agreement, Seller agrees to sell and Buyer agrees to purchase the following described real property: Lot/Unit 30, Block _N/A_, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, Parcel/Tax Map No. [number redacted], City/Township Marana , County Pima, State AZ, Zip 85653, also known as 12623.N APPLING AV (Street Address), together with the residential dwelling constructed or to be constructed thereon (" Home"), in substantial conformance with Plan Name and Number Deacon - T772, Elevation ELVA ("Plans"). The real property anid the Home are collectively referred to in this Agreement as the " Property.” Buyer will take title to the Property as Joint Tenants, Tenants in Common, Tenants by the Entirety (husband and wife only; not available in California Washington or Colorado), Individually, Community Property, Community Property with Right of Survivorship (not available in Florida); x Other: TED (check only one box). if Buyer consists of more than one individual and does not makea selection fortitle Buyer will take title to the Property in equal shares as Tenants in Common, unless Buyeris a marital community or a registered domestic partnership in a community property state and does not make a selection for title, in which event Buyerwill take title to the Property as Community Property. 2. PURCHASE PRICE. Thepurchaseprice for the Property is:
$414,990.00 "Base Price" Plus: $16,923.00 Cost of Buyer's On-Site Options and Home Gallery Selections as defined in the On-Site Options and Home Gallery Selections Section of this Agreement as described in the Job Initiation Order ("Job Initiation Order") or in Seller's change order forms ("Change Order’). Plus: $22,000.00 "Lot Premium,"if any, described in Job Initiation Order or Change Order.
Less: $0.00 Credit given by Seller to Buyer for applicable sales program promotions or incentives as described in any Addenda attached to this Agreementorin Seller's Change Order. Total: $453,913.00 Total Purchase Price which amount may be modified prior to Closing by, among other things, the subsequent addition of On-Site Options and Home Gallery Selections ("Total Purchase Price") and will be described in the " Final Purchase Price Acknowledgment."
3. PAYMENT.
3.1. Total Purchase Price. The Total Purchase Price shall be payable to Seller in United States Dollars ("USD") as follows: $8,300.00 "Deposit" paid upon execution of this Agreement by Buyer. The Deposit has been paid in the form of debit _car($ received today) and 0. (promissory note), receipt of which is acknowledged by Seller.
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@RICHVIOND NWOAAMERICAN HOMES $445,613.00 Balance of Total Purchase Price due at Closing subject to closing adjustments, addition of On-Site Options and Home Gallery Selections, and application of Personalization Deposits. The balance of the Total Purchase Price shall be paid by wire transfer, certified funds, or cashier's check at Closing, as allowed bystate law.
[Buyerhasorwill have funds available at Closing to pay the balanceof the Total Purchase Price and this Agreementis not subject to the Financing Condition. Buyer shall provide Seller with verification of sufficient funds within five days of Buyer's execution of this Agreement and shall provide continued verification upon Seller's request.
[x|This Agreementis subject to the Financing Condition of this Agreement.
3.2 Deposit and Personalization Deposit. Upon selection of On-Site Options and Home Gallery Selections as defined below, or upon written agreement between Buyer and Seller for a custom change to the Home, Seller may require that Buyer provide an additional deposit (the "Personalization Deposit") in an amount determined by Seller. The Personalization Deposit shall be delivered to Seller by check made payable to the order of Seller. The Deposit and the Personalization Deposit shall be applied to the Total Purchase Price due at Closing, or, if Buyer defaults, shall serve as Liquidated Damages pursuant to the Default and Remedies provisions of this Agreement. The Deposit and the Personalization Deposit shall be non-refundable except as otherwise provided in this Agreementor by applicable law.
Except as required by applicable law and except as required if Buyer is financing the Property through a Veteran's Administration ("VA") guaranteed loan, Buyer is advised that the Deposit, the Personalization Deposit, and all other funds advanced or paid under this Agreement will not be placed in a neutral escrow. Such funds will be paid directly to Seller and may be placedin Seller's general account and used by Seller in connection with the construction of the Property or for general corporate purposes. With respect to VA guaranteed loansSeller will place any Deposit and Personalization Deposit in a trust account as required by 38 U.S.C. §3706 until Closing occurs or such Deposits are otherwise disposed of in accordance with the terms and conditions of this Agreement. All interest, if any, earned on the Deposit and the Personalization Deposit shall be retained by Seller and shall not be applied to the Total Purchase Price, unless otherwise required by applicable law.
3.3 Closing Costs and Adjustments. The Total Purchase Price does notinclude adjustments such as Buyer's share of closing costs and escrowfees to be collected at Closing, including without limitation real property transfer taxes, Loan costs and fees, improvement location certificates, or homeowners association fees and assessments. Except as otherwise provided in this Agreement, Buyer shall be responsible for all closing costs including, withoutlimitation all costs of obtaining the Loan, the Closing Agent's fees, revenue stamps, state and local transfer taxes, and all other customary settlement, closing and recording charges. General real estate taxes, general and special assessments, homeowners association assessments, if any, and all other costs and charges customarily prorated in the jurisdiction in which the Property is located will be prorated to the Closing Date based onthe latest available information. Such prorations will be final and will survive Closing.
4, FEES.
4.1 Processing Fee. Upon execution of this Agreement by Buyer, Buyer shall pay Seller a fee of $250.00 (USD) for the preparation and administration of this Agreement ("Processing Fee"). If Buyer requests and Seller approves any modifications or additions to On-Site Options or Home Gallery Selections after Buyer has finalized Personalization selections as provided in the On-Site Options and Home Gallery Selections Section, Buyer shall pay Seller a fee up to $500.00 (USD) for each modification ("Reprocessing Fees"). The Processing Fee and any Reprocessing Fees are not credited against the Total Purchase Price. The Processing Fee and Reprocessing Fees do not cover any third-party processing charges or costs, including without limitation Loan or credit processing fees, which Buyer must pay separately. The Processing Fee and Reprocessing Fees are not applicable if the Property is financed by a VA guaranteed loan.
4.2 Appraisal Fee. If Buyer owns another home that must be sold in order to purchase the Property, Seller may obtain an appraisal for that home at Buyer's cost which shall not exceed $500.00, Buyer shall pay Seller the cost of that appraisal upon the date of Buyer's execution ofthis Agreement ("Appraisal Fee"). The appraised value determined by this appraisal shall be the " Appraised Value" for purposes of the Existing Property Contingency Section of this Agreement.
PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D 1-0735-460E-AASD-9468DF8AB343
&)RICHVIOND WAZ AMERICAN HOMES The Appraisal Fee is not credited against the Total Purchase Price.
4.3 Non-Refundable. All references in this Agreement to the return of the Deposit or the Personalization Deposit to Buyer, or to the return of amounts previously paid by Buyer, shall not include Processing Fees, Reprocessing Fees or Appraisal Fees. Processing Fees, Reprocessing Fees, and Appraisal Fees are non-refundable.
5. ON-SITE OPTIONS AND HOME GALLERY SELECTIONS.
5.1 Timing for Selections. Buyer may select certain optional items, changes or modifications to the Property offered on-site by Seller ("On-Site Options"). At the time of Buyer's execution of this Agreement or prompily thereafter, Seller will schedule an appointment with Buyer to commence Buyer's selection of all colors and materials for cabinets, carpet, countertops, floor coverings and other color and design items offered by Seller (‘Home Gallery Selections"). Depending on the construction status of the Property, and if offered by Seller, On-Site Options and Home Gallery Selections may include structural, architectural, electrical, or mechanical changes, additions, or deletions to the Property. Buyer agrees to select all On-Site Qptians and to make all Home Gallery Selections within seven / twenty-one days of Buyer's execution of this Agreement. Buyer agrees to make(sUch selections within a shorter time period as may be reasonably required by Seller. Depending on the construction status of the Property, Buyer agrees that at the time Seller accepts this Agreement, certain On-Site Options and Home Gallery Selections may have already been selected by Seller and cannot be changed by Buyer. If Buyerfails to make any selection within the time limits provided by Seller, Seller may make selections for Buyer at no additional charge and those selections shall be binding on Buyer. lf Buyer elects to terminate this Agreement based on Seller's selections, Seller shall have the right to retain the Deposit and the Personalization Deposit as Liquidated Damages. Seller may charge a Late Closing Charge as provided below if Buyer's failure to timely make selections results in a delay in the Completion of the Property.
5.2 Personalization. Home Gallery Selections and On-Site Options are sometimes collectively referred to as "Personalization" and may reference standard options at no additional charge as well as selections for which Buyerwill pay additional charges. Personalization not included in a Job Initiation Order shall be subsequently agreed to in writing on Seller's Change Order. Buyer agrees that no Personalization is binding upon Seller without Seller's Job Initiation Order or Change Order approved and signed by an authorized representative of Seller. If this Agreement is subject to the Existing Property Contingency or the Financing Condition, Buyer agrees that Seller shall have the right to modify any Personalization selected by Buyer, at no additional charge, if Seller reasonably believes that the Personalization may adversely affect the marketability of the Property. Seller reserves the right to refuse to install any Personalization which Seller believes may cause the Total Purchase Price to exceed the Property's appraised value. Buyer agrees that certain On-Site Options and Home Gallery Selections may not be offered in all homes. Any additional cost of Personalization selected by Buyer and approved by Seller after the date of execution of this Agreement by Buyer will be added to the Total Purchase Price.
5.3. Payment of Personalization Deposit. The Personalization Deposit shall be paid by Buyer upon execution by Buyer and acceptance by Seller of any Change Order. After Buyer hasfinalized Personalization selections as documented in Seller's Change Orders, a Reprocessing Fee will be charged for Personalization changes. Additions or changes to Personalization selections, other than those required due to unavailable Personalization selections, must be agreed to in writing on Seller's Change Order and the Reprocessing Fee shall be paid upon execution of the Change Order. Seller may choose not to commenceinstallation of Personalization selections until Seller receives the Personalization Deposit.
5.4 Unavailable Personalization. If any Personalization selections (i) are unavailable or will not be available for installation for any reason, (ii) would be incompatible with the Plans, (ili) would require Seller to materially alter or modify work already performed, (iv) are subject to an increase in price beyond whatis included on any price sheet provided to Buyer and approved by Seller, or (v) will result in a delay in Seller's construction schedule or in Closing, then such Personalization may be deemed unavailable by Seller and Buyer shall make new Personalization selections within five days after receipt of notice from Seller.
5.5 Failure to Provide Personalization Selections. !f Seller does not provide the requested Personalization, Seller will refund the portion of Buyer's Personalization Deposit and any Reprocessing Fee for the Personalization not provided. The proportionate refund of Buyer's Personalization Deposit and Reprocessing Fee will be Seller's only obligation for not providing
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the Personalization, and any such omission shall have no other effect upon this Agreementor the responsibilities of Buyer or Seller under this Agreement. If an incorrect Personalization is installed, then Buyer's sole right and remedy shall be repair and/or re-installation of the Personalization in question or, at Seller's option, Seller will refund Buyer's Personalization Deposit and Reprocessing Feeas to thatitem.
5,6 Appraisal. An appraiser may not give value to Personalization and lot premiums. If Buyeris obtaining a Loan or paying cash and the Total Purchase Price, including Buyer's Personalization selections, exceeds the appraised value, Buyer shall remain responsible for paying the Total Purchase Price, including the amount by which the Total Purchase Price exceeds the appraised value of the Property exceptin the case of VA guaranteed or Federal Housing Administration (" FHA")insured financing as described in the Financing Condition Section.
6. FINANCING CONDITION. 6.1 Loan. f Buyer is obtaining a Loan to pay all or part of the Total Purchase Price ("Financing Condition"), Buyer's obligation to purchase the Property is conditioned upon Buyer promptly obtaining a written loan commitment from a lender satisfactory to Seller subject to conditions acceptable to Seller ("Loan Commitment"). Buyer shall use best efforts to obtain the Loan Commitment within thirty days after the date of execution of this Agreement by Buyer ("Loan Commitment Date"). The Loan Commitment shall commit the Lender to lend money to Buyer for the purchase of the Property ("Loan").
6.2 RESPA Notice. As required by the Real Estate Settlement Procedures Act of 1974, as amended or reenacted ("RESPA"), Seller notifies Buyer that Seller has business relationships with HomeAmerican Mortgage Corporation ("HomeAmerican"), American Home Title and Escrow Company ("AHT"), and American Home Insurance Agency (known as AHI Insurance Agencyin California) ("AHI") as more fully described in the attached Addendum titled Affiliated Business Arrangement Disclosure Statement. Because of these relationships, referrals to these companies may provide Seller a financial or other benefit.
6.3 Loan Application. Buyer shall apply for a Loan with either HomeAmerican or another lender of Buyer’s selection ("Lender"), within seven days of the date of execution of this Agreement by Buyer. The loan application shall not be considered complete for purposes of this Agreement unless ail information requested by Lender to complete the loan application has been provided to Lender. Buyer agreesto inform Seller on an ongoing basis of the status of the loan application. Buyerauthorizes Seller to contact Lender to determine the status of Buyer's loan application and consents to Lender's disclosure ofthis information to Seller. Buyer will notify Lender and Seller of any change in circumstances at any time during the term of this Agreement that may affect Buyer's ability to obtain a Loan or to purchase the Property. Buyer will fully cooperate with Lenderin processing the loan application and takeall action necessary to comply with all Lender requirements in a timely manner.
Seller may, at any time after Buyer's receipt of the Loan Commitment, give Buyer written notice that Seller in good faith believes Buyer may no longer qualify for a Loan of the type and/or amount necessary for the purchase of the Property. Within seven days of Seller's delivery of such written notice to Buyer, Buyer shall provide to Seller a Loan Commitment dated no earlier than seven days prior to Seller's request and conditioned only upon receipt of a satisfactory appraisal of the Property.
Buyer acknowledgesthat(i) interest rates and loan costs fluctuate and mayincrease or decrease between the date of execution of this Agreement by Buyer and the Closing Date, and (ii) delays in construction of the Home or in Closing might result in higher interest rates, higher or additional costs, or expiration of the Loan Commitment. To the fullest extent permitted by applicable law, Buyer waives any rights or remedies against Seller that Buyer may have, nowor in the future, for any fluctuation in the value of Buyer's Existing Property, changes in interest rates, higher or additional costs, or expiration of the Loan Commitment.
6.4 Failure to Obtain Loan Commitment; Extensions. If Buyer fails, despite best efforts, to obtain the Loan Commitment by the Loan Commitment Date, then the Loan Commitment Date may be extended by an authorized representative of Seller. Seller may in its sole discretion require Buyer to make application (as provided above) with at least two additional qualified Lenders. If Buyer fails, after full cooperation, to timely provide a written Loan Commitment,Seller may terminate this Agreement, and the Deposit, and the Personalization Deposit shall be refunded to Buyer, except that portion attributable to Personalization selections already ordered by Seller, and both parties shall be relieved of further obligations under this Agreement. It is expressly agreed with respect to VA guaranteed loans only, that if Buyer's application for VA
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@ RICHVIOND oI} HOMES guaranteed financing is rejected by the Lender, Buyer may terminate this Agreement and, notwithstanding any contrary provision in this Agreement, Buyer will receive a refund of the Deposit and Personalization Deposit.
6.5 Loan Commitment. Once the Loan Commitmentis issued, Buyer will be deemed to have accepted the Loan Commitment unless Buyer otherwise notifies Seller in writing within two days after issuance of the Loan Commitment. If Buyer gives Seller such notice within the two day period, then Seller may terminate this Agreement, or, in its sole discretion, extend the Loan Commitment Date in accordance with the preceding paragraph. Once Buyer accepts the Loan Commitment, the Deposit and the Personalization Deposit shall be non-refundable to Buyer except as may otherwise be expressly set forth in this Agreement and except with respect to VA guaranteed loans, and Buyer agrees to use best efforts to satisfy all Loan Commitment conditions.
lf Buyer has obtained a Loan Commitment but thereafter (a) Buyer's Loan Commitmentis terminated or rescinded and Buyer gives Seller immediate notice of such termination, and Buyer is unable to obtain and deliver a replacement loan commitment within such time as Seller may allow for such purpose, or (b) Lender for any reason declines to fund the Loan to Buyer, then Buyer shall be deemed ito be in default under this Agreement and Seller may immediately exercise all of its rights and remedies under this Agreement, including the right to retain the Deposit, the Personalization Deposit and all other amounts paid by Buyer to Seller. With respect to VA guaranteed loans only, Buyer will receive a refund of the Deposit and Personalization Deposit if Buyer's Loan Commitmentis terminated for any reason..
6.6 Sale or Lease of Buyer's Real Property. If Buyer obtains a Loan Commitment conditioned upon the sale or lease of Buyer's present home or other real property before the Loan will be funded, then this Agreement will automatically be deemed subject to the Existing Property Contingency Section of this Agreement.
6.7 Waiver of Financing Condition. Buyer may waive the Financing Condition at any time by written notice to Seller accompanied by evidence satisfactory to Seller that Buyer has, or prior to Closing will have, sufficient funds for Closing. If the Financing Condition is waived, the Deposit and the Personalization Deposit shall be non-refundable to Buyer except as may otherwise be expressly set forth in this Agreement.
6.8 Appraisal Requirements for FHA Insured Financing and VA Guaranteed Loans. Notwithstanding any contrary provision in this Agreement, if Buyer is obtaining VA guaranteed or FHAinsured financing, Buyer will not be obligated to complete the purchase of the Property or incur a loss of the Deposit if the Base Price of the Property, plus the portion of the Personalization that is to be included in the Loan, exceeds the Property's appraised value as described in a direct endorsement by the Federal Housing Commissioner or a certificate of reasonable value from the VA, as applicable. In such event, if Buyer is obtaining VA guaranteed financing and fails to provide notice of Buyer's election to proceed or provides notice to Seller that Buyer does not desire to proceed with this Agreement, this Agreement shall terminate and the Deposit and the Personalization Deposit shall be refunded to Buyer. If Buyer is obtaining FHA insured financing, and fails to provide notice of Buyer's election to proceed or provides notice to Seller that Buyer does not desire to proceed with this Agreement, this Agreement shall terminate and the Deposit and the Personalization Deposit, except that portion attributable to Personalization selections already ordered by Seller, shall be refunded to Buyer. Buyer may elect to proceed with the purchase of the Property without regard to the Property's value established by FHA or VA by providing notice to Seller of Buyer's election to proceed within three days of Buyer's receipt of the direct endorsementor certificate of reasonable value, as applicable. The value established by FHA or VA determines the maximum loan amount FHA will insure or VA will guarantee. Buyer agrees that FHA and VA do not warrant the value, condition or workmanship of the Property, and that Buyer should satisfy itself that the price, condition and workmanship of the Property are acceptable.
7. EXISTING PROPERTY CONTINGENCY, The parties agree as indicated by the checked box below:
7.1 Designation of Contingency (check only one box):
_X. This Agreement is NOT subject to an Existing Property Contingency as defined below.
Buyeris required to sell or lease its existing property located at ("Existing Property") and the sale and closing or lease of the Existing Property is a contingency to Buyer's obligation to purchase the Property ("Existing Property Contingency’).
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&)RICHVIOND NOAAMERICAN HOMES
lf the Existing Property Contingency is checked, Buyer agrees to either (A), (B), or (C) below (check only one box):
[_] (A) Buyerhas entered into a contract with a qualified purchaserto sell the Existing Property. Buyer will provide Seller a copy of its executed contract within three days of Buyer's execution of this Agreement.
a (B) Buyerhaslisted, or will list within seven days of Buyer's execution ofthis Agreement, the Existing Property with a qualified, licensed real estate broker/agent who is a member of the multiple listing service ("MLS") in the area of the Existing Property. Buyer agrees that the Existing Property will belisted in the MLS at a price that does not exceed the Appraised Value. The Appraised Value of the Existing Property will be determined by the appraisal obtained by Seller as set forth in the Fees Section of this Agreement. If the Appraised Value of the Existing Property is less than the currentlisted price of the Existing Property, Buyer shall cause the price of the Existing Property to be adjusted to the Appraised Value. Buyer shall provide Seller a copyof the Listing Agreement and evidence of the MLS listing within seven days of: (i) Buyer's execution of this Agreement, or(if) Buyer's execution of the Listing Agreement, whicheveris later.
EL] (C) Buyer is required to lease its Existing Property as a condition to Buyer's obligation to purchase the Property. Buyer has listed or advertised or, within thirty days following commencement of construction of the Home, will list or advertise its Existing Property for rental at a rate and in a manner acceptable to Seller, and Lender, if any. Buyer shail provide Seller evidenceofthelisting or advertisement within three days following Buyer’ s listing or advertisement of the Existing Property.
Buyerwill be in default if Buyer fails to comply with anyofits obligations provided in this Section, and the Default and Remedies provision of this Agreement shall control.
7.2 Existing Property Contingency Period. If this Agreement is subject to the Existing Property Contingency, the Existing Property Contingency must be satisfied or waived by Buyer on or before i) the commencementof the installation of drywall in the Home, or ii) sixty days from Buyer's execution of this Agreement, whichever occurs first ("Contingency Period”). During the Contingency Period, Seller may continue to offer the Property for sale to the general public on such terms and conditions as Seller may determine and the Property may besold to a non-contingent buyer at any time. If Seller notifies Buyer of an offer to purchase the Property during the Contingency Period, Buyer shall be required to execute an Addendum removing or waiving the Existing Property Contingency and demonstrating to Seller's satisfaction the ability to perform in accordance with the terms of this Agreement. If Buyer does not execute the Addendum within 24 hours following notice by Seller of the third-party offer, this Agreementshall automatically terminate. If the Existing Property Contingency has not been satisfied or waived on or before the expiration of the Contingency Period, Seller may terminate this Agreement. Upon termination pursuant to this Section, the Deposit and the Personalization Deposit shall be refunded to Buyer, except that portion attributable to Personalization selections already ordered by Seller.
7.3. Multiple Moves. If the Existing Property is sold or rented prior to Closing, Buyer may need to secure alternate housing and move multiple times. In no event will Seller be responsible for alternate housing, moving expensesor other costs incurred by Buyer.
8. HOMEOWNERSASSOCIATION. Seller will deliver to Buyer a copy of any declaration of covenants, conditions and restrictions, design guidelines, rules and regulations ("Covenants") affecting the Property and a copy of the Articles of Incorporation and Bylaws ("Articles and Bylaws") of all homeowners associations for the Subdivision, if any, before or at Closing, or as provided by law. Buyer agrees to complywith all of the terms, conditions, and obligations set forth in the Covenants and Articles and Bylaws, as they may be amendedfrom time totime, including the obligation to pay assessments, initial reserves, and working capital contributions. Some Covenants contain dispute resolution provisions requiring arbitration of disputes between homeowners and the builders of their homes. If the Covenants contain such dispute resolution provisions, and provided that the Covenants do not prohibit alternative dispute resolution procedures, Buyer and Seller agree to resolve disputes between them in accordance with the provisions of this Agreement and notthe dispute resolution provisions of the Covenants.
9, TITLE INSURANCE. Buyer and Seller agree the title insurance company and closing agent for the transaction ("Closing Agent") shall be as set forth in the Title Insurance and Closing
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@ RICHVIOND ONT} HOMES Costs Addendum. On or before Closing, the designated title insurance companywill issue title insurance commitment to Buyer for review identifying recorded documents ("Title Commitment") which affect the title, ownership and use of the Property. The Closing Agent shall conduct the Closing in accordance with the Closing and escrow provisions of this Agreement and the Title Insurance and Closing Costs Addendum. Subsequent to Closing, Buyer shall receive a standard coverage title policy in a form promulgated by the American Land Title Association or California Land Title Association or such equivalent policy authorized by the state in which the Property is located ("Owner's Policy") insuring Buyer's ownership of the Property in the amountof the Total Purchase Price, subject to the exclusions and exceptions as referenced in the Title Commitment. The premium for the Owner's Policy shall be paid in accordance with the custom and practice in the applicable jurisdiction as provided in the Title Insurance and Closing Costs Addendum.
10. CONSTRUCTION.
10.4 Home Construction. Copies of the Plans approved by the applicable governing authority are available for inspection at Seller's office during normal business hours. Plans are copyrighted by and are the property of Seller, and copies will not be provided to Buyer.
Upon Buyer's request, and if available, Seller will provide any existing written report on the soil investigations, analyses and tests performed by an independentsoil engineerin the Subdivision in which the Property is located. Buyer accepts the soil conditions of the Property and foundation design and floor slabs and footings installed thereon without any expressed or implied warranties other than those contained in the Limited Warranty.
Buyer acknowledges that the Home, as selected by Buyer, may not fit within the Property boundaries in a manner that complies with the Covenants, or with governmental or quasi- governmental regulations. In such event, Buyer shail select alternate plans offered by Seller for the Lot or select an alternate lot if an alternate lot is available. If Buyer and Seller cannot agree on alternate plans, pricing, or other material matters related to the alternate selection, Buyer may terminate this Agreement, and the Deposit and the Personalization Deposit shall be refunded to Buyer.
Buyer agrees that the Home is not being built to the precise elevations, style, square footage, design or specifications of the Plans, or the specifications or design of any model homes or as shown in brochures, advertising and promotional media displayed by Seller which are for advertising and display purposes only. There are multiple methods available to calculate square footage and square footage estimates may vary based on the method. Any estimate by Seller of the square footage of the Property or the Home may not be exact andis not for Loan, valuation or other purposes.
Buyer agrees changes or substitutions in the construction of the Home may be made during construction as may be required by any governmental or quasi-governmental authorities or by the architectural committee of the homeowners association for the Subdivision, or as Seller may deem necessary, provided that in any such event, substitutions or changes are of comparable quality. Lot grades, lot areas, lot shape, building elevation and location, and the location of fences, utilities, walks, and driveways m