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Leg al For ms Ass ist ant 2
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Legal
Forms
Assistant
2
LEGAL FORMS KIT 2
COPYRIGHT AND DISCLAIMER
CopyrightAll text, graphics, the selection and arrangement thereof (unless otherwise noted) are Copyright © 1997-2016, Top Secret Publishing (TSP), 5025 N Central Ave #414, Phoenix, AZ 85012 USA. ALL RIGHTS RESERVED.
Some of the article contained in this report are considered Bonus articles, provided as a benefit to the reader. All Bonus articles are copyright their respective authors.
DisclaimerTop Secret Publishing is providing this report on an "as is" basis and makes no representations or warranties of any kind with respect to its contents. The articles contained herein are sold for informational purposes only and all local laws apply. Any use or misuse of this information is solely the responsibility of the purchaser. TSP disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, TSP does not represent or warrant that the information in this report is accurate, complete or current. This information was gathered from sources believed to be reliable, but cannot be guaranteed insofar as they apply to any particular individual.
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Email: Email: [email protected]
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TABLE OF CONTENTS
EMPLOYEE INVENTION AGREEMENT.....................................................................................................................................10EMPLOYEE NON-COMPETE AGREEMENT (SPECIFIC RADIUS).........................................................................................11EMPLOYEE NON-COMPETE AGREEMENT.............................................................................................................................12EMPLOYEE PHOTO AND RECORDING RELEASE.................................................................................................................13EMPLOYMENT AGREEMENT 1.................................................................................................................................................14EMPLOYMENT AGREEMENT 2.................................................................................................................................................17EMPLOYMENT REIMBURSEMENT AGREEMENT...................................................................................................................18EQUIPMENT LEASING AGREEMENT.......................................................................................................................................19EQUIPMENT MAINTENANCE AGREEMENT............................................................................................................................21EXTENSION OF LEASE..............................................................................................................................................................22EMPLOYMENT AGREEMENT....................................................................................................................................................23FICTITIOUS NAME CERTIFICATE-INDIVIDUAL.......................................................................................................................30FICTITIOUS NAME CERTIFICATE-PARTNERSHIP.................................................................................................................31FICTITIOUS NAME CERTIFICATE-BY CORPORATION..........................................................................................................32GENERAL POWER OF ATTORNEY..........................................................................................................................................33GENERAL RELEASE..................................................................................................................................................................35GUARANTY..................................................................................................................................................................................37INSTALLMENT NOTE..................................................................................................................................................................38JOINT-VENTURE AGREEMENT................................................................................................................................................39LAST WILL AND TESTAMENT...................................................................................................................................................46LEASE AGREEMENT FOR FURNISHED HOUSE....................................................................................................................61LEASE AGREEMENT..................................................................................................................................................................68LEASE OF PERSONAL PROPERTY..........................................................................................................................................83LIVING WILL (FEMALE)..............................................................................................................................................................86LIVING WILL (MALE)...................................................................................................................................................................89MANAGEMENT OF SINGLE FAMILY HOUSE..........................................................................................................................91MEMORANDUM OF CONTRACT FOR SALE AND PURCHASE OF PROPERTY................................................................96MEMORANDUM OF EMPLOYEE AUTOMOBILE EXPENSE ACCOUNT...............................................................................99MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS OF.......................................................................................101MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS.........................................................................104MINUTES OF THE FIRST MEETING OF SHAREHOLDERS..................................................................................................106
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MINUTES OF THE FIRST MEETING OF THE BOARD OF DIRECTORS..............................................................................110MODIFICATION AGREEMENT.................................................................................................................................................114MORTGAGE ASSUMPTION AGREEMENT.............................................................................................................................116MORTGAGE...............................................................................................................................................................................123NOTICE OF OVERDUE RENT..................................................................................................................................................135NOTICE OF REVOCATION OF POWER OF ATTORNEY......................................................................................................136OPTION AGREEMENT FOR PURCHASE OF REAL PROPERTY.........................................................................................138PARKING SPACE LEASE.........................................................................................................................................................144PROMISSORY NOTE.................................................................................................................................................................146PROMISSORY NOTE - INTEREST...........................................................................................................................................151PROMISSORY NOTE - SERIES................................................................................................................................................152PROMISSORY NOTE - BALLOON...........................................................................................................................................153PROMISSORY NOTE - DEMAND.............................................................................................................................................154PROMISSORY NOTE - GUARANTY........................................................................................................................................156PROMISSORY NOTE (LONG FORM)......................................................................................................................................157PROMISSORY NOTE (FOR OPEN ACCOUNT DEBT)...........................................................................................................159PROPERTY MANAGEMENT AGREEMENT............................................................................................................................160PROXY........................................................................................................................................................................................163PROMISSORY NOTE (DEMAND).............................................................................................................................................164PROMISSORY NOTE (IN LIEU OF OPEN ACCOUNT DEBT)...............................................................................................165PROMISSORY NOTE (INSTALLMENT NOTE - SHORT FORM)...........................................................................................166PROMISSORY NOTE DEMAND...............................................................................................................................................167PROMISSORY NOTE AND DISCLOSURE STATEMENT......................................................................................................168PROMISSORY NOTE WITH GUARANTY................................................................................................................................169PROMISSORY NOTE-INSTALLMENT-WITH ACCELERATION CLAUSE...........................................................................171PROMISSORY NOTE-INSTALLMENT.....................................................................................................................................173PROMISSORY NOTE.................................................................................................................................................................175PROMISSORY NOTE - BALLOON...........................................................................................................................................176PROMISSORY NOTE - DEMAND.............................................................................................................................................177PROMISSORY NOTE (FOR OPEN ACCOUNT DEBT)...........................................................................................................178PROMISSORY NOTE - INTEREST...........................................................................................................................................179PROMISSORY NOTE (LONG FORM)......................................................................................................................................180PROMISSORY NOTE - SERIES................................................................................................................................................182PERMISSION TO DISCUSS CONSUMER FILE.......................................................................................................................183
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PERMISSION TO USE QUOTE OR PERSONAL STATEMENT.............................................................................................185PEST CONTROL SERVICE AGREEMENT..............................................................................................................................186PHOTO AND RECORDING RELEASE....................................................................................................................................187 PLEDGE OF PERSONAL PROPERTY AS COLLATERAL SECURITY...............................................................................188PLEDGE OF SHARES OF STOCK AS COLLATERAL SECURITY.......................................................................................189POWER OF ATTORNEY...........................................................................................................................................................190QUIT-CLAIM DEED....................................................................................................................................................................192RATIFICATION OF MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS...........................................................194RATIFICATION OF THE MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS...............................195RATIFICATION OF MINUTES OF THE FIRST MEETING OF SHAREHOLDERS................................................................196RATIFICATION OF MINUTES OF THE FIRST MEETING OF THE BOARD OF DIRECTORS............................................197REAL ESTATE SALESMAN INDEPENDENT CONTRACTOR AGREEMENT......................................................................198RECEIPT FOR NON-REFUNDABLE DEPOSIT.......................................................................................................................203RENT RECEIPT..........................................................................................................................................................................204RENTAL APPLICATION............................................................................................................................................................205RESOLUTION - ACCEPTANCE OF OFFER TO EXCHANGE REALTY FOR SHARES OF CORPORATION...................208RESOLUTION - AUTHORIZATION FOR ISSUANCE OF SHARES OF A CORP IN EXCHANGE FOR REALTY..............209RETAINER..................................................................................................................................................................................211REVOCATION OF ELECTION UNDER IRS S-CORPORATION CLASSIFICATION............................................................213REVOCATION OF TRUST.........................................................................................................................................................215SALE OF MOTOR VEHICLE.....................................................................................................................................................217SHAREHOLDERS AGREEMENT.............................................................................................................................................219S CORPORATION - SHAREHOLDER'S CONSENT TO INITIAL ELECTION.......................................................................226SPECIAL POWER OF ATTORNEY FOR MEDICAL AUTHORIZATION................................................................................228SPECIAL POWER OF ATTORNEY..........................................................................................................................................230SPECIAL WARRANTY DEED...................................................................................................................................................232STOCK PURCHASE AGREEMENT.........................................................................................................................................235STOCK REDEMPTION AGREEMENT......................................................................................................................................241STORAGE SPACE LEASE........................................................................................................................................................246SUBSCRIPTION AGREEMENT................................................................................................................................................250WAIVER OF NOTICE OF THE FIRST MEETING OF BOARD OF DIRECTORS...................................................................252WAIVER OF NOTICE OF THE ANNUAL MEETING OF BOARD OF DIRECTORS..............................................................253WAIVER OF NOTICE OF THE ANNUAL MEETING OF THE SHAREHOLDERS.................................................................254WAIVER OF NOTICE OF FIRST MEETING OF THE SHAREHOLDERS..............................................................................255
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GUARANTEE.............................................................................................................................................................................256 GUARANTOR INSTRUMENT..................................................................................................................................................257INSURANCE BINDER................................................................................................................................................................258LETTER OF DEFAULT ON PROMISSORY NOTE..................................................................................................................259MUTUAL CANCELLATION OF LEASE...................................................................................................................................260MUTUAL RELEASE...................................................................................................................................................................261NEW FICTITIOUS NAME CERTIFICATE DUE TO CHANGE-PARTNERSHIP.....................................................................262NOT SECURED BY DEED OF TRUST (STRAIGHT NOTE)...................................................................................................263NOTICE AND TENDER BY DEBTOR.......................................................................................................................................264NOTICE OF ANNUAL MEETING OF SHAREHOLDERS........................................................................................................265NOTICE OF APPEAL.................................................................................................................................................................266NOTICE OF CLAIM OF LIEN....................................................................................................................................................267NOTICE OF DEFAULT..............................................................................................................................................................268NOTICE OF DISSOLUTION (PARTNERSHIP)........................................................................................................................270NOTICE OF INTENTION TO FORECLOSE..............................................................................................................................271NOTICE OF LEASE....................................................................................................................................................................272NOTICE OF TERMINATION OF LEASE...................................................................................................................................274NOTICE OF DEFAULT..............................................................................................................................................................275SETTLEMENT OFFER...............................................................................................................................................................276NOTICE DELINQUENT ACCOUNT..........................................................................................................................................277SECOND REQUEST FOR PAYMENT......................................................................................................................................278NOTICE DELINQUENT ACCOUNT TURNED OVER TO COLLECTIONS............................................................................279INSTALLMENT AGREEMENT TO PAY DEBT........................................................................................................................280FINAL NOTICE BEFORE LEGAL ACTION..............................................................................................................................281NOTICE TO BANK TO STOP PAYMENT ON CHECK............................................................................................................282NOTICE OF C.O.D......................................................................................................................................................................283GUARANTY 1.............................................................................................................................................................................284GUARANTY 2.............................................................................................................................................................................285PLEDGE......................................................................................................................................................................................287NOTICE OF RIGHT OF RESCISSION......................................................................................................................................288RECEIPT (SPECIFIC)................................................................................................................................................................290REAL ESTATE NOTE................................................................................................................................................................291POWER OF ATTORNEY - SIGN CHECKS..............................................................................................................................292RATIFICATION OF UNAUTHORIZED SIGNATURE...............................................................................................................293
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SECURITY AGREEMENT..........................................................................................................................................................294SUBORDINATION TO STATED AMOUNT..............................................................................................................................297SUBORDINATION AGREEMENT OF SECURED DEBT........................................................................................................298DISCHARGE OF SECURITY INTEREST.................................................................................................................................299LOAN PURPOSE AFFIDAVIT...................................................................................................................................................300SHORT FORM OF LEASE (RESIDENTIAL)............................................................................................................................301SELF RENEWING LEASE.........................................................................................................................................................303NOTICE TO TERMINATE TENANCY AT WILL.......................................................................................................................305NOTICE TO TERMINATE TENANT-AT-WILL..........................................................................................................................306NOTICE TO EXERCISE LEASE OPTION.................................................................................................................................307NOTICE NON-PAYMENT OF RENT.........................................................................................................................................308NOTICE ASSIGNMENT OF DEBT............................................................................................................................................309FIRM PRICE QUOTE.................................................................................................................................................................310NOTICE THAT DELIVERY WILL NOT BE MADE....................................................................................................................311NOTICE OF DEFECTIVE GOODS............................................................................................................................................312NOTICE OF NON-CONFORMING GOODS.............................................................................................................................313NOTICE TO ACCEPT NON-CONFORMING GOODS.............................................................................................................314NOTICE OF REJECTION OF GOODS......................................................................................................................................315NOTICE OF ELECTION TO RETURN......................................................................................................................................316MERCHANT BUYER'S REQUEST FOR INSTRUCTIONS AND DUTIES AS TO RIGHTFULLY REJECTED GOODS.....317NOTICE OF BUYER'S DISPOSITION OF RIGHTFULLY REJECTED GOODS....................................................................318PAYMENT AGAINST DOCUMENTS WITH RESERVATION OF RIGHTS.............................................................................319NOTICE-CANCEL ORDER........................................................................................................................................................320NOTICE OF BREACH OF WARRANTY...................................................................................................................................321REVOCATION OF ACCEPTANCE AFTER SELLER'S FAILURE TO CURE DEFECTS......................................................322WAIVER OF BREACH...............................................................................................................................................................323RENOUNCING CLAIM FOR BREACH.....................................................................................................................................324NOTICE-DISPUTED BALANCE................................................................................................................................................325SELLER'S OFFER TO ACCOMMODATE BUYER BY SHIPMENT OF NON-CONFORMING GOODS..............................326NOTICE BY SELLER OF COMMENCEMENT OF PERFORMANCE.....................................................................................327SELLER'S CONFORMATION OF ORDER...............................................................................................................................328SELLER'S AGREEMENT TO REPURCHASE.........................................................................................................................329SELLER'S DEMAND THAT BUYER SPECIFY BREACH.......................................................................................................330SELLER'S INSTRUCTIONS TO BUYER - REJECTED GOODS............................................................................................331
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SELLER'S DEMAND FOR CONTROL OF LITIGATION.........................................................................................................332FIRM OFFER TO SELL..............................................................................................................................................................333MEMORANDUM FOR STATUTE OF FRAUDS.......................................................................................................................334PLEDGE - SALE OF BUSINESS...............................................................................................................................................335NOTICE TO CREDITORS - PAYMENT IN FULL.....................................................................................................................336NOTICE OF CREDITORS - PARTIAL PAYMENT...................................................................................................................337ESCROW AGREEMENT FOR BULK SALES..........................................................................................................................339REQUEST FOR EMPLOYMENT REFERENCE.......................................................................................................................342OFFER OF EMPLOYMENT.......................................................................................................................................................343EMPLOYMENT AGREEMENT..................................................................................................................................................344REJECTION LETTER................................................................................................................................................................346WARNING NOTICE....................................................................................................................................................................347SUSPENSION NOTICE..............................................................................................................................................................348INVOLUNTARY DISCHARGE FROM EMPLOYMENT............................................................................................................349EMPLOYEE NON-COMPETE AGREEMENT...........................................................................................................................350EMPLOYEE NON-COMPETE AGREEMENT (SPECIFIC ACCOUNTS)................................................................................351EMPLOYEE NON-COMPETE AGREEMENT (SPECIFIC LOCATION)..................................................................................352RESIGNATION...........................................................................................................................................................................353EMPLOYEE REIMBURSEMENT AGREEMENT......................................................................................................................354EMPLOYEE INVENTION AGREEMENT...................................................................................................................................355NOTICE OF ANNUAL MEETING..............................................................................................................................................356NOTICE OF MEETING OF DIRECTORS..................................................................................................................................357NOTICE OF SPECIAL MEETING OF SHAREHOLDERS........................................................................................................358NOTICE OF SPECIAL MEETING OF DIRECTORS.................................................................................................................359MINUTES OF ANNUAL MEETING OF STOCKHOLDERS.....................................................................................................360MINUTES OF MEETING OF DIRECTORS...............................................................................................................................361MINUTES OF SPECIAL MEETING...........................................................................................................................................362WAIVER OF NOTICE OF ANNUAL MEETING........................................................................................................................363WAIVER OF NOTICE OF MEETING OF DIRECTORS............................................................................................................364SPECIAL MEETING WAIVER OF NOTICE..............................................................................................................................365RESIGNATION OF DIRECTOR.................................................................................................................................................366RESIGNATION OF OFFICER....................................................................................................................................................367MINUTES OF SPECIAL MEETING OF DIRECTORS..............................................................................................................368SECTION 1244 CORPORATION MINUTES OF BOARD OF DIRECTORS MEETING.........................................................370
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MEDICAL CARE PLAN MINUTES OF SPECIAL MEETING OF DIRECTORS......................................................................372MEDICAL CARE REIMBURSEMENT PLAN OF.....................................................................................................................373VOTE SETTING OF SALARY...................................................................................................................................................375VOTE EXECUTION OF LEASE.................................................................................................................................................376RATIFICATION OF _____ MEETING OF.................................................................................................................................377PARTNERSHIP AGREEMENT..................................................................................................................................................378JOINT VENTURE AGREEMENT...............................................................................................................................................381INDEPENDENT CONTRACTOR AGREEMENT......................................................................................................................384REAL ESTATE BROKER'S AGREEMENT..............................................................................................................................387SALES AGENCY AGREEMENT...............................................................................................................................................389FORM OF LIMITED WARRANTY.............................................................................................................................................391WILL (SIMPLE FORM)...............................................................................................................................................................392
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EMPLOYEE INVENTION AGREEMENT
EMPLOYEE INVENTION AGREEMENT FOR GOOD CONSIDERATION, and in consideration of the undersigned being employed by_ [Company]; the undersigned hereby agrees, acknowledges and represents: 1. The undersigned, during the course of employment, shall promptly disclose in writing to the company all inventions, discoveries, improvements, developments and innovations whether patentable or not, conceived in whole or in part by the undersigned or through assistance of the undersigned, and whether conceived or developed during working hours or not, which: a] Result from any work performed on behalf of Company, or pursuant to a suggested research project by the Company, or b] Relate in any manner to the existing or contemplated business of the Company, or c] Result from the use of the Company's time, material, employees or facilities. 2. The undersigned hereby assigns to the Company, its successors and assigns, all right, title and interest to said inventions. 3. The undersigned shall, at the Company's request, execute specific assignments to any such invention and execute, acknowledge, and deliver any additional documents required to obtain letters patent in any jurisdiction and shall, at the Company's request and expense, assist in the defense and prosecution of said letters patent as may be required by Company. This provision shall survive termination of employ with the Company. Signed under seal this _ day of _, 19_. ________________________________ Employee
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EMPLOYEE NON-COMPETE AGREEMENT (SPECIFIC RADIUS) EMPLOYEE NON-COMPETE AGREEMENT [Specific Radius] FOR GOOD CONSIDERATION, and in consideration of my being employed by _ [Company], I, the undersigned, hereby agree that upon my termination of employment and notwithstanding the cause of termination, I shall not compete with the business of the Company, or its successors or assigns. The term "not compete" as used in this agreement means that I shall not directly or indirectly, as an owner, officer, director, employee, consultant, or stockholder, engage in a business substantially similar or competitive to the business of the company. This non-compete agreement shall extend only for a radius of _ miles from the present location of the Company, and shall be in full force and effect for _ years, commencing with the date of employment termination. Signed under seal this _ day of _, 19_. _______________________________ Employee
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EMPLOYEE NON-COMPETE AGREEMENT
EMPLOYEE NON-COMPETE AGREEMENT FOR GOOD CONSIDERATION, and in consideration of my being employed by _ [Company], I, the undersigned, hereby agree that upon my termination of employment and notwithstanding the cause of termination, I shall not compete with the business of the Company, or its sucessors or assigns. The term "not compete" as used in this agreement means that I shall not directly or indirectly own, be employed by or work on behalf of any firm engaged in a business substantially similar and competitive with the Company. This non-compete agreement shall remain in full force and effect for _ years commencing with the date of employment termination. Signed under seal this_ day of _, 19_. _______________________________ Employee
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EMPLOYEE PHOTO AND RECORDING RELEASE
RELEASE In consideration of my employment with the [name of firm] , ("Company") and as part of the services being furnished by me to said Company, I hereby give my consent to the photographing of myself and to the recording of my voice. The Company is hereby authorized to use or cause to be used said still photographs or motion picture footage, recordings of my voice and my name for advertising, publicity, commercial or other business purposes. Said photographs and/or recordings may be used singualarly or in conjunction with other photographs and/or recordings. The Company has my authorization to reproduce, or cause to be reproduced and used such photographs and voice recordings. The same may be exhibited in all domestic and foreign markets. I understand that others may use and/or reproduce said photographs and/or recordings with or without the Company's consent. I hereby release the Company, any of its associated or affiliated companies, their directors, officers, agents, employees, customers and the Company's appointed advertising agencies, officers, directors, agents and employees, from all claims of any kind on account of such use. Witness:______________________ ___________________ Date ___________________
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EMPLOYMENT AGREEMENT 1 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT by and between _ [Company], and _ [Employee]. For good consideration, Company shall employ and the Employee agrees to be employed on the following terms: 1. EFFECTIVE DATE: Employment shall commence on _, 19_, time being of the essence. 2. DUTIES: Employee agrees to perform the following duties: [Describe general duties, or attach job description] _ Employee shall also perform such further duties as are incidental or implied from the foregoing, consistent with the background, training and qualifications of Employee or may be reasonably delegated as being in the best interests of the Company. The Employee shall devote full time to his employment and expend best efforts on behalf of Company. Employee further agrees to abide by all reasonable Company policies and decisions now or hereinafter existing. 3. TERM: The Employee's employment shall continue for a period of [_] years, beginning on the effective date of this agreement and ending on _, 19_. 4. COMPENSATION: The Employee shall be paid the following compensation: a] Annual Salary: $_, paid on the payroll schedule existing for other employees. b] Such bonuses, vacations, sick leave, retirement benefits and expense accounts as stated in the Company manual for other management personnel or as may be decided by the Company if said items are
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discretionary with the Company. 5. TERMINATION: This agreement may be earlier terminated upon: a] Death of Employee or illness or incapacity that prevents Employee from substantially performing for [_] continous months or in excess of [_] aggregate working days in any calender year. b] Breach of agreement by Employee. 6. MISCELLANEOUS: a] Employee agrees to execute a non-compete agreeement as annexed hereto. b] Employee agrees to execute a confidential information and invention assignment agreement as annexed hereto. c] This agreeement shall not be assignable by either party, provided that upon any sale of the business by Company, the Company may assign this agreement to its successor or employee may terminate same. d] In the event of any dispute under this agreement, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. e] This constitutes the entire agreement between the parties. Any modification must be in writing. 7. ADDITIONAL TERMS: _ Signed under seal this _ day of _, 19_. ______________________________ Company
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_____________________________ Employee
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EMPLOYMENT AGREEMENT 2 EMPLOYMENT AGREEMENT Agreement made between [name of company] , located at [address] , City of [city] , County of [county] State of [state] , herein referred to as "Company", and [name of employee] , of [address] , City of [city] , County of [county] , State of [state] herein referred to as "Employee". Company hereby employs employee to perform such duties at such times and in such manner as the company may from time to time direct. Employee agrees that he will perform those duties assigned to him to the best of his ability, to maintain a current and complete account of his work and expenses, to remit promptly to the company any monies paid to him or coming into his possession which belong to the company, to devote his full and undivided time to the transaction of company business and to refrain from being engaged in any other business during the tenure of his employment with the company. In consideration of the foregoing, company agrees to pay to employee the amount of [amount] Dollars, ($ ), per [period of time] plus reasonable travel expenses incurred for the purpose of conducting company business. This contract shall become effective on [date] and remain in effect until it is terminated by either party. Either party may terminate this agreement by providing the other party with [number] day's written notice of his or their intention. Should this agreement be terminated by either party, employee agrees that the payment in full to the date of termination shall fully satisfy all claims against the company under this agreement. In witness whereof, the parties have executed this agreement at [place of execution], on [date] ____________________ ____________________ [Signatures]
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EMPLOYMENT REIMBURSEMENT AGREEMENT
EMPLOYMENT REIMBURSEMENT AGREEMENT The undersigned officer or employee of _ [Company], agrees to repay to the Company all compensation payments or reimbursements that are disallowed, in whole or in part, as a deductible expense by the Internal Revenue Service. The reimbursement shall be made to the full extent of the disallowance upon an adverse decision of the last tribunal or agency to consider the issue, provided the Company shall not be obligated to seek further appeal if available. Signed under seal this _ day of _, 19_. ______________________________
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EQUIPMENT LEASING AGREEMENT
Equipment Leasing Agreement Chambers agrees to furnish and Customer agrees to hire the services of ______________________________________________ ______________("Equipment"), to be installed at the address [s] indicated below, subject solely to the terms and conditions of the existing Chambers Contract Pricing Agreement between________________________________________ and Chambers Corporation. Monthly Annual Two Year Contract No: Customer and Billing Address Installation Address ____________________________ ________________________ ____________________________ ________________________ ____________________________ ________________________ ____________________________ ________________________ Customer acknowledges the responsibilities of providing suitable electrical service and the payment of charges for the placement, removal, and any rigging expense for the equipment and accessories ordered herein. Earliest Customer Acceptance Date_____________ Equipment Purchase Order Required Yes, if yes complete below: Equipment Purchase Order No:_____________From_______To_________ CCP Special Reference Number_______________________ Customer Authorizes Initial Supplies: Yes: No Supply Purchase Order No:__________Supply Agreement No:________ Supply Purchase Order: Not necessary Attached To Follow Acceptance of this agreement is contingent upon review and approval of Chambers Corporation's Credit Department. This Agreement shall terminate in the event that Customer makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against the Customer under any law having for its purpose the adjudication of Customer as bankrupt or the reorganization of Customer or may be cancelled by Chambers without notice should Customer default in the payment of any money due hereunder. ____________________ ___________________
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Customer's Signature Chambers Corporation By:_________________ By________________Date_____ Title_______________ Title_________Branch_______
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EQUIPMENT MAINTENANCE AGREEMENT
EQUIPMENT MAINTENANCE AGREEMENT Chambers Corporation agrees to provide maintenance service including up to two maintenance calls annually and interim calls as required at the installation address specified a bove on the equipment listed. All charges specified are those currently in effect and are subject to change only at the time of subsequent annual renewal. If the charges are increased, the customer may, as of the effective date of such increase, terminate this Agreement by written notice to Chambers Corporation. Otherwise, the new charges shall become effective upon the date specified in the renewal invoice. This Agreement is limited to equipment regularly operated during a single eight hour shift per day, and all Chambers Corporation calls hereunder are restricted to the normal working hours of Chambers Corporation. To cover increased maintenance costs, if any piece of equipment is regularly operated during more than one eight hour shift per day, an increase in Annual Rate will apply as follows: Two Shifts 50% Three Shifts 100%. All service commenced outside of Chambers Corporation's normal working hours will be charged at published rates for service time and expense only. The following services are included: [fill in services here] Optimum performance of the equipment covered by this Agreement can be expected only if supplies provided by, or meeting the specifications of Chambers Corporation are used. Chambers Corporation shall have full and free access to the equipment to provide service thereon. If persons other than Chambers Corporation's representatives perform maintenance or repairs, and as a result further work is required by Chambers Corporation to restore the equipment to operating condition, such repairs will be billed at Chambers Corporation's published time and material rates then in effect. For service as specified above on the equipment listed, the undersigned agrees to pay in advance the total annual charge specified below to Chambers Corporation, in
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accordance with the terms specified on the face of the invoice.
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EXTENSION OF LEASE
EXTENSION OF LEASE EXTENSION AGREEMENT made by and between _ [Landlord], and _ [Tenant], relative to a certain lease agreement for premises known as _, and dated _, 19_ [Lease]. For good consideration, Landlord and Tenant each agree to extend the term of said Lease for a period of [_] years commencing on _, 19_ and terminating on _, 19_, with no further right to renewal or extension beyond said termination date. During extended term, Tenant shall pay rent of $_ per annum, payable $_ per month in advance, in lieu of the rent contained in the original Lease. It is further provided, however, that all other terms of the Lease shall continue during this extended term as if set forth herein. Signed under seal this _ day of _, 19_. _______________________________ Landlord _______________________________ Tenant
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EMPLOYMENT AGREEMENT
EMPLOYMENT AGREEMENT
This Agreement made and entered into this __(1)__ day of _________(2)_________,
19__(3)_, by and between ______(4)_______, of ________(5)__________, hereinafter referred
to as "employer", and ______(6)___________, of _________(7)____________, hereinafter
referred to as "employee".
The parties recite that:
A. Employer is engaged in _________(8)___________ and maintains business
premises at _________(9)_____________.
B. Employee is willing to be employed by employer, and employer is willing to employ
employee, on the terms and conditions hereinafter set forth.
For the reasons set forth above, and in consideration of the mutual covenants and
promises of the parties hereto, employer and employee covenant and agree as follows:
1. AGREEMENT TO EMPLOY AND BE EMPLOYED
Employer hereby employs employee as _______(10)________ at the above-mentioned
premises, and employee hereby accepts and agrees to such employment.
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2. DESCRIPTION OF EMPLOYEE'S DUTIES
Subject to the supervision and pursuant to the orders, advice, and direction of employer,
employee shall perform such duties as are customarily performed by one holding such position in
other businesses or enterprises of the same or similar nature as that engaged in by employer.
Employee shall additionally render such other and unrelated services and duties as may be
assigned to him from time to time by employer.
3. MANNER OF PERFORMANCE OF EMPLOYEE'S DUTIES
Employee shall at all times faithfully, industriously, and to the best of his ability,
experience, and talent, perform all duties that may be required of and from him pursuant to the
express and implicit terms hereof, to the reasonable satisfaction of employer. Such duties shall
be rendered at the abovementioned premises and at such other place or places as employer
shall in good faith require or as the interests, needs, business, and opportunities of employer
shall require or make advisable.
4. DURATION OF EMPLOYMENT
The term of employment shall be __(11)__ years, commencing on
_______(12)________, 19__(13)_, and terminating _______(14)________, 19__(15)_, subject,
however, to prior termination as provided in Sections 8 and 9 hereof.
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5. COMPENSATION; REIMBURSEMENT
Employer shall pay employee and employee agrees to accept from employer, in full
payment for employee's services hereunder, compensation at the rate of ____(16)______
Dollars ($________) per annum, payable ____(17)____. In addition to the foregoing, employer
will reimburse employee for any and all necessary, customary, and usual expenses incurred by
him while traveling for and on behalf of the employer pursuant to employer's directions.
6. EMPLOYEE'S LOYALTY TO EMPLOYER'S INTERESTS
Employee shall devote all of his time, attention, knowledge, and skill solely and
exclusively to the business and interests of employer, and employer shall be entitled to all
benefits, emoluments, profits, or other issues arising from or incident to any and all work,
services, and advice of employee. Employee expressly agrees that during the term hereof he will
not be interested, directly or indirectly, in any form, fashion, or manner, as partner, officer,
director, stockholder, advisor, employee, or in any other form or capacity, in any other business
similar to employer's business or any allied trade, except that nothing herein contained shall be
deemed to prevent or limit the right of employee to invest any of his surplus funds in the capital
stock or other securities of any corporation whose stock or securities are publicly owned or are
regularly traded on any public exchange, nor shall anything herein contained by deemed to
prevent employee from investing or limit employee's right to invest his surplus funds in real
estate.
7. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS
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Employee will not at any time, in any fashion, form, or manner, either directly or
indirectly divulge, disclose, or communicate to any person, firm, or corporation in any manner
whatsoever any information of any kind, nature, or description concerning any matters affecting
or relating to the business of employer, including, without limitation, the names of any its
customers, the prices it obtains or has obtained, or at which it sells or has sold its products, or
any other information concerning the business of employer, its manner of operation, or its plans,
processes, or other date of any kind, nature, or description without regard to whether any or all of
the foregoing matters would be deemed confidential, material, or important.
The parties hereby stipulate that, as between them, the foregoing matters are important,
material, and confidential, and gravely affect the effective and successful conduct of the
business of employer, and its good will, and that any breach of the terms of this section is a
material breach of this agreement.
8. OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE
Notwithstanding anything in this agreement to the contrary, employer is hereby given the
option to terminate this agreement in the event that during the term hereof employee shall
become permanently disabled, as the term "permanently disabled" is hereinafter fixed and
defined. Such option shall be exercised by employer giving notice to employee by registered
mail, addressed to him in care of employer at the above stated address, or at such other address
as employee shall designate in writing, of its intention to terminate this agreement on the last day
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of the month during which such notice is mailed. On the giving of such notice this agreement and
the term hereof shall cease and come to an end on the last day of the month in which the notice
is mailed, with the same force and effect as if such last day of the month were the date originally
set forth as the termination date. For purposes of this agreement, employee shall be deemed to
have become permanently disabled if, during any year of the term hereof, because of ill health,
physical or mental disability, or for other causes beyond his control, he shall have been
continuously unable or unwilling or have failed to perform his duties hereunder for thirty (30)
consecutive days, or if, during any year of the term hereof, he shall have been unable or
unwilling or have failed to perform his duties for a total period of thirty (30) days, whether
consecutive or not. For the purposes hereof, the term "any year of the term hereof" is defined to
mean any period of 12 calendar months commencing on the first day of _____(18)______ and
terminating on the last day of ____(19)_____ of the following year during the term hereof.
9. DISCONTINUANCE OF BUSINESS AS TERMINATION OF EMPLOYMENT
Anything herein contained to the contrary notwithstanding, in the event that employer
shall discontinue operations at the premises mentioned above, then this agreement shall cease
and terminate as of the last day of the month in which operations cease with the same force and
effect as if such last day of the month were originally set forth as the termination date hereof.
10. EMPLOYEE'S COMMITMENTS BINDING
ON EMPLOYER ONLY ON WRITTEN CONSENT
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Employee shall not have the right to make any contracts or other commitments for or on
behalf of employer within the written consent of employer.
11. CONTRACT TERMS TO BE EXCLUSIVE
This written agreement contains the sole and entire agreement between the parties, and
supersedes any and all other agreements between them. The parties acknowledge and agree
that neither of them has made any representation with respect to the subject matter of this
agreement or any representations inducing the execution and delivery hereof except such
representations as are specifically set forth herein, and each party acknowledges that he or it has
relied on his or its own judgment in entering into the agreement. The parties further acknowledge
that any statements or representations that may have heretofore been made by either of them to
the other are void and of no effect and that neither of them has relied thereon in connection with
his or its dealings with the other.
12. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING
No waiver or modification of this agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. Furthermore, no evidence of any waiver or modification shall be offered or received
in evidence in any proceeding, arbitration, or litigation between the parties arising out of or
affecting this agreement, or the rights or obligations of any party hereunder, unless such waiver
or modification is in writing, duly executed as aforesaid. The provisions of this paragraph may
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not be waived except as herein set forth.
13. CONTRACT GOVERNED BY LAW
This agreement and performance hereunder and all suits and special proceedings
hereunder shall be construed in accordance with the laws of the State of _______(20)_______.
14. BINDING EFFECT OF AGREEMENT
This agreement shall be binding on and inure to the benefit of the respective parties and
their respective heirs, legal representatives, successors, and assigns.
Executed on the date first above written.
"Employer"
____________(21)_______________
"Employee"
____________(22)_______________
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FICTITIOUS NAME CERTIFICATE-INDIVIDUAL
Certificate of Transaction of Business Under Fictitious Name - by Individual Certificate KNOW ALL MEN BY THESE PRESENTS: That the undersigned does hereby certify the following: 1. The undersigned is transacting or proposes to transact business in the State of _____________ under the fictitious name of ______________________________________. 2. The principal place of said business is located at ______________________________________. 3. The full name of the undersigned is _________________. 4. The place of residence of the undersigned is _________ _______________________________________. Dated _______________ ________________________ [Signature]
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FICTITIOUS NAME CERTIFICATE-PARTNERSHIP
Certificate of Transaction of Business Under Fictitious Name - by Partnership Certificate IT IS HEREBY CERTIFIED AS FOLLOWS: 1. The undersigned are the partners of a ____________ (general or limited) partnership that is transacting or proposes to transact business in the State of ____________, under the fictitious name of _____________________________. 2. The principal place of said business is located at _________________________________________. 3. The full names and places of residence of the undersigned are : _________________________, whose place of residence is ___________________________________________. _________________________, whose place of residence is __________________________________________. Dated: ________________ /S/__________________________ /S/__________________________
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FICTITIOUS NAME CERTIFICATE-BY CORPORATION
Certificate of Transaction of Business Under Fictitious Name - By Corporation Certificate KNOW ALL MEN BY THESE PRESENTS; That the undersigned coporation hereby certifies that it is transacting or proposes to transact business in the State of ___________________, under the fictitious name of _______________; and that the principal place of business of said corporation in the State of __________ is located at _____________________, in the City of ________________, County of _________________________. Dated: ___________________ _______________________ [Name of Corporation] [Corporate Seal] By _______________________ [/S/ Corporate Officer] [ACKNOWLEDGMENT]
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GENERAL POWER OF ATTORNEY
GENERAL POWER OF ATTORNEY
I, ________(1)__________, of ________(2)____________, hereby appoint
__________(3)____________, of _________(4)_____________, as my attorney in fact to act in
my capacity to do every act that I may legally do through an attorney in fact. This power shall be
in full force and effect on the date below written and shall remain in full force and effect until
_______(5)____________ or unless specifically extended or rescinded earlier by either party.
Dated _______(6)____________, 19_(7)__.
____________(8)_______________
STATE OF _________(9)___________
COUNTY OF ________(10)__________
BEFORE ME, the undersigned authority, on this _(11)_ day of _______(12)_______,
19_(13)_, personally appeared _______(14)_______________ to me well known to be the
person described in and who signed the Foregoing, and acknowledged to me that he executed
the same freely and voluntarily for the uses and purposes therein expressed.
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WITNESS my hand and official seal the date aforesaid.
_____________(15)____________
NOTARY PUBLIC
My Commission Expires:__(16)__
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GENERAL RELEASE
GENERAL RELEASE
BE IT KNOWN, that ________(1)_________, (hereinafter referred to as "Releasor"), for
and in consideration of the sum of _________(2)_________ ($_________) Dollars, and other
valuable consideration received from or on behalf of _________(3)________, (hereinafter
referred to as "Releasee"), the receipt of which is hereby acknowledged, does hereby remise,
release, acquit, satisfy, and forever discharge the said Releasee, of and from all manner of
actions, causes of action, suits, debts, covenants, contracts, controversies, agreements,
promises, claims and demands whatsoever, which said Releasor ever had, now has, or which
any personal representative, successor, heir or assign of said Releasor, hereafter can, shall or
may have, against said Releasee, by reason of any matter, cause or thing whatsoever, from the
beginning of time to the date of this instrument.
IN WITNESS WHEREOF, the said Releasor has hereunto set hand and seal this _(4)_
day of ________(5)_________, 19_(6)_.
Signed, sealed and delivered in the presence of:
"RELEASOR"
_____________(7)________________ _____________(8)_______________
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_____________(7)________________
STATE OF ________(9)________
COUNTY OF _______(10)_______
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid, to take acknowledgments, personally appeared
________(11)_________, to me known to be the person described in and who executed the
foregoing instrument and acknowledged before me that it was executed for the purposes set out
therein.
____________(12)______________
My Commission Expires: ________(13)________
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GUARANTY
GUARANTY
FOR VALUE RECEIVED, the undersigned do hereby guarantee payment of the above note and agree to remain fully bound until fully paid.
-------------------------
-------------------------
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INSTALLMENT NOTE
INSTALLMENT NOTE
$________(1)_________ Date: ______(2)_______
I promise to pay the sum of ______(3)________ ($____________) to the order of
________(4)_________ at ________(5)______________ in the following manner:
The sum of $______(6)_____ on the _(7)_ day of ____(8)______, 19_(9)_; and the sum
of $_____(10)_____ on the __(11)__ of each month thereafter until the entire amount is repaid,
said sum including interest at the rate of _(12)_ % per annum.
The maker and endorser of this note further agree to waive demand, notice of non-
payment and protest, and in case suit shall be brought for the collection hereof, or the same has
to be collected upon demand of an attorney, to pay reasonable attorney's fees for making such
collection.
_____________(13)________________
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JOINT-VENTURE AGREEMENT
JOINT VENTURE AGREEMENT
THIS JOINT VENTURE AGREEMENT (the "Agreement"), made and entered into as of
this _(1)_ day of ______(2)______, 19_(3)_, by and between _______(4)_______ of
_____(5)_____ (hereinafter "____________") and _____(6)______ of _____(7)______
(hereinafter "____________").
ARTICLE I
GENERAL PROVISIONS
1.01 Business Purpose. The business of the Joint Venture shall be as follows:
(Describe Business Purpose)
1.02 Term of the Agreement. This Joint Venture shall commence on the date first above
written and shall continue in existence until terminated, liquidated, or dissolved by law or as
hereinafter provided.
ARTICLE II
GENERAL DEFINITIONS
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The following comprise the general definitions of terms utilized in this Agreement:
2.01 Affiliate. An Affiliate of an entity is a person that, directly or indirectly through one or
more intermediaries, controls, is controlled by or is under common control of such entity.
2.02 Capital Contribution(s). The capital contribution to the Joint Venture actually made
by the parties, including property, cash and any additional capital contributions made.
2.03 Profits and Losses. Any income or loss of the Partnership for federal income tax
purposes determined by the Partnership's fiscal year, including, without limitation, each item of
Partnership income, gain, loss or deduction.
ARTICLE III
OBLIGATIONS OF THE JOINT VENTURERS
______(8)________ is responsible for all operations and decisions of the Joint Venture
and will be compensated for providing various services.
ARTICLE IV
ALLOCATIONS
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4.01 Profits and Losses. Commencing on the date hereof and ending on the termination
of the business of the Joint Venture, all profits, losses and other allocations to the Joint Venture
shall be allocated as follows at the conclusion of each fiscal year:
_____________ . . . . . . . . _(9)_%
_____________ . . . . . . . . . (10)_%
ARTICLE V
RIGHTS AND DUTIES OF THE JOINT VENTURERS
5.01 Business of the Joint Venture. _______(11)_______ shall have full, exclusive and
complete authority and discretion in the management and control of the business of the Joint
Venture for the purposes herein stated and shall make all decisions affecting the business of the
Joint Venture. At such, any action taken shall constitute the act of, and serve to bind, the Joint
Venture. ______(12)____ shall manage and control the affairs of the Joint Venture to the best
of its ability and shall use its best efforts to carry out the business of the Joint Venture.
______(13)______ shall not participate in or have any control over the Joint Venture business
nor shall it have any authority or right to act for or bind the Joint Venture.
ARTICLE VI
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AGREEMENTS WITH THIRD PARTIES AND
WITH AFFILIATES OF THE JOINT VENTURERS
6.01 Validity of Transactions. Affiliates of the parties to this Agreement may be engaged
to perform services for the Joint Venture. The validity of any transaction, agreement or payment
involving the Joint Venture and any Affiliates of the parties to this Agreement otherwise
permitted by the terms of this Agreement shall not be affected by reason of the relationship
between them and such Affiliates or the approval of said transactions, agreement or payment.
6.02 Other Business of the Parties to this Agreement. The parties to this Agreement and
their respective Affiliates may have interests in businesses other than the Joint Venture
business. The Joint Venture shall not have the right to the income or proceeds derived from such
other business interests and, even if they are competitive with the Partnership business, such
business interests shall not be deemed wrongful or improper.
ARTICLE VII
PAYMENT OF EXPENSES
All expenses of the Joint Venture shall be paid by ______(14)_____ and shall be
reimbursed by the Joint Venture.
ARTICLE VIII
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INDEMNIFICATION OF THE JOINT VENTURERS
The parties to this Agreement shall have no liability to the other for any loss suffered
which arises out of any action or inaction if, in good faith, it is determined that such course of
conduct was in the best interests of the Joint Venture and such course of conduct did not
constitute negligence or misconduct. The parties to this Agreement shall each be indemnified by
the other against losses, judgments, liabilities, expenses and amounts paid in settlement of any
claims sustained by it in connection with the Joint Venture.
ARTICLE IX
DISSOLUTION
9.01 Events of the Joint Venturers. The Joint Venture shall be dissolved upon the
happening of any of the following events:
(a) The adjudication of bankruptcy, filing of a petition pursuant to a Chapter of the
Federal Bankruptcy Act, withdrawal, removal or insolvency of either of the parties.
(b) The sale or other disposition, not including an exchange of all, or substantially all, of
the Joint Venture assets.
(c) Mutual agreement of the parties.
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ARTICLE X
MISCELLANEOUS PROVISIONS
10.01 Books and Records. The Joint Venture shall keep adequate books and records at
its place of business, setting forth a true and accurate account of all business transactions arising
out of and in connection with the conduct of the Joint Venture.
10.02 Validity. In the event that any provision of this Agreement shall be held to be
invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this
Agreement.
10.03 Integrated Agreement. This Agreement constitutes the entire understanding and
agreement among the parties hereto with respect to the subject matter hereof, and there are no
agreements, understandings, restrictions or warranties among the parties other than those set
forth herein provided for.
10.04 Headings. The headings, titles and subtitles used in this Agreement are for ease of
reference only and shall not control or affect the meaning or construction of any provision hereof.
10.05 Notices. Except as may be otherwise specifically provided in this Agreement, all
notices required or permitted hereunder shall be in writing and shall be deemed to be delivered
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when deposited in the United States mail, postage prepaid, certified or registered mail, return
receipt requested, addressed to the parties at their respective addresses set forth in this
Agreement or at such other addresses as may be subsequently specified by written notice.
10.06 Applicable Law and Venue. This Agreement shall be construed and enforced
under the laws of the State of ____(15)____.
10.07 Other Instruments. The parties hereto covenant and agree that they will execute
each such other and further instruments and documents as are or may become reasonably
necessary or convenient to effectuate and carry out the purposes of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written. Signed, sealed and delivered in the presence of:
____________(16)_______________ ____________(17)______________
____________(16)_______________
____________(16)_______________ ____________(18)______________
____________(16)_______________
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LAST WILL AND TESTAMENT
LAST WILL AND TESTAMENT OF
____________(1)____________
I, ________(2)__________, of _____________(3)_______________ being of sound and
disposing mind, do hereby make, publish and declare the following to be my Last Will and
Testament, revoking all previous will and codicils made by me.
I declare that I am married to _________(4)_________, to which I have referred to
herein as my "spouse", and that I have __(5)__ children now living whose names and birth dates
are: (List Children's Names and Birthdates)
I have _(6)_ deceased children.
All references to "my children" in this will include all of the above-named children and
also any child hereafter born or adopted by me.
I
My spouse and I are executing wills at approximately the same time in which each is the
primary beneficiary of the other. These wills are not being made because of any contractual
agreement between us, and either will may at any time be revoked by either maker at the sole
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discretion thereof.
II
I appoint my spouse as personal representative of my will. If unable or unwilling to act, or
to continue to act, as executor of my will, I then appoint ___________(7)___________ as
personal representative of my will.
No bond or other security of any kind shall be required of any personal representative
appointed in this will.
My personal representative, whether original, substitute or successor, shall hereafter also
be referred to as my "executor".
III
I direct that my executor pay all of my funeral expenses, all state and federal estate,
inheritance and succession taxes, administration costs and all of my debts subject to statute of
limitations, except mortgage notes secured by real estate, as soon as practical.
IV
I give, devise and bequeath all of the rest, residue and remainder of my estate, of
whatever kind and character, and wherever located, to my spouse, provided that my spouse
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survives me.
I make no provision for my children, knowing that, as their parent, my spouse will
continue to be mindful of their needs and requirements.
V
If my spouse does not survive me, then I give, devise and bequeath all of the rest,
residue and remainder of my estate, of whatever kind and character, and wherever located, to
my children per stirpes, and I direct that the share of any child of mine who shall have died
leaving no issue shall be divided among my surviving children in equal shares per stirpes.
VI
My executor shall have the following additional powers with respect to my estate, to be
exercised from time to time at my executor's discretion without further license or order of any
court.
Business Interest
To sell or otherwise liquidate, or to continue to operate my executor's discretion, any
corporation, partnership or other business interest received by my estate.
Property of My Estate
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To retain any and all property and securities of my estate in the name of my executor as
executor or in my executor's own name.
Retention of Assets
To retain all property and securities of my estate for as long as my executor deems
advisable.
Management of Estate
To invest, lease, rent, mortgage, insure, repair, improve or sell any and all real and
personal property belong to my estate as my executor deems advisable.
Mortgages, Pledges and Deeds of Trust
To enforce any and all mortgages, pledges and deeds of trust held by my estate and to
purchase at any sale thereunder any such real or personal property subject to any mortgage,
pledge or deed of trust.
Litigation
To initiate or defend, at my executor's discretion, any litigation affecting my estate.
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Attorneys, Advisors and Agents
To employ and to pay from my estate reasonable compensation to such attorneys,
accountants, brokers, and investment, tax and other advisors as my executor shall deem
advisable.
Adjustment of Claims
To submit to arbitration, to compromise or to release or otherwise adjust, with or without
compensation, any and all claims affecting the trust estate.
Distribution of My Estate
In distributing my estate, to make said distribution wholly or partly in kind by transferring
or allotting such real or personal property or undivided interest therein.
VII
If any person, whether or not related to me by blood or in any way, shall attempt, either
directly or indirectly, to set aside the probate of my will or oppose any of the provisions hereof,
and such person shall establish a right to any portion of my estate, then I give and bequeath the
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sum of one dollar ($1.00), only that, and no further interest whatever in my estate to such
person.
VIII
In the event that any of my property, or all of it, at the time of my death is community
property under the laws of any jurisdiction, then my will shall be construed as referring only to my
community-property interest therein.
IX
If any portion of my will shall be held illegal, invalid or otherwise inoperative, it is my
intention that all of the other provisions hereof shall continue to be fully effective and operative
insofar as is possible and reasonable.
IN WITNESS WHEREOF, I have hereto set my hand and seal this _(8)_ day of
______(9)_______, 19_(10)_.
____________(11)_______________
Signed, sealed, published and declared to be the Last Will and Testament by
______(12)________ in the presence of all of us, who, in the presence and at the request, and in
the presence of each other, have hereunto subscribed our names as witnesses:
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WITNESS NAMES AND SIGNATURES WITNESS ADDRESS
___________(13)_____________ ___________(14)__________
Name:
___________(13)_____________ ___________(14)__________
Name:
___________(13)_____________ ___________(14)__________
ATTY'S WILL DRAFTING INFORMATION - COMPLEX WILLS, MINOR CHILDREN AND/OR TRUSTS
DATE:__________________
I. PERSONAL AND FAMILY DATA
A. GENERAL:
HOME ADDRESS:
HOW LONG? YRS.
MAILING ADDRESS:
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HOME PHONE NO: ( )
WORK PHONE NO.: ( ) DATE MARRIAGE: / /PLACE OF MARRIAGE (CITY,COUNTY,STATE) B. MALE SPOUSE: SOC. SEC. # DATE BIRTH: / /PLACE (CITY/COUNTY/STATE):IF DECEASED, DATE OF DEATH:__________; PLACE OF DEATH:_____________; WILL PROBATED WHERE: EMPLOYER: PHONE NO.( ) EMPLOYER ADDRESS:TITLE: C. FEMALE SPOUSE:SOC. SEC. # FULL MAIDEN NAME:OTHER LAST NAMES:DATE BIRTH: / / PLACE (CITY/COUNTY/STATE): IF DECEASED, DATE OF DEATH:______; PLACE OF DEATH:________________;WILL PROBATED WHERE: EMPLOYER: PHONE NO. ( ) EMPLOYER ADDRESS:TITLE: D. FORMER MARRIAGES:HUSBANDWIFE NAME OF FORMER SPOUSE:DATE/PLACE OF MARRIAGES:DATE/PLACE OF DIVORCE/DEATH: BRING COPY OF DIVORCE DECREES AND OTHER MARITAL AGREEMENTS WHICH COULD AFFECT YOUR WILL. E. CHILDREN BORN/ADOPTED OF THIS MARRIAGEBIRTH DATE PLACE BIRTH DATE DEATH ADDRESS F. HUSBAND'S OTHER CHILDRENBIRTH DATE PLACE BIRTH DATE DEATH ADDRESS
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G. WIFE'S OTHER CHILDRENBIRTH DATE PLACE BIRTH DATE DEATH ADDRESS
H. ARE THERE ANY MARITAL/PREMARITAL CONTRACTS BETWEEN YOU AND YOUR PRESENT/PRIOR SPOUSE?IF SO, PLEASE FURNISH YOUR ATTORNEY A COPY. ALSO, ANY DIVORCE DECREES INVOLVING MINORS. II. DISPOSITION OF ESTATE (COMMUNITY PROPERTY IS THAT ACQUIRED DURING MARRIAGE EXCEPT GIFTS OR INHERITANCE; SEPARATE PROPERTY IS THAT ACQUIRED BEFORE MARRIAGE OR BY GIFT OR INHERITANCE) A. HUSBANDS WILL: EXECUTOR TO BE YOUR WIFE?___________.IF NOT, PLEASE GIVE NAME/ADDRESS:
ALTERNATE EXECUTOR:ADDRESS:
2ND ALTERNATE EXECUTOR:ADDRESS:
GUARDIAN/MANAGING CONSERVATOR OF CHILD(REN):ADDRESS:
ALTERNATE GUARDIAN/MAN. CONSRV. OF CHILD:ADDRESS: TRUSTEE(S) OF TRUST:ADDRESS: ALTERNATE TRUSTEE(S):ADDRESS: WHAT ASSETS TO WIFE, IF SHE SURVIVES FOR (30) (60) DAYS: (YOUR CHOICE IS __________ DAYS SURVIVING PERIOD) ALL COMMUNITY PROPERTY? IF NOT, LIST ON SEPARATE PAGE WHAT SHE IS TO INHERIT AND WHICH IS TO GO TO OTHERS. ALL SEPARATE PROPERTY? IF NOT, LIST ON SEPARATE PAGE WHAT SHE IS TO INHERIT AND WHICH IS TO GO TO OTHERS. ANY SPECIFIC BEQUESTS NEED BE ADDED HERE: IF WIFE DOES NOT SO SURVIVE YOU FOR (30) (60) DAYS:
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ALL COMMUNITY PROPERTY TO CHILDREN OF THIS MARRIAGE, EQUALLY? _________. IF NOT, LIST ON SEPARATE PAGE WHO IS TO GET WHAT. ALL SEPARATE PROPERTY TO CHILDREN OF THIS MARRIAGE, EQUALLY? __________. IF NOT, LIST ON SEPARATE PAGE WHO IS TO GET WHAT. ANY SPECIFIC BEQUESTS NEED BE ADDED HERE: TRUST (TRUST WILL BE CREATED FOR MINORS UNLESS OTHERWISE INSTRUCT):CREATE TRUST FOR MINORS?MINOR IF AGE (18)(19)(20)(21)(_________). WHEN IS MINOR TO RECEIVE HIS/HER SHARE OF THE TRUST ESTATE? INCOME EARNED DURING PERIOD -- IS IT TO BE (RETAINED INTACT) (USED FOR SCHOOL, CLOTHING, CAR, FOOD, HOUSING, MEDICAL, __________) TRUST ASSETS - CAN THEY BE SOLD?_________ HOME SOLD?__________ CAR SOLD?_______ OTHER CAN TRUST ASSETS (ALL) (SOME, AS NECESSARY) BE USED UP ANNUALLY TO CARE FOR MINORS? RESTRICTION: IF MORE THAN ONE MINOR, IS THERE TO BE (ONE TRUST) (SEPARATE TRUSTS FOR EACH)? CAN TRUSTEE EXPEND MORE INCOME FOR ONE MINOR BECAUSE OF NEED? ______ RESTRICTIONS: IF MORE THAN ONE TRUST, CAN ASSETS BE OWNED JOINTLY?_______ CAN THE INCOME BE COMMINGLED?_________ HOW: IF MINOR DIES BEFORE REACHING REQUIRED AGE, WHO IS TO RECEIVE THAT SHARE: IF ANY OF THE CHILDREN NAMED AS CONTINGENT BENEFICIARIES PREDECEASE YOU OR FAIL TO SURVIVE YOU FOR 30 DAYS, ARE THE THEN LIVING DESCENDANTS (YOUR GRANDCHILDREN) TO RECEIVE THAT CHILD'S INHERITANCE?_________; OR, IS SUCH SHARE TO GO TO THE NAMED CHILDREN WHO SURVIVE YOU FOR 30 DAYS?____________. IF NEITHER APPLY, SET FORTH DETAILS ON SUPPLEMENTAL SHEET. NAME THOSE WHOM YOU WANT TO DISINHERIT: DISINHERIT ANY ILLEGITIMATE CHILDREN?__________ CHILDREN THAT PARENTAL RIGHTS TERMINATED? FUNERAL SERVICE DESIRES: (CHURCH) (FUNERAL HOME) (CREMATION) (MASONIC) OTHER:
WANT (SPOUSE) (EXECUTOR) TO DETERMINE TYPE AND COST OF SERVICE?________________ HEADSTONE?___________ FUNERAL INSURANCE?______ IMPORTANT: IT IS WISE FOR YOU TO PREPARE AN INVENTORY OF YOUR ASSETS, INCLUDING LIFE INSURANCE, ANNUITIES, RETIREMENT PLANS,
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INVESTMENTS, PROPERTIES--REAL AND PERSONAL--TO DETERMINE WHETHER OR NOT YOU HAVE A POSSIBLE TAXABLE ESTATE. AT PRESENT TIME (1992), $600,000.00 ESTATE IS NOT TAXABLE, BUT OVER THAT SUM IS TAXABLE. UNLESS OTHERWISE SO INSTRUCTED, YOUR ATTORNEY WILL NOT BE PERFORMING AN ESTATE TAX EVALUATION IN DRAFTING YOUR WILL. B. WIFE'S WILL: EXECUTOR TO BE YOUR HUSBAND?___________.IF NOT, PLEASE GIVE NAME/ADDRESS: ALTERNATE EXECUTOR:ADDRESS: 2ND ALTERNATE EXECUTOR:ADDRESS: GUARDIAN/MANAGING CONSERVATOR OF CHILD(REN):ADDRESS: ALTERNATE GUARDIAN/MAN. CONSRV. OF CHILD:ADDRESS: TRUSTEE(S) OF TRUST:ADDRESS: ALTERNATE TRUSTEE(S):ADDRESS: WHAT ASSETS TO HUSBAND, IF HE SURVIVES FOR (30) (60) DAYS: (YOUR CHOICE IS __________ DAYS SURVIVING PERIOD) ALL COMMUNITY PROPERTY? IF NOT, LIST ON SEPARATE PAGE WHAT SHE IS TO INHERIT AND WHICH IS TO GO TO OTHERS. ALL SEPARATE PROPERTY? IF NOT, LIST ON SEPARATE PAGE WHAT SHE IS TO INHERIT AND WHICH IS TO GO TO OTHERS. ANY SPECIFIC BEQUESTS NEED BE ADDED HERE: IF HUSBAND DOES NOT SO SURVIVE YOU FOR (30) (60) DAYS: ALL COMMUNITY PROPERTY TO CHILDREN OF THIS MARRIAGE, EQUALLY? _________. IF NOT, LIST ON SEPARATE PAGE WHO IS TO GET WHAT. ALL SEPARATE PROPERTY TO CHILDREN OF THIS MARRIAGE, EQUALLY? __________. IF NOT, LIST ON SEPARATE PAGE WHO IS TO GET WHAT. ANY SPECIFIC BEQUESTS NEED BE ADDED HERE: TRUST (TRUST WILL BE CREATED FOR MINORS UNLESS OTHERWISE INSTRUCT):CREATE TRUST FOR MINORS?MINOR IF AGE (18)(19)(20)(21)(_________). WHEN IS MINOR TO RECEIVE HIS/HER SHARE OF THE TRUST ESTATE?
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INCOME EARNED DURING PERIOD -- IS IT TO BE (RETAINED INTACT) (USED FOR SCHOOL, CLOTHING, CAR, FOOD, HOUSING, MEDICAL, __________) TRUST ASSETS - CAN THEY BE SOLD?_________ HOME SOLD?__________ CAR SOLD?_______ OTHER CAN TRUST ASSETS (ALL) (SOME, AS NECESSARY) BE USED UP ANNUALLY TO CARE FOR MINORS? RESTRICTION: IF MORE THAN ONE MINOR, IS THERE TO BE (ONE TRUST) (SEPARATE TRUSTS FOR EACH)? CAN TRUSTEE EXPEND MORE INCOME FOR ONE MINOR BECAUSE OF NEED? ______ RESTRICTIONS: IF MORE THAN ONE TRUST, CAN ASSETS BE OWNED JOINTLY?_______ CAN THE INCOME BE COMMINGLED?_________ HOW: IF MINOR DIES BEFORE REACHING REQUIRED AGE, WHO IS TO RECEIVE THAT SHARE: IF ANY OF THE CHILDREN NAMED AS CONTINGENT BENEFICIARIES PREDECEASE YOU OR FAIL TO SURVIVE YOU FOR 30 DAYS, ARE THE THEN LIVING DESCENDANTS (YOUR GRANDCHILDREN) TO RECEIVE THAT CHILD'S INHERITANCE?_________; OR, IS SUCH SHARE TO GO TO THE NAMED CHILDREN WHO SURVIVE YOU FOR 30 DAYS?____________. IF NEITHER APPLY, SET FORTH DETAILS ON SUPPLEMENTAL SHEET. NAME THOSE WHOM YOU WANT TO DISINHERIT: DISINHERIT ANY ILLEGITIMATE CHILDREN?__________ CHILDREN THAT PARENTAL RIGHTS TERMINATED? FUNERAL SERVICE DESIRES: (CHURCH) (FUNERAL HOME) (CREMATION) (MASONIC) OTHER:
WANT (SPOUSE) (EXECUTOR) TO DETERMINE TYPE AND COST OF SERVICE?________________ HEADSTONE?___________ FUNERAL INSURANCE?______ IMPORTANT: IT IS WISE FOR YOU TO PREPARE AN INVENTORY OF YOUR ASSETS, INCLUDING LIFE INSURANCE, ANNUITIES, RETIREMENT PLANS, INVESTMENTS, PROPERTIES--REAL AND PERSONAL--TO DETERMINE WHETHER OR NOT YOU HAVE A POSSIBLE TAXABLE ESTATE. AT PRESENT TIME (1992), $600,000.00 ESTATE IS NOT TAXABLE, BUT OVER THAT SUM IS TAXABLE. UNLESS OTHERWISE SO INSTRUCTED, YOUR ATTORNEY WILL NOT BE PERFORMING AN ESTATE TAX EVALUATION IN DRAFTING YOUR WILL. III. FIDUCIARIES IS EXECUTOR TO RECEIVE A FEE? __________ SUBSTITUTE EXECUTOR? __________ HOW MUCH OR HOW DETERMINED?
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IS TRUSTEE TO RECEIVE A FEE? ___________ SUBSTITUTE TRUSTEE? ___________ HOW MUCH OR HOW DETERMINED?
IS EXECUTOR OR SUBSTITUTE EXECUTOR TO BE BONDED? IS EXECUTOR TO HAVE BROAD/GENERAL POWERS?
POWER TO SELL OR PARTITION? ANY LIMITS?
IS TRUSTEE OR SUBSTITUTE TRUSTEE TO BE BONDED? ________________
IS TRUSTEE TO HAVE (BROAD)(LIMITED) POWERS?POWER TO SELL OR PARTITION? ANY LIMITS?
ARE (EXECUTOR) (TRUSTEE) TO BE FREE OF LIABILITY EXCEPT FOR FRAUD OR CRIMINAL ACTS?
IS THE HOME TO BE INSURED OUT OF THE TRUST?_____ OR OUT OF THE ESTATE?______. IS THE (EXECUTOR)(TRUSTEE) TO SELL IT?
CAN TRUSTEE MAKE CHARITABLE GIFTS? __________ IV. OTHER MATTERS CONTRACTUAL? ARE WILLS TO BE CONTRACTUAL SO THAT NEITHER SPOUSE CAN CHANGE THEM LATER?(NOTE: THESE CONTRACTUAL WILLS NORMALLY END UP IN LITIGATION. CONSIDERATION HAS TO BE GIVEN TO ASSETS ACCUMULATED AFTERWARDS AND THE EFFECT IT HAS ON THE RIGHT OF THE SPOUSE TO SELL OR MORTGAGE THE PROPERTY.) EXPLAIN YOUR DESIRES: NON-CONTEST CLAUSE? IS ANY HEIR TO LOSE HIS INHERITANCE IF HE CONTESTS THE WILL? OR CONTESTS THE POWERS OF THE EXECUTOR? OR CONTESTS THE APPOINTMENT OF THE EXECUTOR? EXPLAIN YOUR DESIRES. IS THE EXECUTOR TO BE FREE OF LIABILITY EXCEPT FOR CRIMINAL ACTS? EXPLAIN: CAN THE FIDUCIARY BUY ASSETS FROM THE ESTATE OR LOAN MONEY TO ESTATE? ONLY WITH APPROVAL OF HEIRS?_____EXPLAIN: DISCLAIMERS: IF A DESIGNATED HEIR DISCLAIMS ALL OR ANY PART OF YOUR ESTATE, DO YOU WANT THAT DISCLAIMED PROPERTY TO GO TO THAT PARTY'S CHILDREN _______, OR TO GO TO THE OTHER NAMED PARTIES AS IF THE DISCLAIMER HAD NO DESCENDANTS________? OTHER DETAILS:
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ADDITIONAL PRE-DEATH DOCUMENTS TO CONSIDER AS PACKAGE (NOTE: ADDITIONAL CHARGES WILL BE ADDED TO BASIC WILL PRICE FOR PREPARING THESE ADDITIONAL DOCUMENTS.) THE FOLLOWING MATTERS SHOULD BE CONSIDERED ALONG WITH YOUR WILL EVEN THOUGH THEY TAKE EFFECT IMMEDIATELY. A WILL DOES NOT TAKE EFFECT UNTIL YOU DIE AND THE WILL MUST THEN BE PROBATED WITHIN FOUR (4) YEARS OF DEATH, OR IT BECOMES INVALID.
THE FEES SET FORTH IN ATTACHED DOCUMENT WILL BE CHARGED THESE DOCUMENTS ARE PREPARED AND SIGNED ALONG WITH THE WILL; HOWEVER, TO DO THEM LATER COULD COST THREE OR FOUR TIMES THE PRICE BEING CHARGED FOR SAME. A. DURABLE POWER OF ATTORNEYS: (THIS ALLOWS THE APPOINTEE TO HANDLE YOUR GENERAL OR SPECIFIC AFFAIRS IF YOU BECOME DISABLED, ILL, OR LEAVE THE COUNTRY.) (SINCE THEY MUST BE RECORDED IMMEDIATELY IN ORDER TO BE VALID, YOU MUST HAVE ABSOLUTE FAITH AND TRUST IN THOSE YOU NAME FOR THIS POSITION.) (EVEN THOUGH THIS MAY AVOID THE NECESSITY OF A GUARDIANSHIP, THE TAKING OUT OF A GUARDIANSHIP WILL PROBABLY NULLIFY THIS APPOINTMENT. FURTHER, SOME TITLE COMPANIES, STOCK TRANSFER COMPANIES AND SOME BANKS WILL NOT RECOGNIZE THESE POWERS OR WILL REQUIRE EXECUTION ON THEIR OWN FORM. I.R.S. HAS ITS OWN FORM TO BE EXECUTED.) DO YOU WANT THIS LAW FIRM TO PREPARE A POWER OF ATTORNEY FOR (HUSBAND) (WIFE)?
TO PREPARE AN I.R.S. POWER OF ATTORNEY FOR (HUSBAND) (WIFE)?
HUSBAND: DO YOU WANT YOUR WIFE NAMED AS APPOINTEE? .IF NO, GIVE NAME AND ADDRESS:NAME AND ADDRESS OF 1ST ALTERNATE:NAME AND ADDRESS OF 2ND ALTERNATE:
WIFE: DO YOU WANT YOUR HUSBAND NAMES AS APPOINTEE? .IF NO, GIVE NAME AND ADDRESS:NAME AND ADDRESS OF 1ST ALTERNATE:NAME AND ADDRESS OF 2ND ALTERNATE:
ATTORNEY-IN-FACT: TO RECEIVE A FEE? _______ HOW DETERMINED?
TO HAVE NO LIABILITY UNLESS GUILTY OF CRIME OR GROSS NEGLIGENCE?ANY LIMITATIONS:
WHAT COUNTIES DO YOU OWN REAL ESTATE IN? (NAME EACH COUNTY)
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THE POWER WILL NOT BE RECORDED, UNLESS CLIENT REQUIRES IT. THE NEW 1993 ACT DOES NOT REQUIRE IMMEDIATE RECORDATION. DO YOU WANT THEM RECORDED?WHERE? B. MEDICAL POWER OF ATTORNEY: LAW NOW ALLOWS YOU THE RIGHT TO DESIGNATE A PERSON TO MAKE MEDICAL DECISIONS FOR YOU (PULL LIFE SUPPORT SYSTEM IF BRAIN DEAD, SELECT DOCTOR, SELECT MEDICAL PROCEDURES, SELECT HOSPITAL, SELECT NURSING HOME, ETC. - SEE THE MANDATORY DISCLOSURE THAT WILL ACCOMPANY THE FORM.) THE ABOVE DURABLE POWER OF ATTORNEY WILL NOT DO THIS. DO YOU WANT THIS LAW FIRM TO PREPARE A MEDICAL POWER OF ATTORNEY FOR HUSBAND? TO PREPARE A MEDICAL POWER OF ATTORNEY FOR WIFE?
HUSBAND: DO YOU WANT YOUR WIFE NAMED AS APPOINTEE? .IF NO, GIVE NAME AND ADDRESS:NAME AND ADDRESS OF 1ST ALTERNATE:NAME AND ADDRESS OF 2ND ALTERNATE:
WIFE: DO YOU WANT YOUR HUSBAND NAMES AS APPOINTEE? .IF NO, GIVE NAME AND ADDRESS:NAME AND ADDRESS OF 1ST ALTERNATE:NAME AND ADDRESS OF 2ND ALTERNATE:
ATTORNEY-IN-FACT: TO HAVE NO LIABILITY UNLESS GUILTY OF CRIME OR GROSS NEGLIGENCE?ANY LIMITATIONS:AUTHORITY TO DONATE BODY ORGANS? C. DIRECTIVE TO PHYSICIAN: YOU MAY MAKE A WRITTEN COMMAND FOR THE DOCTOR OR HOSPITAL TREATING YOU TO PULL THE LIFE SUPPORT SYSTEM IF YOU ARE BRAIN DEAD. THIS MAY INCLUDE FEEDING TUBES. YOU MAY DESIGNATE A PERSON TO MAKE SUCH DECISIONS IN YOUR BEHALF. DO YOU WANT THIS LAW FIRM TO PREPARE A DIRECTIVE TO PHYSICIAN FOR HUSBAND? TO PREPARE A DIRECTIVE TO PHYSICIAN FOR WIFE?
HUSBAND: DO YOU WANT YOUR WIFE NAMED AS APPOINTEE?IF NO, GIVE NAME AND ADDRESS:NAME AND ADDRESS OF 1ST ALTERNATE:SPECIAL LIMITATIONS:
WIFE: DO YOU WANT YOUR HUSBAND NAMES AS APPOINTEE?IF NO, GIVE NAME AND ADDRESS:
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NAME AND ADDRESS OF 1ST ALTERNATE:
SPECIAL LIMITATIONS:DISCONNECT FEEDING TUBES?________________. TIME LIMIT BEFORE PULLING PLUG?_____________________ DAYS. IF MEDICAL PROVIDER REFUSES, DO YOU WANT EXECUTOR TO CONTEST THE ADDITIONAL COSTS?____________.
OTHER TERMS:HOW DO YOU WANT TO ANSWER THIS QUESTION:HUSBAND: "IF AFTER ( ) DAYS OF BEING ON SAID LIFE-SUSTAINING SYSTEM WHEREIN DURING SAID PERIOD MY CONDITION DOES NOT CHANGE FOR THE BETTER, MY ATTENDING PHYSICIAN SHALL DETERMINE THAT MY DEATH IS IMMINENT.” WIFE: HOW DO YOU WANT TO ANSWER THESE QUESTIONS: "MY INSTRUCTIONS TO TERMINATE LIFE-SUSTAINING PROCEDURES SHALL INCLUDE, BUT NOT LIMITED TO, THE TERMINATION OF THE FOLLOWING TREATMENT OR DEVICES THAT I HAVE CHECKED BELOW:”H W (A) ALL ELECTRICAL DEVICES; (B) HEART AND LUNG STIMULATION DEVICES; (C) SURGERY OF ALL KINDS; (D) ALL MEDICATIONS, EXCEPTING PAIN-KILLING MEDICATIONS; (E) ALL ARTIFICIAL AND TUBE FEEDING DEVICES (EXCEPT WATER); (F) ELECTRIC SHOCK STIMULATION; (G) CARDIOPULMONARY RESUSCITATION; (H) TRANSPLANTATION OF BODILY PARTS OR FLUIDS; (I) TRANSFUSIONS OF BLOOD OR FLUIDS; (J) MECHANICAL BREATHING; (K) DIAGNOSTIC TESTING, EXCEPT TO DETERMINE MY TERMINAL CONDITION; AND (L) CHEMOTHERAPY, DIALYSIS, MINOR SURGERY OR OTHER MEDICAL TREATMENT. (M) ALL OF THE ABOVE! D. GUARDIAN DESIGNATIONS (FOR YOU AND NOT FOR YOUR CHILDREN): IF A GUARDIANSHIP BECOMES NECESSARY, YOU CAN TELL THE COURT WHO TO APPOINT AND WHO NOT TO APPOINT. DO YOU WANT THIS LAW FIRM TO PREPARE A GUARDIAN DESIGNATION FOR HUSBAND? TO PREPARE A GUARDIAN DESIGNATION FOR WIFE? GUARDIAN OF YOUR PERSON (“YOU”)
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GUARDIAN OF YOUR ESTATE (“PROPERTY”) HUSBAND: 1ST GUARDIAN: WIFE?
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LEASE AGREEMENT FOR FURNISHED HOUSE
LEASE AGREEMENT FOR FURNISHED HOUSE
This Agreement is made and entered in this _(1)_ day of ________(2)________,
19_(3)_, between _________(4)____________, of ________________(5)__________________,
hereinafter referred to as "Landlord" and ________(6)_______, of
___________(7)_____________, hereinafter referred to as "Tenant".
WHEREAS, Landlord desires to lease to Tenant and Tenant desires to lease from
Landlord the premises generally described as ________(8)___________, it is herein agreed as
follows:
1. Landlord hereby leases to Tenant, the furnished premises described above for a term
of __(9)__ beginning ______(10)________ and ending _______(11)_______, at a monthly rate
of $____(12)____.
2. The described premises are leased furnished, to include all furnishes enumerated on
the List of Furnishings, which is a part of this lease, signed by both parties and dated.
3. Tenant agrees to pay the rent herein provided subject to the terms and conditions set
forth herein.
4. Rent shall be payable in equal monthly installments on the _(13)_ day of each month,
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to the address of Landlord as stated above or at such other address as Landlord may, from time
to time, require.
5. Tenant shall pay for all electricity, water, fuel oil and gas during the term of this lease
and any extension or renewal thereof.
6. Landlord covenants that the leased premises are, to the best of his knowledge, clean,
safe, sound and healthful and that there exists no violation of any applicable housing code, law
or regulation of which he is aware.
7. Tenant agrees to comply with all sanitary laws, ordinances and rules affecting the
cleanliness, occupancy and preservation of the premises during the term of this lease.
8. Tenant shall use the leased premises exclusively for a private residence for
occupancy by no more than _(14)_ persons, unless otherwise specified herein, and Tenant shall
not make any alterations to the house, outbuildings or grounds without written consent of
Landlord.
9. Tenant shall keep the premises in good order and repair and shall advise Landlord or
Landlord's agent of any needed repairs or maintenance reasonably expected to cost $__(15)_ or
more.
10. Tenant agrees to take good care of the furniture, carpets, draperies, appliances and
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other household goods, and the personal effects of Landlord, and further agrees that he will
deliver up same to Landlord in good condition at the end of the term of this lease, normal wear
and tear expected.
11. Tenant shall repair or replace, at Tenant's expense, all loss or damage to any of the
listed furniture, carpets, draperies, appliances and other household goods, and personal effects
of Landlord, whenever such damage or loss shall have resulted from Tenant's misuse, waste or
neglect of said furnishings and personal effects of Landlord.
12. Tenant shall cause to be made, at Tenant's expense, all required repairs to heating
and air-conditioning apparatus, electric and gas fixtures and plumbing work whenever such
damage shall have resulted from misuse, waste or neglect of Tenant, it being understood that
Landlord is to have same in good order and repair when giving possession.
13. Tenant shall not keep or have in or on the leased house, outbuildings or grounds any
article or thing of a dangerous, flammable or explosive nature that might be pronounced
"hazardous" or extra hazardous" by any responsible insurance company.
14. Tenant shall give prompt notice to Landlord or his agent of any dangerous, defective,
unsafe or emergency condition in or on the leased premises, said notice being by any suitable
means. Landlord or his agent shall repair and correct said conditions promptly upon receiving
notice thereof from Tenant.
15. Landlord covenants that the Tenant and Tenant's family shall have, hold and enjoy
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the leased premises for the term of this lease, subject to the conditions set forth herein.
16. Tenant covenants that he shall not commit nor permit a nuisance in or upon the
premises, that he shall not maliciously or by reason of gross negligence damage the house,
outbuildings or grounds, and that he shall not engage, nor permit any member of his family to
engage, in conduct so as to interfere substantially with the comfort and safety of residents of
adjacent buildings.
17. Tenant agrees to place a security deposit with Landlord in the amount of $_(16)_, to
be used by Landlord at the termination of this lease for the cost of replacing or repairing damage,
if any, to the house, outbuildings, grounds, furnishings or personal effects of Landlord resulting
from the intentional or negligent acts of Tenant.
18. Landlord agrees to return said security deposit to Tenant within ten days of the
Tenant's vacating the leased premises subject to the terms and conditions set forth herein.
19. Tenant shall, at reasonable times, give access to Landlord or his agents for any
reasonable and lawful purpose. Except in situations of compelling emergency, Landlord or his
agents shall give the Tenant at least 24 hours' notice of intention to seek access, the date and
time at which access will be sought, and the reason therefore.
20. In the event of default by Tenant, Tenant shall remain liable for all rent due or to
become due during the term of this lease. Landlord or his agents shall have the obligation to
relet the premises in the Landlord's name for the balance of the term, or longer, and will apply
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proceeds of such reletting toward the reduction of Tenant's obligations enumerated herein.
21. Tenant shall permit Landlord or his agents to show the premises at reasonable hours,
to persons desiring to rent or purchase same, 30 days prior to the expiration of this lease, and
will permit the notice "To Let" or "For Sale" to be placed on said premises and remain thereon
without hindrance or molestation after said date.
22. In the event of any breach by the Tenant of any of Tenant's covenants or
agreements herein, Landlord or his agents may give Tenant five days' notice to cure said breach,
setting forth in writing which covenants or agreements have been breached. If any breach is not
cured within said five-day period, or reasonable steps to effectuate said cure are not commenced
and diligently pursued within said five-day period and thereafter until said breach has been
cured, Landlord or his agents may terminate this lease upon five days' additional notice to the
Tenant, with said notice being in lieu of a Notice to Quit, which Tenant hereby waives.
Said termination shall be ineffective if Tenant cures said breach or commences and
diligently pursues reasonable steps to effectuate such cure at any time prior to the expiration of
said five-day termination. Upon terminating this lease as provided herein, Landlord or his agent
may commence proceedings against Tenant for his removal as provided for by law.
23. In the event of any breach by Landlord of any of Landlord's covenants or agreements
herein, Tenant may give Landlord ten days' notice to cure said breach, setting forth in writing the
manner in which said covenants and agreements have been breached. If said breach is not
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cured within said ten-day period, or reasonable steps to effectuate said cure are not commenced
and diligently pursued within said ten-day period and thereafter until said breach has been cured,
rent hereunder shall be fully abated from the time at which said ten days' notice expired until
such time as Landlord has fully cured the breach set forth in the notice provided for in this
paragraph.
24. In no case shall any abatement of rent hereunder be effected where the condition set
forth in the notice provided for herein was created by the intentional or negligent act of the
Tenant, but Landlord shall have the burden of proving that rent abatement may not be effected
for the foregoing reason.
25. Landlord agrees to deliver possession of the leased premises at the beginning of the
term provided for herein. In the event of Landlord's failure to deliver possession at the beginning
of said term, Tenant shall have the right to rescind this lease and recover any consideration paid
under terms of this Agreement.
26. Tenant agrees that this lease shall be subject to and subordinate to any mortgage or
mortgages now on said premises or which any owner of said premises may hereafter at any time
elect to place on said premises.
27. Unless otherwise provided for elsewhere in this lease, any notice required or
authorized herein shall be given in writing, one copy of said notice mailed via U.S. certified mail,
return receipt requested, and one copy of said notice mailed via U.S. first-class mail.
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Notice to Tenant shall be mailed to him at the leased premises. Notice to Landlord shall
be mailed to him, or to the managing agent, at their respective addresses as set forth herein,
or at such new address as to which the Tenant has been duly notified.
28. This lease constitutes the entire agreement between the parties hereto. No changes
shall be made herein except by writing, signed by each party and dated. The failure to enforce
any right or remedy hereunder, and the payment and acceptance of rent hereunder, shall not be
deemed a waiver by either party of such right or remedy in the absence of a writing as provided
for herein.
29. In the event legal action is required to enforce any provision of this Agreement, the
prevailing party shall be entitled to recovery reasonable attorney's fees and costs.
30. Landlord and Tenant agree that this lease, when filled out and signed, is a binding
legal obligation.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
_____________(17)______________
_____________(18)______________
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LEGAL FORMS KIT 2
LEASE AGREEMENT
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and
entered into this _(1)_ day of ____(2)_____, 19_(3)_, by and between
______________(4)________________________, whose address is
____________(5)__________________ (hereinafter referred to as "Lessor") and
________________(6)_________________ (hereinafter referred to as "Lessee").
W I T N E S S E T H :
WHEREAS, Lessor is the fee owner of certain real property being, lying and situate in
_____(7)_______ County, _____(8)_____, such real property having a street address of
_______(9)__________________________________________.
WHEREAS, Lessor is desirous of leasing the Premises to Lessee upon the terms and
conditions as contained herein; and
WHEREAS, Lessee is desirous of leasing the Premises from Lessor on the terms and
conditions as contained herein;
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00),
the covenants and obligations contained herein and other good and valuable consideration, the
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LEGAL FORMS KIT 2
receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
follows:
1. TERM. Lessor leases to Lessee and Lessee leases from Lessor the above described
Premises together with any and all appurtenances thereto, for a term of _(10)_ year(s), such
term beginning on _____(11)_________, and ending at 12 o'clock midnight on
__________(12)________.
2. RENT. The total rent for the term hereof is the sum of
_____________(13)_______________ DOLLARS ($____________) payable on the _(14)_ day
of each month of the term, in equal installments of _______________(15)___________
DOLLARS ($_____________) first and last installments to be paid upon the due execution of this
Agreement, the second installment to be paid on _________(16)__________. All such payments
shall be made to Lessor at Lessor's address as set forth in the preamble to this Agreement on or
before the due date and without demand.
3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Lessee shall deposit
with Lessor the sum of __________(17)_____________ DOLLARS ($________) receipt of which
is hereby acknowledged by Lessor, as security for any damage caused to the Premises during
the term hereof. Such deposit shall be returned to Lessee, without interest, and less any set off
for damages to the Premises upon the termination of this Agreement.
4. USE OF PREMISES. The Premises shall be used and occupied by Lessee and
Lessee's immediate family, consisting of ________(18)__________
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__________________________ ____________, exclusively, as a private single family dwelling,
and no part of the Premises shall be used at any time during the term of this Agreement by
Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any
purpose other than as a private single family dwelling. Lessee shall not allow any other person,
other than Lessee's immediate family or transient relatives and friends who are guests of Lessee,
to use or occupy the Premises without first obtaining Lessor's written consent to such use.
Lessee shall comply with any and all laws, ordinances, rules and orders of any and all
governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and
preservation of the Premises.
5. CONDITION OF PREMISES. Lessee stipulates, represents and warrants that Lessee
has examined the Premises, and that they are at the time of this Lease in good order, repair, and
in a safe, clean and tenantable condition.
6. ASSIGNMENT AND SUB-LETTING. Lessee shall not assign this Agreement, or sub-
let or grant any license to use the Premises or any part thereof without the prior written consent
of Lessor. A consent by Lessor to one such assignment, sub-letting or license shall not be
deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment,
sub-letting or license without the prior written consent of Lessor or an assignment or sub-letting
by operation of law shall be absolutely null and void and shall, at Lessor's option, terminate this
Agreement.
7. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations to the
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buildings or improvements on the Premises or construct any building or make any other
improvements on the Premises without the prior written consent of Lessor. Any and all
alterations, changes, and/or improvements built, constructed or placed on the Premises by
Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, be
and become the property of Lessor and remain on the Premises at the expiration or earlier
termination of this Agreement.
8. NON-DELIVERY OF POSSESSION. In the event Lessor cannot deliver possession of
the Premises to Lessee upon the commencement of the Lease term, through no fault of Lessor
or its agents, then Lessor or its agents shall have no liability, but the rental herein provided shall
abate until possession is given. Lessor or its agents shall have thirty (30) days in which to give
possession, and if possession is tendered within such time, Lessee agrees to accept the demised
Premises and pay the rental herein provided from that date. In the event possession cannot be
delivered within such time, through no fault of Lessor or its agents, then this Agreement and all
rights hereunder shall terminate.
9. HAZARDOUS MATERIALS. Lessee shall not keep on the Premises any item of a
dangerous, flammable or explosive character that might unreasonably increase the danger of fire
or explosion on the Premises or that might be considered hazardous or extra hazardous by any
responsible insurance company.
10. UTILITIES. Lessee shall be responsible for arranging for and paying for all utility
services required on the Premises.
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11. MAINTENANCE AND REPAIR; RULES. Lessee will, at its sole expense, keep and
maintain the Premises and appurtenances in good and sanitary condition and repair during the
term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing,
Lessee shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which
shall be used for the purposes of ingress and egress only;
(b) Keep all windows, glass, window coverings, doors, locks and hardware in good,
clean order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony
nor air or dry any of same within any yard area or space;
(f) Not cause or permit any locks or hooks to be placed upon any door or window without
the prior written consent of Lessor;
(g) Keep all air conditioning filters clean and free from dirt;
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LEGAL FORMS KIT 2
(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good
order and repair and shall use same only for the purposes for which they were constructed.
Lessee shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be
thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped
plumbing resulting from misuse shall be borne by Lessee;
(i) And Lessee's family and guests shall at all times maintain order in the Premises and
at all places on the Premises, and shall not make or permit any loud or improper noises, or
otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of
sound that does not annoy or interfere with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and
shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the
exterior of any building or within the common elements;
(l) Abide by and be bound by any and all rules and regulations affecting the Premises or
the common area appurtenant thereto which may be adopted or promulgated by the
Condominium or Homeowners' Association having control over them.
12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered
wholly untenantable by fire, storm, earthquake, or other casualty not caused by the negligence of
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Lessee, this Agreement shall terminate from such time except for the purpose of enforcing rights
that may have then accrued hereunder. The rental provided for herein shall then be accounted
for by and between Lessor and Lessee up to the time of such injury or destruction of the
Premises, Lessee paying rentals up to such date and Lessor refunding rentals collected beyond
such date. Should a portion of the Premises thereby be rendered untenantable, the Lessor shall
have the option of either repairing such injured or damaged portion or terminating this Lease. In
the event that Lessor exercises its right to repair such untenantable portion, the rental shall abate
in the proportion that the injured parts bears to the whole Premises, and such part so injured
shall be restored by Lessor as speedily as practicable, after which the full rent shall recommence
and the Agreement continue according to its terms.
13. INSPECTION OF PREMISES. Lessor and Lessor's agents shall have the right at all
reasonable times during the term of this Agreement and any renewal thereof to enter the
Premises for the purpose of inspecting the Premises and all buildings and improvements
thereon. And for the purposes of making any repairs, additions or alterations as may be deemed
appropriate by Lessor for the preservation of the Premises or the building. Lessor and its agents
shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or
"vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of
this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs,
fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions,
rules or regulations affecting the Premises.
14. SUBORDINATION OF LEASE. This Agreement and Lessee's interest hereunder are
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and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances
now or hereafter placed on the Premises by Lessor, all advances made under any such
mortgages, liens or encumbrances (including, but not limited to, future advances), the interest
payable on such mortgages, liens or encumbrances and any and all renewals, extensions or
modifications of such mortgages, liens or encumbrances.
15. LESSEE'S HOLD OVER. If Lessee remains in possession of the Premises with the
consent of Lessor after the natural expiration of this Agreement, a new tenancy from month-to-
month shall be created between Lessor and Lessee which shall be subject to all of the terms and
conditions hereof except that rent shall then be due and owing at ______(19)________
DOLLARS ($___________) per month and except that such tenancy shall be terminable upon
fifteen (15) days written notice served by either party.
16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Lessee shall
surrender the Premises in as good a state and condition as they were at the commencement of
this Agreement, reasonable use and wear and tear thereof and damages by the elements
excepted.
17. ANIMALS. Lessee shall be entitled to keep no more than _(20)_ (___) domestic
dogs, cats or birds; however, at such time as Lessee shall actually keep any such animal on the
Premises, Lessee shall pay to Lessor a pet deposit of _________(21)__________ DOLLARS
($_______), _______(22)________ DOLLARS ($_________) of which shall be non-refundable
and shall be used upon the termination or expiration of this Agreement for the purposes of
cleaning the carpets of the building.
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18. QUIET ENJOYMENT. Lessee, upon payment of all of the sums referred to herein as
being payable by Lessee and Lessee's performance of all Lessee's agreements contained herein
and Lessee's observance of all rules and regulations, shall and may peacefully and quietly have,
hold and enjoy said Premises for the term hereof.
19. INDEMNIFICATION. Lessor shall not be liable for any damage or injury of or to the
Lessee, Lessee's family, guests, invitees, agents or employees or to any person entering the
Premises or the building of which the Premises are a part or to goods or equipment, or in the
structure or equipment of the structure of which the Premises are a part, and Lessee hereby
agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of
every kind and nature.
20. DEFAULT. If Lessee fails to comply with any of the material provisions of this
Agreement, other than the covenant to pay rent, or of any present rules and regulations or any
that may be hereafter prescribed by Lessor, or materially fails to comply with any duties imposed
on Lessee by statute, within seven (7) days after delivery of written notice by Lessor specifying
the non-compliance and indicating the intention of Lessor to terminate the Lease by reason
thereof, Lessor may terminate this Agreement.
If Lessee fails to pay rent when due and the default continues for seven (7) days
thereafter, Lessor may, at Lessor's option, declare the entire balance of rent payable hereunder
to be immediately due and payable and may exercise any and all rights and remedies available
to Lessor at law or in equity or may immediately terminate this Agreement.
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21. LATE CHARGE. In the event that any payment required to be paid by Lessee
hereunder is not made within three (3) days of when due, Lessee shall pay to Lessor, in addition
to such payment or other charges due hereunder, a "late fee" in the amount of
_________(23)____________ ($__________).
22. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons
the Premises or any part thereof, Lessor may, at Lessor's option, obtain possession of the
Premises in the manner provided by law, and without becoming liable to Lessee for damages or
for any payment of any kind whatever. Lessor may, at Lessor's discretion, as agent for Lessee,
relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part
of the then unexpired term, and may receive and collect all rent payable by virtue of such
reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that
would have been payable under this Agreement during the balance of the unexpired term, if this
Agreement had continued in force, and the net rent for such period realized by Lessor by means
of such reletting. If Lessor's right of reentry is exercised following abandonment of the Premises
by Lessee, then Lessor shall consider any personal property belonging to Lessee and left on the
Premises to also have been abandoned, in which case Lessor may dispose of all such personal
property in any manner Lessor shall deem proper and Lessor is hereby relieved of all liability for
doing so.
23. ATTORNEYS' FEES. Should it become necessary for Lessor to employ an attorney
to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining
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possession of the Premises, Lessee agrees to pay all expenses so incurred, including a
reasonable attorneys' fee.
24. RECORDING OF AGREEMENT. Lessee shall not record this Agreement on the
Public Records of any public office. In the event that Lessee shall record this Agreement, this
Agreement shall, at Lessor's option, terminate immediately and Lessor shall be entitled to all
rights and remedies that it has at law or in equity.
25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted
by, through and under the Laws of the State of _______(24)___________.
26. SEVERABILITY. If any provision of this Agreement or the application thereof shall,
for any reason and to any extent, be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other persons, entities or circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall
be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the
parties hereto.
28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience of reference only and they are not intended to have any effect whatsoever in
determining the rights or obligations of the Lessor or Lessee.
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29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either
gender or both, singular and plural.
30. NON-WAIVER. No indulgence, waiver, election or non-election by Lessor under this
Agreement shall affect Lessee's duties and liabilities hereunder.
31. MODIFICATION. The parties hereby agree that this document contains the entire
agreement between the parties and this Agreement shall not be modified, changed, altered or
amended in any way except through a written amendment signed by all of the parties hereto.
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed:
As to Lessor this _(25)_ day of _____(26)_____, 19_(27)_.
Witnesses: LEASE
This lease of __________(1)__________________, made _______(2)_____________,
by and between __________(3)____________, whose address is __________(4)_________,
hereinafter called Lessor, and __________(5)_____________, whose address is
__________(6)____________, hereinafter called Lessee,
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Witnesseth:
1. That Lessor hereby leases to Lessee, and Lessee leases from Lessor, subject to the
terms and conditions herein set forth, the following (hereinafter sometimes referred to as the
"Property"):
Make and Model Manufacturer's Serial No. Registration No.
Together with all equipment and accessories attached thereto or used in connection
therewith including the following:
___(7)______________________________________________________
All of which are included in the term Property as used herein. Lessee hereby
acknowledges delivery and acceptance of the aforesaid Property upon the terms and conditions
of this lease.
2. Lessor hereby leases to Lessee said Property for the purpose of
_____(8)____________.
3. The term of this lease is ______(9)____________, beginning this day and ending
_________(10)______________.
4. In consideration of said lease, Lessee covenants and agrees as follows:
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(a) To pay to Lessor for the possession and use of said Property for the purpose
aforesaid, _____(11)____ dollars ($_________), payable as follows:
____________(20)___________.
(b) To safely keep and carefully use the Property and not sell or attempt to sell, remove
or attempt to remove, the same or any part thereof, except reasonably for the purpose aforesaid.
(c) Lessee shall, during the term of this lease and until return and delivery of the
Property to Lessor, abide by and conform to, and cause others to abide by and conform to, all
laws and governmental and airport orders, rules and regulations, including any future
amendments thereto, controlling or in any manner affecting operation, use or occupancy of said
Property or use of airport premises by said Property.
(d) Lessee shall pay all taxes, assessments and charges on said Property or its use
during the time he is in possession of the same, imposed by federal, state, municipal or other
public, or other authority; save Lessor free and harmless therefrom; and to these ends reimburse
Lessor on a pro rata basis for such taxes or charges paid by Lessor hereto or hereafter.
(e) Lessee accepts the Property in its present condition, and during the term of this
lease and until return and delivery of the Property Lessor the Lessee shall maintain it in its
present condition, reasonable wear and tear occurring despite standards of good maintenance of
Property excepted, and shall repair at his own expense any damages to said Property caused by
operation or use by lessee or by others during the term of this lease and until delivery of the
Property to Lessor.
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(f) Neither Lessee nor others shall have the right to incur any mechanic's or other lien in
connection with the repair, maintenance or storage of said Property, and Lessee agrees that
neither he nor others will attempt to convey or mortgage or create any lien of any kind or
character against the same or do anything or take action that might mature into such a lien.
(g) Lessee shall be responsible and liable to Lessor for, and indemnify Lessor against,
any and all damage to the Property, which occurs in any manner from any cause or causes
during the term of this lease or until return and delivery of the Property to Lessor. Lessee shall
be responsible and liable for, indemnify Lessor against, hold Lessor free and harmless from any
claim or claims of any kind whatsoever for or from, and promptly pay any judgment for, any and
all liability for personal injuries, death or property damages, or any of them, which arise or in any
manner are occasioned by the acts or negligence of Lessee or others in the custody, operation or
use of, or with respect to, said Property, during the term of this lease or until return and delivery
of the Property to Lessor.
(h) Lessee will keep insured from and including this day until return and delivery of the
Property to Lessor, in such company or companies as Lessor shall approve, according to
applicable standard forms of policy, and for the benefit of Lessor, (1) against loss or damage
from any cause or causes to the Property for the full value thereof in the amount of one million
dollars, and (2) against liability for personal injuries, death, or property damages, or any of them,
arising or in any manner occasioned by the acts or negligence of Lessee or others in the custody,
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operation or use of, or with respect to said Property, in the amount of one million dollars relative
to personal injuries and/or death and one million dollars relative to property damages.
(i) Lessee shall return and deliver, at the expiration of the term herein granted, the
whole of said Property to the Lessor in as good condition as the same is, reasonable wear and
tear excepted.
(j) It is mutually agreed that in case Lessee shall violate any of the aforesaid covenants,
terms and conditions Lessor may at his option without notice terminate this lease and take
possession of said Property wherever found.
WITNESSES
___________(13)________________ ____________(14)______________
LESSOR
___________(13)________________
___________(13)________________ ____________(15)______________
LESSEE
___________(13)________________
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LEASE OF PERSONAL PROPERTY
LEASE OF PERSONAL PROPERTY
1. PARTIES. This agreement is made ________,19__ between _______________, of ______________, herein called "Lessor," and ______________, of ________________, herein called "Lessee."
2. LEASE OF EQUIPMENT. For and in consideration of the covenants and agreements hereinafter contained, to be kept and performed by lessee, lessor has leased and does hereby lease to lessee the personal property known and described as follows:
hereafter designated as equipment, to have and to hold the same unto Lessee for the period of______ months commencing from ___________________.
3. DELIVERY AND RETURN OF PROPERTY. Lessor shall deliver equipment to_______________________ , freight prepaid. At the end of the term thereof Lessee shall return equipment freight prepaid to Lessor at the place from which equipment was shipped in as good condition as exists at the commencement of the term, reasonable wear and tear in respect thereto expected.
4. RENT. Lessee shall pay as rent for the leasing the sum of $_____________ at the office of Lessor at________________ in ________________ monthly installments of________ each, payable in advance on the first day of the month beginning with___________, plus ________ to be paid as the last payment.
5. RESERVATION OF TITLE. Equipment and all parts thereof shall, unless a purchase thereof is made as is herein provided and until full payment of such purchase price and all interest which may be due thereon is made in cash to the Lessor, retain its character as personal property and the title thereto shall not pass to Lessee but shall remain in Lessor.
6. REPOSSESSION. If Lessee shall sell, assign or attempt to sell or assign, equipment or any interest therein, or if Lessee defaults in any of the covenants, conditions or
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provisions of this Lease, it is agreed that Lessor may immediately and without notice take possession of equipment wheresoever found and to remove and keep or dispose of the same and any unpaid rentals shall at once become due and payable.
7. LOCATION AND USE. Lessee shall use equipment only in _______________________ and shall not at any time remove the same ______________________ from the place ________________________ except in returning the same to Lessor or except as may be permitted by Lessor by consent thereto in writing.
8. INDEMNIFICATION OF LESSOR. Lessee shall and does hereby agree to protect and save Lessor harmless against any and all losses or damage to equipment by fire, flood, explosion, tornado or theft and Lessee shall and does hereby assume all liability to any person whomsoever arising from the location, condition or use of equipment, and shall indemnify Lessor of and from all liability, claim and demand whatsoever arising from the location, condition, or use of equipment whether in operation or not, and growing out of any cause, and from every other liability, claim and demand whatsoever during the term of this Lease or arising while equipment is in the possession of Lessee. Lessee also agrees to promptly reimburse Lessor, in cash, for any and all personal property taxes levied against equipment and paid by Lessor.
9. TIME OF ESSENCE. Time is the essence of this agreement.
10. NO ASSIGNMENT. Neither this Lease and agreement nor any right or interest thereunder shall be assigned by Lessee in any respect whatsoever.
11. CHOICE OF LAW. This Lease and agreement shall be deemed to have been executed and entered into in the State of ____________ and shall be construed, enforced and performed in accordance with the laws thereof.
12. EXCLUSION OF ORAL STATEMENTS. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
13. GUARANTY. All parts of this equipment are guaranteed against defective parts or workmanship for a period of ninety (90) days from date of delivery and any parts returned to factory freight prepaid will be replaced free of charge if found defective.
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[Lessor] [Lessee]
By____________________________ By____________________
_______________________[Title] ________________[Title]
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LIVING WILL (FEMALE) LIVING WILL (FEMALE)
I, __________(1)_____________, of ___________(2)____________, being of sound
mind, do hereby willfully and voluntarily make known my desire that my life not be prolonged
under any of the following conditions, and do hereby further declare:
1. If I should, at any time, have an incurable condition caused by any disease or illness,
or by any accident or injury, and be determined by any two or more physicians to be in a terminal
condition whereby the use of "heroic measures" or the application of life-sustaining procedures
would only serve to delay the moment of my death, and where my attending physician has
determined that my death is imminent whether or not such "heroic measures" or life-sustaining
measures are employed, I direct that such measures and procedures be withheld or withdrawn
and that I be permitted to die naturally.
2. In the event of my inability to give directions regarding the application of life-
sustaining procedures or the use of "heroic measures", it is my intention that this directive shall
be honored by my family and physicians as my final expression of my right to refuse medical and
surgical treatment, and my acceptance of the consequences of such refusal.
3. If I have been diagnosed as pregnant and such diagnosis is known to my physicians,
this directive shall have no force or effect during the course of my pregnancy.
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4. I am mentally, emotionally and legally competent to make this directive and I fully
understand its import.
5. I reserve the right to revoke this directive at any time.
6. This directive shall remain in force until revoked.
IN WITNESS WHEREOF, I have hereto set my hand and seal this _
(3)_ day of _______(4)_______, 19_(5)_.
______________(6)______________
Declaration of Witnesses
The declarant is personally known to me and I believe her to be of sound mind and
emotionally and legally competent to make the herein contained Directive to Physicians. I am
not related to the declarant by blood or marriage, nor would I be entitled to any portion of the
declarant's estate upon her decease, nor am I an attending physician of the declarant, nor an
employee of the attending physician, nor an employee of a health care facility in which the
declarant is a patient, nor a patient in a health care facility in which the declarant is a patient, nor
am I a person who has any claim against any portion of the estate of the declarant upon her
death.
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____________(7)_________________ _____________(8)_______________
____________(9)_________________ _____________(10)______________
___________(11)_________________ _____________(12)______________
NOTICE
The information in this document is designed to provide an outline that you can follow
when formulating business or personal plans. Due to the variances of many local, city, county
and state laws, we recommend that you seek professional legal counseling before entering into
any contract or agreement.
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LIVING WILL (MALE) LIVING WILL (MALE)
I, __________(1)_____________, of ___________(2)____________, being of sound
mind, do hereby willfully and voluntarily make known my desire that my life not be prolonged
under any of the following conditions, and do hereby further declare:
1. If I should, at any time, have an incurable condition caused by any disease or illness,
or by any accident or injury, and be determined by any two or more physicians to be in a terminal
condition whereby the use of "heroic measures" or the application of life-sustaining procedures
would only serve to delay the moment of my death, and where my attending physician has
determined that my death is imminent whether or not such "heroic measures" or life-sustaining
measures are employed, I direct that such measures and procedures be withheld or withdrawn
and that I be permitted to die naturally.
2. In the event of my inability to give directions regarding the application of life-
sustaining procedures or the use of "heroic measures", it is my intention that this directive shall
be honored by my family and physicians as my final expression of my right to refuse medical and
surgical treatment, and my acceptance of the consequences of such refusal.
3. I am mentally, emotionally and legally competent to make this directive and I fully
understand its import.
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LEGAL FORMS KIT 2
4. I reserve the right to revoke this directive at any time.
5. This directive shall remain in force until revoked.
IN WITNESS WHEREOF, I have hereto set my hand and seal this _(3)_ day of
_______(4)_______, 19_(5)_.
______________(6)______________ Declaration of Witnesses
The declarant is personally known to me and I believe him to be of sound mind and
emotionally and legally competent to make the herein contined Directive to Physicians. I am not
related to the declaring by blood or marriage, nor would I be entitled to any portion of the
declarant's estate upon his decease, nor am I an attending physician of the declarant, nor an
employee of the attending physician, nor an employee of a health care facility in which the
declarant is a patient, nor a patient in a health care facility in which the declarant is a patient, nor
am I a person who has any claim against any portion of the estate of the declarant upon his
death.
____________(7)_________________ _____________(8)_______________
____________(9)_________________ _____________(10)______________
___________(11)_________________ _____________(12)______________
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MANAGEMENT OF SINGLE FAMILY HOUSE
MANAGEMENT OF SINGLE FAMILY HOUSE
This agreement dated __________(1)___________, is made By and Between
________(2)______________, whose address is ____________(3)______________, referred to
as "Owner", AND ____________(4)_________, whose address is ________(5)__________,
referred to as "Agent."
1. Agency. The Owner hereby employs the Agent to lease and manage the Owner's
single family residence (hereinafter referred to as "Property") located and described as follows:
(Address or Legal Description)
2. Duties of Agent. In order to properly manage and lease the property, the Agent shall
have the following duties and responsibilities:
A. Best Efforts. The Agent shall use its best efforts to attract and retain tenants for the
property.
B. Lease Negotiations. The Agent shall handle all negotiations with tenants with respect
to leases. All such agreements are subject to the approval of the Owner. However, the Owner
may provide the Agent with authorization to lease under certain specified terms and conditions.
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C. Employees. The Agent shall employ, supervise, discharge, and pay all employees or
independent contractors who are reasonably required in the proper management and operation
of the property. The Agent shall pay all employees and independent contractors and fully
complete all necessary federal tax returns and payments of related taxes on behalf of the Owner.
D. Supplies. The Agent shall purchase all necessary supplies for the proper
management of the property. This includes heating fuel where applicable.
E. Repairs and Maintenance. The Agent shall contract for or undertake the making of
all necessary repairs and the performance of all other necessary work for the benefit of the
property including all required alterations to properly carry out this contract. However, no
expenses shall be incurred for such matters in excess of Fifty Dollars ($50.00) for any single
item without the express consent of the Owner, except where required during an emergency.
F. Mortgages and Other Expenses. From the rents received the Agent shall pay all
operating expenses and such other expenses as requested by the Owner. This may include the
payment of mortgages or taxes.
G. Miscellaneous. The Agent shall also perform all other necessary tasks and do all
other things as required for the proper management, upkeep and operation of the property as
customarily be performed by a Managing Agent of this type of property. This includes handling of
all inquiries and requests from the tenants.
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LEGAL FORMS KIT 2
H. Collection of Rents. The Agent shall collect the rents and other income from the
property promptly when such amounts come due taking all necessary steps to collect same and
performing all reasonable acts on behalf of the Owner for the protection of the Owner in
collection of such amounts.
I. Financial Records. All monies collected by the Agent shall be deposited into a special
bank account or accounts as required by the Owner. Such monies of the Owner shall not
become mingled with funds of the Agent. However, the Agent may withdraw monies from such
accounts as necessary to properly perform this contract and in payment of compensation as
required by this contract. The Agent shall provide the Owner with periodic statements accounting
for all expenses and will open its records to the Owner upon demand.
J. Payments to Owner. The Agent will make payments to the Owner from time to time
from the funds being held by the Agent.
3. Compensation of Agent. The Owner shall pay the Agent as full compensation for the
services of the Agent the sum of ___(6)____ Dollars ($________) per month. These amounts
shall be payable to the Agent when such funds become available from the amounts collected by
the Agent according to this contract.
4. Duties of the Owner. The Owner will provide all necessary documents and records
and fully cooperate with the Agent in all matters with respect to this contract. The Owner will
provide the Agent with evidence of insurance which evidence the Agent shall examine to
determine the adequacy of coverage. If necessary, additional insurance of changes in insurance
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LEGAL FORMS KIT 2
coverage may be made upon the approval of the Owner.
5. Indemnity. The Owner shall indemnify and hold the Agent completely harmless with
respect to liability and damages, costs and expenses in connection with any damage or injury
whatsoever to persons or property arising out of the use, management, operation, occupation,
ownership, maintenance or control of the property or out of any matter or thing with respect to
which it is elsewhere in this contract provided or agreed that the Agent shall not be under
responsibility. However, the Owner will not indemnify the Agent against the willful misconduct of
the Agent.
6. Term of Contract. This contract shall continue for a period of one year from the date
hereof, and shall be automatically renewed from year to year unless terminated by either party
upon written notice sent to the other party not less than fifteen (15) days before any expiration
date.
7. Termination of Contract. This contract may be terminated at any time by the Owner
upon giving the Agent thirty (30) days written notice in the event of a bona fide sale of the
property, and without notice in the event the Agent fails to discharge the duties of the Agent
faithfully in the manner herein provided.
8. Notices. All written notices to the Owner or to the Agent may be addressed and
mailed, by United States registered mail, to the address above written.
9. Modification. This contract may not be modified, altered, or amended in any manner
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except by an agreement in writing executed by the parties hereto.
10. Who is Bound. This contract is binding upon the parties hereto, their representatives,
successors and assigns.
11. Signatures. Both the Owner and the Agent agree to this contract.
Witnessed By:
____________(7)_________________ ____________(8)_______________
"OWNER"
____________(7)_________________ _____________(9)_______________
"AGENT"
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MEMORANDUM OF CONTRACT FOR SALE AND PURCHASE OF PROPERTY
MEMORANDUM OF CONTRACT
FOR SALE AND PURCHASE OF PROPERTY
This is a Memorandum of that unrecorded Contract for Sale and Purchase of Property
("Contract"), dated ______(1)_______, between ______________(2)____________________,
(hereinafter referred to as "Seller"), and ____________(3)__________________, (hereinafter
referred to as "Buyer") concerning the real property ("Property") described in Exhibit "A" attached
hereto and made a part hereof by reference.
For good and valuable consideration, Seller has agreed to sell and Buyer has agreed to
buy, the Property upon the terms and conditions set forth in the Contract, which terms and
conditions are incorporated in this Memorandum by this reference. Except as provided in the
Contract from the date hereof, Seller shall not have the right, with respect to the Property to
enter into any new contracts, leases or agreements, oral or written, without the prior written
consent of Buyer.
This Memorandum is not a complete summary of the Contract. Provisions of this
Memorandum shall not be used in interpreting the Contract. In the event of conflict between this
Memorandum and the Contract, the Contract shall control.
IN WITNESS WHEREOF, the parties have executed this Memorandum on
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_______(4)_______, 19_(5)_.
Witnesses: SELLER:
__________(6)________________ ___________(7)________________
__________(6)________________
__________(6)________________ ___________(8)________________
__________(6)________________
PURCHASER:
__________(6)________________ ___________(9)________________
__________(6)________________
__________(6)________________ ___________(10)_______________
__________(6)________________
STATE OF _______(11)_________)
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COUNTY OF ______(12)_________)
The foregoing instrument was acknowledged before me this _(13)_ day
of ______(14)_______, 19_(15)_, by _______(16)_________ as Seller.
____________(17)______________
Notary Public
My Commission Expires: _________(18)___________
STATE OF _______(11)_________)
)
COUNTY OF ______(12)_________)
The foregoing instrument was acknowledged before me this _(13)_ day
of _____(14)_______, 19_(15)_, by ________(16)_________ as Purchaser.
____________(17)______________
Notary Public
My Commission Expires: _________________
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MEMORANDUM OF EMPLOYEE AUTOMOBILE EXPENSE ACCOUNT
MEMORANDUM OF EMPLOYEE AUTOMOBILE EXPENSE ALLOWANCE
WHEREAS, The employee whose signature appears below agrees to furnish his own
automobile to perform his duties hereunder and shall keep it maintained and repaired in good
driving condition; and
WHEREAS, for the employee's benefit, the employee shall maintain insurance on the
automobile in at least the following amounts: Bodily injury liability, ____(1)___ Dollars
($_______) for each person injured, ____(2)_____ Dollars ($_______) for each occurrence;
property damage liability _____(3)_____ Dollars ($_______) for each accident; _____(4)______
Dollars ($_______) deductible comprehensive coverage, _____(5)_____ Dollars ($_______);
____(6)_____ Dollars ($_______) deductible collision coverage at fair market value; and
WHEREAS, a certification of the employee's insurance showing those coverages will be
filed by the employee with the company; and
WHEREAS, all of the requirements of this section shall be complied with at the
employee's cost.
NOW THEREFORE, In consideration of the above, the company shall pay the employee
___(7)____ Dollars ($_______) per week for the use of his automobile during the period from
____(8)______, 19_(9)_, to ____(10)______, 19_(11)_. Those payments shall be charged to the
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employee's account as an automobile allowance. The payments shall be made weekly, but
neither the payments nor this agreement shall make the company the owner, bailee or lessee of
said automobile, nor shall the company be responsible for any damage to the automobile.
___________(12)________________
Employer
___________(13)________________
Employee
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MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS OF
MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS OF
____________(1)____________
The annual meeting of the Shareholders of the above-named Corporation, was held on
_______(2)________, at ____(3)___, at the offices of the corporation.
On motion duly made and carried, a Chairman and Secretary of the meeting were
elected, the same being _____(4)______ and ______(5)_______.
The Chairman and Secretary accepted his office and proceeded with the discharge of his
duties.
The Chairman then called the roll and found that the following shareholders to the
articles of Incorporation were present in person:
NAME SHARES
_____________(6)____________ __(7)___
_____________(6)____________ __(7)___
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_____________(6)____________ __(7)___
_____________(6)____________ __(7)___
_____________(6)____________ __(7)___
_____________(6)____________ __(7)___
A written Waiver of Notice of the time and place of holding the present meeting, signed
by all of the shareholders of this corporation was then presented and read by the Chairman and
the same was ordered, filed and spread at length upon the minutes.
Upon motion duly made and carried, the following named persons were elected as
Director of the Corporation to serve until the next annual meeting of shareholders, or until his
successor is duly elected and qualified:
____________(8)____________
____________(8)____________
____________(8)____________
motion duly made and carried, it was:
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RESOLVED, that the above-named Directors of this Corporation be promptly notified of
their election and requested to meet at the earliest opportunity after the adjournment of this
meeting to elect the officers of the Corporation and to take such action as may be deemed
advisable or necessary to complete the organization of the Corporation.
There being no further business before the meeting the same was, on motion, duly
adjourned.
______________(9)______________
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MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS
MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS
The annual meeting of the Board of Directors of the Corporation was held at the office of
the corporation, on _______(1)________, 19_(2)_, immediately following the annual meeting of
shareholders of the Corporation.
The Director present was _________(3)_________.
Temporary Chairman was nominated and elected and acted as such until relieved by the
President, same being ________(4)_________.
The Chairman then presented and read to the meeting a Waiver of Notice of meeting,
subscribed by all of the Directors of the Corporation.
Upon a motion duly made, seconded and unanimously carried, it was:
RESOLVED, that the Chairman be requested to cause the same to be spread at length
upon the minutes.
The Chairman then stated that nominations for officers of the Corporation were in order.
The following persons were nominated and thereupon elected to the position opposite their
names to serve until their successors are elected and qualified:
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___________(5)_____________ PRESIDENT
___________(6)_____________ VICE PRESIDENT
___________(7)_____________ SECRETARY
___________(8)_____________ TREASURER
The President, Vice President, Secretary and Treasurer thereupon assumed their
respective offices.
The President then presented and read the minutes of the annual meeting of
shareholders of this Corporation, and the same were, on motion duly made, seconded and
unanimously carried, in all respects ratified and adopted by this Board of Directors.
There being no further business to come before the meeting, upon motion duly made,
seconded and unanimously carried, the same was adjourned.
DATED: _______(9)_______, 19_(10)_
____________(11)______________
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MINUTES OF THE FIRST MEETING OF SHAREHOLDERS
MINUTES OF THE FIRST MEETING OF SHAREHOLDERS
__________(1)___________
The initial meeting of the Board of Directors of the above-named Corporation, was held
on __________(2)___________, at _______(3)_______, at the offices of the Corporation.
On motion duly made and carried, a Chairman and Secretary of the meeting were elected, the
same being __________(4)___________ and __________(5)___________.
The Chairman and Secretary accepted his office and proceeded with the discharge of his
duties. The Chairman then called the roll and found that the following shareholders to the
articles of Incorporation were present in person:
NAME SHARES
__________(6)___________ _______(7)_______
__________(6)___________ _______(7)_______
__________(6)___________ _______(7)_______
__________(6)___________ _______(7)_______
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__________(6)___________ _______(7)_______
__________(6)___________ _______(7)_______
A written Waiver of Notice of the time and place of holding the present meeting, signed
by all of the shareholders of this corporation was then presented and read by the Chairman and
the same was ordered, filed and spread at length upon the minutes.
The Chairman then presented and read to the meeting, a copy of the Articles of
Incorporation of the Corporation and reported that the original thereof had been filed with the
Office of the Secretary of State; that the filing fee and taxes have been paid, that a receipt
therefore had been issued by the Secretary of State, that same were in full force and effect, and,
on motion duly made and carried, it was
RESOLVED, that said report be accepted as correct and the Secretary is directed to
spread a copy of said Articles and receipt at length upon the minutes.
Upon motion duly made and carried, it was:
RESOLVED, that this Corporation shall have a Board of Directors consisting of _(8)_
member(s) initially. Upon motion duly made and carried, the following named persons were
elected as Director of the Corporation to serve until the next annual meeting of shareholders, or
until his successor is duly elected and qualified:
____________(9)____________
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____________(9)____________
____________(9)____________
Upon motion duly made and carried, it was:
RESOLVED, that the above-named Directors of this Corporation be promptly notified of
their election and requested to meet at the earliest opportunity after the adjournment of this
meeting to elect the officers of the Corporation and to take such action as may be deemed
advisable or necessary to complete the organization of the Corporation.
Upon motion duly made and carried, it was:
RESOLVED, that the Board of Directors be and is hereby authorized to issue all of the
unsubscribed stock of this Corporation at such time and in such amounts as shall be determined
by the board, and to accept in payment thereof, money, labor done or such property as the Board
of Directors may determine necessary for the use and lawful purpose of the Corporation.
The Chairman then submitted for the consideration of the meeting a set of proposed
Bylaws and stated the same had been prepared by counsel for the Corporation in accordance
with instructions of the Corporation.
The same were taken up, read and considered, clause by clause, and adopted as the
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Bylaws of the Corporation.
On motion duly made and carried, the Chairman was directed to append the said Bylaws
at length in the minute book.
There being no further business before the meeting the same was, on motion, duly
adjourned.
______________(10)_____________
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MINUTES OF THE FIRST MEETING OF THE BOARD OF DIRECTORS
MINUTES OF THE FIRST MEETING OF THE BOARD OF DIRECTORS
The initial meeting of the Board of Directors of the Corporation was held at the office of
the corporation, on _______(1)________, 19_(2)_, immediately following the initial meeting of
shareholders of the Corporation.
The Director present was _________(3)_________. Temporary Chairman was
nominated and elected and acted as such until relieved by the President, same being
________(4)_________.
The Chairman then presented and read to the meeting a Waiver of Notice of meeting,
subscribed by all of the Directors of the Corporation.
Upon a motion duly made, seconded and unanimously carried, it was:
RESOLVED, that the Chairman be requested to cause the same to be spread at length
upon the minutes.
The Chairman then stated that nominations for officers of the Corporation were in order.
The following persons were nominated and thereupon elected to the position opposite their
names to serve until their successors are elected and qualified:
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_________(5)___________ PRESIDENT
_________(6)___________ VICE PRESIDENT
_________(7)___________ SECRETARY
_________(8)___________ TREASURER
The President, Vice President, Secretary and Treasurer thereupon assumed their
respective offices.
The Chairman then stated that is was advisable to issue immediately certain shares of
stock of the Corporation's common stock at its par value, none of which are issued and
outstanding.
Thereupon, the following resolution was adopted:
RESOLVED, that the officers of the Corporation are hereby authorized to issue at this
time, shares of the authorized capital stock of the Corporation to the following:
SHARES TO BE CONSIDERATION
ISSUED TO NUMBER OF SHARES THEREFORE
____(9)_____ _(10)_ _(11)_
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The following resolution was unanimously adopted:
RESOLVED, that the President and Treasurer be authorized, empowered and directed to
open a bank account and to deposit therein all funds of the Corporation, payable on said account
to be made in the corporate name and that a copy of the printed form of the bank resolution be
appended to the minutes of this meeting.
The President then presented and read the minutes of the first meeting of shareholders
of this Corporation, and the same were, on motion duly made, seconded and unanimously
carried, in all respects ratified and adopted by this Board of Directors.
The President then presented and read to the meeting the Bylaws adopted at said
meeting of the shareholders and made a part of the minutes, and on motion duly made,
seconded and unanimously carried, the same were, in all respects, ratified, confirmed and
approved as and for the Bylaws of the said Corporation.
On motion duly made, seconded and carried, the President was directed to designate
such agents for service of process as the President may deem advisable from time to time, and
to file with the Office of the Secretary of State, State of ____(12)____, immediately and
thereafter as required, the appropriate certificates designating the offices and agent or agents for
service of process on this Corporation, and further to file copies of the same as a part of these
minutes.
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On a motion duly made, seconded and carried, the Treasurer was directed to pay from
the corporate funds the expense of organizing the Corporation, approval of payment being given
to the bill of attorneys for the Corporation.
Upon motion duly made, seconded and carried, the law firm of
__________(13)__________, was named as general counsel for this Corporation.
There being no further business to come before the meeting, upon motion duly made,
seconded and unanimously carried, the same was adjourned.
DATED: _________(14)_________, 19_(15)_
____________(16)______________
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MODIFICATION AGREEMENT
MODIFICATION AGREEMENT
This Agreement made this _(1)_ day of _______(2)_______, 19__(3)_, by and between
__________(4)________, of ________(5)_________, and __________(6)__________, of
________(7)_________.
In consideration of the promises contained herein, additional to those heretofore made,
that certain contract entered into between the parties, on ___________(8)__________, 19__(9)_,
a copy of which contract is attached hereto and marked Exhibit A, is hereby, modified in the
following respects only:
By inserting in such agreement attached hereto as Exhibit A, between the Paragraphs
numbered __(10)__ and __(11)__, the following new paragraph: ___(12)__.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
The agreement attached hereto as Exhibit A is otherwise reaffirmed. Executed on the
date first above written.
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___________(13)________________ _____________(14)______________
___________(13)________________
Witnesses
___________(13)________________ _____________(15)______________
___________(13)________________
Witnesses
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MORTGAGE ASSUMPTION AGREEMENT
MORTGAGE ASSUMPTION AGREEMENT
THIS MORTGAGE ASSUMPTION AGREEMENT (hereinafter referred to as the
"Agreement") made and entered into as of this _(1)_ day of ______(2)_____, 19_(3)_, by and
between _______(4)___________, of ____________(5)_______________, (hereinafter referred
to as the "Lender") and __________(6)_______________, of __________(7)_______________
(hereinafter referred to as "Borrower").
W I T N E S S E T H:
WHEREAS, Lender is the holder and owner of the following documents (hereinafter
sometimes collectively referred to as the "Loan Documents"):
1. Mortgage Note dated ________(8)___________, in the original principal face amount
of _________(9)___________ DOLLARS ($_________) executed and delivered by
__________(10)__________ (hereinafter referred to as the "Original Borrower") in favor of
Lender (hereinafter referred to as the "Note"); and,
2. Mortgage given by Original Borrower as "Mortgagor" to Lender as "Mortgagee" dated
_______(11)____________, which Mortgage is recorded on the Public Records of ___(12)____
County, ___(13)____ at O.R. Book _(14)_, Page _(15)_ (hereinafter referred to as the
"Mortgage"), and which Mortgage encumbers the real property as described therein; and,
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WHEREAS, the Original Borrower is desirous of conveying the property encumbered by
the Mortgage, (hereinafter referred to as the "Property") to Borrower; and,
WHEREAS, the Borrower desires to receive said Property and formally assume the
Mortgage and perform all of the covenants and conditions contained in the Mortgage Note, the
Mortgage and all other Loan Documents as partial consideration for its purchase of the Property
and as consideration for the Lender's willingness to consent to the sale of the Property which is
encumbered by the Loan Documents; and,
WHEREAS, the Mortgage expressly prohibits the conveyance of the Property without the
express written consent of the Lender; and,
WHEREAS, the Lender is unwilling to give its consent to the transfer of the Property to
the Borrower unless the Borrower shall assume all of the obligations heretofore imposed by the
Loan Documents upon the Original Borrower;
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00)
and in consideration of the Premises and of the mutual covenants contained herein, and for
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged by the parties, the parties hereto agree as follows:
1. Assumption. Borrower expressly assumes the Loan Documents and agrees to perform
all covenants, conditions, duties and obligations contained therein and agrees to pay the Note
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and the obligations evidenced thereby in a prompt and timely manner in accordance with the
terms thereof.
2. Consent to Conveyance. Lender hereby consents to the transfer of the Property to the
Borrower, but the Lender expressly reserves the right to withhold its consent to any future sale or
transfer of the Property, as provided for in the Mortgage.
3. Warranties and Representations. Borrower affirms, warrants, represents and
covenants that Borrower has no defenses nor rights of set-off against Lender or against the
payment, collection or enforcement of the indebtedness evidenced by the Note and secured by
the Mortgage and owed to Lender. Borrower further warrants and represents as follows:
a. Borrower has done no acts nor omitted to do any act which might prevent Lender
from, or limit Lender in, acting upon or under any of the provisions herein, in the Mortgage, in the
Note or any other Loan Documents;
b. Borrower is not prohibited under any other agreement with any other person or any
judgment or decree, from the execution and delivery of this Agreement, the performance of each
and every covenant hereunder or under the Mortgage, Note or any other Loan Documents;
c. No action has been brought or threatened which would in any way interfere with the
right of Borrower to execute this Agreement and perform all of Borrower's obligations contained
herein, in the Note, in the Mortgage, or in any other Loan Document;
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d. All financial statements of Borrower and Guarantors, if any, are true and correct in all
respects, fairly present the respective financial conditions of the subjects thereof, as of the
respective dates thereof and no material adverse change has occurred that would affect
Borrower's or Guarantors', if any, ability to repay the indebtedness evidenced by the Note and
secured by the Mortgage;
e. Borrower is duly formed, validly existing and in good standing under the laws of the
State of ______(16)______ and has full power and authority to consummate the transactions
contemplated under this Agreement.
4. Acknowledgments. Borrower acknowledges that:
a. The Loan Documents are in full force and effect; and,
b. The principal balance of the loan as represented by the aforesaid Note as of the date
of this Agreement is _____(17)______ DOLLARS ($___________) and principal and interest are
unconditionally due and owing to the Lender as provided in the Note.
5. Costs. Borrower shall pay all costs of the assumption made hereby, to include without
limitation, attorneys' fees and recording costs, as well as the cost of an endorsement to Lender's
title insurance policy insuring the lien of the Mortgage after the recording of this Agreement.
Such costs shall be due at closing hereunder and the payment thereof shall be a condition
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precedent to Lender's consent to the transfer of the Property to Borrower. In the event that it is
determined that additional costs relating to this transaction are due, Borrower agrees to pay such
costs immediately upon demand.
6. Assumption Fee. In consideration of Lender's consenting to the conveyance of the
Property to the Borrower, Lender is entitled to, and has earned, an assumption fee in the amount
of _(18)_ percent (___%) of the original principal face amount of the indebtedness evidenced by
the Note. Said fee shall be due and payable upon the execution and delivery of this Agreement.
Borrower hereby agrees and acknowledges that said fee is being charged solely for costs relating
to the assumption of the Mortgage and not as interest for the forbearance or use of money.
7. Recordation. The recording of this Agreement on the Public Records shall evidence
the closing of the transaction described herein.
8. Paragraph Headings. The paragraph headings used herein are for convenience of
reference only and shall not be used in the interpretation or construction hereof.
9. Governing Law. This Agreement shall be governed, interpreted and construed by,
through and under the laws of the State of _______(19)______.
10. Time of the Essence. Time is of the essence of this Agreement.
11. Attorneys' Fees. All costs incurred by Lender in enforcing this Agreement and in
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LEGAL FORMS KIT 2
collection of sums due Lender from Borrower, to include, without limitation, reasonable attorneys'
fees through all trials, appeals, and proceedings, to include, without limitation, any proceedings
pursuant to the bankruptcy laws of the United States and any arbitration proceedings, shall be
paid by Borrower.
12. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the
parties hereto as well as their successors and assigns, heirs and personal representatives.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as
follows:
As to Lender this _(20)_ day of ______(21)___________, 19_(22)_.
"LENDER"
WITNESSES:
_________(23)______________ ____________(24)_______________
_________(23)______________
As to Borrower this (20) day of ________(21)_______, 19_(22)_.
"BORROWER"
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WITNESSES:
_________(23)______________ ___________(25)________________
_________(23)______________
STATE OF _______(26)_________)
)
COUNTY OF ______(27)_________)
THE FOREGOING instrument was acknowledged before me this (28) day of
_______(29)______, 19_(30)_, by ________(31)________.
___________(32)_______________
Notary Public
My Commission Expires: _________________
STATE OF ________(26)________)
)
COUNTY OF _______(27)________)
THE FOREGOING instrument was acknowledged before me this _(28)_ day of
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LEGAL FORMS KIT 2
______(29)______, 19(30), by ____(33)________.
__________(32)__________________
Notary Public
My Commission Expires: _________
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LEGAL FORMS KIT 2
MORTGAGE
MORTGAGE
THIS INDENTURE, made as of the _(1)_ day of _____(2)______, 19_(3)_, by and
between _______________(4)______________________, of
_____________(5)______________________, hereinafter called "Mortgagor", and
________________(6)_________________________, of ______________(7)_______________,
hereinafter called "Mortgagee".
W I T N E S S E T H :
AMOUNT OF LIEN: "NOTE"
WHEREAS, Mortgagor is justly indebted to Mortgagee in the sum of
______(8)_________ DOLLARS ($_____(9)_____) in lawful money of the United States, and
has agreed to pay the same, with interest thereon, according to the terms of a certain note (the
"Note") given by Mortgagor to Mortgagee, bearing even date herewith.
DESCRIPTION OF PROPERTY SUBJECT TO LIEN: "PREMISES".
NOW, THEREFORE, in consideration of the premises and the sum hereinabove set
forth, and to secure the payment of the Secured Indebtedness as defined herein, Mortgagor has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and
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convey unto Mortgagee property situate in ___(10)___ County, _____(11)_____, more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof;
TOGETHER with all buildings, structures and other improvements now or hereafter
located on, above or below the surface of the property hereinbefore described, or any part and
parcel thereof; and,
TOGETHER with all and singular the tenements, hereditaments, easements, riparian
and littoral rights, and appurtenances thereunto belonging or in anywise appertaining, whether
now owned or hereafter acquired by Mortgagor, and including all rights of ingress and egress to
and from adjoining property (whether such rights now exist or subsequently arise) together with
the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also
all the estate, right, title, interest, claim and demand whatsoever of Mortgagor of, in and to the
same and of, in and to every part and parcel thereof; and,
TOGETHER with all machinery, apparatus, equipment, fittings, fixtures, whether actually
or constructively attached to said property and including all trade, domestic and ornamental
fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter
collectively called "Equipment"), now or hereafter located in, upon or under said property or any
part thereof and used or usable in connection with any present or future operation of said
property and now owned or hereafter acquired by Mortgagor; and,
TOGETHER with all the common elements appurtenant to any parcel, unit or lot which is
all or part of the Premises; and, ALL the foregoing encumbered by this Mortgage being
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collectively referred to herein as the "Premises";
TO HAVE AND TO HOLD the Premises hereby granted to the use, benefit and behalf of
the Mortgagee, forever.
U.C.C. SECURITY AGREEMENT
It is agreed that if any of the property herein mortgaged is of a nature so that a security
interest therein can be perfected under the Uniform Commercial Code, this instrument shall
constitute a Security Agreement and Mortgagor agrees to join with the Mortgagee in the
execution of any financing statements and to execute any and all other instruments that may be
required for the perfection or renewal of such security interest under the Uniform Commercial
Code.
EQUITY OF REDEMPTION
Conditioned, however, that if Mortgagor shall promptly pay or cause to be paid to
Mortgagee, at its address listed in the Note, or at such other place which may hereafter be
designated by Mortgagee, its or their successors or assigns, with interest, the principal sum of
_____(12)_______ DOLLARS ($__(13)__) with final maturity, if not sooner paid, as stated in said
Note unless amended or extended according to the terms of the Note executed by Mortgagor
and payable to the order of Mortgagee, then these presents shall cease and be void, otherwise
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these presents shall remain in full force and effect.
ARTICLE ONE
COVENANTS OF MORTGAGOR
Mortgagor covenants and agrees with Mortgagee as follows:
1.01 Secured Indebtedness.
This Mortgage is given as security for the Note and also as security for any and all other
sums, indebtedness, obligations and liabilities of any and every kind arising, under the Note or
this Mortgage, as amended or modified or supplemented from time to time, and any and all
renewals, modifications or extensions of any or all of the foregoing (all of which are collectively
referred to herein as the "Secured Indebtedness"), the entire Secured Indebtedness being
equally secured with and having the same priority as any amounts owed at the date hereof.
1.02 Performance of Note, Mortgage, Etc..
Mortgagor shall perform, observe and comply with all provisions hereof and of the Note
and shall promptly pay, in lawful money of the United States of America, to Mortgagee the
Secured Indebtedness with interest thereon as provided in the Note, this Mortgage and all other
documents constituting the Secured Indebtedness.
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1.03 Extent Of Payment Other Than Principal And Interest.
Mortgagor shall pay, when due and payable, (1) all taxes, assessments, general or
special, and other charges levied on, or assessed, placed or made against the Premises, this
instrument or the Secured Indebtedness or any interest of the Mortgagee in the Premises or the
obligations secured hereby; (2) premiums on policies of fire and other hazard insurance covering
the Premises, as required herein; (3) ground rents or other lease rentals; and (4) other sums
related to the Premises or the indebtedness secured hereby, if any, payable by Mortgagor.
1.04 Insurance.
Mortgagor shall, at its sole cost and expense, keep the Premises insured against all
hazards as is customary and reasonable for properties of similar type and nature located in
______(14)______ County, ____(15)___.
1.05 Care of Property.
Mortgagor shall maintain the Premises in good condition and repair and shall not commit
or suffer any material waste to the Premises.
1.06 Prior Mortgage.
With regard to the Prior Mortgage, Mortgagor hereby agrees to:
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(i) Pay promptly, when due, all installments of principal and interest and all other sums
and charges made payable by the Prior Mortgage;
(ii) Promptly perform and observe all of the terms, covenants and conditions required to
be performed and observed by Mortgagor under the Prior Mortgage, within the period provided in
said Prior Mortgage;
(iii) Promptly notify Mortgagee of any default, or notice claiming any event of default by
Mortgagor in the performance or observance of any term, covenant or condition to be performed
or observed by Mortgagor under any such Prior Mortgage.
(iv) Mortgagor will not request nor will it accept any voluntary future advances under the
Prior Mortgage without Mortgagee's prior written consent, which consent shall not be
unreasonably withheld.
ARTICLE TWO
DEFAULTS
2.01 Event of Default.
The occurrence of any one of the following events which shall not be cured within _(16)_
days after written notice of the occurrence of the event, if the default is monetary, or which shall
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LEGAL FORMS KIT 2
not be cured within __(17)__ days after written notice from Mortgagee, if the default is non-
monetary, shall constitute an "Event of Default":
(a) Mortgagor fails to pay the Secured Indebtedness, or any part thereof, or the taxes,
insurance and other charges, as hereinbefore provided, when and as the same shall become due
and payable;
(b) Any material warranty of Mortgagor herein contained, or contained in the Note,
proves untrue or misleading in any material respect;
(c) Mortgagor materially fails to keep, observe, perform, carry out and execute the
covenants, agreements, obligations and conditions set out in this Mortgage, or in the Note;
(d) Foreclosure proceedings (whether judicial or otherwise) are instituted on any
mortgage or any lien of any kind secured by any portion of the Premises and affecting the priority
of this Mortgage.
2.02 Options Of Mortgagee Upon Event Of Default.
Upon the occurrence of any Event of Default, the Mortgagee may immediately do any
one or more of the following:
(a) Declare the total Secured Indebtedness, including without limitation all payments for
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taxes, assessments, insurance premiums, liens, costs, expenses and attorney's fees herein
specified, without notice to Mortgagor (such notice being hereby expressly waived), to be due
and collectible at once, by foreclosure or otherwise;
(b) Pursue any and all remedies available under the Uniform Commercial Code; it being
hereby agreed that ten (10) days' notice as to the time, date and place of any proposed sale shall
be reasonable;
(c) In the event that Mortgagee elects to accelerate the maturity of the Secured
Indebtedness and declares the Secured Indebtedness to be due and payable in full at once as
provided for in Paragraph 2.02(a) hereinabove, or as may be provided for in the Note, or any
other provision or term of this Mortgage, then Mortgagee shall have the right to pursue all of
Mortgagee's rights and remedies for the collection of such Secured Indebtedness, whether such
rights and remedies are granted by this Mortgage, any other agreement, law, equity or otherwise,
to include, without limitation, the institution of foreclosure proceedings against the Premises
under the terms of this Mortgage and any applicable state or federal law.
ARTICLE THREE
MISCELLANEOUS PROVISIONS
3.01 Prior Liens.
Mortgagor shall keep the Premises free from all prior liens (except for those consented
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to by Mortgagee).
3.02 Notice, Demand and Request.
Every provision for notice and demand or request shall be deemed fulfilled by written
notice and demand or request delivered in accordance with the provisions of the Note relating to
notice.
3.03 Meaning of Words.
The words "Mortgagor" and "Mortgagee" whenever used herein shall include all
individuals, corporations (and if a corporation, its officers, employees or agents), trusts and any
and all other persons or entities, and the respective heirs, executors, administrators, legal
representatives, successors and assigns of the parties hereto, and all those holding under either
of them. The pronouns used herein shall include, when appropriate, either gender and both
singular and plural. The word "Note" shall also include one or more notes and the grammatical
construction of sentences shall conform thereto.
3.04 Severability.
If any provision of this Mortgage or any other Loan Document or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of the
instrument in which such provision is contained, nor the application of the provision to other
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persons, entities or circumstances, nor any other instrument referred to hereinabove shall be
affected thereby, but instead shall be enforced to the maximum extent permitted by law.
3.05 Governing Law.
The terms and provisions of this Mortgage are to be governed by the laws of the State of
____(18)_____. No payment of interest or in the nature of interest for any debt secured in part by
this Mortgage shall exceed the maximum amount permitted by law. Any payment in excess of
the maximum amount shall be applied or disbursed as provided in the Note in regard to such
amounts which are paid by the Mortgagor or received by the Mortgagee.
3.06 Descriptive Headings.
The descriptive headings used herein are for convenience of reference only, and they
are not intended to have any effect whatsoever in determining the rights or obligations of the
Mortgagor or Mortgagee and they shall not be used in the interpretation or construction hereof.
3.07 Attorney's Fees.
As used in this Mortgage, attorneys' fees shall include, but not be limited to, fees
incurred in all matters of collection and enforcement, construction and interpretation, before,
during and after suit, trial, proceedings and appeals. Attorneys' fees shall also include hourly
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charges for paralegals, law clerks and other staff members operating under the supervision of an
attorney.
3.08 Exculpation.
Notwithstanding anything contained herein to the contrary, the Note which this Mortgage
secures is a non-recourse Note and such Note shall be enforced against Mortgagor only to the
extent of Mortgagor's interest in the Premises as described herein and to the extent of
Mortgagor's interest in any personalty as may be described herein.]
IN WITNESS WHEREOF, the Mortgagor has caused this instrument to be duly executed
as of the day and year first above written.
Witnesses:
___________(19)_______________ ______________(21)_______________
___________(20)_______________
STATE OF _______(22)_________)
)
COUNTY OF ______(23)_________)
THE FOREGOING instrument was acknowledged before me this _(24)_ day of
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_____(25)____, 19_(26)_, by _________(27)___________.
____________(28)________________
My Commission Expires: _________(29)_________
NOTICE
The information in this document is designed to provide an outline that you can follow
when formulating business or personal plans. Due to the variances by many local, city, county
and state laws, we recommend that you seek professional legal counseling before entering into
any contract or agreement.
MUTUAL RESCISSION OF CONTRACT
This Agreement of mutual rescission of a contract made and entered into this _(1)_ day
of ______(2)_________, 19__(3)__, by and between ________(4)_________, of
___________(5)___________, and _______(6)__________, of ___________(7)___________.
The parties recite and declare that:
A. On _________(8)_________, 19__(9)_, the parties entered into a contract, which
contract is attached hereto and marked Exhibit A.
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B. The parties to that contract and to this agreement of mutual rescission desire to
rescind that contract.
For the reasons set forth above, and in consideration of the mutual covenants of the
parties hereto, the parties agree as follows:
The above-mentioned contract is hereby rescinded as of this day first above written, and
neither party shall have any further rights or duties thereunder.
____________(10)_______________ _____________(11)_____________
____________(10)_______________
Witnesses
____________(10)_______________ _____________(12)_____________
____________(10)_______________
Witnesses
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NOTICE OF OVERDUE RENT
NOTICE OF OVERDUE RENT
Date: _______(1)__________
TO: (Insert Name and Address of Tenant)
FROM: (Insert Name and Address of Landlord)
Rent in the amount of $__(2)__ was due on _____(3)_______ for the period of
______(4)_________ for the premises which you are currently occupying. Please bring your
payment to the address shown below or telephone us immediately. Please disregard this notice if
you have already sent us your remittance.
LANDLORD
______________(5)______________
Phone: _______(6)______________
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NOTICE OF REVOCATION OF POWER OF ATTORNEY
NOTICE OF REVOCATION OF POWER OF ATTORNEY
I, _________(1)____________, of __________(2)__________, by written instrument
dated ________(3)____________, 19__(4)_, appointed _____________(5)______________ of
____________(6)____, my attorney in fact for the purposes and with powers therein set forth, a
copy of which is attached hereto as Exhibit "A".
Notice is hereby given that I have revoked, and do hereby revoke, the above-described
power of attorney, and all power and authority thereby given, or intended to be given, to
____________(5)_______________.
Dated ____________(7)_____________, 19__(8)_.
_____________(9)_______________
STATE OF _______(10)____________
COUNTY OF ______(11)____________
BEFORE ME, the undersigned authority, on this _(12)_ day of _______(13)________, 19_(14)_,
personally appeared ___________(15)___________ to me well known to be the person
described in and who signed the Foregoing, and acknowledged to me that he executed the same
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freely and voluntarily for the uses and purposes therein expressed.
WITNESS my hand and official seal the date aforesaid.
___________(16)________________
NOTARY PUBLIC
My Commission Expires:__(17)___
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OPTION AGREEMENT FOR PURCHASE OF REAL PROPERTY
OPTION AGREEMENT FOR PURCHASE OF REAL PROPERTY
THIS OPTION AGREEMENT ("Agreement") made and entered into this _(1)_ day of
____(2)_____, 19_(3)_, by and between _______(4)______, whose principal address is
_______(5)_________, hereinafter referred to as "Seller" and ________(6)_______, whose
principal address is _______(7)________, hereinafter referred to as "Purchaser":
W I T N E S S E T H:
WHEREAS, Seller is the fee simple owner of certain real property being, lying and
situated in the County of ___(8)____, State of ______(9)_______, such real property having the
street address of ___________(10)_____________ ("Premises") and such property being more
particularly described as follows:
(Insert Legal Description)
and,
WHEREAS, Purchaser desires to procure an option to purchase the Premises upon the
terms and provisions as hereinafter set forth;
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of
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which is hereby acknowledged by the parties hereto and for the mutual covenants contained
herein, Seller and Purchaser hereby agree as follows:
1. DEFINITIONS. For the purposes of this Agreement, the following terms shall have the
following meanings:
(a) "Execution Date" shall mean the day upon which the last party to this Agreement
shall duly execute this Agreement;
(b) "Option Fee" shall mean the total sum of a down payment of _(11)_ percent (___%)
of the total purchase price of the Premises plus all closing costs, payable as set forth below;
(c) "Option Term" shall mean that period of time commencing on the Execution Date
and ending on or before _______(12)_____, 19_(13)_;
(d) "Option Exercise Date" shall mean that date, within the Option Term, upon which the
Purchaser shall send its written notice to Seller exercising its Option to Purchase;
(e) "Closing Date" shall mean the last day of the closing term or such other date during
the closing term selected by Purchaser.
2. GRANT OF OPTION. For and in consideration of the Option Fee payable to Seller as
set forth herein, Seller does hereby grant to Purchaser the exclusive right and Option ("Option")
to purchase the premises upon the terms and conditions as set forth herein.
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3. PAYMENT OF OPTION FEE. Purchaser agrees to pay the Seller a down payment of
_(14)_ percent (____%) of the total purchase price of the Premises plus all closing costs upon
the Execution Date.
4. EXERCISE OF OPTION. Purchaser may exercise its exclusive right to purchase the
Premises pursuant to the Option, at any time during the Option Term, by giving written notice
thereof to Seller. As provided for above, the date of sending of said notice shall be the Option
Exercise Date. In the event the Purchaser does not exercise its exclusive right to purchase the
Premises granted by the Option during the Option Term, Seller shall be entitled to retain the
Option Fee, and this agreement shall become absolutely null and void and neither party hereto
shall have any other liability, obligation or duty hereinunder or pursuant to this Agreement.
5. CONTRACT FOR PURCHASE & SALE OF REAL PROPERTY. In the event that the
Purchaser exercises its exclusive Option as provided for in the preceding paragraph, Seller
agrees to sell and Purchaser agrees to buy the Premises and both parties agree to execute a
contract for such purchase and sale of the Premises in accordance with the following terms and
conditions:
(a) Purchase Price. The purchase price for the Premises shall be the sum of
______(15)_______ ($__________); however, Purchaser shall receive a credit toward such
purchase price in the amount of the Option Fee thus, Purchaser shall pay to Seller at closing the
sum of _______(16)_____ ($___________);
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(b) Closing Date. The closing date shall be on _______(17)______, 19_(18)_ or at any
other date during the Option Term as may be selected by Purchaser;
(c) Closing Costs. Purchaser's and Seller's costs of closing the Contract shall be borne
by Purchase and shall be prepaid as a portion of the Option Fee;
(d) Default by Purchaser; Remedies of Seller. In the event Purchaser, after exercise of
the Option, fails to proceed with the closing of the purchase of the Premises pursuant to the
terms and provisions as contained herein and/or under the Contract, Seller shall be entitled to
retain the Option Fee as liquidated damages and shall have no further recourse against
Purchaser;
(e) Default by Seller; Remedies of Purchaser. In the event Seller fails to close the sale
of the Premises pursuant to the terms and provisions of this Agreement and/or under the
Contract, Purchaser shall be entitled to either sue for specific performance of the real estate
purchase and sale contract or terminate such Contract and sue for money damages.
6. MISCELLANEOUS.
(a) Execution by Both Parties. This Agreement shall not become effective and binding
until fully executed by both Purchaser and Seller.
(b) Notice. All notices, demands and/or consents provided for in this Agreement shall be
in writing and shall be delivered to the parties hereto by hand or by United States Mail with
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postage pre-paid. Such notices shall be deemed to have been served on the date mailed,
postage pre-paid. All such notices and communications shall be addressed to the Seller at
__________(19)_________ and to Purchaser at ________(20)________ or at such other
address as either may specify to the other in writing.
(c) Fee Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of ______(21)_____.
(d) Successors and Assigns. This Agreement shall apply to, inure to the benefit of and
be binding upon and enforceable against the parties hereto and their respective heirs,
successors, and or assigns, to the extent as if specified at length throughout this Agreement.
(e) Time. Time is of the essence of this Agreement.
(f) Headings. The headings inserted at the beginning of each paragraph and/or
subparagraph are for convenience of reference only and shall not limit or otherwise affect or be
used in the construction of any terms or provisions hereof.
(g) Cost of this Agreement. Any cost and/or fees incurred by the Purchaser or Seller in
executing this Agreement shall be borne by the respective party incurring such cost and/or fee.
(h) Entire Agreement. This Agreement contains all of the terms, promises, covenants,
conditions and representations made or entered into by or between Seller and Purchaser and
supersedes all prior discussions and agreements whether written or oral between Seller and
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Purchaser with respect to the Option and all other matters contained herein and constitutes the
sole and entire agreement between Seller and Purchaser with respect thereto. This Agreement
may not be modified or amended unless such amendment is set forth in writing and executed by
both Seller and Purchaser with the formalities hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed under proper authority:
As to Purchaser this _(22)_ day of ______(23)_____, 19_(24)_.
Witnesses: "Purchaser"
____________(25)_______________ ____________(26)______________
____________(25)_______________
As to Seller this _(27)_ day of ________(28)______, 19_(29)_.
Witnesses: "Seller"
___________(25)_______________ ____________(30)______________
___________(25)_______________
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PARKING SPACE LEASE
PARKING SPACE LEASE
This Agreement is made and entered in this _(1)_ day of ________(2)________,
19_(3)_, between _________(4)____________, of ________________(5)__________________,
hereinafter referred to as "Landlord" and ________(6)_______, of
___________(7)_____________, hereinafter referred to as "Tenant".
WHEREAS, Landlord desires to lease to Tenant and Tenant desires to lease from
Landlord the premises generally described as ________(8)___________, it is herein agreed as
follows:
1. Landlord hereby leases to Tenant parking space located at the premises described
above and designated as space No. __(9)__, for a term of ___(10)____ beginning
________(11)__________ and ending ________(12)___________.
2. Tenant agrees to pay the stipulated rent in advance on the _(13)_ day of each month
to Landlord or his agent by mail or in person to Landlord or his agent at their respective
addresses as noted above.
3. Upon receiving any payment of parking space rent in cash, Landlord agrees to issue a
receipt stating the name of Tenant, the amount of rent paid, the designation of the parking space
and the period for which said rent is paid.
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4. Tenant affirms his understanding that Landlord does not furnish attendants for the
parking of automobiles, and if any employee of Landlord shall, at the request of the Tenant,
handle, move, park or drive any vehicle placed in the parking area, then, and in every case, such
employee shall be deemed the agent of Tenant, and Tenant, not the Landlord, shall be liable for
any loss, damage, injury or expense that may be suffered or sustained in connection therewith or
arising from the acts of Tenant or any employee who may be acting as agent of Tenant.
5. Landlord is not responsible for items left in any vehicle parked in the designated
space.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
_____________(14)______________
_____________(15)______________
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PROMISSORY NOTE
PROMISSORY NOTE
$______(1)___ ____(2)_____, _____(3)_____
_______(4)________, 19_(5)_
FOR VALUE RECEIVED, the undersigned, promise to pay to the order of
___________(6)______________, (hereinafter referred to as "Payee"; Payee together with any
subsequent holder hereof or any interest herein being hereinafter referred to as "Holder")
at___________(7)______________, or at such other place as the Holder may from time to time
designate in writing, without grace, except as may be otherwise expressly provided for herein,
the principal sum _________(8)____________ ($______), together with interest from the date
hereof at a rate of (9)% per annum on the unpaid principal balance from time to time outstanding
in accordance with the following provisions:
(a) Commencing ______(10)______ 19_(11)_, and on the _(12)_ day of each and every
month thereafter until _____(13)______, 19_(14)_, the undersigned shall pay to Holder equal
installments of ______(15)_____ ($_______), including principal and accrued interest on the
unpaid principal balance. The entire outstanding principal balance shall be due and payable in
full on or before _______(16)_______, 19_(17)_.
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This Note and the instruments securing it are to be governed, interpreted and construed
by, through and under the laws of the State of ______(18)______. This Note may be prepaid in
whole or in part at any time without penalty or premium. If this Note provides for installment
payments of principal, prepayment of principal payments shall be applied in the inverse order
such installment payments are due, applying first to the last principal installment due hereunder.
This Note is secured by a Mortgage of even date herewith executed by the undersigned
in favor of the Payee herein, which is a lien on certain collateral security as described therein.
In the event that any payment of principal and/or interest is not made within thirty (30)
days that same is due, which event shall constitute an "Event of Default" hereunder, or in the
event of any default under the terms of the Mortgage securing this Note, the undersigned shall
pay, during the period of such default, interest on the unpaid balance of the indebtedness
evidenced by this Note at the highest rate allowed by law.
The Holder shall have the optional right to declare the amount of the total unpaid
balance hereto to be due and forthwith payable in advance of the maturity date of any sum due
or installment, as fixed herein, upon the failure of the undersigned to pay, when due and after
thirty (30) days+ that same is due, any of the installments of interest and/or principal, or upon the
occurrence of any event of default or failure to perform in accordance with any of the terms and
conditions in the Mortgage securing this Note or in any other security document executed and/or
delivered in conjunction herewith. Upon exercise of this option by the Holder, the entire unpaid
principal shall bear interest at the highest rate allowed by law. Forbearance to exercise this
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option with respect to any failure or breach of the undersigned shall not constitute a waiver of the
rights to any continuing failure or breach or any subsequent failure or breach.
In no event shall the amount of interest due or payments in the nature of interest payable
hereunder exceed the maximum rate of interest allowed by applicable law, as amended from
time to time, and in the event any such payment is paid by the undersigned or received by the
Holder, then such excess sum shall be credited as a payment of principal, unless the
undersigned shall notify the Holder, in writing, that the undersigned elects to have such excess
sum returned to it forthwith.
Time is of the essence hereunder and, in case this Note is collected by law or through an
attorney-at-law, or under advice therefrom, the undersigned agrees to pay all costs of collection
including reasonable attorneys' fees. Reasonable attorneys' fees are defined to include, but not
be limited to, all fees incurred in all matters of collection and enforcement, construction and
interpretation, before, during and after suit, trial, proceedings and appeals. Attorneys' fees shall
also include hourly charges for paralegals, law clerks and other staff members operating under
the supervision of an attorney.
The remedies of the Holder, as provided herein or in the Mortgage, shall be cumulative
and concurrent, and may be pursued singularly, successively or together, at the sole discretion of
the Holder, and may be exercised as often as occasion therefor shall raise. No act of omission or
commission of the Holder, including specifically any failure to exercise any right, remedy or
recourse, shall be deemed to be a waiver or release of the same, such waiver or release to be
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affected only through a written document executed by the Holder and then only to the extent
specifically recited therein. A waiver or release with reference to any one event shall not be
construed as continuing, as a bar to, or as a waiver or release of any subsequent right, remedy
or recourse as to a subsequent event.
Any notice to be given or to be served upon any party hereto, in connection with this
Note, must be in writing, and may be given by certified or registered mail and shall be deemed to
have been given and received on the third (3rd) business day after a certified or registered letter
containing such notice, properly address, with postage prepaid, is deposited in the United States
mail; and if given otherwise then by certified or registered mail, it shall be deemed to have been
given when delivered to and received by the party to whom it is addressed. Such notices shall be
given to the parties hereto as set forth in the Mortgage.
All persons or corporations or other entities now or at any time liable, whether primarily
or secondarily, for the payment of the indebtedness hereby evidenced, for themselves, their
heirs, legal representatives, successors and assigns respectively, hereby (a) expressly waive
presentment, demand for payment, notice of dishonor, protest, notice of non-payment or protest,
and diligence in collection except as may be otherwise expressly provided; (b) consent that the
time of all payments or any part thereof may be extended, rearranged, renewed or postponed by
the Holder hereof and further consent that the collateral security or any part thereof may be
released, exchanged, added to or substituted for by Holder hereof, without in anywise modifying,
altering, releasing, affecting or limiting their respective liability or the lien of any security
instrument; (c) agree that the Holder, in order to enforce payment of this Note, shall not be
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required first to institute any suit or to exhaust any of its remedies against the undersigned or any
other person or party to become liable hereunder.
If more than one party shall execute this Note, the term "undersigned" as used herein,
shall mean all parties signing this Note and each of them, who shall be jointly and severally
obligated hereunder.
In this Note, whenever the context so requires, the neuter gender includes the feminine
and/or masculine, as the case may be, and the singular number includes the plural.
All references herein to interest at the "maximum rate" shall mean "maximum legal
contract rate".
IN WITNESS WHEREOF, the undersigned has caused this Note to be executed in its
name on the day and year first above written.
_________(19)__________________
Makerís Address
_________(20)__________________
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PROMISSORY NOTE - INTEREST
PROMISSORY NOTE INTEREST
$_________________ __________________
FOR VALUE RECEIVED, I, We ________________________
(Borrower), promise to pay to the order of _______________
(Lender) the sum of ______________($ )Dollars,
with interest at the rate of__________________( %) percent per
annum.
This note shall be due on or before_______________.
Signed this ______day of ______ 19__.
____________________________ ________________________ Witness (Seal)
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PROMISSORY NOTE - SERIES
PROMISSORY NOTE - SERIES
$______________________ ______________,19__
FOR VALUE RECEIVED, I, We ________________ (Borrower)
promise to pay to the order of ________________(Lender) the sum
of ($ )Dollars payable at _____________________ with
interest at the rate of_________ (___%) percent per annum.
This note is No. _____ in a certain series of_____ notes.
Should there be a default in the payment of any of the
notes, then, at the option of the holder hereof, the remaining
notes within the series shall immediately become due and payable.
Signed under seal this _____day of _____, 19__.
______________________________ ___________________________ Witness (Borrower)
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PROMISSORY NOTE - BALLOON
PROMISSORY NOTE - BALLOON
$________________________ ______________________
_________________,19__
FOR VALUE RECEIVED, I, We, the undersigned ____________, (Borrower) promises to pay to __________________(Lender) the sum of ________________($ ) together with interest thereon at the rate of ______ (____%) percent per annum payable as follows:
______months after the date hereof and from month to month thereafter for ______months until _______, 19__, payments of interest only shall be due and payable in the amount of $________ and a final payment in the amount of $_______.
This Note may be prepaid in whole or in part at any time without premium or penalty. All prepayments shall be applied first to interest, then to principal payments in the order of their maturity.
The undersigned agrees to pay all costs and expenses, including all reasonable attorneys' fees, for the collection of this Note upon default. All payments shall be made at _________________________________________, or at such other place as the holder hereof may from time to time designate in writing.
Each maker, surety, guarantor and endorser of this Note waives presentment, notice and protest, all surety ship defenses and agrees to all extensions, renewals, or releases, discharge or exchange of any other party or collateral without notice.
______________________________ ____________________________ Witness Borrower
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PROMISSORY NOTE - DEMAND
PROMISSORY NOTE - DEMAND Joint and Several Liability
FOR VALUE RECEIVED, I, We __________________, the
undersigned Borrower, jointly and severally promise to pay to
_______________________ Lender or order the sum of ______________
($____________) Dollars, together with interest thereon at
the rate of ________ percent (____%) per annum. The entire
unpaid principal and accrued interest thereon, if any, shall
become immediately due and payable on demand by the holder
hereof.
This Note may be prepaid in whole or in part at any time
without premium or penalty. All prepayments shall be applied
first to interest, then to principal payments in the order of
their maturity.
The undersigned agrees to pay all costs and expenses,
including all reasonable attorneys' fees, for the collection of
this Note upon default. All payments shall be made at _________
_______________________, or at such other place as the holder
hereof may from time to time designate in writing.
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______________________________ _______________________________ Witness Borrower
_______________________________ Dated: Borrower
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PROMISSORY NOTE - GUARANTY
PROMISSORY NOTE-GUARANTY
FOR VALUE RECEIVED, the undersigned jointly and severally promise to pay to the order of_________________,the sum of______ ___________ ($ ) Dollars, with interest thereon at the rate of_____ % per annum on the unpaid balance.
Said sum shall be payable as follows: _______________________________________________ _______________________________________________
The undersigned shall have the right to prepay without penalty. In the event any payment due hereunder is not made when due, the entire balance shall be immediately due and payable at the option of the holder.
In the event of default, the undersigned agree to pay all reasonable attorney fees and costs of collection.
Each maker, surety, guarantor or endorser of this note waives presentation of payment, notice of non-payment, protest and notice of protest and agrees to all extensions, renewals, or release, discharge or exchange of any other party or collateral without notice.
-------------------------
-------------------------
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PROMISSORY NOTE (LONG FORM)
PROMISSORY NOTE (Long Form)
FOR VALUE RECEIVED, the undersigned hereby jointly and severally promise to pay to the order of____________________, the sum of______________ ($ ) Dollars,together with interest thereon at the rate of ___ % per annum on the unpaid balance. Said sum shall be paid in the manner following: (Describe terms)
All payments shall be first applied to interest and the balance to principal.
This Note may be prepaid, at any time, in whole or in part, without penalty.
This Note shall at the option of the holder hereof be immediately due and payable upon failure to make any payment due hereunder or for breach of any condition of any security interest, mortgage, pledge agreement or guaranty granted as collateral security for this Note or breach of any condition of any security agreement or mortgage, if any, having a priority over any security agreement or mortgage on collateral granted, in whole or in part, as collateral security for this Note or upon the filing by any of the undersigned of an assignment for the benefit of creditors, bankruptcy, or for relief under any provisions of the Bankruptcy Code; or by suffering an involuntary petition in bankruptcy or receivership not vacated within thirty days.
In the event this Note shall be in default, and placed with an attorney for collection, then the undersigned agree to pay all reasonable attorney fees and costs of collection. Payments not made within_____days of due date shall be subject to a late charge of _____% of said payment. All payments hereunder shall be made to such address as may from time to time be designated by any holder hereof.
The undersigned and all other parties to this Note, whether as endorsers, guarantors or sureties waive demand, presentment and protest and all notices thereto and further agree to remain bound, notwithstanding any extension, modification, waiver, or other indulgence by any holder or upon the discharge
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or release of any obligor hereunder or to this Note, or upon the exchange, substitution, or release of any collateral granted as security for this Note.
Signed and sealed under pains and penalties of perjury this ___day of _________, 19__.
_______________________
_______________________
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PROMISSORY NOTE (FOR OPEN ACCOUNT DEBT)
PROMISSORY NOTE (For Open Account Debt)
FOR VALUE RECEIVED, the undersigned promise to pay to the order of __________________________ , the sum of_____________ ($ ) Dollars, together with interest thereon at the rate of __ % per annum on the unpaid balance.
Said principal and interest shall be payable as follows: (Describe Terms)
The undersigned may prepay this Note in whole or in part without penalty. In the event any payment due hereunder is not paid when due, the entire balance shall be immediately due and payable upon demand of the holder. Upon default, the undersigned shall pay all reasonable attorney fees and costs necessary for the collection of this Note.
This Note is executed to evidence an existing indebtedness due the payee from the undersigned on an open account balance as of this date, and this Note shall not be construed as a separate obligation.
Signed under seal this _____day of _________, 19__.
____________________________
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PROPERTY MANAGEMENT AGREEMENT
PROPERTY MANAGEMENT AGREEMENT
This Agreement is made and entered in this _(1)_ day of ________(2)________,
19_(3)_, between _________(4)____________, of ________________(5)__________________,
hereinafter called "Owner", and __________(6)__________, of
______________(7)________________, hereinafter called "Manager".
Owner hereby employs the services of the Manager to manage, operate, control, rent
and lease the following property:
(Insert Description of Property)
Responsibilities of Manager
The Owner hereby appoints Manager as his lawful agent and attorney-in-fact with full
authority to do any and all lawful things necessary for the fulfillment of this Agreement, including
the following:
1. To collect all rents due and as they become due, giving receipts therefore; to render
to the Owner a monthly accounting of rents received and expenses paid out; and to remit to the
Owner all income, less any sums paid out.
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2. To make or cause to be made all decorating, maintenance, alterations and repairs to
said property and to hire and supervise all employees and other labor for the accomplishment of
same.
3. To advertise the property and display signs thereon; to rent and lease the property;
to sign, renew and cancel rental agreements and leases for the property or any part thereof; to
sue and recover for rent and for loss of or damage to any part of the property and/or furnishings
thereof; and, when expedient, to compromise, settle and release any such legal proceedings or
lawsuits.
Liability of Manager
Owner hereby agrees to hold Manager harmless from any and all claims, charges, debts,
demands and lawsuits, including attorney's fees related to his management of the herein-
described property, and from any liability for injury on or about the property which may be
suffered by any employee, tenant or guest upon the property.
Compensation of Manager
Owner agrees to compensate Manager as follows:
Term of Agreement
The term of this Agreement shall commence on the _(8)_ day of ______(9)_______,
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19_(10)_, and end on the _(11)_ day of _____(12)_______, 19_(13)_.
Upon expiration of the above initial term, this Agreement shall automatically be renewed
and extended for a like period of time unless terminated in writing by either party 30 days prior to
the date for such renewal.
This Agreement may also be terminated by mutual agreement of the parties at any time
upon payment to Manager of all fees, commissions and expenses due Manager under terms of
this Agreement.
Extent of Agreement
This document represents the entire Agreement between the parties hereto.
IN WITNESS WHEREOF, the parties hereto hereby execute this Agreement on the date
first above written.
_____________(14)______________
_____________(15)______________
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PROXY
PROXY
BE IT KNOWN, that I, ________(1)________, the undersigned Shareholder of
________(2)_______, a _____(3)_____ corporation, hereby constitute and appoint
__________(4)_________ as my true and lawful attorney and agent for me and in my name,
place and stead, to vote as my proxy at the Meeting of the Shareholders of the said corporation,
to be held on _______(5)________ or any adjournment thereof, for the transaction of any
business which may legally come before the meeting, and for me and in my name, to act as fully
as I could do if personally present; and I herewith revoke any other proxy heretofore given.
WITNESS my hand and seal this _(6)_ day of ____(7)___, 19(8).
____________(9)_________________ _____________(10)______________
____________(9)_________________
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PROMISSORY NOTE (DEMAND)
$ 00,000.00 St. Petersburg, Florida May 23, 1986
For VALUE RECEIVED, the undersigned (jointly andseverally,if more than one) promises to pay to _____________________the principal sum of ___________________________________DOLLARS, ($00,000.00) with interest from dateat the rate of ______ ( ) percent per annum on thebalance from time to time remaining unpaid. The saidprincipal and interest shall be payable in lawful moneyof the United States of America at_________________St. Petersburg, Florida or at such place as may hereafterbe designated by written notice from the holder to themaker hereof, on the date and in the manner following:UPON DEMAND AFTER--------------------.
Maker's Address _____________________________(SEAL)
_____________________________(SEAL)____________________ _____________________________(SEAL)
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PROMISSORY NOTE (IN LIEU OF OPEN ACCOUNT DEBT)
PROMISSORY NOTE [In Lieu of Open Account Debt]
FOR VALUE RECEIVED, the undersigned promise to pay to theorder of _, the sum of _ [$_] Dollars, together with interestthereon at the rate of _% per annum on the unpaid balance. Said principal and interest shall be payable in themanner following: [Describe terms]
_
The undersigned may prepay this note without penalty. Inthe event any payment due hereunder is not paid when due, theentire balance shall be immediately due upon demand of anyholder. Upon default, the undersigned shall pay all reasonableattorney fees and costs necessary for the collection of thisnote. This note is executed to evidence a certain existingindebtedness due the payee from the undersigned relative to acertain open account balance as of this date, and this noteshall not be construed as a separate obligation.
Signed under seal this _ day of _, 19_.
_______________________________
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PROMISSORY NOTE (INSTALLMENT NOTE - SHORT FORM)
PROMISSORY NOTE [Installment Note - Short Form]
FOR VALUE RECEIVED, the undersigned jointly and severallypromise to pay to the order of _, the sum of _ [$_] Dollars,together with interest thereon at the rate of _% per annum onany unpaid balance. Said sum, inclusive of interest, shall be paid in _[monthly/weekly] installments of $_ each, with a first paymentdue _, 19_, and a like amount on the same day of each[month/week] thereafter until the full amount of this note andaccrued interest shall be fully paid. All payments shall befirst applied to accrued interest and the balance toprincipal. The undersigned reserves the right to pre-pay thisnote in whole or in part without penalty. This note shall be fully payable upon demand of anyholder in the event the undersigned shall default in makingany payments due under this note within _ days of its due date. In the event of any default, the undersigned agreed topay all reasonable attorney fees and costs of collection tothe extent permitted by law. This note shall take effect as asealed instrument and be enforced in accordance with the lawsof the payee's state.
Dated: _
________________________________
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PROMISSORY NOTE DEMAND
PROMISSORY NOTE [Demand]
FOR VALUE RECEIVED, the undersigned jointly and severallypromise to pay to the order of _, the sum of _ [$_] Dollars,together with interest of _% per annum on the unpaidbalance. The entire unpaid principal and any accrued interestshall be immediately payable UPON DEMAND of any holder of thisnote. Upon default in making payment within _ days of demand,the undersigned agree to pay all reasonable legal fees andcosts of collection to the extent permitted by state law. Thisnote shall take effect as a sealed instrument and be enforcedin accordance with the laws of the payee's state.
Dated: _
_______________________________
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PROMISSORY NOTE AND DISCLOSURE STATEMENT
PROMISSORY NOTE AND DISCLOSURE STATEMENT [Federal Truth in Lending Act]
Date: _
FOR VALUE RECEIVED, the undersigned jointly and severallypromise to pay to the order of _, the sum of _ [$_] Dollars in[_] consecutive, monthly payments of $_ each, beginning onemonth from date hereof and thereafter on the same date of eachsubsequent month until paid in full. Any unpaid balance maybe paid at any time without penalty and any unearned financecharges will be refunded based on the Rule of 78's. In theevent the undersigned defaults in any payment beyond _ daysfrom the due date, the entire balance may be due at the optionof the holder.
1. Proceeds $_
2. Other charges [itemize] $_
3. Amount financed [1+2] $_
4. Total of payments $_
5. Annual Percentage Rate _%
___________________________________
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PROMISSORY NOTE WITH GUARANTY
PROMISSORY NOTE WITH GUARANTY
Date: _
FOR VALUE RECEIVED, the undersigned jointly and severallypromise to pay to the order of _, the sum of _ [$_] Dollars,with interest thereon at the rate of _% per annum on theunpaid balance. Said sum shall be payable in the manner following:
The undersigned shall have the right to prepay withoutpenalty. In the event any payment due hereunder is not madewhen due, the entire balance shall be immediately due at theoption of any holder. In the event of default, the undersigned agree to pay allreasonable attorney fees and cost of collection. Each maker, surety, guarantor or endorser of this notewaives presentation of payment, notice of non-payment, protestand notice of protest and agrees to all extensions, renewals,or release, discharge or exchange of any other party orcollateral without notice.
__________________________
__________________________
GUARANTY
FOR VALUE RECEIVED, the undersigned do hereby guarantypayment of the above note and agree to remain fully bounduntil fully paid.
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_______________________________
_______________________________
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PROMISSORY NOTE-INSTALLMENT-WITH ACCELERATION CLAUSE
PROMISSORY NOTE INSTALLMENT - WITH ACCELERATION CLAUSE
__________[city, state, date]_____
FOR VALUE RECEIVED, WE, THE UNDERSIGNED, jointly andseverally promise to pay, in lawful money of the UnitedStates of America, to the order of [name of lender] at[address of lender], [amount] ( ) Dollarsin installments as follows:
[amount of payment] on [date], and [number] successive payments of [amount] beginning on [date of payment] together with a delinquency charge on each installment in default for days in an amount equal to percent of such installment but not less than $ .
In the event of default in the payment of any of thesaid installments or said interest when due as hereinprovided, time being of the essence hereof, the holder ofthis note may, without notice or demand, declare the entireprincipal sum then unpaid immediately due and payable.
The holder of this note may, with or without noticeto any of us, cause additional parties to be added hereto,or release any party hereto, or revise, extend, or renewthe note, or extend the time for making any installmentprovided for herein, or accept any installment in advance,all without affecting the liability of us, or any of us,hereon.
If suit be commenced on said note, the parties heretojointly and severally agree to pay to the holder of saidnote a reasonable attorney fee.
The borrower agrees to pay a reasonable collectioncharge should collection be referred to a collectionagency or to the payee`s collection facilities.
The parties hereto, jointly and severally, hereby waivepresentment, demand, protest, notice of dishonor and/orprotest and notice of nonpayment; the right, if any, to thebenefit of, or to direct the application of, any security
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hypothecated to the holder until all indebtedness of theborrower to the holder shall have been paid; the right torequire the holder to proceed against the borrower, or topursue any other remedy in the holder's power; and agreethat the holder may proceed against us directly andindependently of the borrower, and that the cessation ofliability of the borrower for any reason, other thanfull payment, or any revision, renewal, extension,forebearance, change of rate of interest, or acceptance,release or substitution of security, or any impairment orsuspension of the holder's remedies or rights against theborrower, shall not in anywise affect the liability of anyof the parties hereto.
The parties hereto hereby authorize [payee] todate this note as of the day when the loan evidenced herebyis made and to complete this note in any other particularaccording to the terms of the said loan.
It is agreed that if the parties hereto, or any ofthem at any time fail in business or become insolvent, orcommit an act of bankruptcy, or if any deposit account orother property of the parties hereto, or any of them, beattempted to be obtained or held by writ of execution,garnishment, attachment, or other legal process, or if anyassessment for taxes against the parties hereto, or any ofthem, other than taxes on real property, is made by thefederal or state governemt, or any department thereof, orif the parties hereto fail to notify you of any materialchange in their financial condition, then, and in such caseall of the obligations of the parties hereto to you, orheld by you, shall at your option immediately become dueand payable without demand or notice.
Signatures Address_______________________ _______________________________ Borrower_______________________ _______________________________ Co-Maker
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PROMISSORY NOTE-INSTALLMENT
PROMISSORY NOTE - INSTALLMENT
_________________________________[city,state,date] FOR VALUE RECEIVED, we the undersigned, jointly andseverally, promise to pay to the order of [name of lender],[city, state] , the sum of _____________________($ ) Dollars with interest on any unpaid balance from[date] at the rate of percent per annum, andpayable in equal successive monthly installments of Dollars in lawful money of the United Statesof America, commencing on the day of each and everymonth thereafter until paid except the final installmentwhich shall be the balance due on this note. If anyinstallment be not paid when due, the undersigned promiseto pay collection charges of per dollar of each overdueinstallment, or the actual cost of collection, whicheveris greater and the entire amount owing and unpaid hereundershall at the election of the holder hereof forthwith becomedue and payable, and notice of such election is herebywaived. The undersigned promises to pay all reasonableattorney's fees incurred by the holder hereof in enforcingany right or remedy hereunder. All sums remaining unpaidon the agreed or accelerated date of the maturity of thelast installment shall thereafter bear interest at the rateof percent per month. The undersigned authorizes theholder to date and complete this note in accordance with theterms of the loan evidenced hereby, to accept additionalco-makers, to release co-makers, to change or extend datesof payment and to grant indulgences all without notice oraffecting the obligations of the undersigned, and herebywaives; a. Presentment, demand, protest, notice of dishonorand the notice of nonpayment; b. The right, if any, to the benefit, or to directthe application of, any security hypothecated to the holder,until all indebtedness of the maker to the holder, howsoeverarising shall have been paid; c. The right to require the holder to proceed againstthe maker, or to pursue any other remedy in the holder'spower;
And agrees that the holder may proceed against any of theundersigned, directly and independently of the maker andthat the cessation of the liability of the maker for any
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reason other than full payment, or any extension,forbearance, change of rate of interest, acceptance,release, substitution of security, or any impairment orsuspension of the holder's remedies or rights against themaker, shall not in anywise affect the liability of any ofthe undersigned hereunder. All obligations of the makersif more than one, shall be joint and several. _________________________________________ _________________________________________
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PROMISSORY NOTE
PROMISSORY NOTE
$ ________________19__
__________after date (without grace) I promise to pay tothe order of ______________________________________________Net_________________________________________________DOLLARSfor value received with interest of ___________ percent per__________from __________________________ until paid bothprincipal and interest payable only in LAWFUL MONEY OF THEUNITED STATES.
Payable at _____________________________________
No. ________ Due ____________ __________________________ [signature]
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PROMISSORY NOTE - BALLOON
PROMISSORY NOTE - BALLOON _________________,19__ FOR VALUE RECEIVED, I, We, the undersigned ____________, (Borrower) promises to pay to __________________(Lender) the sum of ________________($ ) together with interest thereon at the rate of ______ (____%) percent per annum payable as follows: ______months after the date hereof and from month to month thereafter for ______months until _______, 19__, payments of interest only shall be due and payable in the amount of $________ and a final payment in the amount of $_______. This Note may be prepaid in whole or in part at any time without premium or penalty. All prepayments shall be applied first to interest, then to principal payments in the order of their maturity. The undersigned agrees to pay all costs and expenses, including all reasonable attorneys' fees, for the collection of this Note upon default. All payments shall be made at _________________________________________, or at such other place as the holder hereof may from time to time designate in writing. Each maker, surety, guarantor and endorser of this Note waives presentment, notice and protest, all surety ship defenses and agrees to all extensions, renewals, or releases, discharge or exchange of any other party or collateral without notice. ______________________________ ____________________________ Witness Borrower
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PROMISSORY NOTE - DEMAND
PROMISSORY NOTE - DEMAND Joint and Several Liability FOR VALUE RECEIVED, I, We __________________, the undersigned Borrower, jointly and severally promise to pay to _______________________ Lender or order the sum of ______________ ($____________) Dollars, together with interest thereon at the rate of ________ percent (____%) per annum. The entire unpaid principal and accrued interest thereon, if any, shall become immediately due and payable on demand by the holder hereof. This Note may be prepaid in whole or in part at any time without premium or penalty. All prepayments shall be applied first to interest, then to principal payments in the order of their maturity. The undersigned agrees to pay all costs and expenses, including all reasonable attorneys' fees, for the collection of this Note upon default. All payments shall be made at ________________________________, or at such other place as the holder hereof may from time to time designate in writing. ______________________________ _______________________________ Witness Borrower _______________________________ Dated: Borrower
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PROMISSORY NOTE (FOR OPEN ACCOUNT DEBT)
PROMISSORY NOTE (For Open Account Debt) FOR VALUE RECEIVED, the undersigned promise to pay to the order of __________________________ , the sum of_____________ ($ ) Dollars, together with interest thereon at the rate of __ % per annum on the unpaid balance. Said principal and interest shall be payable as follows: (Describe Terms) The undersigned may prepay this Note in whole or in part without penalty. In the event any payment due hereunder is not paid when due, the entire balance shall be immediately due and payable upon demand of the holder. Upon default, the undersigned shall pay all reasonable attorney fees and costs necessary for the collection of this Note. This Note is executed to evidence an existing indebtedness due the payee from the undersigned on an open account balance as of this date, and this Note shall not be construed as a separate obligation. Signed under seal this _____day of _________, 19__. ____________________________
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PROMISSORY NOTE - INTEREST
PROMISSORY NOTE - INTEREST $ 00,000.00 [CITY/COUNTY] [STATE] [DATE] For VALUE RECEIVED, the undersigned [jointly and severally,if more than one] promises to pay to [NAME] the principal sum of [AMOUNT] DOLLARS, [$00,000.00] with interest from date at the rate of [RATE] percent per annum on the balance from time to time remaining unpaid. The said principal and interest shall be payable in lawful money of the United States of America at [CITY/COUNTY] [STATE] or at such place as may hereafter be designated by written notice from the holder to the maker hereof, on the date and in the manner following: UPON DEMAND AFTER [DATE]. Maker's Address _____________________________(SEAL) _____________________________(SEAL) ____________________ _____________________________(SEAL)
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PROMISSORY NOTE (LONG FORM)
PROMISSORY NOTE (Long Form) FOR VALUE RECEIVED, the undersigned hereby jointly and severally promise to pay to the order of____________________, the sum of______________ ($ ) Dollars,together with interest thereon at the rate of ___ % per annum on the unpaid balance. Said sum shall be paid in the manner following: (Describe terms) All payments shall be first applied to interest and the balance to principal. This Note may be prepaid, at any time, in whole or in part, without penalty. This Note shall at the option of the holder hereof be immediately due and payable upon failure to make any payment due hereunder or for breach of any condition of any security interest, mortgage, pledge agreement or guaranty granted as collateral security for this Note or breach of any condition of any security agreement or mortgage, if any, having a priority over any security agreement or mortgage on collateral granted, in whole or in part, as collateral security for this Note or upon the filing by any of the undersigned of an assignment for the benefit of creditors, bankruptcy, or for relief under any provisions of the Bankruptcy Code; or by suffering an involuntary petition in bankruptcy or receivership not vacated within thirty days. In the event this Note shall be in default, and placed with an attorney for collection, then the undersigned agree to pay all reasonable attorney fees and costs of collection. Payments not made within_____days of due date shall be subject to a late charge of _____% of said payment. All payments hereunder shall be made to such address as may from time to time be designated by any holder hereof. The undersigned and all other parties to this Note, whether as endorsers, guarantors or sureties waive demand, presentment and protest and all notices thereto and further agree to remain bound, notwithstanding any extension, modification, waiver, or other indulgence by any holder or upon the discharge or release of any obligor hereunder or to this Note, or upon the exchange, substitution, or release of any collateral granted as security for this Note. Signed and sealed under penalty of perjury this ___day of _________,
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19__. _______________________ _______________________
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PROMISSORY NOTE - SERIES
PROMISSORY NOTE - SERIES $______________________ ______________,19__ FOR VALUE RECEIVED, I, We ________________ (Borrower) promise to pay to the order of ________________(Lender) the sum of ($ ) Dollars payable at _____________________ with interest at the rate of_________ (___%) percent per annum. This note is No. _____ in a certain series of_____ notes. Should there be a default in the payment of any of the notes, then, at the option of the holder hereof, the remaining notes within the series shall immediately become due and payable. Signed under seal this _____day of _____, 19__. ______________________________ ___________________________ Witness (Borrower)
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PERMISSION TO DISCUSS CONSUMER FILE
TO: [name of consumer agency] Permission is hereby granted for [name of consumer reporting agency] to discuss the information about me contained in their file in the presence of [name of third party] _______________________ [Signature] Permission to Use Copyrighted Material PERMISSION TO USE COPYRIGHTED MATERIAL FOR GOOD CONSIDERATION, the undersigned, as copyright holder, hereby grants permission to _, to reprint, publish and use for world distribution the following material: [Describe or attach] _ This material shall be used only in the following manner or publication: [Define intended use] _ A credit line to acknowledge use of the material is _____ is not _____ [Check one] required. If required, the credit line shall read as follows: _
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Dated: _ _______________________________
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PERMISSION TO USE QUOTE OR PERSONAL STATEMENT
PERMISSION TO USE QUOTE OR PERSONAL STATEMENT FOR GOOD CONSIDERATION, the undersigned irrevocably authorizes _, and its successors and assigns to use, publish or reprint in whole or in part the following statement, picture, endorsement or quotation: [Describe or attach] _ This authorization shall extend only to a certain publication known as _, including all new editions, reprints, advertisements, publicity and promotions thereto of said work. Dated: _ _______________________________
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PEST CONTROL SERVICE AGREEMENT
PEST CONTROL SERVICE AGREEMENT Date:________________ Branch Office:_______________ Account Name: Telephone:______________ Attention: Contact:__________________________ Billing Address: Title:____________________________ City:__________________ Pests to be Controlled:___________ Service Address:_______ _______________________ __________________________________ Service Phone:_________ __________________________________ Office Phone:__________ Problem Areas:____________________ __________________________________ Initial Service Charge ______________________ [name of firm] agrees to Monthly Service Charge provide pest control service in ______________________ accordance with the terms set forth Less % for Full above, once each month, more often Advance Payment_______ if deemed necessary by [name of firm] to effect control of the above Amount remitted_______ pests. The initial term of this contract is for one year and shall 12 MONTH'S AGREEMENT continue on a month-to-month basis THEREAFTER MONTHLY thereafter, until terminated by either party. Customer agrees to ______________________ accept service each month and to make the premises available for Owner Lessee Agent said service. ________________________________ By______________________________
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PHOTO AND RECORDING RELEASE
RELEASE For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby consent to the photographing of myself and the recording of my voice and the use of these photographs and/or recordings singularly or in conjunction with other photographs and/or recordings for advertising, publicity, commercial or other business purposes. I understand that the term "photograph" as used herein encompasses both still photographs and motion picture footage. I further consent to the reproduction and/or authorization by ___________________to reproduce and use said photographs and recordings of my voice, for use in all domestic and foreign markets. Further, I understand that others, with or without the consent of ________________ may use and/or reproduce such photographs and recordings. I hereby release _____________________, and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees from all claims of every kind on account of such use. ________________________ [Signature]
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PLEDGE OF PERSONAL PROPERTY AS COLLATERAL SECURITY
PLEDGE OF PERSONAL PROPERTY FOR VALUE RECEIVED, the undersigned hereby deposits and pledges with _, [Pledgee] as collateral security to secure the payment of: [Describe debt] _ The following personal property [collateral] described as: _ It is understood and agreed that: 1. Pledgee may assign or transfer said debt and the pledged collateral hereunder. 2. Pledgee shall have no liability for loss, destruction or casualty to the collateral unless caused by his own negligence. 3. The undersigned shall pay any and all insurance it elects to maintain on the pledged collateral and any personal property, excise or other tax or levy. 4. The undersigned warrants that it has good title to the pledged collateral, authority to pledge same and that it is free of any adverse lien, encumbrance or claim. 5. In the event of default of payment of the debt or breach of this pledge agreement, the Pledgee or holder shall have full rights to foreclose on the pledged collateral and exercise its rights as a secured party pursuant to Article 9 of the Uniform Commercial Code; said rights being cumulative with any other rights the Pledgee may have against the undersigned. Signed under seal this _ day of _, 19_. ______________________________
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PLEDGE OF SHARES OF STOCK AS COLLATERAL SECURITY
PLEDGE OF SHARES OF STOCK FOR VALUE RECEIVED, the undersigned hereby deposits and pledges with _ [Pledgee] as collateral security to secure the payment of: [Describe debt] _ The following shares of stock, described as [_] shares of stock of _ [Corporation] being stock certificate no. _. It is understood and agreed: 1. Pledgee may assign or transfer said debt and the stock collateral pledged hereunder. 2. In the event there shall be stock dividend or further issue of stock in the Corporation to the undersigned, the undersigned shall pledge said shares as additional collateral for the debt. 3. That during the pendency of this pledge agreement, the undersigned shall have full rights to vote said shares and be entitled to all dividend income. 4. That during the pendency of this agreement, the undersigned shall not issue any proxy or assignment of rights to the pledged shares. 5. The undersigned warrants and represents it has good title to the shares being pledged, they are free from other liens and encumbrances, and the undersigned has full authority to transfer said shares as collateral security. 6. In the event of default of payment of the debt, or breach of this pledge agreement, the Pledgee or holder shall have full rights to foreclose on the pledged shares and excercise its rights as a secured party pursuant to Article 9 of the Uniform Commercial Code; said rights being cumulative with any other rights the Pledgee may have against the undersigned. Signed under seal this _ day of _, 19_.
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________________________________
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POWER OF ATTORNEY
POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: [individual] , hereinafter referred to as PRINCIPAL, in the County of ___________ State of __________ , do(es) appoint [individual] his (her) true and lawful attorney. In principal's name, and for principal's use and benefit, said attorney is authorized hereby; (1) To demand, sue for, collect, and receive all money, debts, accounts, legacies, bequests, interest, dividends, annuities, and demands as are now or shall hereafter become due, payable, or belonging to principal, and take all lawful means, for the recovery thereof and to compromise the same and give discharges for the same; (2) To buy and sell land, make contracts of every kind relative to land, any interest therein or the possession thereof, and to take possession and exercise control over the use thereof; (3) To buy, sell, mortgage, hypothecate, assign, transfer, and in any manner deal with goods, wares and merchandise, choses in action, certificates or shares of capital stock, and other property in possession or in action, and to make, do, and transact all and every kind of business of whatever nature; (4) To execute, acknoweledge, and deliver contracts of sale, escrow instructions, deeds, leases including leases for minerals and hydrocarbon substances and assignments of leases, covenants, agreements and assignments of agreements, mortgages and assignments of mortgages, conveyances in trust, to secure indebtedness or other obligations, and assign the beneficial interest thereunder, subordinations of liens or encumbrances, bills of lading, receipts, evidences of debt, releases, bonds, notes, bills, requests to reconvey deeds of trust, partial or full judgments, satisfactions of mortgages, and other debts, and other written instruments of whatever kind and nature, all upon such terms and conditions as said attorney shall approve.
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Giving and granting to said attorney full power and authority to do all and every act and thing whatsoever requisite and necessary to be done relative to any of the foregoing as fully to all intents and purposes as principal might or could do if personally present. All that said attorney shall lawfully do or cause to be done under the authority of this power of attorney is expressly approved. Dated: ____________ /s/__________________
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QUIT-CLAIM DEED
QUIT-CLAIM DEED
THIS INDENTURE, made this _(1)_ day of ________(2)________, 19_(3)_, by and
between ___________(4)_______________ of ______________(5)___________________,
hereinafter referred to as the party of the first part and ______________(6)______________ of
______________(7)___________________, hereinafter referred to as the party of the second
part,
WITNESSETH, that the said party of the first part, for and in consideration of One Dollar
($1.00) in hand paid by the said party of the second part, and for other good and valuable
consideration, the receipt whereof is hereby acknowledged, has remised, released and quit-
claimed and by these presents does remise, release and quit-claim unto the said party of the
second part, and its heirs and assigns, forever, all the right, title, interest, claim and demand
which the said party of the first part has in and to the following described lot, piece or parcel of
land to with:
(INSERT LEGAL DESCRIPTION)
TO HAVE AND TO HOLD THE SAME, together with all and singular, the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim
whatsoever of the said party of the first part, either in law or equity, to the only proper use,
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benefit and belief of the said party of the second part its heirs and assigns, forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
Signed, sealed and delivered in the presence of:
__________(8)_________________ ___________(9)__________(SEAL)
__________(8)_________________
STATE OF ______(10)_______ :
:
COUNTY OF _____(11)_______ :
THE FOREGOING INSTRUMENT was acknowledged before me this _(12)_ day of
_____(13)_____, 19_(14)_, by _______(15)_________.
____________(16)_______________
My Commission Expires: ________(17)__________
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RATIFICATION OF MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS
RATIFICATION OF MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS
I, the undersigned shareholder of the Corporation, do hereby ratify, approve and
confirm all that has occurred at the foregoing meeting, the minutes of which have been read, and
in signification of such approval, ratification and confirmation, and of my assent to any and all
acts at said meeting, do hereby sign on the date below written.
DATED: ________(1)_________, 19_(2)_
______________(3)______________
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RATIFICATION OF THE MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS
RATIFICATION OF MINUTES OF THE
ANNUAL MEETING OF THE BOARD OF DIRECTORS
I, the undersigned member of the Board of Directors of the Corporation, do hereby ratify,
approve and confirm all that has occurred at the foregoing meeting, the minutes of which I have
read, and in signification of such approval, ratification and confirmation, and of my assent to any
and all acts at said meeting, do hereby sign on the date below written.
DATED: ________(1)_________, 19_(2)_
______________(3)______________
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RATIFICATION OF MINUTES OF THE FIRST MEETING OF SHAREHOLDERS
RATIFICATION OF MINUTES OF THE FIRST MEETING OF SHAREHOLDERS
I, the undersigned shareholder of the Corporation, do hereby ratify, approve and confirm
all that has occurred at the foregoing meeting, the minutes of which have been read, and in
signification of such approval, ratification and confirmation, and of my assent to any and all acts
at said meeting, do hereby sign on the date below written.
DATED: ________(1)_________, 19_(2)_
______________(3)______________
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RATIFICATION OF MINUTES OF THE FIRST MEETING OF THE BOARD OF DIRECTORS
RATIFICATION OF MINUTES OF THE FIRST
MEETING OF THE BOARD OF DIRECTORS
I, the undersigned member of the Board of Directors of the Corporation, do hereby ratify,
approve and confirm all that has occurred at the foregoing meeting, the minutes of which I have
read, and in signification of such approval, ratification and confirmation, and of my assent to any
and all acts at said meeting, do hereby sign on the date below written.
DATED: ________(1)_________, 19_(2)_
______________(3)______________
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REAL ESTATE SALESMAN INDEPENDENT CONTRACTOR AGREEMENT
REAL ESTATE SALESMAN INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT made and entered into this _(1)_ day of _______(2)________,
19_(3)_, by and between _______(4)__________, of ____________(5)________________,
(hereinafter referred to as "Broker"), and _________(6)___________ of
________(7)___________, (hereinafter referred to as "Salesman"). The Parties recite that:
A. Broker is duly registered and licensed with the State of _______(8)_________ as a
real estate broker whose license expires __________(9)____________.
B. Salesman is duly registered and licensed with the State of _______(10)________ as a
real estate salesman whose license expires __________(11)___________.
In consideration of the mutual covenants set forth below, the parties agree as follows:
1. STATEMENT OF EMPLOYMENT
Effective as of the date of this Agreement, Broker employs Salesman as a real estate
salesman.
2. DUTIES OF SALESMAN
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Salesman will carry on the customary activities of a real estate salesman, including, but
not necessarily limited to, the showing of parcels of real estate on which Broker has listings, the
sale of such property in accordance with the terms of the listings, the solicitation of new listings,
and such other services pertaining to the real estate business as Broker may require of him.
Salesman shall devote his entire time and attention to such duties and shall use his best efforts
with regard to all of such duties.
3. COMMISSIONS ON SALES
Broker shall pay to Salesman a commission equal to _(12)_ percent of the total
commission received by Broker, on sales made by Salesman and completed during the effective
period of this Agreement. Furthermore, during the effective period of this Agreement, Broker will
advance to Salesman against commissions to be earned the sum of ____(13)____ DOLLARS
($_______) per month, provided that Salesman may elect to draw commissions as earned.
4. DURATION OF AGREEMENT; TERMINATION
The term of this Agreement shall be for _(16)_ years, commencing on the date of this
Agreement. Either party may terminate this Agreement by sixty (60) days' written notice to the
other party. If, on termination of this Agreement, Broker has advanced to Salesman against
commissions to be earned a sum of commissions actually earned by Salesman, Salesman will
promptly refund the amount of the excess advances.
5. ACCESS TO LISTINGS AND OTHER INFORMATION
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Broker will give Salesman access to its confidential files pertaining to listings of property,
prospects for the sale of such property, and other related matters. Broker shall also furnish
Salesman personal contacts with persons interested in selling or buying such property, and shall
generally aid Salesman in every way possible with respect to such sales and Salesman's duties
hereunder.
6. LOYALTY TO BROKER'S INTEREST
Salesman will not during the term of this Agreement be engaged in any other business
activity, whether or not pursued for gain, profit, or other pecuniary advantage, provided,
however, that Salesman may invest his assets in such form or manner as will not require his
expenditure of any undue amount of time.
7. NONDISCLOSURE OF TRADE SECRETS
Salesman recognizes and acknowledges that the information that will be furnished to
him concerning Broker's customers, listings, holdings, investments, transactions, and other
confidential matters constitutes a valuable, special, and unique asset and trade secret of Broker's
business. Accordingly, Salesman will not, during or after the term of his employment hereunder,
disclose any such information or any part thereof to any person, firm, corporation, association, or
other entity for any reason or purpose whatsoever.
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8. WRITTEN CONTRACT AS CONSTITUTING ENTIRE AGREEMENT
This Agreement constitutes the entire contract and agreement between parties, and
there are no verbal understandings or other agreements of any nature with respect to the subject
matter hereof except those contained in this Agreement.
9. BINDING EFFECT
This Agreement shall be binding upon and inure to the benefit of the respective heirs,
successors and assigns of the parties hereto.
10. GOVERNING LAW
This Agreement shall be governed, interpreted and construed by, through and under the
laws of the state of ______(14)_______.
11. ATTORNEYS' FEES
In the event of any legal or equitable action, including any appeals, which may arise
hereunder between or among the parties hereto, the prevailing party shall be entitled to recover
a reasonable attorneys' fee. Attorneys' fees shall also include hourly charges for paralegals, law
clerks and other staff members operating under the supervision of an attorney.
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12. SEVERANCE
The invalidity or unenforceability of any portion of this Agreement shall not affect the
remaining provisions and portions hereof.
13. HEADINGS
The paragraph headings contained herein are for convenience of reference only and are
not to be used in the construction or interpretation hereof.
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed
on the date first above written.
WITNESSES:
"BROKER"
___________(15)______________ ____________(16)______________
___________(15)_____________
"SALESMAN"
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___________(15)___________ ____________(17)_____________
___________(15)___________
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RECEIPT FOR NON-REFUNDABLE DEPOSIT
RECEIPT FOR NON-REFUNDABLE DEPOSIT
Received of ________(1)___________, hereinafter referred to as "Buyer", the sum of
_____(2)___ ($_______) as NON-REFUNDABLE DEPOSIT toward the purchase of
________(3)________ to be sold to Buyer by ________(4)_________, hereinafter referred to as
"Seller", owner of said property, on or before the _(5)_ day of ______(6)________, 19_(7)_, for a
total price of ($____(8)_____), this NON-REFUNDABLE DEPOSIT being a part thereof.
Buyer understands, acknowledges and agrees that if he fails to pay to Seller the
remaining $___(9)___ due by the above date, said NON-REFUNDABLE DEPOSIT shall be
forfeited.
Seller hereby agrees in consideration of payment of said NON-REFUNDABLE DEPOSIT
to withdraw said vehicle from the market until the above date and to transfer title to said vehicle
to Buyer upon receipt of the remaining amount due.
_____________(10)______________
_____________(11)______________
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RENT RECEIPT
RENT RECEIPT
Date: ________(1)_________
TO: (Insert Name and Address of Tenant)
Received from ________(2)_________ the sum of $___(3)____, which is rent for the
period of ________(4)__________ for the premises described above.
LANDLORD
____________(5)________________
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RENTAL APPLICATION
RENTAL APPLICATION
Date: _______(1)__________
Application is hereby made to rent premises generally described as
______________________(2)___________________________ for a term of __(3)__ and ending
the _(4)_ day of _____(5)______, 19_(6)_, for which monthly rental shall be $____(7)____,
payable in advance, and for which a security deposit of $____(8)____ shall be due prior to
occupancy of the above-described premises.
A deposit of $___(9)___ is made herewith on account of the first month's rent, with the
understanding that if this application is accepted and the applicant fails to execute a lease before
the beginning date specified above, or to pay the balance due as first month's rent, said payment
will be forfeited as liquidated damages.
It is also understood that if this application is not accepted, or if the premises are not
ready for occupancy by the applicant on the date specified above, said deposit shall be refunded
to the applicant forthwith, upon applicant's request.
APPLICANT
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Name: __________________________________(10)___________________________________
Present Address: ___________________(11)_____________________ How Long? ____(12)___
Previous Address: __________________(13)______________________ How Long? ___(14)___
Married: ____(15)____ Spouse's Name: ______________________(16)____________________
Children? _______(17)_______ How Many? _______(18)_______ Ages? ________(19)_______
Pets? _______(20)_______ What Kind? ________(21)_________ How Many? ______(22)_____
YOUR EMPLOYMENT
Employer: _______________________________(23)___________________________________
Employer Address: ________________________(24)___________________________________
Supervisor: ____________(25)______________ Bus. Phone: ____________(26)_____________
How Long on Present Job? __________(27)____________ Annual Income: ______(28)_______
SPOUSE'S EMPLOYMENT
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Employer: _______________________________(29)___________________________________
Employer Address: ________________________(30)___________________________________
Supervisor: _____________(31)_____________ Bus. Phone: ____________(32)_____________
How Long on Present Job? ________(33)_________ Annual Income: ________(34)__________
REFERENCES
Bank: _________________(35)___________________ Phone: ___________(36)____________
Personal Reference: _________(37)_______________ Phone: ___________(38)____________
Credit Reference: ____________(39)______________ Phone: ____________(40)____________
Credit Reference: ____________(41)______________ Phone: ____________(42)____________
______________(43)_____________
The information provided herein may be used by the landlord or his agent to determine
whether to accept this application. Upon written request within 30 days, the landlord or his agent
will disclose to applicant in writing the nature and scope of any investigation landlord has
requested, and will, if this application is refused, state in writing the reason for said refusal.
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Accepted ________ Refused ________
]
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RESOLUTION - ACCEPTANCE OF OFFER TO EXCHANGE REALTY FOR SHARES OF CORPORATION
RESOLUTION - ACCEPTANCE OF OFFER TO EXCHANGE
REALTY FOR SHARES OF CORPORATION
Whereas, __________(1)____________, the owner of certain real estate situated at
__________(2)___________ in the City of ______(3)________, County of
________(4)____________, State of ________(5)___________, has offered to sell to the
_____(6)______ Corporation (hereinafter sometimes referred to as the "Corporation"), the real
estate, as more particularly described in the offer attached hereto, for the issuance to him of
__(7)__ percent of the authorized stock of the Corporation, fully paid and nonassessable; and
Whereas, the previously described real estate is valuable for the use and lawful purpose
of the Corporation;
Now, therefore, be it resolved that the board of directors of the Corporation accept the
offer and agree, on receipt of the deed transferring the real estate to the Corporation, to issue all
authorized stock of the Corporation, fully paid and nonassessable, in full payment thereof.
By the Board of Directors, this resolution is adopted ________(8)______________.
_____________(9)_______________
Chairman, Board of Directors
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RESOLUTION - AUTHORIZATION FOR ISSUANCE OF SHARES OF A CORP IN EXCHANGE FOR REALTY
RESOLUTION - AUTHORIZATION FOR ISSUANCE OF
SHARES OF CORPORATION IN EXCHANGE FOR REALTY
Whereas, at a meeting of the board of directors of the __________(1)____________
Corporation (hereinafter sometimes referred to as the "Corporation"), it was resolved that the
Corporation accept the offer of _________(2)________ attached hereto, and issue __(3)__
percent of the authorized capital stock of the Corporation, fully paid and nonassessable; and
Whereas, _________(4)___________, as the sole owner of the real estate situated in the
City of ________(5)__________, County of ___________(6)____________, State of
______(7)________, has offered to sell to the Corporation the real estate, as more fully
described in the offer attached hereto, in return for __(8)___ percent of the authorized stock of
this corporation; and
Whereas, the real estate is valuable for the use and lawful purposes of the Corporation;
Now, therefore, be it resolved that the offer made by _______(9)_______ to the
Corporation is accepted. Resolved further that the secretary of the Corporation shall
promptly deliver to the offeror, a certified copy of the minutes of this meeting.
Resolved further that the president of the Corporation execute and deliver to the offeror,
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_(10)_ certificates of stock for _(11)_ shares of the Corporation, which shares shall constitute
__(12)__ percent of the authorized capital stock of the Corporation fully paid and nonassessable,
on receipt from the offeror, of a warranty deed transferring the real estate to the Corporation.
Resolved further, that all prorations and adjustments for items including, but not limited
to, taxes, interest, insurance and rents, shall be made as of the date of the transfer according to
the local custom in the real estate industry.
By the Board of Directors, this Resolution is adopted this ______(13)______.
____________(14)______________
Chairman, Board of Directors
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RETAINER
RETAINER
STATE OF _________(1)________)
COUNTY OF ________(2)________)
KNOW YE ALL MEN BY THESE PRESENTS,
This Agreement is made and entered into this _(3)_ day of ________(4)________,
19_(5)_, by and between ________(6)_________, of ___________(7)____________, hereinafter
called the "Attorney", and __________(8)__________, of ____________(9)______________,
hereinafter called the "Client".
Client hereby retains and employs Attorney to:
(Describe Services to be Provided)
Attorney shall charge for his services at the rate of $_(10)_ per hour for time actually
devoted to the service of Client. Client agrees to pay Attorney each month for services
rendered during the preceding month, together with reimbursement for all expenses pertaining
thereto.
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In consideration for said payment, Attorney agrees to perform to the best of his abilities
and to exhibit due diligence in the conduct of said services.
In the event legal action is required to enforce any provision of this Agreement, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
_____________(11)______________
_____________(12)______________
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REVOCATION OF ELECTION UNDER IRS S-CORPORATION CLASSIFICATION
TO: District Director
Internal Revenue Service
__________(1)____________
REVOCATION OF ELECTION UNDER
INTERNAL REVENUE CODE SECTION 1362
Notice is hereby given, pursuant to Section 1362 of the Internal Revenue Code, that
___________(2)_____________, a ______(3)_______ corporation with offices at
__________(4)______, hereby revokes its S corporation election, filed with you on
_______(5)_________, 19__(6)_. The first taxable year for which this revocation is intended to
be effective is the taxable year commencing _______(7)__________, 19_(8)_.
Dated ___________(9)______________, 19_(10)_.
____________(11)_______________
BY:____________(12)____________ as
President of the corporation
SHAREHOLDERS' CONSENT TO REVOCATION OF ELECTION
We, the undersigned, being more than one-half of the shareholders of
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__________(13)________ at the beginning of the day on which the revocation of S Corporation
election to which this consent is attached was filed with the District Director of Internal Revenue
at ________(14)___________, hereby consent to such revocation.
Dated _________(15)___________, 19_(16)_.
Number of
Name and Address Shares Owned Signature
________(17)_________ ____(18)____ _____(19)_____
________(20)_________ ____(21)____ _____(22)_____
________(23)_________ ____(24)____ _____(25)______
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REVOCATION OF TRUST
REVOCATION OF TRUST
This Revocation of Trust is made this _(1)_ day of ________(2)________, 19_(3)_.
WHEREAS, on the _(4)_ day of ________(2)________, 19_(3)_, I created by written
declaration of a revocable trust a copy of which is attached hereto, and having reserved the right
to revoke, annual and cancel said trust and the declaration creating it, I do now hereby revoke
said trust, with all of the principal thereof reverting absolutely to me, with all right and title
thereto. I further declare the Trustee of said trust free and discharged from all further
responsibility for the administration and management of said trust and the principal thereof.
____________(7)_________________ ____________(8)_______________
Trustor
____________(7)_________________
STATE OF ________(9)___________)
) ss:
COUNTY OF _______(10)___________)
On this _(11)_ day of _______(12)________, 19_(13)_, before me personally came and
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appeared _________(14)___________, known, and known to me, to be the individuals described
in and who executed the foregoing instrument, and who duly acknowledged to me that they
executed same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my
hand and official seal.
_____________(15)______________
My Commission Expires: _________(16)___________
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SALE OF MOTOR VEHICLE
SALE OF MOTOR VEHICLE
For value received, the undersigned seller, ____________(1)___________, sells and
transfers to ____________(2)___________, buyer, the vehicle described therein.
Seller warrants that:
(1) seller is the sole owner of the vehicle;
(2) such vehicle is free of all encumbrances, security interests, and other defenses
against seller;
(3) the cash price does not exceed a reasonable retail price at the time of sale;
(4) the vehicle has been delivered to and accepted by buyer;
(5) buyer was of legal age and legally competent to execute the contract on the date
thereof;
(6) all disclosures to buyer and other matters in connection with such transaction, are in
all respects as required by, and in accordance with, all applicable laws and regulations governing
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them.
Dated: ____________(3)______________
__________(4)_____________ Seller
___________(5)____________ Buyer
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SHAREHOLDERS AGREEMENT
SHAREHOLDERS AGREEMENT
THIS AGREEMENT made this _(1)_ day of _____(2)______, 19_(3), by and between
_______(4)________, hereinafter "Shareholders" of ________(5)___________, hereinafter
"Corporation".
W I T N E S S E T H:
WHEREAS, the parties believe it is in their best interest to unanimously agree to terms
below related to the operation, management and control of the Corporation in order to achieve
harmonious balance and direction.
NOW THEREFORE, the parties agree to the following:
1. The Shareholders agree to maintain "S" status of the Corporation for federal tax
purposes throughout a period of five (5) years from the date hereof unless seventy-five percent
(75%) of outstanding stock of the Corporation is voted in such a manner as to consent to the
revocation of such status.
2. The parties hereto agree to execute a Buy-Sell Agreement between and mutually
acceptable by the parties.
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3. For a period of five (5) years from the date of this Agreement, the Shareholders as Directors
shall, unless one is either no longer a Shareholder, or unable or unwilling to perform, vote for the
following officers:
____________(6)____________ President
____________(7)____________ Vice President/Treasurer
____________(8)____________ Secretary
4. Restrictive Endorsements shall be set forth on all the stock certificates for the
Corporation which shall set forth that such stock is subject to the Buy-Sell Agreement terms as
well as to the voting restrictions contained herein.
5. The Corporation shall do its banking business at ________(9)________ or at such
bank or banks as determined in the sole discretion of the Directors. The signature of any one
officer of the Corporation shall be sufficient for checks or drafts up to the amount of One
Thousand Dollars ($1,000.00). The joint signature of either ______(10)______ or
_______(11)_____ as one party, and _______(12)________ as the other party will be necessary
for any check over the amount of One Thousand Dollars ($1,000.00).
6. The Shareholders consent that upon the occurrence of a situation whereby the
operating capital of the Corporation is not sufficient to meet operating expenses and upon a
majority vote by the Shareholders each Shareholder shall make the required contribution as to
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such total request within thirty (30) days of request of a Shareholder in the proportion of their
stock ownership interest in the Corporation. Failure to make such contribution within said thirty
(30) days will result in the then remaining Shareholders having the right to purchase the prorata
share of the stock held by the Shareholder who has failed to make his capital contribution by
purchasing the capital contribution together with interest at prime (as determined by Chase
Manhattan Bank) plus one percent (1%).
7. The parties hereto agree that the Corporation shall lease certain real property for its
corporate purposes.
8. The Corporation shall utilize the accrual method of accounting with a year ending in
December of any given year.
9. Corporate books shall be kept in the offices of the Corporation unless the
Shareholders agree otherwise. The books are to be maintained under generally accepted
accounting standards with sufficient controls and audit trail necessary for easy outside review. A
monthly financial operating statement shall be sent to each Shareholder not later than seven (7)
working days after the last day of the previous month. Such financial report shall include current
month and year to date results of operation and balance sheet information. Furthermore, at the
request of any Shareholder, the parties agree to an annual financial review for a previous year of
business. Any such annual review shall be performed by someone other than the CPA who is
utilized for day to day operations by the Corporation.
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10. For transactions involving up to and including the amount of One Thousand Dollars
($1,000.00), any officer of the Corporation is authorized to enter into in the future any and all
contracts and leases for the improvements, purchase, maintenance, sale, lease or other
disposition of corporate property in the form customary for such agreements. Furthermore, to
the extent of the above stated limit an officer may borrow money on behalf of the Corporation at
commercially reasonable terms. Any transaction of whatever kind, over and above the amount
of One Thousand Dollars ($1,000.00) shall be agreed to in writing prior to the binding the
Corporation to the same by Shareholders holding a minimum of seventy-five percent (75%) of
the outstanding shares of the Corporation. Furthermore, each Director must sign each
agreement, lease, contract or other document in which any corporate obligation is created to
signify their consent to approving the same.
11. The Shareholders hereof shall be respectively entitled to reimbursement from the
Corporation for all personal out-of-pocket direct costs, including on-site costs incurred by them in
furthermore of the Corporation's business. Such Shareholders shall furnish written receipts
relative to the same upon request. It is expressly understood that no cost over and above One
Thousand Dollars ($1,000.00) shall be incurred without the written consent of the Shareholders
holding a minimum of seventy-five (75%) of the outstanding shares of the Corporation.
12. The parties hereto agree to execute any and all necessary documents required to
carry out the terms of this Agreement.
13. This Agreement shall be binding upon, and inure to the benefit of the parties thereto,
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their legal representatives, successors and assigns. However, no assignment shall be made of
the rights hereunder without the prior written consent of the other parties.
14. This Agreement shall be governed by and construed in accordance with the laws of
the State of _____(13)_____.
15. This Agreement embodies and constitutes the entire understanding between the
parties with respect to the transactions contemplated herein. All prior or contemporaneous
agreements, understandings, representations, oral or written, are merged into this Agreement.
Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged
or terminated except by an instrument in writing signed by the party against which the
enforcement of such waiver, modification, amendment, discharge or termination is sought and
then only to the extent set forth in such instrument.
16. In the event a party to this Agreement must employ an attorney to enforce the
provisions hereof or to secure performance by a defaulting party under the terms herein stated,
the prevailing party in litigation arising therefrom shall be entitled to an award of its reasonable
attorney's fees both on trial and the appellate level incurred in enforcing this Agreement and/or
securing performance of the terms herein stated.
17. This Agreement shall have an initial term of five (5) years and shall be renewed for
additional five (5) year terms automatically and perpetually thereafter unless a Shareholder
decides to terminate the same within sixty (60) days of the end of a term, whereupon such
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Shareholder shall be deemed to have offered his stock under the Buy-Sell Agreement described
above as amended. This Agreement shall terminate upon the earlier of the following:
a. Dissolution of the Corporation;
b. Mutual agreement of the parties hereto;
c. Bankruptcy of the Corporation or of any Shareholder.
18. All notices that the parties hereto may desire or be required to give hereunder shall
be deemed to have been properly given and shall be effective when and if sent by U.S. regular
mail, postage prepaid, U.S. certified mail and/or by personal delivery or by courier, addressed to
the following:
NAME ADDRESS
_________(14)_______________ ____________(15)______________
_________(16)_______________ ____________(17)______________
_________(18)_______________ ____________(19)______________
This Agreement has been entered into on the date set forth above.
___________(20)_______________
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Shareholder
___________(21)_______________
Shareholder
___________(22)_______________
Shareholder
Acceptance, ratification and acknowledgment of the above terms:
___________(23)_______________
Director
___________(24)_______________
Director
___________(25)_______________
Director
ATTEST: ________(26)_________
Secretary
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S CORPORATION - SHAREHOLDER'S CONSENT TO INITIAL ELECTION
S CORPORATION - SHAREHOLDER'S CONSENT TO INITIAL ELECTION
The undersigned, being a shareholder of __________(1)____________, a
_____(2)_______ corporation, hereby consents to the election of that corporation, made on
Internal Revenue Service Form 2553 to which this statement is attached, to be treated as a
small business corporation under Section 1362(a) of the Internal Revenue Code of 1954.
The name and address of the corporation are: _______(3)_________,
________(4)________. The corporation's tax-payer identification number is:
______(5)________.
The undersigned shareholder's name and address and tax-payer identification number
are as follows:
Name and Address Taxpayer Identification No.
__________(6)____________ ___________(9)___________
__________(7)____________
__________(8)____________
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The number of shares owned by the undersigned shareholder, and the date or dates
when the undersigned shareholder acquired those shares, are as follows:
Number of Shares Date(s) Acquired
__(10)___ _________(11)__________
__(12)___ _________(13)__________
Dated ______(14)______________
____________(15)_______________
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SPECIAL POWER OF ATTORNEY FOR MEDICAL AUTHORIZATION
SPECIAL POWER OF ATTORNEY FOR MEDICAL AUTHORIZATION
I, ___________(1)___________, of __________(2)_________, hereby appoint
______________(3)________________ of ___________(4)_______________, as my attorney in
fact to act in my capacity to do any and all of the following:
1. Make any and all decisions and authorize all procedures that _____(5)____ may deem
necessary regarding the medical treatment of my children, _____(6)_____ and/or
______(7)______.
The rights, powers, and authority of my attorney in fact to exercise any and all of the
rights and powers herein granted shall commence and be in full force and effect and shall remain
in full force and effect until ___________(8)_______________ or unless specifically extended or
rescinded earlier by either party.
Dated ___________(9)______________, 19_(10)_.
____________(11)______________
STATE OF _______(12)____________
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COUNTY OF ______(13)____________
BEFORE ME, the undersigned authority, on this _(14)_ day of _______(15)________,
19_(16)_, personally appeared ___________(17)___________ to me well known to be the
person described in and who signed the Foregoing, and acknowledged to me that he executed
the same freely and voluntarily for the uses and purposes therein expressed.
WITNESS my hand and official seal the date aforesaid.
__________(18)_________________
NOTARY PUBLIC
My Commission Expires:__(19)___
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SPECIAL POWER OF ATTORNEY
SPECIAL POWER OF ATTORNEY
I, ___________(1)___________, of __________(2)_________, hereby appoint
______________(3)________________ of ___________(4)_______________, as my attorney in
fact to act in my capacity to do any and all of the following:
(DESCRIBE THE EXTENT OF AUTHORITY YOU ARE GIVING TO YOUR ATTORNEY-
IN-FACT)
The rights, powers, and authority of my attorney in fact to exercise any and all of the
rights and powers herein granted shall commence and be in full force and effect on
____________(5)_______, 19__(6)_, and shall remain in full force and effect until
___________(7)_______________ or unless specifically extended or rescinded earlier by either
party.
Dated ___________(8)______________, 19__(9)_.
____________(10)______________
STATE OF _______(11)____________
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COUNTY OF ______(12)____________
BEFORE ME, the undersigned authority, on this _(13)_ day of _______(14)________,
19_(15)_, personally appeared ___________(16)___________ to me well known to be the
person described in and who signed the Foregoing, and acknowledged to me that he executed
the same freely and voluntarily for the uses and purposes therein expressed.
WITNESS my hand and official seal the date aforesaid.
_________(17)___________________
NOTARY PUBLIC
My Commission Expires:__(18)____
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LEGAL FORMS KIT 2
SPECIAL WARRANTY DEED
SPECIAL WARRANTY DEED
THIS INDENTURE, made the _(1)_ day of _____(2)_____, 19_(3)_, between
________(4)_________ of the County of ___(5)____, State of ____(6)____, hereinafter called
"Grantor," and _____(7)______, whose address is ________(8)_________, of the County of
___(9)__, State of ___(10)____, hereinafter called "Grantee" (the terms "Grantor" and "Grantee"
are used for the singular and plural, as the context demands).
WITNESSETH that: Grantor, for and in consideration of Ten Dollars ($10.00) and other
good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold and by these presents does
grant, bargain and sell unto the said Grantee, and Grantee's heirs and assigns forever, land
situate, lying and being in ___(11)___ County, _____(12)____ and more particularly described as
follows:
(Insert Legal Description)
TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights,
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining,
to the only proper use, benefit and behalf of the said Grantee forever in FEE SIMPLE.
This conveyance and the warranties contained herein are hereby expressly made subject
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to those matters set forth on Exhibit "B" attached hereto and made a part hereof.
AND THE SAID Grantor will only warrant and forever defend the right and title to the
above described property unto the said Grantee against the claims of those persons claiming by,
through or under Grantor, but not otherwise.
IN WITNESS WHEREOF, the Grantor has signed, sealed and delivered this Deed, the
day and year above written.
WITNESSES:
_________(13)___________ ____________(14)_______________
Seller
_________(13)___________
STATE OF ____(15)_______:
:
COUNTY OF ___(16)_______:
THE FOREGOING INSTRUMENT was acknowledged before me this _(17)_ day of
______(18)_____, 19_(19), by ________(20)_______.
____________(21)______________
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Notary Public
My Commission Expires: ________(22)________
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LEGAL FORMS KIT 2
STOCK PURCHASE AGREEMENT
STOCK PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this _(1)_ day of ________(2)_______,
19_(3)_, by and between _________(4)_________, (hereinafter referred to as "Seller") and
________(5)___________, (hereinafter referred to as "Purchaser");
W I T N E S S E T H:
WHEREAS, the Seller is the record owner and holder of the issued and outstanding
shares of the capital stock of ____(6)____, (hereinafter referred to as the "Corporation"), a
___(7)___ corporation, which Corporation has issued capital stock of _(8)_ shares of $___(9)___
par value common stock, and
WHEREAS, the Purchaser desires to purchase said stock and the Seller desires to sell
said stock, upon the terms and subject to the conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained in this Agreement, and in order to consummate the purchase and the sale of the
Corporation's Stock aforementioned, it is hereby agreed as follows:
1. PURCHASE AND SALE:
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Subject to the terms and conditions hereinafter set forth, at the closing of the transaction
contemplated hereby, the Seller shall sell, convey, transfer, and deliver to the Purchaser
certificates representing such stock, and the Purchaser shall purchase from the Seller the
Corporation's Stock in consideration of the purchase price set forth in this Agreement. The
certificates representing the Corporation's Stock shall be duly endorsed for transfer or
accompanied by appropriate stock transfer powers duly executed in blank, in either case with
signatures guaranteed in the customary fashion, and shall have all the necessary documentary
transfer tax stamps affixed thereto at the expense of the Seller.
The closing of the transactions contemplated by this Agreement (the "Closing"), shall be
held at ________(10)_________, on ______(11)______, at ______(12)______, or such other
place, date and time as the parties hereto may otherwise agree.
2. AMOUNT AND PAYMENT OF PURCHASE PRICE.
The total consideration and method of payment thereof are fully set out in Exhibit "A"
attached hereto and made a part hereof.
3. REPRESENTATIONS AND WARRANTIES OF SELLER.
Seller hereby warrants and represents:
(a) Organization and Standing.
Corporation is a corporation duly organized, validly existing and in good standing
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under the laws of the State of ____(13)____ and has the corporate power and authority to carry
on its business as it is now being conducted.
(b) Restrictions on Stock.
i. The Seller is not a party to any agreement, written or oral, creating rights in respect to
the Corporation's Stock in any third person or relating to the voting of the Corporation's Stock.
ii. Seller is the lawful owner of the Stock, free and clear of all security interests, liens,
encumbrances, equities and other charges.
iii. There are no existing warrants, options, stock purchase agreements, redemption
agreements, restrictions of any nature, calls or rights to subscribe of any character relating to the
stock, nor are there any securities convertible into such stock.
4. REPRESENTATIONS AND WARRANTIES OF SELLER AND PURCHASER.
Seller and Purchaser hereby represent and warrant that there has been no act or
omission by Seller, Purchaser or the Corporation which would give rise to any valid claim against
any of the parties hereto for a brokerage commission, finder's fee, or other like payment in
connection with the transactions contemplated hereby.
5. GENERAL PROVISIONS
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(a) Entire Agreement.
This Agreement (including the exhibits hereto and any written amendments hereof
executed by the parties) constitutes the entire Agreement and supersedes all prior agreements
and understandings, oral and written, between the parties hereto with respect to the subject
matter hereof.
(b) Sections and Other Headings.
The section and other headings contained in this Agreement are for reference purposes
only and shall not affect the meaning or interpretation of this Agreement.
(c) Governing Law.
This agreement, and all transactions contemplated hereby, shall be governed by,
construed and enforced in accordance with the laws of the State of ____(14)_____. The parties
herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of
subject matter jurisdiction located in ______(15)____ County, State of ___(16)____. In the event
that litigation results from or arises out of this Agreement or the performance thereof, the parties
agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other
expenses, whether or not taxable by the court as costs, in addition to any other relief to which the
prevailing party may be entitled.
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IN WITNESS WHEREOF, this Agreement has been executed by each of the individual
parties hereto on the date first above written.
Signed, sealed and delivered in the presence of:
______________(17)______________ _____________(18)______________
______________(17)______________
______________(17)______________ _____________(19)______________
______________(17)______________
EXHIBIT "A"
AMOUNT AND PAYMENT OF PURCHASE PRICE
(a) Consideration.
As total consideration for the purchase and sale of the Corporation's Stock, pursuant to
this Agreement, the Purchaser shall pay to the Seller the sum of _______(20)_______ Dollars
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($__________), such total consideration to be referred to in this Agreement as the "Purchase
Price".
(b) Payment.
The Purchase Price shall be paid as follows:
i. The sum of ______(21)_______ Dollars ($_________) to be delivered to Seller upon
the execution of this Agreement.
ii. The sum of ______(22)_______ Dollars ($_________) to be delivered to Seller at
Closing.
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STOCK REDEMPTION AGREEMENT
STOCK REDEMPTION AGREEMENT
THIS AGREEMENT, made and entered into this _(1)_ day of ____(2)_____, 19_(3)_, is
by and between _______(4)_________, hereinafter referred to as the "Seller", and
_______(5)_________, hereinafter referred to as the "Purchaser".
W I T N E S S E T H:
WHEREAS, the Seller is the owner and holder of record of ____(6)____ (______) shares
of the issued and outstanding shares of the capital stock of the Purchaser; and,
WHEREAS, the Purchaser desires to repurchase said ____(7)____ (______) shares of
said stock, hereinafter referred to as the "Sellers Stock", and the Seller desires to sell, or cause
to be sold, all of said shares of stock upon the terms and subject to the conditions hereinafter set
forth.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained in this Agreement, and in order to consummate the purchase and sale of
the Seller's Stock aforementioned, it is hereby agreed as follows:
1. PURCHASE AND SALE: CLOSING
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A. Purchase and Sale of Corporation's Stock. Subject to the terms and conditions
hereinafter set forth, at the closing of the transaction contemplated hereby, the Seller shall sell,
convey and transfer the Seller's Stock, and deliver to the Purchaser certificates representing
such stock, and the Purchaser shall purchase from the Seller the Seller's Stock in consideration
of the purchase price set forth in Section Two of this Agreement. The certificates representing
the Corporations' Stock shall be duly endorsed for transfer or accompanied by appropriate stock
transfer powers duly executed in blank, in either case with signatures guaranteed in the
customary fashion.
B. Procedure for Closing. The closing of the transactions contemplated by this
Agreement (the "Closing"), shall be held at such place as is agreed upon by the parties hereto on
or before the _(8)_ day of _____(9)____, 19_(10)_, (such date to be referred to in this
Agreement as the "Closing Date").
2. PURCHASE PRICE
A. Consideration. The total consideration for the purchase of the Seller's Stock,
pursuant to this Agreement, shall be the total sum of ______(11)______ ($___________).
3. REPRESENTATIONS AND WARRANTIES OF SELLER
Seller warrants and represents:
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A. Restrictions on Stock.
1) The Seller is not a party to any agreement, written or oral, creating rights in respect
of any Seller's Stock in any third person or relating to the voting of Seller's Stock.
2) Seller is the lawful owner of Seller's Stock, free and clear of all security interest,
liens, encumbrances, equities and other charges.
3) There are no existing warrants, options, stock purchase agreements, restriction of
any nature, relating to the subject Seller's Stock.
B. Survival. All warranties contained within this Agreement shall survive closing of this
transaction.
4. GENERAL
A. Each of the parties to this Agreement covenants and agrees that the Seller's
representations, warranties, covenants and statements and agreements contained in this
Agreement shall survive the Closing Date. Except as set forth in this Agreement, there are no
other agreements, representations, warranties or covenants by or between the parties hereto with
respect to the subject matter hereof.
B. This Agreement constitutes the entire Agreement and supersedes all prior
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agreements and understandings, oral and written, between the parties hereto with respect to the
subject matter hereof.
C. This Agreement shall be construed and enforced in accordance with the laws of the
State of _____(12)_____.
D. Should Seller default under this Agreement, Purchaser may be able to seek and
obtain any and all remedies available at law or in equity, including rescission of this Agreement.
Purchaser shall have the right to obtain all remedies cumulatively available and will not be
limited to one such remedy.
E. Should either party default under this Agreement, the party enforcing this Agreement
shall be entitled to reimbursement of all costs, including reasonable attorneys' fees incurred at
the trial and appellate levels.
IN WITNESS WHEREOF, this Agreement has been executed by each of the individual
parties hereto, all on the date first above written.
Signed, Sealed and Delivered in the presence of:
"SELLER"
__________(13)_______________ ____________(14)_____________
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__________(13)_______________
DATED:________(15)__________
"PURCHASER"
___________(16)______________ ___________(17)_____________
___________(16)______________
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STORAGE SPACE LEASE
STORAGE SPACE LEASE
This Agreement is made and entered in this _(1)_ day of ________(2)________,
19_(3)_, between _________(4)____________, of ________________(5)__________________,
hereinafter referred to as "Lessor" and ________(6)_______, of
___________(7)_____________, hereinafter referred to as "Lessee".
WHEREAS, Lessor desires to lease to Lessee and Lessee desires to lease from Lessor
the premises generally described as ________(8)___________, it is herein agreed as follows:
1. Lessor hereby leases to Tenant, the premises described above for a term of
_____(9)____ beginning ________(10)_______ and ending _________(11)_________.
2. Tenant agrees to pay the rent herein provided subject to the terms and conditions set
forth herein.
3. Rent shall be payable in equal monthly installments to be paid in advance on the
_(12)_ day of each month, to the address of Landlord as stated above or at such other address
as Landlord may, from time to time, require.
4. Upon receiving any payment of the rent in cash, Lessor agrees to issue a receipt
stating Tenant's name, a description of the premises, the amount of rent paid, the date paid and
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LEGAL FORMS KIT 2
the period for which rent is paid.
5. Lessor covenants that the leased premises are clean and dry and that there exists no
violation of any applicable building code, law or regulation.
6. Tenant agrees to use the premises exclusively for the storage of personal property,
merchandise, supplies or other material owned by Tenant and for no other use.
7. Tenant understands and agrees that the use of electricity for food freezers,
refrigerators and other appliances is not allowed.
8. Tenant agrees to keep the immediate premises in good order and to advise Lessor or
his agent of any needed maintenance or repairs.
9. Tenant shall not store any items outside the storage area nor dispose of any trash
outside the storage area other than in containers provided by Lessor.
10. Tenant shall not keep or have in or on the leased premises any article or thing which
might be pronounced "hazardous" or "extra hazardous" by any responsible insurance company.
11. Tenant agrees not to commit a nuisance in or upon said premises so as to
substantially interfere with the comfort or safety of occupants of adjacent buildings.
12. Lessor is not responsible for any loss or damage due to fire, theft, water, wind,
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hurricane or any cause whatsoever to the property of Tenant, nor is Lessor required to carry any
insurance to cover same.
13. Tenant, at his own expense, shall obtain his own insurance, if any, to the property
stored in said premises.
14. Tenant shall not sublease said premises without the written consent of Lessor.
15. Tenant may not make any alterations to the premises without the written consent of
Lessor.
16. Tenant agrees to make a security deposit in the amount of $__(13)__ to be used by
Lessor at the termination of this lease for the cost of repairs, if any, to the premises caused by
the intentional or negligent acts of Tenant.
17. Lessor agrees to return said security deposit to Tenant upon Tenant's vacating the
premises in a clean condition subject to the terms and conditions set forth herein.
18. Lessor shall have the right to enter said premises at any time to inspect same, to
make repairs or to enforce this lease.
19. Tenant, at his own expense, may provide a suitable means of locking said premises,
giving a key or combination to any locking device to Lessor so that he or his agent may effect
entry for any of the purposes enumerated above.
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20. Tenant agrees to notify Lessor in writing 15 days in advance of vacating the
premises.
21. Tenant agrees that this lease shall be subject and subordinate to any mortgage or
mortgages now on said premises, or which Owner of said premises may hereafter at any time
elect to place upon said premises.
22. Lessor and Tenant agree that this lease, when filled out and signed, is a binding legal
obligation.
23. Lease constitutes the entire Agreement between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
_____________(14)______________
_____________(15)______________
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SUBSCRIPTION AGREEMENT
SUBSCRIPTION AGREEMENT
I, _________(1)_________, do hereby subscribe to purchase __(2)__ shares of Stock of
___________(3)___________, a ___(4)___ corporation (the "Company"), Par Value of which is
$___(5)___, and for which I agree to pay $___(6)___ per share, for a total purchase price of
$___(7)____.
I agree that my failure to pay any installments as may be required in a promissory note
accompanying this subscription agreement is a default of my obligation hereunder, and if those
installments are not timely paid, (i) the Company may immediately terminate this Agreement; (ii)
my right, title and interest in all the stock purchased hereby shall be null and void; (iii) the
Company may cancel all shares of stock then held by me; (iv) I shall forfeit any monies which
have been paid to the Company hereunder; and (v) I shall be deemed to have waived any and
all claims or cause(s) of action which I may have against the Company.
DATED: ________(8)___________
______________(9)______________
Sworn to and subscribed before me this _(10)_ day of________(11)_______, 19_(12)_.
(SEAL)
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_____________(13)______________
Notary Public
My Commission Expires:
_________(14)____________
ACCEPTED by and for the Corporation:
_____________(15)______________
President
DATED: _________(16)___________
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LEGAL FORMS KIT 2
WAIVER OF NOTICE OF THE FIRST MEETING OF BOARD OF DIRECTORS
WAIVER OF NOTICE OF THE FIRST MEETING OF BOARD OF DIRECTORS
I, the undersigned Director of the Corporation, do hereby waive all notice of the first
meeting of the Board of Directors of the said Corporation, and do consent that said meeting shall
be held at the same place and immediately following, the initial meeting of the shareholder(s) of
the said Corporation for the purpose of electing officers and for such business as may lawfully
come before said meeting.
DATED: ________(1)_______, 19_(2)_
_____________(3)_______________
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LEGAL FORMS KIT 2
WAIVER OF NOTICE OF THE ANNUAL MEETING OF BOARD OF DIRECTORS
WAIVER OF NOTICE OF THE
ANNUAL MEETING OF BOARD OF DIRECTORS
I, the undersigned Director of the Corporation, do hereby waive all notice of the annual
meeting of the Board of Directors of the said Corporation, and do consent that said meeting shall
be held at the same place and immediately following, the initial meeting of the shareholder(s) of
the said Corporation for the purpose of electing officers and for such business as may lawfully
come before said meeting.
DATED: ________(1)_______, 19_(2)_
_____________(3)_______________
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LEGAL FORMS KIT 2
WAIVER OF NOTICE OF THE ANNUAL MEETING OF THE SHAREHOLDERS
WAIVER OF NOTICE OF THE ANNUAL MEETING OF THE SHAREHOLDERS
I, the undersigned shareholder of the Articles hereof, do hereby waive all notice of the
annual meeting of the shareholders of the said Corporation, and do hereby agree and consent
that the time and place of the annual meeting shall be on ______(1)_______, 19_(2)_ at the
offices of the corporation, and that all such business may be transacted thereat as may lawfully
come before said meeting.
DATED: ________(3)_______, 19_(4)_
____________(5)________________
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LEGAL FORMS KIT 2
WAIVER OF NOTICE OF FIRST MEETING OF THE SHAREHOLDERS
WAIVER OF NOTICE OF FIRST MEETING OF THE SHAREHOLDERS
I, the undersigned shareholder of the Articles hereof, do hereby waive all notice of the
first meeting of the shareholders of the said Corporation, and do hereby agree and consent that
the time and place of the first meeting shall be on ______(1)_______, 19_(2)_ at the offices of
the corporation, and that all such business may be transacted thereat as may lawfully come
before said meeting.
DATED: ________(3)_______, 19_(4)_
____________(5)________________
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GUARANTEE
GUARANTEE FOR VALUE RECEIVED, the undersigned hereby guarantee absolutely and unconditionally prompt payment of the within Note and agree to pay all cost of collection, legal expenses and attorneys' fees, incurred or paid by the holder of the within Note in the collection and/or enforcement of said Note and the enforcement of this Guaranty. No renewal or extension of said Note, no release or surrender of any security for said Note or this Guaranty, no release of any person primarily or secondarily liable on said Note (including any maker, endorser or guarantor), no delay in the enforcement of payment of said Note or this Guaranty and no delay or omission in exercising any right or power under said Note on this Guaranty shall affect the liability of any of the undersinged hereunder. The undersigned expressly waives presentment, protest, demand, notice of dishonor or default, notice of acceptance of this Guaranty and notice of any kind with respect to said Note or this Guaranty or the performance of the obligation under said Note or Guaranty. ________________________(SEAL) ________________________(SEAL)
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GUARANTOR INSTRUMENT
Dear As inducement for you to approve and ship the captioned entity's order for [specify] and ancillary equipment, ________________________, hereinafter called the guarantor agrees to guarantee payment of the [number] installments of the [number] year conditional sales contract. Guarantor acknowledges and agrees that it may receive a substantial benefit from the said agreement between [name of supplier] and [name of user]. By ______________________ Dated ______________________
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INSURANCE BINDER
INSURANCE BINDER Effective Date and Hour__________________________ Insured__________________________________________ Address__________________________________________ Company__________________________________________ Premium__________________________________________ __________________________________________ Coverage___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ This binder is evidence that ___________________________has placed the described insurance with the above Company for the amount set forth. This binder shall remain in force for ____days from the date of commencement of liability hereunder or when, if earlier, it is replaced by a policy of the Company, and is subject to all the terms and conditions of said policy as customarily issued by the Company. This binder may be cancelled by the Insured by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This binder may be cancelled by the Company by mailing to the named insured at the address shown in this binder written notice stating when not less than ten days hereafter such cancellation shall be effective. _______________________________ By_____________________________ Dated__________________________
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LETTER OF DEFAULT ON PROMISSORY NOTE
LETTER OF DEFAULT ON PROMISSORY NOTE Date: _ To: _ Reference is made to a certain promissory note under date of _, 19_, in the original amount of $_. You have defaulted under said note in that the installment due on _, 19_, in the amount of $_ has not been paid. Accordingly, demand is hereby made upon you for full payment of the entire balance on said note in the amount of $_, including accrued interest to date. In the event the entire balance is not paid within the next seven days, I shall refer this matter to an attorney resulting in additional costs of collection. Very truly, ______________________________
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MUTUAL CANCELLATION OF LEASE
MUTUAL CANCELLATION OF LEASE FOR GOOD CONSIDERATION, _ [Lessee], and _ [Lessor], under a certain lease agreement between the parties under date of _, 19_ [Lease], do hereby mutually agree to terminate and cancel said Lease effective _, 19_ and all rights and obligations under said Lease shall thereupon be cancelled excepting only for any obligations under the Lease accruing prior to the effective termination date. This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Signed under seal this _ day of _, 19_. ______________________________ Lessee ______________________________ Lessor
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MUTUAL RELEASE
MUTUAL RELEASE This mutual release, executed on [date], between [name of first party] of [address] , City of , County of , State of , and [name of second party] of [address] , City of , County of , State of , is intended to effect the elimination of any obligations by either party as hereinafter designated. Whereas, disputes and differences have arisen between the parties with respect to that certain contract entered into by said parties and executed on [date] , a copy of which is attached hereto as Exhibit A, both parties have agreed to settle said disputes and differences by executing this mutual release. Whereas, both parties recognize that by the execution of this mutual release, they are relinquishing their respective legal rights with reference to the herein mentioned disputes and differences, both parties agree that in consideration of this execution of this mutual release, and for the added consideration of the payment of [amount] Dollars, ($ ) by [name of first party] to [name of second party] , receipt of which is hereby acknowledged, and the payment of [amount] Dollars, ($ ) by [name of second party] to [name of first party], receipt of which is hereby acknowledged, each party for his heirs and assigns, expressly releases the other party, and his heirs and assigns, from all liability for claims and/or demands which may arise from that certain contract referenced herein and attached hereto. In witness whereof the parties have executed this mutual release at [place of execution] on the day and year stated above. /S/_________________________ _________________________
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NEW FICTITIOUS NAME CERTIFICATE DUE TO CHANGE-PARTNERSHIP
New Certificate of Transaction of Business Under Fictitious Name [Due to Change] Certificate KNOW ALL MEN BY THESE PRESENTS: That the undersigned do hereby certify the following: 1. The undersigned are the partners of a ___________ [general or limited] partnership that is transacting business in the State of _________________ under the fictitious name of_____________________________________. 2. The principal place of said business is located at _______________________________________. 3. The full names and places of residence of the undersigned are: ________________________, whose place of residence is ___________________________________________. ________________________, whose place of residence is ___________________________________________. This certificate is executed to reflect a change of [membership or fictitious name]. Dated: _______________ /S/________________________ ________________________ [Acknowledgment]
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NOT SECURED BY DEED OF TRUST (STRAIGHT NOTE) NOTE SECURED BY DEED OF TRUST (STRAIGHT NOTE) $_____________ ________[city and state]______ __[date]___ _________________________________________________after date for value received I promise to pay to _____________________ ____________________________________________________or order, at _________________________________________________________ payable___________________ or sooner, secured by Assignement of Deed of Trust on the following described land: (Legal Description) Should default be made in payment of principal or interest, the whole sum of principal and interest shall, at the option of the holder of theis note, become immediately due. Principal and interest payable in lawful money of the United States. If action is instituted on this note, the undersigned promises to pay such sum as the Court may adjudge as attorney's fees. This note is secured by a Deed of Trust to ______________________. _____________________ __________________________ _____________________ __________________________
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LEGAL FORMS KIT 2
NOTICE AND TENDER BY DEBTOR
NOTICE AND TENDER BY DEBTOR TO:_____________________________ _________[address]___________ You are hereby notified that the undersigned elects to redeem the [collateral] that is currently in your possession pursuant to that certain security agreement, the date of which is , for which said collateral was pledged to secure performance. Election is hereby made in accordance with the rights afforded under the Uniform Commercial Code Section 9506. Therefore, the undersigned hereby tenders fulfillment of all obligations pursuant to said security agreement and secured by said collateral, in addition to the amount of $ for your expenses in repossessing, holding, preparing the collateral for disposition through sale, arranging for sale, attorney's fees and legal expenses. Demand is hereby made that you make the said collateral available for retaking by the undersigned. Dated:__________________ /S/___________________________
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LEGAL FORMS KIT 2
NOTICE OF ANNUAL MEETING OF SHAREHOLDERS
Notice of Annual Meeting of Shareholders of [name of corporation] Dear Shareholder: Notice is hereby given that the annual meeting of the shareholders of [name of corporation], a [state] corporation, will be held at [address] , [city] , [state] , on [date] , at [time] The following business will be transacted at the meeting: 1. 2. 3. In the event that you will be unable to attend this annual meeting, we are requesting that you execute and mail the enclosed form of proxy to the secretary of our company so that your shares may be regularly voted at the meeting. ______________________ [Signature]
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LEGAL FORMS KIT 2
NOTICE OF APPEAL
NOTICE OF APPEAL In the matter of [name of appellant] [address] APPEAL FROM REFEREE'S DECISION [number] [date] Notice is hereby given that a decision was reached in the above referenced matter on the above date in the City of , State of , a copy of which is attached hereto and sets forth the particulars in this matter. That appellant alleges that an error in decision has been made on the part of the referee and is appealing said decision on the following grounds: [grounds for appeal] Date: ____________________ ___________________________ [Signature]
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LEGAL FORMS KIT 2
NOTICE OF CLAIM OF LIEN
After Recording, mail to: [Name and address] NOTICE OF CLAIM OF LIEN The undersigned claimant hereby claims a mechanic`s lien under section_______of the Civil Code of the State of _________ and hereby declares the following: 1. That a statement of claimant`s demand, after deducting all just credits and offsets, in the sum of $ . 2. That the name of the owner[s], or reputed owner[s] of the property is [are]: 3. A general statement of the kind of work done or materials furnished by claimant, or both is: [insert] 4. That the name[s] of the person[s] by whom claimant was employed or to whom claimant furnished the materials is [are] 5. A description of the property sought to be charged with the lien is: [enter full legal description here]. DATED: ________________ _______________________ [Signature of Claimant]
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LEGAL FORMS KIT 2
NOTICE OF DEFAULT
NOTICE OF DEFAULT To __________________ ___[address]______ ____________________as trustee (or beneficiary) under that certain deed of transfer in trust executed by ___________, as Trustor, to ____________, as Trustee and ______________, as beneficiary, dated _____________, recorded in Book ____, Page ___ of official records in the office of the County Recorder of _______ County, State of ____________, hereby give(s) notice that a breach of the obligation for which such transfer in trust is security has occurred, the nature of said breach being the failure to [state each item of default , such as the failure to pay principal, or installments thereof, interest, taxes, insurance,etc.], and that the Trustee (or beneficiary) elects to sell, or cause to be sold the trust property in order to satisfy said obligation. [Insertion if default is curable] NOTICE YOU MAY HAVE THE RIGHT TO CURE THE DEFAULT DESCRIBED HEREIN AND REINSTATE THE MORTGAGE OR DEED OF TRUST. SECTION ______ OF THE CIVIL CODE PERMITS CERTAIN DEFAULTS TO BE CURED UPON PAYMENT OF THE AMOUNTS REQUIRED BY THAT SECTION WITHOUT REQUIRING PAYMENT OF THAT PORTION OF PRINCIPAL AND INTEREST WHICH WOULD NOT BE DUE HAD NO DEFAULT OCCURRED. WHERE REINSTATEMENT IS POSSIBLE, IF THE DEFAULT IS NOT CURED WITHIN _______________ FOLLOWING THE RECORDING OF THIS NOTICE, THE RIGHT OF REINSTATEMENT WILL TERMINATE AND THE PROPERTY MAY BE SOLD. TO DETERMINE IF REINSTATEMENT IS POSSIBLE AND THE AMOUNT, IF ANY, NECESSARY TO CURE THE DEFAULT, CONTACT THE BENEFICIARY OR MORTGAGEE OR THEIR SUCCESSORS IN INTEREST, WHOSE NAME AND ADDRESS IS _________________ AT ___________ ______________________________. ANY FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL NOT AFFECT THE VALIDITY OF A SALE IN FAVOR OF A BONA FIDE PURCHASER OR THE RIGHTS OF AN
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LEGAL FORMS KIT 2
ENCUMBRANCER FOR VALUE AND WITHOUT NOTICE. Dated: ______________ ________________________ [Trustee or Beneficiary]
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LEGAL FORMS KIT 2
NOTICE OF DISSOLUTION (PARTNERSHIP) NOTICE OF DISSOLUTION Notice is hereby given in accordance with the provisions of [ Section and Code of State] that: The partnership heretofore existing between [partner A] and [partner B] , under the fictitious name of [fictitious name of partnership] at [address] , City of , County of , State of is now dissolved by mutual consent. That [partner A] , of the City of , County of , State of , has withdrawn from and is no longer associated in the conducting of said business, and [partner B] , of the City of , County of , State of will conduct said business hereafter, has assumed all of the outstanding obligations of said business incurred both heretofore and hereafter, and is entitled to all of the assets of said business. Said partnership is dissolved as of [date]. /S/ _____________________ /S/ _____________________
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LEGAL FORMS KIT 2
NOTICE OF INTENTION TO FORECLOSE
NOTICE OF INTENTION TO FORECLOSE (Under Security Agreement) To ______________________________________________, Debtor Address_________________________________________________ You are hereby notified that the undersigned intends to foreclose under provision of that certain Agreement executed by you on the _______ of ______________19 , whereby certain personal property described as follows was given as security for the payment of indebtedness to Secured Party named below. (Description) You are hereby further notified that unless you pay, within ___ days from the date hereof, to the undersigned, holder and owner of the said Agreement, at their office address, which is listed below, the sum of $ , all of which is now due and payable pursuant to the conditions of said Agreement, plus charges at the rate provided for in said Agreement, from date hereof to date of payment, SECURED PARTY SHALL TAKE POSSESSION OF SAID PROPERTY. Further, if said property sells for less than the amount then due under terms of the Agreement, you will be obligated to pay the deficiency. Dated__________________ _______________________________ SECURED PARTY Address________________________ _______________________________ By_____________________________
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LEGAL FORMS KIT 2
NOTICE OF LEASE
NOTICE OF LEASE Notice is hereby provided of the existence of the following lease: 1. LESSOR: _ 2. LESSEE: _ 3. LEASED PREMISES: _ 4. TERM OF LEASE is _ years commencing on _, 19_ and ending on _, 19_. 5. OPTIONS TO EXTEND LEASE: _ 6. OPTION TO ACQUIRE PROPERTY OR RIGHT OF FIRST REFUSAL: _ _______________________________ Lessor _______________________________ Lessee State of _ County of _ Date: _ Then personally appeared _
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who acknowledged the foregoing, before me. ______________________________ [Notary Seal] Notary Public
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LEGAL FORMS KIT 2
NOTICE OF TERMINATION OF LEASE
Notice of Termination of Lease To _________________________, Lessee: Take notice, that pursuant to the provisions of paragraph ___ of that certain Lease under which you hold possession of the hereinafter described premises, I have elected to terminate said lease as of ___________, 19___; said lease is being terminated [set forth reason for termination] and you are hereby required to quit and deliver up possession of the premises on or before the above mentioned date. The lease above mentioned is between ________________, as Lessor, and _____________ ______ as Lessee, is dated _____________ and covers the property commonly known as . DATED: ___________ ______________________ (LESSOR)
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LEGAL FORMS KIT 2
NOTICE OF DEFAULT
NOTICE OF DEFAULT
Date:
To:
Re:
Please be advised that the undersigned is the holder of a certain promissory note made by you dated ______________________, in the original principal amount of $__________________.
You are hereby notified that you have defaulted under said note because you have failed to pay the installment due ____________________, 19__, in the amount of $_______________.
Therefore, demand is hereby made upon you for full payment of the entire balance due on said note in the amount of $_____________, including interest accrued to date.
If the entire amount due is not received on or before _____________________, I shall instruct legal counsel to commence legal proceedings against you. Attention to the note, which obligates you to pay in addition to the principal balance and interest, costs of collection, including attorney's fees.
Your prompt attention to the foregoing is anticipated.
Very truly yours,
____________________________
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LEGAL FORMS KIT 2
SETTLEMENT OFFER
SETTLEMENT OFFER
Date:
To:
RE: SETTLEMENT OFFER ON DISPUTED ACCOUNT
Sirs:
We acknowledge your bills indicating a balance you claim
to be due you in the amount of $ _________.
This alleged debt is disputed for the following reasons:
As an offer in compromise, and without admitting
liability, we offer to settle this claim in full for the sum of
$___________. Our check in said amount is enclosed and
your depositing of the check will signify your agreement and will
discharge the entire amount claimed and release us from all
liability thereon.
Very truly yours,
___________________________
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LEGAL FORMS KIT 2
PAGE 292 OF 423
LEGAL FORMS KIT 2
NOTICE DELINQUENT ACCOUNT
NOTICE DELINQUENT ACCOUNT
Date:
To:
Payment in the amount of $___________ was due to us on ____________, 19__ as compensation for the following debt:
To date, we have not received the $___________. Would you please mail a check to us immediately.
Very truly yours,
_________________________
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LEGAL FORMS KIT 2
SECOND REQUEST FOR PAYMENT
SECOND REQUEST FOR PAYMENT
Date:
To:
By letter dated ___________,19__ we informed you that $_____________ remained overdue on your account. To date no payment from you has been received. We once again request payment.
Very truly yours,
____________________________
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LEGAL FORMS KIT 2
NOTICE DELINQUENT ACCOUNT TURNED OVER TO COLLECTIONS
NOTICE DELINQUENT ACCOUNT TURNED OVER TO COLLECTION
Date:
To:
By letters dated __________,19__ and _________,19__ we have requested payment of $_____________ in satisfaction of your long debt. However, we have not received any response to our requests.
If you are experiencing a problem in paying the $_________, we would be very happy to attempt to work out a payment schedule with you. But unless you respond to our letters, we can not assist you.
Therefore, unless payment in full in the amount of $________ or a payment proposal acceptable to us is received in the next _____ (_) days, we will have no choice but to refer this account to collection. I sincerely hope that this step can be avoided, especially because you will incur the additional costs of collection.
Very truly yours,
_______________________________
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LEGAL FORMS KIT 2
INSTALLMENT AGREEMENT TO PAY DEBT
INSTALLMENT AGREEMENT TO PAY DEBT
Date:
To:
Dear:
This letter serves to confirm our agreement of___________, 19__, in which you acknowledge the outstanding overdue debt of $____________ to our company. We agreed that you shall make consecutive weekly payments of $___________ until the debt is satisfied in full. We further agreed that I would receive the first payment by _______________,19__ and each successive payment every ___________________ thereafter.
I sincerely appreciate your cooperation in resolving this matter. Finally, would you acknowledge our agreement by signing the enclosed copy of this letter and returning it to me in the enclosed, self-addressed envelope.
Very truly yours,
_______________________
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LEGAL FORMS KIT 2
FINAL NOTICE BEFORE LEGAL ACTION
FINAL NOTICE BEFORE LEGAL ACTION
Date:
TO: (Customer)
Re: $_______________ PAST DUE
We have repeatedly requested payment of the above past due account. Our demands for payment have been ignored.
Therefore, we shall turn this account over for collection within the next ____ days unless payment, or an acceptable proposal for payment is received.
Collection action on this obligation may result in additional legal or court costs to you and may impair your credit rating.
Very truly,
_____________________________
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LEGAL FORMS KIT 2
NOTICE TO BANK TO STOP PAYMENT ON CHECK
NOTICE TO BANK TO STOP PAYMENT ON CHECK
Date:
TO:
Gentlemen:
You are hereby directed to stop payment upon presentment of the following check:
Name of Payee:
Date of Check:
Amount:
Check Number:
This stop order shall remain in effect until further written notice.
_______________________________ Name of Account
_______________________________ Account Number
By:____________________________
This form should be sent again after six months.
PAGE 298 OF 423
LEGAL FORMS KIT 2
PAGE 299 OF 423
LEGAL FORMS KIT 2
NOTICE OF C.O.D.
NOTICE OF C.O.D.
Date:
To:
Dear :
Thank you very much for your purchase order dated _________,19___ which we received on __________,19__ (copy enclosed). At this time we are unable to extend credit for the sale of the merchandise. Therefore, unless you notify us to cancel the order within ________ days of receipt of this notice, we will ship the merchandise C.O.D.
Very truly yours,
_____________________________
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LEGAL FORMS KIT 2
GUARANTY 1
GUARANTY
In consideration of One Dollar and other valuable consideration, I, We, ___________________jointly and severally, guaranty the full and faithful performance of all obligations required under a certain promissory note dated ___________,19__ by _________________________ in the principal amount of _____________($ ) Dollars.
Dated:
_________________________________ __________________________ Witness Guarantor
__________________________ Guarantor
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LEGAL FORMS KIT 2
GUARANTY 2
GUARANTY
The undersigned, in consideration of _________________ (hereinafter referred to as the "Lender") having made a loan to _____________________(hereinafter referred to as the "Borrower") hereby unconditionally guarantees to the Lender the prompt payment on all amounts now owing or which may hereafter be owing to the Lender from the Borrower on account of such loans, or any extension or renewal thereof, however and whenever made; provided, however, that the obligation of the Undersigned hereunder shall not exceed the maximum amount of ____________ ($ ) DOLLARS. This undertaking shall operate as a continuing and absolute guaranty and shall remain in full force and effect until the actual receipt by the Lender of a revocation in writing signed by the Undersigned, it being understood that any such revocation shall be effective only as to additional new loans or credits after the receipt thereof.
Notice of the acceptance of this guaranty and notice of transactions entered into in reliance hereon are hereby waived. The Undersigned agrees that liability hereunder shall not be affected by any extension of time or other forbearance or indulgence of favor granted to Borrower, or by the release or modification of any security or the release of any guarantor, whether or not notice thereof shall be given to the Undersigned, or by the neglect or failure of the Lender to take any action with respect to any security, right, obligation, endorsement or guaranty which it may at any time hold, or by any change by the Borrower in the former manner of doing business, whether by incorporation, consolidation, merger, partnership formation or change in membership, or otherwise.
The Undersigned also waives all requirements of notice, demand, presentment or protest in case of any default by Borrower and any right which the Undersigned might otherwise have required the Lender first to proceed against the Borrower or against any co-guarantor or any other person or first to realize on any security held by it before proceeding against the Undersigned for the enforcement of this guaranty.
If there be more than one guarantor executing this guaranty, their obligation hereunder shall be joint and several.
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In that case the word "Undersigned", shall be deemed to apply against each guarantor and the Lender shall be entitled to full recovery of the obligation of this guaranty against each, but shall retain only one satisfaction.
This instrument is intended to take effect as a sealed instrument and the validity and construction hereof shall be determined by the law of the state of ______________________.
DATED: __________________________
__________________________
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LEGAL FORMS KIT 2
PLEDGE
PLEDGE
Know all men by these presents that ________________ ___________________________________________________________
of _______________________________, for valuable consideration paid, hereby DEPOSITS and PLEDGES with ________________ ___________, as collateral security to secure the payment of _____________($ )Dollars on ________,19___with ___% percent interest per annum, payable ___________________as provided in note of even date, or any renewals thereof, and to secure the payment of any other direct or indirect, primary or secondary liability, joint or several, or any renewals thereof, of the undersigned to said ______________, due or to become due, or that may hereafter be contracted, and to secure any judgment on any of the foregoing, the following described property:
The holder hereof may collect any part of said security by any lawful means. In witness whereof we hereunto set our hands and seals this ____day of _________, 19__.
Signatures Witnessed By: ____________________________
___________________________ ____________________________
___________________________
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LEGAL FORMS KIT 2
NOTICE OF RIGHT OF RESCISSION
NOTICE OF RIGHT OF RESCISSION
$__________________Mortgage on Property Situated at:
_______________________________________________________________
Notice of Customer Required by Federal Law:
You have entered into a transaction on__________, 19__ which may result in a lien, mortgage or other security interest on your home. You have a legal right under federal law to cancel this transaction, if you desire to do so, without any penalty, or obligation, within three business days from the above date or any later date on which all material disclosures required under the Truth in Lending Act have been given to you. If you so cancel the transaction, any lien, mortgage or other security interest on your home arising from this transaction is automatically void. You are also entitled to receive a refund of any down payment or other consideration if you cancel. If you decide to cancel this transaction, you may do so by notifying
_______________________________________________________________ (Name of Creditor)
at_____________________________________________________________
by mail or telegram sent not later than midnight of __________, 19__. You may also use any other form of written notice identifying the transaction if it is delivered to the above address not later than that time. This notice may be used for that purpose by dating and signing below.
I hereby cancel this transaction.
________________________________ _____________________________ (Date) (Customer's Signature)
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LEGAL FORMS KIT 2
Receipt is herewith acknowledged of the foregoing NOTICE, each of the undersigned CUSTOMERS having received two copies thereof, and one copy of the Disclosure Statements concerning the above identified transaction this ______day of_________,19__.
______________________________ __________________________
Issue two copies to customer.
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LEGAL FORMS KIT 2
RECEIPT (SPECIFIC)
RECEIPT (Specific)
The undersigned hereby acknowledges the receipt of _____________($ ) Dollars from __________________ in full payment, satisfaction and discharge of the obligation dated _____________,19__ which is more particularly described as follows:
Signed and sealed this ______day of ______, 19__.
______________________________ _________________________ Witness
Form 129
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LEGAL FORMS KIT 2
REAL ESTATE NOTE
REAL ESTATE NOTE
$________________________ ________________________
___________________,19__
FOR VALUE RECEIVED, the undersigned (jointly and severally if more than one) promises to pay to the order of ____________________ the sum of ($_________) Dollars together with interest thereon at the rate of_____ percent (___%) per annum in monthly installments of__________________Dollars ($__________ ). All unpaid amounts of principal and interest shall be due and payable on _________________, 19__.
This Note is secured by a mortgage of real estate located at _________________ and duly recorded with the _______________ Registry of Deeds.
Upon the default in any payment of principal or interest as provided herein, the entire balance then remaining unpaid shall immediately become due and payable at the option of the holder hereof.
In the event of default, the undersigned further agrees to pay all reasonable attorney's fees and costs of collection.
Signed under seal this______day of _________, 19__.
_________________________ ____________________________ Witness
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LEGAL FORMS KIT 2
POWER OF ATTORNEY - SIGN CHECKS
POWER OF ATTORNEY - SIGN CHECKS
KNOW ALL MEN BY THESE PRESENTS THAT _____________________
_________________________________________________________________
have constituted, ordained, and made, and in my stead and place put, and by these presents do constitute, ordain, and make, and in my stead and place put _______________________________________
to be my true, sufficient, and lawful Attorney for me and in my name and stead, and to ___________ use, to ask, demand, levy, require, recover and receive of and from all and every person or persons whomsoever the same shall or may concern, all and singular sum or sums of money, debts, goods, wares, merchandise, effects and things whatsoever and wheresoever they shall and may be found due, owing, payable, belonging and coming unto me the constituent by any means whatsoever and to sign and endorse checks, drafts, bills and notes in my name and in my stead and to be a lawful signatory on any account in my name in any bank or trust company.
IN WITNESS WHEREOF __________ have hereunto set _______ hand and seal this __________day of _________ in the year of our Lord one thousand nine hundred and _______.
Signed and sealed in presence of ________________________
_________________________________ ________________________
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LEGAL FORMS KIT 2
RATIFICATION OF UNAUTHORIZED SIGNATURE
RATIFICATION OF UNAUTHORIZED SIGNATURE
Date:
To:
I hereby ratify the act of _____________________________ (name of unauthorized person)
in purporting to sign my name on the promissory note (describe or
identify note).
_________________________________ (Signature of Person Ratifying)
PAGE 310 OF 423
LEGAL FORMS KIT 2
SECURITY AGREEMENT
SECURITY AGREEMENT
AGREEMENT made this ______ day of ______, 19__ between _________________, _________________, __________________ ("Debtor"), and ______________, __________________, ___________,________________ ("Secured Party").
1. SECURITY INTEREST. Debtor grants to Secured Party a security interest in all inventory, equipment, appliances, furnishings, and fixtures now or hereafter placed upon the premises known as _________________, located at _____________, ________________ (the "Premises") or used in connection therewith and in which Debtor now has or hereafter acquires any right and the proceeds therefrom. As additional collateral, Debtor assigns to Secured Party, a security interest in all of its right, title, and interest to any trademarks, trade names, contract rights, and leasehold interests in which Debtor now has or hereafter acquires. The Security Interest shall secure the payment and performance of Debtor's promissory note of even date herewith in the principal amount of _________________ ($___________) Dollars and the payment and performance of all other liabilities and obligations of Debtor to Secured Party of every kind and description, direct or indirect, absolute or contingent, due or to become due now existing or hereafter arising.
2. COVENANTS. Debtor hereby warrants and covenants:
(a) The collateral will be kept at ______________, _____________________, _______________; and that the collateral will not be removed from the Premises other than in the ordinary course of business.
(b) The Debtor's place of business is _____________, ________________. ____________________, and Debtor will immediately notify Secured Party in writing of any change in or discontinuance of Debtor's place of business.
(c) The parties intend that the collateral is and will at all times remain personal property despite the fact and irrespective of the manner in which it is attached to realty.
(d) The Debtor will not sell, dispose, or otherwise transfer the collateral or any interest therein without the prior
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LEGAL FORMS KIT 2
written consent of Secured Party, and the Debtor shall keep the collateral free from unpaid charges (including rent), taxes, and liens.
(e) The Debtor shall execute alone or with Secured Party any Financing Statement or other document or procure any document, and pay the cost of filing the same in all public offices wherever filing is deemed by Secured Party to be necessary.
(f) Debtor shall maintain insurance at all times with respect to all collateral against risks of fire, theft, and other such risks and in such amounts as Secured Party may require. The policies shall be payable to both the Secured Party and the Debtor as their interests appear and shall provide for ten (10) days written notice of cancellation to Secured Party.
(g) The Debtor shall make all repairs, replacements, additions, and improvements necessary to maintain any equipment in good working order and condition.
At its option, Secured Party may discharge taxes, liens, or other encumbrances at any time levied or placed on the collateral, may pay rent or insurance due on the collateral and may pay for the maintenance and preservation of the collateral. Debtor agrees to reimburse Secured Party on demand for any payment made, or any expense incurred by Secured Party pursuant to the foregoing authorization.
3. DEFAULT. The Debtor shall be in default under this Agreement upon the happening of any of the following:
(a) any misrepresentation in connection with this Agreement on the part of the Debtor.
(b) any noncompliance with or nonperformance of the Debtor's obligations under the Note or this Agreement.
(c) if Debtor is involved in any financial difficulty as evidenced by (i) an assignment for the benefit of creditors, or (ii) an attachment or receivership of assets not dissolved within thirty (30) days, or (iii) the institution of Bankruptcy proceedings, whether voluntary or involuntary, which is not dismissed within thirty (30) days from the date on which it is filed.
Upon default and at any time thereafter, Secured Party may declare all obligations secured hereby immediately due and
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LEGAL FORMS KIT 2
payable and shall have the remedies of a Secured Party under the Uniform Commercial Code. Secured Party may require the Debtor to make it available to Secured Party at a place which is mutually convenient.
No waiver by Secured Party of any default shall operate as a waiver of any other default or of the same default on a future occasion.
This Agreement shall inure to the benefit up and bind the heirs, executors, administrators, successors, and assigns of the parties.
This Agreement shall have the effect of an instrument under seal.
By:
Date: ___________________________
___________________________
NOTE: FILE FINANCING STATEMENTS IN OR WITHIN FIVE (5) DAYS FROM DATE.
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LEGAL FORMS KIT 2
SUBORDINATION TO STATED AMOUNT
SUBORDINATION TO STATED AMOUNT
In consideration of $1.00 and other valuable consideration the undersigned hereby subordinates all of our claims (secured or unsecured) against _______________ ____________ , (Debtor) to a claim owed to _____________ ___________ , in an amount not to exceed $ __________.
Signed and sealed this _________day of ________, 19__.
_________________________
Assented to:
______________________________ Debtor
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LEGAL FORMS KIT 2
SUBORDINATION AGREEMENT OF SECURED DEBT
SUBORDINATION AGREEMENT OF SECURED DEBT
For $1.00 and other valuable consideration the undersigned having or acquiring a security or mortgage interest in the collateral of_________________ , (Debtor), hereby agrees that said security or mortgage interest shall be subordinate to the security interest, mortgage or lien of_______________________, dated _________________, 19__, in the following collateral of the security agreement: (Describe)
Signed and sealed this _______day of ________, 19__.
____________________________
Assented to:
_________________________________ Debtor
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LEGAL FORMS KIT 2
DISCHARGE OF SECURITY INTEREST
DISCHARGE OF SECURITY INTEREST
FOR VALUE RECEIVED, the undersigned does hereby release and discharge a certain security interest issued by ___________, (Debtor) to the undersigned dated ______________, 19__.
This document shall constitute a discharge of the obligation for which said security interest was granted and all financing statements evidencing the same are hereby terminated.
Signed this____day of________________ , 19__.
____________________________
Use With UCC-Termination Form
PAGE 316 OF 423
LEGAL FORMS KIT 2
LOAN PURPOSE AFFIDAVIT
LOAN PURPOSE AFFIDAVIT
Date:
The undersigned ______________________ being first duly sworn on oath deposes and states:
That the proceeds of the loan of $___________ being furnished us this _________________ day of ___________, 19__ _____________ from _________________.
will be used for:
and for no other purpose.
Subscribed and sworn to this _____ day of ________, 19__ under pains and penalties of perjury.
_______________________________
PAGE 317 OF 423
LEGAL FORMS KIT 2
SHORT FORM OF LEASE (RESIDENTIAL)
SHORT FORM OF LEASE <RESIDENTIAL>
LEASE AGREEMENT, made between ________________________ (Landlord) and_________________________________ (Tenant).
For good consideration it is agreed between the parties as follows:
1. Landlord hereby leases and rents to Tenant the premises described as follows:
2. This Lease shall be in effect for a term of _____ years, commencing on________________, 19__ and terminating on 19__.
3. Tenant shall pay Landlord the annual rent of $_____ during said term, in monthly payments of $___________, each, payable monthly in advance.
4. Tenant shall at its own expense provide the following utilities:___________________________________________________
5. Tenant further agrees that:
a) Upon the expiration of the lease it will return possession of the leased premises in its present condition, reasonable wear and tear, and fire casualty excepted. Tenant shall commit no waste to the leased premises.
b) It shall not assign or sub-let or allow any other person to occupy the leased premises without Landlord's prior written consent.
c) It shall not make any material or structural alterations to the leased premises without Landlord's prior written consent.
d) It shall comply with all building, zoning and health codes and other applicable laws for said leased premises.
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LEGAL FORMS KIT 2
e) It shall not conduct a business deemed extra hazardous, a nuisance or requiring an increase in fire insurance premiums. Tenant warrants the leased premises shall be used only for the following type business: _______________________.
f) In the event of any breach of the payment of rent or any other allowed charge, or other breach of this Lease, Landlord shall have full rights to terminate this Lease in accordance with state law and re-enter and claim possession of the leased premises, in addition to such other remedies available to Landlord arising from said breach.
6. This Lease shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.
7. Additional Lease terms:
Signed and sealed this ______day of ______, 19__.
______________________________ Landlord
_______________________________ Tenant
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LEGAL FORMS KIT 2
SELF RENEWING LEASE
SELF RENEWING LEASE
LEASE AGREEMENT, made between ____________________ (Landlord) and ______________________ (Tenant).
In consideration of the covenants herein contained it is agreed between the parties as follows:
1. Landlord hereby leases and rents to Tenant the premises described as follows:
2. This Lease shall be in effect for a term of one (1) year, commencing on ____________, 19__ and from year to year thereafter unless _____ days prior to the termination of the lease either party sends notice in writing electing to terminate the same.
3. Tenant shall pay Landlord the annual rent of $__________ during said term, in monthly payments of $___________, each, payable monthly in advance.
4. Tenant shall at its own expense provide the following utilities:
Landlord shall at its own expense provide the following utilities:
5. Tenant further agrees that:
(a) Upon the expiration of the lease it will turn over possession of the leased premises in its present condition, reasonable wear and tear excepted. Tenant shall commit no waste to the leased premises.
(b) It shall not assign or sub-let or allow any other person to occupy the leased premises without Landlord's prior
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written consent.
(c) It shall not make any material or structural alterations to the leased premises without Landlord's prior written consent.
(d) It shall comply with all building, zoning and health codes and other applicable laws for said leased premises.
(e) It shall not conduct a business deemed extra hazardous, a nuisance or requiring an increase in fire insurance premiums. Tenant warrants the leased premises shall be used only for the following purposes:
(f) In the event of a breach of the payment of rent or any other allowed charge, or other breach of this Lease, Landlord shall have full rights to terminate this Lease in accordance with state law and re-enter and claim possession of the leased premises, in addition to such other remedies available to Landlord arising from said breach.
6. This Lease shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.
7. Additional Lease terms:
Signed and sealed this ______day of ________, 19__.
_________________________________ Landlord
_________________________________ Tenant
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LEGAL FORMS KIT 2
NOTICE TO TERMINATE TENANCY AT WILL
NOTICE TO TERMINATE TENANCY AT WILL
(Landlord)
Date:
To:
You are hereby notified to quit and deliver up no later than the end of the next month of your tenancy, beginning after this notice, those premises now held and occupied by you as my tenant, located at:
Very truly yours,
_______________________________ Landlord
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LEGAL FORMS KIT 2
NOTICE TO TERMINATE TENANT-AT-WILL
NOTICE TO TERMINATE TENANT-AT-WILL (Tenant)
Date:
To:
You are hereby notified that I, We, shall quit and
deliver up at the end of the next month of my (our) tenancy,
beginning after this notice, the premises now held by me as your
tenant, located at:
Very truly yours,
_____________________________ Tenant
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LEGAL FORMS KIT 2
NOTICE TO EXERCISE LEASE OPTION
NOTICE TO EXERCISE LEASE OPTION
Date:
To: <LESSOR>
Please be advised that the undersigned, as Lessee under a
certain lease under date of _____________, 19__, for
premises known as _________________________________ does hereby
exercise its option to extend or renew said lease for the next
option period commencing ______________,19__.
Very truly,
________________________________
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LEGAL FORMS KIT 2
NOTICE NON-PAYMENT OF RENT
NOTICE NON-PAYMENT OF RENT
Date:
To:
RE: Notice to Quit Premises - Non-Payment of Rent
You are hereby notified to quit and deliver up the
premises you now hold as our tenant, to wit:
in or within______ days of the receipt of this notice.
This notice is given due to non-payment of rent. The
present amount due for rent arrearage is $ _____________.
You may redeem your tenancy by full payment of said arrears
within_____ days of receipt of this notice.
Very truly yours,
________________________________ Landlord
Certified Mail Return Receipt Requested
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LEGAL FORMS KIT 2
PAGE 327 OF 423
LEGAL FORMS KIT 2
NOTICE ASSIGNMENT OF DEBT
NOTICE ASSIGNMENT OF DEBT
Date:
To:
RE: Assignment of Debt
You are hereby notified that ______________________
Creditor, has sold and assigned to the undersigned all rights to
its claim against you in the amount of $ _________.
All payments should be sent to the undersigned at its
address.
A copy of said assignment is enclosed herewith.
_____________________________________ NAME
_____________________________________ ADDRESS
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LEGAL FORMS KIT 2
FIRM PRICE QUOTE
FIRM PRICE QUOTE
Date:
To:
Dear
We are interested in purchasing ______________ units of _______________________. Would you please notify me of your firm unit price for the above goods as well as any firm discounted price for buying in volume.
All prices should be FOB our place of business and state the date on which the price quotation expires.
Very truly yours,
______________________________
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LEGAL FORMS KIT 2
NOTICE THAT DELIVERY WILL NOT BE MADE
NOTICE THAT DELIVERY WILL NOT BE MADE
Date:
To:
Dear :
We are in receipt of your order dated ___________, 19__,
for the goods attached to this letter. Please be advised that we
are unable to deliver the goods to you at this time because:
Very truly yours,
_____________________________
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LEGAL FORMS KIT 2
NOTICE OF DEFECTIVE GOODS
NOTICE OF DEFECTIVE GOODS
Date:
To:
We purchased a product sold or manufactured by you
described as :
This product is defective in the following particulars:
Nature of defect:____________________________
Injuries claimed: <If Any> _________________
This letter is provided to give you earliest possible
notice of our claim.
Very truly,
______________________________
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LEGAL FORMS KIT 2
NOTICE OF NON-CONFORMING GOODS
NOTICE OF NON-CONFORMING GOODS
Date:
To:
Dear :
We have received certain goods from you under the attached invoice. Some of the goods received do not conform to our specifications because:
Therefore, we reject these goods and demand a credit or cash refund. We will reship to you at your expense.
Very truly yours,
_____________________________
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LEGAL FORMS KIT 2
NOTICE TO ACCEPT NON-CONFORMING GOODS
NOTICE TO ACCEPT NON-CONFORMING GOODS
Date:
To:
Dear
On ____________, 19__, we received goods from
you shipped pursuant to our order of ____________, 19__, a
copy of which is attached. The goods received are non-conforming
or defective because:
Although the goods are defective or non-conforming, we
shall accept them provided you allow us a $__________
credit. Therefore, the price of the goods is $ _________.
We must hear from you immediately.
Very truly yours,
___________________________
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LEGAL FORMS KIT 2
NOTICE OF REJECTION OF GOODS
NOTICE OF REJECTION OF GOODS
Date:
To:
Dear :
On ___________, 19__, we received goods
ordered from you by memorandum dated ___________,19__. We hereby
reject the goods for the following reasons:
As the goods have been prepaid, please provide us with a
credit or refund. We will return the goods at your expense once
we receive your instructions.
Very truly yours,
_______________________________
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LEGAL FORMS KIT 2
NOTICE OF ELECTION TO RETURN
NOTICE OF ELECTION TO RETURN
To:
Please take notice of my election hereby to return to you
goods which I purchased from you on approval on ___________,19__
The goods consist of:
Date: ________________________________
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LEGAL FORMS KIT 2
MERCHANT BUYER'S REQUEST FOR INSTRUCTIONS AND DUTIES AS TO RIGHTFULLY REJECTED GOODS
MERCHANT BUYER'S REQUEST FOR INSTRUCTIONS AND DUTIES AS TO RIGHTFULLY REJECTED GOODS
Date:
To:
Please take notice that I do hereby notify you of my rejection of goods furnished to me by you under date of ______,19__ pursuant to our contract of ______________ for the following reasons:
kindly notify me forthwith as to the disposition to be made of them, otherwise I shall make every reasonable effort to sell them for your account inasmuch as they may decline in value.
______________________________
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LEGAL FORMS KIT 2
NOTICE OF BUYER'S DISPOSITION OF RIGHTFULLY REJECTED GOODS
NOTICE OF BUYER'S DISPOSITION OF RIGHTFULLY REJECTED GOODS
Date:
To:
On ____________,19__, I requested instructions from you as to the disposition to be made of the goods which you had delivered to me on ________,19___ but which I had rejected.
Having received no instructions from you, I am [storing the goods for your account] or [reshipping them to you] or [reselling them for your account].
_______________________
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LEGAL FORMS KIT 2
PAYMENT AGAINST DOCUMENTS WITH RESERVATION OF RIGHTS
PAYMENT AGAINST DOCUMENTS WITH RESERVATION OF RIGHTS
Payment is hereby made against the following documents:
reserving the right to recover payment in respect of any defects found to be present therein.
Dated: ________________________ (Signature)
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LEGAL FORMS KIT 2
NOTICE-CANCEL ORDER
NOTICE-CANCEL ORDER
Date:
To:
Reference is made to our purchase order or contract dated
_________,19__ and numbered, _______, a copy of which is enclosed.
Due to your failure to ship the goods within the time
required, we hereby cancel said order, reserving such further
rights we may have.
Very truly,
__________________________________
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LEGAL FORMS KIT 2
NOTICE OF BREACH OF WARRANTY
NOTICE OF BREACH OF WARRANTY
Please take notice that the goods:
furnished by you to me under our contract entered into by and between us at__________________ on __________,19__ are defective in the following respects:
and that I intend to assert all my legal rights in the premises.
[Moreover, I am being sued by __________________________ for breach of warranty for which you are answerable over to me. Please take notice, therefore, that you are to come in and defend said action: otherwise in any proceedings by me against you any determination of fact common to the two litigations will be binding upon you.
Dated: _________________________
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LEGAL FORMS KIT 2
REVOCATION OF ACCEPTANCE AFTER SELLER'S FAILURE TO CURE DEFECTS
REVOCATION OF ACCEPTANCE AFTER SELLER'S FAILURE TO CURE DEFECTS
Date:
To:
Please take notice that I hereby revoke my acceptance of
the goods which you delivered to me on _____________,19__ under
contract dated _____________,19__.
By:______________________
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LEGAL FORMS KIT 2
WAIVER OF BREACH
WAIVER OF BREACH
____________________ hereby waive the specific breach
hereinafter described, by _______________________ in violation of
the contract between us dated _____________,19__; said breach
consisting of the following:
This waiver is directed solely and exclusively to the foregoing
and none other whatsoever.
Dated: _____________________________
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LEGAL FORMS KIT 2
RENOUNCING CLAIM FOR BREACH
RENOUNCING CLAIM FOR BREACH Renunciation of Claim for Breach
l. I, ______________________, hereby renounce any cause
of action which I may have because of the breach committed on or
about ___________,19__ by ________________ of the contract between
us dated ________________.
2. I do not renounce any claim for any other breach that
may be hereafter committed and reserve my rights to the
following:
_______________________________
Date:______________
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LEGAL FORMS KIT 2
NOTICE-DISPUTED BALANCE
NOTICE-DISPUTED BALANCE
Date:
To:
We acknowledge receipt of your bill dated ___________,
19__, indicating an account balance of $_______________. We
dispute said balance because
____ Goods have not been received.
____No credit for prior payment made in the amount of $_________.
____ Goods were not ordered.
____ Goods were defective as per prior notice.
____ Goods are available for return as per our rights of return and credit.
____ Other
Please adjust our account.
Very truly,
____________________________
PAGE 344 OF 423
LEGAL FORMS KIT 2
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LEGAL FORMS KIT 2
SELLER'S OFFER TO ACCOMMODATE BUYER BY SHIPMENT OF NON-CONFORMING GOODS
SELLER'S OFFER TO ACCOMMODATE BUYER BY SHIPMENT OF NON-CONFORMING GOODS
I have this day shipped via ___________________________ to you at ___________________________ the following goods _______________________ in response to your order of:___________, 19__.
The goods I have sent you do not comply with your order in that they: (Describe)
but, I have sent them to you for your accommodation. The price of the goods I have sent you is $___________. If the goods I have sent you are not satisfactory to you return them to me freight collect.
We are at present out of the goods which you have ordered and do not expect to have a stock sufficient to fill your order until some time after ______________,19__.
______________________________
Date:_______________
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LEGAL FORMS KIT 2
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LEGAL FORMS KIT 2
NOTICE BY SELLER OF COMMENCEMENT OF PERFORMANCE
NOTICE BY SELLER OF COMMENCEMENT OF PERFORMANCE
Date: To:
Dear Sir:
You are hereby notified that on ____________,19___ we commenced the following work and shipment shall be made by __________,19__.
We will advise you as the work progresses and when we are ready to make shipment to you.
_____________________________
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LEGAL FORMS KIT 2
SELLER'S CONFORMATION OF ORDER
SELLER'S CONFORMATION OF ORDER
Date:__________, 19__, No._____
TO:
We hereby confirm your order for the following goods:
Terms of Shipment:
Delivery Date:
Delivery Point:
Terms of Payment:
All prices herein quoted are exclusive of sales, use, and other excise taxes. All such taxes, and any other taxes measured, in whole or part, by gross receipts applicable to this transaction are to be borne by the purchaser. All export, import and other duties, tariffs and customs shall be paid by the purchaser. If exemption is claimed by the purchaser from any of the foregoing, the purchaser shall furnish satisfactory proof of such exemption.
Receipt of the above is By_______________________ acknowledged this _________ day of ________, 19__. _________________________
By________________________
_________________________
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LEGAL FORMS KIT 2
SELLER'S AGREEMENT TO REPURCHASE
SELLER'S AGREEMENT TO REPURCHASE
Seller agrees that it will at any time upon receipt of a written request from Buyer, repurchase any of the following classes of goods sold by Seller to Buyer:
which are unused (except as they may be displayed for sale) and in the original shipping containers, at a price equal to______ percent of the original invoice price less return freight and shipping charges to Seller's warehouse at ____________________.
The Buyer may, without notice to Seller, assign his right require repurchase of all or any goods to any bank, finance company or other financier to whom any security interest in the goods, or any of them, may be granted, and in any such event, Seller will not assert as against any such bank, finance company or other secured party, any right of set-off, recoupment or counterclaim which may now exist or hereafter arise under or by virtue of any transaction between Seller and Buyer.
Seller shall not be obligated to repurchase any goods under this contract unless and until it shall have been furnished assurances which are in its opinion adequate to insure that the goods will be delivered to Seller free and clear of any and all liens, encumbrances, security interests and other claims of third parties to the goods.
Date: _________________________
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LEGAL FORMS KIT 2
SELLER'S DEMAND THAT BUYER SPECIFY BREACH
SELLER'S DEMAND THAT BUYER SPECIFY BREACH
Date:
TO:
Please furnish us promptly a full and final written statement of all defects on which you propose to rely to justify rejection of our shipment of:
which you have attempted to reject under your communication of:
______________________________
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LEGAL FORMS KIT 2
SELLER'S INSTRUCTIONS TO BUYER - REJECTED GOODS
SELLER'S INSTRUCTIONS TO BUYER REJECTED GOODS
Date:
To:
With respect to our shipment of _____________________ which you have notified us are being rejected, please comply with the following instructions:
________________________________
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LEGAL FORMS KIT 2
SELLER'S DEMAND FOR CONTROL OF LITIGATION
SELLER'S DEMAND FOR CONTROL OF LITIGATION
Date:
To:
Pursuant to the provisions of law the undersigned hereby agrees to bear all expenses of suit and satisfy any adverse judgment which may be entered against you in case No._______ in the _________________ wherein a claim has been asserted against you by ______________ and the undersigned further demands that you turn over control of the litigation to the undersigned, including our right to make any settlement we deem appropriate.
Please acknowledge your willingness to submit control of the litigation to the undersigned by executing a copy hereof in the space provided below and returning the same to the undersigned.
____________________________
ACCEPTED AND APPROVED THIS
_________day of _________, 19__.
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LEGAL FORMS KIT 2
FIRM OFFER TO SELL
FIRM OFFER TO SELL
Date:
To:
We hereby offer to sell to you the following: (Describe)
for the price of $_____________ and agree that this
offer will be held open for not more than ____________; your
acceptance to take effect as and from its receipt by me.
_________________________________
PAGE 355 OF 423
LEGAL FORMS KIT 2
MEMORANDUM FOR STATUTE OF FRAUDS
MEMORANDUM FOR STATUTE OF FRAUDS
Memorandum of Agreement made this_______day of
________________,19__ by and between __________________
Seller, and _______________________, Buyer for the sale of:
(Describe)
at the price of: $_______________, payable: (Describe)
Wherefore we hereunto set our hands and seals.
___________________________ Buyer
___________________________ Seller
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LEGAL FORMS KIT 2
PLEDGE - SALE OF BUSINESS
PLEDGE-SALE OF BUSINESS
Agreement made this _____day of ______, 19__ by and between _____________________("Debtor") and ____________________________________________("Secured Party").
The parties agree that :
1. The Debtor acknowledges receipt of _____________ ($_________ )Dollars as a purchase money loan from the Secured Party evidenced by a certain promissory note of even date, given as payment in the purchase of ______________________________ from said Secured Party.
2. The Debtor hereby pledges, assigns, transfers and sets over to the Secured Party all his right, title and interest in _________________________________________________________ as collateral security for the repayment of the loan. Said collateral is delivered herewith to be held by said Secured Party in pledge.
3. In the event of a default in the payment of the loan, the Secured Party is fully authorized and empowered, without notice to, and without demand for payment from, the Debtor, to sell the collateral at public or private sale provided, however, that should the proceeds from the sale of the collateral exceed the value of the then outstanding loan balance plus reasonable attorney's fees and costs, then the excess value of the proceeds shall be remitted to the Debtor.
Dated:
______________________________ _________________________________ Secured Party Debtor
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LEGAL FORMS KIT 2
NOTICE TO CREDITORS - PAYMENT IN FULL
NOTICE TO CREDITORS-PAYMENT IN FULL
Date:
To:
1. On ___________,19__, a bulk transfer of the goods of ________________, of _______________, will be made to _____________ of ___________________.
2. To the knowledge of the transferor, it has not done business under any other name during the last three years.
3. All debts of the transferor will be paid in full as they fall due as a part of this bulk transfer.
4. Creditors are directed to send all bills to the following: (Describe)
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LEGAL FORMS KIT 2
NOTICE OF CREDITORS - PARTIAL PAYMENT
NOTICE OF CREDITORS-PARTIAL PAYMENT
Date:
To:
1. On _________,19__, a bulk transfer of the goods of _______________,of _________________, will be made to _____________, of ____________________.
2. To the knowledge of the transferor, it has not done business under any other name during the last three years.
3. The debts of the transferor may not be paid in full as they fall due as a part of this bulk transfer.
4. The goods to be transferred in bulk consist of ________________ and are presently located at ________________.
5. The estimated total of the debts of transferor, is $__________.
6. The schedule of the transferor's property and the list of his creditors as required by the Uniform Commercial Code in connection with this bulk transfer may be inspected at _________________.
7. The bulk transfer contemplated is required to pay existing debts. The existing debts of transferor total and consist of the following:
Name of Creditor Amount
1. _____________________ __________________
2. _____________________ __________________
3. _____________________ __________________
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LEGAL FORMS KIT 2
8. The bulk transfer contemplated is made for a new consideration. ______________________ of _______________ to be paid on _______________, at ____________, at _______________.
9. Creditors are directed to send all bills and claims to the following: _______________________________________________________________
_______________________________ (Signature)
PAGE 360 OF 423
LEGAL FORMS KIT 2
ESCROW AGREEMENT FOR BULK SALES
ESCROW AGREEMENT FOR BULK SALES
Date:
To:
Gentlemen:
Pursuant to the terms and provisions of that certain agreement for the sale of the business of___________________ _______________________ (hereinafter called the "Agreement") between __________________(hereinafter called "Seller") and ___________________(hereinafter called "Buyer"), a copy of which Agreement is attached hereto and hereby made a part hereof, there is deposited with you the following: (Describe)
(hereinafter called the "Fund"). The Fund is to be held and administered by you, subject to the following terms and conditions: (Describe)
1. The Fund shall be invested from time to time in an interest bearing account.
2. If, prior to the termination time (as hereinafter defined), Buyer shall notify you in writing of any breach of warranty with respect to the indebtedness of Seller to its creditors under the terms and provisions of the Agreement and such notice shall specify the amount which Buyer shall claim is due and owing to Buyer by virtue of such breach of claim of breach, you shall, within ten days from and after the receipt of such notice from Buyer, notify Seller in writing of such claim by sending written notice thereof by registered mail, return receipt requested, to Buyer at the following address: __________________ ____________________________ and if Seller shall not have delivered to you, prior to the close of business on the 15th day from and after the date on which you shall have notified Seller of the claim of Buyer, sufficient funds from Seller's own sources
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LEGAL FORMS KIT 2
other than the Fund to pay and discharge the amount of the claim asserted by Buyer in consequence of a breach, or alleged breach, of warranty by Seller under the Agreement with respect to the indebtedness of Seller to its creditors under the Agreement, you shall, out of the assets and monies held by you in the Fund, pay to Buyer the amount claimed by Buyer in the notice which it shall have first sent to you under the terms and provisions of this paragraph.
3. In lieu of delivering to you, from its own sources other than the Fund, sufficient monies to pay and discharge any claim asserted by Buyer in the manner provided in Paragraph No. 2 hereof, Seller may furnish to you, prior to the close of business on the 15th day following the day on which you shall have mailed notice to Seller of a claim asserted by Buyer under Paragraph No. 2 hereof, a written acknowledgment signed by Buyer that the asserted claim has been discharged to the satisfaction of Buyer.
4. Not later than thirty days from and after the close of business on the ___________day of __________, 19__ (which date is referred to herein as the "termination time"), you shall distribute to Buyer any and all monies and other assets then remaining in the Fund. Prior to such time you shall, however, out of the Fund, deduct all of your reasonable fees and expenses in administering the Fund.
5. You may resign by mailing written notice thereof to Buyer at _____________ and to Seller at _________________. In the event of any such resignation, Buyer may appoint (by written notice delivered to Seller at the above specified address) a successor escrow which shall be a national bank doing business in ___________________. Any successor or successors shall have all of the rights, obligations and immunities granted to you by the terms and provisions hereof.
6. Nothing herein contained shall constitute a limitation of any obligations of either Buyer or Seller under the Agreement otherwise.
7. This instrument and all of the terms, provisions and covenants herein set forth shall be binding upon Buyer and Seller and their respective heirs, executors, administrators, successors and assigns and shall inure to your benefit and to the benefit of your successors and assigns. No assignment by Seller of any rights hereunder or of any rights in and to the Fund shall be effective for any purpose and, notwithstanding any purported assignment by Seller, you shall be fully entitled to disregard any such purported assignment in administering the Fund and your
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LEGAL FORMS KIT 2
responsibilities hereunder.
DATED this _____day of ________, 19__.
____________________________ __________________________
We hereby acknowledge receipt of the following: _______________________________________________referred to in the above and foregoing letter and agree to hold, administer and distribute the same in accordance with all of the terms and provisions thereof.
By______________________________
________________________________
PAGE 363 OF 423
LEGAL FORMS KIT 2
REQUEST FOR EMPLOYMENT REFERENCE
REQUEST FOR EMPLOYMENT REFERENCE
Date:
To:
Dear:
Your former employee, ______________, has applied to our firm for employment as a ______________(name of position).
We are writing to request information concerning ____________________ (name of employee) including the following: (1) dates of employment; (2) rate of compensation; (3) performance evaluation; and (4) reason for termination of employment.
Would you also please state whether he/she would be eligible for reemployment with your firm.
Any information furnished by you will be held in strictest confidence.
Thank you for your kind attention and cooperation.
Very truly yours,
___________________________
PAGE 364 OF 423
LEGAL FORMS KIT 2
OFFER OF EMPLOYMENT
OFFER OF EMPLOYMENT
Date:
To:
Dear:
We are pleased to offer you employment with our firm in the position of _______________, commencing _________, 19__.
Your rate of compensation shall be $___________ per _________________. You will receive the following "fringe benefits":
If you decide to accept the written offer, please sign the enclosed copy of this letter and return same as soon as possible in the self addressed (stamped) envelope enclosed for your convenience.
On behalf of our firm, let me congratulate you and express our hopes that you will accept the within offer, as set forth above.
Very truly yours,
______________________________
ACCEPTED:
__________________________
PAGE 365 OF 423
LEGAL FORMS KIT 2
EMPLOYMENT AGREEMENT
EMPLOYMENT AGREEMENT
This Agreement for Employment is made this ________ day of _________, 19__, by and between _______________("Employer") and ________________("Employee").
For good and valuable consideration, receipt of which is hereby acknowledged the Employer shall employ as any Employee subject to the following terms and conditions.
1. The Employee shall commence employment on ___________, 19__.
2. The Employee shall perform the following duties and responsibilities:
The Employee shall perform such further and other duties as are required by the Employer.
3. The Employee shall work_______through_______ from ____ A.M. to ____P.M. and such additional hours as are required by the Employer for the Employee to competently perform the duties of his position. The Employee shall use his best efforts on behalf of the Employer.
4. The Employee shall comply with all stated standards of performance, policies, rules, regulations and manuals, receipt of which by the Employee is hereby acknowledged. The Employee shall also comply with such future Employer policies, rules, regulations, performance standards and manuals as may be published or amended from time to time.
5. The Employee's employment under this Agreement shall commence __________, 19___ and shall terminate on _________, 19__, unless terminated prior to such time for cause.
6. The Employer shall pay to the Employee as compensation for services, and the Employee agrees to accept the sum of $ __________ per year payable [choose one] (weekly, bi- weekly, monthly, bi-monthly) of $__________, and be entitled to the following "fringe benefits":
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LEGAL FORMS KIT 2
7. This contract of employment may terminate upon the occurrence of any of the following events: (a) the death of the Employee; (b) the failure of the Employee to perform his duties satisfactorily after notice or warning thereof; (c) for just cause based upon non-performance of duties by Employee; (d) economic reasons of the Employer which may arise during the term of this Agreement and which may be beyond the control of the Employer.
8. The Employee shall not, at any times during the period hereof, and for ____ years from the date of termination of this Agreement, directly or indirectly, within a geographic area of _____miles, engage in, or become involved in, any competitive or similar business as that of the within Employer.
9. Any dispute under this contract shall be required to be resolved by binding arbitration of the parties hereto. Each party shall select one arbitrator and both arbitrators shall select a third. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
10. This Agreement may not be assigned without prior notice by either party, and subject to the mutual consent and approval of any such assignment.
11. This Agreement constitutes the complete understanding between the parties, unless amended by a subsequent written instrument signed by the employer and employee.
____________________________ ___________________________ Employee Employer
PAGE 367 OF 423
LEGAL FORMS KIT 2
REJECTION LETTER
REJECTION LETTER
Date:
To:
Dear:
Thank you for your application to our firm for employment.
We regret to inform you that we are unable to offer you the employment position sought by you at this time.
We wish to thank you for your interest and wish you every success in your future endeavors.
Very truly yours,
____________________________
PAGE 368 OF 423
LEGAL FORMS KIT 2
WARNING NOTICE
WARNING NOTICE
Date:
To:
Dear:
On ___________, 19__, at ____________ we met to discuss your unsatisfactory performance. Specifically, we identified the following as being unsatisfactory:
In order to improve your performance, you should:
I will assist you in any way I can to remedy the problem; however, unless these matters can be corrected, I shall have no alternative but to undertake further disciplinary or corrective action, which may include suspension.
______________________________
I hereby acknowledge receipt of this warning:
______________________________ Employee
cc: Personal File
PAGE 369 OF 423
LEGAL FORMS KIT 2
SUSPENSION NOTICE
SUSPENSION NOTICE
Date:
To:
Dear:
On ________________,19__ you received written notice of certain performance deficiencies and a warning that unless your performance improved, further disciplinary action would be taken against you including possible suspension. Since then, I have attempted to assist you by:
however, your performance continues to be unsatisfactory, specifically, as follows:
Therefore, commencing ____________, 19__ and continuing through ___________, 19__ you are suspended from your duties, without compensation.
I shall attempt to assist you in remedying these problems; however, if uncorrected, I must inform you that any further disciplinary action taken against you may include the termination of your employment.
___________________________
I acknowledge receipt of this warning.
___________________________ Employee
cc: Personal File
PAGE 370 OF 423
LEGAL FORMS KIT 2
INVOLUNTARY DISCHARGE FROM EMPLOYMENT
INVOLUNTARY DISCHARGE FROM EMPLOYMENT
Date:
To:
Dear:
We regret to inform you that effective ___________, 19__, your employment with the Company is terminated for the following reason(s):
as of said date, you are required to vacate the premises with whatever personal possessions you may have.
Very truly yours,
_____________________________
I, hereby acknowledge receipt.
_____________________________ Employee
cc: Personal File
PAGE 371 OF 423
LEGAL FORMS KIT 2
EMPLOYEE NON-COMPETE AGREEMENT
EMPLOYEE NON-COMPETE AGREEMENT
In consideration of my being employed by_______________
(Company), I, the undersigned, hereby agree that upon the
termination of my employment and notwithstanding the cause of
termination, I shall not within an area of_________ miles from
____________ , compete with the business of the Company or its
successors or assigns _____________ , to wit: ___________________
and shall not directly or indirectly own, be employed by or work
on behalf of any firm engaged in the business of ________________
or any business substantially similar and competitive with the
Company.
This non-compete agreement shall remain in full force and
effect for__________ years commencing with the date of employment
termination.
Signed and sealed this_____ day of______________, 19__.
____________________________ Employee
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EMPLOYEE NON-COMPETE AGREEMENT (SPECIFIC ACCOUNTS)
EMPLOYEE NON-COMPETE AGREEMENT (Specific Accounts)
In consideration of my being employed by _______________
(Company), I, the undersigned, agree that upon the termination,
I shall not compete with the business of the Company, or its
successors or assigns and shall not directly or indirectly, or
in any capacity, on my own behalf or on behalf of any other
firm undertake or assist in the solicitation of any customer or
account of the Company existing during the course of my employ
with the Company.
This non-compete agreement shall remain in full force and
effect for _______ years commencing with the date of employment
termination.
Signed and sealed this_____ day of__________,19__.
_____________________________ Employee
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EMPLOYEE NON-COMPETE AGREEMENT (SPECIFIC LOCATION)
EMPLOYEE NON-COMPETE AGREEMENT (Specific Locations)
In consideration of my being employed by _____________
(Company), I, the undersigned, hereby agree that upon the
termination of my employment and notwithstanding the cause of
termination, I shall not compete with the business of the
Company or its successors or assigns, to wit:_____________
and shall not directly or indirectly, as an owner, officer,
director, employee, consultant, or stockholder, engage in the
business of _________________________ or a business
substantially similar or competitive to the business of the
Company.
This non-compete agreement shall extend only for a radius
of________ miles from the present location of the Company, and
shall be in full force and effect for________ years, commencing
with the date of employment termination.
Signed and sealed this_____day of _________, 19__.
__________________________ Employee
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RESIGNATION
RESIGNATION
Date:
To:
Effective __________________, 19__ I hereby resign from
employment with the company.
Very truly yours,
_____________________________
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LEGAL FORMS KIT 2
EMPLOYEE REIMBURSEMENT AGREEMENT
EMPLOYEE REIMBURSEMENT AGREEMENT
The undersigned employee of _________________________,
(Company), agrees to repay to the Company all compensation
payments or reimbursements that are disallowed, in whole or in
part, as a deductible expense by the Internal Revenue Service.
The reimbursement shall be made to the full extent of the
disallowance.
Signed and sealed this ________ day of _________, 19__.
_______________________________
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EMPLOYEE INVENTION AGREEMENT
EMPLOYEE INVENTION AGREEMENT
In consideration of the undersigned being employed by __________________________(Company); the undersigned hereby agrees as follows:
1. The undersigned, during the course of employment, shall promptly disclose in writing to the Company all inventions, discoveries, concepts, developments and innovations, conceived in whole or in part by the undersigned or through assistance of the undersigned, directly or indirectly and whether conceived or developed during working hours or not, which:
(a) Result from any work performed on behalf of Company, or pursuant to a research project for the Company, or
(b) Relate in any manner to the existing or contemplated business of the Company, or
(c) Result from the use of the Company's time, material, employees or facilities.
2. The undersigned hereby assigns to the Company, its successors and assigns, all right, title and interest to said inventions, concepts or innovations.
3. The undersigned shall, at the Company's request, execute specific assignments to any such invention concept or innovation and execute, acknowledge, and deliver any additional documents required to obtain letters,patent,trademark or copyright in any jurisdiction and shall, at the Company's request and expense, assist in the defense and prosecution of said letters,patent,trademark or copyright as may be required by Company. This provision shall survive termination of employ with the Company.
Signed and sealed this ______ day of __________, 19__.
_______________________________
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LEGAL FORMS KIT 2
Employee
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NOTICE OF ANNUAL MEETING
NOTICE OF ANNUAL MEETING
Notice is hereby given that the annual meeting of
___________________________, Inc. will be held on ___________, (name of corporation)
______________________, 19__, at _______________(A/P.M>), at
the offices of the corporation located at ___________________, (address of corporation)
for the transaction of any and all business that may legally come
before said meeting.
Executed this ________________day of ___________, 19__.
_____________________________ Clerk
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NOTICE OF MEETING OF DIRECTORS
NOTICE OF MEETING OF DIRECTORS
We, the undersigned, being all the members of the Board
of Directors of __________________________________, Inc. (name of corporation)
hereby give notice that a meeting of the Board of Directors was
held on ____________________, 19__, at ________________ at the
offices of the corporation located at _________________________,
transacted any and all business that legally came before said
meeting.
Executed this ___________day of _____________, 19__.
_____________________________
______________________________
______________________________
______________________________
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LEGAL FORMS KIT 2
NOTICE OF SPECIAL MEETING OF SHAREHOLDERS
NOTICE OF SPECIAL MEETING OF SHAREHOLDERS
We, the undersigned, being all of the shareholders of
___________________________________(name of corporation),
hereby give notice that a special meeting of the shareholders was
held on _______________, 19__, at _________________(time)
at the offices of the corporation located at
___________________________________________(address), and
transacted any and all business that legally came before said
meeting.
Executed this ___________day of ____________, 19___.
______________________________
_______________________________
_______________________________
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NOTICE OF SPECIAL MEETING OF DIRECTORS
NOTICE OF SPECIAL MEETING OF DIRECTORS
We, the undersigned, being all the Directors of
____________________________________(name of corporation),
hereby give notice that a special meeting of the Directors was
held on ______________, 19__, at ________________(time) at the
offices of the corporation located at _________________________
(address), and transacted any and all business that legally came
before said meeting.
Executed this ___________day of __________, 19__.
____________________________
____________________________
____________________________
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MINUTES OF ANNUAL MEETING OF STOCKHOLDERS
MINUTES OF ANNUAL MEETING OF STOCKHOLDERS
OF
_______________________________, INC. was duly held on _______,19_
at _____________. All of the Directors of the Corporation were
present and signed the Waiver of Notice which is on file
herewith.
On motion duly made and seconded it was voted:
1. That _____________________ be elected Director of
Corporation for the coming year; and
2. that _____________________ be elected for the coming
year.
3.
4.
There being no further business to come before the
meeting at this time, it was voted to adjourn.
ATTEST: _________________________ CLERK
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MINUTES OF MEETING OF DIRECTORS
MINUTES OF MEETING OF DIRECTORS
OF
______________________________, INC.
A Meeting of the Board of Directors of
____________________________________ INC. was duly held on
__________,19__ at _________________. All of the Directors of the
Corporation were present and signed the Waiver of Notice which is
on file herewith.
On motion duly made and seconded it was voted:
There being no further business to come before the
meeting at this time, it was voted to adjourn.
ATTEST: ______________________________ CLERK
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MINUTES OF SPECIAL MEETING
MINUTES OF SPECIAL MEETING
OF
________________________________, INC.
A Special Meeting of the Board of Directors of _______________
INC. was duly held on __________,19__ at ____________. All of the
_______________ of the corporation were present and signed the
Waiver of Notice which is on file herewith.
On motion duly made and seconded it was voted:
There being no further business to come before the
meeting at this time, it was voted to adjourn.
ATTEST: ___________________________ CLERK
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WAIVER OF NOTICE OF ANNUAL MEETING
WAIVER OF NOTICE OF ANNUAL MEETING
I, ____________________________, being the clerk of
___________________________, Inc., hereby waive notice of the
annual meeting of the Corporation to be held on ___________,
19__, at _______________(time), at the offices of the Corporation
located at _____________________________________.
____________________________ Clerk
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WAIVER OF NOTICE OF MEETING OF DIRECTORS
WAIVER OF NOTICE OF MEETING OF DIRECTORS
We, the undersigned, being all the Directors in
_______________________________(name of corporation) hereby
waive notice of a meeting of the Directors of said Corporation,
held at the offices of the Corporation located at
_______________________________(address of corporation) on
_________________, 19__, for the transaction of any and all
business that may legally come before said meeting.
Executed this ______day of _______,19__.
_______________________________
________________________________
________________________________
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LEGAL FORMS KIT 2
SPECIAL MEETING WAIVER OF NOTICE
SPECIAL MEETING WAIVER OF NOTICE
We, the undersigned, being all the _______________ in
_______________________(name of corporation), hereby waive
notice of a Special Meeting of said Corporation, held at the
offices of the Corporation located at
______________________________________(address of corporation),
on _____________________,19__, for the transaction of any and all
business that may legally come before said meeting.
Executed this ___________day of _______,19___.
____________________________
____________________________
____________________________
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LEGAL FORMS KIT 2
RESIGNATION OF DIRECTOR
RESIGNATION OF DIRECTOR
Date:
To:______________________Corporation
Dear:
I hereby resign as a Director of the Corporation,
effective forthwith.
Very truly yours,
__________________________
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RESIGNATION OF OFFICER
RESIGNATION OF OFFICER
Date:
TO: _____________________ (Corporation)
I hereby resign as __________________ of the Corporation
effective forthwith.
Very truly yours,
____________________________
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LEGAL FORMS KIT 2
MINUTES OF SPECIAL MEETING OF DIRECTORS
MINUTES OF SPECIAL MEETING OF DIRECTORS
OF
____________________________
A special meeting of the Board of Directors of the Corporation was held at the time, date and place set forth below.
All of the Directors being present, and _____________________________ to be treated as a "Small Business Corporation", upon motion duly made, seconded and unanimously voted, it was
RESOLVED, that the proper officers of the Corporation are hereby authorized to take any and all action necessary to comply with the requirements of the Internal Revenue Service for making an election pursuant to Sub Chapter S of the Internal Revenue Code, Sec. 1372, and it was further
RESOLVED, that the signing of these minutes by the Directors shall constitute full ratification thereof and waiver of notice of the meeting by signatories.
There being no further business to come before the meeting, upon motion duly made, seconded and unanimously voted, the meeting was adjourned.
Place:
Date:
Time:
_______________________________ Secretary
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____________________________ _______________________________ Chairman Director
___________________________ _______________________________ Director Director
Fill out and file form 2553 with IRS.
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LEGAL FORMS KIT 2
SECTION 1244 CORPORATION MINUTES OF BOARD OF DIRECTORS MEETING
SECTION 1244 CORPORATION MINUTES OF BOARD OF DIRECTORS MEETING OF
______________________________
A meeting of the Board of Directors of the Corporation was held on __________________, 19__ at ______ M. at _________________________________________________________. The following was presented to the meeting:
The Board of Directors have determined that the Corporation shall be organized and managed so that it is a "Small Business Corporation" as defined in IRC Sec. 1244 (c)(1), as amended, and so that the shares issued by the Corporation are "Section 1244 Stock" as defined in IRC Sec. 1244 (c)(1), as amended. Compliance with this section will enable shareholders to treat the loss on the sale or exchange of their shares as an "ordinary loss" on their personal income tax returns.
RESOLVED, that the proper officers of the Corporation are authorized to sell and issue common shares in an aggregate amount of money and other property (as a contribution to capital and as paid in surplus), which together with the aggregate amount of common shares outstanding at the time of issuance, does not exceed $l,000,000, and
RESOLVED, that the sale and issuance of shares shall be conducted in compliance with IRC Sec. 1244, so that the Corporation and its shareholders may obtain the benefits of IRC Sec. 1244, and further
RESOLVED, that the proper officers of the Corporation are directed to maintain such accounting records as are necessary so that any shareholder that experiences a loss on the transfer of common shares of the Corporation may determine whether they qualify for "ordinary loss" deduction treatment on their personal income tax returns.
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There being no further business to come before the meeting, upon motion duly made, seconded and unanimously voted, the meeting was adjourned.
______________________________ Secretary
____________________________ ______________________________ Chairman Director
___________________________ ______________________________ Director Director
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LEGAL FORMS KIT 2
MEDICAL CARE PLAN MINUTES OF SPECIAL MEETING OF DIRECTORS
MEDICAL CARE PLAN MINUTES OF SPECIAL MEETING OF DIRECTORS
OF
_________________________
A special meeting of the Board of Directors of the Corporation was held on _____________________, 19__ at _______.M at _______________________________________________________.
All of the Directors being present, it was moved to approve and adopt a medical care expense reimbursement plan. A copy of the plan was presented to those present and upon motion duly made, seconded and unanimously voted, it was
VOTED, that the "Medical Care Reimbursement Plan" presented to the meeting is hereby approved and adopted, that a copy of the plan shall be attached to these minutes, and that the proper officers of the Corporation are hereby authorized to take whatever action is necessary to implement the plan, and it is further
VOTED, that the signing of these minutes by the Directors shall constitute full ratification thereof and waiver of notice of the meeting by the signatories.
There being no further business to come before the meeting, upon motion duly made, seconded and unanimously voted, the meeting was adjourned.
______________________________ Secretary
______________________________ ______________________________ Chairman Director
_____________________________ ______________________________
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Director Director
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MEDICAL CARE REIMBURSEMENT PLAN OF
MEDICAL CARE REIMBURSEMENT PLAN OF ___________________
1. BENEFITS
The Corporation will reimburse all eligible employees for expenses incurred by themselves and their dependents, as defined in IRC #152, as amended, for medical care, as defined in IRC #213(e), as amended, subject to the conditions and limitations as hereinafter set forth. It is the intention of the Corporation that the benefits payable to eligible employees hereunder shall be excluded from their gross income pursuant to IRC #105, as amended.
2. ELIGIBILITY
3. LIMITATIONS
(a) The Corporation shall reimburse any eligible employee not more than $____________ in any fiscal year for medical care expenses.
(b) Reimbursement or payment provided under this Plan shall be made by the Corporation only in the event and to the extent that such reimbursement or payment is not provided under any insurance policy(ies), whether owned by the Corporation or the employee, or under any other health and accident or wage continuation plan. In the event that there is such an insurance policy or plan in effect, providing for reimbursement in whole or in part, then to the extent of the coverage under such policy or plan, the Corporation shall be relieved of any and all liability hereunder.
4. SUBMISSION OF PROOF
Any eligible employee applying for reimbursement under this Plan shall submit to the Corporation, at least quarterly, all bills for medical care, including premium notices for accident or health insurance, for verification by the Corporation
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prior to payment. Failure to comply herewith, may at the discretion of the Corporation, terminate such eligible employee's right to said reimbursement.
5. DISCONTINUATION
This Plan shall be subject to termination at any time by vote of the Board of Directors of the Corporation; provided, however, that medical care expenses incurred prior to such termination shall be reimbursed or paid in accordance with the terms of this Plan.
6. DETERMINATION
The president shall determine all questions arising from the administration and interpretation of the Plan except where reimbursement is claimed by the president. In such case determination shall be made by the Board of Directors.
Adopted by the Board of Directors on __________, 19__
_________________________________ Secretary
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VOTE SETTING OF SALARY
VOTE SETTING SALARY
RESOLVED, that the salary of ____________________ as
President of this Corporation hereby is fixed at the sum of
$___________ per month beginning with _____________ until the
further action of this Board of Directors.
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VOTE EXECUTION OF LEASE
VOTE EXECUTION OF LEASE
WHEREAS, there has been presented to and considered by this meeting a proposed lease from __________________, as Lessor, to this Corporation, as Lessee, covering the premises known as ___________________; and
WHEREAS, said proposed lease is for a term of ______ years, commencing __________ at the annual rental of $____________;
NOW, THEREFORE, BE IT RESOLVED, that the terms and conditions of the proposed lease presented to and considered by this meeting be and the same hereby are approved.
FURTHER RESOLVED, that the president and secretary of this Corporation be and they hereby are authorized to execute said lease in the name and on behalf of this corporation and in substantially the form approved at this meeting.
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RATIFICATION OF _____ MEETING OF
RATIFICATION OF ____________________ MEETING
OF
____________________________
We, the undersigned stockholders, having read the minutes
of the organization meeting of the Corporation held on
________________, 19__ do hereby ratify, approve and
confirm the actions taken and business transacted at said meeting
as reported in the minutes of the meeting.
Dated:
_______________________________ Stockholder
_______________________________ Stockholder
_______________________________ Stockholder
_______________________________ Stockholder
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LEGAL FORMS KIT 2
PARTNERSHIP AGREEMENT
PARTNERSHIP AGREEMENT
AGREEMENT made ____________, 19__ between ______________________ and ________________ of ____________.
1. NAME AND BUSINESS. The parties hereby form a partnership under the name of ___________________ to conduct a _______________________. The principal office of the business shall be in _____________________.
2. TERM. The partnership shall begin on ___________, 19__, and shall continue until terminated as herein provided.
3. CAPITAL. The capital of the partnership shall be contributed in cash by the partners as follows:
A separate capital account shall be maintained for each partner. Neither partner shall withdraw any part of his capital account. Upon the demand of either partner, the capital accounts of the partners shall be maintained at all times in the proportions in which the partners share in the profits and losses of the partnership.
4. PROFIT AND LOSS. The net profits of the partnership shall be divided equally between the partners and the net losses shall be borne equally by them. A separate income account shall be maintained for each partner. Partnership profits and losses shall be charged or credited to the separate income account of each partner. If a partner has no credit balance in his income account, losses shall be charged to his capital account.
5. SALARIES AND DRAWINGS. Neither partner shall receive any salary for services rendered to the partnership. Each partner may, from time to time, withdraw the credit balance in his income account.
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6. INTEREST. No interest shall be paid on the initial contributions to the capital of the partnership or on any subsequent contributions of capital.
7. MANAGEMENT DUTIES AND RESTRICTIONS. The partners shall have equal rights in the management of the partnership business, and each partner shall devote his entire time to the conduct of the business. Without the consent of the other partner neither partner shall on behalf of the partnership borrow or lend money, or make, deliver, or accept any commercial paper, or execute any mortgage, security agreement, bond, or lease, or purchase or contract to purchase, or sell or contract to sell any property for or of the partnership other than the type of property bought and sold in the regular course of its business.
8. BANKING. All funds of the partnership shall be deposited in its name in such checking account or accounts as shall be designated by the partners. All withdrawals therefrom are to be made upon checks signed by either partner.
9. BOOKS. The partnership books shall be maintained at the principal office of the partnership, and each partner shall at all times have access thereto. The books shall be kept on a fiscal year basis, commencing ______ and ending _______, and shall be closed and balanced at the end of each fiscal year. An audit shall be made as of the closing date.
10. VOLUNTARY TERMINATION. The partnership may be dissolved at any time by agreement of the partners, in which event the partners shall proceed with reasonable promptness to liquidate the business of the partnership. The partnership name shall be sold with the other assets of the business. The assets of the partnership business shall be used and distributed in the following order: (a) to pay or provide for the payment of all partnership liabilities and liquidating expenses and obligations; (b) to equalize the income accounts of the partners; (c) to discharge the balance of the income accounts of the partners; (d) to equalize the capital accounts of the partners; and (e) to discharge the balance of the capital accounts of the partners.
11. DEATH. Upon the death of either partner, the surviving partner shall have the right either to purchase the interest of the decedent in the partnership or to terminate and liquidate the partnership business. If the surviving partner
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elects to purchase the decedent's interest, he shall serve notice in writing of such election, within three months after the death of the decedent, upon the executor or administrator of the decedent, or, if at the time of such election no legal representative has been appointed, upon any one of the known legal heirs of the decedent at the last-known address of such heir.
(a) If the surviving partner elects to purchase the interest of the decedent in the partnership, the purchase price shall be equal to the decedent's capital account as at the date of his death plus the decedent's income account as at the end of the prior fiscal year, increased by his share of partnership profits or decreased by his share of partnership losses for the period from the beginning of the fiscal year in which his death occurred until the end of the calendar month in which his death occurred, and decreased by withdrawals charged to his income account during such period. No allowance shall be made for goodwill, trade name, patents, or other intangible assets, except as those assets have been reflected on the partnership books immediately prior to the decedent's death; but the survivor shall nevertheless be entitled to use the trade name of the partnership.
(b) Except as herein otherwise stated, the procedure as to liquidation and distribution of the assets of the partnership business shall be the same as stated in paragraph 10 with reference to voluntary termination.
13. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the rules, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
In witness whereof the parties have signed this Agreement.
_______________________________
_______________________________
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LEGAL FORMS KIT 2
JOINT VENTURE AGREEMENT
JOINT VENTURE AGREEMENT
AGREEMENT made ______________,19__ among:______________ _______________________________________________________________
RECITALS
The Joint Venturers have agreed to make contributions to a common fund for the purpose of acquiring and holding:_________________________________________________________ ___________________________________ called the business interest.
The Joint Venturers consider it advisable to acquire and hold their business interest through a nominee so as to avoid the necessity of numerous separate agreements, to maintain the legal title to the business interest in a simple and practicable form and to facilitate the collection and distribution of the profits accruing under the business interest, and has agreed to act as nominee of the Joint Venturers with the understanding that he is also acquiring a participating interest in this joint venture on his own account,
It is therefore agreed:
1. Purpose. The Joint Venturers form this joint venture to acquire and hold the business interest in common and to provide the finances required for its acquisition. To the extent set forth in this Agreement, each of the Joint Venturers shall own an undivided fractional part in the business. The Joint Venturers appoint as their agent ___________________, whose duty it shall be to hold each of the undivided fractional parts in the business interest for the benefit of and as agent for the respective Joint Venturers.
2. Contributions. The Agent acknowledges that he has received from each of the Joint Venturers, for the purpose of this joint venture, the sum set after the name of each Joint Venturer as follows:
Contribution to Name Joint Venture
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3. Acquisition of Business Interest. The Agent is authorized to acquire and hold in his own name, but on behalf of the Joint Venturers (of which the Agent is one), the business interest, and to pay $__________ for it as follows: $__________ in cash, and the balance of $__________ by a note in that amount. The note shall bear interest at the rate of ___%, shall be due and payable on ___________________, with prepayment privileges, and shall be secured by ____________________________________________ which the Agent is authorized to execute and deliver.
4. Profits. The Agent shall hold and distribute the business interest and shall receive the net profits as they accrue for the term of this Agreement or so long as the Joint Venturers are the owners in common of the business interest, for the benefit of the Joint Venturers as follows:
Name Proportion
_________________ _______________________
_________________ _______________________
_________________ _______________________
5. Expenses of Venture. All losses and disbursements incurred by the Agent in acquiring, holding and protecting the business interest and the net profits shall, during the period of the venture, be paid by the Joint Venturers, on demand of the Agent, in the ratio which the contribution of each Joint Venturer bears to the total contributions set forth in paragraph 2;
6. Liability of Agent. The Agent shall be liable only for his own willful misfeasance and bad faith and no one not a party to this Agreement shall have any rights whatsoever under this Agreement against the Agent for any action taken or not taken by him.
7. Term. This Agreement shall terminate and the obligations of the Agent shall be deemed completed on the happening of either of the following events:
(a) The receipt and distribution by the Agent of the final net profits accruing under the business interest.
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(b) Termination by mutual assent of all joint ventures.
8. Compensation of Agent. Unless otherwise agreed to in the future by a majority in interest of the Joint Venturers, the Agent shall not receive any compensation for services rendered by him under this Agreement.
In witness whereof the Agent and the Joint Venturers have signed and sealed this Agreement.
___________________________ _________________________
___________________________ _________________________
___________________________ _________________________
___________________________ _________________________
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LEGAL FORMS KIT 2
INDEPENDENT CONTRACTOR AGREEMENT
INDEPENDENT CONTRACTOR AGREEMENT
AGREEMENT, dated ___________,19__ between _________________________(hereinafter "the Corporation") and _________________________(hereinafter "the Independent Contractor").
Now, therefore, the parties hereto agree as follows:
1. EMPLOYMENT. The Corporation shall employ the Independent Contractor, and the Independent Contractor shall serve the Corporation upon the terms and conditions hereinafter set forth.
2. TERM AND EXTENSION. The employment of the Independent Contractor hereunder shall commence on ______________, 19__ and shall continue to and including _________________________. Subject to this Agreement continuing in full force and effect to and including __________________________________, the Independent Contractor shall have the right and option to continue this Agreement hereunder for an additional period commencing ____________,19___ and ending_________,19__ by giving the Corporation written notice not later than___________,19__ of his intentions to do so, and upon his exercising such option, all of the terms and conditions of this Agreement applicable thereto shall continue in full force and effect for such additional period.
3. DUTIES. During the period or periods of his employment hereunder, the Independent Contractor shall serve the Corporation and shall perform any and all general _________ services for residential property required or requested in connection with their business. Within the limitations hereinabove provided, the Independent Contractor will render such other advisory services in connection with the ________ services of the Corporation as may be requested from time to time by the officers or directors of the Corporation, without further compensation other than that for which provision is made in this Agreement.
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4. TIME REQUIREMENTS. The Independent Contractor shall devote during the period ending ____________,19__ not more than ______% of his entire time, energy, and skill to the duties of his employment hereunder and shall periodically, or at any time upon the request of the Corporation, submit data as to the time performed.
5. COMPENSATION. The Corporation shall pay to the Independent Contractor for his services sums in the aggregate amounting to $_______ or ______% per ____________ project, during the period of his employment hereunder. Such aggregate sums shall be paid upon satisfactory completion of any ______________________ project and from the proceeds received from the client for whom ___________________ services are rendered.
6. INDEMNIFICATION AND HOLD HARMLESS PROVISION. The Independent Contractor agrees hereby to indemnify and hold harmless the Corporation from any and all claims by the Independent Contractor which may arise out of and in the course of the performance of his duties hereunder. Any and all claims for unemployment benefits and or claims for workers' compensation benefits are hereby expressly waived by the within Independent Contractor who agrees to maintain separate policies of liability, health, and accident insurance as may be necessary or required by the Corporation in connection with the performance of its duties herein.
7. RELATIONSHIP BETWEEN PARTIES. The Independent Contractor is employed by the Corporation only for the purposes and to the extent set forth in this Agreement, and his relation to the Corporation shall, during the period or periods of his employment and services hereunder, be that of an independent contractor. The Independent Contractor shall be free to dispose of such portion of his entire time, energy, and skill during regular business hours as he is not obligated to devote hereunder to the Corporation in such manner as he sees fit and to such persons, firms, or corporations as he deems advisable. The Independent Contractor shall not be considered as having an employee status or as being entitled to participate in any plans, arrangements, or distributions by the Corporation pertaining to or in connection with any insurance, pension, stock, bonus, profit-sharing, or similar benefits for their regular employees.
8. PROFESSIONAL RESPONSIBILITY. Nothing in this Agreement shall be construed to interfere with or otherwise affect the rendering of services by the Independent Contractor in
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accordance with his independent and professional judgment. The Independent Contractor shall perform his services in a good and workmanlike manner and in accordance with generally accepted ________________ practices.
9. ENTIRE AGREEMENT. The within Agreement shall be construed in accordance with _______________________(State) law and shall constitute the entire Agreement between the parties.
In witness whereof, _____________________________ has caused this Agreement to be executed in its corporate name by its corporate officers, and _______________________________, the Independent Contractor hereunder, has set his hand and seal, as of this day and year first above written.
__________________________Seal Attest: _____________________________ By:
_____________________________
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LEGAL FORMS KIT 2
REAL ESTATE BROKER'S AGREEMENT
REAL ESTATE BROKER'S AGREEMENT
This Agreement is made this _______day of _____, 19__ between ________________as ("Principal") and _________________ as Real Estate Broker ("Broker").
Whereas, the Principal is the owner of real property with a post office address of ___________________________________ (the "Property").
Whereas, the Principal desires to employ the Broker for, and the Broker is willing to act for the Principal in, selling the Property.
Now therefore, in consideration of the mutual covenants and promises contained herein, it is agreed as follows:
1. The Principal shall employ the Broker as his exclusive agent to sell the Property for $__________ and upon the other terms and conditions contained herein.
2. The Broker accepts the appointment and shall use his best efforts to procure a ready, willing and able buyer of the Property in accordance with the terms of this Agreement.
3. The Principal shall refer all prospective purchasers of the Property to the Broker.
4. The Principal shall pay the Broker a fee of ______% of the purchase price accepted by the Principal if (a) the Broker procures a buyer ready, willing and able to purchase the Property upon the terms contained in this Agreement or upon other terms acceptable to the Principal; or (b) If the Property is purchased by anyone who was introduced to the Property by the Broker during the time of this Agreement, or any extension thereof, is in full force and effect; or (c) during the term of this Agreement, the Property is sold.
5. This Agreement shall commence on ___________,19__ and terminate on ___________,19__.
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Time is of the essence.
Signed under seal this ________day of _______, 19__.
___________________________ _________________________ Broker Principal
By:_________________________
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SALES AGENCY AGREEMENT
SALES AGENCY AGREEMENT
This Agreement is made this __________ day of ___________, 19__ in ________________, __________________ by _______________________["Principal"] and ________________ ["Agency"];
Whereas, the Principal is the owner and operator of a business known as _____________________ which is engaged in the business of _____________________________________________;
Whereas, the Principal desires to employ the Agent for, and the Agent is willing to act for the Principal in, selling ______________________________.
Now therefore in consideration of the mutual covenants and promises contained herein, it is agreed as follows:
1. The Principal shall employ the Agent as his _____________________ [sole and exclusive] [non-exclusive] Agent to solicit orders for the sale of _____________________, at the price(s) and on such other terms and conditions established by the Principal, in the following geographic area:
2. The Agent hereby accepts such appointment and agrees to devote his best efforts to solicit orders but shall have no authority, right or power to accept any order, or to assume or create any obligation on behalf of the Principal.
3. The Agent shall not engage in the selling of _____________________ for any competitor of the Principal.
4. In full compensation of the services of the Agent, the Principal shall pay the Agent ______ % of the sales price of all sales of ___________________ by Agent during the term of this agency. Said commission shall be paid __________________.
5. This Agency Agreement shall commence _____________, 19__ and terminate ________________, 19__ unless earlier terminated by the Principal for just cause or by the mutual agreement of the Principal and Agent.
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6. This Agency is personal and the Agent shall not sell, assign, convey or otherwise transfer his rights hereunder.
Dated:
_____________________________ ____________________________
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FORM OF LIMITED WARRANTY
FORM OF LIMITED WARRANTY
This equipment is warranted to be free from defects in both materials and workmanship. Should any part of this equipment be defective, it will be repaired or replaced, at option, free of charge (except incoming shipping charges) for a period of one (1) year from the date of original purchase. No charge will be made for parts or labor during this period. Proof of purchase (such as a copy of bill of sale or canceled check) must be submitted to obtain the benefits of this warranty.
This warranty is void of:
(a) the equipment has been damaged by negligence, accident or mishandling, or has not been operated in accordance with the procedures described in the operating instructions; or
(b) the equipment has been altered or repaired by other than__________________ an approved service station or one of the following factory service centers (approved service station list will be made available upon request), or adaptations or accessories other than ____________________ have been made or attached to the equipment which, in the determination of ________________ shall have affected the performance, safety, or reliability of the equipment.
NO OTHER WARRANTY EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY, APPLIES to the equipment, nor is any person or company authorized to assume any other warranty. __________________ does not assume any responsibility for any consequential damages occasioned by the equipment, or inconvenience or interruption in operation. No ________________ warranty shall extend the warranty period.
In case of unsatisfactory operation, the equipment should be sent directly (or through a ________________ authorized dealer) to a _____________ approved service station or one of the following factory service centers with a description of the problem. Please do not include personal material with the returned equipment as ________________ does not accept responsibility for these items. CERTAIN STATES PROHIBIT LIMITATION OF WARRANTIES. YOU
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MAY HAVE CERTAIN ADDITIONAL RIGHTS IN SOME STATES.
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WILL (SIMPLE FORM)
WILL (Simple Form)
LAST WILL AND TESTAMENT OF:_______________________
I, ______________________, a resident of __________________ County, declare that this is my will.
FIRST:
I revoke all Wills and Codicils that I have previously made.
SECOND:
I am not currently married. I have no children now living, nor have I any deceased children who died and left issue.
THIRD:
I give all my jewelry, clothing, household furniture and furnishings, personal automobiles and other tangible articles of a personal nature, or my interest in any such property not otherwise disposed of by this will or in any other manner together with any insurance on the property, to _________________ who presently resides at _____________________, _________________ if he or she survives me by thirty (30) days, and if he or she does not so survive me, then I give said property to ____________, who presently resides at ________________, and if she or he does not survive me by thirty (30) days, then to ______________________ who presently resides at _________________, otherwise to pass with the residency of my estate.
FOURTH:
I give the residue of my estate as follows:
1. To ______________________ who presently resides at __________________ should he or she survive me by thirty (30) days. <share and share alike>
2. If __________________ who presently resides at
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________________________, does not survive me by thirty (30) days, I give his or her interest to _________________ who presently resides at ___________________, and if she does not survive me by thirty (30) days, then to ____________________ who presently resides at ______________________ should he or she survive me by thirty (30) days, and if he or she should not so survive me, then I give the rest and residue of my estate to those persons who would have taken said property under the interstate laws of the state of ____________________. <Repeat if necessary>
FIFTH:
I nominate _____________________ who shall be represented by __________________ as Executor of this Will, to serve without bond. If he or she shall for any reason fail to qualify as Executor, I nominate ___________________________ who shall be represented by ________________ as Executor to serve without bond. The term "my Executor" as used in this Will shall include any personal representative of my estate.
I authorize my Executor to sell, with or without notice, at either public or private sale, and to lease any property belonging to my estate, subject only to such confirmation of court as may be required by law.
I authorize my Executor to invest and reinvest any surplus money in the Executor's hands in every kind of property, real, personal, or mixed and every kind of investment, specifically including but not limited to interest bearing accounts, corporate obligations of every kind, preferred or common stocks, shares of investment trusts, investment companies, mutual funds, or common trust funds, including funds administered by the Executor, and mortgage participations, that men of prudence, discretion, and intelligence acquire for their own account.
SIXTH:
I direct that all inheritance, estate, or other death taxes (excluding any additional tax imposed under Internal Revenue Code Section 2032A or any generation skipping transfer tax) that may be reason of my death, be attributable to my probate estate or any portion of it, or to any property or transfers of property outside my probate estate, shall be paid by my Executor out of the residue of my estate disposed of by this Will, without adjustment among the residuary beneficiaries, and shall not be charged against or collected from any beneficiary of
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my probate estate, or from any transferee or beneficiary of any property outside my probate estate.
SEVENTH:
If any beneficiary under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate given to the contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without issue.
I subscribe my name to this Will on _________,19__, at __________________________.
________________________________
On the date written below, ________________________ declared to us, the undersigned, that this instrument, consisting of these few pages including the page signed by us as witnesses, was his or her Will and requested us to act as witnesses to it. He or she thereupon signed this Will in our presence, all of us being present at the same time. We now, at his or her request, in his or her presence and in the presence of each other, subscribe our names as witnesses.
Each states that the testator is not a minor and appears to be of sound mind and that we have no knowledge or any facts indicating that the foregoing instrument, or any part of it, was procured by duress, menace, fraud or undue influence.
We, each of himself or herself, declare that each of us is over the age of majority, and that each of us is, and the others appear to be of sound mind.
We, each for himself or herself, declare under penalty of perjury that the foregoing is true and correct and that this attestation and this declaration are executed on the __________ day of ____________, 19__ at ________________, _______________________.
____________________________ residing at _____________________
____________________________ residing at ______________________
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___________________________ residing at _______________________
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