Rent to Own Lease Residential Agreement 866am2yu9!07!23

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LEASE TO PURCHASE OPTION AGREEMENT

This Lease to Purchase Option Agreement (“Option to Purchase Agreement”) is


made on [Date] between [Landlord Name] (the “Seller/Landlord”) and [Tenant
Name] (the “Buyer/Tenant”) Hereinafter known as the “Parties”.

WHEREAS, Seller/Landlord is the fee owner of certain real property being, lying and
situated in [Country Name] County, [State Name] [State], such real property
having a street address of [Street Address] (the “Property”).

WHEREAS, Seller/Landlord and Buyer/Tenant have together executed a prior lease


agreement, the subject of which is the aforementioned Property (the “Lease
Agreement”).

NOW, THEREFORE, for and in consideration of the covenants and obligations


contained herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Seller/ Landlord hereby grants to
Buyer/Tenant an exclusive option to purchase the aforementioned “Property.”

The parties hereto hereby agree as follows:

1. RENT:

Tenant shall pay Landlord the annual rent of [Reason] Dollars ($[Amount]) during
said term, in monthly payments of [Reason] Dollars ($[Amount]), each payable
monthly on the ____ day of each month in advance at such place as we may from
time to time specify by written notice to you. Tenant shall pay a security deposit of
[Reason] Dollars ($[Amount]) to be returned upon termination of this Lease and
the payment of all rents due and performance of all other obligations.

2. UTILITIES AND SERVICES:

Tenant shall at its own expense provide the following utilities or services: Tenant
must pay promptly as they become due all charges for furnishing

[Utilities and Services]

[specify, e.g., water, electricity, garbage service, and other public utilities]

to the premises during the lease term.

Landlord shall at its expense provide the following utilities or services:

pg. 1
[Utilities and Services]

Landlord does not warrant the quality or adequacy of the utilities or services
specified above, nor does Landlord warrant that any of the utilities or services
specified above will be free from interruption caused by repairs, improvements, or
alterations of the building or the premises or any of the equipment and facilities of
the building, any labor controversy, or any other causes of any kind beyond
Landlord's reasonable control. Any such interruption--and any other inability on
Landlord's part to fulfill Landlord's lease obligations resulting from any such
cause--will not be considered an eviction or disturbance of Tenant's use and
possession of the premises, or render Landlord liable to Tenant for damages, or
relieve Tenant from performing Tenant's lease obligations.

3. TENANT FURTHER AGREES THAT:

a) Condition of Premises: Upon the expiration of the Lease it shall return


possession of the leased premises in its present condition, reasonable wear
and tear, fire casualty excepted. Tenant shall commit no waste to the leased
premises.
b) Assignment or Subletting: Tenant shall not assign or sublet said premises or
allow any other person to occupy the leased premises without Landlord's
prior written consent.
c) Alterations: Tenant shall not make any material or structural alterations to
the leased premises without Landlord's prior written consent.
d) Compliance with Law: Tenant shall comply with all building, zoning and
health codes and other applicable laws for the use of said premises.
e) Tenant’s Conduct: Tenant shall not conduct on premises any activity deemed
extra hazardous, or a nuisance, or requiring an increase in fire insurance
premiums.
f) Pets: Tenant shall not allow pets on the premises.
g) Right of Termination and Re-Entry: 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 re-claim possession of the leased premises, in
addition to such other remedies available to Landlord arising from said
breach.

4. OPTION TERM.

pg. 2
The option to purchase period commences on [Date] and expires at 11:59 PM
[Date]

5. NOTICE REQUIRED TO EXERCISE OPTION.

To exercise the Option to Purchase, the Buyer/ Tenant must deliver to the
Seller/Landlord written notice of Buyer/Tenant’s intent to purchase. In addition, the
written notice must specify a valid closing date. The closing date must occur
before the original expiration date of the Lease Agreement, or the date of the
expiration of the Option to Purchase Agreement designated in paragraph 1,
whichever occurs later.

6. OPTION CONSIDERATION.

As consideration for this Option to Purchase Agreement, the Buyer/ Tenant shall
pay the Seller/Landlord a non-refundable fee of [Reason] Dollars ($[Amount]),
receipt of which is hereby acknowledged by the Seller/Landlord. This amount shall
be credited to the purchase price at closing if the Buyer/Tenant timely exercises
the option to purchase, provided that the Buyer/Tenant: (a) is not in default of the
Lease Agreement, and (b) closes the conveyance of the Property. The
Seller/Landlord shall not refund the fee if the Buyer/Tenant defaults in the Lease
Agreement, fails to close the conveyance, or otherwise does not exercise the
option to purchase.

7. PURCHASE PRICE.

The total purchase price for the Property is [Reason]_ Dollars ($[Amount]),
Provided that the Buyer/Tenant timely executes the option to purchase, is not in
default of the Lease Agreement, and closes the conveyance of the Property, the
Seller/Landlord shall credit towards the purchase price at closing the sum of
[Reason] Dollars ($[Amount]), from each monthly lease payment that the
Buyer/Tenant timely made. However, the Buyer/Tenant shall receive no credit at
closing for any monthly lease payment that the Seller/ Landlord received after the
due date specified in the Lease Agreement.

8. EXCLUSIVITY OF OPTION.

This Option to Purchase Agreement is exclusive and non-assignable and exists


solely for the benefit of the named parties above. Should Buyer/Tenant attempt to
assign, convey, delegate, or transfer this option to purchase without the
Seller/Landlord’s express written permission, any such attempt shall be deemed
null and void.

pg. 3
9. CLOSING AND SETTLEMENT.

Seller/Landlord shall determine the title company at which settlement shall occur
and shall inform Buyer/Tenant of this location in writing. Buyer/Tenant agrees that
closing costs in their entirety, including any points, fees, and other charges
required by the third-party lender, shall be the sole responsibility of Buyer/Tenant.
The only expense related to closing costs apportioned to Seller/Landlord shall be
the pro-rated share of the ad valorem taxes due at the time of closing, for which
Seller/Landlord is solely responsible.

10. FINANCING AVAILABILITY.

SELLER/LANDLORD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE


AVAILABILITY OF FINANCING REGARDING THIS OPTION TO PURCHASE.
BUYER/TENANT IS SOLELY RESPONSIBLE FOR OBTAINING FINANCING IN ORDER TO
EXERCISE THIS OPTION.

11. FINANCING DISCLAIMER.

The parties acknowledge that it is impossible to predict the availability of obtaining


financing towards the purchase of this Property. Obtaining financing shall not be
held as a condition of performance of this Option to Purchase Agreement. The
parties further agree that this Option to Purchase Agreement is not entered into in
reliance upon any representation or warranty made by either party.

12. REMEDIES UPON DEFAULT.

If Buyer/Tenant defaults under this Option to Purchase Agreement or the Lease


Agreement, then in addition to any other remedies available to Seller/Landlord at
law or in equity, Seller/Landlord may terminate this Option to Purchase by giving
written notice of the termination. If terminated, the Buyer/Tenant shall lose
entitlement to any refund of rent or option consideration. For this Option to
Purchase Agreement to be enforceable and effective, the Buyer/Tenant must
comply with all terms and conditions of the Lease Agreement.

13. COMMISSION.

No real estate commissions or any other commissions shall be paid in connection


with this transaction.

14. RECORDING OF AGREEMENT.

pg. 4
Buyer/Tenant shall not record this Option to Purchase Agreement on the Public
Records of any public office without the express and written consent of
Seller/Landlord.

15. ACKNOWLEDGMENTS.

The parties are executing this Option to Purchase Agreement voluntarily and
without any duress or undue influence. The parties have carefully read this Option
to Purchase Agreement and have asked any questions needed to understand its
terms, consequences, and binding effect and fully understand them and have been
given an executed copy. The parties have sought the advice of an attorney of their
respective choice if so desired prior to signing this Option to Purchase Agreement.

16. TIMING.

Time is of the essence in this Option to Purchase Agreement.

17. GOVERNING LAW AND VENUE.

This Option to Purchase Agreement shall be governed, construed and interpreted


by, through and under the Laws of the State of Alabama. The parties further agree
that the venue for any and all disputes related to this Option to Purchase shall be
[Country Name] (County), [State Name] (State).

18. OPTION TO PURCHASE CONTROLLING.

In the event a conflict arises between the terms and conditions of the Lease
Agreement and the Option to Purchase Agreement, the Option to Purchase
Agreement shall control.

19. ENTIRE AGREEMENT; MODIFICATION.

This document sets forth the entire agreement and understanding between the
parties relating to the subject matter herein and supersedes all prior discussions
between the parties. No modification of or amendment to this Option to Purchase
Agreement, nor any waiver of any rights under this Option to Purchase Agreement,
will be effective unless in writing signed by the party to be charged.

pg. 5
[Signature] [Date]
Seller/Landlord’s Signature Date

[Name]
Print Name

[Signature] [Date]
Seller/Landlord’s Signature Date

[Name]
Print Name

[Signature] [Date]
Buyer/Tenant’s Signature Date

[Name]
Print Name

[Signature] [Date]
Buyer/Tenant’s Signature Date

[Name]
Print Name

[Signature] [Date]
Agent’s Signature Date

[Name]

pg. 6
Print Name

[Signature] [Date]
Witness’s Signature Date

[Name]
Print Name

pg. 7

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