APRIL FOOLS, INC., a corporation organized and existing under the laws of the State of Maine, hereinafter referred to as Lessor, hereby leases to [APPLICANT 1] and [APPLICANT 2], hereinafter singularly or collectively referred to as Lessee, property located at [PROPERTY ADDRESS] and described in a deed to April Fools, Inc. dated [DATE] and recorded in the Penobscot County Registry of Deeds in Book [BOOK NUMBER], Page [PAGE NUMBER], hereinafter referred to as the premises. A copy of the legal description for the premises is attached hereto as Exhibit A. This lease shall be on the following terms and conditions:
1. Term: The term of this lease shall be twelve (12) months from [DATE].
2. Renewal: At the option of Lessee, this lease may be renewed for up to two (2) additional twelve (12) month terms, upon all of the terms and conditions stated herein, including rent, provided, however, that:
A. Expiration if Lessee is not Current. This lease will automatically expire at the end of any term, and may not be renewed, if Lessee is not then current in all amounts payable to Lessor hereunder.
B. Expiration if Lessee Late in Payments. This lease will automatically expire, and may not be renewed, at the end of any term during which Lessee has, during three (3) or more months during said term, been ten (10) or more days late in making any payments due hereunder.
C. Exercise of Renewal Option. This lease will automatically expire, and may not be renewed, unless, at least thirty (30) days prior to the expiration of any term, Lessee notifies Lessor in writing of his/her intention to exercise a right of renewal.
3. Holdover: If, with the consent of Lessor, Lessee holds over after the end of a term without having given written notice of an intention to renew, or if, with the consent of Lessor, Lessee holds over after the expiration of all terms provided for hereunder, Lessee shall hold the premises on a month-to-month basis under the terms, obligations and conditions of this lease, with the exception of rent, which may be adjusted by Lessor upon thirty (30) days notice to Lessee.
4. Rent:
(1) Base rent: The base rent shall be $[PRINCIPAL AND INTEREST FROM EXHIBIT D] per month.
(2) Taxes: In addition to the base rent, Lessee shall pay to Lessor each month an amount equal to one-twelve (1/12) of the annual real estate taxes assessed against the property. This amount shall increase or decrease as the real estate taxes assessed against the property are increased or decreased. Lessor shall give Lessee thirty (30) days advance notice in writing of any increase or decrease in the amount paid under this paragraph. The initial monthly amount to be paid under this paragraph shall be $[1/12 OF ANNUAL TAXES].
(3) Insurance: Also in addition to the base rent, Lessee shall pay to Lessor each month an amount equal to one-twelve (1/12) of the annual cost to Lessor of maintaining hazard insurance on the property. This amount shall increase or decrease as the cost of said insurance increases or decreases. Lessor shall give Lessee thirty (30) days advance notice in writing of any increase or decrease in the amount paid under this paragraph. The initial monthly amount to be paid under this paragraph shall be $[1/12 OF ANNUAL INSURANCE]. NOTICE TO LESSEE: The insurance to be maintained by Lessor shall be hazard insurance only and shall not be so called renters’ insurance. Should it be desired by Lessee, renters’ insurance shall have to be separately obtained by Lessee. Hazard insurance will not cover Lessee’s personal property.
B. Rent Date. Rent shall be payable on or before the [DATE]th day of each month beginning [DATE].
C. Late Rent. If rent payment is late, Lessee shall pay, in addition to the regular rent, a penalty in the amount of four percent (4%) of the rent due for one (1) month.
5. Returned Checks: Lessee shall pay to Lessor the sum of twenty-five dollars ($25.00) for each of Lessee's checks returned to Lessor for insufficient funds or for any other reason.
6. Option:
A. Grant and Consideration. In consideration of [DOWNPAYMENT] ($[DOWNPAYMENT]) paid by Lessee to Lessor, Lessor hereby grants to Lessee the exclusive right and option to purchase the premises for the sum of [PURCHASE PRICE] ($[PURCHASE PRICE]) in accordance with the terms set forth herein and in the contract for sale of real estate attached hereto as Exhibit B and made a part hereof.
B. Expiration Date. This option shall expire at 3:00 p.m. ninety (90) days prior to the expiration of the original term of this lease or any renewal term, provided, however, that:
(1) If the date of expiration is a Saturday, Sunday or legal holiday recognized by the State of Maine, then this option shall expire on the next business day thereafter.
(2) This option may not be exercised at any time that Lessee is not then current in all amounts payable to Lessor hereunder.
(3) This option will automatically expire and may not thereafter be exercised if Lessee has on three (3) or more occasions, during the initial term of this lease or during any renewal term, been ten (10) or more days late in making any payments due hereunder.
C. Notice of Exercise. This option may be exercised prior to the expiration date by Lessee by giving written notice, signed by Lessee, to Lessor by certified mail, postage prepaid, prior to the expiration of the option at Lessor's address of Post Office Box 908, Brewer, Maine 04412-0909 or at such other address as Lessor shall specify by instrument in writing.
D. Failure to Exercise. If Lessee fails to exercise this option, the consideration of [DOWNPAYMENT] ($[DOWNPAYMENT]) shall be retained by Lessor, except as provided in Paragraph H, and neither party shall have any further rights or claims against the other except that Lessor shall retain any rights or claims it may have for unpaid rent, for Lessee’s damage to the premises or for Lessee’s violation of this lease.
E. Exercise. If Lessee exercises this option, Lessor and Lessee shall respectively become Seller and Buyer as set forth in the contract for sale of real estate which is attached hereto as Exhibit B, and they agree to perform their obligations therein contained.
F. Credit Toward Purchase Price. In the event that Lessor exercise the option to purchase the premises, at the time of closing there shall be credited toward the purchase price:
(1) One hundred percent (100%) of the consideration of [DOWNPAYMENT] ($[DOWNPAYMENT]) paid for this option.
(2) Those amounts denominated as “principal” for each rental payment made in accordance with the amortization schedule attached hereto as Exhibit D.
G. Assignment. This option shall not be assigned without the written consent of Lessor.
H. Representation of Title. As an inducement to the payment for this option, Lessor represents that it is the owner of marketable title to the premises. If, upon Lessee's exercise of this option, Lessor shall be unable to convey to Lessee marketable title, free and clear of all liens and encumbrances, Lessee shall be entitled to a full refund of the [DOWNPAYMENT] ($[DOWNPAYMENT]) paid for this option.
7. Surrender: At the end of the term or upon termination of this lease, Lessee shall surrender the premises to Lessor peaceably and quietly and in as good condition as same are now, except for reasonable wear and tear, or shall reimburse Lessor the cost of restoring the premises in such condition.
8. Inspection: Lessee has been encouraged to seek information from qualified professionals concerning any specific issue or concern about the condition of the subject property. Lessee has had the opportunity to have any such inspections performed. In the absence of any inspection, Lessee is relying completely on Lessee’s own opinion as to the condition of the property.
10. Condition of Premises: After having had the opportunity to personally examine the leased premises, by executing this lease, Lessee acknowledges that, as of the date of this lease:
A. General Condition. The general condition of the premises is good, except as follows:
1. N/A
B. Smoke Detectors. AT THE TIME OF SIGNING THIS LEASE THERE ARE [NUMBER] ([NUMBER]) HARD WIRED SMOKE DETECTORS AND [NUMBER] ([NUMBER]) BATTERY OPERATED SMOKE DETECTORS IN THE PREMISES. LESSEE ACKNOWLEDGES THAT SAID SMOKE DETECTORS HAVE BEEN TESTED IN HIS/HER PRESENCE, THAT ALL SAID SMOKE DETECTORS WORK AND THAT THE BATTERIES IN ANY BATTERY OPERATED SMOKE DETECTORS HAVE BEEN CHANGED. AT NO TIME SHALL LESSEE DISENGAGE OR DISABLE ANY SMOKE DETECTOR. LESSEE SHALL BE FULLY RESPONSIBLE FOR THE COST OF REPAIRING OR REPLACING ANY SMOKE DETECTOR THAT HE/SHE HAS DISABLED OR TAMPERED WITH IN ANY WAY AND FOR ANY REQUIRED BATTERY REPLACEMENT. IF LESSEE TAMPERS WITH A SMOKE DETECTOR AND INTERFERES WITH ITS FUNCTIONING, LESSEE COULD BE CHARGED WITH A CLASS E CRIMINAL OFFENSE, PUNISHABLE BY UP TO A $1,000 FINE AND UP TO 6 MONTHS INCARCERATION.
11. Heating: Lessee shall be responsible for heating the premises. To that end, Lessee shall arrange for and maintain automatic delivery service and shall take all steps necessary to ensure that any gas or oil supply associated with the premises is always maintained at one-quarter (1/4) tank or greater. Should Lessee allow said fuel supply to run empty, Lessee shall pay for all repairs or cleaning necessitated thereby. Lessee shall further ensure that the heat within the premises is always maintained at a temperature sufficient to prevent the freezing of water pipes. Should Lessee fail to maintain such sufficient temperature, Lessee shall be liable for all damages caused thereby.
12. Other Utilities: Lessee shall pay for all other utilities used in connection with Lessee's occupation of the premises, including but not limited to electricity, cable television, telephone, natural gas, water and sewer. Lessee shall pay all utility payments when they are due. Lessee shall take all steps necessary to prevent the premises from becoming encumbered by a utility lien. Should the premises become so encumbered, this lease shall automatically terminate, Lessee shall vacate the premises and Lessee shall remain liable for paying all costs associated with the discharge of any lien.
13. Maintenance and Repairs of Premises: Lessee shall be solely responsible for all maintenance and repairs, including structural repairs, of the premises during the term, including any renewal term, of this lease. Lessee shall promptly perform or cause to be performed all necessary repairs and shall maintain the premises in a clean, safe and sanitary manner. Lessor is not required to maintain or repair the premises in any manner.
14. Snow and Ice Removal: Lessee shall be solely responsible for all necessary or desired removal of snow, ice or slush from any porch, walkway or driveway associated with the premises. Lessor shall have no responsibility whatsoever for removal, sanding or salting of any snow, ice or slush on any grounds, driveways, parking lots, walkways, steps or porches located on or about the premises nor shall Lessor assume liability for any injuries caused by the failure of any person to so remove snow or ice from such areas.
15. Termination:
A. By Lessee. Lessee may terminate this lease by giving to Lessor thirty (30) days prior written notice.
B. By Lessor. Lessor may terminate this lease by:
(1) by giving a seven (7) day notice of eviction if (a) Lessee is seven (7) days in arrears in rent; (b) Lessee allows or creates any noise by himself or his family, pets or invitees in or around the premises so as to disturb the any neighbors in any unreasonable manner; (c) it is determined that any information provided by Lessee in Lessee's tenant application is false; (d) Lessee has violated any provision of this lease; (e) this lease has terminated by its terms.
16. Notices: All notices referred to in this lease, including notices to terminate and notices of rent increases, shall be deemed received and effective provided they are given in the following manner:
(a) Notices to Lessor shall be:
(i) Mailed, first class United States postage prepaid, to Richway Associates, Post Office Box 908, Brewer, Maine 04412-0908;
(ii) delivered in hand to its agent, Richard D. Violette, Jr.
(b) Notices to Lessee shall be:
(i) mailed, first class United States postage prepaid, to Lessee’s last known mailing address; or
(ii) delivered in hand to Lessee; or
(iii) taped to an entry door of the subject property..
17. Conditions:
A. Limitations on Lessee. Lessee shall not:
(1) Assign this lease or sublet or transfer possession of the premises or give accommodation to lodgers or use the premises other than for a single family residence for Lessee and Lessee's immediate family.
(2) Allow or create any noise by himself or his family or invitees in or about the premises so as to disturb any neighbors in any unreasonable manner.
(3) By himself or his family or invitees commit any act which constitutes the basis for a seven (7) day eviction under Title 14 M.R.S.A. § 6002(1), as the same may be amended.
(4) Store any items in, on or about the premises in any manner that violates any law, code or ordinance.
B. Obligations of Lessee. Lessee shall:
(1) Keep the premises and appliances furnished by Lessor in a clean and sanitary condition and pay for any damage thereto caused during the term of this lease.
(2) Pay rent on the rent day without requiring a statement.
(3) Permit Lessor, its agents or representatives to enter the premises at all reasonable hours to examine same or to do such work as may be deemed necessary by Lessor or to show the premises for reletting or for any other reason in the best interest of Lessor (Lessee shall be entitled to twenty-four (24) hour prior notice for entry of premises except for entry for emergencies).
(4) Be solely responsible for insuring Lessee's personal property.
(5) Pay for damages to the premises caused in any manner by Lessee or Lessee's family, guests, invitees or pets.
(6) Keep any pets to which Lessor has consented clean, free of fleas, quiet and under control at all times.
C. Rights of Lessor. Lessor shall:
(1) Have the right to enter the premises at reasonable hours and upon reasonable notice to Lessee, except in the case of emergencies, to examine the premises or to show the premises for reletting or for any other reason in the best interest of Lessor.
(2) Have the right without further notice to sell or otherwise dispose of any personal property left on or about the premises by Lessee after Lessee vacates the premises.
(3) Not assume any liability for any damage to Lessee's personal property on or about the premises.
18. Release: Lessee hereby releases Lessor and Lessor's officers, agents, employees and servants, from any and all claims or demands for damages, loss, expense or injury to the premises, or to the furnishings and fixtures and equipment, or inventory or other property of Lessee in, about or upon the premises, as the case may be, from any cause whatsoever. All property of any kind belonging to the Lessee or any other person that is in the building or the premises shall be there at the sole risk of the Lessee or other person only, and the Lessor shall not be liable for damage thereto or theft or misappropriation thereof. Lessor or its agents, servants or employees, shall not be liable for any injury, loss or damage to any persons on or about the premises for any other cause of whatsoever nature.
19. Non-Waiver: The failure of the Lessor to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this lease shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Lessor of rent with knowledge of the breach of any covenant of this lease, or breach of these rules and regulations, shall not be deemed a waiver of such breach.
20. Amendments: This lease may not be amended or modified by any act or conduct of the parties or by oral agreements unless reduced and agreed to in writing, signed by both Lessor and Lessee. No waiver of any of the terms of this lease by Lessor shall be binding on Lessor unless reduced to writing and signed by Lessor.
21. Attorney's Fees: After a contested hearing to enforce this lease in cases of wanton disregard of its terms, a court shall award attorney's fees and court costs to the prevailing party. For purposes of this provision the parties agree that Lessee shall be deemed to be in wanton disregard of this lease if Lessee:
(a) intentionally damages property of the Lessor;
(b) falls more than one (1) month behind in the payment of rent without voluntarily vacating the premises;
(c) fails or refuses within ten (10) days of actual notice to reimburse Lessor for a check given by Lessee that is returned to Lessor for insufficient funds;
(d) tampers with or interferes with the operation of any smoke detector;
(e) allows pets to routinely urinate or defecate on any floor.
22. Merger: This lease evidences the entire agreement between the parties and no changes shall be made except in writing. The failure of either party to insist in any instance on strict performance of any provision hereof shall not be construed as a waiver of such covenant.
23. Severability: If any of the provisions of this lease shall be finally determined by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon the parties hereto. The parties agree to reform these provisions to replace such any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision.
24. Disclosures: By executing this lease, Lessee acknowledges the following:
A. THIS CONTRACT HAS BEEN PREPARED BY RICHARD D. VIOLETTE, JR., ESQ. AS ATTORNEY FOR LESSOR.
B. RICHARD D. VIOLETTE, JR., ESQ. IS ALSO A SHAREHOLDER OF LESSOR, APRIL FOOLS, INC.
C. RICHARD D. VIOLETTE, JR., ESQ. HAS PROVIDED LESSEE WITH NO LEGAL SERVICES OR ADVICE WITH RESPECT TO THIS TRANSACTION.
D. LESSEE HAS NOT RELIED ON ANY ADVICE OR REPRESENTATIONS MADE BY RICHARD D. VIOLETTE, JR., ESQ. WITH RESPECT TO THIS TRANSACTION.
E. RICHARD D. VIOLETTE, JR., ESQ. HAS URGED LESSEE TO SEEK THE ADVICE OF AN INDEPENDENT ATTORNEY AND/OR AN INDEPENDENT ACCOUNTANT WITH RESPECT TO THIS TRANSACTION AND LESSEE HAS HAD AMPLE OPPORTUNITY TO DO SO.
F. PRIOR TO SIGNING THIS LEASE, LESSEE HAD FULL KNOWLEDGE OF THE CONTENTS OF ALL OF THE FOREGOING DISCLOSURES.
IN WITNESS WHEREOF, the parties have set their hands and seals.
APRIL FOOLS, INC., Lessor
Date:_______________________ By:___________________________
Lawrence Lankhorst, Jr., Its President
Brent K. Hartley, Its Treasurer
Richard D. Violette, Jr., Its Secretary
Date:_______________________
______________________________
[APPLICANT 1], Lessee
Date:_______________________ ______________________________
[APPLICANT 2], Lessee
STATE OF MAINE Date:__________________________
PENOBSCOT, SS.
Personally appeared the above named [APPLICANT 1] and [APPLICANT 2] and made oath that he/she/they executed the foregoing instrument as his/her/their free act and deed.
Before me,
_______________________________
Notary Public/Attorney-at-Law
_______________________________
Printed Name
STATE OF MAINE Date:__________________________
PENOBSCOT, SS.
Personally appeared the above named [NAME OF AGENT FOR LESSOR], in said capacity, and made oath that he executed the foregoing instrument as his free act and deed and the free act and deed of April Fools, Inc.
Before me,
_______________________________
Notary Public/Attorney-at-Law
_______________________________
Printed Name
EXHIBIT A
[PROPERTY DESCRIPTION]
EXHIBIT B
PURCHASE AND SALE AGREEMENT
[APPLICANT 1] and [APPLICANT 2], residents of [RESIDENCE OF APPLICANTS], hereinafter singularly or collectively referred to as Buyer, offers to purchase from APRIL FOOLS, INC., a Maine corporation with a place of business in Brewer, County of Penobscot, State of Maine, hereinafter referred to as Seller, a certain lot or parcel of land with the single family residence situated thereon situated at [PROPERTY ADDRESS]. Sale is contingent upon the following terms and conditions:
1. Buyer shall pay to Seller for said property the sum of $[PURCHASE PRICE] in accordance with the terms set forth in a lease with option to purchase attached hereto. At the time of closing Buyer shall pay to Seller the balance of the purchase price in the form of cash or certified check. Buyer shall, within ten (10) days of the date hereof, provide Seller with written evidence that Buyer has made application for financing. Buyer shall, within forty-five (45) days of the date hereof, provide Seller with written evidence that Buyer has received a commitment for financing.
2. This agreement shall be of no force or effect unless signed by both parties within the time set for Buyer’s exercise of the aforesaid option. Once executed by both parties it shall be a binding contract on the parties, their heirs, administrators, personal representatives, successors and assigns.
3. Closing shall take place at a location mutually agreed upon by the parties and shall take place no later than 90 days after Buyer’s exercise of the aforesaid option or within such additional time as may be mutually agreed upon in writing by the parties. Conveyance shall be by warranty deed that shall be in form and content acceptable to Buyer's attorney. Seller shall deliver to Buyer possession of the premises at the time of closing, free and clear of all encumbrances. The premises shall be then in substantially the same condition as at present except for reasonable wear and tear. The risk of loss or damage to the property until closing is upon the Seller.
4. Real estate taxes shall be prorated between the parties at the time of closing. Seller shall pay for the preparation of the deed, promissory note, mortgage and declaration of value, Seller's share of transfer taxes associated with the sale and the recording fees for the removal of any encumbrances against the property. Buyer shall pay for all other document preparation, title examination, title opinions, title insurance, recording fees and Buyer's share of transfer taxes.
5. Buyer has had the right to inspect the subject property in any manner desired and is not entering into this contract based on any representation made by Seller. Buyer understands that the property is being sold “AS IS, WHERE IS”, with no representations, warranties or guarantees by Seller either expressed or implied, except as set forth in a warranty deed given by Seller to Buyer. Specifically, Seller has made no representations concerning (a) the condition of the property or any components thereof; (b) whether the property or any component thereof meets the requirements of any applicable laws, codes or ordinances; (c) the value of the property; or (d) permitted uses allowed on or at the property. Seller has provided to Buyer a disclosure as set forth in Exhibit C and has disclosed to Buyer all defects known to Seller. Buyer has received and read a copy of the disclosure set forth in Exhibit C and understands that further desired information should be sought from qualified professionals.
6. Time shall be considered of the essence.
7. This document constitutes the entire agreement between the parties hereto and there are no verbal contracts, promises, agreements or understandings not clearly set forth herein. This contract can be altered or amended only by a writing attached hereto and signed by all of the parties.
8. Any dispute or claim arising out of or relating in any way to this contract or to the subject property shall be resolved through final and binding arbitration in accordance with applicable rules of the American Arbitration Association, with all costs of arbitration to be shared equally by the parties. Neither party shall have any claim against the other for attorney’s fees.
9. By executing this agreement each party acknowledges receipt of a copy hereof.
10. The terms hereof are explicitly intended to survive closing.
11. BUYER ACKNOWLEDGES THAT THIS DOCUMENT WAS PREPARED BY RICHARD D. VIOLETTE, JR., ESQ. AS ATTORNEY FOR SELLER. BUYER UNDERSTANDS THAT SAID VIOLETTE IS A SHAREHOLDER IN APRIL FOOLS, INC. BUYER ACKNOWLEDGES THAT SAID VIOLETTE HAS OFFERED BUYER NO LEGAL ADVICE CONCERNING THIS CONTRACT OR THE TRANSACTION CONTEMPLATED HEREBY AND THAT VIOLETTE HAS DISCLOSED THAT HE REPRESENTS ONLY THE INTERESTS OF APRIL FOOLS, INC. IN THIS MATTER. VIOLETTE HAS ENCOURAGED BUYER TO OBTAIN LEGAL ADVICE FROM AN INDEPENDENT ATTORNEY. BUYER ACKNOWLEDGES THAT IF BUYER PROCEEDS WITH THIS TRANSACTION WITHOUT THE ADVICE OF AN INDEPENDENT ATTORNEY, BUYER IS RELYING SOLELY ON BUYER’S OWN JUDGMENT AND IS/ARE NOT RELYING ON ANY ADVISE GIVEN BY VIOLETTE.
________________________ ________ _______________________________
Witness Date G Lawrence Lankhorst, Jr., President
G Brent K. Hartley, Treasurer
G Richard D. Violette, Jr., Secretary
April Fools, Inc.
P.O. Box 908
Brewer, Maine 04412-0908
EIN: 04-3363426
STOP!!!!! DO NOT SIGN THIS LEGALLY BINDING CONTRACT UNTIL YOU HAVE READ IT COMPLETELY AND YOU FULLY UNDERSTAND IT. PLEASE CONSULT AN INDEPENDENT ATTORNEY OF YOUR CHOICE SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS CONTRACT.
________________________ ______________ ___________________________
Witness Date [APPLICANT 1]
_____________________________
Address
_____________________________
_____________________________
Social Security Number
________________________ ______________ ___________________________
Witness Date [APPLICANT 2]
_____________________________
Address
_____________________________
_____________________________
Social Security Number
EXHIBIT C
PROPERTY DISCLOSURE
Maine law requires that certain information be made available to prospective buyers to help them evaluate property they are considering purchasing. The following disclosure, as required by Maine law, is made solely on the basis of Seller’s personal knowledge and is made to assist prospective buyers in evaluating this property. This disclosure is not a warranty of the condition of the property and is not part of any contract between the Seller and any buyer. The subject property is being sold “AS IS” with no representations by Seller as to its condition, habitability, suitability for a particular use or compliance with zoning or building codes. Inspections by qualified professionals are highly recommended.
PROPERTY LOCATED AT: XX
SECTION I. WATER SUPPLY
TYPE OF SYSTEM:
• public
• private
• seasonal
• unknown
• drilled
• dug
• other XX
MALFUNCTIONS: Is Seller aware of or has Seller experienced any malfunctions or problems with
plumbing • yes • no • not applicable
pump • yes • no • not applicable
water softener • yes • no • not applicable
hot water heater • yes • no • not applicable
water quality • yes • no • not applicable
water quantity • yes • no • not applicable
water pressure • yes • no • not applicable
If YES to any question, please explain in the comment section below.
WATER TEST: Has Seller had the water tested? • yes • no • not applicable
If YES, date of most recent test: XX
If YES, are test results available? • yes • no • not applicable
If YES, to Seller’s knowledge, have any test results ever been reported as unsatisfactory or satisfactory with notation? • yes • no • not applicable
PRIVATE
INSTALLATION: Location: XX
Installed by: XX
Date of installation: XX
Source of information: XX
PRIVATE USE: Number of people currently using system: XX
Does the system supply more than one household? • yes • no • not applicable
SECTION II. WASTE WATER DISPOSAL
TYPE OF SYSTEM: G public G private G quasi-public G unknown
IF PUBLIC OR QUASI: Has Seller experienced any problems such as line or other malfunctions? G yes ~ no G not applicable
If YES, please explain in comment section below.
IF PRIVATE: Tank: G septic tank G holding tank G cesspool G other G unknown
Tank size: G 500 gallon G 1000 gallon G unknown G other
Tank type: G concrete G metal G unknown G other
Location of tank: XX
Date of installation of tank: XX
Date of last servicing of tank: XX
Name of company servicing tank: XX
Has Seller experienced any malfunctions with tank? G yes G no G not applicable
If YES, please explain in comment section below.
Leach field: G yes G no G not applicable
Date of installation of leach field: XX
Leach field installed by: XX
Date of last servicing of leach field: XX
Name of company servicing leach field: XX__________________
Has Seller experienced any malfunctions with leach field? G yes G no G not applicable
If YES, please explain in comment section below.
Is waste water disposal system located in a shoreland zone? G yes G no G unknown G not applicable
Source of information: XX
SECTION III. INSULATION
ATTIC: G yes ~ no G unknown G not applicable If yes, thickness or R-value:
EXTERIOR WALLS: G yes ~ no G unknown G not applicable If yes, thickness or R-value:
CRAWL SPACE: G yes ~ no G unknown G not applicable If yes, thickness or R-value:
SECTION IV. HEATING SYSTEM
FUEL: G electric G oil G gas G wood
TYPE: G forced hot air G hot water baseboard G steam radiator G hot water radiator G gas heater G wood stove
DATE INSTALLED: XX
CONSUMPTION: XX (gallons, kilowatt hours, cords per year)
PROBLEMS: Has Seller experienced or is Seller aware of any problems with the heating system? G yes ~ no G unknown
If YES, please explain in comment section below, including all malfunctions in the past two years..
SERVICING: Name of company that services: XX
Date of most recent service: XX
SUPPLY LINE: Buried supply line: G yes ~ no G unknown
Sleeved supply line: G yes ~ no
CHIMNEY: Chimney lined: G yes ~ no G unknown
Date of last cleaning: G yes ~ no G unknown
More than one heat source vented through chimney: G yes ~ no G unknown
SECTION V. HAZARDOUS MATERIALS
UNDERGROUND
STORAGE TANKS: Are there now or have there ever been any underground storage tanks on the subject property? G yes ~ no G not applicable
If YES, please explain in comment section below.
ASBESTOS: Is asbestos present
as insulation on the heating system, pipes or duct work? G yes G no ~ unknown
in the siding? G yes G no ~ unknown
in flooring tiles? G yes G no ~ unknown
in the roofing shingles? G yes G no ~ unknown
elsewhere? G yes G no ~ unknown
RADON - AIR: Has the property been tested by
Seller? G yes ~ no
a previous owner? G yes G no ~ unknown
RADON - WATER: Has the property been tested by
Seller? G yes ~ no
a previous owner? G yes G no ~ unknown
LEAD PAINT: Has the property been tested by
Seller? G yes ~ no
a previous owner? G yes G no ~ unknown
Is Seller aware that there is now or ever has been lead based paint or lead based paint hazards on the property? G yes ~ no
Is Seller aware of peeling or cracking paint? G yes G no
Does Seller know of any records or reports pertaining to lead based paint or lead based paint hazards? G yes ~ no
NOTE: Lead paint is most commonly found in homes constructed prior to 1978 and Seller believes this home to have been constructed prior to 1978.
RADIOACTIVE
MATERIAL: G yes G no ~ unknown
LANDFILL: G yes G no ~ unknown
OTHER TOXIC
MATERIAL: G yes G no ~ unknown
SECTION VI. GENERAL INFORMATION
ENCROACHMENTS: Is Seller aware of any encroachments, easements, rights-of-way, leases or restrictive covenants that affect the subject property? G yes ~ no
If YES, please explain in comment section below.
TAX REDUCTION: Is Seller now receiving a tax exemption or reduction for the subject property for any reason, including, but not limited to tree growth, open space and farmland, veteran status, blind? G yes ~ no
If YES, please explain in comment section below.
LEASED
EQUIPMENT: G yes ~ no If YES, what? XX
HOUSE: Age: XX
How long has Seller owned it? XX
ROOF: Age: XX
Type of roofing: G asphalt shingles G rolled roofing G metal G slate
G other: XX
Age of roofing: XX _______________
Moisture or leakage: G yes G no ~ unknown
If YES, please explain in comment section below.
Has Seller experienced or is Seller aware of any problems with the roof? G yes ~ no
If YES, please explain in comment section below.
FOUNDATION/
BASEMENT: G full G partial G slab G crawl space G posts
Material: G concrete G block G rock G brick G wood
Moisture or leakage: G yes G no G unknown
If YES, please explain in comment section below.
Sump pump: G yes G no
MOLD: Has property ever been tested for mold? G yes ~ no G unknown
If YES, please explain in comment section below.
Has property ever been found to have mold? G yes ~ no G unknown
ELECTRICAL: Entrance: XX
G fuses ~ circuit breakers
SURVEY: Has the property been surveyed? G yes G no ~ unknown
If YES, is the survey available? G yes G no
DEFECTS OR NEEDED
REPAIRS KNOWN TO
SELLER: XX
COMMENTS: XX
?
RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT
MAINE WARNING: LEAD BASED PAINT HAZARDS
Any residence built before 1978 may contain lead sufficient to poison children and sometimes adults. Lead poisoning poses a particular risk if you are pregnant or may become pregnant. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, a reduced intelligence quotient (IQ), impaired memory and behavioral problems such as attention deficit hyperactive disorder and a propensity for violence.
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead based paint that may place young children at risk of developing lead poisoning. The seller of any interest in real property is required to provide the buyer with any information on lead based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead based paint hazards. A risk assessment or inspection for possible lead based paint hazards is recommended prior to purchase.
The only way to know with certainty whether lead based paint hazards are present on the property is to test the property for the presence of lead.
Acknowledgment of State Disclosure Statement.
The signature below acknowledges that the Seller has disclosed to me information about lead based paint hazards as required by 22 M.R.S.A. § 1328. This acknowledgment does not constitute a waiver or any rights.
______________________________ ______________________________
Date Date
______________________________ ______________________________
April Fools, Inc., Seller [APPLICANT 1], Buyer
______________________________
[APPLICANT 2], Buyer
? ACKNOWLEDGMENT OF FEDERAL DISCLOSURE OF INFORMATION
ON LEAD BASED PAINT AND OR LEAD BASED PAINT HAZARDS
LEAD WARNING STATEMENT
Housing built before 1978 may contain lead based paint. Lead from paint, paint chips and dust can be health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead based paint and or lead based paint hazards in the dwelling. Buyers must also receive a federally approved pamphlet on lead poisoning prevention.
SELLER’S DISCLOSURE
(a) Presence of lead based paint and/or lead based paint hazards:
Seller has no knowledge of lead based paint and/or lead based paint hazards in the housing. However, if the housing was constructed prior to 1978, when lead based paint was in common usage, there may be lead based paint on the property.
(b) Records and reports available to the Seller:
Seller has no reports or records pertaining to lead based paint and/or lead based paint hazards in the housing.
BUYER’S ACKNOWLEDGMENT (initial)
(c) _____ Buyer has received copies of all information listed in paragraph (b) above.
(d) _____ Buyer has received the pamphlet Protect Your Family from Lead in Your Home.
(e) _____ Buyer has (check (i) or (ii) below):
(i) _____ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead based paint hazards; or
(ii) _____ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead based paint hazards.
?
CERTIFICATION OF ACCURACY
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
______________________________ ______________________________
Date Date
______________________________ ______________________________
April Fools, Inc., Seller [APPLICANT 1], Buyer
______________________________
[APPLICANT 2], Buyer
?CONSUMER PRODUCT SAFETY COMMISSION
PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME
SIMPLE STEPS TO PROTECT YOUR FAMILY FROM LEAD HAZARDS
If you think your home has high levels of lead:
Get your young children tested for lead, even if they seem healthy.
Wash children's hands, bottles, pacifiers, and toys often.
Make sure children eat healthy, low-fat foods.
?Get your home checked for lead hazards.
Regularly clean floors, window sills, and other surfaces.
Wipe soil off shoes before entering house.
Talk to your landlord about fixing surfaces with peeling or chipping paint.
Take precautions to avoid exposure to lead dust when remodeling or renovating (call 1-800-424-LEAD for guidelines).
Don't use a belt-sander, propane torch, dry scraper, or dry sandpaper on painted surfaces that may contain lead.
Don't try to remove lead-based paint yourself.
ARE YOU PLANNING TO BUY, RENT, OR RENOVATE A HOME BUILT BEFORE 1978?
Many houses and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly. By 1996, federal law will require that individuals receive certain information before renting, buying, or renovating pre-1978 housing:
LANDLORDS will have to disclose known information on lead-based paint hazards before leases take effect. Leases will include a federal form about lead-based paint.
SELLERS will have to disclose known information on lead-based paint hazards before selling a house. Sales contracts will include a federal form about lead-based paint in the building. Buyers will have up to 10 days to check for lead hazards.
RENOVATORS will have to give you this pamphlet before starting work.
If you want more information on these requirements, call the National Lead Information Clearinghouse at 1-800-424-LEAD.
? IMPORTANT!
Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly.
FACT: Lead exposure can harm young children and babies even before they are born.
FACT: One out of every eleven children in the United States has dangerous levels of lead in the bloodstream.
FACT: Even children that seem healthy can have high levels of lead in their bodies.
FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips with lead in them.
FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard.
FACT: Removing lead-based paint improperly can increase the danger to your family.
If you think your home might have lead hazards,
read this pamphlet to learn some simple steps to protect your family.
LEAD GETS IN THE BODY IN MANY WAYS
People can get lead in their body if they:
Put their hands or other objects covered with lead dust in their mouths.
Eat paint chips or soil that contain lead.
Breathe in lead dust (especially during renovations that disturb painted surfaces).
Lead is even more dangerous to children than adults because:
Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them.
Children's growing bodies absorb more lead.
Children's brains and nervous systems are more sensitive to the damaging effects of lead.
LEAD AFFECTS THE BODY IN MANY WAYS
LEAD'S EFFECTS
If not detected early, children with high levels of lead in their bodies can suffer from:
Damage to the brain and nervous system
Behavior and learning problems (such as hyperactivity)
Slowed growth
Hearing problems
Headaches
LEAD IS ALSO HARMFUL TO ADULTS
Adults can suffer from:
Difficulties during pregnancy
Other reproductive problems (in both men and women)
High blood pressure
Digestive problems
Nerve disorders
Memory and concentration problems
Muscle and joint pain
CHECKING YOUR FAMILY FOR LEAD
Get your children tested if you think your home has high levels of lead.
A simple blood test can detect high levels of lead. Blood tests are important for:
Children who are 6 months to 1 year old (6 months if you live in an older home that might have lead in the paint).
Family members that you think might have high levels of lead.
If your child is older than 1 year, talk to your doctor about whether your child needs testing.
Your doctor or health center can do blood tests. They are inexpensive and sometimes free. Your doctor will explain what the test results mean. Treatment can range from changes in your diet to medication or a hospital stay.
WHERE LEAD-BASED PAINT IS FOUND
In general, the older your home, the more likely it has lead-based paint.
Many homes built before 1978 have lead-based paint. In 1978, the federal government banned lead-based paint from housing. Some states stopped its use even earlier. Lead can be found:
In homes in the city, country, or suburbs.
In apartments, single-family homes, and both private and public housing.
Inside and outside of the house.
In soil around a home. (Soil can pick up lead from exterior paint, or other sources such as past use of leaded gas in cars.)
WHERE LEAD IS LIKELY TO BE A HAZARD
Lead-based paint that is in good condition is usually not a hazard.
Peeling, chipping, chalking, or cracking lead-based paint is a hazard and needs
Lead from paint chips, which you can see, and lead dust, which you can't always see, can both be serious hazards. immediate attention.
Lead-based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear-and-tear. These areas include:
Windows and window sills.
Doors and door frames.
Stairs, railings, and banisters.
Porches and fences.
Lead dust can form when lead-based paint is dry scraped, dry sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter the air when people vacuum, sweep, or walk through it.
Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. Call your state agency (see below) to find out about soil testing for lead.
CHECKING YOUR HOME FOR LEAD HAZARDS
Just knowing that a home has lead-based paint may not tell you if there is a hazard.
You can get your home checked for lead hazards in one of two ways, or both:
A paint inspection tells you the lead content of every painted surface in your home. It won't tell you whether the paint is a hazard or how you should deal with it.
A risk assessment tells you if there are any sources of serious lead exposure (such as peeling paint and lead dust). It also tells you what actions to take to address these hazards.
Have qualified professionals do the work. The federal government is writing standards for inspectors and risk assessors. Some states might already have standards in place. Call your state agency for help with locating qualified professionals in your area (see below).
Trained professionals use a range of methods when checking your home, including:
Visual inspection of paint condition and location.
Lab tests of paint samples.
Surface dust tests.
A portable x-ray fluorescence machine.
Home test kits for lead are available, but recent studies suggest that they are not always accurate. Consumers should not rely on these tests before doing renovations or to assure safety.
?WHAT YOU CAN DO NOW TO PROTECT YOUR FAMILY
If you suspect that your house has lead hazards, you can take some immediate steps to reduce your family's risk:
If you rent, notify your landlord of peeling or chipping paint.
Clean up paint chips immediately.
Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS.
Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas.
Wash children's hands often, especially before they eat and before nap time and bed time.
Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly.
Keep children from chewing window sills or other painted surfaces.
Clean or remove shoes before entering your home to avoid tracking in lead from soil.
Make sure children eat nutritious, low-fat meals high in iron and calcium, such as spinach and low-fat dairy products. Children with good diets absorb less lead.
HOW TO SIGNIFICANTLY REDUCE LEAD HAZARDS
Removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house.
Always use a professional who is trained to remove lead hazards safely.
In addition to day-to-day cleaning and good nutrition:
You can temporarily reduce lead hazards by taking actions like repairing damaged painted surfaces and planting grass to cover soil with high lead levels. These actions (called "interim controls") are not permanent solutions and will not eliminate all risks of exposure.
To permanently remove lead hazards, you must hire a lead "abatement" contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not enough.
Always hire a person with special training for correcting lead problems – someone who knows how to do this work safely and has the proper equipment to clean up thoroughly. If possible, hire a certified lead abatement contractor. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government.
Call your state agency (see below) for help with locating qualified contractors in your area and to see if financial assistance is available.
REMODELING OR RENOVATING A HOME WITH LEAD-BASED PAINT
If not conducted properly, certain types of renovations can release lead from paint and dust into the air.
Take precautions before you begin remodeling or renovations that disturb painted surfaces (such as scraping off paint or tearing out walls):
Have the area tested for lead-based paint.
Do not use a dry scraper, belt-sander, propane torch, or heat gun to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done.
Temporarily move your family (especially children and pregnant women) out of the apartment or house until the work is done and the area is properly cleaned. If you can't move your family, at least completely seal off the work area.
Follow other safety measures to reduce lead hazards. You can find out about other safety measures by calling 1-800-424-LEAD. Ask for the brochure "Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before, during, and after renovations.
If you have already completed renovations or remodeling that could have released lead-based paint or dust, get your young children tested and follow the steps outlined above.
OTHER SOURCES OF LEAD
While paint, dust, and soil are the most common lead hazards, other lead sources also exist.
Drinking water -- Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might contain lead:
Use only cold water for drinking and cooking.
Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours.
The job -- If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your clothes separately from the rest of your family's.
Old painted toys and furniture.
Food and liquids stored in lead crystal or lead-glazed pottery or porcelain.
Lead smelters or other industries that release lead into the air.
Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture.
Folk remedies that contain lead, such as "greta" and "azarcon" used to treat an upset stomach.
For other information on lead hazards, call the center's clearinghouse at 1-800-424-LEAD. For the hearing impaired, call, TDD 1-800-526-5456 (FAX: 202-659-1192, Internet: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).
EPA'S SAFE DRINKING WATER HOTLINE
Call 1-800-426-4791 for information about lead in drinking water.
To request information on lead in consumer products, or to report an unsafe consumer product or a product-related injury call 1-800-638-2772. (Internet: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ). For the hearing impaired, call TDD 1-800-638-8270.
STATE HEALTH AND ENVIRONMENTAL AGENCIES
For Maine’s rules for lead-based paint activities, to see if state or local laws apply to you, for information on finding a lead abatement firm in your area, and for possible sources of financial aid for reducing lead hazards, call 207-287-4311.
EPA REGIONAL OFFICE
Your Regional EPA Office can provide further information regarding regulations and lead protection programs: Region 1 (Includes Maine)
John F. Kennedy Federal Building
One Congress Street
Boston, MA 02203
(617) 565-3420
APRIL FOOLS, INC.
LEASE WITH OPTION TO PURCHASE
JULY 2, 2004