[{"id":"20334883-1ae9-4f0e-8019-653f12575de5","order":1,"text":"CO-OWNERSHIP AGREEMENT","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"cf17cd33-c81b-424d-95a3-d80437fa659b","order":2,"text":"(TENANTS IN COMMON)","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"7574936d-f1f6-46f2-8b83-1021d1c293e6","order":3,"text":"This Co-Ownership Agreement (this \"Agreement\") is made and entered into as of [Date of this Agreement] (the \"Effective Date\"), by and between:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"90e9406b-c143-4347-b5b9-a3420182c929","order":4,"text":"[Co-Owner 1 full legal name], an individual residing at [Co-Owner 1 mailing address] (\"Co-Owner 1\"); and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2a3f8cbf-643d-4179-8f78-cf4b5ce5d50e","order":5,"text":"[Co-Owner 2 full legal name], an individual residing at [Co-Owner 2 mailing address] (\"Co-Owner 2\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bb106067-d47f-4f24-bae8-e5724040da13","order":6,"text":"Co-Owner 1 and Co-Owner 2 are referred to in this Agreement individually as a \"Co-Owner\" and collectively as the \"Co-Owners\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"f6166866-3069-4ef0-8e2b-589cf658a451","order":7,"text":"RECITALS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"dcb2cee2-2507-4d5a-8cb2-759faaf4d31a","order":8,"text":"WHEREAS, on or about [Date of acquisition], the Co-Owners acquired, or are contemporaneously acquiring, title to the real property described in this Agreement, to be held by them as tenants in common;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9cc13b7e-70a8-4f63-b8cd-08850c737e3f","order":9,"text":"WHEREAS, the Co-Owners are unmarried partners who wish to record, in a binding written agreement, their respective rights and obligations with respect to that property;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4ffdc2b5-837e-42d9-8b12-80b376954756","order":10,"text":"WHEREAS, the Co-Owners intend that no right of survivorship shall attach to their respective undivided interests, and that each Co-Owner's interest shall remain devisable and inheritable, subject to the restrictions set out in this Agreement;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2fae6804-f02f-440b-bca3-5814ab010760","order":11,"text":"WHEREAS, the Co-Owners wish to provide for the ownership shares, the sharing of expenses, the occupancy, management and improvement of the property, restrictions on transfer, a mechanism for the purchase of a departing Co-Owner's interest, and a limitation on the right of either of them to compel a partition or forced sale of the property; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6021f6e1-eb42-42a9-bee8-198e1d6b4a03","order":12,"text":"WHEREAS, each Co-Owner has had the opportunity to obtain independent legal, tax and financial advice before signing this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"21b51ec5-4a81-4f5c-b334-43a19682862c","order":13,"text":"NOW, THEREFORE, in consideration of the mutual covenants and agreements set out below, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Co-Owners agree as follows:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"30889cf8-6d5c-48f9-b8ba-e896cf685af8","order":14,"text":"1. DEFINITIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S01"},{"id":"2c98c86d-3308-4c02-96dd-2bc24d91b49c","order":15,"text":"In this Agreement, the following terms have the meanings given below. Terms defined elsewhere in this Agreement have the meanings there given, and a defined term used in the singular includes the plural and the reverse.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fe4f3e7c-ef5e-411e-87d9-e5bb8009584a","order":16,"text":"— \"Advance\" means a payment made by one Co-Owner to discharge an obligation of the other Co-Owner under this Agreement, as described in the Article entitled \"Default and Remedies\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"51a3ff77-11a1-4c58-ae88-590c6e095eab","order":17,"text":"— \"Business Day\" means any day other than a Saturday, a Sunday, or a day on which national banks in the state in which the Property is located are authorized or required to close.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"b62473c7-1475-4771-8489-1dd0b8b83cb3","order":18,"text":"— \"Capital Contribution\" means money or the fair market value of property contributed by a Co-Owner toward the acquisition of, or a capital improvement to, the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"6d6db0d0-2d04-475b-a740-79b64965ec69","order":19,"text":"— \"Expense Share\" means the portion of Property Expenses allocated to a Co-Owner under the Article entitled \"Ongoing Expenses and Allocation\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"d8786d1e-d2ed-45f9-9e0d-7e9fed27b902","order":20,"text":"— \"Fair Market Value\" has the meaning given in the Article entitled \"Determination of Fair Market Value\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"2a0db359-eb54-460f-9972-8c9650dfdf57","order":21,"text":"— \"Incapacity\" means the inability of a Co-Owner to manage that Co-Owner's financial affairs, established either by the written certificate of two licensed physicians who have examined that Co-Owner or by the order of a court of competent jurisdiction.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"fc343725-ecf4-41d4-af61-1cbeeac61d5c","order":22,"text":"— \"Joint Account\" means the deposit account described in the Article entitled \"Joint Account and Monthly Contributions\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"26276672-2d83-4071-b126-6b07d985a926","order":23,"text":"— \"Ownership Percentage\" means the undivided percentage interest of a Co-Owner in the Property, as stated in the Article entitled \"Tenancy in Common and Ownership Percentages\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"702b36c6-be42-4efb-b3a1-9605e22d2e7f","order":24,"text":"— \"Property\" means the real property described in the Article entitled \"The Property\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"874191c8-6c66-4ffa-a682-3b9b28681b01","order":25,"text":"— \"Property Expenses\" has the meaning given in the Article entitled \"Ongoing Expenses and Allocation\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"abc289b4-4492-45b5-8ed9-a801c9a82dce","order":26,"text":"— \"Transfer\" has the meaning given in the Article entitled \"Restrictions on Transfer and Right of First Refusal\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"c3250043-4067-4b56-9530-daef2e8a44d9","order":27,"text":"— \"Triggering Event\" has the meaning given in the Article entitled \"Triggering Events and Buyout\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fc1e017c-bc25-4916-a43a-32da44854a1e","order":28,"text":"2. THE PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S02"},{"id":"9d4f88aa-7225-400f-b012-7ed8789f7d66","order":29,"text":"The real property that is the subject of this Agreement is located at [Street address], [City], [State] (the \"Property\"), lying in [County] County, and identified for tax purposes by assessor's parcel number [Assessor's parcel number].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"38b19d68-c6d9-4fb1-937d-679467473544","order":30,"text":"The Property is more particularly described as follows: [Legal description of the Property].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"92d5d8f5-556b-4ecf-8030-cb4aa3c3c9f3","order":31,"text":"The Property includes the land, all buildings, structures and improvements now or later located on it, all fixtures, and all rights, easements, hereditaments and appurtenances belonging to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0f9f5ae4-2ca7-4902-8581-c1f1091a9060","order":32,"text":"In the event of any inconsistency between the description of the Property in this Agreement and the legal description contained in the deed of record, the deed of record controls.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fc471c94-081e-4551-a071-9a550a0d7030","order":33,"text":"3. TENANCY IN COMMON AND OWNERSHIP PERCENTAGES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S03"},{"id":"2312d388-3e42-4a6b-8bbd-14e337c6607a","order":34,"text":"The Co-Owners hold title to the Property as tenants in common, and not as joint tenants with right of survivorship and not as tenants by the entirety.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"601e28c2-7546-4ca6-9dc3-0421279a9bbf","order":35,"text":"The undivided interest of each Co-Owner in the Property is as follows: [Co-Owner 1 full legal name] holds [Co-Owner 1 percentage] percent, and [Co-Owner 2 full legal name] holds [Co-Owner 2 percentage] percent (each, that Co-Owner's \"Ownership Percentage\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"984092a0-875d-49ca-a5d5-a7c21783a1a0","order":36,"text":"The Ownership Percentages total one hundred percent (100 percent) and may be varied only by a written amendment signed by both Co-Owners, or as expressly provided in the Article entitled \"Default and Remedies\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ff0f8ff0-31ac-4627-a6e0-e6e58c96fedf","order":37,"text":"Each Co-Owner's interest is a separate, undivided and alienable interest in the whole of the Property. Neither Co-Owner holds any right of survivorship in the interest of the other, and on the death of a Co-Owner that Co-Owner's interest passes as provided in the Article entitled \"Death or Incapacity of a Co-Owner\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d1ddce64-4ead-4e4c-8a32-684ad09e77f2","order":38,"text":"Unless the Co-Owners agree otherwise in writing, the Ownership Percentages govern the allocation between them of appreciation, depreciation, net proceeds of sale, and any other distribution of the Property or of its proceeds.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3a1e91fc-9871-47bf-ad62-3bb4989e2635","order":39,"text":"The Co-Owners shall cause the deed by which they hold title to state that they take as tenants in common, and, if permitted by the recording practice of the county in which the Property is located, to state their respective Ownership Percentages.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2353fbd9-d4bc-4449-8d33-a7ce64fc6bff","order":40,"text":"4. PURCHASE PRICE AND INITIAL CAPITAL CONTRIBUTIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S04"},{"id":"fd9eed95-5979-4664-9de5-c2a5353a8518","order":41,"text":"The purchase price of the Property is USD [Purchase price], exclusive of closing costs, prorations and financing charges.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a52a94f7-aab2-4edd-a638-b06c17c57154","order":42,"text":"The Co-Owners have made the following initial Capital Contributions toward the purchase price, the down payment and the closing costs: [Co-Owner 1 full legal name] contributed USD [Co-Owner 1 initial contribution], and [Co-Owner 2 full legal name] contributed USD [Co-Owner 2 initial contribution].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"84120d9f-4275-4c05-95a8-cdbd425b39d4","order":43,"text":"The Ownership Percentages stated above reflect and take account of those initial Capital Contributions. Except as expressly provided in this Agreement, neither Co-Owner is entitled to the return of a Capital Contribution, to interest on it, or to any preference over the other Co-Owner on account of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a2a98460-42ac-4372-9c67-9f5f0d7d4093","order":44,"text":"The Co-Owners shall keep, with the records of the Property, a capital account record for each of them showing Capital Contributions, additional contributions, Advances made on behalf of the other Co-Owner, credits for approved capital improvements, and distributions received. That record is evidence of the amounts to be taken into account on a buyout or on a sale of the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"51583949-45d9-403c-853f-c40c0f4ab6ad","order":45,"text":"The Property has been acquired without mortgage financing, and no indebtedness secured by the Property is outstanding on the Effective Date. Neither Co-Owner may encumber the Property, or apply for any loan secured by it, without the prior written consent of the other Co-Owner, and any indebtedness so created shall be treated as a Property Expense.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"cash","type":"add","operator":"="}]},{"id":"67732840-13f7-4b09-9e92-46b0512806fb","order":46,"text":"5. MORTGAGE AND FINANCING","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"mortgage","type":"add","operator":"="}],"sectionNum":"S05"},{"id":"681f7b82-9d44-4fca-b8d2-a5c3f728c9d9","order":47,"text":"Part of the purchase price is financed by a loan from [Lender name] in the original principal amount of USD [Original loan amount] (the \"Loan\"), secured by a mortgage or deed of trust encumbering the whole of the Property (the \"Security Instrument\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"mortgage","type":"add","operator":"="}]},{"id":"b070eea9-ad30-446b-9d9f-8749728e9588","order":48,"text":"The current monthly payment of principal and interest under the Loan is USD [Monthly principal and interest payment], exclusive of amounts collected by the lender for taxes and insurance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"mortgage","type":"add","operator":"="}]},{"id":"5141400b-7c73-4dfc-aed8-2727c1e87e6e","order":49,"text":"The Co-Owners acknowledge that they are jointly and severally liable to the lender for the whole of the Loan, that the lender is not bound by the allocation of payments agreed between them, and that a failure by either Co-Owner to pay may result in the foreclosure of the entire Property and in adverse credit consequences for both Co-Owners.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"mortgage","type":"add","operator":"="}]},{"id":"d87875b3-f832-4ccc-a932-f5a9bda3cb90","order":50,"text":"As between the Co-Owners, payments falling due under the Loan are a Property Expense and are allocated in accordance with the Article entitled \"Ongoing Expenses and Allocation\". A Co-Owner who pays more than that Co-Owner's Expense Share of a Loan payment is entitled to reimbursement as provided in the Article entitled \"Default and Remedies\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"mortgage","type":"add","operator":"="}]},{"id":"e3c8d35f-7ff4-4cf2-988f-1d318d6fd786","order":51,"text":"The Co-Owners acknowledge that the part of each Loan payment applied to reduce principal increases their equity in the Property. Where a Co-Owner's Expense Share differs from that Co-Owner's Ownership Percentage, the difference between the principal reduction actually funded by that Co-Owner and the principal reduction corresponding to that Co-Owner's Ownership Percentage shall be recorded in the capital account records as a credit or a debit, and shall be taken into account in determining the amounts payable on a buyout or on a sale of the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"mortgage","type":"add","operator":"="}]},{"id":"5f26ebbc-ba06-4e04-b494-94e714bad881","order":52,"text":"Neither Co-Owner may refinance, modify, assume, further encumber or increase the indebtedness secured by the Property, or apply for or accept a home equity loan or line of credit secured by the Property, without the prior written consent of the other Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"mortgage","type":"add","operator":"="}]},{"id":"0938ab83-472c-40cf-bb1e-0cf3ed10d014","order":53,"text":"Each Co-Owner shall promptly deliver to the other a copy of any notice of default, delinquency, acceleration, foreclosure, escrow shortage or insurance cancellation received from the lender or from any escrow agent.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"mortgage","type":"add","operator":"="}]},{"id":"955a7255-2416-40d6-82fe-2f1f15681120","order":54,"text":"Each Co-Owner acknowledges that the Security Instrument is likely to contain a due-on-sale clause entitling the lender to accelerate the Loan on a transfer of an interest in the Property. The exemptions set out in the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. § 1701j-3(d), are limited, and the exemption for a transfer on the death of a joint tenant or of a tenant by the entirety does not apply to a tenancy in common. Before completing any Transfer, any purchase under this Agreement or any transfer to a revocable living trust, the Co-Owners shall consider whether the consent of the lender is required and shall, where appropriate, seek it in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1d9ad4d6-d0b0-4c09-9d01-1a308d2ebef2","value":"mortgage","type":"add","operator":"="}]},{"id":"2bdb6e54-0bc4-4213-859c-9c90e26ef447","order":55,"text":"6. ONGOING EXPENSES AND ALLOCATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S06"},{"id":"e7479687-a267-4657-875f-3c4e68ae677f","order":56,"text":"\"Property Expenses\" means all costs of owning, holding, operating, maintaining and insuring the Property, including payments of principal and interest on any indebtedness secured by the Property, real property taxes and assessments, hazard, flood and liability insurance premiums, homeowners' or condominium association dues and special assessments, utilities that are not separately metered to one Co-Owner, ordinary maintenance and repairs, pest control, landscaping, refuse collection, security, and the reasonable cost of professional services relating to the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1a599580-408a-414b-8913-8128a8caeb76","order":57,"text":"Each Co-Owner shall bear and pay Property Expenses in proportion to that Co-Owner's Ownership Percentage, which proportion is that Co-Owner's Expense Share.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"d66ca8e2-711f-4cc0-975e-b0d5b7ab94ee","value":"prorata","type":"add","operator":"="}]},{"id":"e55b60ef-a800-4a9f-bda0-725e4c845313","order":58,"text":"Each Co-Owner shall bear and pay one half (50 percent) of all Property Expenses, regardless of the Ownership Percentages, and that one half is that Co-Owner's Expense Share.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"d66ca8e2-711f-4cc0-975e-b0d5b7ab94ee","value":"equal","type":"add","operator":"="}]},{"id":"dc198d90-7467-4f86-8be7-be47af77fed8","order":59,"text":"Costs attributable solely to the exclusive use of one Co-Owner, including separately metered utilities, insurance on that Co-Owner's personal property, and damage caused by that Co-Owner or by that Co-Owner's guests beyond ordinary wear and tear, are borne solely by that Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2f3b01eb-0bb9-472a-a1eb-79eccb508300","order":60,"text":"Each Co-Owner shall pay that Co-Owner's Expense Share when due and shall not permit any lien to attach to the Property as a result of a failure to pay.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"793b24af-43eb-48e4-8670-0aaa36330d93","order":61,"text":"The Co-Owners shall review the budget for Property Expenses at least once each year and shall adjust the monthly contributions as necessary to meet anticipated costs.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8d8c2080-ab81-4b74-8427-24e54f75147e","order":62,"text":"7. JOINT ACCOUNT AND MONTHLY CONTRIBUTIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S07"},{"id":"f897e971-e069-4dce-84c8-cd3dae5fedbd","order":63,"text":"The Co-Owners shall open and maintain a deposit account in their joint names at [Name of the bank] (the \"Joint Account\"), to be used exclusively for the receipt of their contributions and the payment of Property Expenses.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d0822f58-bc98-430a-bdf0-e1de777fa84c","order":64,"text":"On or before day [Day of the month] of each month, each Co-Owner shall deposit into the Joint Account that Co-Owner's Expense Share of the budgeted Property Expenses for that month.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"93d41f4f-d462-4a54-a7b3-94b19e64c117","order":65,"text":"Both Co-Owners shall have access to the statements and records of the Joint Account at all times. Neither Co-Owner may withdraw funds from the Joint Account for any purpose other than the payment of Property Expenses without the prior written consent of the other.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"94fca90a-d7bf-4089-a766-e8b1caa02950","order":66,"text":"The Co-Owners shall reconcile the Joint Account at least once each year. Any surplus shall be retained in the Joint Account or distributed to the Co-Owners in proportion to their contributions, as they may agree in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f6d091e7-bf1a-453e-b363-f7955d8a3ff7","order":67,"text":"8. RESERVE FUND","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","displayConditions":[{"field":"7400e9ae-8216-47f4-a2f6-f685d961dfec","value":"yes","type":"add","operator":"="}],"sectionNum":"S08"},{"id":"28865efb-4f54-435b-8644-2c15cc93b193","order":68,"text":"In addition to the monthly contributions for budgeted Property Expenses, the Co-Owners shall contribute a total of USD [Monthly reserve contribution] each month, in the proportions of their respective Expense Shares, to a reserve fund held within the Joint Account or in a separate account designated by them (the \"Reserve Fund\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"7400e9ae-8216-47f4-a2f6-f685d961dfec","value":"yes","type":"add","operator":"="}]},{"id":"eb6db2e4-ea14-4493-b6d4-cf909a54a103","order":69,"text":"Contributions to the Reserve Fund shall continue until its balance reaches USD [Target reserve balance], and shall resume whenever the balance falls below that amount.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"7400e9ae-8216-47f4-a2f6-f685d961dfec","value":"yes","type":"add","operator":"="}]},{"id":"b0e9001f-cba1-4ab9-8f24-d1df567d7bb0","order":70,"text":"The Reserve Fund shall be applied only to capital repairs and replacements, to deductibles under insurance policies covering the Property, and to Property Expenses that cannot be met out of current contributions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"7400e9ae-8216-47f4-a2f6-f685d961dfec","value":"yes","type":"add","operator":"="}]},{"id":"21246e26-fb4a-405a-a94f-249495a6e109","order":71,"text":"Amounts held in the Reserve Fund remain the property of the Co-Owners in proportion to their contributions to it, and are accounted for on any buyout, sale or termination under this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"7400e9ae-8216-47f4-a2f6-f685d961dfec","value":"yes","type":"add","operator":"="}]},{"id":"fd314353-ee32-4141-b9c1-3ab26d8bea8f","order":72,"text":"9. CAPITAL IMPROVEMENTS AND REPAIRS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S09"},{"id":"a6d53ebd-414b-4900-84fa-e53fe7021bda","order":73,"text":"Each Co-Owner shall use reasonable efforts to keep the Property in good order and repair and to prevent waste.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7e0eee04-0c2a-434f-82c6-e5827d0dc358","order":74,"text":"Ordinary maintenance and repairs, and any repair reasonably necessary to prevent imminent damage to the Property or injury to persons (an \"Emergency Repair\"), may be undertaken by either Co-Owner without prior consent. A Co-Owner who undertakes an Emergency Repair shall notify the other as soon as reasonably practicable and shall deliver copies of all invoices.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ad6c83fb-44b1-4455-862a-92096475d87f","order":75,"text":"No capital improvement, alteration or non-emergency repair costing more than USD [Improvement cost threshold] may be undertaken without the prior written consent of both Co-Owners, which consent shall record the agreed scope, the estimated cost, the contractor selected and the allocation of the cost between them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"591f74a0-7f00-4201-aea8-5bbdc9a445cb","order":76,"text":"Unless the Co-Owners agree otherwise in writing, the cost of an approved capital improvement is a Property Expense allocated in accordance with the Article entitled \"Ongoing Expenses and Allocation\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9010ecfb-b63f-4082-9163-7facc0436714","order":77,"text":"A Co-Owner who pays more than that Co-Owner's Expense Share of an approved capital improvement is credited with the excess in the capital account records, and that credit is taken into account in determining the amounts payable on a buyout or on a sale of the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2eccaae5-e9ab-41ef-b7b5-c11dc34aed69","order":78,"text":"Neither Co-Owner may permit a mechanic's, materialman's or similar lien to be filed against the Property, and each Co-Owner shall promptly discharge, bond over or otherwise remove any such lien arising out of work ordered by that Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"086ef1a8-d3ff-4cca-8b27-b827c0370412","order":79,"text":"10. OCCUPANCY AND USE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S10"},{"id":"106db893-d19e-45e6-ba2c-032a21d2524e","order":80,"text":"Each Co-Owner has, as a matter of law, the right to possess and enjoy the whole of the Property. The Co-Owners have agreed to regulate that right as set out in this Article, and each of them consents to the arrangement described below.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"187f90b2-37d7-46dc-b0b3-d4bc69287800","order":81,"text":"Both Co-Owners shall occupy the Property as their residence. Neither Co-Owner owes the other any rent, occupancy fee or other compensation for use and occupancy for so long as that arrangement continues.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"03c3240f-55ec-4e66-a13a-215057ac5332","value":"both","type":"add","operator":"="}]},{"id":"e7d26190-1fd6-4818-80a1-5fc123f0f6b5","order":82,"text":"[Co-Owner 1 full legal name] shall have exclusive occupancy of the Property. In consideration of that exclusive occupancy, [Co-Owner 1 full legal name] shall pay to [Co-Owner 2 full legal name] a monthly occupancy fee of USD [Monthly occupancy fee], payable on the same day of each month as contributions to the Joint Account fall due. The Co-Owners agree that this occupancy fee is fair and reasonable, that the arrangement is made with the full consent of the non-occupying Co-Owner, and that it does not constitute an ouster of that Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"03c3240f-55ec-4e66-a13a-215057ac5332","value":"co1","type":"add","operator":"="}]},{"id":"c09ef9ae-57ad-4a3f-ac97-097b3d55714c","order":83,"text":"[Co-Owner 2 full legal name] shall have exclusive occupancy of the Property. In consideration of that exclusive occupancy, [Co-Owner 2 full legal name] shall pay to [Co-Owner 1 full legal name] a monthly occupancy fee of USD [Monthly occupancy fee], payable on the same day of each month as contributions to the Joint Account fall due. The Co-Owners agree that this occupancy fee is fair and reasonable, that the arrangement is made with the full consent of the non-occupying Co-Owner, and that it does not constitute an ouster of that Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"03c3240f-55ec-4e66-a13a-215057ac5332","value":"co2","type":"add","operator":"="}]},{"id":"21568215-5f9f-499c-ae0f-fcc96bc1a8df","order":84,"text":"Neither Co-Owner shall occupy the Property. The Property is held for investment and is to be rented to third parties. Every lease requires the prior written consent of both Co-Owners, and net rental income, after payment of Property Expenses and any funding of reserves, shall be distributed to the Co-Owners in proportion to their Ownership Percentages.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"03c3240f-55ec-4e66-a13a-215057ac5332","value":"none","type":"add","operator":"="}]},{"id":"9e17a18d-53b1-4e4d-b72a-6a3ef36a81ac","order":85,"text":"The Co-Owners shall comply with every law applicable to residential landlords, including fair housing laws and the rules governing security deposits, shall let the Property only under a written lease approved by both of them, and shall hold every security deposit in the manner required by applicable law. Rental income and the expenses of letting shall pass through the Joint Account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"03c3240f-55ec-4e66-a13a-215057ac5332","value":"none","type":"add","operator":"="}]},{"id":"2c5a4a90-015c-47a6-808d-eb04231ee411","order":86,"text":"Neither Co-Owner shall occupy the Property as a full-time residence. The Property is held as a shared second home and each Co-Owner is entitled to use it for the periods agreed between them. The Co-Owners shall agree on a schedule of use for each calendar year not later than January 31 of that year, allocating to each of them a substantially equal number of days and alternating from year to year the right to choose first among holiday periods and other periods of high demand.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"03c3240f-55ec-4e66-a13a-215057ac5332","value":"share","type":"add","operator":"="}]},{"id":"4a9d714d-9282-413f-8f4d-636a36841bad","order":87,"text":"Neither Co-Owner owes the other any occupancy fee for a period of use taken in accordance with the agreed schedule. A Co-Owner who occupies the Property beyond that Co-Owner's allotted periods without the written consent of the other shall pay the other a fair market rent for the excess period, and each Co-Owner shall leave the Property clean and in good order at the end of each period of use.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"03c3240f-55ec-4e66-a13a-215057ac5332","value":"share","type":"add","operator":"="}]},{"id":"69ac6c45-34ec-4d61-bcb4-13ccd666c1eb","order":88,"text":"A Co-Owner who is not in occupation of the Property is entitled to enter it, on not less than twenty-four (24) hours' prior written notice and at reasonable times, in order to inspect its condition, to show it to an appraiser, insurer, broker or prospective purchaser, or to carry out any repair permitted by this Agreement. No notice is required in an emergency. Each Co-Owner is entitled to hold a key and the current access codes to the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"78efed6a-34b0-4bf1-922c-c094886da504","order":89,"text":"The Co-Owners shall agree in writing on rules for the use of the Property, covering at least guests staying more than seven (7) consecutive nights, pets, smoking, noise and the storage of personal property. Failing agreement, neither Co-Owner may keep an animal at the Property, or permit smoking within it, without the written consent of the other.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8fb23c4d-32c0-4852-9b26-a65cc1aea7d5","order":90,"text":"Where one Co-Owner has exclusive occupancy and is in default in the payment of an amount due under this Agreement for more than sixty (60) days after written notice, the other Co-Owner may terminate the exclusive occupancy arrangement by written notice, whereupon the Co-Owners shall either agree on a new arrangement in writing or exercise their rights under the Articles entitled \"Triggering Events and Buyout\" and \"Sale of the Entire Property\". Nothing in this Article entitles a Co-Owner to remove the other from the Property otherwise than by due process of law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"03c3240f-55ec-4e66-a13a-215057ac5332","value":"co1","type":"add","operator":"="},{"field":"03c3240f-55ec-4e66-a13a-215057ac5332","value":"co2","type":"add","operator":"="}]},{"id":"790b9d3f-ceef-4a16-84a3-4a369153467e","order":91,"text":"Neither Co-Owner may lease, license or grant occupancy rights in the whole or any part of the Property to a third party, or admit a lodger or roommate for a term exceeding thirty (30) days, without the prior written consent of the other Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"91a0bd51-1dab-486a-821c-b4a7225abffb","order":92,"text":"The Property shall be used only for lawful purposes and in compliance with all applicable laws, ordinances, association rules and insurance requirements. Neither Co-Owner may use the Property in a manner that voids, suspends or increases the premium of any insurance policy covering it without the prior written consent of the other.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"40661e3b-c14b-493e-9472-95e3a7579b50","order":93,"text":"Each Co-Owner shall respect the other's quiet enjoyment of the Property and shall not exclude, or attempt to exclude, the other from the Property except as expressly provided in this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cd707ab0-7ffd-4c54-b6c6-8206f93f2366","order":94,"text":"11. INSURANCE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S11"},{"id":"2532fc6a-fd06-4b19-a40a-ccfe6b10bf0e","order":95,"text":"The Co-Owners shall at all times maintain a policy of property insurance covering the Property for its full replacement cost, together with liability coverage in an amount not less than USD [Minimum liability coverage] per occurrence, and any flood, earthquake, windstorm or other coverage required by a lender or reasonably necessary given the location of the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"571f65c9-00d4-42d8-810e-99c87ef0d238","order":96,"text":"Both Co-Owners shall be named as insureds under the policy, and each is entitled to receive a copy of the policy, evidence of payment of the premium, and any notice of cancellation, non-renewal or material change.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"96844468-9574-434b-a618-1897e7bd8093","order":97,"text":"Premiums are a Property Expense. Insurance proceeds received on account of damage to the Property shall be applied first to its repair or restoration, unless the Co-Owners agree in writing to apply them otherwise or the holder of a mortgage or deed of trust encumbering the Property requires otherwise.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"06687b1c-2e02-4ddb-8964-ffbfc022d52a","order":98,"text":"Each Co-Owner shall promptly notify the other of any event likely to give rise to a claim, and neither Co-Owner may settle, compromise or waive a claim exceeding the threshold set out in the Article entitled \"Capital Improvements and Repairs\" without the prior written consent of the other.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e48ac7f4-b585-4666-aa68-12114c7fcfcd","order":99,"text":"Each Co-Owner is responsible for insuring that Co-Owner's own personal property and for maintaining any additional coverage, including liability coverage in excess of the amount stated above, that that Co-Owner considers appropriate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0d890fd7-1e45-45bc-8a22-f9e0ebf392df","order":100,"text":"12. CASUALTY AND CONDEMNATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S12"},{"id":"5977d8cc-50b4-4d4d-8538-7c94b0e4a44d","order":101,"text":"If the Property is damaged or destroyed, the Co-Owners shall meet promptly and shall decide whether to repair or to restore it. Where they decide to restore, each Co-Owner shall contribute that Co-Owner's Expense Share of any shortfall between the insurance proceeds and the cost of restoration.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f867988b-2bed-4350-b99f-a219394c1be2","order":102,"text":"If the Co-Owners agree in writing not to restore the Property, it shall be sold in its damaged condition and the proceeds of sale, together with the insurance recovery, shall be applied in accordance with the Article entitled \"Sale of the Entire Property\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6800217b-d7c8-42e2-bca7-3c01576bdec7","order":103,"text":"If the whole or any part of the Property is taken by eminent domain or condemnation, or is conveyed in lieu of such a taking, the award or compensation shall be applied first to any indebtedness secured by the Property to the extent required by its holder, then to the restoration of the remainder of the Property if the Co-Owners agree to restore it, and the balance shall be distributed to the Co-Owners in proportion to their Ownership Percentages.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4bedd8d7-13b2-4ab2-9593-83f89de680ce","order":104,"text":"If a casualty or a taking renders the Property permanently unfit for the use for which it was acquired, either Co-Owner may require that it be sold and the proceeds distributed in accordance with the Article entitled \"Sale of the Entire Property\". A sale required under this Article is not a partition and is not restricted by the Article entitled \"Waiver of Partition\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b889aa69-cd6c-4a46-b04f-def72deb028f","order":105,"text":"13. TAXES AND TAX REPORTING","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S13"},{"id":"976126d0-6f47-4924-a7ca-698a84ae55d1","order":106,"text":"Real property taxes, assessments and any tax on rental income derived from the Property are Property Expenses, and each Co-Owner is responsible for that Co-Owner's Expense Share of them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2be8d756-ff3d-470e-80d3-e4e5806f411f","order":107,"text":"Each Co-Owner is entitled to claim, to the extent permitted by law, that Co-Owner's proportionate share of the deductions available for mortgage interest under 26 U.S.C. § 163 and for real property taxes under 26 U.S.C. § 164, in each case only to the extent actually paid by that Co-Owner. The Co-Owners note that Treasury Regulation § 1.163-1(b) permits the deduction of interest paid on a mortgage on real property of which the taxpayer is the legal or equitable owner, even where that taxpayer is not directly liable on the note secured by the mortgage.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2ff12cdc-404b-412d-be2b-445f97506fc2","order":108,"text":"Where an information return issued by a lender or by a taxing authority names one Co-Owner only, that Co-Owner shall, on or before January 31 of each year, deliver to the other a written statement of the amounts of interest and of real property taxes paid by that other Co-Owner during the preceding calendar year, so that each Co-Owner may claim the deductions properly attributable to that Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"94f5623b-5fe3-4093-9edd-7b9566ee5c26","order":109,"text":"On a sale of the Property, each Co-Owner may be entitled to exclude gain under 26 U.S.C. § 121 if that Co-Owner satisfies the ownership and use requirements of that section. Neither Co-Owner makes any representation to the other as to tax treatment, and each Co-Owner shall obtain independent tax advice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"65aed6a4-9de2-4d2c-8b1a-6fcec63ffff6","order":110,"text":"The Co-Owners intend that their arrangement be treated as the mere co-ownership of property that is maintained and, where applicable, rented or leased, within the meaning of Treasury Regulation § 301.7701-1(a)(2), and not as a separate entity, so that each Co-Owner may deal with that Co-Owner's undivided interest independently, including in an exchange of like-kind property under 26 U.S.C. § 1031. The Co-Owners note the conditions described by the Internal Revenue Service in Revenue Procedure 2002-22 and shall not enter into any arrangement inconsistent with them without first obtaining tax advice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"01acdfd5-7b79-4dbb-929b-09c9cab486de","order":111,"text":"The Co-Owners intend that their co-ownership shall not be treated as a partnership for federal or state income tax purposes, shall not file a partnership return, and shall not hold the Property out to third parties as a partnership. Neither Co-Owner shall take a contrary position without the prior written consent of the other.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6cc661bb-3041-4d2f-aba2-460a5ba6b220","order":112,"text":"14. MANAGEMENT AND DECISION-MAKING","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S14"},{"id":"66c00cc3-daea-4adc-a373-88514f698a64","order":113,"text":"Decisions concerning the Property shall be taken jointly. The unanimous written consent of both Co-Owners is required for any sale, exchange or other disposition of the Property or of any part of it, any lease of the Property, any mortgage, refinancing or other encumbrance, any capital improvement exceeding the threshold set out in the Article entitled \"Capital Improvements and Repairs\", the appointment or removal of a property manager, the commencement or settlement of any legal proceeding relating to the Property, and any amendment of this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3f4ac7c8-7390-494b-b3af-a1ec8bb374da","order":114,"text":"Either Co-Owner may act alone in respect of an Emergency Repair and in respect of the payment of budgeted Property Expenses out of the Joint Account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6ec82ded-f99d-4350-a919-883c10c4299d","order":115,"text":"The Co-Owners shall meet, in person or remotely, at least once each year to review the budget, the physical condition of the Property, the adequacy of the insurance and of any reserves, and any improvement proposed for the following year.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"93595cd8-b0af-4f81-86e7-bc4dc413170f","order":116,"text":"If the Co-Owners are unable to agree on a matter requiring unanimous consent, either of them may invoke the procedure set out in the Article entitled \"Dispute Resolution\". A failure to agree does not, of itself, entitle a Co-Owner to compel a sale or a partition of the Property except as expressly permitted by this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c73a7f53-1361-4524-b628-65f773b2163b","order":117,"text":"The Co-Owners may appoint a licensed property manager by written agreement, and the manager's fees are a Property Expense.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5284cb67-8e49-46d3-a217-247d4f0d1a78","order":118,"text":"Each Co-Owner shall give the other reasonable access to all records, invoices, statements and correspondence relating to the Property, and shall keep those records for at least seven (7) years.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"02d483e6-3593-4c98-ac7e-0c0debab1e2a","order":119,"text":"15. DEFAULT AND REMEDIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S15"},{"id":"e3a5e52a-98b9-46cd-b311-f013196210f2","order":120,"text":"A Co-Owner is in default under this Agreement if that Co-Owner fails to pay an amount when due and does not cure the failure within ten (10) days after written notice, or fails to perform any other material obligation and does not cure the failure within thirty (30) days after written notice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9bd1df0c-d4a1-46d5-8832-f63fe1166009","order":121,"text":"If a Co-Owner fails to pay an amount when due, the other Co-Owner may, but is not obliged to, pay that amount (an \"Advance\"). An Advance is immediately due and payable by the defaulting Co-Owner and bears interest from the date it is made until it is repaid at the lesser of ten percent (10 percent) per annum and the highest rate then permitted by applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2af7ca1b-e9c9-4ec0-a248-3bbf59055806","order":122,"text":"An Advance, together with accrued interest, is a debt of the defaulting Co-Owner to the advancing Co-Owner and is secured by the defaulting Co-Owner's interest in the Property. The defaulting Co-Owner grants the advancing Co-Owner a lien on that interest, and the advancing Co-Owner may record notice of that lien in the real property records of the county in which the Property is located.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c24d894a-b037-45c8-9a52-2ca074390a41","order":123,"text":"The advancing Co-Owner may recover any unpaid Advance and accrued interest out of the defaulting Co-Owner's share of the proceeds of any sale, refinancing or buyout of the Property or of any interest in it, and may set the amount off against any distribution otherwise payable to the defaulting Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d3fd627e-11b8-424b-a7db-376a86119a22","order":124,"text":"If a failure to pay money continues for more than ninety (90) days after written notice, the non-defaulting Co-Owner may elect to purchase the whole of the defaulting Co-Owner's interest in accordance with the Article entitled \"Triggering Events and Buyout\", and the purchase price shall be reduced by all unpaid Advances, accrued interest, and the reasonable costs of enforcement, including attorneys' fees.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5c0c1685-d264-4fc2-9d6a-8a748e723253","order":125,"text":"The Co-Owners may also agree in writing to adjust the Ownership Percentages to reflect unreimbursed Advances, and any such adjustment shall be recorded by written amendment to this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9c079faa-1e0e-435d-b2fc-fb16912b3e4d","order":126,"text":"If a Co-Owner fails to execute a document which this Agreement requires that Co-Owner to execute in order to complete a sale, a purchase or a refinancing approved in accordance with this Agreement, and that failure continues for ten (10) days after written demand, that Co-Owner irrevocably appoints the other Co-Owner as that Co-Owner's attorney-in-fact, coupled with an interest, for the sole purpose of executing and delivering that document in that Co-Owner's name. This power is limited to documents expressly required by this Agreement, survives the Incapacity of the appointing Co-Owner, and may be exercised only once the demand described above has expired without being satisfied.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"65c1a67d-8e9a-465b-a10c-1843f8dd16f3","order":127,"text":"The remedies set out in this Article are cumulative and are in addition to every other remedy available at law or in equity, including specific performance and injunctive relief.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"acb236a9-6bec-4a74-99fb-b1f1561b3dc9","order":128,"text":"16. RESTRICTIONS ON TRANSFER AND RIGHT OF FIRST REFUSAL","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S16"},{"id":"7fa4fc83-3547-47ad-a532-5cb9b02675ac","order":129,"text":"\"Transfer\" means any sale, assignment, gift, pledge, hypothecation, or other voluntary disposition of all or any part of a Co-Owner's interest in the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"94163e94-47ea-421c-bec2-9b266e4eae4d","order":130,"text":"Neither Co-Owner may Transfer that Co-Owner's interest except in accordance with this Article. Any purported Transfer made in violation of this Article is void and of no effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f0fd61f1-1fc9-4649-95b6-3d27771e936d","order":131,"text":"A Co-Owner may, without the consent of the other, transfer that Co-Owner's interest to a revocable living trust of which that Co-Owner is the settlor and a trustee, provided that the trustee first agrees in writing to be bound by this Agreement (a \"Permitted Transfer\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3e18654f-f1e8-4843-89e5-2f9218bb222e","order":132,"text":"This Article does not apply to a Transfer by one Co-Owner to the other Co-Owner, which may be made at any time on the terms agreed between them in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d45f179d-2b08-40ce-9e1b-a5f14760bca4","order":133,"text":"A Co-Owner who wishes to Transfer that Co-Owner's interest and who has received a bona fide written offer from a third party (the \"Offer\") shall give the other Co-Owner written notice of the Offer, together with a complete copy of it and the identity of the offeror (the \"Transfer Notice\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fd60fd6e-dbed-4687-8be6-5a8b6c40bcbb","order":134,"text":"The other Co-Owner has [Days to match the offer] days after receipt of the Transfer Notice to elect, by written notice, to purchase the offered interest at the same price and on the same terms as those contained in the Offer (the \"Right of First Refusal\"). Where the Offer includes consideration other than cash, the electing Co-Owner may pay the cash equivalent of that consideration, determined, failing agreement, in accordance with the Article entitled \"Determination of Fair Market Value\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"71476ed3-666c-439b-a58f-02b90a705df2","order":135,"text":"If the Right of First Refusal is exercised, the purchase shall close within [Days to close] days after the election, and each Co-Owner shall execute and deliver every document reasonably required to complete the transfer, including a deed in recordable form.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"19f9bed0-68a6-4ce3-aa1b-9125b00e2a8d","order":136,"text":"If the Right of First Refusal is not exercised within the time allowed, the selling Co-Owner may complete the sale to the offeror identified in the Transfer Notice, on terms no more favorable to that offeror than those set out in the Offer, within one hundred twenty (120) days after the expiry of that time. Any sale after that period, or on more favorable terms, requires a fresh Transfer Notice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a00aea37-358f-4290-b405-cd0bc5089ec3","order":137,"text":"Any transferee other than a transferee under a Permitted Transfer takes the interest subject to this Agreement and shall, as a condition of the Transfer, sign a written joinder agreeing to be bound by it. A selling Co-Owner remains liable for obligations accrued before the Transfer and, where the Property remains encumbered, is not released from liability to the lender by reason of the Transfer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b6a1680e-5e8d-48f8-9d73-c64c8acf21e8","order":138,"text":"17. TRIGGERING EVENTS AND BUYOUT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S17"},{"id":"d386860e-876c-41c2-9467-8b4652bd17f1","order":139,"text":"Each of the following is a \"Triggering Event\" in respect of a Co-Owner (the \"Departing Co-Owner\"): the delivery by that Co-Owner of written notice of an intention to withdraw, specifying a date not less than [Days of advance notice] days after the notice on which that Co-Owner wishes to be bought out or the Property to be listed for sale; the death or the Incapacity of that Co-Owner; a continuing failure to pay as described in the Article entitled \"Default and Remedies\"; the filing of a voluntary or involuntary bankruptcy petition by or against that Co-Owner which is not dismissed within ninety (90) days; the entry of a judgment lien or execution against that Co-Owner's interest which is not discharged within ninety (90) days; and the entry of a decree of dissolution of marriage or of a domestic partnership, or a written separation agreement, requiring the disposition of that Co-Owner's interest.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9b8e11f9-4686-406e-aa0b-79b4d16bdd3f","order":140,"text":"On the occurrence of a Triggering Event, the other Co-Owner (the \"Remaining Co-Owner\") has the option, exercisable by written notice given within [Days to elect] days after the Remaining Co-Owner receives notice of, or otherwise becomes aware of, the Triggering Event, to purchase the whole of the interest of the Departing Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7c4834b6-2c51-4dfc-91b3-ee889927c4c6","order":141,"text":"The purchase price of the Departing Co-Owner's interest is the Fair Market Value of the Property multiplied by that Co-Owner's Ownership Percentage, less that Co-Owner's Ownership Percentage of the outstanding principal balance of any indebtedness secured by the Property as of the closing date, less all unpaid Advances made on behalf of that Co-Owner together with accrued interest, less any other amount then owed by that Co-Owner under this Agreement, plus any capital account credit standing to that Co-Owner under the Article entitled \"Capital Improvements and Repairs\", and less one half of the reasonable costs of the appraisal. The costs of closing the purchase are borne as provided below and are not deducted a second time from the purchase price.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2bfe72dd-2f4e-4c84-bd2f-9e0ceaba4268","order":142,"text":"No discount shall be applied to the purchase price for lack of marketability or by reason of the interest being an undivided or minority interest, and no premium shall be added for control.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"98dc4e14-f01b-479c-a9a2-b921f11406c4","order":143,"text":"The purchase shall close within [Days to close the buyout] days after the option is exercised, or within such longer period, not exceeding a further sixty (60) days, as is reasonably necessary to complete a refinancing required to release the Departing Co-Owner from liability under any indebtedness secured by the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"73a208fb-625d-459b-ae0f-dacb50ff83a9","order":144,"text":"At closing, the Departing Co-Owner shall deliver a deed conveying the whole of that Co-Owner's interest in the form described below, and the Remaining Co-Owner shall pay the purchase price and shall use commercially reasonable efforts to obtain the release of the Departing Co-Owner from all liability under any indebtedness secured by the Property, including by refinancing that indebtedness.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"19b45489-77e7-4463-9077-b48de9fd34f7","order":145,"text":"Every purchase under this Agreement shall be closed through a licensed title or escrow company selected jointly by the Co-Owners. The Departing Co-Owner shall convey by the form of deed customarily used in the county in which the Property is located, free of every lien and encumbrance created by that Co-Owner other than indebtedness secured by the Property which the Remaining Co-Owner assumes or discharges. Real property taxes, association dues, insurance premiums, utilities and contributions to the Joint Account shall be prorated as of the closing date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"81e1c545-7366-4d45-92e1-5d26a59780c4","order":146,"text":"Transfer taxes, recording fees and escrow charges on a purchase under this Agreement shall be shared equally, and each Co-Owner shall bear that Co-Owner's own attorneys' fees. Within ten (10) days after exercising the option, the Remaining Co-Owner shall deposit with the escrow holder an earnest money deposit equal to five percent (5 percent) of the purchase price, which shall be forfeited to the Departing Co-Owner if the Remaining Co-Owner fails to close through no fault of the Departing Co-Owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"94e01eaf-5857-41a9-8182-2989b6371ea7","order":147,"text":"If the Remaining Co-Owner does not exercise the option, or exercises it but fails to close through no fault of the Departing Co-Owner, the Co-Owners shall promptly list the Property for sale in accordance with the Article entitled \"Sale of the Entire Property\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f474543a-49b3-4047-8029-642e2d8f3489","order":148,"text":"From the date of a Triggering Event until closing of the buyout or completion of a sale of the Property, each Co-Owner shall continue to pay that Co-Owner's Expense Share, and the Property shall continue to be maintained and insured as provided in this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"021792b7-41bd-4c79-bf93-30807b048769","order":149,"text":"18. DETERMINATION OF FAIR MARKET VALUE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S18"},{"id":"3af73db6-9c92-405d-bcb7-6e764038aab7","order":150,"text":"\"Fair Market Value\" means the price at which the Property would change hands on the open market between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of the relevant facts, determined as set out in this Article.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3a47b827-b64a-4d19-b24b-e7ef92721310","order":151,"text":"The Co-Owners shall first attempt, for a period of fifteen (15) days, to agree on the Fair Market Value in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"05a984cb-7ebe-43b4-810b-30eacbd5dc52","order":152,"text":"Failing agreement, each Co-Owner shall within a further fifteen (15) days appoint, and pay for, an appraiser who is licensed or certified in the state in which the Property is located and who has at least five (5) years of experience in appraising comparable properties in the same market area.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"899fbc8e-e9e3-4904-a0ba-8fda816700ec","order":153,"text":"If the two appraisals differ by ten percent (10 percent) or less of the higher of them, the Fair Market Value is the average of the two. If they differ by more, the two appraisers shall promptly appoint a third appraiser with the same qualifications, whose fee the Co-Owners shall share equally, and the Fair Market Value is the average of the two appraisals that are closest in amount.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8a244e05-819b-42c4-8908-5e48dcc83720","order":154,"text":"If a Co-Owner fails to appoint an appraiser within the time allowed, the appraisal obtained by the other Co-Owner is conclusive.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ae01351a-c896-4e75-9074-40c254f06422","order":155,"text":"A determination of Fair Market Value made in accordance with this Article is final and binding on both Co-Owners, absent fraud or manifest error, and remains valid for one hundred eighty (180) days, after which either Co-Owner may require a fresh determination in accordance with this Article.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3e4ff849-1936-42a3-97bd-39026b7a4423","order":156,"text":"19. DEATH OR INCAPACITY OF A CO-OWNER","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S19"},{"id":"e21088b7-2a7b-4bda-a9a3-96a2346c5392","order":157,"text":"Because the Co-Owners hold title as tenants in common, the interest of a deceased Co-Owner does not pass to the survivor by operation of law. It passes under the deceased Co-Owner's will or, in the absence of a will, under the laws of intestate succession of the applicable jurisdiction.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a5f39911-aed8-4dd6-9597-3dba41826195","order":158,"text":"The death of a Co-Owner is a Triggering Event. The surviving Co-Owner may purchase the deceased Co-Owner's interest from that Co-Owner's estate or successors in accordance with the Article entitled \"Triggering Events and Buyout\", and the time for exercising the option runs from the date on which a personal representative is appointed or, if earlier, the date on which the successors in interest are identified to the surviving Co-Owner in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6067f564-c906-473d-a466-e02cc995847b","order":159,"text":"The personal representative, heirs, devisees, beneficiaries and successors of a deceased Co-Owner take that interest subject to this Agreement and are bound by it. Each Co-Owner shall use reasonable efforts to ensure that that Co-Owner's will, trust and other estate planning documents are consistent with this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"64a6362c-dba6-4ad8-b1fe-d96e4b9406ee","order":160,"text":"Each Co-Owner is encouraged, but is not required by this Agreement, to maintain life insurance in an amount sufficient to enable the survivor to fund a purchase under this Article.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"257162c5-f55e-4e33-9b2e-c336459c88f0","order":161,"text":"The Incapacity of a Co-Owner is also a Triggering Event. While a Co-Owner is under an Incapacity, that Co-Owner's agent under a durable power of attorney, or that Co-Owner's conservator or guardian, may exercise that Co-Owner's rights and shall perform that Co-Owner's obligations under this Agreement, and every notice required to be given to that Co-Owner shall also be given to that agent, conservator or guardian.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9ca0a81f-d7f2-4ed0-89fd-33734f159656","order":162,"text":"Each Co-Owner is encouraged to execute, and to keep in force, a durable power of attorney authorizing an agent to act on that Co-Owner's behalf in respect of the Property, so that the Property can continue to be managed, insured and, if necessary, sold during a period of Incapacity.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c2599f28-98e9-4ab7-8bbc-0802dd03a3c3","order":163,"text":"Until the interest of a deceased Co-Owner has been purchased or otherwise disposed of, the estate of that Co-Owner is responsible for that Co-Owner's Expense Share and is entitled to that Co-Owner's share of any distribution.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8e905177-b3c6-4e71-bb65-ef8237ccbed9","order":164,"text":"20. SALE OF THE ENTIRE PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S20"},{"id":"7894ffc4-413d-4bac-811d-9ee54c16fcee","order":165,"text":"The Property may be sold to a third party at any time by written agreement of both Co-Owners, and shall be listed for sale where this Agreement so requires.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a449ffb2-55e9-4a97-ba94-181cc941d628","order":166,"text":"On a sale, the Co-Owners shall jointly select a licensed real estate broker and shall agree on the listing price. If they have not agreed on a listing price within thirty (30) days, the listing price shall be the Fair Market Value determined under the Article entitled \"Determination of Fair Market Value\", reduced by five percent (5 percent) at the end of each successive period of ninety (90) days during which the Property remains unsold, until a sale is achieved.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fddfa148-f10e-4b6c-9b0c-44e3bd19f622","order":167,"text":"Neither Co-Owner may unreasonably refuse an offer at or above the listing price, and each Co-Owner shall execute every document reasonably necessary to complete a sale approved in accordance with this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"32d46a25-950c-4a30-a767-5c5721f1d90f","order":168,"text":"The proceeds of sale shall be applied in the following order of priority: first, to the costs of sale, including brokerage commissions, transfer taxes, escrow and closing costs; second, to the payment in full of all indebtedness secured by the Property; third, to the repayment of unpaid Advances together with accrued interest to the Co-Owner who made them; fourth, to the payment of capital account credits standing to a Co-Owner under this Agreement; and the balance to the Co-Owners in proportion to their Ownership Percentages.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4b405bcf-f335-43a1-86f5-77b38832e835","order":169,"text":"In addition to the proceeds of sale, any balance then standing to the credit of the Joint Account, including any reserve held within it, shall be applied to the Property Expenses then outstanding and the surplus distributed to the Co-Owners in proportion to their contributions to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6cc5e48c-f643-4005-bb21-d73ca82a5be2","order":170,"text":"If the proceeds of sale are insufficient to discharge the indebtedness secured by the Property and the costs of sale, each Co-Owner shall contribute the shortfall in the proportion of that Co-Owner's Expense Share.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3d17b87f-d5d1-4215-8afe-14639669d0fb","order":171,"text":"21. WAIVER OF PARTITION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S21"},{"id":"3e68ce12-eb23-410b-9e70-467aa49c5c29","order":172,"text":"Each Co-Owner acknowledges that, in the absence of an agreement to the contrary, a tenant in common may bring an action to compel the partition of real property, whether in kind or by forced sale, and that such an action would defeat the purpose for which the Co-Owners have acquired and hold the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a5499061-976f-4d76-93ea-c06ca50fd5b6","order":173,"text":"Each Co-Owner knowingly, voluntarily and irrevocably waives, and agrees not to commence, maintain, support or join in, any action or proceeding for the partition of the Property, whether at law or in equity and whether in kind or by sale, for a period of [Number of years] years from the Effective Date, and thereafter unless and until that Co-Owner has first complied in full with the procedures set out in the Articles entitled \"Restrictions on Transfer and Right of First Refusal\" and \"Triggering Events and Buyout\" and those procedures have failed to result in a purchase or a sale.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f8dbbdf6-c084-47a3-83d0-b7e5cc0daded","order":174,"text":"The Co-Owners intend this Agreement to be a binding agreement in a record, signed by all co-tenants, which governs the partition of the Property, and to displace any statutory right of partition to the fullest extent permitted by the law of the state in which the Property is located.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7619efe2-e115-4525-8c9a-92c2f8f01899","order":175,"text":"Each Co-Owner acknowledges that this waiver is a material inducement to the other Co-Owner to enter into this Agreement and to invest in the Property, that damages would be an inadequate remedy for its breach, and that the other Co-Owner is entitled to injunctive relief and to specific performance to enforce it, without the necessity of posting a bond.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b5d482c6-f7e7-4e8a-a0f1-6758429c6f7c","order":176,"text":"If a court of competent jurisdiction determines that this waiver is unenforceable in whole or in part, the Co-Owners agree that it shall be enforced to the greatest extent permitted by law, that any partition shall be by sale of the whole rather than in kind unless a partition in kind is required by law, and that in any such proceeding the other Co-Owner shall have the right to purchase the interest of the Co-Owner seeking partition at Fair Market Value determined under the Article entitled \"Determination of Fair Market Value\" before any sale to a third party is ordered.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"15afcef7-5012-43a5-82c6-28f93c627a8a","order":177,"text":"A memorandum of this Agreement, or a notice referring to it, may be recorded in the real property records of the county in which the Property is located by either Co-Owner, and each Co-Owner shall execute and acknowledge such a memorandum promptly on request.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c31d24f7-3faa-4fd4-92f6-87c4a44d1a33","order":178,"text":"22. TERM AND TERMINATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S22"},{"id":"bc2d4076-3fc3-4a74-b4c5-83548377ae9c","order":179,"text":"This Agreement takes effect on the Effective Date and continues until the earliest of the date on which one Co-Owner acquires the entire interest of the other in the Property, the date on which the Property is sold to a third party and the net proceeds are distributed, and the date on which the Co-Owners terminate this Agreement by a written instrument signed by both of them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9666a731-0072-44a5-b8dc-79588432285f","order":180,"text":"Termination does not affect any right or obligation which accrued before termination, nor any provision which by its nature is intended to survive, including the provisions relating to accounting, indemnity, dispute resolution and the payment of amounts due.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"66301bd3-8fe2-4872-95e7-7a6390c6a607","order":181,"text":"23. REPRESENTATIONS, WARRANTIES AND INDEMNITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S23"},{"id":"d8853cf8-6f0c-4148-b0b4-af27d7adc843","order":182,"text":"Each Co-Owner represents and warrants to the other that that Co-Owner has full legal capacity and authority to enter into this Agreement, that this Agreement is a valid and binding obligation enforceable against that Co-Owner in accordance with its terms, that entering into and performing this Agreement does not violate any other agreement, judgment or order binding on that Co-Owner, and that that Co-Owner has had the opportunity to review this Agreement with legal, tax and financial advisors of that Co-Owner's own choosing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"779d07d2-2fcf-4704-acb7-ec62cffde5e2","order":183,"text":"Each Co-Owner acknowledges that neither of them has relied on any representation of the other except as expressly set out in this Agreement, and that neither of them has given the other legal or tax advice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a031171f-69e2-4d6e-8319-ea2e04478fd8","order":184,"text":"Each Co-Owner shall indemnify the other and hold the other harmless against any loss, liability, cost or expense, including reasonable attorneys' fees, arising out of that Co-Owner's breach of this Agreement, that Co-Owner's failure to pay that Co-Owner's Expense Share, or any claim arising out of that Co-Owner's exclusive use of the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bd174c93-8d0e-45a5-8474-4958fccc7c9c","order":185,"text":"24. NOTICES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S24"},{"id":"59a0e4de-b9aa-46d7-8966-9b6b7db6b563","order":186,"text":"Every notice, consent, election, demand or other communication under this Agreement must be in writing and is effective only if delivered personally, sent by a nationally recognized overnight courier, sent by certified or registered mail with return receipt requested, or sent by electronic mail with confirmation of receipt, addressed as set out below.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c886c00f-1631-45c3-94ad-4f00aedb1ab7","order":187,"text":"To [Co-Owner 1 full legal name], at [Co-Owner 1 mailing address], electronic mail: [Co-Owner 1 email address].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"34c9a709-06fc-4438-9073-ea7de07e64ef","order":188,"text":"To [Co-Owner 2 full legal name], at [Co-Owner 2 mailing address], electronic mail: [Co-Owner 2 email address].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0b1923ba-be4b-4cf6-ba8b-44bfae46a06c","order":189,"text":"A notice is deemed given on personal delivery, on the first Business Day after deposit with an overnight courier, on the third Business Day after mailing, or on the date of confirmed electronic transmission, whichever applies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7f7d23bb-e550-43b3-857e-7e421f7fc641","order":190,"text":"A Co-Owner may change that Co-Owner's address or electronic mail address for notices by giving notice in accordance with this Article.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0a848a89-1b98-4248-929e-a886ad356a37","order":191,"text":"25. DISPUTE RESOLUTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S25"},{"id":"27d0cada-a31f-4fcf-85a2-9f6ab61e9260","order":192,"text":"Before commencing any proceeding, the Co-Owners shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement or the Property by direct negotiation, for a period of at least thirty (30) days after written notice of the dispute is given.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bbba79d2-611e-4ca5-8bff-d4f5456264b3","order":193,"text":"If the dispute is not resolved by negotiation, the Co-Owners shall submit it to non-binding mediation before a single mediator experienced in real property disputes, sitting in the county in which the Property is located. The Co-Owners shall share the mediator's fees equally and shall each bear their own costs of the mediation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6a2ba378-2035-4521-b412-d4205f377e3a","order":194,"text":"If the dispute is not resolved by mediation within sixty (60) days after mediation is first requested, it shall be finally determined by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in the county in which the Property is located. The arbitrator may grant any relief available in a court of law or equity, including specific performance and injunctive relief, and judgment on the award may be entered in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act to the extent that Act applies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1bbc1f01-4f7b-4094-ba63-a989f776b8df","value":"arbitration","type":"add","operator":"="}]},{"id":"79819399-4937-4f02-a3be-4761c7d72b27","order":195,"text":"The arbitration, the evidence given in it and the award are confidential, except to the extent that disclosure is required by law or is necessary in order to enforce or to challenge the award. Each Co-Owner shall bear that Co-Owner's own costs and one half of the arbitrator's fees, subject to the award of costs to the prevailing Co-Owner under this Article. The arbitrator has no power to award punitive or exemplary damages, nor to consolidate the arbitration with a proceeding involving a person who is not a Co-Owner, without the written consent of both Co-Owners.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1bbc1f01-4f7b-4094-ba63-a989f776b8df","value":"arbitration","type":"add","operator":"="}]},{"id":"397329dc-83ed-41f7-a8da-d54bc4429261","order":196,"text":"Nothing in this Article prevents a Co-Owner from applying to a court of competent jurisdiction for provisional or injunctive relief to preserve the Property or to enforce the waiver of partition, pending the outcome of the arbitration.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1bbc1f01-4f7b-4094-ba63-a989f776b8df","value":"arbitration","type":"add","operator":"="}]},{"id":"f7a7dc4b-1911-4ebb-a552-305c44818fe1","order":197,"text":"If the dispute is not resolved by mediation within sixty (60) days after mediation is first requested, either Co-Owner may commence proceedings in the state or federal courts sitting in [County] County, [State]. Each Co-Owner irrevocably submits to the exclusive jurisdiction of those courts and waives any objection based on venue or on the doctrine of forum non conveniens.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1bbc1f01-4f7b-4094-ba63-a989f776b8df","value":"court","type":"add","operator":"="}]},{"id":"c64062f1-509e-4138-bd41-1f5230ec097b","order":198,"text":"EACH CO-OWNER KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROPERTY.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1bbc1f01-4f7b-4094-ba63-a989f776b8df","value":"court","type":"add","operator":"="}]},{"id":"94a4cb47-e24b-4aa3-8cdd-805b7d652b32","order":199,"text":"In any proceeding brought to enforce this Agreement, the prevailing Co-Owner is entitled to recover reasonable attorneys' fees, expert fees and costs, in addition to any other relief awarded.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"85b40d9e-95d7-4713-86ec-9859f984b12d","order":200,"text":"26. GENERAL PROVISIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S26"},{"id":"78ad1fde-946d-47d7-afdf-db2cfd74ba3b","order":201,"text":"Entire agreement. This Agreement, together with its exhibits, contains the entire agreement between the Co-Owners in respect of its subject matter and supersedes every prior or contemporaneous agreement, understanding or representation, whether written or oral.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d2ae3553-63ec-4435-9db7-27433a73a1a3","order":202,"text":"Recitals. The recitals set out at the beginning of this Agreement are true and are incorporated into and form part of this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f780f838-eb9c-4763-b4b5-85216269241a","order":203,"text":"No third-party beneficiaries. This Agreement is made for the benefit of the Co-Owners and of their permitted successors only, and confers no right or remedy on any other person.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f1b770ef-dc29-43eb-940d-155ef4f2207c","order":204,"text":"Currency and periods. Every sum referred to in this Agreement is expressed in United States dollars. A period expressed in days is a period of calendar days, computed from the day after the event from which the period runs and including the last day of the period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3e02cc72-7001-4f6b-90d3-3b14cbe7cbce","order":205,"text":"Amendment. This Agreement may be amended only by a written instrument signed by both Co-Owners.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1813837a-c89e-47fc-b6ba-1d653bc99858","order":206,"text":"No partnership. Nothing in this Agreement creates a partnership, joint venture, agency or fiduciary relationship between the Co-Owners, other than the relationship of tenants in common, except that each Co-Owner owes the other the duty of good faith and fair dealing implied in every contract and the duties of a co-tenant at common law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2daa6f16-ccf7-4df0-9379-286e626895fe","order":207,"text":"Severability. If any provision of this Agreement is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed, and the remaining provisions continue in full force and effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c3300d39-e3b4-4938-92be-55d1dc750044","order":208,"text":"No waiver. No delay or failure by a Co-Owner in exercising a right under this Agreement operates as a waiver of that right, and no single or partial exercise of a right prevents any further exercise of it. A waiver is effective only if given in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"791ffac8-eca7-4a15-bb54-dd6343f93989","order":209,"text":"Governing law. This Agreement is governed by, and shall be construed in accordance with, the laws of the State of [State], without regard to its conflict of laws principles. All matters relating to title to, and to the partition of, the Property are governed by the law of the state in which the Property is located.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"75c03129-472c-4f7d-95e0-d2ee35c5135b","order":210,"text":"Successors and assigns. This Agreement binds and benefits the Co-Owners and their respective heirs, devisees, personal representatives, trustees, successors and permitted assigns.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e5642f01-1de3-4548-9430-f60976b50cf9","order":211,"text":"Further assurances. Each Co-Owner shall execute and deliver every further document, and do every further act, reasonably required to give effect to this Agreement, including any deed, affidavit, memorandum or lender document.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3566a3b7-a7fb-4246-9ef2-e5e9d27318bc","order":212,"text":"Counterparts and electronic signature. This Agreement may be signed in counterparts, each of which is an original and all of which together constitute one instrument. Signatures delivered electronically or by facsimile have the same effect as original signatures, in accordance with the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., and with any applicable state enactment of the Uniform Electronic Transactions Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"24d627b8-c708-4b02-a74e-67c03078e366","order":213,"text":"Force majeure. Neither Co-Owner is liable for a failure or delay in performing an obligation under this Agreement, other than an obligation to pay money, to the extent that the failure or delay is caused by an event beyond that Co-Owner's reasonable control, provided that Co-Owner gives prompt notice of it and resumes performance as soon as reasonably practicable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"dd84e32b-e40c-47b5-a635-bf31081b098a","order":214,"text":"Interpretation. Headings are for convenience only and do not affect construction. A reference to an Article is a reference to a numbered Article of this Agreement identified by its heading. The words \"including\" and \"includes\" are not words of limitation. No rule of construction requiring interpretation against the drafter applies to this Agreement, which the Co-Owners have negotiated jointly.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7e6bc522-1377-4fd3-941b-f5c5eddc1060","order":215,"text":"Time. Time is of the essence in the performance of every obligation under this Agreement. Where a period expires on a day that is not a Business Day, it is extended to the next Business Day.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"94b4ca1e-1099-41b6-976f-bf722e3eb9a7","order":216,"text":"IN WITNESS WHEREOF, the Co-Owners have executed this Agreement as of the Effective Date first written above.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"f98f5172-fe13-44d6-bfcc-b3dcccafbcfa","order":217,"text":"CO-OWNER 1","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"d33309bb-90df-486c-b66c-8f35966f92c8","order":218,"text":"_______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"12ca1b04-5106-45cd-bbad-f48c008fb422","order":219,"text":"[Co-Owner 1 full legal name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"ff8a478f-7f2f-4e8d-b55e-47c2ca65daf8","order":220,"text":"Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"9c8d561a-4acb-4dde-8eef-97320fd11bfa","order":221,"text":"CO-OWNER 2","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"2458a937-ea72-48de-a3cc-641ba96e05b4","order":222,"text":"_______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"3116d6ed-af83-4926-a7a7-697d9559e079","order":223,"text":"[Co-Owner 2 full legal name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"b91cda00-6914-4d1a-bede-9bb300803596","order":224,"text":"Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"d18b98c5-dedb-4578-ab7d-e4dde65a7b78","order":225,"text":"ACKNOWLEDGMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f2c0082d-9cfd-447d-af51-e0da73e61a68","order":226,"text":"State of ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"14f0ccd6-043c-4be7-9c17-6120591c7b40","order":227,"text":"County of _____________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"60c3e9e4-643b-49ec-92f3-41d61785d6da","order":228,"text":"On this _______ day of ____________________, 20____, before me, the undersigned notary public, personally appeared [Co-Owner 1 full legal name] and [Co-Owner 2 full legal name], personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes stated in it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"02932315-e26e-4fbf-9629-2ba6036a5269","order":229,"text":"_______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"8cd79932-cc40-4855-bc2b-2c521b8c3dee","order":230,"text":"Notary Public. My commission expires: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"68783865-3465-4e8b-92e5-e71016f5b5f8","order":231,"text":"CONSENT OF SPOUSE OR DOMESTIC PARTNER","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"e44e7c9b-3459-47ac-854a-401d7f768ed7","value":"yes","type":"add","operator":"="}]},{"id":"aac62ace-6811-49bc-848c-6d5290f8b5d9","order":232,"text":"The undersigned is the spouse or registered domestic partner of a Co-Owner. The undersigned has read this Agreement, consents to it, and agrees that any interest the undersigned may have or later acquire in the Property, whether by community property, marital property, homestead, dower, curtesy, elective share or any similar right, is subject to this Agreement, including the restrictions on Transfer, the buyout provisions and the waiver of partition.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"e44e7c9b-3459-47ac-854a-401d7f768ed7","value":"yes","type":"add","operator":"="}]},{"id":"6f7d4ea0-e417-4db8-a63a-d8070f6f93b4","order":233,"text":"The undersigned further agrees to execute every deed, affidavit or other document reasonably required to give effect to a Transfer, buyout or sale made in accordance with this Agreement, and confirms having had the opportunity to obtain independent legal advice before signing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true,"displayConditions":[{"field":"e44e7c9b-3459-47ac-854a-401d7f768ed7","value":"yes","type":"add","operator":"="}]},{"id":"6e1cbdbe-73d5-4ddb-b99b-a50ce80a65f3","order":234,"text":"_______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true,"displayConditions":[{"field":"e44e7c9b-3459-47ac-854a-401d7f768ed7","value":"yes","type":"add","operator":"="}]},{"id":"848653a9-8578-424a-9d08-1ed5bd1780b2","order":235,"text":"Spouse or domestic partner of [Co-Owner 1 full legal name]. Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true,"displayConditions":[{"field":"e44e7c9b-3459-47ac-854a-401d7f768ed7","value":"yes","type":"add","operator":"="}]},{"id":"baa27922-a3a6-46f1-af13-3eeaa0aebff4","order":236,"text":"_______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true,"displayConditions":[{"field":"e44e7c9b-3459-47ac-854a-401d7f768ed7","value":"yes","type":"add","operator":"="}]},{"id":"e0e79d21-bb25-440c-9e02-9917de1f3009","order":237,"text":"Spouse or domestic partner of [Co-Owner 2 full legal name]. Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true,"displayConditions":[{"field":"e44e7c9b-3459-47ac-854a-401d7f768ed7","value":"yes","type":"add","operator":"="}]},{"id":"8eef6a57-2247-443d-92c6-f72035d6b20e","order":238,"text":"EXHIBIT A","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"5","cflou":false,"active":true,"marginTop":"20"},{"id":"5b3ee941-8077-43e4-b76f-2c66ea0ed7fb","order":239,"text":"LEGAL DESCRIPTION OF THE PROPERTY","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"3c81dc70-7f82-4a10-80d1-981acf0f5447","order":240,"text":"Street address: [Street address], [City], [State]. Assessor's parcel number: [Assessor's parcel number].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e3dc6aef-443b-4abb-bce3-d27454813e2e","order":241,"text":"Legal description: [Legal description of the Property].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e76868c1-df12-4abc-93fb-ddcea179405d","order":242,"text":"The legal description set out above is taken from the deed of record and, in the event of any inconsistency, the deed of record controls.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true}]