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LifeTree Property Solutions, LLC Re: Property Finder Program PO Box 1793 Benton, AR 72018 USA
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A "GET RICH SCHEME."
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
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As always, the advice of a competent legal, tax, accounting or other professional should be sought.
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LifeTree Property Solutions, LLC Re: Property Finder Program PO Box 1793 Benton, AR 72018-1793 USA
NON-CIRCUMVENTION, NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT
THIS AGREEMENT entered into on the day you sign up to become a Property Finder/Scout in our Property Finder Program is for the Professional Association and arrangement of Non-Circumvention, Non-Disclosure and Confidentiality between you and the business LifeTree Property Solutions LLC, hereinafter, called the "The Parties." The Parties with this agree to respect the integrity and tangible value of this agreement between them.
THIS AGREEMENT is a perpetuating guarantee for five (5) years from the date of execution and is to be applied to any and all transactions present and future, of the introducing party (LIFETREE), including subsequent follow-up, repeat, extended, renegotiated, and new transactions regardless of the success of the project.
Because of THIS AGREEMENT, the Parties involved in this transaction may learn from one another, or from principals, the names and telephone numbers of investors, borrowers, lenders, agents, brokers, banks, lending corporations, individuals and/or trusts, or buyers and sellers hereinafter called contacts. The Parties with this acknowledge, accept and agree that the identities of the contacts will be recognized by the other Party as exclusive and valuable contacts of the introducing Party and will remain so for the duration of this agreement.
The Parties agree to keep confidential the names of any contacts introduced or revealed to the other party, and that their firm, company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees, or consultants will not contact, deal with, negotiate or participate in any transactions with any of the contacts without first entering a written agreement with the Party (LifeTree Property Solutions) unless that Party gives prior written permission. Such confidentiality will include any names, addresses, telephone, telex, facsimile numbers, and/or other pertinent information disclosed or revealed to either Party.
The Parties agree not to disclose, reveal or make use of any information during discussion or observation regarding methods, concepts, ideas, product/services, or proposed new products or services, nor to do business with any of the revealed contacts without the written consent of the introducing party or parties, i.e. LifeTree Property Solutions.
The Parties agree that due to the many variables surrounding each Business Financial Transaction that will occur because of this agreement, the commission to be paid and/or the fee structure between the Parties can vary per house, and per information given or not given. In case of circumvention, the Parties agree and guarantee that they will pay a legal monetary penalty that is equal to the commission or fee the circumvented Party should have realized in such transactions, by the person(s) engaged on the circumvention for each occurrence. If either party commences legal proceedings to interpret or enforce the terms of THIS AGREEMENT, the prevailing Party will be entitled to recover court costs and reasonable attorney fees.
The parties will construe THIS AGREEMENT in accordance with the laws of the State of Arkansas. If any provision of this agreement is found to be void by any court of competent jurisdiction, the remaining provisions will remain in force and effect. THIS AGREEMENT contains the entire understanding between the Parties and any waiver, amendment or modification to THIS AGREEMENT will be subject to the above conditions and must be attached hereto.
Upon execution of THIS AGREEMENT by signing to Join the Property Finder Program the Parties agree that any individual, firm company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees or consultants of which the signee is an agent, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
By Terms of Use, and Joining to be a Property Finder this Non-Circumvention, Non-Disclosure and Confidentiality Agreement shall constitute a legal and binding instrument. By joining the Property Finder Program, entering in your information forth my you warrant that you have complete authority to enter into THIS AGREEMENT.
This Agreement is made effective as of the time you entered your information to Join the Property Finder Program by and between LifeTree Property Solutions, and you, and/or your company that you are principle.
In this Agreement, the parties who are contracting to receive services shall be referred to as “LifeTree” for LifeTree Property Solutions, i.e. Property & Foreclosure Solutions, LLC, and the party who will be providing the services shall be referred to as the "Consultant" or “Finder”. LifeTree desires to have services provided by the Consultant above. Therefore, the parties agree as follows:
1. DESCRIPTION OF SERVICES. Beginning on the date of Joining the Progam, by entering requested information, the Consultant will provide the following services (collectively, the "Services"): a real estate locator, referral and contact service.
2. PERFORMANCE OF SERVICES. The Consultant shall determine the manner in which the Services are to be performed and the specific hours to be worked by the Consultant. The Seller and/or the Buyer (LifeTree) will rely on The Consultant to work as many hours as may be reasonably necessary to fulfill the Consultant's obligations under this Agreement.
3. PAYMENT. LifeTree Property Solutions will pay a locator, referral and/or contact fee to the Consultant for the Services equivalent to a flat fee in the amount of $500 for services as described in Paragraph 1 above and $ 1,000.00 for services described in the SERVICE AGREEMENT, section 4 below. All fees due to Consultant shall be payable in a lump sum upon completion of the closing on property the Consultant finds, unless otherwise further negotiated between LifeTree Property Solutions and the Consultant. Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that the Consultant shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which the Consultant has not yet been paid. a.) The Property Finder/Bird Dog shall have no right or authority to assume or create any obligation or liability, expressed or implied, for or on behalf of LifeTree, or to otherwise bind LifeTree in any manner whatsoever. So the Finder/Bird Dog shall be entitled to the Finder’s Fee of $500 in the event that during their time as contracted the Business Transaction is consummated or materialized, and the Finder discovered the client to assist LifeTree during the period in which they are under contract. b.) The flat fee shall become due and payable by LifeTree immediately upon consummation of the Business Transaction. LifeTree shall have no obligation to pay the Consultant/Finder any Finder’s fee or other amount if the Business Transaction in question fails to close for any reason, including without limitation, as a result of an actual or purported breach or default by LifeTree. c.) For the purposes of this Agreement, the “Business Transaction” shall be defined as assisting LifeTree in finding clients on the terms and conditions acceptable to LifeTree. LifeTree reserves all rights, and in its sole and absolute discretion, and without any obligation to pay a Finder’s Fee or any other sum to Finder, to withdraw from negotiations concerning any proposed Business Transaction, and/or accept or reject any finding by the Finder, or all or part of any proposed Business Transaction, at any time, with or without cause. As used herein, “consummation” or “completion” of the Business Transaction shall not be deemed to have occurred unless and until the above occurred, and the below:
4. SERVICE AGREEMENT. In order to get paid $1000 Finder’s fee, the Consultant will have to provide discovery of a client’s information above and beyond that stated above, which is the $500 Finder’s Fee: - Prices (Actual comparables for the area, and what the owner may be willing to accept as a buyout amount) - Costs (Repair Costs, Taxes, Maintenance Costs, Electricity Costs, Heating/Cooling Costs, etc.) - Pictures of the property (the outside and all four sides of the property, and inside pictures of all the rooms to get a better idea of the potential repair costs--if possible as determined by LifeTree, and if house is locked with no way to legally view the inside) - Future plans of the owners, or if it will be Auctioned off and the date of Auction. - A filled out Seller Lead Sheet (Provided by LifeTree to the Consultant) The flat fee of $1000 shall become due and payable by LifeTree immediately upon consummation of the Business Transaction. Finder’s “Discovery” of a client shall occur only if the client is identified and introduced by the Finder and acknowledged by LifeTree in writing (or email) during the time the Finder is an active Consultant for LifeTree, as stated in this agreement. Finder shall not be deemed to have discovered any client who contacted or was contacted by LifeTree on or before the Effective Date, or any client who hereafter contacts or is contacted by LifeTree after Effective Date before being identified and introduced in writing (or email) by the Consultant/ Finder to LifeTree (if at all) (collectively, “Independent Contacts”). LifeTree shall attempt to provide Consultant/Finder with an updated list of Independent Contacts from time to time, but any delay or failure by LifeTree to do so shall not constitute a waiver of or otherwise prejudice any of LifeTree’s rights or impose any obligations on LifeTree whatsoever.
5. TERM/TERMINATION. This Agreement shall terminate automatically upon completion by the Consultant of the Services required by this Agreement. This Agreement may be so terminated by either party at any time, with or without cause. This Agreement can be terminated by either party by the giving of written notice of termination to the other. In the event that LifeTree sends a notice of termination after the Finder has incurred specific, direct expenses in connection with this Agreement, LifeTree shall reimburse for the amount of expenses at the time of termination, ONLY if that Finder had previously found a client or clients in which LifeTree materialized a full closing or closings.
6. RELATIONSHIP OF PARTIES. It is understood by the parties that the Consultant is an Independent contractor with respect to each, and not an employee of LifeTree Property Solutions or affiliated companies. LifeTree shall NOT provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Consultant under this Agreement. A W-9 will be provided for tax purposes for the total amount made during each year prior to April 15th.
7. INDEPENDENT CONTRACTORS. The Consultant's employees, if any, who perform services for the LifeTree under this Agreement, shall also be bound by the provisions of this Agreement as well. At the request of LifeTree, the Consultant shall provide adequate evidence that such persons are the Consultant's employees, and will let LifeTree know of these employees in writing before they begin to work for or consult the above Consultant/Finder.
8. CONFIDENTIALITY. The Business recognizes that The Consultant has and will have the following information: - Business affairs and other proprietary information (collectively, "Information") which are valuable, special and unique assets of LifeTree and need to be protected from improper disclosure. In consideration for the disclosure of the Information, the Consultant agrees that the Consultant will not at any time or in any manner, either directly or indirectly, use any Information for the Consultant's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of LifeTree Property Solutions. The Consultant will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement. Finder agrees to: a.) hold all confidential, non-public information received from LifeTree or its affiliates, or their respective representatives, strictly confidential, b.) use or release such information only in the performance of this Agreement, and not use or release or permit the use or release of any of such information for any other purposes, c.) return to LifeTree all such information in whatever format (and all copies thereof) at the conclusion of each potential Business Transaction, and for sure all information at the termination of this Agreement, and d.) uphold the Non-Circumvent Agreement, separate from this agreement, yet also signed by both parties.
9. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that The Consultant and/or their employees, friends, or family members have disclosed (or have threatened to disclose) Information in violation of this Agreement, LifeTree Property Solutions shall be entitled to an injunction to restrain the Consultant from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed, notwithstanding that this Agreement is not exclusive to the Seller and or the Buyer, and the Consultant shall be allowed to use such confidential information under identical agreement with any other third party who may be interested in purchasing the Seller's and/or selling to the Buyer up to and until the time the Seller and/or the Buyer have entered into their agreement(s) to consummate a financial transaction. LifeTree Property Solutions shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
10. CONFIDENTIALITY AFTER TERMINATION OF SERVICES. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement, as under the Non-Circumvent Agreement signed by both parties.
11. ATTORNEY’S FEES. If legal action is brought to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other recovery to which such party may be entitled.
12. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
LifeTree Property Solutions, LLC Re: Property Finder Program PO Box 1793 Benton, AR 72018 USA
LifeTree Property Solutions, LLC (owner of the website) is a real estate investment company. As INVESTORS: LifeTree Property Solutions, LLC sole focus is buying, selling, and leasing properties for a profit. LifeTree does not represent the interests of any party other than their own. All parties to any transaction related to LifeTree investment efforts are encouraged to seek professional representation and/or counsel.
**LifeTree Property Solutions, LLC nor any of our affiliated businesses, are associated with the United States government, and our service(s) is not endorsed or approved by the United States government or your lender. Even if you accept this offer of assistance and use our service(s), your lender may not agree to change your loan, accept a short sale offer, or even stop foreclosure.
**As required by FTC's Mortgage Assistance Relief Services (MARS) Rule Edward Holden is a Real Estate Investor and CEO of LifeTree Property Solutions, LLC (who owns this website) which buys and sells properties for a profit, rents-to-own properties to buyers, or assigns contracts to other cash investors for a profit.