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This agreement for exchange of personal property is an agreement between two individuals who are owners of certain property which are agreeing to exchange their respective items without any monetary consideration exchanging hands. It contains the material terms of such an agreement, including the party names, descriptions of the respective properties and the closing date. This document contains standard clauses as well as opportunities for customization to ensure that the understandings and agreement of the parties are properly set forth.
This agreement for exchange of personal property is an agreement between two individuals who are owners of certain property which are agreeing to exchange their respective items without any monetary consideration exchanging hands. It contains the material terms of such an agreement, including the party names, descriptions of the respective properties and the closing date. This document contains standard clauses as well as opportunities for customization to ensure that the understandings and agreement of the parties are properly set forth. AGREEMENT FOR EXCHANGE OF PERSONAL PROPERTY This Agreement for Exchange of Personal Property (hereinafter the “Agreement”) has been made as of __________ day of __________, _____ between ___________________ (hereinafter “Seller”, a resident of ____________________, and _________________ (hereinafter “Buyer”, a resident of ____________________. WHEREAS, the parties to this Agreement are the legal owners of the respective properties described below. The parties hereto have agreed to exchange the below described properties (hereinafter the “Properties”) pursuant to the terms agreed to below. NOW THEREFORE, in consideration of the parties’ respective covenants, representations, warranties, and agreements hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. Description of Property: Pursuant to this Agreement, Seller hereby agrees to transfer to Buyer the following personal property: _________________________ [DESCRIPTION] and in exchange of such a property, Buyer agrees to transfer to Seller the following personal property: _________________________ [DESCRIPTION]. 2. No Other Consideration. Both parties agree that there is no consideration that one party will pay the other for the property to be exchanged. 3. Waiver. The waiver of one or more defaults by any party to this Agreement shall not be deemed a waiver of any subsequent default of that provision of the Agreement or of a default under any other provision of this Agreement. 4. Closing Date. The consummation of the transaction contemplated by this Agreement ("Closing") shall occur on __________ day of __________, _____ at_______________ [SPECIFIC LOCATION/ADDRESS]. At the Closing, each party will give the other a properly executed Bill of Sale for the property transferred, together with an affidavit of title to the property and an affidavit of no liens. [ADD IF MORE CLOSING DOCUMENTS ARE REQUIRED]. 5. No Representations. Neither party has made any representations or promises other than those contained in this agreement or in some further writing signed by the party making the representation or promise. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 6. No Warranties. Neither party makes any warranty as to the value or condition of the property he will deliver to the other. Both Seller and Buyer have inspected the property to be received by them and are satisfied that the exchange is fair and reasonable. 7. Marketable Title. Each party shall convey and deliver at Closing good and marketable title to their respective property, in form and content acceptable to each, free and clear of all mortgages, liens, encumbrances, leases, security interests, covenants, conditions, restrictions, and judgments and other matters affecting title, 8.General Provisions a. Entire Agreement and Modification. This Agreement embodies and constitutes the entire understanding between the parties with respect to the transaction contemplated herein. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into and superseded by this Agreement. No representations, agreements, understandings, warranties, or indemnities shall be in force hereafter or deemed to exist between the parties unless expressly set forth herein. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in such instrument. b. Fax Copies. To facilitate execution, the parties hereto agree that this Contract may be executed and faxed to the other party and that the executed telecopy shall be binding and enforceable as an original. c. Effective Date. The Effective Date hereof shall be the date upon which the last of the parties hereto have executed this Agreement. d. Applicable Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of _________. Venue for enforcement shall be in _________ County, in the State of ___________ e. Headings. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. f. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns, provided that no assignment shall be made except in accordance with the provisions hereof. g. Counterparts. This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constitute one and the same Agreement. h. Assignment of Contract. This Agreement may not be assigned by either party without the other party’s prior consent, which consent may not be unreasonably withheld or delayed. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date indicated below their signatures intending to be bound thereby. Date: [signature] Seller Date: [signature] Buyer © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4
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