SERVICE ADMINISTRATION AGREEMENT
THIS AGREEMENT made and entered into this ____ day of _______________ (also known as the
anniversary date) 20___, by and between
__________, hereinafter referred to as “OWNER” and NATIONAL ERA SERVICES, LLC and/or Assigns,
hereinafter referred to as SERVICER.
WITNESSETH: For and in consideration of the mutual covenants contained herein, the parties hereto agree
EXCLUSIVE RIGHT TO CONTRACT FOR DEED AND SERVICE: The OWNER hereby employs the
SERVICER exclusively, giving the SERVICER the exclusive right to Contract for Deed and Service under the
terms and conditions as hereinafter set forth for the OWNER’s property described as:
It is understood and agreed that the SERVICER is the sole procuring cause of any Contract for Deed (CFD),
written or oral, that may be negotiated during this agreement, even if said CFD may have been negotiated
either directly or indirectly by the OWNER(S) themselves.
TERM: This Agreement is entered into by the parties hereto for not less than twelve (12) months and
automatically renews for (up to ten) twelve(12) month periods on each yearly anniversary date. Either party
may cancel this agreement on its anniversary date by giving the other written notice to terminate this
agreement at least 60 days prior to each said anniversary date. However, if upon receipt of cancellation notice
from owner, the property is occupied with CFD Owners, then the term of this agreement shall extend to run
concurrent with the term of the CFD Owner’s possession in the property and shall not expire until property is
next vacant. Owner may opt to cancel this agreement at any time by giving a 60 day written notice and paying
a cancellation fee equal to one month’s rent, and all of SERVICER’s unreimbursed costs and expenses
including third party vendors and attorneys’ fees, if any. Any transfer of title to the property not preauthorized
in writing by SERVICER will also entitle SERVICER to this cancellation fee.
SERVICING COMPENSATION: In consideration of the services to be rendered by the SERVICER, the
OWNER agrees to pay the SERVICER any and all of the following forms of compensation as may be
A. FOR MANAGEMENT: Ten Percent (10%) of gross income due during occupancy each month. The
full monthly fee shall be assessed during any month that a resident remains in full or partial
B. CLOSE OUT SALE TO OCCUPANT: When the Occupant of the Serviced Property pays off the CFD
purchase agreement in full, then the SERVICER will be the procuring cause of such pay off and shall
be paid a commission of ten percent (10%) of the gross amount received. Any local realtors entitled to
compensation will be compensated out of this amount. The provision for sales commission shall
survive any termination of this agreement.
C. SALE OF PROPERTY: The SERVICER will cause this property to be listed on the local MLS and
various websites. In the event of a cash sale, the SERVICER will earn a ten percent (10%)
commission on all gross sums received and will pay any and all selling agents/listing agents their
earned portion out of this amount.
SERVICING AUTHORITY: The OWNER expressly grants to the SERVICER herein the following
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SERVICE ADMINISTRATION AGREEMENT
A. Full management and control over said property to negotiate and enter into agreements for Contract for
Deed (CFD) with new buyers and to collect all sums for down payments and ongoing monthly
B. SERVICER has authority to execute all agreements related to said property on behalf of OWNER and
the OWNER will endorse a Power of Attorney to the SERVICER for the legal right to act on the
C. Upon the property being inspected after purchase, if the property requires some repairs, it will be
discussed with the OWNER prior to repairs being completed. In some instances a few repairs go a
long way to establish increased value immediately. All repairs require prior approval from the
OWNER and must be paid within three (3) days of completion or in advance depending on the scope
D. The SERVICER will advertise and list the property as well as change locks, put a lock box on the
property with appropriate signs.
E. To serve legal notices upon the occupants in the name of the OWNER, or in the name of the
SERVICER and at the OWNER’s expense for legal actions to evict or foreclose, recover monies and
terminate tenancies employing for these purposes a local reputable attorney. Such attorney shall be
deemed to be the attorney of the SERVICER and the OWNER hereby specifically agrees that the
SERVICER may use said attorney as the SERVICER’s attorney in any dispute between the OWNER
and the SERVICER. OWNER further authorizes the SERVICER to compromise and settle claims on
the OWNER’s behalf as may be necessary in the SERVICER’s judgment.
F. The OWNER agrees that the SERVICER, without accounting to OWNER, may collect as additional
management fees, late, fees, accrued interest, lease discounts (for early payment of rents),
nonnegotiable check fees, application fees, vendor discounts (for early payment to repair/maintenance
vendors) and administrative fees paid by occupant to SERVICER and that these fees are the property
of the SERVICER to offset the OWNER’s expenses in enforcing the respective CFD provisions. First
funds collected from Occupant each month shall be applied toward late fee; legal fees, court costs,
NSF fees, and lease discount (if applicable) and lastly to Contract for Deed. If the tenants do not pay
these fees, SERVICER may deduct these fees from the Occupant’s other sums collected.
G. Interest received on the SERVICER’s Trust Account shall belong to the SERVICER to assist in
offsetting the expenses of maintaining the trust account. OWNER agrees that SERVICER may require
releases from all parties in the event of a controversy before dispersing trust funds.
H. To pay any homeowner’s association or condo association dues and deduct these dues from OWNER’s
monthly income statement, if applicable.
SERVICER’S RESPONSBILITIES: The SERVICER agrees to accept the following responsibilities:
A. To have the OWNER’s best financial interest at heart and to use all available legal means to have this
property produce income. To use diligence in the servicing of the premises for the period and upon the
terms herein provided. However, SERVICER does not guarantee the payments on Contract for Deeds,
but will make every reasonable effort to collect the same as they become due. OWNER hereby
authorized SERVICER to employ collection agencies to assist in the collection of any outstanding
occupant debt due.
B. To render monthly statements of receipt, expenses and charges and to remit to OWNER receipts less
disbursements. In the unlikely event that the disbursements shall be in excess of the rents that are
collected by the SERVICER, the OWNER hereby agrees to pay such excesses promptly upon demand
of the SERVICER. If in the SERVICER’s sole discretionary judgment, it may be necessary or proper
to reserve or withhold OWNER’s funds to meet obligations which are or may become due (including
without limitation, the SERVICER’s compensation) thereafter and for which current income will not
or may not be adequate, SERVICER may do so. In the event of a breach of this agreement on the part
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SERVICE ADMINISTRATION AGREEMENT
of the OWNER, the SERVICER may accelerate all fees due through the balance of the agreement.
OWNER hereby assigns to SERVICER all income on the subject property as security for the
obligations described herein. Said Agreement shall become absolute upon default by OWNER.
C. The OWNER hereby represents and warrants to SERVICER that they are the sole owners of fee
simple title to the property or is fully authorized to enter into this agreement as a binding enforceable
agreement of the OWNER’s property. OWNER has full right, power and authority to engage and
appoint the SERVICER for the purposes and consideration herein set forth and to enter into this
agreement. OWNER represents that the property is not currently subject to any outstanding default,
foreclosure, contract of sale, option to purchase, contract for deed, nor any other contractual obligation
which would conflict with, preclude, or prohibit SERVICER from discharging its duties described
herein. OWNER has no knowledge of any environmental hazards related to property and agrees that if
any environmental hazards arise that the OWNER takes full responsibility of any cost in removing
D. SERVICER assumes no responsibility for other services than agreed to unless specified in the terms of
this Agreement or in writing at a later date. SERVICER may assess an hourly fee for special services
not specified in this agreement.
E. To deposit all receipts collected for OWNER (less any sums properly deducted or otherwise provided
herein) in a Trust Account separate from SERVICER’s personal account. However, SERVICER will
not be held liable in the event of bankruptcy or failure of a depository and shall not be liable for bad
checks or money not collected. OWNER understands and agrees that income disbursement may or
may not be made until occupant funds have cleared SERVICER’s bank.
AGENCY AUTHORIZATION: OWNER hereby constitutes and appoints Anthony C. Salmeri, (Managing
Member of National ERA Servicing, LLC) and/or any authorized employee of SERVICER full power and
authority to do and perform all and every act and thing that might or could be done if personally represented,
with full power of substitution and revocation, hereby ratifying and confirming all that said Anthony C.
Salmeri substitute shall lawfully do or cause to be done by virtue hereof. OWNER hereby grants SERVICER
the right to enter the property at any time SERVICER deems necessary.
SAVE HARMLESS AND INDEMNITY – HOMEOWNERS POLICY: The OWNER further agrees to
save the SERVICER, it’s agent, independent contractors, and employees, harmless from all damage suits or
claims in connection with the management of said property, except in the case of gross negligence or illegal
act by the SERVICER, and from all liability or injuries to person or property suffered or sustained by any
person whomsoever, and to carry, at his (OWNER’s) expense, public liability insurance (homeowners
insurance) in sufficient amounts to protect the interest of parties hereto, which policies shall so be written to
protect the SERVICER in the same manner and to the same extent as the OWNER. OWNER shall have
liability insurance of not less than $100,000/$300,000 per occurrence and SERVICER shall be designated on
said policy as an additional insured, if possible. OWNER agrees to indemnify SERVICER for any damages
suffered as a result of any lapse in or failure by OWNER to maintain insurance coverage. The OWNER is
responsible to pay all insurance, property taxes and mortgage payments if applicable.
ATTORNEY FEES: OWNER and SERVICER do hereby agree that in the event legal procedures are
necessary to endure the provision of this agreement that the prevailing party shall be entitled to recover or
receive an award for their reasonable legal fees. In the event Manager successfully defends any action
(including, but not limited to the Courts, the Board of Realtors, the Better Business Bureau, mediation or any
administrative state agency) arising out of this transaction brought by other, including OWNER, SERVICER
shall be reimbursed their attorneys fees and court costs and for their time spent in defending such an action by
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SERVICE ADMINISTRATION AGREEMENT
WAIVER OF JURY TRIAL: The parties hereby waive their right to a jury trial on any issue arising from
the subject matter of the Agreement regardless of whether or not the cause of action is a tort or contract action.
The parties specifically agree that all issues arising out of their relationship shall be resolved by Judge sitting
NOTICES: For purposes of this Agreement, all notices required herein shall be deemed to have been
serviced upon the other party when mailed to the following addresses or to such other addresses as shall be
changed in writing, property notifying the other party:
OWNER’s Mailing Address:_________________________________________________________________
Phone #1: _______________________E-Mail Address: ___________________________________________
Phone #2: _______________________Fax #: ____________________
OWNER’s Social Security Number: ____________________________
National ERA Servicing, LLC - 8525 Quarter Horse Dr, Riverview, FL 33569 (mailing address)
813-335-3980 (Cell Phone) firstname.lastname@example.org 813-333-1342 (Fax)
CONTRACT FOR DEED: SERVICER will use best efforts to sell the property under Contract for Deed at a
monthly income of $___________ per month. SERVICER is given the right to Contract for Deed for as low
as $___________ per month. SERVICER will present all offers for OWNER’s consideration.
National ERA Servicing, LLC
By: Anthony C. Salmeri, Managing Member
Owner Initials (__________) Servicer Initials (__________) Page 4 of 4