Home Contract Samples M Memorandum Of Land Contract

Jump to Section

Quick Facts — Memorandum Of Land Contract Lawyers

What is a Memorandum Of Land Contract?

A memorandum of land contract is a document that is added as an amendment to an original land contract that serves to make changes to the original terms within. The memorandum of land contract can be used to alter major terms of the agreement, such as payment amount. However, it is also commonly used to change more minor items, such as length of the contract.

The purpose of a memorandum of land contract is to make it easy and cost effective to modify terms or add new terms to the original lease agreement. By using the memorandum, contract parties can avoid procuring legal services to make changes both parties agree to.

Memorandum Of Land Contract Sample

 
Exhibit 10.47
AMENDMENT TO LAND CONTRACT
     THIS AMENDMENT TO LAND CONTRACT (“Amendment”), made as of January 31, 2008, between MEADOWBROOK INSURANCE GROUP, INC., a Michigan corporation, whose address is 26255 American Drive, Southfield, Michigan 48304 (“Seller”), and MB CENTER II LLC, a Michigan limited liability company, whose address is 101 W. Big Beaver Rd., Suite 200, Troy, Michigan 48084 (“Purchaser”).
WITNESSETH:
     WHEREAS, Seller and Purchaser have entered into a Land Contract dated July 15, 2004 (the ”Land Contract”) for the sale and purchase of certain real property and/or interests therein located in the City of Southfield, Oakland County, Michigan, presently described on the Land Contract as Unit 14 of the American Commerce Centre condominium (the “Property”); and
     WHEREAS, the Land Contract presently provides for a total purchase price of Three Million Three Hundred Fifty-Five Thousand Three Hundred Ten and 00/100 ($3,581,459.00) of which there remains a balance due of Two Million Nine Hundred Forty-Eight Thousand Two Hundred Fifty-Nine and 82/100 Dollars ($2,948,259.82) which was due and payable on July 15, 2007; and
     WHEREAS, Purchaser desires to extend the due date on the Land Contract for approximately eighteen (18) months from November 1, 2007 and to provide the parties with an option to defer a portion of the purchase price in exchange for an assignment to the Seller of a share of the distributions to be made from operating revenues related to the Property;
     NOW THEREFORE, in consideration of the foregoing, the parties hereby agree to amend the Land Contract as follows:
1. Paragraph 1(b) shall be amended as follows. The balance of the purchase price ($2,948,259.82) and any unpaid interest shall be paid in a balloon payment prior to, but in no event later than May 1, 2009 (the “Extension Period”). The interest rate for the Extension Period shall be a rate of five percent (5%) per annum, simple interest. Purchaser shall make current any unpaid interest (at the 5% rate) from July 1, 2007 through October 31, 2007 upon execution of this Amendment by the parties hereto. Purchaser shall pay interest on the balance of the purchase price of $2,948,259.82.
2. During the Extension Period, the Purchaser shall have the option, at any time, to: (1) pay the purchase price referred to in Paragraph 1 above, or (2) reduce the Principal (as defined in the Land Contract) balance due upon payoff of the Land Contract by Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) from Two Million Nine Hundred Forty-Eight Thousand Two Hundred Fifty-Nine and 82/100 Dollars ($2,948,259.82) to Two Million One Hundred Ninety-Eight Thousand Two Hundred Fifty-Nine and 82/100 Dollars ($2,198,259.82) if the Purchaser is able to consummate a lease transaction sufficient to satisfy construction lender requirements and to permit construction on the Property. In the event Purchaser exercises option 2 above, Seller shall be assigned a seventeen percent (17%) interest in the net distributions to be made to members of the Purchaser from the operating revenues of the Property in exchange for Seller’s agreement to the purchase price reduction of $750,000.00, until such time as the Property is sold. The seventeen percent (17%) interest in the net operating cash flow distributions to be assigned to Seller shall come from the member share of

 


 
KIRCO Development LLC, whose share of net operating cash flow distributions shall be reduced to one percent (1%). Upon the sale of the Property, Seller shall be paid any undistributed operating cash flow distributions owed to Seller, plus the sum of Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) representing the deferred portion of the Principal. The payment of the Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) in deferred Principal shall be a preferred payment and shall be paid before distributions of sale proceeds to any of the members of the LLC, in full satisfaction of all of Purchaser’s obligations to Seller under this Land Contract. Thereafter, Seller shall have no further right to participate in the distribution of sale proceeds or other revenues from Purchaser. Purchaser shall provide written notification to Seller of its option exercise, in accordance with the terms of the Land Contract.
3. Seller and Purchaser acknowledge that, due to the refusal of the City of Southfield Building Department to approve the separation of the Property from Seller’s adjoining property, presently designated as Unit 13 of the American Commerce Centre condominium, without construction of a solid fire wall between the properties, which cannot be done without changing the configuration of the connector and changing the character of the building in a manner that is not acceptable to either Seller or Purchaser, Seller and Purchaser are in the process of re-combining the Property of Seller’s adjoining Unit 13, and creating a two unit office condominium on the combined properties, to be known as Meadowbrook Condominium (or if that name is not available at the time of recording, such other name as Seller shall reasonably determine) (the “Condominium”). Seller and Purchaser shall continue to cooperate in connection with the creation of the Condominium, including without limitation, executing a master deed creating the Condominium or, in the case of Purchaser, a land contract vendee’s consent thereto, and such other documents as may be necessary to effectuate the same. Upon recording of the master deed for the Condominium, this Land Contract shall be deemed to be automatically amended to change the description of the Property to Unit 2 of the Condominium, and the parties shall execute and record an amended memorandum of land contract evidencing that change. The deed to be delivered, pursuant to this Land Contract, shall convey Unit 2 of the Condominium.
4.   Except as amended hereby the Land Contract shall remain in full force and effect.
     IN WITNESS WHEREOF, the parties have executed this Amendment to Land Contract as of the date first set forth above.
                     
PURCHASER:       SELLER:
 
                   
MB CENTER II LLC, a Michigan limited       MEADOWBROOK INSURANCE GROUP,
liability company       INC., a Michigan corporation
 
                   
By:   KIRCO Development LLC a Michigan            
    limited liability company            
Its:
  Manager       By:   /s/ Robert S. Cubbin
 
                   
 
                  Robert S. Cubbin
 
  By:   /s/ A. Mathew Kiriluk, II       Its:   President & CEO
 
                   
 
      A. Mathew Kiriluk, II            
 
  Its:   President            

 


Reference:
Security Exchange Commission - Edgar Database, EX-10.47 4 k24822exv10w47.htm LAND CONTRACT AMENDMENT, Viewed October 25, 2022, View Source on SEC.

Who Helps With Memorandum Of Land Contracts?

Lawyers with backgrounds working on memorandum of land contracts work with clients to help. Do you need help with a memorandum of land contract?

Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate memorandum of land contracts. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.

See Real Land Contract Projects

North Carolina Road Agreement Addendum Review
  • North Carolina
  • 2 lawyer bids
  • $250 - $395
View Details
Texas Review contract for land purchase Review
  • Texas
  • 2 lawyer bids
  • $500 - $655
View Details
Wisconsin Up north land and cabin Drafting
  • Wisconsin
  • 3 lawyer bids
  • $285 - $550
View Details
Oklahoma 10 acres Review
  • Oklahoma
  • 4 lawyer bids
  • $399 - $1,390
View Details
Ohio Create Land Contract Drafting
  • Ohio
  • 3 lawyer bids
  • $900 - $1,000
View Details
Wisconsin Land contract offer to purchase with 2 payments, with a legal easement description in the deed, added to 2 40's and amended in 3 other 40's for the easement. Drafting
  • Wisconsin
  • 3 lawyer bids
  • $450 - $900
View Details

See all Land Contract projects


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Memorandum Of Land Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 21,142 reviews

Meet some of our Memorandum Of Land Contract Lawyers

Agnes M. on ContractsCounsel
View Agnes
5.0 (10)
Member Since:
July 13, 2020

Agnes M.

Managing Attorney
Free Consultation
Florida
16 Yrs Experience
Licensed in FL, NJ, PA
Florida Coastal School of Law

Agnes Mombrun Geter is the Founder and Managing Attorney of Mombrun Law, PLLC. She is an experienced attorney and is a member of the Florida Bar, New Jersey Bar, and the Pennsylvania Bar. The firm's practice focuses on Estate Planning, Business Law, and Debt Settlement including IRS Debt Relief. The firm's goal is to simplify the law and provide clients with the confidence and information necessary to make their decisions. The firm also provides project-based legal services to other attorneys and law firms, along with assisting as personal counsel and local counsel on legal matters.

Recent  ContractsCounsel Client  Review:
5.0

"Ma. Agnes was very kind and thorough. I highly recommend her and would hire her again if needed."

Nicholas V. on ContractsCounsel
View Nicholas
5.0 (12)
Member Since:
February 28, 2022

Nicholas V.

Attorney
Free Consultation
Denver, CO
8 Yrs Experience
Licensed in AL, CO, NY, TX
Texas A&M University School of Law

I am a solo practitioner, and manager of the Law Office of Nicholas J. Vail, PLLC, with offices in Denver, Colorado and Austin, Texas with a focus on general business and real estate contracts.

Recent  ContractsCounsel Client  Review:
5.0

"Nicholas was great! Highly recommend and I will be using his services again."

Jonathan M. on ContractsCounsel
View Jonathan
5.0 (1)
Member Since:
January 19, 2023

Jonathan M.

Attorney
Free Consultation
Charlotte, NC
16 Yrs Experience
Licensed in NC, SC, VA
Charlotte School of Law

Owner and operator of Meek Law Firm, PC. Meek Law Firm provides comprehensive business law representation, precise and informed representation for real estate transactions in the commercial and residential markets of North and South Carolina and efficient succession and estate planning for business owners and individuals.

Recent  ContractsCounsel Client  Review:
5.0

"He educated and did a through job with making sure that all the bases were covered in the contract reviewed. I do hope to work with again."

Jane C. on ContractsCounsel
View Jane
4.9 (145)
Member Since:
October 8, 2020

Jane C.

Attorney
Free Consultation
New York
21 Yrs Experience
Licensed in CT, DC, NY
Pace University School of Law

Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.

Recent  ContractsCounsel Client  Review:
5.0

"Jane was great to work with. She was responsive, thorough, and made every revision I requested without any issues. She took the time to ensure the agreement reflected exactly what I wanted and was very knowledgeable throughout the process. I appreciate all of her hard work and would definitely recommend her to anyone looking for quality legal drafting services."

Danny J. on ContractsCounsel
View Danny
4.9 (14)
Member Since:
October 17, 2022

Danny J.

Attorney
Free Consultation
New York, NY
12 Yrs Experience
Licensed in NY
New York Law School

I have had my own law practice since 2014 and I enjoy solving my clients’ problems. That’s why I constantly stay on top of the latest developments in the law and business of startups, entertainment, art, intellectual property, and commercial enterprise. I constantly keep learning because everything I learn helps me make my client’s life better. I assist clients in all aspects of copyright, trademark, contract, trade secret, business, nonprofit, employment, mediation, art, fashion, and entertainment law. Even though I am licensed to practice law in NY, I have worked for clients all over the country and even in Europe, Africa, and Latin America. No matter the client, I always look for ways to protect their assets, artworks, businesses, and brands with strategies to help them grow. I am a fluent bilingual legal professional who can analyze complex legal and business problems and solve them creatively for the benefit of my clients. I am detail-oriented and attentive which makes me excellent at negotiating, drafting, and revising all types of agreements and deals. I advise creatives and companies on intellectual property issues, risk management, and strategic planning. My clients love what I do for them because I employ a practical, client-tailored, and results-oriented approach to their case, no matter how small.

Recent  ContractsCounsel Client  Review:
4.0

"Solid substantive work on a B2B services agreement review. Danny strengthened the data rights, IP, and liability sections with precise definitions and useful statutory references, delivered ahead of schedule, and his cover memo was clear and well-organized. Would hire again."

Jingjing L. on ContractsCounsel
View Jingjing
Member Since:
October 14, 2022

Jingjing L.

Attorney
Free Consultation
London, UK
9 Yrs Experience
Licensed in IL
University of Chicago Law School

I am a dual qualified (Illinois; England & Wales) transactional lawyer with about 6 years of legal experience. I'm very commercial and pragmatic in my approach, and I provide clear and timely service. I have worked in two of the top international "big law" firms focusing on corporate, private equity, insurance and financial services work. I'm now working in-house at a Fortune 500 company and have a wide range of experience with commercial and corporate contracts as well as legal and regulatory research.

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for Memorandum Of Land Contract Projects

Road Agreement Addendum

5.0

"He educated and did a through job with making sure that all the bases were covered in the contract reviewed. I do hope to work with again."

North Carolina
Review
Land Contract
ContractsCounsel User

Review Land Contract

5.0

"You are amazing! Thank you for putting our minds at ease."

Florida
Review
Land Contract
ContractsCounsel User

Solar Contract

5.0

"Thank you very much for all of your help!"

Hourly
Outside General Counsel
Land Contract
ContractsCounsel User

Draft Land Contract

5.0

"Simple, quick & efficient"

Florida
Drafting
Land Contract
ContractsCounsel User

Contract for Deed for deal between family

5.0

"Great to work with."

New Jersey
Drafting
Land Contract
ContractsCounsel User

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Memorandum Of Land Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 21,142 reviews
Real Estate lawyers by top cities
See All Real Estate Lawyers
Memorandum Of Land Contract lawyers by city
See All Memorandum Of Land Contract Lawyers

ContractsCounsel User

Recent Project:
Land installment Contract Drafting
Location: Alabama
Turnaround: Less than a week
Service: Drafting
Doc Type: Land Contract
Number of Bids: 2
Bid Range: $700 - $750

ContractsCounsel User

Recent Project:
Land Contract Drafting
Location: Indiana
Turnaround: Less than a week
Service: Drafting
Doc Type: Land Contract
Number of Bids: 3
Bid Range: $450 - $900

Need help with a Memorandum Of Land Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 21,142 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city