Earnest operations llc

Author: s | 2025-04-25

The Earnest Student Loan Program Issuers ( Earnest Issuers ) are limited liability companies formed for the securitizations of Earnest Operations LLC ( Earnest ). Earnest Operations LLC Earnest Loans are made by Earnest Operations LLC or One American Bank, Member FDIC: Earnest Operations LLC

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Or Sellers, nor is it intended to be used as a resolution for disputes between Buyers and Sellers. Brokerage should advise its clients and customers to seek legal counsel if they have questions concerning their rights or contract interpretation.2021QUESTION: Broker has a client in a transaction governed by a purchase sale agreement that states no earnest money will be required from the Buyer. Broker questions if earnest money is required as consideration to create a valid and binding contract. RESPONSE: It is highly recommended that parties use earnest money in all real estate transactions utilizing the Idaho REALTORS® forms. Those forms are designed around, and contain various references to, earnest money not the least of which is the option for a forfeiture of earnest money in the event of a Buyer default.While it is best practice to always state an amount of earnest money, that practice is based on several aspects and not solely to create monetary consideration for the agreement to be binding. Other factors can constitute consideration. The legal analysis into whether a real estate contract involved proper consideration is extremely complex and it does not always turn on the fact that earnest money was provided. The Idaho Supreme Court has stated:While this Court will not inquire as to the adequacy of consideration as bargained for by parties to an agreement, some consideration is a necessary element to a contract. Vance v. Connell, 96 Idaho 417, 419, 529 P.2d 1289, 1291 (1974). “To constitute consideration, a performance or a return promise must be bargained for. A performance or return promise is bargained for if it is sought by the promisor in exchange for his promise and is given by the promise in exchange for that promise.” Restatement (Second) of Contracts § 71 (1981).Boise Tower Assocs., LLC v. Hogland, 147 Idaho 774, 780 (2009).Further, the definition from Black’s Law Dictionary, a widely cited and referenced legal text defines earnest money as follows: A deposit paid (often in escrow) by a prospective buyer (esp. of real estate) to show a good-faith intention to complete the transaction, and ordinarily forfeited if the buyer defaults. Although earnest money has traditionally been a nominal sum (such as a nickel or a dollar) used in the sale of goods, it is not a mere token in the real-estate context: it is generally a percentage of the purchase price and may be a substantial sum.The amount of earnest money deposited rarely exceeds 10 percent of the purchase price, and its primary purpose is to serve as a source of payment of damages should the buyer default. Earnest money is not essential to make a purchase agreement binding if the buyer’s and seller’s exchange of mutual promises of performance (that is, the buyer’s promise to purchase and the seller’s promise to sell at a specified price and terms) constitutes the consideration for the contract.” John W. Reilly, The Language of Real Estate 131 (4th ed. 1993).EARNEST MONEY, Black’s Law Dictionary (11th ed. 2019)These quotations are not

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To the day of closing.Contract and Title:Immediately upon the conclusion of the bidding, the high bidder(s) will enter into a real estate contract and the earnest money will be deposited in the Real Estate Trust Account of the KVC Auctions, LLC DBA Bidder-UP Auctions or assigned title company. The seller reserves the right to reject any and all bids unless being sold absolute.Earnest Payment:Earnest money in the amount of ten (10%) percent of the contract price shall be due with the acceptance of the offer. The payment may be in the form of a cashier’s check, personal or company check with bank letter of guarantee, or wired funds. Earnest money will be deposited in the Real Estate Trust Account of KVC Auctions, LLC DBA Bidder-UP Auctions or assigned title company.Closing:The sale closing is 30 days after acceptance of bid, or such other date agreed to by both parties. Certified funds will be required at the time of closing for the remaining balance of the purchase. The balance shall be paid in the form of certified funds upon closing.Possession:Possession will be granted at closing, or such other date agreed to by both parties, subject to the current commercial lease.Agency:KVC Auctions, LLC DBA Bidder-UP Auctions stipulates that they are representing the seller exclusively in this transaction. KVC Auctions, LLC DBA Bidder-UP Auctions acts as the Auctioneer and Auction Company. Winning bidder acknowledges that they are representing themselves in completing the auction sales transaction.Notice:All information contained in this ad and brochure has been gained from sources considered to be reliable. However, bidders are invited to inspect the property and make their own investigations with respect thereto. This sale is subject to all easements, covenants, leases, and restrictions of record. All sales are presumed to be made by the individual judgment of the purchaser. All property is sold on an “As is- Where is” basis with no warranties or guarantees, expressed or implied, made by the Realtor or Seller. All map boundaries are approximate, and photographs used may or may not depict the actual property. All bids will be on a whole dollar amount basis. Seller reserves the right to reject any and all bids. Any announcements made auction day by the auctioneer will take precedence over any previous material or oral statements. Bidding increments are at the sole discretion of the auctioneer. All decisions of the auctioneer are final.Buyers Premium:15% Buyer's Premium - There will be an additional 15% fee added to the hammer price paid by the buyer.Internet Bidding:Will be available by clicking online bidding link to register. Neither the Auction Company nor the Seller is responsible in the event of loss of internet signal by either side.ARBITRATION:Any action, claim, controversy, counterclaim,

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Remedies, all of which shall be available to SELLER; it may however be used to offset SELLER’S damages. (Emphasis added)Pursuant to the language above, non-refundable Earnest Money is not considered liquidated damages thus Seller is open to pursue other damages.QUESTION: Broker represents Buyer. Buyer is terminating the transaction and is willing to surrender the earnest money. Seller has agreed to terminate and accept the earnest money. Broker questions if Seller can rightfully sue Buyer for more money if Seller accepts the earnest money. RESPONSE: Typically, Seller would be barred from suing Buyer after accepting earnest money. The contract between the parties (RE-21) states: If BUYER defaults in the performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated damages or (2) pursuing any other lawful right and/or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER’S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, appraisal, credit report fees, inspection fees and attorney’s fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER’S Broker, provided that the amount to be paid to SELLER’S Broker shall not exceed the Broker’s agreed-to commission. SELLER and BUYER specifically acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall be SELLER’S sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. However, in the event the parties mutually agree in writing that the Earnest Money shall become non-refundable, said agreement shall not be considered an election of remedies by SELLER and the non-refundable Earnest Money shall not constitute liquidated damages; nor shall it act as a waiver of other remedies, all of which shall be available to SELLER; it may however be used to offset SELLER’S damages. If SELLER elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs incurred by SELLER’S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title insurance, escrow fees, appraisal, credit report fees, inspection fees and attorney’s fees, with any balance of the Earnest Money to be held pending resolution of the matter.The language above provides that forfeited earnest money acts as liquidated damages and that if Seller accepts said monies, it shall be Seller’s only recourse.Of course, if Buyer is concerned about the Seller suing, Buyer is free to draft or have an attorney draft a separate release document that pertains to the particular circumstances of Buyer’s transaction. Broker should not draft such a release for Buyer as that would most likely constitute the practice of law. Like Brokers, the Legal Hotline does not provide legal advice to Buyers. The Earnest Student Loan Program Issuers ( Earnest Issuers ) are limited liability companies formed for the securitizations of Earnest Operations LLC ( Earnest ). Earnest Operations LLC

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And strong, and fulfill their role in the forest community. But Little Tree is having none of it, even when his leaves turn droopy and brown. "What would he do without his leaves?" writes Long (the Otis series), adding, in what becomes the book's poignant refrain, "Little Tree just hugged his leaves tight." It's the kind of parable that could turn preachy and soggy very quickly, but Long makes it work; in fact, his willingness to take his time and even test the audience's patience with his arboreal hero's intransigence results in an ending that's both a big relief and an authentic triumph. Childhood is full of big, difficult transitions; Long's earnest-eloquent narrative voice and distilled, single-plane drawings, both reminiscent of an allegorical pageant, acknowledge the reality of the struggle while offering the promise of brighter days ahead. Ages 5 8. GENRE Kids RELEASED 2015 October 27 LANGUAGE EN English LENGTH 40 Pages PUBLISHER Penguin Young Readers Group SELLER Penguin Random House LLC SIZE 59.3 MB More Books Like This More Books by Loren Long & Bernard Clark

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($1546.37)Outstanding Unspecified Public Purpose: $9,937,000 ($1546.37)Short Term Debt Outstanding - Beginning: $1,141,000 ($177.56)End of Fiscal Year: $958,000 ($149.08) Businesses in Eudora, KSNameCountNameCountDairy Queen1SONIC Drive-In1Kroger1Subway1 Strongest AM radio stations in Eudora:WHB (810 AM; 50 kW; KANSAS CITY, MO; Owner: UNION BROADCASTING, INC.)KKHK (1250 AM; 25 kW; KANSAS CITY, KS)KCSP (610 AM; 5 kW; KANSAS CITY, MO; Owner: ENTERCOM KANSAS CITY LICENSE, LLC)KXTR (1660 AM; 10 kW; KANSAS CITY, KS; Owner: ENTERCOM KANSAS CITY LICENSE, LLC)KCMO (710 AM; 10 kW; KANSAS CITY, MO; Owner: SUSQUEHANNA KANSAS CITY PARTNERSHIP)KCCV (760 AM; daytime; 6 kW; OVERLAND PARK, KS; Owner: BOTT BROADCASTING COMPANY)KMBZ (980 AM; 5 kW; KANSAS CITY, MO; Owner: ENTERCOM KANSAS CITY LICENSE, LLC)KKLO (1410 AM; 5 kW; LEAVENWORTH, KS; Owner: CHARA COMMUNICATIONS, INC.)WIBW (580 AM; 5 kW; TOPEKA, KS; Owner: MCC RADIO, LLC)KCTE (1510 AM; daytime; 10 kW; INDEPENDENCE, MO; Owner: UNION BROADCASTING, INC.)KMAJ (1440 AM; 5 kW; TOPEKA, KS; Owner: CUMULUS LICENSING CORP.)KPHN (1190 AM; 5 kW; KANSAS CITY, MO; Owner: ABC, INC.)KLWN (1320 AM; 0 kW; LAWRENCE, KS; Owner: ZIMMER RADIO OF MID-MISSOURI, INC)Strongest FM radio stations in Eudora:KANU (91.5 FM; LAWRENCE, KS; Owner: UNIVERSITY OF KANSAS)KCCV-FM (92.3 FM; OLATHE, KS; Owner: BOTT BROADCASTING COMPANY)KJHK (90.7 FM; LAWRENCE, KS; Owner: THE UNIVERSITY OF KANSAS)KCHZ (95.7 FM; OTTAWA, KS; Owner: SYNCOM RADIO CORPORATION)KLZR (105.9 FM; LAWRENCE, KS; Owner: ZIMMER RADIO OF MID-MISSOURI, INC)KZPL (97.3 FM; LEE'S SUMMIT, MO; Owner: UNION FIRST BROADCASTING, LLC)KFKF-FM (94.1 FM; KANSAS CITY, KS; Owner: INFINITY RADIO SUBSIDIARY OPERATIONS INC.)KCMO-FM (94.9 FM; KANSAS CITY, MO; Owner: SUSQUEHANNA KANSAS CITY PARTNERSHIP)KQRC-FM (98.9 FM; LEAVENWORTH, KS; Owner: ENTERCOM KANSAS CITY LICENSE, LLC)KRBZ (96.5 FM; KANSAS CITY, MO; Owner: ENTERCOM KANSAS CITY LICENSE, LLC)KYYS (99.7 FM; KANSAS CITY, MO; Owner: ENTERCOM KANSAS CITY LICENSE, LLC)KMXV (93.3 FM; KANSAS CITY, MO; Owner: INFINITY RADIO OPERATIONS INC.)WDAF-FM (106.5 FM; LIBERTY, MO; Owner: ENTERCOM KANSAS CITY LICENSE, LLC)KUDL (98.1 FM; KANSAS CITY, KS; Owner: ENTERCOM KANSAS CITY LICENSE, LLC)KPRS (103.3 FM; KANSAS CITY, MO; Owner: CARTER BROADCAST GROUP, INC.)KSRC (102.1 FM; KANSAS CITY, MO; Owner: INFINITY RADIO OPERATIONS INC.)KBEQ-FM (104.3 FM; KANSAS CITY, MO; Owner: INFINITY RADIO SUBSIDIARY OPERATIONS INC.)KCFX (101.1 FM; HARRISONVILLE,

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By Andrew PierceAn entrepreneur at heart, Andrew Pierce founded Wyoming LLC Attorney after facing his own business formation challenges. With a background in corporate structuring, he's dedicated to making legal guidance accessible and affordable so others can start with confidence.What's the Difference Between a Manager Managed LLC and a Member Managed LLC?Wyoming LLC Benefits-Form a Wyoming LLCIf you're uncertain about the difference between a manager-managed LLC and a member-managed LLC, you've come to the right place. Many people get these two confused and aren't sure which is the right structure for their business.What is the Difference Between Manager-Managed vs. Member-Managed?Let's take a look at some of the main differences between these two types of structures:A manager-managed LLC allows for 3rd party management.A manager-managed LLC can have passive investors. This can be helpful for those members that do not wish to participate but want to contribute monetarily.In member-managed LLCs, all owners have control based on how much they own. This would require members to participate a lot more, and not all investors have the time to do this.Let's say you have 20 members invested in real estate. A manager-managed LLC would allow you to give decision-making powers to a manager rather than forcing all 20 to sign off on every decision.Forming a company as an LLC gives you a variety of decisions to make. For instance, after deciding to form an LLC, you need to decide how you wish to manage your business. This is necessary to draft the LLC operating agreement. In some operating agreements, LLCs decide to have all members participate in the daily operations of the business. In other LLCs, the operating agreement designates employee managers to run the day-to-day management operations and tasks.Whatever choice you make in running your LLC, you will need to draft an LLC operating agreement that clearly establishes responsibilities. One mistake could impact the members (owners), and change who has management control, and what rights each member retains.What is a Manager Managed LLC?When it comes to a manager-managed LLC, the structure is less common. The manager management structure is essentially how you would

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Organizational Structure, Internal Safety Programs, Aircraft Dispatch, Aircraft Maintenance, Inspection and Quality Control, Records Keeping, Training, Aircraft Facilities, Airline Security, Cabin Safety, Ground Handling, Cargo Operations, Airport Operations, Flight Operations and Dispatch. Flight Pro will assist aviation executives in identifying safety risks, industry best safety practices and tailors any specific audit services to meet the client’s need’s. Flight Pro personnel are retired Senior Airline Management personnel, FAA Aviation Safety Inspectors, Accident Investigators and United States Diplomats who are recognized as experts in airline operations, regulatory certification, safety oversight, risk analysis & accident investigation functions worldwide. To Contact Flight Pro, click on the links below email: [email protected] email: [email protected] ©2004 Flight Pro Consulting Services LLC. All rights reserved. This material is protected by United States and other copyrights laws and may not be copied, sold or redistributed in any form without the expressed written consent of Flight Pro Consulting Services LLC. Web site by Flight Pro Consulting Services LLC.. The Earnest Student Loan Program Issuers ( Earnest Issuers ) are limited liability companies formed for the securitizations of Earnest Operations LLC ( Earnest ). Earnest Operations LLC

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Performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated damages or (2) pursuing any other lawful right and/or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER’S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, appraisal, credit report fees, inspection fees and attorney’s fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER’S Broker, provided that the amount to be paid to SELLER’S Broker shall not exceed the Broker’s agreed-to commission.SELLER and BUYER specifically acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall be SELLER’S sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. (Emphasis added).In the event Seller retains the Earnest Money, it is unlikely that sellers are able to also pursue other remedies. The acceptance of the earnest money would be considered Sellers’ liquidated damages. There are special circumstances to consider if the earnest money was considered non-refundable prior to Buyer’s breach, but those did not apply to the facts as provided to the Hotline.QUESTION: Broker’s client is involved in a transaction where the earnest money had become non-refundable. Broker’s Buyer client now wants to terminate. Broker questions if the non-refundable earnest money becomes liquidated damages preventing the Seller from seeking other damages.RESPONSE: Section 33 of the RE-21 states in part:33. DEFAULT: If BUYER defaults in the performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated damages or (2) pursuing any other lawful right and/or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER’S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, appraisal, credit report fees, inspection fees and attorney’s fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER’S Broker, provided that the amount to be paid to SELLER’S Broker shall not exceed the Broker’s agreed-to commission. SELLER and BUYER specifically acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall be SELLER’S sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. However, in the event the parties mutually agree in writing that the Earnest Money shall become non-refundable, said agreement shall not be considered an election of remedies by SELLER and the non-refundable Earnest Money shall not constitute liquidated damages; nor shall it act as a waiver of other

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That earnest money is deposited with title companies. Typically, a title company will not release the earnest money until all parties have reached an agreement as to how the monies are to be distributed and/or receives a court order. Broker may wish to advise client to seek independent legal counsel in this matter.QUESTION: Broker represents Buyer. Buyer is backing out of the offer and will lose their earnest money. Can the Broker use the Earnest Money to pay the inspector hired by the Buyer and then give the rest to the Seller?RESPONSE: Not according to the typical terms of the RE-21 which state:30. DEFAULT: If BUYER defaults in the performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated damages or (2) pursuing any other lawful right and/or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER’S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, appraisal, credit report fees, inspection fees and attorney’s fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER’S Broker, provided that the amount to be paid to SELLER’S Broker shall not exceed the Broker’s agreed-to commission.The language above only contemplates Seller’s broker’s expenses being paid out of the earnest money, not Buyer’s expenses.QUESTION: Broker represents Buyer, who was unable to obtain financing and thus terminated the Purchase and Sale Agreement and requested a return of Buyer’s earnest money. Seller then made a demand for half of the earnest money. Broker is acting as Responsible Broker for this transaction and questions what his obligations are in this situation.RESPONSE: When there is disputed earnest money, the Responsible Broker holding the earnest money has three options which are outlined in Idaho Code § 54-2047 and summarized in Section 31 of the RE-21:DISPUTED EARNEST MONEY.(1) Any time more than one (1) party to a transaction makes demand on funds or other consideration for which the broker is responsible, such as, but not limited to, earnest money deposits, the broker shall:(a) Notify each party, in writing, of the demand of the other party; and(b) Keep all parties to the transaction informed of any actions by the broker regarding the disputed funds or other consideration, including retention of the funds by the broker until the dispute is properly resolved.(2) The broker may reasonably rely on the terms of the purchase and sale agreement or other written documents signed by both parties to determine how to disburse the disputed money and may, at the broker’s own discretion, make such disbursement. Discretionary disbursement by the broker based on a reasonable review of the known facts is not a violation of license law, but may subject the broker to civil liability.(3) If the broker. The Earnest Student Loan Program Issuers ( Earnest Issuers ) are limited liability companies formed for the securitizations of Earnest Operations LLC ( Earnest ). Earnest Operations LLC Earnest Loans are made by Earnest Operations LLC or One American Bank, Member FDIC: Earnest Operations LLC

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Forming the LLC operating agreement, and at the time of filing the document, the forms of management should be declared.Who Has the Ultimate Decision in a Member-Managed LLC?In a member-managed LLC, it is the members who will be responsible for making the decisions. They can either share the rights equally or based on the percentage of ownership. The member having higher shares in the company will have more say as compared to one with fewer shares.When to Form a Member-Managed LLCThe members can play an active role in the management structure of the LLC only when the corporation has a few members involved. Also, make sure that all the participating members are on the same page in terms of handling the duties for day-to-day operations. Companies like GoDaddy will help you a lot with the formation process.You can form a member-managed LLC in case you’re forming an LLC with your spouse. Having an LLC with spouses needs additional attention, especially in the state they are forming their LLC. If they are in a community property state, they can form a single-member LLC. But, if they are in a non-community property state, they must form a multi-member or member-managed LLC. Pros of a Member-Managed LLCAll the members will have equal rights over every management decision to be taken in the LLC.It is a less complicated structure since there will be no separate management level.This is the perfect structure for every brick-and-mortar business.Cons of a Member-Managed LLCWith day management, the owners will not get enough time to focus on another strategic side of the LLC.Raising money from investors is very difficult.Manager-Managed LLC EntityIn the manager-managed business structure, the people will have the authority over some of the main domains of the LLC, like dissolution, day-to-day operations, financial transactions, and so on. The decision-making power rests in their hand, and hence, they don’t need approval from the members to bring any change in the LLC structure.Who Are the Managers of an LLC?When the members decide not to intervene in the management system of the corporations, they appoint normal employees as the managers of