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2013-157
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2013-157
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Last modified
12/7/2015 2:20:45 PM
Creation date
10/1/2015 5:39:42 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
08/20/2013
Control Number
2013-157
Agenda Item Number
8.NN.
Entity Name
Bamaric of Vero Beach
Subject
Right of Way Acquisition
Area
5020 26th Street Indian River Farms
Supplemental fields
SmeadsoftID
12554
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50 5. EXTENSION OF CLOSING DATE : <br /> 51 (a ) If Closing funds from Buyer' s lender( s) are not available at time of Closing due to Truth In Lending Act <br /> (TILA) <br /> 52 notice requirements , Closing shall be extended for such period necessary to satisfy TILA notice requirements , <br /> 53 not to exceed 7 days . <br /> 54 ( b) If extreme weather or other condition or event constituting " Force Majeure " ( see STANDARD G ) causes : <br /> 55 ( i ) disruption of utilities or other services essential for Closing , or ( ii ) Hazard , Wind , Flood <br />or Homeowners' <br /> 56 insurance , to become unavailable prior to Closing , Closing will be extended a reasonable time up to 3 <br /> days <br /> 57 after restoration of utilities and other services essential to Closing , and availability of applicable Hazard , Wind , <br /> 58 Flood or Homeowners' insurance . If restoration of such utilities or services and availability of insurance has not <br /> 59 ' occurred within ( if left blank , 14) days after Closing Date , then either party may terminate <br /> this <br /> 60 Contract by delivering written notice to the other party , and Buyer shall be refunded the Deposit, <br /> thereby <br /> 61 releasing Buyer and Seller from all further obligations under this Contract. <br /> 62 6 . OCCUPANCY AND POSSESSION : Unless otherwise stated herein , Seller shall at Closing , have removed <br /> all <br /> 63 personal items and trash from the Property and shall deliver occupancy and possession , along with all <br /> keys , <br /> 64 garage door openers , access devices and codes , as applicable , to Buyer. If Property is intended to be rented <br /> or <br /> 65 occupied beyond Closing , the fact and terms thereof and the tenant(s ) or occupants shall be disclosed pursuant <br /> 66 to STANDARD D . If occupancy is to be delivered before Closing , Buyer assumes all risks of loss to Property <br /> from <br /> 67 date of occupancy , shall be responsible and liable for maintenance from that date , and shall be deemed to <br /> have <br /> 68 accepted Property in its existing condition as of time of taking occupancy . <br /> 69* 7 . ASSIGNABILITY : ( CHECK ONE ) Buyer ❑ may assign and thereby be released from any further liability <br /> 70* under this Contract; Q may assign but not be released from liability under this Contract; or ❑ may not assign <br /> 71 this Contract. <br /> 72 FINANCING <br /> 73 8 . FINANCING . <br /> 74• ❑x (a) Buyer will pay cash or may obtain a loan for the purchase of the Property . There is no <br /> financing <br /> 75 contingency to Buyer' s obligation to close . <br /> 76= ❑ ( b) m A <br /> 77 • ❑ VA loan on the following terms within ( if blank, then 30) days after Effective Date loan <br /> 78* Commitment Date " ) for: ( CHECK ONE ) : ❑ fixed , ❑ adjustable , ❑ fixed or adjustable a loan in <br /> 79• the principal amount of $ or % of the Purchase Price , at an initi interest rate <br /> so• not to exceed % ( if blank, then prevailing rate based upon Buyer' s creditwo ess) , and <br />for a <br /> 81 ' term of years (" Financing " ) . <br /> 82• Buyer will make mortgage loan application for the Financing within blank , then 5 ) days after <br /> 83 Effective Date and use good faith and diligent effort to obtain a written loa commitment for the Financing <br /> 84 (" Loan Commitment" ) and close this Contract. Buyer shall keep Sell and Broker fully informed about <br /> 85 the status of mortgage loan application and Loan Commitment an authorizes Buyer' s mortgage broker <br /> 86 and Buyer' s lender to disclose such status and progress to Sell and Broker. <br /> 87 If Buyer does not receive Loan Commitment, then Buyer ay terminate this Contract by delivering written <br /> 88 notice to Seller, and the Deposit shall be refunded t uyer, thereby releasing Buyer and Seller from <br /> all <br /> as further obligations under this Contract. <br /> so If Buyer does not deliver written notice to S r of receipt of Loan Commitment or Buyer' s written waiver of <br /> 91 this financing contingency , then after an Commitment Date Seller may terminate this Contract <br /> by <br /> 92 delivering written notice to Buyer an a Deposit shall be refunded to Buyer, thereby releasing Buyer and <br /> 93 Seller from all further obligations der this Contract. <br /> 94 If Buyer delivers written otice of receipt of Loan Commitment to Seller and this Contract <br /> does not <br /> 95 thereafter close , the D osit shall be paid to Seller unless failure to close is due to : ( 1 <br /> ) Seller' s default; <br /> 96 (2 ) Property related nditions of the Loan Commitment have not been met (except when such conditions <br /> s7 are waived by o r provisions of this Contract) ; (3 ) appraisal of the Property obtained by Buyer' s lender is <br /> 98 insufficient t eet terms of the Loan Commitment; or (4 ) the loan is not funded due to financial failure <br /> of <br /> ss Buyer' s I er, in which event(s) the Deposit shall be returned to Buyer, thereby releasing Buyer an a <br />ler <br /> 100 from urther obligations under this Contract. <br /> 101 • ❑ (c) A mption of existing mortgage (see rider for terms ) . <br /> 102= ❑ (d ) ; <br /> r a <br /> Buyer's Initials _( Page 2 of 10 Seller' s Initials O <br /> Florid aRea ltors/Flo rid a Ba r-AS I SA Rev. 6/10 © 2010 Florida Realtors® and The Florida Bar. All rights reserved . 2 <br /> Serial#: 020778-500137-6405473 3, I i S i I � . l t <br />
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