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327 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
<br /> 328 deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attorney) and the parties
<br /> will
<br /> 329 close this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of
<br /> Sellers
<br /> 3w notice) . If Seller is unable to cure defects within Cure Period , then Buyer may, within 5 days after
<br />expiration of
<br /> 331 Cure Period, deliver written notice to Seller. (a) extending Cure Period for a specified period not to -exceed 120
<br />days
<br /> 332 within which Seller shall continue to use reasonable diligent effort to remove or cure the defects ("Extended Cure
<br /> 333 Period") ; or (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date
<br /> 334 has passed , within the earlier of 10 days after end of Extended Cure Period or Buyer's receipt of Seller's notice),
<br />or
<br /> 335 (c) electing to terminate this Contract and receive a refund of the Deposit, thereby . releasing Buyer and Seller from
<br /> 336 all further obligations under this Contract If after reasonable diligent effort, Seller is unable to timely cure defects,
<br /> 337 and Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit,
<br /> 338 thereby releasing Buyer and Seller from all further obligations under this Contract.
<br /> 339 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon
<br /> 34o encroach on setback lines, easements, or lands of others; or violate any restrictions, covenants,
<br />or applicable
<br /> 341 governmental regulations described in STANDARD A (i)(a ), (b) or (d) above, Buyer shall deliver written notice of such
<br /> 342 matters, together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no
<br /> later than
<br /> 343 Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in, the notice and Survey
<br /> 34 4 shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered
<br /> a prior
<br /> 345 survey, Seller shall, at Buyer's request, execute an affidavit of "no change" to the Real Property
<br /> since the
<br /> 346 preparation of such prior survey, to the extent the affirmations therein are true and correct.
<br /> 347 C. INGRESS AND EGRESS : Seiler represents that there is ingress and egress to the Real Property and title to
<br /> 34a the Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access.
<br /> Wom
<br /> 349 S_ ES : Seller shall, within 5 days after Inspection Period, furnish to Buyer copies of all written lease44
<br /> 3so estoppel le each tenant specifying nature and duration of tenants occupancy, rental rat ced rent
<br /> 351 and security deposits par ant, and income and expense statements for 2 months (°Lease
<br /> 352 Information") . If Seller is unable to ob I el letters from tenants a information shall be furnished by
<br /> 353 Setter to Buyer within that time period in the form o I , and Buyer may thereafter contact tenants)
<br /> 354 to confirm such information. If terms of the lea materia let's_ representations, Buyer may deliver
<br /> 355 written notice to Seller within 5 d receipt of Lease Information , but n n 5 days prior to Closing
<br /> 356 Date, terminating this and receive a refund of the Deposit, thereby releasing Buy eller from all
<br /> 357 further o under this Contract. Seller shall, at Closing, deliver and assign all original leases to u
<br /> ho)
<br /> 35 assume Seller's obligation thereunder.
<br /> 359 . S: Seller. shall fumish to Buyer at Closing an affidavit attesting; (i) to the absence of
<br /> any fi
<br /> 36o statement, c at I15'>1 otential lienors known to Seller, and (ii) that there have been no im or repairs
<br /> 361 to the Real Property for 90 aye' receding Closing Date . If the r ty has been improved or
<br /> 362 repaired within that time, Seller shall deliver re nstruction liens executed by all general
<br /> 363 contractors, subcontractors, suppliers and materi a dition aaffidavit setting forth names of all
<br /> 364 such general contractor;, sub suppliers and materialmen, further a aall charges for
<br /> 365 improvements or re ' could serve as a basis for a construction lien or a claim for damages hav paid,
<br /> 386 or w a Closing.
<br /> 387 TIME. Calendar days shall be used in computing time periods. Any time periods provided for in this Contract
<br /> 368 which shall end on a Saturday, Sunday, or a national legal holiday (see 5 U .S. C. 6103) shall extend to
<br /> 5:00 p.m.
<br /> 369 (where the Property is located ) of the next. business day. Time is of the essence in this Contract.
<br /> 37o G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be
<br /> 371 liable to each other for damages so long as performance or non-performance of the obligation is delayed, caused or
<br /> 372 prevented by Force Majeure. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual
<br /> 373 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control
<br /> of
<br /> 374 Buyer or Seller, and which, by exercise of reasonable diligent effort, the non-performing party is unable in whole or in
<br /> 37s part to prevent or overcome. All time periods, including Closing Date, will be extended for the period that the Force
<br /> 376 Majeure prevents performance under this Contract, provided, however, if such Force Majeure continues to prevent
<br /> 377 performance under this Contract more than 14 days beyond Closing Date, then either party may terminate
<br /> this
<br /> 378 Contract by delivering written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer
<br /> 379 and Seller from all further obligations under this Contract
<br /> 38o H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty , trustee's,
<br /> 381 personal representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described
<br /> 382 in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred
<br /> by
<br /> 383 absolute bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract.
<br /> 384 1. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE :
<br /> 3s5 (i) LOCATION : Closing will take place in the county where the Real Property is located at the office of
<br /> the
<br /> 386 attorney or r closing agent (" Closing Agent") designated by the party paying for the owner' s pollav of MI
<br /> Buyers Initials Page 7 of 10 Sellers Initial
<br /> FloridaRealtors/Flo agar-ASISA Rev. 6110 02010 Florida Reaftors® and The Florida Bar. All rights reserved.
<br /> Wsar 02arrs5001374405473
<br /> form SIiFnp] ic 4.2
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