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ATRUECOPY <br />REAL ESTATE PURCHASE I TIF1CATlON ON LAST PAGE Karlin Daniel <br />AND SALE �QNTRACT �? {' ARTON, CLERK & Associates Inc. <br />'Associates ' <br />I Licensed Real Estate Broker <br />4 U� • �' " ' _ - 4285 SW Martin Hwy., Palm City, FL 34990 <br />Dfl) 61 nlA L p � � LIN PAN �� L �� P.O. 2220X25575 FL#AB878AU1207m City, FL 1 <br />THIS PURCHASE AND SALE CONTRACT, made and entered into this 20"' day of June , 201 1, <br />by and between L J <br />• i l ) j f j <br />Indian River Countyd <br />NAME(S) ADDRESS PHONE <br />hereinafter re erred to as "Seller" and <br />�• � e�e.�Pea c � � t d 896 IiA -4 4 1.4T�e,ro P e&iA- 32%3 -(-72 5eq , � 40 Q <br />NAME ADDRESS PHONE <br />or their assigns, however no party shall be released from liability under this contract hereinafter referred to as "Buyer". (Any <br />assignments may result in additional costs.) <br />WITNESSETH: <br />That Seller agrees to sell and convey and Buyer agrees to purchase and pay for the following described real estate situated in <br />Indian River County, State of Florida together with all improvements thereon, more particularly described as follows: <br />1640 US 1 Sebastian Florida w/PID # 30382100001999900026.0 and being the same property recorded in <br />OR Book No. 1268 Page No. 20 - 21 at the County Clerk's Office in Vero Beach, Florida <br />The Buyer agrees to pay therefore the sum of.- $ OND- --bidprice, plus the 10% Buyer's Premium of $ l , <br />which together equal the, full contract price of $ t-:76 000.-- therefore: <br />%(4 c) . full contract price to be paid as.follows: <br />$ 11, 606 Cash, the receipt of which is hereby acknowledged, and which is deposited in Karlin Daniel & <br />Associates, Inc. Escrow Account and, <br />$ <br />$ <br />$ (15 1400• Balance shall be due and payable in full on or before the announced CLOSING DATE, which <br />CLOSING DATE, shall be on or before July 20, 2011 unless extended by other provisions of <br />this Contract. Possession of the subject real estate shall occur simultaneously with closing if all <br />,funds have cleared, and otherwise upon clearance of all funds. <br />All payments hereunder shall be made in cash, cashiers check, or wire transfer of funds. <br />Seller agrees to pay all taxes due anal payable through N/A <br />Buyer agrees to pay all taxes from January 1, 2011 and thereafter <br />The.following prorations shall be made at Closing as of the Closing Date N/A <br />PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. Proceeds of the <br />sale shall be held in escrow by Karlin Daniel & Associates, Inc. (Escrow Agent) until the Escrow Agent is satisfied that all other <br />terms and conditions of this Contract are satisfied. <br />ESCROW: Escrow Agent is authorized and agrees by acceptance of any funds to deposit them promptly, hold same in escrow <br />and, subject to clearance, disburse them in accordance with the terms and conditions of this Contract. In the alternative, Escrow <br />Agent shall have the right, but not the obligation, in Escrow Agent's sole discretion, to transfer any or all funds held in escrow to <br />a closing agent agreed upon by Buyer and Seller. In the event of such a transfer, Escrow Agent shall be relieved of all further <br />liability with respect to the transferred funds, and all funds not yet paid or deposited as required by this Contract shall thereafter <br />be paid to and deposited with said closing agent. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt <br />as to Escrow Agent's duties or liabilities under the provisions of this Contract, Escrow Agent may, at Escrow Agent's option, <br />continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement or until a judgment of a court <br />of competent jurisdiction shall determine the rights of the parties, or Escrow Agent may, in Escrow Agent's sole discretion, <br />interplead the subject matter of the escrow, or pursuant to order of Court deposit same, with the Clerk of the Circuit Court having <br />jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully <br />terminate, except to the extent of accounting for any items previously delivered out of escrow. Any suit between Buyer(s) and <br />Seller wherein Escrow Agent is made a party because of acting as Escrow Agent hereunder, or in any suit wherein Escrow Agent <br />interpleads the subject matter of the escrow, Escrow Agent shall recover all attorney's fees and costs incurred by Escrow Agent <br />with the fees and costs to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in <br />favor of the prevailing party. Both Seller and Buyer agree that Escrow Agent shall not be liable to any party or person for <br />misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of this Contract or <br />gross negligence of Escrow Agent. Both Seller and Buyer further agree that Karlin Daniel & Associates, Inc.; its agents, <br />independent contractors, officers, directors and employees will not be held liable to either or both Seller and Buyer for the <br />performance of any terms of this Purchase and Sale Contract or for damages for the non-performance thereof. The Auctioneer <br />shall also receive accrued interest on any escrowed funds held by the Auctioneer. <br />FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all <br />deposit(s), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as agreed <br />upon liquidated damages, consideration for the execution of this Contract and in fit]] settlement of any claims; whereupon, Buyer, <br />Seller, and Karlin Daniel & Associates, Inc. shall be relieved of all obligations under this Contract; or Seller, at Seller's option, <br />may proceed in equity to enforce Seller's rights under this Contract. If Seller elects to retain the deposits paid by Buyer, such sums <br />shall be disbursed to Seller and Karlin Daniel & Associates, Inc., in accordance with their Auction Agreement. In addition, in the <br />event of Buyer's failure of performance as described above, Buyer shall pay to Karlin Daniel & Associates, Inc., the Buyer's <br />Premium, which amount due from Buyer may be reduced by any amount received by Karlin Daniel & Associates, Inc. from any <br />forfeited deposit(s) pursuant to t Contract and received by Karlin Daniel & Associates, Inc. pursuant to this Contract and the <br />SELLER INITIAL BUYER I� <br />