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Page two <br />Real Estate Purchase and Sale Contract <br />aforesaid Auction Agreement. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, <br />Seller fails, neglects or refuses to perform this Contract, the Buyer, as Buyer's sole and mutually exclusive remedies, may either <br />seek specific performance or elect to receive the return of .Buyer's deposit(s). Buyer(s) hereby waives any action for damages <br />resulting from Seller's breach. <br />CONVEYANCE: Seller shall convey title to the Real Property by statutory warranty, trustee's, personal representative's or <br />guardian's deed, as appropriate to the status of Seller unless this auction is pursuant to an order of the courts having jurisdiction in <br />the transfer to the subject real estate, in which instance title shall be conveyed in accordance with such order. <br />OTHER AGREEMENTS: This Contract specifically incorporates by reference all language in the Opening Announcements <br />of the Auction, whether verbal or in writing, made at the auction of the Real Property and in any and all prior agreements made <br />between Buyer and Seller's agent, Karlin Daniel & Associates, Inc., including, but not limited to, the Real Estate Auction <br />Registration for Real Estate and Bid Acknowledgment. Notwithstanding the foregoing, any and each agreement executed prior to <br />this Contract by Buyer and Karlin Daniel & Associates, Inc., shall not be deemed merged into this Contract, though the terms <br />therein shall be deemed fully incorporated herein, but shall remain enforceable in their own right, individually and collectively. <br />As between Buyer(s) and Seller, no other prior or present agreements or representations shall be binding upon Buyer or Seller <br />unless included in this Contract. No modification to or change in this Contract shall be valid or binding upon the parties unless in <br />writing and executed by the parties intended to be bound by it. <br />TITLE MATTERS: The property is sold subject to any easements, restrictions, limitations, rights of way, planning and <br />zoning regulations, and other matters of record not affecting the marketability of the Property. If the Seller's title is rendered <br />unmarketable, through no fault of Buyer, Buyer shall, prior to the Closing Date, notify Seller in writing of the defect and Seller <br />shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) <br />and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer. <br />RISK OF LOSS: The Seller shall deliver the subject real estate to the Buyer in the same condition as found date of auction. In <br />the event the subject property is destroyed or significantly damaged by fire or other casualty, Seller or Buyer may cancel this <br />transaction. Buyer shall receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this <br />Contract. Seller or Buyer may cancel this transaction upon providing written notice to the other party within seven business days <br />Of the occurrence of the fire or other casualty or by the scheduled closing date, if earlier. <br />CAPACITY: All parties signing this Purchase and Sale Contract in any representative capacity represent that they have the <br />authority to sign on behalf of such party or entity. <br />PROPERTY TAX DISCLOSURE SUMMARY: Buyer should not rely on the seller's current property taxes as the amount <br />of property taxes that the buyer may be obligated to pay in the year subsequent to purchase. A change of ownership or property <br />improvements triggers reassessments of the property that could result in higher property taxes. If you have any questions <br />concerning valuation, contact the county property appraiser's office for information. <br />INDEMNIFICATION: The Buyer and Seller, jointly and severally, and their respective agents, employees or any other <br />parties acting on their behalves, specifically agree to INDEMNIFY AND HOLD HARMLESS Karlin Daniel & Associates, its <br />officers, directors and employees, for any injuries or damages arising under or pursuant to this Purchase and Sale Contract. <br />JURISDICTION AND VENUE: The undersigned(s) hereby agree that any suit, action or legal proceeding arising out of or <br />relating to the auction shall be brought solely and exclusively in the courts of the State of Florida in and for Martin County, <br />Florida, consent to the jurisdiction of such court in any suit, action or proceeding and waive any objection which they may have to <br />the laying of venue of any such suit, action or proceeding in such courts. Further, the parties acknowledge and agree that this <br />Purchase and Sale Contract shall be governed by, construed and enforced in accordance with the internal laws of the State of <br />Florida without regard to principles of conflicts of laws. <br />ATTORNEYS FEES: In the event any party is required to take any action to enforce the terms of this Contract, the prevailing <br />party shall be entitled to recover all of its reasonable attorney's fees and costs. Reasonable attorney's fees shall include those fees <br />incurred (a) before, during and after litigation, including those incurred in attempting collection without litigation, (b) in litigating <br />in all trial and appellate levels, (c) in any bankruptcy proceeding and (d) in any post judgment proceeding. <br />WAIVER OF RIGHT TO A JURY TRIAL: ALL PARTIES HERETO HEREBY WAIVE THEIR RIGHT TO A TRIAL <br />BY JURY WITH RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS CONTRACT. <br />If the sale of the subject real estate is by auction, we hereby certify that we agree and acknowledge that it is subject to all <br />restrictions and announcements made at the opening of the auction, whether verbal or in writing. We further certify that we have <br />examined the property described hereinabove; that we are thoroughly acquainted with its conditions and accept it as such. <br />Buyer(s) shall accept this real estate on an "AS IS" basis with no warranties expressed or implied All closing costs i.e. documentary stamps title <br />Insurance and any other costs associated with the transfer of deed shall be at the expense of the buyer(s). <br />BUYER AND SELLER ACKNOWLEDGE THAT THIS CONTRACT HAS BEEN READ AND UNDERSTOOD BY <br />THEM PRIOR TO SIGNING 1T. <br />(Seller) Bob Solal Indian <br />(Buyer) <br />(Date) <br />' <br />River <br />County <br />(Seller) <br />(Buyer) <br />KARLIN DANIEL & ASSOCIATES, INC <br />Witness <br />'`'\000s000000 s��' _ <br />STATE OF FLORIDA <br />•'�.``F '.INDIAN RIVER COUNTY <br />THIS IS TO CERTIFYTHATTHIS IS <br />fA'-,TRUE AND CORRECT COPY OF <br />TI9E ORIGI ON FILE IN Ms <br />OFFICE <br />o F YK.BA ,CL Ap <br />e ' A"i <br />P/y11Riwt� D.0 <br />�oda,'Cou. <br />"unu„aoa DATE G - 2 3-- /1 R! <br />(Date) <br />PROVE'D AS TO FORM <br />In a I..F-G I- <br />;� ILIJA11111S. DFRRAAL <br />DEPLITYi'.C_1UNTYA iStl?NFY <br />