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37' (b) Location: Closing will take place in fndian River County. Florida. (If left blank, closing <br />39 will take place in the county where the property is located.) Closing may be conducted by mail or electronic means. <br />39 5. THIRD PARTY FINANCING: <br />4o• BUYER'S OBLIGATION: Within days (5 days if left blank) after Effective Date, Buyer will apply for third party <br />41• financing in an amount not to exceed % of the purchase price or $ , with a fixed interest rate <br />42• not to exceed _p/o per year with an initial variable interest rate not to exceed _ %, with points or commitment <br />43' or loan fees not to exceed % of the principal amount, for a term of years, and amortized over <br />44 years, with additional terms as follows: <br />45- <br />46 'Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any <br />47• lender. Buyer will use good faith and reasonable diligence to Of obtain Loan Approval within _ days (45 days H <br />4e left blank) from Effective Date (Loan Approval Date), (i1) satisfy terns and conditions of the Loan Approval, and <br />4a (IIT? close the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the <br />N mortgage broker and lender to disclose all such Information to Seiler and Broker. Buyer will notify Seller immediately <br />at upon obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and <br />s2• reasonable diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within _ days (3 days If left <br />ss blank) deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. <br />s4 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time <br />ss thereafter. Unless this financing contingency has been waived, this Contract shall remain subject to the <br />se satisfaction, by closing, of those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes <br />sr of Paragraph 5 only): If Buyer has used good faith and reasonable diligence but does not obtain Loan <br />so Approval by Loan Approval Date and thereafter either party elects to cancel this Contract as set forth above or the <br />s9 lender fails or refuses to close on or before the Closing Date without fault on Buyer's part, the Deposit(s) shall be <br />ao returned to Buyer, whereupon both parties will be released from all further obligations under this Contract, except for <br />e1 obligations stated herein as surviving the termination of this Contract. If neither party elects to terminate this Contract <br />62 as set forth above or Buyer fails to use good faith or reasonable diligence as set forth above, Seller will be entitled to <br />63 retain the Deposit(s) If the transaction does not close. <br />e4- B. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by❑ statutory warranty <br />es• deed X other. County Deed , free of liens, easements and encumbrances of record or <br />es known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility <br />e7 easements of record; existing zoning and governmental regulations; and (list any other matters to which title will be <br />ee• subject) <br />W <br />70 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the <br />7t• Property as xM 9th Street; S. W., Vero Beach, FL <br />72 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent <br />7s• and pay for the title search and closing services. Seller will, at (check one) ❑ Seller's X Buyer's expense and <br />74' within 15 days 13 after Effective Date 13 or at least days before Closing Date deliver to Buyer (check one) <br />75• 0 (i.) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be <br />7e discharged by Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount <br />77 of the purchase price for fee simple title subject onlyto exceptions stated above. If Buyer is paying for the <br />78 evidence of title and Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after <br />7D Effective Date. <br />ao• ❑ (il.) an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an <br />at existing firth. However, If such an abstract is not available to Seller, then a prior owners title policy acceptable <br />02 to the proposed insurer as a base for retssuance of coverage may be used. The prior policy will include copies <br />93 of all policy exceptions and an update in a format acceptable to Buyer from the policy effective date and <br />04 certified to Buyer or Buyer's closing agent together with copies of all documents recited in the prior policy and <br />as in the update. If such an abstract or prior policy is not available to Seller then (t.) above will be the evidence of <br />as title. <br />e7 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller <br />as of title defects. Title will Jke de cceptabie to Buyer if (1) Buyer fails to deliver proper notice of defects or <br />a0• Buyer""A "and Seller ecknowledga receipt of a copy of this page, which is Page 2 of 8 Pages. <br />CC+1 Rov. IVID 02010 FlarWo Assodallon of REALTORS* All Rights Recarved <br />Licensed in Aha Star 8aftare and ID: D-1336151166.0O2S.120322 <br />Software and added formatting 0 2918 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279,8898 <br />