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202 are
<br />to be Pa AEEEEEMENT Lill No: Certlllad, oonllrmed and ratified @Peale1 essassm@nt lions so of date or closing (net as or Effective Dela)
<br />!03 afo lE be pale by !seller. Panel" lions se of data of closing shell be assumed by Buyer. 1/ the Improvement has been substantially eomplslad as
<br />204 of 21169111va'Oale, any pending Ilan shall be Considered Cerlifled, confirmed or ratified and Seller @hall, el closing, be Charged an amount equal to
<br />205 the last Estimate or assessment for the Improvement by the public body.
<br />205 N, INSPECTION, REPAIR AND MAINTENANCE: Sailor warrants that the Calling, roof (Including the fascia and soffits) and exterior and
<br />208 Interior that
<br />walls, feundatlen, seawalls (o► equivalent) and dockage do not hove an yy Visible Evidence of looks, water damage or structural damage
<br />IOa and That Che SEptle tank, pool, all ■pAUanOss, maehonical Items, healing, tooling, SISCIN081, plumbing systems and machinery are In Working
<br />205 soliOnCondition, The foregoing warranty shalt be limited to the Items spaCofied unless otherwise provided In an addendum. guys► may, at Buyer's
<br />210 and hold have Occu 2110 made of a ta" llemt within 20 days after the Effactiva Date, by a term or Individual spaClsll> Ing In home Inapeetlons
<br />211 end hooding c ocsupatlonsl license for such purpose (if required) Or by an approptlately licensed Florida contral spseelor, and Buyer shall, prior
<br />212 a to a fe ts. Unney, but not More than 20 days after Effaotivs Dale, report In writing to Ssltor such Items that do not most the ■Dove etenderde
<br />213 It to defeats. Unless Buyer timely reports such defects, Buyer @hall be deemed to have waived SEIIOr's warranties ■o to defects not reported.
<br />214 If repairs or rapist ON are required to comply with this Standard, Seller shall cause them to be made and shell pay up to the amount
<br />215 IsProvidedt4bilo to leParagraphrepo oil (p), gaper is not requlyd to make repairs or replae@m@nte of E Cosmetic Condlllon unless caused by •defeat Seller
<br />lase Is responolblS to repair or replace. It the cost for such repel► or replacamenl exceeds the amount provided In Per aproph %III (b), Buyer and Seller
<br />217 may deet of pay lush excess, falling which either p@rly may cancel Ihls Contrast. If Salter Is unable to correct the daleele prior to rand S, the
<br />215 cost thereof Inclu be gold Into escrow at closing. Seller shall, upon reasonable notice, provide utilities @@twice and access to the Property for
<br />Ile Inapeellone, Including a walk-through prior to closing, to Confirm that all items of Personal property are on the reel property and, subject to the
<br />220 f6regoln9, that 811 required repalra and rePlscamentt have been made and that the Property, lnetodlnp, Dul not limited 10, lawn, shrubbery r end pool,
<br />221 It any, has been maintained In the condition existing as at Effective Date, ordinary weer end test Excepted. For purposes of this Contract: (a)
<br />222 'Working Condition' means operating in the manner in which the Item was designed to operate; (b) 'Cosmetic Condition' means sesth@lic
<br />223 Imperfections that do not affect the working condition of the Ilam, Including, but not limited to: pitted merclle; missing or torn screens; lopped
<br />224 windows; testa, worn spoilt. or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or
<br />225 caulking In calling@, walls, floorings, fixtures, or mirrors; End minor Creek* In floors, tiles, window@, driveways, sidewalks, or pool decks; and (c)
<br />228 Cracked roof tiles, curling or worn shinglss, or limited roof life shell not be Considered defects Seller must repair or replace,so long as there Is no
<br />227 evidence of actual looks or leakage or structrual damage, but missing tiles will be Seller's reepontlblllty to replace Or repair.
<br />228 0, RISK OF LOSS: If. the Property Is damaged by fire or other casually before closing and cost of restoration does not exceed 3% of the
<br />220 assessed valuatlon of the PtopeltY so damaged, cost of rastoratlon shall be an obligation of Seller and Closing shell proceed pursuant to She
<br />230 terms of this Contract with restoration costs escrowed at Closing. If the cl of restoration exceeds 3% of the assessed valuation of the
<br />231 Property so damaged, Buyer shall have the Option of either taking the Properlyas 15, together with either the 3% or any Insurance proceeds
<br />232 Payable by virtue of such loss Cr damage, or of canceling this Contract and recelving ratum.of the depoit(s).
<br />233 P. PROCEEDS OF SALE; CLOSING PROCEDURE, The dead, shall be recorded upon clearance of funds. If an abstract of lips has been
<br />234 furnished, evidence of title shall be continued at Buyet4 expense t0 show title In Buyer, without any encumbrances or change which would render
<br />235 Seller's Bite unmarketebte from the date of the lost evidence. All closing
<br />In escrow b$Oiler'$ Ottcrn@Y or other
<br />238 acceptable escrow Spent for • period of not more than 6 days after closing date.tIf S9119t's the Is rendered unmarketable through no fault mutuall
<br />237 Buyer, Buyet shall, within the $•day period, notify Seller In writing of the defect and Seller shall have 30 days from date of receipt of such
<br />238 notification to cure the defect. If Sailer fells to timely cur@ the defect. SII deposit is) and closing funds sh@Il, upon written demand by Buyer and
<br />230 within 8 days alter demand, be returned to Buyer end, elmultooeously with such repayment. Buyer shall return the personal property, vocals the
<br />240 foal properly and ► Convey the Properly to Sellar by special warranty deed and bill of sale. If Buyer folio to make timely demand for refund. Buyer
<br />241 shall take title as is, waiving all rights apSinai Seller as to any Intervening defect except ■e may be available to BuYer by virtu@ of warranties
<br />242 contained In the deed or bill of sale. If a portion of the purchase price Is to be derived from Institutional financing or refinancing, requirements
<br />2443 of the lending Institution as to place, lime of day and Procedures for closing, and for disbursement Of mortgage Proceeds shall control over
<br />244 Contrary Provision In this Contract. Sellar shell have thi right to requite from the lending Iolitutlon 8 wrlllen commitment that It will mot
<br />245 withhold disbursement of mortgage Proceeds as a result of any title defeat attributable to Buyer mortgagor. The escrow and closing
<br />240 rsqulred bythls Standard Shall be waived if the tills agent Insures adverse matters pursuant to Section 627.7841, F.S., as amended.
<br />247 p. ESCROW: Any escrow agent ('Agent•) receiving funds or Equivalent Is authorized and agrees by acceptance of them to deposit them
<br />248 promptly, hold @amt In Ostrow and, subject to cleeranee, disburse them in accordance with terms and conditions of this Contract. Failure of
<br />240 funds to elssr shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract. Agent
<br />250 may, at Agent's OPllona continue to hold the subject matter of the escrow until the parties heroic Ogre. to Its disbursement or until a Judgement
<br />251 of • court Of Comp@tsnt Jurisdiction shall determine the tight$ of the p81146. or Agent may deposit same with the clerk of the circuit Court having
<br />252 jurisdiction of the disputa. Upon notifying all parties conc*fn@d Of Ouch action, all liability on the part of Agent shall Fully terminate• except to
<br />253 the extent of accounting for any Items previously delivered out Of escrow. If a licensed real estate broker. Agent will comply with provisions of
<br />754 Chapter 473, F.S., as amended. ,Any suit batwesn Buyer and 39116f wherein Agent is made a party because of acting ea Agent hereunder, or in any
<br />28$ suit wherin Agent Interpleads the subject matter of the escrow. Agent shall recover reasonable allorney's fees and costs Incurred with these
<br />250 amounts to be Paid from and out of the escrowed funds or equivalent and Chofped and awarded as court coals In favor of the prevailing party. The
<br />257 Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of Items subject to the escrow, unless such misdelivery is due to
<br />258 willful breach of the provisions of this Contract or gross degllgenCe of Agent.
<br />250 R sty In such
<br />F!ic COSTS: In any litigation. ofn, Insluding breach, Onloreemsnl or Inl@rpretatlon, arising out of this Contract, the Prevailing
<br />760 Party In such Illlg@llen, whleh, for purposes o} Ohl s Standard, shall Include Seller, Buyer and any brokers acting in agency or nonagency
<br />281 10121lOnshlPs sulhorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non•prevalling Party reasonable attorney's fees.
<br />282 Costs and expenses.
<br />253 a.FAILURE si aid by Buyer and deposll( )uag eediltolbe paid, may be recoveredlland retained by and forlthe account yof Sellereals agreed lsupon
<br />204 de call 9
<br />265 liquidated damages, Consideration for the exseutlon Of this Contract and In full settlement of any elslmsI whereupon, Buyer and Seller its. the
<br />be
<br />266 followed of all Obligations under this Contract; or Seller, at Shcer'a optlon,.may proceed In equity to enforce Seller's rights under this Contract. If
<br />207 for any Contract,reasonBuy other Than failure of Seller Io make SNIer'9 IItIE markateble after diligent effort, Seller falls, neglects or refusal to perform this
<br />200 damgsBuyer may teak is specific performs of elect to rOeElvm rho return of Buyer's deposit(*) without Thereby waiving any action for
<br />les damages r69ulting from Seller's braaeh.
<br />270 T. CONTRACT NOT RECORDABLE; PERSONS ROUND; NOTICE: Neither this Contract nor any notice of It shall be recorded in any
<br />271 records. This Contract shall bind and Inure to the.boneril of the parties and their successors In Interest. Whenever the context permits, singular
<br />772 shell Induce Plural and ane gender shall Include ell. Notice glwnDy Otto the Ettore for an Y public
<br />273 pally. Y y party shall boas affective as If given by or to that
<br />274 U. CONVEYANCE: Sellar shelf convey title to the real property by statutory warranty, trustee's, personal representative's or guardlan's dead. as
<br />275 appropriate to the status Of -Sellar, subject only to mailers Contained In Paragraph VII and those otherwias accepted by Buyer. Personal property
<br />276 shall, a1 the (@quest of Buyer, be transferred by @n ab*Orute bill of 9810 with warranty of title, subject only to such matters as may be otherwise
<br />277 provldad for hereln.
<br />278 V. OTHER AGREEMENTS: No prior Of present agreements Or representations shall be binding upon Buyer or Sailor unless fnctuded In this
<br />279 Contract. No modification to or change In this Contract shall be valid Or binding upon. the p@films unless In writing and executed by the party of
<br />280 p9itls9. Intended to be bound by It.
<br />281 W WARRANTY: S@Ilar warrants that IhOf@ aro no facts known to Sailer materially affecting the value of the Property which are not readily
<br />2a2 absdrvable by Suysf Of which have not been disclosed to Buyer.
<br />Buyer ( and Sailor U&MVvi
<br />( , acknowledge receipt of a copy of this papa.
<br />FARIBAR•5 Rev. alga COPYRIGHT 1908 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS®
<br />This form. is licensed for use with Foraaaulettore Forma Software by ISO McAllister Publishing, Inc. 800.338.1027
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