2019-013A - Laserfiche WebLink

Home Browse Search

BK: 3179 PG: 25 the two appraisals differ by no more than ten percent (10%), then the average of the two appraisals shall be deemed the Fair Market Value. If the appraisals differ by more than ten percent (10%), the two appraisers shall mutually select a third appraiser. The third appraiser shall then select that appraisal that he or she deems to be the closest to the Fair Market Value, and such selected appraisal shall be deemed to be the Fair Market Value. All costs of appraisal shall be born by Homeowner. 14. Mortgage. This Agreement is secured by the Property described herein. The obligations secured hereby are subordinate to the Habitat Note, the Second Habitat Note, and the SHIP Note, and any mortgage securing any of said Notes. 15. Joint and Several Liability. Each of the persons executing this Agreement as Homeowner shall be jointly and severally liable for each and every obligation arising hereunder. 16. Severability. In the event that any provision herein is held by a court to be invalid or unenforceable, such holding shall not render invalid or unenforceable any other provision hereof, each provision being expressly severable and independently enforceable to the fullest extent permitted by law. 17. Waiver. No waiver by IRCHFH of any breach by Homeowner of any covenant, condition or 'restriction contained herein shall be effective, unless such waiver is in writing by IRCHFH and delivered to Homeowner. The waiver by IRCHFH of any breach or breaches, or the failure by IRCHFH to exercise any right or remedy with respect to any such breach or breaches, shall not constitute a waiver or relinquishment for the future of any such covenant or condition, nor bar any right or remedy of IRCHFH with respect to any such subsequent breach. 18. Notices. Any notice given pursuant to this Agreement shall be in writing and shall be served either personally or delivered by U.S. Mail, with postage prepaid, return receipt requested, or if to Homeowner, by a posting of the notice at the front door of the Property. Notices shall be deemed received at the earlier of actual receipt, three (3) days following deposit in U.S. Mail with postage prepaid, or posting on the front door of the Property. Notices shall be addressed to the respective parties, as follows: Homeowner: Roselaine Civil 2065 Waterside Way SW Vero Beach, FL 32962 IRCHFH: Indian River County Habitat for Humanity, Inc. 4568 North U.S. Highway 1 Vero Beach, FL 32967 19. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all other agreements, written or oral, between the parties, with respect to shared appreciation, equity interests, rights of first refusal, and purchase options with respect to the Property. This Agreement may only be modified in writing, and no such modification is effective unless signed by all parties hereto. Page 7 of 9