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[• <br />I.Time:In co:ripulingtimeperiods of less than six(6)days, Saturdays, Sun daysand state or national lop I tic I idays shall be excluded. Any time periods provided <br />for herein which shall end on a Saturday, Sunday, or a lepalhalid ay shnll extend to 5:001). in ofthe nexd business day. Time is oftheessence in this Contract. <br />.t Documents f1arC7osing: Seller that fiumidh the deed, bill ofsale, uonstrudion lien affidavit, n•.mier a posscsaien a0idnvit, assignments of leases, ten and and mor- <br />tgAgee estoppcllettersand corrective instruments. Buyershall fumisn dosing statement, nuutprage,morlpagenote, security agreementand finandrigdatemsents. <br />K Expenses: Documentary stannpson the deed end recardingof corredive inOrmunts shall be paid by Seller. Do anhhen(aryxt,u pIan d intangible taxon the pur- <br />duse money mortgage and any mortgage assumed, and record ingofpurdhase money morlpige to Seller, deed and fn andngstalement3 shalt be paid by the Buyer. <br />Unless otherwise provided bylaw or rider to this Contract, charges for the toIlowingrelated tit to services, namely title or abstract charge, title examination, and <br />settlement and dosing fee, Lhall bepaid bytheparty responsib lefor fumishingthetitle evidenceih accord ancc%ith Paragraph V. <br />L Pro mtons;(}edlts:Taxes, assessments, rent, interest, Insurance and otherexpenscs ofthe Nopertysha]Ibe prorated through the daybefore dosing Buyer <br />shall have the option oftaking over existingpolicies ofinsuran cc, if assumable, in which event praniums shall be prorated. Cash at dosing shalI be increased or de- <br />creased asmayberequiredbyprontionstobe mid ethrough day prior to dosingor ocLupancyifomiponcyoccurs before dosing Advan cerent and searhydep- <br />ositswillbe credited to Buyer. Escrow deposits held bynortpgee "it I be aceliled to Seller. Taxc.sshall be prorated based on the current year's tax with due &I low. <br />ance made for maximum allowable discount, homestead and other excniptions. Ifilosing occurs at a date vvhen die airrent year's millageisnot fixed and current <br />year's assessment is available, taxes will be prorated based upon sudh assessmcttt and prior year's millagc. Ifarrenl year's assessment isnot available, then taxes <br />will be prorated on prior year's tax. Ifthereare completed inprovementsontheRealPropertybyJanuarylstofyearofdosing which improvements were not in <br />existence on January Id of prior year, then taxes All all bcprornted based upon prior year', ioil I,;;r. and at An equitable A%icasmeot to he totted up nn between the <br />parties; railingwhich, requedshallbe madello the CountyProperty Appraiser rot in in formalnscesssent laking into tcmuntavailable exenpfions. AUxprora- <br />tion based on an edimale sliall, at request ofeither party, lie readjudad upon reccipl of tn,x hill on auulition ditto ,tAtenxntto that eired k signed at dosing <br />K SpedalAssessmentUtru;Ctrtified, confirmed and ratified special assessment liens as of date ofdosing(notas of EQodive Date) are to be paid by Seller. <br />Pend inglieuasofd ate ofdoaingab all beassumed byBuyer. IfNeinprovemcnlhasbent substantiallymnglciedssofEf)bdiseDate, anyptndinglien shallbe <br />considered certified, confirmed or ratified and Seller shall, at dosing be dhargcd an amount equal to Ne Iasi estimate or assessment for the improvement by the <br />publicbody. <br />N.Iruptirlon RepalrandMaintenance:Sellerwsrantsthat,ssofl0dayspriortodosingdiemiling,roaf(indudingthefasciaandsofiu)andexteriorand'vh- <br />teriorwalls, found at ion, seswaIN(or equivalent) and dod(age do not Itaveany Visit) IcEvidc(htic ofleaks, water damage orstrudura] damage and that the septic <br />Unk,poo I, All app Ilan oes, median ical he", heating coo I in& cledrical,plu nib in gsystcim arid ni.ich in cry are in Working Condition. The forego ingwirranty shall <br />be limited to the Rens specified unless otherwise provided in an addendum Buyer may, at Buy'er's typensie, have inspedions nude ofthose iters by firm or ind. <br />ividual specializing in home in spectiont and holdingan occupational lieenseforsudh perp o ie (if required) or by an appropriately licensed Florida contractor. <br />Buyer ilia Ili prior to fyuyer's occupancy or not less Non IOdays prior to dosing whichever nit urs fir it, report in wrkin gto Seller such hems that do not meetthe <br />above standards asto dared& Unless Buyer timely rep oru such defedi, Buyer shall be deenied to It ow waived Seller's warranties as to defeat not reported. Ifre- <br />pairsor replacements are required to comply with this Standard. Seller shall cause thcmlo he made and shall pay up to the amount provided in Paragraph X111(b). <br />Seller Is not required to maks repairs or replscemhents oft mrmeticnature unless mu"d by a defed Seller is responsible to repair or replace. Ifthe cod for rush <br />repairer replaoemenlexmedsthe amount provided in ParagraphXlll(b), iluyerarSeller nuycledtopsysudhexcess. failingwhidn either party mayancelthis <br />Contract If Seller is unable to cored the defeds prior to dosing the costthereofshall bepAid into escrow at dosing Seller shall, upon reasonable notice, provide <br />utilities service and aweta to the Property for inspections, including awalk4hrour)n prior to dosing to con riirmthstall hens of Personal Property arc on the Real <br />Property and, subject to the foregoing that all required repairs and replacetnents bave hem made and thatthe Property, indudin , but not limited to. lawn, shrub- <br />bery and pool, ifany, has been maintained in One condition existing as of Eflodive Date, nrdinsry wear and test excepted. <br />O, RlskOffnsa:lfthe Property is damaged by fire or other asuahybefare dosing and ort of restoration does not exceed 3`4 ofthe masessed valuation ofthe <br />Property so damaged, cotiofredorstionsh oil be tin obligation ofthe Seller and dosin gsh 311 proceed pursuant to the is" ofthis Contract With redorstioncods <br />escrowed N dosing ifthe coslof restoration exceeds 3% ofthe ss.csscd vslusfien of the Property so damaged, Buyer shall have the option oftaher taking the <br />Properly as is, together with either the ll%or any insurance proceeds payable by viutue ofsueh Inns or damage, orofancelingthis Contract and receivingretum <br />ofthedeposh(s). <br />P. PIsiceeds of Salt; (losing Procedure: Th a deed shall be recorded upon clemm ee off cods. Iran aborad of titla has been rumished, evidence oftille sh all be <br />continued at Buyer's expense to showtitlt in Buyer, without anyencumbrances or chance whidu would render Seller stale unmarketabltfiomthe dattofthe lad <br />evidence. All dosingproceedssull beheld in escrow by Seller'satomeyor other mutuallyaceptable escrow agent for a period ofnot more than S days after dos- <br />ing dale. if Seller's tale is rendered unmarketable, through no faith of Buyer. W)w shall, with in the 5:'ayperiod, notify Seller in wrkingoftha defied and Sella <br />shallhave 30 days from date or receiptofsudnrotificationtosurethedefied.IfSelleffailstotimelyLurethedefed,alldeposit(s)anddosingfunds shall,upon <br />written demand by Buyerand within 5 days allet demand, beretumed to Buyer and, simuhantonriywith sudh repayment, Buyvr shall return the Personal Prop. <br />city, vacate the Real Propt lyand reconvey the Propertyto Seller by qu(aal wwrantydetd and hill of We If Myer fails to make timely demand for refund, Buyer <br />Ali all take title as is, waiving all rights against Seller oto any intervcningdefed excrpl as may be availahleto Buyer by virtue of warantin contained in the deed <br />or bill ofsale. If* portion ofNe purdhsit price is to be derived Dom indeutionalfmmnungor refinancing requirem+mts ofthe lrndingirdaution uloplace, lime <br />ofdayandprocedures for dosing andfor disbursementofmortpgeproceedsil,admnlrolovermntrariprovisionLit`risGrntrast. Sellashsllhawthetightlo <br />require from the lending institution a written cornrnitinenithat R will not withhold ditbursement of mortgage proceeds as a result of any title defeat attributable to <br />)Myer-fnortpgor. The scow and dotingprocedure required by this Standard shallbe waived if thetale agent issurn adversemriten purwant to Section <br />627.7841, F.S., as amended. <br />Q. Fwasaw: Any escrow agent ("Agent") receiving funds or equivalent is suthorimd and agrees by seneptanceof them In depots them rronptly, hold amt in <br />ewow and, subject to durance, disburse them in macord nhce with tens and ohm J u tun u.l 11- Cunhrad. I'arlure of f cods to dear droll not mxcuae fsuyn'a rerfot- <br />m,mce. Ifin doubt t to Agent's duties or liabilities under the provisions ofthis Contras, Atv„t cosy, at Agent's option, continue to hold one subject matter ofthe <br />escrow until Ili a partica hereto agree to its disbursement or until a judgsonent ofa courtnfornpetent jurisdedion ah all deterrmire the riou ofthe parties, or <br />Agent may deposit umewith the derk ofthe dreua court havingjurisdidion ofthc dkpute. Upon notifying all partiesconeemed ofsudh action, all liability on the <br />p art or Agent shall fully terminate, except to the txdenlofaosxuntingrotmyitenuprevioullydeliveredout ofesuow. Ifelicessedreoledatebroln. Agrntwifl <br />complywith provisions of Chapter 475, F.S., as amended, Any Act R between Boyer and Seller wbereih Agent is nude • pasty because ofactingasAgenl hereunder, <br />or in any suit wherein Agent interpleads the subject matter ofthe escrow, Agentstall Iecnvcrreasonable atiemeysfret anitcowincurred with these amounuto <br />bepaicifromandoulofthe escrowed funds or equivalent and dhargedand awarded asco-It-asinfavoroftheprcvsilingparty. The Agent shalt not be liable to <br />f anypartyor person for madelivery to Buyer or Seller ofilems subject to the escrow, unless such misdelivery is due to willful breadh ofthe provisions ofthis Con- <br />tractor gross negligence of Agent. <br />R.AOorrney'tFeeslChau:Inanylitigplion,includinghreach,enforcementorinterpretation. arising out ofthis Contract, theprtvailingparlyinsudhlaiption, <br />which, for purposes ofthis Standard, shall include Seller, Buyer and anybrokers ading in sgvncyor nonsgency relationships muthmimed by Chapter 475, F.S., as <br />amended, shall bemtifled to recover from the nomprevailingpartyressonable anamey's fres, cods andexpensea. <br />S. Failure of rerfomnuha: If Buyer Oils to perform this Contract within Ne Bole.-l—if,cd, inducing payment ofall deposits, thedeposa(s) psidby Buyerand <br />deposit(s) agreed to be paid, maybe recovered and retained by and for the aanunt orScllcr as silted upon liquidated damages, consideration for the execution of <br />this Contract and inRtllsettlemenlofanyclaims; whereupon, Buyer and SellcrsthallbercliewdofallobliptionsundefihisContrad; or Seller, stSeller'soption, <br />may proceed in equaylo enforceSeller's rights under this Contract. Iffor any reason other than failure ofSellerio make Sellers title marketable after diligent <br />effort, Seller fails,ricoeds or refuses toperform tnisContrad, NeBuycr mayseel: rpecifhcperfhrmanceoreled toreceive the retum of Iluyer's deposit(s) <br />without thereby waiving any action for damages resulting fiomSeller's breach. <br />T. (bnhad Nol Rem rdable; Persons Bound; Notice: NeiNer this Contrast nor mynut i(h- of it shall be recorded in any publiciesords. this Contra, .hall h;.,d <br />and inure tothe bahefrtofthe na,i- ao,r u..e..;h�r_.c;ai�,'-, aLcucrar[Ihe anneal pcnuds, singular shall indude phrral and she gender -limit indudeall. <br />Notice given by or to lie attorney for any party shall be as effective as ifgivoh by or to Nat party. <br />U. anveyance: Seller shall convey title to the Real Property by statutorywarranty, trustee's, personal representative's or guardian's deed, as appropriate to Ne <br />status of Seller, subject onlylo matters contained in Paragraph VII and Nose othensise aevpted by Buyer. Personal Property shall, atthe request ofthe BAhyer, be <br />transferred byan absolute bill ofsale with warranty oftitle, subject onlylo such matters as nay be otherwise provided for herein. <br />V.Other Agreattnts:No prior or present agreements or representations shall bebindingupon fluycr or Seller unless included in this Contract. No modification <br />to or dhange in this Contract shall be valid or bindingupon Ne parties unless in vu iting And execrtcd bythe party or parties intended to be bound by it. <br />W,Warmly! Sell" warrants that there are no facts known to Seller materially alfcctingthe value ofNeProperty whidnare not read ily observable byDuynor <br />whidhhave not been disclosed to Buyer. <br />The Florida Association ofReaftors and local Board/ Association ofRcaltors make no r Pres mentation as to the legal validity or adequacy of <br />any provision ofthis form in any specific transaction.'Ihissiand art] iced foriu shoo let not be used in conplex transaction s or with extensive <br />II riders or additions. This font is available for use by the entire real estate industry and is not intended to identify the user as a <br />REALTOR(R). REALTOR(R) is a registered col led ive mcnib ersh ip nuirk that way be it sed only by real estate Hum sees N%fi o are members <br />ofthe National Association of REALTORS(R) andwho subscribe to its Code of Ethim Th a copyright laws ofthe United States (17 U.S. <br />Ccde)forbid Ne unauthorized rep rodudion ofb lank forms by any mean s.indud ing facsimile or computerized fours. <br />FAR/BAR4IV95Copyrighll995, FloridaAssodetionofRenhors(R) P.O.Nox725025 Orlando,11orida32872-5W5 All Rights Reserved Page 3of3 <br />'this form is licensed for use by ISO -McAllister Publishing 303.546-6355 <br />