|
do
<br />173
<br />174
<br />175
<br />170
<br />177
<br />176
<br />170
<br />180
<br />let
<br />102
<br />103
<br />184
<br />185
<br />lee
<br />187
<br />108
<br />tog
<br />190
<br />191
<br />192
<br />103
<br />194
<br />195
<br />190
<br />107
<br />198
<br />198
<br />200
<br />201
<br />202
<br />203
<br />204
<br />205
<br />200
<br />207
<br />208
<br />209
<br />210
<br />211
<br />212
<br />21)
<br />214
<br />215
<br />216
<br />217
<br />218
<br />219
<br />220
<br />221
<br />222
<br />223
<br />224
<br />225
<br />226
<br />227
<br />228
<br />229
<br />290
<br />231
<br />237
<br />233
<br />234
<br />235
<br />236
<br />237
<br />236
<br />230
<br />240
<br />241
<br />242
<br />243
<br />244
<br />245
<br />248
<br />247
<br />248
<br />249
<br />250
<br />251
<br />252
<br />253
<br />254
<br />255
<br />250
<br />257
<br />258
<br />259
<br />260
<br />261
<br />202
<br />263
<br />204
<br />265
<br />266
<br />267
<br />260
<br />269
<br />270
<br />271
<br />272
<br />213
<br />274
<br />275
<br />276
<br />277
<br />278
<br />279
<br />200
<br />281
<br />262
<br />shall deliver release* or waivers of construction [lens executed by ail general contractors, subcontractors, suppliers and malnrlalmen in addition
<br />to Salle Y$ lien slfldavll setting forth The names ,f all such general C00,180101%, subcontractors, supplier* and malatislrnen, further Affirming that
<br />all Charges for Improvements or ropalf$ Which Could solve as a basis lot a construction lien or a Claim for damages have been paid or vivi be paid
<br />at the closing of this Contract.
<br />H. PLACE OF CLOSING: Closing shall be held in the county whoraln the real PfOPaltY is located a1 life *!flea of the attorney or other closing
<br />Agent ('Cloeing Agent') designated by Seller,
<br />I. TIME: in Computing time periods 91 lase than six (6) days. 5alurdays, Sunday$ end elate or national 1.9-1 holldaye shall be excluded. Any time
<br />Period* provided lot herein which shall and on a Saturday, Sunday, o1 a legal holiday shall extend to 5:00 P.m. of the next business day. Tim* Is of
<br />the essence In this Contract.
<br />J. OL031NG DOCUMENTS: $01101 shall furnish Ilia dead, bill of tale, construe Non lien affidavit, owner's possession alfidavll, 86110,11naht* Of
<br />100009, tenant and mortgagee estoppel letler$ and corse Uva instruments. Buyer Shall furnish closing statement, mortgage, mortgage note,
<br />security agreement and flnencino slalamenl$.
<br />K. EXPENSES: Documentary Stamps an the deed and recording of Correc Nvo instruments shall be paid by Seller, Documentary stamps and
<br />Inlenglble lax on Ih# purchase money mortgage and any rnortgago assumed, mortgagee title Insurance commitment with related fees, and
<br />recording of purchase money mortgage to Salter, dead and financing statements Shall be paid by Buyer. Unless otherwise provided by few or
<br />dollar to this Contract, charges for the following relalud rite Services, nomoly title of abstract charge, title examination, and 4ailre.enl
<br />and closing tea, shall bo paid by the party responsible lot lurni%hrig the title evidence In aeoordane$ with Paragraph V.
<br />L. PRORATIONS; CREDITS: Taxes, asxusemenls, rent, interest, Insurance and other expenses of the Property shall be otoralod through Ina
<br />day before closing. Buyer shall have the option of taking over existing policies of insolence, if a66umaolo, In which event pr6mlurtt alias be
<br />Pfofelad. Cash at cloning shall be increased of decreased as may be requirod by proralions to be made through day prior to closing, Or occupancy,
<br />If occupancy occult before closing. Advance rent and secutity deposits will De credited to Buyer. Escrow deposits hold by moftgagae will be
<br />Credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made lot nuximurn aliowablo discount, homestead
<br />end other exemptions. If clo l -g occurs at a dale when the current year's millage Is not fixed and current year's assessment to available, taxes
<br />will be prorated Defeo upon such artsessnenl and prior year's milioge. if current year's assessment Is not available, then taxes will be prorated
<br />on prior year's lax, it that# Ira completed Improvements on the real properly by January 1st of year of closing, which lmpfovtmonts waro not In
<br />existence on January lel of prior year, then taxes shall be prorated based upon prior year's miliage antl at an equitable assessment to be agreed
<br />upon between the paffigs; failing which, (eque6l 6ns11 De made to fine County Property Appraiser for an Informal asiosamafit taking Into account
<br />available exempiione. A lax proration bawd on an estimate 61)30, at request of other parry, bo readjusted upon receipt of lot bill on condition
<br />that a statement to that offeot Is Signed a1 closing.
<br />M. SPECIAL A53C53MENT LIENS: Cofllfled, confirmed and ralilied special as$essrnont hens as of dais of closing (not as of Effective Dale)
<br />era to be paid by Beher_ Pending lion$ 69 of data of cfonng shall be asstined by Buyer If the improvement has been substantially completed As
<br />Of E116CIIv0 0810, Any pending lien $hall be Considoled C.rtd1*d, confirmed or ratified and Sailer shall, at CIOsino, be charged an amount equal to
<br />(he fast estimate of assessment for the Implovoman by Isle public body
<br />N. INSPECTION, REPAIR AND MAINTENANCE- Stile, warrants trial the ceding, roof (Indudmo the lasers and solhts) and 4xt4tior and
<br />interior walls, foundation, s#aw#0% (o( equivalent) and dockage do nal nave any Vitiblo E,,,denco of leaks, water damage or 61WOUfal 041.390
<br />SAO that Ili# septic rank, Pool, all appliances, mechanical nems, heating, cooling, electrical, plumbing systems and machlnaty Aro In Wolkino
<br />Condition. The foregoing warranty shall be limited to the items specified unless otherwise provided In an addendum Buyer may, of Buyer's
<br />expense, have Inspection$ made of (hose Items within 20 day$ Ofor the Effective Dale, by a film or individual specializing in home inspections
<br />end holding an occupational license for such purpose (it foqurred) of by Ali appropriately licenwd Florida contractor, and Buyer Shell, prior
<br />to Buyer's Occupancy, but not more than 20 Day* after Ell*Urwe Dart, report in wilting to Seiler such Rema that do not meat the above alandafds
<br />41 to defects. Unless Buyer firnely ropOrt such Chests, Buyer %hail be deemed t0 have waived Sailer'& warranties at to defill not reported
<br />It repair$ or ($placement$ #ro required 10 comply wiln this Standard, Sailer shall caul* Ihom to be .*do and shall pay up to Ina amount
<br />Provided in Paragraph Xtli(b). Setter is not rottulted to make reports to replacements of 6 Cosmetic Cond7Ucn unlest neuter) by S defect Seiler
<br />It fes POnSlbl* to r4PSIf Of replace- if the Coat for ouch leplN of roplaeemdni exceeds the Amount Provided In Pal$glaph Xlil(0), Buyer and Seller
<br />may elect to pay such excess, falling h.CA either party may caneet this Cont'"" It Beller is unable W correct It's defects prior to dosing. in.
<br />cost thtreef $hall be paid Into # O(C. 41 closing. $Offer shall, upon rtasonabio notict. Provide utilities sterwom and access to the P1.04rly for
<br />inspection*, including *work -through prior 10 closing, to Confirm that all .tsm'$ of personal plopoNy ala on it's real property and, suojvcl to Ina
<br />fdlgOing, that all required rop#iq and replacement$ have been loads and that Ili* Proppty, Including, Dot Mot ll.lt*d to, Hawn. threbbefy and 0001,
<br />It any, has been maintained in the condition existing be 0f Ellirctiv0 OAr*, ordinary was, and tear asceptod. For purposes or this Conflict'. (A)
<br />'WorkingCOMO llo.' meant operating In ih* r...A., s,, .niar (he 11.1. v-.4$ designed to Opalslt, (o) `Coarhetie Condition' mean#
<br />tI $e$Inali4
<br />imperfecons that do no elf*61 the working condition of file dem, inNutl+ng, Out hot limited to. pitted nimcdle; rmintng or torn iC,f ns; logged
<br />windows, lest*, worn spats, or discoloration of floor covatmgs, wallpaper, or window Ireelma Al*, nail steles. S:IaltAe e, d4nis, sotspet, Chipe Or
<br />Caulking in calling%, wall*, floorrn9s, fixtures. Or miNOrs, And minor Clack$ 1n liters, tilts, wlhdOwe, drlveways, *fde'walka, of pool docks; and (c)
<br />Clacked'Oor IIIA%, Curling 0r worn shmalts, or limrlad loot Will Strait not tis cC.aidersd d#t#clo Sailor must r*pair or foploce, to long as there It no
<br />evidence of actual leaks of leakage or 61?vCINOI damage, out mlsotng Wei will be $tiler's lesponaftl0ay to t*place or report,
<br />0. RISK OF L053: If the Plopgrly it damaged by Ilia of other casually before closing and cost of rottorarion does not exceed 3% of the
<br />66109400 valuation of The prop#rty to damaged, cost of restoration thAli to OA Obligation of Solley and closing shall proceed pursuant to the
<br />forms of this C9ntfacl with roStotolion pest% *icrawtd at of rstng, It the Cost of rtttoreNdn #xc#*dt 3% of the #644*444 va€utllott of the
<br />Property to damaged, Bvyof $hail have the option of silver taking 010 property as is, togath*1 .,it, ohl"t the 3% or any insurance Proceeds
<br />Payable by vlrluo of such loss Or Carnage, of of canceling this COntroct and Acevniho return of in# o*posit(s),
<br />P. PROCEEDS OF SALE: CLOSIRO PROCEDURE: The deed shall of fecofaed upon clearance or fundi 11 or. abstrsCt of title half be*"
<br />turnithed, tvldence of title shah be continued it Buyer's espensa to show fiNain Ill without any ancumbroAC#s of:nano# which would render
<br />S01101'4 title unmarketable from the dare of the fail evidence All Closing placated* shall be hold in *solow by $alit?'$ attorney or other mutually
<br />acceptable *screw agont ter a Period of not mole than 5 day* After closing dole. It Sall*?'$ title Is fendolod unraerkoiablo, Motion ria fault of
<br />Buyer, Buyer *hall, ..thin tn# 5 -day PAliod, notify Senor i,, wintnif Or Ill. defect and Sellar shall have 30 days Ito. dal* or locolot of feat,
<br />notification to curs the dialect. It Either fails to I'Mofy Cuts Iho def e:t, 411 dopo0.t(S) and closing funds shaft, upon written demand by Buyer SAO
<br />Within 5'JOYS *tiff demand, be (*turned to Bole, #lid. 4r 01aneousty wnh such f*payn14n1, Buyer shall forum Ina palatine, properly,'Acme the
<br />lest property and roconvay ilia Property to Sailer by special warranty dead and Off of $410. it BUYS, ratio to make tfmoly demand for (*fund, Buyer
<br />that lake tills 46 It, wsjving all righls against Stlief 46 fb any rntervan.ng dtlogt except of niay be Avatfablo to Buyer by virtue of wAffint'.4
<br />contained in i1)* Used Cr billet sale It a portion of the Purchata Phc. is to ba dorivtd from Insist uli9.#t frnsn4ina or refinancing, r*quit*.4nis
<br />of the londinV Institution as to place, Nms of day Ane} prOC#dura$ for Closing, and for disbursement of mortgage proceeds shall Control oval
<br />contrary provision In It's Contlact, Dollar snlii have i1)# light 10 144ulte from the lending instillation if wrrtrtn Commitment that it will nor
<br />wiirhold disbursement or mottgago proceeds as a result of any 1,116 Offset aitrrbutabl* to Buyer mortgagor. The atdro. and clotting procedure
<br />regWf6d by this Standard shah be walvad if tri$ tilts agent fnsur#s Advors# matter* Portugal to Section 627.78H, F.8 , as amended,
<br />0, ESCROW! Any *$crow agent ('Agora(•) ftCelving fund$ or equivalent 16 authorized and sof*#% by acceptance of them to deposit them
<br />promptly, hold %$me In escrow &lid. Subject to aisefance, di#bWte thorn in accordance with farm$ and Odndilions or this Contract. Failure of
<br />fund* le era#t their not excuse Buyt1'S P$1101msrtGf If in doubt as t0 AVe.IY duties at ngbinites oriole, ilia p19,1410.1 of Into Contract. Agent
<br />may, of Agent's 9Piion, Continue l0 .to Ino tuoloct mattes CI In. r$dr err ymn the partial naraf0 02,0. to sit doo.'semtnt of until . Iuclgem.ni
<br />of a court of competent )0lts4iclion *hell dolermin* the r,gh,o or rho 04114C of A00.1 M., d#powl tams wIn'h* C4ek or in* circuit Court h*vmg
<br />jurisdiction al in. dispute. Upon notifying ail Pallet COnC*tri*d d ..Ch adio., all habliily on the Dart of Agent shall fully itrm'hole, ea Capt to
<br />the extent of accounting for any Hems p,owously deirver*d our or escrow, it $ tict... d rear ..iota Or.k., Agenl wdI Comply will) PIO.,10n$ or
<br />Chaplet 415, F.S, as omondod. Any Wil between Buyer any Senor whwom Agent to mod* a Party bocaus# of "ling as Aoon) hereunder, Ori. any
<br />tui w?t Agent Intsrpleadt in# subject rngitar Of ,lie e%Crow, Agent *hail recover reatonaOle attorney's toot, and costs incurred with ilia%.
<br />amounts 10 be paid from and out of In* $screwed rends Or aqulval0nt and chorged And awarded as court Cast$ In favor of the prowl party. T ne
<br />Agent *hall not bo liable to any party or person lot mi*dohwe?y to Buyer of Sollur of items subject Ig the escrow, uh10s* 6ech mi*delivo,y i4 due to
<br />w1111d breach or the provisions or Int$ Contract Or gross no)i'gence ci Agent
<br />R. ATTORNEY'S FEE3; COSTS: in any litigation rAch,aing breach, enfofcil l Or u.ttrprAtahon, arising out of this Cmlifact, tri# provahino
<br />party In such litigation, which, lot purposes of this 8landalo, shall include Seller, Buyer and any broker& #cling in agency Or nonagancy
<br />firiotlor*hlps outhon2ed by Chapter 475, F'S . at amano W. %fish 00 unfilled to recovot from lire non-provaNing party Ieasonstrie attorney'& loo*,
<br />costs end *'ponces.
<br />S, FAILURE OF PERFORMANCE: It Boyer (site to parlolm this Contract within t1)* time specified, including DaYmirnt of All CIOPotila, the
<br />deposit(&) Palo by Buyer and deposit($) ogicad 10 of pard. MAY 04 recdwofed and f6telAetl by and to? Sha 4CC9ant Of Saner 84 Soloed upon
<br />liquidated damages, cons loafer jon.fdr the exticutlon or this Conttacl and in full solllenwnt of any claims; wharoupon, Buyer and Salter shah be
<br />reileved Of all obligations under this Contract; or Salter, Of Sailor's Option, may proceed in equity to enforce 8011014 right* under this Contract, it
<br />for any reason ether than saber* Or Sailor t0 make Selief's title marketable after diligent efferl, Seller fajjq neglects of rotu$ea to portOril this
<br />Conlfacl, Buyer may seek specific performance or elect to receive the return of Buyer'& deousiitt) without thereby waiving any action for
<br />damages resulting from Seller's breach.
<br />T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Norther this Contract nor any notice of it thall be tecoroad in any pubic
<br />records. This Contlacl %hall bind and inure 10 the benefit of the patties and their %ucceswU in Interest. Whonuvtl Ilia context permits, singular
<br />shall include plural and one gonder Shah Include Oil Notice Vivo,, by ar to the attorney for any Polly $hail Oa of effective as it given by or 10 that
<br />p 011 Y.
<br />U. CONVEYANCE: Seller shall convey 1,110 to Nle feat ptoparty by statutory all arty, Iruslee'S. personal representatives or guardian's deed, as
<br />appropriate to the status of Seller, subject only to moneis contained in Palagraph oil and those otherwise accepted by Buyer. Personal property
<br />shall, a1 the request of Buyer, be transferred by an absolute bill of sale wits vfarranly Of I In subject only to Such fnalloro a0 may be otherwise
<br />provided for hergin.
<br />V.OTRER AGREEMENTS! No prior or present agreamenls Or rep06entalions Shall be binding upon Buyer or Sailor unl4*S included in this
<br />Contract. No modilieallon to or Change in this Contract sn*II be valid 01 binding upon the parties unjust in writing and executed by the party or
<br />parties intended to be bound by it.
<br />W. WARRANTY: Sailor warrant# that there alb no fuels known to Seller materially affecting the value or Ilia Property which ata not readily
<br />observable by Buyer or which have nor been disclosed to Buyer
<br />Buyer (T t ( l and Seiler ( I (__. ) acknowledge recNpt of a copy of lids page.
<br />FARIDAR-5 Rev, 0/96 RIDERS CAN BE OBTA:NEO FROM THC FLORIDA ASSOCIATION OF REALT ORSO OR THE FLORIDA BAR
<br />This form is licensed for use with FftrgirsuiaLur" Forms Software by ISO McAllister Publishing, Inc. 800-330.1027
<br />
|