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SPECIAL ASSESSMENT LIENS: Certlllad, confirmed and ratified epactal assessment lions as of date of CIOsPrig (nol as OF Effective pate) <br />are lobe paid by Seller. Pending hens as of dale or closing shall be assumed by Buyer. If the improvement has been substantially completed as <br />of Effective Data. any pending Ilan shall be considered cerllfled. confirmed or rallt[od and Seller shall, of closing, bo charged an amount actual to <br />the Iasi estimate or assamammnl far She Improvameol by Ilia public body. <br />N. INSPECTION. REPAIR AND MAINTENANCE: Seller warrants that the celling, roof (including the fascia and sgllits) and exterior and <br />Inlerlo( wells, foundation, seawalls (or equivalent) and dockage do not have any Visible Evldenco at leaks. water damage or thf UtItral damage <br />and that into %spite lank, pool, all appliances, mechanical items, haeling, cooling, oreciricaP, plumbing systems and machinery are In Working <br />CandlHon. The foregoing warranty shall be limited to the items speclNed Unless otherwise pravided in in addendum. Buyer may, at Buyer's <br />oxpanse, have inspections made of these items wilhin 20 days after the Effective Pala, by a Wince individual specializing in home Inspections <br />and holding an occupational license for such purpose (if raqulredl or by an appropriately licensed Florida Cooltector, and Boyer shall, oiler <br />to Buyel'$ occupancy. bot not mote than 26 days after Effectivo Colo. (opott In writing to Seller such Ilems that do not maul Ilia als"a standards <br />an to defacls, Unless Buyer timely feptrle such defeclm. Buyer shall be danmild No have warva4 Seller's warranties ■e to defects not reported <br />If imparts or replocamenls are requlmd to comply with loll Standard, Splint shall ca"ea them to be made and shall pay up to the amount <br />provided In Paragraph XIII(b). Seller Is not ra ql Pad to make repairs or replacements of a Cosmolic Condllion unless caused by a defect Sauer <br />is responsible to repair or fepl"a. It the coir for such repair of replacement axc.ads the amouAl pto'rrded in Paragraph XI11(a). Buys( and Sailor <br />may elect to pay Such excess, falling which either early may cancel this Contract It Sailor Is unable to correct the defects pilar to closing. the <br />Coal thereof shall be paid Into escrow at closing. Sellar shall, upon tea%onabre police, ProVlde ulilmos sorvlco and access to the Properly for <br />Inspections, Including a walk-through prior to closing, to confirm Ilial all items. of personal property are on the real property and, subject la the <br />Foregoing. that all required imparts and replacements have been made and Thal Ihn Property, Inciuding, but not limited to, lawn, shrubbery and pool, <br />If any, hag been maintained In the Condillon existing as of Effecuva Date, ordinary wear and tae -r esceptod For purposom or this Contract la) <br />'Working Condition' means operating In the manner In which the Item was designed to oparnle. NO)'Coxmetic C4n4NloW means aesthetic <br />PmperftCllons that do not affect the working condition of the Item. Inciuding, but not limited to pilled marrilo; missing or torn screans, fogged <br />windows; lents,worn spots, or discoloration of [loot o"ee'ngs, wallpaper, or window tfealmants; saki hales, scratches, dents, scrapes. chips or <br />caulking in callings, wall$„ hearings. Rxtures, or initials; and minor Cracks In floors, Niles, wlndpwl, driveways, sidewalk$, or pool darks; and IC) <br />Cracked roof lifts. curling of worn shingles, or IrmI144 root life shall not be consldor ld defect% Seller mull repair or replace, act long 71 there If no <br />evidence Of actual looks or leakage or slrucltual damage, but missing tries will tie SePlet's ralponsrbriily to replace at repair. <br />O,RtSR OF LOSS: If the Properly Is damaged by lire at other Casualty before closing and coal of restoration does not exceed 3% of the <br />assessed valuation or the Property so damaged, cost of restoration shall bO an Obligation of Sailor and closing shall penciled pursuant to the <br />terms Of the$ Contrast with re Sl CrptlOn COLI2 escrowed at closing, If rho cost of roltoratlon axeoads 3:l' of the stressed valuation of she <br />Property s0 damaged, Buyer shalt have the oplion Of either laking the Pruporly as is, tagethpr will' eilhtf the 3% at any Insurance proceeds <br />payable by virtue of sucti lose or damage, or of canceling lhls Contract and P-84ving return of the depnsilts). <br />P. PROCEEDS OF SALE; CLOSING PROCEDURE: The dead shall iia recorded open Clearanet Of funds If an ap$tra Cl of IPlle has been <br />furnls had, avldanco Of title shell be contlhued At Buy0t'$ expense Io Chew title In Buyer, without any encumbrances or change which would render <br />Seller's Atte unmarketable from the dale of the Iasi evidence. All closing proceeds shall be hold In escrow by Seller's attorney Or other mutually <br />aCCOprabla escrow agent for a period of not more then 5 days allay closing Cala. If Soiree's Atte is randerarl ummnrkelable, through no fault of <br />Buyer. Buyer shall, within the 5 -day Pett'Ocl, "Drily 501101 In wfitlog of IAE defect and Seller shall have 30 days from dale of raCtiot of such <br />notlecallon to core the defect. If Seller falls to timely cuts the dertct, all deposits) and closing Funds shall, upon wrtiten demand by Buyer and <br />within 5 days after demand, be rolurAdd fo Buyer and, almurlaneo+ sly with such rapaymenl, Buyer %hall return the personal property, vacate lhrl <br />real propriety end frioonvey the Property to Sailor by special warranly deed and hill or sale. If Buyer foils to make llmoty demand jot refund, Buyer <br />shalt take Mlle as Is welving sit Fights against Seiler as to any Inleeaentng defect except as may be Avallawe to Buyer by venue dl warranties <br />contained In the deal or billof sale. If a portion of the purchase price Is to be dorlved tram institutional flneOcing or refinancing, requirements <br />of the lending Instilutlon all to plata, flora of day end procedures 141 closing, and for elsbuf%emenl of mortgage proCatdl Shen ConlrOI over <br />contrary provision In this Contract. Seller Shall have The riot to require front the lending Insliluilon a written commitment that it will nor <br />withhold disbursement OF mortgage peaceads as a result of any ]III* defect altfibutable to Buyer mortgagor. The escrow and closing procedure <br />required by 11111 Standard shall be wafvad if tithe title spent insures adverse mailers pursuant to Section 627 1441, F.S.. as amended. <br />Q, ESCROW: Any escrow agent t'Agent') tocelving funds at equivalent Is authorised and agrees by aCCeplanco of them to dapo%n them <br />promptly, hold some In escrow and, rubloct to clearance, disburse Itrem In ac'nrdanco with terms and conditions of this Contract ralluen of <br />Fonds to Clear shalt nor excuse 8uyer'e performance. It in doubt as to Agent's duties Of liabiltlles under the provislons of this Contract. Agent <br />may, at Agent's oplion, conllnurs to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a j"4gemehl <br />of a court of competent jurledlctlon shall dutefminri the thahl1 of the parties, or Agent may deposit Game wlrh the coats, of the circ Wt cerin 11avwo <br />jurisdiction of the disputa. Upon notifying all parties concerned of such action, all liability an the part of Agent %hail fully terminale, .,.act to <br />the extent of accounting foe any flame previously delivered out of escrow. If a licensed real estale broker, Agent will Comply with provisions of <br />Chapter 476, F.S., as amended. Any evil between Buyer and Sellar wherein Agent Is made a party bacause of acting as Agan1 hereunder. or m any <br />mull wherin Agent Intafplaads the subjecl molter of the escrow. Agenl shall fecover eoaSpnabe Otl4rnay'S loos and cash Incurred won those <br />amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of Ilia pravalhng party. The <br />Agent shall not be liable l0 any party or person for ml%dellvoty to Buyer of Sellar or llama subject to the escrow, unless such misdellvefy Is due Id <br />Willful breach of the provisions of this Contract or gross negllgerI Of Agent. <br />R,ATTORNEY'S FEES; COSTS: In any litigation, Including breach. enforcom11nl or Interpretation, arising out of this Contract, the Prevailing <br />pDrly In such Iftipdtlon, which, for purposes of this Standard, &hail Include Seller, Buyer slid any brokers acting in agency or nonagency <br />relationships authorized by Chapter 476, F.S., as amended, shell bb entitled to recover learn the non•provarling party (easOnabte allbrriey`s fees. <br />costs and expensam. <br />S. FAILURE OF PERFORMANCE: II Buyer Palls to perform this Conlracl within the Ilme specified, including payment of all deposits, the <br />depotll(t) paid by Buyer and deposit(a) agreed to be paid, may be racovared and retained by and for the account of Sailor as agreed upon <br />Ilquldaled damages, consideration lot Ina oxeculfon of this Coulra Cl and in full seltlemonl of any claims; whereupon. Buyer and $oiler shalt be <br />folleve4 of all obligations under this Centrad; of Saller, at Seller's DptlOn, may pto4eed In equity to enforce Salter's rights undar this contract. If <br />for any raaSU" other than failure of Sailer to make Salfar'$ 111111 markelable rifle' diligent eflott, Sauer falls, "ogloCtS or ref"5e1. to I'"C"m Ihrs <br />Contract, Buyer may tookspecific performance or elect to receive the return of Buyer's depuslltsI wilonut thereby waiving any action for <br />damages reaulling from Seller's breach. <br />T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract riot any notice of Il shall be recorded In any public <br />records. This Contract shalt bind and Inure to rhe benollt of Itte partial and Ihetr e"CC415042 In 11110raml. WhOAcvef the context permits, singular <br />Shall Include plural and one gender Shall Include all. NollCe given by or to Phil allorney for any parry shall be as effective as if given by or to that <br />party. <br />U. CONVEYANCE: Sellm shall Conway title to the real properly by statutory warranly, trustee's, personal representative's Or guardian's deed, as <br />appropriate to the slalom or Seller, sub)oCl Drily to matlars contained In Paragraph Vll and lhose oth-13. occepled by Buyer. Perlonal properly <br />shelf, it the request of Buyer, be lrarmfoFe4 by an AbsePule bill at late with warranty at title, subject only to such manors as nwf be otherwise <br />Provided for 1`10(tirk. <br />V, OTHER AGREEMENTS: No prior or present agreements or roprosenlations shall be bend{ng upon Bnyot Or Safler units$ included In loll <br />Contract. No modtlicallon to or change In this Contract shell be valid or binding upon the parties unless In wrlling and executed by the patty or <br />panto$ Intended to be bound by It. <br />W. WARRANTY: Sailer warrants that Inure are no facts known to $Filler materially allotting the value of the Property which are not readily <br />observable by Boyar or which have not been disclosed to Buyer. <br />O uyar ( 1 ( 1 and Seller (—I I—) acknowledge fecslPI of a copy of 11111 Page. <br />FARIBAR-5 Rov. alga COPYRIGNT 1900 THE FLORIDA BAR AND THE FLOR IDA ASSOCIATI ON OF REAL TORSO <br />This form is licensed for use with Formulator" Form's Software by tSG fvlcAllistet Publishing, Inc- ODO-336.1027 <br />