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<br />E-171
<br />202
<br />203
<br />294
<br />208
<br />200
<br />2a7
<br />2g8
<br />289
<br />210
<br />211
<br />212
<br />213
<br />214
<br />215
<br />210
<br />217
<br />218
<br />219
<br />220
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<br />220
<br />228
<br />230
<br />231
<br />232
<br />233
<br />234
<br />235
<br />230
<br />237
<br />238
<br />239
<br />240
<br />24$
<br />242
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<br />245
<br />248
<br />247
<br />240
<br />242
<br />250
<br />251
<br />282
<br />253
<br />284
<br />200
<br />258
<br />757
<br />250
<br />258
<br />280
<br />281
<br />252
<br />283
<br />284
<br />208
<br />2'80
<br />207
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<br />209
<br />270
<br />271
<br />272
<br />277
<br />274
<br />275
<br />274
<br />277
<br />278
<br />278
<br />250
<br />281
<br />282
<br />M. SPECIAL ASSESSMENT LIENS;Carllflod, confirmed and ratlflad spacial assessment tions as of data of closing (not as of Effective (late)
<br />are la he paid by Seller. Pending clans hs of dole of Closing shall be assumed by Buyer. If the Improvement has Doan substanlioliy tomptelad ■s
<br />of Effective Gale, soy ponding Ilan ehofl be Considered corllflod, confirmed or ratified and Sellar shalt, nl Closing, be Charged an OMOUAI aqu'al 10
<br />the Irst ostlmate or assessment for Phu Improvement by the public body.
<br />N,tNSPECTION, REPAIR AND MAINTENANCE: Sa11ar warrants that the Calling, rade (including the lascis and soffltsj and ealarior and
<br />Interior walls, foundation, seawalls (or equivalent) and dockog5 do not have any Vlolblo EYldenca of Icak@, wAlOt damage Of sttuclural damage
<br />and that the septic tank, pool, all appliances, machantcol Items, hoisting, tooling, olaClrlcel, plumbing systems and maChtnary are In working
<br />Condition. The foregoing worronly shall be limited to the Moms spocifled uAlees olbofwlso providod in an addendum. Buyer may. at Buyer's
<br />expense, have Inspection@ made or those Items within 20 days after The Effective Data, by a firm or Incrvlduat specialising in home Inspections
<br />and holding an octupallondt license for such purpose of rnqulradl or by an appropriately licensed Florida Coniracter, and Buyer shall, oiler
<br />to Boyar's occupancy, but not more then 20 days after EfFeclivo Dale, report In wilting to Seller such Itemsthat dO not most the above standards
<br />as to dalacls. Unless Buyer limoly reporls such defects, Buyer shall be deorned to havo waived ScNor's warranties as to daracts not reporlOd.
<br />if repairs or replacements aro required to comply with this Slandard, Sailor shall cause them to be made and shall pay up to the amount.
<br />provided In Paragraph %111(b), Sailor Is not required to make ropalr's or replacement$ of a Cosmetic Condition unless caused by a defect Seller
<br />Is responsible to repair or replace. IF the cost lot such repair or repletamenl excoods the amount proAdad In Paragraph XIII (b), Buyer and Seller
<br />may elect to pay such excess, failing which either party may cancel this Contract. If Sailor is unable to correct the defocls prior to closing, the
<br />COM thOraof &hail be paid Into escrow at closing. Sailer shall, upon reasonable n011CO. Provide uluillaa servlCa and OCCOSS to the Properly For
<br />hop"llons, Including a walk-through prior to closing, le confirm that all hams Of personal property ora an Iho real properly and, subject to the
<br />Foregoing, that all required repa.lra and raplacemants have been made and that the Properly, locludjng, but not limited la, lawn, shrubbery and pool,
<br />If any, hasboon molnlalnod In The condition existing as of Effocliva Data. ordinary wear and tear a,coplod For purposes of this Contracl: (al
<br />'Worklog Condition" means operating In ilia manner In which the Item was domignod to oparalo; (bj 'Cosmetic Condition* means aesthollc
<br />Imperfection@ lhal do hat affect the working Condition of Ilia Item, including, but not Ilmlocl to: piltod marcrta. missing at tern acres"$; fogged
<br />windows; tests, worn spats, or discoloration of floor coverings, wallpaper, or window heal Mont s; nail holes, sC ral c ha 5, dent 5, scopes, Chips or
<br />caulking In Callings, walls, floorings, fixtures, or mlrro; a; and minor Cracks In floors, Inas. windows, driveways, sldowalk s, or pool decks; and (Cj
<br />cracked roof Utas, curling or worn ahingle s, or [Imlted roof life shall nal be cons Piloted do facts Sailor mu sI raga it Or reptile 0, so long as there Is no
<br />evidence Of actual leaks at look age or slrucl(ual damage, but missing 11105 will to Seller's (as ponslbilily 10 raplac'a at repair.
<br />0. RISS OF LOSS; If the Properly Is damaged by tile or other casually bOFore Closing and cost of rostorauon duos not exceed 3% of the
<br />aneased valuation of the Properly ao damaged, coal of rn5torailon shall be an obligation at Sailor and closing shall proceed pursuant to the
<br />terms of lhlaContract with toslorallon costs escrowed at closing. It the Cast of teslorallon exceeds 3°t- of the assessed valuation of the
<br />Pfoporty s0 damaged, Buyer shall have the option of either taking the Property as Is, together with either the 3% or any Insurance proceeds
<br />payable by virtue of such foss or damage, or of canceling this Contract and racolving return of the doposit(s)
<br />P.PROCEEDS OF SALE; CLOSING PROCEDURE: The dead shall be recorded upon clearance of funds. 11 an abstract of tills has bean
<br />furnished, avldonee of hila shall be conllauod at Buyer's Ox parse to show title In Buyer, wtlhout any oncumtfancos or chanoe which would render
<br />Seller's tilt unmarketable from she dale of the last evidence. All closing procands shall ba hold to escrow by Seller's allorney or other muluany
<br />acceptable escrow agent for s period of not more Than 5 days after closing date. If Seller's title is rOndered unmarketable, through no lault of
<br />Buyer. Buyar shall, within The 5 -day parlod, notify Salter In wrilino Of the defect and Sailor shall havo 30 days fee- date of receipt of such
<br />notification to cure the deroct. If Sellar falls to lamely cora the detect, atl deposlllsj and closing funds shall, upon wrillon demand by Buyer and
<br />within 5 days after demand, b@ returned to Buyer and, simultaneously with such repayment. Buyer shall return The personal prOporty, vat310 rho
<br />real property and reconvey The Properly to Seller by spacial warranty dead and hilt of sale. It Buyer fails to maks Ilmaly demand too rotund, Buyer
<br />shall lake title Be Is, waiving an rights against Sailer as to any Iniarvanlno defect oacopt as may be available to Buyer by virtue of warranties
<br />contained In the deed or bill of sate. If a purlieu of the purchase price Is 10 be derived Item lnllitutfonal (Mancing or refloancing, requirements
<br />or the landing InstRullon 8% to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over
<br />contrary provision In this Contract. Sellar shall have the (Ight to require from the landing Inslilution a written commitment that It will not
<br />withhold disbursement of mortgage proceeds as d result of any tills defect allilbutatle to Buyer mortgagor. The aserow and closing procedure
<br />required by this Standard ahall be waived if the title 000111 Insures adVarae matter& pursuant to SOct-on 627.784 1. F.S., as amondod.
<br />Q. ESCROW: Any escrow agent {'Agent'} receiving tunas or equivalent Is outhorlxed and agroes by acceptance of them to deposit them
<br />promptly, hold same in escrow and, subject to claarenca, disburse them In accordance with Parma and conditions of this Contract- Failure at
<br />funds to clear shall not excuse Buyer's porformance. If In doubt as to Agent's dullsi or liabilities under the provlslons of Iola Conlfatt, Agent
<br />may, at Agent's option, continue to held the subleCt matlor of the escrow until The parlios horele agree to Its disbursement or until a Judgement
<br />of a court of ...patent Jurisdiction shall determine the right@ of the parties, or Agent may deposit some with the clerk of the circuit court having
<br />jurlf-dldllan of the disputa. Upon notifying all pOT110% Concerned of such action, all liability on the part of Agent shall tufty terminals, except to
<br />the extent of accounllAG for any Floods previously delivered out of escrow. If a licensed real estate broker. Agent will comply with provisions of
<br />Chapter 475, F.S., as amended. Any suit bstween Boyar and Sailor wherein Agent Is made a party because at acting as Agent hereunder, of In any
<br />suit whorin Agent Inlarpiands the sublsc1 matter of the escrow, Agonl shall roaovor reeSolldblh attorney'@ fans and coils Incurred with 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 the prevailing party. The
<br />Aoanl shalt not be Gable to any party of parson far misdolivory to Buyer Of Sailer of Items subject to the escrow. unless such misdaliwary it dile to
<br />willful breach at the provisions of tills Contract or gross negligence of Agent.
<br />R. ATTORNEY'S FEES; COSTS: In any litigation, Including breach, enforcement Or interpretation, arising out of Ibis Contract, the prevailing
<br />patty In such litigation, which, for purposes of this Standard. shall Includo Seller, Guyer and any brokers nallno In agency or nonagoncy
<br />relationships authorized by Chapter 475, F.S., as amended, shall he dnllllad to recover from Ilio n0n•prevalNno patty reasonable allurnoy's foe
<br />costs end expenses.
<br />S. FAILURE OF PERFORMANCE: If Buyer falls to perform this contract within the time specilled, including payment of all deposits, Iho
<br />daposlt(@)l paid by Buyer and dopoall{s} agreed 10 be paid, may be fe Caverod and rotained by and for the account of Sailor as agreed upon
<br />liquidated damage@, considarnfton for the erlecullon of [his Contract and In full settlement of any claims; whereupon, Buyer and Seller shall he
<br />relieved of all obligations under this ConTraclt or Seller, at Seller's option, may proceed In equity to enfomp. Sailor's rights under Ibis Contract tf
<br />for any reason other than failure of Sailor to make Sailor's Tllle mmkelable after diligent 01100. SOIlef fans, 010010CIS OF lafu&ea 10 partarnl Ihla
<br />Conlraul, Buyer may seek Spec Nlc performance or elect to rocalve tho return of Guyer's deposit(s) without thar01by waiving any action lot
<br />damage@ resulting from SoNer's brooch.
<br />T. CONTRACT NOT RECORDABLE, PERSONS BOUND; NOTICE: Neither this Contract nor any nellco of it shah be recorded In any Public
<br />records„ This Contract shall bind and Inura To The benefit of the parlios and their successors In lnluresl W honevor Iiia context parmtts. sthgolor
<br />shalt Include plural and one gander &hall Includo all. Notice given by or to the attorney for any party sh4ill be as effective as II given by Or to that
<br />party.
<br />U. CONVEYANCE: Sailor shall convoy lilts to the feat properly by statutory warranly, lrusion's, parsanal roprosontalive's of guardian's dead, at
<br />appropriate to the status of Seller, subject Only 10 mallets COnl OTnod In Paragfaph VII and IhosO alharwl50 accepted by Buyer Personal property
<br />shell, at The request or Buyer, be transferred by 0n absolula bill of sale with warranty of 11110, subject only Pa Much matters as may be alhefwlse
<br />provided for herein.
<br />V. OTHER AGREEMENTS. his prior or present agreements or (oprosontallons shall be btndlno upon Buyer or Sulfur unlOss Included in this
<br />Contract. No modification to or change In this Contract shall be valid or binding upun the pantos unloss in wrltipg and executed by the party ar
<br />parties Intended to be bound by II.
<br />W. WARRANTY: 'Seller warrants that there are no facto known to Seller materially affecting cite valor, of Iha Property which are not readily
<br />observable by Guyer at which have not bean disclosed to 0uyer.
<br />s uyer { ) I CiD& I and sailor (_ 6X< I( 1 acknowledge receipt of a Copy of this papa.
<br />FARIBAR-5 Rev. 6190 COPYRIGHT 499@ THE FLORIDA BAR AND THE FLORI0A ASSOCIATION OF REALTORSd4
<br />This form its irconaed (or train with Formulsst4au'v Forms Software by ISO Mr.Alllafar Publithing, Inc 600 ::+36.11027
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