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<br />2W1 81. SPE DIAL ASSESSMENT LIENS: Cortlfled, confirmed and ratified SpOClpl assesa-1 lions as of dale at closing (not as of Effectiv6 Dale)
<br />-203 aro 10 be paid by Seller. Pending lions as of (into of closing %halt be assumed by Dwyer 11 rbo Improvmmont has boon subslanlially eompletad at
<br />204 a! tffaellvo Dale, any ponding lion shelf be Conlldatod corllflod, conflrmnd Or ralrfind and Sollnr 11,111, at closing, be charged an amount equal (0
<br />2-15 Ina 1811 osllmata or alaosamanl for the tmprovomont by the public body,
<br />200 M. INSPECTION, REPAIR AND MAINTENANCE: Sailor wnrrarlts that the tolling, roof jtnchldlnp lh0 fnscla end SOfllts) and azt6flor and
<br />207 lnlerlor walla, foundalton, seawalls lar "ulvalont) and dockage do not heva nny Vlsihla Evidence of look&, water damage at flruelurol damage
<br />208 and that the sOPIrc lank. pool, all appliances, mechanical Items, for log, Cooling. aPoclrical, plumbing systems and machinery are In Working
<br />209 Condition. The foregoing warranty shall be limited to ilia Items specified unless othorwlso Provided in an addendirm. Buyer may, at Buye)'s
<br />210 exponse, Have Inspections made of thaw Items within 20 days after the Effective Dale, by a firm or Individual specializing In hems inspections
<br />211 and holding art occupational license for such purpose (If required) or by An 0pproprininly licensed Florida contractor, and Buyer shall, prior
<br />212 to Buyal's occupancy, but not Moro than 20 days allot Effective Dula, report In w011n7 to Sollnr such Urns that do not meet the above standards
<br />213 ab 10 dOfScls, Unless Buyer Itmely reports such. dolocls. Buyer shall be dnemrid to h,nvn walvnd Seller's wn(ranllat as to def6ptl not reported,
<br />214 if repairs or r4PlaCCment3 ern required to comply with this Standnrd. Sollnr 'loll ""So Ihnm to he made and shall pay LIP 10 the amOunl
<br />215 provldoa in PAtograph %ill (ir). Salter 1s not inquired to mpko topalrs or rnplacemnnls nr t CnmmonC Condition Valois cousad by a dolocl Sailer
<br />216 Ia fespon511340 to (Cool, or (*place. if the cost for much repair at replacement oxcnmdl the amount Provided in Par:rpreph Xlrl jb), Buyer and Sailer
<br />2t7 may elect to pay such excess, falling which either frafly may cancel this Cnnlracl. If Sauer Is unable to cpriect Ihn defects prior to closing., the
<br />218 cost thereof Shalt be Palo into escrow at closing. Seller shall, upon reasonable notion, pnrvldo wutllos Sorwioo and access 10 the Property to,
<br />219 Inspocilons. Including a walk-through prior 10 Closing, to confirm that all Items At pnrnnnal property firm on the real properly and, subject to the
<br />220 foregoing, that ell r*quhad remelts and replacements have boon made and that Ihn Property, InCludrng, but not llmrtod to, lawn, shrubbstry end pool,
<br />221 it Any, has boon maintained In the Condition existing as of Effective Dale, ordtnaty wenn end Icor n1Coplad. For purposes of Ibis Contract: (a)
<br />222 'Working Condition' Meana operelPng In the manner In which the from was dosl{Fned In ap*rale: fb) 'Cosmetic Cendlllon' means aaslhatic
<br />223 lmparfaclions that do not affect the working Conditlon of ilia them, Including, but mol "I"d 10 PFnnd mVeRO: missing Or torn sCfedns; fogged
<br />224 windows; tears, worn spots, at dlscolaeollon of floor coverings, wallpaper, 0r window lire Alments; nam holes, scralches, deals, serepal, chips or
<br />225 CnVlking In calling], walls, (Footings, flxluros, or mlrrore; and minor cracks in Henri, lune, wlnd0w5, drlvawnys, sidewalks, or pool decks; sod (c)
<br />226 Cracked roof 11156, Curling of worn shingias, or limited roof Ilia shall not an considered dnfecl5 Seller must repair or replace, sa long as there li no
<br />277 evidence of actual looks of leakage or atructruol domago, but missing lugs wrr be Seuor's respon%lbrflly la rn ploco or repair,
<br />224 O.. RISK OF' LOSS; If the Property Is 418101106d by fire or ether Casually befora closing and coat of milotailon does not ascead 3% of the
<br />229 Ill sed valuation of the Pfoporty so damaged, nest Of restoration shall be nn Obligation ofSailor rind closing shall rocnad pursuant to the
<br />230 farm& of this Contract with restoration costs escrowed a1 Closing. If Iho cost of restoration nrcaods a% of Iho 1155e9346 valuellon of the
<br />231 Property so damaged. Buyer shall hove the option of either laking the Property as Is, togelhnr with either Ilia 30A Of any Insurance proceeds
<br />232 payable by virion of shr.h lose or demspe, or of cnn6nling this Coalract and r7•r. nP•:Inn. rc+ern no rhq ennor.1Q,).
<br />233 P. PROCE EDS OF SALE; CLOSIHU PROC:tBUSiE: Tile dead 4[,All to muu•d*4 r.pc,e clearerr:i sr lurid(_ it an adsrract of title has bean
<br />234 furnished, evidence of title shall be continued at Buyer's ekpensO to show title In Buyer, wilhout any oncumbrances or change which wourd rondar
<br />235 Sailer's idle unmark Olabla from the data of the last evidence. All closing proceeds shall b1, hold In escrow by Sailer's attorney or other mutually
<br />236 accoplable escrow agent for a period of not more than 5 days 31161' Closing onto. "Seller's 11110 IS rendored unmarkelabte, through no laud of
<br />237 Buyer, Buyer shnN., within tile 5 -day period, notify Sellar In wriling of the defect Ind Sailer sbnll h1ao 30 days from dais of facelpt of such
<br />238 notification to "to the defocL If Seller falls to timely Cuto the datOCL od dop0511(s) and Closing funds shall, upon written demand by Buyer mild
<br />239 within 5 days allar demand, be returned to Buyer and, slmullanoously wish such repaymnnl. Buyer shall return the personal property, vacate the
<br />240 real property and reconvey Iho Pfoporly to Sailor by special warranty trend and hill or sole, 91 Duynr (Alts 10 Maio timely demand for refund, Buyer
<br />241 shall tako Ilile am 13, waiving ell rights against Sailor as to any Intdlvaning defect except as may lin available 10 Buyer by virtue of warranties
<br />242 cdntolnod In the dead or bill of sale. If a portion of the purchase price Is IO be derived tram InSillvtlOnal flnencing or refinancing, roquiremeela
<br />243 Of the londing InsllWlion as to place, lime Of day and procedures for closing, and for disbursamenl of mortgage proceeds shell control over
<br />244 Carl prevlslon In this Contract. Sailer shall have Ilia Fight to roqulre from Ihn lending In5illutlon 3 written commllm.ent Thal It will not
<br />245 wllhhord disbursement of mortgage proceeds as a result of any title dialect Otfilhutahto In Puy- mortgaont, The escrow and Closing procedure
<br />240 required by Ills Slnnderd shall be waived If Ih6 irl a agent Inswas 1161US6 mn11nf1 put7ennl 10 S1,ctlnn e27,7A41. F.S„ as amanded,
<br />247 0. ESCROW: Any escrow agent ('Apnm') foddlving funds of Aqulval*nt Ps auThonrod and agrmns by occeplanee of them to deposll them
<br />244 promptly, hold name In escrow and, Subject to oloaronca, disburso them 1n accordance with Terms and conditions of this Contract. Failure of
<br />240 funds to clear shalt not ex CUSO Buyer's petformanap. If In dauhl as to Agent's dulPos Or Ilobllll Poe under Ilia pfovl5ions of this Conlrael, Agent
<br />250 may. at Agent's option, continue 10 hold the subject manar of the escrow until Inc panic& hereto ngrae to IIs dlsbursament or until 6 }udgamenl
<br />251 of n court of compotonl Prrlsdiellon sha11 d*tormhne the rights o1 the porllp6, of Ag6nh may do Pesll lama -tin the Clerk of the Circuit oaurl traaing
<br />252 Julls AlclfOn of The dispute, Upon notifying art parties concerned of such act€on, All linbdtty on ilia pati or Agnnl shall fully termrnalo, except 10
<br />253 Ilia extent Of accounting for any Items provlously dnNNoroa out 0f escrow. 11 a IfCOA&nd foal nstnto brokar, Agent w1I1 comply with provisions of
<br />254 Chapter 475, F.S., as amended, Any pull between Duybt and Sailer wherein Aa6nt it mado n pnrly hncnusn of acting as Agent hereunder,. or In any
<br />255 suit whorin Agent Inlerploada the Subject matter of The escrow, Agent shotl tecovor rcasannhla ntlornay's Imam and cost& oCU,tad with thew
<br />2543 amounts to be paid from find out of the escrowed funds Or equivalent and Charged and awnrood as Court coals In favor of the prevailing pally- The
<br />257 Anent shall not be liable to any party or parson for M154e11very 10 Buyer or Soltsr of cams suefnel fa the Miaow, nnla9s such mlydsllvery Is due to
<br />258 willful branch of the PfovlSIOns Of Ibis Contract or gross n"ligonce of Agent,
<br />259 R, ATTORNEY'S FEES; COSTS: In any litigation. Including broach, 6nrorcomont a1' In Gnf pre lotllon, ntlsing our of this COAlfaCI, the plewailhng
<br />240 party in such Ili ballon, which, for purposes of lhls Standard, shall Includo Seller, Buyer and nny brokors stung In agency or noeagency
<br />261 relationships aulherlaad by Chaplor 475, F..B.. as amended. shall bo onlillod In recover from the 1104.ptavallog Party reasonable altorrl4y's (acs,
<br />202 Coate end expanses.
<br />203 S. FAILURE OF PERFORMANCE; If Buyer fails Io perform this Contract wIlhin the time sp*clflerl, Including paymonf of all empo•Slts, Ihn
<br />264 depOsltl51 paid by Bayer and daposil(s) earned IO be paid, may be foCovarnd and r0,taln Od by and for the account of Sailer as agreed upan
<br />265 liquidated 41111110903. COnsideralran (fir the execution of this Contract and In fill[ settlement of Any claims; wllaraupod. Buyef and Seller shall be
<br />265 fallovad of all obugetlons under this Contract; or Seiler, at Saltar's optlon„ may p(Ocano to nqully to enforce Sailor's itghl5 under this Contract. if
<br />207 for any reason other then raittim of Sollnr in osnk0 Seller's Vile f°:aetel:.p7e altar 4.1!';t r, 3r;lr1, •1!ta• :alis, nn mucin u1' Wotu4 fa pnr:*rnr this
<br />266 Contratl, Buyer may sa0k specific pnrrofmaoce or Aloof to rec54ve tho return or Buynr'A dapoctl{s) w1111eu1 thatehy waiving any action for
<br />2451) damages raSUlllng from Seller's brooch.
<br />270 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; Neither this Cwracl nor any notion as II shall bC recorded In any public
<br />271 records. This Contract shall bind and Inure to the benefit of Ihn parties And their successors In Inleresl. Whenever the context permits, singular
<br />272 shall Includo plural rind one gander Shn11 Include all. Nallca giwnn by or 10 the altorhCy for nay party shall lin as effective as If glvan by Orin that
<br />273 party.
<br />274 U. CONVEYANCE: Sopor shall Convoy lillo to the real property by slatuloly wnfranly, truslne's, personal regret antallvo's at guardian's dead, as
<br />275 appropriate to the status of Seiler, subjoct only to moltafs eoninlnod In Pnrno(oph VIIAnd lhamn olh6fwisO nccnptod by Buyer. Personal properly
<br />276 shall, p1 the request of Buyer, be Iranstmeted by an abaolule bill of ante with wnrrnnly of illln, subjnCl only to such mollors as may be Olharwlso
<br />277 provided for heroin.
<br />278 V. OTHER AGREEMENTS: No prior Or present agfoa.monis or roprospnlollonm shall bo binding upon Buyer or Sailor unless Included in Ills
<br />274 Contract. NO modlNcellon to or change in this Contract shall be valid or bindlnp upon the parllns unless lin ((ping and executed by the party Or
<br />200 parties Intandod to be bound by It.
<br />281 W. WARRANTY: Sailer warrents Itfal Nlere are he foci. known to Seller maler9olly alfeclFeg lee valud e1 Ilia PrOpOrty which a(e not readily
<br />282 obs*rvablo by Buyef or which have not boo"Isctp6*d to Buyer.
<br />Buyer ( !'' }( I and Sellar { ��} I—) scknawtcoge rrcelPl 1,l a ropy of this pa0e.
<br />FARMAR-5 Rev. al0a COPYRIGHT 1998 THE FLORIDA BAR APIA THE FLORIDA ASSOCIATION OF Rl-:ALTORS6
<br />This form Is llaan"d for use with Formsslntns-n Forms Softwora by ISG McAllirlot Publhihing. Inc 000-330-1027
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