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t <br />401- <br />.:, <br />F-7 <br />2127 M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and falifiad specrolAssessment liens as of data 07 closing (not as of Erpaddva Dale) <br />203 era to ba paid by Seiler. Pending Hans as of date of closing short be alavmed by Buys. It the Improvement hem been lu6llan;lalty comprated as <br />204 01 f fleellve Dale, any pending lian shall be considered urli}rad. Confirmed or fatihed and Seller %hail, at dlasing, ba charged an amounl equal I6 <br />205 the fast efllmolo or aasaesawni for the Improvement by the public body. <br />206 N. INSPE CT ION, REPAIR AND MAINTENANCE: Seller warrants Ihal the ceding, roof (including the fascia and soffits) and a, ratio( and <br />207 Interior .8112, foundalion. seawalls (Of a'quivalenl) and dockage do nor ban any Visible Evidence at leaks, .alar damage OF slruelural damage <br />760 and the] the Septic tank, pool, all appliances, mechanical linml, healing, coohng, electrical, plumbing systems and machmtry ape in Working <br />200 Condition. The foregoing warranty shall be limited 10 the items specified unless alhomiss provided in an addendurn. Buyer may, at buys#,$ <br />210 expense, have inspections made of thote items within 20 days after the Effective Data, by a firm or individual specializing in home inspections <br />211 and holding an eccupatmonal license for such purpose (if faquirpd) or by an approprialely licensed Florida conlraclor, and Buyer shall, prior <br />222 10 Buyll's Occupancy, but not mora than 20 days. after Effecliva Dalt. report in writing to Seller such ilemt that do nor maul the above standards <br />213 as to defecls. Unless buyer timely reports. Such defects, Buyer shall be deemed to have waived Seller's warranlipm as to detects not repotted. <br />214 If Ferreira or replacements are ro vood la comply with this Standard. Seller shall cause them la be mads, and shall pay up to the amount <br />2f5 provided In Paragraph )UU(b). Seller 4% nor required to snake repairs 6r re,dracementp of a Cosmetic Conditionunless caused by a delver Seller <br />216 is responsible to repair or reprice. If the cost tot such repair or roplacemenl ercaeds the amount provided in Paragraph )CIIF)b), Buyer ane Saner <br />217 may s,leC1 t0 pay such excess, failing which either party may Centel this Contract. if Sailor Is unable to correct the dotes is prior I0 CIO21M1g, the <br />218 COs! thereof !hall be paid Into escrow al Closing. Seller shall, upon reasonable notice, provide utrtilieS service and access to the Properly for <br />219 insperetlons, including a walk-through prior to atoning, to confirm that all Hems of personal property are on the real properly and, subject to the <br />220 foregoing, Ihat all requited repalro end reprmctlnants have been made and that she Property, intruding, but nor timllod Io. lawn, shrubbery and perel, <br />221 if any, list been mainlalned rn the condition valSting 01 Of E IfeCl've Osta. Ordinary wear and rose axcepred- For purposes of this Contract. (a) <br />222 "Working Condition" means operating in the rmanner in which the item was desrgnad to of la; (b) 'CoSmoue: CandHron' mmpns aeslhorm <br />223 Imperfections trial do not street the working condition of the item, including, but nor limned to: Anted -Arctic. missing or toe" screens, ragged <br />226 windows. 'call. worn spots, or discoloration of floor Cuvenngs. wallpaper, or window treatments; Fart holes, scratches, dents, actaptrs, ships or <br />225 caulking in COrling2, walls. Footings, fixtures, or mirrors; and minor cracks in Iloors, lite&, windows, driveways. mldewalks, at pool decks, and ret <br />226 Cracked real Tiles, curling or worn shingles, or trmiled roof diet shall not be Considered deloels Salley must repair or raploce, so long as there is no <br />227 evidence or actual Peaks or leakage or siruclrual damage, but mrtsing tiles will be Seller's responsibility to replace or repair. <br />228 O. RISS( OF LOSS: If the Property is damaged by lire Or other casually boron closing and cost of restoration does nor exceed 3% a1 the <br />229 assessed valuation at the Property So damaged. cost of resioralion shall be an obligallon of Sailer and closing shall pfacsad Oufauant 16 the <br />230 terms of this contract with rtslofalion Costs escrowed 401 Closing. If the cost of raslwarion aaceeds 3% of the assessed valustlan of the <br />231 Properly so damaged. Buyer shall have the option of either taking the Properly at is, together with either the 3% or any msutsnce proceeds <br />232 payable by vIMUC of such toss or damage, or of canceling [his Contract and receeing return or the deposit(%). <br />233 A, PROCEEDS OF SALE: CL031NG PROCEDURE: The deed shall be recorded upon clearance or funds. If an abslracl of tilt# hat. been <br />234 lurh4a had, evidenca of HIPt than be conrinued At Buyer's expense to show tlHe in Buyer, without any enCumpraFeet or changa which would render <br />235 Sutler's ]11111 unnblrkelable From the dote of the fast evidence All closing prCCEe03 Shill be hood in escrow by Seller's attorney or other rnulua-ly <br />236 acceptable escrow agent For a period of not morn than 5 days after clattery dale II Seller's title is rendered unnuirksia.ble, through o fault or <br />237 Buyer, Buyer shall, within the 5 -day period, nolily Seller In writing OF the defter and Seller shall have 30 days from date of receipt of such <br />236 notification to cure The dsrtcl, it Sailor 18111 to timely cure the d614CA. aft de POtRls) and closing funds &hall, upon written demand ay Buyer and <br />230 wllhln 5 days after damand, be returned to Buyer and, slmulianeausry with such repayment, Buyer shall return the personal ptOparty, "Cate the <br />240 real properly and reconvey Iris Property Io Seller by special warranty doed and bill at sats. If Buyef Fails 10 make Booty demand tot refund. Buyer <br />242 shall take title so is, waning all tight& ags Mat Seller its to any inlet nrno defect except as may be available to Buyer cry drtuc of warranties <br />242 contained In the deed or Wit of seta, 11 a portion of rho Purchase price is Io till 4eriVId from inslilurions financing or rarin me, I ffiqulesmenls <br />243 of the lending InstBulion as to place, time of day and pros Odurea for closing, and for disbursement Of mortgage pros*n shall tomegp aver <br />244 conlrary provision in this COotrser. Seller shall have the tight to require from the lending Institution a written cam ads <br />s nl that N will Fel <br />245 withhold ellsbursOmenl at rwrtgage proceeds as a teauH or any titre defect ■tlnbulabre to Buyer marigag Or. The et Crow and Nosing procedure <br />use <br />246 required by this Standard !hall to waived it the title agent Insure& mdveefa matters pursuant to Section 627.7841, t".5,. a2 amend ad. <br />247 O. ESCROW: Any escrow agent (*Agent') receiving funds Of Sil lenl is authorised and Agrees by ACCOPIAnee of them to deposit Inam <br />246 promptly, hold same in escrow and, eublecl to clearance, d'abursA Itrtm In ACCOrdanee with terms and conditions of this Contracl Failure of <br />249 funds to clear shall flat excuse Buyer'& performance. If In doubt as to Agent'& duties or liabilities undat the provisions of Ihrt Conrrael, Again <br />236 my. al Agent's option, continue to hall the subJecl matter of the escrow soul rho parties h6r6lo agree to its disbursement ar until a judgement <br />251 of a Court of COmpefenl jurrsdiCtion Shall detaferr'no the rights of the parties, of Agent may dOP0111 tango with the clerk 01 Ibis circuit court hiving <br />252 Jurisdiction or the dispute Upon notifying all parties concerned or such acrwn, all liabrhly on she part or Agent shall dully Winners. except to <br />259 she eAteni or aCcounling for any ilema previously denvefed oul of escrow. If 4licensed real estate broker. Agent will cnmpry with provisions or <br />254 Chapter 475, F.S.„ as smvndad. Any suit halation Buyer and Seller wherein Agent Is risers ■ party because Of SCIPng as Agent hereunds,r.or in any <br />255 Suit whistler Agent Interpleads the subidet matter of the as Grow, Agent shall fecovaf raasonabfe attorney'& fee@ and costs incurred with thes■ <br />256 aniaU7iia to be paid from mod alit of the escrowed funds 6r equivalent and charged and awarded 81 court calls In favor of the prevailing patty, The <br />257 Aganl shall not be liable to any party of person for msereUvery la Buyer or Sevier os, Hams 4ubjecl to the Oscrow, unless such "14erivery Is duo to <br />250 willful breach of the provisions of this Conifect or gross negligence of Agony. <br />250 R. ATTORNE Y'S FE E3; COSTS: in any Iitfgation. Including breach, anrnrcamsni. or iAtvtpferatlOn, arising Out of this Contract, the prevailing <br />260 Party In Such rltiO400n, which, rot purposes Of this Slandard, shall inctudo Seiler. Buyer and any brokers &cling in agency Or nonagency <br />261 relationshipsautharixed by Chapter 475, F.S., 06 amended, shall be entillad to recovnf from the non-pro"Illerg party raeeonase arlornty's fees., <br />762 costs and expenses. <br />2e3 S. FAILURE OF PERFORMANCE: If Duyer falls IO perform this COnitecl within the time specified„ including psymanl of all oepcsils, the <br />264 40POe111e) paid by Buyer end depositfs) agreed to be peld, may be recovered 46d renamed by and for the account at Seller as agreed upon <br />265 liquidated damages, consideration jar the oxecullon of this Contract and in Full laluament of any claim&; wheroupon. Buyer and Seller shall be <br />266 relieved Of all Obligations under this Contract; Or Sager, at Seller's option, poppy proceed in #quity, to enforce Seller'$ rights under thio Contract IF <br />267 got Any fsolon other then failure of Sailer to maks Sa11er's title pnaraerab'e oiler diligent Orlon. Similar fall&, neglscis Or refuses to perform ISIS <br />288 Contract, Buyer may seek Specific parrormance or elect to receive the return of Buyseg deposills) without thereby waiving any action for <br />269 damages resulting team Sell#(°@ breach. <br />270 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice or it shah be recorded In any public <br />271 records. This COnlracl shalf bind and Inure to the benefit of lot pseliae antl their Successor$ In interest. Whenever the context permits. Ongutor <br />272 that@ Inctuela plural and one gender Shall include all. Notice given by or t6 the attorney for any party &hail be as erfactive as it �iren I <br />273 party. pby 6l to hal <br />274 U. CONVEYANCE: Seller Shall convey Ulie to the real property by a.latulory warranty, trustee'$. personal representative,* Of gusdiaey dead, a% <br />275 appropriate 10 the status of Sailer, Subject only to mailers contained in Paragraph Vll and those olhomise accepted by Buyer. parinma property <br />276 Shall, At it's request Of Buyaf. be transferred by an absolute bill of sale with warranty or title, subject only to such nurrere as may lea alhenrgv <br />217 provided for heroin, <br />278 V.QTHER AGREEMENTS: No prior Or present ■greaments or representations &hast be binding upon Buyer or Seller unless included in this <br />279 Contract. No modification to or change to This Contract Shall be valid or binding upon the part1e2 unless in willing and executed by the party Or <br />280 perlles lntanded lobe bound by II. <br />261 W. WARRANTY: Sellar worriers that there are no Facts known 10 yeller nutlerISUy Afl OcUng the value Of the Property which Ale "I readdy <br />262 observable by Buyer Or which bare nor been disclosed to Buyer. <br />a Yyer l_.... i (. - Alm� t and SNIe (. ! 1—# 1 scknowledpe C.Colpt of 2copy of this page. <br />FARfBAR-5 Rev. stile COPYRIGHT logo THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF RE ALTORS6, <br />This form is licensed tot use wish Faemm&Tatable Forms Software by ISG McAllister Publishing fnc BOO -336.1027 <br />