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40 <br />202 W SPECIAL ASSE SSMEN T LIENS: Cerlrlfed. Confirmed and ratified special al s a s%Mani Ileus al al dale of CIO smg loot a4 of Elloctive Dale <br />263 ore 10 be Paid by Seller Poor lug liens at of dela at Closing &hail be assumed by Buyer. It the Improvement has been subslanlla Plycompleted as <br />204 OI EIFe CIIve Date, any pending lion shelf to COn414ered COrllflod, Confirmed 0r ratified and Seller shill, At closing, he charged an amount actual to <br />265 the tall estimate Of assessment for The improramanl by the public body. <br />266 H. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that the telllnq, roof (kneiudrnq the fascia and stfl-ls) and Cxte(I0r and <br />267 InIerlOf wells. foundation, seawalls (or equlvalenlj and dockage do not have any Visible Evidence at leaks, waler damage Of itf Uctural damage <br />249 and that the ;oillie lank, pool, all appliance" mechanical items, heating, coiling, at4dtfkal, plumbmq systems and machinery are In Working <br />260 Condition The faregtlihq warranty shall be l <br />2tp ea pons e, have inspections made 4t those llamimited to the Items speelrVed Unit"Piherwr%e Provided In an addendum Buyer may, At Buyer'% <br />a within 24 days 01Itr Ilia EITOctive Dal o, by a firm or ondivrouaI sPecialiting In home Inspect tons <br />211 and holding an oetupott"Al license For such purpose (it raquir@d) or by an approprlalety I,Cen&ed Florida contractor, and Buyer shall pear <br />212 to Buyer's occupancy, but not more then 74 days after Effeelltie Dale, ftpOrl in writing 10 Seller such �Itm; that do not meet the above Standards <br />2+3 as to delacls. unless Buyer limely reports such defects, Buyer shall be deemed to have waived Seller's warearlhes as to defects tool reported <br />214 If repair; Or replacements are required to compry wilh this Standard. Seller shall Causa Them 10 be made and shall pay up 10 Iha amount <br />2'!5 provided fn Paragraph XIII(b). Seller is not requi'ed 10 male (OPatrs of reptacemenls of a Cosmetic Condition infass caused by a defect S0 ,or <br />2re is fasponsible la repair Or replace. If the Cost for such repair or replacement erCetds the amount prow+dei +n paragraph XIII(b), Buyer and S0rtar <br />211 may 0180 TO pay such excel], failing which eftho" party may cancel this Contract. If $0110115 unable la correct Its defects prior to closing, the <br />218 Cost thereof shall be paid into escrow at closing Seller shall, upon raesonaWt nonce, provide ubnliee service and access l0 lhle Properly for <br />219 inspection%, Including a walk•ffirough prior IO Clos,ng, Io confirm that all items of personal prooeriy are an The reel property and. Sub)ecl to the <br />220 foregoing, that all (squired repairs and replacements have been mads and that the Properly. Including, but not limited to. lawn, shrubbery and paot, <br />221 If any, hall been malnialned In the condllion exlerfng as Of Effective Dale, ordinary wear and tear O'Cepted For purposes of lots Contract. (a) <br />222 'Working Condition' means oparaling In the manner In which Iht Item was designed Io Operate, (a) `Cosmetic Can JIIPOn' means seelhel+c <br />223 Imp0.116clions that do not affect the working cohdkion of the Item,. including, bul not Itmiltd ro Pitted marcrie, Missing or loon screens, ragged <br />224 wlndows; Teat$,. worn spots, Or discolora lion Of float cavetin95, wallpaper, or window bailments, nail holes, scratches, dams, !Crapes, chips or <br />226 caulking in ceilings, walls, floorings, flxiufe%, or mrrols, and minor cracks In floors, Ines, windows, driveways, 1140walk S, or pool docks: and (c) <br />2�E Cracked roof 1-105, curling or worn shingles. Or hm,'sd root life shall not he consideaed defects Seller Must repair Of replace, sa long as th@fa Is no <br />2. avidente of actual leaks of leakage or S1ruclrual , -age. but missing liles will be Seller's to SponSrbrb:y to replace or repair. <br />238 O.RISfk OF LOSS: if the Property is damaged br fire Or other casualty barer* closing and cost of restoration does not excaed 3% of the <br />229 assessed valuationof the Property 60 damaged, Coll of restoration shall be an abllgallon Of Seiler and closing shall proceed pursuant to the <br />236 terms of this Contract with restofallon COS Is escrowed at closing. II the cast of restoration efaeeds 3% Of the assessed valuation of the <br />231 Properly 20 damaged, Buyer Shall have the option of either taking the Properly as is, logather with either the 3% or any insurance proceeds <br />23Z payable by vrrlut of such loss of damage, or Of canc@Itng this Contract and receiving return of the deposits) <br />233 P, PROCEEDS OF SALE; C1,OSINO PROCEDURE: The deed &hail be recorded upon clearance of funds If an abslracl Of title has been <br />231 furnished, evldence of IMF, shall be continued at Bu.Or's expense to show title in Beyer, without any a„cumbranceS Or Changs when would render <br />Seita is t+110 unmarketable from The date or me was• er•deryce All closing 010Ceeds shall be telid.n escrow by Seller's attorney or other muluato <br />235 acceplabio escrow agent for a period of not more Flan 5 days after closing dale rf Seller's title IS rendered unmark Olable, through no Paull or <br />237 Buyer, BUyef shall, within the 5 -day period, noHly Seller In wriling of the defect and Sailer shall have 30 days from date at receipt of such <br />236 notification to cure the defecl. It Seller fail$ to timely Cute the defect, all dsposil(6) and closing funds shall, upon wrillen demand by Buyer and <br />239 within 5 days after demand, be relurned to Buyer and, slmuhaneousiy w'.ilh such repayment, Buyer shall raturn the personal property, vaoait file <br />24[ real properly' and reconvay the Property to Seller by special warranty dead and bili of sofa. It Buyer fails In make limery demand for refund. Buyer <br />,a1 shall fake Illle as 1e, waiving alt rigttls against Sellar as la any Inlervenlng defect axCepl as may be ayaflabte t0 Buyer by virtue of warranties <br />Z42 contained In the deed at bill of sale. If a portion of the Purchase price is to be derived Prom InsOlutrnnaT financing Or refinancing, raqulremenls <br />243 of the lending l"Illution as to place, time of day and procedures for closing, and for disbursement Of mortgage proceeds shall control over <br />244 Contrary Plevislon In this Conlroci. Seiler shall nave the right to rmgLTlfa from the landing institution a wnllan commitment that II will not <br />24! withhold d+sbursomonl of mOrIO0ge proceeds as a re;vlt Of any tNFe defect aftNbutabla 10 Buyer rnOrlgagor The OSCrow and closing peoced Ute <br />24E required by Ibis Slandb(d shall he waived if rho title agent insures adverse matters pursuant to Secilon 627 7641, F.S., as amended <br />24' Q. ESCROW; Any escrow agent ('Agent'} recefnng funds or equivalent is authorized and agrees by acceplanca Of Ihem !O deposit them <br />246 promptly. hold same in escrow and. 5ubrect to clearance, disburse them in accordance with Items and conditions of this Contract Faifure of <br />249 funds to clear shall not eiicuse Buyer's performance 11 In doubt as to Agent's duties Cc liahilil,es under the pr0rif tone Of this Contract. Ag"T <br />250 may, at Agenl's option, continua to hold the subject matter of the escrow until the parlips herbto agree to de, disbursement or until a Fudgemenl <br />251 of A court Of Competent Jurisdiction shall delermine the rights Or the parties. of Agent may deposil same with Ins creek of the circuit court having <br />252 Purls l-cllpn of The dispole Upon nolilyfnq art gaff -e6 cOncernad OF such action. all Ira Orlfry on the part of Agent shall fully lermmate, e.caps to <br />253 the etlent o1 accounting For any ilems Previously delivered Out of escrow It a lhCansed real estate broke'. Agent will comply wlTn plod%+Ons OI <br />254 Chapter 475, F S.,. as amended. Any suit between Buyer and Serler wherein Agent is made a party because OI acting as Agent neraundar, or ,n any <br />255 suit whefin Agent inlerpleads the Subjact matter of The escrow, Agent shall recover reasonable aborney's feel and calls Incurred with these <br />256 amounts fo be paid from and out of like escrowed fund, or equivalent and charged and awarded as court Coals in favor of The prevaling party The <br />257 Agent shall not be liable to any party or person for dadallvery to Buyer or Stirar of items subjecl t0 chs escrow, unions such misdelivery Is duo to <br />259 willful breach of the provisions of 1415 Contract 01 gross negligence or Agent. <br />259 R. ATTORNEY'S FEES; COSTS: In any litigation Iottuding breech, enfOFCemenl or Inierprtialicn, arising our of this ConitaCt. the pro".1 ng <br />266 party in such uligalton, which, for purpos all Of IFIM Slandafd, shall include Seller, Buyer and any brokers acting in agency or nonagency <br />261 relationships authorized by Chapter 475, F S , as Amended, shall be anblled 10 recover from The non.presa,r,nq party reasonable ali0rney's Ines <br />costs and expenses <br />S. FAILURE OF PERFORMANCE: If Buyer fairs to perform this Canrrscl .venin the t,mt s:ecd,eq. n t,d,nq paymenr of all deposits Ins <br />Seposnls) paid by Buyer and de POSll(s) agreed to be paid, may bt recovered and retained be and for the account of Seutr as agreed upon <br />hav,daled damages, COnsldelation for the exeeut10n 01 This Contratt and In lull sertlememl ora era” --s ,. hereupan auyee and Selig, shall 0e <br />all Otfrga"On3 undel this Cantracl, Or St of at Sonar's option, may proceed ih eq' !- : Cnina Selo -'f r,ghtd under ilii; Contract If <br />Ior any reason other than }allure of Sellar la make Stller'l Illre markelebfe all" diligent ter ! aUhtr ia.is neglecos or Fa(u Se$ to Dario— Ihf} <br />31! Contract. Buyer may seek specific perrOrmance or elect to facelve the return at Buyer's aeposfalsr —thoul Iheraby w41Ning any ac410n for <br />259 damagts was ulbng from Seller's artach <br />270 T. CONTRACT NOT RECORDABLE;. PERSONS BOUND; NOTICE: Neither Ihts Cantracl nor any notice of fl 504ll be recorded in any public <br />271 Pec Ords. This Contract shall bind Ono Inure to the bsnefil Of tae W1161 and their euCCe250rs In interest Whenever the context permit$, singular <br />272 8"11 include plural and one gender shall Include all Notice given by or td the attorney For any party 0411 ba as Offacllve as 11 given by or to that <br />377 party <br />274 U. CONVEYANCE t Seller shalt Canvey Ill is to Iha coal properly by el alutofy warranty, trustee's. personal repres and at lve's Or guardian's Teed, as <br />27; ay PrOPNate to the stales of Salle r, subject only to Pall ata tont alned vin Paragraph V Il arid those other" Ise accepted by Buyer Personal proper! y <br />275 shall, at the request of Buya(, bo transferred by ar absolute bill of sale with warranly a1 Jill@. Subject Only Io such matters as may be other"1se <br />27: provided For nereire <br />21a V. OTHER AGREEMENTS: No pilot at pro6enlagreamenls or rap resent liens shall bit binding upon Buyer ar Seiref unless rnCIUd&d In Ilii$ <br />2711 Contract. No modNleallon to or change in This Comoacl shall be vas lit or binding upon the parties untea, +n willing and axacuted by the party or <br />280 parties intended to be bound by R. <br />281 W. WARRANTY: Seller warrants that l.hert ata no 14[31 known to Seller m iler'raily alPol ins the value nT Ili@ Propefly whish are nor readily <br />282 observable by Buyer of which have not been disclosed 10 Buyer. <br />A+ J •7 <br />Buysf (_51&A I I C -l-"- ) and Sell,, acknowledge r...lot of a cagy ll <br />of Is pilot. <br />FATr'9AR•6 Rev 81011 COPYRIG14T 1900 THE FLOAPDA BAR FMO THP FLORIDA 455OOPATIQ1if OF REALFOASS <br />Th,ik Is— Ia l�hsed For utre vwth Faae'imiaT®ttlre FcF— S SOftvafe by ISG McAmeter PUbl,shing, Inc eZ03"+6 T327 <br />