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40 (a) Closing Date: This transaction will be closed on 60 days after Inspection Period End (Closing Date), unless <br />41 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods <br />42 including, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended <br />43 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after <br />44 the insurance underwriting suspension is lifted. <br />45 (b) Location: Closing will take place in Indian River County, Florida. (If left blank, closing will take place in the <br />46 county where the property is located.) Closing may be conducted by mail or electronic means. <br />47 5. THIRD PARTY FINANCING: <br />48 BUYER'S OBLIGATION: On or before days (5 days if left blank) after Effective Date, Buyer will apply for third <br />49 party financing in an amount not to exceed % of the purchase price or $ with a fixed <br />50 interest rate not to exceed % per year with an initial variable interest rate not to exceed %, with points or <br />51 commitment or loan fees not to exceed % of the principal amount, for a term of years, and amortized <br />52 over years, with additional terms as follows: <br />53 Cash Purchase <br />54 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any <br />55 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left <br />56 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close <br />57 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage <br />58 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon <br />59 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable <br />60 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank) <br />61 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. <br />62 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. <br />63 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of <br />64 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 6 only): If Buyer <br />65 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and <br />66 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or <br />67 before the Closing Date without fault on Buyer's part. the Deposit(s) shall be returned to Buyer. whereupon both <br />68 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving <br />69 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use <br />70 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction <br />71 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms <br />72 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre - <br />73 approval letter nor a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. <br />74 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ❑x statutory warranty <br />75 deed ❑ special warranty deed ❑ other , free of liens, easements and <br />76 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, <br />77 restrictions and public utility easements of record; existing zoning and governmental regulations: and (list any other <br />78 matters to which title will be subject) <br />79 <br />80 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the <br />81 Property as <br />82 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent <br />83 and pay for the title search and closing services. Seller will, at (check one) ❑ Seller's ❑x Buyer's expense and <br />84 within 5 days after Effective Date or at least days before Closing Date deliver to Buyer (check one) <br />85 ❑ (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by <br />86 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase <br />87 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and <br />88 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑x (ii.) an <br />89 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. <br />90 Ho r, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed <br />Buyer ( ) and Seller (ly( ) acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. <br />CC -6 125 C2025 Florida Realtors" <br />Serial#: 0165 0175-5617551 ,`. i-r)r rn <br />;'Simplicity <br />