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B. Conveyance : At closing , the SELLER will deliver to the BUYER a fully executed quitclaim deed
<br /> conveying the property and any improvements in "AS IS, WHERE IS CONDITION , " subject to a reservation in
<br /> favor of the Department of Agriculture , without right-of-entry, of an undivided three-fourths interest in phosphate,
<br /> minerals and metals and an undivided one-half interest in all petroleum pursuant to Section 270 . 11 , Florida
<br /> Statutes . The form of the Quitclaim Deed shall substantially comply with the form attached hereto as EXHIBIT
<br /> " B"; and
<br /> C. Expenses: The BUYER shall pay all costs of closing including , but not limited to , all costs incurred
<br /> through advertising and appraisal of the property, survey costs , documentary stamp tax on the deed , recording
<br /> fees , abstract or title insurance fees , or attorney's fees. The SELLER may require that the closing be processed
<br /> by and through a title insurance company officer, or other agent, designated by the SELLER, and in that event the
<br /> BUYER shall pay any costs charged by such company or agent for this closing service . If BUYER obtains a
<br /> survey, nothing contained therein shall affect the purchase price or terms of this contract. At the time of closing
<br /> the BUYER shall pay by wire transfer, Certified or Cashier's Check in the amount of Four Thousand , Five hundred
<br /> and Twenty Dollars and no cents ($4, 520 .00) to pay for costs which shall be calculated and itemized not less than
<br /> 3 working days prior to closing .
<br /> 5 . REAL ESTATE TAXES , EASEMENTS, RESTRICTIONS AND ENCUMBRANCES : The BUYER shall
<br /> pay all outstanding real estate taxes . The BUYER shall take title to the property subject to any special liens or
<br /> assessments , zoning and other governmental restrictions , plat restrictions and qualifications , public utility
<br /> easements , restrictive covenants and all other easements , restrictions , reservations or matters of record .
<br /> 6 . WETLANDS : Any wetlands on this property may be subject to the permitting requirements of the
<br /> Department of Environmental Protection or the water management district.
<br /> 7 . CONDITION OF THE PROPERTY: The BUYER acknowledges that he has inspected the premises , and
<br /> agrees to accept the property in "AS IS , WHERE IS CONDITION " . BUYER further acknowledges that he has
<br /> voluntarily chosen to use all improvements , including any fire towers , wells , or other conditions on the property
<br /> and assumes all risk without limitation from their continued use or presence on the property. The SELLER makes
<br /> no warranties or representations whatsoever as to the condition of the property, including all improvements , or the
<br /> merchantability of the property, or the fitness for any particular uses or purpose . The BUYER acknowledges that
<br /> the DACS has provided BUYER a copy of an Asbestos Survey and Lead -Based Paint Test for each structure on
<br /> the Property (" Premises') containing materials ("ACM") and lead-based paint ("LBP" ) , and acknowledges the
<br /> receipt of a Radon Test for all habitable structures . The Buyer hereby waives and releases the Department from
<br /> all claims, causes of actions and damages of any nature whatsoever, including attorney's fees and costs incurred
<br /> arising from or in connection with the condition , presence and future use of any improvements or conditions on
<br /> the property, and the presence of or subsequent removal of ACM , LBP and Radon Gas from the Premises . This
<br /> release shall be binding upon the heirs, successors and assigns of BUYER and shall be governed by and
<br /> construed in accordance with the laws of the State of Florida and shall survive closing . BUYER expressly agrees
<br /> to indemnify, defend and hold harmless the SELLER from any an all claims that may arise from the continued use
<br /> and presence of all improvements and conditions on the property.
<br /> 8 . RISK OF LOSS: In the event of any substantial damage to the property in excess of $25 , 000 . 00
<br /> between the date of this agreement and the date of closing , the SELLER shall have the option of restoring the
<br /> damaged Property to its condition immediately prior to the occurrence causing the damage , in which event,
<br /> BUYER shall complete the transaction as originally planned . If these repairs are not completed prior to closing
<br /> date , closing will be extended until such time as the repairs are completed . If the SELLER elects not to repair the
<br /> damaged property, the BUYER'S sole remedy shall be the right to rescind this contract by giving written notice to
<br /> the SELLER and to receive a refund of the earnest money deposit or, alternatively, to proceed to closing on the
<br /> Property, as damaged , without adjustment in the purchase price . In the event of any lesser damage , the parties
<br /> shall proceed to closing as though no damage has occurred .
<br /> 9 . DEFAULT: If the BUYER fails to perform any covenants of this agreement, the earnest money deposit
<br /> may be retained by the SELLER without waiving any action for damages resulting from BUYER'S default.
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