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2014-046A
This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 215` St., Suite C Vero Beach, Florida 32960 ACLT File Number: 44080735 Parcel ID Number: 33-39-04-00010-0000-00010/0 3120140023852 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 2754 PG: 282 Page 1 of 2 4/28/2014 1042 AM D DOCTAX PD $1,610 00 iticrlifif c� y 1/44 / GENERAL WARRANTY DEED This deed, made as of this 23rd day of April, 2014, by Barbara E. Mathis Habora and Henry R. Habora II, her husband (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose postoffice address is: 1801 27th St, Vero Beach, FL 32960 (as Grantee); (Wherever used herein, the terns grantor" and "grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities, wherever the context so admits or requires.) WITNESSETH: That the grantor, for and in consideration of the sum of $10 00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: Lots 10, 11, 14, 15 and 16, Pinewood Subdivision, according to the Plat thereof, recorded in Plat Book 2, Page(s) 89, of the Public Records of Indian River County, Florida; LESS AND EXCEPT the Easterly 15 feet of Lots 10 and 11, conveyed to the State of Florida by deed recorded in Official Records Book 319, Page 431; and also LESS AND EXCEPT the West 5 feet of the East 20 feet of the North 35 feet of Lot 10 and the West 5 feet of the East 20 feet of the South 40 feet of Lot 11, conveyed to Indian River County by deed recorded in Official Records Book 1254, Page 1146; and also LESS AND EXCEPT the North 25 feet of Lot 16, conveyed to Indian River County by deed recorded in Official Records Book 1282, Page 2371, all of the Public Records of Indian River County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple, that grantor has ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency good right and lawful authority to sell and convey said land, that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same) IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of s A < l Grantor's Address: 7d'33em-- g37'`r 1 //et g -P 4 State of FLORIDA County of INDIAN RIVER Barbara E. Mathis Habora The foregoing instrument was acknowledged before me the date hereinafter given, by Barbara E. Mathis Habora and Henry R. Habora II; who was/were either erson mown to me; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 23rd day of April, 2014. Type of identification provided (Check One): 1 1 Driver's License [ ] Passport [ ] Government (State or Federal) ID Card [ ] Resident Alien ID Card [ ] Other Notary Public •��Piir pU�,� JASON A. BEAL Notary Public - State of Florida • = My Comm. Expires Oct 11, 2016 Commission # EE 836130 "r Banded Through National Notary Assn. ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 9 i WESTCOR i' Land Title Insurance Company OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY POLICY NO. OP-25-FL1394-3655556 Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a California corporation (the "Company") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of 1. Title being vested other than as stated in Schedule A 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation, (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE In Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signa- tory of the Company Issued By. FL 1394 * 44080735 Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, FL 32960 WESTCOR LAND TITLE INSURANCE COMPANY OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC-Edition 1/26/11) Page 1 1' 11 fi it 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land, (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land, or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws. or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1 (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulat- ing, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land, (ii) the character, dimensions, or location of any improve- ment erected on the Land, (iii) the subdivision of land, or (iv) environmental protection, or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5 (b)Any governmental police power This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6 2 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Re- cords at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sus- tained if the Insured Claimant had paid value for the Title. 4 Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5 Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean (a) "Amount of Insurance" The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy" The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity (d) "Insured" The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured •by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization, (C) successors to an Insured by its conversion to another kind of Entity, (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured are both wholly- owned by the sane person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An insured claiming loss or damage. (0 "Knowledge" or `Known". Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g)"Land" The land described in Schedule A, and affixed improve- ments that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu- rity instrument, including one evidenced by electronic means authorized bylaw (i) "Public Records" Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title" The estate or interest described in Schedule A. (k) `Unmarketable Title" Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason ofwar- ranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Tide, as insured, and that plight cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option. require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state. to the extent possible, the basis of calculating the amount of the loss or damage 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page 3 CONDITIONS other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce Toss or damage to the Insured. The Company may take any appropri- ate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals. the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- tive of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control ofa third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case ofa claim under this policy. the Company shall have the following additional options. (a) To Pay or Tender Payment of the Amount of Insurance. To pay - CONTINUED or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. in addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary Toss or damage sustained or incurred by the Insured Claimant who has suffered Toss or damage by reason of matters insured against by this policy (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy (b) Utile Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and•(b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack ofa right of ac- cess to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page 4 (b) In the event of any litigation, including litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination by a court of competent jurisdiction, and disposition of all appeals. adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in set- tling any claim or suit without the prior written consent of the Company 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE TheAmount of Insurance shall be reduced by any amount the Com- pany pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property. to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties. other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- ters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law (b) Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 875 Concourse Parkway South, Suite 200, Maitland, FL 32751 OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 1/26/11) Page 5 ��kv^,-..�-...,,;..rx::a...•..�•-w'x;:.:::��'�xx:�c;�x;-,�:_cum-•...�...^..,..::�.:::.:v::x•.:::::a:a:.:_x_•:arx:T OWNER'S POLICY OF TITLE INSURANCE (With Florida Modifications) 6 WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone: (407) 629-5842 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy Note• This policy consists of insert pages labeled "Schedule A" and "Schedule B" and is of no force or effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. SCHEDULE A Agent's File No: 44080735 Policy No: OP-25-FL1394-3655556 Effective Date: April 28, 2014 at 10:42 AM Amount of Insurance: $ 230,000.00 Address: 1835 43rd Ave., Vero Beach, FL 1. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is: Indian River County, a political subdivision of the State of Florida 2. In addition to those referred to in Schedule B hereof, the land herein described is encumbered by the following mortgage(s), and assignments thereof (if any): None! 3. The land referred to in this policy is situated in the County of Indian River , State of Florida, and is described as follows: Lots 10, 11,14,15 and 16, Pinewood Subdivision, according to the Plat thereof, recorded in Plat Book 2, Page(s) 89, of the Public Records of Indian River County, Florida, less and except the Easterly 15 feet of Lots 10 and 11, conveyed to the State of Florida by deed recorded in Official Records Book 319, Page 431 and also less and except the West 5 feet of the East 20 feet of the North 35 feet of Lot 10 and the West 5 feet of the East 20 feet of the South 40 feet of Lot 11, conveyed to Indian River County by deed recorded in Official Records Book 1254, Page 1146, and also less and except the North 25 feet of Lot 16, conveyed Poll' - Policy Insert Page 1 1 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy to Indian River County by deed recorded in Official Records Book 1282, Page 2371, all of the Public Records of Indian River County, Florida. Countersigned. Authorized SV atory ATLANTIC COASTAL LAND TITLE COMPANY, LLC 855 215` St., Suite C, Vero Beach, Florida 32960 Telephone: 772-569-4364 Poll - Policy Insert Page 2 • WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy Agent's File No: 44080735 Policy No: OP-25-FL1394-3655556 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: 1. (a) Any encroachment, encumbrance, violation, variation, or adverse circumstances affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land of the existing improvements located on adjoining land. (b) Easements, or claims of easements, not shown by the public records. (c) If the land described herein abuts a river, lake, stream or other waterway --- the nature and extent of riparian and/or littoral rights, title to any portion of the land which is submerged, title to any portion below the mean high water mark of a tidal waterway, and title to any portion which consists of "filled-in lands"; and/or any claim that any portion of said lands are sovereign lands of the State of Florida. (d) Taxes or special assessments which are not shown as existing liens by the public records. SPECIAL EXCEPTIONS: 2. The mortgage referred to in item 2 of Schedule A hereof, if any. 3. General and special real property taxes and assessments for tax year 2014 and subsequent years. 4. Restrictions, reservations, setbacks and easements, if any, as indicated and/or shown on that certain Plat recorded in Plat Book 2, at Page(s) 89, of the Public Records of Indian River County, Florida. 5. Declaration of Unity of Title recorded in Official Records Book 965, Page 2773, of the Public Records of Indian River County, Florida. 6. Declaration of Unity of Title recorded in Official Records Book 767, Page 199, of the Public Records of Indian River County, Florida. Poll - Policy Insert Page 3 1 1 WESTCOR LAND TITLE INSURANCE COMPANY Owner's Title Insurance Policy In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to herein, which indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, are hereby deleted. Note 1: This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land insured hereby under any provision of the Florida Statutes including Section 159 17; and/or any county, municipal, or special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes. Note 2: All references herein to recorded instruments, refer to recordations contained within the Public Records of the county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument referred to. Poll - Policy insert Page 4 "AS IS" Residential Contract For Sale And Purchase HIS FORM HAS SEEN APPROVED BY i -IE FLORIDA REALTORS AND THE LORIUA BAR I. PARTIES: Barbara E. Willis Hobo* (`Seller"), z• and MS= liver Cour t, Flores (euyee„), s agree that Self shell sell and Buyer • shall buy the following described Rei Property and Personal Property a (collectively 'Properly') pursuant to the terms and conditions o, this AS IS Residential Contract For Sale And Purr -rase and 5 any riders and addenda {"Contra'): & 7. PROPERTY DESCRIPTION: . 7* (a) Street address, city, zip: 1835 43rd Avenue, Vero Beach, Florida 32960 rr. (b) Property Is located in: Indian River County, Florida. Rear Property Tex ID No.: 33390400010000O00010.0 r (c) Real Property: The descript-km is Lots 10,11,14 and 15 together with remaining portion of Lot f6 of Pinewood 50 Subdivision is •:2 14 :4 56 17 18 IS 20• 21 z2 Personal Property is tcfuded in the Purtase Price, has no controutory value, and sh= r be lett for the Buyer. 23` (e) The fDAov,itng items are excluded from The purthate: za '— zs PURCHASE PRICE AND CLOSINGS 23ts,. co gyp: z �, 2, 2. PURCHASE PRICE (U.$. rrrancy):_. ..__...._..._._... _..........__.__._. _.. $,t#-8Be t3 v- (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) — $ 1,000.0o2e The inttial deposit mads payable and delivered to "EscrowAgenV' named below zr (CHECoffer orK f�n� an ten da} EPe re Date. IF NET-IERX S be ED, THEN OPTION ( sf SHALL BE DF MED SELECTED. sr EsorowAgent information: Name: Rick Baker Realty, LLC 83- Address: 9015 Amaricana la ta, Vero Beach, fiorirle 32986 s4- phone: (772) 557-0551 Einar'!: rick(c real m • FaX (7721557.-0548 :s (b) Additional deposit to be delivered t0 EscrowAgentw1tiitn„ (Yieit blank, then 10) W days after Effective Date_-- – _. .......... ....... .. _....,,..... ... ..... __._.. $ ST (AA deposits paid or agreed to be paid, are collectively referred to es the repo sr (c) Financing: Express as a collar mount or percentage (°Loan Amount') see Paragraph 8. 34• 40 () Balance to close (not Inducting Buyer's closing costs, prepalds and proratiorss) by w 22_9 Mich a 7{YfC.• . 41• — transferor other COLLECTED fund... ._.. _.. ,.... .. $ G— o0 42. NOTE: For'tbe definition of "COLLECTION" or `GOLLKCIED See STANDARD S. 43 3. TIME FOR ACCEPTANCE OP OFFER AND COi1NTER.OFFERS; ErFECINE DATE: 441 (a) }f hat signed by Buyer and Seller; and an executed copy delivered to all paries an or before Ivlerth 21, 2014 46' , this offer shall be deemed withdrawn end the Deposit, if arry, shall be returned to 4s Buyer. Unless otherwise stated, time for acceptance deny counter-offers shell be Wlthiri 2 days atter the day the 47 counteroffer Is delivered. as (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed 4g and tiellver'ed this offer or final counter -eerier (Effective Date). so 4. CLOSING RATE: Unless modified by other provisions of this Contract, the closing of this t=an5&ction shall ocalr and si sz r the closing S me t required to be fumtshed by each party pttsuant to this Contact shall be delivered (`Closing") an ss5. EXTENSION Apr CLOS, DATE:(Closing Date), et the time established byihe Closing Agent. O64 (a) If Closing funds from Buyer's lender(s) are not available at time of Closing due to Truth In Lending Ac (TILA) notice ss requirements, Closing shall be edended for such period necessary to satisfy T1LA notice requirements, not to exceed 7 days. accordlbg to the platthereof tiled fiche office of the Clerk &halm River County En together with ail e)(Wng improvements and mcttres, ind;sding bWt in appliances, bullt-in 'furnishings and attached wall-to-wall carpeting and tiooring ("Reel Property) unless specfcaliy occluded in Paragraph 1(e) or by ether terms of this Contract. (d) Personal Property. Unless exc tided in Paragraph 1(e) or by other terms of this Contract, the fotlovrinn items wh ch — are owned by Seller and easib g on the Property as of the date of the initial offer are Included in the purchase: range(s)/oven(s), refrigerator(s), dishwasher(s), disposal, oeffifig fen(s), intercom, light fume' e(s), drapery rods and draperies, blinds, window treatments. smoke detector(s), garage door opener(s), ssaur gate and other access detricee, and storm shuftorslpanels ("Personal Property`). Oita Petsanal Property items included In this purchase are: &tees ln,"l is Flare'..aReatiora/FladdaBar;AS1S-2 Sar:&R Pa9staaa5s>s?at8s4 Page 1 pi li Seller's Ina* Ray.8I1302 '13FrorkiaRealtoreandTheFrer',d;Sar. A9 rightsre erral. 30 sr (b) If extreme weather or other condition or event consuhriog "Fosoe Majeure" (see STANDARD G) muses: (i) ss disruption of uS1ities or other services essential for Closing or (l) Hazard, Wind, Flood or Homeowners' insurance; 59 to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after reetoration an of utilities and other services essential to Closing and availability ct applicable Hazard, WLrtc3, Flood or st Homeowners' insurance If restoration of such utilities or services and availability of insurance has not occurred sr within (if left blank, then 14) days afar Closing Date, then either party may terminate this Contract by as delivering written notice to the other party, and Buyer shall be. refunded the Deposit, thereby releasing Buyer and 34 Seller from all to -the: obligations under this Contract as S. OCCUPANCYAND POSSESSION: es (a) Unt ss the box in Paragraph 6(b) Is checked, Seller shalt, at Closing, deliver ocerpan y and possession of the sr Property to Buyer free of teria:tts, occupants and future tenancies_ Also, at-Cleeing, Seller shalt have removed all ea personal items and trash from the Property and shall deliver all keys, garage door openers, access devices and oa codes, as applicable, tc Buyer. If occupancy Is b be detvered before Closing, Buyer assumes alt risks of loss to the hn Property from date of occupancy, strait be responsToie and Liable for maintenance from that date, and shall be 71 deemed to have accepted the Property In De existing condition as of time of taking, occupancy. re (b) 0 CHECK IF PROPERTY iS SUBJECT TO LEAST (S) OR OCCUPANCY AFTER CLQSING. tf Property is 7a subject to a lease(s) after Closing or Is intended to be rented or occupied by tihiid pies beyond Closing, the faces 74 and terms there✓r shall be disclosed in wring by Seller to Buyer and copies of the written lease(s) shall be ;s delivered to Buyer, al within 5 days after Effective Date. If Buyer determines, in Buyer's sole dieoretion, that the 73 lease(s) or terns of occupancy are not acceptable to Buyer, Brayer may terminate this Contact by derrvery of 77 written notice of such election to Seller whin 5 days aier receiptof the above items from Seller, and Buyer shalt be 78 refunded the Deposit thereby reteasmg Buyer and Seller from all finthher cbligations under this Contract, Estoppel 79 Letter(s) and Seller's affidavit shat be prevideci pursuant to STANDARD D. If Property ;s intended to be occupied so - by Seller altar Closing, see Rider L. POST -CLOSING OCCUPANCY BY SELLER 8? 7_ ASSIGNABILITY: (CHECK ONE): Buyer © may assign and thereby be released from any further liability under this se - Conirad.; tJ may assign but not be released from liabiiity raider this Contract; or I may not assign this Contract. ae FINANCING ed 8. FINANCING: ea lij (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to ver's obligation to dose . e7< L"I (b) This Conked is contingent tfngent upon Buyer cbtaining a written loan commitment for a 0 conventional 0 FHA VA sr or 0 other (describe) loan on the following teras within (If tett blank, ifr i SO) days afar as- Effective Date (Tran Commit Bent Date") for (CHECK ONE): 0 fixed, t.7 adjusbehts, 0 oradjustable so- Te Loan Amount(See Paragraph 2(c)), atrater Loan in �. an initial rale not to exceed 96 (if lett blank, then prevailing 9? rate based upon Buyer's dredeworthfrress), and fora tern of (Kieft bfantc, then 30) years ("Financing_ se Buyer shall make mortgage loan application for the Flnancng whin left blank,then da 83 Date and use good faith and diligent effort to obtain a written Loan comniitmeYS � ttee ti1e sc and thereafter to close this Contraser nt far the d about ("Loan Cot mort ge 95 loan application and Loan Cammi een�d authorizes Seller Buyer's mortgagefully informed farmed about the tender s of Lose such status and progress to Selierand Broker, broker and Buyer's disclose such 97 six Upon Buyer's reeelpt of Loan Commitment, Buyer shalt provide written not ca of same b Seller_ If Buyer does not ss receive Loan Comrnihrerrt by Loan Conerf:tment IDate, then thereafter eittier party may cancel this Contract up to the too earlier of: not (1.) Buyer's delivery of written notice to Sealer that Buyer has either received Loan Commitment or elected to 192 waive the financing corfmgancy of this Contract; or 103 (IL) 7 clays prtorto hosing Dee. lac If ether party timely cancers this Contract puissant to this Paragraph 8 and Buyer is hot In default under the terms of hos this Contract, Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from alt fue her obligations under hes this Contract tf neither party has timely canceled this Contract pursuant to this Paragraph 8, thee this financing ler contingency shall be deemed waived by Buyer. . ,cg tf Buyer deirrers written notica of receipt of Loan Conimfinent to Seller and this Contract does not thereafter dose, the Deposit shall be paid to Seller unless failure to dose is duo to: (t) Seller's default (2) Property related cond'rttons of Lira no Loan Camrttment have not been met (except when such condiiiions are waived by other provisions of this Contract); (3) tit appraisal of the Property obtained by Buyer's tender Is insufficient to meet terms of the Loan Commitment; or (4) tie 112 Loan is not funded due to financial failure of auger's lender, to which avent(s) the Depaslt shall be returned to Buyer, > s thereby releasing Buyer and Saar firm all further obrcgaffons under fres Contract. Buyer's k3'•ralse2 i` , T. FtoridaRealh daB�lS 2 Rev.8/13 ® 2013 F7afda thea tors• anti Ins [ta,ida Bar. .A11.ry0111 Settles itr@fses� tights reseed_ sere etiozi-6arza saeazor formsirnpiie%tSy 31 1 i4 0 (c) Assumption at existing mortgage (see rider for terms). lis 0 (d) Purchase money note end mortgage to Seiler (see riders; addenda; orspelaal clauses for terms). els CLOSING COSTS, FEES AND CHARGES 1:7 9. CLOSING COSTS; TiTLE INSURANCE; SURVEY; HOME? WARRANTY; SPECIAL ASSESSA E.NTS. 1te (a) COSTS TO BE PAID BY SELLER: 119 • Documentarystamp faxes and surtax on deed, Italy - HOA/Condorninhmt Association estoppel fees 120 -Owner's Policy and Charges (if Paragraph 9(c) (i) is chanced) - Rearrdmg and other fees needed to cure title 1x1 - Tile search charges (If Paragraph 9(c) (iii) is checked) - Seller's attorneys' fees lee' • Other: 6% Real Esta;e Corsrrlission 123 if, prior to Clos¢eg, Seiler is unable to meet the AS IS Maintenance Requirement as required by Paregraph 11 a 124 sum equal 18125% ofesarr ed caste to meet the AS I5 Maintenance Requirement shall be esc owed el Closing. if 126 acetal costs to meet the AS ES Makitenance Requirement exceed meowed amount, Seller shalt pay such actual 12s costs Any unused portion of escrowed amounts) shall be returned to Seller. 127 (b) COSTS TO BE PAID BY BUYER: la - Taxes and recording fees on notes end mortgages - Loan exTealses ties • Recording fees for deed and far -axing statements • Appraisal fees 130 • e's Policy and Charges (if Paragraph 9(c)(5) is checked) • i3uyar's inspections Survey131 (and elevation kation, If required) _ Buyer's attorneys' fees 132 • Lender's title pocky and endorsements • 133 • HOAiCondominktm Association appiFu onftrans e - fees • Owners l property related insurance 134 Policy Premium of Paragraph ass - Other.9 (c)) is checked.) tree (c) TITLE EVIDENCE AND INSURANCE: At least (if lett blank, then 5) days prior to Olosulg 137 insurance commitment issued by a Florida licensed title insurer, with 1 lbiea listed a title sea exceptions aiiached thereto ("ince CommttmenC) and, after Closes, an Sc poli of f titleierdr listed (as see tag STANDAR A for terms) shall be obtained and delivered to Buyer. trSeler has an ownnerr''s re icy fti to in (nce uo covering the Real Property, a copy shall be famished to Bn relic/ o` tit e insurance Date. '•<1 the owner's tele al yerarrd Closing Agent within 5 days atterFl"r'ective Dale. polity premium, tide search, municipal lied search and dosing services (coilec ivey1 'Owner's 142 Policy end Charges") shall be paid, as setloch below 145 (CHECK ONE): 144- 0 (I) Seller shall designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for 145 dosing services related to Buyer's lender's policy and endorsements and laan•triosing, which amounts shall be paid 146 by Buyer to Closing Agent or such other providers) as Buyer may select) or 147' Q (ii) Buyer shall designate Ctas¢lg Agent end pay for Ownex's Polity and Charges and charges for closing 146 se -vices related to Buys lender's policy, endorsements, and lean closing or 14e- ❑ Ila MIAMI-DADF..tBROWARD REGiONAE. PROVISION': Seller shall furnish a copy of a prior net's poky of -ma ne in uiance Di -other evidence of tale and pay fees foe (A) a continuation or ate of's,ich title evicted* Which 151 is acceptable to Buyer's fitle insurance underwriter for reissue of coverage; (B) tax search; and £C) municapal lien 152 search. Buyer shall obtain and pay for post -Closing continuation and premium for Buyer's owner's paticy, and if 153- applicable, Buyer's tender's policy. Seller shall not be obligated to pay more than 1s¢ Then ,$200.00) for abstract can5nuatien orfitte search ordered or (if bleak, 165 td) SURVEY: At least 5 days prior to Closir 9, oyer 3 may, at Bur's expense, , Closing Agerri , have the Real Properly surveyed and 166 ceriifred by a registered t 1orida surveyor (`Survey'). If Seller has a survey covering the Real Property, a copy strati 167 be furnished to Buyer and Closing Agent within 5 days eller Effective Date. rev (e) HOME WARRANTY: At Ctosirraa, 0 Buyer 0 Seger. 0 N/A shall pay for a home warranty les- at a cost not to exceed $ ty plan .salted nby e 150 warranty plan pro4des for repair or replacement of many of a homes mechanieel s A home 1st a lances in the event` of breakdown due k normal wear and tear duringthe'agreement's ��nr jwana warranty p major bupi-in pig posed period. tax (f) SPECIAL. ASSESSMEhETS. At CIOyrna, Seller shall tfis PaY (7 the full amourYt of mens imposed by a ptrb;5c body ("public body' does not include a Condominium or Homeowner's Association) that are Certified, confirmed and tee - rabTred before Closing and (1i) the &Taint of the pontic body's most recent estimate or assessment for an 155 improvement which is substantially complete as of Effecdve Date, but that has not resulted in a lien being Imposed tee on 157 in t theme Property CHECKbeore veil}: Closing. Buyer shall pay allotheraesessinents. if special assessment may be paid in ea. 0 (a) Setter- shall pay installments due prior to Closing and Buyer shall pay installments due after Closing. las lastaliments prepaid or due for the year of Closing shall be prorated. 177 0 (b) Seiler shall pay the assessment(s) in full prior to or at tt>= time of Closing. m 1F NEITr1ER BOX IS CHECKED, THEN OPTION (a) SfiALL BE DEEMED SEL.ECTED_ Buyer's Initlals — Page 3 of 7t FloridaRealtoistFlorklaBer,4s s 2 Re+.Bl13 02013 Florida Rea`brscd'lh_ Romhts rese vacj Roma Bar. A$ Seriel: its St,is'k ODR1:2?OOSS3-Sett26T '- - fonns!I;iE3s:Citye 32 Para shal 1 72 Thisstlent toraph 9((f) 9Cl not apply to a steal benefit tax lien imposed by a community devetopment.drstrid (CDC) purstra be prorated pursuantte STANDARD K. 174 DISCLOSURES 175 10_ DISCLOSURES: 176 (a) RADON GAS: Radon is a naalrafty occurring radioactive gas that; when It Is accumulated In a building rr sufficient 177 quantities, may present health risks to persons who are exposed to it overtime. Levers of radon that exceed federal ria and state guidelines have been found in buildings in Florida. Addit:onai information regarding radon and radon in testing may be obtained from your county health department le? ('b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller re does not know of any improvements made to the Property which were made without required pem-dts or made see pursuant to permits Which have not been properly riot. X03 (c) :viol D: Mold Is naturally occtcting and may cause health risks or damage to property. If Buyer is concerned or 'tet desires additional information regarding mold, Buyer should contact an appropriate fes (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify professional. 183 the Property is ire whetherftood insurance is uiredS , and elevation ticti ns a apply :imp zona fat the Property and rebuilding req by Buyer's lender, what resiriciions aPp►Y'trs improving 8 in the event of casualty. If Property Is L, a "Special Flood Hazard Area' or "Coastal sa Harrier Resources Ac€' designated arft or otherwise protected area identified by The U.S. Fish and UYldtr% Service ;a? underthe Coastal Barrier Resoteces Act and the lowest -floor elevation for the building(s) and for flood insurance '90 rating purposes is below minimum flood elevation oris ineligible for ;good insurance through the National Flood 181' Insurance Program, Buyer may terminate this Contract by delivering written notice to Seller within (If192 blank then 20) days after Effective Date, and Buyer shall be refunded the De r left and en Seiler from all norther obligations under this Contract falli which �v releasing Buyer and 124 flood zone Designation of Property.� Buyer accepts existing elevation of buildings and lee Water 2012) tray phase in actuarialrating � pre -Flood nood sU�sance rance Map (ret a 2012 {referred to as Bi cur ise elf res th which the insured or spouse does not reside for al least 80° hof tia non-primary adaan elevation 197 certificate Y be required for actuarial rating 1kt (a) ENERGY BROCHURE: Buyer ackreeteedges receipt of Florida Ener y-Efiiaency Rating inrrrnafion Brochure ass required by Section 553.996, F.S. ma (f) LEAD-BASED PAINT: If. Property includes pre -1978 residential housing, a lead-based zo1 mandatory_ paint disciosure s ez (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 203 CONTRACT uNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCiATTQfli1COMTAUNITY DISCLOSURE, IF APPLICABLE. les (h) PROPERTY TAX DIaCLOSURE SUMMARY BUYER SHOULD NOT RELY ON THE SFI r FR's CU Rrem- 2ce PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO err. PAY IN THE YEAR SUBSEQUENT TO PURCHASE A CHANGE OF OWNERSHIP OR PROPERTY 255 IMPROVEMENTS TRIGGERS' REASSESSMENTS Or THE PROPERTY TRAT COULD RESULT IN H1GHsrk Zoe PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY 210 PROPERTYAPPRAISER'S OFFICE FCR INFORMAT)ON, 211 n F1RPTA TAX WITHHOLDING: Seller shall Inform *Buyer in writing if Seller is a '`foreign person' as defined by the 212 Foreign investment In Real Property Tax Act C RPTA). Buyer and Seiler shall comply with FlRPTA, which may 213 require Seller to provide additional cash at ung. If Setter is not a'foreign Person; Seller can provide Buyer, at or 214 prior to Closing, a certification of non -foreign status, urderpenatbes o; palely, th inform Buyer rg that no withholding is requred. See STANDARD V far further L*rfc-mton apertaining to F1RPTA Buyer and Seller nd Aeem 213 are advised to seek I9gaJ cotmsel and tax advice regarding their respective rights. obligationsuyeand 217 withhotding requirements purs;rantto FIRPTA. rePorLrrlg and era {) SELLER DISCLOSURE: Seller knows of no facts materially efeeting the value of the Regi Pro zip readily observable and which have not been disclosed inpr8 a which sentence,� are cot zee Seller extends and intends no warranty and makes no re rl . apt as yrtype, h or In the pts or Implied, asto pry of the Pro P-ntafion of any type, ether express or Lt1p�d, as m ze the physical condition or hist perry, Except as otherwise disclosed In writing Seller has received no 272 wniten or verbal notice from any governmental entity or agency as b a currently uncorrected bulIdino, 2223 environmental or safety code violation, 2�4 PROPERTY MAINTENANCE, CONDrfiON, INSPECTIONS AND EXAMINATIONS 226 '11. PROPERTY MAINTENANCE: Eaccept for ordinary Fear and tear and Ca sualty 2ze including, but r� limited to, lawn, shrubbery, and pool, in � condition existingei a o Setter l Effective t Property, r27 Maintenance Requirement'). as of Eftectiv Date (AS :s Buyer's Initials Page eof ll Setter's Irilals FlorictsReettoreTtorideBaNp5)8 2 Rev srl3 C 201'3 FicektcReebrsgaral The Flor da Bar. All pietas reserved_ Salam 00432278.1386882347 33 228 12. PROPERTY INSPEGTIONl: RIGHT 229' 230 (a) PROF,ERi Y INSPECTIONS AND RIGHT TO CANCEL: Buyer shag have (if hof blank then 15) days after l ective Date {"Inspection} Period') within which to have such inspections of the Properly performed zsI as Buyer shall desire daring the Inspection Period If Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Bayer may terminate this Contract by de/A/erfng written notice of such 234 233 election to Seller prior to expiration of lnspecioy Period. ff Buyer timely terminates this Contract the Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further 235 obligations under this Contract; however, Bayer shalt be responsible for prompt paymentfor such 23o inspections, for repair of damage 1o, ant restoration of, the Property resulting from wish inspections, and zsr shall provide Seller with paid receipts for all work done on the Property (the preceding provision shall tis las survive termination of this Contract). Unless Boyar exercises the right to terminate granted herein, Buyer accepts the physical condition ohne Property and any violation of governmental, building, environmental, 240 .and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance 242 242 Requirement and Buyer shall be r esponstb13 for any and alt repairs and improvements required by Buyers lender: 243 (b) WALL THROUGH 1NSpECTIOM RE -I 'SPECTION: On The day prior to Closing Date, or an Closing Date prior to ass 244 time of Closing, as specfiied by Buyer. Buyer or Buyer's represent ve may perform a walk-through {and follow-up walk -thigh, if necessary) inspection ofthe Properly solely to confmrr that all items ofPersorral Property are on the aye Property and to verify that Seller: as maintained the Property as required by the AS IS Maintenance Requirement 247 and has metals other contractual obigations. ZC$ (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-DUT OF BUILDING PERMITS: If Buyers inspection of las the Property identifies open orneeded build -mg permits, than Setter shall promptly deliver to Buyer an plans, written 250 documentation or other information in Sellers possession, /mom/ledge, or controt relating to improvements to the 252 Property which are the subject of such open or needed Permits, and shall promptly coopa,.r-ate In good fain with 252 Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seiter's zss obiigefort to cooperate shag include Seller's execution of necessary authorizations, consents, or other decume esz 254 necessary for Buyer to conduct Inspections and have estimates of such repairs or worts prepared, but in fol Ifing such obligation, Seller shall not be required to expend, orbecome o5Trgated to expend, any money. (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyers option a -1d cost Seller 'MU, at Closing, assign all assignable repair, treatment and maintenance Contracts and warranties to Buyer. 258 ESCROW AGENT AND BROKER 212. ESCROW AGENT: Any Closing Agent or Escrow Agent (cc ecSvely'Agenf') receMng the Deposit, other funds and Bao other frvtns is authorized, and agrees by acoeptance of them, to deposit utero promptly, hold sante in escrow mitlin the 259 Sfala of Florida and, subject to COLLECTION, cf.Gbur e them in eceorciance wt`,h term and =acne of this Contract. z8z Failure of Rinds to become COLLECTED shall not excuse Buyer's performance, When conflicting demands for the zss Deposit are received, ar Agent hes a good faith doubt as b entitlement to the Deposr%, Agent may take such actions Zea permitted by this Paragraph 13, es Agent dents aiivitable.'tfin doubt as to iXgents duties or:li Hiles under -this zs7 ass Contract, Agent may. at Agent's option, contuwe to hold the sub;ect matter of the escrow until the parties agree to is 237 clrsbursement of unfit a final judgment of a court of competent juhfsdictiori shall determine the 'tilts of the pante. or 26B Agent may deer same w h the clerk of the cirou t court having jurisdicfron of the dispute. An atnomey wito represents a party and also acts as Agent may represent such party in such action. Upon rrob'iymg all parties concerned of such 263 action, ell liability on the part of Agent shall fully terminate, accept to the extent of accounting for any gems previously z7o delivered out of escrow, If a licensed real estate broker, Agent will comply will provlsionS of Chapter 475, F.S., as i71 amended and FREC rules to timely resolve escrow disputes through rnedlattiore argon, Interpleader or an escrow m cfisbutsement order. zrs Any proceeding between Buyer and Seller wherein Agent Is made a party because of acting as Agent hereunder, or in 275 275 any proceeding where Agent hterpleads the subject matter of the escrow, Agent shall recover t�eeasoriabe.e aticmey's fees and costs Encazred, to be paid pi suant tc court order out of the escrowed funds or equivalent. Agent shag not be 270 liable to any party or person for mis-delivery of any escrowed items, unless such mis,deitvery is due to Agent's vrr7tiu! b 277 reach of this Contractor Agents gross negligence. This Paragraph 13 shall sainilVe Closing or ten'aination of this 27B Contract. 278 14. PROFESSIONAL ADVICE: BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, square zBo footage, and an other facts and representations made pursuant to this Contract and to consult appropria+s professionals 2B1 for legal, t xrn , environett 1, and other spedconcerning aitzed advice conceng matters affecting the Property and the transed:ion 282 contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all zea representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER 2Q4 AGREES TO RELY SOLELY ONSELLER, PRO ESSJDNAL INSPECTORS ANI] GOVERNMENTAL AGENCIES .ss FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT ass PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER. Ewes InAiars Page 5 of 11 Se1l8r'3 frill is notldaReahorsrPlaridaBat ASI., -2 Rev.WI3 02013 Florida Redtccsoand The Fbdda Bar, fill rights reserved. _ sertern aoa234.09 r 3LZi�i S't??�.iCI� 34 237 Buyer and Seller (individually, the ' Indemnriying Party) eachdrv[du elly indemnifies, holds harmless, -and re/eases 266 Broker and Broker's ofoers, directors, agents and employees from all liability for Joss or damage, including all cast - 269 and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Broker's officers, 296 directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by 2232 31 Buyer or Seller based on: (i) inaccuracy of information provided by the indemnifying Party or from public records; (11) 2 nd Indemnifying amiSstatemenf(s) or failure to perform contractue.f obligations; (ori) Broker's performance, ai $ Ps re ces of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, 234 including Broker's referral, reccrn,mendation or retention of any vendor for, or an behalf of indemnifying Party; Uv) 295 products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by 296 any such vendor_ Buyer and Seller each assumes full responsbTTrty for selecting and compensating their respective 2zits 57 venders and paying their other Costs under this Col -Iliad whether or not this transaction closes. Tnis Paragraph 14 win 299 rotBroker lie ill eve Broker of sss ta �ry dations under Chapter 475. F.S., as amended. For purposes of this Paragraph 14, party to this Contract Tbs Paragraph 14 shall survive Closirra or ternanauon of this Cone 390 DEFAULT AND DISPUTE RESOLUTION 3ai 15. DEFAULT: 332 (a) BUYER DEFAULT: if Buyer falls, neglects or refuses to perforin Buyer's obligations under this Contract including acs payment of the Depos t, wif:h.i t" the- tirne(s) specified, Selo may elect to recover and retain the Deposit for tiie 334 account of Seller as agreed upon liquidated damages, consideration for execution of this Contras and in fill see settlement of any claims, whereupon Buyer and Seiler shad be relieved from all further obi',gat[ons under this sae Contract or Seller, at Seller's option, may, pure to Para �T under this Contract., The portion of the graph 16, proceed in equity to enforce Boiler's rights 303 Deposit if any, paid to Listing Broker upon default by Buyer, shall be split equally between Listing Brokerand Coopers Broker, provkled however, Coo civ greater than the commission amount Listing Broker had Ping Broker's share shall not be aro (b) SELLER DEFAULT: if Tor any reason other than failure of Seger to ma to Cooperating tits Marketable kr reasonable 3:1 dit;gent effort, Seller fits, neglects er refuses to perform Seller's obligations under ttzls Contract, Buyer may elect to 342 receive return of Buyer's Deposit without thereby waiving 313 and, pursuant to Paragraph 16, may seek to recv era ame= ee �p�c resulting from Sellers breach, 3u This Paragraph 15 shall survive Closing or termtnat[on cf this Contract. ' performance, 315 16. DISPUTE RESOLUTION: Unresolved corrfroversies, claims and other matters in question between Buyer and Seller 316 eriaing out of, or relating to. tills Contract or 3s breach, enforcement or interpretation ( Dispute') writ be settled as 317 follows: els (a) !Buyer and Seller x731 have 10 days alter the date conflicting demands for the ate resolve such Dispute, ging which, Buyer and Seller shall sub Deposit1tme are tirade toer Paragraph to =I 16(b)_ submit such Dispute 7b merman under Paragraph 321 (b) Buyer arid Seater slaH attempt to settle Disputes In Fart amicable manner trough mediation pursuant to Florida 32? Rues for Certified and Court-Appokttd Mediators and Cana ler 44 F 323 medrator rnuist be certified or must Have- experience in t'ne real estate Industry.es nt file a re of rr Roles!)..bsought The c without first complying wth this Paragraph 18(b)_ Disputes not settled injunctive Paragraph miry 6emay e 325 resolved by Insilufins action in the appropriate court having pursuant to �� Patarag16 mors be 228 survive Closing ortermination of tills Contract jurisdiction of the trtatfer. This Paragraph it? shall .., 17 Aisrs REy'S FEES; and each OST The parties *11 split egiraity any meonation fee fnecrred in any mediation pennitted TM thiContract,s ts n mediation. )p n yrwlitigation1pe costs, own expenses � fees, including attomey's fees, incurred sso from the non -prevailing pal r rests and foes, Inducting reams b attorneyh Contract the s em' shall be entitled to gallon 331 This Paragraph 17 shall survive Closing or termination at this Contract. mss' incurred .ill corrdrscling the tion. 332 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS') 333 18. STANDARD& 23.4 A. TITLE sae ass (1) TITLE EVIDENCE; RESTRICTIONS; EASEMEhf7S; LIMiTATIONS: Within the three Period provided In Paragraph 9(o), the Me Commitment wf h legible copies of instruments iie<ed as oat delivered to Buyer. The Title Commitment Omit set fork those matters to be dischargedions by thereto, shall be or ass 339 and shall provide that. upon recording of the deed to Buyer, en ovmaYs po1•cyr of lith: instuanc a in the amount of the ora Purchase -Price, shall be Issued to Buyer uzsurfng Buyer's marketable tc the Real Property subject only to the 341 following matters: (a) comprehensive land use pans, Zoning, and other land use restrictions, prohibEnoris and 342 requirements imposed by governmental authority,. (b) restrictions and matters appearing on to tha subdivision; (c) ausrarrding oil, gas and mineral rights of record the Ply; or otherwise 343 public utility easements o, record (located oorrIguous to real property tianof entry; d d not more then 10 f wide unplatted 3<.ras to rear or front tines and 7 112 feet In width es to side tries); (e) taxes for year of Closfng and subsequent years; and (f) T1 Buyer's mutualsPage MorktaReaitorslFbrlda r-sSlS-2 Rev_e11$ 292013 Florida Recipes ar ofill Florida 33r. A) rights reserved. Seger's i t:e,dtk eecroawmsomoi — a aTzSlmpliCit , 35 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED sae see assumed mortgages and purchase money mortgages, if any (if additional items. attach addenduerr); provided, that, none sprevent use of Property for RESIDENTIAL PURPOSES_ if there exists at Closing any violation of items identified in (b) rT — (f) above, then the same st.all be deemed a t11e defect l ani bfe iitie shall be determined according to applicable vas Tide Standards adopted by authority of The Florida Bar and he accordance v iii law. ver s4& (i) TITLE EXAlt INATION: Buyer shall have 5 days after receipt of Title Commitment to examine ft and nofdy Seller In sus writing specifying defec(s), if any, that render title unmarketable. If Seller provides Tete Commitment and it is delivered =to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 3 days after lath of receipt to .3,53examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period') after receipt of Buyer's s5 notice to take. reasonable agent efferts to remove defects. If Buyer falls to so nobly Seiler, Buyer shalt be deemed to sus have accepted title ss is then is. if Seller cures detecs within Cure Period, Salter will deliver written notice to Buyer- (With ass proof of cure acceptable. to Buyer and Buyer's attorney) and the parties will close this Cohttect on Closing Date (or if aur Closing Date has passed, within 10 days ager Buyers rexipt of Seller's notice). if Seiler fs unable to cure de ects ,1,58 within Cure Perked, then Buyer may, within 5 days after expiration of Cure Period, deliver written no thtie to Seiler_ fa) extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue be use also p reasonable diligent eftert to remove or cure the defects (*Extended Cure Period"); or (b) electing to accept title with existing defects and dose this Catered on Closing Date (or if Closing Date has til vex sex after end of Extended Cure Period or Buyer's receipt of Seller's not cs ore passed, within the center of 10 days receive a refund of the Deposit, thereby releesIng Buyer and Seiler from ell furtherbtigationcting to nss under this C�ract nate this Contract arid sea 364 after reasonable difoennt effort, Seller Is unable to timely cure defects, and Buyer does not waive the detects, this acs Contract shall terminate, and Buyer shalt receive a refund of the Deposit; thereby releasing Buyer and Seller frtirn all further obGgalions underthis Contract see 2.ass B. SURVEY: If Survey discloses encroachmens on the Real Property or teat improvements located thereon encroach son setback lines, easements, or lands of others, or violate any restrictions, covenants, or applicable governmental aregulasons dessrlbed In STANDARD A (r)(a), (b) or (d) above, Buyer shall deliver written notice of such riattte v7 .V a a together wiwitha copy of Survey, to Seller within 5 days after Buyer's receipt ofSurvey, but no later Than Closing. If Buyer 371 tirnbey delivers such notice and Survey to Seller, such matters identified In the notice and Survey shall constitute a title s73 defer subject to cure obligations of STANDARD above; ffSeller has delivered a prior surrey, Seller shall, of Buyers 373 request, execute an affidavitaffidavitof "no change' to the Real Properly since the preparat5on of such prior sttlrvey, to the extent the af&msations therein are •true and correct ret 975 C. INGRESS AND Et3RESSt Seller represents that there Is ingress and egress to the Rel 1 Property and title to the Real Property is insurable in acpordance tivlth STANDARD A without exon for lack of legal right of access. an D.. LEASE iNFORMATION: Seiler shell, at least 10 days prier to Closing, furnish to Buyer estoppel letters from ere erraret(s)loccupart(s) specifying nature and durafion of occupancy, rental rates, advanced rent and security deposits ars paid by tenant(s) or ocxupant(s)('Esteppel Letter(sp). If Sealer fs unable to obtain such Estoppel Letter(s) the same sae Information shall be furnished by Seller to Buyer within filet tiara period in the form of a Seller's affidavf't and Bayer may 381 thereafter contest lerrant(s) or occupant (s) to confinnsuc b information. Jf Estoppel Letter(s) or Sellers affidavit, if any, defer maternity from Seller's representations and feass(s) provided p, ursuantto Paragraph ar If teflons o ase fat or ruse to confulirj belief's ofd Buyer may deliver written notfe to Seller w-itiitn 6 da'ys iKer receipt of c ase h em information, but no later than 5 days prier-to Closing Date, tpxmbieting this Cordrac and receive a refund of the Deposit, ex theassign &toBuy; and Seller from all 'F Cher obligations under this Contract. Seller stria, at Closing, deliver and Buyer who shall assume Seller's obegations thereunder_ 397 E. claims of en m Ser shall furnish to Buyer at Closing an affidavit attesting 0) to the absence of any fxtancu)g s e nett, sss sea potential lienors le own to Seiler and (ii) that there have been no improvements or eepairs to the Real 3a9Property for 90 days immediately preceding Closing Date. If the Real Property has been improved or repaired within o that time, Seller shall deliver releases or waivers at constr c on liens executed by all general c �„-� rrtra, xe o subcontractors, suppliers and materia mai In addition to Settees lien affsdavit setting forth names of all such general 332 contractors, subcontractors, suppliers and riu1erfalmen, further affirming That all charges for-improvensertls or repairs ase xfiich could serve ss a basis fora oensfruction.ren or a daIm for damages true been paid or will be paid at Closing, F. TIME: Calendar days shall be used in conxputlng time periods. Time Is of the essence In this Contract, ales sus Other than time foraoceptenca and Effective Date as set fatly In Paragraph 3, arty time periods provided for or dates ase specified In this Contract, whether preprinted, handwritten, typewritten or inserted herein, which she]) end or occur on a Saha-day, Sunday, or a national [egad holiday (see S U.S.C. 610;3) shall extend to 5:00 p.m. (whets the Property is located) ofthe next business day. gall eta G, FORCE MAJEuRa Beer or Seller shall not be required to perform any obligator under this Conuact orbs Gable to each other for damages so Long as i erfrmia ce or non-performance of the oblfgaticn is delayed, caused or aro atrt prevented by Force Majetre. F=orce Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual ao433.r t sportation delays, wars, Insu«e(, j ns, acts of terrorism, and any other cause not reasonably within control of Buyer 4s or Seller, and whit, by: exercise of reasonable drrgent effort, the non-oerfoorung partytax is able In whole or In part to 404 prevent or overcome. All time periods, including Closing Date, wet be extended for the period that the Force Majeure prevents performance wider this Contract; provided, however. if succi Force Majeure ccerfinues to prevent p > ., r ale Buyer's rnrHars Cirsv'L-... Page 7 of 11 Seller's In F[aidaRsar /FlorksHar-4SM-2 Rev.B/is Z20iss Roride Reel s and'nle E1 "8da Bar. Ati riybts reserved. s duras pouts 7aats,.sasuat ' form simplicity 36 STANDARDS FOR REAL ESTATE TRANSACTIONS (uSTANDARDS") CONTINUED -cos 405 under this Contact more than 14 days beyond Closing Date, then either party may terminate, this Contract by delivering 847 written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. 408 410 H. CONVEYANCE: Setter 5,�raE convey marketable tide to the Real Property by statutory warranty, trustee's, personal 4representative's, or guard/eel's deed, as appropriate to the status of Seiler, subject only to matters described in 41STANDARD A and those accepted by Buys. Personal Property shall, at request of Buyer, be transferred by absolute bill of sale with warranty of title, subject only to such matters as maybe provided forth this Contract. 02 J. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE 414 eta (i) LOCATION: Ceasing will take place in the county where the Reef Property is located et the office of the attorney or 415 other closing agent Ctiosing Agent`) designated by the party paying for tha owners policy of Liffe insurances, or, if no elle insurance, designated by Seller: Closing maybe conducted by mall or electronic means. ata 41s (Ti) CLOSING DOCUMENTS: Seller shaft et or prior to Closing, execute and deliver, as applicable, deed, bill of sale, 4certiricate(s) of title or other documents neceesary to transfer title to the prostr property, conu„^bon ran �tdavit(s); owners 429 possession and no Lien affidavit(s), and assign�nent(s) of leases. Seller shall provide Buyer with paid receipts for all 42o work done on the Property pursuant to this Contract Buyer shall furnish and pay for, as applicable the survey, flood efevation certificafon, and documents required by Buyer's !ender. 4.2ee2 (Iii) PROCEDURE: ?he deed shall be recorded upon COLLECTION of elf dosing funds. If tire- Title Commitment421 ata provides insurance against adverse ,natters pursuant to Section 627.7841, F.S., as amended, the esceow closing 424 procedure required by STAt+tIDAJiD J shall be waived, and Closing Agent shall, subject to COLLECTION of ali closing funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seiler. 42s 7 J. ESCROW CLOSING PROCEDURE: if Title Commitrnent issued pursuant to Paragraph 9(c) does not provide for 42 42 art insurance against adverse matters as permitted under Section 627.78341, F.S„ as amended, the following escrow and azo dosing procedures shall apply: (i) all Closing proceeds shall be held• h es +r by the Closing Agent fore period of not 430 more than 10 days after Closing; (2) if Seller's tie Is rendered rmrnarkeiabie through no fault of Buyer, Buyer shall, within the 10 thy period, notify Seller In writing of the defect and Sailer shall have 30 431 nob tion to cure the defect; (3) if Seller falls to timely cure The defect, tie De from dais of receipt of such 432 shall, within 5 days after written demandDeposit and all ou Closing thuds paid by Buyer ase Buyer shall return the Persona! pro by Buyer, � refunded to Buyer and, simultaneously tuft}, such repaynwnt, 4i Buyer s deed and bin of perry, vacate the Rea/ Property and re-co;wey the Property 1 Seller- by spial sate; and (4) If Buyer fa to make timely demand for refund of the Deposit Buyer shall take 434 4 titre as is, waiving all right, against Seller as to any intervening defer except as may be avaliable to Buyer by virtue of warranties collimated in the deed or bill of sate. 4$r 4a6 487 PRORs will CREDITS: Tne following recurring itemwill be made current [lf applicat>1e) and prorated as of the ass day prior to Closing Date, or dare of occupancy if occupancy occurs before Closing Data: real estate: taxes (incfuding 439 special benefit tax assessment Imposed by a CDD), Interest bonds, essopaten fees, insurance, rents and other eco eXpehses of Property. Buyer span have option of taking over adsting policies of insurance, If assumable, In which event 441 premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorafions in be ,bade through clay 1419r to Closarg. Advance Ant and seai.itty geposits,. if �ny,.wilt be cr iged to Byyer_ Escrow 443 4 deposits held by Seller's mortgagee wilt be paid to Seller. Taxes shall be prorated based on current year's tax with due 444 allowance made for maximum allowable discount, homestead and other exemptions. If Dosing occurs on a ,tete ekes 448 current year's moilage is not feted but =rent year's assessment Is available, taxes willbe prorated based upon such 448 assessment and prior year's mifage. If Current year's assessment is not available, then taxwill es be prorated on prior dee year's tax. tf there are completed erieaverneres on the Real Property by -January 1st of year of Cios rg, which 44a intprovemmts were not In existence on January 1 of prior year, thentaxes shall be prorated based upon prior year's milage and at an equitable asses ,tent to be agreed upon between the parties, failing which, request shall be made to es) the County Properly Appraiser far an krforrrrat a ssment 4e: based on an esernate shall, at either party's to fakingeri Into account available current y a s tax bile los 4s� STANDARD K shall survive Cb�g, ' ba ,earth sled upon receipt of torrent year's tax bill This 462 a L ACCESS TO PROPERTY ID CONDUCT APPRAISALS, ENSPECTJONS, AND WALK THROUGH. Serer shall, 454 *port reasonable notice, provide rrliiirtiseservice and access to Property for appraisals and Inspector's, inaludrnB a walk - 454 through (orfolew-up walk-through if neceraty) prior to Closing. ess its 4sr M. RISK OF LOSS: if. after Elfecflve Date, but before Closing, Property is damaged by fire or other casualty ("Casualty Loss') and cost of restoration (which shag include cost of pruning or removing damaged Imes) does not St' exceed 1596 of Purchase Price, cost of rhstoratian shalt be an obligation of Seller and Closing shall proceed pursuant 44 4469 to trams of this Contract if restoration is not completed as of Closing, a silo equal to 125% of estimated post to 451 complete restoration (not to exceed 1,5% of Purchase Price), vtill be escrowed at Closing. If actual cost of restoration •Bt exceeds escrowed amount, Seller men pay such web& costs (but, not in excess of 1,395 of Purcthase Price). Any 452 unused portion of escrowed amount shat) be returned to Seller. tf cost of restoration exceeds 1-595 of Futchase Prim, 4464 Buyer shall elect to either take property -as is together with the 1.5%, or receive a refund of the Deposit, thereby 464 releasing Buyer and Seer from alt fsrthe obligations under this Contract. Seller's sole obreeatbe With respect to tree damage by casually or other natural occurrence shah be cost of pruning cr removal Buyer•* initials Page 8 of 11 F7orrdaRea`totslFroridaSer-4S Martis in Z Rev-FJ73 S7 2013 RealtorVand The Horkla Ba-. A8 rights reserved. S Bleck d1a32a407sn.eas23ar sinip 1icl mr 37 STANDARDS FOR REAL ESTATE TRANSACTIONS (*•STANDARDS") CONTINUED des 455 N. 4031 EXCHANGE: If either Seller or Buyer wish to ewer into a like-kindlike-kindexchange (either simultaneously with 457 Closing or deferred) under Section 1031 of the internal Revenue Code (`Exchange"). the other party shall cooperate in 4813 all reasonable respeds b effectuate the Exchange, inctrdng execution of doormen; provided, however, cooperating 455 party shall incur no );ability orexpe:tse related to the Exchange, and Closing shall not be contingent upon, nor extended or delayed by, such Exchange. tin 471 O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE DELIVERY; COPIES; CONTRACT EXECUTION: Nein' er this Contract nor any notice of it shall be recorded in any public records. This Contract shalt be 47ra3 binding on, and inure to the benefit of, the parties and their respective heirs or successors in interest Wl enever the e 474 context pe.�inits, singular shall include plural and one gender shall Include all, Notice and delivery given by or to the 175 attorney of broker (including such broker's real estate licensee) representing any party shall be as effective as If gven 475 by or to that party. All notices must be in writing and may be made by mail, personal delivery or - electronic (Including Orr Cdr) media. A facsimile or electronic (r�tcluding "pdr) copy of this Contract and any signatures hereon shall be considered for ell purposes as an original. This Contract may be executed by use of eie�ronic signatures, as a7s determined by Florida's Electronic Sgrrature Act and other applicable laws_ 460 478 P. INTEGRATION; h9OD1FICATION: This Contract contains the full and complete understanding and agreement of Gas Buyer and Seller with respect b the transaction contemplated by this Contract errd no prior agreaeents cr : representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change to 6 463 this Contract shall be valid or bincUng upon Buyer or Seller unless in wrung and executed d by the partintended to be bound by it. 4ES Q. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of any 84 tial Cont.tracor to take advantage of any right under figs Contract, shall noter prOvfsion of this 487 R. RIDERS; ADDENDA; TYPEWRITTEN. OR HANDWRITTEN PROVISIONS Ftders, addenda, nd typewritten or orLs or rights. der handwritten provisions shall control all printed provisions of this Contract in conflict with them .188488 S. COLLECTiON or COLLECTED: "COLLECTION" or "COLLECTED" means any checks tendered or received, iso inciud-ing Deposits, have become actually and finally collected and deposaed in the account of Escrow A,gerzt ret or Closing Agent. Closing and drsbursernent of funds and delivery of closing documents may be delayed by Closing Agent until such amounts have been COLLECTED in Closing Agent's accounts. 452 sea T. LOAN COMMITMENT: 'Loan Commitment" means a stetsmentbytha lender setting forth the terrns and Conditions t upon which; the lender is Uniting to make a particular mortgage loan to a particular. borrower. Neither a pre•apprnvet see fetternor a prequalmcaiion tettersheit be deemed a Loan Commr'M,entfor•purposes of this Contract. 409 U. APPLICABLE LAW AND VENUE: This Contract shall be corzskt:ed in accordance with the laws of the- State of Florida and venue for resolution of all disputes, whether by mediation, arbi Talion or litigation, shall Re in the county 457 where the Real Property is located. nos 45e V. FOREIGN INVESTDAENT IN REAL. PROPERTY TAX ACT ("FiRPTA"): lie seller of U.S. teal property is a';oreign sac 13,9490114 as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires the buyer of the real property to 50t Withhold 10% ate. amount realized by the setter on the transfer and remit the withheld amount to the Internal Revenue $ery_ioe ORS) unless ap exemption to the requiredtftho wiiding, app`s or. lire seller has obtained. a Wit)rhpldrrrg so3 933 Certificate from the IRS authorizing a reduced amount of withholding. Due to the complexity and potential risks of s FIRPTA, Buyer and Seller should sees legal and tax advice regarding compliance, pertiatYarty if an "exemption" Fs claimed on the sat of residential property for $300,000 or less. sus sae (i) No withholding is raquired under Section 1445 if the Seller Es not a "foreign person,- provided Buyer accepts proof ear of same from Sailer, which may Include Buyer's receipt of c caation of non -foreign statue from Seller, signed under sae penalties of perjury, stating that Seller is not a foreign person and containing Seller's name, U.S. number and home address (or office address, in the cese cf an e PR identification ). sus Otherwise, Buyer shall withhold 10% of the amount realrted by Seiler on)e tender and timely remit aid funds to the 510 IRS. 512 eta (ii) eSeller has received a Wiihholt ng Certicate from the IRS wi ech provides for reduced or eliminated withholding in era this transaction and provides same to Buyer by Closing, then Buyer shall wlifihold the reduced swn, if any required, and timely remit said funds to Lire IRS. Sts a514(opif prior to Closing Sailer has submlted a completed application to the IRS for a Vdithholding Certificate and has 516 provided to Buyer the notice required by 26 CFR 1.1446-1(o) (2)(1)(B) but no WA/holding Certificate has been recei'jed 617 es of aft, either (a) a shag, at Closing, withhold 10% of the amount realized by Seiler on the transfer and, at Buyer's sss () ely remit the withheld funds to the IRS or (b) piece. the funds in escrow, at Seler's expanse, with an ste escrow agent selected by Buyer and pursuant to terms negotiated by the parties, to be subsequently casbursed In 52n accordance with the Wrthholdrang Certificate Issued by the RS or remitted directly to the IRS if fire Seller's appiicatioop is rejected or upon terms set forth In the escrow agreement. ea2 521 ea (iv) tri the event the net procdue Seller are not suifidenttomeet the Wititholdingrequirement(s)inthis transaction, Seller shall deliver to Buyer, at Closing, the additional COLLECTED funds necessary lo satisfy the npp11cable r: regufrsmeht Fund thereaitr Buyer shall timely remit said funds to t he IRS or escrow the funds or disbursement in EZ: accordance vviT the feral deterrnination of the IRS, as applicable. 3/4 iii Buys Engles Pages ail SelleYs tnilials,1 FloridaRe at or3/FtonciaBsr-4st5-2 lav af13 0 2015 Florida Realtors aid The Flar)da Bar. All rights r sewed. I., sirta 004323.701285182317 for'I37CS?fntlic �' - J I 38 STANDARDS FOR REAL ESTATE TRANSACT/ONS ("STANDARDS') CONTINUED s2s (v) Upon remitting funds to the IRS pursuant to this STANDAR), Buyer shall provide Seller copies cif IRS Fomks 8288 528 end 8288-, as Zed. 52 W. RESERVED sae X. BUYER WAIVER OF CLAIMS: To the extent permitted try law, Bayer waives any claims against Seller and E29 against any real estate licensee involved in the negotiation of this Contract for any damage or defects Oso pertaining to the physical condition of the Properly that may exist at Closing of this Contract and be ss; subsequently discovered by the Buyer or anyone claiming by, through, ander or against the Buyer. This En provision cloaS not relieve Seller's obligation to comply with Paragraph IOW. This Standaraf X shall survive ms Closing. :.s4 ADDENDA AND ADDITIONALTERMS 19. ADDENDA: The following additional terms are Included in the attached addenda or riders and incorp0Mted into this ssa Contract. (Check If applicable): Q A. Condominium Rider QM. Defecfrue Drywall D X. Kick -out Clause Q B. Homeowners' Assn. 0 N. Cees ai Construction Control Line 0 Y. Seller's Attorney Approval Q G. Seiler Financing Q 0. Insulation Disclosure ❑ z. Buyer's Attorney Approval Q D. Mortg-age Assumption 0 P, Lead Based Paint Disclosure Q AA.Licensr~e-personal Interest in Q E. FNIWA Financing (Pre -1978 Housing) Property 0 F. Appraisal Contingency - 0 Q. Housing for Older Persons QBD.Bind] Arbitration rbitration Q G. Short Sale 0 R. Rezoning 0 Other Q H- Homeowners -Mood Ins. Q S. Lease Purchase! Lease Option Q L RESERVED 0 T. Pre-Closarg Occupancy by Buyer Q J Interest -Bearing Act 0 U. Post -Closing Occupancy by Seller Q K. RESERVED 0 V. Sale ofPuyet's Property 0 L RESERVED M W. Back-up Contract �� GA- AO 3- b P `iS L 357' 20. AD TI HAL TERMS: Purchase contingent • approval vlil's: Indian River Board of County Commissioners ssa x ' Guff L( V t. .. �_ . -` }t-• �. (7� z,. r, t*) Car:, a. 6 c rt -� 539 540 041 842 043 544 695 546 547 548 549 550 551 552 553 sss COUNTER•OFFERFREJECTION 5ss' 0 Seller counters Buyer's offer (to accept the counter--ot%r, Buyer must sign or initial the counter. offerer] terms and deliver s*s a copy of the acceptance to S&Ier), ssr 0 Sefiarrejects Buye offer. sss THIS IS INTENDED TO BE A LEGALLYBINAiNG CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF ass AN ATTORNEY PRIOR TO SIGNING 580 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. set ApprvvaI of this form by the Florida Realtors and The Florida Bar does not constitute an opinkm Emil -any of the tams and sto corici ons it) tills Contract should be accepted by the parfss in a particular transaciioa. Terms and conditions should be s53 negotiated based upon the respective interests, objectives and bargaining posriops of all Interested persons. ( 1 B140iniflals `-_ Page 7n of 11 Bases initials _IJ Rbri eaktra+Fla�dagar-AS3S-2 RtvAt;3 CD 2043 Florida Reattoreanct The Florida Bar. All r ] rt. resery d. f J 6pk1t 3479S1430338-U34S*4 39 ssa AN ASTERISK (*) FOLLOWING A LINE NUh4BER IN TI -IE MARGIN INDICATES THE LINE CONTAINS A BLAN}( TO BE ss; COMPLETED. ass 537 ssa• Buyer: seg 670 571 572 Buyer. S74 675 079 TT 67 578 Sao 531 3' 5a4 sas 13 - s address for purposes of notice ssr Smiler. 1801 27th Street 588 Veto Beech, Fid 32960 sea - 5.90 BROKElt listing and Cooperating Brokers, any, named below( re ectivey, 'Broke), athe Only Brokers ertiEied to s i compensation in connection with this Contre In& action t4 502 disburse at Closing the full amount of the brokerage fees as specified n sep> �� andbrokeBuyer direct Gwjjf Agent to see and cooperative agreernents between the Broke Peexte In Broker separate retained agreementsmib the rowed 054 ands. This Contract shall not mot* airy MLS or other oche eof cont stoker has retained sures fess iron the Braker 595 Cooperating Brokers. compensation made by Seller or Listing $raker to 538 537' 590 Cooperating Sales Associate, if any 5,37 ern' Cooperating Broker, if any Date: a —2,0—? Of`/ Date= Date_ Dge5 _at? Sellars address for purposes of notce 1836 43rd Avenue Vero Beach, ootids 329 S. Mark Baker Listing Zeiss Associate Baker Realty. LLC Listing Broker FlorideRerflors/Forida3arASIS-2 Ro st/3(02093 Florida RePage 11 a it altors* d anih serdaik ns�sr--rea.�seo r e taorida S �r A11 rtghts cesetved forres.implicipy 40