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Home My WebLink About1999-243X1 ASMC.NABUJW:(CHE(.'K O',II,Y ONF:): Buyer [ j may assign and thereby be released from any finrtha liability under this Contract; i _ 1 MAYO-1110 but no., be released from liability under this Cootred;orX may not assign this Contract. CIL DISCLOSURES: (a)Radon isa naturally occurring radioactive gas that when aam u[ated in abuilding in sufficient quanthieamay presentheahh risk'" persons who are egwsedlo itover time. Levels ofradon that exceed federal and dategtidelinen haveheeh found in buildinppih Florida. Additional infonrution regarding Radon or Radon testing may be obtained fiomyour County Publicileahhuph. (b) Buyer mayhave dctamis od the energy efficiency ratingofthe residential building ifany is lasted on the Real Property. (c) lfthe Real Property includes pre-1978ttaidential houningthen Paragraph X (h) is mandatory. CID. MAXIMUM REPAIR COSTS: Sellershallnot heresponsible for the payment ofostsitexcess of for treatment and repair under Standard D (ifblank then 260 ofthe Purchase Price). (b)SN/AforrepairandreplacemantunderSlandardN(ilblankthen3°ooflhcPurdtasePrice). XIV. SPEUALCILAUSES: Ifadditional space isrequired. attadiaddendum and CHECK HERE r] . THIS iS INTENDED TO ATEA LEGALLY BINDING CONTRACT, IF NM FULLY UNDERSTOOD, SEEKTIiEADVICF OF AN ATTORNP.Y PRIORTO SiGWG. TIJIiS.IFORM HAS BEEN APPROVED BY THF. FLORIDA ASSOCIATION OF REALTORS AND Ti E FLORIDA BAR Approval snot conttlMta °i' then that -ofthe terms and wnditions in thiaContra r hould he awepted by the paries in a particulartransmion. Term dwrtdirionsrho ! e negot d bated upo herespedive interests. objectives bmgd gp t ;m?e esfed p sons 09-21 -99 Yer) AenAeth R. Maeht, Chairman[ (Date) (SeI err Burl y o t=ae, Jr. (Dale) Social Security or-Taxf.D. # ad' of Co Comaiasipo�- Social Security or Tax I.D. M (Buyer) William NN p alai ,SRPA sRA(Date) (Seller) (Date) Social SeeuritycrTax l.D. 0 Right—o ar]W Agent . Social Security or Tax I.D. k Deposit under Paragraph il(a) received; iFOTHER THAN CASH, THEN suB3ECCTOCI.EARANCE. BROKER'S FEE: The brokers named below, including fislingandcooperatingbrokers, are the onlybroken entitled to compensation in connection with this Contract: Name, L istingBroker cooperating Brokers, ifany — --- STANDARDS FOR REAL UWATETRANSACTIONS A. Evidence ot91Re:(1) An abstract oftilleprepared or brought current by reputable and esistingabstrad firm(ifnot exislin&that certified as carred by an existing firm) purportirgto been accurate synopsis ofthe instruments affedmgtitleto the Real Property recorded in the publicrecordsofthe wuntywherein the Real Property is located through Efiedive Date. It shall commerce with the earliestpublicrecords, or such later date as maybe customary in the county. Upon dosing ofthis Contract, the abstract shall become the property of Buyer, subject to the right of retention thereofby first mortgagee until fntlypaid. (2) Atitle insurance commitment issued by a Florida licensed title insurer agreeinglo issue Buyer, upon recording ofthe deed to Buyer, an owner's policy of title insurance in the amount ofthepurdrase price, insuringBuyer'stitleto the Real Property, subject onlyto liens, encumbrances, exceptions or qualifications provided in this Contract and those to be discharged by Seller at or before dosing Seller shall conveymarketable title subject onlyto liens, encumbrances, exceptions or qualificat- ions provided ihthis Contract. Marketablca— tittle shall be dneed awordingtu applicable Title Standards adopted by authority ofTbe Florida Bar and in aword- ance with law. Buyer shall have 30days, ifabstrad,or5days,iftilleconmhitment,fromdateofreoeivingevidenceoftiletoexamineit.)ffid isfounddefxtive, Buyer shall within 3daysthereafier, notify Seller in writingspeWngthe defed(s). II'defed(s) render title unmarketable, Seller will haw 30days from receipt of notice to remove the defects, failing which Buyer shall, within five (5) days after expiration ofthe thirty (30) day period, deliver written notice to Seller either: (I) extending thetime for a reasonable period not to exceed 120 days within whidi Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be immediately returned to Buyer. If Buyer fsilsto so notify Seller, Buyer shall be deemed to have accepted thetitle as it then is. Seller shall, iftille is found unmarketable, use diligent effort to carred def xt(s) within the time provided therefor. If Seller is unable to timely corredthe defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract. B. Purchrne MoneyMorgw; Security Ag etmentlo Seller. Apurchase money mortgage and mortgage note to Seller shall provide for a 3(ldaygrace period in the event ofdefauh ifa first mortgage and a 15 -day grace period ifa second or lesser mortgage; shall provide for right ofprepaymentin whole or in part without penalty, shall permit acceleration in event oftransfer ofthe Real Property, shall require all prior liens and encumbrancesto be kept in good standingand forbid modifications ofor future advances under prior mortgage(s); shall require Buyer to maintain policies of insurancecontaining a standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within the term "e#ended coverage endorsements" and such other risks and perils as Seller may reasonable require, in an amount equalto their highest insurable value; and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Sella mayonlyrequire clauses and coverage customarily found in mortgages, mortgage notes and security agreement' generally ulilimd bysavingr and loan institutions or state or nation at banks located in the countywherein the Real Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be mbjed to the lien of a security agreement evidenced by recorded fin ancingstate encs. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence oftitle and to examine same, mayhave the Real Property surveyed and certified by a registered Florida surveyor. ifthe surveydisdosesencroachments on the Real Property or that improvements located thereon encroach on setback lines, ease- ments, lands ofolhers or violate any restrictions, Contract covenants or applicable governmental regilation, the same shall constitute a tide defied - D. Termites: Buyer, at Buyer's expense, within the time allowed to deliver evidence oftitle, mayhave the Property inspected by a Florida Certified Peri Control Operator ("Operator") to determine ifthere is any visible active termite infestation or visible damage from tennhe infestation in the Property. Ifeither or both are found, Buyer shall have 4 days from date of written notice thereofwithin which to have cost of treatment, if required, estimated by the Operator and all damage in- spected and estimated by alicensed builder orgeneral contractor. Seller shall pay valid costs oftreatmentand repair ofall damage uptothe amount Prn,40w-A ^ Faragapia ;::iiia j. ifesiinmren was exceeuthat amount. Buyer shall have the option of mnkelingthis Contradwithin S days after receipt of wntradoes repair estimate by givingwriden notioeto Seller or Buyer mayeledto proceed with the transaction, and rewire n uredo at dosmgon the amount provided in Paragraph XIII(a). 'Termites" shall be deemed to include all wood destroyingorgan isms required to be reported underthe Florida Ped Control Ad, as amended. F Ingress and Ems: Sege warrants and represents that there is ingress and cgressto the Real Property sufficient for its intended use as described in Paragraph VII hereof titleto vdhidn is in awnrdance with Standard A. E. Leases:Seller shall, notleasthan 15 days before dosing fimishto Buyer copiesofall written leases andestoppel [cuffs from each tenant Vedfyingthe nature and duration ofthetenants occupancy, rentalrates, advanced rent and security deposits paid bytenant. IfSeller is unableto obtain such letter from cad, tenant, the same information shall be fumished by Seller to Buyer within thattime period it the formofa Seller's affidavit and Buyer may thereafter contad tenants to confirm such information. Seller shall, at dosing deliver and assign all original leases to Buyer. G. Liens: Seller sh all furnish to Buyer attimo of dosing an affidavit allestingto the absence, unless otherwiseprovided for herein, of any financing statement, claims of lien orpotenlial lienors known to Seller and further amednngthal therehave been no improvements or repairs to the Real Propedyfor 90 days immd- istelypreoedingdateofdosing IftheReal Propertyhasbeen improved orrepaired within that time, Seller shall deliver releasesor waiversof construction liens executed by all general contractors, subcontractors, supplies and materialman in addition to Seller's lien affidavit settingforth the names ofall suds general wn- tradors, subcontractors, suppliers and materiabmen, further affarm'vhgthat all charges for improve me tsor repairs which could serve as a basis for a construdion lien or a claim for damages havebeen paid or will be paid at the dosingofthisContrad. IL Place of CIosint: Closing shall be held in the county wherein the Real Property is located at the office ofthe attorney or other dosin g ager des. ignat d by Seller. FAIL/BARA Revised 12/95 (C) 1994. Florida Association ofReshors(R) P.O. [lox 725025 Orlando, Florida 32872-5025 All Rights Reserved Page 2 of 3 'Ibis form is licensed foruse by1SO-McAllister Puhlishing303.546b355 [• I.Time:In co:ripulingtimeperiods of less than six(6)days, Saturdays, Sun daysand state or national lop I tic I idays shall be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a lepalhalid ay shnll extend to 5:001). in ofthe nexd business day. Time is oftheessence in this Contract. .t Documents f1arC7osing: Seller that fiumidh the deed, bill ofsale, uonstrudion lien affidavit, n•.mier a posscsaien a0idnvit, assignments of leases, ten and and mor- tgAgee estoppcllettersand corrective instruments. Buyershall fumisn dosing statement, nuutprage,morlpagenote, security agreementand finandrigdatemsents. K Expenses: Documentary stannpson the deed end recardingof corredive inOrmunts shall be paid by Seller. Do anhhen(aryxt,u pIan d intangible taxon the pur- duse money mortgage and any mortgage assumed, and record ingofpurdhase money morlpige to Seller, deed and fn andngstalement3 shalt be paid by the Buyer. Unless otherwise provided bylaw or rider to this Contract, charges for the toIlowingrelated tit to services, namely title or abstract charge, title examination, and settlement and dosing fee, Lhall bepaid bytheparty responsib lefor fumishingthetitle evidenceih accord ancc%ith Paragraph V. L Pro mtons;(}edlts:Taxes, assessments, rent, interest, Insurance and otherexpenscs ofthe Nopertysha]Ibe prorated through the daybefore dosing Buyer shall have the option oftaking over existingpolicies ofinsuran cc, if assumable, in which event praniums shall be prorated. Cash at dosing shalI be increased or de- creased asmayberequiredbyprontionstobe mid ethrough day prior to dosingor ocLupancyifomiponcyoccurs before dosing Advan cerent and searhydep- ositswillbe credited to Buyer. Escrow deposits held bynortpgee "it I be aceliled to Seller. Taxc.sshall be prorated based on the current year's tax with due &I low. ance made for maximum allowable discount, homestead and other excniptions. Ifilosing occurs at a date vvhen die airrent year's millageisnot fixed and current year's assessment is available, taxes will be prorated based upon sudh assessmcttt and prior year's millagc. Ifarrenl year's assessment isnot available, then taxes will be prorated on prior year's tax. Ifthereare completed inprovementsontheRealPropertybyJanuarylstofyearofdosing which improvements were not in existence on January Id of prior year, then taxes All all bcprornted based upon prior year', ioil I,;;r. and at An equitable A%icasmeot to he totted up nn between the parties; railingwhich, requedshallbe madello the CountyProperty Appraiser rot in in formalnscesssent laking into tcmuntavailable exenpfions. AUxprora- tion based on an edimale sliall, at request ofeither party, lie readjudad upon reccipl of tn,x hill on auulition ditto ,tAtenxntto that eired k signed at dosing K SpedalAssessmentUtru;Ctrtified, confirmed and ratified special assessment liens as of date ofdosing(notas of EQodive Date) are to be paid by Seller. Pend inglieuasofd ate ofdoaingab all beassumed byBuyer. IfNeinprovemcnlhasbent substantiallymnglciedssofEf)bdiseDate, anyptndinglien shallbe considered certified, confirmed or ratified and Seller shall, at dosing be dhargcd an amount equal to Ne Iasi estimate or assessment for the improvement by the publicbody. N.Iruptirlon RepalrandMaintenance:Sellerwsrantsthat,ssofl0dayspriortodosingdiemiling,roaf(indudingthefasciaandsofiu)andexteriorand'vh- teriorwalls, found at ion, seswaIN(or equivalent) and dod(age do not Itaveany Visit) IcEvidc(htic ofleaks, water damage orstrudura] damage and that the septic Unk,poo I, All app Ilan oes, median ical he", heating coo I in& cledrical,plu nib in gsystcim arid ni.ich in cry are in Working Condition. The forego ingwirranty shall be limited to the Rens specified unless otherwise provided in an addendum Buyer may, at Buy'er's typensie, have inspedions nude ofthose iters by firm or ind. ividual specializing in home in spectiont and holdingan occupational lieenseforsudh perp o ie (if required) or by an appropriately licensed Florida contractor. Buyer ilia Ili prior to fyuyer's occupancy or not less Non IOdays prior to dosing whichever nit urs fir it, report in wrkin gto Seller such hems that do not meetthe above standards asto dared& Unless Buyer timely rep oru such defedi, Buyer shall be deenied to It ow waived Seller's warranties as to defeat not reported. Ifre- pairsor replacements are required to comply with this Standard. Seller shall cause thcmlo he made and shall pay up to the amount provided in Paragraph X111(b). Seller Is not required to maks repairs or replscemhents oft mrmeticnature unless mu"d by a defed Seller is responsible to repair or replace. Ifthe cod for rush repairer replaoemenlexmedsthe amount provided in ParagraphXlll(b), iluyerarSeller nuycledtopsysudhexcess. failingwhidn either party mayancelthis Contract If Seller is unable to cored the defeds prior to dosing the costthereofshall bepAid into escrow at dosing Seller shall, upon reasonable notice, provide utilities service and aweta to the Property for inspections, including awalk4hrour)n prior to dosing to con riirmthstall hens of Personal Property arc on the Real Property and, subject to the foregoing that all required repairs and replacetnents bave hem made and thatthe Property, indudin , but not limited to. lawn, shrub- bery and pool, ifany, has been maintained in One condition existing as of Eflodive Date, nrdinsry wear and test excepted. O, RlskOffnsa:lfthe Property is damaged by fire or other asuahybefare dosing and ort of restoration does not exceed 3`4 ofthe masessed valuation ofthe Property so damaged, cotiofredorstionsh oil be tin obligation ofthe Seller and dosin gsh 311 proceed pursuant to the is" ofthis Contract With redorstioncods escrowed N dosing ifthe coslof restoration exceeds 3% ofthe ss.csscd vslusfien of the Property so damaged, Buyer shall have the option oftaher taking the Properly as is, together with either the ll%or any insurance proceeds payable by viutue ofsueh Inns or damage, orofancelingthis Contract and receivingretum ofthedeposh(s). P. PIsiceeds of Salt; (losing Procedure: Th a deed shall be recorded upon clemm ee off cods. Iran aborad of titla has been rumished, evidence oftille sh all be continued at Buyer's expense to showtitlt in Buyer, without anyencumbrances or chance whidu would render Seller stale unmarketabltfiomthe dattofthe lad evidence. All dosingproceedssull beheld in escrow by Seller'satomeyor other mutuallyaceptable escrow agent for a period ofnot more than S days after dos- ing dale. if Seller's tale is rendered unmarketable, through no faith of Buyer. W)w shall, with in the 5:'ayperiod, notify Seller in wrkingoftha defied and Sella shallhave 30 days from date or receiptofsudnrotificationtosurethedefied.IfSelleffailstotimelyLurethedefed,alldeposit(s)anddosingfunds shall,upon written demand by Buyerand within 5 days allet demand, beretumed to Buyer and, simuhantonriywith sudh repayment, Buyvr shall return the Personal Prop. city, vacate the Real Propt lyand reconvey the Propertyto Seller by qu(aal wwrantydetd and hill of We If Myer fails to make timely demand for refund, Buyer Ali all take title as is, waiving all rights against Seller oto any intervcningdefed excrpl as may be availahleto Buyer by virtue of warantin contained in the deed or bill ofsale. If* portion ofNe purdhsit price is to be derived Dom indeutionalfmmnungor refinancing requirem+mts ofthe lrndingirdaution uloplace, lime ofdayandprocedures for dosing andfor disbursementofmortpgeproceedsil,admnlrolovermntrariprovisionLit`risGrntrast. Sellashsllhawthetightlo require from the lending institution a written cornrnitinenithat R will not withhold ditbursement of mortgage proceeds as a result of any title defeat attributable to )Myer-fnortpgor. The scow and dotingprocedure required by this Standard shallbe waived if thetale agent issurn adversemriten purwant to Section 627.7841, F.S., as amended. Q. Fwasaw: Any escrow agent ("Agent") receiving funds or equivalent is suthorimd and agrees by seneptanceof them In depots them rronptly, hold amt in ewow and, subject to durance, disburse them in macord nhce with tens and ohm J u tun u.l 11- Cunhrad. I'arlure of f cods to dear droll not mxcuae fsuyn'a rerfot- m,mce. Ifin doubt t to Agent's duties or liabilities under the provisions ofthis Contras, Atv„t cosy, at Agent's option, continue to hold one subject matter ofthe escrow until Ili a partica hereto agree to its disbursement or until a judgsonent ofa courtnfornpetent jurisdedion ah all deterrmire the riou ofthe parties, or Agent may deposit umewith the derk ofthe dreua court havingjurisdidion ofthc dkpute. Upon notifying all partiesconeemed ofsudh action, all liability on the p art or Agent shall fully terminate, except to the txdenlofaosxuntingrotmyitenuprevioullydeliveredout ofesuow. Ifelicessedreoledatebroln. Agrntwifl complywith provisions of Chapter 475, F.S., as amended, Any Act R between Boyer and Seller wbereih Agent is nude • pasty because ofactingasAgenl hereunder, or in any suit wherein Agent interpleads the subject matter ofthe escrow, Agentstall Iecnvcrreasonable atiemeysfret anitcowincurred with these amounuto bepaicifromandoulofthe escrowed funds or equivalent and dhargedand awarded asco-It-asinfavoroftheprcvsilingparty. The Agent shalt not be liable to f anypartyor person for madelivery to Buyer or Seller ofilems subject to the escrow, unless such misdelivery is due to willful breadh ofthe provisions ofthis Con- tractor gross negligence of Agent. R.AOorrney'tFeeslChau:Inanylitigplion,includinghreach,enforcementorinterpretation. arising out ofthis Contract, theprtvailingparlyinsudhlaiption, which, for purposes ofthis Standard, shall include Seller, Buyer and anybrokers ading in sgvncyor nonsgency relationships muthmimed by Chapter 475, F.S., as amended, shall bemtifled to recover from the nomprevailingpartyressonable anamey's fres, cods andexpensea. S. Failure of rerfomnuha: If Buyer Oils to perform this Contract within Ne Bole.-l—if,cd, inducing payment ofall deposits, thedeposa(s) psidby Buyerand deposit(s) agreed to be paid, maybe recovered and retained by and for the aanunt orScllcr as silted upon liquidated damages, consideration for the execution of this Contract and inRtllsettlemenlofanyclaims; whereupon, Buyer and SellcrsthallbercliewdofallobliptionsundefihisContrad; or Seller, stSeller'soption, may proceed in equaylo enforceSeller's rights under this Contract. Iffor any reason other than failure ofSellerio make Sellers title marketable after diligent effort, Seller fails,ricoeds or refuses toperform tnisContrad, NeBuycr mayseel: rpecifhcperfhrmanceoreled toreceive the retum of Iluyer's deposit(s) without thereby waiving any action for damages resulting fiomSeller's breach. T. (bnhad Nol Rem rdable; Persons Bound; Notice: NeiNer this Contrast nor mynut i(h- of it shall be recorded in any publiciesords. this Contra, .hall h;.,d and inure tothe bahefrtofthe na,i- ao,r u..e..;h�r_.c;ai�,'-, aLcucrar[Ihe anneal pcnuds, singular shall indude phrral and she gender -limit indudeall. Notice given by or to lie attorney for any party shall be as effective as ifgivoh by or to Nat party. U. anveyance: Seller shall convey title to the Real Property by statutorywarranty, trustee's, personal representative's or guardian's deed, as appropriate to Ne status of Seller, subject onlylo matters contained in Paragraph VII and Nose othensise aevpted by Buyer. Personal Property shall, atthe request ofthe BAhyer, be transferred byan absolute bill ofsale with warranty oftitle, subject onlylo such matters as nay be otherwise provided for herein. V.Other Agreattnts:No prior or present agreements or representations shall bebindingupon fluycr or Seller unless included in this Contract. No modification to or dhange in this Contract shall be valid or bindingupon Ne parties unless in vu iting And execrtcd bythe party or parties intended to be bound by it. W,Warmly! Sell" warrants that there are no facts known to Seller materially alfcctingthe value ofNeProperty whidnare not read ily observable byDuynor whidhhave not been disclosed to Buyer. The Florida Association ofReaftors and local Board/ Association ofRcaltors make no r Pres mentation as to the legal validity or adequacy of any provision ofthis form in any specific transaction.'Ihissiand art] iced foriu shoo let not be used in conplex transaction s or with extensive II riders or additions. This font is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR(R). REALTOR(R) is a registered col led ive mcnib ersh ip nuirk that way be it sed only by real estate Hum sees N%fi o are members ofthe National Association of REALTORS(R) andwho subscribe to its Code of Ethim Th a copyright laws ofthe United States (17 U.S. Ccde)forbid Ne unauthorized rep rodudion ofb lank forms by any mean s.indud ing facsimile or computerized fours. FAR/BAR4IV95Copyrighll995, FloridaAssodetionofRenhors(R) P.O.Nox725025 Orlando,11orida32872-5W5 All Rights Reserved Page 3of3 'this form is licensed for use by ISO -McAllister Publishing 303.546-6355 40 rn .p v 0 (n N rnLn J >• I 04 O:" 0 0 co rD S W N r0 0 O ACAD DWG. FILE: OSLO43RD.DWG Plotted 8-31 L ----- 50' Q 50 13 0 moo_ a f'1 C Gm Z p pO ?�,� F V)000 .«U100 N W Z 7•S0w0 I Inn D s Q tD 0 0. 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