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HomeMy WebLinkAbout2000-263z� THIS FORM HAS BEEN APPROVED BY THE 7 -j FLORIDA ASSOCIATION OF REALTORSO AND THE FLORIDA BAR. + t9Q- ` Contract for Sale and Purchase FLORIDA ASSOCIATION OF REALTORM AND THE FLORIDA BAR, •1 PARTIES: (`Seller") 2 of _ 1j6 3rd Av( ue Sji. veno Head. Fjgrida 3a4 (Phone) (541) 778-25SO , '3 and Indian River County. a nolitieAJ_j. tbsii3AsJQn_of the State of PlogfdA (`Buyelrl, 4 of 1840 25th Straal �Y g_>leach. Florida 32964 (Phone) (961), 567_Q.M. , 5 hereby agree that Seller shall sell and Buyer shall buy the following described real property and personal property (collectively 6 "Property) pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract'): 7 I. DESCRIPTION: •8 (a) Legal description of the Real Property located in radian ,liver Counly, Florida: 9 BSA_1 !gal dl@ '. .tri "Aw and H■ at rrlrwei ha Ne rnA wide a_v,;rt_herrol. 1D 58th Ave.4_let St. SW Fronoaed R/W,�Parc@],e Io51i i I451W• cgp�elaina a total of, 33 acre • 1 i 4009M., ------ An _follown r L•a • ,�] $ 6441Ao a , 5.148 4e, r T '12 Oak Tres S1.444.4Qj_gQplacement Artes, Mall__(R@x Fro2osa1) 96 4440*' 13 Saverance Ilsmetae to bldu. $8.243.24r Increase in Insur.Prenritmi for AlAn. nvAi wn.a 14 -conformity of eq_>r- T 15 It. PURCHASE PRICE:VaIIJ°r..tiS1Sl9--axaxe..of..a.liven.a..l0.year,.jlDlding..perjod .. q,M.71_....,....5 16 PAYMENT: Grand Total of $29,704.91 Proposed Purchase Price. '17 (a)Deposit held in escrow by (Escrow 118 Agent) in the amount of ............................................ ................................. ................. .... - ......... .......$ Oh '19 (b) Add it io na I escrow deposit to be made to Escrow Agent within days after Effective Date (see 120 Paragraph III) in the amount of.............................................................. .........................................................................5 '21 (c) Subject to AND assumption of existing mortgage in good standing in favor of 22 hLving an approximate present principal balance of ...................$ '23 (d) New mortgage financing with a Lender (see Paragraph IV) in the amount of ....................... ....... _.............. $ '24 (e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of ..................................$_ '25 (1 ) Other: $ 26 (9)Balance to close by U.S cash or LOCALLY DRAWN cashier's or official bank check(s), subject '27 to adjustments or prorations ........ ........ ........ ................. .......S 28 III. TIME FOR ACCEPTANCE OF OFFER; EFFECTNE DATE; FAMMILE. If this offer is not executed by and delivered to all parti '29 OR FACT OF EXECUTION communicated in writing between the parties on or before - 15-D", �� , the deposit(s) � 30 will. at Buyer's option, be returned and this offerwithdrawn. For purposes of delivery or notice of execution, parties include Buyer r(�r 31 and Seller or each of the respective brokers or attorneys. The date of Contract ('Effective, Date') will be the date when the last 32 one of the Buyer and Seller has signed this offer, A facsimile copy of this Contract and any signatures hereon shall be Considered`f 33 torah purposes as an ongina1, Please Note: This Contract i s Subject to Irl[ 34 IV. FINANCING: '35 ❑ (a) This is a cash transaction with no contingencies for financing; 36 (] (b) This Contract is conditioned on Buyer ahtaining a written loan commit '37 (CHECK ONLY CINE): ❑ a fixed; Elan adjustable; or ❑ a fixed or adjt 138 $ , at an initial interest rate not to exceed _ % , disco 139 of principal amount, and for a term of years. Buyer will make app, 40 'Effective Date and use reasonable diligence to obtain a loan commitment on, 41 the commitment and close the loan. Buyer shall pay all loan expenses. H Buy 42 Buyer's rights under this subparagraph within the time for obtaining a comm 43 terms and conditions of the commitment by the closing date, then either pan 44 cancel this Contract and Buyer shall be refunded the deposit(s); or '45 ❑ (c) The existing mortgage, described in Paragraph Il(c) above, has: ❑ a va '46 % per annum. At time of title transfer, some fixed interest rates are sul '47 exceed - % per annum. Seller shall furnish a statement from each mod 48 payment, interest rate and status of mortgage or authorize Buyer or Closing A 49 assume a mortgage which requires approval of Buyer by the mortgagee for ai 5e, necessary application and dili ent I t Indian Ikivr•r Coanly Approver) -' Vale I Prdrrrinis l.ra lion i IskddgteI 1 egat k,sk Atana,gen esrt 1 Public Works -1 Dt!rarrmed.t Gr ''W" t' e-17-- �9} I I W ty Comp e e and retum it to She mot tga 151 $ (1% of amount assumed if keit blank), shall be paid by I 52 the requirements for assumption are not in accordance with the terms of 1 53 excess of the stated amount. Seller or Buyer may rescind this Contract by 54 elects to pay the increase in interest rate or excess mortgage charges. 155 V, T rLE EVIDENCE: At feast - hays before closing date, (CHECK ONLY ONE): ❑ Seller shall, at Seller's expense, deliver 56 to Buyer or Buyer's attorney; or ,X Buyer shall at Buyer's expenso obtain ]abstract of title; or 9 title 57 insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's 58 policy of title insurance. '59 VI. CLOSING DATE:This transaction shall be closed and the closing documents delivered on -ox-before 6e, gy:. , 60 unless modified by other provisions of this Contra from "Effective Date' (See III) 6e4—V I and sailor (_ _ r [ l I act.+,owlyd r r�ui l cd a on 0 p AY ar thio pap r. FAR1BpH.5 Rei. er9E RIDERS CAN BE OBTAINED FROM THE, FLORIDA ASSOCIATION OF REALTORSO OR THE FLORIDA DAR This Corm rs incensed for use with FneTrK4Int9rr+ Forms Software by ISG McAllister Publishing, Inc. 800.33e.9027 Nlrte; This is a Revised Untract which replaces all previous submittals or offers. CI 40 LI 61 Vii. RESTRIC1KINS; EASEMENTS; I IMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, 62 restrictions, prohibitions and other requirements imposed by governmental authority: restrictions and matters appearing on the 63 plat or otherwise common to the subdivision; outstanding oil, gas acrd mineral rights of record without right of entry; public utility 64 easements of record (easements aro to be located contiguous to mai property lines and not more than 10 feet in width as to the 65 rear or front lines and 7 12 feet In width as to the side lines, unless otherwise stated heroin); taxes for year of closing and 68 subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided, 67 that there exists at closing no violation of the foregoing and none ,prevent use of the Property for road right-2ZzwAy 68 purpose(s). 69 Vill.00CUPANCY: Seller warrants that there arena parties in occupancy other than Seller, but if Property is intended to be rented 70 or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shag be disclosed pursuard to Standard 71 F. Seller shall deliver occupancy of property to Buyer at time of closing unless otherwise stated herein. M occupany is to be 72 delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shag be responsible and liable for 73 maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of lime of taking 74 occupancy unless otherwise stated herein. 75 DL TYPE1 RII IJ N OR HAilDWRIII I N PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all 76 printed provisions of this Contract In conflict with them. 77 X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): '78 ❑ COMPREHENSIVE RIDER D HOAEOWNERS'ASSN. D COASTAL CONSTRUCTION CONTROL LINE 179 0 CONDOMINIUM El 'AS IS' © INSULATION 160 ©VAIFHA ❑ LEAD-BASED PAINT ❑ '81 XI. ASSIGNABILITY: (CHECK ONLY ONE): Buyer ❑ may assign and thereby be released from any further liability under this '82 Contract; [1 may assign but not be released from liability under this Contract; at X may not assign this Contract. 83 XIi. DISCLOSURES: 84 (a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present 85 health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been 86 found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County 87 Public Health unit. 88 (b) Buyeracknowtedges recelpt of the Florida Building E n a rgy-Effic le n cy Rating System Brochure. 89 (c) If the real property includes pre -1978 residential housing then a lead-based paint rider is mandatory. 90 (d) If Seller is a "foreign person' as defined by the Foreign Investment in Real Properly Tax Act, the parties shall comply with 91 the' Act. 92 (e) It Buyer will be obligated to be a memberof a homeowriers'associal ion, BUYER SHOULD NOT EXECUTE THIS CONTRACT 93 UNTIL BUYER HAS REGEfVED AND fWM THE HOMEOW NERS` ASSOCIAT'IDN DISCLOSURE. 94 XIII, MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of: 95 (a) S _ n/a for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). 96 (b) S _ n/a for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). '97 XIV. SPECIAL CLAUSES, ADDENDA. if additional terms are to he provided, attach addendum and CHECK HERE ©. 98 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W an the reverse side orattached are incorporated 99 as a part of this Contract. 100 THIS IS INTENDED TO BEA LEGALLY BINDING CONTRACT. F NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 101 AN ATTORNEY PRIOR TO SIGNING, 102 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR. 103 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted 104 by the parties in a particular fransacfion. Terms and conditions should be negofiaf®d based upon the 105 respective interests, objectives and hargafnin all interested persons. 108 COPY IGHT 1998 BY THE FLORIDA BAR ANI] THE J I ASS TI OF REALTORSO '107 -✓+`_13 r I An 91r, /no '188 (Buyer) Fran B. 14dama, Chairman (Date) (Sellor IDLY International '109 Social Security or Tax I.D. 4 Rd. of Cg, commia4ig2ara Social Security or Tax I.D. #—<n-- C, 110 low.,r 7.Z1'+ovCJ `111 (Buyer) William N. Nae ar, S"A,BRA ({Date) (Seller) '112 Social Security or Tax I.D. N Riglit,of-tray Agent „ Soctal Security or Tax I.D. 11 (Date) 113 Deposit under Paragraph II (a) received; iF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE, 114 (Escrow Agent) 115 BROKERS FEE: Thu brokers named below, including listing and cooperating brokers, are the only brokers entitled to 116 compensation in connection with this Gemmel: '117 Name: a1 118 Cooperating Brokers, Harry Listing Broker a uyer ( } I 441&W",) and Salter ( 7; ) a Imarsledge raaipl of a Copy or this peg►. FARtBAR-6 Rev 6199 RIDERS CAN BE OBTA'fN£D FROM THE FLORIDA ASSOCIATION OF REALTORS& OR THE FLORIDA BAR This form is licensed for user with Fortin llaitar• Fontes Software by ISG McAllister Publishing, Inc. x017-338-1027 40 M fig STANDARDS FOR REAL. ESTATE TRANSA6TmS 120 A. EVIOIDNCE OF TME:(I) Sr, ab1lfac, or Mlle prepared Of brought current by a rapulabter and exreling abalfsel Hrm (If not existing than 121 certified as correct by an aaisting f,rn11 purporting to be an accurate synapsis Of the Inslrumenis affecting lilts tO the real property recorded in 1122 Ilia public records or the county wherein rht real property Is lacaled through Effective Data It shall Comments with the earliest public (ecords, 129 or such tater dale as may be Customary in the county Upon closing of this Contract, the abslracl enact become the property Of Buyer, nublRCt to 124 the ripet of retention thereof by Hill FnortpaQee unlit fully, paid (2) 1illo lesuranct commit M111 issued by a Florida licensed title insurer 123 Waning 10 Issue Buyer, upon recording of the data to Buyer, an owner's policy or title Itnufadce. in the amount of Ib■ purchase price, Inwrmp 126 Byyyrtr's lifts to the fool properly, subject only to I+ene, encumbrances, es, O%C aplipns OF guaNfiCsfrane. prpndad in this Co nlrset and (hos■ 10 be 1 2 7 eifcharged by Salter 'it or before closing Sailor shall convey marketable tate subject ortty to liens. encumbrances, exceptions or qualifications 128 provided in this Coniracs. Marketable eine mhaH be determined according to applicable Title Standar 6 adopted by authority of The Florida Ear 120 and in accordance with law. Buyer shall ban 5days from. date o1 racelving evidence or title lir exam_ fl. if HRs it round eersaive. Buyer 190 shall within said 5 days nilly Sailor in writing tpeeifying the defocus] If darecl(@) fonder (ilia unmarkelabia, Seller will have 30 day from 131 facelpl of nolic■ to remove the defaels, ralfrmg which Buyer shall, within fixe (5) days error axplraticn of the Wny 130) day parlod, deliver writer, 132 notice FO Seiler either, (I) exlanding the tient for a reasonable period nal 10 exceed 120 days within which Salter shall use diligent effort to 133 remove the delacls, or 171 requesting a refund Of deposit($) paid which shall be immediately returned 10 Buyer. it Buyer faits to no notify Sauer, 134 Buyef shall be Beamed 10 have accepted thr bills to m then is. Seiler shall, if title it found unmarketable, use ditigenl erfOfl to correct defectis) 135 "Ithin Ohs time provided iheratar. II Sailer is unable fo timely correct the defects, Buyer shall mother wane the defects, or receive a rQlund a, 136 depoait(s), thereby relapsing Buyer and Seller from all further abfigp,tpns under this Contract. H evidence Of title Is delivered to Buysr lose than 197 5 days prior to closing, Buyer may extend closing dale so that Buyer shall have up to 3 days from date of receipt of evidence of Iola to examine 136 same In accordance with this Standard. 199 Is. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage. nota 10 Sailer %half 140 provide lo( a 30 -day grace period in the tvs@t Of default If a first morlgaQa and a 16-dey grace period if a second or Revise mortpap*, mall 141 provide far fight Of prepayment In wholt or rn pan wlhoul penally: shall petmlt acceleration 10 Ovenl of transfer of the real properly; shall IOU uirE 142 all pito( liens and entumbrances la be kept in good standing and forbid modifications of or fulcra advances under prior morlgmgels)., shall r;purr; 143 Boyar to mami2tn pnhtras of insurance contaImaq a standard mortgagee Clause covOlmO 211 Ymprovemanls 1000led on the real property age As[ Ila fire and ail petilt included within the term •estOndcc coverage andofsements• and such other fists and peril% as Sells( may roasenabdy raq­ao, las in an amount eq"l to Shalt highest m1litabfe slue, a-4 Ina mortgage, note and security ag(eernent shall bet olherwrtd in form and content fequired 146 by Seller; but Seller may only require clauses and coverage customarily found in morlgagae, mortgage riles and security agreements gentrally 147 uNlfaad by savings And loan Institutions or (tats or national banks lgcslad in Ina county wherein the real prgpmfly Is located. All personal 1411 pr'uperty sad tool As being Conveyed of a&signed wiz, At Seller's option, be subject Iii rile Ilan of a security 09164rnenl evt 149 financing slalemeots. If a balloon mortgage, the 14`41 payfritnl will exceed The periodic pAymanls thereon. danced by rae0Fg4tl ISO C. SURVEY: Buysr, at Buyer's expense, wdhm time allowed 10 deliver evident@ of title and inn e same, may have the foal property surveyed 151 and oartif led by a ck ljn @red Florida survtyor If ,hr survey discloses ancraachmenls on Ino re 41 oraperty or that improvements located Ihareon 153 @arta shalt constitute 151 encroach on te,es, easements, lines of clherl. of violate any a restrictions, contract evenants or applicable governmental regulation, lot tut use a Mlle defect. 154 O. TERMITEBrWOOB DESTROYING ORGANISMS: Buyer, e.1 Buyer's expense, within the time showed Is deliver evidence of idle, may he" the 155 Properly f_pecud by a Florida Certified Put Conliat Operator I'Optralm") to determine If there Is any visible active lormlle Imrealation or 1'56 Mafbla damage tram termite infesrellon, escm4ing fences. If @Other or both arm [guild, Buyer shall have 4 days from date of written notice Ihereot 157 within which to have coal or Uealment, if required, estimated by the Operator and all damage inspected and estimated by a licensed builder or 158 Water contractor. Sellar shall pay valid casts 01 1(621menl and repair or SN damage up to the ampun,. provided in Paragraph %111101- 11 159 ■stlmal.ed coals exceed that amrounl, Buyer (hall hew the upllen O1 canceling this C01111410 wdirto 5 day& after fecaipt of cantf@csor•s repair 160 antitrust@ by giving written notice to Sprier of B9y4f (hay *;act to proceed with the tfsAsacluri. and ftceivw a credit at cloning an the arrewnl 162 COWR l c Paragraph %iH(a). 7armuat" shah be de4med to include all woad destroying organisms required to be Imported ander the Florida Past td? Control Ael, a% amended 163 E...INGRESS AND EGRESS: Setter warrants and represents that [here is ingress and egress to the real properly tulrtcrent for tie Inte 164 e.8 desci bed On Parag FaOh VII hereat. lYlia 10 which rs in accordance with Slanditd A. ended s@ 165 to anA specifying Sellar shall, not leas than 15gays before closing, furnish Io BuyeF COpIOS Of all written lasses and estoppel tellers. from each 186 tenant ep;cYlyYnp She nafufe and duration of In@ tenant's Occupancy, rental Islas, advanced rens and security deposit paid by tenant. Of Setter is 167 unable to obtain such lOtle( from each tenant, the some rnl04malion shall be furnished by Seller and Boyar wtthrn OHa�lrme period in she #cart of s log Seller's affidavit, and Buyer may lherealler cOntOc1 lanant 10 confirm such mforrfation Sellar nhall, a, [lasing. deliver and Assign in elf form original 169 leases 10 Buyer. 170 G. LIENS: Seller snail furnish 10 Buyer at Imre of closing an affidavit atlesling 10 the absence, unless othsrwha provided For 171 financing statement, claims or lien or potential lien UF1 known fa Seller and furlhef aHelting that that* have been no improve Is is or rn, here rnany of or to 172 the real property for 00 days Fmmediately pfecam dg date of cOasing. if Ina real property has neon imprend or repalrad wilhfr that Ilene, Seller 173 shall dsifvar relmakos or waiver@ of eonalructiod liens a%@culad by all general contraotoTo' aubcont(aclan_ supplier$ ORO rnaserl@linen in adddign 174 10 Sellers Iran affidavit %suing lorlh The nameS al all such g*neral contractors, eubconlrpCtura, suppllats and malarialmeh, further afflFming that 175 sit Charges for Improvem@nt@ Or repairs which Could'er" as a basis for a conslruellon lien or a claim for emmago@ hew Option geld or will be ,paid 176 a( the closing of this Contract. 117 H. PLACE OF CLOSING: Closing Strait he laid in the County wherein the fast properly is located a, the office of the attorney or Other closing 176 agent ('Closing Agent') designated by Sailer. 170 t. TIME: In computing It" gonads of less than it. f0 days, Saturdays. Sundays and nista or lap per,Ods provided for harem which shall end on a Satutday. Sunday, or a legal holiday lhal'I a of nitnalmnal io 5 dd p m . of the nail bis1194PI hoNdays 1111811111118111 hluded- Any lime aa axe04c dap. Time is a, lel the aasanceInthis Comrsdt. 182 J. CLO31HO DOCUMENTS: Sailer shall fufa,sh the dead, bill Of sate, cpnstrutllpn Iran affidant, owners possession affidavit. assignments of 163 losses, 1*nant and mortgagee O4loppe1 letters and corrective instrunldnts. Buyer shall furnish closing slatomant. m irlgage, mgflQage "I@ lE4 tOCUrlly agreement and Financing slslamwnts- 185 K. EXPENSES; Odeu.msnlary clamps an the deed and recording of correcllva In+tFumanis shall be paid by Seller. Documentery Stamps and tae Intangible tar an the purchase rnonay mortgage and any mortgage aeeumad, mortgagee Alla insurance comirbilmenl with fainted fees, and Iso recordingr10' is Contipurchase t money rnp 194110 lg S4116r, Used and financYhq statements shell on paid by Boyar. Unless o[harwisa provided by taw or 188 rider fa 1hP& Contract. charges fcr she fotbawing ratalmd 11110 16rvlCee, namely 11110 or abslracl Charge, title ee.emin etian, end Hlibetanl feq and dlq Sing tea, ahall be paid by iha party fpsliansibre tur furnishing the IIII6 evdpene■ Iry acCardancr with Ruagreph V. 100 L. PRDAATiONs, CRE DITa: Texas, assassme Are. ran,, Intmtes t, insurance and other expenses Of Ins Properly shall be prorated lhfough Ina 161 day before Closing. Buyer shall have the Option of faking over @x16ting policies or Insurance, it assumsbla, In which event premiums shall be 192 pf*ratmd. Cash at closing shall be increased ar detreassid ss May be required by prorsNans to be made through day prior Io erasing, of occupancy, 193 If Occupancy Occurs WWII Closing. Advance rent and s@cu(Ity deposits will be credhad to Buyer Escrow depolits held by mortgagee will be 194 credited to Seller. Taxes shall be prorated erased on,ho current ya2r's las with due allaa"CO roads for oras(mum sloe -able discount, h0meslsad 105 and Other exemptions. It closing occurs e.l a pate when the Ourreal yomrs mlNape fa notwfixed slid current year's. axaae@mans to Available, luta 196 will be prorarod bated upon such asse@sment and prior year's mfllops, If currant year's assassmenl is not available. Inert taxes will be prpraud 197 an prior year's lex. If there @re. completed Ymprowmwnls do !ho feel praper,y by Jmnuery isl p1 yrer of chalnp, which ImprOvemenle we(a not o 195 existence an January Ist of prior year, than uses Shall be prorated bated upon prior year'& tri pe pa and et sr, nqu while ■ ipfavernern s0 ba agreed l99 upon. ealxaan iha parllu; 10IIInp which, fequast shell be (nada to 1r,@ County properly Appraiser ro• an ialarouil salestn.anl taking into accuwm 200 available exemptions. A lax proration based an an aH.m2le phall, al request of either parry, be rtadjustod upon feC0lpr of lax bill i n condition 201 that A @!affront to that Offset is signed at closing. ally ar f 1 ( /rf f/ and Sell" ( t � scinvwledge forAlpt of a copy of this page. F ARISAR.5 R;v, 8196 COPYRIGHT 1998 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS® This Form is licensed for use vdlh T-Ormulatensra Fomn Sort,ware by ISG McAllister Publishing, Inc 000.3.'ID•7OZ7 t 401- .:, F-7 2127 M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and falifiad specrolAssessment liens as of data 07 closing (not as of Erpaddva Dale) 203 era to ba paid by Seiler. Pending Hans as of date of closing short be alavmed by Buys. It the Improvement hem been lu6llan;lalty comprated as 204 01 f fleellve Dale, any pending lian shall be considered urli}rad. Confirmed or fatihed and Seller %hail, at dlasing, ba charged an amounl equal I6 205 the fast efllmolo or aasaesawni for the Improvement by the public body. 206 N. INSPE CT ION, REPAIR AND MAINTENANCE: Seller warrants Ihal the ceding, roof (including the fascia and soffits) and a, ratio( and 207 Interior .8112, foundalion. seawalls (Of a'quivalenl) and dockage do nor ban any Visible Evidence at leaks, .alar damage OF slruelural damage 760 and the] the Septic tank, pool, all appliances, mechanical linml, healing, coohng, electrical, plumbing systems and machmtry ape in Working 200 Condition. The foregoing warranty shall be limited 10 the items specified unless alhomiss provided in an addendurn. Buyer may, at buys#,$ 210 expense, have inspections made of thote items within 20 days after the Effective Data, by a firm or individual specializing in home inspections 211 and holding an eccupatmonal license for such purpose (if faquirpd) or by an approprialely licensed Florida conlraclor, and Buyer shall, prior 222 10 Buyll's Occupancy, but not mora than 20 days. after Effecliva Dalt. report in writing to Seller such ilemt that do nor maul the above standards 213 as to defecls. Unless buyer timely reports. Such defects, Buyer shall be deemed to have waived Seller's warranlipm as to detects not repotted. 214 If Ferreira or replacements are ro vood la comply with this Standard. Seller shall cause them la be mads, and shall pay up to the amount 2f5 provided In Paragraph )UU(b). Seller 4% nor required to snake repairs 6r re,dracementp of a Cosmetic Conditionunless caused by a delver Seller 216 is responsible to repair or reprice. If the cost tot such repair or roplacemenl ercaeds the amount provided in Paragraph )CIIF)b), Buyer ane Saner 217 may s,leC1 t0 pay such excess, failing which either party may Centel this Contract. if Sailor Is unable to correct the dotes is prior I0 CIO21M1g, the 218 COs! thereof !hall be paid Into escrow al Closing. Seller shall, upon reasonable notice, provide utrtilieS service and access to the Properly for 219 insperetlons, including a walk-through prior to atoning, to confirm that all Hems of personal property are on the real properly and, subject to the 220 foregoing, Ihat all requited repalro end reprmctlnants have been made and that she Property, intruding, but nor timllod Io. lawn, shrubbery and perel, 221 if any, list been mainlalned rn the condition valSting 01 Of E IfeCl've Osta. Ordinary wear and rose axcepred- For purposes of this Contract. (a) 222 "Working Condition" means operating in the rmanner in which the item was desrgnad to of la; (b) 'CoSmoue: CandHron' mmpns aeslhorm 223 Imperfections trial do not street the working condition of the item, including, but nor limned to: Anted -Arctic. missing or toe" screens, ragged 226 windows. 'call. worn spots, or discoloration of floor Cuvenngs. wallpaper, or window treatments; Fart holes, scratches, dents, actaptrs, ships or 225 caulking in COrling2, walls. Footings, fixtures, or mirrors; and minor cracks in Iloors, lite&, windows, driveways. mldewalks, at pool decks, and ret 226 Cracked real Tiles, curling or worn shingles, or trmiled roof diet shall not be Considered deloels Salley must repair or raploce, so long as there is no 227 evidence or actual Peaks or leakage or siruclrual damage, but mrtsing tiles will be Seller's responsibility to replace or repair. 228 O. RISS( OF LOSS: If the Property is damaged by lire Or other casually boron closing and cost of restoration does nor exceed 3% a1 the 229 assessed valuation at the Property So damaged. cost of resioralion shall be an obligallon of Sailer and closing shall pfacsad Oufauant 16 the 230 terms of this contract with rtslofalion Costs escrowed 401 Closing. If the cost of raslwarion aaceeds 3% of the assessed valustlan of the 231 Properly so damaged. Buyer shall have the option of either taking the Properly at is, together with either the 3% or any msutsnce proceeds 232 payable by vIMUC of such toss or damage, or of canceling [his Contract and receeing return or the deposit(%). 233 A, PROCEEDS OF SALE: CL031NG PROCEDURE: The deed shall be recorded upon clearance or funds. If an abslracl of tilt# hat. been 234 lurh4a had, evidenca of HIPt than be conrinued At Buyer's expense to show tlHe in Buyer, without any enCumpraFeet or changa which would render 235 Sutler's ]11111 unnblrkelable From the dote of the fast evidence All closing prCCEe03 Shill be hood in escrow by Seller's attorney or other rnulua-ly 236 acceptable escrow agent For a period of not morn than 5 days after clattery dale II Seller's title is rendered unnuirksia.ble, through o fault or 237 Buyer, Buyer shall, within the 5 -day period, nolily Seller In writing OF the defter and Seller shall have 30 days from date of receipt of such 236 notification to cure The dsrtcl, it Sailor 18111 to timely cure the d614CA. aft de POtRls) and closing funds &hall, upon written demand ay Buyer and 230 wllhln 5 days after damand, be returned to Buyer and, slmulianeausry with such repayment, Buyer shall return the personal ptOparty, "Cate the 240 real properly and reconvey Iris Property Io Seller by special warranty doed and bill at sats. If Buyef Fails 10 make Booty demand tot refund. Buyer 242 shall take title so is, waning all tight& ags Mat Seller its to any inlet nrno defect except as may be available to Buyer cry drtuc of warranties 242 contained In the deed or Wit of seta, 11 a portion of rho Purchase price is Io till 4eriVId from inslilurions financing or rarin me, I ffiqulesmenls 243 of the lending InstBulion as to place, time of day and pros Odurea for closing, and for disbursement Of mortgage pros*n shall tomegp aver 244 conlrary provision in this COotrser. Seller shall have the tight to require from the lending Institution a written cam ads s nl that N will Fel 245 withhold ellsbursOmenl at rwrtgage proceeds as a teauH or any titre defect ■tlnbulabre to Buyer marigag Or. The et Crow and Nosing procedure use 246 required by this Standard !hall to waived it the title agent Insure& mdveefa matters pursuant to Section 627.7841, t".5,. a2 amend ad. 247 O. ESCROW: Any escrow agent (*Agent') receiving funds Of Sil lenl is authorised and Agrees by ACCOPIAnee of them to deposit Inam 246 promptly, hold same in escrow and, eublecl to clearance, d'abursA Itrtm In ACCOrdanee with terms and conditions of this Contracl Failure of 249 funds to clear shall flat excuse Buyer'& performance. If In doubt as to Agent'& duties or liabilities undat the provisions of Ihrt Conrrael, Again 236 my. al Agent's option, continue to hall the subJecl matter of the escrow soul rho parties h6r6lo agree to its disbursement ar until a judgement 251 of a Court of COmpefenl jurrsdiCtion Shall detaferr'no the rights of the parties, of Agent may dOP0111 tango with the clerk 01 Ibis circuit court hiving 252 Jurisdiction or the dispute Upon notifying all parties concerned or such acrwn, all liabrhly on she part or Agent shall dully Winners. except to 259 she eAteni or aCcounling for any ilema previously denvefed oul of escrow. If 4licensed real estate broker. Agent will cnmpry with provisions or 254 Chapter 475, F.S.„ as smvndad. Any suit halation Buyer and Seller wherein Agent Is risers ■ party because Of SCIPng as Agent hereunds,r.or in any 255 Suit whistler Agent Interpleads the subidet matter of the as Grow, Agent shall fecovaf raasonabfe attorney'& fee@ and costs incurred with thes■ 256 aniaU7iia to be paid from mod alit of the escrowed funds 6r equivalent and charged and awarded 81 court calls In favor of the prevailing patty, The 257 Aganl shall not be liable to any party of person for msereUvery la Buyer or Sevier os, Hams 4ubjecl to the Oscrow, unless such "14erivery Is duo to 250 willful breach of the provisions of this Conifect or gross negligence of Agony. 250 R. ATTORNE Y'S FE E3; COSTS: in any Iitfgation. Including breach, anrnrcamsni. or iAtvtpferatlOn, arising Out of this Contract, the prevailing 260 Party In Such rltiO400n, which, rot purposes Of this Slandard, shall inctudo Seiler. Buyer and any brokers &cling in agency Or nonagency 261 relationshipsautharixed by Chapter 475, F.S., 06 amended, shall be entillad to recovnf from the non-pro"Illerg party raeeonase arlornty's fees., 762 costs and expenses. 2e3 S. FAILURE OF PERFORMANCE: If Duyer falls IO perform this COnitecl within the time specified„ including psymanl of all oepcsils, the 264 40POe111e) paid by Buyer end depositfs) agreed to be peld, may be recovered 46d renamed by and for the account at Seller as agreed upon 265 liquidated damages, consideration jar the oxecullon of this Contract and in Full laluament of any claim&; wheroupon. Buyer and Seller shall be 266 relieved Of all Obligations under this Contract; Or Sager, at Seller's option, poppy proceed in #quity, to enforce Seller'$ rights under thio Contract IF 267 got Any fsolon other then failure of Sailer to maks Sa11er's title pnaraerab'e oiler diligent Orlon. Similar fall&, neglscis Or refuses to perform ISIS 288 Contract, Buyer may seek Specific parrormance or elect to receive the return of Buyseg deposills) without thereby waiving any action for 269 damages resulting team Sell#(°@ breach. 270 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice or it shah be recorded In any public 271 records. This COnlracl shalf bind and Inure to the benefit of lot pseliae antl their Successor$ In interest. Whenever the context permits. Ongutor 272 that@ Inctuela plural and one gender Shall include all. Notice given by or t6 the attorney for any party &hail be as erfactive as it �iren I 273 party. pby 6l to hal 274 U. CONVEYANCE: Seller Shall convey Ulie to the real property by a.latulory warranty, trustee'$. personal representative,* Of gusdiaey dead, a% 275 appropriate 10 the status of Sailer, Subject only to mailers contained in Paragraph Vll and those olhomise accepted by Buyer. parinma property 276 Shall, At it's request Of Buyaf. be transferred by an absolute bill of sale with warranty or title, subject only to such nurrere as may lea alhenrgv 217 provided for heroin, 278 V.QTHER AGREEMENTS: No prior Or present ■greaments or representations &hast be binding upon Buyer or Seller unless included in this 279 Contract. No modification to or change to This Contract Shall be valid or binding upon the part1e2 unless in willing and executed by the party Or 280 perlles lntanded lobe bound by II. 261 W. WARRANTY: Sellar worriers that there are no Facts known 10 yeller nutlerISUy Afl OcUng the value Of the Property which Ale "I readdy 262 observable by Buyer Or which bare nor been disclosed to Buyer. a Yyer l_.... i (. - Alm� t and SNIe (. ! 1—# 1 scknowledpe C.Colpt of 2copy of this page. FARfBAR-5 Rev. stile COPYRIGHT logo THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF RE ALTORS6, This form is licensed tot use wish Faemm&Tatable Forms Software by ISG McAllister Publishing fnc BOO -336.1027 c> a :1 ' .., an yho- Op i] j0 0 a R r; j N (N =Z60=Z60dOWZCSZ�fI��� 3ry N rD ="� D �.3 0'r. m a m m000 Op -"-c IsrsrRers.w. n •- D Z a k v c section Lina �o p�) c N®o.r®oZ.ew ©aN i s: e Di o D v, N $9'ff'f8� w n v O ] a rn u, Q 9em�g r"t--_ip0 Q 00 �17 mf Ql Y C fxEN@ NO❑ D aro m^ �' s 89'11'.8` E C r 0 0� _m W N V N a 1J m 0 r L II 56 in m fD 3 9' 'C'F N N O p m a a � o � 'o 7'S 1 •2 6 a Cb :;r m x Mo. Wren n V D My m -� ''0 m m 0 m 0 'Q m Ln'no 0 D .+ m 0. 0 0 0. 0 D N m p 0 •� � i17 m ."' -. 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