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HomeMy WebLinkAbout2000-342r THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCiAT10N OF REALTORSB AND THE FLORIDA BAR. Contract for Sale and Purchase FLORIDA ASSOCIATION OF REALTORSS AND THE FLORIDA BAR � Q 11 PARTIES: Red 9tick_QQ].!_C1uba3nc___"ad Stich.G4Af�tivsatms�i�JL'7��ls�xuce�aitekl.tt ("Sei1eF), 2 of . 756 (Phano) 561-331-4743 '3 and ZJgr;Ldl+ ("Buyer). 4 of I?A"It"tm"x__y4X4_BOA ch4 _11=144t 32960 - (Phone) AM]„L 567 -MM, 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 ['Contracl'): 7 L DESMPTION: '8 (a) Legal description of the Real Property located in _ _-___Indiiin ivar County, Flortda: 9 t An a 18" attached- hereto_..and made a "art awf, 10 - 1 i (b) Street address, city, zip, of the Propertyls: 5ath Avartya_ right-gLlfiAy ZCal ung 2,026 aaxe_ xonmd_U_ '12 (c)Personal Property:Mona. Subs t +A" ynarcel,174_ggrea Exhibit 13_ ,—_ ilr tit r1r.—haa.ed upOrT S2Q,_099 L4�rsr�os2�._ - 14 _ i5IL PURCHASE PRK:................................ ___ .................. ...,.......--................_-.,............ ...,.,.......................... ................... .._$ 20.520,00 to PAYMENT - '17 (a) Deposit held In escrow by (Escrow '18 Agent) in the amount of .......... ......................................................................... _................................. ,,..,............... ........5 -0-- '19 (b)Additional escrow deposit to be made to Escrow Agent within - days after Effective Date (see '20 Paragraph Ill) in the amount of... .......... _ _ ........... ---- ---- --,...................,..................-.....-.-.5 mgr '21 (c) Subject WAND assumption of existing mortgage In good standing in favor of _ 22 having an approximate present principal balance of___ -0- '23 (d) New mortgage financing with a Lender (see Paragraph IV) in the amount of_ .................. -0- '24 (e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of... .. ........ -0- '25 (f )Other: $- -0- 26 (g) Balance to close by U.S. cash or LOCALLY DRAWN cashiers or official bank check(s), subject '27 to adjustments or prorations.........................................................................................................................................$ 20 52 00 28 11L TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: It this offer is not executed by and delivered to all parties '29 OR FACT OF EXECUTION communicated in writing between the parties on or before __ N A�� , the deposil(s) 30 will, at Buyers option, be returned and this offer withdrawn. For purposes of delivery or notice of execution, parties include Buyer 31 and Seller or each of the respective brokers or atlomeys. 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 shalt be considered 33 for all purposes as an original. PLEASE Ham; THIS CCKTRACT IS SUBJECT TO INDLAN RM ('AUNTY FIIfN_ Ai 34 IV. FINANCING: '35 0 to) This is a cash transaction with no cont+ngenc.es for financing; '36 ❑ (b) This Contract is conditioned on Buyer ablaming a written loan commitment within _ days after Effective Date for 37 (CHECK ONLY ONE): ❑ a fixed; Elan adjustable; or [J a fixed or adjustable rate loan in the principal amount of '38 S , at an initial interest rate not to exceed % , discount and origination foes not to exceed —'X1 '39 of principal amount, and for a term of _ years. Buyer will make application within —days (5 days if left blank) after 40 Effective Date and use reasonable diligence to obtain a loan commitment and, thereafter, to satisfy terms and conditions of 41 the commitment and close the loan. Buyer shall Day all loan expenses. If Buyer fails to obtain a commitment or fails to waive 42 Buyer's r,gPis under this subparagraph with.n the time for obtaining a commitment or. after diligent effort, fails to meet Ine 43 terms and conditions of the commitment by the closing date, then eiiherparty thereafter, try written notice to the olher, may 44 cancel this Contract and Buyer shall be refunded the deposit(s); or '45 L (c) The existing mortgage, described In Paragraph 11(c) above, has: f:] a variable interest rate, or a fixed Interest rate of '46 — % per annum. At time of title transfer, some fixed interest rates are subject to increase: If Increased, the rate shall not '47 exceed — % per annum. Seller shall furnish a statement from each mortgagee stating the principal balance, method of 48 payment, interest rate and status of mortgage or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to 49 assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the 50 necessary application and diligently complete and return It to the mortgages. Any mortgagee charge(s), not to exceed '51 $ (I% of amount assumed it left blank), shall be paid by Buyer. 9 Buyer is not accepted by mortgagee or 52 the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in 53 excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the other party unless atther 54 effects to pay the increase In Interest rate or excess mortgage charges. '55 V. TTTLE EVIDENCE. At least days before closing date, (CHECK ONLY ONE : EI Seller shall, at Setters expense, deliver 156 to Buyer or Buyers attorney; or X Buyer shall at 9uyers expense obtain aAW#IWC: X abstract of title; or 19 title 57 insurance commitment (with legible copies of instruments Ilsled as exceptio.is attached thereto) and, after closing, an owner's 58 policy of title insurance. '59 VL CLOSING RATE: This transaction shall be closed and the closing documents delivereg onf _@,� e]"L , 60 unle dlfio bSyyy ulhor provisions of lhlsl Contract r7m `E k]Ct71R LkV ( Ili) ) awyM I' i i_,�, V'li: L� Mp sell" l� � I �I �rcknawl"dgt +,rc•Ipr or "cnpY of th4a paq s. FAR OAR -5 R -9 -SE ri,uEAS CAN BE OBTAIk O FROM Tr,F cLORICA ASSOC I ATTOr, OF RE ACTOR St Cu THE FLORICASAR Trv,s form ,Scc es -use -1h lForin iullatsSi!" Form• Sof ware by ISG MCAll,yter F'ubhsh.r.g. Inc aoc-3'stt5..vb3F w'wl7Q LCV r'v („C,' V,r X' 40 C 61 V11. MSTRICi'IONS; EMFMENTS; LIMiI"ATIONS: Buyer shall take HUa subject to: comprehensive land use plans, zoning, 62 restrictions, prohibitions and other requlroments imposed by governmental aulhonly; restrictions and matters appearing on the 63 plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; public utility 64 easements of record (easements are to be located contiguous to real property lines and not more than 10 fool In width as to the 65 rear or front lines and 7 112 feel in width as to the side lines, unless otherwise stated heroin); taxes for year of closing and 66 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 rc,ar3ighis,�!-raves 68 purpose(s). 69 VM. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Sellar; but if Property is intended to be rented 70 or occupied beyond closing, the fact and terns thereof and the lonanl(s) or occupants shall be disclosed pursuant to Standard 71 F. Seller shall deliver occupancy of property to Buyer at time of closing unless otherwise stated herein. If occupany is to be 72 delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, snail be responsible and liable for 73 maintenance from that date, and shall be doomed to have accepted Property in its existing condition as of time of taking 74 occupancy unless otherwise slated herein, 75 OL TYPEWRITTEN OR HANDWFMEN PROVISIONS: Typewdlton or handwritten provisions, Odors 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 11 COMPREHENSNE RIDER 0p HOMEOWNERS'ASSN. CCOASTAL CONSTRUCTION CONTROL LiNE 79 C CON 1)OMNiUI--I M El IS' C INSULATION 180 ❑' VAIFHA C] LEAD-BASED PAINT '81 Xt. ASSIGNABILITY: (CHECK ONLY ONE}: Buyer 0 may assign and thereby be released from any further liability under this "82 Contract: ❑ may assign but not be released from liability under this Contract; or'$may not assign this Contract. 83 XIL 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) Buyer acknowledges receipt of the Florida Building Enorgy-Efficiency Rating System Brochure. 69 (c) 9 the real property includes pre -1978 residential housing then a lead-based paint nder Is mandatory. 90 (d) if Seller is a 'foreign person' as defined by the Foreign investment in Real Property Tax Act, the parties shall comply with 91 that Act - 92 (e) If Buyer will be obligated to be a member of a homeowners'association, BUYER SHOULD NOT EXECUTE THIS CONTRACT 93 UNTIL BUYER HAS RECENEDAND READ THE iiOMEOWNER3'ASSOCIATiONDISCLOSURE. 94 XIIL MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of: 95 (a) $ ff1'A for treatment and repair under Standard 0 (if blank, then 2°% of the Purchase Price). 98 (b) $ _ xl for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). '97 XN. SPECIAL CtAUSES;ADDENDA: 9 additional terms are to be provided, attach addendum and CHECK HERE ❑. 98 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS. Standards A through W on the reverse side or attached are incorporated 99 as a part of this Contract. 100 THiS IS INTENDED TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 101 AN ATTORNEY PRIOR TO SIGNING, 102 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORSO 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 parf'ies in a particular transaction. Terms and conditions should be negotiated based upon the 105 .respective in forest s, objectives and bargaining positions of all interested persons. 106 J rT COPYR 1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOC OF REALTORS& '107-�ZQDD j l oc, o '108 (Buyer) Fran d s (Date) LS Ibr} stick 3o Cub, Inc. (Datel '109 Social Security or taxlD-lR. ,��_C4�5s7�ia91Q�s1s fWriMONkrl AA % - -- - /�'� f •111 G`:✓.�� _f�- (/ cFf _ :�s =.?_ ,�, _� i f L 4, '111 (Buyer) William N. R&D -r, SRPA, 9M (Date) Sella Air] Stick L1v1! lay.. ATI] (Data) '112 Social Security or Tax I.D. #----Right -4-lfty Agent 113 Deposit under Paragraph 11 (a) received; tF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. 114 (Escrow Agsnt) 115 BROKER'S FEE. -she brokers named below, including listing and cooperating brokers, are the only brokers entitled to 116 compensation in connoclam with this Contract: •117 Name: III _ 118 Coe"rating 5rolters, Sarty Us" Brckar --- - rr ! a uYn t —W )Irrt✓*A. I srN SNIAF r tf_"�j all mils pipe. FARIDAR•5 R616.-96 RIDERS CAN 9E OyTAINFID FROM TME FLORIDA ASSOCIATION OF RE ALTORSR OR THE FLURIDA e.AR This, form ,% IiConA d for alae wqh FIUFTnurntQr* Forums, Sottvxare by ISG McANl6ta, PuU,j^,nq. Inc 000-334.9071 C1 40 1191 STANDARM FOR REAL ESTATE TRANSACTIONS - 120 A. EVIDENCE OF 71TLE:(t),fin itjt ra gJ�pl,_{I-i,I� prepared of broughl current by a reputable and aslslrng abstreCI Rim (if not eeiuing [fieri t2T Car l hied at correct by 46 aslsting flrmj purporting to be an accurate syn011511 Of the Pn Slrumenls affecting title to the real property recorded in 122 the public records at the county wherein The rest property is Iocaled Through E sfec Use Dale It shaft commence with the 4arllest public records, 123 or such later dale as may be customary in the county' Upoh Closing of 'him Contract, the abslrACt shall beCama the properly Of Buyer. SUb}act to 124 the right or ratentran Thereof by lirs1 morlonoes until fully paid (2s is Insuranta C9mmi m n Issued by a Florida licensed title Insurer 523 agreeing to issue Buyer, upon recording of Ills deed 10 BUyer, an Dwnet's. PDtiCy of 11116 insurance to the amaunl at the purchase prTCb. insuring 125 Bu er's till! to the real property, subject only to Plans, encumbrances, excaplions of quallficallons provided in this Cori and those to be 121 dXharged by Seller 31 or before closing. Seiler shall Convey markelable fill* subject only TO liens. encumbrances, excep""s of qualifications 124 provided in Phis Corttacl. Marketable 11110 $hall be determined according to applicable Title Standards adopted by authority of The Florida Bar 129 and In accordance .illi law Buyer Shall have Sday$ from date of roc El Yrng evidence o1 lute To examine it, rf title is found detective, Buyer 130 shall within said 5 Laysnality Seiler in writing specifying Ilia deficit%p 11 defecl(S) Partial title unmarkalsble. Seller will have 30 day from 131 room, lot at nolrte to remu va the da Pact 1, lading which Buyer shalt_ within firc (5f day5 after expiration of the thirty 130) day period, deliver -written 1312 notice to Sailer ert`er: (try arlending the time for a reasonable par.ad not fa a:coed 120 days within which Sellar shall use ClMgoni effort to I" ramove the 6efects, Or (2j requesting a refund of deposil(sl paid wA1ch shall be rmmedlaloly retUrned to Buyer- If Buyer Falls to ao nalify SePI1,r, 134 Buyer shall be deemed 10 hays accepted the Title as it then 11 511101' shall, If title is found unmarketable, use diligent effort to correct dela Cl(sj 115 within the tome pravided IherelOr If Seller is unablo 1m, 11me t, correct the dcdecl s, Buyer shelf either waive the defects, or receive a Perund of 135 depusil(a1, thereby releasing Buyer and Seller from art furlhar abagatrons under Imo Contract If evidence of title Is delivered to Buyer less Than 137 5 days prior to closing. Buyer may ealend closing date so that Buyer shall have up to 5 days from date at receipt or evidence of Litre 10 examine 138same in accordance xith this Standard. 13@ B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase mangy mortgage and mortgage hole to Seller shaft 140 provides for a 30 -day grace period in the event of default If a first motigage and a 15 -day grace period R a second of lesser Murtloage, shell 141 provide For right of prepayment in whale or in part without penalty; shall permit acceleration In event of Sr8n31er at the real properly; shall req,ulre 142 fill prior liens and emcumbrances to be kept in good standing and forbid modifications of Or future advances under prior mnflgaill i shall require 147 Buyer to malniniE ;Vicles of Insurance containing a slandard mortgagee clause coverlog 811 improvemerils located on the real proeert'.y against 144 fire and all herds •-[luded .,thin lho term'0xtendod coverage endorse -encs" and such other risks and pafil5 as Seller may reasonably require. Ise 311 en amount equal!, their hignasl msurabla value; and the mortgage, nate and Security agreement shall be otherwise in form and Content required 116 by Seller; but Seller may only require clauses and coverage cuslomarily round In mollgsges. mortgage moles and seeurily agreements gonsi 147 uttl teed by savings and loan inatltu'tiona or stale of national banks ocaled in IM1e county wherein the req+ Drop !fly is located All pe+30.21 126 properly end leases being Conveyed or assigned will, at Sellar's option, be subject to The lien of a security agreemlenl evidenced by recorded ins slat amen! Ila balloo 549 fins n mortgage. She final payment wilt exceed the periodic payments thereon. 150 C. SURVEY: Buyer, m Buyer's "Dense, within time allowed to deliver evrdenco of title and to examine same, may have The leaf oioper'ry surveyed _ +51 and cerlifled by A 'tq,s!ered Florida surveyor if the survey 01$00se3 encroachments on the real properly or that rmprovemenl3 located thereon +52 encroach On sclbact lines, safoments. lands of other$ Of violate any restrictions, ContraCl Covenants or applicable govarnmemal regulation, the 153 sameshall constitute a title defect. IS4 D. T E RMI.TESIWOOD DE STROY$NG ORGANISMS: Buyer, 01 Buyers expense, within the time allowed to dellyer evidence of tills. may have the 155 Property insp0cled by a Flb11ds Csrtified Pesl Can1rOl Operator (`Operator'I to determine if (hero IS any visible aelive termlle Irrlestalion 0r 156 visible commis from termite in fellation, excluding fences. if either or both are found, Buyef shall nave 4 days from date of written notice thereof 157 within which to have cost of Treatment, if required, otlimatod by Tho Operator andart damage inspected and estimated by a licensed builder ar - 45a general Contractor Salter Sh811 pay Valid Costs Of ttealment and repair of all damage up to the amount provided In Paragraph XI11(a). IP +S9 aslimaled costs exceed that amount. Buyer shall have the option of canceling this Contract within 5 days alter receipt of Contraclor's repair 160 estimate by giving xFiller, Dodo! 10 Smiler or Buyer may OteCl 10 proceed with the transaction, and receive a credit at closing on The amount 161 provided in Paragrapn XNllal "Termites' 5ha11 be doomed to includn all wood destroying organisms required lobe reported under the Florida Pest 162 Control Act. as ane Jed 163 E. INGRESS AND EGRESS; Seller warrants and represanls that There Is Ingress and egrass to the tool property sufficrant far it's Inlanded use 164 a5 described in Polmg'aoh VII hereof, title 10 which is in accorda-:e with Slandard A. 165 F. LEASES: $site- shelf, notless than 15 days before closing furnish la Buyer Copies of at] w +len leases and estoppel letter, from each 160 lenanl specifying its nature and duration of she tenants act -party, rental +alas, advanced rent and sAu" dy deposit paid by tenant It Seller r5 167 unable 10 oblaln suite letter from each lenanl. the same Information shall be furnished by Seller and buyer within that time period In the farm of a 168 Se 119 "S alrid a vit, :rd Buyer may lhcr a after the ten and to confirm much Information Seller shall. at dosing, deliver and assign all original _ 169 leases Id Buyer, 110 G, LIENS: Seller spall furnish to Bti uyer al time of Closing an affidavit 8tieSng to the absence, unless otherwise provided for harerrl, at any 171 Financing statement. claims ad Plan or polenllal lfenofs known 1m, $0118 and furlhar atlasling Inet there have been no imptonnionts or repairs 10 172 the real property f0. 90 days immediately ac ding dale of closrag rt the roal property has been improved or repaired within that Uma, Seller 177 not deliver heleales or walvan of Construction Ilene executed by all general contractors, subconuaclors, suppliers and m4letialmon in addition 174 to Sellai Hen affidavll setting forth the names of all much general contraclara, subcontractors, suppliers and mareflalmen, further affirming that 175 all chs rgdb Por Imp+-vomenis of repairs which could serve as a basis for a corlstrpetlon lien of a claim for damages have been paid of will be paid Ile at the gas g. of Inas Cont rel 1. 177 H. PLACE OF CLOSING: Closing shall be held in The courtly wherein the real property is IaCaM4 at the office Of the attorney Or Other closing x76 agant VCloy in Ageri') designal ed by Salle, t"9 1, TIME 1-' ;moll' -q lime periods of less than Sia Tel days. Sai.,iays Sr.aays and stale or nailon al ilial nolydays snag be ex Cluded Any time 15❑ led 00' r in which shalt end on a Saturday, Sundat. or a oral holiday shall extend io 5 d0 pin of the naxl busl.e2.s day lime is of tat 1ho ase once In this F. pn till[. +52 J. CLOSING DOCUMENTS: Seller short furnish the dead. bill 04 1,— c structrorp I•en all,da'uIl nwne%5 possesslan aff.dav-r as yvgnlnenrs d1 re3 leases. lenanl enc ^Ortgogee estoppel da l tors and corrective .retro- ,-11 Buyer shall tufn+5h Closing statement, mollgaga. mortgage rots. 184 1@cutlly agralemeni$ ema nl and financing S1 a 115 H. EXPENSES: 00cumeht4ry Stamps 611 the deed end recording of Cn reclive Inst,umanls shalf be paid ey Sailer Documentary stamps and 184 irrlan Bible tax an the purchase mghey mortgage and any mortgage 2710med, moltgaoea 11110 fns OranCa Camnhtroanl with related foes, and 167 recording of purchase money mortoage to SslPer, demo And financing statements shall be paid by BUyer. Unless alhirwlse provided by Pew or 1111,r16or to I'll, Contract, charges rat the fallowkng rotated INIe retvioes. namely title of ab;[fact Charge, Into examination, and salllement Tait ane ceps Ing Pea, shall 0e paid by Ino patty responsible For furnishing the Mlle evidence in accardanCe with Paragraph V. 190 L. PROr1.ATtONS, CREDITS; Taxes, aaSessmenl s. rent, Interest. Insurance and ether expenses of The Properly shall be prdreled through the 191 day before closing Buyer $hall have the oplion of taking Ayer exlst`9 0o1rie1 of rnsuranca, it alsumahle, In which avant premiums shell' be 197 prolated Cath a1 006019 shall be increaser] or decreased 8s may be requliad by praratlpnx to be made Inr.Uoh day prior to closing, of occupancy, 193 If, oCCUpanCY occur bslola closing. Advance rent and security deposits will be credited to Buyer Escraw deposits hold by 1norlgogee wrtl be 194 Cradltad to S:lrsr Tares aha11 be praratad basad an the currem veal's l4 x. with dug allowance made fat maximum allowable discount, homeslaad 105 and oThar eramptrpnl It 11911 no occurs et a dale when Phe Current year's mAsage rs not fixed and currant year'& assess merit is available, lases 1@6 Lit be prorated based upon such assessment and pilot year's mltlaga II current year's asst Ssmenl Is not available, Injn taxes wr1! be prorated Iof an pilot year's lax It there era C0mp161ed Tmprayemehts o- Ina real proparly by J:n Uary 1J1 or year of crus rno 'I Ch Impfovemenla were not In +utl exrltenoe On January 1st of prtor year, thin lases shall be prorated haled upon prior yasr'S mttlaga and at an equitable assessment to be agreed Y49 upon brit we on the pert is 1, filling which, request share ba made 10 IM1e County property Appraise, for an informal asseesmanl taking into account 2'1'0 available eialnptlorl A tax proration based on an est[mala 1ha11 at ragUesl of either party, be faadlusted Upon recelpt of Pax' bill or, rano+Iron 201 In:1 a 11%11 nlnt to r''al arfer.I a signed e�t0sino D Uy or i� r�'—r 4. �I'`�'a'r�� i and Ssflrr { J _J I r r Scknow4dgs receipt of a copy o1 thts page, ' ARru AR 5 Rey 1'91 __PYRIGHT 1992 THE FLORIDA BAR AHG 1XE Ft0410A A$5OCiAT1OH Of REALTOR.SB `h.ai ,s 1.zm,, s7 fa' _94 .y.tT Formielawra Forma ScFev-are my PSG M APlIatet Pullbi,%h,n,q. int BOG 336.1f627 40 202 W SPECIAL ASSE SSMEN T LIENS: Cerlrlfed. Confirmed and ratified special al s a s%Mani Ileus al al dale of CIO smg loot a4 of Elloctive Dale 263 ore 10 be Paid by Seller Poor lug liens at of dela at Closing &hail be assumed by Buyer. It the Improvement has been subslanlla Plycompleted as 204 OI EIFe CIIve Date, any pending lion shelf to COn414ered COrllflod, Confirmed 0r ratified and Seller shill, At closing, he charged an amount actual to 265 the tall estimate Of assessment for The improramanl by the public body. 266 H. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that the telllnq, roof (kneiudrnq the fascia and stfl-ls) and Cxte(I0r and 267 InIerlOf wells. foundation, seawalls (or equlvalenlj and dockage do not have any Visible Evidence at leaks, waler damage Of itf Uctural damage 249 and that the ;oillie lank, pool, all appliance" mechanical items, heating, coiling, at4dtfkal, plumbmq systems and machinery are In Working 260 Condition The faregtlihq warranty shall be l 2tp ea pons e, have inspections made 4t those llamimited to the Items speelrVed Unit"Piherwr%e Provided In an addendum Buyer may, At Buyer'% a within 24 days 01Itr Ilia EITOctive Dal o, by a firm or ondivrouaI sPecialiting In home Inspect tons 211 and holding an oetupott"Al license For such purpose (it raquir@d) or by an approprlalety I,Cen&ed Florida contractor, and Buyer shall pear 212 to Buyer's occupancy, but not more then 74 days after Effeelltie Dale, ftpOrl in writing 10 Seller such �Itm; that do not meet the above Standards 2+3 as to delacls. unless Buyer limely reports such defects, Buyer shall be deemed to have waived Seller's warearlhes as to defects tool reported 214 If repair; Or replacements are required to compry wilh this Standard. Seller shall Causa Them 10 be made and shall pay up 10 Iha amount 2'!5 provided fn Paragraph XIII(b). Seller is not requi'ed 10 male (OPatrs of reptacemenls of a Cosmetic Condition infass caused by a defect S0 ,or 2re is fasponsible la repair Or replace. If the Cost for such repair or replacement erCetds the amount prow+dei +n paragraph XIII(b), Buyer and S0rtar 211 may 0180 TO pay such excel], failing which eftho" party may cancel this Contract. If $0110115 unable la correct Its defects prior to closing, the 218 Cost thereof shall be paid into escrow at closing Seller shall, upon raesonaWt nonce, provide ubnliee service and access l0 lhle Properly for 219 inspection%, Including a walk•ffirough prior IO Clos,ng, Io confirm that all items of personal prooeriy are an The reel property and. Sub)ecl to the 220 foregoing, that all (squired repairs and replacements have been mads and that the Properly. Including, but not limited to. lawn, shrubbery and paot, 221 If any, hall been malnialned In the condllion exlerfng as Of Effective Dale, ordinary wear and tear O'Cepted For purposes of lots Contract. (a) 222 'Working Condition' means oparaling In the manner In which Iht Item was designed Io Operate, (a) `Cosmetic Can JIIPOn' means seelhel+c 223 Imp0.116clions that do not affect the working cohdkion of the Item,. including, bul not Itmiltd ro Pitted marcrie, Missing or loon screens, ragged 224 wlndows; Teat$,. worn spots, Or discolora lion Of float cavetin95, wallpaper, or window bailments, nail holes, scratches, dams, !Crapes, chips or 226 caulking in ceilings, walls, floorings, flxiufe%, or mrrols, and minor cracks In floors, Ines, windows, driveways, 1140walk S, or pool docks: and (c) 2�E Cracked roof 1-105, curling or worn shingles. Or hm,'sd root life shall not he consideaed defects Seller Must repair Of replace, sa long as th@fa Is no 2. avidente of actual leaks of leakage or S1ruclrual , -age. but missing liles will be Seller's to SponSrbrb:y to replace or repair. 238 O.RISfk OF LOSS: if the Property is damaged br fire Or other casualty barer* closing and cost of restoration does not excaed 3% of the 229 assessed valuationof the Property 60 damaged, Coll of restoration shall be an abllgallon Of Seiler and closing shall proceed pursuant to the 236 terms of this Contract with restofallon COS Is escrowed at closing. II the cast of restoration efaeeds 3% Of the assessed valuation of the 231 Properly 20 damaged, Buyer Shall have the option of either taking the Properly as is, logather with either the 3% or any insurance proceeds 23Z payable by vrrlut of such loss of damage, or Of canc@Itng this Contract and receiving return of the deposits) 233 P, PROCEEDS OF SALE; C1,OSINO PROCEDURE: The deed &hail be recorded upon clearance of funds If an abslracl Of title has been 231 furnished, evldence of IMF, shall be continued at Bu.Or's expense to show title in Beyer, without any a„cumbranceS Or Changs when would render Seita is t+110 unmarketable from The date or me was• er•deryce All closing 010Ceeds shall be telid.n escrow by Seller's attorney or other muluato 235 acceplabio escrow agent for a period of not more Flan 5 days after closing dale rf Seller's title IS rendered unmark Olable, through no Paull or 237 Buyer, BUyef shall, within the 5 -day period, noHly Seller In wriling of the defect and Sailer shall have 30 days from date at receipt of such 236 notification to cure the defecl. It Seller fail$ to timely Cute the defect, all dsposil(6) and closing funds shall, upon wrillen demand by Buyer and 239 within 5 days after demand, be relurned to Buyer and, slmuhaneousiy w'.ilh such repayment, Buyer shall raturn the personal property, vaoait file 24[ real properly' and reconvay the Property to Seller by special warranty dead and bili of sofa. It Buyer fails In make limery demand for refund. Buyer ,a1 shall fake Illle as 1e, waiving alt rigttls against Sellar as la any Inlervenlng defect axCepl as may be ayaflabte t0 Buyer by virtue of warranties Z42 contained In the deed at bill of sale. If a portion of the Purchase price is to be derived Prom InsOlutrnnaT financing Or refinancing, raqulremenls 243 of the lending l"Illution as to place, time of day and procedures for closing, and for disbursement Of mortgage proceeds shall control over 244 Contrary Plevislon In this Conlroci. Seiler shall nave the right to rmgLTlfa from the landing institution a wnllan commitment that II will not 24! withhold d+sbursomonl of mOrIO0ge proceeds as a re;vlt Of any tNFe defect aftNbutabla 10 Buyer rnOrlgagor The OSCrow and closing peoced Ute 24E required by Ibis Slandb(d shall he waived if rho title agent insures adverse matters pursuant to Secilon 627 7641, F.S., as amended 24' Q. ESCROW; Any escrow agent ('Agent'} recefnng funds or equivalent is authorized and agrees by acceplanca Of Ihem !O deposit them 246 promptly. hold same in escrow and. 5ubrect to clearance, disburse them in accordance with Items and conditions of this Contract Faifure of 249 funds to clear shall not eiicuse Buyer's performance 11 In doubt as to Agent's duties Cc liahilil,es under the pr0rif tone Of this Contract. Ag"T 250 may, at Agenl's option, continua to hold the subject matter of the escrow until the parlips herbto agree to de, disbursement or until a Fudgemenl 251 of A court Of Competent Jurisdiction shall delermine the rights Or the parties. of Agent may deposil same with Ins creek of the circuit court having 252 Purls l-cllpn of The dispole Upon nolilyfnq art gaff -e6 cOncernad OF such action. all Ira Orlfry on the part of Agent shall fully lermmate, e.caps to 253 the etlent o1 accounting For any ilems Previously delivered Out of escrow It a lhCansed real estate broke'. Agent will comply wlTn plod%+Ons OI 254 Chapter 475, F S.,. as amended. Any suit between Buyer and Serler wherein Agent is made a party because OI acting as Agent neraundar, or ,n any 255 suit whefin Agent inlerpleads the Subjact matter of The escrow, Agent shall recover reasonable aborney's feel and calls Incurred with these 256 amounts fo be paid from and out of like escrowed fund, or equivalent and charged and awarded as court Coals in favor of The prevaling party The 257 Agent shall not be liable to any party or person for dadallvery to Buyer or Stirar of items subjecl t0 chs escrow, unions such misdelivery Is duo to 259 willful breach of the provisions of 1415 Contract 01 gross negligence or Agent. 259 R. ATTORNEY'S FEES; COSTS: In any litigation Iottuding breech, enfOFCemenl or Inierprtialicn, arising our of this ConitaCt. the pro".1 ng 266 party in such uligalton, which, for purpos all Of IFIM Slandafd, shall include Seller, Buyer and any brokers acting in agency or nonagency 261 relationships authorized by Chapter 475, F S , as Amended, shall be anblled 10 recover from The non.presa,r,nq party reasonable ali0rney's Ines costs and expenses S. FAILURE OF PERFORMANCE: If Buyer fairs to perform this Canrrscl .venin the t,mt s:ecd,eq. n t,d,nq paymenr of all deposits Ins Seposnls) paid by Buyer and de POSll(s) agreed to be paid, may bt recovered and retained be and for the account of Seutr as agreed upon hav,daled damages, COnsldelation for the exeeut10n 01 This Contratt and In lull sertlememl ora era” --s ,. hereupan auyee and Selig, shall 0e all Otfrga"On3 undel this Cantracl, Or St of at Sonar's option, may proceed ih eq' !- : Cnina Selo -'f r,ghtd under ilii; Contract If Ior any reason other than }allure of Sellar la make Stller'l Illre markelebfe all" diligent ter ! aUhtr ia.is neglecos or Fa(u Se$ to Dario— Ihf} 31! Contract. Buyer may seek specific perrOrmance or elect to facelve the return at Buyer's aeposfalsr —thoul Iheraby w41Ning any ac410n for 259 damagts was ulbng from Seller's artach 270 T. CONTRACT NOT RECORDABLE;. PERSONS BOUND; NOTICE: Neither Ihts Cantracl nor any notice of fl 504ll be recorded in any public 271 Pec Ords. This Contract shall bind Ono Inure to the bsnefil Of tae W1161 and their euCCe250rs In interest Whenever the context permit$, singular 272 8"11 include plural and one gender shall Include all Notice given by or td the attorney For any party 0411 ba as Offacllve as 11 given by or to that 377 party 274 U. CONVEYANCE t Seller shalt Canvey Ill is to Iha coal properly by el alutofy warranty, trustee's. personal repres and at lve's Or guardian's Teed, as 27; ay PrOPNate to the stales of Salle r, subject only to Pall ata tont alned vin Paragraph V Il arid those other" Ise accepted by Buyer Personal proper! y 275 shall, at the request of Buya(, bo transferred by ar absolute bill of sale with warranly a1 Jill@. Subject Only Io such matters as may be other"1se 27: provided For nereire 21a V. OTHER AGREEMENTS: No pilot at pro6enlagreamenls or rap resent liens shall bit binding upon Buyer ar Seiref unless rnCIUd&d In Ilii$ 2711 Contract. No modNleallon to or change in This Comoacl shall be vas lit or binding upon the parties untea, +n willing and axacuted by the party or 280 parties intended to be bound by R. 281 W. WARRANTY: Seller warrants that l.hert ata no 14[31 known to Seller m iler'raily alPol ins the value nT Ili@ Propefly whish are nor readily 282 observable by Buyer of which have not been disclosed 10 Buyer. A+ J •7 Buysf (_51&A I I C -l-"- ) and Sell,, acknowledge r...lot of a cagy ll of Is pilot. FATr'9AR•6 Rev 81011 COPYRIG14T 1900 THE FLOAPDA BAR FMO THP FLORIDA 455OOPATIQ1if OF REALFOASS Th,ik Is— Ia l�hsed For utre vwth Faae'imiaT®ttlre FcF— S SOftvafe by ISG McAmeter PUbl,shing, Inc eZ03"+6 T327 I 0� M Q i L.U. 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