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HomeMy WebLinkAbout2001-034y 1111111111 40 THIS FORM HAS BEEN APPROVED BY THE -371 FLORIDA ASSOCIATION OF REALTORSO AND THE FLORIDA BAR. Contract for Sale and Purchase FLORIDA ASSOCIATION OF REALTORSS AND THE FLORIDA BAR "1 PARTIES: Kathr("Salle m Knrrick C1v f 2 of 1765 27th Avenue Vero_ ach Florida 3296x.0.-3191 (Phone) N/A "3 and Tnriian Iva County. a si5l i�iV;"a n of the StpY� oL P}s ra ("Buyer"), 4 of _ 18$2kfEeet Vasa Beach WI-44,t6t1 (Phone)—5�,j,1._ 569-849, 5 hereby agree that Seller shall sell and Buyer shall buy the fallowing described reef property and personal property (collectively 6 "Property") pursuant to the terms and condltlons of this Contract for Sale and Purchase and any riders and addenda ("Contract"): 7 1. DESCRIPTION: n v r County' Florida: � g gsl tigg r lost Rxhibit "A" nttactta ha=eto artd made a= e4$ _� '10 Ili 1,- xl 329G8 '11 (b) Street address, city, zip, of the Property is:_ 6th@fir Vero B *12 (c) personal Property: 3— +iriglL- . Laaid Vaa Pereal ID IIo _21- 3J-440(11-0074-11r�i�p T 2 @_feegr tl•_47� wrrBs. 14 PLRASIi NOTECD*>TT+ 4'T I9 tiTdBJBCT TO INP _1t��R COUNTY ,71PI'Rt]VAIs SRR AD MMM- 14 If. PURCHASE PRICE: _..... ......................................-..............,............. .............. ...........$ 12 ,76.62- -- 16 6.616 PAYMENT: (Escrow *17 (a) Deposil held in escrow by *18 Agent) in the amounlaf.......................,.......................................................... $ -_ -4- 119 (b)Additional escrow deposit to be made to Escrow Agent wlthin—days after Effective Date (see *20 Paragraph III) to the amount of ......................... ..... .'...... . I - *21 (c) Subject to AND assumption of existing mortgage in good standing in favorof t31L $ -4- 22 having an approximate present principal balance of.,....., "23 (d) New mortgage financing with a Lender(see Paragraph IV) in the amount of ............... ......-1- .......... . $ - '24 (e) Purchase money mortgage and note to Seller (see riderfor terns) In the amount of ................................$ -0- -17- •25 (f ) Other. 26 (g)Balance to close by U.S. cash or LOCALLY DRAWN cashier's or official bank check(s), subject `27 to adjustments or prorations „..... ... 2B 119. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: 9f this offer Is not executed by and delivered to all parties '29 OR FACT OF EXECU71ON communicated in writing between the parties on or before __NLA --artiest a deposit(s) sit(er 30 will, at Buyers option, be returned and this offerwithdrawn. For purposes of delivery or notice of execution, p y 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. Afacsimile copy of this Contract and any signatures hereon shall be considered 33 for all purposes as an original. 34 1V. FINANCING: '35 (a) This is a cash transaction with no contingencies forfinancing; *36 ❑ (b) This C-ontract is conditioned on Buyer obtaining a written loan commitment within _— days after Effective Date for '37(CHECK ONLY ONE): D a fixed; Dan adjustable; or Ela fixed or adjustable rate loan 9n the principal amount of *38 $ NIA at an initial interest rate not to exceed — % , discount and origination fees not to exceed 139 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 lean commitment and, thereafter, to satisfy terms and conditions of 41 the commitment and close file loan. Buyer shall pay ail loan expenses. If Buyerfails to obtain a commitment or fails to waive 42 Buyers rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, fails to meet the 43 terms and conditions of the commitment by the closing date, then either party thereafter, bywritten notice to the other, may 44 cancel this Contract and Buyer shall be refunded the deposit(s); or '45 D (c) The existing mortgage, described in Paragraph 11(c) above, has: D a variable Interest rate; or D a f9 ed interest rale of *46 HJA % per annum. At time of title transfer, some fixed interest rates are subject to increase; if increased, the rate shall riot '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 orauthorize Buyeror Closing Agent to obtain the same. It Buyer has agreed to 49 assume a mortgage which requlies 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 mortgagee. Any mortgagee charge(s), not to exceed 151 $ It}A (1 % of amount assumed if left blank), shall be paid by Buyer. If 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 either 54 elects to pay the Increase in interest rate or excess mortgage charges. '55 V. TITLE EVIDE=NCE: At least _NLA- days before closing date, (CHECK ONLY ONE): D Seller shall, at. Seller's expense, deliver '56to Buyer or Buyer's attorney; or jai Buyer shall at Buyers expense obtain (CHECK ONLY ONE): M abstract of fitlo; or X title 57 tnsurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owners 5a policy of title insurance. *59 VI. CLOSING DATE:This transaction shall be closed and the closing documents delivered on oR 13EPOES 6Q-VAYS 60 unless modified by ❑lhor provisions of this Contract. Buyer t.) () and Seller f 1 ( _ I acknowied9e receipt of a copy of this 1`096. FAR13AR-5 Rev- W" RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS4e OR THE FLORIDA BAR This form is licensed for use with IFOrMullatOra Forms Software by ISG McAllister Publishing, Inc. 800.336-1027 40 ■! a 61 VIL RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, 62 restrictions, prohibitions and other requirements Imposed by govommental authority; restrictions and matters appearing on the 63 plat or otherwise common to the subdivislon; outstanding nil, gas and mineral rights of retard without right of entry; public utility 64 easements of record (easements are to be located contiguous to real property lines and not more ihan 10 feel in width as to the 65 rear or front tines and 7 112 feet In width as to the side [Ines, unless otherwise stated hereln); 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,_Tgyigt:-of-way 66 purpose(s). 69 VIII.OCCUPANCY: Sailer warrants that there are no 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 tonant(s) or occupants shall be disclosed pursuant to Standard 71 F. Seller shall deliver uocupancy 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, shall be responsible and liable for 73 maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking 74 occupancy unless otherwise stated hereln. 75 Dc TYPEWRfTTEN OR HANDWRITTEN 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 ❑ HOMEOWNERS'ASSN. ❑ COASTAL CONSTRUCTION CONTROL LINE 179 ❑ CONDOMINIUM ❑ "AS IS' C7 INSULATION '80 ❑ 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; ❑ may assign but not be released from liability under this Contract; or X may not assign this Contract. 93 XII. DISCLOSURES' 84 (a) Radon Is a naturally occurring radioactive gas that when accumulated In a building in sufficient quantities may present B5 health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been 86 found In buildngs 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 Energy-Efficlency 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 Sailer 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 RECEIVED AND READTHE HOMEOWNERS' ASSOCIATION DISCLOSURE. 94 XIII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of: 95 (a) $ for treatment and repair under Standard D (If blank, then 2% of the Purchase Price). 96 (b) $ for repair and replacement under Standard N (If blank, then 3% of the Purchase Price). '97 XIV. SPECIAL CLAUSES;ADDENt7A: If additional terms are to be provided, attach addendurn and CHECK FIERE® . 98 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through Wan the reverse side or attached are incorporated 99 as a part of this Contract 100 THiS IS INTENDEDTO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEKTHE ADVICE OF 101 AN ATTORNEY PRIORTO SIGNING. 102 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORSQ AND THE FLORIDA BAR. 103 Approval does nor con stifuto an opinion that any of the forms and conditions in (his Contract should be accepted 104 by thapartfes in a particularIran sacflon. Terms and conditions should be nego flat adbase dupon the 105 respective interests, obje olives and bargaining positions of all in to res ted persons. 106 COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS) *107 { _' 02-13-201 f' StAi� (Buyer) Caroli Ile D. 31 nn; Chairman ]ata) (Seller) Kae ryn Karrick Clgratt ( ts) 7 '109 Social unity r TaxMarrs Social Security or Tax I.D. "110 "111 {Buyer) 1 Ronald L. Callahan, SRA (Date) (Seller) (Date) '112 Soclal Socurity orTax I.D. H _ CQ _Ri4jtt-ssf -War_ Au®nt Soclal Securily or Tax I.D. tl 113 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. 114 _ NIA (Escrow Agent) 115 SROKBITS FEE: The brokers named below, including listing and cooperating brokers, are the only brokers entitled to 116 compensation in connection with this Contract: "117 Name: H/A - NIA 116 ll r7CooperatIn9 Brokers, If any �} P Listing Broker Buyer( ^ 6' () and Sailer (g +'*. *' 1 {�� acknowledge reeelpt of a copy of this page. FARIBAR-5 Ray. 9r05 RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTOR" OR THE FLORIDA BAR This form Is licensed for use with Forsraulatnre Forms software by ISO McAlrister Publishing,Inc. 800.398-1027 do C3 119 STANDARDS FOR REAL ESTATE TRANSACTIONS 120 A. EVIBENCE OF TITLE:(]) An abetragt of 4111& prepared or brought current by a rapid able and existing abstract firm (U not existing than 121 cerlifted as correct by an existing firm) purporting to be an accurate synopsis of the Instruments affecting title to the real property recorded In 122 the putlllc reCards Of the County wherotn the real properly Is located through Effective Data. It shall commence with the earliest public records, 123 or such later date as may be customary In the county. Upon closing of this Contract, the abstract shall become the properly of Buyer, subject to 124 the right of retention thereof by first mortgagee until Fully pall. (2} A title Insurance commitment Issued by a Florida licensed title Insurer 125 agreeing to Issue Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance In the amount of the DW011996 prlee, Insuring 128 Buyer's title to the real property, subject only to liens, encumbrances, excaptlons or qualifications provided In this Gontract and those to be 127 discharged by Seller at or borers eloping. Sailer shall Convoy marketable title subfoct only to liens, encumbrances, exceptions or qualifications. 128 provided la this Contract. kierkolsbla title shall be daterrOnad according to applicable Title Standards adapted by authority of The Florida Bar 129 and In accordance with law. Buyer shell have 5 days from data of receiving evidence of title to examine It. If title Is found defective, Buyer 130 shall within sold 5 days. notify Seller In 1yrlting spaclfying the defact(a). If defact(s) render title unmarketable. Seiler will have 30 day from 131receipt of notice to remove the defects, foiling which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written 132 notice to Sailer either: (1) extending the Irmo for a reasonable period not to oxcoed 120 days within which Seller Shall use diligent effort to 133 remove the doleotS; Or l2) rOquo Sting 0 refund of deposil(s) paid which shall be Immodlatoly returned to Buyer, It Buyer falls la ee notify Seller, 134 Buyer shall be doomed to have accepted the title as it then Is. Seller shall, If title Is found unmarkelabla, use diligent effort to correct derect(s) 135 within the time provided therefor. If Seller Is unable to Ilmoly correct The defects, Buyer shall either waive the defects, OF receive a refund of 138 deposlt(s), thereby releasing Buyer and Sellar from all further obligations under this Contract. It evidence of title is delivered to Buyer less than 137 5 days prior to Closing, Buyer may extend closing data so that Buyer shelf have up to 5 days from date of reculpt of evidence of title to examine 138 some In accordance with this Standbre. 139 B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall 140 provide for a 30 -day grace period In the event of default H a first mortgage and a i5 -day grace period If a second or Casser mortgage; shall 141 provide for righl of prapaymont In whole or in part without penalty; shell permit acceleration In event of transfer of the real properly; shall require 147 ail prior liens and encumbrances to be kept In good standing and forbid modifications of or futum advances under prior mortgage(s); Shall require 143 Buyer to maintain policies of Insurance containing a alandard mortgagee clause covering all improvements located on the real property against 144 fire and all perils Included within the term 'extended coverage andorsemen[s' and such othar risks and perils as Seller may reasonably raqulrn.,. 145 In an amount aqua) to their highest Insurable value; and the mortgage, note and 6ecarlly agreement shall he otherwise In form and content requlrad 148 by Seller; but Seller may only require clauses and COverage OuslOm8rlly found in mortgages, mortgage notes and security agreements generally 147 utilized by savings and loan Institutions or state or national banks located In the county whefolo the real property Is located, All personal 149 property and leases being conveyed or assigned will, at Sailer's option, be subject to the lion of a security agreement evidenced by recorded 149 financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. 168 C. SURVEY: Buyer, at Suyer'a expense, within lime allowed to deliver evidence of title and to examine same, may have the real property surveyed 151 and certified by a registered Florida surveyor. IF the survey discloses encroachments an the real property or that Improvements located thereon 152 encroach on eelbuck lines, easements, fonds of others or vl Dlete any restrictions, Contract covenants or applicable governmental regulation, the 153 Bomarshall constitute a title defect. 154 D. T RM IT E S?WOOD 0FSTROYING ORGANISMS: Buyer, at Buyer's expense, wllhln the time allowed to deliver aridenco of title, may have the 155 Property inspected by a Florldn Certified Post Control Operator ('Operator') to determine H there is any visible active Iarmlte InfaslBlion or 168 visible damage from ternkto Infestation, excluding fences. If elther or bulbare found. Buyer shall have 4 days from data of wrltten notice thereof 157 within which to have coal of treatment, If required, estimated by the Operator and all damage Inspected and estimated by a licensed bullder or 168 general contractor. Seller shall pay valid coals of treatment and repair OF all derange up le the amount provided In Paragraph RIII(a). If 169 eallmated Costs exceed that amount, Boyar shall have the option of conceling this Contract within 5 days after receipt of Contractor's repa[r 180 estimate by glvI 0 written helico to Sellar or Buyer may sleet to proceed with the transaction, and receive a cred{t of closing on the amount lel provlded In Paragraph XIII (a).'Tormllos' shall be deemed to Include all wood destroying organisms required to be rapofled under the Florida Pest 102 Control Act, ae amendad. 103 E, [NORESS AND EGRESS: Seller warrants and represents that there Is Ingress and ogress to the real properly sufficient fonts Inlanded use 104 as described in Paragraph VII hereof, Atte to which Is In accordance with Standard A. 165 F. LEASES: Setter shall, not less than 15 days before closing, furnish to Buyer copies of all writlen leases and estoppel letters From each 10o tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rantand security deposit paid by tenant. If Sailor Is 167 unable to obtain such letter from each tenant, the same information shall be furnished by Seller and Buyer within [hat time period in the form of a lea Seller's affidavit, and Buyor may thereafter contact tenant to confirm such Information. Seller shall, at closing, deliver and assign all original 109 leases to Buyer. 170 B, LIENS: Seller shall furnish to Buyer at time of closing an affldavlt attesting to the absence, unless otherwise provided for herein, of any 171 financing statement, claims of Ilan or potential Ilonors known to Seller and further OResting that there have boon no Improvements or repairs to 172 the rael properly for go clay, immediately preceding data of ciosing. If the real properly has been Improved or repaired within that lime, Seller 179 sha 11 do liver refeae as or walvars of construction Ilona executed by all ganDrel Contractors, subcontractors, suppliers and malerlatmon in addition 174 to SBIISr'a Ilon affidavit setting foflh the names of all such general contractors., subcontractors, suppliers and malertaimaa, further affirming [hat 175 alt chargee for improvemenls or repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid 176 at the closing of thin Contract. 177 H. PLACE OF CLOSING: Closing shall be held In the county wherein the foal praparty Is located at the office of the atiomey of other ctoaloy 178 agent ('Clueing Agent') designated by Sailer. 179 L TIME: In Computing time periods of teas than six (8) dayn, Saturdays.. Sundays and state or notional legal holidays shall be excluded. Any time 180 periods provided for herein which shall end on a Saturday, Sunday, or it legal holiday shall extend to 5:00 p.m, of the next business day. Time Is of 161 the *seance in this Contract. 182 J. CLOSING DOCUMENTS: Seller ehatf furnlah rho dead, bIH of ,ala, construction lien affidavit, ownor's possess] -in afftdovll, assignments of 183 leases, tenant and mortgagee estoppel lettere and corrective Instruments. Buyer shall furnish closing statement, mortgage, mortgage node, 184 security agreement and financing statements. 185 K. EXPENSES: Documentary stamps on the dead and recording of corrective Instruments shall be paid by Seller. DOeumantary stamps and 180 Intnnglblo lax on the purchase money mortgage and any mortgage assumed, mortgagee dile Insurance Commllment with related fees, and 187 recording 91 purohese money mortgage to Sailer, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law Of 186 rider to this Contract, charges for the following related title services, nomely title or abstract charge, title examination, and soltlemenl 189 and closing fee, shall be paid by the party responsible for furnishing the title evidence, In accordance with Paragraph V. 199 L. PRORAT1ONS; CREDITS: Taxes, assosemenis, rant, Interest, Insurance Dad other expenses of the Properly shall be prorated through the 191 day before closing. Buyer shall, have the option of taking over existing pallclos of Insurance. If assumable, in which avant premiums shall be 192 prorated. Cash at closing shalt be Increased or decreased as may be required by prorations to he made through day prlor to closing, or occupancy, 193 If occupancy occurs before closing. Advance runt and security deposits will be credttnd le Buyer. Escrow deposits held by mortgagee will be 194 credited to Seller. Taxes shall be prorated based On the current year's tax with due of[owance made for maximum allowable discount, homestead 106 and other exemptions- If closing occurs at a data when 1110 current year's millaga Is not fixed and current year's assessment is avallable,taxns 196 will be prorated based upon such assessment and prior year's mlllago. If current year's assessment Is not available, than taxes will be prorated 167 on print YeaF'e tax. 11 there are Completed improvements on the real property by January lel of year Of cl.osing, which improvements were not In Joe existence on January tat of prior year, then taxon shall he prorated based upon priCr year's mlllago and at on equitable assessmenl to he agreed 199 upon between the parties; failing which, request shalt he made to the County Property Appraiser for an Informal assessment taking Into account 200 available exemptions. A. tax prorofioo based on an aellmate shall, at request of either party, be readjusted upon receipt of tux bill on condition 201 that a statement to (hat affect Is signed at closing. Buyer( dh C, ) ( _ 1 and Seliar {All� k 9T ) acknowledge receipt of a copy of this page. FARIBAR-5 Rov.6198 COPYRIGHT 1998.THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS® This form is licensed for use with Forssaukatall Forms Software by ISG McAllister Publishing, Inc. $00.338.1027 C-1 40 C7 202 203 204 265 20e 267 208 209 216 211 212 253 214 215 216 217 218 219 226 221 222 223 224 225 220 227 228 220 236 231 232 233 234 235 236 237 23a 239 240 241 242 243 244 245 246 247 248 240 250 251 252 253 254 258 268 257 258 250 280 291 262 288 204 205 266 267 268 269 27O 271 272 273 274 275 270 277 278 279 286 281 282 M.,SPECIAL ASSESSMENT LIENS; Ceflifled, Conflfined and ratified special assessment Ilene us of dale of closing (not as of EFfecllve Date) are to he paid by Seller. Pending liens as of date of closing shall bo nesumud by Buyer. It the Improvement has been substantially completed as of Effective Data. any ponding ]Ion shall be coraldared certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last eallmate or assessment for the Improvement by the public body. N,tNSPECTION, REPAIR AND MAINTENANCE: Seller warrants that the telling, roof (Including the fascia and soffi(s) and exterior and Interior walls, foundation, eenwolls (or equivalent) and dockage do not have any Visible Evidence of looks, water damags or structure] damage and that the septic lank, pool, all appliances, mechanical Items, hoaling, cooling, electrical,. plumbing systems and mac hlnory are In Working Condition. The foregoing warranty shall be limited to the Items specified unless olherwlse provided In an addendum. Buyer may, at Buyar'S expense, have inspections made of those home wllhln. 20 days after the Effecllve, Date, by a firm or Individual spoeiallzing In home Inspacllons end holding an occupational ilcense for such purpose (if raqulrod) ar by an appropriately Ilconsed Florida contraGlor, and Buyer shall, prier to Buyer's occupancy, but not more than 20 days after EffO0I1ve Date, report In wrltlhg to Soll9r suCh Ilam5 that de not moot the above slanderds as to defects, unless Buyer timely FepOttS Such defects, Buyer shall be doomed to have waived Sollar's warranties as to defects not reported. If repalFS or raplacemenle are required to comply with Ihls Standard, Seller shall Gauss them to be made and shell pay up to the smlunt provided In Paragraph XIII (b). Seller Is not required to make repairs or replecomenls of a Cosmetic Condlllon unless caused by a defect Sailer I5 responsible to repair or replace. If the coal for such repair OF replacement exceeds the amount provided in Paragraph XIII (b}, Buyer and Salter may elect to pay such excess, falling which either party may cancel this Contract. If Seller is unable to Conant the defects prior to closing, the cost thereof shall be paid Into escrow at closing. Seller shall, upon reasonable notice, provide utilities service and access to the Properly for Inspections, Including a walk-through prior to closing, to confirm that ail hams Of personal property are on the real property and, subject to the foregoing, that all required repalre and replacalnartta have bean made end that the Property, Including, but not limited to, lawn, shrubbery and pool. If any, has been maintained In the condition existing as of Effective Dale, ordinary wear and leer excepted. For purposes OF this Contract: (a) 'Working Condlllon` moans operating In the manner In which the Item was designed to operate; (b) 'Cosmetic Condlllon' means sestheltc Imperfecllons that do not affect lhn working condition of the Item. Including, but not Itmlled to: pllted mafoltet missing or torn scroons: fogged windows; (sots, worn spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, sc rate has, dente, scrapes, chlps Or caulking In callings, walls, floorings, Fixtures, or mlrrora; and m1for cracks In floors, tiles, windows, driveways, sidewalks, or pool docks; and (cj cracked roof tilos, curling or worn shingles, or limited roof life shell not be considered defects Seller must rapelr or replace, so long as there la no evidence of actual leaks or leakage or slrucirual damege, but missing Was will be Seller's responsibility to replace or repair. O. RISK OF LOSS: If the Property In damaged by fire or other casualty before closing and cost of Featdratlon does not exceed 3% of Rha assessed valuation of the Property so damaged, cost of re5lorallon shall be an obilgolfon of Seller and closing Shall proceed pursuant to Ina terms of this Contract with restoration costa escrowed at closing. IF the cost Of restoration exceeds 3% of the assessed valuation of Ihs Properly so damaged, Buyer shell have the option of allhsr taking the Property as Is, together with either the 3% or any Insurance proceeds payable by virtue of such loss or damage, or of ca000ling this Contract and receiving return of the doposh(s). P.PROGEEDS OF SALfl; CLOSING PROCEDURE; The deed shall be recorded upon clearance of funds. if an abstract or (1110 has been furnished. evidenco of title ahull be corttlnued at Buyer's expense to show title In Buyer, without any oncumbrancas or change which wound render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Sollar's attorney or other mutually acceptable escrow agent for a period of not more then 5 days after closing date. If Seller's title is rendered unmorkelablo, through no fault of Buyer, Buyer shall, within the 5 -day period, notify Seller In writing of the defect and Seller shall have 30 days from dale of receipt of such notification to cure the defect. If Sailor fails to timely cure the defect,all deposll(s) and closing funds shall, upon written demand by Buyer and wEthln 5 days after demand, be returned to Buyer and, elmullaneously with such repayment, Buyer shall return the personal property, vacate the real property and feconvoy the Properly to Sellar by special warranty dead and bill of sale. IF Buyer tolls to make timely demand for refund. Buyer shell take (tin as Ea, waiving all rights against Seller as to any Intervening defect except as may be available In Buyer by virtue of warranties contained in the dead or bill of sale. If a portion of the purchase price IS to be darlvad from Institutional financing or refinancing, requirements of Ilia lending Institution as to place, [line of day and procedures for closing, and for dlsbursement of mortgage proceeds shall control over contrary provlslon In this Contract. Seller shall have the rlghl to require from the lending Institution a written commitment that It will not withhold dlsburaement Of mortgage proceeds as a FBSull Of any title defect attributable to Buyer mor(gloOf. The escrow and closing procedure required by this Standard shall be waived If the title agent Ineures adverse matters pursuant to Section 827.7841, F.S., as amended. G. ESCROW: Any escrow agent ('Agent*) receiving funds or equivalent Is authorlaed and norsds by acceptance of them to deposit them promptly, hold same In escrow and, subject to clearance, disburse them In accordance with terms and conditions of this Contract. Fallure of funds to clear shall not excuse'Buyer's performance. If In doubt as to Agent's duties or liabilities under the provisions Or this Contract. Agent may, at Agent's option, continua to hold the subject matter of the escrow until the parties herelo agree to Its disbursement or until. a Judgement of a court of competent jurladlei Ion shall determine the rights of the parties, or Agenl may deposit Rome with the ctefk of (he circuit court having jurlsdlctlon of the dISPUIO. Upon notifying all parties concerned of such action, all liability on (ha part of Agent shall fully tefminate, exGepl to the extent of accounting for any Rema previously delivered out of escrow. If a licensed rear estate broker, Agent will comply with provlslons of Chapter 475, F.S.., as amended. Any suit between Buyer and Sollar whcraln Agent Is made a party because of acting as Agent hareunder, Of In any suit whefln Agent Inlarploads the subject matter of the escrow, Agent shall recover reasonable atlmney'S fees and COSI5 Indnf Fad with these amounts to be paid from and out of the escrowed funds or equlvalent and charged and awarded as court costs In favor of the prevailing party. Tie Agent shall not be liable to any party or parson for misderlvory to Buyar or Sollar of Items subject to the escrow, unless such misdaNvery Is due to willful broach of the provisions OF thin ConlraCI. Or gross negligence of Agont. R.ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or Interpreletien, 81131119 out of Ihla Contract, the pravailing party In such litigation, which, for purposes OF this Standard, shall Include Seller, Buyer and any brokers acting In agency or nonegency relationships aulhorizad by Chapter 475, F.S., as amended, shall be entitled to tee Over from the non-prevalling party reasonable attorney's fees, cents and expenses. S. FAILURE OF PERFORMANCE; If Buyer falls In perform this Contract within the time specified, Including payment of all deposits, the deposit(s) paid by Buyer and deposlt(s) agreed to be quid, may be recovered and retained by and for the account of SeIltrr as agreed upon liquidated damagas, consideration for rho execution Of this Contract and In full settlement of any claims; whereupon. Suyur and Seller shall be rat'leved of a61 obligations udder this Contract; or Sailor. at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure Of Seller to make Sollar's title marketable after diligent effort. Seller falls, neglects or rafoses to perform this Contract, Buyer may seek specific performance or 81001 to reCelvB 1118 return of Buyer's deposit(s) without thereby waiving any action far damages resulting from Sollar's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE. Neither this Contract nor any notice of It shall he recorded In any public records This Contract shall bind and Inure to the benefit of the parties and their aucceSSOFS In l0t051, whenever the context parmlls, singular shell Include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as If given by or to that party. U. CONVEYANCE: Seller shall convey title to the real property by statutory warranty. Irustoe'S, personal representative's or guardian's dead, as appropriate to the status of Sailer, subject only to matters, contained In Paragraph VII and those otherwise accepted by Buyer. Persona[ property shelf, at the request of Buyer, be transferred by an absolute bill of sale with warranty Of Mlle, subject only to such matters as may be oiharwlsa provided for herein. V. OTHER AGREEMENTS: No prior or present ogroemenls of rapresenlallons shall be binding upon Buyer or Sellar unless Included In this Contract. No modlflcatlon to or change in this Contract shall be valid or binding upon tho parties unless to wrlNng and executed by 1110 party Or parties Intended to be bound by ll. W. WARRANTY: Seller warrants that there are no facts known to Seller malorially affecting the value of the Property which are not readily observable by Buyer or which hnva not been disclosed to Buyer. Buyer( (_J and Seller ('� ' ) I Y acknowledge reCelpt of a copy Of this p29o, FAR.tBAR-5 Rev. 8706 COPYRIGHT 1998 THE FLORIDA BAR AND THE F LOR I DA ASSOC IAT ION OF REALTOR S6: This form is licensed for use with Furmula tore Forms Software by ISG McAllister Publishing, Inc, 800-336-1027 C> 40 Addendum TO CLYATT COMAU L'onaerningthe property known as 5th street SW between 43rd ANd--56th Avenues /C 3.yA=_.prgp PURCHASE PRICE OF THE LANDr 1. $18,000 PER ACRH x 0,476A_CREB_. $8,568.00 ADDITIONAL COMPENSATIONt 1. COUNTY AGREES TO PAY $0.15 PER SQUARE FOOT FOR GROVE RESTORATION, H.(3, REPLACE SERVICE ^ ROAD, RESTORE DRArNAGB DITCHES, CLEARING, gm THIMSFORM 20,724 SQUARE FEET R $0.15 PER SOUAR$_FgOT .. $a, 106.50 ^ 2. COONTY AGRH$3 TO PAY $50.00 PER CITRUS TREE FOR THE 24 TREES _ OUT OF THE RUMT-OF-WAXs WHICH WILL BE LOST IN RE-CREATING A "TMMAROOND AREA". THEREFORE 24 TRUSS X $50.00 PER TREE . $1,200.00 TOTAL COMPBNSATIONt A) PURCHASE PRICK OF LAND AND TREES WITHIN THE R/W - $ 8,566.00 ki_1U? MONAL COMPENSATION FOR GROVE RESTORATION $ 3,108.60 C ADDITIONAL COMPENSATION FOR 24 CITRUS TREES 1,200.00 TOTAL CONPENFSATION - $12r876.60 3lgnature Gar lin Q. Gin Irma f 13CC Signature Ronald L. Callahan, Co.R/W Agent Signature Kathryn Ka ick Myatt, sellar 02`1-2001 Dale 1& -160 Date Date Sgnature pate This farm Is licensed foi use with Formu[oYnre Forms Software by 156 McAllister PuWish[ng, Inc. 800.336-1027 e ■r r.� n n—^ - c� um -ER N�Fi - VS� pQ (Dm> ko 7'p�7'Mr�;,N.. O 40 U). N 0 Ln fU❑ @ Q Q ro b r' .{Z7� 3 W O z {n ��J\,rn N u+ fl C7"7"� p 0 W a N G9 d , �p t9 0 Q @Dn p C6 o W b cb m 3 AO — L�1 ; [ 11117 C3 O p + P+ m Lo rn Lary �. to CD O �Q �j.�o V C) N C C , Qui -I ID ID r4 � t2. n 2 z M CO d e. � W rn° N C7 ❑' N O V P V TI O N dC - � p 6D G a dEn 2 En N OC4 64 FrI n > �O n rn 0 C �, p a e>_ C �^ pro. > C? --q .�- a �n Lr] @ [bZE m Q fl n m1 m G� ® a a P1 z v ..,1 Oro 0 Cn• m �4 N m 3'CD 5- r ACAD DWG. FILE: SSW.DWG Plotted 1--5•-00 (View "TR7--4") 133Q.a5 Tract Line 3© 6Q' 125'. W W N N N {�ji {�jl � _ W y � � � � O fel � V V � � cin � �t�7 W -- N �N N �Q Q��rnrl V V U1 � -., tD A N � A C7 s? z GJ � 3a V �iracf Line 12�' EXHIBIT Ei1�