Addendum #1
COUNTER OFFER/ADDENDUM Loan # 0040501090
"LPS)
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THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
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10385 Weslmoor Dr
Weslminoter .CO 80021
Cnrnnr,;;!p
ADDENDUM TO "AS IS" REAL ESTATE PURCHASE CONTRACT
THIS ADDENDUM TO THE "AS IS" REAL ESTATE PURCHASE CONTRACT ("ADDENDUM"IIS MADE PART OF THAT CERTAIN
"AS IS" REAL ESTATE PURCHASE CONTRACT rCONTRACT") DATED OCTOBER 20, 2009 BETWEEN AURORA LOAN SERVICES, LLC.
AND COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR THE PURCHASE OF PROPERTY KNOWN
AS 2435 31ST AVE NE, NAPLES, FLORIDA 34120.
Purchase Price $83,600
Closing Date December 04, 2009
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Seller and
Purchaser agree as follows:
1. Effect of Addendum. In the event of any conflict belween this Addendum and the Contract (collectively, the
"Agreement") or escrow Instructions or notice or other documents all ached to this Addendum, the terms of this Addendum
shall prevail, except as otherwise provided by law.
2. Purchase Price. The purchase price $83,600 for lhe Property shall be paid to Seller in certified lunds at the
Closing.
3. Earnest Monel,'. Immediateiy following Seller's acceptance of the Agreement, escrow will be opened by both
parties with an escrow agent designated by Seller or otherwise acceptablo to Sollor. The earnest money deposited shall be In
the amount of $2,000.
4. Time of the Essence; Closlno Date. The parties agree thai time is of the essence as to the closing date and to
all dates opeclfied in any addenda, riders or amendments thereto.
The closing December 04, 2009 shall take place on or before lhe date set lorth above, or within five (5) days of final
loan approval by Purchaser's lender, whichever is earlier, unless the Closing date is extended in a writing signed by Seller and
Purchaser or extended by Seller under the tenns of the Agreement. The Closing shall be held in the offices of Seller's
attorney or agent, or at a place designated and approved by Seller, and convenient to all parties.
5. Per Diem. In the event Seller agrees to Purchaser's request for a written extension of the Closing data, Purchaser
agrees to pay to Seller $100,00 per day as a penally through and Including the new Closing date specified In the written
exlension. If the sale does not close by Ihe dale specified in the written extension, Seller may relain the Earnest Money and
the accrued per diem payment as liquidated damages pursuant to Section 22 of thiS Addendum.
6. .Mo~ Contll1gency. Purchaser's obligation to purChase the Property under the Agreement (check one):
L-) IS L X J IS NOT conlingent on Purcilaser obtaining financing for the purchase of the Property.
In the event the Agreement is subject to the Purchaser obtaining a mortgage, then the Purchaser shall obtain a firm
written commitment on or before November 09,2009 (the "Commitment Date") If a flnn commitment Is not obtained by the
Commitment Date. the Agreement shall be'l'lull and void and neUher party shall have any lurther rights, obligallons or lIabllilles
to the other However, notwithstanding the foregoing, the eOlrnest money may be refunded oniy if the Purchaser has made a
mortgage applicallon within three (3) days of the receipt of a fully executed Contract, has acted in good faith and has
otherwise complied with the terms and conditions of the Agreement Notwithstanding the loregolng, the Seller, In writing only.
at its sole and absolute discretion, which may be arbitrary, may extend the dale for obtaining a firm written commitment.
Purctlaoer agreeo lhatthe party holding escrow monies Will release silid funds once provided with a declinalion letter
Irom Purchaser's lender, withoul any further action or consent from Purchaser.
7. Inspection.
I. Within seven (7) calendar days after the Seller Acceptance Date, defined to be dale the contract was ratified.,
Purchaser shull Inspecl the Property or obtain for lIs own use, benefit and reliance, inspections andlor reports on the condillon
of the Properly; otherwise, Purchaser shall be deemed to have waived such inspection and any objections to the condition of
the Property and to have accepted the condition of the Property for all purposes. Purchaser shall hold Seller harmless Irom
allliabilily claims, demands, damages, and costs related to Purchaser's Inspection.
IpOfr_Clf_'9
COUNTER OFFER/ADDENDUM Loan # 0040501090
"LPS)
..-.:;./
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
.00":':t,,...."r:Clll h~
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1 03H!l Westmanr Dr
Weslmin,ler,CO 80021
Corporate
Fa.
II. Purchaser shall not directly or Indirectly cause any inspection to be made by any government building or zoning
inspector or government employee wilhoullhe prior written consent of Seller, uniess such inspecllon is required by law.
Ill. If the Property is located in a jurisdiction that requires a certificate of occupancy, smoke detector certification,
septic certification or any similar certilication or permit or any lorm of Improvement or repair to the Property (collectively,
"Permlls and Repairs"), Purchasor 8cknowledges and agrees that Purchaser shall be responsible for obtaining any and all of
the PermH~ and Repairs at Purchasflr'~ sole cost and expense. Purchaser shall make application for all Permits and Repairs
within ten (10) days of the Seller Acceptance Date
Iv. Within three (3) calemlar days of receipt of any inspection report prepared by or for Purchaser, but not laler than
ten (10) days from the Seller Acceptance Date. whichever first occurs, Purchaser will provide written notice to Seller of any
disapproved Hems, Purchaser's lailure to provide written notice shall be deemed as acceptance of the condition 01 the
Property.
v. Upon request by Sollor, Purchaser shall provide complele copies of all inspection reports upon which Purchaser's
disapproval of the condition of Irle Property is based Seller shall have the oplion, in their sole tJiscretlon. to adjust the selling
price, make repairs or cancel the Agreement In no event shall Seller be obligated to make any repairs or replacements that
may be indicated in Purchaser's inspection reports, If Seller elects not to repair the Prapeny, Purchaser may cancellhe
Agreement not later than ten (10) days from the Seller Acceptance Dale and the Earnest Money shalt be returned to
Purchaser. if Seller elects to make ilny such repairs to 1t16 Propeliy, Seller shall notify Purchaser after cornpletion of the
repairs and Purchaser shall have throe (3) days from the dale of notico to Inspect the repairs and notify Seller of any
disapproved Hems. Purchasers iwHure 10 disapprove such repairs in wrrtlng shall be deemed as Purchaser's acceptance
thereof
vI. if Seller has agreeo to pay lor treatment 01 wood infesting organisms Seller shalllreat only active Infeslatlon. All
treatments for wood infesting orHanlsms alld other repairs will be comploted by a vendor ap~roved by Seller Seller agrees to
pay up to SU for said treatment.
vii. Any repairs or treatments made or caused 10 bo rr,tllll:l by Seller shall be completed prior to (he Closing. Under no
circumstances shall Seller be i'tJqu:red to make any repairs or treatments after the Closing date.
vIII, Purchaser acknowledges that the Closing of this transaction shall be deemed Purchaser's reaffirmation that
Purchaser ie; satisfied with Ihe condition of 1I1e Property lor all purposes and satisfied willi all repairs and treatments to the
Property, It any, and waives any und all claims related to such condition of Ihe Property and/or to the quality of the repairs or
treatments tu the Property.
Ix. Notwithstanding the foregoing. neither Purchaser nor lis representatives shall enter the Property to make any
repairs or treatments prior to thti Closing without t11e prior written consenl of Seller. To the extent that Purchaser or lis
representativos make repairs and/or treatments to the Propeny prior 10 tile Closmg, Purchasor hereby agrees to release and
indemnity Seller from and agalnsl any anll all claims related in allY way 10 the repairs and/or treatments.
8, Condomlnlum/PUD/Homeownars Association. If the Property Is a condominium, planned unit developmenl,
homeown or's association or w.operatiye, tUJJess othelwise reqUired by law, Purchaser, at PIJrchaser's own expense, is
responsible lor obtaining and rlNreWI,'V the coventlnts, conc;Hlons, restnctions and/or bylaws of the relevanl entity within seven
(7) clays of tile ~ellar Accepl<.Jllce Dale Selier agrees to use reasonable eftorls to assist Purchaser in obtaining a copy said
documents. Purchaser will be ofJemed to have accepteo the covenants, conditions, restrictions and/or bylaws If Purchaser
does not notify Seller In wrillng. within (en (10) days 01 tho Seller Acceptdnce Dale, ot Purchasor's objection to the same.
9, Condllion of Properlv, Purchaser acknowledges cmd understands Ihat Seller acquired the property by
foreclosure. ue~d In lieu of loreclosure, forfeiture, tax sale, nght of "I'linent domain or similar process, and Seller
consequently has little or no direct knowledge concernln!) Ihe condltlun of the Property. As a malenal part of the
considerEltlon to be received by Seller under the Agreement, os negotialed ami agreed to by Purchaser and Seller, Purchaser
acknowled~Jes and agroes to iJCCI)pt ttltJ Propeny In "as-Is," "where IS" condition at tile time ot closing, Including, without
limitation, zoning, land use or building code requirements or compliance With any law. rules, ordinances or regulations of any
governmentai ~ulhonty: any hidden detects, enviralllllental conditIons afiectln9 the property, or the eXistence or mold, whether
known or uni{roown, whether sucll clerech or condilions weru discoverClblu t1lrough Inspeclion or nol
II thel" IS an enforcement procHodinv mising from ailegallons of such violations before an "nforcemenl board. special
master, court or similar enforcement body. al.ld neither Purctlaser nor Seller terminate the Agreement. Purchaser agrees (a)
to accept the Property subject to tile violations, (b) to be rosponsible< for compliance with the applicable code or regulation and
with orders issued in any codtJ enfurcement proceeding, :1nd (c) 10 resoive the deficiencies as soon as possible after the
ClOSing. Purr;l,aser fur1her agrtics to Indemnify Seller from nny alllj all claims or liability arising from Purchaser's breach or
this section
10. Disclosure. Purchaser llcknowledges and agrees tj,allhe Property was acqUired through foreclosure, deed in
lieu of foreClosure, forfeiture, tax sale. tlr1llf\~nt domain or sUllllar process. Accordingly, to Ihe fullest exlent allowed by law,
Saller sh<311 be tlxempt from providl:lCJ 01 filing allY disclosure statAmenl With respect to tha Property
rpOfl_Clr...'O
COUNTER OFFERJADDENDUM Loan # 0040501090
LPS)
~
THIS IS INTENDED TO BE A L EGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
103B!1 Wustmour Dr
WeslrTlnslor.CO 80021
Corpcrale
\=i)X
11, Occupancy Status of Pr~ Seller, ils rt;>>resenl<.llives, agents and assigns shall not be responsible for evicting
or relocallng any tenants or occupants ur personal propurty at the Property prior to or subsequent 10 the Closing, unless
otherwise sp~~ifically agreed to In wrlling by Seller
Seller 11,1S no knowledge uf s'~I;unly doposils and none will bd II dn,;(erred 10 Purchaser at closing Purchaser is
respunsible to any occllpants tor tl1t; '("turn of any sec,rrlly deposits.
Purchaser forther agrees tu as'iiJrne all responsibility and liability for the refund of such security deposits to the tenants
pursiJ<:mlto U1e provisions 01 applicablu laws iind regulations. All rent. due and payable end collected from tenants for the
month in which the Closing uccur", Villi bB prorated according to the provisions of Section 13 of this Addendum.
Purchaser acknowledges 3no agrees Itlat the Propel1y may be subject to the provisions of local rent control ordinances
and regulations. Purchaser <lgreu~ thai us of the Closing all eViction proceedings and other duties and responsibilities of a
property owner and landlord, including nut not limited 10 those proceedings required for compliance with such local rent
conlrol ordinances and regulalinns, shall be Purchas~r', ~ule responsibility and cosl
Purchaser will not use ur occupy ur Cill1~e or permit \lthers to use or occupy the Properly prior to Closing.
12. Personal Propertv. Purdla~8r agrees that any Items of personal property, now or hereafter located on the Property
(collectively, .Personal Property") shall not be Included In the sale of the Property or the Purchaso Price unless eech item of
PerS0I1<:l1 Propurty is speclfically1e'icnlwd and referenced In this AddefllJum. Purchaser assumes full responsibility for any
Personal Pruperty remaining on 111" r'foperty at the time 01 ClOSing. Any Personal Property sold by Seller shall be eccepted
by Purcila!;e, on an "as IS, wlwrH IS' UJSIS Without represCln!nllOll Of warranty uf any kind or nature and specifically excluding
any vvarrclr,~les Jt rnercl1Jl1l<1bdily (jf II:ness for iiny partlculm purpose
13. Closlnq Costs and AdlllstH1~Jlts Purchaser ~f1d Seller <Jgroe to prorate the following expenses as of Closing:
muniCipal "".ller and sewer ch.lfges, .Jl:lity charges. real e:;latu taxe, .md assessments, common area charges, condominium
or pl<Jnnu'J unJl development UI "'iilar community ass8s';'lI<mlS, c(Jopemtive lees, maintenance fees, antl rents, il any.
Payment 01 speCial assessment (li:,t:lcllJonds and ass~s"meflls, and payments of homeowner's as:;uciation of special
assessments shJII be paid CiJlTOnl anl] i,rorated between fJurcl1aser and Seller as of the Closing dale with payments not yet
due and uwing 10 be assllmeci IlY h;rci18ser Without Gf()jit toward tile PU/cha,e Price
Sellar :;hdll :rDt be respOll5r:de for any amounls due, pail] or 10 bo paid after Closmg. In the event Seller has paid any
taxes, special assessments or oUler fees and Ihere IS d I~fund of any SUCll taxes, assessments or fees after the Closing, and
Purchase', as Gurrent owner uf tile Property, receives the paymenl, Purchaser will immediately submit any refund (0 Seller.
For purpuses of any seller cnncp,ss'on, the lerm -closll1g COSIS" sllall nol include any amuunts escrowed for taxes or
insurDnr.e by a lender
If the Propel1y is 11eated or hati stol'iige tanks for fuel oil, liquufied petrOleum gases or similar fuels, Purchaser will buy the
fuel in the tflnk al Closing at tlltl current price as calcuiated by Iile ~upplier.
Recording fees, escrow fe." and other custom<Jry cio:;ing costs with the exception of transfer taxes, shall be paid by either
Seller andicr Purcl1<Jser in the rnallr1f:r customary for reslden!ial feul f:!slale transactions in the metropolitan area or city In
which tho P1opf311y lS located
1\11 clhlll Gusts and eXpenSfJ~, Hkluding ,my cost. expense or trallsfer tax Imposed by any state or local entity not otherwise
addre5~eu ~l'~reln, shalllJe piiJc1 tJ'r' F')lJld1a~er
14. ~lli~ Purchi.lse,. sl',11I PLiY Itl~ co:;t of any S~rVHY No ~urvey shall be providod by Seller.
15. III.ll,abll: title.
I. Soliel sl1all give and PlJILI:dse, 'i'wll accept SUdllill" as Sr:ller\; title insumnce company shall be willing to approve and
Insur~ III dC8rdance with il:; ,Id" Jdld 'urm uf Iitle policy approved by 'he governing aOBncy for n,e stDle wl1ere the Property is
localod sub;~ct unly 10 Ihe lr'AI,"; prowlad for in the Aqreelllont.
ii, Unlll5~ olhelv"ise Hldicolee. bulo~,. ~if:llel shall fun 11,11 iOul ::I1",;e" i.lllb IJXpellSe, <) fee (owners) title policy, with
coverU80 m the dlTIounl of tne uurcJ13s1~ ")rJce.
rpOfl_Ctt_19
COUNTER OFFER/ADDENDUM Loan # 0040501090
'LPS) ,
._~
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ i r CAREFULL Y
10385 Weslmoor Dr
Woslmlnsler,CO 80021
CorpOfJte
Fo,
__._ ,. (Purchasers must illitiallltire, if Clppliceble) I/We will obtain a lee Iitle policy alld/or tiUe exam at mylour expense,
DO NOT INITIAL THIS IN A STATE WHERE THE SELLER HAS THE RIGHT TO CHOOSE THE TITLE COMPANY. IN
SUCH CASE, SELLER RETAINS AND RESERVES SAID RIGHT
ill. In the event Purchaser chllClses to obtain lIHlir own fee (owners) policy andlor Iille exam, they shall order the same
within three days of Purchaser's executilJn of the Contract, ur any dlld all objecliuns to tille shall be waived,
PUrCll<lSer must nulify Seller's attorney of any and all tille objections at least ten days before closing, or all objections 10 title
shall be waived If Seller canl1ul cure said objections after a good faith effort, or to do so would delay tile closing beyond Ihe
original or 3ny extended closing datu, Purchaser agrees to accept a rile (owners) tille policy, as staled above, at Seller's
expense, Regular rates must apply 'ieller agrees to pay the premium for a fee (owners) tille policy only if the policy is Issued
by Seller's selected title Jgent
If a mortgagee policy is reqlllred, Purchaser shall be responSible for payment of the full premium.
Iv. Seller shall not be obligallld to remove any exception or to bring any Action or proceeding or bear any expense In order
to convey title to the Property or to m<Jke the tllle marketable or Insurable, and any at1empt by Seller 10 remove such tllIe
exceptions shall not impose an obligation upon Seller to removo thlJse exceptions, Purchaser acknowledges that Seller's title
to the Property may be subjecllo court approval of a foreclosuro or to a mortgagor's right of redemption.
In tile event Seller is not ablo to (;;) make the title insurable m ClJrrect any problems or Ib) obtain title insurance from a tille
insurance company selected by Seller all as provided horein, either P,1I1Y may terminate the Agreement and any Earnest
Money sllall be returned to PU'ChdS~1 and Seller sllalll13ve flU rurHler obligalion or liability to Purchasor hereunder. Section
21 bolow ,1/so provides thai Se'iur nwy extend the date of Closlllg or tmrninate Ihe Agreement if Seller determines, in Seller's
sole and 3bsolute discretion, that Sp.ller is unable 10 corvey insuralJle tille 10 the Property.
16. Real Estate Commission. Seller shall pay a real estate commission pursuant to ttle listing agreement between
Seller and Seller's listing broiler
17. Delivery of Funds. liegardless of local custom, requirell11lnts, or practice, upon delivery of the Deed by Seller to
Purchaser, Purchaser shall dellve' ail funds due Seller from 1I11l sale rn the form of certified check or wire transfer. Failure to
deliver fUllds according to eillHJr of the atOresaid methods shalll.Je considered breach of the Agreement.
18. Delivery of Possession of Property. Seller shall delivllr possession of the Property to Purchaser at the Closing and
funding of the sale. Pursusnllo Suction 1 " of this Addendum, Ihe delivery uf possession shall be subject 10 the rights of any
tenants Of' parties in possession, if Purchaser alters the Property or cau~es the Property to be altered ill any way andlor
occupies Itl" Property or allows ,my olll!H person to occupy the Property prior to Closing and funding without the prior written
consent of Seller, such event ;,I1":! c.>IIstitulu a brBach by Purchu~el under lIle Agrellrnenl and Seller may terminate the
Agleenlent.
19, Form of Deed. rhe der;u 10 IJe delivered at Closing Sll<llloo a deeu 1113t covenants that grantor grants only that title
which granlor may have and IIldl [jr~;',lor will only defendtille :l'Ja,lls1 persuns Claiming by, through, or under the grantor. bul
not otherwise (which dued may be liI1uwn as a Special Warranty. limited Warranty, Qu,t Claim or Bargarn and Sale Deed).
20. ~ As a materlol part of the consideration to be received by Seller under the Agreement, as negotiated
and agreed to by Purchaser and Sellor, Purchaser waives the following:
I. All rights to file and maIntain an action aga(nst Seller for specific performance and any rIght to record a 115
pendens against the Property or to record or file the Contract, this Addendum or any memorandum thereof in the
offtclal [(lal property records, or any other remedy tbat would prevent Seller from conveying the Property;
II. Any and all claims arising from tho adjustments or pro-rations or errors In calculating the same that are or may
be discovered after closing;
III. Any remedy of any kind, other Hlan as expressly provided in this Addendum, to which Purchaser might
otherwise be entitled at law or in eqlllty, whether based on mutual mistake of fact or law or otherwise;
Iv. Any right to trial by jury, <;XC(!pt as waiver thereof 15 prohibited by law, In any litigation arising from, or
connected with or related tu the Contract andlor Addendum:
rpOfr_CIf_IO
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
LPS)
-~
COUNTER OFFER/ADDENDUM Loan # 0040501090
.ftll~~" .."r:.';,,": ,"'I
,~......;. ,..
10385 W.,'moor Dr
Woslmlnsler,CO 00021
Corpor.le
Fa.
v. Any claim for 1055 Dr damage, Including, without limitation, Indirect, special Dr consequential 1055 or damage
arising from, based upon, due to or otherwise related to:
(a) environmental conditions affecting the property, Including but not limited to mold, lead paint, fuel 011,
allergens or other toxic substances of any kind;
(b) encroachments, easements, shortages In area Of any other matter which would be disclosed Of revealed by a
surveyor inspection of the property or search of public records; and
In the event Purchaser breaches any of the warranties described or contemplated under thl5 Section and a court
finds that Purchaser's legal action Is without merit, Purchaser 611all pay all reasonable attorneys' fees and costs
incurred by Seller In defending such action, which amount shall be In addition to any liquidated dameges held or
recovered by Sellcr pursuant to Section 22 of this Addendum.
21. Conditions to Seller's Performance. Seller stlall have the right, at Seller's sole discretion, tu ex lend the Closing
date or to terminate the Agreemenllf'
I. Seller determines that it is unable to convey insurable litle to tile I)roperty tl1fough a tiUe insurance company selected by
Seller at regular rates;
II. Sullur has ellher 50ld or has agreed to selJihe loan secured by the Property 10 another party
111. 1\I1Y third party, whether tenant, homeowner's associatlol1 or olherwloe. exerci::;e::; riullts under a rigl)\ of first refusal,
option or slInilar right to purchase the Property;
Iv. Seller has transferred and conveyed the Property to a third party: or
v. The Purcl)ase Price is insufficient to pay tho sum of the closing cosls, taxes, commissions, and any liens on or
obligalloJl::; secured by the Property that Seller has agreed 10 pay hereunder.
vI. A cour1 uf law overtums a foreclosure sale, trustees sale, sheriff's sale Dr the like, or dead in lieu transaction. that lead
to seller or its predecessor, successor or assign, taking title to the property
viI. Tim Property is affecled by an environmental hazard, as determined by Seller
vIII, Seller has received ofilcial notice that the Property is in 'Jiolatlon of building code~ or similar laws or regulations.
In ttm uvent Seller elects to lerminate the Agreement as a result of <illY uf the foregoing. the Earnest Money shall be
retumed to Purchaser und the parties shall have no further obligation under Ihe Agreement.
22. Remedies for Default. In the event of Purchaser's defauil, material breach or misrepresentation of any fact under
the terms of the Agreement, Seller, at its option, may retain the LJiJrnest money and any ether funds paid by Purchaser as
liquidated damages and/or invoke any oth'tV'remedy expressly set forth rn Ihe Agreement (or allowed for by law) and Sellar is
automalically released trom the obligation 10 sell \tIe Property to F'urchaser and neither Seller nor its representatives, agents.
attorneys, 5uccessors or assigns shall be liable to Purchaser for <:lilY dumages of any kind as a result of Seller's failure to sell
and convey the Property Purchaser acknowledges and agrees thot by signing this addendum, seller shall have the righllo
retain flr seek Ihe release of the earnest money L1l1der this Secllor, wilhout any furlher action, consent or document from
Purcn<:l,ol.
Seller's "Denis, representatives, attorneys, closing offices and \t1Clr successors Jnd nS518ns are hereby authorized by
Purerlds"I'S signature on the Agreement \0 release the earnest nlol1ey depOSit or other such funds to Soller at Seller's request
wilhuut dllY iurther written authorization or notification. Purchaser shall'lOld harmless and Indemnify such ngents, nttomeys,
clOSing uffices, ~nd their successors or assigns for any costs incurr"d wrlatsoevlll, relating 10 the diobursement of such funds,
includlny court costs and actual attorney fees.
Purcr,Clser agrees that Seller shall not be liable to Purchaser 101 dny speciiJl, consequenlial or punitive damages
whatsoever, whe\t1er in contract, tort (Including negligence and :.;tncIIiClbl!lty) or any otllt;[ legal Dr eq,,,table principle.
PUICr,iJ~fH acknowledges Ihalln the event of termination ollhe A9reernonl. return of Purchaser's Earnest Money can
ndequ<Jtely <lno fairly compensate Purchaser. Upon return of the Earnest Money tu Purchaser, the Agreement shall be
lermlnated, and Purchaser and Seller shall have no further liability. obligation, or respullsibility to each olher.
qlOfr Cb 19
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMEN r
READ IT CAREFULL Y
, -u;s)
.~
COUNTER OFFER/ADDENDUM Loan # 0040501090
..n,:::",~:..,~",:!".t ..,.
10Ja5 WeslrnOfJ( D"
West1l1in~.,ter.CO 80021
CorporiJ((,l
Fax
Seller shall only be In default under 'he Agreement if Purchasor delvers written notice 10 Seller detmling the default and
Seller fails to curu suctl default within 20 days of receipt of such writttm no lice (or such longer period of time as may be
necessary, provided that Seller diligently pursues such cure). If Sellel I~ In default heleunder or if Seller tennlnates the
Agreeme'lt as provided under the provisions of thereof, Purchaser ~,tla:l be entitled to the return of the Earnest Money as
Purchaser's sole and exclusive remedy at law or In equity.
23. Indemnification. Purchaser agrees to indemnify and fully protecl, defend and hold Seller. its officers. directors.
employees, shareholtlers, servicers, representallves, agents, attornt;ys, lenants, brokers, successors and assigns harmless
from anu against any and all daims, costs. liens, loss. damages, C1tlornuys' fees and expenses of every kind and nature that
may be sustained by or made against Seller, Its officers, directors, emptoyees, shareholdsrs, servlcers, reprssentativ8s.
agents, uttorneys, tenants, brokers, successors or assigns, resulting from or arising out of:
I. Inspections or repairs rnade by Purchaser or Its agents. employees. contractors, successors or assIgns:
Ii.Tne imposition of any fine or penalty imposed by any governmental entity resulting from Purchaser's failure to timely
obtain any permits, approvals, repairs or inspections, or to comply with all applicable laws, rules, ordlllances and regulations;
III. Claims for amounts due and owing by Seller for taxes, homeowner's association dues or assessment, or any other
terms WOI-'1ted at Closing under Section 13 of this Addendum; and
Iv. Purcl)<Jser's or Purchaser's lenants, agents or representatives use or occupancy of the Property prior to Closing and
lunding.
24. Risk of loss. Regardless of local custom or practice, Purcha~el assumes all risk of loss relaled to damage to the
Proper1y. In the event of fire, destruction or other casually loss 10 the Propel1y after Ssller's accsptance of the Agreement and
prior to Cioslllg and funtjlng, Seller may, at Its sole discretion, repair or restore the Property, or Seller may terminale the
Agreement. If Seller 1~lects to repair or restore the Property, then Selle: may, at Its sate discretion, limit the amount to be
expendeu. If Sell or uluels to repair or restore the Property, Pun::hassl'" sole and (,xclusive remedy shall be either to acquire
the Properly in its Ulen CLrrunt condllion at the Purchase Prico with no ",ducllon thoreof by reason or ~uctlloss, or terminate
the Agroull1ent and receive a refund of any Earnest Money.
25. Eminent Domain. In the eventthet Seller'S Interest in the Property, or any part thereof, shallllave been taken by
eminenl domain or shall be 1[1 the process of being taken on or before the Closing date, either party may terminate the
Agreement and the Earnest Money shall be returned to Purchaser and neither party shall have any further rights or liabilities
hereunder.
26. Survival. Delivery of the Deed to the Property 10 Purchaser by Seller shall be deslned to be lull performance and
discharge of all of Seller's obligations under the Agreement.
27. Soverablllty. The invalidity. Illegality or enforceability of any provision of ths Agreement shall not affect Ihe validity or
enforceability of any other provision of the Agreement, all of which shall rsmain 111 full force and effect.
26. Asslcmmenl of AQrcemenl. Purchaser sllall not assign the Agreement without the express wnllen consent of Seller.
Seller mal essign the Agreement at its sole discretion without prior notice 10 or consent or Purchaser
29. Entire AqreemlJnl, The Agreement, including the disclosure of information on lead-based paint or lead-based paint
hazard, or other disclosure forms or notices reqUirod by law, constitutes the entire agreement betw8sn Purchaser and Seller
concerning the subject maltor hereof and supersedes all previous communications. underslElndings, representations,
warranties. covenants and agreements, whether wrilten or oral and there are no oral, or other written agreements between
Purcha>i'" Jnd Seller. No oral promises. representations (express or implied) warranties or agreements made by seller or
broker or any person ucling 011 behalf of Seller shall be deemsd valid or binding upon Seller unless expressly Included in the
agresmenl. All negotlalions 3m merged Into the Agreement Seller shall not be obligatotl by any oUler wrHton or verbal
statemenls made by Seller. Seller's representatives or any rsal estate licensee.
30. Modification. No provision, term or clause of the Agreement shall be H;vl;;etl, lIIodlfled. amended or waived except
by all illstrument ill ~mting signed by Purchaser and Saller.
31. Counterparts. ThiS Addendum may be executed In any number of coullterparts, and each such GOunlerpart shall be
dserned lu be all onginal. lJut all of which, when taken together, stlall constitute on(; agreement rhls Addendum may be
dsliv"recl by facsimllr,
32. Gender. Unless the conlsxt otherwise requires, singular nouns dnd pronouns. when used r,ereln, shall be deemed to
Include tl\l; plural of Sue)l nouns or pronouns, and pronouns of one gender sh,lil be deemed to include the equivalent pronoun
of the u11;01 gt=nder.
,pOlf_Ctr_ 10
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
--LPS)
"'~
COUNTER OFFER/ADDENDUM Loan # 0040501090
10385 WeS'mJar Dr
Westmlnsler.CO 80021
CarpuTiJle
F"x
33. Forco Majeure. No party shall be responsible lor delays or failure of performance resulting from acts of God,
nots, actc of wm. eplllolTlics, power failures, acts of terrorism, earthquakes or other dlsastBrs, proViding sUl:h delay or failure
of perlurrnance could 1101 have been prevented by reasonable precautions and cannOI reasonably be circumvented by such
pany ltiruugh USH of <Jlternalo sources, workaround plans or olher means.
34. Notices. Any nollces required to be given under the Agreement shall be deemed 10 have been delivered when
actually received in tile case of lland or overnight delivery. or five (5) days after mailing by first class mail, postage paid, or by
fax With confirmation of transmission to the numbers below. All notices to Seller Will be deemed sent or delivered to Seller
when 58111 or delivered to Seller's listing broker or agent or Seller's attorney, at the address or fax number shown below. All
nolic~s tu Purchuser shull be deemed senior delivered when sent or delivered to Purcllaser or Purchaser's attorney or agent
at the .iddress or fax number shown below.
35, Attornev Review. Purchaser acknowledges that Purchaser has had the oppurtunity to consull with its legal
counsel rt;garding the Agreement. Accordingly, the terms of the Agreement are not tu be construed against any party
because that party drafted the Agreement or construed in favor of any Party because that Party failedtlJ understand the legal
effect of the prOVisions of the Agreement.
36, Additional Terms or Conditions. (Insert "NONE" if applicable)
PURCHASER'S OFFER
Signature:__~EE SU~STITUTE EXECUTION PAGE Oale:___________
Print Narr.e (or name if a comp<my):
Social Security # (or Tax 1.0. II if a company):
Title (It a company!__.
Signaluru.__ _
Date'
Print ~'dlTle (or ndlne If d cumpany)
Social SfJcurity II (or Tax 1.0 II If a company)
Tille (It a company).___...
Attorney ,nfom18lion (if applicable)
Addws;; :
Telepnom,___...._._ _.
Facsimile
SELLER'S ACCEPTANCE
By.__
Oate:___
Print Narn,!:
Title:
Date:
.-potr e:I 19
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address 2435 31st AVE NE, NAPLES, FL 34120
Folio Number 40232400001
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24,2009, Item 10F
AS TO PURCHASER:
DATED: /1~~/~ODq
. . '"
A TTEST~ ,,' ~(>{l
DWIGI:f( E. BROCK, Clerk
~" "~. '~....vo.c .
'. .. ty Clerk
l.r" -.
Attest" 'to C~.t""'" ,
. t ",-tare 0. I III
BOARD OF CQ\JNTY COMMISSIONERS
COLLIER Cl.lJ.i~r TY, FLORIDA ,./
/1 j.
/ !
BY: . r t+--;". >' )"Jl./ ,,~:>/I.
Donna F(ala, Chairman
Approved as to form and
legal sufficiency:
Jenn~~~
Assistant County Attorney
TI-/lS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
"LPS)
,.....~
COUNTER OFFERJADDENDUM Loan # 0040501090
10385 Weotmoor Dr
WeslmiMler.CO 80021
Corpornl~
Fa.
RE KEY DISCLOSURE/RELEASE
This disclosureirelease IS executed by and betweon the Seller Aurora Loan Services and the Buyer(s), Collier County a
political subdivislorl of the slat, the parties Involved regarding the sale of the property located at:
ADDRESS: 2435 N E 31 AVE ST, NAPLES, FL 34120
The Buyer acknowledges thalLhe above mentioned property has previously been keyed Lo a Master Lock System to enable
access by the Seller's supphers and employees. Therefore, all locks must be charlged Immediately upon closing to ensure the
Buyer's security of pursonal and real property.
The Buyer(s) agrees to indemnify Aurora Loan Sorvlces regarding any Iheft or damage of personal nndior real property.
Buyer(s) Signature(s)
SEE SUBSTITUTE EXECUTION PAGE
Name
Dale
Name
Date
Name
Date
rpOfr_Cfl_19
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address 2435 31s1 AVE NE, NAPLES, FL 34120
Folio Number 40232400001
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED /1 /~/;;-r)~1
,. ) 1 c'/
A TTE.S'( . ''',
DW1C'H1 E. BROC~t Clerk
~,:.."".,..,-:..:...
.;'. . . . :' ',':'~ ..or
. ,t~" "',~
'f~.,~,t
Approved as to form and
legal sufficiency:
~?J10~
Jennl er B. White
Assistant County Attorney
BOARD OF C NTY COMMISSIONERS
COLLIER cg TY, FLORID').!
BY: .<. ~1~4il..J <<.//.:,,;.
Donna Fiala, Chairman
COUNTER OFFER/ADDENDUM Loan # 0040501090
'LPS)
..~
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
10385 Wl;1slmoor Dr
Westll~inSler,CO 80021
Corpor,)h~
Fax
10385 Wostmoor Dr., Suite 100
Westminster, CO 80021
Toll Free: 1-800-430-3320
ATTENTION - ATTENTION
PLEASE PROVIDE THE BUYER(S) A COPY OF THE "PROTECT YOUR FAMilY FROM LEAD INYOUR HOME, "
AND HAVE THEM SIGN THE DISCLOSURE OF INFORMATION ON LEAD-BASEDPAINT AND LEAD.BASED PAINT
HAZARDS.
IF THE PROPERTY WAS BUILT AFTER 1978, THEN AS LISTING AGENT PLEASE
SIGN THIS FORM AND INCLUDE IT WITH THE CONTRACT,
A CONTRACT WilL NOT BE EXECUTED WITHOUT EITHER THIS WAIVER OR THE BUYER DISCLOSURE FORM
INCLUDED WITH THE CONTRACT PACKAGE.
IT IS OUR INTENT TO COMPLY WITH ALL FEDERAL AND LOCAL LAWS PERTAINING TO LEADBASED PAl NT
DISCLOSURE. YOUR ASSISTANCE WITH THIS PROGRAM IS GREATLY APPRECIATED,
lead-Based Paint Hazards: TItle X, Section 1018, the Resldenlial Lead-Based paint Hazard Reduction Act of 1992 (the
Act ), requires lhe disclosure of certain informallon regarding lead-based paint and leadbased paint hazards In
connecllon with the sale of residential real property. Unless olhelWlse exempt, the Act applies only to housiny
constructed prior 101978. A seller of pre-1978 housing Is required to disclose to the Buyer(s). based upon the Seiler's
actual knowiedge. ail 'mown lead-based paint hazards in the Property and provide the Buyer(s) with any ilvallable reports
in the Seller's pOSSclSSlon relating to lead-based paint or lead-based paint hazards applicable to the Property. The Seller,
however is not required 10 ~ordu~t or pay for any leed-based paint risk assessment or inspection. At the time that the
offer to purchase 15 entered 11110 by Ihe Buyer(s), the Seller is required 10 proVide Ihe Buyer(s) With tile EPA pamphlet
entitled "Protect YOUI hlmily From Lead In Your Home" and a " Disclosure of
Information on Laac-8i1'ied i'alflt and Lead-Based Pillnl Hazards" Form
The Seller is reqUiruJ unoel tile /\el 10 provide the Buyer(s) with a ten (10) day time period (or other mutllally agreeable
time period) for the Buyer(s) 10 expense, to conduct a risk assessment or inspection for the presence 01 lead based paint
hazards unless the [luyur[s) waiv"s such assessment or inspection by indicating such waiver on the Lead-Based Paint
Disclosure form. Seller and any ayent involved In the transaclion are required to retain a copy of the completed
Lead-Based Paint Disclosure farm for a period of three (3) years lollowing the date of selllernent. The Act is effective
September 6. 1996, for Setlel who owns more than four (4) dwelling units, whether Single-family or multifamily, and
December 6,1996, for a Seller who owns four (4) or fewer dweiling units.
A SELLER WHO FAilS TO GIVE THE REQUIRED LEAD-BASED PAINT DISCLOSURE FORM AND EPA
PAMPHLET MAY BE LIABLE UNDER THE ACT FOR THREE TIMES THE AMOUNT OF DAMAGES AND MAY BE
SUBJECT TO BOTH CIVIL AND CRIMINAL PENALTIES,
Property was built after 1978 and Is exempt from the above Residential Lead-Based Paint Hazard Reduction Act
of 1992.
ACknowledged by
Agent Name Date
Disclosure of Information on Lead Based Paint and Lead Based Paint Hazards
Lead Warning Stilt~lTwnl evmy purcllaser of dny interest In residential real property on Wllich a residential dwelling was
built pnor to 1978 is llolifJsd thai such property may present exposure 10 lead from lead.basFr1 palnllhilllllay place
young children allll;l\ of dev"iu[JIIIL/lead poisoning. Lead ~oisoning In young children may produce perrnllnelll
neuroloyical damJge h:ludll1g iumnlng disabililles. reduced intelligence quotient, behavior<J1 flroblems, ulld Impaired
memory. Lead po/soiling also poses a particular risk 10 pregnant women. The seller of any interest in residential real
property is required 10., plV'Idll Ihe buyer with any informallon on lead-based paint 11ilzards from riSK
assessr'lsnts or IIlSIJecliOIl'; In ill" saller's possessIOn and nolify the buyer of any Imown lead-oased pillnl hazards. A risk
assessment or "lsp",'II(1[1 fur poss/bie lead-based paint h<lzards is recommended pnm to purchastl
fpOfr_Ctr_t9
COUNTER OFFER/ADDENDUM Loan # 0040501090
"L;S)
.~
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
10385 Wustmuor Dr
Weslmtnslftl.CO 60021
Corpori..llll
Fox
Seller's Disclosure (initial)
_(A) Presence of lead-based paint and/or lead-based paint hazards (check one below)
Known lead-based paint and/or lead-based paint hazards are present in the houGing (exploin)
_Seller is corpor<Jte entity and has no knowledge of lead.based paint andlor leild-based paint hazards in the housing.
_(B) Records ilnd reports avmlable to the seller (check one below):
_Seller has provided tht! purchaser with all available records and reports pertaining to leadbased pOint andlor lead
-based paint hazords in the housing ( list documents below).
_Seller has no reports or records pertaining to lead-based paint andlor lead-based paint rmzards In the 11Ousing.
Purchaser's Acknowledgment (Initial)
_(e) Purchaser has received copies of alllnformalion listed above
_(D) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home
_E) Purchaser has (check one below):
_Received a 10-dilY opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection lor the
presence of lead-based paint and/or lead-based paint hazards; or
X _Waived the opportunity to conduct a risk assessment or inspection for the presence 01 leadbased paint ilnd/or lead
based paint hazards
Agent's Acknowledgment (Inlllal)
(F) Agent has inlormed the seller of the seller's obligations under the 42 U.SC 4852(d) and is aware of his/ her
responsibility to ensure curnpliunce.
Certification of Accuracy
The fOilowing parties have roviewed the information above and certify, to the best of their knowledge, that Ihe Informallon
provided by tht! ,ignatory Is truB and accurate,
Lender Processing Stlrvices)_
Soller Date
Seiler
Dale
Agent
Date
Agent
Date
SEE SUBSTITUTE EXECUTION PAGE
Purchaser
Date
Purchaser
Dale
rpOtr..CtI'_,g
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2435 31st AVE NE, NAPLES, FL 34120
Folio Number: 40232400001
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DA TED'__ / I!?! JtJ01
A TTEST:,\J' c ii~f)()",
DWIGHl:..,E. BROCK,'~lerk
"" f't ' .. <' ..... ",':::,
tJ\ ." ~..' ...~.......-.,
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. fir . ... .. ... .. !-Ol.
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..... " u" . r
AtteSt. as to Ni.l .:
f v' . ....,......... ·
I ~.,_..., . .c.....'
-1 ...~.. . ;.,.....' ,
Approved as to form and
legal sufficiency:
~ ~:::V~
Jenn r B. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER C? TY, FLORIDA;
BY: 1... (,,'t~'~1"1..,t~/ <~~/I ,.,
Donna F ala, Chairman