Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 10/26/2021 Item #16D 3 (Release of Lien Botanical Place - Cuenca)
16.D.3 10/26/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize the chairperson to sign one (1) release of lien for an Affordable Housing Density Bonus agreement for a unit that is no longer subject to the terms of the agreement. OBJECTIVE: To support the affordability of housing through the Affordable Housing Density Bonus (AHDB) Program. CONSIDERATIONS: Pursuant to Section 2.06 et seq. of the Collier County Land Development Code (LDC), the identified homeowner executed an AHDB Agreement lien encumbering their property in the Botanical Place community. The AHDB Program seeks to provide an incentive to construct affordable housing units in Collier County. If the borrower sells the property for less than the original sales price; there is no repayment obligation to Collier County. If the borrower sold the property "in excess of five percent (5%) per year of the original purchase price" and if there is an increase in appreciation of more than five percent (5%) per year, the borrower would pay the County one-half of the excess of five percent (5%). The following provision applies to the subject properties if sold or assigned within fifteen (15) years after the original purchase date: "at a sales price in excess of five percent (S%) per year of the original purchase price of $126,970, I, my heirs, legal representatives, successors or assigns shall pay to Collier County an amount equal to one- half of the sales price in excess of the five percent (5%) increase per year " (emphasis added). In this case, while the sales price exceeded the purchase price, the sales price did not exceed the five percent (5%) per year increase. Therefore, there is no repayment obligation to Collier County. The table details the release of lien associated with this Item. Name Lien OR Purchase Closing Date Sales Price Total Recorded Book/Page Date/Purchase Amount Date Price Due Douglas 01/12/2001 14104/0111 109/07/2006/ 109/07/2021 $220,000.00 I $0.00 A. Cuenca $126,970.00 FISCAL IMPACT: There is no repayment obligation to the County. No additional Fiscal impact associated with the release of lien. LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote for Board of County Commissioners (Board) approval. -JAB GROWTH MANAGEMENT IMPACT: The Affordable Housing Density Bonus program assists the County in meeting some of its goals and objectives in the Housing Element of the Growth Management Plan. RECOMMENDATION: To approve and authorize the chairman to sign one (1) release of lien for an Affordable Housing Density Bonus agreement for a unit that is no longer subject to the terms of the agreement. Packet Pg. 1145 10/26/2021 16.D.3 Prepared By: Lisa N. Carr Senior Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1. ROL-AHDB (PDF) 2. Backup Docs- Cuenca (PDF) Packet Pg. 1146 16.D.3 10/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.3 Doe ID: 20086 Item Summary: Recommendation to approve and authorize the chairperson to sign one (1) release of lien for an Affordable Housing Density Bonus agreement for a unit that is no longer subject to the terms of the agreement. Meeting Date: 10/26/2021 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 09/14/2021 12:43 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/14/2021 12:43 PM Approved By: Review: Community & Human Services Maggie Lopez Additional Reviewer Community & Human Services Blanca Aquino Luque Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Operations & Veteran Services Todd Henry Additional Reviewer Operations & Veteran Services Jeff Newman Additional Reviewer Community & Human Services Jacob LaRow Additional Reviewer Public Services Department Todd Henry Public Services Department Grants Erica Robinson Level 2 Grants Review Public Services Department Dan Rodriguez PSD Department Head County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Growth Management Operations Support Christopher Johnson Grants Therese Stanley Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 09/14/2021 2:27 PM Completed 09/16/2021 4:06 PM Completed 09/17/2021 4:42 PM Skipped 09/21/2021 1:06 PM Completed 09/21/2021 1:18 PM Completed 09/21/2021 1:41 PM Completed 09/24/2021 11:25 AM Completed 09/27/2021 11:27 AM Completed 09/28/2021 9:19 AM Completed 09/28/2021 3:33 PM Completed 09/28/2021 3:42 PM Completed 10/01/2021 10:31 AM Additional Reviewer Completed Completed 10/12/2021 10:15 AM Completed 10/18/2021 11:14 AM 10/26/2021 9:00 AM Packet Pg. 1147 16.D.3.a Prepared by: Maria Aldatta Collier County Community and Human Services 3339 E. Tamiami Trail, Building H, li2l l Naples, FL 34112 'PHIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien Agreement for Affordable Housing Density Bonus (the "AHDB Lien") executed by Douglas A. Cuenca to Collier County, recorded on 09/12/2006 in Official Records Book 4104, Page 0516, of the Public Records of Collier County, Florida, in consideration of $0.00, receipt of which is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and discharge the Affordable Housing Density Bonus Agreement against the premises conveyed by said AHDB Lien and more particularly described as follows: 4440 BOTANICAL PLACE, UNIT 104, NAPLES, FLORIDA, 34112, MORE PARTICULARLY DESCRIBED AS UNIT 7104, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 2592, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, The undersigned is authorized to and does hereby satisfy and release this Lien with respect to the above -named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Coininissioners on , Agenda Item Number 16.D. ATTEST: CRYSTAL K. KINZEL, CLERK M. , DEPUTY CLERK Approval for form and legality: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Jennifer A. Belpedio Assistant County Attorney PENNY TAYLOR, CHAIRPERSON Packet Pg. 1148 1ti.D.3.b sc 2'! 080570 CIP, �111-211r. County Public Services Depadment Community & Human Services Division August 25, 2021 Claudia Chavez Action Title Services, LLC 3733 Tainiami Trail N Naples, Florida 34103 Re: Payoff Letter: Douglas A. Cuenca 4440 Botanical Place Circle, Unit 104 Maples, FT, 34112 0 x Q J Payoff#1- Tn accordance with Section 2,06.00 of the Collier County LDC, the Affordable Nousing Density Bonus (AIIDB} Agrrcoment rcquires repayment of the AIIDB if, within ftftccn years, after tits original co 00 purchase date, the property is sold at a sales price in excess of five percent per year above the original c purchase price, the :yeller shall pay Collier County an amount equal to one half of the sales ]trice in excess of the five percent increase per year. Purchase Date Original Purchase Price Proposed Sale Date Resale Price September 7, 2006 5126,970.16 Septeinber 7, 2021 $220,000.00 Mortgage/Lien Type Date Recorded. OR Book/Pal;e To tat Amount Due Affordable Housing Density 09112/2006 4104/0516 $0.00 Bonus Lion A reernont Pay©#'#' 42 - No payment will be rcgoired until the, property is sold, transferred, refinanced, no longer Homesteaded, or is no longer the primary residence of the hornebuyer, At that time the balance of the lien amount is due and payable. Mortgage/Lien Type Date Recorded OR Bnok/Pa a Amount Due Countywide hnpaot 08/18/2006 4091/1628 $ 6,970.16— Original Lien Fee Deferral Lion Agrcamcnt ' 1,742.54 - Interest File 4106-008-1 $ 8,712.70 -TOTAL DUE Payoff ##3 - No payment will be required until the property is sold, transferred, refinanced, no longer Hom emadcd, or is no longer the primary residence of the ltontebuyer. Atthat tines the balance ofthe. loan is clue and payable. Mortgage/Lien `t"ype Date Recorded OR Boolt/Page Amount Due Collier County SHIP Second 09/12/2006 4104/0536 $18,000.00 Mortgage File #05-089 C041munity 8 Numan Qrvicaa Olvlc10n 3339 irbntiari�i Tr.AiE 7sk, Suite 21 ! • Naples, Fladda 94112-5361 239.252-CARE (2273) 230-2521XAF8 (2233) - M-252-4230.(RSVP) •.+ r.cvkfiae�ost.srotlhuntan�orsticas Packet Pg. 1149 Payment should be made to "Collier County Board of County Commissioners", and delivered to: Community & Human Services Division Attn: Lisa N. Carr 3339 R. Tamianii Trail, Suite 211 Naples, FL 34112 Please include a separate check in the amount of 1$ 2 for each payoff amount made payable to: Collier County Board of County Commissioners for the cost of recording. Sincerely, Lisa N. Carr Senior Grants Coordinator Packet Pg. 1150 PAYOFF ESTIMATOR (Version 1.104/26119) Date Format bra{zitfJ T' YellowCQIys AHDB Lien Recorded a�9J12(� Estimates! Sales Dat ,b�/Oif27 Elapsed Days Elapsed Yeas $1Z687O Original Sale Price IN 5% of Original Sales Price peryear,ames 15D yea rsg921flAllowed Appreciation ztr. + a$�Original Sales Price . f<;i8OMax Allowable Sales Price 22D,i?O(5 New Sales Price `g �— Difference in Max Allowable Sales Price and Sales Price IBO�Excess Appreciation Above 5% per year 3 0901 50%of Excess Appreciation due to County (if negative, no payoff due to County) Due to Q PacketPg.1151 Action Title Services Seller: Douglas A. Cuenca Buyer Millard C, Brooks, Jr,; Dominic M. Brooks Property I.D. Number: 24680902960 Property Address: 4440 Botanical Place Cir., f,t 104, Naples, FL 34112 ACTION TITLE FILL NO 21080570 Escrow Officer A[lis Pelham (1206-1) Satisfaction of Mortgage - s30.00 r l First Fltirlda intogr#ty Bank Naples, FL 34103 Payable to: Collier County Board of County Commmissioners 138248 nate 9/ 2021 I Packet Pg. 1152 3900616 OR; 4104 PG; 16.D.3.b }� RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/12/2006 at 02:41PK DNIGHT B. BROCK, CLERK RBC FEE 10.1 Prepared by and to be returned to: Retn: CHBFFY PASSIDOKO IT AL Lauren Beard 821 iTH AVE S 1201 Collier County Operational Support & Housing NAPLBS FL 39102 2800 N. Horseshoe Drive, #400 Naples, FL. 34104 LIEN As required by Section 2.06.04.(A)(9) of the Collier County Land Development Code ("LDC"), I, Douglas A. Cuenca, as Grantee, do hereby acknowledge that 4440 Botanical Place, Unit 104, Naples, Florida, 34112, more particularly described as Unit 7104, Botanical Place, a condominium, according to the Declaration of Condominium recorded in Official Records Book 3933, Page 2592, of the Public Records of Collier County, Florida(the "Property") and n e y PJM Limited Partnership, LLLP, a Florida limited liability limited partnership as Grantor on ' , 2006 ("Original Purchase Date"), is subject to an Affordable Housing Density Bonus Development Agreement between Collier County, Florida, and PJM Limited Partnership, LLLP, a Florida limited liability limited partnership, ("Agreement"). This Agreement was entered into pursuant to Section 2.06.00 et seq. of the LDC as an incentive to construdt affordable housing units on the Property. We further' acknowledge the terms and conditions of this Agreement and through this lien instrument agree to tl a fol wing: 71 1. In the event the me, my heirs, legal representatives, successors or assigns sell the property (including the land and/ the unit) within 15 years after the Original Purchase Date, at a sales price in excess of five percent per year of the original purchase price of $126,970.16, me, my heirs, legal representatives, successors oP ass s shall pay to Collier County an amount equal to one-half of the sales price in excess of the five perce increase per year. 2. It is a violation of Section f.0,6.0b of the LDC to rent, sell or occupy, or attempt to rent, sell or occupy an affordable housing rental"obit under the Affordable Housing Density Bonus Program except as specifically permitted by the terms of`Seetion 2.06.00, or to knowingly give false or misleading information with respect to any information` required or requested by the County Manager or his designee or by other persons pursuant to the authoritv"lltcli is delegated to them by Section 2.06.00. 3. Violation of any provision of Section,AZ`'66 00 of the LDC is punishable through criminal enforcement as set forth in Section 2.06.06(C) ands enforcement as set forth in Section 2.06.06(D) of the LDC. ITN;SS S WHEREOF, the said Grantees h*ve signed and sealed these presents this day of Ytit CL' 2006 v ,> `\ WITNESSES: By: Pr' Name: L . Al* ds e glai A:: Vue Pri t ame: ? fS C STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before e this Ada of �- 2006, Douglas A. Cuenca who U is personally known to me or [rod proof of identity. (affix notarial seal) (Signature Notary Public) KRISTINA LYNN UNKRICH (Print Name of Notary Public) Notary Public - State of F"a My CommissionExpiresMar18,2009 Serial /Commission #: Commbsion#DD390210 My Commission Expires: _ Sortded By National Notary Assn. ca 0 x Q J 0 00 cc 0 0 t" to c m 3 U N V 0 0 a Y V R In C m E to to Q Packet Pg. 1153 Property Appraiser's Parcel Identification No. 61840680001 This instrument was prepared without opinion of title by John M. Passidomo Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South Naples, Florida 34102 (239) 261- 9300 16.D.3.b 3900615 OR: 4104 PG: 0514 RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/12/2006 at 02:41PN DWIGHT E. BROCK, CLERK CONS 126970.0 REC FBE 18.5 DOC-.70 889.0 Retn: CHEFFY PASSIDONO HT AL 821 5TH AVE S 1201 NAPLES FL 34102 THIS WARRANT ° DEED, made the - _ day of ust, T066, by PJM Limited Partnership, LLLP, a Florida limited liability united partnership, whose post office address is 699 Fifth Avenue South, Naples, FL 34102 (singularly or colleetivel ` "Grantor"), to Douglas A. Cuenca, a single person, whose post office address is 4440 Botanical Place Carle -tit 104, Naples, FL 34112 (singularly or collectively "Grantee"): (Wherever used herein; the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives, suessors and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor fpf4 valuable considerations, receipt of which.is hei releases, conveys and confirms unto the Gxnte "Property"): Unit 7104, Botanical Place, a condomip Official Records Book 3933, Page 2592, the exclusive use of Carport No. CP-42 TOGETHER with all the tenements, in consideration of the sum of Ten Dollars ($10.00) and other acknowledged, hereby grants, bargains, sells, aliens, remises, 11 that certain land situated in Collier County Florida, viz (the g to the Declaration of Condominium recorded in Records of Collier County, Florida., together with thereto belonging or in anywise TOGETHER with appertaining fixtures, including-btlrlt i. appliances, refrigerator, stove, dishwasher, washer, dryer, ceiling fans, wall-to-wall carpeting and windpvv"�coerings located at the property heretofore mentioned above. el TO HAVE AND TO HOLD, the same in fee simple forever, SUBJECT TO LIEN in favor of Collier County, contained in Agpecin t for Deferral of 100% of Collier County Impact Fees For Owner Occupied Affordable Housing Units recorde,in.,Official Records Book 3952, Page 0470 and Official Records Bookqa , Page 6a£ , both of the Public Records of Collier County, Florida which Grantee assumes and agrees to pay; and other terms and conditions coutai �d...in Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Re ,P�operty; and FUTHER SUBJECT TO LIEN in favor of Collier County as set forth in Section 2.06.04 of the Collier County Land Development Code, which provides that if Grantee, or Grantee's hir"gal representatives, successors or assigns, sells the Property within 15 years from the date of this Warranty Deed at a sales price which is in excess of five percent (5%) per year of Grantee's original purchase price, then Grantee shall pay to Collier County an amount equal to one-half (1/2) of the sales price in excess of the five percent (5%) increase per year. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the current and subsequent years, zoning and use restrictions imposed by governmental authority, restrictions and easements common to the subdivision, and outstanding oil, gas and mineral interests of record, if any. Packet Pg. 1154 OR: 4104 PG: 0515 Warranty Deed Page 2 of 2 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, Sealed and l relive as to Each Grantor in the frbspAge., of - Witness Name: PJM Limited Partnership, LLLP, a Florida limited liability limited partnership ti By: McCabe's, Inc., 1 rida oration, as General Partner f V By: Philip J. c abe, President (Corporate Seal) State of Florida County of Collier ,4. The foregoing instrument was acknowledged before me this McCabe, President of McCabe's, Inc., a Florida corporation, as LLLP, a Florida limited liability limited partnership on behalf o. personally known to me or [j has produced [Notary Seal] ChrW*w L Cuomo % My C mnVeWw DD326579 awf� Expirm June 14, 2008 2006 by Philip J. of PJM Limited Partnership, and the partnership. He is Notary Public Printed Name: My Commission Expires: Packet Pg. 1155 16.D.3.b From: Claudia Chavez To: CarrLisa Cc: d-sells(a)hotmail.com; aoolloyon dcrabyahoo.com; cynthia house; Allie Pelham; Kristy Milbourn Subject: RE: 4440 Botanical Place Circle #104-- closing 9/7/2021 Date: Friday, August 20, 2021 12:18:58 PM Attachments: Cuenca second mta..odf Cuenca Lien.odf Cuenca Lien Aareement.odf Cuenca Signed Authorization Form.pdf Importance: High EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Lisa: Hope all is well. We are working with Douglas Cuenca in obtaining a second mortgage payoff or a release if need be. He is selling his property at: 4440 Botanical Place Cir # 104, Naples FL 34112 on 9/7/2021. Let me know what I need to send you to obtain the following items: 1. Cancellation and Release of Record of Mortgage executed by Douglas A. Cuenca, a single person, in favor of Collier County, dated August, 2006, recorded September 12, 2006, in Official Record Book 4104, Page 536, of the Public Records of Collier County, Florida, to secure the principal sum of $18,000.00. 2. Cancellation and Release of Record of Lien executed by Douglas A. Cuenca in favor of Collier County, dated September 7, 2006, recorded September 12, 2006, in Official Record Book 4104, Page 516, of the Public Records of Collier County, Florida. 3. Cancellation and Release of Record of Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units executed by Douglas A. Cuenca in favor of Collier County, dated July 24, 2006, recorded August 18, 2006, in Official Record Book 4091, Page 1628, of the Public Records of Collier County, Florida, to secure the principal sum of $6,970.16. Obtain and Thank you and talk to you soon. O Claudia Chavez - Processor Action Title Services LLC 3733 Tamiami Trail N., Naples FL 34103 P:239-213-6714 * F:239-213-6465 Email: cchavez(@actiontitlenaples.com CLOSER: Allie Pelham P:239-213-6721 * F:239-213-6461 Packet Pg. 1156 16.D.3.b E: aoelham Pactiontitlenaples.com ****Please Note: ***** Because of COVID-19 and thicent spike in cases{, we are only allowing people that need to sign documents in the office. Our office is open, however the front doors are locked. Please do not stop in without making an appointment. For your safety & protection we appreciate everyone wearing a mask. By all means, If you are not feeling well and have a signing appointment scheduled with us, please let us know prior to the appointment so that we can coordinate alternate methods for you to sign. Please stay healthy! Packet Pg. 1157 16.D.3.b 1 2 3 4 5 6 7 8 9 t tl 11 12 13 14 15 16 17 18 19 20 a SALES CONTRACT -AS IS f� HABOR (RESIDENTIAL IMPROVED PROPERTY) WPnmlSo�d�,u]K ORRD)1FU M33 SELLER: Douglas A. Cuenca BUYER: Millard C. Brooks, Jr SELLER: BUYER: omrnec M. Brooks ADDRESS: 25044 Owl Creek fir ADDRESS: 9526 Serrarno Circle e, VA 20105 Naples FI 34105 UPON ACCEPTANCE OF THE OFFER OR COUNTEROFFER. SELLER has agreed to sell and BUYER has agreed to buy, UPON THE FOLLOWING TERMS AND CONDITIONS, the real property hereafter legally described, including the lawn, trees, shrubbery and landscapirrrr (collectively the `I n sca it ") and all non -teased fixtures (the "Real ProoerN"), together with the following items existing on the Deal Property on the Effective state; built-in appliances and beverage coolers)!dispenser(s); attached lighting, ceiling fan(s); built-in shelving/closet fittings wall io-wall carpeting; integrated home automation, audio-visual, home entertainment and/or home sound systems including all operations components and software; hurricanelstorm shutters and panels and all components; central vacuum system including hoses; intercom system water softener/purification system; bunt -in home generator; security/surveillance system including cameras; drapery rods; television bracket: (excluding televisions); decorative shutters; and pool equipment; and (the Real Property and the above items are collectively referred to as the "Pro a % and together with the following personal property existinf on the Real Property on the Effective Date: refrigerator(s); range(s); dishwasher(s); microwave(s); washer(s); dryer(s); draperies, curtains blinds, shades and other window treatments; garage door opener(s)t remote(s); keys, fobs and other access devices (including to corrtmuniti property); pool or solar cover; child pool safety fence, and automated pool cleaning equipment, and and the additional personal property, if any listed on the attached inventory or list (the "Personal PLoM"). The following items are excluded: The Personal Property shall be free from liens and is deemed without value, left for the convenience of the parties, and transferred writhou consideration, unless otherwise agreed to by the parties. 21 The address of the Property is: 4440 Botanical Place CIR #904, Naples, FL 34112 22 LEGAL DESCRIPTION OF THE PROPERTY: 23 BOTANICAL PLACE CONDOMINIUM UNIT 7104 Collier County, Florida. 24 IF THE PROPERTY 1S A COOPERATIVE PARCEL, THE °ADDENDUM TO SALES CONTRACT COOPERATIVE' IS INCORPORATE[ 25 HEREIN AND MADE AN INTEGRAL PART OF THIS CONTRACT. 26 If applicable, SELLER shall convey SELLER's exclusive right to use the following: Parking Space(s) # CP-42 27 Garage(s) # . Cabana(s) # . Storage Lockers) ## . Boat Dock(s) or Slip(s) # and othe 28 common elements and common areas to which SELLER has an exclusive right of use and the right to convey. 29 1. PURCHASE PRICE: The purchase price (U.S. currency), which is allocated to the Property s9 only unless otherwise stated, shall be payable as follows: ................. ____ .... .... ............... $ 220,000.00 31 A. Initial Deposit to be held in escrow ... ...... .$ 5,000.00 32 [SELECT ONE. IF NO SELECTION IS MADE, ACCOMPANIES OFFER SHALL APPLY.] 33 ❑ accompanies offer is clue on the Effective Date[] is due not later than days after the Effective Elate. 34 Additional Deposit to be received in escrow not later than 90 days after the 35 Effective Date ... ....................... ................. >........... ................ -- ............................. $ 5,000.00 36 13. Proceeds of mortgage, if any (See Paragraph 4.B.I.............,................>,....,.....................$ 37 C, Proceeds of SELLER mortgage, it any (see Paragraph 4.C.I............................................ $ 38 A. father: � 39 E> Balance of the purchase prim;, payable from BUYER to the closing agent 40 at closing, subject to adjustments and prorations, of approximately .................................$ 210=000.00 41 Closing funds and all deposit funds tendered to the closing agent within 15 days prior to closing shall be paid by wire transfer. A 42 International funds shall be paid by wire transfer. All deposits are subject to collection. 21 Naples Area Board of REALTORS' and Association of Heal Estate Pmfesslonals, Inc. All Rights Reserved. (NABOB 1i1M21) ApRmed by tite Mam Island Area Association of REALTORS,, Inc. anti the Collier Cc ur€ty Bar Assoraation. Page t of 10 m 0 a J O to 00 0 0 c a� U , to V 0 0 a m c as E U cr: a sesmw; 078418-600€03.05M70 Prepared#y!Jams Wyatt t RantoReatty I Jama@ROWReatty.com 12388ao1881 Packet Pg. 1158 16.D.3.b 43 2. PERIOD OF OFFER AND COUNTEROFFER; EFFECTIVE DATE: This offer is revolted if not accepted and the signed offer delivered to 44 offeror, by 12,01 [1 AM GPM on August 11, 2021 {Insert Date). Any counteroffer is revoked If not accepted 45 and the signed counteroffer delivered to counterofferor not later than days 12 days if left blank] after delivery of the counteroffer. 46 The Effective Date of this Contract shall be the last date either SELLER or BUYER signs or initials this Contract. ALL CHANGES TO THE OFFER 47 QR COUNTEROFFER MUST BE INITIALED AND DATED. THE LATEST HATE SET FORTH ON THIS CONTRACT BY EITHER PARTY'$ 48 SIGNATURE OR INITIALS SHALL BE THE EFFECTIVE DATE. 49 3, CLOSING DATE; TIME OF THE ESSENCE; CLOSING LOCATION; CLOSING AGENT; POSSESSION. Closing shall occur on 50 September 7, 2021 (lnsert Date) (the 'Closing Date"). Time Is of the essence as to the Closing Date. Closing shall occur 51 in the county where the Property is located, at an office designated by the closing agent, who shall be selected by BUYER. BUYER shall be the 52 legal owner of the Property as of the closing, and SELLER shall vacate and give possession of the Property at the closing. SELLER shall leave 53 the dwelling(s) on the Property in broom -clean condition and the entire Property tree of debris. 54 4. METHOD OF PAYMENT [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]: 0 A. CASHIFINANCI IG WITHOUT 55 CONTINGENCY. BUYER will pay cash, but may obtain a loan for the purchase of the Property; however, there is no Financing contingency. H BUYER 56 elects to finance BUYER's purchase of the Property through a creditortlender, BUYER shall be required to timely perform all BUYER's 57 obligations under the Contract and to close on the Closing Date, notwithstanding any terms and conditions imposed by BUYER's 58 creditor/tender and/or any applicable disclosure, delivery and compliance requirements of the Consumer Financial Protection Bureau 59 Integrated Mortgage Disclosure Rule ("CFPS Rule");o B. FINANCING CONTINGENCY., Sum ct to the provisions of this paragraph, BUYER's 60 obligation to purchase the Property is contingent upon BUYER obtaining a loan, unless waived by BUYER as set forth below, in the amount shown m 61 in I.B. above, to be secured by a mortgage on the Property at [IF NO SELECTIONS ARE MADE, (1) SHALL APPLY]: ❑ (1) Conventional = 62 ❑(2) VAn (3) rHAE1 (4) Other [If VA CAR FHA, The "Addendum to Mes Contract VAiFHA J 63 Financing„ should to attached hereto and made a part hereof], at ❑ (1) an initial or❑ (2) fixed rate of interest not exceeding % o 64 per year, for an amortized term of years 130 years if left blank]. BUYER shall make loan application as defined in the CFPB Rule ('Loan, � 65 Applicatio ') not later than days after the Effective Date [5 days if left blank], and shall make a continuing good faith and diiiigent effort 10 66 to obtain said loan and comply with all applicable requirements of the creditor/lender and CFPB Rule relating to the loan process. If BUYER fails o 67 to waive this financing contingency on or before f insert Date} [45 days after the Effective mate if leis 66 blank], either SELLER or BUYER may terminate this Contract at any time. BUYER's termination under this contingency must be accompaniec c 69 by either (i) an Equal Credit Opportunity Act statement of adverse credit action issued by a creditor ender confirming that mortgage financing or 70 the terms set forth in this Contract was denied on grounds that either the Property was unacceptable to the creditodlender or the BUYER c) 71 financially failed to qualify for said financing terms, or (ii) other evidence from the creditorliender that BUYER has made Loan Application ant 72 made diligent and good faith efforts to meet all applicable requirements of the creditorllender and the CFPB Rule, but has received neither [oar o 73 approval nor loan denial from the creditorilender, SELLER's right to terminate shall cease to exist 9 BUYER. waives this financing contingency 3 74 prior to SELLER giving BUYER notice of termination. IF BUYER WAIVES THIS CONTINGENCY AND IS UNABLE TO CLOSE ON THE � 75 CLOSING DATE DUE TO A DELAY CAUSED SOLELY BY THE CREDITOR/LENDER ANDIOR NECESSITATED BY THE CFPB RULE. m 76 BUYER MAY EXTEND THE CLOSING DATE UP TO 10 DAYS FOR CFPB RULE COMPLIANCE AND TO ACCOMMODATE RECEIPT ANC 77 EXECUTION OF THE LOAN PACKAGE AND LOAN FUNDING. Delivery of documentation evidencing loam commitment or loan approval � 78 shall not constitute a waiver of the financing contingency. BUYER acknowledges that once BUYER waives this financing contingency, 79 BUYER's deposit monies are no longer refundable under this Paragraph 4. ❑C. SELLER FINANCING, The Addendum to Sales Contrac' 80 Seller Financing" is attached hereto and made a part hereof. a 81 S. CDDIMSTU SPECIAL TAX DISTRICTS: The Property ❑ is n is not located within a Community Development district ('QD ') or Municipa 82 Service or Benefit Taxing Unit (uMSTU"). BUYER will at closing assume any outstanding capital assessment balance. If the Properly is 83 located within a CDD or MSTU, and If there is any outstanding capital balance, BUYER should not execute this Contract until BUYEF 84 has received and signed the "CDDIMSTU Assessments Disclosure" or similar written disclosure from SELLER setting forth thr 85 approximate outstanding capital assessment balance, which BUYER will assume at closing . 86 6. CONDOMINIUMIHOMEOWNERS' ASSOCIATION AND GOVERNMENTALLY IMPOSED LIENS AND SPECIAL ASSESSMENT'S 87 SELLER shall pay the full amount: of condominiurnthomeowners' association special assessments and governmentally imposed liens or specia 88 assessments (other than Cf)DJMSTU assessments which are addressed in Paragraph 5), which, on or before the Effective Date, are a lien or < 89 special assessment that is certain as to (a) the identity of the lienor or assessor, and (b) the property subject to the lien or special assessment 90 and (c) the amount of the lien or special assessment. If, as of the Effective Gate, there are any pending liens or special assessments (liens o 91 special assessments other than those described above) which are not SELL ER's obligation as set forth above and which were not disclosed it 92 writing to BUYER by SELLER prior to or concurrent with the execution of this Contract, and which exceed 1% of the purchase price, BUYEF 93 may terminate this Contract, unless SELLER agrees in writing to pay the portion of such pending liens or special assessments in excess of 1°/ 94 of the purchase price, and SELLER agrees to pay into escrow at closing a reasonable sum to insure that the excess will be paid. SALES CONTRACT -AS IS (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11112021) Page 2 of 10 Senate: ur�aa�sa-ras���a . Prepwedby! Awe WYat3 I RontoRea€ty I J9Mn @R0 RWy.Gnm 1 2399101861 Packet Pg. 1159 16.D.3.b 95 7. EXISTING LEASES WITH POST -CLOSING OCCUPANCY: ] If this box is checked, the Property is subject to one or more leases ardor 96 rental agreements (collectively "eases) in effect as of the Effective Date with occupancy occurring after the closing. SELLER shall deliver 97 complete information regarding the terms of said Leases and copies of all written leases (collectively the "Lease Information's to BUYER not 98 later than 5 days after the Effective Date. BUYER shall have 5 days after receipt of the Lease Information to review the same, and may terminate 99 this Contract not later than 5 days after receipt of the Lease Information, if in BUYER's sole discretion, the Lease Information is unacceptable. If 100 SELLER fails to timely deliver the Lease Information, BUYER may terminate this Contract not later than 10 days after the Effective Date_ 101 8. AS IS; DIE DILIGENCE PERIOD; INSPECTIONS. BUYER shall have days [15 days if left blank] after the Effective Date (the "Q, 102 Diligence Period") to have the Property, the Systems and Equipment, and Personal Property evaluated at BUYI Rs expense and may, but is not 103 required to, utilize the services of any professional or licensed inspector(s) to conduct inspection(s). If BUYER determines, in BUYER's sofa 104 discretion, that the Property, Systems and Equipment, or Personal Property is not acceptable to BUYER for any reason, BUYER may terminate the 105 Contract prior to expiration of the Due Diligence Period. If BUYER does not elect to terminate the Contract, SELLER shall have no obligation to mare 106 any repairs or replacements to the Property, Systems and Equipment or Personal Property, except as stated in Standard .2.a. BUYER's right to 107 terminate hereunder has been bargained for between the parties, and each party acknowledges full and adequate consideration has been received 108 for this prevision. The Property, Systems and Equipment, appurtenances, and Personal Property being sold to BUYER will be conveyed to BUYER 109 in their "AS IS' conidifion as of the Effective Date. BUYER's failure to terminate the Contract in the manner provided herein shall constitute a waiver 110 of the right to temrinats under the provisions of this paragraph. All inspections shall be non-invasive and shall not email any parforation or removal 111 of structural material unless approved in advance by SELLER. Upon reasonable notice, SELLER shall provide access and utilities service to the 112 Property to facilitate the inspections. BUYER shall repair any and all damage to the Properly, Systems and Equipment and Personal Property m 113 resulting from or caused by the inspections and shall otherwise return the Property, Systems and Equipment and Personal Property to its condition o 114 prior to the inspections. BUYER will indemnify and mold SELLER harmless from and against all losses, damages, crusts, claim and expenses of any a 115 nature, including attorney fees )collectively `Losses', and from and against any liability to any person arising from, out of or in connection with the OJ 116 inspections, except as to Losses retuning from negligence or intentional acts or omissions of SELLER. For purposes of this Contract, tfre term W 117 "Systems and Equipment° shall mean all appliances and equipment, including fire sprinkler, irrigation, well. septic, beating, cooling, electrical, 118 plumbing and security systems; mechanical components; roof (including fascia and soffits); ceilings; walls; winds and doors (including overhead o 119 door(s)); foundation; swimming pool, spa and pooVspa decks}, and pooWanai enclosure(s); seawall; docks). boat littsldavits and relaters electrical 120 and mechanical components, if any. c 121 REAL ESTATE TRANSACTION STANDARDS 122 THE REAL ESTATE TRANSACTION STANDARDS SHOULD NOT BE REVISED OR MODIFIED EXCEPT IN OTHER TERMS ANC w 123 CONDITIONS ANDIOR BY ADDENDUMIADDENDA. c 124 125 STANDARD A —TITLE; TITLING INSTRUCTIONS; ASSIGNMENT; TAX DEFERRED EXCHANGE. a Y 126 1. MARKETABLE TITLE: Title to the Properly shall be good and marketable according to the Uniform Title Standards promulgated by the a 127 Florida Bar, and have legal access, subject only to the following exceptions: (a) ad valorem and non -ad valorem real property taxes for the year 00 128 of closing and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding 011, ga. 129 and mineral interests of record, if any; and (d) restrictions, reservations and easements common to the subdivision (or condominium, i E 130 applicable), provided that none of the foregoing shall prevent use of the Property for residential purposes. 131 2, TITLING INSTRUCTIONS FROM BUYER; ASSIGNMENT: Not later than 15 days prior to the Closing Date, BUYER shall deliver to SELLEF 42 a 132 the name(s), address, manner in which title will be taken, and a copy of any assignment executed by BUYER. No assignment shall release 133 BUYER from the obligations of this Contract unless SELLER consents in writing to such release. 134 3. TAX DEFERRED EXCHANGE: If either party intends to treat this transaction as a tax -deferred exchange under I.R.C. Section 1031, the 135 other party shall cooperate in accomplishing the exchange, and consents to the assignment of this Contract to a qualified exchange interediar; 136 for ffiat purposa, provides there is no additional cost or delay in closing and the exchanger is not released from liability under this Contract. 137 STANDARD B TITLE EVIDENCE; EXAMINATION; DEFECTS; LEGAL ACCESS; CLEARANCE. Not later than 10 days after the Effectiv€ 138 Date, SELLER shall furnish to BUYER a complete copy of SELLER's owner's title insurance policy. If the Property is located in Collier Count) 139 and SELLER falls to furnish a copy of the policy within the above time period, SELLER shall give BUYER a $150.O0 credit at closing in Tier. 140 thereof. BUYER shall have 34 days after the Effective Date ("Examination Period"] for examination of title and determination of legal aces 141 BUYER's obligation to purchase is conditioned on the Property having legal access to and from a public right of way sufficient for residential use 142 If titre is found defective or legal access is found to be lacking, BUYER shall, within the Examination Period, notify SELLER specifying the title 143 defect(s) or lack of legal access, and furnish copies of the title evidence and instruments evidencing such title defect(s) or lack of legal access 144 If the title defects) render(s) title unmarketable, or if SELLER cannot deliver possession. or if there is no legal access, SELLER shall have 3( 145 days after receipt of said notice and copies from BUYER (the "Clearance Period") to clear or remove such title defect(s), deliver possession 146 and/or provide legal access, at SELLER`s expense. SELLER will use diligent eflort to correct the title defect(s), deliver possession, and/or provide 147 legal access within the Clearance Period, including the bringing of necessary suits. If the Closing Date is prior to the expiration of the Clearance 148 Period, then the Closing Date shall be extended until the earlier of (i) 5 days after SELLER corrects the title defect(s), delivers possession, andlo SALES CONTRACT -AS IS (RESIDENTIAL IMPROVED PROPERTY) (NABOR 111/2021) Page 3 of 10 Scut- 076413•aao162.e5,U175 Packet P 1160 Fr�pjred b-y: jama Wyatt r Ranto R&aity j tamaQ�RonboP '�ty.Cm 1 2399101863 g 16.D.3.b 149 provides legal access or (ii) 5 days after the expiration of the Clearance Period, SELLER shall not be liable to BUYER for damages if SELLER 150 cannot render title marketable, deliver possession and/or provide legal access. II SELLER does not clear or remove the title defect(s), deliver 151 possession or provide toga] access within the Clearance Period, BUYER may elect either to accept such title, possession, and/or access as 152 SELLER can provide or to terminate this Contract by giving SELLER notice of such election not later than 5 days after expiration of the Clearance 153 Period. If BUYER makes no such election, BUYER shall be deemed to have accepted such title, possession and access as SELLER can provide 154 and close within the later of (i)10 nays after expiration of the Clearance Period or (il) the Closing Date. A monetary lien upon the Property shall 155 not constitute a title defect if said lien Can be polio] and satisfied from SELLER's proceeds at closing. 156 STANDARD Co —SURVEY; COASTAL CONSTRUCTION CONTROL LINE. 157 1. SURVEY AND SURVEY OBJECTIONS: Unless the Property is a condominium or cooperative unit, SELLER shall furnish to BUYER, not 158 later than 10 days after the Effective Date, a complete copy of any survey of the Properly in SELLER's possession and which has been certified 159 to SELLER (together with flood elevation certificate, if applicable). It to SELLER's knowledge there are no improvements or encroachments 160 currently located upon the Property other than as shown on the SELLER's survey, SELLER shall execute an affidavit of to change" affirming 161 same to BUYER. BUYER may, at BUYER`s expense, have the Property surveyed not later than 5 days prior to the Closing Date (`S,�rrvey 162 Period"). It the survey, as certified by a registered Florida surveyor, correctly shows: (a) an encroachment onto the Property; (b) that an 163 improvement located on the Property projects onto lands of others; (c) an improvement on the Property violates a zoning, building or other 164 governmental use restr icton; (d) an improvement on the Property violates any recorded covenant or restriction, or any covenant of this Contract; 165 or (e) lack of legal access (collectively 'Survey Objections"), BUYER may, within the Survey Period, notify SELLER of the Survey Objections and 166 shall furnish a copy of the survey. The Survey Objections shall be treated as a title defect(s). If BUYER falls to obtain a survey within the Survey 167 Period, BUYER waives any right to abject to any matters which might have been shown on a survey. If BUYER fails to make any Survey 168 Objections within the Survey Period, BUYER waives any Survey Objections. 169 2. COASTAL CONSTRUCTION CONTROL LINE: (a) If any portion of the Property lies seaward of the Coastal Construction Control Line, 170 Florida law requires the following disclosure- The property Bing purchased may be subject to coastal erosion and to federal, state or local 171 regulations that govern coastal property, including the delineation of the coastal construction control line, rigid coastal protection structures, 172 beach nourishment, and the protection of marine turtles. AMlional information can be obtained from the Florida Department of Environmental 173 Protection, including whether there are significant erosion conditions associated with the shoreline of the property being purchased. (b) It any 174 portion of the Property lies seaward of the Coastal Construction Control Line, BUYER waives the right to receive a survey or affidavit from 175 SELLER delineating said line Upon the Property. 176 STANDARD D---DISCLOSURES; INSPECTIONS AND REMEDIES; ELECTION AND RESPONSE; SELLER'S MAINTENANCE 177 OBLIGATION; WALK-THROUGH INSPECTION; RISK OF LOSS. 178 1. DISCLOSURES 179 A. SELLER DISCLOSURES: Except as disclosed to and acknowledged by BUYER prim to BUYER's execution of any offer (or 180 counteroffer, as applicable): 181 1. GENERAL, SELLER knows of no facts or conditions materially affecting the value of the Property, except those 182 which are readily observable by BUYER. 183 2. WETLANDS; SUITABILITY: SELLER does not know of any portion of the Property having been determined to be 164 wetlands, or of any other condition or circumstance adversely affecting the Property which might impair its suitability for residential use or 185 construction. 166 3. PERMITS AND VIOLATIONS, SELLER does not know of any improvements to the Property which were made 187 without proper permits) or certificate(s) of occupancy/substantial completion (where required) or of arty existing violations of local ordinances of 186 codes, or of any pending code enforcement violations or proceedings affecting the Property. 189 4. ZONING. SELLER has not commenced any proceedings to change the current zoning classification of the 190 Property, nor will SELLER initiate any such proceedings. SELLER has not received notice from any third party(ies) of any proceedings which 191 would affect the current zoning classification of the Property. Should SELLER receive any such notice, SELLER will promptly notify BUYER of 192 same, and in that event, BUYER may terminate this Contract by giving SELLER notice of said termination not later than 5 days after receipt of 193 said notice. 194 S. PAST INSURANCE CLAIMS: SELLER is unaware of any past insurance claims on the Property which wo►rlc 195 increase the cost or restrict the availability of insurance coverage for the Property. 196 B. MANDATORY DISCLOSURES: The fallowing disclosures are required by governing Florida law and are hereby made a par 197 of this Contract: 198 1. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building it 199 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guideline; 200 have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county heart• 201 department. 202 2. LEAD BASED PAINTIPAINT HAZARDS: It construction of the residence on the Property was commenced prloi 203 to 1978, SELLER is required to complete, and SELLER and BUYER are required to sign and attach to this Contract, the `Addendum to Salem 204 Contract Lead -Based Paint and/or Lead -Based Paint Hazards" a SALES CONTRACT -AS IS (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11112ti21) Page 4 of 10 se #: 070413.b I62-8534170 Prepatedby:JamaWyatt I Ron£oRea€ly t Jafn3@R0nt0ReaRy.cam 123N109861 Packet Pg. 1161 16.D.3.b 205 3. MOLD: In Florida, mold is commonly found both indoors and outdoors. Interior infestation by certain mold may 206 cause property damage and health problems for some persons. 207 4. PROPERTY TAX DISCLOSURE: BUYER should not rely on the SELLER's current property taxes as the amount 208 of property taxes that BUYER may be obligated to pay in the year subsequent to purchase. A change of ownership or property improvements 209 triggers reassessments of the property that could result in higher property taxes. It you have any questions cconcem ng valuation, contact the 210 county property appraiser's office for information. 211 C. ADVISEMENTS AND ACKNOWLEDGMENTS: 212 1. INSURANCE AVAILABILT'Y AND COST: Prior to signing this Contract, BUYER is advised to consult with 213 insurance professionals to ascertain the availability and cost of casualty, wind, and/or flood insurance, and further that insurance may be required 214 if BUYER is financing the purchase. 215 2. SQUARE FOOTAGE: BUYER is aware that any reference to the square footage and size of the Property and 216 improvements thereon is approximate and is not warranted, and should be independently verified by BUYER prior to execution of this Contract. 217 3. MANDATORY/BUNDLED CLUB MEMBERSHIP. The Property is or may be located in a community with a 218 mandatory or trundled club merrbvship, and BUYER may be required to pay certain initiation and other fees, dues ardor use charges imposed 219 by the club. If BUYER has questions or requires additional information pertaining to applicable club requirements and/or fees, dues and charges, 2-20 BUYER should contact said club. 221 4. COMMUNITY INVESTIGATION: BUYER is advised that any condominium, cooperative and/or homeowners' 222 association documents received by BUYER may not include important information about: the commun4(ies) where the Property is located, 223 including without limitation pending foreclosures, types and: amounts of insurance coverage, current budget and reserve amounts, and status of 224 delinquent assessments, ownership, financial and membership status of private clubs, golf course(s), marinas), and other amenities; the status 225 of the developer(s) if the community or any portion thereof is developer -controlled; and facts about the surrounding community(ies), school 226 districts and public and government infrastructure plans. SELLER by signing this Contract designates BUYER as SELLER's representative for 227 purposes of obtaining said information. 228 5. ENERGY EFFICIENCY: BUYER acknowledges receipt of the Department of Community Affairs brochure on the 229 Florida Building Energy Efficiency Rating System. 230 6. FIRE SPRINKLER/SAFETY SYSTEM RETROFIT: If the Property is located in a condominium or cooperative 231 building greater than 75 feet in height requiring retrofit for fire sprinklers or other life safety systems as shown on the list created by the local 232 district fire marshal, BUYER may terminate this Contract within the statutory rescission period set forth in Standard i. 233 7. CODE COMPLIANCE BROCHURE: If the Property is located in unincorporated Collier County, SELLER and 234 BUYER acknowledge receipt of the Collier County Code Compliance Residential Program brochure. 235 & FAIR HOUSING BROCHURE: BUYER and SELLER acknowledge receipt of the Equal Opportunity in Dousing 236 brochure provided by the National Association of Realtors advising the parties of their rights under the federal Fair Housing Act as well as other 237 federal, state and local laws. 238 9. FEMA 60% MULE: BUYER is advised that if BUYER intends to make substantial improvements to the Rea 239 Properly, BUYEfR`s changes may be subject to FEMA regulations limiting improvements to 50% of the value of the existing structure. The 240 Substantial improvement requirement applies to any reconstruction, rehabilitation, addition, or other improvement of an existing structure if the 244 lowest living floor elevafion is below the Base Flood Elevation as shown on the Flood Insurance Rate Map (FIRM) plus 1 foot AND the cost 0! 242 the work equals or exceeds 50016 of the market value of the structure before the start of construction. It is recommended that BUYER contact the 243 floodplain coordinator at the applicable local government with permitting jurisdiction for further information. 244 245 2. INSPECTION AND MAINTENANCE: 246 a. SELLER'S MAINTENANCE OBLIGATION. SELLER shall maintain the Property, (which for reference includes the Landscaping anc 247 Systems and Equipment) and Personal Property in the condition existing on the Effective Date unlit the Closing Date or date of possession 248 whichever is earlier. except for ordinary wear and tear (collectively 'SELLER's Maintenance Obligation 1. The scope of SELLER's Maintenance 249 Obligation shall not include or extend to any item for which SELLER has no maintenance, repair or replacement obligation under the governinc 250 documents of any applicable condominium or homeowners' association. If SELLER fails to perform SELLERs Maintenance Obligation a: 251 required in this Standard, SELLER shalt, at BUYER's request, either (i) perform appropriate repair, replacement, treatment mitigation or other 252 remedial action necessary to comply with Seller's Maintenance Obligation With respect to the Property and/or repair or replace the Persona 23 Property to the condition required by this Standard prior to the Closing Gate (collectively, "Maintenance Obligation Remedial Action'), or (ii; 254 provide a credit acceptable to BUYER at closing equivalent to the estimated cost of the Maintenance Obligation Remedial Action required b) 255 this Standard. If SELLER is obligated to perform the Maintenance Obligation Remedial Action and fails to do so prior to the Closing slate an 256 the parties are unable to agree upon a credit amount, SELLER shall escrow at closing a sum equivalent to 20ffo of the estimated costs fo. 257 payment to appropriately licensed contractor(s) performing the Maintenance Obligation Remedial Action. The escrow sum is not a cap or 258 SELLER`s liability for completion of the Maintenance Obligation Remedial Action. 259 b. WALK-THROUGH INSPECTION. BUYER (or a designated representative) may conduct a walk-through inspection of the Property prio 260 to closing or possession, whichever is earlier. to confirm: (1) that the items Ming conveyed as part of this Contract remain on the Property, (2 261 that the items which are not being conveyed as part of this Contract have been removed from the Property, and (3) that SELLER has performec a SALES CONTRACT -AS IS (RESIDENTfAL IMPROVED PROPERTY) (NABOR 111/2021) Page 5 of 10 senaw: 074413 €62-ES 4170 Prepared by: Jamji Wyatt r Ronto Realty 1 2399101861 Packet Pg. 1162 16.D.3.b 262 SELLER's Maintenance Obligation and, if applicable, any Maintenance Obligation Remedial Action as required in Standard D.2.a.above. Upon 263 reasonable notice, SELLER shall provide access and utilities service to the Property to facilitate the walk-through inspection. 264 c. RISK OF LOSS; CASUALTY; INSURANCE AND SERVICES ESSENTIAL FOR CLOSING; LIMITED PURPOSE INSPECTION 265 RIGHTS; EXTREME WEATHER CONDITION: 266 0 RISK OF LOSS. Any loss or damage to the Property (which for reference includes the landscaping and Systems and 267 Equipment) or Personal Property caused by lire, flood, extreme weather conditions or other casualty occurring between the Effective Dale of this 268 Contract and the Closing Rate or date of possession, whichever is earlier (`Casual "), shall be at SELLER's sole risk and expense. SELLER 269 shall maintain all existing casualty, wind, hurricane and (load insurance until disbursement. 270 (ii) AVAILABILITY OF INSURANCE AND SERVICES ESSENTIAL FOR CLOSING. If, as a result of the Casualty, BUYER is 271 unable to obtain hazard, flood, wind or homeowner's insurance or is unable to obtain such insurance at a reasonable rate and/or if services 272 essential for closing are not available by the Closing Date as a result of the Casualty, BUYER may delay the Closing Date until a date that is up 273 to 5 days after said coverage becomes available and services essential for closing are restored. If said coverage is not available and/or said 274 essential services are not restored for a period of 34 continuous days after the Casualty dale, either SELLER or BUYER may terminate this 275 Contract not later than 35 days after the Casualty date. 276 (iii) PROPERTY RENDERED UNINSURABLE OR UNFIT FOR HABITATION. If any such Casualty lass or damage renders the 277 Property on the Closing Date either: (1) uninsurable under the residential underwriting guidelines of the Citizens Property Insurance Corporation, 278 as documented in a letter from SELLER's or BUYER's insurance agent or underwriter; or (2) unfit for habitation under state or local building 279 codes: as documented in a letter issued by the governmental agency having Jurisdiction over said matters pertaining to the Property, then either 280 BUYER or SELLER may terminate this Contract not later than 5 days after receipt of said documentation. 281 (iv) LANDSCAPING. Notwithstanding the provisions of Standard D.2.a or Standard D.2.c(i), 4 any loss or damage to the 282 Landscaping is caused by a Casualty or other event beyond SELLER's control, SELLER's financial obligation for restoration of the Landscaping m 283 to the condition it existed on the Effective Cute (to the extent reasonably practicable (rased on availability of substantially equivalent replacement = 264 Landscaping) shall not exceed 1% of the purchase price. a 285 (v) BUYER LIMITED PURPOSE POST -CASUALTY INSPECTION RIGHTS. Not later than 5 days after SELLER notifies -J 286 BUYER that safe access to the Property is available following a Casualty, BUYER and/or BUYER's designated representative(s) may conduct W 287 an inspection of the Property (in addition to any walk-through inspection that BUYER may have conducted prior to the Casualty and/or is entitled 288 to prior to closing), for the limited purpose of identifying any loss or damage to the Property, the Personal Property and Systems and Equipment o 289 as a result of the Casualty fgPost-Casualty Inspection'). SELLER shall provide access and utilities service to the Property to the greatest extent v 290 possible based on the availability of such service to facilitate the Past -Casualty Inspection, 291 vi) EXTREME WEATHER CONDITION: If, due to a pending or threatened hurricane, tropical storm, tornado or other extreme � 292 weather condition, BUYER is unable to obtain hazard, flood, wind or homeowners/casua4 insurance coverage at a reasonable rate for closing, 3 293 or if services essential for closing are not available, BUYER or SELLER may delay the Closing hate until a date which is not more than 5 days 0 294 after insurance coverage becomes available and/or services essential for closing are restored. It such insurance coverage and/or services 295 essential for closing remains unavailable for a period of 30 continuous days, then either SELLER or BUYER may terminate the Contract not later o 296 than 35 days after such extreme weather condition rendered insurance and/or services essential for closing unavailable. a 297 STANDARD E--SELLER'S INSTRUMENTS AND EXPENSES. SELLER shall pay for and provide, when applicable: (1) the title Y 298 evidence or credit specified in Standard B; (2) if the Property is located in Lee or Charlotte County, the premium far the owner's title Insurance 299 policy issued by the closing agent selected by BUYER, and the charges for bile search and We continuation through the date of deed recording; m 300 (3) Preparation of statutory warranty deed (or special warranty deed if SELLER is a fiduciary), bill of sale with warranties of ownership and c 301 freedom from encumbrances, condominiumlhomeowners` association estoppel letter(s), broker compensation verifications; tenant estoppel E 302 leiter(s), copy(ies) and assignment(s) of lease(s), and an affidavit regarding liens, possession, and withholding under FIRPTA, in a form sufficient = 303 to allow "gap" coverage by title insurance; (4) Mortgage payoff letter from existing creditor ender(s); (5) documentary stamp tax on deed; (6) real a 304 estate brokerage compensation contractually agreed to by SELLER (to be disbursed by closing agent at closing); (7) utility services to the Closing a 305 Date; (8) any condominiurn/homeowners` association special assessments and governmentally imposed liens or special assessments with are 306 SELLER's obligation under Paragraph 6; (9) SELLER's attorney fees, (10) 9 SELLER is subject to withholding under FIRPTA, charges associated 307 with withholding, escrowing and/or remitting funds, and/or preparing the withholding certificate application and/or tax return related thereto; (11) 308 reimbursement of prepaid estoppel fees and other casts advanced on Behalf of SELLER: and (12) wire fees associated with transter(s) of 309 SELLER proceeds and payoffs. 310 STANDARD F--BUYER'S INSTRUMENTS AND EXPENSES, BUYER shall pay for and provide, when applicable, including any sales tax due 311 thereon: (1) recording fee for deed; (2) all costs of any institutional loan secured by BUYER; (3) the premium for creditor/lender title insurance 312 policy, and if the Property is located in Collier County, the premium for the owner`s title insurance policy issued by the closing agent selected by 313 BUYER and the charges for title search, and title continuation through the date of deed recording; (4) recording membership approval; (5) survey 314 charges; (6) condominiurWhomeowners' association membership transfer fee; (7) condominlum/homeowners' association resale transfer 315 fee/capital contribution; (8) any pending homeowners7condominium association special assessments and governmentally imposed liens or 316 special assessments which are not SELLER's obligation under Paragraph 6; (9) real estate brokerage compensation contractually agreed to by 317 BUYER (to be disbursed by dosing agent at closing); (1Q) BUYER's attorney lees; {1f) BUYER shall promptly pay and indemnity and hold 318 SELLER harmless against any claims or liens upon the Property for surveyor or other services furnished to the Property at the request of BUYER: 319 (12) code enforcement/municipal lien search fees, (13) reimbursement of prepaid application fees and other costs advanced on behalf of BUYER; 320 (14) reimbursement to the closing agent of any deposit and closing funds shortages due to deduction of wire fees; and (15) submerged lane 321 lease assignment and transfer fees, including any applicable sales tax. SALES CONTRACT -AS IS (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11112021) Page 6 of 10 Sena* 076413-6001624SU170 PmpxeQby: JamaWyatt r RonloRea4 I Packet Pg. 1163 16.D.3.b 322 STANDARD G--PRORATIONS; CREDITS. These items will be prorated as of the Closing Date, with BUYER charged with and entitled to the 323 Closing Date, or the possession date, whichever is earlier. (1) real and personal property taxes Fused on the current year, available. If not 324 available, the taxes shall be based on the TRIM Your Taxes This Year d PROPOSED Budget is Adopted" amount and current year non -ad 325 valorem amounts), if available; otherwise the prior year non -ad valorem amounts. ff neither the current year tax not TRIM amounts are available, 326 the taxes shall be fused on the prior year's bill (without discount or exemptions no longer available in the year of closing). If completed 327 improvements exist on the Property for which a certificate of occupancy was issued as of January Ist of the year of closing, which did riot exist 328 on January fist of the prior year, taxes shall to estimated for proration by applying the current year millage rate to the current year taxable value 329 of the Property. If the current year millage rate is not fixed, the prior year millage rate shall be applied. If the Current year taxable value is not 330 fixed, the taxes shall be estimated for proration by applying the most current fixed millage rate to a sum equivalent to 8CWS of the purchase price. 331 A tax proration based upon any estimated tax shall, at the request of either party, be re -prorated based on the actual tax bill amount With 332 maximum discount; (2) interest on any assumed indebtedness; (3) rents; (4) candor iniumfhomeowners' association assessments and 333 CDDfMSTU operating and maintenance assessments; (5) county waste assessments; (6) appliance service contracts assumed by BUYER; and 334 (7) propane gas. BUYER shall receive from SELLER at closing a credit equivalent to the amount of any security deposit and prepaid rents held 335 by SELLER, and any accrued interest thereon, or alternatively, ownership or an assignment of the account in which the deposits and prepaid 336 rents, and any accrued interest thereon, are held. 337 STANDARD H—HOMEOWNERS' ASSOCIATION DISCLOSURE. If the Property is located within and governed by any manamory 338 homeowners' association, the following provisions are incorporated into this Contract: 339 IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE 340 PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY 341 DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL 342 WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY 343 PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE r3��44 AT CLOSIN/G.� p y �+ �+ �a €' p ■ `F �rq ■ ■ "HOMEOWNERS' �.ny.� �v, 3455 BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE "HOMEOWNERS' ASSOCIATION 346 DISCLOSURE SUMMARY," WHICH IS ATTACHED TO AND MADE A PART OF THIS CONTRACT. 347 STANDARD I —CONDOMINIUM RESALE DISCLOSURE; VOIDABILITY RIGHT'S. It the Property is a condominium unit(s), the follo%ving 348 provisions are incorporated into this Contract: THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE 349 BUYER'S INTENTION TO CANCEL WITHIN 3 HAYS, EXCLUDING SATURDAY$, SUNDAYS AND LEGAL HOLIDAYS, AFTER THE DATE 350 OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION OF 351 CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST 352 RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO 353 REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL, BE OF NO EFFECT. BUYER MAY 354 EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAY$, SUNDAYS AND LEGAL 355 HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, AND RULES OF THE 356 ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS 357 AND ANSWERS DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT 358 CLOSING. BUYER shall also be entitled to receive a copy of the Condominium Governance Farm required by Florida Statutes, and the agave 359 stated right of BUYER to cancel this Contract shall apply to BUYER's receipt of said governance form in the same manner as applies to the other 360 above -referenced condominium documents. BUYER, by its execution of this Contract, hereby requests a current copy of the above referenced 361 condominium documents and Condominium Governance Farm. 362 STANDARD J--CONDOMINIUMtHOMEOWNERS' ASSOCIATION PROVISIONS; MEMBERSHIP APPROVAL. Any condominium 363 thomeowners' association reserve account(s) is included in the purchase price. If association membership approval is required, BUYER shall; 364 not later than 10 days after the Effective Date, make application for same in the name(s) in which title will be taken, and shall comply with al 365 governing requirements of the association and be responsible for securing membership approval. If no written approval has been obtained from 36S the applicable c ondominiu thomeowners' association by the Closing Date, either BUYER or SELLER may terminate this Contract by giving the 367 other party notice of said termination prior to receipt of the approval. SELLER shall obtain a letter(s) from the association(s) which sets forth the 368 amounts, periods and payment status of assessments and transfer fees and resale capital assessments and deliver same to the BUYER nog 369 later than 15 days prior to the Closing Date. Some condominiums exist upon a leasehold estate or have associated recreational leases whict 374 may require the payment of revs, taxes, maintenance, replacement and repair. BUYER takes title subject to any such lease. IF THE 371 CONDOMINIUM UNIT EXISTS UPON A LEASEHOLD ESTATE AND THE REMAINING TERM ON ANY GROUND LEASE IS FEWER THAN 372 40 YEARS AS OF THE EFFECTIVE DATE, BUYER MAY TERMINATE THIS SALES CONTRACT BY GIVING SELLER WRITTEN NOTICE 373 OF SAID TERMINATION WITHIN THE EXAMINATION PERIOD DEFINED IN STANDARD S. SELLER will assign its sublease to BUYER a $74 closing. 375 STANDARD K- MORTGAGE CREDITORiLENDER POLICIES. If BUYER elected to obtain mortgage financing under Paragraph 4.13., the 376 policies of the creditorilender shall prevail as to the procedures for closing and disbursement of mortgage loan proceeds. a SALES CONTRACT -AS IS (RESIDENTIAL IMPROVED PROPERTY) (NABOB 11112021) Page 7 of 10 sedawr D78di3 80Ui82 ES347Y0 Prepared by: Jama Wyatt [ Rum Realty 1 Jano@R u b$k1Nty.WM 1 23'Al01851 Packet Pg. 1164 16.D.3.b 377 STANDARD L- ESCROW; ESCROW 1 GENT(S). The escrow agent who accepts in escrow the deposit(s) paid under this Contract (the "Escrow 378 Agent"} shall hold the deposit(s) within the State of Florida in escrow until the earlier of: (1) delivery to another Escrow Agent for closing, who by 379 acceptance agrees to these terms and becomes the Escrow Agent (the Escrow Agent holding the deposit(s) is authorizer[ to so transfer the 380 funds and is relieved of all liability for the funds delivered); (2) delivery of the deed, with payment of the deposil(s) as part of the purchase price 381 of the Property; (3) such time as BUYER may be entitled to return of the deposit(s); or (4) delivery pursuant to written direction of the parties, at 382 which time the Escrow Agent shall pay all of the deposit(s) to the party(ies) entitled thereto. The Escrow Agent shall not be liable for the payment 383 of any interest, damages, attorney fees or court costs in any action brought to recover the deposits) held in "crow, or any part thereof, unless 384 the Escrow Agent shall fail or refuse to pay over any such deposit(s) pursuant to a judgment, order or decree that shall be final beyond possibility 385 of appeal. In any proceeding which litigates the disposition of the deposlt(s), the Escrow Agent shall be entitled to be paid reasonable attorney 386 fees and court casts, which shall be paid by the non -prevailing party. The Escrow Agent has no duty to collect or attempt to collect any deposit 387 or Check givers as a deposit, but shall give the parties written notice of: (a) any deposit that is not received not later than 5 days after its due date, 388 and (b) any deposit check that is not paid on presentation, not later than 5 days of learning of its dishonor. It the Escrow Agent is a licensed real 389 estate broker, the Escrow Agent Shall comply with the requirements of Chapter 475, Florida Statutes. 390 STANDARD M—FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA) WITHHOLDING. A SELLER who is a U.S. citizen or 391 resident alien and who furnishes BUYER with an affidavit attesting to same, is exempt from FIRPTA withholding. If SELLER is a foreign person 392 or entity, BUYER shall deduct and withhold from the purchase price, or collect from SELLER if the net proceeds are insufficient, 150/0 of the 393 purchase prig (the 'Withholding Arnouri ft and remit same to the Internal Revenue Service (the "IRST) within 10 days after the Closing Date, 394 unless: (1) the purchase price is not more than $300,000.00 and BUYER executes a swum certifiegon at closing attesting that BUYER is 395 acquiring the Property for use as a residence; i.e. that BUYER or a member of BUYER'S family has definite plans to reside at the Property at 396 least 50% of the number of days the Property is used by any person in each of the first two 12-month periods immediately following the closing, m 397 in accordance with the Internal Revenue Code and all applicable regulations (the "BUYER's Residential Use Certification , in which event the = 398 Withholding Amount is $0; or (2) the purchase price is greater than $300,000.00 but not more than $1,0€ 0,000.00 and BUYER executes a Q 399 BUYER's Residential Use Certification, in which event the Withholding Amount is reduced to 10% of the purchase prig. If SELLER furnishes to p 400 BUYER, not later than the Closing Gate, proof of submittal to the IRS of an application for withholding certificate, the closing agent (or other third � 401 party mutually designated by SELLER and BUYER) shall hold the applicable Withholding Amount in escrow pending receipt of the withholding 00 402 certificate, shall remit the sum reflected in the withholding certificate to the IRS within 10 days of receipt of the withholding certificate, and shall o 403 promptly refund any remaining balance to SELLER, SELLER shall hold BUYER harmless and indemnify BUYER for not withholding or collecting v 404 the applicable Withholding Amount or for withholding and remitting the reduced amount reflected in the withholding certificate. BUYER shall � 405 provide to SELLER evidence of remittance of all or any portion of the applicable Withholding Amount to the IRS. The failure of either party to a 406 comply or to allow compliance with the requirements of FIRPTA and related regulations shall constitute a breach of this Contract. 407 STANDARD N -QUICK CLOSING. Except with reject to the Clearance Period in Standard B or as otherwise set torth in Standard J, 4 the y 408 Closing Date does not allow sufficient time for performances by SELLER and BUYER within the time frames and by the deadlines set forth in G 409 this Contract, the parties agree to undertake and complete all performenm, inspections, surveys, examinations, delivery of documents, notices, a 410 satisfaction of contingencies and all other actions required of or allowed to either party prior to the Closing Date, except that the statutory time 0 411 period set forth in Standards H and I shall not be affected by this provision. 412 STANDARD 4—DEFAULT AND REMEDIES. If BUYER does not perform SUYEITs obligations hereunder (except as excused by SELLER's m 413 default) all deposits made shall be paid to SELLER as liquidated damages, which shall be SELLER's exclusive remedy. It SELLER does not 414 perform SELLER's obligations hereunder (except as excused by BUYER's default), BUYER may enforce this Contract by a suit for specific 415 performance, damages, or may terminate this Contract. 416 STANDARD P LITIGATION; ATTORNEY FEES AND COSTS. In connection with any litigation Concerning this Contract, venue shall be in the a 417 county where the Property is located, and the prevailing party shall be entitled to recover reasonable atiomey fees and court costs, including on 418 any appeals, from the non -prevailing party. The term shall include SELLER, BUYER, and any broker acting in an agency or 419 non -agency relationship recognized under Chapter 475, Florida Statutes. For purposes of this Standard, any such broker shall be an intended 420 third party beneficiary. 421 STANDARD cam -NOTICES, DISCLOSURES, ACKNOWLEDGMENTS AND DOCUMENTS, All notices, disclosures, and acknowledgments 422 must be In writing. Unless a party is required by lava to deliver notices, disclosures, acknowledgments or documents directly to the other party, 423 all notices, disclosures, acknowledgments and documents required or permitted under this Contract shall be effective when given by a party or 424 that parry's broker or attorney to the other party or said other party's broker or attorney. Delivery of homeowners` or condominium documents 425 required under Standards H and I respectively to BUYER's broker or attorney shall not constitute delivery to the BUYER. 426 STANDARD R—MISCELLANEOUS. (1) The parties have agreW to deel in good faith with respect to all provisions of this Contract, 427 (2) The singular case or tense shall include the plural case or tense. (3) This Contract may only be modified in writing signed by the parties. 428 (4) Except as otherwise specifically provided, all references to days shall mean calendar days. (5) Except as otherwise specifically provided, all 429 deadlines shall expire at 11:59 PM Eastern Time. Except as otherwise expressly provided by law, if the Closing Date, any deadline or the Iasi 430 day of any time period falls on a Saturday, Sunday, or federal legal holiday, said deadline shall be extended to the following business day. (6) 431 As used herein, the terms `real estate broker" or "broker" shall include all real estate brokers, brokerage corporations or business entities, and 432 their respective licensees involved in this transaction. (7) All title evidence, condominium documents and other documents provided to BUYER 433 by or on behalf of SELLER are the property of SELLER until closing and shall be immediately returned to SELLER if this Contract is terminated. SALES CONTRACT -AS IS (RESIDENTIAL IMPROVED PROPERTY) (NABOB 1/112021) Page 8 of 10 senalft: 076413.80082.8534179 Prepared by: Jams wyad r #7onto Realty ] n991011361 Packet Pg. 1165 16.D.3.b 434 (8) If either SELLER or BUYER is permitted to terminate this Contract, said party shall do so by giving notice of said termination to the other 435 party, whereupon all deposits made by BUYER shall be promptly returned to BUYER. this Contract shall be of no further force and effect; and 436 the parties shall have no further liability to one another hereunder except as set forth herein. (9) The headings used in this Contract are for 437 convenience of reference only and shall not be used far interpreting the meaning of any provisions of this Contract. (10) All provisions of this 438 Contract which by their nature or context require performance or provide rights after the Closing Date, including without limitation the provisions 439 of Standard P, shall survive closing. (11 ) Signatures and initials communicated by electronic or facsimile transmission shall be binding. (12) A 440 facsimile or electronic (including dpdf') copy of this Contract and all related sale documents and any signatures thereon shall be considered for 441 all purposes as an original. This Contract and all related sale documents may be executed by use of electronic signatures, as determined by 442 Florida's Electronic Signature Act and other applicable laws. (13) This Contract and all related sate documents may be signed in counterparts, 443 and said counterparts shall collectively constitute the entire agreement of the parties. (14) Upon reasonable notice, SELLER shall provide access 444 to the Property to appraisers) and surveyors) retained by BUYER. (15) SELLER and 8UYER authorize the closing agent to provide copies of 445 the American Land Title Association (ALTA) and other settlement statements to all parties, brokers and attorneys associated with this transaction. 446 STANDARD B—NEGOTIATED TERMS; REPRESENTATIONS. IONS. Any and all terms negotiated between the pales must be written into this 447 Contract. BUYER's decision to buy was based upon BUYER's own investigations of the Property. BUYER holds the broker(s) harmless from all 448 liability or lass caused by SELLER`s failure to disclose material facts in accordance with this Contract, or SELLER's representations regarding 449 the Property's coalition, or from broker's referral, recommendation, or retention of any vendor. The parties agree that assistance to a party by a 450 broker does not, and will not, mare the broker responsible for performance. 451 STANDARD T- FINDING CONTRACT; LEGAL COUNSEL. THE PARTIES ARE NOT REQUIRED TO USE ANY PARTICULAR FORM OF 452 CONTRACT. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE (RESPECTIVE INTERESTS, OBJECTIVES AND 453 BARGAINING POSITIONS OF THE PARTIES. APPROVAL OF THIS FORM BY THE COLLIER COUNTY BAR ASSOCIATION AND 454 ASSOCIATIONS OF REA TORS DOES NOT CONSTITUTE AN OPINION THAT ANY OF THE TERMS AND CONDITIONS IN THIS 455 CONTRACT SHOULD BE ACCEPTED BY A PARTY IN A PARTICULAR TRANSACTION. THIS IS A LEGALLY BINDING CONTRACT FORM. 456 EACH PARTY ACKNOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT, THE CLOSING EXPENSES HAVE BEEN EXPLAINED, REAL 457 ESTATE TRANSACTION STANDARDS A THROUGH T HAVE BEEN RECEIVED AND REVIEWED, AND THAT PARTY HAS BEEN A)VISEC 458 BY THE REAL. ESTATE BROILER TO SEER LEGAL COUNSEL AND TITLE INSURANCE TO PROTECT THAT PARTY'S INTEREST IN 459 CONNECTION WITH THE TITLE STATUS AND CLOSING OF THIS TRANSACTION. BUYER AND SELLER ARE ADVISEE? TO CONSULT AN 460 APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, PROPERTY CONDITION, ENVIRONMENTAL, AND OTHER SPECIALIZED ADVICE. 461 THIS CONTRACT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO, THEIR HEIRS, 462 ADMINISTRATORS. PERSONAL REPRESENTATIVES, AND SUCCESSORS IN INTEREST. 463 OTHER TERMS AND CONDMONS: 464 Buyer's agent will credit the 3% co -brake commission to the buyers. 465 Gash offer, can supply proof of funds If needed Closing September 7, 2021. 466 467 468 469 470 471 ADDENDUM: The following Addendum/Addenda islare attached hereto and incorporated into this Contract: 472 473 474 475 476 To the extent such Addendum/Addenda terms conflict with the terms of this Contract, the Addendum/Addenda terms shall control. 477 THE MEAL ESTATE TRANSACTION STANDARDS SHOULD NOT BE REVISED OR MODIFIED EXCEPT IN OTHER TERMS ANE 478 CONDITIONS ANDIOR BY ADDENDUMIADDENDA. a SALES CONTRACT -AS IS (RESIDENTIAL IMPROVED PROPERTY) (NABOR 11112021 y Page 9 of 10 SerlaW� 076413-400102-8534170 Preparfi by: Jama Wyatt i fonto Realty i lama Rjator,eaity U.M [ ' °336tar>l Packet Pg. 1166 479 WIRE FRAUD ADVISORY. CYBER CRIMINALS A. _ '^ i,NG TO STEAL LARGE Sums �F t� ?HEY ARE TARGETING REAL ESTATE 480 TRANSACTIONS BY INTERCEPTING ELECTRONIC COMMUMCATIONS AND SENDING EMAILS THAT APPEAR TO BE FROM REAL 481 ESTATE AGENTS, BROKERS, ATTORNEYS, TITLE COMPANIES, LENDERS AND OTHERS INVOLVED IN REAL ESTATE 482 TRANSACTIONS. THESE CRIMINALS HAVE INTERCEPTED WIRE TRANSFER INSTRUCTIONS, OBTAINED ACCOUNT INFORMAiiON, 483 AND, BY ALTEFWG SOME OF THE DATA, USED BIAILS TO CONMNCE BUYERS, SELLERS AND OTRkRS TU REDIRECT THE MONEY 484 TO A FRAUDULENT ACCOUNT, THESE EMAILS ARE SOPHISTICATED AND MAY LOOT[ LIKE LEGITIMATE EMAILS FROM PARTIES 485 INVOLVED IN THE TRANSACTION. BUYER AND SELLER ARE STRONGLY ENCOURAGED NOT TO SENT] PERSONAL INFORMATION, 486 SUCH AS BANK ACCOUNT NUMBERS OR OTHER NON-PUBLIC fNFORMATIO k VIA UNSECURED EMAIL OR OTHER ELECTRONIC 487 CQMWNICATION, AND TO NEVER WIRE TRANSFER MONEY WITHOUT PERSONALLY SPEAKING WITH TIE INTENIDED REMENT 4se OF THE WIRE TRANSFER TO VERIFY THE ROUTING AND ACCOUNT NUMBERS. BUYER AND SELLER HEREBY AGREE TO 489 INDEMNIFY AND HOLD HARMLESS ESCROW AGENT, ANY CLOSING AGENT AND ANY BROKER ACTING IN AN AGENCY OR NOW 490 AGENCY RELATIONSHIP RECOGNM UNDER CHAPTER 475, FLORIDA STATUTES, FRAM ALL LOSSES, LIABILITIES, CHARGES 491 AND COSTS INCURRED DUE TO ANY WIRE TRANSFERS OR WIRE INSTRUCTIONS WHICH RELATE TD THE TRANSFER OR 492 ISSUANCE OF FUNDS. FOR PURPOSES OF THIS PARAGRAPH, ESCROW AGENT, ANY CLOSING AGENT AND ANY BROKER SHALL 493 BE INTENDED THIRD -PARTY NEF0ARIES. kbn ' G (s Signature) {Date] (Buyer's Signature) r I (Date) Q Douglas A. Cuenca Millard C. BroOks- Jr O (Seder's Printed Name) (Buyer's Printed Nam) W c _� o z r (Seller's Slgnature) (Date) (Buyer's Signature) (Date) N n3 Dom/nIc M. Brooks C a� (Seller's Prnted Name) (Buyer's Printed Name) ' U 494 SELLER rejects BUYER'S offer on 495 496 497 498 Listing Brokerage: (Seller's Signature) {Insert Date}. IDEhIFiCATION OF BROKERS AND LICENSEES (Seller's Signature) AmerfYest Rea'y Selling Brokerage: Ronto Realry 4" Listing Licensee: David House SoOng Licensee: Jams "Iyar, 5W IDENTIFICATION OF ESCROW AGENT Escrow Agani's Name: /?Gr, 6,0 -/ 1ZT 56RC/r85- 501 Escrrrw Agent Address: 3733. —3-a 3 5C2 Escrow Apnj Telephone: way,� `� - a G z - ��e(, `f Email: 503 THIS CONTRACT SHALL NOT MODIFY THE LISTING CONTRACT OR ANY MLS OR OTHER OFFER OF COMPENSATKM MADE BY 504 SELLER OR LISTING BROKER TO COOPERATING BROKERS. eM21 Nap[as Ares SOBrd M RMTOMsnd Ataecietien Of A"I Esrau PM49Elohsis, kit -"Rights nsaarwd. (NAaDA iMrA21) APpmyqD a5Lhe Marw 4WM Area Assod mn of REALTOW, Inc- and Me QAer Cana' loot Page 1 D Of 10 srta.�e_ pE25er.eaotrzasz�nr oy I 123zlorssl Form Simplicity Packet Pg. 1167