As Is Contract to Sale & Purchase #1
THIS FORM HAl IEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTOFll. AND THE FLORIDA BAR
"As Is" Contract For Sale And Purchase
I I ': i I
"As Is"
1.
2"
3
4
5
6"
7"
S.
9
10
11"
12"
13"
14*
'A'r1tJ. 'At- 71lu~.,. aon,P~~'I At; ~~ FIJI( IX'S ~ /
and "Buye"'),
hereby agree that Selier shall sell and Buyer shall buy the ~ OWing described Reel Property and Personal Property (collectively "Property")
pursuant to the terms and condltlons of this Contract for Sale and Purchase and any riders and addenda ("Contract;:
I. DESCRIPTION: /7 . /.1
(a) al crlptlon oft R P ocst I C-Orft l!r CouQ.ty, Florida:
(b) Street address, city. zip, of the Properly:
(c) Personal Property Includes exIsting range(s), rerrlgerator(s), dlshwasher(s), eelling fan(s), Ii
speclflcslly excluded below.
Other Items Included are:
Items of Personal Properly (and leased Items, If any) excluded are:
~~* /I. ~~:~~~E PRICE (U.S. currency):. . .. ..., '" 'iJ/r' 75' . 'i;f q ~.~
17* (e) Deposit held In escrow by ("Escrow Agent; In the amount of (cheCks 8llbJeal to clearance) $
18" Escrow Agent's address: Phone:
19* (b) Additional escrow dllposllto be mads to Escrow Agent within _ days lifter Etfectlv8 Date In tha amount of. , . . . . . . . .
20. (c) Ananclng In the amount of ("Loan Amount; see Paragraph IV below . . . . . . . . . . . . . . . . . . . . . , . , . .. . . . , . . . . . . . . . . . .
21* (d) Other . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . , . . . . . . . . . . . . . , , . . . . . . , . . . . . . . . . . . . . . .
22 (e) Balance to close by caaI1, wire transfer or LOCALLY DRAWN Cllllhler'a or offloIaI banI< checl<(s), subject
23" to ~ents or prorations. . . . . . . . . . , . . . . . . . . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
24 III. llME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (e) If this offer Is not executed by and delivered to aN parties OR FACT OF EXECUTION communicated i1 writing between the partIes on or
26* before . the deposlt(s) will, at Buyer's option, be retumed and this offer withdrawn. Unl... other.
27 wise atated, the time for acceptance of any countlH'Oftera ahall be 2 day. from lI1e date the counteroffer I. del'Ventd.
28 (b) The date of Contract C'Bfectlve Date") will be the date when the last one of the Buyer and Seller has signed or Initialed this offer or the
29 11nel counteroffer. If such date Is not otherwise 8et forth In this Contract, then the "Effective Date" shall be the date determined above for
30 acceptance of this offer or. If applicabfe, the flnel counteroffer.
31 IV. ~,)IANCING: .
32" ~(a) This Is a cash transaction with no contingencies tor financing;
33* a (b) This Contract Is conti1gent on Buyer obtaining written loan commitment which confirms underwrltlng 10811 approval for a loan to purchase
34* the Property ("Loan Approval") wlttli1 _ days (If blank, then 30 days) after Effectllle Date ("Loan Approval Date") tor (CHECK ONLY
35" ONE): 0 a fixed; 0 an adjustable; or 0 a fixed or ~ustable rate loan. In the Loan Amount (See Paragraph 1I.(e)) at an Initial Interest rate not to
36* exceed %, and for a term of - years. Buyer wlII make application within _ days (If blank, then 5 days) after ElrecUYe Date.
37 BUYER: Buyer shal use reasonable dllgence to: obtain Loan Approvali notify Seller In writing of nlCelpt of Loan Approval by Loan Approval
38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condltlon related to the sale of other property shall
39 not be deemed L08I1 Appro\181 for purposes of this 6l.bparagraph. Buyer shill pay all loan expenses. Buyer authoriZes the mortgage broker(s) and
40 lender(s) to cisclose Informatlon regarding the conditions. status, and progrees of loan application and Loan Approval to Seller, Seaer'll attomey,
41 real estate llcensee(s), and Closing Agent.
42 SELLER: If Buyer does not delver to Seller written notice of Loan Approval by Loan Approval Date. Saller may thereafter cancel this Contract by
43 deUvering written notice ("Setler's Cancellation Noticej to Buyer, but not later than seven (7) days pItlr to Ooslng. Seller's Cancelation Notice shaJI
44 notify Buyer that Buyer has three (3) days to deliver to Seier written notice waiving this Flnsnci'lg contingency, or the Contract shall be cancelled.
45 DEPOSIT(S) (for purpoll8ll of this Financing Paragraph IV(b) only): If Buyer has used reasonable ciligence but c.foes not obtain Loan Approvat
46 by Loan Approval Date, and thereafter either party elects to cance/ this Contract, the deposlt(s) shall be returnsd to Buyer. If Buyer obtains Loan
47 Approval or waives this Financing contingency, and thereafter the Contract does not cloee. then the deposlt(s) shall be paid to SeIer; Provk1ed how-
48 ever, if the failure to close Is We to: (I) SaUers failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or 00 Buyer'! lender
49 falls to receive and approve an appraisal of the Property In an amolllt sufllclent to meet the terms of the Loan Approval, then the deposlt(s) shar be
50 retLl'ned to Buyer.
51" a (c) Assumption of existing mortgage (see rider for terms); or
52* a (d) Purchase money note and mortgage to. Seller (see 'As Is. Standards B and K and riders; addende; or special clauses for terms).
53" V. TITLE EVIDENCE: At least - days (If blank, then :; days) before Closlng a title insuance commilment with legible copies of ilstruments listed as
54 exceptions attached thereto ("Title Commllment") and. after Closing, an owners policy of title Insurance (see Standard A for terms) shall be obtained by:
55* (CHECK ONLY ONE): 0 (1) SeIfer, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56* a (2) Buyer at Buyer's expense,
57* (CHECK HERE): 0 [f an abstract of title is to be furnished Instead of tllle insurance, and attenD rlrlA/P'fr:lr t9rJ!1]8 _
58" VI. CLOSING DATE: This transactbn shal be closed and the doslng documents dellwred on _ to 3D 2.c?Q9rc'roSngj, LI'IIess
59 modlfted by oCher provisions of this Contract. In the event of extreme weather or other condItlons or event! constlttItlng ~ majeure", CIosilg wi be
60 extended a reasonable time unti: (I) restoration of utlllIes and other services essential to CIosJng, and 00 avaJIabllty of HIWI'd. WInd, Flood, or Homeowners'
61" hsurance. If sueh condtlons continue more than _ days (If blank, then 14 days) beyond ClosIng Date, then either ps1y may ca1CeI this Contract.
~
6~ ?/I:'.. ~
/()~(). '" e
$
$
$
~ Z 1t'p. 'C
.
FARIBAA ASIS-2x Rev. 2108 C 2008 Florida Associatlon of REAlTORS" and The Ronda Bar All Rights Reserved Pege 1 of 5 .........a.
Tbb .ortw.n s. lio...... to ICnt... 1III.el.... .nh...t ...Hy . Wl.'hld . A......l.t... b.,) --.tC....otl....d..~.._. ___~
.-.,'~--_...._.... 1 "t~~_'"._
62 VII. RESTRICTIONS, EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning,
63 restrictions, prohlbltlons and other requirements impoaed by governmental authority; restrictions and matters appearing on the plat or otherwise
64 common to the subdivision: outstanding 011, gas and minerai rights of record wIIt10ut right of entry; unplatted publle utility easements of record
65 Oocated contiguous to real property lines and not more than 10 feet In width as to the rear or front linea and 7 1/2 feet In width as to the side
66 lines): taxes fur yeer of Closing and subsequent years; and assumed mortgages and purchase money mortgages, If any (If addltlonalltems, see
67* addendum); provided, that there elllllto at Slelli"l"8 .Ielatl&n ef tAe ferllll,,1A1I1lR8 none prevent use of the Property for
68* purpose(s}.
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at Ume of Closing unless otherwise stated herein. If Property Is Intended
70 to be rented or occupied beyond Closing, the fact and terms thereof and the tanant(s) or occupants Shall be dIsofosed pursuant to "AS IS" Standard
71 F. If oecupancy Is to be delivered before Closing, Buyer assumes aD risks of loss to Properly from dete of occupancy, aha. be responSIble and liable
72 for maintenance from that date, and shall be deemed to have accepted Property In Its existing condition as of time of taking occupancy.
73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, ridera and addenda shall control all printed pro-
74 visions of this Contract In eonfllct with them.
75. X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; 0 may
76* assign but not be released from liability under this Contract: or 0 may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Properly may be subject to unpaid speclal assessment lIen{s) Imposed by a public body lPublic body" does not lliclude a
79 Condominium or Homeowners' Association}, Such lIen(s), If any, whether certified, confirmed and ratified, pending, or payable In Installments,
80* as of Closing, shan be paid as foUows: Q by Seller at closing 0 by Buyer (If left blank, then Seller at Clollng). If the amount of any
81 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the
82 last estimate or assessment for the Improvement by the public body.
83 (b) Radon Is a naturally occurring radioactive gas that when accumulated In a building In sufficient quantities may present health risks to per-
84 sons who are exposed to It over time. Levels of radon that exceed federal and state guldellnee have been found In buildings In Florida.
85 Additional Information regarding radon or radon testing may be obtalned from your County Public Health unit.
86 (c) Mold Is naturally oceurrlng and may cause health risks or damage to property. If Buyer Is concerned or desires addltlonal Information
87 regarding mold, Buyer shOUld contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida Energy-EffIciency Rating Information Broehure required by Section 553.996, F.S.
89 (e) If the Real Property Includes pre-1978 residential housing, then a lead-based paint rider Is mandatory.
90 (f) If Seller Is a "foreign person" as defined by the Foreign Investment In Real Properly Tex Act, the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS F1ECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TION/COMMUNITY DISCLOSURE.
93 (h) PROPER1Y TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERlY TAXES AS THE AMOUNT
94 OF PROPERlY TAXES THAT THE BUYER MAY BE OBUGATeD TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PROPERlY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERlY TAXES,
96 IF YOU HAVE AN'( QUESTIONS CONCERNING VALUATION, CONTACT THE COUN1Y PAOPER1Y APPRAISER'S OFFICE FOR INFORMATION.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98" XIII. HOME WARRANTY: Q Seller Q Buyer Q N/A wll pay for a home warranty plan Issued by
99. at a cost not to exceed $ . //?
100* XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (II) Buyer shaH half8 ~ days from Effective Date ("IMpflCtion PerIod") within
1 01 which to have auch Inspections of the Property performed as Buyer wll desire WId utilities .ervlce shall be made avall8b1e by the
102 Seifer during the Inspection Perlod; (b) Buyer shill I be ruponlllble for prompt payment for IlUCh inspections WId repair of damage
103 to and rutol'lJtlon of the Property IWUltlng from such Inspections WId this provision (b) shall ,urvlve termination of this Conttwct;
104 and (c) If Buyer determines, In Buyer's sole dl.cretlon, that the Property Is not acceptable to Buyer, Buyer may CMr;fII this Contract
1 05 by delivering facsImile or written notIce of such election to Sen.r prlor to the exp/l'lJtJon of the Inspection Period. If Buyer timely
106 cancela th" Contract, the deposlt(s) paid shall be Immediately I8tumed to Buyer; thereupon, Buyer and Seifer .hllll be ",...ed of
107 lIlI further obllgatlollll under thllJ Contract, except as prolf/ded In this P8I1If1I'IJph XlV. Unless Buyer exercise. the rlght to cancel
108 granted herein, Buyer accepts the Property In Its present physical condition, .ubject to any violation of flOvemmenml, building,
109 environment"" tmd satwty codes, restrictions or requIrements and .hall be rrNIpOnalble for any IIIId all repairs and Improvements
110 required by Buyer'8 lender.
111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applcsbfe AND are attached to and made pert of this Contract:
112* 0 CONDOMINIUM 0 VA/FHA Q HOMEOWNERS' ASSN. Q LEAO-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL UNE
113* 0 INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Alder Provisions 0 Addenda
114* Special Clause(s):
115-
116-
117-
118"
119*
120-
121*
122-
123.
124-
125-
126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standard.): Buyer and Seller aCknOWledge receipt of a copy
127 of "AS IS' Standards A through Z on the reverse sIde or attached, which are incorporated es pert of this Contract.
FARlBAR ASIS-2x Rev. 2IOS C 2008 Florida Assoolatfon of RE4LroRS" and The Rorlda Bar All ~ht8 RlIlI8IVed p. 2 of IS
'ZbS. .ott...... 1. lie_DI.d to II:a1rt... ......1.1''' "'2'J......, ...11t., .. .ta'i.14 . u.oci.t.., XaCl.J www.tr....ot.to.d..Ir:.crca.
~
128
129
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULI.Y UNDERSTOOD,
SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR.
131 Approval does not constitute an opinion that any of the terms and conditions In this Contract should be accepted by the partles in a
132 particular transaction. Terms and conditions should be negotiated based upon the respective Interests. objectives and bargaining
133 positions of alllnter8Sted persons,
134 AN ASTERISK(*) FOllOWING A LJr-JE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
;f-SEe -GthIJA~!:j t'k6-E X
135' A-'-It-e#€D ~ To
136 (BUYER) (DATE) (SELLER) (DATE)
137.
138 (BUYER) (DATE) (SELLER) (DATE)
139- Buyers' address for purposes of notice Sellers' address for purposes of notlee
140"
141- Phone Phone
142 BROKERS: The brokers (Includ~ng cooperating b~rokers if any) named below are the only broke~ entitled to compensation In connection with
143 this Contract: LA'.' '-.... ....J- H A A-AA /J.A ~ 1'- '" _..L- A", 4
144-Name: ~~ /Uj ~ ~~
145 'Cooperatlng Brokers. If any " Listing Broker
FARlBAR ASlS-2x Rev. 2/06 C 2008 Fbrlda Assocfatlon of Rt;AlTOFlS" and The Aor1d8 Bar Aft Rights R8SElMld Page 3 of 5 ~
TW. .oft...u 18 lie.....1I to lc...tu .....1.. - ..&'1,,*", -..It,- . lIuUdll . A...oht... %Bo.1 WWW.tI.Ul....._..Il.o_. __~
~"~"'--___'-Tl_ ...Wl
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of ,2009
Date Property acquisition approved by BCC: March 24,2009, Item 10F
AS TO PURCHASER:
DA TED:Jlpvi I '2-3 I 2.tXA
ATTEST: 7\j 2 () ,r,'n
DWIGHI't=': eR()CK;"~lerk
.... ,l
.~~~_t~.rk .t-
'f"d~o."."...; ,.' ·
. .~ t' J \, j ~ >.
BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, FLORI A
ASTO OWNER:
DATED: ~/~~/D~___
BY:
Witness (Signature)
Name:
(Print or Type)
Printed Name
Witness (Signature)
Title
Name:
(Print or Type)
ounty Attorney
146 MAS 1S"8TANDARDS FOR REAL InATE TRANSACTIONS
147 A. TITlE INSURANCE: The TltIe Commitment shall be Issued by a Rorlda licensed title Insurer agreeing to Issue Buyer, upon recording of the deed to Buyer,
148 an owners policy of title Insurance In the amount of the purchase price, Insuring Buyer's mlll'keteble title to the AeaI Property, subject only to mett8l1l contalned
149 In Paragreph VII and those to be discharged by Seller at or before Cloelng. Marketeble title shall be determined BOCOrdlng to applicable TItle Standards adopt-
150 ad by authority of The Rorlda Bar and In accordance wfth law, Buyer shan have 6 days from date of reoeMng the TItle Oommltment to examlne M, ancIlf title Is
151 found defective, notify Seller In writing specifying defecl(e) which render tltIe unmarketeble. Seller shall have 30 days from receipt of notice to remove the
152 defects, failing which Buyer shall, within 6 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a reason-
153 sble period not to BXceed 120 days within whloh Seller shall use diligent effort to remove the defectsj or (2) requesting a refund of dePOSIt(s) paid Which sha.
154 be returned to Buyer. If Buyer falls to so notlfy Seller, Buyer shall be deemed to have accepted the title as It then Is. Seller shall, W title Is found unmar1<etable,
155 use diligent effort to correct defec1(s) within the time provided. If, after diligent effort, Seller Is unable to timely correct the defects, Buyer shell afther waive the .
156 defects, or receive a refund of deposlt(a), thereby releasing Buyer and Saller from all further obilgatfons under this Contract. If Seller Is to provide the TItle
157 Commllment and Ills delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
15B to examlne same In accordance with this "AS IS' Standard.
159 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shell provide for e
160 30 day grace period In the event of defaun If e first mortgage and a 15 day grace period If a second or leeser mortgage; shall provide for rtght 01 prepayment
161 In whole or In part without penaltyj shall perm~ acceleretlon In event of fransf.. of the Real Property; shaI require all prior liens end encumbrerlCl!6 to be kept
162 In good standlngj shell forbid modlfIoatIons of, or Mure Bdvancee under, prior mortgage{s)j shall require Buyer to maintaIn poHclee of Insurence containing a
163 standard mortgagee clause covering an Improvements located on the Real Property against fire and all perils Included wfthh the term "extended coverege
164 endorsements" and such other risks and perils as Seller may reasonably require, In an amount equal to their highest Insurable value; end the mortgage, note
166 and securtty agreement shaN be otherwlee In form end content req\llred by Seller, but Sellar mey only requIre clauses and coverage customarNy found In mort-
168 gages, mortgage notes and security agreements generally Utilized by eavngs and losn lnatltutlons or state or national banks located In the county wherein the
167 Real Property Is located. All Personal Property and leases bang conveyed or assigned wi, at SeRer's option, be subject to the Den of a security agreement evI-
168 denced by recorded or filed financing statements or certlfloetes of title. If s balloon mortgage, the final payment will axceed the periodic payments thereon.
169 C. SURVEY: Buyer, at Buyer'! expense, wtthln time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and cartl-
170 fled by a registered Florlde surveyor. If the survey dIscloses encroachments on the Real Property or that Improvements located thereon encroach on satback
171 linea, easements, lands of others or violate any restrictions, Contract covenants or eppllcable governmental regulations, the same shall constnute a tnle defect.
172 D. WOOD DESTROYING ORGANISMS: DELETED
173 E. INGRESS AND EGRESS: Seller warrante and represents that there Is Ingress and egress to the Reel Property sufflclent for Ita Intended use as described
174 In Paregraph VJJ hereof and title to the Real Property Is Insurable In accordance with "AS IS" Standard A without exception for leck of legal rfghl of access.
175 F. LeASES: Seller shall et least 10 days before Closing, furnish to Buyer copies of all written leases and estoppel 1ett8l1l from each tenant specifying the natura
1 76 and duratIon of the tenant's occupancy. rental rates. advanced rent and security deposits paid by tenant. If Seller Is unable to obtaln such let1er from each ten-
177 ant, tha same Information shall be furnished by Seller to Buyer within that time period In the form of a Sener's affidavit, and Buyer may thereafter contact ten-
178 ant to confirm such information. If the terms of lhe leases differ materially from Seller's representations, Buyer may terminate thIs Contract by cleflveri1g written
179 notice to Seller at least 5 days prior to Closing, Seller shall, et Closing, deliver and aealgn an ortglnal leases to ~uyer.
180 G. UENS: Seller shall furnIsh to Buyer at time of Closing an lIffidavlt attesting to the absenca, unless othEIIWIee provided for herein, of any financing statement,
181 clBins of lien or potentla/llenors I<nown to Seier and further attesting that there have been no Improvements or repall1l to the Real Property for 90 days Imme-
182 dlately praoedlng date of CloSng. If the Real Property has been Improved or repaired withIn thet time, Seller shall deliver releaees or waivers of conlrtructlon
183 liens executed by aN ganeral COn1rectors. subcontractors, suppliers and matarialmen In addition to Seller's lien affidavit setting forth the nsmes of I!lll such gen-
184 eral contrectors, subcontractors, suppliers and materialmen, further afTIrmlng that all charges for Improvements or repairs ~Ich could serve as a basis for a
185 construction lien or e claim for damages heve been pafd or will be paJd at the Closing of this Contract,
186 H. PLACE OF CLOSING: Closing shall be held In the county wherein the Real Property Is Ioceted et the office of the attomay or other oloslng agent ("Closing
187 Agent") deslgneted by the party paying for title Insurance, or, If no title Insurance, designated by Seller.
1 BB I, TIME: Calendar days shan be used In computing time periods except periods of less than elx (6) days, In which event Saturdays, SI.r'Idllyl and state or natlon-
189 aJ Iegaf hoIdays shall be exCl/dad. My time perlods provtded for herein which shall end on a Saturday, SUnday, or a legal holday shall extend to 5:00 p.m. of the
190 next business clay, Time Ia of ttle eu.1Ce In this Contract.
191 J. CLOSING DOCUMENTS: Seier she. fumlsh the deed, bill of sale, certificate of tille, constrvcllon nen affidavit, ownsr's poesessfon allldavlt, assignments of Ieas-
192 as, tenant and mortgagee estoppel letters a'1d colT8Ctlve Instruments. Buyer shSl furnish mortgage, mortgage note, security ~ent end ftnanclng statementa.
193 K, EXPENSES: Documentary stamps on the deed and rtilCordlng of corrective Instruments shal be pald by Seller, AI costa of Buyer'a loan (whether obtaIned
194 from Seller or third party), including, but not Dmlted to, documentary atamps and Intanglbletex on the purchase money mortgage end any mortglge assumed,
195 mortgagee tllle Insurance commitment with related fees, end recordIng of purohase money matgage, deed and flnanclng statements shall be paid by Buyer.
196 Unless otherwise provided by law or rider to this Contract, charges for related eIosIng BelVJceS. tltla search, and closing fees Oncludlng preparation of closing
197 stetement), shal be peld by the party responsible for furnishing the title evidence in accordance wfth Paragreph V.
198 L. PRORATIONS; CREDITS: Taxes, assessments, rent, Interest, Insurance and other expenses of the Property shan be proreted through the day bllfore Closing,
199 Buyer shafJ have the option of taking over existing policies .of Insurance, If assumable, In wlich event premkrns sh81 be prorated. Cash at Closing shaU be
200 Increased or decressed as may be requied by proratfons to be mede through day prlor to Clealng, or occupancy, If occupancy occurs befml Closing. Advanca
201 rent and security deposits wiD be credited to Buyer. Escrow deposits held by mortgagee wilt be crectted to Seller. Texas shaW be Prorated based on the culT8nt
202 yaar's tax with due allowance made for maxlmum allowable discount, homestead and other BXemptlons. If CIoaIng OCCUrs at a date when the CUT8nt year's mlll-
203 age Is not fiXed and current yeer's assessment Is available, taxas win be prorated based upon such assessment and prior year's millage. If current year'sessess-
204 manila not available, then faxes will be prorated on prior year's tax. If ther:e ere complated Improvements on the Reel Property by Jar1U1IY 1 st of year of Closing,
205 which Improvements were not n exlstenoe on January 1 st of prior year, then taxes shaD be prorated based upon prior year's mlage a'1d at an equitable ess88S-
206 ment to be agreed upon between the parties; failing which. request shall be made to the County Property Appraiser for an Informal assessment taking Into
207 account available exemptions. A tax proration based on an estimate shall, at request of either perty, be readjusted Upon receipt of current ye8r's tex bit
208 M. (RESERVED. purposely left blanlQ
209 N. INSPECTION AND REPAIR: Dl!LnED
210 O. RISK OF LOSS: If, after the Effective Date, the Property Is damaged by tire or other casualty rCasualty Loss; before Closing and cost of restoration (which
211 shall Include the cost of pruning or removing dameged.trees) does not exceed 1.5% of the Pll'Chase PrIce, cost of restoration sheD be an obligation of Seller and
212 Closing shall proceed pursuant to the terms of this Contract, end If restoratlon la not completed as of ClosIng, restoration ccsta will be IlSCI'tlWed et Closing. If
213 the cost of restoration exceeds 1,5% of the Puro~ Price. Buyer shall either take the Property 8B Is, together wfth the 1.5% or receive a reMd of deposlt(a)
214 thereby releasing Buyer and SeIer from aN further obligations under thJs Conlracl. Seller's sole obligation with respect to tree damage by casualty or other natu-
215 ral OCCI.JrT8noe aheD be the cost of pruning or removal.
216 P. CLOSING PROCEDURE: The dead shall be recorded upon clearanoe of funds, If the t~le agent Insures adverse mattare pursuant to Section 627.7841,
217 F.8, , as amended, the escrow end closJng procedura required by this "AS IS" Standard shall be waived. Unleas waIved as set 10rth above the following
FARIBAR ASIS-2x Rev. 2/08 C 2008 FIorJda Association of ReALTORS" and The Aorlda Bar All RIghts Resarved Page 4 of 5 ~
nJ.. .on..,.. 11 UcoD..d to le.I'.., 11I:I..1.1' - A....4..1t b.1ty - 114,,14.14 a A.lDaiat." %Dc.) -...t......cU_..k.a.. ___oP"
218 "AS IS" STANDARDS FOR RIAL ESTATE TRANSACTIONS (CONTINUED)
219 closing procedures shel apply: (1) an closing proceeds shall be held In escrow by the Closing Agent fO/' a perlod of not more than 5 days after Closing; (2)
220 If Seller's thle Is rendered unmarketable, through no fault of Buyer, Buyer shall, within tha 5 day period, notify Seller In wrltfng of the defect and Seller shall
221 have 30 days from date of receipt of such notification to cure the defect; (3) If Seller falls to timely cure the defect, all deposits and closing func18 shall, upon
222 written demand by Buyer and within 5 days aftar damand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal
223 Property, vacate the Real Property and reconvey the Property to Seier by speo/al warranty deed and bill of sele; and (4) If Buyer 1a1ls to maka timely demand
224 for refund, Buyer shall take title as Is, waiving all rights against Seller es to any Intervening defect except as may be available to Buyer by virtue of war.
225 rantlee contained In the deed or bill of safe.
228 Q. ESCROW: Any Closing Agent or ascrow egent (collectively. Agent") rBOelving funds or equivalent Is authorized and agrees by lICC8p1anoe of them to deposit
227 them promptly, hold same In escrow and, subject to clearance, diSburse them In accordance with terms and conditIons of this Contract. FBlII.re of funds to
228 clear shall not excuse Buyer's performance. If In doubt as to I>Qent's duties or lIabl.ties under the provisions of this Contract, Agent may, at I>Qent's option, con.
229 tJnue to hold the subject metter of the escrow untl the parties hereto egree to Its cisbureement 0/' untl a judgment of a court of competent Jurisdiction shall
230 determine the rights of the partlas, or Agent may deposit Same with the elerk of the circuit court hevlng jUrlsdlction of the dispute. M attorney who represents
231 a party and also acts as Agent may represent suoh party In such action. Upon notifying all pertles concemed of such action, an Nablllty on the part of Agent
232 shall fUlly terminate, except to the extent of accounting for any lIems prevlousty delivered out of escrow. If a licensed real estate broker, Agent will comply with
233 proviSions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein fl.gant Is made a party because of actfng as Agent hereunder; or In
234 any suit wherein Agentlnterpleads the subject matter of the escrow, Agent ah8ll recover reasonable attomay's fees llnd costs Incurred with these amounts to
235 be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs In favor of the prevailing party. The Agent shall not be lable
238 to any party or person for mlsdelvlllY to Buyer or Seller d Items subject to the esorow, unless such misdelivery Is due to wUlfut breaoh of the provisions of this
237 Contract or groes negligence of Agent.
2S8 R. ATTORNEY'S FEES; COSTS: In llny litigation, Including breach, enforcement or Interpretation, srtSIng out of this Contract, the prevaUing party In such 1It1-
239 gatlon, which, for plXpOses of this "AS IS' Standard, shall Include Seller, Buyer and any brokers lIctlng In agency or nonagency relatIonships authorized by
240 Ohapter 475, F.S., as amended, shall be entitled to recover tom the non-prevailing party reeaonable attO/'ney~ fees, costs and expenses.
241 S. FAILURE OF PERFORMANCE: If Buyer falls to perform this Contrect within the time specllied, Including payment of alt deposits, the deposlt{s) paid by
242 Buyer end deposlt(s) agreed to be paid, may be recovered and retaJned by end for the account of Seller as agreed upon liquidated damages, consideration for
243 the execution of this Contract and In full settlement of any claims; whereupon, Buyer and SeUar shaI be relieved of al obllgetlone under this Contraot; or Seier,
244 at Sellers optIon, may proceed In equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title mar-
245 ketable after diligent effort, Seller falls, neglects or refuses to perform this Contrsot, Buyer may seek specific performance or elect to recelllS the retum of Buyer's
248 deposll(s) without thereby waiving any action for damages resulting from Sellers breach,
247 T. CONTRACT NOT RECORDABle; PERSONS BOUNDj NOTICE; COPIES: Neither this Contract nO/' any notice d II shall be rec:orded In any public records.
248 This Contract ahall bind and Inure to the benefit of the parties and their successors In Interest. Whenever the context permits, singular shalllnolude plural and
248 one gender ahalllnclude all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective sa If given by 0/' to that party.
250 All notfoea must be In writing and may be made by mall, personal delivery or electronic media. A legible facsimile or electronic 6ncludlng 'pctl") copy of this
251 Contract and any signatures hereon shall be consk:lered for II purposes as an original.
252 U. CONVEYANCE: Seller shall convey lTl8I1<8table title to the Real Property by atatutory warranty, trustee's, personal representatlve's, or guardian'll deed, as
253 appropriate to the status of Seller, subject only to matters contBlned In Paragraph VII and those othelWise accepted by Buyer. Personal Property shall, at the
254 request of Buyer; be tran8fsmld by an absolute bill 01 sale with warranty of tille, subject only to sUClh matters u may be o!herwtee provtded for hereh
255 V. OTHER AGREEMENTS: No prior or pnlllent agreements or representations shall be binding upon Buyer or Seller unless included In this Contract. No mod-
256 lfication to or change In this Contract shall be valid or binding upon the parties unlus In writing and executed by the parties Intended to be bound by ~.
257 W. SELLER DISClOSURE: (1) There are no facts known to Seller materially affecting the YlIIue of the Property whlch are not readily observeble by Buyer or
258 which have not been disclosed to Buyer; (2) Seller eJttend.lI/'Jd Intends no wanwnty end makN no representation of MY type, IIIther e.lrprllU or Implied,
259 .. to the physical condmon or hIatory of the Property; (3) Seliei' hu rece/wid no WI'iften or INtMI notice I'i'om lIIJy (1OVf"","enr.i entity or IIfI8tlCY ..
260 to. cumtntfy IJllCOf'I8Cted building, envlronmentlll or Nfety code vloMtlon; (4) Stiller hu no knowledrle of eny reptJl" or Improvemlfltll mtIde to /he
261 Property without compll8llCe with (1OlffImm8tIteI regul.tIon which h.1I8 not been dllC/o.ed to Buyer.
262 X. PROPERTY MAINTENANCE; PROPERTY ACCESSi ASSIGNMENT OF CONTRACTS AND WARRANTIES: SaDer shall malnteln the Propsrty, including,
263 but not Imlted to lawn, shrubbery, and pool In the condition exlatfng sa of EffectjllS Date, Ordlnilry wear and tear end Casualty Loss excepted. Seller shall, upon
264 reasoneble notice, provide utilities seMee and access to the Property fO/' appralse/ and Inspections, Including 8 walk-through prior to Closing, to confirm that
265 all Items of Personal Property era on the Reel Property and that the Property has been malntalned as requIred by this "AS IS. Standard. Seller will 888Ign all
286 assignable repair and treetment contrects and warranties to Buyer et Closing.
267 Y.1031 EXCHANGE: If either Seller or Buyer wish to enter Into a like-kind exchange (either simultaneous with Closing or deferred) with nlllpect to the Property
268 under Section 1031 of the Internal Revenue Code ('Exchange.), the other party shall cooperate In aU reasonable nlllpsc1s to effectuate the exchange, Includ-
269 Ing the execution of documents; provided (1) the cooperating party shall Incur no IIBbl1ty or expanse related to the Exchange and (2) the Ooslng shall not be
270 contingent upon, nor eXtended or delayed by, such Exchange.
271 Z. BUYER WANER OF CLAIMS: Buyer WlIIves .ny chi/me agalnat Seller 8I1d, to the extent permitted by law, ag.t any reel estate I/cenleeinvolved
272 In the negotiation of the Contract, for MY defects or other dem.ge 1hat may e1dBt .t Closing of the ContnIct Md be subsequently dl6colffllfJd by the
273 Buyer or anyone claiming by, through, und<<' or ag./".t the Buyer.
FAR/BAA ASIS.2x Rev. 2108 C 2008 Florida Association of REALTORs- snd The Ronde Bar AU RIghts Resel'l/ed Page S of 6 ........a.
:riot. .oft_~. i. Un...... to ICnt.,. lIII.dn - Aa.I'I.....t ...It)' . 111.U.1. I "....d.t.., %Dc.1 -.t~.......Uo....k.a_. __......
DISCLOSURE REGARDING FDIC INlMlANCE COVERAGE OF DEPOSIT FUNDS 1ir
The Federal Deposit Insurance Corporation (FDIC) is an independent agency of the United States
government that protects depositors against the loss of their deposit funds if an FDIC-Insured bank or
savings association falls,
Deposit funds in checking and savings accounts, money market deposit accounts and certificates of
deposit (CDs) are FDIC insured. Funds Invested in stocks, bonds, mutual fund shares, annuities,
municipal securities and life insurance policies are not FDIC-Insured, even if purchased from an
FDrC-insured bank or savings association.
On October 3, 2008, Congress temporarily increased FDIC deposit Insurance coverage from
$100,000.00 to $250,000.00 per depositor, per FDIC-Insured bank or savings association; i.e., all
deposits owned by and titled in one person or entity at a particular FDIC-insured bank or savings
association are combined, and the total deposit funds at that bank or savings association are Insured
up to $250,000.00, The $250,000,00 Umlt is subject to change after December 31,2009.
Deposit funds tendered by a BuyerlTenant and held in an attorney, title company or Broker escrow
account rDeposlt Funds.) are for Insurability purposes deemed to be held directly in an account
owned by and titled in the BuyerlTenant, and are combined with any and all other BuyerlTenant
deposit accounts held by the Institution holding the Deposit Funds. Therefore, if BuyerlTenlnt holds
any other deposlts with the Institution holding the Deposit Funds, BuyerlTenant is urged to
immediately contact that institution to confirm that all BuyerlTenant funds, Including the Deposit
Funds, are fully FDIC insured.
BuyerslTenants and Sellers/Landlords are strongly encouraged to obtain the name of the bank or
savings association where the Deposit Funds have been or Wilf be deposited, verify that Slid
institution Is FDIC Insured, and verify thlt the Deposit Funds as well as III other BuyerITenant funds
are being held and titled in a manner that affords complete FDIC coverage should thlt Institution fall.
The real estate attorney, title company or Broker holding the Deposit Funds shall have no obligation
to BuyerlTenant or Seller/Landlord to determine whether BuyerlTenant deposit funds are fully FDIC
protected and insured.
BuyerslTenants and Sellers/Landlords wishing to learn more about FDIC Insurance coverage are
encouraged to visit the FDrC websJte It www.myfdicinsurance.gov or www.fdic.gov, or call the FDIC
at 1-877-ASK-FDIC (275-3342) for additional Informltion. Suyersrrenants may calculate insurlnce
coverage using the FDIC on-lIne Electronic Deposit rnsurance Estimator at www2.fdic.gov/edie.
Receipt of this Disclosure Is acknowledged below.
(Date)
X
(Buyer'sfTenanfa Slgnatuf8)
(SeIler'8Ilandlord's S1gn8ture)
(On)
(Seller'8Ilandlord'. Slgnatul'8)
(Date)
(Buyer'lIl"enanr. Slgnatuf8)
(D8te)
aooe NlIpIes Aru Bolli'll of REAl TORSe IIld AIIocIetIon of RIlII EaIiIIIt PnlreISlonlllll. Inc. All Righta ReuMld. (NABOR 10f11S120011)
-"".~ .. WI WI . 1llII."1 ~ ~ 1_ .. _
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSUL T LEGAL, TAX, OR OTHER PROFESSIONAL COUNSEL BEFORE SIGNING.
Counterproposal to Purchase and Sale Agreement
This Counterproposal to Purchase and Sale Agreement ("Counterproposal") amends, modifies, revises, and is incorporated for all
purposes into the proposed purchase and sale agreement or contract (together with any attachments or addenda thereto, "Contract")
dated 04/20/09 between Saxon Mortgage Services Inc. ("Seller") and Collier County ("Buyer")
relating to the sale and purchase of the following described real property ("Transaction") located in COLLIER County,
FL , otherwise know as 2540 50TH AVENUE NE NAPLES FL 34120 (together with any
improvements thereon. "Property").
Seller and Buyer agree as follows:
· PRICE: The "Purchase Price" shall be $ 69900 . "Earnest Money" in the amount of $ 1000 is due
upon Buyer's acceptance of this Counterproposal and is to be held by . Earnest Money shall
be in a fonn acceptable to Seller, including certified funds, cashiers and tellers checks, and money orders; cash is
unacceptable. NOTWITHST ANDlNG CUSTOMARY PRACTICES OR ANY PROVISION OF THE
CONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL
OR REQUIRED BY APPLICABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE. In the
event the Contract or this Counterproposal provides for the release of the Earnest Money to Seller, execution of this
Counterproposal by Buyer will serve as a written release, and the only release necessary. for the escrow company or
closing agent to immediately release the Earnest Money as sllch to Seller.
. SELLER CONCESSIONS:
Closing Costs (not to exceed):
Seller-paid Repairs (see below):
Lender Required Repairs:
Homeowners Warranty Amount:
Other
$ 0
$
$
$
$
If Seller has agreed to pay for the cost of any repairs ("Seller-paid Repairs"), Seller shall cause such Seller-paid repairs
to be made by contractors designated and approved by Seller prior to the time the Transaction is closed ("Closing"). In
the event Closing does not occur, Buyer will be responsible for any costs Buyer has incurred in connection with this
Contract. Closing costs paid by Seller will be paid at Closing and must be based on actual, specified closing costs.
At Closing,
any
Seller
shall
pay
for
the
following
treatments
and
repairs,
if
· CLOSING: The Closing shall be on or before 06122009 ( "Closing Date"), The "Closing Agent" will be
or Buyer's title insurance provider indicated in paragraph 16 below
TIME IS OF THE ESSENCE IN THIS CONTRACT.
IN THE EVENT ANY PROVISION OF THIS COUNTERPROPOSAL CONFLICT IN WHOLE OR IN PART WITH THE
TERMS OF THE CONTRACT, THE PROVISIONS OF THIS COUNTERPROPOSAL WILL CONTROL EXCEPT TO
THE EXTENT SUCH PROVISIONS OF THIS COUNTERPROPOSAL ARE CONTRARY TO ANY APPLICABLE LAWS,
RULES, OR REGULATIONS ("APPLICABLE LAW"), IN WHICH CASE THE CONTRACT SHALL GOVERN ONLY
TO THE LIMITED EXTENT NECESSARY FOR COMPLIANCE WITH ANY SUCH APPLICABLE LAW.
Buyer's Initials
Buyer's Initials
Seller's Initials
Page I of 10
Counterproposal to Purchase and Sale Agreement 06130/08
The terms and conditions of the Contract are further amended, modified, and revised by this Counterproposal as follows:
l. Deed. Seller shall furnish to Buyer at Closing, either a special warranty deed, a quitclaim deed, or such other deed ("Deed")
necessary to convey insurable title to the Property, subject to the terms of the Contract and this Counterproposal. If more than one
form of Deed will suffice for conveying insurable title, Seller in its sole discretion may elect the form to use to convey the Property to
Buyer.
Buyer's Initials
2. Consideration of OtTers. Buyer acknowledges that Seller may have received offers prior to or may receive offers after receipt of
Buyer's current offer evidenced by the Contract. Buyer acknowledges that Seller may consider all offers to purchase the Property,
regardless of the date of receipt, and that Seller may accept or reject any offer in Seller's sole discretion. Seller's agreement to sell the
Property to Buyer is evidenced solely by Seller's signature of this Counterproposal and no prior oral discussions or representations of
any kind by Seller, or its agents or representatives, shall be binding upon Seller unless set forth in this Counterproposal
3. Special Conditions. Buyer acknowledges that Seller obtained the Property by foreclosure or a deed in lieu of foreclosure. The
Contract and this Counterproposal may be subject to the following: (a) approval by a private mortgage insurer; (b) repurchase of the
Property by the prior mortgage servicer or insurer; or (c) the ability of Seller to convey insurable title as required by the Contract and
this Counterproposal. In the event that any of these conditions apply, Seller in its sole discretion may terminate the Contract and this
Counterproposal and promptly refund the Earnest Money to Buyer as Buyer's sole and exclusive remedy. Upon such termination,
Seller shall have no further obligation to Buyer whatsoever.
Neither Seller nor any of its agents or representatives have occupied the Property and neither warrants or represents that the Property
or any alterations or additions which may have been made to the Property conform to Applicable Law.
Buyer hereby acknowledges that Seller shall not be providing Buyer with a Real Estate Transfer Disclosure Statement and/or a
certificate of occupancy with respect to the Property. Buyer, to the extent permissible under Applicable Law, hereby waives any
requirement that Seller furnish Buyer with any such disclosure statement and/or a certificate of occupancy and hereby releases Seller,
and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives from any and all liability
resulting from the non-delivery of such disclosure statement and/or certificate of occupancy.
Buyer's Initials
MOLD, MILDEW SPORES, AND OTHER MICROSCOPIC ORGANISMS AND ALLERGENS (COLLECTIVELY,
"MOLD") ARE ENVIRONMENTAL CONDITIONS THAT ARE COMMON IN RESIDENTIAL PROPERTIES AND MAY
AFFECT THE PROPERTY. MOLD, IN SOME FORMS, HAS BEEN REPORTED TO BE TOXIC AND TO CAUSE
SERIOUS PHYSICAL INJURIES, INCLUDING, BUT NOT LIMITED TO, ALLERGIC AND RESPIRATORY
REACTIONS OR OTHER PROBLEMS, PARTICULARLY IN PERSONS WITH IMMUNE SYSTEM PROBLEMS,
YOUNG CHILDREN, AND ELDERLY PERSONS. MOLD ALSO HAS BEEN REPORTED TO CAUSE EXTENSIVE
DAMAGE TO PERSONAL AND REAL PROPERTY. MOLD MAY HAVE BEEN REMOVED OR COVERED IN THE
COURSE OF CLEANING, REPAIRING, OR REMEDlATING THE PROPERTY. IF SELLER, OR ANY OF ITS AGENTS
OR REPRESENTATIVES, CLEANED OR REPAIRED THE PROPERTY OR REMEDlATED MOLD
CONTAMINATION, SELLER DOES NOT IN ANY WAY WARRANT ANY SUCH CLEANING, REPAIR WORK, OR
REMEDIATION. BUYER WILL TAKE TITLE TO THE PROPERTY "AS-IS," SUBJECT TO THE PROPERTY
CONDITIONS THAT EXIST AS OF THE CLOSING DATE. BUYER IS FULLY RESPONSIBILITY FOR ALL HAZARDS
THAT MAY RESULT FROM THE PRESENCE OF MOLD IN OR AROUND THE PROPERTY. BUYER IS SATISFIED
WITH THE CONDITION OF THE PROPERTY NOTWITHSTANDING THE PAST OR PRESENT EXISTENCE OF
MOLD IN OR AROUND THE PROPERTY, AND BUYER HAS NOT IN ANY WAY, RELIED UPON ANY
REPRESENTATIONS OF SELLER, OR ITS SUCCESSORS, ASSIGNS, AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, OWNERS, AGENTS, AND REPRESENTATIVES CONCERNING THE PAST OR PRESENT EXISTENCE
OF MOLD IN OR AROUND THE PROPERTY,
Buyer's Initials
Buyer's Initials
Seller's Initials
Page 2 of 10
Counterproposal to Purchase and Sale Agreement 06/30/08
4. Personal Property. Items of personal property located on the Property are not to be considered as part of the Property and are not
included in the Contract or this Counterproposal. Seller makes no representation or warranty as to the condition of, title to, or
encumbrance of any such personal property. Seller shall have no liability for any claim or losses Buyer or Buyer's successors or
assigns may incur as a result of any condition or defect that may now or hereafter exist with respect to such personal property. No bill
of sale will be provided at Closing; provided, however, Seller shall provide the minimum documentation necessary to transfer
any mobile or manufactured home located on the Property.
Buyer's Initials
5. Occupied Property. In the event the Property is occupied by one or more tenants, Seller makes no representations regarding: (a)
the existence of a written lease agreement; (b) the term of such tenancy; ( c) whether rent payments are current; (d) the amount 0 f rent
that should be paid; or (e) compliance with rent control, registration, or other Applicable Laws. In addition, Seller does not hold any
security deposits for any tenant and Buyer is solely responsibile to any tenant for the return of any security deposits and any interest
thereon.
6. "AS IS" Condition. Seller conveys and Buyer accepts the Property in "AS IS, WHERE IS" condition at the time of Closing,
including any known or hidden defects. Neither Seller nor any person acting as its agent or representative is making any
warranties or representations, either express or implied, as to the condition of the Property. Buyer hereby releases and agrees
to hold harmless Seller and and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and
representatives from any and all claims or liability with respect to the condition of the Property.
Seller, most specifically, makes no warranty or representation as to whether any utility service, including water, sewer, electricity,
gas, and other such service ("Utilities"), serving the Property are public or private.
Buyer's Initials
7. Buver's Rieht to Inspect. Buyer acknowledges Buyer's opportunity to inspect and investigate the Property, either independently
or through agents of Buyer's selection. Any such inspection shall be made at Buyer's own expense and shall be completed within ten
(10) days from the execution of this Counterproposal by Seller. Buyer shall rely solely on Buyer's inspection and review to evaluate
the condition of the Property. Buyer further acknowledges and agrees that Buyer is not relying on any statements or representations
made by Seller or Seller's agents or representatives (including, but not limited to, intormation disclosed on the MLS) as to the
condition of the Property, including, but not limited to, the condition, structural soundness, and working order of: heating/air
conditioning systems; sewage; roof; foundations; soils; septic systems; plumbing; lot size; suitability of the Property for particular
purposes; appliances; Utilities; and any improvements to the Property. Buyer further acknowledges and agrees that Buyer is not
relying on any statements or representations made by Seller or Seller's agents or representatives regarding whether the Property is in
compliance with Applicable Law. Buyer acknowledges that Buyer is responsible for obtaining any inspection reports as to: (a) the
condition of the Property and any appliances, structural components, heating/air conditioning systems, sewage, roof, foundations,
soils, septic systems, plumbing, and Utilities; (b) suitability for use of the Property; (c) the presence of any toxic or hazardous
substances on the Property, including, but not limited to, radon, asbestos, lead paint, or Mold; (d) any other factors that would render
the Property uninhabitable or dangerous to the health of the occupants; (e) whether the Property is in compliance with Applicable
Law; and (t) any other factors regarding the Property about which Buyer may be concerned. Buyer's failure to inspect the Property
shall not alter or impair the understanding and agreement between Seller and Buyer as set forth in the Contract and this
Counterproposal. No inspections may be made by any building or zoning inspector or government employee without the prior written
consent of Seller.
Buyer's Initials
Seller's Initials
Page30fJO
Counterproposal to Purchase and Sale Agreement 06/30108
If the Property has been winterized and Buyer wishes to de-winterize the Property for the purposes of Buyer's inspections, Buyer must
notify the listing agent identified below ("Listing Agent"). Only the Listing Agent may arrange for such de-winterization, which will
be conducted at Buyer's sole cost. Under no circumstance shall Buyer de-winterize the Property.
Buyer's Initials
Buyer shall indemnify and fully protect, defend, and hold Seller, and its successors, assigns, affiliates, directors, officers, employees,
owners, agents, and representatives, harmless from and against any and all claims, liens, loss, damages, and costs and expenses of every
kind and nature (including, but not limited, to attorneys' fees and court costs) that may be sustained by or made against Seller or its
successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives, or any damage to the Property or to
any adjoining property, or any injury to Buyer or any other persons that may result or arise out of inspections made by Buyer or its
agents prior to Closing.
8. Hazardous Substances. Buyer assumes all risk of loss, damage, or injury that may arise as a result of or that in any way may be
connected with the presence in, on, or about the Property of radon gas, asbestos, mold, or any other toxic or hazardous substance, as
defined by Applicable Law and commonly understood (collectively, "Hazardous Substances"). Buyer, on behalfofBuyer and Buyer's
successors and assigns, fully and forever releases, indemnifies, and discharges Seller and its affiliates and their respective successors,
assigns, directors, officers, employees, owners, agents, contractors, and representatives (collectively, "Seller Indemnified Parties"), and
holds Seller Indemnified Parties harmless from and against any and all claims, damages, liabilities, losses, demands, private or
governmental causes of action, expenses, or costs (including without limitation court costs, attorneys' fees, costs of governmental
investigation, or costs of environmental remediation), Buyer or Buyer's successors and assigns may suffer or incur as a result of the
presence of Hazardous Substances in, on, or about the Property, whether now or hereafter known. This provision shall survive delivery
of the Deed and the Closing Date.
9. Risk of Loss. Prior to Closing, Seller shall maintain the Property in materially the same condition as of the date of Seller's
execution of this Counterproposal, except for ordinary wear and tear. If prior to Closing the Property is damaged, Seller may make
repairs to restore the Property to the same condition as of the date of Seller's execution of this Counterproposal. If Seller, in its sole
discretion, elects not to repair the Property, Buyer may: (a) accept the Property in its damaged condition; (b) re-negotiate the Purchase
Price; or (c) terminate the Contract and this Counterproposal, in which case the Eamest Money will be returned to Buyer as Buyer's
sole and exclusive remedy.
UNDER NO CIRCUMSTANCES SHALL ANY INSURANCE PROCEEDS PAID TO SELLER WITH REGARD TO ANY
DAMAGE TO THE PROPERTY THAT OCCURS PRIOR TO CLOSING BE ASSIGNED OR PAY ABLE TO BUYER.
Upon Closing, Seller shall be relieved of all responsibility and liability for maintaining hazard or flood insurance on the Property. All
such insurance policies shall be terminated by Seller immediately upon Closing, and Buyer will be responsible for obtaining any such
insurance as well as any title insurance required by Buyer's lender prior to Closing.
10. Purchase Price (Initial applicable sections; non-applicable sections should be marked "N/A").
EI _ A. CASH: The Purchase Price will be paid in the form of cash Verification of funds required to close shall
be provided to Seller by Buyer upon delivery of a fully executed copy of this Counterproposal. If the Closing does not take place
on the Closing Date due to Buyer's failure to provide cash at the Closing or due to any other related reasons, including, but not
limited to, Buyer's decision to obtain lender financing, both Buyer and Seller agree that the Earnest Money shall be immediately
released to Seller as liquidated damages as provided in paragraph 19 below.
D B. LENDER FINANCING: Buyer may obtain financing from the lender of Buyer's choice. Within
seventy-two (72) hours of execution of this Counterproposal by Buyer, Buyer will either apply for financing or provide evidence
satifactory to Seller that a lender has pre-approved Buyer for financing. Proof oflender's unconditional commitment to lend must
Buyer's Initials
Seller's Initials
Page 4 of 10
Counterproposal to Purchase and Sale Agreement 06/30/08
be provided to Seller with days of execution of this Counterproposal. Except as otherwise provided in this
Counterproposal and to the extent not restricted due to financing insured by a governmental agency, Buyer shall pay for any and
all costs associated with the loan application process, including, but not limited, to any application fee, appraisal fee, and credit
report fee.
11. Survey and Other Costs. Buyer will be solely responsible for obtaining, at Buyer's expense, a survey acceptable to the title
company or closing agent and any lender. In the event Seller is required to provide extended survey coverage, as may be nonnal and
customary, Seller will not be required to do so if such a required survey has not been so obtained by Buyer.
Buyer shall be responsible for paying all other costs and expenses (including, but limited to, the fees of Buyer's attorney) associated
with the Closing and not specifically required to be paid by Seller by this Counter Proposal.
12. Settlement/Closine:. The Closing shall be conducted in the office of the Closing Agent or at a place designated and approved by
Seller. However, Buyer may choose to purchase title insurance from a different title insurance provider ("Buyer's title insurance
provider") at Buyer's sole expense, as provided in pargraph 15 below. Closing shall occur on or before the Closing Date and the
Buyer shall make every effort to meet this deadline. Should the Closing extend beyond the Closing Date through no fault of ~
Seller, Seller shall be entitled to a $ 150 fee for each day the Closing is so extended. Any agreement by Seller to I'
extend the Closing Date must be in writing. Notwithstanding the foregoing, if the Closing does not take place on the Closing
Date due to any failure of Buyer, Seller retains the right to terminate the Contract and this Counterproposal and pursue the
remedies contained in the Contract and this Counterproposal. The Transaction may not close in escrow without the prior written
consent of Seller.
13. Nee:ative Sale Proceeds. If unforeseen judgments, liens, assessments, HOA Assessments, or other such encumbrances result in
negative sales proceeds to Seller, Seller reserves the right to tenninate the Contract and this Counterproposal and return the Earnest
Money to Buyer as Buyer's sole and exclusive remedy.
14. Prorations at Closinl!. All taxes; condominium, planned unit development, or similar community homeowners' association dues
and assessments ("HOA assessements"); and Utilities charges shall be prorated to the Closing.
Tax prorations shall be based on one hundred percent (100%) of the last available tax bill or upon the local tax assessor's latest
valuation of the Property and the current tax rate. Any special assessments that constitute a lien on the Property as of the Closing Date
and are payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be
paid by Buyer. In no event shall Seller be responsible for the payment of any unlevied assessment pending as of the actual date of
Closing.
HOA assessments shall be based on the assessment rate in effect as of the actual date of Closing. Any special assessments levied and
payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be paid by
Buyer. In no event shall Seller be responsible for the payment of any unlevied assessment pending as of the actual date of Closing.
SELLER WILL NOT BE RESPONSIBLE FOR ANY ADJUSTMENT OF SETTLEMENT CHARGES, INCLUDING, BUT
NOT LIMITED TO, TAXES OR HOA ASSESSMENTS AFTER CLOSING.
15. Lender-Reauired ReDairs. Should any lender, insuring entity, or governmental agency require that certain repairs be made to
the Property or that certain other conditions be met, Seller, in its sole discretion, may comply with such requirements or tenninate the
Contract and this Counterproposal. Further, should any FHA Conditional Commitment or V A Certificate of Reasonable Value vary
from the Purchase Price, Seller, in its sole discretion, may tenninate the Contract and this Counterproposal. If Seller elects not to
tenninate the Contract and this Counterproposal pursuant to this paragraph, Seller's responsibility for any repairs required by Buyer
as a result of inspection by Buyer, by a lender,or as a condition set forth in an FHA Conditional Commitment or VA Certificate of
Reasonable Value shall not exceed $ , inclusive oftennite repairs ("Repair Limit Amount"). and Buyer shall be solely
Buyer's Initials
Seller's Initials
Page 5 of 10
Counterproposal to Purchase and Sale Agreement 06/30/08
^^___ ...,.'.T'..._....."_" .....,......"""'_......__...,_
responsible for any amounts exceeding the Repair Limit Amount without any reduction in the Purchase Price. If Seller elects to
tenninate the Contract and this Counterproposal, Seller will return the Earnest Money to Buyer as Buyer's sole and exclusive remedy
Buyer's Initials
16. Condition and Convevance of Title. Seller shall deliver insurable title and pay for Buyer's owner's policy of title insurance
from the title insurance provider chosen by Seller and indicated below. However, Buyer may choose to purchase title insurance
from Buyer's title insurance provider, indicated below, at Buyer's sole expense. In the event Buyer chooses to obtain an owner's
policy and/or title exam from the title insurance provider of Buyer's choice, Buyer shall order the same within three (3) days of Seller's
execution of this Counterproposal; if Buyer fails to do so, all objections to title shall be deemed waived Seller shall not be
responsible for any "gap" title insurance coverage and will not in any event provide an affidavit of title or other similar documents in
which Seller is requested to make representations or warranties with respect to title to the Property.
If Seller is unable to provide insurable title, convey the Property, or to deliver possession of the Property as provided in the Contract
and this Counterproposal, or if at the time of the delivery of the Deed does not confonn with the provisions of the Contract and this
Counterproposal, Seller shall bear any nominal expense and use reasonable efforts to remove any defects in title or to conveyor deliver
the Property as so provided, but is under no obligation to use extraordinary measures or to bring any actions or proceedings in order to
do so. If Seller is unable to so remove any defects in title or to conveyor deliver the Property as so provided within ten (10) days after
Closing, (a) the Contract and this Counterproposal shall tenninate and Seller will return the Earnest Money to Buyer as Buyer's sole
and exclusive remedy, or (b) Buyer may, by written notice on or before the Closing, waive any objections to Seller's inability to so
remove any defects in title or to conveyor deliver the Property as so provided. For purposes of this paragraph Seller shall be
deemed to be able to convey insurable title to Buyer if a reputable title insurance company will underwrite a title insurance
policy insuring that title to the Property will vest in Buyer as of the Closing.
Seller Buyer to provide title insurance
Seller's title insurance provider:
Phone:
Fax
Buyer's title insurance provider:
Phone:
Fax
Buyer's Initials
17. OccuDancv of the ProDertv. Under no circumstances will Buyer be allowed to occupy the Property prior to Closing. In the
event Buyer violates this prohibition, Seller will avail itself of all legal remedies. In the event Buyer alters or occupies, or permits any
other person to alter or occupy, the Property prior to Closing, Buyer shall be in material default under the Contract and this
Counterproposal, in which case Buyer shall forfeit the Earnest Money and any rights to the Property, however altered. Any access to
the Property prior to Closing is prohibited unless accompanied by Seller or Seller's agent or unless otherwise agreed to in writing by
Seller.
18. Taxes.
A. Seller's Right to Contest Taxes. Seller shall have the unrestricted right to contest the amount of or obligation to pay any
ad valorem real or personal property taxes, real or personal property assessments, or HOA Assessements (collectively,
"Contested Taxes"), for any period for which any Contested Taxes are assessed or levied (a "Tax Period") that includes or
precedes the actual date of the Closing (the "Closing Tax Period"). Seller may contest the Contested Taxes by any judicial, ~
administrative, or other process that Seller chooses in its sole discretion. If requested by Seller, Buyer shall join in any ('
proceeding to contest the Contested Taxes to the extent necessary to permit Seller to exercise its rights under the Contract
and this Counterproposal. Seller shall have no duty to contest the Contested Taxes and may dismiss, settle, or otherwise
resolve any matter relating to Contested Taxes in whatever manner or under any tenns Seller elects in it sole discretion.
Buyer's Initials
Seller's Initials
Page 6 of 10
Counterproposal to Purchase and Sale Agreement 06/30/08
B. Entitlement to Refund. Any refund of Contested Taxes for the Closing Tax Period or any prior Tax Period shall be paid
to Seller, and Buyer hereby irrevocably assigns to Seller any right, title or interest it may have in any refund of Contested
Taxes for all such Tax Periods. If requested by Seller, Buyer shall execute whatever endorsements or other documents that
may be necessary to accomplish the refund of such Contested Taxes to Seller. Provided, however, notwithstanding anything
in the Contract or this Counterprosal to the contrary, Seller shall not be entitled to any refund of Contested Taxes that is
attributable solely to any change in land usage or o\ffiership ofthe Property occurring on or after Closing, all of which shall
be paid by Buyer.
19. Default. In the event Buyer defaults in the performance of the Contract or this Counterproposal, the Earnest Money shall
be paid to Seller as liquidated damages for, among other things, the additional cost of carrying the Property and lost
marketing time, both of which Buyer and Seller acknowledge and agree are difficult to calculate. Said liquidated damages shall
not be construed or deemed to constitute a penalty and the right given to Seller to retain the Earnest Money shall not constitute Seller's
sole and exclusive remedy. In the event item A in paragraph 10 above is initialed, Seller is materially relying upon the representation
in said paragraph lOA above to the effect that Buyer will be purchasing the Property as an all-cash transaction without third party
financing. Buyer subsequent election to purchase the Property with third-party financing rather than on an all-cash basis as indicated
above shall constitute a material default under this paragraph
IN THE EVENT SELLER DEFAULTS IN THE PERFORMANCE OF THE CONTRACT AND THIS
COUNTERPROPOSAL, BUYER SHALL BE ENTITLED TO A RETURN OF THE EARNEST MONEY AS BUYER'S
SOLE AND EXCLUSIVE REMEDY.
Buyer's Initials
20. Installation of New Locks and Transfer of Utilities. Buyer shall be responsible for the installation of new locks and the transfer
of all Utilities on the Property immediately after the Closing, and Buyer shall hold hannless and indemnifY Seller and its successors,
assigns, affiliates, directors, officers, employees, O\ffiers, agents, and representatives from and against any and all damages, claims,
liens, losses liabilities, costs, injuries, attorney fees and expenses of every kind and nature that may be made against Seller and its
successors, assigns, affiliates, directors, officers, employees, O\ffiers, agents, and representatives as a result of Buyer's failure to install
new locks or transfer all Utilities on the Property. Buyer will have all Utilities and homeo\ffiers' services, as well as any HOA
Assessements, transferred into Buyer's name no later than the first (151) business day following Closing. Buyer also will be responsible
for payment of any Utilities charges or HOA Assessments incurred after Closing and for ensuring that any Utilities or homeo\ffiers'
service, including HOA Assessements, in the name of Seller or the Listing Broker indicated below is transferred entirely into Buyer's
name.
Witness
Buyer
Date
Selling Broker
Date
Acknowledge:
Buyer
Date
Listing Broker
Date
21. Asshmabilitv. Buyer may not assign or transfer the Contract or this Counterproposal without Seller's written approval. Seller may
assign or transfer the Contract and this Counterproposal without Buyer's approval
22. Performance. The acceptance of the Deed by Buyer shall be deemed to be a full performance by Seller under the Contract
and this Counterproposal.
Buyer's Initials
Buyer's Initials
Seller's Initials
Page 7 of 10
Counl"'l'rop05al to Purchase and Sale Agreement 06/30/08
23. Real Estate Broker Commissions. The total commission payable by Seller pursuant to the Transaction shall be L-% of the
gross Purchase Price. The closing agent is authorized and directed to pay said commission from the sale proceeds at Closing as per the
tenns of the Commission Breakdown Fonn to be provided by Seller. No real estate broker commissions shall be paid unless the
Closing occurs and title to the Property passes to Buyer.
24. Additional Provisions. Buyer and Seller approve and accept this Counterproposal and acknowledge and agree that this
Counterproposal is a legally binding agreement and is made part of the Contract in like manner as if it were directly set forth therein.
All other tenns and conditions of the proposed Contract shall remain the same. The tenns of the Contract and this Counterproposal
shall survive the Closing.
25. Attachments. Any attachement or addendum to this Counterproposal hereby is incorporated into this Counterproposal for all
purposes by this reference. Attachment: Lead Based Paint Disclosure Addendum.
26. This counterproposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party to this document received notice of such acceptance on or before 04/22/09
BUYER
Date:
SELLER
Date:
BUYER
Date:
Buyer's Initials
Seller's Initials
Page 8 of 10
CounteJ1lroposal to Purchase and Sale Agreement 06130/08
LEAD -BASED PAINT DISCLOSURE
ADDENDUM
Lead Warnine: Statement
"Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such
property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce pennanent neurological damage, including learning disabilities, reduced intelligence
quotient, behavioral problems, and impaired memory. Lead poisoning also presents a risk to pregnant women. The seller of any
interest in residential real property is required to provide Buyer with any infonnation on lead-based paint hazards from risk
assessments or inspections in the seller's possession and notifY the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to purchase."
Seller's Disclosure to Buver
Seller acknowledges that Seller has been informed of Seller's obligation. Seller is aware that Federal laws require Seller to pennit
Buyer a ten (10) calendar day period to conduct risk assessment or inspection for the presence of lead-based paint hazards before
becoming obligated under a contract to purchase target housing (unless mutually agreed otherwise in writing). That opportunity will be
provided within the ten (10) calendar day period immediately following Seller's final execution of the Contract and this
Counterproposal. Seller is aware that Seller must retain a copy of this disclosure for not less than three years from the Closing.
A. Presence of lead-based paint and/or lead-based paint hazards (check one box below):
D Seller has no knowledge of any lead-based paint and/or lead-based paint hazards present in the Property.
D Seller has knowledge of\ead-based paint and/or lead-based paint hazards present in the Property (explain)
N/A
B. Records and reports available to Seller (check one box below):
D Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the Property.
D Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based
paint hazards in the Property (list documents below):
N/A
Buver's Acknowlede:ment
C. Buyer has read the Lead Warning Statement above and understands its contents.
D. Buyer has received copies of all intonnation, including any records and reports listed by Seller above.
E. Buyer has received the pamphlet "Protect Your Family From Lead in Your Home."
F. Buyer acknowledges federal law requires that before a buyer is obligated under any contract to buy and sell real
estate, Seller shall pennit Buyer a ten (10) calendar day period (unless the parties mutually agree, in writing, upon a
different period of time ) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-
based paint hazards.
G. Buyer, after having reviewed the contents of this Addendum, and any records and reports listed by Seller, has elected
to (check one box below):
D Obtain a risk assessment or an inspection of the Property for the presence of lead-based paint and/or lead-based
~nt hazards, within the time limit and under the tenns ofthe Contract and this Counterproposal, or
U Waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or
lead-based paint hazards.
Buyer's Initials
Seller's Initials
Page 9 of 10
Counterproposal to Pllrcha~e and Sale Agreement 06/30108
Real Estate Licensee's Acknowledl!ment
Each real estate licensee signing below acknowledges receipt of the above Seller's Disclosure to Buyer, has infonned Seller of Seller's
Obligations, and is aware of licensee's responsibility to ensure compliance.
Certification of Accuracv
I certifY that the statement I have made are accurate to the best of my knowledge.
SELLER
Date
BUYER
Date
Seller's (Listing) Agent
Date
Buyer's (Selling) Agent
Date
Buyer's Initials
Seller's Initials
Page 10 of 10
Counterproposal to Purchase and Sale Agre<.'111eJ1t 06130/08
---'...--""..---.,--,--."'....... .
Details
--
Property Record I. .
I
Sketches
V Trim Notices
Aerial
~
Parcel No.1138963040001
Current Ownership
Properly Addressll2540 50TH AVE NE
City
Legal GOLDEN GATE EST UNIT 44 E
75FT OF TR 33
Section II Township Range II Acres
6 II 48 28 1,14
Sub No. II 340600 I GOLDEN GATE EST UNIT 44
~ Use Code II 1 I SINGLE FAMILY RESIDENTIAL
2008 Final Tax Roll
(Subject to Change)
Map No.
3D06
~ Millage Area
17
Page 1 of 1
I
.
Zipll33618 - 0
Latest Sales History
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
I Land Value $ 62,700.00
I (+) Improved Value $ 107,746.00
I (=) Just Value $ 170,446.00
(-) SOH Exempt Value $ 95,029.00
(=) Assessed Value $ 75,417.00
(-) Homestead and other Exempt Value $ 50,000.00
I (=) Taxable Value I $ 25,417.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
Date
03 / 2009
11/2004
06/1998
03/1994
~
-
The Information is Updated Weekly.
Book - Page
44.3.i..~.2
3677 - 4062
2431 - 779
1927 - 539
Amount
$ 100.00
$ 0.00
$ 89,900.00
$ 65,000.00
http://www.collierappraiser.com/RecordDetai 1. asp ?Map=&F olio ID=OOOOO 38963040001
4/21/2009
Print Map
Page 1 of 1
atlNt Namn.
"atc.-.s
$.ubdlvl6.ion.
...",Ials _'I '"ch U'bln)
.....lals 1001(1 'UTI
l!Iulldlnt Footprlnta
Colli... County
Folio Numb.r: 38963040001
Nlme: DEUTSCHE BANK NATL
TRUST CO TR
Slr... & Nlme: 2540 50TH AVE NE
LAgI' o.lcriptlon: GOLDEN GATE
EST UNIT 44 E 75FT OF TR 33
C 2004. Collier County Property Appraiser. \M1ile the Collier County Property Appraiser II committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided
for the data herein, its UH, or its interpretation,
http://maps.collierappraiser.comlwebma:{'/mapprint.asI;!x?title=&orient= LANDSCAPE&pa... 4/21/2009
IX
e
.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
ttt 4278079 OR: 4439 PG: 3422 ***
RBCOIDID in OFFICIAL RICORDS of COLLIIR eoUITY, FL
03/31/2009 at 01:11PM DWIGH! I. BIOCI, CLIRI
COIS 100.00
IIC FII 10.00
IIDIIIIG 1.00
DOC-.TO .70
Deutsche Bank Trust Company Americas formerly known
as Banker's Trust Company, as Trustee and Custodian for
IXIS 2006-HE 1,
PlaintifT(s)
Retn:
CIVIL
Vs.
CASE NO. 08-3926-CA-OI
Charlene D. Randazzo; Bombardier Capital, Inc.
Defendant(s)
F TITLE
. Court, certifies that he executed
or the property described herein,
lowed for filing objections,
THE EAST 75 FEET OF TH E
UNIT NO. 44, ACCORDIN T
PAGE 29, PUBLIC RECO
,aDEN GATE ESTATES
C ED IN PLAT BOOK 7,
.j~. ~
............ ~..~f.:
DWIGHT E. BROCK, ,... '.. ~
Clerk of the Circuit Co~ ~ ~ ~ .. t ": l
, \ ~ .,..;.- t. ".1
BY:~~ dJ:kd
Depu Clerk ". " ".r.P2
f '" T""I
~..;
.-.
~
...,.,
\J
-.) (;:)
'8 r-
"0 r-
3: r.,
~ ;:0
::v g-z'J
w
c::-
--,-,
;;:.. :::j",
::l: ;-<0
~
(.,.) ; --
W ...,
...
-.
~.
MEMORANDUM
Date:
April 23, 2009
To:
Gary Bigelow
Property Acquisition Specialist
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Sale & Purchase Contract Agreement with
Deutsche Bank National Trust Company as part of the
Neighborhood Stabilization Program
Property Address: 2540 50th Avenue NE
Enclosed is the original sales contract referenced above (Agenda Item #10F)
approved by the Board of County Commissioners on Tuesday, March 24, 2009.
After processing please forward the fully executed original to the Minutes & Records Office
for the Board's Official Record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure