As Is Contract for Sale and Purchase #1
"As Is" Contract For Sale And Pwch.lsC
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORr AND THE FLORIDA lIAR
!
1* PARTIES: RESIDENTiAl CREDIT SOLUTIONS INC ("&dler").
2* and COLLIER COUNTY. A POLITICAL SUBDMSION OF THE STATE OF flORIDA rBuyaj.
3 hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Propertyj
4 pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contractj:
5 I. DESCRIPTION:
6* (a) Legal description of the Real Property located in COLLIER County. Florida:
7" GOLDEN GATE EST UNIT 63 E 75 FT OF TR 38
8" (b) Street address, city. zip, of the Property: 2545 45TH AVE NE NAPLESFL 34120
9 (c) Personal Property includes existing range(s) , refrlgerator(s), dlshwasher(s), ceiling fan(s), light flxture(s), and window treatment(s) unless
10 specifically excluded below
11" Other items included are: HOME_~~ N~f~.b!~r!~;~__._._____________.__.____
12"
13" Items of Personal Property (and leased iterns. if any) excluded are: ~QME HAS NO APPLIANCES
14"
15" II. PURCHASE PRICE (U.S. currency): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75 000 00
16 PAYMENT:
17* (a) DeposIt held in escrow by. sellers title co iE3crow Ageiltj in the amount of (checks subject to clearance) $ 0.00
18* Escrow Agent"s address: TO BE DeTERMINED BY SELl.ER Phone:
19* (b) Adcllllonal escrow deposit to be made to Escrow Agent within ---1.A- days after Effectlve Date In the amount of. . . . . . . . . . $ ? MIl on
20* (c) FInancIng in the arnount of ("Loan Amount") see Paragraph NbeIow ........................................... $
21* (d) Other - . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . $
22 (a) Balance to close by cash. wlm transfer Of LOCAlLY DRAWN C8llhIer's or oftldal bank check(s), S\Ibject
23* to adjustments or proratlons . , , . . . . . . . . . . . . . . . . . , . , . . . . . , , . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . $ 7? 50ll on
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERSj EFFECTIVE DATe:
25 (a) If this offer is not executed by and deDvered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or
26" before 5/412009 , the deposit(s) will, at Buyer's option. be returned and this offer withdrawn. Unle8s other-
27 wl8e stated, the time for acceptance of any counteroffers shall be 2 days from the date the counteroffer is dellvenKt.
28 (b) The date of Contract ("Effective Datej will be the date when the last one of the Buyer and Seller has signed or Initialed this offer or the
29 final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above for
30 acceptance of this offer or. if applicable, the final counteroffer.
31 IV. FINANCING:
32* I:;a (a) This is a cash transaction with no contingencies for financing;
33* Q (b) This Contract Is contingent on Buyer obtaIni1g written loan commitment which oon1lrms lJI'lderwrimg loan approval for a loan to purohase
34" the Property ("Loan ApprcM3Ij within _ days (If blank. then 30 days) after ElfectIve Date ("loan ApprcNal Datej for (CHECK ONLY
35* ONE): Q a 1Ixed: Q an acIjustaIje; or 0 a 1Ixed a adJustable rate brI. i1 the Loan Amotrtt (See Par8I)"Sph 11.(c)) at an Initial ilterest rate not to
36* exceed %. a1d for a term of _ years. Buyer wlI make appIlcatlon within _ days (If blank. then 5 days) after EffectIve Date.
37 BUYER: Buyer shall use reasonalje dlIigence to: obtain Loan Approval; notify Seller In writing of receipt of L.oen Approvat by L.oen Approval
38 Date; satisfy terms of the Loan Approval; a1d close the loan. Loan Approva/ which requires a concitlon related to the sale of other property shall
39 not be deemed Loan Approval fa purposes of this subparagraph. Buyer shall pay all loan experlSEl6, Buyer autf10rizes the mortgage broker(s) and
40 lender(s) to dlscIose information regarding the conditions. status. and progress of loan appIcatlon and Loan Approval to Seller. SeIler's attorney,
41 real estate Ilcensee(s). a1d Closing Agent.
42 SELLER: If Buyer does not defiver to Seller ......ntten notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel ttis Contract by
43 daivefing written notice ("SeIler's CanceIlaIlon Notlcej to Buyer, but not later than 5lMll1 en days prlor to ClosIng. SelIer's CanceIIatia1 Notice shaI
44 notify Buyer that Buyer has three (3) days to deliver to SeIer written notice waMng this Financing contingency, or the Contract sheS be cancelled.
45 DEPOSfT(S) (for purposes of this FInancing Paragraph 1V(b) only): If Buyer has used reasonable dilgence but does not obtain Loan .Approval
46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(a) shal be returned to Buyer. If Buyer obtains Loan
47 Approval or waives this FII18t1Cing contingency. a1d thereafter the Contract does not ctose, then the deposit(s) shall be paid to Seller; provided how-
48 ever, if the failure to ctose Is due to: (l) SeIler's failure or refusal to close or Seller otherwise falls to meet the terms of the Contract, Of Cn) Buyer's lender
49 fais to receive and approve an appraisal of the Property in an amount sufficlent to meet the terms of the Loan Approval, then the deposit(s) shall be
50 returned to Buyer.
51" Q (c) Assumption of existing mortgage (see rider for terms): or
52* Q (d) Purchase money note and mortgage to Seller (see "As Is" Standards B and K and riders; addenda; or special clauses for terms).
53* V. nTLe EVIDENCE: At least _ days (~ blank. then 5 days) before Oosing a title insurance corrmitment with legible copies of instruments listed as
54 exceptions attached thereto ("Title Commitmentj and. after Closing. an owner's policy of title insurance (see Standard A for terms) shaJI be obtal1ed by:
55* (CHECK ONLY ONE): I.:J (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56* Q (2) Buyer at Buyer's expense.
5?" (CHECK HERE): Q If an abstract of title Is to be furnished instead of title insurance, and attach rider for terms.
58* VI. CLOSING DATE: This transaction shaD be closed and the dosing documents deIvered on 6/1512009 ("Closingj, unlesS
59 modIied by other provtsions of this C'..orrtract. In the event of extra'ne weather Of other condtloos Of events constituti1g "force majeure", Closing v.t be
60 extended a reasonafje time lJ1II: (I) restoratia1 of utIities and other serviaJs essential to CIooi1g. and (U) avaiabiity of Hazard, Wind. Rood, Of 1-IorneovYners'
61" insurance. If such conditlcns contnue more 1l1an _ dayS (If blank, then 14 dayS) beyond Closing Date. then either party may cancel ttis CoolJa:;t,
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62 VII. RESTRICTIONS; EASEMENTS; UMITATlONS: Seller shall convey marketable title subject to: comprehensive land use plans. zoning,
63 restrictions. prohibitions and other requirements Imposed by governmental authority; restrictions and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding 0", gas and mineral rights of record without right of entry; unplatted public utlfity easements of record
65 ~ocated contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side
66 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (If additional items. see
6~ addendum); provided, that tJqSFe elliets at CIssil'\8 AS Yiel8tisFI sf tAS feFel!JeiA!J 8l'lel none prevent use of the Property for
fW purpose(s).
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended
70 to be rented or occupied beyond Closlng. the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS. Standard
71 F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responslble and liable
72 for maintenance from that date, and shan 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. riders and addenda shall control all printed pro-
74 visions of this Contract in conflict with them.
75+ X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer Q may asslgn and thereby be released from any further liability under this Contract: Q may
76" assi.gn but not be released from liability under this Contract; or (2) may not assign this Contract,
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment Iien(s) imposed by a public body ("public body" does not include 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. shall be paid as follows: (2) by Seller at closing Q by Buyer (If left blank, then Setler at Closing). 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 guidelines have been found in buildings in Florida.
85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Rorida Energy-Efficiency Rating Information Brochure required by Section 553.996. F.S.
89 (e) If the Real Property includes pre-1 978 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 Property Tax Act. the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TlON/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SillER'S CURRENT PROPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES THAT THE BUYER MAY BE OBUGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OINNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY: Q Seller Q Buyer f.(l N/A will pay for a home warranty plan issued by
99* at a cost not to exceed $ .
100* XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have -L days from Effective Date ("Inspection Period") within
101 which to have such Inspections of the Property performed as Buyer shall desire and IJtJlities service shall be made available by the
102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such Inspections and repair of damage
1 03 to and restoration of the Property resulting from such Inspections and th/$ provision (b) shall survive termination of this Contract;
104 and (c) if Buyer determln85, in Buyer's sole discretion, that the Properly Is not acceptable to Buyer, Buyer may cancel this Contra<:t
1 05 by delivflring facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. " Buyer timely
1 06 cancels this Contract, the deposlt(s) pald Shall be Immediately returned to Buyer; thereupon, Buyer and Seller shall be released of
107 all further obligations under this Contract, except as provided In this Paragraph Xlv. Unle$8 Buyer exercises the right to cancel
1 08 granted herein, Buyer accepts the Property in Its present physical condition, subject to any violation of governmental, building,
1 09 environmental, and safety codes. restrictions or requirements and shall be responsible for any and all repairs and improvements
11 0 required by Buyer's lender.
111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112* Q CONDOMINIUM Q VA/FHA Q HOMEOWNERS' ASSN. a LEAD-BASED PAINT Q COASTAL CONSTRUCTION CONTROL UNE
113* i.J INSULATION U EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) U other Comprehensive Rider Provisions I.a Addenda
114* Special Clause(s):
115* THIS HOME IS BEING SOLD "AS IS. "WHERE IS" WITH NO WARRANTIES EXPRESS OR IMPLIED
116* SEE ATTACHED SELLERS "AS IS" ADDENDUM AND OFFER WORKSHEET
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126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): 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 as part of this Contract.
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128
129
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY 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 parties In a
132 particular transaction. Terms and conditions should be negotiated based upon the respectlve interests, objectives and bargaining
133 positions of aft Interested persons.
134 AN ASTER1SK(") FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
~ ~ ,tf7r.,9-(/.te};> ~/(j-N,41'atU? ;;:>A6e
135-
136 (BUYER) (DATE) (SB-LEA) (DATE)
137"
138 (BUYER)
139- Buyers' address for purposes of notice
140.
141* Phone Phone
142 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with
143 this Contract:
144* Name: Naples Realty Services. Inc.-Steve Gitkos
145 Cooperating Brokers, 11 any
(DATE)
(SELLER)
Sellers' address for purposes of notice
(DATE)
Naples Realty Services, Inc.-Steve Gltkos
LIsting Broker
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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:
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BOARD OF COUNTY COMMISSIONERS
COLLIER NTY, FLORID
AS TO OWNER:
DATED:
BY:
Witness (Signature)
Name:
(Print or Type)
Printed Name
Witness (Signature)
Title
Name:
(Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
146 "AS.... STANDARDS FOR REAL ESTATE TRANSACTIONS
147 A. TITLE INSURANCE: The TItle Commitment shall be Issued by a Florida lIcenSed title insurer agreeing to Issue Buyer, upon recording of the ~ to &Iyer,
148 an owner's policy of title insurance in the amount of the pl.Xchase price, insuring Buyers marketable title to the Real Property. subject only to matters contained
149 in Paragraph VII and those to be dlscharged by Seller at or before ClosIng. Marketable title shall be determined according to applicable Title Standards adopt-
150 ed by authorlty of The Florida Bar and in acCOl'dcV1ce with law, Buyer shall have 5 days from date of receiving the ntle Commitment 10 examine it, and if lltle is
151 found defective, notify Seller In writing specifying defect(s) which render title unmark6table, Seller shall have 30 days from receipt of notlce to remove the
152 defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a reason-
153 able period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of c\eposit{s) paid which shall
154 be returned to Buyer. If Buyer fails to so notify Seller. Buyer shall be deemed to have accepted the title as It then is. Seller shall, If title Is found unmarketable,
155 use diligent effort to correct defect(s) withln the tlme provided. If, after diligent EJlfort. Seller Is unable to timely correct the defects. Buyer shall either waive the
156 defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obflg8tions under this Contract. If Seller is to provide the Title
157 Commitment and it is detiverecI to Buyer less than 5 days prior to Closing. Buyer may extend CIoslng so that Buyer shall have up to 5 days from date of receipt
158 to examine 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 shall provide for a
160 30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of ~
161 in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept
162 in good standing; shaH forbid modlflcatlons of, or Mure advances under. prior mortgage(s); shall require Buyer to maintain poIides of Insurance containing a
163 standard mortgagee clause covering all Irnprovements located on the Real Property against fire and all perils included within the term "extended coverage
164 endorsements' and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note
165 and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found In mort-
166 gages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein the
167 Real Property is located. All Personal Property and leases being conveyed or assigned will. at Seller's option, be subject to the lien of a security agreement evi-
168 denced by recorded or filed financing statements or certtficates of title. If a balloon mortgage, the final payment will exceed the periodic payments thereon,
169 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and carti-
170 fied by a registered Florida SUNeyOI'. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback
171 lines, easements, lands of others or violate any restrictions. Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
172 D. WOOD DESTROYlNG ORGANISMS: DELETED
173 E. INGRESS AND EGRESS: Seller warrants and represents thet there Is Ingress and egress to the Real Property suIfk::lent for Its intended use as described
174 In Paragraph VII hereof and title to the Real Property Is insurable In accordance with . PS IS' Standard A without exceptlon for lack of legal right of access.
175 F. LEASES: Seller shall at least 10 days before Oosing, furnlsh to Buyer ooples of all written leases and estoppel letters from each tenant specifying the nature
176 and duration of the tenant's occupancy, rental rates. advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each ten-
177 ant, the same information shall be fumished by Seller to Buyer within that time period In the form of a Seller's affidavit, and Buyer may thereafter contact ten-
178 ant to confirm such information. If the terms of the Iee.se6 differ materially from SeIIer's representations, Buyer may terminate this Contract by delivering written
179 notice to Seller at least 5 days prtor to CIoslng, Seller shall, at ClosIng, deliver and asslgn all or1gtnalleases to Buyer.
180 G. WENS: Seller shall fumish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
181 claims of lien or potential Iienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme-
182 diatety preceding date of CIoslng. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction
183 hens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of ail such gen-
184 era! contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
185 construction lien or a clam for damages have been paid or will be paid at the CIostng of this Contract,
186 H. PlACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing
187 Agent'") designated by the party paying for title insurance, or, If no tltte Insurance, designated by Seller.
188 I. TIME: Calendar days shall be used In computing tlme periods except periods of less than six (6) days, in which event Saturdays. Sundays and state or nation-
189 a11ega1 holidays shall be excluded. Arry time periods prcMded for herein which shall and on a Saturday. Su1day, or a legal hoiIday shall extllld to 5:00 p.m. of the
190 next buslneas day. TIme is of the eeeenoe In thla Contraot.
191 J. CLOSING DOCUMENTS: Seller shall furnish the deed, b1U of sale, certlftcate of title, oonstructlon IIer1 affidavit, owner's possession al!Idavlt, assignments of Ieas-
192 as, tenant and mortgagee estoppelietters and corrective instnJments. Buyer shall ful1'llSh mortgage, mortgage note, security agreement and financing statements.
193 K. EXPENSES: DocumentSly stamps on the deed and recording of corrective Instruments shall be paid by Seller, All costs of Buyer's loan (whether obtained
194 from Seller or third party), Including, but not limited to, documentary stamps and Intangible tax on the purchatJe money mortgage and any mortgage assumed.
195 mortgagee title Insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shaD be paid by Buyer.
196 Unless otherwISe provtded by law or rider to this Contract. charges for related closing services. title search, and closing fees OncltJdlng preparation of clo6lng
197 statement), shall be paid by the party responslbIe for fumlshlng the title evidence In accordance with Paragraph V.
198 L. PRORATIONS; CREDITS: Taxes. assessments, rent. Interest, Insurance and other expenses of the Property shall be prorated through the day before Closing.
199 Buyer shall have the option of taking CNer existing poIlcies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be
200 increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
201 rent and secuIty deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current
202 years tax with due alloWance made for maximum allowable discount, homestead and other exemptions. If Oosing occurs at a date when the curmnt year's mil-
203 age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year'S assess-
204 ment Is not available, then taxes will be prorated on prior yeer's tax. If there are completed improvements on the Real Property by January 1 at of year of Closing,
205 which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior yeefs mll8ge and at an equitable assess-
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 party. be readjusted upon receipt of curmnt year's tax bill.
208 M. (RESERVED - purposely left blank)
209 N. INSPEC'TlON AND REPAIR: DELETED
210 O. RISK OF LOSS: If, after the EffectIve Date, the Property is damaged by fire or other casualty iCasualty Loss") before Closing and cost of restoration (Which
211 shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
212 Closing shalt proceed pursuant to the terms of this Contract, and if restoration is not completed as of Closing. restoratton costs will be escrowed at Closing. If
213 the cost of restoration exceeds 1,5% of the Purchase PrIce, Buyer shall either take the Property as Is, together with the 1.5% or receive a refund of deposit{s)
214 thereby releasing Buyer and Seller !tom all further obligations under this Contract. SeIIer's sole obligation with respect to tree damage by casualty or other natu-
215 rei occurrence shaH be the cost of pruning or removal.
216 P. CLOSING PROCEDURE: The deed shaD be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841,
217 F.S" as amended, the escrow and closing procedure required by this "AS IS' Standard shall be waived. Unless waived as set forth above the following
FAR/8AR ASIS-2x Rev. 2/08 cC 2008 Florida Association of REAlTORS. and The Florida Bar All Rights Reserved Page 4 of 5
218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2)
220 if Seller'S title Is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing 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 funds shall. upon
222 written demand by Buyer and within 5 days after demand, 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 Seller by special warranty deed and bill of sale; and (4) if Buyer falls to make timely demand
224 for refund, Buyer shall take tlUe as is, waiving all rights against Seller as to any Intervening defect except as may be available to Buyer by virtue of war-
225 rantles contained In the deed or bill of sale.
226 Q. ESCROW: Any Closing Agent or escrow agent (collectively "~i receiving flJ"lds or equivalent Is authorized and agrees by acceptance of them to deposit
227 them promptly, hold same In escrow and, subject to clearance. dlsburse them in accordance with terms and condltions of this Contract. Failure of funds to
228 clear sh8lI not excuse Buyer's performance. If in doubt as to Agent's duties or Ilablllties under the provisions of this Contract, Agent may, at Agent's optlon, con-
229 tif1ll!il to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall
230 ~ne the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdlction of the dispute. An attorney who represents
231 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such actlOll, all liability OIl the part of Agent
232 shall fully terminate, except to the extent of accounting for any Items previously delivered out of escrow. If a licensed mal estate broker, Agent will oomply with
233 provisions of Chapter 475, F.S., as amended. A/Ty suit betWeen Buyer and Seller wherein Agent is made a party because of acting as JlQent hereunder, or in
234 any suit wherein Agent interplee.ds the subject matter of the escrow, ~ shall recover reasonable attorney's fees and 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 liable
236 to any party or person for misdelivery to Buyer or Seller of Items subject to the escrow, unless such misdelivery is due to wtllful breach of the provisions of this
237 Contract or gross negligence of Agent.
238 R. ATTORNEY'S FEES; COSTS: In any litigation, including broach, enforcement or InterpretatlOll, arising out of this Contract, the prevailing party In such Iiti-
239 gatlon, wtlich, for purposes of this "AS IS" Standard, shall Include Seller, Buyer and any brokers acting In agerl<.:y or nonagency relationships authorized by
240 Chapter 475, F.S., as amended. shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
241 S. FAILURE OF PERFORMANCE: If Buyer falls to perform this Contract within the time speclfied, Including payment of all deposits, the deposit(s) paid by
242 Buyer and deposIt(s) agreed to be paid, may be recovered and retained by and 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 Seller shall be relieved of all obligations under this Contract; or Seller,
244 at Sellers option. may proceed In equity to enforce SelIer's rights under this Contract. If for any reason other than failure of Seller to make SeIIer's tlt1e mar-
245 ketabIe after diligent effort, Seller falls, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's
246 deposit(s) without thereby waiving any action for damages resulting from SelIer's breach.
247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Nelther this Contract nor any notice of It shall be recorded In any publlc records.
246 This Contract shall bind and Inure to the benefit of the parties and their successors In interest. V'Y'hernNer the context permits, singular shall Include plural and
249 one gender shall Include all. Notice and delivery given by or to the attorney or broker repreeenttng any party shall be as etfectlve as If given by or to that party.
250 AU noticeS must be in wrltJng and may be made by mall. personal delivery or electronic media. A legible facslmlIe or electronic (Including "pdt") copy of this
251 Contract and any signatures hereon shall be consIdeled for all purposes as an original.
252 U. QONVEYANCE: Seller shall convey marketable tltIe to the Reel Property by statutory warranty. trustee's. personal representative's, or guan:IIan's deed, as
253 appropriate to the status of Seller, subject 0Il1y to matters contained in Paragraph VII and those otherwise acoepted by Buyer. Personal Property shall, at the
254 request of Buyer, be transferred by an absolute blU of sale with warranty of title, subject only to such matters as may be otherwISe provided for herein.
255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or SeIer unless included In this Contract. No mod-
256 lficatlon to or change In this Contract shall be vafid or binding upon the parties unIeas in writing and executed by the parties intended to be bound by It.
257 W. SEllER DISCLOSURE: (1) There are no facts known to Seller materially affectlng the value of the Property which are not readily observable by Buyer or'
258 which haVe not been disclosed to Buyer; (2) Seller ctJttenci$ an<f Interrcn no WlIITIInty tIfId maleea no ~f#on of any type, either expreas or implied,
259 as to the physical condition or history of the Property; (3) Seller has received no wrltt8n or 'IfJfbaI notice from any govemmentaI entity or agency as
260 to a currently lJI'ICOIT8Cted building, environmental or tIIIIety code vIoIatlon; {4} Seller has no knowledge of any repairs or Impt'OvementII made to the
261 Property wfthout comp//ance witII goW8t1JlTlfJfltall'fl{lUlatloll which have not been dlsclosed to Buyer.
262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including,
263 but not limited to lawn, shrubbery, and pool In the condition existing as of EfYecttve Date, ordinary wear and tear and Casually Loss excepted. Seller shall, upon
264 reasonable notice, provide utilItieS service and access to the Property for appraisal and inspections, Including a walk-through pr10r to Closing, to confirm thet
265 all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller will assign all
266 assignable repair and treatment contracts and warranties to Buyer at Closing.
267 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simuttaneous with Closing or deferred) with respect to the Property
268 under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperata In all reasonable respects to effectuate the Exchange, lncIue!-
269 Ing the execution of documents; provided (1) the cooperating perty shall Incur no lIabl1lty or expense related to the Exchange and (2) the ClosIng shaH not be
270 contingent upon, nor extended or delayed by, such Exd1ange.
271 Z. BUYER WAIVER OF CLAIMS: Buyer waives any c/aJrm against Seller an<f, to the 8Kf8nt permftted by ~ against any real estate licensee InvolVed
272 In the negotfatJon of the Contract, for any defeotB or other dlllTlllf1e that may exist at ao.Ing of the Contract and be subsequently discovered by the
273 Buyer or anyone cl8lmlng by, through, under or against the Buyer.
FAR/BAA ASI5-2x Rev.2/08 C 2008 Florida AssoclatlOll of REAlTORS" and The Florida Bar All Rights Reserved Page 5 of 5
Real Estate Purthase and Sale Agreement
(Seller's "As-Is" Addendum)
This Addendum is incorporated into and shall be deemed to amend and supplement that certain real estate and purchase/sale
agreement ("Purchase and Sale Agreement")and counter offer made by buyer received APRIL 27 ,2009 and commonly
known as follows: 2545 45TH AVE NE NAPLES, FL 34120
BUYER - COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
In addition to the covenants and agreements set forth in the Purchase and Sale Agreement, Seller and Buyer additionally covenant
and agree as follows:
I.Exemotion from Disdosure Statement ReQuirement. Buyer acknowledges that Seller is a former lien-holder who acquired
title to the Property through foreclosure or deed in lieu of foreclosure and accordingly, Seller is not required to provide a
residential real property transfer disclosure statement. Seller has made no warranties or representations, verbal or written,
regarding title to the Property or condition of the Property.
2.Buver's Per Diem In the event ofa per diem charge, Buyer authorizes Seller to debit their escrow deposit to cover said
charges. Per diem rate is $100. Per diem will be applied if contract close date is extcnded through no fault ofthc seller.
3.CoDvevance of Title. Title to the real property will be conveyed by Special Warranty Deed, subjcct only to those exccptions
to title approved by Buyer in the manner set forth in the main body of the Purchase and Sale Agreement. Title to any personal
property included in the sale will be conveyed by quit claim bill of sale. Seller will make no warranties or representations
whatsoever as to the condition of title to any included personal property.
4. Insurable Title. Seller shall give and the Purchaser shall accept such title as Seller's title insurance company shall be willing
to approve and insure in accordance with its standard form of title policy approved by the governing agency for the state where
the property is located, subject only to the matters provided for in this contract
In the event purchaser chooses to obtain their own fee (owners) policy and/or title exam, they shall order the same
within three days of purchaser executing the contract of sale, or all objections to title shall be waived.
Purchaser must notifY Seller's attorney of any and all title objections at least ten days before closing, or all objections
after a good faith effort, or to do so would delay the closing beyond the original or any extended close date, Purchaser agrees to
accept a fee (owners) title policy, as stated above, at Seller's expense. Regular rates must apply. Seller agrees to pay the
premium for a fee (owners) title policy only if the policy is issued by Seller's selected agent.
5. Nel!ative Proteeds. If at closing, the proceeds are negative to the seller, the seller has the right to re-negotiate or cancel the
contract.
6. Disdaimer of Warranties. EXCEPT AS SET FORTH IN SELLER'S WARRANTY OF TITLE TO THE REAL
PROPERTY, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND SHALL HAVE
NO LIABILITY FOR: (I) THE CONDITION OF THE PROPERTY OR ANY BUILDING, STRUCTURE, OR
IMPROVEMENTS THEREON OR THE SUITABILITY, HABITABILITY, MERCHANTABILITY OR FITNESS OF THE
PROPERTY FOR BUYER'S INTENDED USE OR FOR ANY USE WHATSOEVER; (2) COMPLIANCE WITH ANY
BUILDING, ZONING OR FIRE LA WS OR REGULATIONS OR WITH RESPECT TO THE EXISTENCE OF OR
COMPLIANCE WITH ANY REQUIRED PERMITS, IF ANY, OF ANY GOVERNMENTAL AGENCY; (3) THE
AVAILABILITY OR ADEQUACY OF ANY WATER, SEWER, OR UTILITY RIGHTS; (4) THE PRESENCE OF ANY
HAZARDOUS SUBSTANCES IN ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT LIMITATION
ASBESTOS OR UREAFORMALDHYDE, OR THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES
OR MATERIALS ON OR UNDER THE PROPERTY; (5) THE PRESENCE OF ANY UNDERGROUND STORAGE TANKS
OR ABOVE GROUND STORAGE TANKS ON THE PROPERTY; (6) THE ACCURACY OR COMPLETENESS OF ANY
PLANS AND SPECIFICATIONS, REPORTS, OR OTHER MATERIALS PROVIDED TO BUYER; OR (7) ANY OTHER
MA ITER RELATING TO THE CONDITION OF THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, SELLER SHALL HAVE NO LIABILITY TO BUYER WITH RESPECT TO THE CONDITION OF THE
PROPERTY UNDER COMMON LAW, OR UNDER ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION.
BUYER HEREBY WAIVES ANY AND ALL CLAIMS WHICH BUYER HAS OR ANY HAVE AGAINST THE SELLER
WITH RESPECT TO THE CONDITION OF THE PROPERTY. WAIVER OF ANY INSPECTION PERIOD
CONTINGENCY SET FORTH IN THE PURCHASE AND SALE AGREEMENT OR IF THERE IS NO INSPECTION
CONTINGENCY, BUYER'S EXECUTION OF THE PURCHASE AND SALE AGREEMENT, SHALL CONSTITUTE
BUYER'S ACKNOWLEDGMENT TO SELLER THAT THE BUYER HAS FULLY INSPECTED THE PROPERTY AND
BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS THAT MAYOR MA Y
NOT EXIST, INCLUDING SUCH DEFECTS AND CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL
INSPECTION. SELLER AND BUYER ACKNOWLEDGE THAT THIS DISCLAIMER HAS BEEN SPECIFICALLY
NEGOTIATED.
*' :5Ee~/6AJI'fTcJ~ ~~G6- ,4"'-AC~D He-J2-ErO
Buyer: Date:
Seller: Date:
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
BOARD OF OUNTY COMMISSIONERS
COLLIER UNTY, FLOR'1A ..
BY: ~ c7;~~
Donna Fiala, Chairman
AS TO OWNER:
DATED:
BY:
Witness (Signature)
Name:
(Print or Type)
Printed Name
Witness (Signature)
Title
Name:
(Print or Type)
-.... . IT WI. IN.
. S j ng!!.?~~,r~!: SUbmit Offer
Please present the following Offer Summary to the Buyer. Should the Buyer agree to the price and terms of this Offer Summ.ary, please have all
Buyer$!!an and_senet vll.Emall or..Mm!Db! this Offer Summary and the signed purchase agreement to ~!'1~~J!rce Prope!1Y_~olu!!~;ms
immediately.
DO NOT CONSIDER THIS ACCEPTED UNTIL THE SEUER SIGNS AND DATES THE OFFER SUMMARY I PURCHASE AGREEMENT.
Seller will consider the offer accepted only after they recelw the offer $ummaryfpurchase agreement signed by both the Buyer and the Seller.
Please note that the date of the Seller's signature will be effective date of contract.
Should the buyer wish to counter, plea$e enter new counter directly on our webslte.
Thank Youl
Order #
290218243
Loan # 10??oo7397
Property Address
2545 45TH AVENUE HE
NAPLES, FL 341 20
$55,000.00
3/3/2009
Date:
DOM:
4/28/2009
35
List Price:
$79,900.00 Orlg List Prlce:$79,900.oo
o,lg List Date: 3/24/2009
BPO Value:
BPO Date:
Buyer's Name: Cofller County
Offer Date: 4/27/2009
Offer Amt: $75,000.00
Loan Type: Cash
Loan Amt: $0.00
Days To Close: 48
Closing Date: 6/15/2009
Closing Costs: $0.00
Repairs: $0.00
Home Warranty: $0.00
Inspection Fee: $0.00
Survey Fee: $0.00
Termite Fee: SO.OO
Earnest Deposit: $2,500.00
Current Taxes:
Delinquent Taxes:
HOA/ Assessments:
Calendar Inspection Days:
Other Costs:
De$crlptlon Of Other Costs:
Comments:
$0.00
AODmONAl. TERMS:
Seller will not pay for nor credit Buyer(s) for VA. FHA or other loanlflnanclng costs or fees; nor will they pay for or credit any other costs, fee$.
survey, home warranty plan. Inspections or repairs unless otherwise stated and defined above.
It is understood between Buyer(s) and Seller that this property Is being sold in "Where-Is, As-Is" condition with no Seller representations or
warranties. expressed or implied, by the Seller or the local listing agent.
Buyer(s) to sign Seller's Addenda to be made part of original contract.
Seller to advise who will have choice of Title/Escrow/Closing entity once property is under contract.
o
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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:
BOARD OF OUNTY COMMISSIONERS
COLLIER UNTY, FLOR'FA _
BY: ~~
Donna Fiala, Chairman
AS TO OWNER:
DATED:
BY:
Witness (Signature)
Name:
(Print or Type)
Printed Name
Witness (Signature)
Title
Name:
(Print or Type)
as 0 form and
IC' . ~"==-
Details
Page 1 of 1
-
1 "'"p~~p;~t"Y.R;;~;d"'""-"lr"" "'A;~i~""'" .'U' "Sk;t;h;;-'~']r"'" 'T;i';N~ti;;;
.
Parcel No.1139834080005
Current Ownership
Property Addressll2545 45TH AVE NE
.., 'I '''_.. ,.
,.
Owner Name RCS REO I LLC
Addresses 4282 N FREEWAY
City FORT WORTH
Legalll GOLDEN GATE EST UNIT 63 E
" 75FT OF TR 38
State TX
Zip 76137.0
Section Township /I Range II Acres
7 48 28 1.14
Sub No. 345100 GOLDEN GATE EST UNIT 63
'1J Use Code 1 SINGLE FAMILY RESIDENTIAL
~
Map No.
3007
Millage Area
17
2008 Final Tax Roll
(Subject to Change)
Latest Sales History
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $62,700.00
(+) Improved Value $ 181,977.00
(=) Just Value $ 244,677.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 244,677.00
H Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 244,677.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
Date Book - Page Amount
04 / 2009 4445.2106 $ 353,500.00
061 2005 3812.3167 $ 277,000.00
02 I 2005 3726 . 3038 $ 188,300.00
041 2004 ~~.J.IM $ 39,000.00
10/2001 2914.1826 $ 8,900.00
10/2001 2i1~.::,lm $ 8,900.00
06/1988 1357. 2215 $ 7,500.00
-
The Information is Updated Weekly.
http://www.collierappraiser.com/RecordDetail.asp ?Map=&F olioID=000003 9834080005
4/30/2009
Print Map
Page 1 of 1
_"
SubdhllSlO""
A",I,oI" _ ~ In... U'banJ
A'''I,01,, 2001(2 fUT)
Bul141ng fool4>rlntl
CollI'" Count!'
Folio Number: 39834080005
Name: RCS REO I LLC
Streebll & Name: 2545 45TH AVE NE
lega' Oescrlptlon: GOLDEN GATE
EST UNIT 63 E 75FT OF TR 38
@2004. Collier County Property Appraiser. VVhile the Collier County Property Appraiser is committed to providing the most accurate and up..to.date information, no warranties expressed or implied are provided
for the data herein, its use, or its interpretation.
http://maps.collierappraiser.comlwebmap/mapprint.aspx?title=&orient=LANDSCAPE&pa... 4/30/2009
(i)
4285618 OR: 4445 PG: 2106
RlCORDID in O'fICIAL RlCORDS of COLLIIR COUlff, lL
04/20/200' at 03:25'M DWIGHT I. BROCI, CLIRI
COIS 353471,47
lie 'II 18.50
DOC-.70 2474,50
This instrument prepared by
After recording return to:
Bryan Cardwell
Trustee Management Company
10975 EI Monte, Suite 225
Overland Park, KS 66211
Retn:IIPRBSS liD II
lORICLOSDRI KAHAGlKI.' CO
10915 IL MOM1l aT #220
OVIRLAID PARI IS 65211
WARRANTY DEED IN LIEU OF FORECLOSURE
, Unit No. 63, accordinl
ords of Collier County,
The consideration for this transaction is 5353,471.47, which represents tbe unpaid balance on
tbe Mortgage of 5348,052.47, as well IS a payment of$5,419.oo to be paid to tbe grantor upon
completion (recording) of the Deed in Lieu of Foreclosure.
SUBJECT TO: Conditions, restrictions, reservations, limitations and easements of record, ifany: but any
such interest that may have been tenninated is not hereby reimposed; and subject to applicable zoning ordinances, taxes
and assessments for the year 2007, and subsequent year. It is tbe intent of tbe parties that tbe fee granted berein sball
not mel'le witb the lien of tbe Mortgage executed December 18,2006, for the benefit of RCS REO I, LLC.
TO HAVE AND TO HOLD The premises aforesaid with all and singular, the rights, privileges,
appurtenances and inununities thereto belonging or in any wise appertaining unto the said grantee and unto its successors
and assigns forever; the said grantor covenanting that he is lawfully seized of an indefeasible estate in fee of the premises
herein conveyed; that he has good right to convey the same; that the said premises are free and c:lear from any
encumbrance done; and that he will warrant and defend the title to the said premises unto the said grantee and unto its
successors and assigns forever, against the lawful claims and demands of all persons whomsoever: euept as
hereinbefore st.ted, and except for the lien of taxes, both genera. and special, not now due and p.yable.
TMCFL9786
*** OR: 4445 PG: 2107 **t
written.
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above
Grantor:
I!a;;--
WITNESSES:
---D Witness my hand
ec ,20
(Signature)
JE.\\t-\
(print Name)
~~~J'l
STATEOF~
1 . V
COUNTY OF
I HEREBY CERTIFY th
appeared Hector Diaz, an
state drivers Lice
oath, who executed the foregoing
Notary Signature:
Notary Printed Name:
County of Residence ..full'LO V'"
r-
My Commission Expires ~l
This Deed was prepared without the benefit of a Title Examination and Legal Description and the parties and marital
status were supplied to preparer.
TMCFL9786