Sales Contract
IB SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) 15
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SELLER: As -r-,e~f,(:i>7ee) OJ! /!Je/~ 01= BUYER: Collier County, A Political
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SELLER: fjA-e/~ P,4~5-llIIlOpt(514 f!.f72n,qCdlifi;eR: Subdivision of the State of FL
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ADDRESS: ADDRESS:
1 UPON ACCEPTANCE OF THE OFFER OR COUNTEROFFER, SELLER has agreed to sell and BUYER has agreed to buy, UPON THE
2 FOLLOWING TERMS AND CONDITIONS, the real property hereafter legally described ("Property"), together with existing fixtures, including built-in
3 appliances, refrigerator, stove, dishwasher, washer, dryer, ceiling fan(s), wall-to-wall carpeting, window coverings and
4 SOLD "AS-IS"
5 and the personal property, if any, as listed on the attached inventory, free from liens. The following items are specifically excluded from this Contract:
6
7 Personal property items transferred with the real property are deemed without value, left for the convenience of the parties, and transferred without
8 consideration, unless otherwise agreed to by the parties.
9
10
SOLD "AS-IS"
LEGAL DESCRIPTION IF THE PROPERTY IS NOT A CONDOMINIUM UNIT(S):
GOLDEN GATE EST UNIT 64 E 75FT OF W 180FT OF TR 87
County, Florida.
11 LEGAL DESCRIPTION IF THE PROPERTY IS A CONDOMINIUM UNIT(S):
12 Unit(s) No. **N/A** of ** ***** ***** *N/A*** ** ***** ***** * , a Condominium, according to the
13 Declaration of Condominium thereof, recorded or referenced in O.R. Book *N/A* ,Page *N/A* ,Public Records of ***N/A* **
14
County, Florida.
15 IF THE PROPERTY IS A COOPERATIVE PARCEL, THE COOPERATIVE ADDENDUM TO SALES CONTRACT (RESIDENTIAL IMPROVED
16 PROPERTY) IS INCORPORATED HEREIN AND MADE AN INTEGRAL PART OF THIS CONTRACT.
17 If applicable, SELLER shall convey SELLER's exclusive right to use Parking Space(s) N/A ,Cabana(s) N/A
18 Storage Locker(s) N/A , Boat Dock(s) or Slip(s) N/A . or other common elements and common areas to which SELLER has an
19 exclusive right of use and the right to convey.
20 The address of the Property is: 282 0 39TH AVE NE
21 1. PURCHASE PRICE: The purchase price (U.S.), which is allocated to real property
22 only unless otherwise stated, shall be payable as follows:......................................................... $
NAPLES
FL
34120
83,966.00
23
24
25
A. Initial Deposit, in the amount of...........................................................................................$
B. Additional Deposit to be received in escrow not later than _ days after the
Effective Date, in the amount of..........................................................................................$
8,500.00
0.00
26
C. Proceeds of mortgage, if any [See Paragraph 4.B.J...........................................................$
0.00
27 D. Other: $ 0.00
28 E. Balance of the purchase price, payable from BUYER to closing agent, by local
29 cashier's or official bank check or wire transfer funds at closing, subject to
30 adjustments and prorations, of approximately.................................................................... $ 75,466.00
31 Deposit checks are accepted subject to collection. All deposit(s) shall be held in an escrow account in the State of Florida.
@ 2009 Naples Area Board of REAL TORS<Ili and Asaoclatlon of Real Estate Professionals, Inc. All Rlghta Reserved. (NABOR 1/1/2009)
Approved by the Marco Island Area Association of REAL TORS@, Inc. and the Collier County Bar Association. Page 1 of 10
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32 2. PERIOD OF OFFER AND EFFECTIVE DATE: This offer is revoked if not accepted, and notice of acceptance delivered to offeror, by
33 5 : 00 0 AM KI PM on 17th {Insert Date}. This time limn shall apply to all offers and counteroffers unless
34 otherwise stated. The Effective Date of this Contract shall be the last date either SELLER or BUYER signs or initials this Contract. INITIALED
35 CHANGES MUST BE DATED, OR THE LATEST DATE SET FORTH ON THIS CONTRACT SHALL BE THE EFFECTIVE DATE.
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36 3. CLOSING DATE; CLOSING LOCATION; CLOSING AGENT; POSSESSION: Closing shall occur on
37 {Insert Date}, or prior to that date by written consent of both parties (the .Closing Date") in the county where the Property is located, at an office
38 designated by the closing agent, who shall be selected by BUYER. BUYER shall be the legal owner of the Property as of the closing, and SELLER
39 shall vacate and give possession of the Property at the closing. SELLER shall leave the dwelling(s) on the Property in broom-clean condition and the
40 entire Property free of debris.
41 4. METHOD OF PA YMENT[SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]: KI A. CASH: BUYER will pay cash, with no financing
42 contingency; 0 B. FINANCING CONTINGENCY: BUYER's obligation to purchase the Property is contingent upon BUYER obtaining a loan, in at least
43 the amount shown in 1.C. above, to be secured bya mortgage on the Property at [SELECT ONE. IF NO SELECTION IS MADE, (1} SHALL APPL Y]:
44 0 (1) an initial or 0 (2) fixed rate of interest not exceeding N/ A % per year, for an amortized term of not less than N / A years [30 years if left
45 blank) with a balloon not sooner than N/A years. BUYER shall apply for the loan at BUYER's expense not later than N/A days after the
46 Effective Date [10 days if left blank), and shall make a good faith effort to obtain said loan. If BUYER fails to give notice to SELLER of waiver of this
47 financing contingency on or before {Insert Date} [30 days after the Effective Date if left blank), either SELLER
48 or BUYER may terminate this Contract at any time. BUYER's termination under this contingency must be accompanied by an Equal Credit
49 Opportunity Act statement of adverse credit action issued by an institutional lender confirming that mortgage financing on the terms set forth in this
50 Contract was denied on grounds that either the Property was unacceptable to the lender or the BUYER financially failed to qualify for said financing
51 terms. SELLER's right to terminate shall cease to exist if BUYER gives notice to SELLER that BUYER has waived this financing contingency prior to
52 SELLER giving BUYER notice of termination. Delivery of documentation evidencing loan commitment or loan approval shall not constitute a
53 waiver of the financing contingency. BUYER acknOwledges that once BUYER waives this financing contingency, BUYER's deposit monies
54 are no longer refundable under this Paragraph 4.
55 5. CDDIMSTU SPECIAL TAX DISTRICTS: The Property 0 is KI is not located within a Community Development District (COD) or Municipal
56 Service or Benefit Taxing Unit (MSTU). If the Property is located within a COD or MSTU, and if there is any outstanding capital balance,
57 BUYER should not execute this Contract until BUYER has received and signed the "Addendum to Sales Contract CDDIMSTU Assessments
58 Disclosure" or similar written disclosure from SELLER setting forth the approximate amount of the capital assessment balance, which
59 BUYER will assume at closing.
60 6. INSPECTIONS; WAIVER [SELECT ONE. IF NO SELECTION IS MADE, A. SHALL APPLY]: iii A. INSPECTIONS: BUYER reserves the right
61 to conduct the inspections provided for in Standard D.2.a., OR 0 B. WAIVER: BUYER accepts the Property in its "as is" condition as of the Effective
62 Date, including the conditions disclosed in Standard 0.1. or in Paragraph 7. BUYER may conduct inspections of the Property; however, BUYER's
63 obligation to purchase the Property is not contingent upon the results of any inspections. However, BUYER retains the walk-through inspection rights
64 set forth in Standard D.2.c.(2), (3), and (4).
65 7. A. OTHER TERMS AND CONDITIONS:
66
67
68
69
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 1/1/2009) Page 2 of 10
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70 7. A. OTHER TERMS AND CONDITIONS (Continued from Page 2):
71
72
73
74
75
76 B. ADDENDUM: If additional terms are incorporated into this Contract by separate Addendum, attach same and indicate here O.
77 REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND REVIEWED
78 PAGES 1, 2, AND 3 AND REAL ESTATE TRANSACTION STANDARDS A THROUGH T ON PAGES 4 THROUGH 10 OF THIS CONTRACT,
79 WHICH ARE INCORPORATED IN AND MADE AN INTEGRAL PART OF THIS CONTRACT AND SHALL NOT BE REVISED OR MODIFIED
80 EXCEPT IN PARAGRAPH 7 OF THIS CONTRACT.
(Date)
1-'* 6ee .6i 6AJA-10/2..L{ P,4-6t:!:-
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(Buyer's Signature) (Date)
(Seller's Signature)
SPS, Inc., as attorney-in-fact
Collier County, A Political
(Buyer's Printed Name)
(Seller's Printed Name)
(Seller's Signature)
(Date)
(Buyer's Signature)
(Date)
Subdivision of the State of FL
(Buyer's Printed Name)
(Seller's Printed Name)
81
COUNTER-OFFER
82 0 SELLER counters BUYER'S offer as noted herein. To accept the counter-offer, BUYER must sign or initial the counter-offer terms and
83 deliver a copy of the acceptance to SELLER by
o AM 0 PM on
{Insert Date}.
84
IDENTIFICATION OF BROKERS AND SALES ASSOCIATES
85 Listing Broker:
AMERIVEST REALTY
Selling Broker:
AMERIVEST REALTY
86 Listing Sales Associate:
DEBRA MONTEROSSO
Selling Sales Associate:
DEBRA MONTEROSSO
87
DEPOSIT RECEIPT
88 Initial Deposit by 0 cash 0 wire or 0 check received on
89 will be held in escrow in accordance with the terms and conditions of this Contract.
{Insert Date},
90 Received by:
for delivery to:
(Escrow Agent)
91 REQUIRED Escrow Agent Address:
92 REQUIRED Escrow Agent Telephone:
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 1/1/2009) Page 3 of 10
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IN WITIIIESS WHfl;O~. the parties hereto have executed this Agreement on
thIs J?fE.. day of ry ( , 2009
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: Jjft//#j
ATTEST:,..".'
DWIGHT\E~' B~OO.~~~C.lerk,
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BOARD OF COUNTY COMMISSIONERS
COLLIER C TY, FLORIDA
BY:
Donna iala, Chairman
AS TO OWNER:
DATED:
Witness (Signature)
BY:
Name:
(Print or Type)
Printed Name
Witness (Signature)
Name:
(Print or Type)
Title
,A.nLt.. .t
REAL ESTATE TRANSACTION STANDARDS
93
94 STANDARD A. TITLE; TITLING INSTRUCTIONS; ASSIGNMENT; TAX DEFERRED EXCHANGE.
95 1. MARKETABLE TITLE: Title to the Property shall be good and marketable with legal access, subject only to the following exceptions:
96 (a) ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (b) zoning, building code and other use
97 restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (d) restrictions,
98 reservations and easements common to the subdivision, provided that none of the foregoing shall prevent use of the Property for residential
99 purposes.
100 2. TITLING INSTRUCTIONS FROM BUYER; ASSIGNMENT: Not later than 15 days prior to the Closing Date, BUYER shall deliver to
101 SELLER the name(s), address, manner in which title will be taken, and a copy of any assignment executed by BUYER. No assignment shall
102 release BUYER from the obligations of this Contract unless SELLER consents in writing to such release.
103 3. TAX DEFERRED EXCHANGE: If either party intends to treat this transaction as a tax-deferred exchange under I.R.C. Section 1031,
104 the other party shall cooperate in accomplishing the exchange, and consents to the assignment of this Contract to a qualified exchange
105 intermediary for that purpose, provided there is no additional cost or delay in closing and the exchanger is not released from liability under
106 this Contract.
107 STANDARD B. TITLE EVIDENCE OR CREDIT; EXAMINATION; DEFECTS; LEGAL ACCESS; CLEARANCE. Not later than 15 days after the
108 Effective Date, SELLER shall furnish to BUYER a complete copy of SELLER's owners title insurance policy. If the Property is located in Collier
109 County and SELLER fails to furnish a copy of the policy within the above time period, SELLER shall give BUYER a credit at closing in the amount of
110 $350.00 in lieu of said title evidence. BUYER shall have 30 days after the Effective Date ("Examination Period") for examination of title and
111 determination of legal access. BUYER's obligation to purchase is conditioned on the Property having legal access to and from a public right
112 of way sufficient for residential use. If title is found defective or legal access is found to be lacking, BUYER shall, withi n the Examination
113 Period, notify SELLER specifying the title defect(s) or lack of legal access, and furnish copies of the title evidence and instruments
114 evidencing such title defect(s) or lack of legal access. If the title defect(s) render(s) title unmarketable, or if SELLER cannot deliver
115 possession, or if there is no legal access, SELLER shall have 30 days after receipt of notice from BUYER (the "Clearance Period") to clear or
116 remove such title defect(s), deliver possession, or provide legal access, at SELLER's expense. SELLER will use diligent effort to correct the
117 title defect(s), deliver possession or provide legal access within the Clearance Period, including the bringing of necessary suits. SELLER
118 shall not be liable to BUYER for damages if SELLER cannot render title marketable, deliver possession or provide legal access. If SELLER
119 does not clear or remove the title defect(s), deliver possession or provide legal access within the Clearance Period, BUYER may elect to
120 accept such title, possession, or access as SELLER can provide, without reduction of the purchase price, or to terminate this Contract.
121 STANDARD C. SURVEY; COASTAL CONSTRUCTION CONTROL LINE.
122 1. SURVEY AND SURVEY OBJECTIONS: BUYER may, at BUYER's expense, have the Property surveyed not later than 15 days prior to
123 the Closing Date ("Survey Period"). If the survey, as certified by a registered Florida surveyor, correctly shows: (a) an encroachment onto the
124 Property; (b) that an improvement located on the Property projects onto lands of others; (c) an improvement on the Property violates a
125 zoning, building or other governmental use restriction; (d) an improvement on the Property violates any recorded covenant or restriction, or
126 any covenant of this Contract; or (e) lack of legal access (collectively "Objections"), BUYER may, within the Survey Period, notify SELLER of
127 the Objections and shall furnish a copy of the survey. The Objections shall be treated as a title defect(s). If BUYER fails to obtain a survey
128 within the Survey Period, BUYER waives any right to object to matters which might have been shown on a survey. If BUYER fails to make
129 any Objections within the Survey Period, BUYER waives any Objections.
130 2. COASTAL CONSTRUCTION CONTROL LINE: (a) If any portion of the Property lies seaward of the Coastal Construction Control Line,
131 Florida law requires the following disclosure: The property being purchased may be subject to coastal erosion and to federal, state or local
132 regulations that govern coastal property, including the delineation of the coastal construction control line, rigid coastal protection structures,
133 beach nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida Department of
134 Environmental Protection, including whether there are significant erosion conditions associated with the shoreline of the property being
135 purchased. (b) If any portion of the Property lies seaward of the Coastal Construction Control Line, BUYER waives the right to receive a
136 surveyor affidavit from SELLER delineating said line upon the Property.
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137 STANDARD D . DISCLOSURES; INSPECTIONS AND REMEDIES; ELECTION AND RESPONSE; WALK. THROUGH INSPECTION; RISK
138 OF LOSS.
139 1. DISCLOSURES:
140 a. GENERAL: SELLER knows of no facts or conditions materially affecting the value of the Property, except those which are readily
141 observable by BUYER, or which have been disclosed to BUYER by SELLER in writing and furnished to BUYER prior to the Effective Oateof
142 this Contract or in Paragraph 7.
143 b. WETLANDS; SUITABILITY: Except as disclosed to BUYER in the manner set forth in Standard 0.1.a., SELLER does not know of
144 any portion of the Property that has been determined to be wetlands, or of any other condition or circumstance adversely affecting the
145 Property which might impair its suitability for residential use or construction.
146 c. RADON GAS: Florida law required disclosure: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
147 building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and
148 state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your
149 county health department.
150 d. ENERGY EFFICIENCY: BUYER acknowledges receipt of the Department of Community Affairs brochure on the Florida Building
151 Energy Efficiency Rating System.
152 e. LEAD BASED PAINT IP AINT HAZARDS: If construction of the residence on the Property was commenced prior to 1978, SELLER
153 is required to complete, and SELLER and BUYER are required to sign and attach to this Contract, the Addendum entitled "Lead-Based Paint
154 and/or Lead-Based Paint Hazards: Disclosure of Information and Acknowledgement."
155 f. MOLD: In Florida, mold is commonly found both indoors and outdoors. Interior infestation by certain mold may cause property
156 damage and health problems for some persons.
157 g. INSURANCE: BUYER is advised to apply for casualty insurance and obtain a claims history report on the Property to ascertain the
158 availability and cost of said insurance on the Property, which may be affected by past insurance claims on the Property, past insurance
159 claims filed by BUYER and/or by BUYER's credit status. BUYER may terminate this Contract within 10 days after the Effective Date if past
160 insurance claims on the Property increase the cost or restrict the availability of casualty insurance coverage for the Property.
161 h. FIRE SPRINKLER/SAFETY SYSTEM RETROFIT: If the Property is located in a condominium or cooperative building requiring
162 retrofit for fire sprinklers or other life safety systems as shown on the list created by the local district fire marshal, BUYER may terminate this
163 Contract within the statutory rescission period set forth in Standard I.
164 i. PERMITS AND VIOLATIONS: SELLER does not know of any improvements to the Property which were made without proper
165 permit(s} or certificate(s} of occupancy/substantial completion (where required), of any existing violations of local ordinances or codes, or of
166 any pending code enforcement proceedings affecting the Property.
167 j. PROPERTY TAX DISCLOSURE: Florida law required disclosure: BUYER should not rely on the SELLER's current property taxes
168 as the amount of property taxes that BUYER may be obligated to pay in the year subsequent to purchase. A change of ownership or property
169 improvements triggers reassessments of the property that could result in higher property taxes. If you have any questions concerning
170 valuation, contact the county property appraiser's office for information.
171 k. ZONING: SELLER has not commenced any proceedings to change the current zoning classification of the Property, nor will
172 SELLER initiate any such proceedings. SELLER has not received notice from any third party(ies) of any proceedings which would affect the
173 current zoning classification of the Property. Should SELLER receive any such notice, SELLER will promptly notify BUYER of same, and if
174 the proposed zoning would prevent the current use of the Property, BUYER may terminate this Contract not later than 5 days after receipt of
175 said notice.
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176 2. INSPECTIONS:
177 a. INSPECTION PERIOD; INSPECTION ITEMS: BUYER shall have 15 days after the Effective Date (the "Inspection Period") to have
178 the Property and improvements thereon inspected at BUYER's expense as follows: (1) all major appliances and equipment; sprinkler, well,
179 septic, heating, cooling, electrical, plumbing and security systems; major mechanical components; roof (including fascia and soffits); ceilings;
180 structural walls; foundation; swimming pool, spa and pool/spa deck(s); seawall; dock(s); boat lifts/davits and related electrical and mechanical
181 components, if any (collectively "Systems and Equipment"), by an appropriately Florida licensed inspection company or licensed contractor,
182 and/or (2) radon gas, by a Florida certified radon measurement technician or specialist, and/or (3) lead-based paint and hazards, by an
183 EPA-certified lead exposure risk assessor, and/or (4) termites or other wood-destroying organisms, by a certified pest control operator,
184 and/or (5) air sampling, surface sampling and/or dust sampling performed by a qualified indoor air quality inspector for the presence of toxic
185 and pathogenic molds (collectively the "Inspection Items").
186 All inspections shall be non-invasive and shall not entail any perforation or removal of structural material unless approved in advance by
187 SELLER. Upon reasonable notice, SELLER shall provide access and utilities service to the Property to facilitate the inspections. BUYER
188 shall repair any and all damage to the Property resulting from or caused by the inspections and shall otherwise retum the Property to its
189 condition prior to the inspections. BUYER will indemnify and hold SELLER harmless from and against all losses, damages, costs, claims and
190 expenses of any nature, including attorneys fees (collectively "Losses"), and from and against any liability to any person arising from, out of
191 or in connection with the inspections, except as to Losses resulting from negligence or intentional acts or omissions of SELLER.
192 b. DEFECTIVE INSPECTION ITEMS; BUYER'S ELECTION AND SELLER'S RESPONSE: Except as to any facts or conditions
193 disclosed to BUYER in the manner set forth in Standard D.1.a., if any inspection conducted during the Inspection Period reveals: (1) that any
194 Systems and Equipment are not in Working Condition, and/or (2) the presence of radon gas at a level in excess of EPA action levels
195 (4.0 picocuries per litre of air), and/or (3) the presence of lead-based paint or paint hazards requiring abatement under HUD/EPA protocols,
196 and/or (4) the existence of active infestation by termites or other wood-destroying organisms and/or visible damage caused by active or past
197 infestation; and/or (5) the presence of toxic or pathogenic molds within the interior of the dwelling(s) exceeding the levels of such molds
198 measured upon the exterior of the dwelling (collectively the "Defective Inspection Items"), BUYER shall, not later than 5 days after expiration
199 of the Inspection Period: (a) notify SELLER of any Defective Inspection Items, and (b) fumish to SELLER a copy of the inspection report(s)
200 documenting the Defective Inspection Items, and (c) notify SELLER of BUYER's election either to: (i) receive a creditfrom SELLER at closing
201 in lieu of any repairs, replacements, treatment, mitigation or other remedial action necessary to bring the Defective Inspection Items into
202 compliance with the relevant standards set forth above (the "Remedial Action"). If BUYER elects to receive a credit, the amount of the credit
203 shall be equivalent to the estimated costs of any Remedial Action and shall be determined not later than the earlier of SELLE R's Response
204 Deadline, or 10 days prior to the Closing Date, or (ii) have SELLER take Remedial Action at SELLER's expense. If BUYER elects (i),
205 SELLER shall not be required to take any Remedial Action. If BUYER makes no election, BUYER shall be deemed to have elected to receive
206 a credit at closing.
207 Not later than 10 days after receipt of the written notice and inspection report(s) from BUYER ("SELLER's Response Deadline'),
208 SELLER shall notify BUYER whether SELLER agrees to BUYER's request. If SELLER refuses BUYER's request by the SELLER's Response
209 Deadline, then BUYER may terminate this Contract not later than 5 days after SELLER's Response Deadline. If BUYER does not elect to
210 terminate this Contract, BUYER is deemed to have accepted the Property in the condition it existed on the Effective Date, except that
211 BUYER retains the walk-through inspection rights set forth in Standard D.2.c.(2),(3), and (4) below. If SELLER fails to respond by the
212 SELLER's Response Deadline, SELLER shall be deemed to have refused BUYER's request, and BUYER may terminate this Contract as set
213 forth above.
214 If any Remedial Action requested by BUYER requires the approval of any community association governing the Property, and
215 SELLER fails to furnish BUYER with written documentation of said association's approval not later than 5 days prior to the Closing Date,
216 BUYER may terminate this Contract.
217 If BUYER does not have the Inspection Items inspected, or fails to do so within the Inspection Period, or fails to timely report any
218 Defective Inspection Items to SELLER, BUYER shall be deemed to have accepted the Property in the condition it existed on the Effective
219 Date, except that BUYER retains the rights set forth in Standard D.2.c.(2), (3), and (4) below.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NAB OR 1/1/2009) Page 6 of 10
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220 Remedial Action shall be deemed to have been properly performed when (1) the Systems and Equipment are placed in Working
221 Condition, (2) radon gas within the residence on the Property is reduced to below EPA action levels, (3) lead-based paint and paint hazards
222 on the Property are removed or contained in accordance with HUD/EPA guidelines, (4) any active infestation of termites or other
223 woocl-destroying organisms is exterminated or treated, and all visible damage caused by active or past infestation is repaired or replaced;
224 and (5) toxic or pathogenic molds are no longer present within the dwelling(s) at levels exceeding those measured upon the exterior of the
225 dwelling. SELLER shall make a diligent effort to perform and complete all Remedial Action prior to the Closing Date, failing which a sum
226 equivalent to 200% of the estimated costs of completing the Remedial Action shall be paid by SELLER into escrow at closing pending
227 completion.
228 Systems and Equipment shall be deemed to be in Working Condition if operating in the manner designed to operate. The roof,
229 ceiling, interior and exterior walls, foundation, swimming pool, spa and pool/spa deck(s) shall be in Working Condition if structurally sound
230 and watertight. Seawalls and docks shall be in Working Condition if structurally sound. SELLER shall not be obligated to take Remedial
231 Action or grant a credit in lieu of Remedial Action with regard to any Cosmetic Condition, which is defined as an aesthetic imperfection which
232 does not affect the Working Condition of the item, including corrosion; tears; wom spots; discoloration of floor covering or wallpaper or
233 window treatments; missing or torn screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows,
234 driveways, sidewalks, pool/spa decks and garage, tile, lanai and patio floors; and cracked roof tiles, curling or worn shingles and limited roof
235 life, so long as there is no evidence of structural damage or leakage.
236 No cost to repair or replace any Systems and Equipment item shall exceed the fair market value of that item if it were in Working
237 Condition.
238 c. WALK. THROUGH INSPECTION: BUYER (or a designated representative) may conduct a walk-through inspection of the Property
239 prior to closing or possession, whichever is earlier, to confirm: (1) completion of any Remedial Action agreed to by SELLER in Standard
240 D.2.b. above, (2) that the personal property items which are being conveyed as part of this Contract remain on the Property, (3) that the
241 personal property items which are not being conveyed as part of this Contract have been removed from the Property, and (4) that SELLER
242 has maintained the Property as required in Standard D.2.d. below. Upon reasonable notice, SELLER shall provide access and utilities
243 service to the Property to facilitate the walk-through inspection.
244 If SELLER fails to maintain the Property as required in this Standard, or if the Property suffers any loss or damage prior to the Closing
245 Date, SELLER shall, at BUYER's request, either perform Remedial Action prior to the Closing Date, or provide a credit agreeable to BUYER
246 at closing for the estimated cost of the Remedial Action, failing which, SELLER shall escrow at closing a sum equivalent to 200% of the
247 estimated costs of the Remedial Action, for payment to appropriately licensed contractor(s) performing the Remedial Action.
248 Notwithstanding the foregoing, if any casualty loss or damage occurring after the Effective Date of this Contract renders the Property at
249 closing either: (a) uninsurable under the residential underwriting standards of the Citizens Property Insurance Corporation, or (b) unfit for
250 habitation under state or local building codes, either BUYER or SELLER may terminate this Contract.
251 d. MAINTENANCE OF PROPERTY; RISK OF LOSS: SELLER shall maintain the Property (including without limitation the lawn,
252 shrubbery, and landscaping) in the condition existing on the Effective Date until the Closing Date or date of possession, whichever is earlier,
253 except for ordinary wear and tear and any Remedial Action agreed to by SELLER under Standard D.2.b. above. Any future loss and/or
254 damage to the Property between the Effective Date of this Contract and the Closing Date or date of possession, whichever is earlier, shall be
255 at SELLER's sole risk and expense. SELLER shall maintain all existing casualty insurance on all improvements on the Property until
256 disbursement.
257 STANDARD E . SELLER'S INSTRUMENTS AND EXPENSES. SELLER shall pay for and provide, when applicable, including any sales tax
258 due thereon: (1) the title evidence or credit specified in Standard B; (2) if the Property is located in Lee or Charlotte County, the premium for
259 the owners title insurance policy issued by the closing agent selected by BUYER, and the charges for title search, title examination, and title
260 continuation through the date of deed recording; (3) preparation of statutory warranty deed (or special warranty deed if SELLER is a
261 fiduciary), bill of sale with warranties of ownership and freedom from encumbrances, condominiumlhomeowner association estoppel letter(s) ,
262 tenant estoppelletter(s), copies and assignment(s) of lease(s), and an affidavit regarding liens, possession, and withholding under FIRPTA,
263 in a form sufficient to allow "gap" coverage by title insurance; (4) mortgage payoff letter from existing lender(s); (5) documentary stamps on
264 deed; (6) real estate broke~s compensation (to be disbursed by closing agent at closing); (7) utility services to the Closing Date; (8) the full
265 amount of condominium/homeowner association special assessments and govemmentally imposed liens or special assessments (other than
266 CDD/MSTU assessments which are addressed in Paragraph 5), which are a lien or a special assessment that is certain as to the identity of
267 the lienor or assessor, the property subject to the lien or special assessment, and the amount of the lien or special assessment, on or before
268 the Effective Date; (9) SELLER's attorney fees and closing fees, (10) if SELLER is subjectto withholding under FIRPTA, reasonable charges
269 associated with withholding, escrowing and/or remitting funds, and/or preparing the withholding certificate application and/or tax return
270 related thereto.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 1/1/2009) Page 7 of 10
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271 STANDARD F . BUYER'S INSTRUMENTS AND EXPENSES. BUYER shall pay for and provide, when applicable, including any sales tax
272 due thereon: (1) recording fee for deed; (2) all costs of any institutional loan secured by BUYER; (3) the premium for lender title insurance
273 policy, and if the property is located in Collier County, the premium for the owners title insurance policy issued by the closing agent selected
274 by BUYER and the charges for title search, title examination, and title continuation through the date of deed recording; (4) recording
275 membership approval; (5) survey; (6) condominium/homeowner association membership transfer fee; (7) condominium/homeowner
276 association resale transfer fee/capital contribution; (8) pending liens or special assessments (liens or special assessments other than those
277 described in Standard E(8)}. If it is determined that there are pending liens or special assessments which do not fall under Standard E(8}
278 above, which were not disclosed in writing to BUYER by SELLER prior to or concurrent with the execution of this Contract, and which exceed
279 a sum equivalent to 1 % of the purchase price, BUYER may terminate this Contract, u~less SELLER agrees in writing to pay the portion of
280 such pending liens or special assessments in excess of 1 % of the purchase price. SELLER agrees to pay into escrow at closing a
281 reasonable sum to insure that the excess will be paid; and (9) BUYER's attorneys fees.
282 STANDARD G - PRORATIONS; CREDITS. These items will be prorated as of the Closing Date, with BUYER charged with and entitled to
283 the Closing Date, or the possession date, whichever is earlier: (1) ad valorem and non ad valorem real and personal property taxes based on
284 the current year (if available), otherwise on the prior yea~s bill (without discount or exemptions no longer available in the year of closing). If
285 completed improvements exist on the Property for which a certificate of occupancy was issued as of January 1 st of the year of closing, which
286 did not exist on January 1 st of the prior year, taxes shall be estimated for proration by applying the current year millage rate to the current
287 year taxable value of the Property. If the current year millage rate is not fixed, the prior year millage rate shall be applied. If the current year
288 taxable value is not fixed, the taxes shall be estimated for proration by applying the most current fixed millage rate to a sum equivalent to
289 80% of the purchase price. A tax proration based upon any estimated tax shall, at the request of either party, be re-prorated based on the
290 actual tax bill amount; (2) interest on any assumed indebtedness; (3) rents; (4) condominium/homeowner association assessments and
291 CDD/MSTU operating and maintenance assessments; (5) county waste assessments; and (6) appliance service contracts assumed by
292 BUYER. BUYER shall receive from SELLER at closing a credit equivalent to the amount of any security deposit and prepaid rents held by
293 SELLER, and any accrued interest thereon, or alternatively, ownership or an assignment of the account in which the deposits and prepaid
294 rents, and any accrued interest thereon, are held.
295 STANDARD H . HOMEOWNERS' ASSOCIATION DISCLOSURE. If the Property is located within and governed by a mandatory
296 homeowners' association, the following provisions are incorporated into this Contract:
297 IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE
298 PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY
299 DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO
300 CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST.
301 ANY PURPORTED WAIVER OF THIS VOIDABILlTY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL
302 TERMINATE AT CLOSING.
303 BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE "HOMEOWNERS' ASSOCIATION
304 DISCLOSURE SUMMARY," WHICH IS ATTACHED TO AND MADE A PART OF THIS CONTRACT.
305 STANDARD I . CONDOMINIUM RESALE DISCLOSURE; VOIDABILITY RIGHTS. If the Property is a condominium unit(s), the following
306 provisions are incorporated into this Contract: THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE
307 BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS, AFTER THE
308 DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE
309 DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A COPY
310 OF THE MOST RECENT YEAR.END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS
311 DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABILlTY RIGHTS SHALL BE OF NO
312 EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS,
313 SUNDAYS AND LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, BYLAWS,
314 AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR.END FINANCIAL INFORMATION AND
315 FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS
316 AGREEMENT SHALL TERMINATE AT CLOSING. BUYER shall also be entitled to receive a copy of the governance form required by
317 Florida Statutes, and the above stated right of BUYER to cancel this Contract shall apply to BUYER's receipt of said governance form in the
318 same manner as applies to the other above-referenced condominium documents. BUYER, by its execution of this Contract, hereby requests
319 a current copy of the above referenced condominium documents.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 1/1/2009) Page 8 of 10
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320 STANDARD J. CONDOMINIUM/HOMEOWNER ASSOCIATION PROVISIONS; MEMBERSHIP APPROVAL. Any condominiurrv'homeowner
321 association reserve account(s) is included in the purchase price. If association membership approval is required, BUYER shall, not later than
322 10 days after the Effective Date, make application for same in the name(s) in which title will be taken, and shall comply with all governing
323 requirements of the association and be responsible for securing membership approval. If no approval has been obtained prior to closing,
324 either BUYER or SELLER may terminate this Contract. SELLER shall obtain a letter(s) from the association(s) which sets forth the amounts,
325 periods and payment status of assessments and transfer fees and resale capital contributions, and deliver same to the BUYER not later than
326 15 days prior to the Closing Date. Some condominiums exist upon a leasehold estate or have associated recreational leases whi ch may
327 require the payment of rents, taxes, maintenance, replacement and repair. BUYER takes title subject to any such lease. If the condominium
328 exists solely upon a leasehold estate, SELLER will assign its sublease to BUYER at closing.
329 STANDARD K - MORTGAGE LENDER POLICIES. If BUYER obtains institutional mortgage financing, the policies of the lending
330 institution shall prevail as to the procedures for closing and disbursement of mortgage loan proceeds.
331 STANDARD L - ESCROW; ESCROW AGENT(S). The escrow agent who accepts in escrow the deposit(s) paid under this Contract (the
332 "Escrow Agent") shall hold the deposit(s) within the State of Florida in escrow until the earlier of: (1) delivery to another Escrow Agent for
333 closing, who by acceptance agrees to these terms and becomes the Escrow Agent (the Escrow Agent holding the deposit(s) is authorized to
334 so transfer the funds and is relieved of all liability for the funds delivered); (2) delivery of the deed, with payment of the deposit(s) as part of
335 the purchase price of the Property; (3) such time as BUYER may be entitled to return of the deposit(s); or (4) delivery pursuant to written
336 direction of the parties, at which time the Escrow Agent shall pay all of the deposit(s) to the party(ies) entitled thereto. The Escrow Agent
337 shall not be liable for the payment of any interest, damages, attorneys fees or court costs in any action brought to recover the deposit(s) held
338 in escrow, or any part thereof, unless the Escrow Agent shall fail or refuse to pay over any such deposit(s) pursuant to a ju dgment, order or
339 decree that shall be final beyond possibility of appeal. In any proceeding which litigates the disposition of the deposit(s), the Escrow Agent
340 shall be entitled to be paid reasonable attorneys fees and court costs, which shall be paid by the non-prevailing party. The Escrow Agent has
341 no duty to collect or attempt to collect any deposit or check given as a deposit, but shall give the parties written notice of: (a) any deposit that
342 is not received not later than 5 days after its due date, and (b) any deposit check that is not paid on presentation, not later than 5 days of
343 learning of its dishonor. If the Escrow Agent is a licensed real estate broker, the Escrow Agent shall comply with the requirements of Chapter
344 475, Florida Statutes.
345 STANDARD M . FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPT A) WITHHOLDING. A SELLER who is aU. S. citizen or
346 resident alien and who furnishes BUYER with an affidavit attesting to same, is exempt from FIRPTA withholding. If SELLER is a foreign
347 person or entity, BUYER shall deduct and withhold from the purchase price, or collect from SELLER if the net proceeds are insufficient,
348 10% of the purchase price (the "FIRPTA Funds"), and remit same to the Internal Revenue Service (the "IRS") within 10 days after the Closing
349 Date, unless: (1) the purchase price is not more than $300,000.00 and BUYER executes a certificate establishing that BUYER's acquisition
350 of the Property is for use as BUYER's residence in accordance with the Internal Revenue Code and all applicable regulations related to that
351 exemption; or (2) SELLER furnishes to BUYER, not later than the Closing Date, proof of submittal to the IRS of an application for withholding
352 certificate, in which event the closing agent (or other third party mutually designated by SELLER and BUYER) shall hold the FIRPT A Funds
353 in escrow pending receipt of the withholding certificate, and shall remit the sum reflected in the withholding certificate to the IRS within
354 10 days of receipt of the withholding certificate, and shall promptly refund any remaining balance to SELLER. SELLER shall hold BUYER
355 harmless and indemnify BUYER for not withholding or collecting the FIRPTA Funds or for withholding and remitting only such reduced
356 amount reflected in the withholding certificate. BUYER shall provide to SELLER evidence of remittance of all or any portion of the FIRPTA
357 Funds to the IRS. The failure of either party to comply or to allow compliance with the requirements of FIRPTA and related regulations shall
358 constitute a breach of this Contract.
359 STANDARD N - QUICK CLOSING; INSURABILITY; CLOSING DATE EXTENSION. If the Closing Date does not allow sufficient time for
360 performances by SELLER and BUYER within the time frames and by the deadlines set forth in this Contract, the parties agree to undertake
361 and complete all performances, inspections, surveys, examinations, delivery of documents, notices, satisfaction of contingencies and all
362 other actions required of or allowed to either party prior to the Closing Date, except that the statutory time period setforth in Standards Hand
363 I shall not be affected by this provision. If BUYER is unable to obtain hazard, flood, wind or homeowners insurance at a reasonable rate due
364 to extreme weather conditions, BUYER may delay the Closing Date up to 5 days after such coverage becomes available. If such coverage
365 does not become available for a period of 30 continuous days, either SELLER or BUYER may terminate this Contract.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 1/1/2009) Page 9 of 10
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366 ST ~NDARD O. TIME OF PERFORMANCE AND REMEDIES. Time is of the essence for closing title. If BUYER does not perform BUYER's
367 obligations hereunder (except as excused by SELLER's default) all deposits made shall be paid to SELLER as liquidated damages, which
368 shall be SELLER's exclusive remedy. If SELLER does not perform SELLER's obligations hereunder (except as excused by BUYER's
369 default), BUYER may enforce this Contract by a suit for specific performance, damages, or may terminate this Contract.
370 ST ~NDARD P - LITIGATION; ATTORNEYS FEES AND COSTS. In connection with any litigation concerning this Contract, venue shall be
371 in the county where the Property is located, and the prevailing party shall be entitled to recover reasonable attorneys fees and court costs,
372 including on any appeals, from the non-prevailing party. The term "prevailing party" shall include SELLER, BUYER, and any broker acting in
373 an agency or non-agency relationship recognized under Chapter 475, Florida Statutes. For purposes of this Standard, any such broker shall
374 be an intended third party beneficiary.
375 ST A.NDARD Q - NOTICE AND DISCLOSURES. All notices and disclosures must be in writing. Unless a party is required by law to
376 deliver notice or a disclosure directly to the other party, all notices and disclosures required or permitted under this Contract shall be effective
377 when given by a party or that party's broker or attorney to the other party or said other party's broker or attorney.
378 STANDARD R. MISCEllANEOUS. (1) The parties have agreed to deal in good faith and to diligently work toward a timely closing. (2) The
379 singular case or tense shall include the plural case or tense. (3) This Contract may only be modified in writing by the parties. (4) All
380 references in this Contract to a number of days shall mean calendar days. (5) Except as otherwise expressly provided by law, if any
381 deadline falls on a Saturday, Sunday, or federal legal holiday, said deadline shall be extended to the following business day. (6) As
382 used herein, the terms "real estate broker" or broker" shall include all real estate brokers, brokerage corporations or business entities, and
383 their respective sales associates involved in this transaction. (7) All title evidence, condominium documents and other documents provided to
384 BUYER by or on behalf of SELLER are the property of SELLER until closing and shall be immediately returned to SELLER if this Contract is
385 termi nated. (8) If either SELLER or BUYER is permitted to terminate this Contract, said party shall do so by giving notice of said termination
386 to the other party, whereupon all deposits made by BUYER shall be promptly returned to BUYER, this Contract shall be of no further force
387 and effect, and the parties shall have no further liability to one another hereunder except as set forth herein. (9) The headings used in this
388 Contract are for convenience of reference only and shall not be used for interpreting the meaning of any provisions of this Contract. (10) All
389 provisions of this Contract which by their nature or context require performance or provide rights after the Closing Date, including without
390 limitation the provisions of Standard P, shall survive closing. (11) Signatures and initials communicated by electronic or facsimile
391 transmission shall be binding. (12) This Contract may be signed in counterparts, and said counterparts shall collectively constitute the entire
392 agreement of the parties. (13) Upon reasonable notice, SELLER shall provide access to the Property to appraiser(s) and surveyor(s) retained
393 by BUYER.
394 STANDARD S . NEGOTIATED TERMS; REPRESENTATIONS. Any and all terms negotiated between the parties must be written into this
395 Contract. BUYER's decision to buy was based upon BUYER's own investigation ofthe Property. BUYER holds the broker(s) harmless from
396 all liability or loss caused by SELLER's failure to disclose material facts in accordance with this Contract, representations regarding the
397 Property's condition, or broker's referral, recommendation, or retention of any vendor. The parties agree that assistance to a party by a
398 broker does not, and will not, make the broker responsible for performance.
399 STANDARD T . BINDING CONTRACT; lEGAL COUNSEL. THE PARTIES ARE NOT REQUIRED TO USE ANY PARTICULAR FORM OF
400 CONTRACT. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS, OBJECTIVES AND
401 BARGAINING POSITIONS OF THE PARTIES. APPROVAL OF THIS FORM BY THE COLLIER COUNTY BAR ASSOCIATION AND
402 ASSOCIATIONS OF REALTORS DOES NOT CONSTITUTE AN OPINION THAT ANY OF THE TERMS AND CONDITIONS IN THIS
403 CONTRACT SHOULD BE ACCEPTED BY A PARTY IN A PARTICULAR TRANSACTION. THIS IS A LEGALLY BINDING CONTRACT
404 FORM. EACH PARTY ACKNOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT, THE CLOSING EXPENSES HAVE BEEN
405 EXPLAINED, REAL ESTATE TRANSACTION STANDARDS A THROUGH T HAVE BEEN RECEIVED AND REVIEWED, AND THAT PARTY
406 HAS BEEN ADVISED BY THE REAL ESTATE BROKER TO SEEK LEGAL COUNSEL AND TITLE INSURANCE TO PROTECT THAT
407 PARTY'S INTEREST IN CONNECTION WITH THE TITLE STATUS AND CLOSING OF THIS TRANSACTION. BUYER AND SELLER ARE
408 ADVISED TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, PROPERTY CONDITION, ENVIRONMENTAL, AND
409 OTHER SPECIALIZED ADVICE. THIS CONTRACT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES
410 HERETO, THEIR HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND SUCCESSORS IN INTEREST.
SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) (NABOR 1/1/2009) Page 10 of 10
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Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
Select Portfolio Servicing, Inc., as attorney-in-fact
Collier Countv. A Political Subdivision of the State of FL
282039'. Ave NE
NaDles. FL 34120
Mav 29. 2009
$83.966
Does the Property include a residential dwelling built prior to 1978? Check One L) Yes; (K) No.
If yes, the parties must complete the attached Disclosure Of Information On Lead-Based Paint
and/or Lead-Based Paint Hazards.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Seller and
Purchaser agree as follows:
I. Not Bindin~ Until Accepted Bv Seller. Notwithstanding any verbal acknowledgment by Seller or any agent of Seller,
Purchaser acknowledges and agrees that the Agreement is not binding on Seller unless and until approved by Seller's management
and this Addendum is executed by all parties. The date of execution by Seller of this Addendum shall be referred to herein as the
"Seller Acceotance Date." Notwithstanding Seller's acceptance, Purchaser acknowledges and agrees that the Property is subject to
prior sale or withdrawal from the market by Seller at any time, without notice, and Seller reserves the right to consider and reject any
and all offers received for the Property including Purchaser's offer.
2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be paid to Seller in certified funds at the
Closing (defined below).
LOAN NO.: #:0010864122
NOTICE: The property that is the subject of this Addendum is subject to prior sale or withdrawal from the market at any
time, without notice, and Select Portfolio Servicing, Inc. reserves the right to consider and reject any and all offers received
for the property. Any offer to purchase must be based solely on the purchaser's own investigation and no representations or
warranties will be made by Select Portfolio Servicing, Inc. except as may be provided in this Addendum, and any sale will be
subject to the terms and conditions of this Addendum.
THIS ADDENDUM TO REAL ESTATE PURCHASE CONTRACT ("Addendum") is made a part of, and incorporated
into, that certain Real Estate Purchase Contract dated the 20'. day of March 2002 ("Contract") between Seller and Purchaser with
regard to the Property (as such terms are defined below). This Addendum and the Contract are sometimes herein referred to
collectively as the "Agreement."
"Seller" Name:
"Purchaser" Name:
"~" address:
Closing Date:
Purchase Price:
Lead Paint Disclosure:
3. Earnest Monev. Immediately following Seller's acceptance of the Agreement, escrow will be opened by both parties with an
escrow agent designated by Seller or otherwise acceptable to Seller. Purchaser shall deposit with Seller or Seller's escrow agent an
earnest money deposit eElll8l la tlole greater af 3~( af the PlII"ehese PAee ar of $8,500 ("Earnest Money") within 21 hallfll af Seller's
written aeeeJltWlee af Ihe ".grellRlllflt upon verbal acceptance of offer.
4. Time ofthe Essence' Closin~ Date.
(a) Subject to Seller's right to extend the Closing Date (defined below), the parties agree that time is of the essence with
respect to all dates specified herein, and Purchaser's performance under the Agreement and any addenda, riders or amendments
thereto.
(b) The closing of the purchase and sale of the Property ("~") shall be held in the offices of Seller's attorney or
agent, or at a place designated and approved by Seller, unless otherwise required by applicable law. The date of the Closing ("M!!
29,2009") shall take place on or before the date set forth on page I of this Addendum, or within five (5) days of final loan approval
by Purchaser's lender, whichever is earlier, unless the Closing Date is extended in a writing signed by Seller and Purchaser pursuant
to Section 4(c) or otherwise extended by Seller under the terms of Section 19 of this Addendum. If the Closing does not occur by the
Closing Date, or in any written extension, the Agreement shall automatically terminate and Seller shall retain any Earnest Money as
liquidated damages.
(c) In the event Purchaser requests an extension of the Closing Date (which request shall be made in writing) and the
Seller agrees to the extension, Purchaser shall pay to Seller a per diem extension fee ("Extension Fee") in the amount of $100.00 for
each calendar day through and including the Closing Date specified in the written extension agreement. The Extension Fee shall be
deposited in certified funds with Seller or other party designated by Seller at the time of Purchaser's request to extend the Closing
Date. Purchaser acknowledges and agrees that Seller will incur carrying costs related to any extension of the Closing Date and
accordingly that the Extension Fee shall not be credited to Buver at ClosiDl! and shall be in addition to the Purchase Price. The
Extension Fee shall be nonrefundable to Purchaser except in the event Seller terminates the Agreement pursuant to Section 19.
5. Financinl! Contjn~encv. Purchaser's obligation to purchase the Property under the Agreement (check one): U IS. (K) ~
NOT contingent on Purchaser obtaining financing for the purchase of the Property.
(a) If Purchaser's obligation to purchase the Property is contingent on financing, Purchaser shall apply for and
diligently pursue thereafter a loan at prevailing rates, terms and conditions. Purchaser shall complete and submit to a mortgage lender
an application for a mortgage loan within three (3) calendar days of the Seller Acceptance Date. Purchaser shall use diligent efforts to
obtain a mortgage loan commitment within fifteen (IS) days of the date of Seller Acceptance Date. If, despite Purchaser's diligent
efforts, Purchaser cannot obtain a mortgage loan commitment within the specified period, then either Purchaser or Seller may
terminate the Agreement by giving written notice to the other party. In the event ofa proper and timely termination of the Agreement
under this Section 5(a), the Earnest Money shall be returned to Purchaser and the partIes shall have no further obligation to each other
under the Agreement.
(b) Purchaser shall ensure that the lender selected by Purchaser to finance the sale shall provide applicable funding to
the settlement agent selected by Seller on or before the date of settlement. Purchaser shall further ensure that the selected lender shall
provide all lender prepared closing documentation to the settlement agent no later than 48 hours prior to settlement. Purchaser
acknowledges and agrees that Purchaser shall be in default under Section 20 of this Addendum if Purchaser's lender fails to fund
and/or provide closing documentation as required by this Section 5(b) and that any extensions to Closing shall be subject to the
provisions of Section 4(c) of this Addendum.
Select Portfolio Servicing, Inc. (Rev. 8/05/04)
Purchaser's InitiaJs:
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
LOAN NO: #:0010864122
6. Inspection.
(a) On or before the date that falls seven (7) calendar days after the Seller Acceptance Date, Purchaser shall inspect the
Property or obtain for its own use, benefit and reliance, inspections and/or reports on the condition of the Property; otherwise,
Purchaser shall be deemed to have waived such inspection and any objections to the condition of the Property and to have accepted
the condition of the Property for all purposes. Purchaser shall keep the Property free and clear of liens and indemnifY and hold Seller
harmless from all liability claims, demands, damages, and costs related to Purchaser's inspection. Purchaser shall promptly repair all
damages arising from or caused by the inspections.
(b) Purchaser shall not directly or indirectly cause any inspection to be made by any government building or zoning
inspector or government employee without the prior written consent of Seller, unless such inspection is required by law. In any event,
Purchaser shall provide written notice to Seller prior to any inspection to be made by any government building or zoning inspector or
government employee.
(c) If Seller has winterized the Property and Purchaser desires to have the Property inspected, the listing agent will have
the Property dewinterized prior to inspection and rewinterized after inspection. Purchaser agrees to pay the expense of the foregoing
dewinterization and rewinterization in advance to the listing agent. All amounts paid under this provision shall be nonrefundable.
(d) Within three (3) calendar days of receipt of any inspection report prepared by or for Purchaser, but not later than ten
(10) days from the Seller Acceptance Date, whichever first occurs, Purchaser will provide written notice to Seller of any disapproved
items. Purchaser's failure to provide written notice shall be deemed as acceptance of the condition of the Property. Upon request by
Seller, Purchaser shall provide to Seller, at no cost, complete copies of all inspection reports upon which Purchaser's disapproval of
the condition of the Property is based. In no event shall Seller be obligated to make any repairs or replacements whatsoever that may
be indicated in Purchaser's inspection reports. Seller may, in its sole discretion, make such repairs to the Property under the terms
described in Section 8 of this Addendum. If Seller elects not to repair the Property, Purchaser may cancel the Agreement not later
than ten (10) days from the Seller Acceptance Date and the Earnest Money shall be returned to Purchaser. If Seller elects to make any
such repairs to the Property, Seller shall notify Purchaser after completion of the repairs and Purchaser shall have three (3) days from
the date of notice to inspect the repairs and notify Seller of any disapproved items. Purchaser's failure to disapprove in writing such
repairs shall be deemed as Purchaser's acceptance thereof
(e) In situations that are applicable, a structural, electrical, mechanical or termite inspection report may have been
prepared for the benefit of Seller. Upon request, Purchaser will be allowed to review the report to obtain the same information and
knowledge Seller has about the condition of the Property but Purchaser acknowledges that the inspection reports were prepared for
the sole use and benefit of Seller. Purchaser shall not rely upon any such inspection reports obtained by Seller in making a decision to
purchase the Property.
(1) If the Property is a condominium or planned unit development or co-operative, unless otherwise required by law,
Purchaser, at Purchaser's own expense, is responsible for obtaining and reviewing the covenants, conditions and restrictions and
bylaws of the condominium, the planned unit development or the cooperative within seven (7) days of the Seller Acceptance Date.
Seller agrees to use reasonable efforts. as determined in Seller's sole discretion, to assist Purchaser in obtaining a copy of the
covenants, conditions and restrictions and bylaws. Purchaser will be deemed to have accepted the covenants, conditions and
restrictions and bylaws if Purchaser does not notify Seller in writing, within ten (J 0) days of the Seller Acceptance Date, of
Purchaser's objection to the covenants, conditions and restrictions and/or bylaws.
(g) This Section 6(g) shall govern and apply if the Property includes a residential dwelling built prior to 1978. The
parties agree to execute and deliver the attached DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-
BASED PAINT HAZARDS. Unless Purchaser has waived the right to conduct an inspection, the following shall apply:
OPPORTUNITY TO CONDUCT A LEAD PAINT RISK ASSESSMENT OR INSPECTION:
Purchaser's obligation to purchase the Property is conditioned upon Purchaser's approval of a risk assessment or inspection
of the Property for the presence of lead-based paint and/or lead-based paint hazards. The risk assessment or inspection
("Risk Assessment") of the Property shall be paid for by Purchaser and shall be conducted by individuals or entities of
Purchaser's choice. Seller shall cooperate in making the Property available for the Risk Assessment.
The deadline for Purchaser to complete and review the Risk Assessment ("Risk Assessment Deadline") shall be (Check one
box):
~ ten calendar days after Seller Acceptance Date; OR
L-J calendar days after Seller Acceptance Date
If the results of the Risk Assessment are not acceptable to Purchaser, Purchaser may either (a) provide written objections to
Seller as provided in Section 6 of this Addendum; or (b) immediately cancel the Agreement by providing written notice of
cancellation to Seller by the Risk Assessment Deadline, together with a copy of the Risk Assessment report. Upon receipt of
a copy of Purchaser's written notice of cancellation, the Earnest Money shall be returned to Purchaser.
If Purchaser does not immediately cancel the Agreement as provided above, Purchaser may, by the Risk Assessment
Deadline, provide Seller with written objections and a copy of the Risk Assessment report. Purchaser and Seller shall have
seven (7) calendar days after Seller's receipt of the objections (the "Response Period") in which to agree in writing upon a
manner of resolving Purchaser's objections. Seller may, but shall not be required to, resolve Purchaser's objections.
If Purchaser and Seller have not agreed in writing upon the manner of resolving Purchaser's objections, Purchaser may
cancel the Agreement by providing written notice to Seller no later than three (3) calendar days after expiration of the
Response Period. Upon receipt of a copy of Purchaser's written notice of cancellation, the Earnest Money shall be returned
to Purchaser.
If Purchaser does not deliver a written objection to Seller regarding the results of the Risk Assessment, or cancel the
Agreement, any objections to the results of the Risk Assessment shall be deemed waived by Purchaser and Purchaser shall
take the Property "AS-IS" with regard to any lead-based paint or lead-based paint hazards that may be present in the
Property.
REOLSTAG Revl2
Selecl Portfolio ServiCing, Inc. (Rev. 8/05/04)
5]5067.]0
Purchaser's Initials:
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
LOAN NO: #:0010864122
7. Condition of PropertY. PURCHASER ACKNOWLEDGES AND UNDERSTANDS THAT SELLER ACQUIRED THE
PROPERTY BY FORECLOSURE, DEED IN LIEU OF FORECLOSURE, FORFEITURE, TAX SALE, RIGHT OF EMINENT
DOMAIN OR SIMILAR PROCESS, AND SELLER CONSEQUENTLY HAS NO DIRECT KNOWLEDGE CONCERNING THE
CONDITION OF THE PROPERTY. AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY SELLER
UNDER THIS AGREEMENT AS NEGOTIATED AND AGREED TO BY PURCHASER AND SELLER, PURCHASER
ACKNOWLEDGES AND AGREES TO ACCEPT THE PROPERTY IN "AS-IS," "WHERE-IS" CONDITION AT THE TIME OF
CLOSING, INCLUDING, WITHOUT LIMITATION, ANY HIDDEN DEFECTS, ENVIRONMENTAL CONDITIONS
AFFECTING THE PROPERTY, OR THE EXISTENCE OF MOLD (AS DEFINED BELOW), WHETHER KNOWN OR
UNKNOWN, WHETHER SUCH DEFECTS OR CONDITIONS WERE DISCOVERABLE THROUGH INSPECTION OR NOT
PURCHASER ACKNOWLEDGES THAT SELLER, ITS AGENTS AND REPRESENTATIVES HAVE NOT MADE, AND
SELLER SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES,
COVENANTS, AGREEMENTS OR GUARANTIES, IMPLIED OR EXPRESS, ORAL OR WRITTEN IN RESPECT TO:
(a) THE PHYSICAL CONDITION OR ANY OTHER ASPECT OF THE PROPERTY, INCLUDING THE
STRUCTURAL INTEGRITY OR THE QUALITY OR CHARACTER OF MATERIALS USED IN CONSTRUCTION OF ANY
IMPROVEMENTS, AVAILABILITY AND QUANTITY OR QUALITY OF WATER, STABILITY OF THE SOIL,
SUSCEPTIBILITY TO LANDSLIDE OR FLOODING, SUFFICIENCY OF DRAINAGE, WATER LEAKS, WATER DAMAGE,
MOLD OR ANY OTHER MATTER AFFECTING THE STABILITY, INTEGRITY OR SAFETY OF THE PROPERTY OR
IMPROVEMENTS.
(b) THE CONFORMITY OF THE PROPERTY OR THE IMPROVEMENTS TO ANY ENVIRONMENTAL,
ZONING, LAND USE OR BUILDING CODE REQUIREMENTS OR COMPLIANCE WITH ANY LAWS. RULES,
ORDINANCES OR REGULATIONS OF ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITY, OR THE
GRANTING OF ANY REQUIRED PERMITS OR APPROVALS, IF ANY, OF ANY GOVERNMENTAL BODIES WHICH HAD
JURISDICTION OVER THE CONSTRUCTION OF THE ORIGINAL STRUCTURE, ANY IMPROVEMENTS AND/OR ANY
REMODELING OF THE STRUCTURE
(c) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE PROPERTY OR IMPROVEMENTS, INCLUDING REDHIBITORY VICES AND DEFECTS,
APPARENT, NONAPPARENT OR LATENT, WHICH NOW EXIST OR WHICH MAY HEREAFTER EXIST AND WHICH IF
KNOWN TO PURCHASER, WOULD CAUSE PURCHASER TO REFUSE TO PURCHASE THE PROPERTY.
(d) Mold, mildew, spores and/or other microscopic organisms and/or allergens (collectively referred to herein as
"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/or respiratory reactions or
other problems, particularly in persons with immune system problems, young children and/or elderly persons. Mold has also been
reported to cause extensive damage to personal and real property. Mold may have been removed or covered in the course of any
cleaning or repair of the Property. Purchaser acknowledges that if Seller or any of Seller's employees, contractors, or agents cleaned
or repaired the Property or remediated Mold contamination, Seller does not in any way warrant the cleaning, repair or remediation.
Purchaser accepts full responsibility for all hazards that may result from the presence of Mold in or around the Property. Purchaser is
satisfied with the condition of the Property notwithstanding the past or present existence of Mold in or around the Property, and
Purchaser has not in any way relied upon any representations of Seller, Seller's employees, officers, directors, contractors, or agents
concerning the past or present existence of Mold in or around the Property.
(e) In the event the Property is affected by an environmental hazard, as determined by Seller, either party may terminate
the Agreement. In the event Seller decides to sell the Property to Purchaser and Purchaser agrees to purchase the Property, Purchaser
agrees to execute an indemnity and general release at Closing, in a form acceptable to Seller, releasing Seller from any liability related
to environmental hazards or conditions on the Property. In the event Purchaser elects not to execute the disclosure and release, the
Agreement shall, at Seller's discretion, automatically terminate and be of no further force or effect.
(f) In the event Seller has received official notice that the Property is in violation of building codes or similar laws or
regulations, Seller may terminate the Agreement or delay the Closing Date or Purchaser may terminate the Agreement. In the event
the Agreement is terminated by either Purchaser or Seller pursuant to this Section 7( f), any Earnest Money shall be returned to
Purchaser. If there is an enforcement proceeding arising from allegations of such violations before an enforcement board, special
master, court or similar enforcement body, and neither Purchaser nor Seller terminate the Agreement, Purchaser agrees (a) to accept
the Property subject to the violations, (b) to be responsible for compliance with the applicable code or regulation and with orders
issued in any code enforcement proceeding, and (c) to resolve the deficiencies as soon as possible after the Closing. Purchaser agrees
to execute any and all documents necessary or required for Closing by any agency with jurisdiction over the Property. Purchaser
further agrees to indemnitY Seller from any and all claims or liability arising from Purchaser's breach of this Section 7(f)
(g) The Closing shall constitute acknowledgment by Purchaser that Purchaser had the opportunity to retain an
independent, qualified professional to inspect the Property and that the condition of the Property is acceptable to Purchaser.
Purchaser agrees that Seller shall have no liability for any claims or losses Purchaser or Purchaser's successors or assigns may incur
as a result of construction or other defects which may now or hereafter exist with respect to the Property.
(h) Purchaser acknowledges and agrees that neither Seller nor Seller's agents have made nor will make any oral or
written representation or warranty regarding the accuracy of the address of the Property.
(i) Purchaser acknowledges and agrees that the Property was acquired through foreclosure, deed in I ieu of foreclosure,
forfeiture, tax sale, eminent domain or similar process Accordingly, to the fullest extent allowed by law, Seller shall be exempt from
providing or filing any disclosure statement with respect to the Property and Purchaser acknowledges and agrees to assume any
disclosure obligations of Seller. Purchaser shall execute and deliver to Seller at or prior to Closing such further documents as Seller
or its representatives may request with respect to the foregoing. If disclosures are required by state law, Purchaser hereby agrees to
waive such requirements. If required by state law, Purchaser shall, upon request, execute a written waiver of the disclosure provisions
of state law.
8. Repairs. Unless otherwise provided in Section 28 of this Addendum, Seller shall have no obligation to pay for or perform
any inspections or repairs to the Property whatsoever In the event Seller agrees to pay for or perform any inspections or repairs, this
Section 8 shall govern such inspections or repairs.
REOLSTAG R.:v12
Selecl Portfolio Servicing, Inc. (Rev. 8105/04)
53S067.10
Purch...,,',lnitial,:
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
LOAN NO: #:0010864122
(a) If Seller has agreed to pay for treatment of wood infesting organisms, Seller shall treat only active infestation. All
treatments for wood infesting organisms and other repairs will be completed by a vendor approved by Seller, and will be subject to
Seller's satisfaction only. Neither Purchaser nor its representatives shall enter upon the Property to make any repairs and/or
treatments prior to the Closing without the prior written consent of Seller. To the extent that Purchaser or its representatives make
repairs and/or treatments to the Property prior to the Closing, Purchaser hereby agrees to release and indemnify Seller from and
against any and all claims related in any way to the repairs and/or treatments and further agrees to execute a release and
indemnification and provide proof of liability insurance naming Seller as a loss payee, both in a form acceptable to Seller, prior to
entry on the Property and commencement of any such repairs or treatments.
(b) Purchaser acknowledges that all repairs and treatments are done for the benefit of Seller and not for the benefit of
Purchaser and that Purchaser has inspected or has been given the opportunity to inspect such repairs and treatments. Any repairs or
treatments made or caused to be made by Seller shall be completed prior to the Closing. Under no circumstances shall Seller be
required to make any repairs or treatments after the Closing Date.
(c) Purchaser acknowledges that the Closing of this transaction shall be deemed Purchaser's reaffirmation that
Purchaser is satisfied with the condition of the Property for all purposes and satisfied with all repairs and treatments to the Property
and waives all claims related to such condition and to the quality of the repairs or treatments to the Property. Any repairs or
treatments shall be performed for functional purposes only, and exact restoration of appearance or cosmetic items following any
repairs or treatments shall not be required. Seller shall not be obligated to obtain or provide to Purchaser any receipts for repairs or
treatments, written statements indicating dates or types of repairs or treatments performed, or copies of such receipts or statements,
nor any other documentation regarding any repairs and treatments to the Property. SELLER DOES NOT WARRANT OR
GUARANTEE ANY WORK, REPAIRS OR TREATMENTS TO THE PROPERTY WHATSOEVER.
9. Occuoancv Status of Property.
(a) Purchaser acknowledges that neither Seller nor its representatives, agents or assigns have made any warranties or
representations, implied or expressed, relating to the existence of any tenants or occupants at the Property, unless otherwise noted in
Section 28 of this Addendum. Purchaser acknowledges and agrees that the Closing of this transaction shall be deemed Purchaser's
reaffirmation that neither Seller nor its representatives, agents or assigns have made any warranties or representations, implied or
expressed, relating to the existence of any tenants or occupants at the Property unless otherwise noted in Section 28 of this
Addendum. Seller, its representatives, agents and assigns shall not be responsible for evicting or relocating any tenants or occupants
or personal property at the Property prior to or subsequent to the Closing unless otherwise specifically agreed to in writing by Seller.
(b) Purchaser further acknowledges and agrees that Seller is not, to the best of Purchaser's knowledge, holding any
security deposits from former or current tenants and has no information as to such security deposits as may have been paid by the
former or current tenants to anyone, and Purchaser agrees that no sums representing such tenant security deposits shall be transferred
to Purchaser as part of this transaction. Purchaser further agrees to assume all responsibility and liability for the refund of such
security deposits to the tenants pursuant to the provisions of applicable laws and regulations. All rent, due and payable and collected
from tenants for the month in which the Closing occurs, will be prorated according to the provisions of Section II of this Addendum.
(c) Purchaser acknowledges and agrees that the Property may be subject to the prov isions of local rent control
ordinances and regulations. Purchaser agrees that as of the Closing all eviction proceedings and other duties and responsibilities ofa
property owner and landlord, including but not limited to those proceedings required for compliance with such local rent control
ordinances and regulations, shall be Purchaser's sole responsibility and cost.
(d) If the Property is located in Alabama, Purchaser understands that the Property may be subject to redemption by the
prior owner upon payment of certain sums and Purchaser may be dispossessed of the Property. Purchaser is advised to consult with
an attorney to fully understand the import and impact of the foregoing. Purchaser acknowledges and agrees Purchaser shall have no
recourse against Seller whatsoever in the event the right of redemption is exercised.
10. Personal Prooertv Purchaser acknowledges and agrees that items of equipment, fixtures, and other items of personal
property, including but not limited to window coverings, appliances, manufactured homes, mobile homes, vehicles, spas, antennas,
satellite dishes and garage door openers, now or hereafter located on the Property (collectively, "Personal Property") shall not be
included in the sale of the Property or the Purchase Price unless each item of Personal Property is specifically described and
referenced in Section 28 of this Addendum Any Personal Property at or on the Property may be subject to claims by third parties
and, therefore, may be removed from the Property prior to or after the Closing Date. Seller makes no representation or warranty as to
the condition of any Personal Property, title thereto, or whether any personal property is encumbered by any liens. Purchaser assumes
full responsibility for any Personal Property remaining on the Property at the time of the Closing. ANY PERSONAL PROPERTY
SOLD BY SELLER SHALL BE ACCEPTED BY PURCHASER ON AN "AS IS, WHERE IS" BASIS WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, AND SPECIFICALLY EXCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
I I. Closinl! Costs and Adiustments.
(a) Purchaser and Seller agree to prorate the following expenses as of Closing and funding: municipal water and sewer
charges, utility charges, real estate taxes and assessments, common area charges, condominium or planned unit development or
similar community assessments, cooperative fees, maintenance fees, and rents, if any. In determining prorations, responsibility for the
day on which funding occurs shall be allocated to Purchaser. Payment of special assessment district bonds and assessments, and
payments of homeowner's association of special assessments shall be paid current and prorated between Purchaser and Seller as of
the Closing Date with payments not yet due and owing to be assumed by Purchaser without credit toward the Purchase Price
Property taxes shall be prorated based on an estimate or actual taxes from the previous year on the Property. All prorations shall be
based upon a 30-day month and, except as otherwise provided herein, all such prorations shall be final. Seller shall not be responsible
for any amounts due, paid or to be paid after Closing, including, but not limited to, any taxes, penalties or interest assessed or due as a
result of retroactive, postponed or additional taxes resulting from any change in use of, or construction on, or improvement to the
Property, or an adjustment in the appraised value of the Property. In the event Seller has paid any taxes, special assessments or other
fees and there is a refund of any such taxes, assessments or fees after the Closing, and Purchaser as current owner of the Property
receives the payment, Purchaser will immediately submit the refund to Seller. If the Property is heated or has storage tanks for fuel
oil, liquefied petroleum gases or similar fuels, Purchaser will buy the fuel in the tank at Closing at the current price as calculated by
the supplier.
REOLST AG Rev 12
Select Portfolio Servicing, Inc. (Rev 8/05/04)
535067.10
Purchaser's Initials:_
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
LOAN NO: #:0010864122
(b) Except as expressly assumed by Seller in Section 28 of this Addendum, Purchaser shall bear its own costs
(including attorneys' fees) in connection with its negotiation, due diligence investigation and conduct of the transaction contemplated
by the Agreement.
(c) Purchaser shall pay the cost of any survey. Recording fees, escrow fees and other customary closing costs shall be
allocated between Seller and Purchaser in the manner customary for residential real estate transactions in the metropolitan area or city
in which the Property is located.
Cd) SELLER AGREES TO PAY THE PREMIUM FOR AN OWNER'S POLICY OF TITLE INSURANCE ONLY IF
THE OWNER'S POLICY IS ISSUED BY SELLER'S SELECTED TITLE AGENT NOTWITHSTANDING LOCAL CUSTOM,
REQUIREMENTS OR PRACTICE, OR ANYTHING IN THE AGREEMENT TO THE CONTRARY, IF PURCHASER SELECTS
A TITLE AGENT TO ISSUE THE OWNER'S POLICY OF TITLE INSURANCE, PURCHASER SHALL BE OBLIGATED TO
PA Y THE ENTIRE PREMIUM FOR SUCH POLICY AND SELLER SHALL HA VE NO OBLIGATION TO PA Y ANY PORTION
OF SUCH PREMIUM.
(e) Seller shall pay a real estate commission pursuant to the listing agreement between Seller and Seller's listing broker.
Notwithstanding the foregoing, the commission paid by Seller shall be calculated based on the Purchase Price less the value of any
Seller concessions, such value to be determined by Seller in Seller's sole and absolute discretion. The real estate commission paid by
Seller shall be split equally between Seller's agent and Purchaser's agent and any referral fee to be paid by Seller's agent shall be the
sole responsibility of Seller's agent.
(f) All other costs and expenses, incl uding any cost, expense or tax imposed by any state or local entity not otherwise
addressed herein, shall be paid by Purchaser.
12. Deliverv of Funds. Regardless of local custom, requirements, or practice, upon delivery of the Deed by Seller to Purchaser,
Purchaser shall deliver all funds due Seller from the sale in the form of certified check or wire transfer.
13. Governmental Reauired Permits and Repairs. Except as prohibited by law, if the Property is located in a jurisdiction that
requires a certificate of occupancy, smoke detector certification, septic certification or any similar certification or permit or any form
of improvement or repair to the Property (collectively, "Permits and Repairs"), Purchaser acknowledges and agrees that Purchaser
shall be responsible for obtaining any and all of the Permits and Repairs at Purchaser's sole cost and expense. Purchaser shall make
application for all Permits and Repairs within ten (10) days of the Seller Acceptance Date. Purchaser shall not have the right to delay
the Closing due to Purchaser's failure or inability to obtain any required Permits and Repairs. Unless Seller declines to consent to a
required inspection or repair to the Property, the failure of Purchaser to obtain and furnish the Permits and Repairs shall constitute a
material breach of the Agreement. Notwithstanding the foregoing, neither Purchaser nor its representatives shall enter upon the
Property to make any repairs or treatments prior to the Closing without the prior written consent of Seller. To the extent the Purchaser
or its representatives make repairs or treatments to the Property prior to the Closing, Purchaser hereby agrees to release and indemnifY
Seller from and against any and all claims related in any way to the repairs and/or treatments and further agrees to execute a release
and indemnification and provide proof ofliability insurance naming Seller as a loss payee, both in a form acceptable to Seller, prior to
entry on the Property and commencement of any such repairs or treatments. If the Property is located in a jurisdiction that requires
Permits and Repairs and Seller declines to consent to a required inspection or repair to the Property, the Agreement shall terminate
and the Earnest Money shall be refunded to Purchaser.
14. Deliverv of Possession ofPropertv. Seller shall deliver possession of the Property to Purchaser at the Closing and funding of
the sale. Pursuant to Section 9 of this Addendum, the delivery of possession shall be subject to the rights of any tenants or parties in
possession. If Purchaser alters the Property or causes the Property to be altered in any way and/or occupies the Property or allows any
other person to occupy the Property prior to Closing and funding without the prior written consent of Seller, such event shall
constitute a breach by Purchaser under the Agreement and Seller may terminate the Agreement and Purchaser shall be I iable to Seller
for damages (including attorneys' fees and costs) caused by any such alteration or occupation of the Property prior to Closing and
funding, and Purchaser waives any and all claims for damages or compensation for improvements made by Purchaser to the Property,
including but not limited to any claims for unjust enrichment. Without limiting any remedy of Seller under this Addendum at law or
in equity, Seller shall also have the right to terminate the Agreement and retain the Earnest Money as liquidated damages for
Purchaser's default under this Section.
15. Form of Deed. The deed to be delivered at Closing shall be a deed that covenants that grantor grants only that title which
grantor may have and that grantor will only defend title against persons claiming by, through, or under the grantor, but not otherwise
(which deed may be known as a Special Warranty, Limited Warranty, Quit Claim or Bargain and Sale Deed). Any reference to the
term "Deed" in the Agreement shall be construed to refer to such form of deed.
16. Defects in Title. If Purchaser raises an objection to title to the Property which, if valid, would make title to the Property
uninsurable, Seller shall have the right unilaterally to terminate the Agreement by giving written notice of the termination to
Purchaser. If Seller chooses to correct the problem through reasonable efforts, as determined by Seller in its sole and absolute
discretion, prior to the Closing Date, including any written extensions, or if title insurance is available from a reputable title insurance
company selected by Seller at regular rates containing affirmative coverages for the title objections, then the Agreement shall remain
in full force and Purchaser shall perform pursuant to the terms set forth in the Agreement. Seller shall not be obligated to remove any
exception or to bring any action or proceeding or bear any expense in order to convey title to the Property or to make the title
marketable or insurable, and any attempt by Seller to remove such title exceptions shall not impose an obligation upon Seller to
remove those exceptions. Purchaser acknowledges that Seller's title to the Property may be subject to court approval of a foreclosure
or to a mortgagor's right of
redemption. In the event Seller is not able to (a) make the title insurable or correct any problems or (b) obtain title insurance from a
title insurance company selected by Seller, all as provided herein, either party may terminate the Agreement and any Earnest Money
shall be returned to Purchaser and Seller shall have no further obligation or liability to Purchaser hereunder. Section 19(b) of this
Addendum also provides that Seller may extend the Closing Date or terminate the Agreement if Seller determines, in Seller's sole and
absolute discretion, that Seller is unable to convey insurable title to the Property.
17. Representations and Warranties. Purchaser hereby represents and warrants to, and covenants and agrees with, Seller as to
the following matters (all representations, warranties and covenants are true on the date hereof and shall be true as of the Closing)
with the understanding that Seller is relying on these representations, warranties and covenants in effecting the transactions
contemplated hereby:
REOlSTAG RC'l12
Select Portfolio ServiCing, Inc. (Rev. 8/05/04)
535067.10
Purchaser's Initials:
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
LOAN NO: #:0010864122
(a) Purchaser is purchasing the Property solely in reliance on its own investigation and inspection of the Property and
not on any information, representation or warranty provided or to be provided by Seller, its servicers, representatives, brokers,
employees, agents or assigns;
(b) This Addendum shall be binding and enforceable against Purchaser in accordance with its terms, and upon
Purchaser's execution of the additional documents contemplated by this Addendum, they shall be binding and enforceable against
Purchaser in accordance with their terms. The execution and delivery of this Addendum and Purchaser's performance of the
obligations hereunder does not require any consents or approvals of any third persons;
(c) This Addendum will not, with or without the giving of notice or the lapse of time or both, violate or conflict with,
result in a breach of, or constitute a default under, any agreement, contract, lease, I icense, instrument, or other arrangement to which
Purchaser is a party, or by which Purchaser is bound;
(d) Neither Seller nor its servicers, employees, representatives, brokers, agents or assigns, have made any
representations or warranties, implied or expressed, relating to the marketability, insurability or condition of the Property or the
contents thereof, except as expressly set forth in Section 28 of this Addendum;
(e) Purchaser has not rei ied on any representation or warranty from the Seller regarding the marketability, insurability
or condition of the Property or the contents thereof, or the nature, quality, or workmanship of any repairs made by Seller; and
(f) Purchaser will not occupy, or cause or permit others to occupy, the Property prior to Closing and funding and,
unless and until any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, will not occupy
or cause or permit others to occupy the Property after Closing.
18. WAIVERS BY PURCHASER. AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY SELLER
UNDER THE AGREEMENT AS NEGOTIATED AND AGREED TO BY PURCHASER AND SELLER, PURCHASER WAIVES
THE FOLLOWING:
(a) ALL RIGHTS TO FILE AND MAINTAIN AN ACTION AGAINST SELLER FOR SPECIFIC PERFORMANCE;
(b) ANY RIGHT TO RECORD A LIS PENDENS AGAINST THE PROPERTY OR TO RECORD OR FILE THE
CONTRACT, THIS ADDENDUM OR ANY MEMORANDUM THEREOF IN THE REAL PROPERTY RECORDS;
(c) ANY RIGHT TO INVOKE ANY OTHER EQUITABLE REMEDY THAT MAY BE AVAILABLE THAT, IF
INVOKED, WOULD PREVENT SELLER FROM CONVEYING THE PROPERTY TO A THIRD-PARTY PURCHASER;
(d) ANY AND ALL CLAIMS ARISING FROM THE ADJUSTMENTS OR PRORATIONS OR ERRORS IN
CALCULATING THE ADJUSTMENTS OR PRORATIONS THAT ARE OR MA Y BE DISCOVERED AFTER CLOSING;
(e) ANY AND ALL CLAIMS FOR FAILURE OF CONSIDERATION OR MISTAKE OF FACT AS SUCH CLAIMS
RELATE TO THE PURCHASE OF THE PROPERTY OR ENTERING INTO OR EXECUTION OF OR CLOSING UNDER THE
AGREEMENT;
(f) ANY REMEDY OF ANY KIND, INCLUDING BUT NOT LIMITED TO RESCISSION OF THE AGREEMENT,
OTHER THAN AS EXPRESSLY PROVIDED IN THIS ADDENDUM, TO WHICH PURCHASER MIGHT OTHERWISE BE
ENTITLED AT LA W OR IN EQUITY, WHETHER BASED ON MUTUAL MISTAKE OF FACT OR LAW OR OTHERWISE;
(g) ANY RIGHT TO TRIAL BY JURY, EXCEPT AS WAIVER THEREOF IS PROHIBITED BY LAW, IN ANY
LITIGA TION ARISING FROM, OR CONNECTED WITH OR RELATED TO THE AGREEMENT;
(h) ANY CLAIMS FOR LOSSES PURCHASER MAY INCUR AS A RESULT OF PURCHASER'S DUE
DILIGENCE, INCLUDING BUT NOT LIMITED TO COST OF ANY INSPECTIONS OF OR REPORTS FOR THE PROPERTY,
AND CONSTRUCTION ON, REPAIR TO, OR TREATMENT OF THE PROPERTY, OR OTHER DEFECTS WHICH MAY NOW
OR HEREAFTER EXIST WITH RESPECT TO THE PROPERTY;
(i) ANY CLAIM FOR LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL OR
CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM, BASED UPON, DUE TO OR OTHERWISE RELATED TO
ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, INCLUDING BUT NOT LIMITED TO MOLD, LEAD
PAINT, FUEL OIL, ALLERGENS OR OTHER TOXIC SUBSTANCES OF ANY KIND;
(j) ANY RIGHT TO A VOID THIS SALE OR REDUCE THE PRICE OR HOLD SELLER RESPONSIBLE FOR
DAMAGES ON ACCOUNT OF THE MARKETABILITY, INSURABILITY OR CONDITION OF THE PROPERTY,
HABITABILITY, LACK OF SUITABILITY AND FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE, OR
REDHIBITORY VICES AND DEFECTS, APPARENT, NONAPPARENT OR LATENT, DISCOVERABLE OR
NONDISCOVERABLE;
(k) ANY CLAIM FOR LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, OR
CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM, BASED UPON, DUE TO OR OTHERWISE RELATED TO
ENCROACHMENTS, EASEMENTS, SHORTAGES IN AREA OR ANY OTHER MATTER WHICH WOULD BE DISCLOSED
OR REVEALED BY A SURVEY OR INSPECTION OF THE PROPERTY OR SEARCH OF PUBLIC RECORDS; AND
(I) ANY CLAIM FOR LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, OR
CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM, BASED UPON, DUE TO OR OTHERWISE RELATED TO: ANY
DISCREPANCY BETWEEN THE PROPERTY'S ADDRESS AND THE PROPERTY INSPECTED BY PURCHASER; THE
PROPERTY HAVING AN INCORRECT MUNICIPAL ADDRESS; OR EITHER SELLER'S OR PURCHASER'S AGENT
SHOWING PURCHASER AN INCORRECT PROPERTY. IN THE EVENT OF CONFLICT BETWEEN THE MUNICIPAL
ADDRESS OF THE PROPERTY AND THE LEGAL DESCRIPTION OF THE PROPERTY, THE LEGAL DESCRIPTION SHALL
CONTROL
REOLSTAG R~12
Select Portfolio Servicing, Inc. (Rev. 8/05/04) Purchaser'. [niliais'
535067,11I
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
LOAN NO: #:0010864122
References to the "Seller" in this Section 18 shall include Seller and Seller's servicers, representatives, agents, brokers, employees
and assigns. In the event that the Purchaser breaches or disregards, or attempts to disavow, any of the representations, warranties or
waivers described or contemplated under Section 17 or Section 18 of this Addendum, the Purchaser shall pay all reasonable attorneys
fees and costs incurred by the Seller in (i) seeking reaffirmation or enforcement of any such representation, warranty or waiver, or (ii)
defending any action initiated by the Purchaser for the purpose of or relating to any such breach, disregard or disavowal, and
Purchaser shall pay Five Thousand Dollars ($5,000.00) as liquidated damages for such attempted or actual breach, disregard or
disavowal, which amount shall be in addition to any liquidated damages held or covered by the Seller pursuant to Section 25 of this
Addendum.
19. Conditions to Seller's Performance. Seller shall have the unilateral right, at Seller's sole and absolute discretion, to extend
the Closing Date or to terminate the Agreement if:
(a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not
confirmed prior to the Closing Date or the mortgage insurance company exercises its right to acquire title to the Property;
(b) Seller determines, in its sole and absolute discretion, that it is unable to convey insurable title to the Property
through a title insurance company selected by Seller at regular rates;
(c) Seller has either sold or has agreed to sell the loan secured by the Property to another party;
(d) full payment of any property, fire or hazard insurance claim is not confirmed prior to the Closing or the date set
forth herein for Closing;
(e) any third party. whether tenant, homeowner's association or otherwise, exercises rights under a right of first refusal,
option or similar right to purchase the Property;
(t) Seller determines, in its sole and absolute discretion, that the sale of the Property to Purchaser or any related
transactions are in any way associated with illegal activity of any kind;
(g) Seller has transferred and conveyed the Property to a third party;
(h) the Purchaser is the former mortgagor of the Property whose interest was foreclosed, or is related to or affiliated in
any way with the former mortgagor, and Purchaser has not disclosed this fact to the Seller prior to the Seller's acceptance of the
Agreement. Such failure to disclose shall constitute default under the Agreement, entitling the Seller to exercise any of its rights and
remedies, including, without limitation, retaining the earnest money deposit; or
(i) the Purchase Price is insufficient to pay the sum of the closing costs, taxes, commissions, and any liens on or
obligations secured by the Property that Seller has agreed to pay hereunder.
In the event Seller elects to terminate the Agreement as a result of any of the foregoing, the Earnest Money shall be returned to
Purchaser and the parties shall have no further obligation under the Agreement except the rights and obligations that survive
termination pursuant to Section 26 of this Addendum.
20. Remedies for Default.
(a) In the event of Purchaser's default, material breach or material misrepresentation of any fact under the terms of the
Agreement, Seller, at its option, may retain the Earnest Money and any other funds paid by Purchaser as liquidated damages and/or
invoke any other remedy expressly set forth in the Agreement and Seller is automatically released from the obligation to sell the
Property to Purchaser and neither Seller nor its representatives, agents, attorneys, successors or assigns shall be liable to Purchaser for
any damages of any kind as a result of Seller's failure to sell and convey the Property. PURCHASER ACKNOWLEDGES AND
AGREES THAT BY SIGNING THIS ADDENDUM, SELLER SHALL HAVE THE RIGHT TO RETAIN OR SEEK THE
RELEASE OF THE EARNEST MONEY UNDER THIS SECTION 20, WITHOUT ANY FURTHER ACTION, CONSENT OR
DOCUMENT FROM PURCHASER.
(b) Seller shall only be in default under the Agreement if Purchaser delivers written notice to Seller detailing the default
and Seller fails to cure such default within 20 days of receipt of such written notice (or such longer period of time as may be
necessary, provided that Seller diligently pursues such cure). If Seller is in default hereunder or if Seller terminates the Agreement as
provided under the provisions of thereof, Purchaser shall be entitled to the return of the Earnest Money as Purchaser's sole and
exclusive remedy at law or in equity. Any reference to a return of the Earnest Money in the Agreement shall mean a return of the
Earnest Money less any escrow cancellation fees applicable to Purchaser under the Agreement, and less fees and costs payable for
services and products provided during escrow at Purchaser's request. Purchaser waives any claim that the Property is unique and
Purchaser acknowledges that a return of its Earnest Money can adequately and fairly compensate Purchaser. Upon return of the
Earnest Money to Purchaser, the Agreement shall be terminated, and Purchaser and Seller shall have no further liability, no further
obligation, and no further responsibility each to the other, and Purchaser and Seller shall be released from any further obligation each
to the other in connection with the Agreement, except the rights and obligations that survIve pursuant to Section 26 of this Addendum.
(c) Purchaser agrees that Seller shall not be liable to Purchaser for any special, consequential or punitive damages
whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but
not limited to any cost or expense incurred by Purchaser in selling or surrendering a lease on a prior residence, obtaining other living
accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to the Agreement
or a breach thereof.
(d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute
consent to, waiver of or excuse for any different or subsequent breach.
(e) In the event either party elects to exercise its remedies as described in this Section 20 and the Agreement is
terminated, the parties shall have no further obligation under the Agreement except the rights and obligations that survive termination
pursuant to Section 26 of this Addendum.
REOLSTAG Revl2
Selecl Portfolio Servicing, Inc. (Rev g/05/04)
535067.10
Purchaser's Initials
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
LOAN NO: #:0010864122
2]. Indemnification. Purchaser agrees to indemnify and fully protect, defend and hold Seller, its officers, directors, employees,
shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors and assigns harmless from and against any and
all claims, costs, liens, loss, damages, attorneys' fees and expenses of every kind and nature that may be sustained by or made against
Seller, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors or
assigns, resulting from or arising out of:
(a) inspections or repairs made by Purchaser or its agents, employees, contractors, successors or assigns;
(b) the imposition of any fine or penalty imposed by any governmental entity resulting from Purchaser's failure timely
to obtain any permits, approvals, repairs or inspections, or to comply with all applicable laws, rules, ordinances and regulations;
(c) claims for amounts due and owing by Seller for taxes, homeowner's association dues or assessment, or any other
terms prorated at Closing under Section II of this Addendum;
(d) the breach by Purchaser of any of the terms and conditions of the Agreement; and
(e) Purchaser's or Purchaser's tenants, agents or representatives use or occupancy of the Property prior to Closing and
funding.
22. Risk of Loss. Regardless oflocal custom or practice, Purchaser assumes all risk ofloss related to damage to the Property. In
the event of fire, destruction or other casualty loss to the Property after Seller's acceptance of the Agreement and prior to Closing and
funding, Seller may, at its sole discretion, repair or restore the Property, or Seller may terminate the Agreement. If Seller elects to
repair or restore the Property, then Seller may, at its sole discretion, limit the amount to be expended. If Seller elects to repair or
restore the Property, Purchaser's sole and exclusive remedy shall be either to acquire the Property in its then current condition at the
Purchase Price with no reduction thereof by reason of such loss, or terminate the Agreement and receive a refund of any Earnest
Money.
23. Eminent Domain. In the event that Seller's interest in the Property, or any part thereof, shall have been taken by eminent
domain or shall be in the process of being taken on or before the Closing Date, either party may terminate the Agreement and the
Earnest Money shall be returned to Purchaser and neither party shall have any further rights or liabilities hereunder except the rights
and obligations that survive termination pursuant to Section 26 of this Addendum.
24. Kevs. Purchaser understands that if Seller is not in possession of keys, including but not limited to mailbox keys, recreation
area keys, gate cards or automatic garage door remote controls, then the cost of obtaining the same will be the responsibility of
Purchaser. Purchaser also understands that if the Property includes an alarm system, Seller cannot provide the access code or key,
Purchaser shall be responsible for any costs associated with the alarm, changing the access code or obtaining keys. Purchaser is
encouraged to re-key the Property after Closing. Purchaser agrees to hold Seller harmless regarding any theft or damage of personal
property .
25. Liauidated Damal!es. THE PARTIES ACKNOWLEDGE THAT IN THE EVENT OF ANY MATERIAL DEFAULT BY
PURCHASER UNDER THE AGREEMENT, SELLER'S DAMAGES WOULD BE DIFFICULT OR IMPOSSIBLE TO COMPUTE
AND THAT THE EARNEST MONEY REPRESENTS A REASONABLE ESTIMATE OF SUCH DAMAGES AS ESTABLISHED
BY THE PARTIES THROUGH GOOD FAITH CONSIDERATION OF THE FACTS AND CIRCUMSTANCES SURROUNDING
THE TRANSACTION CONTEMPLATED UNDER THE AGREEMENT AS OF THE DATE HEREOF. IN THE EVENT OF
SUCH DEFAULT BY PURCHASER UNDER THE AGREEMENT. SELLER SHALL HAVE THE RIGHT (BUT NOT THE
OBLIGATION) TO RETAIN SUCH AMOUNTS AS LIQUIDATED DAMAGES. THE PURCHASER HAS INITIALED
BELOW TO ESTABLISH THIS INTENT TO LIQUIDATE DAMAGES.
26. Survival. Delivery of the Deed to the Property to Purchaser by Seller shall be deemed to be full performance and discharge
of all of Seller's obligations under the Agreement. Notwithstanding anything to the contrary to the Agreement, the provisions of
Sections 6, 7, 8, 9, 10, I I, 13, 14, ]6, 17, 18,20,21,22,25 and 27(a) of this Addendum, as well as any other provision which
contemplates performance or observance subsequent to any termination or expiration of the Agreement, shall survive the Closing,
funding and the delivery of the Deed and/or termination of the Agreement by any party and continue in full force and effect.
27. General Provisions.
(a) Attornevs' Fees. If either party commences any litigation or judicial action to determine or enforce any of the
provisions of the Agreement, the prevailing party in any such litigation or judicial action is entitled to recover all of its costs and
expenses (including but not limited to reasonable attorneys' fees, costs and expenditures) from the non-prevailing party.
(b) Further Assurances. Purchaser agrees to execute and deliver to Seller at Closing or as otherwise requested by
Seller, documents referenced in this Addendum or requested by Seller. and to take such other action as may be reasonably necessary
to further the purpose of the Agreement. Copies of referenced documents are available from Seller's listing agent upon request by
Purchaser.
(c) Severability. If any provision of this Addendum shall be held to be invalid or unenforceable by any court of
competent jurisdiction or as a result of any legislative action, such holding or action shall be strictly construed. Furthermore,
provided the parties are still able to retain all of the material benefits of their bargain hereunder, such provision shall be construed,
limited or, if necessary, severed, but only to the extent necessary to eliminate such invalidity or unenforceability, and the other
provisions of this Addendum shall remain unaffected and this Addendum shall be construed and enforced as if such provision in its
original form and content had never comprised a part hereof
(d) Assil!nment of Ailreement. Purchaser shall not assign the Agreement without the express written consent of Seller.
Seller may assign the Agreement at its sole discretion without prior notice to or consent of Purchaser.
(e) EFFECT OF ADDENDUM. IN THE EVENT THERE IS ANY CONFLICT BETWEEN THIS ADDENDUM
AND THE CONTRACT OR ESCROW INSTRUCTIONS OR NOTICE OR OTHER OOCUMENTS ATTACHED TO AND MADE
APART OF THE AGREEMENT, THE TERMS OF THIS ADDENDUM TAKE PRECEDENCE AND SHALL PREVAIL EXCEPT
AS OTHERWISE PROVIDED BY LAW. THIS ADDENDUM AMENDS AND SUPPLEMENTS THE CONTRACT AND ANY
ESCROW INSTRUCTIONS.
(I) Authoritv. The undersigned if executing this Addendum and the Contract on behalf of a Purchaser that is a
corporation, partnership, trust or other entity, represents and warrants that he or she is authorized by that entity to enter into this
Addendum and the Contract and bind the entity to perform any duties and obligations stated in this Addendum and the Contract.
REOLSTAG Revl2
Select Portfolio Servicing, Inc. (Rev. 8/05104)
535067.10
Purchaser's Initjals:
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
LOAN NO: #:0010864122
(g) Entire Al!reement. The Agreement, including the disclosure of information on lead-based paint or lead-based paint
hazard or Seller Disclosure and Release Addendum or other disclosure forms or notices required by law, constitutes the entire
agreement between Purchaser and Seller concerning the subject matter hereof and supersedes all previous communications,
understandings, representations, warranties, covenants and agreements, whether written or oral and there are no oral, or other written
agreements between Purchaser and Seller. NO ORAL PROMISES, REPRESENTATIONS (EXPRESS OR IMPLIED)
WARRANTIES OR AGREEMENTS MADE BY SELLER OR BROKER OR ANY PERSON ACTING ON BEHALF OF SELLER
SHALL BE DEEMED VALID OR BINDING UPON SELLER UNLESS EXPRESSLY INCLUDED IN THE AGREEMENT. All
negotiations are merged into the Agreement. Seller shall not be obligated by any other written or verbal statements made by Seller,
Seller's representatives or any real estate licensee.
(h) Modification. No provision, term or clause of the Agreement shall be revised, modified, amended or waived except
by an instrument in writing signed by Purchaser and Seller.
(i) No Third-Partv Beneficiaries. The Agreement does not create any rights, claims or benefits inuring to any person or
entity, other than Seller's successors or assigns, that is not a party to the Agreement, nor does it create or establish any third-party
beneficiary to the Agreement.
(j) Counterparts. This Addendum may be executed in any number of counterparts, and each such counterpart shall be
deemed to be an original, but all of which, when taken together, shall constitute one agreement. This Addendum may be delivered by
facsimile.
(k) Headings. The titles to the sections and headings of various paragraphs of this Addendum are placed for
convenience of reference only and in case of conflict, the text of the Addendum, rather than such titles or headings, shall control.
(I) No PartnershiD. The Agreement is not intended to create and does not create ajoint venture or partnership between
Purchaser and Seller.
(m) Gender. Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to
include the plural of such nouns or pronouns, and pronouns of one gender shall be deemed to include the equivalent pronoun of the
other gender.
(n) Force M~ieure. Except as provided in Section 22, no party shall be responsible for delays or failure of performance
resulting from acts of God, riots, acts of war, epidemics, power failures, acts of terrorism, earthquakes or other disasters, providing
such delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented
by such party through use of alternate sources, workaround plans or other means.
(0) Attornev Review. Purchaser acknowledges that Purchaser has had the opportunity to consult with its legal counsel
regarding the Agreement; accordingly, the terms of the Agreement are not to be construed against any party because that party drafted
the Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of the
Agreement.
(p) Notices. Any notices required to be given under the Agreement shall be deemed to have been delivered when
actually received in the case of hand or overnight delivery, or five (5) days after mailing by first class mail, postage paid, or by fax
with confirmation of transmission to the numbers below. All notices to Seller will be deemed sent or delivered to Seller when sent or
delivered to Seller's listing broker or agent or Seller's attorney, at the address or fax number shown below. All notices to Purchaser
shall be deemed sent or del ivered when sent or del ivered to Purchaser or Purchaser's attorney or agent at the address or fax number
shown below.
(q) Disoute Resolution. Notwithstanding any provision of the Contract to the contrary, the parties acknowledge and
agree that any alternative dispute resolution, mediation and/or arbitration provisions contained in the Contract are expressly voided
and are of no force or effect.
28. Additional Terms or Conditions.
Seller agrees to pay title and doc stamps
REOLSTAG Re1Il2
Select Portfolio Servicing, Jnc (Rev. 8/05/04)
53506711I
Purchaser's [nitials:
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
LOAN NO: #:0010864122
PURCHASER'S OFFER
.Jurchaser has executed this Addendum as of the day of ,200 .
~';Jf. - -
Signature: ~ ~6NA--r~ PA6€ .,4-7fIfCJ/'a) .~7C
CDJ-t. J f? L C-DV/J 1'1 14- pov 7/C4r- r;; V/3-l>1 tll Sf () ~ 0/
~-y He 5, p.,e cr ~~( l>fJ
Print Name (or name if a company):
Social Security # (or Tax 1.0, # if a company):
Title (if a company):
Address: ~:301 ilfmJHmJ '~/L- c::" AJ~LE$ ~L-.3J.AI(/2-
Telephone: 2-->:;>'1 - :;2. 5 z. ..... 8'Qq I '
-
Facsimile:
Signa tu re:
Print Name (or name if a company):
Social Security # (or Tax 1.0. # if a company):
Title (if a company):
Address:
Telephone:
Facsimile:
SELLER'S ACCEPTANCE
Select Portfolio Servicing, Inc., a Delaware corporation
By:
Print Name:
Title:
Date:
AGENT ACKNOWLEDGEMENT
With respect to the foregoing Agreement, Seller's agent and Purchaser's agent each acknowledge and agree to the following:
Seller shall pay a real estate commission pursuant to the listing agreement between Seller and Seller's listing broker.
Notwithstanding the foregoing, the commission paid by Seller shall be calculated based on the Purchase Price less the value
of any Seller concessions, such value to be determined by Seller in Seller's sole and absolute discretion. The real estate
commission paid by Seller shall be split equally between Seller's agent and Purchaser's agent and any referral fee to be paid
by Seller's agent shall be the sole responsibility of Seller's agent.
Accepted and agreed:
Seller's Agent:
Purchaser's Agent:
Print Name: Debra Monterosso
Print Name: Debra Monterosso
Signature: 7)eh411t~
Date: 1"I/VUf t. 2009
Signature: 'Deh4 1It~
Date: rI/VUf t. 2009
REOLSTAG R~v12
Select Portfolio Servicing, Inc. (Rev. 8/05104)
535067. HI
Purchaser's Initials:
~'r__~.~___"~,__".._,,,,,,,_____~,_____,,...~.,,,,,,~,,_, V' w"",~",_"",,,,_,___
IN WIT"iESS WH4I=O~, the parties hereto have executed this Agreement on
this -IS:~ ~ay of, 'J.~/'(. , ,2009
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
BOARD OF COUNTY COMMISSIONERS
COLLlEiNTY. FL2 _
BY: ~ ~
Donna Fiala, Chairman
DATED:
BY:
Witness (Signature)
Name:
(Print or Type)
Printed Name
Witness (Signature)
Title
Name:
(Print or Type)
Approved
legal s .
and
-~._-..__.,_.-----
Select Portfolio Servicing, Inc.
Addendum to Real Estate Purchase Contract
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS
LOAN NO: 1:0010864122
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to /978 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 permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.
The seller of any interest in residential real property is required to provide the buyer with any information 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 ha=ards.
A risk assessment or inspection for possible lead-based paint ha=ards is recommended prior to purchase.
Seller's Disclosure
(a) Presence oflead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) _ Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
(ii) ~ Seller has no knowledge oflead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seller (check (i) or (ii) below):
(i) _ Seller has provided the purchaser with all available records and reports pertaining to lead based paint and/or lead-
based paint hazards in the housing (list documents below).
(ii) ----X- Seller has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in the housing.
Purchaser's Acknowledgment (initial)
(c) ~ Purchaser has received copies of all information listed above.
(d) ~ Purchaser has received the pamphlet Protect Your Family from Lead in Your Home,
(e) Purchaser ~(check (i) or (ii) below):
(i) ~ received a lO-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the
presence of lead-based paint and/or lead-based paint hazards; or
(ii) _ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-
based paint hazards.
Agent's Acknowledgment (initial)
(f) z,:'K Agent has informed the seller of the seller's obligations under 42 U.S.c. 4852(d) and is aware ofhislher responsibility to
ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certifY, to the best of their knowledge, that the information they have
provided is true and accurate.
SELLER:
Date:
Select Portfolio Servicing, Inc., a Delaware corporation
'* ~e GetbVA-7~'1 "L).fl6€
By A7T ~If€l) Ifi?r2E- 10
Print Name:
Title:
PURCHASER:
Date:
Signature:
Print Name:
Date:
AGENT:
Date:
Signature: 't)~ '1H~
Print Nwne: Debra Monterosso
Date: April 8 2009
REOLSTAG Rc:v12
Select Portfolio ServIcing, Inc. (Rev 8/05/04)
515(167_10
Purchaser's Initials:
IN WITNESS WH~Ir:OF,.th.e parties hereto have executed this Agreement on
this 7f.5t.t1. day of Il-r;, t ' 2009
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: l/;r/01
ATTEST~, . "".
DWIGbtT E, 'l~iROC~K, Clerk
-
AS TO OWNER:
DATED:
BY:
Witness (Signature)
Name:
(Print or Type)
Printed Name
Witness (Signature)
Title
Name:
(Print or Type)
lB NOTICE OF NO BROKERAGE RELATIONSHIP @
REALTOR" 5~~
You should not assume that any real estate broker or sales associate represents you unless you agree to
engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a
transaction broker, You are advised not to disclose any information you want to be held in confidence
until you decide on representation,
NO BROKERAGE RELATIONSHIP NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE
RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS
AND BUYERS.
As a real estate licensee who has no brokerage relationship with you,
AMERIVEST REALTY
(Name of Real Estate Brokerage)
and its Associates
owe to you the following duties:
1. Dealing honestly and fairly;
2. Disclosing all known facts that materially affect the value of residential real property which are
not readily observable to the buyer;
3, Accounting for all funds entrusted to the licensee.
(SIGNATURE)
(DATE)
@2007 Naples Area Board of REAL TORS@ and Association of Real Estate Professionals, Inc. All Rights Reserved. (NABOR 9/15/2007)
~
IB DISCLOSURE REGARDING FDIC INSURANCE COVERAGE OF DEPOSIT FUNDS G!l:
EQUlIlL HOUlIING
REALTOR" OPPORTUNITY
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 fails,
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
FDIC-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; Le" 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 limit is subject to change after December 31, 2009.
Deposit funds tendered by a Buyerffenant and held in an attorney, title company or Broker escrow
account ("Deposit Funds") are for insurability purposes deemed to be held directly in an account
owned by and titled in the Buyerffenant, and are combined with any and all other BuyerlTenant
deposit accounts held by the institution holding the Deposit Funds. Therefore, if Buyerffenant holds
any other deposits with the institution holding the Deposit Funds, Buyerffenant is urged to
immediately contact that institution to confirm that all Buyerffenant 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 will be deposited, verify that said
institution is FDIC insured, and verify that the Deposit Funds as well as all other Buyerffenant funds
are being held and titled in a manner that affords complete FDIC coverage should that institution fail.
The real estate attorney, title company or Broker holding the Deposit Funds shall have no obligation
to Buyerffenant or Seller/landlord to determine whether Buyerffenant 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 FDIC website at www,myfdicinsurance.gov or www.fdic,gov, or call the FDIC
at 1-877 -ASK-FDIC (275-3342) for additional information, BuyerslTenants may calculate insurance
coverage using the FDIC on-line Electronic Deposit Insurance Estimator at www2,fdic,gov/edie.
~
(Seller's/Landlord's Signature)
(Date)
Receipt of this Disclosure is acknowledged below,
(Date)
(Seller's/Landlord's Signature)
(Date)
(Buyer'sfTenant's Signature)
(Date)
@2008 Naples Area Board of REAL TORS@ and Association of Real Estate Professionals. Inc. All Rights Reserved. (NABOR 10/16/2008)
LandCastle Title, LLC
5110 Eisenhower Blvd., Suite 102
Tampa, Florida 33634
Phone: 813-249-9900
Fax: 678-370-9805
CENTRAL WIRING INSTRUCTIONS FOR
LANDCASTLE TITLE, LLC
WIRE TO:
W ACHOVIA BANK, N.A.
333 RIVERWOOD PARKWAY, SUITE 200
ATLANTA, GA 30339
PHONE: 770-618-1649 OR 800-922-4684
ABA ROUTINGNUMB~R:
ACCOUNT NUMBER:
CREDIT TO: LANDCASTLE TITLE, C
PLEASE REFERENCE BUYERS NAME AND PROPERTY ADDRESS
**Please notify the Wire Department at 678-298-1000**
**Ifyou should have any questions or concerns regarding your wire**
Thank you,
Closing Department
'f\-
e
e
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
4261686 OR: 4427 PG: 3633
RlCORDID iD arrICIAL IICOIDS of COLLIII COUlf!, rL
02/16/2009 at 11:1011 DlIGIT I. BRact, eLlRI
COil 100.10
DC nJ 11.50
DOC-.70 ,TI
u.s. BANK NATIONAL ASSOCIATION, AS TRUSTEE,
ON BEHALF OF THE HOLDERS OF CSMC
MORTGAGEBACKEDPASS~HROUGH
CERTIFICATES, SERIES 2007-5,
Plaintiff( s)
letD:
CIVIL
Vs.
CASE NO, 01-4138-CA-Ol
OSCAR E. ROJAS; ANY AND ALL UNKNOWN
PARTIES CLAIMING BY, THROUGH, UNDER, AND
AGAINST THE HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNO
DEAD OR ALIVE, WHETHER SAI
PARTIES MA Y CLAIM AN IN
HEIRS, DEVISEES, GRANTE
CLAIMANTS;
Defendant(s)
The undersigned, DWIGHT
and filed a Certificate of Sale
herein, and that no objections t
objections. The following pro
r-.
ertifies that he executed
the property described
time allowed for filing
AlKJA 2820 39TH A VENUE NE, NAPLES, FL 34120
was sold to
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS
OF CSMC MORTGAGE BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-5,
3815 South West Temple, Salt Lake City, UT 84115.
Bid Amount: $ 1 00.00
WI1NESS my hand and seal of the court on February 16,2009.
~
,./~~- ~ ~ .
.'-'/,' ~~ ~ .:")
..', /.., _~. ~l ','
.' ... C".:' ~ ... ,"
., ~J _, .~',~I
, ~ .:s- ~ ,...r~,
.' i:j ~ . ,:/.<y
r ~ ~:\..
~ .... '"
e
~** OR: 4427 PG: 3634 tii
DWIGHT E. BROCK,
Clerk of the Circuit Court
B~/- ~
Deputy Clerk;{~ . r
Print Map
Page 1 of 1
!ill... NAmH
Parce4.
5ubdhds,lons
A...lals 1001I (6 Inch Urbani
A...lals 2007 (2 neTl
BuHdln1l f'ootpllnts
C(lflief County
Folio Number: 39898280003
Name: US BANK NATIONAl ASSOC
TR
Straetil & Name: 2820 39TH AVE NE
Legal Description: GOLDEN GATE
EST UNIT 64 E 75FT OF W 180FT OF
TR 87
@ 20~. Collier County Property Appraiser. \Nhile 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, ita use, or its interpretation.
http://maps.collieraPI'!aiser~~~webmap/mapprint.asp~?!i!l~~~orient= LA~!?SCAPE~p~... 4/13/2009
Details
Property Record t
~
--
Aerial
Sketches
~
Parcel No.1139898280003
Trim Notices
Current Ownership
Property Addressl12820 39TH AVE NE
Owner Name US BANK NATIONAL ASSOC TR
Addresses ED PASS-THROUGH
CERTIFICATES SERIES 2007-5
3815 SOUTH WEST TEMPLE
City I SALT LAKE CITY I Statel UT
Legall GOLDEN GATE EST UNIT 64 E
75FT OF W 180FT OF TR 87
Section II Township Range Acres
18 " 48 28 1.14
Sub No, 345400 GOLDEN GATE EST UNIT 64
-1J Use Code 1 SINGLE FAMILY RESIDENTIAL
2008 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 62,700.00
(+) Improved Value $ 164,835.00
(=) Just Value $ 227,535.00
I (-) SOH Exempt Value $ 0,00
I (=) Assessed Value I $ 227,535,00
I (-) Homestead and other Exempt Value I $ 0.00
I (=) Taxable Value I $ 227,535.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
Date
02 / 2009
04 / 2007
08 / 2005
11/2004
11/2004
02 / 2004
-
I
~.-
e,
ZIpl184115 - 0
Page 1 of 1
II Map No. Strap No.
3018 345400 87 23018
I -1J Millage Area -1J MlIWN
17 11.5439
Latest Sales History
Book - Pa e
44~I~_3..633
4208 -1147
3873 - 1547
3677 - 1879
3677 - 1878
3.50.3 ~_6.82
The Information is Updated Weekly.
http://www.collierappraiser.com/RecordDetail.asp ?Map=&F olioID=000003 9898280003
Amount
$ 100.00
$ 440,000.00
$ 345,000,00
$ 217,000,00
$ 0,00
$ 30,000.00
4/13/2009