As Is Contract for Sale and Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA
ASSOCIATION OF REALTORS AND THE FLORIDA BAR
"As Is" Contract for Sale and Purchase
RE/MAX Realty Select
Carlos Cachon
3349 Tamiami Trail North
Naples, FL 34103
239-298-1991
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I3I"1AJK- or ,uEzu Vv2.K/ /J1E/ /" oAf
:::~::~:j:
PARTIES: OWNER OF RECORD
and COLLIER COUNTY
hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively
"Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
I. DESCRIPTION: (a) Legal description of the Real Property located in COlliER County, Florida:
GOI DEN GA TE EST UNIT 42 W 75FT OF TR 90
(b) Street address, city, zip, of the Property is: 2R6D 64TH A VF NF NAPI F~. FI 1412D
(c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s)
unless specifically excluded below.
Other items included are:
Items of Personal Property (and leased items, if any) excluded are:
NO APPIIANr.Ft::
II. PURCHASE PRICE (U.S. currency):
PA YMENT:
(a) Deposit held in escrow by NO DEPOSIT
in the amount of (checks subject to clearance)
Escrow Agent's address: Phone:
(b) Additional escrow deposit to be made to Escrow Agent within days after Effective Date
in the amount of . . . . . . . . . . . . .. ........... .. .................................. $
(c) Financing in the amount of ("Loan Amount") see Paragraph IV below . . . . . . . . . . . . . . . $
(d) Other: $
(e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank
check(s), subject to adjustments or prorations . . . . . .. ........................
III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
(a) If this offer is not executed by and delivered to all parties OR FACT OF E~ECUTION communicated in writing between the parties
on or before ADri/8. 2009 , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless
otherwise stated. the time for acceptance of any counteroffers shall be 2 days from the date the counteroffer is delivered.
(b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or
the final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined
above for acceptance of this offer or, if applicable, the final counteroffer.
IV..BNANCING:
~ (a) This is a cash transaction with no contingencies for financing;
o (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to
purchase the Property ("Loan Approval") within _ days (if blank, then 30 days) after Effective Date ("Loan Approval Date") for
(CHECK ONLY ONE): 0 a fixed; 0 an adjustable; or 0 a fixed or adjustable rate loan, in the Loan Amount (See Paragraph II.(c))
at an initial interest rate not to exceed %, and for a term of years. Buyer will make application within _ days
(if blank, then 5 days) after Effective Date.
BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by
Loan Approval Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the
sale of other property shall not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer
authorizes the mortgage broker(s) and lender(s) to disclose information regarding the conditions, status, and progress of loan
application and Loan Approval to Seller, Seller's attorney, real estate licensee(s), and Closing Agent.
SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this
Contract by delivering written notice ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Closing. Seller's
Cancellation Notice shall notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Financing
contingency, or the Contract shall be cancelled.
DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain
Loan Approval by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(s) shall be returned to
Buyer. If Buyer obtains Loan Approval or waives this Financing contingency, and thereafter the Contract does not close, then the
deposit(s) shall be paid to Seller; provided however, if the failure to close is due to: (i) Seller's failure or refusal to close or Seller
otherwise fails to meet the terms of the Contract, or (ii) Buyer's lender fails to receive and approve an appraisal of the Property in an
amount sufficient to meet the terms of the Loan Approval, then the deposit(s) shall be returned to Buyer.
O(c) Assumption of existing mortgage (see rider for terms); or
O(d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms).
V. TITLE EVIDENCE: At least days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of
instruments listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see
Standard A for terms) shall be obtained ~
(CHECK ONLY ONE): ~ (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
o (2) Buyer at Buyer's expense.
(CHECK HERE): 0 If an abstract of title is to be furnished instead of title insurance, and attach rider for terms.
VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on May 22. 2009
("Closing"), unless modified by other provisions of this Contract. In the event of extreme weather or other conditions or events
constituting ''force majeure", Closing will be extended a reasonable time until: (i) restoration of utilities and other services essential to
Closing, and (ii) availability of Hazard, Wind, Flood, or Homeowners' insurance. If such conditions continue more than _ days (if
blank, then 14 days) beyond Closing Date, then either party may cancel this Contract.
FAR/BAR ASIS-2x Rev. 2/08 iC> 2008 Florida Association of REAL TORS4ll and The Florida Bar. All rigbls reserved. User Reg# 2G39N3C30CEY060K-1 021
Software and Added Formatting@ 2008 Alta Star Software, Inc., licensee. All Rights Reserved. (305) 279-8898 Page 1 of 5
$
93.500.00
("Escrow Agent")
......$
..$
93.500.00
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f
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning,
restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or
otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility
easements of record (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2
feet in width as to the side lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided, that none prevent use of the Property for
purpose(s).
VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is
intended to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed
pursuant to "As Is" Standard F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its
existing condition as of time of taking occupancy.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed
provisions of this Contract in conflict with them.
X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and therebLbe released from any further liability under this Contract;
U may assign but not be released from liability under this Contract; or ~ may not assign this Contract.
XI. DISCLOSURES:
(a) The Property may be subject to unpaid special assessment lien(s) imposed by a public body ("public body" does not include a
Condominium or Homeowners' Association). Such Iien(s), if any, whether certified, confirmed and ratified, pending, or payable in
installments, as of Closing, shall be paid as follows:!:i by Seller at closing 0 by Buyer (if left blank, then Seller at Closing). If
the amount of any assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing
an amount equal to the last estimate or assessment for the improvement by the public body.
(b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks
to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
(c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional
information regarding mold, Buyer should contact an appropriate professional.
(d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
(e) If the Real Property includes pre-1978 residential housing then a lead-based paint rider is mandatory.
(1) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
(g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS'
ASSOCIA TION DISCLOSURE.
(h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES
AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO
PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE
PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING
VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
XII. MAXIMUM REPAIR COSTS: DELETED
XIII. HOME WARRANTY: U Seller U Buyer !:i N/A will pay for a home warranty plan issued by
at a cost not to exceed $ .
XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have 0 days from Effective Date ("Inspection Period")
within which to have such Inspections of the Property performed as Buyer shall desire and utilities service shall be made
available by the Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and
repair of damage to and restoration of the Property resulting from such Inspections and this provision (b) shall survive
termination of this Contract; and (c) If Buyer determines, In Buyer's sole discretion, that the Property is not acceptable to Buyer,
Buyer may cancel this Contract by delivering facsimile or written notice of such election to Seller prior to the expiration of the
Inspection Period. If Buyer timely cancels this Contract, the deposlt(s) paid shall be immediately returned to Buyer; thereupon,
Buyer and Seller shall be released of all further obligations under this Contract, except as provided In this Paragraph XIV. Unless
Buyer exercises the right to cancel granted herein, Buyer accepts the Property In Its present physical condition, subject to any
violation of governmental, building, environmental, and safety codes, restrictions or requirements and shall be responsible for
any and all repairs and Improvements required by Buyer's lender.
XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made a part of this
-Contract:
U CONDOMINIUM 0 VA/FHA 0 HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CQNTROL LINE
o INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) U Other Comprehensive Rider Provisions U Addenda
Special Clause(s):
XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a
copy of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
FAR/BAR ASIS-2x Rev. 2/08 II) 2008 Florida Association of REAL TORse and The Florida Bar. All rights reserved.
Software and Added Formatting @ 2008 Alta Star Software, Inc., licensee. All Rights Reserved. (305) 279-8898
Page 2 of 5
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THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REAL TORS4P AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conc:litions in this Contrect should be accepted by the parties in a palticular transaction. Terms and
conc:litions should be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons,
Bo~Btl of cou2ty Commissioners
Dflflria Fiala, Cpir"n
^. UtJ-ryru(.../ ~
L l-(.,1 .q) i
(Buyer) COLLIER COUNTY , Florida (Date) (Seller) OWNER OF RECORD (Date)
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142
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144 (Buyer)
145 Buyers' address for purposes of notice
(Date)
(Seller)
Sellers' address for purposes of notice
(Date)
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147
Phone
Phone
148 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in
149 connection with this Contract:
150
151
Name:
Cooperating Brokers, if any
REMAXREALTYSELECT
listing Broker
AS TO COUNTY:
dated:~
ATTEST:
DWIGJlft::':A~CK, Clerk
'.~.."'."."~'.~
~ .......~\ ". '
(,'. '." '~ . .
::' . ;, / '\~:.~.:.., .~eputY -elerk
~~US~I~'t;O., QYtru.. ,
.....tur..:Q'I.,.. .'
t- "1 , ~')' (I :'~ ~',:. J
legal sufficiency
FARIBAR ASIS-2x Rev. 2/08 <Cl2008 Florida Association of REAL TORSiIll and The Florida Bar. All rights reserved.
Software and Added Formatting@ 2008 Alta Star Software, Inc., licensee. All Rights Reserved. (305) 279-8898
Page 3 of 5
152 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
n i
. po'
153 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of
154 the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real
155 Property, subject only to matters contained in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be
156 determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 5
157 days from date of receiving the Title Commitment to examine it, and if title is found defective, notify Seller in writing specifying defect(s) which
158 render title unmarketable. Seller shall have 30 days from receipt of notice to remove the defects, failing which Buyer shall, within 5 days after
159 expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days
160 within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be returned to Buyer.
161 If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use
162 diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either
163 waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller
164 is to provide the Title Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall
165 have up to 5 days from date of receipt to examine same in accordance with this "AS IS" Standard.
166 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller
167 shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser mortgage;
168 shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall
169 require all prior liens and encumbrances to be kept in good standing; shall forbid modifications of, or future advances under, prior mortgage(s);
170 shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real
171 Property against fire and all perils included within the term "extended coverage endorsements" and such other risks and perils as Seller may
172 reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement shall be otherwise in
173 form and content required by Seller, but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes and
174 security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein the Real
175 Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security
176 agreement evidenced by recorded or filed financing statements or certificates of title. If a balloon mortgage, the final payment will exceed the
177 periodic payments thereon.
178 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property
179 surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements
180 located thereon encroach on setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable
181 governmental regulations, the same shall constitute a title defect.
182 D. WOOD DESTROYING ORGANISMS: DELETED
183 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended
184 use as described in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS" Standard A without exception
185 for lack of legal right of access.
186 F. LEASES: Seller shall, at least 10 days before Closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant
187 specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is
188 unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a
189 Seller's affidavit, and Buyer may thereafter contact tenant to confirm such information. If the terms of the leases differ materially from Seller's
190 representations, Buyer may terminate this Contract by delivering written notice to Seller at least 5 days prior to Closing. Seller shall, at Closing,
191 deliver and assign all original leases to Buyer.
192 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any
193 financing statement, claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to
194 the Real Property for 90 days immediately preceding date of Closing. If the Real Property has been improved or repaired within that time,
195 Seller shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in
196 addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen, further
197 affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been
198 paid or will be paid at the Closing of this Contract.
199 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing
200 agent ("Closing Agent") designated by the party paying for title insurance, or, if no title insurance, designated by Seller.
201 I. TIME: Calendar days shall be used in computing time periodS except periods of less than six (6) days, in which event Saturdays, Sundays
202 and state or national legal holidays shall be excluded. Any time periOdS provided for herein which shall end on a Saturday, Sunday, or a legal
203 holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract.
204 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession
205 affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage
206 note, security agreement and financing statements.
207 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan
208 (whether obtained from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money
209 mortgage and any mortgage assumed, mortgagee title insurance commitment with related fees, and recording of purchase money mortgage,
210 deed and financing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for related closing
211 services, title search, and closing fees (including preparation of closing statement), shall be paid by the party responsible for furnishing the title
212 evidence in accordance with Paragraph V.
213 L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the
214 day before Closing. Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be
215 prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through day prior to Closing, or
216 occupancy, if occupancy occurs before Closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by
217 mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable
218 discount, homestead and other exemptions. If Closing occurs at a date when the current year's millage is not fixed and current year's
219 assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not
220 available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year of
221 Closing, which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage
222 and at an equitable assessment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser
223 for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at request of either party, be
224 readjusted upon receipt of current year's tax bill.
FAR/BAR ASIS-2x Rev. 2/08 lCl 2008 Florida Association of REAL TORS4l> and The Florida Bar. All rights reserved.
Software and Added Formatting @ 2008 Alta Star Software, Inc., licensee. All Rights Reserved. (305) 279-8898
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"AS IS" STANDARDS FOR REAL EST A TE TRANSACTIONS (CONTINUED)
225 M. (RESERVED - purposely left blank)
226 N. INSPECTION, REPAIR AND MAINTENANCE: DELETED
227 O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty ("Casualty Loss") before Closing and cost of
228 restoration (which shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration
229 shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract. and if restoration is not completed as of
230 Closing, restoration costs will be escrowed at Closing. If the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the
231 Property as is, together with the 1.5% or receive a refund of deposit(s) thereby releasing Buyer and Seller from all further obligations under this
232 Contract. Seller's sole obligation with respect to tree damage by casualty or other natural occurrence shall be the cost of pruning or removal.
233 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section
234 627.7841, F.S., as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth
235 above the following closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more
236 than 5 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify
237 Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect (3) if Seller fails to timely
238 cure the defect, all deposits and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and,
239 simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and reconvey the Property to Seller by
240 special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights
241 against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale.
242 Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent is authorized and agrees by acceptance of
243 them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this
244 Contract. Failure of funds to clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this
245 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or
246 until a judgment of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the
247 circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such
248 action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of
249 accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475,
250 F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any suit
251 wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these
252 amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party.
253 The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is
254 due to willful breach of the provisions of this Contract or gross negligence of Agent.
255 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing
256 party in such litigation, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency
257 relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees,
258 costs and expenses.
259 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the
260 deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon
261 liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be
262 relieved of all obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If
263 for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this
264 Contract, Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for
265 damages resulting from Seller's breach.
266 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in
267 any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context
268 permits, singular shall include plural and one gender shall include all. Notice and delivery given by or to the attomey or broker representing any
269 party shall be as effective as if given by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic
270 media. A legible facsimile or electronic (including "pdf') copy of this Contract and any signatures hereon shall be considered for all purposes as
271 an original.
272 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or
273 guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by
274 Buyer. Personal Property shall, at the request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such
275 matters as may be otherwise provided for herein.
276 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this
277 Contract. No modification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties
278 intended to be bound by it.
279 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readily
280 observable by Buyer or which have not been disclosed to Buyer; (2) Seller extends and Intends no warranty and makes no representation
281 of any type, either express or Implied, as to the physical condition or history of the Property; (3) Seller has received no written or
282 verbal notice from any governmental entity or agency as to a currently uncorrected building, environmental or safety code violation;
283 (4) Seller has no knowledge of any repairs or improvements made to the Property without compliance with governmental regulation
284 which have not been disclosed to Buyer.
285 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the
286 Property, including, but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and
287 Casualty Loss excepted. Seller shall, upon reasonable notice, provide utilities service and access to the Property for appraisal and inspections,
288 including a walk-through prior to Closing, to confirm that all items of Personal Property are on the Real Property and that the Property has been
289 maintained as required by this "AS IS" Standard. Seller will assign all assignable repair and treatment contracts and warranties to Buyer at
290 Closing.
291 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with Closing or deferred) with respect
292 to the Property under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in all reasonable respects to
293 effectuate the Exchange, including the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to
294 the Exchange and (2) the Closing shall not be contingent upon, nor extended or delayed by, such Exchange.
295 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate
296 licensee Involved in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be
297 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer.
FAR/BAR ASIS-2x Rev. 2/08 <<:12008 Florida Association of REAL TORS4l> and The Florida Bar. All rights reserved.
Software and Added Formatting @ 2008 Alta Star Software, Inc., licensee. All Rights Reserved. (305) 279-8898
Page 5 of 5
O. Litton Loan Servicing'
4828 Loop Central Drive, Houston, TX 77081-2226
ADDENDUM TO CONTRACT OF SALE
This addendum ("Addendum') is to be made a part of the Contract of Sale (the "Contract of Sale') dated 4/3/2009
between The Bank of New York Mellon flk/a The Bank of New
(the "Seller") and
Collier County
located at 2860 64th Ave. Naples FL 34120 (the "Property")
(the "Purchaser(s)") for the property
1. Purchaser(s) and Seller both recognize this addendum as part of the Contract of Sale. In the event any provisions of this addendum
conflict in whole or in part with the terms of the contract of sale or any prior addendum or amendment thereto (collectively, the "contract'),
the provisions of this addendum shall control and supercedes the Contract of Sale.
2. This Contract is subject to acquisition of the Property by Seller
3. This Contract is subject to approval and acceptance by Seller's mortgage insurance company and beneficiary, if any
4. Final acceptance of the contract of sale is subject to Seller's committee approval.
5. Title to the property shall be conveyed by either Special Warranty Deed or Quit Claim Deed, or an equivalent thereof, with covenants
against the acts of the grantor. If the title of the property is currently held as leasehold interest, Seller will not transfer into a fee simple
interest.
6. Seller shall pay the cost of an Owner's Title Insurance Policy. Purchaser(s) agree to pay for a mortgage policy, if any, and to pay
respective escrow/closing costs per local customary practices. The seller shall select escrow/closing services as well as the settlement
location.
7. CORPORATE DISCLOSURES
Seller acquired the Property either as a result of foreclosure proceedings or by acceptance of a deed in lieu of foreclosure or otherwise and
that the total purchase price set forth in the Contract may reflect deferred maintenance. Accordingly, Seller is not familiar with the condition
of the Property, other than as may by disclosed in the Inspection Report (as hereinafter defined), if any, that has been prepared for the
Property. Purchaser(s) acknowledges that there has been no representation(s) by Seller, or any other person acting as Seller's
representative and/or Purchaser(s)' representative regarding the condition of the Property, any of the appliances or structural components
that may be contained therein. its fitness for general or specific use, or any other matter affecting the Property. If an inspectton report has
been obtained by or on behalf of Seller or Seller's representative (the "Inspection Report"), such Inspection Report may be provided to
Purchaser(s) for Purchaser(s)' information only and shall not be deemed a part of the Contract of Sale. If the Inspection Report has been
provided to Purchaser(s), no representation or warranty is made as to the accuracy and completeness of such report
Neither Seller nor any person acting as Seller's representative has occupied the Property and neither warrants or represents that the
Property or any alterations or additions which may have been made to the Property conform to local building codes, zoning requirements or
any other applicable laws, rules or regulations.
Purchaser(s) acknowledges that Purchaser(s) has had the opportunity to inspect, examine and make a complete review of the Property prior
to the close of escrow of the Contract. Purchaser(s) will rely solely on Purchaser(s)' inspection ana review to evaluate the condition of the
Property.
Purchaser(s) hereby acknowladges that seller shall not be providing Purchaser(s) with a Real Estate Transfer Disclosure Statement and/or
a Certificate of Occupancy with respect to the Property. Purchaser(s) hereby waives any requirement that Seller furnish Purchaser(s) with
any such disclosure statement and/or a Certificata of Occupancy and hereby releases Seller from any and all liability resulting from the
non-delivery of such disclosure statement and/or a Certificate of Occupancy.
Purchaser(s) acknowledges that it is Purchaser(s)' sole responsibility to obtain inspection reports by qualified professionals on the
appliances, structural components, and alterations or additions to tha Property and to determine the presence of any toxic or hazardous
substances on the Property, including, but not limited to, mold, radon, asbestos and leed paint, that would make it uninhabitable or
dangerous to the health of the occupants or otherwise not in compliance with law, or any other factors regarding the condition of the
Property about which Purchaser(s) may be concerned.
PROPERTY SHALL BE CONVEYED IN "AS-IS" CONDITION AT TIME OF CLOSING. In the event electrical, plumbing, water and/or
heating services are shut down for property preservation or other purposes, Seller will NOT reactivate these systems prior to closing.
Purchaser(s) understands, acknowledges, and agrees that neither seller nor any person acting as seller's representative is making any
warranties or representations, either expressed or implied, as to the condition of the property. The property is being conveyed to
purchaser(s) in its "as is, where is" condition and "with all faults." It is the right and responsibility of the purchaser(s) to inspect the property
and purchaser(s} must satisfy himselflhersell as to the condition of the property. SElLER WILL NOT PERMIT ANY REPAIRS PRIOR TO
CLOSING, Seller. Seller's agents and Purchaser(s)' agents and Purchaser(s) shall execute a LEAD BASE PAINT Disclosure Addendum to
Contract of Sale form to be provided by Seller's representative. Purchaser(s) shall also execute at closing a Waiver and Release Regarding
Property Condition and Purchaser(s) hereby acknowledges receipt of a copy thereof.
B. Sale Price is :
$93,500.00
with
Closing agent or Title company approved by Seller shall hold the earnest money in a non-interest bearing accounl.
earnest money.
Purchaser(s) initials:
Addendum Report
Date:
Seller(s) initials:
Order / Loan # 40871188
Date:
Page 1 of 3
9. This transaction shall be closed through a title company or attorney. Both Seller and Purchaser(s) egree to pay their
respective title/escrow/closing costs per local customary practice. In the cases of a buyer directed state, the buyer has the
option of using the seller's title company. If the buyer chooses to use the seller's title cornpany, seller will pay for the owner's
title policy.
10. This transaction shall be scheduled to close on or before OS/22/2009 . TIME IS OF THE ESSENCE. In the event this
sale/escrow does not close by the scheduled closing date. throlJijh IIU ,,,ull uf the Seller, the contract is null and void. In the
event this sale/escrow does not close by the scheduled closing date, thnough no fault of the Seller, the Purchaser(s) agree to
pay toward seller's carrying costs the greater of $100.00 per day or 1/1 Oth of 1 % of the purchase price per calendar day. The
total of the said sum shall be credited to Seller on the actual date of closing. If the closing is delayed beyond the original
scheduled closing date. then Seller reserves the right to further extend, or cancel this contract, and consider it null and void
with no further obligation.
11. This contract is a Cash Transaction: YES 0 or NO 0 . If yes, for a cash transaction, verification of funds to close is to be
provided with this addendum to contract of sale, and the earnest money is non-refundable. Should Purchaser seek financing,
con1ract will be cancelled. OTHER PROVISIONS: PURCHASER TO PROVIDE PREQUALlFICATION LETTER WITH THIS
ADDENDUM.
12. The subject asset may have been built prior to 1978. The 'Disclosure of Information on Lead Based Paint and Lead
Based Paint Hazards. must be included as part of this contract. By signing this addendum the Purchaser(s) acknowledge that
he/she have received a copy of the EPA manual "Pnotect Your Family from Lead in Your Home:
13. Seller will not provide financing as a contingency of the contract.
If cash item 14 & 15 N/A.
14. This contract is a Mortgage Financing Transaction YESO or NO D. If yes, the Purchaser(s) are to apply for mortgage
financing within 3 business days of the seller's execution of contract. Purchaser is to furnish the seller a copy of binding written
loan commitment from Purchaser's lender within 21 days from seller's execution of the contract. Loan approval requirements
are to be completed within 10 days for written loan commitment.
a. Seller agrees to pay up to but not exceed $ for fees and expenses charged to Purchaser(s) at closing by
purchaser(s) lender for this transaction. In the event Purchaser(s) fees and expenses are less than the amount stated above,
Purchaser will NOT receive a credit for the balance. nor shall any such excess be applied to other costs incurred by
Purchaser(s) regarding this transaction.
b. Seller agrees to pay up to but not exceed $
purchaser(s) costs.
toward Purchaser(s) toward FHA or VA non-allowable
c. Seller agrees to pay up to but not to exceed $
toward any contract repairs or any lender required repairs.
d. Seller will pay up to but not exceed $
for any home wanranty plans.
15. Seller will pay up to but not exceed $
defined as only Section 1 repairs)
for tenmite remediation. (For California Assets - termite remediation is
16. Seller is not hereby conveying any personal property other than as provided in the Contract of Sale and makes no
representations or warranties regarding same. Seller shall not provide a Bill of sale for any personal property located on the
premises.
17. Purchaser(s) agrees to indemnify Seller and Seller's representatives and fully protect, defend and hold Seller and Seller's
representatives harmless from and against any and all claims, liens, losses, damages, liabilities, costs, injuries, attorney's fees
and expenses of every kind and nature that may be made against Seller or the Pnoperty for any liens on the Property, any
damage to the Property and/or injury to Purchaser(s) or any other persons that may arise from Inspections, repairs,
replacements... Purchaser shall indemnify and fully protect. defend and hold Seller its servicers, representatives, agents,
attorneys and employees harmless from any and all claims. costs, liens loss, damages, attorney's fees and expenses of every
kind and nature, resulting from or arising out of any inspection, repairs, replacements or any other work performed in or upon
the premises by Purchaser or its egents, employees, contractors or assigns.,. In the event any repairs are made at the
premises, or any work or material are added to the premises, or the value of the premises is enhanced In any way, then in the
event this transaction does not close, all material added to the premises shall become the sole and exclusive property of the
Seller, and Seller shall have no liability to Purchaser or any third party for any such material or work completed.
18. All pnorations, including but not limited to, prorations of any and all taxes, fees, utilities, homeowners or condominium
association assessments and dues and any and all other charges against the Property as reflected on the settlement
statement executed by the Seller are final. No adjustments or payments will be made by Seller post closing.
19. The Purchaser(s) shall not assign its rights under any part of the Contract without Seller's prior written consent.
20 Purchaser(s) shall install new locks on the Property immediately after closing. and purchaser(s) shall hold Seller and Seller'
s representatives harmless fnom and indemnify Seller and Seller's representatives against any and all damages, claims. liens,
losses, liabilities, costs, injuries, attorneys fees and expenses of every kind and nature that may be made against Seller as a
result of Purchaser(s) failure to install new locks on the Property
Purchaser(s) initials:
Addendum Report
Date:
Seller(s) initials:
Order / Loan # 40871188
Date:
Page 2 of 3
21. Seller does not agree to provide building permits, It is purchaser(s)' responsibility to confirm building and safety
compliance on the property during the inspection period.
22. ALL INSPECTIONS and remediation from inspections (including but not limited to roof, septic, well. termite, and/or survey)
are to be PURCHASER(S)' expense unless specifically negotiated under other provisions.
23. Purchaser shall take title subject to ell existing municipal code and/or ordinance violations, and any lawsuits pending for
enforcement thereof.
24. If Purchaser(s) raises any objections to the quality of Seller's title, and title insurance is available from a reputable title
insurance company at regular rates containing affirmative coverage for the title objections, then the contract shall remain in full
force and Purchaser(s) shall perform pursuant to the terms set forth herein. If affimnative coverage is not obtainable, Seller
shall have a minimum of thirty (30) days from the earlier of the closing date or the date upon which Seller receives a copy of a
title insurance commitment or a title report within which to resolve title exceptions or defects or other title issues which in any
way impede or impair Seller's ability to convey title as required herein. If within such thirty (30) day period, Seller determines
that it is unable or unwilling to resolve such matters then the Purchaser(s) (a) may take title in its then state, thereby waiving
any title objections, or (b) terminate the contract and receive a refund of any deposit as Purchaser(s) sole and exclusive
remedy. Alternatively, in such circumstances Seller may terminate the contract and refund Purchaser(s) deposit, such refund
being Purchaser's exclusive remedy for such 1ermination. In the event Seller fails to resolve such issues within the aforesaid
thirty (30) day period, it shall be presumed that Seller has detemnined that it is unable or unwilhng to resolve such issues.
25. Occupancy of the Property shall NOT be permitted prior to closing and funding, unless specifically agreed to by Seller in
writing and only when Seller's requirements are met and Purchaser(s) signs Seller's Occupancy Agreement.
26. If the Property is located in a post foreclosure redemption period. then Purchaser has been advised and understands that
the Property is foreclosed property and is in a redemption period. Purchaser(s) is advised that the present record owner of the
Property or its successor in interest has the right to redeem and/or take possession of the Property at any time prior to the
expiration of this redemption period, and that Seller's obligations under this Contract will terminate immediately upon the
redemption or the owner taking possession of the Property. Purchaser agrees to hold SellE!r harmless from all liabilities,
losses, costs, charges, expenses and damages of any character whatsoever, including reasonable attorney's fees, sustained
by Purchaser by reason of or arising out of the redemption or the owner taking possession of the Property.
27. If the Property is located in a post foreclosure ratification/confirmation/ committee period, Purchaser(s) acknowledges
settlement will not occur until such ratification/confirmation/committee order has been granted by the courts. In the event
ratification/confirmation/committee is not granted by the courts, this contract is temninated and Seller will refund Purchaser's
deposit, such refund being Purchaser's exclusive remedy for such termination,
28, Seller's insurance is not transferable and will be cancelled at the time of closing. Seller cannot endorse existing insurance
policies to Purchaser(s), Any proceeds from insurance companies for destruction or damage through no fault of the Seller or
the Purchaser(s) shall be retained by the Seller.
29. Seller will not provide Purchaser(s) or Purchaser(s) Lender a survey. If required by the Purchaser(s) Lender, cost of
survey to be at the expense of the Purchaser(s).
30. The Contract shall not be deemed accepted by Seller until Seller's signature is effixed hereon and a fully executed original
counterpart or facsimile of the Contract has been delivered to Purchaser(s).
31. OTHER PROVISIONS
BOARD OF COUNTY
PURCHASER: COLLIER COUNTY,
Print NameD
Date:
& legal sufficiency
WITNESS
PURCHASER:
WITNESS
Print Name:
Date:
WITNESS
AS TO C?Yt;//~ /1
DATED: ~
SELLER: The Bank of New York Mellon f/k/a The Bank of New
By:
Name:
. '\l'~M;D,
A TT~ ;., .",~"'" Date
D~W?!~~ j:~,. ~~~~~; C,lerk
~ ~ t",>> l, ~
.t~ -~~-~~---:~ty Clerk f /
~ \ ~".\lAr' oj ~~9"~ser~S'~',nit'afS Date i 7 (09 Seller(s) initials
Add~rid~rr(~~p~rt Order / Loan # 40871188
Title:
Date:
Page 3 of 3
__"".....-.--,..M_.".._'___""'~_''',.....,>_,......,,_..W".'''___."_
Details
--
Property Record
Aerial Sketches"~~iI! Trim Notices
Ii
Parcel No.1138847800008
Current Ownership
Property Addressl12860 64TH AVE NE
Owner Namell WULFEN, DAVID=& NICOLE
Addressesl! 2860 64TH AVE NE
cityll NAPLES II
Legall: GOLDEN GATE EST UNIT 42 W
75FT OF TR 90
Section
31
Township
47
Range
28
Sub No.
~ Use Code
340000
1
GOLDEN GATE EST UNIT 42
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 $ 47,652.00
(+) Improved Value $ 146,968.00
(=) Just Value $194,620.00
(-) SOH Exempt Value $ 73,618,00
I (=) Assessed Value I $ 121,002.00
I (-) Homestead and other Exempt Value I $ 50,000.00
I (=) Taxable Value I $ 71,002.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
State II FL
Acres
1.14
II
Map No.
2D31
I ~ MiI~a7ge Area II
I
~
Page 1 of 1
Zipl134120 - 2690
Latest Sales History
-
The Information is Updated Weekly.
Book - Page
~lIi2
3987. 3159
~~
3141-43.4
http://www.collierappraiser. comJRecordDetail. asp ?Map=&F oli oID=000003 8847800008
..... _l]<'ill.' , ~....- ""'" ._..._"",_,.,,,._..~.........;,"_,..,_.._~
Strap No.
34000090 12D31
~ Millisa
11.5439
Amount
$ 0,00
$ 0.00
$ 136,700.00
$ 10,300.00 I
4/6/2009
Print Map
Page 1
Street Ham"
P,lfC'"
s.ubdjyt.lon~
Ae1I,als 2001(6 'nc.h UrbAni
Aerl4h z00112 fEET)
SuJldlng footp"n~
CollJ4H County
Folio Number: 38847B00008
Name: WUlFEN, DAVID=& NICOLE
Slreet# & Name: 2880 64TH AVE NE
Legal Description: GOLDEN GATE
EST UNIT 42 W 75FT OF TR 90
@ 2004. Collier County Property Appraiser. \/\hIile the Collier County Property AppraIser is committed to providing the most accurate and up~to.date information, no warranties expressed or implied are provided
for the data herein, its use, or its interpre1ation.
http://maps.collierappraiser .comlwebmap/mapprint.aspx?title=&orient= LAN~~~i\PE&pap... 4/6/2009
FILE NO. :
COMPLIANCE & INDEMNITY AGREEMENT
09-0618
June l ,2009
Collier County, a political subdivision of the State of Florida
The Bank of New York Mellon fi'k/a The Bank of New York, as Trustee
for the Benefit of the Certificateholders of Popular ABS, Inc. Mortgage
Pass-Through Certificates Series 2006-E
PROPERTY ADDRESS: 2860 64th Avenue, Naples, Florida 34120
SElTLEMENT AGENT: Southern Financial Title Services, (nc.
SETTLEMENT DATE:
BUYER:
SELLER:
The undersigned Buyer. in consideration of the services rendered by Settlement Agent, named above, and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
hereby agrees:
l. Buyer will execute any corrective documents which may be required by any interested party, after the
date of closing. without regard to the cause.
2. Buyer acknowledges that all information appearing on the HUD-I Settlement Statement has been
provided to the Seller andlor its settlement agent by independent third parties. Buyer agrees that neither
the Seller nor its settlement agent shall be responsible in any manner for any losses incurred by the
Buyer as a result of the error or omission of any such third party in transmitting the information, and
that all entries appearing on the HUD-I Settlement Statement are final and not subject to re-proration
or adjustment after the date of closing. Items which are not subject to re-proration or adjustment
include, without limitation, ad valorem and non ad valorem charges appearing on the tax bill, utility
bills, and periodic or special assessments, fmes, penalties or late charges of whatsoever nature, levied
by a private or public authority, all of which shall be the sole and exclusive responsibility of the Buyer
after the date of closing.
3. Buyer acknowledges that helshe has conducted his/her own personal inspection, agrees that he/she is
purchasing the subject property "AS IS" and is. therefore, solely responsible for bringing the property
into compliance with any applicable building and zoning codes of any Code Enforcement Board (CBB)
having jurisdiction, and for all costs, fines or penalties associated with his/her efforts.
4. Buyer further acknowledges that Seller has been advised by the CBB and/or its affiliated governmental
authority, that there are currently pending no fines, penalties, or costs of any nature, or code
enforcement proceedings or code violations, other than as shown on the HUD-I Settlement Statement
as charges to the Seller, if any. In consideration of the Seller proceeding to closing on the basis of the
referenced information from the CEB, Buyer agrees that Seller shall not be responsible for any errors
or omissions on the part of the CEB. Buyer understands and agrees that any fines, penalties or costs of
whatsoever nature which may be claimed by the CBB, or any other authority associated with the CBB
after the date of closing shall be hislher sole and exclusive responsibility.
5. Buyer will pay Immediately upon demand any and all sums of money due to any party, claimed after
the closing date, which sums were not previously disclosed to the settlement agent, and which sums are
Buyer's obligation and necessary in order to conclude settlement of the transaction.
6. Buyer will indemnify and hold harmless Settlement Agent from any and all liability of whatsoever
nature arising out of Buyer's failure to comply with the foregoing, and for any error or omission
committed by any third-party providing information to the SettJement Agent in anticipation of closing.
7. Buyer agrees to close this transaction notwithstanding the existence of any open building permit(s), or
zoning or code violations, and understands that additional financial liability may arise as a result. The
Buyer agrees to indemnify and hold harmless Seller and Settlement Agent from any and all liability
arising therefrom.
8. PROPERTIES IN UNINCORPORATED MIAMI-DADE COUNTY: Buyer has been advised that the
Miami-Dade Department of Planning and Zoning enacted on March 3, 2009 its RESOLUfrON
ADOPTING IMPLEMENTING ORDER 2-10, with an effective date of March 13,2009. Therefore, as
of the date of closing, Seller cannot comply with the provisions of Section 33-8 Code of Miami-Dade
County, Florida. Buyer agrees to conclude settlement and close notwithstanding and agrees to release,
indemnify and hold harmless Seller and Settlement Agent from any and all liability, damages, losses,
claims, adjustments, set-offs, or causes of action of whatsoever nature which buyer now has, or may
hereafter acquire.
9. Buyer waives any claims against the Seller for any defects or other damage that may exist at Closing of
the Contract and be subsequently discovered by the Buyer or anyone claiming by, through, under or
against the Buyer.
10. In the event of litigation arising out of the enforcement of any provision contained herein, the
prevailing party shall be entitled to recover attorneys' fees and costs of suit.
Buyer represents that he/she has read and understands the foregoing, has received, reviewed and
understands all relevant documents and records pertaining thereto, and has signed this document as hislher
free and voluntary act
Signed this _ day of
,2009
BUYER:
"* ~~ ~cLirdv~ fa1~
l~~
$11.~
Project: Neighborhood Stabilization Program
Folio Number: 38847800008
Property Address: 2860 64th Avenue NE, Naples, Florida 34120
SUBSTITUTE SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this I day of ~ , 2009
U
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
BOARDmF OUNTY COMMISSIONERS
COLLIER UNTY, FLOR~A _
BY:" ~ ~~
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
Jen~~:e~
Assistant County Attorney
ntl.~.ftAfldarv
WAIVER AND RELEASE REGARDING PROPERTY CONDITION AT
CLOSING
LOAN # ~
, ,.1. JJ1is Wal~er .and Release Regarding Property Condition at cloSing is given by
C::Clll~nht, 4l ~l~ ~ubtJ.J'uHk", ("Purchaser") to the Seller In connection with the purchase of the property
C!~12- ;J located et 2860 64th Ave., Naples, fL 34120 (the "Property") pursuant to the contract of sale
F~ between Purchaser and Seller dated /:1m? ~ ' 2~ (the "Contract").
purchaser acknowledges that the Property is a foreclosed property, is not new, Is being sold In Its
present condition WITHOUT ANY REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) regandlng
such condition, and that the preceding factors are reflected In the purchase price. Purchaser
acknowledges that there have been no representations by the Seller or its agenls regarding the HVAC
Purchaser acknowledges that Seller gave Purchaser the right to inspect the Property and Its contents
and, at the Purchaser's expense, have the Property and Its contents Inspected by another person to
determine whether any defects exi~. Purchaser V madel _ did not make (Inibal one) a complete
inspection and _notlfiedl ~id not nobfy (lnlbal one) Seller In writing of all defects In the
Property. Seller performed all repairs and/or replacements required under the terms and conditions of
the Contract, and any other repairs which Seller may have agreed to perform, if any, to the complete
satisfaction of Purchaser.
If Purchaser chooses not to Inspect the Property and Its contents, or if Purchaser did not cause a
oomplete inspection of the property to be made, or if Purchaser did not inform Seller In writing of any
defects In the Property within the time limit set fortl1ln contract, then Purchaser deems tile contents as
satisfactory and Seller or Its agents have no liability.
In consideration of the above, PURCHASER ACCEPTS THE PROPERTY IN ITS "AS IS' CONDITION AT
THE TIME OF CLOSING AND HEREBY RELEASES SELLER, ITS REPRESENTATIVES, AND ITS AGENTS
FROM LIABILITY FOR ANY KNOWN OR UNKNOWN DEFECT IN THE PROPERTY. This Includes
appliances, structural components and any other matter affecting the Property now existing or which
may arise in tile future, or which Seller may have agreed to repair or replace prior to the date of this
Waiver and Release, and Purchaser hereby waives any rights which Purchaser may now have or which
may arise In the future regarding the repair or replacement by Seller of any defect of the Property or Its
oompanents.
THIS WAIVER AND RELEASE IS TO BE EXECUTED ONLY AT CLOSING AND NOT PRIOR THERETO.
fJ<ecl.l;ed this day of _~ 20_.
WITNi3SES; PUROiASERS:
wmlESS PI,IROlASER
wmlESS PURCHASER
Fh'f-faOddr=> . ~ t,..(:fha/)>I?l~--, Pr/~ I FL 34f<Xl
* ,~~ ~d sgndvf1!-f(f-
Closing ~ Instnx;:tions
Order / Loan #:40871188
4/30/2009
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Project: Neighborhood Stabilization Program
Folio Number: 38847800008
Property Address: 2860 64th Avenue NE, Naples, Florida 34120
SUBSTITUTE SIGNATURE PAGE
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this I day of ~ , 2009
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Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED:~I,~
ATTEST: .\
DWIGHT E.,BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER J?5}JNTY. FL7~_
BY:!~ Jk
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
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Jenn~ 8, White
Assistant County Attorney
MEMORANDUM
Date:
April 7, 2009
To:
Gary Bigelow,
Property Acquisition Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
F ARBAR Contracts
2860 64th Avenue NE
Enclosed please find the original of the document referenced above, (Agenda
Item #IOF), which was adopted by the Board of County Commissioners on
Tuesday, March 24, 2009.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure