As Is Contract for Sale and Purchase #1
THIS FORM HAl BEEN APPROVED BV 11tE PLORIDA AIIOCIATION OF REAL'fOIItP AND THE FLORIDA lIAR
"As Is" ContI ;Jet Fat 5.11(' And PlIl ell.!',.'
1 * PARTIES: ("Seller"),
2* and ("Buyerj,
3 hereby agree that SeHer shall sell and Buyer shall buy the followl described Real Property and Personal Property (collectively "Propertyj
4 pursuant to the terms and conditions of this Contract for Sale and Purchase and e1rf riders and addenda ("Contract"):
5 I. DESCRIPTION: /J~ I '
6* (a) Leg rlp.'on of the Real rope t...V'J I ~ r
r ~r
8* (b) Street address, city, zip, of the Property:
9 (0) Personal Property Includes existing range(s), refrlgerator(s), dlshwasher(s), celHng fan(s), "g
10 specifically excluded below.
11. Other items Included are:
12.
13.
14.
Items of Personal Property (and leased Items, If any) excluded are:
15. II. PURCHASE PRICE (U.S. currency): . , . , . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . , . . . . , . . . . . . . . . . . . . . . . . . .
16 PAYMENT:
17. (8) Deposit held in escrow by ("Escrow Agent") In 1tIe arrount of (checks subject to clearance)
18. Escrow Agent's address: Phone:
19" (b) Addltlonal escrow deposit to be made to Escrow ~ within _ days after Effective Dale In the amount of, . , , , . . , . ,
20* (e) Anancing in the amount of(oLoan Amountj see Paragraph IV beloW . . . , , , . . . . , , . . . . . , . . , . . . . . . , . . . . . . , . . . . . . . ,
21* (d) Other.. , . . , . ., , . . . . . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . , . , . . . . . . . . . . . . . , . . , . , . . . . . , . . , . . . . , . , . . ,
~~ ~::=c:ee~c::,.~~.~~~~.~~~~.~~~~~~.~.~.~k.~~~~,.~~~................. $ 104. 0t?, ~.
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this offer is not executed by and cIeIlvered to all parties OR FACT OF EXECUTION communicated In writing between the parties on or
26. before ' the deposlt(s) will, at Buyer's option. be returned and this offer withdrawn. Unless other-
27 wise sta1ec:I, the time for ecoeptance of any counteroffers shell be 2 days from the date the counteroffer 18 delivered.
28 (b) The date of Contract ("Effectlve Date") will be the date when the last one of the Buyer and Seller has signed or Initialed this offer or the
29 final counteroffer. If such date is not otherwise set forth in thiS Contract. then the "Effective Date" shall be the date determined above for
30 acceptance of this offer or, if applicable, the final counteroffer.
31 Iv. ENCING:
32" (a) ThIs is a cash transaction with no contingencies for financing;
33* (b) This Contract is con1i1gent on Buyer obtBlni'lg written loan 000TI1ilment wh1ch oon1ims underwriting ba1 apprcvaI for a loan to purchase
34* the Property ("Loan Approval") within _ days (If blank. then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY
35. ONE): (] a 1Ixed; (] an actustable; or (] a fixed or ad;JstebIe rete ba1. i'I the Loan AmOlJ'lt (See Paragraph 1I.(e)) at an iitIaIlnterest rate not to
36. exceed %, and for a term of _ years. Buyer will make application wtthln _ days (If bIlrk, then 5 days) after Bfecttve Date.
37 BUYER: Buyer shall use reasonable dilgence to: ob1aln Loan Approval; notify Seller In wriUng of nIC8Ipt of Loan Approval by Loan Approval
38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval wI1Ich requires a condition related to the sale of other property shall
39 not be deemed Loan Approval for purposes of this subperagreph. Buyer shall pay aU loan expenses. Buyer authorizes the mortgage brokeI1s) and
40 Iender(s) to disclose information regarding the condIlIons. status, and progress of loan appIcatIon and Loan Approval to Seller. Seller's attorney,
41 real estate Iicensee(s), and Closing Agent.
42 SBJ.ER: If Buyer does not dellver to SeIer 'Mitten notice of Loan ApprcMJI by Loan Approval Date, Seller may thereafter cancel this Contract by
43 deIIveri1g wrttten notice ("SeIer's Cancella.tion NotIce") to Buyer, but not later than seven (7) days prior to Closi1g. SeIIer's Cancellation NotIce shal
44 notify Buyer that Buyer has three (3) days to deliver to Seller wrttten notice waIvi1g this Financing contingency, or the Contract shall be an::eIIed.
45 DEPOSIT(S) (for purposes of this Flnenclng FWagI1lph 1V(b) only): If Buyer has used reasonable d1Rgence but does not obtain Loan Approval
46 by Loan Approva/ Date, !I1d thereafter either party elects to cancel ttVs Contract, the deposlt(s) shaD be retLmed to Buyer. If Buyer obtains Loan
47 Approval or waives this Financing contingency, and thereafter the Contract does not dose. then the deposlt(s) shal be paid to Seller; provided how-
48 fN9r. if the failure to close Is due to: (l) SeIer's failure or rafusaJ to close or Seller otherwise fal1s to meet the terms of the Contract. or (I) Buyer's lender
49 fails to receNe and approve an appraiseI of the Property i'I an amount suffldent to meat the terms of the Loan Approval. then the deposit(s) shall be
50 returned to Buyer.
51" Q (c) Assumption of existing mortgage (see rider for terms); or
52* Q (d) Purchase money note and mortgage to Seller (see ";:.s Is" Standards B and K and riders; addenda; or special clauses for terms),
53* V. TITLE EVIDENCE: At least _ days ~ blank. then 5 days) before ClosIng a titlelnsuranc:e cornrrltment with legible cq:lies of instnments 6sted as
54 exceptionS attached thereto (''l}) Commltmenti and, after ClosIng, an owner's policy of title insurance (see standard A for terms) shall be obtained by:
55* (CHECK ONLY ONE): ~ ~1) Seller, at SeHer's expense and delivered to Buyer or Buyer's attorney; or
56* (] (2) Buyer at Buyer's expense.
5r (CHECK HERE): (] If an abstract of title Is to be furnished Instead of title Insurance, and attach rider for terms.
58* VI. ClOSING DATE: ThIs transaction shall be closed and the closing ci:lCl.menls delivered on ("Closing"), unless
59 modified by other pI'O\4sions of this Contract. In the everlt of extJem9 weather or other oondItIons or tiMiInIs constituting "force mejeure", Closing wII be
60 extended a reElSOllalje time lJ'1tI: (i) restoratlon of utIIIIIes and other SEI'\'ioes essential to C1clElirG, and (i) avaIIabIIty of Hazard, WInd, Aood, or Homeowners'
61 * i1surance. If such condiIlons rontInue rrore hn _ days (If blank, then 14 da)4s) beyond c::lo9ng Date. then either party rrey canoeI this Contract.
FAAI8AR .ASIS-2x Rev. 2/08 C 2006 Florida Association of RfAL'I'ORS" and The Ronda Bar All Rights Reserved Pag. 1 of 5 ~
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$ 61;sC'o
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62 VII. RESTRICTIONS; EASEMENTSj LIMITATIONS: Seller shall convey marketable title subject to: oomprehenslve land use plans, zoning,
63 restrictions, prohibitions and other requirements imposed by governmental authority; restrlotlons and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding 011, gas and mineral rights of record without right of entry; unplatted public utility easements of record
65 (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
66 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional Items, see
67" addendum); provided, that ti'lel'e 6Xiet3 et Qleeil'lfj ne AelfltleR ef tIoIe fel'6~ein~ and none prevent use of the Property for
68" purpose(s).
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended
70 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS" Standard
71 F. If oooupaney is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of oeoupancy, shall be responsible and liable
72 for maintenance from that date, and shall be deemed to have accepted Property In its existing condition as of time of taking occupancy.
73 IX. TYPEWRllTEN OR HANDWRllTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract In conflict with them.
75" X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer CJ may assign and thereby be released from any further liability under this Contract; CJ may
76* assign but not be released from liability under this Contract; or CJ may not assign this Contraot.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid speoial assessment Uen(s) imposed by a public body ("public body. does not include a
79 Condominium or Homeowners' Association), Suoh Iien(s), if any, whether certified, confirmed and ratified, pending, or payable in Installments.
80* as of Olosing, shall be paid as follows: CJ by Seller at closing CJ by Buyer (if left blank, then Seller at Closing). If the amount of any
81 assessment to be paid by Seller has not been finally determined as of Olosing, Seller shall be charged at 010sing an amount equal to the
82 last estimate or assessment for the improvement by the public body.
83 (b) Radon Is a naturally occurring radioactive gas that when accumulated in a building In sufficient quantities may present health risks to per-
84 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings In Florida,
85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer Is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (el) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Broohure required by Seotlon 553,900, F,S.
89 (e) If the Real Property includes pre-1978 residential housing, then a lead-based paint rider Is mandatory.
90 (f) If Seller is a "foreign person" as defined by the Foreign Investment In Real Property Tax Act, the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TION/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S OURRENT PROPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A OHANGE OF OWNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE ANY QUESTIONS CONCERNING VALUAllON, CONTAOT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98. XIII. HOME WARRANTY: CJ Seller Q Buyer CJ N/A will pay for a home warranty plan Issued by
99* at a cost not to exceed $
100* XlV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have _ days from Effective Date ("Inspection Period") within
1 01 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the
102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such Inspections and repair of damage
103 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract;
104 and (c) if Buyer determines, in Buyer's sole discretIon, that the Property Is not acceptable to Buyer, Buyer may cancel this Contract
1 05 by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely
106 cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyer and Seller shalf be released of
107 all further Obligations under this Contract, except as provided in thIs Paragraph XlV. Unless Buyer exercises the right to cancel
108 granted herein, Buyer accepts the Property In its present physIcal condition, subject to any violatIon of govemmental, building,
109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
110 required by Buyer's lender.
111 Xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Oontract:
112* Q CONDOMINIUM CJ VA/FHA CJ HOMEOWNERS' ASSN. Q LEAD-BASED PAINT CJ OOASTAL CONSTRUCTION CONTROL LINE
113* CJ INSULATION Q EVIDENOE OF TITLE (SOUTH FLORIDA OONTRAOTS) CJ Other Comprehensive Rider Provisions CJ Addenda
114* Special Clause(s):
115*x116"
117*
118.
119.
120.
121*
122"
123*
124*
125.
126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
127 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Oontract.
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128
129
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS. AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this Contraot should be accepted by the parties In a
partioular transaction. Terms and conditions should be negotiated based upon the respective Interests. objectives and bargaining
positions of all interested persons.
AN ASTERISK(*) FOllOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
* Board of County Commissioners
lier Count Florida
na la a, a~an (DATE)
~ ~ l(/1~i
(DATE)
130
131
132
133
134
(SELLER)
(DATE)
137.
138 {BUYER
139. Buyers' address for purposes of notice
140*
(SELLER)
Sellers' address for purposes of notice
(DATE)
141. Phone Phone
142 BROKERS: The brokers (including cooperating brokers. if any) named below are the only brokers entitled to compensatio in connection with
143 this Contract: LJ..,.", 1 _.LJ .-,.J- .4 A ~ ...
144* Name: f{"fLP/'( ~7 ~
145 . Cooperating Brokers, if any Listing Broker
* AS TO COUNTY:
DATED:
LJ ) 1-1 ct1
ATTEST:~,., . i'~
DWIG~;~"E.~ 'grio~~, CLERK
r:iJJw;;/~~
~~~t:Ii~'~D~~ 7=fi
t'1~ltuJ:" Oft I ·
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146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
147 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title Insurer agreeing to IsSue Buyer, upon recording of the deed to Buyer,
148 an owner's polley of title insurance In the amount of the purchase price, Insuring Buyer's marketable title to the Real Property, subject only to matters contained
149 In Paragraph VII and those to be discharged by Seller at or before Closing, Marketable title shall be determined according to applicable Title Standards adopt-
150 ed by authority of The Rorida Bar and in accordance with law. Buyer shall have 5 days from date of receMn9 the Title Commitment to examine It, and If title Is
151 found defective, notify Seller In writing specifying defect(s) which render title unmarketable, Seller shall have 3D days from receipt of notice to remove the
152 defects, falling which Buyer shall, within 5 days after expiration of the 3D day period, deliver written notice to Seller elther: (1) extending the time for a reason-
153 able period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposlt(s) paid which shall
154 be retumed to Buyer, If Buyer falls to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, If title Is found unmarketable,
155 use diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller Is unable to timely correct the defects, Buyer shall either waive the
156 defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller Is to provide the Title
157 Commitment and it Is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
158 to examine same In aceordance with this "AS IS" Standard.
159 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a
160 30 day grace period In the event of default If a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment
161 In whole or In part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbranees to be kept
162 in good standing; shall forbid modifications of, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insuranee containing a
163 standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within the term "extended eoverage
164 endorsements' and such other risks and perils as Seller may reasonably require, In an amount equal to their highest insurable value; and the mortgage, note
165 and security agreement shall be otherwise In form and content required by Seller, but Seller may only require clauses and coverage customarily found In mort-
166 gages, mortgage notes and security agreements generally utlHzed by savings and loan Institutions or state or national banks located in the county wherein the
167 Real Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evl-
168 denced by recorded or filed financing statements or certi1lcates of title. If a balloon mortgage, the final payment will exceed the periodic payments thereon.
169 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certl-
170 fled by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that Improvements located thereon encroaeh on setbaek
171 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
172 D. WOOD DESTROYING ORGANISMS: DELETED
173 E. INGRESS AND EGRESS: Seller warrants and represents that there is Ingress and egress to the Real Property sufficient for Its Intended use as described
174 in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS" S1andard A without exception for lack of legal right of access.
175 F. LEASES: Seller shall at least 10 days before Closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature
176 and duration of the tenant's occupancy, rental rates, advanced rent and security deposlts paid by tenant. If Seller Is unable to obtain such letter from each ten-
177 ant, the same information shall be furnished by SeUer to Buyer within that time period In the form of a Seller's affidavit, and Buyer may thereafter contect ten-
178 ant to confirm such Information. If the terms of tha leases differ materially from Seller's rapresentatlons, Buyer may terminate this Contract by delivering written
179 notiee to Seller at least 5 days prior to Closing. Seller shall, at Closing, deliver and assign all original leases to Buyer.
180 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any flnanelng statement,
181 claims of lien or potentlalllenors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days Imme-
182 diately preceding date of Closing. If the Real Property has been Improved or repaired within that time, Seller shall deliver releases or waivers of construction
163 liens executed by all general contractors, subcontractors, suppliers and materialmen In addition to Seller's lien affidavit setting forth the names of all such gen-
184 eral eontractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
185 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract.
186 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing
187 Agent") designated by the party paying for title insurance, or, If no title insurance, designated by Seller.
188 I. TIME: Calendar days shall be used In computing time periods except periods of less than six (6) days, In which event Saturdays, Sundays and state or natlon-
189 allegal holidays shall be excluded. Arry time periods provided for herein which shall and on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p,m, of the
190 next business day. Time Is of the essenee In this Contract.
191 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of Ieas-
192 es, tenant and mortgagee estoppel letters and corrective Instruments. Buyer shall fumlsh mortgage, mortgage note, security agreement and financing statements.
193 K. EXPENSES: Documentary stamps on the deed and recording of eorrectlve Instruments shall be paid by Seller. All costs of Buyer's loan (whether obtelned
194 from Seller or third party), Including, but not limited to, documentary stamps and Intangible tax on the purchase money mortgage and any mortgage assumed,
1 95 mortgagee title Insurance commitment with related fees, and recording of purChase money mortgage, deed and flnanelng statements shall be paid by Buyer.
196 Unless otherwise provided by law or rider to this Contract, charges for related closing services, title search, and closing fees (Including preparation of closing
197 statement), shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
198 L. PRORATIONS; CREDITS: Taxes, assessments, rent, Interest, insurance and other expenses of the Property shall be prorated through the day before Closing.
199 Buyer shall have the option of taking over existing pOlicies of insurance, If assumable, In which event premiums shall be prorated. Cash at Closing shall be
200 Increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, If occupancy oceurs before Closing. Advance
201 rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated besed on the current
202 year's tax with due allowance made for maxJmum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mlll-
203 age Is not fixed and current year's assessment Is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess-
204 ment is not available, then taxes will be prorated on prior year's tax. If there are completed Improvements on the Real Property by January 1 st of year of Closing,
205 which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assess-
206 ment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking Into
207 account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill.
208 M. (RESERVED - purposely left blank)
209 N. INSPECTION AND REPAIR: DELETED
210 O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by flra or other casualty (.Casualty Loss') before Closing and cost of restoration (which
211 shall Inelude the cost of pruning or removing damaged trees) does not exeeed 1,5% of the Purchase Price, eost of restoration shall be an obligation of Seller and
212 Closing shall proceed pursuant to the terms of this Contract, and if rastoratlon is not completed as of Closing, restoration costs will be escrowed at Closing, If
213 the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall elther take the Property as Is, together with the 1.5% or receive a refund of deposlt(s)
214 thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree damage by casualty or other natu-
215 ral oeeurrence shall be the cost of pruning or removal.
216 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, if the title agent insures adverse matters pursuant to Section 627.7841,
217 F.S., as amended, the escrow and closing procedure required by this "AS IS. Standard shall be waived. Unless waived as set forth above the following
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218 liAS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 closing proeedures shall apply: (1) all closing proceeds shall be held In escrow by the Closing Agent lor a period of not more than 5 days after Closing; (2)
220 if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller In writing of the defeet and Seller shall
221 have 30 deys from date of receipt of such notification to eure the defect; (3) If Seller falls to timely cure the defect, all deposits and closing funds shall, upon
222 written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal
223 Property, vacate the Real Property and reeonvey the Property to Seller by speolal warranty deed and bill 01 sale; and (4) II Buyer falls to make timely demand
224 for refund, Buyer shall take title as Is, waMng all rights against Seller as to any Intervening defect except as may be available to Buyer by virtue of war-
225 rantles contained In the deed or bill of sale.
226 a. ESCROW: Any Closing Agent or escrow agent (oollectively "Agent") receiving funds or equivalent Is authorized and agrees by acceptance of them to deposit
227 them promptly, hold same in escrow and, subject to clearance, disburse them In accordance with terms and conditions of this Contract. Failure of funds to
228 clear shall not excuse Buyer's performance. If In doubt as to Agent's duties or liabilities under the provisions 01 this Contract, Agent may, at Agent's option, con-
229 tlnue to hold the subject matter of the escrow until the parties hereto agree to Its disbursement or until a judgment of a court of competent jurisdiction shall
230 determine the rights of the parties, or Agent may deposit same with the elerk of the circuit court having jurisdiction of the dispute. An a110rney who represents
231 a party and also acts as Agent may represent such party in such action, Upon notifying all parties concerned 01 such action, all liability on the part of Agent
232 shall fully terminate, exeept to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply wtth
233 provisions of Chapter 475, F.S" as amended. Any suit between Buyer and Seller wherein Agent Is made a party because of acting as Agent hereunder, or In
234 any suit wherein Agent Interpleads the subject matter of the escrow, Agent shall recover reasonable attomey's lees and costs Incurred with these amounts to
235 be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs In favor of the prevailing party. The Agent shall not be liable
236 to eny party or person for misdelivery to Buyer or Seller of Items subject to the eserow, unless such misdelivery Is due to willful breach of the provisions of this
237 Contract or gross negligence of Agent.
238 R. ATTORNEY'S FEES; COSTS: In any litigation, Ineludlng breach, enforcement or Interpretation, arising out of this Contract, the prevailing party In such /111-
239 gatlon, which, for purposes of this "AS IS' Standard, shall Include Seller, Buyer and any brokers ectlng In agency or nonagency relationships authorized by
240 Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party raasonable attorney's lees, eosts and expenses.
241 S. FAILURE OF PERFORMANCE: If Buyer falls to perform this Contract within the time specified, Including payment of all deposits, the deposlt(s) paid by
242 Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agread upon liquidated damages, consideration for
243 the execution of this Contract and In full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller,
244 at Seller's option, may proceed In equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title mar-
245 ketable after diligent effort, Seller falls, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the retum of Buyer's
246 deposlt(s) without thereby waiving any action lor damages resulting from Seller's breach.
247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: COPIES: Neither this Contract nor any notice of it shall be racorded in any publle records.
248 This Contract shall bind and Inure to the benefit of the parties and their successors In interest. Whenever the context permits, singular shall Include plural and
249 one gender shall Include all, Notice and delivery given by or to the attorney or broker representing any party shall be as effective as If given by or to that party.
250 All notlees must be in writing and may be made by mail, personal delivery or electronle media. A legible facsimile or electronic Oncludlng 'pdt") copy of this
251 Contract and any signatures hereon shan be considered for all purposes as an original.
252 U. CONVEYANCE: Seller shan convey marketable title to the Real Property by statutory warranty, trustee's, personel representative's, or guardian's deed, as
253 appropriate to the status of Seller, subject only to matters contained In Paragraph VII and those otherwise accepted by Buyer. Personal Property shell, at the
254 request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein.
255 V, OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included In this Contract. No mod-
256 iflCatlon to or change In this Contract shall be valid or binding upon the parties unless In writing and executed by the parties intended to be bound by It.
257 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or
258 which have not been disclosed to Buyer; (2) Seller extends and Intends no warranty and makes no representation of any type, either express or implied,
259 as to the physical eondition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as
260 to a currently uncorrected building, environmental or safety code vlolationi (4) Seller has no knowledge of any repairs or Improvements made to the
261 Property without compliance with governmental regulation which have not been disclosed to Buyer.
262 X. PROPERTY MAINTENANCE: PROPERTY ACCESS: ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including,
263 but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon
264 reasonable notice, provide utilities service and access to the Property for appraisal and Inspections, Ineludlng a walk-through prior to Closing, to confirm that
265 all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard, Seller will assIgn all
266 assignable repair and treatment contracts and warranties to Buyer at Closing,
267 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter Into a like-kind exchange (either simultaneous with Closing or deferred) with respect to the Proparty
268 under Section 1031 of the Internal Revenue Code ('Exchange"), the other party shall cooperate In all reasonable respects to effectuate the Exehange, Includ-
269 Ing the execution of doeuments; provided (1) the cooperating party shall Incur no liability or expense related to the Exchange and (2) the Closing shall not be
270 contingent upon, nor extended or delayed by, such Exchange.
271 Z, BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved
272 In the negotlafion of the Contraet. for any defects or other damage that may exist at ClosIng of the Contract and be subsequently discovered by the
273 Buyer or anyone e/aimlng by, through, under or against the Buyer.
FAR/BAR ASIS-2x Rev. V08 Cl 2008 Florida Association of REALTORs"' and The Florida Bar All Rights Reserved Page 5 of 5
This 80ftware i. lic.n..d to [C.rter Wh..ler - ~r1v..t R.alty - winfleld & A..ociat.., InG.) www.tran..ationd..k.oom.
~
D3
DISCLOSURE REGARDING FDIC INSURANCE COVERAGE OF DEPOSIT FUNDS @
.....
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 BuyerlTenant 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 BuyerlTenant, and are combined with any and all other BuyerlTenant
deposit accounts held by the institution holding the Deposit Funds. Therefore, if BuyerlTenant holds
any other deposits with the institution holding the Deposit Funds, BuyerlTenant is urged to
immediately contact that institution to confirm that all BuyerlTenant funds, including the Deposit
Funds, are fully FDIC insured.
BuyersITenants 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 BuyerlTenant 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 BuyerlTenant or Seller/Landlord to determine whether BuyerlTenant deposit funds are fully FDIC
protected and insured.
BuyerslTenants and Sellers/Landlords wishing to learn more about FDIC insurance coverage are
encouraged to visit the FDIC website at www.myfdlcinsurance.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.
Receipt of this Disclosure is acknowledged below.
(Seller's/Landlord's Signature)
(Date)
(Buyer'slT enant's Signature)
~uyer'sIT enant'. Slgnatu,")
(Date)
(Seller's/Landlord's Signature)
(Date)
(Date)
CC>2008 Naples Area Board of REAL TORS@ and Association of Real Estate Professionals. Inc. All Righ1s Reserved. (NAB OR 1011612008)
Th1e eoftwere 1e l1ceneed to [Certer Wheeler - Amer1v.et Reelty - Winfield' A.eociet." Inc.] l~tIr~
www.treneectiondeek.com. 1tJ~.r~
D3
NOTICE OF NO BROKERAGE RELATIONSHIP
1St
~
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,
~/4.Il/- ~~
, (Name of Real Estate B erage)
owe to you the following duties:
and its Associates
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)
(SIGNATURE)
(DATE)
@2007 Naples Area Board of REAL TORS(!) and Association of Real Estate Professionals, Inc. All Rights Reserved. (NABOR 9/15/2007)
Contad IDformadoD
Buyer:
Address:
Plaone(home):
EmaD:
(work)
(cell)
Lender Name:
Contact:
Em.O:
Phone:
Attorney Name:
Address:
Phone (oma):
EmaD: .
(fo)
(ceO)
Buyer's Agent Name:
Address:
Phone (omce):
Email:
(ceO)
(fax)
Details
~
Property Record
Aerial
Sketches
~
Parcel No.1140063160002
Page I of I
Trim Notices
I
~
Current Ownership
Property Addressl14040 31ST AVE NE
Owner Name LASALLE BANK NA T'L ASSN TR
Addresses IDELITY/EMC MORTGAGE CORP
800 STATE HIGHWAY 121 BYP
City LEWISVILLE I State I TX
Legalll GOLDEN GATE EST UNIT 67 E
175FT OF TR 34
Section
21
Township
48
Zip 175067 - 4180
Acres
1.14
Map No.
3021
Strap No.
346300 34 13021
Sub No.
~ Use Code
346300
1
GOLDEN GATE EST UNIT 67
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 $ 98,736.00
(=) Just Value $161,436.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 161,436.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $161,436.00
SOH = "Save Our Homes" exempt value due to cap on assessment
inereases.
Latest Sales History
Date
12/2008
03 I 2006
05 I 2003
Book - Page
4417 - 397
3995 - 1107
3288 . 3468
Amount
$ 100.00
$ 91,000.00
$ 21,000.00
--
The Infonnation is Updated Weekly.
http://www.collierappraiser.comlRecordDetail.asp ?Map=&F olioID=0000.2~026.~_! 60002
4/6/2009
Print Map
Page 1 ')f 1
..
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PAf~.
S...bdl'VJalon.
Aeil&l-s 2001 flinch UfbAnI
.......144.200112 FEH}
Building Footprints.
Colli... CQunty
Folto Number: 40063160002
Name: LASALLE BANK NATL ASSN
TR
Slntel# & Name: 4040 31ST AVE NE
Legal DescriptIon: GOLDEN GATE
EST UNIT 67 E 75FT OF TR 34
@ 2004. Collier County Property Appraiser. VVhile the Collier County Property Appraiser is committed to providing the most accurate and upMto-date information, no warranties expressed or implied are provided
for the data herein, ita use, or its interpretation.
htto:/ /maos.collierappraiser .com/webmap/mapprint.aspx?title=&orient= LA!'!J?~CAPE&pap... 4/6/2009