Earnest Money Addendum to Purchase Agreement
EARNEST MONEY
ADDENDUM TO PURCHASE AGREEMENT
THIS ADDENDUM TO PURCHASE AGREEMENT is dated as of the 11 th day of June, 2009, by and
between BAC HOME LOANS SERVICING LP, FIK/A COUNTRYWIDE HOME LOANS
SERVICING LP, a Texas Limited Partnership, whose address is 400 Countrywide Way, Simi
Valley, California 93065 as servicing agent and attorney in fact for The Bank of New York, as
Trustee for the benefit of eWALT, Inc., Alternative Loan Trust 2007-21CB Mortgage Pass-
Through Certificates Series 2007-21CB (hereinafter called "Seller"), Collier County, a Political
Subdivision of the State of Florida (hereinafter called "Purchaser"), and Berman, Rennert, Vogel and
Mandler (hereinafter called "Escrow Agent"), amending that certain Purchase Agreement between the
Parties of even date herewith.
1) Escrow Agent acknowledges that upon receipt of earnest money in the amount of $2,500.00
pursuant to the Real Estate Purchase Agreement dated June 11, 2009; entered into between Seller
and Purchaser ("Purchase Agreement") the Escrow Agent shall send written acknowledgement of
receipt of funds to the Seller and Purchaser. Escrow Agent shall hold in a non-interest bearing
account pursuant to taxpayer information provided to Escrow Agent by Purchaser.
2) If Purchaser cancels the Purchase Agreement, Purchaser must give written notice to Escrow and
Seller. If Escrow Agent does not receive a written objection from Seller within a five (5)
business day period after the date of Purchaser's written notice, then Escrow Agent shall disburse
the earnest money to Purchaser. If Escrow Agent receives a written objection from Seller within
such five (5) business day period, Escrow Agent shall continue to hold the earnest money until
Escrow Agent receives joint written instructions from Seller and Purchaser regarding
disbursement of the earnest money or until Escrow Agent receives a final order from a court of
competent jurisdiction directing Escrow Agent to release the earnest money.
3) Wherever in this Agreement it shall be required that notice or demand be given by either Party to
this Agreement to the other, such notice or demand shall not be deemed given or served unless in
writing and forwarded by (i) registered or certified mail, postage prepaid, (ii) by reputable
overnight courier such as Federal Express, Airborne or others, or (Hi) by facsimile, addressed as
follows:
To Seller at: BAC Home Loans Servicing LP, F/KJA Countrywide Home Loans
Servicing LP, a Texas Limited Partnership
400 Countrywide Way, Simi Valley, CA 93065
Attn: Real Estate Management - NSP
To Purchaser at: Collier County, a Political Subdivision of the State of Florida
3301 Tamiami Trail East
Naples, FL 34112
Attn: Gary Bigelow
To Escrow Agent at: Berman, Rennert, Vogel and Mandler
100 SE 2nd Street - 29th FIr
Miami, FL 33131
Attn: Scott Levine
The date of notice shall be the date deposited in the U.S. Mail, with an overnight delivery service, or sent
by facsimile.
4) The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be
under no obligation to determine whether the other parties hereto are complying with any
Addendum - Page 1
requirements of law of the terms and conditions of any other agreements among said parties.
Escrow Agent may conclusively rely upon and shall be protected in acting upon any notice,
consent, order or other document believed by it to be genuine and to have been signed or
presented by the proper Party or parties, consistent with reasonable due diligence on Escrow
Agent's part. Escrow Agent may consult the advice of counsel with respect to any issues'
concerning the interpretation of its duties hereunder Purchaser and Seller hereby acknowledge
such fact and indemnify and hold hannless Escrow Agent from any action taken by it in good
faith in reliance thereon. Escrow Agent shall have no duty or liability to verify any such notice,
consent, order or other document, and its sole responsibility shall be to act as expressly set forth
in this Agreement. Escrow Agent shall be under no obligation to institute or defend any action,
suit or proceeding in connection with this Agreement. If any dispute arises with respect to the
disbursement of any monies, Escrow Agent may continue to hold the same or commence an
action in interpleader and in connection therewith remit the same to a court of competent
jurisdiction pending resolution of such dispute, and the Parties hereto hereby indemnify and hold
harmless Escrow Agent for any action taken by it in good faith in the execution of its duties
hereunder. The Parties agree that there may exist a potential conflict of interest between the
duties and obligations of Escrow Agent pursuant to this Agreement and as insurer of the title to
the property after sale from Seller to Purchaser. The Parties hereto acknowledge such potential
conflict and indemnify and hold harmless Escrow Agent from any claim of interest arising as a
result of the exercise of its duties hereunder and in determining whether it can give its irrevocable
commitment to insure title.
SELLER:
BAC HOME LOANS SERVICING LP, FIKIA
COUNTRYWIDE HOME LOANS SERVICING
LP, a Texas Limited Partnership, as servicing agent
and attorney in fact for The Bank: of New York, as
Trustee for the benefit of eWALT, Inc., Alternative
Loan Trust 2007-21CB Mortgage Pass-ThrQugh
Certific te Series 200 CB
By:
Its:
PURCHASER:
Collier COWlty,
A Political Subdivision of the State of Florida
See substitute signature pal!:e attached hereto*
ESCROW AGENT:
Berman, Rennert, Vogel and Mandler,
By:
Its:
Addendum - Page 2
Project: Neighborhood Stabilization Program
Folio Number: 38607440006
Property Address: 380 47'h Ave NE, Naples, 34120
Document: Earnest Money Addendum
SUBSTITUTE SIGNATURE PAGE
Date property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: ,,~~j{,jpCj
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BOARD OF COUNTY COMMISSIONERS
COLLIER 9. NTY, FLORI
BY: /1
Donn Fiala, Chairman
Approved as to form and
legal sufficiency:
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Jennifer B. White
Assistant County Attorney
LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978
TO PURCHASE AGREEMENT BETWEEN
BAC HOME LOANS SERVICING LP, FIK/A COUNTRYWIDE HOME LOANS
SERVICING LP, a Texas Limited Partnership, whose address is 400 Countrywide Way, Simi
Valley, ealifornia 93065 as servicing agent and attorney in fact for The Bank: of New York, as
Trustee for the benefit of ew AL T, Inc., Alternative Loan Trust 2007-21 CB Mortgage Pass-
Through Certificates Series 2007-21CB, AS SELLERAND
Collier County, a Political Subdivision of the State of Florida, AS PURCHASER
LEAD WARNING STATEMENT
Every purchaser of any interest in residential real property on which a residential dwelling was built
before 1978 is notified that such property may present exposure to lead from lead-based paint that may
place young children at risk of developing lead poisoning. Lead poisoning in young children may
produce permanent neurological damage, including learning disabilities, reduced intelligence quotient,
behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant
women. Seller of any interest in residential real property is required to provide the purchaser with any
information on lead-based paint hazards from risk assessments or inspections in Seller's possession and
notify the purchaser of any known lead-based paint hazards. A risk assessment or inspection for possible
lead-based paint hazards is recommended before purchase.
SELLER'S DISCLOSURE
1. Presence oflead-based paint and/or lead-based paint hazards (check items a or b below):
a. _ Known lead-based paint and/or lead-based paint hazards are present in the
housing. If chec1:ed, the following explanation is provided:
b. _X_ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in
the housing.
2. Records and reports available to Seller (check item a or b below):
a. _ Seller has provided Purchaser with all available records and reports pertaining to
lead-based paint and/or lead-based paint hazards in the housing. If checked, the following
documents were provided:
b. _ X_Seller has no reports or records pertaining to lead-based paint and/or lead-based
paint hazards in the housing.
PURCHASER'S ACKNOWLEDGMENT
1. Purchaser has read the Lead Warning Statement above and understands its contents, and has
received copies of all information listed above.
2. Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.
3. Purchaser has either (check one of the boxes below):
o
received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk
assessment or inspection for the presence of lead-based paint and/or lead-based
paint hazards; or
waived the opportunity to conduct a risk assessment or inspection for the presence of
lead-based paint and/or lead-based paint hazards.
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Addendum - Page 3
SELLER:
BAC HOME LOANS SERVICING LP, FIKIA
COUNTRYWIDE HOME LOANS SERVICING
LP, a Texas Limited Partnership, as servicing agent
and attorney in fact for The Bank of New York, as
Trustee for the benefit ofCW ALT, Inc., Alternative
Loan T t 2007-21 eB Mortgage Pass-Through
Certifi te Series 20 - eB
By:
Its:
PURCHASER:
Collier County,
A Political Subdivision of the State of Florida
* See substitute simature Da2e attached hereto*
Addendum - Page 4
Project: Neighborhood Stabilization Program
Folio Number: 38607440006
Property Address: 380 47'h Ave NE, Naples, 34120
Document: Lead Paint Addendum
SUBSTITUTE SIGNATURE PAGE
Date property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
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BOARD OF COUNTY COMMISSIONERS
COLLIE UNTY, F2DA_
a Fiala, Chairman
Approved as to form and
legal sufficiency:
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Jennifer B. White
Assistant County Attorney
AGENT'S ACKNOWLEDGMENT
BY AGENT'S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT:
Agent has informed Seller of Seller's obligations under 42 D.S.C. ~4852d and is aware of his or
her responsibility to ensure compliance.
CERTIFICATION OF ACCURACY
The following parties have reviewed the information above and certify, to the best of their
knowledge, that the information they have provided is true and accurate.
Seller
date
Listing broker/agent
date
AS TO PURCHASER:
DATED: e:,ht../d9
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ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Don a Fiala, ChaIrman
::: A " . :':~"" ~~ . ' Deputy.Clerk
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Approved as to form and
legal sufficiency:
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Assistant County Attorney
Addendum - Page 5
Addendum 2
State and Local Laws
Addendum - Page 6