As Is Contract for Sale and Purchase #2
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORse AND THE FLORIDA BAR
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US BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS
OF THE HOME EQUITY ASSET TRUST 2006-7 HOME EQUITY PASS THROUGH
PARTIES: CERTIFICATES, SERIES 2006-7 ("Seller"),
and COLLIER COUNTY, a political subdivision ot the ~tare or rlUllUa ("Buyer"),
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) Leoal description of the Real Property located In COLLIER
TRACT 35 GOLDEN GATE EST UNIT 11 PLAT BK 4, PGS 103-104
(b) Street address, city, zip, of the Property:_ 781 GOLDEN GATE BLVD W NAPLES, FL 34120
(c) Personal Property includes existing rangers), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless
specifically excluded below. .
Other items included are: Not applicable
County, Florida: EAST 75' OF WEST 180'
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Items of Personal Properly (and leased items, if any) excluded are: Not applicable
15* II. PURCHASE PRICE (U.S. currency):.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 PAYMENT:
17* (a) Depostl held in escrow by _. LANDCASTLE TITLE ("Escrow Aoent") in the amount of (checks subject to clearance)
18* Escrow Agent's address 1000 CENTRAL PARKWAY #300 ALANT A, GA 30328,Phone:813-265-0304 _
19* (b) Additional escrow deposit to be made to Escrow Agent within ~ days after Effective Date in the amount of. . .
20* (c) Financing in the amount of ("Loan Amount") see Paragraph IV below. .. ......... . . . . . . . . . . . . . .
21* (d) Other,.. . . . .. . . . . .... . .. . . '" . . . . .. .. '" .. ... . . .. .. . . . . . . ... . . . . . .. . . . . .. .. .
22 (e) Balance to close by cash, wim transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
23* to adjustments or prorations. . . . . . . . . . . . . . . . . .. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or
26* before 10 days from counteroffer , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other-
27 wise stated, the time for acceptance of any counteroffers shall be 2 days from the date the counteroffer is delivered.
28 (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
29 final counteroffer. If such date is not otherwise set forth in this Contraci, then the "Effective Date" shall be the date determined above for
30 acceptance of this offer or, if applicable, the final counteroffer.rOeposit due within 10 days of Effective date.
31 IV. FINANCING: Counteroffers included any Addenda submitted after either party signs.
32* .~ (a) This is a cash transaction with no contingencies for financing;
33* 0 (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval 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): 0 a fixed; 0 an adjustable; or 0 a fixed or adjustable rate loan, in the Loan Amount (See Paragraph 1I.(c)) at an Initial interest rate not to
36* exceed %, and for a term of _ years. Buyer will make application within _ days (if blank, then 5 days) after Effective Date.
37 BUYER; Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval
38 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
39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and
40 lender(s) to disclose information regarding the conditions, status, and progress of loan application and Loan Approval to Seller, Seller's attorney, .
41 real estate licensee(s), and Closing Agent.
42 SELLER: if Buyer does not deliver to Seller written notice of Loan Approval by loan Approval Date, Seller may thereafter cancel this Contract by
43 delivering 'Mitten notice ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Closing. Seller's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Financing contingency; or the Contract'shall be cancelled.
45 DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter either party ejects to cancel this Contract, the deposit(s) shan be returned to Buyer. If Buyer obtains Loan
47 Approval or waives this Rnancing contingency, and thereafter the Contract does not close, then the deposit(s) shall be paid to Seller; provided how-
48 ever, if the failure to close is due to: (0 Seller's failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or (ii) Buyer's lender
49 faus 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
50 returned to Buyer.
51 * 0 (c) Assumption of existing mortgage (see rider for terms); or
52* 0 (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms).
53' V. TITLE EVIDENCE: At least _ days (d blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as
54 exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see Standard A for terms) shall be obtained by:
55' (CHECK ONLY ONE): 0 (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56' (ll (2) Buyer at Buyer's expense.
5?' (CHECK HERE): :J If an abstract of title is to be furnished instead ot title insurance, and attach rider for terms._
58' VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on 45 days from Effectrve Date ("Closing"), unless
59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing will be
60 extended a reasonable time until: (0 restoration of utilities and other services essential to Closing, and (iI) availability of Hazard, Wind, Flood, or Homeowners'
61' insurance. If such conditions continue more than ~ days (d blank, then 14 days) beyond Closing Date. then either party may cancel this Contract.
$~76,000,OO
N/A
$
$
$
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N/A
$76,000,00
$-
FAR/BAR ASIS-2 Rev. 9/07 iD 2007 Flonda Association of r{bALlOIiS' and The Florida Bm All Rlgh!s Reserved Page 1 of 5
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey IT1mketable title subject to: comprehensive land use plans. zoning,
63 restrictions, prOfllbitions and other requirements imposed by governmentDI authority; restrictions ilnd matters appearing on the plat or otherNise
64 common to the subdivision; outstanding oil, gas and rnineml rights of record without nght 01 entry; unplatted public utility easements of record
65 (located contiguous to real propel1y lines ilnd not mOl'e 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 sulJsequent years; and assumed mortgages and purchase money mortgages, If any (if additional items, see
67* addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for NEIGHBORHOOD
68' STABILIZATION PROGRAM purpose(s).
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intenrjed
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 occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, 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. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract in conflict with them.
75* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; .:J may
76* assign but not be released from liability under this Contract; or f\iiI may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment Iien(s) imposed by a public body ("public body" does not include a
79 Condominium or Homeowners' Association). Such lien(s), if any. whether certified, confirmed and ratified, pending, or payable in installments,
80' as of Closing, shall be paid as follows: ell by Seller at closing 0 by Buyer (it 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 Closing, Seller shall be charged at Closing an amount equal to the
82 last estimate or assessment for the improvement by the public body.
83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per-
84 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (e) If the Real Property includes pre-1 978 residential housing, then a lead-based paint rider is mandatory.
90 (n 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 SHOUW NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES mAT THE BUYER rvlAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE ANY QUESIlONS CONCERNING VALUAIlON, CONTACT THE COUNTY PROPERTY APPRAISER'S OFRCE FOR INFORMATION.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY: CJ Seller 0 Buyer I!!I N/A will pay for a home warranty plan issued by
99' at a cost not to exceed $ u.uu
100* XlV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Date ("Inspection Period'J within
101 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
105 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 shall be released of
107 all further obligations under this Contract, except as provided in this Paragraph XIV, Unless Buyer exercises the right to cancel
108 granted herein, Buyer accepts the Property in its present physical condition, subject to any violation of governmental, building,
109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
11 0 required by Buyer's lender.
111 XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112* 0 CONDOMINIUM Q VNFHA 0 HOMEOWNERS' ASSN. 121 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113* 0 INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions Q Addenda
114* Special Clause(s): SELLER AGREES TO EXECUTE BUYER'S FORMS GAP AFFIDAVIT. PUBLIC DISCLOSURE
115* AFFIDAVIT, SPECIAL WARRANTY DEED AND SUBSTITUTE W-9. SELLER WILL DELIVER THE COMPLETED AND
116* SIGNED W-9 TO BUYER SIMULTANEOUSLY WITH THE SIGNED CONTRACT.
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SELLER WARRANTS PROPERTY IS VACANT AND SHALL REMAIN SO THROUGH CLOSING TO COMPLY WITH THE REQUIREMENTS OF THE
NEtGHBORHOOD STABILIZATION PROGRAM.
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STANDARDS B, F AND Y ARE DELETED. DUE TO BUYER BEING A COUNTY GOVERNMENTAL ENTITY WITH SPECIFIC GUIDELINES AND
PROCEDURES, SELLER ACKNOWLEDGES THAT STANDARD S IS HEREBY DELETED.
STANDARDS D AND N ARE DELETED.
126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
127 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
FAR/BAR AS!S-2 Rev. 9/07 @ 2007 Florida Association of RfALlnf,S~ and The Florida Bar All Rights Reserved Page 2 of 5
128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN f\TIORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BE:EN APPROVED BY THE: FLORID;\ ASSOCIATION OFRE/\LTORS' M~D THE FLORIDA BAR.
131 r'\pproval does not constitute an opinion th3t an'l of the terms and conditions in this Contracl should be 3ccepted by the parties in a
132 particular transaction Terms and conditions should be negotiated based upon Ihe mspective interests, objectives and bargaining
133 positions of all intemsted persons.
134 AN ASTERISK(') FOL,LOWI~~G A LINE NUMBE:R IN THE MARGI(\j INDICATES THE liNE CONTAINS A BLANK TO BE COMPLETED.
135' USEE SIGNATURE BLOCK BELOW
136 (BU D~
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138 (BUYER) (DATE)
139' Buyers' address for purposes of notice Real Property Manaqe
140' 3301 Tamiami Trail East, Bldq. W, Naples, FL
141* (239) 252-8991 Phone Phone
142 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with
143 this Contract:
144' Name:
145
(SELLER)
IDA TE)
(SELLER)
Sellers' address for purposes of notice
(DATE)
Cooperating Brokers, if any
Listing Broker
Date Property acquisition approved by BCC:
March 24, 20', Item/OF
DATED: 8; ;!k; ~
,
BUYER:
.',"
A ITEST~, . , 1
DWIGijT E.BgQCi<;,Clet.l<',
~ ~~: .,;:.~~! ,.~' '. .,~! .
'. t_~
~'_ , . . l;lt
,:~ W, .' v
" ,- ',' " ~."'<~;..~}
. ','" .;)~~;;:.,,).
, . .
Approved as to form and
legal sufficiency:
~~~
~ J:ounty Attorney
781 GOLDEN GATE BLVD W
NAPLES, FL 34120
PROPERTY ADDRESS:
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Tille COfllfllltmenl shall be issued by a Florida licensed tllle Insurer agreeir,g to :s,sue Buyer. upon rccordinq of the deed to Buyer,
an owner's poFCf of title insurance in tl](~ amount of tile purchase price. insuring Buyer's markelable 1I11e to :tw Real Properly, subject only 10 mailers conlalned
in Paragraph VII awl those to be dischilrc:;ecf by Seller at or before Closing, Marketable title shel/ be (lelemllncci according 10 applicatJle Title Standards adopt,
ed by aulhonty of The Florida Bar and In accordance With law, Buyer shall have 5 days from date of recei'mg the Tille Commitment 10 examine it. and IIlltle is
fOlJnd defective. nctlfy Seller In vmtlllg specifYing derect(s) which render Iltle unmilrkelable, Seller shall have 30 days from receipt 01 notice to remove the
defects, f3111ng which Buyer shall. Within 5 days after expiration of the 30 day perrod, deliver wrilien notice to Seller elthor: (1) extending Ihe time ror il reilson,
able period not to exceed 120 d3YS Within which Seller shall use diligent effort to remove the cerecls: or (2) requesting a refund of depos,t(s) paid which shall
be returned to Buyer. If Buyer fellls 10 so notify Seller, Buyer shall be deemed to have accepted Ihe Iltle as It tr.en IS, Seller shall, If Iltle is found unmarketable,
use diligent effort to correcl defecI(s) Within the time proVided. If, after diligent effort, Seller is unable to timely correct Ihe defects, Buyer shall either waive the
defects, or receive a refund of deposlt(s), thereby releasing Buyer and Seller from all hJrther ob~gations under thiS Contract. If Seller 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 have up to 5 days from dale of receipt
to examine same in accordance With this "AS IS" Standard.
B. PURCHASE MONEY MORTGAGE,
SECURITY AGREEMENT TO SELLER:
Lines 159-168 DELETED
C. SURVEY: Buyer. at Buyer's expense, within time allowed to deliver evidence of title and 10 examine same, may have the Reai Proper1y surveyed and certi-
fied by a registered Florida sUNeyor. If the sUNey discloses encroachments on the Real Property or that improyements located thereon encroach on setback
lines, easements, lands of others or violate any restnctions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
D. WOOD DESTROYING ORGANISMS: DELETED
E. INGRESS AND EGRESS: Seiler warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described
in Paraoraph Vii hereof and title to the Real Prooertv is InSI JrRhle in accordance with "AS IS" St;mrlRrrl A without exception for lack of legal right of access.
F. LEASES: Lines 175-179 DELETED
G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise prOVided for herein, of any financing statement,
claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme-
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
iiens executed by all general contractors. subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen-
eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for Improvements or repairs which could seNe as a basis for a
construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract.
H. PLACE OF CLOSING: Closing shall be held at the office of the attorney or other closing agent ("Closing
Agent") designated by the party paying for lille insurance,
1. 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 nation-
allegal hofidays shall be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p,m. of the
next business day. Time is of the essence in this Contract.
J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavtl, owner's possession affidavit, assignments of leas-
es, tenant and mortga9ee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained
from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
Unless otherwise provided by law or rider to this Contract, charges for related closing services, title search, and closing fees (including preparation of closing
statement), sha~ be paid by the party responsibie for furnishing the title evidence in accordance with Paragraph V.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing.
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
increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, If occupancy occurs before Closing. Advance
rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current
year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mill-
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-
ment is not available, then taxes wUl be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing,
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 equtlable assess-
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
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.
M. (RESERVED - purposely left blank)
N. INSPECTION AND REPAIR: DELETED
O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty r"Casualty Loss") before Closing and cost of restoration (which
shall include the cost ot pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration 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 Closing, restoration costs will be escrowed at Closing. If
the cost of restoration exceeds 1,5% of the Purchase Price, Buyer shall etlher take the Property as is, together with the 1.5% or receive a refund of deposrt(s)
thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree damage by casually or other natu,
ral occurrence shall be the cost of pruning or removal.
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, If the title agent insures adverse matters pursuant to Section 627.7841,
FS., as amended. the escrow and closing procedure required by Ihls "AS IS" Standard shall be waived. Unless waived as set forth above the following
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
closing procedures sha!! apply (1) 301 clOSing procce,js sl-,;)III,o 11(:;lcJ "1 ("ocrow fl'j Iho CIOSlrg A~Jont for a o',rlocJ or no! cloro than 5 dJj's after ClOSing: (2)
If Seiter's tille is rendered unnoarkelal)le. Ihrougll no fault of f3lfjer. Buyer shall. Within tho 5 delY peflod. notify Seller In writing or the ddect Jnd Seller shall
have 30 days from date of receipt of such notification to cure tile liefcCI, i3) If Sroller fads 10 'i1l1c1y cure the defect. all doposlts arld cloSing fUl1cis shall, upon
written demand by Buyer and wllll1n 5 days after demond, De returned 10 E3uyer and, Simultaneously With such repayment. Buyer shall return tile Personal
Property, vacate fhe Real Propeny and reoonvey the Properly to Seller by special warranty deed and tJdl of sa:e; and (4) If Buyer fails to make timely demand
for refund, Buyer shall take title as is, waiving all fights aqatnst Seifer as 101 any Intervening defect except as may be availarJle 10 Buyer by virtue of war-
ranties conlained in the deed or bid of sale.
O. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiVing runds or equivalent IS authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and. subject to clearance. disburse them In accordance With terms and conditions of this Contract. Failure of funds 10
clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Ihis Contract. Agent may, at Agent's option, con-
tinue to hold the subject matter of the escrow until the parties hereto agree to Its disbursement or until a Judgment of a coun of compelent jurisdiction shall
determine the rights of the panles. or Agent may deposit same With the clerk af the circuit court having jurisdiction of the dispute. An attorney who represents
a pany and also acts as Agent may represent slIch pany In such action. Upon notifying all parties concerned of such action, allliabrlity on the part of Agent
shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with
provisions of Chapter 475, FS., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in
any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's lees and costs Incurred with these 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, The Agent shall not be liabie
to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this
Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, including breach. enforcement or Interpretation, arising out of thiS Contract. the prevailing party In such liti-
gation, which, for purposes of this "AS IS. Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationShips authorized by
Chapter 475, FS., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
S. FAILURE OF PERFORMANCE: Lines
241-246 DELETED
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records.
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
one gender shall include all. Notice and deiivery given by or to the attorney or broker representing any 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 detivery or eiectronic media. A legible facsimile or electronic (including .pdf") copy of this
Contract and any signatures hereon shall be considered for all purposes as an original.
U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as
appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by 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 matters as may be otherwise prOVided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod-
ifICation 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.
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
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,
as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as
to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any repair's or improvements made to the
Property without compliance with governmental regulation which have not been disclosed to Buyer.
X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including,
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
reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that
all items of Personal Property are on the Real Property and that the Propeny has been maintained as reqUIred by this "AS IS. Standard. Seller will assign all
assiqnable repair and treatment contracts and warranties to Buyer at Closing.
Y. 1031 EXCHANGE Lines 267-270 DELETED
contingent upon, nor extended or delayed by. such Exchange.
Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved
in the negotiation of the Contract, 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.
FAR/BAR ASIS-2 Rev. 9/07 (Q 2007 Florida rossoclalion or RU.LIOHS" and ThG Flonda Bar All Rights Reserved Page 5 of 5
Details
~.
-
Property Record I
Aerial
Sketches
~
Parcel No.1I37112440000
Trim Notices
Current Ownership
Property Addressl1181 GOLDEN GATE BLVD W
Owner Namell US BANK NATIONAL ASSOC TR
Addresses I HOME EQUITY ASSET TRUST
12006-7
3815 S WEST TEMPLE
Cityl SALT LAKE CITY State I UT
Legall GOLDEN GATE EST UNIT 11 E
75FT OF W 180FT OF TR 35
Section II Township Range Acres
4 49 27 1.06
Sub No. II 328600 I GOLDEN GATE EST UNIT 11
-t Use Code II 1 I SINGLE FAMILY RESIDENTIAL
2009 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
I Land Value $ 34,980.00
I (+) Improved Value $ 120,695.00
(=) Just Value $ 155,675.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 155,675.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 155,675.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
~
-
The Information is Updated Weekly.
Map No.
4C04
4'J Millage Area
87
I
~
Page 1 of 1
zipI184115.4412
Latest Sales History
Book - Page
4433_~_44t
4072 - 3261
3808 - 2851
2399 -1372
Pttp:/ /www.collierappraiser.com/RecordDetail.asp?Map=&F olioID=000003 7112440000
Strap No.
328600 35 14C04
~~
10.1042
Amount
$ 100.00
$ 365,000.00
$ 243,000.00
$ 7,000.00
8/17/2009
Book 4433 - Page 441
Page 1 of 1
I+-
.
.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY. FLORIDA
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE,ttt
ON BEHALF OF THE HOLDERS OF THE HOME
EQUITY ASSET TRUST 2006-7 HOME EQUITY PASS
THROUGH CERTIFICATES, SERIES 2006-7,
Plaintiff(s)
Vs.
CASE NO. 07-4119-CA-OI
4268578 OR: 4433 PG: 0441 ttt
!lCOlDlD fa amcm IlCOIllS of comll coem, lL
o]lo~mo' It !!:Z1A1 !>fIGIT .. BlOel. CUll
COl. lOUt
R!( m 10.00
1I8111K 2.0.
DOC- . 70 .10
CELESTE ABREU; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INCORPORATED, AS
NOMINEE FOR WASHINGTON MUSUT AL BANK,
FA TENANT #1 NlKlA GRACE ANICO
Defendant(s)
P.eta:
mIL
CERTIFICATE OF TITLE
The undersigned, DWIGHT E. BROCK, Clerk oflhe Circuit Court, certifies that he el(e<:uted
and filed a Certificate of Sale in this action on February 23, 2009, for the property described
herein, and Ihat no objections to the sale have been filed within the time allowed for filing
objections. The following property in Collier County, Florida:
THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT NUMBER 35, OF GOLDEN
GATE ESTATES UNIT NO. 11, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 4, AT PAGES 103 AND 104, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
NKJA 781 GOLDEN GATE BOULEVARD W, NAPLES, FL 34120
was sold 10
U.S. BANK NA TIONAL ASSOCIATION, AS TRUSTEE, ON BEHALf OF THE HOLDERS
OF THE HOME EQUITY ASSET TRUST 2006-7 HOME EQUITY PASS THROUGH
CERTIFICATES. SERIES 2006-7,
3815 South West Temple, Salt Lake City, UT 84115. '.
Bid Amount:S I 00.00
WITNESS my hand and seal of the court on ~lIrch 6, 2009.
....
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8/1 7/2009
Print Map
Page 1 of 1
Parce-ls
Subdlvlr.lons
Aerlal'S zoot 16 Inch Ulbanl
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BuUdlnl footptln~
ColIl<< County
Folio Number: 37112440000
Name: US BANK NATIONAL ASSOC
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Streel# & Name: 781 GOLDEN GATE
BLVD W
Legal Description: GOLDEN GATE
EST UNIT 11 E 75FT OF W 180FT OF
TR 35
C 2004. Collier County Property Appraiser. V'IIhile the Collier County Property Appraiser is committed to providing the most accurate and up-Ie-date information, no warranties expressed or implied are provided
for the data herein, its use, or its interpretation
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Memorandum
To:
RPM Team
From:
Roosevelt Leonard
Real Estate Appraiser
Date:
6-26-2009
Here are the individual NSP property addresses for potential purchases. The estimated
market values are as follows:
3780 10TH AVE NE
3671 18TH AVE NE
781GOLDEN GATE BL
2635 16TH AVE NE
estimated value is $85,000 dollars.
estimated value is $70,000 dollars.
estimated value is $80,000 dollars.
estimated value is $68,000 dollars.
n'-"'flll ~--,.;,~-
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS. AND THE FLORIDA BAR
n~ PAi.JJC )j~J~7E€_oP ,IE ~""/L.'" "er ~!;..,. 2-ct!:J'-"-'7
l' pM!ffEs:HOmf." t:::4J~rr.., -p~ .r.J#2t>UiA/t (7eerlt:=U:'I"t-?~ 2Q!;)~ -7 ("Seller"),
2' and COLLIER COUNTY, a political subdivision of the State of Florida ("Buyer") ,
3 hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property")
4 pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
5 I. DESCRIPTION: . I c I Co I
6* (a) Legal description of the Real Property located in COLLI~R County, Florida: E. 1 S ot: tV ~ZJ
7* '1'.3 .p, I" -10.
8' (b) Street address, city, zip, of the Property: I fi W P 2-
9 (c) Personal Property includes existing rangers), refrigerator(s), dishwasher(s). ceiling fan(s), light fixture(s), and window treatment(s) unless
10 specifically excluded below. .
11* Other items included are: Not applicable
12*
13* Items of Personal Property (and leased items, if any) excluded are: Not applicable
14*
15* II. PURCHASE PRICE (U.S. currency): . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . , . . . . . . , . . . . . . . . $
16 PAYMENT:
17* (a) Deposit held in escrow by STEWART TITLE ("Escrow Agent") in the amount of (checks subject to clearance) $
18" Escrow Agent's address: 3936 Tamiami Trail N.. Ste A. Na les. Fl3410 Phone: 239-262-2163
19* (b) Additional escrow deposit to be made to Escrow Agent wit in ~ days after Effective Date in the amount of. .
20* (cl Financing in the amount of ("Loan Amount") see Paragraph below......,.,..... . . . ' . . , . . . .
21 * (d) Other. . . . . . . . . . . . . . . , . . . . . , . , . , . . , . . . . . . . . . . .
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or bank c
23* to adjustments or prorations. . . . . . . . . . . . . . . .' .' . . . . . . . . ' , ., ................ . , . . . . . . . . . . . . ,
24 III. TIME FOR ACCEPTANCE OF OFFER AN~ COUNTER FFERS; FFE
25 (a) If this offer is not executed by and deliverM to all parti OR FAC EXE TION communicated in writing between the parties on or
26* beiore 10 davs from counteroffer \ ,the depos tis) will, a uyer's optl ,be returned and this offer withdrawn. Unless other-
\
27 wise stated, the time for acceptance of an counteroffe shall 2 days from he date the counteroffer is delivered.
28 (b) The date of Contract ("Effective Date") will e the date w en th la 0 uyer and Seller has signed or initialed this offer or the
29 final counteroffer. If such date is not otherwise set forth in th Co then the "Effective Date" shall be the date determined above for
30 acceptance of this offer or, if appli able, the fin counteroffer. Deposit e within 10 days of Effective date.
31 IV. FINANCING: ountero ers included any Addenda submitted after either party signs.
32*11 (a) This is a cash transaction wit continge ies for financ g;
33* 0 (b) This Contract is contingent on u r obtainin written loan c mmitmen which confirms underwriting loan approval for a loan to purchase
34* the Property ("Loan Approval") withi days if blank, then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY
35* ONE): 0 a fixed; 0 an adjustable; or a fi d or ad) stable rate 10 ,in the Loan Amount (See Paragraph II.(c)) at an initial interest rate not to
36* exceed %, and for a term yea . Buyer will m ke application within _ days (if blank, then 5 days) after Effective Date.
37 BUYER: Buyer shall use reasonable dili ce to: btai Loan Approv ; notify Seller in writing of receipt of Loan Approval by Loan Approval
38 Date; satisfy terms of the Loan Approval nd close e loan. Loan Ap roval which requires a condition related to the sale of other property shall
39 not be deemed Loan Approval for purpos of this subparagraph. Buy shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and
40 lender(s) to disclose information regarding conditions, status, and p ogress of loan application and Loan Approval to Seller, Seller's attorney,
41 real estate licensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to Seller en notice of Loan Appro.Jp1 by Loan Approval Date, Seller may thereafter cancel this Contract by
43 delivering written notice ("Seller's Cancellation tice") to Buyer, but not latl3r than seven (7) days prior to Closing. Seller's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Financing contingency, or the Contract 'shall be cancelled.
45 DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the depostt(s) shall be returned to Buyer. If Buyer obtains Loan
47 Approval or waives this Financing contingency, and thereafter the Contract does not close, then the deposit(s) shall be paid to Seller; provided how-
48 ever, 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
49 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
50 returned to Buyer.
51" 0 (c) Assumption of existing mortgage (see rider for terms); or
52* 0 (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms).
53* V. TITLE EVIDENCE: At least _ days (IT blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed ast ,10
54 exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see Standard A for terms) shall be obtained by: (}IIJ-'\
55' (CHECK ONLY ONE): 0 (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or ~_ j
56* llI' (2) Buyer at Buyer's expense. ,........I\\}J,
57* (CHECK HERE): .:J If an abstract of title is to be furnished instead of title insurance, and attach rider for terms. "-..J,
58' VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on 45 days from Effective Date ("Closing"), ess
59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing will be
60 extended a reasonable time until: 0) restoration of utilities and other services essential to Closing, and (ii) availability of Hazard, Wind, Flood, or Homeowners'
61 * insurance. If such conditions continue more than ~ days (IT blank, then 14 days) beyond Closing Date, then either party may cancel this Contract.
FAR/BAR ASIS.2 Rev, 9/07 @ 2007 Florida Association of R~lIof-ls' and The Florida Bar All Rights Reserved Page 1 of 5
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning,
63 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding oil, 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 there exists at Closing no violation of th,e foregoing and none prevent use of the Property for NEIGHBORHOOD
68* STABILIZATION PROGRAM 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 occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, 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. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract in conflict with them.
75* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; ::J may
76* assign but not be released from liability under this Contract; or ~ may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment lien(s) imposed by a public body ("public body" does not include a
79 Condominium or Homeowners' Association). Such lien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments,
80' as of Closing, shall be paid as follows: i!II by Seller at closing 0 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 Closing, Seller shall be charged at Closing an amount equal to the
82 last estimate or assessment for the improvement by the publiC body.
83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per-
84 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (e) If the Real Property includes pre-1 978 residential housing, then a lead-based paint rider is mandatory.
90 (n 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 CURRENT PROPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES THAT THE BUYER tv1AY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF O'vVNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERlY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98' XIII. HOME WARRANTY: ::J Seller 0 Buyer I!!I N/A will pay for a home warranty plan issued by
99' at a cost not to exceed $ u.uu
100* XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Date ("Inspection Period") within
101 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 shall 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 governmental, building,
109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
11 0 required by Buyer's lender.
111 XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112* 0 CONDOMINIUM 0 VNFHA 0 HOMEOWNERS' ASSN. Cd LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113*::J INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions 0 Addenda
114* Special Clause(s): SELLER AGREES TO EXECUTE BUYER'S FORMS GAP AFFIDAVIT. PUBLIC DISCLOSURE
115* AFFIDAVIT, SPECIAL WARRANTY DEED AND SUBSTITUTE W-9. SELLER WILL DELIVER THE COMPLETED AND
116' SIGNED W-9 TO BUYER SIMULTANEOUSLY WITH THE SIGNED CONTRACT.
117*
118* SELLER WARRANTS PROPERTY IS VACANT AND SHALL REMAIN SO THROUGH CLOSING TO COMPLY WITH THE REQUIREMENTS OF THE
119* NEIGHBORHOOD STABILIZATION PROGRAM,
120*
121 * STANDARDS B. F AND Y ARE DELETED. DUE TO BUYER BEING A COUNTY GOVERNMENTAL ENTITY WITH SPECIFIC GUIDELINES AND
122* PROCEDURES, SELLER ACKNOWLEDGES THAT STANDARD S IS HEREBY DELETED.
123* -STANDARD 5 IS DELETED.
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 Contract.
FAR/BAR ASIS-2 Rev 9/07 @ 2007 Florida Association of R~.AL1()F(S~ and The Florida Bar Ail Rights Reserved Page 2 of 5
128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS' AND THE FLORIDA BAR.
131 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a
132 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining
133 pcJsitions of all interested persons.
134 AN ASTERISK(') FOLLOWI~~G A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
135" "'SEE SIGNATURE BLOCK BELOW
136 (BU ~
137*
138 (BUYER) (DATE)
139' Buyers' address for purposes of notice Real Property Manaqe
140' 3301 Tamiami Trail East, Bldq. W, Naples, FL
141* (239) 252-8991 Phone Phone
142 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with
143 this Contract:
144* Name:
145
(SELLER)
(DATE)
{SELLER}
Sellers' address for purposes of notice
(DATE)
Cooperating Brokers, if any
Listing Broker
Date Property acquisition approved by BCC:
March 24, 2009, Item 10F
DATED:
BUYER:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
County Attorney
PROPERTY ADDRESS: . 181 OCC/)GtJ c5rr1f: ~D ~,
f}A-f~S) rt- 3L+/2-0
FAR/BAR ASIS.2 Rev. 9/07 @ 2007 Florida Association of RI:ALlol'ls" and The Rorida Bar All Rights Reserved Page 3 of 5
liAS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
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,
an owner's policy of title Insurance in the amount of the purchase pnce, insuring Buyer's marketable title to the Real Property, subject only to matters contained
in Paragraph VII and those to be dlschargecl by Seller at or before Closing, Marketable title shall be determined according to applicable Title Standards adopt-
ed by authonty of The Flonda Bar and In accordance wiHllaw. Buyer shall have 5 days from date of receiving the Title CommillTlent to examine it, and if title is
found defective. notify Seller in wntlng speCifying defect(s) which rendiJ, title unmarketable, Seller shall have 30 days from receipt of notice to remove the
defects. failing which Buyer shall. Within 5 days after expiration of the 30 day penod. deliver wntten notice to Seller either: (1) extending the time for a reason-
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
be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to IlaVe accepted the title as It then is. Seller shall, If title IS found unmarketable,
use diligent effort to correct defect(s) Within the time provided. If, after diligent effort, Seller IS unable 10 timely correct the defects, Buyer shall either waive the
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
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
to examine same in accordance with this "AS IS" Standard.
B. PURCHASE MONEY MORTGAGE,
SECURITY AGREEMENT TO SELLER:
Lines 159-168 DELETED
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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 fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback
171 lines, easements, lands of others or vioiate 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
1 74 in Paraqraph VII hereof and title to the Real Prooertv is InSllrilhlA in accordance with "AS IS" St;mrlmrl A without exception for lack of legal right of access.
175 F. LEASES: Lines 175-179 DELETED
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G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme-
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
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-
eral contractors. subcontractors, suppliers and materialmen, further 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 paid or will be paid at the Closing of this Contract.
H. PLACE OF CLOSING: ClOSing shall be held in the countv wherein the Real Property is located at the office of the attorney or other closing agent ("Closing
Agent") designated by the party paying for title Insurance,
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 nation-
allegal holidays shall be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legai holiday shall extend to 5:00 p,m. of the
next business day. Time is of the essence in this Contract.
J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavtl, owner's possession affidavit, assignments of leas-
es, tenant and mortgagee estoppel tetters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained
from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
Unless otherwise provided by law or rider to this Contract, charges for related closing services, title search, and closing fees (including preparation of closing
statement), shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing.
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
increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, If occupancy occurs before Closing. Advance
rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current
year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mill-
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-
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,
which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assess-
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
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.
M. (RESERVED - purposely left blank)
N. INSPECTION AND REPAIR: DELETED
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 restoration (which
shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
Closing shall proceed pursuant to the terms of this Contract, and if restoration is not completed as of 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 Property as is, together with the 1.5% or receive a refund of depostl(s)
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-
ral occurrence shall be the cost of pruning or removal.
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, If the title agent insures adverse matters pursuant to Section 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 above the following
FAR/BAR ASIS-2 Rev 9/07 [) 2007 Florida Association of RIcALIOHS~ and The Florida Bar All Rights Reserved Page 4 of 5
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
clOSing procedures shall apply: (1) all clOSing proceeds shall be held In escrow by the ClOSing A.gent for a peno,j of not marc than 5 dilYS after ClOSing; (2)
If Seller's title IS rendered unmarketable, through no fault of Buyer. Buyer shall, Within the 5 day penod, notify Seller In writing of the defect and Seller shall
have 30 days from date of receipt of such notification to cure ttle defect; (3) If Seller fails to tlmeiy 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, simultaneously With such repayment, Buyer shall return the Personal
Property, vacate the Real Property and reconvey the Property t() Seller by 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 against Seller as to any Intervening defect except as may be available to Buyer by virtue of war-
ranties contained in the deed or bill of sale.
Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiVing funds or equivalent IS authOrized and agrees by acceptance of them to deposit
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
clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option. con-
tinue 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
determine the nghts of the parties. or Agent may deposit same With the clerk of the circuit court haVing junsdiction of the dispute, An attorney who represents
a party and also acts as Agent may represent such party in such action, Upon notifying all parties concerned of sLlch action, all liability on the part of Agen1
shail fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply With
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
any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these 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. 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 due to Willful breach of the provisions of thiS
Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, Including breach, enforcement or Interpretation, ariSing out of this Contract. the prevaliing party In such liti-
gation, which, for purposes of ttlis "AS IS' Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by
Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses,
S. FAILURE OF PERFORMANCE: Lines
241-246 DELETED
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records.
This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the contex1 permits, singular shall include plural and
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.
All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible faCSimile or electronic (including "pdf") copy of thiS
Contract and any signatures hereon shall be considered for all purposes as an original.
U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as
appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by 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 matters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod-
ification 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.
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
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,
as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as
to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any repairs or improvements made to the
Property without compliance with governmental regulation which have not been disclosed to Buyer.
X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, inciuding,
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
reasonable notice, provide utilities service and access to the Property for appraisal and inspections, 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 maintained as required by this "AS IS" Standard. Seller will assign all
assiqnable repair and treatment contracts and warranties to Buver at Closing.
Y. 1031 EXCHANGE Lines 267-270 DELETED
contingent upon. nor extended or delayed by, such Exchange,
Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved
in the negotiation of the Contract, 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.
FAR/BAR ASIS-2 Rev, 9/07 (Q 2007 Flonda Associillion of RtALloHs' and The Florida Bar All Rights Reserved Page 5 of 5
MEMORANDUM
Date:
August 20, 2009
To:
Gary Bigelow,
Property Acquisition Specialist
From:
Ann J ennejohn, Deputy Clerk
Minutes & Records Department
Re:
Farbar Contract for Purchase & Sale
Property Appraiser Data & Certificate of Title
781 Golden Gate Blvd, W
Neighborhood Stabilization Program
Attached is the original sales contract and documents referenced above (Agenda Item #10F)
approved by the Board of County Commissioners on Tuesday, March 24,2009,
After processing please forward a fully executed copy to the Minutes & Records Office
for the Board's Official Record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment
ORIGINAL DOCUlVlENTS CHECKLIST & ROUTING SLIP
.. TO ACCOl\1PANY ALL ORIGINAl..J DOCU1\1ENTS SENT TO
. TEE BOARD OF COUNTY COl\1J\1lSSIONERS OFFICE FOR SIGNATURE
'Print OIl pink papa'. Atta.d1 to origin:ll d.oc::to=1C. 0rigin;t1 docnment:s iliould Do hand d.elivo-ed to tIl~ Board Office.. 'Thc-comp1etrrl routing slip and origin.n1
d.Ixnm""'t!I :are to be. fCrward.ed.1O the Board Officx: only ~ the BOlIId hu t;tI::z::n. action. 011 tb.c item..) . , ., .' . ,.
.': . . ROUTING SLlP
"~lctl: rcGting Ii:acs It throt1ih #4 as ~ fur ,rim";"". , s:i~ ~, and/or inf=a.don no:cled..1f r.he dt1=;'",,~' is alrcldy complcn: with the
011 af'tba ('Mfrm:rn's . draW;I line tftton 1'OIllin Iinc:l' #1 throu #4. COIIlPIem the d:1eck1ist; and forward to SUC' fiJson (J1ne #5).
Route to Addressee(s) . Office Initials Date
(tlst izuoatin Cll'd.cr).:'O:_.
L'
PRIMARY CONTACT lNFORMA nON
('l'be primary COlUlICt is tho bo1d.cr of the original cioclImCZIt pClding Bce approval Nonimlly the primary conClCt is the person who =u:dlprc:pared the executive
sammarr, Primary CQIUlICt iDfor:malioa. is ac:dcd in till: event ODe of the :1dd== .wove. inc!uding SUI: MIson. l1ced to cpu= miI for additional or missing
i:d:Jml;oriOl1. All originlLt doetlt"'''''''1l11:1:ding the: Bce c.hair=JI's si gua= = to be d~live:red. to the BCC office only after the Bee has 3acd Il) approve the
ia=.)
Name of Primary Staff
Contact
AFJda Dato Item was
ved b t:bc BCC
Type otDocument
Aa:achcd
... :.:
2.
3.
4.
Board of County Commissioners
5.' ~_ rJlgan., Executive Manager
) frtJ t\1.l Tc.H t L "-
6. Minutes and Records
Oer.k: of Court's Office
Number of Original
Documencs Attached
Phone Number
Agenda Item Number
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N1 A" in the Not Applicable column.. whichever is
1.. Original doc:umtm.t has been sigaedfmitialed for legal sUfficiency. (All documencs to be
sipecl by the, Chairman, with the exception of most letters:, must be reviewed and signed
tiy the- Office oftbe Collllty AJ;1IJmcy, This includes signatufe pages from ordi:nanccs.
raolutioDs. etc.. signed by the ~ty AJ.t;orney's Office and signature pages from
contracts, agreements. etc. that have been fally executed by all parties except the Bee
0Wrma:a and C1c:rk to the Board and ssibl State Officials.)
2. AJ1 haIldwriuen.strike-through and revisions have been initialed by the County ~mey.' s
Office and. all other arties t the Bee Chairman and the Oerk to the Board
3.'Ihe Chai:npan's signature line dat.e has been entered as the date ofBCe approval of the
doctm:IcDt or the final ne tiated cont:ra.Ct date whichever is licable.
4. "'Sign heR" tabs arc placed. on the appropriate pageS indicating where the Chairman's
" and initials are r
5, In Most Cases (some contrat::t3 arc an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of Bee approval.
Some docum~ are time sensitive and require forwarding to Tallahassee within a. certain
time frame or the BCC's actions arc nullified. Be aware f our deadlines!
6, The d~"ut was approved by the Bce on ,t. /) (enter date) and all changes
madO d.m::ini the meeting bave been incorporared in the attached document. The
(Ann Attorn 5 Office has reviewed the es. if a liable.
,;. .'
k' cO 73
lOr-
Z-
.1-- /:r
_~~,~"....,.. __._..,._.._"""!;<,~",.".""_",,,,,,.,.."_ ".._,0"_""~
I: Focm:sI County FonmI BCC F=mI Originz.! Docu=U Roaring Slip WWS Oril:in.al 9.03.04, Revised [,26.05. Rcvis.ed 224,05
-Pu~, ~\\~\c\
ITEM NO.: Cfl- t2re.... O{/~
FILE NO.:
ROUTED TO:
DATE RECEIVED:
~ "~
! ~.1 .
i I ; I;' I; J
DATE:
REQUEST FOR LEGAL SERVICES
August 17, 2009 ~ j,
==--------- ^Y
NNIFER B, WHIT SITANT COUNTY ATTORNEY
..oF E COUNTY ATTORNEY
TO:
FROM:
Gary Bigelow
Real Property Management
RE:
Neighborhood Stabilization Program (NSP) Grant
FARBAR "As Is" Contract for Purchase and Sale and Addenda
BACKGROUND OF REQUEST /PROBLEM:
It is requested that the CAO review the attached contracts for legal sufficiency, and
provide recommendations so that we may have the Chairman of the BCC sign for
submittal to the Sellers,
ATTACHMENTS: (1) FARBAR Contract: 781 Golden Gate Blvd W
No Addendum Required
Property Appraiser Data Sheets & Certificate Of Title
(2) FARBAR Contract, Seller's Addendum, County Addendum:
4814 30th Place SW, Naples, FL 34116
Property Appraiser Data Sheets & Certificate Of Title
THESE ITEMS HAVE NOT BEEN PREVIOUSLY SUBMITTED,
FILE NO,:
ACTION REQUESTED:
Jennifer: Please review, and if acceptable, sign where appropriate to facilitate the County's
acquisition of foreclosed properties under the NSP grant. We respectfully request that
these be reviewed ASAP so that we may present them to the Chairman of the BCC for
signature and respond to the Owner's of Record in a timely manner. TIME IS OF THE
ESSENCE.
nk you very, very much!
(\
f\D
'A
4