As Is Contract for Sale and Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR
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, '" O:I;.:'/t:~...
DEUTSCHE BANK NATIONAL TRUST COMPANY,
l' PARTIES: AS TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-5 ("Seller"),
2' and COLLIER COUNTY, a political subdivision of the State of Florida ("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"):
L DESCRIPTION:
la} Leoal description of the Real Property located in COLLIER
GOLDEN GATE UNIT 2, PLAT BK 5, PG 65-77, COLLIER COUNTY, FL
(b) Street address. city. zip, of the Property:. 2132 43rd LN SW, Naples, FL 34116
(c) Personal Property includes existing rangers), refrigeratorls), dishwasher(s). ceiling fan(s), light fixture{s). and window treatment(s) unless
specifically excluded. below.
Other items included are: Not applicable
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County, Florida:
LOT 3, BLOCK 29,
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Items of Personal Property (and leased items, if any) excluded are: Not applicable
15* II. PURCHASE PRICE (U.S. currency): . , . . . . . . . . . . , , . . . . , , . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . .
16 PAYMENT:
17* (a) Deposit held in escrow tJAMES E. ALBERTELLI, PA ("Escrow Aqent'~ in the amount of (checks subject to clearance)
18' Escrow Agent's address: 600 N. WESTSHORE BLVD, SUITE 400 TAMPA, FL 33609 e:. 813-2214743
1 9* Ib) Additional escrow deposit to be made 10 Escrow Agent within .JJliL days after Effective Date in the amount of, . . . . . . .
20* Ic) Financing in the amount of ("Loan Amount") see Paragraph IV below. . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .
21 * (d) Other, . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . , , . . . . . . . . . . . , . . . . . . . '. . , . . . . .
22 (e) Balance to close by cash. wire 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 after 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 ofter withdrawn. Unless other-
27 wise stated, the time for acceptance of any counteroffers shall be 2 days trom the date the counteroffer is delivered.
28 (b) The date at 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.""Oeposit 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 Joan commitment which confirms underwriting loan approval for a loan to purchase
34* the Property ("Loan Approval") within _ days af 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 aN 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 writterFnotice ("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 elects to cancel this Contract, the deposil(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 faih.Jre or refusal to close or Seller othervvis8 fails to meet the terms of the Contract, or (ii) Buyers lender
49 falls 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 (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments lisled 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): X (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56* (2) Buyer at Buyer's expense.
57* (CHECK HERE): .:J 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 documents delivered on OCTOBER 22, 2009 _ ("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 untJ1: (i) restoration of utiflties and other services essential to Closing, and (il) availability of Hazard. Wind, Rood, or Homeowner~1'
S 1 * insurance. If such conditions continue more than ~_~ days (if blank. then 14 days) beyond Closing Date, then either party may cancel this Contract,
$
$80,750.00
$5,000.00
N/A
$
$
$
$
$75,750.00
FAR/BAR ASIS-2 Rev. 9/07 (1:) 2007 Florida AssocI3tion of R8\LlOHS.' and The Florida Bar All Rights Reserved Page 1 of 5
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable !ItIe subject to: comprehensive land use plans, zoning,
63 restrictions, prohibitions and oHler requiremenls imposed by governmental authority; restrictions and matters appearing on the plat or otherwise
64 common to the subdivision; outstamling oil, ~J3S and mineral rights of record without right of entr;: unplatted public utllily easements of record
65 (located contiguous to real propel1y lines and not more than 10 feet in width as to the rear or tront lines and l 1/2 feet in width as to :he side
66 lines): taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, see
6'1* 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 l3uyer at time of Closing unless otherwise stated herein. If Property is intended
lO to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shaft be disclosed pursuant to "AS IS" Standard
l1 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 aft 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; C) may
l6* assign but not be released from liability under this Contract; or IiiiI 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 Iien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments,
80* as of Closing, shall be paid as follows: I!I 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-1978 residential housing, then a lead-based paint rider is mandatory.
90 tn 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 TlON/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE A~UNT
94 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEaJENT TO PURCHASE. A CHANGE OF OINNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE ANY QUESllONS CONCERNING VAlUAllON, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMAllON,
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY:~ Seller 0 Buyer ~ 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 ---10....... 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
105 by deHvering 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. 121 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113* 0 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.
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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 ASIS-2 Rev. 9/07 @ 2007 Florida Association of Rc;'LloRs~ and The Florida Bar All Rights Reserved Page 2 ot 5
128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN AITORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REflLTORS" N'-!D THE FLORIDA BAR.
131 Approval does not constitute an opinion that any of the terms and conditions in this Contracl 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 positions of all interested persons.
134 AN ASTERISK(') FOLLOWING A LINE NUMBER IN THE MARGIN If\JDICATES THE LINE CQr\JTAINS A BLANK TO BE COMPLETED.
135' USEE SIGNATURE BLOCK BELOW
136 (BU o~
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
1 43 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, ~09"ltem..1(if........,
DATED:~
BUYER:
/ .)....... ,"~'I ..
ATTEST: .,...::.:.. "
DWIG.~:r'r:;~ ~~~~,"c.!~rk
~ ......... .....
TV COMMISSIONERS
, FLORIDA
Of.. "
. oC")' ..~ ~:v."~ P. erk
','.' "iK"'( .'
, :1 . 4 '.,. ...... .
. .:r' .~~
'. . '. .: ~ i
.. ,,",,.' $..
-"~/ ,~, - " . .', :~j~~ "
ApproveCf-a.54to fqiWand
legal sufficiency:
~-i\'\2J ~~t
CL~ County Attorney
PROPERTY ADDRESS:
2132 43RD LN SW,
NAPLES, FL 34116
FAR/BAR ASIS-2 Rev. 9/07 @ 2007 Florida Association of RCAlIOHS' and The Florida Bar All Rights ReseNed Page 3 of 5
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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 certi-
170 fied by a registered Flonda 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 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 Paraqraph VII hereof and title to the Real Prooertv if: in.qllrrlhle in accordance with "AS IS" St;mrlilrrl A without exception for lack of legal right of access,
175 F. LEASES: Lines 175-179 DELETED
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Tille Commitment shall be issued by a FlOrida licensed title Insurer agreeing to Issue Buyer, upon recofljing of the deed to Buyer,
an owner's policy 01 title insurance In Ihe amount of the purchase price, insuflng Buyer's marketable title 10 tile Real Propert'l, subject only 10 matlers contained
in Paragraph VII and those to be diSCharged by Seller at or berore ClOSing Marketable title shall be determined according to applicable Title Standards adopl-
ed by autllonty of The Florida B3r and In accordance with law. Buyer shall have 5 days from dale of receiving the Title Commitment to examine it, and if title is
found defective, notify Seller In wrillng specifying defect(s) which render tille unmarketable. Seller shall have 30 days from receipt of notice to remove the
defects, failing which Buyer shall. within 5 days after expiration 01 the 30 day period, 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 10 so notify Seller, Buyer shall be deemed to have accepted the title as it then IS. Seller shall, If title is found unmarketable,
use diiigent effort to correct defect(s) within the time prOVided. If, after diligent effort, Seller is unable 10 limely 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 dale of receipt
to examine same in accordance with this "AS /S" Standard.
B. PURCHASE MONEY MORTGAGE,
SECURITY AGREEMENT TO SELLER:
Lines 159-168 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 potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme-
diate/y 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 mate'ialmen 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 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 legal holiday shan 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 affidavit, owner's possession affidavit, assignments of leas-
es, tenant and mortgagee 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), 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 shan 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 aJlowabie 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 avaiiable 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 shaD proceed pursuant to the lerms 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 e~her take the Property as is, together with the 1.5% or receive a refund of depos~(s)
thereby releasing Buyer and Seller from all further obligations under this Conlract. Seller's sole obligation with respect to tree damage by casuany 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 RCALlOHS. and The Florida Bar All Rights Reserved Page 4 of 5
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
clOSing proce(jurcs sholl apply. (1) ",II closing proceeds Shilll be held In cscrow by the Closing Agcnt lor il period 01 not more thon 5 days alter ClOSing; (2)
If Seller's Iltle IS rendered unmarkctable, through no fault of SU'jer, Buy'cr shall, within the 5 day peilod, roti~1 Seller In writing of the defect and Seller shall
have 30 days from date of receipt of such notification to curc thc defGct; (3) II Seller fal!s to tlfT1ely cure the dcfect, afl depOSits and closing fun(js shalf, upon
willlen demand by Buyer and Within 5 days after demand, be returned to Buycr and, simultaneously with such repayment, Buyer shall return the Personal
Property, vacate the Real Property and reconvey the fJroperty to 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 alf rights against Seller as 10 any intervening defect except as may be available to Buyer by virtue of war-
ranties contained in the deed or bill of sale.
a. 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 lerms 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 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 court of competent jurisdiclton shall
determine the rights of the parties, or Agent may deposit same with the cierk of the cirCUit court r,avlng jurisdiction of the dispute. An atlorney who represents
a party and also acts as Agent may represent sLlch party In such action. Upon notifying all parties concerned of sllch action, all liability 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, F.S., as amended. Any suil 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 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 prevaiiing 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, 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 context 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 10 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, 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 lhe Property 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 iQ 2007 Floridil Association ot RU.LIOHS" and The Florida Bar All Rights Reserved Page 5 of 5
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSUL T LEGAL, TAX, OR OTHER PROFESSIONAL COUNSEL BEFORE SIGNING.
Counterproposal to Purchase and Sale Agreement
'(his Counterproposal to Purchase and Sale Agreement ("Counterproposal") amends, modifies, revises, and is incorporated for all
liurposes into the proposed purchase and sale agreement or contract (together with any attachments or addenda thereto, "Contract")
dp.led 08/31/09 between Saxon Mortgage Services Inc. ("Seller") and Collier County a Po state of Florida ("Buyer")
: elating to the sale and purchase of the following described real property ("Transaction") located in COLLIER County,
'L . otherwise know as 2132 43RD LN SW NAPLES FL 34116 (together with anv
improvements thereon, "Property"),
Sdler and Buyer agree as follows:
. PRICE: The "Purchase Price" shall be $ 80750 . "Earnest Money" in the amount of $ 5000 is due
upon Buyer's acceptance of this Counterproposal and is to be held by JAMES E. ALBERTELLI, PA.. Earnest Money shall
be in a form acceptable to Seller, including certified funds, cashiers and tellers checks, and money orders; cash is
unacceptable. NOTWITHSTANDING CUSTOMARY PRACTICES OR ANY PROVISION OF THE
CONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COllNTERPROPOSAL
OR REQUIRED BY APPLICABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE. In the
event the Contract or this Counterproposal provides for the release of the Earnest Money to Seller, execution of this
Counterproposal by Buyer will serve as a written release, and the only release necessary, for the escrow company or
closing agent to immediately release the Earnest Money as such to Seller,
. SELLER CONCESSIONS:
Closing Costs (not to exceed):
Seller-paid Repairs (see below):
Lender Required Repairs:
Homeowners Warranty Amount:
Other
$ 0
$
$
$
$
If Seller has agreed to pay for the cost of any repairs ("Seller-paid Repairs"), Seller shall cause such Seller-paid repairs
to be made by contractors designated and approved by Seller prior to the time the Transaction is closed ("Closing"). In
the event Closing does not occur, Buyer will be responsible for any costs Buyer has incurred in connection with this
Contract. Closing costs paid by Seller will be paid at Closing and must be based on actual, specified closing costs.
At Closing,
any
Seller
shall
pay for
NA
the
following
treatments
and
repairs,
if
· CLOSING: The Closing shall be on or before OCTOBER 22,2009 Closing Date"). The "Closing Agent" will be
ALBERTELLI LAW (REO) or Buyer's title insurance provider indicated in paragraph 16 below
TIME IS OF THE ESSENCE IN THIS CONTRACT.
IN THE EVENT ANY PROVISION OF THIS COUNTERPROPOSAL CONFLICT IN WHOLE OR IN PART WITH THE
TERMS OF THE CONTRACT, THE PROVISIONS OF THIS COUNTERPROPOSAL WILL CONTROL EXCEPT TO
THE EXTENT SUCH PROVISIONS OF THIS COlJNTERPROPOSAL ARE CONTRARY TO ANY APPLICABLE LAWS,
f..ULES, OR REGULATIONS ("APPLICABLE LAW"), IN WHICH CASE THE CONTRACT SHALL GOVERN ONLY
TO THE LIMITED EXTENT NECESSARY FOR COMPLIANCE WITH ANY SUCH APPLICABLE LAW.
Buyer's Initials
Buyer's Initials
Seller's Initials
Pr.;e I of 10
C',~nlerproposaIIO Purchase 'Uld Sale Agreement 06;30108
The terms and conditions of the Contract are further amended, modified, and revised by this Counterproposal as follows:
], Deed. Seller shall furnish to Buyer at Closing, either a special warranty deed, a quitclaim deed, or such other deed ("Deed")
necessary to convey insurable title to the Property, subject to the terms of the Contract and this Counterproposal. If more than one
form of Deed will suffice for conveying insurable title, Seller in its sole discretion may elect the form to use to convey the Property to
Buyer.
Buyer's Initials
2. Consideration of Offers. Buyer acknowledges that Seller may have received offers prior to or may receive offers after receipt of
Buyer's current offer evidenced by the Contract. Buyer acknowledges that Seller may consider all offers to purchase the Property,
re};'.lrdless of the date of receipt, and that Seller may accept or reject any otTer in Seller's sole discretion, Seller's agreement to sell the
Property to Buyer is evidenced solely by Seller's signature of this Counterproposal and no prior oral discussions or representations of
aT'} kind by Seller, or its agents or representatives, shall be binding upon Seller unless set forth in this Counterproposal
: Special Conditions. Buyer acknowledges that Seller obtained the Property by foreclosure or a deed in lieu of foreclosure. The
C(',~ltract and this Counterproposal may be subject to the following: (a) approval by a private mortgage insurer; (b) repurchase of the
r conerty by the prior mortgage servicer or insurer; or (c) the ability of Seller to convey insurable title as required by the Contract and
tt"" Counterproposal. In the event that any of these conditions apply, Seller in its sole discretion may terminate the Contract and this
\..'ounterproposal and promptly refund the Earnest Money to Buyer as Buyer's sole and exclusive remedy. Upon such termination,
Seller shall have no further obligation to Buyer whatsoever.
Nf.'ither Seller nor any of its agents or representatives have occupied the Property and neither warrants or represents that the Property
or any alterations or additions which may have been made to the Property conform to Applicable Law.
Buyer hereby acknowledges that Seller shall not be providing Buyer with a Real Estate Transfer Disclosure Statement and/or a
certificate of occupancy with respect to the Property. Buyer, to the extent permissible under Applicable Law, hereby waives any
req.iirement that Seller furnish Buyer with any such disclosure statement and/or a certificate of occupancy and hereby releases Seller,
and its Sllccessors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives from any and all liability
re~ulting from the non-delivery of such disclosure statement and/or certificate of occupancy.
Buyer's Initials
MOLD, MILDEW SPORES, AND OTHER MICROSCOPIC ORGANISMS AND ALLERGENS (COLLECTIVELY,
"~'fOLD") ARE ENVIRONMENTAL CONDITIONS THAT ARE COMMON IN RESIDENTIAL PROPERTIES AND MAY
AFFECT THE PROPERTY. MOLD, IN SOME FORMS, HAS BEEN REPORTED TO BE TOXIC AND TO CAUSE
SERIOUS PHYSICAL INJURIES, INCLUDING, BUT NOT LIMITED TO, ALLERGIC AND RESPIRATORY
REACTIONS OR OTHER PROBLEMS, PARTICULARLY IN PERSONS WITH IMMUNE SYSTEM PROBLEMS,
VOUNG CHILDREN, AND ELDERLY PERSONS. MOLD ALSO HAS BEEN REPORTED TO CAUSE EXTENSIVE
DAMAGE TO PERSONAL AND REAL PROPERTY. MOLD MAY HAVE BEEN REMOVED OR COVERED IN THE
COURSE OF CLEANING, REPAIRING, OR REMEDIATING THE PROPERTY. IF SELLER, OR ANY OF ITS AGENTS
(it{ REPRESENTATIVES, CLEANED OR REPAIRED THE PROPERTY OR REMEDIATED MOLD
CONTAMINATION, SELLER DOES NOT IN ANY WAY WARRANT ANY SUCH CLEANING, REPAIR WORK, OR
REMEDIATION. BlIYER WILL TAKE TITLE TO THE PROPERTY "AS-IS," SUBJECT TO THE PROPERTY
CONDITIONS THAT EXIST AS OF THE CLOSING DATE. BUYER IS FULLY RESPONSIBILITY FOR ALL HAZARDS
THAT MAY RESULT FROM THE PRESENCE OF MOLD IN OR AROUND THE PROPERTY. BUYER IS SATISFIED
WITH THE CONDITION OF THE PROPERTY NOTWITHSTANDING THE PAST OR PRESENT EXISTENCE OF
MOLD IN OR AROlJND THE PROPERTY, AND BUYER HAS NOT IN ANY WAY, RELIED lJPON ANY
REPRESENTATIONS OF SELLER, OR ITS SUCCESSORS, ASSIGNS, AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, OWNERS, AGENTS, AND REPRESENTATIVES CONCERNING THE PAST OR PRESENT EXISTENCE
OF MOLD IN OR AROllND THE PROPERTY.
Buyer's Initials
Buyer's Initials
Seller's Initials
P:',.;e 2 of 10
Cp.;llterproposal to Purchase and Sale Agreement 06'30108
4. Personal Property. Items of personal property located on the Property are not to be considered as part of the Property and are not
included in the Contract or this Counterproposal. Seller makes no representation or warranty as to the condition of, title to, or
ulcumbrance of any such personal property, Seller shall have no liability for any claim or losses Buyer or Buyer's successors or
asjgns may incur as a result of any condition or defect that may now or hereafter exist with respect to such personal property. No bill
of sale will be provided at Closing; provided, however, Seller shall provide the minimum documentation necessary to transfer
any mobile or manufactured home located on the Property.
Buyer's Initials
5. Occupied Propem. In the event the Property is occupied by one or more tenants, Seller makes no representations regarding: (a)
th" existence of a written lease agreement; (b) the term of such tenancy; (c) whether rent payments are current; (d) the amount of rent
tpat should be paid; or (e) compliance with rent control, registration, or other Applicable Laws. In addition, Seller does not hold any
security deposits for any tenant and Buyer is solely responsibile to any tenant for the return of any security deposits and any interest
thereon.
6. "AS IS" Condition. Seller conveys and Buyer accepts the Property in "AS IS, WHERE IS" condition at the time of Closing,
including any known or hidden defects. Neither Seller nor any person acting as its agent or representative is making any
l\rtrranties or representations, either express or implied, as to the condition of the Property. Buyer hereby releases and agrees
to hold harmless Seller and and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and
representatives from any and all claims or liability with respect to the condition of the Property.
SeFer, most specifically, makes no warranty or representation as to whether any utility service, including water, sewer, electricity,
gas, and other such service ("Utilities"), serving the Property are public or private.
Buyer's Initials
7. Buver's Rie.ht to Inspect. Buyer acknowledges Buyer's opportunity to inspect and investigate the Property, either independently
or through agents of Buyer's selection, Any such inspection shall be made at Buyer's own expense and shall be completed within ten
(10) days from the execution of this Counterproposal by Seller. Buyer shall rely solely on Buyer's inspection and review to evaluate
the condition of the Property, Buyer further acknowledges and agrees that Buyer is not relying on any statements or representations
made by Seller or Seller's agents or representatives (including, but not limited to, infonnation disclosed on the MLS) as to the
condition of the Property, including, but not limited to, the condition, structural soundness, and working order of: heating/air
conditioning systems; sewage; roof; foundations; soils; septic systems; plumbing; lot size; suitability of the Property for particular
purposes; appliances; Utilities; and any improvements to the Property. Buyer further acknowledges and agrees that Buyer is not
reljing on any statements or representations made by Seller or Seller's agents or representatives regarding whether the Property is in
cO:'1pliance with Applicable Law. Buyer acknowledges that Buyer is responsible for obtaining any inspection reports as to: (a) the
condition of the Property and any appliances, structural components, heating/air conditioning systems, sewage, roof, foundations,
soils, septic systems, plumbing, and Utilities; (b) suitability for LIse of the Property; (c) the presence of any toxic or hazardous
substances on the Property, including, but not limited to, radon, asbestos, lead paint, or Mold; (d) any other factors that would render
th", Property uninhabitable or dangerous to the health of the occupants; (e) whether the Property is in compliance with Applicable
Law; and (f) any other factors regarding the Property about which Buyer may be concerned. Buyer's failure to inspect the Property
shall not alter or impair the understanding and agreement between Seller and Buyer as set forth in the Contract and this
Co.nterproposal. No inspections may be made by any building or zoning inspector or government employee without the prior written
c"l1sent of Seller,
Buyer's Initials
Seller's Initials
Page 3 of 10
Coun>erproposallO Purchase and S.le Agreement 06:30/08
Ifthe Property has been winterized and Buyer wishes to de-winterize the Property for the purposes of Buyer's inspections, Buyer must
notifY the listing agent identified below ("Listing Agent"), Only the Listing Agent may arrange for such de-winterization, which will
be conducted at Buyer's sole cost. Under no circumstance shall Buyer de-winterize the Property.
Buyer's Initials
Guyer shall indemnifY and fully protect, defend, and hold Seller, and its successors, assigns, affiliates, directors, officers, employees,
O\'v,iers, agents, and representatives, harmless from and against any and all claims, liens, loss, damages, and costs and expenses of every
kind and nature (including, but not limited, to attorneys' fees and court costs) that may be sustained by or made against Seller or its
s'./ocessors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives, or any damage to the Property or to
any adjoining property, or any injury to Buyer or any other persons that may result or arise out of inspections made by Buyer or its
agents prior to Closing,
8. Hazardous Substances. Buyer assumes all risk of loss, damage, or injury that may arise as a result of or that in any way may be
connected with the presence in, on, or about the Property of radon gas, asbestos, mold, or any other toxic or hazardous substance, as
defined by Applicable Law and commonly understood (collectively, "Hazardous Substances"). Buyer, on behalf of Buyer and Buyer's
successors and assigns, fully and forever releases, indemnifies, and discharges Seller and its affiliates and their respective successors,
assigns, directors, officers, employees, owners, agents, contractors, and representatives (collectively, "Seller Indemnified Parties"), and
holds Seller Indemnified Parties harmless ITom and against any and all claims, damages, liabilities, losses, demands, private or
go'''ernmental causes of action, expenses, or costs (including without limitation court costs, attorneys' fees, costs of governmental
imestigation, or costs of environmental remediation), Buyer or Buyer's successors and assigns may suffer or incur as a result of the
presence of Hazardous Substances in, on, or about the Property, whether now or hereafter known. This provision shall survive delivery
of the Deed and the Closing Date.
9. Risk of Loss. Prior to Closing, Seller shall maintain the Property in materially the same condition as of the date of Seller's
execution of this Counterproposal, except for ordinary wear and tear. If prior to Closing the Property is damaged, Seller may make
repairs to restore the Property to the same condition as of the date of Seller's execution of this Counterproposal. If Seller, in its sole
dis....retion, elects not to repair the Property, Buyer may: (a) accept the Property in its damaged condition; (b) re-negotiate the Purchase
Price; or (c) terminate the Contract and this Counterproposal, in which case the Earnest Money will be returned to Buyer as Buyer's
suie and exclusive remedy.
liNDER NO CIRCUMSTANCES SHALL ANY INSURANCE PROCEEDS PAID TO SELLER WITH REGARD TO ANY
CAMAG E TO TH E PROPE RTY THAT OCCUR S PR lOR TO CL OSING BE ASSIGNE D OR PAY ABL E TO BUY E R.
Upon Closing, Seller shall be relieved of all responsibility and liability for maintaining hazard or flood insurance on the Property, All
~uch insurance policies shall be terminated by Seller immediately upon Closing, and Buyer will be responsible for obtaining any such
in~urance as well as any title insurance required by Buyer's lender prior to Closing.
10. Purchase Price (Initial applicable sections; non-applicable sections should be marked "N/A").
~ A. CASH: The Purchase Price will be paid in the form of cash Verification of funds required to close shall
be provided to Seller by Buyer upon delivery of a fully executed copy of this Counterproposal. If the Closing does not take place
on the Closing Date due to Buyer's failure to provide cash at the Closing or due to any other related reasons, including, but not
limited to, Buyer's decision to obtain lender financing, both Buyer and Seller agree that the Earnest Money shall be immediately
released to Seller as liquidated damages as provided in paragraph 19 below.
~ N~ B. LENDER FINANCING: Buyer may obtain financing from the lender of Buyer's choice, Within
seventy-two (72) hours of execution of this Counterproposal by Buyer, Buyer will either apply for financing or provide evidence
satifactory to Seller that a lender has pre-approved Buyer for financing. Proof of lender's unconditional commitment to lend must
Buyer's Initials
Seller's Initials
P4ge 4 of 10
C:uuntCl]lroposal to Purchase and Sale Agreement 06/30/08
be provided to Seller with NA days of execution of this Counterproposal. Except as otherwise provided in this
Counterproposal and to the extent not restricted due to financing insured by a governmental agency, Buyer shall pay for any and
all costs associated with the loan application process, including, but not limited, to any application fee, appraisal fee, and credit
report fee,
II. Survev and Other Costs. Buyer will be solely responsible for obtaining, at Buyer's expense, a survey acceptable to the title
company or closing agent and any lender. In the event Seller is required to provide extended survey coverage, as may be normal and
cU;lomary, Seller will not be required to do so if such a required survey has not been so obtained by Buyer.
Bu~'er shall be responsible for paying all other costs and expenses (including, but limited to, the fees of Buyer's attorney) associated
with the Closing and not specifically required to be paid by Seller by this Counter Proposal.
12. :o;ettlement/Closinl!. The Closing shall be conducted in the office of the Closing Agent or at a place designated and approved by
Srller. However, Buyer may choose to purchase title insurance from a different title insurance provider ("Buyer's title insurance
pr0\ ider") at Buyer's sole expense, as provided in pargraph 15 below. Closing shall occur on or before the Closing Date and the
Buy;er shall make every effort to meet this deadline. Should the Closing extend beyond the Closing Date through no fault of
Sf;l1er, Seller shall be entitled to a $ $0.00 fee for each day the Closing is so extended. Any agreement by Seller to
ext~l1d the Closing Date must be in writing. Notwithstanding the foregoing, if the Closing does not take place on the Closing
Date due to any failure of Buyer, Seller retains the right to terminate the Contract and this Counterproposal and pursue the
re."edies contained in the Contract and this Counterproposal. The Transaction may not close in escrow without the prior written
corsent of Seller.
13. Nel!ative Sale Proceeds. If unforeseen judgments, liens, assessments, HOA Assessments, or other such encumbrances result in
negative sales proceeds to Seller, Seller reserves the right to terminate the Contract and this Counterproposal and return the Earnest
Money to Buyer as Buyer's sole and exclusive remedy.
14. .Prorations at C1osinl!. All taxes; condominium, planned unit development, or similar community homeowners' association dues
and assessments ("HOA assessements"); and Utilities charges shall be prorated to the Closing.
Tax prorations shall be based on one hundred percent (100%) of the last available tax bill or upon the local tax assessor's latest
vah..ation of the Property and the current tax rate. Any special assessments that constitute a lien on the Property as of the Closing Date
anc are payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be
pa;J by Buyer. In no event shall Seller be responsible for the payment of any un levied assessment pending as of the actual date of
Closing.
HOA assessments shall be based on the assessment rate in effect as of the actual date of Closing. Any special assessments levied and
payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be paid by
Bu) er. In no event shall Seller be responsible for the payment ofany unlevied assessment pending as of the actual date of Closing.
SLLI....ER WILL NOT BE RESPONSIBLE FOR ANY ADJUSTMENT OF SETTLEMENT CHARGES, INCLUDING, BUT
NOT LIMITED TO, TAXES OR HOA ASSESSMENTS AFTER CLOSING.
IS. Lender-Required ReDairs. Should any lender, insuring entity, or governmental agency require that certain repairs be made to
tro: Property or that certain other conditions be met, Seller, in its sole discretion, may comply with such requirements or terminate the
Contract and this Counterproposal. Further, should any FHA Conditional Commitment or V A Certificate of Reasonable Value vary
f,om the Purchase Price, Seller, in its sole discretion, may terminate the Contract and this Counterproposal. If Seller elects not to
trrminate the Contract and this Counterproposal pursuant to this paragraph, Seller's responsibility for any repairs required by Buyer
as a result of inspection by Buyer, by a lender,or as a condition set forth in an FHA Conditional Commitment or V A Certificate of
R..:asonable Value shall not exceed $ NA _, inclusive of termite repairs ("Repair Limit Amount"). and Buyer shall be solely
Buyer's Initials
Seller's Initials
P?ge 5 of 10
Counterproposal to Purchase and Sale Agreement 06/30/08
r.;;sponsible for any amounts exceeding the Repair Limit Amount without any reduction in the Purchase Price. If Seller elects to
terminate the Contract and this Counterproposal, Seller will return the Earnest Money to Buyer as Buyer's sole and exclusive remedy
Buyer's Initials
16, Condition and Conveyance of Title. Seller shall deliver insurable title and pay for Buyer's owner's policy of title insurance
from the title insurance provider chosen by Seller and indicated below. However, Buyer may choose to purchase title insurance
from Buyer's title insurance provider, indicated below, at Buyer's sole expense. In the event Buyer chooses to obtain an owner's
policy and/or title exam from the title insurance provider of Buyer's choice, Buyer shall order the same within three (3) days of Seller's
execution of this Counterproposal; if Buyer fails to do so, all objections to title shall be deemed waived Seller shall not be
re~ponsible for any "gap" title insurance coverage and will not in any event provide an affidavit of title or other similar documents in
which Seller is requested to make representations or warranties with respect to title to the Property.
If Seller is unable to provide insurable title, convey the Property, or to deliver possession of the Property as provided in the Contract
and this Counterproposal, or if at the time of the delivery of the Deed does not confonn with the provisions of the Contract and this
Counterproposal, Seller shall bear any nominal expense and use reasonable efforts to remove any defects in title or to conveyor deliver
the Property as so provided, but is under no obligation to use extraordinary measures or to bring any actions or proceedings in order to
cla so. If Seller is unable to so remove any defects in title or to conveyor deliver the Property as so provided within ten (10) days after
Casing, (a) the Contract and this Counterproposal shall terminate and Seller will return the Earnest Money to Buyer as Buyer's sole
and exclusive remedy, or (b) Buyer may, by written notice on or before the Closing, waive any objections to Seller's inability to so
remove any defects in title or to conveyor deliver the Property as so provided. For purposes of this paragraph Seller shall be
d(-emed to be able to convey insurable title to Buyer if a reputable title insurance company will underwrite a title insurance
policy insuring that title to the Property will vest in Buyer as of the Closing.
Seller Buyer to provide title insurance
S",lIer's title insurance provider:
Phone:
Fax
Buyer's title insurance provider:
Phone:
Fax
Buyer's Initials
17 Occupancy of the Property. Under no circumstances will Buyer be allowed to occupy the Property prior to Closing. In the
event Buyer violates this prohibition, Seller will avail itself of all legal remedies. In the event Buyer alters or occupies, or pennits any
otrler person to alter or occupy, the Property prior to Closing, Buyer shall be in material default under the Contract and this
Counterproposal, in which case Buyer shall forfeit the Earnest Money and any rights to the Property, however altered, Any access to
tt.~ Property prior to Closing is prohibited unless accompanied by Seller or Seller's agent or unless otherwise agreed to in writing by
Sdler.
lR ~
A. Seller's Right to Contest Taxes. Seller shall have the unrestricted right to contest the amount of or obligation to pay any
ad valorem real or personal property taxes, real or personal property assessments, or HOA Assessements (collectively,
"Contested Taxes"), for any period for which any Contested Taxes are assessed or levied (a "Tax Period") that includes or
precedes the actual date of the Closing (the "Closing Tax Period"). Seller may contest the Contested Taxes by any judicial,
administrative, or other process that Seller chooses in its sole discretion, If requested by Seller, Buyer shall join in any
proceeding to contest the Contested Taxes to the extent necessary to pennit Seller to exercise its rights under the Contract
and this Counterproposal. Seller shall have no duty to contest the Contested Taxes and may dismiss, settle, or otherwise
resolve any matter relating to Contested Taxes in whatever manner or under any tenns Seller elects in it sole discretion.
Buyer's Initials
Seller's Initials
Page 6 of 10
Coun'''''1>roposal to Purchase and Sale Agreement 06/30108
fl. Entitlement to Refund. Any refund of Contested Taxes for the Closing Tax Period or any prior Tax Period shall be paid
to Seller, and Buyer hereby irrevocably assigns to Seller any right, title or interest it may have in any refund of Contested
Taxes for all such Tax Periods, Ifrequested by Seller, Buyer shall execute whatever endorsements or other documents that
may be necessary to accomplish the refund of such Contested Taxes to Seller. Provided, however, notwithstanding anything
in the Contract or this Counterprosal to the contrary, Seller shall not be entitled to any refund of Contested Taxes that is
attributable solely to any change in land usage or ownership of the Property occurring on or after Closing, all of which shall
be paid by Buyer.
19, Default. In the event Buyer defaults in the performance of the Contract or this Counterproposal, the Earnest Money shall
be paid to Seller as liquidated damages for, among other things, the additional cost of carrying the Property and lost
marketing time, both of which Buyer and Seller acknowledge and agree are difficult to calculate. Said liquidated damages shall
not be construed or deemed to constitute a penalty and the right given to Seller to retain the Earnest Money shall not constitute Seller's
sole and exclusive remedy. In the event item A in paragraph 10 abo~ is initialed, Seller is materially relying upon the representation
in said paragraph lOA above to the effect that Buyer will be purchasing the Property as an all-cash transaction without third party
financing. Buyer subsequent election to purchase the Property with third-party financing rather than on an all-cash basis as indicated
above shall constitute a material default under this paragraph
IN THE EVENT SELLER DEFAULTS IN THE PERFORMANCE OF THE CONTRACT AND THIS
COUNTERPROPOSAL, BUYER SHALL BE ENTITLED TO A RETURN OF THE EARNEST MONEY AS BUYER'S
SOLE AND EXCLUSIVE REMEDY.
Buyer's Initials
2(l Installation of New Locks and Transfer of Utilities. Buyer shall be responsible for the installation of new locks and the transfer
(it' all Utilities on the Property immediately after the Closing, and Buyer shall hold harmless and indemnitY Seller and its successors,
a~~igns, affiliates, directors, officers, employees, owners, agents, and representatives from and against any and all damages, claims,
IiC,1S, losses liabilities, costs, injuries, attorney fees and expenses of every kind and nature that may be made against Seller and its
successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives as a result of Buyer's failure to install
O'~w locks or transfer all Utilities on the Property. Buyer will have all Utilities and homeowners' services, as well as any HOA
Assessements, transferred into Buyer's name no later than the first (l SI) business day following Closing. Buyer also will be responsible
tJr payment of any Utilities charges or HOA Assessments incurred after Closing and for ensuring that any Utilities or homeowners'
s.:rvice, including HOA Assessements, in the name of Seller or the Listing Broker indicated below is transferred entirely into Buyer's
n:tme.
Witness
SEE SUBSTITUTE EXECUTION PAGE
Buyer
Date
Selling Broker
Date
Acknowledge:
B 1.1 yer
Date
Listing Broker
Date
21. Asshmabilitv. Buyer may not assign or transfer the Contract or this Counterproposal without Seller's written approval. Seller may
assign or transfer the Contract and this Counterproposal without Buyer's approval
22. Performance. The acceptance of the Deed by Buyer shall be deemed to be a full performance by Seller under the Contract
a~d this Counterproposal.
Buyer's Initials
Buyer's Initials
Seller's Initials
Page 7 of 10
('ounlerproposaJ to PlU'chase and Sale Agreemenl 06/30/08
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2132 43RD Lane SW, Naples, FL 34116
Folio Number: 35752760003
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED:~
....
ATTEST~. ~~~RD c;",
DWIGr!~~~~~'~gG~~c.~.er!Sr,. ~.
.,~ ~ ~,^"'! '~r,:iC ''';1. ~ --"-"" ,:
, : ,,' " ,'.r', ,,'. <1(..,' ,
:~~ " , .\- .
~ ~". {J', " p' . Clerk;,
MtItC'ti '...
I t....~/:~.1 s~.~~,~~~
Approved as to form and
legal sufficiency:
~-\\\0\~-tc
Jennifer B. White
Assistant County Attorney
23. Real Estate Broker Commissions. The total commission payable by Seller pursuant to the Transaction shall be 7---% of the
grr:-ss Purchase Price. The closing agent is authorized and directed to pay said commission from the sale proceeds at Closing as per the
Wms of the Commission BreakdowTI Form to be provided by Seller. No real estate broker commissions shall be paid unless the
Closing occurs and title to the Property passes to Buyer.
24. Additional Provisions. Buyer and Seller approve and accept this Counterproposal and acknowledge and agree that this
COllnterproposal is a legally binding agreement and is made part of the Contract in like manner as if it were directly set forth therein.
All other terms and conditions of the proposed Contract shall remain the same. The terms of the Contract and this Counterproposal
sh...lI survive the Closing.
15. Attachments. Any attachement or addendum to this Counterproposal hereby is incorporated into this Counterproposal for all
pt'rposes by this reference. Attachment: Lead Based Paint Disclosure Addendum.
h. This counterproposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party to this document received notice of such acceptance on or before 09102109
SEE SUBSTITUTE EXECUTION PAGE
BUYER
Date:
SELLER
Date:
!llLtEB
Date:
Buyer's Initials
Seller's Initials
P:>ge 8 of 10
CO""terproposal to Purchase and Sale Ab'Teemenl 06/30i08
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2132 43RD Lane SW, Naples, FL 34116
Folio Number: 35752760003
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED:~
'1,.
A TTES~:. \)MnO /""
DW!G,td'i. E:' BRO~;'<;;lerk .
"') J - ~ ,~) '.. t.:~, .~.
.::: .t< ~\ .-?- ", ~'"' .
BOARD OF CO
COLLIER CO
-
<''': e
~ . >I I .
.,II- ." .
Mt~.w ,"i'
It ' , ' i'tiII'''':I~\\~';)
, 11}A, . Su;'
Approved as to form and
legal sufficiency:
\~,~\0\~~
JenriJr B. White
Assistant County Attorney
LEAD -BASED PAINT DISCLOSURE
ADDENDUM
Lead Warnine: Statement
"Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 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
qUl)tient, behavioral problems, and impaired memory. Lead poisoning also presents a risk to pregnant women, The seller of any
interest in residential real property is required to provide Buyer with any information on lead-based paint hazards from risk
a:,sessments or inspections in the seller's possession and notifY the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to purchase."
Seller's Disclosure to Buyer
Sdler acknowledges that Seller has been informed of Seller's obligation. Seller is aware that Federal laws require Seller to permit
BI,yer a ten (10) calendar day period to conduct risk assessment or inspection for the presence of lead-based paint hazards before
becoming obligated under a contract to purchase target housing (unless mutually agreed otherwise in writing). That opportunity will be
rrovided within the ten (10) calendar day period immediately following Seller's final execution of the Contract and this
Crdnterproposal. Seller is aware that Seller must retain a copy of this disclosure for not less than three years from the Closing.
A. Presence ofIead-based paint and/or lead-based paint hazards (check one box below):
D Seller has no knowledge of any lead-based paint and/or lead-based paint hazards present in the Property.
D Seller has knowledge of lead-based paint and/or lead-based paint hazards present in the Property (explain)
N/A
B. Records and reports available to Seller (check one box below):
D Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the Property.
D Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based
paint hazards in the Property (list documents below):
N/A
Buyer's Acknowlede:ment
C. Buyer has read the Lead Warning Statement above and understands its contents.
D. Buyer has received copies of all information, including any records and reports listed by Seller above.
E. Buyer has received the pamphlet "Protect Your Family From Lead in Your Home."
F. Buyer acknowledges federal law requires that before a buyer is obligated under any contract to buy and sell real
estate, Seller shall permit Buyer a ten (10) calendar day period (unless the parties mutually agree, in writing, upon a
different period of time) to conduct a risk assessment or inspection for the presence oflead-based paint and/or lead-
based paint hazards.
G. Buyer, after having reviewed the contents of this Addendum, and any records and reports listed by Seller, has elected
to (check one box below):
D Obtain a risk assessment or an inspection of the Property for the presence of lead-based paint and/or lead-based
~t hazards, within the time limit and under the terms of the Contract and this Counterproposal, or
l X Waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or
lead-based paint hazards.
Buyer's Initials
Seller's Initials
Page 9 of IO
em,' 'crproposallo Purchase and Sale Al,,'re<1l1ent 06130/08
Real Estate Licensee's Acknowledl!ment
E<l,h real estate licensee signing below acknowledges receipt of the above Seller's Disclosure to Buyer, has infonned Seller of Seller's
Obligations, and is aware of licensee's responsibility to ensure compliance,
Certification of Accuracv
I certifY that the statement I have made are accurate to the best of my knowledge,
SELLER
BlIVER
SEE SUBSTITUTE EXECUTION PAGE
Date
Date
Seller's (Listing) Agent
Date
Buyer's (Selling) Agent
Buyer's Initials
Seller's Initials
rage 10 of 10
Cqmterproposal to Purchase and Sale Al,'feement 06130/08
Date
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2132 43RD Lane SW, Naples, FL 34116
Folio Number: 35752760003
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: q ..-Lf-too1
ATTE~~' i~'~.~~"~~~.,.: \
DWIQHT;E~ B~C~~lerk
:t)" i.-:.,~ ....1 '.
~'!f, ,', '. :
.' 1',_ .
: . .- f' ~
~, ,'\
.ce
.t~ .I"'<~:;)
~ ;'.4 . '5)J~'~
BOARD OF CO TY COMMISSIONERS
COLLIER CO Y, FLORIDA I ...
BY: ~ d~
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
~ ---/) '," \ +-
".... \) ~..) \;\..~"'--L
Jennl er B. White
Assistant County Attorney
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 213243RD Lane SW, Naples, FL 34116
f=olio Number: 35752760003
ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE
AND COUNTER PROPOSAL TO PURCHASE AND SALE AGREEMENT BETWEEN THE
UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT 2132 43RD LN SW.
NAPLES. FL 34116
THIS ADDENDUM is entered into by and between DEUTSCHE BANK NATIONAL TRUST COMPANY
as Trustee under Novastar Mortgage Funding Trust, Series 2006-5, Seller, and COLLIER COUNTY, a Political
. Subdivision of the State of Florida, Buyer. Buyer and Seller have entered into that certain "As Is' Contract for
, Sale and Purchase, and Counter Proposal to Purchase and Sale Agreement between the undersigned parties
concerning the property at 2132 43rd Lane SW, Naples, FL 34116 (hereinafter referred to as "Property") attached
thereto, all dated of even date herewith, and Buyer and Seller wish to amend the foregoing with the following
additional terms and conditions:
1. The"As Is' Contract for Sale and Purchase, the Counter Proposal to Purchase and Sale Agreement
?nd this Addendum to the'~s Is' Contract for Sale and Purchase and the Counter Proposal to Purchase and Sale
Agreement shall, collectively, constitute the "Agreement' between the parties, which Agreement between the
undersigned parties concerning the property at 2132 43rd Lane SW, Naples, FL 34116, shall only be effective
upon the execution of all three referenced documents by both parties.
2. The first Paragraph of the Counter Proposal to Purchase and Sale Agreement is revised to reflect
that the Agreement is dated of even date herewith between Deutsche Bank National Trust Company, as
Trustee under Novastar Mortgage Funding Trust, Series 2006-5 ('Seller") and Collier County, a Political
Subdivision of the State of Florida ('Buyer"), and any requirements for initials are waived.
3. The purchase price shall be $80,750.00 as stated on the attached "As Is' Contract, and on the
Counter Proposal to Purchase and Sale Agreement.
4. The earnest money deposit shall be $5,000,00 as stated on the attached '~s Is' Contract and on
Counter Proposal to Purchase and Sale Agreement, and the Agreement is revised to reflect that the Earnest
Money Deposit will be made within ten (10) days following Buyer's receipt of the fully executed Agreement
package by wire transfer,
5, The bolded provision in the PRICE section on Page 1 of the Counter Proposal to Purchase and Sale
Agreement that reads: "NOTWITHSTANDING CUSTOMARY PRACTICES OR ANY PROVISION OF THE
CONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL OR
REQUIRED BY APLlICABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE' is deleted in its
entirety, and any requirements for initials are waived.
6. The closing date on Page 1 of the Counter Proposal to Purchase and Sale Agreement shall be
October 22, 2009 as accepted by both parties and as stated on the attached "As Is' Contract, and any
requirements for initials are waived.
7. The SELLER CONCESSIONS section on Page 1 of the Counter Proposal to Purchase and Sale
Agreement is deleted in its entirety, and any requirements for initials are waived.
8. Any requirements for initials at the bottom of Page 1 through and including Page 10 of the Counter
Proposal to Purchase and Sale Agreement are waived in their entirety.
9. Paragraph 1 of Counter Proposal to Purchase and Sale Agreement is revised to reflect that a Special
Warranty Deed shall be the only acceptable method of transfer and conveyance, and any requirement for initials
are waived.
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2132 43RD Lane SW, Naples, FL 34116
Folio Number: 35752760003
10. Paragraph 3 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
11. Paragraph 4 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
r3quirements for initials are waived.
12. Paragraph 5 of the Counter Proposal to Purchase and Sale Agreement is revised to include that
Seller warrants that the property is vacant.
13. Paragraph 6 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
14. Paragraph 7 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
15. Paragraph 10 (A) of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
this is a Cash purchase, and any requirements for initials are waived.
16. Paragraph 10 (B) of the Counter Proposal to Purchase and Sale Agreement is not applicable, and
any requirements for initials are waived.
17. Paragraph 11 of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
Seller shall be responsible for payment of Documentary Stamp Taxes pursuant to Section 201.10, Florida
Statutes, together with costs for recording any documents necessary to establish clear title to the property.
18. Paragraph 12 of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
$0.00 per diem fee shall be payable for each day the Closing is so extended, and any requirements for initials
are waived.
19. Paragraph 15 of the Counter Proposal to Purchase and Sale Agreement is not applicable and is
deleted in its entirety, and any requirements for initials are waived.
20. The provisions of Paragraph 16 of the Counter Proposal to Purchase and Sale Agreement requiring
that Seller's and Buyer's title insurance provider's information be provided is deleted, and any requirements for
i,1itials are waived.
21. Paragraph 18 of the Counter Proposal to Purchase and Sale Agreement is deleted in its entirety,
:~i1d any requirements for initials are waived.
22. Paragraph 19 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
23. Paragraph 20 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for Buyer's signature, witnesses, acknowledgement by Brokers, and initials are waived.
24. Paragraph 21 of the Counter Proposal to Purchase and Sale Agreement is revised to include that
Seller may not assign or transfer the Contract without Buyer's approval.
25. Paragraph 22 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
26. Paragraph 26 of the Counter Proposal to Purchase and Sale Agreement is deleted in its entirety,
G."d any requirements for initials are waived.
NEIGHBORHOOD STABILIZATION PROGRAM
:Jroperty Address: 2132 43RD Lane SW, Naples, FL 34116
Folio Number: 35752760003
27. The notation "See Substitute Execution Page" at the bottom of Page 8 of the Counter Proposal to
Purchase and Sale Agreement is acceptable, and any requirements for initials are waived.
28, Buyer's acknowledgement in the Lead-Based Paint Disclosure Addendum is revised to reflect that
Buyer waives the Lead-Based Paint inspection period, and all requirements for initials are waived.
29. The notation "See Substitute Execution Page" on Page 10 at the end of the Lead-Based Paint
Disclosure Addendum of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials or signatures by Seller's or Buyer's agents are waived.
EXCEPT as expressly provided herein, the Agreement between the Purchaser and the Seller remains in full
force and effect according to the terms and conditions contained therein, and said terms and conditions are
applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this Addendum.
Date property acquisition approved by BCC:
March 24, 2009, Item 10F
DATED: a-lk~1Af."a.,. .
~'"
. ~ ......... ,.. '.
ATTEST: " .....~.... ..., (~ '"
DWIGHT EJRqq,::C;.r;k........~....:
. ".~l''-\~.}I'" ".(':.~' .
r:>. If''''-', ( ~
"'"
....'\
PURCHASER:
,~
Approved as to form and legal sufficiency:
~'i' "" ~\, I
, ) \..,---,,' \. \A...-~
Jennifer S:-White, Assistant County Attorney
IJA TED:
SELLER:
Deutsche Bank National Trust, as Trustee under
Novastar Mortgage Funding Trust, Series 2006-5
c/o Saxon Mortgage Services, Inc.
BY:
PRINT NAME:
TITLE:
MEMORANDUM
Date:
September 4, 2009
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Deutsch Bank Sales Contract
Counterproposal and Addendums
Property Address: 2132 43rd Lane SW
Attached is the original contract, counterproposal and addendum referenced above (Agenda
Item #10F) approved by the Board of County Commissioners on March 24, 2009.
After processing please forward the fully executed original to the Minutes & Record's Office
for the Board's Official Record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment
f!;'.~
\,. ..:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
. TO ACCOl\1PANY ALL. ORIGINAL DOCU1\1ENTS SENT TO
THE BOARD OF COUNTY COMMlSSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Att1ch to originaL ~ Original clocn.rr=a should 1>4 !land d.elivcted to !be Board Office.. Th.e-complcn:d routing slip and original
rftV"nm""" ate to be. furwa:rded. to the Board. <Jfiio: only ~ tlJ.e Boa.tt1 has ~ action. on !be item.) . , . .' . ,.
.' . ROUTING SLIP . . ..... . ..
. CompIdl: routing lines 'l tfmmgh #4 as ~ for .rim,.;,.".,. { rl~ dat=. and/or infax:ma.tion needed.. If !be drc-n';;"",,'i.1 a1=dy complctl: wid!. the
don afthc ~'s si dr.awa line I11ron roa.cin lin<:3' ~t tbrou 1#4, c::omolen: ttu: d1et:.k1i.st; md forward to Sl.Il:' Filson (line 115).
Route to Addressee(s) . Office Initials. Date
(!.ist in routin order)'.: "". :
L_
2.
3.
..' .'
4.
5. . See Neu, &:ecaa-.;rc MeHag<<
J:A,..J 1V11-re.lteLL....
6. Minutes and Records
Board of County Commissioners
'Ictlb~
Clerk of Court's Office
PRIMARY CONTACT' INFORMA nON
(1lu: primlIry c:onl:Acl: is the haUler of the original doc:lm:l=c pending Bce approval. NonimI1y the primary eouClCt is tb.e: pc:lSon who ac:u.cdIprc:pared tlJ.e executive
SlDI:Il:ZWy. Primary COIlCla information is acc:dcd in the: CYc:l1C OIIc of the :Ldd=e:= above, inclwiing Sue Filsoa, II=! to cpntolCt miI for 3dditiaaal or missing
iDfarmuioa. All ariginaJ A"""'....'"'lIa needing the Bce Ch.zi.tmuz's sign;101l'c: = to be deJ.lvc:red to the BCe office ol11y ~ the: ace has :ICtCd to approve the:
ilelD.)
Name of Primary Stlff
Contact
Agenda Date Item was
ved b tbcBCe
Type ot Document
Attached
Phone Number
'()73
/O~
Agenda Item Number
Number' ot Original
DOcuments Al:t.lIChed
INSTRUCTIONS & CHECKLIST
Initial the Yes colWI1I1 or marl: "N/ A" in the Not Applicable col~ whichever is
Yes N/A (Not
(!nidar) liable)
1.. Original dtv!l'"1I'!tlC 1wl bectt sigru:df'mitia1ed fbr legal sUfficiency. (AIl documents to be
signed by the. Chairman. with the exception of most letters:, must be reviewed and signed
liy the Office of the County AJ1Dmey. This includes signature pages from ordinances. VJ.-13
resolutions. etc. signed by the Coupty Attorney's Office and signa.ture pagc:s from -(I" _ '
contract.s. ag1"I!;el'l1ellts., et.c. tb:lt have been fully exa:uted by all parties except the BCe
0Wrman and CIcrk to the Board and I State Officials.)
2. AJIlw:2d.written.strike-throngl1 and revisiollS have been initialed by the County 4ttorney.' s
Office and all other arties the Bee Cha.irm.a.n and the Oerk to the Board
3. The Chainpan's signatnre line date has been entered as the date ofBCC approval oftbe
c:focument or the final ne ti.ated contract date whichever is ap licable.
4. "Sign here" tabs arc placed 011 the appropriate pages indicating where the Cha:irman's
si' and initials are r
5. In ri10st eases (some contracts are an exception), the original document and. this routing slip
should be: provided to Sue Filson in the Bee office within 24 hours ofBCC approvaL
Some documents are time sensitive and rcqoire 1arwarding to Tall.a.h.a.ssee within So certain
time frame or the BCC-s actions are nullified. Be ware f our deadlines I
6. The document was approved by the BCe aD (enter date) and all cban.ges
made dlll'iog the meeting have been incorpora in the attached document. The
Coon Attorn s OffiC8 has reviewed the es., if a Iiohle.
I:.FonmI Cowu:y Form:sI Bce For:rmI Original!Xx:umc:Ia Roo.cing Slip WWS Original 9.03.04, R1:vi.1ed 1.16.0.5. RevUed 2.24.05
"';"_.._fa._."....."'~....;;.~_,,..,....,_"',.._,... ;c,_,_;.."..",.........'".,,,..""..._..,
MEMORANDUM
Date: September 15, 2009
To: Gary Bigelow, Property Acquisition Specialist
Facilities Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Deutsch Bank Sales Contract
Counterproposal and Addendums
Property Address: 2132 43rd Lane SW
Attached are your original contract documents, referenced above and with the now required
initials by Chairman Fiala (Agenda Item #10F) approved by the Board of County
Commissioners on March 24, 2009.
We have made a copy and will hold it in the Board's Official Records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment
. -~ _>T --, @ fee. Cf-(+tJj
~(C(ea ~~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~ ~
- TO ACCOlVlPANY ALL_ ORIGINAL DOCUMENTS SENT TO _
THE BOARD OF COUNTY COIYfMlSSIONERS OFFICE FOR SIGNATURE
Print on pink paper'. Att1ch to original doctm=t. Origilul rltrnml"Tlt'J 3bould be hand delivered to the Board Office. Thecomplcled routing slip and original
docnn1ena = to be- fcrwarrloi to the Board Offio: only ~ the Boan1 has t:I.b:n. acriozL on the it=..) _ _ . _ . _ . __
. . ROUTING SLIP . "-~'"
- Camp/.cte roaring.1ine3 #1 tbrough #4 as appropriare fur ad.ditiaa.a1 sign.aaz=. dates, and/or inf=arlon !1eeded- If the docnm=t'is a1re:u:ty complete with tbe
e:xo:vrion of the lmtTr-r..:m'! si~ draw a line r1tron~ rowinlf linC3' #1 tbron!':h #4, como!dl:: the d1.ecr1isr; and forward to SUI:' Fi1san (line #5).
.. '.: Route to Addressee(s) . Office Initials. Date
(I.i.st in routinlf order)' . .' _ '''_ _
L
2.
3. ..
.;:. .
4.
5. Sae FUsoa, UCC~-:8 ~4aaaber Board at-County Commissioners '
jtU2. / II7J /'Jt / -rC-ifeLL-
6 ~€fI: R ~ . ~ ~ 1 ~ ~- _
. " tltcJ m:d o...UJ.lh ~--" ~!C:I:lC'uJ. '-v...... ... __
PR.Il\ifARy CONTACT INFORMA nON
(The primary c:ont;lct is the holder of the original doc:mnc:nr pending Bce approvaL Nac:im.l1y tb.c primary conClCt is the p=on who =n:dIprcparcd the c:x=tive
summary. Primary concaa in:formarion is nccd.cd in tb.c CVClIr ODe of tb.c :idd=c::s .:Wove. induding Sue filsan. nced to cpllClCt st3ff for addiric:ma1 or missing
infoIm:uion. All original documents needing thc BCC Chzi=u's sign:uuIe := CO be delivered CO tb.c BCe office only after tb.c Bee h.u a=:l EO approve the
ircm.)
Name of Primary Staff Phone Number () A l'
~~ XOu 3
Agenda Date Item was Agenda Item Number /
ved b theBCe 0. fl /0 r-
Type of Document /1 Number of Original
Attached BJr r/7r.t::..J'ftYE Documents Attached I
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column. whichever is Y cs N/ A (Noe
a . t.c. (Initial) licable)
1.. Original document has been signcdf'tnitiaIed for legal sUfficiency. (All documents to be
signed by the Chairman. with the exc..-ption of most letters:, must be reviewed and signed
1;y the Office of the County AttJ:Jmey. 'I'his includes sigzmcure pages from ordi:aa.nces.
resolutions. etc. signed by the Co~ty Attorney's Office and signature pages from ~
contracts. agreements. etc. that have been fnlIyexecuted by all parties except the BCC ""u I ~
Chairman and. Clerk to the Board and ssibl State Officials.) -
2. All handwrittcn.strikc-throagh and revisions have been initialed by the County 4ttorney:s
Office and all other ames e e the BCe Chairman and the Clerk to the Board
3. The Chainpan's signature line date has been entered as the date ofBCe approval of the
document or the final DC tiated contract date whichever is Iicable.
4. "Sign here" tabs are pl~ on the appropriate pageS indicating where the Chairman's
si' and initials are r
5. In rilost cases (some contracts arc an exception), the original document and this routing slip_
should be provided to Sue Filson in the BCe office within 24 hours ofBCe approval. .) (')r'
Some documents are time sensitive and reqairc forwarding to Tallahassee within a certain '3 rv r.)
time frame or the BCe's actioos arc nullified. Be aware f our deadlines! .
6. The document was approved by the Bee aD 2- (enter date) and all changes
made daring the meeting have been incorporated in the attached document. The
Conn Attorn Js Office has reviewed the es. if a liable..
!; Forms! Counry Forms! Bce FaamI Origin.a( Doorme:m RDaring Slip WWS Origin.a19.03.04, ~Yi:!ed 1.26.05. RcvUed 2..24.05
COLLIER COUNTY GOVERNMENT
ADMINISTRATIVE SERVICES DIVISION
REAL PROPERTY MANAGEMENT
3301 TAMIAMI TRAil EAST
BUilDING W
NAPLES, Fl34112
PHONE (239) 252-8073
FAX (239) 252-8876
QarvbiQelow@collierQov.net
September 14,2009
Re: 213t.43rd LN SW, Naples, FL 34116 - NSP Program
Dear Commissioner Fiala:
The seller will not execute this Agreement package without having the County initial even though our
Addendum states that any requirements for initials are waived. In order to advance this acquisition, it
is humbly requested that you please review and initial where indicated. If you have any further
questions or concerns, please feel free to call me, or have Mr. Mitchell call me at his convenience.
Thank you very much.
Sincerely,
~~~
Real Property Management
1* ("Seller"),
2"
3
4
5 LOT 3, BLOCK 29,
6" County, Florida:
7*
8"
9
10
11"
12* Not applicable
13" Items ot Personal Property (and leased items, it any) excluded are:
14*
15* II. PURCHASE PRICE (U.S. currency): . . . . . , . . . . . . , . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . , . $ $80,750.00
16 PAYMENT: $5,000.00
17* (a) Deposit held in escrow tJAMES E. ALBERTELU, PA C'Escrow Aqent") in the amount of (checks subject to clearance) $
18' Escrow Agent's address: 600 N. WESTSHORE BLVD, SUITE 400 ,TAMPA, FL 33609 e:_ 813-2214743 _ N/A
19" (b) Additional escrow deposit to be made to Escrow Agent witl1in --I1lfL' days atter Effective Date in the amount of. . . . . . . . . . $
20" (c) Financing in the amount of ("Loan Amount"' see Paragraph rI/ below. . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . $
21" (d) Other, . . . . . . . . , . . . , . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . '. . . . . . . . , . $
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject $75,750.00
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 fmm 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 Contract, then the "Effective Date" shall be the date determined above for
30 acceptance ot this offer or, if applicable, the final counteroffer."'Oeposit due within 10 days of Effective date.
31 IV. FINANCING: Counteroffers included any Addenda submitted after either party signs.
32* ,QiJ (a) This Is a cash transaction with no contingencies for financing;
33* o (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 Approvalj within _ days (If blank, then 30 days) after Effective Date ("Loan Approval Datei 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 ot _ years. Buyer will make application within _ days (it 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 req~ires a condition related to the sale of other property shall
39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay aM 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 writtmnotice ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Closing. Sener's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Rnancing contingency, or the Contract-shall be cancelled.
45 DEPOSIT(S) (for purposes of this Rnancing 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) shall be returned to Buyer. If Buyer obtains Loan
47 Approval or waives this Rnancing contingency, and thereafter the Contract does not dose, then the deposit(s) shall be paid to Seller; provided how-
48 ever, it the tanure 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 Oil Buyers lender
49 faDs to receive and approve an appraisal of the Property in an amount sufficient to rneet the terms of the Loan Approval, then the depesit(s) shall be
50 returned to Buyer.
51* o (c) Assumption of existing mortgage (see rider for terms); or
52" o (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 Of blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments fisted 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): X (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56* (2) Buyer at Buyer's expense.
57* (CHECK HERE): .::l 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 documents delivered on OCTOBI;R 22, 2009 _ ("Closing'?, unless
59 modified by other provisions of this Contract. In the event of extreme weather or other conditions Of events constituting "force majeure", Closing Vllill be
60 extended a reasonable time until: (i) restoration of utilities and other seNices essential to Closing, and (iV availability of Hazard, Wind, Flood, or Homeowners'
61* insurance. If such conditions continue more than ~ days (if blank, then 14 days) beyond Ciosing Date, then either party may cancel this Contract.
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62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning,
63 restrictions, prohibitions and oHler requirements imposed by gover-nmental 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 utili1y 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 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 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. lYPEWRITTEN 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. ASSIGNABILllY: (CHECK ONLY ONE): Buyer 0 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 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 Iien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments.
80- as of Closing, shall be paid as follows: 11!1 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 Ronda 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 (ry 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/COMMUNllY 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 THt\T THE BLNER tvlAY BE OBUGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THt\T COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE ftN'( QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORtvlATION.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANlY: '::J Seller 0 Buyer 2!1 N/A wili 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
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
-'07 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
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 Contract:
112* o CONDOMINIUM o VNFHA o HOMEOWNERS' ASSN. I2l LEAD-BASED PNNT o COASTAL CONSTRUCTION CONTROL LINE
113* o INSULATION 0 EVIDENCE OF TIlLE (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 SIMUL TANEOUSL Y 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- S I ANDARDS 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* STANDARDS D AND N ARE 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.
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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 01 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 positions of all interested persons.
134 AN ASTERISK(') FOllOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
135' "SEE SIGNATURE BLOCK BELOW
136 (B~ D~ (SELLER) (DATE)
137*
138 (BUYER) (DATE) (SELLER) (DATE)
139' Buyers' address for purposes of notice Real Property Manaqe Sellers' address for purposes of notice
140* 3301 Tamiami Trail East, Bldq. W, Naples, FL
141* (239) 252-8991 Phone Phone
142 BROKERS: The brokers Oncluding cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with
1 43 this Contract:
144* Name:
145 Cooperating Brokers, if any Listing Broker
Date Property acquisition approved by BCC:
MarCh2~
DATED: -- BUYER:
TY COMMISSIONERS
I FLORIDA
.<Cf'ERTY ADDRESS: 2132 43RD LN SW,
NAPLES, FL 34116
FAR/BAR ASIS-2 Rev. 9/07 t!:J2007 Florida Association of R~L1 ORS~ and The Florida Bar All Rights ReseNed Page 3 of 5
146 liAS 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 01 the deed to Buyer,
148 an owner's policy 01 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 dischargecl by Seller at or belore Closing. Marketable title shalJ be determined according to applicable Title Standards adopt-
J 50 ed by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiVing 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 30 days from receipt of notice to remove the
152 defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (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 deposit(s) paid which shall
154 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall. If title is found unmarketable,
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 accordance with this "AS IS" Standard.
159 B. PURCHASE MONEY MORTGAGE,
160 SECURITY AGREEMENT TO SELLER:
161 Lines 159-168 DELETED
162
163
164
165
166
167
168 .
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 certi-
1 70 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 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 Paraqraph VII hereof and title to the Real Prooertv if; in.<;llrilhle in accordance with "AS IS. St;mrlllr!1 A without exception for lack of legal right of access.
175 F. LEASES: Lines 175-179 DELETED
176
177
178
179
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 financing statement,
181 claims of lien or potential lienors 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
183 liens executed by all general contractors, subcontractors, suppliers and mate.;almen in addition to Seller's lien affidavit setting forth the names of all such gen-
184 eral contractors, subcontractors. suppliers and materialmen, further affirming that all charges for improvements or repairs which could seNe 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 at the offICe of the attorney or other closing agent ("Closing
187 Agent") designated by the party paying for title insurance,
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 nation-
189 allegal holidays shaR be excluded. My time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shal extend to 5:00 p.m. of the
190 next business day. TIme is of the essence 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 leas-
192 es, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage. mortgage note, security agreement and fnancing statements.
193 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shaD be paid by Seller. All costs of Buyer's loan (whether obtained
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,
195 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing 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), shaM 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 sh8Jf 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 occurs 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 based on the current
202 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-
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 assass-
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 1st of year of Closing,
205 which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior years millage and at an equitable assess-
206 ment to be agreed upon between the parties; faaing which, request shall be made to the County Property Appraiser for an informal assessment takin9 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 fire or other casualty ("Casualty Loss") before Closing and cost of restoration (which
211 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
212 Closing shall proceed pursuant to the terms of this Contract, and if restoration is not completed as of Closing, restoration costs wiN be escrowed at Closing. If
213 the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall etther take the Property as is, together with the 1.5% or receive a refund of depostt(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 occurrence shaD 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 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 closing procedures shall apply: (1) all cloSing proceeds sllall be held In escrow by the Closing Agent for a period at not more than 5 days alter 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 defect and Seller shall
221 have 30 days from date of receipt ot such notification to cure the defect; (3) if Seller tails 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 Personat
223 Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale: and (4) if Buyer fails to make timely demand
224 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.
225 ranties contained in the deed or bill of sate,
226 Q. ESCROW: Any Closing Agent or escrow agent (collectively "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. tf in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, con-
229 tinue to hold the subject matter of the escrow unltl 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 clerk of the circuit court having iurisdiction of the dispute. An attorney who represents
231 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent
232 shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed reat estate broker, Agent will comply with
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 ot the escrow, Agent shalt recover reasonable attorney's tees and cosls 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 ot the prevailing party. The Agent shalt not be liable
236 to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to wiltful breach of the provisions of this
237 Contract or gross negligence of Agent.
238 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or Interpretation. arising out of this Contract. the prevailing party in such Iiti-
239 gation, which, for purposes of this "AS tS' Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by
240 Chapter 475, F.S., as amended, shalt be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
241 S. FAILURE OF PERFORMANCE: Lines
242 241-246 DELETED
243
244
245
246
247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shalt be recorded in any public records.
248 This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shalt include plural and
249 one gender shall include alt. Notice and delivery given by or to the attorney or broker representing any party shalt be as effective as if given by or to that party.
250 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
251 Contract and any signatures hereOll shall be considered for alt purposes as an original.
252 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal 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 shall, 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 ification to or change in this Contract shalt 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 Selter'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 condition or history of the Property; (3) Seifer has received no written or verbal notice from any governmental entity or agency as
260 to a currently uncorrected building, environmental or safety code violation; (4) Seifer 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 conditiOll existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shalt, upon
264 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including 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 wilt assign all
266 assiqnable repair and treatment contracts and warranties to Buyer at Closing.
267 Y. 1031 EXCHANGE Lines 267-270 DELETED
268
269
270 contingent upon, nor extended or delayed by, such Exchange.
271 Z. EiUYER WANER OF CLAIMS: Buyer waives any claims against Seifer and, to the extent permitted by law, against any real estate licensee involved
272 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
273 Buyer or anyone claiming by, through, under or against the Buyer.
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THIS DOCUMENT HAS IMPORT ANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSULT LEGAL, TAX, OR OTHER PROFESSIONAL COUNSEL BEFORE SIGNING.
Counterproposal to Purchase and Sale Agreement
'ihis Counterproposal to Purchase and Sale Agreement ("Counterproposal") amends, modifies, revises, and is incorporated for all
lJurposes into the proposed purchase and sale agreement or contract (together with any attachments or addenda thereto, "Contract")
dp.led 08/31/09 between Saxon Mortgage Services Inc. ("Seller") and Collier County a POl state of Florida ("Buyer")
: elating to the sale and purchase of the following described real property ("Transaction") located in COLLIER County,
f'L , otherwise know as 2132 43RD LN SW NAPLES FL 34116 (together with any
improvements thereon. "Property").
Seller and Buyer agree as follows:
. PRICE: The "Purchase Price" shall be $ 80750 . "Earnest Money" in the amount of $ 5000 is due
upon Buyer's acceptance of this Counterproposal and is to be held by JAMES E. ALBERTELLI, PA.. Earnest Money shall
be in a form acceptable to Seller, including certified funds, cashiers and tellers checks, and money orders; cash is
unacceptable. NOTWITHSTANDING CUSTOMARY PRACTICES OR ANY PROVISION OF THE
CONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL
OR REQUIRED BY APPLICABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE. In the
event the Contract or this Counterproposal provides for the release of the Earnest Money to Seller, execution of this
Counterproposal by Buyer will serve as a written release, and the only release necessary, for the escrow company or
closing agent to immediately release the Earnest Money as such to Seller.
. SELLER CONCESSIONS: Closing Costs (not to exceed): $ 0
Seller-paid Repairs (see below): $
Lender Required Repairs: $
Homeowners Warranty Amount: $
Other $
If Seller has agreed to pay for the cost of any repairs ("Seller-paid Repairs"), Seller shall cause such Seller-paid repairs
to be made by contractors designated and approved by Seller prior to the time the Transaction is closed ("Closing"). In
the event Closing does not occur, Buyer will be responsible for any costs Buyer has incurred in connection with this
Contract. Closing costs paid by Seller will be paid at Closing and must be based on actual, specified closing costs.
At Closing, Seller shall pay for the following treatments and repairs, if
any NA
. CLOSING: The Closing shall be on or before OCTOBER 22, 2009 Closing Date"). The "Closing Agent" will be
ALBERTELLI LAW (REO) or Buyer's title insurance provider indicated in paragraph 16 below
TIME IS OF THE ESSENCE IN THIS CONTRACT.
IN THE EVENT ANY PROVISION OF THIS COUNTERPROPOSAL CONFLICT IN WHOLE OR IN PART WITH THE
n:,RMS OF THE CONTRACT, THE PROVISIONS OF THIS COUNTERPROPOSAL WILL CONTROL EXCEPT TO
PiE EXTENT SUCH PROVISIONS OF THIS COUNTERPROPOSAL ARE CONTRARY TO ANY APPLICABLE LAWS,
f,!, '! ,ES, OR REGULATIONS ("APPLICABLE LAW"), IN WHICH CASE THE CONTRACT SHALL GOVERN ONLY
r 'j fHE L ,\ i TED EXTENT NECESSARY FOR COMPLlA~ JTH ANY SUCH APPLICABLE LAW.
Buyer's Initials
Buyer's Initials ~ Seller's Initials M
pp.::;e I of 10
c, /"nlerproposallo Purchase and Sale Agreement 06130/08
The terms and conditions of the Contract are further amended, modified, and revised by this Counterproposal as follows:
1. Deed. Seller shall furnish to Buyer at Closing, either a special warranty deed, a quitclaim deed, or such other deed ("Deed")
necessary to convey insurable title to the Property, subject to the terms of the Contract and this Counterproposal. If more than one
form of Deed will suffice for conveying insurable title, Seller in its sole discretion may elect the form to use to convey the Property to
Buy" tPJ
Buyer's Initials
2. Consideration of Offers. Buyer acknowledges that Seller may have received offers prior to or may receive offers after receipt of
Buyer's current offer evidenced by the Contract. Buyer acknowledges that Seller may consider all offers to purchase the Property,
reg'.lrdless of the date of receipt, and that Seller may accept or reject any offer in Seller's sole discretion. Seller's agreement to sell the
Property to Buyer is evidenced solely by Seller's signature of this Counterproposal and no prior oral discussions or representations of
ani kind by Seller, or its agents or representatives, shall be binding upon Seller unless set forth in this Counterproposal
~ Special Conditions. Buyer acknowledges that Seller obtained the Property by foreclosure or a deed in lieu of foreclosure. The
Cr,:ltract and this Counterproposal may be subject to the following: (a) approval by a private mortgage insurer; (b) repurchase of the
r ronerty by the prior mortgage servicer or insurer; or (c) the ability of Seller to convey insurable title as required by the Contract and
tL,:; Counterproposal. In the event that any of these conditions apply, Seller in its sole discretion may terminate the Contract and this
~'ounterproposal and promptly refund the Earnest Money to Buyer as Buyer's sole and exclusive remedy. Upon such termination,
~jeller shall have no further obligation to Buyer whatsoever.
Neither Seller nor any of its agents or representatives have occupied the Property and neither warrants or represents that the Property
or any alterations or additions which may have been made to the Property conform to Applicable Law.
Buyer hereby acknowledges that Seller shall not be providing Buyer with a Real Estate Transfer Disclosure Statement and/or a
ce11ificate of occupancy with respect to the Property. Buyer, to the extent permissible under Applicable Law, hereby waives any
req,lirement that Seller furnish Buyer with any such disclosure statement and/or a certificate of occupancy and hereby releases Seller,
and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives from any and all liability
re:.ulting from the non-delivery of such disclosure statement and/or certifi ,at, of occupancy.
Buyer's Initials L:r
MOLD, MILDEW SPORES, AND OTHER MICROSCOPIC ORGANISMS AND ALLERGENS (COLLECTIVELY,
"7'fOLD") ARE ENVIRONMENTAL CONDITIONS THAT ARE COMMON IN RESIDENTIAL PROPERTIES AND MAY
AFFECT THE PROPERTY. MOLD, IN SOME FORMS, HAS BEEN REPORTED TO BE TOXIC AND TO CAUSE
SERIOUS PHYSICAL INJURIES, INCLUDING, BUT NOT LIMITED TO, ALLERGIC AND RESPIRATORY
RF,ACTIONS OR OTHER PROBLEMS, PARTICULARLY IN PERSONS WITH IMMUNE SYSTEM PROBLEMS,
YOUNG CHILDREN, AND ELDERLY PERSONS. MOLD ALSO HAS BEEN REPORTED TO CAUSE EXTENSIVE
DAMAGE TO PERSONAL AND REAL PROPERTY. MOLD MAY HAVE BEEN REMOVED OR COVERED IN THE
COURSE OF CLEANING, REPAIRING, OR REMEDIATING THE PROPERTY. IF SELLER, OR ANY OF ITS AGENTS
Gj{ REPRESENTATIVES, CLEANED OR REPAIRED THE PROPERTY OR REMEDIATED MOLD
CONTAMINATION, SELLER DOES NOT IN ANY WAY WARRANT ANY SUCH CLEANING, REPAIR WORK, OR
REMEDIATION. BUYER WILL TAKE TITLE TO THE PROPERTY "AS-IS," SUBJECT TO THE PROPERTY
CONDITIONS THAT EXIST AS OF THE CLOSING DATE. BUYER IS FULLY RESPONSIBILITY FOR ALL HAZARDS
THAT MAY RESULT FROM THE PRESENCE OF MOLD IN OR AROUND THE PROPERTY. BUYER IS SATISFIED
WITH THE CONDITION OF THE PROPERTY NOTWITHSTANDING THE PAST OR PRESENT EXISTENCE OF
MOLD IN OR AROUND THE PROPERTY, AND BUYER HAS NOT IN ANY WAY, RELIED UPON ANY
REPRESENTATIONS OF SELLER, OR ITS SUCCESSORS, ASSIGNS, AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, OWNERS, AGENTS, AND REPRESENTATIVES CONCERNING THE PAST OR PRESENT EXISTENCE
OF MOLD IN OR AROUND THE PROPERTY. }
.n L Buyer's Initials----i.D.
Buyer's Initials ~ Seller's Initials
P;"~e 2 of 10
C0..nterproposallo Purchase and Sale Agreement 06/30/08
4. Personal Property. Items of personal property located on the Property are not to be considered as part of the Property and are not
included in the Contract or this Counterproposal. Seller makes no representation or warranty as to the condition of, title to, or
f.ncumbrance of any such personal property. Seller shall have no liability for any claim or losses Buyer or Buyer's successors or
as,:igns may incur as a result of any condition or defect that may now or hereafter exist with respect to such personal property. No bill
of sale will be provided at Closing; provided, however, Seller shall provide the minimum documentation necessary to transfer
any mobile or manufactured home located on the Property. ~j
Buyer's Initials
5. Occupied Property. In the event the Property is occupied by one or more tenants, Seller makes no representations regarding: (a)
thl' existence of a written lease agreement; (b) the term of such tenancy; (c) whether rent payments are current; (d) the amount of rent
t/1i1t should be paid; or (e) compliance with rent control, registration, or other Applicable Laws. In addition, Seller does not hold any
security deposits for any tenant and Buyer is solely responsibile to any tenant for the return of any security deposits and any interest
thereon.
6. "AS IS" Condition. Seller conveys and Buyer accepts the Property in "AS IS, WHERE IS" condition at the time of Closing,
including any known or hidden defects. Neither Seller nor any person acting as its agent or representative is making any
~ftrranties or representations, either express or implied, as to the condition of the Property. Buyer hereby releases and agrees
to hold harmless Seller and and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and
representatives from any and all claims or liability with respect to the condition of the Property.
Se! 'er, most specifically,_ makes no warranty or representation as to whether any utility service, including water, sewer, electricity,
'''', ond oth" 'u,h <en';", ("UtiHti"'1, "",,;ug the Property are pub);, o'J""e.
Buyer's Initials ~
7, Buver's Ril!ht to Inspect. Buyer acknowledges Buyer's opportunity to inspect and investigate the Property, either independently
or through agents of Buyer's selection. Any such inspection shall be made at Buyer's own expense and shall be completed within ten
(10) days from the execution of this Counterproposal by Seller. Buyer shall rely solely on Buyer's inspection and review to evaluate
the condition of the Property. Buyer further acknowledges and agrees that Buyer is not relying on any statements or representations
made by Seller or Seller's agents or representatives (including, but not limited to, infonnation disclosed on the MLS) as to the
condition of the Property, including, but not limited to, the condition, structural soundness, and working order of: heating/air
conditioning systems; sewage; roof; foundations; soils; septic systems; plumbing; lot size; suitability of the Property for particular
purposes; appliances; Utilities; and any improvements to the Property. Buyer further acknowledges and agrees that Buyer is not
reljing on any statements or representations made by Seller or Seller's agents or representatives regarding whether the Property is in
compliance with Applicable Law. Buyer acknowledges that Buyer is responsible for obtaining any inspection reports as to: (a) the
clmdition of the Property and any appliances, structural components, heating/air conditioning systems, sewage, roof, foundations,
soils, septic systems, plumbing, and Utilities; (b) suitability for use of the Property; (c) the presence of any toxic or hazardous
suostances on the Property, including, but not limited to, radon, asbestos, lead paint, or Mold; (d) any other factors that would render
tn'" Property uninhabitable or dangerous to the health of the occupants; (e) whether the Property is in compliance with Applicable
Law; and (f) any other factors regarding the Property about which Buyer may be concerned. Buyer's failure to inspect the Property
sl1,111 not alter or impair the understanding and agreement between Seller and Buyer as set forth in the Contract and this
Co:nterproposal. No inspections may be made by any building or zoning inspector or government employee without the prior written
c'.'llsent of Seller.
Buyer's Initials M Seller's Initials -
Page 3 of to
Counterproposal to Purchase and Sale Agreemenl 06/30108
It the Property has been winterized and Buyer wishes to de-winterize the Property for the purposes of Buyer's inspections, Buyer must
notifY the listing agent identified below ("Listing Agent"). Only the Listing Agent may arrange for such de-winterization, which will
be wnducted at Buyer's sole cost. Under no circumstance shall u er de-winterize the Property.
Buyer's Initials
r.uyer shall indemnifY and fully protect, defend, and hold Seller, and its successors, assigns, affiliates, directors, officers, employees,
o\vners, agents, and representatives, harmless from and against any and all claims, liens, loss, damages, and costs and expenses of every
kind and nature (including, but not limited, to attorneys' fees and court costs) that may be sustained by or made against Seller or its
Sl.locessors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives, or any damage to the Property or to
any adjoining property, or any injury to Buyer or any other persons that may result or arise out of inspections made by Buyer or its
agents prior to Closing.
8. Hazardous Substances. Buyer assumes all risk of loss, damage, or injury that may arise as a result of or that in any way may be
connected with the presence in, on, or about the Property of radon gas, asbestos, mold, or any other toxic or hazardous substance, as
defined by Applicable Law and commonly understood (collectively, "Hazardous Substances"). Buyer, on behalf of Buyer and Buyer's
successors and assigns, fully and forever releases, indemnifies, and discharges Seller and its affiliates and their respective successors,
assigns, directors, officers, employees, owners, agents, contractors, and representatives (collectively, "Seller Indemnified Parties"), and
holds Seller Indemnified Parties harmless from and against any and all claims, damages, liabilities, losses, demands, private or
go-"ernmental causes of action, expenses, or costs (including without limitation court costs, attorneys' fees, costs of governmental
i",:estigation, or costs of environmental remediation), Buyer or Buyer's successors and assigns may suffer or incur as a result of the
pil;:sence of Hazardous Substances in, on, or about the Property, whether now or hereafter known. This provision shall survive delivery
of the Deed and the Closing Date.
9. Risk of Loss. Prior to Closing, Seller shall maintain the Property in materially the same condition as of the date of Seller's
execution of this Counterproposal, except for ordinary wear and tear. If prior to Closing the Property is damaged, Seller may make
repairs to restore the Property to the same condition as of the date of Seller's execution of this Counterproposal. If Seller, in its sole
dic;c..retion, elects not to repair the Property, Buyer may: (a) accept the Property in its damaged condition; (b) re-negotiate the Purchase
Price; or (c) terminate the Contract and this Counterproposal, in which case the Earnest Money will be returned to Buyer as Buyer's
sule and exclusive remedy.
uNDER NO CIRCUMSTANCES SHALL ANY INSURANCE PROCEEDS PAID TO SELLER WITH REGARD TO ANY
CAMAG E TO TH E PROPE RTY THAT OCCURS PR lOR TO CLOSING BE ASSIGNE D OR PAY ABL E TO BUY E R.
Upon Closing, Seller shall be relieved of all responsibility and liability for maintaining hazard or flood insurance on the Property. All
~;jch insurance policies shall be terminated by Seller immediately upon Closing, and Buyer will be responsible for obtaining any such
in~.urance as well as any title insurance required by Buyer's lender prior to Closing.
10. Purchase Price (Initial applicable sections; non-applicable sections should be marked "N/A").
G - A. ~: The Purchase Price will be paid in the form of cash Verification of funds required to close shall
be provided to Seller by Buyer upon delivery of a fully executed copy of this Counterproposal. If the Closing does not take place
on the Closing Date due to Buyer's failure to provide cash at the Closing or due to any other related reasons, including, but not
limited to, Buyer's decision to obtain lender financing, both Buyer and Seller agree that the Earnest Money shall be immediately
released to Seller as liquidated damages as provided in paragraph 19 below.
I:J __ N~ B. LENDER FINANCING: Buyer may obtain financing from the lender of Buyer's choice. Within
seventy-two (72) hours of execution of this Counterproposal by Buyer, Buyer will either apply for financing or provide evidence
,"If""'o')' to Sen" that. X p"'.pprovod Buy" fo, fimmelng. Proof oflend,,', uneondltiono! eo_ttnent to lend """t
Buyer's Initials Seller's Initials_
P4ge 4 of 10
(:',un.elJllOpOSal to Purchase and Sale Agreement 06/30/08
be provided to Seller with NA days of execution of this Counterproposal. Except as otherwise provided in this
Counterproposal and to the extent not restricted due to financing insured by a governmental agency, Buyer shalI pay for any and
all costs associated with the loan application process, including, but not limited, to any application fee, appraisal fee, and credit
report fee.
II. Survey and Other Costs. Buyer will be solely responsible for obtaining, at Buyer's expense, a survey acceptable to the title
corr'pany or closing agent and any lender. In the event Seller is required to provide extended survey coverage, as may be normal and
cU'lomary, Seller will not be required to do so if such a required survey has not been so obtained by Buyer.
Buyer shall be responsible for paying all other costs and expenses (including, but limited to, the fees of Buyer's attorney) associated
with the Closing and not specifically required to be paid by Seller by this Counter Proposal.
12. Settlement/Closine. The Closing shall be conducted in the office of the Closing Agent or at a place designated and approved by
Sriler. However, Buyer may choose to purchase title insurance from a different title insurance provider ("Buyer's title insurance
pr0\ ider") at Buyer's sole expense, as provided in pargraph 15 below. Closing shall occur on or before the Closing Date and the
Btly~r shall make every effort to meet this deadline. Should the Closing extend beyond the Closing Date through no fault of
SfOUer, Seller shall be entitled to a $ $0.00 fee for each day the Closing is so extended. Any agreement by Seller to
exfl~nd the Closing Date must be in writing. Notwithstanding the foregoing, if the Closing does not take place on the Closing
Dati: due to any failure of Buyer, Seller retains the right to terminate the Contract and this Counterproposal and pursue the
re-,"edies contained in the Contract and this Counterproposal. The Transaction may not close in escrow without the prior written
cop-sent of Seller.
U. Neeative Sale Proceeds. If unforeseen judgments, liens, assessments, HOA Assessments, or other such encumbrances result in
neg:ltive sales proceeds to Seller, Seller reserves the right to terminate the Contract and this Counterproposal and return the Earnest
Money to Buyer as Buyer's sole and exclusive remedy.
14. .Prorations at Closine. All taxes; condominium, planned unit development, or similar community homeowners' association dues
and assessments ("HOA assessements"); and Utilities charges shall be prorated to the Closing.
Tax prorations shall be based on one hundred percent (100%) of the last available tax bill or upon the local tax assessor's latest
valHdtion of the Property and the current tax rate. Any special assessments that constitute a lien on the Property as of the Closing Date
anI'. are payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be
pa;J by Buyer. In no event shall Seller be responsible for the payment of any unlevied assessment pending as of the actual date of
Closing.
HOA assessments shall be based on the assessment rate in effect as of the actual date of Closing. Any special assessments levied and
payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be paid by
Bv; er. In no event shalI SelIer be responsible for the payment of any unlevied assessment pending as of the actual date of Closing.
SLLLER WILL NOT BE RESPONSIBLE FOR ANY ADJUSTMENT OF SETTLEMENT CHARGES, INCLUDING, BUT
NOT LIMITED TO, TAXES OR HOA ASSESSMENTS AFTER CLOSING.
IS. Lender-Reauired Repairs. Should any lender, insuring entity, or governmental agency require that certain repairs be made to
th.: Property or that certain other conditions be met, Seller, in its sole discretion, may comply with such requirements or terminate the
Contract and this Counterproposal. Further, should any FHA Conditional Commitment or V A Certificate of Reasonable Value vary
f,om the Purchase Price, Seller, in its sole discretion, may terminate the Contract and this Counterproposal. If Seller elects not to
terminate the Contract and this Counterproposal pursuant to this paragraph, Seller's responsibility for any repairs required by Buyer
as a result of inspection by Buyer, by a lender,or as a condition set forth in an FHA Conditional Commitment or V A Certificate of
Rl:asonable Value shall not exceed $ NA , inclusive of termite repairs (""Repair Limit Amount"). and Buyer shall be solely
Buyer's Initials M Seller's Initials -
P?ge 5 of 10
Counterproposal to Purchase and Sale Agreement 06/30/08
r<;.sponsible for any amounts exceeding the Repair Limit Amount without any reduction in the Purchase Price. If Seller elects to
t.:nninate the Contract and this Counterproposal, Seller will return the Earnest Money to Buyer as Buyer's sole and exclusive remedy
. Buy"-' In't'.l, ~
16. Condition and Convevance of Title, Seller shall deliver insurable title and pay for Buyer's owner's policy of title insurance
from the title insurance provider chosen by Seller and indicated below. However, Buyer may choose to purchase title insurance
from Buyer's title insurance provider, indicated below, at Buyer's sole expense. In the event Buyer chooses to obtain an owner's
policy and/or title exam from the title insurance provider of Buyer's choice, Buyer shall order the same within three (3) days of Seller's
execution of this Counterproposal; if Buyer fails to do so, all objections to title shall be deemed waived Seller shall not be
re~ponsible for any "gap" title insurance coverage and will not in any event provide an affidavit of title or other similar documents in
which Seller is requested to make representations or warranties with respect to title to the Property.
If Seller is unable to provide insurable title, convey the Property, or to deliver possession of the Property as provided in the Contract
and this Counterproposal, or if at the time of the delivery of the Deed does not confonn with the provisions of the Contract and this
Counterproposal, Seller shall bear any nominal expense and use reasonable efforts to remove any defects in title or to conveyor deliver
thr. Property as so provided, but is under no obligation to use extraordinary measures or to bring any actions or proceedings in order to
00 so. If Seller is unable to so remove any defects in title or to conveyor deliver the Property as so provided within ten (10) days after
Closing, (a) the Contract and this Counterproposal shall terminate and Seller will return the Earnest Money to Buyer as Buyer's sole
and exclusive remedy, or (b) Buyer may, by written notice on or before the Closing, waive any objections to Seller's inability to so
r<::move any defects in title or to conveyor deliver the Property as so provided. For purposes of this paragraph Seller shall be
dh~med to be able to convey insurable title to Buyer if a reputable title insurance company will underwrite a title insurance
policy insuring that title to the prV will vest in Buyer as of the Closing.
_. Seller Buyer to provide title insurance
S",lIer's title insurance provider:
Phone: Fax
Buyer's title insurance provider:
Phone: Fax
Buyer's Initials ~J
17 Occupancv of the Property. Under no circumstances will Buyer be allowed to occupy the Property prior to Closing. In the
evt'nt Buyer violates this prohibition, Seller will avail itself of all legal remedies. In the event Buyer alters or occupies, or pennits any
other person to alter or occupy, the Property prior to Closing, Buyer shall be in material default under the Contract and this
Counterproposal, in which case Buyer shall forfeit the Earnest Money and any rights to the Property, however altered. Any access to
tl:.;: Property prior to Closing is prohibited unless accompanied by Seller or Seller's agent or unless otherwise agreed to in writing by
S~lIer.
IP, ~
A. Seller's Right to Contest Taxes. Seller shall have the unrestricted right to contest the amount of or obligation to pay any
ad valorem real or personal property taxes, real or personal property assessments, or HOA Assessements (collectively,
"Contested Taxes"), for any period for which any Contested Taxes are assessed or levied (a "Tax Period") that includes or
precedes the actual date of the Closing (the "Closing Tax Period"). Seller may contest the Contested Taxes by any judicial,
administrative, or other process that Seller chooses in its sole discretion. If requested by Seller, Buyer shall join in any
proceeding to contest the Contested Taxes to the extent necessary to pennit Seller to exercise its rights under the Contract
and this Counterproposal. Seller shall have no duty to contest the Contested Taxes and may dismiss, settle, or otherwise
resolve any matter relating to Contested Taxes in whatever manner or under any tenns Seller elects in it sole discretion.
Buyer's Initials ~ Seller's Initials -
r,f 10
COUJl"''l'roposal to Purchase and Sale Agreement 06/30/08
B. Entitlement to Refund. Any refund of Contested Taxes for the Closing Tax Period or any prior Tax Period shall be paid
to Seller, and Buyer hereby irrevocably assigns to Seller any right, title or interest it may have in any refund of Contested
Taxes for all such Tax Periods. If requested by Seller, Buyer shall execute whatever endorsements or other documents that
may be necessary to accomplish the refund of such Contested Taxes to Seller. Provided, however, notwithstanding anything
in the Contract or this Counterprosal to the contrary, Seller shall not be entitled to any refund of Contested Taxes that is
attributable solely to any change in land usage or ownership ofthe Property occurring on or after Closing, all of which shall
be paid by Buyer.
19. Default. In the event Buyer defaults in the performance of the Contract or this Counterproposal, the Earnest Money shall
be paid to Seller as liquidated damages for, among other things, the additional cost of carrying the Property and lost
raarketing time, both of which Buyer and Seller acknowledge and agree are difficult to calculate. Said liquidated damages shall
n0t be construed or deemed to constitute a penalty and the right given to Seller to retain the Earnest Money shall not constitute Seller's
sole and exclusive remedy. In the event item A in paragraph 10 above is initialed, Seller is materially relying upon the representation
in said paragraph lOA above to the effect that Buyer will be purchasing the Property as an all-cash transaction without third party
financing. Buyer subsequent election to purchase the Property with third-party financing rather than on an all-cash basis as indicated
above shall constitute a material default under this paragraph
IN THE EVENT SELLER DEFAULTS IN THE PERFORMANCE OF THE CONTRACT AND THIS
COUNTERPROPOSAL, BUYER SHALL BE ENTITLED TO A RETURN OF THE EARNEST MONEY AS BUYER'S
SelLE AND EXCLUSIVE REMEDY. 1PJ
Buyer's Initials
2P Installation of New Locks and Transfer of Utilities. Buyer shall be responsible for the installation of new locks and the transfer
vI' all Utilities on the Property immediately after the Closing, and Buyer shall hold harmless and indemnity Seller and its successors,
a',~igns, affiliates, directors, officers, employees, owners, agents, and representatives from and against any and all damages, claims,
lif,~ls, losses liabilities, costs, injuries, attorney fees and expenses of every kind and nature that may be made against Seller and its
successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives as a result of Buyer's failure to install
n;:w locks or transfer all Utilities on the Property. Buyer will have all Utilities and homeowners' services, as well as any HOA
Ac;<;essements, transferred into Buyer's name no later than the first (1st) business day following Closing. Buyer also will be responsible
f,jf payment of any Utilities charges or HOA Assessments incurred after Closing and for ensuring that any Utilities or homeowners'
~o::rvice, including HOA Assessements, in the name of Seller or the Listing Broker indicated below is transferred entirely into Buyer's
n:>me.
Witness
SEE SUBSTITUTE EXECUTION PAGE
Buyer Date Selling Broker Date
Acknowledge:
Buyer Date Listing Broker Date
21. Assie:nabilitv. Buyer may not assign or transfer the Contract or this Counterproposal without Seller's written approval. Seller may
assign or transfer the Contract and this Counterproposal without Buyer's approval
-: ~erformal!~!:. The acceptance of the Deed by Buyer shall be deemed to be a full performance by Seller under the Contract
l>~,d this Counterproposal. tPf
~r's Initials
Buyer's Initials Seller's Initials -
Page 7 of 10
'ou"terproposal tu Purchase and Sale Agreement 06/30/08
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2132 43RD Lane SW, Naples, FL 34116
Folio Number: 35752760003
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED:~
ATTEST~,. ",.~~.~O"~;'" BOARD OF CO NTY COMMISSIONERS
DWI~~T' ~,:~.~gG~tter~",~., COLLIER C . FLOR~ ~
".~~.;w ~~j(. ,1"",:':::; , '0 '~....:;;;"_/'" IV ~~
-f." J\ '" '..-( l.
~~~ ',^". " t
~\ .... ", ~".," " p . Clerk/ la, Chairman
1Ct&.c . . te '. ""..
11..:'::;..,.. S B '~v,~,.;J ."
Approved as to form and
legal sufficiency:
~-1\ \~\~-tc
Jennifer B. White
Assistant County Attorney
23. Real Estate Broker Commissions. The total commission payable by Seller pursuant to the Transaction shall be 7---% of the
gross Purchase Price. The closing agent is authorized and directed to pay said commission from the sale proceeds at Closing as per the
Wms of the Commission Breakdown Fonn to be provided by Seller. No real estate broker commissions shall be paid unless the
Closing occurs and title to the Property passes to Buyer.
2(~. Additional Provisions. Buyer and Seller approve and accept this Counterproposal and acknowledge and agree that this
COlmterproposal is a legally binding agreement and is made part of the Contract in like manner as if it were directly set forth therein.
AIi other tenns and conditions of the proposed Contract shall remain the same. The terms of the Contract and this Counterproposal
sh;tll survive the Closing.
15. Attachments. Any attachement or addendum to this Counterproposal hereby is incorporated into this Counterproposal for all
pl'rposes by this reference. Attachment: Lead Based Paint Disclosure Addendum.
h. This counterproposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party to this document received notice of such acceptance on or before 09/02/09
SEE SUBSTITUTE EXECUTION PAGE
BIJYER SELLER
Date: Date:
BUYER
Date:
Buyer's Initials ~ Seller's Initials -
p:.ge 8 of 10
Cocl.lterproposal to Purchase and Sale Agreement 06130108
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2132 43RD Lane SW, Naples, FL 34116
Folio Number 35752760003
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED:~
ATTEST:.l)O~~D"~""" BOARD OF CO TY COMMISSIONERS
DW!q,~-'E:'BRO~;"<;;lerk COLLIER CO ~R'd
r-.) ! -.,-.,. .~ .'. (..:;~ :.. -
-=b' 1,.1~, \ "~'j, .+-. " ~Al "
. tr''') . :'"'. ""~ '; . BY:
~ ....,
<;>, . e Donna Fi a, Chairman
. ;,.1\ .
~ " .'
Mt~:U:',U' .....
It ", ,;........ \~~,..
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Approved as to form and
legal sufficiency:
':\:\\0\~
Jenn~r B. White
Assistant County Attorney
LEAD -BASED PAINT DISCLOSURE
ADDENDUM
Lead Warninl! Statement
"Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 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 presents a risk to pregnant women. The seller of any
int~rest in residential real property is required to provide Buyer with any information on lead-based paint hazards from risk
a;,sessments or inspections in the seller's possession and notii)' the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to purchase."
Seller's Disclosure to Buver
S.-.tler acknowledges that Seller has been informed of Seller's obligation. Seller is aware that Federal laws require Seller to permit
BI,yer a ten (10) calendar day period to conduct risk assessment or inspection for the presence of lead-based paint hazards before
bec,lming obligated under a contract to purchase target housing (unless mutually agreed otherwise in writing). That opportunity will be
rrovided within the ten (J 0) calendar day period immediately following Seller's final execution of the Contract and this
Cranterproposal. Seller is aware that Seller must retain a copy of this disclosure for not less than three years from the Closing.
A. Presence oflead-based paint and/or lead-based paint hazards (check one box below):
-
B Seller has no knowledge of any lead-based paint and/or lead-based paint hazards present in the Property.
Seller has knowledge oflead-based paint and/or lead-based paint hazards present in the Property (explain)
N/A
B. Records and reports available to Seller (check one box below):
B Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the Property.
Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based
paint hazards in the Property (list documents below):
N/A
Buver's Acknowledl!ment
-. C. Buyer has read the Lead Warning Statement above and understands its contents.
-. D. Buyer has received copies of all information, including any records and reports listed by Seller above.
-. E. Buyer has received the pamphlet "Protect Your Family From Lead in Your Home."
-. F, Buyer acknowledges federal law requires that before a buyer is obligated under any contract to buy and sell real
estate, Seller shall permit Buyer a ten (J 0) calendar day period (unless the parties mutually agree, in writing, upon a
different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-
based paint hazards.
-. G, Buyer, after having reviewed the contents of this Addendum, and any records and reports listed by Seller, has elected
to (check one box below):
o Obtain a risk assessment or an inspection of the Property for the presence oflead-based paint and/or lead-based
~nt hazards, within the time limit and under the terms of the Contract and this Counterproposal, or
X Waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or
lead-based paint h zards.
Buyer's Initials Seller's Initials -
') of 10
CO" ',erpropo,,] to Purchase and Sale Ab'fetmcnt 06130108
Real Estate Licensee's Acknowledement
Et'.. h real estate licensee signing below acknowledges receipt of the above Seller's Disclosure to Buyer, has infonned Seller of Seller's
Obligations, and is aware of licensee's responsibility to ensure compliance.
Certification of Accuracv
J certify that the statement I have made are accurate to the best of my knowledge.
SI~LLER Date
BUYER SEE SUBSTITUTE EXECUTION PAGE Date
Seller's (Listing) Agent Date Buyer's (Selling) Agent Date
Buyer's Initials ~ Seller's Initials -
Fage 10 of 10
('e,unterproposaJ to Purchase and Sale Agreement 06130/08
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2132 43RD Lane SW, Naples. FL 34116
Folio Number: 35752760003
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DA TED: q ~UXf1
A TT~ ioft.~~'~;~<\ BOARD OF CO TY COMMISSIONERS
OWl' - Ti~ B~C~~lerk COLLIER CO , FLORid
:t)' i...." ';:;>~ ". ~~ '. ~~
. <f, ,,~ ,\ .'_
:Q ;1 ~. 'Il . : BY:
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
~--n'D kJ:c
Jenni er B.-White
Assistant County Attorney
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2132 43RD Lane SW, Naples, FL 34116
f=olio Number: 35752760003
ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE
AND COUNTER PROPOSAL TO PURCHASE AND SALE AGREEMENT BETWEEN THE
UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT 2132 43RD LN SW,
NAPLES, FL 34116
THIS ADDENDUM is entered into by and between DEUTSCHE BANK NATIONAL TRUST COMPANY
as Trustee under Novastar Mortgage Funding Trust, Series 2006-5, Seller, and COLLIER COUNTY, a Political
, ,Subdivision of the State of Florida, Buyer. Buyer and Seller have entered into that certain "As Is' Contract for
, Sale and Purchase, and Counter Proposal to Purchase and Sale Agreement between the undersigned parties
concerning the property at 2132 43rd Lane SW, Naples, FL 34116 (hereinafter referred to as "Property") attached
thereto, all dated of even date herewith, and Buyer and Seller wish to amend the foregoing with the following
additional terms and conditions:
1. The "As Is' Contract for Sale and Purchase, the Counter Proposal to Purchase and Sale Agreement
?nd this Addendum to the ':A.s Is' Contract for Sale and Purchase and the Counter Proposal to Purchase and Sale
Agreement shall, collectively, constitute the "Agreemenf between the parties, which Agreement between the
undersigned parties concerning the property at 2132 43rd Lane SW, Naples, FL 34116, shall only be effective
upon the execution of all three referenced documents by both parties.
2. The first Paragraph of the Counter Proposal to Purchase and Sale Agreement is revised to reflect
t~at the Agreement is dated of even date herewith between Deutsche Bank National Trust Company, as
Trustee under Novastar Mortgage Funding Trust, Series 2006-5 ('Seller') and Collier County, a Political
Subdivision of the State of Florida ('Buyer'), and any requirements for initials are waived.
3. The purchase price shall be $80,750.00 as stated on the attached "As Is' Contract, and on the
Counter Proposal to Purchase and Sale Agreement.
4. The earnest money deposit shall be $5,000.00 as stated on the attached ':A.s Is' Contract and on
Counter Proposal to Purchase and Sale Agreement, and the Agreement is revised to reflect that the Earnest
Money Deposit will be made within ten (10) days following Buyer's receipt of the fully executed Agreement
package by wire transfer.
5. The bolded provision in the PRICE section on Page 1 of the Counter Proposal to Purchase and Sale
Agreement that reads: "NOTWITHSTANDING CUSTOMARY PRACTICES OR ANY PROVISION OF THE
CONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL OR
REQUIRED BY APLLlCABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE' is deleted in its
entirety, and any requirements for initials are waived.
6. The closing date on Page 1 of the Counter Proposal to Purchase and Sale Agreement shall be
October 22, 2009 as accepted by both parties and as stated on the attached liAs IS' Contract, and any
requirements for initials are waived,
7. The SELLER CONCESSIONS section on Page 1 of the Counter Proposal to Purchase and Sale
Agreement is deleted in its entirety, and any requirements for initials are waived.
8. Any requirements for initials at the bottom of Page 1 through and including Page 10 of the Counter
Proposal to Purchase and Sale Agreement are waived in their entirety.
9. Paragraph 1 of Counter Proposal to Purchase and Sale Agreement is revised to reflect that a Special
Vllarranty Deed shall be the only acceptable method of transfer and conveyance, and any requirement for initials
are waived.
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2132 43RD Lane SW, Naples, FL 34116
Folio Number: 35752760003
10. Paragraph 3 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
11. Paragraph 4 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
r .3quirements for initials are waived.
12. Paragraph 5 of the Counter Proposal to Purchase and Sale Agreement is revised to include that
Seller warrants that the property is vacant.
13. Paragraph 6 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
14. Paragraph 7 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
rp-quirements for initials are waived.
15. Paragraph 10 (A) of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
this is a Cash purchase, and any requirements for initials are waived.
16. Paragraph 10 (B) of the Counter Proposal to Purchase and Sale Agreement is not applicable, and
any requirements for initials are waived.
17. Paragraph 11 of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
Seller shall be responsible for payment of Documentary Stamp Taxes pursuant to Section 201.10, Florida
Statutes, together with costs for recording any documents necessary to establish clear title to the property.
18. Paragraph 12 of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
$0.00 per diem fee shall be payable for each day the Closing is so extended, and any requirements for initials
2re waived.
19. Paragraph 15 of the Counter Proposal to Purchase and Sale Agreement is not applicable and is
deleted in its entirety, and any requirements for initials are waived.
20. The provisions of Paragraph 16 of the Counter Proposal to Purchase and Sale Agreement requiring
that Seller's and Buyer's title insurance provider's information be provided is deleted, and any requirements for
i,1itials are waived.
21. Paragraph 18 of the Counter Proposal to Purchase and Sale Agreement is deleted in its entirety,
'7~i1d any requirements for initials are waived.
22. Paragraph 19 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
rf.quirements for initials are waived.
23. Paragraph 20 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for Buyer's signature, witnesses, acknowledgement by Brokers, and initials are waived.
24. Paragraph 21 of the Counter Proposal to Purchase and Sale Agreement is revised to include that
Seller may not assign or transfer the Contract without Buyer's approval.
25. Paragraph 22 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
26. Paragraph 26 of the Counter Proposal to Purchase and Sale Agreement is deleted in its entirety,
:J..ld any requirements for initials are waived.
NEIGHBORHOOD STABILIZATION PROGRAM
IJroperty Address: 2132 43RD Lane SW, Naples, FL 34116
Folio Number: 35752760003
27. The notation "See Substitute Execution Page" at the bottom of Page 8 of the Counter Proposal to
Purchase and Sale Agreement is acceptable, and any requirements for initials are waived.
28. Buyer's acknowledgement in the Lead-Based Paint Disclosure Addendum is revised to reflect that
Buyer waives the Lead-Based Paint inspection period, and all requirements for initials are waived.
29. The notation "See Substitute Execution Page" on Page 10 at the end of the Lead-Based Paint
Disclosure Addendum of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials or signatures by Seller's or Buyer's agents are waived.
EXCEPT as expressly provided herein, the Agreement between the Purchaser and the Seller remains in full
f(xce and effect according to the terms and conditions contained therein, and said terms and conditions are
applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this Addendum.
Date property acquisition approved by BCC:
March 24, 2009, Item 10F
DATED:~. ....'". PURCHASER:
,'. '/l" ". : .'
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DWIGHT E~R~.~"G~,~ .... ~ \
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~". '
.'
Approved as to form and legal sufficiency:
~'~ '\~ \~~
Jennifer B. White, Assistant County Attorney
I)ATED: SELLER:
Deutsche Bank National Trust, as Trustee under
Novastar Mortgage Funding Trust, Series 2006-5
c/o Saxon Mortgage Services, Inc.
BY:
PRINT NAME:
TITLE: