As Is Contract for Sale and Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR 'W&',"
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l' PARTIES: AURORA LOAN SERVICES, LLC ("Seller"),
2* and COLLIER COUNTY, a politicaL_~!:Jbdivisio~~Jhe State of Florida ("Buyer"),
hereby agree that Seller shall sell and Buyer shall buy the tal/owing described Real Property and Persona' Property (collectively "Property")
pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
I. DESCRIPTION:
(a) Legal description of the Rp.rJl Property located in COLLlER____ County, Florida: NORTH 75 FEET OF
NORTH 150 FEET OF TRACT 68 GOLDEN GATE ESTATES UNIT 49 PLAT BK 5, PGS 80-81
(b) Street address, city, zip, of the Property: 21112TH ST NE NAPLES, FL 34120
(c) Personal Property includes existing rangers), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless
specifically excluded below. .
Other items included are: Not applicable
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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 by N/A ("Escrow Agent") in the amount of (checks subiect to clearance)
1 SO Escrow Agent's address: N/A Phone: N/A
19* (b) Additional escrow deposit to be made to Escrow Agent within ----Dl.EL days after Effective Date in the amount of. . .
20. (c) Financing in the amount of ("Loan Amount") see Paragraph IV befow . . . . . . . . . . . . . . . . .. .......
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 '". TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or
26* before 10 days from counteroffer , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other-
27 wise stated, the time for acceptance of any counteroffers shall be 2 days from the date the counteroffer is delivered.
28 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the
29 final counteroffer. If such date is not otherwise set forth in this Contraci, then the "Effective Date" shall be the date determined above for
30 acceptance of this offe'r or if applicable the final counteroffer. 'DEPOSIT DUE WITHIN FIFTEEN (15) DAYS OF EFFECTIVE
31 V. FINANCING- " DATE. COUNTEROFFERS INCLUDE ANY ADDENDA SUBMITTED
I . - AFTER EITHER PARTY SIGNS.
32* ~ (a) This is a cash transaction with no contingencies for financing;
33* 0 (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase
34* the Property ("Loan Approval'') within _ days (if blank, then 30 days) after Effective Date ("Loan Approval Date'') for (CHECK ONLY
35- ONE): 0 a fixed; 0 an adjustable; or 0 a fixed or adjustable rate loan, in the Loan Amount (See Paragraph II.(c)) at an initial interest rate not to
36* exceed %, and for a ferm of _ years. Buyer wiU make application within _ days (if blank, then 5 days) after Effective Date.
37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval
38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of other property shall
39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and
40 lender(s) to disclose information regarding the conditions, status, and progress of loan application and Loan Approval to Seller, Seller's attorney,
41 real estate licensee(s), and Closing Agent.
42 SELLER: )f Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 delivering written notice ("SeJler'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 Financing contingency, or the Contract'shaH 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 deposit(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 fallure to close is due to: (i) SeNer's failure or refusal to close or Seller otherwise fails to meet the 1erms of the Contract, or OQ Buyers lender
49 faUs to receive and approve an appraisal of the Property in an amount sufficient to meet the tenns of the Loan Approval, then the deposit(s) shaH 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 fisted as
54 exceptions attached thereto ("Title Commnment') and, after Closing, an owner's policy of title insurance (see Standard A for terms) shan be oblained by:
55* (CHECK ONLY ONE): IJD (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56* (2) Buyer at Buyer's expense.
S?* (CHECK HERE): .:J If an abstract of title is to be furnished insteild at title insurance. and attach rider for terms.
58* VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on DECEMBER 4. 2009 _ ("Closing"), unless
39 modified by other provisions of this Conlract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing l!\IiII be
)0 extended a reasonable time until: (i) restoration of utilities and otheJ seNices essential to 'Closing, and aiJ availability of Hazard, Wind, Flood, or Homeowners'
i 1 * insurance. If such conditions continue more thiln ~_ days (if blank, then 14 days) beyond Closing Date. then either party may cancel this Contract.
.. ............. ...................,....,.".
$
$72,200.00
$
N/A
$
$
$
N/A
$
$72,200.00
FAR/BAR ASIS-2 Rev. g/C? 19 2007 FloricJa A;?:~ialion..9LB,!,lIOHS" :m:! The FI()(irjaBaL___iIJLBjohl< n""W'-"'>d,..," q,,~ 'd C._
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shiJl! convey marketal)le title subject to: comprehensive i,lrld use plans. zoning
63 restrictions, prohibitions 3nd other rcqu'remcnts impo;ierj by governmentol authority; restrictions and motters JppCorr,lg on the plat or otherwisE
64 common to the subcJivision; outstanding oil, CJas and mineraf rights of record wilhout rigllt of cntrj; unplJtted public utility easements of recorc
65 (Iocaled contiguous to real property lines and not more than 10 feet In 'Niejlh as 10 tile rear or front lines and 7 1/2 Ie,,! in widrh as 10 the side
66 lines); taxes for year of Closing and subsequent years; and assumed rnOltgages and pLJrch3se money mOr!gages, if any (if additional Items, see
67' addendum); provided, that there exists at ClOSing no violation of the fore9oing and none prevent LJse 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 in!ended
70 to be rented or occupied beyond Closing. the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuanf to "AS IS" Standard
71 F. If occupancy is 10 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. TYPEWRIITEN OR HANDWRIITEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract in conflict with them.
75* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; '.J may
76* assign but not be released from liability under this Ccntract; or ~ may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment lien(s) imposed by a public body ("public body" does not include a
79 Condominium or Homeowners' Association). Such 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 professiona'.
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, FS.
89 (e) If the Real Property includes pre-I 978 residential housing, then a lead-based paint rider is mandatory.
90 m If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TION/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON TI--/E SELLER'S CURRENT PROPERTY TAXES AS TI--/E AMOUNT
94 OF PROPERTY TAXES ll--lAT THE BUYER Iv1A.Y BE OBUGATED TO PAY IN TI--/E YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF TI--/E PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT TI--/E CCYJNTY PROPERTY APPRAISER'S OFRCE FOR INFORlv1A.llON.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY: 0 Seller 0 Buyer I!'SI N/A will pay for a home warranty plan issued by
99* at a cost not to exceed $ u.UU
100* XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ---1..(L" days from Effective Date ("Inspection Period") within
1 0 1 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the
1 02 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage
1 03 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract;
104 and (c) if Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may cancel this Contract
1 05 by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely
1 06 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. fA LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113* 0 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 AFFIDA VIT, PUBLIC DISCLOSURE
115* AFFIDAVIT, SPECIAL WARRANTY DEED AND SUBSTITUTE W-9. SELLER WILL DELIVER THE COMPLETED AND
116* SIGNED W-9 TO BUYER SlMUL T ANEOUSL 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"
STANOARDS 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.
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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 ,"lev 9/07 @ 2007 Florida Association of RfALlOPS' an.j The Florida Bar 1'.1/ Rights Reserved Page 2 of 5
1213 THIS IS INTENDED TO BE A lEGALLY BINDING CONTRACT IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN AHORf\JEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN /\PPROV[O flY THE Fl.Ol~IDA /\SSOCIATION OF R[ALTORS' AND THE FLORIDA BAR.
131 Approval does not constdute an opinioil that JilY of the terms ;]nd 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(') FOLl.OWING A LINE NUMBER IN THE MARGIN INDICATES THE LI~~E CONT/J.lNS A BLANK TO BE COMPLETED.
135' "SEE SIGNATURE BLOCK BELOW
136 (BU ---1Dl\Iq
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, jf any
BARTLEY REAL TV
listing Broker
Date Property acquisition approved by BCC:
March 24,20(., ftim 10F
DA TE~:(.). At, ~, ~ot'f
,~' ..' - (-
BUYER:
,
ANEst:' ~ ,
O;WI~Hi';l=.' ~R~~K:.Clerk
Ui!J.~'~~OC
' .' ,.. u lerk
AtteSt,.. ~.
,1 Qn.t.... 0.- I .
BOARD OF~UNTY COMMISSIONERS
COLLIER cjr. NTY, FLORIDA; ,
^ 'J'
BY: . tf-"",,,) l-...(.... ",
Donna iala, Chairman
Approved as to form and
legal sufficiency:
\l~uG..
(' ~(;ounty Attorney
PROPERTY ADDRESS:
211 12TH ST NE NAPLES, FL 34120
FfiB/8M ASIS-/ RRV ~/n7 (Q (0Q1_.~. FloridA ASS()\.lq1jQn IIf Rf--AI 1()f;j:J~,~l]:~n r-lnrirl;:jR.~C --LillBiah.!s._Bpr.:pn}~rl ~~no 1 r.f 5 ""___._.___
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Tdle Cornmllmeill sllall be Is:;ucd by ZI Floricilllccnsed tdle Insurer agreeing 10 Issue Buyer. upon recording of the deed 10 Buyer,
an owner's policy of !lIie Insurance ,n Ihe a.-'nollnt or the pllrchi1se price. Insuring Buyer's markelable flUe to :he Rea' Property, subject only to mailers contained
in Paragraph VII and those 10 be discharged by Seiler "t or bE:lore Closing. 1v1i1rketable tItle shalt be cle1ermin,;d accor,dlng to applicable Title Standards adopt.
ed by authonty 0' The Florida Bar and In accordance with law. Buyer shall have 5 days from dale of recel'/Ing fhe Title Commilmenl 10 examine ii, and if title IS
found defective. notify Seller In writing specl~'lng defect(s) which render title unmilrketable. Seller shall hZlve 30 days from receipt of nolice to remove the
defects, failing which Buyer shall, within 5 days alter explrat,on of the 30 day perIod, deliver \wilten notice to Seller either (1) extending the lime for a renson.
able penod nol to exceed 120 days Within which Seller shall use diligent eftort 10 remove the detects; or (2) requesting a refund of depos/t(s) paid which shall
be returned to Buyer. ff Buyer falls fo so notify Seller, Buyer shall be deemed to have accepted Ihe title as it then IS. Seller shall, If title is found unmarketable,
use diligent effort to correct defecl(s) Within the time provided. If, after diligent effort, Seller IS unable to timely correct the defects, Buyer shall either waive Ihe
defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to proVide the Title
Commitment and It is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
to examine same in accordance with this "AS IS" Standard.
8. PURCHASE MONEY MORTGAGE,
SECURITY AGREEMENT TO SELLER:
Lines 159-168 DELETED
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi-
fied by a registered Florida surveyor. If the survey discloses encroachments on the Reaf Property or that improvements focated thereon encroach on setback
lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
D. WOOD DESTROYING ORGANISMS: DELETED
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
in Paraqraph VII hereof and title to the Real Prooertv is insl w;!hle in accordance with "AS IS" St;mrlRrrl A without exception for lack of legal right of access.
F. LEASES: Lines 175-179 DELETED
G, LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme-
diately preceding date of Cfosing. If the Real Property has been improved or repaired within that time, Seller shaU deliver releases or waivers of construction
liens executed by all general contractors, subcontractors, suppfiers and materialmen in addition to SeUer's lien affidaVit setting forth the names of aU such gen-
eral contractors, subcontractors, suppliers and materialmen, further affirming that aU charges for improvements or repairs which could serve as a basis for a
construction fien or a claim for damages have been paid or will be paid at the Closing of this Con1racl.
H. PLACE OF CLOSING: Closing shall be held at the offICe of the attorney or other ctosing agent ("Cfosing
Agenll designated by the party paying for title insurance,
L TIME: Calendar days shaU be used in computing time periods except periods of less than six (6) days, in which event Saturdays, Sundays and slate or nation-
allegal hofidays shaN be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal hofiday 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 fetters 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 foan (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 statemen1s shall be paid by Buyer.
Unless otherwise provided by Jawor rider to this Contract, charges for related cfosing services, title search, and closing fees (including preparation of closing
statement), shaj 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 shaU be prorated through the day before Closin9.
Buyer shaU have the option ot taking over existing policies of insurance, it assumable, in which event premiums shaU 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 SeUer. Taxes shall be prorated based on the current
year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mill-
age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess-
ment is not available, then taxes will be prorated on prior year's tax. ff 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 shalf be prorated based upon prior year's millage and at an equitable assess-
ment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into
account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill.
M. (RESERVED - purposely left blank)
N. INSPECTION AND REPAIR: DELETED
O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty ("Casualty Loss") before Closing and cost of res1oration (which
shalf 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
Cfosing shalf proceed pursuant to the lerms of this Contract, and it restoration is not completed as of Closing, restoration costs will be escrowed at Closing. If
the cost of resloration exceeds 1.5% of the Purchase Price, Buyer shall either lake the Property as is, together with the 1.5% or receive a refund of deposit(s)
thereby releasing Buyer and Seller from atl further obligations under this Contract. Seller's sole obligation with respect to tree damage by casually or other natu-
ral occurrence shalf be the cost of pruning or removal.
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the litle agent insures adverse mailers 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 sel forth above the following
FAR/BAR ASIS-2 Rev. 9/07 (Q 2007 Florrda ASSOCiation of RlALfOKS" and The Florida Bar All Rights I~esorved Page 4 of 5
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closing proceOures Sh811 apply. (i) ill1 r;loslnrj proceeds shall be helrJ In ,~:'-,CIOW IY/ih,-; Cio,;in~J /19001' for J pe'l.'xJ of not more than 5 (jays "tter Closing; (2)
If Seiler's title is rendered unG1arkctiJi'Jle. IhrOU9h no (,JU'I of i2uyor, BU'lCr shall. '//lthln IIle 5 dJy period. rloldy Sellsr In willing of the dofecl and SeHer shall
clave 30 days from cJate of receipt 01 such notiflcallon to cum tI;c derset; (3) If Soller lollls 10 Ilrnely cure tile dc'ect, all depOSits :m,j closing funds shall, upon
written demand by Buyer and within 5 C3yS after demand, be returned to Buyer and, simullanoously 'NIIh such repaymcnt, Buyer Shilll return the Personill
Property, vacate the Reill Property and reconvey the Proper:y to Seller by special warranty (jeed and bill ot sale: and (4) If .'3uyer fails to make timely demand
for refund, Buyer shall take IIlle as IS, waiving all rights agalnsl Seller as 10 any Intervening defect excr'pl as rTlay be aWlllable to Buyer by virtue of war-
ranties contained in the deed or bill of sale.
Q. ESCROW: Any ClOSing Agent or esc'row agent (collectively "Agent") receiving funds or equivalent is authorized and agrees by acceptance of them 10 deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance With terms and conditions of Ihis Contract. Failure of funds to
clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, con-
tinue to hold the subject matter of the escrow until the parties hereto agree to ItS disbursement or unlll a Judgment of a court of competent jurisdiction shall
determine the rights of the parties, or Agent may d8posit same wilh Ihe clerk of the cirCUit court hilving juriSdiction of the dispute. An attorney who represents
a party and also acts as Agent may represent such party In such action. Upon notifying all parties concerned of such action, all liability on the part of Agent
shall furly terminate, except to the extent of accounting for any Hems preViously delivered out of escrow. If a licensed real estate broker, Agent will comply with
provisionS of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in
any suit wherein Agent interpleads the subject matter of the escrow, Agent shari recover rcasonable attorney's lees and costs incurred with these amounts 10
be paid from and out of the escrowed funds or equivalent 8nd charged and awarded as court costs In favor of the prevailing parly. 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 interpretalton, arising out of this Contract, the prevailing party in such liti-
gation, which, for purposes of this "AS IS" Standard, shalllncJude 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.
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
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 jf given by or to that party.
All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic (including "pdf") copy of this
Contract and any signatures hereon shall be considered for all purposes as an original.
U. CONVEYANCE: Seller shall convey marketable titte 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 Properly 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 unfess 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) Seifer 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) Seifer 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 fimited to fawn, shrubbery, and poof in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon
reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that
all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller will assign all
assiqnable repair and treatment contracts and warranties to Buyer at Closing.
Y. 1031 EXCHANGE Lines 267-270 DELETED
contingen1 upon, nor extended or delayed by, such Exchange.
Z. BUYER WAfVER OF CLAIMS: Buyer waives any claims against Seller and, fo 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.
F/\R/BAR ASIS.2 Rev. 9107 (f;) 2007
Florrdil P,ssoclallon of RIJ,UOI<S" arid P,c Flclflda Gar tdJ r~lghts Iko;erved
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COUNTER OFFER/ADDENDUM Loan # 0021907530
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THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
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ADDENDUM TO "AS IS" REAL ESTATE PURCHASE CONTRACT
THIS ADDENDUM TO THE "AS IS" REAL ESTATE PURCHASE CONTRACT '''ADDENDUM'') IS MADE A PART OF THAT CERTAIN INC
"AS IS" REAL ESTATE PURCHASE CONTRACT ("CONTRACr') DATED SEPTEMBER 16, 2009 BETWEEN AURORA LOAN SERVICES, .,
AND COLLIER COUNTY', A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR THE PURCHASE OF PROPERTY KNOWN AS
21112TH ST NE, NAPLES, FL 34120
Purchase Price $72,200
Closing Date November 16, 2009
FOR GOOD AND VALUABLE CONS/DERATION, the receipt and sufficiency of which are hereby acknowledged, Seller and
Purchaser agree as follows:
1, Effect af Addendum, In the event of any conflict between this Addendum and the Contract (collectively, the
"Agreement") or escrow instructions or notice or other documents aUached to this Addendum, the terms of this Addendum
shall prevail, except as otherwise provided by law.
2. Purchase Price. The purchase price $72,200 for the Property shall be paid to Seller in certified funds at the
Closing.
3. Earnest Monev. fmmediately following Seller's acceptance of the Agreement, escrow will be opened by both
parties with an escrow agent designated by Seller or otherwise acceptabfe to Seller. The earnest money deposited shall be in
the amount of $.
4. Time of the Essence; Clasinq Date. The parties agree that time is of the essence as to the closing date and to
all dates specified in any addenda, riders or amendments thereto.
The closing November 16, 2009 shall take place on or before the date set forth above, or within five (5) days of final
loan approval by Purchaser's lender, whichever is earlier, unless the Closing date is extended in a writing signed by Seller and
Purchaser or extended by Seller under the terms of the Agreement. The Cfosing shall be held in the offices of Seller's
attorney or agent, or at a pface designated and approved by Seller, and convenient to all parties.
5, Per Diem. In the event Seller agrees to Purchaser's request for a written extension of the Closing date, Purchaser
agrees to pay to Seller $100.00 per day as a penalty through and including the new closing date specified in the written
extension. If the sale does not close by the date specified in the written extension, Seller may retain the Earnest Money and
the accrued per diem payment as liquidated damages pursuant to Section 22 of this Addendum.
6. MorlqaQe. Contingency. Purchaser's obligation to purchase the Property under the Agreement (check one):
L-) fS C X _) IS NOT contingent on Purchaser obtaining financing for the purchase of the Property.
In the event the Agreement is subject to the Purchaser obtaining a mortgage, then the Purchaser shall obtain a firm
written commitment on or before October 06, 2009 (the "Commitment Date"). If a firm commitment is not obtained by the
Commitment Date, the Agreement shaH be null and void and neither party shall have any further rights, obligations or liabilities
to the other. However, notwithstanding the foregoing, the earnest money may be refunded only if the Purchaser has made a
mortgage application within three (3) days of the receipt of a fully expcuted Contract, has acted in good faith and has
otherwise complied wilh the terms and conditions of the Agreement. Notwithstanding the foregoing, the Seller, in writing only,
at its sole and absolute discretion, which may be arbitrary, may extend the dale for obtaining a firm written commitment.
Purchaser agrees that the party holding escrow monies will release said funds once provided with a declination lelter
from Purchaser's lender, without any further action or consent from Purchaser.
7. Inspection.
i. Within seven (7) calendar days after the Seller Acceptance Date, defined 10 be date the contract was ratified.,
Purchaser shall inspeclthe Property or obtain for its own use, benefit and reliance, inspections and/or reports on the condition
of the Property; otherwise, Purchaser shall be deemed to have waived such inspection and any objections to the condition of
the Property and to have accepted the condition of the Property for all purposes. Purchaser shall hold Seller harmless from
all liability claims, demands, damages, and costs related to Purchaser's inspection.
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ii. Purchaser shaU not directly or indirectly cause any inspection to be made by any government building or zoning
inspector or government employee without the prior written consent of SeUer, unless such inspection is required by faw.
iii. If the Property is located in a jurisdiction that requires a certificate of occupancy, smoke detector certification,
septic certification or any similar certification or permit or any form of improvement or repair to the Property (collectively,
"Permits and Repairs"), Purchaser acknowfedges and agrees that Purchaser shaU be responsible for obtaining any and aU of
the Permits and Repairs at Purchaser's sole cost and expense. Purchaser shaU make application for aU Permits and Repairs
within ten (10) days of the Seller Acceptance Date.
iv. Within three (3) cafendar days of receipt of any inspection report prepared by or for Purchaser, but not fater than
ten (10) days from the Seller Acceptance Date, whichever first occurs, Purchaser will provide written notice to SeUer of any
disapproved items. Purchaser's faifure to provide written notice shall be deemed as acceptance of the condition of the
Property.
v, Upon request by SeUer, Purchaser shaU provide complete copies of all inspection reports upon which Purchaser's
disapproval of the condition of the Property is based. Seller shall have the option, in their sole discretion, to adjust the selling
price, make repairs or cancel the Agreement. In no event shaU SeUer be obligated to make any repairs or repfacements that
may be indicated in Purchaser's inspection reports. If SeUer elects not to repair the Property, Purchaser may cancel the
Agreement not later than ten (10) days from the Seifer Acceptance Date and the Earnest Money shall be returned to
Purchaser. If SeUer efects to make any such repairs to the Property, Seifer shall notify Purchaser after completion of the
repairs and Purchaser shall have three (3) days from the date of notice to inspect the repairs and notify SeUer of any
disapproved items. Purchaser's failure to disapprove such repairs in writing shalf be deemed as Purchaser's acceptance
thereof.
vi. ff SeUer has agreed to pay for treatment of wood infesting organisms, SeUer shall treat onfy active infestation. All
treatments for wood infesting organisms and other repairs will be compfeted by a vendor approved by Seller. Seller agrees to
pay up to $0 for said treatment.
vii. Any repairs or treatments made or caused to be made by Seller shall be completed prior to the Closing. Under no
circumstances shalf Seller be required to make any repairs or treatments after the Closing date.
viii. Purchaser acknowledges that the Closing of this transaction shall be deemed Purchaser's reaffirmation that
Purchaser is satisfied with the condition of the Property for all purposes and satisfied with all repairs and treatments to the
Property, if any, and waives any and all claims refated to such condition of the Property and/or to the quafity of the repairs or
treatments to the Property.
ix. Notwithstanding the foregoing, neither Purchaser nor its representatives shall enter the Property to make any
repairs or treatments prior to the Closing without the prior written consent of Seller. To the extent that Purchaser or its
representatives make repairs and/or treatments to the Property prior to the Closing, Purchaser hereby agrees to release and
indemnify Seller from and against any and aU claims related in any way to the repairs andlor treatments.
8. Condominium/PUD/Homeowners Association. If the Property is a condominium, planned unit development,
homeowner's association or co-operative, unless otherwise required by law, Purchaser, at Purchaser's own expense, is
responsible for obtaining and reviewing the covenants, conditions, restrictions and/or bylaws of the relevant entity within seven
(7) days of the Seller Acceptance Date. Seller agrees to use reasonable efforts to assist Purchaser in obtaining a copy said
documents. Purchaser will be deemed to have accepted the covenants, conditions, restrictions and/or bylaws if Purchaser
does not notify Seller in writing, within ten (10) days of the Seller Acceptance Date, of Purchaser's objection to the same.
9. Condition of Property, Purchaser acknowledges and understands that Seller acquired the property by
foreclosure, deed in lieu of foreclosure, forfeiture, tax sale, right of eminent domain or similar process, and Seller
consequently has little or no direct knowledge concerning the condition of the Property. As a material part of the
consideration to be received by Seller under the Agreement, as negotiated and agreed to by Purchaser and Seller, Purchaser
acknowledges and agrees to accept the Property in "as-is," "where-is" condition at the time of closing, including, without
limitation, zoning, land use or building code requirements or compliance with any law, rules, ordinances or regulations of any
governmentaf authority; any hidden defects, environmental conditions affecting the property, or the existence of mofd, whether
known or unknown, whether such defects or conditions were discoverable through inspection or not.
If there is an enforcement proceeding arising from allegations of such violations before an enforcement board, special
master, court or similar enforcement body, and neither Purchaser nor Seller terminate the Agreement, Purchaser agrees (a)
to accept the Property subject to the violations, (b) to be responsible for compliance with the applicable code or regulation and
with orders issued in any code enforcement proceeding, and (c) to resolve the deficiencies as soon as possibfe after the
Closing. Purchaser further agrees to indemnify Seller from any and all claims or liability arising from Purchaser's breach of
this section.
10. Disclosure. Purchaser acknowledges and agrees that the Property was acquired through foreclosure, deed in
fieu of foreclosure, forfeiture, tax sale, eminent domain or similar process. Accordingly, to the fullest extent allowed by law,
Seller shaU be exempt from providing or filing any disclosure statement with respect to the Property.
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11. Occupancy Status of Property. Seller, its representatives, agents and assigns shall not be responsibfe for evicting
or relocating any tenants or occupants or personal property at the Property prior to or subsequent to the Cfosing, unless
otherwise specifically agreed to in writing by Seller.
Seller has no knowledge of security deposits and none will be transferred to Purchaser at cfosing. Purchaser is
responsible to any occupants for the return of any security deposits.
Purchaser further agrees to assume all responsibility and liability for the refund of such security deposits to the tenants
pursuant to the provisions of applicabfe laws and regufations. All rent, due and payable and collected from tenants for the
month in which the Closing occurs, will be prorated according to the provisions of Section 13 of this Addendum.
Purchaser acknowledges and agrees that the Property may be subject to the provisions of local rent control ordinances
and regulations. Purchaser agrees that as of the Cfosing all eviction proceedings and other duties and responsibilities of a
property owner and landlord, including but not limited to those proceedings required for compliance with such local rent
control ordinances and regufations, shall be Purchaser's sole responsibility and cost.
Purchaser will not use or occupy or cause or permit others to use or occupy the Property prior to Closing.
12. Personal Property. Purchaser agrees that any items of personal property, now or hereafter located on the Property
(collectively, "Personal Property") shall not be included in the sale of the Property or the Purchase Price unless each item of
Personal Property is specifically described and referenced in this Addendum. Purchaser assumes full responsibility for any
Personal Property remaining on the Property at the time of Closing. Any Personal Property sold by Seller shall be accepted
by Purchaser on an "as is, where is" basis without representation or warranty of any kind or nature, and specifically excluding
any warranties of merchantability or fitness for any particular purpose.
13. Closino Costs and Adiustments. Purchaser and Seller agree to prorate the following expenses as of Closing:
municipal water and sewer charges, utility charges, real estate taxes and assessments, common area charges, condominium
or pfanned unit development or similar community assessments, cooperative fees, maintenance fees, and rents, if any.
Payment of special assessment district bonds and assessments, and payments of homeowner's association of special
assessments shall be paid current and prorated between Purchaser and Seller as of the Closing date with payments not yet
due and owing to be assumed by Purchaser without credit toward the Purchase Price.
Seller shall not be responsible for any amounts due, paid or to be paid after Closing. In the event Seller has paid any
taxes, speciaf assessments or other fees and there is a refund of any such taxes, assessments or fees after the Cfosing, and
Purchaser, as current owner of the Property, receives the payment, Purchaser will immediately submit any refund to Seller.
For purposes of any seller concession, the term "closing costs" shall not include any amounts escrowed for taxes or
insurance by a lender.
If the Property is heated or has storage tanks for fuel oil, liquefied petroleum gases or similar fuels, Purchaser will buy the
fuel in the tank at Closing at the current price as calculated by the supplier.
Recording fees, escrow fees and other customary closing costs with the exception of transfer taxes, shall be paid by either
Seller andlor Purchaser in the manner customary for residential reaf estate transactions in the metropolitan area or city in
which the Property is located.
All other costs and expenses, including any cost, expense or transfer tax imposed by any state or focal entity not otherwise
addressed herein, shall be paid by Purchaser
14. Survey, Purchaser shall pay the cost of any survey. No survey shall be provided by Seller.
15. Insurable title.
i. Seller shall give and Purchaser shall accept such titfe as Seller's title insurance company shall be willing to approve and
insure in accordance with its standard form of titfe policy approved by the governing agency for the state where the Property is
located, subject only to the matters provided for in the Agreement.
ii. Unless otherwise indicated befow, Seller shall furnish Purchaser, at its expense, a fee (owners) title poficy, with
coverage in the amount of the purchase price.
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10385 Weslmoor Dr
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- (Purchasers must initiaf here, if applicabfe). fIWe will obtain a fee title policy and/or title exam at my/our expense.
DO NOT INITIAL THIS IN A STATE WHERE THE SELLER HAS THE RIGHT TO CHOOSE THE TITLE COMPANY. IN
SUCH CASE, SELLER RETAINS AND RESERVES SAID RIGHT.
iii. In the event Purchaser chooses to obtain their own fee (owners) poficy and/or title exam, they shall order the same
within three days of Purchaser's execution of the Contract, or any and all objections to title shall be waived.
Purchaser must notify Seller's attorney of any and all titfe objections at feast ten days before cfosing, or all objections to title
shall be waived. ff Seller cannot cure said objections after a good faith effort, or to do so would delay the closing beyond the
originaf or any extended closing date, Purchaser agrees to accept a fee (owners) title policy, as stated above, at Seller's
expense. Regular rates must apply. Seller agrees to pay the premium for a fee (owners) title policy only if the policy is issued
by Seller's selected title agent.
ff a mortgagee policy is required, Purchaser shall be responsible for payment of the full premium.
iv. Seller shall not be obligated to remove any exception or to bring any action or proceeding or bear any expense in order
to convey title to the Property or to make the title marketable or insurable, and any attempt by Seller to remove such title
exceptions shall not impose an obfigation upon Seller 10 remove those exceptions. Purchaser acknowfedges that Seller's title
to the Property may be subject to court approval of a foreclosure or to a mortgagor's right of redemption.
In the event Seller is not able to (a) make the title insurable or correct any problems or (b) obtain title insurance from a title
insurance company sefected by Seller, all as provided herein, either party may terminate the Agreement and any Earnest
Money shall be returned to Purchaser and Seller shall have no further obligation or liability to Purchaser hereunder. Section
21 befow also provides that Seller may extend the date of Closing or terminate the Agreement if Seller determines, in Seller's
sole and absofute discretion, that Seller is unable to convey insurable title to Ihe Property.
16, Real Estate Commission. Seller shall pay a real estate commission pursuant to the listing agreement between
Seller and Seller's listing broker.
17. Delivery of Funds. Regardless of local custom, requirements, or practice, upon delivery of the Deed by Seller to
Purchaser, Purchaser shall defiver all funds due Seller from the sale in the form of certified check or wire transfer. Failure 10
deliver funds according to either of the aforesaid methods shall be considered breach of the Agreement.
18. Delivery of Possession of Property. Seller shall deliver possession of the Property to Purchaser at the Closing and
funding of the safe. Pursuant to Section 11 of this Addendum, the delivery of possession shall be subject to the rights of any
tenants or parties in possession. If Purchaser alters the Property or causes the Property to be altered in any way and/or
occupies the Property or allows any other person to occupy the Property prior to Cfosing and funding without the prior written
consent of Seller, such event shall constitute a breach by Purchaser under the Agreement and Seller may terminate the
Agreement.
19, Form of Deed. The deed to be delivered at Closing shall be a deed that covenants that grantor grants only that title
which grantor may have and that grantor will only defend litle against persons claiming by, through, or under the grantor, but
not otherwise (which deed may be known as a Special Warranty, Limited Warranty, Quit Claim or Bargain and Sale Deed).
20. Waivers, As a material part of the consideration to be received by Seller under the Agreement, as negotiated
and agreed to by Purchaser and Seller, Purchaser waives the following:
i. All rights to file and maintain an action against Seller for specific performance and any right to record a lis
pendens against the Property or to record or file the Contract, this Addendum or any memorandum thereof in the
official real property records, or any other remedy that would prevent Seller from conveying the Property;
ii. Any and all claims arising from the adjustments or pro-rations or errors in calculating the same that are or may
be discovered after closing;
iii. Any remedy of any kind, other than as expressly provided in this Addendum, to which Purchaser might
otherwise be entitled at law or in equity, whether based on mutual mistake of fact or law or otherwise;
iv, Any right to trial by jury, except as waiver thereof is prohibited by law, in any litigation arising from, or
connected with or related to the Contract and/or Addendum;
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v. Any claim for loss or damage, including, without limitation, indirect, special or consequential loss or damage
arising from, based upon, due to or otherwise related to:
(a) environmental conditions affecting the property, including but not limited to mold, fead paint, fuel oil,
allergens or other toxic substances of any kind;
(b) encroachments, easements, shortages in area or any other matter which would be disclosed or revealed by a
surveyor inspection of the property or search of public records; and
In the event Purchaser breaches any of the warranties described or contemplated under this Section and a court
finds that Purchaser's legal action is without merit, Purchaser shall pay all reasonable attorneys' fees and costs
incurred by Seller in defending such action, which amount shall be in addition to any liquidated damages held or
recovered by Seller pursuant to Section 22 of this Addendum,
21, Conditions to Seller's Performance. Seller shall have the right, at Seller's sofe discretion, to extend the Closing
date or to terminate the Agreement if:
i. SeUer determines that it is unabfe to convey insurable tille to the Property through a title insurance company selected by
Seller at regular rates;
ii. Seller has either sold or has agreed to sell the loan secured by the Property to another party.
iii. Any third party, whether tenant, homeowner's association or otherwise, exercises rights under a right of first refusal,
option or similar right to purchase the Property;
iv. Seller has transferred and conveyed the Property to a third party; or
v. The Purchase Price is insufficient to pay the sum of the closing costs, taxes, commissions, and any liens on or
obligations secured by the Property that Seller has agreed to pay hereunder.
vi, A court of law overturns a foreclosure sale, trustees safe, sheriff's safe or the like, or deed in lieu transaction, that fead
to seUer or its predecessor, successor or assign, taking tille to the property.
vii. The Property is affected by an environmental hazard, as determined by SeUer.
viii. Seller has received official notice that the Property is in violation of building codes or simifar laws or regulations.
In the event Seller elects to terminate the Agreement as a result of any of the foregoing, the Earnest Money shaU be
returned to Purchaser and the parties shaU have no further obligation under the Agreement.
22. Remedies for Default. In the event of Purchaser's default, material breach or misrepresentation of any fact under
the terms of the Agreement, Seller, at its option, may retain the earnest money and any other funds paid by Purchaser as
liquidated damages andlor invoke any other remedy expressly set forth in the Agreement (or allowed for by law) and Seller is
automaticaUy released from the obligation to sell the Property to Purchaser and neither Seller nor its representatives, agents,
attorneys, successors or assigns shall be liable to Purchaser for any damages of any kind as a result of SeUer's failure to sell
and convey the Property. Purchaser acknowledges and agrees that by signing this addendum, seUer shall have the right to
retain or seek the refease of the earnest money under this Section, without any further action, consent or document from
Purchaser.
SeUer's agents, representatives, attorneys, closing offices and their successors and assigns are hereby authorized by
Purchaser's signature on the Agreement to release the earnest money deposit or other such funds to Seller at Seller's request
without any further written authorization or notification. Purchaser shaU hold harmless and indemnify such agents, attorneys,
closing offices, and their successors or assigns for any costs incurred whatsoever, relating to the disbursement of such funds,
including court costs and actual attorney fees.
Purchaser agrees that SeUer shall not be liable to Purchaser for any speciaf, consequential or punitive damages
whatsoever, whether in contract, tort (incfuding negligence and strict fiabifity) or any other legal or equitable principle.
Purchaser acknowledges that in the event of termination of the Agreement, return of Purchaser's Earnest Money can
adequately and fairfy compensate Purchaser. Upon return of the Earnest Money to Purchaser, the Agreement shall be
terminated, and Purchaser and Seller shall have no further liabifity, obligation, or responsibility to each other.
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Seller shall only be in default under the Agreement if Purchaser delivers written notice to Seller detailing the default and
Seller fails to cure such default within 20 days of receipt of such written notice (or such longer period of time as may be
necessary, provided that Seller diligentfy pursues such cure). If Seller is in default hereunder or if Seller terminates the
Agreement as provided under the provisions of thereof, Purchaser shall be entitled to the return of the Earnest Money as
Purchaser's sole and exclusive remedy at law or in equity.
23. Indemnification. Purchaser agrees to indemnify and fully protect, defend and hold Seller, its officers, directors,
employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors and assigns harmfess
from and against any and all cfaims, costs, liens, foss, damages, attorneys' fees and expenses of every kind and nature that
may be sustained by or made against Seller, its officers, directors, empfoyees, shareholders, servicers, representatives,
agents, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of:
i. Inspections or repairs made by Purchaser or its agents, employees, contractors, successors or assigns;
jj,The imposition of any fine or penalty imposed by any governmental entity resulting from Purchaser's faifure to timely
obtain any permits, approvafs, repairs or inspections, or to comply with all applicable laws, rules, ordinances and regulations;
iii. Claims for amounts due and owing by Seifer for taxes, homeowner's association dues or assessment, or any other
terms prorated at Closing under Section 13 of this Addendum; and
iv. Purchaser's or Purchaser's tenants, agents or representatives use or occupancy of the Property prior to Closing and
funding.
24. Risk of Loss. Regardless of focal custom or practice, Purchaser assumes all risk of loss related to damage to the
Property. In the event of fire, destruction or other casualty loss to the Property after Seller's acceptance of the Agreement and
prior to Closing and funding, Seller may, at its sole discretion, repair or restore the Property, or Seller may terminate the
Agreement. If Seller efects to repair or restore the Property, then Seller may, at its sole discretion, limit the amount to be
expended. ff Seller elects to repair or restore the Property, Purchaser's sole and exclusive remedy shalf be either to acquire
the Property in its then current condition at the Purchase Price with no reduction thereof by reason of such loss, or terminate
the Agreement and receive a refund of any Earnest Money.
25. Eminent Domain. fn the event that Seller's interest in the Property, or any part thereof, shall have been taken by
eminent domain or shall be in the process of being taken on or before the Closing date, either party may terminate the
Agreement and the Earnest Money shall be returned to Purchaser and neither party shall have any further rights or fiabifities
hereunder.
26. Survival. Delivery of the Deed to the Property to Purchaser by SeUer shall be deemed to be fulf performance and
discharge of all of Seller's obligations under the Agreement.
27. Severabilitv. The invalidity, i1fegality or enforceability of any provision of the Agreement shalf not affect the validity or
enforceability of any other provision of the Agreement, alf of which shall remain in full force and effect.
28. Assignment of Agreement. Purchaser shall not assign the Agreement without the express written consent of Seller.
Seifer may assign the Agreement at its sole discretion without prior notice to or consent of Purchaser.
29, Entire AQreement. The Agreement, including the disclosure of information on lead-based paint or fead-based paint
hazard, or other disclosure forms or notices required by law, constitutes the entire agreement between Purchaser and Seller
concerning the subject matter hereof and supersedes all previous communications, understandings, representations,
warranties, covenants and agreements, whether written or oral and there are no oral, or other written agreements between
Purchaser and SeUer. No oral promises, representations (express or implied) warranties or agreements made by seifer or
broker or any person acting on behalf of Seller shalf be deemed valid or binding upon Seller unless expressfy included in the
agreement. All negotiations are merged into the Agreement. Seller shalf not be obfigated by any other written or verbal
statements made by Seifer, Seifer's representatives or any real estate licensee.
30. Modification. No provision, term or clause of the Agreement shalf be revised, modified, amended or waived except
by an instrument in writing signed by Purchaser and Seller.
31, CounterDarts. This Addendum may be executed in any number of counterparts, and each such counterpart shalf be
deemed to be an original, but alf of which, when taken together, shaU constitute one agreement. This Addendum may be
delivered by facsimile.
32. Gender. Unless the context otherwise requires, singular nouns and pronouns, when used herein, shaU be deemed to
include the plural of such nouns or pronouns, and pronouns of one gender shalf be deemed to include the equivafent pronoun
of the other gender.
rpOfr_Clr_19
COUNTER OFFER/ADDENDUM Loan # 0021907530
~~
~
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
'">''''1''' ""~C,.,,.!"H'l
!OC>'V'<':':lI
10385 Westmoor Dr
Weslminsler,CO 80021
Corporate
Fax
33, Force Majeure. No party shalf be responsible for delays or failure of performance resulting from acts of God,
riots, acts of war, epidemics, power failures, acts of terrorism, earthquakes or other disasters, providing such delay or failure
of performance could not have been prevented by reasonabfe precautions and cannot reasonably be circumvented by such
party through use of alternate sources, workaround plans or other means.
34. Notices. Any notices required to be given under the Agreement shalf be deemed to have been delivered when
actualfy received in the case of hand or overnight delivery, or five (5) days after mailing by first class mail, postage paid, or by
fax with confirmation of transmission to the numbers befow. AIf notices to Seifer will be deemed sent or delivered to Seifer
when sent or delivered to Seifer's listing broker or agent or Seller's attorney, at the address or fax number shown below. All
notices to Purchaser shall be deemed sent or delivered when sent or delivered to Purchaser or Purchaser's attorney or agent
at the address or fax number shown befow.
35. Attornev Review. Purchaser acknowledges that Purchaser has had the opportunity to consult with its legal
counsel regarding the Agreement. Accordingly, the terms of the Agreement are not to be construed against any party
because that party drafted the Agreement or construed in favor of any Party because that Party failed to understand the fegal
effect of the provisions of the Agreement.
36. Additional Terms or Conditions. (Insert "NONE" if applicable)
As is sale. Subiect to corporate approval.
PURCHASER'S OFFER
Signature:
SEE ATTACHED SUBSTITUTE EXECUTION PAGE
Print Name (or name if a company):
Social Security # (or Tax 1.0. # if a company):
Tille (if a company):
Signature:
Date:
Print Name (or name if a company):
Social Security # (or Tax 1.0. # if a company):
Tille (if a company):
Attorney information (if appficable)
Address:
Telephone:
Facsimile:
SELLER'S ACCEPTANCE
By:
Date:
Print Name:
Title:
Date:
rpOlr elr 19
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address 211 12tri 8T NE, Naples, FL 34120
Folio Number 39265040009
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DA TED-LL/d,l}-ooq
ATTEST:, . ' s~~PD7"
DWIGHT,~...m~6S;K,.'?Jlerk
~':;- ~' ._~.\ ", t
...~ ,.' ",~
,;' .o~
';", ',. ..~, '- t. Clerk
-~ ~..te ~fti~ I
Iflllltri .'~h" '
BOARD OF epUNTY COMMISSIONERS
COLLIER y,~iJNTY, FLORlqA
II; . ,/>;
BY :\I/'~:"7I-n,(",> '.'.:::/ .1,tJ~~
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
~~~~
Jen er B. White
Assistant County Attorney
COUNTER OFFER/ADDENDUM Loan # 0021907530
L~
-~
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
, 1!"....Oi!"..,..'t?Cl'l!o"'.,.,:O
~LH'...CE:II
10385 Westmoor Dr
Weslminsler,CO 80021
Corporale
Fax
RE KEY DISCLOSURE/RELEASE
This disclosurelrelease is executed by and between the Seller Aurora Loan Services and the Buyer(s), Collier County
Government, the parties involved regarding the safe of the property located at:
ADDRESS: 211 12TH ST NE, NAPLES, FL 34120
The Buyer acknowledges that the above mentioned property has previously been keyed to a Master Lock System to enable
access by the Seller's suppliers and employees. Therefore, all locks must be changed immediately upon closing to ensure the
Buyer's security of personal and real property.
The Buyer(s) agrees to indemnify Aurora Loan Services regarding any theft or damage of personaf andlor real property.
Buyer(s) Signature(s):
SEE ATTACHED SUBSTITUTE EXECUTION PAGE
Name
Date
Date
Name
Date
Name
rpOfr_Clr_ 19
NEfGHBORHOOD STABILIZATION PROGRAM
Property Address: 211 12,r 8T NE, Naples, FL 34120
Folio Number: 39265040009
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DA TED_.!L/2J;-o01
ATTEST:
DWIGHT E. SROCK, Clerk
-J
BOARD OFi&UNTY C OMMISSI.ONERS
COLLIER C NTY, FLORIDJ,X
I I ..F)
f, , I I .'!. I,
. "t ,t-. """';rl.,l, ....,.1... -:"::.- <f
BY: . "'. . .-' ~. ..
Donna Fiala, Chairman
.'
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1.1 .... v.'.'
".I 1,.. '!i,~:J!
, '-JIol
..':~; <~~-~' : ~
Approved as to form and
legal sufficiency:
'\~\0~
Jennif~. White
Assistant County Attorney
COUNTER OFFER/ADDENDUM Loan # 0021907530
L~
-.~
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
,.,.....r,.."'"....o..r'MIN!;
ii>....py'Ct;lI
10385 Weslmoor Dr
Westminsler,CO 80021
Corporate
Fax
10385 Westmoor Dr" Suite 100
Westminster, CO 80021
Toll Free: 1-800-430-3320
ATTENTION - ATTENTION
PLEASE PROVIDE THE BUYER(S) A COPY OF THE "PROTECT YOUR FAMILY FROM LEAD INYOUR HOME, "
AND HAVE THEM SIGN THE DISCLOSURE OF INFORMATION ON LEAD.BASEDPAINT AND LEAD-BASED PAINT
HAZARDS.
IF THE PROPERTY WAS BUILT AFTER 1978, THEN AS LISTING AGENT PLEASE
SIGN THIS FORM AND INCLUDE IT WITH THE CONTRACT.
A CONTRACT WILL NOT BE EXECUTED WITHOUT EITHER THIS WAIVER OR THE BUYER DISCLOSURE FORM
INCLUDED WITH THE CONTRACT PACKAGE,
IT IS OUR INTENT TO COMPLY WITH ALL FEDERAL AND LOCAL LAWS PERTAINING TO LEADBASED PAINT
DISCLOSURE. YOUR ASSISTANCE WITH THIS PROGRAM IS GREATLY APPRECIATED.
Lead-Based Paint Hazards: Tille X, Section 1018, the Residential Lead-Based paint Hazard Reduction Act of 1992 (the
Act ), requires the disclosure of certain information regarding lead-based paint and leadbased paint hazards in
connection with the sale of residential real property. Unless otherwise exempt, the Act applies only to housing
constructed prior to 1978. A seller of pre-1978 housing is required to disclose to the Buyer(s), based upon the Seller's
actual knowledge, all known lead-based paint hazards in the Property and provide the Buyer(s) with any available reports
in the Seller's possession relating to lead-based paint or lead-based paint hazards applicable to the Property. The Seller,
however is not required to conduct or pay for any lead-based paint risk assessment or inspection. At the time that the
offer to purchase is entered into by the Buyer(s), the Seller is required to provide the Buyer(s) with the EPA pamphlet
entitfed "Protect Your Family From Lead In Your Home" and a " Disclosure of
Information on Lead-Based Paint and Lead-Based Paint Hazards" Form
The Seller is required under the Act 10 provide the Buyer(s) with a ten (10) day time period (or other mutually agreeable
time period) for the Buyer(s) to expense, to conduct a risk assessment or inspection for the presence of feadbased paint
hazards unless the Buyer(s) waives such assessment or inspection by indicating such waiver on the Lead-Based Paint
Disclosure form. Seller and any agent invofved in the transaction are required to retain a copy of the completed
Lead-Based Paint Discfosure form for a period of three (3) years following the date of settlement. The Act is effective
September 6,1996, for Seller who owns more than four (4) dwelling units, whether single-family or multi-family, and
December 6, 1996, for a Seller who owns four (4) or fewer dwelling units.
A SELLER WHO FAILS TO GIVE THE REQUIRED LEAD-BASED PAINT DISCLOSURE FORM AND EPA
PAMPHLET MAY BE LIABLE UNDER THE ACT FOR THREE TIMES THE AMOUNT OF DAMAGES AND MAY BE
SUBJECT TO BOTH CIVIL AND CRIMINAL PENAL TIES,
Property was built after 1978 and is exempt from the above Residential Lead-Based Paint Hazard Reduction Act
of 1992.
Acknowledged by
Agent Name Date
Disclosure of Information on Lead Based Paint and Lead Based Paint Hazards
Lead Warning 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 fead from lead-based paint that may pface
young children at risk of devefoping fead poisoning. Lead poisoning in young children may produce permanent
neurological damage, including fearning disabilities, reduced intelligence quotient, behavioral problems, and impaired
memory. Lead poisoning afso poses a particular risk to pregnant women. The seller of any interest in residential real
property is required to provide the buyer with any information on lead-based paint hazards from risk
assessments 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 fead-based paint hazards is recommended prior to purchase.
rpOlr Ctr 19
COUNTER OFFER/ADDENDUM Loan # 0021907530
.~~
-~
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
,f"Nf)l!"joO ""OC'.l'ol\,NO
SL'''''''',CI:.
1 0385 We sIma or Dr
Westminster, CO 80021
Corporate
Fax
Seller's Disclosure (initial)
_(A) Presence of fead-based paint and/or fead-based paint hazards (check one befow)
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain)
_Seller is corporate entity and has no knowfedge of fead-based paint and/or fead-based paint hazards in the housing.
_(6) Records and reports available to the seller (check one below):
_Seller has provided the purchaser with all available records and reports pertaining to leadbased paint and/or lead
-based paint hazards in the housing ( list documents below).
_Seller has no reports or records pertaining to lead-based paint and/or fead-based paint hazards in the housing.
Purchaser's Acknowledgment (initial)
_(C) Purchaser has received copies of all information listed above.
_(D) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.
_E) Purchaser has (check one below):
_Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the
presence of lead-based paint and/or lead-based paint hazards; or
X .Waived the opportunity to conduct a risk assessment or inspection for the presence of leadbased paint and/or lead
based paint hazards.
Agent's Acknowledgment (initial)
(F) Agent has informed the seller of the seller's obligations under the 42 U.S.C. 4B52(d) and is aware of his/ her
responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information
provided by the signatory is true and accurate.
Lender Processing Services)_
Seller Date
Seller
Date
Agent
Date
Agent
Date
SEE ATTACHED SUBSTITUTE EXECUTION PAGE
Purchaser
Date
Purchaser
Date
rpOf'_Ctr_19
NEfGHBORHOOD STABILIZATION PROGRAM
Property Address. 211 12tr' ST NE, Naples, FL 34120
Folio Number 39265040009
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATE~~ ,/I!JJ-~L
,"\ "": . ~
ATTEST:' .
rnNihHT E. BROCK, Clerk
, - ~
"
.
BOARD OF C2.,UNTY COMMISSIONERS
COLLIER CfJffTY, FLORID'},
I I I /-!
I'. f/t. ,.
. ,.' ,_....~.,.' .'- .,'~' >." / ,~
BY: , t'h--;i ,.A... 'y..{ t '. if' .
Donna Fiala, Chairman
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.i~ .lJIIIllt'" .
Approved as to form and
legal s~fficiency:
\ ". \~)-'~j~~
,...,...
Jennifert3. White
Assistant County Attorney
NEIGHBORHOOD STABllZATION PROGRAM
PROPERTY ADDRESS: 211 12TH ST NE, NAPLES, FL 34120
FOLIO NUMBER: 39265040009
SECOND ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE
AND AURORA LOAN SERVICES, LLC ADDENDUM TO
REAL ESTATE PURCHASE CONTRACT
THIS SECOND ADDENDUM is entered into by and between AURORA LOAN SERVICES, LLC,
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 AURORA LOAN SERVICES,
LLC Addendum to Real Estate Purchase Contract attached thereto, both dated of even date herewith,
regardless of such other dates as may be referenced in the aforesaid documents, 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 AURORA LOAN SERVICES, LLC Addendum
to Real Estate Purchase Contract, and this Second Addendum to "As Is" Contract for Sale and Purchase
and AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract shall, collectively,
constitute the "Agreement" between the parties, which Agreement shall only be effective upon the
execution of all three referenced documents by both parties.
2. The purchase price shall be $72,200.00. There shall be no escrow deposit as stated in Item 3
of the AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract.
3. Item 1 of the AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract
is revised to reflect that should any conflict between the documents collectively contained in the
Agreement, as defined herein, the terms of this Second Addendum shall prevail.
4. Item 2 of the AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract
is revised to reflect that closing proceeds due the Seller shall be paid by wire transfer.
5. Item 3 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract is
deleted in its entirety.
6. The second paragraph of Item 4 of AURORA LOAN SERVICES, LLC Addendum to Real
Estate Purchase Contract is revised to read as follows:
"The closing shall take place on or before December 4, 2009, unless the Closing date is extended in
writing signed by Seller and Buyer or extended by Seller under the terms of the Agreement. The Closing
shall be held as convenient to all parties."
7. Item 5 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract is
deleted in its entirety.
8. Item 6 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract is
deleted in its entirety
9. Item 7, paragraphs i through ix of AURORA LOAN SERVICES, LLC Addendum to Real
Estate Purchase Contract is deleted in its entirety.
10. Item 8 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract is
deleted in its entirety.
11. The second paragraph of Item 9 of AURORA LOAN SERVICES, LLC Addendum to Real
Estate Purchase Contract is deleted in its entirety.
NEIGHBORHOOD STABllZATION PROGRAM
PROPERTY ADDRESS: 211 12TH ST NE, NAPLES, Fl34120
FOLIO NUMBER: 39265040009
12. The first, second, third and fourth paragraphs of Item 11 of AURORA LOAN SERVICES,
LLC Addendum to Real Estate Purchase Contract are deleted in their entirety.
13. Item 13 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract is
revised to reflect that any and all prorations shall be made through the day before Closing.
14. Item 15 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract is
deleted in its entirety, and the terms of the "As Is" Contract for Sale and Purchase concerning title
insurance shall prevail.
15. Item 17 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract is
deleted in its entirety.
16. All of Item 18 except the first sentence of that provision of AURORA LOAN SERVICES, LLC
Addendum to Real Estate Purchase Contract shall be deleted in its entirety.
17. Item 19 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract
shall be revised to reflect that Seller shall provide Buyer a Special Warranty Deed.
18. Paragraphs ii, iii, iv, and v of Item 21 of AURORA LOAN SERVICES, LLC Addendum to
Real Estate Purchase Contract are deleted in their entirety.
19. Item 28 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract
shall be revised to reflect that, "The Seller shall not assign the Agreement without express written consent
of Purchaser".
20. Item 29 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract
shall be deleted in its entirety. Seller and Purchase acknowledge that the Property was built after 1978
and is exempt from the Residential Lead-Based Paint Hazard Reduction Act of 1992.
21. Item 36 of AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract
shall be deleted in its entirety.
22. The "Purchaser's Offer" and Seller's Acceptance" blocks after Item 36 of the AURORA
LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract are deleted in their entirety. The
"Substitute Execution Page" is acceptable to both parties, and any requirements for initials are waived.
23. Any and all requirements for Seller's and/or Buyer's initials at the bottom of all pages of the
AURORA LOAN SERVICES, LLC Addendum to Real Estate Purchase Contract 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.
NEIGHBORHOOD STABILZATION PROGRAM
PROPERTY ADDRESS: 211 12TH ST NE, NAPLES, FL 34120
FOLIO NUMBER: 39265040009
IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this Second
Addendum.
Date property acquisition approved by BCC:
March 24,2009, Item 10F
DATED: 1/ / ~ / ;)-{)C)1
,
A TTESI:. C .)'~f.l^ .
D~~':'r'E:~Q~I<, Clerk
1 .~..~. ..
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., W .1,,~,
. III ~",:,,,.
PURCHASER:
TY COMMISSIONERS
,FLORIDA .J
BY :"'''''''.'r~.(....''' (::://.
Donna F ala, Chairman
SELLER:
AURORA LOAN SERVICES, LLC
BY:
PRINT NAME:
TITLE:
DATED:
MEMORANDUM
Date:
November 3, 2009
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
NSP "As Is" Contract for Sale, Counter Offer & Addendums
Property Address: 211 12th Street NE, Naples
Attached is the original sales contract and accompanying documents referenced above
(Item #10F) approved by the Board of County Commissioners on March 24, 2009.
The Minutes and Records Department will hold a copy of the contract in the
Board's Official Records,
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment (1)
~..~ ~~ p" .~."","""""""""'"",, .-'..~--_..
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original document., should be hand delivercd to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Officc only after the Board has takcn action on thc item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropnate for additional signatures, dates, and/or information necded. If thc document is alrcady complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines # I throu h #4, com lete the checklist, and forward to Sue Filson (line #5).
Rpute to Addressee(s) Office Initials Date
(1_ ist in routin order)
(Th~ primary contact is the holder of the original documcnt pcnding BCe approval. Normally the primary contact is the person who created/prepared the executive
sUlT'mary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce otftce onfy after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
1.
2,
3,
4.
5, Ian Mitchell, BCC Office
Supervisor
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
-z>t 6t?wtA.J
d()2J9 -8'/
Agenda Item Number
.I9i)jJE,Ji) "q-
Number of Original
Documents Attached
-;2
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County' Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be are f our deadlines!
The document was approved by the BeC on 0 (enter date) and all changes
made during the meeting have been incorporated in th attached document. The
Count Attorne 's Office has reviewed the chan es, if a licabIe.
,.,
3.
4.
5.
6.
-~~-
:;;.
H/1- to",
L
~13
lor::'
3
Yes
(Initial)
N/A (Not
A Jicable)
C)1l
i: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 903.04, Rcvised 12605, Rcvised 2.24.05, ReVIsed 9.18.09
ITEM NO.:
FILE NO.:
ROUTED TO:
DATE RECEIVED:
Oq- IZPK ~ D \~6q
REQUEST FOR LEGAL SERVICES
DATE:
October 28,2009 - URGENT
TO:
JENNIFER B. WHITE, ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COUNTY ATTORNEY
FROM:
Gary Bigelow
Real Property Management @ Ext. 8073
RE:
Neighborhood Stabilization Program (NSP) Grant
Agreement for 21112th ST NE, Naples, FL 34120
v/
BACKGROUND OF REQUEST /PROBLEM:
Please review the attached for legal sufficiency, and if acceptable, please sign,
\':1- \O~
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~
S' ~O- ~
FILE NO.: ~ ~~
ACTION REQUESTED: Jennifer: Please sign for legal sufficiency, if acceptable, so ~
may present to the Chairman of the BCC for execution. **l~LEASE NOTE THAT TJHS IS
TIME SENSITIVE
A TT ACHMENTS:
(1) "As Is" FARBAR Contract & Addenda
(2) (SUPPLEMENTAL DOCUMENTATION)
Property Data Sheets/Certificate of Title
THIS ITEM HAS NOT BEEN PREVIOUSLY SUBMITTED.
THANK YOU VERY MUCH FOR YOUR ASSISTANCE!!
~