Contract Addendum #1
HomeSteps File No: 707193
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HomeSteps
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ADDENDUM # 1 TO CONTRACT OF SALE
(Single-Family Real Estate Disposition)
This Addendum is to be made a part of the agreement (Contract of Sale) dated ,20
between Federal Home Loan Mortgage Corporation (Seller, sometimes described as Freddie Mac or HomeSteps) and
Collier County Florida (Purchaser), for the property located at:
475 GOLDEN GATE SLV E, NAPLES, FL, 34120 (the "Property").
IN THE EVENT ANY PROVISION OF THIS ADDENDUM CONFLICTS IN WHOLE OR IN PART WITH THE TERMS OF
THE CONTRACT OF SALE, THE PROVISIONS OF THIS ADDENDUM SHALL CONTROL.
1, CONDITIONS OF SALE. Purchaser acknowledges that Seller obtained the Property by foreclosure, deed in lieu of
foreclosure, forfeiture or similar process, The Contract of Sale is subject to each of the following conditions: (i) final
acquisition of the Property by Seller; (ii) the ability of Seller to provide insurable title; (iii) the mortgage insurance
company's approval of the sale; and (iv) if required by Seller, the repurchase of the Property by the prior mortgage
servicer from Seller. in the event any of these conditions are applicable, at Seller's option and at Seller's sole
discretion, then Seller may notify Purchaser that the Contract of Sale is canceled and the deposit shall be returned to
Purchaser and Seller shall have no further obligation to sell or convey the Property to Purchaser,
IT IS EXPRESSLY AGREED AND ACKNOWLEDGED BY THE PURCHASER THAT ANY EXPRESS
REPRESENTATIONS, WARRANTIES, OR STATEMENTS CONTAINED IN THE CONTRACT OF SALE,
WHETHER REFERRING TO THE CONDITION OF THE PROPERTY, OR WHETHER REFERRING TO THE
EXISTENCE OF FEATURES, FUNCTIONS OR SERVICES RELATING TO OR SERVING THE PROPERTY
(INCLUDING, BY WAY OF EXAMPLE ONLY, WHETHER THE PROPERTY HAS PARTICULAR TYPES OF
UTILITY SERVICES), ARE SPECIFICALLY WAIVED, DISCLAIMED, AND RENDERED NULL AND VOID.
IN THE EVENT THAT THE CONTRACT OF SALE CONTAINS ANY EXPRESS PROVISIONS IN WHICH
OPTIONAL LANGUAGE EXISTS FOR SELECTION BY THE PARTIES (INCLUDING, BY WAY OF
EXAMPLE ONLY, BOXES TO BE CHECKED), THE PURCHASER EXPRESSLY AGREES AND
ACKNOWLEDGES THAT THE REPRESENTATIONS, WARRANTIES, OR STATEMENTS CONTAINED IN
SUCH LANGUAGE (EVEN IF CHECKED, SIGNED, INITIALED OR OTHERWISE MARKED SIGNIFYING
AGREEMENT WITH OR ACCEPTANCE OF THE LANGUAGE) ARE SPECIFICALLY WAIVED,
DISCLAIMED, AND RENDERED NULL AND VOID.
IT IS THE EXPRESS INTENTION OF THE SELLER AND THE PURCHASER THAT THE ONLY
WARRANTIES, REPRESENTATIONS, OR STATEMENTS (IF ANY) MADE BY THE SELLER AND RELIED
UPON BY THE PURCHASER ARE THOSE THAT MAY BE CONTAINED IN THIS ADDENDUM.
2. IJ.I.bg, The extent of Seller's obligation with respect to title shall be to provide insurable title to Purchaser, Title to
the Property may run from the owner of record, or from Seller by act of power of attorney on behalf of the recorded
owner. Conveyance will be by deed that covenants that grantor grants only that title which grantor may have and that
grantor will only defend title against persons claiming by, through or under grantor. Such deed may be known as a
SPECIAL WARRANTY, LIMITED WARRANTY, QUIT CLAIM OR BARGAIN AND SALE DEED, or other local form of
Deed acceptable to the recording agent and Seller. The closing attorney/agent is responsible for providing the legal
description of the property, The legal description shall be the same legal description as contained in the foreclosure
deed or the deed-in-lieu of foreclosure, as applicable, or any revision thereto,
3. UNWRITTEN STATEMENTS Unwritten or oral statements, representations, promises, negotiations, or agreements
shall not be considered to be part of the Contract of Sale unless incorporated in writing into the Contract of Sale.
Seller's Initials
Buyers' Initials
HomeSteps Addendum #1 to Contract of Sale (Non-CAl
Version Nov 2006
Page10f7
4. TIME IS OF THE ESSENCE: CLOSING, IT IS AGREED THAT TIME IS OF THE ESSENCE WITH RESPECT TO ALL
DATES SPECIFIED IN THE CONTRACT OF SALE, THIS ADDENDUM AND ANY ADDENDA OR AMENDMENTS
THERETO. Settlement/closing shall be held in the offices of Seller's attorney or agent, or at a place designated and
approved by Seller, unless otherwise required by applicable law, Closing shall occur on or before March 12 , 20~,
or within seven (7) calendar days of loan approval, whichever is earlier, unless the closing date is extended in writing
signed by the Seller and Purchaser. The deposit shall be held by the attorney or agent approved by Seller in a non-
interest bearing trust account. At closing, Purchaser must pay any amounts due by certified, bank, or cashier's checks
made payable to the attorney or agent. The sale may not be closed in escrow without the prior written consent of Seller,
In the event closing does not occur by the closing date specified in this Section 4, or any written extension, this
Agreement is automatically terminated and the Seller shall be entitled to the remedy described in paragraph 19 of this
Addendum. In the event Seller agrees to Purchaser's request for a written extension of this Agreement, Purchaser
agrees to pay to Seller a per diem of $ 50.00 through and including the new closing date specified in the
written extension.
5. PRORATIONS, Seller and Purchaser agree to prorate the following expenses as of closing: utility charges, water
and sewer charges, real estate taxes and assessments, common area charges, co-operative fees, maintenance
fees, and rents, if any, Payment of homeowner's association or 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 purchase price. HOWEVER, Seller shall not be responsible for homeowner's
association assessments that accrued prior to the date Seller acquired the Property, In determining prorations, the day
of closing shall be charged to Purchaser. All prorations at closing, including prorations for taxes, are final. If the property
is a single family property with no more than one dwelling unit, then rents (if any) shall not be prorated,
6. OCCUPANCY STATUS, In the event the Property is occupied by tenant(s), Seller makes no representations regarding
(i) compliance of the Property with any rent control or registration laws, (ii) the existence of any written leases, (iii) the
remaining term of any tenancy, (iv) the amount of monthly rent, and (v) whether the tenant(s) are current in payment of
rent. In addition, Seller does not hold any security deposits for any tenant(s) and shall not transfer any security deposits
to Purchaser, and after closing Purchaser shall be solely responsible for the return of any security deposits (and interest
thereon, if applicable) upon the demand of any tenant(s), Seller shall not be responsible for any eviction expenses
incurred by Purchaser before or after closing.
7. DELIVERY OF POSSESSION, Seller shall deliver possession of Property to Purchaser at closing and funding of
sale, or upon successful completion of closing and settlement in accordance with local practice and custom, Purchaser
may not occupy the Property prior to closing and funding, In the event Purchaser alters the Property or occupies the
Property or permits it to be occupied by any other person prior to closing, then Purchaser shall be in default of the
Contract of Sale and Seller may terminate this Agreement and Purchaser shall be liable to Seller for damages caused by
such alteration or occupation of the Property prior to closing. Purchaser's deposit and rights to any improvements to the
Property shall be forfeited to Seller and Purchaser hereby waives any and all claims for damages or compensation for
improvements made by Purchaser to the Property including but not limited to any claims based on unjust enrichment.
The remedies available to Seller described in this paragraph shall not be limited by the remedies described in paragraph
19 of this Addendum.
8. CONDITION OF PROPERTY.
a, PURCHASER UNDERSTANDS THAT SELLER OBTAINED THE PROPERTY BY FORECLOSURE, DEED IN LIEU
OF FORECLOSURE. FORFEITURE OR SIMILAR PROCESS AND CONSEQUENTLY, SELLER HAS LITTLE OR
NO DIRECT KNOWLEDGE REGARDING THE CONDITION OF THE PROPERTY. Purchaser accepts the
Property in "AS IS" condition at the date of the Contract of Sale, including, without limitation, any defects or
environmental conditions affecting the Property, known or unknown. To the extent Seller makes any repairs or
upgrades to the condition of the Property, Purchaser accepts such items in "AS IS" condition at the date of closing,
PURCHASER ACKNOWLEDGES THAT NEITHER SELLER NOR ITS AGENTS HAVE MADE ANY WARRANTIES,
IMPLIED OR EXPRESSED, RELATING TO THE CONDITION OF THE PROPERTY. Seller and its agents shall not
be responsible for the repair, replacement or modification of any deficiencies, malfunctions or mechanical defects in
the material, workmanship and mechanical components of the appurtenant structures and improvements prior or
subsequent to closing, Seller makes no representation or warranty as to whether the Property is connected to or
served by a public sewer or a water supply. In the event that the Contract of Sale contains a statement or
representation to the effect that the Property is connected to or served by a public sewer or water supply,
notwithstanding such statement or representation the Purchaser acknowledges and agrees that such statement
Seller's Initials
Buyers' Initials
HomeSteps Addendum #1 to Contract of Sale (Non-CA)
Version Nov 2006
Page 2 of?
or representation is specifically waived, disclaimed, and rendered null and void, Items of personal property are not
included in this sale, Seller makes no representation or warranty as to the condition of personal property, title to
personal property or whether any personal property is encumbered by liens, Purchaser agrees that Seller shall have
no liability for any claim or losses Purchaser or Purchase~s successors and/or assigns may incur as a result of any
condition or other defect which may now or hereafter exist with respect to the Property.
b, Purchaser understands and acknowledges that neither Seller nor its agents and contractors are expert in the
detection or remediation of mold, mildew, fungus and associated environmental conditions or related adverse
health effects, Purchaser is encouraged, in conjunction with Purchaser's rights to inspect the Property in Section
9 of this Addendum, to inspect the Property for mold, mildew, fungus and associated environmental conditions,
including water leaks from plumbing and sewage pipes and fixtures, and moisture penetration in floors, walls,
ceilings and structural components of the Property. Purchaser understands and acknowledges that, in its efforts
to put the Property in marketable condition, Seller may have hired or may hire contractors to make repairs and
improve the appearance of the Property by, among other things, painting walls, replacing floor coverings, and
cleaning interior and exterior surfaces. Purchaser agrees that neither Seller nor its agents shall be liable for any
claims or losses that Purchaser, Purchaser's family members, Purchaser's successors and/or assigns, or persons
occupying the Property as guests, tenants or licensees of Purchaser may incur as a result of the discovery, after
the delivery of possession of the Property to Purchaser, of mold, mildew, fungus or associated environmental
conditions regardless of whether those conditions existed prior to the delivery of possession or developed
thereafter.
9. INSPECTIONS. Seller authorizes Purchaser, at Purchaser's expense, to make a complete inspection of the Property
within ten (10) calendar days from the final execution date (Seller's acceptance date) of the Contract of Sale. The
purpose of the inspection(s) will be to infonn Purchaser in a written report or reports if the Property is
in a condition materially different than Purchaser expected when making the offer to purchase the Property by executing
the Contract of Sale, Purchaser acknowledges that it is Purchaser's sole responsibility to obtain inspection reports by
qualified professionals on the appliances, structural components, and alterations or additions to the property and to
determine the presence of any environmental conditions affecting the Property and/or any toxic or hazardous
substances on the Property which would make it uninhabitable or dangerous to the health of the occupants, or other
factors regarding the Property about which Purchaser may be concerned, No inspections may be made by any building
or zoning inspector or government employee without the prior written consent of Seller. In the event the inspection
reveals material deficiencies, Purchaser may cancel the Contract of Sale. To cancel in such event, Purchaser must,
within twelve (12) calendar days from the final execution date of the Contract of Sale, provide Seller with written
notice of cancellation, together with the inspection report(s) and a written designation of the deficiencies.
PURCHASER'S FAILURE TO FURNISH WRITTEN NOTICE OF CANCELLATION, TOGETHER WITH THE
INSPECTION REPORTIS) AND THE DESIGNATION OF DEFICIENCIES, WITHIN THE TWELVE (12) DAY TIME
PERIOD SHALL CONCLUSIVELY BE DEEMED PURCHASER'S ELECTION TO ACCEPT THE CONDITION OF THE
PROPERTY AND TO PROCEED WITH THE TRANSACTION,
10. COMPLIANCE CERTIFICATES, Any obligation of Seller to obtain a compliance certificate relating to the Property (such
as a certification relating to smoke detectors) shall not apply in the event the Property is not in habitable condition,
unless otherwise required by law.
11. TERMITESIWOOD DESTROYING INSECTS. Notwithstanding any provision to the contrary in the Contract of Sale,
Seller shall not be required to repair or treat any damage caused by tennites or other wood destroying insects unless
Seller specifically agrees to do so as indicated below,
a. ( 0) Seller shall not repair or treat any such damage caused by termites or wood destroying insects.
b. ( D) Seller agrees to limited repairs and/or treatment of damage caused by termites or other wood
destroying insects.
THE PARTIES AGREE THAT THE COST TO SELLER FOR SUCH REPAIRS AND/OR TREATMENTS SHALL
NOT EXCEED $ 000 If the cost for any such repairs exceeds such amount, then
(i) Purchaser shall be responsible for the cost and expense of any amounts exceeding such termite repair
limit, or (ii) Seller shall have the right to cancel the Contract of Sale and the deposit paid by Purchaser shall be
retumed to Purchaser.
Seller's Initials
Buyers' Initials
HomeSteps Addendum #1 to Contract of Sale (Non-CA)
Version Nov 2006
Page 30f?
12. REPAIRS, Seller's responsibility for any repairs required by Purchaser's prospective lender shall not exceed $ 0,00
, If the cost for any such repairs exceeds such amount, then (i) Purchaser shall be responsible for the cost and
expense of any amounts exceeding such repair limit, or (ii) Seller shall have the right to cancel the Contract of Sale and
return the deposit paid by Purchaser, PURCHASER SHALL NOT HAVE THE RIGHT TO
MAKE ANY REPAIRS TO THE PROPERTY PRIOR TO CLOSING.
13. INDEMNIFICATION, Purchaser agrees to indemnify Seller and fully protect, defend and hold Seller, its tenants, agents,
employees and contractors, harmless from and against any and all claims, costs, liens, loss, damages, attorney's fees
and expenses of every kind and nature that may be sustained by or made against Seller or any damage to the Property
of any adjoining property, or any injury to Purchaser or any other persons that may result from or arise out of inspections
made by Purchaser or its agents, employees and contractors prior to closing,
14. FINANCING. The type of financing shall be as follows (check either paragraph a, bar c below as applicable):
a. ( 0 ) Purchaser shall apply for Freddie Mac special financing from a participating lender in the form of a
first mortgage secured by the Property in the amount of $ which amortizes over a period of
_ years at the prevailing interest rate at time of loan application, Under this financing, Purchaser will not
be required to obtain mortgage insurance so long as the sale closes on or before the date specified in
Section 4 of this Addendum.
b. ( 0 ) Purchaser shall apply for financing from a third party financial institution in the fonn of a first mortgage
secured by the Property in the amount of $ Purchaser agrees to accept a prevailing rate of interest
at the time of closing, Also check one of the following as applicable:
( D) Conventional, (0 )FHA, (0 )VA,
( D)Other:
c, ( I2l ) Purchaser shall pay ALL CASH at closing, with no financing involved in this transaction,
15. APPLICATION FOR FINANCING. If this sale is being financed, Purchaser shall have five (5) business days from the
final execution date of the Contract of Sale to make loan application, The Contract of Sale may be canceled by Seller in
the event Purchaser is not "prequalified" by a iender within seven (7) business days from the final execution date of the
Contract of Sale,
16. NOT CONTINGENT UPON PURCHASER'S SALE OF REAL ESTATE, Notwithstanding any other provision of the
Contract of Sale (including, if applicable, any financing contingency), in no event shall this Agreement be contingent
upon the ability of the Purchaser to sell or close other real estate owned by Purchaser.
17. CLOSING COSTS/CONCESSIONS,
a, REGARDLESS OF LOCAL CUSTOM, REQUIREMENTS OR PRACTICE, AND NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THE CONTRACT OF SALE OR ANY OTHER ADDENDA, SELLER WILL
NOT PAY ANY FEES COSTS OR EXPENSES NOT EXPRESSLY PROVIDED FOR IN THIS ADDENDUM.
b. Purchaser shall pay all of a purchaser's customary closing costs (which shall include lender charges,
survey and any FHA/VA non-allowables), except for Seller's contribution toward such closing costs,
The amount to be contributed by Seller toward closing costs shall not exceed $ 0.00 , Seller's
contribution may be applied to any or all of the following actual expenses: FHA or VA non-allowables,
non-recurring closing costs, discount points, loan origination fees, other customary and reasonable
lender fees and pre-paid expenses, survey, appraisal and home warranty. In the event the total of
closing costs are less than the amount of Seller's contribution toward closing costs, then Seller's
contribution shall be limited to the total of such actual closing costs, In any event, Seller will not be
obligated to make a contribution toward any closing costs if Purchaser does not pursue and obtain the
financing specified in Section 14 of this Addendum,
c. Purchaser may choose the title insurance company for the closing. If Purchaser agrees to use the title insurance
company utilized by the Seller's attorney or agent, then Seller agrees to pay for Purchaser's Owner's
Title Policy, SELLER WILL NOT BE OBLIGATED TO PAY ANY PORTION OF THE COST OF
AN OWNER'S TITLE POLICY IF THE POLICY IS NOT OBTAINED FROM THE TITLE INSURANCE COMPANY
UTILIZED BY SELLER'S AHQBNj:,'( OR AGENT
Seller's Initials
Buyers' Initials
HomeSteps Addendum #1 to Contract of Sale (Non-CA)
Version Nov 2006
Page 4 of 7
18. TRANSFER TAXESITAX STAMPS. Seller is exempt from payment of state taxes and tax stamps on deeds,
mortgages and notes (12 U,S,C 1452(e)) and if payment of such state taxes or stamps is necessary to record
the deed or mortgage, the tax will be paid by Purchaser and will not be considered part of closing costs.
19. DEFAUL T/REMEDIES, In the event that either party fails or refuses to proceed to settlement for any reason
(except for reasons permitted or authorized by the Contract of Sale or this or other addenda), Purchaser and
Seller acknowledge and agree that the economic consequences of such action by either party, considered at
the time of contract formation, are speculative and uncertain, In such event, Purchaser and Seller agree that
the recovery of liquidated damages is a suitable and preferable alternative to remedies that might otherwise
be available at law or in equity, Therefore, in the event that Seller fails or refuses to proceed to settlement in
violation of the Contract of Sale, Purchaser's sole and exclusive remedy shall be the recovery of liquidated
damages in the amount of one thousand dollars ($1,000.00). Seller shall promptly tender said sum upon
demand from Purchaser. In the event that Purchaser fails or refuses to proceed to settlement in violation of
the Contract of Sale, Seller's sole and exclusive remedy shall be the recovery of liquidated damages in the
amount of one thousand dollars ($1,000.00), Purchaser shall promptly tender said sum upon demand from
Seller, Purchaser and Seller each agree to accept the specified liquidated damages as full and complete
compensation for any and all claims, whether founded upon contract, tort, statute, or otherwise, that may
arise in connection with the failure or refusal of the other party to proceed to settlement in violation of the
Contract of Sale, and Purchaser and Seller expressly waive and disclaim any and all further claims and
remedies including but not limited to injunctive relief, specific performance, the filing of a notice of lis pendens,
and claims for monetary compensation including but not limited to benefit-of-the-bargain damages, lost
profits, lost rental income, expenses incurred in preparing for settlement, and all other costs, expenses,
compensation and damages of whatever nature whether founded upon law or in equity.
20. ASSIGNMENT, Purchaser may not assign this Contract of Sale without the express written consent of Seller.
Any attempted assignment by Purchaser shall be void and shall constitute a material breach of this Agreement.
21. PURCHASER'S REPRESENTATIONS, Purchaser represents that:
i. Purchaser Dintends 0does not intend to occupy the Property as Purchaser's primary residence,
ii. Purchaser Dis 0 is not related by blood or marriage to the previous owner of the Property.
iii, Purchaser Dis El is not currently an active supplier approved to perfonn paid services for HomeSteps
or a relative of the supplier.
iv, FREDDIE MAC EMPLOYEES AND THEIR IMMEDIATE HOUSEHOLD MEMBERS, ARE PROHIBITED
FROM PURCHASING HOMESTEPS PROPERTIES, Purchaser or a member of Purchaser's immediate
household Ois 0is not an employee of Freddie Mac, (An immediate household member means a
member of the employee's family who currently resides in the employee's home, a non-resident spouse,
and a non-resident minor child or dependent for whom the employee has responsibility.)
v. If Purchaser is a HomeSteps Supplier (as defined in "HomeSteps' Supplier Code of Conduct"), or an
employee and/or immediate family member of a HomeSteps Supplier, Purchaser represents that
Purchaser has not accessed HomeSteps information including the Property's valuation and/or analysis,
provided ancillary services such as "trash-outs" and maintenance (including but not limited to lawn care or
repairs to the Property), or participated in the management of the Property at any time during the entire
property management and sale process; and Purchaser represents that Purchaser will not engage in any
such activities.
PUCHASER ACKNOWLEDGES THAT SELLER WILL RELY ON THE FOREGOING REPRESENTATIONS,
AND ANY MISREPRESENTATION SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT.
22. ACCEPTANCE OF DEED. The acceptance of a deed by Purchaser shall be deemed to be a full performance
and discharge of every agreement and obligation on the part of Seller to be performed pursuant to the
provisions of the Contract of Sale. Upon the acceptance of a deed the Contract of Sale shall be deemed to
Seller's Initials
Buyers' Initials
HomeSteps Addendum #1 to Contract of Sale (Non-CA)
Version Nov 2006
Page 5 of 7
be merged into the deed and the Seller's obligations to Purchaser shall be governed solely by the terms of the
deed and shall be a bar against any action by the Purchaser against the Seller for any claim based upon the
Contract of Sale,
23. REAL ESTATE COMMISSION. The real estate commission shall be paid to the Listing Broker pursuant to the
terms of a separate agreement between Broker and Seller as follows (check either "a" or "b" below):
a, (IZJ) The real estate commission due the Listing Broker, subject to any existing referral agreement,
shall be 6.00 % of the contract sale price. OR
b. (D) The real estate commission due the Listing Broker, subject to any existing referral agreement,
shall be the minimum flat fee of $
The closing agent is authorized and directed to pay Broker's fee from the sale proceeds at closing, No fee shall be paid
to Broker unless closing is completed.
24. HOMEOWNERS ASSOCIATION ASSESSMENTS, Seller shall not be responsible for any homeowner's association
assessments that accrued prior to the date Seller acquired the property.
25. NOTICES, Any notices required to be given hereunder shall be deemed delivered when actually received when
delivered by hand or overnight delivery. Such notices shall be deemed delivered five days after mailing when mailed by
first class mail, postage prepaid, Notices sent by fax or electronic mail shall be deemed delivered when received with
confirmation of successful transmission to the appropriate designated fax number or e-mail address during regular
business hours (Monday through Friday from 9:00 am to 5:00 p,m, recipient's local time). Fax transmissions and e-mail
received outside regular business hours shall be deemed delivered the next business day, All notices to Seller will be
deemed sent or delivered to the Seller when sent or delivered to Seller's listing broker, agent, or attorney, All notices to
Purchaser will be deemed sent or delivered to Purchaser when sent or delivered to Purchaser or Purchaser's agent or
attorney, All notices or disclosures that may be delivered by Seller may be delivered by Seller's agent or attorney.
26. KEYS, Purchaser acknowledges that the Property may be on a master key system to enable access by Seller and its
suppliers, Purchaser acknowledges that Seller recommends that Purchaser re-key the Property after closing,
27 . ATTORNEY REVIEW, Purchaser acknowledges that Purchaser has had an opportunity to consult with legal counsel
regarding this Agreement. Accordingly, the Parties agree that the tenns of this 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 legal effect of the provisions of this Agreement.
28. SEVERABILITY, The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, all of which shall remain in full force and effect.
29. ALTERNATIVE DISPUTE RESOLUTION. In the event that the Contract of Sale to which this Addendum is made a part
contains a form of altemative dispute resolution other than through resort to legal action, if that form of alternative dispute
resolution seeks to impose a binding method of resolution or settlement then Purchaser and Seller agree that such
alternative dispute resolution term shall be of no force or effect, and is hereby revoked,
30. LEGAL FEES, In the event that the Contract of Sale to which this Addendum is made a part contains a provision that in
the event of recourse to legal action to enforce the Contract of Sale the prevailing party shall be entitled to recover
attorney's fees, then Purchaser and Seller agree that such attorney's fees provision shall be of no force or effect, and is
hereby revoked. Purchaser and Seller agree that each party shall be responsible for its own attorney's fees in any action
to enforce the provisions of the Contract of Sale,
Seiler's Initials
Buyers' Initials
HomeSteps Addendum #1 to Contract of Sale (Non-CA)
Version Nov 2006
Page 6 of 7
31. ADDITIONAL CONDITIONS,
Buyer not eligible for 2~yr HOW-Proof of cash attached
THE UNDERSIGNED APPROVE AND ACCEPT THIS ADDENDUM AND ACKNOWLEDGE THIS ADDENDUM TO BE A
PART OF THE CONTRACT OF SALE. IN THE EVENT ANY PROVISION OF THIS ADDENDUM CONFLICTS WITH THE
TERMS OF THE CONTRACT OF SALE. THE PROVISIONS OF THIS ADDENDUM SHALL CONTROL
SELLER:
PURCHASER(S):
FEDERAL HOME LOAN MORTGAGE CORPORATION
BY:
BY:
TITLE:
BY:
DATE:
DATE:
Seller's Initials
Buyers' Initials
HomeSteps Addendum #1 to Contract of Sale (Non-CA)
Version Nov 2006
Page 7 of 7
Project: Neighborhood Stabilization Program
Folio Number: 37285360004
Property Address: 475 Golden Gate Boulevard East
SUBSTITUTE SIGNATURE PAGE
Date Property acquisition approved by BCC: October 27,2009, Item 1608
AS TO PURCHASER:
DATED: ~\1Jo.r1 SI'20ID
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLlER--9~UNTY, FLORIDA ^
BY: Jh.,tL ~). Cr:t'X.~
Fred W, Coyle, Chairman.!
"Bj~
Atttst II to
.1qqtur'e 1)1I..
AS TO SELLER:
DATED:
FEDERAL HOME LOAN MORTGAGE
CORPORATION, By Florida Default
Law Group, its Attorney in Fact
BY:
Printed Name
Title
Approved as to form and
legal sufficiency:
~ h'\-''.~,-,-(c
Jennifer' . White ~
Assistant County Attorney
~
HomeSteps'
Un:J,iJ,'\I"\I1Ll
Commission Authorization
FHLMC Loan #
723476613
Closing Attorney/Escrow Name
PHYLLIS BITTEL
Property Address
475 GOLDEN GATE SLV E, NAPLES, FL, 34120
Buyers ~ame
Collier Counly Florida
Sales Price $ 86130.00
Asset 10#
707193
Approved Commission~~.Yo or $ 5167.80
INSTRUCTIONS TO PA Y COMMISSION
List Broker
Amount $ 258390
%2:9~
Company Name:
AAIM RLTY GRP INC
Address:
1421 COLONIAL BLVD
City/State:
Fort Myars/ FL33907
Listing Broker Name: RODGER BEVINGTON
Selling Broker
Amount $ 2583.90
%300
Company Name:
Collier County Florida
Address:
City/State'
Listing Broker Name: Gary Bigelow
TOTAL COMMISSION
Amount $ 5167.80
THIS COMMISSION INSTRUCTION IS IRREVOCABLE O~ THE PART OF THE
UNDERSIGNED.
HomeSteps
Sales Specialist
Date:
The above named Brokers hereby approve the above commission and/or referral fee and demand
is hereby made tor the same at the close of escrow.
Listing Broker "lame
RODGER BEVINGTON
Selling Broker Name
Gary Bigelow
Brok~r Signature
Broker Signature
Llcense No
License No
~
HomeSteps
Asset #: 707193
Properly Address: 475 GOLDEN GATE SLV E
NAPLES, FL 34120
PROPERTY CONDITION ADDENDUM AND RELEASE
This Property Condition Addendum and Release ("Addendum") is made a part of the contract of purchase and sale
("Contract") dated ,20_, between Federal Home Loan Mortgage Corporation ("Seller") and
Collier County Florida ("Buyer") for the property located at:
475 GOLDEN GATE SLV E, NAPLES, FL, 34120 ("Property"), and
to the extent that any provision of this Addendum conflicts in whole or in part with any provision of the Contract, the
provisions of this Addendum shall control.
Buyer acknowledges that Seller, or Seller's agents, contractors or representatives, have provided Buyer the following reports
or other documents ("Reports") containing infonnation regarding the condition of the Property:
INITIAL
INSPECTION TYPE
REPORT
REOUESTED
DATE
DATE
COMMUNICATED
TO BUYER
Termite
12/22/09
1/14/10
Buyer acknowledges and agrees that the Reports have been provided for informational purposes to permit Buyer to take such
further action as Buyer deems appropriate with respect to inspecting or investigating the condition of the Property. Buyer
acknowledges and agrees that Seller, and Seller's agents, contractors or representatives, have not made any representation or
warranty concerning: (i) the accuracy of the information contained in the Reports; (ii) the completeness of the information
contained in the Reports; or (iii) the qualifications or competence of the persons making the Reports.
HomeSteps Property Condition Addendum and Release Version June 2005
Page 1 of2
Buyer acknowledges that one or more of the Reports may indicate that one or more species of mold or microscopic fungi
may be, or may have been, present within the dwelling or other structures or improvements located at the Property. Buyer
understands and agrees that mold or microscopic fungi may pose health risks to all persons, and that children, elderly
persons, and persons with immune system deficiencies, allergies or respiratory problems, may be particularly susceptible to
exposure to mold and microscopic fungi.
Buyer acknowledges that the Property is being purchased in its '" AS IS" condition, and that Buyer has taken into account the
contents of the Reports in agreeing to the purchase price for the Property, and the other terms and conditions of the
transaction.
In the event Buyer was provided with one or more of the Reports after the final execution date of the Addendum # 1 To
Contract of Sale (Single-Family Real Estate Disposition) ("Addendum #1"), then Buyer shall be entitled to a further
inspection and cancellation period as described in paragraph 9 of Addendum #1, Buyer shall have an additional period often
(10) calendar days from the date of this Addendum to make the inspection, and shall have an additional period of twelve (12)
calendar days from the date of this Addendum to cancel the Contract. and for that limited purpose the terms of paragraph 9 of
Addendum #1 are incorporated herein by reference as if fully set forth in writing except as amended to conform to the intent
of this Addendum, The further inspection and cancellation period shall apply with respect only to the subject matter ofthe
Reports provided to Buyer after the tinal execution of Addendum # I.
Buyer acknowledges and agrees that the information contained in the Reports shall not be considered in any way to constitute
representations by Seller of the condition of the Property or whether the Property is in compliance with any applicable
federal, state or local government laws or regulations. Buyer, for him/herself, heirs and assigns, tenants, licensees, and on
behalf of any and all of Purchaser's minor children, agrees to fully and forever waive, release, discharge and hold harmless
Seller, Seller's agents, representatives, employees and contractors, from any and all claims, causes of action, injuries,
illnesses, damages, losses, costs or expenses of any kind, whether based upon contract, tort or statutory liability, sustained or
arising directly or indirectly from, or in connection with any known or unknown condition of the Property,
SELLER: BUYER:
FEDERAL HOME LOAN MORTGAGE CORPORATION
By:
By:
Title:
By:
Date:
Date:
HomeSteps Property Condition Addendum and Release Version June 2005
Page2of2
Project: Neighborhood Stabilization Program
Folio Number: 37285360004
Property Address: 475 Golden Gate Boulevard East
SUBSTITUTE SIGNATURE PAGE
Date Property acquisition approved by BCG; October 27,2009, Item 1608
AS TO PURCHASER:
DATED: ~~r4 CSI~[O
A TTE:ST:
DWIGHT E, BROCK, Crerk
Attest.. to a.tl
~ 1 QIlat"" (lfI,.
AS TO SELLER:
DATED:
Approved as to form and
legal sufficiency:
~~ \2,-,\~ CL
Jennife . White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLlER,(?9,JJ.N. TY, FLORIDA
By:/1 .Jl t,) C"..., .~
Fred W. Coyle, Chairrna )
FEDERAL HOME LOAN MORTGAGE
CORPORATION, By Florida Default
Law Group, its Attorney in Fact
BY:
Printed Name
Title