As Is Contract for Sale and Purchase #1
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS. AND THE FLORIDA BAR
"As Is" Contract For Sale And Purchase
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PARTIes: COLLIER COUNTY.s Political Sul;>division of the State of Florida ("SeNer"),
and PEDRO A. CARMONA & ENEIDA I. RODRIGUEZ, husband and wife ('Buyer"),
hereby agree that Seller shall setl and Buyer shall buy the following described Real Property and Personal Property (colectlvaly "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 Real Property located in Collier County, Florida: The East 75 feet of
West 180 feet, Tract 35, Golden Gate Estates, Unit 11, Plat Bk 4, Pqs 103-104, Collier County, FL
(b)Streetaddress.eity, zip, of the Property: 781 Golden Gate Boulevard West, Naples, FL 34120
(e) Personal Property includes existing range(a). refrigerator(s). dishwasher(s) , ceiling fan(s). light flxture(s). and window treatment(s) unless
specilically excluded below.
Other items Included are: Central A/c. Six (6) Ceiling fans, Garage Door Opener.
Items of Personal Property (and leased Items, if any) excluded are:.........JiL. A
15" II. PURCHASE PRICE (U,S. currency):........,.."""....."",........,....,."".,.."..",.. $ 126,300,00
16 PAYMENT:
17" (al Deposit held in lISCl'OW by. STEWART TITI..I;____.('Escrow Agen111n the amount of (checks subject to cJearance) $ 1, 000 . 00
18' Escrow Agent's address: 383' TO"""" Trill NOI\Il, Suill A. NIpl"._~l.s!,_ ___.Phone: 239-262-2163
19" (b) AddltlonBl escrow dePOsit to be made to Escrow Agent WIthin 15 dayB after Effecttve Date In ttle amount of. , , . . . . , . .
20" (c) Rnancing in ttl8 amount of rLoan Amount") Bee ParllQfllph IV bwIow . , , , , . . .. , , , . . . , . . , , ' , , . , , . , . . , , , . , , , . . ' . , ,
21" (ll) Other ~,~!?~,E;, ~.J;~?~. P,;!i, ::rn~P.tr9R ,:j.p ",' ,,'.. '..",.."..,,, "...... ...............,'..'....
22 (e) 6illance to close by cash, wire transfer or LOCALLY DRAWN caBhier's or ofllcial bank Check(s), subject
23" to adjU$lmentB or prorallona . .. .. . , . .. , , " .. . .. .. .. .. .. , . , . , . , , , .. , . .. ,.. ....,.'""."""..,.,...",..,.' $
24 Ill. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (8) 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 15 Days . the deposi1(s) WIll. at Buyer'soption, be returned and this offer withdrawn, \,IAIM' elMl'
:6+ 'JAII "IIleG, *. time for llllll8p'llRG8 af any s8WAt8Al#8A1 81:1all D8 a deye fAlm tl:l8 date 'II. SllwAt8,,"'r I' d811'18_.
28 (b) The date of Contract ("Effective Date") will be the date wlhen the last one of the Buyer and Seller has signed or Initialed this offer or the
29 final counteroffer, If such date is not otherwise set forth in this Contract. then the "Effective Date" shall be the date determined above for
30 acceptance of this offer a~ If 8f3~lillallle, '!=Ie fiRal ee\lAterelfer.
31 IV. FINANCING:
32" 0 (8) This Is a cash transaction with no contingencies for financing;
33. !i (b) ThIs Contract is contingent on Buyer obtaining written loan commitment wlhlch confirms undelwritlng loan approval for a loan to purchase
34" the Property (.Loan Approval") within _ days (d blank. then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONlY
35. ONE): !i a fixed; 0 an adjustable; or 08 fixed or adjustable rate loan, In the Loan Amount (See Paragraph 1I.(c)) at an initial Interest rate not to
36" exceed 6 . 0 <:%, and for a term of ~ years. Buyer will make application within _ days (If blank, then 5 days) after Effective Date,
37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval: notify Seller in writln9 of receipt of Loen Approval by Loen Approval
38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which reqUres 8 condition related to the sale of other property shaI
39 not be deemed Loan Approval for purposes of this subparagBph. 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 SeIer, SaUer's attomey,
41 real estate Ilcensee(s). and 006ing Agent.
42 SELLER: If Buyer does not deIlver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 delveling written noIlce ("SeIIer's Cancellation Notice") to Buyer, but not later than seven (7) days prlor to Closing. Seller's CanceBation Notice st1alI
44 notify Buyer that Buyer has three (3) days to deIivef to Seller written notice walvi1g this Financing oontlngency, or the Contract shaI be cancelled,
45 DEPOSIT(S) (for purposes of this Financing Paragraph lV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter elther party elects to cancel this Contract. the deposit(s) she" be returned to Buyer. If Buyer obtains Loan
47 Approval or waives this Financing contingency. and thereafter the Contract does not close, then the deposlt(s) shaI be paid to Seller; provided how-
48 fNeI, if the fa~ure to close is due to: (i) SeJler's fam or refusal to close or Seller otherwise fals to meet the terms of the Contract. or rill Buyers lender
49 lala to receive and approve an appraisal of the Property in an amount sufllcient to meet the terms of the Loan Approval, then the depos~(s) shaN be
50 returned to Buyer,
51 - Q (e) Assumption of existing mortgage (see rider for terms); or
52. Q (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: N. least ~ days (If blank. then 5 days) before Closing a title insurance commitment with legible coples of Instruments ll8ted 8S
54 exceptions attached lherelo ("Title Commitment") and, after Closing, an owner's policy of thle nsurance (see Standard A for terms) shall be obtained by:
55" (CHECK ONI.Y ONE): Q (1) Seller, at Seller's expense and delivered 10 Buyer or Buyer's attorney; or
56" III (2) Buyer at Buyer's expense,
57" (CHiCK HIiRiii)i 0 If ~ aI:letFaet ef litle is te ge ~rAj6ReellAeteael ef lille iAB\:IrfIRee. lIfIEI altlMlR fiEler fer lefffi6,
58" VI. CLOSING DATE: This transaction shall be closed and the closing documents deivereCl on USEE LINE 119 rOosing'), unless
59 mocified by other provisions of this Contract, In the event of extreme weather or other condIliooll or events consmuting "force majeure", Closing WIll be
60 extended a reasonable lime lJ1liI; (i) restoration of utilities and other seMces essential to Ooslng, and OQ avaiIablity of Hazard, Wind. Flood. or Homeowners'
61" insu'ance. n such oonditions continue more than _ days (if blank, then 14 days) beyond ClosIng Date, then either party may cancel this Contract.
FARl8AR ASlS-2 Rev, 9/07 C 2007 FJOfida Association of Rt;At,TQRS" and The FlOrida Bar AI Rights Reserved Page 1 01 5
$ 2,789.00
$-g?-, '251.00
$ 25,260.00
0.00
~.
~
62 VII. RESTRICTIONS: EASEMENTS; UMITATIONS: Seller shall ~ marKetable title subject 10: comprehensIVe land use plcrIs, zoning,
63 restrictions, prohibitions and other requirements Imposed by governmental authority; restrictions and matters appecring on the plat or otherwise
64 common to the subdivision; outstanding oil, gas and minerai rights of record without right of entry; unplatted public utllity easements of record
65 (located contiguous to real property lines and not mo~ than 10 feet In width as to the rear or front lines and 7 1/2 feet In width as to the Side
66 lines); taxas for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any Qf additional items, see
67" addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for res ident ial
68" purpose(s),
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless olt1efWfse stated herein. If PlefilsFt;. ia IA.llASSel
~ to be """tell er ees",,,,leel B9')'eA8 QleeiAg, tt:le feet aRB t9l'ffi811'1elesf af1sltIe teF4af1t(a) er eee~SAle sAalll3e Elleels889 "IoIF6ll16At te .~ I'"' EtflMEl8A:I
~ F, If eeet:l[illlf\&y is te Be aeliYenla Iilefele ClesiA!J, BU)'er aB8IJl'fles ell rlsl<s sf le66 Ie Pre!l9Ry fieA'! Elate el eee"'fil8Aey, &hall Be lellfileFl8i13le aAElllel3ls
~ feI ffi8IR1SRElA99 freffi It:lat Elate, IIAa eJ:lll1I Be aeeffieElle RaYe aS99fillea PFefilSRy if! its elliat!Ag seASitieA ae sf tlFAlil gl akiA8 g~loI!laFI9}'.
73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro-
74 Visions of this Contrect in conflict with them.
75" X. ASSIGNABIUTY: (CHeCK ONLY ONE): Buyer I,J may assign and thereby be released from any further liability under this Contract; 0 may
76* llSslgn but not be released from liability under this Contract; or III may not assign this Contract.
77 XI. DISCLOSURES:
78 (8) The Property may be subject to unpaid special assessment IIen(s) imposed by a pubHc body ("public body" does not Include a
79 Condominium or Homeowners' Association). Such lien(s),1f any, whether certifled, confirmed and ratified, pending, or payable in installments,
80' as of Closing, shaI be paid BS follows: 1:1 by Seller at closing III by Buyef (If left blank. then Seller at Closing). If the amount of any
81 assessment to be paid by Sener has not been linaly determined as of Closing, Seier shaH 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 buRdings in Florida.
85 Additional Information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occuning and may cause health riSks or damage to property, If Buyer is concerned or desires additional informatlon
87 regarding mold, Buyer should contact an approprlata professional.
88 (d) Buyer acknoWtedges receipt of the florida Energy.Efflciency Rating Information Brochure required by Section 553,996, F.S,
89 (e) I' lt1e Real Properly includes pre-' 978 residential housing, then a lood-based paint rtder is mandatory.
90 (f) If SeIer Is a "foreign pereon' as defined by the Foreign Investment in Real Proparty Tax Act. the parties shall compiy with that Act,
91 (g) BUYER SHOULD NOT exECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TIONlCOMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISClOSURE SL..MW.RY: Bl.NER SHOJLD NOT RaY ON THE SElLER'S ClHlENT PRa'ERTY TAXES AS THE AMOUNT
94 OF PROPERlY TAXES ~T THE BLNER MAY BE OBUGATED TO PAY IN THE YEAR SUBSEQUENT TO PlJRCHo\SE. A CHIl.NGE OF CJIM\ER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF1l-E PROPERTYTH<\T COUD RESULT IN HiGHER PROPERlY TAXES.
96 IF YOU KA.VE /W'( OUESllONS CONCERNII\G VAL.UAl1ON, CONTACT TJ-E CQl.X'o.fTY PROPERlY APPfWSER'S OFFICE FOR INFORt>MllON,
97 XII. MAXIMUM REPAIR COSTS: DELETED
98" XIII. HOME WARRANTY: 0 Seliar Q Buyer IllI NlA will pay for a home warranty plan Issued by
99" at a cost not to exceed $ , .
, 00' XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ...2.- days from Effective Date (alnspection Period") within
'0' which to have sueh inspections of the PropfItty performed as Buyer shall desire and utilities service shalf be made available by the
'02 Seller during the IfIBPO{:tJon Period; (b) Buyer shall be responsible for prompt payment for BUCh inspeGt/ons and repelr of damage
, 03 to fJlJd restoration of the Property rew/ting from such Inspections and this provision (b) shall survive termination of this COntract;
104 and (a) if Buyer determines, In Buyer'a sole discretion, that the Property is not acceptable to Bu~r, Buyer may aaneel this Contract
105 by delivering facalm/le or written notice of such election to s.J/er prior to the expiration of ths Inspection Period. If Buyer timely
'06 cancels this Contract, the deposlt(s) paJcJ shall be Immediately returned to Buyer; thereupon, Buyer and Seller shall be reIeas<<I of
'07 all further obligations under this Contract, except as provided In this Paragraph XIV. Un/sA Buyer exercises the right to cancel
108 granted herein, Buyer accepts the Property In Its present physical aondition, 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 Improvementa
l' 0 required by Buyer'a lender.
111 xv. RIDERS; ADCENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
1'2" 0 CONDOMINIUM CI VNFHA CI HOMEOWNERS' ASSN. 0 l.EAD-BASED PAlm CI COASTAL CONSTRUCTION CONrnOL LINE
, , 3" C1INSULATION 0 EVIDENCE OF l1TLE (SOUTH FLORIDA COmRACTS) 0 Other Corrprehensive Rider Provlslons 0 Addenda
"4" Special Clause(s):
"S' .'BUYER WILL RECEIVE$37,890FROM THE COLLIER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM. BUYER WILL USE
"6" $25,260 (20\ OF THE PURCHASE PRICE) FOR PRINCIPAL REDUCTION AND THE REMAINING BALANCE OF$12,630 WILL BE USED
117' FOR CLOSING COSTS, PREPAID ITEMS AND ANY DISCOUNT POINTS ASSOCIATED WITH THE FIRST MORTGAGE TRANSACTION.
l' e"
"9" ""THE TRANSACTION SHALL BE CLOSED ON OR BEFORE 90 DAYS FROM EFFECTIVE DATE,
'20-
'2'"
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'24"
125"
126 XVI. "AS IS. STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknOWledge receipt of a copy
127 01 'AS IS' Standards A through Z on the reverse side or atlached, which are incorporated as part of this Contract.
FARIBAA ASIS.2 Rev, 9107 C 2007 Florida Association of ~Tt:As" and The FIOIlda Bar All Rights ReseMld Page 2 of fj
128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FlORIDA ASSCX)IATION OF REALTORS" AND THE FLORIDA BAR,
131 Approval cIOOs not eonstitute an opinion that any of the terms and condtions in this Contract should be accepted by the parties In a
132 particular transec . Terms and conditions should be negotiated based upon the respective Interests, ob)eCtlve6 and bargaining
133 positions of al interested persons.
134 WING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED,
135" "lI.
136 (BUYER)
(DATE)
or-z';'-IO Seller Sianature Below
(DATE) (SELLER)
,~_..:> '? _/0 Seller Sianature Below
(tJATEJ {SELLER) JDATe)
WHISTLERS GREEN Seners' address for purposes of notice c/o CC RPM ,Building W,
3301 e, Tamiami Trail. Naoles. Florida 34112
141" 239-692-7077 Phone (239)252-8991 Phone
142 BROKERS. TIle eFehel'8 Ill'lelllEllA1J eeefjeFaUAfiI el'8llel'8, If SA'!') FlElA'teEll'>ele'I> 9l'8 tt:!a et'lt/ Ill'elEel'8 aRmieS ta e&R'llleRlll!lti!R iR seRAs.I!", vJitt:!
1 ~3 lRie C9Rlfgei!
144'~,,,,,.
+46
CeelJel'lttlflll 81'8keP8, if 8AY
l.ietlfll Bl'llker
CONVEYANCE APPROVED BY BCC:
DECEMBER 1, 2009 - ITEM 17B
DATED:
t/ I J-S' / ;:;-01 0
ATTEST:
DWIGHT E. BROCK
SELLER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED
.,It 11-.> .
,,~ont~::-~
'"j L_ ~ ~
as to form
County Attorney
PROPERTY ADDRESS: 781 GOLDEN GATE BLVD. W., NAPLES, FL 34120
FARI8AR ASlS'2 Rev, 9/07 02007 Florida Association of REAl.~ end The Floridll Ber AI Rights Reserved page 3 of 5
146 MAS ISM STANDARDS FOR REAL ESTATE TRANSACTIONS
147 A. TITlE INSURANCE: The Title Commitment shaI be issued by a Aortda bnsed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer,
148 an owner'll poley of title Insurance In the amount of the purchase price. insuring Buyer's marketable title to the Real Property, subject only to matters contained
149 In Paragraph VII and those to be dlecha'ged by Saller at or be10re Closing. Marketable t~le shall be determined according to applicable lltJe Standards adopt.
150 ed by euthority of TI1e Aorida Bar and In accordence with law, Buyer ahall have 5 days from data of receiving the Trtle Commitment to examine~, and If title Is
151 found defective, notify Seller In writing specifying defect(s) wtich render title unmarketable, Seller she' have 30 days from receipt of n01lce to remove the
152 defects, falling which Buyer shall. within 5 days after expiration of the 30 day period, deliver wrttten nofice to Seller either. (1) extending the time for a reason-
153 able period nof to exceed 120 days within which SeIer ahall use diligent effort to remove the defecls: or (2) requesting e refund of deposit(s) paid which 8haIl
154 be retumed to Buyer, If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the tale as ~ then Is. SeUer shall, If t~1e Is found unmarketable,
155 use diligent e1fort to correct defect(s) within the time provided. If. EIfler diligent ell'ort, Seller Is unable to timely correct the defects, Buyer shall either waive the
156 defects, or receive a refund of deposlt{&), thereby releasing Buyer and Seller from alllurther obligations under this Contract, If Seller is to provide the Title
157 Commitment and It Is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so thet Buyer shall hIM! up to 5 days from date of recelpt
156 to examine &ll/T1El in accordance with this "p.s IS' Standard.
159 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a
100 30 day grooe period in the event of defaUlIf a first mortgage and 1115 day grace period If II $BOOnd or lesser mortgage; shall provide for right of prepayment
161 In whole or In part without penalty; shall permit llCCBIllration in BYent of transfer of the Relll Property: sha11 require lilt prior lens and encumbrances to be kepi
162 In good standing; shall forbid modifications of, or futU/8 advances under, prior mortQll9B(s); shall require Buyer to maintain pollcles of Insurance containing a
163 sla1dard mortgagee olause coverlng allmprowments located on lhe AeaI Property against fire and all perlls Inoluded within the term 'extended coverage
164 encIonlements. IInd such other risks and perils as Seller may reasonably require, in IilI1 amount equal to their highest inSUlable valve; iI'ld the mortgage, note
165 and securtly agreement shall be otherwise In fOllT1l1nd content required by Seier, but SeIer may only require clauSes and coverage oustomerily found In mort-
166 gages, mortgage notes and securlty agreements generally utlijzed by savings and loan institutions or state or national bll'lks located in the county wherein the
167 Reel Property is located, /iJ Personal Property 811lI18.1I1111eiAII9ElA''S'YIIIl8l' 8Ilsl11ASll wIl, at Seller'll option, be subject to the lien of a securfty agreement evl-
168 dencad by recorded or filed financing statements or certlflcatll6 of tllle. " a aell9ElA 1OOR1lElll6, tRe RA8I PayFfleAt wllllllleM IAa I*Iriellill ~1i)ffl&AtS IA8FeeA,
169 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and cartl.
170 fled by a registered Florida SUfYll}'Or. If the survey discloses encroachments on the Reel Property or that Improvements loca1ed thereon encroach on setback
171 "nes, easements, lands of others or violate any restrictions, Contract covenants or eppIcable QOVeI'TYTlental regulations, the same shall constitute a t~18 defBCI.
172 D, WOOD DESTROYING ORGANISMS: DELETED
173 E. INGRESS AND EGRESS: Seller warrants and repfe8ents that there Is Ingress and egrees to the Reel Property su1llcient for Its Intended use as described
174 In Paragraph VII hereof and title to thl) Real Property Is Insurable In accordance with 'f>S IS" Standard ^ without exception for lack of legal right of access,
m F: ltJ\8EB. Soller eI-1a11 at 1eB6l1 9 !lays llelef9 O&e"lI, MAIsR 'e Bl.i'l9r eeJjleG sf all wAlleR Ie." aRa ellleJillsllettEIAI ff9~ IIl1liR t~1lAt llIllllllfyiAII tile AatllIB
m ana EIl:IfaflllFl sf tI1e IBAIIRt's SSellllElAB'/. feAl81 Ril96, aWaAeee f9At SRllSGeuRl';' llepssks "alll~' teAliVll, If 88l18r ill WRil9I8 t91l9taiA S\lll'" IlJIllll' fie", 8ll;R IliA
m ant, tRe eame IAteFlAatleA BRan Be ~"'IeRaa ay Ellllar t9 81f;llll' \YilAiA tRIll tlF!:ls JillAlllllR tRe femq at llli:sllsr'lIlfflQII"ll, lIRQ iii' oJW "'IIY tll,r'liIIllll' IllRtIllll tlHl
~ ant te eeAtiFIA SlieR lAIe_tlSR, It tile tllFlAS at tAS lell88e .r R'lateRelr,' fIem 8a1l11''I AlflAlssAtlllleFls, iwyer "'~' t8l""fAale tlli, CIlAtJallllly llell\lllriR9 "1IlU9R
~ Flet4ea tll Seijar at lellllt Ii 88>19 IJIl9r te CIIlllfRg, igijar s"'lIIl, at CI9SlRg, lleiMH' anllllss9l all 8Fl!jR81leases tll 801'jG1'
180 G. UENS: Seller shlI1l fumlah to Buyer at time of Closing an affidavit attesting to the ab8er1ce, unless otherwt8e provided for herein, of any f1nllnclng statement,
181 claims of lien or pOlentiallfenors known to Seller and further attesting that there have been no Improvements or repairs to the Real Property for 90 days InYne-
182 cliately pracedng date of Closing. If the Real Property has been improved or repaired within thaI time, Seller shall deliver releases or waivers of constl1JCl1on
183 liens executed by eI generel contractors. subcontractors, suppliers and materlalmen In addition to Seller's lien affidavit setting forth the names 0/ all sucl1 gen-
184 eral contractors, subcontractors, suppllers and materlalmen, further sflirming that all charges for improvlllTlfll1ts or repairs which could serve as II basis for a
185 construction lien or a claim for damages have been paid or wll be paid at the Closing of lhls Contract.
186 H. PLACE OF CLOSING: Closing shall be hElId In the county wherein the Real Property Is located at the office of the sttornllY or other closing agent ("Closing
187 Agenti deslgnated by the party paying for title Insurance, or, If no tnle insura-lC9. designated by Seller. ' -
188 I. TIME: calendar days shell be used in COI'T'f.luti1g tine periods except periods of less than six (6) days. in which event SaturdayS, SUndays and state or nation-
189 wiegel holidays shall be exc~ded. AAt lime periods pl'O'JIded for herein which shal end on a Saturday. SLnday. or a legal holiday shell extend to 5:00 p.m, of the
190 next buslnllS8 day. Tme II of the 8lllII'lCe In thfs Contract. * StatutorY deed, bill ot sale,
191 J. CLOSING DOCUMENTS: Slll1er shall fumluh the aeee. Bill at asle, 8eAitle!lIe at title. construction lien affidavit, 0'M1er's poesesskln affld8vit, lI&sillFlI'f\llRlll at iliJ8,&
192 8e, tef1llAlllREl """MIIII sllte~!leI1ett9Al and corrective Inslru'nents, Buyer shal furnish mortgllg!l, mortgage note, security agreement and financing statements.
193 K. EXPENSES: Documentary st&nllS on the deed iI'ld recording of corrective Instruments shall be paid by ~ N1 costs of Buyer's loan (whether obtalned*!lI:W
194 from Seller or third party), Including. but not limned to. documentlllY stamps and intangible tax on the purchase money mortgllg!l and any mortgege BSSLITled,
195 mortgagee I~ie InSUfllllC6 commitment with related fees, and recording of purohase money mortgega. deed and financing etatements shall be peid by Buyer,
196 Unless otherwise provided by law er Rfler 19 !Mis C8RtRl9l, charges for related closing services, title search, and closing fees (lncuding Pl9Paration of closing
197 statement). shall be paid by the party responsible for furnishing the title evidence In BCCOI'dance with Paragraph V,
198 L. PRORATIONS; CREDITS: Taxes, 8llseesments, rent, Interest, insurance and other expenses of the Property shall be prorated through the day before CIoslng.
199 Buyer sheI have the oplton of taking over llXlstlng policies of InSU1ll1Ce, if assumable, In which event premkJms shall be prorated, Cash at ClosIng shall be
200 Increased or decreased as may be req.rired by prorations to be made throogh day prior to Closing. or occupancy, If occupancy 0CClJnl be10re Closing, Advanos
201 rent and security deposits will be credited to Buyer. Escrow depos~s held by mortgagee win be credlted to Seller, 1bxes shall be prorated based on the CUlTllnt
202 yefK's tax with dUll wlowance made for maximum a11ow00le discount, homestead and other exemptions, If Closing occurs at II date when the current yellI''s mill-
200 age Is not fixed and CUITer1t yesr's assessment Is aval1OO1e, taxes will be prorated based upon such assessment and prior year's milage. W current year's assess-
204 ment Is not avallab19, then 1exes will be prorated on prior yellI''s tax, If there are completed Il'T1Pf'QVeIT1Bnla on the Real Property by JanulllY 1 at of year of Closing,
205 which improvements were not in existence on JanU8fY 1 st of prior year. then taxes shall be prorated based upon prior year's milage and at an eqlitable assess-
200 ment to be agreed upon between the pertles: falIng which, request shall be made to the County Property Appraiser for av'l Informal assessment taking In10
207 account lMIIable exemptions, A tax proratlon based on an estiTlate shalt, at request of either party. be readjusted upon rec9pt of current yeer's tax bill,
208 M. (RESERVED. purpowly left blank)
209 N. INSPECTION AND REPAlFl: Dl!LI!TIID
210 O. RISK OF LOSS: If. EIfler the Effective Date, the Property is damaged by fire or other CIISuelty ("Casualty Lossi before Ooslng and cost 0/ restoration (Which
211 shall Include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase PrIce, coat of restoration shaU be an obligation of Seller and
212 CIo6lng shall proceed pursuant to the terms of this Contract, and if restoration Is not cOl'f1)leted liS of Closing. restoration costs will be escrowed lit Closing. If
213 ,the cost of restoration exceeds 1.5% of the Purthase Price. Buyer shell either take the Property as Is, together with the 1,5% or receIVe a rotund of deposit(s)
214 thllltlby releasing Buyer and . Seller from all further obligations under this Contract, SeIIer's sole obligation with respect to tree damage by casualty or O1her 1'Ialv-
215 ral occurrence Shllll be the cost of pruning or removal,
216 p, CLOSING PROCEDURE: The deed shall be recorded upon clewance of funds, if the tltte agent Insures adverse mstters pursuant to Section 627,7641,
217 F.S., as amended, the escrow and closing procedure required by this 'AS IS' Standard shllll be walved, Unl$$s waived as set forth above the following
FAAlBAR ASIS-2 Rev, 9/07 C 2007 Ronda AsllOCiatlon of AeA1.~ and The Florida Bar All Rights Reserved Page 4 of 5
218 -AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 closing procedures shlll apply: (1) all Closing proceeds shell be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2)
220 If Seller's title Is rendered unmarketable, through no fault of Buyer, Buyer shall, wlthln the 6 day period. notify Seller In writing of the defect and Seller shall
221 have 30 days from date of receipt of such notification to cure the defect; (3) If Seller fails to timely cure the defect, all deposits and closing lunds shall, upon
222 written demand by Buyer and w~hin 5 days after demand, be returned to Buyer and. simultaneously wlth such repayment, Buyer shall retl.rn the Personal
223 Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) If Buyer fails to make timely demand
224 for refund. Buyer shall take title as is, wllliving all rights against Seller as to any intervening defect except as may be evallable to Buyer by vfrtue of war-
225 rantles eontalned in the deed or bill of sale.
226 Q. ESCROW: Any Closing Agent or esorO'N agent (coIllctlvely . Agent') receMng funds or equtvalent Is authorized and agrees by acoeptanoe of them to depoeIt
227 them promptly. hold same In esaowand, subject to clearence, disburse them In accordance with terms and conditions of this Contract, Failure of funds to
226 clear shall not excuse Buyer's performance, If In doubt lIS to Agent's duties or Ilablitles under the provisions of this Contract, Agent may, at Agent's option, 0011'
229 tinue to hold the subject matter of the escrow until the parties hereto agree to Its disbursement or until a Judgment of a court of competent Jurisdiction shall
230 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute, An attorney who represents
231 a party and also acts as Agent may represent such party In such action, Upon notifying al parties ooncerned of such acllon, all Nabillty on the pert of Agent
232 shaV My terminate. except to the extent of sccountfng for any ~ems prevtously delivered out of escrow, It a licensed real estate broker, Agent will comply wlth
233 provisions of Chapter 475, F.S" as amended, /Vrf suit between Buyer and Seller wherein Agent Is made a party because of acting as Agent here\K1der, or In
234 erry suit wherein Agent Interplead$ the subject matter of the escrow, Agent shall 'ecover reasonable attorney's fees Bnd costs inclJ'red with theBe lImOUnts to
235 be paid from and out of the escrowllCl funds or equivalent and charged and awan:led es court OO$ls 'n favor of thll prevalUng party. The Agvnt shall noI be liable
236 to any party or person for mISdelivery to Buyer or Seller of Items subject to the escrow, unless such misdellvely is due to willful breach of the provisions of this
237 Contract or gross negligence of Agent,
236 R. ATTORIEY'S FEES; COSTS: In any litigation, Including breach, enforcement or Interpretlltlon, arising out of this Contract, the pnMlillng party In such Iltl-
239 gation, which, for purposes of this. /!IS IS' Standard, shall Include Seller, Buyer and any brokers acting In agency or nonagel1CY relationships authorized by
240 Chapter 475, ES" as amended, shaI1 be entitled 10 recover from the non-prevaillng party reasonable atlorney's fees, costs and expenses,
241 S. FAILURE OF PERFORMANCE: If Buyer falls to perform tI1s ContrQct w"hln the time speCified, including payment of all deposlts, the deposlt(s) paid by
242 Buyer and depos"(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated da'rages, consideration for
243 the execution of this Contract and In full settlement of my ctarns; whereupon, Buyer and Seller shall be relieved of all obiigations under this Contract: or Seller,
244 at Seller's option, may proceed in eql.ity to enforce Seller's rights under this Contract, If for any reason other than failure of Seller to make Seller's title mer-
245 ketable after dllgent effort, Seller fails.. neglects or refuses to perform this Contract, Buyer may seek specifIC performance or elect to receive tha retum of Buyer's
246 deposlt(s) without thereby walvlng any eotion for damages resulllng from Seller's breach.
247 T. CON'TMCT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPlES: Neither this Contract nor any notice of it shall be recorded in any public records
248 This Contlact shall bind and Inure to the beneflt of the perties and their successors In Interest. Wh9neY8l' the context permits, singular shall include plural and
249 one gender shall Include all, Notice and delivery given by or to the attorney or broker representing any party shaR be as effective as If glvsn by or to that party,
250 All notices must be In writing and may be made by mail, peIllOnaI delivery or electronic media. A legible facsinile or electronic OnckJdlng "per) copy of Ills
251 Contract and any signatures hereon shall be considered for' all purposes as an original.
252 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory '...'anIlRl;'. 1'1:I8Ise'8. "ar~eRaI P9"P9s9f11l1tl\'e'e. er g\jSF9II111'e deed, as
253 appropriate to the status of Seller, subject only to ma1ters oontained in Paragraph VII and those otherwise accepted by Buyer, Personal Property shall, at the
264 request of Buyer, be transferred by an absolute bll of sale wlth warranty of litle, subject only to such matters as may be otherwise provided for herein,
255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or SeRer unless Included In this Contract, No mod-
256 Iflcation to or change In this Contract shall be valid or binding upon tho parties unless In writing and exeouted by the parties Intended to be bound by ~.
257 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materlal~ affecting the value of the Property which are not reactl~ obsll!Vable by Buyer or
258 which hllVe not been disclosed to Buyer; (2) Seller tmend, and Intem:l$ no wamsnty and mllka no repre8fll1t8tlon of any type. either fllfPrass or Implied.
259 .. to the p/Jy8Ic:sJ cond/flon or history of the Property; (3) SeIfer mu ffK:fllWId no written or 'IfIrlJaf notice from any goVernmental entItY or agency III
260 to a ~lI/TflI1f1y uncorrected bulfdlngr enmnm.maJ or Hfety code violation; (4) SeIfer hili no fmowledge of any repairs or Improverrrenr. made to the
261 P/'f)perly wffIIollt compf;an~e with gOVlmmlKlta/ regufation which have nor been dhsclowd ro Buyer.
262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property. InckJdlng,
263 bUt not Im~ed to lawn. shrubbBly, and pool In the cond'rtion existing as of Effective Date, ordinary Wf1fJ/' and teer and Casuelty Loss excepled. Seller shall. upon
264 llIasonable no1ice, provide utili11es service and accesa to the Property for appraisal and Inspections, ilcludlng a walk-through prior to Closing, to con1lrm that
265 all Items of Personal Property are on the Real Property and that the Property has been maintained as reQuired by this . AS IS' Standard. Seller will assign all
266 assignable repair and treatment contracts and warranties to Buyer at Closing,
~ V 19311iXCJol,J>jljQlillf e~8r Sillier er 8wYl1l' vileR te uRlllr !Ale 8 IIk8 Iliflll8llBhaAge lellRlIr SIFflllltaABllllS wIlIl C1eslflll er IlSf8lrl'BIl) '.'Ml HlllfilB91 te t~8 PP91leAy
* wRller SautleR 1031 sf tAll IAlEill'lallilweAlle Cella ("ix9Aangs'), ttle etRar /lIlI+, 9I'1al1 asellaF8te IR aI P9l11BaFlallle RlSl3eele Ie e1fs9ll:illle lAe Ellellllf1l!ll. IAUlllS
~ IFlll tfl8 _wlieR ef llaallFfleRt6; ~~llaEI (1) t"'e eeEl"8ratiAg ,,1IIt1 sf18lllAalJr Re 11.;111>' er Slll3BASa relatas te tRa ElIElABAla BAS (2)1*le CleBlRll &hell "lII lle
370 eeAlifllleAlllflUA, AIlI' enlllRseller Ilelayee ll~, 8t1e'" ~eRlIf1l1e.
271 Z. BUYER WAIVER OF ClAIMS: Buyer WaMI' any claims apa/nlt S.Rer and, to the eKtOnt permitted by few, .,.1#1" My 1'ftfI: 1M'. fie/lj_e 11l~"lwId
272 in the fIf/9Ofiafion of the Contract, for any defects or uther dlllTl8ge that may ex;" at Closing of the Conf1llct and De subsequentfy dt.covered by the
273 Buyer or anyone cJII1m1nf/ bJ! through, under or against the Buyor.
FARlBAR ASIS'2 Rev. 9/07 C 2007 Aorlda Association of RIiALTORS" and The Florida Bar All Rlght8 Reserved Plllle II of II