As Is Contract to Sale & Purchase #3
THIS FORM HAS BEEN APPROVED BY THE FLORIOA ASSOCIATION OF REALTORS- AND THE FLORIDA BAR
"As Is" Contract For Sale And Purchase
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PART\I;S: COLLIER COUNTY, a political Sul;ldivision of the State of Florida ("Sellef") ,
and PORTIA L. RIX, a single woman - ("Buyer").
hereby agree that SeDer shall sell and Buyer shall buy the following described Real Property and Personal Property (colectlvely "Property")
pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract.):
I, DISSCRIPTION: ,
(a)legaldescriptionoftheRealProper1ylocatedin Coll~er County,Florida: The East 75 feet of
East 150 feet, Tract 33. Golden Gate Estates, Unit 44. Plat Bk 7. Pace 29. Collier County FL
(b) Street address, city, zip. of the Property: 2540 50th AVE NE. NAPLES, FL 34120
(e) Personal Property includes existing range(s), refrigerator(s), dishwaSher(s). celting fan(s), li{t1t flxture(s), and window treatment(s) unlesS
specifically excluded below.
Other items Included are: MICROWAVE, CENTRAL A/C, FIVE (5)CEILING FANS, SECURITY PANELS/
HUR~ICANE SHUTTERS.
Items of Personal Property (and leased Items, if any) excluded are:
N/A
15" II. PURCHASE PRICE (U.S. currency):.................,.."....,...,.,."",......,.... ...,., ". $ 120,600.00
16 PAYMENT:
17* (9) Deposit h&Id in escrow by STEWART TITLI;._____("Escrow Agent1 in the amount 01 (checks subject to clelJranoe)
18' Escrow Agent's address: 383' T....mi Troll NOf\Il. s.... A. NoPM._~ )41~__ _ ' _ ____Phone: 239-262-2163
19' (b) AddItional B6C/'OW depOsit to be made to Escrow Agent .,,;thin 15 days after Effectlve OllIe In the amount of. . . .. . .. , .
ZO' (c) Financing In the amount ot r'Loan Amount") see Paragraph IV below . . . . . . .. .. . . . .. . . . . , , . . . ' . , , . . . . , . , . .. . . . , .
21' (d) Other ~.~I';l".B; . ~.I:m:.~ . ~.J,~ . :nI~9.l!9g . :P:~ .. . . .. .. . .. .. . . .. .. .. . .. .. .. .. .. .. , .. .. .. . .. .. . . . . .. .. . .
22 (e) 601ance to close by cash, wire transfer or LOCALLY DRAWN cashier'a or oflidal bank check(S), 8Ubjecl
23* to adjuatments or prorations. . . . . . . . . . . . . . . . . .. . . . . . . . . , . . . . . . . . , . . . . . . .. .........".,.."..........,...... S
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or
26" before 15 DAYS , the deposlt(s) wtll, at Buyer's option, be returned and this offer withdrawn. "'RII" .Iler
a:1- 11.'11' elateg, 11I1 Ii",. for allll.anlll .f any eeWMel'fltteAl ell.llla. a gaye fAI'" till glltl ,". 118I1A'lrll"er II g.II\'....
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 elate is not otherwise set forth in this Contract, then the .Effectlve Date' shall be the date detennlned above for
30 acceptance of this offer ElF, If ~l3l1eallle, IRe IIAal eewAteralfer.
31 IV. FINANCING:
32' 0 (a) This is a cash transaction with no contingencies for financing;
33' Rli ~) ThIs Contrect is contingent on Buyer obtaining written loan commitment which conftrms uncterwritlng loan spprovaJ for a loan to purchase
34' the Property ('Loan Approval*) wlttln _ days (rf blank, ther1 30 days) afler Effective Date iloan ApproyaI Date*) for (CHECK ONlY
35' ONE): II a fixed; 0 M adjustable; or Q a fixed or adjustable rate loan, in the Loan Amount (See ParagrlIph 1I,(c)) at an initiaIlnterest rate not to
36' exceed 6.00 %, and for a term of ~ years. Buyer will make application wi1hln _ clays (If blank, then 5 days) after Effective Date.
37 BUYER: Buyer shall use reasonable diligence to: obtllif1 Loan Appl'O'lllll: notify Seller in writing of receipt of loen Approval by loen Approve!
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 subparag-aph. Buyer shall pay all loan expenses. Buyer authorizes the mor1gage 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 attorney,
41 real estlJta Iicen8e9(S), Md 006ing Agent.
42 SELLER: If Buyer does not deliYer to Seller written notice of Loan Approval by Loan Approval Date, Seller may thefeafter cancel this Contract by
43 delveling written notice rSelIer's Cl:r1cellatioo Notice") to Buyer, bUt not later than sewn (7) days prior to Closing. SeIter's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deHve.- to Seller written notice WlM1g this Financilg oontIngency, or the Contract shall be cancelled.
45 OEPOSIT(S) (for purposes of this Financing Paragraph lV(b) only): If Buyer has used reasonable diligence bUt does not obtllif1 Loan Approval
46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the depOSit(s) sha. 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) shaI be paid to Seller; provided how-
48 fN9l, if the fa~ure to dose is due to: ~ Seller's failure or refusal to close or SeIer otherwise fails to mee1the terms of tha Contract, or (I) Buyers lender
49 fala to receive and approve an appraisal or the Property in an amount sufficient to meet 1he terms of the Loan Approval, then the deposn(s) shall be
50 returned to Buyer,
51' 0 (c) 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 tenns).
53. V. mLE EVIDENCE: N. least ...i days (If blank, then 5 days) before Closing a title Insurance commitment wi1h Ieglble copies of Instrunents listed as
54 exceptions attached thereto ('Tnle Commitmenti and, after Closing. M owner's poIiey of t1t1e Insurance (see Standard A for terms) she. be obtained by:
55' (CHECK ONI.Y ONE): 0 (1) Seller. at Seller's expense and deli'vered to Buyer or Buyer's attorney; or
56. II (2) Buyer at Buyer's expense,
5?" ~HiCK HiRli}l Q If aR abetFiiet ef lills IG te Be fUrAiellea IReteaa af tifle IRSl;lrEIR99, BRa lNIae1l Raer fer tefffis,
58" VI. CLOSING DATE; ThIs tranSidion shall be dosed and the cJosing documents deIvered on USEE LINE 119 rOoslng'), unless
59 mocified by other provisions of this Contract, In the event of extreme weather or other condltions or events consmuting "force majeure", Closing WIll be
60 extendeO a reasonable time lJltlI: (i) restoration ot utilities and other servlce5 essenlial to Closing. and QQ ao.oWabilty of Hazard. Wind, Flood, or Horroeowner5'
61' if1SU'9l'lCe. If such oondtlons continue more Il1an _ days (~ blank. then 14 days) beyond ClosIng Date, then erther party may r.ancel this Contract,
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$ 1,000.00
$-2~~~8. 00
S 92,862.00
$ 24,120.00
0.00
62 VII RESTRICTIONS' EASEMENTS' LIMITATIONS; seller shall convey marketable title subject to: comprehensIVe land use plans, zoning,
63 restnCtlons, ProhlbitiO~S and other ~ulrements Imposed by governmental au1h?rity; r~trlctlons an~ matters appearing?" the plat or otherwise
64 common to the subdivision; outstanding oil, gas and minerai rights of record wl1hout nght of entry, unplatted public utility easements of r~
65 (located con~glJOljs to real property lines and not more than 10 feet In width as to the rear or front lines and 7 112 feet In width as to the SIde
66 lines); taxes for year of Closing and subsequent years: and assumed mortgages and purchase money mortgages, If 8rfoJ Qf addltl~aI items, see
67' addendum)' provided, that there exists at Closing no viola~on of the foregoing and none prevent use of the Property for reBidentul
68' ' purpose(s).
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherMse stated herein. II pre~...9~ ~ IRtenEl9e1
~ te be ",,"tea er eee\:ll'lease')eFlel QleeiRg, tRe faet ana telffiS tl'lereef ana 1I:1e teFlMt(a) er eee~eRts shall Be ElI_eaeEl ~1:lF6tlQAt Ie .IS IS StBAelarEl
~ r. II OOO\;ltaaAlI' 'Ie te Be eeINllf9EI esf9Fe ClesiAll, B\;J)'er aeSI;IFReS all flails sf lase Ie PmllsFty IreA'l eats Elf eeSUllaAEl)', llhaR ~B FeBlleF'IBiBle aAElliElBle
~ feI A'l8if'ltanefl~e fRlA'l tRat Elate, 8l'IEl eRall tall EleeA'lsEl Ie AEMl aeeellteEll1=elleFt'l iA its eHietlRi eeAElitieA as Elf time Ilf takiRS eeeulillll'1El):.
73 IX. TYPEWRITTEN OR HANDWRITfEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all pnnted pro-
74 visionS of thIS Contract in conlllct with them,
75' X, ASSIGNABIUTY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; 0 may
76' assign but not be released from liability under this Contract; or aI may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment llen(s) imposed by a pubHc ~ ("pub1!c bOdy" does. not include a
79 Condominium or Homeowners' Association). Such 1ier1(s), If any, whe1her certified, confirmed and ratified, pending. or peyable In installments,
BO' as of Closing, ahaI be pak:l as follows: a by Seller at closing IllI by Buyer (If left blank, tIlen Seller at Closing). If the amount of any
81 assessm&nt to be paid by Seller has not been finally determined as of Ooslng, 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 buUdilgs in AorIda,
85 Additional Information regarding radon or radon testing may be obtained from your County Pubiic Health unit.
86 (c) Mok:lls naturally OCCUlTing and may cause health risks or damage to property. If Buyer Is concerned or desires addltlonallnformatlon
87 regarding mold, Buyer should contact an appropriate professional.
86 (d) Buyer acknowledges receipt of the Aortda Energy-Efficiency Rating Information Brochure required by Section 553,996, F.S.
89 (e) If the Real property Includes pre-1978 residential housing, then a lead-based paint rider Is mandatory.
90 (f) If seUer Is a "foreign pereon. 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) PIU'ERlY TAX DISCLOSURE SlM'NIRY: BUYER SHOJlD NOT RB...Y ON THE SEllER'S CLflRENT PRa'ERlY TAXES ftS THE AMOUNT
94 OF PROPERlY TAXES 1HI\T THE BUYER MAY BE OBL1GA.TED TO PAY IN THE YEAA SUBSEQUENT TO ~. A CHANGE OF 0v"v'I\eR-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF TI-E PROPERTY TJ-iII.T COULD RESLLT IN HIGHER PAOPER1Y TAXES.
96 IF YOU I-f.A.VE IWY OUESTlONS CONCERNIN3 V.ALUA11ON, CONTACT TI-E COU\ITY PROPER1Y Af'PRl\lSEA'S OFACE FOR INFOAMA11ON.
97 XII. MAXIMUM REPAIR COSTS; DELETED
98' XIII. HOME WARRANTY: 0 Seller Cl Buyer all !\VA wiN pay for a home warranty plan Issued by
99' at a cost not to exceed $ .
100' XlV. INSPECTION PERIOD AND RIGHT TO CANCEl: (a) Buyer shall have ---2- days from Effective Date ("/~on PerIod") within
1 01 which to have such inspections of fhe Property performed as Buyer shall desirs and utilities service shs/t be made aVllilable by the
102 Seller during the Inspect/on Period; (b) Buyer shall bs responsible for prompt payment for suc;h IflBPflC'flons and repelr of damage
103 to and restoration of the Property re:sulting from such Inspections and this provision (b) shall survive termination of this Contract;
104 and (0) if Buyer determines, in BII)'8f''8 sole discretion, that the Properly I. not acct1Pfab/e to Buyer, Buyer may oam;oI this Contract
105 by delivering fac$lmlle or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely
106 cancllls till. Contnlct, the deposlt(s) paid shall be immediately returned to Buyer, thef'fMJpon, Buyer and Seller shllll be released of
107 all further obl/gatlons under this Contract, except as provided In this Paragraph XIV. Unless Buyer exercises the right to cancel
108 granted herein. Buyer accepts the Property In Its prNent physical condition, subject to any violation of governmental, building,
109 environmental, and safety codes, restrictions or requirements and .hall be responsible for any and all repairs and Impt'OWJmentl
110 required by Buyer'a lender.
111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK thOSe riders which are applcable AND are attached to and made pert of this Contract:
112' Cl CONDOMINIUM 0 VNFHA Cl HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT Cl COASTAL CONSTRUCTION CONTROL LINE
113' 0 INSULATION 0 EVIDENCE OF 11TLE (SOUTH FLORIDA CONTRACTS) 0 Other Corrprehensive Rider ProvIsions 0 Addenda
114' Special Clause(s):
115" "-BUYER WILL RECEIVE$36,180FROM THE COLLIER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM. BUYER WILL USE
116' $24.120 (20\ OF THE PURCHASE PRICE) FOR PRINCIPAL REDUCTION AND THE REMAINING BALANCE OF$12,060 WILL BE USED
117' FOR CLOSING COSTS, PREPAID ITEMS AND ANY DISCOUNT POINTS ASSOCIATED WITH THE FIRST MORTGAGE TRANSACTION.
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119" --THE TRANSACTION SHALL BE CLOSED ON OR BEFORE 90 DAYS FROM EFFECTIVE DATE.
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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 a1tached, which are incorporated as part of this Contract.
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THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR.
131 Approval doeS not constitute an opinion that any of the terms and concItions in this Contract should be accep1ed by the parties In a
132 particular transection. Terms and conditIOns should be negotiated based upon the respective Interests, objeCtIVeS and bargaining
133 positions of al interested persons.
'34 AN ~ ~ ~ UNE NWBER IN THE MARGIN ""'CATES THE UNE CONTAINS A BlANK TO BE OOMPI.ETEO.
135' ~~ ~ 'fP.1J/() Seller Siqnature Below
136 (I3UYER) PORTIA L. RIX (DATE) (SElLER) (DATE)
137' Seller Siqnature Below
138 (BUYER) (DATE) (SELLER) (DATC)
139* Buyers' address for purposes of notice 6810 BEACH RESORT DR, Seners' address for purposes of notice clo CC RPM ,Building W,
140* #10 NAPLES, FL 34114 3301 e, Tamiami Trail. Naoles. Florida 34112
141' 239-272-9254 Phone (239)252-8991 Phone
142 BROKERSlllle Bfeltere !IFlel~elF!lJ eeel'lelUliAg Blllllere, If BFI}~ F18R'leEl Bel9'/. are lie eW/l3rell81'8 BAtitleEl te aeFflllllAeelieFl iF! eeAr.selleR 'Nill
1 ~a Ille CeF1WOOl:
'44'1~""",,.
~ ~ee"e""..g 8..1'..., If MY Ldeti"I Bflilker
CONVEYANCE APPROVED BY Bee:
DECEMBER 1, 2009 - ITEM 17B
DATED' 1 i fJ-f /:J-() I ()
ATTEST:
DWIGHT E. BROCK
SELLER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
~w.
W Ie;.
Approved as to form
and 'S).0"CC~
Jennife . White, Assistant County Attorney
PROPERTY ADDRESS:
2540 50TH AVE NE, NAPLES, FL 34120
f'ARIBAR ASIS-2 Rev, 9107 0 2007
Flonda Association 01 REAl.TORS" and The Florida Bar AI Rights Reserved Page 3 of 5
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A TITlE INSURANCE: The Trtle Comm~ment shall be l&6ued by a Aorida ~censed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer,
. owners poley of title In6Ul'ance In the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to mattlllll contained
~ Paragraph VII and those to be dlsch<<ged by Seiler at or before ClOSing. Marketable title shall be determined acocrdlng to ~pllcable Title ,S~d= If~~
ed by authority of The Florida Bar and In accordance with law. Buyer shllll have 5 days from date of raceMng the Trtle Commitment to examne , e
f d defective notify Seller in wr~1ng specifying defect(s) wHch render title unmarketable. Seller shal have 30 days from reoelpt of no1lce to remove the
~,faIlln ~k::h Buyer shal!, within 5 days after expiration 01 the 30 day period, dem wrt1ten notICe to Seller erther. (1) extending the tlme.for a.reason-
able period n~ to exceed t20 days within which SeIer shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(Sl plld which shall
be retumed to Buyer. If Buyer fEllls to so notify Seller, Buyer shan be deemed to have accepted the tkle lIS rt then is, SeUer shall, If title i$ found unmarketable,
use diligent e1Iort to correct defect(s) within the time provided, If. after diligent elTort, SeHer Is unable 10 timely OOITl'lct the defects, Buyer. shall either waive the
defects, or receive a refund 01 deposlt(s), thereby releeslng Buyer and Seller from aU further obligations under this Contract. If Seller IS to provtde the Hie
CommItment and Ills del~ to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date 01 receipt
to examine same In accordarl;e with this 'p.s IS' Standerd.
B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money morteage and mortgage note to SeI1er shall J)I'O'Jide for a
30 day grace period in the event of defalit If a first mortgage and a 15 day grace period If a $llOOnd or lesser mortg~; shall provide for right of prepayment
In wI1QIe or In part without penalty; shall permit acceleration In event of transfer of the Relll Property; shall require all pnor lens and encumbrances to be kepi
In good standi1g: shall forbid modifications of. tT future advances under. prior mortgage(s); shall requlre Buyer to malntaln pcItcIes of 11lSU'lM'lC8 containing a
standard mortgagee clause covering allmprovements located Q'1 the Real Property against fire and all p~. Included within the term "extended coverage
endorsemenls' and sueh other risks and perils as Seller may reasonably require, in an amount equal to their higlest insurable wive; and the mortgage. note
and seclJ'lly egreement shal be otherwise In form and content required by Seller, but SeIer may only require clauSes and ccverage ~tonnerily found i1 mort.
gages, mortgage notes and security agreements generally utilized by savi1ga and 10&'\ institutions or state or natlOl18l banks I~ed In the county wherein th,e
Reel Property is located. /iJ Personal Property IIAsll811eS selAg eElFl''9'J8Slll' MsigReQ wll, at Seller's option. be subject to the lien of a security egreement 8IIl-
denced by recorded or flied financing statements or certificates of tl11e, M a sallseR Ffl9F1!latl6. IAe fiFlBl f36'/IflElFlt 'rAII 8/IEl9El9 lhe ~ieQie Flll')ff1eAts tReRleR.
C, SURVEY: Buyer, at Buyer'll expense, witt1n time allowed to deliver evidence of title and to exami1e same, may have the Real Property surveyed and certl.
fied by a registered FlorIda surveyor. If the survey discloses encroachments on the Real Property or that Irfllrovements located thereon encroach on setback
lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall ocns1nute a tnle defect.
D, WOOD DESTROYING ORGANISMS: DELETED .
E. INGRESS AND EGFlESS: Seller warrants and repnlSen1S that tl19le Is ingress and egress 10 the Real Property sufficient for its intended use lIS described
In Peragreph VII hereof and title to the Real Property Is irwrable 1n accordance with '/!>S IS. Standard A without exception for Jack of legal rigITt of access,
F: bEf.8EB. Beller MIIII IIII_t 1 Q saye llefeRl G1eeiAil, furRleA te BIi}'er eelllell af all WAlleR leMes aREI aatsppellettllfll troR'l IlIeA tllAlIIlt epOOIrylRg tile RIMYRl
lIAS eU SlieR ef lhe teFlam\! eeWl*IAey, RlAtIll FlIt", aGvanaes RlAt BRa sslUlt',. liIepe611s FlllllI ~'1eR6V1l. If Saller III WRsllle t9 9lltalR llUl;iA l&tIer f1e~ 8llIgR tllR
BAf, tile ll8fIle 1Rfer:m9lleR eAall Be fuFflIeMslly Seller te BU'/8I' 'IAlAIA tAlll tlFRe perlllEllA tile flllffi IIIli1 Saller'llllfllcjw4t, llRd EJ' '/81' FRay tJ:l8lsllfter sgRtlllll11lR
&At te ed"" 81:1eA iAtePfMlIeR. If tt.te te""s sf tAS Ie." lillffer FflBleRaI~1 fRiIFfllieler's AlpRl&eRtatlsAs, ilW)'sr R'lay t8R'J1JAlIt8 tllis ClIRtRiI&t lly liIelMiRIl\l "'!lUIlR
AlMlee te Seller ellsllIlt & E1a~'8 lllier t9 ClllliIAg. Seier sllllll, at CIElsIR!I, liIellYer IIAllliIOSIiR all llfIgiFlllllell8" tEl 81o/Yllr.
G, UENS: Seller shall furnish to Buyer at time of Closng an affidavit attesting to the ab8ence, unless o1herwtse provided for herein, of any financing statement,
claima of lien or potentialllenors known to Seller and further attesting that there have been no Improvements or repelrs to the Real Property for 90 days imme-
diately precedng date of Cloting. If the Real Property has been improved or repaired within that Ume, Seller shall deliver releases or waivers 01 construction
liens executed by all general contrectors, subcontractors, suppliers and materialmen In edditlon to Sellers lien affidavit setting forth thB names of III such gen-
eral contractors, subcontractors, suppliers and materialmen. further affirming that all charges for improvements or repairs which could serve as a basis for a
construction lien or a claim for damages have besn paid or will be paid at the Closing 01 this Contract.
H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property Is located at the office of the attorney or other closing agent iCloslng
Agent') designated by the party paylng for title Inst.I'8I1CB, or, If no title inBU'a-lce. designated by Seller. . .'
I, TIME: calendar days shell be used In corT'f)uli'1g line periods except periods of less than six (6) ClayS, In v.t1ich event Saturctays, Sundays and state or netion-
a11ega1 holidays shall be exckJded. Arrt time periods provlded for henm wl1lch shal end on a Saturday, SlI1day, or B legal holiday Shall extend to 5:00 p,m. of the
next business day. Time Ie of the 8AlIf1Ce In this contract, * StatutorY deed. bill or aale.
J. CLOSING DOCUMENTS: Seller et1aI fumIsh the aead. Ill. ef esle, 98"IIlll8fe Sf tlllo, construcllon lien affidavtl, owner's poseesslon atlidavit, llll&iilAmsRl& sflsllo6
ea, leRllRt lIAEIlRe"8lIeee ellleppallEi'1sf8 and cOl'T'llClIve Instruments. Buyer shal furnish mortgage, mortgage note, security agreement and ftnanclng statements.
K. EXPENSES: OOCl.mentary starT'(:l$ on the deed and recordlng of oorrectIve Instruments shall be paid by ~ /oJ OClllB of 8uyer's loan (whether obtalned*!!l!m:
from Seller or third party), including, but not IImrted to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage 8SSOOled,
mortgagee tnle Insurance commitment with related fees, a-ld recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
unless otherwise pt'OIIided by law er REIer te 1IlIe CeA_t, charges for related clo6lng services, title search, and closing fees Qnc~ding pnlperat10n of cloelng
statement), shall be paid by the party responsible for furnishing the title llIIIdence In accadance with Plragraph V.
1.. PRORATIONS; CREDITS: Taxes, ll$8llSI1lIlIlts, rent, Interest. Insurance and other expenses of lhe Property shall be prorated through the day before ClosIng.
Buyer shaI have the option of taking r:Ner existing policies of Insurar1ce, n assumable, in which event premiumS shall be prorated. Cash at ClosIng shall be
IntTeaSBd or decr'eesed lIS may be reqJired by prorati<J1s to be made through day prbr to ClOSing, or occupancy, if occupancy occurs before. Closing. Advance
rent and security deposits will be crded to euyer. Escrow deposits held by mortgagee win be credited to Seller. Taxes shall be prorated based on the current
yeer's tax with due ~Iowance mada for maxirTun allowable dIsoount, homeateed and other exemptions. If Closing occurs at a date when the current year's mll~
age Is not fixed and CUlTllf1t year'll assessment Is allBllable, taxes will be prorated based upon sucl1 esssssment and prior year's milage, If current year'll assess-
mem Is not _Hable, then taxes will be prorated on prior yeer's tax, If there are oornpleted Irnprovemente on the Real Property by January 1 at of year of GIoeing,
which improvements were not in existence on JlII1UlIIY tst of prior year, then taxes shall be prorated based upon prior year's mlJage and at an eqlAtable assess-
ment to be agreed upon between the perties; failng which, request shall be made to thB County Property Appraiser for an Informal BSsessment taking Into
account BV8IIabIe exemptions. A tax proration based on an estinate shall, at request 01 either party, be readjusted upon recapt of current year's tax bill,
M. (RESERVED. purpoeely left blank)
N, tNSPECTlON AND REPAIR: DI!LETlD
O. RISK OF LOSS; If, after the Effective Date, the Property is damaged by fire or other casualty iC8sualty Loss") before Closing and cost 01 restoration (which
shall Include the cost of pruning or removing damaged trees) does not exceed 1,5% of the Purchase Price. cost of restoration shall be an obllgBlIon of Seier and
Closing shall proceed pursUa-lt to the terms of this Contract, and If resttTatlon Is not COf'T1)Iated as of Closing, restoration costs will be escrowed at Closing. If
.the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property lIS Is, togethar with the 1.5% or receive a refund of deposlt(s)
thereby releasing Buyer and Seller from all further obligations under this Contract. SeI1er's sole obligation with respect to tree damage by casualty or ofher natu-
ral occurrence Snail be the cost of pruning or remcval,
P. CLOSING PROCEDURE: The dead shall be recorded upon clearance of funds. If thl title agent Insures adverse matters pursuant to Section 627.7641,
F.S., lIS amended, the escrow and closing procedure required by this ./!>S IS" Standard shall be waNed. Unle8s waived as set forth above the following
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-AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
closing proceo...res shall apply: (1) all Closing proceeds Shell be held in escrow by the Closing Agent for a ~od of not ~?re than 5 days after Closing; (2)
If Seller's title 15 rendered unmElfl<etable, through no fault of ewer, Buyer shall, within the 5 day period, notify SeMer In wntl.ng of the defect lI'1d Seller shall
have 30 days from dale of receipt of such notification to cure the defect; (3) If Seller tails to timely cure tha defect, all depoSIts and ClOSing funds shall, upon
written demand by Buyer and within 5 days after demand, be returned to Buyer and. Simultaneously with such repayment, Buys: shall rel\.rn the Personal
Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale: and (4) If Buyer falls to make timely demand
for refund, Buyer shall take title as is, waiving all rights against Seller as to erry intervening defect except as may be available to Buyer by virtue of war-
ranties eontalned in the deed or bill of sale,
a. ESCROW: MY Closing Agent or escrow agent (coIectlllely "Agent1 receMng funds or equtvalent Is authorized and. ~rees by acceptance of them to depoelt
them promptly, hold same in esaow and, subject to clearance. disburse them In accordance wllh terms and conditions of this Contrael. FBllure of funds to
clear shall not excuse Buyer's performance. If In doubt as to Agent's duties 01 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 hervto agree to its disbursement or vntil a judgment oIa court of competent jurisdiction shall
determine the rights of the parties. or Agent may deposit same wItl1the clerk of the clrcuit. court having jurisdic1lonof the dispute, M attomey who represents
a party and also acts as A9ent may represent such perty In svch action. Upon notifying aM parties concerned 01 sucl1 action, all Wabl1lty on the pen of Agent
shaM fuly terminate, except to the extent of accounting lor any nems prevtously delivered out of escrow, K a licensed real estale broker, Agent WIll comply with
provisions of Chapter 475, F.S., as amended. /v"f suit between Buyer and Se\Ier wherein Agent Is made a party because of acting all flQent here\Klcler, or In
erry suit wherein Agent Interpluad$ the subject matter of the escrow, Agent shall 'BCOver reasonable attorney's fees Bnd costs incurred 'h1th th!lee amounts to
be paid from lI1d out of the escrowed funds or &qu~alent and charged and awarded as coun coSlsn fal/Of' of the preva,"ng perty. The Agent shall no! be liable
to any party or person lor 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. enlorosment or Interpretation, IlI1slng out of this Contract, the prevallng party in such litI-
gation, which, for purpo6!lS of this "AS IS. Standard, shall include Seller, Buy9r and any brokers acting In agency or nonagency relatlonshlps authorized by
Chapter 475, ES., as emended, Shall be entitled to recover from the non-preveillng party reasonable attorney's fees, costs and expenses.
S. FAlI.URE OF PERFORMANCE: K Buyer falls to perform this Contract within the time 6P9C1fied,lnclu(jng payment of all deposlts, the deposlt(s) paid by
Bvyer and deposit(s) agreed to be paid, may be recovered end retained by and for the account of Seller as agreed upon liquidated d&nagas, conslderatla1 for
the execution of this Contract and in full settlement of lI'1y clams; whereupon, Buyer and Seller Shall be relieved of all obligations under this Contract: or SeIer,
at Seller's option, may proceed in eqLity to enforce Seller's rights under this Contract. If for any reeson other than failure of Seller to make Seller's titlil mar-
ketable after dllgent effort, Seier 1aRs. neglects or refuses to perform this Contract, Buyer may seek specifIC pertorrnance or elect to receive the retum of Buyer's
deposit(s) without thereby waiving any action for damages resulting from Seller's br1l8ch.
T. CONlRACT NOT RECORDAULE; PERSONS UOUND: NOTICE: COPIES: Neither this Contract nor any notice of it shall be recorded In any publk: records,
This COntract shilll bind and Inure to the benellt of the pertles and their successors In interest. Wh9l1llllBl'the context permits, singular shlll1lnclude plural and
one gender shaIIlncluda all, Notice and delivery gIVen by or to the attorTle'i or broker representing any party shaD be as effective as K given by or to that party.
All notioss must be In writing and may be made by mail, personal delivery or electronic media. A legible facsh1ile or electronic (lnckJdlng .pdr) copy 01 this
Contrect and any slgnalures hereon shaH be considered for en purposes as an origins!.
U. CONVEYANCE: Seller shall convey marketable title to the Real Property by staMory ,'8f'FBA\y, tfU81ee'e. ~erBellal fB~lgeBf1ie.llYe'e, Br gu~liiR'e deed, as
appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those other."llse accepted by Buyer. Personal Property shall, at the
request of Buyer, be transferred by an abBoIute blD 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 shan be binding upon Buyer or Seller unless Included In this Contrect. No mod-
ification to or change In this Contract shall be valid or binding vpon the parties unless In writing and executed by the parties intonded to be bound by it.
W. SELLER DISCLOSURE: (1) There lire no facts known to Seller materlaltt affecting the value of the Property which are not readily observable by Buyer or
which have not been disclosed to Buyer; (2) Seller elr!8nd. end Irrtenchl no WM'8Ilfy IUId m8kes na rvprewntstJon of any type, e/thet' Cl1CfJreA or implied.
as to the phyaIceI condition or history of the Property; (3) Seller ha$ 1WfII'ffId no written or verl1a1 natice from any goVemmentlJl errtIfY or agency D
to . ~UlTflfltly uncorrected bul/dlng, enmnmental or safety code violation; (4) Seller hu no /mowfedge af 8IIY repairs or Improvementl tn8de to the
Prf1perty without compliance with IlOvemmental rvgulllUon which have nat been disc/aNd to SuyIN'.
X, PROPERTY MAINTENANCE: PROPERTY ACCESS: ASSIGNMENT OF CONTRACTS AND WARRANnES: Seller shall melntaln the Property, InckJdlng,
but not Imited to lawn, shrubbery, and pool In the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall upon
reasonable no1lce. provide utilities service and access to the Property for appraisal and inspections, ileludlng a walk.through prior to Closing, to co~ that
all Items of Perscnal Property are on the Real property and that the Property has been malntalned as required by this .AS IS' Standard. Seller will assign all
asslgneble repair and treatment contracts and WIln'lI'1ties to Buyer at Closing.
Y.111:11 IiXCHIlJfGlIiIIl eilRElr Seller sr 8uoler wleA tEl liIRtllr IRle a like IQRS BlleA8F1l19 (eltAer elml:JltaAeB\;le '/Jtll:t CleeiRi er ElefeFrBsl If"" RlelilBet Ie tAe Pl9lilefly
WAllar llBetIElA, 111~1 91 tRe IRlliI'l'lallilElv8fllle Cese ('li1I9heAie"), tRe etRer !lMY shlll1 eeepsFllte iA alI1911lleFlll91e feBlileele te elfeell:lete tRe Qletlll'1i1B, IRlllwll
IFIll tAB Bll96VII9R sf sElewmeRt8; fi/19'lIli1ed (1) lAB eeefieFStlAlJ IilllflV 6heJIIAswr All Ilelllity er ellfi8l1ee I9leles te tAe ilIGAllAllB aRB (:2) tAe GleslRil BRalI ne1 ge
eefltiAlIBAllljleA, fler elltsAge9 er asla>jBa Ii" 81111A ~eRen!le.
Z. BUYER WAIVER OF CLAIMS: Buyer waillw. any claims ageln.t S.Rer and, to the extent permitted by Jew, 8IJlIIIlat M)J 1"ltfI/ I8tefe IIeIJj l8Ilall'l~ a~ 8d
in the negotiation af the ContrKt, for any defects or other damage t/let may exi_ at C/oling afthe Contta~t IUId be subaequenlfy d~ by the
Buyer or anyone cMIm1ng bJ'i through. under ar against the Buyer.
FARlBAR ASIS-2 Rev. 9/07 C 2007 Rorida Association of REALTORS" and ThB Florida Bar All Rights Reserved PllliJe e of 5