As Is Contract for Sale and Purchase #1
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOClAnoN OF REALTORS" AND THE FLORIDA BAR
"As Is" Contract For Sale And Purchase
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PARTIeS:COLLIER COUNTY, a Political Subdivision of the State of Florida (~S~ler"),
ard :::LEANA BLANDON ESPINOZA, a single woman '"Buyer},
hereby agree thet Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collect"ely "Property")
pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda rContract");
I, DESCRIPTION:
(a) Legal description of the Real Property located in COLLIER County, Florida: T!1e East 75 feet of the
150 feet, Tract 90, Golden Gate Estates, Un~t 71, recorded in Plat Bk. 5, Pg. 7, of Collier County, Florida.
(b)Streetaddress,city,zip, of the Property: 3671 18th Avenue NE, Naples, Florida 34120
(c) Personal Property includes existing range(s), refrigerator(s), dishwasher{s). Ceiling fan(s), light fixture(s), and window treatment(s) unless
specifically excluded below.
Other items included are: Microwave, Cent:::.-al Ale, and Washer & Dryer from prev.lOUS owner.
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13* Items of Personal Property (and leased items, it any) excluded are: N / A
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15. II, PURCHASE PRICE (U.S, currency):
16 PAYMENT:
17" (a) Deposit held i1 escrow by Stewart Title Co. ("Escrow Agent'') In ti1s arT10unl of (checks subjeCt to clearancej
, .. . 2,9.;6226:\
18" Escrow Agents address: 39Je 'E~~~:ilrr.l- T: N. S'-'i:e A, ).ja.pl=~':'" J4.JJ Phone
1 g* (b) Additional escrow deposit to be made to Escrow Agent within ~ days after Effective Date in the amount of.
20* (c) Financing in the amount of ("Loan Amount") see Paragraph IV below.
21* (d) Other *.*J:??? ~Pf~.'? P.5 .TE:f?-P.uqf1. fP,.
22 (e) Balance to close by cash, wire trarlsfer or LOCALLY DAAWN cashier's or official bank check(s), subject
23* to adjustments or prorations.
24 III, TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this 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 the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. um..a 9#I8f-
27 wise stated, t~8 time 1Gr aQs8ptBRGe gf any "9YRtSFatfeF8 8~all be 2 day. tJom-t~e date tRe ~9YRt.l!Q#er il d81~'8AJd.
28 (b) The date of Contract (HEffective DateH) will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the
29 final counteroffer, If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above for
30 acceptance of this offer ef;--U.-al3l3lisable, the final CQUAteretfer.
31 IV, FINANCING:
32* Q (a) This is a cash transaction with no contingencies for financing;
33' Qll Ib) This Contract Is contingent on Buyer obtaining written loan commttment whk;h con1irms underwriting loan approval for a loan to purchase
34' the Property ("Loan Approval") within _ days Cd blank, then 30 days) after Effe:tive Date ("Loan Approval Date') for (CHECK ONLY
35' ONE): 81 a fixed; 0 an adjustable; or 0 a fixed or edjustabie rate loan. ,n the Loan Amount (See Paragraphll.(c)) at an ir>t"" interest rate not to
36' exceed 6.00%, and for a term of ~ years. Buyer wil make application Within _ days Cd blank, then 5 days) after Effect'" Date.
37 BUYER: Buyer shali use reasonable diiigence to: obtain Loan Approval; notify Seller in writing 01 receipt 01 Loan Approval by Loan Approval
3S Date; satisfy terms of the Loan Approval; and dose the loan, Loan Approval whicl1 requires a condttion related to the saie of other property shel
39 not be deerred Loan Approval for purposes of this subparagraph. Buyer shell pey all loan expenses. Buyer authorizes the mortgage broker(s) and
40 ..,der(s) to disclose information regarding the conditions, status, and progress of loan appIk;ation and Loan Approval to Seller, Seller's attorney,
41 real estate licensee(s), and Closing Agent.
42 SElLER: If Buyer does not deliver to SeIer written notice of Loan Approval by Loan Approval Date, Setler may thereafter cancel this Contract by
43 delivering written notice ("SeIer's Cancellation Notice") to Buyer, but not later tI'ar1 seven (7) days prior to Closing. Seier's Cancellation Notice shall
44 notify Buyer that Buyer hes three (3) days to del"... to SeIer written notICe waMng this Financing contingency, or the Contract shall be canceled,
45 DEPOSIT(S) (lor purposes 01 this Financing Paragraph IV(b) only): If Buyer hes used reasonable diligence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter either perty elects to ~ this Contract, the daposii(s) shall be returned to Buyer. ~ Buyer obtains Loan
47 Approval or waives this Financing contingency, and thereafter tile Contract does not close, then the deposit(s) shalf be paid to SeIer; provlded how-
4S ever, IT the 'alure to close is due '0: ro Setler's failure or refusal to close or Seller otherwISe falls to meel the terms of the Contract, or OQ Buyer's klnder
49 tais to receive and approve an appraisal of the Property in an amount sufficient to meet the !erms of the Loan Approval, then the deposit(s) she. be
50 returned 10 Buyer.
51 * __ (c) Assumption of ex;s:ing mortgage (see rider for terms); or
52* ::J (d) Purchase morey note and mortgage to Seller (see "As Is" Standards 8 and K and riders: addenda; or special clauses for terms).
53" V, TITLE EVIDENCE: At least ---2.. days (d blank, 'hen 5 days) before Closing a title nsurarce commiiment with legible copies of i1struments listed as
54 exceptions attached thereto ("Trtle Commllment") and, after Closi1g, an owrer's policy of Ittle insurance (see Standard A for terms) shall be obtained by:
55" (CHECK ONLY ONE): 0 (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56' III (2) Buyer at Buyer's expense.
S?" ICMIiCK HIiRIij: :III an all.t,aGl '" _"_M__~__, ens attaGh 00... for_
SS' VI, CLOSING DATE: Ths transaction shall be dosed ard the clOOng <txunen1s delMored on ..~.. t TN. 11 q ,Closing"), unless
59 modified by other pI'O\AsIons of Ills Contract, in the event of extreme weather or other condiiions c< events constituting "force majeue", CIosi1g will be
60 ex1ended a reasonable tme until ro restoration of utiities ard other services essent"" to CIosrg. and OQ avaiabii1y of Haza'd, Woo, Rood, or Homeowrers'
61' insurance. ~ sucI1 CC<1CIitions continue rrore tI'ar1_ days Cd blarl<, then 14 days) beyond Closing Date, then either party may cancel Ills Contract.
$ 85,500.00
$ 1,000.00
$ 1,565.00
$ 64,125.00
$~10.00
$
0.00
FAR/BAA ASIS-2 Rev. 9/07 Cl 2'JQ7 Florida Association of RWTORS- ancl The Florida Bar Ail Rights Reserved Page 1 of 5
62 VII. RESTRICTIONS; EASEMENTS; UMITATIONS: Seller shall convey marketable title subject to: comprehens"e land use pans, zoning,
63 restrictions, prohibitions and other requirements imposed by governmental authority; restricUons and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record
65 (located contiguous to real property lines and not more than 10 teet in width as to the rear or front lines and 7 1/2 feet In width as to the side
66 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, see
67'" addendum): provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for residential
68' purposels).
69 VIII, OCCUPANCY: Seier shall deliver occupancy of Property to Buyer at time 01 Closing unkoss otherwise stated her..n. II Pr"",,"': i. inl""d.d
19 te-ee-l"6l9tcd 01 0eel.:;lf3iee BelsAs ClesiRg, tAB fect and teff/15 tASR3S1 aAd tAe tenant(s) Of-OCE~~ant6 shall Be gi(;.gls[eQ ~~rEl"lant ts "lJ.S IS" Standard
~ r. If oeet:JJ36f.ef is te 66 eleli\'Breel eefsre ClesiAlil, 8l:/'lfJr asSl:JFfles all ri61~.s €If ISSEi Is Pre~r1'1 1rem date go1 9c\:l"Ipoancy. [1:1:111 be r,gildQrlf';blQ 7nd li"'t;>~
72 fer FFlaiR~eAaAee from that ooto, aRe BRaIl tie eleeFRsa to Rafa aeGspted PFel3eft/-iR-itf: 8xistiAg GQAGlitoo 3t> 91 time 91 t:>>-jr:l9 'X't:'tJ[J41.r:lCy
73 IX, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract in conflict with them.
75' X, ASSIGNABiLITY: (CHECK ONLY ONE): Buyer 0 may ass~n and thereby be released from any further liability under this Contract; :J may
76'* assign but not be released from liability under this Contract; or ~ may not assign this Contract.
71 XI, DISCLOSURES:
78 lal The Property may be subject to unpaid special assessment Iienls) imposed by a public boay ("publk: boay'" does not include a
79 Condominium or Homeowners' Association). Such lieo(s), if any, whether certified, confirmed and ratified, pending, or payable in installments.
60. as of Closing, shaU be paid as follows: CI by Seller at closing c1 by Buyer (if left blank, then Seller el Closing), If the amount of any
81 assessment to be paid by Seller has not been finally determined as of Closing. Seller shall be charged at Closing an amount equal to the
82 last estimate or assessment for the improvement by the public body.
83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per ~
84 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit,
86 (c) Mold is naturally occurring and may cause health risks Of damage to property. If Buyer is concerned or desires additional infonnation
87 regarding mold, Buyer should contact an appropriate professional,
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (e) If the Real Property includes pre~ 1 978 residential housing, then a lead~based paint rider is mandatory.
90 (1) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act. the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTil BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA"
92 TlONlCOMMUNITY DISCLOSURE,
93 (h) PROPERlY TAX DISCLOSURE SUMMARY: BUYER Sf-OJLD NOT RELY ON THE SElLER'S CURREI'oIf PROPERTY TAXES I>S THE AMOUI'oIf
94 OF PROPERlY TAXES THAT THE BUYER MAY BE OBliGATED TO PAY IN THE YEAR SUBSEaJEI'oIf TO PURCHASE. A CHANGE OF CM'NER-
95 SHIP OR PROPERlY IMPROVEMENTS 1RIGGERS REASSESSMEI'oIfS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERlY TAXES.
96 IF YOU HAVE /Wi OUESlllX'<S CONCERNING VAWAllON, CONTACT THE COUr-nY PROPERTY APPRAISER'S OFRCE FOR INFORMtIllON.
97 XII. MAXIMUM REPAIR COSTS: DELETED
96' XIII. HOME WARRANTY: :J Seller CI Buyer cl' N/A will pay lor a home warranty plan ISSUed by
99* at a cost not to exceed $
100" XIV. INSPECTION PERIOD ANO RIGHT TO CANCEL: (a) Buyer shall have -"-- days from Effective Data ("Inspaction Period") within
101 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made availabl. by the
102 Saller during the Inspactlon Period; (b) Buyer shall be responsible for prompt payment for such Inspactlons and repair of damaga
103 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract;
104 and (c) if Buyer determines, in Buyer's sole discretion, that the Proparty is not acceptable to Buyer. Buyer may cancel this Contracl
105 by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspect/on Period. If Buyer timely
106 cancels this Contract, the deposit(s) paid shall be immediately retumed to Buyer; thereupon, Buyer and Seller shall be released of
107 all further obligations under this Contract, except as provided in this Paragraph XIII. Unless Buyer exercises the right to cancel
108 granted herein, Buyer accepts the Property in its present physical condroon, subject to any violation of governmental, building,
109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
11 0 required by Buyer's lender.
111 XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Cootrac!:
112' 0 CONDOMINIUM CI VNFHA 0 HOMEOWNERS' ASSN. CI LEAD-BASED PAINT CI COASTAL CONS1RUCTION CONTROL LINE
113' C1INSclLATION 0 EVIDENCE OF llTLE (SOUTH FLORIDA CONTRACTS) CI Other Comprehens,," Rider Provisions :J Addenda
114' Special Clausels):
115"'**auye:::- will receive$2S,650 traIT, the Collier County Neighborhood Stab:..lization Prograrr. Buyer- will -...;se
116'* $18,810 (22% of the purchase p:::ice) fer principal red"Jction and the remaininq balance of $6,840 will be used
117'* for closing costs, prepaid ite~s, and any d~scount po~nts associated with t~e fi~st mortgage transaction.
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119* **The transaction shall be closed on or Defore one-hund~ed eighty {ISO) days of the effect~ve date.
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126 XVI, "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standerds): Buyer and Seiler acknowledge receipt ot a copy
127 01 ~AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
FARlBAA A$IS.2 ReV' 9/07 C 2007 Fiorida Association of REAUQRS- and The Florida Bar All Rights Reserved Page 2 of 5
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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.
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THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in thls Contract should be accepted by the parties in a
particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining
positions of all interested persons.
AN ASTERISK(') FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED,
l.eI. ~.
3!61~f/
( ATE)
Seller Signatu~e Below
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136 (BUYE ) ILEANA BLANDON ESPINOZA
(SELLER)
(OATE)
137* ~_~ ~"~ Seller Signature Below
138 (BUYER) (DATE) (SELLER) (DATE)
139* Buyers' address for purposes of notice 2041 Fair-mont Lane, Sellers' address for purposes of notice c/o CC RPM, Bldg w,
140. Naples, Floyida 34120 3301 Tamiarr.i Trail E., Naples, FL 34112 ___
141* 239-776-2498 (Cell) Phone (239) 2')2-8991 Phone
142 BROKERS. The 13F8lt6rs ~A61l;l6iA!J 688~erating brehBls,-#--aAyHlaFAe8 BeloN arc the efWy-oreltsrs entitles to 6SFAJOlsAsatisfl in COAr-lsGtion with
14;l IRia Cenl,ao!;
~J~drlltl.
\4l>
CooperetlRO Breltef'S, jf MY
UstiAg BF9lcer
CONVEYANCE APPROVED BY BCC:
DECEMBER 1, 2009 - ITEM 17B and MAY 11, 2010 - ITEM 1601
DATED~"Ul \. \
ATTEST: .
.,. ,. ~
~\\D ~ ~
~,~
Attest as to~~t~k'
;l '9<<~tur' o<<'~'
SELLER:
BOARD OF COL~TY COMMISSIONERS
8:0LLI~O~A (~Q(;
Fred W Coyle, Chalrm~6-'"
Approved as to form
and legal sufficiency:
Jenn,}-P~2U~-
Assistant County Attorney
Property Address: 3671 187H AVENUE NE, NAPLES, FLORIDA 34120
FARlBAR ASIS.2 Rev. 9/01 02001 Florida Association of RLALlORS- and The Florda Bar Ail Rigr'ts ReSOlVed Page:] of 5
146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
'47 A. TITLE INSURANCE: The Title Commitment shalf be ISSued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer,
148 an owner's policy of litle insurance in t!'le amount of the purchase price. insuring Buyer's marketable title to the Real Property, subJEtCt only to matters contained
149 In Paragraph VII and those to be discharged by Seller al or before ClosJng. Marketable title shall be determined according to applicable Title Standards adopt-
, 50 ad by authority of TI-'e Florida Bar and in accordance WIth law_ Buyer shall have 5 days from date of receiving the Title Commitment to examine it, and if title is
15' found defective. notify Seller in writing specifying defect(s) which render title unmarketaole. Seller shall have 30 days from receipt of notice to remove the
152 C!efects, failing which Buyer shall, within 5 days after expiration 01 the 30 day period, deliver written notICe to Seller eit'1ef: (l) extending the time for a reason-
153 able period not to exceed 120 days within which Seller shaU use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall
154 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shal', if title is found unmarketable,
155 use diligent effort to correct defect(s} within the time provided. If, after diligent effort, Saller is unable to timely correct the defects, Buyer shall either waive the
156 defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligatiOns under this Contract. If Sellef is to provide the Title
157 Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
158 to examine same ir'l accordance with thiS ~ AS IS. Standard.
159 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SEUER: A purchase money mortgage and mortgage note to Seller shall provide for a
160 30 day grace period in the event of defauft if a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment
16' In whole or in part without penalty; shall permit acc~eration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept
162 in good standing; shall forbid modifications of, or future advances under, pnor mortgage(s); shall require Buyer to maintain p::>licies of insurance containing a
163 standard mongagee clause covering all Improvements located on the Real Property against fire and all perilS included within the term "extended coverage
164 endorsements. and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note
165 and security agreement Shal! be otherwise in form and content reqwrec by Serler, but Seller may only require clauses and coverage customarily found in mort.
166 gages, mortgage notes and secunty agreements generally utilized by savings and loan institutions or state 01' national banks located in the county wherein the
167 Real Property IS located. AU Personal Property aAElIOB06s l3eiR~ e8R/El)eEl era66lQAOO will, at Seller's option, be subjoct to the lien of a security agreement evi-
1 ea danced by recorded or filed finanCing statements or certificates of title. 1f.-a,l3alle8A A"ISRf)6!)S,.tt:ls fiAal f."il~ment "'HI 8l'ls9ad tt:1e paRedil> j:Hi';rner::lts t~9Qr::l.
169 C, SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi-
1 70 fied by a registered Florida surveyor. If the survey discloses encroacnments on the Real Property or that improvements located thereon encroach on setback
171 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
172 D, WOOD DESTROYING ORGANISMS: DELETED
173 E. INGRESS AND EGRESS: Seller warrants and represents thai there is ingress and egress to the Real Property suffICient for its intended use as described
174 in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS. Standard A without exception for Jack of legal right of access.
m F. LtA8[f;. Belle! eRa11 at least 10 Ela-.lS eefere elseiflg, fUrAis'" ts 8U'~ sr ee~ies af all ..MtSA leases eRa eetG~J:lellet:teF6 f~r::R eaeR tSAaAt 9~eGif) iA8 tRS Ratlle
1-76 Met atJ,atiel"l of tl'1e te, af'lt'o oeetJ,eaAS), fl9Atal stee, alf.8Rsee feAt aAa-eeet:lf'it>tae~eeite pale 13~ teRant. If Seller iSllAaEJle ta ableiA 6~Gt:llet:ter frQ~ SaGR teA
Hf OJ t, tM~ 36I'l'lC;"fe" "Mier.~furl"lis""",ea' 5, E:eller te OtJ,el ..itRIFl that time,eeFiea if! tRe ferFA af a Eelle 'e affiaa.it, 8f18 Sf;;f'/er Fl'la} tl'lereafter seRtsat ten
1--78 a1,t:8 ea, fill" stJsn il"lf81f\~Ml"l. .'f the tOl fl ,,5 af t1"le reaeee ejj1fer metel'ialt, frem E:eller's rep~66eAtatieAS, Bl:lJsr f'flaJ tSFA'lirate tRie CSAtFSst l3'/ delr'8RAg I ritteR
+-7G "et'ee ts E:elter at least S eelS ~I"ier te CleaiA@. Sener BAaIl, at CleeiF'g, sal;.er ~nj aesi@A all er'igiAalleaese Ie 8U')er-.
1 80 G, LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless othelWise provided for herein, of any financing statement,
181 claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme-
182 diately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction
183 liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of aU such gen-
184 eral contractors, subcontractors, suppliers and materialmen, further affirming that all Charges for improvements or repairs which could serve as a basis for a
185 construction lien or a claim for damages haw been paid or will be paid at the ClOSing of this Contract.
186 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 (~Closing
187 Agent'") designated by the party paying for title insurance, or, tf no title insurance, designated by Seller.
188 I. TIME: Calendar days shall be used in computing time perIOds except periods of less than six (6) days, in wtlch event Saturdays, SU1days and state Q( natlOn-
189 allegal holidays shall be excluded. Arty time periods provided for herein which shalt end on a Saturday, Sunday, or a legal holiday shall extend to 5;00 p.m. 01 the
190 next business day. Time is of the essence in this Contract. ,*Statutory Deed, Bill of Sale
191 J. CLOSING DOCUMENTS: Seller shall furnish the 0000;-13.0 af 5f.l1e, aer<lifioota eHit.e, constructIOn lien affidavit, O'Nner's possession affidavit, aEi6igAFR8F-1te at" leas
-t-OO 00, teM ,t aRB mel"!~ee esle.elSsllett61 a and corrective instruments. Buyer shall furnish mortgage, mortgage note, securrty agreement and financing statements.
193 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shalt be paid by SeIIer.* All costs of Buyer's loan (whethElf' obtained *Buyer
194 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
195 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
196 Unless otherwise provided by law sr FiEfer t8 tRia CSAtraet, charges for related closing services, title search, and closing fees (including preparation of Ciosing
197 statement), shaU be paid by the party responsible for furnishing the title evidence In accordance with Paragraph V.
198 L PRORATIONS: CREDITS: Taxes, assessments, rent, interest, inSurance and other expenses of the Property sha!1 be prorated through the day before Closing.
199 Buyer sh~ have the option of taking over eXIstIng policies of insurance, If assumable, in 'Nhidl event premiums shall be prorated. Cash at CloSing shall be
200 increased or decreased as may be requirecl by proratiOns to be made through day pror to ClOSing. or occupancy, if occupancy occurs before Closing. Advance
201 rent and security deposits will be credited to Buyer. Escrow depoSIts held by mortgagee will be credited to Se~er. Taxes shah be prorated based on the current
202 year's tax with due allow'ance made for maximum aHQlNable discount. homestead and other exemptions. If Closing occurs at a date when the current year's mill.
203 age is not fixed and currer't year's assessment is available, taxes Will be prorated basea upon such assessmeM and prior year's millage. If current year's assess.
204 ment IS not available, then taxes will be prorated on prior year's ~ax. If there are completed improvements on the Real Property by January 1st of year of Closing,
205 which Improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an eQuitaole assess-
206 ment to be agreed upon between the partieS; failing which, request shall be made to the County Property Appraiser for an ir.formal assessment taking into
207 ac~t available exempliOf'1s. A tax proration based on ~ estimate shall, at request of either party. be readjustec upon receipt of current year's tax bill.
208 M. (RESERVED ~ purposely left blank)
209 N, INSPECTION AND REPAIR: DELETED
210 O. RISK OF LOSS: If, atler the Effective Date, the Property is damaged by fire or other casualty (~Casualty Loss") before Closing and cost of restoration (which
211 shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
212 Closing shall proceed pursuant to the terms of this Contract, and if restQ(ation is not completecl as of Oosing, restoration costs w~1 be escrowed at Closing. :f
213 ~he cost of restoratk:ln exceeds 1.5% of the Purcnase Price, Buyer sl"aJI either take the Property as IS, together wit'l tne 1,5% or receive a refund of deposit(s}
214 thereby releasll"lQ Buyer and SeHer from all further obligations LI1der this Contract. Seller's sole obligation 'Mth respect to tree carnage by casuahy or other natu-
215 ral occurrence shal be the cost of prurllng or rEll'TlO'VaI.
216 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. :f the t;tle agent insures adverse matters pursuant to Section 627.7841,
217 F.S., as amended, t!le escrow and cloSing prOCedure required by this -AS IS" Standard shail be waived_ Unless waived as set forth above the folloWing
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218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 closing procedures shall apply: III all closing proceeds shall be held in escrow by the Closing Agent for a period of not more tMn 5 days after Closing; (2)
220 if Seller's title is rendered unmaTketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall
221 have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds shall, upon
222 written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the 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, waiv.ng all rights agai~st Seller as to any intervening defect except as may be available to Buyer by virtue of war-
225 ranties contained in the deed or bill of sale.
226 a. ESCROW: Any Closing Agent or escrow agent (collectively MAgent~) receiving funds or equivalent is authorized and agrees by acceptance of them to depoSIt
227 them promptly, hold same In escrow and, subject to clearance, disburse them In accordance with terms and conditions of this Contract. Failure 01 funds to
228 clear shall not excuse Buyer's performance. If in doubt as 10 Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agents option, con-
229 tinue to hold the subject maner of fro escrow until the parties hereto agree to Its disbursement or unt'! a judgment of a court of competent jurischction shall
230 determine the rights of the Parties, or Agent may dePOSit same witl1 the clerk of the circuit court having j-.Jrisdicton of the dispute. An attorney who represents
231 a party and also acts as Agent may represent SUCh party il" such action, Upon notifying all parties concerned of such action, allliab~ity on the pan of .AJJent
232 shall fulty terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will compty with
233 ~r:)visions of Chapter 475, F.S" as amended. Any SUit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in
234 any suit w'1erein Agent interpleads the subject manei' of the escrow, Agent shall recover reasonable attorney's fees and costs incurred witn these amounts to
235 be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall no! be liable
236 to any party or person for misdelivery to Buyer or Seller ot items subject to the escrow, lXlless such misdelivery is due to willful breach at ~he provisions of this
237 Contract or gross negligence of Agent.
238 R. ATTORNEY'S FEES; COSTS: In any ~tigation, including breach, enforcement or interpretation, arising out of this Contract, the prevai~ng party in such Hti-
239 gation, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by
240 Chapter 475. F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attOfney's fees, costs and expenses.
241 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified. including payment of all deposits, the deposit(s) paid by
242 Buyer and deposit(s) agreed to be paid, may be recCNefed and retained by and for the account of Seliei'" as agreed upon liquidated damages, consideration for
243 the execution of this Contract and in full settlement of any claims; whereupon, Buyer and SeNer shall be relieved of all obligations under this Contract; or Seller,
244 at Seller's option, may prOCeed in equity to enforce Seller's rights under this Contract, If for any reason other than failure of Seller to make Seller's title mar-
245 ketable after diligent effon, Seller fails, neglects Of" refuses to perform thiS Contract, Buyer may seek spedfic performance Of elect to receive the return of Buyer's
246 deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records.
248 This Contract shall bind and inure to the benefit of the parties and ther successors in interest. Whenever 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 shall be as effective as if given by or to that party.
250 AI: notices must be in writing and may be made by mail. personal delivery or electronic media. A legible facsimile or electronic (including Mpdf") copy of this
251 Contract and any signatures hereon shall be considered for aU purposes as an original.
252 U. CONVEYANCE: Seiter shall convey marketable title to the Real Property by statutory waFFaAty,- fri;JStee's, j:)eFSeAal f'fJ,ares8Atati> e's. sr ~l:JardiaA'G deed, as
251 appropriate to the status of Seller. subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property Shall. at the
254 request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject onty to such maners as may be otherwise provided for herem.
255 V. OTHER AGREEMENTS: No prior or prosent agreemonts or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod-
256 ification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it.
257 W, SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readjy observable by Buyer or
258 which have not been disclosed to Buyer: (2) Seller extends and intends no warranty and makes no repruentation of any type, either express or implied.
259 as to the physicaJ condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as
260 to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any repairs or improvements made to the
261 Property without compliance with governmental regulation which have not been discJO$ed to Buyer.
262 X. PROPERTY MAINTENANCE: PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES, Sel.., shall maintain the Property, including,
263 but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon
264 reasonable notice, provide utilities serv:ce and access to the Property for appraisal and inspections, including a walk.through prior 10 Closing, to confirm that
265 all items of PerSOnal Property are on the Real Property and that the Property has been maintained as required by this "AS IS~ Standard. Seller will assign all
266 asSignable repair and treatment contracts and warranties to Buyer at Closing,
~ Y. 1ea1 O(GflJ.NGC; If cittler Ccae, er-Btl';'ef ..ish to eAte, iRts a lilt€: IIi, I€J 81Iel'1a,,,\@8(either9imI;;lItSr:1eel;lEl l.itt1 CleerAg Elr eleferFeB) witA reepSGt te InS PFa~8r:tJ
268 ij, ,d8r Ceetier'l 19a1 at tR~ II"lt81'l'\al ne.'efll:l8 Cese (.Dulhal"l@e"k~ atRer 198ft, 5hell 6ee138rate iA all r=eaeeAaete resl3sete te effeetl:;late ttle ExsA8Rge, Ash:.lej
259 :f1!il ti"le ~;ecJti8" e~ eJeStll'l'\8l'lt5, I3I'e,ieleel (1) tt:le eesI36,atiA@ 13Sfl') ~hall tf'eur--A&Iiet;J;~:tl sr eH138 lee reletaEl te tj:)e Ex6A8Age BRei (2) tt:le ClasiA~-&Aall r-let ee
2-7G OOI"1t:flgSflt tJl38fl. Ae~ aHtsFlBBB sr Bela,sel 8~, ableR ul8i'1Bf-1fje.
271 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and. to the extent permitted by law, against My F8IJI Mfa,. '18MB88 lA'.'9!'.8t/
272 in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the ContlllCt and be subsequently discovered by the
273 Buyer or anyone claiming by, through, under or against the Buyer.
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