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As Is Contract for Sale and Purchase #21* 2* 3 4 5 6' 7* 8* 9 10 11 1* 12* 13* 14* THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS* AND THE FLORIDA BAR "As Is" Contract For Sale And Purchase' PARTIES: COLLIER COUNTY, a Political Subdivision of the State of Florida ( "Seller'), and RUTH DARLENE PARLIER, A SINGLE WOMAN ( "Buyer "), hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property ") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ( "Contract "): I. DESCRIPTION: (a) Legal description of the Real Property located in COLLIER County, Florida: Lot 16 , Block D, South Tamiami Heiqhts, recorded in Plat Bk 3, Page 44, Public Records, Collier Countv. (b) Street address, city, zip, of the Property: 3502 CALOOSA STREET, NAPLES, FL 34112 (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: CENTRAL AIR CONDITIONING, WASHER & DRYER FROM PREVIOUS OWNER, & MICROWAVE Items of Personal Property (and leased items, if any) excluded are: N/A 15* II. PURCHASE PRICE (U.S. currency): .................. . ....... . ............. . .................. $ 72,000.00 16 PAYMENT. 17* (a) Deposit held in escrow by Stewart Title Co. ( "Escrow Agent ") in the amount of (checks subject to clearance) $ 1,000.00 18* Escrow Agent's address:3936 Tamiami Tr. N., Suite A, Naples, FL 34103 Phone: 239- 262 -2163 19* (b) Additional escrow deposit to be made to Escrow Agent within 20 days after Effective Date in the amount of...... , , , , $ 1,160.00 20* (c) Financing in the amount of ( "Loan Amount ") see Paragraph IV below .... .... , .. , .. $ 52,560.00 21* (d) Other *. *.SEE LZNES. 115 THROUGH 117 , , , , $ 17,280.00 .. ............................... 22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject 23* to adjustments orprorations . ........................... ............................... $ -0.00- 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 FIFTEEN (15) DAYS the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other - 27 ..me stated, the ::^ c sc, tart ... f w , ^tc:�*fe,. sh »�� be ° ,aa ,s 28 (b) The date of Contract ( "Effective Date ") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the 29 final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above for 30 acceptance of this offer er�4wpplicvb!e the f?^wl o 'ntera #er 31 IV FINANCING: 32* 0 (a) This is a cash transaction with no contingencies for financing; 33* 3 (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase 34* the Property ( "Loan Approval ") within days (if blank, then 30 days) after Effective Date ( "Loan Approval Date') for (CHECK ONLY 35* ONE): 3 a fixed; a an adjustable; or O a fixed or adjustable rate loan, in the Loan Amount (See Paragraph T(c)) at an initial interest rate not to 36* exceed 6 . 00 %, and for a term of 3 0 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 writing of receipt of Loan Approval by Loan Approval 38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of other property shall 39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and 40 lenders) to disclose information regarding the conditions, status, and progress of loan application and Loan Approval to Seller, Seller's attorney, 41 real estate licensee(s), and Closing Agent. 42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by 43 delivering written notice ( "Seller's Cancellation Notice') to Buyer, but not later than seven (7) days prior to Closing. Seller's Cancellation Notice shall 44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Financing contingency, or the Contract shall be cancelled. 45 DEPOSITS) (for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval 46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposits) shall be returned to Buyer. If Buyer obtains Loan 47 Approval or waives this Financing contingency, and thereafter the Contract does not close, then the deposits) shall be paid to Seller; provided how - 48 ever, if the failure to close is due to: 0 Seller's failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or pp Buyer's lender 49 fails to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then the deposits) shall be 50 returned to Buyer. 51* ❑ (c) Assumption of existing mortgage (see rider for terms); or 52* O (d) Purchase money note and mortgage to Seller (see "As Is" Standards B and K and riders; addenda; or special clauses for terms). 53* V. TITLE EVIDENCE: At least 5 days (K blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as 54 exceptions attached thereto (`Title Commitment ") and, after Closing, an owner's policy of title insurance (see Standard A for terms) shall be obtained by: 55* (CHECK ONLY ONE): ❑ (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or 56* [a (2) Buyer at Buyer's expense. 57* pw tZ `Le wr-o I. rl If on ohetro«wt_ot nf_ tittin iW to he f„rnioF,or! ineio A of title in- gonna ­4 AA­ f_ nor tee �c 58* VI. CLOSING DATE: This transaction shall be dosed and the closing documents delivered on * *.r,EF. LTNF. l l 9 (°Closing'), unless 59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting 'force majeure ", Closing will be 60 extended a reasonable time until: @ restoration of utilities and other services essential to Closing, and ii availability of Hazard, Wind, Flood, or Homeowners' 61* insurance. If such conditions continue more than days (if blank, then 14 days) beyond Closing Date, then either party may cancel this Contract. FAR /BAR ASIS -2 Rev. 9/07 02007 Florida Association of REALTORS® and The Florida Bar All Rights Reserved Page 1 of 5 62 63 E4 65 66 67* 68* 69 71 72 73 74 75* 76* 77 78 79 80* 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98* 99* 100* 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for residential purpose(s). VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. if P;@p94y us iAte F if eeeupaney is te be delivered befefe Gles'Afi, BUYeF aSSUFReS all FOG' (8 Bf 1866 tO PFE)POFty #91FA elate ef QG.upaRG�L, rshall be responsible and In far FmaInteiganee ffi thEA Elate, and algal! lee deemed te have eeeepted RFepeF:ty in Its existing eeRditieR as 91 time 4 tal4A9 9GGwpaRG�4 IX, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro- visions of this Contract in conflict with them. X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer ❑ may asst n and thereby be released from any further liability under this Contract; ❑ may assign but not be released from liability under this Contract; or 3 may not assign this Contract. XI. DISCLOSURES: (a) The Property may be subject to unpaid special assessment lien(s) imposed by a public body ( "public body" does not include a Condominium or Homeowners' Association). Such lien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments, as of Closing, shall be paid as follows: ❑ by Seller at closing d by Buyer (if left blank, then Seller at Closing). If the amount of any 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 last estimate or assessment for the improvement by the public body. (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per- sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, Additional information regarding radon or radon testing may be obtained from your County Public Health unit. (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information regarding mold, Buyer should contact an appropriate professional. (d) Buyer acknowledges receipt of the Florida Energy - Efficiency Rating Information Brochure required by Section 553.996, F.S. (e) If the Real Property includes pre -1978 residential housing, then a lead -based paint rider is mandatory. (f) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- TION /COMMUNITY DISCLOSURE. (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER- SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES, IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. XII. MAXIMUM REPAIR COSTS: DELETED XIII. HOME WARRANTY. ❑ Seller ❑ Buyer 4 N/A will pay for a home warranty plan issued by at a cost not to exceed $ XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have 5 days from Effective Date ( "Inspection Period) within which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract; and (c) if Buyer determines, in Buyers sole discretion, that the Property is not acceptable to Buyer, Buyer may cancel this Contract by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyer and Seller shall be released of all further obligations under this Contract, except as provided in this Paragraph XIV. Unless Buyer exercises the right to cancel granted herein, Buyer accepts the Property in its present physical condition, subject to any violation of governmental, building, environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements required by Buyers lender. XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: * • CONDOMINIUM ❑ VA/FHA U HOMEOWNERS' ASSN, ❑ LEAD -BASED PAINT ❑ COASTAL CONSTRUCTION CONTROL LINE • INSULATION ❑ EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) ❑ Other Comprehensive Rider Provisions ❑ Addenda * Special Clause(s): ** *Buyer will receive $21,600 from the Collier County Neighborhood Stabilization Program. Buyer will use + $17,280 (24% of the purchase price) for principal reduction and the remaining balance of $4,320 will be used * for closing costs, and prepaid items associated with the first mortgage transaction. : * *The transaction shall be closed on or before one - hundred and eighty (180) days of the effective date. * * XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ( "AS IS" Standards): Buyer and Seller acknowledge receipt of a copy of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract. FAR/BAR ASIS -2 Rev. 9/07 © 2007 Florida Association of REALToRs* and The Florida Bar All Rights Reserved Page 2 of 5 128 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 ASSOCIATION OF REALTORS® AND THE FLORIDA BAR. 131 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a 132 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining 133 positions of all interested persons. 134 AN ASTERISK(`) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. 136+_/ t, LA. �4, �( �, �'.J �A`J�'i -� Seller Signature Below 136 (BUYER)RUTH DARLENE PARLIER (DATE) (SELLER) (DATE) 137" 138 (BUYER) (DATE) 139" Buyers' address for purposes of notice P.O. BOX 11743 140' NAPLES, FL 34101 Seller Sianature Below (SELLER) (DATE) Sellers' address for purposes of notice c/o CC RPM, 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 141• 239- 777 -8483 Phone (239) 252 -8991 Phone 142 y SeepeMtIng .. ,.r. a nsatio , in 443 this n ntree.. i 4w- ivame: — CONVEYANCE APPROVED BY BCC: DECEMBER 1, 2009 - ITEM 17B and OCTOBER 12, 2010 - ITEM 16D2 and December 13, 2011 - Item 10A. DATED: ATTEST: Y.. DWIGHT E. BROCR BYE: Attest As `O Q perk Approved as to form and legal sufficiency: � BY: S) 71 (', N Jennifer White, Assistant County Attorney 3 ' oZ $ �► 3 Property Address: 3502 CALOOSA STREET, NAPLES, FL 34112 SELLER:- BOAR A OF SOUNr COMMI SIONERS COLL1/LER I FLO DA BY: Geo gi ller, Esq., Chairwoman FAR/BAR ASIS -2 Rev. 9/07 02007 Florida Association of REALTORS* and The Florida Bar All Rights Reserved Page 3 of 5 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 153 164 165 166 167 168 169 170 171 172 173 174 4-75 4-74 +77 4qg 180 181 182 183 184 185 186 187 188 189 190 191 +93 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters contained in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards adopt- ed by authority of The 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 found defective, notify Seller in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a reason- able period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall 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 shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt to examine same in accordance with this "AS IS" Standard. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept in good standing; shall forbid modifications of, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within the term "extended coverage 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 and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in mort- gages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein the Real Property is located. All Personal Property and leases being eenyeyed OF 866ig will, at Seller's option, be subject to the lien of a security agreement evi- denced by recorded or filed financing statements or certificates of title. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi- fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable govemmental regulations, the same shall constitute a title defect. D. WOOD DESTROYING ORGANISMS: DELETED E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS" Standard A without exception for lack of legal right of access. F LEMES2 Geller shall at least 10 days betre Glosing, furnish !a 8W9F Gopies of all VMtt8R leases and estoppel tartem frn nh tansm specillying ilhe — .+....,+l.... --+..I ­+__ .,..h,.,.....,.+ __+ .,...+ ­­A , Aems--- ,, +c _.iA L.., +cn + If Qc11c ,c „nchlc +n nh +c,n o„nh Ic++cr from cosh tcn- G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme- diately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all 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 been paid or will be paid at the Closing of 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 ( "Closing Agent's designated by the party paying for title insurance, or, if no title insurance, designated by Seller. I. TIME: Calendar days shall be used in computing time periods except periods of less than six (6) days, in which event Saturdays, Sundays and state or nation- al legal holidays shall be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. *Statutory need, Bill of Sale J. CLOSING DOCUMENTS: Seller shall furnish the deems bill ef sale, eertifieate of title, construction lien affidavit, owner's possession affidavit, assigiRFRaRts at leas and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements. K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller *AII costs of Buyers loan (whether obtained *Buyer from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law , charges for related closing services, title search, and closing fees (including preparation of closing statement), shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. Buyer shall have the option of taking over existing policies of insurance, If assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, rf occupancy occurs before Closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mill - age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess- ment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing, 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 equitable assess- ment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill. M. (RESERVED - purposely left blank) N. INSPECTION AND REPAIR: DELETED O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty ("Casualty Loss's before Closing and cost of 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 obligation of Seller and Closing shall proceed pursuant to the terms of this Contract, and if restoration is not completed 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 as is, together with the 1.5% or receive a refund of deposit(s) thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree damage by casualty or other natu- ral occurrence shall be the cost of pruning or removal. P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following FAR/BAR ASIS -2 Rev. 9/07 02007 Florida Association of REALTORS and The Florida Bar All Rights Reserved Page 4 of 5 218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 219 closing procedures shall apply: (1) all closing proceeds shall 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, 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, waiving all rights against 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 O. ESCROW: Any Closing Agent or escrow agent (collectively "Agentl 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 of funds to 228 clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, con- 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 all parties concerned of such action, all liability on the part of Agent 232 shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with 233 provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a parry because of acting as Agent hereunder, or in 234 any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with 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 parry. The Agent shall not be liable 236 to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this 237 Contract or gross negligence of Agent. 238 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such liti- 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 parry reasonable attorney'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 deposits) paid by 242 Buyer and deposits) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for 243 the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of ail 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 Seiler to make Seller's title mar - 245 ketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or 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 their 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 All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic (including "pdf") copy of this 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 wa ra^t;, trwelle , ��, w' �; r� �t ;.. ,di -.,, deed, as 253 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 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 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 readily observable by Buyer or 258 which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied, 259 as to the physical condition or history of the Property; (3) Seiler 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 disclosed to Buyer. 262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller 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 service and access to the Property for appraisal and inspections, including a walk- through prior to 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. 2-67 * 1031 E)WHANGE: If e4heF SeIIeF er BuyeF wish te entef into a like kind exehange (eftheir sirnuftaneour. with Gies R9 OF deferFed) with r4aslaw to the PrgpeO, M g the eexeeutien of 4, ..r ent. ,evidec (1) the ,µt• . °~w;; ,'eu a liability .elated to the c..etiange and i2) the Closing shall Rot tie n7-n 271 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, ag—ph rt aW m! estatefieenaeeinvolved 272 in the negotiation of the Contract for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the 273 Buyer or anyone claiming by, through, under or against the Buyer. FAR/BAR ASIS -2 Rev. 9/07 © 2007 Florida Association of REs.LTORs6 and The Florida Bar All Rights Reserved Page 5 of 5 FHA REAL ESTATE CERTIFICATION AND AMENDATORY CLAUSE Purchase Property Address: 3 j 0 2 CCt l 0 S, Real Estate Certification: It is further agreed and understood that in submitting a request for a Firm Commitment for mortgage insurance, the Seller(s), the Purchaser(s), and the Broker or Agent involved in the transaction do each certify that the terms of the contract for purchase are true to the best of his/her knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transaction is fully disclosed and is part of, or attached to the sales agreement. Amendatory Clause: It is expressly agreed that notwithstanding any other provisions of this contract, the Purchaser shall not be obligated to complete the purchase of the property described herein or to incur any penalty by forfeiture of any earnest money deposits or otherwise unless the purchaser has been given in accordance with HUD /FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement lender setting forth the appraised value of the property of not less than $ 72; 0 : .`ti., . The purchaser shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housina and Urban Development will insure. HUD does not warrant the value nor the condition of the property. The Purchaser should satisfy himself/herself that the price and condition of the roperty are acceptable. Note: The dollar amount to be inserted in the amendatory clause is the sales price as stated in the sales contract. WE, THE PURCHASER(S), SELLER(S), AND SELLING AGENT OR BROKER, CERTIFY THAT WE HAVE READ, UNDERSTOOD AND AGREED TO BOTH OF THE ABOVE PARAGRAPHS, AND UNDERSTAND THEY ARE A PART OF OUR SALES CONTRACT. oea, , � - - 0-t , 5 Date Purchaser Date 5� ---iM351i!TuTe Z-5X,0-00TiaA1 IOR66 �711G1�E� gMZ7 -0 Seller Date Ptirehmer gate /Y� Selling Agent or Broker Date NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 3502 Caloosa Street, NAPLES, FL 34112 Folio Number: 74412640000 Re: FHA Purchase Agreement Addendum SUBSTITUTE EXECUTION PAGE Date Property conveyance approved by BCC: December 1, 2009 — Item 1713; and October 12, 2010 —Item 16D2; and December 13, 2011 — Item 10A DATED: 3 ATTEST DWIGHT E. BROCK, Clerk r Clerk Attest Wit© signature oAly Approved as to form and legal sufficiency: Jenne er B. White, Assistant County Attorney BOAR 't OUNTY COMMISSIONERS COLLI Ri)3 UNTY, FLORIDA BY: Gedr�id N Willer, Esq., Chairwoman NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 3502(b}uns Street, Naples, FL 34112 Folio Number: 74412640000 STATUTORY DEED THIS STATUTORY OEED, made this ��� day of /~ 2013. by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail Eest, Suite 101. Nap|es, Florida 34112'6356, hereinafter called the Grantor, to RUTH DARLENE PARL|ER, a single wvomnmw, vvhoua mailing address is 3502 Co|ooaa Stnaet, Napieo, FL 34112. hereinafter called the Grantee. (Whenever used herein the terms ^Gmntor" and ^Gnamtee include all the parties ho this instrument and their respective heirs, successors orasaignaj VNTNE8SETH that the Grantor, for and in consideration of the sum nf Ten Dollars, ($10.00)tobin hand paid by the Gnantee, receipt whereof is hereby acknnw|adQed, does hereby Qront, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: LOT 16, BLOCK O. SOUTH TAM|A@| HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Subject to easements, restrictions, and reservations cfrecord. IN WITNESS WHEREOF the said Grantor has caused these presents tobe executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. This Conveyance Approved by BCC: December 1, 2809 — Item 1713; October 12, 2O1O'Item 16D2; December 13, 2011 - Item 10A ATTEST� Dwight E Brock, Clerk Approved aato form And legal sufficiency: JenWfer'B. White, Assistant County Attorney � BOARD OF COUNTY COMMISSIONERS COLLIE CO NTY, FILORIDA Gedrgi� A). +11116r, Esq., Chairwoman NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 3502 Caloosa Street, maples, FL 34112 Folio Number: 7441.2640000 BILJ OF SALE THIS BILL OF SALE evidencing the sale and conveya ce of furniture, fixtures, furnishings, appliances and equipment described herein is made this ,2 "� �� day of [-Yj a -& 4-1 , 2013, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (hereinafter referred to as "Grantor"), and RUTH DARLENE PARLIER, a single woman whose address is 3502 Caloosa Street, Naples, Florida 34112, (hereinafter referred to as "Grantee"). 0wlffin�� That said Grantor, for and kl consideration of the sum of Ten Dollars ($1OJ]U) and other good and valuable consideration to said Grantor in hand paid by the said Grantee, the receipt whereof bhereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Grantee, and the Grantee's successors and assigns forever, certain furniture, fixtures, furnishings, appliances, equipment and other pemomo|h/ located upon those lands and premises conveyed on this date by Grantor bo Grantee lying and being in Collier County, Florida and known a*3SO2[a|oosa Street, Naples, Florida 34112. Those items of personalty conveyed hereby ane|istedonExhibit"A~attachedheretoandincorponatedbynsfenanoehenein. Grantor warrants that Collier County is the lawful owner in every respect of all of the personalty described in Exhibit "A^attached hereto and that it is free and clear ofall liens, security agreements, encumbrances, claims, demands, and charges uf every kind whatsoever. Grantor binds Grantor, and its successors and assigns, to warrant and defend the title to all of the personalty described in Exhibit "A" attached hereto to Grantee or Grantee's successors and assigns, forever against every person lawfully claiming the described property many part of it. THE PERSONALTY DESCRIBED IN EXHIBIT'A" ATTACHED HERETO IS SOLD "AS-IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF SUCH PROPERTY. 8YACCEPDNGTHIS BILL DF SALE, GRANTEE(S) REPRESENT THAT S) HAVE PERSONALLY INSPECTED THE DESCRIBED PROPERTY AND ACCEPTS THE PROPERTY 'Y\S-IS". IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. ATTEST: � DWIGHT E`E}RQCK,�erk i er, sq., Chairwoman O'.` Approved as to form and legal sufficiency: Jennif�'r-B, White, Assistant County Attorney NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 3502 Caloosa Street, Naples, FL 34112 Folio Number: 74412640000 Bill of Sale EXHIBIT "A" Refrigerator Range Dishwasher Microwave Washer & Dryer (from Previous Owner) Central Air Conditioning Four (4) Ceiling Fans