Case File
efta-efta01079645DOJ Data Set 9OtherDS9 Document EFTA01079645
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DOJ Data Set 9
Reference
efta-efta01079645
Pages
16
Persons
0
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29'
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41'
"AS IS" Residential Contract For Sale And Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR
PARTIES:
and
3
agree that Seller shall sell and Buyer shall buy the following described Real Property
4
(collectively "Property") pursuant to the terms and conditions of this AS IS Residential
s
Purchase and any riders and addenda ("Contract"):
e
1. PROPERTY DESCRIPTION:
(a) Street address, city, zip:
w
(b) Property is located in:Palm Beach
Open
, Florida.Re
Real Property Tax ID No.
a'
(c) Real Property: The legal description
10
11
12
13
14
15
16
17
19
("Seller"),
("Buyer"),
and Personal Property
Contract For Sale And
together with all existing Improvements and fixtures, including built-in appliances, built-In furnishings and
attached wall-to-wall carpeting and flooring ("Real Property" unless specifically excluded in Paragraph 1(e) or
by other terms of this Contract.
(d) Personal Property: Unless excluded in Paragraph 1(e) or by other terms of this Contract, the following items
which are owned by Seller and existing on the Property as of the date of the initial offer are included in the
purchase: range(s)/oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fixture(s),
drapery rods and draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security
gate and other access devices, and storm shutters/panels ("Personal Property").
20'
Other Personal Property items included in this purchase are: washer, dryer, See Addendum
21
Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer.
as
(e) The following items are excluded from the purchase: See Addendum
24
25
PURCHASE PRICE AND CLOSING
26' 2. PURCHASE PRICE (U.S. currency)'
$
27'
(a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) $
se
The initial deposit made payable and delivered to "Escrow Agent' named below
(CHECK ONE): (i)O accompanies offer or (ii) (El is to be made within
3
(if left
blank, then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN
OPTION (ii) SHALL BE DEEMED SELECTED.
Escrow Agent Information: Name: Lawrence A Moens Associates,
Address: 245 Sunrise Avenue
Phone:
(b) Additional deposit to be delivered to Escrow Agent within
(If left blank, then 10)
days after Effective Date
(All deposits paid or agreed to be paid, are collectively referred to as the "Deposit)
(c) Financing: Express as a dollar amount or percentage ("Loan Amount) see Paragraph 8. . .
(d) Other:
(e) Balance to close (not including Buyers closing costs, prepalds and prorations) by wire
transfer or other COLLECTED funds
$
5,200,000.00
42
NOTE: For the definition of "COLLECTION" or "COLLECTED" see STANDARDS.
c
3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE:
44-
(a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before
4s-
Sims; 03/31/2016 .
this offer shall be deemed withdrawn and the Deposit, if any, shall be returned
46
to Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the
day the counter-offer is delivered.
48
(b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or
49
Initialed and delivered this offer or final counter-offer ("Effective Date").
so 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur
si
and the closing documents required to be furnished by each party pursuant to this Contract shall be delivered
sr
("Closing") on
Hay 16. 2016
("Closing Date"), at the time established by the Closing Agent.
lams figure represents $5,600,000 for the Property and $100,000 for
the P sonal Property
Buyer's Initials
Page 1 of 12
Sellers Initials
FlorldaRealtors/FlorldaBaraSIS4 Rev. W1502015 Florida Realtors® and Tho Florida Bar. Al rights reserved.
Lameaot A. Moats *ocelot., be..24.1Sunrisa Anew Pio Stack Ft 13460
Mira: 0411653-3510
Rw (361)6534744
124 As Mama
tale Moon
PROMS %el xi:Fool-OW *ooh 18070 Filloon AGO Road, ream. Fach‘ain 48026
Ins.
5,700,000.00*
500,000.00
47
EFTA01079645
m 5. EXTENSION OF CLOSING DM:
%,
(a) If Paragraph GM) Is checked and Closing funds from Moor's lenclor(t) are not avallablo on Closing Dale due
v.
to Consumer Financial Protection Bureau Closing Oiselotore cleavage teguiromenta (TITO Regulremontsl,
to
than Closing Date shah bo extended for such period nocossary to satisfy GERD Regukaments, provided such
sr
period shall not exceed 10 days.
>7
0.4 If oxtrome weather or dime condition or event constituting Tomo Majoure (see STANDARD G) causes: (I)
sr
disnipliOn of utilities or other services essential for Closing or (i) Huard, Wind, Flood or Homocromers'
N
insurance, lo become unnwillabin prior to Muskat. Closing shall be extended a reasonable time rip to 3 days
or
alter 'etiolation n1 °Milos and tabor sorts essential to Closing and availability at applicable Hazard, Wind,
oz
Flood or tiornoowners' Insurance. U maturation of such utilities oc GOTViCOs and availability of insurance has
0'
not °conned within _
___
(if loll blank, then 14) days atter Closing Date, then either party may terminate
N
this Contract by delivering written wilco lo the other pasty, and Buyer shall he rolundod the Voposii, thereby
en
releasing Boyar and Sober boor all Mellor obligationu under Pk Contract.
CA G. OCCUPANCY AND POSSESSION'.
a;
(a) Unfass the box in Paragraph 8(h) ts chectherf, Setter shall, al Closing, deliver occupancy and possession 04
a
the Properly Is. Buyer Imo of tenants., occuponin wad future tonanclus. Also, at Closing, Salter shall have
a
removed all petsonol doers and trash frofn filo Iftopfuly and thall deliver all keys, guano door openers,
fa
access devices and codes, no oppitoble, to Buyer. II occupancy Is to be delivered bolero Closing, Buyer
If
assomos oil risks of loss to the Moonily from dole of occupancy. shah he roam:n=00ln and liabto for
72
maintenance hem that dale, and shall ho deemed to have accepted the Monody in Ile okinting condition vs of
IJ
limn of aking occupancy.
le
(b) )3 CHECK IF PROPERTY IS SUBJECT TO LS)ASE(S) OR OCCUPANCY AFTER CLOSING. If Property Is
is
subject to a leteio(s) attar Closing or is Intended to be ranted or occupied by thinn pasties beyond Closing, the
m
facts end leant thereof shaft be disclosed In writing by Seller to Boyar end copies of the wagon lease(s) shall
77
be delivered to Buyer, el Willflri 5 days after Effective Dato. If Buyer determines In Boyar's solo discretion,
ra
that the leastr(s) or terns of occupancy ma not accoptablo to Boyer, Boyar may terminate this Contract by
ro
delivery of YifiltOti notice of such action to Seller within '3 days after moolpi of the above hems from Seller,
co
and Duyer shall be refunded the Dopier] thereby re:casing Ewer and Softer from oil further obligations wake
Ai
this Contract. Esloppal Later(v) and Stutters affidavit shall bo provided purnuont to STANDARD D. It Property
or
to Intended to Ire occupied by Sailor allot Closing, sue Rider U. POST-CLOSINCI OCCUPANCY BY SELLER.
&V 7. ASSIGNABILITY: (CHECK ONE) Buyot fl may resign and thereby be infused from any further liability under
or
this Contract; 8?) may assign but not ho relernsod from liability odor this Contract; of Of may not assign Ns
is
Contract.
es.
FM/BOOING
fit 0.. FINANCING:
ar
fSJ (a) Royer Mil pay cash for the purchase of the Property at Closing. lhoie is no financing contingency to
a
Buyer's obligation to close. If Buyer obtains u loan for any pmt of the Pedrosa 121100 of lin Properly, Buyer
to
aciinctededgns that any terms end condition ImposAc) by buyer's londor(e) or by CFPB Flogukomento shall not
or
affect or extend the Buyer's obligation to close or olhonto affect any torts or conditions of fhb Contract.
or
Cl (b) This Contract Is contingent upon Buyer obtaining a written loan commitment for a fj conventional 0 FHA
or
0 VA or 0 other
(difSaI110) loon on flin following terms within
. (II loft blunk. then 45)
oe
days alter Eflectivo—Dita—(1.—o—a—
r C anmilment Dater) lot (CHECK ONE): Cl II1CID adjustable, flexed or
er
aqustable role loan In rho i oan Anloont (sou raraornph 2(0), of sir tailor IntoresI role not to exceed
%
N•
(II loll blunt', Ihnn ravelling rate based upon Buyer's crocatveortigness), and for a loan of
Tfieft blank,
ez
Mona)) yaws eflnanelnul.
N•
Buyer shall make mortgage loan application for tho Financing vein*.
(aloft blank, pion 6) days after
ei
Ettoralvo Dale ftild urn good tar end flIkennf effort la obtain a written loan co.anitment for the Financing ('Loan
%co
Commitment') and thereafter to dose ibis 04111.fati. Buyer Wirt keep Sailor and Butt fully informed about the
col
status of mortgage loan application oral Loan Commitment and arthocizets Buyer's mortgage broker and Buyers
Mt
lender to disclose stall MMus and moan's, to Sutler and Broker.
Ire
row
Upon Buyers recalpt of Loan Commhmont, Buyer shall provido written node° of stone to Solicit, II guru does col
es
receive Loan Commitmont by Loon Comtnilmant Date, then thereafter ether putty may cancel this Contract up to
la
the earner of:
thinfif ' 114
FloskletneotriartifilleASM-1
M
EFTA01079646
107
103
105
no
ill
112
113
114
m
If IJuynr delivers wrillen notice of receipt of loan ComaMural to Seller and This C01111/1C1 dons not therealtar
w
close, the Driposit shall bo paid In Seigor unlost !Slum to close is due to: (1) Seller's default; (2) Properly related
in
conditions of the Loan Cowantimid have not boon mol (except whon such conditiok no waived by Other
114
provisions of Ilk Contract): (3) appraisal of the Property obtained by Buyer% lender Is lasultidenl to meol terms
no
al the Loan &immanent; or (4) the loan Is 1101 funded duo lo financial failure of Buyer's lander, In which ovenl(s)
No
the Duposil Midi bo Maned to Buyer, thereby releasing Buyar and Soler from all further obligations under this
'el
Contract.
la.
K (c) Assumption of existing mwtgago (see Odor for terms).
123.
K
(d) Purchase money not» and markings lo Softer (ono Mims: addenda; or special clown for terms).
CLOSING COSTS, FEES AND CHANGES
(L) Buyer,: delivery øl walion noUco to Seller that Buyer has either revolved Loan Corn/aliment or olocred
to waive the financing contingency of Ilile Contract; or
(k) 7 star prior to lho Closing Dato specified In Paragraph 4, which date, for purponos of tidt Peragraph
8(b) it), shall not ho mantled by PaiegraPh 5(o).
If either partytimely concols this 'Contract pursued lo this Prompaph 0 and Buyer An not In (retook under the terms
of this Contract, Buyer shall bo refunded tin Deposit thereby relenting 0tryer and Seller from oil lusher
obligations under INS Centred. Il neither party has timely canceled this Conlrar.1 pursuant to the Paragraph 0,
glen ligt, Monolog contingency shah bo doomed waived by foyer.
Ess 0. CLOSING COSTS; IDLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:
IN
(ti) COSTS TO BE PAID Olt SELLER:
127
• Documentary stamp toxos and surtax on Mid, 9 any
• NONCondomlnium Association estoppel feos
in
• Owner's Poky and Chargen (if Paragraph 0(o) (i) In diediml)
• Recording and other foes needed lo onto Ogg
ito
• "fills sonic, charges (II Parugraph 9(o) (110 Is checkoff)
• Seller's ahomeyn' feet;
no
• Municipal lion search (if Paragraph 0(u) (I) or (SO JO COOokOO)
• Ohm
131
II, pdor to Closing. Seller Is unable lo mkt the AS IS Maintenance F-Wareinent as required by Pnrngraph 11
on
a sum equal to 125% ot estimated costs to roam the AS IS Maintenance Requiremont shall bo .escrowed al
no
Closing. If Muni costa to tittel the AS IS Maintenance Requirement oxceod uscroWOU Mount. Seller shall
134
poy such actual costs. Any unused pwlIon of escrowed amoungs) shall bo returned to Seller.
Us
(b) COSTS TO an PAID BY I3UYER:
iss
• TOMS rind recording Mos on notos and moriongos
• Loan expanses
137
• n0C0fding fees for deed and ffnuneing Meanings
• Appraisal foe,
ne
• Ownof s Poky ord CI mass (if Paragraph 9(4(10 la chccamq
• Buyer's InspectIonc
no
• Survey (and olovation 03fillkatloo. II requited)
• Eggers attorneys' foes
140
• Larder's MSS policy arid onsforoemonin
• All property relnlod Insurance
MI
•110ArCondoininf urn Assodagon application/Dekko Ms
• Owner's Poliny Promlum (If Paragraph
142
• Munklpal Ilan smirch Of Pruogruph 9(c) (II) Is checked)
9 (o) (Iii) la chocked.)
Hp
• Other:
HO
(C) TITLE EVIDENCE AND INSURANCE: At lanai
(if brit blank, then 15, or it Paragraph 001 Is chocked,
iai
then 5) days prior lo Closing Duk (illio Evidence Deacon'), a tab Insuranco commitment mad by a
1411
Florida neonatal ello Intanon with legible copies of Instruments listed as exceptions attached thereto (lute
us
Commitment") and, Slur Closing, an owner's policy el 1140 ilOW0/1C11 Me STANDARD A for loran) shag be
la
obtained end delivered to (Pryor. Il tailor hoc no ownoia policy of Me Sisuranco coveting the Host Property
in
ri copy stroll be toothed to Buyer and Closing Agent wilma 5 days idler Effoclive Dole the owner's lido
Jai
policy premium, title search and Mal® torvloss (colloritivet. 'Owner's Poky and Chargos, shall hir paid, as
lll
sol forth below. The den InKluneira premium charger. Mr Me owner's policy tal buy endete poky wiS be
on
calm/Wed cod allocated ii accordance will; Florida law. but may be reclaim' difformilly on Main federally
(43
mandated closing diSclOsures end other cloning docliniOall.
im
(CHECK ONE):
ISO
181 (I) Seller shu/I design/Ito Closing Agent and pay lor OVHIU1'9 Policy end Chargen, and Writ shall pay the
153
premium for Buyer's .Inialor's policy and charges for °being sondeas related lo te leridor's poky,
In
endorsement; and loan Clco:ing, ,,skil Golf/unto shall ha mid by Royer le Closing Agent or such other
to
EiovIdor(s) as Buyer may 907001; a
147
ti (I0 Buyer wig desitinale Closing Agent and pay (et Owner's Policy and Clittrgos and charges for closing
no
services related to Buyer's londOis policy, endorsamentS. and loan dosing; or
rep
0 (ill) (MIAAltiDADEEIROWARD REGIONAL PROVISION: SS will furnish ir copy of end« °woes
um
policy of title Insurance a other evidence øl lide and pay Mt for: (A) a cordinuotion or update od such Edo
h r
.
Buysrls
Page :1 of 12
Sellers (Mat 1,"
Hoikionootioario,wirrim-Asis-e
Bf IS f 2015 Rodin flOar4,4t0,421 On, Florida &v. Al NM. itatWoct
OteccogroOowonVinflon 1072O,‘-t000lokt foo4111.1"4oloos toost44~
124 roc »mom
EFTA01079647
no
evidence, with Is axoplablu V Buyorb 01/0 insU1011C0 uraferwriter fa/ telt:SIM of coves:ma; (11) lax search;
144
and (C) municipal lion thmb. Buyer shall obtain arid pay for post.Ckving continuation end premium for
165
Buyer's owner's policy, and if applicalakr, Buyer's 'undoes policy. Sailor shall not bo obligated to pay more
144'
(i/ /Oft blank, Ilan $200.00) for abstract continuation or title search ordered or
1111
than $
pole:mad by ClosingAgent.
m
(d) SURVEY: On or before 71119 Evidunce Coastline, Buyer may, at Boyar's mamma, have the Raul property
in
survoyod and certified by a AVISII141111 Florida surveyor ("Survey). If Seger hos n survey coveting the Real
ITO
Property, a copy shall be furnished to Buyer and ClosIno Agent within 5 days altar Effective Oath.
ni•
(8) HOME WARRANTY:At Closing, U Boyar n Sailor (1I NIA Moll pay for a home warranty plan Issued by
or
at a cost not to excited $
. A home
//3
warranty plan provides for ropair or replacement el many of a home's mechanical syslorns and major MINNA
I74
appliances in the event of hmakdown due Sapormal wear and tear during coo agruomontia warcuity period.
in
(Q SPECIAL ASSESSMENTS: Al Cimino, Salto, will pay: (0 the kW amount of Mau imposed by a public body
oe
('pubic hodr dons not Include a Condominium or Homeownort Association) that are cortifiod, conlirmod and
in
ratillad hoforo Ms:no; and (II) thu airmail of the polio body's most recent estimate or assess rent for an
in
improvomunt which is substaidinlly complete as of Effective Onto. hut that has not resided in a lion befog
no
imposed on the Pronto!), below Closing. Sayer shad pay all odor assessments. II special assounients may
103
bo pald In instalkothas (CHECK ONE):
MI'
0 (a) Sailor shall pay Installments duo prior to Closing and Buyer shall pay Installments duo alter Closing.
101
Instagmanic propaki or due for tho year of Closing steal ho proratud.
the
0 (b) Seller shall pay the assess:non/Min lull prior to or nt the Roo of Closing.
IF NEITHER SOX IS CHECKED, THEN ORION (a) SHALL BE DEEMED SELECTED.
Ib5
This Paragraph 90 shall not apply m a special benefit tax gun imposed by a community davnlopment district
MS
(COD) pursuant to Chapter 190, F.S., which lien shall ho pronged pursuant to STANDARD K.
Is?
ENCLOSURES
as 10. DISCLOSURES:
we
(a) RADON GAS: Radon V a naturally ethruning radioacliyo pan that, when it Is umumulaled In a bidding in
too
sofildeni AUtinthie.s, may present health risks lo parsons who con exposed to it over time. levels of radon Thal
131
exceed federal and slate guider:nos have been found In biriklithr in Florida. Additional Information regarding
iv:
radon aid radon tinting may bo obtained from your county hordth dopattniont.
do
(b) PERMITS DISCLOSURE: Pzoopf as may haw been disclosed by Seller to Bayer in a mitten disclosure,
IN
Sailor dthv not know of any Improvements made to the Properly which vrtno made without roqulrod permits
vs
or made pursuant to permits wNch havo not boon properly dosed.
*to
(o) MOLD: Mold Is nalundly occurring and nay course health risks or domogn lo proinuty. It Emor Is concerned
tor
or desires riddlilonal iniormnUon regarding mold, Buyer should contact on apprupriato protasslonnt.
is.
(d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elovallon certificate which flood
we
tone the Nervily Is In, wholhor flood kisurance is required by Boyers fender, and what rostrklions apply to
R43
improving Oa Monody and raboltdIna In tha avant of casually. If Property Is in a 'Spacial Flood Hazard Area'
sal
or 'Coastal Border Booth:rum At dostortated crop or whew/Ise (1/011313/041 area Idontilled by tha U.S. Fish
Kit
and Wildlife Seivico under tho Coastal Barrier Hosuurcos Act wind (Ito lowest door alovatIon fur (ho bulling(c)
en
and /or goad insurance sating purposes Is below minimum flood elevation or is MOON° for fiend insurance
301
coverage through the National Flood Insurance Protham or private Mod intro/awn as defined in 42 U.S.C.
g40 121t. laryar may Inriti/nato Ws Contract by traftvering withal, wilco to Seller within ___.(If loft blank,
an
then 20) days altar Elleam Dale, and Ouyor troth be refunded the Deposit thureby reload:10 Hum and
SOY
Safer (runt sill (unbar ohllgagam under Ibis Contract, failing which Buyer accents existing AlmmlInn of
co:
bandies and ilood zone Lamination of frroporly. 'Hat Radom! Flood Insurance Program may assess
ail
additional (cos or aulust premiere for pro-Hood Insurance Rate Map (pre-FIRM) non.primruy siructuros
re
(rosldontiai structures In which Ihn Maimed or sparse doers nol roskle for at Wait SO'e of lho year) and an
Hi
elevation cortilicalu maybe required for mt aerial rating.
it,
(o) ENERGY BROCHURE: Omer ackartatodgeo receipt of Florida Energralidlinny Bating Information
213
Brochure requIrod by Sedlon 553-996, F.S.
211
(Q LEADGASED PAINT: If Property includos pro-1976 residential housing, a heed-besot point disclosure is
vs
mandatory.
3I4
(g) HOMEOWNERS' ASSOCIATION/COMMUNITY D)SCLOSURE: BUYER SHOULD NOT EXECUTE THIS
217
CONTRACT
UNTIL
BUYER
HAS
RECEIVED
AND
READ
THE
HOMEOWNERS'
.214
ASSOCIATION/COMMUNITY DISCLOSURE, IF APPLICABLE
Buyers
Vase 4 of 12
illetNalt Inllials
rbaciantattioffloteril3spASIta I loy. 0/1502015Flotits licallaiStSund The nwat ear. At IWO totovcd.
....ril4WeitOrsleitstil,r€1,VOMMIAWOW.4rate.uotr.100:4 Itar1SOIM/sva
0
124 ran Auto.
EFTA01079648
HI
(n) PROPERTY TAX DISCLOSURE SUMPMRY: BUYER MOULD NOT RELY ON THQ SELLER'S CURRENT
Sta
PROPERTY TAXES AS THE AMOUNT OF PROPERLY TAXES THAT THE IWYEA MAY BE COLIPAINT
al
TO PAY IN TIN YEAR SUBSEQUENT TO PURCHASE, A CHANCE OF OYMPRSPOP OR PROPERTY
of
IMPROVEMENTS TRICKIERS REASSESSMENTS OF THE PROPERTY THAT COULO RESULT IN
o)
HAMER PROPERTY TAPES. IF YOU HAVE ANY QUESTIONS COMERNINct VALUATION. CONTACT
at
THE COUNTY PROPERTY WPRMSEF03 OFFICE FOR INFORMATION.
In
Iij pERTA TAX WITNNOLDINOt SPIN' chill Adorn) Bum M tolibp II Sorer lo n 'Icot(er) pent& in (TOM b/ II»
or
yo port*, inntwooni to Real Runny Tao MI rFIRPTA'), Doe« odd Solar NWT ounpl/ ooh FIRETA,
521
width row rotas Miler to Nodes ~Pool met el Obtlnp. IT EtolAr I. nol CI lorcion p01.244, &art am
we
woo* Buyer, cl or peke la Olodw, a collToodon al nontfon(gn Halm, NM, inn aINT ol psi try, to mom
Po
Boyartad °AWN Agent OW no oldnoldw It towbar. Mo STANDARD V Mr SMUT Ailoweik it poldnEd
no
M FIRPTA. Sum and Salt we satIred to soda lead °mug and rer atom robsdno PAS tolptC•40
IV
'Ole, ablOrEonH :tenth° and ttEMIUMGrookanants prnianInFIRPTA.
02
01 SELLER DISCLOSURE: Sayer Mona o/ 1» Mole wandetY Motor] Pe value el IM Real PropoW WW1
no
on EN ustdly absent/A. and WIWI Mee tol No dBokood Co 11//04. Moral as swab Tav in the
VI
porteid **Mow*. NIS, 'nand* end Hands no widow/ and wilde no reptant-Mtn of any Nut, tIlhor
in
frItr11/1 to belied, U la IM NAM& andIllon or ?Mtn el Ilia ()roods ELoopp nu olltorMio &doted It
ta
%MIN LEW Me worded no oaten a mbar nub* from ow 00(wnwomoi wmin or FINPAN •• la •
III
owroFty toconadad LuNtre, °Wren/wild or edgy code vldnibn.
aa
PROPERTY POWTPINAHNI,CONOITIOTE ITISPEOTWITS AND EXAMMATioNS
no It. PROPERTY HMI/TEEM:36T Extol Mr «Mill, van and low and Gastrin Lon, •I•22. ChM mdddn te•
eo
PrepoilyIntafos, bul 110I Waled N, Wm. dialgen, and wol. In En contton orielled ee a ElfeeLte Nola FM
To
IS MOrtiumw• PeoMmonl.
242 It PROPERTY INSPECTION; RIOHT TO CANOEL:
tO SL\.-
to
(e) SAOPIATI litall5O71OO ANO meoffr TO OMSK: otryor goad
- -
(II Mf1 Urn% tiron II)
so
My* 0,4•1 4frool40 Dole elorpo0larn Padort) HAIM which to Imo Each
rpoolloos of rho Prosody
premed at Buyer Odd Mobs "kw tko bosprollon Period II Boys Slundros, In lloyarl• sale
to
Werra/oil Mar /1112 Peon* la nol scooplattAt p Dons Odyor stor forodnek Ado Oserael by
IIr
dibWfleo Wr41/0 MOO 01 81101, 4160a1A lo S11141 Mal ea orstrOlon Or inapaCti0n Panted II Swop
SIMI( foratairket into cor»aori lbo Door« purr e
to suss thempuh Bow spa
Ws, shoo os ran ts Cl' eb &nut catteirom muter Oda C0nfrool; howslap Dose Maal Or
no
légSal2F0 Foe prompt payment fof wet Mastodons, 101 roper 01 [tonne lo, and rakatial of, Al
poppay tosakg 0003 suet laapoolionr, ma' shell broad. 94Sre Welt told /MM. For Shoot &PP
ar
on sto props
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(c) STILLER ASSISTANCE AND COOPERATION NI OLOSLOOP OP BUILDING PEIIIIM3: it ELywIT
Inryrartn ot IM Pee oily Monies 414I1 or podia btikapl write. Hen SOW Call pneselly-dolver-la
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EFTA01079649
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(d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyers option and
rn
cost, Sailor wit, al Closing, assign all assignable repair, ireelmont and maintenance contracts and warranties
zs
toBuyer.
ESCROW AGENT AND BROKER
Ns 13. ESCROW AGENT: Any Closure Agent or Esaow Agent (collectively 'Agents) mealy/no the Deposit, other funds
no
and other Items is authorized, and agrees by acceplensu of them, to deposit than ptomplty, hold came in escrow
• ar
within the State of Florida and, subjoel to COLLECTION, disburso thorn In uccordenen with loran aro/ conditions
rte
ol this Contract. folluro of funds to become COLLECTED shall not excuse Reyes performaoco. When confIctIng
no
demands for the Deposit aro rocolved, or Agent has a good fain doubt As to anal:omen( to the Deposit, Agent
oee,
may lake such actions permitted by this Paragraph 13, as Agent deems arivfoehlo. If in doubt no to Agonra duties
zoo
or Ilatifidea under this Contract, Agent may, nt Agont'n option. continuo to hold the subject matter of the escrow
26:
until the pantos agree to its clIshufseMent of untli a final judgment of a court of ceinpOlunt ludsdlcdon shall
20
di:tontine the rights of rho patios, or Agent may deposit seine wIth the cloak of (ho circuit mod lowing jurisdiction
:04
of the dispirit,. An attorney who represents a petty and also ants in Agent may represent such party In such
20
notion. Upon ontilykm all ponies concerned el such action, all Mobility on rho part of Agent Shaft hay terminate,
nn
except to the cotton( of accounting for nny items powbusly delivered out of escrow. If a licensed real estate
to
broker, Agent will comply with provisions of Chapter 475, ES., as amondod and FREC Moo to timely resolve
ye
escrow disputes through mediation, arbitration, Interpleader or on escrow disbursoment order.
era
Any proceeding behveon Buyer and Seiler whorelo Agent Is roam a linty because of acting as Agent hereunder,
no
or in any proraedIng whero Agent intorpleads the subjact manor of the escrow, Agent shrill recover reasonable
tel
attorney's fees and costs Incurred, to ho paid pursuant to mug order out of the escrowed funds or counting.
2.2
Agent shall not be liable to any party or parson for misafoilverer of any oscroworl Items, unless such mle-dollvery Is
it
dim to Agent's willful broach of this Contract or Agent's gross negligence. TN* Paragraph 13 shalt survive Closing
eel
or terfollietiOn of tulle Contract.
as 14. PROFESSIONAL ADVICE; BROKER LIABILITY: broker advises Buyer and Soder to verify Properly condition,
no
square footage, and all other hods and representations tondo pursuant to this Contract and to consult appropriate
sor
professionals for legal, tax, environmental, and other spociolired advice concerning matters affecting the Property
He
and the transaction contemplated by this Contror.L Broker roptcconfr. to Buyer that Broker does not tinkle on the
no
Property and that Si representations (oral, walkup or otherwise) by Bioko( ero based on Stiller ropreventadons or
300
pliblie most BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND
stir
GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND
TOO
FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL
303
WRITTEN OR OTHERWISE) OF BROKER. Buyer and Goiter (IncliMdually. the Indemnifying Petty') each
err
Indyklually Indemnifies, holds harmless, end inteases Broker and Broke?,, officers. directors, agents and
emp‘oyetw from att liability for loss or damage. Including all cosh; and expenses, and reasonable attorneys fees
303
a all Wets, soofferod ur incurred by Broker and Broker's officers, °bottom, agents and ornployeas In connection
ate
with or arising from dolours demands or causes of action inatilukid by Buyer or Seger based on: (I) Inaccuracy of
ire
Information provided by the Indomnifying Party or Worn public records; (5) Indemnifying Partys rolssfetemengs) or
an
failure to perform contractual obligations; gli) Brokers performance, el IndomnifyIng Partys request, of any task
310
beyond the scopo of 501VICOS regulated by Chapter 475, ES., as amonded, Including Broker's referral,
an
recommendation or :Month:to of any vendor for, a on behalf of Indemnifying Party; (Iv) products or services
man'
provided by any Such vendor tor. or on behalf of, indemnifying Petty; and (v) expanses hnAlirod by oily web
313
vendor. Buyer and Seller each assumes full responsibility for selecting and COMpunseting Weir respective vendors
314
and paying their other costs under die Contract whether or not this transaction closes. This Paragraph 14 wit not
sit
relieve Broker of statutory oblloallons under Chapter 475, F.S, ria nmanded. For purposes of this Paragraph 14,
Si.
Broker vAll be troatod es a party to this Contract. This Paragraph 14 shall survive Closing or termination of this
JIZ
Contract.
Ile
DEFAULT AND DISPUTE RESOLUTION
he 15. DEFAULT:
320
(a) BUYER DEFAULT: II Buyer farts, nOrPattS or refuses to perform Buyer's o(igolions under this Contract,
Itl
Including payment of the Deposit, within the lime(s) Spec:lied, Seller may elect to recover and rattan the
32v
Deposit for the account of Seiler as agreed upon Itiluklated damages. consideration for execution of gig
3t3
Contract, and In full mask/man( of any claims, wboroupon Cup% mod Seiler shall ha relieved from all f1111118/
r.4
obligations under this Contract, or-Sollorret-Sellerieoptienzineyr-putsuani-le-lhuogroplt-16rproeoed-in-eitinlY
to-entome-Geliono-righle under-this-Gentreell Vito portion of he Deposit. If any, mid to Listing Brokor upon
Buyer's Madan
Pogo e of 12
Seller's Initials
Fbektarloollocnikeidaeoen-SIS.4 nov.W15020iseloridenotilIoaneenboltIorkInear. M t10111s ielereti).
PfaMoni,agnabitiNed
ra0 e• " 4.4,4 " 44 tekon'Aellee
124 P.enromo,
EFTA01079650
am
dolma( by Guyer. snail he sprit equally between Listing Choler and Cooperating Broker; providod however.
sir
Cooperating Brokers share shag not be gloater than the commission amount Listing Brokor had agreed to
323
pay lo Cooperating Broker.
sae
(b) SELLER DEFAULT: II for any reason other than failure of Seller to rnako Sollars Lille marketable atter
No
reasonable diligent offal, Setter Xis, neglects or refuses to perform Salter's obligations under this Contact,
331
Buyer may elect to receive return of Swots Deposit without lboroby waiving any action for damages rosvaing
sea
from Sollars breach, and, Nixon( to Paragraph 16, may smolt to recover such damages or soak specific
an
performance.
331
This Paragraph IS shall survive Closing or lamination of this Context.
ass 16. DISPUTE RESOLUTION: Unresolved connoverslos, claims and other mallets In question between Buyer and
ass
Sneer arising out of, or rekrting lo, this Contract or 45 breech, enforcement or Inierprotallon (Dispute) Mil be
ma
settled as Follows:
me
(a) Buyer and Seller will have 10 days after tau dale conflicting demands for Ilia Deposit aro made to attempt to
30
resoivo such Moot°, falling which, Saylor and Sailor shall submit such tricorn, to mediation under Parograph
so
10(b).
341
(b) Buyer and Seller shall attempt to peek tHspotes In of amicable manner through mediation pursuant to Florida
347
Rules for Codified 0011 Court.Appuintod Mediators end Chaplet 44, F.S., as amended (tho "Medialkm Rules').
au
The mediator must be certified or must have oxpedonce In the road state Industry. Injunctivo relief rnay be
344
sought without gird complytha With this Paragraph 16(b). Disputes not settled pursuant to this Paragraph to
242
may be resolved by instituting action in the appropriate cowl having jurisdiction of the matter. This Paragraph
30
18 shall immix Closing or termination of this Connect.
so 17. ATTORNEY'S FEES; COSTS: rho parties will spUi °quay any mostalion fee incurred in any mediation permitted
3as
by this Contract, and each pony will pay their own corns, ox aces and fees, Including allornoy's fees, incurred In
•
conducting the irradiation. In any Illigarion permitted by Ms Coeliac,. Oro prevailing party shall bo enlitiod to
recover front the noreprovalang party costs end lees, including reasonable attorney's Ices, Incurred In conducting
221
the litigation. Thic. Paragraph 17 shalt survive, Closing or lerminaflon of OM Contract.
12:
STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS")
aro 10. STANDARDS:
331
A. TITLE:
"k-..;
0) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: WOW tho time potted provided In
out
Paragraph Ke), the Ildo Conunament, with legible coplas of IOSI/UITIOIHS listed an exeoplions anaohod thereto,
YR
droll be issued and delivered to Buyer. The Title Comrnamont shall cot forth those manors to be discharged by
3W
Seller At or before Closing and skull provide lhal, upon recording of tho deed to Buyer, an owner's policy of 6110
352
insurance In the amount of tho Purchase Price, shell bo issued to Buyer Inswing Buyer's markelabre title fo rho
so
Real Property, subject only la lin follow/ 9g matters: (a) comprehensive land use plans, zoning, end other land
ism
use restrictions, prohibitions and requkernonls Imposed by governmental. authorkifi (b) restrictions and matters
sic
appearing on the Plat or °Monte common to the subdNislon; (c) orasianegna oil, gas and mineral rights of
am
record without right of wary; (d) unpinned public ulAlly easements of record (located contiguous to real property
cow
lines and not meinthan 10 feet In width as to roar a had ilnes and 7 1/2 foot in width as to side anon); (e) taxes
ar.s
for year of Closing and subsoquont yaws; and (I) assumed mortgages and purchase money mortgorms, if any Of
725
additional items, attach addendum); provided, that, nano prevent use of Proporty for RESIDENTIAL PURPOSES.
an
If lime exists al Closing any violation of home Idontkiod In (b) —
'ibovo, It
the crux shall bo deemed a ode
acv
doled. Marketable lido shall h0 dolmand according
opal:cubic Title Standards adopted by authority of rho
mo
Florida Rat and in accordance with law.
370
(la TITLE EXAMINATION: Guyer shall have S dayn ohm IOCOlf/t of 111k Commitment to examine X rind eutily
wet
Steer In writing specifying delact(s), If any, that render eta unmwkelabto. If Senor provfdaa Mu Commitment and
•
It is delivered to Sayer lose than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after
an
date of receipt to examine came in accordance with this STANDARD A. Sella shell hove 30 days ('Cure Period)
374
after receipt of Buyer's notice to (eke roaseindrio diligent afloat to (MOW defects. If Buyer fails to so notify
as
Seller, Buyer shall ho deemed to havo accepted title as lt then Is. If Rothe aeon defects. within Coro Period, Seller
370
will Onlivor written notice to Buyer (with proof of are acceptable to Buyer and Buyer'S nhornoy) and the padres
an
MY close It Contract on Closing Onto (or if Closing Unto has passed, within 10 .clayn alter }foyers receipt of
we
Sollor's notice). If Seiko Is unable to turns defects within Coro Period, then Buyer may, wither 5 days oiler
ale
oxpiratIon of Curo Period, deliver wrillon notice lo Sullen (a) °Marano Cerro Period fur a specified period not to
30
exceed 120 days wenn which Seller shall continuo to use roasunabin diligent Wort to remove or are the defects
an
(*Extended Cure Paled'); or (b) electing In accopt tide with existing defects oral dose this Contract on Closing
Buy0r111,1410111
Pan
cal 12
Sailors InTiVe
‘ 34
HofdaRodlortAxidawASIS4 rfar. Nt6 C92015 Fletik0 MmItoca0:int111,3F0lio MK Nlryhbroaarwa.
ov....coh:s0}.....Thaltatl towers...rya/1'A na
I.DIVren1001 stOnneoFad
124 fircNto,cas
EFTA01079651
S rANDAftDS POR HEAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
:tat
Date (or if Closing Date has passed, within the earlier of tO days Mier end of Extended Ctifft Period or Buyers
act
motel of Seller's nolico), or (c) electing to terminals this Contract and receive a refund of the Deposit, thereby
714
releasing Buyer end Seller from nil further obligations under et Contract. If alter reasonable diligent effort, Solar
Ho
Is unable to timely cure defects. and Buyer does not waive the decors, this Contract shall terminate, and Buyer
re
shall receive a refund of the Deposit, thereby releasing Buyer and Seer horn all further obligations under Ibis
Per
C000RCI.
Ma
B. SURVEY: If Survey discloses ancroachmenth on the float Properly or that Improvorneras located thereon
she
encroach on colback Ihtax, easements, or lands of others, or violate any restrictions, covenants, or applicable
me
governmental regulations doccribed in STANDARD A (0(a), (b) or (d) above, Buyer shall delivor written notko of
an
such matters, together with a Copy of Survey, to Sailor Mihin 5 days alter Buyer's receipt of Survey, but no later
en
than Closing. If Buyer freely delvers ouch noticu end Survey to Seller, ouch mattes Identified In the narks end
act
survey shall constitute u lido doted. subject to cunt obligations of STANDARD A above. If Seller has delivered a
oar
prior survey, Sailor shall, m Buyer's replant, execute an allidavit of 'nu citation" to rho Real Property. sore the
so
pope:Nam of cult prior survey, to the extent the alfirmationa therein are hue and correct.
is
C. INGRESS AND EGRESS: Sailor represents that tors Le Ingress and egress to rho Heal Property and Ole to
an
the Real Property is insurable In accordance with STANDARD A without exception for Inch of le0al right of
Yn
IICCOSI.
im
D. LEASE INFORMATION: Seller shall, at least 10 days prior la Closing, furnish 01 Buyer ostoppel loners born
400
fonnel(s)/necimangs) specifying nature nod duration of Occupancy, rental rotes, advanced rent and socurity
eel
deposits paid by lenan(s).or necuponl(s)('Estoppol Letlerthr). If Seth( Is unable to obtain such Esfoppol Leger(a)
roe
the some Information shag bo famished by Salim to 04401 within that time period Iri tho form of a Seller's affidavit
an
and Buyer may ihoreallor contact tonant(c) or occupont(a) to confirm such infonnorkm. If Estoppel Lettor(s) or
jot
Seller's affidavit, If any, Mao( materktly from Sellars representations and ',mo(e) provided pursuant to
4.00
Paragraph 0, or it lanant(s)/accupon(e) foil or refuse to confirm Sellers affidavit, Buyer may delver written notice
ari
to Sailor within b days after receipt of such Information, but no later than 5 days prior to Closbm Oath, turrainating
as/
this Confront and receive a refund of the Deposit, thereby rebating Buyer and Seiler hoot ell further oblIgalions
04
under tins Conant. Seiler shag, at Clostrm, deliver and resign alt leaks to Buyer wbo shall assume Seller's
40f
obligations thereunthr.
410
E. LIENS: Seller shall furnish to Buyer ut (Closing er, affidavit attesting (0 to the absonce of any financing
411
statement, claims of lion Of pOOORIOI lines known to Solar and (il) that there bawl been no Improvements or
412
repair-.. to the Real Properly for 90 days immediately preceding Cloaks; Delo. 11 rho Real Properly has baen
era
improved or repaired wAhin that fano, Sorter shall deliver releases or ivalvors d construction lions executed by ail
40
general contractors, subcontractors, suppliers and Materiatmen in addition to Sailors lien affidavit coding forth
III
names ul all such general contractors, subcontractors, suppliers and matedidinen, further affirming that all
as
charges for improvements or repairs which could serve as a bask for a construction lien or a claim for damages
an
have boon pail or will bo paid at Closing.
49
E. TIME: Calendar days shall be used In computing lime porlods. Time In of the essence in this Contract.
04
Other than time for acceptance and Ellactivu Date an sot tenth it, Paragraph 3, any limo perfects provided for or
it.
dales specified In this Contract. whelhor proprinted, handwritten, Isrpmwillon or inserted heroin, w
shall end Of
421
occur on a Saturday, Sunday, or a national legal holiday (sae S U.S.C. 6103) shall extend lo 6:00... (whore the
ua
Properly is located) of the nevi business day.
as
G. FORCE MAJEURE: Buyer or Seller shall nor be required to perform any obligation under thin Contract or be
nth
liable o each other for de/manors so long as performance or non.performonce of the obligation is delayed, caused
48
or prevented by Peace Majeure. `Form Malcom" moms: hurricanos, earthquakes. floods, Cue, acts of Gad,
en
unusual Vansportation delays, wars, insuneclons, arid acts of terrorism, and which, by exorcise of reasonable
in
diligent effort, the nonperforming party Is unable in whole or In part lo provont or overcome. All time periods.
424
inciuding Closing Dare will bo extended for Thu period that the Farce Majoure prevents porformance ardor Ihie
rue
Contract, provided, howover, if such Force Mailmen continuos to prevent performance under this Contract more
nee
than In days beyond Closing Date, than either patty may' terminate this Contract by delivering mato Ratko 10
43I
the other and the Daposk shall be refunded to Buyer, thereby releasing Buyer and Seller kern oil further
412
obligations under this Confiner.
433
FL CONVEYANCE: Seller shaft convoy markatablo IA to the Heal Property by statutory warranty, trustees,
or
personal mprosoniarivirs, of guardian's deed, au appropriate o the status of Seller, subject only to matters
ass
described in STANDARD A and Mose accepted by Buyer. Personal Property shall, at request of Buyer. he
na
!tensioned by absolute bill of solo watt warranty of bile, sables' only to such matters ns may be provided for in
Of
this Contract.
on
I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE:
t
)
DuyeP..
Pow of 12
Seller% alarms DA
Ilov.A11562016 %Ida Ibulifigio./e4 The ALCM fIvr.
IC:44111d.
PR4MallVinelleAlikeAfaMIMI“diell1
.04 Tfaa41$0,VA Mel
It4 faMtaness
EFTA01079652
STANDARDS POI" REAL US f Are TRANSACT IONS ("STANDARDS") CONDNUED
co
10 LOCATION: Closing will take place in the county whore 'flu Real Proporty
looatod at the offico of the
No
attorney or other closing agent (*Closing Agent-) designated by Oro party paying for the ownot's pasty of title
411
Insurance, or, if no NW Insurance, designated by Sailor. Closing May be conducted by mall or 010C1(01114 means.
at
(a) CLOSING DOCUMENTS: Softer shall at or prior to Closing, execute and dolivor, as ape/feeble. deed, bill of
40
sale, certilleate(s) of lain or other documents necessory to transfer title to tha Property, construction Ilan
4,4
allidavit(s), came& pessosslon and no lion atlidevIrts), and asSIgnmont(s) of leases. Seller shall provide Buyer
44$
with OS receipts for all work dean on tho Property pursuant to this Contract. Boyar shag furnish and pay for, as
se
oppecobte lho survey, flood elevation certilicatbri, and documents required by Buyer's lender.
447
(iii) PROCEDURE: Thu deed shall ho recorded upon COLLECTION of all Mourne funds. If the nth Comrdtment
440
movie's Insurance against adverse matters pursuant to Section 027.7841, F.S., es amondod, de Ostrow closing
440
procedure required by STANDARD J shall bo waived, and Closing Agent Shan, subject to COLLECTION of all
do
closing funds, dLiburse at Closing the bcorterege fees to Broker and the net saki proceeds to Seller.
or
J. ESCROW CLOSING PROCEDURE: II Tido Commitment Issued pureuant to Paragraph 0(u) does not provide
461
for Insurance against adverse manors on permitted under Section 627.7841, P.S., as amended, the Wowing
40
escrow and closing procedures shall apply: (I) all Closing proceeds shall ho hold In OSCIOW by the Closing Agent
444
to a period of not mein than 10 days allot Closinn; (2) d Seller's Ulf° Is rendered unmatkelablo, through no fault
456
of Dopy, Buyer shall, within the ID day porton, notify Seller In writing of the defect and Seller shall havo 30 days
ass
from dale of receipt of such netilleellon to curo tho tlofecl; (3) If Sneer fell'' to timely cure Ilw detect, the Deposit
412
end nil Closing funds paid by Guyer shell, within 5 days after written demand by Buyer, be refunded to Buyer end,
40
simultaneously with such repayment, Buyer shall robin the Personal Properly, vacate the Roal Property and re-
ea
convey the Property to Seller by special warranty deed and bpi of sale; and (4) II Buyer falls to make Iimoly
4/0
demand for refund of the Deposit, Buyer shall lake GIB as Is, waiving all rights against Solter as to any Intervot6ei
on
defect except as may be available to Buyer by virtue of warranties containe, in the deed or bill of sale.
04
K. PRORATIONS; CREDITS: The following recuuthg Items Will bo made currant (if applicable) and prorated as
au
of the day prior to Closing Date, or date of occupancy II occupancy occurs before Closing Date: real ovate Daes
01
Underlain special bonen( tax assossmenls imposed by a ODD). Interest,. bonds, association Doa, Insurance, rents
ros
and ether exponses of Property. Buyer shall have option et hiking over oxisilng poaclos of Insurance, II
assumable, In which event premiums shall be prorated. Cash at Closing shall ho Increased or decreased as may
40
be required by Proration: to ho mode through day prior to Closing. Advance rent end security deposit, II any, will
40
be cradled to Buyer. Escrow doposits held by Sidles mortgagee will be paid to Seller. Taxes shall bo prorated
40
based on current years tax with duo allowanco made for maximum allowable rilscouM, homestead rind other
ere
DX040882818. II Closing occurs 011 n date when current yew's Waage is not kart but current yoar's assessment Is
or
al/allot:9o, loxes will bo prorated based upon such asses:so:not and prior year's Waage. If current years
•
assossmonl Is not available, then axes win be prorated on prior yearn lax. If there are completed Improvements
or
on the Real Property by January 1st M year of Closing, which Improvements wore not in ex/atone° on January 1st
474
of prior year, then taxes alma be prorated based upon prior year's railings mid at an equitable assessment to ho
<A
agreed upon between the pantos, Wing which, request shall he made to the County Property Appraiser for an
ad
Informal assessment lekhig kilo account awrilabla exemptions. A lax proration based on an estimato shat at
in
either purty's request, bo readjusted upon (motet of Current year's tax bill. This STANDARD K shall survive
Ou
Closina.
vv
I.. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECRONS, AND WALK-THROUGH: Seller
uu
shall, upon reasonablo odic°, provide utilities service and access to Property for appraisals and InSpeCII011Si
481
including a woUrnwough (or follow-up wok-through if necessary) prior to Closing.
M. RISK OF LOSS: If, after Effective Date, but bolore Closing, Property Is damaood by fire cv other casualty
("Casualty Lose) raid cost of restoration (which shell iodide cost of prmang or removMg damaged trues) does
sea
not exceed 1.5% of Purchnos Price, coal of restoration shag loo an obligation of Seller and Closing shall proceed
do
pursuant to terms of lids Contract. If rostoration Is not completed as of Closing, a Sum equal to 125% of estimated
480
cost to complete restoration (not to exceed 1.6% of Purchaao Price), veil be ocarowed at Closing. If actual cost of
4VI
MUOTRibil OXONICIS escrowed amount, Seiler shall pay such actual costs (but, not in excess of 1.5% of Purchase
400
Price). Any unused portion of escrowed amount shall be returned to Boger. If cost of factor/Won exceeds 1.6% of
Purchase Neu, Buyer shall elect to either tale Property as
iogoiher with the 1.5%, or receive a refund of the
oe
Deposit, thereby releasing Buyer and Sono( from all further obligation.: under this Contract. Seller's sole obanadon
121
with respect to tree damage by casually or other natural occurranco shoil be cost of pruning or removal.
40
N. 1031 EXCHANGE: If either Saar or Buyer wish to crier Into a lacmidnd exchange (either simultaneously with
483
Closing or deferred) under Section 1031 of the Intomal Rovenuo Code ("Err:Imago", lho other party shall
404
cooperate In all reasonable tespeCin In effectuate the Exchange, Including execution of documents; provided,
.)
Buyers Inititte
I.
A
Pope 9 of 12
120812
VAT
norbaneonona‘itdeDararrta4 nay. arts 02015Nwkla Pealtodarred moresda ult. Al rinneresenoe.
8/04/4,,eago80/04240. 002081.2noolle*Arfur,/,:e4lACItaf twusnAg so
124 1144).(444o.
EFTA01079653
STANDARDS FOR REAL liSTATB liANSACTIONS ("STANDARDS") CONTINUED
PIS
however, cooperating party shall Incur no Wilily or expense related to the Exchange, and Cloning shall not hn
491
contingeM upon, nut oxtendod or delayed by, such Exchange,
O..CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT
or
EXECUTION: Neither this Cawthorn nor ollY noico of it shall bu recorded In any public records. ThG Contract shall
Co
be binding on, and ilium to the benefit or, tire parties and their respeclivo heirs or successors In Interest
:or
Whenever the context permits, singular ::had Include plural and ono gender shall include ell. Notice and delivery
991
&en by or to Iho attorney or broker (Including such biases real estate licensee) representing any party shall bo
as effective as If given by or to that party. An notices: must bo In writing and may bo mode by mail, personal
rin
delivery or electronic (induding 'pelt') media. A Incsimil0 or *Alto* (including -On copy of this Contract and
or
any signatures hereon shall be conskforod for all purposes no on original. Thls Canoed may be oxcottlod by use
of electronic signatures, as determined by Flo:kids EIOChonk Sin/tabus Act and other applicable lows.
as
P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement
Mr
of Boyar and Seiler with respect to tin transaction contemplated by this Contract mid no prior agreements or
ea
reprosoninnons shill IM binding upon Buyer or Seller 11116133 included in this Contract. No modification to or
so
change In ibis Contract alma bfl valid or hintinn upon Cheri or Seger unless in writing and torecutod by the parties
Pe
intended to bo bound by g.
sit
0. WAIVER: Fallow of Buyer. or Solar to Insist 00 compcance vdth, or Mkt porformanco of, any provision of this
612
Contract, or to tako advantage of any right orator thia Contract, shall not constitute n waiver of other provisions or
L13
1191115.
514
R. RIDERS; ADDENDA; TYPEWRITTEN OR MAMMA/77EN PROVISIONS: Riders, addenda, and typewritten
116
or handwrillon provisions shall control all printed proylsiono of this Contract in conflict with thorn.
me
S. COLLECTION or COLLECTED: "COLLECTION" or "COLLECTED" moans any checks tendered or
617
received, Including Dopoolts, have become aclually end finally collected and deposited in the account of
eta
Esorow Agent or Closing April. Closing and disbursement of funds and delivery of closing documents
ate
may be delayed by Closing Agent until such amounts bravo been COLLECTED In Closing Agent's
Rs
accounts.
02i
T. LOAN COMMITMENT: tem Commitment" means a slatemont by tin lender soiling forth the terms end
;it
conditions upon which tho lendor b willing to make a paditulat inottgago loan to a particular borrower. Neither a
.2.21
pre-approval letter nor a pruqueldicullon tenor shall be doomed a Loan ConunkMent fur purpcoos of (hie Convect.
2174
U. APPLICABLE LAW AND VENUE: Thin Contract shall be construed In accordance with the taws of tho State
is'
of Florida and venue for rociaution of all disputes, whether by insdbillon, arbitration or litigation, shall IM In the
w.
county Map the Real Property Is located.
sa
V. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ('FIRPTA"): If a Pallor of V.S. mot properly Is a
me
*foreign Jnsen" es delined by FitIPTA, Section 1445 of the Internal Revenue Coda (smokes Um buyer of the real
521
property to wahhold 10% of tho amount realized by the senor on the transfer and remit the withhold amount to the,
svi
internal Rovonue Service' (IRS) unless an exemption to the roqulrod withholding applies or the seller has obtained
cal
a Withholding Certificate from the IRS authorizing a reduced amount of withholding. Duo to the complexity and
137
potential risks of FIRPTA, Buyer and Sailor should soak legal and lax advice regarding compliance, parliatily If
533
on 'exempt on' M eialmod on the Salo of residential property for 5000,000 or fess.
534
(I) No withhokling Is required under Suction 1445 If thn Sailor Is nut a 'foreign poison; provided Buyer wain!.
ass
MOM 01 same from Salter, which may include Buyers receipt of codification of non-Mellon statue kern Seller,
431
signed under penalties of perjury, slating that Saler is riot a foreirm parson and containing Sonata urine, U.S.
so
taxpayer identilication number and home address (or office address, In the case of an entity), as provided for in
131
20 CFR 1.1445-2(b). Otherwise, Buyer shag withhold 10% of the amount realized by Soifer on the transfer and
594
lin Ibly sniff sufd funds to the IRS.
ace
(0) II Stator has received a Will11101diel) Certificate from tho IRS which provider; for reduced or eliminated
at
withholding In this transaction arid provides same to Ropy by Closing, than Buyer WIOU %withhold the reduced
us
rum, If any required, and timely remit said funds to the 1113.
so
if prior to Closing Seller has submitted a comicial uppiicatlon to the IRS for a Withholding Certificate and
ma
hao provided to Buyer the notice required by 20 CFR 1.1445.1(o) (2)(lXS) but no Withholding Certificate has been
sr
rocs:Ned a, of Closing. Buyer shall, at Closing, withhold 10% of the amount waltzed by Seger on the transfer
ma
and, W Buyer's option, either (a) timely remit the withheld funds to the IRS or (b) place the funds In escrow, at
Mr
Seller's expense, with an estrow agent selected by Buyer and pummel to hums negotiated by tho parties, to be
subsoquently disbursed 41 actonlanco with the Withholding Cedtilcato issuod by the IRS or remitted directly to
919
the IRS if the Seller's application Is rejected or upon terms sot forth Who escrow agreement.
cur
(iv) in the event Ilia not procoods duo Sofa me not suffIciont to moot the withhofttin0 requIroment(s) in this
sal
transaction, Sotto( shall dogvor le Buyer, at Closing, tho additional CCU ECTED funds necessary to satisfy the
CI
Swede Sots
Page
° to 12
Saw's
4
nwileneasorsaiothrenanasts-a Rev. V1602016 Raab Iteakoare nal DU FlarlSa ear. All Vas 1000NCti
f101.•35161221Feolaiflaaat Malfeaaufreerers711132/2107M20 6.6okOs.2.0,61
124 Poe Macon
EFTA01079654
STANDARDS FOR DEAL ESTATE 'TRANSACTIONS ("STANDARDS") CONTINUED
In
applicable requirement and thernoltor Hoyt° shah timely remit said funds to dm IRS or oscrow Oro funds for
65s
disbursement in accordant° with the final dolermination of the IRS, as nopihrublo.
554
(V) Upon t °Milling funds to the IRS pursuant to lids STANDARD, Buyer shall provide Sailor copies of IRS Forms
us
BPAII and 0200A, es Med.
No
W.RESERVED
ssr
X. BUYER WAIVER OF CLAIMS: To tiro extent penned& by law, Buyer wolves any claims against Seller
tea
and against any real °Mato licensee involved M the negotiation of this Contract for any damage or
sss
dolects pertaining to the physical condition of Dm Propotly (hot may exist el Closing of this Contract and
490
be subsequently discovered by Ma Buyer or anyone claiming by, through, under or against the Buyer.
eat
Thls provislon dons not milove Salford° obligation to comply with Paragraph 10(J). hue Standard X shall
cm
survive) Closing.
vu
ADDENDA AND ADDITIONAL TERMS
r.w ID. ADDENDA: Tho following additional term aru included in tiro attached addenda or Mart and Incorporated Into
MS
' li ds Contract (Check If applicable):_
OA. Condominium Ardor
J K. iIESERVLD
ar. Pre-Closlog 0=ov:rimy
O S. Homer/morn' Assn.
O L. RESERVED
DU. Post.Clushvo Occupancy
OC. Sailor Financirm
OM. DONtlivo Drywall
O V. Selo of Ruyan: Property
DO. MortgagO Assumption
ON. Coastal Construction Control Ili°
OW. nockup Contract
OE. FRANA Financing
DO. Insulation OISC/051101
CI X. lOck-out Claus°
UP Appraisal CoatinooncY
IMP. Lout Paint Dlsdosuru (Pru-1070)
OY. Salines AttOrney Approval
OG. Short Sala
Oa Housing for OWN Persons
LIZ. Mayors Attorney Approval
Olt Homeowners/Floral Ins.
OR. Rezoning
OAA. UallISCO Property interest
at IntororthBeadng Acct.
OS. Leese Nachos& Lease Option
0 WI 0lnding Arbitration
so. 20. ADDITIONAL TERMS:
50/
eN
VI
rn
473
4/4
eras
6/6
Si?
570
MO
aCY
Mr
sss
/
CODNIEROFEEIMIEJECTION
e rSoller counters Doyen Wan (to accept the courler•0110m Buyer mud alga or WONl the comitur.offered terms end
as deliver a copy of limo accolgan00 to SOi4/1).
see CI Seller refuels Buyer's offer.
sn THIS IS IhRIINDED TO HE A LEGALLY HIND/NG CONTRACT. IF NOT FULLY UNDERSTOOD, SEEN THE
WO ADVICE OP AN ATTORNEY PRIOR TO SIGNING.
an THIS FORM HAS BEEN APPROVED BY IDE FLORIDA REALTORS AND THE FLORIDA DAR.
me Approval of thb `dorm by the Florida Realtors and The Fiorkla Bar does not constitute an opinion that any of the terms
091 and conditions kr this Contract shoot bn accepted by the ponies in a particular transaction. Terms and condlions
\11t.1
1'
)
Duyvil, haws
_
vano 11 ot 12
Solidi; In a13 ota
rroonmoartiliiraranv•AStS-1 Itw.2/12/O2OISHooloUftvatasS, at4
l'inida 031. as Ivo; mamba.
Avdtkit.W.04AinitinVALLI INF> P.1.0 Mt ILµ Ii.I,tunis,aw.i wrat.:42.242
Iii /WoM/o/ta•
EFTA01079655
G9G should bo notyoon(....1
111/011 lily tespodivu Mutest% odoclivret and hargairdno P0ai011:: 0/ a illiONSiUd
691 i)tift(InS.
C44 AN ASTBRIW (') FOLLOWING A LINE NUMBEI I IN DIE MARGIN INDICATES IFIE LINE. CONTAINS A BLANK TO
so BE COMPLETED.
:
G94
/
•
.
)
•
.
( 4/
.,
Bete: .... trt '...._•-) ‘..?_i_/._!---.
wo
110901/1 Ward
l
WE Buyer:
CZO
.»I• Sane!:
<G2
my Seller:
604
COS Buyer's addles% for puipcoOs of notice
ør
Cokes address. for purposes of notice
cot BROKER: listing and Cooperating Brokers, if any, named below (colleCtivoiy, 'Brokor"), mu the only Brahms entitled
el to compensation le connecgon watt Øls Contract: Instruction to Closing Agont: Seller and Buyer died Closing Agent
au lo rislune at Closing the fun amount of Iho brokerage fees os aponinod In suparnlo brokerage agreements MI, the
en parties and cooperativo agreements between the Brokers, except to the extent Broker has rolatnad such fees from the
elf oscrowad funds. This Contract shall not (noddy any MIS or other offer of componsaSon made by Sailor or Listing
GIG Broker to Cooperating Brokers.
ey hair ranee A. Moons
eta Cooperallnatdoo Asoodrito, nitY
Korry fanelok
Liming sac, netiocano
sir Lawrence A. Woos liarogtatep, Inn. 2.54 Dougitto Bllitlun
en Cooperating ldroket,II nay
Listing Stoker
Fagot:1412
$21o.:Ifiiii,23 0 (11
floriblIG.91/4,11409say.ASKG4 Haw. .9 I 5 02016 flnik.. IleAt/o. »gal 1/9/ 41949/ FLA All ./.4449 /calved
I
IIWGrAmattl•
Ete...t..40.,,,A•bel t rxtr:filw.rny
utruemw.e.e
EFTA01079656
Comprehensive Rider to the
Flask:lea& Contract For Sale And Purchase
THIS FORM HAS KEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA DAO
If Initialed by ell parties, rile 'tomes below wilt ho locinpuratod into the Florida Rooltas00-loridn Rar Residential Contract
Tor Salo And Purch.r...e bmwWla
_ .
(SELLER)
and
(sures)
concerting the Property described as
Buyer's Initials; •
P. LEAD-BASED PAINT DISCLOSURE
(Pre-1010 Housing)
I fiethlkiputl PEM0NArgig Staggincsil
'Every purchasor ot any interest to rosidoillial real properly on which a residential dwolling was built prior to 1910 Is noiilied that
such property may present exposure to load horn lead-basal paint that may place young children at risk of developing bad
poisoning. Load poisoning in young thedion nay produce permanent neurological damage, including foaming disabilities,
reduced Intelligence quoliant, balutvicoal problorns, and Impaired inemoty. Load poisoning aloe poses a pankular risk to
pregnant wanton. The collar of any Interest in resklontial root property is required to provtdo the buyer with any Information on
leadbassd paint hazards from risk aatm$0ntonls or inspection in lha sake, po:sorsion and notify the buyer of any known
lead-based paint hazards. A risk assessmont or impaction for possible loud-based paint hazard* Is recommended prior to
parchaeo.•
St:Al
Disclosure (INMAL)
(a) Prosonce of load-base l paint or load-bused paint hazards (CHECK ONE BELOW):
(own load.besal paint or load hosed paint hazards argidnunig in the housing.
Dom'
Seller has DEIMO_Wiefinct of leadDesod paint or load-based paint linzartio in the housing.
(b) Rounds and reports avtalablo to Iho Sailor (CHECK ONE BELOW):
O Sigler has provided tho fluyor with NI available records and reports pedalo:rig to loadhasod paint or
loud.
sod paint hazards in Um housing. List documents:
Sollars Inlllefs ulvl
Seller has no reports or records porta/ring to lead-based paint or load-based paint hazards In the housing.
Buyers Acknowledgement (INITIAL)
(e) Boyar has received copies of ell information !bled above.
(d) Boyar has received the pamphlet Protect Your Fanny from (marlin Your Home.
(e) Buyer has (CHECK ONE BELOW):
(81 IfieseNed n 10 day oppotlunky (or (Nor mutua0y agreed upon peaua) lo conduct a risk ussessmont
.•
or inspection tar En presunco ol load-tuned point or load-based paint hazards; or
0 Wuived Ulu uppoituilky to conduct a risk OSseauntont or inspection fog Mil II(0.90PCO of lead-based
paint or lend-based paint hazards.
Licensee's Acknowledgement (INITIAL)
(I) License* has Informed the Seller of the Stollen: obatjalknia under 42 U.S.C. 4052(d) and Is °Warn of
Licensee's responsibility to °usury compliance.
Corlifleallon of Accuracy
The rolloning audios love ioviovred tho Information above and codify, lo the bust ol Muir knowledge. Mal Me bYapsallon they
have provictl Is
accursia
Atiott.
•
5 .?
It L7:4 NIS
Wairetroki ter
Dam
IUIYhft
_
I ailing I kw:1w
Mao
Karl :y tInruink
LS,w:ol
lot
' A. Moon
Any person or persons who knowingly violate 11w provialont; of the Roakfentlel Load-Based Paint Inward Fumuellon Act of 1992 may
be subpart to Welland criminal penalties end palettes( triple dominion Inn private WI lawsuit.
Page 1 of 1
P. LEAD-BASED PAINT DISCLOSURE
CH .1 nett. ant5 02015 Florian IlwItorraluK1110 Flocktri tint. AI relAn I vacated.
a...Milo; six.
1-m ("f" n"
lIni
0 hn
un
tnine414.t.
Prta<W1061M4.4O.4 41.1to • iirgelt1iinuf.rattin"Erk.4.000 ralotlie=0
EFTA01079657
ESCROW AGREEMENT ON INTEREST BEARING ACCOUNTS
This agreement supplements and is part of the Contract for Sale and Pumbaso between
Buyer:
Donna Ward
ta
n
.
Properly:
It is agreed between the parties that all deposits made on this amount for the above
CAnornet shall be deposited in escrow by Lawrence A. Moms Associates, Inc. in a
federally insured depository: Sabedell liankKlYteds
1.
It is 'lather agreed that, at closing ell accrued interest will be credited to the
Buyer.
2.
Should any contingency contained in the Coutract NOT be resolved and
deposits thettby returned to the Buyer, accrued interest will beytid to the
Buyer.
3.
Should Buyer fail to pet roma and the deposits are retained, accrued interest
will be paid to Bella in accordance with the tcrms.of the Contract
4.
Should the Seller fail to perform and the deposits are returned to the Buyer,
accrual interest will be paid to the Buyer.
S.
The Pantos to this agreement recognize that the amides ace to be placed in
such an account until closing. Escrow agent shall not be responsible for any
interest prior to the time the check(s) clears or for any penalty for early
withdrawal.
6.
Seller warrants, which warranty sball survive the closing, that Seller is not a
ihreign person, entity or otherwise subject to Federal laws which would
require withholding for tax, purpous, at closing.
Buyer:
EFTA01079658
ADDENDUM
This is an Addendum to that certain "AS-IS" Residential Contract for Sale and
Purchase the "Contract") by and between
as "Seller",
an
s "Buyer", pertaining to the "Property" described therein as:
1.
The provisions of this Addendum shall control over any conflicting
provisions in the Contract
2.
Any changes in the Contract made by Buyer and not specifically initialed by
Seller shall be deemed to be rejected by Seller and not binding.
3.
Paragraph 1(d) and 1(e) of the Contract are hereby modified to provide that
only furnishings and personal property that were at the Property before Seller first
took possession of the Property in October 2013 and currently remain on the
Property as of the date of the Contract are included in the purchase and sale of the
Property, and Seller may remove all other items from the Property prior to closing.
Seller will furnish to Buyer within seven days of the Effective Date an inventory of
the items that are included in the said purchase and sale.
4.
Paragraph 2(a) of the Contract is hereby amended to change the name and
address of the Escro
A ent
"
. (Nan B. Bolz, Esq.), 5
5.
Paragraph 3 of the Contract is modified to change the closing date to on or
before Ay. 3 30, 3016: may 16, 2016.
6.
Paragraph 9(1) of the Contract is modified to provide that if any special
assessments are payable in installments, Seller shall pay installments due prior to
closing and Buyer shall pay installments due after closing.
7.
Buyer hereby waives any right to the inspections and to terminate the
Contract as provided for in Paragraph 12(a) of the Contract, and agrees to purchase
the Property "As-Is" as provided in said Paragraph 12(a).
8.
Paragraph 12(c) is modified to provide that Seller shall only be responsible
for closing any open permits on the Property that were obtained by or on behalf of
Seller during Seller's ownership of the Property, and Seller shall not be responsible
for any other open permits.
9.
Paragraph 16 of the Contract is hereby deleted in its entirety. The first
sentence of Paragraph 17 of the Contract is hereby deleted in its entirety.
1
EFTA01079659
10.
Paragraph 18G is modified so that notwithstanding the provisions thereof to
the contrary, in no event shall any Force Majeure event be deemed to excuse Buyer's
failure to make timely payment of any amount as, when and to whom required
under the Contract
11.
The Escrow Agreement on Interest Bearing Accounts by Seller and Buyer
pursuant to which, among other things, the $500,000 deposit pursuant to Paragraph
2(a) of the Contract (the "Deposit") was to be placed in escrow in an account of
Lawrence A. Moens Associates, Inc. at Sabadell Bank & Trust is hereby canceled and
deemed null and void ab initio.
12.
The Deposit shall be nonrefundable to Buyer. The Deposit shall be released
from escrow and shall be delivered by the Escrow Agent to Seller promptly upon
receipt from Seller of a written instruction that either of the following has occurred:
(a) the sale and purchase of the Property under the Contract has dosed, or (b) Buyer
has failed, neglected, refused or is unable to perform any of Buyer's obligations
under the Contract within the time specified therein. Without any instruction,
confirmation, consent or approval of Buyer, the Escrow Agent shall be obligated to
release the Deposit to Seller upon receipt of a written instruction from Seller stating
that either of the foregoing events has occurred. The Escrow Agent shall have no
liability to Buyer for compliance with such written instruction from Seller, and
Buyer shall indemnify and hold harmless the Escrow Agent for any claim, demand,
liability, costs, fees or expenses (including, without limitation, reasonable attorneys
fees, costs and disbursements) arising from, relating to or connected with the
Escrow Agents release of the Deposit to Seller upon receipt of such written
instructions from Seller.
IN WITNESS WHEREOF, Buyer and Seller have executed this Addendum to
the Contract on the date set forth opposite each of their respective signatures below.
SELLER:
BUYER:
Dated: March 10, 2016
a Florida limited liability company
By:
Darren K Indyke, Manager
Dated: March 10, 2016
DONNA WARD
2
EFTA01079660
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