CLEARWATER HOUSING AUTHORITY
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INST # 94-017279
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QlJIT..CLAIlVI DEED
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PINELLAS COUNTY FLA.
OFF.REC.BK 8540 PG 328
T:fI!;B QUIT CLAIM DEED, Executed this 20th day of
1993" by
October
Clearwater Neighborhood Housing Services, Inc.,
a Florida Corporation Not For Profit
whose post office address is 1002 North Greenwood Avenue,
Clearwater, Florida 34615, first party, to
City of Clearwater, Florida
a Florida Municipal corporation
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whose post office address is P. O. Box 4748, Clearwater, Florida
"1 i!':;-:"('i;:,:;"!,,t1.4618-4748, second party:
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C (", ..~, r:;;:';;' ;....lWh,'rever used herein the tenns . first party' anrl "second psety' shall jncl\Jod>~ ~i"gular IUld piuuJ,heirs, legal rcprcfcutativea, and assigns of individuals, and
::. .:. ,': ~ ,_. ~uccessors and assigns of corporations, whatever the,:onli::d, W admjt.~ or requires.)
t', '.: '4 D..s-p..
Df;:,i;,.;7.0WITNESSETH, Tha~c t:he said first party, for and in conside:cation of
".,the sum of $10.00 in hand paid by the said second party, the
receip.t whereof is hereby acknowledged I does hereby remise, release
and quit-claim unto the said second party fore'ver, all the right,
title, interest, claim and demand which the said first party has in
.and to the following described lots, pieces or parcels of lands,
"situate, lying and being in the County of Pinellas, S.ta'1:e of
Florida, to wit:
'I'hat part of Section 9, 'Township 29 South, Range 15 East
more particularly described as follows:
rrhe North 13 fee't of Lots I, 2.. 3 and 4: Block 1, IRA
NICHOLSON'S ADDITION TO CLEARWATER, FLORIDA, as recorded
in Plat Book H-2, Page 44, Public Records of Hillsborough
County, Florida, of which pinellas County was formerly a
part; and
That part of Section 9, Township 29 South, Range 15 East
more particularly described as follows:
Commence at the East 1/4 corner of Section 9, Township
29 South, Range 15 East, thence proceed southerly along
the east line of said Section 9, South 00oOO'53~ East,
380.34 feet; thence South 89033~09" West, 33.00 fee't to
a point on the west right-of-way line of Myrtle Avenue;
thence proceed South 35018'54" West, 0.97 feet along
said West right-of-way line of Myrtle Avenue to t.he
POINT OF BEGINNING:
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RETURN TO~
CITY CLERK
r'J'3T OFFICE BOX 4748
=trp,RWA TER, FL 34618-474g
From said POIN'r OF BEGINNING, proceed South 89033' 09"
West, 227.49 feet to a point on the west line of Lot 5,
Block 1, IRA NICHOLSON'S ADDITION TO CLEARWATER, FLORIDA,
according to the map or plat thereof as recorded in Plat
Book H-2, Page 44, of the Public Records of Hillsborough
County, Florida, of which Pinellas County was formerly a
part; thence South 14043'57" West along said west line
of said Lot 5, Block 1, 15.54 feet to the Southwest corner
ofsp.:l.q Lot 5, Blockl,:the.nce procE8d North 89(l33 '0-9"
East, along the south line of Lots 5 through 9, 183.00
feet to a point of intersection with a right-of-way taking
as recorded in O.R. Book 636, Page 361 of the Public
Records of Pinellas County, Florida; thence proceed along
said rigl::.t of way taking the followin<.:~ three (3) courses:
1) North 00038'53" East, 3.97 feet; 2) South 89021107"
East, 40.00 feet; 3) North 3~;"18'54" East. 14.54 feet to
the POINT OF BEGINNING.
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KARLEEN F. DEBLAKER, BRK
J~~SORD___,,~~l~IED BY: I ' .,
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I PINELLAS COUNTY FLA.
OFF.REC.BK 8540 PG 329
TO HAVE AND TO HOJ.:.D the same together will all and singular the
appurtenances thereun'to belonging or in anywise appertaining, and
all the estate, right, title, interest, lien, equity 2nd claim
whatsoever of the said first party, either in law or equity, to the
only proper use I benef it and behoof of the said second party
forever, subject to grantor, its successors and assigns forever
having full right of ingress and egress to the roadway as it may
presently exist, or to any roadway to hereafter be constructed
within of the right-of-way herein granted, including the right to
construc.t all curb cuts and driveways as may be required for the
construction of single family homes in compliance will all
applicable governmental codes.
IN WITNESS WHEREOF, the party of the first part has caused these
presents to be executed in its name by its City Manager, City
Clerk, countersigned by its Mayor commissioner, and approved as to
form and correctness by its City Attorney, and its corporate seal
to be hereunto affixed, the day and year first above written.
CLEARWATER NEIGHBORHOOD
HO ING SERVICES, INC.
Walter Campbell
witness (print name)
~ts~;'.:t~
Lois Lowery
witness (print name)
STA'l'E OF FLORIDA
COUN'l'Y OF PINELL..~S
BEFORE ME, the undersigned, personally appeared W. Pearl
Johnson, President of Clearwater Neighborhood Housing Services,
Inc., who executed the foregoing instrument on behalf of the
corporation, and acknowledged the execution thereof to be her free
act and deed for the use and purposes, herein se~/forth, and who is
personally known to me or has produced /II P- ,
as identification.
WITNESS my hand and official seal this
-----PC-rOBE~~f ~
No::ary 'PUbli.~"'-) _ > _
Pr lnt / type name: 6EJ2lh-D J':' S PI (. A) lev
(5('O-t!-:::- day of
GERAlD J. SPILATRO
MY COMMISSION' CC 249240
EXPIRES: January 15. 1997
Bonded TIIIU NcIaJy PuilIlc UndeIwrllIrs
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared IVIary C.
Myhill, Secretary of Clearwater Neighborhood Housing Services,
-mIne.., --whv-'i:xeeu ted theforeyo ingm iri.st.ruwent; -onu-Lehcdf -of -.the
corporation, and acknowledged the execution thereof to be her free
act and deed for the use and purposes hereil} set forth, and is
personally known to me or has produced jJ(;';'
as identification. ----
WITNESS my hand and official seal this
6C!7o/3e~1jJ<d::d
Notary PUb~
Print/type name: rYER/JLLJ.::r: SfJ/L/t-7f.?0
dtJi:A.- day of
.
GERAlD J. SPILATFlO
MY COMMISSION II CC 249240
EXPIRES: January 15. 1997
Bonded ThIU NoIIJy Publlc lIndeIwrIlaIs
II,
I ... --. CONTRACT FOR SALE AND PURCHASE
PAR~~S: City of Clearwater, a Filida Municipal CorporatiQn''.---- I- ('Sell
61 P. O. Box 4748, Clearwater, Fl. 34618~4748 0 (Phone 462-6770 ___
and James E. Seymour, Sr., a married man ("~
of 807 North Jefferson Avenue. Clearwater. Florida 34615-4318 (Phone 462-6260
hereby agree thaf the Seller shall sell and Buyer shall buy the following real properfy ("Real Properl~") and personal properly l"personallJ") (collectively J'roj'JrlY") upon the foliO'
terl71s and condifions. which INCLUDE fhe Standards for Real Eslale Transactions ("Slandard(s)") pr nted on fhe reverse or allached an any Riders an A enda to this Instrun
I,.. OEs-tRIPTION:
(a} Legal description of Real Proparty located in pi ne 11 as
~~~~~~ p~' . ~L~~~~':o~::"~2~T~ T ON. ~ 1 no k '. '. ".. ,
Ib,'n~"" ~d!,p'~~.,1;,.;r~ eroJ:Wti Y par. Ion, No"" ~"ropn A"pn,,~. ~~~":~;~~; ;*~~~: ~;:~~~
(c) Personally: ~;:~~~p~;r~r, {'piling f~n, ~11 "AS ~:" ~R~~;:~ ~~ ~;~(. ~;~:~:~s~~ ;~~~~;I"AS TS~
SF.TT,:~ :~~~~~;~F ~~ ~NY PRnPFR'I'Y nF~Fr.T~ T~ T__TTF.. HH..... III ""Y HIIIISINr. __S______ S
BEEQRT ATTAr.HF.n HFRF.TO ANn MAnF. A PART HFRF.OF.
PURCHASE PRiCE..... .... .................................... ................ ....... ..............,................... .......... ..... .............. ........ $
PAYMENT: (Recvd. 1/11 /93)
(a) DePOSit(s)tobehe/dinescrowbyCOasta1 Bonded Title Insurance Co. intheamountof..$
(b) Additional escrow deposit within N / A days aller E"ective Date in the amount of .................................................... $
(c) SUbject to AND assumption of mortgage In good standing in favor of N / A
17,005.00
1,000.00
N/A
having an approximate present principal balance of .. $
8
(d) Purchase money mortgage and note bearing annual inlerest at % (see Addendum) in amount of ,................................. $
(e) Other: . N / A $
(f) Balance 10 close (U,S, cash, LOCALLY DRAWN certified or cashier's .check). subject 10 adjustmenls and prorations........................... $
III, TIME FOR ACCEPTANCE: EFFECTIVE DATE: FACSIMILE: " this o"er is not execuled by and delivered to all parties OR FACT OF EXECUTION communicated In wrili,
between the parties on or before 6/25/93 , the deposit(s) will. at Buyer's oplion. be returned to Buyer and this offer withdrawn. A facsimile copy of t~
Contract Jor Sale and Purchase ("Conlract") and any signatures hereon shall be considered for all purposes as originals. The date or Conlract l"EHeclive Dale") will be Ihe dafe WhE
fhe lasl one oJ the Buyer and Seller has signed this offer.
N/A
15,000.00
N/A
1,505.00
IV. FINANCING:
(a) If Ihe purchase price or any .l!.arl of it is to be financed by a third-party loan. this Conl{~1 is conditioned on the Buyer Obtaining a wrillen commitment Jor (C~EfI (
or (2) or (3)): (1) 0 a fixed, (2) U an adjustable or (3) 0 a fixed or adjustable rate loan withirl.:i A days after Effeclive Date at an lnitiallnteresl rate nof 10 exceed ~
term of N / A years and for lhe principal amounl of $ N I ~ . Buyer wi/lmake application within N~ A days alter EHective Date and use reasonabl
diligence to 'obtain lhe loan commitment and, therealter, 10 meet the - erms and conditions or lhe commitment and close e-'oan. Buyer shall pay all foan expenses, H Buye
rails to obtain the commitment or fails 10 waive Buyer's rights under this subparagraph within the time ror obtaining the commitment or arrer diligent effort rails to meet lh,
terms and conditions of the commitment, lhen eilher party thereafter by prompt wrillen notice to the olher may cancel lhe Contract and Buyer shall be rerunded the deposit(s:
(b) The existing mortgage described in Paragraph /I(c) above has (CHECK (1) or (2)): ( 1) 0 a variable inlerest rate or (2) 0 a fixed interest rate or N / !'J. % per annull'
At time of title transfer some fixed interest rates are subject to increase. II increased. the rate shall not exceed N / A % per annum. Seller shall, within 'N / A days aftel
Effective Date. furnish statements from all mortgagees stating principal balances: method of payment. inlerest rate and status of mortgages. If Buyer has agreed fo assume 2
morfgage which requires approval of Buyer by the mortgagee ror assu(QpJiQn. then Buyer shall promptly obtain ;'1 required applications and will diligently complele and returr
them to the mortgagee. Any mortgagee charge(s) nolto exceed $ 1~ LA shall be paid by 1~ _A (if not filled in. equally divided). II Buyer is nol
accepted by morlgagee or the requirements ror assumpllon are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stafed amount.
Seller or Buyer may rescind Ihis Contract by prompt written nolice to the other party unless either elects to pay the Increase In inlerest rate or excess mortgagee charges,
V, TITLE EVIDENCE: At least 5 days before closing dale. Seller shall. at Seller's expense, deliver to Buyer or Buyer's allorney, in accordance with St~ndard A.
(CHECK (1) or (2)): (1) 0 abstract of title or (2) IXJ litle insurance commitment and. after closing, owner's policy or title insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on J u 1 y 16. 1993 , unless exlended by other provisions of Contract.
Vlt. RESTRICTIONS; EASEMENTS: LIMITATIONS: Buyer sha/ltake title subject to: zoning. restrictions. prohibitions and olher requiremenls imposed by governlnental authority; restrictions
and mailers appearing on the plat or otherwise common 10 lhe subdivision; public utility easements of record (easemenls are 10 be localed contiguous 10 Real Property lines and
not more Ihan 10 feet in widlh as to the rear or front lines and 7 V. reel in widlh as to the side lines, unless otherwiSE! slaled herein); laxEls for year of closing and subsequent
years; assumed morlgages and purchase money mortgages. if any; 01 her: Water & gas meters may requ1re re-sett1ng. Water meter
fee is $50.00. Re-setting meters to be done at Purchaser expense.
Res1dent1a
that there exlsls af closing no viola lion of lhe foregoing and none of them prevents use of Real Property for purpose(s).
VIII. OCCUPANCY: Seller warrants thai there are no parties in occupancy other than Seller; buf. if Property is intended to be rented or occupied beyond closing. the ract and lerms
thereof shall be stated herein and the lenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property al time of closing unless otherwise
slated herein. If occupancy is to be delivered before closing. Buyer assumes all risk of loss to Properly from dale 0' occupancy, shall be responsible and liable for mainlenance 'rom
that dale. and shall be deemed to have accepted Property in its existing condition as of time of faking occupancy unless otherwise stated herein or in a separale wriling.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrillen or handwritten provisions shall control all printed provisions or Conlract in conflict with them.
X, RlDERS: (CHECK if any or the following Riders a're applicable and are allached 10 this Conlract):
<a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER (c) 0 FOREIGN INVESTMENT IN REAl PROPERTY TAX ACT RIDER
(b) 0 CONDOMINIUM RIDER (d) 0 INSULATION RIOER
; provided.
(e) 0 fHAIVA RIDER
If) t9 OTHER:
Radon
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign or (2) Qi may nol assign Ihis Contract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) rn is attached or (2) 0 lhere is no Addendum.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIAl.S
XIV. DISCLOSURES: Buyer G(l, aCknowledges or 0 does not acknowledge receipl of RIJl:Jm<1Q/radon/~~O'I:MIHQ{~~XlXl16 discfosures".
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not consfllute an opinion that any of fhe /etms and condillons In this Con/me' should be accepted by fhe parlles In a particular transaction. Terms
and conditions should be negotla/ed based upon the respective inferests, ob;ecllves and bargaining positions of a/l intereSfed persons.
COPYRIGHT 199' BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS
- - - - - - - - - - ,- - - - -
o"'~ (1~s~
fut. Social Security or Tax 1.0. # '
---------------
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Dale
Date
Dale
(Escrow Agent)
IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
seller agrees to pay the Broker named below, at time of closing, rrom the disbursements of the proceeds or the sale, compensation In Ihe amount of (COMPLETE ONLY ONE)
- % of gross purchase price or :& N / A for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant fa the foregoing
Contract. If Buyer falls to perform and deposit(s) is relained. 500/, thereof. but not exceeding the Broker's fee above provided, shall be paid Broker as full consideratloli ror Broker's
services. Including costs exqended by Broker. ",xl Ihe balance shall be paid 10 Seller. If Ihe transaction shall nol close because of refuS<l1 or rallure of Seller 10 perform, Seller shall
pay the full 'ee to Broker on demand. In any litigation arising ouf of the Contract concerning the Broker's fee. lhe prevailing party shall recover reasonable attorney's fees and costs,
N/A N/A N/A
(firm name of lisling Broker) (lirm name of s1i11roker) (Seller) N / A
~ ~~ ~
(uulhoriznd. ." ry) (:lUlhoriV'ld s'IJIlalol y) me"er)
l/Q I RIDERS CAN BE OBT^,NI"O FROM TIJr "n'1'OA ^ssorl^Tr"~J OF ro""^"TOns OR THE FLORlnA RAn
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A, EVIDENCE OF l1TLE: (1) An abstract of tllle prepared or brought current by a reputable and existing abstracl firm (If not existing then cerllfled as correct by an exlsling firm)
purporting to be an accurate synopsiS of the instruments affecting Iille to the Real Property recorded in the public records of the county wherein Real Properly Is located through
Effective Date and which shall commence with the earliest public records, or such later dale as may be customary In the county. UPon closing of this transaction, the abstract shall
become the property of Buyer, subjecl to the right 01 retention thereof by first mortgagee untillully paid, (2) A \ille Insurance commitment Issued by a Florida licenaedtllle insurer
agreeing to issue to Buyer, upon recording of the deed 10 Buyer, an owner's policy of title insurance In the amount of the purchase price Insuring Buyer's IIlIe to the Real Property,
subjecl only to liens, encumbrances, exceptions or Qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing. Sell.... shall s,onvey
marketable tille subject only to liens, encumbrances, exceptions or Qualifications specified in the Contract. Marketable tille shall be determined according to applicable Tille Standards
adopted by euthorlty of The Florida Bar and in accordance with law. Buyer shall have 30 days, If abstracl, or 6 days, II title commitment, from date of receiving evidence 01 tille
to examine it If tille is found deleclive, Buyer shall, within 3 days, notily Sellm in writing specilying de/cclls), If the defect(s) nlndEJr Iilla unmarketable, Seller win h"ve 120 days from
receipt 01 notice within which to remove the defed(s), failing which Buyer shall have the option of either accepting Ihe title as it then is or demanding a refund 01 deposit(s) paid
which shall immediately be relurned to Buyer; thereupon, Buyer and Seller shall release one another of all lurther obligations under Ihe Contract. Seller shall, II title is found unmarketable,
use diligent cllort to correct defecl(s) in the title wilhln the time provided therefor, including the bringing of necessary suits,
B, PURCHASE MONEY MORTGAGEj SECURITY AGREEMENT TO SELLER: A purchasp. money mortgage and mortgage note to Seller shall provide for a 3D-day glace period in
the event of dofaull if a lirst mortgage and a 15-day grace period if a second or lesser mortgage; shall provide for righl 01 prepayment in whole or in part without penally; shall
not permit acceleration or interesl adjustment in event of resale 01 Real Property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications
01 or luture advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
clauses customarily lound in mortgages, morlgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county
whereioReal Property is localed, All Personally and leases being conveyed or assigned witl, at Seller's option, be subiedto the lien of a security agreement evidenced by recorded
financing statements, 11 a balloon mortgage, the final payment will exceed the periOdic payments thereon,
C. SURVEY: Buyer, at Buyer's expense". within lime allowed 10 deliver evidence 01 title and to examine same, may have Real Prop6rly surveyed and certified by a registered Florida
surveyor, II survey shows encroachment on Real Property or Ihat improvements located on Real Property encroach on selbac~ lines, easements, lands 01 others or violate any restrictions,
Contract covenanls or applicable governmental regulaiiori, the same shall conslilule a litle delec\. '
D. TERMITES: Buyer, al Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Cerlified Pest Control
Operator to del ermine il there Is any visible active termile infestation or visible existing damage from termite Inlestation in!h~ ,il)1provements, II either or both are found, Buyer will
have 4 days Irom dale of wrillen notice thereof within which to have all damages, whether visible or not, inspected and estimated by'n licensEid'oullder or general contractor. Seller
shall pay valid costs of treatment and repair 01 all damage up 10 2% of purchase price, Should such cosls exceed that amount, Buyer shall have the option 01 cancelling Conlract
within 5 days alter receipi of contractor's repair estimate by giving wrillen notice to Seller or Buyer may eled to proceed with the transaction, in which event Buyer shall receive
a credit at closing 01 an amount equal to the total 01 the treatmenl and repair estimate not in excess 012% 01 the purchase price, "Termites" shall be deemed to include all wood
destroying organisms required to be reported under the Florida Pest Conlrol Act.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress lInd egress to the Real Properly sufficient lor ,the intended use as described in Paragraph VII heleol,
title to which is in accordance wilh Standard A,
F, LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies 01 all wrillen leases and estoppel lellers from each tenant specifying the nalure and duration
01 th8 lehanYs occupancy, ,rental rates, advanced rent and securily deposils paid by tenant If Seller is unable to obtain such leller from each tenanl, Iho same inlormalion shall be
'Iurnlshed by Seller to Buyer wilhin that lime period In the form 01 a Seller's aflidavit, :and,Buyer may lhercafler contael tenants to conlirm such inlormation. Seller shall, at closing,
deliver and assign all original leases 10 Buyer. ' . ,.,
G, LIENS: Seller shall furnish 10 Buyer at time 01 closing an affidavit' allesling to the absence, unless t>lherwise provided for. herein, of any financing statements, claims 01 lien or
potenllal lienors known to Seller and further aile sting that there have been 110 improvements or repairs to the Property for 90 days immedialely preceding date 01 closing, II Property
has been improved or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all gene rat conlmctors, subcOntractors, suppliers and materialmen
in addilion to Seller's lien aflidavil selling forlh the names of all such general conlractors, subcontractors, suppliers and malerialmen and furlher affirming that all charges lor improvements
or repairs which could serve as a basis for a mccllanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
H, PLACE OF CLOSING: Closing shall be held in the counly wherein the Real Property is located al the olfice 01 the allorney or other closing agent designated by Seller.
I. TIME: Time periodS herein of less than 6 days shall in lhe computalion exclude Saturdays, Sundays and slate or natiomii legal holidays, and any time period provided lor herein
which shall end on Saturday, Sunday or a legal holiday shall exlend to 5:00 p,m, 01 the next business day.
J, DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee esloppellelters and correcllve instruments.
Buyer shall furnish closing statement, mortgage, mortgage nole, security agreement and financing statements.
K, EXPENSES: Documentary stamps on the deed and recording correclive instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money
mortgage to Seller, deed and financing statements shall be paid by Buyer.
L PRORATIONS; CREDITS: Taxes, assessments, rent, interest. insurance and other expenses and revenue of Property shall be prorated through day belore closing, Buyer shall have
the option of taking over any existing policies 01 insurance, if assumable, in which event premiums shnll be prorated, Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy il occupancy occurs before closing. Advance rent and security deposits will be credited 10 Buyer and
escrow deposits held by mortgagee will be crediled 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 millage is not fixed and current year's assessment is available, taxes will be prorated based
upon such assessment and the prior year's millage, II currenl year's assessment is not available, then taxes will be prorated on the prior year's tax, II Ihere are completed improvements
on the Real Property by,January lsl 01 year of closing which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an, equitable assessment to be agreed upon between lhe parties, failing which, request will be made to the County Property Appraiser lor an informal
assessment taking into considerallon available exemptions, Any tax proralion based on an estimate shall, at request of eilher Buyer or Seller, be SUbsequently readjusted upon receipt
of tax bill on condition that a statement to that effect is in the closing statement.
M, SPECIAL ASSESSMENT LIENS: Cerlilied, confirmed and ratified special assessment liens as of date of closing (not as of Efleclive Date) are to be paid by Seller, Pending liens
as of date of closing shall be assumed by Buyer. If. the improvement has been substantially completed as 01 Effective Date, such pending lien shall be considered certilied, confirmed
or rallfied and Seller shall, at closing, be charged an amount equal 10 the last estimale 01 assessment for the improvement by the public body,
N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (inCluding the lascia and soffits) and exterior and interior w~lls,
seawalls (or equivalent) .and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the seplic tank, pool, all appliances, mecharical
ilems, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION, Buyer may, at Buyer's expense, have inspections made of those items by a firm
or individual specializing in home inspections and holding an occupational license lor such purpose (if required) or by an appropriately licensed Florida contractor. Buyer. shall, prior
to Buyer'S occupancy or not less than 10 days prior 10 closing, whichever occurs' first. report In writing to Seller such Ilems that do not meet the above standards as to defects.
Unless Buyer reports such defects within that time, Buyer shall be deemed to have waived Seller's warranties as to defects not. reported. If repairs or replacements are required,
Seller shall cause such repairs to be made and shall pay up to 3% of lhe purchase price for such repairs or replacements as may be required in order to place such items in WORKING
CONDITION. If the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elecl to pay such excess, failing which either party may cancel
this Contract. If Seller is unable to correct the delects prior to closing, the cost thereof shall be paid Into escrow at closing, Seller will, upon reasonable notice, provide utilities service
and access 10 the Properly lor inspections, including a walk' through prior to closing, Belween Effective Dale and the date of closing, except lor repairs required by this Standard,
Seller shall maintain Property, including, bul not limited to, the lawn and shrubbery, in the condition herein warranted, ordinary wear and leal' excepted,
0, RISK OF LOSS: If the Property is damaged by lire or other casually before closing and cost of restoration does not exceed 3% 01 the assessed valuation of the Property so
damaged, cost 01 restoralion shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract wilh restoralion costs escrowed at closing, 11 the cosl
, . 'of restoration exceeds 3% of Ihe assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or
any insurance proceedS payable by virtue of such losS or damage, or 01 cancelling this Contract and receiving return of deposll(s),
p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, If abstract, evidence of title shall be continued at Buyer's expense to show
Iille in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the dale of the last evidence. Proceeds of the sale shall be held in escrow
by Seller's attorney or by such other mutually acceptable escrow agent for a period 01 not longer than 5 days Irom and after closin~ date, If Seller's tille is rendered unmarketable,
through no fault of Buyer, Buyer shall. within the 6-day period, nolily Seller in writing 01 the delect and Seller shall have 30 days Irom dale 01 receipt 01 such notilication 10 cure
the defect. It Seller fails to timely cure the delect, all deposit(sJ and closing funds shall, upon written demand b~' Buyer and within 5 days aileI' demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personariy and vacate Property and reconvey It to Seller by special warranty deed. 11 Buyer fails to make, timely demand for
relund, 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 01 warranties contained In the deed.
II a portion of Ihe purchase price is to be derived from institutional financing or relinancing, requirements of the lending institution as to place, time of. day and procedures for closing.
and lor disbursement of mortgage proceedS shall control over contrary provision in this Contract. Seller shall have Ihe right to require from the lending institution a written commitment
that il will not withhold disbursement of mortgage proceeds as a result 01 any title defect attributable 10 Buyer-mortgagor. The escrow and closing procedure required by this Standard
may be wilived if Iille agent insures adverse matters pursuant to Section 627,7841, F,S, (1989), as amended,
a. ESCROW: Any escrow agent ("~") receiving funds or equivalent is authorized and agrees by acceptance 01 them 10 deposit them promptly, hold same in escrow and, subject
to clearance. disburse them in accordance with terms and conditions of Conlract. Failure 01 c1eamnce of funds shall not excuse Buyer's performance, If in doubt as to Agent's duties
or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject malleI' of Ihe escrow until Ihe parties mutually agree 10 its disbursement
or until a judgment of a court of competent juriSdiction shall determine the rights 01 the parties or Agent may deposit same with the clerk of the circuit court having jurisdiction
of the dispute. Upon notifying all parlies concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent 01 accounling lor any i1ems previously
delivered out of escrow, 11 a licensed real estale broker, Agent will comply with provisions of Chapter 475, F.S, (1989), as amended. Any Sl!it between Blfi'" and Seller wherein Agent
is made a party because 01 acting as Agent hereunder, or in any suit wherein Agent inlerpleads the subject matter of lhe escrow, ,l\glmt shall recover"rea,sonable attorney's lees
and costs incurred with the fees and costs to be paid from and oul 01 the escrowed funds or equival"nt and charged and awarded as court costs in tavOr of the prevailing party.
Parlies agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller 01 ilems subject to this escrow, unless such misdelivery is due 10 willlul breach
01 this Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation arising out of this Contract, the prevailing party in such litignlion which, lor the purposes oUhis. Si;~ld::rd, sn.~I!include Seller, Buyer.
listing broker, Buyer's broker and any subagents to the listing broker or Buyer'S broker, shall be entitled to recover reasonable attorney's lees and costs.
S, FAILURE OF PERFORMANCE: If Buyer lails to perlorm this Contract wilhln tile time specified, including payment of all deposil(s), the dep6Sit(s) paid by Buy~r and deposil(s)
agreed to be paid, may be retained by or lor the account of Seller as agreed upon liquidated damages, consideralion for the eXl>Cltlion of this Contract ano in Jull settlemenl of any
ctaims; whereupon, Buyer and Seller ,shall be relieved of all obligations under Contract; or Seller, at Seller's oplion, may proceed in equity to enlOlce Seller's'riOhtS under Ihis Contract.
II, for any reason olher than failure of Seller to make Seiler'S tille marketable alter diligent effort, Seller fails, neglects or reluses to perform this Contract, thO Buyer may seek specifi(;
performance or elect 10 receive the return of Buyer's cleposil(s) wilhout thereby waiving any action lor damages resulling Irom Seller's breach.
T, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contracl, nor any notice of it, shall be recorded in !lny public records, This Contract shall bind and
inure to lhe benefit 01 the par lies and their successors in interest. Whenever the conlext permits, singular shall include pluml and one gender shall include all. Notice given by or
10 the allorney for any party shall be as effective as if given by or to that party,
U, CONVEYANCE: Seller shall convey tille 10 the Real Property by statutory warranty, trustee's, personal representlltive's or guardinn's deed, as appropriate to the status 01 Seller,
subiect only to matters contained in Paragraph VII and Ihose otherwise accepted by Buyer. Personalty shall, at request 01 Buyer, be transferred by en absolute bill 01 sale with warranty
of lille, subject only to such matters as may be otherwise provided for herein.
V, OTHER AGREEMENTS: No prior or present agreements or representations shnll he binding upon Buyer or Seller unless included in this Contract No modification or chnn'Je in
this Contract shall be validpr binding upon the parties unless in writing and eXllculed hy lIle party or parties inlended 10 be bound by it,
W, WARRANl1ES: Seller warrants thot there !lre nO fncls known 10 Seller mnll'II"lIy affectilll.] tho v:lhle of thl! Ronl Property wlli"h ore not readily observoble hy Buyer or which
nilvc'not been disclosed to Buyer, .
, S,lNDARDS FOR REAL ESTATE TRANSITIONS
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