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CLEARWATER NEIGHBORHOOD HOUSING SERVICES ~..~ - I INST # 94-017279 JAN 19, 1~~~___2--=_~g~II___ QtJIT..CLAIlVI DI~ED Tllj~B QUIT CLAIM DEED, Executed this 20th day of_ October 1993,. by PINELLAS COUNTY FLA. OFF.REC.BK 8540 PG 328 - - --.--------.--.-.------.--.-.--.- ~ whose post office address is 1002 North Greenwood Avenue, Clearwater, Florida 34615, first party, to Clearwater Neighborhood Housing Services, Inc., a Florida Corporation Not For Profit ;',1Tr/ /XiJ LJH- whose post offi.ce address is P. O. Box 4748, Clearwater, Florida '11 ~~:~:;:.,CJHGiL\a4618-4748, second party: j~,CG r /0 (J07 0 (~""C' CN;'."{Wh"reve.r used herein the lenns "first party" anrl "8econd pMy" shaH mcl!"o., .i~gular :lI\d piural,heirs. legal rCprC8Ctllatives, and assigns of individuals, and ,~- '., ,- ~ '-. - "uccessors and ..signs of Corporations, whatever the:onle)i.l .'0 admiLq or ,<<!e;,-ea,) n:-:c/ D~._ ')I;,:" :ZO:ilITNESSETH, That the said first party, for and in consideration of rS..:the SUm of $10.00 in hand paid by the said second party, the nn receipt whereof is hereby aCknowledged, does hereby remise, release PIC and guit-claim unto the said second party forever, all the right, CE~ltitle, interest, claim and demand ~ich 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, Sta'te of Florida, t:o wit: City of Clearwater, Florida a Florida Municipal Corporation 'l'hat part of Section 9, 'l'ownsl1ip 29 South, Range 15 East more particularly described as f0110\l':s: The North 13 feet of Lots I, 2, 3 and 4; Block 1, IRA NICHOLSON'S ADDI'rION TO CLEARWATER, FLOIUDA, 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 Sec'tion 9, Township 29 South, Range 15 East, thence proceed southerly along the east line of said Section 9, South 00000'53" East, 180.34 feet; thence South 89033!09" West, 33.00 feet t.o a point on the west right-ot-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 the POINT OF BEGINNING: l~ '~P1u F~ J"l (I () " RETURN TO: CITY CLERK !'"j.ST OFFICE BOX 4748 C"RWATER, Fl 34618-4749" 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 Hillsborouqh County, Florida, of which Pinellas County was formerly a partithence South 14043'57" West along said west line of said Lot 5, Block 1, 15.54 feet to the Southwest corner ofus;o_1.d Lot 5; Block 1,= thence proceed North 89033_' 09" 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 ri~~t of way taking the following three (3) courses: 1) North 00038'53" East, 3.97 feet; 2) South 89021'07" East, 40.00 feet; 3) North 35"18'5411 East. 14.54 feet to the. POINT OF BEGINNING. 1~~OI2 -'D ~ r)~)t~:pr'-': " :;-y "-r" .." . 70 -' _.' .-.-...._; -. . "-". . :. ,;::-', ; "',. ':.. ~ ',.i \ J.. ", .u_ .,fJ' ."1 '~'r!'",., ,~I""K. j',,'{'"""-- _____ P~t'~j ~,~! __ _..~_u__. -- (-3~,r '_.____"_ _. -- KARLEEN F. DEB LAKER , ~,. R" K RECORD VERIFIED BY: f==J -.----.------..--.-.___n___.._____ _ ____ ____ __ ___ _________ ;:;, t, 1 t ~t /" ...., ','" ',.., . .,. "~ I ,- I, PINELLASCOUNTY FLA. OFF.REC.BK 8540 PG 329 TO HAVE AND TO HOLD the same together will all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity ~nd Claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit 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 construct 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 WHEREOP, the party of the first part has caused these presents to be executed in its name by its City Manager, Ci ty 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. ~~t€f~ CLEARWATER NEIGHBORHOOD HO ING SERVICES, INC. /.~ ~n, l'resident Walter Campbell WitneSS("print name} ~SS ~h~'t? Lois Lowery Witness (print ~------___ -~-- STA1'E OF F'LORIDA ) COUN'l'Y OF PINELf....AS ) BEFORE ME, the undersigned, personally appeared W. Pearl JOhnson, President of Clearwater Neighborhood Housing SerVices, rno., 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 set/forth, and who i, s personally known to me or has produced _____ IV'+' . as identification. WITNESS my hand and official seal --pe,o~ } 11~9 3. /,0 '" r; ?7) . ,. "2i \ ~'- '<"'(..) No~ary Publi.C! ~ '? _ __ Prlnt/type name: 6el2l1l-D.:r: S Pic It Jlco this (:fO{~ day of ,'I'J'.':;"~';;;:"" GERAlD J. SPllATRO .~t&. .~.. ,..: ':.~ MY COMMISSION' CC 249240 b: .:.rl EXPIRES: Janil/uy 15, 1997 "~Iir:,r..~" 80ndea Thru NclaJy Pullllc lIncIew.ttrM --:.~..... STATE OF FLORIDA ) COUNTY OF PINELLAS } BEFORE ME, the undersigned, personally appeared Mary C. Myhi 11, Secretary of C learwa ter Neighborhood Housing Services, ~ I" c'r uwhoe""cu ted the ~i'or egG ing / i""'crumen t ~OJli>€h'1i f "'1' 1:11 e corporation, and acknowledged the execution thereof to be her free act and deed for the Use and purposes herei!} set forth, and is personally known to me or has produced jJ/ /l. as identification. WITNESS my hand ex:! TO /.3e/2- official seal this dlJt::^-. day of Notary Public Print/type name: ~ ..5t0 ~ /17J2i::> .~il\~.. aeRAlD J. SPllATAO t":' 'i.~ MV COMMISSION' CC 249240 ;l/ EXPIRES: January 15, 1997 " ~", Iloncted ThI1l HoII/y Public Unlf8fwrlmJs '==-, J . CONTRACT FOR SALE AND PURCHA'SE M"~~" City of Cl~;;:;;at~~, a Fijid;lMu~t~~~a~7~~rporatiQn ~ .1- 462 6770 rs"II, of P.O. Box ,earwater,. ~. (Phone _ ___ and James E. Seymour, Sr.. a married man ('"~ of 807 North Jefferson Avenue Ie rwater Florida 34615-4318 (Phone 462-6260 hereby agree Ihal Ihe Seller shall sell and Buyer shall buy lhe 'allowing real properly ("Real Properl'(') and personal property ("personallJ"') (colleclively J~erIY") upon Ihe '0110'0\ ler",s and conditions, which INCLUDE lhe Slandards for Real Estate Transncllons ("Slandard(s!"l printed on Ihe reverse or allached an any Riders an denda 10 Ihls Inslrum I... DES"t:RIPTION: II, (n) Legal de scrip lion of Real Property located in pi ne 11 as ;~~~~:P~'; ~LDRIDr,E SlJBDTVTSTON, R 1 ()~k 1ne as oun:v was orme y par. .~ ~4rl- (b) Slreel address, city, tiP. of IhePropertyiS: lnn? NnY'rn r.::>rnpn AupnllP, r1p::>~~~~~) ;*n~~~I: ~4n~; (c) Personally: Rpfrigpr::>rnr, ('piling f::>n, ::>11 "A~ g" PR~~;;~ ~~ ~~~~~ ~;;~~~~~~~ ;~~~~;I"AS SF.T,T,F.R KN()1A1T.Fnr.F ()'!<' ANY PR()PFR'rY nF'!<'Fr.'T'~ T~ T TMT'T'F.~ ___.__'_ _" . , " H"".." '" __~______ S ~RT ATTAr-HF.n HF.RF.'T'() ANn MAnF. A PART HF.RF.()'!<' PURCHASE PRiCE,..., ,.,......, ..,.... ,.., '.., ,., ,." ...,.. '.........., ,.,'.., ...,.. ...., ,., ,....,',..""..,.,.... ......,.,.""...., '............ ...,.." $ PAYMENT: (Recvd. 1/11 /93) (a) Deposit(s) 10 be held in escrow by Coas tal Bonded Ti t Ie Ins ur ance Co. in Ihe amount 0' .. $ (b) Additional escrow deposit within N / A days arter Effeclive Date in the amount of ........., ....,......,.., .....,........ ....... ...... $ (c) SUbject 10 AND assumption 0' morlgage In good standing in favor of N / A TS" 17 ,005.00 1,000.00 N/A having an approximale present principal balance of " $ 8 (d) Purchase money mortgage and note bearing annual interesl at % (see Addendum) in amount of .,""""",.,.",...".."".." $ (e) Olher: . N / A $ (f) Balance 10 close (U,S, cash, LOCALLY DRAWN cerlified or cashier's .check), subject 10 adjuslments and prorations....,........,.,........... $ III. TIME FOR ACCEPTANCE: EFFECTIVE DATE; FACSIMILE: " Ihis offer is nol executed by and delivered to all parties OR FACT OF EXECUTION communicated in wrilie between Ihe parlies on or before 6/25/93 , Ihe deposit(s) will, at Buyer's oplion, be returned 10 Buyer and Ihis offer wilhdrawn, A facsimile copy of Ihi Conlracl for Sale and Purchase ("Contract") and any signalures hereon shall be considered for all purposes as originals. The dale 01 Contract ("Errective Dale") will be Ihe date whe the last one of the Buyer and Seller has signed Ihis orfer, IV. FINANCING: N/A 15,000.00 N/A 1,505.00 (a) " the purchase price, or any ..Earl of il is to be financed by a third-party loan, Ihis Conl{~1 is conditioned on Ihe Buyer obtaining a wrillen commitment for (C~EfI ( 1 or (2) or (3)): ( 1) 0 a fixed, (2) U an adjustable or (3) 0 a fixed or adjustable rale loan withiri'l A days after Erreclive Dale al an Initiallnteresl rale nol 10 exceed '1\ term of N / 11 years and for Ihe principal amount of $ III / A ' Buyer will make application wilhin' N~ ^ days after Errective Dale and use reasonablE diligence to 'obtain the loan commitment and, lherearter, 10 meet thE! terms and conditions of the comrnilmenl and close e"loan, Buyer shall pay all loan expenses, rr Buyel fails 10 obiain lhe commitment or fails to waive Buyer's righls under Ihis subparagraph wilhin the time for oblaining the commilment or aHer diligent errort fails to meel IhE terms and conditions of Ihe commitment, Ihen eilher party lherearter by prompt wrillen notice 10 Ihe olher may cancel fhe Contract and Buyer shall be refunded Ihe depoSil(s) (b) The existing morlgage described in Paragraph II(c) above has (CHECK (1) or (2)); ( 1) 0 a variable inlerest rate or (2) 0 a fixed interest rate of D-T / A % per annum ' AI time of title transfer some fixed interesl rales are subject to increase, " increased. the rate shall not exceed N / A '% per annum, Seller shall, wilhin N / A days aHer Errective Date, furnish stalemenls from all mortgagees Slating principal balances~ method of paymenl, interest rate and status of mortgages, If Buyer has agreed 10 assume a mortgage which requires approval of Buyer by the mortgagee for assu{QpJiQn. then Buyer shall promptly obla(n jll required applicalions and will diligently complete and relurn them 10 Ihe mortgagee, Any mortgagee charge(s) nollo exceed $ N LA shall be paid by N _A (if not filled in, equally divided), I' Buyer is not accepted by morlgagee or the requirements for assumption are not in accordance with the terms of this Contract or morlgagee makes a charge in excess of the staled amount. Seller or Buyer may rescind Ihis Contract by prompt wrillen notice to Ihe other party unless either elecls to pay the increase in inlerest rate or excess mortgagee charges, V. TITLE EVIDENCE: Al least 5 days before closing date, Seller shall, al Seller's expense, deliver to Buyer or Buyer's allorney. in accordance with Standard A, (CHECK (1) or (2)): (1) 0 abstract of titie or (2) IXltitie insurance commitmenl and. aHer closing, owner's policy of titie insurance. VI. CLOSING DATE: This transaction shall be closed and Ihe deed and other closing papers delivered on J U 1 y 16. 1993 , unless exlended by other provisions of Contracl. VII. RESTRICTIONS: EASEMENTS; LIMITATIONS: Buyer shall take title subject 10: zoning, restrictions, prohibillons and other requiremenlS imposed by governmental authority; restrictions and mailers appearing on the plat or olherwise common 10 the subdivision; public utility easements of record (easernenls are 10 be localed contiguous 10 Real Properly lines and nol more lhan 10 feel in width as to Ihe rear or front lines and 7'h feel in widlh as to the side lines, unless otherwiSE! stated herein); laxEls for year of closing and subsequent years;assumedmortgajlesandPurchasemoneymorlgageS,ifany;other: Water & gas meters may requ1re re-sett1ng. Water meter fee is $50.uO. Re-setting meters to be done at Purchaser expense. ; provided, Res1dent1a Ihat Ihere exisls al closing no violation of the foregoing and none of Ihem prevents use of Real Properly for purpose(s), VIII. OCCUPANCY: Seller warranls that there are no parlies in occupancy other than Seller; but, if Prope,ty is intended to be renled or occupied beyond closing, the fact and terms Ihereof shall be slated herein and Ihe tenant(s) or occupanls disclosed pursuant to Standard F, Seller agrees 10 deliver occupancy of Properly at time of closing unless olherwise slated herein, If occupancy is to be delivered before closing, Buyer assumes all risk 0' loss to Property from dale of occupancy, shall be responsible and liable for mainlenance rrom Ihal dale, and shall be deemed to have accepted Property in lis existing condilion as of time of laking occupancy unless otherwise staled herein or in a separale writing, IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall conlrol all prinled provisions of Conlracl in conflict wilh them, X. RIDERS: (CHECK if any of the following Riders are applicable and are attached 10 Ihis Contracl): (a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER (e) 0 FOREIGN INVESTMENT IN REAL PROPEffiY TAX ACT RIDER Ib) 0 CONDOMINIUM RIDER (d) 0 INSULATION nlOER (e) 0 fHA/VA RIOEn (I) t9 OTHER: Radon XI. MSIGNABILlTY: (CHECK (1) or (2)); Buyer (1) 0 may assign or (2) Qf. may not assign Ihis Conlracl. XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) rn is attached or (2) 0 lhere is no Addendum, X/II. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS XIV. DISCLOSURES: Buyer 0(1, acknowledges or 0 does not aCknowledge receipl 0' R1K~mtlradon/\llmW~01fMUl<k~~XQGHi disclosures.., ~/ z,. 'fhJ . { G:> I~<f / '? 3 I I fi,!~<{lf3 - .l,-'l,l.-f, Date J. -. C i t~i .A t torney Social Security or Tax 1.0, if ceived; IF OlHER TH/'.N CASH, THEN SUBJECT TO CLEARANCE, BROKER'S FEE; (CHECK AND COMPLETE THE ONE APPLICABLE) By: o IF A LIlnlNG AGREEMENT IS CURP.&HTLY IN EFFeCT; N/ A Seller agrees to pay the Broker nameo below, Including cooperaling sub-agents nnmed. r1ccording to the terms of an existing, separale listing agreement: OR o 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 BAA. Approval does not const/lufe an opinion thaf any 01 the tetms and conditions In fhls Contraef should be accepted by fhe parlles In a particular transacflon, Terms and conditions should be negotiated based upon fhe re~eclive Interests, object/ves and bargaining positions of al/lnferested persons, COPYRIGHT 1991 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS --------------- D".~{1~s~ Dat. Social Securlly or Tax 1.0, if ' --------------- 5-:- /')-'J Dale Date Date (Escrow Agenl) IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT: seller agrees 10 pay the Broker named below, al time of closing, from Ihe disbursements of the proceeds of the sale, compensation In the amount of (COMPLETE ONLY ONE) - % of gross pumhase price or $ N / A lor Broker's services in erfecting tho sale by finding Ihe Buyer ready, willing and able 10 purchase pursuant to the foregoing Conlract. If Buyer fails 10 perform and deposil(s) is retained, 500/, Ihereof, but not exceeding lhe Broker's fee abo'Je provided, shall be paid Broker as full consideralion for Broker's services, Including cas Is exp,p-nded by Broker, rind the balance shall be paid 10 Seller, If Iho transaction shall not close because of refusal or failure 0' Seller 10 perform, Sellor shall pay lhe full fee to Broker on demand, In any litigation arising out of lhe Conlract concerning Iho Broker's feo, Ihe prevailing party sholl recover reasonable allorney's fees and costs, N/A N1A N/A (firm name of listing Broker) (firm name of s~lroklJr) (Sellor) N / A ~ ~~ ~ (lIlIlhori1.Od, ,(, ry) (,111lhoritOd s'lJnalOI YI [!,:;"IICr) ^r1/ 1/Q1 RIDERS CAN BE OBTAINFn FROM TIll" r' nq'nl\ ^SS(1('I^T1"~j OF f''"^I,TORS on THE FLORin A 1'1"" ''-'. J ~;'~!:.l f~*-' ".(~.~ ~ ..:. , A. EVIDENCE OF TlTLE: (1) An abstract of IIl1e prepared or brought cUl/enl by a repulable and existing abstracl firm (If not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the inslruments affecting lille to the Real Property recorded In the publiC records of the county wherein Real Property Is located through Effective Date and wl)ich shall commence with the earliest publiC records, or such later date as may be customary In the county, Upon closing of this transaction, the abstract shall become the property of Buyer, subject to the right 01 retention thereol by first mortgagee until fully paid, (2) A IIlle Insurance commitment issued by II Florida licensed title insu,er ag,eeing to issue to Buyer, upon ,ecording 01 the deed to Buyer, an owner's policy of litle Insurance In the amount 01 the purchase price Insuring Buyer's lillo to the Real Property, subjecl only to liens, encumbrancos, exceptions or Qualifications set forlh in this Contract and lhose which shsll be discharged by Seller at or before closing, Se!!wf. shall C,onvey marketable title subject only to liens, encumbrances, exceptions or Qualifications specified in the Contract. Marketable tille shall be determined according to applicable Tille Sla;ldards edopled by authority of The Florida Bar snd in accordance with law, Buyer shall have 30 days, If absl,act, or G dsys, If lille commitment, from date 01 receiving evidence of tille 10 examine it. If tilfe is found defective, Buyer shali, within 3 days, nolily Sellm in writing specifying delecl(s), If the delt1ct{s)mnder tille unmarketable, Seller will. h"ve 120 days lrum receipl 01 notice within which to remove the defecl(s), failing which Buyer shall have the option of eilher accepting the tille as it then 15 or demanding a relund of deposil(s) paid which shall immediately be returned to Buyer; thereupon, Buyer end Seller shall release one another of all lurther obligations under the Conlract. Seller shall, il tille is found unmarkelable, use diligent eflortto correct defecl(s) in the title wilhin the time provided therelor, including the bringing 01 necessary suits, B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchasp. money mortgage and mortgage note to Seller shall provide for e 30,day grace period in Ihe event of default if a first lTIortgege and' a 15-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permil acceleration or interest adjustment In event of resale of Real Property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications 01 or lulure advances under prior mortgage(s); and the morlgage, note and securily agreement shall be otherwise in form and content required by Seller; but Selle, may only require clauses customatily found in mortgages, mortgage notes and security agreemenls generally utilized by savings and loan institutions or state or national banks located in lhe county whereioReal Property is located. All Personally and leases being conveyed or assigned will, at Sellers oplion, be subject to the lien 01 a security agreement evidenced by ,ecorded financing statements. II a balloon mortgage, the final payment will exceed the petiodic paymenlS thereon, C. SURVEY: Buyer, at Buyers expensll". within time allowed to deliver evidence 01 tille and to examine same, may have Real Prop6rly surveyed and certified by a registered Florida surveyor. II survey shows encroachment on Real Property or thai improvements located on Real Property encroach on setback. lines, easements, lands 01 others or violate any restrictions, Confract covenants or applicable governmental regulation, the same shall conslitute a tille defect. ' D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of tille and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine II them Is any visible aclive termite infestation or visible exisling damage from termite infestation in ,the, improvements, If either or both are found, Buyer will have 4 days from date of wrillen notice thereol wilhin which to have all damages, whether visible or not, inspected and estimated by 'n IicensEid'llullder or general contractor, Seller shall pay valid cosls of treatment and repair of all damage up to 2% of purchase price, Should such costs exceed that amount, Buyer shall have the oplion 01 cancelling Contracl wilhin 5 days after receipt of contractor's repair estimale by giving wrilten notice to Seller or Buyer may eleel to proceed wilh the transaclion, in which event Buyer shall receive a credil af closing of an amount equal to the tolal of the treatment and repair eslimate not in excess of 2% of fhe purchase price, "Termites" shall be deemed to include all \/Iood destroying organisms required to be reported under the Florida Pest Control Ac\. E, INGRESS AND EGRESS: Seller warrants and represents that thero is ingress and egress to the Real Property sufficient for ,the intenoed use as described in Paragraph VII hereof, title to which is in accordance with Standard A, F, LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all wrillen leases and estoppellellers from each tenant specifying the nature and duralion of the leMn!'s occupancy; ,rental rates, advanced rent and security deposits paid by tenan\. If. Seller is unable to obtain such leller from each tenant, the same information shall be 'furnished by Seller 10 Buyer within Ihat time period In the form of a Sellers aflidavit, :and .,Buyer may therealler contact tenants to confirm such information, Seller shall, at closing, deliver and assign all original leases to Buyer, ' G. LIENS: Seller shall furnish to Buyer at time 01 closing an affidavll attesting to the absence, unless tJiherwise provided for. herein, of any financing slatements, claims of lien or potential lienors known to Seller and further attesting that there have bee,n 110 improvements or repairs to the Property for 90 days imrnediat"ly preceding dale of closing, If Property has been improved or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all gene rat contmctors, subconlractors, suppliers and materialmen in addition to Seller's lien affidavit selling forlh the names 01 all such general contractors, subcontractors, suppliers and materialmen and further affirming thai all charges lor improvements or repairs which could serve as a basis tor a mcchanic.s lien or a claim for damages have been paid or will be paid at closing of this Contract. H, PLACE OF CLOStNG: Closing shall be held in the county wherein the Real Property is located at the ollice of the attorney or other closing agent designated by Seller. I. TIME: Time periodS herein of less than 6 days shall in Ihe computation exclude Saturdays, Sundays and state or naflomii legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or a legal holiday shall e~tend to 5:00 p,m, of Ihe next business day, J. DOCUMENTS FOR CLOSING: Seller shall furnish Ihe deed, bill of sale, mechanic's lien aflidavil, assignments of teases, tenant and mortgagee estoppel letters and corrective instruments, Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statemenls, , K. EXPENSES: Documenta,y stampS on the deed and recording corrective instruments shall be paid by Seller, Documentary stamps, intangible tax and recording purchase money morlgage 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 Ihrough day before closing, Buyer shall have the option of taking over any existing poticies of insurance, if assumable, in which event premiums shall be prorafed, Cash, at closing shall be increased or decreased as may be required by prorations, Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer and escrow deposils held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made tor maximum allowable discount, homestead and olher 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 Ihe prior year's millage, If currenl years assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on the Real Properly by,January 1st of year of closing which improvements were nol in existence on January 1st 01 the prior year, then taxes shall be proraled based upon the prior year's millage and at an, equitable assessmenl to be agreed upon between Ihe parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions, Any tax proration based on an estimate shall, at reQuesl 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: Certilied, confirmed and ralified special assessmenl liens as of date of closing (not as of Eflcclive Date) are to be paid by Seller, Pending liens as 01 date of ctosing shall be assumed by Buyer, If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered certified, confirmed or ratified and Seller shall, al closing, be charged an amount equal 10 Ihe last estimate of assessment lor the improvement by the publiC body, N, INSPECTlON, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (inCluding the fascia and soffits) and exterior and interior V.'~'ls, seawalls (or equivalent) ,and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or struclural damage and that the septic tank, pool, all appliances, mecharical lIems, heating, cooling, eleclrical, plumbing systems and machinery are in WORKING CONDtTION, Buyer may, at Buyer's expense, have inspections made of those lIems by a firm or individual specializing in home inspections and holding an occupational license for such purpose (if required) or by an appropriately licensed Florida contractor, Buyer shall, prior \0 Buyer'S occupancy or not less than 10 days prior to closing, whichever occurs' first, report in writing to Seller such items that do not meet the above standards as to delects, Unless Buyer reports such defects within that time, Buyer shall be deemed 10 have waived Seller'S warranties as to deleets not, reported, \I repairs or replacements are required, Seller shall cause such repairs to be mClde and shall pay up to 3% of Ihe purchase price lor 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 purcl,ase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this Conlract. If Seller is unable to correct Ihe defects prior to closing, the cost therool shall be paid into escrow at closing, Seller will, upon reasonable notice, provide utilities service and access to the Property lor inspections, including a walk,through prior to closing, Belween Effective Dale and the date of closing, except for repairs required by this Standard, Seller shall maintain Property, including, but notlimiled 10, the lawn and shrubbery, in the condition herein warranled, ordinary wear and tear excepled, 0, RISK OF LOSS: If the Property is damaged by fire or other casually before closing and cost of restoralion does nof exceed 3% of the assessed valuation of the Properly 50 damaged, cost of restoration shall bo an obligation of the Seller and closing shall proceed pursuanl to the terms of Contract with restoration cosls escrowed at closing, If the cost , .. of restoration exceeds 3% 01 the 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 relurn 01 deposil(s), p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded L1pon clearance of funds, If abstract, evidence of tille shall be conlinued at Buyer's expense to show tille in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence, Proceeds of the sale shall be held in escrow by Seller's allorney or by such olher mutually acceptable escrow agent for a period 01 not longer than 5 days from and after closing date, If Selle,'s lille is rendered unmarketable, through no fault of Buyer, Buyer shall, within the G-day period, notify Seller in writing of the defect and Seller shall have 30 days from dale of receipt of such notification to cure the defec\. It Seller lails to timely cure the defect, all deposit(s), and closing funds shall, upon wrillen demand by Buyer and within 5 days after demand, be returned to Buyer and simullaneously with such repayment, Buyer shall return Personarly and vacate Property and reconvey it to Seller by special warranty deed. If Buyer fails to make, timely demand for relund, Buyer shall take tllle as is, waiving all rights against Seller as to any inlervening defect except as may be available to Buyer by virtue of warranties contained In the deed, If a portion 01 the purchase price Is to be derived from Institutional financing or refinancing, requirements of the lending institution as to place, lime of' day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in Ihis Contrac\. Seller shall have the right to require from the lending institution a written commilment thaI it will not withhold disbursement of mortgage proceedS as a result of any tille delect allributable to Buyer-mortgagor. The escrow and closing procedure required by Ihis Standard may be w<iived if tille agent insures adverse mailers pursuant to Seclion 627,7841. F,S, (1989), as amended, Q, ESCROW: Any escrow agent ("Aqent") receiving funds or equivalent is authorized and ag,ees by acceptance 01 them to deposit them promplly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance 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 mailer of Ihe escrow until the parties mutually agree to its disbursement or until a judgment of a court of competent juriSdiCtion shall delermine the rights of the parties or Agenl may deposit same with the clerk of Ihe circuit court having jutisdiclion of the dispute, Upon notifying all parties concerned 01 such action, all liability on the part of Agent shall lully terminate, except 10 the extent of accounting lor any ilems previously delivered out of escrow, If a licensed real estale broker, Agent will comply with provisions of Chapter 475, F.S, (1989), as amended, Any SlJit betweel1 Blfi~( and Seller wherein Agent is made a party because of acting as Agenl hereunder, or in any suil wherein Agent interpleads the subject mailer of the escrow, I'.g!mt shall ,ecover'rell,sonable allorney's lees and costs incurred with the fees and costs to be paid lrom and out 01 the escrowed flmds or eQuivalE<nt and charged and awarded' as court costs in lavO'r of the prevailing party, Parties agree thai Agent shall nol be liable to any party or person for misdetivery to Buyer or Seller of ilems subjecl 10 this escrow, unless such misdelivery is due to wifllul breach of this Contract or gross negligence of Agen\. R. ATTORNEY'S FEES; COSTS: In any litigation arising out of this Contract. Ihe prevailing parly in such litigalion which, lor the purposes ol.Jhis' si;~,dird, shFlfinclude Seller, Buyer, listing broker, Buyers broker and any subagents 10 the listing broker or BLlyers broker, shall be enlilled to recover reasonable altorne~/s lees and costs, S. FAILURE OF PERFORMANCE: If Buyer lails to perform this Contract within IIle time specified, including payment of all oeposil(SI, the depoiil(s) paid by Buywr and deposit(s) agreed to be paid, may be retained by or for the accounf of Seller as agreed upon liquidated damages, considuration for Ihe ext>cution of Ihis Contract anp inJull seltlement 01 any claims; whereupon, Buyer and Seller.shall be relieved 01 all obligations under Contract; or Seller, at Seller's option, may proceed in equily to enfOlce Seller's'rightS under this Conlract. If, 10/ any reason other than failure of Seller to make Seller's tille marketable aller diligent efforl, Seller fails, neglects or /Bfuses to perform this Contract, tho' Buyer may seek specific perfO/mance or elect to receive the return of Buyer's deposil(s) without thereby waiving any aclion lor damages resulling from Sellers brench, T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Conlract, nor any notice 01 il, shall be recorded in !lny public records, This Conlract shall bind and inure to the benelil of the parties and their successors in inlerest Whenever Ihe conte~t permits, singular shall include plural and one gender shall inctude all, Notice given by or 10 the altorney for any party shall be as effective as if given by or to thai party, U, CONVEYANCE: Seller shall convey tille to the Real Property by slatutory warranty, Irustee's, personal represenlative's or guardian's deed, as appropriate to the stalus 01 Seller, subject only 10 malters contained in Paragraph VII and those olherwise accepted by Buyer. Personally shall, at request of Buyer, be transferred by an absolute bill 01 sale with warranty 01 tille, subjecl only 10 such mailers as may be otherwise provided for herein, V, OTHER AGREEMENTS: No prior or present agreements or representations shnll be binding upon Buyer or Scoller unless included in this Conlract. No nlodilication or chan:Je in Ihis Contracl shall be vatidpr binding upon the parties unless in writing and eXl~culed by the party or par tics intended to be bound by i1. W, WARRANTIES: Seller warrants thot there are 110 fncts known \0 Seller nmleli"lIy nfleclin\) the v:lh,e of Ihll Roal Properly which ora not ,eadily observoble hy Buyer or which n,I\'c'nol been disclosed to Buyer, . . SLDARDS FOR REAL ESTATE TRANSJTIONS II ". I l r' ",' rl ...1 (. . I;'" ..! I-II j;}~ "",,",'i.', ,. ,~;~~ CO;!;,