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A. EVIDENCE OF TITLE: (1) An abstract tol life prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting
<br />to be an accurate synopsis of the instruments affecting title to the Real Properly recorded in the public records of the county wherein the Real Properly is located through Effective Date. It
<br />shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject
<br />to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the
<br />deed to Buyer, an owners policy of title insurance in the amount of the purchase price, insuring Buyer's title to the Real Property, subject only to liens, encumbrances, exceptions or
<br />qualifications provided in this Contract and those to be discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or
<br />qualifications provided in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer
<br />shall have 30 days, if abstract, or 5 days, it title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall within 3 days thereafter, notify Seller
<br />in writing specifying the defect(s). If defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defects, failing which Buyer shall, within five (5) days
<br />after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent
<br />effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be immediately returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have
<br />accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time provided therefor. If Seller is unable to timely correct the defects,
<br />Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract.
<br />B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 -day grace period in the
<br />event of default if a first mortgage and a 15 -day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration
<br />in event of transfer of the Real Properly; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s):
<br />shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within
<br />the term "extended coverage endorsements" and such other risks and perils as Seller may reasonable require, in an amount equal to their highest insurable value; and the mortgage, note
<br />and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes and
<br />security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein the Real Property is located. All Personal Property and leases
<br />being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will
<br />exceed the periodic payments thereon.
<br />C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certified by a registered Florida
<br />surveyor. If the survey discloses encroachments on the Real Properly or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions,
<br />Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
<br />D. TERMITES: Buyer, at Buyers expense, within the time allowed to deliver evidence of title, may have the Property inspected by a Florida Certified Pest Control Operator ( "Operator') to
<br />determine if there is any visible active termite infestation or visible damage from termite infestation in the Properly. If either or both are found, Buyer shall have 4 days from date of written
<br />notice thereof within which to have cost of treatment, if required, estimated by the Operator and all damage inspected and estimated by a licensed builder or general contractor. Seller shall
<br />pay valid costs of treatment and repair of all damage up to the amount provided in Paragraph XIII(a). If estimated costs exceed that amount, Buyer shall have the option of canceling this
<br />Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, and receive a credit at closing on the
<br />amount provided in Paragraph XIII(a). "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act, as amended.
<br />E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Properly sufficient for its intended use as described in Paragraph VII hereof, title to
<br />which is in accordance with Standard A.
<br />F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the
<br />lenanl's occupancy, rental rates. advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by
<br />Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all
<br />original leases to Buyer.
<br />G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, claims of lien or potential
<br />lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days immediately preceding date of closing. If the Real Property
<br />has been improved or repaired within that lime, Seller shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen
<br />in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or
<br />repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract.
<br />H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent designated by Seller.
<br />I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and slate or national legal holidays shall be excluded. Any time periods provided for herein which shall end
<br />on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract.
<br />J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bill of sale, construction lien affidavit, owners possession affidavit, assignments of leases, tenant and mortgagee estoppel
<br />IRhers and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements.
<br />K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. Documentary stamps and intangible lax on the purchase money mortgage
<br />and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by the Buyer. Unless otherwise provided by law or rider to
<br />this Contract, charges for [lie following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for
<br />furnishing the title evidence in accordance with Paragraph V.
<br />L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Properly shall be prorated through the day before closing. Buyer shall have the option
<br />of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by proralions to
<br />be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will
<br />be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs
<br />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 prior year's millage. If current years
<br />assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of year of closing, which improvements
<br />were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between the parties;
<br />failing which. request shall be made to the County Properly Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at
<br />request of either party, he readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing.
<br />M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of
<br />data of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be considered certified, confirmed or ratified and
<br />Seller shall, at closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body.
<br />N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, root (including the fascia and soffits) and exterior and interior walls,
<br />foundation, seawalls (or equivalent) and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank, pool, all appliances, mechanical
<br />items. heating, cooling. electrical, plumbing systems and machinery are in WORKING CONDITION. The foregoing warranty shall be limited to the items specified unless otherwise provided
<br />in an addendum. 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 for such
<br />purpose (if required) or by an appropriately licensed Florida contractor. Buyer shall, prior to Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first, report in writing
<br />to Seller such items that do not meet the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to defects
<br />not reported. If repairs or replacements are required to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount provided in Paragraph XIII(b). Seller
<br />is not required to make repairs or replacements of a cosmetic nature unless caused by a defect Seller is responsible to repair or replace. If the cost for such repair or replacement exceeds
<br />the amount provided in Paragraph XIII(b), Buyer or Seller may elect to pay such excess, failing which either party may cancel this Contract. If Seller is unable to correct the defects prior to
<br />closing. the cost thereof shalt be paid into escrow at closing. Seller shall, upon reasonable notice, provide utilities service and access to the Property for inspections, including a walk - through
<br />prior to closing. to confirm that all items of Personal Property are on the Real Property and, subject to the foregoing, that all required repairs and replacements have been made and that
<br />the Properly, including, but not limited lo, lawn, shrubbery and pool, if any, has been maintained in the condition existing as of Effective Date, ordinary wear and tear excepted.
<br />0. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged,
<br />cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at closing. If the cost of restoration
<br />exceeds 3% of the assessed valuation of the Properly so damaged, Buyer shall have the option of either taking the Property as Is, together with either the 3% or any insurance proceeds
<br />payable by virtue of such loss or damage, or of canceling this Contract and receiving return of the deposit(s).
<br />P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at
<br />Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be
<br />held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Sellers title is rendered unmarketable, through no
<br />fault of Buyer, Buyer shall, within the 5 -day period, notify Seller in writing of the detect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails
<br />to timely cure the defect, all deposits) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment,
<br />Buyer shall return the Personal Property, vacate the Real Properly and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for
<br />refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of
<br />sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing.
<br />and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that
<br />it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer- mortgagor. The escrow and closing procedure required by this Standard shall be
<br />v:aived it the title agent insures adverse mailers pursuant to Section 627.7841, F.S., as amended.
<br />0. ESCROW: Any escrow agent ( "Agent') receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to
<br />clearance. disburse them in accordance with terms and conditions of this Contract. Failure of funds to clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities
<br />under the provisions of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement
<br />of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all
<br />parties concerned of such action. all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real
<br />estate broker. Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder,
<br />or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of
<br />the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or
<br />Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent.
<br />R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation, which, for purposes of
<br />this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the
<br />non - prevailing party reasonable attorney's fees, costs and expenses.
<br />S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to
<br />be paid. may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any
<br />claims: whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, at Sellers option, may proceed in equity to enforce Seller's rights under this Contract.
<br />11 for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller faits, neglects or refuses to perform this Contract, the Buyer may seek specific
<br />performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
<br />T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to
<br />the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for
<br />any party shall be as effective as if given by or to that party.
<br />U. CONVEYANCE: Seller shall convey title to the Real Properly by statutory warranty. trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject
<br />only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the request of the Buyer, be transferred by an absolute bill of sale with warranty
<br />of title. subject only to such matters as may be otherwise provided for herein.
<br />V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in this
<br />Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
<br />W. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been
<br />dicclosecWo Buyer.
<br />- COPYRIGHT 095 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORse'
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