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R-2012-063 - Executed a Residential Contract for Sale & Purchase with Lyne Simard to Purchase Surplus Property at 5180 SW 26 Avenue
RESOLUTION NO. 2012-063 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RESIDENTIAL CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND LYNE SIMARD TO ALLOW LYNE SIMARD TO PURCHASE SURPLUS PROPERTY LOCATED AT 5180 SW 26TH AVENUE IN DANIA BEACH, FLORIDA; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission determined that a number of parcels owned by the City were surplus and such parcels were formally declared to be surplus, pursuant to Resolution No. 2012-037 adopted on March 27, 2012; and WHEREAS, the City Commission held a lottery that selected at random real estate brokers to represent the City in the sale of the surplus properties at the March 27, 2012 meeting, and the broker then listed on the Multiple Listing System (MLS) the advertisement of the public sale of these surplus properties; and WHEREAS, an offer has been made to acquire one of the parcels as evidenced by a Residential Contract for Sale and Purchase, attached as Exhibit"A", which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the offer meets the appraised value of the property, which was provided by exhibit to the City Commission on March 27, 2012; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a Residential Contract for Sale and Purchase between the City and Lyne Simard to allow Lyne Simard to purchase surplus property owned by the City and located at 5180 SW 26th Avenue in Dania Beach, Florida. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Residential Contract for Sale and Purchase as are deemed necessary and proper for the best interests of the City. Section 3. That all Resolutions or parts of Resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 22, 2012. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR *�ps FI APPROVED AS T)q FO AND CORRECTNESS: THO AS J. SRO CITY ATTORNEY , 2 RESOLUTION#2012-063 "AS 1S" Residential Contract For Sale And Purchase THI$FORI14 HAS BEEN APPROVED BY THE PLORIDA REALTORS AND THE FLORIDA BAR � � �Flor� �i?altt't S�1• PARTIES: City of Dania Beach 2* and L e Sivwrd (°Seller 7, 3 agree that Geller shall sell aril Buyer ehAll buy the following desr:ribed Real Property and Pere na { Property (aotlectivaly "Property'} pursuant to the terms and conditions of this AS iS Residential Contract For Sale a And Purchase and any riders and addenda ("Contract"): e I., PROPERTY DE3CRIPTION: 7* (a)Street address,city,Zip: 5180 S.W. 26e Ave, Dania Be 'Florida 33312 s' (b Property is located in: BrowaXd Counnttyv FI�r�dda a Pro rtvTa No: sa42321y0os0 (C�Legal description of the Real Property; on Silb rN0 l �9- ' $ ot:s - ro• HI.1C1 together w€th all existing improvements and fixtures, including built-in appliances, built-in furnishings And 12 attached wall-to-wall carpeting and flooring('Real Property")unless spedfica11y excluded below, 19 (d)Personal Property: The following items owned by Seller and ex€sdng on the Property as of the date tied�the initial offer are included in the purchase ("Personal Property"): (i) range(s)/oven(s), dishwasher(s), pose!, ceiling fan(s), intercom, light fixtures, rods, draperies and other window treatments, garage door 1s openers, and security gate and other access devices; and (f) those additional Items checked below. if 17' additional details are necessary,specify below. If left blank,the item below is not included: ❑Refrigerator(s) Smoke deteotor(s) ®Pool barrier/fence �J ®Security System ®Storage shad Microwave oven lug WasWi �P°°I equipment ❑'ry sntenne/satelfite dish Washer ® ndaw/wall a/c X Pool heater 113 water softener/purifier Dryor C]Generator C]Spa or hot tub with heater 0$tvrm shutters and ❑Stand-alone ice maker ❑Above ground pool panels 19 The only other items of Personal Property included in this purchase, and any additional details regarding 10, personal Property, if necessary,are;Kitchen bountern 2m 21 Personal Property is included in the Purchase Price,has no contributory value,and shall be left for the Buyer. 2? (e)The following Hems are excluded from the purchase: 230 24• 2. PURCHASE PRICE (U.S. Currency):......................................................................... $ s$,o00.00 26' (2)Initial deposit to be held In escrow in the amount of(checks subject to COLLECTION) 26 The initial deposit made payable and delivered to"Escrow Agent"named below ^—" zr (CHECK ONE):&accompanies offer or❑Is to be made upon acceptance(Effective Date) 26' or L7 is to be made within (If blank,then 3)days after Effective Date 29' Escrow Agent information: Name: aict,alla a. Trea, Atton= at Law 30• Address:1133 $,g. 4th Ave, Bt.Lauderdnle 1►1 23316 Phone: 954 467 6721 31. E-mail; NichelleTreaGisellsouth.ast Fax: 954 467 1511 32* (b)Additlonal deposit to be delivered to Escrow Agent within (if blank,then 3) 33• days after Effective Date...:................................................................. 34 (All deposits paid or agreed to be paid,are collectively referred to as the"Deposit") a6• (c)Financing:Express 03 a dollar amount or percentage("Loan Amount°)see Paragraph 8-........ so* (d)Other: $ 37 (e)Balance to dose(not including Buyer's closing costs,prepa€ds and prorations)by wire as* transfer or other COLLECTED funds. $ 58000.00 39 NOTE:For the definition of"COLLECTION"or eCOLLECTED"see STANDARO S. 4o 3. TIME FOR ACCEPTANCE OF OFFER ANP COUNTER-OFFERS;EFFECTIVE DATE; 41• (a)If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before 42• 05/20/12 ,this offer shall be deemed withdrawn and the Deposit, if any, will be returned to Buyer. 43 Unless otherwise stated, time far acceptance of any counter-offers shaft be within 2 days after the day tho 44 counter-offer is delivered. 45 (b)The effective date of this Contract will be the date when the last one of the Buyer and Seller has signed or 43 initialed this offer or final counter-offer("Effective Date"). 47 4- CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur 48 and the closing documents required to be ni ed by each party pursuant to this Contract shall be delivered 49* ("Closing")on sTtl ("Closing[late%at the time established b e Closing Agent. Buyers Initials � sa� P g 7 Ono Seller's Initials F7oridaRealtorsJFio r-ASrSrf Rev.8110 m ZOt q FWrida Realtors4p d The Florida Bar. All fights reserved. TLia software is 3icansed to (Nicola m.J. Tilso�n - B8 MAX Premier Aaaaaiatesi W".traasactiondask.can. 64Y X ao 5. EXTENSION OF CLOSING DATE: a1 (a)If Closing funds from Buyer's lender(s)are not available at time of Closing due to Truth In Lending Act(TILA) 52 notice requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, 53 not to exceed 7 days. 64 (b)If extreme weather or other condition or event 00n$lulling "Force Majeure" (sap STANDARD 0) cau3es: 00 (1) disruption of utilities or other services essential for Closing, or (il) Hazard, Wind, Flood or Homeowners' 50 Insurance, to become unavailable prior to Closing, Closing will be extended a reasonable time up to 3 days 67 after restoration of utilities and other services essential to Closing,and availability of applicable Hazard,Wind, H Flood or Homeowners' insurance.if restoration of such utilities or services and availability of insurance has not 62' occurred within Of left blank, 14) days after Closing Date, then either party may terminate this so Contract by delivering written notice to the other party, and Buyer shall be refunded the Deposit, thereby al releasing Buyer and Seller from all further obligations under this Contract_ s2 6. OCCUPANCY AND POSSESSION: Unless otherwise stated herein, Seller shall at Closing, have removed all 03 personal items and trash from the Property and shall deliver occupancy and possession, along with all keys, e4 garage door openers, aw*ss devices and codes, as applicable,to Buyer. If Property is intended to be rented or as occupied beyond Closing, the fact and terns thereof and the tenant(*) or occupants shall be disclosed pursuant ss to STANDARD D.If occupancy is to be delivered before Closing,Buyer assumes all risks of loss to property from 67 date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have ss accepted Property In its existing condition as of time of taking occupancy. or 7. ASSIGNABiL1TY: (CHECK ONE) Buyer ❑ may assign and thereby be released from any further liability 70. under this Contract; IIM may assign but not be released from Ilablilty under this Contract; or ❑ may not assign 71 this Contract. Tz FINANCING 73 &FINANCING. T4' (a)Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing 76 contingency to Buyer's obligation to close. 76• ❑(b)This Contract is contingent upon Buyer obtaining a written loan commitment for a❑ conventional❑ FHA 77- ❑ VA loan on the following terns within (if blank, then 30) days after Effective Date ("Loan 78* Commitment Date) for,•(CHECK ONE): ❑ fixed, ❑ adjustable, ❑ fixed or adjustable rate loan in 7V the principal amount of$ or _ %of the Purchase Price, at an Initial Interest rate soy not to exceed % (if blank, then prevailing rate based upon Buyer's creditworthiness), and for a 81• term of years(`Financing'}. ar Buyer will make mortgage loan application for the Financing within (if blank, then 5) days after 03 Effective Date and use good faith and diligent effort to obtain a written loan commitment for the Financing s4 ("Loan Commitment") and close this Contract, Buyer shall keep Seller and Brokar fully informed ebout es the status of mortgage loan application and Loan Commitment and authorizes Buyer's mortgage broker and Be Buyers lender to disclose such status and progress to Seller and Broker. 07 if Buyer does not receive loan Commitment, then Buyer may terminate this Contract by delivering written as notice to Selisr, and the Deposit shall be rerunded to Buyer, thereby releasing Buyer and Seller from all ss further obligations under this Contract. 90 If Buyer does not deliver written notice to Seller of receipt of Loan Commitment or Buyer's written walver of 91 this financing contingency, then after Loan Commitment Date Seiler may terminate this Contract by 02 delivering written notice to Buyer and the Deposit shah be refunded to Buyer,thereby releasing Buyer and 93 Seller from all further obligations under this Contract, 94 If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not 95 thereafter close, the Deposit shall be paid to Seller unless failure-to dose Is due to: (1) Seiler's default; 90 (2) Property related conditions of the Loan Commitment have not been met(except when such owditions 97 are waived by other provisions of this Contract);(3)appraisal of the Property obtained by Buyer's lender is go inaufficient to meet terms of the Loan Commitment;or(4)the loan Is not funded due to financial failure of 99 Buyer's lender, in which event(s)the Deposit shall ba returned to Buyer,thereby releasing Buyer and Seller 100 from all further obligations under this Contract. 1016 M(a)Assumption of existing mortgage(see rider for terms). 102• p(d)Purchase money note and mortgage to Seller(see riders;addenda;or special clauses for terms). Buyers Initials Page 2 of 10 ssitees initials FrvridaReaiton ffl ear-A51S-1 rtev.QnQ m 2010 Florida RealtorW aril The Frauds Bar. Ail rights reserved. Thl* software is licetsaod to (111001e H-7. Tilson - RB/DMX Premier kosoct%tea) www.teaaeacticmdaak,com, J ,�' 'l` �w� O 103 CLOSING COSTS,FEES AND CHARGES 1o4 9. CLOSING COSTS;TITLE INSURANCE;SURVEY;HOME WARRANTY;; SPECIAL ASSESSMENTS: iW (a)COSTS TO B9 PAID BY BELL iZ: •Documentary stamp taxes and surtax on deed,if any •HOA1Condominium Association estoppel fees •Owner's Policy and Charges(if Paragraph 9(c)(i)is checked) •Recording and other fees needed to care Title •Title search charges(If Paragraph 9(c)(Iii)is checked)•Other: •S211ar's attorneys'Ease 10e If, prior to Closing, Seller is unable to meet the AS IS Malntenance Requirement as required by Paragraph 11 ear a sum equal to 1250/0 of estimated cost to meet the AS IS Maintenance Requirement shall be escrowed e 108 Closing, If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount t , Seller shad 109 pay such actual costs_Any unused portion of escrowed amount shall be returned to Seller. 110• (b)COSTS TO BE PAID BY BUYER: •Taxes and recording fees on notes and mortgages •Loan expenses •Recording fees for deed and financing statements •Appraisal fees •Owner's Policy and Charges(if Paragraph 0(c)(I)is checked) •Buyer's Inspections •Survey(and elevation c"ficafion,If required) •Buyer's attorneys'fees •.Lender's title policy and endorsements •All property related insurance •HOA/Condominium Association application/transfer fees •Other RB Due Diligence COordivatloa serviC&S 111• (c)TITLE EVIDENCE AND iNSURANCE; At least (if blank, then 5) days prior to Closing Date, a title 112 insurance commitment issued by a Florida licensed-fide Insurer, with legible copies of instruments listed as 113 exceptions attached thereto ("Title Commitment') and, after Closing, an owner's policy of title insurance (see 714 STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's poll of title 113 insurance covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after lie Effective Date, The owner's title policy premium and changes for owners policy endorsements, title search, 117 and dosing services (collectively, "Owner's Policy and Charges') shall be paid, as set forth below lie (CHECK ONE): 119• ❑ (i)Seller will designate Closing Agent and pay for Owners Policy and Charges(but not including charges 120 for closing services related to Buyer's lender's policy and endorsements and loan closing, which amounts 121 shall be paid by Buyer to Closing Agent or such other provider(s)as Buyer may select);or 122• ® (ii) Buyer will designate Closing Agent and pay for Owner's Policy and Charges and charges for closing 123 services related to Buyers lenders policy, endorsements,and loan closing;or 12d" ❑(iii)[MIAMI-DADEISROWARD REGIONAL PROVISION):Seller will furnish a copy of a prior owner's pollcy 12e of title insurance or other evidence of title and pay fees for. (A)a continuation or update of such title evidence, 120 which is acceptable to Buyer's title insurance underwriter for reissue of Coverage; (B) tax search; and 127 (C) municipal lien search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's 128 owner's policy, and If applicable, Buyer's lenders policy. Seller shall not be obligated to pay more than 1296 $ (if blank, $200.00)for abstract continuation or title search ordered or performed by Closing 139 Agent 131 (d)SURVEY:At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed 132 and certified by a registered Florida surveyor("Survey"). If Seller has a survey covering the Roal Property, a 133 copy shall be fumished to Buyer and Closing Agent within 5 days after Effective Date, 134• (e)HOME WARRANTY:At Closing, L] Buyer ❑ Seller ® N/A will pay for a home warranty plan issued by 135• at a cost not to exceed$ A home Ise warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in tar appliances In the event of breakdown due to normal wear and tear during the agreement's warranty period. 138 (f) SPECIAL ASSESSMENTS: At Closing, Seller will pay; (i) the full amount of liens Imposed by a public body 139 ("public body does not Include a Condominium or Homeowner's Association)that are certified,confirmed and 140 ratified before Closing; and (if) the amount of the public body's most recent estimate or assessment for an 141 improvement which Is substantially complete as of !Affective Data, but that has not resulted in a lien being 142 imposed on the Property before Closing. Buyer will pay all other assessments, If special assessments may 143 be paid In Installments(CHECK ONE): 140 ® (a) Seller shall pay Installments due prior to Closing and Buyer shall pay Installments due after 145 Closing.Installments prepaid or due for the year of Closing shall be prorated. 146• ❑ (b) Seller shall Pay the assessments)In full prior to or at the time of Closing. 147 IF NEITHER BOX IS CHECKED,THEN OPTION(a)SHALL HE DEEMED SELECTED. 148 This Paragraph g(f) shall not apply to a special benefit tax lien Imposed by a community development district 149 (ODD)pursuant to Chapter 190 F.S.which lien shall be treated as an ad valorem tax and prorated pursuant to 150 STANDARD K. Buyer's initials Page 3 of 10 Seller's initials FlorldaRealtors/FlondaBarAS S-1 Rev�Florltla RealtarSS and The Florida Bar. All rlghto reaerved. — TUN software is liceamed to Micole N.J. xilson - is/timx Prsj*iGr Associatea) wwx.txaasnationdesk.c=. f g 161 DISCLOSURES 152 10, DISCLOSURES: 153 (a)RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in isa sufficient quantities,may present health risks to persons who are exposed to it over time,Leveis of radon that is$ exceed federal and state guidelines have been found in buildings in Florida.Additional information regarding IN radon and radon testing may be Obtained from your COUnty health department. 157 (b)PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer In a written disclosure, 158 Seller does not know of any improvements made to the Property which were made without required 15e permits or made pursuant to permits which have not been properly closed. 1Bo (c)MOLD:Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 1e1 desires additional information regarding mold,Buyer should contact an appropriate professional. IN (d)FLOOD ZONE, ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood 1a3 zone the Property is in, whether flood insurance Is required by Buyer's lender, and what restrictions apply to lea improving the Property and rebuilding in the event of casualty, if Property Is In a"special Flood Hazard Area" 1e6 or "Coastal High Hazard Area' and finished floor elevation is below minimum flood elevation, Buyer may 155 terminate this Contract by delivering written notice to Seller within 20 days after If ve Data, failing which 167 Buyer accepts existing elevation of buildings and flood zone designation of Property, I" (e)ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure lag required by Section 553.996,F.S, 170 (f} LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint rider is 171 mandatory. 172 (9)HOMEOWNERS' ASSOCiATIOi (COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 173 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 174 ASSOCIATION/COMMUNITY DISCLOSURE,IF APPLICABLE, 175 (h)PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 1713 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED 177 TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY 170 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 179 PROPERTY TAXES. iF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 100 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 1a1 (1) TAX WITHHOLDING;If Seller is a`foreign person'as defined by the Foreign Investment in Real Property Tax 10 Act("FIRPTA' ,Buyer and Seller will comply with FIRPTA,which may require Seller to provide additional cash 193 at G)osfng, iea Re DOES 1s5 U not readily obse have not been disclosed to Buyer.Except as sta ng sentence N 6-1— an or otherwise disclosed in writing: { r al notice from any governmental 167 entity or agency as to a curren un g, env r code violation; sod(2) Boller lee extends and Int and makes no representation of any type, either ex as to the X 160 _ ..,, dE�c. 190 PROPERTY MAINTENANCE,CONDITION,INSPECTIONS AND EXAMINATIONS 121 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the 192 Property, including, but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date iO3 ("AS iS Maintenance Requirementi. tat 12. PROPERTY INSPECTION;RIGHT TO CANCEL: last (a)PROPERTY INSPECTIONS AND R1GHr TO CANCEL:Buyer shall have (if blank, 76) days from 10 Effective Date("Inspection Period")within which to have such inspections of the Property performed 197 as Buyer shaft desire during the Inspection Period.!f Buyer determines,In Buyer's sole discretion,that 19e the Property is not acceptable to Buyer,Buyer may terminate ihla Contract by delivering written notice 199 of such election to Seller prior to expiration of Inspection Period. !f Buyer timely terrulneW this 2M Contract, the Deposit paid shall be Immediately returned to Buyer, thereupon, Buyer and Seller shall 201 be released of all further obllgatlons under this Contract, however, Buyer shall be responsible for 202 prompt payment for such Inspections, for repair of damage to, and restoration of, the Property 2N3 resulting from such inspections, and shall provide $oiler with paid receipts for all work done on file 204 Property(th8 preceding provision shall survive termination of this Contract). Unless Buyer exercises sos the fight to terminate granted herein, Buyer accepts the physical condltlon of the Property and any .Ne vlolatlon of governmental,building,environmental,and safety codes,restrictions,or requirements,but 207 ,subject to Seller's continuing AS 1S Maintenances Requlremen4 and Buyer shall be responsible for any Zoe and all repairs and Improvements required by Buyer's lender. 9uyers Initials O rL d/1i" ^D l t]� Page 4 of 10 Seller's Initials -� Fioridafieako(Oloridaear-ASISA Riv-.B 1� lNti48�Reallorse and The Florida 88r. All fJ9htS reSErvpd. This aaftwara is lioeased to !Nicole bt.d. Tileon . REIRM Premier Associates] www.traa&aCtiandeak.oam, MrO 2W (b)WALK-THROUGH INSPECTIONIRE-INSPECTION:On the day prior to Closing Date,or on Closing Date prior 210 to time Of Closing, as specified by Buyer, Buyer or Buyers representative may perform a walk-through (and 211 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 212 Property are on the Property and to verify that Seller has maintained the Property as required by the As 1S 213 Maintenance Requirement and has met all other contractual obligations, 214 215 lnspes3tlon of t pad�Identifies open or needed building permits, then Seller shall el ver to b6 65 216 Buyer all plans, written doc n n or other information in Sellers po nowledge, or control N OT" 2n relating to improvements to the J]rope �vMch the subject n or needed Permits, and shallLy 214 promptly cooperate in good faith with Buyer's effo mates of repairs or other work necessary to 210 resolve such Permit issues, Sellers SYUyatf cooperate shaiinm�i eller's exectAon of necessary M authorizations, consents �y,other-q'ocuments necessary for Buyer to conduct Ins nd have estimates 2z1 of such re prepared, but In fulfllling such obligation, Seller shall not be requtr and, or S 242 223 (d)ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyers option and sea cost, Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties 226 to Buyer, =a ESCROW AGENT AND BROKER 227 13. ESCROW AGENT:Any Closing Agent or Escrow Agent(collectively'Agent") recelviog the Deposit, other funds 228 and other Items is authorized,and agrees by acceptance of them,to deposit them promptly, hold same in escrow 229 within the State of Florida and, subject to COLLECTION,disburse them In accordance with terms and conditions 230 of this Contract. Failure of funds to become COLLECTED shall not excuse Buyer's performance,When conflicting 231 demands for the Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent 232 may take such actions permitted by this Paragraph 13,as Agent deems advisable,If in doubt as to Agent's duties 233 or liabilities under this Contract,Agent may, at Agent's option, continue to hold the subject matter of the escrow 234 until the parties agree to its disbursement or until a final judgment of a court of competent jurisdiction shall 235 determine the rights of the parties,or Agent may deposit same with the clerk of the circuit court having jurisdiction 23s of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such 237 action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, 23s except to the extent of accountlng for any Items previously delivered out of escrow. If a licensed real estate 230 broker, Agent will comply with provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve U0 escrow disputes through mediation, arbitration, interpleader or an escrow disbursement order. 241 Any proceeding between Buyer and Seller wherein Agent Is made a party because of acting as Agent hereunder, 242 or in any proceeding where Agent Irderpleads the subject matter of the escrow,Agent shall recover reasonable 243 attomey's fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent, 2" Agent shall not be liable to any party or person for mis-delivery of any escrowed items,unless such mis-delivery is zee due to Agent's willful breach of this Contract or Agent's gross negligence,This Paragraph 13 shall survive Closing 245 or termination of this Contract. 247 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, 245 square footage,and all other facts and representations made pursuant to this Contract and to consult appropriate 240 professionals for legal,tax,environmental,and other specialized advice concerning matters affecting the Property 250 and the transaction contemplated by this Contract. Broker represents to Buyer that Broker does not reside on tree 251 Property and that all representations(oral,written or otherwise)by Broker are based on Seller representations or 252 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 253 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND tea FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, 255 WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually, the "Indemnifying Party") each 2% individually Indemnifies, hobs harmless, and releases Broker and Brokers officers, directors, agents and zsr employees from all liability for loss or damage, including all costs and expenses, and reasonable attorney's fees 2M at all levels, suffered or incurred by Broker and Broker's officers, directors, agents and employees in connection zw with or arising from claims, demands or causes of action instituted by Buyer or Seller based on: (1)inaccuracy of 280 information provided by the Indemnifying Party or from public records; (ll) indemnifying Party's mlastatament(s)or 261 failure to perform contractual obligations; (ill) Broker's performance, at Indemnifying Party's request, of any task 202 beyond the scope of services regulated by Chapter 475, F.S., as amended, including Brokers referral, 263 recommendation or retention of any vendor for, or on behalf of, Indemnifying Party; (Iv) products or services 264 provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses Incurred by any such 205 vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective vendors 206 and paying their other costs tinder this Contract whether or not this transaction closes,This Ps3.r2graph 14 will not ter relleve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14, euyaesa Initials larl 0�CJ Q oZlJ/c�-- Pape 5 of SO Seller's Initials FloddaReafroraff Bar-A813-1 Rev.M0 012010 Florida Realtore6 and The Florida Bar. All rights reeerved. This aoltware is licensed to [Nicole N.J. Tilsoa - R8/?tA1C Prvmior Asavaistva] www,traoeaatiaodeak.ccm. / > ot'MS 2sa Broker will be treated as a party to this Contract This Paragraph 14 shall survive Closing or termination of this 269 Contract. 270 DEFAULT AND DISPUTE RESOLUTION 271 16.DEFAULT: y 272 (a)BUYER DEFAULT: if Buyer fails, neglects or refuses to perform auyees obligations under thin Contract, 2" Including payment of the Deposit, within the times) specified. Seller may elect to recover and rafa!A tho 2:74 Deposit for the account of Seller as agreed upon liquidated damages, COnsideradon for execution of this 275 Contract, and in full settlement of any claims, whereupon Buyer and Seller shall In relieved from all fu rther 276 obligations under this Contract, or Seller, at Seller's option,may,pursuant to Paragraph 16, proceed in equity 2" to enforce S@iler's rights under this Contract. The portion of the Deposit, if any, pa7d to Listing Broker upon Vo default by Buyer, shall be split equally between Listing Broker and Cooperating Broker; provided however, xre Cooperating Broker's share shall not be greater than the commission amount Listing Broker had agreed to pay 280 to Cooperating Broker. 281 (b)SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after 252 reasonable diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, 283 Buyer may elect to receive return of Buyer's Deposit without thereby waiving any action for damages resulting 2a4 from Seller's breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific gas performance.This Paragraph 15 shall survive Closing or termination of this Contract. Rw 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters In question between Buyer and 287 Seller arising out of, or relating to, this Contract or its bread,, enforcement or interpretation ("Dispute") will be Na settled as follows: sag (a)Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 299 resolve such Dispute, failing which. Buyer and Seller shall submit such Dispute to mediation under 291 Paragraph 16(b). 292 (b)Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 293 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the"Mediation Rules'). 294 The mediator must be certified or must have experience In the real estate industry. Injunctive relief may be 205 sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 206 may be resolved by instituting action In the appropriate court having jurisdiction of the matter.This Paragraph 16 297 shall survive Closing or termination of this Contract, 299 17,ATTORNEY'S FEES; COSTS:The parties will spilt equally any mediation fee incurred in any mediation permitted 299 by this Contract,and each party will pay their own costs, expenses and fees, including attorney's fees,incurred in sou conducting the mediation. In any litigation permitted by this Contract, the prevailing patty shall be entitled to 301 recover from the non-prevailing party costs and fees,including reasonable attorney's fees, incurred in conducting 302 the litigation.This Paragraph 17 shalt survive Closing or termination of this Contract, 3W STANDARDS FOR REAL ESTATE~TRANSACTIONS("STANDARDS-) 304 18, STANDARDS: 3os A. TITLE: xa (1) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in 307 Paragraph 9(c), the Title Commitment,with legible copies of instruments listed as exceptions attached thereto, shall 3o9 be issued and delivered to Buyer.The Title Commitment shall set forth those matters to be discharged by Seller at or 3w before Closing and shall,pmvlda that, upon recording of the deed to Buyer, an owner's policy of title insurance In the 310 amount of the Purchase Price, shall be issued to Buyer insuring Buyer's marketable title to the Real Property, 311 subject only to the following matters; (a) comprehensive land use plans, Zoning, and other land use restrictions, 312 prohibitions and requirements imposed by governmental authority; (b)restrictions and matters appearing on the Plat 313 or otherwise common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; 314 (d)unplatted public utility easements of record(located Contiguous to real property lines and not more than 10 feet in 315 width as to rear or front lines and 7 112 feet In width as to aide lines); (e)taxes for year of Closing and subsequent sis years; and (f) assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); 317 provided, that none prevent use of the Property for RESIDENTIAL PURPOSES. If there exists at Closing any 31a violation of items Identified in (b)- (t)above, then the same shall be deemed a title defect. Marketable title shall be Sic determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with 320 raw. 3s+ (li) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify 2 Seller in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it 323 Is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after 324 date of receipt to examine same in accordance with this STANDARD A. Seller shall have*30 days ("Cure Period') 326 after receipt of Buyer's notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, 32s Buyer shell be deemed to have accepted title as it then is. If Seller cures defects within C re Period, Seller will Buyer's Initials 'r�/e D D o/a Page g of to Sally's Initials FloridaReailors/Fl aBa Rev.d(10 gi 2010 Florida RealtorsS and The Flordda Bar. An rights hts reserved This software is licensed to Diricol• N.J. Tilaon - RE/xu Premier Asseeiat*vi www.trsr2pkotionde,3k.com. lgga 327 STANDARD$FOR REAL_ESTATE TRANSACTIONS(CONTINUED) 326 deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attorney) and the parties will 3n dose this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of Seller's 3w notice), If Seller Is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of am Cure Period, deliver written notice to Seller: (a)extending Cure Period for a specified period not to exceed 120 days an within which Seller shall continue to use reasonable diligent effort to remove or cure the defects ("Extended Cura 3w Period');or(b)electing to accept title with existing defects and close this Contract on Closing Dale(or If Closing Date 334 has passed, within the earlier of 10 days after end of Extended Cure Period or Buyer's receipt of Seller's notice), or 330 (c) electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from an all further obligations under this Contract. If after reasonable diligent effort, Seller is unable to timely cure defects, 337 and Buyer does not waive the defects,this Contract shall terminate,and Buyer shall receive a refund of the Deposit, am thereby releasing Buyer and Seller from all further obligations under this Contract $ae B, SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon Sao encroach on setback lines, easements, or lands of others; or violate any restrictions, covenants, or applicable 341 governmental regulations described In STANDARD A(!)(a), (b)or(d)above, Buyer shall deliver written notice of such 34z matters, together with a copy of Survey, to Seller within S days after Buyer's receipt of Survey, but no later than 343 Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey 3a4 shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior a45 survey, Seller shall, at Buyer's request, execute an affidavit of "no change' to the Real Property since the 340 preparation of such prior survey,to the extent the affirmations therein are true and correct 347 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and We to aaa the Real Property Is insurable In accordance with STANDARD A without exception for lack of legal right of access, a49 D. LEASES: Seller shall, within 5 days after Inspection Period, furnish to Buyer copies of all written leases and am estoppel letters from each tenant specifying nature and duration of tenant's occupancy, rental rates, advanced rent 351 and security deposits paid by tenant, and income and expense statements for preceding 12 months ('Lease 3es Information', if Seller is unable to obtain estoppel letters from tenant(s), the same Information shall be furnished by 3s3 Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant(s) 3s4 to confirm such Information. If terms or the lease(s) differ materially from Sellers representations, Buyer may deliver sea written notice to Seller within 5 days after receipt of Lease Information, but no later than 5 days prior to Closing 35a Date, terminating this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 357 further obligations under this Contract. Seller shall, at Closing, deliver and assign all original leases to Buyer who 3w shall assume Seller's obligation thereunder. ass E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting; (i) to the absence of any financing 360 statement, Claims of lien or potential Ilenors known to Seller,and(t)that there have been no improvements or repairs 361 to the Real Property for 90 days immediately preceding Closing Date. If the Real Property has been improved or w2 repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general 3w Contractors, subcontractors, suppliers and materialmen In addition to Seller's lien affidavit setting forth names of all w4 such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for 355 improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid 3c6 or will be paid at Closing. 3e7 F. TIME! Calendar days shall be used In computing time periods. Any time periods provided for In this Contract 35s which shall end on a Saturday, Sunday, or a national legal holiday (see 5 U,S.C. 6103) shall extend to 5:00 p.m. 3ae (where the Property is located)of the next business day.Time Is of the essence in this Contract. 37o G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be 371 liable to each other for damages so long as performance or non-performance of the obligation is delayed,caused or 372 prevented by Force Majeure, "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual 373 transportation delays, wars, Insurrections, acts of terrorism, and any other cause not reasonably within control of 374 Buyer or Seller,and which, by exercise of reasonabledillgent effort,the non-performing party is unable In whole or In ors part to prevent or overcome. wl time periods, including Closing Date,will be extended for the period that the Force 37e Majeure prevents performance under this Contract, provided, however, if such Force Majeure continues to prevent 3" performance under this Contract more than 14 days beyond Closing Date, then either party may terminate this 37s Contract by delivering written notice to the other and the Deposit shall be refunded to Buyer,thereby releasing Buyer 379 and Seller from all ftirther obligations under this Contract. 390 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, 381 personal representative's, or guardian's deed,as appropriate to the status of Seller, subject only to matters described 382 in STANDARD A and those accepted by Buyer, Personal Property shall, at request of Buyer, be transferred by Sea absolute bill of sale with warranty of alle,subject only to such matters as may be provided for In this Contract. M 1. CLOSING LOCATION;DOCUMENTS;AND PROCEDURE: 3a5 (i) LOCATION: Closing will take place In the county where the Real Property is located at the office of the m attorney or other closing agent("Closing Agent") designated by the party paying tOr In owners policy or title Buyer's initials G7 �l��c> i/ Ps©@ 7 of 10 Seller's Initlals FloridaRealtors/Fi daBar.ASIS-1 Rev.6/10 0 2010 Florida FteaNpra and The Florida Bar. All rights resarved. This sottware is liceagad to rNioole ls.J. Tilsoo - p mAz premier Aeeoaiates] wwar,tr¢np�,ctioadcek.vvm. jp3> W77W 387 STANDARDS FOR REAL ESTATE TRANSACTIONS(CONTINUED) sea insurance,or, if no title insurance,designated by Seller. Closing may be conducted by mall or electronic means. Sae (11) CLOSING DOCUMENTS: At Closing, Seller shall furnish and pay for, as applicable, deed, bill of sale, sso certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leases, and corrective ae1 instruments, Seller shall provide Buyer with paid receipts for all work done an the Property pursuant to this Contract. 392 Buyer shall furnish and pay for, as applicable, mortgage, mortgage note. security agreement, financing statements. 393 survey,base elevation certification,and other documents required by Buyer's lender. sea (Ili) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title ass Commitment provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the ass escrow closing procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to sw COLLECTION of all closing funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to 390 Seller. 399 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide 400 for Insurance against adverse matters as permitted under Section 627.7841, F.B., es amended,the following escrow 4o1 and closing procedures shall apply; (1)all Closing proceeds shall be held in escrow by the Closing Agent for a period cos of riot more than 10 days after Closing; (2) if Seller's tide is rendered unmarketable, through no fault of Buyer, Buyer 4o3 shall,within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt 404 of such notification to cure the defect; (3) if Seller falls to dme[y cure the defect, the Deposit and all Closing funds 405 paid by Buyer shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with 400 such repayment, Buyer shall return the Personal Property, vacate the Real Property and re-convey the Property to 407 Seller by special warranty deed and bill of sale; and (4) if Buyer falls to make timely demand for refund of the We Deposit, Buyer shall take title as is,waiving all rights against Seller as to any intervening defect except as may be 409 available to Buyer by virtue of warranties contained in the deed or bill of safe. 410 K. PRORATIONS; CREDITS; The following recurring items will be made current (if applicable) and prorated as of 411 the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date; real estate taxes 412 (including special benefit tax assessments imposed by a CDD), interest, bonds, a9soolation fees, insurance, rents 413 and other expenses of property. Buyer shall have option of taking over existing policies of insurance, if assumable, In 414 which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by 415 prorations to be made through day prior to Closing. Advance rent and security deposits, if any,will be credited to 416 Buyer. Escrow deposits held by Seller's mortgagee will be paid to Seller.Taxes shall be prorated based on current 417 year's tax with due allowance made for maximum allowable discount, homssteed and other exemptions. If Closing 41a occurs on a date when current year's millage is not fixed but current year's assessment is available, taxes will be 419 prorated based upon such assessment and prior years millage. if current year's assessment is not available, then ago taxes will be prorated on prior year's tax. If there are completed Improvements on the Real Property by January 1st of 421 year of Closing,which improvements were not in existence on January 1 st of prior year,then taxes shall be prorated 422 based upon prior year's millage and at an equitable assessment to be agreed upon between the parties,failing which, 423 request shall be made to the County Property Appraiser for an informal assessment taking into account available 424 exemptions. A tax proration based on an estimate shall, at wither party's request, be readjusted upon receipt of 425 current year's tax bill.This STANDARD K shall survive Closing. 42s L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller 427 shall, upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, 420 including a walk-through(or follow-up walk-through if,necessary)prior to Closing. 429 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property Is damaged by fire or other casualty 4w ("Casualty Loss") and cost of restoration (which shall include cost of pruning or removing damaged trees) does not 431 exceed 1.5% of Purchase Price, cost of restoration shall be air obligation of Seller and Closing shall proceed 432 pursuant to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% of estimated 423 cost to complete restoration (not to exceed 1.6% of Purchase Price), will be escrowed at Closing. If actual cost of 434 restoration exceeds escrowed amount, Seller shall pay such actual costs (but, not In excess of 1.6% of Purchase 43s Price). Any unused portion of escrowed amount shall be returned to Seller. If cost of restoration exceeds 1.5% of 4sa Purchase Price, Buyer shall elect to either take Property "as IS"together with the 1.50A, or receive a refund of the 43-1 Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation 439 with respect to tree damage by casualty or other natural occurrence shall be cost of pruning or removal. 439 N. 1031 EXCHANOE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with 440 Closing or deferred) under Section 1031 of the internal Revenue Code('Exchange"), the other party-shall cooperate 441 in all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, 441 cooperating party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent 443 upon, nor extended or delayed by,such Exchange. 444 Q. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any 44s notice of It shall be recorded In any public records, This Contract shall be binding on, and Inure to the benefit of, the a40 parties and their reS eCtive heirs or successors in interest, whenever the context permits,sInW shall Include plural Buyers Initials 1 %� a.? O .�. Page$of 10 Seller's Initials F1ondaRavRorVFIodda3ar-A5IS-1 Rev.6/10 0 2010 Florida 11e0as8 and The Florida Bar. AM rights reserved. rr� =0 *aftvarg 1a 110*ao*4 to [Nicol* K.J. Tiloon - AY/HAIL PX=iae Aaoociateal VW.transaetiondeak.eom. / ,� ,J& 447 STANDARDS FOR REAL ESTATE TRANSACTIONS(CONTINUED) 4o and one gender shall include all. Notice and delivery given by or to the attorney or broker(including such broker's real 440 estate licensee) representing any party shall be as effective as if given by or to that party. All notices must be in 460 writing and may be made by mail, personal delivery or electronic (including "pdf') media. A legible facsimile or 451 electronic(including"pdf")copy of this Contract and any signatures hereon shall be considered for all purposes as an 462 original. 461 P. INTEGRATION; MODIFICATION; This Contract contains the full and complete understanding and agreement 454 of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or ass representations shall be binding upon Buyer or Seller unless Included in this Contract. No modification to or change 4se In this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended 467 to be bound by it. 4w 0. WAIVER; Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this 469 Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or 400 rights. 401 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten 4e2 or handwritten provisions shall control all printed provislons of this Contract in conflict with them. 463 S, COLLECTION or COLLECTED:aCOLLECTIONn or aCOLLECTEDn mcano any cheoka tendered or received, 404 including Deposits,have become actually and finally collected and deposited in the account of Escrow Agent 4es or Closing AgeuL Closing and disbursement of funds and delivery of Closing documents may be delayed by 4ee Closing Agent until such amounts have been COLLECTED In Closing Agent's accounts. 467 T. LOAN COMMITMENT: "Loan Commitment" means a statement by the lender setting forth the terms and 46s conditions upon which the lender Is willing to make a particular mortgage loan to a particular borrower. 480 U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of 47o 1=lorida and venue for resolution of all disputes,whether by mediation,arbitration or litigation,shall lie in the county in 471 which the Real Property is located. 472 X. BUYER WAIVER OF CLAIMS: Buyer waives any ciefms against seiior and, to the extent pennitted by 47s law, against any real estate licensee involved In the negotiation of this Contract, for any defects or other 474 damage that may exist at Closing of this Contract and be subsequently discovered by the Buyer or anyone Ora claiming by, through,under or against the Buyer. 470 ADDENDA AND ADDITIONAL TERMS 477 19. ADDENDA; The following additional terms are included in the attached addenda and incorporated into this 470• Contract(Check If applicable): ❑A. Condominium Assn, []L. RESERVED ❑R.Rezoning Q Y. Seller's Attorney ❑B. Homeowners'Assn. ❑S. Lease Purchasel Approval ❑C. Seller Financing ❑M.Defective Drywall -Lease Option ®Z. Buyer's Attorney ❑D. Mortgage Assumption ❑ N.Coastal Construction ❑T. Pre-Closing Approval ❑E. FHANA Financing Control Line Occupancy ❑AA. Licensee-Personal ❑F. Appraisal Contingency 110.Insulation Disclosure ❑U. Post-Closing interest in Property ❑G.Short Sale P. Pre-1978 Housing Occupancy ©BB. Binding Arbitration ❑ H. Homeowners'Insurance Statement(Lead ❑V. Sale of Buyer's ❑ Other ❑ I. FIRPTA Based Paint) Property ❑J. Interest-Bearing Acct, ❑Q.Housing for Older ❑W,Back-up Contract ❑K. RESERVED Persons ❑X. Kick-out Clause 479. 20. ADDITIONAL TERMS:480- 481, "rA! OV ✓ / 484' 17'�- /j 4ss` o ( f� S f/ t r 484' r� Is �� 5 487• t ass• j/' rt ,/4 { � ►Qitl p4// / � GJ 489 490' 1"04 fro 491* 492 493' 1 f �^ r` 1 a tic 4 f 1 ! Buyer's Initials r���a�/`�o�a)~ Page 9 of it) Seller's initials� , FladdeRealtors/Flolda ar•ASIS-1 Rev.6/10 0 2010 Florida Realtors and The Florida Bar. All rights reserved. Thin aattvaze is 1icer3Qi4 tc [Nicole N.J. Tilpo4 - R8/MAX 7rea,ier Aaeociateat WWW.tZ&n8aQti021daak.00m, r 494 COUNTER-OFFER/REJECTION 496- p Seller counters Buyer's offer(to accept the counter-offer, Buyer must sign or initial the counter-offered terms and 49s deliver a copy of the acceptance to Seller). 497' p Seller rejects Buyer's offer. 49s THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.IF NOT FULLY UNDERSTOOD,SEEK T148 ADVICE Sag OF AN ATTORNEY PRIOR TO SIGNING. sm THIS FORM HAS BEEN APPROVED BY THE PLORIDA REALTORS AND THE FLORIDA SAR. soi Approval of this harm by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms soz and conditions in this Contract should be accepted by the patties in a particular transaction. Totals and conditions so3 should be negotiated based upon the tvspectrve interests, objectives and bargaining positions of a# interested so4 parsons. sm AN ASTERISK(*)FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO soe BE COMPLETED. 5v7• Buyer. �12r/ q�• L SimaY Date; d���/�'• or Buyer. Date: soa• Seller. ` /p [date: C (T'Y i►`\A0 At3 G(� sio• Seller: Date: 611 Buyer's address for purposes of notice Seller's address for purposes of notice 512. 4471 Rue Algred. La Baie, 100 West Dania Baaoh Blvd., 1513• Sagueri*y, Quebec, Canada a733 3V7 Dania Beach, Florida 33oo0 $14" his BROKER: Listing and Cooperating B►okem, if any,named below(collectively,"Broker"), are the only Brokers entitled me to compensation in connection with this Contract. Instruction to Closing Agent:Seller and Buyer direct Closing Agent 917 to disburse at Closing the full amount of the brokerage fees as specified In separate brokerage :is agreements with the parties and cooperative agreements between the Brokers, except to the extent Broker has sis retained such fees from the escrowed funds. This Contract shall not modify any MLS or other offer of compensation s2o made by Seller or Listing Broker to Cooperating Brokers. 621* Nicola N.J. Tileon, Min Broker-Asaociata David_ Campbell, Broker-Owner 522 Cooperating Sales Associate, if any Listing Sales Associate 623* R$/>I4M Premier Associates Exit: Realty T00A3r 624 Cooperating Broker,if any Listing Broker R'- Page loaf 10 FkvidaRsaltomfloddaftr-ASI8-1 Rev.6i10 9 2010 Florida RealtorcS and The Floelda Bar. All rights reserved. This software is licensed to (Nicole M.J. Tilson - Rz/mAx premier Associates) aww.eracaactiondesk.Com. /� 05/02/2012 WED 15:20 FAX_, ffOUL/001 ® Desjardins Caisse de La Baie Le 02 mai 2012 Madame Nicole Tilson 1-954756-7119 Dossier: Monsieur Gilles Lapointe Madame Lyne Simard 300 sentier Minier Saint-Fdlix-d'Qtis Madame, Dans le dossier mentioned en titre, noun ddsirons vows confirmer que Monsieur & Madame ddtiennent i notre institution les fonds n6cessaires pour Pachat do la propridtd sire au 5180 Sud- Guest 26e Avenue Dania Beach. Pour tout autre renseignement, n'hdsitez pas A eomnmuniquer aver, nous. ll nous fera plaisir de r6pondre A vos questions. WWII=agrder Madame,mes salutations distingudes. Agent services financiers a S12ge r ocial p Centre de services Part-AI(kd D Centre de scrvicea Grande-Bair, a Centre de services St-Mix-d'otis 361,rue Albert,La Bale 1262,6lirue Avow,U UL 30331 M#r Dufour,u Aaw 451,rue Prirwipaic,N't-reHx•d'Uta (Quulwc)G78 3LS (Quebec)WEI I R4 (Qu&oc)OB IE3 (Qublwe)COY I MO TEI.-.(418)544-736S T61.:(41A)144.736S Tel.i(+18)5i4-7365 T41.1(418)S44-7365 Talk.:(418)S44-01 92 Tklk.1(+IS)544-8809 TWc.:(418)S444123 UimL.-(419)$44-1752 DESJARDINS CAISSE de La Bale May 2, 2012 Ms. Nicole Tilson 1-954-756-7119 File: Mr. Gilles Lapointe Ms. Lyne Simard 300 Sentier Minier, St-Felix-d'Otis Ms., Regarding this above mentioned file, we wish to confirm to you that Mr. and Ms. are holding with our institution the necessary funds to purchase the property located at 5180 S.W. 26e Ave, Dania Beach. Please do not hesitate to contact us for further information. It will be our pleasure to assist you with any questions. Sincerely, Agathe Claveau Financial services agent Centre de services Port-Alfred 1262, 6e Ave, La Baie Quebec, Canada G7B iR4 Tel: 418 544 7365 Fax: 418 544 8809