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Seminole Rd at $68200-sales contract COPYRIGHTED H NORTHEAST FLORIDA ASSOCIATION S OF REA TORS®INC OF REALTOR® REALTOR® 1 / -Y JY '`0' ("BUYERJPURCHASER") 2 and cre;N✓ .4- 6oJ:/. ("SELLER"), 3 which terms may be singular or plural and include the successors, personal representatives and assigns of 4 BUYER and SELLER, hereby agree that SELLER will sell and BUYER will buy the following described property 5 with all improvements ("the Property"), upon the following terms and conditions and as completed or marked. In 6 any conflict of terms or conditions, that which is added will supersede that which is printed or marked. 7 PROPERTY DESCRIPTION: 8 (a) Street address, city, zip code: 1 .fin/ JZsstra✓m U .40 47-� a &�gt 6_ 31.2-31 9 (b) The Property is located in SOV.MA. County, Florida. Real Property Tax ID No: / 70 fit 000 0 10 (c) Legal description of the Real Property (if lengthy , attach legal description): 11 12 13 The Property will be conveyed by statutory general warranty deed, trustee's, personal representative's or 14 guardian's deed as appropriate to the status of SELLER (unless otherwise required herein), subject to current 15 taxes, existing zoning, recorded restrictive covenants governing the Property, and easements of record. Under 16 Florida law financing of the BUYER's principal residence requires BUYER and BUYER's spouse to sign the 17 mortgage(s). Under Florida law the sale of a principal residence requires SELLER's spouse to sign the deed 18 even if the spouse's name is not on SELLER's present deed. 19 1 . PURCHASE PRICE to be paid by BUYER is payable as follows: 20 (A) Binder deposit paid herewith, which will remain a binder until closing 21 unless sooner disbursed according to the provisions of this Agreement $ 22 (B) Binder deposit due within days after date of acceptance of this a 23 Agreement $ / 1feha 24 (C) Additional binder deposit due on or before or 25 days after date of acceptance of this Agreement $ 26 (D) Balance due at closing (not including BUYER's closing costs, prepaid 27 items or prorations) by cashiers, official or certified check drawn on a 28 United States banking institution or wire transfer $ 29 (E) Proceeds of a note and mortgage to be executed by BUYER to any 30 lender other than SELLER (base loan amount excluding FHA MIP, 31 funding fees or financed closing costs) $ 32 (F) Seller financing by note and mortgage executed by BUYER to SELLER $ rA 33 (G) PURCHASE PRICE $ 6tF�00 34 Escrow Agent Information (When the binder deposit(s) is held by an attorney or title insurance agency): 35 Name: 36 Address: 37 Phone: _ Fax: 38 E-mail: 39 Note: In the event of a dispute between BUYER and SELLER regarding entitlement to the binder 40 deposit(s) held by an attorney or title insurance agency, Broker's resolution remedies referenced 41 in paragraph 12(A) hereof are not available. 42 2. FINANCING INFORMATION: BUYER intends to finance this transaction as follows: 43 ❑eash transaction 44 ❑loan without financing contingency 45 ,loan as marked below with financing contingency. Page 1 of 9 4.16.12 2° 7 (4-. (Le • VAR1 de.) 46 (A)..F1iA: "It is expressly agreed that, notwithstanding any other provisions of this Contract, the 47 PURCHASER shall not be obligated to complete the purchase of the Property described herein or to 48 incur any penalty by forfeiture of earnest money deposits or otherwise unless the PURCHASER has 49 been given in accordance with HUD/FHA or VA requirements a written statement by the Federal 50 Housing Commissioner, Department of Veteran Affairs, or a Direct Endorsement lender setting forth 51 the appraised value of the Property of not less than $ . The PURCHASER shall 52 have the privilege and option of proceeding with consummation of this Contract without regard to the 53 amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum 54 mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the 55 value nor the condition of the Property. The PURCHASER should satisfy himself/herself that the price 56 and condition of the Property are acceptable." 57 (B) OVA: It is expressly agreed that, notwithstanding any other provisions of this Agreement, the BUYER 58 shall not incur penalty by forfeiture of earnest money or otherwise be obligated to complete the 59 purchase of the Property described herein, if this Agreement purchase price or cost exceeds the 60 reasonable value of the Property established by the Veterans Administration. The BUYER shall, 61 however, have the privilege and option of proceeding with the consummation of this Agreement 62 without regard to the amount of reasonable value established by the VA. 63 (C) ❑CONVENTIONAL OR USDA FINANCING: If BUYER's financing is conventional or USDA, it is 64 expressly agreed that, notwithstanding any other provision of this Agreement, BUYER shall not incur 65 penalty by forfeiture of deposit(s) or otherwise be obligated to complete the purchase of the Property 66 described herein if the purchase price exceeds the appraised value of the Property as established by 67 the lender's appraiser. BUYER shall, however, have the option of proceeding with the consummation 68 of this Agreement without regard to the amount of said appraised value. This contingency shall expire 69 5 days after expiration of the Loan Approval Period. 70 (D) ['OTHER FINANCING: ❑MORTGAGE ASSUMPTION ['SELLER FINANCING. If marked see 71 applicable Addendum attached hereto and made a part hereof. 72 APPLICATION: Within 6"--- days (5 days if left blank) after date of acceptance of this Agreement, 73 BUYER will make application for mortgage loan(s) and pay lender for credit report(s). BUYER will timely 74 furnish any and all credit, employment, financial, and other information required by lender. BUYER will pay 75 for the appraisal at the earliest date allowed by law and will instruct the lender to order the appraisal within 76 3 days after time of such payment. BUYER hereby authorizes BUYER's lender to disclose information 77 regarding the status, progress and conditions of loan application and loan approval to SELLER, SELLER's 78 attorney, Broker(s) to this transaction, and settlement agent. 79 Unless the mortgage loan is approved within sir days (45 days if left blank) after date of 80 acceptance of this Agreement, hereinafter called Loan Approval Period, without contingencies except 81 those pertaining to the Property, BUYER and SELLER shall have 5 days thereafter to: 82 (1) Extend the time for loan approval by mutual written agreement; or 83 (2) Terminate this Agreement by written notice to the other party. 84 If BUYER and SELLER do not extend the time for loan approval or terminate this Agreement within 85 said 5 day period, this Agreement shall no longer be subject to a financing contingency. In this event, 86 neither party shall have a right to terminate this Agreement under this paragraph, the binder deposit 87 shall not be refundable because of BUYER's failure to obtain financing, and this Agreement shall 88 continue through the date of closing. As used in this paragraph, contingencies pertaining to the 89 Property include, but are not limited to, marketable title and survey as required by this Agreement. 90 3. TITLE EXAMINATION AND DATE OF CLOSING: 91 (A) If title evidence and survey, as specified below, show SELLER is vested with marketable title, 92 including legal access, the transaction will be closed aild the deed and other closing papers delivered 93 on or before ❑ _- 'fJ days after date of acceptance of this 94 Agreement, unless extended by other conditions of this Agreement. Marketable title means title which 95 a Florida title insurer will insure as marketable at its regular rates and subject only to matters to be 96 cured at closing and the usual exceptions such as survey, current taxes, zoning ordinances, 97 covenants, restrictions and easements of record. From the date of acceptance of this Agreement 98 through closing, SELLER will not take or allow any action to be taken that alters or changes the status 99 of title to the Property. 100 (8) Extension of Date of Closing 101 If closing cannot occur by the date of closing due to Truth In Lending Act (TILA) disclosure 102 requirements, the date of closing shall be extended for the period necessary to satisfy TILA disclosure 103 requirements, not to exceed 7 business days. PASA Page 2 of 9 4.16. 12 104 If extreme weather or other condition or event constituting acts of God causes (i) disruption of 105 services essential to the closing process or (ii) unavailability of hazard, flood or wind insurance prior to 106 closing, the date of closing will be extended for up to 5 days after restoration of services essential to 107 the dosing process and availability of applicable insurance. If (i) or (ii) continues for more than 30 108 days beyond the date of closing, BUYER or SELLER may terminate this Agreement by delivering 109 written notice to the other party. 110 If title evidence or survey reveals any defects which render the title unmarketable, BUYER or closing 1 I I agent will have 5 days from receipt of title commitment and survey to notify SELLER of such title 112 defects. SELLER agrees to use reasonable diligence to cure such defects at SELLER'S expense and 113 will have 30 days to do so, in which event this transaction will be closed within 10 days after delivery 114 to BUYER of evidence that such defects have been cured but not sooner than the date of closing. 115 SELLER agrees to pay for and discharge all due and delinquent taxes, liens and other monetary 116 encumbrances, unless otherwise agreed. If SELLER is unable to convey to BUYER marketable title, 117 BUYER will have the right to terminate this Agreement or to accept such title as SELLER may be able 118 to convey, and to close this transaction upon the terms stated herein, which election will be exercised 119 within 10 days after BUYER's receipt of SELLER's written notice of SELLER's inability to cure. 120 4. TITLE EVIDENCE: At least r days before date of closing (5 days if left blank), the party paying for 121 the title insurance shall cause the title agent to issue: Title insurance commitment for an owner's policy 122 in the amount of the purchase price,®'fitle insurance commitment for mortgage policy in the amount of 123 the new mortgage. Any expense of curing title defects such as but not limited to legal fees, discharge of 124 liens and recording fees will be paid by SELLER. 125 5. SURVEY: At least rdays before date of closin (5 days if left blank), the party paying for the survey 126 shall cause to be delivered to settlement agent: KA new staked survey of the Property dated within 3 127 months of date of closing showing all improvements, certified to BUYER, lender, and the title insurer in 128 compliance with Florida law. ❑ A copy of a previously made survey of the Property showing all existing 129 improvements and sufficient to allow removal of the survey exceptions from the title insurance 130 commitment. ❑ No survey is required. 131 If a surveyor's flood elevation certificate is required, BUYER shall pay for it. 132 6. CASUALTY LOSS OR DAMAGE: If the Property is damaged by any casualty prior to closing, SELLER 133 shall immediately notify BUYER in writing. If the cost of repair or restoration does not exceed 3% of the 134 purchase price, cost of restoration will be an obligation of SELLER and closing will proceed pursuant to 135 the terms of this Agreement. If the cost of repair or restoration exceeds 3% of the purchase price, BUYER 136 may terminate this Agreement by giving written notice to SELLER within 10 days after BUYER's receipt of 137 written notice from SELLER of the casualty. If BUYER has not so terminated, SELLER shall have 30 days 138 from the end of said 10 day period to complete the repairs in accordance with the conditions required by 139 paragraph 14 and all applicable laws. Closing shall occur within 20 days thereafter but not sooner than 140 the date of closing as set forth in paragraph 3. 141 If BUYER has not terminated as above and the cost of repair or restoration exceeds said 3% and SELLER 142 declines to pay the excess, then SELLER must notify BUYER in writing of same within 15 days after the 143 casualty. In this event, BUYER may either purchase the Property as is, together with any insurance 144 proceeds payable by virtue of such casualty (to be assigned by SELLER to BUYER upon closing) plus an 145 amount equal to SELLER's deductible, or BUYER may terminate this Agreement. BUYER shall have 5 146 days after receipt of SELLER's written notice of refusal to pay the excess costs, to terminate this 147 Agreement, or be deemed to have elected to proceed with this transaction. 148 7. PRORATIONS: All taxes, rents, condominium and homeowners' association fees, solid waste 149 collection/disposal fees, stormwater fees, and Community Development District ("CDD") fees will be 150 prorated through day before closing based on the most recent information available to the closing 151 attorney/settlement agent using the gross tax amount for estimated tax prorations. The day of closing 152 shall belong to BUYER. Any proration based on an estimate shall be reprorated at the request of either 153 party upon receipt of the actual bill based on the maximum discount available. 154 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY UPON SELLER'S 155 CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE 156 OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR 157 PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD 158 RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING 159 VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. PASA Page 3 of 9 4. 16.12 160 8. BUYER WILL PAY: 161 (A) CLOSING COSTS: 162 4ERecording fees ❑Closing attorney/settlement fee 163 ®intangible tax - BUYER's courier fees 164 I�}Note stamps ❑Adjusted mortgage origination charges 165 [Simultaneous mortgagee title insurance policy ID Mortgage insurance premium 166 ®Title insurance endorsements ❑Mortgage discount not to exceed 167 ®Wood-destroying organism report 'Appraisal fee 168 Lender's flood certification fees 41Credit report (s) 169 Tax service fee ❑Mortgage transfer and assumption charges 170 Inspection and reinspection fees Ara ❑Title search 171 IFIReal estate brokerage fee cliign ❑VA funding fee 172 ❑Survey ❑One year home warranty 173 ID Other 174 (B) All other charges required by lender(s) in connection with the BUYER's loan(s), unless prohibited by 175 law or regulation. 176 (C) Condominium and homeowners' association application/transfer fees, the cost of completion of a 177 lender's condominium questionnaire and capital contributions, if required. 178 (D) PREPAIDS: Prepaid hazard, flood and wind insurance, taxes, interest and mortgage insurance 179 premiums if required by the lender. 180 9. SELLER WILL PAY: 181 (A) CLOSING COSTS: 182 .NDeed stamps ❑One year home warranty 183 .ROwner's title insurance policy ❑Title insurance endorsements 184 ag Title search ❑Lender's flood certification fees 185 ni Closing attorney/Settlement fee ❑Mortgage discount not to exceed 186 Real estate brokerage fee ❑Appraisal fee 187 ®Survey ❑Tax service fee 188 PCSatisfaction of mortgage and recording fee ..SELLER's courier fees 189 ❑wood-destroying organism report (Seller must pay if VA) 190 ❑Other . 191 (B) Condominium and Homeowners' Association estoppel/statement costs. 192 (C) All other charges required by lender(s) in connection with the BUYER's loan(s) which BUYER is 193 prohibited from paying by law or regulation. 194 (D) If SELLER agrees to pay any amount toward BUYER's closing costs and/or prepaids, SELLER shall 195 be obligated to pay, upon closing, only those costs marked in paragraph 8(A) and those specified 196 in paragraphs 8(B), 8(C) and 8(D). This amount will include all VA/FHA non-allowables not specified 197 to be paid by SELLER. 198 (E) All mortgage payments, condominium or homeowners association fees and assessments, Community 199 Development District "(COD)" and government special assessments due and payable shall be paid 200 current at SELLER's expense at the time of closing. 201 (F) Public Body Special Assessments. At closing, SELLER will pay: (i) the full amount of liens imposed by 202 a public body that are certified, confirmed and ratified before the date of closing not payable in 203 installments; and (ii) the amount of the public body's most recent estimate or assessment for an 204 improvement which Is substantially completed as of date of acceptance of this Agreement but that has 205 not resulted in a lien being imposed on the Property before closing. "Public body" does not include a 206 condominium or homeowners' association or CDD fees. 207 If public body special assessments may be paid in installments (CHECK ONE) 208 St3UYER shall pay installments due after date of closing. 209 ['SELLER will pay the assessment in full prior to or at the time of closing. 210 IF NEITHER BOX IS MARKED THEN BUYER SHALL PAY INSTALLMENTS DUE AFTER DATE 211 OF CLOSING. Thls paragraph 9(F) shall not apply to liens imposed by a Community 212 Development District created by Florida Statutes 190. The special benefit tax assessment 213 imposed by a Community Development District shall be treated as an ad valorem tax. 214 (G) FIRPTA Tax Withholding: If SELLER is a "foreign person" as defined by the Foreign Investment in 215 Real Property Tax Act, the BUYER and SELLER shall comply with the Act, which may require 216 SELLER to provide additional funds at closing. PASA Page 4 of 9 4. 16.12 217 10. DEFAULT: 218 (A) If BUYER defaults under this Agreement, all binder deposit(s) paid and agreed to be paid (after 219 deduction of unpaid closing costs incurred except inspection fee(s), credit report and appraisal fees) 220 will be retained by SELLER as agreed upon liquidated damages, consideration for the execution of 221 this Agreement and in full settlement of any claims. BUYER and SELLER will then be relieved of all 222 obligations to each other under this Agreement except for BUYER's responsibility for damages 223 caused during inspections as described in paragraph 14. 224 (B) If SELLER defaults under this Agreement, BUYER may either: (i) seek specific performance; or (ii) 225 elect to receive the return of BUYER's binder deposit(s) without thereby waiving any action for 226 damages resulting from SELLER's default. 227 (C) Binder deposit(s) retained by SELLER as liquidated damages will be distributed pursuant to the terms 228 of the listing agreement. 229 11 . NON-DEFAULT PAYMENT OF EXPENSES: 230 (A) If BUYER fails to perform, but is not in default, all loan and sale processing and closing costs 231 incurred, whether the same were to be paid by BUYER or SELLER, will be the responsibility of 232 BUYER with costs deducted from the binder deposit(s) and the remainder of the binder deposit(s) 233 shall be returned to BUYER. This will include but not be limited to the transaction not closing because 234 BUYER does not obtain the required financing as provided in this Agreement or BUYER invokes 235 BUYER's right to terminate under any contingency in this Agreement; however if Buyer elects to 236 terminate this Agreement pursuant to paragraphs 2(A), 2(B), 2(C), or 14 each party will be 237 responsible for all loan and sale processing costs specified to be paid by that party. 238 (B) If SELLER fails to perform, but is not in default, all loan and sale processing and closing costs 239 incurred, whether the same were to be paid by BUYER or SELLER, will be the responsibility of 240 SELLER, and BUYER will be entitled to the return of the binder deposit(s). This will include the 241 transaction not closing because SELLER elects not to pay for the amount in excess of the amounts in 242 paragraph 6, with respect to casualty, loss or damage, or because SELLER cannot deliver marketable 243 title, but shall not include failure to appraise, or termination pursuant to paragraph 14. 244 12. BINDER DISPUTE, WAIVER OF JURY TRIAL AND ATTORNEY FEES: 245 (A) In the event of a dispute between BUYER and SELLER as to entitlement to the binder deposit(s), the 246 holder of the binder deposit(s) may file an interpleader action in accordance with applicable law to 247 determine entitlement to the binder deposit(s), and the interpleader's attorney's fees and costs shall 248 be deducted and paid from the binder deposit(s) and assessed against the non-prevailing party, or the 249 broker holding the binder deposit(s) may request the issuance of an escrow disbursement order from 250 the Florida Division of Real Estate. In either event, BUYER and SELLER agree to be bound thereby, 251 and shall indemnify and hold harmless the holder of the binder deposit(s) from all costs, attorney's 252 fees and damages upon disbursement in accordance therewith. 253 (B) All controversies and claims between BUYER, SELLER or Broker, directly or indirectly, arising out of 254 or relating to this Agreement or this transaction will be determined by non-jury trial. BUYER, SELLER 255 and Broker, jointly and severally, knowingly, voluntarily and intentionally waive any and all rights to a 256 trial by jury in any litigation, action or proceeding involving BUYER, SELLER or Broker, whether 257 arising directly or indirectly from this Agreement or this transaction or relating thereto. Each party will 258 be liable for their own costs and attorney's fees except for interpleader's attorney's fees and costs 259 which shall be payable as set forth in paragraph 12(A). 260 13. PROPERTY DISCLOSURE: SELLER does hereby represent that SELLER has legal authority and 261 capacity to convey the Property. SELLER represents that SELLER has no knowledge of facts materially 262 affecting the value of the Property other than those which BUYER can readily observe except: 263 264 265 SELLER further represents that the Property is not now and will not be prior to date of closing subject to a 266 municipal or county code enforcement proceeding and that no citation has been issued except: 267 268 269 If the Property is or becomes subject to such a proceeding prior to date of closing, SELLER shall comply 270 with Florida Statutes 125.69 and 162.06; notwithstanding anything contained within said Statutes, 271 SELLER shall be responsible for compliance with applicable code and all orders issued in such 272 proceeding unless otherwise agreed herein. SELLER has received no written or verbal notice from any 273 governmental entity as to uncorrected building, environmental or safety code violations, and SELLER has 274 no knowledge of any repairs or improvements made to the Property not in compliance with governmental 275 regulations except: 276 277 PASA Page 5 of 9 4. 16. 12 278 (A) Energy Efficiency: In accordance with Florida Statute 553.996, notice is hereby given that the BUYER 279 of real property with a building for occupancy located thereon may have the building's energy-efficiency 280 rating determined. BUYER acknowledges receipt of the Florida energy efficiency rating information 281 brochure prepared by the State of Florida at the time of or prior to BUYER signing this Agreement. 282 (B) Radon Gas Disclosure: Radon gas is a naturally occurring radioactive gas that, when it has 283 accumulated in a building in sufficient quantities, may present health risks to persons who are exposed 284 to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in 285 Florida. Additional information regarding radon testing may be obtained from your county health unit. 286 (C) Flood Zone: BUYER is advised to verify with the lender and appropriate government agencies 287 whether flood insurance is required and what restrictions apply to improving the Property and 288 rebuilding in the event of casualty. 289 (D) Community Development District: The Property may be in a Community Development District 290 (CDD). See BUYER'S Community Development District Acknowledgement for further information. 291 (E) Mold Disclosure: Mold is naturally occurring. The presence of mold in a home or building may cause 292 health problems and damage to the Property. 293 (F) Defective Drywall: The presence of Defective Drywall in a home may cause health problems and 294 damage to the Property. 295 (G) Airport Notice Zones: If the Property is in Noise Zones A, B and/or an Airport Notice Zone, BUYER 296 and SELLER agree to comply with the City of Jacksonville Ordinance Code Section 656.1010. 297 (H) Historic Districts: BUYER is advised to verify with appropriate government agencies whether the 298 Property is in an historic district; if so, the Property is subject to additional guidelines and restrictions. 299 See Historic District Disclosure for further information. 300 ( I ) Other: BUYER should exercise due diligence with respect to information regarding neighborhood 301 crimes, sexual offenders/predators and any other matters BUYER deems relevant to the purchase of 302 the Property. 303 14. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition 304 until closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments, 305 BUYER and SELLER agree that the cost of inspections and investigations requested by BUYER are 306 exempt from paragraph 11 of this Agreement and will be paid by BUYER regardless of the outcome of this 307 Agreement. If BUYER elects not to have inspections and investigations performed, or fails to make a timely 308 request for repairs/replacements/treatments as set forth in this paragraph 14, BUYER accepts the Property 309 in its "AS IS" condition as of the date of acceptance of this Agreement. BUYER will be responsible for 310 repair of all damages to the Property resulting from inspections and investigations, and BUYER will return 311 the Property to its pre-inspection condition. These obligations shall survive termination of this agreement. 312 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 313 during the time provided for inspections and investigations in this paragraph, and, if not, the time for 314 inspections and investigations will be extended by the time access was denied. If utilities are not active 315 at the time the inspections, investigations or appraisal are to be made, SELLER will pay to have the 316 utilities activated for these purposes. 317 Within 10 days after the date of acceptance of this Agreement ("Inspection Period"), BUYER may have 318 the Property inspected and investigated by appropriately licensed inspectors or persons/entities 319 holding a Florida license to build, repair or maintain the items inspected. The inspections and 320 investigations include, but are not limited to: 321 (1 ) testing and inspecting all major appliances, heating, cooling, mechanical, electrical and plumbing 322 systems, well and septic (including drain field systems), the roof, pool and pool equipment, drainage, 323 and environmental and sinkhole conditions; 324 (2) inspecting for active infestation and/or damage from termites and other wood-destroying 325 organisms, defective drywall and mold; and 326 (3) verifying square foot measurement, and reviewing applicable zoning and historic classifications, 327 covenants, restrictions, easements, rules, and other governing documents affecting the Property. 328 If BUYER determines, in BUYER'S sole discretion, that the Property is not acceptable to BUYER, 329 BUYER may prior to the expiration of the Inspection Period: 330 • terminate this Agreement by delivering written notice of such election to SELLER together with a 331 copy of all written reports of inspections and investigations; or 332 • submit BUYER's written request to SELLER for repairs/replacements/treatments, if any, together 333 with a copy of all written reports of inspections and investigations. BUYER and SELLER shall 334 have 5 days from SELLER's receipt of such request within which to enter into a written 335 agreement for repairs/replacements/treatments, falling which this Agreement shall be 336 deemed terminated. PASA Page 6 of 9 4.16.12 337 If this Agreement is terminated as provided in this paragraph, BUYER and SELLER shall be released 338 from all further obligations under this Agreement except as otherwise provided in this paragraph 14. 339 Prior to the binder deposit(s) being delivered to BUYER, BUYER shall provide SELLER with paid 340 receipts for all investigations and inspections. 341 BUYER shall be responsible for prompt payment for all of BUYER's inspections and investigations. 342 BUYER agrees to indemnify and hold SELLER harmless from all losses, damages, claims, suits, and 343 costs which may arise out of any contract, agreement, or injury to any person or property as a result of 344 any activities of BUYER and BUYER's agents and representatives relating to inspections and 345 investigations except for any losses, damages, claims, suits, or costs arising out of pre-existing 346 conditions of the Property or out of SELLER's negligence, willful acts or omissions. 347 SELLER shall have any agreed upon repairs/replacements/treatments completed by appropriately 348 licensed persons within '10 days of entering into a written agreement for such with BUYER and receipt 349 by SELLER of written notice of BUYER's loan approval, if applicable. SELLER shall notify BUYER in 350 writing upon completion of all agreed upon repairs/replacements/treatments and provide BUYER with 351 copies of all receipts for same at that time. BUYER may, within 3 days after receipt of SELLER's 352 written notice and delivery of such receipts, reinspect the Property solely to verify that SELLER has 353 completed the agreed upon repairs/replacements/treatments. No other repair/replacemenUtreatment 354 issues may be raised as a result of this reinspection. 355 Walk-Through: Prior to closing, BUYER may walk through the Property solely to verify that SELLER 356 has maintained the Property in the condition required in this Agreement. 357 (B) Broker's Notice: Neither the Listing Broker nor Selling Broker warrants the condition, size or square 358 footage of the Property and neither is liable to BUYER or SELLER in any manner whatsoever for all losses, 359 damages, claims, suits, and costs regarding same. BUYER and SELLER hereby release and hold 360 harmless said Brokers and their licensees from all losses, damages, claims, suits, and costs arising out of 361 or occurring with respect to the condition, size or square footage of the Property. Brokers shall not be liable 362 for the performance by any provider of services or products recommended by Brokers. Such 363 recommendations are made as a courtesy. BUYER and SELLER may select their own providers of 364 services or products. 365 (C) BUYER's Responsibility: Repairs, replacements and treatments to the Property after date of closing or 366 BUYER's possession, whichever occurs first, will be BUYER's responsibility unless otherwise agreed in 367 writing. 368 15. POSSESSION : 369 INBUYER will be given possession at closing 370 ❑BUYER will be given possession within _ days after the date of closing at no rental cost to SELLER. 371 If neither box is marked then BUYER will be given possession at closing. 372 If possession is to be delivered before or after date of closing, the BUYER and SELLER shall execute a 373 separate possession agreement prepared by legal counsel at possessor's expense at least 5 days before 374 date of closing on terms reasonably acceptable to BUYER and SELLER. 375 SELLER shall sweep the Property clean and remove all personal property not included in sale by time of 376 BUYER's possession. 377 • ELLER represents that there are no parties in possession other than SELLER. 378 ❑BUYER understands that the Property is available for rent or rented and the tenant may continue in 379 possession following date of closing unless otherwise agreed in writing. Within 5 days after ,date of 380 acceptance of this Agreement SELLER shall provide BUYER with a copy of all current leases for the 381 Property and deliver to BUYER originals of same at closing. At closing, all tenant deposits will be 382 transferred from SELLER to BUYER and any leases shall be deemed to have been assigned by SELLER 383 to BUYER and the obligations thereunder assumed by BUYER. 384 16. PERSONAL PROPERTY: The following items owned by SELLER and existing on the Property on the 385 date of the initial offer are included in the purchase price: range/oven, cooktop, dishwasher, disposal, 386 ceiling fans, audio/visual system wiring, light fixtures, bathroom mirrors, drapery hardware, all window 387 treatments, garage door opener and control, security gate and other access devices, mailbox and mailbox 388 key if applicable; fence, plants and shrubbery, all as now installed on the Property, and those additional 389 items checked below (to which no value has been assigned). 390 ['Refrigerator ❑Smoke detector(s) ❑Pool fence/barrier ❑Mounted/installed speakers 391 ❑Washer ❑Window/wall a/c ❑Pool Sweep ❑Water softener/treatment system 392 ['Dryer ❑Built-in Generator ❑Above Ground Pool ❑Storm shutters and panels 393 ['Gas logs ❑Wine cooler ['Storage Shed ['Spa or hot tub with heater 394 ❑Trash Compactor❑Microwave Oven ❑Intercom PASA Page 7 of 9 4.16.12 395 1R6ther (specify): Asy‘t . ,vA - 1Q(t ,M.ePJ' oirreJ('f., rn/ °ja-. E1v.- 396 rl Items specifically excluded from this Agreement: 397 398 39917. ADDENDA/RIDERS/DISCLOSURES: 400 If marked the following are attached hereto and made a part of this Agreement: 401 ['Condominium Rider 402 ❑�7Homeowners' Association/Community Disclosure 403 .Lead-Based Paint Disclosure Form (for pre-1978 homes) 404 ❑Coastal Construction Control Line Disclosure 405 ®'Short Sale Addendum 406 ❑USDA Financing Addendum 407 ❑For Your Protection: Get a Home Inspection (for FHA Financing) 408 ❑Other (Specify here) 409 ADDITIONAL TERMS AND CONDITIONS: 410 I 2i i - r .. ., .: �r w , 004-C 411 44a,_52.? /1' dwie1,Y rot) a ,.%e.s✓ ger" 44-cir mil' 412 G 413 414 415 416 417 418 419 18. COMPLETE AGREEMENT AND MISCELLANEOUS PROVISIONS: BUYER and SELLER acknowledge 420 receipt of a copy of this Agreement. Except for brokerage agreements, BUYER, SELLER and Broker 421 agree that the terms of this Agreement constitute the entire agreement between them and that they have 422 not received or relied on any representations by Brokers or any material regarding the Property including, 423 but not limited to, listing information, that are not expressed in this Agreement. No prior or present 424 agreements or representations will bind BUYER, SELLER or Brokers unless incorporated into this 425 Agreement. Modifications of this Agreement will not be binding unless in writing, signed and delivered by 426 the party to be bound. This Agreement and any modifications to this Agreement may be signed in 427 counterparts and may be executed by electronic media, including facsimile and email. Headings are for 428 reference only and shall not be deemed to control interpretations. If any provision of this Agreement is or 429 becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. Neither this 430 Agreement nor any memorandum hereof will be recorded in any public records. 431 In the performance of the terms and conditions of this Agreement each party will deal fairly and in good 432 faith with the other. Notice to the Broker for a party shall be deemed notice to that party. All assignable 433 repair and treatment contracts and warranties are deemed assigned by SELLER to BUYER at closing 434 unless otherwise stated herein. SELLER agrees to sign all documents necessary to accomplish same, at 435 BUYER's expense, if any. 436 TIME IS OF THE ESSENCE IN THIS AGREEMENT. As used in this Agreement, "days" means calendar 437 days. Any time periods herein, other than the time of acceptance, which end on a Saturday, Sunday, or 438 State holiday shall extend to the next day which is not a Saturday, Sunday or State holiday. All references 439 to a date other than the date of acceptance shall be 7:00 p.m. Eastern Time (ET). 440 19. BUYER'S AND SELLER'S NOTICES: BUYER and SELLER represent that they have not entered into any 441 other agreements with real estate brokers other than those named below with regard to the Property. 442 BUYER and SELLER give the Brokers authorization to advise surrounding neighbors who will be the new 443 owner of the Property. "Broker", as used in this Agreement, is deemed to include all of Broker's licensees 444 licensed to sell real property in the State of Florida. PASA Page 8 of 9 4. 16. 12 445 20. ESCROW DISCLOSURE: BUYER and SELLER agree that Broker may place escrow funds In an interest 446 bearing account pursuant to the rules and regulations of the Florida Real Estate Commission and retain 447 any interest earned as the cost associated with maintenance of said escrow. 448 21 . SOCIAL SECURITY OR TAX I.D. NUMBER: BUYER and SELLER agree to provide their respective 449 Social Security or Tax I.D. number to closing attorney/ settlement agent upon request. 450 21 1031 EXCHANGE: BUYER or SELLER may elect to effect a tax-deferred exchange under Internal 451 Revenue Service Code Section 1031 (whlch shall not delay the closing), In which event BUYER and 452 SELLER agree to sign documents required to effect the exchange, provided the non-exchanging party 453 shall not incur any costs, fees or liability as a result of or in connection with the exchange. 454 23. PAYOFF AUTHORIZATION: SELLER hereby authorizes the closing attorney/settlement agent to obtain 455 mortgage payoff letters (including from foreclosure attorneys) and Homeowner's and Condominium 456 Association status letters on behalf of SELLER. 457 24. TIME OF ACCEPTANCE: IF THIS OFFER IS NOT SIGNED BY BUYER AND SELLER AND DELIVERED 458 TO BUYER AND SELLER OR THEIR RESPECTIVE BROKER (INCIIUD NG BY FAX AND 459 ELECTRONICALLY) ON OR BEFORE _C01 ❑A.M. •&IP.M. fir!I ) (DATE), THIS 460 OFFER WILL TERMINATE. THE TIME FOR ACCEPTANCE OF ANY COUNTER OFFER SHALL BE 461 HOURS (24 HOURS IF LEFT BLANK) FROM THE TIME THE COUNTER OFFER IS 462 DELIVERED, 463 25. DATE OF ACCEPTANCE: The date of acceptance of this Agreement shall be the date on which this 464 Agreement is last executed by BUYER and SELLER and the fact of execution Is communicated to the 465 other party in writing. 466 If this Agreement is not understood, BUYER and SELLER should seek competent legal advice. 467 _ 468 BUYER DATE SELLER DATE 469 kr ( Z` u3 470 BUYER DATE SELLER DAT 471 472 BUYER DATE SELLER DATE 473 474 BUYER DATE SELLER DATE 475 Broker, by signature below, acknowledges receipt of $ ❑ cash ❑ check as the 476 binder deposit specified in paragraph 1 (A) of this Agreement. It will be deposited and held in escrow pending • 477 disbursement according to the terms hereof, together with any additional binder deposlt(s) escrowed by the ' 478 terms of this Agreement. 479 480 Company By Title END OF PURCHASE AND SALE AGREEMENT 481 Broker joins in this Agreement to evidence Broker's consent to be bound by the provisions of paragraph 482 12 above. nn�l ,, '' �- /'` , 483 tic/4't r7'onf ' exit- Aell. Ft i 4, C4eJ'y 484 Firm Name of Listing /�Broker g Firm Name of elling Broker 485 1 � Y-- K.� l -• (p,/ 4`� A 9°(i — a . o - S,'U 0 486 Phone for Listing Broker Phone foc _ • Airigiik 487 By: `s:4aA!r By: 488 Au • a rized L` : see . ignature� (/ Auth. zed Licensee Signature 489 J e %(,.J `' 6" V6 'VR-. . NU i - 490 Printed Name of Liccensek Printed Na e of Licensee 491 90Y -42/ � / — . --)2-(( )14 — `[/7(0 -• V6 ( 7 492 Phone for Listing Licensee Phone for Selling Licensee PASA Page 9 of 9 4. 16. 12 Clear Form SHORT SALE ADDENDUM COPYRIGHTED BY AND SUGGESTED FOR USE BY THE MEMBERS OF THE REALTOR® NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, INC. REALTOR® This Addendum is made by the undersigned BUYER and SELLER and is incorporated into and made a part of the Purchase and Sale Agreement and Deposit Receipt between BUYER and SELLER (the "Purchase and Sale Agreement"). Where this Addendum is in conflict with the terms of the Purchase and Sale Agreement, the terms contained in this Addendum will govern. This Addendum is referenced in the Purchase and Sale Agreement and pertains to the following Property: �3 ( (JeMrMD /— A ? ; {Z. 3233 This transaction is referred to as a Short Sale because the Purchase Price is less than or "short" of the amount(s) owed for SELLER's closing costs and prorated items and to pay off encumbrance holders. 1 . SELLER represents that the purchase price may be less than the amounts owed for SELLER's closing costs and to holders of outstanding mortgages and other liens affecting the Property ("encumbrance holders"). SELLER's obligation to close the sale of the Property is contingent on the agreement of SELLER's encumbrance holders and/or court consent to: (a) accept a payoff which is less than the balance due under the encumbrances; (b) accept the HUD-1 settlement statement; and (c) furnish a recordable satisfaction or release of the encumbrances. NOTICE: IN A SHORT SALE TRANSACTION, SELLER MAY HAVE A CONTINUING FINANCIAL OBLIGATION TO SELLER'S ENCUMBRANCE HOLDERS AFTER CLOSING INCLUDING, BUT NOT LIMITED TO, EXECUTION OF A PROMISSORY NOTE IN FAVOR OF THE ENCUMBRANCE HOLDER(S) OR LIABILITY FOR A DEFICIENCY JUDGMENT. SELLER IS ADVISED TO SEEK COMPETENT LEGAL AND FINANCIAL ADVICE CONCERNING SELLER'S LEGAL, TAX AND FINANCIAL OBLIGATIONS. THE FACT THAT THIS SHORT SALE MAY BE CONSIDERED OR APPROVED BY ENCUMBRANCE HOLDERS DOES NOT AUTOMATICALLY MEAN THAT ANY FORECLOSURE PROCESS HAS BEEN SUSPENDED OR DELAYED. 2. SELLER shall within 5 days from the date of the Purchase and Sale Agreement initiate the process to have this short sale approved by all encumbrance holders and request in writing a delay of the foreclosure sale date if the foreclosure sale date is scheduled to take place before the date of closing. SELLER shall provide all information and documentation required by the encumbrance holders within 5 days after receiving the request(s). SSA Page 1 of 3 4. 16. 12 Rev SHORT SALE ADDENDUM continued 3. If this short sale is not approved in writing by all encumbrance holders within 42a days (60 days if left blank) from the date of the Purchase and Sale Agreement ("Approval Deadline"), either BUYER or SELLER may terminate the Purchase and Sale Agreement by giving written notice to the other. If neither BUYER nor SELLER has delivered such termination notice within 5 days after the Approval Deadline then the Approval Deadline shall be extended automatically by 30 days. BUYER and SELLER agree to cooperate in good faith without delay to achieve approval. SELLER shall deliver to BUYER a copy of the approval or denial letters of all encumbrance holders within 2 days after receipt by SELLER. Short sale approval means that all encumbrance holder(s) shall agree to reduce their respective payoff amount(s) by an amount sufficient to permit the proceeds from the sale of the Property to pay the encumbrances and SELLER's closing costs and prorated items. 4. SELLER hereby authorizes and directs the following parties to freely communicate and share information with each other regarding the current status of the SELLER'S application for short sale and of the approval or denial of same: encumbrance holders, Brokers to this transaction , closing attorney/settlement agent and short sale facilitator(s). 5. BUYER acknowledges that SELLER's encumbrance holders are not parties to the Purchase and Sale Agreement and are not obligated to consider or approve the Purchase and Sale Agreement within any specified time period. BUYER further acknowledges that SELLER and Brokers are not liable for encumbrance holders' delays, failure to approve this short sale or failure to complete this short sale after approving the Purchase and Sale Agreement. 6 . Notwithstanding paragraph 11 (B) of the Purchase and Sale Agreement, if this transaction does not close because the encumbrance holders do not approve this short sale, SELLER is not responsible for BUYER's loan and sale processing and closing costs incurred. 7. The date of acceptance of the Purchase and Sale Agreement shall be the date on which the Purchase and Sale Agreement is last executed by BUYER and SELLER and the fact of execution is communicated to the other party in writing (not the date of encumbrance holders' approval). 8. Time Periods: (Check one) (a) N—Except for Approval Deadline and payment of binder deposit(s), all time periods for inspections, contingencies, loan application and loan approval shall begin from the date BUYER receives a copy of approval letters from all encumbrance holder(s). The date of closing shall be on or before H r days (45 days if left blank) after approval by the encumbrance holder(s) unless extended by other conditions of the Purchase and Sale Agreement. (b) ❑ All time periods under the Purchase and Sale Agreement shall begin from the date of acceptance of the Purchase and Sale Agreement by BUYER and SELLER. If neither box 8(a) nor 8(b) is marked , then 8(a) shall apply. 9. All prorations shall be final at closing. SSA Page 2 of 3 4. 16. 12 Rev SHORT SALE ADDENDUM continued 10. After BUYER's offer has been accepted by SELLER, SELLER may: ❑ continue to market the Property as active contingent in the Northeast Florida Multiple Listing Service (NEFMLS); or Er not continue to market the Property and hereby instructs the listing Broker to change the status of the Property to pending in the NEFMLS. Regardless of which of the above is marked, SELLER has the right to accept other offers as back- up contracts. If SELLER receives subsequent written offer(s) to purchase the Property, whether accepted or not, which SELLER intends to submit to encumbrance holders, SELLER must deliver to BUYER written notice of SELLER's intention within 24 hours after receipt of such other written offer(s) (the "Notice"). BUYER will have 5 days after delivery of the Notice to terminate the Agreement. If BUYER elects to terminate the Agreement, BUYER must notify SELLER of BUYER's election in writing within the 5 day period. 11 . Unless otherwise directed in writing by SELLER's encumbrance holder(s), SELLER has an obligation to inform them in writing of all subsequent higher written offers, whether accepted or not, until SELLER has received written approval by encumbrance holder(s) of this short sale. SELLER acknowledges that failure to inform Seller's encumbrance holder(s) in writing of all subsequent higher written offers prior to receipt of written approval by SELLER's encumbrance holder(s) of this short sale may be construed as mortgage fraud. THIS PARAGRAPH SHOULD NOT BE DELETED OR MODIFIED, BUYER DATE BUYER DATE .r Lr-r`q' SELLER DATE SELLER DATE SSA Page 3 of 3 4. 16. 12 Rev ' LEAD-BASED PAINT DISCLOSURE FOR .IL R III ESIDENTIAL SALES ADDENDUM kik REALTOR® DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND REALTOR® LEAD-BASED PAINT HAZARDS This Addendum is made by the undersigned BUYER and SELLER and is Incorporated into and made a part of the Purchase and Sale Agreement and Deposit Receipt between BUYER and SELLER (the "Agreement"). This Addendum is referenced In the Agreement and,ppertains to the following P op rly: plc "la.4, r.r/Q_ Ao L-- e 223 . Lead Warning Statement Every purchaser of any Interest In residential real property on which a residential dwelling was built prior to 1978 is notifie d that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced Intelligence quotient, behavioral problems, and Impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any Information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. 's Disclosure (initial) Presence of lead-based paint and/or lead-based paint hazards (check one below): ❑ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). ,.feller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. •ri (b) Records and reports available to the seller (check one below: ❑ Seller has provided the purchaser with all available records and reports pertaining to lead-based ,��paint and/or lead-based paint hazards in the housing (list documents below), �- Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Buyer's Acknowledgment (initial) (c) Buyer has received copies of all information listed above. (d) Buyer has received the pamphlet Protect Your Family from Lead in Your Home. (e) Buyer has (check one below): ❑ Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or --la Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Licensee's Acknowledgment (initial) Licensee has informed the Seller of the Seller's obligations under 42 U.S.C. 4852(d) and is aware of Cfifilik- his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate: S( l7 ,f(Ltr/ SELLER DATE BUYER DATE SELLER D BUYER / DATE ' A -v^-- LIST LICEN y' E f D T SELLINt; LICENSEE DATE f T y{� Any person or persons who knowingly violate the provisions of the Residential Lead-Based Paint Hazard Reduction Act of 1992 may be subject to civil and criminal penalties and potential triple damages In a private civil lawsuit. LPDFRSA (SALES) 4.16, 12