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.
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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.
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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.
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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.
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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
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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.
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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