1150-Contract for 1311 Lake Avenue02/02/2007 16:44 PAX 388 888 2553 The Triece Company
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r 1. SALE AND PURCHASE: gtcben zls S, a siaele sax
2- arid city of SaalOrd, a M90A94 920 atiee lades Florida lav
3 agree to sal and buy on me terms and canditlons specified below the property described as:
4• Address. 131`ft 1ltonae,
6• Seaford, M Ci0t311y: Sea►iaole
W Legal Description: se ction 36, Tgmw &Av its, tteoee 30 tNastjg t4 54,7 !Mt of Sorb 416 ZMt of
7• Nest 174 teat of M 1/„ 4 of MM ids, 8e49w1e 9=177 rsorlds TO( iD No: 34- 19 -10- 300 - 0340-0066
e together with all m nd provements a aged Rents, kmkjdhg bum, built - tun lshthgs, twit -in applenoes. CMkV fare, Wt
fixtures, attached wall -to•wd Carpeting, rods, &apw" and other window Coverfngs- The only other items included in the
10' purCttese are:
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1 3 , The do mng attached items are excluded from the purchase:
14'
is The red and personal property desalted aboae as included h the pcichm fs nebi toes the VmMty.' Pews! property listed
16 in this Ccntreil is kd uded in the purchase pike, his no oontMutory wi je and is being W for SeWs = ww*m e.
,? PRICE AND FINANCING
1rr 2. PURCHASE PRICE $ payable by Buyer In U.S. currency as follows:
zo r W$ 139,000-00 Deposit raved ved O ks gec t to clo ante) by
21 a AW) O(cono"
zr (b) s Additional deposit to be delivered to &aow Agwd by
rr or days from Etfedive Date. (1 Q days if left blaN
24• (c) Total tw drg (see Paragraph 3 below) (scimms as a dolor amount or perosnt&9e)
sae Addendan for optics Womat to Miler.
2s• {d) $ Other. � �-
2F (9)S 139, 000.00 Balance to dose (not k y B C�v OM pt� Mis wd pr0�f . All fI * pad
2 7 of C oft nW be pekt by � ^'P' ftm ca9t check, oibcial boric deck, or MW trds.
:• & FINANCING: (Ctredc as applicable) 0 (0 Buyer will pay cash for the Property with no ffnanckg contingerxy.
2r ❑ 0b1 Buyer will appy for the linanci V spooned In paragraph 2(C) at the prr3MWV irtler+est rate and loan casts based on
0-o• 9tyeft Credtwort j vM go oRnar>cing") wilco days from Effective Date (5 days 9 left bland end proMde Selsr wth e
31• written Fhenat g oorw0ment or appro4 latter ftXffvr&r4n0 wi fm days from Effemn Date (W days if bit bbnld
32 ('Corrxnitrrhent Period). Buyer will keep Seller and Broker Ally informed about loan application status, progress and
33 COwnitrrrerK bum and 2wthorim the mortgege broker and lender to disclose all such thfonnt 01 to Soler and Broker. Once
Buyer pnbvfcies the t ;onrrti T&% to Soler, the Irt9 l&g arafrgency is MW WO Sour wM be entitled to retain the deposits
a ff the traraom toes not dose by the ClomV Dale unless (1) the Property appraises below the pithose On and eilhor the
36 parties cannot agree on a new purchase price or Buyer elects not to proceed, or 0 another provision of this Contract regiires
v the deposits to be returned. I &W. Uskg diperrce and good faith, carr►et provide the Cmrrci r*V within the Commitrnent
W Period, this C,ontract wl beWrftted and B1ryWs deposits MkYXW.
39 CLOSING
40 4. CLOSING DATE; OCCUPANCY: Unless extended by Odw pnOvWQm of this Contract, this Contract wit be closed on
41• rCbetg Doti') at the time esteblei' ' byte dosing agent, by v ftiCth ttne Seller wl (e) have rr3moved d
a per5or1 Berns errdtra9h><om thine Properly and sv7Rihe Hvpetty deco and daiverthe deed �arper>Ly and pos9eaebn, along
43 at keys, garage door openers and access codes. to Buyer I an Clo" Date inecm= cndwvrR" is suspended, Buyer may
44 postpone dosing up b 5 days after the hauence Suuper>Erion Is Hued. If this trarhsacton does not dose for any reason, MW wl
45 mnheciiabey netmaf Seller title eukiertce. arveys, assodethn doaunente and omen flwM
40 & CLOSING PROCEDURE; COST'& CIOV we take place In the county where the Pr+Operty Is bated and may be oondr W by
mail or eleCirnric months. I tits rnsurenoe inscrnes Bcyerior titb deleils arl*q between the Ute binder effective date end vowth g
4e of de4 dosing agent wl disburse at closing the net sob proceeds to Soler and brokerage fees to Broker as per
49 19. In add m to other mcpwas provided in this Contrail. Solar and B yerwB pay the costs Irtdcalc below.
Soler Coet9+ Solar wl pay tames and surtaM on the deed and new* fees for downents needed to cure tltiec up to
or % (1.5% I Idt t d the put hese price tier repairs to werrented items ("Rspair UROM;
L W' t3uurr f if 1 and Saw (11 ' j( 1 arkn4vbA re v* t of a mw of ft r*m. whict L; Pte? 1 of 7 Padr;s.
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sr and UP to $ or 96 (1.5% if left MM of 1118 Wdtase price for w00d<b8Wyk1g organism
u• treeamnr>lt repairs Cwoo Repair LM*7 outer:
ss (b Buyer Coettrr Buyer wit pay taxes and moordlr>p tees on dotes and mortgages; recorft tees on the deed and Vendng
sr st2dGemortts: loan eowsex W*rls tide polar inspeclkm sway; Rood irWarKV Outer:
5e (c) Tide Eviderme and Irtstuanow. Check (1) or (2):
s¢ )W) The title ettdence will be a Paragraph 10(a)(1) owner's the ir>9u8noe corrrthlbnwt ❑ 59WXBuyw will select the title
W agarrt. Q SellerX Buyer will pay for the ownerb tote policy, 9e8roh, examination and related chsrgeS. Each party will
er O elder will provide . an abstract as Specitled in Paragraph 1 O(aW) as tide evidence. 0 Seller o Btysr will pay for
03 the ownerls title poky old select the title agent. Serer w@ pay teas for tide saerdtes prior to dosing, khduxMg tax.
64 search and Non search fees, and Buywr wit pay loss for tide searches alter dosing (if any), tide eDlam( MOn tees and
as closing fees.
as (d) Proration: The blowing Items will be made current (d applicable) and Prorated as of the day before Cloeirg Date: real
67 estate taxes, interest. bonds, assessiTants, asssodation few insurance, rents and other curmtt eocper>see and revenues Of
4111 the Property. N taM and assessments br the current year be dMM11111 the previous year's rates we be used withh
as adualma >t for Wonpbons and improv nw ts. Buyer is mWonsible for property talc hdeases due to change In ownwal tip.
>o
(e) Special Assessmertt by Pubic BODY RegartS>g speed assessmerits imposed by a ptM body, Serer WO pay A the lie
71 armuit of lens that are certlled, oonlrmed and haled before cb*g and p the afrtOt X Of the 141st estlirrhate of the assessment N
72 an impnoaemm is substantially completed as of Eflective Dale but has not resulted n a lent before dosing, and BuyW wi1< pair 411
73 other amounts.
74 (T) Tape VIRii'thOlding. Buyer and Serer w/ oompy with the Foreign irhve8b'rtent in Real Property Tax Act, which may ragtime
is Seiler to provide addib0rtel Cash at dosing rf Seller Is a `farm person" as dented by federal law.
7V (9) Home Warranty: Q Btyer Selw XWAwill pay for a home warranty plan issued by at a
7r cost riot to exceed A home warranty plan prDuide9 V repair Or MPieoernr>t Of many of a home's mechanical
7e systems and major bult-h appliances in the event of brealcdown due to normal wear and tear during the apreerrtent period.
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110 & INSPECTION PERIOD6: Beyer wll axnplete rte Ir15110ons ^eW6V0d in PanagrapltS 7 and t by
a,• (within 10 days from l=lfective Date N left Mastic) Mhspectlan Perlocn; the wood - destroying organism inspection
ir by . _ (at least 5 days prior to dosing, if left WOO: and the wak•fhrou gin inspection on the
a1 day before Closing Date or any other time agreeable to the parties; and the survey refewced In Paragraph 10(c) by
W (at least 5 days prior to cbsfthg if left blank).
as 7. RE PRO MSCLM E3: Se repre9 thet Sher does not know of any facts Th M afsrlal y affe the value rubs and regulations, other then'those lid B&W
in c1theProp&V,' Nu r can madly observe or but not brilted to violations of are known by a have been diac d BLW. will have all open permitS ( any) dosed cut
w with Mal inspections; oomplebacf, no later than 5 days prior to doetng.
a (a) Energy ESiclerx'y. Buyer aM*wledges receipt of the era T-ellolancy Inlormailm brochure required by Section 853.996 .
90 fitlliCls $E9UM
41 (b) Radon Gam Radon Is a natuxaiy occurring radoatftlue gas that, when it has accumulated In a bu ildng in suAk9ent
w qutattddW may preserd health risks Ito persons who are sposed to it over theta. Levels of radon that exceed federal and
03 state guidelines have been found in buldirgs In Florida. Adddonal Inbr nabon regarding radon and radon testing may be
94 obtained from your county public heeith unit Buyer may wuttirt the krspeolbn Period have an 9 oprlatey licensed person
gs test the Property for radon. N the radon ievel g=ets acceptable EPA starrdentls, Seller may choose to radixe the radon
ga level to an acceptable EPA level. teilhg which either party may c,•ertoel this COr> $W-
(c) Flood Zone: Buyer Is adAsed to verify by survey, with the lender and with appropriate QOaenVlhent agencies which Aood
gs zone the Property is h, whether Hood ins>xa = is required and what resbtab= apply to improving the Property and rebuilding
go in to av+9r>t of casualty. if the Property is in a Spacial now Hasid Area or Coastal Hilt Hazard Area and the bukJngs are butt
too below the mVkry m flood el9v ft% Buyer may cancCei fhia Cartract by dd w" written notice to Seller wid>kt 20 days tam
101 EllbdNe Date, faring which Buyer accepts the notating alwation of the buildings and none dBeignaW of the Property:
lox (d) Homeowners' AssociWon. N mem )wsttp in a homeowners' association Is mandatory, an association disdosure
>m summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL
fah BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY.
105 (e) PROPERTY TAX DISCLOSURE SIjW4RM BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY
job TAXES AS THE AMOt,W OF PROPERTY TAXES THAT BUYER MAY BE OaBUQATED TO PAY IN THE YEAR SUBSEOUENI'
107 TO PIATCHASE. A CHANGE OF O FISHIP OR PROPMY IMPROV9NFJYTS TRIGGERS REASSESMADM OF THE
Ica PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING
fog VALUATION, CONTACT THE COUNTY PROPERTY APPRA %R'S OFFICE FOR FURTHER INFOFMTiON.
tic (f) AAeld. Moll Is part of tree nature! environment that, when acaun Med In 9uAbleM "Oft may present health d" b
111 surscepeole persons. For mare . co ntact the county indoor ft CpA ty speCWW or other appropriate professional.
112- Buyer (_.,_ and Seller (,,_ j a koNisd8eMOW or copy of ft pag& which is Pape 2 d 7 Pages.
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118 & MA NTENIAAMIE, OWECTIONS AND FM AA SW r will keep the Property In the same condition from EteCt * Date urns
114 dosing, woo for rwTial weer and beer rmairawa requireff wn and repels mWmd by this COnlract 3eW will pvAde
11s access and utilities for Buyrlrs inspections. Buyer will repair all damages to the property resulting from the inspections,
1 18 return the Property to its pre inspeetion condition and provide Selby with paid receipts for all work done on Property upon Its
117 compl If Sa fer, u sing be st ef forts, i s unab to c omplete required repai o r treMments p rior to do sing, Se iler will ghe
lie Buyer a credit at closing for the cod of the repairs S@Nw was WOW to .
11s and treatment contracts to Buyer and provide Buyer with pald moeipts for al work done On the Property pursuant to the
12o terms of this ContracL pew,.t..
121 (a) Warranty, Inspection$ and PAVMlr.
122 (1) Watrarhty: Seller warrants that non - leased moo appliances and heating, cooling, mechanical, electrical, s9%ft,
123 spdr"w, septic and piurnblM systems. seawall, dock and pool equipment, if any, are and will be maintained in wo ft
124 condition until dosing; that the structures (including roofs) and pod. If any, are Btiucbxaly sand and watertight; and
in that tom or crossing pool cage and screen room screens and missing roof tiles wil be replaced. Sefbr does not waminnt
128 and is not required to repair ocernedc condition unless the c ownstic condition resulted from a detect In a warranted
127 item. Seiler is not obligated to bring any item into compliance with existing tJ OMV code nations unless necessary
128 to repair a warranted item. 'MlW&g c mc#tl ' means operating In the manner In which the item was designed to
129 operate and - cosmetic condlMW means aesthetic Imperfections that do not WW the woNng condition of the item.
130 including pitted mercite; maong or tom window screens; fogged windows; tears, worn spots and discoloration Of floor
131 coverings/wallpspemMindow treatments; nail holes, scratches, dwft, scrapes, chips and diking in bathroom
132 celling/walis/ flooring /tiloAxtures/mirrors; cracked roof tiles: curling or wom shingles; and minor cracks in floor
131 dedWgarage and patio floors.
136 (2) Profeesional Inspection: Buyer may, at Buyers expense, have warranted items inspected by a person who
196
in aid holds an occupational two of regured by law) to conduct home inspections or who hoids a Ronda
IM ioerise to reW and maintain the Items rMevied {"professional inspector'}. Buyer must, within 5 days from the end of the
187 Inspection Period, deliver written notice of any items that are not In the COrrdtlon warranted and a Dopy of the inspe010n3
130 written report. if any, to Seller. if Buyer tats to deliver *n* written notice, sayer waives SelNrt warranty and accepts
1M the items listed in sut paragraph (a) in their'a s is" condtiorm except that Seiler must meet the maintenance requirement.
140 (3) Repair. 591W will obtain repair estimates and is obligated orgy to make repairs necessary to bring warranted items
141 Into the conddiott warranted, up to the Repair Unit. Seger may, within 5 days from receipt of Buyer's notice of Items
142 that are n ot In fine condition werr anted, have a second inspeCtlon made by a pwilassional Inspector and will report
143 repair eamtes to Buyer. If the first and second Inspection reports differ and the parties cannot resolve the dlifererwes,
144 Buyer and Seiler together will choose, and equally spit the cost of, a third Inspector, whose written report will be
16 binding on the parties. If the coat to repair warranted Rams equals or is less than the Repair Limit, Seller will have the
1.e repairs made in a workmaniike mariner by an appropriately licensed person. K the cost to repair warranted items
147 exceeds the Repair Limit, either party may cancel this Contract unless either party pays the excess or Buyer
146 designa which repairs to mske at a total cost to Seller not exceeding the Repair Limit and accepts the balance Of
NY the Property in its 'as is" condition.
180 (b) Woo64)eettrOyMg Or 'Wood- daboyhp organism" means arltxxopod or plant He. indudng terates, powder-)M
151 beefy, ddhom borers and wood-decay" fungi, that damages or gnats seasoned wood In a struchre, a ck*V btoes.
152 Buyer may, at Buyers exptense and prior to dosing. have the Property I speoted by a Florida- loectsed peg 0 010 o business to
iw deterniv the existenoe of past or present wood -dent yn9 Organism Il ion and damage caused by IrMtation. K the
164 Inspector fads evidence of hfasMon or damage, Buyer will delver a OWY Of the rtspectors written report to Seger within 5
155 days from the date of the Inspection. tit Seger piecrbu* treated the Property for wood - destroying org8r*M &WW does not
Ise have to treat the Property again y @ there is no visible tive Inca ttki , and M SeW lransiers a current 1Ul tvatnhent warranty to
is? 9tyrer at dosing. Otherwise, Sder will hro 5 days Iran receipt Of fine IispectOrts report to have reported darnege Mmalad by
,se a ioensad bunting or general corhtrvcW and cCffSCM treeement esWnated by a Uceneed pest control business. Setbr will have
Ise trestra is and repairs made by an appropriately+ icsrtsed person et SOWt OKPOM up tD the WDO R$p* Um t. If the cost to
1so tread and repair the Property eocceeds the WDO Repair Um t, either pertY may pail the excess. feting which either party may
181 cancel this t bntract by written notbe to the OM.. taus to timely d the InapectorL� written report, OWN accepts the
182 MM ith rid 10 vti�nQ `^iP'�"' end damn e rt to 1h@ ma'rrienetve requirement. lee h It an +� yer faNsto o�ndixx ttlis ins pection, 8611Ar8 repair and maintenance obligators win be deemed ltdflled.
im 9. RISK OF L.= If any portion of the Property is damaged by fire or other calsudy before dosing and can be restored wiM
167 45 days from the Closing Oats to substarMaly the same condition as it was on EMWM Date, Selby will, at Seller's 8%penae,
,es rastore the Property and the using Date will be extended 8cco0 Seller will not be Obligated to r9plaoe uses. If the
1eo restoration Cannot be completed In time, Buyer may accept the Property 'as is", in which case with Selby will =d1t the
t7o deductible and assign the insurance Poceeds, if arty, to Buyer at dosing in such amounts as are 0) ante to the Property
171 and (11) not yet expended in making MPBlrs, failing which either party may cancel this Contract. If the Property is a
172 condonninium, this Paragraph applies anly to ft unit and GrWW commo elarnan>ts 4pMWIt to the Un t; if the Property is in
173 a ihomeowners' association, this paragraph wig not apply to corrxnon elements or rn>ICxeation or other facilities.
174• BLW ( ( ) and Seller' 1 � ) ( I aCiQhowlWM MOM of 9 MW of this aerie. which is Pans 3 of 7 Panes.
02/02/2007 16:46 FAX 386 668 2553 The Triece Company
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175 TITU
vre 10. TrM& Sager will oormy marketable tide to the Properly by swtu0ry warm ft deed or trustee, personal representatiMe or
1 77 guardian deed as appropriate to SeNeft status.
178 (a) Tide E vklerm Trite Wdenoe wit show legal ecma to the Property and marketable little of record in Seger In accordance with
Ire currant tile slarxlarJs adopted by the Florida Bar, subject only to the folaft title soaC®ptions, none of which prevent MICI ntlgl
1eo use of the PRmperV. omriai % eaemrents end restrictions of record; rr aft s of plat; Oftling EX" and 900nmt MPAWM
lei oil, gas acrd mineral rights of record ti there Is no right of entry; CLMA tamaa; mortOW that Buyer will assure, and
tax erlauribranCes that Seger will die hwp at or before doWo Seger wit. at West 2 days prior to Cosi g gurr+s
, ddkw to Buyer Ss
1s1 of one of the iblowing types of tine evidence, WhM mist be generally aooep in the county where the PMp" is boated
184 (speciry in Paagraph a(c) the selected W0. Seger wit use option (1) in Palm Beech County and option (2) In Mkffnl -Dade CW*
195 (1) A title insurance oonv nitmem I,sued by a Florida - licensed tine 1mww In the ar oint of the purchase pace and
166 suMec t only to title exceptions set loo in this Contract.
I (2) An existing abstract of title fFo m a reputable and existing abstract firm (if turn is not existing. than abstract crust be
16e certilfed as oorrect by an wdstirrg 1Nrrm) purporting to be an accurate synopsis of the WwMrrevts aifeodng tine to the
ua9 Aroperty recorded in the prplo records of the county where the Property IS loo W and Certified to Ofactive Date.
190 However, If such an abstrdot is not available to Seller then a prior ownerk title policy acceptable to the proposed
191 insurer as a bees for r8i93t1a<mee of Coverage. Seller will pay for copies of all policy exception and an update in a format
102 aaeptable to Buyer's dosing agent from the policy effectinee date and oenW to Buyer or Buyer's dosing agem
1939 together with copies of 8d documents recited In the prior policy and In the updft if a prior polcy is not available to
19m Seller then (1) above will be the titre evidence. Title evidence will be delivered no later than 10 days beldre Closing Date.
196 (b) Title Ekarttlrr tL- Bigler will eocarrdne the tide evidence and deliver written notice to Seger, within 5 days from reoeipt of
in title evidence MA no later than dosing, of any dereds the make the tide umr WketeM Seger will have 30 days from
197 recelpt of Buyer's notice of defects CCuretive Period) to we the defects at Seilarls eo"nse. If Seger cures the defects
lee weft the Curative Period, Seller will delver written notice to Buyer and the parties will dose the Vansacdw on Closing
lee Date or width 10 days from Buyer's recut of Seder's notice If Closing Dete has passed. H Sager Is unable to cure
2w da%M within the Onrative Period, Seger will deliver written notice to Buyer and Buyer will. within 10 days from reoelpt of
201 Seller's notice, either canoe! this COnaact or wco title with existing detects and dose the tran88iction.
202 (C) Survey: Buyer MWA at &WWs sperft ham the ftWV s v%W and delver wrkWn nonce to Seller, within 5 days irCm
2w re W of away but no lowthen dosing, of cry enc whrnents on the Properly enaroaImM by the Plop00 tnpnauerrrents
2% on other iends or deed restrictlort or zorft violaftu. Ary wdm aaoadmmamt or vUsIbn wg be treated h the same mernsr as a
an title detect and Buyer% and Sager"s ablgetions wit be deterrr>irmed h aeeotrlenoe with subperaWrptm (b) above. ff any part of the
206 11mi rty les seewerd of the coastal Corrstr join cwft i m Sewvril provide Slyer with an dddavt or survey as regaled by lent
2m def<mealing the W e's boadon on the pmped% uniesS Buyer w Aes this req Awnert in writing.
god MISCELLANEOUS
2w 11. EFFECTIVE DATE; TIME: The 'Effective Date' of this Contract is the data on which the last of the perrnes initials Or signs the
210 WW offer. Time is of ttw essence for all provisions of finis Contract. An time periods wig be computed In bursirmess days (a
211 'busyness day" Is every Calendar day except Saturday, Sunday and national Iegal holidays). nary date falls on a Saturday,
212 Str>day or nadCnal Iege1 holiday, pertowove will be due the next business day. AN time periods wit end at 5:00 P.M. local
213 time (meaning in the county where the Property is located) of the appropriate day.
214 12 NOTICES: AN notices will be made to the parties and Broker by real, PMWnd delivery or eleotronie media. BuyWB Ida
21s to doom belay wd#m nodoe to Seller, when such notice Ia required by this Cantraat, negardhg arty wNl
21s render that corrtltnBl my rug and void and the Conbio will be cmatrued as 9 � th , e ., c ,,, o � { n , � tl . � ngerm did not Wd$L Arfy I M I llm
217 dOCtirm t or hem gim tJD or received by an aslbpm" or BMW Wok ding a tea MOIllon txOwo repressnting a pa •7 will
219 be as efteotive as it given to or by theft prarhr.
219 1& COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seger. Except for ixokWW
no agreements, no prior or present aprasrns t will bind Buyer Seger or Brow unim irioorpmated into this Contract
221 Modiscations of this Cameo will not be badhg trrlurss In writing. signed or initialed and delivered by the party to be bound.
222 Sigriatt re% hltials, domiments referenced in this Contract, counterparts sod written modill or.9 communicated elecbmicaly
223 or on paper will be acceptable for all purposes, irncludng delivery. and will be birxiing. Handwritten or typewritten terms
224 in wW in or attached to this Contract prWM war preprinted femme. If any provision of this COnbW Is or b000mmes invaild or
2zs uner0creseble, all mnviNnp provisions will continue to be 1uly elfeotive. Bunter and Sager will use dMgwm and good faith in
22s paiomiiig all oUlga ions under ttis Agreement. This Contract will rat be recorded In any public records.
227 14. ASMNABIUTY, PERSONS BOUND: Buyer may not assign this Contact wittaut SeNees written Consent. The terrrns
rte " Buyer,* 'Seger," and " Broker° may be sirwW or plural. This Contract is binding on the heirs, Kind stn$ tors, executors,
229 personal representatives and assigns (if perrrikted) of Buyer, Seller and Brolaer.
2210 DEFAULT AND DISPUTE RESOLUTION
231 15. DEE•iA ". (a) Seger Default If for any reaenn other than Mm of Seger to make Sd*% title marketable elver cWgW OWL Seger
2a2 MIS, m1use8 or neglects to perform live Contract. Buyer may d=W to receive a return Of deposit without waiUring the right tD
2w seek damages or to seek spelt polorrtarloe as per PamgWh I& Seger *1 00 be dsble to BMW for the tun amount of the
2W Buyer and Schur' % 1( i0mowle" reoeiotof a aoav oflhleeaae. which is Paine 4 of 7 Paces.
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brokerage W. 0) Buyer Dew If Buyer tats to p6rbrrn this Contract WM the tme specflied, Uxiudng tlrrtely Payment of al depoels.
Seidler may choose to reftrn and coil) rt all deposits paid and agreed to be paid as quldsted damages or to seek specmc pertarrnarm as
per Paragra 16; and Broker wil upon demand, receive 50% of all depodls paid and agreed to be Paid (to be split equeb among
in &dot portion ofthe deposKswe go soI* to the listing broker) up to the full 8=0 of e b k r fee. a Comnrbr�enl.
16. DISPUTE REMLUnm* This CorlralCt will be construed under Paida law. All confroveers3ies, dams and other matters in
question amiairg out of or relating to this transaction or this C Y*W or its breach will be setiied as dolours:
(O Disputaa col mmi tug andit.w t ion deposits made and agreed b be ON Buyer and Setter vM have 30 days from the
date oonflloting demands are made to attempt to resolve tihe dspuro through rr g"lon. If that fails, Escrow Agent will
submit the dgxb, If so required by Paide law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Reel
Estate Cornrrnrsom Btrysr and S*W YA be bound by any resulting award, Judgment or0 Crier.
(b) All other disputes: Buyer and Seller wo have 30 days from the We a dispute arises between thorn to attempt to
resolve the matter through mediation. Uft which the pntrties will resolve the dispute through neutral binding arbitratktrt
in the county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not
provided for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact
and the cor*actual &ffalty on which It is based. if the parties agree to use discovery, it will be in accordence with the
Florida Flutes of (7tilt Procedure and time erbltrator will restive an discovery- related disputes. Arry disputes with a real
estate Iloonsee or firm named in Paragraph 18 will be subT tted to arbitration only if the licensee's broker consents in
writing to become a party to the proceeding. This cause WIN stAVi M dosing.
(c) Mediation and Arbitration; Expenses: 'Mellon" is a process in which parties attempt to resolve a dispute by
submitting it to an hnpartial mediator who Wiltates the M90lutbn of the dispute but who is not empowered to impose a
settlement on ft parties. Mediation will be In accordance with the rules Of the Amerlcan Arbitration Association ('AAA") or
other mediator agreed on by the parties. The parWs wE euaumily divide the mediation fee, if any. 'Arbitration" is a process in
which the parties rs,9olue a dispute by a hearing before a neutral person who decides the matter and whose derision 0
binding on the parties. Arbitration will be In accordance with the rules of the AAA or other arbitrator agreed on by the
parties. Each party to any arbitration will pay its own lees, costs and expenses. Including attorneys' fees, and will equaly
spilt the arbitrat ors' fees and administrative fees of arbitration.
ESCROW AGENT AND BROKER
17. ESCROW AGENT: Buyer and Seller authoiae Bcrow Agee trim receive, deposit and hold bids and other Mains in escrow and,
sweet to clearance, dstxm them upon proper a evrUgion and in accordance YA Rorlds law and the terms d this Contract.
Including dtsXNOV brokerage fees. The parties agree that Escrow Agent will not be liable to any person for misdeivery of OrAwed
Items to Buyer or Seiler, unless the misdeivay a due to Escrow Agents WWU breach of this Contract or gross nepbgenee. n Escrow
Agent intsMisads the subject Mauer of the escrow, Escrow Agent will pay the fling tees and Costs from the deposit and will reoov ar
m soneble attorneys' fees and coo to be paid from the waoWed finds or equivalent and charged and awarded as court costs in
favor of ft prevaing party All claims agenet Escrow Agent will be arbitrated, so bog as Escrow Agent consents to arbitrate.
270 18. PROFESSi0 & ADVICE; BROKER UAB UTV- Bicker advM Buyer and Seller to verlfy ar facts and representations that are
271 important to them and to oonsult an appropriate professbnel for legal advice for etempie, hterpreting contracts, determirirg the
272 eA'eot of laws on the Property and trarmsactlon, status of tilde, foreign i ester reporting regtiernents, etc.) and for tax, property
273 condition, owironmental and other advice. Buyer aduhowiedges that Broker does not reside In the Property and that all
274 representations (oral, written or otherwise) by Broker are based of Seller reprew tartions or public rgoords Buyer agdses to roily
m Solely on Seller, prole sinnel Inspeetor8 and gvwrmtwM age r>ctes for veditdJon of Ute Property oondlon, Square fboteae
276 and fact that mefarWly OW Propwty velue. 6uyet' and SeNar r 9spec:trvsly will pay ed costs end expenses. edudn0 reasonable
277 attorneys' fees at al levels, hatred by Broker and Brokerb ollloers, dfh'eriors. agents and employees In oorxtectbn wdh Or arising
ire from Buyer's or SNeft MWWWrsent or deluxe to perb M COO a Iual obligations. Bt6w and Seller hold harmless and release
279 Broker and Brdws ofboers, *rector% agents and eripioyseg from al dab * for loss or damage based on (1) Buyer% or Serer"s
2so misstaternent or faints to perform oontractuel (A perfortnenca, et Buyer's and/or Sslers request, d any task
291 beyond the scope of services regulated by oupter 476, F.S.. as arrrertded, including Brokuts referral, recornmendetbn or retention
262 of any vendor, (3) products Or services provided by any verhdor; and (4) expenses tncutned by any vendor. Buyer and Selhx each
tea assume fur responsiblilly for selectk and cMTOWISOV their respective vendors. This paragraph will not relave Broker of statutory
2s4 obligations. For purposes of this paragraph, Broker will be treated as a party to this Contract. This paragraph will Survive dosing.
m 19. BROKERS: The lioensee(s) and brolaerage(s) named below are coleedveyr referred to as Broker." Instruction to Clceinp
266 AMM Seller and Boyer direct Cktehg agent to disburse at dosing the AA amount of the WOW fries as specNfed In Separate
287 brokerage agreements with the parties and cooperathe agreements between the brokers, except to the extent Broker has
286 retained such fees from the escrowed funds. In the absence of such brokerage 89reements, C10Wg agent will CISM 3e
20 brokerage lees as indcated below. This paragraph will not be used to modiy any MLS or other filer of compensation made by
290 Seller or Istng broker to 000pera" brokers.
291• Bunton( ) ( ) and Soler 1( 1 ackrhowieddcra ru9oeot d a 000v dthis peas. which is Page 5 of T Paces.
The Trlece comparl
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2% ADDENDA AND ADDMONAL TERMS
297 20. ADDENDA; The kgow'rxg adJtionaf terms are hcIudW in addetxia and irr c posted M #us Corow Vvck 4 epptabLqk
2se• 0 A. Condo. Assn. 4 H. As Is w /RlV to h8pac.`t
Q 0. Merest- Beating A=)unt
0 V. Prop. Disciosue Stmt.
24g• Q B. Horneow ws' Assn. Q I. Inspections
Q R Back -up Contract
Q W. FFP'TA
3w- 0 C. SeW Fxerteing 0 J. kWation Disclosure
Q Q. Broker - Pets, int. in Prop.
)(X. 1031 Exchange
3o1 Q 0. Mot. Assumrpbw O K. Pre•1978 Housing Stmt. 9F)
❑ R. Rentals
,)(Y.. A�dtionat Clauses
3m- Q E. FHA SrwcN O L. lnsr.rrar w
Q S. SalwLease of Buyers Property
Q Other
our Q F. VA Frorrcing D M. Ho-,skV Older POW
Q T Rezoning
Q Order
3o4• Q G. New Mort. Rates Q N. Unimprov WAg. Prop.
0 U. AssWment
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"- Z. ADDITIONAL TERMS:
3 X'1. option payment by Buyer- Buyer shall pay Seller the sum of $ 3
307 not later than five (5) business days from the Effective Date started
306 ' below. This payment shall be for the exclusive right to purchase the
W property in accordance to the price and terms contained within this
310 *contract, for a period of 90 days commencing on the Effective Date state
371 - below. Buyer Burst notify Seller in writing within the 90 day option
312- period, if buyer will proceed to purchase the property in accordance to
313 the price and terms conta ined within this contract. i f Buyer elects not
31s. purchase the property, both parties shall be released from any
M .obligation to the other in this contract. Seller shall retain the option
317 payment as compensation for the grant of option to the Buyer.
318.2. inspections- Buyer shall have the right to conduct inspections of the
31s- property including survey, environmental, termite and all other as
3v determined by the Buyer as necessary during the 90 day option period.
32v Seller shall have no obligation to cure any matters demanded by Buyer as
3w the result of inspections in accordance to this contract, until written
3 m' notice is given to the Boller, that Buyer shall purchase the property,
324 'thereafter the Seller shall proceed with cure(s) demanded by the Buyer in
3 �' accordance to the term contained within this contract.
32x•3. closing Date- The parties agree that closing will occ not later than
327* 30 days from the date of written notice provided by Buyer to Seller, given
=* within the 90 day option period, or within any option extension period,
U91 that Buyer has elected to close on the purchase of the property.
3°,4. The Seller will not lease, or permit any other party to occupy or use
.the property for any purpose during the 90 day option perio , or any
33; .subsequent option extension period. iK
,,,.5. Buyer has the right to extend the option period foAadd ti al 30 day
.periods, following the 90 day option period, provided the Seller is
noticed by the ing of the request to extend the option period
and is paid $ # 000.00 per 3 day extension period, prior to the
exp ra on day option period, or any subsequent 30 day
339•option extension period. option payments are not refundable to the Buyer
'and shall not be credited to the Buyer's account at closing as part of the
341• purchase prase.
342'6. Buyer shall pay The Triece Company a real estate commission of 2 % of
343 'the purchase price at closing on the purchase of this property in
34 '`'accordance with the contract for real estate services between Buyer and
SW The Triece Company.
sae•
347'
02/02/2007 16:48 FAX 986 868 2559 The Triece Convan9
QD 007
34P ms is h landed to boa leg* bh tg en ibact If not A* utderst 4 seek file advice of an attorney prlorto sigrtirtp.
mo OFFER AND ACCEFIAME
3+e1• (Check If appiloable: O Buyer received a written reel property dsokxR" staternent from SeNer before making this OfW)
m2 Buyer dlsrs to ptxcttase the Property on the above temrs and oon6 OM UNess tfris Co Vact is Signed by Seller end a copy
353• delivered to Buyer no later than O a.m.0 p.m. on this Offer WH be revoked
361 and Buyer's deposit mUxfed Subject to clearance of funds.
365• Date: OIL �'� • '
Buyer : ._.,.,
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COUNTER OFFERMI JECITON
3W glie r counters &W% oiler Ito accept the f3t
=- A!Z W m ust so or initial the cCtxtter o far ed terms and delver a copy
ew S Of the acceptance to Stier by 6:00 p.m. on , __) . O SaW rejects Buyer$ offer.
3W 1 Effective Oft 2 1 1 {� � Z Me d6tb on which the Ind party signed or Misled acCep4 a - of the frtai offers
vi Buyer L— —J U and Seftr t___J U adam tedge receipt of a copy of this page, which is Page 7 of 7 Paps.
nw Fb Aeeociam a Rvam" &mtVAsmcWJm a Fmw= make no in a rw in
a ri . MW s �e1ry e I$ n ot t* e war m e t FWu a ours oow mnr�rvaet ffwk m b* � a+yby mW mmk*
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The capynpin � a ri. urisd 8tdos nr us. coati raotd n. ueutrwxrad �.aoci,rson or trwc brmra byary morns M+duaMg raawrira orcarpuatud torrrr.
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This software is licensed to (Stow n Triece - TM Triece Ca pang) wM Anstanetferse.eom.
02/02/2007 16:49 FAX 988 888 2559 The Triece CompanY Q008
1' The Clauses below will be incorporated into the Contract between Mitolloll xeaaaa, a Simla =a (sow
r and fait= of Sanford (8tyer) concerning the Property described as
3 1111 Lake A"Mue saaford. ry. only If initialed by ail parties:
4• (___l (--) - ( X T. pezatNrtg: Buyer will have until to obtain the following
6' zoning for the Property from the appropriate government agency: Zoning for use of the Property 85
6' ..Sailer will Sign so forms
7 required by the government agency. Bulger will pay all costs associated with the rezoning appNcat and proceedings. If
9 rezoning is not obtained, this Contract will terminate end Buayer's deposit will be refunded.
g ( — j (_„.) - ( ) U. Assigntmer* Swan agrees that BW&r may assign this Contract to
11' Buyer will delhrer a Copy of tare assigrment to Seller and 0 vA o will not be released Imm the duty to perform this Contract.
1r ( 1(_J - ( x ) v Property obcbsum Staew=* This offer Is contingent on Seller completing, Sigrft and
13 delivering to Buyer a written mnmlel property disclosure statement within 3 days from EflecOve Date. If the statement diSdOees any
1 male" k tonration about the Property that is uneccepW* to Buyer, Buyer may cancel this Contract by written notice to
1s Seller within 3 days from receipt of Seller's written statement.
1e' (_.� f._.0 - (___ x 1 W. Foreign Inved#mwd in Real Property Tax Act (TIRPTAnp If a Seller is a "foreign person' as
17 defined by RRF'TA. Section 1445 of the Internal Revenue Code mquirmes Buyer to withhold 10% of the amount realized by the
1s Seller on the transfer and remit the wlthheld amant to the Internal Revenue Service (IRS) unless an exemption apples. The
1 9 primary exemptions are (1) Seller provides Buyer with an affidavit the Seiler Is not a 'foreign person", (2) Seller provides
20 13LW with a Withholding Certificate providing for reduced or eliminated w o#Wdhg, or (3) the grass sales price Is $300.000 or
21 less. Buyer is an individual who purchases the Property to use as a residence. and Buyer or a member of Buyers family has
22 definite plans to reside at the Property for at least 50% of the number of days the Property is in use during each of the first two
23 12 month periods after transfer. The IRS MgLkW Buyer and Seller to have a U.S. fecWd taMWW identification number
24 (MNI. Buyer and Seiler agree to execute and deliver as directed any inslrurnent, affidavit or statement reasonably rrewssery
25 to comply with FIRPTA requirements including applying for a T1N within 3 days from Effective Date and delve" their
26 respective 11N or Sociiel Saintly numbers to the Closing Agent. N Seller applies for a wdtl>fmoidng cerdficate but the appall n
27 is Ste pending as of dosing, Bayer will place the 10% tax in Nam at SgNK% emxpBnSe to be disbursed in ado Mwmce with
2e the Thal determination of the IRS, provided Seller so requests and gives Buyer notice of the pending application in acoordence
29 with Section 1445. K Buyer does not pay sufficient cash at cbsing to meet the withhokditg requirement, Seller will deliver to
30 Buyer at dosing the additional cash necessary to satisfy the worement. Buyer wil timely daburse the fends to the IRS and
31 provide Seger we copies of the tax forms and receipts.
3r f__) " - ( _y ) X. 1 o3i Exchange: M either Seiler or Buyer wishes to enter Into a like -WrKJ exchange (either
33 simultaneously with Closing or after) tender Section 1031 of the Internal Revenue Code rExchange "). the other party will
34 cooperate in all reasormable respects to effectuate the Exchange Including executing docxnme ft; provided, however, that the
36 cooperating party will incur no liability or cost related to the Exdlartge and that the dosing shat not be cMVV M upon.
36 extended or delayed by the Exchange.
3r (,,,_ j (� - ( X ) Y. Addt wW C19uns
3e'
39'
40'
41'
42'
43'
44'
4W
4W
47'
49'
49'
W
51•
br
63'
64'
66•
Sb'
67'