_-. STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL RE q FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. FDBPR Case N° 98-83967 ROSE CHEVALLIER, | | | Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Rose Chevallier (hereinafter "Respondent" and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State ~ ‘of Florida, in particular § 20.165, Fla. Stat. Chapters 120, 455 and 475, Fla. Stat., and the rules _ promulgated pursuant thereto. . 2. Respondent is and was at all times material hereto a licensed Florida real estate salesperson, issued license number $L0593901 i in accordance with Cha t 475, Fla. S 3. The last license issued was as a salesperson “Select Boca Inc., 21301 Powerline Road _ a 06, Boca Raton, lorida 334833-231 1. FDBPR v. Rose Chevallier Case No. 98-83967 Administrative Complaint 4. The Respondent represented a potential buyer, Yrma Larame (“buyer”), in a real estate transaction. A copy of the contract for se sale and purchase dated J anuary 31, 1998 is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. The buyer placed a $500 escrow deposit for this transaction with Respondent’s office. However, the seller did not accept this initial contract. 6. This deposit was then used towards a second real estate transaction. A copy of the second contract for sale and purchase (“contract”) is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. The buyer placed an additional $2,000 escrow deposit with Respondent’s office for this contract. 7. However, during the course of the second contract, the Respondent collected a check in the amount of $500 from the buyer. A copy of the draft is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. Pursuant to information and belief, the Respondent also collected a cash payment from the buyer i in the amount of $235. The Respondent represented that these additional funds were necessary for services in the new real estate transaction. to place these funds with her broker, and failed to notify her 7 broker of these funds. 9. The contract failed to close due to problems with the lender’s office, and the property was sold to another buyer. Respondent’s broker refunded the $2,500 escrow deposit to the buyer. aero vo . ted FDBPR v. Rose Chevallier Case No. 98-83967 Administrative Complaint However, the Respondent failed to refund the $500 and $235 funds to the buyer, and failed to provide evidence that these funds were used towards any services in connection with the contract. COUNT I Based upon the foregoing, Respondent i is guilty of fand, mistepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of § 475.25(1)(b), Fla. Stat. COUNT II Based upon the foregoing, the Respondent is guilty of having collected any money in connection with any real estate brokerage transaction except in the name of the employer and with the express, consent tof the ‘employer i in violation of § 475. 42(1)(d), Fla. Stat. and therefore in violation of $475. 2501), Fla. Stat, WHEREF! ORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department 0 of ‘Business and Professional Regulation, as ‘may be ‘appropriate, to issue a Final : Order as final agency ‘action finding the Respondent(s) guilt as char ed The penalties which may ‘be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the - offense(s), include: revocation of the license or registration or permit; Suspension of the license. 2 registration or permit fora period not to exceed ten (10) years, imposition of a an administrative fine of up to $1, 000 for ‘each count or offense; imposition of i investigative costs; issuance eofa a reprimand; imposition of probation subject to terms including, but not limited to, requiring the 3 _FDBPR v. Rose Chevallier ; : Case No. 98-83967 Administrative Complaint licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of i investigative costs; issuance of a a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this_ /7 & day of Beovsy , 1999. Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate vu _ “ FDBPR v. Rose Chevallier Case No. 98-83967 | Administrative Complaint , i ATTORNEY FOR PETITIONER Sunia Y. Marsh Florida Bar N° 0068896 Senior Attomey, Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 i (407) 317-7260 FAX SM/k PCP: DS/VS 8/17/99 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. REPRE R HET PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this Inatter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. os PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights a form or some other responsive pleading with the Petitioner within twenty-one (21) days of i oe _receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate _ Commission a motion requesting an informal hearing and entry of an appropriate Final Order t Which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. _ ontract ror. Sale and Purchase: 0,» FLORIDA ASSOCIATION OF REALTORE® ANDTHE FLOM panties: FOley. Terence--O. and: Susan antana ot and fa Larame SCRE fi _ _ a =" tauer. ne That Sofor hai gol and Baporsh I buy tho Tolowh Fr a va ane hereby agree that Sollor soll a uyer shal 10 ing doscribod Real Proporty and Porsonal Property (collectively “Pronerty’) upon tha following terms and conditions, which Include Standards for Rent Estate Transactions (‘Standard(s}") on the raverso sido hereof or attached hereto and riders and addanda to this Contract tor Sale and Purchase (‘Contmct). : Loe i weceayt . . i Me : a (a) Legal description of the Real Property located in_ “Palm Bch “+ (0) Stroot addross, city, zip, of tha Property is: 61-7 _S. 12th st Lantana -Fl 33462 ‘ - . . (9) Porsonal Property: Refrigerator, range, dishwas : icdls’fixture Tae i, PURCHASE PRICE: bcc PAYMENT: : area " ——— ee we (eh Dopost heldin escrow ty RE/MAX Select “Boca Sn pamountot 3500-00 — (b) Ackivonal oscrow deposit io be made within __8 days altor Elloctive Dale (as datined In Paragraph lid tie amount of“ SE ctatets $2000.00 {c} Subject to AND assumption of existing mortgage in good standing in lavor of tac.’ : o . . : . ~ ann nen kak having an approximate present principal balance of sscssncceuceed (d) Purchase money morigage and note to Sollor (soe addendum) In tho sMOUNL Of ean, ae (0) Other: D $ 5.89060 ()) Balance to close by U.S, cash, LOCALLY DRAWN certified or cashiér’s chock or third-party joan, subject to adjustments Of prorations ese $ 00000 ill, TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: I{ this olfer in not oxecuted by and dellvored to all parties OR FACT OF EXECUTION communicated in writing betwoen the parties on or before __] = =. the doposit(s) will, at Buyer's option, ba returned and this offer withdrawn. Tho date af Contract (Elfective Data”) will ba the date when tho last ono of ho Guyor and Seiler has signed this oflor, A facsimile copy of thls Contract and any signaturos hereon shall be considered for atl purposes as originals. 1.” FINANCING: i . . . {a} It the Purchase Price or any part of itis to ba financed by a third-party loan, this Contract Is conditioned on Buyer obtaining a written commitment within3 O__ days atter Effective Date for (CHECK ONLY ONE}2O a fixed; Q/an aojustable; or Q a flxad or adjustabid raia loan in the principal amount of $ 85,500.00 at an inal interest rate not to exceedp 7%, discoull end originalon foas not to oxceod n/a % of principal amount, and for a term of 3.0. years. Buyer will maka applicallon withir___ days after Elfective Date ard use reasonable diligence to obtain a loan commitment and, theroalter, to satisty terms and-conditions of the commitment and close the loan. Buyar shail pay alt loan expenses. If Buyer fails to obtain a commitment oF [ails to waive Buyer's rights under this subparagraph within the time for obtaining a commitment or, atter diligent eflort, falls to meet the terms and conditions of the commitment, then either party thoroalter, by wrilten notice lo the other, may cancel this Contract and Buyer shalt be refunded the deposil(s); or (b) The existing morigage described in Paragraph il(c), abova, has (CHECK ONLY ONE): a variable tntorost rato; of Qa fixed interest rato of _py_/ a. % per annum. At time of tite transter, some {xod interest rates are subject to increase; il incroased, tho sate shall not exceed 1 / &% per annum, Seller shall, wil days aller Elloctive Date, furnish a Statement from each morigage: ting tho principal balance, method of payment, interest rate and status of morigage. if Buyer has agreed io assume a mortgage which requires approval of Buyer by the morigagee lor assumption, thon Buyor shall promply obtain tho necessary application and diligently complete and return it to the morigagee. Any mortgages charga(s) not to exccod sofa shall bo paid by Buyer. If Buyor is not accepted by morigagee or the requirements for assumption aro nol in accordance with the terms of this Contract or mortgagee makes a chargo in excoss of the siated amount, Soller or Suyer may rescind this Contract by written notice fo the other party unless either ‘elects to pay the increase in interost rate or axcoss morigago charges. Boeke ¥. TITLE EVIDENCE: AI lonsi 1O__ days botore closing dato, but no earlior than _3__ days alter Seller recolves waittan nolfication that Buyer has oblained the toan commitment or has bosn approved lor the loan assumption as provided In Paragraphs 1V(n) oF (b), above, of, if applicnble, walved tha financing requiremants, (CHECK ONLY ONE):{R Setter shall, at Seller's expanse, Gelivar to Buyer or Buyers atlomey: or C2 Buyer shall at Buyer's expense oblain (CHECK ONLY ONE}: O abstract of litle: or © tile insurance commitment (wilh legible copies of instruments listed as exceptions attached thereto) and, alter closing, an owner's policy of tille insurance. * + =! + sows : oe : Vi CLOSING DATE: This transaction shall ba closed and the deed and other closing papers delivaredon_3~4-98 -_-“‘untess moditiod by other provisions of this Contract. Vil. _ RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shail taka tlle subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements Imposed by governmental aulhonty; resttictions and matters appoaring on the plat or otherwise common to the subdivision; Public utility easements of record (easements are to be located contiguous to Beal Property tines and not mora than 10 feet in width as to the roar or front tines and 7 1/2 feet in width as to the side lines, unless otherwise stated herein): laxes for year of closing and Subsequent years; assumed mortgages and Purchase money mortgages, i! any (il additional items, sea addondum); provided, that there exisis at closing no violation of the foregoing and none provent use of the Property for'_ReSidential en eC - purposets). Vi OCCUPANCY: Seller warrants that there ara no parties In occunaney othor than Seller; but if Propotty Is inlonded to be rented or occupiod beyond closing, ha fact and terms thereot and tha tenafi(s) or occupants shail be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyar at time of closing unless otherwise stated herein. if occupancy is to be delivered belore ciosing, Guyer assumes ail risks of loss to Properly (rom dato of occupancy, shall be responsible and lable for maintenance Irom that date, and shall be deemed to hava accepiod Property in ils existing condition as of time of taking occupancy tiniass othorwiso sialod horain, Lee adie . 1X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typowtiiten or handweitien Provisions, ridars and addenda shall contro! all printad provisions of this Contract In conttict with them. X. RIDERS: (CHECK those riders which are applicable AND aro attached to this Contract): te (2) Q COASTAL CONSTRUCTION CONTROL LINE (0) QVNFHA (9) Q HOMEOWNERS’ ASSOCIATION DISCLOSURE (b) Q CONDOMINIUM {c} INSULATION —_(h)>{2 RESIDENTIAL LEAD-BASED HAZAAD DISCLOSURE (c) © FOREIGN INVESTMENT IN REAL PROPERTY TAX AGT _ ( ar-asis™ t) ace Xt, ASSIGNABILITY: (CHECK ONLY ONE): Buyer Q may assign and thereby ho released from any further liabilly uncier this Contract: May assign but not be released from liability under this Contract; 0921 may not assign thls Contract. : 4 ; : Xt, DISCLOSURES: oat cmv wane one L {a} Radon Is @ naturaily occurring radioactive gas that when accumtiated in a building in sullicient quantities may present health risks to persons who are exposed to It over time. Lewnls of radon thal exceed fedaral and state guidelines havo been found in buildings in Florida, Additional information rogarding Radon or Radon testing may bo obtained from ._ your County Public Health unit, : {0) Buyer may have determined the energy eificfoncy rating of the residential building, it any Is located on the Fleal Property, .»_{} it the Real Property Includes pre-1978 residential housing then Paragraph X (h} Is mandatory. Xill,____ MAXDAUM REPAIR COSTS: Seller shall not ba responsible for paymenis in axcoss of: as _for treatment and repair under Standard D (jl blank, thon 2% of the Purchase Prica), (6) so for repalr and replacement undor Standard N (if blank, thon 3% ol tho Purchase Price). XIV, " SPECIAL CLAUSES; fi DA: ‘be provided, attach addendum and CHECK HERE Q. iy THIS IS INTENDED TO BE A LEGALLY BINDING CONTAACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING, R. E "enct should be accepted by the parties in a particular transaction. Terms and conditions should be negotiated based upon tho respectiva interests, objectives and bargaining positions of all interasted persons. - COPYRIGHT 1995 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS . ] 1 . are L QA rayeyan LL ALG {Buyor), . (Dato) (Sollor) (Date) Social Security o7 Tax .5. 8 Social Socunty or Fax 1.0. (Dato) (Sollor) . {Cato) D - - Socal Security of Tax .D. # — eee Depobif brder Paragrapn it (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE, : GROKER'S FEE: The brokors named below, including listing and cooperating brokers, are the only brokers entitied to compensation in connection with this Contract: (Escrow Agent) Name: , ‘ Ro. Listing Brokor Cooperating FARIBAR-A Revised 1295 RIDERS GAN BG OBTAINED FROM THE FLORIDA ASGOGIATION OF REALTORS® OR THE FLORIDA BAR oe Sooeee . 7 ne re ac oma) é fe Ceo nnd gece HL TA . EVIDENCE OF TITLE: (1) An aby trac of tia prepared or Brought current by a reputable and ‘existing abstact firm (4 not existing then cartfled as correct by an axisling frm) purporting 3g an accurate synopsis of (he insuumoms affecting te to the Real Property recorded in the pubic records of tne county wheren ine Real Proparty ws located twough Etlectye Dale. it Ws commance with the earvest puDIG records, oF cuch later date as may be Gualomary In tho county. Upon closing of this Contract. the abstract shall become ‘property of Buyer, subject Ta night of relantion Yibieo! by first mortgagee Unt fuily pad. (2) A fille + "qnce.commitnant issued. by a Flonda icensed ulle maurar agreeing to ies” “t, upOn reconung of the 3 to Buyer, an cwners policy of tile insurance In the amount of the Proce, insuang Buyer's tile to Ihe Real Property, subject only to liens! excepions oF aiications provided in this Contract and those to be wischargad by Sole belore closing. Seller ghall convey marketable Ute sudjéet ony to liens, sxceplons or aldscavons provides | this Contract, Marketable tle shall be determined according 10 applicable Tite Standards adopted by authority of The Florida Bar anc in accordance wah lew, Buyer WW have 30 days, # abstract, or $ days, Uf tive commibnent. Irom date ol recaming evidence of Hua to examine I. I Uile 1s found Gefecuve, Buyer shalt wittun 3 days thereatior, nouty Soller welung specdying tne Ceteck(s}. if dotaci(s) rendor Ue unmarkatabla, Sollor will hava 30 days from Faceipt of police to remove the defects, failing which Buyer shall, wihun five (5) days 3 expiration of the thirty (30) day period, deliver weitten nauce to Seitor oither: (1) extending the Ume for a reasonable period not to exceed 120 days willwn which Seller shail use asgent [110 remeve fhe cefects: or (2) requesting a fetund of déposit(s) paid which shall be Immediately returned to Buyer. If Buyer tale to so notty Seller, Buyer aha) be deemed to have sOpled the tila as ut then 1s, Seller shail, if ttle ig found uamarkotable, use dugent affort to correct dalect(s) within the tm provided thereior.if Sellor ie unable to timaly correct the detects, ‘vor shall ether wave the detects, or receive a ralund of depasit{s), thereny taieasing Buyer and Sailer from’ all furtherobligation under this Contact. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Soller shal provide lor a JO-day grace. penod in te ant of Getauil H @ first Mortgage and a 15-day grace penod i! a Second or leaser mortgage; shail provide for right of prepaymentio whole oF in part without penalty; shas permit accoleraton “vant of irensfar of the Real Propeny, shall require ail ovtor Wene and encumbrancas to be keot in 900d standing and forbid modifications of o¢ future advancas under prior morgage(s), at require Guyer to maintain policies of méurance conlawnung @ standard morigagoe clause coverifig ll impravements located on the Real Property agamst kre and all perils inchded wither ‘term “extended coverage endorsements’ and euch other asks and perils ae Spllog may reasonable requisa,in an amount equal ta thelr highest incurable value; and the mortgage, nove a secu y soreement sae ouenwiee in foim and.conient tequired by Sater, Dat Soller may.only require.clauses and caverage customanly iound In morigages, morigege noias and ‘sawngs snsututions or stale or nauonal banks located in the Float tad. Alt a er Sannraly witzad by savings an inten ea K In the county wherein the Feat Property is loca Personal Property ard eases Ed te periodic payments thereon. * SURVEY: Buyer, at Buyers expense, fidence of ou and to examine cama, may have the Ross Property surveyed and cortified bya regaiered Florida, ‘Veyot If lho surve, discloses encroactimehis on the Real Property of that enprovaments located sheréon encroach on setback lines, easements, lands of otners or Molate any resiriciiona, ftract covenants or applicable yovornmeniai raquiaton, the samo shall constitute a,uile dntect, TERMITES: Buyer, at Buyers expanse, witten the Ue aliowad Lo doliver ovidenos af hilo, may have tha Property insoectod by @ Florida Cortfied Post Contol Operators COnaratot’} to terrane df there 1s any visible achve termite infestation or wsible damage {rom termite infastation i the Property, Il eller or botn are found, Buyer shail have 4 days trom date of wrtien ce theroot within which to have cost of treatmont, f required, estimatod by the Operatar and ait damage inspected and estimated by = kcansed bulider or general contractor, Seler aha y valid costs of treatment and rapair of ali damage up to he amount provided In Paragraph Xili(a), jf estmated costs exceed that amount, Buyer shall have the opton of canceling ts. tract within 5 days alter receipt of contractor's repair estimate by giving writen notice 16 Salier or Buyer may elect to proceed wilh the {ransaction, and racewe a credit al closing on the sunt provided in Paragraph XIll(#), “Tormites* shall be deemed {0 include ail wood destroying organism reared to be reported under the Florida! Pest Control Act, a3 amended. INGRESS ANDO EGRESS: Seller wastants and rapresenis tat there is i ingroas and agrass to He Real Proj is i ut chi ib ‘st accordance with Standard A’? RE be Te eee pe Satter soa ned ~ LEASES: Salier ghall, not leas than 15 days betore closing. Tucelsh to Buior co x of at Yinen leazas and estoppat laters from each tenan ebecilying the nature and durason ol the \snt's occupancy, rental rates, advanced rent ang secudy epasits pad by tenant i! Seiler w unabie to obtain cuch letier {rom each tenant, the same wlormabon shai be harashed by Gi ae Ba ee tier gnintte fy Geek ential fae nniae ia, Soinge and assign ai Gina eaeen io Buys we PLNGE OF CLOSING: Clasng anal bo hos buccouney wrrarain tha Peael opartysoleessind su Wat aion ad be chomyor ober ery apent Gougnsted by Baler" Aids camping Ue pains tsa hn x (6) cay Saturaye, Suna are! vl Paona faa Poay hab tela yt Pastas Pro Dron wich alae 18 Saturday, Sunday, oF a togal holiday shail extend to $:00 p.m. of the next busuness day, Time Is of the essence In this Contract. rato y OOGUMENTS FOR CLOSING: Seller shail turnish the deed, bill of salo, construction lian affidavit, owners possession affidavit, assignments. ot tosses, tanant and mortgages, stopp Jars and corrective instruments, Buyer shail furnish closing slatement, mortgage, mortgage nole, zecixily agreement and financing slatemnents, «en 1 fas et He rane eet | . EXPENSES; Documentary stamps on the deed and recoraing of corrective instrumonta shall be paid by Seller, Documentary slamos and intangible tax on the purchase maney morgage ia Mary miortp Ge anetimee. ‘8nd recording of purchase money mortgage to Seller, daed and financing statements shail be oaid by tne Buyer, Uniess otherwise provided by law of ricer to se Contract, charges for the folowing related Ute varices, namely or abstract charge, Ue examinaton, and satlementiand closing fee, shal-be paid by ihe party sespansibie for tha tle evidence in accordance with Paragraph V, = e1EUE LS OEE (Y SIGH 98 60 ie BE pte HUJOTS AEPRUAPIG AERO YoreqUy MTACs LOL DoaL Gy CO7:I2 Fg “PRORATIONS: CREDITS: Tazo, axsassmena. er. unmet Insurance and othr wxerase ol tha Property anal be peated fvowpn he dey beloe dosing Bure anak eve fm option taking over exisling policies o! insurance, ¢ assumable, in which event premiums shall be provated. Cash at coang shall be inccoesed or octessed as may be requied by promtions to 2: 3 Miade through day prior to Goaing or occupancy if occupancy occurs bolore closing, Advance, Font end pecusty depouts wil be crediad jo Buyer: Bacto Gappalts held by mortgages wilt * v eredted to Soller. Taxas shall be oforated bated on the current year's tax with Gue allowance made for maximum all lowable cisoount hommesised end ouver examotene & dosing occurs 0 Gate whan the cutreni yeare millage « not fixed and Curtont yoars aaannsmont ly evallAble, taxes will be prorated based wpon such estetament and Onior year’s Millage. if current years ssseemeri a nat svalaite, Cron taxes wil be proiag on peor years tax if to tee cammplated improvements on the Real Property by Jencary 16 ok yeas of Coan, wich imerovernenta ‘ore'hot In exsionce on January 13t of prot year, then taxes shall D6 proralod based Upon prio year's millage and at an equitable assessment to be agreed upon between the parbes; ung which. requesz ehal be made to the County Property Aopraiter for an intormal ascessment tang into account aveuiabie exomptons, A tax proretion bated on an ectmate shall, al squest of either party. be raadjusied upon receipt of tax bul on condition shat a slatement to thal effect ls signed at closing. L SPECIAL ASSESSMENT LIENS: Certthed, confirmed and raUllod special asseqsment-tiens as.of date of.closing (not at. «/ Elective Dale) are to ba paid by Seller. Pending ions 98 of ate of coming shal be assumed by Buyer. the Improvomart has bean subslantaly combleted &3.0{ Effective Dale, any pencing Jen shall be considered certiied, coniimed oF rallied erat aller shail. 81 closing, be charged an amount equal to the last gsumiata or aeaossmant for the Improvement by the public body. - INSPECTION, REPAIR AND MAINTENANCE: Sollor.wasranis.that, os ol- 10 daye-ptor to. dosing, the Cound, roo! (neluding the fascia and softs) and anterior and Indenor wali, sundason, seswails (or equivalem) and dockage doriot have any VISIBLE EVIDENCE of leaks, wales damage o¢ structural damage and tat the sepic tank, poot, all apokances, mochanice! emna, heanng. cooling, electrical, plumbing sysiems and machinery are in WORKING CONDITION, The foregoing warranty shall be kmited to the Keme specdied unless otherwise provided van addendum, Buyer may, at Buyer's expense, have inspections made of thase items by’ firm or Individual specializing in home mspections and-holding an occupational license for such 2 Seller auch tems that do not meet the ebove standards at 10 dotects, Unions Buyer tmaly reporis such defects, Buyer shall be Geerned to have waned Selle’s warranties as to detects ‘ot reported. {f repairs of replacements ase required to comply with this Standard, Soller ahall cause them to be made and shail pay up to (re emourt provided in Paragraph XII). Seller 3 not required to make repairs oF repiscements of 8 cosmeuc nalure uniess Caused by a Gefect Saller is rosponsibie to repair of replace. If the Cost for such repalr Of replacemard ex0800s- ‘nw amount provided in Paragraph. XiNI(b), Buyer or Soller may @lect to pay tuch excess, falling which ether party may cancel tis Contract. It Getter ts unable to correct the datacts prior to dosing, @ie cost thereo! shall be paid into escrow al closing. Seller shall, upon reasonabie nollce, provide ublties sorvice and access to the Property for Inspections, Including a walk-through 2 itor 10 Gosling, to confirm that ail lems of Personal Property a7@ on the Real Property and, subject to the foregoing, that a required repairs and replacements have been made and that he Property, inciuding, but rot limited to, lawn, shrubbery and pool, If any. has bean maintained In the condition @using a3 of EXective Date, ordinary wear and lear excented. >. RISK OF LOSS: If the Property is damaged by fire o other casually betore cloting and oast of restoration does not exceed 3% of the assessed valuation of the Property 80 damaged, ‘set ot restoration ehall bo ‘an obligation ol the Sailer and closing shall proceed purouant to the terms of this Contact wil fasiorauon costs escrowed i cowng. it the cost ol resiaveaon sxoeeds 3% o! the anseused valuabon of tie Property 60 damaged, Buyer shall have me option of either taking tie Property as um together waln enher tno 3% OF any wsurance proceeds >ayable by virtua of such loss of damage, or of canceling tus Convact and recaiving return of the daposit(s).. . 2, PROCEEDS OP SALE; CLOSING PROCEDURE: The ceed shail be recorded upon clearance of funds, If an abstract of tue has been fumlshed, evicence of bie shall be continued at Buyer's expanse to show bila in Buyss, without arty @ricumbsarices ‘or change which would render Selle’e tite unmarketedle {ror The date of the bast evidence. Ail Gosing proceeda ahail be Seid in eacrow by Seilar’s attorney of other mutually acceptadie @scrow agoril for a panod of not more than 5 days afler Closwig Gale. if Seller's Ue is rendered unmarketable, through hn. “ aull of Buyer, Buyer shall, witnin the 5-day penod. notily Seller in writing of the defect and Seller shail have JO days {rom date of receipt of such Nolificalion 16 Guire the Gotect. H Seller tals _, 2 Unely cure tha detect, ali deposit(s) and clozing funds shall, upon written damand by Buyer ard within §.days after demand, be rewrned to. Buyar and, simultaneously with such repayment, “Buyer shail ewum the Personal Property. vacate the Real Property and reconvey the Property fa Seller by special warranty deed and dU of sale. it Buyer fails to make timely Gemand for rehuad, Buyer shal take tie as is, waving al) rights aganst Seller. as to diy intervening defect except as May be avadable to Guyer by virtue of warranties contained in the Geed oF bi of + Bae. Ht a portion of the purchase price is 16 be demved from institutional financing of reffnancing, requirements of the jending institution #2 to place, lime of aay and procedures fer coin. 46 for deaburwerTient of nroriyage prsceeay BraTanTO! ever conirary prOvision in this Convex. Seller shall have ‘Ria night to require from the lending Insuubon a writen commuiment thal Q. ESCROW: Any escrow agent (" aoe Teceming tunds Of Sauivalant e akong ‘and agreds by doceptarica of them to | deposn them prompty, hold aman escrow and, subject to ‘ deairarice, disburve them ln accordancs with terms and conditons of this Contract. Failure of funds tc clear shall not excuse Buyers performance. il in doubl as to Agant’s dues or labliites under the provisions of thus Contract, Agant i ‘of @ court of competent jurisdiction shal cetermina tie tights Of the partes, or Agent may cepoes same with the clark of the circuk court having junsdiction of the dispute, Upon nolilying all partes concerned of such action, ail abily'on the ‘part of Agent shail tully lerminate, except to the extent of eccounting for any tems previously delivered ov of escrow. if a Loonsed real estate broker, Agent wilt comply with provisions of Chapter. 475, F.S., aa amonded, Any ult between Buyer and Seller wherein Agent ia made @ party booause of acting as Agant hereunder, [oF m9 any sult wherein Agent uiterpieads Wie sudjoct matier of the escrow, AgoMt shall recover reasonable aitorney’s tees and costs mourred with these amounts to be paid [rom and out of * the @actowed {unds of equivalent and charged and awarded as ‘Casts 1n favor of the prevailing party. The Agent hall not be sable to any ba Barty or person for musdaivery to Buyer or » Seder of items subject to the escrow. unless Such musdelvery ia dua (0 willful breach of ine provisions of this Contract or groas _, A. ATTORNEY'S FEES, COSTS: In any iltigaton, including breach, enforcement of interpretauon, ansing out of this Contract, the eg party panyin uoh tgaton, which, tor purposes of “this Standard, shail include Seiler, Buyer and any brokers acting in agency, or nonayency reiauonshipe authorized by hablar 475. FS. as amended, sal ‘be ented to recover from the noniprevalling party reasonabie attorney's 1ee3. costs and excenses. -& FAILURE Ore PERFORMANCE: !f Guyer tails to perform this Contract wii the Unie epetilied, Including payment of all dapoans, the depos(s) pald by Buyer and deposits) spread 10 ‘De paid, may be recovered and fetained by anid {6f the accduns of Seiler ai aod ‘damages, contcerauon for the execution of ts Contract and in full settement cf anv * claus; whereupon, Buyer and Sailer shail be relieved of ali obligations under this Coniract, or Seiler, at Sellers onuoh, May Proceed in equxty 10 eniorce Seller's rights under thie Contract, 1f Sot any reason other than failure of Seles to make Seler's tile marketable.atter diligent etort, Soler tails, neglects or refuses io perform: this Contract, he Buyer may seek spectic oF elect to receive the return ut Buyer's dapositia} without thereby waiving any ection tor damages resulting from Sellars breach, “J. CONTRACT NOT RECORDABLE! PERSONS BOUND, NOTICE: Neither this Contract nor arty notca of i shail ba recorded ln any public records. Thus ‘Contract shall bind and muse lo vie Denelt of the parties and they successors in interest. Whenever the context permits, singular shall include plural and one gender ahail include all, Novce given by oF Io the atomey tor < “any pasty ehali be as effective as il given by oF to nal party. UL CONVEYANCE: Seller shall oonvey ta to the Ral Property by slalulory warranty, (rusloe's, personal representavve's of guarcan’s deed, as aporopriata lo the talus of Seller, subject only @ Matters comained in Paragraoh Vil and those otharwee accepted by Buyer. Remon Property shal Atte request of tho Buyer, be vansterred by an absoivte bil of sale wth warranty of bie, subject only to such mattars a3 may be othoxwise pronded for herein, V. OTHER AGREEMENTS: No prior or present agreements or representavons ahau.be, binging pon Buyer or 7 Satier uniass | netted n tis Gontract, No modification o or change, in dig Contract ahall be valid or binding upon thé parties unless in wnting and axocuted by the pacty or paruas intended fo be Dound by W. WARRANTY: Soller warrants that there are 70 @ tacts wnowe. to Soller matanaly, at 8 value of the Propery 3 ywaich ae not ready © obtervabio "0. Buyer or which have rot been E wie doe bate bal oe - vee Greed telat ian THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR. INife s Y : bard. ot _340 Orange Tree Drive ang Yema_Lareme a a . a _c/o Remar Select Boca, Inc. _. voce ccuneee _ a (Phoned - Peraby agree that Selius shalt nell and Buyer shalt buy the following Garcibed Aonl Propany and Personal Property (cousctivaly “Progenty’) upan the folowing terms end condihons, winch Include Standzerts tor Real Estate Transactions (“Slandards)*) on the revarsa aida hereat or attached harete and ridere snd addenda to this Contract for Salo and Purchase Contract). 1 OEBCRIPTION: (a) Legal cascr ption of the Ren! Property tocated in Palm Beach County, Florida: _ High Ridge Estates Lot 3] (D} Street addruss, city, zip, {c) Personal Property: - A/C system, i PURCHASE PRICE: PAYMENT: {2} Oeposn helt in eacrow by ReMax Select/ Boca (b) Aaaitiona: escrow deposit to 0 atade within 8 days altar Enective Cate (as defined in Paragraph ill) in the amount of. {c) Subject to AND assumption ot existing mortgage in good stansing in favor of having an approximate prosent principal balance of rroney mortgage and note to Soller (noe acciondum} in the amount of New MOrtgage “F717 300 {e) Purche: (v) Otner (0 Balance to clo by U.S caah. LOCALLY DRAWN cemtited or cashiers chock of thicd-party loan, subjact to adjustments of prorations att, TIME FOR ACCEPTANCE ATER EFFECTIVE DATE; FACSIMILE: I! thls after Is Not executed by and dollvered to al parties OR FACT OF EXECUTION communicated In writing patween ine parties or or betora i . ‘he deposit(e) wil, at Buyar'e option, be returned and this offer withdrawn. The date of Contract (*Etactiva Date’) wit de the date when the iast one of the Buyer and Soller hee eigned this Offer. A tacamle copy of thie Comtract and any aigratures thetaon shall he conexdered for all purpones a6 originals. Ni INANCING? 7 . oe . ok . . (a) Il the Purch.1se Price ar any part of i113 {0 be lmancedt by & Ihiel-panty town, this Contract Is conditenied on Buyer obtaining a writen commiment within 25. days ster Eltactve Date tor (CHECK ONLY ONE): AX lined: 2 an adiurtabin: of 2 « fred oF asjustatie rate toan in thn principal amount ot $ _ AL AN Initial interest rate not to “exceed __ "©. discount and origination fees not to axoeed ‘+ Of prinopat amount. and for a term of 840) yeare Buyer will make appiication within 2 deys after Ellectve Date and use veascnabie diligence to obtain loan commitment and, thereafter, 10 satizty terme and Conditions of the commitment and close the loan. Buyer shal pay ail losn expanses. It Buyer fails to obtsin & commilment or fala to warve Buynr’s rights under thie subparagreph within the fime tor obtaining a commitment os, iigent atfort. taile to moe’ ‘pe terme end conditions of the commitmont, then either party héreatter, by wittton notice to tha other, may cancel this Contract and Buyer shal pe relunded Ihe depost!s): or Geactibad in Paragmnph as (CHECK ONLY ONE): @ 8 variabte inlerest rate; or O a fixed interest rate of 4. par annum. at time ol ttle teh: oo AeA ALIL, tne rote shan not axceed shall, within ___ days after Effective Dato, furnish « CHOKE NX Ke [ating Ihe principal balance, mottiod of payment, mterent rato‘and 6 199. 1 Buyer has agreed to assume a mortgage which requires. aOR Peemeeree sep ten Buvar shal cromptty obtain the necessary application and dlligently complete and fetum It 9 me mortgages Any mortgagee LENA AAA ___ shail be paid by Ouyar. st Buvar is not accepted by morigages or the requirements tor assumption are not in socotdance wit AARON HON EOOMIERIOK AAEM Res a charge in oxcoss of tho stated amount, Selior cr Buyst may rescind mis Contract by wnitan notice to the other party uni AER EENKA NER EAN TTT LN Inge 0S, TITLE EVIOENCE: At least _5___ dsys bolore ciouing date, bul no earlier than _3.__ days ator Seller rocolves witian notifeation that Guyar hes obtalned th loan commitment o- '# boon epproved for the loan assuntotion #3 provided in Paragraphe IV(a} of (b}. abova. Br H Anoileable, walvad tha faancing requiremente, (CHECK ONLY ONE): Seller anal. at Sellers expente. deliver to Buyer or Buyer's attarnay: orxX Suyor shan al Buyor's oxpense obtain (CHECK ONLY ONE): 2 adstract of tte; OY title insurance commitment (with legible copies o Jnatruments listed as exceptions stached thereto) and, ater closing, An owner's policy of tts insurance. Vi CLOSING DATE: This transaction enall be cioved and the died anc ovhar closing pacers nowveration OF before 5/8/ Bos moaiied by other oravisions of inis Contes Vi” “RESTRICTIONS: EASEMENTS: LIMITATIONS: Auyar ehail taro ulla rubject to: comptehenabve tend vee Diane, zoning. restrictions, prohibitions end other requirements imposad by everomenial authority: restrictions ana matters appearing on the nial or ainanwis® common 19 tho subdMaion: public utlity oxsoments of record (easementé are to be located contgueus Ie Seal Property tin INS NOT MOTE NAN 10 test in width as to the rear or front lines end 7 172 tant in with ae to the side nes, untean otherwi ated herein); taxes for year of clesing an. subsequent years: astumed morigas and nurcnase money Pay co it ay tit eer Mens, 368 Rcdendum): provided, that there oxi st closing no wolation af the foregaing, ana tone pravent use 2 ine Property for SANSLE samily residentia . purooseie, VIN, OCCUPANCY: Seiler warrants that thi Ro parting in occupancy cthar nan Seller bul it Proparty Ia Intended to be rented of codupied beyond clo: ing. the Iact and torma therest nna th@ tenent(s) oF occuoants shalt ba di sd DurbuENt to Standard F Sallue small duliver oerinancy of Proparty to Buyor al timo of closing unless ntherwise: iG herein if occupancy 10 ba dalivered O¢iore cloning, Buyer saaunien all risus ot loss to Property team dat of accusancy, shalt be FOAPONSIDAS ang Habis bye maintenance from thai dale, and snail be deemed to ve woceDIed Proparly In its éxisting condilion aa of ma of taking occupancy WNIess Otherness sialed hornin. IX, TYPEWRITTEM OR KANOWR: TEN PROVISIONS: Typewntion of handwttien provisions, ndors and addenda ahalt control sil printed provisions of this Contract in conflict with them X RIDERS: (CHECK those riders which ate appicadie AND are attached to this Contracts: enher (a) DQ GOASTA. CONSTAUCTION CONTAOL LINE (a) O VNFMA {g) Q HOMEOWNERS" ASSOCIATION DISCLOSURE (0) 3 CONDOMINIUM for DINSULATION (n) 2 RESIDENTIAL LEAD-BASED HAZARD DISCLOSURE () D FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT in Asis" Ma _ ~ -—— Xl ASBIGNABILITY: (CHECK ONLY ONE} Buyer D may vnder this Contract; or 2 may not asaiga this Contract, xi, OISCLOBURES, 7 (a) Radon ta 4 rnturally oeeuring radioactive gaa thet whan accunuiated in a building in autticlsnt quantities may prosent hi Levels of tadon inet exceed federal ano state guidolines have deen found In Dullaings m Ficrida. Additional Intormaticn reg -your Count; Public Hasith unit (0) Buyer may have ctetermined the energy atticlency cating of the residenial busiding, any |9 located on tho Roal Property. {c} Hf the Real Property Includes pro-1978 residential housing then Putagrapn x (fh) is mandatory. Ban BAL thereby ba raleacod from any further liability uncer this Contract: may ‘soargn but not be released from tlapility Ith rinks to persone who ary exoosed to if ever time. jarding Radon or Radon leating may be obtained trem: att, 18 COSTE: Seller chail nct be reanonsioie for payments in o¥co0s of tor treaiment and tepaw undar Stanctara (If Diank then 2% of the Surchase Price) for repair and replacement under Standard N (if biank, Ine 3% of the Purchase Price) XIV, CT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGHING, Social Securty of Tax iD x “(Baver ~~ Bistey ‘{Seitery Sonal Secunty of Tax 10. ¥ 2 2Y Social Security or Tax! 0.7 Sepoell uncer Paragraph Wt (a) recetved: IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE, a i€scrow Agauty BROKER'S FEE: The brokers named below, Including lating and cooparating brokers, are the onty brokers anlitind to compensation in Connection with jhis Contract: seme; _East (icean Realty, The. Qo ReMax Select loca, Inc. ” z LI0= Clating Groxer - Cooperating Orokers, It any es FARIBARA Rovinag 12°95 RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS® OR THE FLORIOA BAR , 7. oN Te : Rar : i . oF < PAGE F t t woos F ces EAS HL TOD, 3 EVIDENCE OF TiTLE: (1) An abe inact of tte prepared or brought current by a reputable and existing absuact frm (4 not ‘exiting then cortfied as coroct by an existing firm) purporting 20 an accurate synopeis of the imstrumonis aftecting te to the Real Property recorded in the public records of the county wherein the Fieal Property 1s located through ‘hough Etfectwe Dale. it \i commence wih the earias! public Tocorda, of such later Gate as moy bo cusicmary in tho County. Upon closing of ths Contract. the abatrict shall becor \e property of Buyer, subject Fa light of retention Uieieol by first mortgagee ntl fully pad. (2) AL’ ‘dae commumart sued.by a Flonda licensed ule insurer agreeing 10. i SF, UPON fecording of the: 44 to Guyer, an ewners policy of tile msusance In the amount of 1 1938 Choe, insuring Buyer's ttle to the Real Property, subject only to hel excepbons oF aificavons provided in this Contract and those to ¢ discharged by ‘a1 of dolore closung. Soller shai convey marketable ttle sudjeci only Io lens, encumbrances, BXCEPLONS oF utwcauons prondad In thie Conuact. Marketable te shall be determined accorceg 10 anpicable Tile Standards adopted by authority of The Florida Bar and in accordance wih iaw, Buyer MI nave 30 days, & ubstract, OF 5 Gaye, Iie commitment, oI ate Of rucowing evidence of Ue to examine It. I Uile 13 lound defective, Buyor shall within 3 days Coraahior, noity Baier wang spectying the Cefect(s). if detect(s) render ule unmathatadia, Soller wis hava 30 days trom Feceipt ol.nouce to remove the defects, falling which Buyer shall, withe five (5) days. 1 expiration of the thirty (30) day penod, delwer watten notice to Sailor o:ther (1) axtenaing Lhe me for @ reasonable panod not to exceed 120 days within which Seller shall use duigent cat to remove pre cetacts; or (2) requesong Hund Of daposit(s) paid which snail be knmedialsly returned to Buyer. il Buyer fails to 8a nolfy Seller, Buyes ahall be deemed to have ted the ta aa st then r&. Seller shall, i tie iq ound unmarkotable, use diicent etton to conect detect(s) within the ume provided therelor it Soller le unable.io timaly correct the detects, yer shall ether wave the defects, or recehe a ratund of devasit(s), tharany reeasing Buyer and Seller from*all furinerobligaton under this. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seiler shall provide lor a 30-day grsce.pancd in the ~ int of Getaull I a fst mongage and a 15-dey grace period if a second or leasar mortgage; shall rovide for right of prepayment io whole oF in part wittiout penalty, shail permit accolerabon: Bent Of venslor of the Real Property, shall require ali orier liens and encumbrances to be keot in good standing and forbid modifications of or future advances under prior morigage(s): all require Buyer to mainiain policies of imgurance conta.ning a standard morigages clause Covering all improvernents located on the Real Property against fire and al! perila included Jnchuded wathun Harm “axienced coverage endorsoments” ang euch other Asks and periis as ‘Spuot may reasonable requirasin an amount equal ta jnelr highest incurable value; and the mortgage, Nove J securtty agreement shail be otherwise in torm and,contont requited by Salles; but Seller may.oniy require, laueee and caverage customarily found in mortgages, mortgage notse and sant sorserants Generally utilized by savings and joan institutions or state or nalonal banks located the county wherein the Real Property ia located. All Personal Property and leases 9 conveyed OF assigned wil. at Salers option, be eubject lon of a encunty age ded financing statemnenia, K 3, balloon morgage, the inal payment wal ae: Tua AGL aa SORE OL eo Mees aod SURVEY: Buyer, at Buyers expense, wathun tiene allowed 19 Ualiver evadonce ot ue ‘und t0 sxamine same, may have tho Real Property surveyed and certiled by @ registered Florida, “weyor. It the surve/ discloses encroachments on the Real Property of thal improvements located ihereon On setback line: fands of ‘wolate, ‘tract covenants or applicable governmental reguiaton, tho same shall consutue a tile defect, er et ‘Sonoran ahem or ary eons TERMITES: Buyor, at Buyer's expense. witten the Ume allowod to dolivar evidence of bio, may have the Property inspected by & Floriaa Cortified Pos! Conyol Operator COparatar) to tertaine df there ts any visible active termite infestation or visible damage {rom terrryto infostadon an the Property, If either or both are found, Buyor shail have 4 days from date of wrtan ce thereat wittun which to have cost of veatment, i! required, estimatod by the Operator, and all damage inspected and estimated by a licenced bulider or general contractor. Seber shad 7 walid costs ‘of \eaument and repair of all damage up to the amount provided In Paragrenh XHli(a). if estimated cosis exceed that amount, Buyer shail have the option of canceling Cus Agract witha 5 days after receipt of contractors rapai¢ estimate by giving writen notice to Salior‘or Buyer may elect to proceed with the transaction, and recee a credit at closing on the cunt provced in Paragraph XiN(a)"Tormitea” shall de deemed {0 include all wood destroying organisms required'to be reported under the Florkis Pest Control Act, a3 amended. fF waitame and represents wat thera ié ingress and ogress Pr cient ended cha fi asoonanee win Standard a Rie a hee ang hr set ot 2 pened persed foie LEASES: Sailer shail. not fess than 1S days betore closing, furnish to Buyer comes of all writen leases and estoppel letters from each tenant speciiying the nature and duration of the “ants occupancy, renial rates, advanced rent and security deposits paid by tenant if Salier ws unable to obtain euch letter from each tenant, the same intormaton sha) be furnished by ata penod in the % form of # Soler aldcavit, and Buyer on roar cont feneats ta confirm such information. Siler anak, at losing, einer and absion e 4 MES i comping tne pero fits an a (6) da, Slurays, Sues ard sae neboral og hocays aha be exciuod Ay Ue patos rowed fr heron wich aha nc 18 Saturday, Sunday, or & legal holiday shall extend to 5:00 p.m. of the next business day, Time is of the essence in this Contract. COCUMENTS FOR CLOSING; Seller shail turnish the dead, bill of sale, construcion lion aMidavh, owney’e possession affidavit, assignments of oases, tanent sos morangn, store ters and comectve metruments. Buyer snail fyrniah closing slalement, mortgage, mortgage nole, secixity agreement and financing slatements, «>. a0-1" orke re - EXPENSES; Cocumentary stamps on the daed and recording of correclive instruments shail be paid by Selier, Documentary stamps and intangible tax on the purchsss maney id any mortgage ansumiog, 3nd recording of purchase money mortgage to Soler. ceed and financing statements shail be psid by the Buyer. Uniess otherwise provided We oF abstract charpe,.UUe examination, and setlemant and closing lee, shal/-be paid by the party ao oe LS (OH IU SIGHT OF 19 ills DINE peste! HUIOLT MPA ALG aaIO BELO LU) MATS (D1 eas 64 COTES 20 CREDITS: Texes, assessments, rent, Interest, Insurance and oxar expanses ot the Property shall be procated through the day belore closing. Buyer shaf have the option taking over eusting policies of insurance, 4 assumable, in which event pramums shail be prorated, Cash at cloaing shail be increased of Gocreased as may be required by proratiors: to see eee rege orca baney 1 occupancy occure belore crosng, Advance sent afk fecurity deposits wil be cracked io Guyet: Escrow deppale led by monaages wt 4 credited to Seller, Taxes ahall be prorated based on the current years tax wan due allowance made for inadmum allowable discount, homesiesd and other exemptions. f dosing occas: ta date when the curren years millage is not Axed and Gurtont years assasiment is available,’ taxes will be prorated based upon such assesement and not year's millage. f currert year's seasemen (8 not avalaple, then laxes wil be proaind on per you’ ta I thors ae complaled Improvements on Ove Real Property by Januasy 14 yeu ef coung, which wreroverneria ore rot in exsstence on January 131 of prior year, then taxes ghall be prorated based L000 pripr’year’s millage and at an equitable assessment be sgreed upon berwaen the parbes; wg which. request shall be made to the County Property Appralter for an intormal astassment taking inte account available exemptions: A tax proration based on an estimate shall, al suas of either party, be readjusted upon receipt of tax bill on condilon thal a statement 10 thal effect Is sighed at. 1 SPECIAL ASSESSMENT LIENS: Certified, Confirmed end ratlled apecial asseaament lina a¢.of date of-closing (net && «of Effective Date) are to be paid by Seller. Periing lions 85 of ta of coeing shal be assumed by Buyer, # the improvement has bean subsianuayy completed as,ot at Etective Date, any pancing ten shall bo.considerad cerniied, Confimed oF ralifed anct ‘aller shall, at dosing, be charpéd an ammount equal to the tast peumale.or assessment for the improvement by the public body. ..* a L INBPECTION, REPAIR AND MAINTENANCE: Seler.warrants,tnat, ‘es of 10 daye-prot.to, closing, we coulng, root (including the tasdla and eoffts) and exterior end intenor wails, xundation, Seawals (07 equivalem) and dockage dornot have any VISIBLE EVIDENCE of leaks, wates damage of Ettuctural Gamage and Inat the septc tank, pool. all appliances, mechanical ems, hesang. Coailng, siectrioal, plumbing sysiama and machinary are in WORKING CONDITION, The foregoing warranty shail be limited to the iteme speciied unless otherwise provided Yan addendum. Buyer may, at Buyer's expense, have inspections made of those aamis by-e firm or Individual specializing in home inspections and:holding an occupational Ucense for such utpoge (¢ required) or by an appropriatety ticonsed Florida contractor. Buyer shal, pnor to Buyer's oceupency oF not lens than 10 lays prior to closing, whichever opcurs first, report in wriung 2 Seller such tems that do not mast the above standards as 10 dofacts. Uniess Buyer Umaly reports such defects, Buyer shall bo deemed to have waived Sellers warranties as io detects 01 reported. i rapasrs of replacements are required to comply with this Standard. Soler shail cause tham to be made and shai pay up to the amount provided in Paragraph XIII). Seder 3 Not required lo Make repairs of replacements of a cosmeuc nalure Unless caused by a defect Soller is tusponsibie to repair or replace. i! the cost for euch repair of replabement exx00ds: ne amount provided In Paragraph, Xil(b), Buyer of Soller may dlect to pay such excess, falling which either party may cancel this Contract. if Seller ls unable to correct ‘the defects onor to dosing, the cost thereo! shall be paid into escrow at closing. Selier shall, upon reasonable novice, provide vulities service and access to the Property for inspections, Including a walk-through wtor to closing, lo confirm that all terns of Personal Property are on the Real Property and, sudject to the foregoing, that att required repairs and replacements have been made and that he Property, wciuding, but not lirnited to, lawn, anrubbery and poet, if any, has Deen maintained In the condition exusing a of Elective Date, ordinary wear and war excepted. 2. RISK OF LOSS: If the Property « camaged by fire or other casually before Comng and cast of restoration does not exceed 3% of the assessed valuation of the Property 80 damaged, ‘oat of restoration shali be an obligation of the Selier and closing shall proceed purauant to the serms of this Contract with restoration dosts escrowed at cloamg. Ii tha cost of resioranon axteods 3% of the assessed valuation of the Property so damaged, Guyer sha have ihe option of elther taking the. Properly aa i& together with ether the 3% oF any insurance proceeds dayable by virtue Of euch loss or damage, or of canceling this Convact and recemng return of the deposit(s), >, PROCEEDS OP SALE; CLOSING PROCEDURE: The deed shall be recurded upon clearance of funds. If an abstract of ile has been tumished. evidence of ite Juyera expense to show UUs In Buyer, without any encumbrances of chari¢e waren would rehGar Seller's te unmarketable room th Gate Of the last evidence, All “eid in eacacw by Sellers attorney or ovier mutually acceptable @scrow agent for a period of not more than $ days alter 16 Gale. if Setier’e ile is rendered unmarketable, through no. avi of Buyer, Buyer snai, wittin the 5-day penod, otly Soler ia wating of ine detect and Salar shal have 30 days from dale of reosipt of euch noliicalin to cure the Gaboo If Sefer Faas ‘np tmely eure the datect, all depceit(s) and closing funds shall, Ubon written demand by Buyer and within S.days after demand, be retumed 10 Buyar and, slmullaneously with auch repayment, Buyer snail rewm the Personal Property. vacate the Real Property and recorvey the Property to Selier by special warranty deed and bil of azie. if Buyer lails to make timely Gemand for rotund, Buyershad take.tUe as is, waiving aij rights against Seller.as lo any witarverung detect excep! as may be available to Buyer by virtue of warranties contained in the deed or bi of sae. a portion of the purchase Brice is 32 ¢ derives from insltubonal financing of refinancing, fequirements of. the Li Mca bodntecs titetmbenneteayc bcaneberelt and for debursement of mortyage: Bra onTot ) Contract. Sellar shall have to require from the jending Institution a written Commitment tat Buyer anoitgagon Trp ascrow ant eising prDoadee rasared by dus Glandard chau be waled 4 the ttle agent insures adverse matters Guriuant to Section Q. ESCROW: Any sacrow agent (“Agar receiving funds of equivalent ls auinoized and agrees by adcepishoe of them to deposit them prompt, hold same'in eccrow and, subjecl to oararice, disburse them in accordance with terms and concditions of inis Contact Failure of funds to clear shall not excuse Buyer's parlormance, it in doubt 83 (6 Agent’é dita G/ liabilities. UNGOF the provisions of this ‘Contract. Agent may, af Agent's option, continue %0 how the sudject matter of the escrow yntil tho parties hereto agree to itt disbursement or until a judgement of & court of compeient junscicton shail Getermne the rights of the partes, or Agent may depot same wilh the clark of the circult court having junsdiction of tha dispute, Upon nolitying ail partes concemed of such action, ail fability on thé part of Agént shail lully termunate, axcept to the extent of accounting for any Items previously delivered out of escrow. if a boaneed reat estate broker, Agent will comply with provisions of Chapter. 475, F.S., as amended. Any suit between Buyer and Sellar wherein Agent is made & pesty bocause of acting as Agant hereunder. oF any suit wherein Agent interpleads the subject matter of the escrow, Agent shail recaver rassonable attorney's toas and costs incurred with these amounts lo be paid from ang ot of the esczowed funds or equivalent and charged and awarded as court cosis 1 favor of the prevailing party. The Agent nail not be liable to any party oF perecn for ; miscalivery to Buyer or Sever of lama subject to the escrow, unlass such muadelivery is due (0 wililul breach of the provisiona of Uils Contract or goes negligence of Agent ~~ R. ATTORNEY'S FEES; COSTS: In any tligauon, including breach, anforcement or inforprelauon, arising Gut of this Contract, the prevailing party in cuoh lllgaton, which, for purpose of thus Standard, shail nciude Seller, Buyer and any brokars acting in egency OF ronsye swoncy relauonships authorized by Chapter 4 478. FS. a8 mended, ‘shad be ented to recover from the nor-preveuling party reasonable atlornay’s tees, costs and expanses, : S FAILURE OF PERFORMANCE: If Buyer tuls to perform this Contract aint the ‘um pecitiad,” Including payment of ail dopouits, the denost(e) paid by Buyer and depositis} agreed to De pad, may 08 recovered and retained by and tor the account of Seller as ac‘ead upon lidudated damages, consideration for the execution of tis Contrect and in ful settioment of any dlauna; whereupon, Buyer and Sailer shail be relieved of all obligatons under wus Contract or Seller, at Sellers option, may proceed in equity 10 ehioroe Sellers rignta under ihe Contract. H for any reason other than failure of Seller to make Sellers tle markatabie.ster. diligent effort, Soller falle, neglects. or refuses to bertorm this Contras, oe Buyer may seek spectic Denormance of elect to receive the return ut Buyer't Geposi(a) without thereby waning afy ection for damages resulting trom Sellers breach. T. CONTRACT NOT RECORDABLE; PERSONS GOUND, NOTICE: Neitnor vs Contract nor any notice of It shall ba reourded tn any public meoords, That ‘Const ‘shall bind and muse to tha Deneft of ine paruas and they euccessora in interest. Whenever ine conien parmuis, singuiat Shall Include plural and one gender shall include all, Novce Given by oF to the atiomey tor any party ehali be as eflectve as if given by o¢ to inal party. U. CONVEYANCE: Seller. shall convey UUs to the Real Property by statutory warranty, trustee's, personal reprasentauve’s OF guardian's deed, as appropriate to the talus of Soller, subyect ‘only matters contained in Pafagraph Vii and those otherwise accepted by Buyer, Personal Property etal githe request of the Buyer, be wansterted byan absolyte bal o sale with warranty Of BUS, SUD{OCT Ofy to SUGN Matters as may be otherwise provided for herein - - - V. OTHER AGREEMENTS: No prior or present agreements of ropresentalons snal. dino, upon Buyer or Sai unas | included in tis Contract. No mexsicaton ot or change, Inte Contract ahail be valid oF binding upon ine partes unless in whting and axsaxtes by the party oF parbes Intended to be bound by it. | W. WARRANTY: Seller warrants Wat there are n0: facts known to Sailer ne value a the , Property which we not reacy observable by Buyer or why have not been 500800 10 Buyer oe te *0 A os Rane, S205, ME FLORIDA 6: CIATION OF REALTORS® rahe ra) ‘ ~ ~ 3 oS AP 99 06 Ld 6c4t2 “gnc Fe ; . + ee ed | | ! | | YAMA LARAME 166 : wy N 1701 S. FEDERAL HWY. APT. 18 GS 83-843/670 ¥ i ! i LAKE WORTH, FL 33460 a apa tase Oualug 13 hy oe | Ce) : ‘ ™ “ft ce Awad (Lal CYL Ak: ao 2 _pontars . First Uni Union National Bank a Resource . F N fentana Flori . Hour Fon Service A ng 1-800-735-1012 FOR © Gane Amernen ¥f 8O6 700643 2 LOF0008 265Ru40" OBE “00000 50000" i. a ea

Docket for Case No: 00-001052