crery ‘s 'n. whether flood insurance is fequirec ind what resiricticns apoly to
improving the Property and rebuilding in the event of casuaity. If the Property is in a Special Ficod Hazard
Area or Coastal High Hazard Area and the buildings are built below the minimum flood elevation. Buyer may
cancel this Contract by delivering written notice to Seller within 20 days from Effective Date, failing which
Buyer accepts the existing elevation of the Suildings and zone designation of the Property.
(d) Homeowners’ Association: if membership in a homeowners’ assocation is mandatory, an association
disciosure summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS
CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY.
MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same cerdition from
Ctive Date until closing, except for normal wear and tear ("maintenance requirement") and repairs required by
Contract. Seller will provide access and utilities for Buyer's inspections. Buyer will renair all damages to the
Property resulting from the inspections and return the Property to its pre-inscection condition. If Seller is unable to
complete required repairs or treatments prior to closing, Seller will give Buyer a credit at closing for the cost of
the
repairs Seller was obligated to make. Seiler will assign all assignable repair and treatment contracts to
Buyer at closing.
(a) Warranty, Inspections and Repair:
(1) Warranty: Seller warrants that non-leased major appliances and heating, cooling, mechanical,
electrical, security, sprinkler, septic and plumbing systems, seawall, dock and pooi equipment. if any, are
and will be maintained in working condition until clasing; that the stmictures (including roofs) and poot. if
any, are structurally sound and watertight; and that the Property has proper permits. Seller does not
warrant and is not required to repair cosmetic conditions, unless the cosmetic condition resulted from a
defect in a warranted item. Seiler is not obligated to bring any item into compliance with existing building
code regulations unless necessary to reoair a warranted item. "Working condition” means operating in the
manner in which the item was designed to operate and "cosmetic conditions" means aesthetic
imperfections that do not affect the working condition of the item, including pitted marcite; missing or torn
screens, fogged windows; tears. worn spots and discoloration of floor coverings/wallpapers/window
treatments; nail holes, scratches. dents, scrapes, chips and caulking in bathraom ceiling/walls/flooringstile/
fixtures/mirrors, and minor cracks in floor tilesWwindows/driveways/Sidewalks/pool decks/garage and patio
floors.
(2) Professional Inspection: Buyer may have warranted items inspected by a person who specializes in
and holds an occupational license (if required by law) to conduct home inspections or who holds a Florida
license to repair and maintain the items inspected ("professional inspector’). Buyer must. within S days
from the end of the Inspection Period, deliver written notice of any items that are not in the condition
warranted and a copy of the inspector's written report, if any, to Seller . If Buyer fails to deliver timely
written notice, Buyer waives Seller's warranty and accepts the items listed in subparagraph (a) in their
“as is" conditions, except that Seller must meet the maintenance requirement.
(3) Repair: Seller is obligated only to make repairs necessary to bring warranted items into the condition
warranted, up to the Repair Limit. Seller may, within 5 days from receipt of Buyer's notice of items that
are not in the condition warranted, have a second inspection made by a professional inspector and will
report repair estimates to Buyer. If the first and second inspection reports differ and the parties cannot
resolve the differences, Buyer and Seller together will choose, and equally split the cost of, a third
inspector, whose written report will be binding on the parties. If the cost to repair warranted items equals
or is less than the Repair Limit. Seller will have the repairs made in a workmanlike manner by an
appropriately licensed person. If the-cost to repair warranted items exceeds the Repair Limit. either party
may cancel this Contract unless either party pays the excess or Buyer designates which repairs to make
at a total cost to Seller not exceeding the Repair Limit and accepts the balance of the Property in its
“as is" condition.
(b) Wood-Destroying Organisms: “Wood-destroying organism" means arthropod or plant life, including
termites, powder-post beetles, oldhouse borers and wood-decaying fungi, that damages or infests seasoned
wood in a structure, excluding fences. Buyer may, at Buyer's expense and prior to closing, have the Property
inspected by a Florida-licensed pest control business to determine the existence of past or present wood-
destroying organism infestation and damage caused by infestation. If the inspector finds evidence of
infestation or damage, Buyer will deliver a copy of the inspector's written report to Seller within 5 days from
the date of the inspection. Seller is not obligated to treat the Property if all the following apply {i) there is no
visible live infestation, (ii) the Property has previously been treated. and (iii) Seiler transfers a current full
treatment warranty to Buyer at closing. Otherwise, Seller will have 5 days from receipt of the inspectors
report to have reported damage estimated by a licensed building or general contractor and corrective
treatment estimated by a licensed pest control business. Seller will have treatments and repairs made by an
FAR, Residential Sale and Purchase Contract, Rev. 10/98
©1998 Florida Association of REALTORS® All Rights Reserved
RealFAST® Forms,
Completed by - Claudia Oliveira Heise, Owner/Broker, Tree Realty
Suyers) 42 a
Box 4700, Frisco, CO 30443, Version 6 05, SReaFa$Ty, 2001: Reg# PFLFAR229224
oa 9208/01 18:06:22 A
ALM EUSTRATIVE COMSLA
apLioonatey icees=. cerson at Se ar’s excense upto the Temm-s Repair Limit. if the ccsi to treat and repair
the Srecerty exceecs the Termite Reoair mit. sither partly may aay the excess. railing which ether party
may cancel this Contract. If Buyer faiis ‘o timely ¢eliver the inspectors written recort, Buyer accepts the
Property “as is" with regard to wood-destroying organism infestation and damage, subject to the maintenance
requirement.
(c) Waik-through Inspection: Buyer may waik through the Property solely to verify that Seller has made
repairs required by this Contract and has met the contractual Obligations. No other issues may be raised as a
result of the walk-through inspection. If Buyer fails to conduct this inspection, Seller's repair and
maintenance obligations will be deemed fulfilled.
9. RISK OF LOSS: If any portion of the Property is damaged by fire or other casualty before closing and can be
restored within 45 days from the Closing Oate to substantially the same condition as it was on Effective Date,
Seller will. at Seller's expense, restore the Property and the Closing Date will be extended accordingly. If the
restoration cannot be completed in time. Buyer may accept the Property “as is" with Seller assigning the
insurance proceeds for the Property to Buyer at closing, failing which either party may cancei this Contract.
TITLE
10. TITLE: Seiler will convey marketable title 'o the Property by statutory warranty deed or trustee. personal
representative or guardian deed as appropriate to Seller's status.
(a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in
Seller in accordance with current title standards adopted by the Florida Bar. subject only to the fallowing title
exceptions, none of which prevent residential use of the Property: covenants, easements and restrictions of
record, matters of plat; existing zoning and government regulations; oi, gas and mineral rights of record if
there is no right of entry; current taxes: mortgages that Buyer will assume; and encumbrances that Seller
will discharge at or before closing. Seller will, prior to closing, deliver to Buyer, Seller's choice of one of the
following types of title evidence, which must be generally accepted in the county where the Property is located
(specify in Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2)
in Dade County.
(1) A title insurance commitment issued by a Florida-licensed title insurer in the amcunt of the
purchase price and subject only to title exceptions set forth in this Contract.
(2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then
abstract must be certified as correct by an existing fim) purporting to be an accurate synopsis of the
instruments affecting title to the Property recorded in the public records of the county where the Property
is located and certified to Effective Date. However, if such an abstract is not available to Seller, then a
prior owner's title policy acceptable to the Proposed insurer as a base for reissuance of coverage.
Seller will pay for copies of ail policy exceptions an update in a format acceptable to Buyer's closing
agent from the policy effective date and certified to Buyer or Buyer’s closing agent, together with
copies of all documents recited in the prior policy and in the update. If a prior policy is not available to
Seller then (1) above will be the title evidence. Title evidence will be delivered no tater than 10 days
before Closing Date.
(b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller , within 5
days from receipt of title evidence but no Jater than closing, of any defects that make the title unmarketable,
Seller will have 30 days from receipt of Buyer's notice of defects ("Curative Period") to cure the defects at
Seller's expense. If Seller cures the defects within the Curative Period. Seller will deliver written notice to
Buyer and the parties will close the transaction on Closing Date or within 10 days from Buyer's receipt of
Seller's notice if Closing Date has passed, {f Seller is unable to cure the defects within the Curative Period,
Seiler will deliver written notice to Buyer and Buyer will, within 10 days from receipt of Seller's notice,
either cancel this Contract or accept title with existing defects and close the transaction.
(c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and
deliver written notice to Seiler, within 5 days from receipt of survey but no later than closing, of any
encroachments on the Property, encroachments by the Property's improvements on other lands or deed
restriction or Zoning violations. Any such encroachment or violation will be teated in the same manner
as a title defect and Buyer's and Seller's obligations will be determined in accordance with subparagraph
(b) above. If any part of the Property lies seaward of the coastal construction control line, Selier will provide
Buyer with an affidavit or sutvey as required by law delineating the line's location on the property, unless
Buyer waives this requirement in writing. -
MISCELLANEOUS
11, EFFECTIVE DATE; TIME: The “Effective Date” of this Contract is the date on which the last of the parties
initials or signs the latest offer. Time is of the essence for all provisions of this Contract. Ail time periods will
be computed in business days (a “business day" is every calendar day except Saturday. Sunday and national tegal
holidays). If any deadline falls on a Saturday, Sunday or national legal holiday, performance will be due the next
business day. All time periods will end at 5:00 p.m. local time (meaning in the county where the Property is located)
FAR-5, Residential Sale and Purchase Contract, Rev. 10/98
1998 Florida Association of REALTORS® All Rights Reserved
RealFAST® Forms, Box 4700, Frisco, CO 80443, Version 6 05, GReaiFAST®, 2001; Reg# PFLFAR229224
Completed by - Claudia Cliveira Heise, Cwner/Broker, Tree Reaity .
auyets) ALY /- 1 OR PRR Ty
FAR-S, Resid:
ofthe aporcoriate day.
12. NOTICES: All nctices will be mace ‘o the parties and 8rcker by mail. personal delivery or electronic Media.
Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract,
regarding any contingencies will render that contingency null and void and the Contract will be construed
as if the contingency did not exist
13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for
brokerage agreements, no prior or Present agreements will bind Buyer, Seller or Broker unless
incorporated into this Contract. Modifications of this Contract will not be binding unless in writing. signed and
delivered by the party to be bound. Signatures. initials. documents referenced in this Contract, counterparts and
wnitten modifications communicated electronically or on paper will be acceptable for all purposes, inclucing delivery,
and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted
terms. if any provision of this Contract is or becomes invalid or unenforceable, ail remaining provisions will
continue to be fully effective. This Contract will not be recorded in any public records.
14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent.
The terms "Buyer," "Seller," and "Broker may be singular or plural. This Contract is binding on the heirs,
administrators, executors, personal representatives and assigns (if permitted) of Buyer, Setler and Broker.
DEFAULT AND DISPUTE RESOLUTION
15. DEFAULT: (a) Seller Default: If for any reason other than failure of Seiler to make Seller's title marketable
after diligent effort, Seller fails. refuses or neglects to perform this Contract, Buyer may choose to receive a
performance as per Paragraph 16: and Broker will, upon demand, receive 50% of all deposits paid and agreed to
be paid (to be split equally among Cooperating brokers) up to the full amount of the brokerage fee.
16. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies. claims, and
other matters in question arising out of or relating to this Contract or its breach will be settled as follows:
(a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will
have 30 days from the date conflicting demands are made to attempt to resolve the dispute through
mediation. If that fails, Escrow Agent will submit the dispute, if so required by Florida jaw, to Escrow Agent's
choice of arbitration, a Florida court or the Florida Real Estate Commission. Buyer and Seller will be bound
by any resulting settlement or order,
ESCROW AGENT AND BROKER
17, ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other
items in escrow and. subject to clearance. disburse them upon proper authorization and in accordance with the
terms of this Contract. including disbursing brokerage fees. The Parties agree that Escrow Agent will not be liable
ential Sale and Purchase Contract, Rev. 10/98
©1998 Florida Association of REALTORS® All Rights Reserved
RealFAST® Forms, Box 4700, Frisco, CO 80443, Version 6.05, OReaiFAST®, 2001; Reg# PFLFAR229224
Completed by
Suyer(s) fz i)
- A Oliveira Heise, Cwner/Broker, Tree Reality
, ; Page 7
1 PHO8IO1 18:0622 sellers) OSD BP"
DWN OAT YE Oo MPLAINT
fcr “isCelvery of escrowed tems ‘0 Buyer cr Seiler | uniess the niscelivery is due ‘o Escrow
ul ersaca of chis Contract or sross negligence. If Escrow Agent rierpleads :e Subject matter of ‘he
escrow. Escrow Agent will pay the filing fees and costs ‘rom the deposit and will recover reasonable atiormeys' fees
and costs to be paid from the escrowed funds of equivalent and charged and awarded as court costs in favor of
the prevailing party. All claims against Escrow Agent will be arbitrated. so tong as Escrow Agent consents to
arbitrate.
18. PROFESSIONAL ADVICE: 8ROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and
representations that are important to them and to consult an appropriate professional! for legal advice (for
example, interpreting contracts, determining the effect of laws on the Property and transaction. status of title,
foreign investor reporting requirements, etc.) and for tax. property condition, environmental and other scecialized
advice. Buyer ackncwledges that Broker does not reside in the Property and that all representations (oral, written
or otherwise) by Broker are based on Seller representations or public records unless Brcker indicates personal
verification of the recresentation. Buyer agrees to rely solely on Seller, professional inspectors and
governmental agencies for verification of the Property condition, square footage and facts that materially
affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable
attorneys’ fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection
with or arising from Buyer's or Seller's misstatement or failure to Perform contractual obligations. Buyer and
Seller hold harmless dnd release Broker and Broker's officers, directors, agents and employees from ail liability
for !oss or damage based’on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations;
{2) Broker's performance, at Buyer's and/or Seller's request, of any task beyond the score of services regulated
by Chapter 475, F.S.. as amended, including Broker's referral, recommendation or retention of any vendor: (3)
products or services provided by any vendor; and (4) expenses incurred by any vendor. Buyer and Seller each
assume full responsibility for selecting and compensating their respective vendors. This paragraph will not relieve
Broker of statutory obligations. For Purposes of this paragraph, Broker will be treated as a party to this Contract.
19. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as “Broker.” Seller
and Buyer acknowedge that the brokerage(s) named below are the Procuring cause of this transaction,
Instruction to Closing Agent: Seller and Buyer direct closing agent to disburse at closing the full amount of the
brokerage fees as specified in Separate brokerage agreements with the parties and cooperative agreements
between the brokers. unless Broker has fetained such fees from the escrowed funds. In the absence of such
brokerage agreements, closing agent will disburse brokerage fees as indicated below.
cr r or
Real Estate Licensee Real Estate Licensee
TREE REALTY COLDWELL BANKER
Broker / Brokerage Fee 3.0% Broker / Brokerage Fee 3.03 0
ADDENDA AND ADDITIONAL TERMS
20. ADDENDA: The following additional terms are included in addenda and incorporated into this Contract (check
if applicable):
RIA Condo. Assn OG. New Mort. Rates Om Housing Older Persons. (ls. Sale of Buyer's Property
CJ 8. Homeowners’ Assn. Ow As Is w/Right to Inspect QO N. Unimproved/Ag. Prop Cr Rezoning
C. Seller Financing Oi Seif-inspections - Co Interest-Bearing Account (] u Assignment
CD. Mort Assumption (1 J. Insutation Disclosure Cip Back-up Contract. V. Prop. Disclosure Stmt.
Ole FHA Financing Ox Pre-1978 Hausing Str (LBP) Oo Q. Broker- Pers. int. in Prop C1 other
F. VA Financing OL Flood Insurance Recd Or Rentals 1 Other
21. ADDITIONAL TERMS:
ASSIGNABLE TO LUIS PEREIRA
This is intended to be a legally binding contract. If not fully understeod, seek the advice of an attorney
Prior to signing.
OFFER AND ACCEPTANCE
(Check if applicable: T Buyer received a written real Property disclosure statement from Seller before
making this Offer.)Buyer offers to Purchase the Property on the above terms and conditions. Unless this
AR-S, Residential Sale and Purchase Contract, Rev, 10/98
11998 Florida Association of REALTORS® All Rights Reserved
‘ealFAST® Forms, Box 4700, Frisco, CO 80443, Version 6 05, ORealFAST® 200A {Rede PRLFAR229920 7c co
ompleted by - Claudia Cliveira Heise, CvneriBroker, Tree Reaity
uyer(sy £2 We VE RIOT 18:06 22
PAGE ly
Contract is signed by Seiler and 4 cepy deiivered to Buyer no laterthan Wham. — p.m. cn
—______. thi offer wil be revoked and Buyer's deposit refunced subject to clearance of
funds.
i
DATE wot BUYER [orn foeses.
C/O TREE REALTY, 2333 s. GOLDENROD RD, CRLANDO, FL 32822
Home #: 407-230-5525 Fax #: 407-737-7922
SELLER Gere Decrees
GEORGE DEDoUSTS
285 SCOTTSDALE SQ, WINTER PARK, FL 32792-8004
DATE a 4-0} SELLER
LYNN DEDOUSIS
DATE “7
O Setter counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms
C seller rejects
and deliver a copy of the acceptance to Seller by 5:00 p.m. on ).
Buyer's offer.
Effective Date: (The date on which the last party signed or initialed acceptance of the final offer.)
acsimile or computerized forms.
"AR-S, Residential Sale and Purchase Contract, Rev. 10/98
91998 Florida Association of REALTORS® All Rights Reserved