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HomeMy WebLinkAbout1318 •tt•- .~DARDS FOR REAL ESTATE TRt ACTIONS A EVIDENCE OF TITLE: Ill A complete abstrset d title prepared by a reputable aMtrsH firs purporting b be an accurate synotris d ells inti~rmea4 allecting tl?e till. b that teal propery recorded is public records d that county to lbe dale d this contrsrt, abowing in the seller a msrkNable title in acrordanre with title standards adopted from time b time by tM Fbrida Bar. or tM local Bar Association, wbject only to liens, eercunibrance, eaceptioas or gwli6raliona aft forth na thr ~ierreraN and those vvhic'lr stied be discbargd ley nether at or Detorc claaing. 121 • title jtrarantee c~omoiilsoent lowed by • gwliftad tilts inwrcr agreeing b issue b t1r buyer, won the recording d the deed b layer. as owner gwrantte iw the aaaunl d the purchase price inwtiag tM brle at 11?e buyer to that coal property. ttubpet oal)~ to lienr, eneumbnsuw, •gteptleer M gwli6catioa set torch is Ibis coatrad and those which stall be dieclrarged by seller al a be(ote closias. ' i Buyer shall haw 90 days J abstract or 15 days it title guataatee commitment, !rem the date d receiving the evideaee d title w egam;,,. ame. U title a fotrrre} to iw ddeetiw, Ilia buyer shad, within said period notify the seller fa writing spseityiag tM palette It Iles trill -deteeb reader Ile tills nanttarketable, the spar haw 120...... days tram tM receipt d .nth notice b cnn rho ddeets. and shall ass dw diligencw to do so: but tt deer acid time has a:prod, said dsfacta ate a~ot cured. 8uysr, upon Bequest, clad have as additional 120 days to sure aid detects, and the reasonable costa and teas incurred thereby sha8 b. paid by titter. Il~ Royer does not sun aid detects within acid additional time period, tbea buye? abet) haw the opener: If) srcepiirig Ure tine as ii then ia~ a i2) all mosiea paid hereunder which ahW forthwith bs returad to the buyer, and tbenapoa the buyer and seller abed be nlsased d au turtb.r obl' ~ ' elf nptiass wader this naatraett B EXISTING h10RTGAGES: The Seller shall obtain and turaish • statement (torn tbs n•o•egsltee setting forth the priaeipal balansca, method d P.ymeat ateeeat rate, and whether Ilre mortgage is is good sanding. ]J them ie a clurge for the cheese d owacrtihip records by the mortgagee, it slisll be borne by the Buyer Ia event Ilia aaressgec doe not ataw(i1 the Buyer for purposes d aaauming the stinting tsortgase mtvmbering the etrbjeet property. where the aartgage imtrsmarit gwres such acceptance. then and is that event, the Buyer at ba option may iwricel lbe coatrsd awd all monies paid ou the Pnrchw price shall be refunded to and the prrties shall be released from all turtber oWigatiom Any valiance is the amount d • raorigage b fie sswmed from the amount weedu tM Coatcsrt be added to or deducted from the ash paymeal or lha puethw taontey toortsase, o the Buyer may Beet. C. PURCHASE MONEY MORTGAGES: Any purchase moeiey note and mortgage stall tdlow the forms generally sccepled and used is the eotrr?ty when tin yell' is kxate!d. A purehaae matyr oongage slop provide /or inwranrce against loss by 6rc with estended eawrase is as asiiitnnt ant leer than the tad iawrablr value of the improvements. In • lint aartgage, Ile note and mortgage abed provide for aecelentiot~ a[ the option d the bolder, deer thirty !SO) days de/adt sad is a sscorrd. mortgage after 15 days default Second mortgages shall require the owner d the Property encumbered by said aroruue to keen ad prior tint and atesrm• : branees is good atandinis and forbid Ile owner d Ile Property from aawpting modiicatiorta d, or talon advances under, • prior mortgage. Buyer shad haw t!a right to DrcWy all or say Part d the principal at any time or times with interest is date d payment witbart penalty and sad payments shall apply ajaiwst the p-~reipal amounts ae:t mstuniag. In eke event Buyer a:eeuta a mortsase m one other than the Seder, ad ewsta and charges intcideaW thereto shall be Paid bhr the Buyer D. SURVEY: The Buyer. within the time allowed (or delivery d evidensce d title and eaaminatioa ebercd, may haw acid Property surveyed at his enrPe>sse. It the survey slows any encroachment on said property or that the improvements intended to be tinted oa the subject property is tad earrosch os the lands d netts, or i vioLte say d the covenants here+n, ebe same shall be treated a a title defect E TERMITE INSPECTION: Prior to int. at Buyeri aapeme, the Buyer shall fare the right W haw the Property inspected by a licensed a:ttrminaUut eom- pang to determine whether there is any active termite or wooddestroymg organism present in any improveynerib oa said Property, or say damage trop ptio termite or wood destroying organism to said improveatnits. I( then is say wch infestation or damage, the Seller shall pay ad costs d treatment sod rmairiag and/or replacing ad portions d said improvements which an inteated or haw hem three percent 13,Z) d the purrbase ~icd: Provided, however, in the event the cost a be incurred is more flan Price. them either Arty may cancel the eootraet within tea 110) days d receipt d the termite irrpeetion report sad cost eiiitaate for egecting e:terminatiwr and sttressary repairs, by giving written ,notice b the other party. { F. INSURANCE: The premium oe any ha:ard inwnnce pdiry in torte covering improvements on the wbject Property. shall be prorated between Ibe tarries, nr the policy may fie nncelled as the Buyer may elect I[ insun+iee u to be protested the Seder shad, on or before closing date, tutnbh to the Buyer all iasrraoee potties or copies there!d. t:. LEASES: The Seller ahaU. Prior to ciosin`, turniah the Buyer copies d ad written lenses and, if there arc any persoru in poa.essan without written leases, esoppd letters from acb tenant speaifymg the mturc std duration d said tenant's occiiparicy, rental rate, advance rents or security deposi4 paid by tenant In the a+ayu Seller is unable to obtain said tatoppd~klten erom terisnta, Ile acme in(ormalioa may bt furnished 67 seder to Buyer iu the form d a Sederi I~Aidavit H. MECHANICS LIENS: Seller abed /uroiah to the buyer an affidavit that there haw been no improvement to Iles subject Property for 90 days iauaedatdy' prrc-edi li?e gate of cfUS.:i ii ins affil -=•~ir: a•~+ :.....wl:aeel.r nr++wtine the rloeine date. the seller ahaU deliver releases or waiver ni g ~i titiiye(iy lies ucila iuayt~. C., _ . of all mechanics liens esecvted by general contncton, wbcontracbn, wpplien or materialrnen aitd a adlei s merhaniw lien affidavit. I. PLACE OF CLOSING: (]osial[ shrill be held at the office d Ile sellet s attorney or a otherwise agreed upon J DOCUMENTS FOR CLOSING: Selleti attorney or other cksirta anent shall Prepare deed., and rnrrertive imtrtnosenta, acdeis •Ifidavit, and doaint ataas»eat Auyer'r ¦ttorney shall prepare the purchase moricv Dote and mortgage. Copies d all sash documents shall be wbmitted to for other party i attorney at (east :days prior to the cloning date- Copies shall also be furnished to participating Broken npoa request EXPENSES: State wHat and documentary stamq required oa decd. costa d recording any correcting instruments and the cyst d recording the purchasr ssoney ~ mortgage obeli be paid by the seller- Documentary stamp to be alfi:ed to the note or notes secured by the purchase money mortgage, intangible tat: on mortgage, std the cwt of rKOrdiag the deed shall bt Paid by the buyer. L PRORATION OF TAXES (REAL AND PERSONAL): Taws shall be prorated based upon the current years ta: without regard to dircoctnt It the clssirq takes plncr and the curteytt years tarn are cal 5:ell, and the avrrent years assessment is available, to:es will be prorated 6~xd upon such aastasment and the prioryesri millage. If the current scare aasrwsmerit is not availaNe, then tenet will be prorated on the prat years tea, Provided, however, it there u cnrnpleted impro~emet?t of the wbjeil premiere by January 1 d the ynr d closing, rhea the uses shall fie proofed to the dale d closing based upon the prior years millage and an equta6le acataament to fie agreed upon between the parties, taking into tanriidention Homestead Etemptioo, J any- However. any tea proration based on as estimate stay al the request d either party to the tranasetioo, be subsequently readjusted upon receipt d 4s bid, it a statement to that eHed is set forth in the closing statement At. SPECIAL ASSESShfENT LIENS: Certified. confirmed or ratified asnames?t liem a d the date d clueing land not ,s d the date d the contrail) an to be twill br the seller. Pending lien as d the date d closing aba0 be assumed by the buyer, provided, bo.vever. llut where the improvment has been wbstantiall• com- pleted as o[ fire date of the contract, such pending liens shall be catisidtred as certifud, confirmed or ratified and the seller shall al closing be charged an irriount equal b the last estimate by the public body d the aasmment for the improvement N. PERSONAL PROPERTY: The Seller represents and warrants that all major appliances and machinery included in the axle shall be in good working prier sad. repair ay of the dale d closing. Buyer may, al his ode etpease and on reasonable entice, impact or cause an inspection to be made d the appliances and equoaient' involved prior to closing. Any neccirary repair shall be made at the cast d the Seller and, it appropriate. adequate funds shall be escrowed at time d cWaog b etfeil such repair. tides otherwise agreed by the parties, the Buyer shall. by Proceeding to dosing, be deemed to haw sctepted the property as is. O RISH OF LOSS: If the improvemen4 arc damaged by 5rc or other caswlty before delivery d the deed and nn be restored to wbstantially the same avditioe?' es now sainting within a period d ti:ty 160) days thereafter, Seller may restore the improvement and the closing date and date d delrery d possession hercrrbefore provided shall be a:tended accordingly. It Seller fails to do so, the Buyer shall have the obtan d 111 eking the property as ia, together with insurance proceeds- d say,: or 12) cancelling the contract and ad dcpoaita will be forthwith returned to the Buyer and the partid shall be released d any further liability hereunder. ~ P MAINTENANCE: Between the date d the contract and the date d closing. the property, including lawn, shrubbery and pool, if any, shall be mantained by the Seller in the condition au it canted as d the date d Ile contract. ordinary wear and tear aseepted. Q PROCEEDS OF SALE AND CLOSING PROCEDURE: The Seller shall be entitled to receive the net proceeds of Ile sale at Urns d closing, esrept n cases when awrtgagee requires title clearance before disbursing funds, in vihich event Seller shat! lie tootled W payment upon renipt of funds Irom mortgagee. Paymnt shad be made in the form d cash, rashiei s check, certified check, attorney's trust account check, or real estate broker's trust sc.viint check All prdessiorul Bernet tees mall be disbursed in Lull al the time d closing. It ATTORNEY FEES AND OOSTS: In eannerlion with any litigation arising out d this contract, the prrraihng party shall fie entitled to recover all costs iwvrnd,' including reasonable attornieyi (tea. S DEFAULT: If Buyer tails to perform any d the covenianU d this eontrsil, all money paid Purwant to this aontrari by llie Buyer shall be retained br.r for the account d the Stllrr as cansidention for Ile a:ecvtion d this contncl, and as agreed and liqudsted damages and rn full xttleraent d any claims for damages. It lie Seller fails to perform any d the covenanb d this contrrail, dl money paid pursuant to this contract by the Buyer. at the option d the Buyer, shell fie reutned to the Buyer on demand, or the Buyer shall have only the right of specific pertoraianee. lt. PERSONS BOUND: This contract shall bind and benefit the parties hereto, their heirs, persoml representatives, surtwson and atisigm lunlw povaled Y 6errin tint this contraN is riot assignable). .OTHER AGREEMENTS: No agreeaienu or representations, unless iiirnrporated. in Ihn contract, shall bt binding upon nnv of the Nrtiea. Typewritten o- hand- rntten provuiom intaerted in this form or aUarhed hereto as addendums shall cwitrr?1 all panted provisions in canfliil (herewith The coven:rnta d the contras shall survive delivery d the deed and posaeasion. IttAKING TIME OF ESSENCE: Tinie nay be made the eaxnire d this eontraH by notice in writing to the List known isddreas d Ihr other parts nr h' att• trees, stipulating • reasonable time for further (ierforrnance. Atifi r. 11/ / nsnt ~ ~ 1~