Preview
Filing # 190055144 E-Filed 01/18/2024 04:33:20 PM
Exhibit “A”
(Part 3 of 7)
oa a
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upon waiver, estoppels or taches, shall be decided by the arbitrator. Seller makes no warranty whatsoever, either
express or implied, as to the stability, firmness, consistency, permanence or habitability of the soil or subsurface
conditions af the Lot, including but not limited to sinkhol underground voids or organic material. Purchaser
expressly assumes the risk of any and all loss, damage jury to the Lot, or to persons or property located on the
Lot caused by soil or subsurface conditions, whether or not such conditions could have been discovered prior to the
Ciosing by any means whatsoever:
B, This Section WARRANTY/DISCLAIMER shall expressly survive the Closing.
IX, MISCELLANEOUS PROVISIONS,
A nue/Applicable Law. Purchaser acknowledges that the Home is located in the County (identified
‘on Page 1 of this Agreement). Accordingly. an irrebuttable presumption exists that the only appropriate venue for the
resolution of any dispute lies in said County. {n addition to the foregoing, Purchaser and Seller agree that the venue
for resolution of any dispute lies in said County, The parties further agree that any disputes regarding this Agreement
shall be settled in accordance with Florida Law.
B Severability. In the event that any provision of this Agreement shall be void or unenforceable, such
clause or provision shall be deemed deleted so that the balance of this Agreement is enforceable.
c Assignment, Neither this Agreement nor any of the rights of Purchaser hereunder may be assigned
or transferied, either voluntarily or by operation of law a1 otherwise. Any such assignment is void and deemed 2
default hereunder,
0. Agreement ord Purchaser covenants that Purchaser shall not record this
Agreement, any memorandum hereof, ar any other document, notice, instrument or the like which may create a
cloud on title with respect to the Home, in the Public Records of the County where it is situated. If Purchaser records
or cause to be recorded any of the forego Purchaser shall be obligated to pay all of Seller's legal fees and
expenses incurred in removing the cloud on title caused by such recordation. Seller's rights under this Section shall
be in addition to Seller's remedies for Purchaser's default provided in Section VII of this Agreement and shall survive
termination of this. Agreement,
It two or more persons are named as Purchaser herein, any one of them is
authorized to act as agent for, with the right to bind, the other(s) in all matters of every kind and nature with respect to
this Agreement.
Fr Waiver. Seller's waiver of any of its rights or remedies shall not operate to waive any other of Seller's
rights or remedies or to prevent Seller from enforcing the yaived right or remedy in another instance.
G. Entire-Agresment. All negotiations and dealings between the parties’are merged in this Agreement,
which constitutes the entire agreement between the parties. No agent, representative, or salesperson has authority to
make any stalements, agreements, or representations, writen or oral, modifying, or adding to or changing the terms
and conditions of this Agreement, Seller is not responsible or liable for any agreement, condition or stipulation not
specifically set forth in this Agreement relating to or affectizg the Property. No modification of this Agreement shall be
binding unless the modification is in writing and signed by an officer of the Seller. This Agreement contains the entire
agreement of Seller and Purchaser respecting the sale ard purchase of the Property; and Purchaser acknowledges
and agrees that any representations and agreements, whether oral or written, prior to the execution and delivery of
this Agreement have been superseded by this Agreement.
H. Execution. This Agreement may be executed in any number of counterparts, any one and all of
which shall constitute the agreement of the parties, and each of which shall be deemed an original, but all of which
‘together shall constitute one and the same document Facsimile signatures shall be sufficient to make this
Agreement binding.
Wherever used in this Agreement, the singular shall include the plural, the
plural the singular, and the use of any gender shall be applcableto all genders.
J. Notice. Any notice required or permitted to be given in connection with this Agreement shall be in
waiting and sent by United States certified mail, overnight courier or facsimile to Purchaseror Seller at the addresses
on page 1 of this Agreement, and additionally to Seller by hand delivery at Seller's sales office for the Community. All
notices shall only be effective upon receipt or refusal to accept receipt. Purchaser shall provide Seller with an
updated address should Purchaser move or change address.
K. Subordination. This Agreement is subordinate to and subject to the lien and terms of any
mortgages and related security agreements Seller may obtain, whether currently of record or executed and recorded
anytime hereafter. However, Seller shall cause said liens, mortgages or related encumbrances to be satisfied or
released as to the Home prior to or at Closing. No further instrument or agreement shall be required to effect this
‘subordination,
Seller shall bear all risk ofoss to the Home prior to Closing. if the Home is damaged
by fire or other casualty after the date of this Agreement, but before the delivery of the Deed, and if in Sellers sole
ion the Home can be restored to substantially the same condition within 180 days thereafter, Seller may have the
‘option of restoring the Home. The Closing Date hereunder shall be extended for a similar period, if necessary.
M. Captions. The captions and title of the various sections and paragraphs herein are for convenience
and reference only and in no way affect, define, limit or describe the scope or intent of this Agreement.
Time is of the essence to this Agreement and specifically to each and every paragraph,
without limitation, in which a time period is involved. All tire periods shall be computed in calendar days; however,if
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any deadline falls on a Saturday, Sunday or state legal holiday, performance will be due the next business day. All
time periods will endst 5:00 p.m. local time of the county where the Home is located of the appropriate day.
This Agreement shall net be binding on Seller until executed by an
authorized officer of Seller. The effective date of this Agreement shall be the latter of the execution dales adjacent to
the signature line provided foron the fast page of this Agreement. RECEIPT OF EARNEST MONEY BY A SALES
REPRESENTATIVE DOES NOT CONSTITUTE ACCEPTANCE OF THIS AGREEMENT BY SELLER.
ut Pr Typewritten or handwritten provisions inserted in this
Agreement shal contral over all ed provisions in conflict therewith,
x. RIGHT 10 CURE/MISPUTE RESOLUTION
A a 558: CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT
REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED
CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO
THE OTHER PARTY TO THIS AGREEMENT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY
CONSTRUCTION CONDITIONS YOU ALLEGE .ARE DEFECTIVE AND PROVIDE SUCH PERSON THE
OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN
OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO
ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER
THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
8, WITHOUT LIMITING ANY RIGHTS SET FORTH IN OTHER SECTIONS OF THIS AGREEMENT,
AND AFTER THE REQUIREMENTS OF SECTION X.A ABOVE HAVE BEEN SATISFIED, ANY AND ALL DISPUTES
ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION, THOSE DISPUTES CONCERNING THE DEPOSIT
PAID BY PURCHASER (SUCH AS DETERMINING: WHICH PARTY IS ENTITLED TO THE DEPOSIT PAID BY
PURCHASER IN THE EVENT THIS AGREEMENT IS TERMINATED PRIOR TO CLOSING), SHALL BE
SUBMITTED TO FINAL AND BINDING ARBITRATION IN FLORIDA PURSUANT TO AND IN ACCORDANCE WITH
THE PROVISIONS OF THE ARBITRATION AGREEMENT CONTAINED IN THE LIMITED WARRANTY, WHICH
ARBITRATION AGREEMENT IS INCORPORATED BY REFERENCE HEREIN AS THOUGH FULLY SET FORTH.
Cc. TO THE EXTENT THE PROVISIONS OF THE HOME BUILDER'S LIMITED WARRANTY ARE NOT
APPLICABLE OR ARE DEEMED UNENFORCEABLE, THEN THE PARTIES AGREE TO THE FOLLOWING
DISPUTE RESOLUTION PROVISIONS: Notwithstanding the provisions of Section X.A, the parties hereby agree that
‘as a condition precedent to the commencement of any legal proceeding or action relating to this Agreement and after
complying with Sellers right to cure provisions referenced in Section X.A above, that the parties will attempt to resolve
any disputes arising hereunder by mediation in Florida which, unless the parties mutuall agree otherwise, shall
accordance with the mediation rules promulgated by the American Arbitration Association. Request for mediation
shall be filed in writing with the other party to the Agreement and with the American Arbitration Association. The
request may be made concurrently with the following of a demand for arbitration but, in such event, mediation shall
proceed In advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a
period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court
order.
o. BY INITIALING BELOW, PURCHASER AGREES TO HAVE ANY CONTROVERSY OR CLAIM
ARISING QUT OF OR RELATING TO THIS.AGREEMENT OR ANY OTHER DOCUMENT SIGNED OR INITIALED
IN CONNECTION WITH THIS AGREEMENT, THE HOME, THE RELATIONSHIP BETWEEN THE PARTIES,
STATUTORY VIOLATIONS, AND/OR ANY ALLEGED DUTIES OR OBLIGATIONS BETWEEN THE PARTIES
DETERMINED BY BINDING ARBITRATION IN FLORIDA AND HEREBY ACKNOWLEDGES AND AGREES THAT IT
HAS UNEQUIVOCALLY WAIVED ANY RIGHT OR OPPORTUNITY TO FILE, LITIGATE, OR HAVE HEARD ANY
CLAIMS, CAUSES OF ACTION OR DISPUTES IN A FEDERAL, STATE OR OTHER COURT OF LAW OR EQUITY.
IN THE EVENT THAT PURCHASER FILES ANY ACTION IN A COURT OF LAW AGAINST SELLER; PURCHASER
CONSENTS TO THE IMMEDIATE ENTRY OF AN ORDER OF DISMISSAL WITH PREJUDICE OF ALL CAUSES OF
ACTION AGAINST SELLER. IN SUCH EVENT PURCHASER SHALL REIMBURSE SELLER FOR ALL
ATTORNEYS. FEES AND COSTS INCURRED IN OBTAINING SUCH ORDER OF DISMISSAL.
E. IN NO EVENT SHALL PURCHASER BE ENTITLED TOA TRIAL BY JURY.
Purchaser's Initials: 5
FE Notwithstanding the foregoing, this Sectien X shall not apply to any disputes arising under Section
|I(C) of this Agreement.
G. Without limiting any other provision herein, this Section X shall survive Closing and shall not merge
into the deed conveying the Property from Seller to Purchaser.
xl. ADJACENT LAND USE Seller shall not be liable to Purchaser for any use or condition of property adjacent
to or surrounding the Lot, whether or not owned by Seller, including but not fi ited to any commercial, industrial, multi-
family or non-residential uses. Additionally, Seller makes no representation or warranty as to the future use and/or
development of any adjacent land by any third party.
Xi. ISCLOSURE:!
A Homeowners’ Association. The Home shall be located in a community controlled and managed by
a Homeowners’ Asscciation (the "HOA"). Purchaser acknowledges that the HOA shall perform certain
responsibil 6, which may include but not be limited to maintaining the community's entrance, recreational areas,
drainage facilities, common areas and all common landscaping, streetlights, and, where the streets are private (ie. a
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gated community), upkeep and maintenance of the streets within the community, and assessing and collecting
assessments from each member of the HOA to defray the cost of executing its responsibilities, all in accordance with
the governing documents. The HOA may enter into a management agreement with an independent management
‘company to manage the affairs of the HOA, and the Seller, as manager, may execute the management agreement.
By executing this Agreement, Purchaser agrees to pay Purchaser's proportionate share of the HOA assessments as
these come due. Purchaser further agrees that should Purchaser fail to pay such assessments when due and
payable, the HOA shall have lien rights against the Home for assessments. Purchaser acknowledges that Seller shall
have the sole discretion to modify or amend the HOA documents and that Seller's officers and employees may act as
directors or officers of the HOA and, if necessary, may act on behalf of the HOA in dealings and transactions with
Seller. Purchaser hereby waives any objections to such dealings and’ transactions and ratifies, approves and
confirms the same. This provision shall survive Closing.
PURCHASER SHOULD NOT EXECUTE THIS AGREEMENT UNTIL PURCHASER HAS RECEIVEO THE
DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES. IF THE DISCLOSURE
SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES HAS NOT BEEN PROVIDED TO THE
PROSPECTIVE PURCHASER BEFORE EXECUTING THIS AGREEMENT FOR SALE, THIS AGREEMENT IS
VOIDABLE BY PURCHASER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE
WRITTEN NOTICE OF THE PURCHASER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE
DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER
OF THIS VOIDABILITY RIGHT HAS NO EFFECT, PURCHASER'S RIGHT TO VOID THIS AGREEMENT SHALL
TERMINATE AT CLOSING. SEE EXHIBIT 5 FOR DISCLOSURE STATEMENT.
B. Sectior 2 lori 8 ANY PERSON WHO, IN REASONABLE
RELIANCE UPON ANY MATERIAL. STATEMENT OR INFORMATION THAT IS FALSE OR MISLEADING
UBLISHED BY OR UNDER AUTHORITY FROM THE DEVELOPER IN ADVERTISING AND PROMOTIONAL
MATERIALS, INCLUDING, BUT NOT LIMITED TO, AN AGREEMENT OF PURCHASE, THE DECLARATION OF
COVENANTS OR ITS EXHIBITS, BROCHURES, AND NEWSPAPER ADVERTISING, PAYS ANYTHING OF
VALUE TOWARD THE PURCHASE OF A PARCEL IN A COMMUNITY LOCATED IN THIS STATE HAS A CAUSE
OF ACTION AGAINST THE DEVELOPER.
ack Of Reliance On Seller. Section 720.402, Florida Statutes, provides the cause of action set
forth in Section XII B above.
EXCEPT AS SET FORTH ELSEWHERE HEREIN, INCLUDING THE LIMITED REPRESENTATIONS AND
WARRANTIES: OF SELLER IN SECTION Vill ABOVE, PURCHASER ACKNOWLEDGES, BY INITIALING BELOW,
THAT PURCHASER HAS INDEPENDENTLY, AND WITHOUT RELIANCE ON ANY STATEMENTS OF, OR ANY
INFORMATION PROVIDED BY, SELLER OR ANY AGENT OR REPRESENTATIVE OF SELLER, DECIDED TO
EXECUTE THIS AGREEMENT.
Purchaser's Initials. ST
D. Radon Gas. RADON 1S A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS
ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS
WHO ARE EXPOSED TO IT OVER TIME, LEVELS OF RADON THAT EXCEED FEDERAL AND STATE
GUIDELINES HAVE BEEN FOUND iN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING
RADON AND RADON TESTING MAY. BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTMENT,
PURSUANT TO SECTION 404.056 (5),FLORIDA STATUTES.
Seller disclaims and assumes no labilty, and Puichaser waives all warranties, either expressed or implied,
including any warranties or habitablity or fitness of purpose that could be construed to cover the presence of radon or
other environmental pollutants. The only warranties Seller provides to Purchaser are those contained in the limited
warranty described in Section Vill above.
é. ing. PURSUANT TO SECTION 553.996, FLORIDA STATUTES, PURCHASER, AT ITS.
SOLE EXPENSE, MAY REQUEST THAT: SELLER CAUSE A STATE CERTIFIED ENERGY RATER TO PERFORM
AN ENERGY EFFICIENCY RATING ON THE HOME. PURCHASER AGREES THAT THIS AGREEMENT IS NOT
CONTINGENT UPON PURCHASER'S APPROVAL OF THE RATING AND HEREBY RELEASES SELLER FROM
ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OR LEVEL OF THE RATING. PURCHASER
ACKNOWLEDGES RECEIPT OF A BROCHURE FROM THE FLORIDA ENERGY GAUGE PROGRAM
REGARDING THE FLORIDA ENERGY EFFICIENCY RATING SYSTEM (THE "ENERGY RATING BROCHURE").
F. sul . Pursuant to Section 460.16 of the Code of Federal Regulations, the Insulation Disclosure
‘Addendum attached hereto is incorporated herein by reference and made a part hereot.
G. 1er's_Constructior Indust Fu Section 489.1425, Florida Statutes,
provides that PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION
RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER AGREEMENT, WHERE THE
LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR
INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA
CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND
ADDRESS: (850) 487-1395/1940 North Monroe Street, Tallahassee, FL 32399-1039.
H. Ad Valorem Taxes. If real estate taxes for the year of Closing are assessed in the aggregate on
the land comprising the portion of the Community where the Home is located, rather than on a homesite-by-homesite
basis, Seller will pay such taxes in full when due, and Purchaser wil reimburse Seller at the Closing for Purchaser's
prorata share of such taxes from the date of Closing (if such taxes are then known) or the Home’s allocable share (50
prorated) of Seller's estimate of those taxes (if such taxes are not then known) subject to readjustment at either the
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request of Seller or Purchaser within six (6). months from the date when the actual tax amount is known. If taxes for
the year Of Closing ara assessed on a homesite-by-homesite basis but such taxes are not due on the date of the
Closing, Purchaser will be responsible for paying such tax bill in full when due and Seller will credit Purchaser at the
Closing for Seller's pfo rata share of such taxes (if te zmount of such taxes are then known) of the Seller's estimate
of those taxes (if such taxes are not then known) through the date of Closing, subject to readjustment at either the
request of Seller or Purchaser within'six (6) months from when the actual amount of the bill is known. If the Closing
takes place after Seller has paid the taxes for the year of the Closing, Purchaser will reimburse Seller at the Closing
for Purchaser's pro rata share of thase taxes from the dale of Closing.
Section 689.261, Florida Statutes, provides that a BUYER SHOULD NOT RELY ON THE SELLER'S
CURRENT PROPERTY ‘TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE
OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR
PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN
HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE
COUNTY PROPERTY APPRAISER'S OFFICE FOR. INFORMATION.
I ‘All power lines and electrical appliances that draw electric current have
electromagnetic fields (EMF) around them. Seller has no expertise or information about EMF or the detection of EMF
and does nat review or monitor research efforts regarding EMF. As a result, Seller does not make representations or
warranties’ ot any kind related to EMF. Purchaser's local electric ity company servicing the Home or Purchaser's
state or local envifonmental, energy or health agencies or the ragicnal office of the Environmental Protection Agency
may provide such information.
J Mold: Mold is a type of fungus that occurs naturally in the environment. All mold is not harmful, but
certain stfains of mold have been showr to have adversé health effects in susceptible persons. Residential home
construction is nat, and cannol be, desigi'2d to exclude mold. spores. Mold growth requires moisture which must be
Kept fo a minimum to avold the growth ct mold within the Home. Common sources of moisture include leaks,
‘overfiows, condensation, and high humidi y, By minimizing moisture, a homeowner can reduce or eliminate mold
growth, Running the Air Conditioning Syste 7 within the Home at very low temperatures for excessive periods of time
can create moisture and lead to the growth 2f mold in the Home. AS FURTHER STATED IN THE MOLD NOTICE,
DISCLOSURE AND WAIVER AGREEMENT ATTACHED HERETO, SELLER DISCLAIMS AND ASSUMES NO
LIABILITY AND PURCHASER WAIVES ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY-
WARRANTIES OR HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT COULD:BE CONSTRUED
TO COVER THE PRESENCE OF MOLD WITHIN THE HOME. THE ONLY WARRANTIES SELLER PROVIDES ARE
THOSE CONTAINED IN THE HOMEOWNER'S MANUAL DESCRIBING SELLER'S LIMITED WAT
K Jet Bathtub Disclosure. (if agplicable). If Purchaser has opted for a Jet Tub Option if their new
home, Purchaser has been made aware that .he-option requires addltlonal components to function properly which
may or may not be visible, This includes, but i+ not limited to, an access panel that will be focated in the bathroom
While Royal Oak Homes will do their best to conceal the access panel, Purchaser understands that the master
bath will have a flush-mounted, painted pane! for tub access. in the bathroom. Size, shape and locaticn will vary.
depending on the floor plan.
L. Di ut Showroom samples are.only a
representation and may.nat be an exact match of what will be installed. Colors can vary by tone, shade, hue,
particulate structure as well as veining. Pits, fissures, and inclusions are a normal part of all natural products and are
not considered as defects, but rather as unique characteristics thal are derived from the composition of the product.
These variations came from nature's creation and will make each application unique in its own way. This uniqueness
should be expected when choosing any natural product for your home.
Purchaser's thitials_.7
mM All homés constructed in the community must have the
elevations approved by the apprepiclo Homeowners Association, All floor plans have received preliminary approval,
but the HOA retains the right to grant final epproval. This approval process may require that Royal Oak Homes make
changes to the elevation of your home, which may Include (but not limited to) adding additional stucco bands, stone or
shutters, This may causé a delay in starting the'construction of the home andlor result in a change to the elevation
after construction has started. Any costs associated with elevation changes required by the HOA will be bore by
Royal Oak Hornes.and not result in additianal cost to the Purchaser.
Purchaser's Initials _S J
Pool Disclosure, Pools and Poo! Structures must be built with caution. Depending on the lot.and
fivor plan: ‘Selected, adding a pool or external structure may present building challenges or additional costs, The
locationof the septic system (if applicable) in same lots may prevent a paol.from being built. In other cases,
it may
tequire additional expense in the form of retaining walls. If purchasing a:pool thraugh Seller, Seller will perform a ‘Lot
Fit’ to better determine any unexpected costs or challenges. The ‘base pool prite offered by Seller does not include.
any costs associated with retaining walls or additional decking, if Purchaser is interested In purchasing a poolat 3
tater date, Purchaser acknowledges they are aware of the risk and potential costs listed above.
Purchaser's initials. SS —7
a ard: At the written request of Purchaser, Seller shall provide
Purchaser with an Energy Performance Level ("EPL") Display Card by-way of Addendum to this Agreement pursuant
to Section 53.9085, Florida Statutes.
trict Disclosure, PURSUANT TO SECTION 190.048, ‘FLORIDA
STATUTES, PURCHASER. IS HEREBY NOTIFIED THAT THE COMMUNITY DEVELOPMENT
DISTRICT MAY IMPOSE AND LEVY TAXES OR.ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON
THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND
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MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET
ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN
ADDITION TO COUNTY AND. OTHER LOCAL GOVERNMENT TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.
LTcueck (OR INITIAL) HERE IF HCME 18 LOCATED WITHIN A COMMUNITY DEVELOPMENT
OISTRICT.
Q QFAC. Executive Order 13224 requires all United States enlities and persons to block assets and
rot transact business with entities, countries and persons (specifically designated nationals) set forth by the Office of
Foreign Asset Control ("OFAG"). This requirement applies to Seller and all of its affiliates (collectively, the “Seller
Affiliates"), Accordingly, Seller will check current QFAC lists and other publications in connection with each potential
transaction, loan, or home sale. In order to check tte OFAG list, Purchaser must pravide to Seller a govemment-
issued photo identification card (this might include a driver's license, passport or resident alien card). To the extent
Purchaser (or any single person or eniily constituting a part of Buyer) matches a name or entity on any such OFAC
ligt of publication, the transactions with Purchaser contemplated under of in connection with this Agreement will be
immediately suspended, and Purchaser shall be reported as instructed by the OFAC.
R Sinkhole Notice. Real property in Florida is susceptible to the formation of sinkholes, which
generally form in karst terrain principally from the collaase of surface sediments nto underground voids and cavities in
slightly soluble bedrock, such as limestone, Other natural and artificial subterranean events can cause holes,
depressions, or subsidence of the land surface that may mimic sinkhole activity, These other subterranean events are
commonly referred to as “subsidence incidents.” Sinkholes and subsidence incidents may be formed or occur
gradually or suddenly and generally cannot be predicted or prevented. A database of reported subsidence incidents
statewide is available from the Florida Geological Survey. Additional information regarding sinkholes and subsidence
incidents may also be obtained from the Florida Department of Environmental Protection. Furchaser acknowledges
and understands that the presence or future occurrence of sinkholes and subsidence incidents an or in the vicinity of
the Property could result in damage or injury to persons or property, and could adversely affect the value, use, or
enjoyment of the Property and any improvements constructed thereon from time to time. Seller makes no
representations or warranties whatsoever, express or implied, as ta the presence or likelihood or possibilty of future
occurrences of any sinkholes or subsidence incidents: on or in the vicinity of the Propery, Purchaser expressly
assumes the risk of and hereby releases Seller from any and all loss, damage, claim. or injury to persons or property
caused by or resulting from the presence or future formation af sinkholes or accurrence of subsidence incidents on or
in the vicinity of the Property including, but not limited to, damage fo the Property and any improvements constructed
thereon from time to time. Purchaser is encouraged to discuss. with its insurance agent the availability of obtaining
insurance concerning the risks of sinkholes or subsidexce incidents on or in the vicinity of the Property.
Purchaser's titials “><
Qral_Representations. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
Ss.
CORRECTLY STATING THE REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS,
REFERENCE SHOULD BE MADE TO THIS AGREEMENT AND THE DOCUMENTS PROVIDED BY SELLER.
tT. xhibits.
At execution of this Purchase Agreement, Purchaser received:
© Exhibit 4 - Construction Lien Addendum
1 Exhibit 2 - Disclosure/Information Statement
1 Exhibit 3 - HOA Addendum / Summary Assessments Disclosure
1 Exhibit 4 - Insulation Addendum,
a Exhibit § - Lot Selection Confirmation
o Exhibit 6 - Policy Regarding Wooded Home Sites,
Exhibit 7 - Mold and Mildew Disclosure
Exhibit 8 - Builders Warranty and Building Standards
Exhibit 9 - Homeowners Association, Cor fis, Covenants, Easements, and Restri
Exhibit 10 - Finance Addendum (if applicable)
Exhibit 11 — Mortgage Disclosure Statement (if applicable)
Exhibit 12 - Realtor Addendum (if applicable)
THIS IS A LEGALLY BINDING AGREEMENT, AND SHOULD BE READ THOROUGHLY PRIOR TO SIGNING. IF
Purnase Agcenent
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PURCHASER HAS ANY QUESTIONS REGARDING PURCHASER'S RIGHTS OR RESPONSIBILITIES UNDER
THIS AGREEMENT, PURCHASER SHOULD CONSULT AN ATTORNEY. PURCHASER'S SIGNATURE AND/OR
INITIALS ON THIS AGREEMENT, THE EXHIBITS AND ADDENDA EVIDENCES PURCHASER'S ACCEPTANCE
AND UNDERSTANDING OF IT'S TERMS AND THAT PURCHASER [S NOT RELYING:ON ANY STATEMENT,
PROMISE, CONDITION OR STIPULATION (ORAL OR OTHERWISE) NOT SPECIFICALLY SET FORTH IN THIS
AGREEMENT. “PURCHASER UNDERSTANDS THAT SELLER IS__RELYING. ON. PURCHASER'S
ACKNOWLEDGEMENT AND REPRESENTATIONS CONTAINED IN THIS PARAGRAPH, AND SELLER WOULD
NOT AGREE TO SELL THE HOME TO PURCHASER. WITHOUT SAID ACKNOWLEDGMENT AND
REPRESENTATIONS BY PURCHASER. PURGHASER HEREBY ACKNOWLEDGES RECEIPT OF ALL THE
FOREGOING ADDENDA.
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CONSTRUCTION LIEN ADDENDUM
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN
LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES),
THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE
MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT
TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST
YOUR PROPERTY. THIS CLAIM IS KNOWN AS A
CONSTRUCTION LIEN IF YOUR CONTRACTOR OR A
SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS,
SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR
NEGLECTS TO MAKE OTHER LEGALLY REQUIRED
PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY
LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF
YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU
FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR
MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS
MEANS IF A LIEN IS FILED, YOUR PROPERTY COULD BE
SOLD AGAINST YOUR WILL TO PAY FOR LABOR,
MATERIALS, OR OTHER SERVICES THAT YOUR
CONTRACTOR OR A SUBCONTRACTOR MAY HAVE
FAILED TO PAY. FLORIDA'S CONSTRUCTION LIEN LAW
IS COMPLEX AND IT IS RECOMMENDED THAT
WHENEVER A SPECIFIC PROBLEM ARISES, YOU
CONSULT AN ATTORNEY.
Accepted
By:
Title: Bee
ROHOOIJan 2015
Exhibit 1— Construction
Lien Addendum
ROH-EMERALD-002600
DISCLOSURE/INFORMATION STATEMENT
EXHIBIT 2
Royal Oak Homes, LLC, a Florida limited liability company ("Royal Oak Homes") wants each of its
Purchasers to be satisfied customers. Royal Oak Homes offers this basic Disclosure/information
‘Statement as a service and protection for the Purchaser
and intends for it to be used in conjunction with
that certain Purchase Agreement between Royal Oak Homes and the Purchaser Sencion Tavarez_ dated
‘8/23/2045,
This is ai portant document. Royal Oak Homes requires that Purchaser sign this statement under
“Purchaser's acknowledgment of receipt of Disclosure Statement” as an Indication that Purchaser ’has
received and read the entire disclosure statement, Royal Oak Homes has-no control over much of the
information covered in this disclosure statement, and Information is subject to change without notice.
Therefore, Purchasers are encouraged to Independently vérify the liformation contained hereln by
contacting the individuals, agencies or firms Identified for the most up to-date information. In addition,
as individual sensitivities may vary with respect to conditions at or riearby the community, praspective
Purchasers are urged to investigate the area surrounding the community to appreciate and/or assess
nearby conditions and/or nuisances.
FUTURE DEVELOPMENT AND HOME DESIGN CHANGES: Purchaser is hereby informed that future
development of the Community cannot be predicted with accuracy. Royal Oak Homes ‘expressly reserves the
right to builder more of fewer than the number of homes curréntly planned or to change product fines; including,
but not limited to, enlarging or decreasing the size of the homes; adding larger, smaller or differently designed
models; or changing (partially or in total) total designs and/or materials, at any point during development of this
or any Royal Oak Homes community. Due to the inability to predict future market conditions with accuracy,
Royal Oak Homes makes no representation or warranty to. Purchaser that the Commu will be Bult as
currently planned, or pursuant to any pe-ticular build-out schedule. Topographical maps in sales office, fot
plotting maps, maps offered by master developers and other forms showing "complete" community projections
do not in any way constitute Royal Oak Homes’ promise to completa the Community or, if completed, to
complete the Community as shown. This includes any proposed amenities, such as pools, gazebos, hike and
bike trails, exercise facilities, etc. Furthermore, Royal Oak Homés makes no representation or warranty that it
will construct or be the builder of all homes in the Communiy. Indeed, Royal Oak Homes reserves the right to
sell, at any time, all or any portion of the lots within the Communily to any third party, including other developers
or builders. Moreover, due to the potential for changes in market conditions. all prices; terms, upgrades, ‘and
other concessions offered to the other buyers are subject to change without notice at the discretion of Royal Oak
Homes. Royal Oak Homes has the full right, -vithout any obligation whatsoever to the Purchaser, to establish
prices for its sales of any houses, and properties constructed by orto bs constructed by Royal Oak Homes in the
‘Community, without regard to the price paid by Purchaser for its property and the home, Purchaser recognizes
that Royal Oak Homes’ right to establish such rrices includes Royal Oak, Homes’ right to offer price reductions,
allowances, mortgage incentives, additional features and any other similar incentives to future Purchasers of
properties in the Community without any obligation to offer any comparable incentives to the Purchaser,
SURROUNDING AREA: Because Royal Oak Homes may not have any contro} over the atea surrounding or
adjacent to your lot, Royal Oak Homes strongly recommends thet prospective Purchasers drive and.walk around
‘or otherwise inspect the community and the surrounding area to familiarize themselves with local conditions
such as traffic, noise, prospective future development and nther factors. prior to consummating th2ir purchase
transaction. The surrounding property is subject to future development and the. zoning of the surrounding
property is subject to change. Therefore, future development cannot be predicted with accuraty and is subject to
change. For this reason, Royal Oak Homes cannot make any representation conceming the area-surrcunding
your lot. IT IS THE PURCHASER'S SOLE RESPONSIBILITY TO DETERMINE THE USE OF ANY LAND
SURROUNDING PURCHASER'S LOT.
CONSTRUCTION AND SALES ACTIVITY: Royal Oak Homes discloses that certain construction and sales
activities may be occurring after occupancy within and in the vicinity of the-Community. This may result in some
i snience to Purchaser, due to increased noise and dust from the construction activities and-tne operation
of the model homes and sales office. Construction hours often begin early (particularly in warmer seasons) and
sales activity will likely involve significant traffic and visitors, particularly on weekends before the Community is
completely sold out. As a result of the ongoing construction and sales activities, Royal Oak Homes also
discloses that infrastructure, public and private utilities (water, electrical, cable television, sewers, storm drain,
etc.) within the Community and/or servicing the home may be temporarily interrupted and/or adversely affected
during build out of the Community. While Royal Oak Homes will use its reasonable efforts to minimize these
service interruptions as well as other construction nuisances, traffic, noise, air quality and other environmental
conditions within and around the Community, individuals may be impacted and such impact may have an
adverse effect on Purchasers’ enjoyment of their homes from time to time.
CHANGES IN MATERIALS AND SPECIFICATION: For many reasons, including the length of time that
sometimes separates the construction of the model homes in the Community and the construction of
Purchaser's home, certain items displayed in the model homes may require substitution.
PRICING: By executing this Disclosure Statement, Purchaser acknowledges that Royal Oak Homes, as Seller,
has the full right to establish prices for the sale of properties in the Community (or any other community
developed by Royal Oak Homes), without regard to the price to be paid by the Purchaser or any other
purchasers for any specific lot within the Community. Purchaser acknowledges Royal Oak Homes' right to have
offered or to offer lower prices, price reductions, financing incentives, bought down interest rates, new floor
plans, additional features, and cther similar incentives (collectively, “Incentives") to past or future Purchasers of
properties in the Community (or any olher community developed, constructed or sold by Royal Oak Homes)
‘ROHOO! Jon 2015
14
Exhibit 2— Disclosurelinformation Statement
ROH-EMERALD-002601
without any obligation to offer any comparable Incentives to the Purchaser. The Purchaser further acknowledges
that it has satisfactorily negotiated its purchase price for a particular property (and improvements) within the
‘Community and that Purchaser is fully satisfied with such price and the Incentives received in connection with
the negotiation of such price. Other than Purchaser's contracted price, all other prices, terms, upgrades, and any
other concessions, are subject to change without notice, at the sole discretion of Royal Oak Homes, including
changes in the model homes offered for sale and specification levels in future homes.
ADJUSTMENTS: A home is a very unique product engineered with several thousand component parts, many of
which are natural materials. All new homes are subject to changes in the first several months as materials dry
out and naturally settle. Such settlement occurs in virtually all construction. During this process, natural
phenomena such a: small hairline cracks in wood, sheetrock, concrete, brick and stucco, lumber shrinkage, joint
separations and slight realignments of moldings, trims anc door jams may appear Purchaser's home. In
addition, various appliances and operating components of 2urchaser’s home may also require fine-tuning or
adjustments after ini move-in. To the extent these types of occurrences are covered by the written warranty
Royal Oak Homes provides to Purchaser at closing (the “Warranty"), Royal Oak Homes will address these
issues upon receipt of a written claim pursuant to the procedures outlined in the Warranty. Purchaser is strong|
encouraged to review the Warranty for precise details regarding coverage and methods of making claims,
SQUARE FOOTAGE: All square footage and measurements of homes in advertisements, marketing materials,
mode! numbers or other plan type identification are approxmate figures. Different standards of measurement
may yield different results. For example, the square footage measurements used by properly tax assessors,
muttiple listing services, real estate appraisers and/or brokers in particular communities may differ from the
standards of square footage measurement used by Royal Ozk Homes.
MATCHING COLORS: Royal Oak Homes is not responsible for precisely matching colors as portrayed in model
homes for paint, grout. tiles, carpeting and the like. While Royal Oak Homes will always attempt! to match colors,
it cannot guarantee a perfect match at any time, including in situations where repairs may be necessary under
the Purchaser's written warranty.
SOIL MAINTENANCE: Homes in the Community are located in an area containing soil which, if over-watered,
can cause structural cracks in slabs, walks, drives, etc. Accordingly, Purchasers are hereby advised of the
necessity to prevent water from seeping under the structure in order to maint drainage. Flowerbeds and
planters should be properly maintained to ensure that water drains away from the foundation because any water
ponding near the foundation can be a source of structural preblems.
EASEMENTS Purchaser acknowledges that the Property is subject to all easements of public. record, including,
but not limited to, those shown on the recorded map or plat of the Property and those of an apparent nature,
including, but not limited to, easements for telephone, electricity, natural gas, cable television, weter, sanitary
sewer, storm sewer, drainage and aircraft aviation, Purchaser acknowledges that the cost of maintaining thesé
easements may be the responsi lity of Purchaser. The location of utllity structures, vaults, transformers, street
lights, pull boxes, fre hydrants, 2 ., in the. Community is controfled by the utility agencies and may be subjectta
change without prior notice to Purchaser.
DRAINAGE: Purchaser acknowledges that Royal Oak Homes has advised Purchaser not to change of interfere
with the established drainage pattern(s) on the lot without consulting a licensed landscape architect or civil
engineer. The drainage pattern(s) have been developed fo facilitate proper drainage from slopes and yard
drainage to the street and/or out of the Community; ANY INTERFERENCE within the drainage gattem(s), as
initially constructed, can cause water to become entrapped within the yard area and could cause structural
problems with Purchasers home, Royal Oak Homes offers installation of gutters that may or can imprave site
drainage. Proper maintenance and operation of gutter systems can improve performance of your home's
foundation, If you would like to explore this option, please contact a representative of Rayal Oak Homes. Please
not : The construction of retaining walls, pools, spas, ratios, gazebos, curbs, decks, walks or any other
landscape amenities can block, alter or madify drainage pattems, thereby requiring corrective measures to be
taken to insure proper water flow. Particularly in areas cf more sensitive soils, disturbance of constructed
drainage courses could materially impact soil content and negatively afféct the structural integrity of Purchaser's
home. Incorrect drainage, leaky imigations systems, over-watering or other conditions can also lead to
groundwater infiltration and must be avoided. Purchasers are hereby strongly advised to consult landscape
architects and/or qualified civil engineers or contractors for advice prior to installation of patios, yard tandscaping
or any other alteration ta the drainage patter.
SITE PLAN: There may be a map of the Community in the Sales Office that is not an official site plan. It is an
artist's concept and is not drawn to scale. This map is intended to give Purchaser a general overview of the
development. The site plan may not reflect all easements with accuracy. Lot lines are also described on the
recorded plat map, which is available at the Sales Office. The site plan does not constitute a guarantee that the
‘Community will be built out or developed as shown therein. Individual plosurvey plans, which are also available
at the Sales Office, describe the actual lot boundaries, and rouse location. At closing, Homeowners will be given
{upon request end at the homeowner’ expence) an updated invidualzed survey plt plan or their particule
TREES AND OTHER VEGETATION: Royal Oak Homes does not guarantee the preservation of any trees,
shrubs, ground cover or other foliage located on Purchaser's lot, in the Community or anywhere within the
vicinity of the community. This includes any “greenbelt”, "detention", “park land", and related areas that may
exist in the Community. Royal Oak Homes is not responsible for any immediate or long-term damage to
vogetation caused by construction activity. Lot premiums are based on location, size, or other construction
related issues and not pre-existing vegetation. The construction of homes, lots, street and/or utilities may alter
the énvironment of any trees, shrubs or other landscaping. if Purchaser is purchasing a model home, Royal Oak
Homes dées not guarantee the preservation of any.trees, shrubs, graund cover or other foliage located on the
ROHOO!Jen 2015
5
Exhibit 2 ~ Disctosurafntowmetion Statement
ROH-EMERALD-002602
lot. All care and maintenance of any such foliage is solely the responsibilty of the Purchaser. This includes all
obligations to water, trim, fertilize or otherwise maintain foliage.
VIEWS: Royal Oak Homes assigns specific lot prices and/or lot premiums based on lot location, size or other
construction related issues and not for any pre-existing view. A view may be negatively impacted by a variety of
‘occurrences including but not limited to the construction of rooftops, buildings, decks, landscaping or other future
development. Royal Oak Homes makes no statements or assurances with respect to the construction, future
improvements and landscaping that may have an impact upon the view of the Property. Any view from the
Property or surrounding areas, whether developed or undeveloped, is not part of the value of the Property...
Since Royal Oak Homes cannot contro! future development adjacent to the surrounding Community, Royal Oak
Homes cannot guarantee preservation of any potential view, now or in the future. Royal Oak Homes is not
responsible for or bound by any representation regarding views made by a sales person or agent under any
circumstances. It is the Purchasers responsibility to evaluate the location of the home site and fot within the
subdivision and determine the acceptability of the assigned lot premium. Royal Oak Homes makes no
representation as to the preservation of existing or future views from the project.
ATTIC ACCESS: Ladders facilitating entry into attic space are designed an lended for access only. Royal
Oak Homes does not represent
Preview
Filing # 190055144 E-Filed 01/18/2024 04:33:20 PM Exhibit “A” (Part 3 of 7) oa a - upon waiver, estoppels or taches, shall be decided by the arbitrator. Seller makes no warranty whatsoever, either express or implied, as to the stability, firmness, consistency, permanence or habitability of the soil or subsurface conditions af the Lot, including but not limited to sinkhol underground voids or organic material. Purchaser expressly assumes the risk of any and all loss, damage jury to the Lot, or to persons or property located on the Lot caused by soil or subsurface conditions, whether or not such conditions could have been discovered prior to the Ciosing by any means whatsoever: B, This Section WARRANTY/DISCLAIMER shall expressly survive the Closing. IX, MISCELLANEOUS PROVISIONS, A nue/Applicable Law. Purchaser acknowledges that the Home is located in the County (identified ‘on Page 1 of this Agreement). Accordingly. an irrebuttable presumption exists that the only appropriate venue for the resolution of any dispute lies in said County. {n addition to the foregoing, Purchaser and Seller agree that the venue for resolution of any dispute lies in said County, The parties further agree that any disputes regarding this Agreement shall be settled in accordance with Florida Law. B Severability. In the event that any provision of this Agreement shall be void or unenforceable, such clause or provision shall be deemed deleted so that the balance of this Agreement is enforceable. c Assignment, Neither this Agreement nor any of the rights of Purchaser hereunder may be assigned or transferied, either voluntarily or by operation of law a1 otherwise. Any such assignment is void and deemed 2 default hereunder, 0. Agreement ord Purchaser covenants that Purchaser shall not record this Agreement, any memorandum hereof, ar any other document, notice, instrument or the like which may create a cloud on title with respect to the Home, in the Public Records of the County where it is situated. If Purchaser records or cause to be recorded any of the forego Purchaser shall be obligated to pay all of Seller's legal fees and expenses incurred in removing the cloud on title caused by such recordation. Seller's rights under this Section shall be in addition to Seller's remedies for Purchaser's default provided in Section VII of this Agreement and shall survive termination of this. Agreement, It two or more persons are named as Purchaser herein, any one of them is authorized to act as agent for, with the right to bind, the other(s) in all matters of every kind and nature with respect to this Agreement. Fr Waiver. Seller's waiver of any of its rights or remedies shall not operate to waive any other of Seller's rights or remedies or to prevent Seller from enforcing the yaived right or remedy in another instance. G. Entire-Agresment. All negotiations and dealings between the parties’are merged in this Agreement, which constitutes the entire agreement between the parties. No agent, representative, or salesperson has authority to make any stalements, agreements, or representations, writen or oral, modifying, or adding to or changing the terms and conditions of this Agreement, Seller is not responsible or liable for any agreement, condition or stipulation not specifically set forth in this Agreement relating to or affectizg the Property. No modification of this Agreement shall be binding unless the modification is in writing and signed by an officer of the Seller. This Agreement contains the entire agreement of Seller and Purchaser respecting the sale ard purchase of the Property; and Purchaser acknowledges and agrees that any representations and agreements, whether oral or written, prior to the execution and delivery of this Agreement have been superseded by this Agreement. H. Execution. This Agreement may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the parties, and each of which shall be deemed an original, but all of which ‘together shall constitute one and the same document Facsimile signatures shall be sufficient to make this Agreement binding. Wherever used in this Agreement, the singular shall include the plural, the plural the singular, and the use of any gender shall be applcableto all genders. J. Notice. Any notice required or permitted to be given in connection with this Agreement shall be in waiting and sent by United States certified mail, overnight courier or facsimile to Purchaseror Seller at the addresses on page 1 of this Agreement, and additionally to Seller by hand delivery at Seller's sales office for the Community. All notices shall only be effective upon receipt or refusal to accept receipt. Purchaser shall provide Seller with an updated address should Purchaser move or change address. K. Subordination. This Agreement is subordinate to and subject to the lien and terms of any mortgages and related security agreements Seller may obtain, whether currently of record or executed and recorded anytime hereafter. However, Seller shall cause said liens, mortgages or related encumbrances to be satisfied or released as to the Home prior to or at Closing. No further instrument or agreement shall be required to effect this ‘subordination, Seller shall bear all risk ofoss to the Home prior to Closing. if the Home is damaged by fire or other casualty after the date of this Agreement, but before the delivery of the Deed, and if in Sellers sole ion the Home can be restored to substantially the same condition within 180 days thereafter, Seller may have the ‘option of restoring the Home. The Closing Date hereunder shall be extended for a similar period, if necessary. M. Captions. The captions and title of the various sections and paragraphs herein are for convenience and reference only and in no way affect, define, limit or describe the scope or intent of this Agreement. Time is of the essence to this Agreement and specifically to each and every paragraph, without limitation, in which a time period is involved. All tire periods shall be computed in calendar days; however,if Purchase Agreement ROH-EMERALD-002594 any deadline falls on a Saturday, Sunday or state legal holiday, performance will be due the next business day. All time periods will endst 5:00 p.m. local time of the county where the Home is located of the appropriate day. This Agreement shall net be binding on Seller until executed by an authorized officer of Seller. The effective date of this Agreement shall be the latter of the execution dales adjacent to the signature line provided foron the fast page of this Agreement. RECEIPT OF EARNEST MONEY BY A SALES REPRESENTATIVE DOES NOT CONSTITUTE ACCEPTANCE OF THIS AGREEMENT BY SELLER. ut Pr Typewritten or handwritten provisions inserted in this Agreement shal contral over all ed provisions in conflict therewith, x. RIGHT 10 CURE/MISPUTE RESOLUTION A a 558: CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS AGREEMENT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE .ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. 8, WITHOUT LIMITING ANY RIGHTS SET FORTH IN OTHER SECTIONS OF THIS AGREEMENT, AND AFTER THE REQUIREMENTS OF SECTION X.A ABOVE HAVE BEEN SATISFIED, ANY AND ALL DISPUTES ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION, THOSE DISPUTES CONCERNING THE DEPOSIT PAID BY PURCHASER (SUCH AS DETERMINING: WHICH PARTY IS ENTITLED TO THE DEPOSIT PAID BY PURCHASER IN THE EVENT THIS AGREEMENT IS TERMINATED PRIOR TO CLOSING), SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION IN FLORIDA PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION AGREEMENT CONTAINED IN THE LIMITED WARRANTY, WHICH ARBITRATION AGREEMENT IS INCORPORATED BY REFERENCE HEREIN AS THOUGH FULLY SET FORTH. Cc. TO THE EXTENT THE PROVISIONS OF THE HOME BUILDER'S LIMITED WARRANTY ARE NOT APPLICABLE OR ARE DEEMED UNENFORCEABLE, THEN THE PARTIES AGREE TO THE FOLLOWING DISPUTE RESOLUTION PROVISIONS: Notwithstanding the provisions of Section X.A, the parties hereby agree that ‘as a condition precedent to the commencement of any legal proceeding or action relating to this Agreement and after complying with Sellers right to cure provisions referenced in Section X.A above, that the parties will attempt to resolve any disputes arising hereunder by mediation in Florida which, unless the parties mutuall agree otherwise, shall accordance with the mediation rules promulgated by the American Arbitration Association. Request for mediation shall be filed in writing with the other party to the Agreement and with the American Arbitration Association. The request may be made concurrently with the following of a demand for arbitration but, in such event, mediation shall proceed In advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. o. BY INITIALING BELOW, PURCHASER AGREES TO HAVE ANY CONTROVERSY OR CLAIM ARISING QUT OF OR RELATING TO THIS.AGREEMENT OR ANY OTHER DOCUMENT SIGNED OR INITIALED IN CONNECTION WITH THIS AGREEMENT, THE HOME, THE RELATIONSHIP BETWEEN THE PARTIES, STATUTORY VIOLATIONS, AND/OR ANY ALLEGED DUTIES OR OBLIGATIONS BETWEEN THE PARTIES DETERMINED BY BINDING ARBITRATION IN FLORIDA AND HEREBY ACKNOWLEDGES AND AGREES THAT IT HAS UNEQUIVOCALLY WAIVED ANY RIGHT OR OPPORTUNITY TO FILE, LITIGATE, OR HAVE HEARD ANY CLAIMS, CAUSES OF ACTION OR DISPUTES IN A FEDERAL, STATE OR OTHER COURT OF LAW OR EQUITY. IN THE EVENT THAT PURCHASER FILES ANY ACTION IN A COURT OF LAW AGAINST SELLER; PURCHASER CONSENTS TO THE IMMEDIATE ENTRY OF AN ORDER OF DISMISSAL WITH PREJUDICE OF ALL CAUSES OF ACTION AGAINST SELLER. IN SUCH EVENT PURCHASER SHALL REIMBURSE SELLER FOR ALL ATTORNEYS. FEES AND COSTS INCURRED IN OBTAINING SUCH ORDER OF DISMISSAL. E. IN NO EVENT SHALL PURCHASER BE ENTITLED TOA TRIAL BY JURY. Purchaser's Initials: 5 FE Notwithstanding the foregoing, this Sectien X shall not apply to any disputes arising under Section |I(C) of this Agreement. G. Without limiting any other provision herein, this Section X shall survive Closing and shall not merge into the deed conveying the Property from Seller to Purchaser. xl. ADJACENT LAND USE Seller shall not be liable to Purchaser for any use or condition of property adjacent to or surrounding the Lot, whether or not owned by Seller, including but not fi ited to any commercial, industrial, multi- family or non-residential uses. Additionally, Seller makes no representation or warranty as to the future use and/or development of any adjacent land by any third party. Xi. ISCLOSURE:! A Homeowners’ Association. The Home shall be located in a community controlled and managed by a Homeowners’ Asscciation (the "HOA"). Purchaser acknowledges that the HOA shall perform certain responsibil 6, which may include but not be limited to maintaining the community's entrance, recreational areas, drainage facilities, common areas and all common landscaping, streetlights, and, where the streets are private (ie. a Purchase Agreement ROH-EMERALD-002595 gated community), upkeep and maintenance of the streets within the community, and assessing and collecting assessments from each member of the HOA to defray the cost of executing its responsibilities, all in accordance with the governing documents. The HOA may enter into a management agreement with an independent management ‘company to manage the affairs of the HOA, and the Seller, as manager, may execute the management agreement. By executing this Agreement, Purchaser agrees to pay Purchaser's proportionate share of the HOA assessments as these come due. Purchaser further agrees that should Purchaser fail to pay such assessments when due and payable, the HOA shall have lien rights against the Home for assessments. Purchaser acknowledges that Seller shall have the sole discretion to modify or amend the HOA documents and that Seller's officers and employees may act as directors or officers of the HOA and, if necessary, may act on behalf of the HOA in dealings and transactions with Seller. Purchaser hereby waives any objections to such dealings and’ transactions and ratifies, approves and confirms the same. This provision shall survive Closing. PURCHASER SHOULD NOT EXECUTE THIS AGREEMENT UNTIL PURCHASER HAS RECEIVEO THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS AGREEMENT FOR SALE, THIS AGREEMENT IS VOIDABLE BY PURCHASER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE PURCHASER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT, PURCHASER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING. SEE EXHIBIT 5 FOR DISCLOSURE STATEMENT. B. Sectior 2 lori 8 ANY PERSON WHO, IN REASONABLE RELIANCE UPON ANY MATERIAL. STATEMENT OR INFORMATION THAT IS FALSE OR MISLEADING UBLISHED BY OR UNDER AUTHORITY FROM THE DEVELOPER IN ADVERTISING AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, AN AGREEMENT OF PURCHASE, THE DECLARATION OF COVENANTS OR ITS EXHIBITS, BROCHURES, AND NEWSPAPER ADVERTISING, PAYS ANYTHING OF VALUE TOWARD THE PURCHASE OF A PARCEL IN A COMMUNITY LOCATED IN THIS STATE HAS A CAUSE OF ACTION AGAINST THE DEVELOPER. ack Of Reliance On Seller. Section 720.402, Florida Statutes, provides the cause of action set forth in Section XII B above. EXCEPT AS SET FORTH ELSEWHERE HEREIN, INCLUDING THE LIMITED REPRESENTATIONS AND WARRANTIES: OF SELLER IN SECTION Vill ABOVE, PURCHASER ACKNOWLEDGES, BY INITIALING BELOW, THAT PURCHASER HAS INDEPENDENTLY, AND WITHOUT RELIANCE ON ANY STATEMENTS OF, OR ANY INFORMATION PROVIDED BY, SELLER OR ANY AGENT OR REPRESENTATIVE OF SELLER, DECIDED TO EXECUTE THIS AGREEMENT. Purchaser's Initials. ST D. Radon Gas. RADON 1S A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME, LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND iN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY. BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTMENT, PURSUANT TO SECTION 404.056 (5),FLORIDA STATUTES. Seller disclaims and assumes no labilty, and Puichaser waives all warranties, either expressed or implied, including any warranties or habitablity or fitness of purpose that could be construed to cover the presence of radon or other environmental pollutants. The only warranties Seller provides to Purchaser are those contained in the limited warranty described in Section Vill above. é. ing. PURSUANT TO SECTION 553.996, FLORIDA STATUTES, PURCHASER, AT ITS. SOLE EXPENSE, MAY REQUEST THAT: SELLER CAUSE A STATE CERTIFIED ENERGY RATER TO PERFORM AN ENERGY EFFICIENCY RATING ON THE HOME. PURCHASER AGREES THAT THIS AGREEMENT IS NOT CONTINGENT UPON PURCHASER'S APPROVAL OF THE RATING AND HEREBY RELEASES SELLER FROM ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OR LEVEL OF THE RATING. PURCHASER ACKNOWLEDGES RECEIPT OF A BROCHURE FROM THE FLORIDA ENERGY GAUGE PROGRAM REGARDING THE FLORIDA ENERGY EFFICIENCY RATING SYSTEM (THE "ENERGY RATING BROCHURE"). F. sul . Pursuant to Section 460.16 of the Code of Federal Regulations, the Insulation Disclosure ‘Addendum attached hereto is incorporated herein by reference and made a part hereot. G. 1er's_Constructior Indust Fu Section 489.1425, Florida Statutes, provides that PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER AGREEMENT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: (850) 487-1395/1940 North Monroe Street, Tallahassee, FL 32399-1039. H. Ad Valorem Taxes. If real estate taxes for the year of Closing are assessed in the aggregate on the land comprising the portion of the Community where the Home is located, rather than on a homesite-by-homesite basis, Seller will pay such taxes in full when due, and Purchaser wil reimburse Seller at the Closing for Purchaser's prorata share of such taxes from the date of Closing (if such taxes are then known) or the Home’s allocable share (50 prorated) of Seller's estimate of those taxes (if such taxes are not then known) subject to readjustment at either the Purchase Agreement ROH-EMERALD-002596 request of Seller or Purchaser within six (6). months from the date when the actual tax amount is known. If taxes for the year Of Closing ara assessed on a homesite-by-homesite basis but such taxes are not due on the date of the Closing, Purchaser will be responsible for paying such tax bill in full when due and Seller will credit Purchaser at the Closing for Seller's pfo rata share of such taxes (if te zmount of such taxes are then known) of the Seller's estimate of those taxes (if such taxes are not then known) through the date of Closing, subject to readjustment at either the request of Seller or Purchaser within'six (6) months from when the actual amount of the bill is known. If the Closing takes place after Seller has paid the taxes for the year of the Closing, Purchaser will reimburse Seller at the Closing for Purchaser's pro rata share of thase taxes from the dale of Closing. Section 689.261, Florida Statutes, provides that a BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY ‘TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR. INFORMATION. I ‘All power lines and electrical appliances that draw electric current have electromagnetic fields (EMF) around them. Seller has no expertise or information about EMF or the detection of EMF and does nat review or monitor research efforts regarding EMF. As a result, Seller does not make representations or warranties’ ot any kind related to EMF. Purchaser's local electric ity company servicing the Home or Purchaser's state or local envifonmental, energy or health agencies or the ragicnal office of the Environmental Protection Agency may provide such information. J Mold: Mold is a type of fungus that occurs naturally in the environment. All mold is not harmful, but certain stfains of mold have been showr to have adversé health effects in susceptible persons. Residential home construction is nat, and cannol be, desigi'2d to exclude mold. spores. Mold growth requires moisture which must be Kept fo a minimum to avold the growth ct mold within the Home. Common sources of moisture include leaks, ‘overfiows, condensation, and high humidi y, By minimizing moisture, a homeowner can reduce or eliminate mold growth, Running the Air Conditioning Syste 7 within the Home at very low temperatures for excessive periods of time can create moisture and lead to the growth 2f mold in the Home. AS FURTHER STATED IN THE MOLD NOTICE, DISCLOSURE AND WAIVER AGREEMENT ATTACHED HERETO, SELLER DISCLAIMS AND ASSUMES NO LIABILITY AND PURCHASER WAIVES ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY- WARRANTIES OR HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT COULD:BE CONSTRUED TO COVER THE PRESENCE OF MOLD WITHIN THE HOME. THE ONLY WARRANTIES SELLER PROVIDES ARE THOSE CONTAINED IN THE HOMEOWNER'S MANUAL DESCRIBING SELLER'S LIMITED WAT K Jet Bathtub Disclosure. (if agplicable). If Purchaser has opted for a Jet Tub Option if their new home, Purchaser has been made aware that .he-option requires addltlonal components to function properly which may or may not be visible, This includes, but i+ not limited to, an access panel that will be focated in the bathroom While Royal Oak Homes will do their best to conceal the access panel, Purchaser understands that the master bath will have a flush-mounted, painted pane! for tub access. in the bathroom. Size, shape and locaticn will vary. depending on the floor plan. L. Di ut Showroom samples are.only a representation and may.nat be an exact match of what will be installed. Colors can vary by tone, shade, hue, particulate structure as well as veining. Pits, fissures, and inclusions are a normal part of all natural products and are not considered as defects, but rather as unique characteristics thal are derived from the composition of the product. These variations came from nature's creation and will make each application unique in its own way. This uniqueness should be expected when choosing any natural product for your home. Purchaser's thitials_.7 mM All homés constructed in the community must have the elevations approved by the apprepiclo Homeowners Association, All floor plans have received preliminary approval, but the HOA retains the right to grant final epproval. This approval process may require that Royal Oak Homes make changes to the elevation of your home, which may Include (but not limited to) adding additional stucco bands, stone or shutters, This may causé a delay in starting the'construction of the home andlor result in a change to the elevation after construction has started. Any costs associated with elevation changes required by the HOA will be bore by Royal Oak Hornes.and not result in additianal cost to the Purchaser. Purchaser's Initials _S J Pool Disclosure, Pools and Poo! Structures must be built with caution. Depending on the lot.and fivor plan: ‘Selected, adding a pool or external structure may present building challenges or additional costs, The locationof the septic system (if applicable) in same lots may prevent a paol.from being built. In other cases, it may tequire additional expense in the form of retaining walls. If purchasing a:pool thraugh Seller, Seller will perform a ‘Lot Fit’ to better determine any unexpected costs or challenges. The ‘base pool prite offered by Seller does not include. any costs associated with retaining walls or additional decking, if Purchaser is interested In purchasing a poolat 3 tater date, Purchaser acknowledges they are aware of the risk and potential costs listed above. Purchaser's initials. SS —7 a ard: At the written request of Purchaser, Seller shall provide Purchaser with an Energy Performance Level ("EPL") Display Card by-way of Addendum to this Agreement pursuant to Section 53.9085, Florida Statutes. trict Disclosure, PURSUANT TO SECTION 190.048, ‘FLORIDA STATUTES, PURCHASER. IS HEREBY NOTIFIED THAT THE COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR.ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND Purchase Agreement ROH-EMERALD-002597 MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND. OTHER LOCAL GOVERNMENT TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. LTcueck (OR INITIAL) HERE IF HCME 18 LOCATED WITHIN A COMMUNITY DEVELOPMENT OISTRICT. Q QFAC. Executive Order 13224 requires all United States enlities and persons to block assets and rot transact business with entities, countries and persons (specifically designated nationals) set forth by the Office of Foreign Asset Control ("OFAG"). This requirement applies to Seller and all of its affiliates (collectively, the “Seller Affiliates"), Accordingly, Seller will check current QFAC lists and other publications in connection with each potential transaction, loan, or home sale. In order to check tte OFAG list, Purchaser must pravide to Seller a govemment- issued photo identification card (this might include a driver's license, passport or resident alien card). To the extent Purchaser (or any single person or eniily constituting a part of Buyer) matches a name or entity on any such OFAC ligt of publication, the transactions with Purchaser contemplated under of in connection with this Agreement will be immediately suspended, and Purchaser shall be reported as instructed by the OFAC. R Sinkhole Notice. Real property in Florida is susceptible to the formation of sinkholes, which generally form in karst terrain principally from the collaase of surface sediments nto underground voids and cavities in slightly soluble bedrock, such as limestone, Other natural and artificial subterranean events can cause holes, depressions, or subsidence of the land surface that may mimic sinkhole activity, These other subterranean events are commonly referred to as “subsidence incidents.” Sinkholes and subsidence incidents may be formed or occur gradually or suddenly and generally cannot be predicted or prevented. A database of reported subsidence incidents statewide is available from the Florida Geological Survey. Additional information regarding sinkholes and subsidence incidents may also be obtained from the Florida Department of Environmental Protection. Furchaser acknowledges and understands that the presence or future occurrence of sinkholes and subsidence incidents an or in the vicinity of the Property could result in damage or injury to persons or property, and could adversely affect the value, use, or enjoyment of the Property and any improvements constructed thereon from time to time. Seller makes no representations or warranties whatsoever, express or implied, as ta the presence or likelihood or possibilty of future occurrences of any sinkholes or subsidence incidents: on or in the vicinity of the Propery, Purchaser expressly assumes the risk of and hereby releases Seller from any and all loss, damage, claim. or injury to persons or property caused by or resulting from the presence or future formation af sinkholes or accurrence of subsidence incidents on or in the vicinity of the Property including, but not limited to, damage fo the Property and any improvements constructed thereon from time to time. Purchaser is encouraged to discuss. with its insurance agent the availability of obtaining insurance concerning the risks of sinkholes or subsidexce incidents on or in the vicinity of the Property. Purchaser's titials “>< Qral_Representations. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS Ss. CORRECTLY STATING THE REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS AGREEMENT AND THE DOCUMENTS PROVIDED BY SELLER. tT. xhibits. At execution of this Purchase Agreement, Purchaser received: © Exhibit 4 - Construction Lien Addendum 1 Exhibit 2 - Disclosure/Information Statement 1 Exhibit 3 - HOA Addendum / Summary Assessments Disclosure 1 Exhibit 4 - Insulation Addendum, a Exhibit § - Lot Selection Confirmation o Exhibit 6 - Policy Regarding Wooded Home Sites, Exhibit 7 - Mold and Mildew Disclosure Exhibit 8 - Builders Warranty and Building Standards Exhibit 9 - Homeowners Association, Cor fis, Covenants, Easements, and Restri Exhibit 10 - Finance Addendum (if applicable) Exhibit 11 — Mortgage Disclosure Statement (if applicable) Exhibit 12 - Realtor Addendum (if applicable) THIS IS A LEGALLY BINDING AGREEMENT, AND SHOULD BE READ THOROUGHLY PRIOR TO SIGNING. IF Purnase Agcenent ROH-EMERALD-002598 PURCHASER HAS ANY QUESTIONS REGARDING PURCHASER'S RIGHTS OR RESPONSIBILITIES UNDER THIS AGREEMENT, PURCHASER SHOULD CONSULT AN ATTORNEY. PURCHASER'S SIGNATURE AND/OR INITIALS ON THIS AGREEMENT, THE EXHIBITS AND ADDENDA EVIDENCES PURCHASER'S ACCEPTANCE AND UNDERSTANDING OF IT'S TERMS AND THAT PURCHASER [S NOT RELYING:ON ANY STATEMENT, PROMISE, CONDITION OR STIPULATION (ORAL OR OTHERWISE) NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. “PURCHASER UNDERSTANDS THAT SELLER IS__RELYING. ON. PURCHASER'S ACKNOWLEDGEMENT AND REPRESENTATIONS CONTAINED IN THIS PARAGRAPH, AND SELLER WOULD NOT AGREE TO SELL THE HOME TO PURCHASER. WITHOUT SAID ACKNOWLEDGMENT AND REPRESENTATIONS BY PURCHASER. PURGHASER HEREBY ACKNOWLEDGES RECEIPT OF ALL THE FOREGOING ADDENDA. Purchase Agreement ROH-EMERALD-002599 CONSTRUCTION LIEN ADDENDUM ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED, YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY. Accepted By: Title: Bee ROHOOIJan 2015 Exhibit 1— Construction Lien Addendum ROH-EMERALD-002600 DISCLOSURE/INFORMATION STATEMENT EXHIBIT 2 Royal Oak Homes, LLC, a Florida limited liability company ("Royal Oak Homes") wants each of its Purchasers to be satisfied customers. Royal Oak Homes offers this basic Disclosure/information ‘Statement as a service and protection for the Purchaser and intends for it to be used in conjunction with that certain Purchase Agreement between Royal Oak Homes and the Purchaser Sencion Tavarez_ dated ‘8/23/2045, This is ai portant document. Royal Oak Homes requires that Purchaser sign this statement under “Purchaser's acknowledgment of receipt of Disclosure Statement” as an Indication that Purchaser ’has received and read the entire disclosure statement, Royal Oak Homes has-no control over much of the information covered in this disclosure statement, and Information is subject to change without notice. Therefore, Purchasers are encouraged to Independently vérify the liformation contained hereln by contacting the individuals, agencies or firms Identified for the most up to-date information. In addition, as individual sensitivities may vary with respect to conditions at or riearby the community, praspective Purchasers are urged to investigate the area surrounding the community to appreciate and/or assess nearby conditions and/or nuisances. FUTURE DEVELOPMENT AND HOME DESIGN CHANGES: Purchaser is hereby informed that future development of the Community cannot be predicted with accuracy. Royal Oak Homes ‘expressly reserves the right to builder more of fewer than the number of homes curréntly planned or to change product fines; including, but not limited to, enlarging or decreasing the size of the homes; adding larger, smaller or differently designed models; or changing (partially or in total) total designs and/or materials, at any point during development of this or any Royal Oak Homes community. Due to the inability to predict future market conditions with accuracy, Royal Oak Homes makes no representation or warranty to. Purchaser that the Commu will be Bult as currently planned, or pursuant to any pe-ticular build-out schedule. Topographical maps in sales office, fot plotting maps, maps offered by master developers and other forms showing "complete" community projections do not in any way constitute Royal Oak Homes’ promise to completa the Community or, if completed, to complete the Community as shown. This includes any proposed amenities, such as pools, gazebos, hike and bike trails, exercise facilities, etc. Furthermore, Royal Oak Homés makes no representation or warranty that it will construct or be the builder of all homes in the Communiy. Indeed, Royal Oak Homes reserves the right to sell, at any time, all or any portion of the lots within the Communily to any third party, including other developers or builders. Moreover, due to the potential for changes in market conditions. all prices; terms, upgrades, ‘and other concessions offered to the other buyers are subject to change without notice at the discretion of Royal Oak Homes. Royal Oak Homes has the full right, -vithout any obligation whatsoever to the Purchaser, to establish prices for its sales of any houses, and properties constructed by orto bs constructed by Royal Oak Homes in the ‘Community, without regard to the price paid by Purchaser for its property and the home, Purchaser recognizes that Royal Oak Homes’ right to establish such rrices includes Royal Oak, Homes’ right to offer price reductions, allowances, mortgage incentives, additional features and any other similar incentives to future Purchasers of properties in the Community without any obligation to offer any comparable incentives to the Purchaser, SURROUNDING AREA: Because Royal Oak Homes may not have any contro} over the atea surrounding or adjacent to your lot, Royal Oak Homes strongly recommends thet prospective Purchasers drive and.walk around ‘or otherwise inspect the community and the surrounding area to familiarize themselves with local conditions such as traffic, noise, prospective future development and nther factors. prior to consummating th2ir purchase transaction. The surrounding property is subject to future development and the. zoning of the surrounding property is subject to change. Therefore, future development cannot be predicted with accuraty and is subject to change. For this reason, Royal Oak Homes cannot make any representation conceming the area-surrcunding your lot. IT IS THE PURCHASER'S SOLE RESPONSIBILITY TO DETERMINE THE USE OF ANY LAND SURROUNDING PURCHASER'S LOT. CONSTRUCTION AND SALES ACTIVITY: Royal Oak Homes discloses that certain construction and sales activities may be occurring after occupancy within and in the vicinity of the-Community. This may result in some i snience to Purchaser, due to increased noise and dust from the construction activities and-tne operation of the model homes and sales office. Construction hours often begin early (particularly in warmer seasons) and sales activity will likely involve significant traffic and visitors, particularly on weekends before the Community is completely sold out. As a result of the ongoing construction and sales activities, Royal Oak Homes also discloses that infrastructure, public and private utilities (water, electrical, cable television, sewers, storm drain, etc.) within the Community and/or servicing the home may be temporarily interrupted and/or adversely affected during build out of the Community. While Royal Oak Homes will use its reasonable efforts to minimize these service interruptions as well as other construction nuisances, traffic, noise, air quality and other environmental conditions within and around the Community, individuals may be impacted and such impact may have an adverse effect on Purchasers’ enjoyment of their homes from time to time. CHANGES IN MATERIALS AND SPECIFICATION: For many reasons, including the length of time that sometimes separates the construction of the model homes in the Community and the construction of Purchaser's home, certain items displayed in the model homes may require substitution. PRICING: By executing this Disclosure Statement, Purchaser acknowledges that Royal Oak Homes, as Seller, has the full right to establish prices for the sale of properties in the Community (or any other community developed by Royal Oak Homes), without regard to the price to be paid by the Purchaser or any other purchasers for any specific lot within the Community. Purchaser acknowledges Royal Oak Homes' right to have offered or to offer lower prices, price reductions, financing incentives, bought down interest rates, new floor plans, additional features, and cther similar incentives (collectively, “Incentives") to past or future Purchasers of properties in the Community (or any olher community developed, constructed or sold by Royal Oak Homes) ‘ROHOO! Jon 2015 14 Exhibit 2— Disclosurelinformation Statement ROH-EMERALD-002601 without any obligation to offer any comparable Incentives to the Purchaser. The Purchaser further acknowledges that it has satisfactorily negotiated its purchase price for a particular property (and improvements) within the ‘Community and that Purchaser is fully satisfied with such price and the Incentives received in connection with the negotiation of such price. Other than Purchaser's contracted price, all other prices, terms, upgrades, and any other concessions, are subject to change without notice, at the sole discretion of Royal Oak Homes, including changes in the model homes offered for sale and specification levels in future homes. ADJUSTMENTS: A home is a very unique product engineered with several thousand component parts, many of which are natural materials. All new homes are subject to changes in the first several months as materials dry out and naturally settle. Such settlement occurs in virtually all construction. During this process, natural phenomena such a: small hairline cracks in wood, sheetrock, concrete, brick and stucco, lumber shrinkage, joint separations and slight realignments of moldings, trims anc door jams may appear Purchaser's home. In addition, various appliances and operating components of 2urchaser’s home may also require fine-tuning or adjustments after ini move-in. To the extent these types of occurrences are covered by the written warranty Royal Oak Homes provides to Purchaser at closing (the “Warranty"), Royal Oak Homes will address these issues upon receipt of a written claim pursuant to the procedures outlined in the Warranty. Purchaser is strong| encouraged to review the Warranty for precise details regarding coverage and methods of making claims, SQUARE FOOTAGE: All square footage and measurements of homes in advertisements, marketing materials, mode! numbers or other plan type identification are approxmate figures. Different standards of measurement may yield different results. For example, the square footage measurements used by properly tax assessors, muttiple listing services, real estate appraisers and/or brokers in particular communities may differ from the standards of square footage measurement used by Royal Ozk Homes. MATCHING COLORS: Royal Oak Homes is not responsible for precisely matching colors as portrayed in model homes for paint, grout. tiles, carpeting and the like. While Royal Oak Homes will always attempt! to match colors, it cannot guarantee a perfect match at any time, including in situations where repairs may be necessary under the Purchaser's written warranty. SOIL MAINTENANCE: Homes in the Community are located in an area containing soil which, if over-watered, can cause structural cracks in slabs, walks, drives, etc. Accordingly, Purchasers are hereby advised of the necessity to prevent water from seeping under the structure in order to maint drainage. Flowerbeds and planters should be properly maintained to ensure that water drains away from the foundation because any water ponding near the foundation can be a source of structural preblems. EASEMENTS Purchaser acknowledges that the Property is subject to all easements of public. record, including, but not limited to, those shown on the recorded map or plat of the Property and those of an apparent nature, including, but not limited to, easements for telephone, electricity, natural gas, cable television, weter, sanitary sewer, storm sewer, drainage and aircraft aviation, Purchaser acknowledges that the cost of maintaining thesé easements may be the responsi lity of Purchaser. The location of utllity structures, vaults, transformers, street lights, pull boxes, fre hydrants, 2 ., in the. Community is controfled by the utility agencies and may be subjectta change without prior notice to Purchaser. DRAINAGE: Purchaser acknowledges that Royal Oak Homes has advised Purchaser not to change of interfere with the established drainage pattern(s) on the lot without consulting a licensed landscape architect or civil engineer. The drainage pattern(s) have been developed fo facilitate proper drainage from slopes and yard drainage to the street and/or out of the Community; ANY INTERFERENCE within the drainage gattem(s), as initially constructed, can cause water to become entrapped within the yard area and could cause structural problems with Purchasers home, Royal Oak Homes offers installation of gutters that may or can imprave site drainage. Proper maintenance and operation of gutter systems can improve performance of your home's foundation, If you would like to explore this option, please contact a representative of Rayal Oak Homes. Please not : The construction of retaining walls, pools, spas, ratios, gazebos, curbs, decks, walks or any other landscape amenities can block, alter or madify drainage pattems, thereby requiring corrective measures to be taken to insure proper water flow. Particularly in areas cf more sensitive soils, disturbance of constructed drainage courses could materially impact soil content and negatively afféct the structural integrity of Purchaser's home. Incorrect drainage, leaky imigations systems, over-watering or other conditions can also lead to groundwater infiltration and must be avoided. Purchasers are hereby strongly advised to consult landscape architects and/or qualified civil engineers or contractors for advice prior to installation of patios, yard tandscaping or any other alteration ta the drainage patter. SITE PLAN: There may be a map of the Community in the Sales Office that is not an official site plan. It is an artist's concept and is not drawn to scale. This map is intended to give Purchaser a general overview of the development. The site plan may not reflect all easements with accuracy. Lot lines are also described on the recorded plat map, which is available at the Sales Office. The site plan does not constitute a guarantee that the ‘Community will be built out or developed as shown therein. Individual plosurvey plans, which are also available at the Sales Office, describe the actual lot boundaries, and rouse location. At closing, Homeowners will be given {upon request end at the homeowner’ expence) an updated invidualzed survey plt plan or their particule TREES AND OTHER VEGETATION: Royal Oak Homes does not guarantee the preservation of any trees, shrubs, ground cover or other foliage located on Purchaser's lot, in the Community or anywhere within the vicinity of the community. This includes any “greenbelt”, "detention", “park land", and related areas that may exist in the Community. Royal Oak Homes is not responsible for any immediate or long-term damage to vogetation caused by construction activity. Lot premiums are based on location, size, or other construction related issues and not pre-existing vegetation. The construction of homes, lots, street and/or utilities may alter the énvironment of any trees, shrubs or other landscaping. if Purchaser is purchasing a model home, Royal Oak Homes dées not guarantee the preservation of any.trees, shrubs, graund cover or other foliage located on the ROHOO!Jen 2015 5 Exhibit 2 ~ Disctosurafntowmetion Statement ROH-EMERALD-002602 lot. All care and maintenance of any such foliage is solely the responsibilty of the Purchaser. This includes all obligations to water, trim, fertilize or otherwise maintain foliage. VIEWS: Royal Oak Homes assigns specific lot prices and/or lot premiums based on lot location, size or other construction related issues and not for any pre-existing view. A view may be negatively impacted by a variety of ‘occurrences including but not limited to the construction of rooftops, buildings, decks, landscaping or other future development. Royal Oak Homes makes no statements or assurances with respect to the construction, future improvements and landscaping that may have an impact upon the view of the Property. Any view from the Property or surrounding areas, whether developed or undeveloped, is not part of the value of the Property... Since Royal Oak Homes cannot contro! future development adjacent to the surrounding Community, Royal Oak Homes cannot guarantee preservation of any potential view, now or in the future. Royal Oak Homes is not responsible for or bound by any representation regarding views made by a sales person or agent under any circumstances. It is the Purchasers responsibility to evaluate the location of the home site and fot within the subdivision and determine the acceptability of the assigned lot premium. Royal Oak Homes makes no representation as to the preservation of existing or future views from the project. ATTIC ACCESS: Ladders facilitating entry into attic space are designed an lended for access only. Royal Oak Homes does not represent