Motion for Sale of Property in ROBERTSON TRUSTEE, KAREN J vs RYAN II, ROBERT P et al| Trellis.Law

On November 01, 2012 a Motion,Ex Parte was filed involving a dispute between Robertson Trustee, Karen J, and Ryan Ii, Robert P, Ryan, Mark R, for Circuit Civil in the District Court of Lake County.

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** FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. ***

Electronically Filed 12/11/2013 06:32:11 PM ET

IN THE CIRCUIT COURT OF THE
19TH JUDICIAL CIRCUIT, IN AND
FOR LAKE COUNTY, FLORIDA

CASE NO.: 2012 CA 3843

KAREN J. ROBERTSON, Trustee of the
ROSEMARY A. RYAN REVOCABLE TRUST,
JOINED BY DIANA M. DAVENPORT,

Plaintiffs
vs.

MARK R. RYAN and ROBERT P. RYAN, II
Defendants

EMERGENCY MOTION FOR ORDER ALLOWING SALE
OF REAL PROPERTY BY TRUSTEE
Plaintiffs, Karen Robertson, Trustee and Diana Davenport, by and through the
undersigned attorney, hereby request an order allowing the sale of the trust real property
and states:

1. The Trustee has accepted an offer from third party buyer, Mai-Huong T.
Nguyen, to purchase the trust real property for $340,000.00. Said offer is
above the appraised property value. A copy of the contract is attached as
Exhibit “A” and an Addendum showing a closing date of December 18, 2013,
is attached as Exhibit “B”.

2. In attempt to avoid any repercussions against plaintiffs for not having a court
order for closing on the real property, Plaintiffs’ attorney presented
Defendants’ attorney with a Stipulated Order on Sale of Real Property,
attached hereto as Exhibit “C”. Defendants failed or refused to sign said
Stipulation.

3. Absent the sale and closing on this transaction the trust is out of sufficient
funds to operate. The court has ordered quarterly accountings to be made by
the Trustee. The Trustee needs the fund to be held in trust to pay the CPA to

prepare the accounting.4. Because of continued objections and continued threat of litigation the Trustee

requests this court to enter an order allowing the sale of the subject property.

5. The Trustee agrees to escrow the funds and only pay the required expenses

pending settlement or further Court Order. No funds will be disbursed as
Trustee fees, legal fees or for reimbursement for repairs made and unpaid for
services provided by Trustee, family of Trustee, or beneficiaries. The
remaining expenses need to be paid.

Wherefore, the undersign requests that an order be entered allowing the trustee to
close on the sale of the real property as soon as possible and in compliance with the
contract, and the proceeds to be held in Trust by the Trustee, and allowing the Trustee to
pay the CPA for the quarterly accountings and pay other operating expenses and not to
pay trustee fees, attorney fees, reimbursements for repairs made and unpaid performed by
Trustee, family members of Trustee or beneficiaries and the remainder of the fees to be
held in trust until further order of this court.

Dated this___ day of December, 2013

I HEREBY CERTIFY, that a true and correct copy of this Emergency Motion for
Order Allowing Sale of Real Property by Trustee was served on Robert C. Wilkins, Jr.,
B.C.S., attorney for the defendants, by electronic mail, at Service@wikinslegal.com and
CLA@wilkinslegal.com this i Gay of December, 2013.

David E. Cauthen

Attorney for Trustee

CAUTHEN, OLDHAM & ASSOCIATES, P.A.
131 West Main Street

Tavares, Florida 32778

(352) 343-3455

Fla. Bar No. 146140

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{b) If extreie weather or other condition of event constituting “Force Majeure" {see STANDARD G) causes: (i)
disruption of utilities or other services essential for Closing or (ji) Hazard, Wind, Flood or Homeowners’ insurance,
to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after restoration
of utilities and other services essential to Closing and availability of applicable Hazard, Wind, Flood or
Homeowners’ insurance. Sf restoration of such utilities or services and availability of insurance has not occurred
within (if left. blank, then 14) days after Closing Date, then either party may terminate this Contract by
delivering written notice to the other party, and Buyer shall be refunded the Deposit, thereby releasing Buyer and
Seller from ail further obligations under this Contract.

6.. OCCUPANCY AND POSSESSION:

{@) Unless the box in Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the
Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removed ail
personal items and trash from the Property and shail deliver all keys, garage door openers, access devices and
codes, as applicable, to Buyer. tf accupancy is to be delivered before Closing, Buyer assumes all risks of toss to the

70 Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be
mh deemed io have accepted the Property in its existing conditian-as of time of taking occupancy.

n* (b) 1] CHECK IF PROPERTY IS SUBJECT TO LEASE(S} OR OCCUPANCY AFTER CLOSING. If Property is
73

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subject to a lease(s) after Closing or'is intended to be rented or occupied by thitd parties beyond Closing, the facts
and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be

75 delivered to Buyer, ail within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion, that the
1% lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of
7 written natice of such election to Seiler within 5 days after receipt of the above items from Seller, and Buyer shall be
78 refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. Estoppel
19 Letter(s) and Seller's affidavit shall be provided pursuant to STANDARD D. If Property is intended to be occupied
Be by Selier after Closing, see Rider U. POST-CLOSING OCCUPANCY BY SELLER.

at’ 7, ASSIGNABILITY: (CHECK ONE): Buyer [) may assign and thereby be released from any further liability under this
82 Contract; [1] may assign but not be released from liability under this Contract; or [3 may not assign this Contract.

8 FINANCING

348. FINANCING:
856 (2 (a) Buyer will pay cash or may obtain a foan for the purchase of the Property. There is no financing contingency to

85 Buyer's obligation to close.

87* & (b) This Contract is contingent upon Buyer abtaining a written loan commitment for a &@ conventional [] FHA (] VA.
Ban or [ other (describe) foan on the following terms within (if teft blank, then 30) days after
aa* Effective Date (‘Loan Commitment Date") for (CHECK ONE): (J fixed, 17 a ineebi: Ci fixed or adjustable rate loan in
90° the Loan Amount (See Paragraph 2(c}), at an initial interest rate not to exceed % {if left blank, then prevailing

sie rate based upon Buyer's creditworthiness), and for aterm of __30__{if left blank, then 30) years (“Financing”).

92 Buyer shall make morigage loan application for the Financing within 5 {if teft blank, then 5) days after Effective
oa Date and use good faith and diligent effort to obtain a written [oan commitment for the Financing (‘Loan Commitment”)
4 and thereaiter to close this Contract. Buyer shall keep Seller and Broker fully informed about the status of mortgage
95 loan application and Loan Commitment and authorizes Buyer's mortgage broker and Buyer's lender ta disclose such
96 status and progress to Seller and Broker.

98 Upon Buyer's receipt of Loan Commitment, Buyer shalt provide written notice of same to Seller. If Buyer does not
3 receive Loan Commitment by Loan Commitment Date, then thereafter either party may cancel this Contract up to the
400 earlier of:
401 (i) Buyer's delivery of written notice to Seller that Buyer has either received Loan Commitment or elected to
102 waive the financing contingency of this Contract; or

103 (ii) 7 days prior to Closing Date.

104 {f either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not in default under the terms of
105 this Contract, Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from all further obligations under
706 this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing
107 contingency shail be deemed waived by Buyer.

108 tf Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not thereafter close, the
109 Deposit shalt be paid to Seller unless failure to close is due to: (1) Seller's defautt; (2) Property related conditions of the
no Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract); (3)
an appraisal of the Property obtained by Buyer's fender is insufficient to meet terms of the Loan Commitment; or (4) the
2 loan is not funded due to financial faliure of Buyer's lender, in which event(s} the Deposit shall be retured to Buyer,
ga thereby releasing Buyer and Seller from all further obligations under this Contract.

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FloridaRealtar idaBer-ASIS-2 Rev.8/13 © 2013 Florida Reatlors® and The Florida Bar, All rights reserved. ~

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tae (1 (c) Assumption of existing mortgage (see rider for terms).

115" D @) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms).

116 CLOSING COSTS, FEES AND CHARGES

417° 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:

118 (a) COSTS TG BE PAID BY SELLER:

19 +* Documentary stamp taxes and suriax on deed, if any + HOA/Condominium Association estoppel fees.
120 + Owner's Policy and Charges (if Paragraph 9(c) (i) is checked) + Recording and other fees neaded to cure tite
121 + Tille search charges (if Paragraph 9(c} (ill) is checked) * Seller's attomeys' fees

120 + Other:__M/A.

123 if, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a
124 sum equal to 125% of estimated costs to meet the AS [S Maintenance Requirement shall be escrowed at Closing. If
425 actual casts ‘to meat the AS IS Maintenance Requirement exceed escrowed amount, Selter shall pay such actual
126 costs, Any unused portion of escrowed amount(s) shall be retumed to Seller.

127 (b) COSTS TO BE PAID BY BUYER:

128 + Taxes and recording fees on notes and mortgages + Loan expenses

128 + Recording fees for deed and financing statements + Appraisal fees

130 + Owner's Policy and Charges (if Pareigraph 9{c)(ii) is checked) + Buyer's Inspections

wm * Survey (and elevation certification, if required) + Buyer's attomeys’ fees.

132 + Lender's title policy and endorsements + All property retated insurance

133 + HOA/Condorinium Association application/transfer fees * Owner's Policy Premium (if Paragraph

14 9 (c) (iti) is checked.)

135% + Other,_N/A

136" (c) TITLE EVIDENCE AND INSURANCE: At least {if left blank, then 5) days prior to Closing Date, a title
137, insurance commitment issued by a Florida ficensed title insurer, with legible copies of instruments listed as
128 exceptions attached thereto (‘Titie Commitment’) and, after Closing, an owner's policy of title insurance (see
139 STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of.title Insurance
140 covering the Real Property, a copy shall be furnished to Buyer and Closing Agsnt within 5 days after Effective Date.
144 The owner's title policy premium, title search, municipal lien search and closing services (collectively, “Owner's
142 Policy and Charges”) shall be paid, as set forth below

3 {CHECK ONE):

144™ & {i) Seller shall designate Closing Agent and pay for Owner's Policy and Gharges (but nat including charges for
1465 closing services related to Buyer's lender's policy and endorsements and loan closing, which amounts shall be paid
146 by Buyer to Closing Agent or such other provider(s) as Buyer may select); or

147" C) (il) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for closing
148 services related to Buyer's lender's policy, endorsements, and joan closing; or

aco" CO ii) MIAM-DADE/BROWARD REGIONAL PROVISION]; Seller shall furnish a copy of a prior owner's policy of
150 title insurance or other evidence of titte and pay fees for: (A) a continuation or update of such fille evidence, which
151 is acceptable fo Buyer's tille insurance underwriter for reissue of coverage; (B) tax search; and (C) municipal lien
152 search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's owner's policy, and if
153" applicable, Buyer's lender's policy. Setler shall not be obligated to pay more than $ (if left blank,
154 then $200.00) for abstract continuation or title Search osdered or performed by Closing Agent.

155 (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed and
156 certified by a registered Florida surveyor (“Survey”). if Seller has a survey covering the Real Property, a copy shalt
187 be furnished to Buyer and Closing it within 5 days after Effective Date.

150% {e) HOME WARRANTY: At Closing, Buyer & Seller 1] N/A shall pay for a home waranty plan issued by
19" OLD REPUBLIC at 2 cost not to exceed §. 450.00 . A home
160 warranty plan provides for repair or replacement of many of a home's mechanical systems. and major builtin
161 appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period.

162 (f} SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full amount of liens imposed by a public body
183 (‘public body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and
164 ratified before Closing; and (ji) the amount of the public bady's most recent estimate or assessment for an
165 improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being imposed
166 ‘on the Property before Closing. Buyer shall pay alf other assessments. If special assessments may be paid in
167 installments (CHECK ONE):

168" ( (a) Setter shall pay instaltments due prior ta Closing and Buyer shall pay installments due after Closing.
169 Installments prepaid or due for the year of Closing shall be prorated.

1708 § (b) Seller shall pay the assessment(s} in full prior to or at the time of Closing.

a4 iF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED.

Buyers wise MN) _ Page 30r4t Seller's Iniials |
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This Paragraph 9(f) Shall not apply to a special benefit tax len imposed by a community development district (CDD)
pursuant to Chapter 120, F.S., which lien shall be prorated-pursuant to STANDARD K.

174 DISCLOSURES

175 = 10. DISCLOSURES:

176 (2) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in 8 building in sufficient
v7 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal
178 and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon
170 testing may be obtained from your county health department.

160 {b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller
18T does not know of any improvements made to the Property which were made without required permits or made
182 pursuant to permits which have not been properly closed.

183 {c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concemed or
184 desires additional information regarding moid, Buyer should contact an appropriate professional.

185, {d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone
186 the Property Is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving
187 the Property and rebuilding in the event of casuaily. ff Property Is in a “Special Flood Hazard Area” or “Coastal
188 Barrier Resources Act” designated area or othenvise protected area identified by the U.S. Fish and Wildlife Service
189 under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and /or flood insurance
190 rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood
soft Insurance Program, Buyer may terminate this Contract by delivering written notice to Seller within (if left
192 blank, then 20) days after Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and
193 Seller from ail further obligations under this Contract, failing which Buyer accepts existing elevation of buildings and
194 flood zone designation of Property. The National Flood Insurance Reform Act of 2012 {referred to as Biggert-
195 Waters 2012) may phase in actuarial rating of pre-Flood Insurance Rate Map (pre-FIRM) non-primary structures
196 (residential structures in which the insured or spouse does not reside for at least 80% of the year) and an elevation
197 certificate may be required for actuarial rating.

198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure
198 required by Section 553.996, F.S,

200 (f) LEAD-BASED PAINT: {f Property includes pre-1978 residential housing, a iead-based paint disclosure is
2 mandatory.

202 (g) HOMEOWNERS’ ASSOCIATION/ICOMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS
203, CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS’ ASSOCIATION/COMMUNITY
204 DISCLOSURE, IF APPLICABLE.

205 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT
208 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO
207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY
208 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER
208 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY
210 PROPERTY APPRAISER'S OFFICE FOR INFORMATION.

ay (i) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a “foreign person” as defined by the
22 Foreign Investment in Real Property Tax Act ("FIRPTA’). Buyer and Seller shall comply with FIRPTA, which may
23 require Seller to provide additional cash at Closing. If Seller is not a “foreign person”, Selter can provide Buyer, at or
214 prior to Closing, a certification of non-foreign status, under penallés of perjury, to inform Buyer and Closing Agent
218 that no withhalding is required. See STANDARD V for further information pertaining to FIRPTA. Buyer and Seller
26 are advised to seek legal counsei and tax advice regarding their respective rights, obligations, reporting and
27 withholding requirements pursuant to FIRPTA.

28 (j) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Reat Property which are not
219 readily observable and which have not been disclosed to Buyer. Except as provided far in the preceding sentence,
220 Seller extends and intends no warranty and makes no representalion of any type, elther express or implied, as to
221 the physical condition or history of the Property. Except as otherwise disciosed in writing Seller has received no
222 written or verbal notice from any govemmental entity or agency as to a currently uncorrected building,
223 environmental or safety code viclation.

224 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS

228 © 14. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shail maintain the Property,
2s including. but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date (“AS 1S
zz Maintenance Requirement’).

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228 «12. PROPERTY INSPECTION; RIGHT TO CANCEL:

zee {a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL: Buyer shall have _____ (if left blank, then 15) days
230 after Effective Date (“inspection Period") within which to have such inspections of the Property performed
231 as Buyer shall desire during the inspection Period. if Buyer determines, in Buyer's sole discretion, that the
wz Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice of such
a3 election ta Seller prior to expiration of Inspection Period. If Buyer timely terminates this Contract, the
234 Deposit paid shail be returned te Buyer, thereupon, Buyer anid Seller shall be released of all farther
235 obligations under this Contract; however, Buyer shall he responsible for prompt payment for such
me Inspections, for repair of damage to, and restoration of, the Property resulting from such Inspections, arid
2st shall provide Selter with paid receipts for ail work done on the Property {the praceding provision shall
238 survive termination of this Contract). Unless Buyer exercises the right fo terminate granted herein, Buyer
239 accepts the physical condition of the Property and any violation of governmental, building, environmental,
240 and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Mairitenance
284 Requirement, and Buyer shall be responsible for any and all repairs and improvements required by Buyer's
a2 lender.

243, (b) WALK-THROUGH INSPECTION/RE4NSPECTION: On the day prior to Closing Date, or on Closing Date prior to
248 ‘time of Closing, as specified by Buyer, Buyer of Buyer's representative may perform a walk-through (and follow-up
248 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the
246 Property and to verify that Seller has maintained the Property as required by the AS {S Maintenance Requirement
247 and has met ail other contractual obligations.

248 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of
249 the Properly identifies open or needed building permits, then Sefler shall promptly deliver to Buyer all plans, written
280 documentation or other information in Seller's possession, knowledge, or control relating to improvements to the
281 Property which are the subject of such open or needed Permits, and shal! promptly cooperate in good faith with
282 Buyer's efforis to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seller's
253 Obligation to cooperate shall include Seller's execution of necessary authorizations, consents, or other documents
254 necessary for Buyer te conduct inspections and have estimates of such repairs or work prepared, but in fulfilling
235 such obligation, Seller shall not be required to expend, of become obligated to expend, any

256 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost,
287 Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties to Buyer.
258 ESCROW AGENT AND BROKER,

259 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively “Agent*) receiving the Deposit, other funds and
260 other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escraw within the
261 State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions of this Contract.
262 Failure of funds fo become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the
263 Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions
264 permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under this
265 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its
266 disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or
267 Agent may deposit same with the cierk of the circuit court having jurisdiction of the dispute. An attomey who represents
288 @ party and ajso acts as Agent may represent such party in such action. Upon notifying all parties concerned of such
269 action, ail liability on the part of Agent shail fully terminate, except to the extent of accounting for any items previously
270 delivered out of escrow, If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as
271 amended and FREC mules to timely resolve escrow disputes through mediation, arbitration, interpteader or an escrow
272 disbursement order.

273 Any proceeding between Buyer and Selfer wherein Agent is made a party because of acting as Agent hereunder, or in
274 any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's
78 fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not ba
276 liable to any party or person for mis-delivery of any escrowed iterns, unless such mis-delivery is due to Agent's wilful
27 breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this
276 Contract.

272 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, square
280 footage, and ail other facts and representations made pursuant to this Contract and to consult appropriate professionals
281 for legal, tax, environmental, and other specialized advice conceming matters affecting the Property and the transaction
282, contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that ail
283 representations (oral, written or otherwise) by Broker are based on Selfer representations or public records. BUYER:
284 AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES
285 FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT
286 PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN GR OTHERWISE) OF BROKER.

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Buyer and Seller (individually, the “indemmifying Party") each individually indemnifies, holds harmless, and releases
Broker and Broker's officers, directors, agents and emplayees from ait ability for loss or darnage, including all costs
and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Brokers officers,
directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by
Buyer or Seller based on: (i) inaccuracy of information provided by the Indemnifying Party or from public records; (ii)
Indemnifying Party's misstatement(s) or failure to perform contractual obligations; (iii) Broker's performance, at
Indemnifying Party's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended,
including Broker's referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv)
products or services provided by any such vendor for, or on behalf of, Indemnifying Party, and (v) expenses incurred by
any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective
vendors and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will
not relieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14,
Broker will be treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract.

DEFAULT AND DISPUTE RESOLUTION

45. DEFAULT:

(a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, including
payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the
account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and in full
settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this
Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's rights
under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shail be split
equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker's share shall nat be
greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker.

{b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after reasonable
diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to
receive ratum of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach,
and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance.

This Paragraph 15 shall survive Closing or termination of this Contract.

16. DISPUTE RESOLUTION: Unresolved controversies, clalms and other matters in question between Buyer and Selier
arising out of, or relafing to, this Contract or its breach, enforcement or interpretation (“Dispute”) will be settled as

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follows:

(a) Buyer and Seller will have 10 days after the date conilicting demands for the Deposit are made to attempt to
319 wo such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph
320 }.
a2t (b) Buyer and Seller shall attempt to settie Disputes in an amicable manner through mediation pursuant to Florida
922 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the “Mediation Rules’). The
323 medfator must be cartified or must have experience in the real estate industry. {njunctive relief may be sought
324 without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be
325 resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall
326 survive Closing or termination of this Contract.
327. «17. ATTORNEY’S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by
328 this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in
328 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall be entitled to recover
330 from the non-prevailing party costs and fees, including reasonable attomey's fees, incurred in conducting the litigation.
331 ‘This Paragraph 17 shail survive Closing or termination of this Contract.
332 STANDARDS FOR REAL ESTATE TRANSACTIONS (“STANDARDS”)
333 «18, STANDARDS:
334 A. TITLE:
335 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period pravided in Paragraph
336 Q(c), the Title Commitment, with tegible copies of instruments listed as exceptions attached thereto, shait be issued and
337 delivered to Buyer. The Title Commitment shall set forth those matters to be discharged by Seller at or before Closing
338 ‘and shail provide that, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the
338 Purchase Price, shall be issued to Buyer insuring Guyer's marketable title to the Real Property, subject only to the
340. following matters: {a) comprehensive land use plans, zoning, and other jand use restrictions, prohibitions and
341 requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise
342 common to the subdivision; (c) outstanding ail, gas and mineral rights of record without right of entry; (d) unplatted
343 public ulility easements of record (located contiguaus to real property lines and not more than 10 feet in width as to rear
344 or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and subsequent years; and (f}

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STANDARDS FOR REAL ESTATE TRANSACTIONS (“STANDARDS”) CONTINUED

MS assumed mortgages and purchase maney mortgages, if any (if additional items, attach addendum); provided, that, none
46 prevent use of Property for RESIDENTIAL PURPOSES. if there exists at Closing any violation of items identified in (b)
3a — (f) above, then the same shall be deemed a title defect. Marketable tille shall be determined according to applicable
348 Title Standards adopted by authority of The Florida Bar.and in accordance with law.

349 (i) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in
350 writing specifying defects}, if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered
35% fo Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to

362, examine same in accordance with this STANDARD A. Seller shail have 30 days (“Cure Period’) after receipt of Buyer's
353 notice to fake reasonable diligent efforts to remove defects. {f Buyer fails to So notify Selter, Buyer shall be deemed to
364 have acceptes title as it then is. {f Seller cures defects within Cure Period, Seller wit! deliver written notice to Buyer (with
355 proof of cure acceptable to Buyer and Buyer's attorney) and the parties will close this Contract on Closing Date (or if
356 Closing Date has passed, within 10 days after Buyer's receipt.of Seller's notice). If Seller is unable to cure defects
387 within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller: (a)
368 extending Cure Period for a specified period not to exceed +20 days within which Seller shall continue to use
369 Feasonable diligent effort to remove or cure the defects (“Extended Cure Period"); or (6) electing to accept title with
360 existing defects and close this Contract on Closing Date (ar if Closing Date has passed, within the eatiter of 10 days
361 after end of Extended Cure Period or Buyer’s receipt of Seller's notice), or {c} electing to terminate this Contract and
362 receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. If
63 after reasonable diligent effort, Seller is unable to timely cure defects, and Buyer does not waive the defects, this
364 Contract shail terminate, and Buyer shall receive a refund of the Deposit, thereby releasing Buyer and Seller from all
385 further obligations under this Contract.

366 B. SURVEY: If Survey discloses encroachments on the Real Property or thal improvements located thereon encroach
wT ‘on setback fines, easements, or lads of others, or violate any restrictions, covenants, or applicable governmental
368 regulations described in STANDARD A (i)(a), (b) of (4) above, Buyer shall deliver written notica of such matters,
389 together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than Closing. if Buyer

370 timely delivers such notice and Survey to Selier, such matters identified in the notice and Survey shail constitute a title
374 defect, subject to cure obligations of STANDARD A above. ff Seller has delivered a prior survey, Seller shall, at Buyer's
372 request, execute an affidavit of “no change” to the Real Property since the preparation of such prior survey, to the
373 extent the affirmations therein are true and correct.

378 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to the
378 Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access.

376 D. LEASE INFORMATION: Seller shall, at east 10 days prior to Closing, furnish to Buyer estoppel letters from
37 tenani{soccupanl(s) specifying nature and duration of occupancy, rental rates, advanced rent and security deposits
378 paid by tenant(s) or occupant(s)(“Estoppel Letter(s)"). If Seller is unable to obtain such Estoppel Letter(s) the same
373. information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit and Buyer may
280 thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel Letter(s) or Seller's affidavit, if any,
384 differ materially from Seller's representations and tease(s) provided pursuant to Paragraph 6, or if tenant(s)/occupant(s)
382 fail or refuse to confirm Seller's affidavit, Buyer may deliver written notice to Selfer within 5 days after receipt of such
383 information, but no later than 5 days prior to Closing Date, terminating this Contract and receive a refund of the Deposit,
384 thereby releasing Buyer and Seller from all further obligations under this Contract. Seller shall, at Closing, deliver and
385 assign all \eases to Buyer who shall assume Seller's obligations thereunder.

386 E. LIENS: Seller shail furnish to Buyer at Closing an affidavit attesting (i) to the absence of any financing statement,
387 claims of lien or potential tienors known to Seller and (ji) that there have been no improvements or repairs to the Real
388 Property for 90 days immediately preceding Closing Date. if the Reat Property has been improved or repaired within
389 that lime, Seller shail deliver releases or waivers of construction liens executed by all general contractors,
390, subcontractors, suppliers and materialmen in addition to Sellers lien affidavit setting forth names of alt such general
3H contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs
302 which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at Closing.
393. F. TIME: Calendar days shall be used in computing time periods. Time is of the essence In this Contract.
304 Other than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates
395 ‘Specified In this Contract, whether preprinted, handwritten, typewritten or inserted herein, which shalt end or occur on a
396 Saturday, Sunday, or a national tegal holiday (see 5 U.S.C. 6103) shall extend to 5:00 p.m. (where the Property is
397 located) of the next business day.

398 G, FORCE MAJEURE: Buyer or Seller shali not be required to perform any obligation under this Contract or be liable
398 le each other for damages so long as performance or non-performance of the obligation is delayed, caused or
400 Prevented by Force Majeure. “Force Majeure” means: hurricanes, earthquakes, floods, fire, acts of God, unusual
401 ‘ransportation delays, wars, insurrections, acis of terrorism, and any other cause not reasonably within contro! of Buyer
402 ‘or Selier, and which, by: exercise of reasonable diligent effort, the non-performing party is unable in whole or in part to
403 prevent or overcome. All time periods, including Closing Date, will be extended for the period that the Force Majeure
404, Prevents performance under this Contract, provided, however, if such Force Majeure continues to pevent performance

Buyer's tniiats iy) Page 7 of 11 sess J)
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STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED

under this Contract more than 14 days beyond Closing Date, then either party may terminate this Contract by delivering
written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all
further obligations under this Contract.
H. CONVEYANCE: Seller shall convey marketable title to. the Real Property by statutory warranty, trustee's, personal

ntative's, or guardian’s deed, as appropriate to the status of Seller, subject only to matters described in
STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by absolute
bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract.
|. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE:
(i) LOCATION: Closing will take place in the county where the Real Property is located at the office of the attorney or
other closing agent (“Closing Agent") designated by the party paying for the owner’s policy of title insurance, or, if no
title insurance, designated by Seller. Closing may be conducted by mail or electronic means.
Gi) CLOSING DOCUMENTS: Seller shail at or prior to Closing, execute and deliver, as applicable, deed, bill of sale,
certificata(s) of tite or othér documents necessary to transfer title to the Property, construction lien affidavit(s), owner's
possession and no lien affidavit(s), and assignment{s) of teases. Seller shall provide Buyer with paid receipts for all
work.done on the Properly pursuant to this Contract. Buyer shail furnish and pay for, as appticable the survey, flood
elevation certification, and documents required by Buyer's lender.
(iil) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. if the Title Commitment
provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow closing
procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all closing
funds, disburse at Closing the brokerage fees fo Broker and the net sale proceeds to Seller.
J. ESCROW GLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide for
insurance against adverse matters as permitted under Section 627.7841, F.S., as amended, the following escrow and
closing procedures shail apply: (1) all Closing proceeds shall be held In escrow by the Closing Agent for a period of not
more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall,
within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such
notification to cure the defect; (3) if Seller fails to timely cure the defect, the Deposit and ail Closing funds paid by Buyer
shall, within 5 days after written demand by Buyer, be refunded-to Buyer and, simultaneously with such repayment,
Buyer shall return the Personal Property, vacaia the Real Property and re-convey the Property to Seller by special
warranty deed and bill of Sale; and (4) if Buyer fails to make timely demand for refund of the Depasit, Buyer shall take
title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranties contained in the deed or bill of sale.
K. PRORATIONS; CREDITS: The following recurring items will be made current (if appticable) and prorated as of the
day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes {including
special benefit tax assessments imposed by a CDD), interest, bonds, association fees, insurance, rents and other
expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in-which event
premiums shail be prorated. Cash at Closing shail be increased or decreased as may be required by prorations to be
made through day priar to Closing, Advance rent and security deposits, if any, will be credited to Buyer. Escrow
deposits held by Seller's mortgagee will be paid to Seller. Taxes shail be prorated based on current year's tax with due
altowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs on a date when
current year’s millage is not fixed but current year's assessment is available, taxes will be prorated based upon such
assessment and prior year's millage. if current year’s assessment is not available, then taxes will be prorated on prior
year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing, which
improvements were not in existence on January 1” of prior year, then taxes shail be prorated based upon prior year’s
millage and at an equitable assessment to be agreed upon between the parties, failing which, request shall be made to
the County Property Appraiser for an informa! assessment taking into account available exemptions. A tax proration
based on an estimate shail, at either party's request, be readjusted upon receipt of current year's tax bill. This.
STANDARD K shat! survive Closing.
L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall,
upon reasonable notice, provide utilities service and access fo Property for appraisals and inspections, Including @ walk-
through (or follow-up walk-through if necessary) prior to Closing.
M. RISK GF LOSS: If, after Effective Date, but before Closing, Property Is damaged by fire or other casualty
(‘Casualty Loss") and cost of restoration (which shail include cost of pruning or removing damaged trees) does nat
exceed 1.5% of Purchase Price, cost of restoration shall be an obligation:of Seiler and Closing shall proceed pursuant
fo terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% of estimated cost to
complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. ff actual cost of restoration
exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase Price), Any
unused portion of escrowed amount shall be retumed to Selier. If cost of restoration exceeds 1.5% of Purchase Price,
Buyer shail elect to either take Property “as is” together with the 1.5%, or receive a refund of the Deposit, thereby
releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree

Case Info

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LAW, WILLIAM G Track Judge’s New Case

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Document Filed Date

December 11, 2013

Case Filing Date

November 01, 2012

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Motion,Ex Parte: ROBERTSON TRUSTEE, KAREN J vs RYAN II, ROBERT P et al

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