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¥*** FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. ***
Electronically Filed 05/24/2013 06:19:36 PM ET
IN THE CIRCUIT COURT OF THE
19TH JUDICIAL CIRCUIT, IN AND
FOR LAKE COUNTY, FLORIDA
CASE NO.: 2012 CA 003843
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
AMENDED DECLARATORY COMPLAINT
EXHIBITS “C THROUGH E”MAY-23-2833 15:68 From: To: 13523438801 Paserevi1
“AS 1S" Residential Contract ‘Cauthen Oldham & Associates, PA
For Sale And Purchase 431 West Main St
THIS FORM HAS BEEN APPROVED BY Tevares. Florida 32778
THE FLORIDA REALTORS AND THE FLORIDA BAR 9©2°943-3455/ 952-343-8801
v PARTIES: Karen J. Robertson, Tivstoe of tne Rosemary A. Ryan's Revocable Living Trust. ("Seller"),
eo and Riana Devonport (‘Buyer’),
3 agree that Seller shall sail and Buyer shal{ buy the following described Real Property and Personal
4 Property (collectively “Property") pursuant to the terms and conditions of (his AS {$ Residential Contract For Sale
s
6
7
And Purchase and any riders and addenda {"Contract"):
1. PROPERTY DESCRIPTION:
" (a) Street address, city, zi
1614 Diana Drive, Winter Park FL 32789
” {b) Property Is located in: Orange County, Florida. Real Property Tax ID No: 37-27-30-3778-00-100_
s (c) Legal description of the Real Property: 10, i$, Third ReP|
wr
" together wilh all existing improvements and fixtures, including buill-in appliances, bull-in furnishings and
% attached wall-to-wall carpeling and flooring ("Real Property”) uniess specifically excluded below.
M (d) Personal Property: The following items owned by Seller and existing on the Property as of the uate
” of the iniilal offer are included in the purchase ("Personal Property’); (|) range(s)/oven(s), dishwasher(s).
1“ uisposal, ceiling fan(s), intercom. light Mixtures, rods, draperies and other window lreatments, garage door
1% openers, and security geste and olher access dovices; and (ii) those additlonal items checked below. if
we additional details are necessary, specify below If left blank, the item betow is not included:
Refrigerator(s) Xf Smoke detoctar(s) Pool barrierfence Storage shed
Microwave oven. Security system Pool equipment TV antenna/satellile dish
D washer O windew/walt are © Poa! heater © water softener/purifier
Oryer Generator Spe crhot tub with heater © Storm shutters end
1 Stangsalone ice maker © Above graund pool pandis
” The only other items of Persona! Property Included in this purchase, and any sdditlonal details regarding
1. Personal Property, if necessary, are: W/A
20
a Personal Property is included in the Purchase Price, has no coniributory value, and shall be lett for ihe Buyer.
we (e) The following items are excluded from the purchase:_A/A
ey . sane
ae 2. PURCHASE PRICE (U.S. currenty): 2.06.60: cece eens eee eee ee settee eee teense es SL 300,000.00,
at (a) Initial deposit to be held In escrow in the amount of (checks subject to COLLECTION) §,
26 The initial daposit made payable and delivered to "Escrow Agent" named below
a (CHECK ONE) OJ sccompanies offer or Q is to be made upon acceptance (Effective Date)
28 or D1 is to be made wathin {if blank, then 3) days after Effective Dale
3 Escrow Agent information: Name: Sellar, Sewell, Saylor, Russ & Johnson, PA.
aor Address: P. 0. Sox 492722, Looshurg, Fl 34749.2722 Phone: _ 352/787-2308
ot E-mail. chuck{@907webster.com Fax: 352/787-4347
22 (b) Additional deposit to be delivered to Escrow Agent within waa (lf blank, then 3)
3 Gays after Effective Date. 2. ke bee Se
uM (All deposits paid or agreed to be paid, are collectively referred to as the Deposit")
{c) riancing: Express as a dollar amount or percentage ("Loan Amount’) See Paragraph... 0
age (d) Other: ve §.
7 (e) Balance to close (not including Buyer's closing costs, prepaids and prorations) by wire
ser trangfec of other COLLECTED funds. S___300,909,00
w@ NOTE: For the definition of "COLLECTION'
40 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE:
ow {a) If not signed by Buyer and Seller, and an executed copy delivered to all panies on or before June 15th, 2012 _
a this offer shalt he deemed withdrawn and the Deposit, if any, will be returned to Buyer
a Unlass otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the
“ counter-offer is delivered.
45 (b) The effective date of this Contract will be the date when the lasi one of the Buyer and Setler has signed or
a6 initialed this offer or final counter-offer ("Effective Date").
« 4. CLOSING DATE: Unless modified by other provisions of this Coniract, the closing of this ransaction shall occur
“6 and the closing documents required to be furnished by each party pursuant to this Contract shall be delivered
0 {'Closing”) on _June 30. . (‘Closing Date’), ai the time established by the Closing Agent
Buyer's Inivats 2 eee Page 1 of 10 Sellar’s Initiols
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EXHIBIT "C"MAY-23-2013 15: From: Tot 135234938801 Pase:S7i1
so 5, EXTENSION OF CLOSING DATE:
by {a) If Closing funds from Buyer's lender(s) are not available at time of Closing due to Truth In Lending Act (TILA)
or notice requirements, Closing shall be extended for such period neressary to satisfy TILA notice requirements,
a not to exceed 7 days.
64 {b) f extreme weather or other condition or event constituting "Force Majeure” (see STANDARD G) causes:
55 (i) sisruption of ufilities or other services essential for Closing, or (ji) Hazard, Wind, Flood or Homeowners’
56 insurance, to become unavailable prior to Closing, Closing will be extended a reasonable time up to 3 days
87 after restoration of utllities and other services essential lo Closing, end availability of applicable Hazerd, Wind,
$0 Fiood or Homeowners’ insurance. If restoration of such utilities or services and availability of insurance has not
$e occurred within (if left blank, 14) days after Closing Date, then either pany may terminate this
6) Contract by delivering writlen notice to the other party, and Buyer shall be refunded the Deposit, thereby
6 celeesing Buyer and Seiler from alt further obligations under this Contract.
e2 6, OCCUPANCY AND POSSESSION: Unless otherwise stated herein, Seller shall at Closing, have removed all
03 personal items and trash from the Property and shall deliver occupancy and possession, along with all keys,
ws garage door openers, access devices ent codes, as applicable, to Buyer. If Property is intended to be rented or
occupied beyond Closing, the fact and terms thereof and the tenant{s} or occiipants shall be disclosed pursuant
8 to STANDARD O if occupancy is te be dalivered before Closing, Buyer assumes all risks of loss to Property from
or date of occupancy. shall be responsible and liable for maintenance from that date, and shall be deemed to have
66 accepted Property in its existing condition ag of time of taking occupancy.
6” 7. ASSIGNABILITY; (CHECK GNE) Buyer O may assign and thereby be released from any further liability
To under this Contract; C1 may assign but not be released from liability under this Contract; or O may not assign
n this Contract.
w FINANCING
7a 8.FINANCING:
Tet EL(a) Buyer will pay cash or may obtain a foan for the purchase of the Property. There is no financing
18 contingency lo Buyer's obligation to close.
1 © (b) This Contract is contingent upon Buycr abtaining 2 written loan commitment for a O conventional C) FHA
7 C1 VA foan on the following terms within ____ (if blank, then 30) days after Effective Date ("Loan
70 Commitment Dele") for: (CHECK ONE) (I fixed, © adjustable, O fixed or adjustable rate loan in
1 the principal amount of § or % of the Purchase Price, at an initial interest rate
oo not to exceed % (if blank, then prevailing rate based upon Buyer's creditworthiness), and for 3
or term of years ("Financing").
er Buyer will make mortgage loan application for the Financing within __{if blank, then 5) days aker
8 Effective Date and use good faith and diligent effort to obtain a written toan commitment for the Financing
a {Loan Commitment’) and close this Contract. Buyer shalt keep Seller and Broker fully informed about
as the slatus of mortgage loan application and Loan Commitment and authorizes Buyer's mortgage broker and
86 Buyer's tender to disclose such Slalus and progress te Seller and Broker.
oF Hf Buyer does not receive Loan Commitment, then Buyer may terminate this Contract by delivering written
ve nolice to Seller, and the Depasit shall be refundad to Buyer, theraby releasing Buyer and Seller from all
25 further obligalions under this Contract.
* if Buyer does nol daliver written notice to Seller of receipt of Loan Commitment or Buyer's written waiver of
a this financing contingency. then after Loan Commitment Date Seller may terminate this Contract by
2 delivering wrinen notice to Buyer and the Deposit shall be refunded to Buyer, thereby releasing Buyer and
as Seller from alt funher obligations under this Contract.
se if Buyer delivers written nolice of receipt of Loan Commitment to Seller and this Contract does not
6s thoreatter close, the Deposit shall be paid to Seller unless failure lo close is due lo; (1) Seller's default,
oe (2) Property related conditions of the Loan Commitment have not been met (except when such conditions
7 Bre waived by other provisions of this Contract); (3) appraisal of the Property ebtained by Buyer's lendar is
90 insufficient to meet tems of the Loan Commitment; or (4} the loan is not funded due to financial failure of
oy Buyer's lender, in which event(s) the Deposit shall be roturned to Buyer, thereby raleasing Buyer and Seller
100 from all further obligations under this Contract.
ror” —_ (c) Assumption of existing mortgage (see rider for terms).
yon" C (a) Purchase money note and mortgage to Seller (see riders; addenda: or special clauses for terms).
Buyer's Intigis hed —_—_ Page 2 of 10 Seller's Initials _f iM ee
FiondaReallors/Fioh@SBar ASIST Rv, 6/108 2010 Florida Reahors® anu The Floncs Rar. Alt rignis reserved
EXHIBIT "C"MAY-23-2613 15:09 From: To: 13523438801 Paser4/it
109 CLOSING COSTS, FEES AND CHARGES.
re 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:
10° = (a) COSTS TO BE PAID BY SELLER:
+ Decumentary stamp taxes and sullax on deed. if any + HOA/Condominium Association estoppel foas
+ Owner's Policy and Charges (it Paragraph 9(c){i} is hacked) « Recording and other fees needed {0 cuse title
. aie search charges (if Paragraph 9(c)(iii) is checked) + Seller's altorneys' fees
+ Other:
08 If, prior to Closing, Seller is unable (o meet the AS IS Maintenance Requirement as required by Paragraph 11
wr 3B Sum equal 10 125% of estimated cost fo meet the AS IS Malntenance Requirement shall be escrowed at
108 Closing, If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall
109 pay such actual costs. Any unused ponion of escrowed amounl shall be returned to Seller.
ne (b) COSTS TO BE PAID BY BUYER:
+ Taxes and recording fees on notes and mortgages > Loan expenses:
+ Recording fees tor deed and financing statements + Appraisal fees.
+ Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) - Buyer's Inspections
+ Survey (and elevation certification, if required) + Buyar'e attorneys’ feos:
» Lender's title policy and endorsements + All property related insurance
» HOA/Condominium Association application/iransfer fees
* Other:
wt (c) TITLE EVIDENCE AND INSURANCE: At least (if blank, then §) days prior to Closing Date, a tile
113, insurance commitment issued by a Florida licensed title insurer, with legible copies of Instruments listed as
113 exceptions attached thereto ("Title Commilment’) and, afier Closing, an owner's policy of litle insurence (see
4 STANDARD A for terms) shall be oblained and delivered to Buyer. If Seller has an owner's policy of tile
us Insurance covering the Reai Properly, a copy shall be furnished to Buyer and Closing Agent within 5 days after
Ne Effective Date. The owner's title policy premium and charges for owner's policy endorsements, title search.
aT and closing services (collectively, "Owner's Policy and Charyes"} shal be pald, as set forth below
We (CHECK ONE):
sabe MY (i) Seller will designate Closing Agent and pay fer Owner's Policy and Chargas (bul not including charges
120 for closing services related to Buyer's lender's palicy and endorsements and loan closing, which amounts
at shall be paid by Buyer to Closing Agent or such other provider(s) as Buyer may select); or
920" {i (i) Guyer will designate Closing Agent and pay for Owner's Policy and Charges and charges for closing
129 services related 1o Buyer's lender's policy, endorsements, and loan closing; or
120° O (iil) (MIAMI-DADE/BROWARD REGIONAL PROVISION): Seller will furnish a copy of a prior owner's policy
126 of title insurance or other evidence of title and pay fees for: (A) 2 continuation or update of such title evidence,
Ab which is acceptable to Buyer's title insurance underwriter for reissue of coverage: (B) fax search, anc
12? {C) municipal tlen search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyers
428 owner's policy, and i applicable, Buyer's tender's policy. Seller shall not be obligated to pay more than
320° $ (if biank, $200.00) for abstract continuation or title search ordered or performed by Closing
190 Agent.
1 (4) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed
132 and certified by a registered Floride surveyer ("Survey"). If Seller has @ survey covering ihe Real Property. &
133 copy shalt be jumished to Buyer and Closing Agent within 5 days after Effective Date.
ae (2) HOME WARRANTY: At Closing, [) Buyer O Sellar JX N/A will pay for e home warranty plan issued by
as ata cost not to exceed §, A home
6 warranty plan provides for repair or replacement of many of a home's mechanical systems and mejor built-in
17 appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period
130 () SPECIAL ASSESSMENTS: Ar Closing, Seiler will pay: {i) the full amount of liens imposed by a public body
Ww (‘public body" dees net include a Condominium or Homeowner's Association) that are certified. confirmed and
460 ratified before Closing; and (ii) Ine amount of the pubtic body’s most recent estimate or assessment for an
ant improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being
4182 imposed on the Propeny before Closing. Buyer will pay all other assessments. If special assessments may
103 be paid In installments (CHECK ONE}:
we ©) (a) Soller shail pay Instaliments due prior to Closing and Buyer shall pay installments due after
168 Closing. Installments prepaid or due for the year of Closing shall be prorated.
vcr O (b) Seller shall pay the asaessment(s) In full prior to or at the timo of Closing.
147 IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED.
tan This Paragraph 9(f) shall not apply to 8 special benefit tax lien imposed by a cormmmunity development district
ap (CPD) pursuant to Chapter 190 F.S, which lien shall be treated as an ad valorem tax and prorated pursuant to
160 STANDARD K.
Buyer's Initials Me eae Page Saf 10 Seller's tnilials, eye. —--—
FioridaReakorsiFiongaBarASIS-) Rev 60 © 2010 Fioride Realiore@™ ana The Fiorido Aer All rights reserved
EXHIBIT "C"MAY-23-2613 15:49 From: Tot 13523438881 Pase:S744
ws DISCLOSURES
isa 10. DISCLOSURES:
153 (8)RADON GAS: Radon is a naturaily occurring radioactive gas thal, when it is accumulated in 3 building in
1H sufficient quantities, may present health risks fo persons who are exposed to it over time. Levels of radon that
155 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
38 radon and radon testing may be obtained from your county health department.
+7 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer In a written disclosure,
385 Seller does not know of eny improvements made to the Property which were made without required
169 permits or mado pursuant to permits which have not been properly closed.
100 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to propery. If Buyer is concerned or
161 desires additional information regarding mold, Buyer should contact an appropriate professional
Wwe (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation cenificale which flood
182 zone the Properly is In, whether flood insurance is required by Buyer's tender, and what resirictions apply lo
164 improving the Property and rcbuilding in the event of casualty. If Propenty is In 8 "Special Flaod Hazard Area”
ve or “Coastal High Hazard Area” and finished floor elevation is below minimum flood elevation, Buyer may
166 terminate this Contract by delivering writen notice to Seller within 20 days after Effective Date, failing which
an? Buyer accepts existing elevation of buildings and fland zone designation of Property.
we (e} ENERGY BROCHURE: Buyer acknowledges receipt of Florida Eneray-Efficiency Rating Information Brochure
1D required by Section 553.996, F.S.
179 (f) LEAD-BASED PAINT: If Property includes pre-1978 residential housing. a leed-based paint rider Is
any mandalory.
72 (g) HOMEOWNERS: ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS
173 CONTRACT UNTIL SUYER HAS RECEIVED AND READ THE HOMEOWNERS’
we ASSOCIATIONICOMMUNITY DISCLOSURE, IF APPLICABLE,
v8 (b) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT
78 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE GUYER MAY BE OBLIGATEO
0 TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY
178 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER
175 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE
100 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
104 (i) TAX WITHHOLDING: If Seller is a “foreign person" as defined by the Foreign Investment in Real Property Tax
18 Act ("FIRPTA’), Buyer and Seiler will comply with FIRPTA, which may require Seller to provide additional cash
wa al Closing.
104 §) SELLER DISCLOSURE: Soller knows of no facts materially affecting the value of the Real Property which are
reo not readily observable and which have not been disclosed to Buyer. Except as stated in the preceding sentence
100 or otherwise disclosed In writing. (1} Seller has received no written or verbal notice from any governmental
187 entity or agency as to a currently uncorrected building, environmental or safety code violalon, and (2) Seller
we extends and intends no warranty and makes no representation of any type, either express or iriplied, 6S lo the
1 physicel condition or history of the Property.
180 PROPERTY MAINTENANCE, CONCITION, INSPECTIONS AND EXAMINATIONS
19) 14. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the
192 Property, including, but not limited to, lawn, shrubbery, and pool, in the conditien axisting as of Effective Date
199 (AS 1S Maintenance Requirement”).
194 12, PROPERTY INSPECTION; RIGHT TO CANCEL:
185° (a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL: Buyer shall have 3.___.. (if blank, 15) days from
we Effective Date ("inspoction Perlod”) within which to have such inspactions of the Property performed
7197 as Buyer shaft desire during the Inspection Period. if Buyer determines, in Buyer's sole discretion, that
we the Property is not acceptable to Buyer, Buyer may terminate thls Contract by delivering written notice
wD of such election to Seller prior to expiration of Inspection Period. If Buyer timely terminates this
200 Contract, the Deposit paid shall be immediately returned to Buyer, thereupon, Buyer and Seller shelf
zor be refeased of aff further obligations under this Contract; however, Buyer shali be responsible for
22 prompt payment for such inspections, for repair of damage to, end restorution of, (he Property
203 resulting from such inspections, snd shell provide Seller with paid recaipts for aif work done on the
204 Property (the praceding provision shall survive termination of this Contract). Unioss Buyer exercises
205 the right to terminate granted herein, Buyer accepts the physical condition of the Property and any
200 violation of governmental, building, environmental, and safety codes, restrictions, or requirements, but
207 Subject to Seller's continuing AS {S Maintenance Requirement, and Buyer shall be responsible for any
20e and all repairs and improvements roquired by Buyer's fender.
Buyer's Inittals Lk ee Page 4 of 10 Seller's Initials Yy Lo
FloricoP.eattore/Floridagal TS-7 Rev. 6/10 ©2070 Florlag Reatias® and The Floida Bay, All righls seserved,
EXHIBIT "C"MAY-23-2613 15:10 From: To? 13523438801 Pase:6714
208 (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior
ww to time of Closing. as specificd by Buyer. Buyer or Buyer's representative may perform a walk-through (and
a follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personel
ate Property ara on the Property and to verify that Seller has maintained the Property as required by the AS IS
213 Maintenance Requirement snd has met all other contractual obligations.
21 (c} SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's
245 inspection of the Property identifies open or needed building permits. then Seller shall promptly daliver to
ae Buyer all plans, written documentation or other information in Seller's possession, knowledge, or control
2 relating to improvements to the Property which are the subject of such open or needed Permits, and shall
26 promptly cooperate in good faith wilh Buyer's efforts fo obtain estimates of repairs or other work necessary to
2 resolve such Permll issues. Seller's obligation to copperate shail inciude Seller's execution of necessary
220 aulhorizations, consents, or other documents necessary for Buyer to conduct inspections and have estimates
2 of such repairs or work prepared, but in fulfilling such obligation, Seller shalt not be required to expend, or
222 become obligated to expend, any money,
20 {d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyers option and
2 cost, Seller will. at Closing, assign all assignable repair, treatment and maintenance contracts and warranties
225 to Buyer
206 ESCROW AGENT AND BROKER
227 13, ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively “Agent") receiving the Depasit, other funds
ate and other ilems is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow
720 within the State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions
230 of this Contract. Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting
mt demands for the Deposit ate received, or Agent has a good faith doubt as tp entitlement to ine Deposit, Agent
a may take such actions permitted dy this Paragraph 13, as Agent deems advisable. If In doubt as to Agent's duties
233 of fiabilities under this Contract, Agem may, at Agent's option, continue ta hold the subject matter of the escrow
2a until the parties agree to its disbursement or until a flnal judgment of @ court of competent jurisdiction shall
2 determine the rights of the parties, or Agent may deposit seme with the clerk of the circuit court having jurisdiction
ae of the dispute An attorney who represents a party and also acts as Agent may rapresent such party in such
nr action. Upon nolifying oll parties concerned of such action, all liability on the part of Agent shall juily terminate,
28 except to the extent of accounting for any items previously delivered out of escrow. If 3 licensed real estale
28 broker. Agent will comply wilh provisions of Chapter 475, F.S., ag amended and FREC rules to timely resolve
2en escrow dispules through mediation, arbitration. inlerpleader or an escrow disbursement order
mi Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder.
22 or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable
24) attorney's fees and costs incurred, lo be paid pursuant to court order out of the escrowed funds or equivalent
244 Agent shail not be liable to any party or person for mis-deiivery of any escrowed items, unless such mis-delivery Is
2S due io Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing
206 of termination of this Conteacl.
27 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verity Proporty condition,
wo square footage, and all other facts and representations made pursuant to this Contract and to consult sppropriate
203 professionals for legal, tax, environmental, and other specialized advice conccrning matters atfecting the Property
eo and the transaction contemplated by this Contract, Broker represents to Buyer that Broker does not reside on the
ant Property and thet all ropresentations (oral, writtan or otherwise) by Broker are based on Seller representetions or
252 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND
289 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND
4 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL,
288 WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually. the “indemnifying Party") each
70 individually indemnifies, holds harmless, and releases Broker and @roker's officers, directors, agents and
2ST employees from ail lability for loss or damage, including ail costs and expenses, and reasonable attorney's fees
268 at all tevels, suffered or incurred by Broker and Broker's officers, directors, agents snd employees In connection
259 with or arising from claims, demands or causes of action instituted by Buyer or Seller based on: (i) inaccuracy of
360 information provided by he Indemnifying Party or from publle records: (ii) Indemnifying Party's misstatement(s) or
731 failure to perform contractual obligations; (ili) Broker's performance. at Indemnifying Party's request, of any task
02 beyond the scope of services regulated by Chapler 475, F.S., as amended, including Broker's refarral,
262 tetammendation or retention of any vendor for, or an behalf of. Indemnifying Party; (iv) products or services
te provided by any such vendor for, or on behalf of, in¢emnifying Party; and (v) expenses incurred by any such
65 vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective vendors
266 and paying their other costs under this Contract whether or ncl this transaction closes. This Paragraph 14 will not
287 relieve Broker of statutory obligations under Chapter 475, F.$., as amended. For purposes of this Paragraph 14,
Ruyer's iniuals bel eae Page § of 10 Selter’s initials _.E oe
FlondaRealtors(Flondagdr- ASI! Rev, BOO 2010 Florida Roallors® and The Florign Bar All righis raserved
EXHIBIT "C"MAY-23-2813 15:11 From: To? 13523438801 Pace: 7711
208 Broker will be treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this
209 Contract.
270 DEFAULT AND DISPUTE RESOLUTION
ay 15, DEFAULT:
a (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyers obligations under this Contract,
ar including payment of the Deposit, within the time(s} specified, Seller may elect 0 recover and retain the
2m Deposit for the account of Seller as agreed upon liquidated damages, consideration for execution of this
28 Contract, and in full scttlemont of any cisims, whereupon Buyer and Seller shall be relieved from ali further
mG obligations under this Contract, or Selier, at Seller's option, may. pursuant to Paragraph 16, proceed in equity
nm to enforce Seller's rights under this Contract. The portion of the Deposit, If any, paid to Listing Broker upon
me default by Buyer, shall be split equally between Listing Broker and Cooperating Broker, provided however,
29 Cooperating Broker's share shall not be greater than the commission amount Listing Broker had agreed to pay
260 to Cooperating Broker.
281 {b) SELLER DEFAULT: ff for any reason other than failure of Seller to make Seller's tile merketable after
22 teasonable diigent effort, Seller falls, neglects or refuses to perform Seller's obligations under this Contract,
203 Buyer may elect to receive return of Buyer's Deposil without thereby waiving any action for damages resulling
204 from Seller's breach, and, pursuant to Peragraph 16, may seek to recover such damages or seek specific
205 performance. This Paragraph 15 shall survive Closing or termination of this Contract.
286 16, DISPUTE RESOLUTION: Unresolved controversies, claims and other mailers in question between Buyer and
287 Seller arising out of, or relating to, this Contraci ar ils breach, enforcement or interpretation ("Dispute") will be
me settled as follows.
289 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to altempt to
20 resolve such Dispute, failing which, Buyer and Seller shall suomit such Dispute to mediation under
1 Paragraph 16(b).
a (b) Buyer and Seller shall attempt (o settle Dispules in an amicable manner through mediation pursuant to Florida
3 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules").
298 The mediator must be certified or musi have experience in the real estate industry. Injunctive relief may be
295 sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to [his Paragraph 16
2P5 may be resolved by instituting action in the appropriate court having jurisdiction of the metter. This Paragraph 16
207 shalt survive Closing of termination of this Contract.
289 17, ATTORNEY'S FEES; COSTS: The parties will split equally any mediation tee Incurred in any mediation permitted
298 by this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees. incurred in
300 conducting the mediation. In any litigation permitted by this Contract, the prevailing parly shall be entitled to
31 recover from the non-prevailing pany costs and fees, including reasonable attorney's fees, Incurred in conducting
302 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract.
308 STANDARDS FOR REAL ESTATE TRANSACTIONS (”STANDARDS"}
soe 18. STANDARDS:
sos A. TITLE:
20s (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in
207 Paragraph 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall
ave be issued and delivered to Buyer. The Title Commitment shall set forth those matlers to be discharged by Seller at or
sos before Closing and shall provide thet, upon recording of the deed to Buyer, an owner's policy of title insurance in the
510 amount of the Purchase Price, shall be issued to Buyer insuring Buyer's marketable ttle to the Real Property,
311 subject only te the following matters: (a) comprehensive tand use plans, zoning, and other land use restrictions,
312 prohibitions and requirements imposed by governmental authority; (b) restrictions and matlers appearing on the Plat
xy oF othemwise common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry,
314 (d) unplatted public utility easements of record (located contiguous, to real property lines and not more than 10 feet in
216 width as to rear or front lines and 7 1/2 feet in width as to side lines), (6) taxes for year of Closing and subsequent
318 years; and (f) assumed mortgages and purchase money mortgages. if any (if additional tems, attach addendum):
217 provided, that none prevent use of the Property for RESIDENTIAL PURPOSES. If there exists al Closing any
318 violation of items identified in (b) - (f) above, then the same shall be deemed a title defect. Marketable title shall be
aig determined according to applicable Title Standards adopted by authority of The Florida Bar and In accordance with
220 law
aai (ii) TITLE EXAMINATION: Buyer shall have 5 days after recelot of Title Caramitment to examine it and notify
322 Seller in writing specifying defect(s), if any, that render title unmarketable. if Seller provides Title Commitment and it
aes is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after
‘ze date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“Cure Period")
325 afler receipt of Buyer's notice to take reasonable diligent efforts to remove defecis. If Buyer fails to so notify Seller,
me Buyer shall be deemed to have accepted title as it then is. If Selier cures defects within Cure Period, Selter wil
hk -_— Page 6 of 10 Seller's inviels eee.
1 Rev 6/10 ® 2010 Flonda Repltors® anc The Flonge Ber. Altrighls reserved.
Buyer's initiols
FlordaRealtorsiFl
EXHIBIT "C"MAY-23-2613 15:11 From: To! 13523438801 Pase:@711
30 STANDAROS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
228 deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attorney) and the parties will
329 close this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of Seller's
330 notice), H Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of
a1 Cure Period, delivar written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days
332 within which Seller shall continue to use reasonable diligent effort to remove or cure the defects ("Extended Cure
x33, Period"), of (b) electing to accept file with existing defects and close this Contract on Closing Date (or if Closing Date
3a1_ has passed, within the eariier of 10 days after end of Extended Cure Period or Buyer's receipt of Seller's notice), or
aas. (c) electing {o terminate this Contract and receive a rotund of the Deposit. thereby releasing Buyer and Seller from
aa ell futher obligations under this Contract. If after reasonable dillgent effort, Seller is unable to timely cure defects,
3x7 end Buyer doos not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit,
326 thereby releasing Buyer and Seller from all further obligations under this Contract
xo B, SURVEY: If Survey discloses encroachments on Ihe Real Property or that improvements located thereon
eo encroach on setback lines, easements, or lands of others; or violate any restrictions, covenants, or applicable
1 governmental regulations described in STANDARD A {i){a), (b) or (d) above, Buyer shail deliver written notice of such
wz matters, together with a copy of Survey, to Seller within § days sfter Buyer's recelpt of Survey, but ne later than
3a Closing. If Buyer timely delivers such notice and Survey to Seiler. such matters identified in the notice and Survey
ma Shall constitute e title defect, subject lo cure obligations of STANDARD A above. If Selfer has delivered a prior
36 Survey, Seller shall, at Buyer's request, execute an affidavit of “no change” to the Reai Propeny since the
45 preparation of such prior survey, to tho extent the affirmations thereln are tue snd correct.
a7 C. INGRESS AND EGRESS: Seller represemts that there is ingress and egress to the Real Property and title to
say the Real Property is incurable in accordance with STANDARD A without exception for lack of legal right of access.
xe D. LEASES: Seller shail, within 5 days after Inspection Period, furnish to Buyer copies of all written leases and
240 esluppel lelters from each tenant specifying nature and duration of tenant's occupancy, rental rates. advanced rent
4s and securily deposits paid by tenant, and Income and expense statements for preceding 12 months ("Lease
sez Information”) if Seller is unable to obtain estoppel letters from tenant(s), the same information shall be furnished by
363 Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant(s)
38¢ to confirm such information. If terms of the lease(s) differ materially from Seller's representations, Buyer may deliver
ass written notice to Seller within § days after recelpt of Lease Information, bul no later than § days prior to Closing
388 Date, terminating this Contract and receive a refund of the Deposit, thereby relaasing Buyer and Seller from all
2s7 further obligations under this Contract. Seller shall, at Closing. deliver and assign all original eases to Buyer who
ute shall assume Seller's obligation thereunder.
aso E. LIENS: Seller shall fumish to Buyer st Closing an affidavit altesting: (i) to the absence of any financing
se statement, claims of lien or potential lienore known to Seller, and (ii) that there nave been no improvements or repeirs
361 to the Real Property for 90 days immediately preceding Closing Date. If ihe Real Property has been improved or
382 repaired within that time, Seller shall deliver releases or walvers of construction fiens executed by all general
382 Contractors, subcontractors, suppliers and materialmen in addition to Sellers lion effidevit setting forth names of ali
ae Buch genera! contractors, subcontractors, suppliers and materialmen. further affirming that all cherges for
265 improvements or repairs which could setve as @ basis for & construction lien or a claim for damages have been pard
36¢ Of will be paid at Closing.
xe7 F. TIME: Calendar days shall be used in computing lime periods Any time periods provided for in this Contract
360 which shall end on a Saturdey, Sunday, or @ national [egal holiday (see 5 U.S.C. 6103) shall extend to 5:00 p.m.
aos (where the Property is located) of the nexi business day. Time Is of the essence in this Contract.
avo G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be
a71_fiable to each other for damages so long as performance or non-performance of the obligation is delayed, caused or
az prevented by Force Majeure. “Force Majeure" means: hurricanes, earthquakes, floods. fire. acts of God, unusuat
o73. transportation delays, wars, insurrections. acts of terrorism, and any ofher cause not reasonably within control of
37a Buyer or Selier, and which, by exercise. of reasonable diligent effort, the non-performing pany is unable In whote or in
2s part to prevent or overcome. All time periods, including Closing Date, will be extended for the period that the Force
ave. Majeure prevents performance under this Contract, provided, however, if such Force Majeure continues to prevent
372 performance under this Contract more than 14 days beyond Closing Date. then either party may terminate this
a7e Contract by delivering written notice to the other and the Deposit shail be refunded to Buyor, thereby releasing Buyer
avo_ and Seiler from all further obligations under this Contract
zsc H. CONVEYANCE: Ssller shall convey marketable title to the Real Property by statutory warranty, trustee's,
Se1 personal representative's, or guardian's deed, as appropriate lo the status of Seller, subject only to matters described
382 in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by
362 absolute bill of sale with warranty of tile, subject only to such matters as may be provided for in this Contract.
sea 1. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE:
286 (i) LOCATION: Closing will take place in the county where the Real Properly is located at ihe office of the
3aa_ attorney or te, ee agent ("Closing Agent") designated by the party paying for the owner's policy of title
Buyers Initials tenn: Poge 7 of 10 Seller’
FloridaRealiorsFlondaBarASiS-1 Rov. 6/10 © 2010 Florida Reanore® ond The Florida Ber, All rigniy
EXHIBIT "C"MAY-23-2013 15:12 From: To? 13523438884 Paser9ea1
307 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
nee insurance, or, if no tille insurance, designated by Soller. Closing may be conducted by mail or electronic means
209 (il) CLOSING DOCUMENTS: At Closing, Seller shall furnish and pay for, as applicable, deed, bitl of sale,
asp certificate of tile, construction lien affidavit, owner's possession affidavit, assignments of leases, and corrective
ae) instruments, Seller shall provide Buyer with paid receipts for all work done on the Property pursuant to this Contract
a2 Buyer shall furnish and pay for, as applicable. mortgage, mortgage note, security agreement, financing statements,
392 Sufvey, base elevation certification, and other documents required by Buyer's lender
vo (ili) PROCEOURE: The deed shall be recorded upon COLLECTION of all closing funds if tne Title
avs. Commitment provides insurance against adverse matters pursuant to Section 627.7841, FS. as amended, the
aoc escrow closing procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to
as7 COLLECTION of alf closing funds, disburse at Closing the brokerage fees to Broker end the net sale proceeds lo
308 Seller,
wea J. ESCROW CLOSING PROCEDURE: If Tile Commitment issued pursvanl (o Paragraph 9c) does nol provide
40 for insurance against adverse maticrs as permitted under Section 627.7841, F.S., as amended, the Iollowing escrow
401 and closing procedures shall apply: (1) all Closing proceeds shal be held in escrow by the Closing Agent for a period
«oz of not more than 10 days afler Closing; (2) if Sellers title is rendiared unmarkelable, through no faull of Buyer, Buyer
499. shail, within the 10 day period. nolify Seller in writing of the defect and Seller shail have 30 days from date of receipt
40a of such Notification to cure the defect; (3) if Seller fails to timely cure the defect, the Deposit and all Closing funds
«os peid by Buyer shall, within 5 days after written demand by Buyer, be refunded to Guyer and, simultaneously with
«nn such repayment, Buyer shall return the Persona! Properly, vacate the Real Property and re-convey the Prapeny to
407 Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the
«oe Deposil, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect excepl as may be
aoe available to Buyer by viriue of warranties contained in the deed or bill of sale.
a0 K, PRORATIONS; CREDITS: The fotlowing recurring keme will be made current (if applicable) and proraled as of
at1 ihe day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: rea! estate taxes
412 (including special benefit tax assessments imposed by a CDP), interest, bonds, ascociation fees, insurance, rents
aa and other expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in
44 which event premiums shall be prorated. Cash at Closing shall be increased or decreasad as may be required by
415 profations lo be made through day prior to Closing. Advance rent and security deposits, if any, will be credited to
4a Buyer. Escrow deposits held by Seller's morgagee will be paid 10 Seller, Taxes shall be prorated based on current
«17 year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. {f Closing
448 OGcUTs on a dale when current year's millage is not fixed byl current year's assessment js available, taxes will be
to prorated based upon such eesessment and prior year's muillags. If current year’s assessment is not available, [hen
420 taxes will be prorated on prior year’s tax, If there are completed improvements on the Real Property by January ‘1st of
x year of Closing, which improvements were net in existence on January ist of prior year, then taxes shall be proraled
‘22 based upon prior year's millage and al an equilable assessment to be agreed upon between the panties, falling which,
#29 request shall be made to the County Property Appraiser for an informal assessment taking into account available
«24 exemptions. A tax prorafion based cn an estimate shall, at either party's request, be readjusted upan receipt of
425 Current year's Lax bill This STANDARD K shalt survive Closing.
waa L. ACCESS TO PROPERTY TO CONDUCT APFRAISALS, INSPECTIONS, ANO WALK-THROUGH: Seller
427 shall, upon teasonable notice, provide ulilities service and access to Property for appraisals and inspections,
426 including a walk-through (or follow-up walk-through if necessary) prior to Closing.
aze M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by fire or other casualty
aso ("Casualty Loss") and cost of restoration (which shall include cost of pruning or removing damaged tress) does not
aoy exceed 1.5% of Purchase Price, cost of resteration shail be an obligation of Seiler and Closing shall proceed
452 pursuant to terms of this Contract. If restoration is not completed as of Closing,-a sum equal to 125% of estimated
«09 cast lo complete restoration (not 10 exceed 1.5% of Purchase Price), will be escrowed at Closing If actual cost of
434 testoration exceeds escrowed amount, Seller shell pay such actual costs (but, nol in excess of 4.5% of Purchase
495 Price) Any unused portion of escrowed amount shail be returned to Seller. If cost of restoration exceeds 1.5% of
ase Purchase Price, Buyor shall elect to either take Property “as is" together with the 1.5%, or receive a refund of the
431 Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. Sellers sole obligation
4a0 wilh respect lo tree damage by casually or other nalural occurrence shail be cost of pruning or removal
as N. 1031 EXCHANGE: If either Seller cr Buyer wish to enter Into a like-kind exchange (wither simultaneous with
440 Closing or deferred) under Section 1031 of the Inlernal Revenue Code ("Exchange’). the other party shall cooperale
‘a1 in all feasonable respects to effectuate the Exchange, Including execution of documents; provided, however,
492 cooperating party shall incur no liability or expense related lo the Exchange, and Closing shall not be contingent
443, upon, Nor extended or delayed by, such Exchange.
saa Q. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any
44> notice of it shall be recorded In any public records. This Contract shall be binding on, and inure to the benefit of, the
«ao partles and thoi rT heirs or successors in interest. Whenever the context permits, singular shall include plural
Buyer's Inilinls penne Page 8 of 10 Seller's initials
FloridaReshore/FlofidaBerASIS-1 Rov. 6/10 © 2010 Florida Reallors® ana Tha Flonde Ger All ighis reserved,
EXHIBIT "CMAY-23-2@13 15:13 From: To: 13523438801 Pase:10711
AAT STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
449 and one gender shall include alll, Notice and delivery given by or to the attorney or broker (Including such broker's real
+49 eSlale licensee) representing any pany shall ba as effective as if givan by ot to that parly All notices must be in
450 writing and may be made by mail, personal delivery or electronic (including "pdf") media. A legible facsimile or
451 electronic (including “pdf’) copy of this Contract and sny signatures hereon shall be considered for all purposes as an
452 ofiginal.
4% P. INTEGRATION; MODIFICATION: This Contrect contains the full and complete understanding and agreement
ata of Buyer and Seller with respect to the lransaction contemplated by this Contract and no prior agreements or
435 representations shall be binding upon Buyer or Sellar unless inclided in this Contract. No modification to or change
«sg in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended
4s7_ to be baund by it.
as0 Q. WAIVER; Failure of Buyer ot Seller (o insist on compliance with, of strict performance of, any provision of this
aso Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or
«oo iOhs.
an R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten
462 of handwritten provisions shall cantroi all printed provisions of this Contract in conflict with them.
462 $. COLLECTION or COLLECTED: "COLLECTION" or “COLLECTED” means any checks tendered or received,
«te including Deposits, have become actually and finally collected and deposited in the account of Escrow Agent
«es or Closing Agent. Closing and disbursement of funds and delivery of Closing documents may ba delayed by
«66 Closing Agent unui such amounts have been COLLECTED in Closing Agent's accounts.
«o7 T. LOAN COMMITMENT; “Loan Commitment" means a siatement by the lender setting forth the terms and
428 conditions upon which the lender Is willing to make a particular mortgage loan to a particular bonower
465 U, APPLICABLE LAW AND VENUE: [his Contract shall be construed in accordance with the laws of the State of
470 Flotida and venve for resolution of ali disputes, whether by mediation, arbitration or litigation, shall lie in the county in
#71 which the Rest Property is located,
472 X. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitred by
470 law, against any real estate licensee involved In ihe negotiation of this Contract, for any de
Preview
¥*** FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. *** Electronically Filed 05/24/2013 06:19:36 PM ET IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA CASE NO.: 2012 CA 003843 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 AMENDED DECLARATORY COMPLAINT EXHIBITS “C THROUGH E”MAY-23-2833 15:68 From: To: 13523438801 Paserevi1 “AS 1S" Residential Contract ‘Cauthen Oldham & Associates, PA For Sale And Purchase 431 West Main St THIS FORM HAS BEEN APPROVED BY Tevares. Florida 32778 THE FLORIDA REALTORS AND THE FLORIDA BAR 9©2°943-3455/ 952-343-8801 v PARTIES: Karen J. Robertson, Tivstoe of tne Rosemary A. Ryan's Revocable Living Trust. ("Seller"), eo and Riana Devonport (‘Buyer’), 3 agree that Seller shall sail and Buyer shal{ buy the following described Real Property and Personal 4 Property (collectively “Property") pursuant to the terms and conditions of (his AS {$ Residential Contract For Sale s 6 7 And Purchase and any riders and addenda {"Contract"): 1. PROPERTY DESCRIPTION: " (a) Street address, city, zi 1614 Diana Drive, Winter Park FL 32789 ” {b) Property Is located in: Orange County, Florida. Real Property Tax ID No: 37-27-30-3778-00-100_ s (c) Legal description of the Real Property: 10, i$, Third ReP| wr " together wilh all existing improvements and fixtures, including buill-in appliances, bull-in furnishings and % attached wall-to-wall carpeling and flooring ("Real Property”) uniess specifically excluded below. M (d) Personal Property: The following items owned by Seller and existing on the Property as of the uate ” of the iniilal offer are included in the purchase ("Personal Property’); (|) range(s)/oven(s), dishwasher(s). 1“ uisposal, ceiling fan(s), intercom. light Mixtures, rods, draperies and other window lreatments, garage door 1% openers, and security geste and olher access dovices; and (ii) those additlonal items checked below. if we additional details are necessary, specify below If left blank, the item betow is not included: Refrigerator(s) Xf Smoke detoctar(s) Pool barrierfence Storage shed Microwave oven. Security system Pool equipment TV antenna/satellile dish D washer O windew/walt are © Poa! heater © water softener/purifier Oryer Generator Spe crhot tub with heater © Storm shutters end 1 Stangsalone ice maker © Above graund pool pandis ” The only other items of Persona! Property Included in this purchase, and any sdditlonal details regarding 1. Personal Property, if necessary, are: W/A 20 a Personal Property is included in the Purchase Price, has no coniributory value, and shall be lett for ihe Buyer. we (e) The following items are excluded from the purchase:_A/A ey . sane ae 2. PURCHASE PRICE (U.S. currenty): 2.06.60: cece eens eee eee ee settee eee teense es SL 300,000.00, at (a) Initial deposit to be held In escrow in the amount of (checks subject to COLLECTION) §, 26 The initial daposit made payable and delivered to "Escrow Agent" named below a (CHECK ONE) OJ sccompanies offer or Q is to be made upon acceptance (Effective Date) 28 or D1 is to be made wathin {if blank, then 3) days after Effective Dale 3 Escrow Agent information: Name: Sellar, Sewell, Saylor, Russ & Johnson, PA. aor Address: P. 0. Sox 492722, Looshurg, Fl 34749.2722 Phone: _ 352/787-2308 ot E-mail. chuck{@907webster.com Fax: 352/787-4347 22 (b) Additional deposit to be delivered to Escrow Agent within waa (lf blank, then 3) 3 Gays after Effective Date. 2. ke bee Se uM (All deposits paid or agreed to be paid, are collectively referred to as the Deposit") {c) riancing: Express as a dollar amount or percentage ("Loan Amount’) See Paragraph... 0 age (d) Other: ve §. 7 (e) Balance to close (not including Buyer's closing costs, prepaids and prorations) by wire ser trangfec of other COLLECTED funds. S___300,909,00 w@ NOTE: For the definition of "COLLECTION' 40 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: ow {a) If not signed by Buyer and Seller, and an executed copy delivered to all panies on or before June 15th, 2012 _ a this offer shalt he deemed withdrawn and the Deposit, if any, will be returned to Buyer a Unlass otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the “ counter-offer is delivered. 45 (b) The effective date of this Contract will be the date when the lasi one of the Buyer and Setler has signed or a6 initialed this offer or final counter-offer ("Effective Date"). « 4. CLOSING DATE: Unless modified by other provisions of this Coniract, the closing of this ransaction shall occur “6 and the closing documents required to be furnished by each party pursuant to this Contract shall be delivered 0 {'Closing”) on _June 30. . (‘Closing Date’), ai the time established by the Closing Agent Buyer's Inivats 2 eee Page 1 of 10 Sellar’s Initiols FloridakealorsMGiGaBSr-ASIS 1 Rov GOS S016 Florida Rackore® and Tho Florida Bar. All Aghis reserved. Sofware and added formatting © 2073 Alta Star Software, oll rights reserved. » wurw.altaater.com - (877) 270-2608 User Reon S-O2ENO8D30X350V27-1021 EXHIBIT "C"MAY-23-2013 15: From: Tot 135234938801 Pase:S7i1 so 5, EXTENSION OF CLOSING DATE: by {a) If Closing funds from Buyer's lender(s) are not available at time of Closing due to Truth In Lending Act (TILA) or notice requirements, Closing shall be extended for such period neressary to satisfy TILA notice requirements, a not to exceed 7 days. 64 {b) f extreme weather or other condition or event constituting "Force Majeure” (see STANDARD G) causes: 55 (i) sisruption of ufilities or other services essential for Closing, or (ji) Hazard, Wind, Flood or Homeowners’ 56 insurance, to become unavailable prior to Closing, Closing will be extended a reasonable time up to 3 days 87 after restoration of utllities and other services essential lo Closing, end availability of applicable Hazerd, Wind, $0 Fiood or Homeowners’ insurance. If restoration of such utilities or services and availability of insurance has not $e occurred within (if left blank, 14) days after Closing Date, then either pany may terminate this 6) Contract by delivering writlen notice to the other party, and Buyer shall be refunded the Deposit, thereby 6 celeesing Buyer and Seiler from alt further obligations under this Contract. e2 6, OCCUPANCY AND POSSESSION: Unless otherwise stated herein, Seller shall at Closing, have removed all 03 personal items and trash from the Property and shall deliver occupancy and possession, along with all keys, ws garage door openers, access devices ent codes, as applicable, to Buyer. If Property is intended to be rented or occupied beyond Closing, the fact and terms thereof and the tenant{s} or occiipants shall be disclosed pursuant 8 to STANDARD O if occupancy is te be dalivered before Closing, Buyer assumes all risks of loss to Property from or date of occupancy. shall be responsible and liable for maintenance from that date, and shall be deemed to have 66 accepted Property in its existing condition ag of time of taking occupancy. 6” 7. ASSIGNABILITY; (CHECK GNE) Buyer O may assign and thereby be released from any further liability To under this Contract; C1 may assign but not be released from liability under this Contract; or O may not assign n this Contract. w FINANCING 7a 8.FINANCING: Tet EL(a) Buyer will pay cash or may obtain a foan for the purchase of the Property. There is no financing 18 contingency lo Buyer's obligation to close. 1 © (b) This Contract is contingent upon Buycr abtaining 2 written loan commitment for a O conventional C) FHA 7 C1 VA foan on the following terms within ____ (if blank, then 30) days after Effective Date ("Loan 70 Commitment Dele") for: (CHECK ONE) (I fixed, © adjustable, O fixed or adjustable rate loan in 1 the principal amount of § or % of the Purchase Price, at an initial interest rate oo not to exceed % (if blank, then prevailing rate based upon Buyer's creditworthiness), and for 3 or term of years ("Financing"). er Buyer will make mortgage loan application for the Financing within __{if blank, then 5) days aker 8 Effective Date and use good faith and diligent effort to obtain a written toan commitment for the Financing a {Loan Commitment’) and close this Contract. Buyer shalt keep Seller and Broker fully informed about as the slatus of mortgage loan application and Loan Commitment and authorizes Buyer's mortgage broker and 86 Buyer's tender to disclose such Slalus and progress te Seller and Broker. oF Hf Buyer does not receive Loan Commitment, then Buyer may terminate this Contract by delivering written ve nolice to Seller, and the Depasit shall be refundad to Buyer, theraby releasing Buyer and Seller from all 25 further obligalions under this Contract. * if Buyer does nol daliver written notice to Seller of receipt of Loan Commitment or Buyer's written waiver of a this financing contingency. then after Loan Commitment Date Seller may terminate this Contract by 2 delivering wrinen notice to Buyer and the Deposit shall be refunded to Buyer, thereby releasing Buyer and as Seller from alt funher obligations under this Contract. se if Buyer delivers written nolice of receipt of Loan Commitment to Seller and this Contract does not 6s thoreatter close, the Deposit shall be paid to Seller unless failure lo close is due lo; (1) Seller's default, oe (2) Property related conditions of the Loan Commitment have not been met (except when such conditions 7 Bre waived by other provisions of this Contract); (3) appraisal of the Property ebtained by Buyer's lendar is 90 insufficient to meet tems of the Loan Commitment; or (4} the loan is not funded due to financial failure of oy Buyer's lender, in which event(s) the Deposit shall be roturned to Buyer, thereby raleasing Buyer and Seller 100 from all further obligations under this Contract. ror” —_ (c) Assumption of existing mortgage (see rider for terms). yon" C (a) Purchase money note and mortgage to Seller (see riders; addenda: or special clauses for terms). Buyer's Intigis hed —_—_ Page 2 of 10 Seller's Initials _f iM ee FiondaReallors/Fioh@SBar ASIST Rv, 6/108 2010 Florida Reahors® anu The Floncs Rar. Alt rignis reserved EXHIBIT "C"MAY-23-2613 15:09 From: To: 13523438801 Paser4/it 109 CLOSING COSTS, FEES AND CHARGES. re 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: 10° = (a) COSTS TO BE PAID BY SELLER: + Decumentary stamp taxes and sullax on deed. if any + HOA/Condominium Association estoppel foas + Owner's Policy and Charges (it Paragraph 9(c){i} is hacked) « Recording and other fees needed {0 cuse title . aie search charges (if Paragraph 9(c)(iii) is checked) + Seller's altorneys' fees + Other: 08 If, prior to Closing, Seller is unable (o meet the AS IS Maintenance Requirement as required by Paragraph 11 wr 3B Sum equal 10 125% of estimated cost fo meet the AS IS Malntenance Requirement shall be escrowed at 108 Closing, If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall 109 pay such actual costs. Any unused ponion of escrowed amounl shall be returned to Seller. ne (b) COSTS TO BE PAID BY BUYER: + Taxes and recording fees on notes and mortgages > Loan expenses: + Recording fees tor deed and financing statements + Appraisal fees. + Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) - Buyer's Inspections + Survey (and elevation certification, if required) + Buyar'e attorneys’ feos: » Lender's title policy and endorsements + All property related insurance » HOA/Condominium Association application/iransfer fees * Other: wt (c) TITLE EVIDENCE AND INSURANCE: At least (if blank, then §) days prior to Closing Date, a tile 113, insurance commitment issued by a Florida licensed title insurer, with legible copies of Instruments listed as 113 exceptions attached thereto ("Title Commilment’) and, afier Closing, an owner's policy of litle insurence (see 4 STANDARD A for terms) shall be oblained and delivered to Buyer. If Seller has an owner's policy of tile us Insurance covering the Reai Properly, a copy shall be furnished to Buyer and Closing Agent within 5 days after Ne Effective Date. The owner's title policy premium and charges for owner's policy endorsements, title search. aT and closing services (collectively, "Owner's Policy and Charyes"} shal be pald, as set forth below We (CHECK ONE): sabe MY (i) Seller will designate Closing Agent and pay fer Owner's Policy and Chargas (bul not including charges 120 for closing services related to Buyer's lender's palicy and endorsements and loan closing, which amounts at shall be paid by Buyer to Closing Agent or such other provider(s) as Buyer may select); or 920" {i (i) Guyer will designate Closing Agent and pay for Owner's Policy and Charges and charges for closing 129 services related 1o Buyer's lender's policy, endorsements, and loan closing; or 120° O (iil) (MIAMI-DADE/BROWARD REGIONAL PROVISION): Seller will furnish a copy of a prior owner's policy 126 of title insurance or other evidence of title and pay fees for: (A) 2 continuation or update of such title evidence, Ab which is acceptable to Buyer's title insurance underwriter for reissue of coverage: (B) fax search, anc 12? {C) municipal tlen search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyers 428 owner's policy, and i applicable, Buyer's tender's policy. Seller shall not be obligated to pay more than 320° $ (if biank, $200.00) for abstract continuation or title search ordered or performed by Closing 190 Agent. 1 (4) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed 132 and certified by a registered Floride surveyer ("Survey"). If Seller has @ survey covering ihe Real Property. & 133 copy shalt be jumished to Buyer and Closing Agent within 5 days after Effective Date. ae (2) HOME WARRANTY: At Closing, [) Buyer O Sellar JX N/A will pay for e home warranty plan issued by as ata cost not to exceed §, A home 6 warranty plan provides for repair or replacement of many of a home's mechanical systems and mejor built-in 17 appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period 130 () SPECIAL ASSESSMENTS: Ar Closing, Seiler will pay: {i) the full amount of liens imposed by a public body Ww (‘public body" dees net include a Condominium or Homeowner's Association) that are certified. confirmed and 460 ratified before Closing; and (ii) Ine amount of the pubtic body’s most recent estimate or assessment for an ant improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being 4182 imposed on the Propeny before Closing. Buyer will pay all other assessments. If special assessments may 103 be paid In installments (CHECK ONE}: we ©) (a) Soller shail pay Instaliments due prior to Closing and Buyer shall pay installments due after 168 Closing. Installments prepaid or due for the year of Closing shall be prorated. vcr O (b) Seller shall pay the asaessment(s) In full prior to or at the timo of Closing. 147 IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED. tan This Paragraph 9(f) shall not apply to 8 special benefit tax lien imposed by a cormmmunity development district ap (CPD) pursuant to Chapter 190 F.S, which lien shall be treated as an ad valorem tax and prorated pursuant to 160 STANDARD K. Buyer's Initials Me eae Page Saf 10 Seller's tnilials, eye. —--— FioridaReakorsiFiongaBarASIS-) Rev 60 © 2010 Fioride Realiore@™ ana The Fiorido Aer All rights reserved EXHIBIT "C"MAY-23-2613 15:49 From: Tot 13523438881 Pase:S744 ws DISCLOSURES isa 10. DISCLOSURES: 153 (8)RADON GAS: Radon is a naturaily occurring radioactive gas thal, when it is accumulated in 3 building in 1H sufficient quantities, may present health risks fo persons who are exposed to it over time. Levels of radon that 155 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding 38 radon and radon testing may be obtained from your county health department. +7 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer In a written disclosure, 385 Seller does not know of eny improvements made to the Property which were made without required 169 permits or mado pursuant to permits which have not been properly closed. 100 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to propery. If Buyer is concerned or 161 desires additional information regarding mold, Buyer should contact an appropriate professional Wwe (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation cenificale which flood 182 zone the Properly is In, whether flood insurance is required by Buyer's tender, and what resirictions apply lo 164 improving the Property and rcbuilding in the event of casualty. If Propenty is In 8 "Special Flaod Hazard Area” ve or “Coastal High Hazard Area” and finished floor elevation is below minimum flood elevation, Buyer may 166 terminate this Contract by delivering writen notice to Seller within 20 days after Effective Date, failing which an? Buyer accepts existing elevation of buildings and fland zone designation of Property. we (e} ENERGY BROCHURE: Buyer acknowledges receipt of Florida Eneray-Efficiency Rating Information Brochure 1D required by Section 553.996, F.S. 179 (f) LEAD-BASED PAINT: If Property includes pre-1978 residential housing. a leed-based paint rider Is any mandalory. 72 (g) HOMEOWNERS: ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 173 CONTRACT UNTIL SUYER HAS RECEIVED AND READ THE HOMEOWNERS’ we ASSOCIATIONICOMMUNITY DISCLOSURE, IF APPLICABLE, v8 (b) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 78 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE GUYER MAY BE OBLIGATEO 0 TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY 178 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 175 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 100 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 104 (i) TAX WITHHOLDING: If Seller is a “foreign person" as defined by the Foreign Investment in Real Property Tax 18 Act ("FIRPTA’), Buyer and Seiler will comply with FIRPTA, which may require Seller to provide additional cash wa al Closing. 104 §) SELLER DISCLOSURE: Soller knows of no facts materially affecting the value of the Real Property which are reo not readily observable and which have not been disclosed to Buyer. Except as stated in the preceding sentence 100 or otherwise disclosed In writing. (1} Seller has received no written or verbal notice from any governmental 187 entity or agency as to a currently uncorrected building, environmental or safety code violalon, and (2) Seller we extends and intends no warranty and makes no representation of any type, either express or iriplied, 6S lo the 1 physicel condition or history of the Property. 180 PROPERTY MAINTENANCE, CONCITION, INSPECTIONS AND EXAMINATIONS 19) 14. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the 192 Property, including, but not limited to, lawn, shrubbery, and pool, in the conditien axisting as of Effective Date 199 (AS 1S Maintenance Requirement”). 194 12, PROPERTY INSPECTION; RIGHT TO CANCEL: 185° (a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL: Buyer shall have 3.___.. (if blank, 15) days from we Effective Date ("inspoction Perlod”) within which to have such inspactions of the Property performed 7197 as Buyer shaft desire during the Inspection Period. if Buyer determines, in Buyer's sole discretion, that we the Property is not acceptable to Buyer, Buyer may terminate thls Contract by delivering written notice wD of such election to Seller prior to expiration of Inspection Period. If Buyer timely terminates this 200 Contract, the Deposit paid shall be immediately returned to Buyer, thereupon, Buyer and Seller shelf zor be refeased of aff further obligations under this Contract; however, Buyer shali be responsible for 22 prompt payment for such inspections, for repair of damage to, end restorution of, (he Property 203 resulting from such inspections, snd shell provide Seller with paid recaipts for aif work done on the 204 Property (the praceding provision shall survive termination of this Contract). Unioss Buyer exercises 205 the right to terminate granted herein, Buyer accepts the physical condition of the Property and any 200 violation of governmental, building, environmental, and safety codes, restrictions, or requirements, but 207 Subject to Seller's continuing AS {S Maintenance Requirement, and Buyer shall be responsible for any 20e and all repairs and improvements roquired by Buyer's fender. Buyer's Inittals Lk ee Page 4 of 10 Seller's Initials Yy Lo FloricoP.eattore/Floridagal TS-7 Rev. 6/10 ©2070 Florlag Reatias® and The Floida Bay, All righls seserved, EXHIBIT "C"MAY-23-2613 15:10 From: To? 13523438801 Pase:6714 208 (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior ww to time of Closing. as specificd by Buyer. Buyer or Buyer's representative may perform a walk-through (and a follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personel ate Property ara on the Property and to verify that Seller has maintained the Property as required by the AS IS 213 Maintenance Requirement snd has met all other contractual obligations. 21 (c} SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's 245 inspection of the Property identifies open or needed building permits. then Seller shall promptly daliver to ae Buyer all plans, written documentation or other information in Seller's possession, knowledge, or control 2 relating to improvements to the Property which are the subject of such open or needed Permits, and shall 26 promptly cooperate in good faith wilh Buyer's efforts fo obtain estimates of repairs or other work necessary to 2 resolve such Permll issues. Seller's obligation to copperate shail inciude Seller's execution of necessary 220 aulhorizations, consents, or other documents necessary for Buyer to conduct inspections and have estimates 2 of such repairs or work prepared, but in fulfilling such obligation, Seller shalt not be required to expend, or 222 become obligated to expend, any money, 20 {d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyers option and 2 cost, Seller will. at Closing, assign all assignable repair, treatment and maintenance contracts and warranties 225 to Buyer 206 ESCROW AGENT AND BROKER 227 13, ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively “Agent") receiving the Depasit, other funds ate and other ilems is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow 720 within the State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions 230 of this Contract. Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting mt demands for the Deposit ate received, or Agent has a good faith doubt as tp entitlement to ine Deposit, Agent a may take such actions permitted dy this Paragraph 13, as Agent deems advisable. If In doubt as to Agent's duties 233 of fiabilities under this Contract, Agem may, at Agent's option, continue ta hold the subject matter of the escrow 2a until the parties agree to its disbursement or until a flnal judgment of @ court of competent jurisdiction shall 2 determine the rights of the parties, or Agent may deposit seme with the clerk of the circuit court having jurisdiction ae of the dispute An attorney who represents a party and also acts as Agent may rapresent such party in such nr action. Upon nolifying oll parties concerned of such action, all liability on the part of Agent shall juily terminate, 28 except to the extent of accounting for any items previously delivered out of escrow. If 3 licensed real estale 28 broker. Agent will comply wilh provisions of Chapter 475, F.S., ag amended and FREC rules to timely resolve 2en escrow dispules through mediation, arbitration. inlerpleader or an escrow disbursement order mi Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder. 22 or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable 24) attorney's fees and costs incurred, lo be paid pursuant to court order out of the escrowed funds or equivalent 244 Agent shail not be liable to any party or person for mis-deiivery of any escrowed items, unless such mis-delivery Is 2S due io Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing 206 of termination of this Conteacl. 27 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verity Proporty condition, wo square footage, and all other facts and representations made pursuant to this Contract and to consult sppropriate 203 professionals for legal, tax, environmental, and other specialized advice conccrning matters atfecting the Property eo and the transaction contemplated by this Contract, Broker represents to Buyer that Broker does not reside on the ant Property and thet all ropresentations (oral, writtan or otherwise) by Broker are based on Seller representetions or 252 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 289 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND 4 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, 288 WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually. the “indemnifying Party") each 70 individually indemnifies, holds harmless, and releases Broker and @roker's officers, directors, agents and 2ST employees from ail lability for loss or damage, including ail costs and expenses, and reasonable attorney's fees 268 at all tevels, suffered or incurred by Broker and Broker's officers, directors, agents snd employees In connection 259 with or arising from claims, demands or causes of action instituted by Buyer or Seller based on: (i) inaccuracy of 360 information provided by he Indemnifying Party or from publle records: (ii) Indemnifying Party's misstatement(s) or 731 failure to perform contractual obligations; (ili) Broker's performance. at Indemnifying Party's request, of any task 02 beyond the scope of services regulated by Chapler 475, F.S., as amended, including Broker's refarral, 262 tetammendation or retention of any vendor for, or an behalf of. Indemnifying Party; (iv) products or services te provided by any such vendor for, or on behalf of, in¢emnifying Party; and (v) expenses incurred by any such 65 vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective vendors 266 and paying their other costs under this Contract whether or ncl this transaction closes. This Paragraph 14 will not 287 relieve Broker of statutory obligations under Chapter 475, F.$., as amended. For purposes of this Paragraph 14, Ruyer's iniuals bel eae Page § of 10 Selter’s initials _.E oe FlondaRealtors(Flondagdr- ASI! Rev, BOO 2010 Florida Roallors® and The Florign Bar All righis raserved EXHIBIT "C"MAY-23-2813 15:11 From: To? 13523438801 Pace: 7711 208 Broker will be treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this 209 Contract. 270 DEFAULT AND DISPUTE RESOLUTION ay 15, DEFAULT: a (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyers obligations under this Contract, ar including payment of the Deposit, within the time(s} specified, Seller may elect 0 recover and retain the 2m Deposit for the account of Seller as agreed upon liquidated damages, consideration for execution of this 28 Contract, and in full scttlemont of any cisims, whereupon Buyer and Seller shall be relieved from ali further mG obligations under this Contract, or Selier, at Seller's option, may. pursuant to Paragraph 16, proceed in equity nm to enforce Seller's rights under this Contract. The portion of the Deposit, If any, paid to Listing Broker upon me default by Buyer, shall be split equally between Listing Broker and Cooperating Broker, provided however, 29 Cooperating Broker's share shall not be greater than the commission amount Listing Broker had agreed to pay 260 to Cooperating Broker. 281 {b) SELLER DEFAULT: ff for any reason other than failure of Seller to make Seller's tile merketable after 22 teasonable diigent effort, Seller falls, neglects or refuses to perform Seller's obligations under this Contract, 203 Buyer may elect to receive return of Buyer's Deposil without thereby waiving any action for damages resulling 204 from Seller's breach, and, pursuant to Peragraph 16, may seek to recover such damages or seek specific 205 performance. This Paragraph 15 shall survive Closing or termination of this Contract. 286 16, DISPUTE RESOLUTION: Unresolved controversies, claims and other mailers in question between Buyer and 287 Seller arising out of, or relating to, this Contraci ar ils breach, enforcement or interpretation ("Dispute") will be me settled as follows. 289 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to altempt to 20 resolve such Dispute, failing which, Buyer and Seller shall suomit such Dispute to mediation under 1 Paragraph 16(b). a (b) Buyer and Seller shall attempt (o settle Dispules in an amicable manner through mediation pursuant to Florida 3 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules"). 298 The mediator must be certified or musi have experience in the real estate industry. Injunctive relief may be 295 sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to [his Paragraph 16 2P5 may be resolved by instituting action in the appropriate court having jurisdiction of the metter. This Paragraph 16 207 shalt survive Closing of termination of this Contract. 289 17, ATTORNEY'S FEES; COSTS: The parties will split equally any mediation tee Incurred in any mediation permitted 298 by this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees. incurred in 300 conducting the mediation. In any litigation permitted by this Contract, the prevailing parly shall be entitled to 31 recover from the non-prevailing pany costs and fees, including reasonable attorney's fees, Incurred in conducting 302 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract. 308 STANDARDS FOR REAL ESTATE TRANSACTIONS (”STANDARDS"} soe 18. STANDARDS: sos A. TITLE: 20s (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in 207 Paragraph 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall ave be issued and delivered to Buyer. The Title Commitment shall set forth those matlers to be discharged by Seller at or sos before Closing and shall provide thet, upon recording of the deed to Buyer, an owner's policy of title insurance in the 510 amount of the Purchase Price, shall be issued to Buyer insuring Buyer's marketable ttle to the Real Property, 311 subject only te the following matters: (a) comprehensive tand use plans, zoning, and other land use restrictions, 312 prohibitions and requirements imposed by governmental authority; (b) restrictions and matlers appearing on the Plat xy oF othemwise common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry, 314 (d) unplatted public utility easements of record (located contiguous, to real property lines and not more than 10 feet in 216 width as to rear or front lines and 7 1/2 feet in width as to side lines), (6) taxes for year of Closing and subsequent 318 years; and (f) assumed mortgages and purchase money mortgages. if any (if additional tems, attach addendum): 217 provided, that none prevent use of the Property for RESIDENTIAL PURPOSES. If there exists al Closing any 318 violation of items identified in (b) - (f) above, then the same shall be deemed a title defect. Marketable title shall be aig determined according to applicable Title Standards adopted by authority of The Florida Bar and In accordance with 220 law aai (ii) TITLE EXAMINATION: Buyer shall have 5 days after recelot of Title Caramitment to examine it and notify 322 Seller in writing specifying defect(s), if any, that render title unmarketable. if Seller provides Title Commitment and it aes is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after ‘ze date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“Cure Period") 325 afler receipt of Buyer's notice to take reasonable diligent efforts to remove defecis. If Buyer fails to so notify Seller, me Buyer shall be deemed to have accepted title as it then is. If Selier cures defects within Cure Period, Selter wil hk -_— Page 6 of 10 Seller's inviels eee. 1 Rev 6/10 ® 2010 Flonda Repltors® anc The Flonge Ber. Altrighls reserved. Buyer's initiols FlordaRealtorsiFl EXHIBIT "C"MAY-23-2613 15:11 From: To! 13523438801 Pase:@711 30 STANDAROS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 228 deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attorney) and the parties will 329 close this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of Seller's 330 notice), H Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of a1 Cure Period, delivar written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days 332 within which Seller shall continue to use reasonable diligent effort to remove or cure the defects ("Extended Cure x33, Period"), of (b) electing to accept file with existing defects and close this Contract on Closing Date (or if Closing Date 3a1_ has passed, within the eariier of 10 days after end of Extended Cure Period or Buyer's receipt of Seller's notice), or aas. (c) electing {o terminate this Contract and receive a rotund of the Deposit. thereby releasing Buyer and Seller from aa ell futher obligations under this Contract. If after reasonable dillgent effort, Seller is unable to timely cure defects, 3x7 end Buyer doos not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 326 thereby releasing Buyer and Seller from all further obligations under this Contract xo B, SURVEY: If Survey discloses encroachments on Ihe Real Property or that improvements located thereon eo encroach on setback lines, easements, or lands of others; or violate any restrictions, covenants, or applicable 1 governmental regulations described in STANDARD A {i){a), (b) or (d) above, Buyer shail deliver written notice of such wz matters, together with a copy of Survey, to Seller within § days sfter Buyer's recelpt of Survey, but ne later than 3a Closing. If Buyer timely delivers such notice and Survey to Seiler. such matters identified in the notice and Survey ma Shall constitute e title defect, subject lo cure obligations of STANDARD A above. If Selfer has delivered a prior 36 Survey, Seller shall, at Buyer's request, execute an affidavit of “no change” to the Reai Propeny since the 45 preparation of such prior survey, to tho extent the affirmations thereln are tue snd correct. a7 C. INGRESS AND EGRESS: Seller represemts that there is ingress and egress to the Real Property and title to say the Real Property is incurable in accordance with STANDARD A without exception for lack of legal right of access. xe D. LEASES: Seller shail, within 5 days after Inspection Period, furnish to Buyer copies of all written leases and 240 esluppel lelters from each tenant specifying nature and duration of tenant's occupancy, rental rates. advanced rent 4s and securily deposits paid by tenant, and Income and expense statements for preceding 12 months ("Lease sez Information”) if Seller is unable to obtain estoppel letters from tenant(s), the same information shall be furnished by 363 Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant(s) 38¢ to confirm such information. If terms of the lease(s) differ materially from Seller's representations, Buyer may deliver ass written notice to Seller within § days after recelpt of Lease Information, bul no later than § days prior to Closing 388 Date, terminating this Contract and receive a refund of the Deposit, thereby relaasing Buyer and Seller from all 2s7 further obligations under this Contract. Seller shall, at Closing. deliver and assign all original eases to Buyer who ute shall assume Seller's obligation thereunder. aso E. LIENS: Seller shall fumish to Buyer st Closing an affidavit altesting: (i) to the absence of any financing se statement, claims of lien or potential lienore known to Seller, and (ii) that there nave been no improvements or repeirs 361 to the Real Property for 90 days immediately preceding Closing Date. If ihe Real Property has been improved or 382 repaired within that time, Seller shall deliver releases or walvers of construction fiens executed by all general 382 Contractors, subcontractors, suppliers and materialmen in addition to Sellers lion effidevit setting forth names of ali ae Buch genera! contractors, subcontractors, suppliers and materialmen. further affirming that all cherges for 265 improvements or repairs which could setve as @ basis for & construction lien or a claim for damages have been pard 36¢ Of will be paid at Closing. xe7 F. TIME: Calendar days shall be used in computing lime periods Any time periods provided for in this Contract 360 which shall end on a Saturdey, Sunday, or @ national [egal holiday (see 5 U.S.C. 6103) shall extend to 5:00 p.m. aos (where the Property is located) of the nexi business day. Time Is of the essence in this Contract. avo G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be a71_fiable to each other for damages so long as performance or non-performance of the obligation is delayed, caused or az prevented by Force Majeure. “Force Majeure" means: hurricanes, earthquakes, floods. fire. acts of God, unusuat o73. transportation delays, wars, insurrections. acts of terrorism, and any ofher cause not reasonably within control of 37a Buyer or Selier, and which, by exercise. of reasonable diligent effort, the non-performing pany is unable In whote or in 2s part to prevent or overcome. All time periods, including Closing Date, will be extended for the period that the Force ave. Majeure prevents performance under this Contract, provided, however, if such Force Majeure continues to prevent 372 performance under this Contract more than 14 days beyond Closing Date. then either party may terminate this a7e Contract by delivering written notice to the other and the Deposit shail be refunded to Buyor, thereby releasing Buyer avo_ and Seiler from all further obligations under this Contract zsc H. CONVEYANCE: Ssller shall convey marketable title to the Real Property by statutory warranty, trustee's, Se1 personal representative's, or guardian's deed, as appropriate lo the status of Seller, subject only to matters described 382 in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by 362 absolute bill of sale with warranty of tile, subject only to such matters as may be provided for in this Contract. sea 1. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: 286 (i) LOCATION: Closing will take place in the county where the Real Properly is located at ihe office of the 3aa_ attorney or te, ee agent ("Closing Agent") designated by the party paying for the owner's policy of title Buyers Initials tenn: Poge 7 of 10 Seller’ FloridaRealiorsFlondaBarASiS-1 Rov. 6/10 © 2010 Florida Reanore® ond The Florida Ber, All rigniy EXHIBIT "C"MAY-23-2013 15:12 From: To? 13523438884 Paser9ea1 307 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) nee insurance, or, if no tille insurance, designated by Soller. Closing may be conducted by mail or electronic means 209 (il) CLOSING DOCUMENTS: At Closing, Seller shall furnish and pay for, as applicable, deed, bitl of sale, asp certificate of tile, construction lien affidavit, owner's possession affidavit, assignments of leases, and corrective ae) instruments, Seller shall provide Buyer with paid receipts for all work done on the Property pursuant to this Contract a2 Buyer shall furnish and pay for, as applicable. mortgage, mortgage note, security agreement, financing statements, 392 Sufvey, base elevation certification, and other documents required by Buyer's lender vo (ili) PROCEOURE: The deed shall be recorded upon COLLECTION of all closing funds if tne Title avs. Commitment provides insurance against adverse matters pursuant to Section 627.7841, FS. as amended, the aoc escrow closing procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to as7 COLLECTION of alf closing funds, disburse at Closing the brokerage fees to Broker end the net sale proceeds lo 308 Seller, wea J. ESCROW CLOSING PROCEDURE: If Tile Commitment issued pursvanl (o Paragraph 9c) does nol provide 40 for insurance against adverse maticrs as permitted under Section 627.7841, F.S., as amended, the Iollowing escrow 401 and closing procedures shall apply: (1) all Closing proceeds shal be held in escrow by the Closing Agent for a period «oz of not more than 10 days afler Closing; (2) if Sellers title is rendiared unmarkelable, through no faull of Buyer, Buyer 499. shail, within the 10 day period. nolify Seller in writing of the defect and Seller shail have 30 days from date of receipt 40a of such Notification to cure the defect; (3) if Seller fails to timely cure the defect, the Deposit and all Closing funds «os peid by Buyer shall, within 5 days after written demand by Buyer, be refunded to Guyer and, simultaneously with «nn such repayment, Buyer shall return the Persona! Properly, vacate the Real Property and re-convey the Prapeny to 407 Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the «oe Deposil, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect excepl as may be aoe available to Buyer by viriue of warranties contained in the deed or bill of sale. a0 K, PRORATIONS; CREDITS: The fotlowing recurring keme will be made current (if applicable) and proraled as of at1 ihe day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: rea! estate taxes 412 (including special benefit tax assessments imposed by a CDP), interest, bonds, ascociation fees, insurance, rents aa and other expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in 44 which event premiums shall be prorated. Cash at Closing shall be increased or decreasad as may be required by 415 profations lo be made through day prior to Closing. Advance rent and security deposits, if any, will be credited to 4a Buyer. Escrow deposits held by Seller's morgagee will be paid 10 Seller, Taxes shall be prorated based on current «17 year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. {f Closing 448 OGcUTs on a dale when current year's millage is not fixed byl current year's assessment js available, taxes will be to prorated based upon such eesessment and prior year's muillags. If current year’s assessment is not available, [hen 420 taxes will be prorated on prior year’s tax, If there are completed improvements on the Real Property by January ‘1st of x year of Closing, which improvements were net in existence on January ist of prior year, then taxes shall be proraled ‘22 based upon prior year's millage and al an equilable assessment to be agreed upon between the panties, falling which, #29 request shall be made to the County Property Appraiser for an informal assessment taking into account available «24 exemptions. A tax prorafion based cn an estimate shall, at either party's request, be readjusted upan receipt of 425 Current year's Lax bill This STANDARD K shalt survive Closing. waa L. ACCESS TO PROPERTY TO CONDUCT APFRAISALS, INSPECTIONS, ANO WALK-THROUGH: Seller 427 shall, upon teasonable notice, provide ulilities service and access to Property for appraisals and inspections, 426 including a walk-through (or follow-up walk-through if necessary) prior to Closing. aze M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by fire or other casualty aso ("Casualty Loss") and cost of restoration (which shall include cost of pruning or removing damaged tress) does not aoy exceed 1.5% of Purchase Price, cost of resteration shail be an obligation of Seiler and Closing shall proceed 452 pursuant to terms of this Contract. If restoration is not completed as of Closing,-a sum equal to 125% of estimated «09 cast lo complete restoration (not 10 exceed 1.5% of Purchase Price), will be escrowed at Closing If actual cost of 434 testoration exceeds escrowed amount, Seller shell pay such actual costs (but, nol in excess of 4.5% of Purchase 495 Price) Any unused portion of escrowed amount shail be returned to Seller. If cost of restoration exceeds 1.5% of ase Purchase Price, Buyor shall elect to either take Property “as is" together with the 1.5%, or receive a refund of the 431 Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. Sellers sole obligation 4a0 wilh respect lo tree damage by casually or other nalural occurrence shail be cost of pruning or removal as N. 1031 EXCHANGE: If either Seller cr Buyer wish to enter Into a like-kind exchange (wither simultaneous with 440 Closing or deferred) under Section 1031 of the Inlernal Revenue Code ("Exchange’). the other party shall cooperale ‘a1 in all feasonable respects to effectuate the Exchange, Including execution of documents; provided, however, 492 cooperating party shall incur no liability or expense related lo the Exchange, and Closing shall not be contingent 443, upon, Nor extended or delayed by, such Exchange. saa Q. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any 44> notice of it shall be recorded In any public records. This Contract shall be binding on, and inure to the benefit of, the «ao partles and thoi rT heirs or successors in interest. Whenever the context permits, singular shall include plural Buyer's Inilinls penne Page 8 of 10 Seller's initials FloridaReshore/FlofidaBerASIS-1 Rov. 6/10 © 2010 Florida Reallors® ana Tha Flonde Ger All ighis reserved, EXHIBIT "CMAY-23-2@13 15:13 From: To: 13523438801 Pase:10711 AAT STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 449 and one gender shall include alll, Notice and delivery given by or to the attorney or broker (Including such broker's real +49 eSlale licensee) representing any pany shall ba as effective as if givan by ot to that parly All notices must be in 450 writing and may be made by mail, personal delivery or electronic (including "pdf") media. A legible facsimile or 451 electronic (including “pdf’) copy of this Contract and sny signatures hereon shall be considered for all purposes as an 452 ofiginal. 4% P. INTEGRATION; MODIFICATION: This Contrect contains the full and complete understanding and agreement ata of Buyer and Seller with respect to the lransaction contemplated by this Contract and no prior agreements or 435 representations shall be binding upon Buyer or Sellar unless inclided in this Contract. No modification to or change «sg in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended 4s7_ to be baund by it. as0 Q. WAIVER; Failure of Buyer ot Seller (o insist on compliance with, of strict performance of, any provision of this aso Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or «oo iOhs. an R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten 462 of handwritten provisions shall cantroi all printed provisions of this Contract in conflict with them. 462 $. COLLECTION or COLLECTED: "COLLECTION" or “COLLECTED” means any checks tendered or received, «te including Deposits, have become actually and finally collected and deposited in the account of Escrow Agent «es or Closing Agent. Closing and disbursement of funds and delivery of Closing documents may ba delayed by «66 Closing Agent unui such amounts have been COLLECTED in Closing Agent's accounts. «o7 T. LOAN COMMITMENT; “Loan Commitment" means a siatement by the lender setting forth the terms and 428 conditions upon which the lender Is willing to make a particular mortgage loan to a particular bonower 465 U, APPLICABLE LAW AND VENUE: [his Contract shall be construed in accordance with the laws of the State of 470 Flotida and venve for resolution of ali disputes, whether by mediation, arbitration or litigation, shall lie in the county in #71 which the Rest Property is located, 472 X. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitred by 470 law, against any real estate licensee involved In ihe negotiation of this Contract, for any de