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CONTRAST FOR SALE AND PURCHASE FAR /BAR Ftssl <br />PAR .rms: John H. Gerken TTrrust�ceffee simple, & JaI AmSka Inc. leasehold inhe>est) ('Sever•), <br />of 209 TIE- 95t�5t • Ste 5 Meal ores FL —M-39 (rnone) <br />("Buyer"), <br />ana 1 o s es eac (phone) 305 947 -0606 <br />of 17070 Coffins Ave. Ste 250 surinM Liles Beach, F1,33160 <br />hereby agree that Seller shall sell and Buyer shall buy tl,e following described Real PropeMm dr•�ouiPmperty(witearOy'EE2 )upon the following terms and conditions, which <br />Include Standards for Real lstate'l'ransactions (- Rand.rd . ') on the reverse side hereof oraitached hereto and riders and addenda to this Contract for Sale and Purchase (•Coor.n'). <br />L DESCRIPTION: Count Florida: <br />(a) Legal description of the Real Property located in Dade ee --t 3 County, TATUM' S OCEAN <br />The South 100 _feet of the r a P nun v. <br />(b) Street address, city, ziQ of the Property Is: i t -e -+ •+ •• - - <br />(c) Personal Property. All persona ro er no owne an ues s oca e <br />at the real ro er <br />II. PURCIiASE PRICE ................................................................................................................................................. ............................... <br />PAYMENT: in the amount of $ <br />(a) Deposit held in escrow by <br />(b) Additional escrow deposit to be made within days after Effective Dale (as defined in Paragraph 111) in the amount of........5 <br />(c) Subject to AND assumption of existing mortgage in good standing in favor of $ <br />having an approximate present principal balance of .......................................................................... ............................... <br />(d) Purchase money mortgage and note to Seller (see addendum) in the amount of ............................................ ........................................ ...........S <br />(e) Other. -Q <br />(f) Balance to close by U.S. cash, LOCALLYDRAWNcertifiedorcashier' acheckorthird- pertyloan, subjecuoadjustmenlsorprorations .......$ , r <br />Ill. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT' OF <br />EXECUTION communicated in writing between the parties on or before March 1$ , 1998 , the deposit(s) will, at Buyer's option, be returned <br />and this offer withdrawn. Ilse date of Contract ('Effective Date) will ll the date when the last one of the Buyer and Seller has signed this offer. <br />A facsimile copy Of this Contract and any signatures hereon shall be considered for all purposes as originals. <br />IV. FINANCING: <br />(a) If the Purchase Price or any part of it is to be financed by a third -party loan, this Contract is conditioned on Buyerobtaining a written commitment withindaysa( terEf fectiveDatefor(CHECKONLYONE):[ lafized;( lanadjustable;orl I a fixed or adjustable rate loan in the principal amount of$ ears. <br />discount and origination fees not to exceed _% of the principal amount, and for a term of y <br />at an initial interest rate not to exceed %, <br />able diligence to Obtain a loan commitment and, thereafter, r' satisfy terms and <br />Buyer will make application within_ days after Effective Date and use reason <br />conditions of the commitment and close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain a commitment or In <br />to waive Buyer's tights under this <br />subparagraph within the time for obtaining a commitment or, after diligent effort, fails to meet the terms and conditions of the commitment, then either party <br />thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s); or <br />(b)'I'he existing mortgage described in Paragraph 11(c), above, has (CI IECK ONLY ONE):[ I a variable interest rate; or I ] a fixed interest rate l,al, <br />annum. At time of title transfer, some fixed interest rates are subject to increase; if increased, the rate shall not exceed P er annum. Seller s <br />within _days after Effective Date, furnish a statement from each mortgagee staling the principal balance, method of payment, interest rate and status of mortgage. <br />If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall shall promptly <br />paid the n cess yr <br />application and diligently complete and return it to the mortgagee. Any mortgagee charge(s) not to exceed $ P y y e t <br />is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the <br />stated amount, Selleror Buyer may rescind this Contract bywritten notice to the other party unless either elects to pay the increase in interest rate or excess mortgage charges. <br />V. TITLE EVIDENCE: At least 15 days before closing date, but no earlier than days after Seller receives written notification that Buyer has obtained <br />the loan commitment or has been approved for the loan assumption as provided in Paragraphs IV(a) or (b), above, or, if applicable, shall 9t h financing requirements, <br />(CIIECK ONLY ONE):lX I Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, or I I Buyer Buyer's obtain <br />(CHECK ONLY ONE):[X I abstract of title; or I I title insurance commitment (with legible copies of instruments listed as exceptions attached <br />thereto) and, after closing, an owner's policy of title insurance. <br />VI. CLOSING DATE: Ihis transaction shall beclosedand the deed and other closing papers delivered on .Tune 3 1998 <br />unless modified by other provisions of this Contract. <br />VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other <br />requirements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements <br />of record (easements are to be located contiguous to Real Property lines and not more than to feet in width as to the rear or front lines and 7 1/2 feet in <br />width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, <br />if any (if additional items, see addendum); provided, that there exists at closing no violation of the foregoing and none prevent use of the Properly <br />formote1 purpose(s). <br />t <br />Vlll. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Property is intended to cy rented a occupied beyond closing, clo the <br />fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard P. Seller shall deliver occupancy of Property to Buyer at time of closing <br />unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible <br />and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. <br />IX. TYPEWRITTEN OR IIANDWRITI'EN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of <br />this Contract in conflict with them. <br />X. RIDERS: (CIIECK those riders which are applicable AND are attached to this Contract): OMEOWNERS' ASSOCIATION DISCLOSURE <br />(a) [X] COASTAL CONSTRUCTION CONTROL LINE (d) I j VA /FIIA (g) l ] H <br />(b) ( ] CONDOMINIUM (e) I J INSULATION (h) [ ] RESIDENTIAL LEAD -BASED HAZARD DISCLOSURE <br />(c) ( ] FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (f) IX] 'AS IS' (i) [ I <br />XI. ASSIGNABILITY: (CIIECK ONLY ONE): Buyer l I may assign and thereby be released from any further liability under this Contract; <br />I I may assign but not be released from liability under this Contract; or I)q may not assign this Contract. <br />X11. DISCLOSURES: <br />(a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons w o <br />are exposed to it over time. levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information <br />regarding Radon or Radon testing may be obtained from your County Public Ilealth unit. <br />(b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. <br />(c) If the Real Property includes pre -1978 residential housing then Paragraph X (h) is mandatory. <br />XIII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of: <br />(a) $ UU _ for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). <br />(b) $ repair and replacement under Standard N (if blank, then 3% of the Purchase Price). <br />XIV. SPECIAL C ES; ADDENDA: If additional terms are to be provided, attach addendum and CIIECK HERE IXI. <br />THIS IS INTEND BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSI'OOD,SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. <br />IIIS FORM iIAS EN APPROVED BY IIIE FLORIDA ASSOCIATION OF REALTORS AND IIIE FLORIDA BAR. <br />Approvaldoesn c stituteano inion tanyofthetermsandconditionsinthisContractshouldbeacceptedbythepartiesinaparticulartransaction .Tcrmsandconditions <br />shout e n Bated based upon t 4ve interests ob'ectives and bar¢atntn¢ Dositions of all interested persons. <br />CO PYRIG IT 5 aY TI E FLORIDA BAR AM1 �IIE FLORIDA ASS CIA'1'1 OF REALTORS <br />( <br />(Date) <br />(Date) (Seller) uyer) <br />i <br />Social Security or'I'az I.D. # Social Sec ity or I'ax <br />(Buyer) (Date) <br />Social Security or Tax LU. tM <br />Deposit under Paragraph Il (a) received; IF OTHER T19N CASI I, THEN SI <br />BROKER'S FEE:'Ilie brokers named below, including listing and cooperating <br />Name: No Broker <br />Listing Broker <br />FAR /RARJ RP"SFD 12/95 <br />4A? <br />[or) Ul le'Tr'U ia (Date <br />Sof $i:cun 'Cy6r a .,tfi9- 61282'31 <br />'TO CLEARANCE. (Escrow Agent) <br />are the only brokers entitled to compensation in connection with this Contract: <br />No Broker <br />Cooperating Brokers, If any 4)[ASF t Geoeoied by Digd•y sy.Ieau. tae. (941) 767 -5555 <br />