FAR-BAR AS-IS Residential Contract For Sale And Purchase



5230493-11835 “AS IS” Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR 1* PARTIES: ____________Michael Reed___________________________________________________ (“Seller), 2* and _________________Muscle Man______________________________________________________ (“Buyer”), agree that Seller shall sell and Buyer shall buy the following described Reel Property and Personal Property (collectively “Property”) pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and any riders and addenda (“Contract"): 6 1. PROPERTY DESCRIPTION: 7* (a) Street address, city, zip: _____762 Filler Street______________________________________________________ 8* (b) Property is located in: __Fulton County, Florida. Real Property Tax ID No.: _____01-111-0280_________ 9* (c) Real Property: The legal description is ___ALL THAT TRACT or parcel of land lying and being in the Northeast____ Quarter of Township 18 South, Section 1, Fulton County, Florida, and being more particularly described as Lot 15 Block A of The Filler Subdivision as per plat recorded at Plat Book 5, Page 35, Fulton County, Florida Plat Records, which Plat is incorporated herein and made part of this description by reference.together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and attached wall-to-wall carpeting and flooring (“Real Property”) unless specifically excluded in Paragraph 1(e) or by other terms of this Contract. (d) Personal Property: Unless excluded in Paragraph 1(e) or by other terms of this Contract, the following items which are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase range(s)/(oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fixture(s), drapery rods and draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access devices, and storm shutters/panels (“Personal Property”). 20* Other items included in this purchase are:_______________________________________________________21 ___________________________________________________________________________________22 Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer.23 (e) The following items are excluded from the purchase: _________________________________________________ ___________________________________________________________________________________________ PURCHASE PRICE AND CLOSING 26* 2. PURCHASE PRICE (U.S. currency): ……………………………….………………………………… $__100,000.000___ 27* (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) … $__20,000.00______ 28 The initial deposit made payable and delivered to "Escrow Agent”, named below 29* (CHECK ONE): (i) ? accompanies offer or (ii) ? is to be made within ________(if left blank, then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii) SHALL BE DEEMED SELECTED 32* Escrow Agent Information: Name: ______Damon King__________________________________ 33* Address_____123 ABC Lane, Kingston, Florida_______________________________________ 34* Phone: __123-456-7890____E-mail: _______________________________Fax: ______________33 (b) Additional deposit to be delivered to Escrow Agent within _______________ (if left blank, then 10) 36* days after Effective Date……………………………………………………………………….…….. $_______________ 37 (All deposits paid or agreed to be paid, are collectively referred to as the “Deposit”) 38* (c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8 …… _______________ 39* (d) Other:_________________________________________________________________...... $_______________ 40 (e) Balance to close (not Including Buyer’s closing costs. prepaids and prorations) by wire 41* transfer or COLLECTED funds……………………………………………………………………. $_80,000.00____ 42 NOTE: For the definition of “COLLECTION” OR “COLLECTED” see STANDRD S. 43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 44* (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before April 25th, 2018____ 45*___________________________, this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to 46 Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the 47 counter-offer is delivered. 48 (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed 49 and delivered this offer or final counter-offer (“Effective Date”). 50 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and th 51 closing documents required to be furnished by each party pursuant to this Contract shall be delivered (“Closing") 52* on ____________MARCH 25th 2018______________ (“Closing Date”), at the time established by the Closing Agent. 5. EXTENSION OF CLOSING DATE: (a) If Closing funds from Buyers lender(s) are not available al time of Closing due to Truth In Lending Act (TILA) notice requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, not to exceed 7 days. (b) if extreme weather or other condition or event constituting “Force Majeure” (see STANDARD G) causes: (i) disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners’ insurance, to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wind, Flood or Homeowners’ insurance. If restoration of such utilities or services and availability of insurance has not occurred within __________(if left blank, then 14) days after Closing Date, than either party may terminate this Contract by delivering written notice to the other party, and Buyer shall he refunded the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. 6. OCCUPANCY AND POSSESSION: (a) Unless the box in Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removed all personal Items and trash from the Property and shall deliver all keys, garage door openers, access devices and codes, as applicable, to Buyer. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to the Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted the Property in its existing condition as of time of taking occupancy. 72* (b) ? CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING: lf Property is subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the facts and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be delivered to Buyer, all within 5 days after Effective Date. If Buyer determines, in Buyer’s sole discretion, that the lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of written notice of such election to Seller within 5 days alter receipt of the above items from Seller, and Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from alt further obligations under this Contract. Estoppel Letter(s) and Sellers affidavit shall be provided pursuant to STANDARD D. If Property is intended to be occupied by Seller after Closing, See Rider U. POST-CLOSING OCCUPANCY BY SELLER. 81* 7. ASSIGNABILITY: (CHECK ONE): Buyer ? may assign and thereby be released from any further liability under this 82* Contract; ? may assign but not he released from liability under this Contract; or ? may not assign this Contract. FINANCING 8. FINANCING: 85* ? (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to 86 Buyer’s obligation to close. 87* ? (b) This Contract is contingent upon Buyer obtaining a written loan commitment for a ? conventional ? FHA ? VA 88* or ? other __________________(describe) loan on the following terms within _______ (if left blank, than 30) days after 89* Effective Date (“Loan Commitment Date") for (CHECK ONE): ? fixed, ? adjustable, ? fixed or adjustable rate loan in 90* the Loan Amount (See Paragraph 2(c)), at an initial interest rate not to exceed ___6____% (if left blank, then prevailing 91* rate based upon Buyer’s creditworthiness), and for a term of ___30___ (if left blank, then 30) years (“Financing”). 92* Buyer shall make mortgage loan application for the Financing within ________(if left blank, then 5) days after Effective Date and use good faith and diligent effort to obtain a written loan commitment for the Financing (“Loan Commitment”) and thereafter to close this Contract. Buyer shall keep Seller and Broker fully informed about the status of mortgage loan application and Loan Commitment and authorizes Buyer’s mortgage broker and Buyer’s lender to disclose such status and progress to Seller and Broker. Upon Buyer’s receipt of Loan Commitment, Buyer shall provide written notice of same to Seller. If Buyer does not receive Loan Commitment by Loan Commitment Date, then thereafter either party may cancel this Contract up to99the earlier of: i. Buyer’s delivery of written notice to Seller that Buyer has either received Loan Commitment or elected to waive the financing contingency of this Contract; or ii. 7 days prior to Closing Date If either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not In default under the terms of this Contract, Buyer shall he refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing contingency shall he deemed waived by Buyer. If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract docs not thereafter close, the Deposit shall he paid to Seller unless failure to close is due to: (1) Seller’s default; (2) Properly related conditions of the Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract); (3) appraisal of the Property obtained by Buyer's lender is insufficient to meet terms of the Loan Commitment; or (4) the loan is not funded due to financial failure of Buyer’s lender, in which event(s) the Deposit shall be returned to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. 114* ? (c) Assumption of existing mortgage (see rider for terms). 115* ?? (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms). CLOSING COSTS, FEES AND CHARGES 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: (a) COSTS TO BE PAID BY SELLER: ? Documentary stamp taxes and surtax on deed, if any ? HOA/Condominium Association estoppel fees ? Owner’s Policy and charges (if Paragraph 9(c)(i) is checked) ? Recording and other fees needed to cure title ? Title search charges (if Paragraph 9(c)(iii) is checked) ? Seller’s attorneys’ fees 122* ? Other: _________________________________________________________________________________________ If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay such actual costs. Any unused portion of escrowed amount(s) shall be returned to Seller. (b) COSTS TO BE PAID BY BUYER: ? Taxes and recording fees on notes and mortgages ? Loan Expenses ? Recording fees for 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) ? Buyer’s attorneys' fees ? Lender’s title policy and endorsements ? All property related insurance ?HOA/Condominium Association application/transfer fees ? Owners Policy Premium (if Paragraph 134 9 (c) (iii) is checked.) 135* ? Other:______________________________________________________________________________________ 136* (c) TITLE EVIDENCE AND INSURANCE: At least ________ (if left blank, then 5) days prior to Closing Date, a title insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner’s policy of title insurance covering the Real Property, a copy shall he furnished to Buyer and Closing Agent within 5 days after Effective Date. The owner's title policy premium, title search, municipal lien search and closing services (collectively, “Owner’s Policy and Charges”) shall he paid, as set forth below 143 (CHECK ONE): 144* ? (i) Seller shall designate Closing Agent and pay for Owner’s Policy and Charges (but not including charges for closing services related to Buyer‘s lender‘s policy and endorsements and loan closing, which amounts shall be paid by Buyer to Closing Agent or such other provider(s) as Buyer may select); or 147* ? (ii) Buyer shall designate Closing Agent and pay for Owner’s Policy and Charges and charges for closing 148 services related to Buyer’s lender’s policy, endorsements, and loan closing; or 149* ? (iii) [MIAMI-DADE/BROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner’s policy of title insurance or other evidence of title and pay fees for: (A) a continuation or update of such title evidence, which is acceptable to Buyer’s title Insurance underwriter for reissue of coverage; (B) tax search: and (C) municipal lien search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer‘s owner's policy, and If applicable, Buyer’s lender‘s policy. Seller shall not be obligated to pay more than $________________ (if left blank, then $200.00) for abstract continuation or title search ordered or performed by Closing Agent. (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer‘s expense, have the Real Property surveyed and certified by a registered Florida surveyor (“Survey"). If Seller has a survey covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date 158* (e) HOME WARRANTY: At Closing, ? Buyer ? Seller ? N/A shall pay for a home warranty plan issued by 159* ____________________________________________ at a cost not to exceed $_______________. A home 160 warranty plan provides for repair or replacement of many of a home’s mechanical systems and major built-in 161 appliances in the event of breakdown due to normal wear and tear during the agreements warranty period. (f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full amount of liens imposed by a public body (“public body” does not include a Condominium or Homeowner’s Association) that are certified, confirmed and ratified before Closing; and (ii) the amount of the public body’s most recent estimate or assessment for an improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being impose on the Property before Closing. Buyer shall pay all other assessments. If special assessments may be paid in installments (CHECK ONE): 168 ? (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due alter Closing. 169 installments prepaid or due for the year of Closing shall be prorated. 170* ? (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED. This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district (CDD) pursuant to Chapter 190. F.S., which lien shall he prorated pursuant to STANDARD K. DISCLOSURES 10. DISCLOSURES: (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 180 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller 181 does not know of any improvements made to the Property which were made without required permits or made 182 pursuant to permits which have not been properly closed. (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information regarding mold, Buyer should contact an appropriate professional (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard Area” or “Coastal Barrier Resources Act" designated area or otherwise protected area identified by the U.S. Fish and Wildlife Service under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and /or flood \insurance rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood Insurance Program, Buyer may terminate this Contract by delivering written notice to seller within ________(if left blank, then 20) days after Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract, falling which Buyer accepts existing elevation of buildings and flood zone designation of Property. The National Flood Insurance Reform Act of 2012 (referred to as Biggert- Waters 2012) may phase in actuarial rating of pre-Flood Insurance Rate Map (pre-FIRM) non-primary structures (residential structures in which the insured or spouse does not reside for at least 80% of the year) and an elevation certificate may be required for actuarial rating. 198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure 199 required by Section 553.996, F.S. (f) LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint disclosure is mandatory. (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS’ ASSOCIATION/COMMUNITY DISCLOSURE, IF APPLICABLE. (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER’S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBILIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER’S OFFICE FOR INFORMATION. 211 (i) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a “foreign person” as defined by the212 Foreign Investment in Real Property Tax Act (“FIRPTA“), Buyer and Seller shall comply with FIRPTA, which may require Seller to provide additional cash at Closing. If Seller is not a “foreign person", Seller can provide Buyer, at or prior to Closing, a certification of non-foreign status, under penalties of perjury, to inform Buyer and Closing Agent that no withholding is required. See STANDARD V for further information pertaining to FIRPTA. Buyer and Seller are advised to seek legal counsel and tax advice regarding their respective rights, obligations, reporting and withholding requirements pursuant to FIRPTA. (j) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence, Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected building,environmental, or safety code violation. PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property, including, but not limited to. lawn, shrubbery, and pool, in the condition existing as of Effective Date (“AS IS Maintenance Requirement"). 228 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 229* (a) PROPERTY INSPECTION AND RIGHT TO CANCEL: Buyer shall have _________ (if left blank. than 15) days 230 after Effective Date (“Inspection Period”) within which to have such inspections of the Property performed as Buyer shall desire during the Inspection Period. If Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice or such election to Seller prior to expiration of Inspection Period. If Buyer timely terminates this Contract, the Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further obligations under this Contract; however, Buyer shall be responsible for prompt payment for such inspections, for repair of damage to, and restoration of, the Property resulting from such inspections, and shall provide Seller with paid receipts for all work done on the Property (the preceding provision shall survive termination or this Contract). Unless Buyer exercises the right to terminate granted herein, Buyer accepts the physical condition of the Property and any violation of governmental, building, environmental, and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance Requirement, and Buyer shall be responsible for any and all repairs and improvements required by Buyer’s lender. (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement and has met all other contractual obligations (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer’s inspection of the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans, written documentation or other information in Seller’s possession, knowledge, or control relating to improvements to the Property which are the subject of such open or needed Permits, and shall promptly cooperate in good faith with Buyer’s efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seller’s obligation to cooperate shall include Seller’s execution of necessary authorizations, consents, or other documents necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling such obligation, Seller shall not he required to expend, or become obligated to expend, any money. (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost, Seller will, at Closing. assign all assignable repair, treatment and maintenance contracts and warranties to Buyer. ESCROW AGENT AND BROKER 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively “Agent”) receiving the Deposit, other funds and other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow within the State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions of this Contract. Failure of funds to become COLLECTED shall not excuse Buyer’s performance. When conflicting demands for the Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent’s duties or liabilities under this Contract, Agent may, at Agent’s option, continue to hold the subject matter of the escrow until the parties agree to its disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow disbursement order. Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any proceeding where Agent interpleads the subject matter of escrow, Agent shall recover reasonable attorney’s fees and costs incurred, to he paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not he liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agents willful breach of this Contract or Agent’s gross negligence. This Paragraph 13 shall survive Closing or termination of this Contract. 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verily Property condition. square footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals for legal, tax, environmental, and other specialized advice concerning matters affecting the Properly and the transaction contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNNENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually, the “indemnifying Party") each individually indemnifies, holds harmless, and releases Broker and Broker’s officers, directors, agents and employees from all liability for loss or damage, including all costs and expenses, and reasonable attorney’s fees at all levels, suffered or incurred by Broker and Broker’s officers, directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by Buyer or Seller based on: (i) inaccuracy of information provided by the Indemnifying Party or from public records; (ii) Indemnifying Party’s misstatement(s) or failure to perform contractual obligations; (iii) Broker’s performance, at Indemnifying Party’s request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, including Broker’s referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv) products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective vendors and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will not relieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14, Broker will he treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract. DEFAULT AND DIBPUTE RESOLUTION 15. DEFAULT: (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer’s obligations under this Contract, including payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and in full settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this Contract, or Seller, at Seller’s option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller’s rights under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker’s share shall not be greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker. (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller’s title marketable after reasonable diligent effort, Seller fails, neglects or refuses to perform Seller’s obligations under this Contract, Buyer may elect toreceive return of Buyer’s Deposit without thereby waiving any action for damages resulting from Seller’s breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance. This Paragraph 15 shall survive Closing or termination of this Contract 16. DISPUTE RESOLUTION: Unresolved controversies. claims and other matters in question between Buyer and Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation (“Dispute”) will he settled as follows: (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 16(b). (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the “Mediation Rules”). The mediator must be certified or must have experience in the real estate industry. Injunctive relief may he sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall survive Closing or termination of this Contract. 17. ATTORNEY’S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by this Contract, and each party will pay their own costs, expenses and fees, including attorney’s fees, incurred in conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall he entitled to recover from the non-prevailing party costs and fees, including reasonable attorney’s fees, incurred in conducting the litigation. This Paragraph 17 shall survive Closing or termination of this Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS (“STANDARDS”) 18. STANDARDS: A. TITLE: (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall be issued anddelivered to Buyer. The Title Commitment shall set forth those matters to he discharged by Seller at or before Closingand shall provide that, upon recording of the deed to Buyer, an owner’s policy of title insurance In the amount of thePurchase Price, shall he issued to Buyer insuring Buyer’s marketable title to the Real Property, subject only to thefollowing matters: (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions andrequirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwisecommon to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplattedpublic utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to rearor front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and subsequent years; and (f) 345STANDARDS FOR REAL ESTATE TRANSACTIONS (“STANDARDS”) CONTINUED 346assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); provided, that, none prevent use of Property for RESIDENTIAL PURPOSES. If there exists at Closing any violation of terms Identified in (b) – (f) above, then the same shall be deemed a title defect. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. (ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") after receipt of Buyer’s notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer’s attorney) and the parties will close this Contact on Closing Date (or If Closing Date has passed, within 10 days after Buyer’s receipt of Seller’s notice). If Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); or (b) electing to accept title with existing defects and close this Contract on Closing Date (or If Closing Date has passed, within the earlier of 10 days after end of Extended Cure Period or Buyer’s receipt of Seller’s notice), or (c) electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. If after reasonable diligent effort, Seller is unable to timely cure defects, and Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. B. SURVEY: If Survey discloses encroachments on the Real Property or that Improvements located thereon encroach on setback lines, easements, or lands of others, or violate any restrictions, covenants, applicable governmental regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of such matters, together with a copy of Survey, to Seller within 5 days after Buyer’s receipt of Survey, but no later than Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior survey, Seller shall, at Buyer’s request, execute an affidavit of “no change” to the Real Property since the preparation of such prior survey, to the extent the affirmations therein are true and correct 375 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to the376Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. D. LEASE INFORMATION: Seller shall, at least 10 days prior to Closing, furnish to Buyer estoppel letters from tenant(s)/occupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security deposits paid by tenant(s) or occupant(s) (“Estoppel Letter(s)”). lf Seller is unable to obtain such Estoppel Letter(s), the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel Letter(s) or Sellers affidavit, if any, differ materially from Seller’s representations and lease(s) provided pursuant to Paragraph 6, or if tenant(s)/occupant(s), fail or refuse to confirm Seller’s affidavit, Buyer may deliver written notice to Seller within 5 days after receipt of such information, but no later than 5 days prior to Closing Date, terminating this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. Seller shall, at Closing, deliver and assign all leases to Buyer who shall assume Seller’s obligations thereunder. E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting (i) to the absence of any financing statement, claims of lien or potential lienors known to Seller, and (ii) that there have been no improvements or repairs to the Real Property for 90 days immediately preceding Closing Data. lf the Real Properly has been Improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for construction lien or a claim for damages have been paid or will be paid at Closing. F. TIME: Calendar days shall be used in computing time periods. Time is of the essence in this Contract. Other than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates specified in this Contract, whether preprinted, handwritten, typewritten or inserted herein, which shall end or occur on a Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5.00 p.m. (where the Property is located) of the next business day. G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable to each other for damages so long as performance or non-performance of the obligation is delayed, caused or prevented by Force Majeure. “Force Majeure” means: hurricanes, earthquakes, floods, fire, acts of God, unusual transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of Buyeror Seller, and which, by: exercise of reasonable diligent effort, the non-performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will he extended for the period that the Force Majeure prevents performance under this contract, provided, however, if such Force Majeure continues to prevent performance STANDARDS FOR REAL ESTATE TRANSACTIONS (“STANDARDS”) CONTINUED under this Contract more than 14 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee’s, personal representative’s, or guardian’s deed, as appropriate to the status of Seller, subject only to matters described in STANDARD A and those accepted by Buyer. Persona! Property shall, at request of Buyer, be transferred by absolute bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract. I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: (i) LOCATION: Closing will lake place in the county where the Real Property is located at the office of the attorney or other closing agent (“Closing Agent”) designated by the party paying for the owner’s policy of title insurance, or, if no title Insurance, designated by Seller. Closing may be conducted by mail or electronic means. (ii) CLOSING DOCUMENTS: Seller shall, at or prior to Closing, execute and deliver, as applicable, deed, bill of sale, certificate(s) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), owner’s possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid receipts for all work done on the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable the survey, flood elevation certification, and documents required by Buyer’s lender. (iii) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow closing procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all closing funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller. J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide for insurance against adverse matters as permitted under section 627.7841, F.S., as amended, the following escrow and closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent tor a period of not more than 10 days after Closing; (2) if Seller’s title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect; (3) if Seller falls to timely cure the defect, the Deposit and all Closing funds paid by Buyer shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with such repayment. Buyer shall return the Personal Property, vacate the Real Property and re-convey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the Deposit, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may he available to Buyer by virtue of warranties contained in the deed or bill of sale. K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes (including special benefit tax assessments imposed by a CDD), interest, bonds, association fees. insurance, rents and other expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in which event premiums shall he prorated. Cash at Closing shall he increased or decreased as may be required by prorations to be made through day prior to Closing. Advance rent and security deposits, if any, will be credited to Buyer. Escrow deposits held by Seller’s mortgagee will be paid to Seller. Taxes shall be prorated based on current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs on a date when current year’s millage is not fixed but current year’s assessment is available, taxes will be prorated based upon such assessment and prior years millage. If current year’s assessment is not available, then taxes will he prorated on prior year’s tax. If there are completed improvements on the Real Property by January 1st of year of Closing, which improvements were not in existence on January 1st of prior year, than taxes shall be prorated based upon prior year’s millage and at an equitable assessment to be agreed upon between the parties, failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at either party’s request, be readjusted upon receipt of current years tax bill. This STANDARD K shall survive Closing. L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall, upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a walk- through (or follow-up walk-through it necessary) prior to Closing. M. RISK OF LOSS: lf, after Effective Date, but before Closing, Property is damaged by firm or other casualty (“Casualty Loss”) and cost of restoration (which shall Include cost of pruning or removing damaged trees) does not exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% or estimated cost to complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of restoration exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase Price). Any unused portion of escrowed amount shall be returned to Seller. If Cost of restoration exceeds 1.5% of Purchase Price,Buyer shall elect to either take Property "as is" together with the 1.5%, or receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. Seller‘s sole obligation with respect to tree damage by casualty or other natural occurrence shall be cost of pruning or removal. STANDARDS FOR REAL ESTATE TRANSACTIONS (“STANDARDS”) CONTINUED N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneously with Closing or deferred) under Section 1031 of the Internal Revenue Code (“Exchange"), the other party shall cooperate inall reasonable respects to effectuate the Exchange, including execution of documents; provided, however, cooperatingparty shall incur no liability or expense related to the Exchange, and Closing shall not be contingent upon, nor extendedor delayed by, such Exchange.. O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT EXECUTION: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall be binding on, and inure to the benefit of, the parties and their respective heirs or successors in interest. Whenever the Context permits, singular shall include plural and one gender shall include all. Notice and delivery given by or to the attorney or broker (including such Broker's real estate licensee) representing any party shall be as effective as if given by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic (including “pdf”) media. A facsimile or electronic (including “pdf") copy of this Contract and any signatures hereon shall be considered for all purposes as an original. This Contract may be executed by use of electronic signatures, as determined by Florida’s Electronic Signature Act and other applicable laws. P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change inthis Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended to be bound by it. Q. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions orrights. R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten or handwritten provisions shall control all printed provisions of this Contract in conflict with them. S. COLLECTION or COLLECTED: "COLLECTION" or “COLLECTED” means any checks tendered or received, including Deposits, have become actually and finally collected and deposited in the account of Escrow Agentor Closing Agent. Closing and disbursement of funds and delivery of closing documents may be delayed by Closing Agent until such amounts have been COLLECTED In Closing Agent’s accounts. 492 T. LOAN COMMITMENT: "Loan Commitment” means a statement by the lender setting forth the terms and conditions 493 upon which the lender is willing to make a particular mortgage loan to a particular borrower. Neither a pre-approval letter nor a prequalification letter shall be deemed a Loan Commitment for purposes of this Contract. 495 U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the county where the Real Property is located. V. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): If a Seller of U.S. real property is a "foreign person” as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires the buyer of the real property to withhold 10% of the amount realized by the seller on the transfer and remit the withheld amount to the internal Revenue Service (IRS) unless an exemption to the required withholding applies or the seller has obtained a Withholding Certificate from the IRS authorizing a reduced amount of withholding. Due to the complexity and potential risks of FIRPTA, Buyer and Seller should seek legal and tax advice regarding compliance, particularly if an "exemption” is claimed on the sale of residential property for $300,000 or less. (i) No withholding is required under Section 1445 if the Seller is not a “foreign person”, provided Buyer accepts proof of same from Seller, which may include Buyer’s receipt of certification of non-foreign status from Seller, signed under penalties of perjury, stating that Seller is not a foreign person and containing Seller’s name, U.S. taxpayer identification number and home address (or office address, in the case of an entity), as provided for in 26 CFR 1.1445-2(b). Otherwise, Buyer shall withhold 10% of the amount realized by Seller on the transfer and timely remit said funds to the IRS. (ii) If Seller has received a Withholding Certificate from the IRS which provides for reduced or eliminated withholding in this transaction and provides same to Buyer by Closing, then Buyer shall withhold the reduced sum, if any required, and timely remit said funds to the IRS. (iii) If prior to Closing Seller has submitted a completed application to the IRS for a Withholding Certificate and has provided to Buyer the notice required by 25 CFR 1.1445-1(c) (2)(i)(B) but no Withholding Certificate has been received as of Closing, Buyer shall, at Closing, withhold 10% of the amount realized by Seller on the transfer and, at Buyer’s option, either (a) timely remit the withheld funds to the IRS or (b) place the funds in escrow, at Seller’s expense, with an escrow agent selected by Buyer and pursuant to terms negotiated by the parties, to be subsequently disbursed in accordance with the Withholding Certificate issued by the IRS or remitted directly to the IRS if the Seller’s application is rejected or upon terms set forth in the escrow agreement. (iv) In the event the net proceeds due Seller are not sufficient to meet the withholding requirement(s) in this transaction,Seller shall deliver to Buyer, at Closing, the additional COLLECTED funds necessary to satisfy the applicable requirement and thereafter Buyer shall timely remit said funds to the IRS or escrow the funds for disbursement in accordance with the final determination of the IRS, as applicable STANDARDS FOR REAL ESTATE TRANSACTIONS (“STANDARDS”) CONTINUED (v) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 8288 and 8288-A, as filed. W. RESERVED X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller and against any real estate licensee involved in the negotiation of this Contract, for any damage or defects pertaining to the physical condition of the Property that may exist at Closing of this Contract and be subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This provision does not relieve Seller’s obligation to comply with Paragraph 10(j). This Standard X shall survive Closing. ADDENDA AND ADDITIONAL TERMS 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this 536* Contract (Check If applicable): ? A. Condominium Rider ? M. Defective Drywall ? X. Kick-out Clause ? B. Homeowners' Assn. ? N. Coastal Construction Control Line ? Y. Sellers Attorney Approval ? C. Seller Financing ? O. Insulation Disclosure ? Z. Buyer’s Attorney Approval ? D. Mortgage Assumption ? P. Lead Based Paint Disclosure ? AA.Licensee-Personal Interest in ? E. FHA/VA Financing (Pre 1978 Housing) Property ? F. Appraisal Contingency ? Q. Housing for Older Persons ? BB. Binding Arbitration ? G. Short Sale ? R. Rezoning ? Other _____________________ ? H. Homeowners’/Flood Ins. ? S. Lease Purchaser/Lease Option ____________________________ ? I. RESERVED ? T. Pre-Closing Occupancy by Buyer ____________________________ ? J. Interest-Bearing Acct. ? U. Post-Closing Occupancy by Seller ____________________________ ? K. RESERVED ? V. Sale of Buyer's Property ____________________________ ? L. RESERVED ? W. Back-up Contract 537* 20. ADDITIONAL TERMS: __________________________________________________________________________________________________________________________________.________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 554 COUNTER-OFFER/REJECTION 555* ? Seller counters Buyer‘s offer (to accept the counter-offer, Buyer must sign or initial the counter-offered terms and deliver 556 a copy of the acceptance to Seller). 557* ? Seller rejects Buyer’s offer. 558 THIS IS INTENDED T0 BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 559 AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the termsand conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons. 564 AN ASTERISK (*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE 565 COMPLETED. 566 567 668* Buyer: ________________________________________________________________ 569 570 571 572 Date: _________________ 573* Buyer: ________________________________________________________________ 574 575 576 577 Date: _________________ 578* Seller: ________________________________________________________________ 579 580 581 582 Date: _________________ 583* Seller: ________________________________________________________________ Date: _________________ 584 585 Buyer's address for purposes of notice Seller’s address for purposes of notice 586* _______323 King Terrace, Apt. 4____________ _________762 Filler Street_______________ 587* __________Kingston, Florida 30303__________ __________Kingston, Florida 30303__________ 588* ______________Fulton County______________ _____________Fulton County_______________ 589 BROKER: Listing and Cooperating Brokers, if any, named below (collectively, “Broker”), are the only Brokers entitled to compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Contract shall not modify any MLS or other offer of compensation made by Seller or Listing Broker to Cooperating Brokers. 596 597* ______________________________________ ______________________________________ 598 Cooperating Sales Associate, If Any Listing Sales Associate 599 600* ______________________________________ ______________________________________ 601 Cooperating Broker, If Any Listing Broker Closing AffidavitTITLE NO.:425-55-1943PREMISES:762 Filler StreetSTATE OF FLORIDA)SS:COUNTY OF FULTON)SELLERThe undersigned seller(s) each being duly and severally sworn, depose(s) and says: That I am (we are) the owner(s) of the above premises. That I (we) have not been known by any other name(s) during the past ten years except for __________________________And there are no liens or mortgages recorded or unrecorded against the premises. That there are no street vaults or tenants or outstanding leasehold interests affecting the premises. That there are no environmental control board liens against us or the premises. There are no unpaid taxes, assessments, water charges or sewer rents against the premises now due and owing. I am (we are) the record owners of the property as certified in the title report. If this is a sale, I am (we are) not taking back a purchase money mortgage as part of the sales price.There has not been any dispute with any neighbor with respect to the location of any structures on our property lines. That the structures have been in existence in their current conditions for the last two years. That there are no actions pending affecting said premises. That no work has been done upon the premises that has or could result in any emergency repair liens by the City of Kingston.That I (we) have read the judgement, bankruptcy, Federal Tax Lien, and Warrant returns which constitute objection(s)# ______________________________________________in the ___________________________________________________title report numbers above. I am (we are) not the party (parties) mentioned in said returns, and that none of the said liens affect (me) (it) in any way, and that I have never resided, worked or done business at any of the addresses stated in said report. I (we) am (are) entitled to the real estate tax exemption on the premises. Closing AffidavitThis affidavit is made to induce the title company to issue its policy of title insurance numbered above covering said premises knowing that they will rely on the truth of the statements herein made. ____________________________________________________________SellerSocial Security or Federal Tax ID #____________________________________________________________SellerSocial Security or Federal Tax ID #____________________________________________________________Purchaser/BorrowerSocial Security or Federal Tax ID #____________________________________________________________Purchaser/BorrowerSocial Security or Federal Tax ID #Sworn to before meFORWARDING ADDRESSThis 25th day of March 2018Gold & Associates300 Orange Street_______________________________Bridgetown, Florida 303032933065-3441700This Instrument Was Prepared By:Denise GoldGold & Associates300 Orange StBridgetown, FL 30333Record and Return To: Denise GoldWARRANTY DEEDTHIS WARRANTY DEED made this 25th day of April 2018 between Michael Reed, (The “Grantor”), whose mailing address is 762 Filler Street, Kingston, Florida 30303, and Muscle Man (the “Grantee”), whose mailing address is 323 King Terrace, Apt. 4, Kingston, Florida 30303.WITNESSETHThat Grantor, for and in consideration of the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, hereby grants, bargains, and sells unto the Grantee, and Grantee’s successors, heirs, and assigns forever, all that certain parcel of land in the County of Dekalb, State of Florida, to wit: ALL THAT TRACT or parcel of land lying and being in the Northeast Quarter of Township 18 South, Section 1, Fulton County, Florida, and being more particularly described as Lot 15, Block A of The Filler Subdivision as per plat recorded Plat Block 5, Page 35, Fulton County, Florida Plat Records, which Plat is incorporated herein and made a part of this description by reference.Parcel Identification No.:111-08-00-03SUBJECT TO: All easements, conditions, covenants, restrictions, reservations, limitations and agreements of record, provided this instrument shall not re-impose same.Real estate taxes for the year 2018 and all subsequent years.Existing applicable government building and zoning ordinances and other governmental regulations.TOGETHER with all of the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey this land; that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever; and that the land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017, and restrictions, covenants, and easements of record.IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written.Signed, sealed and delivered in the presence of:________________________________Witness SignatureJane Doe789 ABC LnCedar Grove, FL 12345________________________________Printed Name of Witness________________________________Witness SignatureJohn Smith567 ABC LnCedar Grove, FL 12345________________________________Printed name of Witness________________________________Michael ReedACKNOWLEDGEMENTSTATE OF _Florida_____________COUNTY OF __Fulton___________The foregoing instrument was acknowledged before me this _25_ day of__April___, _2018_ by _____________________________________,who are (is) personally known to me or who have (has) produced________________________ as identification and who did (did not) take anoath._____________________________________________Notary Public(Notarial Seal)_____________________________________________Printed NameMy Commission Number: ________________________My Commission Expires: ________________________BILL OF SALEThis agreement has been made on April 25th, 2018 (Hereinafter the “Agreement Date”) in the County of Fulton, in the State of Florida between the following:Purchaser. The entity Muscle Man of 323 King Terrace, Apt. 4, Kingston, Florida, 30303 (hereinafter the “Buyer”)Seller. The individual Michael Reed of 762 Filler Street, Kingston, Florida, 30303 (Hereinafter “Seller”)Purchase Price. The buyer agrees to pay $100,000.00 which includes Municipal, County, and taxes to the Seller in exchange for the possession and ownership of the following described property:Property Description. ALL THAT TRACT or parcel of land lying and being in the Northeast Quarter of Township 18 South, Section 1, Fulton County, Florida, and being more particularly described as Lot 15, Block A of The Filler Subdivision as per plat recorded at Plat Book 5, Page 35, Fulton County, Florida Plat Records, which Plat is incorporated herein and made a part of this description by reference.Additional Terms and Conditions. None.Buyer and Seller acknowledge that the Property is being sold without any representations (“AS-IS”) and that after the sale the Seller shall not have any liability other than the details in this Bill of Sale.Buyer Signature ______________________________________Muscle ManSeller Signature _______________________________________Michael ReedOwnIt Bank180 Redtail Drive ? Sterling Park, WA 421372647950215900LOAN TERM:30 YEARSPURPOSE:PURCHASEPRODUCT:FIXED RATELOAN TYPE:CONVENTIONALLOAD ID#:0000413-7875RATE LOCK:YESBefore closing, your interest rates, points, and lender credits can change unless you lock the interest rate. All other estimated closing costs expire on December 17, 20180LOAN TERM:30 YEARSPURPOSE:PURCHASEPRODUCT:FIXED RATELOAN TYPE:CONVENTIONALLOAD ID#:0000413-7875RATE LOCK:YESBefore closing, your interest rates, points, and lender credits can change unless you lock the interest rate. All other estimated closing costs expire on December 17, 20180521Loan EstimateDATE ISSUED 2/15/2013APPLICANTS Muscle Man 323 King Terrace, Apt 4Kingston, Florida 30303 PROPERTY 762 Filler Street Kingston, Florida 30303-123825213995002181225372808500199072529667200017907005671820$31,557.8200$31,557.8218288005290820$00$174307510236200017430757188206%$80000.00006%$80000.001743075423545$80000.0000$80000.00-12382523050500SALE PRICE$100,000Closing Cost Details5553075356236$117.0000$117.00198120055626000Loan CostsOther CostsA. Origination Charges . % of Loan Amount (Points) $405Application Fee $300 E. Taxes and Other Government Fees $85Recording Fees and Other Taxes $85Transfer Taxes Loan CostsOther CostsA. Origination Charges . % of Loan Amount (Points) $405Application Fee $300 E. Taxes and Other Government Fees $85Recording Fees and Other Taxes $85Transfer Taxes $1,802F. Prepaids -818511-33655$105.1800$105.18$867 305752522288500Underwriting Fee $1,097Homeowner’s Insurance Premium ( months) $605Mortgage Insurance Premium ( months) Prepaid Interest ( per day for 15 days @ )Property Taxes ( months) $262G. Initial Escrow Payment at Closing $4132141855-191770$20,000$00$20,000$B. Services You Cannot Shop For -70040543815$500.0000$500.00$672Appraisal Fee $405Credit Report Fee $30Flood Determination Fee $20Flood Monitoring Fee $32Tax Monitoring Fee $75H. Other $1,017Title – Owner’s Title Policy (optional) $1,017218948031115$21,122.1800$21,122.18I. TOTAL OTHER COSTS (E + F + G + H) $2,382555434553975$400.0000$400.00Tax Status Research Fee $110C. Services You Can Shop For $5,830Pest Inspection Fee Survey Fee $350Title – Insurance Binder $80Title – Lender’s Title Policy $400Title – Settlement Agent Fee $5,000Title – Title Search D. TOTAL LOAN COSTS (A + B + C) J. TOTAL CLOSING COSTS $34645602086229D + I $8,054Lender Credits 3456940-52538 Calculating Cash to Close Total Closing Costs (J) $ Closing Costs Financed (Paid from your Loan Amount) $0 Down Payment/Funds from Borrower $0 Deposit Funds for Borrower $0 Seller Credits $0 Adjustments and Other Credits $0 Estimated Cash to Close $31,557.82LOAN ESTIMATEAdditional Information About This LoanLENDER NMLS/__ LICENSE ID LOAN OFFICER NMLS/__ LICENSE ID EMAIL PHONE OwnIt BankJoe Smith 12345joesmith@123-456-7890MORTGAGE BROKER NMLS/__ LICENSE ID LOAN OFFICER NMLS/__ LICENSE ID EMAIL PHONE ComparisonsUse these measures to compare this loan with other loans.0-316629In 5 Years $56,582 Total you will have paid in principal, interest, mortgage insurance, and loan costs. $15,773 Principal you will have paid off.Annual Percentage Rate (APR)4.274% Your costs over the loan term expressed as a rate. This is not your interest rate. Total Interest Percentage (TIP)69.45% The total amount of interest that you will pay over the loan term as a percentage of your loan amount.Other ConsiderationsOther ConsiderationsAppraisal AssumptionHomeowner’s InsuranceLate PaymentRefinanceServicing We may order an appraisal to determine the property’s value and charge you for this appraisal. We will promptly give you a copy of any appraisal, even if your loan does not close. You can pay for an additional appraisal for your own use at your own cost.If you sell or transfer this property to another person, we will allow, under certain conditions, this person to assume this loan on the original terms. x will not allow assumption of this loan on the original terms.This loan requires homeowner’s insurance on the property, which you may obtain from a company of your choice that we find acceptable.If your payment is more than 15 days late, we will charge a late fee of 5% of the monthly principal and interest payment.Refinancing this loan will depend on your future financial situation, the property value, and market conditions. You may not be able to refinance this loan.We intend to service your loan. If so, you will make your payments to us. x to transfer servicing of your loan.Confirm ReceiptConfirm ReceiptBy signing, you are only confirming that you have received this form. You do not have to accept this loan because you have signed or received this form.Applicant Signature DateCo-Applicant Signature DateLOAN ESTIMATEClosing AffidavitPURCHASER/BORROWERThe undersigned purchaser(s)/borrower(s) each being duly and severally sworn, deposes and says: That (we) have not been known by any other name for the last ten years except for__________________________________ and that there are no liens, judgements or environmental control board liens against either name.That I (we) have read the judgement, bankruptcy, Federal Tax Lien, and Warrant returns which constitute objection(s)# ______________________ in the report of the title company numbered above. I am (it is) not the party mentioned in said returns, and that none of the said liens affect (me) (it) or affect me (it) in any way, and that I have never resided, worked or done business at any of the addresses stated in said report.MORTGAGE PAYOFF SECTIONI am (we are) aware of the payoff letter(s) from OWNIT BANK; dated MARCH 25TH, 2018 respectively showing the prior principal balance, unpaid interest and per diem, required to satisfy the existing mortgage(s) and that the same is/are correct in all respects.In consideration of your omitting the existing mortgage from your title policy to be issued, I hereby request you to fully pay off the existing mortgage totaling $80,000.00, to be transmitted promptly to the holder of the mortgage(s) in satisfaction of my existing mortgage indebtedness, and do hereby agree to pay you, on demand, any additional monies required by the holder of said mortgage to enable you to obtain a satisfaction thereof in recordable form. I further state that the lender has the right to deduct any shortages from the tax escrow account. If the mortgage(s) being paid off is an equity source/credit line mortgage, I (we) hereby consent to have the account frozen, and request that the holder of the mortgage(s) accept the payoff check as full settlement and close the account upon receipt of the proper payoff amount and issue a satisfaction(s) of mortgage within the required time period. Closing AffidavitThis affidavit is made to induce the title company to issue its policy of title insurance numbered above covering said premises knowing that they will rely on the truth of the statements herein made. ____________________________________________________________SellerSocial Security or Federal Tax ID #____________________________________________________________SellerSocial Security or Federal Tax ID #____________________________________________________________Purchaser/BorrowerSocial Security or Federal Tax ID #____________________________________________________________Purchaser/BorrowerSocial Security or Federal Tax ID #Sworn to before meFORWARDING ADDRESSThis 25th day of March 2018Gold & Associates300 Orange Street_______________________________Bridgetown, Florida 30303NOTE ______MARCH 25TH______, _2018_ ________KINGSTON_______, __FLORIDA___ [Date] [City] [State] _______762 FILLER STREET, KINGSTON, FLORIDA 30303__________________________________________________ [Property Address] 1. BORROWER’S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $__80,000.00_____ (this amount is called “Principal”), plus interest, to the order of the Lender. The Lender is OWNIT BANK_______________________________________ _________________________________________________________________________________. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Note Holder.” 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of ____6%________%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the __25TH ___ day of each month beginning on __APRIL 25TH __, __2018_. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on ___MARCH 25TH ________, 2048____, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.” I will make my monthly payments at __________OWNIT BANK________________________________ ______________________________ or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $_______________________________. 4. BORROWER’S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ___30____ calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be _6__% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default (C) Notice of Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. __________________________________________________________(Seal) Borrower __________________________________________________________(Seal) Borrower __________________________________________________________(Seal) Borrower [Sign Original Only] After Recording Return To: Gold & Associates, P.C.300 Orange StreetBridgetown, Florida 30333 [Space Above This Line For Recording Data] SECURITY DEED DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. Security Instrument means this document, which is dated MARCH 25TH , 2018, together with all Riders to this document. Borrower is MUSCLE MAN . Borrower is the grantor under this Security Instrument. Lender is OWNIT BANK . Lender is a BANK organized and existing under the laws of WASHINGTON . Lender s address is 180 REDTAIL DRIVE, STERLING PARK, WA . Lender is the grantee under this Security Instrument. Note means the promissory note signed by Borrower and dated MARCH 25TH, 2018, . The Note states that Borrower owes Lender EIGTHY THOUSAND DOLLARS Dollars (U.S. $80,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 25TH, 2048 . Property means the property that is described below under the heading Transfer of Rights in the Property. Loan means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. Riders means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rater RiderBalloon Rider1-4 Family RiderCondominium RiderPlanned Unit Development RiderBiweekly Payment RiderSecond Home RiderOther(s) [specify]____Applicable Law means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. Community Association Dues, Fees, and Assessments means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. Electronic Funds Transfer means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. Escrow Items means those items that are described in Section 3. Miscellaneous Proceeds means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. Mortgage Insurance means insurance protecting Lender against the nonpayment of, or default on, the Loan. Periodic Payment means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. RESPA means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, RESPA refers to all requirements and restrictions that are imposed in regard to a federally related mortgage loan even if the Loan does not qualify as a federally related mortgage loan under RESPA. Successor in Interest of Borrower means any party that has taken title to the Property, whether or not that party has assumed Borrower s obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby grant and convey to Lender and Lender s successors and assigns, with power of sale, the following described property located in the __________________________________________________[Type of Recording Jurisdiction] of __________________________: [Name of Recording Jurisdiction] which currently has the address of 762 FILLER STREET [Street] KINGSTON , Florida 30303 ( Property Address ): [City] [Zip Code] TO HAVE AND TO HOLD this property unto Lender and Lender s successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the Property. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer s check or cashier s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the Funds ) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called Escrow Items. At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase covenant and agreement is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender s opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term extended coverage, and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender s right to disapprove Borrower s choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender s option and Borrower s expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower s equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender s right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower s rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower s principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower s principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower s control. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower s obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. Borrower s Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower s knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower s occupancy of the Property as Borrower s principal residence. Protection of Lender’s Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender s interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender s interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property (as set forth below). Lender s actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, making repairs, replacing doors and windows, draining water from pipes, and eliminating building or other code violations or dangerous conditions. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender s requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower s obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower s payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer s risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer s risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed captive reinsurance. Further: Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender s satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender s security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Opposing Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender s judgment, could result in forfeiture of the Property or other material impairment of Lender s interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender s judgment, precludes forfeiture of the Property or other material impairment of Lender s interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower s obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a co-signer ): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the cosigner s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower s rights and benefits under this Security Instrument. Borrower shall not be released from Borrower s obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower s default, for the purpose of protecting Lender s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower s notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower s change of address. If Lender specifies a procedure for reporting Borrower s change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender s address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word may gives sole discretion without any obligation to take any action. Borrower s Copy. Borrower shall be given one copy of the Note and of this Security Instrument. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, Interest in the Property means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower s Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower s right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender s interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender s interest in the Property and rights under this Security Instrument, and Borrower s obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer s check or cashier s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the Loan Servicer ) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. Hazardous Substances. As used in this Section 21: (a) Hazardous Substances are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) Environmental Law means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) Environmental Cleanup includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an Environmental Condition means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale granted by Borrower and any other remedies permitted by Applicable Law. Borrower appoints Lender the agent and attorney-in-fact for Borrower to exercise the power of sale. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give a copy of a notice of sale by public advertisement for the time and in the manner prescribed by Applicable Law. Lender, without further demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Lender determines. Lender or its designee may purchase the Property at any sale. Lender shall convey to the purchaser indefeasible title to the Property, and Borrower hereby appoints Lender Borrower’s agent and attorney-in-fact to make such conveyance. The recitals in the Lender s deed shall be prima facie evidence of the truth of the statements made therein. Borrower covenants and agrees that Lender shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The power and agency granted are coupled with an interest, are irrevocable by death or otherwise and are cumulative to the remedies for collection of debt as provided by Applicable Law. If the Property is sold pursuant to this Section 22, Borrower, or any person holding possession of the Property through Borrower, shall immediately surrender possession of the Property to the purchaser at the sale. If possession is not surrendered, Borrower or such person shall be a tenant holding over and may be dispossessed in accordance with Applicable Law. Release. Upon payment of all sums secured by this Security Instrument, Lender shall cancel this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. Waiver of Homestead. Borrower waives all rights of homestead exemption in the Property. Assumption Not a Novation. Lender s acceptance of an assumption of the obligations of this Security Instrument and the Note, and any release of Borrower in connection therewith, shall not constitute a novation. Security Deed. This conveyance is to be construed under the existing laws of the State of Georgia as a deed passing title, and not as a mortgage, and is intended to secure the payment of all sums secured hereby. BORROWER ACCEPTS AND AGREES to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. IN WITNESS WHEREOF, Borrower has signed and sealed this Security Instrument. Signed, sealed and delivered in the presence of: ________________________________ ______________________________(Seal)Unofficial Witness-Borrower (Seal) - Borrower Notary Public, County [Space Below This Line For Acknowledgment] STATE OF FLORIDA )SS:COUNTY OF FULTON)AFFIDAVIT OF NO MATERIAL CHANGEThe undersigned, being duly sworn, state:That the undersigned have received from OWNIT BANK a loan commitment letter dated March 25th, 2018, amended by letter dated July 13th, 2018 (“Commitment Letter”), to finance the property of 762 Filler Street located in Kingston, Florida, Fulton County;That no adverse change as taken place in the undersigned’s business or financial condition or in connection with the property serving as collateral for the loan;That the undersigned are making this affidavit with the knowledge that it will e relied upon by OWNIT BANK in making the loan set forth in the commitment letter._______________________________ (SEAL)_______________________________ (SEAL)Sworn to and subscribed before me this25th day of March, 2018_______________________________Notary PublicMy Comission Expires:_______________________________Notarial SealA. Settlement Statement (HUD-1)B. Type of Loan 9817102774951008444-48856209321-475481.FHA 4.VA2.RHS. 5.Conv. Ins.3. Conv. Unins.6. File Number:425-55-19437. Loan Number:0000413-78758. Mortgage Insurance Case Number:0000-12-3456C. Note:This form is furnished to give you a statement of actual sett“(p.o.c.)” were paid outside the closing; they are shown herlement costs. Amounts paid to and by the settlement agent are shown. Items marked e for informational purposes and are not included in the totals.D. Name & Address of Borrower:Muscle Man323 Terrace, Apt. 4, Kingston, Florida 30303E. Name & Address of Seller:Michael Reed762 Filler StreetKingston, Florida 30303F. Name & Address of Lender:OwnIt Bank180 Redtail DriveSterling Park, WA 42137G. Property Location:762 Filler Street Kingston, Florida 30303H. Settlement Agent:Damon KingI. Settlement Date:March 25th 2018Place of Settlement:Bridgetown, FloridaJ. Summary of Borrower’s TransactionK. Summary of Seller’s Transaction595312511095990$2,273.3600$2,273.36590613510901680$100,000.0000$100,000.00241046011091545$80,000.0000$80,000.00240093510905490$111,557.8200$111,557.82241046010754360$20,000.0000$20,000.00241046010563225$91,557.8200$91,557.8224104609010650$1,040.0000$1,040.0024104609182100$1,233.3600$1,233.3624104607576820$80,000.0000$80,000.0023964907409815$9,284.4600$9,284.4623488657129780$107,202.1800$107,202.1824060155057775$100,000.0000$100,000.00595376011344275$97,726.6400$97,726.6424009355395595$7,202.1800$7,202.18245808511344275$31,557.8200$31,557.8241825456549710755060653999059061359248775$1,233.3600$1,233.3659061359077325$1,040.0000$1,040.0059061357148830$100,000.0000$100,000.0059061355086350$100,000.0000$100,000.00The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process.Previous edition are obsoletePage 1 of 3HUD-1L. Settlement Charges 700. Total Real Estate Broker Fees $5,000.00 Paid FromPaid FromDivision of commission (line 700) as follows :Borrower’s Funds atSettlementSeller’sFunds atSettlement701. $ 5,000.00 to Damon King702. $to703. Commission paid at settlement$5,000.00704. 800. Items Payable in Connection with Loan801. Our origination charge $(from GFE #1)802. Your credit or charge (points) for the specific interest rate chosen $(from GFE #2)803. Your adjusted origination charges(from GFE #A)804. Appraisal fee to OwnIt Bank(from GFE #3)$500.00805. Credit report to(from GFE #3)806. Tax service to (from GFE #3)807. Flood certification to (from GFE #3)808. 809. 810. 811. 900. Items Required by Lender to be Paid in Advance901. Daily interest charges from OwnIt Bank to @ $ /day(from GFE #10)$105.18902. Mortgage insurance premium for 360 months toOwnIt Bank(from GFE #3)903. Homeowner’s insurance for years to(from GFE #11)904. 1000. Reserves Deposited with Lender1001. Initial deposit for your escrow account (from GFE #9)1002. Homeowner’s insurance months @ $ per month $1003. Mortgage insurance months @ $ per month $1004. Property Taxes months @ $ per month $1005. months @ $ per month $1006. months @ $ per month $1007. Aggregate Adjustment -$1100. Title Charges1101. Title services and lender’s title insurance(from GFE #4)$400.001102. Settlement or closing fee$1103. Owner’s title insurance(from GFE #5)$80.001104. Lender’s title insurance$80.001105. Lender’s title policy limit $1106. Owner’s title policy limit $1107. Agent’s portion of the total title insurance premium to$1108. Underwriter’s portion of the total title insurance premium to$1109. 1110.1111. 1200. Government Recording and Transfer Charges1201. Government recording charges(from GFE #7)$17.001202. Deed $ Mortgage $ Release $ 1203. Transfer taxes(from GFE #8)$100.001204. City/County tax/stamps Deed $ Mortgage $ 1205. State tax/stamps Deed $ Mortgage $ 1206. 1300. Additional Settlement Charges1301. Required services that you can shop for(from GFE #6)$1,000.001302. Survey$ 350.001303. Attorney’s Fees$ 650.001304. 1305. 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K)Previous edition are obsoletePage 2 of 3HUD-1Comparison of Good Faith Estimate (GFE) and HUD-1 Charrges Good Faith EstimateHUD-1Charges That Cannot Increase HUD-1 Line NumberOur origination charge# 801Your credit or charge (points) for the specific interest rate chosen# 802Your adjusted origination charges# 803Transfer taxes # 1203$100.00$100.0045669454418550$80.0050.0000$80.0050.0045418794275999$100.0050.0000$100.0050.0045425144101848$500.0050.0000$500.0050.0045595373915319$50.0000$50.002482854256735Transfer Taxes50.0000Transfer Taxes50.001898654390390Title Services and lender’s title insurance50.0000Title Services and lender’s title insurance50.003154434046074Appraisal50.0000Appraisal50.00% $ or Charges That In Total Cannot Increase More Than 10%Good Faith EstimateGood Faith EstimateTotalIncrease between GFE and HUD-1 ChargesHUD-1HUD-1Government recording chargesCharges That Can ChangeDaily interest chargesInitial deposit for your escrow account Homeowner’s insurance# 1001# # 1201# 901# # 903# # # # # # # # $ /day% $ or Charges That In Total Cannot Increase More Than 10%Good Faith EstimateGood Faith EstimateTotalIncrease between GFE and HUD-1 ChargesHUD-1HUD-1Government recording chargesCharges That Can ChangeDaily interest chargesInitial deposit for your escrow account Homeowner’s insurance# 1001# # 1201# 901# # 903# # # # # # # # $ /dayLoan TermsYour initial loan amount is175168-48260$80,000.0050.0000$80,000.0050.00$Your loan term is30 yearsYour initial interest rate is6 %Your initial monthly amount owed for principal, interest, and any mortgage insurance is$includes74778-54017PrincipalInterest52435-36425Mortgage InsuranceCan your interest rate rise?-5885-43100NoNo Yes, it can rise to a maximum of %. The first change will be onand can change again every after . Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %.Even if you make payments on time, can your loan balance rise?-141651470NoNo Yes, it can rise to a maximum of $Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise?-62405-14495NoNo Yes, the first increase can be on and the monthly amount owed can rise to $ . The maximum it can ever rise to is $ .Does your loan have a prepayment penalty?-43685-45475NoNo Yes, your maximum prepayment penalty is $Does your loan have a balloon payment?11035-10080NoNo Yes, you have a balloon payment of $ due in years on .Total monthly amount owed including escrow account payments21835-1798574778-329211998599785186You do not have a monthly escrow payment for items, such as property taxes and homeowner’s insurance. You must pay these items directly yourself. You have an additional monthly escrow payment of $ 1990315266230that results in a total initial monthly amount owed of $ . This includes principal, interest, any mortagage insurance and any items checked below:76915-71805Property taxes Homeowner’s insuranceFlood insuranceNote: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender.Previous edition are obsolete1%20Settlement%20Statement.pdfPage 3 of 3HUD-1Angeline O’BaraReal Property LawDecember 16, 2018Portfolio Project ReflectionIn Real Property Law, we were assigned a portfolio project in which we had to piece together a closing package for a residential home. Piecing together and researching these various documents have given me an inside look into how the closing process is conducted when purchasing a home. I have learned a lot of valuable information about different types of loans and all the processes that pertain to obtaining a loan. In my future, this class will help to prepare myself in my own home buying experience and provide knowledge of this area of law for a law firm I will work at. This class has helped to strengthen my work process as far as getting an early start on different parts of the project. I have practiced giving myself more time to conduct extra research in order to double check everything before final submission. If I were to complete similar projects in the future, I would find better examples of the documents involved in a closing package in my surrounding area for a more precise package. For another student to begin this project, I would tell them to allow as much time as possible for your research. The terminology in real property law is hard at first; it is important to understand definitions. I have fulfilled two program studies through the completion of this class. The first is distinguish appropriate legal terminology and utilize terms correctly in legal documents. I have achieved this outcome through the completion of the portfolio project. While putting the package together, many legal terms were utilized within these legal documents. I have written memos explaining the parts of the closing process which helped in distinguishing the legal terminology as well. The other outcome is design and compose legal documents, including but not limited to correspondence, pleadings, briefs, and memoranda, that are relevant to different substantive areas or law. This outcome was achieved through the portfolio which consisted of writing predictive memorandums and all the legal documents needed for a closing real estate package such as warranty deed, security deed, loan estimate, seller and buyer affidavits etc. In conclusion, real property law has provided me with a lot of valuable information that I will be able to apply in my personal and professional life in the future. The portfolio project has taught me to make sure I have a full understanding of legal terms in order to produce accurate work. ................
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