1978-14
.
e Reueipt for Deposit. Offer to PUl'tlbilSe ilni e;~t;~rf;~ '^S;I~ ,"M.m>."'"
Date_k . .30 - 7K
RECEIPT is hereby acknowledged by HOVIS AND BAIRD TRUST ACCOUNT ~t'Of,
~i~~~~~~~YK~~x~~~~~~~ 1 Westgate Plaza Drive, Clermont, Florida 3?7l1
(Address) ( ) cash ( X) check in the sum of
FIFTEEN THOUSAND FIVE HUNDRED AND No/100----------------------DOLLARS ($ 15.500.00 )
from~.ITY-~CLERMONT hereinafter called Buyer,
c; an earnest money deposit and as a part of the purchase price on account of offer to purchase the property of
~reinafter called Seller,_ROBERT A. Po.OL.-arut DANIEL .J ~E.oDL
said property being situated in the County of______Lake , and State of Florida, to wit:
Blocks A, B. C, D. and E, Crestview Subdivision, Clermont, Florida,
according to the Plat thereof recorded in Plat Book 5, Page 60,
Public Records of Lake County, Florida, and a strip between Lot
6 and Lake Shore (less highway) in Block 52, Clermont, Florida,
according to the Plat thereof recorded in Plat Book 8, Pages 17 to
23, inclusive, Public Records of Lake County, Florida.
upon the terms and conditions as follows: the total purchase price being $-15~500--00-
be paid as follows: The deferred payments shall be
Cash Deposit (above) ........................ $ 15.~g~.00
Cash on Closing .................................. $ -0-
Existing Mortgage or Liens assumed .. $
-0-
Deferred Payments ............................. $
Total.................................. $ 15,500.00
.and shall
payable as follows:
1. Abstract-Title Insurance-The Seller is to furnish, at his cost. abstract of title, certified to date, or title insurance binder
(with cost of title insurance policy being paid for by Seller), showing good .and merchantable title, at option of the Seller, to the Buyer
or his designated attorney, within 15 days after this date.
2. ~t~~mlnation of Title-Time to Cure Defects-The Buyer or the attorney shall have 15 days within which to examine
the said ati~tr:ct of title or the title insurance binder and to signify his willingness to accept same, whereupon this transaction shall be
concluded ;~Ahin 15 days.
In the event examination of abstract of title proves the title to be unmerchantable or uninsurable, the Seller shall have days
within which to cure the designated defects in the title that render same unmerchantable or uninsurable in the opinion of the Buyer
cr his said attorrey,:.and ~he,SeUer hereby agrees to use reasonable diligence in curing said defects, an\~'lupon the defects being cured
and notice of that fact being given to the Buyer or his 'Said attorney, this transaction shall be closed Within days of delivery
of said notice. Upon Seller's failure o~'inability to correct the unmerchantability of the title within the time limit or a. reasonable time,
at the option of the Buyer, the Seller shall deliver the title in its existing condition, otherwise the Agent, or the Seller, holding the herein
mentioned earnest m0ney deposit shall return same to the Buyer upon demand therefor and all rights and liabilities on the part of the
Buyer arising hereunder shall terminate. Provided, however, that in the event of a disagreement between.the Seller and the Buyer or
his said attorney, as to the marketability of the title, the Seller may offer the binder of a reputable and solvent title insurance company,
agreeing to insure the marketability of said title, which shall be conclusive that said title is merchantable. Upon return of said deposit
under such conditions, the Seller shall pay the Agent the fee specified hereunder or at the option of the Agent, an agreed sum not
exceeding the regular fee, to cover expenses incurred.
3. Zoning-Restrictions-It is understood and agreed above mentioned property is being sold subject to the zoning ordinances,
restrictions and limitations of record and public utility easements of record, if any, which do not interfere with use of said property
for purposes.
4. Conveyance-Seller agrees to convey title by Warranty deed to Buyer,
free and clear of all liens and encumbrances, including all charges assessed or to be assessed for public improvements commenced
prior to closing, except as herein otherwise provided, and said deed shall be prepared without expense to the Buyer.
5. Documentary Stamps-The Buyer shall properly execute the required notes and mortgages, if any, and shall pay for the
documentary stamps on the purchase money note and for recording the deed. Seller shall pay for the documentary stamps on the
deed, and for the intangible tax and recording the purchase money mortgage, if any.
6. Closing Cost5-1f this transaction shall be closed through an abstract office, bank, law office, or any other agency than the
office of the Agent, and where a closing or escrow charge is made, such expense shall be borne by the--12.aI.tLr-eques tin!;-.
. 7. Proration of Taxes, etc.-All adjustments of taxes, insurance premiums, interests, rents or other items on said property are
to be made on a pro rata basis as of the specified time or date of closing. (If taxes and 'other items are not to be prorated, specify
agreement as to such item5.)
Possession will be given Buyer on Closing
8. Survey-If the Buyer desires a survey of the property, he may have the property surveyed at his expense prior to closing
date. If the survey shows any encroachments on the land herein described or that the improvements located on the land herein de-
scribed encroach on other lands, written notice to that effect shall be given the Seller and Seller shall have the same time to remove
such encroachments as is allowed under this contract for the curing of defects of title. If the Seller shall fail to remove or cure said
encroachments within said period of time, then the deposit this day paid shall, at the option of the Buyer be returned to Buyer upon
demand, all rights and liabilities arising hereunder shall terminate, or Buyer may, at his option, close this transaction in the 5ame
manner as if no such defect had been found.
e
9. Termite Clause-Prior to closing, at Buyer's expense, the Buyer shall have the right to have the property inspected by a
censed exterminating company to determine whether there is any active termite or wood destroying organism in any improvements
on said property, or any damage from prior termite or wood destroying organism to said improvements. If there is any such infesta-
tion or damage, the Seller shall pay all costs of treatment and repairing and/or replacing all portions of said improvements which are
infested or have been damaged; PROVIDED, HOWEVER, In the event the costs to be incurred are more than three percent (3%) of
the purchase price, the Seller may offer to convey said property in its present condition with the purchase price reduced by the esti-
mated costs to be incurred, if such offer is accepted and agreed to, in writing, by the Buyer; or, Seller may declare this agreement
null and void and all monies deposited will be refunded. In the event the Buyer refuses to accept said property in it5 present condition
with the purchase price reduced by the estimated costs to be incurred, then th~ Buyer shall so notify the Broker and Seller, in writing,
within days. and this agreement will be considered nu II and void and all monies deposited will be refunded, otherwise,
the same shall be in full force and effect. In the event Seller .elects not to convey the property for the purchase price reduced by the
estimated costs of treatment, repairs and/or replacements, the Broker shall, nevertheless, be entitled to the fee for professional
services rendered which would otherwise have been due if said sale had been completed.
10. Loss or Damage-The risk of loss or damage to premise s by fire or otherwise. until delivery of deed, is assumed by the
Seller. The Seller further agrees to deliver the property in the sa me condition as it is when this contract is executed.
COPYRIGHT BY THE FLORIDA ASSOCIATION OF REALTORS
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11. Employmel"!t of Agent-fee-Disposition of Deposlt- Th e Seller aCknowledges. that -he-has employed the Agent to find a
purchaser and agrees to pay to sail:.! .Agent for his services, out of the first mo~~y._recel"ea, the fee applicable on the sale of this type
of property, or such sum as may have Iicr1!totore' been.ag!!~~d to in _w.riting~-If the said Buyer fails to perform the covenants herein
contained within the time specified, and the Seller elects 1.1.0l-:to"Te-q~_L~ecific performance thereof, or sue for damages, the
aforesaid deposit or deposits made by the Buyer may be- forfeited as liquidateClO'am8ge6-(up..on ten days' notice to the Buyer or his
said attorney) and one-half thereof sh~lJ_.be 'retained by or paid to said Agent and the remamaer-nr r unless, because of
expense incurred, the latter .shan'agree or has agreed in writing to a greater percentage being paid to the Agen ; . d, however,
that the Agent's proportion' shall not exceed the full amount of the fee herein stipulated. As provided in the Termite Claus bo.l!..e,
in the event-Seller elects not to convey the property as provided in said clause, the Broker shall nonetheless be entitled to
_ the fee which would otherwise have be'en clue if said sale had been completed. .
12. Definitions-The words "Buyer", "Seller", and "Agent" herein employed shall be construed to include the plural as well
as the singular, and this contract shall be binding upon their heirs, administrators, executors, successors and assigns, and the mas-
culine shall include the feminine and neuter, where the context so admits or 'reguires. .
13. MakJ!1g Time of Essen~e and Notice-Time may be made the essence of this contract by notice in writing, stipulating a
___ reasonable time for further performance. Any notice necessary under this agreement may be sent by mall to the last known address
, f the party to !>e notified. . .
14. special Cla!o!ses: I'
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THIS INSTRl!MENT shall become effective as a contract when signed !>y Agent, Buyer, and Seller. If not ex!!cu~ed by all parties
on or before ' any moneys deposited shall be refunded and the proposed transaction sllall terminate.
By
Broker or Agent. ~y
I, or we, agr,ee to purchase the above described property on. the terms a~~ conclltions stated in the foregoing. instrument.
Witnesn: ' I '1 ()j}
". Vt!4/1/4LkL aA4J.f-
City Clerk
&~
, .
E!uyer
Mayor
(Seal)
(Seal)
r . I; or. we, agree to sell the above mentioned property to the a~o~amed Buyer or his nominee on the terms and conditions stated
In the above Instrument and by the signature attached on the_~.:d'l..:~:~:_.!fa.Y of ~~"-"W~~./ 19_Zcf.. signify our acceptance
.nd, ...~.,opo,.. ..I., '~--!2 '
wl;n....'ve~~ ~ - ' 1 t. : "'~f6?:!!t :; (,J-a:f
(Seal)
(Seal)
by the Buyer,
provid~
finding a ready, abl
Do
ceed the full amount 0
----- . Realtor,
~BUyer for the above describ~d property the sum of
) or one-half the deposit, in case the same is forfeited
(Seal)
(Sea!)
I, or we, agree
as a fee for professional services
Witnesses:
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. .,
ACKNOWLEDGMENT
. 'I -.' ~.
County of
} 55
State of
I HEREBY CERTIFY, That this day in the next above named State and County, before me, an officer duly authorized and acting
'sonally appeared
to me well known and known to me to be tile individual
knowledged then and t~ere !>efore me t~at
described in and who executed the foregoing instrumen~ and ac.
'execut!!d sa,icl instrument.
\~
~
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WITNESS my hand and officia! seal this
day of
, A. D. 19_, at
......
\~:~h.' .
'l?~t-) .
\1.~ti>'
Notary Public
My commission expires on the
, A. D. 19---.:....
day of
)