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HomeMy WebLinkAboutCentral Winds Park Contract for Sale -1989 03 27 r -t- - BETTER BUSINESS FORMS lB31l!f3[1J:' Oelande, FL - (40j! 291-9044 1125562 Cant. #1989-001 lLE AND PURCHASE PARTIES: ~ van den Ber ,("Seller"), of {"In M;:l1lry T.. Crtrt.er & Assoc. S. Delaney St., Orl. (Phone 422-3144 -), and Ci t.y nf wi nt,er Sprinqs ,("Buyer"), of wi ntpr Spri ngR. F1 32708 (Phone), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standard(s)") and any addendum to this instrument. I. DESCRIPTION: (a) Legal description of Real Property located in Sem i no 1 e County, Florida: T~t 10. R1Grk R & T.ot.s 1 & 2. Block C. D. R. Mitchell's Survey of the Levy Grant on T.;lkp ,TPRRl1P rlrrordi ng to the Plat thereof as r"ecorded in P. B. 1, Paqe 5 Public 'Rp{"nril~ nf Spmi nn1 p (;nunt.y. Florida,' i nrlllni ng rtny improvements thereon (b) Street address, city, zip, of the Property is: 1 ()4() () r;l n CfP ~vpn 11 P, l1n i n ('nrpr'l1'" i'I t pi! Spm i nn 1 P (:nl1n ry (c) Personalty: II. PURCHASEPRICE.See ..Add.end.Um..A.;~..pa.r. gr.a.J?h...I PAYMENT: a-a, (a) Deposit(s) to be held in escrow by 1ll'Jr.~ :x: r- Buyer (b) Subject to AND assumption of mortgage in good standing in favor of in the amount of $2,500.00 having an approximate present principal balance of $ (c) Purchase money mortgage and mortgage note bear"ng annual interest at % on terms set forth herein, in amount of . $ (d) Other: $ (e) Balance to close (U.S. cash, LOCALLY DR!\: to l~nts and prorations $ ~ p pAd d. A. Par T III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: this offer i ive ~ ~ ~I parties OR FACT OF EXECUTION communicated in writing between the parties on or before ~~)f)~JI~X~}g~xApril.5:L _ , t e deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. iV. FINANCING: (a) If the purchase price or any part of it is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned on the Buyer obtaining a written commitment for the loan within W / A days from Effective Date. at an initial interest rate not to exceed %; term of years; and in the principal amount of $ . Buyer will make application within days from Effective Date, and use reasonable diligence to obtain the loan com- mitent and, thereafter, to meet the terms and conditions of the commitiment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and, promptly notifies Seller in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive Buyer's rights under this subparagraph within the time stated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s). (b) The existing mortgage described in Paragraph lI(b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2) 0 a fixed interest rate of % per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller shall, within days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return them to the mortgagee. Any mortgagee charge(s) not to exceed $ shall be paid by (if not filled in, equally divided). If the Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or . Buyer may rescind this Contract by prompt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges. V. TITLE EVIDENCE: At least ~ days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check (1) or(2)):(1)DabstractoftitleOR(2)~titleinsurancecommitment. ann il a Par II & P TTT VI. CLOSING DATE: This transaction shall be closed and the deed ~~&her'tl't1s'l1'l~~~Ml!}elil1e't~d on' , u%fss exieiicied by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7'12 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other: pUbll<;: provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property form un i c i P &11 park and 0 t h l;;> t" / purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy Is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless othe~wise stated herein or in a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be attached. XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL, Chapter 161, F.S., (1987), as amended, shall apply and the CCCL Rider or equivalent may be attached to this Contract. XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could require Seller to provide additional cash at closing to meet withholding requirements, and the FIRPTA Rider or equivalent may be attached to this Contract. XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) ~ 'llay not assign Contract. XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) lXl is attached OR (2) 0 is not applicable THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. Approval does not constitute an opinion that any of the telms and 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. OPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORI SSOCIATION OF RE TORS, INC. ~f/f7 Date &,. 3 ))7k7 , Social Security or Tax I.D. # Date Date (Seller) , - ':1] +-. ~ ~tr BE~:;'~O,~~~(~~~)~~'_~~4~MB 1125562 _tit '\~-~--- Cont. #1989-002 CONTRACT FOR SALE AND PURCHAS PARTIES: William R. Swindle ,("Seller"), of "/0 Maury L. Carter & Assoc. Inc. 908 S. Delanev St. Or!. (Phone422-3144 -I, and ~i t.y of Wi nter Springs ,("Buyer"), of Winter springs. Fl 32708 (Phclne327-l800 ), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upOnthe'~ terms and conditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standard(s)") and any addendum to this instrument. I. DESCRIPTION: (a) Legal description of Real Property located in Seminole County, Florida: Lot g. Block B of D.R. Mitchell's Survey of the Levy Grant on Lake Jessup accord- i~q to the Plat thereof as Recorded in P.B. 1, Paqe 5 Public Records of Seminole c~~nty. Florid~ ;n~';ln;n% ~ny ~~~v~ t~~7~~~ (b) Street address, city, zip, of the Property is: 1 50 0 ~g~Avenue. 11n;nt""f"Il"'pol"';:!ren Seminole County (c) Personalty: II. PURCHASE PRICE. .See.. ,Addendum.. A.;... Pa.r ag.ra.ph...1.. ....... PAYMENT: ~ (a) Deposit(s) to be held in escrow by Bu er (b) Subject to AND assumption of mortgage in good standing in favor of .............................................. , having an approximate $ (c) Purchase money mortgage and mortgage note bearing annual interest at .. $ (d) Other: $ (e) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier' heck s 0 adjustments and prorations $ !=: e e Add. A . Pa r III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before JliIi~X>>)@{,xXXJQ~ ';April 5f 1989 , the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") wiil be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: (a) If the purchase price or any Rarjt of it is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned on the Buyer obtaining a written commitment for the loan within N _A days from Effective Date, at an initial interest rate not to exceed %; term of years; and in the principal amount of $ . Buyer will make application within days from Effeytive Date, and use reasonable diligence to obtain the loan com- mitent and, thereafter, to meet the terms and conditions of the commitiment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and, promptly notifies Seller in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive Buyer's rights under this subparagraph within the time stated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s). (b) The existing mortgage described in Paragraph lI(b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2) 0 a fixed interest rate of % per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller shall, within days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume a morlgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return them to the mortgagee. Any mortgagee charge(s) not to exceed $ shall be paid by (if not filled in, equally divided). If the Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may resciniJ this Contract by prompt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges. V. TITLE EVIDENCE: At least .3.0-- days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check (1) or(2)):(1) o abstract of title OR (2)lXtitleinsurance commitment. see Addendum A, Par. II & Par. III VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on , unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7'(, feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other: provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property forITm n i "i P n 1 p n r k & 0 t.11 e r pub lriili5bse(S): VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be attached. XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL. Chapter 161, F.S., (1987). as amended, shall apply and the CCCL Rider or equivalent may be attached to this Contract. XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could require Seller to provide additional cash at closing to meet withholding requirements, and the FIRPTA Rider or equivalent may be attached to this Contract. XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) IX 'llay not assign Contract. XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) 5a is attached OR (2) 0 is not applicable. in the amount of $ 2,500.00 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particulat transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons. C PYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC. ---------- p;/I/ Date ~71h Date. ~l~~~.~ (Seller) Social Security or Tax 1.0. # V' 2.,.C ~ -gc . (i I~ y'3,.2.lf-fcj Dab Date """" -