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201802569 <br />3. Prorations: Taxes, insurance, interest, rents and other expenses, and revenue of said property <br />shall be prorated as of the date of closing. <br />4. Restrictions, Easements, Limitations: Buyer shall take title subject to: (a) Zoning, restric- <br />tions, prohibitions and requirements imposed by governmental authority, (b) Restrictions and <br />matters appearing on the plat or common to the subdivision, (c) Public utility easements of re- <br />cord, provided said easements are located on the side or rear lines of the property, (d) Taxes for <br />year of closing, assumerr ortg4ges, and purchase money mortgages, if any, (e) Other restric- <br />tions, if any: 1 v / P . Seller warrants <br />that there shall be no violations of building or zoning codes at the time of closing. <br />5. Default by Buyer: If Buyer fails to perform any of the covenants of this contract, all money <br />paid pursuant to this contract by Buyer as aforesaid shall be retained by or for the account of the <br />Seller as consideration for the execution of this contract and as agreed liquidated damages and <br />in full settlement of any claims for damages. <br />6. Default by Seller: If the Seller fails to perform any of the covenants of this contract, the <br />aforesaid money paid by the Buyer, at the option of the Buyer, shall be returned to the Buyer on <br />demand; or the Buyer shall have only the right of specific performance. <br />7. Termite Inspection: At least 15 days before closing, Buyer, at Buyer's expense, shall have the <br />right to obtain a written report from a licensed exterminator stating there is no evidence of live <br />termite or other wood- boring insect infestation on said property nor substantial damage from <br />prior infestation on said property. If there is such evidence, Seller shall pay up to three percent <br />(3 %) of the purchase price for the treatment required to remedy such infestation, including re- <br />pairing and replacing portions of said improvements, which have been damaged; but if the costs <br />for such treatment or repairs exceed three percent (3 %) of the purchase price, Buyer may elect <br />to pay such excess. If Buyer elects not to pay, Seller may pay the excess or cancel the contract. <br />8. Roof Inspection: At least 15 days before closing, Buyer, at Buyer's expense, shall have the <br />right to obtain a written report from a licensed roofer stating that the roof is in watertight condi- <br />tion. In the event repairs are required either to correct leaks or to replace damage to fascia or <br />soffit, Seller shall pay up to three percent (3 %) of the purchase price for said repairs which shall <br />be performed by a licensed roofing contractor; but if the costs for such repairs exceed three per- <br />cent (3 %) of the purchase price, Buyer may elect to pay such excess. If Buyer elects not to pay, <br />Seller may pay the excess or cancel the contract. <br />9. Other Inspections: At least 15 days before closing, Buyer or his or her agent may inspect <br />all appliances, air conditioning and heating systems, electrical systems, plumbing, machinery, <br />sprinklers and pool systems included in the sale. Seller shall pay for repairs necessary to place <br />such items in working order at the time of closing. Within 48 hours before closing, Buyer shall be <br />entitled, upon reasonable notice to Seller, to inspect the premises to determine that said items <br />are in working order. All items of personal property included in the sale shall be transferred by <br />Bill of Sale with warranty of title. <br />SmaAL.egadForms LF120 Agreement to Sell Real Estate 8 -16, Pg. 2 of 6 <br />