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109 (v) If Buyer fails to timely deliver either notice provided in Paragraph 8(b)(iii) or (iv), above, to Seller prior to <br />110 expiration of the Loan Approval Period, then Loan Approval shall be deemed waived, in which event this Contract <br />111 will continue as if Loan Approval had been obtained, provided however, Seller may elect to terminate this Contract <br />112 by delivering written notice to Buyer within 3 days after expiration of the Loan Approval Period, <br />113 (vi) If this Contract is timely terminated as provided by Paragraph 8(b)(iv)(2) or (v), above, and Buyer is not in <br />114 default under the terms of this Contract, Buyer shall be refunded the Deposit thereby releasing Buyer and Seller <br />115 from all further obligations under this Contract. <br />116 (vii) If Loan Approval has been obtained, or deemed to have been obtained, as provided above, and Buyer <br />117 fails to close this Contract, then the Deposit shall be paid to Seller unless failure to close is due to: (1) Seller's <br />118 default or inability to satisfy other contingencies of this Contract; (2) Property related conditions of the Loan Approval <br />119 have not been met (except when such conditions are waived by other provisions of this Contract); or (3) appraisal <br />120 of the Property obtained by Buyer's lender is insufficient to meet terms of the Loan Approval, in which event(s) the <br />121 Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all further obligations under this <br />122 Contract. <br />123* © (c) Assumption of existing mortgage (see rider for terms). <br />124* CEJ (d) Purchase money note XKtf>f WKJ to Seller (see riders; addenda; or special clauses for terms). <br />125 CLOSING COSTS, FEES AND CHARGES <br />126 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: <br />127 (a) COSTS TO BE PAID BY SELLER: <br />128 • Documentary stamp taxes and surtax on deed, if any • HOA/Condominium Association estoppel fees <br />129 • Owner's Policy and Charges (if Paragraph 9(c)(i) is checked) • Recording and other fees needed to cure title <br />130 • Title search charges (if Paragraph 9(c)(iii) is checked) • Seller's attorneys' fees <br />131* • Municipal lien search (if Paragraph 9(c)(i) or (iii) is checked) • Other: <br />132 <br />133 <br />134 <br />135 <br />136 (b) COSTS TO BE PAID BY BUYER: <br />137 • Taxes and recording fees on notes and mortgages • Loan expenses <br />138 • Recording fees for deed and financing statements • Appraisal fees <br />139 • Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) • Buyer's Inspections <br />140 • Survey (and elevation certification, if required) • Buyer's attorneys' fees <br />141 • Lender's title policy and endorsements • All property related insurance <br />142 • HOA/Condominium Association application/transfer fees • Owner's Policy Premium (if Paragraph <br />143 • Municipal lien search (if Paragraph 9(c)(ii) is checked) 9 (c)(iii) is checked.) <br />144* • Other: <br />145* (c) TITLE EVIDENCE AND INSURANCE: At least (if left blank, then 15, or if Paragraph 8(a) is checked, <br />146 then 5) days prior to Closing Date ("Title Evidence Deadline"), a title insurance commitment issued by a Florida <br />147 licensed title insurer, with legible copies of instruments listed as exceptions attached thereto ("Title <br />148 Commitment") and, after Closing, an owner's policy of title insurance (see STANDARD A for terms) shall be <br />149 obtained and delivered to Buyer. Pf4ic�S>df�S�iYcX�tzt<itqr41W�Y�ft4��aYr��ft4Lo4@f2kjx, <br />150 cX�SiK�rkt4Y�i1KS�f�tK�t?h414btf14�tx'c�tL. The owner's title policy <br />151 premium, title search and closing services (collectively, "Owner's Policy and Charges") shall be paid, as set <br />152 forth below. The title insurance premium charges for the owner's policy and any lender's policy will be calculated <br />153 and allocated in accordance with Florida law, but may be reported differently on certain federally mandated <br />154 closing disclosures and other closing documents. For purposes of this Contract "municipal lien search" means a <br />155 search of records necessary for the owner's policy of title insurance to be issued without exception for unrecorded <br />156 liens imposed pursuant to Chapters 159 or 170, F.S., in favor of any governmental body, authority or agency. <br />157 (CHECK ONE): <br />158* ❑ (i) Seller shall designate Closing Agent and pay for Owner's Policy and Charges, and Buyer shall pay the <br />159 premium for Buyer's lender's policy and charges for closing services related to the lender's policy, <br />160 endorsements and loan closing, which amounts shall be paid by Buyer to Closing Agent or such other <br />161 provider(s) as Buyer may select; or <br />162* [� (ii) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for closing <br />163 services related to Buyer's lender's policy, endorsements and loan closing; or <br />DS <br />Buyer's Initials Page 3 of 12 Seller's Initial <br />Florida Rea Ito rs/FloridaBar-ASIS-5x Rev.6/19 © 2017 Florida Realtors® and The Florida Bar. 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