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05-1583 B Freeman Land Purchase
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05-1583 B Freeman Land Purchase
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Last modified
8/3/2005 2:55:07 PM
Creation date
7/5/2005 4:41:59 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
5/23/2005
Doc Number
05-1583
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<br />55 D <br />66 LN# in th mate amount of <br />57 $ currentiy payable at $ per mont' 9 principal, interest, 0 taxes <br />5B and insurance and having a 0 fixed D other (describe) <br />59 interest rate of % which D will D' ate upon assumption. Any variance in the mortgage will <br />60 be adjusted in the balance due at clos 0 adjustment to purchase price. Buyer will purchase Seller's escrow <br />61 account dollar for dollar er disapproves Buyer, or the interest rate upon transfer exceeds % or the <br />62 assurn Ii r ee exceeds $ , either party may elect to pay the excess, failing which this <br />63 <br /> <br />64 CLOSING <br /> <br />S5 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on or before <br />66 JulV 29, 2005 . unless extended by other provisions of this Contract. If on <br />67 Closing Date insurance underwriting is suspended, Buyer may postpone closing up to 5 days after the insurance suspension <br />SB is lifted. If this transaction does not close for any reason. Buyer will immediately return all Seller-provided mle evidence, <br />69 surveys, association documents and other items. <br /> <br />70 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be <br />71 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title binder effective <br />72 date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller Ii., 'nt'~1 ,..~C!hiA"'~ <br />73 .~r 111 "fr>.lhr n~ 1111 if fitiFl~ i.t Iii It i ~i~ f JHÎ1fh illliJ<1g) and brokerage fees to Broker as per Paragraph 17. In <br />74 addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. <br />75 (a) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure title; t:tI_ ..;"..... (if <br />76 a,..r-I"! LL,; JJ P:!. _!Lpl 9). <br />77 Other: Anv un/>aid real estate taxes and assessments. 2% brokeraQe commission to The Triece Comøanv. <br />7B (b) Buyer Costs: Buyer will pay !axe6 and recording fees on notes and mortgages and recording fees on the deed and <br />75 financing statements; loan expenses; lender's titie policy at the simultaneous issue rate; inspections; survey and sketch; <br />80 insurance; <br />61 Other: n/a <br />ß2 (c) Title Evidence and Insurance: Check (1) or (2): <br />B3 N (1) The title evidence will be a Paragraph 8(a)(1) owner's title insurance commitment D Seller N Buyer will <br />B4 select the title agent D Seller J¡¡[ Buyer will pay for the owner's title policy. search, examination and related <br />B5 charges. Each party will pay its own closing fees. <br />66 0 (2) Seller will provide an abstract as specified in Paragraph 8(a)(2) as tille evidence. D Seller 0 Buyer will <br />B7 pay for the owner's title policy and select the title agent Seller will pay fees for title searches prior to closing, including <br />B6 tax search and lien search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and <br />B9 closing fees. <br />50 (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate <br />91 taxes, interest. bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for the <br />52 current year cannot be determined, the previous year's rates will be used with adjustment for any exemptions. <br />93 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY <br />54 TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR <br />95 SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS <br />56 REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY <br />97 QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR <br />96 FURTHER INFORMATION. <br />95 (e) Special Assessment by Pubtic Body: Regarding special assessments imposed by a public body, Seller will pay (i) <br />100 the full amount of liens that are certified, confirmed and ratified before closing and (ii) the amount of the last estimate of <br />101 the assessment if an improvement is substantially completed as of Effective Date but has not resulted in a lien before <br />102 closing, and Buyer will pay all other amounts. <br />10' (f) Tax Withholding: If Seller is a"foreign person" as defined by FIRPTA. Section 1445 of the Internal Revenue Code <br />104 requires Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount to the <br />105 Internal Revenue Service (IRS) unless an exemption applies. The primal)' exemptions are (1) Seller provides Buyer with <br />106 an affidavit that Seller is not a"foreign person", (2) Seller provides Buyer with a Withholding Certificate providing for <br />107 reduced or eliminated withholding. or (3) the gross sales price is $300,000 or less, Buyer is an individual who purchases <br />10B the Property to use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property <br />109 for at least 50% of the number of days the Property is in U6e during each of the first two 12 month periods after transfer. <br />110 The IRS requires Buyer and Seller to have a U.S. federal taxpayer identification number ("TIN"). Buyer and Seller agree <br />111 to execute and deliver as directed any instrument, affidavit or statement reasonably necessary to comply with FIRPTA <br />112 requirements including applying for a TIN within 3 days from Effective Date and delivering their respective TIN or Social <br />"' Security numbers to the Closing Agent If Seller applies for a withhoiding certificate but the application is still pending as <br />114 of closing, Buyer will place the 10% tax in escrow at Seller's expense to be disbursed in accordance with the final <br />115 determination ofthe IRS, provided Seller so requests and gives Buyer notice of the pending application in accordance <br />1,. with Section 1445. If Buyer does not pay sufficient cash at closing to meet the withholding requirement, Seller will deliver <br />117 to Buyer at closing the additional cash necessal)' to satisfy the requirement Buyer will timely disburse the funds to the <br />116 IRS and provide Seller with copies of the tax forms and receipts. <br /> <br />119 l , and Seller acknowledge receipt of a copy of this page. which is Page 2 of 7 Pages. <br />2004 Florida Association of Reallo . I nghts reserved. licensed to Alia Star Software. <br />Added Fonnatting Copyñght 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 <br /> <br /> <br />
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