2455 NW 44^th Ave. Ocala, FL 34482

(352) 732-3276 Cell (352) 266-6180

RECEIVED of the undersigned buyer (“Buyer”) the sum of $_______________________as non-refundable deposit (the Deposit”) for the purchase of the following described real estate (the “Property”):

The undersigned seller (“Seller”) covenants and agrees to sell and convey the Property by good and sufficient Warranty Deed to Buyer, or Buyer’s assignee (Buyer, however, shall not be released from Buyer’s obligations as set forth herein), and Buyer covenants and agrees to purchase the Property for the following consideration:

                Purchase Price                                                   $_________________

                Deposit Received (Buyers Premium)            $_________________

                Total Due From Buyer                                    $_________________

               Total Amount Due at closing                          $_________________

The terms of the sale shall be as follows:

1. All cash, of which the Deposit is part, at closing. The Deposit, which shall be held by ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­_First American Title__the closing agent, shall be considered a part of the Buyer’s Premium earned by Homes to Ranches Realty Inc and to be paid by Buyer to  Homes to Ranches Realty Inc.
2. The closing contemplated hereby shall take place on or before 30 calendar days from today. Closing for both parties hereto shall be at the offices of  _First American Title__
3. Possession shall be given at closing.
4. All real estate taxes and maintenance fees/association dues for the current year shall be prorated as the date of closing. Any unpaid taxes for prior years shall be paid by Seller. Rents, if any, shall be prorated.
5. Title shall be conveyed subject to all restrictions easements, and covenants of record and subject to any zoning ordinances, regulations and laws of governmental authorities. At closing, settlement and payment of the balance of the purchase price shall be made in cash or by cashier’s check upon presentation of Warranty Deed with usual covenants and conveying a good and merchantable title. Seller shall furnish a title search covering the Property as required by any of the major title companies in Florida for the issuance of a title policy. In the event of controversy regarding title, a title insurance policy covering the Property, issued by the one of said title insurance companies for the purchase price plus the Buyer’s Premium, shall constitute and be accepted by Buyer as conclusive evidence of good and merchantable title.
6. If the title is not good and cannot be made good within sixty (60) days after written notice has been given to Seller that the title is defective, specifically pointing out the defects, then the Deposit shall be returned to Buyer and this Contract shall become null and void unless Buyer elects to accept the defective title. In the event the time needed to correct said defaults extends beyond the aforesaid time to close, the time to close shall be extended as reasonably necessary. If this Contract is otherwise breached by Seller, Buyer shall have the right to affirm this Contract and enforce its specific performance or require the immediate return of the Deposit and recover full damages for its breach. In any event, if title is not so made good or Seller otherwise breaches this Contract, Seller shall pay the Buyer’s Premium and or agreed upon condition to Homes to Ranches, Inc and any amounts due pursuant to any other agreement between HTR and Seller, plus the costs of collection, including attorney fees.
7. If Buyer breaches this Contract, Seller shall have the right to declare this Contract canceled and recover full damages for its breach or to elect to affirm this Contract and enforce its specific performance. In either event, the Deposit shall be retained by HTR and seller per the terms of this listing agreement.
8. Seller shall pay for attorney fees for legal services preformed prior to the date hereof, title search, preparation of the Warranty Deed and the recording fee and transfer fee and transfer tax on the Warranty Deed. Buyer shall pay title insurance, survey and all costs and expenses relative to any loan facilitating the purchase of the Property. Each party shall pay its respective attorney fees.
9. THE PROPERTY SHALL BE COVEYED AND ACCEPTED IN “AS IS” CONDITION. EXCEPT AS EXPRESSLY SET FORTH IN THIS CONTRACT, NEITHER SELLER, NORE SELLER’S AGENT, NOR HTR, HAS OR WILL MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITAION, ANY WARRANTY OR REPRESENTATIONS TO THE HABITABILITY, DESIGN, PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Except for the warranties and representations expressly set forth in this Contract, Buyer is relying solely on its own expertise and information. Buyer has conducted such investigations and inspections of the Property as it deemed necessary and/or appropriate and shall rely upon the same.
10. Buyer and Seller explicitly covenant one with the other to relate to one another, in all matters concerning this Contract, in good faith and with fair dealing.
11. Should any party to this Contract bring an action against any other party to enforce any claim hereunder, the prevailing party or parties shall be entitled to recover all costs of said action and reasonable attorney fees. The term “prevailing party or parties” as used in this paragraph shall be defined as the party or parties in whose favor a court shall rule or against whom no relief is granted, provided such ruling becomes final and non-appeal able.

This Contract contains the entire agreement of the parties relating to the subject matter hereof and shall not be changed except by their written consent, and shall be binding on the parties’ successors and assigns.