*2 7uL-

PEACOCK LANE
AGREEMENT OF PURCHASE AND SALE

THIS AGREEMENT oF PURCHASE

AND SALE ("Agreement") made and entered into
by and
between, MAC LENNOX pROpERTy.
LLC
a Florida limited liability company, 5151 Collins
Avenue. Unit 1127, Miami Beach, Florida
33I40 ("Seller"), and the Buyer(s) named herein:

7311 NW 17 CT, HOLLYWOOD FLORIDA

33024

Country

USA
Home Telephone:
OfficeTelephone:
%
786-351-4118
DANORAN@AOL.COM

NAME, ADDRESS AND TELEPHONE NUMBER

WHERE ALL BUYER'S NOTICES ARE TO BE
MAILED OR. PHONED, IF DIFFERENT FROM
THE ABOVE:

Horne Tetephone: Home rii NuilEEf

Seller agrees to sell and Buyer agrees

the following described property in accordance
1o 9"v
with the terms and conditions hereinaftJ set fbrth:

1. The propertla. Model 6, 7,fi.,lJlock

Loly,_f 8 .Block 8O
(right/left), Elevation , Lot ,Garage
"Property"), of ruduuuK
ror
Peacock Lane
Lane rtl^
(the
Residential Single_Family
Commrrnir' ) ,vvaLcsrn f on Laucrerdare, Florida
ffXXl.n;ffi
Plat of OSCEOLA PARK. H';/ ru#ilffi;'r,l, ^i$X"t"d
on tr,.

Buyer Initials
 The address of the property will be
2362 SW lBth AVENUE , Fort Lauderdale, Florida333t6.
2' Purchase Price' The purchase price of
the Property has been determined as
follows:

purchase price
$390,000
plus Extras/Options
as set forth on ($5,000) Seller's Concession
the attached Addendum
/14C
TOTAL PURCHASE PRICE xs800{8&fi $385,000
("purchase price")

The purchase price of the property shall

be paid as follows:

Initial Deposit paid

Additional Deposit payable
Additional Deposit payable
Additional Deposit payable

Wire Transfer to be delivered

at closing (subject to credits, adjustments
and prorations)

TOTAL PURCHASE PR.ICE

The Initial Deposit and Additional Deposit,

when made, may hereinafter be referred to collectively
the "Deposits". as

3' completion Date. The estimated date of completion

of construction of the
,201_, subject to the provisions of
of completion set forth herein is
esentation nor a warranty that construction of
the
agrees that t for the
ch would be of the
e provisions and 16
rmance impossible, or matters constituting
acts of
ida, completion of the property will be wiihin
two

4 ' the Property shall be good and marketable and

shall be
conveyed by 'Deed") in accordance with the Title commitment (hereinafter
defined), free nces and matters except:

4'L Conditions, restrictions, reservations, limitations

and easements of record,
provided that none of the same prohibit
the use of the Property as a single family residence;
terms and conditions of the Declaration
of covenants, condiiions, and Restrictions of pLAT
oF
2

Buyer Initials
 oscEoLA PARK ("Declaration"), together with all
Exhibits thereto, taxes for the year in which
the transaction is closed and subse-quent years;
any mortgage executed by Buyer which
encumbers the Property; liens for work
done ir materiai furnished at Buyer,s request; applicable
zoning ordinances regulations,
_liens for politic improvements; standard printed
.and and
exceptions contained in an ALTA Form
B owner's Titie Insurance. policy; and any matters not
listed above as long as affirmative title insurance
i, girr"n f* such matters.

5.

.
rnsuran
liver to
for old Smorer t
cause d
least ten- (10) days prior to
closing' Seller shall cause its agent to issue the owner,s title
policy ("Poliey') no later than ninity (90) insurance
days after the ,lJring, in accordance with the
Commitment. terms of the

5'2' The Commitment and Policy shall demonstrate that the status and
condition of title is as.reflected in paragraph
+ oittris egreement. of
title is not as reflected therein, Selrer siali not
ue ouligaieJ ,o .r,
title, but shall be afforded a reasonable time (not
ress tilan sixty (6
such objections or defects, If Seller does l:
/o not timely
'uL uruory uuls such o
cure suon o , Buyer may
accept title in its then existing
may terminate this Agreement ce' or Buyer
portion thereof held in escrow, terest on the
duly executed euit Claim Deed
and other instruments required to reconvey_
the Property to Seller in the event the Deed was
previously recorded' upon the retum of 'setlerunuu
sulh sums, u" released front all duties and
obligations under this Agreement and all liabilify
terminated and of no fuither force or effect"
to Buyer, and this Agreement shall be

5'3' Seller shall not be required to deliver an Abstract of Title

evidence of title to Buyer. or other prior

6' ransaction shall be closed after the issuance

Certificate of of a
e property on the date designated by Seller,
date shall not which
ing the effective date of this Agreement.

6' 1' At closing, Buyer shall pay the

cash due at closing and execute and deliver
all instruments required to close
by wire transfer to the closing
agent the day before the schedul
piior to,"."ipi uy.ro,i,-,g
instruments necessary to close th
ug"nt X'Jff:niffiJ.S"::i:1.,i
this Agreement to Ue in default or, at Seller's Seller may declare
option, designate
Bt1ve1 shall pay to Seller a late fee ".;t#:Trffi"'
$250.00 p.r duy rronittre date that the cr
scheduled to the actual date of closing.
Additionally, at Seller,s option,
expenses shall be as of the original closing
date. whileih" nuy"r is obtigateo to pay,,all
closing' and the Buyer's obligations under this cash,, at
Agreement are not contingent upon the Buyer,s
qualifying for or obtaining a mortgage n"-
*1if."O.r,"J.ff", agrees io looi"rute with any
J

Buyer Initials
as expeditiously as possible within a reasonable

action without any reduction and./or credit

ed for completion of any items set forlh
on the
or in need of correction if these items have not
or Completion. As to those items which Seller

Buyer Initials
 6'4' The closing shall be held at Smoler & Associates, p.A. office in
Florida' If the closing takes place at a location other than the Hollywood,
location designated by Seller as an
accommodation to Buyer, Buyer agrees to reimburse
Seller for any additional costs or fees
incurred by Seller in an amount not to exceed
$500.00. seller shali provid"nr,y., with at least ten
( 1 0) days advance notice of the
date, time and place of closing, except in the event
that Buyer,s
lender, if any, requires- the closing to be held on
a date which is less than ten (10) days front such
notice, in which case the Buyer shall close on the
date demanded by Buye.,, i"nd.r. Seller may
postpone the closing for any reason in Seller's
discretion and Buyei wiliclose on the new date,
time and place specified in the notice of postponement.
Any formal notice of closing,
postponement or resched{ing may be given -orally,
by telephone, telegraph, facsimile, mail or
other reasonable means of comm nication at seller's
option. A11 notices will be sent or directed to
the address, phone number or other location given
by dut ;;o seller or as specified on page 1 of
this Agreement' Notices will be effective upon
mailing or when given, and an Affidavit from one
of Seller's employees or_agents stating thatihe notice iru, girr"n
or mailed will be conclusive. A
written confirmation will be sent by seller to_Buyer, togetier
with a draft closing Statement and
other relevant information' such *iitt.n confirmation
siall not be considered the required formal
noticese not be released or relieved o 6se as scheduled
ifBuyer es or confirmation because B e Seller of any
change o smber. If Seller agrees to
or ifthe closing is delayed for any other reason, except
resche _Buyer,s
request,
for a delay caused by Seller, Buyer agrees
to pay at closing a late fee or default fee equal to jo.oo
$z per day from the date of the originally
scheduled closing to the date of actual closing. At
Seller's option, all prorations shall be made as
of the originally scheduled date of closing, Nothing herein
shall be construed as requiring the
Seller to reschedule the closing date or to permit dJlay
in closing as the determination thereof
shall be in Seller's sole discretion.

6'5' Buyer agrees that whenever requested to do so, Buyer will execute all
instruments as are required by Seller to implement
this Agreement and consummate this
transaction.

6.6' Buyer shal pay the following costs and expenses at closing:

6'6,1. The balance of the purchase price, as adjusted and

as modified to
include all extras, options, modifications, additions and
improvements;

xxxx 6.6"2. Assessments for Homeowners Association,

Inc, ("Association") prorated from the day of closing to
the first day of the next succeedins
assessment period;

6.6.3. contributions_ to the working capital funds of the

Association equal
to two (2) months' regular assessments which contributiJn,
-uy, to the extent permitted by law,
be used by the Association to pay Association common Expenses (as defined in the
Association);

adjustedand-"dirf.i4;.";'ffiJ3"'f;":*1",,"Ti,:xi' j3i;:,,ilhi,Tlffi j;:..,;;

improvements, to be used in part to reimburse selleris
.rr.o* agent fees,
the deed, documentary stamp taxes, Seller's document preparation the cost of recording
fees and cost of title

Buyer Initials
 rge is based on the assumption that documentary
ill be, at closing, at the iate of $0,70 for each stamp taxes
g100.00 of
ed rate for title insurance will be as posted
effective Jury 31,
licable to the subject transaction; if the ao.r,,'*t
lnsurance rate changes, or if a surtax stamp tax or
is imposed, or if any new governmen tal taxis
assessed' additional charges shall be created or
made tr 1in tir" case of decreases) will be paid or
credited to Buyer at closins. "."dit,

endorsementr r"quir.frll]i'riltti:Tu?r:l[j]lo*'' policv ortitle insurance, ir anv,and all

6'6.6. Pending liens for public improvements, if any,

Buyer; shall be assumed by

attorneys, for charges incurred in connection

Buyer's Mortgage Lender, including without
distance telephone calls, photocopies and other

nd other expenses and revenues of the properly

manner determined by Seller; (real estate iaxes

computer titre update and

recertincation ortirle ,liri; fi"'lJi?:*1,i3;1i fl:j[:r';ft[':lj;;;'o

6'7 ' Seller shail pay the following costs and expenses
at closing:

6.7.1 All documentary stamps on the Special Warranty Deed.

rimited to a titre but not

'oo^f",';?-,u,flr?:t-'f,XT:iX':Lf".,y,1':;lyi?ffi11,:;incruding
6.7 .3 The cost of recording the Special Warranty
Deed.
6

Buyer Initials
 7.
Deed, together with the other
instruments by Seller of any agreements,
obligations
7.1" Disclaimer of Warranties.

7.1.1. SELLER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES

SS FOR A PARTICULAR PURPOSE.
P, OR CONSTRUCTION RESPECTING
THE COMMLINITY, IF ANY, AND ALL
FIXTURES OR ITEMS OR PERSONAL PROPERTY SOLD
PURSUANT TO THIS
AGREEMENT, OR ANY OTHER REAL OR PERSONAL
PROPERTY WHATSOEVER
CONVEYED IN CONNECTION WITH THE SALE OF THE
PROPERTY, OR I-OCATED
WITHIN THE COMMLINITY, WHETHER ARISING FROM THIS
AGREEMENT, USAGE,
TRADE, IMPOSED BY STATUTE, COURSE OF DEALING,
CASE LAW OR OTHERWISE"

7'1.2 Normal swelling, expansion and contraction of materials and

construction, and any cracks appearing as a result thereof
or as a result of settlement of, in or on
the Property shall not be deemed to be eonstruction
defects. Upon Closing, Seller shall deliver to
Buyer all
conveyed (if anY) to be
THEREBY BE
DEEMED ADOPT ANY
LIABILITY FOR ANY SUCH MANUFACTURERS' WARRANTY
THEREOF.

of the work performed on the property by

to or after the Closing. Seller shall not be liable
party contractors not hired by Seller or Seller,s
to the Property caused thereby, Fufther, should
a subcontractor of Seller, Buyer acknowledses
performance by such third parly contractor"

7 .3. As a to Seller to execute this Agreement, Buyer

acknowledges that seller, s, brokers and other repres"entatives have made no
additional warranty, repre or promise any kind, express or implied, that the
warranties described herei an
but not limited to, any implied warranty of rner
for a particular purpose, and that except as pr
possession of the property in the condition it
subject to those items which Seller agrees to con
shall have no further liability obligation whatsoever with respect to the property or the
condition or construction thereof,_or
ot uny1..*rence directly or indirectly arising therefrom.

7.4. Commi
thickness, R-Value a
the Property, be dis
ded to b ecily affect
Buyer or will
installed in exterior n,. be
diately beneath the^ property's
-^aL aL roof. The type,
7

Buyer Initials
 approximate thick:re-ss and approximate
R-value will, as to exterior walls adjacent to concrete
block walls' be foil baeked lnsulation R-4.1 value,
as to the ceilings above living space,
fiberglass batts, nine (9) inches (approximate)
thick
living space and a^E7,tage, fiberglass batts, three ne, and in partition walls between

thick, R-l1 Value. Sellerreserves-the right e r/2) inches (approximate)

to use a of insulation with a different
thickness and R-value' The R-values und
th. thickness of the thermal insulation as set forth in
this disclosure are based upon information
supplied by the manufacturer of such insulation,
are subject to change' Pursuant to Section and
4eoJqe of the code of Federal Regulations, the
Insulation Disclosure Addendum i, inco.forur.i
rr", :in by ,"r"."rr". and made a part
f,:tlt},|t

7'5' Pursuant to Florida Statutes Section 553.gg6,Buyer

may request that
nergy Rater to perform an
releases Seller from any r
er understands and agrees that t

Buver w'r pav the rotar .",, ?r'?f, |'|j''#:t;;J:flT"ff

:trffiru:"fir:i:[il1,ifi
of community Affairs brochur-e regarding the Florida
3;rTff*' EnJgy Effi.i"n"y Rating

7'6' All of the provisions of this paragraph 7 as set forth hereinabove

survive the closing of^ the transaction contemplated shall
by theigreement.
8. Default.

3:ii3::tfi.l'*
agreed upon damages, consid.ruri:tfffitnt
l",:':13t;J"#rffiil'"d'il3*lnll1"nuo"o
orepm terminated and retain the Deposits
as liquidated
o,
ani
any craims since ihe amount or actual
proceed in equity to enforce its rights
,tJ?.*:lJ,l*'l'Ttf.lti,T.T"",|
u
parties shall be released from all duties
If Seller retains the Deposits, both
and obligations and alr riability under this Agreement,
this Agreement shall be terminated and of and
no-furth"r force or effect. This provision has been
specifically agreed upgn by the parties because
o.r""rt uv Buyer would have serious adverse
"
financial effects upon Seller as a result ofincreased.ortr,
.rp"nses and fees having been incurred
lost the opportunity to seli the property to others.
In the event
;ilil':"",,i,:l1J:,i::.*];TlH#ti:',:I.i';,,l;ffiilllT:
with any requirements of time frames to comply
its righis or remedies sha lay in exercising any of
of anly default oinry", nor shall or remedy or a waiver
cise of such right or remedy by
Sellei. The provisions of this paragraph shail
survive the closins.

8.2. Default blz Seller,

8.2.1. Prior to Closing

Buyer Initials
 8.2'r.1. Notice. Buyer shalr give written notice in the same
*urygr noted in paragraph 14, to Seller,
condition precedent to seeking any remed
default in detail. Seller shall have u ,.uron
more than ninety (90) days) from the date Seller
correct any default or to otherwise respond to Br
has occurred and/or defect exists" The cure
Period shall be extended by any period of time that
roperty and/or perform tests as required. Buyer
Seller prior to the expiration of the Cure period.
n to take action during the Cure period and/or

In the event that Seller is unable to cure

event ofa title defect as set forth in paragraph
is Agreement and receive a full refund & tire

8.2.2. post-Closin&

defined above, to correct any alleged default

event Seller determines that no default has oc
be extended by any period of ti
and/or perform tests as required
prior to the expiration of the Cur

from Seller's receipt of Buyer's written notice

iod). Seller shall have the right, but not the
andlor respond to any notice received from

agrees that once

ligated to permit
ll tests and make
y Seller torespond so such notice at all
ion, test, and/ or r epair/ replacement scheduled
all be deemed scheduled at a reasonable time.
de the right of Seller to repair or address, at

Buyer Initials
 Seller's sole option and expense, any aspect of the Property
deemed defective by Seller-during
its inspections of the property.

c ontaine d in thi s ;,lt,*'.-#ffiffi Tili]Tffi

, li'i:,, ",?'jll?, j;,,"::' ,..lt?il
herein serve to limit^rl;?,x
or qualify Sellerls outigation to sribstantially complete construction of
the property as set forth in paragraph 3 her-einabove, or elsewhere
in irris Agreement, and
such limitations or qualificationr ut. not permitted under
the Interstate Land Sales Full
Disclosure Act ("ISLA") pursuant to 15 u.S.c. 1702(a)(2),
$ then all such provisions shall
be deemed deleted and rendered. null and void.

9' CoFpletion of the Propertlr. Completion of the Properly is subject

to and may be
extended by Seller by reason of circumstances beyond its
control, including, but not limited to,
work stoppages, the unavailability of labor or material, the unavailability
oimortgage financing,
governmental orders, other events which support a defense
based itip"ossibility Ji
perfotmance for reasons beyond Seller's controi, or
acts of God pursuant"potr
to Florida law. If, by
reason of any of circumstances described in the preceding
sentence, construction is stopped for a
period of six (6) months, Seller shall have the right to
teniinate this Agreement by giving written
notice thereof to Buyer and returning the Depisits to Buyer,
whereupon both parties shall be
released from all duties and obligations and all liability
under tlis Agreement and this
Agreement shall be of no fuilher force or effect.

9'1. All color selections options, upgrades and extras (collectively, the
"Changes") to be selected by Buyer must_be selecteJ by Buyer, in writing,
within thirly (30) days
from the date Seller notifies Buyer to select the Changes. 'seller
shall be under no obligation to
install or construct any changes to the base model residence which
Buyer may request after the
expiration of said (30) day period. IF BUYER DOES Nor SELECT ALL FINAL
lhtr
CHANGES WITHIN THE THIRTY (30) DAY PERIOD DESCRIBED
IN THIS PARAGRAPH,
SELLER SHALL PROCEED WITH CONSTRUCTION OF THE BASE
MODEL RESIDENCE
PLUS ONLY THOSE CHANGES WHICH HAVE BEEN FINALIZED
IN ACCORDANCE
WITH THIS PARA-GRAPH. Buyer shall select the Property's roof and exterior
colors and
elevation, where applicable, within thirty (30) days from the date
Seller notifies Buyer to make
such selection" If in Seller's sole discreiion, bny"r requests changes
after the expiration of the
thirty (30) days period, then Seller reseryes the righi to charge Buyer
a $300.00 change re-
selection fee.

9 "2'Buyer shall pay the additional cost of any changes at the time
that the
same are frnalized as provided herein, and Seller will not
be required to install or construct the
same unless and until Buyer has paid one Hundred (100%)
Percent of the price for each change,
If this Agreement is terminated and Seller is entitled to retain the Deposits, all sums paid by
Buyer for changes shall be non-refundable.

bv
faw
orfor *\;,.1"11i,1?i,i3i':ff,ffi1?l3T:T,:rlriJ'":"11,?,1TrH,":#fli:*
^^y will have
omitted and Seller no further liability to Buyer. The omission of an option shall not give
Buyer the right to terminate this Agreement or otherwise require
Seller to install or provide the
omitted option. The provisions of this paragraph shall survive
the closins.
10

Buyer Initials
 9,4.
brochures or other
advertising materials
purchase price. Items are not included in the Base
tuinture, tumishings, decorations, accessori
treatments, carpeting and floor coverings, wall
,1ffi#:,Xj""1il:ltTliH*
coverings, paneling and other wall treatments,
intercoms, kitchen accessories, chandelilers and uny
typ"" or hanging fixtures, upgraded fixtures
and special lighting effects, mirrots, extra or upgraded
applianies- and lanjscaping, barbecue
grills and pool and spa,

9'5' Construction of the Property shall be deemed completed for pu{poses

all
of a certificate of occupancy or completion by utr uppri.uule governing
;f,"r:jflJssuance

located beneath, across or

ts upon the property may
ad and compressor to an
propefty. Utility easements provide access to
necessitate driveway repair as a result of work
but not limitation: utility; drainage;
station; buffer; limited u"."rr; .ubl.

il
Buyer Initials
 tions of Above Ground Equipment
ociation as they deem necessary in
wledges that the location or
nof
to
tra

9.5.3.
has the right to use the Com
other related matters. Seller is hereby grante
itself, its employees, agents and subcontractor
portion of the Lot as may be reasonably
a1 adjacent Property, and the parties e
closing.

9.5.5. The provisions of this Section 9.5 shall survive the closins.

and fixtures to be used in constructins the

.gYu!
9t better quality. However, Seller ma
which have a material, adverse effect on the
described in the plans and specification-s for
gn modifications to such plans
and fixfures of substantially
modifications or substitutions
ue of the Property, or materially reduce the
erty's exterior walls" Buyer understands that
cabinets, paint, tile, cultured marble,
and may vary from samples, models
is not responsible for such variations,
ents are approximate and include interior

measurements are measured to the exterior of

and may vary from dimensions reflected on
which variations may result as the property is c

t2

Buyer Initials
 9'8' The fact that construction in areas surrounding or within
other portions
of the community may be completed, or that landscaping"o. ,oadrrrg may not be
.not
completed, shall not constitute a valid r-eason for Buyer's failure to close this transaction.

. 10.
Declaration or its successors or assigni owns any portion
As long as Seller under the
tt* Comniunity, Seller and its
and models"fwithin th; C;;-"nity to assist
ies in the Community and properties located
ny nominees of Seller owns any land or home
shall have the right and privilege to maintain
general sales offices in and about the Community, including
model residences, and to have their
employees present on the premises to show homes, use Cominunity
facilities and/or propefiy and,
without limitat
ate by them to sell' resell'
or rease nomes
1-
nowever, ,1
tnat or contribution; provided,
___.., as will not unreasonably
interfere with the Buyer's enjoyment of the property.

11.
the community,
THE COMMUNIT
is tT;"5J.:[l?"i,ff,J:fJHii'r::ifl:X,::
IMPORTANT PROVISIONS CONCERNING
AND RESTRICTING THE USE OF THE PROPERTY, AND CREATE AND
IMPOSE
RIGHTS, DUTIES AND OBLIGATIONS ON THE BUYER" Buyer
hereby acknowledges that
has personally reviewed the Community D
1t estimated or otherwise and
found the Property, the Community and the
le and suitable for Buyer,s
purpose wn judgm ch determinations, and that
there w
, guarantees or promises, expressed or implied, with
respect S, employees or representatives or any independelt
contractor except those which have -
been specifically set forth in this Agreement.

I l ' 1' The terms and conditions

of the Community Documents are incorporated
by reference into this Agreement. Buyer understands that its rights under
this Agreement and
their ownership anduse of the Property are subject and subordinate
to the terms and conditions
of the Community Documents, ug."", to abide by and be bound lay all of
such terms and
conditions, as the same may be amended or modified, to purchase
the property subject thereto
and acknowledges that its agreement in this regard shall survive
the closing unl delivery of the
Deed' Buyer further agrees to sign any documents required to implem-ent
the Community
Documents.

l1'2. Buyer acknowledges and understands that in accordance with the terms
the Community Documents, Buyer shall be a mernber of the property of
association, and is
responsible for the payment of certain assessments to be levied ^ugulnri
the property by the
Association' Buyer's failure to pay such assessments may result
in liens being recorded against
the Property which may be foreclosed in accordance with the laws
of Florfra. upon Buyer,s
purchase of the Property, Buyer shall become a member
of the Association, and shall have all
rights and perform such duties as set forth therein.

l3

Buyer Initials
 I L3. Selle
OSCEOLA PARK as it,
companies, or mortgage lenders
do not materially and adversel
adversely affect Buyer's rights.

rr '4' In the event the closing contemplated by this

Agreement is not
consummated for any reason, Buyer shall
return tJ Seller the'community Documents furnished
Buyer in the same condition in to
*tti.t
nuy", received them, allowing for normal wear and tear"
Buyer's failure to return the Community Documents
shall entitle Seller to the sum of $100 to
defray Seller's costs and expenses of printing
and delivering the community Documents.

ement contains the entire agreement between the

s in writing, and executed by Buyer (which

as Buyer(s) herein) and Seller. BUYER
RELIED ON ANY REPRESENTATIONS.
ADVERTISEMENTS, WARRANTIES;
NATURE WHATSOEVER, WHETHER
, SALESPERSONS, ! u, rAGENTS,
LuLe) vv\-/r-rjr\rrru\\r rJr((JKt1r(s (IF ANy) oR OTHERWISE OFFICERS.
rv Ll f r J, \_,r_c I. IL,_EI\.J.

HEREIN SPECIFICAT,T,Y RtrPRFqtr\TTFN DTT\,TDD TTAO NAdF^ EXCEPT Ad

A INVESTI RVATION
o

l3' Assignm-ent' Buyer may not assign its rights under this Agreement without the
prior written consent of the Seller, whlch Seller
Lay witthota for any reason whatsoever. In the
event the Seller does consent to such assignment,
Seller may charge an administrative fee for
processing the assignment.

between the parties shall be by certified mail,

on page I of this Agreement. If Buyer fails to
er ofany change ofaddress or phone number

such notice and w'r not be rerieved j;Til':,ffil;X ilJ;:JtilhHT##

;::::::. |;J;
15' Time of Essence. Time is of the essence of this
Agreement.
16' Risk of Loss' If the Property is damaged by fire or other casualty before
of the Deed and can be restored to substantially the delivery
same condition within a period of one
t4

Buyer Initials
 hundred eighty (180) days after Seller obtains a building permit
for such restoration, Seller shall
have the option to restore the improvernents and the closing date
shall be extended for a similar
period, if necessary' If Seller elects not to restore the imprirements
or fails to do so within said
one hundred eighty returned to Buyer and both parties shall be
released from all lj|o.l1il:r."tder this Agreement and this
Agreement shall he
17 ' Governins Law and Venue. This Agreement shall be governed by the
laws of the
-County,
State of Florida' Buyer acknowledges that the Property is located
in Broward Florida.
Accordingly, the only appropriate venue for the resolution of any disputes
under this Agreement
lies in Broward County' In addition to the foregoing, Buyer und S"li., agree that the venue for
resolution of any dispute lies in the courts in Broward county.

18' Attornelrs'Fees and Costs. In the event either party hereto shall institute legal
proceedings in connection with or the enforcement or interpretation
of this Agreement, the
prevailing party shall be entitled to recover its costs of suit, including
reasonable attorneys, fees
at both trial and appellate levels.

19' Recordi{rg of this Agreement. Neither this Agreement nor any short-form
summary hereof shall be recorded among the Public Records of Broward
County, Florida, and
any recording of same by Buyer shall constitutt a default under this
Agreement. Buyer fuither
agrees that in the event of any dispute with Seller, Buyer will not
file or record a Lis pendens
respecting the same"

20. Miscellaneous.

20' 1' This Agreement may be executed in any number of counterparts,

all of
which together shall constitute one Agreernent. The paragraph headings herein
contained are for
purposes of identification only and shall not be ion.id"t"O in cJnstruing
this Agreement,
Whenever used herein, the singular shall include the plural, the plural
the sinfrrlar and the use of
any gender shall include all genders as appropriate.

ovided for in paragraph 6.2 above, Buyer shall

construction of the property and Buyer has
I be a default under this Agreement. Buyer
mav incur, directry or indirectry, rrom any entry jli;i.|#jlT,?iillfli:
Buyer shall not store any possessions in or about "r"X",ftTJJfi';
the Property piior to closing this transaction,
shall not interfere with or molest ' - rit,
and agrees that any matters
pertaining to construction will not b communicated to it and approved
felter in writing. DURING CO pROpERTy AND AFTER THE
U_1
CLOSING, ALL OWNERS, OCCUPANTS AND USERS OF THE COMMLINITY
ARE
HEREBY PLACED ON NOTICE THAT SELLER AND/OR ITS AGENTS,
CONTRACTORS,
SUBCONTRACTORS, LICENSEES AND OTHER DESIGNEES
W]LL BE, FROM TIME TO
TIME, CONDUCTING CONSTRUCTION, EXCAVATION AND OTHER ACTIVITIES
WITHIN OR IN PROXIMITY TO THE COMMLINITY. BY EXECUTING THIS
AGREEMENT AND AT AND AFTER CLOSING, BY THE ACCEPTANCE
OF A DEED OR
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Buyer Initials
OTHER CONVEYANCE OR MORTGAGE, LEASEHOLD" LICENSE OR OTHER
INTEREST, AND BY USING ANY PORTION OF THE COMMLINITY,
EACH SUCH
OWNER, OCCUPANT AND USER AUTOMATICALLY ACKNOWLEDGES.
STIPULATES
AND AGREES (I) THAT NONE OF THE AFORESAID ACTIVITIES SHALL BE
DEEMED
NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES, HERELINDER
OR AT LAW
GENERALLY, (II) NOT TO ENTER UPON, OR ALLOW THEIR CHILDREN
OR OTHER
PERSONS TINDER THEIR CONTROL OR DIRECTION TO
ENTER UPON (REGARDLESS
OF WHETHER SUCH ENTRY IS A TRESPASS oR oTHERWISE) nNy pnoPERTY
WITHIN OR IN PROXIMITY TO THE COMMLINITY WHERE SUCH ACTIVITY
IS BEING
CONDUCTED (EVEN IF NOT BEING ACTIVELY CONDUCTED AT
THE TIME OF
ENTRY, SUCH AS AT NIGHT OR OTHERWISE DURING NON-WORKING
HOURS), (III)
SELLER AND THE OTHER AFORESAID RELATED PARTIES SHALL
NOT BE LIABLE
FOR ANY AND ALL LOSSES, DAMAGES (COMPENSATORY, CONSEQUENTIAL,
PIINITIVE OR OTHERWISE), INJURIES OR DEATHS ARISING FROM
OR RELATING TO
THE AFORESAID ACTIVITIES, EXCEPT RESULTING DIRECTLY FROM
SELLER'S
GROSS NEGLIGENCE OR WILLFUL, MISCONDUCT, (IV) ANY
PURCHASE, OR USE OF
ANY PORTION OF THE COMMTINITY HAS BEEN nNo wnl BE MADE
WITH FULL
KNOWLEDGE OF THE FOREGOING AND (V) THIS ACKNOWLEDGMENT
AND
AGREEMENT IS A MATERIAL INDUCEMENT TO SELLER TO SELL,
CONVEY,
AND/OR ALLOW THE USE OF THE PROPERTY. THIS PARAGRAPH
SHALL SURVIVE
TILE CLOSING.

20'3' This Agreement is subject and subordinate to the lien of any mortgage(s)
executed by Seller encumbering the Property, whether executed prior or subsequent to the
Effective Date, without Buyer's execution of any further docuirents, provided
any such
mortgage(s) shall be released as to the Property at closing. The proceeds
of this sale may be used
to obtain such release.

20'4'For the purpose of completing the construction and servicing of the property
and surrounding areas' Seller hereby reseryes an easement of ingress
and egress-for itself and its
successors and assigns, and each of their respective agents, employees,
materialmen and
subcontractors, ove , under and upon the property.

20.5. DISCLOSURE REGARDING RADON GAS:

RADON. GAS: RADON IS A NATURALLY OCCURRING

RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED
IN A BUILDING IN SUFFICIENT QUANTITIES, MAY
PRESENT HEALTH RISKS TO PERSONS WHO ARE
EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT
EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN
FOLIND IN BUILDINGS IN FLORIDA. ADDITIONAL
INFORMATION REGARDING RADON AND RADON
TESTING MAY BE OBTAINED FROM YOUR COUNTY
PUBLIC HEALTH LINIT

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Buyer Initials
 20'6' Construction Industries Recovery Fund. Pursuant to Section 489.1425 of the
Florida Statues, Seller provides the following notice, PAYMENT MAy BE AVAILABLE
FROM THE CONSTRUCTION INDUSTRIES RECOVERY FTIND IF YOU LOSE MONEY
ON A PROJECT PEMORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE LICENSED
CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FTIND AND FILING
A
CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
AT THE FOLLOWING TELEPHONE, NUMBER AND ADDRESS (904)727.6530, 7960
ARLINGTON EXPRESSWAY, SUITE 3OO, JACKSONVILLE ,FL 32211.

20'7. Seller and Buyer represent and warrant to each other that neither of them
has dealt with or consulted with any real estate brokers, salesmen or finders in connection
with
this transaction, subject, however, to Seller's obligation to pay commissions to such brokers
with whom it has executed a written agreement concerning ih" puyrn.nt of a commission.
Seller and Buyer hereby mutually agree to indemnify, save and hold each other harmless from
and against any and all losses, damages, claims, costs and expenses (including attorneys'
fees
and expenses) in any way resulting from or connected with any claims or suitslor a broker's
or
salesman's commission, finder's fee or other like compensation made or brought by any person
or entity claiming to have dealt with either indemnifying party, Buyer is heieby advised that
sales agonts located at Seller's sales office are employed byand represent Seller's interests,
and
will receive commissions and/or other rernuneration front Selier for representing Seller's
interests.

20'8. The parties shalt execute such further documents and instruments, and
perform such further acts, as shall be necessary and advisable from time to time to carry out the
intent and purpose of this Agreement

20'9. In-validation of any provision or poftion of this Agreement by a judgment of

a court of competent jurisdiction shall in no way affect any other portion or piovision of this
Agreement.

20'10. The failure of either party to insist upon full performance of any of the
provisions of this Agreement by the other party shall not constitute a waiver of such
performance or the performance of any other duty or obligation under this Agreement
unless
the party failing to insist upon full performance declares in writing that it Is waiving such
performance. A waiver of any default under this Agreement by eithei party, unless otherwise
expressly declared in writing, shall not be a continuing waivi, o, *uirr..-of any subsequent
default of the same provision or any default under uny o1h., provision of this Agreement.

20.11. Any reference herein to time periods of less than six days shall. in the
computation thereof, exclude Saturdays, Sundays and legal holidays and in such case shali
extend
to 5:00 p.m. on the next fulIbusiness day.

20.12' Counterparts and Telefaxed Signatures. This Agreement shall be validly

executed when signed in counterparts. The Effective Date and time of ihe Agreement is
the date
and time when the last of the parties to sign executes this Agreement, Signitures may be given

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via telefax transmission and shall be deemed given as of the date and time of the transmission
of
the Agreement by telefax to the other parly.

21.
ORAL REPRESENTATIONS CANNOT BE. RELIED UPON AS CORRECTLY
STATING THE REPRESENTATIONS OF THE SELLER" FOR CORRECT
REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS AGREEMENT
AND
DOCUMENTS REFERRED TO IN THIS AGREEMENT.

22. tEs otice . THE BUYER OF A ONE-FAMILY OR

TWO-FAMILY RESIDENTIAL DWELLING LTNIT HAS THE RIGHT TO HAVE ALL
DEPOSTT FTTNDS (Up ro TEN PER9ENT (r0%) oF THE PURCHASE pzuCE)
DEPOSITED IN AN INTEREST BEARING ESCROW ACCOTINT" THIS zuGHT
MAY BE
WAIVED,IN WzuTING, BY THE BUYER.

In accordance with Florida Statutes, Section 50I.1315, as amended, the Seller

hereby
1ot]fies Buyer.that Deposits up to ten percent (I0%) of the purchase price paid by the
Buyer shall be held in an escrow account, unless waived in writing by the Buyer,
with a
savings and loan association, bank or trust company, an attorney who -is a
member of the
Florida Bar, a licensed Florida real estate broker, or-a title insurance company,
until closing
of the sale of the Property under the Contract. Unless waived in writingj the escrowed
Deposits shall be held and disbursed, and interest shall be paid or creditJ at
Closing, in
accordance with the provisions of Section 50I.I375, as amended" The Escrow Agent
rriid.,
this Agreement is Smoler & Associates, P.A.,2611 Hollywood Boulevard, Hlollywood,
Florida 33020, Telephone Number (954) 922-2gll "

Buyer waives the escrow requirement u!_tg alf or any portion, of the Deposits required
by this
Agreement' Buyer acknowledges that all funds paid-ai a Deposit prrrrrrunt to this Agreement
will be used by the Seller for construction of thr property ront.-pluted by this Agreiment and
paynent of preconstruction commission to real eitate brokers. Buyer acknowled[es
and
agrees that the Deposits will not be held in escrow by the Seller:

(Signature of Buyer)

Buyer does NOT waive the escrow requirement:

(Signature of Buyer)

The Seller may, if it wishes to utilize Deposits up to ten percent (I0%) of the
Purcttase Price, acquire a surety bond in the manner p.orrid.d bylaw, if such
a bond is readily
available in the open market, which bond would be payable to ihe Buyer in the
amount of the
Deposits. Thereafter, the Deposits up to ten percent (10%) of the purchase price
mav be
18

Buyer Initials
 is an example of the Buyer's interest
a $100,000.00 Deposit, with Seller
nnum, an escrow interest rate of one
th construction period, the Seller's interest cost
ld accrue on the escrow account, and the
cost to Buyer at closing. The Seller hereby
escrow account requirement referenced above. it
rovided by law, or borrow funds in the amount of
r interest at the rate paid by Seller, less the
is further advised that once construction of the
e Seller will use the Deposits in excess of ten
construction and development of the propertv.

Escrow payments shall be held

of prop
receipt
claims
payments held in accordance with Section 501.1
damages resulting from Fscrow Agent's gross negligence
or willful malfeasance. The provisions of
this paragraph shall survive closing and any termination
of the Agreement described below.

ng, Escrow Agent receives written notice of a

scrow deposit, Escrow Agent is authorized in its
escrow agreement, or retain the Escrow account
rt of Buyer and Seller, or by a court of competent
seek deliver the documents'
instruments and escrow deposit ro a courr
"r""L;:;il:t#,:?1l:and
._^ YStHTlEnfl:oT:nlalrc
Property and the Home constructed th.r"on
Buyer aclcnowledges and asrees
that: (r) the
-uy bL subjected to adverse ;;ffi#;;;
to, motd or other poiential toxins anJ other. naturauy
::::*::'"li1l**:,9":"1", 1i-i,:d
occurring contaminants. (2) such adverse environmental conditions might not b;;";.;;;;i:
ce. (3) Seller has made no representations or
e of such adverse environmental conditions. (4)
investigation of such environmental conditions
Buyer hereby waives and releases any claims it
way connected to such adverse environmental
rs for personal injury, property damage or the
:ted thereon, and (6) Buyer releases and agrees to
indemnify Seller from any liability for or associated with
any adverse environmental conditions

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Buyer Initials
and expressly all liability for or associated with such adverse environmental conditions. Buyer
hereby acknowledges receipt from Seller of the Mold and Mildew Addendum.

24, ANY CHANGES TO THE PRINTED FORM OF THIS AGREEMENT OF

PURCHASE AND SALE, OR ANY ADDENDA THERETO (COLLECTIVELY,
''AGREEMENT''), ARE SUBJECT TO AND CONTINGENT UPON WRITTEN APPROVAL
BY THE SELLER'S ATTORNEYS. IF SUCH WRITTEN APPROVAL IS NOT RECEIVED BY
BUYER WITHIN TEN (10) DAYS OF EXECUTION BY SELLER, THEN SUCH
AGREEMENT SHALL BE DEEMED ACCEPTED BY SELLER.

25.Resolution of Disputes, EACH PARTY ACKNOWLEDGES THAT THIS

AGREEMENT IS A SOPHISTICATED LEGAL DOCUMENT, ACCORDINGLY,
JUSTICE WILL BEST BE SERVED IF ISSUES REGARDING THIS AGREEMENT ARE
HEARD BY A JUDGE IN A COURT PROCEEDING, AND NOT A JURY. BUYER
AGREES THAT ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION, WITH
RESPECT TO ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM, OR
CROSSCLAIM, WHETHER IN CONTRACT AND/OR IN TORT (REGARDLESS IF
THE TORT ACTION IS PRESENTLY RECOGNIZED OR NOT), INCLUDING, BUT
NOT LIMITED TO, THOSE FOR PERSONAL INJURIES, PAIN, SUFFERING AND
WRONGFUL DEATH, BASED ON, ARISING OUT OF, IN CONNECTION WITH OR
IN ANY WAY RELATED TO THIS AGREEMENT, THE DOCUMENTS (INCLUDING,
WITHOUT LIMITATION, ANY DECLARATION), ANY COURSE OF CONDUCT,
COURSE OF DEALING, VERBAL OR WRITTEN STATEMENT, VALIDATION
PROTECTION, ENFORCEMENT ACTION OR OMISSION OF ANY PARTY SHALL
BE HEARD BY A JUDGE IN A COURT PR.OCEEDING AND NOT A JURY, SELLER
HEREBY SUGGESTS THAT EACH BUYER CONTACT AN ATTORNEY IF SUCH
BUYER DOES NOT LINDERSTAND THE LEGAL. CONSEQUENCES OF EXECUTING
THIS AGREEMENT.

26. Notice. FLORIDA LAw CONTAINS IMPORTANT REeUIREMENTS

YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT AGAINST A
CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR
AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE
YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR,
SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL A WRITTEN NOTICE
OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND
PROVIDE THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR
DESIGN PROFESSIONALS THE OPPORTUNITY TO INSPECT THE ALLEGED
CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR PAY FOR THE
ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT
ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTOR,
SUPPLIERS, OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES
AND PROCEDURES UNDER FLORIDA LAW, AND FAILURE TO FOLLOW THEM
MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.

27. Discharge Summary, The Buyer should not execute this Agreement until the
Buyer has received and read the Disclosure I ummary required by Section 689.26, Florida
20

Buyer Initials
Statutes' Buyer hereby acknowledges receipt of the Disclosure Summary and the reading thereof
prior its execution of this Agreement.

IF THE DISCLOSURE SUMMARY REQUIRED BY

SECTION 689.26, FLORIDA STATUTES. HAS NOT BEEN
PROVIDED TO THE PROSPECTIVE BUYER BEFORE
EXECUTING THIS CONTRACT FOR SALE, THIS
CONTRACT IS VOIDABLE, BY BUYER BY DELIVERING
TO SELLER OR SELLER'S AGENT WRITTEN NOTICE
OF THE BUYER'S INTENTION TO CANCEL, WITHIN 3
DAYS AFTER RECEIPT OF THE DISCLOSURE
SUMMARY OR PRIOR TO CLOSING, WHICHEVER
OCCURS FIRST, ANY PURPORTED WAIVER OF THIS
VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S
RIGHT TO VOID THIS CONTRACT SHALL TERMINATE
AT CLOSING.

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Buyer Initials
THIS AGREEMENT SHOULD NOT BE EXECUTED BY THE BUYER(S) UNTIL, THE
BUYER(S) HAVE RECEIVED AND READ THE DISCLOSURE SUMMARY
REQUIRED BY F.S. 689.26.

BUYER(S)

Printed Name:
Date: August 2g ,ZOt7

Print Name:

Printed Name:
Date:
,201

SELLER:

MAC LENNOX PROPERTY, LLC,

a Florida limited liability company

By:

Date: August 29 "20t7

23

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Buver Initials
 PEACOCK LANE HOMEOWNERS ASSOCIATION
DISCLOSURE SUMMARY

I. AS A BUYER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A

MEMBER OF A HOMEOWNERS ASSOCIATION:
("ASSOCIATION").

2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING

THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMLINITY.

3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION:

ASSOCIATION ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. THE
CURRENT AMOUNT OF ASSOCIATION ASSESSMENTS IS $ PER MONTH.
YOU WLL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE
ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. THE
CURRENT AMOUNT IS $N/APERN/A.

4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE

MLINICIPALITY, COIINTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO
PEzuODIC CHANGE.

5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A

MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A LIEN ON YOUR
PROPERTY.

6. THE DEVELOPER ISELLER] MAY HAVE THE RIGHT TO AMEND THB RESTRICTIVE
COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE
APPROVAL OF THE PARCEL OWNERS,

7, THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY

IN NATURE, AND AS A PROSPECTIVE BUYER, YOU SHOULD REFER TO THE
COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE
PURCHASING THE PROPERTY.

8. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE

OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS
LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE
DEVELOPER.

THIS DISCLOSURE MAY BE EXECUTED IN COI]NTERPARTS, A COMPLETE SET OF WHICH

SHALL FORM A SINGLE DISCLOSURE SUMMARY.

Buyer: Date:

Buyer: Date:

Seller: Mac Lennox Property, LLC, a Florida

limited liability company

Authorized Agent of Seller

Date:

23

Buyer Initials
 t14C
N/A

PEACOCK LANE HOMEOWNERS ASSOCIATION

NOTICE OF
RESIDENTIAL SWIMMING POOL SAFETY ACT N/A

The undersigned Buyer is hereby notified that effective October 1, 2000, the Preston de
Ibern/McKenzie Merriam Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes (the
"Act"), went into effect. The Act was enacted by the legislature as a result of, among other things,
their findings that swimming pools are the leading cause of death for young children and significant
cause of death for those 65 years and older, The Act sets forth certain pool safety feature and
disclosure requirements regarding drowning prevention and pool ownership.

All new residential swimming pools, spas, and hot tubs must be equipped with at least one
pool safety feature as specified the Act, designed to deny, delay or detect unsupervised entry in to a
swimming pool, spa or hot tub, in order to reduce drowning a near-drowning incidents.

The Act also requires that the State of Florida Department of Health be responsible for
producing its own or adopting nationally recognized publication that provides the public with
information on drowning prevention and the responsibilities of pool ownership and also for
developing its own or adopting a nationally recognized drowning prevention education program
for the public and for persons violating the requirements of the Act. As of the date hereof, no
publication has been prepared or adopted, but at the recommendation of the State of Florida
Department of Health, Seller has delivered to Buyer, and Buyer hereby acknowledges receipt of a
copy of the United States Consumer Product Safety Commission publication entitled "Safety
Barrier Guidelines for Hor Pools" which provides information on drowning prevention and the
responsibilities of pool ownership. The following are such provisions of the Act;

Definitions: (a) "Approved safety pool cove/' means a manually or power operated safety pool
cover that meets all of the performance standards of the American Society for Testing and
Materials (ASTM) in compliance with standard F1346-91; (b) "Barrier" means fence, dwelling
wall, or non-dwelling wall, or any combination thereof, which completely surrounds the
swimming pool and obstructs access to the swimming pool, especially access from the Home or
from the yard outside the barrier; and (c) "Exit alarm" means device that makes audible,
continuous alarm sounds when any door or window which permits access from the Home to any
pool area that is without an intervening enclosure is opened or left ajar.

515.27 Residential swimming pool safety feature options; penalties. (1) ln order to pass final
inspection and receive a certificate completion, a residential swimming pool must meet at least one of
the following requirements relating to pool safety features:

(a) The pool must be isolated from access to a home by an enclosure that meets the
pool barrier requirements of 515.29;
(b) The pool must be equipped with an approved safety pool cover;

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Buyer Initials
 (.) A11 doors and windows providing direct access from the home to the pool must
be equipped with an exit alarm that has a minimum sound pressure rating of 85
dB A at 10 feet; or
(d) All doors providing direct access from the home to the pool must be
equipped with a self-" closing, self-latching device with a release
mechanism placed no lower than 54 inches above the floor.

(2) A person who fails to equip a new residential swimming pool with at least one pool safety
device feature as required in subsection (1) commits a misdemeanor of the second degree,
punishable as provided in s. 775,082 or s" 775.083, except that no penalty shall be imposid if
the person, within 45 days after arrest or issuance of a summons or a notice to appear, has
equipped the pool with at least one safety feature as required in subsection (1) and has
attended a drowning prevention education program established by s. 515.31. However, the
requirement of attending a drowning prevention education program waived if such program is
not offered within 45 days after issuance of the citation.
5I5.29 Residential swimming pool barrier requirements" (1) A residential swimming pool
barrier must have all of the following characteristics;

(^) The barrier must be at least 4 feethigh on the outside.

O) The barrier may not have any gaps, openings, indentations, protrusions,
or strucfural components that could allow young child to crawl under,
squeeze through, or climb over the barrier.

G) The barrier must be placed around the perimeter of the pool and must be
separate from any fence, wall, or other enclosure suffounding the yard unless
the fence, wall or other enclosure or portion thereof is situated on the
perimeter of the pool, is being used as part of the barrier, and meets the barrier
requirements of this section.

(d) The barrier must be placed sufficiently away from the water's edge to prevent
a young child or medically frail elder person who may have managed to
penetrate the barrier from immediately falling into the water.

(3) Gates that provide access to swimming pools must open outwards away from the pool and
be self-closing and equipped with self-latching locking device, the release mechanism of
which must be located on the pool side of the gate and so placed that it cannot be reached by
a young child over the top or through any opening or gap. (4) A wall of a dwelling may serve
as part of the barrier if it does not contain any door or window that opens to provide access to
the swimming pool. (5) A barrier may not be located in a way that allows any permanent
structure, equipment, or similar object to be used for climbing the barrier.

515.31 Drowning prevention education program; public information publication (1) The
Department of: Health shall develop a drowning prevention education program, which shall
be made available to the public at the state and local levels and which shall be required as set
forth in s.5I5.27 {2)for person in violation of the-pool safety requirements of tiris chapter.
The department may charge a fee, not to exceed $100, for attendance at such a program. The
drowning prevention education program shall be funded using fee proceeds, state funOs

Buyer Initials
appropriated for such purpose, and grants. The department, in lieu of developing its own
program, may adopt a nationally recognized drowning prevention education program to be
approved for use in local safety education programs, as provided in rule of the department.
(2) The department shall also produce for distribution to the public at no charge, a publication
that provides information on drowning prevention and the responsibilities of pool ownership.
The department, in lieu of developing its own publication, may adopt a nationally recognized
drowning prevention and responsibilities of pool ownership publicition, as provided in rule
of the department.

THE TINDERSIGNED BIJYER HEREBY ACKNOWLEDGES THAT THIS DISCLOSURE

WAS PROVIDED TO BUYER IN ACCORDANCE WITH THE ACT.

BTryER BUYER

Date: Date:

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Buyer Initials
 PEACOCK LANE HOMEOWNERS ASSOCIATION
NOTICE, DISCLOSURE and DISCLAIMER

MOLD, MILDEW, FUNGUS, SPORES AND CHEMICALS

THE HOME YOU ARE PURCHASING CONTAINS MATERIALS WHICH CONTAIN OR

ARE AFFECTED BY MOLD, MILDEW, FLINGUS, SPORES AND CHEMICALS. THE
WATER. POWDERS, SOLIDS AND INDUSTRIAL CHEMICALS IN THESE MATERIALS
CAN AND DO CAUSE IV{OLD, MILDEW, FLINGUS AND SPORE FORMATION WHICH
MAY CAUSE ALLERGIC AND OTHER ADVERSE BODILY REACTIONS IN CERTAIN
INDIVIDUALS.

Mold is a type of fungus. It occurs naturally in the environments and it is necessary for the
natural decomposition of plant and other organic material. It spreads bymeans of microscopic
spores borne on the wind and is found everywhere life can be supported, Residential home
construction is not and cannot be designed to exclude mold spores. If growing conditions are
right, mold can grow in your home.

In order to grow, mold requires a food source, a temperate climate, and moisture. Food
sources include many materials used in residential construction; such as carpet fiber, dryi;vall,
wood and insulation to name a few. The best growth occurs at temperatures between 10 and
100 degrees Fahrenheit, a range most homes will be in IO0% of the time" Spills, leaks,
overflows, condensation and high humidity are common source of moisture. While outside
humidity cannot be controlled, moisture in the home is the only mold growth factor that can
be ' controlled somewhat in a residential setting, Good housekeeping home maintenance
practices can minimize moisture in the home, and are essential in the- effort to prevent or
eliminate mold, growth. What can you do: Even though the complete elimination of mold and
mildew in our J climate is virtually impossible, there are steps that you can take to reduce the
occurrence of mold growth in your home. These steps may include the following:

e Before bringing items into the home, check for

signs of mold, Potted plants, furnishings, or
stored clothing and bedding materials as well as many other household goods could alieady
contain mold growth.
o Regular vacuuming and cleaning will help reduce mold levels.

' Try to keep the humidity in your home low. This is diffrcult if not impossible in our climate,
but running the air conditioning will remove excess moisture in the air and facilitate evanoration
of water from wet surfaces,
' NotifY us immediately of any roof or plumbing leaks that wet the carpet or other building
materials such as dry wall or insulation. Note: depending on the circumstances these leaks may
be covered by your wananty, even though mold or mildew is excluded from the warranty.
o Inspect condensation pans (air conditioners and refrigerators)
for signs of mold growth, and
take notice of musty odors and any other visible signs of mold

27

Buyer Initials
' Promptly clean visible mold and mildew; there are many products on the market specifically
designed to clean and destroy mold and mildew.

Mac Lennox Property, LLC's ("Seller") responsibility as a home builder must be limited to things
that we can control. As explained in our written warranty provided by separate instrument, Seller
will repair or replace defects in our construction (defects defined as a failure to comply with
reasonable standards of residential construction) for the applicable number of years, Seller; the
homebuilder, will not be responsible for any damage caused by mold, mildew, fungus, spores, or
any other agent or chemical that might be present in any building material used in construction or
that may become present or associated with any defects in our construction, to include but not
limited to property damage, personal injury, adverse health effects or illnesses, loss of income.
emotional distress, death, loss of use, loss of value, or any other effects. In regards to mold,
mildew, fungus, spores or any other agent or chemical, any implied warranties, including implied
warranty of workmanlike construction, an implied warranty of habitability, or an implied warranty
of fitness for a particular use, are hereby waived and discraimed.

This notice, disclosure and disclaimer agreement is hereby appended to and made part of the
Construction/Purchase Agreement and adopts the Arbitration Agreement found in the
Construction Agreement and/or Arbitration Addendum, The consideration for the agreement shall
be the same consideration stated in the Construction/Purchase Agreement. The Buyer(s)
acknowledge receipt of the notice and disclaimer agreement, [ (we) have carefully read a1d
reviewed its terms, and agree to its provisions.

Date:

Buyer(s):

MAC LENNOX PROPERTY, LLC,

a Florida limited liability company
Seller

By:

28

Buver Initials
 PEACOCK LANE HOMEOWNERS ASSOCIATION

DEED INSTRUCTION SHEET

We' the undersigned, are providing the following information

relating to the purchase of Lot
i""t"@
documents deed are to be prepared.
-'Block_inPlatofosceolaParkandthemannerinwhichallclosing
It is understood that if vesting information is changed after
the documents have been prepared,
additional charges may be incurred.

All documents will be prepared exactly as indicated below. Please be sure

all information is correct
ano comDlete.

PLEASE PRINT OR TYPE ALL INFORMATION EXCEPT

SIGNATURES

BUYER

Full legal name, including middle initial, if used:

Marital Status (Married or Single):

Relationship to co-Buyer (Husband/wife/Father/Sister/Etc.):

Prefix or Suffix (Jr., Sr., Etc.):

CO-BUYER

Full legal name, including middle initial. if used:

Marital Status (Married or Single):

Relationship to co-Buyer (Husband/wife/Father/Sister/Etc,):

Prefix or Suffix (Jr., Sr., Etc.):

Tenant in Common? YES NO
Joint Tenants: YES NO
29

Buyer Initials
Deed to be held in Trust? (circle one); yES NO

Is this home going to be your primary Home?: yES NO

BUYER(S):

Date:

30

Buyer Initials
 ADDENDUM NO.-TO AGREEMENT OF PURCHASE AND SALE

PROPERTY. LLC
'O*OAOX
THIS IS AN ADDENDUM TO THAT CERTAIN AGREEME,NT
OF PURCHASE
AND SALE DATED
BY AND
BETwEEN sprrB*,
ffi nc aNo eu(*RTEMENr')
"iu'
FOR- LOT
";;;
BLOCK
-_glcEou.
OTHER SUCH IMPROVEMENTS TO BE CONSTRUCTED
THEREON.
n HoHaB
^_,1*S:.^g1
Subject to and in accordance with the terms and conditions
hereinafter set forth,
Seller and Buyer agree as follows:

1'' superseding Agreement' The provisions of this Addendum are a material

consideration for the Seller to enter into the Agreement
to which this Addendum is
attached and such provisions supersede and preemlt
any and all different or inconsistent
provisions in the Agreement.

The terms and conditions of this Addendum are incorporated

in and shall constitute a part of
the Agreement.

By signing this Addendum, Buyer(s) agrees to all terms of the

arbitration agreement and waive
your right to a jury trial or class action litisation.

MAC LENNOX PROPERTY, LLC,

a Florida limited liability company

By:
Authorized Agent

Print Name and Title

Date of Execution:
,20 Date of Execution: )o

31

Buyer Initials
 PEACOCK LANE HOMEOWNERS AS SOCIATION

NON-SOLICITATION ADDENDUM TO AGREEMENT OF PURCHASE

AND SALE

reement of Purchase and Sale between MAC

nd,as
eement") concerning Lot
_ , Block

Subject to and in accordance with the terms and conditions

hereinafter set forth, Seller and
Buyer agree as follows:

1. Buyer(s) acknowledges that Buyer(s) has purchased the Unit

as referenced above while
visiting Buyer(s) hereby confirms that Buyer was not solicited in
Buyer's resident state for this sale.

The terms and conditions of this Addendum are incorporated

in and shall constitute a parl of
the Agreement,

MAC LENNOX PROPERTY, LLC,

a Florida limited liability company

By:
Authorized Agent

Print Name and Title

Date of Execution:
Date of Execution: 20

Date of Execution:
,20

)L

Buyer Initials