property information package...property information package. the seller / debtor, & great...

57
PROPERTY INFORMATION PACKAGE ABSOLUTE REAL ESTATE AUCTION 52 St George Street, St. Augustine, Florida 32084 Thursday, February 20, 2020 @ 11:00 A.M. Contact Jena Baker-Dennis [email protected] www.gerealty.us 904.823.3456 Office 904.806-4274 Mobile Page 1 of 57

Upload: others

Post on 15-Jul-2020

4 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

PROPERTY INFORMATION PACKAGE ABSOLUTE REAL ESTATE AUCTION

52 St George Street, St. Augustine, Florida 32084

Thursday, February 20, 2020 @ 11:00 A.M. Contact Jena Baker-Dennis [email protected]

www.gerealty.us 904.823.3456 Office 904.806-4274 Mobile

Page 1 of 57

Page 2: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Disclaimer Statement Absolute Real Estate Auction

Commercial/Residential Property 52 St. George Street

St. Augustine, FL. 32084 Thursday, February 20, 2020 @ 11:00AM ET

THIS PROPERTY INFORMATION PACKAGE HAS BEEN PREPARED SOLELY FOR

INFORMATION PURPOSES TO ASSIST A POTENTIAL BIDDER IN DETERMINING

WHETHER THEY WISH TO PROCEED WITH AN IN-DEPTH INVESTIGATION OF THE

PROPERTY. THE SELLER / DEBTOR, ITS AGENTS, & GREAT EXPECTATIONS

REALTY SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY,

EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THIS

PROPERTY INFORMATION PACKAGE OR OF ANY OF ITS CONTENTS. ALL

FINANCIAL INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES

ONLY. THE PROPERTY IS BEING SOLD IN "AS IS," "WHERE IS" CONDITION AS

OF THE DATE OF THE AUCTION THEREON. THE SELLER WILL MAKE NO

AGREEMENT TO ALTER, REPAIR OR IMPROVE THE PROPERTY. THE SELLER /

DEBTOR, & GREAT EXPECTATIONS REALTY DISCLAIM ANY WARRANTY,

GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT,

EXPRESS OR IMPLIED, CONCERNING THE PROPERTY DISCUSSED IN THIS

PROPERTY INFORMATION PACKAGE. THE SELLER / DEBTOR, & GREAT

EXPECTATIONS REALTY, HAVE ONLY LIMITED KNOWLEDGE OF THE

CONDITION OF THE PROPERTY. THE PURCHASE OF THE PROPERTY WILL BE

BASED SOLELY ON A BUYER'S OWN INDEPENDENT INVESTIGATION AND

FINDINGS AND NOT IN RELIANCE ON ANY INFORMATION PROVIDED BY THE

SELLER / DEBTOR OR GREAT EXPECTATIONS REALTY.

Page 2 of 57

Page 3: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Table of Contents

I. Executive Summarya. Property Summary

b.History & Analysis of Propertyc. Location Maps

d. Aerial/Property Photographse. Historical Photos

II. Survey & Elevation CertificateIII. Zoning Information

IV. Title Information & CommitmentV. General Terms & Conditions of Sale

VI. Real Estate Sales Contract

Page 3 of 57

Page 4: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Site Information 52 St. George Street St. Augustine, Fl. 32084 PROPERTY SIZE .09 Acres/4105 Sqft Lot

3,857 Sqft Building 1st Floor Retail Space / 2nd & 3rd Residential/Office Space

via Fee Appraisal 1998ZONING HP-3; Historic Preservation 3

FLOOD ZONE Zone AEPer Saint Johns County Flood Zone Map

201 REAL ESTATE TAXES INFORMATION

$9,528.22 Strap No. 197390-0000 Tax Assessed Value $594,194

ACCESS / FRONTAGE 35+ Feet of St. George Street Frontage

LOCATION Prime Location on one of the Oldest Streets in the US Nestled between St. George Street & Spanish Street in Heart of Historic

Downtown St. Augustine

UTILITIES Electric - provided by Florida Power and Light Water / Sewer - provided by City of St. Augustine Utilities

Disclaimer: The information above has been obtained from sources deemed reliable. While we do not doubt the accuracy, we have not verified it and make no guarantee, warranty or representation about it. Any projections, opinions, assumptions or estimates used are for example only and do not present the current or future performance of the property. It is your responsibility to independently verify the accuracy and completeness of the information.

AUCTION DATE/TIME Thursday, February 20, 2020 at 11AM

AUCTION LOCATION Onsite at 52 St George Street St. Augustine, Fl. 32084

AUCTION/PROPERTY DIRECTIONS

Coming from the North on Ponce de Leon Blvd, turn left ontoOrange Street, follow until you reach Spanish Street and turnright. Property will be on your left.

SCHEDULED PROPERTY TOURS

Mon, Feb 3rd 10AM to 2PM, Thurs, Feb 13th 10AM to 2PM Wed, Feb 19th 11AM to 3PM, Or by Appointment Only

Initial Escrow Deposit: A $100,000 Wire Transfer in US Funds to Paradise Title of St.Augustine, LLC. The Total Deposit required on Auction Day fromwinning bidder is 10% of Contract Price. Therefore, the AdditionalEscrow Deposit required may be in the form of a Business orPersonal Check to Paradise Title of St. Augustine, LLC.

I. Executive Summary

A. Property Summary

Page 4 of 57

Page 5: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

B. History & Analysis of Property

Rodriguez-Avero-Sanchez House

The Rodriguez-Avero-Sanchez House was built in 1762. It was added to the U.S. National Register of Historic Places on April 16, 1971.

Fernando Rodriguez, sergeant in the Spanish Army at the Castillo de San Marcos Fort, built his house on this site during the first Spanish occupation (1565-1763). In 1760, he commissioned Juan Perez, Master Builder, to add the northeast coquina room to his earlier wooden house. Antonia Avero inherited this property from Rodriguez in 1762 and fled to Cuba just before the British occupation of St. Augustine.

After the twenty year British occupation (1763-1783) Antonia was unsuccessful in reclaiming her "Little House of Stone." It was sold at public auction to Juan Sanchez in 1791 during the second Spanish occupation of St. Augustine.

Restoration of this house was begun in 1958 by Mr. and Mrs. Walter Scott Grawbuck, directed by Mr. William Jordan Daniell. The St. Augustine Historical Restoration and Preservation Commission, a Florida State Commission, authenticated this site and house historically and archaeologically in 1962. Its history and building plans are registered in the Library of Congress by the Historical American Building Survey.

Page 5 of 57

Page 6: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 6 of 57

Page 7: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 7 of 57

Page 8: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 8 of 57

Page 9: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

-

ARCHAEOLOOICAL AND ARCHITECTURAL INVESTIGATIONS AT 52 ST. GEO:OOE ST.

'!\lo archaeological investigations were undertaken in 1961-1962, following

an earlier architectural examination of the structure at 52 St. George Street. The

architectural examination was made in 196o as a part of the process of measuring and

recording the house for the Historical American Buildings Survey, under the direction

of Professor William A. Stewart of the University of Florida College of Architecture,

and the sponsorship of the St. Augustine Historical Restoration and Preservation Com­

mission. At that time the relationship of early masonry work to later wood construc­

tion was studied.

In November, 1961, Commission Archaeologist Robert H. Steinbach was able to

undertake a partial analysis of the floor area of the northeast room {A) during floor

repairs. The nineteenth century wood floor joists rested on bricks which in turn

rested on a badly dete1"lorated tabby floor. Cultural material here dates 1820-186o.

A second tabby floor was beneath this, resting on a crushed shell base, yielding

cultural material of the period 1770-1790. Six inches of sand below yielded a small

sample, tentatively datable 1700-1750.

A more thorough investigation of this room and the adjacent one to the south

was made possible in November, 1962, when twentieth century store windows were removed

from the east wall and all wood floors taken up. Evidence of an earth floor (below

two tabby floors) was uncovered, with a coquina threshold for its south door

(originally an exterior door).

The southeast room (B) had only one tabby floor, in superior condition,

indicating a short period of use and construction subsequent to Room A.

Additional doors to the street, and to the rear, were discovered in the

east and west walls of Room A, both added at the time of the top tabby floor, ca. 1790.

Page 9 of 57

Page 10: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 10 of 57

Page 11: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 11 of 57

Page 12: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 12 of 57

Page 13: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 13 of 57

Page 14: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 14 of 57

Page 15: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 15 of 57

Page 16: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

C. Location Maps

Page 16 of 57

Page 17: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

D. Aerial/Property Photographs

Page 17 of 57

Page 18: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 18 of 57

Page 19: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 19 of 57

Page 20: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 20 of 57

Page 21: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 21 of 57

Page 22: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 22 of 57

Page 23: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 23 of 57

Page 24: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

E. Historical Photos

Page 24 of 57

Page 25: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

t;:;�

!!J\,i

� 11)

>-

ili ��

��

� VJ

t

MAP

SHO

#fN

G SU

RVE

Y OF

CCMIJ.IENCE"

AT A

N IRCW

PIP£ 6£

/NC

THE IN

TEN

S£Cll

CW OF

THE

NO

RTH LIN

E OF Ct

/NA S11i'EC

T IHT

H TH£

£AST UN

£ OF

SPA

NISH STR

££l;

RIIN T

HENCE

A O

ISTANCE

OF'"

FE'ET A

lt:WC

A

Hi)

l#T

H THE E

AST U

N£ OF

SAID SP

ANISH S11i'££

T TlJ A

N IRON

PIPE.;

RUN

TH£N

C£ EA

STFRl Y

ANO

ALO

NG T

HE NORT

H UN£

OF A

PROPE

RTY

NO

W OR flJl?N

ENt.. Y

OF WA

INR/(ii(

T A

OISTA

NCC OF

751 FE

£T

ro A

N IRON

PIP£.·

RUN T

H£NCC

SOUT

HER/. Y

A OI

STANCC

CY" 1.8

FE£T F

OR

TH£

POINT OF

BCC

INN

INC

OF T

H£ U

NO H

E'RCIN 0£

SCRIBC

O.

TO AN

IRON P

IP£, B

C/NC

THE S

OUT

Hl+CST

CORNffl

OF A

.KJHNSTVN

E PR<:IPOiTY, ll(

IN T

HENCC

EASTUlt.

Y A

LOIVC

AN

O 111

TH THE

SOUT

H UIVC

OF T

HE JOHNSTlW

E f'ROP£RTY

A OI

STANCC

OF 66.

6 FffT,· ll(

IN T

HENCC

NOR

THER/.

Y A

lOIVC

THE .Kl'fNS

TVNE P

ROPERTY

A OI

STAN

CC OF

a6 FE£

!: ll(

IN THEN

CE EA

STU

lt. y A

lOIVC

THE .JOH

NSTVNE P

ROP£1/TY

A D

ISTAN

CE OF

24. 7

FffT,• R

UN

THEN

CC N

ORT

HER/. Y

A

LON(;

THE SA

/0 .D-

INSTONE PROP£

RTY A

DISTA

NCE O

F 2.

5.5 FCC

/; N(JN T

HENCE

EA

STERlY

AU)NC

THE JOH

NSTON

E PR

OP£RTY

A DI

STANCE

OF . U.

7 ITET TO

AN IRON

PIP£

lOCAlr

D O

N TH

E #CS

T SIOE OF

ST CC

ORCC SIR'ff

T, A

NO 8£

1NC T

HE SOUT

HEAST CORN

ffl OF

THE .JOH

NSTVN

E PROPERTY:

ll(IN

THEN

CC SOU

IHERI. Y

ALO

IVC A

NO

ltlT

H THE

#CS

T UN£

OF ST.

GEORCC

STR£E'

T A DI

STANCE

OF J

4.5 FF

ET TO AN IRON

PIP£

BEWC

Slll/ATED

AT T

H£ CEN

TFR OF

A CCW

MCW

WALL BE

l»CE

N

THE LA

ND HEREIN

OE'SCRl8£

D ANO

T

HAT fY T

HE ST. A

UCIISll

NE HI

STDR/CA.L.

SOOETY;

T

HEN A

lONC

THE CE

NT£1?

OF SA

i() co,,/

MO

N WA

LL IN A CE

NERAlL Y

HES

TO?LY

DIRECTI

ON TlJ

1H£ N

ONT

H#C'S

T CORNER

OF T

HE LANO

or T

H£ ST.

A{.JCt/

STJNE

HISTOO

CAL SOCI

ETY,

A DI

STAN

CE O

F 72.

8 ffC

T,· T

HENCE

CO

NTIN

I.IE K

STERl

YA DI

STANCE

OF 29.

7 fF

ET TO

AN

/R(;W PI

P£ IN

TH£ £AST LIN

£ O

F THE LA

NO OF

WAIN

RICH

!:

THEN

CE R

VN

NOR

TH£Nt.

Y A

LONC

AND M

TH n-t

E EA

ST UN

£ OF T

HE WA

INRIGHT PR

OPCRTY

A OI

STANCE

or 2

9..$ f'CET

TO n-t

E PO'NT

or BE

C/NNINC

OF T

HE LANO HERON

IJ£SCR

l8£o.

TOGE

THER

ltlT

H AN

EA

SDl£N

T FOR

INCRESS

ANO

EGRESS

ACR

OSS A

PA

RT OF LO

T 12, 8t

. OC1( 12,

AS SHO

"" U

PON

TH£

Of

T1C1Al U

AP OF C

ITY OF

ST. A

UCVS17

NE; FLORI

DA.

ALEO

.A/NE l92J.· SA

ID EA

SDiEN

T HA

�NC

/JffN RaE

R/£D AND

8ET7V?

DESCRI

BED

IN ()fftJ B

OOK 2

18.

PAGE JJ.

Pll8U

C RE

CORD

S OF

ST. .KJI-I

NS cotJ

NTY. n

CW/OA

.

,, I

LAND

S 0£SCRl8£0

IN

a:FIC

IAL KCORO

S 8

00K J.1

14 ANO

PACE 2

"'1

x_

...:.:_

--

-�. J!!2t:P

lANO

S 0£SCRIBE

D IN

OfT

1C1A

l RECORD

S B

OOK 2

06J

AN

O P

AGE

105'

CCR

17A

ED TO

: CR

A #6UCK H

O,UES.

INC

P

ARAOISE

TIT

LE or ST.

AlJCI.

ISllN

E. lL.C

CH

ICACO ll

llE IN

SUR

ANCE

COIIPA

N'r'

� ll 7

�•w

t':i1NU

.. a

l a2

·

LANDS 0£

SCRl8£

0 IN

OF

nCf

Al RECORDS

8

00K 8

71 ANO

PACE

61

5,137

.R.(S)

rp_;v

•E

35.-16

cove

WA

LL ,, ,,

.h ,_

, 2

/J.-�·

07

.,. ,; �

THREE

STOR

Y

MAS

ONR

Y/

l=:

/0 fl

!/7.1900000

FR

AME

B

I./ILOING ,1'

52

"'� , 2

7.1•

2.6'1

NMJ(S)

�20

LAND

S OESCRIB

ED IN

OfT

1C1Al RE

CORDS

BOOK 2

06.:J A

NO

PACE

f(}..54

£ANO

S 0£SCRJ8£

0 IN

OfT

1C1Al RE

CORDS

800K

871 A

NO

PACE 61

I I \ L

£C

EN

O

A,A:'

/0.

AIR

CCN/Jf

TTONEl'

PAO

ID£N

fV1CA TT

ON

RES.

-l/£SIOENCE

f

-

CENTERUN

E

I.I)

=-1

p� ��

<'!

½

��

�"I

� .....

�I

��

N.A

. v.o.

­

n.

I. P.(

F) I.R.

{F,)

LR.(

S} <u,

NORTH

IERlTCAl.

OATI/

M

SOV

ARCl'EF

T

+

-DENO

TCS NO

T TV SCAL

E

f;;l

-W

A TEN ll£TER

CR

AP

HIC

S

CA

LE

IH(N

PfP£ flJ//N

O

RON ROD

FOIIN1)

5/B' IR<N

ROD SE

T (PSN

'4620

) -

IKXlJ PO

IIER P.aLE

SE

IIER

VAL IE

a.£

.ANOIIT

lE1.D'HON£

RYSER

-£JtFOSED

CONC1i'£1C

-C

Ol€RE

DARE

A

®

-IIEU.

-

CHE

--

OIERH£AO llE

ClTHC

D

-CA/Jt£

TVRf

s:&

--

CVY

ANQ(/71

©

-

EZECTRI

C METC

R ¢

-

I.AAIPPOS

T

AR

EA

=

aO

B .±

A

CR

ES

20

0

w-w-w1

171

4, 1J8

,t, �

-"

· 1·=

20

'

� l

� I

n

ii , -

i! ¥: l �

<

ih .,� ! i � � I iU

lr, 1�I �111 1Ii;

��

: � i i

l!� i o "'

I i i .

� �

� It • :!

1.i ,i �g

rJ ! ' .. .,

� ihls �; l:i i h

! �

<

i Ht·t

�r

'•

lo.U

� � --�"� "!),t

"'�;.I ljl!

g� � ;.,l

z£ ; 1 '" �

! �

<::

•q

U-s ' r d H

= � ' 1 �1-l

·��� L-11�}

rr:u

lli"'r:'. 1!

l.,�t, og; �:1

i;�· .i!

!Ii! ��

i,§� � �i�

�lll�� i �� .. �il t!:!�

�I:!

i>..c:,I:! � � !!ii i!, 12

��

ii!,

t},

i; �t!iH!!�i �j i?

'-��� ! �� e�fII;/

;i�� ,�1� �i� i 1;;�l�d ... ti1§ i��IU

ii�"� ?; !1 ::}

. .....

i l � i� g i � h

li !ll ����ild

'!! i,;{ ;112

i12 �hh

i!§�i

} Um

f �t!� l�i ..

,-..; . ':

'-;;_

i:it :

i i'

r-;

• ..

-•

\ [ i� : i i i-

11 � •; 1i !r f! t

:� rn �t i�t l!

"' i! .,,;t

�· H

' , , -· :�i ;

-=

�,., •..... ,§ t! J f : ! t : ;"' � t l ! � i \ :

t

i�;ltilh;�

� = t ; �i !

Ii

¥ !•

t : � 1rt

ii � ! 1 : i

� m H jl •; it

llll1II!

\ 1 l • r

�i l •

H -•

II. Survey & Elevation Certificate

Page 25 of 57

Page 26: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 26 of 57

Page 27: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 27 of 57

Page 28: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 28 of 57

Page 29: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 29 of 57

Page 30: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 30 of 57

Page 31: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 31 of 57

Page 32: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Sec. 28-181. - Purpose.

The historical heritage of the city is one of its most valued and important assets. It is therefore the purpose of the historic district regulations:

(1) To safeguard the heritage of the city by preserving the district(s) which reflect noteworthyelements of the cultural, educational, social, economic, political and/or architectural history.

(2) To educate the citizen to realize, understand, and appreciate the city's rich heritage.

(3) To stimulate a greater awareness and sense of pride in the founding of the city and thecontributions it has made to the state and nation.

(4) To develop an atmosphere and feeling of old, historic St. Augustine by encouraging thepreservation and restoration of historic structures within the districts.

(5) To improve the environmental quality and overall livability of the historic section of St.Augustine.

(6) To stabilize and improve property values in the district and to allow uses that encourage therestoration and conservation of historic sites and structures.

(7) To promote the use and preservation of the district for the education, welfare and pleasure ofresidents of St. Augustine and St. Johns County, and of the state and nation as well.

(8) That these aforementioned goals and objectives of the historic district be achieved andimplemented through the establishment of and enforcement of the general district guidelinesand specific district regulations.

(Code 1964, § 33-31)

Sec. 28-185. - Historic preservation district: HP-3.

Intent. This district is intended to provide a mix of commercial and residential uses that will encourage the restoration and reproduction of historic structures and maintain the historic and pedestrian scale of the neighborhood.

(1) Boundaries. This district is bounded as follows:

a. North. Commence at the intersection of Castillo Drive and Cordova Street; thence easterlyto San Marco Avenue; thence southerly along San Marco Avenue to the intersection of theprojection of a line running along the northern boundary of the Castillo de San MarcosNational Monument Reservation; thence easterly along this projection line to MatanzasRiver or Bay.

b. East. Matanzas River or Bay.

c. South. Hypolita Street easterly to Charlotte Street; thence northerly along Charlotte Streetto Cuna Street; thence easterly along Cuna Street to the Matanzas River or Bay.

d. West. Cordova Street between Hypolita Street and Castillo Drive.

(2) Permitted uses and structures:

a. Single-family.

b. Multifamily.

c. Tourist homes and bed and breakfast inns.

d. Retail sales (excluding rental of motorized vehicles):

1. New.

III. Zoning Information

Page 32 of 57

Page 33: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

2. Antique.

3. Souvenir.

4. Gift.

5. Craft such as specialty food stores (including beer and wine but not supermarkets),clothing and toy and hobby shops, bookstore and newsstand, stationery and cardshops, leather goods and luggage, jewelry (including repair but not pawn shops), artand photographic supplies, cameras, florist or gift shop, sundries and notions,business office supplies, records and tapes, furniture, art supplies and similar uses.

e. Service. Restaurants with lounges; interior decorator; hair salon; photographic, art, craft,dance or music studios; tailoring; catering and clothing rental.

f. Museums.

g. Professional and business offices.

h. Rooming and boarding houses.

i. Housing for the elderly.

j. Home office, private.

(3) Permitted uses by exception:

a. Fowl and hoofed animals in the area of HP-3 district bounded as follows: On the south byHypolita Street; on the east by Charlotte Street; on the north by Orange Street and AvenidaMenendez; on the west by Spanish Street; provided the fowl and hoofed animals are usedsolely for display purposes in accordance with the purpose and intent of the historic districtregulations without any sale, resale or commercial use thereof.

b. Cocktail lounges, taverns.

c. Home occupations.

d. Hotels/motels/inns.

e. Special event venue as per section 28-347(8).

f. Hostels.

(Code 1964, § 33-34; Ord. No. 90-36, § 1, 2-11-91; Ord. No. 03-17, § 3, 6-23-03; Ord. No. 15-02, § 1, 12-14-15; Ord. No. 16-06, § 3, 2-8-16)

Sec. 28-188. - Lot, yard and height requirements for historic preservation districts 1, 2 and 3.

(a) All new buildings or structures within these historical districts shall conform to the ArchitecturalGuidelines for Historic Preservation of the City of St. Augustine. New construction, wheneverpractical, should conform to old foundation lines in order that the original scale and pattern ofdevelopment can be preserved.

(b) The following lot, yard and height requirements shall be applicable to new construction reflecting theColonial periods in historic preservation district 1 and to all new construction in historic preservationdistricts 2 and 3:

(1) Minimum lot requirements:

a. Minimum lot width, thirty-five (35) feet.

b. Minimum lot area, one thousand seven hundred fifty (1,750) square feet.

(2) Maximum lot coverage by all buildings:

Page 33 of 57

Page 34: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

a. The lesser of seventy (70) percent or seven thousand (7,000) square feet.

b. Main structure, the lesser of two thousand five hundred (2,500) square feet or fifty (50)percent of total lot size.

(3) Maximum and minimum yard requirements:

a. Front. Main building must be located on the street frontage. The main building shall notexceed the lesser of eighty (80) percent of the lot width or forty (40) feet.

1. Secondary buildings which connect to a main building shall be set back the lesser offorty (40) percent of total lot depth or forty (40) feet.

2. Main buildings on the same lot shall be separated by minimum of twenty (20) feet.

b. Rear. Three (3) feet minimum.

c. Side. Three (3) feet minimum, except that Spanish Colonial reproduction structures may belocated on the north property line when no windows or doors are located in the northfacade and there is a six-foot minimum setback on the south property line.

(4) Maximum height of structures:

a. No portion of peaked roof main buildings or structures shall exceed thirty-five (35) feet, twoand one-half (2½) stories. No portion of flat-roofed main buildings or structures shallexceed thirty (30) feet, two (2) stories.

b. No portion of secondary buildings or structures and connections shall exceed fifteen (15)feet.

(c) The following lot, yard and height requirements shall be applicable to new construction reflecting allother architectural styles as permitted in the Architectural Guidelines for Historic Preservation or asapproved by HARB within the allowable list of styles in historic preservation district 1:

(1) Minimum lot requirements:

a. Minimum lot width, thirty-five (35) feet.

b. Minimum lot area, one thousand seven hundred fifty (1,750) square feet.

(2) Maximum lot coverage by all buildings:

a. All structures: The lesser of seventy (70) percent or seven thousand (7,000) square feet asapproved by HARB to be compatible with adjacent properties but not to exceed seventy(70) percent maximum lot coverage.

b. Main structure: The lesser of two thousand five hundred (2,500) square feet or fifty (50)percent of total lot size.

(3) Maximum and minimum yard requirements:

a. Front: Main building must be located between eighty-five (85) and one hundred fifteen(115) percent of the average front setback distance from the front property line establishedby the existing adjacent historic structures facing the same street. For the purpose of thissection, adjacent refers only to structures located along the same street or, for corner lots,only to properties located along the streets which comprise the intersection.

1. When all of the buildings on a given block have an established front setback line, newconstruction must maintain that existing setback line.

2. Secondary structures and garage apartment buildings must be located in the rear fifty(50) percent of the lot.

b. Rear:

1. Five (5) foot minimum for one-story structures.

Page 34 of 57

Page 35: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

2. Ten (10) foot minimum for structures exceeding one story.

c. Side:

1. Three (3) feet or a distance within fifteen (15) percent of the average distancebetween existing historic structures with the same intensity of scale and mass on theblock facing the same street, whichever is greater.

2. When all of the buildings on the block have the same side yard setback, newconstruction must adhere to the established spacing pattern.

(4) Maximum height of structures:

a. No portion of peaked roof main buildings or structures shall exceed a height of thirty-five(35) feet and two and one-half (2½) stories. No portion of flat-roofed main buildings orstructures shall exceed a height of thirty (30) feet and two (2) stories.

b. No portion of secondary buildings or structures and connections shall exceed a height offifteen (15) feet.

(Code 1964, § 33-39; Ord. No. 11-15, § 2, 10-24-11)

Sec. 28-189. - Satellite receiving antennas in historic preservation districts 1 through 5.

It shall be unlawful for any person to own, construct or place a television satellite receive-only antenna in historic preservation districts 1 through 5 or any National Registry District of the City of St. Augustine, Florida, in a manner that shall be visible from any public street, highway or way.

(Code 1964, §§ 23-8.1, 33-40; Ord. No. 03-17, § 7, 6-23-03)

Sec. 28-190. - Outdoor display or sale of merchandise.

Except as provided herein, the outdoor retail or wholesale sale or display of merchandise shall not be a permitted use within HP-2 or HP-3 [districts]. As used herein the term "outdoor" shall mean any area which is outside of the heated or cooled area of a building and visible from a public street. Provided, however, that the outdoor display or sale of merchandise shall be permitted:

(1) In conjunction with and pursuant to any outdoor sale or display of merchandise authorized bythe city commission under section 22-6 of the Code of the City of St. Augustine, Florida; or

(2) When the display is limited to merchandise identical to that actually in stock and available forpurchase on the premises where the display is maintained, the display is limited in size to anarea no greater than five (5) feet high, three (3) feet wide, and three (3) feet in length and is notlocated within six (6) feet of any other such display. No such display may be located within anypublic right-of-way, mandatory building setback under this chapter or so as to interfere with anyfire exit required under any building code of the city. Any display rack, shelves or other deviceused in conjunction with the display of merchandise shall be made of wood which shall haveeither a natural finish or shall be painted only in colors which have been approved by thehistorical architectural review board, or shall be made of brass, copper, bronze, nickel, tin oriron; provided, however, that painted, polished, anodized or chromed metals shall be prohibited.

(Ord. No. 88-55, § 1, 8-22-88; Ord. No. 94-06, § 1, 3-14-94)

Page 35 of 57

Page 36: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

IV. Title Information & Commitment

Page 36 of 57

Page 37: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 37 of 57

Page 38: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 38 of 57

Page 39: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 39 of 57

Page 40: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 40 of 57

Page 41: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 41 of 57

Page 42: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 42 of 57

Page 43: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Page 43 of 57

Page 44: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

GENERAL TERMS AND CONDITIONS OF SALE Real Estate Auction 52 St George Street

St. Augustine, Florida 32084 Thursday, February 20, 2020 @ 11:00AM

Please review this document (“Terms and Conditions”) carefully. In order to be eligible to bid on the Property, a Bidder must sign their Acknowledgment and Acceptance of these General Terms and Conditions of Sale, which will be incorporated into the Real Estate Sales Contract. 1. AUCTION DATE / PLACE / TIME: The Auction (“Auction”) shall be held on Thursday, February 20, 2020, at 52 St George Street, St. Augustine, Florida 32084. The Auction will commence at approximately 11:00 A.M. E.T., and will be performed by Great Expectations Realty. 2. MANDATORY BIDDER REGISTRATION: All Bidders must wire into the Escrow Agent’s Escrow Account, an Initial Escrow Deposit of $100,000.00 no later than 5:00 P.M. E.T., Wednesday, February 19, 2020. (Please contact Christina of Paradise Title of St. Augustine LLC at 904-471-2553 for wiring instructions). (a) Complete, sign and date the attached Bidder Registration and General Terms and Conditions of Sale Packet. (b) Complete and sign the Return of Initial Escrow Deposit Form. (c) Return the above two (2) executed documents no later than 5:00 P.M. E.T., Wednesday, February 19, 2020 to

Great Expectations Realty, 2425 US 1 S St Augustine, FL 32086 (Phone: 904.823.3456; Email: [email protected]).

(d) The required Initial Escrow Deposit, in the amount of $100,000.00 in U.S. Funds, must be wire transferred to Paradise Title of St. Augustine, LLC. and verified by 5:00 P.M. E.T., Wednesday, February 19, 2020.

3. FINAL BID PRICE: The final bid price for the Property shall be determined by competitive bidding at the Auction. The Property is being sold “ABSOLUTE” to the highest Bidder with no minimum or reserve, which will determine Final Bid Price. The Buyer’s Premium of 10% will be added to the Final Bid Price and will determine the Total Purchase Price. This is subject to the Terms & Conditions of the Governing Documents. 4. TOTAL PURCHASE PRICE (FINAL BID PRICE PLUS 10% BUYERS PREMIUM), ESCROW DEPOSITS,

REAL ESTATE SALES CONTRACT: If the Seller, by and through the Auctioneer, accepts a bid (“Successful Bid”) for the Property, then the successful Bidder will be required to execute, as Buyer (“Buyer”), the Real Estate Sales Contract (“Contract”), which has been previously furnished to Bidder in the Property Information Packet, immediately following the bidding and / or no later than the conclusion of the Auction, with no changes / exceptions, and tender the Additional Escrow Deposit so required. The Successful Bidder’s Initial Escrow Deposit stated in item 2 above has been delivered to Paradise Title of St. Augustine, LLC. Attn: Christina Guyette as Escrow Agent, (“Initial Escrow Deposit”) and deposited into their Escrow Account and held in escrow as a required deposit pursuant to the terms of the Contract. 5. ADDITIONAL ESCROW EQUAL TO 10% OF TOTAL PURCHASE PRICE DUE ON DAY OF AUCTION: An Additional Escrow Deposit (“Additional Escrow Deposit”) equal to the difference between 10% of the Total Purchase Price and the Initial Escrow Deposit, will be due immediately following the bidding and / or no later than the conclusion of the Auction via a personal or business check in U.S. funds payable to Paradise Title of St. Augustine, LLC. as Escrow Agent and held in escrow as a required escrow deposit pursuant to the terms of the Contract. EXAMPLE: If the Final Bid Price is $3,000,000, the Buyers Premium of $300,000 will be added to equal the Total Purchase Price of $3,300,000. The Total Escrow Due Upon Successfully Winning the Bid would be 10% of $3,300,000, which is $330,000. The Initial Escrow of $100,000 that was deposited prior to the auction would be credited towards the Total Escrow amount due, making the Additional Escrow deposit Due $230,000 via Personal or Business Check in US Funds by the Close of the Auction. 6. CLOSING AND PAYMENT OF TOTAL PURCHASE PRICE: (a) The Closing (“Closing”) will be on or before Monday, March 23, 2020. The Closing will be coordinated through the

offices of the Settlement Agent; Paradise Title of St. Augustine, LLC, 2225 A1A South, Suite C-8, St. Augustine, FL 32080-0320; Telephone: 904.471.2553; Facsimile: 904.209.6823.

(b) The Total Purchase Price will be due and payable by Buyer at Closing by Wire Transfer of immediately available funds, pursuant to written instructions from the Settlement Agent. Buyer shall receive credit for the Initial Escrow Deposit and the Additional Escrow Deposit, upon clearance, which shall be released from escrow and applied by the Settlement Agent towards the Total Purchase Price at Closing.

Page 44 of 57

Page 45: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

(c) Time shall be of the essence as to Buyer's obligations in these General Terms and Conditions and as described in the Contract.

7. TITLE INSURANCE and ZONING: (a) Seller will procure an Owner’s Title Commitment prior to closing and Policy after closing on the Property for the

Buyer. The premium for the Owner’s Title Policy shall be paid by the Seller. The Commitment has been issued by the Settlement Agent from Chicago Title Insurance Company and will be updated prior to closing. Buyer acknowledges he / she has previously reviewed and approved the Proforma Owners Title Commitment. __________ Buyer Initial

(b) Except as provided for herein, it is understood and agreed that fee simple title to the Property is being sold to the Buyer without representation or warranty and subject to the Permitted Exceptions.

(c) The Seller will convey title by a General Warranty Deed (“Deed”). (d) Title to the Property will be subject to the exceptions set forth in the proposed Commitment (“Permitted

Exceptions”). Buyer agrees to take title to the Property subject to the Permitted Exceptions, among other matters as described in these General Terms and Conditions of Sale and in the Contract. (e) Buyer agrees that the Property is subject to all laws, ordinances, codes, rules and regulations of applicable governmental authorities pertaining to the ownership, use and occupancy of the Property including, but not limited to, zoning, land use, building codes and agrees to take title subject to such matters, and the following permitted exceptions: (i) all covenants, restrictions, easements and agreements of record now on the Property; (ii) all liens for unpaid municipal charges not yet due (iii) the state of facts which would be shown by a current survey or inspection of the Property; (iv) any matter created by or through Buyer; (v) any title matters which Buyer has accepted or is deemed to have accepted as set forth in the Contract; and (vi) such other matters that will not make the Property unusable or unmarketable for commercial and / or residential purposes.

(f) Seller is not obligated to provide to Buyer any survey of the Property. In the event Buyer desires to obtain a survey of the Property, Buyer will be solely responsible to obtain, and pay for, such survey without reducing the proceeds of the Total Purchase Price payable to Seller at the Closing. Buyer shall not have the right to terminate the Contract based upon the results of the survey or upon any survey which Seller may provide to Buyer. 8. INSPECTION OF PROPERTY PRIOR TO AUCTION: (a) Bidder must register and agree to terms and conditions of sale before beginning any due diligence or inspections

on the property. (b) Any costs incurred to inspect the property will solely fall upon the registered bidder and will not be reimbursed in

the event they are not the successful bidder/buyer. (c) Bidder and all associated parties agree to hold harmless the Seller, Great Expectations Realty, and its agents or

representatives in the event of any injuries sustained while on the property or performing any due diligence or inspections.

(d) Any damage done to the property during the inspection or due diligence period will be required to be repaired and paid for by the registered bidder.

(e) Bidder and all associated parties agree that the information provided in the Property Information Package are to be used as a guide, and not deemed accurate or correct. Seller & Great Expectations Realty make every effort to provide information as accurate as possible, but ultimately the Buyer is responsible for verifying all information and condition of Property, because the Property is being sold as-is with No Warranties or Guaranties, Expressed or Implied.

9. BUYER’S ACKNOWLEDGEMENTS: (a) The sale of the Property is an “All Cash” transaction and shall not be subject to any financing, other contingencies,

or post due diligence. (b) The Seller, Crawbuck Homes Inc their representatives, attorneys, agents, and sub-agents, assume no liability for

errors or omissions in this or any other property listing or advertising or promotional/publicity statements and materials. The Seller, Crawbuck Homes Inc and their representatives, attorneys, agents and sub-agents, make no representation or guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and materials. Neither Great Expectations Realty nor the Seller has any obligation to update this information. Neither Great Expectations Realty nor the Seller, their Agents and Sub- Agents, attorneys, Escrow Agent and Settlement Agent, representatives, members, managers or affiliates has any liability whatsoever for any oral or written representations, warranties, or agreements relating to the Property except as is expressly set forth in the Contract.

(c) The Property is sold in its “AS IS AND WHERE IS” condition and with all faults and defects, with no representations or warranties, express or implied. All Bidders are encouraged to inspect the Property prior to placing any bid at the Auction and the Successful Bidder, as Buyer, acknowledges that it has had a reasonable opportunity to inspect and examine all aspects of the Property and make inquiries of applicable governmental authorities pertaining to such matters in connection with the Property as Buyer has deemed necessary or desirable prior to the Auction. Bidders should review all applicable zoning, land use, code compliance,

Page 45 of 57

Page 46: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

environmental matters, physical condition, and any and all other governmental statutes, ordinances, rules, laws and regulations and do such other due diligence in advance of execution of this document and all of the accompanying documents in connection with the purchase of the Property (“Governing Documents”). Please review all Governing Documents carefully, and seek the advice of an attorney.

(d) Competitive bidding is an essential element of an Auction sale, and such a sale should be conducted fairly and openly with full and free opportunity for competition among bidders. Any conduct, artifice, agreement, or combination the purpose and effect of which is to stifle fair competition and chill the bidding, is against public policy and will cause the sale to be set aside. Collusion / Bid Rigging is a Federal Felony punishable by imprisonment and fine. Great Expectations Realty will report all illegal conduct to the F.B.I. and cooperate with any prosecution.

(e) The Property may be withdrawn from the Auction at any time without notice and is subject to prior sale. (f) Seller, in its absolute sole discretion, reserves the right to amend, negotiate, modify, or add any terms and

conditions to these General Terms and Conditions of Sale, the Contract and to announce such amendments, modifications, or additional terms and conditions at any time, including from the Auction Block.

(g) The highest bid shall be the Successful Bid only if same is acceptable to and accepted by Seller, by and through the Auctioneer at the Auction, and as evidenced by Seller and the Successful Bidder, as Buyer, each executing the Contract.

(h) Back-up bids will be received by Seller in Seller’s absolute discretion. Should the Property not close with the Buyer or should the Buyer not comply with any term or condition of any document executed by Buyer in connection with the Property, the Seller will have the option, but not the obligation, to pursue back-up bids.

(i) If you are unsure about anything regarding the Property or the Governing Documents, do not place a bid or participate in the Auction. Review of the Governing Documents and all of the terms and conditions as well as a review of the Property before making any bids is strongly recommended and you will be deemed to have done so on execution of these General Terms and Conditions of Sale.

(j) The fall of the hammer and/or the term "Sold" as stated by the Auctioneer upon the acceptance of the Purchaser’s bid at the close of the Auction is an acknowledgment that such bid is the highest bid, at which time it became a binding agreement to purchase the Property. Whether such bid is accepted is subject to this Agreement, including any announcements made by the Auctioneer. Thereafter, you may not withdraw your bid and you are obligated to execute the Contract.

(k) The Buyer’s Executed General Terms and Conditions of Sale will be attached and made a part of the Contract. In the event a conflict exists between the Contract and the General Terms and Conditions of Sale, then, (i) prior to Buyer’s execution and delivery of the Contract, the terms of the General Terms and Conditions of Sale shall govern and control and (ii) following Buyer’s execution and delivery of the Contract, the terms of the Contract shall govern and control over the General Terms and Conditions of Sale.

10. ANNOUNCEMENTS: Should the Auctioneer, in the Auctioneer’s sole discretion, materially change this Agreement or the Contract by way of announcement from the Auction Block, such new language or modified terms shall supersede and take precedence over all previously written or printed material in this Agreement or the Contract, and any other oral statements made (“a Material Change Statement”); provided however that the Auctioneer shall not be authorized to make any representation or warranty (express or implied) with respect to the Property. Any Material Change Statement shall be repeated twice by the Auctioneer along with the phrase “this is a Material Change,” and notwithstanding anything to the contrary contained herein, any oral statement made by the Auctioneer which does not follow the process provided for in this sentence shall not be considered a Material Change Statement. The Auctioneer has the sole and absolute discretion to make a Material Change Statement at the Auction, including but not limited any announcements that may amend or alter the auction terms, conditions, or procedures that were previously set forth in any written materials. In the event of a dispute over the bidding process or a Material Change Statement, the Auctioneer shall make the sole and final decision and will have the right either to accept or reject the final bid or re-open the bidding. Bidding increments shall be at the sole discretion of the Auctioneer. 11. TELEPHONE BIDDING: Telephone Bidding will be accepted, subject to all terms and conditions of the Auction. Interested bidders must obtain and sign the proper forms by contacting Great Expectations Realty and tender the required Initial Escrow Deposit in advance of the Auction date. 12. DEFAULT: If the Buyer fails to comply with any of these General Terms and Conditions of Sale, the Seller shall retain the required Initial and Additional Escrow Deposits, which shall be considered fully earned and non-refundable, under this Agreement and / or the Contract as liquidated damages and not as a penalty. The Escrow Agent must immediately release the Initial and Additional Escrow Deposits upon request of the Seller. Buyer acknowledges and understands that this provision is enforceable and shall not be deemed a penalty because the damages are not readily ascertainable and generally impossible to calculate under the circumstances. Upon Default and notice of same by Seller to Escrow Agent, Buyer understands and agrees to the immediate release of the Initial and Additional

Page 46 of 57

Page 47: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Escrow Deposit funds to the Seller by Escrow Agent without the requirement of further documentation or consent from Buyer. ___________ Buyer Initial 13. REPRESENTATIONS: All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records. Neither the Seller, Great Expectations Realty it’s Agents and Sub-Agents makes any representation or warranties as to the accuracy or completeness of any information provided. All sizes, dimensions, drawings are approximations only. 14. BROKER PARTICIPATION: Should a Potential Buyer choose to be represented in a lawful relationship in the State of Florida by a Real Estate Broker, The Buyer must identify the Broker prior to registering. The Broker must Register the Buyer at the time of, or Prior to, the Buyer submitting the Completed Registration Packet to Great Expectations Realty. The Broker may request a Broker Registration Form to accompany this packet. 15. ACKNOWLEDGMENT AND ACCEPTANCE: The Undersigned Bidder acknowledges receipt of a copy of these General Terms and Conditions of Sale, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby. Facsimile or electronic signatures will be treated and considered as original. 16. INDEMNIFICATION: Buyer shall defend, indemnify, and hold harmless the Escrow Agent / Settlement Agent / Title Agent, its officers, directors, employees and agents and the Auctioneer, Great Expectations Realty its officers, directors, employees, and agents, from and against any and all claims, demands, causes of action, costs, liabilities, losses, damages, and expenses (including reasonable attorneys and expert witness fees and expenses) (collectively, “Claims”), and by whomever brought, to the extent arising out of or in any way related to (i) the sale of the Property, (ii) the performance of the parties’ obligations under this Agreement; (iii) the physical condition and quality (and express or implied representations regarding such condition and quality) of the Property or any portion thereof, (iv) any breach of these General Terms and Conditions of Sale, Governing Documents, or the Contract; (v) any claim arising from the sale of the Property; (vi) any claim arising from Buyer’s participation in the Auction; or (vii) any other act, omission or representation by Buyer. 17. GOVERNING LAW /JURISDICTION/VENUE: This Agreement shall be construed, enforced and governed by the laws of the State of Florida, without regard to choice of law and similar doctrines. The parties consent to jurisdiction in the State of Florida and venue, for any litigation arising out of this Agreement, shall lie exclusively in the courts of St. Johns County, Florida. 18. WAIVER OF JURY TRIAL: EACH PARTY TO THIS AGREEMENT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THIS AGREEMENT OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER AGREEMENT CONTEMPLATED AND EXECUTED IN CONNECTION HEREWITH, OR ANY COURSE OF DEALING, COURSE OF CONDUCT, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO. 19. ATTORNEY’S FEES: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any provision or provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, whether at the trial court and appellate level, in addition to all other costs associated with the action whether or not the action advances to judgment, in addition to any other relief to which that party may be entitled. 20. ENTIRE AGREEMENT: This Agreement embodies the entire agreement between the parties relative to the subject matter, and there are no oral (except such oral statements as may be made pursuant to Section 10 hereof) or written agreements between the parties, or any representations made by either party relative to the subject matter, which are not expressly set forth herein. To the extent that any of the terms or provisions contained herein differs or conflicts with those contained within the Contract, the Contract shall control. 21. AMENDMENT: Except as expressly provided for in Section 10 hereof, this Agreement may not be amended except by a written agreement executed by Seller and Bidder. THE BIDDER ACKNOWLEDGES AND AGREES THAT THE BIDDER HAS READ ALL OF THE TERMS AND CONDITIONS AND EACH OF THE TERMS AND CONDITIONS CONTAINED IN THE GOVERNING DOCUMENTS AND AGREES TO BE BOUND TO SAME BY BIDDER’S SIGNATURE BELOW.

Bidder # (TBD) Bidder’s Signature Date Time

Page 47 of 57

Page 48: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

REAL ESTATE SALES CONTRACT

Crawbuck Homes Co Inc (“Seller”), and ____________________________________(“Buyer”) hereby agree that the Seller shall sell, and the Buyer shall buy the following described real property (the “Property”) upon the terms and conditions hereinafter set forth in this Real Estate Sales Contract (“contract”) and any Attachments to this Contract.

1. Legal description of Property located in St. Johns County, FloridaSee Attached Exhibit “A”

A/k/a: 52 St George Street, St Augustine, Florida 32084; Strap No.: 197390-0000

2. Total Purchase Price and Payment (U.S. Currency):A. Final Bid Price $_______________________

Plus Buyer’s Premium (10% of Final Bid Price) $_______________________

Total Purchase Price $_______________________

B. Initial Escrow Deposit (paid to Paradise Title of St. Augustine, LLC)

C. Additional Escrow Deposit (paid to Escrow Agent/Settlement Agent with the executionof this contract) $_______________________

D. Balance of Total Purchase Price (to be paid by wire transfer at Closing)$_______________________

E. The Total Purchase Price will be adjusted by expenses, costs and prorations at closing.F. This Contract is Not Contingent upon any matters of any kind including any post due

diligence, or Financing.

3. Closing Conditions:

A. The Closing (“Closing”) will be on or before Monday, March 23, 2020. TheClosing will be coordinated through the offices of the Settlement Agent; ParadiseTitle of St. Augustine, LLC, 2225 A1A South, Suite C-8, St. Augustine, FL32080-0320; Telephone 904.471.2553; Facsimile: 904.209.6823.

B. The Total Purchase Price will be due and payable by Buyer at Closing by Wire Transfer ofimmediately available funds to Paradise Title of St. Augustine, LLC, (“Settlement Agent”),pursuant to written instructions from the Settlement Agent. Buyer shall receive creditfor the Initial Escrow Deposit and the Additional Escrow Deposit, which shall be

$__________100,000_______

VI. Real Estate Sales Contract

Page 48 of 57

Page 49: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

released by Escrow Agent from escrow to Seller and applied by the Settlement Agent towards the Total Purchase Price at Closing.

C. Time shall be of the essence as to: (i) Buyer’s obligation to deliver the Initial andAdditional Escrow Deposits and (ii) Buyer’s obligation to close and deliver the balance ofthe Total Purchase Price on the date of Closing designated above.

4. TitleA. Seller will procure an Owner’s Title Commitment and Policy on the Property for

the Buyer. The premium for the Owner’s Title Policy shall be paid by the Seller. TheCommitment and Owner’s Title Insurance Policy shall be issued by the Settlement Agentfrom Chicago Title Insurance Company. A copy of the proposed Commitment may beattached to this contract.

B. Except as provided for herein, it is understood and agreed that fee simple title to theProperty being sold to the Buyer without representation or warranty andsubject to the Permitted Exceptions.

C. The Seller will convey title by a General Warranty Deed (the “Deed”).D. Title to property will be subject to the exceptions set forth in the proposed Commitment

(“Permitted Exceptions”). Buyer agrees to take title to the Property subject to thePermitted Exceptions.

E. Buyer agrees that the Property is subject to all laws, ordinances, codes, rulesand regulations of applicable governmental authorities pertaining to the ownership, useand occupancy of the Property including, but not limited to, zoning, land use, buildingcodes and agrees to take title subject to such matters, and the following permittedexceptions: (i) all covenants, restrictions, easements and agreements of record now onthe Property; (ii) all liens for unpaid municipal charges not yet due (iii) the state of factswhich would be shown by a current survey or inspection of the Property; (iv) any mattercreated by or through Buyer; (v) any title matters which Buyer has accepted or isdeemed to have accepted as set forth in the Contract; and (vi) such other matters thatwill not make the Property unusable or unmarketable for commercial and / orresidential Purposes.

F. Seller is not providing to Buyer any survey of the Property. In the event Buyer desires toobtain a survey of the Property, Buyer will be solely responsible to obtain, and pay for,such survey without reducing the proceeds of the Total Purchase Price payable to Sellerat the Closing. Buyer shall not have the right to terminate the Contract based upon theresults of the survey.

5. ExpensesA. All closing costs which are not required by law to be paid by Seller will be the

responsibility of, and will be paid by, the Buyer at the Closing. Without limitingthe foregoing, at the Closing, Buyer shall pay for (i) the cost of an owner’s andloan policy of title insurance and related endorsements and all other expenses inconnection with Buyer obtaining a loan, (notwithstanding any of the references in thisparagraph to Buyer obtaining a loan, nothing contained herein shall be deemed to makethe Contract contingent in any manner on Buyer obtaining financing); (ii) settlement

Page 49 of 57

Page 50: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

fees charged by Settlement Agent; (iii) Buyer and Seller shall pay for their own attorney’s fees and (iv) Seller shall pay for the documentary stamps on the deed.

B. Real estate taxes, utilities and other expenses of the Property shall be proratedas of the date of Closing based on the last ascertainable tax bill with dueallowance made for maximum allowable discount.

C. All prorations, including, without limitation, prorations of any and all taxes, fees, utilities and any and all other charges against the Property reflected on the settlement statement executed by Seller are final. No adjustments or payments will be made by Seller after Closing.

D. Compensation for GREAT EXPECTATIONS REALTY as commission ($_____________),which is % of the Final Bid Price and shall be paid by Seller at Closing from Seller’sproceeds received at Closing, if and only if the Closing occurs. Any and all suchcommissions shall be paid only upon closing and funding of the Total Purchase Price.

E. Compensation for __________________________________________ (“Buyer’s Qualifying Licensed Real Estate Broker”) as commission ($_________), which is3% of the Final Bid Price and shall be paid by the Seller at closing from Seller’s proceeds received at Closing, if and only if the Closing occurs. Any and all such commissions shall be paid only upon Closing and funding of the Total PurchasePrice.

F. The parties each represent and warrant to the other that they have not dealt withany real estate brokers, sales associate, licensee, or finders to whom a brokerage commission is due other than as stated in subparagraphs’ 5.D. E. and F. above(collectively "Broker"). If a claim for commission in connection with this transaction is made by any broker, sales associate, licensee or finder claiming to have dealt through or on behalf of one of the parties hereto other than Broker, such party shall indemnify, defend and hold the other party hereunder harmless from and against all liabilities, damages, claims, costs, fees and expenses (including reasonable attorneys’ fees and court costs at trial and all appellate levels) with respect to said claim for commission or other payment of any kind whatsoever. The provisions of this paragraph shall survive the Closing or any earlier termination or cancellation of the Contract notwithstanding any provision hereof to the contrary.

6. Special Clauses:

A. When executed by Seller and Buyer, this Contract shall be binding on all parties,their heirs, personal representatives, successors, and assigns.

B. Paradise Title of St. Augustine, LLC, as Escrow Agent / Settlement Agent shallhold deposits in escrow pending the Closing in a non-interest bearing account. It isagreed that the duties of the Escrow Agent / Settlement Agent are only as hereinspecifically provided and purely ministerial in nature, and the Escrow Agent / SettlementAgent shall incur no liability whatever except for willful misconduct or gross negligence,as long as the Escrow Agent / Settlement Agent have acted in good faith. The Seller andBuyer each release the Escrow Agent / Settlement Agent from any act done or omittedto be done by the Escrow Agent / Settlement Agent in good faith in the performance of

Page 50 of 57

Page 51: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

its duties hereunder, except the parties shall not release Escrow Agent / Settlement Agent from willful misconduct or gross negligence.

If the Buyer fails to comply with this Real Estate Sales Contract, the Seller shall retain the required Initial and Additional Escrow Deposits, which shall be considered fully earned and non-refundable, under this Contract as liquidated damages and not as a penalty. The Escrow Agent / Settlement Agent must immediately release the Initial and Additional Escrow Deposits upon request of the Seller. Buyer acknowledges and understands that this provision is enforceable and shall not be deemed a penalty because the damages are not readily ascertainable and generally impossible to calculate under the circumstances. Upon Default and notice of same by Seller to Escrow Agent / Settlement Agent, Buyer understands and agrees to the immediate release of the Initial and Additional Escrow Deposit funds to the Seller by Escrow Agent/Settlement Agent without the requirement of further documentation or consent from Buyer. The provisions of this Paragraph 6.B. shall survive closing or any earlier termination of this contract.

C. If Buyer fails to perform under this Contract, then, as Seller’s sole and exclusive remedyunder this Contract, the Settlement Agent is hereby irrevocably immediately directedand instructed that the Initial Escrow Deposit and if delivered by Buyer, the AdditionalEscrow Deposit shall be forfeited and paid over to Seller as agreed liquidated damagesin order to compensate Seller for the damages caused by such breach and not as apenalty.

D. In the event of Seller’s default under this Contract, Buyer’s sole remedies shallbe (i) to receive the return of Buyer’s Escrow Deposit(s), at which time the Contact shallcease and terminate and Seller and Buyer shall have no further obligations, liabilities orresponsibilities to one another; or (ii) Buyer must file an action within sixty(60) calendar days to seek specific performance of Seller’s obligation under thisContract. Buyer shall not have any claim against Seller (nor shall Seller be liable) fordamages (actual, special, punitive or otherwise) and hereby waives any such claims.

E. In the event any litigation arises under this Contract, the prevailing party shall beentitled to recover from the non-prevailing party all of their reasonable attorney’s fees,court costs, and expenses, including those incurred on appeal. The provisions of thissection shall survive closing or earlier termination of this Agreement.

F. The risk of loss or damage of such property by fire shall remain with the Sellerup to the time of the Closing and thereafter, on and after the Closing, by the Buyer.

G. The Escrow Agent/Settlement Agent receiving deposit funds or equivalent is authorizedand agrees by acceptance of them to deposit them promptly, holdsame in escrow and, subject to clearance, disburse them in accordance with terms andconditions of this Contract. Failure of funds to clear shall not excuse Buyer’sperformance.

H. The Buyer’s Executed General Terms and Conditions of Sale are attached hereto andmade a part of this Contract. In the event a conflict exists betweenthis Contract and the General Terms and Conditions of Sale, then: (i) prior to Buyer’sexecution and delivery of this contract, the General Terms and Conditions

Page 51 of 57

Page 52: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

of Sale shall govern and control over this contract; or (ii) after execution of this contract by both Buyer & Seller, the terms of this contract shall control.

I. The Property is sold in “AS IS WHERE IS” condition and with all faults anddefects, with no representations or warranties of Seller expressed or implied. The “ASIS” Rider attached hereto as Exhibit “C” is hereby incorporated into this Contract andmade a part hereof for all purposes.

J. This Contract is only assignable to an entity solely owner by Buyer and itspresent principals.

K. See Disclosures attached hereto as Exhibit “B” and made a part hereof.L. This Contract may be executed in counterparts, each of which shall be deemed

an original, but all of which together shall constitute one and the same Contract.This Contract shall not bind Seller or Buyer as an offer or Contract unless a fullexecuted counterpart of this Contract is delivered by Buyer and Seller.Signatures to this Contract transmitted by facsimile transmission, by electronic mail in“portable document format” (“.pdf”) form, or pictorial appearance of adocument, will have the same effect as physical delivery of the paper documentbearing the original signature.

M. The transmittal of an unexecuted draft of this document for purposes of reviewshall not be considered an offer to enter into this Contract until executed bySeller and Buyer.

N. This Contract and the rights and obligations of the parties hereunder shall in allrespects be construed, interpreted, enforced and governed by and in accordance withthe laws of the State of Florida. The partieshereby agree that all actions or proceedings initiated and arising directly or indirectlyout of this Contract and any related documents shall be litigated solely in the courtssituated in St. Johns County, Florida. Buyer and Seller waive any claim that the courtssituated in St. Johns County, Florida, are an inconvenient forum or an improper forumbased on lack of venue.

O. THE PARTIES HEREBY IRREVOCABLY WAIVE THEIR RIGHTS TO A TRIAL BY JURY WITHRESPECT TO ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THISCONTRACT.

P. If any provision of this Contract is held or rendered illegal or unenforceable, itshall be considered separate and severable from this Contract and theremaining provisions of this Contract shall remain in force andbind the parties as though the illegal or unenforceable provision had never beenincluded in this Contract.

Q. Buyer shall not record this Contract or any memorandum of its terms. Thebuyer hereby indemnifies and holds the Seller and Great Expectations Realty harmlessfor all loss, cost or expense, including, but not limited to, attorneys’ fees and coststhrough all trial and appellate levels for Buyer’s breach of this covenant. Theprovisions of this Section 6. Q. shall survive any termination of this Contract.

Page 52 of 57

Page 53: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

IN ACCEPTANCE OF THESE ABOVE TERMS AND CONDITIONS, SELLER AND BUYER HERETO AFFIX THEIR SIGNATURES. FACSIMILE OR ELECTRONIC SIGNATURES SHALL BE TREATED AS ORIGINALS.

Seller: Crawbuck Homes Co Inc

Dated: _______________________ By: ____________________________________

__________________________________________________________________________________ Address City State Zip Telephone Facsimile

_____________________________ _______________________________________ Dated Buyer

_____________________________ _______________________________________ Dated Buyer

__________________________________________________________________________________ Address City State Zip Telephone Email

Escrow Deposits under Paragraph 2 received if other than cash are subject to clearance by Paradise Title of St. Augustine, LLC, (Escrow Agent/Settlement Agent).

Page 53 of 57

Page 54: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

The Land is described as follows:

Commence at an iron pipe being the intersection of the north line of Cuna Street with the east line of Spanish Street; run thence a distance of 159 feet along and with the east line of said Spanish Street to an iron pipe; run thence easterly and along the north line of a property now or formerly of Wainright a distance of 75.1 feet to an iron pipe; run thence southerly a distance of 1.8 feet for the point of beginning of the land herein described, to an iron pipe, being the southwest comer of a Johnstone property, run thence easterly along and with the south line of the Johnstone property a distance of 66.6 feet; run thence northerly along the Johnstone propery a distance of 0.6 feet; run thence easterly along the Johnstone propery a distance of 24.7 feet; run thence northerly along the said Johnstone propery a distance of 2.55 feet; run thence easterly along the Johnstone property a distance of 34.7 feet to an iron pipe located on the west side of St. George Street, and being the southeast comer of the Johnstone property; run thence southerly along and with the west line of St. George Street a distance of 34.5 feet to an iron pipe being situated at the center of a common wall between the land herein described and that of the St. Augustine Historical Society; then along the center of said common wall in a generally easterly direction to the northwest comer of the land of the St. Augustine Historical Society, a distance of 72.8 feet; thence continue westerly a distance of 29.7 feet to an iron pipe in the east line of the land of Wainright; thence run northerly along and with the east line of the Wainright propery a distance of 29.5 feet to the point of beginning of the land herein described.Together with an easement for ingress and egress across a part of Lot 12, Block 12, as shown upon the official map of City of St Augustine, Florida, filed June 1923; said easement having been reserved and better described in Deed Book 218, page 33, public records of St. Johns County, Florida.

Exhibit "A"

LEGAL DESCRIPTION

Page 54 of 57

Page 55: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Exhibit "B"

DISCLOSURES Under the laws of the State of Florida, each prospective Buyer is hereby advised as follows:

(a) Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in abuilding in sufficient quantities, may present health risks to person who is exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health department. The foregoing notice is provided in order to comply with state law and is for informational purposes only. Seller does not conduct radon inspection with respect to the Property, and specifically disclaims any and all representations or warranties (express or implied) as to the absence of radon in connection with the Property.

(b) Mold, Mildew and Other Biological Toxins Disclosure. Under the laws of the State of Florida,Buyer is hereby advised that Mold, mildew and other biological toxins are found both indoors and outdoors. The presence of mold, mildew and other biological toxins may cause property damage or health problems. Additional information regarding mold, mildew and other biological toxins and inspections related thereto may be obtained from your county public health unit or a professional trained in that field. The foregoing notice is provided in order to comply with state law and is for informational purposes only. Seller does not conduct mold, mildew or other biological toxins inspections with respect to the Property, and specifically disclaims any and all representations or warranties (express or implied) as to the presence or absence of mold, mildew or other biological toxins in connection with the Property.

(c) Property Taxes. BUYER SHOULD NOT RELY ON THE SELLER’S CURRENTPROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER’S OFFICE FOR INFORMATION.

Page 55 of 57

Page 56: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Exhibit "C"

Buyer represents and warrants to Seller that Buyer has examined and investigated to Buyer's full satisfaction the Property, and that except as otherwise expressly set forth in this Contract, Seller has not made any warranties or representations (express or implied) concerning the Property or any portion thereof. Buyer acknowledges and agrees that except as otherwise expressly set forth in this Contract the Property is being transferred in its "AS IS" “WHERE IS” with all faults and defects condition and Seller has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, contracts, or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present, or future, of, as to, concerning, or with respect to (a) the value, nature, quality, or condition of the Property, including, without limitation, the water, soil, and geology, (b) the income to be derived from the Property, (c) the suitability of the Property for any and all activities and uses which Buyer may conduct thereon, (d) the compliance of or by the Property or its operation with any laws, rules, ordinances, or regulations of any applicable governmental authority or body, including, but not limited to, compliance with any special use permits or developments of regional impact, (e) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the Property, (f) the manner or quality of the construction or materials incorporated into the Property, (g) the manner, quality, state of repair, or lack of repair of the Property, (h) the existence of hazardous materials, mold, mildew, other biological toxins or governmental requirements at the Property, (i) the existence, quality, nature, adequacy, or physical condition of any utilities serving the Property, (j) the development potential of all or any part of the Property, (k) any leases or occupancy agreements affecting the Property, (l) merchantability or habitability of the Property or (m) any other matter with respect to the Property, and specifically, that, except as otherwise expressly set forth in this Contract, Seller has not made, does not make and specifically disclaims any representations regarding concurrency, or compliance with any special use permits, developments of regional impact, environmental protection, pollution, or land use laws, rules, regulations, orders, or requirements, including the existence in or on the Property of hazardous materials.

Any special assessments, municipal assessments or liens that are due or incurred after Closing will be the responsibility of the Buyer. Seller shall not be required to comply with or bring the Property into compliance with any regulations of any governmental authority, close out any open permits or cure any code enforcement violations and Buyer expressly assumes all responsibility for same.

Except as otherwise expressly set forth in this Contract, Buyer further acknowledges and agrees that having been given the opportunity to inspect the Property, Buyer is relying solely on its own investigation of the Property and not on any information provided or to be provided by Seller and, by Closing and taking title to the Property, the Buyer shall be deemed to have accepted the Property "As Is" "Where Is" with all faults and defects and waived all objections or claims against Seller or Seller’s members, officers, directors, shareholders, employees, members, managers, partners, attorneys, and agents (including, but not limited to, any right or claim of contribution) arising from or related to the Property or to any hazardous materials or biological toxins in, on or under the Property and any claim it has, might have had, or may have against Seller with respect to the condition of the Property, either patent or latent. Buyer further acknowledges and agrees that any information provided or to be provided with respect to the Property was obtained from a variety of sources and that Seller has not made any independent investigation or verification of such information and, except as otherwise expressly set forth in this Contract, makes no representations as to the accuracy or completeness of such information. Except as otherwise expressly set forth in this Contract, Seller is not liable or bound in any manner by any verbal or written statements, representations, or information pertaining to the Property, or the operation thereof, furnished by any real estate broker, agent, employee, servant, or other person. Buyer further acknowledges and agrees that, except as otherwise expressly set forth in this Contract, to the maximum extent permitted by law, the sale of the Property as provided for herein is made on an "AS IS" “WHERE IS” condition and basis with all faults and defects.

AS IS RIDER

Page 56 of 57

Page 57: PROPERTY INFORMATION PACKAGE...property information package. the seller / debtor, & great expectations realty, have only limited knowledge of the condition of the property. the purchase

Except as otherwise expressly set forth in this Contract, Seller is not liable or bound in any manner by any verbal or written statements, representations, or information pertaining to the Property, or the operation thereof, furnished by any real estate broker, agent, employee, servant, or other person. Buyer further acknowledges and agrees that, except as otherwise expressly set forth in this Contract, to the maximum extent permitted by law, the sale of the Property as provided for herein is made on an "AS IS" “WHERE IS” condition and basis with all faults and defects.

Except as provided elsewhere in this Contract, upon closing, buyer shall assume the risk that adverse matters, including but not limited to, construction defects and adverse physical and environmental conditions, may not have been revealed by buyer’s investigations, and buyer, upon closing, shall be deemed to have waived, relinquished and released seller and Great Expectations Realty (and seller’s officers, directors, shareholders, employees and agents, direct and indirect subsidiaries, parents, affiliates, brother-sister entities, and its and their officers, directors, shareholders, members, partners, employees, agents, heirs, trustees, beneficiaries, personal representatives, successors and assigns) (collectively, the “released parties”) from and against any and all claims, demands, causes of action(including causes of action in tort), losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) of any and every kind or character, known or unknown, which buyer might have asserted or alleged against the released parties at any time by reason of or arising out of any latent or patent construction defects or physical conditions, violations of any applicable laws and any and all other acts, omissions, events, circumstances or matters regarding the property except for any breach of a representation or warranty under this Contract which is not otherwise waived pursuant to the express terms of this Contract.

Page 57 of 57