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25.All negotiations and agresments of whatsoever kind preceding#he date of this instrument are deemed to be merged herein,this ;
<br /> instrument containing the entire agreement of the parties,and the same shal!be amended except upan the writien change order or
<br /> other madificatian agreement signed by ail parties. �,
<br /> 26. Final inspeetion and acceptance by the govemmentai autttority having Jurisdictian ove�bullding in the area shall be conclusive �
<br /> evidence of completion of ihe improvements and fulfi(Imer�t of the Seiler's obiigation hereunder. '
<br /> 2T. TlME: The Purchase and Sates Agreement price is guaranteed ta the Buyer(s} grovided the stark of consiruction occurs on or �
<br /> before 60 days from the dste hereof. Should the start of construotion be deiayed beyond the abave referenced date by Buyer(s},or by �
<br /> reason o€ruling,regulatton,Acts of God,action or ir�action of any govemmentai authority,ar by any reason or cause not the fiault af the i
<br /> Sellar, lhen #he purchase ptice �rtay be adjusted to include any price changes and any ec2di#ianal costs incuRed by#tte Selter, or
<br /> Buyer(s) may,at thelr option,withdraw from this agreement and receive a return of deposits excluding monies paid for plans,perrnits,
<br /> appraisals,and other costs incurred by Seifer.
<br /> 28.This is a legally binding Purchase and Sales Agreemes►t and if the Buyer(s)da not understand this purchase and sales agreement,
<br /> Buyer{s)should seek legal advice.
<br /> 29, Unii! ar� approved o�icer of Nighlend Hotdings, i�tc., executes this purchase and Safes Agreement this Putchase and Sales
<br /> Agreement is not binding to the Seiler.
<br /> 30. WARFfAAtT1ES: Selter is hereby providing the 8uyer with the wamanty Contained in the most recent edition of the 2-10 Home
<br /> Buyers Warranty�booklet or an equivatent,as of the date of the execuda�of this agreement. Thai booklet hes been made av&ilable to
<br /> the Buyer,and is incorporated by reference,and rnade a part of thls purchase agreement The warranty contained in the 2-10 Nome
<br /> Buyers Warranfy boaklet is the sale warranty provided t�the Buyer. Any other warranty ar warranties,whether express or Impiied,are
<br /> disclaimed by i#�e 3eller and wafved by#he Buye�,unless otherwEse prc�hibited by particular state iaw.
<br /> 3i. EXCLUSIVE REMEQY AGREEMEM': You have accepied ihe e�ress �imlted Warranty provided in the 2-10 Home Buyers
<br /> Warranty booklet or an equivalent, and aif other e�ress ar impfiied warran#es, inciuding any ora} or written stafements ar
<br /> representatians made by the Selter or any other person,and any tmp(ied wananty of habitabiliiy,merchantability or fitness,are hereby
<br /> disclaimed by the Seller and are hereby waived by the Buyer,ta the extent passible under the laws o#ynur stata. In addition,for any
<br /> defects excluded fram caverage under the Limited Warranry, the Buyer has waived the right to seek damages or other legel ar
<br /> equitabie rerttecll+es fro�n ihe Se{let', its subcontraetors,agents,vendors,suppliers, design professianals and materiai men, after the
<br /> first anniversary af the Effective Date of Warranty,under any oiher oommon law ar statutary theory ot liabillty,Enctuding bu#nat!ltnited
<br /> to negligence and s#rict liabi�ity. The Buyer's onty remedy in the event of a defect in or to the Buyer's home or in or to the�eal property
<br /> an which the 8uyer's hame is site�ated is as provided to the Buyer under this expsess Limited Warran#y.
<br /> 32.�OSS OF PROPEA7Y.lf any part of the Home is darnaged pr destrayed by any casualty prior to Closing,if an�nd Loan ar prior to
<br /> Modification if a Construc6on Perm Loar�,Selier wiU have the aption ta either restore the Home to its p�evious condition as soon as
<br /> possible or not to restore the Home. Se11er agrees to notify Purchassr within seven{7}business days af the date of any such casualty
<br /> and of Sellers decision to restore or not restore the Nome. in the aven!that Seiler elects#o restore fhe Horne,then the Closiag Date,
<br /> or Modificatian Date,and any o#her appticable date or deadline will be e�dended in a reasanable manner by Seller to accommodate the
<br /> repaics ar cansttuct�on. in Ehe event that Selter etects not ta restore the Ftome,then this Agreement wifl terminate and Purchaser wili
<br /> receive a full rafund of a11 eamest monles aRd deposits and neither party shall have any further c�bEigaiion hereunder.
<br /> 33.WANER OF SLtBRt3GATCON: Buyer and Seller waive a11 rights of recovery against each other for damages not covered by the
<br /> expressed besllding wananty,causec3 by defects in constrcfction by either SeiEer o�sub cantractars af 5eiler,bot oniy to the e�en#the
<br /> damage is covered by Insurance purchased and mainffiined by the buyer. 1'his waiver includes daims which could be made due to the
<br /> negligence of the Selier,
<br /> 34.WAIVER T�JL?IN A C!_ASS: Buyer agrees that 8uyer wi11 not volunta�ly Ja1n,or participate as a memt�r af a class,in any}udic�al
<br /> action aileging,i�volving or relating to matters which are capeble of or subject ta arbItration purs�ant to tiiis paragraph.
<br /> 35.SEVERA8ILITY: t#any provision or provisions of tt�is Agreemeni shati be hetd io be invalid,itlegal,unenforceab(e ar in conflict
<br /> witt►the law af any jurisdictian,the validiiy, legality and enforceability of ihe remaining pravisians shal!no2 in any way be a#ecied or
<br /> impaired thereby,
<br /> 36. RtGFlT TQ CURE PROVtS10N: CJ�APTER SS8,�LOREDA Si'ATUTES CONTAtNS IMPt3RTANT REQUIREMENTS YOU idfUST
<br /> FOLLOW BEFOI�E YdU MAY BFltNG ANY LEGAL ACTl1?N FOR AN A�I.EGED GONSTRtiC7EON DEFECT !1� YOUR HdME.
<br /> SIXTY DAYS BEFORE YOU BFiING ANY LEGAl.ACTIQN,YOU MUS7 DEUVER TO TWE Oi'HER PARTY TQ THIS CONTRACT A
<br /> WR�i"fEN NOTiCE REFERREt3G TO CHAPTER 558 UF ANY CQNSTRUCTtON CONDITtONS YOU AL�.EGE ARE DEFECTtVE AND
<br /> PRQ1fIQE SUGH PERSQN THE CaPPOH't'UNITY TO iNSPECT THE Atl.EGED CONSTRUCI'tC1N DEFECTS AMD TO CONSiDfEi
<br /> MAKING AN OFFER TQ REPA(R OR PAY FOR THE AL#.EGED CONSTRUCT{ON DEFECTS. YQ!!ARE NOT OBLIGATED TO
<br /> ACCEPT ANY ClFfEA WHICH MAY BE MADE.THERE ARE STRICT DEAbLINES AND PROCEDURES UND�R THIS F�ORIDA
<br /> LA►W WHiCti MllST BE NtET AND FCiL�,OWED Ttl PR07ECT YOUR tNTERfST. Note: This Fiorida Iaw also applies to any
<br /> demand for Arb9tration pursuant to psragraph t 8 of.this Agreemen�.
<br /> C
<br /> °��� Client t�:A36486
<br /> CGC05B580 ver.8111 BUYER(S}INITIA�S � � Pag$4 0#9 Ra�ty
<br /> Casamassima and Amado tVavas/36304 deita Goid Ct. $ASB
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