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2b.A1t negotiatians and agreements of whatsoever klnd preceding Ute date af#his instrument are deemed io be merged herein,this <br /> instrument containing the entlre agreement of the parties,and the same shaii he amended except upon the written change order or <br /> ather modificatlon agreement signed by all parties. <br /> 26.Fnai inspection arid accepfance by the govammentai authority having jurisdiction over buitding in the area sha(t be conciusive <br /> evidence af completion of the improvements and fulfillment of the Seller's obligation hereunder. <br /> 27.77ME:The Purchase and Saies Agreement prlce is guaraMeed to the Buyer{s}provided the start of canstruction occurs an or <br /> before 60 days irom the date hereof, Should the staR af construction be delayed beyond the above referenced date by Buyer(s),or by <br /> reason of ruling,regulation,Acts of God,action or inaction of any govemmental aUthority,or by any reason or cause not the fauR of the <br /> 5e!!e►,tt�en ihe purctsase prica may be adjusted to inciude any pdce changes and any addltionai costs incurred by the 8eiler,or <br /> 8uyer{s}may,at their ap8on,withdraw from this agreernent and receive a retum of deposits exciuding monies paid for ptans,permits, <br /> apprafsafs,and other costs incurred hy Selier. <br /> 28.Th�s is a tegatly binding Purc3tase and Sa�es Agreement and if fhe Buyet(s}do not understand this purchase and sales agreemen#, <br /> Buyer(s)should seek legal advice. <br /> 29. Until an approved o#Acer of Highiand Holdings, fnc.,executes thls ?urchase and Sates Agreement this Purchase and Sales <br /> Agreement is not binding to ths Setter. <br /> 30.WARRANTlES: SeAer is hereby providing the guyer with the watranty contatned ln She mast recent edition of the 2-t0 iioma <br /> Buyers Wamanty boolciet or an equivatent,as af the date of ttse execufion of this agreemen� Thst baokiet has,been made aveitab�e to <br /> the Buyer,and is incotporated by reference,and made a part af this purchase agreement. The warranty eontafned in the 2-10 Home <br /> Buyers Warranty booklet is the sole warranty provided to the Buyer. Any other warranty or warranUes,whether express or implied,are <br /> disctalmed by the Selter and wahred t�y fhe Suyer,untess othernise prohibited ay particular state Iavr. <br /> 31 EXCLUSIVE REMEDY AGREEMENT: You have accepted the eatpress Umited Warranty provided in the 2-10 Home Buyers <br /> Warrenty booklet or an equivatent, and all other express or imptied warranties, inctuding any oral os wriMen sffitements or <br /> sepresentatians made Dy the Setler or arry other person,and any impiiec!wananty af habita6ili#y,merchantability or fitrress,are hereby <br /> disclaimed by the Selter and are hereby wafved by the 6uyer,to the exlent possihle under the laws of your state. In addition,for any <br /> defects exduded ftom coverage under the Limited Warranty,the Buyer has weived tha right to seek damages or olher legal or <br /> equlEable remedies Sram the Selier,its subcontractars,agents,venHors,suppAer&,design grofessionals and materia!mea,after the <br /> first anniversary of the Effective Date of WarreMy,under any other common law or statutory ttreory of Iiabiiity,inctuding but not limited <br /> to negligence and strict liability The Buyer's anly remedy in the event of a defect in or to the Buyer"s home or in or to the real property <br /> on which the Buyet's home is situaied is as provided tp ths Buyer undet Shis express C.imited Wamanty. <br /> 32.LO5S OF PFiOPERTY.If any part of the Home is damaged or destroyed by any casuaity prior ta Closing,'rf an End Loan or prior to <br /> Modiflcation if a ConsVucUo�Perm l.oan,Seller wfll have the option to either restore the Home to its previous condRion as soon as <br /> posslble or nat ta restare the Home. Se1lsr agrees to notify Purohaser wfthin seven{7}business days of the date af any such casuafty <br /> and of Seite�'s deasion to resiore or not restore ihe Home. in the event that SeOer elects to restore the Home,then the Closing Date, <br /> or Modiflcation Date,and any other applicable date or deadline wi11 be e�ctended in a reasonabie manner by 8eller to accommodate the <br /> repaiss or consuuction. !n the event that Seiler elects nat to restore the Fiome,then ihis Agreement wift tetrniaate and Purchaser wit! <br /> receive a fu11 refund af a!I eamest mon3es and dapastts and neittrer party shalt have any further obJigatton hereunder. <br /> 33.WAIVER OF SUBROGATION: 6uyer and Seller waive all dghts of recovery against each other for damages not covered by the ' <br /> expressed buiiding warranty,caused by defects in construetlon tay eithsr Seller or su6 contractors af Se21er,but onty to the eadent the <br /> damage is covered by insurance purchased and maintained by the buyer. This waiver includes clairns wfiich could be made due to the <br /> negligence of the 9eller. <br /> 34.WAIVER TO dOtN A CLASS: 8uyer agrees that Buyer wiit not votuntarily join,or part3apate as a member of a ctass,in any judlciai <br /> action alleging,involving or relating to matters which are qpable of or subject to arbivation pursua�t to this paragraph. <br /> 35.SfVERABIl.ITY: tf any prov3sion or pravisians oE this Agreement shall he held to be invalid,it(egat,unerdorceabte or in corGflict <br /> with the law of any jurisdiction,the va8dity,legality and enforoeability af the remaining provisions shall not in any way be affected or <br /> impaired thereby. <br /> 36.RiGHT TO CURE PRdViStON: CffAPTER 558,�LOAiDA STATUTES CONTAtNS IMPORTANT RE4UIREMENTS YOtJ MUST <br /> FOLLOW BEFOflE YOU MAY SRING ANY LEGAI,ACTION FOR AN ALLEGED CONSTRUC710N DEFECT IN YOUR HOME. <br /> SIXTY pAYS BEF{?RE YOU BRIfiG ANY GEGAL AC710N,YOt!MUST i�ELNER TO 7fiE OTMER PARTY Td TN15 GONTRAC3 A <br /> WRITTEN NOTICE REFERRtNG T4 CtfAPTER 558 bF ANY CflAISTRiICTiOF!COHDRIONS YOU ALLEGE ARE DEFECTCVE AND <br /> PROVIDB SUCH PERSON THE QPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER <br /> MAKING AN OFFER TO REPAIR QR PAY FOR TNE ALLEGED CONSTRUCTlON DEFEC7S. YOU ARE NOT QeLIGATED TO <br /> ACCEPT Al+1Y OFfER VYHICH N(AY BE�DADE.'iHERE A#tE STRICT DEADT.INES AND PRQCEDURES UNDER THtS FI.ORIDA <br /> LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTEREST. Note:This Florida law also applies to any <br /> demand for Arbftretlon pursuarrt to paragraph 18 0}this Agreement <br /> � ,� <br /> CGC058580 ver.B/t t BUYER(S):INIIIALSM,�'`,,;Y�„=,�, Ptage 4�of 9 7252 <br /> Raymi Pabon/36122 Shady BIUH I.p 865g <br /> I <br />