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12. , ��wner,•or'Owners,joinUy and severally,as the case may be,shall be personally responsible to Contractor for all amounis due Contractor hereunder.All amounts due Contractor hereunder shall accrue interest at the maximum interest rate allowed by law(currently 18%per annum)from the due date thereof until paid and should it become necessary for Contractor to collect said payments through an attomey,Owner hereby agrees to pay all costs of such collection,including a reasonable attomey's fee.The words"Owne�'or"Owners"whenever used herein,shall mean the singular or the plural according to the number of owners shown on page 1 hereof,and each Owner hereunder shall be jointly and severally responsible for all amounts due to Contractor and conditions and covenants of Owner hereunder 13. FINAL INSPECTION:Upon substantial completion of the home,Owner shall have the opportunity to attend a formal presentation of the home with Contractors representative during which any incomplete work or defects shall be itemized and the itemized list shall be signed by Owner and Contractor.If Owner does not inspect the home at that time,Owner shall have waived Owner's right to such inspection.Contractor shall have a reasonable time to perform the work necessary to complete or correct those items on the signed,written list. 14. DELIVERY OF POSSESSION:Possession of the home shall be delivered to Owner after the Certificate of Occupancy has been issued and all sums due Contractor under this Agreement have been paid in full.Owner shall in no event take possession or be entitled to take possession of the home prior to that time. � 15. SUBSTITUTIONS:Contractor agrees to construct the home in substantial compliance with the Specifications.Contractor shall have the right to substitute substantially equivalent , materials for any of those called for in the Specifications and to make such other modifications to the home or substitutions as may be required due to shortages in supplies or materials or as may be required by appropriate local authorities or any construction lender,or as may be reasonabiy necessary to fulfill the design intent of Contractor. 16. OWNERSHIP OF PLANS, SPECIFICATIONS, ETC.: Any and all plans, blueprints, illustrations, specifications or copyrighted or copyrightable interests produced or created by Contractor in connection with the construction of the home shall be and remain the sole and exclusive property of Contractor 17 In the event that the above listed total price is increased by any change or addition to the plans or specifications or for any other reason,the full amount of such increase(or any other monies owing the Contractor that are not provided by a deposit or mortgage proceeds)shall be due and payable to the ConVactor on the date of the change order;provided,however,that upon � the request of the Owner,the Contractor,at its option,may agree to the payment of all or any part of such amount in equal monthly installments over a period not to exceed one year(12 months) such installments to include principal and interest at eighteen per cent(18%)per annum until paid in full;provided however,that no such monthly installments shall in any event be less than $50.00.Owner or Owners shall execute a negotiable installment promissory note to Contractor evidencing any such amount due and the terms provided above and providing for the acceleration of the maturity or due date of the unpaid principal and interest at the option of the holder upon default in the payment of any installment of principal and interest. 18. Any other tertns herein to the contrary notwithstanding,if at anytime prior to the actual start of on site construction work,Contractor,in its sole discretion,shall decide(a)that any requirements of any govemment or govemmental agency or authority with respect to the construction of the home herein proposed upon the premises described herein or(b)that elevation, surface,subterranean or other soil conditions with respect to such premises,are such that Contractor's usual methods of construction of the home proposed hereunder are difficult,impossible or I unfeasible financially or otherwise,then Contractor,in its sole discretion,may terminate this contract,retain the nonrefundable deposit to cover Contractor's costs incurred,and Contractor shall have no further obliga6on to Owner. 19. The total price,sub-total price and amount to be financed shall remain effective for sixty days after the date of this contract,but,if construction does not commence within the said sixty day period through no fault of ConVactor,then the said total price,sub-total price and amount to be financed shall increase to include price increases for the model described herein. I20. Contractor warrants to Owner that beginning at closing of lhe residence("Home")and for a period of one(1)year thereafter the structural components of the Home will be constructed free from substantial or material defects arising from faulty workmanship.In addition,Contractor shall assign to Owner all manufacturer or supplier warranGes that are so assignable.Contractor makes this expressly in lieu of all other express or implied warranties conceming the home sold or to be constructed hereunder and the property sold hereunder or previously purchased from Contractor,and any other representations,statements or promises made by any person are unauthorized and are not binding upon Contractor.All other warranties with respect to the home and the property hereunder are hereby disclaimed,to the extent permitted by law,whether implied or arising by operation of law,course of dealing,custom and practice,or otherwise,including,but not limited to,any warranties of habitability,merchantability,and fitness for particular purpose;and Owner represents that Owner has read and understood this provision,and that Owner understands and agrees that,by entering into this contract and accepting the benefits of the limited warranty described above,Owner has knowingly relinquished any and all other warranties of any kind or nature regarding the home and the properiy.Owner may purchase a ten year structural Home Buyers Warranty insured by New Home Warranty Insurance Company(NHWIC).Owner understands and agrees that Contractors one year warranty excludes all items covered by the said Home Buyers Warranty if purchased by Owner. In the event of a conflict between the provisions of Builders construction agreement and the provisions of the"Structural Home Warranty,the provisions of the"Structural Home Warranty"will control." 21. Construction Industries Recovery Fund Disclosure. Payment may be available from the Construction Industries Recovery Fund if you lose money on a project performed under a contract where the loss results from specified violations of Florida law by a state licensed contractor For information about the Recovery Fund and filing a claim,contact the Florida Construction Industry Licensing Board at the following telephone number and address:CONSTRUCTION INDUSTRY LICENSING BOARD•ATTN:RECc�VERY FUND�7960 ARLINGTON EXPRESSWAY, SUITE 300•JACKSONVILLE,FLORIDA 32211-7467•Telephone:(904)727-6530.Owner hereby acknowledges that Contractor provided Owner with the Notice of Consumer Rights Under The Construction Industries Recovery Fund as required by Section 489.1425,Florida Statutes. 22. Pre-suit Mediation.Any controversy or claim arising out of or related to the Contract,or the breach thereof,that has not been resolved in accordance with the provisions of this Contract,shall be referred initially to non-binding mediation as a condition precedent to litigation of a claim between the Contractor and the Owner as to any matter or claim arising out of the ConVact.The parties shall make a good faith effort to resolve the dispute at this non-binding mediation stage to avoid the unnecessary time and expense associated with formal binding litigation. Owner and Contractor shall share equally in the costs associated with the services of the mediator.Should Owner and Contractor reach a settlement of the dispute at mediation,the terms of the settlement shall be set forth in a written settlement agreement signed by an authorized representa6ve of the Owner and Contractor prior to the conclusion of the mediation.Should Owner and Contractor be unable to resolve their dispute under the mediation procedure set forth above,the dispute shall be decided by the court of appropriate jurisdiction in Hillsborough County,Florida; provided,however,in the event it is necessary for Contractor to foreclose on its construction lien,then such IitigaGon shall be filed in the county in which the subject property is located.The parties expressly waive any and all right to trial byjury in any action(s)between or involving them.This clause shall survive closing. SEVERABILITY:In the event any part,term,sentence,clause or provision of this Agreement should be held to be invalid or unenforceable,such invalidity or unenforceability shall not affect in any way the remainder of this Agreement,not otherwise invalid or unenforceable,all of which shall continue,neveRheless,in full force and effect. FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A CONTRACTOR, SUBCONTRACTOR,SUPPLIER,OR DESIGN PROFESSIONAL FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME.SIXTY(60)DAYS BEFORE YOU FILE YOUR LAWSUIT,YOU MUST DELIVER TO THE CONTRACTOR,SUBCONTRACTOR,SUPPLIER,OR DESIGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS.YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS,SUPPLIERS,OR DESIGN PROFESSIONALS.THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW, ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTY�ER LEGAI�LY REQUIRED PA�'MEN'�S, TH� PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO I PAY. FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES,YOU CONSULT AN ATTORNEY. HA 00009139 Page 3 of 3 All State Homes,Inc. wne s initials