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<br /> s� this Contract,or Seller,at Seller's aption, may, pursuant to Paragraph 16,proceed in equity to enforce Sefle�'s
<br /> sao rights under this Contract.The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer,shall
<br /> ss� be split equally befwean Listing Broker and Cooperating Broker;provided however,Cooperating Broker's share
<br /> asz shall not be greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker.
<br /> 333 (b) SELlER DEFAULT: If for any reason other than failure of Seller to make Selle�'s tifle marketabfe after
<br /> s�a reasonable diligent effort, Seller fails, neglects or refuses fo perform Seller's obligafions under this Contract,
<br /> 335 Buyer may elect to receive return of Buyer's Deposit without thereby waiving any action for damages resulting
<br /> sa� from Seller's breach, and, pursuan# to Paragraph 16, may seek to recover such damages or seek specific
<br /> 337 performanoe.
<br /> sss This Paragraph 15 shall survive Closing or termination of this Contract.
<br /> sss 16. DISPUTE RESOt,UTION: Unresalved controversies, claims and other matters in question between Buyer and
<br /> �ao Seller arising out of,or relating to,this Contract or its breach,enforcement or interpretation(°Dispute°)will be settled
<br /> �a� as Follows:
<br /> �az (a} Buyer and Seller will have 10 days after the date conflic�ing demands for#he Deposit are made to attempt to
<br /> 3a3 resolve such Dispute,failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph
<br /> aaa 16(b).
<br /> 345 (b) Buyer and Seller shall attempt to seftle Disputes in an amicable manner through mediation pursuant to Florida
<br /> sas Rules for Certified and Court-Appointed Mediators and Chapter 44,F.S., as amended (the°Mediation Rules").
<br /> aa� The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be
<br /> �as sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 96
<br /> �aa may be resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph
<br /> aso 16 shall survive Closing or termination of this Contract.
<br /> 359 17. ATTORNEY'S FEES; COSTS:The parties wifl split equally any mediation fee incurred in any mediation permilted
<br /> sez by this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in
<br /> sss conducting the mediation. In any litigation permitted by this Contract,the prevailing party shall be entitled to recover
<br /> s�a from the nan-prevailing party c�sts and fees, including reasonable attorney's fees, incurred in conducting the
<br /> sss litigation. This Paragraph 17 shall survive Closing or terrnination of this Contract.
<br /> ase STANDARDS FOR REAL ESTATE TRANSACTIONS{"5TANDARDS")
<br /> s� 18. STANDARDS:
<br /> ase A. TITLE:
<br /> 359 (i) 'TITLE EVIDENCE; RESTRICTIOWS; EASEMENTS; LIMITATIONS: Within the time period provided in
<br /> sso Paragraph 9(c),the Titfe Commitment,with legible copies of instruments listed as exceptions attached thereto,shall
<br /> �s� be issued and delivered to Buyer. The Title Commitment shall set forEh those matters to be discharged by Seller at
<br /> aes or before Closing and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance
<br /> �ss in the amount of the Purchase Price, shall be issued to Buyer insuring Buye►'s marketable title to the Real Property,
<br /> 3sa subject only to the following matters: (a) comprehensive land use plans, zoning, and other land use restrictions,
<br /> �s prohibitions and requirements imposed by govemmental authority; {b) restrictions and matEers appearing on the
<br /> ass Plat or otherwise common to the subdivision; (c)outstanding oil, gas and mineral rights of recQrd without right of
<br /> 367 entry; (d) unplatted public utility easements of record (located contiguous to real property lines and not more than
<br /> sse 10 feet in width as to rear or front lines and 7 1/2 feet in width as to side lines); (e)taxes for year of Closing and
<br /> sss subsequent years; and (fl assumed mortgages and purchase money mortgages, if any(if additional items, attach
<br /> a�o addendum); provided,that,none prevent use of Property for RESIDENTIAL Pl3RPOSES. If there exists at Closing
<br /> 371 any violation of iterns idenfified in(b)—(fl above,then the same shall be deemed a title defect.Marketable title shall
<br /> a�z be determined accarding to applicable Title Standards adopted by authority of The Florida Bar and in accordance
<br /> 373 with law.
<br /> s�a (ii) TITLE EXAMItJATION:Buyer shall have 5 days after receipt of Title Commitment to examine it and nofify Seller
<br /> s�s in writing specifying defect(s), if any, Ehat render ti�le unmarketable. If Seller provides Title Commitment and it is
<br /> a�6 delivered to Buyer[ess than 5 days prior to Cl�sing Date, Buyer may extend Closing for up to 5 days after date of
<br /> sn receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period"} after
<br /> s�e receipt of Buyer's notice to take reasonable diligent efforts to remove defects.If Buyer fails to so notify Seller,Buyer
<br /> 379 shall be deemed to have accepted title as it then is. lf Seller cures defects within Cure Period, Seller will deliver
<br />� seo written nofice to Buyer(wi#h proof of cure acceptable fo Buyer and Buyer's attorney)and the parties will close this
<br />' aei Contract an Closing Date(or if Clos9ng Date has passed, within 10 days after Buyer's receipt of Seller's notice). If
<br />� aez Seller is unable#o cure defects within Cure Period,then Buyer may,within 5 days after expiration of Cure Period,
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<br /> Buyer's Inftials�� Page 7 of 12 Sellers Initials��,T--
<br /> - F(oridaRealtors/FloridaBar-ASI&5 Rev.4/17 0 2017 Florida Realtors�and The Florida Bar. All rigMs reserved.
<br /> Thia eoEtware ia liceaaed eo (Kelli Rymaa - BINc�FiAM REALTY, I1PC.] orww,tran�actioadeek.com. ��Sfp�BtFORMS'
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