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25. All negotiations and agreements of whatsoever kind preceding the date of this instrument are deemed to be merged herein, this
<br />instrument containing the entire agreement of the parties, and the same shall be amended except upon the written change order or
<br />other modification agreement signed by all parties.
<br />26. Final inspection and acceptance by the governmental authority having jurisdiction over building in the area shall be conclusive
<br />evidence of completion of the improvements and fulfillment of the Seller's obligation hereunder.
<br />27. TIME: The Purchase and Sales Agreement price is guaranteed to the Buyer(s) provided the start of construction occurs on or
<br />before 60 days from the date hereof. Should the start of construction be delayed beyond the above referenced date by Buyer($), or by
<br />reason of ruling, regulation, Acts of God, action or inaction of any governmental authority, or by any reason or cause not the fault of the
<br />Seller, then the purchase price may be adjusted to include any price changes and any additional costs incurred by the Seller, or
<br />Buyer(s) may, at their option, withdraw from this agreement and receive a return of deposits excluding monies paid for plans, permits,
<br />appraisals, and other costs Incurred by Seller.
<br />28. This is a legally binding Purchase and Sales Agreement and if the Buyer(s) do not understand this purchase and sales agreement,
<br />Buyer(s) should seek legal advice.
<br />29. Until an approved officer of Highland Holdings, Inc., executes this Purchase and Sales Agreement this Purchase and Sales
<br />Agreement is not binding to the Seller.
<br />30. WARRANTIES: Seiler is hereby providing the Buyer with the warranty contained in the most recent edition of the 2-10 Home
<br />Buyers Warranty booklet or an equivalent, as of the date of the execution of this agreement. That booklet has been made available to
<br />the Buyer, and is incorporated by reference, and made a part of this purchase agreement. The warranty contained in the 2-10 Home
<br />Buyers Warranty booklet is the sole warranty provided to the Buyer. Any other warranty or warranties, whether express or implied, are
<br />disclaimed by the Seller and waived by the Buyer, unless otherwise prohibited by particular state law.
<br />31. EXCLUSIVE REMEDY AGREEMENT: You have accepted the express Limited Warranty provided in the 2-10 Home Buyers
<br />Warranty booklet or an equivalent, and all other express or implied warranties, including any oral or written statements or
<br />representations made by the Seller or any other person, and any implied warranty of habitability, merchantability or fitness, are hereby
<br />disclaimed by the Seller and are hereby waived by the Buyer, to the extent possible under the laws of your state. In addition, for any
<br />defects excluded from coverage under the Limited Warranty, the Buyer has waived the right to seek damages or other legal or
<br />equitable remedies from the Seller, its subcontractors, agents, vendors, suppliers, design professionals and material men, after the
<br />first anniversary of the Effective Date of Warranty, under any other common law or statutory theory of liability, including but not limited
<br />to negligence and strict liability. The Buyer's only 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 Buyer's home is situated is as provided to the Buyer under this express Limited Warranty.
<br />32. LOSS OF PROPERTY. If any part of the Home is damaged or destroyed by any casualty prior to Closing, if an End Loan or prior to
<br />Modification if a Construction Perm Loan, Seller will have the option to either restore the Home to its previous condition as soon as
<br />possible or not to restore the Home. Seller agrees to notify Purchaser within seven (7) business days of the date of any such casualty
<br />and of Seller's decision to restore or not restore the Home. In the event that Seller elects to restore the Home, then the Closing Date,
<br />or Modification Date, and any other applicable date or deadline will be extended in a reasonable manner by Seller to accommodate the
<br />repairs or construction. In the event that Seller elects not to restore the Home, then this Agreement will terminate and Purchaser will
<br />receive a full refund of all earnest monies and deposits and neither party shall have any further obligation hereunder.
<br />33. WAIVER OF SUBROGATION: Buyer and Seller waive all rights of recovery against each other for damages not covered by the
<br />expressed building warranty, caused by defects in construction by either Seller or sub contractors of Seller, but only to the extent the
<br />damage is covered by insurance purchased and maintained by the buyer. This waiver includes claims which could be made due to the
<br />negligence of the Seller.
<br />34. WAIVER TO JOIN A CLASS: Buyer agrees that Buyer will not voluntarily join, or participate as a member of a class, in any judicial
<br />action alleging, involving or relating to matters which are capable of or subject to arbitration pursuant to this paragraph.
<br />35. SEVERABILITY: If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict
<br />with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or
<br />impaired thereby.
<br />36. RIGHT TO CURE PROVISION: CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST
<br />FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME.
<br />SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A
<br />WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND
<br />PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER
<br />MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO
<br />ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA
<br />LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTEREST. Note: This Florida law also applies to any
<br />demand for Arbitration pursuant to paragraph 18 of this Agreement.
<br />0 Client ID: A33940
<br />CGC058580 ver. 8/11 BUYER(S) INITIALS Page 4 of 9
<br />Raymond L. Givhan Jr. and Victoria Givhan / 36134 Shady Bluir Lp 93a$6
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