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<br />37. LAND USE AND ENVIRONMENTAL CONDITIONS DISCLAIMERS: Seller has informed Purchaser and Purchaser acknowledges
<br />the following:
<br />A. Easements Affecting the Home. Seller has no control over, and is not responsible or liable for, any easements on,
<br />adjacent to, or in the vicinity of the Home and Purchaser understands that individuals, corporations, and/or utilities or other third parties
<br />may have specific rights granted by those easements, if any, including, but not limited to, access and use of the property described by
<br />the easements, which easement rights may exist whether or not such easements are being utilized at the present time.
<br />B. Control over Adjacent Property. Seller has no control over land which it does not own that is located adjacent to or
<br />In the vicinity of the Home. Seller therefore makes no representations as to what may or may not be developed on adjacent property
<br />or how such property may be used in the future.
<br />C. Future Development in the Subdivision. Seller reserves the right to alter, change, and/or discontinue its pricing
<br />structure and building programs on any property or lots owned or controlled by Seller including, but not limited to, those lots in the
<br />subdivision in which the Home is located(subject to any existing restrictive covenants affecting such property or lots), which alterations,
<br />changes or discontinuation include, but are not limited to, changes from residential land usage to commercial land usage. Purchaser
<br />acknowledges that current development plans for this community are subject to change without notice and Seller makes no
<br />guarantees that any of the components or amenities presently proposed will be a part of the development, or that additional
<br />components or amenities will be added to the development. If some or all of such components or amenities are provided, Seller
<br />makes no guarantees as to the date of availability for use or that current plans will accurately reflect actual construction.
<br />D. Environmental Risks. The Home and its occupants may now or in the future be exposed to various environmental
<br />conditions in or near the Home including, but not limited to, radon gas, electromagnetic fields from power lines and appliances, the
<br />presence of surface and underground utility facilities, and the possibility of air, water and soil pollution. Seller has no expertise
<br />concerning such conditions or any affect they may have on the Home or its occupants. Seller makes no representations or warranties,
<br />express or implied, about such conditions and expressly disclaims any liability for any and all damages which such conditions might
<br />cause to the Home or its occupants. Purchaser agrees to hold Seller harmless in the event any of these conditions are discovered
<br />and waives and releases Seller in advance from any claims against Seller in any way related to the presence of, or which may arise
<br />out of, said conditions. These conditions may be identified with a home inspection and it is Purchaser's responsibility to obtain such
<br />an inspection. For additional information, contact Purchaser's local, state or federal environmental agencies or other available
<br />sources.
<br />38. TERMITE WARRANTY. At Closing, Seller will have issued to Purchaser a one (1) year (from the date of treatment) termite
<br />damage warranty from an independent licensed pest control operator of Seller's choice and at no cost to Purchaser. The termite
<br />damage warranty will be between Purchaser and the licensed pest control operator, and Seller makes no representations or
<br />warranties, express or implied, in connection therewith. It will be Purchaser's responsibility to maintain that contract (including any
<br />renewals) and any warranty provided therein.
<br />39. CONSTRUCTION INDUSTRIES RECOVERY FUND: PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION
<br />INDUSTRIES RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS
<br />RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY STATE -LICENSED CONTRACTOR. FOR INFORMATION
<br />ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRIES LICENSING
<br />BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
<br />Department of Business and Professional Regulation, Construction Industries Licensing Board
<br />7960 Arlington Expressway, Suite 300, Jacksonville, Florida 32211-7467 Telephone: (904) 727-6530
<br />40. CONSTRUCTION PERM LOANS: ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37,
<br />FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL
<br />HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A
<br />CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS,
<br />SUB -CONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE
<br />PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR
<br />CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON
<br />YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR
<br />LABOR, MATERIALS OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO
<br />PAY. FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC
<br />PROBLEM ARISES, YOU CONSULT AN ATTORNEY.
<br />41. This Purchase and Sales Agreement along with Change Orders, Addendums, the Owner Occupancy Addendum (if applicable),
<br />Buyer Option Sheet, and Current Options & Color Selections document constitutes the entire agreement between the parties and no
<br />modification, written or verbal, shall be binding upon either party unless in writing signed by both parties and attached hereto. This
<br />Purchase and Sales Agreement shall inure to the benefit of the heirs, personal representatives and successors and assigns of the
<br />Seller and Buyer(s), respectively.
<br />42. HOA/CDD Disclosure Summanr HOA/CDD DOCUMENTS SHOULD BE DISCLOSED TO THE BUYER AT TIME OF
<br />CONTRACT. IF THE BUYER DOES NOT RECEIVE SAID DOCUMENTATION, THE BUYER HAS UP TO THREE DAYS TO CANCEL
<br />CONTRACT. IF THE BUYER DOES NOT RECEIVE THESE DOCUMENTS AND PROCEEDS TO CLOSE, THIS RIGHT TO CANCEL
<br />EXPIRES AT CLOSING.
<br />ae Client ID: A33940
<br />CGC058580 ver. 8/11 BUYER(S) INITIALS Page 5 of 9
<br />Raymond L. Givhan Jr. and Victoria Givhan / 36134 Shady Bluff Lp Base
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