Laserfiche WebLink
<br />"34. . PURCHASE PRICE. The total purchase price for the Property is$ 675,000.00. Provided that the BuyerlIenant timely <br />executes the Lease To Purchase Option Agreement, is not in default of the Lease Agreement, and closes the conveyance of the <br />Property, the SeUer/Landlord shall credit towards the purchase price at closing, the sum of (40010, lot year,) (40%, 2~d year,) (40%,3"' <br />year,) from each monthly lease payment that the Buyer/Tenant timely made. However, the Buyerrrenant shall receive no credit at <br />closing for any monthly leaSe payment that the SeUer/Landlord received after the due date specified in the Lease Agreement. <br /> <br />35, EXCLUSTVITY OF OPTION. This Lease to Purchase Option Agreement is exclusive and non-assignable and exists <br />solely for the benefit of the named parties above. Should BuyerfTenant attempt to assign, convey, delegate, ot' transfer this option to <br />purchase without the SeHer/Landlord's express written permission, any such attempt shall be deemed null and void <br /> <br />36, CLOSING AND SETTLEMENT, Seller/Landlord shall determine the title company at which settlement shall occur and <br />shall iniom Buyer/Tenant of this location in writing. Buyerffenant agrees that closmg costs, doc stamps, title msuranee, closing <br />agent foes, in their entirety, including any points, fees, and other charges required by the third-party lender, shall be the sole <br />responsibility ofBuyerrrenant. The only expense related to closing costs apportioned to SelllLandlord shall be the pro-rated share of <br />the ad valorem taxes due at the time of closing, for which Seller/Landlord is solely responsible. <br /> <br />37. FINANCING A V A 11 ,ABILITY. SELLERJLANDLORJ) MAK.E:S NO REPRESENTATIONS OR WARRANTIES AS <br />TO THE A V AILABn..ITY OF FINANCING REGARDING THIS OPTION TO PURCHASE. :BUYERlTENANT IS SOLBL Y <br />IrnSPONStBLE FOR OBTAINING FINANCING IN ORDER TO EXERCISB THIS OPTION. <br /> <br />38. FINANCING DISCLAIMER. Tbe parties acknowledge that it is impossible to predict the availability of obtaining <br />financing towards the purchase of this Property. Obtaining financing shall not be held as a condition of performance of this Option to <br />Purchase Agreement. The parties further agree that this Option to Purchase Agreement is oot entered into in reliance upon any <br />representation or warranty made by either party. <br /> <br />39. REME.DIES UPON DEF AUL T. If Buyerrrenant defaults under this Lease to Purchase Option Agreement or the Lease <br />Agreement, then in addition to any otherremedies available to SelllLandlord at law or in equity, Seller/Landlord may terminatc this <br />Lease to Purchase Option Agreement by giving written notice of the termination. Iftenninated, the Buyerrrenant sbaJllose <br />entitlement to any refund of rent or option consideration. For this Lease to Purchase Option Agreement to be enforceable and <br />effective, the BuyerlTenaot must comply with all tenns and conditions of the Lease To Purchase Option Agreement. <br /> <br />40. COMMISSION. No real estate commissions or any other commissions shall be paid in connection with this transaction. <br /> <br />41. RECORDING OF AGREEMENT. Buyerrrenant shall not record this Lease to Purchase Option Agreement on the Public <br />Records ofaDY public office without the express and written consent of Seller/Landlord. <br /> <br />42. RECORDING OF LEASE. This lease shall not be recorded in any public records. <br /> <br />43. ACKNOWLEDGMENTS. The parties are e"eouting this Lease to Purchase Option Agreement voluntarily and without <br />any duress or undue influence. The parties bave carefully read this Lease to Purchase Option Agreement and have i1skc:d any <br />questions needed to understand its terms, consequences, and binding effect and fully understand them and have been given an <br />executed copy. The parties have sought the advice of an attorney of their respective choice, if SO desired, prior to signing this Lease to <br />Purchase Option Agreement. <br /> <br />44, TIMING. Time is of the essence in this Lease To PlD'chase Option Agreement. <br /> <br />45. GOVERNING LAW ANl) VENl.1E. This Lease to Purchase Option Asreement shall be governed, construed IUld <br />interpreted by, through and under the Laws of the STATE of FLORIDA. The parties further agree that the venue for any and all <br />disputes related to this Lease to Purchase Option Agreement shall be Pasco County, Florida.. <br /> <br />46. OPTION TO PURCHASE CONTROLLING. In the event a contlict arises between the terms and conditions of the Lea.'ie <br />Agreement and the Option to Purchase Agreement, the Lease to Purchase Option Agreement shall control. <br /> <br />47. AlTORNEY'S FEES. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or <br />bec2lUse of any act which may arise out of the possession oftbe premises, by either party, the prevailing party shall be entitled to all <br />costs incurred in connection with such action, including reasonable attorney's fee. <br /> <br />48. WAIVER. Any failure by Landlord to exercise any rights under this Agreement shall not constitute a waiver of Landlord's <br />rights. <br />