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<br /> 26.Flnal inspectlon and acceptance by the governmerrtal autho having jurisd(ction over buitding In the erea ahall be conclusive
<br /> evidence of completion of the improvements and fuffiilment of the ellers obligaflon hereunder.
<br /> 27.TIME:The Purchase and Seles Agreement p�ice Is guarant ed to the Buyer(s) provided the slart of construcUon occurs on or
<br /> before 60 days irom ihe date hereof. Should the s�rt of constru ' n be delayed beyond the above referenced date by Buyer(s),or by •
<br /> reason of ruling,reguladon,Acts of God,action or fnactlon ot any ovemmenffiI authorily,or by any reason or cause not the tauK of the
<br /> Seller,then the purchase prlce may be adjusted to include any price changes and any edditional costs incurred by the Seller,or
<br /> Buyer(s)may,at thelr option,withdraw ftom this agreement and ceive a retum of deposits excluding monles pald for plans,permits,
<br /> appraisals,.and other costs incurted by Seller.
<br /> 28.This is a lepally binding Purchese end Sales Agreement and'rf e Buyer(s)do not understand this purchase and sales agreement,
<br /> Buyer(s)should seek legal advice.
<br /> 29..UnUI an approved oflicer of Highland Holdings, Inc., execu this Purchase and Sales Agreement this Purchase and Sales
<br /> F�qreement Is not binding to the Seller.
<br /> 30.WARRAMIES: Seller Is hereby providing the Buyer with the ranty contained ln the most recsnt editlon of the Bonded Builders
<br /> Warranty Group warrenty booMet or en equivalent,as of the dat of the execution of this agreement That booldet has been made
<br /> available to the Buyer,and is incorporated by reference,and mad a part of this purchase agreement The warraniy�rdained in the
<br /> Bonded Buildefs WaRanty Group warranty booklet is the sole ty provided to the Buyer. My other wartanty or wartardies, ,
<br /> whether e�ress ar implied,are disdaimed by the Seller and wa(v by the Buyer;unless otherwise prohihited by particuler state taw.
<br /> 31. IXC�WSIVE REMEDY AGREEMENT: You have accept the express Limited Warranty provided in the Bonded Builders
<br /> Werranty Group warraMy booklet or an equivalerrt,and all other e ress or implied warrentlea,inciuding any oral or written statemente
<br /> or represerdedons made by the Seller or any other person,and any implied warrerity of habitabilily,merchantabil'rty or fltness,are
<br /> hereby disdaimed by the Seiler and ere hereby waived by the r,to the extent possible under the laws of your state. In addition,
<br /> for any defects excluded fram coversge under the Limited Warr the Buyer has wefved the right to seek damages or other legal or
<br /> equ'deble remedies Trom tHe Seller,its suhcontractor&,agents,v ndors,suppliers,design professionals and materiel men,efter the
<br /> first anniversary of the Effective Date of Wartanty,under any oth r common law or statutory theory of liability,including but not limfted
<br /> to negllgence and strict liability. The Buyets only remedy in the e ent of a defed in or to tFe Buyer's home or in or to the real property
<br /> on which the Buyer's home is siWated is as provided to the Buyer nder thls express Limtted Warranty.
<br /> 32.LOSS OF PROPERTY.If any part of the Home Is damaged or destroyed by eny casuatry prior to Closing,If an End Loan or prior to
<br />' Mod(flcation if a Construction Pertn Loan,5eller will have the op on to either restore the Home to fta previous conditlon as aoon as
<br /> possible or not to restpre the Home. Seller agrees to notity Pure ser within seven(�business days of ihe date of eny such casualty
<br /> and of Seller's decision to restore or not reatore the Home. In th eveM that Seller elects to restore the Home,then the Closing Date,
<br /> or ModfficaUon Date,and any other eppUcable date or deadline wi I be extended in a reasonabie manner by Seller to ecxommodate the
<br /> repairs or construcbon. In the event that Seller elec�s nqt to ore the Home,then this Agreement will tertnlnate and Purchaser will
<br /> receive a iull reTund of all eamest monles end deposits and neith r party shall have any turther obiigation hereunder.
<br /> �i.WAIVER OF SUBROGATION: Buyer and Seller waive all ri hts of recovery against each ather for damages not covered by the
<br /> expressed building warranty,caused by detects In constructlon b either Seiler ar sub contractors of Seller,but only to the extent the
<br /> damage Is covered by(nsurance purchased and malntalned by th buyer. This weiver includes dalina which could be made due to the
<br /> negligence of the Seller.
<br /> 34.WMIER TO JOIN A CLASS: Buyer agrees that Buyer will n wluntarity Join,or parddpate as a member of a class,in eny judiciai
<br /> action alleging,ir�volving or relating to matters whlch are capable f or subJect to e�bitration pursuant to this paragraph.
<br /> 35.SEVERABILITY: If any provision or prov(sions of this qgre ment shall be held to be invalid,illegal,unentorceable or in conllict
<br /> with the law of any.Jurisdictlon,the valldlty,legalky and enforce II'dy of the remaiNng provisfons shall not in any way bs affected or
<br /> impaired thereby.
<br /> 36.RIGHT TO CURE PROVISION: CHAPTER SbB,FLORIDA TATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST
<br /> FOLLOW.BEFOAE YOU MAY BRING ANY LEGAL AC710N OR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME.
<br /> SD(TY DAYS BEFORE YOU BRINQ ANY LEGAL ACTION,YO MUST DEI,.IV�R TO THE OTHER PARTY TO THIS CONTRACT A
<br /> WRRTEN NOTIGE REFERRING TO CHAPTER 558 OF ANY C NSTRUCTION CONDITIONS YOU QLLEGE ARE DEFECTNE AND
<br /> PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEOED CONSTRUCTION DEF�CTS AND TO COPISIDER
<br /> MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLECi D CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO
<br /> ACCEPT ANY OFFER WHICH MAY BE�VIIADE.THERE ARE TRICT DEADLJNES AND PROCEDURES UNDER THIS FLORIDA
<br /> LAW WHICH MUST BE MET AND FOLLOWm TO PROTE YOUR INTEREST. Note:Thls Florida taw also ap�ies to any
<br /> demend for Arti�traHon pursuaM to paragraph 18 of thls Ag ment
<br /> � Cliellt ID:A32635
<br /> CGC058580 ver.e/11 BUYER(S)INITIALS Pflge 4 of 11
<br /> Greg Thomas and Wonne Dara/36300 Delta Qold Ct. 8886
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