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<br /> 25.All negotia6ons and agreements of whatsoever ki preceding the date of this instrument are deemed to 6e merged herein,this
<br /> instrument containing the entire agreement of the pa 'es,and the same shall be amended except upon the written change order or
<br />� other modification agreement signed by all parties.
<br /> 26.Fnal Inspection and acceptence by lhe govem ental authafity having jurisdiction over huflding in the area shall be conclusive
<br /> evidence of completion of the improvements and fulfil ment of the Seller's o6ligation hereunder.
<br /> 27.TIME:The Purchase and Sales Agreement pd is guarantl to the Buyer(s) provided the start of wnstrucGan occurs on or
<br /> before 60 days from the date hereof. Should tt�e sta of construction be delayed beyond the above referenced date by Buyer(s),or by
<br /> reason of ruiing,regulaUon,Acts of God,ectlon or ina on of any govemmental euthority,or by any reasan or cause not the lault of the
<br /> Seller,then the purchase price may 6e 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 agr ment and receive a retum of deposits excluding monies paid for plans,permits,
<br /> appreisals,and other costs incurred by Seller.
<br /> 28.This is a legally binding Purchase and Sales Ag ment and ff the Buyer(s)do not understend this purchase and sales agreement,
<br /> Buyer(s)should seek legal advice.
<br /> 29. Until an approved officer of Highiand Holdings, Inc.,executes this Purchase and Sales Agreement this Purchase and Saies
<br /> Agreement is not binding to the Seller.
<br /> 30.WARRANTIES: Seller is hereby providing the uyer with the warranty contained in the most recent ediBon oi the 2-10 Home
<br /> Buyers Warranty booklet or an equivalent,as of the d te of the ezecution of this agreement That bookiet has been made availabie to
<br />, the Buyer,and is incorporeted by reference,and ma e a part of fhis purchase agreement. The warranty contained in the 2-10 Home
<br /> Buyers Warranty booklet is the sole warranty provide to the Buyer. Any other warranty or warrentles,whether e�ress or implied,are
<br /> dlsclaimed by the Seller and uvaived by the Buyer,unl ss othenvise prohibited by particular stete law_
<br />� 31. D(CLUSIVE REMEDY AGREEMENT: You ha e accepted the e�ress Limfted Warcanty provfded in the 2-10 Home Buyers
<br /> Warranty booklet or an equivalent, and all other express or implied wartanties, including any oral or written statemerrts or
<br /> representaUons made by the Seller or any other pers n,and any implied warranty of habitability,merchantability or fitness,are hereby
<br /> disciaimed by the Seller and are hereby waived by th 8uyer,to ihe extent possible under the laws of your siate. In addition,for any
<br /> defects exciuded irom coverage under the Limited arranty,ttie Buyer has waived the right to seek dameges or other legal or
<br />'i equitabfe remedies from the Seller,its subconVacto ,ageMs,vendors,suppliers,design professionats and material men,aRer the i
<br /> first anniversery of the Effecdve Date of Warranry,un er any othe�common law or sffitutory theory of IiabBity,including but not limited i
<br />, to negligence and strict liabllity. The Buyer's only re in the event of a defect in or to the Buyer's home or in or to lhe real prbperty
<br />� on which the Buyer's home Is situated is as provided t the Buyer under this express Limited Warranty. '
<br /> I 32.LOSS OF PROPERTY.if any part of the Home fs amaged or tlestroyed by any casualty prior to Closing,ff an End Loan or prior to I
<br /> ModfficaUon ff a Construction Perm Loan,Seller wiil ave the option to either restore the Home to its previous crondi�on as soon as ,
<br /> possible or not to restore the Home. Seller agrees to otify Purchaser within seven(7)business days of the date of any such casualty
<br /> and of Selle�s decision to restore or not restore the me. In the�event that Seller elects to restore the Home,then the Closing Date, '
<br /> or Modification Date,end any other appltcable dete or deadline wil be extended in a reasonable manner by Seller to accommodate the '
<br />, - repairs ar co�struction. In the event that Seller elec not to restore the Home,then this Agreement will terminate and Purchaser w(II
<br /> receive a futl refund of all eamest montes and depos and neRher party shall have any further obligation hereunder.
<br />� 33.WAIVER OF SUBROGATION: Buyer and Seller waive all riglhts of recovery against each other for damages not covered by the
<br /> expressed building warranty,caused by defects in co struction by either Seller or sub conVactors of Seller,but only ta the extent the
<br /> damage is covered by fnsurance purchased and main ined by the buyer. This waiver includes ciaims wrhiah could be made due to the
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<br /> negligence ofthe Seller.
<br />�I 34.WAIVER TO JOIN A CLASS: Buyer agrees that uyer will not voluntarily join,or partidpate as a member of a cfass,in any judicial
<br /> action alleging,involving or relating to matters which e capable of or subject to arbitration pursuant to this paragraph,
<br />� 35.SEVERA91L1TY: If any provision or provisions this Agreel ent shall be held to be invalid,illegel,unenforceable or in conflict
<br /> with the law of any jurisdiction,the validity,legality a d enforceatiility of the remaining provisions shall not in any way be afFected or
<br /> impaired thereby.
<br /> 36.RIGHT TO CURE PROVISION: CHAPTER 558, RIDA STATUTES CONTAINS IMPORTANT REOUIREMEMS YOIl MUST
<br /> FOLLOW BEFORE YOU MAY BRItdG ANY LE ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME.
<br /> SIXTY DA1fS BEFORE YOU BRING ANY LEGAL A TION,YOU iMUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A
<br /> WRITTEN NOTICE REFERRING TO CHAPTER 558 F ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND
<br /> PROVIDE SUCH PERSON TI1E OPPORTUNITY T INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER
<br /> MAI(ING AN OFFER TO REPAIR OR PAY FOR T E ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO
<br /> ACCEPT ANY OFFER WHICH MAY 8E MADE.TH RE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA
<br /> LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTEREST. Note:This Florlda law also applies to any
<br /> demand tor Arbftratton pursuent to paragraph 18 o this Agreement
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<br /> � �q Client ID:A33135
<br /> CGC058580 ver.e/11 BUYER(S)I ITIALS l. Page 4 of 9 a�
<br /> D.Unbehaun antl Janis K.Unbehaun/36146 Shatly Btuff Lp Bag@
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