FLORIDA · LEGAL FORMS

Volume 3

REAL ESTATE TRANSACTIONS

By JAMES W. MARTIN

Member of the Florida Bar St. Petersburg, Florida

Sections 1.1-25

ST. PAUL, MINN.

WEST PUBLISHING CO. 1990

COPYRIGHT © 1990

By

WEST PUBLISHING CO.

Ubrary of Congress Catalog Card Number: 89-051024

3 Flalegal Forms-Real Estate Transactions

PREFACE AND ACKNOWLEDGEMENT

These volumes have been prepared to assist lawyers and their staffs in preparing legal documents for real estate transactions by the use of example forms used in other transactions. In additfon to document forms, the book contains procedures which, through the use of checklists and worksheets, assist the lawyer and staff in the produc­tion of documents for clients.

These are the forms that are generally required in Florida for real estate transactions. No form should be used and no procedure should be followed unless the lawyer understands it and decides that it applies to his or her practice and to the facts in the particular case. Each lawyer's practice differs in some respects, and all transactions differ, so the lawyer should plan to make changes to these forms and procedures accordingly.

Every real estate transaction involves one or more federal, state and local tax questions. There are always issues concerning income, gift, estate, property, excise, documentary, intangible, sales and other taxes arising from real estate transactions. These tax matters are outside the scope of this work. Each person using this book should consider the tax consequences of each form in this book on his or her own or by obtaining tax advice from a tax attorney, tax accountant or other tax professional.

The author thanks his family and publisher for their understand­ing and assistance. The author thanks his associate Katy Prats for her help with the landlord and tenant forms.

JAMES W. MARTIN St. Petersburg, Florida

October, 1990

*

ill

SUMMARY OF CONTENTS

Volume 3

PART I. PURCHASE AND SALE OF REAL ESTATE Chapter Page

1. General Information --------------------------------------------------------- 1 2. Other Checklists for Real Estate Transactions ___________________ 39 3. Listing Agreements and Other Brokerage Agreements _______ 62 4. Purchase and Sale Agreements-General Forms ________________ 77 5. Purchase and Sale Agreements-Installment Sales (Agree-

ments for Deed) ------------------------------------------------------------192 6. Purchase and Sale Agreements-Commercial and Industrial 219 7. Contracts for Exchange of Real Property ___________________________ 234

8. Options to Purchase ---------------------------------------------------------· 290 9. Clauses for Real Estate Sale Contracts ______________________________ 314

10. Amendments, Assignments, Notices and Other Forms Relat-ed to Contracts -------------------------------------------------------------339

11. Title Insurance ______________________________________ ---------------------------359

12. Affidavits and Documents Clearing Title ---------------------------421 13. Regulation of Land Sales Practices -----------------------------------439 14; Other Federal Laws Regarding Real Estate----------------------- 449 15. Closing the Sale---------------------------------------------------------------4 72

PART II. DEEDS, RESTRICTIONS, ACKNOWLEDGMENTS AND POWERS OF ATTORNEY

16. Common Deed Forms -------------------------------------------------------580 17. Deed Clauses--------------------------------------------------------------------656 18. Restrictions and Subdivisions --------------------------------------------694 19. Acknowledgments and Powers of Attorney ________________________ 794

PART m. EASEMENTS, LICENSES AND PARTY WALLS

20. Easements and Licenses____________________________________________________ 818

21. Party Walls ---------------------------------------------------------------------888

PART IV. CONDOMINIUMS

22. General Information on Condominiums -----------------------------910 23. Creation of Condominiums; Amendments --------------------------916 24. Sales of Condominiums_____________________________________________________ 990 25. Condominium Time-Sharing Arrangements ________________________ 1018

V

SUMMARY OF CONTENTS

Volume 4

PART V. MORTGAGES AND OTHER REAL ESTATE LOAN DOCUMENTS

Chapter Page 26. Introduction to Real Estate Financing_______________________________ 1 27. Loan Applications, Commitments, Loan Agreements, and

Closing Documents --------------------------------------------------------10 28. Federal Truth in Lending Act ------------------------------------------85 29. Mortgages and Security Agreements__________________________________ 113 30. Mortgage Notes and Guaranties ________________________________________ 316 31. Miscellaneous Mortgage-Related Forms ____________________________ 366

PART VI. LANDLORD AND TENANT

32. General Information and Agreements for Leases _______________ 419 33. Residential Tenancies -------------------------------------------------------448 34. Commercial Leases -----------------------------------------------------------554 35. Lease Clauses___________________________________________________________________ 707 36. Tenancy Notices and Evictions__________________________________________ 787 37. Lease Assignments, Subleases, Modifications, Amendments

and Terminations ----------------------------------------------------------825

PART VII. MISCELLANEOUS REAL ESTATE FORMS 38. Construction_____________________________________________________________________ 859

39. Management Contracts ------------------------------"----------------------900 40. Variances, Zoning, Ad Valorem Tax, and Other Land Use

Matters_________________________________________________________________________ 916

Table of Statutes -------------------------------------------------------------------929 Index ________________________________________________________________________________ ·_____ 935

VI

TABLE OF CONTENTS

Volume 3

PART I. PURCHASE AND SALE OF REAL ESTATE

CHAPTER 1. GENERAL INFORMATION

A. GENERAL CHECKLIST FOR REAL ESTATE TRANSACTIONS Sec. 1.1 In General. 1.2 Preparing to Represent the Seller. 1.3 Preparing to Represent the Buyer. 1.4 Information as to Parties. 1.5 Identification of Parties. 1.6 If Natural Persons, Ascertain. 1. 7 If Party Is a Corporation, Ascertain. 1.8 If Party Is an Executor, Personal Representative, an Administrator, a

Guardian, a Trustee, a Trustee in Bankruptcy, a Receiver, or an Assignee for the Benefit of Creditors, Ascertain.

1.9 If Party Is an Heir or Devisee, Ascertain. 1.10 If Party Is an Unincorporated Association or Business Trust, Ascertain. 1.11 If Party Is a Partnership, Ascertain. 1.12 If Parties Are or Are to Be Tenants in Common, Joint Tenants or

Tenants by Entirety, Ascertain. 1.13 If Any Party Is Acting or Is to Act by Agent or Attorney in Fact,

Ascertain. 1.14 Common Description of Property. 1.15 Legal Description. 1.16 Identification of Property; Survey. 1.17 Streets, Roads and Alleys. 1.18 Easements and Licenses. 1.19 Parties in Possession-Purchasers Under Land Contracts. 1.20 __ Tenants. 1.21 Signs. 1.22 Condition of Land and Buildings. 1.23 Service and Employment Contracts. 1.24 Growing Crops. 1.25 Use of Property by Vendor Prior to Closing. 1.26 Delivery of Possession to Purchaser. 1.27 Personal Property. 1.28 Purchase Price in General. 1.29 Options. 1.30 Exchange of Property. 1.31 Title to Be Conveyed. 1.32 Mortgages. 1.33 Construction Liens. 1.34 Judgments and Pending Suits.

VII

Sec. 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 1.47 1.48 1.49 1.50 1.51 1.52 1.53 1.54 1.55 1.56 1.57 1.58 1.59 1.60

TABLE OF CONTENTS

Taxes and Assessments. Maintenance Charges. Building, Zoning and Other Restrictions. Notice of Equities. Risk of Loss or Damage Prior to Closing. Insurance. Remedies. Commissions. Form of Contract. Description of Parties. Consideration. Description of Property. Encumbrances and Defects. Purchase Price. Apportionment of Rents, Interest and Other Items. Title and Deed. Time and Place of Closing. Entire or Severable Contract. Assignability. Conditions. Miscellaneous Provisions. Execution. Escrow. Preparation for Closing. Closing. Transactions Subsequent to Closing.

B. OTHER SOURCES

1.90 Florida Law Review Articles.

2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17

CHAPTER 2, OTHER CHECKLISTS FOR REAL ESTATE TRANSACTIONS

Checklist-Preliminary to Contract. Opening File Checklist. Real Estate Closing Interview Sheet. Checklist-Attorney for Buyer or Mortgagor. __ Attorney for Seller. Real Estate Closing-Documents Checklist. Real Estate Closing Statement Worksheet. Real Estate Closing-Disbursements. __ Figures Worksheet. __ Representation of Seller. __ Representation of Buyer. Real Estate Closing Checklist for Representation of Buyer. Real Estate Closing Checklist-Third Person Matters. Loan Closing-Documents. __ Worksheet. Check List for Seller's Attorney. Check List for Buyer's Attorney.

VIII

Sec. 2.18 2.19 2.20 2.21

3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12

TABLE OF CONTENTS

IRS Form 1099 Checklist. Checklist for Recording Documents With Clerk. Lien and Judgment Checklist. Trust Account Proof Sheet and Instructions to. Bookkeeper-Sample

Filled-In.

CHAPTER 3. LISTING AGREEMENTS AND OTHER BROKERAGE AGREEMENTS

In General. Agreement for Exclusive Right to Sell. Exclusive Listing Agreement. Nonexclusive Listing Agreement-General Form. __ Another Form. Listing Agreement-Exclusive Right of Sale. Real Estate Broker's Commission Agreement. __ Payable on Consummation. Commission Agreement. Contract for Land Sale. Notice of Submittal. Real Property Sales Disclosure Warning.

CHAPTER 4. PURCHASE AND SALE AGREEMENTS­GENERAL FORMS

A. GENERAL CONSIDERATIONS

4.1 In General. 4.2 Checklist for Drafting Sale Contract. 4.3 Offers to Purchase and Deposit Receipts.

B. CONTRACT FORMS

4.10 Contract for Sale and Purchase-Florida Association of Realtors-Flori-da Bar Approved Form.

4.11 Contract for Sale of Real Estate. 4.12 Contract for Sale of Real Estate-Another Form. 4.13 Real Estate Sale and Purchase Contract. 4.14 __ Another Form. 4.15 Contract for Sale and Purchase of Real Estate-Seller's Form. 4.16 __ Another Seller's Form. 4.17 __ "As-Is" Sale. 4.18 Real Estate Sale Contract-Memorandum. 4.19 __ Another Short Form. 4.20 __ Basic Form. 4.21 __ Payment of Purchase Price in Cash. 4.22 __ First Mortgage Back to Seller. 4.23 __ Assumption and Second Mortgage to Seller. 4.24 __ Price to Be Fixed by Arbitrators. 4.25 Real Estate Sale Contract Form-Seller to Construct Residence Similar

to Model Home.

IX

TABLE OF CONTENTS

Sec. 4.26 Offer to Purchase-Letter Form. 4.27 Offer to Purchase and Acceptance Form. 4.28 Deposit Receipt Contract Form. 4.29 Deposit Receipt and Contract for Sale. 4.30 Deposit Receipt. 4.31 __ Another Form. 4.32 Contract to Buy and Deposit Receipt. 4.33 Sales Agreement and Deposit ~ceipt. 4.34 Agreement for Sale and Purchase of Shopping Center Under Construc­

tion. 4.35 Contract for Purchase and Sale-Mobile Home Park.

C. ADDENDUM FORMS

4.70 Addendum-Basic Form. 4.71 __ Commercial Property. 4.72 __ Inspection Procedure. 4.73 __ To Clarify Financing. 4.74 __ Assumption and Second Mortgage. 4.75 __ Seller's Form for As-Is Sale. 4.76 __ Buyer's Form for Vacant Land to Be Improved. 4.77 __ Buyer's Form With Warranties of Building's Condition. 4.78 __ Seller to Occupy After Closing. 4.79 __ Sale by Co-owner to Other Co-owner.

CHAPTER 5. PURCHASE AND SALE AGREEMENTS­INSTALLMENT SALES (AGREEMENTS FOR DEED)

A. GENERAL CONSIDERATIONS

5.1 In General. 5.2 Information to Be Secured Before Drafting Installment Sale Contract.

B. CONTRACT FORMS

5.10 Installment Sale Contract-Short Form. 5.11 Installment Sale Contract-Another Form. 5.12 Agreement for Deed. 5.13 __ Another Form. 5.14 __ Another Form. 5.15 __ Another Fopn. 5.16 __ Another Form. 5.17 __ Another Form.

C. RELATED FORMS

5.60 Assignment of Installment Sale Contract. 5.61 Assignment of Buyer's Interest in Agreement for Deed. 5.62 Assignment of Contract.

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TABLE OF CONTENTS

CHAPTER 6. PURCHASE AND SALE AGREEMENTS-COMMERCIAL AND INDUSTRIAL

Sec. 6.1 Sales Contract-Seller to Construct Supermarket and Lease From Buyer. 6.2 __ Tracts to Be Acquired by Seller. 6.3 __ Commercial Building. 6.4 Agreement to Secure Tenants. 6.5 Agreement to Repurchase Land.

CHAPTER 7. CONTRACTS FOR EXCHANGE OF REAL PROPERTY

A. CONTRACT FORMS

7.1 In General. 7.2 Contract for Exchange of Real Estate-Possible Delayed Exchange-With

Escrow Agreement Attached. 7.3 ____ Letter of Credit. 7.4 Real Estate Exchange Agreement-With Escrow. 7.5 Exchange Agreement-Three Parties. 7.6 __ Short Form. 7.7 __ Another Short Form. 7.8 __ Another Short Form. 7.9 __ With Brokerage Fees. 7.10 __ Both Properties Subject to Mortgage. 7.11 __ Subject to Approval. 7.12 __ Filling Station for Resort.

B. RELATED FORMS

7.50 Amendment to Contract for Exchange of Real Estate. 7.51 Provision for Furnishing Policies of Title Insurance on Exchange of

Realty. 7.52 Letter of Intent for Possible Contract for Exchange or Sale of Assets

Including Real Estate. 7 .53 Amendment to Escrow Agreement. 7 .54 Direction to Escrow Agent.

CHAPTER 8. OPTIONS TO PURCHASE

8.1 In General. 8.2 Option to Purchase-Short Form. 8.3 __ Another Short Form. 8.4 __ General Form. 8.5 __ Another General Form. 8.6 __ Another Form. 8.7 __ Two Parts. 8.8 __ Basic Form-Contract Attached. 8.9 Option Contract-Vacant Land to Be Improved. 8.10 Option to Purchase-Commercial Property-Environmental Concerns. 8.11 Option Contract. ·

XI

TABLE OF CONTENTS

Sec. 8.12 Acceptance of Option to Purchase. 8.13 Right of First Refusal.

CHAPTER 9. CLAUSES FOR REAL ESTATE SALE CONTRACTS

A. USUAL PROVISIONS IN SALES CONTRACTS

9.1 Date. 9.2 Parties and Residence. 9.3 Description of the Property. 9.4 Reservations and Exceptions. 9.5 Included in Sale. 9.6 Subject to Mortgage. 9.7 Mortgage Assumption. 9.8 Restrictions. 9.9 Leases. 9.10 Survey Exceptions. 9.11 Zoning Ordinances. 9.12 Street Encroachments. 9.13 Construction Liens. 9.14 Purchase Price. 9.15 Terms of Payment-Down Payment. 9.16 __ Balance of Cash Payment. 9.17 __ Assumption of Existing Mortgage. 9.18 __ Purchase Money Mortgage. 9.19 Mortgage Contingency Clause. 9.20 Delivery of Deed. 9.21 Type of Deed. 9.22 Title. 9.23 Another Title Clause. 9.24 Personal Property. 9.25 Possession. 9.26 Apportionments. 9.27 Risk of Loss. 9.28 Assessments. 9.29 Condition-Seller's Warranties. 9.30 _ As-Is. 9.31 __ Inspection Right. 9.32 __ Confirming Inspection and Defects. 9.33 __ Reliance. 9.34 Broker's Commissions. 9.35 Oral Modifications. 9.36 Testimonium Clause and Signature. 9.37 Warning. 9.38 Deposit Receipt. 9.39 Delivery of Abstract of Title or Title Insurance. 9.40 Policy of Mortgage Title Insurance. 9.41 Marketable Title Subject to Restrictions of Record. 9.42 Price to Be Fixed by Valuation. 9.43 Purchase Money Mortgage.

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TABLE OF CONTENTS

Sec. 9.44 __ Another Clause. 9.45 Assumption of Mortgage. 9.46 __ Another Clause. 9.47 Assumption of F.H.A. Loan. 9.48 Evidence of Reduction of Existing Mortgage. 9.49 V.A. Mortgage. 9.50 F.H.A. Mortgage. 9.51 Seller to Pay Points. 9.52· Building Violations. 9.53 Rights in Street. 9.54 Water Meter Readings. 9.55 Covenant by Vendor to Pay Taxes. 9.56 Well Water Condition. 9.57 Termite and Other Wood-Destroying Insects Inspection. 9.58 Right to Inspect. 9.59 Disclosure Concerning Lead Paint. 9.60 No Misrepresentations by Broker. 9.61 Casualty Damage. 9.62 Occupancy by Seller. 9.63 Occupancy by Buyer. 9.64 Buyer Storing Property on Seller's Premises. 9.65 Surrender of Possession on Purchaser's Default. 9.66 Termination and Reentry on Default. 9.67 Remedies for Default. 9.68 Disposition of Deposit on Default. 9.69 Dispute Over Deposit. 9.70 Arbitration. 9.71 Time of Essence of Contract. 9.72 Payment of Costs and Fees. 9.73 Multiple Listing Service. 9.74 Protection From Other Brokers. 9. 75 Sale Dependent on Purchaser Obtaining Transfer of Seller's Liquor

License. 9.76 Agreement to Convey and to Reimburse for Mortgage Indebtedness. 9.77 Covenant Against Recording. 9.78 Rents Under Outstanding Lease Reserved to Vendor. 9.79 Miscellaneous. 9.80 Foreign Investment in Real Property Tax Act (FIRPTA). 9.81 Radon Disclosure. 9.82 Homestead. 9.83 Appraisal. 9.84 Broker.

CHAPTER 10. AMENDMENTS, ASSIGNMENTS, NOTICES AND OTHER FORMS RELATED TO CONTRACTS

A. AMENDMENT FORMS

10.1 Amendment to Contract-Basic Form. 10.2 __ To Be Signed at Closing. 10.3 __ To Correct Legal Description at Closing.

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TABLE OF CONTENTS

Sec. 10.4 __ To Extend Closing Date. 10.5 Addendum to Deposit Receipt and Contract for Sale-Buyer's Form.

B. ASSIGNMENT FORMS

10.20 Assignment of Interest in Sale Contract. 10.21 Assignment of Contract. 10.22 __ Another Form. 10.23 __ Another Form. 10.24 __ Another Form. 10.25 Assignment of Contract for Sale of Real Property. 10.26 Assignment of Contract.

C. NOTICES

10.40 In General. 10.41 Notice to Buyer Cancelling Sales Contract for Breach. 10.42 Notice to Buyer Cancelling Sales Contract Where Buyer in Possession. 10.43 Notice to Seller to Complete Contract. 10.44 Notice to Purchaser to Complete Contract. 10.45 Notice to Purchaser-Mortgagor Re Title Insurance.

D. OTHER CONTRACT-RELATED FORMS

10.60 Settlement of Conflicting Claims. 10.61 Sale of Undivided Interest by One Tenant in Common to the Other. 10.62 Indemnification Agreement. 10.63 Termination of Contract for Sale and Purchase of Real Estate. 10.64 Termination of Contract. 10.65 Cancellation of Contract. 10.66 Release of Deposit Receipt.

11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14

11.15 11.16

CHAPTER 11. TITLE INSURANCE

In General. Commitment for Title Insurance-Sample Form. ALTA Owner's Policy-Sample Form. ALTA Loan Policy-Sample Form. ALTA Leasehold Owner's Policy-Sample Form. ALTA Leasehold Loan Policy-Sample Form. ALTA Residential Title Insurance Policy-Sample Form. ALTA Construction Loan Policy-Sample Form. ALTA Construction Loan Policy Endorsement A-Sample Form. ALTA Construction Loan Policy Endorsement B-Sample Form. ALTA Construction Loan Policy Endorsement C-Sample Form. ALTA Construction Loan Policy Endorsement D-Sample Form. ALTA Endorsement Form 4--Condominium-Sample Form. ALTA Endorsement Form 5-Planned Unit Development-Sample

Form. ALTA Endorsement Form 6--Variable Rate Mortgage-Sample Form. ALTA Endorsement Form 6.1-Variable Rate Mortgage-Sample Form.

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TABLE OF CONTENTS

Sec. 11.17 ALTA Endorsement Form 6.2--Variable Rate Mortgage-Negative

Amortization-Sample Form. 11.18 ALTA Endorsement Form ARM-Adjustable Rate Mortgage-Sample

Form. 11.19 ALTA Endorsement Form 8.1-Environmental Protection Lien-Sam­

ple Form. 11.20 ALTA Endorsement Form 9-Restrictions, Encroachments, Minerals-

Sample Form. 11.21 ALTA Endorsement Form PUD-E-PUD Endorsement-Sample Form. 11.22 Location Endorsement. 11.23 Assignment of Mortgage Endorsement. 11.24 Revolving Credit Endorsement. 11.25 Manufactured Housing Unit Endorsement. 11.26 Notice to Purchaser-Mortgagor.

CHAPTER 12. AFFIDAVITS AND DOCUMENTS CLEARING TITLE

A. AFFIDAVITS

12.1 In General. 12.2 Affidavit as to Scrivenor's Error. 12.3 Affidavit of Scrivenor's Error. 12.4 Affidavit to Assist in Determining Whether Certain Matters of Record

Affect the Title. 12.5 Affidavit to Clear Up Chain of Title. 12.6 Affidavit of Title. 12.7 __ Another Form. 12.8 Affidavit of Title Where There Are Tenants. 12.9 Affidavit Where Owner Deeding to Mortgagee. 12.10 Affidavit of Grantor That Deed Not Intended as Security.

B. SATISFACTIONS OF JUDGMENT

12.50 Satisfaction of Judgment. 12.51 __ By Individual. 12.52 _·_ By Corporation.

CHAPTER 13. REGULATION OF LAND SALES PRACTICES

13.1 Florida Uniform Land Sales Practices Law. 13.2 Interstate Land Sales Full Disclosure Act-In General. 13.3 History and Source Material. 13.4 Exemptions. 13.5 Less Than Twenty-Five Lots in a Subdivision. 13.6 Existing or to Be Constructed Building. 13.7 Clause Obligating Seller to Complete Construction in Two Years. 13.8 Sale to a Builder or for Resale to Builders. 13.9 Clause Affirming Purchaser Is a Builder. 13.10 Industrial or Commercial Property.

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TABLE OF CONTENTS

Sec. 13.11 Contract Addendum Form for Statements Concerning Industrial or

Commercial Property.

CHAPTER 14. OTHER FEDERAL LAWS REGARDING REAL ESTATE

A. REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA)

14.1 RESPA-In General. 14.2 Coverage of RESP A. 14.3 Special Information Booklet. 14.4 Good Faith Estimate of Charges. 14.5 Uniform Settlement Statement. 14.6 Advance Inspection of Uniform Statement. 14.7 Prohibition Against Kickbacks. 14.8 Requiring Title Insurance From a Particular Company. 14.9 Limitation on Advance Deposits in Escrow Accounts. 14.10 Disclosure of Beneficial Interest. 14.11 HUD Notice Regarding Uniform Settlement Statement Additions. 14.12 Sample Form of HUD-1 Uniform Settlement Statement. 14.13 Sample Filled-In HUD-1 Form. 14.14 Certification Form.

B. FAIR HOUSING AMENDMENTS ACT OF 1988

14.51 Fair Housing Amendments-In General. 14.52 HUD Rules. 14.53 Law Before Amendment. 14.54 Law After Amendment. 14.55 Discrimination Based on Handicap or Familial Status. 14.56 Residential Real Estate-Related Transactions. 14.57 Complaint. 14.58 Investigation. 14.59 Conciliation. 14.60 Referred to Local Agency. 14.61 Administrative Proceeding or Court.

15.1 15.2 15.3 15.4 15.5 15.6 15.7

CHAPTER 15. CLOSING THE SALE

A. GENERAL CONSIDERATIONS

In General. Closing Statement. The Closing. Persons Present at Closing. Delivery of Closing Documents. Post-Closing Matters for Purchaser. Post-Closing Matters for Seller.

XVI

Sec. 15.10

15.11 15.12

15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27

15.40 15.41 15.42 15.43 15.44 15.45 15.46 15.47 15.48 15.49 15.50 15.51 15.52

15.70 15.71 15.72 15.73 15.74 15.75

TABLE OF CONTENTS

B. GOVERNMENT-REQUIRED FORMS

Florida Department of Revenue Return for Transfers of Interest in Florida Real Property-DR-219.

IRS Form 1099-S (1988). IRS Form 1099-1988 Instructions for Reporting Real Estate Transac-

tions on Form 1099-S. __ Acknowledgement of Real Estate Reporting Requirements. __ Another Form. __ Designation Agreement. __ Another Form of Designation Agreement. __ Affidavit. __ Information Form. 1099-B Reporting Service Form. FIRPTA-Non-Foreign Affidavit and Indemnification. __ Another Form of Certification-Individual Transferor. __ Non-Foreign Certification-Individual Transferor. Instruction Regarding Manner of Dealing With Withholding of Tax. Affidavit of Foreign Purchaser of Residential Real Property. Letter to Foreign Purchaser. Affidavit of Buyers to Avoid Withholding for Tax on Foreign Seller. City Assessment Search.

C. CWSING STATEMENTS AND AGREEMENTS (OTHER THAN HUD-1)

Closing Statement. Seller's Closing Statement. Buyer's Closing Statement. Statement of Sale. Memo of Sale. Closing Statement-Fund Form. __ Fund Form-Sample Filled-In. __ Sample Filled-In. Prorations-Closing Agreement. __ Tax Proration Agreement. Real Estate Tax Proration Agreement. Tax Reproration Agreement. Agreement as to Closing Statement.

D. BILLS OF SALE

Bill of Sale-Residential Property. __ Commercial Property (Hotel). Bill of Sale. __ Another Form. __ Another Form. Bill of Sale-From a Corporation.

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TABLE OF CONTENTS

E. AFFIDAVITS

Seller's "Gap" Affidavit. Affidavit-Of Corporation. __ Of Seller. __ Sellers' No Lien.

Sec. 15.80 15.81 15.82 15.83 15.84 15.85 15.86 15.87

__ Seller's No Lien With Additional Clauses. __ No Lien. Seller's Affidavit-Sample Filled-In. Continuous Marriage Affidavit.

F. CONDITION AGREEMENTS

15.100 As-Is Agreement. 15.101 Warranties. 15.102 __ Another Form. 15.103 __ Another Form. 15.104 Termites-Limited Warranty for Soil Treatment for Termites. 15.105 __ Wood.,..Destroying Organism Inspection Report-Sample Form. 15.106 Acceptance of Condition.

G. OCCUPANCY AGREEMENTS

15.120 Occupancy Agreement. 15.121 __ Buyer's Form.

H. ESCROW

15.130 In General. 15.131 Memorandum Accompanying Delivery of Deed in Escrow. 15.132 __ Another Form. 15.133 __ Delivery to Bank. 15.134 Escrow Receipt. 15.135 Escrow Agreement on Deposit of Deed and Purchase Money Mortgage. 15.136 Strict Joint Order Escrow. 15.137 Deposit for Discharge of Encumbrances.

I. LETTERS

15.150 Lender Estoppel Letter. 15.151 Tenant Estoppel Letter. 15.152 Letter Request for Condominium Transfer Information. 15.153 Letter From Attorney to Client Disclosing Role as Title Insurance

Agent. 15.154 Letter Ordering Title Policy After Closing. 15.155 Letter Paying Off Mortgage After Closing. 15.156 Letter Recording Documents. 15.157 Letter Ordering Documentary Stamps. 15.158 Letter Requesting Tax Reproration Payment.

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TABLE OF CONTENTS

J. MISCELLANEOUS FORMS Sec. 15.180 Further Assurance and Compliance Agreement. 15.181 Mortgages-Assignment of Funds Held by Mortgagee in Escrow to Pay

Taxes and Fire Insurance. 15.182 Co-ownership Agreement. 15.183 Joint Venture Agreement. 15.184 Surveyor's Certificate. 15.185 Broker-Commission Receipt. 15.186 Corporation-Certified Copy of Articles and Bylaws. 15.187 Condominiums-Certificate of Association Approval. 15.188 Document Execution Instructions.

PART II. DEEDS, RESTRICTIONS, ACKNOWLEDGMENTS AND POWERS OF ATTORNEY

CHAPTER 16. COMMON DEED FORMS

A. GENERAL CONSIDERATIONS

16.1 In General. 16.2 Deeds in General. 16.3 Selecting the Deed Form. 16.4 Restrictions and Conditions. 16.5 Acknowledgment. 16.6 Delivery. 16.7 Statutory Provisions. 16.8 Husband and Wife. 16.9 Homestead.

16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 16.36 16.37 16.38 16.39

B. FORMS

Statutory Warranty Deed. __ Modified. Warranty Deed-Statutory.

__ Another Form. Another Form.

____ Another Form. ____ Another Form. __ Another Form. __ Another Form. __ Long Form. __ Another Form. __ From Individual to Individual. __ From Individual to Corporation.

__ Another Form. __ By Corporation. __ From Corporation. ____ Another Form. ____ Another Form. ____ Another Form. __ From Corporation to Corporation.

XIX

Sec. 16.40 16.41 16.42 16.43 16.44 16.45 16.46 16.47 16.48 16.49 16.50 16.51 16.52 16.53 16.54 16.55 16.56 16.57 16.58 16.59 16.60 16.61 16.62 16.63 16.64 16.65 16.66 16.67

17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9

17.20 17.21 17.22 17.23 17.24 17.25

TABLE OF CONTENTS

__ With Relinquishment. Special Warranty Deed Clause. Special Warranty Deed. __ Another Form. __ Long Form. __ Another Form. __ Another Form. __ From Corporation. ____ Another Form. Fee Simple Deed. __ Another Form. __ Another Form. Quit Claim Deed Clause. Quit Claim Deed-Another Form. __ Another Form. __ Another Form. __ Another Form. __ From Corporation. ____ Another Form. Deed in Trust. __ Another Form. Land Trust Agreement. Deed in Trust-To Church From Church. Personal Representative's Deed. Personal Representative or Guardian's Deed. Administrator, Executor, or Guardian's Deed. Master's Deed. Warranty Deed-Sample Filled-In.

CHAPTER 17. DEED CLAUSES

A. DESCRIBING THE PARTIES AND ESTATES

In General. Foreign Corporation as a Party. Deed by a Corporation to a Corporation. Deed to Partners. Limited Partnership as a Party. Deed Executed Under Power of Attorney. __ Referring to the Power Annexed. Deed by Trustees With Special Warranty Covenant. Deed by Individual to Trustee.

B. DEED CLAUSES FOR PARTICULAR CIRCUMSTANCES

In General. Deed to Correct Mistake in Prior Deed. Deed Clause Confirming a· Conveyance Made During Minority. Deed Confirming a Conveyance Under Power of Attorney. Deed of Partition Among Three Co-owners. Deed of Life Estate.

xx

Sec. 17.26 17.27 17.28 17.29 17.30 17.31 17.32

17.40 17.41 17.42 17.43 17.44 17.45 17.46 17.47 17.48 17.49

17.60 17.61 17.62

17.63 17.64

17.65

17.66 17.67 17.68 17.69 17.70 17.71 17.72 17.73 17.74 17.75 17.76 17.77

17.90 17.91 17.92 17.93

TABLE OF CONTENTS

Deed Subject to a Life Estate. Deed of Life Estate With Remainder Over. Grant on a Condition Subsequent-Park Purposes. Condition Subsequent With Right of Reverter in Grantor. Witness Clause Where Signature Is Written for Grantor. Witness Clause When Party Is Blind. Witness Clause When Signature by Mark.

C. DEED CLAUSES DESCRIBING THE PROPERTY

In General. City Lot. Lot According to Plat. Condominium. Land in Government Survey. By Metes and Bounds. By Course and Distance. Description With Reference to · Other Land. Description Bounding by Rivers, Highways, and Other Boundaries. Grant of Riparian Rights.

D. ENCUMBRANCES AND SUBJECT TO CLAUSES

In General. Subject to a Prior Mortgage. Subject to a Prior Mortgage Which Grantee Assumes and Agrees to

Pay. Subject to a Prior Mortgage Which Grantee Does Not Assume. Subject to a Prior Mortgage Which Grantor Will Pay Per Wraparound

Mortgage. Assuming Payment of Taxes and Making Conveyance Subject to En-

cumbrances. Typical Subject-To Clauses in a Planned Development. Subject to a Lease Assumed by Grantee. Subject to Catch-All Restrictions. Subject to Specific Restrictions. Exception for Sovereign Rights on Gulf or Bay Front. Subject to Survey. Subject to Zoning. Subject to Party Wall Agreement. Subject to Special Assessment. Common Driveway Clause. Subject to Life Estate of Grantors. Subject to Easement for Drain.

E. COVENANTS FOR TITLE

In General. Covenant by One Person to One Person. Joint Covenant by Two or More Persons to One Person. Joint and Several Covenant.

XXI

Sec. 17.94 17.95 17.96 17.97

17.98 17.99

17.100 17.101 17.102 17.103 17.104 17.105 17.106 17.107 17.108 17.109 17.110 17.111 17.112 17.113 17.114 17.115 17.116 17.117 17.118 17.119 17.120 17.121 17.122 17.123

17.150 17.151

17.152 17.153 17.154 17.155 17.156 17.157 17.158 17.159 17.160 17.161 17.162 17.163 17.164

TABLE OF CONTENTS

Several Covenant. __ Another Form. Covenant by a Husband and Wife. Covenants by Several Grantors, Each for His Own Proportion of the

Estate Only. Mutual Covenants-Independent. __ Covenant to Convey Being Dependent Upon Covenant to Pay

Purchase Money. Covenant for Seisin. __ Short Form. __ Several and Not Joint. __ By Life Tenant and Tenant in Fee of the Reversion. Covenant for Seisin by Executors. Covenant for Power to Convey. Covenant for Seisin and Power to Convey. Covenant for Quiet Possession. __ Short Form. Covenant Against Encumbrances. __ Short Form. Covenant for Further Assurance. __ Short Form. Covenant Against Grantor's Acts. __ Short Form. Covenant by Grantors Against Their Own Acts. Covenant of General Warranty. Covenant of Special Warranty. Covenants of Seisin and Warranty. Covenant Against Nuisances. Stipulation Against Implied Covenants. Covenant by Personal Representatives. Provision for Covenants to Run With the Land. Remedy for Breach of Covenant.

F. RESERVATIONS AND EXCEPTIONS

In General. Clause Modifying Granting Clause Where Reservations Etc. Follow at

End of Deed. Exception of Lands. Reservation of Water for Stock. Reservation of Water Rights-Typical Clauses. Clause Reserving Right to Water Well. Reservation of Life Interest. Clause Reserving Life Estate-Another Form. Reservation of Right to Party Wall. Reservation of Right or Privilege. Reservation of Oil and Gas. Reservation of Water Rights in Lake. Reservation of Right of Access to Lake. Reservation of Merchantable Timber. Clause Excepting Life Estate.

XXII

Sec. 17.165 17.166 17.167

17.180 17.181 17.182 17.183 17.184

17.200 17.201 17.202 17.203 17.204 17.205 17.206 17.207

18.1 18.2 18.3

18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23

TABLE OF CONTENTS

Clause Reserving Right of Way. Clause Reserving Right to Lay Pipes. Catch-All Restrictions, Reservations, Etc.-Clause.

G. HABENDUM CLAUSES

Deed Releasing to Heirs or Devisees. Premises Subject to Life Estate of Grantors. Premises Subject to Easement for Party Walls. Premises Subject to Easement for Drain. Premises Subject to Timber Contracts.

H. ATTESTATION CLAUSES

Attestation-General. Witness Clause When Signature by Mark. Where Signature Is by Mark-Another Form. Witness Clause When Party Is Blind. Where Signature Is Written for Grantor. Where Execution Is by Agent. Where Execution Is by Officers of Municipal Corporation. Where Execution Is by Municipal Corporation-Another Form.

CHAPTER 18. RESTRICTIONS AND SUBDIVISIONS

A. RESTRICTIONS IN GENERAL AND SAMPLE CLAUSES

In General. Declaration of Restrictions. Deed of One Lot With Restrictions for the Benefit of All Lots Em-

braced in a General Plan. Restricted to Single-Family Residences. Covenant Fixing Building Line. Restriction Against Re-subdividing Lot. Restriction of Right to Erect Fences. Restrictions as to Cost of Building and Changing Grading. Approval of Building Plans Required. Plans Are Approved. Covenant by Grantee to Be Liable for Proportionate Share of Expenses. Covenant by Grantee to Pay Annual Charge. Covenant by Grantor to Subject All Lots to Same Restrictions. Covenant by Grantor to Set Aside Lots for Park Purposes. Approval of Sale or Transfer. Cancellation or Amendment of Restrictions by Grantor. Persons Entitled to Enforce Restrictions and Remedies for Violations. Expiration Date or Term. Notice of Extension of Restrictions. Discharge of Restrictions by All the Owners of Record. Clause Creating a Determinable Fee. Clause Creating a Fee on Condition Subsequent. Clause Restricting Use to Public Library Purposes.

XXIII

Sec. 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33

18.50 18.51

18.52

18.53

18.54

18.55

18.56

TABLE OF CONTENTS

Clause Restricting Use to City Hall Purposes. Clause Restricting Use to Camp Site for Boy Scouts. Reversion Clause in Deed to Government. Reservation, No Building to Be Erected on Premises. Covenant Not To Build so as to Obstruct Light and Air. Covenant to Maintain Fences. Restrictive Covenant. Notice of Extension of Building Restrictions-All Lot Owners. Release of Restrictions-All Lot Owners. Extension and Amendment of Restrictions.

B. BUILDING RESTRICTIONS

General Plan Restrictions in Deed. Simple Building Restrictions to Be Inserted in Deed-Single Family

Dwelling-Construction Cost Limit. Simple Building Restrictions to Be Inserted in Deed-One Family

Dwellings-Square Footage Limit-Setbacks. Declaration of Simple Building Restrictions-For Whose Benefit-­

Expiration Date. Declaration of Simple Subdivision Restrictions-One Family Resi­

dences-No Detached Garages, Etc. Declaration of Simple Subdivision Restrictions-Single-Family Dwell­

ing-Limit on Cost, Quality, Size. Restrictions for a New Subdivision.

C. COMPREHENSIVE RESTRICTIONS FOR DEVELOPMENTS

18.70 18.71 18.72 18.73 18.74 18.75

· 18.76 18.77 18.78 18.79

18.90 18.91 18.92 18.93 18.94 18.95

WITH HOMEOWNER ASSOCIATIONS

Declaration of Covenants, Conditions and Restrictions. Declaration of Restrictions With Common Easements. Articles of Incorporation of Homeowners Association. Articles of Incorporation of Homeowners Association-Another Form. By-Laws of ___ Homeowners Association. By-Laws of Homeowners Association-Another Form. Exhibit C, Architectural Planning Criteria. Acceptance of Restrictions by Association. Joinder of Mortgagee. Amendment to Declaration of Restrictions.

D. SUBDIVISIONS

In General. Ownership Letter for Platting. Dedication of Streets in Plat. Nondedication of Streets in Plat. Clause Dedicating Streets in Plat for Private Use. Grant of Easement for Drainage Ditch.

XXIV

Sec. 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8

19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29

19.30 19.31 19.32 19.33

19.50 19.51 19.52 19.53 19.54 19.55 19.56 19.57 19.58 19.59

19.60

TABLE OF CONTENTS

CHAPTER 19. ACKNOWLEDGMENTS AND POWERS OF ATTORNEY

A. GENERAL CONSIDERATIONS

In General. Need for Acknowledgment. Attestation Distinguished. Contents of Certificate. Statutory Forms of Acknowledgment. Effect of Defective Acknowledgment. Validating Acts. Authentication.

B. FORMS OF ACKNOWLEDGMENT

By Individual-Short Form. __ Sworn Form. By Corporation-Short Form. __ Sworn Form. By Foreign Corporation-Sworn Form. By Partnership-Short Form. __ Sworn Form. By Agent-Short Form. __ Sworn Form. By Trustee, Personal Representative or Public Officer-Short

Form. By Trustee-Sworn Form. By Husband and Wife-Sworn Form. By Personal Representative-Sworn Form. By Military Officer.

C. POWERS OF ATTORNEY

In General. Power of Attorney-Form. -- Another Form. -- Another Form. -- Real Estate With Business. Durable Power of Attorney-Specific Property. __ More General Form. -- Another Form. Power of Attorney Regarding Partnership Property. Clause for Power of Attorney Regarding Partnership Prop­

erty. Clause to Sell for Power of Attorney.

XXV

Sec. 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23

20.24

20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 20.36 20.37 20.38

20.39 20.40 20.41 20.42

TABLE OF CONTENTS

PART m. EASEMENTS, LICENSES AND PARTY WALLS

CHAPTER 20. EASEMENTS AND LICENSES

A. EASEMENTS

In General. Grant of Right of Way for All Purposes. Grant of Right of Way in Connection With Dwelling House. Agreement to Grant Right of Way Across Reserved Tract of Land. Grant of Right of Way to Governmental Subdivision. Granting Clause-Right of Way to Mortgagee. __ Right to Use in Common a Shore Line Strip. __ Right of Way for Electric Power Transmission Line. __ Right of Way for Aircraft. Aviation Easement. Aviation and Hazard Easement. Consent of Tenant to Grant of Right of Way. Highway Access Provisions. Grant of New Right of Way in Substitution for Existing Right of Way. Agreement Quieting Dispute as to Use of a Private Road. Acknowledgment That Private Road Is Used by Permission. Disclaimer of Interest in Land Made to Purchaser. Grant of Right of Way to Railway Company. Grant of Flowage Right. Agreement Fixing Damages in Event Lands Overflowed. Warranty Deed of Easement to Flood Land. Reservoir Flowage Easement. Granting Clause-Perpetual Easement Consistent With Flood Control

Plans. Agreement Between Riparian Owners as to Right to Impede Flow of

Water. Grant of Right of Sewage. Grant of Right to Lay Footings of Wall in Land of Adjoining Owner. Grant of Right of Lateral Support for a Building. Grant of Easement of Light. Transmission Line Easement. __ Short Form-Individual to Florida Power Corporation. ____ Corporation to Florida Power Corporation. __ Long Form-Individual to Florida Power Corporation. ____ Corporation to Florida Power Corporation. Distribution Line Easement-Individual to Florida Power Corporation. __ Corporation to Florida Power Corporation. Grant of Right to Lay Sewer Line. Agreement Between Adjoining Landowners as to Encroaching Fence. Agreement Between Adjoining Landowners Creating Driveway Ease-

ment. Agreement Regarding Excavation on Boundary Line. __ With Tenant. Conservation Easement-Fishing and Hunting. __ Scenic.

XXVI

Sec. 20.43 20.44 20.45 20.46

20.47 20.48 20.49 20.50 20.51 20.52 20.53 20.54 20.55 20.56

20.70 20.71 20.72 20.73 20.74 20.75 20.76 20.77

21.1 21.2 21.3 21.4 21.5 21.6 21.7

21.8 21.9 21.10 21.11

21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20

TABLE OF CONTENTS

__ Wetlands. Seawall Easement. Easement and Consent to Seawall. Deed Including Easements and Licenses for Ingress, Egress, Signage,

Etc., on Adjoining Land. Agreement Creating Mutual Easements-Commercial Property. Utility Easement. Easement for Access. Easement for Ingress and Egress. Easement for Signage. Easement Agreement-Maintenance Provisions. Release of Right of Way or Other Easement-By Indorsement. __ By Separate Deed. Fence Agreement. Easement for Sanitary Pump Station and Underground Utilities.

B. LICENSES

In General. License to Fish. License to Hunt. License to Baseball Club. License to Golf Club. Camping Permit. Agreement for Use of Land. License Agreement for Community Center.

CHAPTER 21. PARTY WALLS

In General. Agreement as to Party Wall to Be Built by Either Party. Party Wall Agreement. Agreement as to Party Wall to Be Built by One Party. Agreement That Either Party May Add to Height of Party Wall. Agreement to Build a Party Wall Entirely on Land of One Party. Agreement Settling Differences as to a Wall and Making It a Party

Wall. License to Use Wall for All Time. Grant of Right to Use Wall of Adjoining Building So Long as It Stands. __ In Form of Lease. Grant of Right to Use Wall of Adjoining Building and to Extend the

Same. Conveyance of a Share in a Wall So as to Make It a Party Wall. Release of Party Wall Easement. Party Walls in Multiple Dwelling Unit. Party Wall Declaration-Duplex Residence. Agreement for Removal of Retaining Wall Encroachment. Covenants to Run With Land. Easement in Land. Reimbursement for Use of Wall. Arbitration.

XXVII

Sec. 21.21 21.22 21.23 21.24

22.1 22.2 22.3 22.4 22.5 22.6 22.7

23.1 23.2 23.3 23.4 23.5

23.6 23.7 23.8

23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30

TABLE OF CONTENTS

Party Wall Provision in Deed From Proprietors of a Subdivision. Proviso in Deed That It Is Subject to Party Wall Agreement. Clause in Deed From Common Grantor as to Party Wall. Clause in Deed to Other Grantee.

PART IV. CONDOMINIUMS

CHAPTER 22. GENERAL INFORMATION ON CONDOMINIUMS

Definition of Condominium. Distinguishing Condominiums From Cooperatives. Historical Development of Condominiums. Overview of Condominium Creation. Condominium Conversion. Time-Share Condominiums. Miscellaneous Statutes and Regulations to Be Considered by Condo­

minium Developers.

CHAPTER 23. CREATION OF CONDOMINIUMS; AMENDMENTS

A. CHECKLISTS

Initial Condominium Checklist-Information Needed. Letter to Developer Client. Condominium Formation Timetable. Information Sheet for Declaration of Condominium and Exhibits. Information Sheet for Condominium Association Articles of Incorpora-

tion. Information Sheet for Condominium Association By-laws. Information Sheet for Condominium Management Agreement. Reservation Deposit Receipt Information Form.

B. FORMS

Filing Checklist. Declaration of Condominium. Consent of Mortgagee. Articles of Incorporation of Association. Bylaws of Association. Rules and Regulations. __ Another Form. Estimated Operating Budget. Management Agreement. Clerk's Receipt of Evidence of Payment of Taxes. First Amendment to Declaration of Condominium.

XXVIII

Sec. 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11

25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25;10 25.11 25.12

TABLE OF CONTENTS

CHAPTER 24. SALES OF CONDOMINIUMS

Customer Questionnaire. Reservation Deposit Agreement. Prospectus. Condominium Unit Purchase Agreement. Addendum to Contract of Sale. Receipt for Condominium Documents. Real Property Sales Disclosure. Escrow Agreement. Closing Statement. Purchaser's Waiver of 15-Day Right to Cancel. Agreement to Close Prior to. Expiration of 15-Day Voidability Period.

CHAPTER 25. CONDOMINIUM TIME-SHARING ARRANGEMENTS

In General. Statutes Regulating Time-Sharing Arrangements. Cancellation Provision. Public Offering Statement Required Provision. Public Offering Statement. Declaration of Timeshare. Surveyor's Certificate. Articles of Incorporation. Bylaws. Renewable Management Agreement. Purchase Agreement. Initial Rules and Regulations.

Volume 4

PART V. MORTGAGES AND OTHER REAL ESTATE LOAN DOCUMENTS

26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13

CHAPTER 26. INTRODUCTION TO REAL ESTATE FINANCING

In General. Rights and Relations of the Parties. Property Subject to a Mortgage. Lien of Mortgage. Recording and Priorities. Default, Redemption, and Foreclosure. Construction of Mortgages. Governing Law. Installment Land Contracts. Absolute Deed Given as Security. Conditional Sales. Sale and Leaseback. Real Estate Settlement Procedures Act.

XXIX

TABLE OF CONTENTS

CHAPTER 27. LOAN APPLICATIONS, COMMITMENTS, LOAN AGREEMENTS, AND CLOSING DOCUMENTS

A. CHECKLISTS, APPLICATIONS AND FINANCIAL STATEMENTS Sec. 27.1 Loan Closing Documents Checklist. 27.2 Loan Closing Figures Worksheet. 27.3 Application for Loan. 27.4 __ Another Form. 27.5 Personal Financial Statement. 27.6 Business Financial Statement. 27. 7 Approval by Loan Committee. 27.8 Appointment of Agent to Procure Loan.

B. COMMITMENT LETTERS

27.20 Letter of Commitment. 27.21 Loan Commitment Letter. 27 ,22 __ Second Mortgage. 27.23 Letter Extending Loan Commitment.

C. LOAN AGREEMENTS

27.30 Construction Loan Agreement. 27.31 Construction Agreement-To Complete Construction After Closing­

With Mortgage Holdback.

27.40 27.41 27.42 27.43 27.44 27.45 27.46 27.47 27.48 27.49 27.50 27.51 27.52 27.53 27.54

27.55 27.56

D. CLOSING DOCUMENTS

Insurance Anti-Coercion Statement. Insurance Anti-Coercion and Escrow Agreement. Notice to Borrower of Special Flood Hazard Area. Notice to Borrower-National Flood Insurance Program. Loan Settlement Statement. Construction Loan Disbursement Statement. Borrower's Affidavit. __ Construction Loan. Lien and Possession Affidavit. Partnership Resolution. Affidavit of Corporation. Further Assurance and Compliance Agreement. Compliance Agreement. "Name Same" Affidavit. Notice to Purchaser:-Mortgagor-Regarding Mortgagee Title Insur­

ance. Certificate of Incumbency. Environmental Indemnification Agreement.

XXX

Sec. 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14

28.15

28.16

28.17

28.18

28.19

TABLE OF CONTENTS

CHAPTER 28. FEDERAL TRUTH IN LENDING ACT

A. IN GENERAL

In General. Disclosure Statement-Comment. Retail Installment Truth in Lending (Regulation Z) Disclosure. Credit Sale Model Form. Loan Model Form. Mortgage With Demand Feature Sample. Variable Rate Mortgage Sample. Variable Rate Model Clauses. Assumption Policy Model Clause. Required Deposit Model Clause. Right of Rescission-Comment. Rescission Model Form-Closed-End Transaction. Rescission Model Form (Refinancing)-Closed-End Transaction. Rescission Model Form (When Opening an Account)-Open-End

Transaction. Rescission Model Form (For Each Transaction)-Open-End Transac­

tion. Rescission Model Form (When Increasing the Credit Limit)-Open­

End Transaction. Rescission Model Form (When Adding a Security Interest)-Open-End

Transaction. Rescission Model Form (When Increasing the Security)-Open-End

Transaction. Notice of Right to Cancel.

B. HOME EQUITY LOANS

28.100 Home Equity Loan Consumer Protection Act of 1988.

CHAPTER 29. MORTGAGES AND SECURITY AGREEMENTS

A. MORTGAGES

29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15

In General. Mortgage. Residential Property Mortgage. Non-residential Property Mortgage. Mortgage-Wraparound-No Future Advances. Balloon Mortgage. Mortgage-FNMA/FHLMC Form. __ Another Form. __ Another Form. __ Short Form. __ Another Short Form. __ Long Form. __ Another Long Form. __ Another Long Form. __ From Corporation.

XXXI

TABLE OF CONTENTS

Sec. 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27

____ Another Form. __ From Corporation to Individual. ____ Another Form. __ From Corporation to Corporation. __ To Corporation.

29.50 29.51 29.52 29.53 29.54 29.55 29.56 29.57 29.58 29.59 29.60 29.61 29.62 29.63 29.64 29.65

29.66 29.67 29.68 29.69 29.70

29.71 29.72 29.73 29.74 29.75 29.76 29.77 29.78 29.79 29.80 29.81 29.82 29.83

____ Another Form. __ To Corporation From Individual. __ Balloon. ____ Another Form. Construction Loan Mortgage. __ Another Form. Mortgage-Long Form.

B. CLAUSES FOR MORTGAGES

Definition of Parties. Truth in Lending Not Applicable. Covenant of Warranty of Title. Covenant to Pay Cost of Litigation Involving Title. Incorporation by Reference of Supplemental Agreement. Homestead Disclaimer Clause. Purchase Money Mortgage Clause. Clause Against Usury. __ Another Form. Rate of Interest After Default. Personal Property Clause. Provision for Improvements to Be Made by Mortgagor. Assignment of Royalties as Additional Security. Partial Release Clause. __ Another Form. Clause Creating Inferior Lien With Option to Call Inferior Note Due

Upon Default on Prior Note. Provision for Possession by Mortgagor. Future Advances Clause. __ Another Form. __ Another Form. Modification Agreement Provisions as to Future Advances or Re-

advances. Dragnet Clause. __ Another Form. Provision Securing Advances for Taxes, Insurance and Other Liens. Covenant to Pay Indebtedness. Payment of Debt and Interest Clause. __ Another Form. Proviso for Payment of Unliquidated Amount. Late Charges Provision. Eminent Domain Award Clause. __ Another Form. Prepayment Clause. __ Another Form. Prepayment Penalty Clause.

XXXII

Sec. 29.84 29.85 29.86 29.87 29.88 29.89 29.90 29.91 29.92 29.93 29.94 29.95 29.96 29.97 29.98 29.99 29.100 29.101 29.102 29.103

29.104 29.105 29.106 29.107 29.108 29.109 29.110 29.111 29.112 29.113 29.114 29.115 29.116 29.117 29.118 29.119 29.120 29.121 29.122 29.123 29.124

TABLE OF CONTENTS

Covenant to Insure. __ Another Form. __ Flood Insurance. -- With Power to Collect, Settle and Compromise. Covenant to Pay Taxes. __ Another Form. Covenant to Pay Liens. Covenant to Pay Expenses of Litigation. Covenant to Pay Expenses to Remedy Default or Preserve Lien. Compliance With Provisions of Prior Mortgage Clause. __ Another Form. Mortgagee's Right to Inspect Premises Clause. Covenant to Keep Premises in Repair. __ Another Form. No Alteration Clause. Acceleration Clause. __ Another Form. __ Another Form. __ Another Form. Provision Against Waiver Due to Failure to Exercise Option to Acceler-

ate. Borrower's Right to Reinstatement After Acceleration. Due-on-Transfer Clause. __ Another Form. __ Another Form. Clause Precluding Sale "Subject To". Non-Merger Provision in Deed. Subordinate Mortgage Clause. Attorney's Fee Upon Foreclosure Clause. Covenant to Pay Attorney's Fees. Exemption of Mortgagor From Personal Liability Clause. Extension of Time of Payment Provision. Provision for Appointment of Receiver. Covenant as to Notice and Demand. Waiver of Demand and Presentment for Payment. Covenant for Further Assurance. Right to Skip Payments Clause. Grace Period for Borrower in Need Clause. Clause Limiting Waiver to Particular Instance. No Personal Liability Clause. No Default Clause. Application of Prepaid Amounts Clause.

C. MORTGAGE-RELATED SECURITY AGREEMENTS

29.150 Security Agreement. 29.151 __ Construction Loan. 29.152 __ Another Form. 29.153 Satisfaction of Security Agreement. 29.154 Assignment of Rents, Leases, Contracts, Accounts Receivable, Accounts

and Deposit Accounts-Construction Loan. 3 FlaLegal Forms-Real Estate Transactions-2 XXXIII

Sec. 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15

30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25

30.50 30.51 30.52 30.53 30.54

31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8

TABLE OF CONTENTS

CHAPTER 30. MORTGAGE NOTES AND GUARANTIES

A. MORTGAGE NOTES

In General. Mortgage Note-Simple Form. Simple Demand Note. Simple Installment Note. __ Another Form. Balloon Promissory Note. Mortgage Note-Guaranteed. __ Cross Default-30 Day Grace Period. __ Due on Sale. __ Interest Only Initially-Converting to Monthly Payments. __ Detailed Bank Form. __ Line of Credit. __ Another Form. __ Principal Payable in Monthly Installments-Interest Included. Promissory Note-Principal Payable in Monthly Installments-Inter-

est Included. Installment Note. __ Another Form. __ Another Form. __ Another Form. __ Another Form. Construction Loan Mortgage Note. Installment Mortgage Note. __ Prepayment Penalty. ____ Another Form. Mortgage Note-Adjustable Rate.

B. GUARANTIES AND MISCELLANEOUS

Guaranty Agreement. Continuing and Unconditional Guaranty. Guaranty of Mortgage Note. Guaranty of Mortgage Note-Another Form. Assignment of Mortgage Note by Endorsement.

CHAPTER 31. MISCELLANEOUS MORTGAGE-RELATED FORMS

A. ASSIGNMENT OF MORTGAGES

In General. Assignment of Mortgage. __ Another Form. __ Another Form. __ Another Form. __ From Corporation. ____ Another Form. __ By Endorsement.

XXXIV

Sec. 31.9 31.10 31.11 31.12 31.13

31.20 31.21 31.22 31.23 31.24 31.25

31.30 31.31 31.32 31.33 31.34 31.35

31.40 31.41 31.42 31.43

31.50 31.51 31.52 31.53 31.54 31.55 31.56 31.57

31.60

31.61 31.62 31.63

TABLE OF CONTENTS

__ By Assignee. __ With Guaranty. __ As Collateral Security. ____ Another Form. Notice of Assignment.

B. SATISFACTION OF MORTGAGES

Satisfaction of Mortgage-Simple Form. __ Another Form. __ Another Form. __ Another Form. __ By Corporation. ____ Another Form.

C. RELEASE OF MORTGAGES

Partial Release of Mortgage-Simple Form. __ Another Form. __ Another Form. __ By Corporation. ____ Another Form. Release of Part of Land Covered by Vacant Land-Mortgage Clause.

D. EXTENSION OF MORTGAGES

In General. Extension Agreement. __ Another Form. Consent of Second Mortgagee to Extension of First Mortgage.

E. SUBORDINATION AGREEMENTS

In General. Multiparty Subordination of Mortgage. __ Another Form. Unilateral Subordination of Mortgage. Mortgage Subordination Agreement. Mortgage Subordination Agreement and Consent. Provision That Mortgagee Will Subordinate to a Later First Mortgage. Automatic Subordination Clause.

F. ASSUMPTION AGREEMENTS

Agreement Between Mortgagor, Mortgagee and Purchaser for Assump-tion of Mortgage by Purchaser and Release of Mortgagor.

Assumption Agreement with Release. Mortgage Assumption Agreement With Release. Modification and Assumption Agreement With Release.

XXXV

Sec. 31.70 31.71

TABLE OF CONTENTS

G. MODIFICATIONS

Modification of Note and Mortgage. Mortgage Modification Agreement-Extending Maturity.

H. FUTURE ADVANCES

31.80 Future Advance and Note and Mortgage Modification, Extension and Consolidation Agreement.

31.81 Future Advance Note.

I. MISCELLANEOUS MORTGAGE-RELATED FORMS

31.90 · Consent of Purchaser in Possession to Mortgage. 31.91 Letter of Consent to Not Exercise Due-On-Transfer Provision.

PART VI. LANDLORD AND TENANT

CHAPTER 32. GENERAL INFORMATION AND AGREEMENTS FOR LEASES

A. GENERAL INFORMATION

32.1 Introduction. 32.2 Lease Defined. 32.3 Form and Execution of Lease. 32.4 Essential Parts of Lease. 32.5 Contents Generally. 32.6 Fraud and Other Infirmities. 32.7 Implied Easements. 32.8 Proviso for Re-entry. 32.9 Memorandum of Lease. 32.10 Checklist for Drafting Leases. 32.11 __ Another Form.

32.20 32.21 32.22 32.23 32.24

32.25

32.26 32.27

B. AGREEMENTS FOR LEASES

In General. General Form of Agreement to Lease. Agreement for Lease of Dwelling House. Agreement for Lease of Office Building-Letter Form. Agreement for Lease to Be Granted on Termination of Existing

Lease-New Tenant to Make Alterations. Agreement for Lease of Building to Be Constructed in Accordance

With Plans Approved by the Parties-Percentage of Gross Receipts with Minimum Guaranteed Rental.

Agreement Conferring Option to Take Lease. A Contract for a Lease.

XXXVI

Sec. 33.1 33.2 33.3

33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23

33.50 33.51 33.52 33.53 33.54 33.55 33.56

33.70 33.71 33.72 33.73 33.74 33.75

33.80 33.81 33.82

TABLE OF CONTENTS

CHAPTER 33. RESIDENTIAL TENANCIES

A. APPLICATIONS

Rental Application. __ Another Form. Authorization to Obtain Account Information.

B. DWELLING HOUSE LEASES

Lease-Common Form. ____ Another Form. __ Short Form. House Lease. Residential Lease. __ Another Form. __ Another Form. Dwelling House Lease-Long Form. Furnished House Lease. __ Short Term and Month-to-Month. Dwelling House Lease-With Options for Renewal and Purchase. __ With Options for Renewal and Purchase-Another Form. Dwelling Lease. Lease Agreement.

C. APARTMENT LEASES

Apartment Lease-General Form. __ With Rules and Regulations. Furnished Apartment Lease-With Rules and Regulations. Apartment Lease-Another Form. __ Another Form. __ Another Form. Garage Apartment Lease.

D. CONDOMINIUM LEASES

Condominium Lease-Short Form. __ Furnished. Residential Condominium Lease. Condominium Lease-Another Form. Lease With Option to Purchase-Lessee's Form. Condominium Apartment Lease-With Purchase Option.

E. MISCELLANEOUS

Security Deposit Information to Our Tenants. Forwarding Address Notice. Resident Admission Agreement.

XXXVII

Sec. 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18

34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29

35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8

35.9 35.10 35.11

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CHAPTER 34. COMMERCIAL LEASES

Lease-Office or Business. Business Lease. __ Another Form. __ Another Form. __ Another Form. Lease--Tenements or Offices. Business Lease--Another Form. Lease Agreement for Realty-By Shareholder to Corporation. Business Lease--Industrial Park Space. Business Lease With Option to Purchase--Includes Business. Lease of Office Space. Lease Agreement-Restaurant-Tenant's Form. Office Lease. Lease for General Commercial Purposes. __ Another Form. __ Another Form. Commercial Lease-Clauses Protecting Tenant's Interests. Office Lease Agreement-Improvements to Be Made--Operating Costs

to Be Reimbursed-With Rider for Option to Renew and Right of First Refusal.

__ Short Form. __ Another Form. Shopping Center Lease. __ Another Form. Lease of Parking Space. Mini Storage Agreement-Short Form. __ Another Form. Motel Lease. Lease of Land for a Golf Course. Oil, Gas and Mineral Lease. Memorandum of Lease.

CHAPTER 35. LEASE CLAUSES

A. TERM OF LEASE

Fixed Period. Period of Lessee's Life. Tenancy From Week to Week. Tenancy From Month to Month. Tenancy From Year to Year. Beginning of Term-Completion of Improvements. Holding Over. Right of Remaining Partner on Dissolution of the Partnership to

Continue as Lessee. Extension of Term at Option of Lessee. Renewal of Lease at Option of Lessee. Commencement and Expiration When Landlord to Perform Work on

Premises Before Commencement.

XXXVIII

·sec. 35.12 35.13 35.14

35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35

35.40 35.41 35.42 35.43 35.44 35.45 35.46 35.47

35.60 35.61 35.62 35.63 35.64 35.65 35.66 35.67 35.68 35.69 35.70 35.71 35.72 35.73 35.74

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Commencement and Termination Where Alterations Are Being Made. Commencement on Securing of Licenses and Permits. Commencement on Securing Certificate of Occupancy.

B. DELIVERY OF POSSESSION

On Date of Commencement. On Fixed Date. Immediately on Signing. Prior to Commencement Date. Subject to Existing Tenancy. Completion of Alterations. __ Another Form. Delay or Inability to Deliver. __ Another Form. __ Another Form. __ Another Form. __ Another Form. Eviction of Holdover Tenant. Eviction of Present Tenant by Lessor. Execution and Delivery of Lease Conferring Rights. __ Another Form.

C. INSURANCE

Insurance Provided by Lessee. __ Trustee to Hold. __ Pay Increase. _ Liability. __ Plate Glass. Insurance Provided by Lessor. __ Another Form. Fire Hazard Not to Be Increased.

Covenant to Pay Rent. Monthly Installments.

D. RENT

Escalator Clause Based on Price Index. Base Rent Plus Percentage of Gross Sales. Base Rent Plus Percentage of Net Sales. Percentage of Gross Sales With a Guaranteed Minimum. __ Gross Sales Defined. __ Right to Inspect Lessee's Books. Covenant to Pay for Utilities. Covenant to Pay Taxes. Covenant to Pay Taxes and Assessments. Covenant to Pay Taxes in Excess of Fixed Amount. Covenant to Pay Tax Increase Caused by Improvement. Additional Rent for Increase in Real Estate Taxes. -- Limitation.

XXXIX

Sec. 35.75 35.76 35.77 35.78 35.79 35.80

35.81

35.82 35.83

35.100 35.101 35.102 35.103

35.110 35.111 35.112 35.113 35.114 35.115

35.116 35.117 35.118 35.119 35.120 35.121 35.122 35.123 35.124 35.125 35.126 35.127

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Escalator Clause-Real Estate Taxes and Specified Operating Costs. Cumulative Limit on Rent Escalation. Noncumulative Limit on Rent Escalation. Time of Payment of Additional Rent Under Tax Escalation Clause. Commencement of Rent on Completion of Work. Advance Payment of Rent for Last Year of Term with Provision for

Discount. Security for Performance of Lessee's Obligations-Covenant to Deliver

Bond. __ Lien on Personal Property of Lessee. Surety's Engagement.

E. SECURITY DEPOSITS

Cash Deposit. __ Another Form. Deposit in Interest Bearing Account. Return of Security.

F. ALTERATIONS AND IMPROVEMENTS

Right of Lessee to Make Alterations. __ Another Form. __ Restoration of Premises at End of Term. __ Written Consent of Lessor. __ Plans to Be Approved by Lessor. __ Consent of Lessor-Use for Purposes Other Than Those Designat-

ed. __ Conditions Imposed Upon Lessee. __ Approval of Plans. __ Contractors and Plans to Be Approved by Lessor. __ Conditions Imposed. __ Limitations and Conditions; Lessor's Contributions. Removal of Buildings, Structures and Fixtures. Restoration of Premises at End of Term. Liability and Worker's Compensation Insurance. Necessary to Permit Lawful Conduct of Business. Ownership of Improvements by Lessor. Materials to Be Used. Alterations by Lessor-Shopping Center-Prohibition.

G. MAINTENANCE AND REPAIR OF PREMISES

35.140 Condition of Premises. 35.141 Lessee to Keep Premises in Good Order. 35.142 Lessee to Preserve Furniture. 35.143 Lessee Not to Overload. 35.144 Lessee to Maintain Sprinkler System. 35.145 Lessee to Maintain Elevators. 35.146 Lessee to Comply With Municipal Orders. 35.147 Right of Lessor to Inspect Premises.

XL

Sec. 35.148 35.149 35.150 35.151 35.152 35.153 35.154 35.155 35.156 35.157 35.158 35.159 35.160 35.161 35.162 35.163 35.164

35.180 35.181 35.182 35.183 35.184 35.185 35.186 35.187 35.188 35.189 35.190 35.191 35.192 35.193 35.194 35.195

35.196 35.197 35.198

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Trees Not to Be Cut. Lessor's and Lessee's Obligations to Repair. __ Lessee to Keep in Repair. __ Another Form. __ Lessee to Make Repairs of Every Nature. Lessor to Keep Outside Walls and Roof in Repair. Maintenance-Painting. Structural and Extraordinary Repairs by Lessor. Compliance With Laws, Ordinances, Etc. Maintenance and Repair by Lessor. __ Another Form. __ Repair Entire Premises. __ Keep Outside Walls and Roof in Repair. __ Exterior. __ Painting. __ Clean Windows. _· _ Cleaning and Rubbish Removal.

H. USE OF PREMISES-QUIET ENJOYMENT

Competitor Exclusion Clause. Quiet Enjoyment Covenant. __ Another Form. __ Another Form. __ Another Form. Restriction on Use-Dwelling House. Restriction on Use Clause-Commercial Space. __ As Provided in Lease. __ Notto Be Used for Business. __ Store. __ Advertisements. __ No Display of Merchandise on Sidewalk. __ Signs. __ Posting of Bills Prohibited. __ Receipt and Shipment of Merchandise. Restrictions on Use Clause-Conditions for Use of Machines and

Mechanical Equipment. Display of Signs. __ Another Form. __ Another Form.

I. DESTRUCTION AND CONDEMNATION OF PRE¥1SES

35.210 Destruction of Leased Premises. 35.211 __ Another Form. 35.212 __ Another Form. 35.213 __ First Refusal Option. 35.214 __ Use of Proceeds of Insurance. 35.215 Eminent Domain. 35.216 __ Another Form. 35.217 __ Rent Reduction if Part of Premises Taken.

XLI