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EXHIBIT 10.1
CONTRACT FOR SALE AND PURCHASE
THIS AGREEMENT, dated this ____ day of April, 1997, between FLORDECO,
LTD. a Florida Limited Partnership, whose address is X.X. Xxx 0000, Xxxx Xxxxx,
Xxxxxxx 00000, shall hereafter be collectively referred to as PURCHASER, and
XXXXXXX X. XXXXXXX, TRUSTEE OF TWO THIRTY FIVE XXXXX TRUST, whose address is
X.X. XXX 0000, Xxxx Xxxxx, Xxxxxxx 00000, shall hereafter be referred to as
SELLER.
This Agreement shall specifically be subject to SELLER obtaining the
approval in writing of this Contract for Sale and Purchase by the beneficial
interest holders of the Two Thirty Five Xxxxx Trust.
1. LEGAL DESCRIPTION
Lots 1-P, 1-Q and the Southerly 35 feet of Xxx 0-X xx X.X.X. & X.,
XXXXXXXXXXX XX. 0, as recorded in Plat Book 30 at pages 35-38,
Public Records of Xxx County, Florida.
2. PROPERTY:
(a) The conveyance of the Land by SELLER to PURCHASER shall
include:
(1) All right, title and interest of SELLER in and to
any land as descripted in Section 1 hereof.
3. PRICE, TERMS & CONDITIONS:
(A) Purchase Price. The total purchase price shall be ONE
HUNDRED EIGHTY THOUSAND DOLLARS AND NO/100 ($180,000.00).
(B) Balance to Close. Fifteen (15) paid up Units in FLORDECO,
LTD. shall be transferred at closing in the following names and total number
of units for each.
Xxxxx X. Xxxxxx 7.0 units
Xxxxx X. Xxxxxx, Xx. 2.8 units
Xxxxxx Xxxxxx 1.4 units
GGB Profit Sharing Partnership 2.8 units
Flordeco Realty 1.0 unit
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TOTAL UNITS 15.0 units
(C) Effective Date of Contract. For the purpose of this
Contract, the effective date shall be defined as the date of the Consent to
transfer from the beneficial interest holders of the Two Thirty Five Xxxxx
Trust.
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(D) Title Insurance. The PURCHASER, at PURCHASER'S expense
shall purchase Title Insurance in the amount of $180,000.00. Said title
insurance is to issued on Attorney's Title Insurance Fund, Inc., by Xxxxxxxx,
Xxxxxxxxx & Xxxxxxx, P.A.
(E) Closing Cost. PURCHASER shall have pay all closing cost,
including any and all attorney fees, documentary stamps on the Trustee's Deed,
recording fees.
(F) Closing. Closing shall take place on or before April
30, 1997.
(G) Brokerage Fee. SELLER agrees to the exchange of one (1)
unit to be titled in the name of FLORDECO, LTD., as compensation to FLORDECO
REALTY, INC. There shall be no additonal compensation, monetary or any other
valuable consideration to anyone as it relates to the subject sale.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
on the day and year first above written
"PURCHASER" "SELLER"
/s/ Xxxxxx X. Xxxxxx, Xx. /s/ Xxxxxxx X. Xxxxxxx
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XXXXXX X. XXXXXX, XX. XXXXXXX X. XXXXXXX, Trustee
FLORDECO, LTD. TWO THIRTY FIVE XXXXX TRUST
"BENEFICIARIES OF TWO THIRTY-FIVE XXXXX TRUST"
/s/ Xxxxx X. Xxxxxx
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XXXXX X. XXXXXX
/s/ Xxxxx X. Xxxxxx, Xx.
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XXXXX X. XXXXXX, TRUSTEE
/s/ Xxxxxx Xxxxxx
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XXXXXX XXXXXX
/s/ Xxxxxxx X. Xxxxxxx
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XXXXXXX X. XXXXXXX, Chairmen
Advisory Committee
GGB Profit Sharing Partnership
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$ 6.00 Recording
1,260.00 Documentary Stamps
Property Appraiser's
Parcel ID Nos. 36-44-24-P2-00200.1Q00
36-44-24-P2-00200.1Q00
This instrument prepared by: Documentary Tax Pd. $ 1,260.00
Xxxxxxx X. Xxxxxxx, Esquire $___________Intangible Tax Pd.
XXXXXXXX, XXXXXXXXX & XXXXXXX, P.A. XXXXXXX XXXXX, CLERK XXX COUNTY
P.O. Box 2366 By /s/ Deputy Clerk
Xxxx Xxxxx XX 00000 -----------------
97-612
TRUSTEE'S DEED
BY THIS DEED, XXXXXXX X. XXXXXXX, Trustee of the TWO THIRTY FIVE XXXXX
TRUST, herein call Grantor, whose address is X.X. Xxx 0000, Xxxx Xxxxx, Xxxxxxx
00000, in consideration of $10.00 paid by FLORDECO, LTD, a Florida limited
partnership, herein called Grantee, whose pose office address is Post office Box
6966, Fort Xxxxx, Florida 3911 conveys to Grantee the following described land,
situate, lying and being in XXX County, Florida, to-wit:
Lots 1-P, 1-Q and Southerly 35 feet of Lot 1-R, C.S.L.&G.
SUBDIVISION NO. 1, as recorded in Plat Book 30, at pages 35-38, Public
Records of Xxx County, Florida
SUBJECT to easements, restrictions and reservations of record,
and property taxes for the current year.
GRANTOR COVENANTS with Grantee that Grantor has good right and lawful
authority to sell and convey the property and Grantor warrants the title to the
property for any acts of Grantor and will defend the title against the lawful
claims of all persons claiming by through or under Grantor.
DATED: 4/29/97
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Executed in the presence of:
/s/ Xxxxxxx Xxxxxxx /s/XXXXXXX X. XXXXXXX, Trustee
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Witness Signature XXXXXXX X. XXXXXXX, Trustee
of TWO THIRTY FIVE XXXXX TRUST
/s/ Xxxxxxx Xxxxxxx
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Witness Printed Name
/s/ Xxxx X. Xxxxxxx
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Witness Signature
/s/ Xxxx X. Xxxxxxx
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Witness Printed Name
STATE OF FLORIDA )
)
COUNTY OF XXX )
I HEREBY CERTIFY that on this day before me, an officer duly qualified
to take acknowledgements, personally appeared XXXXXXX X. XXXXXXX, X who is
personally known to me or ____ who produced ___________________ (type of
identification) as identification.
WITNESS my hand and official seal in the County and State last aforesaid
this 29th day of April, 1997
/s/ Xxxxxxx Xxxxxxx
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Notary Public
Commission No.
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My Commission Expires:
6/11/99
[Notary Logo]
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SETTLEMENT STATEMENT
SELLER: XXXXXXX X. XXXXXXX, TRUSTEE OF TWO THIRTY FIVE XXXXX
TRUST
BUYER: FLORDECO, LTD.
CLOSING DATE: APRIL 29, 1997
LEGAL DESC: Lots 1-P, 1-Q and the Southerly 35 feet of Xxx 0-X xx
X.X.X. & X, XXXXXXXXXXX XX. 0, Xxxx Book 30, Pages 35- 38, Xxx
County, Florida
Purchase Price $180,000.00
Credit for 15 Paid-up Units of Flordeco, Ltd. (180,000.00)
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Balance Due at Closing $ -0-
CLOSING COSTS
BUYER SELLER
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Broker's Commission to Flordeco Realty $12,000.00
Credit for 1 Paid-up Unit of Flordeco, (12,000.00)
Ltd. ---------
Balance Due Broker at Closing $ -0-
Title Insurance $ 975.00
Recording Deed 6.00
Documentary Stamps on Deed 1,260.00
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Total Closing Costs $ 2,241.00 $ -0-
I have carefully reviewed the Settlement Statement and to the best of my
knowledge and belief, it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. I further
certify that I have received a copy of the settlement statements.
/s/ Xxxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxxxx
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FLORDECO, LTD., a Florida XXXXXXX X. XXXXXXX, Trustee
limited partnership of TWO THIRTY FIVE XXXXX TRUST
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OWNER'S FORM
SCHEDULE A
Policy No.: OPM-1337340 Effective Date: April 30, 1997 Agent's File Reference: 97-612-SWB
at 4:22 p.m.
Amount of Insurance: $ 180,000.00
1. Name of Insured: FLORDECO, LTD, A FLORIDA LIMITED PARTNERSHIP
2. The estate of interest in the land described herein and which is covered by
this policy is a fee simple (if other, specify same) and is or the
effective date hereof vested in the named insured as shown by instrument
recorded in Official Records Book 2818, Page 1481, of the Public records of
Xxx County, Florida.
3. The land referred to in this policy is described as follows:
Lots 1-P, 1-Q and the Southerly 35 feet of Lot 1-R, C.S.L.&G., Subdivision
No.1, as recorded in Plat Book 30 at pages 35-38, Public Records of Xxx
County, Florida.
I, the undersigned agent, hereby certify that
the transaction insured herein is governed by RESPA yes x no
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if Yes to the above, I have performed all "core title agent services."
yes x
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ISSUED BY
XXXXXXXX, XXXXXXXXX & XXXXXXX, P.A. /s/
-------------------------------------- 3200 -------------------
------ AGENT SIGNATURE
NAME OF AGENT AGENT NO.
X.X. Xxx 0000 Xxxx Xxxxx XXXXXXX 00000
--------------------------- -------------------- ------
MAILING ADDRESS CITY ZIP
Form
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FUND OWNER'S FORM
SCHEDULE B
Policy or Guarantee No.: OPM-1337340
This policy or guarantee does not insure against loss or damage by reason
of the following exceptions:
1. Taxes for the year of the effective date of this policy or guarantee and
taxes or special assessments which are not shown as existing items by
the public records.
2. Rights or claims of parties in possession not shown by the public
records.
3. Encroachments, overlaps, boundary line disputes, and any other matters
which would be disclosed by an accurate survey and inspection of the
premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material
heretofore or hereafter furnished, imposed by law and not shown by the
public records.
6. Any adverse ownership claim by the State of Florida by right of
sovereignty in any portion of the lands insured hereunder, including
submerged, filed and artificially exposed lands, and lands erected to
such lands.
7. Matters as shown on the plat of C.S.L. & G. Subdivision No. 1 as
recorded in Plat Book 30, pages 35 - 38, Public Records of Xxx County,
Florida.
8. Xxx County Ordinance #86-14 recorded November 30, 1990 in Official
Record Book 2189, page 3281 and amended by Ordinance #86-38 in Official
Record Book 2189, page 3384, Public Records of Xxx County, Florida;
relating to garbage and solid waste collection.
9. Xxx County Ordinances No. 96-09, amending and re-stating Xxx County
Ordinance No. 95-20, relating to Xxx County Garbage and Solid Waste
Disposal Facilities; creating a municipal service benefit unit and a
municipal service taxing unit with Xxx County for residential and
commercial payments for solid waste disposal facilities cost; levying
certain special assessments for costs of Xxx County solid waste disposal
facilities. Ordinance No. 2776 of the City of Fort Xxxxx, Florida,
amending Article IV, solid waste, MSBU, Section 14-75, municipal solid
waste assessment program, XXXX.
00. Agreement by and between City of Fort Xxxxx and Owners of a majority of
the contiguous land area adjoining, bounding and abutting Xxxxx Avenue
between Colonial Boulevard and Xxxxxx Street recorded in Official
Record Book 775, page 93, Public Records of Xxx County, Florida.
Note: Taxes for the year 1997 became a lien on January 1, 1997,
however, they are not due and payable until November 1, 1997. Taxes
for the year 1996 wee paid on March 17, 1997 in the amount of
$2,506.10 for Strap No. 36-44-24-P2-00200.1QOD and $1,856.56 for Strap
No. 36-44-24-P2-00200.1P00.