FLORIDA.LEGAL FORMS

Volume 3

REAL ESTATE TRANSACTIONS

ByJAMES W. MARTIN

Member of the Florida BarSt. Petersburg, Florida

Sections 1.1-25

ST. PAUL, MINN.WEST PUBLISHING CO.

1990

PREFACE AND ACKNOWLEDGEMENT

COPYRIGHT @ 1990

By

WEST PUBLISHING CO.

These volumes have been prepared to assist lawyers and theirstaffs in preparing legal documents for real estate transactions by theuse of example forms used in other transactions. In addition todocument forms, the book contains procedures which, through the useof checklists and worksheets, assist the lawyer and staff in the produc-tion of documents for clients.

These are the forms that are generally required in Florida for realestate transactions. No form should be used and no procedure shouldbe followed unless the lawyer understands it and decides that it appliesto his or her practice and to the facts in the particular case. Eachlawyer's practice differs in some respects, and all transactions differ, sothe lawyer should plan to make changes to these forms and proceduresaccordingly.

Every real estate transaction involves one or more federal, stateand local tax questions. There are always issues concerning income,gift, estate, property, excise, documentary, intangible, sales and othertaxes arising from real estate transactions. These tax matters areoutside the scope of this work. Each person using this book shouldconsider the tax consequences of each form in this book on his or herown or by obtaining tax advice from a tax attorney, tax accountant orother tax professional.

The author thanks his family and publisher for their understand-ing and assistance. The author thanks his associate Katy Prats for herhelp with the landlord and tenant forms.

Ubrary of Congress Catalog Card Number: 89-051024

JAMES W. MARTINSt. Petersburg, Florida

October, 1990

*

3 F1aLegal Forms-Real Estate Transactions ill

SUMMARY OF CONTENTS

Volume 3

PART I. PURCHASE AND SALE OF REAL ESTATEChapter Page1. General Information 12. Other Checklists for Real Estate Transactions 393. Listing Agreements and Other Brokerage Agreements 624. Purchase and Sale Agreements-General Forms 775. Purchase and Sale Agreements-Installment Sales (Agree-

ments for Deed) 192

6. Purchase and Sale Agreements-Commercial and Industrial 2197. Contracts for Exchange of Real Property 2348. Options to Purchase ' 2909. Clauses for Real Estate Sale Contracts 31410. Amendments, Assignments, Notices and Other Forms Relat-

ed to Contracts 33911. Title Insurance ~__________________________35912. Affidavits and Documents Clearing Title 42113. Regulation of Land Sales Practices 43914; Other Federal Laws Regarding Real Estate 44915. Closing the Sale ~ ~__________472

PART rr, DEEDS, RESTRICTIONS,ACKNOWLEDGMENTS AND POWERS OF ATTORNEY

16. Common Deed Forms 58017. Deed Clauses 65618. Restrictions and Subdivisions 69419. Acknowledgments and Powers of Attorney 794

PART m. EASEMENTS, LICENSES AND PARTYWALLS

20. Easements and Licenses____________________________________________________81821. Party Walls 888

PART IV. CONDOMINIUMS22. General Information on Condominiums 91023. Creation of Condominiums; Amendments 91624. Sales of Condominiums 99025. Condominium Time-Sharing Arrangements 1018

V

SUMMARY OF CONTENTS

Volume 4PART V. MORTGAGES AND OTHER REAL ESTATE

LOAN DOCUMENTSChapter Page26. Introduction to Real Estate Financing 127. Loan Applications, Commitments, Loan Agreements, and

Closing Documents 1028. Federal Truth in Lending Act 8529. Mortgages and Security Agreements__________________________________11330. Mortgage Notes and Guaranties 31631. Miscellaneous Mortgage-Related Forms 366

PART VI. LANDLORD AND TENANT32. General Information and Agreements for. Leases 41933. Residential Tenancies 44834. Commercial Leases 55435. Lease Clauses___________________________________________________________________70736. Tenancy Notices and Evictions__________________________________________78737. Lease Assignments, Subleases, Modifications, Amendments

and Terminations 825

PART VIT. MISCELLANEOUS REAL ESTATE FORMS38. Construction 85939. Management Contracts "______________________90040. Variances, Zoning, Ad Valorem Tax, and Other Land Use

Matters_________________________________________________________________________916

Table of Statutes 929Index ~_____935

VI

TABLE OF CONTENTS

Volume 3PART I. PURCHASE AND SALE OF REAL ESTATE

CHAPTER 1. GENERAL INFORMATION

GENERAL CHECKLIST FOR REAL ESTATE TRANSACTIONSA.Sec.1.11.21.31.41.51.61.71.8

1.91.101.111.12

In General.Preparing to Represent the Seller.Preparing to Represent the Buyer.Information as to Parties.Identification of Parties.If Natural Persons, Ascertain.If Party Is a Corporation, Ascertain.If Party Is an Executor, Personal Representative, an Administrator, aGuardian, a Trustee, a Trustee in Bankruptcy, a Receiver, or anAssignee for the Benefit of Creditors, Ascertain.

If Party Is an Heir or Devisee, Ascertain.If Party Is an Unincorporated Association or Business Trust, Ascertain.If Party Is a Partnership, Ascertain.If Parties Are or Are to Be Tenants in Common, Joint Tenants orTenants by Entirety, Ascertain.

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

Common Description of Property.Legal Description.Identification of Property; Survey.Streets, Roads and Alleys.Easements and Licenses.Parties in Possession-Purchasers Under Land Contracts.__ Tenants.Signs.Condition of Land and Buildings.Service and Employment Contracts.Growing Crops.Use of Property by Vendor Prior to Closing.Delivery of Possession to Purchaser.Personal Property.Purchase Price in General.Options.Exchange of Property.Title to Be Conveyed.Mortgages.Construction Liens.Judgments and Pending Suits.

VII

1.13

1.141.151.161.171.181.191.201.211.221.231.241.251.261.271.281.291.301.311.321.331.34

TABLE OF CONTENTS

Sec.1.351.361.371.381.391.401.411.421.431.441.451.461.471.481.491.501.511.521.531.541.551.561.571.581.591.60

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.

TABLE OF CONTENTS

Sec.2.182.192.202.21

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.

B. OTHER SOURCES

1.90 Florida Law Review Articles.

CHAPTER 2. OTHER CHECKLISTS FOR REAL ESTATETRANSACTIONS

2.12.22.32.42.52.62.72.82.92.102.112.122.132.142.152.162.17

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

CHAPTER 3. LISTING AGREEMENTS AND OTHERBROKERAGE AGREEMENTS

3.13.23.33.43.53.63.73.83.93.103.113.12

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 AGREEMENTS-GENERAL 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

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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 Receipt.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 AGREEMENTS-INSTALLMENT 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 Form.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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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 REALPROPERTY

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 SALECONTRACTS

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 ANDOTHER 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.

11.111.211.311.411.511.611.711.811.911.1011.1111.1211.1311.14

11.1511.16

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 CLEARINGTITLE

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 REALESTATE

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.

CHAPTER 15. CLOSING THE SALE

A. GENERAL CONSIDERATIONS

15.115.215.315.415.515.615.7

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

15.1115.12

15.1315.1415.1515.1615.1715.1815.1915.2015.2115.2215.2315.2415.2515.2615.27

15.4015.4115.4215.4315.4415.4515.4615.4715.4815.4915.5015.5115.52

15.7015.7115.7215.7315.7415.75

TABLE OF CONTENTS

B. GOVERNMENT-REQUIRED FORMS

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

IRS Form 1099-8 (1988).IRS Form 1099-1988 Instructions for Reporting Real Estate Transac-

tions on Form 1099-8.__ 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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E. AFFIDAVITSSec.15.8015.8115.8215.8315.8415.8515.8615.87

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

16.2016.2116.2216.2316.2416.2516.2616.2716.2816.2916.3016.3116.3216.3316.3416.3516.3616.3716.3816.39

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.16.4016.4116.4216.4316.4416.4516.4616.4716.4816.4916.5016.5116.5216.5316.5416.5516.5616.5716.5816.5916.6016.6116.6216.6316.6416.6516.6616.67

17.117.217.317.417.517.617.717.817.9

17.2017.2117.2217.2317.2417.25

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.

Sec.17.2617.2717.2817.2917.3017.3117.32

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

17.4017.4117.4217.4317.4417.4517.4617.4717.4817.49

17.6017.6117.62

17.6317.64

CHAPTER 17. DEED CLAUSES

A. DESCRIBING THE PARTIES AND ESTATES17.65

17.6617.6717.6817.6917.7017.7117.7217.7317.7417.7517.7617.77

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.

17.9017.9117.9217.93

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Sec.17.9417.9517.9617.97

17.9817.99

17.10017.10117.10217.10317.10417.10517.10617.10717.10817.10917.11017.11117.11217.11317.11417.11517.11617.11717.11817.11917.12017.12117.12217.123

17.15017.151

17.15217.15317.15417.15517.15617.15717.15817.15917.16017.16117.16217.16317.164

TABLE OF CONTENTS

Sec.17.16517.16617.167

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 Walis.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.

xxm

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.

17.18017.18117.18217.18317.184

17.20017.20117.20217.20317.20417.20517.20617.207

18.118.218.3

18.418.518.618.718.818.918.1018.1118.1218.1318.1418.1518.1618.1718.1818.1918.2018.2118.2218.23

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.

xxn

Sec.18.2418.2518.2618.2718.2818.2918.3018.3118.3218.33

18.5018.51

18.52

18.53

18.54

18.55

18.56

18.7018.7118.7218.7318.7418.75

·18.7618.7718.7818.79

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

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

DweUings--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 DEVELOPMENTSWITH 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

18.9018.9118.9218.9318.9418.95

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.19.119.219.319.419.519.619.719.8

19.2019.2119.2219.2319.2419.2519.2619.2719.2819.29

19.3019.3119.3219.33

19.5019.5119.5219.5319.5419.5519.5619.5719.5819.59

19.60

TABLE OF CONTENTS

CHAPTER 19. ACKNOWLEDGMENTS AND POWERSOF 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.20.120.220.320.420.520.620.720.820.920.1020.1120.1220.1320.1420.1520.1620.1720.1820.1920.2020.2120.2220.23

20.24

20.2520.2620.2720.2820.2920.3020.3120.3220.3320.3420.3520.3620.3720.38

20.3920.4020.4120.42

TABLE OF CONTENTS

PART m. EASEMENTS, LICENSES AND PARTYWALLS

CHAPTER 20. EASEMENTS AND LICENSESA. 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.20.4320.4420.4520.46

20.4720.4820.4920.5020.5120.5220.5320.5420.5520.56

20.7020.7120.7220.7320.7420.7520.7620.77

21.121.221.321.421.521.621.7

21.821.921.1021.11

21.1221.1321.1421.1521.1621.1721.1821.1921.20

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 WALLSIn 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 Walland 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.21.2121.2221.2321.24

22.122.222.322.422.522.622.7

23.123.223.323.423.5

23.623.723.8

23.2023.2123.2223.2323.2423.2523.2623.2723.2823.2923.30

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 ONCONDOMINIUMS

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

TABLE OF CONTENTS

CHAPTER 24. SALES OF CONDOMINIUMSSec.24.1 Customer Questionnaire.24.2 Reservation Deposit Agreement.24.3 Prospectus.24.4 Condominium Unit Purchase Agreement.24.5 Addendum to Contract of Sale.24.6 Receipt for Condominium Documents.24.7 Real Property Sales Disclosure.24.8 Escrow Agreement.24.9 Closing Statement.24.10 Purchaser's Waiver of 15-Day Right to Cancel.24.11 Agreement to Close Prior to Expiration of 15-Day Voidability Period.

CHAPTER 25. CONDOMINIUM TIME-SHARINGARRANGEMENTS

25.1 In General.25.2 Statutes Regulating Time-Sharing Arrangements.25.3 Cancellation Provision.25.4 Public Offering Statement Required Provision.25.5 Public Offering Statement.25.6 Declaration of Timeshare.25.7 Surveyor's Certificate.25.8 Articles of Incorporation.25.9 Bylaws.25;10 Renewable Management Agreement.25.11 Purchase Agreement.25.12 Initial Rules and Regulations.

Volume 4

PART V. MORTGAGES AND OTHER REAL ESTATELOAN DOCUMENTS

CHAPTER 26. INTRODUCTION TO REAL ESTATEFINANCING

26.126.226.326.426.526.626.726.826.926.1026.1126.1226.13

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

A.Sec.27.127.227.327.427.527.627.727.8

27.2027.2127,2227.23

27.3027.31

27.4027.4127.4227.4327.4427.4527.4627.4727.4827.4927.5027.5127.5227.5327.54

27.5527.56

TABLE OF CONTENTS

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

CHECKLISTS, APPLICATIONS AND FINANCIAL STATEMENTS

Loan Closing Documents Checklist.Loan Closing Figures Worksheet.Application for Loan.__ Another Form.Personal Financial Statement.Business Financial Statement.Approval by Loan Committee.Appointment of Agent to Procure Loan.

B. COMMITMENT LETTERS

Letter of Commitment.Loan Commitment Letter.__ Second Mortgage.Letter Extending Loan Commitment.

C. LOAN AGREEMENTS

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

With Mortgage Holdback.

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:-Moiigagor-Regarding Mortgagee Title Insur-

ance.Certificate of Incumbency.Environmental Indemnification Agreement.

XXX

Sec.28.128.228.328.428.528.628.728.828.928.1028.1128.1228.1328.14

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.

29.129.229.329.429.529.629.729.829.929.1029.1129.1229.1329.1429.15

CHAPTER 29. MORTGAGES AND SECURITY AGREEMENTSA. MORTGAGES

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

Sec.29.1629.1729.1829.1929.2029.2129.2229.2329.2429.2529.2629.27

29.5029.5129.5229.5329.5429.5529.5629.5729.5829.5929.6029.6129.6229.6329.6429.65

29.6629.6729.6829.6929.70

29.7129.7229.7329.7429.7529.7629.7729.7829.7929.8029.8129.8229.83

TABLE OF CONTENTS

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

xx:xn

Sec.29.8429.8529.8629.8729.8829.8929.9029.9129.9229.9329.9429.9529.9629.9729.9829.9929.10029.10129.10229.103

29.10429.10529.10629.10729.10829.10929.11029.11129.11229.11329.11429.11529.11629.11729.11829.11929.12029.12129.12229.12329.124

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 Cla11Se.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 AaLegal Forms-Real Estate Transactions-2 XXXIII

Sec.30.130.230.330.430.530.630.730.830.930.1030.1130.1230.1330.1430.15

30.1630.1730.1830.1930.2030.2130.2230.2330.2430.25

30.5030.5130.5230.5330.54

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-RELATEDFORMS

A. ASSIGNMENT OF MORTGAGES

31.131.231.331.431.531.631.731.8

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

Sec.31.931.1031.1131.1231.13

31.2031.2131.2231.2331.2431.25

31.3031.3131.3231.3331.3431.35

31.4031.4131.4231.43

31.5031.5131.5231.5331.5431.5531.5631.57

31.60

31.6131.6231.63

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.

XXXVXXXIV

Sec.31.7031.71

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 andConsolidation 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 AGREEMENTSFOR 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.

32.2032.2132.2232.2332.24

32.25

32.2632.27

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 Receiptswith Minimum Guaranteed Rental.

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

XXXVI

Sec.33.133.233.3

33.1033.1133.1233.1333.1433.1533.1633.1733.1833.1933.2033.2133.2233.23

33.5033.5133.5233.5333.5433.5533.56

33.7033.7133.7233.7333.7433.75

33.8033.8133.82

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 Mouth-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.34.134.234.334.434.534.634.734.834.934.1034.1134.1234.1334.1434.1534.1634.1734.18

34.1934.2034.2134.2234.2334.2434.2534.2634.2734.2834.29

TABLE OF CONTENTS

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 ofFirst 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

35.135.235.335.435.535.635.735.8

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.x:xxvm

'see.35.1235.1335.14

35.2035.2135.2235.2335.2435.2535.2635.2735.2835.2935.3035.3135.3235.3335.3435.35

35.4035.4135.4235.4335.4435.4535.4635.47

35.6035.6135.6235.6335.6435.6535.6635.6735.6835.6935.7035.7135.7235.7335.74

TABLE OF CONTENTS

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.

D. RENT

Covenant to Pay Rent.Monthly Installments.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

35.935.1035.11

Sec.35.7535.7635.7735.7835.7935.80

35.81

35.8235.83

35.10035.10135.10235.103

35.11035.11135.11235.11335.11435.115

35.11635.11735.11835.11935.12035.12135.12235.12335.12435.12535.12635.127

TABLE OF CONTENTS

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 forDiscount.

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

__ 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.35.14835.14935.15035.15135.15235.15335.15435.15535.15635.15735.15835.15935.16035.16135.16235.16335.164

35.18035.18135.18235.18335.18435.18535.18635.18735.18835.18935.19035.19135.19235.19335.19435.195

35.19635.19735.198

TABLE OF CONTENTS

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.__ Not to 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 andMechanical Equipment.

Display of Signs.__ Another Form.__ Another Form.

I. DESTRUCTION AND CONDEMNATION OF PRE~ES

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

TABLE OF CONTENTS

Sec.35.218 __ Restoration of Premises by Lessee.35.219 __ Lessee Not to Claim Award.

J. RENEWAL AND EXTENSION OF LEASE

35.230 Renewal of Lease at Option of Lessee.35.231 __ Another Form.35.232 __ Another Form.35.233 __ Another Form.35.234 __ Another Form.35.235 __ Another Form.35.236 __ Inoperative in Event of Sale.35.237 __ Multiple Renewals.35.238 Extension of Term at Option of Lessee.35.239 Extension of Term of Lease by Indorsement.35.240 Renewal of Lease at Option of Lessee-Extension of Term on Failure

to Notify.35.241 __ Right to Perpetual Renewals.35.242 __ With Provision for Arbitrators to Fix Rent in Renewal Lease.

K. ASSIGNMENTS AND SUBLEASES

35.250 Right of Lessee to Sublet and Assign.35.251 __ Consent of Lessor.35.252 __ Another Form.35.253 __ Option of Lessor to Cancel Lease.35.254 __ Consent Not to Be Unreasonably Withheld.35.255 Another Form.35.256 Another Form.35.257 Another Form.35.258 __ To Corporation Formed by Lessee.35.259 __ To Corporation Affiliated With or Controlled by Tenant.35.260 __ To Corporation To Be Formed at Later Date.35.261 __ Tenant Satisfactory to Lessor.35.262 __ Lessee Remaining Liable.35.263 __ Breach of Covenant Against.35.264 __ First Offer to Other Tenants.35.265 Division of Excess Rentals on Assignment of Lease.

L. DEFAULT RIGHTS AND REMEDIES

35.280 Remedies-General Provision.35.281 __ Another Form.35.282 __ Another Form.35.283 __ Another Form.35.284 __ Another Form.35.285 __ Another Form.35.286 __ Another Form.35.287 Reletting; Liability of Original Lessee.35.288 Grace Period.

XLII

TABLE OF CONTENTS

Sec.35.289 Recovery by Landlord of Damages Other Than Those Specifically

Provided for.35.290 Lessee's Right to Cure Mortgage Defaults.35.291 Right of Re-entry or Distraint.35.292 Forfeit of Deposit Securing Rent.35.293 Landlord and Tenant May Cure Other's Defaults.

M. OPTIONS

35.310 Option to Buy.35.311 __ Another Form.35.312 Lessee Given First Right to Purchase.35.313 __ Another Form.35.314 __ Another Form.35.315 __ Another Form.35.316 __ Another Form.35.317 Option for Additional Space.35.318 __ Another Form.

N. MISCELLANEOUS·

35.330 Persons Bound.35.331 Waivers.35.332 __ Another Form.35.333 __ Rent.35.334 __ Subrogation by Lessor or Lessee When Lessor Self-Insured for

Specific Amount.35.335 __ Lessor's Right of Subrogation Against Tenant.35.336 __ Of Liability and Subrogation.35.337 Covenant of Quiet Enjoyment.35.338 Subordination.35.339 __ Another Form.35.340 __ Another Form.35.341 __ Another Form.35.342 __ Subordinating Lessor's Interest to That of Construction Financer.35.343 Garnishment or Attachment of Lease.35.344 Arbitration.35.345 Payment of Expenses Incurred Due to Breach of Lease by Lessee.35.346 Payment of Attorney's Fees by Lessee.35.347 Captions Contained in Lease.35.348 Partial Invalidity of Lease.35.349 Notices.35.350 Brokerage.35.351 Construction Liens.35.352 No Representations by Landlord Other Than Expressed in Lease.35.353 Insistence on Covenants and Conditions.35.354. Access to Premises.35.355 __ Another Form.35.356 Use of Furniture.35.357 __ Another Form.35.358 Use of Drapes and Carpeting.

XLIII

Sec.35.35935.36035.36135.36235.36335.36435.36535.36635.367

36.136.236.336.4

36.536.636.736.836.936.1036.1136.1236.1336.1436.1536.1636.1736.1836.1936.2036.21

36.22

36.2336.2436.2536.2636.2736.2836.2936.3036.31

36.32

TABLE OF CONTENTS

Clause Binding Heirs, Etc.Condition of Premises.__ Another Form.__ Another Form.Covenant of Title of Landlord.Compliance With Governmental Regulations.__ Another Form.Rules and Regulations.Security Precautions.

CHAPTER 36. TENANCY NOTICES AND EVICTIONS

A. TENANCY NOTICES

Three Day Notice to Pay Rent.Notice to Quit and Vacate.Notice of Intention to Retain Deposit.Notice-To Tenant Warning Rent Is Due on First-To Cure Past

Waivers.3-Day Eviction Notice.Notice of Termination.Notice to Tenant Terminating Tenancy at Will.Notice to Tenant Terminating Tenancy-Another Form.Notice to Tenant-Back Rent-Tenant at Will.Notice to Tenant of Non-renewal.Notice to Tenant-Unlisted Person Residing.Notice of Noncompliance With Rental Agreement.Notice of Termination of Rental Agreement.Notice of Termination-Nonpayment.__ Failure to Comply.Affidavit of Service.Notice by Landlord Terminating Tenancy at Will.Notice by Landlord Terminating Tenancy From Year to Year.Notice by Tenant Terminating Tenancy at Will.Notice by Tenant Terminating Tenancy From Year to Year.Notice by Tenant Terminating Lease in Accordance With Lease Provi-

sions.Notice by Landlord Terminating Lease for Default of Lessee-Receipt

of Notice.Notice to Tenant to Remedy Default.Notice to Tenant to Pay Rent or Move.Notice to Tenant to Make Repairs.Notice to Landlord to Make Repairs.Notice to Tenant of Intention to Repair After a Fire.Notice by Tenant of Election to Extend Lease.Notice by Tenant of Election to Renew Lease.Notice by Tenant of Election to Exercise Option to Purchase.Notice to Tenant Pursuant to Lease Provision Giving Right of Refusal

in Event of Sale.Notice by Vendor of Premises Requiring Tenant to Pay Rent to

Purchaser.XLIV

Sec.36.3336.3436.35

36.5036.5136.5236.5336.5436.5536.5636.5736.5836.5936.6036.6136.6236.6336.6436.6536.6636.67

37.137.237.337.4

37.537.637.737.837.937.1037.1137.12

37.2037.2137.22

TABLE OF CONTENTS

Notice by Purchaser of Premises Terminating Lease.Demand for Possession.Notice by Tenant of Intention to Terminate Lease Pursuant to Clause

Requiring Notice.

B. TENANT EVICTIONS

Complaint for Tenant Eviction.__ Another Form.Summons-Summary Proceeding.Civil Cover Sheet (Official Form 1,997).Motion for Default and Default.Motion for Default.Motion for Judgment of Eviction on Default.Motion for Partial Final Judgment of Possession.Affidavit of Non-Military Service.Affidavit in Proof of Claim.Final Judgment on Default.Partial Final Judgment for Possession.Final Judgment for Tenant Eviction.Writ of Possession.Motion for Default and Motion for Final Judgment.Affidavit as to Attorney's Fees.Default and Final Judgment.Request for Certification and Recordation of Final Judgment.

CHAPTER 37. LEASE ASSIGNMENTS, SUBLEASES,MODIFICATIONS, AMENDMENTS AND TERMINATIONS

A. LEASE ASSIGNMENTS

Assignment by Lessee.Assignment by Lessee Endorsed on Lease.Acceptance by Lessee's Assignee Endorsed on Lease.Assignment by Lessee Endorsed on Lease-Release of Lessee by. Les-

sor-Assumption of Lessee's Covenants by Assignee.Consent of Lessor Endorsed on Lease.Assignment by Lessor Endorsed on Lease.Assignment by Corporation of Rents and Leases-As Security for Loan.Lease Assignment, Amendment, Guaranty and Release.Assignment of Lease, Acceptance and Consent.Assignment of Lease-With Assumption.__ Another Form.__ Another Form.

B. SUBLEASES

Sublease.__ Another Form.Sublease With Consent.

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TABLE OF CONTENTS

C. LEASE MODIFICATIONS AND AMENDMENTSSec.37.30 In General.37.31 Modification Agreement-General Form.37.32 __ Another Form.37.33 Amendment to Lease Agreement for Realty.37.34 Amendment of Lease-CPI Rent Increase.37.35 Amendment to Business Lease-Option to Purchase.37.36 Addendum to Lease.

D. TERMINATIONS

37.50 Termination of Lease.37.51 __ Another Form.

38.1

38.238.338.438.5

38.638.738.838.938.10

38.1138.1238.1338.1438.1538.1638.17

38.1838.1938.2038.2138.2238.2338.2438.2538.2638.2738.28

PART VII. MISCELLANEOUS REAL ESTATE FORMS

CHAPTER 38. CONSTRUCTION

Florida Construction Lien Law-How the Individual Residential Own-er Must Comply.

Letter to Owner Explaining Construction Lien Law.__ Another Form.Final Construction Lien Checklist.Notice by Landlord That Property Is Not Subject to Construction

Liens.Notice of Commencement.__ Another Form.Receipt, Waiver, Release and Affidavit.Final Receipt, Waiver, Release and Affidavit.Application for Payment and Sworn Statement for Contractor and

Subcontractor to Owner.Application for Payment and Progress Payment Affidavit.Progress Payment Affidavit.partial Waivers and Releases of Lien.__ Another Form.Waiver of Lien.Contractor's Final Affidavit and Release of Lien.Contractor's Final Affidavit for Payment, and Lien Waiver and Re-

lease.Final Waiver of Lien.Release of Lien.Release of Liens of Subcontractors.partial Release of Lien-Statutory Form.Subcontractor's Affidavit.Notice to Owner.Claim of Lien.__ Another Form.Satisfaction of Lien Claim-By Corporation.Standard Form of Agreement Between Contractor and Owner.Standard Form of Agreement Between Contractor and Sub-Contractor.

XLVI

Sec.39.139.239.3

40.140.240.340.440.540.640.740.840.940.10

TABLE OF CONTENTS

CHAPTER 39. MANAGEMENT CONTRACTS

Management Agreement.__ Another Form.__ Another Form.

CHAPTER 40. VARIANCES, ZONING, AD VALOREM TAX,AND OTHER LAND USE MATTERS

In General.Engagement Letter to Client.Petition In Support of Applicant to Board of Adjustment.Letter to Client With Petition.Affidavit of Applicant.Affidavit of Photographer.Restrictive Covenant.Notice of Nullity of Restrictive Covenant.Covenant to Use Land for Outdoor Recreational or Park Purposes.Letter Requesting Reconsideration.

Table of Statutes 929Index_________________________________________________________________________________________________935

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XLVII