STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION oA FLORIDA DEPARTMENT OF BUSINESS Bo Bo AND PROFESSIONAL REGULATION, Be. fa DIVISION OF REAL ESTATE, eh ZZ BAe Th mA te Sm - ‘ Petitioner, aN oa 3 ou ~% re) vs. FDBPR Case N° 98-83694 SUSAN KAY LEWIS. 0 D- G ZY Respondent. ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter Petitioner”) files this Administrative Complaint against Susan Kay Lewis (hereinafter "Respondent") and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and reguiatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 0536575 in accordance with Chapter 475. Fla. Stat. 3. The Department issued Respondent a license as a broker %Lewis Realty, Inc.. 420 Kingsley Avenue, Orange Park, Florida 32073. FDBPR vs Susan Kay Lewis FDBPR Tase N° 98-82694 Administrative Complaint 4. On or about August 8, 1997. Respondent drafted and executed a contract form titled Deposit Receipt and Purchase and Sale Agreement, for the purpose of purchasing certain real property (Property) from a certain seller. Pamela Miller (Seller). Copy of the contract form is attached hereto, incorporated herein. and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. At all times material herein. the Property was and is encumbered by a certain Veteran’s Administration Guaranteed First Mortgage (VA Mortgage), payable to Nations Bank, the holder of a certain note and mortgage of which Seller is the maker. C opy of that certain master mortgage, short form of mortgage, and note are attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint Composite Exhibit 2. 6. The VA mortgage clearly states, in print larger than the text: “THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIED AGENTS, SUCCESSORS OR ASSIGNS.” 7. A rider to the VA Mortgage further states, in pertinent part: This loan may be declared immediately due and payable upon Transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established either pursuant to the provisions of Section 3714 or Chapter 37, Title 38, United States Code, or by the loan holder if the loan has been sold Without recourse. 8. On or about August 9, 1997, with actual and constructive notice that the VA Mortgage FDBPR vs Susan Kay Lewis FDBPR Case N° 25-82694 Administrative Complaint was not freely assumable and with the intent to induce Seller to Transfer title to the Property, Respondent, drafted and executed a certain Wrap-Around Mortgage and Note in the amount of the balance Seller owed on the VA Mortgage. Copy of the Mortgage and Note are attached hereto, incorporated herein, and made a part hereof by reference as Administrative C omplaint Exhibit 3. 9. At all times materiai herein, Respondent made no attempt to assume the VA mortgage. 10. On or about August 8, 1997, Respondent drafted, Seller executed, and Respondent subsequently recorded a Warranty Deed bearing the legal description of Property, wherein Seller granted title in Property to Respondent. Copy of the Warranty Deed is attached hereto. incorporated herein, and made a part hereof by reference as Administrative Complaint Exhibit 4. 11, At all times material herein, Respondent failed to advise Nations Bank that she was seized of title to the Property and that she was the maker of a Wrap-Around Mortgage that included the VA Mortgage held by Nations Bank. 12. On or about August 9, 1997, with actual and constructive notice that the VA Mortgage was not freely assumable and with the intent to defraud and/or mislead Nations Bank, Respondent drafted and executed but did not record that certain Wrap-Around Mortgage and Note in favor of Seller in the amount of the balance Seller owed on the VA Mortgage. 13. On or about August 9. 1997, with actual and constructive notice that the VA Mortgage was not freely assumable and with the intent to defraud and/or mislead Nations Bank, iw FDBPR vs Susan Kay Lewis FDBPR Case N° 33-82694 Administrative Complaint Respondent, acting as if she was the Seller. made arrangements for Nations Bank to automatically draw the mortgage payments from her real estate company’s, Lewis Realty, Inc., operating account to conceal the change in ownership of the property knowing that such knowledge would trigger acceleration of the VA loan by Bank. 14. It is well-established policy in the insurance industry that insurers notify lien holders when an insured makes a material change to a policy. On or about February of 1998. with actual and constructive notice that the VA Mortgage was not freely assumable and with the intent to defraud and/or mislead Nations Bank, Respondent. misrepresented to Nationwide Insurance that Respondent and Seller owned the Property as a Partnership, in an effort to obfuscate that Respondent was seized of title to the Property and avoid the event likely to trigger acceleration of the VA loan. COUNT I Based upon the foregoing. Respondent is guilty of fraud. misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of § 475.25(1)(b), Fla. Stat. (1998). COUNT II Based upon the foregoing, Respondent is guilty of improperly filing or causing to be filed a document or documents in the public records. for an improper. malicious, or unlawful purpose in violation of § 475.42(1)(j), Fla. Stat. and, therefore, in violation of § 475.25(1)(a), Fla. Stat. FDBPR vs Susan Kay Lewis FDBPR Case N° 98-82694 Administrative Complaint WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475. Fla. Stat. depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years. imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455. Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand: imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses: publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227. Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. Ul FDBPR vs Susan Kay Lewis FDBPR Case N° 98-82694 Administrative Complaint SIGNED this ye: day ot Dacemb Or , 1999. Professional Regulation By: Herbert S. Fecker. Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER FI c Nancy P. Campiglia Totten ILED Florida Bar N° 0164259 he Peet, Senior Attorney ey Baer Department of Business and “4. Hoy , oe Professional Regulation. re ae Legal Section - Suite N 308 ce Lele lo To Hurston Bldg. North Tower “ ma 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX NPC/k PCP: MPS-LJ 12/99 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573. Fla. Stat. is not 5 FDBPR vs Susan Kay Lewis FDBPR Case N? 383-32694 Administrative Complain: available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense. to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense. to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) davs of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. ~ (H) TOTAL PURCHASE PRICE . WL) U PARTIES which terms may be OF Dlural and wul include the haus, successors, Dereonal represeniatives and assigns or SELLEA ana BUYER, hereby agree inet SELLER wit BUYER wilt buy the tellawing property. uon ine following terms ang conailons i completed of marked. In any conic; et terms oF conaitions, that which is added will su County, Florida ana is serenoes s* follows tt tenginy, attach tegal desenption): ap; |XuSUNG ZONING (UNieEs specIiEd O. tt ig understood that roperty will be conveyes by GENERAL WARRAI in paragraph 17), covenants, resinctions. ana easements of record. 1. TOTAL PURCHASE PRICE 10 be pad by BUYER is ayanle as follows: INTY DEED (voles ounerwise required) subject to current taxes. oc {A) Binder cepoas, which wil remain 8 cinder unui! closing, uniess sooner lorteiled oF retumned. accoraing to ine orovisons of Inis Agreement sf °F (B) Additions! binder deposit due wnnin __ ays after cate of acceptance of this Agreement (©) Balance ous at closing (not inciuaing BUYER'S closing costs, prepaid items or prorauions) in U.S. casn or LOCALLY ORAWN cerutiea Fennec tence + approx, sxactty se ________. (E) Purchase monay mongage ana note to SELLER on arms set forth in paragraph s—Gal61 (F) Other financing [es (@) Existing morgage Dalance encumoenng ine Propeny to ce assumea by BUYER ss (approxmatery) § Mongegee cane — int. Ra \erwise comoiiel approx____ exacny, 2. FINANCING: If BUYER doss not obtain the required tinancing Out Ln 1. ine Binder cenesit 1938 Beles ana joan processing cosis will be retumed to BUYER. {A) [| APPLICATION: The appiicavon tor tne mongage cescrioed in 9: ragraph 10 will be mace win a with the 1erms nereo: longer seiectea ov: | SELLER or | | BUYER. Unless sucn m l08n if approved without contingencies other than tnose eisewnere covered in inis Agreement wiinin oF BUYER will have the ght to terminate ins Agreement. and BUYER will return 10 SELLEA all ine ule evoence 4NG surveys recered trom SELLER. BUYER wi. Ap pueALON Jot financing within ays of the date of acceptance of this Agreement and tumely furnish any ang all crecnt, ‘empioyment, hnancial and other intor required bY the lender, In the evant ine onginal oan apoucation 1s denied, BUYER, Il requesied by SELLER, wil ceappry wirin insutudenal lender selected by SELLER. 1 11 PHA: I is exprassty agreed tnat, notwnnsianaing any oiner provisions of this Agreement. ine BUYER shatt not ov ‘ODugAIEd 10 CompietS Ihe purchase of Ine P Gescnbed herein or to incur any penaity by forfeiture of it Money Geposit of otherwise uniess the mongages nas Geuvered to the BUYER a watien siaiemen by the Fecera Housing Commissioner oF 8 cirect endorsement lender setting ‘orn Ine appraised value of ine Progeny {exchsding ciosing cosis) of not les a8 Of Ihe Gate of acceptance of this Agreement. < days of such request anar penalty by forfedure of eamest money or oun of the Proparty described herein, if the Agreement purchase pnice or cost exCee0s IN@ reasonanie value of the Property estar priviege 4N@ Option of proceeaing wan ine consummauon of the Agreement winout regaro Tvanaoie} | fixed rate (| GPM. #f mongage apor. Gays make required application ang imely provice qualtying informanon as fequired by lander. BU cotiganon to close 18 conuNgent on lender's approval of the assumpvon within ‘cays of the cals of accepiance of tnis Agreement. (Uren: ‘The Dalance dus to SELLER will be evidenced by a negotiable promissory note of BUYER. secured by « veud purcnase money LLB menace : Proper and celvered by BUYER to SELLER dated tne gate of closing, bearing annual nerest of 2] 2.5% ana oayanve 5 Y2PT Door montn to QX 1) months, Pruiiege of oreoaymenrt[) does aoiy | | does not apply. The morgage will be {| cue on sa S>Lrot ave on sate of Property. Thus Agrer ‘# not aasignaoie without ine consent of SELLER. Within ___zaya after gale of acceptance of this Agreement. SUYER wil turnsh ait ered, employment ang hn informauon reasonaply required by SELLER. SELLER will winin SELLER wil maxe tne mongage joan 3. BUYER WILL PAY: a (A} CLOSING COSTS: | ‘| Recoraing tees} | Hole stamps | | niangiole tax! | Credit feponis] | | Mongage lanster ano assumotion charges ( | VA funding fees | 9809 Ongination fee{ | Mortgage insurance premum ( | Mongage discount nol 10 exceed Cestroying organism report | | Appraise tee | | Survey! | Tax senice( | Home policy [ | Tite insurance endorsements {| Cther (8) Alt otmer charges required by lencer, uniess Prohibited by law of reguiauen, in wnien event nay will {(C) PREPAIDS: Prepaid nazar 4. SELLER WILL PAY: (A) CLOSING COSTS: | } Deed Stamos { Count Act 10 exceed {| Satiataction of morgage and recording tee (| Repaire or repiacements $——_______} | Forvasae Only, woOO-estroying or, warranty {| Other {8) All other charges required by lenoer wnicn BUYER le’proniaied trom paying oy law or(y (C) All mongage paymenus and concominium and association fees will be current at SELLER’ (0) SELLER will dellver roo! satistactory to BUYER that BUYER will not be obligated to with Act OR shail pronde funds at closing lo enane BUYER to meet tne tax odligation, NON-DEFAULT PAYMENT OF EXPENSES: If SUYER fails '0 partorm, ait loan and sale processing ena ciosing cosis incurred, wneiner ine same were to be paid by SEL oF BUYER, will be the responaioulity of BUYER, wilh couts Geducied from the binoer deposit, This will include Dut not be limited to ine transacon not Gasing because SEL elects not to maxe tne morgage to BUYER 48 provided in Paragrapn 2 (C) of this Agreement or because BUYER does not aotae in@ required financing as provided in this AC ment. of BUYER Invoxes his night unger any oiner contingency acced by BUYER, "SELLER taile to Dectorm, all oan, saiee processing and ciosing coats incurred, wheiner the same were nd BUYER will be enitied 10 the return of tne binder Geposil. This will inciuce, BUYER is required for loan assumotion. BUYER will within after receiot of ne intormanon. ceuve wnmten Gecision to BUYER as to wneiner oo ——-———_ aNlorney's tee {| A Tile ings, by SELLER. ‘9 Insurance, laces. interest anc mongage insurance premiums, required by the lenge’. site insurance policy ( ) attorneys ie (| Seal estate brokerage tee {| Mongag sf aadivOn 10 tnOse in paragraph 9, not lo ox pon tMOprasaL mm Surveyvy | Tax sence! | Title surance encorsements | | - '§ expense at tne ume of closing. Inold any Of the purchase price uncer ine Foreign investment in Aeal Property to be wa oy SELLER or BUYER will be tne responsiuity of SELL DUI not be limited to Ine transaction not closing Decause SELLER is unapie to compies Wansacnon fer & quaufied SUYER. or because ine Property Goes nol appraise for an amount sufficient to enabie tne iencer 10 Phaxe ine required.loan. or because SELLER & Dot to Pay for ine exceas amount in caragranns 9. 11. 4 (wilh respect to repairs), o” because {ne Zoning I8 not 48 requitea in Daragragn 17. of because SELLER cannot oe» ‘5 Marketable Wwe. 8 PRORATIONS: Al! txxea, rentals, congorminium oF assoation tees, orepaxd MAZAIO Insurance premiums il assumed), moni mongage insurance premiums ana interes: ABBUMA MONGALES Wil De CrO-~rsIed INroUGN day belore GORING. 1! part Of DUCNESE OFiCE Is 10 be eviGenced by Y IN@ ASSUMDLION OI B MORGAGS requinng Gepoed of hunds in esc. for payment of axes. insurance or oiner charges, BUYER agrees (0 reimburse SELLEA lor tne esciowed luncs assigned (0 BUYER at casing. 7 TITLE EVIOENCE: Within yt | | aM er dale of acceptance | | ater date of satisfaction of aii conaions in paragrapn 20. SELLEA will deliver to BUYER or con. anomey: {| Tite insurance commitment tor an owners Doney in ine amount of the purchase price | | Tile insurance commitment tor morgage policy in Ue amount of ew MONGAGS. Any expense of curing tile Celects inciuaing, Cu not limited to legal tees. aiscnarge of liens ang recoraing tees wi 0 oad DY SELLER smiprs_S PaGee DS U . YU 4. SURVEY: Wrnin cave | ater cats of acceptance | j ser dale of sausiacuen of all conditions in paragraph 20. SELLER will ceiver 10 BUYER of cloaing efor. {LA new staked survey caled wethin 3 monine of closing showing ail imorovementa now existing INereon and ceritied [0 buyer. lender. ang tne ttle insurer.{ | A copy © i Dremously Made survey 01 Ine Property snowng all improvemenis now existing tnereon. |] No survey 18 required. 3 WOOO-DESTROYING ORGANISM REPORT: “Wood-aestroning organiam ” means annropod oF plan! life whch may Gamage @ stiucture. BUYER at BUYER’: expense tune YA). may have ine Property inspected by # Fionda Ceriiiied Pest Gonvrol Firm 10 cetermine whether inere 16 any visible aCe wood-destroning orgeniem infestRuon or nan | suming Structural Gamage trom wood-destroying organieme to ine imorovernents. it BUYER Is informed of either or ootn of the. foregoing, BUYER wilt nonty SELLER waren tr {8) Gays by furrestung & Copy of Firm's ween report. SELLER wil have seven (7) days from receipt of Firm's report wiltun wuch 10 have ail BUEN wood-destrayiNg orpaniemn Gameg: wnetner visrOle OF ROL. Wepecied snd esumaied DY & licensed DUNOING OF General contractor. SELLEA will pay Costs Of (reatment and repaw of al structural Gamage up 10 ¢ Dercent (1%) of Ihe purchase orice It auch costs exceed ihe amouni agreed (0 be Cad Dy SELLER and SELLER cecunes to treat and repaw, BUYER will have the opwon (a) termenaung tne Agreement, of (0) procescing win the Iransaction, in which event SELLER will bear costs equal to one percent (1%) of tne purchase price. i 10. TITLE EXAMINATION ANO TIME FOR CLOSING: [A) II tite evicence and survey. a8 specitied above, show SELLER Is vested with a mameteble tite, the tranascton wil cigsed and the deed and other ciosing papers celvered on or before { J] Gays afer date of acceplance| | days after cate Sangtacton of ail conditions in paragraph 20. uniess extended by Otner congitions of the Agreement. Marketabie tite means title wnich a Florida tite Inauror wd Ineure 88 marketat i al ts roquiar fates and suD}eCt Only lo matters to Oe cured al closing amd the UsUS! exceDlIONS SUCN Bs Survey, current faxes, Zoning Ordinances, covenants, resinctone & easements of record. , . £6) It tine wndence oF survey reveal Eny detects which render tne title unmerketatve, BUYER will have 7 days trom receipt of tits commnment and survey to nowly SELLER SUCh Ile elects and SELLER agrees to use reasonadie diligence to cure sucn cefects at SELLER'S expense ana wilt heve 30 GAYS to Go 80. in which event thie ransach sn De Closed within Len Gays afer delivery 10 BUYER of evidence inat such Getects have Oeen cured. SELLER agrees to pay for and discharge ail Ouse oF Gelinquent taxes. he ind other encumbrances. uniess olnerwise agreed. it SELLER 1s unable to convey 10 BUYER « marketable thie, BUYER will have the right to lermmnate this Agreement. att 34me time returrung to SELLER all title evicence and surveys recerved irom SELLER, of BUYER will have ine night to accept such title as SELLER may be adie to convey. a 10 Close Ima transaction upon ine terms stated herein, which etecton will be exercised within 10 days (rom notice of SELLER's inability to cure, “+ LOSS OR DAMAGE: It he Property 18 camaged by fie or otner Casuaity prior to closing, and Cost Of restoration dows not exceed 3% of ine assessed valuation of the improvemer ocated on the Property. cost of restoration wi be an oniigation of SELLER and closing wul proceed pursusni 10 Ie terms of inis Agreement with cost theretore eacrowed croming. in the event the cost of repair of resioraion exceeds 3% of Ine assessed vaiuauon of the improvements and SELLER dectines to repaw or restore, BUYER wilt ne ine optON Of ether taking ine Property as 1s, iogetner win either ine said 34 OF any insurance proceeds payable by vinue a! such loss or damage. oF of canceling this Agreemer 2 PROPERTY CONDITION SELLER agrees to ceiver the Property ints PRESENT AS IS CONDITION except as cthenmse Specilied here, SELLER does neredy certity and reo. veew thar SELLER nas egal suinority and cacacity 10 convey ine Property win all unprovements. SELLER further cenities and reoresenis that SELLER knows of no tatent cetex £0 tne Property and xnows of no lacy matenaiy affecting the vaius of he Property exces ine following: & BUYER hes inspected the Propery and MAS NOT RELIED UPON ANY REPRESENTATIONS MAOE BY ANY REAL ESTATE AGENT in Gescnbing the Property, and GUYE sceeots tne Property in iis PRESENT AS IS CONDITION, exceol as oinerwse specitied herein. 3 i | OGEUPANCY: SELLER represems inai inere are no panies in occupancy oiner man SELLER. BUYER wu! De given occuoancy at closing unless othermse specs coated Ine ProDerTy. ‘eal ANG Personal. In 11a existing GondITION as Of lime Of LaKing COCUDANCY Unies othermse agreedin wren 1 BUYER uncerstanas inat Propeny 1s avanaoie tor rent of rented anc ine tenant Mey continue in possession following closing uniess otnerwnse. 89Feed In wring. AE Gepos wn Be Wransterred to BUYER at closing. 4 PERSONAL PROPERTY: Inciided in the ourcrase once are al fired eauioment Ickucing sitomatc Garage oor opener & controle, orapery haraware, attached lighting faturve, ma. Dox, ____ ceiling fans, fence, plants end shrvocery a2 now installed on ine Procerty, and these aaditional Kems: eee Nema speciically exctuded from the Agreement: 5 OBFAULT: N BUYER defauts uncer thie Agreement, afl Gepostie) paid or agreed to be pad mil be retained by SELLEA as liquidated damages for dietributien pursuant 1 proven of the heung agreement and in full settiement of af claims. It SELLER detauils uncer this Agreement, the BUYER may cemand the retum of depoed(s) and demand artareton + Drowded in peregraph 16 below. : : IMDING ARBITRATION: Al controversies and ciame between he BUYER, SELLER. o real estate agent, directly or indirectly, arising out of oF relating lo thie Agreement or i Vansaction, inctuding DU not imited to interoiesder of Geposits, wil be seited by binding ertrirstian in the county where ine Property is iocaled In scoordance wih the Commercu: Aronration Fuses of the American Aspiration Associaton CAAA") oF other a/DATMOre whe are mutusily agreeable fo the parves. Discovery wil be govemed by the Flodda Fuses ¢ ‘Cond Procedure, and the aflomeye of record for Ine partes will be appointed umpires tor the imnited purpose of lesuing subpoenas lor discovery and for the arbitration heanng up: ‘fing of 4 notes of appeerance wih Ihe arbiietors. A copy of each suopoens will be Med with the arbitratérs, and al Gleputee reiaung lo subpoenas oF other discovery requests we be rescived by the arbitralors. in an action for specitic pertormance, any party may file @ nove of arbitration in the puolic records, The arbitrators will sward whomever prevais ree sonable eflomey’s fees and costs, defined 10 incivoe ees paid to arbiiralors and expert wanesses. BUYER and SELLER agree inal no real estale agent wl be kable lor musceiey Ary f any Geposn(a) OF Mem unless such misdervery Ia due lo the wultul breech of this Agreement or grosa negligence. Notwiinstanding the foregoing, the real estate egent me request he mauance of an Eacrow Disbursement Order from ihe Florida Reel Esiste Commession, and in euch event, the BUYER and SELLER soree to be bound thereay. Th: Agreement to arbitrate wil be specioaly eniorceanie uncer the prevaung arbitreoon law. end judgement upon the order rendered by the artririons may be entered by any cou: nawig junediction nersol. , ZONING and RESTRICTIONS: Unies ine Property ia toned and can be legally used for OF here te nouce of proposed Zone . Oeed OF other reeincions that coud prevent such vee al ine lime of cicaing, BUYER will have the right to lermunate the Agreement. GUYER will have 10 daye trom aa > seceptance to vertty the existing Zoning and curren proposed changes, and Geitver writen nouce of objections lo SELLER or be deemed Io have warred adjecuons, 8 ACCEPTANCE: IF THIS OFFER IS NOT SIGNED BY ANC DELIVERED TO ALL PARTIES OR FACT OF ACCEPTANCE COMMUNICATED IN WRITING BETWEEN THE PARTIE ON OR BEFORE 01, JAM ( |?M Date offer wil terminate. en MALT AD (corp — 2. applicable, and these ecditonal conctions lettered in paregrapn 1: * There are 90 oiler agreements. promises oF undersiancings between (nese parties exceDt £3 specilicaity Bet forth herein. No alterations of changes wil be mage to Ihe Agreemen SACOOT IN writing BNO signed OF initialed by Ine Daries herein. This legal and binding agreement will be Consirued uncer Flonda Law, will not be recoraed end not UndersICoC t legal aavice, SELLER and BUYER sve Hale Bent autnONzZation 10 advise BUrTOUNaING Neighbors wo will 08 Ihe New Owner of this property Sle. ELLER SOC. SEC. # OaTE a acknowledges TATE, Ment 10 evidence He consent to be bednc ty ine provuldns ot 0: Jeasn( | crecx, WAN au BagMiONAl DICE: Deoosts escrowed ty lerms of hm Agreement.” fot : i : Comoany + : / SAOKER'S/FEE; SELLGR agrees to pay ustingioroner named sew INGVS:Ng COORBFELING DYPKeT Named below, according to inp terms of an existing ial |. namety. || _% of goes purcnase pies o $1 i caboeranng come la: Of conls assessed against the Hepoen. (but not exceeding the Droter's fee above provided) wil be reuuding costs expended by brogere, and thei balance mibe pai to SEL EA/ If the transacean does not cioes due to SELLERS eat é« laure to pertorm, SELLER wit bey te "A Ted to Drower on delnand. in any HtiQBtION Eneng Out of the Agreemani conoeming the rowers’ lee, the prevesing party wil yf reasonacie ANomMey feewand costs, \ i : E : ~~ \ : 2 en Name of Lstng Seok) / Firm Name ot Coooeraung Broker Sewer Bvt a! oy. $$$ Zed LISTING Agent Ayinonied Cooperaiing Agent Setier SniBIte 5 pacer 2 _ U U OF Zt 37-=7-2031502 FLORIDA SHORT FIRM OF MORTOAGE Mortgage, dated tne lith day cf Novemper Lz , BY and Setween fs! PAMELA MILLER, 3 SINGLE “OMAN P.M, ak permanent post fie reas at: 228 43122 SAUNDERS DRIVE ne MIDDLEBURG, FL. 32068 ourt nereinafter called the Mortgagor. and the Secretary of vi Fu Veterana Affairs, an Officer of the United States of America, 09 ad nis successors and aseigns, hereinafter called the Mortgagee. Witnesseth, that for valuable considerations, the said Mortgager does hereby grant, bargain, sell and convey unto che said Mortgagee and his assigns, all that certain parcel o£ land cf which the said Mortgagcr: ia now seized and possessed and in actual cosaesgicn. situated in the County of samy CLAY and State of Florida, described aa follows: LOT 7, SLACK CREEK SHORES, UNIT 2, ACCORDING 19 IN PLAT BOOK 2, PAGES $9 AND 60, OF TSE PUBLIC PLAT THEREOF, AS RECORDED CORDS OF CLAY COUNTY, FLORIDA. “ Tibi ie ee te be - tosses Ate eames n i we MO, Together with all structures ani improvements now and hereafter cn said land and the rents, issues and profits of the above described preperty (provided, nowever, that the Mortgagor shall be entitled to collect and retain the said rents, issues and profits until default hereunder); and all fixtures now or hereafter attached to or used in connection with the premises herein described and in adition thereto the following described household appliances, which are and shall be deemed to be, fixtures and a part of the cealty, and are a porticn of the security for tne indebtedness herein mentioned. TO HAVE AND TO HOLD Pane teany. oad are w portion of the snty for the inaebtedness herein mentioned SG. ang the ren ineses, cad. Uthe Mortgage: snuil be entitled to coliect wad tet uttuched to TO HAVE AND TO HOLD the same, aad to the same, and every pact and parce: : wAG every pu Eel, Wa the oteurtenances at + creo, unto the suid Monty He swig Slunyoger ia eRee In tee single, ‘The Mongagor hereby covenants with the Mortyegee estate, if any, as is stated herein, and that said athe as sereed ot seid dead in fee sex Mortgagor dues nereis plow: such ather Suey @erruat the utie ty cna na every part thereof, and will defend the sume against the lawlul claims of ail persons. whumsuever PROVIDED ALWAYS, that if the Mortgagor should vay to the 3 CM PaREE Me Contain promisscny cele al even date herewtth, made by the Mortgagor and Payable tu the orcer ot thes et we The Grimened sui ut Dellacs, puyaie i: monthly installmenta ts wrineipad wid interest of $ staming on the day ul ah wad it not Sooner paid the final payment being due on the day of i extensions of renewals thereof and shull { owing hereunger and secured hereby, other covenant and provision herein on presents shall be void and released a ully pay all other indebiedness Gr srabulity that and saul (auhtully und promptly < the punt of the Mottgagor to be comuied wien oad pethensed tine expense of the Mortyugur, uinerwine fy PUN ey ed wWoaAGIR T pentua: Pox and every Une Ne serena un Gaal eee Beira The Mortgagor furthe: covenants @S [oliows 1, That he wil Puy the indebledness, us Sereinbelure provided, PIS SOE CU Hr ret peu tonne <1nout premium or fee, the entire indebtedness ur HRV pact thereul autiess ona Hegel ae re ent oe sae hundred dollars ($100.00), whichever is fess. Any prepayment nace weer tne an cintaliment cue date ell pot be credited until the next tollowing anstailm ent due dute. 2. In order more tull Y¥ (© protect the secunty uf this ro, the Werldugee. together actin monthiy payments under the terms of the note secured hereby, on the cistuiinene soul the said note is fully paid, wilt Pay to the Mortgagee vs trustee tunu. stated) the following sums: dot audetion, shaw hate PINTS Pine tera ui thin tiust oy eee bet (a) A sum equai tothe Round rents, Payeble on policies of fire assessments next due on Mortgugor is notified) les tetore one month Prior ta become celinquent, Uowaw, meat due, Wun The pueaisies tnat end Cihet hazind insure cosenig ie a Se aeU plupeny yp cin the Turgmged prpeny (ail os eatimeteu by the Morty, wil sums slreway batd theretur diviged Ly the sate uw SU RE ben ie aun are) WOR oe wheal tha he number at Ren Suc wround tents --emiums, Such sums to be heid by Mortwagee re 'AX@S. and Special 4SSessmernin MUNIN tu elapse TORO. td anne SRLETEN watt St fe guy Sed geoung res ES, temas >) The aggregwie cf the UMOUNLS pavan cerepy, srati be paid ina sin Stated i pursuant te Subperoxrapn Wane pay Been ihe nese Secured WIE Davment ERE TOE TOTOWA CLOTS Hine caned S) ground rests, taxes SOS ESAMOENES. Ge cine 1) interest on the note se ureg herepy. wag SED) amorusation of the FRAC OM Ob Siu Aue wets sev gelicren Mytne amount ot TREE RULE Montag Ol the next sucn go yas Beytent cost: Morte@gur ani vey ow Late wee ae DN Gastiy age Cee: emerge ‘ ay . vatoynen pose & ‘ a ; paid more thea fifteen (1S) \ ther the aue date thereat to covet the exe ESO Gusweed an = quent payments, but such ‘late charge shail not be Puyadle ont ot the procergs wi ony iadebledneas secured hereby, uniesa suca Proceeds are wulficient Proper costa and expenses accured hereby. to discnarge ine enue iar 3. Lf the total of the payments made by the Mongegor under (a) of Paragraph 2 greceain amount of.payments actuaily cade uy the Mortgages, insurance premiums, as the case mey be, the Mortgagor for such items such goathly payments shall 14 as trustee (or ground rents ws and ose + Buch exceam chall be credited On Subsequent © or, at Mortgagee’s option, as trustee shail Le retual oot be suificient to pay such items when the same thea the Mortgagor shall Pay to the Morigecee os trustee any amount necessary payment shall be made withia thirty (20) days after writtea nouce from the Mon deficiency, which notice may be given by mail. ded tu Mutigages By deer, shall becume Geo ons pupae, to make up the deficiency. Such Ragee Steling the amount of the If at any time the Mortcegor shall tender to the Morgegee in note secured hereby, (ull peyment of the entire indebtedness represented il, in computing the amount of Such indebtedness, credit to the account of Provisions of (a) of said paragraph 2. If there shell tea reaulting in & public saie of the premises Covered hereby, or delault, the Mortgagee as trustee shell appiy. the property 18 otherwise acquired, the Preceding as a credit on ihe interest ave said note. at the tine of amount then remain wen and 4. He will pay wil taxes, asses ments, walter tales, impositions, for which provision has not been made herein Same, and that he wiil promptly and other govemmental ur MUNI eae 6 before, and in default wereul detiver the official receipts therelorto the fiten or he Mortgages Mortgagee. S. He wall peemtt, commit, ot sulier <9 waste RENt, of Cetenoration 2{ Said propery ur 7 except reasonable wear eng tear, aad in event of the failure of the Mortgsgor to seep the boas premises and those to be erected on sara premises, or ke such repeirs as in its discretion tm amount of each and every euch sayment secured by the lien of this mortgage. + Umpal ital ded the Mortgegee may improvements thereon, in good repair ay deem necessary fcr the Propet preservauon terest. and the tull snall te due and Payapie thirty (30) days alter tomar. =1@ shail be 6 He wit pay all and Singular the costs. charges, sad expenses. custs of abstracts of ttle, incurred or paid ut any time hy the Mor gagee because =f the Mortgagur promptly ind fully tu periomm «Kleements and covenants of said proz und said custs, charges, und expenses shall be immediately due and payable and sh. this mortgage. Including sees leeyera: ere yw 7, Me wil cuntenucusly maintain haz a(S insurance, vl sucn ime to tine require, on the improvements aow ur heteslter wes Premiums hus theretulun teen mule vader tay el parugrapa 2 Rersul, he anil therefor. All insusunce hull be caitied ia Companies appraved by Wutthagce shull be heid by Murtgegee and huve wched thereto less pesable Clauses in fuser ot wad the Mostgugee. In event of loss ke will Rive immediate nuuice ty mask tl Murtgey pevef of loss if not mace Prucptly dy Mortgugor, und each insutence cur: te directed to muke payment (or such loss directly to Montages: instead uf tu Mh the insurance proceeds, or uny part thereut, may be appited by Mungagee ot its the indebtednuss hereby secured of ta the fesloretion of cups of the Prout types wad On salen ay fron ARUR pas et ail suca comply «hen doe pretivas ad the puiivs ead reneeais thereul term oa Seger wintiy othe tedlcs pipe ween closure of thix monguge, of other tunster of ithe to the murtyeged oroperts is swcwied heresy, uid Kat, tiie, unc interest ol the Mortkegue in and io any insur tems wostas P¥ss (a the purchaser or great 4. He wall nyt caecute ue ile ot Neurd any rietrument Whig imposes a ceatg tien wee IME ee ne ties uf the property descebed hetein on the pesis of rece, colur, ut creed. BTL the premises, oe any pec thereul, be condemned unuer the power ol MME ate rae geet 5 public use, the damapes awarded, y pluceeds tor the teman nd on he ay amount of the MAINA unpaid indebtedness secured | snd IWS Kets ot assigns, siderition ter yuan ertentod the fiutl tu the Moetgages, Was tye ae MEN any Sat Wet ce wad stall be pad tosmaatn vyphed ou secount of the last eatuaing tastwilmenin ol such indedbtedne FI’ UsMiyneE, muy it his discre on pay direct ty the Muti wegue, tavided, thut ad the luua os kuwienteed ur insaced, the ui stad puyment. aa. privided, hueever Mevttyqen cn Diy Pears ve assigne ain p wd ane shaw ke Gynaecol ol the Kuatantvr Ur insane is ctlwcned a ee 10. The Mortgugee may, ut any ume theteul for the wpporntment of » receiver Neseby wil und Singular, inciuding seuved, euch and every uf witca, vad des pending « mut Upun Ute mar yege. appey La he Carwel Aad s mad such Court sAwil forthwith ppOIAt a receiver ot he wulund singular the income, giutits, Insuen, LUANG Expresbiy understoou, is aciety Rubendum cleuses hereut ered tun SES Cet od a Palevet sowie ead tevenuen tre Toth eget as ol Wey set fatty tbed in the grunting ang Yee A appeantinent smal te de he ween rn wimitted equity aad u mutter of MGSUIULY Trent to suid Muttgagee cid watt! va toa Wass tquacy of the vulue of the proverty Ugueed uf tu the suivency on. ECHO radants Such rents, profits, income, issues, ond te Sages shall te appre ty sun rece eg Tm toy motlgwye wad the practice of Suen court, Ae ewenlal any ce we Ne yy + vender Motlgugor ayiees to puy to the Mortguyer on demand ax 4 PASONADEO OT EER tata bee . SN a A lewet cqutvalent (9 onetwerlta of, Ble the ygcren, HL SNE Tw etse onitiy castan 4 sre suerent yeu plum the actual wnuunt of o&e wneud ta PSSEN SONS ee eee wos er SUD yeu cul Caverey by + Pena Most ty guy aents. Ho Tathe event ui say Ueeuca a: das. MMe ur detaut ne ert ol ne vee ay, haa vovaid sums ol soney herein reese + MUL PEI ETL kd ety jonni ng, . vent that couch anu eve: RE MING eons vementy. condity oe MO! Cory, promutly, sad tiv ettomaen oe othe Moet yager em iain cod Tonkmpley ot weeversne pmceecngs, | on im either at on See ent tee rn ! { i | | 3 i etme eee ee * 194 wi 988 said aot teeaining wapaid, with labereet accrued to wnat aad al! money secured hereby shall bece ae due @ 4 psyeole icnhwith, of Uherea(ter, at the option of said Mortgages, a0 fully and Compietoly as if all the seid sums Of money were originally stipulated to be neid on ouch day, esything is maid note cris thie Worgege te the contrary nxwithtiacding: aod therespoa of thereafter, at the option of uaid Mo tgagee, without notes o. dew ad. suit at law or ta equity, may be prosecuted as if all moneys secursd hereby had matured prot to ite ANteulon. The Mortgsgce may foreciose this WONssEe, 8s to the amount so d-ciared due and peyeble, sad the sa: Shall be eold to sauiaty acd pey the same meether with costs, expenses, sod allowances. in case of petial lare- Closure of this morgage, (be @origeged premises aba) be sold subject to the Contriving hen of this wongace for the amount of the dedt oot then due and unpeid. In such case the provisions of this Peregteph may gain be availed of tbereaiter (rom time to tine by the Mortgages, preaiaes 12, No waiver of any covenant herein o tof the obligation secured hereby shail ai any tine v0 be a waiver of the tems hereoi of of the theteaiies be held note secured hereby. 13, The Lien of this instrusent ah all remain ia full force ead effect duna she time of payment of the indeedness & any Postponement or extension of Ot any pert thereof secured hereby. 14, This morcege is given to secure the Purchase money, of a part thersof, of the leads heretn desenbed ond 18 executed and delivered Coalemporeneousiy with the deed therefor. 1S. If the Moctgegor defeat in eny of the covenants or agreements Mortgages mey perform the same, sod all expenditures (iacluding reasoasble attor: fagoe ia to doing shall drew interes thirty (30) days afer demand, and. mortgege. 16. Upoa the reqneat of the Mortgagee the Mortgagor snail execute 17, The mailing of a written sotice of demand addressed to the owner of mcord of the mo.gaged Premises, or directed to the said Uwoer at the lest address actually furnished to the Bactgagve, of if acne, directed to said owner at taid mortgaged premizes, and mailed by the United Sates mails, postage prepaid, shall be sefficient wotice and demand in ony case ecaing uoder this jastument wad required by the proviaions bereef or by lew, 18. Title 38 United Statwe Code and the Reguladicas issued thereunder shail govem tbe ighta, duties end lnabilities of the pares hereto, and any provisions of thia or other inatrimenta executed ta connection with said indebtedness wrice are inconsistent wich said Tide ot Reguisuons are nereby amevded and supplemented to com fons thereto, The covensais berein coola heir, executors, sdministritora, number aball uciude the peurel, term ‘‘Mongagee © shall taciud by operation of iaw of otherwise. ined shall bind, and the benefits and advanta IN WITNESS WHEREOF, he said Mortgegor bea hereunto at hie band and sear the day and yeer firtt aforesaid. Sagned, teased, asd deli ered ta the preseace of ~ (BAL) -. TT eee Oe. STATE UF FLORIDA COUNTY CF a Before me ze-sonatiy appeared end Din wile Toone well knoen and known te me tu be ihe individuats sexcnped in and who ereculed the loreyoing instrument aod wcanumieeyed belie me thal Ibey executed the sane tor the Purposes therein exprrased WITNESS =. -and and officiel Beer this davol My Noten Hobie anand forcounry ere Nites atate mand 7 My communion expires LORIDA) 2 33 COUNTY UF SUVAL > SUPA al Fiualea ot Lae Sul, Cu ee sell be wal ae attumiy aud Chae Load ewer vie Letape thae le eae at at cutie Adaintatcater vl Veletaue Alfatra, lor IN WITNESS KUERMOP, Lo have Lerecata net ov ba lee day of January aloceaeld, MY Comrntasion exrciraa: Se cs rd Dement te ou. TPT 7 the sncerpipaed avthe perasneliy appeared ee taet . VEE Pierce. PME at Jet ewan ae ire rs Y 1 ? i i 4 i i 3 d Book: 3ST T United States of America, whose address is Department 22 Fage:O8B70 Veterans Affairs, P.O. Box 1437, St Petersburg, FL 33731, Rec: 11/21/95 pyhereinafter called Grantor, and 03:18 P.M. Co . “iles $538227 (g°5 9 PAMELA MILLER, A SINGLE WOMAN John “eene 9 y Clerk Of Courts 49 . Clay County, Fi with permanent post-office address at FEE? $6.60 4122 SAUNDERS DRIVE BOC: 3458.50 MIDDLEBURG 32068 in the County of Gaty CLAY ,State of FLORIDA hereinafter called Grantee(s) WITNESSETH, That said Grant fer and in consideration of the sum of Ten Dollars($i0)in hand paid by Grantee(s) and other consideration the receipt whereof is acknowledged, hereby grants, bargains, and sells to Grantee(s) and Grantees heirs or successors and | and assigns, forever,the following-described land in the i county of Gay CLAY State of Florida, to-wit: U U VA Form 26-6408 Jan 1986 Rev. SPECIAL WARRANTY DEED Sectica 1820, Title 38, U.s.c FLORIDA THIS INDENTURE, made this 2nd dav of November , 1995 BETWEEN the Secretary of Veterans Affairs, an Officer of the LOT 7, BLACK CREEK SHORES, UNIT 2, ACCORDING TO THE ay PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGES 59 AND 60, OF THE PUBLIC R= CORDS OF CLAY COUNTY, FLORIDA 26-0542 H- 006683- C00-00 This conveyance ia expresaly made subject to a Purch executed by the Grantee(s) herein to the Grantor in the gum of $64,470.00 to be given to secure dabt representing balance of pur chase price of real property herein described. Thia deed is made Subject to all covenants, rastrictions, easements and limitations of record; also subject to the lien and effect of all t nature levied or asseased against the aforesaid property for sul TO HAVE AND TO HOLD the abov gequent years. nage Meney Short Form of Mortgage to be + Said mortgage to axes and/or municipal liens of every @~described property, with appurtenances, unto said Grantee(s), and Grantee’s heirs or euccessc ts and assigns, forever. Grantor hereby warrants the title to said lands against the lawful cl. claiming the same by, through, or under Grantor. IN WITNESS WHEREOF, Grantor on the day and year firet above written has caused this instrument to be signed and sealed in his/her name a: ‘ms of any person nd on his/her behalf by the undersigned employee, being thereunto duly appointed, qualified, of Federal Regulations, Sections 36.4342 and 326.4520, pursuant t and acting parouant to title 38, Code ereto, as amended, and who is authorized to exercise this instrument. SIGNED, SEALED AND DELIVERED IN THE, PRESENCE OF US: a \é Lituly RSD 4 Loan Guaranty Officer ional Office = tens 5 oe : TITLE ersburg, Florida 33731 tc 4a dele rd STATE OF FLORIDA oR. 26.4342 and 25.4520.) COUNTY OF PINELLAS I HEREBY CERTIFY, WILLIAM A. CIPOLLA Affairs a department of the Federal Executive Branch, behalf of the Secretary of Veterans Affairs, Yirument was acknowledged before me this date by ’ Loan Guaranty Officer, who is personally known to me and who did not take an oath, stated that he is an employee of the Department of Veterans duly authorized ts execute this deed on [SEAL] woof aachovicy and he acknowledged to me that he executed the same as said employee cn behalf of said Secre deed of said Secretary, and of such officer cn his behalf £5 expressed. fe £¢é in the County and State aforesaid, =his 2nd of Novemper 21995 + . > Unley 64 J en My commissicn expires: * IN WITNESS WHEREOF, I have hereunto set my a f This instrument was prepared by rey Management Secticn P.O. BOX 4142 s Petersburg, rdation return this ing to: PAMELA MILLER 4122 SAUNDERS DRI MIDDLEBURG, FL. 68” v i : i ii tary and that said instrument is the free act and r che usea and purposes therein ixed my official seal at St Petersburg aA emcee rte Nov-16-00 10:36a\_) wy) P.oaq MORTGAGE NOTE b2500.° Cling 07 7 For vaiue received, the uudersigned, prcsern na Kan nn \. . ‘Promise to pay to the order of Parmar = Nan | Sune the principal sum of Aig io [Rovace~ of nad fw Adered 2 , #100 DOLLARS ($bASDOS. ) with taterest thereon at the rete of 2./57 per centum per annum from nie until matulty, eaid interest being payable both privcipal and interest boing pnyabie tn lawful money of the United States of America at Nee pre-e ot Mm oan reid - or at such other address as the iicider from time to time may specify by written notice to the maker, said principal and Loterest to be paid ou tha date and In the manner following: . : . 5 le AWA Qaawc m ‘ BetL Pte spose Tha 2 A waep otis pugs pork Slat Poryima cf HOP -F2 Phew TX2S Grd Yrawanre ts Nek tene Foon or Apt) /997, 9s (erent peeing int Panera HOHE OO! Se : on. wot ivf Joon (Pored UN. a J ae hint? Se Cient 204 BAS 1997, This nota is to be construed and enforced according to the inws of the State of Florida, and is secured by nortgage on real estnta of even date ierewith, If defauit be made In the payinent of‘any of said sums or interest or in the performance of any anveements contnined herein or in the said mortgage then, at the option of the holder of the same, tho principal sum then Yemnining unpaid with accrued Interest shail immediately become due and collectible without notice, thne being of the essence of thia contract, and said principal sum and said accrued interest shall both bear interest at the maximum rate per annum eilowed by jaw, from such time until paid. Zach maker and endorser waives presentment, protest, notice of protest and notice of dis- honor and agrees to pay all costs, including a rensonnble attorney’s fee, whether suit be brought or not, Hf counsel shall after maturity of this note or default hereunder or under said mortgage, be employed to coilact this note or to protect the sacurity thertof. . / I ery to saan 5 ae Maker's Address CB synete 71 ences 2X ie _Nev~16-00 10:36a WU Nw) MORTGAGE DEED This Mortgage :s given sy SUSAN * LEWIS, SINGLE, hece:nafter called Borrower, cf ORANGE PARK, FLORIDA, to PAMALA MILLER, SINGLE, nereinatter called Lender, which term includes any holder of this Mortgage, Payment cf the PRINCIPAL SUM of $62,500. together with interest thereon computed on the outstanding balance. ail as provided in a Note Raving the Same date as this Mortgage, and also => secure the performance of all the terms, covenants, agreements, conditions and extensions of “he Note and this Mortgage. In consideration of tne +can made by Lender cs Borrewer and for th purpose expressed above, =ne Scrrswer xoes nereby grant and convey <2 lender with MORTGAGE COVENANTS, che land With tne buildings situated thereon and all the improvements and fixtures mow and hereafter a part thereof, being more Particularly described in Exhibit A attached hereto and made a part hereof and having a street address of: 4122 SAUNDERS DRIVE ALSO XNOWN AS LOT 7 BLACK CREEK SHORES, UNIT 3 SELLER AND SUYER ACKNOWLEDGE THAT THIS IS A WRAP AROUND MORTGAGE AND ALL PAYMENTS WILL BE PAID DIRECTLY TO NATIONS BANC UNTIL PAID IN FULL. PARCEL 26-95-24 006683-000-09 (Attach Property Description) Borrower further covenants and agrees that 1. NO superior mortgage or the note secured by it will be modified without the consent of Lender nereunder. 2. Borrower will make with each periodic payment due under the Nete secured by this Mortgage 3 payment sufficzrene to crovice a fund from which the real estate taxes, Setterment assessments and other municisal charges which can become a lien against the mortgaged premises xan be paid by Lender when due. This provision shall se effective only in the event =hat a fund for the same curpose is not required to be estabiishea by the holder of 2 senior mortgage. 3. In the event chat Sorrower faiis to carry cut the covenants and agreements set forth wv nerein, the Lender may ds ana Fay for whatever is necessary to protect the value of and the Lender's rights in the mortgaged property ana any amounts ss pata shali ve added t2 the Princizal su tender hereunder. 4.0 As additscnal secur vender, anQ upon cefaulzt ine same to secure the sxuipitz, Sacre 27 —— ee Nov-16-00 10:36A UW VY may be collected without the necessity of making er y upon the mortgaged premises. S$. in the evenc that any cendzticn of thas Mortgage or any senior morcgage shall be in default for fifceen (15) Gays, the ent:re debt shall beccme immediately due and cayable act the Opticn c= the Lender. uencer shall be entitled to collect ail costs and expenses, .nciuding reasonable attorney's fees incurred. 6. This Mortgage 1s aiso security for ter direct and cencingent jiabii:ties of the Borrower =s Lender which ace due or become due and whether NOW existing or hereafter contracted Borrower shall maintain agequate insurance on the property amounts and form of coverage acceptanie to Lender and the Lender shall bea named insured as its interest may appear. 8. Borrower shall ast commit waste or permit others to commit actual, permissive or constructive waste on the Property. 3. Borrower further covenants and warrants =s Lender that Borrower is indefeasibly seized of said land in fee simple; that the Borrower has lawful authority to mortgage said lane and that said iand :s free and clear s£ all encumbrances except as may be expressly contained herein. This Mortgage is Upon the STATUTORY CONDITION and the ether conditions set Icrth herein, for breach sf which sender shall nave the STATUTORY ZOWER OF SALE <2 the extent existing under State law. Borrower STATE CF FLORIDA COUNTY CF CLAY On AUGUST J i997 before me, appeared SUSAN K LEWIS, personally known ts me iss ,personally svec 25 me on the casis ot satistactory evidence) co re the person(s) whos @ name(s) fare subseribed £9 the within instrument and acknowledged to me that he/she meéy executed the same in nt a nis/her/their authorized Capacicy(1es), and that by his/her/cheir signature:s) on the instrumenc the person(s}, cz tne entity upon behal which the person(s) acted, executed -ne instrument WITNESS my hand and offiezai seal. cv) th NG { aA A A AT Ay signature Wausee)doungda Ste anco Bounce ‘ . mi f \SAanee Ly * vy Conmmaen CCS75829 - . 4, sy Fxewas Get. 12, 2000 yy Page 2, roe 793, Ws HA “all fon] jon of Courts WARRANTY DOSED Clay County, FL FEE: $6.00 i OOC: $455.00 \ For good consyderation, we PAMELA MILLER. SINGLE WOMAN | 2425 IRIS, of MIDDLEBURG, County of CLAY, State of FLORIDA, herepy bargain, deed and convey toVSUSAN K. LEWIS, SINGLE, z£ P.O 30X 1351 ORANGE PARK, | County of CLAY, State of FLORDIA, tne following deserssed land in CLAY i County, Sree and clear with WARRANTY COVENANTS; tc wit: ‘LOT 7, SLACK CREEK SHORES. UNIT 2, ACCORDING To THE PLAT THEREOF, AS RECORDED IN FLAT BCOK 3, 7AGES 59 AND 60, CF THE PUBLIC RECORDS OF CLAY COUNT, FLORIDA... 26 05-24-0096483-000-900, Grantor, for itself and its heirs, hereby covenants with Grantee, its hears and assigns, chat Grantor is jawfully serzea in fee simple of the above-described premises: that it has a goog <:ght to convey; shat the premises are free from ail encumbrances; chat Granter and its heirs, and ail persons acquirang any interest in the Property jranted, througn or fer Grantor, will, on demana of Grantee, cr ics heirs OF assigns, and at the expense of Grantee, i=s heirs or assigns, execute any instrument necessary for the further assurance of the tatle to the premises that may be reasonably required: and that Grantor and its heirs will forever warrant and defend all of the property so granted to Grantee, its heirs and assigns, against every person lawfully claiming the same or any part thereof. Being the same property conveyed to the Grantors by deed of , dated AUGUST » 1997. WITNESS the hands and seal of said Sranto As day of AU T, 2397. ' i | | | STATE CF FLORIDA ‘ val COUNTY CF Bex? On AUGUST 3 1997 before me, : + personaily appeared PAMALA MILLER, SINGLE, personally known to me (or proved to me on the basis of Satisfactory evidence) to be the person(s) mnose name(s) is/are subscribed to the within instrument and acknowledged to me th. he/she/they executed the same in his/her/their authorizea capacity(ies), and that by nis/her/thear signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed che instrument. WITNESS my nana and official seai. “~ TY % Signature Anihiuch rem UA t an) ~ Affiant xnown __“ Proaucea 25 | — — Pr : -anwa M Bounce Type of 22 Giotipa D License i My Comrreseon CC575823 . Expres Ox. 12, 7000 Seal: ‘2h, VLE OT OCO-9T-AON

Docket for Case No: 00-000624

Issue Date	Proceedings
Dec. 14, 2000	Order Closing File issued. CASE CLOSED.
Dec. 13, 2000	Order (Joint motion to Relinquish Jurisdiciton is Denied) issued.
Dec. 12, 2000	Joint Motion to Relinquish Jurisdiction (Petitioner) filed.
Dec. 08, 2000	Order (Joint Motion to Continue and Reschedule Hearing is Denied) issued.
Dec. 07, 2000	Joint Motion to Relinquish Jurisdiction (filed via facsimile).
Nov. 29, 2000	Joint Motion to Continue and Reschedule Hearing (filed by Petitioner via facsimile).
Oct. 20, 2000	Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 18, 2000; 1:00 p.m.; Orlando, FL).
Oct. 19, 2000	Joint Motion for Continuance and to Reschedule Hearing (filed via facsimile).
Aug. 31, 2000	Motion to Take Deposition by Telephone (filed by Petitioner via facsimile).
Aug. 30, 2000	Order of Pre-hearing Instructions issued.
Aug. 30, 2000	Notice of Hearing issued (hearing set for November 2, 2000; 1:00 p.m.; Orlando, FL).
Aug. 17, 2000	Status Report (filed by Petitioner via facsimile).
Aug. 02, 2000	Motion for Enlargement of Time to File Status Report. (filed via facsimile)
Jul. 11, 2000	Order Granting Continuance sent out. (parties to advise status by August 1, 2000.)
Jun. 29, 2000	Motion for Continuance (filed by Respondent via facsimile)
Mar. 23, 2000	Order of Pre-hearing Instructions sent out.
Mar. 23, 2000	Notice of Hearing by Video Teleconference sent out. (hearing set for July 17, 2000; 12:30 p.m.; Orlando and Tallahassee, FL)
Feb. 29, 2000	(Petitioner) Unilateral Response to Initial Order (filed via facsimile).
Feb. 09, 2000	Initial Order issued.
Feb. 07, 2000	Administrative Complaint filed.
Feb. 07, 2000	Respondent`s Answer to Administrative Complaint and Request for a Formal Hearing filed.
Feb. 07, 2000	Notice of Appearance; Request for Production of Documents filed.
Feb. 07, 2000	Agency Referral Letter filed.