i ‘ es NEW SOUTH WEST PROPERTIES, INC. Ww w] & STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION” , FLORIDA REAL ESTATE COMMISSION he FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, @ O- a } 0 Ce vs. FDBPR Case N° 99-80789 2000-80606 JOE KURUVILA, HOMELAND 2000-80605 REALTY CORPORATION AND Respondents. / ADMINISTRATIVE COMPLAINT The Florida Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Joe Kuruvila, Homeland Realty Corporation and New South West Properties, Inc. ("Respondents"), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, including 8? 20.165, and @ Chapters | 120, 455 and 475, Fla. Stat., and the rules promulgated thereunder. 2. At all material times, Respondent Ic oe Kurwvila was a licensed Florida real estate broker, issued license numbers 0520244, » 0274827, and 3000411 in accordance with Chapter 475(Part ), Pla Stat. The last license issued was as a broker, clo Homeland Realty Corp., 6051 Miramar Parkway, Miramar, Florida 33023; clo New South West Properties, ‘Inc. 6053 B FDBPR v. Joe Kuruvila Case No. 99-80789 Administrative Complaint . Miramar Parkway, Miramar, Florida 33000; and c/o North Eastern Properties Inc.. 6043-A Miramar Parkway, Miramar, Florida 33023. 3. Respondent Homeland Realty Corporation is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 0261483 in accordance with Chapter 475(Part 1), Fla. Stat. The last license issued was at the address of 6051 Miramar Parkway, Miramar, Florida 33023 _4.. At all material times, Respondent Joe. Kuruvila was licensed and operating as qualifying broker and officer of Respondent Homeland Realty Corp. 5. At all material times, Respondent New South West Properties. Inc. was a corporation registered as a Florida real estate broker having been issued license number 0264939 in accordance with Chapter 475, Fla. Stat. The last license issued was at the address of 6053B Miramar Parkway, Miramar, Florida 33023 6. At all times material hereto, Respondent Joe Kuruvila was licensed and operating as qualifying broker and officer of Respondent New South West Properties, Inc. 7. Atall times material hereto, Respondent New South West Properties, Inc. maintained and/or operated from an office located at 6051 Miramar Parkway, Miramar, Florida. 8. On or about September 2, 1997, the United States Department of Housing and Urban Development conveyed real property located at 6121 Jackson Street, Hollywood, Florida, to Respondent New Southwest Properties, Inc. A true copy of the deed is attached and incorporated as Exhibit 1. 9, On or about October 21, 1997, the Hollywood, Florida Code Enforcement Division issued a notice of violation to Respondent New Southwest Properties Inc. for “work without a FDBPR v. Joe Kuruvila Case No. 99-80789 Administrative Complaint permit (window replacement)” and “work without a permit (addition)” at 6121 Jackson Street, Hollywood, Florida. 10. On or about November 20, 1997, the Hollywood, Florida Code Enforcement Division sent by US certified mail to Respondent New South West Properties Inc., 6051 Miramar Pkwy., Miramar, Florida, another notification of the violations. A true copy of the letter, enclosure and certified mail receipt is attached and incorporated as Composite Exhibit 2. neve. LL..On.or about December 20,.1997, Respondent New South West Properties. Inc. ... (seller) and Carlos and Sonia Pratts (buyers) entered into a contract for sale and purchase of the real property located at 6121 Jackson Street, Hollywood, Florida. A true copy of the contract is attached and incorporated as Exhibit 3. 12. The parties executed an addendum to the contract, at the insistence of Respondents Kuruvila, New South West Properties, Inc. and Homeland Realty Corporation, which stated that the property was being purchased “as is.” Respondents also opined that no inspections for this property would be necessary. 13. Respondent Homeland Realty operated as a transaction broker. 14. As transaction broker, Respondent Homeland Realty (through Respondent Kuruvila) owed the Pratts the duty to deal honestly and fairly and the duty to disclose all known facts materially affecting the value of the property that are not readily observable to the buyers. 15. On or about January 28, 1998, the Hollywood, Florida Code Enforcement Division issued a notice of violation to Respondent New South West Properties for “work without a permit” at 6121 Jackson Street, Hollywood, Florida. A true copy of the Notice is attached and incorporated as Exhibit 4. het i te ee wd lw FDBPR v. Joe Kuravila Case No. 99-80789 Administrative Complaint 16. On or about February 20, 1998, Respondents New South West Properties and Kuruvila executed a warranty deed conveying the real property located at 6121 Jackson Street, Hollywood, Florida to the Pratts. A true copy of the deed is attached and incorporated as Exhibit 5. 17. On or about February 20, 1998, Respondent Homeland Realty received a commission in the amount of $3,600.00. _. u.....18. At no time did Respondents New South West Properties Inc., Homeland Realty or _. Kuruwvila disclose the lack of permits or the code violations to the Pratts. 19. On or about January 21, 1999, the Hollywood, Florida Code Enforcement Division issued a notice of violation to the Pratts for failure to have necessary permits for the window replacement and addition at 6121 Jackson Street, Hollywood, Florida. A true copy of the letter advising of the notice of violation is attached and incorporated as Exhibit 6. 20. On or about January 19, 1999, the Special Master of the Hollywood, Florida Code Enforcement Division ordered the Pratts to pay obtain the necessary permits by February 19, 1999, or face a $200 fine per day. A true copy of the final order is attached and incorporated as Exhibit 7. COUNT I ~ Based upon the foregoing, Respondent Joe Kuruvila 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. COUNT II Based upon the foregoing, Respondent Joe Kuruvila is guilty of violating a duty imposed upon 0 YY 2 ena FDBPR v. Joe Kuruvila : Case No. 99-80789 Administrative Complaint . him by law or by the terms of a listing contract, written, oral, express, or implied. in a real estate transaction in violation of § 475.25(1)(b), Fla. Stat. COUNT II Based upon the foregoing, Respondent Homeland Realty Corp. 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), COUNT IV Based upon the foregoing, Respondent Homeland Realty, Corp. is guilty of violating a duty imposed upon it by law or by the terms of a listing contract, written, oral, express, or implied, in areal estate transaction in violation of § 475.25(1)(b), Fla. Stat. COUNT V Based upon the foregoing, Respondent New South West Properties, Inc. 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. | WHEREFORE, Petitioner cr 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, Fi la. Stat., » depending upont the severity of the offenses), include: revocation of the license or r 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 ee per) mp pegece-gepmmep amges apemet| ( FDBPR v. Joe Kuruvila Case No. 99-80789 Administrative Complaint $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. Sta?., depending pon thé severity "OF the” offénse(s), include: revocation of thé 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 6152-24.001, Fla. Admin. Code. SIGNED this /&@ wa day of Pebseusny _, 2000. Lo <2 , AML Department of Business and ——~ Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate epartment cf P . Divisio R Biv WOO OF Real Estate FDBPR v. Joe Kuruvila Case No. 99-80789 Administrative Complaint ATTORNEY FOR PETITIONER Robert W. Burijon, Jr. Florida Bar N° 434485 Senior Attorney, Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower vent tnuentseueeeetomanton deen wate trate stigma hamncnanein tenes stned Sm nsainrniesninanmiennanrerfn sachet i ets = 400 “WéSt Robinson Street ore tnaaciane een ntn tet he te Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX RWB/k PCP: DS/LJ 2/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not 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 7 behalf if a formal hearing is requested. file an Election of Rights form or some other responsive ‘pleading with the Petitioner within twenty-one (21) days 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. eee Thle ewement Prepwes vy and Aaturn had JAY @ ANDERGON, ERG. LAWYERS ADVANTAGE TITLE GROUP, INC. S211 West Goward Bivd,, #119 Plantation, FL 99326 Property Appraisers Pascal Identccation a. JACK OSTERHOLT ZL COUNTY ADMIN. WIC TRI - COUNTY for: Lawyers Advantage Title Grp 8211 W. Broward Blvd # 11G Plantation, Fl 33324 Ya AQ.>- an - SPACE ABOVE THIS UNE FOR REDOROING DATA, THIS INDENTURE, made the 2rd cay of _ Sentember A.D. 199_7by Andrew M. Cuomo, Secretary, Department of Housing and Urban Deveispment, of Washingtan, D.C. norain caied tha grantor, whos post ofice address ts 1320 South Dixie Highway, Coral Gables, FL 33129-2911, to New Southwest Properties, inc., a Florida corporation wnose post office addross ic 6121 Jackson Sirest, Hollywood, FL 33023. hereinater cated the Grantes: (Wherever used herein ce terme “grantor® end “grantes" nchude ait the parties to this netUM@nt and the Beye, Moet representatives aad satigne ot Wndividuaie, and the suscessara and assigns of corpouations) WITNESS ETH: ‘That the grantor, for and in conskteration of the sum of TEN ANG O0/100'S (910.00) Doders and other valuable considerations, racaipt whereot is hereby scknowledged, hereby grants, bargains, seks, allans, remises, releases. conveys and confirms unio the grantss ail that certain land situate in Broward County, State of Florida, var Lot &, Block 1, CHESTHAVEN NO.2, according to the Plat thereof, as recorded in Plat Book 34, Page 49, of the Public Records of Broward County, Florida, BEING the same propenty acquired by the grantor pursuant to the provisions of the National Housing Act, 1701 @t 86a.) and tha Depariment of Hovsing and Urban Davelopmant Act (79 Stal. 667). TOGETHER, with ai the tenements, hetodzaments and appurtenances thereto belonging of h anywite appertaining, and tho teversion and reversions, remainder and remainders, rents. issues and profits thereof. And also ail the estate, right, iRise, terest, property, possessia.., clam and demand whetsosver, as well in law a3 equizy, of the Grantor, Gf, in end to the sams, and every part and parcel Ihereot, with eappurtenences. TO HAVE AND TC HOLO, tno above grantad and cascribed premises wih the eppurtenances, unto the Grantee(s), and the hobs and assigns of sald Grantea(s}, to thair only proper use end benefit in fea simple forever. SUBJECT TO ALL covenants, restrictions, reservations, easements conditions and rights eposaring of record and to real property taxas for the current and subsequent years and to any stats of facts an accumite survey would show. AND the same Grantor does hereby spaciety warrant the title to sald tand against the lawful claims ct all parsons ctaiming by, through or under Grantor. IN WITNESS WHEREOF, the said grentcr nas set his/her hand and seal as Coral Gabies Office authorizad deed signator, ___Hsset_Manacer HUD, Coral Gables Office, Coral Gables, Florida, tor and cn bohell of the said Secretary of Housing and Urban Davelopment, under authority and by virtue of 35 FA. 16108 (10/14/70), as amended, Tris 24, Chapter it, Part 200, Subpart 0., and 36 FA. 16106 (10/17/70), as amended by 39 FA, 7608 (2/27/74). 83 amended (12 USC ; Signed. sealed and dolvered in the presence of: ANOREW M. CUCMO Sigi ei4ine M, Dranha, asset “anacer KAREN E, SANDLER Printed Name Zz HUD Field Offica, 1320 South Die Hwy. AIP EEU Coral Gables, Florida 33146-2911 Signature J Kerry S. Yellev Printed Namo STATE OF FLORIDA COUNTY OF DADE BEFCRE ME perscaaty appeaea _ Tagmmeline 4. Aranha ho lt parsowaby wer known 10 me to be me duly appoinied Fletd Offioe _ ASSEt Manacer HUD Flats Office, Cort Gables, Flonida, ana who praduced Government (0 44 Wanuncation, and (ne person wile exsculea tne toragoing inatument by witus of ie aoows cited authority, 2nd acanewiedged Delore me wer m facuted me same os __ ASSet Manager . for and on denait of ANDREW M CUOMO, Bere Department of Housing and Urban Development, for ine ouIpoEeR IMeren expreteed, and who did take an oath. WITNESS my sand and Dificiat Boat in the State and County usr aloranae ine @« z aaur73res 605 US Postal Service tied Mail Receipt for Certifies am pa6} sequieseg ‘4 | BE UU04 Sd 6L10°8-26-S6S20} - € = § a Ps a HUY _ Blame Gone nae Ts _ oe 8 ieee 33 = e223 22 3 noo |3 |sge 8 s} “igzg@ [2 jesse 28 & ga Q e326 3 935 64 Q ae a 8 _ Thank you for using Return Receipt Service. CONTR, j FOR SALE AND PURCHASE OF REAL - “)PERTY rosea CE-THS If of, VA, CONDOMINIUM, COOP ATIVE ar VACANT LAND COMMRACT. RIDERS /“ REQUIRED. A ERRESTNEDATE OTgCLOSURE SUMMARY IS REQUIRED IF AH. OWNERS ASSOCIATION EXISTS. IF THE PROP, # WAS BULL i }o 90-97 | RIO TO 1978, A LEAD BASED PAINT DISCLOSURE IS REQUIRED.) To ba Cird In by Laat party to $'9h o¢ initial vw ____ Meow Soamesslashe pm La® Mos BEIPO7 of —9 “F PRR SS OMh Zz of hereby agree that the Seiler shail sell and the Buyer shall buy the foll TERMS AND CONDITIONS HEREINAFTER SET FORTH. 1. LEGAL DESCRIPTION of real estate located 2» LR betel County, Florida.Tax Feiio# apres: Bl / TAS ALS - FeLLyoreom FLA: (Street) (Apt/Unit) (City) (Zipre4) SELLER OWNED PERSONAL PROPERTY INCLUDED: Ali fixed equipment, all window screens and hardware, al: amteched Qoor coverings and attached lighting fixtures as now installed on said property. Also included: (g described property together with existing improvements therean, UPON THE Central WC __Refrigacator Microwave Oven, __Abovi Ground Poo! ___ Security Sytem, Teentaal Heat ___ Dishwasher Washer Pool Fiter Synem Smoke Detertoris; windows Wail ACK) __Dispoaal __Deyer wn,Poot Motor & Pure ___Sprinkler Systeny w/Pump _ Water Hester Pool Equipment _—Slorage Sbod ~~ —Aagnge Doar Opener a TV Antenna . ADDITIONAL PERSONAL PROPERTY NCLUDED: _ LEASED EQUIPMENT IF ANY(4. Soamtty Sytem Applianoen «t0.), Sellar represents that the property can sow be used for the fello PURCHASE PIUCE in US. funds ZHOMT. é METHOD OP PAYMENT: oy 80 (a) Deposixs) to be held in escrow by fhe the iD CALA Ye s_Loee (b) Additional exorow deposit duo within 9 banking days afer Effective Date, imo being of the ossanes ow ee $ _LO0¢ Hcruwed funds may be placed In an Interest bearing eccount with interest to accrue to the escrow agent unless precluded by law. {c) Amount of new note and mortgage to be executed by the Buyer to any lender other than the Seller ....... $s TYPE OF MORTGAQE (CHECK ONE) ___Conventional, FHA, Wu. VA(IFHA of YA sce Rider) __— Fixed Rate, —— Variable, . Other at prevailing interest rate, payable in monthly installneats to include interest for a period of oars, (30 yearn if Jeft bleak) Buyor agroos to make a written application within five banking days and to make a good faith, diligent effort to obtain the loan. ‘The commission or omission of any act by the Buyer calculated to produce a rejection by the prospective lender shall conatitute an act of default under this contract. fd) Conditioned upen Buyer assuming _. fixed rate _. adjustable rate __ balloon mortgage in favor oF interest at ° and presenuy per ‘month (P.L_.,_-) baving an approximaie balance of =... 6. $ (APPROVE BY CHECKING ONE ONLY) ___. ‘At present terms and interest rate for the period of the mortgego Al an interest rate changeable to the rate of Interest provailiny at time of closing and upon suoh terms and oseditions aa are ae foquired by lender, which Buyer agrees to accept, Notes if more than one existing mortgage is being assumed, place total of other balances here and describe its terms in Paragraph P 4 5.t:&-/ (BPECIAL CLAUSES) of this Contract or on an Addendum ve Ond Mortgage rd Mottgago eee eleeeeeeee abe e eee Dhaene eee $ 4a) Purchase money mortgage and note to Sellet in the principal umount of S beating % for years, Freely Assumable Assumablo w/Quaisfying ; —— Assumable wiQualitying & Rats Change Non-Aasumanie payable $ intoroat at Payable at follows: <) Batanvs of funds due from Buyer in the form of U.S. ourrency of ceshier's chook drawn on a Florida financial institutics, upon cloving und delivery of deed ( or such greater or lesser amaunt as may be neccessary to complete payment of purchase price after credits, f 00 adjuatmenta and prorations) f i purcnasperice Ae PIAL ZO LET ON eee s62900 4. CONTRACT RIDERS: FHA of VYA,___. Condominium, ___ Coop, ___ Homeowners Association, a Vacant Land: See appropriate ridar(s) attached herato and made « part hereof, “TIME FOR ACCEPTANCE: If thls Contract ia not executed by Seller and Buyer on or before Leda For o> the deposit shall, at the option of Buyer, be rerumed to Buyer and this Contract shall be null and void. ‘ ‘ 6. CLOSING DATE: This Contragefhail be closed and the closing doournents aod possossion shall be ceuvered on or bufore ar:) , unless modiflod by other provisions of this Contract or separate agroement. ie ‘TRIS FORM HAS DEEN APPROVED BY THE REALTOR ASSOCIATION OF HOLLYWOOD-SOUTH BROWAMD, INC. THIS 18 A LEGALLY BINDING CONTRAGT AND ACRFRRINLY Molenticil i ig LEGAL AND/OR TAX ADVICE. NIP LAINE, CTSAPORP Faby SmartForms 407-498-1100 EXHIBIT Bs PAGE Rev. 10/1753 sab 2 STANDARDS PU PUtAL Bao Aya es Rane nemer gene nom A. ESCRC ‘of Ure casence only with reference t” payments) of all excrow seporitg “+ pany or enitity recr“sng he Gepost: s) agrees by the acceptance thereal . ty duposit(s) oily, 10 hold the funds in escrow ant dures the same, mudject to clear, A sccotdance with = Soeurack Pasiure of clearanwe ‘of flands shali not E xoute performance by Buyer, Provided, however, (hat in tha event a cupute shall arise berwoen sc aaile parties 10 tris Conaact ato tie Propet disbursemant ofthe depont(), cha party holding the depouiky) may, at nis option! (2) take no action and hold all furds (end documents, if any) unt atreemens sé resaned Devween the disputing partion or uaul a judyemant has deen ‘miered by & court of competent jurisdiction and the appeal period has expired thereon, or if eppeated then usta ce mater has been finally conducted and thos ta wet in acvordance with such final judgernans; of (2) {nstitute an action for declaratory judgement, interpleader or ctherwise joining ti) atiocess partics and thereafler complying with the ultimate judgment of the court with regard to disbursement of the deposi:is) and dirposition of documen:s, if any. In we eve of any suit between Buyer and Sallor whetvin the escrow agent is made a pasty by virtue of acting ae such escrow agent harcunder, of in the event of any suit wherein escrow agent stierpleads the subject rastter of tals evctow, Lhe euctow agemt shall be entitled to recover all ailomey’s foer and costs incurred, including coms and aftoensy’s foes (or azpeilate procesding, if any. Tha cactow agent ahall bo entitled to an award agalnst the deposit funda for such costs and attorney's veea, Any Colt and stlomey’s foca awarded 1 Una eacrow agent thall de suimbursed to the preveiling purty and charged as court costs againn tha losing party oF pasties, Jointly and severally. The party receivieg the depossi(s) shail be entitled to tha foregoing imesplesder relief and award of attorney's and out segardioas of whether aald party 1 ‘also olaiming, ¢ portion of deposil{s) morses a4 real extae commsion and whether of not suit is firet filed by one or both Buyst or Geller in. a suit Involving the escrow holder and whather or not any party Buyer o¢ Geller has an independerd action againel the escrow holder and whether of nol the exctow holdes instituted the interpieader action for bis own: protection, Ary escrow agent who bolda any cepoeia) usder tbe terms of this Coatract sball, upon the filing at'an inierplesdat action, bé obligated (0 silver said dapoaii(s) to the rugiry of the cca for disporition in accordance with the imerpleaider orcer. U. MORTGAGES: NEW MORTGAGES: If this Contract provides for Buyet to obtain # now MORITA: then Buyar's performance uncer thia Cersract sliali be contingent upon Buyer's obtaining ' said morigago financing upon the terms ‘rated, of if none ace slated, then upon the fersas generally prevailing st such tine in the county where the property is located, Jo the avecu Buyer exceutes a new mortgage, all charges incidental 10 the mortgage ebail be paid by tbe Buyer. In the avert & ener of approval for said Gaancing is not obtained within thirty : (30) banking days from the Effective Date of this Contract, then sithar party may terminate this Contract by delivery of writen potoe to tha other pasty oF hia agent, the deposits) ; shall be cotumed to the Buyer and all parties shail be released from all futher obligntlons bere ination abai cease upoe the Buyet obtaining a written later : of upproval regardless of contingencica for morgage financing at the rate rein prior to tne delivery of the notice of termination. 2. EXISTING MORTGAGES: The Soller shail obtaln and furnish an estoppel stetemsnt ftom the mortgages secung forth th prinzipal balance, escrow balance, mathod of payment, interost rate, aswummabllity and whelher the morgage ia in good standing. Lf here ia « charge for the change of ownerus, ancluiling charges for an assumption fee, it anail be home equally by tne Buyer and Seller. Guyer alull make application for assuniption of existing mortgage within five (S) banking days ftom the Eifective Date of as Contras, Buyer aypess 10 make a good faith, deliunt vlfort to assume the exivling mortgage and agrees to execu M1 documents required by the mortgagea for the assumzucn of said mortgage. In the event the morigages: oan not give written consent to permit the Buyer (0 asaurme the existing mortgage at the rata and torma of payment specified in Paragrape 3.(d) within dirty (30) banking days, ~ dhan-sithee-party.may.tecrainats thls Contract by delivery of written notice 10 the other party of hit ager, thon the ceposit(s) ahass be returned 10 the Buyer and all parties shall be : relossed from all further obligations hereunder, Thla right of termization shall (tse upoathe Buyer obtaining-writen epprovai-for.asnmption of the momgege prior to the E delivery of the notice of termination. : Lf the total mortgage indebtedness on the property is lees than the amouai sndicated In this Contract by an amour: greater thas So parser: ;24), the Seller aball ave the option ‘oe by the difference or grant the Buyer a Purchase Moocy Mortgage at the seme tennw acd conditions ‘of tha exia:ng mortgage for the difference. Should ; to reduce the purchase pric ve Seller olect nat ta ceduce the purchase price oF grant the mortgage, the Buyer thal have the right to provide tha additional casa peeled 15 cloes af to declare this Contract null t and void, eee 3, PURCHASE MONEY MORTOAGES TO SELLERS: Except specifically hiceinafter provided, aay purchase money sows and ineeiiege 10 Selier shall follow « forrm with : terms generally socepted in the ooumy where the proporty a located, A purchase money mortpage shall provide for en anaual proof of payment of taxes and Insurance against toss ° by tlre with extendad covernge in an amount nat loss than the fll Inturable value of the Improvements, Selier soaii be nasiec on the w-torance policy as & Joss payee. A tint mortgage and note shall provide for acceleration, a1 the option of the holder, after (30) days' default, and « junior morgage scali provica for acceleration, af the option of the holder, afler tan (10) days’ defauit. The note ahall provide for a late charge of five percent ($%) of the payment cus if paymect ws reonives dy tha mortgages rmore than 12 (10) days aller the due date and mortgages has not elected 1 acesterate, Junior mortge ges shail require the owmer of the property eccumbersd to neep all prior liens and mnoumbrances in good standing and shall forbid the owner trom acoepting modifications or futurs idvances under any prior monages. Any prepayment anal apply against principle amounts ua maturing. All personal property conveynd will, at tha option of Seller, be subject to tha marigage and evidenced by "Finansing Statermercs.” : C. INSPECTIONS: (Access and oll ulieles for complation of Inspections shall be provided by Seller.) 1 SCOPE OF INSPECTIONS: Buyer shall at his expense, have the right to make the following inspections: {a) ‘Termite: Inspection must be pertormed by A licensed exterminating company, to determine wrether there are aruve termite, fungus (dry-fof) of other wood-destroying organiams on the property or camage from presets or prot lermite or wood-destroying organsmns there is o3 infesta:oc of damage, Geller shall pay the cost i of treatment, repair of replacement of the property which is inforted or damaged. Where no active wood destroving infertauon u obterves, Teatment oF eradication shall not be reywired, at Sellers expense, unless required by the lender, (b) Roof! Inspecticn must be performed by & Hoensed Florida roofer of lionsed Plorida General Contractor to determine thal there 2 po evidence of existing roof leaks or damage (o facia of salt. [Cinspection revwals that repeirs and/or replacementi sre required, costs of same shail be paid by Seer. IP found to be leak free, ao rerootlng will be required, notwithatawing the condition of roefing materials, including, hut not Timited to loase, cracked of slipping %-<8 of cur aningies. All missing Liles or shingles niust Dé foplaced. {e) Other Inspections: Buyer, hia expense, may make such other inspections of the premisies as he cect teasonss.y necesskry- Said inspections ahall bs licensed persoca of companies qualulied to perform the Inspections and give estinites. Any additional inspecticns recommenced by te ection eeeny will bo Peed 1 the Buyer's expense, Ifthe inapections reveal functional defects (a disunguiahed rea sesthatic dofecta), the cott of asm shaii be paid Sy Se.ier. 2 My Personal Property: Seller represents thet all appliances, machinery and oquipment shall be ln working order at date of closing if inspections reveal that repairs o¢ replacements afe necessary, the conls of same ahall be peid by Seller, (0} All Inspections and repaint shall indluda any other strucnures on the property except for fences and sheds. 10} Soller is not required to repair cosmatic conditions (aerthetic defects) unless the coametio condition tesuned from a function colon or repair of a functional defec, “Punetional dafect” means not opersiing in the mannet in which the iter was deaigned to operate and "cosmetia Condition" means sashes imperfections which da pot affect the rocking condition of the bar including, but not Linnie to: tears in items other thin window sctecns of screen enciogurea; WO Set duccioration of floor coverings, wallpapers vid window ieeunanla; discoloration or raining of pool marcita, oat! holes; soretches; dents; scrapes; chips; and eoametic cracus ia on al ing. ti suirton, windows, deiveways, sidewalks, decks, slabs, and floors, Including gerage and patio, ° sa ning, walls Soaring le haute, 2. TIME TOR INSPECTIONS: All inipections, written ceports ‘and estimates shall be completed no later than (17) da: the dace i il to nuke one of mors of the above inspections shall be deemed a waiver of the inxpections not made and any rights cecvon teereuader, of achnisid clowing, Falls of Buyer 3 RESULT OF INSPECTION: (8) Copies of Lnspectior rs z rH a2 ing i i | 0 oon ccremanad Teports and prlimates pertaining to seme, must be provided to all Buyers, Seiters, real estate Eroker, vending institutions, atomeys and Guo (0) ipesion reports mut include monovary value amounts relating to the repairs cited, (¢) Inspections jasit 10 this. iii i bus i A eee aati o ‘Contract aro the responsibility of the patizt, Brokers shall not incur habuity to efiber party mermung from assistance rendared in tho 4. REINSPECTION: If Seller disputes Buyer's inspection reports, Soller shall have the right to have addutionai inspecti T y m1 sapections mide al hia sos which will ba ith a) se ot ei re Neon If Buyers and Seller's inspection reports ¢o not agroe, the parties baall agrts on a third inspector, enone reper At w ee ee cued repaite ing uy artes, Said inspectis dj i 3. Th we he ii i rosin ah upon the partes, Sard inupection(s) shall be completed within 3 days of said agreemenc. The sort of we thn! wasvection aiwil be borne equally by Buyer 5. LIMITATION CLAUSE: Seller shail be responsible for the aggrogate ooste of the shove treatment, res s c paits and replacernast up lo four AMe including the cost of tenant relocation, if necassary, Lf the total cost of matters te: be remedied under Paragrapa Ci awconta See ow nw pany 2 here ent on ef gaying any amount in excess thereof and tha Coatract ball remain in full force and elect, Uf neither party agrees to pay raza exzeu, cum, af Seiler’s or Buyer's option, tht Contract may be cancelled by delivery of writen notice to the other pery. In the event of ruch canceijalion ail deposits mace snail be revsmad to Buyer, ‘whey pst shall be faigved ofall obligalone under tia Contras. Seller may wee a license (nsractor and maria ot Sess signe perform account repai, Providing they aoe the applicable building codes. After repair have been completed, Buyer, at Buysr't expense, may have a reinspecuon ofrepein ™ epeset providing iney enact DOMPLAINT, AMA Bona CPSAPORP smartorms 4o7dest16de 1 Rev. 10/1795 APPRAISAL: VALUATION: ~~ 4a. tha..ovent. tbe appraiaal islets than, Wa Contrat’s purchase price, D. PRE-CLOSLE RADIA amine te eemeene re ere tees cme wo. . . vfoshy. The sole 4 of the "walk through” shall be Limited to identufying changes Ln condition ¢ Pt which have enaen of circumstances which courd Not nave peck: rentlily obset red yo execution of this Contract, The ¢ peing examination ¢xpresely is Ny 4 additional inspe” ~ Any changes condition noted at the “walk theougly’, with the Sxoeption ‘of normal wear and tear, shall be . . rospoanbilty of Seller. iL LEASKS AND TENANCIES: Prior to the execution of the Contract the Seller nhall diclose to the Buyer in writing all oceuparwiee oF Tighss 10 oocupancy, rental, mule, nature, duration and terms (inoluding any special clauses ot covenants) of all cocupancies, Within fifteen (13) days ser execution of Corcrast, aUer shail furnish to Buyer copies of ail writton lonset and Matemenls Zrom each tenant verifying the accuracy of stalements previously furnlabed by Seller. Lf Saller is usable to coisin the foregoing statements fran {enants, he aame information may be provided in a Sellers Afidavit. Lf these is a material disctebancy between statements proviced by Seller end verificaucn received by Buyer, this Contrast at Buyer's option may be oancalled and all depois made shall be tetumed to Buyer, No new occupancies shail De ‘creatid without the written coosant of Buyer, whieh consent shall nol be unreasonably withheld, Seller shall detiver and assign all existing leases, unmodified, to Buyer at closing. FRENTAL SECURITY DEPOSITS: Security deposita if any, 10 he extent they have not been applied by Seller in acoorcsnne wiih she rental agreement and current lew, luli be trancferred to Buyer pursuant to Florida Law, Evidence of Title shail be certified to 3 date mdeequent to the Effective Date of this Consrac, but not mare unan (30) days prior to date of Title shall show in Seller a markatsble title in accordance with current tie mtandards adcpied by ise Florida Bar, subject caly to lisas, ‘ancuinbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before cioung Evidence of Title shail be delivered within ten (10) days afer tha Effective Date of this Constact, or ONsen (13) days prior 12 the eloalng date set forth in Paragraph 6, waiebever sasiier, and if pot, Buyer may delay closing date in otder that Buyer has fifteen (15) days from dato of receiving said title evidence to examine same. If title la found to be defecuve, Buyer anil, within a reasonable period, notify Seller in writing and specify the defects, If sald defects render tie unmurketable, Seller shall have sixty (60) days ora receipt of such notice to oure the dafecta, and euler said period Sallet hall not have cured the dafects, Buyer shall heve the optlon of aocepting ttle as itis, extending the closing cate up to one (1) year of demanding « Talued of all depotila macs hereunder which shall forthwith be returned vo Buyer, end thareupon Buyer and Seller aball be fy.cased af ui cbligations to tach other under this Contract, Seller agreed that he will, title is found to ba unmarketable, use diligent eqTort 10 correct the defects within the time fimit provided. Geller, at Seller's expense, shall deliver to the Buyer, one of the following evidences of title. Buyer shall pay the cost of the title insurance poiley(s) on tha subject propertyt (1) An existing title ineurance policy, qualified as a base for rslaruance of coveraga on said proparty at the purchase price, together with ag abstract continuation from the Etfuctive Date of said policy, or together with a computer printout and name searon ‘of all entries reflecting all documents aZecing the property froru the Effective Date of the polivy. Continuation shall be by Buyer at Sellers expanse not to caveed what normully ad reascoably is charged in the ooowmunity, Seller ana! be obligated to provide at Seller's expense capint of all documents affecting the lille to the property. (2) An abstetct of tile prepared and brought current by n abstract oompany of title agent approved by Buyer, commencing wun the easlivat pouible rmoards (3) A Standard Title Insurance Commitument jsaued by a qualified Utle Insutor or agent approved by Buyer agreeing to Laws to Buyer a Standard Owner's Tile lasuraice Pulioy in the amount of the purchase price, ihe peria stail have the following options: (1) Sellar may agree (0 vel the property at the appraised value, ea a mn 1 ocnteaionenenng (2) Ifthe mortgage loan amount must tbe reduced by the lender, the buyer will deposit the cazh difference to the escrow agent within five (5) banking days efler r+ notifloation of the evaluation and proceed with the purchase al this Contract’s purchase price. In the event that none of the above options je exercised, then Buyer and Seiler agren tos twenty (20) Danking day extension iz order for ie parties fo adempl to obialn a higher valuation of the parties may agree to renegatials the torma end conditions of this Contract, Failing asid subsequent agreement, 4 ‘Contrast sail become null and void with all deposits returned to tha Buyer, whereupon ‘all partis shail be relleved of all obligations under this Contract. ving L DEPAULT: }, DEFAULT BY BUYER: Lf Buyer fails to perform thia Contract within the Use speoifled, an amount equal to the depoanta) mace of agreed to be made by Buyer, ar ten percent (10%) of the purchase price, whichever is greater may be retained or reonvered by of for the account of Seller ax liquidated dumsges, considernuca for the execution of this Contract and full settlement of any claims; whereupon Buyer shall be Telieved of all obligations to the Beller under this Coniract; cr Seiler, at his option, may proceed in equity for speoifle performance of this Contract. Nothing herein contained shall alfect Buyer's obligation to Broker as sat forw: 2 Paraprape. Q 2, DEKAULT BY SCLLCN: If, for any reason other than the failure of Seller to make tills marketable after diligent eZart, Seiler fasta, neglects of refuses to parfoem this Contact, the Buyer may seek upecifie performance ar eleat to receive the resum ‘of tho Buyer's deposi(s) without thereby waving any acusn for damages rewuiting Gom Sellee's drench. Seller's failure to produce marketable ttle or fallure to correct violations of government reguistions shall not affect Selics obligation for Brokers professional foe in full as provided in Paragraph Q. J, CLOSING: : 1. PLACE: Closing shall be held at the office of Buyer's attomey or closing agent, if Joosted within the county in which the pr=perty {a srtusted: if not, then at the office of Sellers atiomey or closing agent. However, if'a portion of the purchase price ja to be derived from institutional financing or refinanciig, the lenasrs requurenients a3 to place, Uma, date and procedures for closing and for disbursement of mortgage proceeds shall control, amything in this Contract to the contrary notwnthatandng 2, DOCUMENTS: Seller shall fumlsh deed ot other Instrument of conveyance, mochanic’s Ten affidavit, bill of sale, assighsment of lasses, purchase money note and mortgage, accurty agreement snd ilnancing statement, and any corrective instrumenua that may be required in connavtion with perfecung ie title, Zach party shail prepare and fumish is own clasing statement. 3, EXPENSES: The cost of providing Evidence ‘of Title covering the period pricr to closing, stale documentary stampa wench age regued to be adTined to the iamrument of conveyance, recording of any purchase money mortgage to Soller, semiement foe charged by closing agent for settlersent sermicen on tural ef Seller, and ine cost of recording any corrective documents shall be paid by Seller, Documentary ntampo ‘and intangible lax on the note or notes secured by the purchase mumey OgAge, Rod the cost of reourding the decd and any financing riatementa ahall be paid by Buyer. Seller shall pay any prepayment penalties incurred or chargad in saeving meeing mortgages. 4. PRORATIONS: Any refaronces in thie Contract to prorations shall be a8 of the cate of closing unlew oesupancy ooours pres to slesie gs wnich case prorations shall ba as of _ the dute of oscupancy, unicas otherwise provided: (a) Provation of Taxes (Real ‘And Peridndi): Taxes shall be prorated on the current years tax without regard to discount if closing occurs on « date when the ourrent yess's milluge is not fixed, and the current year’s assesment ie available, Laxex wiil be pirated based upon such asscaament ‘and the prof your's r:.iage. Lf the current year’s asscsument in not available, taxes will bo prorated on the prior year tax without regard to discount, If there are completed improvements by Jarsary Ist of the year of cloning, which iimproverenia Were not in existence on January Int of the prior year, taxes will be prorated based pod the | 01 years mage and a2 equilable csumated atsessmonl of the property, as improved. Any tex proration based upon any ovuimata thail be subsequently readjusted upon receipt uf the tax ds... (6) Protation of trurunce: Buyer shall have the option of taking over any odaling polloles of insurance on the property, if assumrizdie. in which event premium shall be procaled. (x) Othet Prorutions. itent, Assuciation Dues, Condo Dues, interest, appliance service contracts if Buyer tequewi Urarsier}, any cls87 7 sta oe es (if Buyer teq nsier}, any clrat expenses and revenuet of the property K. AFFIDAVITS: Seller lull furnish (o Buyer at time of closing an aidavit antesting to the sbecnee of any claims of lien or potentini i Sell i she : Y 2 “ . th been improved within snety (90) gaya pric {o closing, Galler shail doliver to Buyer an allidavit setting forth names and adcreases Mra Gonwenore subConuriciey option and inalorialmen and stating that all bills for work on subject property have beer paid. Buyer may require rajcases of all povectial Hews. Sei i aloo fumiah a “Cap* i nu any other affidavits wnich may reasonably be required by tha clouing agent vies povecal Here. Selier shall avg a °Cape aida ONVEVANGR AND TRANSFER: Seller shall convoy real property to Eluryer by Statutory Warranty Deed (unless stung in ject to: [hr year of closing and subsequent yours; (2) 2onung and/or reericuans and prehibisions pos by tore mosis sutharity, 3 ie ie mane en A pares plat and/or common to ‘the subdivision; (4) utility easements of record, provided anid sancrents 60 not reasonably interfere with tas inerced use of the aod SS) oder rrntara apecified la this Contract, including mortgages 10 be assumad by Buyer ard Purchase Monay Mortgages if any. Al: revorter provisions and verve wall me ‘sad of record at Sellers axperise unices extinguished by the Marketable Record Title Act or urdess the right of re-entry or the reservation has been released dy olher satul wher or by the nate of Floriés. Personal property shall be transferred by Bill of Sale Absolute, subject only to such liana a8 agreed 20 by the paruet, ” tary winery M. OCCUPANCY AND POSSESSION: Suller agrecs to celiver possession, and ail keys for locks and alarms fan % ; Y YY, UpSA cloainy: ant funding and rer collar persons in occupancy, unless expresaly agreed to by the parles, If tho property ts rental property, Seller thall provide ta ‘afore c caguined by Heisainaiyeanenrarie ones SISTRAT INE GOMP LAINT. Rev. 10/1795 CRSAPORP — smartorms 407-496-1100 NMIBCELL = “tunt h SURVEY, JJ may have the propurty surveyed at b+ expense. Uf the survey, certiled ee ate Florida survevor, shows any encroachanses on the property Of Und improvements intendad to be located ox the property do, i: encroach on Iands of cthera of viol ‘other Contractc tata, the same shail be treated as a title dofeot. 9, HPECIAL ASSESSMONT LIENG:Cortfed apocial assaémird leas as of the data of cloving aro 10 be paid by Seiler, Pending ens as of the date of closing shall de seumed by Huyet, Where the improvement hua been substantially completed 2s of the Effoutive Date of this Contract, auch pending. Tens shall ba conudered as vertuled, and Seller anal, at closing, be charged an umount equal to tho Jest ‘entimata of the public body of the assesament of the Improvement, 43. (4) USK OF LOBS: Ifthe Improvements are damaged by fire or oCier oemualty péior to eloring, and the co of rextoring tha suune doo not exceed five peroery (3%) of the salea | price, the cust of rustoration shall ba an obligation of Setter end closing shall procead pursuant to the terras ‘of this Contract wilh the cos! tarot being ascrowed at closing. Une cout af repair of restoration exoeeds five percent (5%) of the salea price, Buyer shall have the option of taking the property “as 1s,” togetier vath any insurance procesds by virtue of suid lose of damnage, of canceling this Contract and ali deposits will be retumed fortkwith to Buyer and the parties released of ery further !: ity bereuncer. (b) CONDEMNATION: In the erent an onder of taking has becn iasued by any governmental authority, Buyer shall have the opticn to cancel sonsnct of require Seller to convey any temaining portion of the property, Should the Buyer not elect to cancel the Contract, then the Buyer shall have the Aichi ta particpate io negoulatlons with govemnmint and this Contract ahail remain in full force and offoct, 4, INORESS AND ZORESS: Beller warranta thet thare are ingress and egress to the property over public or private sonds or easenients suficiens for ue intended ute thereof, and thin warranty shall survive the cloaing, $. MAINTENANCE: Between tha Effective Date of this Contract and the closing «lata, all personal property included in the treasaction and the reai property, including lawn, Sheubbery and pool, if any, shall be maintained by Soller in the condition existing an of the Effective Date of this Coatract, ordinary wear and lear excepted 6. INTERZST: No interwst shall be paid to the Sellers of Buyers on deposits, or on mortgage procecds of cloting procesds nol cibured to Seller at closing. 7. AFTORNEY'S FEES AND COSTS: la any Ihtigation (including all appeals) arising out of thls Contract involving Seller and Buyer or Broker or Eacrow Agent, the prevailing party shail be entited to recover all oons incurred, including reatonable attomay's fore, 2, PERSONS BOUND: This Contract shall bind and inure to the benefit of the puuties hereto, their helra, suocessory and assignt. Whenever the context permite, singular aball include plural and gender slall include all, 9, ADDENDA AND EXHIBITS: The fern "Contract" shall include all Addenda and Exhibits atiaohd or incorporated by reference. 10. NOTICE AND TIME: Notse given by ar to the Atarmay for either party shall be effective a If given by or to said party. Any reference to time periods shall in the compittation thereof, exolude Saturdays, Sundays and legal holidays, and any timo petiod which shall end on a Saturday, Sunday of legid boliday snail extend to 5:00 o'clock P.M ‘on the nexd full business day. . 11. CONTRACT NOT RECORDALLE: Neither this Contract nor any notice thitnof shall be recorded in the public records, 12, PROPERTY CONDITIONS DISCLOSURE: Seller warrante that there are na facts known to Seller matenlly affceting the value of tha subject reni property which are nol readily obwervable by Guyer and/or ‘which have not been disclosed to Buyer, 13, FIRPRA: All panos are edviaad that tha LR-B. Codd reguirea the Buyer to withivold tan percent (10%) of the sales price for tax on naiea by.certasa foreigners, The tax will by withheld unleas affidavits of compliance with the I.R.8 Code of an ERS. qualifying statement are provided to Buyer at closing. 14, PLORIDA REAL ESTATE COMMISSION: Notwithnunding anything berein vontained, the Seller and Buyer agree that any Reel Ex:ate Broker polding any deposit(s) under the tema of this Contract, may rely upon an Escrow Disbursemeni Order of similar direction from the Florida Real Evtate Commission end shall be saved harmlcas by tha parties from any liability arising from the dinribution made purmant to such order or clirection providing, however, all parties shall sirieuly comply wrth the nutes of the Florida Real Batate Commission. 18, ‘THIRD PARTY BENEFICIARIES: The Buyer and Baller ach acknowledge that tha Listing Broker and the Cooperating Broker are Third Party Beneficiarios of this Contract. Notwithstanding privity of the absence of sare, ‘sald Brokers have an interest in the performance of this Contract. Accordingly, the parties agree tbat thia Contract sbali : not be changed of modified in any way which would affect the Brokers rights without the consent of said Brokers. Further, in the evect af breach by sither Buyer or Seller, thea thy Cooperating Broker, Listing Broker, ot both may bring an action against the breaching party for the amount of the professlocal service foe said Srokar of Brokers would have recelved had the breaching party not breached. Ln the event of any such litigation, this Contract and the Lisung Agreement, ifany, ansd contrei. 'n the eveat of conflict, this Contract shall prevail over the Lining Agrecmert. ‘Th prevailing party in any ouch action shall be entitled to anomeys foes and costs. 16. GOVERNMENTAL AND RELATED MATTERS: Seller warrants and representa that tho property in its present condition is not in viclaion with all governmental regulations affecting the property. All Improvementa to the property have been pcoperly permitted. The proparty ls not in violation with ail governmental codes affecting the property. ‘There la no condition of the property whieh violates sats, local or federal ‘environmental regulations. To the extent that any aspect of the property is in violation with ail Sugh governmental regulations, then Buyer ahalt give writen notice to Beller and feller shall have sixty (60) days to remedy tha defect. if afar ths expiration of the said sixty (60) day period Seller has been unable to remedy said defects, Buyer may cancel tka contract, whereupon bis deposit shall be refunded. Ln the alternanye, Buyer may scoep the property in its present condition, Sellar shall make a due diligent, good faith effart to bring the property into coruplance with all govemmental reguiauions. Notwithatendlog the foregolng, In no event ahall Seller be required to expend nore than five percent (3%) of the purchase price to so bring tha property iso compiiaoce. Sellars warrantisa herein contained shall not survive the cloelng af this transaction. 19. FAX AND COUNTERPARTS: A signature trinsmuned by teletex shall be deemed to have the same «ect aa an original algruture. Thit agreensent may be executed in counterparts. 18, EPPECTIVE DATE: The Bifective Date ahall be sha last date of execution by Buyrr of Seller, Ail Uma periods shall be galoulmies commence Duta unless apooifled hersin. 0. FINAL ACREBMEN Tio modification of change in thia Contract shail be binding unleas in writing and executed by the parton, Where in comics, typewritten provisions shall > supersede printed provisions and handwritten provisions shall superseda typewrinen and/or printed provisions. ° P. SPECIAL CLAUSES: ne day after the Eftecuve Q. BROKER'S COMPENSATION: (che [J] sta writen Lining Conurct is eurertly in effe, Seler gre Lo pay ha Beckers named below a profemionalsrvse fee accorang to ne rms of te Listing Contac. Oo If no written Listing Contract is ourrently in effect, Seller shall pry tre Broker(s) named below a professional service fea of LL LS of the purchase pri of S_ at the time of closing. If the Wansaction doaw not clots because of refusal of failure of Buyer to perfonn, Buyer shall Broker(s) professional service fee in Aull ui; releasing the Seller from aaid obligation, In such even, fifty percent of Buyer tapes) Grudse! igeed tobe mada) shall be paid to aces ed shall be pave) pistes Tuyera Hability for the total professional service fee, The balance of Buyer's doponit(s) shall firt be applied toward Broker’ attornays fees. and cocs arising from Buyer's breach, then to other expenses incurrod by Broker(s) on Seller's behalf, and the balance paid, if any, to the Seller. Nothing ja Paragraph ahaii preciuce Seller from asserting Seller's Aight spring ore 2a prowl for in Paragraph 1, relating to defaut, Lf Seller defaults or if there in a recision, ut Brokers’ consent, Seiler shai pay Brokers’ professional service foe in . Date Seller Dats Sse 7 @ Date y) Seller Dato ‘Tuyo ost 06 3- Ye [Ose _. ssw VE £0 MP LAINT™ Name and Phone Nemoer cr Smantorms 407-405-1100 CESAPORP Rev, 10/17/95 3 [e) ¢ F FHA or VA RIDER . TO CONTRACT FOR-SALE AND PURCHASE OF REAL PROPERTY Wee Sk prufyprag? (RS . 2A _[2VO, A ) IA or VA. Rider is being oxegutod simullaneouly with und repteronts «part of the Cosirst for Saix and Purchase of Real Property ted 2/2217 ‘ef Loyal Description and/ or Addrews: _& foe | Deck $ on & va Has LY 4/08 PP - __ ern Lio: tYERS NATIFICATION, Except ax expressly modifled by this rider, the Contract Is ratified in its entirety. In the event af conflict between the provisions of tha Contract, or any other ‘er to the Contract, and thie rider, the provisions contained In this FHA or VA Rider shall prevasl, ‘Wharover reference u made to FHA of VA, then the appropriate «gency shall ny. MORTGAGE” CONTINGENCY. The Contract ls contingent upon Buyer qualltying for (check one): an FHA insured mortgage loan in the amount of 3 Jurance Premum, a VA mortgage loan in the amount of $ (plus VA Fusing Pee, if finnvied) years, at the preveiling interest rave st the time of closing. Buyer sgrece to diligently pursue said moctgage al (a4 applicable) te not obtalned with days from the effocuve data of the Contract (sity erty er his agent, Buyer's depoeit shall bo the Contract by delivery of written houce to the other pt (or muxioruc allowable mertgage, Uf biank cot filled in) plus Mongage | | DISCOUNT POINTS. Unless otherwise agreed to ia writing, Beller agrees 19 pay a discount cn the mortgage Joan not to exceed “che total mortgage ammount. In the event discount polnis are bigher, Buyer agrees to pay the difference. EVIDENCE OP TITLE. Tho Soller shall, within five (5) banking days after Buyer notifies Seller of Suyors approval fr m mortgage loan, order fbr uyet updaiad ttle information in accordance with Peregreph A of the Contract CLOSING DATE. If the evidence of title shall meet the requirements specified In the Contract, closing shad be no ister then fifteen (15) basking ays from the date of delivery of the FHA or VA approval. CONDOMINIUMS. IP THIS RIDER RELATES TOA CONDOMINIUM UNIT, THE REQUIRED. CONDOMINIUM RIDER MUST BE ATTACED. UAMENDATORY CLAUSE, tb exprewaly agreed trot notwithnanding say other provisions of the Contract, the purchaser wuld not be obligated + complete the purchase of tha properly described herein or to incur any penalty by forfeiture of carnest money deposits or otherwise unless et urchaser has been given in sscordance with HUD/FHA of VA requiremems a written matenet vy the Federal Housing Commissioner, Veterans aminisvation, or « Direct Endorsement jender setting forth the appraived valus of the propety of som less than 5 . The Grchaser ahalt have the peivilege and option of procecding with ‘consummation of the Contract without regard to the amount of the sppraised valuation, The appraised ulwation iv arrived at to determine the maximum mortgage tha Department of Housing. ‘and Urbea Devilopmant will insure, HUD does not warrant the vulue nor the condition of sepvoperty, ‘The purchaser should salify hlmseWherseif that the prise and condition ofthe property wre acceptable, | APPRAISAL FEEL” Unlets otherwise agreed to in writing, Buysr shall pay the appraisal fea. APPRAISAL VALUATION, tn the event the FHA or VA appraisal le tess than che Contract catchasa once, the parties shall Kave the following dptions: ° (e.) Sellor muy agree to sell the property at the appraised valua aa stated by FHA or VA. (b.) If thalmortgage loan amovit must be reduced by the lender, the Buyer will dopasit tbe cash difference to the eacrow agact with in five (5) banking days after receiving notification of the valuation end proceed with the purchase at the Cordract price. sind ant hat none of thw nbove optlond ls exercised, then Buyer and Selle many agen 18 w twinty (20) basking cay exteraion in orca {st parties to attempt to obtaln & -igher valuation or the parties may agree to renegotiate the terms and conditions of the Contract, Paillng sald subsequent agreemers, the Correct shall becomes null and void with oo oclisen aaa returned to he Buyer, Whereupon all parti aall be reieved of al obligations under the Certact i “INSPECTIONS. Al inspections required by FHA of VA shal be puld by th Salle to an inepretor chosen by tha Buyer and corapleted ne ator than ten (10) banking days ‘OL INSPECTIONS, Ay motaaun to paragraph E ofthe Contract Both Buyer and Saller agree 10 comply wit FHA ar VA reguliiocs and conditions, and if PHA or VA 1 so es an tepair to bo mada tothe propety prior to closing, hm such repair anell be roads #9 as {0 ee the requiresrus ef FHAcr VA 11. MORTGAGE CLOSING COSTS. Prepayinerta, including but not limited to prepaid interest, FAA Mortgsge Insurance Premium, VA Punding Foo, sscrows for taxes and. ‘aquired Insurance shalt be paid by Buyor at the time of closing, The onetime FHA Mortgage Insursnioe Premium or VA Punding Foe may be finaoced In the mortgage or paid in. by the Buyer. Buyer ahell pay all mortgage olasing oorts, «xcept those which VA or FHA declare cannot be paid by Buyee, wrich oosts shall be paid by tha Sailer. FHA or 1 \ VA rules and reguiations in effect at the time of closing ahall govern the allocation of coma ard any other aspect, of tha transaction. | 12. REAL RSTATE CERTIFICATION: Wa, the Soller(s), Borrower(s) and Ros! Estate Drokeris), involved in ths Joan warsecuen oetcy thal the terms of tha sales Contract rr iL 1 tract tg beet of our boliaf and thal any other agreement ersered into by any of the parties in conection with the wraraaction u part of, or amiached to, Ue sales agreement, RATIVE COMPLAINT . a —oO / . ee oe yaaa rw! 7D etsy Date ( ” Ehwauiahchty Ja fof? _ Suyer ato Buyer Date 5 6-7 nels (abeva> Cy Sebing Agent or Broker Dat ft ° Revived 1/93 LAS BEEN APPROVED BY THE HOLLYWOOD AREA BOARD OF REALTORS INC, /\Ni SmartForms 607-495 1100 ERA® HOMELAND REALTY CORP. “WHERE THE AMERICAN DREAM BEGINS" SELLER FULL DISCLOSURE ADDENDUM TO REAL ESTATE PURCHASE CONTRACT DATE; 1: Seller makes no warranty to purchaser, either express or implied, of any nature or kind, including, without limitation, peaceable possassion, not even for the return of all or part of the purchase price provided, however, that this sale is made with subrogation of purchaser to any rights of warranty seller may have against preceding owners. _ Tt is expressly understood that the property is sold “as is", without any warranty to purchaser, either express or implied as to (1) the zoning of the property (ii) the condition of the property, or (iii) the property’s freedom from vicea or _defects, or (iv) the property/s fitness for any particular use, or purpose. 2: This is to give you notice that Era Homeland Realty and new &W Property and Northeastern Properties Inc. has a business relationship;with Hollywood Mortgage Corporation describe the nature of the relationship between the referring party and the provider, ine@luding ownership and financial interests: 100% stock holder. You are not required to use Hollywood Mortgage Service as 4 condition for settlement of your loan on or purchase or sale of the subject property. You may be able to get these services at a lower rate by shopping with other settlement service providers. 3: Seller.is a licansed mostgagebroker. (far osrrre D2 RLAUP GF 17 Pere 4: The closing shall be, held at office of geller’s designated closing agent _ Lb osesens Arua Lapa : ‘ 5: Seller pays full loan discount points & part of closing cost only 4£ buyer obtains the mortgage thru Hollywood Nortcgage Corporation. Purchaser shall have no right against seller for damages, rescission of the sale, or reduction of the purchase price because of the zoning of the property or the physical condition or the fitness of the property ox any vice or dafest therein {unless caid vice or defect is actually known to seller at the time of this sale and has not been disclosed by seller to the purchaser) any such right or claim being hereby expressly waived by purchaser. Purchaser hereby agrees to the foregoing exclusions and waiver of warranties and acknowledges that the and waiver of warrantles have been Drought attention by sellex. SELLER DATE "BUYER DATE PRATIVE COMPLAINT. 6051 MIRAMAR PARKWAY, SIMIRAKAAL = 1954) 983-1535 * (800) 374-3693 ‘ tech od inppvseyg oes a sued f\ 7 | | | | | | hOTICE VIOLATION ADORESS G/2 / Tack son GY Permit yy Permit Holder Number ENGI- ELEC. =m AIC PLUMB- uc- : Oweerne Crricar Omech Cine Tura CJ zoninc 921-3251 921-3335 921-3335 921-3335 921-3335 921-3335 VIOLATION 5h, / 30 T-- work listed below was done ° ‘aut permit. Obtain the required vermit(s) and inspection(s). Building division 2600 Hollywood Blvd. . | | ely ickinea LA ps | | ae vin AR wk g Yous! ¢ imoow CED acemoA). O STOP WORK! CALL 921-3335 FOR INFORMATION Comes VIOLATION Fentasiendsnon” 27 7/ REINSPECTION FEE REQUIRED PRIOR TO REINSPECTION CALL 921-3335 CITY OF HOLL BZD, FLOBIDA DATE_! | I, 28 BOP Ny Be INSPECTOR ide and numer: "7-37 (Rev 03/87) ADMINISTRATIV COMPLAINT. EXHIBIT FL pase ——L— OF kp May-04-99 08:42 “Memorial Sr Services P.o3 Wd 98-151417 Teaes 0 oe pan @3-15-98 a7:28am | WIC TRI - COUNTY for:— $ 56a. aa Lawyers Advantage Title Grp - %21 re. Broward Bld #10. | DOCU. STAMPS-DEED Plaatation, EL sae ZEGDEI |Petes ‘This instrument Praoarad by and Return to: JAY C. ANDERSON, ESQ. LAWYERS ADVANTAGE TITLE GROUP, INC. COUNTY ADMIN, S211 West Broward Bivd.. S-110 lantation. FL 33324 ores PROPERTY APPRAISERS PARCEL IDENTIFICATION (Feo) NUMBERS: 1113-21.0050 Grantese SS es: 169505668 ang caseet035 RECVD. BROWARD CNTY SPACE ABOVE THIS UNE FOR RECORDING DATA nee THIS WARRANTY DEED, =ace tne 20th day ot February, A.D. 1998 by New Southwest Properties, Inc., a Florida corporation nerain cated the grantor, whose post office address is 6051 Miramar Parkway, Miramar, FL 33023, to Carlos A. Pratts and Sonia Pratts, husband and wife wnose post office address is 6121 Jackson Street, Hollywood, FL 33024, neramater catied the Grantees: (Wherever used herem ire terme “gtamom ara “grantee” inciuae at che partlog 10 thia imeteument ard the hi eve. legal representatives ang ase.gre af individuals, and the succesgore arc ace'gns of corparauons) WITNESSETH: ne..grantor, for. and in..consideration-of-the-sum-ot TEN “AND O0/100'S ($10:001- “Dollars and other vakuable considerations, recaiot wherect is hereby acknowledged, neraby grants, bargams, sels, aliens, remises, releases, conveys and contrms unto the grantee all that certain land situate in Broward County, State ot Florida. vi Lot 5, Block 1, CRESTHAYEN NO. 2, according to the Plat thereof, as recorded in Plat Book 34, Page 49, in the Public Records of Broward County, Florida. TOGETHER, wit ail the tenements. nereditaments and @ppurtenances thereto belongmg or in anywise appertaning. Ss nm TO HAVE AND TO HOLD, the same in tea simpie forever. = ao AND, the grantor hereby covenants wan said grantees that the grantor is/are lawfully seized of said land in fee simpie; that tne oa gramtor has good right and lawful authonty to sell and convey said land, and hereby warrants tho title to said tnd and will defend wo the same against the lawul claims of a: cersons wnomsoever, and that said ‘and is free of all encumbrances, except taxes accruing oe subsequent to December 31, 1997. @Q - IN WITNESS WHEREOF, the sai grantor nas signea and sealed these presents the day and year first above writen. oS weet fom] Signed, sealed and dalivered in the oresence of: New Southwest Properties. inc., a Florida fn >) Printed Name = - C eB ‘ LLC. Ved Signatu ee ? . . NDbate OC: Prizvela- Printed Name oo, STATE OF FLORIDA CK COUNTY OF Broward The foregoing instrument was acxncwiedged vefore me this 20th day of February, 1998 by Joe Kuruvilla. of New Southwest Properties. Inc., a Florida Corporaticn on behalf of "2 corporation. He/she ss Cersonalty known to me er nas producea “ 2 i 28 Gennication. — SEAL L@ Notary Signature . Doar QC: Atizvedt 4. on Printed Notary Signature i i ao My Commission MARIE D.C.BRIZUELA = +” tee “ FS COMMISSION # CC 702202 Vic oo P E@PRES DEC 15, 2001 : ese BONDED Pati a 519 97781 E l OF RS ATANTIC BONDING CO. INC 2 Z “Ve —_— OSArD 33 2 27 Po fm yu ¥ CITY OF HOLLYWOOD, FLORIDA CODE ENFORCEMENT DIVISION P.O.BOX 229045 ZIP 33022-9045 DATE: 01/21/99 LEGAL DESCRIPTION: 6121 JACKSON ST CRESTHAVEN NO. 2 Lor § BLOCK 1 PILE #: 98-09856 CARLOS A. & SONIA PRATTS 6121 JACKSON ST HOLLYWOOD, FL 33024 _A Notice, of Violation was. either posted.or hand-delivered at the above ~ referenced property informing you that you are are in violation of the following Ordinance: CODE SECTION VIOLATED: ..151.130 & 151.131 PERMITS REQUIRED FOR BUSINESS OR CONSTRUCTION (COMMERCIAL OR PRIVATE). ACTION REQUIRED: OBTAIN THE NECESSARY PERMIT You are hereby advised that you have not complied with the notice that was either posted or hand-delivered to you. Continued non-compliance may result in your being required to appear before the Special Master. The Special Master is empowered to rule on outstanding violations and may assess fines of up to $250.00 per day for each day the violation continues after the Special Master ruling takes effect. Pursuant to 162.¢9, Florida Statutes, repeat violations may result in the assessment of a fine of $500.00 per day for each and every day that the violation is found to exist. If the violation has already been corrected or if you wisn to discuss this further, you may call the number listed below between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. MARCO CERITELLI/R © VON HOFEN INSPECTOR Telephone No. (954) 921-3061 IT IS THE RESPONSIBILITY OF THE PROPERTY OWNER TO NOTIFY . THE CODE ENFORCEMENT DIVISION WHEN THE PROPERTY IS IN ADMINISTRATIVE COMPLAINT COMPLIANCE SO THAT A REINSPECTION CAN BE SCHEDULED. uu EXHIBIT = Ae, PAGE L oF sf — WJ wood od SPECIAL MASTER CITY OF HOLLYWOCD, ERGWARD COUNTY, FLORIDA P 0 BOX 229045 HOLLYWOOD, FL 33022-9045 CASE#: CEB98-09855 FINAL ORDER VIOLATION OF SECTION: 151.130 City of Hollywood Code of Ordinances. PROPERTY OWNER: CARLOS A. PRATTS. "6121 JACKSON ST HOLLYWOOD, FL 33024 PROPERTY ADDRESS: 6121 JACKSON ST LEGAL DESCRIPTION: CRESTHAVEN NO 2 34-49 B LOT 5 BLK 1 THIS CAUSE came before the Special Master on the 19TH day of January 4999. The evidence leads to the following findings of fact: That CARLOS A. PRATTS, is/are the owner(s) of the property located at 6121 JACKSON ST, Hollywood, Florida and did violate City of Hollywood Code Section 151.130 BY FAILING TO OBTAIN PERMIT FOR ADDITION TO PROPERTY AND WINDOW REPLACEMENT.. Based upon the foregoing Findings of Fact, the Special Master conciudes a violation of Section 151.130 of the Code of Ordinances of the City of Hollywood exists. Itis hereby ordered as follows: That CARLOS A. PRATTS. owner(s), is/are hereby ordered to OBTAIN PERMIT FOR ADDITION TO PROPERTY AND WINDOW REPLACEMENT within THIRTY (30) days or a fine will be imposed in the amount of $200.00 per day for every day after FEBRUARY 19, 1999. that the violation continues to exist. x wetter NiISTRATIVE \ t BIT + U v) Pursuant to Sec.# 162.09 Florida Statutes. if the property owner(s) fail(s) to comply within the time specified, the Special Master shail issue an order imposing a fine. A certified copy of said order shall be recorded in the Public Records of Broward County, ’ and once recorded, shail constitute a jien against the property upon which the violation exists, and upon any real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but it shail not be deemed to be a court judgment except for enforcement purposes. Sec. #162.09 Florida Statutes, provides that repeat violations can result in the assessment of a fine of up to $500.00 per day for each time the violation is repeated. IT IS THE PROPERTY OWNER’S RESPONSIBILITY TO CONTACT THIS OFFICE AT (954)921-3045 OR (954)924-3061-TO ADVISE WHEN COMPLIANCE HAS.BEEN . REACHED. Done and ordered this_2%~4 day of January, 1999. “Conner, Esq. ECIAL MASTER Attest. Gail AZueta, Special Master PESTRATIVE OMPLAINT m Q 2 or >

Docket for Case No: 00-002105

Issue Date	Proceedings
Dec. 06, 2000	Order Closing File issued. CASE CLOSED.
Dec. 05, 2000	Joint Motion to Relinquish Jurisdiction (filed via facsimile).
Oct. 03, 2000	Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by December 4, 2000).
Sep. 29, 2000	Motion to Continue and Reschedule Hearing (filed by Petitioner via facsimile).
Sep. 01, 2000	Notice of Substitution of Counsel (filed by N. Campigilia via facsimile).
Jun. 29, 2000	Order of Pre-hearing Instructions sent out.
Jun. 29, 2000	Notice of Hearing by Video Teleconference sent out. (video hearing set for October 13, 2000; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL)
Jun. 16, 2000	Notice of Substitution of Counsel (filed by G. Coaxum via facsimile) filed.
Jun. 07, 2000	Joint Response to Initial Order (Petitioner filed via facsimile) filed.
Jun. 05, 2000	Joint Response to Initial Order (Petitioner filed via facsimile) filed.
May 25, 2000	Initial Order issued.
May 19, 2000	Election of Rights filed.
May 19, 2000	Administrative Complaint filed.
May 19, 2000	Agency Referral Letter filed.