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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs TERESA B. PIERSON, 02-004372PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-004372PL Visitors: 24
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: TERESA B. PIERSON
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Nov. 12, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 9, 2003.

Latest Update: Dec. 24, 2024
i wt} Hy 02 Moy 12 _ STATE OF FLORIDA Pit 2: 1g DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION": ae FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE, OD--YA7TD-PL Petitioner, vs. FDBPR Case N° 200085008 TERESA B. PIERSON, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Teresa B. Pierson (“Respondent”) 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, in particular Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, 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 0162341 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an active broker at Esslinger Wooten Maxwell, Inc., 1360 S Dixie Hwy., Miami, Florida 33146. FDBPR vs Teresa 8. Pierson FDBPR Case N° 200085008 Administrative Complaint ALLEGATIONS RELATING TO PROPERTY COMMONLY KNOWN AS 7360 SW 121* STREET PINECREST, FLORIDA 33156 4. Petitioner realleges and incorporates herein the allegations contained in paragraphs one through three above. 5. On or about May 28, 1998, Respondent facilitated a Residential Sale and Purchase Contract between Jerry Ciocon and Daisy G. Ciocon (Sellers) for Juan Machado (Buyer), for property commonly known as 7360 SW 121* Street, Pinecrest, Florida 33156 (Subject Property 1). A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. Luis Lorie (Lorie) acted as Attorney In Fact for Buyer in this transaction. 7. Lorie presented Respondent with a document representing a Limited Power of Attorney allegedly signed Buyers and dated May 21, 1998. A copy of the power of attorney is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 8. The document representing the Limited Power of Attomey indicated that Buyer lived in Caracas, Venezuela, and that Stuart Henderson notarized the document. ao 9. Ina letter dated January 25, 2001, Respondent stated that she had never met or talked to the Buyer. A copy of the letter is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 10. On or about August 5, 1998, Respondent facilitated an Exclusive Right to Lease Contract (Right to Lease) of Subject Property 1 between a subsequent owner, Omar Hernandez (Owner 1), 2 FDBPR vs Teresa B. Pierson FDBPR Case N° 200085008 Administrative Complaint and Respondent’s employer Esslinger Wooton Maxwell, Inc. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 11. Lorie presented Respondent with a document representing a Limited Power of Attomey allegedly signed by Owner | and dated August 13, 1998, after the Right to Lease was executed. A copy of the document is attached hereto and incorporated herein as Administrative Complaint Exhibit 5. 12. The document representing the Limited Power of Attorney indicated that Owner 1 lived in Miami, Florida, and that Stuart Henderson notarized the document. 13. Lorie acted as Attorney In Fact for Owner | in this transaction. 14. In Respondent’s letter of January 25, 2001, she stated that the Right to Lease was originally prepared in Buyer’s name, but that Lorie changed the Right to Lease to reflect that Owner 1 was owner of the property. 15. Pursuant to an official investigation, Respondent admitted that she allowed Lorie to fill in the owner portion of the Right to Lease. - 16. Pursuant to an official investigation, Respondent admitted that she did not verify that Owner 1 was record owner of Subject Property 1 prior to facilitating the Right to Lease. 17. Respondent began listing Subject Property 1 on August 5, 1998, pursuant to the Right to Lease. 18. Respondent failed to obtain any authorization on behalf of the Owner 1 prior to FDBPR vs Teresa B. Pierson FDBPR Case N° 200085008 Administrative Complaint facilitating the Right to Lease or listing Subject Property 1. COUNT I Based upon the foregoing, Respondent is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. ALLEGATIONS RELATING TO PROPERTY COMMONLY KNOWN AS 7540 SW 93% PLACE, MIAMI, FLORIDA 33173 19. Petitioner realleges and incorporates paragraphs one through three above. 20. On or about April 14, 1998, Respondent facilitated an Exclusive Right to Lease Contract (Right to Lease) of the property commonly known as 7450 SW 93" Place, Miami, Florida 33173 (Subject Property 2) between an alleged owner Miguel A. Marquez (Owner 2) and Respondent’s employer, Eslinger Wooton Maxwell, Inc. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 6. . 21. Owner 2 allegedly signed the Right to Lease. 22. With the Right to Lease, Respondent received a document representing a Limited Power of Attorney, also dated April 14, 1998, that authorized Lorie to act on behalf of Owner 2. A copy of the power of attorney is attached hereto and incorporated herein as Administrative Complaint Exhibit 7. 23. Pursuant to an official investigation, Respondent admitted that she allowed Lorie to fill in the owner portion of the Right to Lease to indicate that Owner 2 was owner of the property. 24. Lorrie fraudulently indicated or misrepresented that Owner 2 was owner of the property. 4 FDBPR vs Teresa 8. Pierson FDBPR Case N° 200085008 Administrative Complaint 25. The document representing the Limited Power of Attorney indicated that Owner 2 lived in San Juan, Puerto Rico, and that Stuart Henderson notarized the document. 26. On or about May 28, 1998, Respondent facilitated a Residential Lease for Single Family Home and Duplex between Owner 2 and Julio Galleti and Gini Mary Galleti (Tenants) for rental of Subject Property 2. A copy of the lease is attached hereto and incorporated herein as Administrative Complaint Exhibit 8. 27. To date, Owner 2 has never been the owner of record for Subject Property 2. 28. Pursuant to an official investigation, Respondent admitted that she did not verify that Owner 2 was the owner of record prior to facilitating the lease. 29. Respondent, on behalf of Eslinger Wooton Maxwell, Inc., acted as a transaction broker in the transaction between Owner 2 and Tenants. COUNT 0 Based upon the foregoing, Respondent is guilty of culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT III Based upon the foregoing, Respondent is guilty of assisting another person to engage in 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 Section 475.25(1)(b), Florida Statutes. FDBPR vs Teresa 8. Pierson FDBPR Case N° 200085008 Administrative Complaint COUNT IV Based upon the foregoing, Respondent is guilty of failing to provide duty of diligence, skill and care in violation of Section 475.278, Florida Statutes and therefore, in violation of Section 475.25(1)(e), Florida Statutes. 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 of the Florida Statutes, 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 Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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 FDBPR vs Teresa B. Pierson Administrative Complaint FDBPR Case N° 200085008 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 Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. SIGNED this e day of (Cues a4 , 2002. Oepar tment 6 Division of FILED For P est jonay stan Sulation — ‘i _ p90 Department of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Stacy N. Robinson Pierce . ~ Florida Bar N° 0182796 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX TED O2NOY 12 PH a: 48 “2 \RDBPR Gage N° 200085008 FST RATIV EARIGS FDBPR vs Teresa B. Pierson Administrative Complaint > NON SRP/ip “0 PCP: MP/LJ 7/02 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes 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, Florida Statutes; 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) 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. Residential Sale and Purchase Contract FLORIDA ASSOCIATION OF REALTORS® 4° 4. SALE AND PURCHASE: oe CERRY_CIOCON AND_DA rc a we ("Seller") 2° and _ - JUAN MACHADO BY LUIS LORIE HIS_ATTORNEY 2b . . “_ Buyer") 3 agree to sell and buy on tne terms and canditions specified below the prope: at Address: _ 2360 SW_12} STREET PIN —— - 5° vee _. _ . Z _ een DADE 6° Legal Cescription: HALLMARK_HGTS. ESTS ADDN_NO 7 LOT 12, BLK 16 52 39540492 4. 7 Tax ID No: 023-0110 A furnigrings. built-in appliances. ceiling sang, ow coverings. The only other items included & tagetner with all Improvements and attached items, including fixtures, | 9 light fixtures, attached wail-to-wal! carpeting, rods, draperies and other 49° im the purchase aré: CVEN,. RANGE ,_ REFRIGERATOR, WASHER, DRYER, rn 43° The following attached tems are excluded from the purchase _ ee _. a 45 The teal and personal prosenty descnbed above as Included in the purchase is refered to as the “Property.” Pérsonal property listec 16 inthis Contract is includedin the ales, pres. has no contributory value and venience § PRICE AND FINANCING 17 18" 2, PURCHASE PRICE i/ J eer POS payabie by Buyer InUS 19° (a)S 2, 0.00 posit received (checks are subject to cléarance) nw 19:98. “comet: (‘Escrow Agent") ___SOUTH_F LAND TITLE Signature Name of Company {b}$_ 9, 800, Additional depositto be made by 10 DAYS_FROM EFFECTIVE DATE. _ 19 _ 80%. .____‘Total Financing (see Paragraph 3 below) (express as ‘a dollar amount or percentage) {d)Soo . Other: . oo. _ _ . _ e)S sree Balance to close (not including Buyer's closing costs. prepaid items and prorations). Alt funds 0,000 paid at closing must be paid by locally drawn cashier's check or wired funds. fucins: (Check as applicable) — (a) Buyer will pay cash for the Property with na financing contingency. is Contract is contingent on Buyer qualifying and obtaining (1) and for (2) below (the Financing”)by (if left blank then Closing Date or within 30 days from Effective Date, whichever occurs first) (“Financing Period”): (4) Acommitment for new conventional} ] FHA!” VA financing for $ ___ oF g0 %ofthe purchase price (plus 4 any applicable PMI, MiP, VA funding fee) at the prevailing interest rate and loan costs (if FHA or VA, see attached addendum). 32° (2) Approval for Seller financing or assumption of mortgage (see attached addendum). 33° Buyerwill apply for Financing within ___ days from Effective Date (5 days if left blank) and wil timely provide any and all credit, 34 employment, financial and other information required by the lender. Eitner party may cancel this Contract if (i) Buyer, after using 35 diligence and good faith, cannot obtain the Financing, or (ii) the Financing 1s denied because tne Property appraises below the 36 purchase price and either Buyer elects not to proceed or the parties are unable to renegotiate the purchase price. Upon 37 cancellation, Buyer will returnall Selle r-providedtitle evidence, surveys and as sociation documents and Buyer's deposit(s) will be 38 returned after Escrow Agent receives proper authoization from all interested pardi \ “ Is/96 40° 4, CLOSING DATE; OCCUPANCY, This Contract will be closed and the deeéd and Zoss ndeliveredon oR BEF-6¢30, 19 98 41 ("Closing Cate"), unless extended by other provisions of this Contract. Thé Property willbe swept clean and Seller's personal items 42 removed onor before Closing Date. If on Closing Date insurance underwritingis suspended, Buyer may postpone closing upto Sdays. 43 §. CLOSING PROCEDURE; COSTS: Iftitle insurance insures Buyer for title defects arising between the title binder effective date 44 andrecording of Buyer's deed, closing agent willdisburse at closing the net sale proceeds to Sellerand brokerage fees to Broker 45 as per Paragraph 19. In addition to other expenses providedin this Contract, Seller and Buyer will pay the costs indicated below. 46 (a) Seller Costs: elierwill pay taxes and surtaxes onthe deed andrecording fees for documents needed tocure title; certified, 47 confirmed and ratified special assessment liens and. if an improvement is substantially completed as of Effective Date, an 39 CLOSING 48° amount equal to the last estimate of the assessment, up to ___ % (1.5% if left blank) of the purchase price for repairs to 4g° warranted items ("Repair Limit"), and up to _ % (1,5% if eft blank) of the purchase price for wood-destroying organism §0° treatment and repairs ("Termite Repair Limit"); Other: _ . - cee cae —— . 54 (b) Buyer Costs: Buyer will pay taxes and recording fees an notes and mortgages, recording fees on the deed and 52 financing statements; loan expenses, pending special assessment liens; lender's title policy; inspections, survey: flood $3" insurance, Other: _- cee ae Lo _. 54 (c) Title Evidence and Insurance: Check (1) or (2): 55° “7 (4) Seller will provide a Paragraph 10(a)(1) owner's title insurance commitment as title evidence. ~ Seller ;~ Buyer will $6" Select the title agent. () Seller —* Buyer will pay for the owner's title policy, search, examination and related charges $7 Each party will pay its own closing fees ~ 58° PK (2} Setter will provide title evidence as specified in Paragraph 40(aX2), Co Seller X% Buyer will pay for the owner's title 59 policy and select the title agent. Seller will pay tees for title searches prior to closing, including tax search and lien 60 search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees 61 (d) Prorations: The following items will be made current (if applicable) and prorated as of the day before Closing Date: real 62 estate taxes, interest, bonds, assessments, association fees, insurance, rents and other current expenses and revenues of 63 the Property. If taxes and assessments for the current year cannot be determined, the previous year’s rates will be used with 64 adjustment for exemptions and improvements. Buyer is responsible for property tax increases due to change in ownership. 65 (e) Tax Withholding: Buyer and Seller will comply with the Foreign investment in Real Property Tax Act, which may require 66 Seller to provide additional cash at closing if Seller is a “foreign person" as defined by federal law. 67" (f) Home Warranty: —) Buyer Seller)¢ N/A will pay for ahome warranty planissued by oo eee _, ata 68" costnottoexceedS ss «6 A home warranty plan provides for repair or replacement of many of a home's mechanical 69 systems and major builtin appliances in the event of breakdown due to normal wear and tear during the agreement period 70 PROPERTY CONDITION 71* §. INSPECTION PERIODS: Buyer will complete the inspections referenced in Paragraphs 7 and B(a}(2) by , 72" 19. (within 10 days from Effective Date jf left blank) ("Inspection Period”), the wood-destroying organism inspection by 73° _.. 19.99 (prior t closing if left blank), and the walk-through inspection on the day before Closing Date 74° or any ath je agreeable to th ries. 75° Buyer ( sand Selle knowledge receipt of a copy of this page, which is Page 1 of 4 Pages. FAR-4 Rev. 11/96 1996 Florida Association of Realtors® Alt Rights Reserved This form is heansed for use with Formutmator™ Forms Sottware by ISG McAllister Publishing, ine 800-336-1027 kK ke Zz = {ln rw 2 3 ) Me PAGE 75 7. REAL PROPERTY DISCLOSURE: Selterre erts that Sellerdces nat know ct any facts that materialh “set tre vaue cf 77 the Property including viciatisns of governm aws, fules and “eguia-ons other ‘nan those that Buyer 2aaily observe 78 of that are known by or have been disclosed tu suyer. i 79 (a) Energy Efficiency: Buyer may, within the inspection Period, nave the Property's energy efficiency raurg determined, dui no 60 contingency or repair obligation 1s connected with the ouicome. Buyer acknowledges receipt of the Florida Building Energy- 81 Efficiency Rating System brochure. if this is anew home, the builder's FL-EPL card is attached as an addendum. . 82 {b) Radon Gas: Radon is a naturally occurring radioactive gas that, when it hag accumulated ina building in sufficient aa quantities, may present health risks to persons who are exposed to It over time. Levels cf radon that exceed federal and a4 state guidelines have been found in buildings in Florida. Additional information regarding sadon and radon testing may be a5 obtained from your county public health unit. Buyer may, within the inspection Period, have an appropriately licensed person 86 test the Preperty for radon. if the radon level exceeds acceptable EPA standards, Seller may choose to reduce the radon a7 level to an acceptable EPA level, failing which either party may cancel this Contract. ab (c} Flood Zone: Buyer is advised to verity by survey, with the lender and with agprepriate government agencies which flood 33 zone the Property is in, whether flood insurances required and what restrictions apply to improving the Property and rebuilding ES inthe event of casualty. ifthe Property is ina Special Flood Hazard Area or Coastal High Hazard Areaand the buildings are built a belowthe minimum ficod sievation Buyermay cancel this Contract by delivering written notice 10 notice to Seller within 20cays from 92 Effective Date, failing which Buyer accepts the existing elevation of the buildings and zone designation of the Property g3 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property 'n the same conditian from Effective Date unti! 94 closing, exceot for normal wear and tear (“maintenance requirement") and repairs required by this Contract Seller will provide 95 access and utilities for Buyer's inspections Buyer will repair ail damages to the Property resuiting from the inspections and 95 return the Property to its preinspection condition. if Seller is unable to complete required repairs oF treatment prior to $7 closing, Seller will give Buyara credit at closing for the cost ofthe repairs Seller was obligated to make, Salier will assign al! 98 assignable repair and treatment contracts to Buyer at closing. 99 (a) Warranty, Inspections and Repair: 109 (1) Warranty: Seller warrants that non-leased major appliances and heating. cooling, mechanical, electrical, security, 4041 sprinkler, septic and plumbing systems, seawall, dock and pool equipment, if any, are and will be maintained in working 402 condition until closing: that the structures (including roofs) and pool, if any, are structurally sound and watertight; and 103 that the Property has proper permits. Seller does not warrant and is not required to repair cosmetic conditions, unless 404 the cosmetic condition resulted from a defect in a warranted item. Seller is not obligated to bring any item into 105 compliance with existing building code regulations unless necessary to repar a warranted item. “Working condition” 106 means operating in the manner In which the item was designed to operate and “ccsmetic conditions” means aesthetic 107 imperfections that do nat affect the working condition of the item, including pitted marcite, missing cr torn screens. 108 fogged winaows, ‘ears, worn spots and discoloration of floor coverings / wallpapers / window treatments; nail holes, 109 scratches, dents, scrapes, chips and caulking in bathroom ceiling / walls / flooring / tile / fixtures / mirrors; and minor cracks in 410 floor tiles / windows / driveways / sidewalks / pool decks / garage and patio floors. qn (2) Professional Inspection: Buyer may have warranted items inspected by a person who specializes in and holds an 412 occupationat license (if required by law) to conduct home inspections or who holds a Florida license to repair and maintain 113 the items inspected ("professional inspector"), Buyer must, within 5 days from the end of the inspection Period, deliver 114 written notice of any items that are not in the condition warranted and a copy of the inspector's written report, if any, to 115 Seller. if Buyer fails to deliver timely written notice, Buyer waives Seller's warranty and accepts the items fisted on 116 subparagraph (a) in their “as is" conditions, except that Sailer must meet the maintenance requirement. 7 {3) Repair: Sellaris obligated only to make repairs necessary to bring warranted items into the condition warranted, up* 118 to the Repair Limit. Sellar may, within 5 days from receipt of Buyer's notice of items that are not in the condition v9 warranted, have a second inspection made by a professional inspector and will report repair estimates to Buyer, Ifthe 120 first and second inspection reports differ and the parties cannot resalve the differences, Buyer and Seller together will 121 choose, and equally split the cost of, a third inspector, whose written report will be binding an the parties. If the cost to 122 repair warranted items equals of is less than the Repair Limit, Saller will have the repairs made in a workmanlike manner 123 by an appropriately licensed person. If the cost to repair warranted items exceeds the Repair Limit, either party may 124 cancel this Contract unless either party pays the excess or Suyer designates which repairs to make at a total cost to 125 Seller not exceeding tie Repair Limit and accepts the balance of the Property in its “as is” condition. 126 {b) Wood-Destroying Organisms: “Wood-destroying organism” means arthropod or plant life, including termites, powder-post 127 beetles, oldhouse borers and wood-decaying fungi, that damages or infests seasoned wood ina structure, excluding fences. 128 Buyer may, at Buyer's expense and prior to closing, have the Property inspected by a Florida-licensed pest control business to 129 determine the existence of past or present wood-dastroying organism infestation and damage caused by infestation. If the 130 inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector's written reportto SellerwithinS 431 days from the date of the inspection. Seliar will have 5 days from receipt of the inspector's report to have reported damage 432 estimated by a licensed building or general contractor and corrective treatment estimated by alicensed pest control business 133 Sellerwillhave treatments and repairs made by an appropriately licensed person at Seller's expense up to the Termite Repair 134 Limit. ifthe cost to treat and repair the Property exceeds the Termite Repair Limit, either party may pay the excess, failing which 435, either party may cancel this Contract. Selleris not obligated to treat the Property if (j) there is no visible live infestation, (ji)the 136 Property has previously been treated, and (iii) Sellertransfers a current full treatment waranty to Buyer at closing {f Buyer fails to 137 timely deliver the inspector's written report, Buyer accepts the Property “as is” with regard to wood-destroying organism 438 infestation and damage, subject to the maintenance requirement. 139 (c} Walk-through inspection: Buyermay walk through the Property solely toverify that Setler has made repairs required by 140 this Contract and has met contractual obligations. No other issues may be raised as a result of the walk-through 4441 inspection. if Buyer fails to conduct this inspection, Seller's repair and maintenance obligations will be deemed fulfilled. ~ 142 9. RISK OF LOSS: ff any portion af the Property is damaged by fire or other casualty before closing and can be restored 443. within 45 days from the Closing Date to substantially the same condition as it was on Effective Date, Seller will, at Seller's 444 expense, restore the Property and the Closing Date will be extended accordingly. If the restoration cannot be completed in 145 time, Buyermay accept the Property “as is” with Seller assigning the insurance proceeds forthe Property to Buyer at closing. 146 failing which either party may cancel this Contract. 147 TITLE 148 10. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or +49 guardian deed as appropriate to Seller's status. 150 (a) Title Evidence: Title evidence will show legal access to the Property and marketabietitle of record in Seller in accordance with 151 current title standards adopted by the Florida Bar, subject only to the fotlowing title exceptions, none of which prevent residential 152 use of the Property: covenants, easements and restrictions of record; matters of plat: existing zoning and government 183 regulations: oil, gas and mineral rights of recordif thereis no right of entry; current taxes; mortgages that Buyerwill assume, and 154 encumbrances that Seller will discharge at ‘or before closing. Seller will, porto closing, deliver to Buyer Seller's choice of one of 455 the following types of title evidence. which must be generally accepted in the county where the Property is located (specify in 156 Paragraph §(c) the selected type). Seller will use caption (1) in Palm Beach County and option (2) in Dade County 157 (1) A title insurance commitment issued by a Florida-licenced title insurer in the amount of the purchase price and 158 subject only to title exceptions setyforth in this Contract. = ca 169° Buyer, i jand Seller icknowleage receipt of a copy of this page, which is Page 2 of 4 Pages. FAR-4 Rev, 11/96 1996 Florida Association of ealtors® All Rights Reserved This form is licensed for use with Forgpulater™ Farms Software by ISG McAllister Publishing, Inc. 800-336-1027 el 160 {2) An existing abstract of title from i tabie and existing apsiract fm “firm is not existing, % sstract must be “61 certifies as correct Dy 3% existing fiey.., purporting to de an accu‘ate synopsis of the instruments « -ecting ttle tothe “62 Property recorded in tne public records of the county where the Property |S ocated and certified © Effective Date 463 However ifsuchan abstract 1s not available to Seller. thenapriorowner's title policy acceptable ‘0 the propaset fake 164 as a case for reigsuance of coverage. Seller vill pay for copies of all poucy exceptions and an update ina ormat 465 accepianle to Buyer's closing agent from the policy effective date and certified to Buyer oF Buyer's closing agen . 166 stogether with copies ‘af all documents recited in the prior policy and in tne update. I a prof policy is not available to 467 Seiler then (1) above will be the title evidence. Title evidence wil! be delivered no later than 140 days before Closing Date 168 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of 469 title evidence dut no later than closing. of any defects that make the tte unmarketaule. Seller will nave 30 days from 170 receipt of Buyer's notice of defacts (Curative Period”) to cure the defects at Seller's expense. {f Seller cures the defects 1714 within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on Closing 172 Date of within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed, If Seller is unable to cure tne 473 defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt ot 174 Seller's notice, either cancel this Contract or accent title with existing defects and close the transaction. 175, (c) Survay: Buyer may, prior to Closing Date and at Buyar's expense, have the Property surveyed and delives written notice ts 47 Seller, within 5 days from recerpt of survey out nolaterihan closing, of any encroacnments on the Property. encroachments by the V7 Property's improvements on other lands or deed restriction orzoning violations, Any such encroachment or violation will be treated 178 inthe same manner as a title defect and Buyer's and Seller's obligations will be datermines in accordance with subparagraph (b) 179 above, If any part of the Property lies seaward ofthe coastal construction contre: :ne Sellerwill provide Buyerwithan affidavit or 186 survey as required by law delineating the line’s location on the property, uniess Buyer waives this requirement In writing. 484 MISCELLANEOUS 482 14. EFFECTIVE DATE; TIME; The “Etfective Date” of this Contract is the date on which the Jast of the parties initials or signs the 483 latestoffer. Time is of the essence forall provisions of this Contract. All time periods will be computed in business days (a 494 “business cay” Is every calendar day except Saturday, Sunday and national legal holidays) if any deadline falls on a 485 Saturday. Sunday or national legal holiday. performance will be due the next business day, All time pericds will 186 end at $:00 p.m local time (meaning in the county where the Property is located) of the appropriate day 4B7 12, NOTICES: Alinotices willbe made to the parties and Broker by mail, persona! delivery or electronic media. Buyer's failure 488 todeliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will render 189 that contingency nuil and void and the Contract will be construed as if the contingency did not exist. 490 13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller, Except for brokerage 191 agreements, no prior orpresent agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 192 Modifications af this Contract will not be binding unless in writing, signed and calivered by the party to be bound, Signatures, 493 initials, documents referenced inthis Contract, counterparts and written modifications communicated electronicatly or on paper 194 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 495 attached to this Contract prevail over preprinted terms if any provision of this Contract is or becomes invatid or unenforceable 496 all remaining provisions will continue to be fully effective. This Contract will not oe recorded in any public records 197 14, ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 198 Seller,” and “Broker” may be singular or plural. This Contract is binding on the heirs, administrators, executors, 199 personal representatives and assigns (if permitted) of Buyer, Sellar and Broker 200 DEFAULT ANO DISPUTE RESOLUTION 201 15, DEFAULT: (a) Seller Default: if for any reason other than failure of Sellerto make Seller's title marketable atter diligent effort, 202 Seller fails, refuses oF neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without 203 waiving the right to seek camages or to seek specific performance as per Paragraph 16. Seller will alsa be liable to Broker for 204 the full amount of the brokerage fee, (b) Buyer Default: if Buyer fails to perform tnis Contract within the time specified, including 205. timely payment of all deposits, Seller may choose to retain and collect ail deposits paid and agreed to be paid as liquidated 206 damages or to seek specific performance as per Paragraph 16, and Broker will, upon demand, receive 50% of all deposits 207 paid and agreed to be paid (to de split equally among cooperating brokers) up to the full amount of the brokerage fee. 208 416. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims, and other matters in 209 question between the parties arising out of or relating to this Contract or its breach will be settled as follows: 210 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Selier will have 30 days from the 214 date conflicting demands are made to attempt to resolve the dispute through mediation, If that fails, Escrow Agent will 212 submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real 213 Estate Commission. Buyer and Seller will ba bound by any resulting settlement or order. 214 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to atternpt to 215 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration 216 in the county where the Property |s based, The arbitrator may not alier the Contract terms or award any remedy not 217 prowded for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact 218 and the contractual authority on which it is based. If the parties agree to use discovery, it will be in accordance with the~ 219 Florida Rules of Civil Procedure and the arbitrator will resolve alt discovery-related disputes. Any disputes with a real 220 estate licensee named in Paragraph 19 will be submitted to arbitration only if the licensee's broker consents in writing to 221 become a party to the proceeding. This clause will survive closing. 222 (c) Mediation and Arbitration; Expenses: “Mediation” is a process in which parties attempt to resolve a dispute by 223 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 224 settlement on the parties. Mediation will be in accordance with the rules of the American Mediation Association or other 225 mediator agreed on by the parties. The parties will equally divide the mediation fee. if any. “Arbitration” is a process in 226 which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision is 227 binding on the parties. Arbitration will be in accordance with the rules of the American Arbitration Association or other 228 arbitrator agreed on by the parties. Each party to any arbitration will pay its own fees, casts and expenses, including 229 attorney's fees, and will equally split the arbitrators’ fees and administrative fees of arbitration 230 ESCROW AGENT AND BROKER 231. 17, ESCROW AGENT: Buyerand Seller authorize Escrow Agent toreceve, deposit and hold funds and other items in escrowand, 232 subject to clearance, disburse them upon proper authorization and in accordance with the terms of this Contract, including 233 disbursing brokerage fees The parties agree that Escrow Agent will not be liable to any personfor misdelivery of escrowed items to 234 Buyeror Seller,uniess the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. If Escrow Agent 235 interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover 236 reasonable attorney's fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court costs in 237 favor of the argyailing party. All clail i ‘Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 238° Buy: 1 ) and Seller cknowledge receipt of a Copy of this page. which is Page 3 of 4 Pages. FAR-4 Rev. T1/96 1996 Florida Association of ights Reserved we This form is scensed tor use wih Forcguatatar™ Farms Software by ISG McAltister Publishing, Inc 800-336-1027 mae seer mc nA 229 (18. PROFESSIONAL ADVICE, BROKER LI “Y: Broker advises Buyer ans Seflerzoverify all facts anc asentations that 340 are important ‘9 them ang to consult an ep PlOpriaie professional ‘or sega! aawice (for exampre. inte: preting contracts 244 determining the effect of laws cn the Property and transacticn, status of title. feregn investor reporting requirements. ate ) and 242 fortax. property condition environmental and other specialized advice Buyer acynowledges that Broker does not reside in the 243 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations OF public recorss 2464 unless Broker indicates personal verification of the representation Buyer agrees {0 rely solely on Selier, professional inspectors 245 and governmental agencies for veritication of the Property condition, square footage and facts that materially atfect Property 248 vatue. Buyer and Sellar respectively will pay all costs and expenses, including reasonable attorneys’ fees at all levels, incurred DY 247 Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's oF Seller's 248 misstatement oF failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker's 249 officers, directors, agents and employees from all liability for loss or damage based on (1) Buyer's or Setior's misstatement or 250 failuretoperform contractual obligations. (2) Broker's performance, at Buyer's and /or Seller's request, of any task beyond the 281 scopeof services regulated by Chapter 475, F.S., as amended, including Broker's referral, recommendation of retention of any 252 vendor,(3) products orsernices provided by any vendor, and (4) expenses Incurred by any vendor Buyer and Seller each assume ful) 253 responsibiity for selecting and compensating their respective vendors This paragraph will not relieve Broker of statutory 254 obligations. For purposes ofthis paragraph, Broker will be treated as 8 party to is Contract. This paragraphwill survive closing 285 19. BROKERS: The licensee(s) and orckerage(s) named below are collectvaly referred to as “Broker.” Seller and Buyer 256 acknowledge that the brokerage(s) named below are the procuring cause ofthis transacticn instruction to Closing Agent: Seller 287 and Buyer direct closing agent to disburse at closing the full amount of the oroxerage tees as specified in separate brokerage 258 agreements with the parties and cooperative agreements between the brokers. unless Broker has retained such fees from the 259 escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated belcw. 270° | E. FHA Financing 271" — F.VAFinancing K. Pre-1978 Housing Stmt.(LBP) = Q. Broker Pers Int.inProp. 7 Other L. Flood Insurance Reqd. = R. Rentals ©; Other 260° TERESA B._PIERSON_....— - __ _ DEBBIE MARDER, JANET WINSTEIEIN 261 Real Estate Licensee Real Estate Licensee 262° ___BSSLINGER WOOTEN MAXWELL . ESSLINGER WOOTEN MAXWELL 263" Brokerage/Brokerage Foe, 3h a Brokerage /Brokerage Fee. _3h_ . 264 ADDENDA AND ADDITIONAL TERMS 265 20. ADDENDA: The following additional terms are included in addenda and incorporated into this Contract (check if applicable): 266° ~ A. Condo. Assn. = G. NewMort. Rates "_ M. Housing Older Persons. ' §, Sale of Buyer's Property 267° 7) B. Homeowners Assn. & H. As Is wiRight to inspect N. Unimproved/Ag. Prop. T. Rezoning 268° ~~ C. Seller Financing ™ |, Self-inspections O, Intarest-Zearing Account U. Assignment 269° 7 O.Mort.Assumption = _. J.ingulation Disclosure = P. Back-up Contract = y. Prop. Disclosure Stmt x 272" 21. ADDITIONAL TERMS: 27s LL. — aoe . . - a —— 274 . Loe . _ 278° 276° 277" 278° 279° 260° 281° 282 Thisisintendedto be alegally binding contract. If not fully understood, see ee TT —— ——— —: —_— 283 . OFFER AND ACCEPTANCE 284° (Check if applicable: 7 Buyer received a written real property disclosure 285 Buyer offers to purchase the Property on the above terms and conditions, Uniéss this 3a6" delivered to Buyey ngiater than __6.__L a.m. p.m on aaenao8_ 5, Mm Seller fe making this Offer.) re ‘ontract 1s signed by Sellerandacopy WB 19 __, this offer'will be revoked r 287 and Buyer's deppsit efunded subject to clea! x i ' 288° Date: 4 /s¢/ Buyer: fm hay~ fic Tax ID/SSN. . . ‘ 289° Print ACHA ORTE ~ 200 Date: . a Buy¢ Tax ID/SSN: ___ ee wat . Print'nams- AL’ hen 292" Phone: adaress: Te RORNEY .SNEAGT . 293° Fax: a - Cpa ae . = : va) 294" Date: Seller: ” “Fax IO/SSN: 295° Printname: X.O. -* . : 296" Date: Seller: Tax ID/SSN: - so 297" Printname. ~ . oo 298° Phone: Address: — _. . 299° Fax: im a _ . . 300° 5~Selier counters Buyer's offer (to accept the cou ter offer, Suyer must sign oF initial the counter offered terms and deliver a copy E i) 19 ZY ). — Seller rejects Buyer's offer. Na 301° ‘oF the acceptance to Seller by 5:00,p.m. on > 302° Effective Date: Lh (The date on which the last party signed or initialed acceptance of the final offer.) 303* Buyer Ga and Sell Dc stcone receipt of a copy of this page. which is Page 4 of 4 Pages The Florida Association of REALTORS® and local Board/Assaciation of REALTORS® make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. ‘This standardized form should not be used in complex transactions oF with extensive riders or additions. This form is available for use by the entire reai estate industry and is not intended to identify the user a5 2 REALTOR®. REALTOR® is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS® and who subscribe to its Code of Ethics. The copyright laws of ine United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms FAR+4 Rev. 11/96 Copyright 1996 Florida Association of Realtors All Rights Reserved ‘This torm is licensed for use with Faormutatar™ Forms Software by ISG McAlister Publishing, Inc. 800-336-1027 4 36" 7 38 39 40 44 42 43 44 45 46 HD 71 72 73" C__\__} 74 75 76" aad (Seller) spnE_ (Buyer) concerning ‘ne Property nescrbes EMARK HGTS_ - - fin. ed by all parties tne Comract cetweer CERRY CLOCCN AND DAISY _S. creoN and _JUAN MACHADO only _. . ee ee imei tir AM ; PROPERTY M+. [bh Is With Right to Inspect: This clause replaces Paragraphs 6 and @ of the Contract. aragraph Sia) a and ferrite Repair Limits are O%. Seller makes nowarranties other tran marketability of title. Seller will ty in the fsame condition from Effective Date until closing, except for normal wear and tear ("maintenance keep the Prop may, at Buyer's requirement’), and will convey the Property in its "as is" condition with no abiigatian to make any ceparrs. Buyer expense, concuct professional and walk-through inspections 3S described below. If Buyer fails to timely conduct any inspection which Buyer ‘s entitled to make under this paragraph, Buyer waives the right to the inspection and accents the Property “as is.” Seller will crovide access and utilities for Buyer's inspections. Buyer will repair all damages to the Property resulting from the inspections and return the Preperty to its pre-inspection condition. Buyermay.by _ Lo. pe mA 19 _ (‘Inspection Period"), make any and all inspections of the Property. The inspection(s) will be by aperson who $ ecializes in and holds an occupational license (if required by Jaw) to conduct home inspections or who holds a Florida license to repair and maintain the items inspected. Buyermay cancel this Contract by written notice to Seller within 5 days from the end of the Inspection Period 'f the estimated cast of treatment and repairs determined tc be necessary by Buyer is greater than If this amount is greater than $0 (zero), for the cancellation to be effective, Buyer must include in the written notice a copy of the inspector's written report, if any, and treatment and repair estimates from the inspector or person(s) hotding an appropriate Florida license to repair the items inspected. Any conditions not reportedin atimely manner willbe deamed acceptable to Buyer. Buyer may, on the day before Closing Date of any other time agreeable tothe parties, walk through the Property solely to verify that Seller has fulfilied tne contractual ooligations. No other issues may be raised as a result of the walk-through inspection . } yu Self-inspection: Buyer and Seller agree tnat unlicensed perscns, including the parties themselves, may conduct fhe inspections (except for Buyer's weod-destroying organism inspection; permitted in Paragraph 8 of the Contract or Paragraph H of this Addendum. However, if the inspection findings differ and (ne parties cannot resolve the differences, Buyer and Seller together will choose, and will equally split the cost of, a orcfessional inspector as defined in Paragraph 8 of the Contract whose report will be binding on the parties. - ) J. Insulation Disclosure (New Homes Only): insulation "as been or will be installed In the new residence as follows Location Type Thickness Manufacturer R-Value interior Walls Flat Ceiling Area Sloped Ceiling Area Common Walls Between House & Garage Exterior Walls . | Pre-1978 Housing Lead-Based Paint Warning Statement: “Every purchaser of any interest esidential rea property pn which a residential dwelling was built prior to 1978 is notified that such property may present josure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning im young children may produce permanent neurological damage. including learning disabilities, reduced intelligence quotient, behaworal problems, and impaired memory Lead poisoning also pases a particular risk to pregnant women: The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the saller's possession and notify the buyer of any known lead-based paint hazards A risk assessment or inspection tor possible lead-based paint hazards is recommended prior to purchase.” For purposes of this addendum, lead-based paint will be teferred to as "LBP" and lead-based paint hazards will be referred to as "LBPH"” (1) LBP/LBPH in Housing: Seller has 10 knowledge of LBP/LBPH in the housing and no available LBP/LBPH records oF reports, except as indicated: (describe all known LBP/LBPH information, list ali available documents pertaining to LBP/LBPH and provide documents to Buyer before accepting Buyer's offer)___ : (2) Lead-Based Paint Hazards inspection: Buyer waives The opportunity to concucta risk assessment or inspection for the presence of LBP/LBPH unless this box ig checked (7, Buyer may, within the Inspection Period, conduct a risk assessment or inspection for the presence of LBP/LBPH in accordance with the provisions of paragraph 8(a) or H. LSP/LBPH conditions that are unsatisfactory to Buyer will be treated as “warranted items" for purposes: of paragraphs B(a)(2) and (3) only). (3) Certification of Accuracy: Buyer has received the pamphlet entitled "Protect Your Family From Lead in Your Home" and all of the information specified in paragraph (1) above. Licensee has notified Seller of Seller's obligations to provide and disclose information regarding lead-based paint and lead-based paint hazards in the property as required by federal taw (42 U.S.C. 4852d) and is aware of his or her obligation to ensure compliance with federal lead-based paint law. Buyer, Seller and each licensee has reviewed the jnformation above and certifies. to the best of his or her knowedge, Lotfiy Date Date’ Date” L. Floodinsurance Required: Buyeris notified that the Property is located in an area that: 415 dable area ‘od insurance is required. 7 was declared a flood disaster area ater September 23. 1994 and received federal disaster r fief assistance on the condition that flood insurance be obtained in accordance with applicable federal law. Buyer is required to obtain such flood insurance if the Property ts not so insured as ef the date of transfer and will be required to mainiain flood insurance in accordance with applicable federal !aw with respect to the Property . i] ) M. Housing for Older Persons: Buyer acknowledges that the owners’ association. developer or other housing provider intends the Property to provide housing for alder persons as defined by federal law. While Seller and Broker make no representation that the Property actually qualifies as housing for older persons, the housing provider has stated that it provides housing for persons who are | * 62 years of age and older. °° 55 years of age and older FARA-é Rev. 11/96 ©1996 Florida Association of Realtors® All Rights Reserved Page of Addendum No. ‘This form is licensed for use with Formuistor™ Forms Software by !SG McAllister F -blishing, Inc 800-336-1027 pla aaa EXHIBIT__ = x O wr a 8 of, as. as Grantor, do hereby make and gr Srolosive. Real Zehebe Tavesbned ets loae\ i FROM:GLCBAL VORTGAGE sears poU/t2 Fedd? TO ALL PERSONS, beitinown, that, Vass \ ca st alimited and specisic power of atlamey to and appoint and constitute said individual a my attomey-in-fact. ave fill power and authority to undertake, commit and My named attorney-in-fact shall h: ent as if I had done to personally; all perform only the following acts on my behalf to the same ext with full power of substitution and revocation in the presence: 2 To sign and/or execute any documents relating ta the purchase of the property located at 7360 S.W. 121 Street, Miami, Florida 33156. b. To make offers and counter-offers on said property as pe: fax and/or any other form of communicaticn. ¢. To issue checks to realtors as Deposit for said property as per the purchase contract. my instructions via telephone, The authority granted shall include such incidental acts as are reasonably required or necessary to carry out and perform the specific authorities and duties stated or contemplated herein. ta its terms, and agrees to act My attomey-in-fact agrees to accept this appoinnment subjec he in his discretion deems and perform in said fiduciary capacity consistent with my best interests as advisable, and I thereupan ratify all acts sa carried out. L agree to reimburse my attomey-in-fact all reasonable costs and expenses incurred in the fulfillment of the dutics and responsibilities enumerated herein. SPECIAL DURABLE PROVISIONS: This power of attomcy chall not bo revokod upon the disability of the Grantor, and shall continue in full force until revoked by subsequent writing. Signed under this 2" day of _ Mac 4 , 1998. Signed in ¢ as Grantor, do hereby make and grant a limited and specific power of attorney to j Lots — of. Grn lacy e Creal cal Tw ecbne dhe 4 and appoint and constitute said individual a my attorney-in-fact. My named attiome in-fact shall have Cull power and authority to undertake, commit and perform only the following acts on My behalf to the same extent as if T had done so personally; all with fall power of sudsutuuon and revocation in the presence: a. To sign and. or execute any documents relating to the property located al 7360 S.W. 121 Street, Miami. Florida including, leases, sales contracts, addendums to leases and contracts; enter into conumission agreements to lease/sell said property. Order electric, water, sewer, waste, Or any other utilities required to maintain said property. b. To receive all rent payments on the above property payable to Exclusive Real Estate Investments, Ltd., and :o deposit said funds into their operating account. Execute/sign any checks from said account ta make payments for any utilities, commissions, mortgage payments, real estate tax payments, or any other payment required to maintain the property in good condition. The authonty granted shall include such incidental acts as are reasonably required or necessary to curry out and perfonn the specific authorities and duties stated or contemplated herein. . My attorne ‘yct agrees to accept this appointment subject to its terms, and agrees to act and perform in said fiduciary capacity consistent with my best interests as he in his discretion deems advisable, and | thereupon ratify all acts so carricd out. Lagree to reimburse my attomey-in-fact all reasonable cdsts and expenses incurred in the fulfillment of the duties and responsibilities enumerated herein. SPECIAL DURABLE PROVISIONS: , This power of attomey shall not be revoked upon the disability of the Grantor, and shall continue in full force until revoked by subsequent writing. _ Signed under this igre day of Age z , 1998. : : esence ) Signed jnth State of Florida County of Dade Then personally appeared__G yn po thes Ag ad ~ , the above named Ae Grantor, who known to més, signed and acknowledged the foregoing power of attomey as his free to! act and deed, before me. \ Bn + HENDERSON Notary Public Public State ol Fleride . . Notary f Herth 25, 21000 My Commission Expires: uy ona BG Ce lb 14 po, EXHIBIT__L UY PAGE nc, oif2e/0k fal 1 20-50-14- 2 County 1D DADE cperty Histo ML# STAT AGENT BROKER DOM p916344 R 0 c 6200231 EWM O14 B725246 cs 0 Cs) CG 0465649 LIGU 47 p916344 A 1S 06 pC 6206231 EWM O11 A725246 PS C c c 0465649 LIGU 4725246 / A 3g00. (8 3 ge .4.63.649 j D421872 A 2309 0) g d162341" DS72920 cs 250000 [e) $ 622199 134 0872920 PS 269909 o € €22199 Da72920 A 269900 0 8 6221993 576 2 Xx 299000 G 312376 18s D765$22 A 229000 1 312376 D765522 A 219900 2376 "he information ja this report is believed cto be accurate, but is net guaranteed to be accurate. ¢ an) a ext & > : 7 i Ps <: c. <=, seuiait WC Page . oll Official Records Index CFN Détitd CFN #1998 R 354137, Group ID Ht First Party: CIOCON, JERRY &W DAISY Second Party: MACHADO, JUAN Subdivision Name: HALLMARK HT EST ADDN 07 Legal Description: LOT 2 Clerk's File No: 1998 R Pages in Document: 2 354137 Group ID: 1 Rec. Date: 7/21/1998 Doc. Type: WDE - WARRANTY DEED Doc. Date: 7/15/1998 Rec. Book/Page: 18197 / 1108 Entry Date: 7/28/1998 Orig. CFN No: Block No: 16 Orig. Book/Page: Section: Plat Book/Page: 68 / 420 Township: Misc. Reference: . Range: PB/CP Code: PB 68/42 ~ 1 Folio No: 2050140230110 Clerk's Home | Hints | Email AUN ee SAE EXHIBIT 7 PAGE 5 oF \b vt A iY or, exuiait_| pace FZ http://co.miami-dade.fl.us/clerk/Public-Records/efndetails.asp?pefn_year=1998&pefn_seq=35..1 3/26/01 \atieia we Ce ails Gaeta - Gr hia Records index CEN Details - Pave fot | CEN #1998 R 355503, Group ID #1 Official Records Index CFN Details First Party: MACHADO, JUAN C Second Party: HERNANDEZ, OMAR Subdivision Name: HALLMARK HT EST ADDN 07 Legal Description: LOT 2 Clerk's File No: 1998 R 355503 Rec. Date: 7/21/1998 Doc. Date: 7/15/1998 Entry Date: 7/28/1998 Block No: 16 Section: Township: Range: Folio No: 2050140230100 Pages in Document: 1 Group ID: 1 Doc. Type: WDE - WARRANTY DEED Rec. Book/Page: 18197 / 4454 Orig. CFN No: Orig. Book/Page: Plat Book/Page: 68 / 420 Misc. Reference: . PB/CP Code: PB 68/42 { Clerk's Home | Hints | Email ADMINIS 72 TIVE. COMPLAINT sen 7 EXHigit __ I| She, a http://co.miami-dade.fl.us/clerk/Public-Records/cfndetails.asp?pcfn_year=1998&pefn_seqr3°. 3/26/01 FLORA ays) ON CF - . Raslinger + «Maxwel Inc. i Realtors* Tha Exciusve Runt tc Lease Cantract is between ik vol A Q f ad _ © ~ catech i | ry Listing Office saa been Fo? raterred !o as ‘GROKER’). 1. AUTHORITY TO LEASE PROPERTY: OWNER gives BROKER the excuse right to sacue a tenant Pr Oks kes PH 219 persgnal properly (Prapaerty*) deseribad below during ing aka Period beginning tha Baga 0 44. and ending af 11:58 p.m. tne Of _Pitasgunnde———. 198+ 8 @vent Phoperty bécames vacant auring the Leasing Period, OWNER and oot remain obligatad to Penton aan this Contract unt! tre Leasing Period axpires. OWNER certilas ard represents that ne/she is legally entitled a cicdib a (ce) Occupancy: Property O is xis not curendy occupied. if occupied, the jaase term expires 3. RENTAL RATE AND TERME: (a) Rerttal Pariod and Rats: Bi Neary § See AZ GH) QO Monin $y §. Ol Seasonaty $__ Seager’ nuns fram ta Spacity any services or fees such as waler, garbage. association dues, @tc., which are included in rent: 19, . (0) Advenced Ranta, Deposits, and Foes: Advariced rants and deposits wil ba had by. OWNER O BROKER in a Flonda financial inathution, if required by law, i a(n) 2 non-interest bearing account. (J interest-bearing escrow account, tenant to racee §% per yaar, smcia interest, Any balance af interast shail accrue to BROKER O OWNER . interost-beanng esctaw account, lerant to recava ___.% (at laast 75%) per year of the annualzed average intareat rete payapin an Ina acco ny balance of interast shall aceruv to O) BROKER QC) OWNER Advanced rent A} ci / deine B'Securty Depostt: wee eae Pet depost CG retuncanie Cl nonretundabia $ 2 Credit Report Fea: Saco ___ O Association Appicatian Fee: $e Q Other: O oer (c\ Teen: Leases for a term of 6 ‘aonire Oy 1833 ama subject to state tax on transient rentals amd to local tax on tounst development and impact. Tha party who receivas the rent 6 responeible for tnaly collecting and remiatng sald taxes. (c) Association Approval: OQ. Required, appleation must be made (whee) 2) Not required, 4, BROKER OBLIGATIONS: in consideration of OWNER'S agreement fo anter into this Contract, BROKER agrees: (a) To use diigant effart to jease the Proparty, including advertising au BROKER deems advisable. . (0) To furnish information to and assist cooperating brokars In negotiating leases. . {co} Ta fumish information to ard assist attomaya wnen needed ta draft eases. (c) To negotiate aases and ranawals of adsting i@ages in accardance with the rent scheduie and terns above. {0} To take reasonable precaulions to pravant camage to tne Property when Ine Proparty is being shown by BROKER or @ny otnar broker or salesperson. oo 0 weed Levee S. OWNER OBLIQATIONS: In consideration of tha obligations of BROK&A, OWNER agrees: (a) To cooperate with BROKER in carrying out the purpose of this Cantract, including providing BROKER with all documents needed by prospective tenant to seex Assadiatian or Board approval, (o) To rater immediately to BAOKER al inquinas regarding tne leasing uf the Property. ied {c) To make Property avaiable for BROKER access during reasonable times and furnish BROKER with te follawing keys (specify number} for purposes of show:rg and dalivering ne Propany; um ___/ puliding secass —/ meaibox ___/ poo! ___/ garage doarfopener ___/ other (9) To inoamnify and held BROKER narmiess it BROKEA suffers financial njury because of OWNER'S negligence, actions, or inacuons. (8) To natity BROKER :n the event OWNER or a tenant terminates a jeasa on the Property prior to lease uxpiration date. {f) Ta Inform BROKER before conveying the Praparty. (@) That the lockbes, # Utitzed, will be for the benefit of OWNER and ta release those working by or througn BROKER and BROKEA'S 'ocal Board of Realtors from afl llabilty and responsibility in connection with any ‘ose which may occur. fh) Nat to restrict tha rantal of tne Property according to race, color, religion, sex, Nandicap, familia! status, or rational origin, OF any Other ciatses protected by state or local law, anc not to ask or expact BROKER to impose such rastrictons on tre remal of the Property. 3, BROKER ACTIVINES AND ALUTTHOAITY: OWNER authorizes BROKER to (check f applicable): & Oisrlay appropriate transaction signs, Including a ‘For Rent" sign, on the Property, AL-t 72 © 19@2 Aaeda Association of Perrone Rights Aeverved. IGENSED 70 ESSLINGER © WOOTEN ¢ MANWEEL ine meena a @ Le foe exw 4A pace aw ‘he Topery : axcense. SAC OR ADDITIONS TO THIS FORM MAY 8 MADE UNLESS 8 LAWYER S CONSUL Boe ED (FOR A TERM NOT TO EXCEED ONE YEAR) F Not Ta de Used For Commercial, Agricultural 2° Cth i LED aase Term}, cegiering June [manin, dav year for acercsdct 1? sores it eT OR} gay voetvear _ Miguel Marquez : _ Julio Galleti & Gini Mary Galleti Jes annem ma ninety. §tANsi cine Lease’ i TERM AND PARTIES Tiss 47 angecang . May 31% oey gwier whether one of more, of the am the oroperty is leased are 22 2c “Te 340 sy 93 PLMiami. FL 33179 [street adarass} A yersce land and ouild 1g cares onca - regetner ain ine Icllewing turndure and apoiiances Oven, range prefrigecacor dishwasher) disposal,washer, dryer ai urmtur and aporarces I 9st@, wale “none, '] (Ia the Lease the orepany eased, 9C udieg ‘urniture ang acpiances itany is called ‘the Prems i I, RENT PAYMENTS AND CHARGES, “evant snall pay rent tor the Prem.sag in installments cf $ 2,060 each onthe 1st month oe _ (A ‘Rental instalment Perod,’ as used in ne Lease, shal ce a srontn trent is paid mony, nen, ae] nek {ents daid week'y | Fanart shat pay wih eac7 rent ayment all taxes imposed 69 ‘Fe rent by taxing authorities Tra amount of taxes nayable N/A for eacn nétaliment Tne amcurt af each instatiment of rent pus [axes Landiorrt wil notty Tenant tthe amount. ang sain haginnng dave of the Leases 3 ue Payrrar! ), ag of (ne data “ne oase bagins, «i $ ngas. Tenant sail Gay Ire rant ang ad ciner charges required to be ard under the Lease oy cash. vahd cneck, of merey order, Lanciord may Chima tayo lee ean agent to collect tye Lease Paymert and te pertarm Lanaiord s obligations. * The Lease Paymants must be pac nfBavance Din arrears (Clce one) ceginning _June 1,1998 — N, DEPOSITS, ADVANCE RENT, AND LATE CHARGES. In adaition to the Lease Payments gesenbed abeve, Tenant shail ay the fallow:ng’ (check anly aos tems al Ipoly) . x a secunty deaesit of 4,000 to be paid upen signing tre Lease BS advange vertuving arount ot 2:000 for ite Rentat instatiment Periods ot June _ist-July Ist 1998 ts Se Dad ueon sigteg the .ease, . a get aepast inthe ameurt of $ N/A 1059 card upon signing Ine Lease 3 .ate charge in re amouet oF $ 20.00 for aac Lease Paynent made more Inan 1s aumber ol days after ine date t's due seag cneck ‘ee nine amcun ct §_ 20-00 frat io excaea $2000. ar 5% of ina L2ase Payment, whichever 1s greatar) # Tenant makes ary Lease Payment with a bad chack. I! Tenant makes any Lease Payment wih a bac check, Lanalord can requre Tenant (0 Day all ‘ture Lease Paymer’s 1 casn or by money order ua v SECURITY DEPOSITS AND ADVANCE RENT, It Tenant nas paid a securily depesit of advance rent the following provisions apply: ub o A. Lanuluty shall bold the money 9 a separalc: inierest-beanng of noninterest-beanng account na Florida banking institution for the benefit of Tenant. tt Landlord > deposits the money in an interest-bearing account, Landlord must pay Tenant interast of al least 75% of the annualized average interest paid by the bank Cc ™ ‘or $% per year simple interesl, whichever Landlord chooses. Landlord cannot mix such money with any other funds of Landlord or pledge. mortgage. receigt requested, of by hand delivory to Lanulurd cr Landiord s Agent guar ay centes 1 ant yah be gre ertihad mail, return receipt requeslad, oF delivered vo Tenant at tne Prem'ses. if Tenant is absent from the Premises. y Le Given Cy ‘eaving a copy of the notice at the Premises Any notice 19 Te arstce to Tete oO.) EXHIBIT. td PAGE RLED.1EWM 9/92 Approved for use under rule 10-1.1(0) of The Rules Regulating The Florida Bar LIGENSED TO ESSLINGER ¢ WOOTEN » MAXWELL, Inc., Realtors! MAL Mil a. 2 OF PREMSES. Tenant srai use ‘ne Premuses only ! acc any resmic Occasicnahoverngrt guesarad are not (ore one cermittes. Ar cecas onal overrg7! calenear month Landlord's antten anorcvals fis cot {rds ane) required "9 allow aryor?: Tanant may / may Pot {arde one) keep cr allow Deis of anras: on ine Pree seg witho.t Tenant snail rot keep any dangerous oF fammacie tems that might “crease Terant shall ret create any envronmental nazards on cf about Ne Premises, Terant shall rol cs delace, damage. ‘roair, or remeve any oar of the Pramisas Belen g'7g ‘0 ardlord, ror oeTt any perscn 0 Ge $0. Terant may Kray acl one} make any alterations cr mcroverrer's '0 ["e Promses othout “rst soiaineg Lancto 5 witlen cersent whe aiteraicr cr meorcvemart. Tenant must act, and require allother persons cn tha Premises 0 ac, na marr’ MAINTENANCE. Landiord and Tenar: agree that ire maintanarce cf! f regidentia! Ourpeses. Tena also 393. tors mal acpy ‘othe Premises Lanc:ord wl qve Tenant notice yang ‘aqure aryone sn he Prem:ses “0 obey. al AWS con's “hat agpty ‘o“he Premises, S115 ne ano does vot sty ove than __2 nigats “9 ary cy me Far ses. stany re “N¢ oe Ccpval at ‘re 2 rareamay 0 amitirg the canget 2! fr or darrage on the Premises wincut Landiorc $ consent gor co7situle a creacn of tre Neace. er hat does "c! unraasoraby csture any "eg" na Prem y the ogrscn ng tala ba cw must oe certormi A. Structural ard Butding Codes. (Circle 1, 2, or 3 -—- this election (nust be made.) 1 Landlord srall nave no mainterance ‘espensitiltes . ineuding “arte but Tarant has ac obtigation to repair 2 Tenant jais 9 ceftorm ts ocligarons Jnder the Lease. and ‘he failure § sucn that Tenant srcuid cot be given an ogpertunity to correct H OF the fadure cccurs witue 72 months af a wetter warning by Landlord of a similar ‘ature. Zxampies of such faiures whicn co nal require an oppertunity tc correct jd@ ul af@ POL! Mr ted 10. Vesitucton, camage, cr misuse of Landlerd’s or ather Tarart s prcpery ty an intannonal ac: of 4 subsequent of conne.ed unreasoracie disturaance. apt as srawdext acove, Tera ‘alls to Certorm any other opigation under “e Lease arc ‘he cefault continues tor more tnan 7 days after delivery ct stan nenca ‘a Tenant ic Cancterd specitying tha default wawer of Catauit. Landiorg accents rent know:ng of Tenants delauit or accects perermarce Sy Tanant of any provision cf the Lease diferent trom tre nedermance "equired cy the 2ase, oF dE Terant pays rent knowing of Larclara s default cr * partermance by Landlord ct any provision of tne Leasé ferent trom the pertormance recused oy the Lease. tre party accecting ‘re -ant of performance ar mauirg the payment snaii nol nave: the gnt to lermunaty tre Lease of ta orng 4 ‘awsuit lor that defaull, oul may enfcrce any later adtault, XV, REMEDIES ANO DEFENSES. a Tenants Remeces. dhas colauited under tne Lease and it Terant nas given Lardiord 4 srittan notice ces 1g ine defaut and Terarts intention to wabno'd rent + got carmected wit. 7 days. Te may wahnold ar amour: cf rent dua: ‘o the [988 in rental vatue Caused by the detault. If Tenants ge8 Lana ord ‘rat Terant nlancs to tarmnate the ‘ease the de’aut:s rot cured witha 7 days and ine defaull Ss nct cured wrnin the 7 days, notice at Tenant may emirate ne Lease. 2 if Fanart yas gven ne Terce raterred to in subparagrapn (*) above. and it Lansord has sracted ‘he defaut winin 7 days. Tenant may, in adaition ra vathrcia ng ine apcabie amount of 21, fe a lawsull:r county Coun to reguite Landicra 19 correct ne defau't ard fer damagas. ‘lars 2 2emisos unnhabilable, anc it Tenant has g ven Lanolerd a eotica descnning she cefauit and inform.ng Landiora tha: Taeant intends se, than i Larclord does net cure the catault wattin the 7-day ceric. Tenant may terminate the Lease at Ihe end ct tha T cays 2 Wangio’s vial greater. ‘cr 2a Langiong s Remed 6s 3 tehauit MaKe! armnate ne XI, Langlord shaw be aabie 10 Tenacl ter acta anc congequentia' camages 21 3 months’ rent, whicnever s ye pruwsis7s of Sec Vola”, E} 1 Tenant oma.ns anne Pramises after axciratien or terminator of the Lease without Lanc.cro s Reim:ssion, Landlord may tecaver possession a! the Sramses in ne Marnar ptevided [OF DY law. Landlord aiso may recover Goutle rent tor the pened during wnien Tenant refuses to vacate tre Premises. 2 if Teeart setauts uecer ite Lease cy faving 10 oay rent, as set forth in section XII(BY 1), Lanctera may terminate Tenant's aghts under the Lease and Tenant snail vacate the Premises: mrediately, If Tenant detauts under tne Lease for any inet reason, as set ferth in sections XIIKB)(2) or (3) above, smicate Terant’s nights under the Lease and Terant shall vacate ine Prem.ses with 1: 7 cays of delivery cf the nauce of termination, 9 cura a celaui inn (ne! Me specited in ine otice 10 Tenant, Landiara ay recover acssession of the Premisas as provided by law, Pshail cot recover possession cf inn Premises axcoct: {°F POSSASS-ON, b. wnne Trrant has sucetderec nassassion ot the Promises 12 Landlord: of : So when Tanant nus ucandoned ‘ne Premuses Anscnl aciua: knowledge cf abardorment, tna Premises snail be considered abandoned it Tenart 5. absent cea them ior at @ast ene-nait a Rental Installment Penod, he 1ent 1s not current, acd Tenant has not nottied Landlord, in wrting, of an wntened ADSUNCE, \Tenar’ nay detaded under ine Lease and Landiors hag obtwned a ‘anil ct possessicn, it Tenant nas surrendered possession of the Premises {0 Landy. oF | Tenant nas: acangoned the Premises, Lanuiard may’ 2 Weat Te Lease as temminaid, lelane COSSOSSICN IOr Larglora’s own acccunt, arg ary utter iabity of Tenant wil Oe ended; 2. retake Cossessicn of the Premises for Tonam’s account Tenant will reman batle for ma diference between rent agreed t0 be paid under ne Lease and rant Lanatord is able: recover in good tauh trom a new tenant. oF . ce. dg roineg. and Tenant will be able fer the rent as icomes due, 6% tLandicra ‘etakes possession st the Promises for Tenant's account, Lanotord must ake 4 geed faith elton 10 release tre Premises, Any rent received by Largicra as a resuit of the sew lease shal be deducted from the rent Gee trom Terant. For purpases of this section, “good ‘arth’ irying lo re-haase: tra Pram sax Tieas Wat Lanalord shail use at feast the same attorts to release Ihe Premises as were used in Ine intial rertal or at least the same efforts as Landicnd uses in atemoting ‘0 lease otmer sentar property. I does not tequita Landterd ‘0 give a preference in leasing the Premises over other vacant propor as that Lanulord owns cr has the sponsibility 10 rent, oier Remedies. Each patty also may have ater eemadies availabie al law oF equity. Celensas. 9 a lawsuit by Landlord ‘or possession of he Premises Oased ugen nonpayment of rent or. a lawsuit by Landlord seeking to chiain unpaid rer. Tanatd may assert as 2 defense Landlord's failure to perform required maintenance, as set fonn in Section Vil(A) above. Landlord's failure lo provide elective maimenanca, as set forth in Section VIB) above, snail not be 4 detense to any lawsut by Landiord for possassion of the Premises unless otherwise provided by tne Lease or applicable law. Tenant may aso ase any ‘other detense, whathe’ ‘egal cr aquitable, that Tenant may have. inctuding the defense of relalialery conduct. E. Payment af Rent to Court. la any lawsuit by Landlord for possession of tne Premises, if Tanant raisas any defense other nan payment, Tenant must pay info +n registry at the court the past dua rant sat fortn wn Landiccd’s ‘complain, of an amount determined by the cou, and the rent which comes due dung the ‘awsult, as it comes duu, Faruse of Tenant to pay the rent into the rogistry of the court will be a warver of Tenant's defenses other than payment. . F. Anamey’s Fees. In any lawsuit Orought to enforce the Lease of under applcaoie (aw, the party wno wins may recover ils reasonable court casis and attomeys’ tees Irom the party who loses. * XV. ASSIGNMENT AND: SUBLEASING. Tenant may / may nat (ercle one} assign the Lease or sublwase all of any pat of the Premises without first obtaining Landlord's yeriten aaproval ana consent othe assignment or sublease. fone) * XV. RISK OF LOSS. Lanalord snail / sha: net (ere ong) be liable lor any loss by reason of damage. theft, cr otherwise to the contents, belongings, and personal eX ects of the Tenart, of Tenant's faruy, agents, employees, guesis, or visitors ‘gcated in of abcut the Premises, or for damage cr intury to Tenant or Tenant's sarely agents. errpicyees. guests oF wsitors, Landlord snall not be liabie if such damage. thelt. cf ‘Oss IS ‘caused by Tenart. Tenant's family, agents. empiayees, ¢ Nothing conlained in ‘his prav.sicn shal relieve Landiord 9° Tenant from responsibility for logs, damage. or injury caused by its own ul conduct oF a8) erce or 4 XVI. SUBORDINATION. The Lease is sutcrainate ‘0 the lien of any mortgage enc.umbaring the fae titte ‘o the Premises fram time to time Mi. LENS, Terant sal not have ie rigat cr autnonty 10 ercuminar the Premises of 10 peril any Ce"S0N 10 CAM or assert any lien for the mprovernent or repair or nade ty Tarrant, Tenaril snai notly all pares: performing work cr the Premises a Terart's request that the Lease does not allow ary lians to o's nlerasi che Premises amacn to Lar APPROVAL CONTINGENCY. The Lease is 1g not (circle ona} conditioned ucon approval of Tenant oy the association (hat governs the Premises. PENEWAL/EXTENSION. The Lease can be renewed oF extended only by a written agreement sgred Cy Cath Canglord and Tenant, but no renewel may extend the term to a date more than 1 yeer after tha lease bagns. 4 new ‘ease 1S requited lor each year acstes, Tena*t sna nol Te labe “of fent Juing Re penad the Premises e od MIS ZLLANEOUS: wag othe 233e uirermerts scecicay Tenored 1 ihe Le: “otre enall ieclude al acp’ccriate gence’s. rained in ihe Lease set’ mp ine corctele understans 1 Tre agreements c Lanalerd and Tenant vill use good faith in periermng (Per CCG roa7mano in abulloing in sutGent-quanties. pray cresent heatth 9348‘ Cerscns who afo expesed ‘s (aver have been fourd ' ouilings 0 Fonda, Acational efermancn regard.ng 4007 and The Lease has een executes by ihe caries or the catas inaicatad Detow got Executed py Landlord in ine ores —_— TA ee Pent Name ot CA: Leo Punt Name 2 witnesses needed for Landiord Executed by Tenant in tne oresence al Print Name OATH Ry Ae ~OR4 Print Name: Os ricknle CRaa] 2! abut TERESA (MUCNTE Print Name: 2 witnesses needed for each Tenart This torm was completed with the assistance of Name Auuress: Telephone No tra news, personal fecresentatn = “Mrerevet used. ‘72 singuar “aMDer shay clude Me plural or SNguAr apd the use g cf ne cares and may rc: be changed cr lerrinated ay. No agreement 1c accept surercer of ne Promises tom Terart we be valid ~1ess 04" Al questions concerning the maaning, axeCut:ch, COPSINCicr attact, vascity, ard enters: ne piace for filing ary suits of other proceedings th rescect to whe Lease shall he ™e county 1 wwhon the Premises is located. +g unaer me Lease As recured by law. Landiora makes the tollowing a'se:csure. ‘RACCN GAS. Racon $ a naturally accurnng radioactive gas ‘nat. adden testing may 08 CD% Tana ¢, SUCCRSSC’S. ANG PErilted assigns ct Langiord and Terman, Sut ect Sof ee ning and sigred by Laroierd. cement of the Lease shall be determined purs.ant "0 72 aw O2-HNOV | 2 whee itras accumugted sma, Levels of radon that exceec feceral and state queciateéd med trom your COURT Pubsc heat unt _ Miguel Marqui 4 ie Attorney in fact L bsatibed ature Date. jnnas Sygnature \ uyio Galleti Cini Marie Galleti.. ae Print Tenant Name Cle Data ss Addendum to Contract to Lease _ This is an Addendum to she Conirac: to Lease by an benween Miguel Marquez ulio Gallen and Gim: Mary Galleti dated June 1. Sy Luis Lorie his attorney in fact and J 1998 for the premises at 7340 sw 93%, Place. Miami FL33173 as follows: L. The Lease shall be for of term of two years. May 31 .2000 upon the same tems and conditions. Pitot in- Fred’ Gis Lorie, his atrorney in fact (O GigkMary Gallet } acl A Ons / Dogument prepared by Luis\Lorie 4 e& corre seme. am i 7 Bese thea : wae fat O2NOV 12 PH 2:19 y hd - wWwETRISTRATIVE iCARINGS 174 MEMORANDUM DATE: July 16, 2002 TO: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, LEGAL SECTION FR: PROBABLE CAUSE PANEL, REAL ESTATE COMMISSION SUBJECT: 200085008 Teresa B. Pierson DATE OF PROBABLE CAUSE PANEL MEETING: 7/16/02 MEMBERS OF PANEL AT THIS MEETING: Marie Powell Lou Janney I HEREBY ACKNOWLEDGE THAT I HAVE REVIEWED THE INVESTIGATIVE FILE IN THE ABOVE REFERENCED CASE AND BY AFFIXING MY INITIALS HERETO INDICATE MY VOTE. : , FINDING PROBABLE CAUSE AND THUS TO PROCEED WITH ADMINISTRATIVE/INJUNCTIVE ACTION IN ACCORDANCE WITH THE PROPOSED ADMINISTRATIVE COMPLAINT/CLOSING ORDER/MEMO. Chairman noted

Docket for Case No: 02-004372PL
Issue Date Proceedings
Jan. 09, 2003 Order Closing File issued. CASE CLOSED.
Jan. 08, 2003 Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile).
Dec. 26, 2002 Petitioner`s Notice of Service of Response to Respondent`s Second Request for Production (filed via facsimile).
Dec. 26, 2002 Petitioner`s Notice of Service of Responses to Respondent`s First Interrogatories to Petitioner (filed via facsimile).
Dec. 18, 2002 Respondent`s Notice of Service of Respondent`s Response to Petitioner`s First Request for Production, Petitioner`s First Request for Admissions, Petitioner`s First Interrogatories (filed via facsimile).
Nov. 22, 2002 Petitioner`s Notice of Service of Petitioner`s First Request for Admissions to Respondent (filed via facsimile).
Nov. 22, 2002 Petitioner`s Notice of Service of Petitioner`s First Interrogatories to Respondent (filed via facsimile).
Nov. 22, 2002 Petitioner`s Notice of Service of Petitioner`s First Request for Production (filed via facsimile).
Nov. 21, 2002 Order of Pre-hearing Instructions issued.
Nov. 21, 2002 Notice of Hearing issued (hearing set for January 17, 2003; 9:30 a.m.; Miami, FL).
Nov. 20, 2002 Petitioner`s Response to Initial Order (filed via facsimile).
Nov. 15, 2002 Request for a Formal Hearing (filed via facsimile).
Nov. 13, 2002 Initial Order issued.
Nov. 12, 2002 Administrative Complaint filed.
Nov. 12, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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