U - /d 2 Ob HAY 21 ANTE: WG STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: FLORIDA REAL ESTATE COMMISSION Sekt FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 200180091 200180092 HILDA BELL AND SHARMIC REALTY PROPERTIES, INC., Respondents. / ee ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Hilda Bell and Sharmic Realty 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, in particular Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated pursuant thereto. 2. Respondent Hilda Bell is and was at all times material hereto a licensed Florida real estate broker, issued license number 349586 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker with Sharmic Realty Properties, Inc., 4385 Rock Island Road, Lauderhill, Florida 33319. FDBPR vs Hilda Bell FDBPR Case N° 200180091 Administrative Complaint 3. Respondent Sharmic Realty Properties, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1010817 in accordance with Chapter 475 of the Florida Statutes. The Jast license issued was at the address of 4385 Rock Island Road, Lauderhill, Florida 33319. 4. Atall times material hereto, Respondent Hilda Bell was licensed and operating as qualifying broker and officer of Respondent Sharmic Realty Properties, Inc. 5. On or about June 27, 2000, Respondents conducted a real estate transaction for property commonly known as 4158 West Inverrary Blvd., Fort Lauderdale, Fl 33319. A copy of the contract is attached hereto and made a part hereof as Exhibit 1. 6. Said transaction was scheduled to close on or before July 30, 2000. 7. Atall times material, Buyer had placed with Respondents a total of $2,500 for deposit on said property. 8. Buyer of said transaction signed a mortgage commitment on August 23, 2000. A copy of the mortgage commitment is attached hereto and made a part hereof as Exhibit 2. 9. Atall times material, Respondents returned Buyer’s deposits to Buyer. 10. At all times material, there was a dispute as to who should receive the deposit. A copy of the demand for deposit is attached hereto and made a part hereof as Exhibit 3. 11. Atall times material, Respondents did not notify FREC of an escrow dispute. FDBPR vs Hilda Bell FDBPR Case N° 200180091 Administrative Complaint COUNT I Based upon the foregoing, Respondent Hilda Bell is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT 0 Based upon the foregoing, Respondent Hilda Bell is guilty of failure to provide written notification to the Commission within fifteen business days of the last party’s demand and failure to institute one of the settlement procedures as set forth in Section 475.25(1)(d)1., Florida Statutes, within thirty business days after the last demand in violation of Rule 61J2-10.032(1)(a) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT Ul Based upon the foregoing, Respondent Sharmic Realty Properties, Inc. is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT IV Based upon the foregoing, Respondent Sharmic Realty Properties, Inc. is guilty of failure to provide written notification to the Commission within fifteen business days of the last party’s demand and failure to institute one of the settlement procedures as set forth in Section 475.25(1)(d)1., Florida Statutes, within thirty business days after the last demand in violation of Rule 6152-10.032(1)(a) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. FDBPR vs Hilda Bell FDBPR Case N° 200180091 Administrative Complaint FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 12. Petitioner realleges and incorporates herein Paragraphs One through Four. 13. On or about May 17, 1996, the Florida Real Estate Commission issued a final order disciplining Respondents. A copy of the final order is attached hereto and incorporated herein as Exhibit 4. COUNT V Based upon the foregoing, Respondent Hilda Bell is guilty of having been found guilty for a second time of any misconduct that warrants her suspension or has been found guilty of a course of conduct or practices which shows that he is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors, or those with whom she may sustain a confidential relation, may not safely be entrusted to her in violation of Section 475.25(1)(0), Florida Statutes. COUNT VI Based upon the foregoing, Respondent Sharmic Realty, Inc. is guilty of having been found guilty for a second time of any misconduct that warrants its suspension or has been found guilty ofa course of conduct or practices which shows that it is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors, or those with whom it may sustain a confidential relation, may not safely be entrusted to it in violation of Section 475.25(1)(0), Florida Statutes. FDBPR vs Hilda Bell FDBPR Case N® 200180091 Administrative Complaint WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 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 (2001) and Florida Administrative Code Rule 6152-24.001. 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 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 (2001) and Florida FDBPR vs Hilda Bell Administrative Complaint Administrative Code Rule 61J2-24.001. FDBPR Case N° 200180091 SIGNED this AD. day of l us Dre a4 , 2003. Prog Dapatims nt of Civision of Pea eras ! Estate JPH/k PCP: PH/HF 8/03 SOMA! Pani teas onal Raouletien Stak Department of Business and Professional Regulation By: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER James P. Harwood, Senior Attorney Florida Bar N° 0425941 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX 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. FDBPR vs Hilda Bell FDBPR Case N° 200180091 Administrative Complaint 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 Fina] 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. Re —_——— 4385 Rock Island Rosd +’, Se E25 pOSIT RECEIPT AND CONTRACT FOR SALE AND PURCHASE (Ff wy a. Do: Oflice: (954) 454-7740 Fax: (954) 484-1989 5 , . ; 6 {lf FHA, VA or CONDOMINIUMIHOMEOWNER’S. ASSOCIATION CONTRACT, ADDENDUM REQUIRED.) 7 = ‘ - i . 8 BUYER ZIMA Arl GE 9 SELLER ary the aligning 10a property (Real Property?) and 10 Buyer and Seller hereby agree that Seller shall sell and Buyer shalt buy the following real property ape y in 11 personal property (‘Personalty*) (collectively “Property } upon the following terms and conditions and any addendum 12 this Contract. 5 . 0300 13 1, LEGAL DESCRIPTION of real estate located in Bw Du) AAD County, Florida. TAX FOLIO # 494 123 DIOR? 14 P 8 VManots SF rENUe Khaky J-qG@ Unit 20¥ } y 7 va) 18 a " a 1S s coMpLeTE PROPERTY AopRess: “+1 $3 wat ~Tiwvests Biso, fret Cano. ce a 52227 . 20 . . 4 21 1.2 Seller represents that the Property can be used for the following purposes: I Dower. 22 2. PERSONAL PROPERTY INCLUDED: All fixed: items including: all landscaping; window -scre@ns, window 23 treatments and hardware; wall-to-wall or attached floor coverings and attached lighting fixtures as now installed on the 24 Real Property. Also included are the following checked items: ; 25 _&"_ range, _d-_ refrigerator, + dishwasher, _____ disposal, ___ microwave oven, .___. trash compactor, 26 washer, ___. dryer, ____ ceiling fans, ___ sciar systems, ____. satellite dishes, security/alarm 27 systems, ______ pool cleaning equipment: (DESCRIEE):_ 38 21 ADDITIONAL PERSONAL PROPERTY \NCLUDED: 2 29 ee 30 oe ~ 31 2.2 PERSONAL PROPERTY NOT INCLUDED: __—. : _ 32 2.3 LEASED ITEMS: __. security/alarm systems, ___ propane fanks, solar equipment, ____ satellite 33 dishes, other, 34 34 PURCHASE PRICE IS: (In.U.S. funds)....cscccererererseeren sm ese reese 2004 $56 20° 36 METHOD OF PAYMENT: Geo 37 3.1 Deposit made at the time Buyer executed this document . ..cee cece rte ee sere ees er ee ee $ CO . 38 3.2 Additional deposit due within aan United States banking days after Effective Date. 2000 39 Time Is of the essence as to additional deposit...» vs rere a cr peptec eee ene een es AP OO 40 ALL DEPOSITS TO BE HELD BY: _ +r on cKO by re ot 41 3.3 Amount of new note and mortgage to be executed by Buyer to any lender ot than Seller,. $_SOY¥2O 42 TYPE OF MORTGAGE: . 43 (CHECK ONE) ( ) Conventional, ( _) FHA, ( )VA (if FHA or VA see Addendum) 44 (CHECK ONE) ( ) Prevailing Rate & Terms; OR ( ) interest Rate % & Term Years 45 (CHECKONE) ( ) fixed Rate, ( ) Variable rate with a maximum ceiling of % 46 Other terms: 47 3.4 Existing mortgage balance encumbering the Property to be ASSUMED by Buyer approximately $, 48 Mortgagee Name __ Loan #. _ ’ 49 (CHECK ONE) (_ ) Fixed rate not to exceed the rate of % 30 (__) Variable current rate with a maximum ceiling of % 31 Balloon Mortgage: ( )Yes ( )No Balloon Due Date: ' 32 Other tems: 53 3.5 Purchase money note to Seller secured by a ( y4stOR( — ) 2nd purchase money morigage, 54 bearing Interest at the rate of % per annum with payments based on years 35 amortization OR payable $ principal and interest per eee $. 56 Balloon Mortgage: ( )Yes ( )No Balloon Due Date: 57 Due onsale: ( )Yes ( °)No No prepayment penalty. 58 3.6 OTHER CONSIDERATION: . . & 59 3.7 Approximate additional payment due at closing in U.S. currency or LOCAL CASHIER'S CHECK 3/60 60 (This ammount does not include Buyer's closing costs and/or prepaid items) .....---- +--+ +++ $. . 61 3.8 TOTAL PURCHASE PRICE .. 0... rece eee terre tree center rennet eres eee eee . $Beeco 62 _ ar 63 4. TIME FOR ACCEPTANCE: If, by 5:00 p.m. Ja) = IG, 2ooc_, this offer is not executed by all 64 parties and delivered to all parties or thelr Authorized Representative, this offer Is withdrawn and al! deposits will be 65 retumed to Buyer. o 66 5. FACSIMILE: A legible facsimile copy of this entire Contract and any signatures hereon shalt be considered as 67 originals. 68 6, EFFECTIVE DATE: The effective date of this Contract (“Effective Date") shall be the day upon which it becomes 69 fully executed by all parties. a 70 7. TIME: Time periods herain of less than six (6) days shail in the computation exclude Saturdays, Sundays and state 1 or national legal holidays, and any time period provided for herein which_shall end on Saturday, Sunday or legal nn holiday shall extend to 5:00 p.m. of the next business day. . a 73. 8 CLOSING DATE: This Contract shall be closed and che deed and possession shall be delivered on or before the a Exo day of sly : 22? ) _, unless extended by other provisions of this Contract or separate 75 agreement. 76 For 1001 PAGE 1 OF 6 (Revised 03/28) RECEIVED “APR 112091°s DIVISION OE Heal RSIATE : \ /of 95 / PAGE ISTRATIVE COMPLAINT EXHIBIT # F 7 79 30 s2 , bee fe te yt uisy Ww abN eared Kon, Laud peo eres property aooress: (872 aad (Address) (City) (2p) 9. DELIVERY TO AUTHORIZED REPRESENTATIVE: Delivery of any document required or permitted by this Contract to be delivered to Buyer or Seller shall be deemed to be delivered when delivery has been made to such party's Authorized Representative (‘Authorized Representalive’) 9.1 DEFINITION OF AUTHORIZED REPRESENTATIVE: Authorized Representative shall include: 9.1.1 any licensed Florida attorney representing Buyer or Seller in this transaction (as to the party the attorney represents); 9.1.2 any person specifically authorized in writing by Buyer or Seller to receive documents required by this Contract; 9.1.3 as to Seller, the Florida real estate licensce(s) shown as listing salesperson(s) and the Broker(s) of such licensee's real estate firm; 9.1.4 as to Buyer, the Florida real estate licensee(s) presenting this document to Selicr or Seller's Authorized Representative and the Broker(s) of such licensee's real estate firm. 10. EVIDENCE OF TITLE: Seller shall, at Seller's expense, furnish to Buyer or Buyers Closing Agent not less than fitteen (15) days prior to closing either: (1) a certified abstract of litle which shall commence with the earliest public records with certified search through the Effective Date; or (2) a prior owner's title insurance policy issued by a currently licensed title insurance company and partial certified abstract or certified search from the date of such policy through the Effective Date, Sciler shall convey a marketable ttle, subject only to liens, encumbrances, exceptions on qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable Title Stanclards adopted by The Florida Bar and in accordance with the faw. . 40.4 PALM BEACH COUNTY: If the Property is located in Palm Beach County, Seller shall, at Seller's expense, deliver to Buyer or Buyers attorney, a title insurance commitrnent and policy issued by a Florida licensed title insurer acceptable to major institutional lenders in the county where the Property is located agreeing to issue to Buyer , upon recording of the deed (o Buyer, an owner's policy of title insurance in the amount of the Purchase Price, insuring marketable titlo in Buyer to the Property subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seiler at or before closing. 10.2 RELEASE OF RESERVATIONS: Seiler shall use best efforts to obtain releases of canal reservations, oil, gas and/or mineral reservations, if any. Failure to release reservations or right of entry for oil, mineral and gas reservations shall constitute a title defect. 40.3 TITLE DEFECTS: Buyer shall have ten (10) days from the date of receiving evidence of title to examine same. If title is found to be defective, Buyer shall within said pesiod, notify Seller in writing specifying the defects. if such defects render the title unmarketable, Seller shall have thirty (30) days from the receipt of such notice to cure the defects, and if after said period Seller shall not have cured the defects, Buyer shall have the option of (1) accepting title as il then is; or (2) terminating this Contract by delivery of written notice to Seller or his Authorized Representative. and deposits shal! be returned to Buyer and all parties shall be released from all further obligations herein, 441, SURVEY: Buyer, at Buyer's expense, within the time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certified by a registered Fiorida surveyor. If the survey shows encroachment on Real Property or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable govemmental regulatjon, the same shall constitute .a title defect, If the Property is located east of the Intacoastal Waterway it may be affected by the Coastal Construction Control Line as defined in F.S, 161.053, 12. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, or fiduciary special warranty decd, if applicable, subject only to land use designation, zoning restrictions, prohibitions and other requirements imposed by governmental authority; restrictions, easements and maitters appearing on the plat or otherwise common to the subdivision; public utility easements of record which are located contiguous to Real Property lines and not more than ten (10) feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines (unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any, (provided there exists at closing no violation of the foregoing and none of them prevents the use of the Property for the purpose represented in this Contract), matters contained in this Contract and matters othenvise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as are otherwise provided herein. 43, EXISTING MORTGAGES: Seller shall obtain and furnish a statement from the morigagee setting forth the principal balance, method of payment, interest rate, and whether the mortgage is in good standing. If there are charges for the change of ownership, including charges for assumption, they shall be paid by Buyer unless the total charges exceed one percent (1%) of the unpaid balance of the rnortgage. If the total cost of the above items exceed one percent (1%) of the unpaid balance of the mortgage to be assumed, then either party shalt have the option of paying any arnount in excess so that the entire cost is paid, and this Contract shall remain in full force and effect. However, if neither party agrees to pay the additional amount, then, ether party may terminate this Contract by delivery of written notice to the other party or his Authorized Representative, and deposits shail be retumed to Buyer and all parties shall be released from all further obligations herein. . 43.1 APPLICATION AND QUALIFICATION: Buyer shali make application for assumption of the existing mortgage within ___ banking days (five (5) banking days if this blank is not filled in) after the Effective Date. Buyer agrees to make a good faith, diligent effort ta assume the existing mortgage and agrees to execute ali decuments required by the morigagee for the assumption of said mortgage. If the mortgagee does not give written consent to permit the Buyer to assume the existing mortgage at the rate and terms. of payment previously specified within _____ banking days (twenty (20) banking days if this blank is not filled in) after the Effective Dale, cither parly may terminate this Contract by delivery of written notice to the other party oc his Authorized Representative, and deposits shall be returned to Buyer and all parties shall be released from afl further obligations herein. This right of termination shall cease upon Buyer obtaining written approval for assumption of the mortgage prior to the delivery of the notice of termination. 43.2 VARIANCE: Any variance in the amount of a mortgage to be assumed and the amount stated in the Contract shall be added to or deducted from the cash payment. If the mortgage balance is more than three percent (3%) iess than the amount indicated in the Contract, Seller shall have the option of adjusting the Purchase Price to an ammount where the differential is no more than the three percent (3%) allowed, and if Seller declines to do so, then either party may terminate this Contract by delivery of written notice to the other party or his Authorized Representative, and deposits shall be retumed to Buyer and ail parties shall be released from all further obligations herein. This notice must be given not Jess than five (5) days prior to the closing. . Form #1001 PAGE 2 OF 6 RECEIVED (Revised 03/98) APR 112001 /o[4 DIVISION OF RAL bolark ~- Zz ca = a. se eee 219 220 221 222, 223 224 225 226 227 228 229 230 234 232 233 234 PROPERTY ADDRESS: __ : * (Address) or) (Zp). 43.3 DISPOSITION OF ESCROW BALANCE: If Buyer assumes a morigage, Seller shall receive as credit at closing an amount equal to the escrow funds held by the mortgagee, yhich funds shall thereupon be transferred to Buyer. 44, NEW MORTGAGES: If Buyer executes a mortgage: all costs and charges incidental iherelo shal} be paid by Buyer, Except as hereinafter provided, any purchase rroncy note and mortgage to Seller shall follow a form with terms generally accepted and used by institutional lenders doing business in the county where the Property is located. A purchase money mortgage shail provide for an annual proof of payment of taxes and insurance against toss by fire wth extended coverage in an amount not less than the full insurable value of the improvements. A first mortgage and note shail provide for acecieration at the option of the holder after thirty (30) days default; for junior mortgages this shall be ten (10) days. The note shall provide for a late charge of live percent (5%) of the payment due if payment is received by the mortgagee more than ten (10) days after the due date and mortgagee has not elected to accelerate. Junior mortgages shall require the owner of the Property encumbered to keep all prior liens and encumbrances in good standing and shall forbid the owner from accepting modifications or future advances under any prior mortgages. Any prepayment shall apply against principal amounts last maturing. 14.1 PREQUALIFICATION: Within days (five (5) banking days if this blank is not filled in)after the Effective Date, Buyer shall provide to Seller a letter from a tender stating that, based on a review of Buyers application and credit report, Buyer is prequalified for the mortgage loan indicated in Paragraph 3.3 of this Contract. if Buyer fails to provide such letter within that time, Seller may terminate this Contract by delivery of written notice to the other party or his Authorized Representative and deposits shail be returned to Buyer and ail parties shail be released from all further gbligations herein. This right of termination shall cease upon Buyer obtaining a loan commitment prior to delivery of the notice of termination. 44.2 APPLICATION AND QUALIFICATION: ff this Contract provides for Buyer to obtain a new mortgage, then Buyer's performance under this Contract shall be contingent upon Buyer obtaining said mortgage financing upon the terms stated, or if none are stated, then upon the terms generally prevailing at such time in the county where the Properly is located. Buyer agrees to apply within banking days (five (5) banking days if this blank is not filled in) after the Effective Date and to make a good-faith, diligent effort to obtain mortgage financing. If within banking days (thirty (30) banking days if this blank is not filled in) after the Effective Date, Buyer fails to obtain a joan commitment, or after diligent effort Buyer is nat able to comply with the terms and conditions of the loan commitment, and Buyer does not waive Buyer’s rights under this subparagraph within the time stated for obtaining the commitment, then either party may terminate this Contract by delivery of written notice to the other party or his Authorized Representative, and deposits shall be retumed to Buyer and all parties shall be released from ali further obligations herein. This right of termination for failure to obtain a loan commitment shall cease upon Buyer obtaining a loan commitment prior to delivery of the notice of termination. 45, INSPECTIONS, REPAIR AND MAINTENANCE: Buyer shall have the right, at Buyer's expense, to have roof, seawall, dock, pool, electrical, plumbing, sprinkler system, window, septic system, radon, hazardous substance, environmental, termite, wood destroying organism, air conditioning and heating system, mechanical, structural and other inspections’ made by inspectors qualified and licensed to perform such services. All written reports of inspections together with the estimated cost of repairs and treatments, shall be delivered to Seller or Seller's Authorized Representative within fifteen (15) days after the Effective Date except any wood destroying organism inspection report shall be delivered not later than 20 days prior to closing date. If such reports and estimates are not delivered within the stated time, Buyer is deemed to have accepted the Property “as is.” If Seller disagrees with Buyer's inspection reports, Seller shall have the right to have inspections made at Selier’s expense. lf Buyers and Seller's inspection reports do not agree, the parties shall agree on a third inspector, whose report shall be binding. The cost of the third inspector shall be paid equally by Buyer and Seller. 45.1 DEFECTS: If inspections reveal functional defects, or if there is any termite or wood destroying organism infestation or damage, the cost of treatment and repair shall be at the expense of Seller. Age alone is not a functional defect nor are aesthetic defects which include: cracked roof tiles; pitted marcite; missing or torn screens; fogged windows; tears, worn spots and discoloration of floor coverings/wallpapers/window treatments; nail holes: scratches, dents, scrapes, chips and caulking in ceilings/walls/looring/tite/fixtures/mirrors, and minor cracks in floor tilesiwindows/driveways/sidewalks/pool decks/garage and patio floors. Seller is not obligated to bring any item into compliance with existing building code regulations if such iiem complied with the building code regulations at the time it was constructed unless necessary to Tepair a warranted Item. 18.2 LIMITATION: If the cost of repairs and treatments exceeds (2% of the Purchase Price if this blank ig not filled in), Buyer or Seller may elect to pay such excess, failing which, either party may terminate this Contract by delivery of written notice to the other party or his ‘Authorized Representative and deposits shall be retumed to Buyer and all parties shall be released from all further obligations herein. ‘ 45.3 WALK THROUGH INSPECTION: Buyer is entitled to a walk through inspection immediately prior to closing to verify compliance with this section and to verify that no major functional defects have occurred: subsequent to the inspections. Seller warrants that all appliances and machinery included in this sale shall be in working order at closing. 15.4 UTILITIES: Seller shall provide utility services for all inspections. All parties and their Authorized Representatives have the right to be present at the time of all inszections and shall be given reasonable notice of the schedule of all inspections. t's ESCROW FOR REPAIRS: If repairs and ircatments are not completed prior to closing, uniess prohibited by Lender, sufficient funds shail be escrowed at closing to effect such repairs and treatments. 45.6 MAINTENANCE: Between the Effective Date and the closing, Seller shall maintain the Property, including but not limited to the lawn and shrubbery, in the same condition as of the Effective Date, ordinary wear and tear excepted. Seller shall vacate the Property and remove all {urniture and personal items not included in this Sale, and ieave the | Property in aciean, broom-swept condition before the time set for closing. 416, ENVIRONMENTAL CONDITION: Seller is not aware of any prior or existing environmental condition, situation or incident on, at, or conceming the Property or any adjacent property that may give rise as against Seller or the Property to an action or to liability under any law, tule, ordinance oF common law theery. This representation shall survive the closing. 47. INSURANCE: The premium on any hazard or flood insurance policy in force covering improvements on the Property shall be prorated between the parties, if assumed, {f insurance is to be prorated, Seller shall, at closing. furnish to Buyer all insurance policies or copies thereof. If insurance cannot be obtained, Bere of tropical storm activity, either party may delay closing until insurance can be obtained. Form #1004 PASE 3 OF 6 APR 112001 Reset 889) DIVISION CE REAL ES IAre lh ADMINISTRATIVE COMPLAINT. co eam imme RE a PROPERTY ADDRESS: ee {Address} (Cty) (Zip) 48, SERVICE CONTRACTS: Buyer has the option of accepting or rejecting any continuation of service contracis. provided the service contracts are assignable to Buyer. If accepted, the cost thereof shall be prorated. Any transfer fee shall be paid by Buyer. ; 19. INGRESS AND EGRESS: Seller covenants and warrants that there is ingress and egress to the Property over public or private roads or cascments. 20. LEASES: Unless indicated under Special Clauses, at closing there shall be no lease or right of occupancy encumbering the Property. If applicable, Seller shall, ten (10) days prior to closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of said tenant's occupancy, rental rate. advance rents or:security deposits paid by tenant. If Seller is unable to obtain estoppel letters from tenants, the same information may be furnished by Seller to Buyer in the form of a Seller's affidavit. 21. SELLER'S AFFIDAVIT: Seller shalt furnish to Buyer at closing an affidavit attesting to the absence of any financing statements, claims of lien or potential lienors known to Seller. If the Property has been improved within ninety (90) days prior to closing, Seller shall deliver to Buyer an affidavit setting forth names and addresses of all contractors, subcontractors, suppliers and materialmen and stating that all bills for work on Property have been paid. Buyer may require releases of alll such potential liens. The affidavit shall state that there are no matters pending against Seller that could give rise to a tien that would attach to the Property between the disbursing of the closing funds and the recording of the instrument of conveyance, and that Seller has not, and will not, execute any instrument that could adversely affect the title to the Property. . \ 22, DOCUMENTS FOR CLOSING: If applicable, Seller shall prepare and provide deed, purchase, money mortgage and note, assignment of Icases, bill of sale, Seliers affidavits, FIRPTA affidavit, survey or affidavit ‘regarding coastal construction control line, F.S. 161,57, and any corrective instruments that may be required in connection with perfecting the title. Buyer's closing agent shall prepare the closing statement. 23. EXPENSES: Abstracting prior to closing, governmental lien searches, cost of obtaining payoff and estoppel! letters, state docymentary stamps on the deed and the cost of recording any corrective instruments, shall be paid by Seller. Intangible personal property taxes and documentary stamps to be affixed to the purchase money mortgage, if any, or required on any mortgage modification, the cost of recording the deed and purchase money mortgage and documentary stamps and recording costs assessed in connection with assumption of any existing mortgage shall be paid by Buyer. 24, PRORATION: Taxes, insurance, assumed interest, utilities, rents, and other expenses and revenue of the Property shall be prorated through the day prior to closing. Taxes shall be prorated on the current year's tax, if known. If the closing occurs at a date when the current year’s taxes are not fixed. and the current year’s assessment is available, taxes will be prorated based upon.such assessment and the prior year's millage. If the current year's assessment is not available, then taxes will be prorated on the prior year’s tax; provided, however, if there are completed improvements on the Property by January 1st of the year of closing, which improvements were not in existence on January 1st of the prior year, then the taxes shall be prorated to the date of closing based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, requests will be made to the county tax assessor for an informal assessment taking into considetation homestead exemption, if any. However, any tax proration based on an estimate may, at the request of either party to the transaction, be subsequently readjusted upon receipt of tax bill. All such proralions whether based on actual tax or estimated tax will make appropriate allowance for the maximum allowable discount and for homestead or other exemptions if allowed for the current year. The covenants in this paragraph shall survive closing. 25. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of the Effective Date are to be paid by Seller. Pending liens as of the Effective Date shall be assumed by Suyer. 26, PLACE OF CLOSING: Closing shail be held at the office of the Buyer's closing agent if located within the county where the Property is located, and if nat, then at the office of Seller's closing agent if located within the county where: the Property is located, and if not, then at such place as mutually agreed upon. If @ portion of the Purchase Price is to be derived from institutional financing or refinancing, the requirements of the lending institution as to place, time and procedures for closing shalt control, anything in this Contract to the contrary notwithstanding. 27. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded and evidence of the title continued at Buyer's expense, to show title in Buyer, without any encumbrances or changes which would render Seller's title unmarketable, from the date of the last evidence, and the cash proceeds of sale may be held in escrow by Sellers attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than ten (10) days. If Seller's title is rendered unmarketable, Buyer's closing agent shail, within said ten (10) day period, notify Seller or Seller's attomay in writing of the defect, and Seller shall have thirty (30) days from date of receipt of such notice to cure said defect and shall use best efforts to do so. If Seller fails to timely cure said defect, all monies paid hercunder by Buyer shall, upon written demand therefore, and within five (5) days thereafter, be returned to Buyer and, simultaneously with such repayment, Buyer shail vacate the Property and reconvey the Property to Seller by special warranty deed. If Buyer fails to take timely demand for refund, he shall take title as is, waiving all rights against Seller as to such intervening defect except such rights as may be available to Buyer by virtue of warranties contained in deed. All payments including martgage proceeds shall be made in the form of U.S. currency, cashier's check or equivalent drawn on a financial institution with branches in Broward, Dade or Palm Beach County which must have at loast one branch in the county where the Property is located. The foregoing notwithstanding, if titie insurance is available, at standard rates insuring Buyer as to any title defects arising between the effective date of titie commitment and recording of Buyer's deed, proceeds of sale ‘shall be disbursed fo Seller at closing. 27.4 Possession and occupancy will be deliverad to Buyer at closing and funding. 27.2 The Broker's professional service fee shall be disbursed simultaneously with disbursement of Seller's closing roceeds, Oe ESCROW: Any escrow agent ("Escrow Agent’) receiving funds or equivalent is authorized and agrees by acceptance of them {o deposit them promplly, hold sarne in escrow and, subject to clearance, disburse them in accordance with this Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Escrow Agent's duties or liabilities under the provisions of this Contract, Escrow Agent may, at Escrow Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until judgement of a court of competent jurisdiction shall determine the rights of the parties, or Escrow Agent may deposit the subject matter of the Escrow with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying aii parties concemed of such action, all liability on the part of Escrow Agent shall fully terminate, except to the extent of RECE Form #4001 PAGE 4 OF 6 Cha Mes Qorsey . apritgon (o/s DIVISION OF REAL ESTATE NISTRATIVE COMPLAINT. ie) ¥ 314 PROPERTY AODRESS: _ 315 . ; : (Address) (ciy) Zp) 316 accounting for any items previously delivered out of escrow. Ifa licensed real estate broker, Escrow Agent will comply 317 with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Escrow Agent is 318 made @ party because of acting as Escrow Agent hereurider, or in any suit wherein Escrow Agent interpleads the 319 subject matter of the escrow, Escrow Agent shall recover reasonable attorney's fees and costs incurred with the fees 320 and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Escrow Agent 321 shail not be liable to any party of person for misdelivery to Buyer or Seller of items subject to this escrow, unless such 322 misdelivery is due to willful breach of Contract or gross negligence of Escrow Agent. ; : 323 29. RISK OF LOSS: ifthe improvements are damaged by fire or other casualty before delivery of the deed and can be :. 324 restored to substantially the same condition as existing on the Effective Date within a period of sixty (GO) days ‘325 thereafter, Seller may restore the improvements and the closing date and date of delivery of possession shall be 7326 extended ‘accordingly. If Seller fails to do so, Buyer shell have the option of (1) taking the Property “as is" together with 327 Insurance proceeds, if any, or (2) terminating this Contract by delivery of written nolice to Seller or his Authorized . 28 Representative, and deposits shall be returned to Buyer zind all parties shall be released from all further obligations jan erein. 330-30, ASSIGNMENT: This Contract is not assignable without the specific written consent of Seller if new mortgage 331 financing or an assumption of an existing mortgage is & coritingency. . . 332 31. ATTORNEY FEES AND COSTS: in connection with any ‘arbitration or litigation arising out of this Contract, the 333 prevailing party to the arbitration and/or litigation, whether Buyer, Seller or Brokers, shail be entitled to recover all costs 334 incurred including attorney's fees and legal assistant fees for services rendered in connection therewith, including 335 appellate proceedings and postjudgement proceedings. . 336 32, DEFAULT: If either party defaults, the rights of the non-defaulting party and the Brokers shall be as provided 337 herein and such rights shall be deemed to be the sole and exclusive rights In such event. If Buyer fails to perform any 338 of the covenants of this Contract, all money paid or to be paid as deposits by Buyer pursuant to this Contract shall 339 be retained by or for the account of Seller as consideration for the execution of this Contract and as liquidated damages 340 and in full settlement of any claims for damages and speuific performance by Seller against Buyer. If Seller fails to 343 perform any of the covenants of this Contract, all money faid or deposited by Buyer pursuant {o this Contract shall be 342 returned to Buyer upon demand, or Buyer shall have the right of specific performance. In addition, Selier shalt pay 343. forthwith to Brokers the full professional service fee provided for jn this Contract. Any controversy or claim between 344 Buyer and Seller arising out of or relating to this Contract. or a breach thereof, may be submitted to mediation prior to 345 arbitration or litigation. The mediators fees shall be paid equally by the parties of the mediation. Any of the above 346 proceedings shall be brought in the county where the Real Property is located and shail be conducted pursuant to 347 Florida Statutes relating to mediation, arbitration of litigation. ‘ 348 33, CONTRACT NOT RECORDABLE AND PERSONS BOUND: The benefits and obligations of the covenants herein 349 shall inure to and bind the respective heirs, representatives, successors and assigns (when assigninent is permitted) of 350 the parties hereto, Whenever used, the singular number shail include the plural, the plural the singular, and the use of 351 any gender shall include all genders. Neither this Contract nor any notice shall be recorded in any public records. 352 34, SURVIVAL OF COVENANTS AND SPECIAL COVENANTS: No provision, “govenant or warranty of this Contract 353 shall survive the closing except as expressly provided herein. . 354 35, CONCURRENCY: No representation is made regarding the ability to change the current use of or to improve the 355 Property under the Local Goverment Comprehensive Planning and Land Development Regulation Act (Chapter 163 ct 356 seq., Florida Statutes) or ary comprehensive plan or other similar ordinance promulgated by controling governmental 357. authorities in accordance with the Act. . 358 36, FIRPTA: All parties are advised that the LR.S. code requires Buyer to withhold ten percent (10%) of the Purchase 359° Price for tax on soles by certain foreigners. The tax will be withheld unless affidavits of compliance with the LR.S. code 360 or an LLR.S. qualifying ‘stalernent are provided to Buyer at closing. 361 37. DISCLOSURES: 362 37.1 RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 363 sufficient quantities, may present health risks to persons wio are exposed to it over time. Levels of radon that exceed 364 federal and state guidelines have been found in buildings In Florida. Additional information regarding radon and radon 465 testing may be obtained from your county public health unit. . 366 37.2 ENERGY-EFFICIENCY RATING: “In accordance with the Florida Building Energy-Efficiency Rating Act (Chapter 367 553, Part XI, FS. (1993)}, the Buyer of Real Property with a building for occupancy located thereon is notified that the 368 Buyer may have the building's eneray-efficiency rating determined.” Buyer acknowedges receipt of the Florida 369 Building Energy-Efficiency Rating System” Disclosure. . , 370 37.3 CLOSING COSTS: Buyer may be required to pay additional closing costs, including but not limited to: attorney S$ 37) fees, casualty insurance premiums, property tax proration, recording costs, survey costs, courier fees, tax service fees, 372 underwriting fees, document preparation fees, utility search feas, owner and mortgagee title insurance premium, taxes, 373 and costs associated with obtaining financing, such as: application fee. appraisal fee, credit report fee, and points of 374 assumption fee. : 315 374 SELECTION OF SERVICE PROVIDERS: 'f Brokers give Buyer oF Seller referrals to professional persons, 376 setvice or product providers of vendors of any type, including, but not limited to, lending institutions, loan brokers, 377 attomeys, title Insurers, escrow companies,’ inspectors, structural engineers, pest contro! companies, contractors, and 378 home warranty companies (‘Providers’) , the referrals are given based on the following disclosures: 379 37.4.1 Buyer and Seller are free to select Prov iders other than those referred or recommended by Brokers. 30 37.4.2 Brokers do not guarantee the performance of any. Providers. : ; Sat: 36 DISCLOSURE OF QATENT OEFECTS: Seller specifically acknowledges and understands that if Seller knows of 382 tatent defects matecially affecting the value of the Property, which are defects not readily observable, then Seller is 383 under a duty to disclose said latent defects to Buyer. Seller represents that if Seller knows of said latent defects, they 384 are set forth in writing under “Special Clauses” below or have been separately disclosed by Seller and acknowledged in 485 writing by Buyer. Seller and Buyer agree to indemnify and hold harmless Brokers from damages resulting from the 386 inaccuracy of this infarmation, The covenants in this paragraph shall survive the closing. : 387 39. FINAL AGREEMENT: This Contract represents the final agreement of | 1 388 representations, unless incorporated into this Contract, giiail be binding on the parties. Typewritien provisions shall 389 supersede printed provisions and handwritten provisions shall supersede typewritien and/or printed provisions. Such 390 handwritten oF typewritten provisions 3S are appropriate may be 391 addendum. 392 pow #3001 PAGES OF & RECEIVED (Revised 03/98) 393 TRANSACTION FEE TO SHARMIC REALTY $225.00 ° APR 112001 ft, DIVISION OF Ket LoIAlE ADMINIST SXHIBIT # RUM ? Saddie Brook Cont = 3 LI PHONE NO. : Si6 663 177@ Jun, 2? 2080 18:23AM PL Sent ay: Capital Funding Corp; 484676084 June#0-00 4:08PM: Page 7/10 - ” “ ' No “Woe dato BUYER : pina ee a "3 Boal Securty of Tax 1B. + " ‘ate, Niennror srr eile rere sees J te etd bed } 2 socRrTANE or OSTA A PROFESS. eB Tht re tape wt ti : a eels a 2» leiden pe ie : inom ce bs . oR : co fe : Ce Users sooner er ee Hi by the Lal pistes Or on be " y gervica feo of ts one 1 If Buyer faity to 4 pastor ahall be eventy divided 447 babween Siar aa 443 Brokers, . ag 460 gLLER ZY 451 Printed ih 482 Bosal Sonaly or ex10,8,2 OS Pr. io to. ABH Lid o) < APR 11 2001 id DIVISION OF KraL BOLALE , ~ 4 /of 90 Tht Aneta uan anas eq tas ri FRUM i Saddle Brook Contr. 5 LI PHONE NO, : 516 863 17728 Jun. 2? 2088 18724 12 Sent By! Capital Funding Corp; Jun-19-00 6:09PM; Page B/10 Cenrdocniatuen Rider le beleg { Legel Description’ wera of nsonsictanchan babes thle Rldsc end sai Coumast for Sal provall and ate Iuuanstd fo nrpermede ening in he Contr ONDOMINIUM RESCLOSURA CLAUSE: Beyer amit oad and inal D TTURDUYER HERBBY ACKNOWLEDGES THAT BUYER HAS ZONDIIUM, "ARTICLES OF INCORPORATION OF THE AMOGIATION AND ANEWER SHEET MORS.THAN,3 DAYS, BXCLUD! RCUTION OF THIS CONTRACT, *:: a me eS .* wy Tae ata Ie Won n f be THE, AGREEMENT BLIVERING WAITTON CAC WITHIN 3 DATO, BXCLUDING : PAYS AND LEONE HELD AYE, ATE INREMINT BY THE BUYER wo oF a SHEET TNCORPOT BYU’ ULES QUBSTIDNAND ‘ INCORPORATION Ee VOIPABILITY RIGHTS SHALL 008 NO BFR BTN THE TIME OF Gh0siNo RA PRED DAYS, EXCLUDING BATURD, WAND LEOAL B.A ranioD OF NOT MONE Tames of NCO EO ob) ULES, AND QUESTION AND ANSWER SHE (PREQUESTED WRITING. BUYBR'S ROHT TO YOID THIS AGRESMENT SILL “TERMINATE AT CLOSING: a ra Pecan , J ‘ LIGA SEE NOT LLABLD Loenton xixumas pe renpoasttilly for dellwary of Selloc's Condosiniset D poveranis, Un Uoyased real axate porvcn werent, Lay Dees aso her th oo ey area apm . bold jee 0 delivery of a sion yh re et es Coolaroo atmo warm Se NS a coy c i=} > 3 i 2 a 2 c a EI E i : z i | : a0) be pobjact bo w chard of $900.00. : a ‘ ASIQCIN’ Atapproval lt required under the governing Conteriaium Document & BN Are ar gee Be Onerae Aun bere nal ina re eRe nai ‘ 2 fiied In) trem the B foardre Dain afthls Cepeect of Bom 2 dete ofrommlpt of the Condyrnl eats, wither’ ial ‘ati ‘ egpprorved, ‘Contreat shall torania all hereunder aha be retried Buyocupon rwdalivery — |; wi cope, naa rer Teron vy el era ebligetians ender this Cortrwel, Tae Slioe nad Buyer nt : early ria wen and eqprccoel of the 248i decent nd the As an in para sale of tesa oft Ut ‘The Soller ani i ral ach ented all reseonae eats to aban a neeasmry RZPTOVH be Lats . . ( LADPLICATION/TRANSRBR FEB The Buyer shell py any foe charge ty tae Antoatation Ioclderual to tho egpintion fer seereal Por vaneter, ; \RRORGATION LEASA ANDIOR LAND LEASE: Seller warrants snd repraoets va (OBOE, , : 1) Thre kak ohero)»Reroncg Let 117% info payable at 9_ poe __ ntecledwih e hr le nok__(okonk one) Land Lana, If ats payable at __” gat amc th he 4.) Other n ® - _! + ABSBEEMENTS: ‘ a) Sailor warranta and represvets tut Oe al , erent Sn payable Wi Se b,) SeVer shat! bo respooetDfa Boe wed mel pay Al ammabarorta apprv i \sagolation, A rk Try a oy yumm bet porcanod by Ov Appociara tad bs ewred by a bance mortgngn heh. Rayo ary ball be asmtonad by Rayer without « perrespoeding Jes pald ts 10 a lool tn he Baller hl py val covet poe LPARRING BPAGRS: Tha rismws maveeot 2/Y Epeceing A OLL. yf. hes Derm slg redo uct andthe Sef ichis any, Hieraln ite included Inthe aala of the Unt. ™ : ” _— , i wsegerions: ‘Tha Fiabe of icupection and oblizadon of repairs vet forth Tn hie Contract sball rvitte rololy to the individual lund while de dre subject of 0 Contract, ' so rs nae . FINSURANGBs tae ele shall bo obliged, wita 10 ays of Buya'sregnet, 0 diver whe Duper ex Duyec's Mortgages the knnuranen anderson xd! pr declarations page of tie Condocniaivene’ Master lniuranes Pellzy, (fthe Amoclation doas wot oxsry hazard and/or fleo$ insurance, thom Duyer mall obtain that Inucance, if remuired, and provide same to the Martpues, ‘ 10, PRA OR Va MORTGAGE FINANCING! If PHA oc VA pian aa La [rvetved Io hs Contrest, then thle Contrast la gontngois upon (aa piryerct Inwitah (re wall It located belng approved by tea PHA oF VA, £9 A! ». In the svont of inocariaterruice between thir Rider, the Conract, aadlar che PAL VA Rider, fiw FHAIVA Rider aha eontrol, fbllrwed bry thin Kad, then the Contract. a ot He Por the purpoase of thle rider, referunses ty paymant amuunis or belances ans anproalmtto. 6/2700 | ee : Buyet Daw Baller : any 5 This Form Approved by the Hollywood Aren Board of REALTORS® “Rew 9 RECEIVED APR 11 2001 4/4 DIVISION OF REAL ESTATE seme Int ape bm Hat Aan? eA_tT . >NDOMINIUM. RIDER JO CONTRACT FOR SALE AND PURCHASE OF REAL PRO! and representa & partofa contract for nd purchase of real property dated : ondominium Rider is being executed simultancously with, Manos FF Lodehsaly “age 2 haat % ‘he provisions contained inthis of Real Property’ aitached hereto, | , of real Property inconsistant with this Rider, Legal Description: en this Rider and said Contract for Sale and Purchal t 7 Sale and Purch thing in the Contract fo event of inconsistencies betwe shall prevail and are intended to supersede any! RE CLAUSE: Buyer must read and initiat one of the fol! “Nunes an applicable to his ritwation: 2, THE BUYER HEREBY ACKNOWLEDGES THAT BUYER H AS BEEN PROVIDED A CUR! MATION, BYLAWS, RULES OF THE ASSOCIA’ yNDOMINIUM DISCLOSU RENT COPY OF THE DECLARATION ' TION, AND THE F INCORPORATION OF THE ASSOC! 2 THAN 3 DAYS, EXCLUDING SATURDA | ————, CONDOMINIUM, ARTICLES O' ISTION AND ANSWER SHEET MOR! ICUTION OF THIS CONTRACT. - '§, SUNDAYS AND ‘LEGAL: HOLIDAYS, PRIOR TO es 2 OF THE BUYER'S INTENTION TO BUYER BY DELIVERING WRITTEN NOTIC 1D LEGAL HOLIDAYS, AFTER THE DATE OF BXECUTION OF THIS ‘TION OF CONDOMINIUM, ARTICLES HEET PSO REQU ESTED IN WRITING. _t p. THIS AGREEMENT IS VOIDABLE BY NCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS AN REEMENT BY THE BUYER AND ON, BYLAWS, AND RULES OFTHE INCORPORATI ly PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHAL R A PERIOD OF NOT, MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE BUYER CRIVESTHE DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, RULES, AND QUESTION AND ANSWERSH BET IF REQUESTED MENT SHALL TERMINATE AT CLOSING. . . '§ RIGHT TO VOID THIS AGREE! onsibitity for delivery of Selier’s Condominium Documents. that Licensee shall not be Liable for any crror non-return of the Documents. Sh returned within a reasol WRITING. BUYER’ Ifa ficensed real estate person provides or inaccuracy contained in the pould the transaction not close nable time, Buyer LICENSEE NOT LIABLE: Licensee assumes 10 Fcsp' or obtains for, » Buyer the Documents described above in paragraph 1, i ‘i ard to the delivery of and possible minium Documents. If the documents are not ¢ the governing Condominium Documents described in Paragraph 1. above, this Contract ix Buyer shall apply for such approval within __ days (10 days if blank fthe Condominium Documents, whichever ig later, or Buyer shall be in default li deposits paid hereunder shall be returned to Buyer upon re-delivery der this Contract. The Seller and Buyer shall F ‘The Seiler and t OVAL: If approval is required unde ntingent upon the Buyer being approved by the Condominium Ansociation. i is Contract or from the date of reocipt o: ‘this Contract, Ifthe Buyer is not approved, then this Contract shall terminate and a the Seller of tho Condominium Documents. Thereupon both parties shall be relieved of further obligations unt jation in regard to the sale or transfer of & unit. -omptly comply with all terms and requirements of the governing documents and the Associ! uyer shall cach extend all reasonable efforts to obtain the necessary approval. . . ntal to the application for approval for transfer. § . APPLICATION/TRANSFER FER: ‘The Buyer shall pay any fee charged by the Association incide: Seer warrants and represents as follows: , RECREATION LEASE AND/OR LAND LEASE: ansociated with the 2.) There is__/is not__(check one) a Recreation Lease. If yes, it is payable at $. per ‘unit. . 2 b.) There is__fis not___(check onc) a Land Leaso. Ifyes, itis payable at $s. per associated with the unit. : c.) Other oa . ASSESSMENTS: ade or levied by the Association or pursuant 10 the a.) Seller warrants and represents that the maintenance and other asseasments m: governing documents, a3 of the Effective Date of this contract, are as follows: Maintenance Assessment: $ payable .) Selier shall be responsible for ‘and shall pay all assessments approve Date of this Contract. There shall bo no proration for initial Condominium starting Association, If the recreation and/or land tease has been purchased by the ‘Association and is secured by nstaliments to the Association and is not required to bo prid in full at the time of closing, such financing shall be aredit from the Seller. Mfsuch financing is notassumable and the unit's share of the mortgage must bepaid in full atc! n full unless otherwise provided for in this contract. Ht yhas been assigned to this unit and the Sellers ri d and levied by the Condominium Association.05 of the Closing capital (seed money) OF for reserve accounts, if any, held by the a blanket mortgage which is payable in monthly assumed by Buyer without « corresponding losing then the Seller shall pay said mortgaze 7, PARKING SPACES: ‘The rightto the use of arkin| ace(s) CF, ii iT tye included in the sale of the unit. parking emacs) @— gis, Fangs therein the Contract shall relate solely to the individual unit which is the subject of g. INSPECTIONS: The right of inspection and obligation of repairs set forth in the Contract, 's request, to deliver to the Buyer or Buyer's Mortgagec the insurance endorsement ands . 9, INSURANCE:The Seller shall bo obliged, within 10 days of Buyee’ Ifthe Association doos not carry hazacd and/or flood insurance, then Buyer ahatl obtain f tho Condominiums’ Master Insurance Policy. or declarations page © 4, and provide same to the Mortgagee- that insurance, if require 10. FHA OR VA MORTGAGE FINANCING: IFFHA orVA mortgage financin, ivi in duit , i i iT 1 F Al 3 + 1 gis involvedin thie Contract, then this Contractis contingent u the project in which the unit is located being approved by the FHA or VA, as applicable. In the event of inconsistencies between this Rider, the Contract, andlor Ie FILAY VA Rider, the FHA/VA Ruder shall control, followed by this River, then the Contract. “ RECEI VED 11. For the purposes of this rider, references to payment amounts or baiances are approximate. , APR 11 2003 f Qn fh, La ge a [50 uo DIVISION OE BEAL ESAT . . Dat \ Seller . . vo a Date * Dale Seiler Date ~/4hv d by the Hollywood Area Board of REALTORS® ; Rev. 93 This Form Approve: \\ . % ol List, Fz. 3a3 17? PROPERTY ADDRESS: _yisd WEN Faas) SPECIAL CLAUSES: ee ae ee 16 ADDENDUM(S) ATTACHED; $.( No Type of Addendum: ___* 17° BUYER X : ‘ i 18 Printed Name 19 Social Security or Tax 1D. # . BUYER, Printed Name Date___ Soclal Security or Tax 1.D. # k, Subject to clearance. 22 DEPOSIT RECEIVED - : ; to be held subjeg} to this Contract; if check, 2B Escrow Agent: SHAKE Ke pak by +BY: a : ‘Company Name : Ignalure 21 Tele. # C__) Fax #: (__). +. Tele. CL). Fax #& (__)_— Sl \25 ‘ 126 ACCEPTANCE OF CONTRACT & PROFESSIONAL SERVICEFEE: The Seller hereby approves and accepts the offer 27 contained herein and recognizes Lit " "as Listing Broker In this transaction 128 Address: 129 Tele. #(__) Broker MLS {0 it oa Salespersons Public MLS De 430 and recognizes Zo HAK YI 2. ¢ ; ds Selling Broker in this transaction. 131 Address: 43BS. he 75 log Kot é Z 73314 132 rele. # ALPY Sg - 27 uper0Ker MLS int _ (G47]__ Salespersons Public MLS ID # 349 SKE 433 _ 134 (CHECK and COMPLETE THE ONE APPLICABI ee 435 a IF AWRITTEN LISTING AGREEME! EFFECT: . | " 436 Seller agrees to pay the Listing Broker named above according to the terms of an existing, separate written 437 professional sarvice fee agreement: as per MLS #__.______— if Buyer falls to perform and deposits 43% are retained, 50% thereof, but not exceeding the professional Service fee, shall be evenly divided between Listing 439 Broker and Selling Broker, as full consideration for Brokers’ services including costs expended by Brokers, and the 440 balance shall be paid to Seller. “. . 441 OR ae 442 ( )IF NO WRITTEN LISTING AGREEMENT IS CURRENTLY IN EFFECT: . . 443 Seller shall pay the Listing Broker named abaye, at closing), from the proceeds of the sale, a professjonal service fee of 444 (COMPLETE ONLY ONE) : 9%.of the gross Purchase Price OR 5. . for Broker(s) services 445. in effecting the sale by finding the Buyer ready willing and able to purchase pursuant to the Contract. if Buyer fails to 446 perform and deposits are retained, 50% thereof; but net exceeding the professional service fee, shall be evenly divided 447 between Listing Broker and Selling Broker,. aS full consideration for Brokers’ services Including costs expended by 448 Brokers, and the balance shall be paid to Seller. : : 449 . 450 SELLER ; : 451 Printed Name Date _ SELLER _______—RECETVED” Printed Name ____-_$______—~" Date___ ~ Social Security or Tax 1.D. # APR 11 2001 452. Social Security or Tax 1.D. # _ : ‘ ae en is ‘ 453 Address : : 454 Tele. # (__) PR: (a 455 456 THIS IS INTENDED TO BE A LEGAL 457 attormey prior to signing. if you 45% Broward County Bar Associatl _ Fax ik ( ) this Contract, seek the advice of an form has been approved by the derdale, Inc. Approval does not conslitute an arties in a particular transaction. Terms 459 opinion that any of the tarms and conditions In this Contract should be accepled by the D 460 and conditions should be negotiated based upon the respective interests. objections and bargaining positions of all parties. (Revised 03/98) . / 7 ly 461 Form #1001 onl z < -_ iam col c c a PAGE ee na 95/17/2081 16:18 95448473894 UAPLIAL FUNULNG MURT rei 04 MORTGAGE L.OAN COMMITMENT WINVEST MORTGAGE CORP. S33 NE. 167TH STREET SUITE 1104 WN, MIAM! BEACH, FL 32162 TO CARMEN SAINTANGE DATE 82500 PROPERTY 4158 W INVERRARY BLVD #308 2615 NW STH. AVE. ‘ ADDRESS FORT LAUDERDALE, FL. 33319 LAUDERHILL, FL 33313 Loan Number 99184 tis a pleasure to notify you that your application for a first mortgage loan has been: approved subject to tne following matters set forth below and an page 2 hereof AMOUNT, Amount of Loan... S 50,400.00 Céntract Interest Rate ....0 11.250 % __- TERMS AND Loan Oniginabon Fee.. $ 504.00 Annuai Percentage Rate 11.513 % FEES Loan Diseourt Fee. & 9.00 Appraisal Fee .... .$ 275,00 Lenders Inspection Fae. $ Credit Report Faas seen 60.00 Broker Fe@......0 $ Non-Refundable Stand-by Fee M1, Appleation Fee.. $s (Please Remit) M1 Assumption Fee .. .$ Commitment Expires: REPAYMENT [A stendard Fired Payment Mortgage : TERM IS To be repald in 360 equal montinly installments of S 499,62 including interest with the first monthly installment duc approximately 30 days after date of setiement. Od renegotiavie Rave Morgage To be repaid in consecutive equal monthty installments of $ Including interest for the Innial Laan Term of years, The above stated Contract tmierest Rata shalt be subject to revision at the and of ihe Initial !.oan Term and alt subsequent renewal te/ms, subject 16 the limitations in the Dis¢lysure you recelved ai application date OO Graduated Payment Mortgage To be repald In the manner and amounts as specified in the Disclosure you reesived st applicatian date. 0 Adjustable Rate Mortgage To be repaid in the manner and amounts 3s spacified in ihe Disclosure you received at application date, The above stated Contract interest Rate shall be considered the “Initial Interest Rate" only EVIDENCE OF The following Evidence of Tite is to be provided to the Lender and tiust indicate no lens, eneumbrances, of any adverse ” covenants or condtt’ons (o tite unless approved by Lender. The Evidence of Tile must be issued from e firm or source, and TITLE ina form, acceptable to Lender, wa Mortgage Title (Guarantee Policy is Apsiract of Tite (1 Torrens Title Guarantee Policy C1 Lawyers Opinion of Thie Borrower will be charged for the cost of providing such titte and the cost of recording documents, at] of whlch will be ordered by Lender unless raquested etherwise. ADDITIONAL Alb tems Checked Below Ana ; REQUIRED Signed Sales Contract - required. Prat of survey, acceptable to Lender, ‘showing the improvements to be property within the lot fines: and no ITEMS OR anéroachments on other properties - required, CONDITI ONS Copy of prasent Evidence of Titie showing Lega! Deseription needed. Tha akached list of repairs is to be completed prior to settlement or an escrow in the amount of $ yrill be held untlt the wort is satisfactorily completed ‘We will pay out on tha Loan upon complation of the building, subject toa satisfactory Compliance inspection Report by our Appraiser and # Certificate of Occupancy from the Governing Municipslity: Co Acontractor’s Statement and Supporting Waivers af Lien are to De provided. Q ¥ Is) Flood insurance Mandatory, see page 2 current paystub Conde questionaire Master insurance Palicy fl Seo atvached list of additional required ixems. SEE PA GE2 The Continuation of Commitment Conditions is on page Zand is made a pan of this Commitment. INSTRUCTIONS Please sign and return Lender's copy of this Commitment, slong with any required fees end items requested, 16 the lender at the: BA above address (1) following adress, within 3 caysof date nereot, or at the option of Lender, this Cornmitment shall become null and void 1 QE) hareby accept the terms and Ee RECEIVED Conditions of this Commitment. ; , $123/02 MAY 17 2001 Borrower oi ae ae OVISION OF REAL ESTATE a i Borrower — tie Byte Entorprisan, Inc. $-800-688-1008 (701) Fage lod aL Canc beth tllo Gop eine lc adewn: Ug oh Tae a Demme, Ofer Praag nettle tZ Lae, Gogh asa el QL cheer’ deageeD and pence 1272 EN A Rp pment Contuty | 4-26-00 eel Tenace Realty, Inc. ve Sa eerie a 21 neces 5 Tanace Realty, Inc. Double CENTURION® Office, 1694-1998 1835 University Drive Goral Springs, Florida 33071 Business (054) 785-2100 Fax (954) 765-0864 July 11, 2000 Sharmic Realty, Inc. 4385 Rock Island Rd Lauderhill, FL 33319 Att) The Broker of Record Re: Contract between Seller Lampert and Buyer Saintange Property address: 4158 Inverrary Dr # 308, Lauderhill, FL 33319 Dear Sir: After several attempts to determine whether the additional deposit of $2000.00 has been made in accordance with the above referenced contract and getting no response from your office the seller is now placing a demand on any and all deposit monies in your Escrow account relating to the above transaction. ‘We have already confirmed that an application has not been submitted to the appropriate condominium association in a timely fashion, thereby leaving your buyer in default, Please request an Escrow Disbursement Order from THE FLORIDA REAL ESTATE COMMISSION or simply tum over the appropriate funds. In addition we will request an Escrow reconciliation of your firm. Sincerely, Ellen Tremper Manager ce: Florida Real Eatate Commission ce: Lampert Each Office ts Independently Owned And Operated Td PAGE ft __sOOF ee + Al, eee FO Tenace Realty, Inc. Double CENTURION? Office, 1994-1908 7895 University Drive Coral Springs, Florida 99071 Business (954) 755-2100 Fax (954) 755-0564 July 13, 2000 Sharmic Realty, Inc. 4385 Rock Island Rd. Lauderhill, FL 33319 Att: Broker of Record Re: Contract between Seller. Lampert and Buyer: Saintange Property address: 4158 Inverrary Dr. # 308 Lauderhill FL 33319 Dear Sir: Our Seller Lampert believes your Buyer is in default and is hereby requesting that the $2500 on deposit in your Esctow Account be disbursed as per your contract. 'Y> Z s Robert N. Tenace, CRB 3 President 3 4S jel 4k Each Office ts independently Owned And Operated Final Order No. BPR-96-02763 Date $-17-96 TILED Dept. of Business and Professional Regulation _ AGENCY CLERK Sarah Wachman, Agency Clerk By: LYN STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE Petitioner vs. : CASE NO. 94-84870 95-81058 HILDA H. BELL and : DOAH NO. 95-4813 SHARMIC REALTY, INC. : Respondents —_— L ORD On April 24, 1996, pursuant to s.120.57(1), Florida Statutes, the Florida Real Estate Commission heard this case to issue a Final Order. Hearing Officer Michael M. Parrish of the Division of Administrative Hearings presided over a formal hearing on February 29, 1996. On April 2, 1996, he issued a Recommended Order, which is adopted by the Florida Real Estate Commission as to all Findings of Fact, Conclusions of Law and Recommendation. A copy of this Recommended Order is attached hereto as Exhibit A and made a part hereof. The Florida Real Estate Commission therefore ORDERS that Respondent Sharmic Realty, Inc. be reprimanded. The Commission further ORDERS that Respondent Hilda H. Bell pay a $3,000 administrative fine. ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE /. OF 3G — The Commission further ORDERS that the license of Hilda H. Bell be suspended for a period of six (6) months. At the conclusion of the period of suspension, the Respondent is directed to contact the Records Section of the Division of Real Estate at Post Office Box 1900, Orlando, Florida 32802, or (407) 245-0825, to secure the proper forms for reinstatement of her suspended license. Upon reinstatement of the Respondent’s license, the Respondent shall be placed on probation for a period of one (1) year, subject to the following terms and conditions: 1. The licensee shall notify the Division of Real Estate of any changes in address or employment. 2. The licensee shall not violate any provisions of Chapter 475, Florida Statutes, or Rules adopted by the Commission. 3. The licensee shall not be convicted or found guilty of a crime in any jurisdiction. 4. The licensee shall enroll in and satisfactorily complete a 7-hour escrow management course within one (1) year from the beginning of the probation period. These course hours are in addition to any other education required to maintain a valid and current license. This Order shall be effective 30 days from date of filing with the Clerk of the Department of Business and Professional Regulation. However, any party affected by this Order has the right to seek judicial review, pursuant to 5,120.68, Florida Statutes, and to Rule 9.110, Florida Rules of Appellate Procedure. Within 30 days of the filing date of this Order, review proceedings may be instituted by filing a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation at Suite 309 North Tower, 400 West Robinson Street, Orlando, Florida 32801. At the same time, a copy of the Notice of Appeal, with applicable filing fees, must be filed with the appropriate District Court of Appeal. DONE AND ORDERED this 24th day of April 1996 in Tallahassee, Florida. enryM. Solares, Director Diyision of Real Estate ADMINISTRATIVE COMPLAINT EXHIBIT #_ Gl PAGE 2 OF ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Certified Mail to Hilda H. Bell and Sharmic Realty, Inc., 8701 Wiles Road, #16-308, Coral Springs, FL 33067; by U.S. Regular Mail to Hearing Officer Michael M. Parrish, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, FL 32399-1550; and a copy provided to Daniel Villazon, Esq., DBPR, Post Office Box 1900, Orlando, FL 32801, this VARA day of OAs 1996. MD:JM:pep Bato fh con ADMINISTRATIVE COMPLAINT EXHIBIT ¢_ Y PAGE ___%__ oF STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. CASE NO. 95-4813 HILDA H. BELL and SHARMIC REALTY, INC., Respondent. a RECOMMENDED ORDER Pursuant to notice, a formal hearing was conducted in this case on February 29, 1996, at Fort Lauderdale, Florida, before Michael M. Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings. APPEARANCES For Petitioner: Daniel Villazon, Esquire Department of Business and Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 For Respondent: (No Appearance) STATEMENT OF THE ISSUES This is a license discipline proceeding in which the Petitioner seeks to take disciplinary action. against the two Respondents, one individual and one corporation, on the basis of alleged violations set forth in an eight-count~ Administrative Complaint. The Respondents are charged with violation of Section ADMINISTRATIVE COMPLAINT EXHIBIT #_ PAGE OY oF —— 475.25(1) (b), Florida Statutes, and with multiple violations of Section 475.25(1) (e), Florida Statutes. PRELIMINARY STATEMENT Pursuant to written notice to all parties, the formal hearing in this case was scheduled to begin at 8:30 a.m. on February 29, 1996. At the appointed date, time, and place, the Petitioner appeared through counsel, but there was no appearance by or on behalf of either of the Respondents. The Hearing Officer waited until 9:00 a.m., by which time there was still no appearance by or on behalf of the Respondents. The Hearing Officer called the hearing to order shortly after 9:00 a.m., whereupon the Petitioner began its presentation by announcing the voluntary dismissal of the charges alleged in Counts III and IV of the Administrative Complaint. The Petitioner then presented the testimony of one witness (Investigator Margaret Hoskins) and offered six exhibits, all of which were received in evidence. At the conclusion of the presentation of evidence, counsel for the Petitioner stated that the Petitioner did not intend to order a transcript of the proceedings at the hearing. Counsel for Petitioner requested that the parties be allowed twenty days within which to file proposed recommended orders. The request was granted. At no time during the course of the hearing was there any appearance by or on behalf of the Respondents. On March 20, 1996, the Petitioner filed a timely Proposed Recommended Order containing proposed findings of fact and conclusions of law. All findings of fact proposed by the ADMINISTRATIVE COMPLAINT EXHIBIT # __ 2 PAGE ___2-— OF __ Petitioner are included in the findings of fact which follow. As of the date of this Recommended Order the Respondents have not filed any post-hearing Gocument with the Hearing Officer. FINDINGS OF FACT 1. The Petitioner is a state government licensing and regulatory agency charged with responsibilities and duties which include the prosecution of Administrative Complaints against licensees under Chapter 475, Florida Statutes. 2. Respondent Hilda H. Bell is now, and was at all times material hereto, a licensed Florida real estate broker, having been issued license number 0349586 in accordance with Chapter 475, Florida Statutes. The last license issued was as a broker at Sharmic Realty, Inc., at the following address: 8701 Willes Road, Unit 16-308, Coral Springs, Florida 33067. 3. Respondent Sharmic Realty, Inc., is now, and was at all times material heretc, a corporation registered as a Florida real estate broker, having been issued license number 0243150 in accordance with Chapter 475, Florida Statutes. The last license issued was at the following address: 8701 Willes Road, Unit 16- 308, Coral Springs, Florida 33067. 4. At all times material hereto, Respondent Hilda H. Bell was licensed and operating as the qualifying broker of, and an officer of Respondent Sharmic Realty, Inc. 5S. On September 27, 1994, Petitioner's Investigator Margaret R. Hoskins audited Respondents’ escrow accounts. 6. The audit revealed that the Respondents maintained Property Management Escrow Account Number 00300066617 at Glendale Federal Bank, Fort Lauderdale, Florida ADMINISTRATIVE COMPLAINT EXHIBIT #_f PAGE & oF 3 ed 7. A total trust liability for the Respondents’ Property Management Escrow Account could not be determined because the Respondents did not have complete and accurate records. 8. On August 11, 1992, the Respondents deposited $20,000.00 into their Property. Management Escrow Account for a person who did not have a checking account. 9. On August ll, 1992, the Respondents issued escrow check number 0972 in the amount of $20,000.00. 10. On August 18, 1992, the Respondents loaned Cecil Sailsman $500.00 from the Property Management Escrow Account. 41. On January 12, 1993, the Respondents deposited $22,496.91 in personal funds into the Property Management Escrow Account. 12. The Respondents subsequently disbursed $15,045.00 of the personal funds from the Property Management Escrow Account. CONCLUSIONS OF LAW 13. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. See Section 120.57, Florida Statutes. 14. Section 475.25, Florida Statutes, reads as follows, in pertinent part: (1) The commission may deny an application for licensure, registration, or permit, or renewal thereof; may place a licensee, registrant, or permittee on probation; may suspend a license, registration, or permit for a pexiod not exceeding 10 years; may revoke a license, registration, or permit; may impose an administrative fine not to exceed $1,000 for each count or separate offense; and may issue a reprimand, and any or all of the foregoing, if it finds that the licensee, registrant, permittee, or applicant: ae EYtiimer 4 EXHIBIT ; (bo) Has been 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 this state oF any other state, mation, or territory; has violated a duty imposed upon him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. It is immaterial to the guilt of the licensee that the victim or intended victim of the misconduct has sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim or intended victim was a customer ora person in confidential relation with the licensee or was an identified member of the general public. * * * (e) Has violated any of the provisions of this chapter or any lawful order or rule made or issued under the provisions of this chapter or chapter 455. 15. Rule 6132-14.008(1) (c), Florida Administrative Code, reads as follows: (c) "Trust" or "escrow" account means an account in a bank or trust company, title company having trust powers, credit union, or a savings and loan association within the State of Florida. Only funds described in this rule shall be deposited in trust or escrow accounts. No personal funds of any licensee shall be deposited or intermingled with any funds being held in escrow, trust or on condition except as provided in Rule 61J2- 14.010(2), Florida Administrative Code. ADMINISTRATIVE COMPLAINT, exnieiT #7 16. Rule 6102-14.010(2), Florida Administrative Code, reads as follows: (2) A broker is authorized to place and maintain up to $200 of personal or brokerage business funds in the escrow account for the purposes of opening the account, keeping the account open and/or paying for ordinary service charges. 17. Rule 6172-14.012(4), Florida Administrative Code, reads as follows: (4) The books, accounts and records pertaining to the broker’s real estate brokerage business shall be preserved for a period of not less than 5 years after receipt of any money, funds, deposit, check or drafts entrusted to the broker or the conclusion of the broker’s involvement in the transaction, whichever results in a greater period of retention of records. If any brokerage record has been the subject of or has served as evidence in litigation, relevant books, accounts and records must be retained for at least 2 years after the conclusion of the civil action or the conclusion of any appellate proceeding, whichever is later, but not less than a total of 5 years as set above. 18. In a case of this nature where the potential penalties set forth in the Administrative Complaint include the possibility of suspension or revocation of a license or registration, the Petitioner bears the burden of proving its case by clear and convincing evidence. See Ferris v. Turlington, 510 So.2dad 292 (Fla. 1987). 19. With regard to the violations alleged in Counts III and Iv of the Administrative Complaint, those counts were voluntarily dismissed by Petitioner’s counsel at the beginning of the formal hearing. Accordingly, they should be dismissed in the final order in this case. 20. With regard to the violations of Section 475.25(1) (b), Florida Statutes, alleged in Counts I and If of the Administrative Complaint, the Petitioner argues that the Respondents are guilty of a breach of trust in a business transaction or culpable negligence. The evidence in this case is insufficient to establish a breach of trust in a business transaction. The evidence is, however, sufficient to establish that the Respondents have committed culpable negligence within the meaning of Section 475.25(1) (b), Florida Statutes. Accordingly, the final order in this case should conclude that the Respondents are guilty of the violations charged in Counts I and II of the Administrative Complaint by reason of culpable negligence. 21. With regard to Counts V and VI of the Administrative Complaint, the evidence is sufficient to establish that the Respondents violated Rule 6132-14.008(1) (c), Florida Administrative Code, by depositing substantial amounts of personal funds in their Property Management Escrow Account. This violation of Rule 6192-14.008(1) (c), Florida Administrative Code, constitutes a violation of Section 475.25(1) (e), Florida Statutes, as alleged in Counts V and VI of the Administrative Complaint. Accordingly, the final order in this case should conclude that the Respondents are guilty of the violations charged in Counts V and VI of the Administrative Complaint. 22. With regard to Counts VII and VIII of the Administrative Complaint, the evidence is sufficient to establish that the Respondents violated Rule 6132-14.012(4), Florida ADMINISTRATIVE COMPLAINT. PACE Administrative Code, by failing to keep the books, accounts, and records required by that rule. This violation of Rule 6102- 14.012(4), Florida Administrative Code, constitutes a violation of Section 475.25(1)(e), Florida Statutes, as alleged in Counts VII and VIII of the Administrative Complaint. Accordingly, the final order in this case should conclude that the Respondents are guilty of the violations charged in Counts VII and VIII of the Administrative Complaint. 23. At pages 8 and 9 of its proposed recommended order, the Petitioner suggests the following as the appropriate penalty in this case: It is further recommended that Respondent Hilda H. Bell be fined $3,000.00 and that Respondent Hilda Bell’s real estate brokerage license be suspended for a period of six (6) months. It is further recommended that following Respondent Hilda H. Bell’s suspension period, that she be placed on probation for a period of one (1) year and that Respondent Hilda H. Bell, during such probationary period, provide satisfactory evidence of having completed a 7 hour real estate brokerage escrow management course, the 7 hours being in additicn to any other education required of the Respondent to remain current and active as a real estate proker in the State of Florida. It is also recommended that Sharmic Realty, Inc., be reprimanded. The penalty proposed in the language quoted immediately appears to be appropriate under the circumstances of this case. RECOMMENDATION On the basis of all of the foregoing, it is RECOMMENDED that the Florida Real Estate Commission issue a final order in this case to the following effect: ADMINISTRATY E COMPLAINT. EXHIBIT a ° l OF ' pAGE + (1) Dismissing Counts III and Iv of the Administrative Complaint; (2) Concluding that the Respondents are guilty of the violations charged in Counts f, II, V, VI, VII, and viil of the Administrative Complaint; and (3) Imposing administrative penalties consisting of the following: (a) An administrative fine against Respondent Hilda H. Bell in the amount of three thousand dollars ($3,600.00) ; (b) A six month suspension of the real estate brokerage license of Respondent Hilda H. Bell; (c) A one year period of probation for the Respondent Hilda H. Bell, to begin immediately following the period of suspension; (d) A requirement that the Respondent Hilda H. Bell complete additional education in the form of a seven hour course in real estate brokerage escrow management during her period of probation; and (e) A reprimand of Respondent Sharmic Realty, Inc. DONE AND ENTERED this 2nd day of April 1996 in Tallahassee, Leon County, Florida. TCHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of April 1996. ENDNOTES 1 at the commencement of the hearing, counsel for the Petitioner voluntarily dismissed two counts and the cage went to hearing on the remaining six counts. ADMINISTRATIVE COMPLAINT 2 In a case of this nature, the Petitioner must prove its case even where, as here, the Respondents fail to appear at the hearing. There is persuasive competent substantial evidence to support all of the findings of fact proposed by the Petitioner, all of which were adopted by the Hearing Officer. Further, such evidence is clear and convincing. COPIES FURNISHED: Daniel Villazon, Esquire Department of Business and Professional Regulation Division of Real Estate 400 West Robinson Street, N-308 Post Office Box 1900 Orlando, Florida 32602-1900 Ms. Hilda H. Bell 8701 Wiles Road, No. 16-308 Coral Springs, Florida 33067 Henry M. Solares, Division Director Department of Business and Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 NOTICE OF RIGHT TO SUBMIT EXCEPTIONS All parties have the right to submit written exceptions to this recommended order. All agencies allow each party at least ten davs in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case. ADMINISTRATIVE COMPLAINT EXHIBIT # Ye 10 PAGE _/2 CF LU —_ 2 a RT ee STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. FDBPR Case N2 94-84870 95-81058 HILDA H. BELL AND SHARMIC REALTY, INC. Respondents. ———— ADMINISTRATIVE COMPLAINT COMES NOW the Florida Department of Business and Professional Regulation, hereinafter referred to as "Petitioner," and files this Administrative Complaint against Hilda H. Bell and Sharmic Realty, Inc. hereinafter referred to as "Respondents," and alleges the following: 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 § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent Hilda H. Bell is now and was at all times material hereto a licensed Florida real estate broker, issued License number 0349586 in accordance with Chapter 475, Fla. Stat. The last license issued was as a broker %Sharmic Realty, Inc., 7543 W. Oakland Park Blvd., Sunrise, Florida 33319. 3. Respondent Sharmic Realty, Inc. is now and was at all ADMINISTRATIVE COMPLAINT EXHIBIT #4 PAGE /Y oF i TP unm FOBPR vs. Hilda 4H. Bell FDBPR Case N® 94-84870 Administrative Complaint times material hereto a corporation registered as a Florida real estate broker having been-issued license number 0243150 in accordance with Chapter 475, Fla. Stat. The last license issued was at the address of 7543 W. Oakland Park Blvd., Sunrise, Florida 33319. 4. At all times material hereto, Respondent Hilda H. Bell was licensed and operating as qualifying broker and officer of Respondent Sharmic Realty, Inc. 5. On September 27, 1994, Petitioner’s Investigator Margaret R. Hoskins audited Respondents’ escrow accounts. A copy of the audit form is attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint Exhibit 1. 6. The audit revealed: a. That Respondents maintained Property Management Escrow Account # 00300066617, hereinafter Property Management Escrow Account, at Glendale Federal Bank, Ft. Lauderdale, Florida. b. That a total trust liability for the Property Management Escrow Account could not be determined because Respondents did not have complete and accurate records. c. That on August 11, 1992, Respondents deposited $20,000.00 into the Property Management Escrow Account for a person who did not have a checking account. On August 11, 1992, Respondents issued escrow check number 0972 in the amount of 2 ADMINISTRATIVE COMPLAINT EXHIBIT 4 _ _ pace _/S — OF ——___—— ———— a ROR RT FDBPR vs. Hilda H. Bell FDBPR Case Nt 94-84870 Administrative Complaint $20,000.00. A copy of the Property Management Escrow Account bank statement and cancelled check is attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint Composite Exhibit 2. d. That on August 18, 1992, Respondents loaned Cecil Sailsman $500.00 from the Property Management Escrow Account. A copy of the cancelled check is attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint Composite Exhibit 3. e. That on January 12, 1993, Respondents deposited $22,496.91 in personal funds into the Property Management Escrow Account. A copy of the bank statement and deposit slip is attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint Composite Exhibit 4. f. That Respondents subsequently disbursed $15,045.00 of the personal funds from the Property Management Escrow Account. A copy of Property Management Escrow Account cancelled check numbers 1013, 1015, and 1016 is attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint Composite Exhibit 5. count I Based upon the foregoing, Respondent Hilda H. Bell is guilty of dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in 3 ADMINISTRA! EXHIBIT #7 PAGE IG “ie FoBPR vs. Hilda H. Bell FDBPR Case N* 94-84870 Administrative Complaint violation of § 475.25(1)(b), Fla. Stat. count II Based upon the foregoing, Respondent Sharmic Realty, Inc. is guilty of 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 III Based upon the foregoing, Respondent Hilda H. Bell is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of § 475.25(1) (k), Fla. Stat. COUNT IV Based upon the foregoing, Respondent Sharmic Realty, Inc. is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of § 475.25(1) (kK), Fla. Stat. COUNT V Based upon the foregoing, Respondent Hilda H. Bell is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Fla. Admin. Code R. 61J2-14.008(1)(c), and therefore in violation of § 475.25(1)(e), Fila. Stat. BEE LM ara id exuisit BF eae 22 ea AE SOSA REE FDBPR vs. Hilda H. Bell FDBPR Case WN? 94-84870 Administrative Complaint count VI Based upon the. foregoing, Respondent Sharmic Realty, Inc. is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Fla. Admin. Code R. 6132-14.008(1)(c) and therefore in violation of § 475.25(1)(e), Fla. Stat. COUNT VII Based upon the foregoing, Respondent Hilda H. Bell failed to preserve the books, accounts and records pertaining to the broker’s real estate brokerage business for a period of not less than five (5) years subsequent to the time of receipt of any money, funds, deposit, check or drafts entrusted to the broker or the conclusion of the broker’s involvement in the transaction, whichever results in a greater period of retention of records in violation of Fla. Admin. Code R. 6132-14.012(4) and therefore in violation of § 475.25(1)(e), Fla. Stat. COUNT VIII Based upon the foregoing, Respondent Sharmic Realty, Inc. has failed to preserve the books, accounts and records pertaining to the broker’s real estate brokerage business for a period of not less than five (5) years subsequent to the time of receipt of any money, funds, deposit, check or drafts entrusted to the broker or the conclusion of the broker’s involvement in the transaction, whichever results in a greater period of retention ADMINISTRATIVE COMPLAINT. exnisit #4 PAGE (8 OF ___ ——— A NPR 5 $$ FOBPR vs. Hilde H. Bell FOBPR Case ! 99%4-84870 Administrative Complaint of records in violation of Fla. Admin. Code R. 6132-14.012(4) and therefore in violation of § 475.25(1)(e), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission to issue a Final Order as final agency action finding the Respondent guilty as charged. The penalty for each count or separate offense may range from a reprimand; an administrative fine not to exceed $5,000.00 per violation; probation; suspension of license, registration or permit for a period not to exceed ten (10). years; revocation of the license, registration or permit; and any one or all of the above penalties as provided for by § 455.227 and § 475.25(1), Fla. Stat. and Fla. Admin. Code R. 6132-24.001. SIGNED this xO day of Gok 1995. on: vs CLL RICHARD T. FARRELL, Secretary Department of Business and Professional Regulation by: Steven D. Fieldman Chief Attorney, Real Estate ; ADMINISTRATIVE COMPLAINT EXHIBIT #_Y¥ PAGE _ 4 OF ~— FOBPR vse. Hilde 4H. Bell FDBPR Case N* 94-84870 Administrative Comptaint ATTORNEY FOR PETITIONER Daniel Villazon, Esquire Florida Bar N2 956090 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) 423-6134 (407) 423-6469 FAX 3/4/95 wvd/k PCP: VS/MS/IF 4/95 WARNING To REBPONDENTS If you do not file an Election of Rights form or some other responsive pleading with the Petitioner within 21 days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion seeking a Final Order finding you in default and revoking your license, registration, certificate, and permit. Please see the enclosed Explanation of Rights and Election of Rights form. ADMINISTRATIVE ©0021 ANT exnipir 2%. PAGE __2¢ 7 a FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION DIVISION OF REAL ESTATE OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM e DATE oF Inspection: |Z Jad_| H rose OALASE Leese | bbe Cen Ao tl hicense 7 (OL |AME OF BROKER LICENSE # = on CENSE# AME OF BROKER NAME OF BROKER LICENSE # BK [AME OF BROKER LICENSE # b wae OF BROKERAGE- NGALM s Lftu Nee sd2 0) Oa nad Wuile i tauduhate Zs OFFICE (RULE 21V-10.002 &.023) _—_ IREQUIRED OFFICE SIGN (RULE 21V-10.024) _ GENCY DISCLOSURE (RULE 21V-10.033) _ STATEMENT-RECONCTLIATIONS (RULE 21V-14.012) SALES: TOTAL TRUST LIABILITY \ MN OT t — ON. BANK BALANCE 12 4s&. 2L Log. 2 SECURITY DEPOSIT: TOTAL TRUST LIABILITY _ ‘SHORT/OVER)-AMOUNT RECON. BANK BALANCE _ (SHORT/OVER}- AMOUNT _ t RENTAL DISTRIBUTION: TOTAL TRUST LIABILITY ({A\ Ghee 4D C bet v Chee ys70 RECON. BANK BALANCE Ne O4e tern ote 2 q (SHORT/OVER)-AMOUNT doer Ds Kept” m Saimic Rath _ 6&errnu O ~OObbC2 < So RATVE CoMPuAdh) EXAVST Coietrodate sea eae Caran Fane Civ eat SSSI T TO THE BEST OF MY KNOWLEDGE ALL RECORDS PERTAINING TO MY SALES ESCROW/TRUST ACCOUNT(S) AND MY RENTAL PROPERTY MANAGEMENT ACCOUNTS) HAV Q THEREBY CERTIFY BEEN PROVIDED TO THE INVESTIGATOR. THE ABOVE VIOLATIONS WERE BROUGHT TO MY ATTENTION THIS DATE AND THOR: DAY; Ot, aul. arly OF THE CO! 5 fF, 21/4 SKGRATURE OF BROKER DA’ BROKER COMPLIED YES NO DATE CITATION ISSUED YES NO fF comer se} NO #&_<4 DPRREOG/. 92 @) YELLOW-TALLAHASSEE-HDQ WHITE-FTIELD OFFICE Name of Seller (last name only) H 7 TX e [> in te ? SANOALD Cruel chan po men fy. + tate of Florida Department of Business and Professional Regulation Division of Real Estate Addendum to Office Inspection Report Sales Pending Date Prepared: G/24ad Name of Buyer A/D | Date Binder Amount Date Amount Held ta (last name only) Received Deposited | Deposited Escrow/Trust Oke La oce | aa, 1200 _ rorrott | | BET rn Isp /qu| xo (Se) Sdays | | Bnsiad [aarp edjag | Been Si | epgiag | Scolezial sa Sdeve | | | seo | Li reCace || Pala | seo | Silay] Sex Fz) Idays | | Gafeu | iso 1500 Themasen | 1/1 eslay| po || see “Tey a Se aia 2500 _ / | Ashe SCO | 9/algd | sec lg/zAy| SON yarzigd | lace letizaal sec PZ laiislaw | sco: Qiqad |e ised! aa ee + — rt ee i | ee | | wagir 7 | ~~! . | wee ae AIM ‘) PDUIMSTRATIVE TOU PLAN c) ( IRAGE 777 OF = — ae om Total This Page: [3,8SO7 Qutstanding Checks )3, 850 — Payable To Date of Check Check Number Amount of Check ee eee | oker: th da Brac License No: BK 63YGS&o Total This Page: fo ame of Bank(londole TED, Verified By: C.4 fy ptout Toial Otter Side:__ 1.3 BSO 1. Sig./ ID#: Ll, wp (tds Combined Total: 1 BSO crow/Trust Account Nam + ace +. 5 nl H Se ob . CO8- cObtco2 SS ADMIN area un CLES EE count Signatories: E Ve LL th Ad LS exp Depy im Transitf — ‘b plain Variations of Toe Sad daa P 4, 0Bank Total:! 29 OF a terac DRS (Short/Over)Amount: of Ze (\\) gommnsmesmve coesut peer BO = CLENDALF FFTFESI : STATPMENT PERT£E, «7723792 THRU 08/20/92 Peo. POX ENCE 7 PACE 1 OF ? 00001051 FT. LAUDER MALE FL 33219 QUESTIONS? PLEASF CALL 800-669-1669 CHECKING ACCOUNT NUMBER? C03~-006661-7 ITEMS ENCLOSFN: 13 STATEMENT _ ¢GLENO4LE FEDERAL BANK::, SHERMIC PFALTY INE PROPERTY MAMACFMENT ESCROW T4722 N STATE PH? LAUNFPHIDE FL 33313 PO LOTTO SOA AAAI NANA IAL BI NEW ADDED COMVENT ENCE Me ae rie ae Te ae Me ETE Ke LOPE Lee Leake Ke Ke He Ie He Ie Te Le HME KANT I-MONEY JUST GOT HANNDIFR YOUR HAROTEMMMEY CAPD JS NOM ACCERTER AT AVFF &,000 ANDITIONAL ATMS TREOQUGHOUT THF SPHTHEAST, JUST LOOK FOR THE "HONOR" SYMPOL.» FOR A LIMITED TIRE, TSANSACTIING AT HONOR SYSTEM ATMS ARE FREE OF CHARGE. FEEFCTIVE NOV) 165 19927, ALL NON-GFR NETWORK ATM TPAMSACTIONS HILL RE CHASCFD A £1 SERVICE FEE« MIKA KIS TAMVIAD LOT AISA AIL IA IIS ATI II LOOM OI MN IE ILO NEMEC LE LE LENE FE LN LEK LEMKE NE KCL LE LOL EIT IE LCL IE LE LE PUSTMESS CHECKING ACCOUNT 992-00 6661-7 LEGIRMING PALANCE: 25277653 LONEST ACCOUNT RALANCE? 21678 IEPOSTTS/CREPI TS: 245416625 HIGKEST ACCOUNT BALANCE? 3,803618 LITRDRAWALS/CEQ ITS? 2£,617-C5 INTEPEST PAID THIS PERIOD: 00 NDING BALANCE? ; 2,076473 INTEREST SATO YEAS TO DATE? +09 EPCSITS/CREMI TS SUINMASY FIR PERTAP 07/23/92 THRU OP/20/92 REFFPEMCE PATE AMOUNT PEFSECRIPTION CEPCSIT 07/27 ?32P.00 DEPCSIT 7/20 ong.S0 DEPNETY a7729 270.660 DEPCSIT 077/30 496.60 CEPDS)1 AN7/320— 50.00 DEPOSIT OF S04 150-00 — OE POSIT CP/IT = + 205000600 —~ SOMPLAINT OEPCSIT eps1e 745.59% ADMINISTRATIVE COMPLI! DEPCSIT casye 4F O00. ; . r ce eee DEPCSIT nr /1e 47002 5x EXHIBIT # — CEPOSIT ne 720 549.00 pace 2. OF ———-- HPTHDRAWALS/DERITS SUMPAPY FOR PESIPN 07/23/92 THRU 08/20/92 RFFEFENCE CK-#C PATE AMQUNT REFERENCE CK-NT DATE AMOUNT 10404431 2r OF /O4 @ 80609 19213277 970 07/29 180-00 10013148 CSR AT/PA =1FG.P5 10213276 971 07/29 300-00 10014649 CACH C7729 350-09 101131097. 972 «OR/I1 20,000-00 Y ADMINISTRATIVE O05 aeecfeceetle Shr ES { CLENDALF FErFRSI STATEMENT PFRIt 07/22/92 THRU C8/20/92 P.O. ACX €OCE PAGE 2? OF 2 00001051 FT. LAURFRAPLE FL 33310 OUR STINNS? PLEASE CALL 800-669-1669 STATEMENT # GLENOALE FEDERAL BANK... SHAREIC PEAETY TNC PREPFOTY MAMACEMENT ESCROW 1478’ STATE PR 7 LAUNFPRIEL FL 23393 PUSIMESS CHECKING ACCOUNT 903-006661-7 SHAPMIC REALTY INC PROPERTY MANAGEMENT FSCROW WITECRAWALS/EER ITS SUMMARY FOR PERICN 07/23/92 THRU 08/20/92 REFERENCE Ck-NA PATE AMOUNT REFFRENCE CK-NO ATE AFOUNT 20233412 ©72? O77/70 1,200-COY 00003268 97h x 8/19 £164.00 20212150 C74 A730 22124-0909 ~ 100C38E6 o79 «~ORSIT + 163440 20211065 ©75 07730 60-00 + 12400349 980 «608/18 -- 500-00 2001454) S76 OF/14 180.00 . PEFERENCE DATE AMCUNT DESCRIPTION OEPIT ne719 25-09 MSF PATO CHECK CHARGE DEPIT NE/20 9.80 SERVICE CHARCE WE 8 . EXHIBIT 4 - a coe PACE PS OF ee a pecseee pa “yy ADMENIS TO gc a Stes age excr_z> pe : OS TIEE EMU rege * or TRS ARE CREOIECN eimIret Te TInAL PAYMENT SL Perteseennae gh pesnercnanensene SHARMIC REALTY, INC. ae) 97 PROPERTY MANAGEMENT _ 89-8417 03/2670 1478 N. ST. RD. 7 LAUDERHILL, FL 33313 B LL 19 Sete Wavcics H TOTH ff we . eons PL Bt 6 a } Ladue! N2:3G? 2555 12 I B2P ox vo } ORDER OF A). iy Shousanin a) Lexa DOLLARS PARK OFFICE > GLENALE FEDERAL BANK™ EA one FOR Lida LLE. #00097 ait 2B 708UL73I OOIOOBEG E703" “000 2000000," ADMINISTRA ATIVE COMPLAINT EXHIBIT # nn _ AGE bo 2 PAGE “2 OF Hyr EYEE eT BOMINISTRATIVE O78 AT B30 BSL a Pant én ak te my 2, 4 MBIT 7 Spe ces Chnver 237654157 ; ae er t eo , . co ‘ o Ao we ADMINISTRATIVE COMPLAINT. ‘ EXHIBIT 4 yg Qe “PACE 29; OF ——_—— en FDMINISTRATIVE ne rook “7 nner ss aa rote Skee TE NTR LES ESS Pele BEX CAre PACE 1 OF 2 CCOCDE KH FT. LAUDFRRALE Fl 23330 CURSTIONS? PLEASE CALL R00-669-1669 CHECKING ACCPUNT NUMBER? 003-006661-7 TTFMS ENCLOSED: B TATEMENT ' # GLENO4LE FEDERAL BANK... SHARETC SFARTY INC PROPFETY MAMACFEMERT ESCROF 147% M STATF FN 7 LALDFPHINE FL 33313 PAPPY NEV’ YFAP FROF YOUP FRIFRNS AT GLENDALE FFENFRAL RANK. If YOUR NFU YFAP SS PFENLUTIONS TMCLUPF FINDING WAYS TO TMPROVF YOUR FIMANCIAL ©TRATFCTFS, PFGOIN YOUR SFARCH WITH THE CUPRENT ISSUE CF "FOR YOUR TNTE REST. LEARN SECPET INVESTMENT STRATEGIESs DISCOVER WAYS SAVE PORFY POW YOUP POPTGACF. ALSO S&F HOW THF NEW TAX LAHS MAY AFFECT YOU. PUSTMFESS CHFCKING ACCCUNT 003-07 6661-7 GIMMING BALANCES 4,6P2.29 LOWEST ACCOUNT PALANCFE 3,173.80 POSITS/CREDITE: 24,239.64) HICHEST ACCOUNT RALANCE? 25,870.71 THDRAWALS/OFRITS: 20,238697 INTEREST PAIN THIS PERTOD: 00 DING BALANCE? ©,273.P3 INTEREST PAIN YEAR TO DATE? 00 POSITS/CREDIT® SURRAPY FOP PFRICN 12/27/92 THRU 01/20/93 EF FRENCF ATF ANCUNT DESCRIPTION EPOSIT 12/28 479.25 EPOSIT 2/28 750.00 EPOSIT O1/05 575.00 EPOSIT C1s¢5 479.25 7 EPOSIT A1se8 250.00 * EPOSIT O1/12 22 5496.9) / EPCSIT Clsi? 200.00 7 TEDPAMAL S/DFRYTS SUPMAPY FPR PERION 12/22/92 THRU C1720/03 FFERENCE C¥-PC RATE AMOUNT - REFERENCE CK-NG DATE AMOUNT D10P9D& =1F0L ATsrK 3,042.09 20408750 1015 “01/15 4045.00 JOIESS1 10726 O17/14 15196685 20408751 1016. “017/15 3,000.00 OC13201 1012-9745 BCOO.CO F7A0NBR4N = 1018 # 01720 180.00 20237223 eT! ontysyR: 9€.9% 20113996 3019 «1720 70.09 ADMINISTRATIVE COMPLAINT FF ERENCE PATE AMOUNT DESCRIPTION ExHipig of _ = AS f PIT n1scP ece.cen wiTHoRAwAL PAGE 3 of 3 ; aN. 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Docket for Case No: 04-001838

Issue Date	Proceedings
Jun. 16, 2004	Order Closing File. CASE CLOSED.
Jun. 15, 2004	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jun. 07, 2004	Order of Pre-hearing Instructions.
Jun. 07, 2004	Notice of Hearing by Video Teleconference (video hearing set for July 12, 2004; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL).
May 21, 2004	Election of Rights filed.
May 21, 2004	Administrative Complaint filed.
May 21, 2004	Agency referral filed.
May 21, 2004	Initial Order.