STATE OF FLORIDA Pprye Se DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION " wee ge FLORIDA DEPARTMENT OF BUSINESS 205 JAN -7 ATE AND PROFESSIONAL REGULATION, Spe: DIVISION OF REAL ESTATE, Coe Petitioner, vs. FDBPR Case N° 2002000535 SHIRLEY MELLON ROOS, = A797 pl OS CC] 7P¢L Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Florida Department of Business and Professional Regulation, hereinafter referred to as “Petitioner,” and files this Administrative Complaint against Shirley Mellon Roos hereinafter, referred to as "Respondent," 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 Section 20.155 and Chapters 120, 455 and 475, Florida Statutes, and the rules promulgated pursuant thereto. 2. At all times material, Respondent was not registered as a real estate broker or sales associate in the State of Florida in accordance with Chapter 475 of the Florida Statutes. 3. Chapter 475.01(1)(a), Florida Statutes states, in pertinent part: ‘Broker’ means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, dy ws 5 ag NER Sdn mm FEDBPR v. Shirley Metlon Roos Case No. 2002000535 Administrative Complaint auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. A broker renders a professional service and is a professional within the meaning of s. 95.11(4)(a). 4. "Operate" means the commission of one or more acts described in Chapter 475, Florida Statutes, as constituting or defining a broker, broker associate, or sales associate, not including, however, any of the exceptions stated therein. See Section 475.01(3), Florida Statutes. 5. No person shall operate as a real estate broker or sales associate in Florida without being the holder of a valid and current active license therefor. See Section 475.42(1)(a), Florida Statutes. 6. Currently, Respondent is a licensed real estate sales associate. 7, Respondent was the manager of Cannon Creek Airpark located at Lake City, Florida at all times material herein, and among other duties managed the required construction of airplane hangers and paperwork necessary to issue runway licenses to residents of the park. 8. Respondent advertised existing homes for sale within the airpark during all times material. FDBPR v. Shirley Mellon Roos Case No. 2002000535 Administrative Complaint 9, Respondent facilitated a real estate transaction by bringing to gether David W. Larkin and Thiry A. Larkin (Larkin’s), sellers, and J oseph E. Colonna (Colonna), the buyer of real property in expectation of a commission on the transaction. 10. Respondent faxed information regarding real property for sale described as Lot Cc Cannon Creek, Columbia County, Florida, and the sale price of that property to Joseph E. Colonna’s agent. 11, Respondent further showed the subject property to the buyer and negotiated on behalf of the sellers the terms for the sale of the subject property, with the buyer’s agent, Victor J. Morales. 12. A contract for sale and purchase of the subject property was submitted to the Larkin's through Respondent and the Larkin’s agreed to the terms of that contract. A copy of the contract is attached hereto and made a part hereof as Exhibit 1. 13. Before the closing date of that contract 4 problem arose concerning the terms of a Jeaseback of runway rights between buyer and seller. 14, Respondent negotiated a contract resolving those conflicts and the sale of the subject real property closed. 15, At closing Respondent was paid $2,000.00 by check for a commission pursuant an oral agreement with the Larkin’s to geta5 percent commission. A copy of the check 1s attached hereto and made a part hereof as Exhibit 2. 16. Subsequent to the filing of a complaint, Respondent did return the check from the Larkin’s and did submit 2 pill for “expenses” involved in her participation in the negotiations between the parties in the amount of $1 ,773. A copy of the bill is attached hereto and made a part 3 FDBPR v. Shirley Mellon Roos Case No. 2002000535 Administrative Complaint hereof as Exhibit 3. COUNT I Based upon the foregoing, Respondent is guilty of having operated as a broker or sales associate without being the holder of a valid and current license as a broker or sales associate in violation of Section 475.42(1)(a), Florida Statutes, and, therefore, in violation of Section 455.228, Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, Or permit; suspension of the license, registration, Or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand, imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses, publication; or any combination of the foregoing which may apply. See Section 475.25(1); Florida Statutes and Rule 6152-24.001, Florida Administrative Code. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the off fense(s), include: revocation of the license, registration, OT 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 4 FDBPR v. Shirley Mellon Roos Case No. 2002000535 Administrative Complaint 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 and Rule 61J2-24.001, Florida Administrative Code. SIGNED this Zot tay of SIAL 2004. Department of Business and Professional Regulation by: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER Juana C. Watkins, Senior Attorney Florida Bar N° 192112 Senior Attorney, Real Estate Department of Business and Professional Regulation, Division of Real Estate 400 West Robinson Street N801 Orlando, FL 32801-1757 (407) 481-5632 (407) 317-7260 FAX FDBPR v. Shirley Mellon Roos Case No. 2002000535 Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the 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 Department of Business and Professional Regulation a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. ~~ THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR. TNT enn Contract for Sale and Purchase FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR apannes: DAVID W. LARISIN AND TH y A. LARKIN gam 2of fait fob aaa Jose B. Colonna bb we Se tol (Sellar), 12 . Umit BO2 St PETERSAUAG EL.A> aT AL + — (Buyer). | WAGON WHEEL CT. GLEN Ano MD. 21057 Peed ol = 0425 _ 4993 1 &COBA DANE Sout Sheraby agree that Seller shal! sell and Buyer shall buy the following described real properly and personal property (colleciively “Property") pursuant fo the terms and conditions of this Contrac 6tor Sale and Purchase and any ridars and addenda ("Contract"): ms JEN 7 A HBF 9 DESCRIPTION: (a) Legal description of the Real Property located in CeLuMBtA county Florida LOT 7S CANNow CREEK. ESTATE O©RiGINAL . ELSE! Mt (D) Street address, city, zip, of the Proparty is: ! "ve (@} Personal Propary: REFRIGERATOR, STOVE, Disk#wi4 sHer _ . f ” -. “ +51 PURCHASE PRICE: a oe ” fa) Deppat held in escrow by REAL ESTATE SeeciA Lists. we: iS wee, Agent) in the amount of. #8 {b) Additional escrow deposit to be made to Escrow Agent within. © days after Etective Date (see Paragraph III} in the amount of 413. {¢) Subject fo AND assumption of exisling mortgage in good standing in favor of — 2 having an approximate present principal balance of. #21 {d) New mortgage financing with a Lender (see Paragraph {V} in the amount of __ $e 422 (e) Purchase manay mortgage and note to Sellar {see rider for terms) in the amount of $__ 74, COO. Co 23 ({) Other: $n 424 (g) Balance to close by U.S. cash or LOCALLY Térs or official bank check(s), subject to adjustments or proralions .. cnn $ PL OODLE 251M, TIME FOR ACCEPTANCE OF OFFER; DATE; FACSIMILE: If this otfar is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing #26 between the parties on or before a7 a >]. the deposit(s) will, al Buyer's option, be returned and this offar withdrawn. For purposes of detivery or notice 0 27 execution, parties include Buyer and Seller or each of the respective brokers or atlorneys. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Selle 28has signed this otfer. A facsimile copy of this Contract and any signatures hereon shat! be considered for all purposes as an original. 291, FINANCING: #0 Q {a) This is a cash transaction with no contingencies for financing; . +31 2 (b) This Contract is conditioned on Buyer obtaining a joan commitment within 44>. days after Etiective Date for (CHECK ONLY ONE): [a fixed; Q] an adjustable; or C) « 432 fixed or adjustable rate loan {n the principal amount of $ 1 COO.0.@ _, al an initial interest rate not to exceed ‘7 _%, discount and origination lees not to exceed _f_% 0 #33 principal amount, and for a term of _3@: years. Buyer will make application within days (5 days if left blank) afiar Effective Date and use reasonable diligence to obtain a joar 34 commitment and, -hereatter. to satisfy terms and conditions of the commitment and close the loan. Buyer shail pay all loar! expenses. t Buyor fails to obtain a commitment of tails to waive 38 Buyer's rights under this subparagraph within the time lar obtaining a commitment or, atter diligent effort, Ialls to meet the terms and conditions of the commitment by the closing date 38 then either party thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the depsit(s); or 37 (Q () The existing mortgage, described in Paragraph If{c) above, has: (} a variable interest rate; or CJ a fixed interest rate of _% per annum. At time of tille transfer, some fixer 438 inferast rates are subject to increase; if increased, the rate shall not exceed __% per annum, Seller shall furnish a statement trom each mortgagee staling the principal balance 39 method of payment, interest rate and status of morigage or authorize Buyer or Closing Agent to obtain the same. if Buyer has agreed to assume a mortgage which requires approve 40 of Buyer by the mortgagee for assumplion, then Buyer shall promptly obtain the necessary application and diligently complete and retum it fo the mortgages. Any mortgagee charge(s) ‘41 nottoexceed$_ (1% of ammount assumed if left blank), shall be paid by Buyer. If Buyor is not accepted by mortgagee or the requirements for assumption ar 42 nol in accordance with the lerms of this Contract or moriyagee makes a charge in excess of the stalJ amount, Seller or Buyer maygescind this Contract by written notice (0 Jog othe 43 party uniess either elects to pay the increase in interest rate or excess mortgage charges Qe Vewwee2. 2 Hy GC ea ds. *41V, TITLE EVIDENCE: At least _ 22. days before closing date, (CHECK ONLY ONE) Aii/Setey shall-at Sollers 2 bolisort>-auy aug yep-ghedkarTaspaci 445 ayonocmabhein (CHECK ONLY ONE): () abstract of title: or i ttle insurance commitment (with legi@copies of instruments listed as exceptions attached thereto) pdLatter closing, ar 46 owner’s policy of tila insurance. . o . : #47 VL. CLOSING DATE: This transaction shall be closed and the closing documents delivered on FEB-(5,2Z0O2 ___untess moditid by other provisions of this Contract 48Vil, RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shail lake tille subject lo: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed b: {3 governmental authori: restrictions and matters appearing on the plat or otherwise common to the subdivision; outstanding il, gas and mineral righis of record without right of entry: publi 50 utility easements of record (easements are to be located contiguous lo real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side 51 lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and rca money mortgages, if any (if additional items, see addendum) ESI EM Ch 452 provided, that there ex sts at closing no violation of the foregoing and none prevent use of the Property for _———— Purpose(s) $3 Vill, OCCUPANCY: Soller warrants that there are no parties in occupancy other than Selier; but if Property is intended to be rented or occupied beyond closing, the fact and terms thereo 54 and Ihe tenant(s) or occupants shall be disclosed pursuant lo Standard F Seller shail deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein, If occupanc: 851s to be delivered belore closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be rasponsible and liable for maintenance from that date, and shail be deemed tt 86 have accepted Properly in its existing condition as ot time of taking occupancy untess otherwise slated herein. S71X.. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shail control all printed provisions of this Contract in conflict wilh them 56X. #59 +30 +61 RIDERS: (CHECK those riders which are appiicable AND are attached to this Contract): ( COMPREHENSIVE RIDER (J HOMEOWNERS’ ASSN. a COASTAL CONSTRUCTION CONTROL LINE () CONDOMINIUM fa‘as is" INSULATIO} . ‘ GvAFHA IC) LEAD-BASED PAINT ESTRICTIOMS 462XL_ASSIGNABILITY: (CHECK ONLY ONE): Buyer C) may assign and thereby be released trom any further liability under this Contract; (3 may assign but not be released trom liability x63. under this Contract; or {@. may not assign this Contract, 64 XU, DISCLOSURES: 65 (a) Radon is a naturally oocurring radioactive gas that when accumulated in a building in sufficient quantities may present hea th risks to persons who are exposed 10 it over time. Levels of radot thal exceed feceral and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon tasting may be obtainod Irom your County Public Health unit 6 67 _(b) Buyer acknowledges receipt of the Florida Building Energy-Etficiency Rating System Brochure. 68 —_(c) If the real property includes pre-1978 residential housing then a lead-based paint rider is mandatory. 63 (d) If Seller Is a “foreign person” as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act 70 (@) If Buyer wilt be obligated to be a member of a homeowners’ association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE n HOMEOWNERS’ ASSOCIATION DISCLOSURE. 72Xill MAXIMUN REPAIR COSTS: Soller shall not be responsible or payments in excess of ee aa! Bi nppteripserer bo? for treatment and repair under Standard D {if blank, then 2% of the Purchase Prive). 7 ~~ L oc 474 $ EET EO Pais for repair and replacement undar Standard N {if blank, then 3% of the Purchase Price). #75 XI, SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE AL 77} ~ i 7 B ” 0 8 * ws aay F 4, Ch onronron 12. |]-oL. 76XV. STANDARDS FCA REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated as a part of this Contract. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. (Datey (Seller) — —eatey #84 Social Security or Tax roadl 6 4Y2aATE i ba Social Security or Tax ILD. # pb3- 7¢- Gms. f fu lor 85 86 #87 Social Security or Tax LD. # Geller) * (Date) gs) Qo Pooh Jex[[-o | Social Security or Tax i.D. # Zb/- ad 2 3529 __ _ (Buyer) +488 Deposit under Paragraph Il (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. REAL ESTATE SPARC ALI STS INC: & MA Escrow agent 89 BROKER'S FEE: The brokers named below, including listing and cooperating brokers, are the only brokers entilied to compensation in connection with this Contract: sprane Azar Capate SpecsdssTo, ine G MAC V. J. Monases _ Due Mee cil Cooperating Brokers, if any Listing Broker C paatn & ee ge can ne navamen Eanas tue £1 pina scenrianien he nearroncman rir sronina rabxHiite G_pacee 6] mores soe Pipe nee 2 DIANVANUS run pcaL BOIALE PRADA ity Cc nH 93 A. EVIDENCE OF TITLE: (1) An absiract ol litle prepared of ‘brought current by a reputable ‘aid existing absttact firm (if nol existing then celfilied as correct by an existing firm) purporting 94 to be anv abcuralé Synopsis of Ihe instuments ‘affecting litle to the real properly recorded in the publié racbrs ‘St the county wharein the real property Is focated through Effective Date. t 46 shall commence'with the earliest public ebardg, of Such tatef date ab may be ‘custémary in the county. Upon closing of this Contraot, the abstract shall become the property of Buyer, subject 96 to the, right of retention. thereof by first mortgages. until fully paid. (2) A litle Insurance commilment issued by a Florida licensed, jig insetey, sars¢ing 0, issue Buyer, upon recording of the 97 deed tb Buyef, ch. owner's policy of litle insuran {he amount of the Burchase preg. peut Buyer's {itle to the real property, Subjécl ‘only’ @ iibhs,“ encumbrances, exceptions Pr 98 Qualificalions provided in this Contract and Those th ba tischarged by Seller at or ford closing. Sellar shail convey marketatls tille ‘subject only to liens. fencumbranées: exceptions or se qualifcations provided in ‘his Contract sTarkstable tile shall be determined according to applicable File a Camis adopted by aulhority of The Florida Bar and in accordance wilh law. top Buybr ahall have 5 days from date of receiving evidence of Iie te aeerina it I ile Is found celective, Buyer shall within said 5 davs nofity Seller in writing specifying the defect(s). I delect(s) tot render litle unmarketable, Sellar wil have 30 days from receipt of nolice 19 jemove the defects, laiing which BuySt veal wethin five (@) days alter expiration of the thitty,(30) day period, ez dolivar wnitten notice lo Seller ether: (1) extending the time for 8.102800 ve io exceed! 120 Gays wilhin which Seller shu use cliigent effort lo renee the defécla; or (2) requeating tua 2 refund of deposil(s} paid which shalt be immediately ire sad to Buyer. It Buyer fails to 50 notily Seller, Buyer shall be deemed 19 have eccepted the litle as it then is. Seller shall, it tile long found unmarketable, use diigant effort to correct delect(s) ‘within the time provided theretor. f Seller is urabie to timely correct the defects, Buyer shall either waive the defects, or receive esa refund of deposil(s), thereby releasing Buyar and Seller rom Wh forther obligations under this Contract. Il evidence of tile Is daliverad to Buyer fess than 5 daya prior to closing, Buyer 406 may extend closing date so thal Buyer ‘shall have up to 5 days from date of receip! of ‘evidence of life {6 examine same in accurdance with this Standard. . n 407 B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage nole to Seller shall provide fora 30-day grace period in the event of 409 detault # a first mortgage and a 15-day oF fod if a second oF lesser morigage; shat! provide for right of prepayment in whoie or in part ‘without penatty; shalt parmit acceleration in avent of 409 transter of the real property: “encumbrances to be kept in good slanking and forbid modifications of oF future advances under prior mortgage(s}, shat requite Buyer 110 to maintain policies of insurancs ndard mortgagee clause covering al it located on the re all peris inctuded within the term “extended nm coverage endorsement ka and perils as Seller may tpasohably fn an’amouht equal to tha ae we morigage, note and security agreement 142 shall be otherwise in for a Seller may only Hgiigd Hotes and security aareerient t tia alized by Savings ‘and loart Institutions oF stale, oF national located In ated, All beret proparty a ea SRS Avaiarts x . {4 Sellars option, be subject to the lien of a secur Agjreerhent evidericed by feooided financing stateménls. balliog mortgage, the final payrh i! vail dxceed the periodic paymants thereon. 115 C, SURVEY: ‘Buyer, ‘at Buyerdiexpette? within tlme ‘allowad to’ deliver Bvidericé'ot ills and to wkamine bane’ iy hinve the teal prop ity sueveyau Aan Te EPR Balstorad Florida Hig surveyor. the survey discloses encroachments on the real property or that improvements tocated thereon roroach on setback lines, easements, lands of others oF violate any testrictions, 447 Contract covenants o‘applicadle governmental regulation, {he same shall constitute a title defect. 1a OL ape NG a LODE TPE EF Der, Gy Hae Coma {is U TERMITESAWOOD DESTROYING ORGANISMS! Buyer. at ‘Buyers expense. within the time allowed to deivet eviderice of tile, may have the Property inspected by a Florida Certified Pest 11 Contin Operator Operator’ to determine it ere is any visible active termite infestation or visible damage from, Termite infestation, gxchixting fences. If either or both ore found, Buyer shall have {20 4 days (rom date,ol writen notice thereof within which to have cost of realment, i required, estimated by fhe ‘Operator and all darnage inspected and estimated by & licensed builder or yertaral 421 contractor. Seller shall pay Valid costs of treatment and repair of Bil damage up {6 tHe ammount provided in Paragraph Xill(a). If estimated costs ‘exceed that amount, Buyer shall hava the option of. 422 canceling this Contract within 5 days ‘after receipt ot contractor's repair estimale by giviog written notice to Seller or Buyer may elect to proceed With the transaction and receive 4 credit at Hostig + oa the amount provided in Paragraph Xil(a) "Termites: shal be eerad to inchuda al yiocd destroying organisms required to De reported under the Florida Pest Controt Act, as amended. 124 E. INGRESS AND EGRESS: Sellef Warrants and fepresents thal thera is ingress alid qaress to the real property gullicino for tentendrr ier BS ascrived. nBarsareeh ikpeseatd el? ee Nee i accordance with Standard AL sy) ss is My me ee one oe ay ten ane op EOMR ST nn wee and oy ren 126 F. LEASES: Sellar, shall, not less than, 15 days belie closing. c r copies of all written leases and Sstoppel tors from each tenant specifying the nature and duration of the tehant’s 427 occupancy, rental rates, advanced.rent and Security, ‘paid by, tenant. If Seller.is,unabie {o,oblain such letter trom each tenant, the same information shall bo furnished by Seller to Buyer © 422 within that time period Ir the form of a Seliers atfidavit, ang Buyer may ‘nereatter contact tenant to confirm such information, ‘Seller. shall, at closing,.sleliver and a {28 G. LIENS: Seller, shall lurnish to, Buyet at time of closing an affidavit attesting to the absence, Unless otherwise provided {oy herein ol any financing statemy 130 llenors known to, Seller and further attesting that there have been no improvements or repairs to the real property for 90 days immediately preceding date of eh 43! been Improve of tepaired within th . ‘or waivers of construction liens executed by alt gensral contractors, subcontractors, suppliers and materiaimen in 432 atldition to Seller's lert-bifidavit setiifig forth t ry factors, subcontractors, suppliers and materiaimen. further affirming that all charges tor iy rovernents oF 433 repairs which could se've as a basis lor a cons! mages have been pald ot will be paid at the closing of this Koni teen JE BO Ia 80 SEY BEA) PUA 434 H, PLACE OF CLOSING: Closing shall be eid In the i property is located-at the office of the attorney oF other closing agent (‘Closing Agent’) designated by Seller. 135 L. TIME: In computing time periods of less than six “and stata or national legal hotidays shall be excluded. Ay lime petiods provided for herein which shall 436 end on a Salyrday, ‘Sunday, of a legat hol . day. Time !s of the essence in this Contracts 7r) anya) Ue POU LHOT rac 197 J. CLOSING DOCUMENTS: Seller shal! 1 Ms idavit. assignments of leases, {enant and mortgagee estoppel letters: a8 and corrective instuments. Byyer shall furnish closin OLS,» «4 See aM AL LRURIGL FA EOW 199 K. EXPENSES: Docuinehtary st Iniarigible tax on the purchase ‘imondy morigage 449 and any mortgage assumed, mortgages title’ Insurance: oney mortgage to Seller, deed a talements shall be paid 141 by Buyer. Unless otherwise provided by law of rider to this Contract, charges : buthael chart: title okeitiih Lari) ane'saltainient arid 442 olosing fee, shalt be pald by the party rasponsible’for (urnishing the tile ‘evidence in éccdidance with Paragraiyh V. 10 vat Poy Ay |GP? OIpANAeG HEATHY PBUID" HW OCE PRAGA \q'l: PRORATIONS; CREDITS: Taxes! assessments. ron, rarvact insixance end other @xpensies ofthe Property shal Be jtHtough the yy bi ips Bhan HEN thd SHON 44 of taking over existi crasgumabie, inywhich event pcemiume shal be prorated: Ces!) At closing shal sed ot: rad by ttareljangqo {45,be made through day prios of, oocupancy, tt accupaney, ocourg,BlOre. closing. Advance rant.and.st curity eposis: ebytedltorBuyar. 64 jepapits} ndings 146 will be credited to Si ‘eed onthe current.years tax with due allowance. made: nt disequntahomestedd pion i i 447 occurs al a date whi millage Is not fixed and current year’s ‘assessment is available, taxes puch assassmel ryoate, fiilisapy 148, curragt year’s ‘ated on prior year’s tax,.t there are comp! maperty by Jan yearat clasingr hich 149 improvements ist taxes shall be prorated based upon pl t le assessment 19, be, earees Wares a {50 the barties! failing which, reque h : ser for An informal assessinent on! Grilion {ysBbd BW ax BStiNete 151 shall, at reqix vt of tax bil! on condition that @ ‘statement to that effect Is signed at closing. * . akg Lae 152 M, SPECIAL: ied special assessment lians as of date of closing {rot nsiot-Etectve até) ars to beret by: Salat andi at 153 date of closing §' besn substantially ¢ompleted'as of Effective Dale, fH bhall bo considered tertideds ptt % tee N. INSPECTION; REPAIR AND MAINTENANCE: Sofier ‘warrants that the ceiling, 1S dockage do nol have any Visible Evidence of leaks, waler,deryee Te Structural damage,and that the septic tanke 157 sysierps and machinery are in Working ‘Condition, The fSregoing warranty shall be Ynited to 458 inspections made of thgse llams within 20 days aker the Ellective Date, by.a firm pr individual specializing ctlons and hol 459 of by an appropriately licensed Florida contragior, and Buyer shal, prior to ‘Buyer's gccupancy but not mo} ctive Dale, s9PO" Nor {to the above standards as to detects. Unless such detects, Byyet shall be deer warraplge as lo datoct ets fo mal 461 requitad to comply with, this, tard, Sater shail cause ther to be made and shal pay, up to the in ‘ep 6 cosmetié Condition unless caused by a delect Selon 'S tesponsible to, ‘or feplace. Il the cos " 163 Sellar. may elect fo pay sither party may cancel this Contract, I, Seller Is 164 Seller shall, upon, re: gervice end access to the Property for inspections, icy 165 on the rea, property. ‘ed repairs arid replacements have been made, 4 166 has been mantaine: ‘ordinary wear and {ear excepted. For purposes of ‘enanyat io, which 167 the tem was designed to operate; (bj “Cosmetic Condition” means ‘aesthetic imperfections that do nol affect the working condition of the item, including, ‘marcite; missing 168 or tom screens; fogged windows; tears, worn SPOIS OF Trevoloralion of cor coverings, walpaper, oF window treatments: coh holes, scratches, dents, scrapes, chips or caulking In colina, walls, 162 Rooting, fidures, oF Miors: anid minor cracks # floors, Wes. ra os, ariveways, sidewaNes, or pool decks; and (c) crackerd 106) Nek. curling of worn shingles, of limited roof ite shalt not be 170 considered defects Soller must repair or teplace, 80 Yong BS Thor is no evidence of actual,leaks oF leakage or stuctural dameoe, Dut missing ties wil be Sellers responsibly to replace oF rena tit ©. RISK OF LOSS: it the Property is daagod Py tre 0! diner casualty before closing and cost of restoration does not oxceed 3% ofthe, aspessed valuation ol she Property to damaged, 172 cost of restoration shall be an obligation of Setler,and Coreg Shall proceed pursuant to the terms of this Contract with restoration cosis escrowed at closing. {the cost of restoralionaxceeds {73 SY of, he qssessed valuation of the Property $6. damaged, Buyer shal have the option of either taking the Property as ia.together witty, ei! 474 by virtue of such loss of ‘damage, or of cancelllig this ‘Contract and receiving return of the deposit(s). cay tees ges - 175 P. PROCEEDS OF SALE; CLOSING PROCEDURE: Thé deed shall be retorded upon ‘clearance of funds if an abstract of title has been furnished, evidellce of title shall be continued at 176 Buyer's expense to show title in Buyer, without 6h cacumbrances-or change which would render Seller's tle Gnmarketabie from the date of the tast evidenge. Alt closing proceeds shall be {U7 hold in escrow by Seller's attorney or other mutually eareplable escrow agent for a period of riot more than S days Minar closing date, if Seltar’ title Is rendered unmarketable, through no . 478 fault of Buyer, Buy cat Shall, within thé’ 5-day period, notify Setier th writing of the ‘delect and Sefler shail have 20 days frorn date al receipt of such nolification to cure the Yatécrilh Selidtialis: 17510 limety curadhe defect. all: deposite) and closing funds shall, upon writen demand by Buyer ‘and within § days ater demand, be retumed to Buyrzand, simulianiboUsly: With” BUth « ta0 repayment, Buyer shall relurn the personal propery. aoaie the reel property and reconwey, the, Property, to Selon Py, special, waranty deed and bili of saje W Guyot. fails {0 make.timely : {ht demand for relund, Buyer shail take title as is, waiving all rights against Seller ‘45 to any Intarvening defect Axcept as may £13 Gvaildble to Buyer by virtue of Warranties contained in the déod {82 0F bil of gale, (,8 portion af the purchase price ‘ato be derived fromainstittional financing oF Tefinancing, requirements of the landing insttution as to place, lime of day atid procedilres tore" 1 closing, and tor disbursement of, mortgage proceeds shall, conlroi.qver contrary provision in this, Contract. Seller shall ave, he ph! to require. from the fending institution. a. written fea cortmilmiant that It wit Aat wihhoid disbursement ot torigage probeeds aé a result of ‘any Lite’ detect ‘atttibutabla le Buyermartgagor. ing procedurd faguiréd by This oe 2 OS REGegh ee. ESCROW: Any escrow agent (’Agant) receiving ‘ends of equivaiant is authorized and agrees by acceptance ef yam to deposit tham promptly, hold same in BscroW BAU, ‘subject to ~ 187,clearanca,, disburse them in accordance wilh lerms and conditions ‘of this Conttacl. Failure of funds to clear shall not excuse Buyer's performance. ILin doubles; Lope Ce oinent ! {a8 under the provisions ‘Sf this Contract, Agent may, al Agent's option, ‘continue to hold Ihe subject matter of the escrow until the parties harato agree to its dishurgeneht Or Unt A {uligefnent We ot a court of competent jurisdiction shall determine the right the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notlying too all parties concerned of such action, all ability on the part of Agent shal! {uly terminate, except to the exter’ oF gapounting for en items previously delivered out of escrow: I @ licensed ‘real estate broker, Agent will comply with provisions ol Chapter 475, FS. as amended. Any sull belween Buyer nti Seller wherein Agent Is made a party because of actiig 8& Agent ‘a2 herduder, ot In ary’ suit wherein Agent interpleads the ‘Subject matter of the escrow. Agent shall recover csaeonable etiorney’s lees and costs incurred with these amount fo be paid from 193 and out gf,the escrowed funds of, ‘equivatent ahd,charged and awarded as court costs Srfavor of the prevailing party. the Agent shalf not De liable to any party or pargon.for-miadelivery to 194 Buyér of Seller of items subject to the escrow, evioss auch misdelivery is due to wilul breach of the provisions ‘Of this Contract or grass negligence of Agent. i Fee (96 R. ATTORNEY'S FEES; ‘COSTS: In any litigalion, including ‘preach, enforcement of interpretalion, arising out of this Contract, the prevailing party in such Uligation, which, Tor purposes of {96 this Standard, sna include Seller, Buyer and any ‘brokers acting in agency of nonagency relalionshps 7m ihorized by Chapter 475;-F 6: aa amended, shall be eniitled to recover from the 197 nor-prevailing party reasonable alloiney’s fees, Cosis and expenses. - . a Oe pe eee cee . tte &. FAILURE OF PERFORMANCE: If Suyer Tails to petform Kis Contract within the time spécitied, Includiig payment of 4 depositis) paid by Buyar ahi Bposit(s) agreed to ton be paid, may be recovered and retained by and for The account of Seller as agreed upon liquidated damages. ensiceration for the execution of this Contract and in full settlement of any en claims; whereupon, Buyer and Seller shall be, relieved of all obligations under this Contract. or Selier. Setere option, inay proceed in equiy fo enforce Seller's rights under this Contraek ay 201 If for any reason other than, Jalture. ol, Sellar,to make, aller's tito, man atter,diligent etfort,;Setler fails, naglects or refuses 19, parforep this Caquagn Buyer may : 202 or elect lo repeive the relurn of Buyer's deposit{s) ‘thal thoroby Any action for damages. resulting from Seller's breach, +=" * == 4 293 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice ol il shall be recorded in any public records. ; 1 il the befetit ol the parties afid thelr successors m interest iunenever the context permits, singular shall include plural and one gender shall include alt. 205 any party shall be as ortega as J aver bs ontothat patty: ~~ ae — ao wm rk ted 206 U. CONVEYANCE: Selie! hall coftvey titlé to the real property by stalulory ‘wartanly, Irusteé’s, personal representative's OF guardian's deed, as Fy ‘ vp only to matiers contained in Paragraph Vth and shost \nerwise accepted by Buyer. Personal property shal. tthe request of Buyer, be transtorres on > 28.01 tilie, subject anly 19. such matier be, [iN xr acum any —_ - a ‘ : mee OTHER AGREEMENTS! Nobo Woke a ar Eber Or Sele ; sie A st 219 Dorfiact shail bg valtd-Or bindifig upbr ios iplen meh f AH xe ; an ARGO Soller watfants bast ji ee 5 d 3 . 4 212 disclosed to Buyehir# "mat ag ut Nee ‘ pata May! See ir Eq Que LrOHINY RYH receipt of a copy. ae ecg FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSE! BUYERS OF REAL ESTATE. You should not a! in an authorized brokerage relationship, information you want to be held in confidence un ssume that any real est IMPORTANT NOTICE =S PROVIDE THIS noTiceltt Bi tia dei Gees AND ate broker or salesperson represents you unless you agree to either as a single agent or as a transaction broker. You are advised no til you make 2 decision on representation. sae besl TRANSACTION BROKER NOTICE ? angage areal estate licensee t to disclose‘any FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITE As a transaction broker, Real Estate Spec associates, provides to you a D FORM OF REPRESENTATION. and its 4. Dealing honestly and fairly; 2. Accounting for all funds; 3. Using skill, care, and diligence in the transaction, 4, Disclosing all known facts that materially 5. Presenting all offers and counteroffers in a tit . 6, Limited confidentiality, un! accept a price less than the asking or listed price motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than ed by a party to remain confidential; and offer, of the those offered, or of any other information request 7, Any additional duties that are entered into by t Limited representation means that a buyer or seller is no rights to the undivided loyalty of the li by assisting both lQEc imely manner, ess waived in writing by a party. This , that the buyer will pay & price greater than t affect the value of residential real property and are t responsible for th ialist Inc. GMAC limited form of representation that includes the following duties: unless a party has previously directed the licensee limited confidentiality wil prevent disclosure that the seller will he price submitted in a written nis or by separate written agreement. ie acts of the licensee. censee. This aspect of limited representation allows a licensee to facilitate a not readily observable to the buyer; otherwise in writing; _ Additionally, parties are giving up their real estate transaction the buyerand the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties. 2001 im This form is available mark which may be used only by real estate licensees who are members of The copyright laws of the United States (17 U.S. BRD-4tb for use by the entire real estate industry and is Code} forbid the unauthorized Rev. 5/00 © 1999 Florida Association of Rearrors® Signature SEALE All Rights Reserved xe not intended to identify the user as a REALTOR. FIEALTOR is a registered collective membership the National Association of ReatTors ancl whe subscribe to its Code of Ethics. reproduction of blank forms by any means including facsimile or computerized forms. EXHIBITS 4 paces 62 naa ene Ty ADDENDUM 1 of 1 FER ate * of Lot 7C, Canno Creek Estates, Unplatted, Columbia County, Florida, SoS& i, &Col on nA . Buyer, and « Denid ne Thiey A. Lectin _, sellers. 4. There have been or will be recorded restrictive covenants governing the use and occupancy of properties in this community. THIS ADDENDUM is hereby made a part of that certain Contract for Sale A Sarasa We 35 é aie 2, There is an obligation to pay rent or land use fees for recreational or other commonly used facilities as an obligation of ownership. The amount of the current obligation is $2,500.00, which represents the purchase of a Cannon Creek Airport Runway License. Sellers represent that this obligation has been met. There is a further obligation to pay Maintenance and Use Fees to Cannon Creek Airport, Inc. Sellers represent that the Maintenance and Use Fees for the year 2001 were $410.48 and that said fees increase by 5% per annum until the year 2021. Sellers warrant that their annual prorata share of the Runway Maintenance and Use fees will be paid current to date of closing. Buyers agree to pay, at closing, the balance of Maintenance and Use Fees from date of possession thru December 31, 2002. 3. Sellers and Buyers agree that Property tax shall be prorated to each in accordance with the date of closing. Buyers and Sellers acknowledge receipt of this Addendum prior to signing the attached Contract for Sale and Purchase. VaalcG lena |DEE OF ays A TURE Date Date _ JE ty Lfuve: Dp) /z- (9-0) : aan Tiley "CAeKia DAVID CAEN Date Date OMCLAINT wa EXHIBIT# 4 pre AL cee A JHN 2y 2uue 1:59PM HP LHSERJE! 32u0Uu STIPULATION TO CONTRACT FOR SALE AND PURCHASE mts JAN -T A TE 35 The terms and conditions of the attached Contract for Sale and Purchase of the home," outbuildjrpgyand lot located on Lot 7€, Cannon Creek Estates Original, Co ia County, ont mo Fhoric fas} hereby accepted by SELLER with the following stipulations; - Fae (yt /e < 1. That B sing costs to include: doc stamps, fitle-seareh; title- jee y es-ai-courir es; and Bay Othe ees rickman J ec | but shall not include any fees incurred by SELLER q ge suPRAee if "4 IS for his personal pre-payment penalties for prior loan(s). pe R pay zifclo | -2 co) 2. That the home, outbuilding, and lot be purchased, “AS IS” thus rendering Article / XMM null and void. . 3, SELLER warrants that the home is currently rented and that the terms and conditions of continued rental shall be a matter to be discussed between current tenant and BUYER. BUYER recognizes that the terms of the lease signed by the SELLER call for a thirty (30) day termination notice and agrees to abide by same. 4, Realtor Commission for Victor Morales shall be 2% of sale price payable by SELLER at closing. Ke ~ “ 4, bbe DAVID W. LARKIN, Seller OSEPH E. COLONNA, Buyer : . 1A ¢ : _ RY A. LARKIN, Seller 65 EXHIBITH, 4 pace ee Memo SOA CE? B WOOLBLS® 130630000 2h 9980988534" — T#aovd UA —_— i, ry name aR a — eueweh ie ca et AE AAO A Rt 10 Box 19 Lake City, FL 32025 au March 28, 2002 7085 JAN -7 ATE Mr. David W. Larkin 4993 Bacopa Lane, South Unit 802 St. Petersburg, FL 33715-2651 Dear David, Enclosed is the check you sent for $2,000. Iam returning it to you as it is an overpayment of my out-of-pocket expenses incurred while assisting with the sale of your home on Lot 7C, Cannon Creek Estates Unplatted, Cannon Creek Airpark. Those expenses are as follows: Groceries & Entertainment of Clients $503 AOPA Convention exp. % allocated to D. Larkin 644 Mileage 42 Copies & Printing 67 Supplies 58 27 Staff Assistant hours @ $8/hr 216 Postage 217 Long Distance Telephone Calls 26 $1,773 I made no charge to you for the use of my apartment where your prospective buyers as well as Mr. Colonna were lodged nor for my personal time. | would appreciate your issuing a check in the amount of $1,773 for reimbursement of expenses and mailing it to the above address. My understanding of our agreement was to save you as much money as possible while consulting with you on the sale of your home. While you would have paid 5%, I negotiated your commission to Mr. Morales at 2% in an effort to fulfill that agreement. [trust that all is well with you and wish you the best with your future endeavors. Sincerely, Shirley Mellen Roos exnisit¢_1L_ PAGEF 38 my

Docket for Case No: 05-000077PL