STATE OF FLORIDA F, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Z, FLORIDA REAL ESTATE COMMISSION G FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ms o DIVISION OF REAL ESTATE, — Petitioner, ; QO ly | | l afL vs, FDBPR Case N° 2003056764 2003056765 ERROL N. WALKER AND INFOMED PA, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Errol N. Walker and Infomed PA (“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 Errol N. Walker is and was at all times material hereto a licensed Florida real estate broker, issued license number 3009936 in accordance with Chapter 475 of the Florida Statutes, The last license issued was as an active broker with Zion Realty, Inc., 3516 SW 12 Court, Ft. Lauderdale, Florida 33312. FDBPR vs Errol N. Walker FDBPR Case N° 2003056764 Administrative Complaint 3. Respondent Infomed PA is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1013931 in accordance with Chapter 475 of the Florida Statutes, The last license issued was at the address of 8201 Peters Road #1000, Plantation, Florida 33324. 4, At all times material hereto, Respondent Errol N. Walker was licensed and operating as qualifying broker and officer of Respondent Infomed PA. 5. On or about October 1, 2003, Respondents were requested by a Department Investigator to provide Respondents’ brokerage records. 6. On or about October 1, 2003, Respondents failed to provide Respondents’ brokerage records, , 7. On or about October 8, 2003, Respondents were requested by a Department Investigator to provide Respondents’ brokerage records. 8. On or about October 8, 2003, Respondents failed to provide Respondents’ brokerage records. COUNT I Based upon the foregoing, Respondent Errol N. Walker is guilty of having obstructed or hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person acting under the authority of Chapter 475, Florida Statutes in violation of Section 475.42(1)@), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. wv FDBPR vs Errol N. Walker FDBPR Case N® 2003056764 Administrative Complaint COUNT I Based upon the foregoing, Respondent Errol N. Walker is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an accurate account of all trust fund transactions in violation of Rule 6 1J2-14.012(1) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), the Florida Statutes. COUNT It Based upon the foregoing, Respondent Infomed PA is guilty of having obstructed or hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person acting under the authority of Chapter 475, Florida Statutes in violation of Section 475.42(1)(i), Florida Statutes and, therefore, in violation of Section 475 .25(1)(e), Florida Statutes, COUNT IV Based upon the foregoing, Respondent Infomed PA is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an accurate account of all trust fund transactions in violation of Rule 6 1J2-14.012(1) of the Florida Administrative Code and, therefore, in violation of Section 475 .25(1)(e), the Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 9. Petitioner realleges and incorporates herein Paragraphs One through Three above. 10. On or about October 1, 2003, Respondent Walker admitted to a Department Investigator that Respondent Walker was not a signatory on Respondents’ escrow accounts. FDBPR vs Errol N. Walker FDBPR Case N° 2003056764 Administrative Complaint COUNT V Based upon the foregoing, Respondent Errol N. Walker is guilty of failure to be a signatory on the escrow account in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statues, COUNT VI Based upon the foregoing, Respondent Errol N. Walker is guilty of failing to perform any Statutory or legal obligation placed upon a licensee in violation of Section 455.227(1)(k), Florida Statutes, FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 11. ‘Petitioner realleges and incorporates herein Paragraphs One through Three above. 12. On or about August 27, 2002, Respondents facilitated a sales and purchase contract for property commonly known as 151 NE 82, Temi, FL 33138. A copy of the contract is attached hereto and incorporated herein as Exhibit 1. 13. Said contract called for a deposit of $4,000 would be made into the escrow account of “Islanders Realty”, 14. On or about July 29, 2002, Respondents published and or indicated that $4,000 was being held in escrow with Islanders Realty. A copy of a letter is attached hereto and incorporated herein as Exhibit 2. 15. At all times material, $4,000 was not held in escrow with Islanders Realty. FDBPR vs Errol N. Walker FDBPR Case N° 2003056764 Administrative Complaint COUNT VI Based upon the foregoing, Respondent Errol N. Walker is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT VII Based upon the foregoing, Respondent Infomed PA is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes, FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 16. Petitioner realleges and incorporates herein Paragraphs One through Three above. 17. On or about October 30, 2002, Eduardo M. Ibarra, the owner of the selling corporation of residential property made a demand on the deposit for the property commonly known as 151 NE 82, Temi, FL 33138. 18. Between October 30, 2002 and November 30, 2002, Respondent Walker indicated to Eduardo M. Ibarra that Respondent Walker filed an interpleader action regarding the deposit for the property commonly known as 151 NE 82, Temi, FL 33138. 19. To date, Respondent Walker has failed to file an interpleader action or notify the Florida Real Commission of an escrow dispute. FDBPR ys Errol N. Walker FDBPR Case N° 2003056764 Administrative Complaint COUNT IX Based upon the foregoing, Respondent Errol N. Walker is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475 25( 1)(b), Florida Statutes. COUNT X Based upon the foregoing, Respondent Errol N. Walker is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT XI Based upon the foregoing, Respondent Errol N. Walker is guilty of making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession in violation of Section 455.227(1)(a), Florida Statutes. COUNT XII Based upon the foregoing, Respondent Errol N. Walker is guilty of making deceptive, untrue, or fraudulent tepresentations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession in violation of Section 455.227(1)(m), Florida Statutes. COUNT XII Based upon the foregoing, Respondent Infomed PA is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida 6 FDBPR vs Errol N. Walker FDBFR Case N° 2003056764 Administrative Complaint Statutes. COUNT XIV Based upon the foregoing, Respondent Infomed PA is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes, COUNT XV Based upon the foregoing, Respondent Infomed PA is guilty of making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession in violation of Section 455.227(1)(a), Florida Statutes. COUNT XVI Based upon the foregoing, Respondent Infomed PA is guilty of making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession in violation of Section 455.227(1)(m), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, 7 FDBPR vs Errol N. Walker FDBPR Case N° 2003056764 Administrative Complaint 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 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of 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 Administrative Code Rule 61J2-24.001, SIGNED this { q day of Noveupec. _, 2004, Ff LER asa. of Business f d . Professional Regulation Eigperement of Professional Regulatigu By: Division of Real Estate Director, Division of Real Estate aie FDBPR vs Errol N. Walker FDBPR Case N° 2003056764 Administrative Complaint 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 JPH/k PCP: BB/PH 11/04 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. 9 Islanders Realty - . ™ Residential Sale and Purchase Contract FLORIOA ASBOCIATION OF REALTORS® ; : G ; 1° 1. SALT AND PURCHASE; HidtRA EDUARDO Me Eel Pe of eT és, Fve ("Seller") 2" and RNODERICK DELEON (Buyer) 3 agree to sell and buy on the terms and conditions specified below the property described as: 4° Address: 151 N# 82 TEM, FL. 33138 Fs County: MIAME 6 Legal Desorption, ROVAL PALM GARDEN 01-31-12-008-0390 Tv Tax 1D No: 01-31-12-00R-0390 RSE RE Ea ea 8 together with all improvements and attached items, Including fixtures, builtn furnishings, built-in appliances, ceiling fans, light 9 fixtures, attached wall-to-wall carpeting, rods, draperles and other window coverings. The only other items included in the 40° purchase are: 13° The following attached items are excluded from the purchase: 16 The realand personal property described above as included in the purchase is referred to as the "Property." Personal property listed 46 in this Contract is included in the purchase price, has no contributory value and 1s being lett tor Setier’s curiverience. 7 PRICE AND FINANCING 48° 2, PURCHASE PRICE: $139,000.00 payable by Buyer in U.S currancy as follows: 19° (a) $4,000.00 Deposit received (checks are subject lo clearance) 8292 , by 20° for ISLANDERS REALTY ("Escrow Agent’) “1 . Signature Name of Company 22 (b) §, Additional deposit to be made by __ or days 23 : from Effective Date. : 24° (c) max loan amt allowable Total Financiny (see Paragraph 3 below) (cxpreee ae a dollar amount or percentage) as (d) S. Other: ee 26" (0) $2,950.00 Balance, to.close (nat including Buyer's closing costs, prepaid items and proratians). All funds paid 27 at clasirig must be. paid by: locally drawn cashivi's check, official bank check, or wired funds. 28" 3, FINANCING: Chack as applicable) Q (a) Buyer will:pay cash for the Property with no financing contingency. 23° (bb) This Contract ie contingent on Buyar qualifying for and nbtainifig (1) and/or (2) below (the "Financing") by 30 (if left blank then Closing Date or within 30 days fram Etfactive Date, whichever occurs first) ("Financing Period"): an (1) Acommitmant far new O conventional O FHA Q VA financing for 5° or % of the purchase price (plus 32 any applicable PMI, MIP, VA tunging fee) at the prevuiliiy Intérastrate and.laan costs (if FHA or VA, see attached addendim) 33° O (2) Approval for Seller financing or assumplion of mortgage (s@e attached addendum). 34° Buyer will apply for Financing within days from Effective Date (5 days If left blank) and will timely provide any and all credit, 35 employment, financial and other information required by the lender, Either party may cancal this Contract if (i) Buyer, after using 36 diligence and good faith, cannot abtain the Financing within the Financing Period or cannot meet the terms of the commitment by 97. the Closing Date, or (ii) tha Financing is denind because the Property appraises below the purchase price and either Buyer elects 38 not to proceed or the parties are unable to renegolate the purchase price, Upon cancallation, Buyor will return all Seller-provided 39 title evidence, surveys and association documents and Buyer's deposit(s) will be returned after Escrow Agent receives proper 40 authorization from ail interested parties 41 CLOSING 42" 4, CLOSING DATE; OCCUPANCY: This Contract will be closed and tha deed and possession delivered on _Cc’ TLE ri ,o2 43 ("Closing Date"), unless extended by other provisions of this Curmtract. The Property will bo swept claan and Soller’ personal tems 44 removed on or before Closing Date. ifan Closing Date Insurance underwriting is suspended, Buyer may postpone ‘closing up ta 5 days 45 after tha insurance suspension is lifted. 46 § CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted by 47 electronic means. If title insurance Instiras Buyer for title defects arising between the title binder effective date and recarding of 48 Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as per Paragraph 49 49, In addition to other expenses pravided in this Contract, Seller and Buyer will pay the costs indicated below, 50 (a) Seiler Costs: Seller will pay taxes and surtexcs on the dead and recording fae far documents needed to cure title: cerlified, 51 confirmed and ratified special assessment liens and, if an improvement is substantially completed as of Effective Dale, an 52" amount equal to the last estimate of the assessment; up to % (1.5% if left blank) of the purchase price for repairs to 33° warranted Items ("Repair Limit"); and up to % (1.5% W lef blank) of the purchase price for wood-destroying arganiam 34° treatment and repairs ("Termite Repair Limit"); Other: FAR-6 Rev 10/00 ©2000 Florida As fon of REALTORS®) = AN RAHUREPENETRATIVE COMPLAINT Ligensed to DRS Letenterses MCh UJ3Mi8UG- 00105 9-057) EXHIBIT # Provided by Harold Guy 08/27 2002 PAGE | oF avccee+hce apica 7an7//7./A0 55° Buyer ( HEA and Seller ( ) acknowledge recelpt of a copy uf this page, which is Page 1 of 6 Pages. 56 (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages; recording tees on the deed and financing 57 staternenta; loan expenses; pending special assessment liens; lender's title policy; Inspections; survey; floed insurance; soe" Other: : 59 (c) Ww, Evidence and Insurance: Check (1) of (2): 60° (1) Seller will provide a Paragraph 10(a)(1) owner's title insurance commitment as title evidence. Q Seller O Buyer will ei" gelect the title agent. LU Salter © Buyer will pay for the owner's lille policy, search, examination and related chargas. 62 Each party will pay its awn closing fees. ; 63" C2 (2) Soller will provide title evidence as specified in Paragraph 10(a)(2), 1 Setler Q Buyer will pay for the owner's tile 64 policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and len 65 search fees, and Buyer will pay fees for title searches after closing (If any), title examination feas and closing fees, 66 (d) Proralions: The following items will be made current (if applicable) and prorated as of the day before Closing Date: real 67 estate taxes, interest, bonds, assessments, association fees, Insurance, rents and other current expenses and ravenues of 68 the Property. If taxes and assessments for the current year cannat be determined, the previous year's rales will be used with if) adjustment tor exempttons and Improvements. Suyur is responsible for property tax increases due to change in ownership “70 (9) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may require val Seller to provide additional cash at closing if Seller is a "foreign person" as defined by federal law. : 72° (#) Home Warranty: O Buyer Q Seller O N/A will pay for a home warranty plan Issued by aa 73". cost nat ta exceed F . A home warranty plan provides for repair or replacement of many of a home's mechanical TA systems and major built-in appliances In the avent of breakdown due te normal wear and tear during the agreement period. 75 PROPERTY.CONDITION ; 76° 6. INSPECTION PERIODS: Buyer will complete the inspections referenced in Paragraphs 7 and 8(a)(2) by P/23/o2 ,. 7 (within 1U days Tom Effective Dale if left blank) (“inspection Period"); the wood-destroying organism inspection. by 78° ee Fo _C.fa omer i prior to closing, if left blank); and the walk-thraugh 79 inspection on the day before Closing Daté or any other time agreeable to the parties 80 7, REAL PROPERTY DISCLOSURE: Seller represents that Seller does not know of any facts that materially affect the value of g1 the Property, including violations of gnvernmental laws, rules and requiations, other than those that Buyer can readily observe 82 or that are known by or have been disclosed to Buyer.- ey a3 (a) Energy Efficiency: Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System brochure. If this isa ba new home, the builder's FL-CPL card ia attached ac an addendum 85 (b) Radon Gas; Radon is a naturally occurring radioactive gas that, when it has accumulated ina building In sufficient 85 quantities, may present health risks ta persons who are exposed to it over time, Levels of radon that exceed federal and ‘87 State guidelines have been found in buildings in Florida. Additional infumation regarding radon and radon testing may be 88 oblained from your county public health unit, Buyer may, within the Inspection Period, have an appropriately licensed person ag test the Property for radon, If the radon level exceeds acceptable EPA standards, Setler may choose to reduce the radon 90 jevel to an acceptable EPA level, failing which either party may cancel this Contract. 91, (c) Flood Zone: Buyer Is advised to verify by survey, with the lender and with appropriate government agencies which laod 92 zone the Property ig in, whether flood insurance is required anc what restrictions apply to improving the Property and rebuilding 93 in the event of casualty. If the Property is in a Special Flood Hazard Area or Coastal High Hazard Area and the bulldings are built 4 below the minimurn flood elevation, Buyer may cancel this Contract by delivering wntten notice to Seller within 20 days from 95 Effective Oate, tailing which Buyor accepts the existiny elevation of the bulldings and zone designation af the Proprry % (d) Homeowners’ Association: If membership in a homeowners’ association Is mandatory, an association disclosure Cyd summary is attached and incorporated inte this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL 88 BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY, go° 0, MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same condition from Effective Date until 100 closing, except for normal wear and tear ("maintenance requirement’) and repairs required by this Contract. Seller will provide 101 access and utlliies far Buyer's inspections. Buyer will repair all damages to the Property resulting from the inspections and 102 return the Property to Its pre-inspectlun condition. If Seller is unable to complete required rapairs or treatments prior to 103 closing, Seller will glve Buyer 2 credit at closing for the cost of the repairs Seller was obligated to make, Seller will assign all 104 assignable repair and treatment contracts to Buyer at closing. ' 405 (a) Warranty, Inspections and Repair: : 106 (1} Warranty; Seller warrants that non-leased major appliances and healing, cooling, mechanical, electrical, security, 107 sprinkler, septic and plumbing systems, seawall, dock and pool equipment, if any, are and will be maintained in working 108 condition until closing; that the structures (including roofs) and pool, if any, are structurally sound and watertight, and 103 that any open permits for the Property have been closed out and final inspections will be obtained before the Closing 410° Date. Seller does nut warrant and is not required ta repair casmetic conditinns, unless the cosmetic condition resulted it from a defect in a warranted Item. Saller is not obligated to bring any item inte compliance with existing building code 112 regulations unless necessary to repair a warranted item. “Working condition” means operating in the manner in which 413 the item was designed to operate’ and “cosmetic condilivis" means aesthetic imperfections that do not affect the 1147 Buyer ( ) and Seller ( (] ¢ ) acknowledge rece i ish peReye 2 of 6 Pages FARS Rev 10/00 “22000 Florida AclGiitos OPREALTORS® All SRO PRAT RAP SOMPLAING. yy t ivemed tu DNS Paterpriaca M{Q7UIMNOO-NOULUSY-087) EXHIBIT ## youd bp-Heroth Gey orrrsrzmz™ 1D: wacnyuk q en lal] ALA IMTCMATNENST PAGE Css etl ce nese 7m 72./80 115° working condition of the item, including pitted marcite; missing or torn screens other than missing pool cage or screen 416 toom screens; fagged windows; tears, worn spots and discoloration of floor coverings/wallpapers/window treatments; at7 nail holec, ecratches, dents, scrapes, chips and caulking in bathroom cailingAvalls/flooringHile/fixtures/mirors; and 418 minor cracks in floor tiles/windows/driveways/sidewalks/pool decks/garage and patio floors. 119 (2) Professional inspection: Buyer may have warranted Items Inspected by a person who specializes In and holds an 120 oucupaliunal license (if required by law) to conduct home inspections or who holds a Florida license to repair and maintain 4121 the itams inspected ("professional inspector’), Buyer must, within § days from the end of the ingpectlon Period, daliver 122 written notice of any itams that are not in the condition warranted and a copy of the inspector's written report, If any, to 123 Seller. I! Buyer fails to dellver timely writen notice, Buyer woives Gellor's warranty and accepts the items listed in 124 subparagraph (a) in their "as 18" conditions, except that Seller must meet the maintenance requirement, . 125 (3) Repair: Seller is obligated only 1o make repairs necessary to bring warranted items into the condition warranted, up 126 to the Repair Limit. Seller may, within 5 days trom receipt of Buyer's notice of liters thal are not in the condition 427 warranted, have a second inspection made by a professional inspector and will report repair estimates to Buyer. If the 439A first and second inspection reports differ and the parties cannot resolve the differences, Buyar and Seller together will 129 choose, and equally split the. cost of, a third inspector, whose written repart will be binding on the parties. If the cost to 430 repair warranted items equals or Is Jess than the Repair Limit, Seller will have the repairs made in a workmaniike manner 434 by an sppropriately licensed person If tha cost to repair warranted jtems excesds the Repair Limit, either party may 132 cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost to 133 Seller not exceeding the Repair Limit and accepts the balance of the Praperty tn its "as is" condition, 134 (b) Wood-Destrvying Organisms: “Wood-destroying organism” mean arthrapod or plant life, including termites. powder-post 435 beetles, oldhouse borers and wood-decaying fungi, that damages ‘or Infasts seasoned wood in a structure, excluding fences. 136° Buyer may, at Buyer's expense and prior to closing, have the Propsrty inspected by a Florida-licensed past control business to 137. determine the existence af past or present wood-destruyiny urganism infestation and damage caused by infestation If the 438 inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector's written report to Seller within 5 139 days from the date of the Inspection. Salter is not obligated to treat the Proparty if all the following apply (i) there 1s no visible live 140 infestation, (ji) the Property has previously been treated, and (fii) Seller transfers a current full treatrieil warranty to Buyer at 141 clasing, Otherwise, Saller will have 5 days from receipt of the inspector's report to have reported damage estimated by a 142 licensed building ar genaral contractor and corrective treatment estimated by a licensed pest control business, Sallar will have 143 treatments and repairs made by an appropriately licensed person at Saller’s expense up to the Termite Repair Limit. tf the cost 144 to treat and repair the Proparty exceeds the Termite Repair Limit, either party may pay the excess, failing which either party may 145 cancel thls Contract, If Buyer faile to timaly daliver the inspector's writtan report, Buyer accepts the Property "as is” with regard 148 to wood-destroying organism infestation and damage, subject to the maintenance requirement, , 147 (c) Walk-through Inspection: ‘Buyer may walk through the Property solely to verify that Seller has made repairs required 343 by this Contract and has met contractual ublgations, No other lasucs may be raised as a result af the walk-through 149 — inspection. If Buyer fails to conduct this inspaction, Seller's repair and maintenance obligations will be deemed fulfilled, 150 9, RISK OF LOSS: If any portion of the Property Is damaged by fire or other casually before closing and can be restored within 151 45 days fram the Closing Cate to substantially the same condition as it was on Effective Date, Seller will, at Gclier's expense, 152 restore the Property and the Closing Date will be extended accordingly. If the restoration cannot be completed in time, Buyer 48% may accept the Property “as is" with Selier assigning the insurance proceeds for the Property to Buyer at closing, failing which 154 either party may cancel this Contract, : 155 TITLE : 456 10, TITLE: Gollor will convey marketable tille tn the’ Property by statutory warranty deed or trustee, parsonal representative or 187 guardian deed as appropriate to Seller's status. : 158 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Sellar in accordance with is currant title standards adopted by the Florida Ber, subject only to the following title exceptions, none of which prevent residential 460 use of tha Property: covenants, easements and restrictions of record; matters of plat; existing zoning and government 181° regulations: oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and 162 encumbrances that Seller will discnarge at or before closing. Sullvr will, prior to closing, deliver to Buyor Seller's choice of one of 463 the following types of title evidence. which must be generally accepted in the county where the Property is located (specify in 44 Paragraph 5{c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Dade. County. 165 (1) A title (insurance commitment issued by & Florida-licensed title insurer in the amount of ithe purchase price and 166 subject only to title exceptions set forth in this Contract, ; , 187 (2) An oxisting abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be 168 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting te to the 169 Property recorded in the public records of the county where the Property Is located and ceftified to Effective Date. 170 However if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed. 174 - insurer as a base for reissuance of coverage. Seller wil! pay for copies of all policy exceptions and an update in a format 172 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, 173 together with copies af all documents recited in the prlor policy wid in the update. If @ prior policy is not available to 174 Seller then (1) abave will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 175 (h) Titla Examination: Buyer will 176 title eyidence but no later then xamine the tile evidence and deliver written notice to Seller, within § days from receipt of ifg, of any defects that make the nue unmarketable, Seller will, have 30 days from 177" Guyor im ) and Seller, y )acknowled§d4bebigl SFr eaoh lat tic Hage Plbielis Page 3 of 6 Pages. 5) FAR-G Rev 10/00 ©2000 Florida’ fation of REALTORS®) RPI SE | : Mh baecused to DAE Enterprises #{N2IMNOU-NO01059-047) , . Ay) Froemeey rranmtraaywrerorz002 1D: wyeeryuikt t wn ane r ATI TOMAAINIIAG T PAGE iF rence _an-en zaaz 422/86 178 receipt of Buyer's notice of defects ("Curative Period”) to cure the detecis at Sellers expense, If Seller cures the defects 479 within the Curative Period, Seller will deliver written notice to Buyer and the partias will close the transaction on Closing 480 Date or within 10 days from Buyer's receipt of Seller's notice If Closing Date has passed. If Seller is unable to cure the 481 defects within the Curative Period, Seller will deliver written notice to Buyer-and Buyer will, within 10 days from receipt of 482 Seller’s notice, either cancel this Contract or accept title with existing defects and close the transaction. ~ 4183 (ce) Survey: Buyar may, prior 10 Closing Nata and at Buyer's expense, have the Property surveyed and deliver writtan notice to 484 Seller, within 5 days from recelpt of survey but no later than closing, of any encroachments on the Propeny, encraachments by the © 385 Property's improvements on other lands or deed restriction or zoning violations. Any such encroachment or violation will be treated ‘ips tt the same manner as a title defect and Buyor’s and Solfor'y obligations will ha determined In accordance with subparagraph (b) 487 above. If any part of the Property lies seaward of the coastal construction control lina, Seller will provide Buyer with an affidavit or 4BB survey as required by law delineating the line's location on the property, unless Buyer waives this requirement in writing, 189 an MISCELLANEOUS . 490 44, ERFECTIVE DATE; TIME; The "Effective Date" of this Contract is tha date on which the last of the parties initials or signs the 191 latest offer, rime is of the essence for all provisions of this Contract. All time poriods will be computed in business days (a 192 "business day" 1s avery calendar day except Saturday, Sunday and national legal holidays). If any deadiine falls on a Saturday, 193 Sunday or national fagal holiday, performance will be due tha next business day. All time periods will end at 5:00 p.m. local time 194 (meaning in the county where the Property !s located) of the appropriate day. : 495 12. NOTICES: All notices will be mada to the parties and Broker by mail, personal delivery or electronic media, Buyer's failure 196 to deliver timely written notice to Seller, when such notice Is required by this Contract, regarding any contingencies will 197 render that contingency null and vold and the Contract will be construed as if the contingency did not exist. 498 13. COMPLETE AGREEMENT: Ihis Cortract Is the entire ayreenent between Buyer ‘and Sollor. Exoopt for brokorago 499 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract, 200 Modifications of this Contract will not be binding unless. in writing, signed and delivered by the party to be bound. Signatures, 201 initials, documents referenced in this Contract, counterparts and written modiications communicated vivchurivally or on paper 202 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewrlten terms inserted in or 203 attached ta this Contract prevail aver preprinted terms. If any provision of this Contract is or becomes Invalid or unenforceable, 204 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 205 14, ASSIGNABILITY; PERSONS BOUND: Buyer may not,assign this Contract without Seller's writien consant, The terms 206 “Buyer," "Seller," and “Broker? may be singular or plural, This Contract is binding on the heirs, administratars, executors, 207 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. 208 DEFAULT AND DISPUTE RESOLUTION 209 15, DEFAULT: {a} Seller Default: If for any reason other than failure of Seller to make Soller's title marketable after diligent effon, Seller 210 fails, refuaes or neglcote to perform this Contract, Buyar may choose to receive 8 return of Buyer's deposit without waiving the right 211 to seek damages or to seek specific performance as par Paragraph 16, Seller will alsa be liable to Broker for tha full amount of the 212 brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, Including timely payment of ail 213 dapasits, Seller may chuuse to retain and collect all deposite pald and agreed to be paid as liquidated damages or to seak specific 214 performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid (to be 215 split equally among cooperating brokers) up to the full amount of the brokerage fee. 218 16. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All contraversias, claims and other matters in 217 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows: : 218 = {a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seiler will have 30 days fram the 219 data contlicting demands are made to attempt to resolve the dispute through mediation. If that falls, Escrow Agent will 220 submit the dispute, if sa required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real 221 Estate Commission. Buyer and Soller will be bound by any resulting setement or order, : ; 222 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 223 reeolve the matter thraugh mediation, failing which the parties will resolve tha dispute through neutral binding arbitration 224 in the county where the Property Is located. The arbitrator may not alter the Contract terms or award any remedy fot 225 provided for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact 228 and the contractual authority on which it is based. if the parlias agree to use discovery, it will ba in accordance with the 227 Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-ralated disputes. Any disputes with a teal 228 estate licensee named in Paragraph 19 wlll be submilted to arbitration only if the licensee's broker consents in writing to 229 become a party to the proceeding This clause will survive clozing. 230 (¢) Mediation and Arbitration; Expenses: “Mediation” Is a process in which parties attempt lo resolve a dispute by 231 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not ampowered lo impose a 232 sbtlement on the parties. Mediation will be In accordance win the tules of the Aitierican Mediation Aazociation or other 233 adiator agreed on by the parties. The parties will equally divide the mediation fee, if any. “arbitration” is a process in 234 hich tha parties resolve a disppte bya hearing before a neutral person who decides the matter and whose decision is 235 ind the parties. Arbitral be in accordance with the rules of tha American Arbitration Association or ullier ) acknowledge rece MINS TRAE, Nes, GOMPLAINT: 6 Pages. 236° Buyer ¢ ) and Seller . ra Rev. 10/00 ©2000 Florida fation of REALTORS® = All RightsReserved: + d ul - Looen-.ad to DAS Enterprises HQ MNOO-NOOINS9-057) PAGE Providgaby Held Cuy 07/15/2002 1D. wyentyuild “ 0 9a aetiel AL TIMT SA AINE TST AZREEELDbSS piso 7Z00z/Lz/80 237- arbitrator ‘agreed an by the parties, Each party to any arbitration will pay its own fees, costs and expenses, including 236 © alturnteys' fees, and will equally gplit the arbitrators’ fee and administrative fees of arblitratian. 239 ESCROW AGENT AND BROKER 240 17. ESCROW AGENT: Buyer art Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow and, 241 subject to clearance, disburse them upon proper authorization and in accordance with the terme of this Contract, including 242 disbursing brokerage fees. The parties agree that Escrow Agent will nat be liable ta any person for misdelivery of escrowed item to 243 Buyer or Seller, unless the misaelivery is due to Escrow Agent's willful breach of this Contract or gross negligenoe. If Eecrow Agent 244 interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover 245 reasonable attorneys! fees and costs to be’ paid fram the escrowed funds or equivalent and charged and awarded as court costs in 246 favor of the prevailing party. Ail claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents lo aibitale, 247 48, PROFESSIONAL ADVICE; BROKRR LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that 248 are |mportant to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 240 determining the effact of laws on the Property and transaction, status of title, foreign investor reporting requirements, atc.) and 250 for tax, property condition, environmental and other specialized advice Ruyer acknowledges thal Broker does not reside in the 251 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records 252 unless Broker indicates personal verification of the representation. Buyer agrees to rely solely on Seller, professional inspectors 253 and governmental agencies for verification of the Property condition, square footago and facts that materially affect Proporty 254 value, Buyer and Seller respectively will pay afl costs and expenses, including reasonable attomeys’ fees at all levels, incurred by 255 Broker and Broker's officers, directors, agents and ernployees In connection with or arising from Buyor's or Seller's misstatement 256 or failure to perform contractual obligations. Buyer and Seller hold narmlass and release Broker and Broker's officers, directors, 257 agents and employees from all fiability for loss or damage based on (1) Buyer's or Salfer's misstatement or fallure to perform 258 contractual obligations; (2) Brokers performance, at Buyer's and/or Seller's raquest, of ‘any task beyond the scope of services 259 requlated by Chapter 475, F.S., ae amendad, including Broker's referral, recammendation or retention of any vendor, (3) products 260 or services provided by any vendor: and (4) expenses incurred by any vendor, Buyer and Seller each assume full responsibility for, 261 gclcating and compensating their respective vendors. This paragraph will not reliave Broker of statutory obligations. For purposes 262 of this paragraph, Broker will be treated as a party to this Contract, This paragraph will survive closing. 263 19. BROKERS: The Iicensee(s) and brukerage(s) named below are collectively referred to as "Broker." Seller and Buyer 264 acknowledge that the brokerage(s) named below are the procuring cause of this transaction, Instruction to Closing Agent: Seller 265 and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate brokerage 266 agreements with the parties and cooperative agreaments between the brokers, unless Bruker has retained such fees from the 267 escrowed funds, In the absence of such brokerage agreements, closing agent will disburse brokerage fess as ‘indicated below. 260" 269 Real Estate Licensee : Real Estate Licenses 270° ishandec's realty : 271 Broker/ Brokerage fee: ($ or % of Purchase rice} Bruket / Brukeraye fee: ($ or 96 of Purchase Priao) 3% : 272" 273 ADDENDA AND ADDITIONAL TERMS 274 20. ADDENDA: The following additional terms are included in addenda and incorporated into thls Contract (check if applicable): 275" A. Condo. Assn. O G, New Mort. Rates QM. Housing Cider Persons QO 8, Sate of Buysr’s Property 276°) B, Homeowners' Assn. OH, As Is wiRight to Inspect QIN. Unimpraved/Ag. Prop. QT. Rezoning 277° OC, Seller Financing OL Self-tnspections QO O, Interest-Bearing Account 4 U. Assignment 278° D, Mort. Assumption . Insulation Disclosure Op. Sack-up Contract . Prop, jisclosure Stmt.. 279° Q) E. FHA Financing Pra-1978 Housing Stmt. (LEP Q. Broker - Pers. Int. in Prop. ote 280°) F. VA Financing 6. L. Flood Ingurance Reqd. R. Rentals a zs lung 201° 21, ADDITIONAL TERMS: sellor apree to credit to buyer $6950 toward buyer pree-pay and closing cost 282" 283° seller agree to credit_buyer $3050. for property repairs 284° . 285° 200° 287" 268” 289° 280° 291° Buyer (_ ){ ) and Seller, )( ) acknowledge atts ft ic copy oy ig BagECTHIP LA PGE 5 of 6 Pages. FAR-6 Rev. 10/00 ©2000 Floride ation of REALTORS® Licensed to ORS Fonca prises i O2UJIMNUY-ND91059-057) a 1 vt te be grr Cy BUTI IUR IDs Za\ 5 Cee Gg PAGE _W*=-—— 4@ 39Wd ALWIASUSONT ISI QZGEEELPSE = @b:Ga zaazZ/ez/BG ; Len A sfée ko creprra© BUPER $8000. HRKERAY AND ChosiNG< ‘OST ONLYN, 2” 317 This Is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. 318 . : OFFER AND ACCEPTANCE : . 319° (Check if applicable: GQ Buyar received a written real property digclosure statement from Seller before making this Offer.) 320 Buyer offers to purchase tha Property on the above terms and conditions. Unless this Contract ls signed by Seller and a copy 321 delivered to Buyer no later than - Qam.O p.m, on , , this offer will be revoked 323° Date: ovis. Le Buyer: Tax ID/SSN: LEEV% 88 ue 324" . Print name: 325" Dale: Buyer: Tax IDISSN. 326° . Print name’ 327°Phone: Address: 328° Fax: . 329" Date: K “2 @ C— Seller” Tax ID/SSN: 330° Print ha . vA 331° Date: Seller: Tax IDISSN: : 332° Print name: - 5 333° Phone. Address: 334* Fax: 3as°Q Seller counters Buyer's offer (to accept the counter offer, Buyor must sign or initial the counter offered terms and deliver a copy 336° of the accaptance (o Seller by 5:00 p.m. on __ . ). O Seller rajects Buyer's offer. The Flonda Assoclauon of Regltors ana local gop Gassoclation of Realtors make no representation as to the legal valldity or adequacy of any provision of tnls form in any epscific vanesctian This standamtiredt farm should nat po used in complex transactions of with extensive riders or additrons, This form ts avaituble for use by the ante real estate industry and ss not intended to idently the user as o Reultar. Realtor ig a registered collective membership mark thal may be seg onty by raal oslale vcansees who are mambers of the National Association of Roaltors and who subscribe to its Cog BRAIRENNS T RA TIVE COMPLAIN Tha copyright ews of tho United States (17 11S Gera) forbid the unauthorized reproduction of iar orm nyany pee inclueing facsimile or computerized forms. FAR-65 Rav. 10/00 02000 Flonda Association of REALTORS® All Rig! served ‘fi Licantod to DRS Enterprites (0 2U73MNGN-NUDTOI9-057) PAGE Vrovided by; ifarota Guy 07/15/2002 4D wyenyulht ag aod ALTA SAAINIST G@ZGEEELbDSE G@pisa zaazszz/aa mt "The clases below will be incorporated into the Contract between A J be Fee. PC iseter 2 and_ VV waa ye Lor. (eal Cyr aT, + : : FF __.-fuyer) concerning the Property described as _ (__) only if initialed by an oan K. Pre-1978 Housing Lead-Based Paint Warning Statement: “Every pure: “ty On which a residential dwelling was built prior to 1978 is notified that sucn pr lead-based paint that may place young children at risk of developing lead poisonin roduce permanent neurological damage, including learning disabilities, reduced 1 ind impaired memory. Lead poisoning also poses a Particular risk to pregnant women The seller o! interest in residential real property is required to provide the buyer with any information on lead-based paint nazards trom - x assessments or inspections in the seller's possession and notify the buyer of any known lead-based pain! nazaras 3 ie assessment or inspection for possible lead-based paint hazards is recommended Prior to purchase.” For purposes ot aagendum, lead-based paint will be referred to as “LBP” and lead-based paint hazards will be referred to as “LBPH," 3 (1) LBP/LBPH in Housing: Seller has no knowledge of LBP/LBPH in the housing and no available LBP/LBPH recorc reporls, except as indicated: (describe all known LBP/LBPH information, tist all available documents penaining - § LBP/LBPH and provide documents to Buyer before accepting Buyer's offer) : Lu) 2 in residential reat pri Naser of any rie us openy may gress G Leaog posal Melligence quet young children may p 3 Denavioral prabierns, ai cl (2) Lead-Based Paint Hazards Inspection: Buyer walves the opportunity to conduct a risk assessment or inspe. ine presence of LBP/LBPH unless this box is checked (Q Buyer may, within the Inspection Periog. conduc: assessment or inspection for the presence of LBP/LBPH in accordance with the provisions of paragraon Sia > LBP/LBPH conditions that are unsatisfactory to Buyer will be treatec! as “warranted items" for Purposes of parag‘. 8lay2) and (3) only). . . . (3) Certification of Accuracy: Buyer has received the pamphlet entitled "Protect Your Family From Lea in Your moms and all of the information specified in paragraph (1) above. Licensee has notified Seller of Seller's cbhgauons to ers. and disclose information regarding lead-based paint and lead-based paint hazards in the property as requirea oy iace law (42 U.S.C. 4852d) and is aware of his or her obligation to ensure MpliaAce with federal lead-based pan: Buyer, Seller and each licensee has reviewed the information abov f est of his or har Knowleage inal the information he or she has provided is true and accurate, 7 : a Pars Buyer : ‘Date Buyer Date Selling License Date | . “(Jt L)- {____} Q. Broker - Personal Interest in Property: Elvarchs ToAtKA nactve real estate mes has.a Aeysonal interest in the property: (specify if licensee is related lo a can, or Seller etc} OS mado, D ADMINISTRATIVE COMPLAINT. uJ st FARA. Rev 10/0C ©2000 Florida Association of Reactons® EXHAPRghifReserve : seen ns yi < cis é PAGE Of oF PURCHASER _ [Nope fic ie te | FO PROPERTY 7 - Mons AS/ AE £2 Terr THIS ADDENDUM IS MADE AND ENTERED ON THE DATES SET FORTH HEREAFTER BY AND ae Poop Te ae BET SEN od (SELLER) AND Fa sBele Zac Leto (BUYER), SELLER AND BUYER FURTHER AGREE AS THE TERMS SET FORTH HEREIN ARE INCORPORATED AS A PART OF THE CONTRACT FOR SALE AND PURCHASE” (THE “CONTRACT) TO WHICH THIS ADDENDUM 1S ATTACHED. IN THE EVENT OF ANY INCONSISTENCY OR “CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT OR ANY RIDERS OR ATTACHMENTS THERETO, THE TERMS OF THIS ADDENDUM SHALL PREYAS. AND CONTROL. ka THE PROPERTY 15 BEING OFFERED FOR SALE AND PURCHASED IN AN “AS IS, WHERE 15" CONDITION. SELLER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE CONDITION OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO MECHANICAL SYSTEMS, DRY BASEMENT, FOUNDATION, STRUCTURAL, OR COMPLIANCE WITH CODE, ZONING, OR BUILDING REQUIREMENTS AND WILL MAKE NO REPAIRS 70 THE PROPERTY AFTER ENTERING INTO THIS CONTRACT. BY REVIEWING THIS NOTICE BUYER(S} UNDERSTANDS THAT THE SELLER MAY HAVE ACQUIRED TITLE TO THIS PROPERTY THROUGH FORECLOSURE AND HAS NEVER OCCUPIED THE PROPERTY NOR CAN THE SELLER WARRANT ANY ITEMS/PROPERTY PERSONAL OR REAL. BUYER SHALL. HAVE 1 BANKING DAYS TO HAVE INSPECTIONS DONE TO THE PROPERTY. IF AT ANY TIME WITHIN THE (NSPECTION TIME PERIOD, BUYER FINDS THE PROPERTY UNSUITABLE, BUYER MUST NOTIFY SELLER AND/OR SELLERS AGENT [IN WRITING, AND THIS CONTRACT SHALL BB NULL AND YOID AND ALL DEPOSITS RETURNED TO BUYER. . SELLER SHALL CONVEY TITLE TO THE REAL PROPERTY BY SPECIAL WARRANTY DEED. MULTIPLE OFFERS MY BE RECEIVED ON THE PROPERTY ON WHICH YOU ARE CURRENTLY MAKING AN OFFER. THE SELLER 1S UNDER NO OBLIGATION TO NEGOTIATE OFFERS IN THE ORDER {N WHICH THEY ARE RECEIVED, AND IT 1S AT THE SELLER'S DISCRETION AS TO WHICH OFFER, {F ANY, THEY CHOSE TO ACCEPT OR COUNTER AT "ANY GIVEN TIME, ALL CLOSING COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE PURCHASE OR FINANCING OF THE PROPERTY SHALL BE PAID BY BUYER (EXCLUDING REAL ESTATE COMNGSSIONS, IF PAYABLE) INCLUDING BUT NOT LIMITED TO STATE DOCUMENTARY STAMPS WHICH ARE REQUIRED TO BE AFFIXED TO THE DEED, TITLE SEARCHES AND THE PREMIUMS FOR TITLE INSURANCE POLICY, IF REQUIRED BY BUYER OR BUYER'S LENDER. THE SELLER WILL ORANT A A MAXIMUM OF ONE 15 DAY EXTENTION TO THE CLOSING DATE OF THE CONTRACT. ‘JHE FEE FOR THE EXTENTION WILL BE ONE PERCENT OF THE CONTRACT PRICE, REQUESTS FOR EXTENSIONS MUST BE RECEfVED BY THE SELLERS CLOSING AGENT PRIOR TO THE EXPIRATION DATE OF THE SALES CONTRACT. CASHIERS CHECK OR MONEY ORDER MADE PAYABLE TO THE CLOSINO AGENT MUST ACCOMPANY THE EXTENTION REQUEST, ‘THE SELLER SHALL PAY TAXES DUE FOR PRIOR YEARS, THERE WILL BE NO PRORATION OF THE CURRENT YEARS TAXES SELLER WILL PROVIDE BUYER WITH THE KEY TO THE FRONT DOOR ONLY. THERE (3 NO PERSONAL PROPERTY SNCLUDED IN THIS SALE. . ON THE EVENT OF DEFAULT OF EITHER PARTY, THE RIGHTS OF THE NON-DEFAULTING PARTY (AND THE BROKER, IF ANY) SHALL SE AS PROVIDED IN THIS SUBPARAGRAPH (A) IP THE SALE OF PROPERTY !8 NOT CONSUMMATED FOR ANY REASON OTHER THAN SELLER'S DEFAULT UNDER THE CONTRACT, SELLER SHALL BE ENTITLED TO RETAIN THE DEPOSIT AS SELLER'S LIQUIDATED DAMAGES. THE PARTIES AOREE THAT IT WOULD BE (MPRACTICAL AND EXTREMELY DIFFICULT TO ASCERTAIN THE ACTUAL DAMAQES SUFFERED BY SELLER AS A RESULT OF BUYER'S FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT AND THAT UNDER THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS CONTRACT THE LIQUIDATED DAMAGES PROVIDED FOR REPRESENT A REASONABLE ESTIMATE OF THE DAMAGES WHICH SELLER WILL INCUR AS & RESULT OF SUCH FAILURE TO CONSUMMATE THE CLOSING. THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAQES TO SELLER. THE SALES CONTRACT IS NOT CONTINGENT UPON THE PURCHASERS ABILITY TO OBTAIN FINANCING FOR THE PROPERTY (8) IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED FOR ANY REASON OTHER THAN BUYER'S DEFAULT UNDER THE CONTRACT, THEN AT BUYER'S ELECTION, THE DEPOSIT SHALL IMMEDIATELY BE RETURNED TO THE BUYER UPON DEMAND. THE BUYER MAY SUE FOR SPECIFIC PERFORMANCE, IN THE EVENT THE BUYER DOES NOT ELECT WITHIN 10 DAYS OF THE SCHEDULED CLOSING DATE AS SET FORTH AS SET FORTH (N THE CONTRACT, THEN THE BUYER'S SOLE REMEOY SHALL BE LIMITED TO A RETURN OF DEPOSIT, NO BROKER'S COMMISSION SHALL BE DUE UNLESS THE SALE |S CONSUMMATED AS EVIDENCED BY THE OCCURRENCE OF A CLOSING, ANY CONTROVERSY OR CLAIM BETWEEN BUYER AND SELLER ARISING OUT OF OR RELATING TO THIS CONTRACT, MAY AT THE ELECTION OF BOTH PARTIES, BE SETTLED BY MEDIATION OR ARBITRATION, ALL PROCEEDINOS, INCLUDING ANY LITIGATION ARISINO IN CONNECTION WITH THIS CONTRACT SHALL BE BROUOHT IN MIAMI-DADE COUNTY, FLORIDA AND SHALL BE CONDUCTED PURSUANT TO FLORIDA STATUTES. BUYER MAY NOT ASSIGN THIS CONTRACT. THE SELLER HEREBY DISCLOSES THAT ITS PRINCIPAL IS A LICENSED REAL ESTATE BROKER. CLOSING SHALL BE HELD AND THE TITLE INSURANCE ISSUED BY THE ATTORNEY OR ANY OTHER CLOSING AGENT AS DESIGNATED BY SELLER. TITLE INSURANCE COST SHALL BE NO MORE THAN PROMULGATED RATE PURCHASER SHALL BE RESPONSIBLE FOR ALL LENDER OR OTHER REQUIRED REPAIRS. BUYER DATE DATE © $- 02-2 2ppyinigTRATIVE COMPLAINT. % DATE EXHIBIT $A ESS Mae TEP . p.7 77 ~~ arbitrator agreed on by the parties. Each party to any arbitration yall pay its own fees, costa and expenses, induding 220 alluncye’ fees, and will equally eplit the arbitratere! foes and administradva tes mf arouiraton, . . 239 ’ ESCROW AGENT AND BROKER : 240 17, ESCROW AGENT: Buywe wid Seller authorize Eocrow Agent ta recalve, deposit and hold funds and athre irene in eecrow and, 261 subject to clearance, dicburea them upon proper. authorization tet in uccontance with ihe term of this Contract, focluding 242 disbursing brokerage [rea The gartles agree that Escrow Agant will nat be fable to any person for misceilvary of escrowed items to 243 Buyer or Seller, unless the misaelivery ia due to Excrow Agent's willful breach of this Contract or groea Negligcnoa, If Excrow Agant 244 intarpleads the subject mattar of the csorow, Eacraw Agent will pay the fling fees ang cesta irom me Meposit and will recover 245 reasonable atlornays' fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as caurt costs in 248 favor of the prevailing party All aims againg( Escrow Agent will ne armitrated, 60 lang #3 Escrow Agent conserits lu aibiliwte, 347 48, PROFESSIONAL AQVICE; BROKER LIAGILITY: Broker advises Buyer and Seller to verify all facts and Tepreserkations that 248 are important to them and to consult an appropriate professional far lagal advice (for example, interpreting contracts, 240 determining the effect of laws uit tie Propery and lensaction, stalus of tine, foreign investor raporting fequirements, etc.) and 240 for tex, property cunditian, envirenmental and other specializad advicn Ruyer acknowedges that Broker does not reside In the 253 and govemmental agencies for verification of the Property canditian, square footage and facta that matarially affect Property 254 value, Buyer and Sellar sespectivety will pay all costs and expenses, including reasonable attorneys’ fees at all levels, Inciwrad py 257 agents and employeas from all liability for lass or damage based on (1) Buyers of Seller's misstalement or failure ta perform 160 centractual obligations; (2) Broker's perfurmance, at Buyer's andor Soiler’s request, of any task beyond the scope of semcas 259 regutstes by Chapter $75, F.S,, as amended, including Brokers referral, recommendation or retention of any vendor, (2) products 260 or servicas provided by any vender, and (4) expenses incurrad by any vendor, Guyer and Soller each assume full responsiblity for 961 estaetng and campansating tht mespective vendors This Paragraph wil net pellave Broker of stalutary obligations, For Purposes 282 of thus paragraph, Broker will be traated as a party to this Contract, This paragraph will survive closing. 78219, BROMERA: The Woensec(s) and brukerege(s) named below wre collectivaly rofarrod to ac “Broker” Satter and Buyer 284 acknowledge thal the brokeraga(s) namad below are tne procuring cause of this transaction, Instruction to Claning Agant: Soller 265 and Buyer direct closing agent to: disburse at closing the ful amaunt of tha brokerage fees as specified im separala brokerage 205 agreements win) Ine panies and cocperative agreaments between tne brokers, imlesy Bruker las rtained auch fees fram the 267 escrowed funds, In (ha absence of such brokerage agreements, closing agant will disburse brokerage fees as indicated below, aoe . — 289 Real Estate Licensee Real Estate Licensee 270° ‘ istunder's realty.” 27 Broker / Brokerage fea (£ or % Af Purcnase bree) Bruker / Drokenaye tog; (3 or % of Murchoga Priag) 2% 2 : __ e773 ADDENUA AND ADCITIONAL TERMS 374 20. ADDENDA: The following additonal terms are included in addenda and Incorporated into (his Contract (check If applicatte): 775" OA Condo. Assn. OG. Now Mort, Rates (2M Housing Cider Parsons Q 8, Sate of Buyars Propeny 278°C B. Homeowners’ Assn, OM, Aa ls wRight lo Inspect ON. UnimerovediAg. Prop OT. Rezoning 277 2 C. Geller Financing D1. Saitinspactions GO. Interast-Bearina Account ==. U. Assignment 278°] 0. Mor. Assumption J Insulation Disclorure OP. Back-up Contract OY Prep, Disclosure Stmt,, 27a" OE, FHA Financing ee Pre-1978 Housing Strat. (LBP) 2. Broker + Pers int. in Prop, Other 280°Q F. VA Financing 4 L Flood Ingurance Raga. R. Rentals a as 201° 21, ADDITIONAL TEAMS: selfar apree to credit to buyer $6980 taward buyer pree-puy and closing cost 202" eee Om 263" gellor agree tu credit buyer S3US0, lor property repay 284° zy 200° 287° 258° zag a0? ( ) acknowledge receipt of a copy ot this page, which ts Page 5 of 6 Pages. ation of REALTORS® All Rights Rusarved ADMINISTRATIVE COMPLAINT exHiair #_] pace 4 uF Aug 27 02 05:44p , p.B8 U7 This Is intended tw be a legally binding contract. If not fully understood, weak the Advice of an attomey prior to signing. aa UFFER AND ACCEPTANCE 3G" (Check if applicable: Buyar received a written real Property disclosure statement from Seller befare making this Offer.) 320 Buyer offers ta Durchase tha Property ot the above terms and conditions. Unlese this Contract is signed by Selior and a copy 927 delivered to Buyer no tater than Oam.9 p.m on . . his offer will be ravaked 322 and Buyer's deposit refunded subject to clearance of fun y) a fy 323° Date: OF 15. L607. Buyers ie A ie, Qt Tax iDissn: L474 S- 88 42 sae Prin name: : 325" Data; Buyer: Tax IOISSN; aac’ Fant noma: “327*Phone: Address; 328° Fax: : : 220"Date, & “a ? ao 5a! Tox ID/SSN: 330" Pa 953° Date: Seller; Tax ID/SSN: 332" Print name: —_—_.. 999° Phone, Address: — OO 234¢ Fax: ee (lo Bocepl the counler affo) Giner nan EET — — 38° Sefer counters Buyers offer (to Soccpl the counter affor, Buyor muat sign of initial the Counter affered tarms and deliver 2 copy 416° of the acceptance to Setter by 5:00 p.m. on . . © Seller rejects Buyer's offer, re a pt of a copy of this page, 338° Buyer dik U { ) acknowledge rece Aug 27 G2 05: 44p ; mn Clawses below will be ORuP pated into the Contract between “a I Brn p a , Du — 2 er tie £ (Seller & ~ ¥ — auyer) concerning tha Property described as A re Only if initialed Dy all parize- ary “based paint hazards trom +s, "2 adgendum lead-based paint will d@ referred to aa “LEM and jvad-pased Paint hazards will be referred to as “LBPH * 3 (1) LBF/LBPH in Housing: Seller hag nO knowledge of LBP/LBPH in the housing and no available LSP/LBPH recoras or va reports, except as Indicated: (describe all known LBP/LBPH information, list all avuilabla documents Dartaning ic "g LAP/LBPH and Provide documents to Buyer betore 8ccepling Buyer's offer) Me . OO To : : TT 16 . w (2) Lead-Baseg Paint Hazards Inspection: Buyer waives the OPportunity to conduct a risk aSSESSMENI OF Inspection lor 20 {he arasence of LEM/LEPH untess this box ig checked Buyer may, within the Inspection Periog, conduct a nish a assessment or inspection for the presence of LBP/LBPH in accordance with the Provisions of paragraph Bla ors é¢ LBP/LBPH conditions (hat are unsatisfactory to Buyer will by eated as "warranted trams" lor purposes ol Paragragns "% 8(ay(2) anc (3) only} w (3) Canification of Accuracy: Buyer hag received the Pampniet entitled “Protec Your Family From Leaw mt Your Home’ 2s 3NQ all of the information Epocified in paragraph (1) above. Licensee has notified Seller of Seller's obligations to DIOV we of i it egarding lead-based Paint and lead-based paint hazards in the Property as required by feciera, a nd is aware of his or her abligation to eneure Pliance with taderal lead-basea Pant iaw 78 censea has reviewed the information abay q BES! Of his or ner krowledoe 79 or she has provided is trua and accurate. s “UC OL “or - oP 3 Date : : 0° Date der . “2 Selling License Date Lj. (J Q, Broker - Personal Interest in Property: (vaca, TEAM. nas va ach g S "mache real 8state license has.a Bysonal yy in tha property: (specily if licensee is relaleo lo a pany, 3s acing as Buyer a Selter, ele.) OME 14) Cy DA ~ ADMINISTRATIVE COMPLAINT 1 ExHipit #_t 4) AGE wales Uy musa ee artauninteiemetieeren et FARA BG Rev, 10/00 O2000 Fintirta Meemetattan nt Me, none Nee &f Me Uaittp COMTRELIENSIVE ADDENDUM nous [Collerick Dolonn) PROPERTY ADDRESS, 1S/ g2 Tece THIS AULENLUM 1S MADE ON THE DATES SET FORTH HEREAFTER , E BY AND ede ro feaprcte faee 4 = (SELLER) AND este (BUYER), SELLER AND BUYER FURTHER AGREE AS THE TERMS SPT FORTH HEREIN ARR INCORPORATED AS A PART OF THD CONTRACT FOR S. Cr Sev OCH TS ADDER WATTAGE, EVENT or AT NCORSgTNEY Ok CT OA TERMS OF THIS ADDENDUM SHALL PREYAL, AND CONTRO. ANY RIDERS OR ATTAC! S THERETO, THE THE PROPERTY tS BEING OFFERED FOR SALE AND PURCHASED IN “ WHERE 15 MAKES NO REPRESENTATIONS, WARRANTIBS OR QUARANTEES Concunnie THE CONSIGN OF HE PRUPERTY, INCLUDINO BUT NOT LIMITED TO MECHANICAL SYSTEMS, DRY BASEMENT, FOUNDATION, STRUCTURAL, OR COMPLIANCE WITH CODE, ZONING, OR BUILDING REQUIREMENTS AND WILL MAKE NO REPAIRS TO THE PROPERTY AFTER ENTERING INTO THIS CONTRACT, BY REVIEWING THIS NOTICE BUYER(S) UNDERSTANDS THAT THE SELLER MAY HAVE ACQUIRKU TITLE TO THIS PROPERTY THROUGH FORECLOSURE ayn has NEVER OCCUPIED THE PROPERTY NOR CAN THE SELLER WARRANT ANY ITEMS/PROPERTY PERSONAL BUYER SHALL HAVE 3 BANKINO DAYS TO HAVE INSPECTIONS DONS TO THE PROFERTY. IF AT ANY TIME WITHIN THE (INSPECTION TIME PERIOD, BUYER FINDS THE PROPERTY UNSUITABLE, BUYER MUST NOTIFY SELLER AWIVOR SFLL ERS AGENT IN WRITING, AND THIS CONTRACT SHALL D0 HULL AMID VOID AND ALL BD! bd RETURNEO TO BUYER enous SELLER SHALL CONVEY TITLE TO THE REAL PROPERTY BY SPECIAL WARRANTY DEED MULTULE OFFERS MY DE RECEIVED ON THE PROPERTY ON WHICH YOU ARE CURRENTLY MAXING AN OFFER, THE SELLER IS UNDER NO OBLIGATION TO NEGOTIATE OFFERS IN THE ORDGR IN WHICH THEY ARE RECEIVED, AND IT 13 AT THE SELLER'S DISCRETION AS TO WHICH OFFBR, If ANY, THEY GHOSE TO ACCEPT OR COUNTER, ANY GIVEN TIME, i “r ALL CLOSING COSTS AND EXPENSES INCURRED IN CONNGCTION WITH THE PURCILAIN OR FINANCING OF THC PROPERTY SHALL BE PAID BY BUYER (EXCLUDING REAL ESTATE COMMISSIONS, IF PAYABLE) INCLUDING BUT NOT LIMITED TO STATE DOCUMENTARY STAMPS WHICH ARE REQUIRED TO BE AFFIXED TO THE DEEO, TITLE. SEARCHES ANT) THE PREMIUMS FOR TTF INSURANCA POLICY, IF REQUIRED AY BUYER OR MIYRR'S LENDER. THE SELLER WILL. ORANT A A MAXIMUM OF ONE 1S DAY EXTENTION TO THE CLOSING DATE OF THE CONTRACT, THE FEE FOR THE EXTENTION WILL DE ONE PERCENT OF THE CONTRACT PRICE, ILEQUESTS FOR EXTENSIONS MUST BE RECBIVED BY THE SELLERS CLOSING ADENT FRIOR TO THE EXPIRATION DATE OF THE SALES CONTRACT, CASHIERS CHECK OR MONEY ORDER MADE PAYABLE TO THE CLOSING AGENT MUST ACCOMPANY THE EXTENTION REQUEST, THE SCLC SItALL PAY TAXES DUE FOR PRJOA YEARS. THERE WILL BE NO PRORATION OF THE CUILRENT YEARS: TAXES, SELLER WILL PROVIDE BUYER WITH THE KEY TO THE FRONT DOOR ONLY, THERE !5 NO PERSONAL PROPERTY INCLUDED IN THIS SALE. . WN THE EVENT OF DEFAULT OP EITHER PARTY, THE RIONTS OF THE NON-DEFAULTING PARTY (AND THE BROKER, IF ANY) SHAIL BE AS PROVIDED ON THIS SUSPARAQRAPH (A) If THE SALE OF PROPERTY 15 NOT CONSUMMATED TOR ANY_REASDN OTHER THAN SELLER'S DEFAULT UNDER THE CONTRACT, SELLER SHALL BE ENTITLED TO RETAIN THE DEPOSIT AS SELLER'S LIQUIDATED DAMAGHS, THE PATTIES AGREG THAT IT WOULD BB IMPRACTICAL AND EXTREMELY DIFFICULT TO ASCERTAIN THE ACTUAL DAMAQES SUFFERED BY SELLER AS A RESULT OF BUYER'S FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT AND THAT UNDEH THE CIRCUMSTANCES EXISTING AS OP THE DATE OF THOS CONTRACT THE LIQUIDATED DAMAGES PROVIDED FOR REPRESENT A REASONABLE BATIMATE OF THE DAMAQES WHICH SELLER WILL NCUA AS A RESULT OF SUCH FAILURE TO CONSUMMATE THE CLOSINO. THE PARTIES ACKNOWLEDGE THAT THE PATENT OF SUC) I LIQUIDATED DAMAGES 1S NOT INTENDRAD AS A FORFSITURE OR PENALTY, WUT IS (INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER. THE SALES CONTRACT 13 NOT CONTINGENT UPON THE PURCHASERS ABILITY TD OBTAIN FINANCINO FOR THE PROPERTY (8) IF THE SALB OF THE PROPERTY |S NOT CONSUMMATED FOR ANY REASON OTHER THAN BUYER'S DEFAULT UNDER THE CONTRACT, THEN AT DUYER'S ELECTION, THE DEPOSIT SHALL IMMEDIATELY BE RETURNED TO THE BUYER UPON DEMAND. THE BUYER MAY SUB FOR SPECIFIC PERFORMANCE, IN THE EVENT THE BUYER DOES NOT ELECT WITHIN 10 DAYS OF THE SCHEDULED CLOSING DATE AS SET FORTH AS SET FORTH IN THR CONTRACT, THEN THE BUYER'S SOLE REMEDY SHALL BE UMITEO TO A RETURN OF DEPOSIT. NO BROKER'S COMMISSION SHALL BE DUE UNLESS THE SALE 18 CONSUMMATED AS EVIDENCED BY THE OCCURRENCE OF A CLOSING, ANY CONTROVERSY OR CLAIM BETWEEN UYER AND SELLER ARISING OUT OF OR RELATING TO THIS CONTRACT, MAY AT THE ELECTION OF BOTH PAK I1kS, UE SETTLED DY MEDIATION OR ARMITRATION, ALL PROCTEDINOS, INCLUDING ANY LITIQATION ARISING IN CONNECTION WITH THIS CONTRACT SHALL BE BROUGHT WW MIAMI-DADE COUNTY, FLORIDA AND SHALL GE CONDUCTED PURSUANT TO FLORIDA STATUTES, BUYER MAY NOT ASSIGN THIS CONTRACT, THE SELLER HEREBY DISCLOSES THAT 113 PRINCIPAL LS A LICENSED REAL EXTATE BROKER CLOSING SHALL BE HELD AND THE TITLE INSURANCE ISSUED BY THE ATTORNEY OR ANY OTHER CLOSINO AGENT 4$ DESIGNATED BY SELLER, TITLE INSURANCE COST SHALL BE NO MORE THAN PROMULQATED KATE. PURC! ER 5! FOR ALL LENDER OR OTHER REQUIRED REPAIRS, & int ‘Sf 2YYE-O2 SUYFR DATE “on ADMINISTRATIVE COMPLAINT Meg EXH'OIT ¥ PAGE TR oF, ert ADMINISTRA EXEYS'T 4 PAU DUD i o a 2 = 4 _~. s 3 _ H _ 7 —e ass a ss eR are fi one ee = Es ve en eee eel Ts —— Bs. 2 4 v a = _ _ & = EI Fs ts Ss hd 3 — _ _o & - gs a - 8 = _— = w [3] 7 I 7 a : 3 > ci. ¢ - ! = o i ' u 3 i 3 [4 f i - wa ard i : ; a 4 —--~ i~ 3 2 _ a rs ov | = = ; = = a 5 =z. had = a Y—= = ————— —- rt... 2 Conc Las 10 ‘ 1 a da ndo! { [ 4 requir it eld it if Ametida ) 7 39) 300 a Invgsiorsio | uly Dry a Roderick DeLeon sot 7445 MV 44th St Api. . Lauderhill, FL 33319-3976 an . Ad f Se a) SD 9458 Sears Naional Bank Tempe, AZ 85282 efye mEPPLOGHAWIS Ee 257RBAT THA bB454) 36 soogouL,ooooo. = ES << —+ oa Ss oO oO Lu ue Ke xt, a: Fil el we &= oo 22 cane et ui g q g a 2 i z R OF PAGE

Docket for Case No: 06-001442PL