i: a ADPL STATE OF FLORIDA Sry, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUBATEON FLORIDA REAL ESTATE COMMISSION “AY eh FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case NO. 2008015307 2008017340 WILLIAM LANCE SUTTER AND RUTH ANN HERSH, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against William Lance Sutter and Ruth Ann Hersh(“Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent William Lance Sutter is and was at all times material hereto a licensed Florida real estate broker, issued H:\ac\SUTTERac.doc FDBPR v. William Lance Sutter Case No. 2008015307 Administrative Complaint license number 652655 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker associate with Success Realty Group, Inc., 13113 Spring Hill Drive, Spring Hill, Florida 34609. 3. Respondent Ruth Ann Hersh is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 700852 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active sales associate with Success Realty Group, Inc., 13113 Spring Hill Drive, Spring Hill, Florida 34609. 4. On or about January 12, 2006 Respondent, Ruth Ann Hersh and Respondent William Lance Sutter, the qualifying broker for Success Realty Group Inc., entered into a listing agreement with Susan E. Carasea (Seller) for a property known as 3448 Eagle Nest Drive, Hernando Beach, FL 34607 (Subject Property) for $799,000. A copy of the agreement is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. On or about November 9, 2006 Respondents presented an offer to purchase from G & H Investment Properties (Buyer) to Seller, for the Subject Property. A copy of the offer is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. H:\ac\SUTTERac.doc 2 FDBPR v. William Lance Sutter Case No. 2008015307 Administrative Complaint 6. Respondents represented in the sale and purchase contract that Sun Mark Title held in escrow a deposit from Buyer, in the amount of $2,000, for the purchase of the Subject Property. 7. Respondent knew or should have known that in reliance on Respondents’ representation, the Seller accepted the Buyer’s offer to purchase the Subject Property. 8. Respondents misrepresented to Seller that Buyer for the Subject Property had placed an escrow deposit with Sun Mark Title for the purchase of the Subject Property. COUNT ONE © Based upon the foregoing, Respondent William Lance Sutter 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 TWO Based upon the foregoing, Respondent Ruth Ann Hersh 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. H:\ac\SUTTERac.doc 3 FDBPR v. William Lance Sutter Case No. 2008015307 Administrative Complaint WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $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 permittee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; H.\ac\SUTTERac.doc 4 FDBPR v. William Lance Sutter Case No. 2008015307 Administrative Complaint imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permittee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J32-24.001. Signed this day of , 2009. eigh Blakeman Serfior Attorney Florida Bar No. 506877 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 /k PCP: RD/NH 2/09 H:\ac\SUTTERac.doc 5 FDBPR v. William Lance Sutter Case No. 2008015307 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 allowed by law, 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 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. H:\ac\SUTTERac.doc 6 lis Exclusive Right of Sale Listing Agreement ("Agreement") is between SUSAN E. CARASEA ET AL (‘Seller’) and 3 A i yy (‘Broker’). EXIT SUCCESS REALTY ane A ollectively “Property") described below, at the price and terms described below, inning the A : January, _2006_, and terminating at 11:59 p.m. the __. y of t ___, _2006__ fermination Date"). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this jreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge that is Agreement does not guarantee a sale. This Property will be offered to any person without regard to race, color, religion, sex, indicap, familial status, national origin or any other factor protected by federal, state or local law. Seller Certifies and represents that Yshe/it is legally entitied to convey the Property and all improvements. DESCRIPTION OF PROPERTY: {a) Real Property Street Address: 3448 EAGLE NEST DRIVE, HERNANDO BEACH, FL 34607 Legal Description: GULF COAST RETREATS UNIT 1 BLK 16 LOT 4 ORB 317 PG 3685 _ _ 1 See Attachment (b) Personal Property, including appliances: « EF €TSVE / OYEY , DISA Artie ; HATTHIR & ORYFR , YNIO TREAT Cie FANS «See Attachment {c) Occupancy: Property Gi is }€is not currently occupied by a tenant. if occupied, the lease term expires PRICE AND TERMS: The property is offered for sale on the following terms, or on other terms acceptable to Seller: (a) Price: 799,000.00 — {b) Financing Terms: 3€ Cash Mf Conventional G VA U1 FHA G Other : Q Seller Financing: Seller will hold a purchase money mortgage in the amount of $ with the following terms: & Assumption of Existing Mortgage: Buyer may assume existing mortgage for §. plus an assumption fee of $. . The mortgage is for a term of years beginning in . at an interest rate of % Q fixed © variable (describe) Lender approval of assumption O is required Q is not required Q unknown. Notice to Seller: You may remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your liability. Seiler will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing. : (c) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed _0__% of the purchase price: and any other expenses Seller agrees to pay in connection with a transaction. BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell the Property until a sales ntract is pending on the Property. Seller authorizes Broker to: fa) Advertise the Property as Broker deems advisable in newspapers, publications, computer networks, including the Internet and other media; place appropriate transaction signs on the Property, inciuding “For Sale" signs and “Sold” signs (once Seller signs a sales contract); and use Seller's name in connection with marketing or advertising the Property; (b) Obtain information relating to the present mortgage(s) on the Property. (c) Place the property in a muttiple listing service(s) (MLS). Seller authorizes Broker to report to the MLS/Association of Realtors® this listing information and price, terms and financing information on any resulting sale. Seller authorizes Broker, the MLS and/or ssociation of Realtors® to use, license or sell the active listing and sold data. 'd) Provide objective comparative market analysis information to potential buyers; and ‘e) (Check if applicable) B Use a lock box system to show and access the Property. A lock box does not ensure the Property’s security; Seller is advised to secure or remove valuables. Seller agrees that the lock box is for Seller’s benefit and releases Broker, dersons working through Broker and Broker’s local Realtor Board /Association from alt liability and responsibility in connection with any loss that occurs,4! Withhold verbal offers. 3{ Withhold all offers once Seller accepts a sales contract for the. Property. ‘f) Act as a transaction broker. : SELLER OBLIGATIONS: in consideration of Broker’s obligations, Seller agrees to: . : a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all nquiries regarding the Property’s transfer, whether by purchase or any other means of transfer. b) Provide Broker with keys to the Property and make the Property ayaliasie dar Brakento ehawesiuringrpasonable times. Donn tat 3 . Ex 3-10tb Rev. 10/03 © 2003 Florida Association of Reattors* All Rights Reserved (c) Inform Broker prior to leasing, mort, _1g or otherwise encumbering the Property (d) To indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including attorney's fees, and from liability to any person, that Broker incurs because of (1) Seller's negligence, representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker. This clause will survive Broker’s performance and the transfer of title. {e) To perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445). (f) Make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer. Seller represents there are no material facts (building code violations, pending code citations, unobservable defects, etc.) other than the following: Seller will immediately inform Broker of any material facts that arise after signing this Agreement. (g) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting requirements and other specialized advice. . . COMPENSATION: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing and able to archase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to Seller. eller will pay Broker as follows (plus applicable sates tax): - SELL fa)____5 _% of the total purchase price OR $ Fh SUTTER | a tater than the date of closing specified in the sales contract. However, closing is not a prerequisite for Brokér's fee being earned. fb) NAB or %) Of the consideration paid for an option, at the time an option is created. If the option is exercised, Seller will pay Broker the paragraph 6{a) fee, less the amount Broker received under this subparagraph. ()____ NA or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or agreement to lease, whichever is soonest. This fee is not due if the Property is or becomes the subject of a contract granting an exclusive right to lease the Property. (d) Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by Broker, Seller or any other person. (2) If Selier refuses or fails to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within 180 __ days after Termination Date (“Protection Period”), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom Seller, Broker Or any reai estate licensee communicated regarding the Property prior to Termination Date. However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker. (e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive so % of all deposits that Seller retains as liquidated damages for a buyer's defauit in a transaction, not to exceed the paragraph 6(9) fee. COOPERATION AND COMPENSATION WITH OTHER BROKERS: Broker's office policy is to cooperate with all other brokers ‘cept when not in Seller's best interest: Ja and to offer compensation in the amount of 2.5, % of the purchase price or —____________. to Buyer's agents, who represent the interest of the buyers, and not the interest of Seller in a transaction; G and to fer compensation in the amount of 2.22 % of the purchase price or $ to a broker whe has no brokerage lationship with the Buyer or Seller; 2 and to offer compensation in the amount of 2.5 % of the purchase price or ——_______ to Transaction brokers for the Buyer; Q None of the above (f this is checked, the Property cannot be placed in the MLS) BROKERAGE RELATIONSHIP: ‘ : iMPORTANT NOTICE -ORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS = REAL ESTATE. authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information U want to be held in confidence until you make a decision On representation. TRANSACTION BROKER NOTICE ORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO JYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION. a transaction broker, EXIT SUCCESS REALTY and its associates, provides to you a limited form of dresentation that includes the following duties: 1. Dealing honestly and fairly; 2. Accounting for alf funds: Tativation of any party for selling or buying property, that a seller or buyer will ANG IR Taps omer than those offered, or of any ‘ be COMPLAINT, : S4Mth Rav 10/02 G20 Fiewida Assneiation of Reatteac® All Plinkte Recenuad PAGE L Limited representation means that ‘yer or seller is not responsible for the acts he licensee. Additionally, parties are giving up their rights to the undividec.oyalty of the licensee. This aspect of limitec--zpresentation allows a licensee to facilitate a real estate transaction by assisting both the buyer and 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. f12-06 som AIC o/ Date Sig re Signature 9. CONDITIONAL TERMINATION: At Seller's request, Broker may agree to conditionally terminate this Agreement. If Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct expenses incurred in marketing the Property and pay a cancellation fee of $. 0.00 plus applicable sales tax. Broker may void the conditional termination and Seller will pay the fee stated in paragraph 6(a) less the cancellation fee if Seller transfers or ; contracts to transfer the Property or any interest in the Property during the time period from the date of conditional termination to Termination Date and Protection Period, if applicable. ; 10. DISPUTE RESOLUTION: This Agreement will be construed under Florida law. All controversies, claims and other matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation under the rules of the American Arbitration Association or other mediator agreed upon by the parties. ff litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable attorney's fees and costs, unless the parties agree that ” disputes wil! be settled by arbitration as follows: Arbitration: By initialing in the space provided, Seller ( )( ), Listing Associate (___) and Listing Broker ( ) agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration or litigation (including appeats and interpleaders) will pay its own fees, costs and expenses, including attorney's fees, and will equally split the arbitrators’ fees and administrative fees of arbitration. 11. MISCELLANEOUS: This Agreement is binding on Broker’s and Seller's heirs, personal representatives, administrators, successors and assigns. Broker may assign this Agreement to another listing office. Signatures, initials and modifications communicated by facsimile will be considered as originals. The term “buyer” as used in this Agreement includes buyers, tenants, exchangors, optionees and other categories of potential or actual transferees. 12. ADDITIONAL TERMS: : SELLER MAY CANCEL CONTRACT AT ANY TIME WITH NO PENALTY. SALES COMMISSTOW Ts 5% IF PROPERTY IS SOLD BY ANOTHER AGENT IN THE MLS SYSTEM; OR 3% IF SOLD BY LANCE SUTTER. pate:_!/ [#/ D6 stor Nin (O10 TxIDNo Telephone #’s: Hbme Cell "Fax: Address: _ E-mail: Date: Seller: Tax ID No: _- - Telephone #'s: Home. : Work Cell Fax: Address: E-mail: Date: Authorized Listing Associate or Broker: Wm. Lance Sutter Brokerage Firm Name: EXIT SUCCESS REALTY Telephone: 352-585-7113 Address: 3436 Shoal Line Blvd. Hernando Beach, 34607 Copy retumed to Seller on the day of _ The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any reyy f ERS-10tb Rev. 10/03 ©2003 Florida Association of Reators* All Rights negefed 2 iT te SEsES20UB Litas AM Fh: Fas tad-554-8923 EXIT SUCCESS REALTY Tr L $13 689-2279 PASE: OG: OF 308 FROM :RUTH HERSH-EXIT GUCCESS SER TY FRX NO, 55595977123 Mov. SS 22M O7:42arPm PZ > PARTIES: ; 3S hereiay agp Gut Seler chal cat orid toring deena Rect Propaty ans > pureuert ty the teen and condiiens of Purchens and ary tnd addenda (Contract: L CSschIrTno: e p 7 we . r a Ld 10. tf Iw Other Rees rokided ane Ww 1e Kanne of Personal Property tone igamacl born, Harys anckeciact are; 16° ou? Race PURGHASE PROGE (US. caarartiye oe cce cen teen rt ee te teercsenentcaseees seer ece et ees— CimmefQB ODOT 1 fa topo ety ecw Agr be aca chs mnt ear t_____2aeee 1 p SER AEE TIE eam, iw {i Ackadara eco Sopot fo bo wade Ease Agent win ___ dive air ene FOR AGCEPTANCE OF AND COUNTEROMTERS; GBT t86. otter hot euacatad ty and delesed:to wd putes OR ‘OF EXECUTION coxenaicdod in waite beivaeen the partion on or betas R —_— te Gopnsit) wil, at Boyes’ cguion, bs nctuened ord this offer witktawn, URLESSOTH- GRAIG GTATED, THE SOCEPTINGE OF ANY COUNTEROFPERS SHALL GE 2 DAS FROM THE DATE THE Cour 7 diate ot Contract (Etiectve Deis") «ii be Swe date when the lent ovme of the Buyer end Seller has signed or tiated thin otter ov the ee each date (att athervio oot hath fx tis Correct. tren tre the "Eficotive Date” chal be the dade delemnined above for sce Fe ote “t Seis FNS 2 car tenmecion ait nn condigencias for francing: . Cece Dee ae memnanrtsen Buy cbtaring epcanel of Bioen (Loan Appenes} wits ayo ft blank, thon GO one} after Granting contecency. It Buger bas used doe cigence and han act obtained Lom Appeor belore carcatstion as peciidad abors, Boyer shell be reladit the deposits). Unies this financing ceneinganay tes boan waleed, thin Donvect shal arti aubiect to the walistiction, Ey Gomis. of en onetions of Feat eae re PRET, arene oaetrg msrgige 608 ae for memak: oF 8 ext K ened riders, extends; oF spoctes clhwoes ‘chaupes for tersrat.. free Stadevde. : ysl days @ blank, then & ceyt hotor Closing 9 Gils ixieance commitment with tegile copies of etrumares situched thands (Tite Commiment’) and, ater Closing. Srownen’s pilicy Of ie Waretoe fee Senders 4 for tarts} shat Le Corer et Gers coe mn DUH of Bees serra ofa pte wrtandedoo ran on ech ef oe SF Inded Dror pecs ofa Cua 6 Grew omic thee ne ee oT a 50 vn fe on vi Sorat: Sr wet comoy water Beet comprohentive fend uae pire, toning, w tae oO rehictore, prodbliore and ater requirartents kapoaedt ty Qcesmmneckyt aircrcetsi. eRERONE shel rreciers sppectng on the plat or etme FARRAR Te Peais ©2004 Putte Ascot Recon eno Tee foam Se sa Rgpisfiemeved Faget cté BSIRRAR SASS SU BIER ERIVURYSRYUNAE g aa a g i [3 Roa | | it i g 4 i A ij § fe i ADMINISTRATIVE COMPLAINT; EXHIBIT #2 “Brot sfittect pataeys Inc. 4 PHONE ND. : 9136e92129 Nov. 88 2285 25:25PM P6 TEU ca Pas th Jat PF2308 ERI gccegy PROT RUTH MeRSttmxry SUCCHIE REL TY das aeeengense ody Gardad D Riots tas hcl a . enced tet sao by Wane Deere Gnetame # hark, be 19% om CAMROWONT: CL 36 eter SerCNdRED cece Of 8 copy Of SMT A aebaaas aq qGuisderaycseecaeanssaaszyx oar | MEY Tew at ihe tod annn an ao 227922006 22:55 AM FROM: Faz352-597-28325 EXIT SUCCESS REALTY 70: 1 813 6f3-2122 FASE: 603 OF O65 FROM TRUTH HERSH-ExIT SUCCESS REALTY FRX No, ‘SSos977411 Now. 2006 B43 PZ SHOR, 2 te te cus te Cligent efloxt to-ccerect detectisy within edocs, Stl eftser waint tre dobects 27 Kee eked of ‘undid Bie Comact, ¥ Boley is to provias the it le. delivered eo Ekaye teesn thers © ckays peice ‘19 imucabie In antorciance with. A withost sscaption tor ves of egal tight of accaca, on ot elie eande and exnnpoal task koce each tonerd epectiine te pactoee i053 ganaty oie - by tener. If Seley ip unadie to antitts auch lation fern aach ten. win Wrst Kove paris in tes far ot a Satie wie, wid Bijer ety Ogee tex fawn Sahar ney Guyer may terete tie Convact ty dalvering wttan Saf. ot Closings, dofew ml assign af crighicd lesaes to Buyer. re ak ee ee ennk. hess trerwine protided fox howin of any franihg sistemart, ae pt et Set beer bonne ksoveronts oF rapist te Rae! Progeny tor Be aes Srapenwad er mapnivad within thet ine, Saker shat Onliner ratacces or wakery of ooneinaction Seb6RIA Gad meters: in accBicas bo Sefer ben aiden salivg, txth the ating mesures by Buy W tho teprosernert haa ben aibeantiy conta se of © rectlec! ont Seer abel. ax Cloning. ba chaseedl wn amcunt ogeaita the tant ottinece ADMINISTRATIVE COMPLAINT... ( 72 ee rhe “Henrie mac OE TU/9/2006 11:55 aM FROM: Fax352-5$7-2323 EXIT SUCCESS REALTY To: FROM 3RUTH HERSH-EXIT SUCCESS REALTY FAK ND, S3S28977111 2 $i> 583-2125 PAGE: 904 OF 905 Nov. G8 2206 87:43PM P46 217 of vesmeatios atat te sn obligation oF tnter and Casing iedonad pursuers restoration costs socuwed at Gosing. Fite 218 Oast of ettonsion ecasce 3.5% of the Puctaes Price, Poe eth meee ee ee 8, Homer with thar te SY or ey exmaance proceeds ® “ihe 6a0d thell be mectied gpon ciaarance of Senda. Fie tite apart insures actvarse watiorn urna to Gactnn 627 7841, FS_ ie: of ATTORNEY'S FEES COSTS: i any Rigaicn, Poluting breach wiooomen sterzataion, ofbg on of tie Cantact. te porsing te Fr Ra an een Siew ret Sl, ret ny txckary achat Spsey or Paraguay fakes oak ean ‘Souths act eapenene. ois wrt ‘T CONTRACT NOT RECORNARLE, PERSONS BOUNG, FRIGRARE: Netter tis Contact notes Peccrtiod pti fecnizia. Thiet Contact chal bind and iaurt to the bonata of the paras sec! iit suctecans rene. Venn re cortane par can a ote PaaS AOR ret ering, Yoo er cr tat Merenng ay pay et eto ke eee BREESE | in; fi t i iy f i SOntngeNe ptt, Nor exdaredhict or chateyse! by; sch Exchange. SaeuaDBRRENURCOBSERE Fi | | 5 b TRATIVE COMPLAINT 2 lnpile tocsimte copy of ie Contract and any aig- on

Docket for Case No: 09-002493PL