04.5390 HL FILED 24 SEP STATE OF FLORIDA P23 Alp 58 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION gu ge FLORIDA REAL ESTATE COMMISSION AUMIRISTRATI YE HEARINGS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case NO. 2008031518 2008031519 JOAQUIN INIGO AND MARK TENZER, / ADMINISTRATIVE COMPLAINT | Respondents. State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Joaquin Inigo and Mark Tenzer (“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 Joaquin Inigo is and was at all times material hereto a licensed Florida real estate sales associate, issued H:\ac\inigo.ac.doc FDBPR v. Joaquin Inigo and Mark Tenzer Case No. 2008031518 Administrative Complaint 2008031519 license number 691286 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an inactive sales associate at 6410 Sw ss** path, Miami, Florida 33173. 3. Respondent Mark Tenzer is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 3008525, 87984, and 3012867 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker at Foreclosure Specialists Realty Inc., 10745 sw 104% Street, Miami, Florida 33176; Tenzer Realty Inc. & Associates, 10745 SW 104™ Street, Miami, Florida 33176; and Tenzer Realty and Associates, Inc., 10745 SW 104th Street, Miami, Florida 33176. 4. Respondents were the listing agents for a property located at 14081 S.W. 166th Street, Miami, Florida 33177 (“Subject Property”) owned by Wiltamar & Alessandra S. Mendes (“Sellers”). 5. On or about January 18, 2008, Respondents negotiated a sales and purchase contract with Mario and Sulena Hernandez for $338,640 for the Subject Property. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1.° 6. Respondent concealed from Buyers that the sale and purchase contract was a back-up contract. A copy of the settlement statement is attached hereto and incorporated herein H.\ac\inigo.ac.doc 2 FDBPR v. Joaquin Inigo and Mark Tenzer Case No. 2008031518 Administrative Complaint 2008031519 as Administrative Complaint Exhibit 2. 7. Respondents concealed from Buyers that Respondent Tenzer had an interest in the Subject Property. 8. Respondent knew or should have known that in reliance on Respondents full disclosure, the Buyers entered into a contract to purchase the Subject Property. COUNT ONE Based upon the foregoing, Respondent Joaquin Inigo 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 this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme in violation of Section 475.25(1) (b), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent Mark Tenzer is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable Hi \ac\inigo.ac.doc 3 FDBPR v. Joaquin Inigo and Mark Tenzer Case No. 2008031518 Administrative Complaint 2008031519 negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme in violation of Section 475.25(1) (b), 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 $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 Hi\ac\inigo.ac.doc 4 FDBPR v. Joaquin Inigo and Mark Tenzer Case No. 2008031518 Administrative Complaint 2008031519 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 6132-24.001. 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 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. H:\ac\inigo.ac.doc Be FDBPR v. Joaquin Inigo and Mark Tenzer Administrative Complaint Signed this /k PCP: MG/MV 4/09 H:\ac\inigo.ac.doc Case No. 2008031518 2008031519 , 2009. PETITIONER or Attorney orida Bar No.0506877 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 FDBPR v. Joaquin Inigo and Mark Tenzer 1084 SEP 23 Acs S810. 2008031518 Administrative Complaint 2008031519 DIVISION AUMDESTRATIVE NOTICE TO nesponnentg’? NGS 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\inigo.ac.doc 7 NNNVAS SBenannaa res) SSOMDNAGTAWONACHOANDUAWD a 24 Residential Sale and Purchase Contract FLORIDA ASSOCIATION OF REALTORS® : 1. SALE AND PURCHASE: and : ; agree fo sell and buy on the terms ani itions specified below the property described as: DP itl. od id cond Address: /YO S/S Ce) WA STLCEl fiat |, File, r”) ~ oy S337 “2 ce Cc. ° fl - a Legal Description: hag na lade. S22 2 PBIYI- 7% Te. a Tax ID No: ETE hee together with all existing improvements and attached items, including fixtures, built-in furnishings, major ap; not limited to range(s), refrigerator(s), dishwasher(s), washer(s), and dryer(s),___(#) ceiling fans light fixtures, attached wall-to-wall car eting, rods, draperies. and other window treatments as of items included in ye Papas aS 2a leet Ca / Ww The following attached items are excluded from the purchase: ‘The real and personal property ‘described above as included in the purchase is referred to as the “Property.” Personal property listed in this Contract is included in the purchase- price, has no contributory value and is being left for Setler's convenience. PRICE AND FINANCING : 2. PURCHASE PRICE: $335,640 payable by Buyer in US, curoncygs foiows: (a) $ Deppsit recogd (checks are subject to cleagang yon ~ ° : _ by. for delivery to_ Co i 2 ‘(Escrow Agent”) ndture Sig Name of Company . | . - (Address of Escrow Agent) 12 CTL, Ll ef BRISL . (Phone # of Escrow Agent) AS I- (Z (b) $. ¢ > Additiona! deposit to be delivered to Escrow Agent by : or days from Effective Date. (10 days if left blank) {c) [00 fp Total financing (see Paragraph 3 below) (express as a dollar amount or percentage) (d) $_ > Other: (e)$ Ral ante Balance to clase (not including Buyer's closing costs, prepaid items and prorations). All funds paid at closing must be paid by locally drawn cashier's check, official bank check, or wired funds. 3. FINANCING: (Check as applicable) [7] (a) Buyer will ay cash for the Property with no financing contingency. oO (b) Buyer will apply for new L] conventional FHA JXVA financing specified in paragraph 2(c) at the prevailing interest rate and loan costs based on Buyer's creditworthiness (the “Financing’) within days from Effective Date (5 days if left blank) and Provide Seller with either a written Financing commitment or approval letter (“Commitment”) or written notice that Buyer is unable to obtain a Commitment within days from Effective Date (the earlier of 30 days after the Effective Date or 5 days prior to Closing Date if left biank) ("Commitment Period”). Buyer will keep Seller and Broker fully informed about loan application status, progress and Commitment issues and authorizes the mortgage broker and jender to disclose all such information to Seller and Broker. If, after using diligence and good faith, Buyer is unable to provide the Commitment and provides Seller with written notice that Buyer is unable to obtain a Commitment within the Commitment Period, either party may cancel this Contract and Buyer's deposit will be refunded. Buyer's failure to provide Seller with written notice that Buyer is unable to. obtain a Commitment within the Commitment Period will result in forfeiture of Buyer's deposit(s). Once Buyer provides the Commitment to Seller, the financing contingency is waived and Seller will be entitled to retain the deposits if the transaction does not close by the Closing Date unless (1) the Property ; appraises below the purchase price and either the parties cannot agree on a new purchase price or Buyer elects not to proceed, (2) the property related conditions of the Commitment have not been met (except when such conditions are waived by other provisions of this Contract), or (3) another provision of this Contract provides for cancellation. CLOSING 4, CLOSING DATE; OCCUPANCY: Unless the Closing Date is specifically extended by the Buyer and Seller or by any other provision in this Contract, the Closing Date | prevail over all other time periods including, but not limited to, inspection and financing periods. This Contract will be closed on mT, (“Closing Date”) at the time established by the clasing agent, by which time Seller will (a) have removed all personaV/items and trash from the Property and swept the Property clean and (b) deliver the deed, Occupancy and possession, along with all keys, garage door openers and access codes, to Buyer. If on Closing Date insurance underwriting is suspended, Buyer may postpone Closing up to 5 days after the insurance suspension is lifted; If this transaction does not close for any reason, Buyer will immediately return all Seller-provided title evidence, surveys, association documents and other items. Buyer Sy Hb and Seller (QA =). acknowledge receipt of a copy of this page, which is Page 1 of 8 Pages. FAR-9 4107 ©2007 Florida Association of REALTORS® All Rights Reserved ADMINISTRATIVE COMPLAIND a, EXHISIT fe 7058 55 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted 56 by mail or electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and $7 recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as 58 per Paragraph 19. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 FAR-9 4107 ©2007 Florida Association of REALTORS® Ail Rights Reserved (a) Seller Costs: Taxes and surtaxes on the deed Recording fees for documents needed to cure title Other: Seller will pay up to $ or % (1.5% if left blank) of the purchase price for repairs to warranted items (“Repair Limit”); and up to $ or % (1.5% if left blank) of the purchase price for wood-destroying organism treatment and repairs (“WDO Repair Limit”); and up to $ or % (1.5% if left blank) of the purchase price for costs associated with closing out open permits and obtaining required permits for unpermitted existing improvements (“Permit Limit”). (b) Buyer Costs: ‘ Taxes and recording fees on notes and mortgages Recording fees on the deed and financing statements Loan expenses Lender's title policy Inspections Survey - Flood insurance, homeowner insurance, hazard insurance Other: i {c) Title Evidence and insurance: Check (1) or (2): : (} (1) The title evidence will be a Paragraph 10(a)(1) owner's title insurance commitment. (] Seller will select the title agent and will pay for the owner's title policy, search, examination and related charges or [_] Buyer will select the title ‘agent and pay for the owner's title policy, search, examination and related charges or C) Buyer will select the title agent ang Seller will pay for the owner's title policy, search, examination and related charges. : (2) Seller will provide an abstract as specified in Paragraph 10(a)(2) as title evidence. (]Seller Buyer will pay for the owner's title policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and lien search fees, and Buyer will Pay fees for title searches after closing (if any), title examination fees and closing fees. (d) Prorations: The following items wil! be made current (if applicabie) and prorated as of the day before Closing Date: real estate taxes, interest, bonds, assessments, association fees, insurance, rents and other current expenses and revenues of the Property. If taxes and assessments for the current year cannot be determined, taxes shall be prorated on the basis of taxes for the preceding year as of the day before Closing Date and shall.be computed and readjusted when the current taxes are determined with adjustment for exemptions and improvements. If there are completed improvements on the Property by January 1 of the year of the Closing Date, which improvements were not in existence on January 1 of the prior year, taxes shail be prorated based on the prior year's millage and at an equitable assessment to be agreed upon by the parties prior to Closing Date, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. If the County Property Appraiser is unable or unwilling to perform an informal assessment prior to Closing Date, Buyer and Seller will split the cost of a private appraiser to perform an assessment prior - to Closing Date. Nothing in this paragraph shall act to extend the Closing Date. This provision shall survive closing. (e) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will pay (i) the full amount of liens that are certified, confirmed and ratified before closing and (ii) the amount of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but has not resulted in a lien before clasing, and Buyer will pay all other amounts. If special assessments may be paid in installments [_J Buyer | Seller (if left blank, Buyer) shall pay installments due after closing. If Seller is checked, Seller will pay the assessment in full prior to or at the time of closing. Public body does not include a Homeowner Association or Condominium Association. (f) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may require Seller to provide additional cash at closing if Seller is a “foreign person” as defined by federal law. (g) Home Warranty: [1] Buyer [_] Seller bei N/A will pay for a home warranty plan issued by ata cost not to exceed $ . A home warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in appliances in the event of breakdown due to normal wear and tear during the agreement period. PROPERTY CONDITION : : 6. INSPECTION PERIODS: Buyer will complete the inspections referenced in Paragraphs 7 and 8(a)(2) by . (the earlier of 10 days after the Effective Date or 5 days prior to Closing Date if left blank) (“Inspection Period”); the wood-destroying organism inspection by , (at least 5 days prior to closing, if left blank); and the walk-through inspection on the day before Closing Date or any other time agreeable to the parties; and the survey referenced in Paragraph 10(c) by ' (at least 5 days prior to closing if left blank). c Nw ADMINISTRATIVE COMPLAINT Buyer Sb th and Seller Gy cA) acknowledge receipt of a copy aft! S page, rien is Page 2 of 8 Pages. he ir, errr ncn A EEE EA 413 7. REAL PROPERTY DISCLOSURES: Seller represents that Seller does not know of any facts that materially affect the value 114 of the Property, including but not limited to violations of governmental iaws, rules and regulations, other than those that Buyer 115 can readily observe or that are known by or have been disclosed to Buyer. : 116 117 118 419 420 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 173 (a) Energy Efficiency: Buyer acknowledges receipt of the energy-efficiency information brochure required by Section 553.996, Florida Statutes. (b) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed. federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Buyer may, within the Inspection Period, have an appropriately licensed person test the Property for radon. If the radon level exceeds acceptable EPA standards, Seller may choose to reduce the radon level to an acceptable EPA level, failing which either party may cancel this Contract. (c) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which flood Zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and rebuilding ‘in the event of casualty. If the Property is in a Special Flood Hazard Area. or Coastal High Hazard Area and the buildings are built below the minimum flood elevation, Buyer may cancel this Contract by delivering written notice to. Seller within 20 days from Effective Date, failing which Buyer accepts the existing elevation of the buildings and zone designation of the Property. (d) Homeowners’ Association: !f membership in a homeowners’ association is mandatory, an association disclosure summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. ' (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY ‘TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, GONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. i : . (f) Mold: Mold is part of the natural environment that, when accumulated in sufficient quantities, may present health risks to’ susceptible persons. For more information, contact the county indoor air quality specialist or other appropriate professional. (g) Coastal Construction Control Line: !f any part of the Property lies seaward of the coastal construction control line as defined in Section 161.053 of the Florida Statutes, Seller shall provide Buyer with an affidavit or survey as required by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The Property being purchased may be subject to coastal erosion and to federal, state, or jocal regulations that govern coastal property, including delineation of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida Department of Environmental Protection, including whether there are significant erosion conditions associated with the shoreline of the Property being purchased. . (] Buyer waives the right to receive a CCCL affidavit or survey. : 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seiler will keep the Property in the same condition from Effective Date until closing, except for normal wear and tear (“Maintenance Requirement”) and repairs required by this Contract. Seller will provide: access and utilities for Buyer's inspections. Buyer will repair ‘all damages to the Property resulting from the inspections, ‘return the Property to its pre-inspection condition and provide Seller with paid receipts for all work done on Property upon its completion. If Seller is unable to complete required repairs or treatments or meet the Maintenance Requirement prior to closing, Seller will give Buyer a credit at closing for the cost of the repairs and maintenance Seller was obligated to perform. At closing, Seller will assign all assignable repair and treatment contracts to Buyer and provide Buyer with paid receipts for all work done on the Property pursuant to the terms of this Contract. At closing, Seller will provide Buyer with any written documentation that all-open permits have been closed out and that Seller has obtained required permits for improvements to the Property. (a) Warranty, Inspections and Repair: . (1) Warranty: Seller warrants that non-leased major: appliances and heating, cooling, mechanical, electrical, security, sprinkler, septic and plumbing systems, seawall, dock and pool equipment, if any, are and will be maintained in working condition until closing; that the structures (including roofs, doors and windows) and pool, if any, are structurally sound and watertight; and that torn or missing screens and missing roof tiles will be repaired or replaced. Seller warrants that all open permits will be closed out and that Seller will obtain any required permits for improvements to the Property prior to Closing Date. Seller does not warrant and is not required to repair cosmetic conditions, unless the cosmetic condition resulted from a defect in a warranted item. Seller is not obligated to bring any item into compliance with existing building code regulations unless necessary to repair a warranted item. “Working condition” means operating in the manner in which the item was designed to operate and “cosmetic conditions” means aesthetic imperfections that do not affect the working condition of the item, including pitted marcite; tears, worn spots and discoloration of floor coverings/wallpapers/window treatments; nail holes, scratches, dents, scrapes, chips and caulking in bathroom ceiling/walls/flooring/tile/fixtures/ mirrors; cracked roof tiles; curling or worn shingles; and minor cracks in floor tiles/windows/driveways/sidewalks/pool decks/garage and patio floors. : (2) Professional inspection: Buyer may, at Buyer’s expense, have warranted items inspected by a person who specializes in and holds an occupational license (if required by law) to conduct home inspections or who holds a Florida license to repair and maintain the items inspected (“professional inspector”). Buyer must, within 5 days from the end of 174 Buyer ( $ t { ) dub, and Seller (@uf ¢*) gSxX acknowledge receipt af ardopy ofthis pages. whist tiaGe!d be 8 Pages. FAR-9 4/07 ©2007 ‘Florida Association of REALTORS® All Rights Reserve XHIG1T #4 PAGE ___s2___ OF ——}2& 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 the Inspection Period, deliver written notice of any items that are. not in the condition warranted and.a copy of the portion of inspector's written report dealing with such items to Seller. If Buyer fails to deliver timely written notice, Buyer waives Seller's warranty and accepts the items listed in subparagraph (a) in their “as is” conditions, except that Seller must meet the maintenance requirement. : . ; . , (3) Repair: Seller will obtain repair estimates and is obligated only to make repairs necessary to bring warranted items. into the condition warranted, up to the Repair Limit. Seller may, within 5 days from receipt of Buyer’s notice of items that are not in the condition warranted, have a second inspection made by a professional inspector and will report repair estimates to Buyer. If the first and second inspection reports differ and the parties cannot resolve the differences, Buyer and Seller together will choose, and equally split the cost of, a third inspector, whose written report will be binding on the parties. If the cost to repair warranted items equals or is less than the Repair Limit, Seller will have the repairs made in a workmanlike manner by an: appropriately licensed person. If the cost to repair warranted items exceeds the Repair Limit, either party may cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost to Seller not exceeding the Repair Limit and accepts the balance of the Property in its “as ~ is” condition. (4) Permits: Seller shall close out any open permits and remedy any violation of any governmental entity, including but not limited to, obtaining any required permits for improvements to the Property, up to the Permit Limit, and with final inspections completed no later than 5 days prior to Closing Date. If final inspections cannot be performed due to delays by the governmental entity, Closing Date shall be extended for up to 10 days to complete such’ final inspections, failing which, either party may cancel this Contract and Buyer's deposit shalt be refunded. If the cost to close out open permits or to remedy any violation of any governmental entity exceeds the Permit Limit, either party may cancel the - Contract unless either party pays the excess or Buyer accepts the Property in its “as is” condition and Seller credits Buyer at closing the amount of the Permit Limit. (b) Wood-Destroying Organisms: “Wood-destroying organism” means arthropod or plant life, including termites, powder- post beeties, oidhouse borers and wood-decaying fungi, that damages or infests seasoned wood in a structure, excluding fences. Buyer may, at Buyer's expense, have the Property inspected by a Florida-licensed pest control business to —- determine the existence of past or present wood-destroying organism infestation and damage caused by infestation. If the inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector's written report to Seller within 5 days from the date of the inspection. If Seller previously treated the Property for the type of wood-destroying organisms found; Seller does not have to treat the Property again if (i) there is no visible live infestation, and (ii) Seller transfers to Buyer at closing a current full treatment warranty for the type of wood-destroying organisms found. Otherwise, Seller will have 5 days from receipt of the inspector's report to-have reported damage estimated by a licensed building or general contractor and corrective treatment estimated by a licensed pest control business. Seller will have treatments and repairs made by an appropriately licensed person at Seller's expense up to the WDO Repair Limit. If the cost to treat and repair the Property exceeds the WDO Repair Limit, either party may pay the excess, failing which either party may cancel this Contract by written notice to the other. If Buyer fails to timely deliver the inspector's written report, Buyer accepts the Property “as is” with regard to wood-destroying organism infestation and damage, subject to the maintenance requirement. (c) Walk-through Inspection/Reinspection: Buyer, and/or Buyer's representative, may walk through the Property solely: to verify that Selier has made repairs required by this Contract, has met the Maintenance Requirement and has met contractual obligations. If Buyer, and/or Buyer's representative, fails to conduct this inspection, Seller's repair obligations and Maintenance Requirement will be deemed fulfilled. 9. RISK OF LOSS: If any portion of the Property is damaged by fire or other casualty before closing and can be restored by the Closing Date or within 45 days after the Closing Date to substantially the same condition as it was on Effective Date, Seller, will, at Seller's expense, restore the Property and deliver written notice to Buyer that Seller has completed the restoration, and the parties will close the transaction on the later of: (1) Closing Date; or, (2) 10 days after Buyer's receipt of Seller's notice. Seller will not be obligated to replace trees. If the restoration cannot be completed in time, Buyer may cancel this Contract and Buyer's deposit shall be refunded, or Buyer may accept the Property “as is”, and Seller will credit the deductible and assign the insurance proceeds, if any, to Buyer at closing in such amounts as are (i) attributable to the Property and (ii) not yet expended in restoring the Property to the same condition as it was on Effective Date. , TITLE 10. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or guardian deed as appropriate to Seller's status. . : (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent residential use of the Property: covenants, easements and restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at or before closing. Seller will, at least 2 days prior to closing, deliver to Buyer, Seller's choice of one of the following types of title evidence, which must be generaily accepted in the county where the Property is located (specify in Paragraph 5(c} the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County. (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and - subject only to title exceptions set forth in this Contract. , (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the Buyer Sk) Get ana Seller (Gvf* SS. acknowledge receipt ofa copy Ofthis pigd, Whith is fABE-4 of 8 Pages. FAR-9 4/07, ©2007 Florida Association of REALTORS® All Rights. Reserve: y de ; 238 239 240 241 242 243 s. ad 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 © 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 Property recorded in the public records of the county where the Property is located and certified to Effective Date. However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of title evidence but no later than Closing Date, of any defects that make the title unmarketable. Seller will have 30 days from receipt of Buyer's notice of defects (“Curative Period”) to cure the defects at Seller's expense. If Seller cures the defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on Closing. 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 defects within the Curative Period, Seller wil! deliver written notice to Buyer and Buyer will, within 10 days from receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and deliver written nctice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a title defect and Buyer’s and Seller's obligations will be determined in accordance with subparagraph (b) above. MISCELLANEOUS 11. EFFECTIVE DATE; TIME; FORCE MAJEURE: {a) Effective Date: The “Effective Date” of this Contract is the date on which the last of the parties initials or signs and delivers the final offer or counteroffer. Time is of the essence for all provisions of this Contract. : (b}. Time: All time periods will be computed in business days (a “business day’ is every calendar day except Saturday, Sunday and national legal holidays). If any deadline falls on a Saturday, Sunday or national legal holiday, performance will be due the next business day. All time periods will end at 5:00 p.m. local time (meaning in the county where the Property is located) cf the appropriate day. : 7 (c) Force Majeure: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable to each other for damages so long as the performance or non-performance of the obligation is delayed, caused or prevented by an act of God or force majeure. An “act of God” or “force majeure” is defined as hurricanes, earthquakes, floods, fire, unusual transportation delays, wars, insurrections and any other cause not reasonably within the control of the Buyer or Seller and which by the exercise of due diligence the non-performing party is unable in whole or in part to prevent or ‘overcome. All time periods, including Closing Date, will be extended (not to exceed 30 days) for the period that the force majeure or act of God is in place. In the event that such “act of God” or “force majeure” event continues beyond the 30 days in this sub-paragraph, either party may cancel the Contract by delivering written notice to the other and Buyer's deposit shall be refunded. : : 42. NOTICES: All notices shall be in writing and will be delivered to the parties and Broker by mail, personal delivery or electronic media. Except for the notices required by Paragraph 3 of this Contract, Buyer's faiture to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will render that contingency null and void and the Contract will be construed as if the contingency did not exist. Any notice, document or item delivered to or received by an attorney or licensee (including a transaction broker) representing a party will be as effective as if delivered to or by that party. 13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. Modifications of this Contract will not be binding unless in writing, signed or initialed and delivered by the party to be bound. Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated electronically Or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevait over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, ail remaining provisions will continue to be fully effective. Buyer and Seller will use diligence and good faith in performing all obligations under this Contract. This Contract will not be recorded in any public records. 14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent, The terms “Buyer,” “Seller,” and “Broker” may be singular or plural. This Contract is binding on the heirs, administrators, executors, personal representatives and assigns (if permitted) of Buyer, Seller and Broker. . DEFAULT AND DISPUTE RESOLUTION 15. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without waiving the right to seek damages or to seek specific performance as per Paragraph 16. Seiler will also be liable to Broker for the full amount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated damages or to seek specific performance as LOIN TOATIVE COMPLAINT Buyer Sh) due and Seller (G@al:7\) ((Q&y¥) acknowledge receipt of A’capy of thig page, Which is Page's of 8 Pages. - FAR-8 4/07, «©2007 —‘Forida Association of REALTORS® - All Rights Reserved EXMUEIT # . PAGE 3 OF 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 - 320 324 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 per Paragraph 16, and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid (to be split equally among Broker) up to the full amount of the brokerage fee. 16. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims and other matters in question arising out of or relating to this transaction or this Contract or its breach will be settled as follows: . (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent will submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real Estate Commission ("FREC”). Buyer and Seller will be bound by any resulting award, judgment or order. A broker's obligation under Chapter 475, FS and the FREC rules to timely notify the FREC of an escrow dispute and timely resolve the escrow dispute through mediation, arbitration, interpleader or an escrow disbursement order, if the broker so chooses, applies to brokers only and does not apply to title companies, attorneys or other escrow companies. . (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not provided for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery, it will be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related disputes. Any disputes with a real estate licensee or firm named in Paragraph 19 will be submitted to arbitration only if the licensee's broker consents in writing to become a party to the proceeding. This clause will survive closing. : ; .- . (c) Mediation and Arbitration; Expenses: “Mediation” is a process in which parties attempt to resolve a dispute by submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association (“AAA”) or other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. “Arbitration” is a process in which the parties resolve a dispute by a hearing before a-neutral person who decides the matter and whose decision is binding on the parties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed on by the parties. Each party to any arbitration will pay its own fees, costs and expenses, including attorneys’ fees, and will equally split the © arbitrators’ fees and administrative fees of arbitration. . ESCROW AGENT AND BROKER : 17. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this, Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbifrated, so long as Escrow Ageni consents to arbitrate. 18. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that 19. BROKERS: The licensee(s) and brokerage(s) hamed below are collectively referred to as “Broker.” Instruction to Closing Agent: Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties and cooperative agreements between the brokers, except to the extent Broker has retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated below. This paragraph will not be used to modify any MLS or other offer of compensation made by Seller or listing broker to cooperating brokers. Buyer Gb) Wut ) and Seller G“ Ny (BS ¥ ) acknowledge receipt BA AGORY: of this page, which, is Page & of 8 Pages. FAR-9 4107 ©2007. Florida Association of REALTORS® All Rights Reserves yr, HET # ! 3 409 410 \ Keger Sha pie > / 0b67S3% olde! be Selltg Sales Associate/License No. . Selling Firm/Brokerage Fee: ($.or % of Purchase Price) 7 ‘qecpuin Tiga / ob2/28L Tenzer pralty 56 Listing Salds Associate/Licensé No. Listing Firm/Brokerage Fee: ($‘or % of Purchase Price) ADDENDA AND ADDITIONAL TERMS 20. ADDENDA: The following additional terms are included in the attached addenda and incorporated into this Contract (check if applicable): A. Condo. Assn. & H. As Is w/Right to Inspect O. Interest-Bearing Account xl V. Prop. Disclosure Stmt. (JB. Homeowners’ Assn. |. Inspections {X!P. Back-up Contract LJW. FIRPTA [_IC. Seller Financing (Ju. Insulation Disclosure (JQ. Broker - Pers. Int. in Prop. (x. 1031 Exchange (JD. Mort. Assumption CK. Pre-1978 Housing Stmt. (LBP) (JR. Rentals LJY. Additional Clauses (_]§. FHA Financing LIL. Insurance [_]S. Sale/Lease of Buyer's Property [Xj Other sO i] F. VA Financing "LM. Housing Older Persons LOT. Rezoning Other {-]G. New Mort. Rates N. Lease purchase/Lease option (JU. Assignment (J Cther 21. ADDITIONAL TERMS: Pursuant to Section 475.42(1)(j), Fla. Stat., Seller and Buyer hereby grant Broker the tight to place a lien on the Property to - ensure payment of services rendered. For purposes of this paragraph, Broker will be treated as a party to this Contract. in addition to any brokerage fee noted in paragraph 19, Coldwell Banker Residential Real Estate, inc. will callect a $295 brokerage fee from its Buyer(s) and/or Seller(s) as agreed to in the Buyer's Disclosure-and Information Form and/or Seller's Listing Agreement. i | . Buyer and Seller agree that Coldwell Banker, if acting as escrow agent, will deposit the escrowed funds in a non-interest- bearing account with a financial institution chosen by Coldwell Banker and that the financial institution, Coldwell Banker or any of its related companies may obtain a direct or indirect benefit in connection with such deposit. | i Buyer should not execute this contract until buyer has received and read the disclosure summary if required by section 720.401, Florida Statutes which, if required, is incorporated into this contract. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT |S VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID His. CONTRACT SHALL TERMINATE AT CLOSIN' Cr aie {YALL Sa fe rite, F412 ; 4 ADMINISTRATIVE COMPLAINT Buyer Ws and Selfer ewe acknowledge receipt yi 2 copY vA = page, which is Page 7 of 8 Pages. FAR-9 4/07 ©2007 Florida Association of REALTORS® All Rights Reserve en PAGE OF Bohs i 414 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 “This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. OFFER AND ACCEPTANCE (Check if applicable: _] Buyer received a written real property disclosure statement from Seller before making this Offer.) Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a copy delivered to Buyer no later than gs [Ja.m. Mp.m. on Janie ly al, -_, this offer will be revoked and Buyer's deposit refunded subject to clearance of funds. COUNTER OFFER/REJECTION (Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a copy of the acceptance to Seller. Unless otherwise stated, the time for acceptance’ of any counteroffers shall be 2 days from the date the counter is delivered. (_] Seller rejects Buyer's offer. Date: I [¥ Ing pate: //1K |r Phone: Fax: Address: E-mail: Date: i g/ee Seller: GA. One nde . | Printname: WJ AReewar, Me ped Seller: Whe woamdrver Q s fades . Print name: : Fax: Address; : E-mail: ~t——____} - Effective Date: / / 2 3 [€3 (The date on which the last party signed or initialed and delivered the final offer or counteroffer.) Buyer Goby Wee) and Seller 6: ea) (P34 acknowiedge receipt of a copy of this page, which is Page 8 of 8 Pages. The Florida Association of REALTORS and local Board/Association of REALTORS make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Cade) forbid the unauthorized reproduction of blank forms by.any means including facsimile or computerized forms. ADMINISTRATIVE COMPLAINT FAR-9 4/07 ©2007 Florida Association of REALTORS® All Rights Reserved =¥}-1/{3/T + ore OF 7 1* The clause below will be in ated i tract between (4/, / lamer” /Meng 25 (Seller) 2 and fay lo Suleng fle (2 2. ______ (Buyer) concerning the Property described as 3° S72. fArrmy i SBIR? only if initialed by all parties: 4*( d¢ )-¢ )¢ ) S. SalefLease of Buyer's Property: This Contract is contingent on the lease or closing of 5* Buyer's property located at _— Bt 7 8 9 10* 11* 12* 14 15° 16" 17 18* 19 20 21. 22* 23 24 25 26 27 28 29 30 31 32 33 34 35 36 42 43* 44 45 46 47 48 49 50 51 52 33 34 35 36* i7* {f Buyer's property is not closed or subject to a signed lease acceptable to Buyer's lenderby , (“Deadtine”), Buyer will, within 3 days from Deadline, provide Seller with written notice canceling this Contract, and Seller will refund Buyer's deposit. If Buyer does not timely provide written notice of cancellation, this contingency will be deemed removed. ( )¢ )-¢ )¢ ) T. Rezoning: Buyer will have until _. ——..._.. f0 obtain the following zoning for the Property from the appropriate government agency: Zoning . .._. for use of the Property as _. _... Seller will sign all forms required by the government agency. Buyer will pay all costs associated with the rezoning application and proceedings. If rezoning is not obtained, this Contract will terminate and Buyer's deposit will be refunded. ; i ¢ )-( d( JU. Assignment: Seller agrees that Buyer may assign this Contractto — ) MAD aut V. Property Disclosure Statement: This offer is contingent on Seller completing, signing and delivering io Buyer a written Teal Property disclosure statement within 3 days from Effective Date. If the statement discloses any material information about the Property that is unacceptable to Buyer, Buyer may cancel this: Contract by written notice to Seller within 3 days from receipt of Seller's written statement. ( y¢ )-¢ )( ) W. Foreign Investment in Real Property Tax Act (“FIRPTA”): If a Seller is a “foreign person” as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires Buyer to withhold 10% of the amount realized by. the Seller on the transfer and remit the withheld amount to the Internal Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1) Seller provides Buyer with an affidavit that Seller is not a “foreign person’, (2) Seller provides Buyer with a Withholding Certificate providing for rediiced or eliminated withholding, or (3) the gross sales price is $300,000 or less, Buyer is an individual who purchases the Property to use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property for at least 50% of the number of days the Property is in use during each of the first two 12 month periods after transfer. The IRS requires Buyer and Seller to have a U.S. federal taxpayer identification number (“TIN”). Buyer and Seller agree to execute and deliver as directed any instrument, ajffidavit or statement reasonably necessary to comply with FIRPTA requirements including applying for a TIN within 3 days from Effective Date and delivering their respective TIN or Social Security numbers to the Closing Agent. lf Seller applies for a withholding certificate but the application is still pending as of closing, Buyer will place the 10% tax in escrow at Seller's expense to be disbursed in accordance with the final determination of the iRS, provided Seiler so requests and gives Buyer notice of the pending application in accordance with Section 1445. If Buyer does not pay sufficient cash at closing to meet the withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the requirement. Buyer will timely disburse the funds to the IRS and provide Seller with copies of the tax forms and receipts. ( Ge will deliver a copy of the assignment to Seller and[ | will oh will not be released from the duty to perform this Contract. the Exchange. (___} (____)-(___) (___) Y. Additional Clauses: Buyer Sak dl and Seller (gC. p- Sf ) acknowledge receipt of a copy of this page. FARA-9 4/07 ©2007 Florida Association of REALTORS® All Rights Reserved Page of Addendum No. Form generated by: TrueForms™ www.TrueForms.com 800-499-9612 ADWINISTRATIVE COMPLAINT. EXHIBIT # pad oe OF 7 em seer a mt eames mete ae res es TS BRGE 4* The clause below will be incomorate : w/a (Seller) 2* and {7 LS 3 (Buyer) conceming the Property described as 24 : - only if initialed by all parties: 4 PROPERTY . : 5* A) nhlhar teutory . H. As Is With Right to Inspect: This clause replaces Paragraphs 6 and 8 of the Contract but 6 does not modify or replace’Paragtaph 9. Paragraph 5(a) Repair, WDO and Permit Limits are 0%. Seller makes no warranties 7 other than marketability of title. Seller will keep the Property in the same condition from Effective Date until closing, except for 8 normal wear and tear (‘Maintenance Requirement’), and will Convey the Property in its “as is” condition with no obligation to 9* make any repairs. Buyer may, at Buyer's expense, by- LS (Inspection Period”) (within 10 days 10 from Effective Date if left blank) make any and all inspections of the Property. The inspection(s) will be by a person who 11 specializes in and holds an occupational license (if required by law) to conduct home inspections or who holds a Florida license 12* to repair and maintain the items inspected. Buyer may cancel this Contract by delivering written notice to Seller within S days 13 (within 5 days if left blank) from the end of the Inspection Period if the cost of treatment and repairs estimated by Buyer's 14* inspector(s) is greater than$ {|} Q00,©0© _ ($250.00 if left blank) or if Buyer's inspection(s) reveal open permits or that - 15 improvements have been made to the Property without required permits. For the cancellation to be effective, Buyer must include 16 in the written notice a copy of the portions of the inspector's written report dealing with the items to be repaired, and treatment ~ 17 and repair estimates from the. inspector or person(s) holding an appropriate Florida license to repair the items inspected or any 18 written documentation of open permit(s) or permit(s) that have not been obtained if a permit is required. Any conditions not 19 reported in a timely manner will be deemed acceptable to: Buyer. If Buyer fails to timely conduct any inspection which Buyer is 20 entitled to make under this paragraph, Buyer waives the fight to the inspection and accepts the Property “as is. "Seller will 21 ‘provide access and utilities for Buyer's inspections. Buyer will repair all damages to the Property resulting from the inspections 22 and return the Property to its pre-inspection condition. Buyer and/or Buyer’s representative may, on the day before Closing Date 23 or any other time agreeable to the parties, walk through the Property solely to verify that Seller has fulfilled the Maintenance 24 Requirement and the contractual obligations. . 25* (. )U_._)-( Bye ) 1. Inspections (check as applicable) 26* Ov Self-Inspection: Buyer and Seller agree that unlicensed persons, including the parties themselves, may conduct the 27 inspections (except for Buyer's wood-destroying organism inspection) permitted in Paragraph 8 of the Contract or 28 Paragraph H of this Addendum. However, if the inspection findings differ and the partiés cannot resolve the differences, 29 Buyer and Seller together will choose, and will equally split the cost of, a professional inspector as defined in Paragraph 8 30 of the Contract whose report will be binding on the parties. 3t* {2) Right to Cancel Based on Inspection Results: Within the Inspection Period provided in Paragraph 6 of the Contract, 32 Buyer will, at Buyer's sole expense, complete any desired inspections of the Property in addition to those referenced in 33 Paragraphs 7 and &(a)(2). If Buyer is for any reason unhappy with a condition of the Property noted in during the 34 inspection results, Buyer may cancel the Contract by ‘delivering written notice to Seller along with a copy of the 35 inspection results within 2 days from the end of the inspeciion Period, and Buyer will, at Buyer's soie expense, 36 immediately repair all damage resulting from Buyer's inspections and restore the Property to its pre-inspection condition; 37 this obligation will survive termination of the Contract. If the Contract is not cancelled, the parties’ obligations remain as 38 +8pecified .in: the. Contract. This..Pacagraph_.dees. not- modify .or replace the rights.-and--obligations of -the parties:-under 39 Paragraph 9 of the Contract. . / 40° (_ yt )-¢ )____) J. Insulation Disclosure (New Homes Only): Insulation has been or willbe installed in the new 41 residence as follows: 42 Location Type Thickness Manufacturer R-Value 43* Interior Walls 44* Flat Ceiling Area 45* Sloped Ceiling Area 46* Common Walls Between Housé & Garage 47" Exterior Walls ; 48* Other 49* Buyer Sak mer) and Seller (Gua 7%_)( A-S . Na } acknowledge receipt of-a copy of this page. 50* FARA-9 4/07 ©2007 Florida Association of REALTORS® “All Rights Reserved - Page of Addendum No. Form generated by: TrueForms™ — www.TrueForms.com 800-499-9612 1* The clatise below will be incoi ted jnto the Con! between as Le TA Mear VATE 2s (Seiler) atand Mario An Oe Ovi. NAv1 Ae Z (Buyer) concerning the Property described as / 3* (4087 Sud 16 sT. Miawel FI BRIT only if initialed by all parties: 4* ae WML - entey -S-)f) F. VA Financing: “It is expressly agreed that, notwithstanding any other provision of this 5 Contract, the Buyer will ‘Not intur any penalty by forfeiture of earnest money or otherwise be obligated to complete the 6 purchase of the property described herein, if the Contract purchase price or cost exceeds the reasonable value of the 7 property as established by the U.S. Department of Veterans Affairs. The Buyer will, however, have the privilege and option 8 of proceeding with the consummation of this Contract without regard to the amount of reasonable value established by the 9 U.S. Department of Veterans Affairs.” If Buyer elects to proceed with the Contract without regard to the amount of 10 reasonable value established by the U.S. Department of Veterans Affairs, such election must be made within 3 days. from 11 Buyer's receipt of the appraisal. 12* Seller will pay all required fees under the VA regulations up to $ 2 $0.00 ($250.00 if left blank) toward Buyer's loan and 13 closing costs. In the event a lender, as a result of the VA appraisal, requires repairs to items not covered by Seller's warranty in 14 Paragraph 8 of the Contract or Paragraph H of the Comprehensive Addendum (if applicable), Seller will make required repairs up to a 15* maximum cost to Seller of $_3 00.08 ($500.00 if left blank). Required repairs to warranted items are subject to the Repair 16 Limit defined in the Contract. If the cost of repairs to warranted or unwarranted items exceeds the respective repair limit, Seller will, 17 within 3 days from receipt of notice of the excess cost, deliver to Buyer written notice of Seller's intent to pay the excess cost or cancel 18 the Contract. 19* ( d¢ )-¢ re ) G.New Mortgage Rates: Buyerwill not be obligated to complete the purchase unless Buyer 20*is able to obtain the financing at a fixed interest rate not exceeding % or a variable/adjustable interest rate not 21* exceeding “___% at origination, with no more than discount points charged. Buyer [_] will [7] will not accept a 22 balloon mortgage. 23° Buyer CH y Ww VA ) and Seller (68, )¢ NEES i +) acknowledge receipt of a copy:of this page. 24* FARA-9 4/07 ©2007 Florida Assotiation of REALTORS® All Rights Reserved Page of Addendum No. . . -Form generated by: TrueForms™ § www.TrueForms.com 800-499-9612 RATIVE COMPLAINT. i f t U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN SETTLEMENT STATEMENT — Guaranty Trust & Title, Inc. [feta 2 [Jemnaa. Ex} conv onans 1915 Hollywood Blvd. Hollywood, Florida 33020. + Lv 5 FJcow ms 954-920-0766 fax 954-920-0729 * 6 File Nomber 2. Loan Number 280009 1084888 1 Mortage inv Care NOTE: This form is furnished to give you a statement of actual setlement costs, Amounts paid to and by the setilement agent are shown Wama marked (poc) were paid outside the closing. They are shown here for informational purposes and are not included m the totals Carlos Garcia and Aida Cediel Garcia, husband and wife D. Borrower: 14081 SW 166th Street Miami, Florida 33177. ‘ Wiltamar Mendes and. ‘Alessandra S. Mendes, husband and wife . E. Seller: P.O. BOX 770790 Miami, FL. 33177 Baxter Credit Union i 340 North Milwaukee Avenue Vemon Hills, IMinois 60061 i F. Lender: . 14081 SW 166th Street G. Property: Miami-Dade County, Florida Miami, Miami-Dade County, Florida 33177 H. Settlement Agent: Place of Settlement: Guaranty Trust & Title, Inc. 1915 Hollywood Blvd., Hollywood, Florida 33020 Broward County T.Setilement Date: February 11, 2008 I Summary of Borrower's Transaction K. Surtmary of Seller's Transaction 100, Gross Amount Due From Borrower: i 400, Gross Amount Due To Seller: TOL Contract Sales Price 330,000.00 401. Contract Sales Price 730,000.00 102. Personal Property 402. Personal Property _ 103. Settlement Charges to Borrower (line 1400) 10,444.81 | 403. 104. Payoff First Mortgage Loan # 404, 105. Payoff Second Mortgage Loan # 105. 7 ‘Adjustments for Items Paid by Seller in Advance: ‘Adjustments for [ems Paid by Seller in Advance: 10, ai. 120._ Gross Amount Due from Borrower: 340,444.81 | 420. Gross Amount Due to Seller: 336,000.00_ 200. Amounts Paid by or in Behalf of Borrower: ; 300, Reductions in Amount Due to Seller! 7 201. Deposit / Earnest Money 3,000.00 S01. Excess Deposit (see instructions) 202. Principal Amount of New Loan 345,50.00| 302. Selement Charges o Sele (Line 00) 19,393.00 303. Existing Loan(s} ~ | 503. Existing Loans) : : Payoff of First Mortgage Loan ¥ 0059307680 204. Zip Realty Closing cost credit 1,980.00] 504, Payor of First Morea 88,486.63 Payotf of Second Mongage Loan # 205 i 505. 6821808862799 to Bank of America 235,101.39 206, 306, Purchase Money Morigage to ‘Adjustments for Items Unpaid by Seller: ‘Adjustments for Items Unpaid by Seller: Zi0. City / Town Taxes 310. City / Town Taxes aun, Couniy/ Parish Tas fe, 208 Feb 16, 1 aanas| 331, Sou Parish Tots T 2006 Was FT, a 212, Assessments 312,_ Assessments ~ 213. Maintenance fee 513. Maintenance fee 24 314. —— 7 fons in Amount 220. Total Paid by / for Borrower: 320,767.43 | 520, , total Reductions in Amount Due 300. Cash at Settlement from /to Borrowers 600. Cash at Settlement to7 from Seller: 301. Gross Amount due from Borrower (line 126) 40,444.81] 601. Gross Amount due to Seller (line 420) 330,000.00 302. Less Amount Paid by/for Borrower (line 220) 320,767.43 | 602. Less Reductions Amount due Seller (line 520) 343,468.45" 303. Cash From Borrower: $19,677.38 | 603. Cash From Seller: $13,468.45 RESPA handbook 305 2 Seitlement Date February 11,2008 Loan Number’ 1984888 File Number: 280009 L. Settlement Charges 700. Total Sales / Broker's Commission: Paid from Paid from Based on Price $330,000.00 @ 5.00% = $16,500.00 Borrower's Seller's Division of Commission as follows Funds Funds 701 8,250 00 to Tenzer Realty & Associates at at 702._ 8,250.00 to Zip Realty 7 Settlement Settlement 703. Commission Paid at Settlement 16,500.00 704. Transaction Fee to Tenzer Realty & Associates 395.00 705. Transacfion Fee : —800._Items Payable in Connection with Loan: 801, Loan Origination Fee _ 802. Loan Discount 803. “Appraisal Fee 804. Credit : 805. Lender's Inspection Fee 1 806. Mortgage Insurance Application Fee : 807. Assumption Fee i 808. Application fee to Baxter Credit Union ! 300.00 .__809. Admin fee to Baxter Credit Union 500.00 | 900. Items Required by Lender to be Paid in Advance: 901. Interest from Feb 11, 2008 fo Mar 1, 2008 @ 50.0700 7 day 951.33 [ 902. Mortgage Insurance Premium : 903._ Hazard insurance Premium to Community Insurance 1,638.00 504. Flood Insurance Premium to Community insurance 376.00 1000. Reserves Deposited with Lender: 1001. “Hazard Insurance 3 months @ 136.30 per month 409.50 1002._ Mortgage Insurance _ 1003. City Property Taxes 1004. “County Property Taxes 6 months @ 222,73 per month 1,336.38 1005.“ Annual Assessments 1006. Flood insurance 3 months @ 3133 per month 93.99 1099. Aggregate Accounting Adjustment ~668.14 1100. Title Charges: a NOT. “Closing Services to Guaranty Trust & Title, Inc. 739.50 1102. “Abstract or Title Search to Guaranty Trust & Title, Inc. 300.00 1103, Title Examination poc by GTT to Guaranty Trust & Tile, Ine. (poc $195.00) 1i04._ Title Commitnent Fee_poc by GIT to Guaranty Trust & Title, Inc. (poc $69 50) 1105. Document Preparation poe by GTT to Guaranty Trust & Title, Inc (poe $100.00) 1106. “Notary Fees 1107, Attorney Fees poc by GTT (pac $150.00) : : (includes above item numbers: i a Title Insurance to Guaranty Trust & Title, Inc, 108. (includes above item numbers: 1925.00 1109. Lender's Coverage 313,500.00 Risk Premium. 25.00 1110. Owner's Coverage 530,000.00 Risk Premium. 1,725.00 L111. Recertification Fee_poc by GTT to Guaranty Trust & Tide, Ine. (poe $150.00) 1112.” Endorsement FL Form 9 (175) to Guaranty Trust & Tifle, Inc. 192.50 | 1113. Endorsement 8.1(25) to Guaranty Trust & Title, inc 35.00 1200. Government Recording and Transfer Charges: 1201. Recording Fees: Deed 10.00 Mortgage 146.00 Releases 6.00 136.00, 1202. City/County TavStamps: Deed 0.00 Mortgage 0.00 1203. State Tax/Stamps: Deed 1,980.00 Mortgage 3,097.25 1,097.25 1,580.00 1204. “Intangible Tax to Clerk of the Circuit Court : 627.00 1205. Record CMA to Clerk of the Circuit Court 10.00 1206. Record Non-id affidavits to Clerk of the Circuit Court 10.00 20.00 1207. Record assignment to Clerk of the Circuit Court 27.00 1300. Additional Settlement Charges: 1301. Survey inv# 18691 survey job # 0801-058 fo Global Dimensions, Ine 450.00 1302. Pest Inspection to Florida State Tent less Termites (poc $145.00 by Seller) 1303. Courthouse/Courier Run to Guaranty Trust & Title, inc. 42.50 1304.” Airbourne/Overnight to Guaranty Trust & Title, Inc. 30.00 40.00 4305. Municipal Lien Search inv# 08-0230 to Lightning Lien Letters, Inc. 148.00 1306." Storage/Copy/Fax Fee to Guaranty Trust & Title, Inc. 16.00 1307. Overnight Insurance Delivery to Guaranty Trust & Titte, Inc. 15.00 1308, Condo/HOA Estoppel Reimbursement 1 1309. Independent Closing agent : 175-00 1310._2007 ‘Taxes pd 11/30/2007 to Miami-Dade Conaty Tax Collector (poe $2,565.86 by Seller) 1311.30 day water escrow to Water escrow 300.00 1400. Total Settlement Charges (Enter on line 103, Section J and line S02, Section K) $10,444.81 519,593.00 OMB No. 2502-0265 RESPA hanrhnnk 4205 7 Settlement Date:February 11,2008 Loan Number: 1084888 File Number: 280009 A U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT . SETTLEMENT STATEMENT Guaranty Trust & Title, Inc. 1915 Hollywood Blvd. Hollywood, Florida 33020, . . 954-920-0766 fax: 954-920-0729 Thave carefully reviewed the HUD-} Settlement Statement and to the Best af my knowl ledge and belief, iis a true and accurate statesnent of al receipts and disbursements made on my account ot in this transaction. 1 further certify that I have received a copy of HUD-1 Settlement Statement fi Borrower: — : : seller \ OS SIS en Carlos Garla ar Wiltamar Mendes OD ee “ Borrower: (ee 2 Seller: Aida Cediel Garcia Alfstandra S. Mendes is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this Settlement Ageht: |Z : ; Date: February 11, 2008 . File No.: 280009 WARNING: Useeameto Ow] make faise statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. HUD-1 March 2005 ' February 11, 2008 3:58 PM ADMINISTRATIVE COMPLAINT. EXHIBIT #2 __ PAOE y Cr

Docket for Case No: 09-005220PL