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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs BROOKS AARON MORGAN, 10-009436PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-009436PL Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: BROOKS AARON MORGAN
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Oct. 04, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 2, 2010.

Latest Update: Dec. 24, 2024
EY &. STATE OF FLORIDA bp ef) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ~ &_ “e FLORIDA DEPARTMENT OF BUSINESS 40M, (2 AND PROFESSIONAL REGULATION, Hsis# og. 90 DIVISION OF REAL ESTATE, 10-943U0PL Vie Liy « “ Petitioner, v. DBPR Case No. 2008021121 BROOKS AARON MORGAN, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Florida Real Estate Commission against Brooks Aaron Morgan, (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of real estate pursuant to Section 20.165, Florida Statutes, and Chapters 120, 455, and 475, of the Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed as a real estate sales associate in the State of Florida, having been issued license numbers 3141315. 3. Respondent’s address of record is 4504 Grady Avenue, Tampa, Florida 33611. G: \LEGAL\ ProbableCAUSE2010\May2010\Morgan 475.25(1) (b) AC.doc FDBPR v. Brooks Aaron Morgan. Case No. 200802112137495 Administrative Complaint 4. Respondent was a real estate sales associate, registered with Phil Desautels P. A., a licensed real estate corporation, from December 13, 2005, to December 19, 1007. 5. On or about November 15, 2007, Respondent, on behalf of Robert Schneider, (“Buyer”), negotiated a sales and purchase contract with Helen Shepard (“Seller”), for a property known as 856 South Street, Safe Harbor, Florida (“Subject Property”) for $765,900.00. 6. Respondent represented, in the sales and purchase contract for the Subject Property, being a sales associate employed with Dream Properties. 7. Respondent represented, in the sales and purchase contract for the Subject Property, receiving, on or about November 17, 2007, a $10,000.00 deposit, for the Subject Property. 8. On or about November 18, 2007, in reliance on Subject’s representation in the sales and purchase contract, the Seller accepted the Buyer’s offer to purchase the Subject Property. 9. A copy of the sales and purchase contract is attached and incorporated as Administrative Complaint Exhibit 1. 10. Respondent concealed from the Seller that the Buyer failed to make a $10,000.00 deposit for the purchase of the Subject Property. 11. Respondent concealed from the Seller, that Respondent was employed as a sales associate with Phil Desautels P. A., a licensed real estate corporation G:\LEGAL\ ProbableCAUSE2010\May2010\Morgan 475.25(1) (b) AC.doc 2 FDBPR v. Brooks Aaron Morgan. Case No. 200802112137495 Administrative Complaint 12. Respondent misrepresented to Seller that Respondent was employed with Dream Properties. 13. Respondent failed to include the name of the Escrow Agent holding the Buyer’s $10,000.00 deposit. 14. Respondent failed to include the address of the Escrow Agent holding the Buyer’s $10,000.00 deposit. Count One 15. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through fourteen (14) as if fully set forth herein. 16. Section 475.25(1) (e), Florida Statutes, subjects a licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. 17. Section 475.25(1) (b), Florida Statutes (2006), subjects a real estate licensee to discipline for committing fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealings by trick, scheme or devise, culpable negligence, or breach of trust in any business transaction. 18. As set forth above, Respondent violated Section 475.25(1) (b), Florida Statutes, in ome or more of the following ways: a. By misrepresenting in the sales and purchase contract for the Subject Property, receipt on or about November G: \LEGAL\ ProbableCAUSE2010\May2010\Morgan 475.25(1) (b) AC.doc 3 FDBPR v. Brooks Aaron Morgan. Case No. 200802112137495 Administrative Complaint 17, 2007, of a $10,000.00. b. By concealing from the Seller that the Buyer failed to make a $10,000.00 deposit for the purchase of the Subject Property. c. By concealing from Seller that the Respondent was employed as a sales associate with Phil Desautels P. A., a licensed real estate corporation. d. By misrepresenting to the Seller that the Respondent was employed with Dream Properties. e. By concealing from the Seller the name of the Escrow Agent holding the Buyer’s $10,000.00 deposit. £. By concealing from the Seller the address of the Escrow Agent holding the Buyer’s $10,000.00 deposit. 19. Based on the foregoing, Respondent violated Section 475.25(1) (b), Florida Statutes, when he misrepresented his employment to the Seller; when he concealed receiving a $10,000.00 deposit for the Subject Property; and when he concealed the name and address of the Escrow Agent in the sale and purchase contract. Count Two 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through fourteen (14) as if fully set forth herein. G: \LEGAL\ ProbableCAUSE2010\May2010\Morgan 475.25(1) (b) AC.doc 4 FDBPR v. Brooks Aaron Morgan. Case No. 200802112137495 Administrative Complaint 21. Section 475.25(1)(e), Florida Statutes, subjects a licensee to discipline for violating any of the provisions of Chapter 475 or any lawful order or rule made or issued under the provisions of Chapters 455 or 475. 22. Rule 6132-14.008(2) (b), Florida Administrative Code (2006), states: “When escrow funds are placed with a title company or an attorney, the licensee shall indicate on the sales contract the name and address of said entity. The licensee shall obtain and retain written verification of said deposit upon delivery of the funds to the title company or attorney.” 23. As set forth above, Respondent violated Rule 61J2- 14.008, Florida Administrative Code, in one or more of the following ways: a. By failing in the sales and purchase contract for the Subject Property, to indicate the name and address of the title company or attorney holding the Buyer’s $10,000.00 deposit. b. By failing to obtain and retain written confirmation from the title company or attorney upon deliver of the Buyer’s funds for the purchase of the Subject Property. 24. Based on the foregoing, Respondent violated Section 475.25(1)(e), Florida Statutes, by violating Rule 6132- 14.008(2) (b), Florida Administrative Code, when he failed to indicate the name and address of the Title company or attorney holding the Buyer’s $10,000.00 deposit in the sales and purchase contract for Subject Property or when he failed to obtain and G: \LEGAL\ ProbableCAUSE2010\May2010\Morgan 475.25(1) (b) AC.doc 5 FDBPR v. Brooks Aaron Morgan. Case No. 200802112137495 Administrative Complaint retain written confirmation from the Title Company or attorney upon deliver of the Buyer’s funds for the purchase of the Subject Property. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent(s) license(s), restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent(s) on probation, corrective action, assessment of costs related to the investigation and prosecution of the case, and any other relief that the Commission deems appropriate. SIGNED this $° day of Suhty , 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation 2—-—. Robert Minarcin Assistant General Counsel Florida Bar No. 0163147 Department of Business and Professional Regulation Division of Real Estate 400 W. Robinson Street, N801 Orlando, FL 32801-1757 (407) 481-5632 - Telephone (407) 317-7260 -~ Facsimile PCP Date: 7/19/2010 PCP MEMBERS: MG/CB G:\LEGAL\ ProbableCAUSE2010\May2010\Morgan 475.25(1) (b) AC.doc 6 FDBPR v. Brooks Aaron Morgan. Case No. 200802112137495 Administrative Complaint NOTICE TO RESPONDENT (S) 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. G: \LEGAL\ ProbableCAUSE2010\May2010\Morgan 475.25(1) (b) AcC.doc 7 i wv 0 uw 4a ar "a Ww . —— 2 KEMAA IUP NUICH ASSOC oo SP TAs STK ous fiinaA UP NOTH ASSUG Mona 1. SALE AND PURCHASE: md : Seller Geren to sell and buy an tha terms and conditions specifed below the property descrinad, a3; Attkons: ___9$6 gouth Sth street . : : : naeenn PEBSDAB ne egnt Description: gouth Green. Springs Replat Blk 26 Lo oe we, a acne wees —_ . fetes ceretnveneeneniee ID No: ___932936aeasaargogso togothar with all wasting improvernenis: and aBnched toms, incuciag tixtimns, halt in furrighings, major applances (inching but nat lintied to rangela), vator(e), cisnwaher(s}, washer{a), and skyer(s), __. i} osiing fang ft feft blank, oll coling far), $ght fixtures, atlached wal-to-wat Capating, toda, cropories and other wiidow (eatrrents as af Effective Date, The ‘onty other Homs inchided in tha purchase sre: _. - . 1 \-Tho following gltachod toma aw ox from the purchase: ALL furnd cur a8 8 ee Ep Caer eae Rate a @ isan pad my oer ns Sto Sas aL ae | | property fared in his Contract 8 nduded In Pagchasn price, Coy asa bot lt for Sater’ convenience, pe Vora aroge) id * "AND FINANCING ‘2. PURCHASE PRICE: $___semersarmyg nayabls by Buyer in U.S. currency ag follows: nm (as 42.099.90 Deposit mmcelved (checks are subject to clearance) on__Neverber 7th, _2007_ by a — a ~ or delivery te — {Tacrow Agont) Fs eaavercutuumetety oan : nn) kee — . a oo 1 OT srw Citys: frail Effective Date. (10 daya if lett blank) | : a ACS 100 3“ rng (seo Peragraph 3 botow (express 23 a iofer amount ar percontaga} } - . ( . x Peeuinavenatedenatams me 388 5 H ; ©) 3... ang ncetentiinn gbalunce to cidso (not including Buyer's dosing cosis, prepaid ile and prvrations}, Al funds paid a 557 yY CO (a eoediane be paid by localy drawn cashiers check, official hank check, or wind hinds. 4, FINANCING: Cack as fa) Buyer vil say cash ine Pn Propedty wah nn financing earingoncy, it 10 (6) Buyer wit apply for few OQ cotventionn G FHA Q VA finencing specified in paragraph 2() ef the prevailing interest mite nnd ar foan costs based on Buyer's creditworthiness (ho ‘Tinuncing") witht, Vays trom Effective Date (5 days i Jott blank} and 34 provide Sailer with eltler a waiter Rosacing commitment or approval latter (‘Convribnent’) or written nollen thal Buyor is unable to se ablain a Cammiment within... oys fram Elfactiva Date tthe earlier of 30 aye ster tha Effective Gato or & days prior fo Closing OG Dale dt inl blaak) (Commitment Portoct}. Buyer wit kang Salter utd Evokes {oly infortivd ubout loan appication status, Pgs oF and Commitment issues and euthorizes tho Monigage brokyy and fendor lo Usckse ull vant keerniitinn to Sellor and Broker. , Saftey using otigenoe and good faith, Buyer is unaiie to provide the Comritriont and providon Selter with writen notice that Buyer is a2 tinable to obtain a Commitment within tha Commitment Pullod, ether Party may cancel Ihis Contact and Buysr’s dupcail wil be ag mturiod, Buyer's fullueo to provide Softer with written tote that Buyer is unable to nbtnin a Commitment within the Congnitment a Porlau! wil resull in forfotturo of Buyer's depositts), Once Buyer provides the Commimaert to Seller, the tnancing cai 's ag SpRvaEaN alae te © fan tha Sepa tha raneacton dose nok io by thy Chak Caly ules} bo reey 42 appraisen bolow the purchave price and wither tha pares cannot agroo on a new purchase price or Buyer alects net fo pmnenad, a “ ol Pas ao cata concn of hq Comment have not boon mat (acopkwhon such cendlions a sete ie aingr ence: 6 ol this Contrac), ar (3) another provinion of thia Contract provides for cancelstion, a CLOSING 4” 4, CLOSING DATE; OCCUPANCY: Unless tha Closing Date it Upodificaly estenciedt by tha Buyer ang Saler or by any other provision in 80 Its Contmacr, tho Closing Data shall pravat over al other tnx: porns nchuring, hit not fenited to, inepeutia and fnawhy periony. This “r Contos willbe Gosedon_ Dec. 14 = 2907, (Cloting Cute’) af the time established by tne Cosing agent, by which line Seller 80 wal (u} hava removed a personal toma 3 trash from the Properly and ewept the Proporty clan and (e) dulver thw uke, oop tsy 51 and possession, along with ull lays, garago door opener sn doumss cutee, to Buyer, Ion Closing Date insurance undervmitiay is 82 sunpenced, Guyer may panioano canny tp to S days after the heurunce surpensin i Hted, if (is wansaction does net close for any i) od resto, VAD ity rexSately return a Solor-provided thle evUence, gurveyn, usisockten documents and other hems, Buyer }LJ and SowevE). 5, |) acknowl foccipt of s Cony of this page, which is Page 1 at U Pages. TAR. “400 snag 7 pnd Sol ocala istd Pereira ind Thla anfrvare is licensed to Brooks Morgan - RE/MAX Tep torch Auscuiaten] wow, eransaccinndask, con. gee ADMINISTRATIVE COMPLAINT EXHIBIT # +tOSSeb+sst PAGE | oHas eet tsk aon / _ a. PAGE # - 80 foo3 RomaAa LUP NUIUH ASSUC HWTGE CAX at ayssenot REMAX ‘TOP NNYCH Agsat Boos % bor cto rane ae eS sha ne ch crn we te opty day beet y a or ayers ena enor ras Buy seas aing teva fot thr Gee ee a Fagen 18 ace SU at esha ts ne nb proces to Sellar bekorage lees ee ee "Paragraph 19. (n addition to other nxpenses provicod Ia this Contrct, Seller and Buyer wil oay the costa indicated below. S888 kee aces BRtR#E tr Ga} Softer Costs: Takes anv surtaes on the docd Geenvting fees for docurrents needed ta cure te . her — SN A eee oS NE ET a nl es a a st A Ae NE cE nes . Selorwd payupto $6.90 a 78 (563 bf bac) ofthe purchano prion for epaka 10 warraod lems Capa iM (135% het Dlarkd of Ina purchase price for wood-tastreying arganian irectment ond reps WOO Ropar Umit" od un to $0.00. or ———~ ——_% (1.59% Heat bank) ol the purchose price for costa Ge) Buyer Gone? 2 oom pets sc tiny ded pr rs paTIted ag irene teas Unk’), Buyer Costs: fawas anid fecarding fens on noten anc Mortgages Flacording fees on tha deed and financing statemanis Lown expensos Lander's title puiky Inspnciions Survoy ont insurance, homeowner Tnstrunce, hazurd insursnen {c) Title Evidence and Insuranco: Chock {t) or (2): {1) Tho tale evicenca wit be o Paragaiph 10e\'t) owners tle ineurance commitment, B Sater wit select the thlo agent avaiable exemptions, tha County Pronery Appraiser is unable or uniting To pertorm an informal ougeasmiont pdor to Cloging Date, Buyor and Soller wit split tho cost of a private appraiser to parton avy agsensmant prior to Gosing Date. Nothing tn thie {c) Spociad Assassmant by Public Body: Rogaming special ausessments linposed by @ pubke bady, Seer wit saty (he tail amount Of ligns that are carts, confirmed and nstifed betora Uosing and (i) the amount of the last extimaty of the assessment an improvement ig fubstantlaty compinrag 88 of Effective Ole but has nat resulted in alien beinre cosing, and Buyer wil ney all othor amounis, f speciat Bsseasmunts may bo paid in Ingtalvonts i) Buyer 9 Seller @f laf biank, Bayo} shal pay inulatinentn cao atter clocing, it Sellers chackev Saller ‘wil pay tha assensinent in full pricr to or at the dme of closing, Publ Badly doen not intiude: a Homeowner Aséuciation or Condominium Assoosntlon, { Tax Withholding: Buyer and Sailer wit comply with tho Foreign dnvastnant bh Rosi Property lex Act, which Moy roquin Soller to provide additional cash ar Glosing if Sellar is a “uraign parson” an defined by fedaral haw, (9) Home Warranty: Buyer U Setar hva wil Ray for a hone warranty plan issued by ieee, aS Cost not fo exceed §, A Wwatranty plan provides for repitir or replacement of Thady ol a home menhanical Ayetomn and major bultt-in Appliances in the ovent of breakdown duu i¢ format wane ond toar ising the euroamont aevlad, PROPERTY CONDINON wr il nen ree tere line ute ¢ n Pe 5 tae ne (YE CHET Of 10 days alter tho Fftagtive Date or § ays prior to Closing Cute if aft btanig for tho woad-deruoying Onjanizny inspection by Minspaction ~ {at least & days prige to closing, if tent Ne kink): and tho walk-ttraugh Inspection an tea any betore Claqing Dain uF ‘ary othar lime ayrenabin ta the parting: and tho 107" survey tcloroneod in Paragenjin 40) -. a efit feast § days prior (6 closing It left blank}, med at wo fuyor £Y) —_) and Sattor SAR ant” ORT itt Acknowledge rccul ft 01a Sony of this pus; 1G, Which ts Pagn 2 uf 8 Magnes, bs. Sara fect a This poftware is liceneed to IRrooke Morgan - Ae/wax Top Notah Associates} wow Crmnnantiondesks com. ‘petals HGS BOB ITT £0 ST pon MHIBIT #9 SABE # ral ¥TOBS8¥¥SE! wee ee aver aueue ena oLu0074oUL KEMAA ‘UP NOTCH ASSOC oo4 4174572007 09:53 GAR A148G54601 _ REMAX ‘TOP NOTCH ASSOC @Baae 1x 7, REAL PROPERTY OISCLOSURES: Soller represents that Sallor does nat know of any facts that runterkuly allect the value 414 of tha Proporty, including but rot limited to violations cf governmental Laws, ules and regulations, other thon Ihoso thal Buyer wy can recelily observe ar that are knawn by or havea heen disclencd to Buyor, ; Os (a) Energy Efficlaney: Buyer acknowledges recelot of tho cnorgy aafficiancy intonation brochure required by Gartinn 553.996, ty Hora Sintutes, ai {b) Raton Gas: Radon ig a naturally occuring mdisactive gas that, when it hos acrumiintod In a taalding in sufficient lh quuntiliés, may pregent heulth risks to pemons whe are exposed fo jt over timo. Lovals of radon that ixcucd federal and 122 state guidelings have ben found in buildings in Hovis. Additional Information regarding rion and racion tauilny may be 121 gbtalngd from your county puble health unit, Buyer may, vailltit Ihe Inspoction Period, have on appropednialy icerwed person 432 test tho Property for radon, if the redon level exceeds acceptable EPA standards, Satter may choost lo ‘chico tha mean 11 evel fo an acceptable EPA level, tailing which alther party may cancol this Contract, | ; 124 {) Flaad Zone: Buyer is advicnd (6 vorily by survey, with the lender and wih appropriate government agencies which flood I it zone the Propelty is in, whethor flood insuranes ks myured and what resinctions apply to mproviig the Property and rebuilding wi Inthe event of casualty. ¢ tha Property is ln a Special Fined Hazard Area or Coastal High Hazard Area and the buldings ale uit #7 —_Lulew the minimum food elevallon, Buyer may cancel the Contact by dolvering wrillen notice to Seller within 20 days fran tat Efferstive Dato, faling which Buyer accopts tha exsiing elevation of ino nuluingy and zine designation of the Property, 1 (d) Homeowners! Association: ft membershio in a homeownora’ nasnoiation i mandatory, an assutiation disctoaura 40 gururtary Is nttachor and In¢orperated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL 131 BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. * 14% — (@} PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THC SELLER'S CURRENT PROPERTY tm TAXES AS THE AMOUNT OF PROPERTY JAXES THAT BUYER MAY RF OBLICATED TO PAY IN THE YEAR SUBSFOUENT m4 TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THt. tw PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING ty VALUATION, CONTACT THE COUNTY PROPERTY APPRAISERS OFFICE. FOH HUHi HEH INFORMATION. tut (f) Mold: Medd is part of the nntural environment thal, whan accumuated [4 sufficient quantiting, may proncnt houlth #sies (0 suscoplioio persons. Far more infrrmation, conlacl the cuunty Inuigar air Qually specialist or other appropiate protossionsal | 149 (9) Coastal Construction Contre! Line: if any part of the Proprvty tics seaward of tho consial construction contral ting as. i 44h dafrwod in Section 181.083 of the Florida Sterutas, Seer shall provide Buyer wilh an aifidavit or survey ua required by law 441 dewwaling the line's focation on the Property, unlass Buyer waives this requiament in wating, The Property being purchased way bo aublect te ceantal emsion and (a federal, state, or local raqulatians that govern coastal property, Incidiy delineation at tho coastal construction control ling, rigkd coastal pratection slructures, beach nourishment. and the grotection at maring 44 tunis, Additional lormalion can be obtained from tho Marida Odpartmart of Environmental Protection, incluring whather 74s there are significant erosion conditions associated with the shoreling of the Property being purchased. adi Buyer waives the right to receiva a CCCL affidavit oy survay. . 47 8, MAINTENANCE, INSPECTIONS AND REPAIR: Seller wil Keep the Properly in the same condilion fom Etfeative Date undl tau cloning, execpl for ionnal weur and tear (Maintenonea Requirement’) and repairs required by this Contract. Sailor wit provide tad pcre and utittios for Buyers ionpnetions. Buyor wil rapoir af damnayes to the Property recuting trom the inspectionn, ‘1841 rolum the Property ta its pra-Inspection condition and provide Seller with paid raceints for’ all work clone on Property upon its tot complotion. If Seller is unable ta complete required repairs or treatments or mont thn Maintonance Requirament prior to } ia closing, Seller wil give Buyer a creat at coring for ihe cout ot thy repairs and maintenance Soler was obigated to porto. AL i ‘2 cloning, Seller will assign all assignabie mnait and treatment contracts lo Buyer and provide Buyer with paid recolpls for all { ts work done on the Property pursuant to the lorms of this Contract. At clouing, Safer will provide Buyer with any written thd documentation that alt open puxiiits have been closed aul and that Seller has ubluined requinss permits tar improvenents to Ww Ihe Property, is (a) Warranty, Inspections and Repain . . . sug {1} Warranty: Soller warnots thal fan loner major appliances and heating, cooling, meohanical, electrical, Gocunly, twa hprinklge, cepts and plumbing systams, conwall, duck and pual equipment, if any, are and will be maintained in working eu fangition unt! closing: that the structures (including roofs, daors aad windows} and pool, If any, avo structurally sound wo and watertight: and thot tom or missing screens and mining mot ties wit ho mpaied of ropluced. Seller warrants that “0 all open permits wil ba closed oul and that Seller wil obtain any raguirad parmits for improvements to the Property Ws prior tu CI Date, Saller does not warrant end is nor required to rapa cosmatis condiliona, unioss the cnametic Ww condition rasuked tram a defect it x warranted Item. Seller 1s nor obligated to bring any item into compliance.with ea existing building code requistions unless necessary t6 repair a warranted itam. “Working conditan” manna derating in 18 the manner in which the item was dosiqned to operate and ‘cosmetic conuitions” means aesthetic imperfoctions thut 07 co not affect the working conuition of the item, including pitted marcito; tonto, worn spots and céscokoralion of floor 1a. coveringa/walupereAvindow treatments; nail holes, scratches, dents, scrapes, chips andi caulking in bathraom Oe ceiling/wols/finoringAilo/txtiteg/enirrors; cracked roof tiles; oucing of worn shingles; and «inor cracks in Hor wo tiles Windowa/drivoways/aidawalke/pool decks/qaraqo and patin fons, a w (2) Professional Inspection: Dyer n may, at Buyer’ expense, have warranted Keme inspected by a persun who We tpectalizas in and hokis an occupntinnal liennse (i requited by kev) lo conduol nome inspections or who holds a orkda a Iconse to mpair and maintain the fama inspected (profesional Hepector’). Buyor mst, willin 8 days from the ond of tha ss VW Parlod, dolver ae of any items that are nat in the condition warranted ond & capy of tho norion af Ht 18 Buyot } and Sailor t ) acknowledgo recalpt of a copy of this page, wien Is Hage 3 ot B Pagns, SAND 407) 2007 Florin Aca Fcmscr AN Rights Sanurvod ‘Thia software (4 Jicensed to (Brocks Morgan - NK/BAA Top Motch Associates) www. Creneactiondeak. con, ADMINISTRATIVE COMPLAN MMIBIT i . ard vICBSerysEt EAHIBIT 3 tT 20 ST AON, coe wenn HBIT H__‘0 PAGE € gx Yo avews van VLU E TUL the maintenance requirement. Into the condi that are not in the co! inspector's written report dealing with Seller's warranty and accepts the items (3) Repair: Seller will obtain repair estimates an ion warranted, up to the Repalr Limit. numaa TUF NULGH ASSUC such Kems to Seller. listed in subparagrap! d |g obligated only if Buyer falls to deliver timely h (a) in their “as Is” conditions, to make repairs Seller may, within 6 days from receipt of Buyer's notics of Items ndition warranted, nave a second inspection made by a professional Inspector and will report moos written notice, Buyer waives except that Seller must meat necessary to bring warranted items 182 repair estimates to Buyer: if the first and second inspection reports differ and the parties cannot resoive the differences, 183 Buyer and Seller together will choose, and equally spiit the cost of, 4 third Inspector, whose written report will be ya4 binding on the parties. If the cost to repair warranted items equals cr is less than the Repair Limit, Seiler will have the 165 repairs made in a workmanilke manner by an appropriately licensed person. if the cost to repair warranted Items 186 exaeeds the Repair Limit, either party may cancel this Contract unless elther party pays the excess oF Buyer 187 designates which repairs to make at a total cost fo Seller not exceeding the Repair Limit and accepts the balance of 188 the Property in its “as is” condition. 149 (4) Permits: Seller shall close out any open permits and remedy any violation of any governmental entity, including 190 but not limited to, obtaining any required permits for improvements to the Property, up to the Permit Limit, and with final 191 inspections completed no later than 5 days prior to Closing Date. If final inspections cannot be performed due to delays 192 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final inspectians, failing 193 which, elther party rnay cancel this Contract and Buyer's deposit shall be refunded. lf the cost to close out open 194 permits or to ramedy any violation of any governmental entity exceeds the Permit Limit, either party may cancel the 195 Contract unless either party pays the excess or Buyer accepts the Property In its “as 1s" condition and Seller credits 198 Buyer at closing the amount of the Permit Limit. te7 (0) Wood-Destroying Organisms: "WWood-cestroying organism” means arthropod or plant life, including termites, pawder-post tes beetles, oldhouse borers and wood-decaying fungi, that damages or Infests seasoned wood in a structure, fences. 19a: Buyer may, at Buyer’s expense, have the Property Inspected by a Florida-licansed pest control business to determine the 200 existence of past or present wood: Ang infestation and damage caused by infestation. if the inspector finds 201 evidence of infestation or darnage, Buyer will deliver a copy of the Inspector's waitten report to Seller within & days from the date 202 of the Inspection. ‘f Seiler previously treated the Property for the type of ‘wood-destroying organisms found, Seller does not have 203 to treat the Property again if @) there is no visible Ilve Infestation, and (i) Seller transfers to Buyer at closing a current full treatment 204 warranty far the type of wood-cestroying organisms found, Otherwise, Seller will have 5 days from receipt of the inspectors 206 report to have reported damage estimated by a licensed building or general contractor and corrective treatment estimated by & 208 —-icensed pest control business. Seller wil have treatments and repairs made by an approprately ficensed person et Seller's 207 apenee Up fo the WOO Rapa Limi. Ifthe cost to reat and repair the Property excess Repair Limit, elther tray 208 ETS ele pty rey cancel ie Caveat y writen race othe fh: Buyer ibe ney Soar 209 Inspector's written report, Buyer accepts the Property “as is" with regard to wood-dastroying organism Infestation and darnags, 219 subject to the maintenance nt. ati (c) Walk-through inspection/Reinspection: Buyer, and/or Buyer's representative, may walk through the Property solely > to verify that Seller has made repalrs required by this Contract, has met the Maintenance Requirement and has met tra contractual obligations. If Buyer, and/or Buyer's representative, fails to conduct this inspection, Seller’s repair obligations 214 and Maintenance Requirement will be deemed fulfilled. 9. RISK OF LOSS: If any portl Closing Date or within 45 days after will, at Seller's expense, the parties will close the trat and Buyer’s deposit shall be refunded, or assign the insurance proceeds, (a) Title Evidence: Title evid current tile standards adopted by the use of the Property: oil, gas and encumbrances choice of one of the following (specify in Paragraph &{e) the 2) An existing abstract of title from 2a7* Buyer ( ) and Seller FAR-@ "4707 ©2007 Florida Sellar will not be obligated to replace trees. ff any, to Guyer at closing In such expended In restoring the Property to the same condition as guardian deed as appropriate to Seller's status. covenants, easernents mineral rights of record If there is that Seller wil discharge at or before types of tife evidence, which selected type). Setter wil use opti (1) A title Insurance commitment Issued by a Florida-I subject only fo title exceptions set forth In this Contract. as correct by an an purporting to be an dc {___) acknowledge receipt of a copy of of Reactons* Ail Rights Reserved Buyer may accept the Property “as Is", and amaunts as are () it was on Effective Date. to the Property and following tile no right of entry: dosing. Seller wil, at least 2 days a reputable and existing abstract firm (ff firm | curate synopsis of ghia software is lisensed to (Brooks Morgen ~ RE/MAX Top Notch Assoalates) wir, Buyer that Seller has 2 (2) 10 days after Buyer’s receipt of Seller's notice. if the restoration cannot be completed in time, Buyer may cancel this Contract attributable to the marketable title of is not existing, lon of the Property Is damaged by fire or other casualty before closing and can be restored by the the Closing Date to substantially the same condition as restore the Property and deliver written notice to nsaction on the later of: (1) Closing Date; or it was on Effective Date, Seller, completed the restoration, Seller will credit the deductible and Property and (i) not yet personal representative or record In Seller In accordance with none of which prevent residential nt reguiations; assume; and then abstract must be tha Instruments affecting fitle to the this page, which is Page 4 of 8 Pages. transactiondask.com. is eee seme MEU EE UL . saamaA ‘1UP NUTCH ASSOC oo 1471872007 UbTSS FAX 8159954501 REHAX ‘TOP NOTCH ASSUC Geos | = Property receded in tha pubic records of the county where tho Proporty |s located and cortiliod to bHattive Date. | aay Hawnvor, if such an abstract 15 not available to Selle, thon a prior owner's tills policy acceptable fo ty pmposed vay NSUIcT Os 0 hann for relseuance of covernga, Setier will puy for copics of all péfey excaptions and an updata Mt a format wa acceptable lo Buyer's closing agent from the palley effective cath and certiled to Buyer or Guyer’s closing agent, H mt logether with copies of af documanty reached in the ptlor poicy and in the update. ta prior policy {9 not available to ies Soltor than (1) above will be the (tly wvidenca, lite evidence wil be delivered no later than 10 days belére Closing Dato, 344 {h) Title Examination: Buyer wit oxaming tho title evidence and deliver witen notice to Seller, within § days from recuipt of 248 (ille eviderice Hux no later Jan Closing Data, of any defects that make tha dile uvrasketabla, Seller wil have 20 days fram 6 facaipt of Buyer's notiog of defocis ("Curative Periou') to quro tha dafects at Seller's oxpanse, tf Seller curna tho datocis 247 wiltuin the Curative Perlod, Sciler will daliver written notes to Guyer and the parties wil close the transaction on Chosing uu Dale or within 10 days fram Buyer's rocoint of Seller's nolice ft Closing Date has pnnsnd. f Seer is unable to cure ihe 240 dgfnnis within the Curative Puriod, Seller wil dellvar writen natica to Buyor and Buyer wil, within 10 days from receipt of t tus Seller's notte, ether cancel this Contenay of accopt tille wih esisting defeats and clase ihe transaction, | a (ec) Survey; Buyer mny, at Buyer's expenso, hava tha Property surayod and dedver wiliten nofign tn Soler, within & days trom | ona recon! of survey but nu later than closing, of aty encroachments on the F/oparty, encroachments by Iho Proportyh improvements #0 an other [ands of daad ‘ostrigtion ar zoning vioistions. Any such encroachment or Volatian wil be \featod in tho sume thavinny as a | at ttl dofoct anct Buyer's and Seller's obigalions wil be deteanined In uecordanca wilh eubparigept (0) above, ae MISCELLANEOUS 20h 11, EFFECTIVE DATE; TIME; FORCE MAJEURE: ‘ 247 (a) Effective Date: The “Effectiva Dato” of this Coninict is the date on witch the fast of tho parilis initlals or signa and 288 dalivers tho final offer or cauntoratfer, Time is of the ossence for al provisions af this Contract, ! 79 (b) Time: All {ime periods wil he computed in businoss daya (a “business day" is avery calonuar day axcept Saluminy, Sunday i fend nutional legal hofdayg). Il any ccadiine falls on a Saturday, Sunckty or national lagal holiday, performance wil ba dus the j vot pat budiness day, Al (ime prriarin wit und al 6:00 p.m, local time (meaning in the county whiera tha Proporty iy ; aw lagatad) of the appropriate day, i 2M (¢} Forea Majoura: Buyer or Sellar shall not ba required to perform any obligation under thi Contract ar by Buble to : at4 anh other for dantagon fo lary as the perfarmnnes ar non-pertormanes of tho obligation ls delayed, caunad or prevented : by an act of God ar force majeure, An “act of God” or Yorce majeure" !s defined an hurricanes, eavthquaces, floods, tre, i ani unusual transportation delays, wars, insurrections and any oltier cause not Teasonably within she contot of tho Buyer or | wn? Seiler and which by the exercise af dua diigence the ron-perlomning party is unablo in whole or in pert to prevent or i wa overcome. Altima pariada, including Closing Date, will bg extended (rial to excend 30 dys} for tha period lhat tho tama | van fmajoura of acl uf God fs in place. In tha event that cuch “act of Godt” ar “leree majeure’ event continues beyond the GO 270 days itt this yub-quragmph, alther party may cance} the Contract by dellvaring written notice to the other nnd Buyer's | 21 Spesil shell be ratunded, ‘ 2/2 12, NOTICES: Al notices shal be in writing and will be dalivnred to the parties and Broker by mail, personal delvury or electronic aa teria, Leespt for the notices required by Paragraph 3 of this Contact, Buycr’s failure to detiver timely writlon notics to 274 Sclicr, whon such notice is requirad by this Contract, tagarding any contingencics will ronder that contingency: null and ws Void and the Contract will be construad as if the contingency did not exist. Any natieg, document or item dativerd to 27a oF received by an attomey or licenses (inciutiing a transaction broker} representing a parly will ba as attective as if ont delivered to ar by that party, ‘ r ! 2m 13, COMPLETE AGREEMENT: This Contracl ts the entire agreement belween Buysr and Sailor. Except for brokerage t va) agrooments, no prior or prsent agreements will bind Buyer, Seller or Broker unloss incorporated into this Gantract, 1 280 Modifications of this Contract wil not be binding unleas In wilting, signed or initialed and dolverad by iti party ta be hound. ! an Signatures, Initials, documents refernnnnd! in thia Contract, counterpane and written nwaifieations communicatod el : sez_or on paper wil bo acceptable for all purposes, including dafvory, and will be binding, Handwritten or typowdttan terms 0 Inuurtud 11 or attached to this Contact pravall over preprinied terme, If any proviion af this Contract (2 or bacomau bwatld or ‘a unenlorccatie, nll eamalning provisiona wil continue to ba fully effective. Buyer and Setter will isn ailgenoe and gaod frith in ans, porforming all ebfigations under this Contract, This Contract wil not be recarder! in any puble recerds, 2a 14. ASSIGNABILITY; PERSONS BOUND: Guyer may not assign this Contract wilhout Sellers writen consent, The terms on “Buyer,” “Setfor,” and "Broker may be singular or plural, Thiy Cuntract is binding an tho heirs, administrators, executors, ws personal fopresontativas and arsigns (f permitted} of Buyer, Salter and Fimkcy. ; oo #8 DEFAULT AND DISPUTE RESOLUTION . | zy a 15, OEFAULT, (3) Seller Defanat: {for ay roagon athay {han {sure o! Seller to mis Seller's tila mavkatobio after digard uflurl, Seller 1 [alle suluses or neglects 19 perforn this Contriict, Buyer may choona te retiaiva a ralurn of Buyor's doposlt witha waiving tho nghk te | 287 rack dunrayes oF lo cook spacilia performance as par Paragraph 16. Sailer wil ulvo ba Totin to Broker for the ful ancund of thes : AW twokeragn fon. (b) Buyor Default if Buyer fas Io portnem thi Contract witht the timo specified, hiduding timcly naymert of of duposis, i 28 Seller may choose ta retain and colloct al denoaits pad and agrgad ta bo pald as fiqudmed damages or to seok spectio potfarmance as, i] . : ae Buyer ra f 36 _.j and Setter (' (_.__) acknowledge racaipt of 2 copy of this naga, which Is Paga & of 8 Pages, 1 tania 4 * i AD 2007 Mexida Auedatias of Garon? At Righis Rusiavedt igpagroe iH This woktware 16 Licunged to [Brooks Morgan - RE/MAX Top Notch Aasociater] wen, trausactiondesk.coa. BOMINISTRATIVEyGQS'PLAMBE ttt 20 st, aon EXHIBIT # = etd vloascer+set acum goa viavurtdud fake sae vaevuvegey NEMA ‘IUP NOTCH ASSOC 007 Ms 18/2097 09:66 WAX ALadSAAgUS REMAX ‘TOP NOTE ASSOC aod Pay ver Pagar 1 ad rok wl, yon doar che SM fa pcs pid anc and tov eet Bo bo sk any van oa Syoker) up tO the hal amount of the brokerage foo, ama 16, ciSPUTE RESOLUTION: Thia Contract wit be arses ureter Hoskin aa a contnaios, Cems and other matters in 2 quoallon ing out of oF relating lo [his traction or iy Contract of he wi ay oa in ah 04 or eutsert to cepons Mado and agree to be mad Buyor vt Slt. #8 Kove Ao we: eubmit the (Rapule, i 20 required by Piorida jew, to Cecmaw Agent choice of arbitration, a Horida court or the Florin Hau! ys Estate Commigaién (‘FREC'), Buyer and Soller wil ba pound by any resuiling sward, {udgment or ordar. A brokers une ——_abligatign under Chapter 475, FS and tha FAG rules Lo fimely notlly the FRR of an escrow dupute and timely renoive the ate escrow dispute threugn medintion, arbkratlon, intorpleadar of an asow disbursement order, if the broker se chases, wa apples (0 brakars only and does not apply to tito companies. atlurnays or nlher necrow companicd. ao (b) All other disputes: Buyer and Seller wit hava 80 days from the date 2 dispute arises botween thai 10 attampt to sm resolve the matter fhrough madiation, failing which the parties yall tasolve the dinpule through neutral binding arbitration 08 In the county where the Property la locaied. Tho arblvalor may not alter the Contract terma or uwurd any romouy not na provided for io this Contracl. The award will ba based an the groater waight of the evidence and wal state findings of [acl ait and the contractual sutherity on whioh il is based. If the parligs agfon to ut disoavary, it will bo in accordance with Tho ww Hlorida Runs of CMa Procedure and the arhizator wif resaNo au clucovery-elated disputes, Any disputs with a real Bi) state Heonsee of firm nnmod In Paragraph 19 wil be yubmnitted to arbitration only If the ieensen’s broker Gonsents i am writing to baorte a party to Ihe pracerding. This clause wil sunive closing. ame {e) Mediation and Arbitration; Expenses: “Mogiatian’ is a procuss in which portics attempt to resolve a digputo by mé——gubmilting #& In an Impartial madiator who faciitates the resolution of tha dispute hut wha is not empowrrnd to impose a tr? gelaleman? of Tho parties. Mardation will ba in aocordanco with tha russ of the Amorican Armirallon Assuuiation ("AAA') ot iy afnr medialur agreed on by the panies, The parties will aqualy divide tha mediation fea, il any, “Arbitration” is a process iA sw which the parting rogolva a dfspule by a heating before & nevitral parson who decides tho mattor and whose decision Is ato binding on the parties, ArbRration will bo in rccordanca with the rules ot the AAA or other arbitrator agrond on by the a1 partlas. Rach party to any arbitration wil pay ke own [26s, costa and expenses, including aitornoyu" fees, cand will equally vs split the arbitrators! lags and administrative feos of arbitration, | | ccd ESCROW AGENT AND 8ROKER mA IT ESCROW AGENT: Buyer and Sallor auhoden Ezcrnw Agent (a rae, Copest and ail fans and othe Kernan enc He | Whe Us Fare cennes, cee tems upon pops auhotzaion and acerca win Fi law aro fe eas Soe {00 eanonsile Alornoys! SEC te oe pad om (he cscrowes und cr aqutsent and charged! 2nd gut 1s ctxt Ones $w_ fever Of Une prevaling pany. Ai cei ager Escrow Agnnt wile nvbaled, 80 ory 08 Ese Ago cengents to ase, 2 18, PROFESSIONAL ADVICE: BROKER LIABILITY: Froker odvison Buyer arid Soller ta very af facts ard representations tit ae {x portant fo them and to consult nn Appropriate professional for lego! advice (for nesta, interpreting contracts, gotumnining the 1a qttact ol laws on fhe Pmpedy and ransuction, staluy of fille, farggn investor repartiig requirerer its, the affect of property ving ne panialy 9¢ totaly soaward of She cogstsl construction control fina, ete.) and for tax, nroperty concition, oniroamented and alhar we speculiad advice, Buyer acknomedges thal Bmker doos nol reclua In the Prepetty and that al mpragentations (oral, writion oF tet olturwies) by Brokor am based on Sellar reprasontations or pubic records, Buyer agrees to rely soloty on Safer, profassional ite jnspactors and govemmental agencies for verification of the Property condition, square footage ard facta that materially affect : 10 OO oe ee) Soler mapeclvly wil poy out and expensos, ching ronson atemays Was at ee I et inawed by Broker and mkorts officers, directors, agents ond employees in connaction wih oF rising (rom) Buyer's Of Seller's ' ‘40 sriestotoment oF folure to parform conteactial obtgations, Buyer and ‘Sailer hold horminas and winasa Broker wd Rroker’s affine, “M1 dinctors, agents and employees from afl fablity for Insa or dinnaye bused on (1) Guyor's of Sailor's misataterunt oF tek to | Ie potores Contractual obligations; (2) Brokar's patormance, ‘At Buyer's nnd/or Seller's request, of any tank deyund the supe of ot} ganices registed by Chapter 475, 1S. 69 amended, including Broker's ruterral, rocommandation or retention of ary vengor: (3) 1 "4 yroducts of services (fovided by any vondor: and (4) expanset Incurred by any vendor. Guyer and Seller auch ssaxne ful ! cuts reaponsibity tor gelecting end compensating thor mannctiva vondors, Ns paragraph wif not rofeve miter of alnhtery obiiustions. wat For purposes of this paragraph, Arokey will be trentod as a marly tothis Contruct, This paragraph wal suvive closing. | M019. BROKERS: Tha foenseats} and brokernga(s) oamod bolow are culectively refered to as “Broker.” Instruction to Closing , TM Agent: Seer and Buyer direct cloting agent to deburse al losing the tid omou't af tho hrokerage teas as speciod in soparata 240 pmikntage agreements with the parties and cooparative agreemonts hatweert the wrokey’. axcop! to the axtent Braker hit ma retained such fees trom the escrawed funds, {n tho absence of such brokerage agreements, closing agent will diaburee . tet brokerage fees 2s indigated balow. This paragraph will not he usext to mostly sny MLS or athor offar of compensation muda by ! ust Sailer or Ysting broker te Coopernting brokers. V want owe {___) and Saller i (__.) aoxnowledge revelpt of a copy af this nage, which is Page 6 of 8 Pages. FAR ODOT Flan Aseodiiton of iacuar | AURyhis Rovarned hgpteree hia ecftwarw is licensed sa (Srookm sargan « RE/WAX Tap Kotch Assacsater) ww, crapsagtiendeak: com. ard ylOaSe++Set VauuustuuL KEMAA TUF NUICH ASSOC 00s “4 171972007 04: BE VAK 4138564301 REBAR TOV NOTCH ASSOC (go10 Brooks Morgan, : Dream Properties 3.5% 0k, Me 2a inadi BAN Ribondun bie sone mene a rronTagS Fa Or of Paria Peco) ; ween, DORA Nattagtad Ganelat Inc Hemltora 3.58 | ed Linthiy Tits Assaciato/Liconna nn, { fg Prifibnnkarega (oni OF % Of Pumiase aed _ ADDENDA AND ADDITIONAL TERMS cB 20, ADDENDA: The folowing addiloned lenis ora Indudad 1h the attached addenda ancl incorporated into tha Contract (check z ao applicable): wor UA Condo, Avan. 1a. As Is w/RIQht lo \nspect LO, Internst-Bearing Account «= OV. Pp, Discingure Simi. out 13, Homoowners’ Asga, Gil, Inspcedona IP, Back-tip Contract GW, RETA am 1G, Sofer Fivancing «=, Irsufation Disclusue OQ, Broke -Persint inPmp, CX, 1031 Exchange su" CD. Mort, Assumption 2K, Pm-1970 Houdiig Simi. (LBP) A. Rentals LY. Additianal Causes aoe" Wb. PHA Financing (1. insuranca QS, Sale/Leasa of Buyer's Property an8' 1 VA Frunchg 1) M, Housing Older Persons UT. Razor, Q Otter, aa” .G. Now Merl Rates «= LN, Lensogumhusatcsssoption (2 U. Assignment QOther__ |. wn » Roan aN ae E Boalks Megan of Dram Geaqarhes \\ sn Cecerte. 2% \ndesk ot “2s ok Wwedked SS PALS, owe UA elected oF Correll [GIN SM oil 21. ADDITIONAL TERMS: Comenssion USI Oe adslek “to “he | ned ok 3S Ne SS \ « *, Sold wae ‘QS VN air a aye Buyer nue) OF Salter -) 1 acknowiouge tae recolpt ofa copy of this page, wivch fp Page 7 of 8 Vagos. mv aa ae ee ST oscar “amcor . ; ggaase* | ale aottware ie Liaeneat to panel wergqan ~ au/MhX Top Seen Deucaiates] wre. geansactlondesk. dom. i gid prossepssel TH AHOGSP LABEL tt 20 st AoW EXHIB a eee SF PAGE# _ gle rk nen aamaiaiel —_———- ee en ee namaa LUY NUIUM ASSUC ~~ goog _ LI/15/2007 09:68 WAX 8198504501 WEMAX TUR NOTCH ASSOC Gait ai Thisie intended te he a legally binding contmet. M not fully understood, seek the advice ot an sttomey prier fo signing: « OFFER AND ACCEPTANCE . ' au (Check Hf applicable; 13 Buyor teceived a written teal property dieclogure statement from Satter bafore making this Ofte} ata Buyar offers to purchaso ite Properly on tho above terms ancl condions. Unieaa this Contract Is tignad by Sellar ane! a cin} aint debvored to Buyér no lator than _5___Qhamjs(p.n. on ._owemher {seh .2007._, this offi wil hn revokod ain and Buyer's deposit refiunded aubjoct to clearance of funds, aw COUNTER OFFEA/REJECTION . sine U Seller counters Buyer's otlar ho accept the counter oifer, Buyer runt sian or inal ne counter offered terms and detver a copy 419 of tha acrontance to Seller, Uniess oihonwisa stated, the tine for aecq any counteroifers shal be 2 day! (fom the age date (he counler ia doliverad, 2 Soller rojocts Buyer offer. any fate: d BE: i fe —— oncom AALS OE omen StI ok Cp ick Ce BR AOR YO a amt ente 428 PRONG: ere ao bo — aoe Bari en or pate: _. Tylews ann a OSC! me ae Vhone!, 4. Prinkname ee ee sree meee aa Paxt e APUROR SE ns 7 ~ ae tena te " | ang | Effective Date: [Tha dato on which the lt party signed or kel and dalvered the fel cer or counter | a Buyer £2, t___)and Setter WMA) C__} acknowtedge receipt ol a copy of thin page, which is Page 8 of 8 Pages. " ies ‘The Boxkin Ancondssan of Rr tan and toon aasnciathen Ot faLiuns made no mpptithatattan vg WO Bre forget vain of ove, inmy Of any petrdsion of thin tox | pied wianciiaitin) urna howd Ct fansacions o1 with oxtonnivaridaza iw UAIREN8, six fa ba comet HOF Ure {Oy Wt ae ray Gods CI] med er Hy Cle take tery HST anon aru AOWeeka nemberahe 7MHK MO MHLY ha uped only Tey meal ono | ret ne ae eon Nay ArOGRe aoe US rd wee vance In Ba CARB NCS. Hep Cup taves oF he Unter State (37 TAN Gade) forsed the teseuchortend auuockoctant of SANK forme tie any manne baucting Senders or comnandzad (urtts. 1A 47) ©2007) Pnden Association at Asactenion AN fright Rogerved This cottwara Lo Linenved to (Aronke Morgan + RE/MAX Top Rotch pescclatas) weve, teanascciondaek.com: ipotare* g:d yl CeSae+ssl ROSS Te ST AGN — OF oe all © . fa F 2 SAGER S7 aafauseuul 14.08 PAA 0100004DUL REMAX ‘TUP NOTCH ASSOC fo10 Vt/15/2G07 09:59 WAX 4138554501 ~ RRBAX TOP NUCH ASSOC Mow ” Robert sohmetdex _(Buyor) concerning the Proconly described as C . ¥ The clause below wil be Incorpomtad into the Contract batwoon wudlglene shepard. (Seller) and... eet i w ase 4 Sth Street Safaty Harbor Pi 34695 _ only il initiates! by all parting: i 8 Cad Cond Kn) % 1033 Exchange: if cithor Salter or Buyer wishes to anter into a liko-kind oxchange (either & sinutlanedualy wif closiny or dled under Section 4037 of the Interna) Revenue Coca (Fxehange’), the other pnrty wil cooperate In ail reasonable respects to effectuate the Exchange including executing documents; provided, howewor, that the 7 Ronpnvatiag party will new no tablity of tyst related to the Exchange and thet the closing shall not be conlingent upon, ! 4 axiendad or dolayod by tha kxcharigy, i * Buyer {__) and Salter (J seknowledge ronoipr of o curyy af this page, Hy 1 FARA 4707 82007 Florida Ansonkitt OC HLA” AS Aighas Rsaervert Voyo. otAddundutt Nu, _ | This aoftwaca im Licensad to [Brockw Morgan < RE/MAR Top Notch Apsccletes} ww. cranaactiondevk dom. atd + TOSS8b+S6T SoG P ddI cers “a OF SERVICE OF PROCESS SUMMARY SHEET - FORM “A” Case Name: JOS Case Number(s): ig § O UMa( Type of Case: OOULA AC packet sent by regular and certified mail. UC Licensees AC packet sent by e-mail (if possible) and regular and certified mail to Respondent's (R's) address of . record. Proof of Service by Mail: CI ULA Green card” (1 received delivered; [1] received not delivered; [1 not received after 30 days;* CJ received not delivered - with new address. Green card” [J received delivered; [] received not delivered; [_] not received after 30 days; CJ received not delivered with new address. e If green card is received back not delivered or not received after 30 days, print out and save USPS website info, and try a second time. e = If received “not delivered with new address,” repeat SOP process for new address - this is only for ULA. EOR Ui received (proof of service assumed); [] not received. e Update LicenseEase and OGC Case Summary Sheet - return to Legal. * Note - USPS makes two attempts to deliver within 15 days but does not always update their website. Do not send the file back to Legal as a waiver before the expiration of 15 days following the first USPS attempt at service. CAil Others “E-mail . no (there is no e-mail listed in LicenseEase) yes : e Ifa response to our e-mail is received, save response into case file. Green card Ci received delivered; [(] received not delivered; [J not received after 30 days; (J received not delivered - with new address. e If new address is received, send “Address of Record Change Letter” to licensee, upload to OnBase and document OGC Case Summary Sheet, and . move on to the publication process. EOR LD received (proof of service assumed); ["] not received. e Update LicenseEase and OGC Case Summary Sheet - return to Legal. Extension Granted [ino [yes- Response due date: e — Ifno proof of service is received within 30 days of mailing, go to Proof of Service by Publication (FORM B) Prepared by: Note: This form must be completed and saved with paper file or into the OnBase file concurrent with the event.

Docket for Case No: 10-009436PL
Source:  Florida - Division of Administrative Hearings

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