Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: DAVID WEIKER
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Apr. 29, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 13, 2011.
Latest Update: Dec. 26, 2024

11002171AC-042911-12111711

STATE OF FLORIDA /!J),.,

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATidN?9 FLORIDA REAL ESTATE COMMISSION /1,.

·/s

FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,

Petitioner,

vs.

JAMES MARX,

LAWRENCE MALONEY AND DAVID WEIKER,

FDBPR Case N° 2005060553

2005060543

2005060548

Respondents.

ADMINISTRATIVE COMPLAINT

State of Florida, Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against James Marx, Lawrence Maloney and David Weiker ("Respondents") and alleges:

ESSENTIAL ALLEGATIONS OF MATERIAL FACT

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.
Respondent James Marx is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 436172 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a sales associate with Orlando Resort Development Group,

FDBPR v. James Marx Administrative Complaint
Case No. 2005060553

Inc., 4999 Kyngs Heath Road, Kissimmee, Florida 34746.
Respondent Lawrence Maloney is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 619969 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an inactive sales associate at 4036 Brookmyra Drive, Orlando, Florida 32837.
Respondent David Weiker is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 581986 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an inactive sales associate at 1506 Elfstone Court, Casselberry, Florida 32707.
At all times material, Respondent Weiker was an officer or director of Platinum Properties.
At all times material, Respondent Maloney was an officer or director of Platinum Properties.
At all times material, Respondent Marx was an officer or director of Platinum Properties.
Respondents facilitated the real estate transaction with the intention that Respondents would receive valuable consideration or compensation, directly or indirectly, paid or promised, expressly or implied, for the transaction.

On or about July 13, 2004, Respondents, either individually or through Platinum Properties, facilitated a real estate transaction as the seller regarding property located at 1506
FDBPR v. James Marx Administrative Complaint
Case No. 2005060553

Elfstone Court, Casselberry, Florida, with buyers Phil Coogan and Carol Coogan. A copy of the agreement is/are attached hereto and incorporated as Administrative Complaint Exhibit 1.
Respondents did not own or have any interest in the above-referenced property at the time of the transaction.
Respondents, through Platinum Properties, never provided any benefit under the above referenced agreement.
COUNT!

Based upon the foregoing, Respondent James Marx is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
COUNT II

Based upon the foregoing, Respondent Lawrence Maloney is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
COUNT III

Based upon the foregoing, Respondent David Weiker is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.

FDBPR v. James Marx Administrative Complaint
Case No. 2005060553

COUNT IV

Based upon the foregoing, Respondent James Marx is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation ofSection455.227(1)G), Florida Statutes.
COUNTY

Based upon the foregoing, Respondent Lawrence Maloney is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455, 475 or the rules of the Petitioner in violation of Section 455.227(1)G), Florida Statutes.
COUNT VI

Based upon the foregoing, Respondent David Weiker is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation ofSection455.227(1)G), Florida Statutes.
FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT
Petitioner realleges and incorporates herein Paragraphs One through Nine above.
In and around September 2004, Respondents, either individually or through Platinum Properties, facilitated a real estate transaction as the seller regarding property located at 2711 South Highway 27, Lake County, Florida, with buyer Michael Nanosky, as a court-appointed receiver. A
FDBPR v. James Marx Administrative Complaint
Case No. 2005060553

copy of the agreement is/are attached hereto and incorporated as Administrative Complaint Exhibit 2.
Respondents did not own or have any interest in the above-referenced property at the time of the transaction.
Respondents, through Platinum Properties, never provided any benefit under the above referenced agreement.
COUNT VII

Based upon the foregoing, Respondent James Marx is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
COUNT VIII

Based upon the foregoing, Respondent Lawrence Maloney is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
COUNT IX

Based upon the foregoing, Respondent David Weiker is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
FDBPR v. James Marx Administrative Complaint
Case No. 2005060553

COUNTX

Based upon the foregoing, Respondent James Marx is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation of Section 455.227(1)G), Florida Statutes.
COUNT XI

Based upon the foregoing, Respondent Lawrence Maloney is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation of Section 455.227(1)G), Florida Statutes.
COUNT XII

Based upon the foregoing, Respondent David Weiker is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation ofSection455.227(1)G), Florida Statutes.
FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT
1. Petitioner realleges and incorporates herein Paragraphs One through Nine above.
2. In and around September 2004, Respondents, either individually or through Platinum Properties, facilitated a real estate transaction as the seller regarding property located in Polk County, Florida, with buyers Kevin and Stella Batson. A copy of the agreement is/are attached hereto and incorporated as Administrative Complaint Exhibit 3.
  FDBPR v. James Marx Administrative Complaint
  Case No. 2005060553
3. Kevin and Stella Batson made deposits to Respondents, through Platinum Properties, totaling $59,980.00.
4. Respondents did not own or have any interest in the above-referenced property at the time of the transaction.
5. Respondents, through Platinum Properties, never provided any benefit under the above referenced agreements nor returned or fully returned any of the above-referenced buyers' funds.
  COUNT XIII
  
  Based upon the foregoing, Respondent James Marx is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
  COUNT XIV
  
  Based upon the foregoing, Respondent Lawrence Maloney is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(l)(b), Florida Statutes.
  COUNT XV
  
  Based upon the foregoing, Respondent David Weiker is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
  FDBPR v. James Marx Administrative Complaint
  Case No. 2005060553
  
  COUNT XVI
  
  Based upon the foregoing, Respondent James Marx is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation ofSection455.227(1)G), Florida Statutes.
  COUNT XVII
  
  Based upon the foregoing, Respondent Lawrence Maloney is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation ofSection455.227(1)G), Florida Statutes.
  COUNT XVIII
  
  Based upon the foregoing, Respondent David Weiker is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation ofSection455.227(1)G), Florida Statutes.
  FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT
6. Petitioner realleges and incorporates herein Paragraphs One through Nine above.
7. In and around December 2004, Respondents, either individually or through Platinum Properties, facilitated a real estate transaction as the seller regarding two properties located in Polk County, Florida, with buyer Joe Montezeri. A copy of the agreement is/are attached hereto and incorporated as Administrative Complaint Exhibit 4.
  FDBPR v. James Marx Administrative Complaint
  Case No. 2005060553
8. Joe Montezeri made deposits to Respondents, through Platinum Properties, totaling
  
  $121,560.00.
9. Respondents, through Platinum Properties, never provided any benefit under the above referenced agreements nor returned or fully returned any of the above-referenced buyers' funds.
  COUNT XIX
  
  Based upon the foregoing, Respondent James Marx is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
  COUNT XX
  
  Based upon the foregoing, Respondent Lawrence Maloney is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
  COUNTXXI
  
  Based upon the foregoing, Respondent David Weiker is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.
  
  FDBPR v. James Marx Administrative Complaint
  Case No. 2005060553
  
  COUNTXXII
  
  Based upon the foregoing, Respondent James Marx is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation ofSection455.227(1)G), Florida Statutes.
  COUNTXXIII
  
  Based upon the foregoing, Respondent Lawrence Maloney is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation of Section 455.227(1)G), Florida Statutes.
  COUNTXXIV
  
  Based upon the foregoing, Respondent David Weiker is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation ofSection455.227(1)G), Florida Statutes.
  FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT
10. Petitioner realleges and incorporates herein Paragraphs One through Nine above.
11. In and around April 2005, Respondents, either individually or through Platinum Properties, facilitaed a real estate transaction as the seller regarding property located in Polk County, Florida, with buyer Tuan Vu. A copy of the agreement is/are attached hereto and incorporated as Administrative Complaint Exhibit 5.
  FDBPR v. James Marx Administrative Complaint
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12. Tuan Vu made deposits to Respondents through Platinum Properties, totaling
  
  $37,190.00.
13. Respondents, through Platinum Properties, never provided any benefit under the above referenced agreements nor returned or fully returned any of the above-referenced buyers' funds.

COUNTXXV

Based upon the foregoing, Respondent James Marx is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(l)(b), Florida Statutes.

COUNTXXVI

Based upon the foregoing, Respondent Lawrence Maloney is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.

. COUNT XXVII

Based upon the foregoing, Respondent David Weiker is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes.

FDBPR v. James Marx Administrative Complaint

Case No. 2005060553

COUNT XXVIII

Based upon the foregoing, Respondent James Marx is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation ofSection455.227(1)G), Florida Statutes.

COUNTXXIX

Based upon the foregoing, Respondent Lawrence Maloney is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation of Section 455.227(1)G), Florida Statutes.

COUNTXXX

Based upon the foregoing, Respondent David Weiker is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455,475 or the rules of the Petitioner in violation of Section 455.227(1)G), 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

FDBPR v. James Marx Administrative Complaint

Case No. 2005060553

of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code

Rule 61J2-24.001.

SIGNED this \_q_,,_

day eL"' 1 , 2008.

- usinessand '

Professional Regulation Thomas O'Bryant, Jr.

Director, Division of Real Estate

FDBPR v. James Marx Administrative Complaint

Case No. 2005060553

ATTORNEY FOR PETITIONER

S. N. Persaud Senior Attorney

. Florida Bar N° 116830 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

PCP: PH/ATR 2/08

NOTICE TO RESPONDENTS

PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action.

PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time allowed by law, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested.

PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form.

PLATINUM PROPERTIES OF CENTRAL FLORIDA, INC.

PURCHASE AGREEMENT

. . . . . ',) ·:/ s\{/1,.

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES ANW1;;i;/J,;?

SHOULl) BE READ THOROUGHLY PRIOR TO SIGNING IT. lF YOU HAYES· /.s ,

ANY QUESTIONS AJ;lOUT YOUR RIGl{TS OR RESPQ.NSWILITIES. UNl)ER THIS PURCHASE AGREEMENT; YOU MAY WISH TO CONSULT AN ATTORNEY FOR LEGAL ADVICE PRIOR TO SIGNING It.

THIS PURCHASE AGREEMENT (this Purchase Agreement) is entered into on the 13th Day of July 2004 by and between

PLATINUM PROPERTIES OF CENTRAL FLORIDA, INC., a Florida corporation (the Seller), whose mailing address is 1506- Elfstone Court; Casselootry, FL 32707,

and Phil Coogan , (the Purchaser)

and Carol Coogan , (the Purchaser) whose mailing address is 9501Castleford Point, Orlando Fl 32836

., Country is . USA , and whose telephone number 407 3900572

Home, and whose business telephone number i.s whose e-mail address is

And

The term Contract shaH for all purposes include all Addenda attached hereto, if any, and

all written Change Orders made with respect to this contract if lllly.

Seller agrees to sell to the Purchaser and Purchaser grees to buy from the Seller the house and lot described below (the Property), upon the terms and conditions of this Contract:

Description of Property:

Lot Number 30

Plat Book/Page of Subdivision

County Lake

Subdivision Millbrook Manor

TBD. I TBD

Florida Zip TBi)

Bouse Plan:

· Street:

£XHIBIT I ..

Salisbury

TBD

Elevation'. TBD

Page 1 of 15

PAGE '-/,, ADIVII.N!STRATlVE COMPLAINT.

EXHIBIT #---1-------

PAGE ( OF _

1;3ase Price of House,

Lo_t Premium

Price of O.ptions

Upgrad.E!s and additions will be added iA a s parate Addendum to this contract

PURCHASE PRICE:

Initial Deposit delivered to seller by:

. ZlstJuly 7004

(Including initial intent to purchase deposit)

Additi6 Beposits to be delivered to seller no later than:

21 t Aµg t 2004 Percentage to be mortg ged 80.00%

Mortgage TYPe: _ Conventional _ FHA _VA

(insert zero if deal) (C h buye;rs see. 1 a for c h draw

dates)

Balatice due at closing to be paid by cashier's ch ck from a Florida Bank made payable to the party designated by Seller

{actual cash balance due at closing will be adjusted for Credits, pro:rationS, Closing Costs and additional charges for Extras, if any)

$ 347,900,0Q:

$ 12,000.00

$ 339,900.00

2,000.00

2. 8,.990.. .00

$ 271,920.00

TOTAL PURCHASE $ 339,900.00

Coogan#25 Initials

-- -

tXHJBfT ·(•

Page 2 of 15

PAGE ' .=t AIJIVlif\llSTR.ATI\/E. COMPLAINT

EXHIBIT #...L-------

PAGE 1,,, OF _

PAYMENT OF PURCHASE PIUCE:
1. CASH PUR.CliIASE: In the event that this Agreement is a sale for all cas the Purchaser agrees to make the f<>llowing deposits to the Seller directly:
  1. Full payment for the price of the lot (incltidmg any lot premium required by Seller for specific lots}as designated above plus twenty percent (20%) of the price of the house constructio incb.iding options selected by Purchaser, payable to Seller at time of the Purchaser's execution of this Agreement and delivered directly to Seller, in the amount o:f.
  2. Additional twenty five (25%) of the price of the house construction, including opti()ns selected by Purchaser, shall be paid by Purchaser to Seller at the time underground plumbing {rough plumbing) and monolithic slab is completely installed, inspected and approved by local govem.in.g building inspection department. Such amount is: ·
    $
  3. Additional twenty five (25) percent of the price of the house construction, including options selected by P-utohaser, shall be paid by Purchaser to Seller at the time the structure is framed, tough wiring U$ installed, rough heatingicooting, an4 second pha$e 9f plumbing has been completed, inspected and approved by the governing building inspection department. Such amount is·:
  4. Additional twenty five (25%) ofthe price of the house colistruetion, including options selected by Purchaser, shall be paid by Purchaser to Seller at the turie the structure bas· drywall installed,, with such inst tiot1completed, inspected and approved by the govel'Iling building inspection department, in the. amount of: · · ·
    $ -------"-------'----
  5. the balance orthe purchase price, representirlg five (5%) percent of the Purchase Price shall be pai,d at the time a Certificate of Occupancy is issued by the governing building inspection departruent, in the runount of: · ·
    $----- ---
    . TOTAL PtTRCBASE PIUCE
    
    =
    tXHfBrr_(..........
    • ,1.• (u, ._.._ .If) -
    
    Page 3 of 15
    Initials --- ,....--
    ADIVl!NiSTR.ATIVE CUMPU\\N'l
    EXHIBIT#_/: _
    PAGE 2> OF _
2. IF MORTGAGE FINANCING IS TO BE OBTAINED;
  , , ,
  Payment due 4ates and amounts·shall be made in such amounts, proportions and on such due date as are specified above, except that the obligation of Purchaser topay such dep<>s!ts sbaj! be contmgent upon the approval ofthe mortgage loan to be procured by Purchaser for this purchase, and adjusted, but only with Seller's prior consent, to meet the draw schedule ofthe Lender, as approved by Seller upon review.
  
  Additional P:oints of Agreement between the parties,
  if appllcabte:. _ ----'------- ,;.,.-------....,.... ----'---=----- ---
CONSTRUCTION:_ For the total Purchase Price specified above, Seller agrees to
of
complete ce> ction of a house on the Property s11bstantially iJ,1 accot<:U!llce with the, p and specifications the House Plan ot House Mode:i NUl1lber desipted in this Ptu:chase Agreement by the Purchaser, on file at the Seller's.office as of the date of this Purchase Agreement, as soon as_ptactical, subject to availability of labor, supplies anci govetnment regulations. Seller may
- make changes· to the plans and specifications as it deems appropriate at any time as may be requite<i by a lender, gov¢rornet1tal ency vhl,g j diction ov,et tp.e property, or other-wise, which changes shall not materially affect the value ofthe property, and any such chang¢s by the Seller shall not constituie grounds for Purcfui$er fajJiillg to close this transaction not shall such changes constitute grounds for any claim against the Seller.
  1. Certain items displayed in the models, su_eh as decorator items, extra fencing, special landscaping and any other items displayed for merchandising ot marketing purposes are not
    standard construction items and are therefore 11ot includemd this Purchase Agreement. In the
    · event of any conflict between the Seller's models and the plans and specifications for the home to constructetL the plans and specifications shall control. idtmti:fiqati.on of such items should be
    obtained rrQm Seller's sales representatives l?y 'Purcllasets.
  2. The home may be coiwrueted as a reverse(" mirror iina.ge.;) of that illustrated in the
    floor pl/14 of the a,pplic_al:>le m,oclel as shown on sales and promotforud material of the Seller, or as
- shown on an existing m6del of the home. Purchaser agrees. to accept the home as sited by the· ,· Seller and as constructed according to a standard or reverse floor plan.
  1. the Seller est tes that the home wi1i be substantially completed oh or about one hlllldted twenty (120) days from, the time a building permit is obtained from the county in the State of Florida having jurisdiction. Purc er, however, acknowledges and agrees that this
    
    EXHIBIT-'--&,,,,/...,
    
    Page4 of 15
    Initials
    -----' -
    PAGE -1r
    
    estimated completion date is given to Purchaser for convenience only and is subject to cmtnge from time to timej for any reason, and without creating any liability to St,ller as a result of a longer completion -',>eriod or delay in completion date.
    .
  2. The construction of the home shall be, without exception, considered complete upon
    the issuance of a Certificate of Occupancy, VA Final Compliance Inspection Report, or its equivalent by the appropriate govertnnental agency.
BROKERAGE.; The parties acknowledge that this sale was brought about solely by

Broker:

1st American Homes, Inc. the sales representative and agent of the Seller and Ii@ outside real estate broker, realtor or real estate salesman or associate was the procuring cause ofthis sale, except for -----,-----, herein called the Co-operating

Broker,- registered real estate broker, who is entitled to a sales commission to be paid in full by

Seller pursuant to a separate agreement with Seller. ·

4, APPLICATION FOR LOAN; If a. mottgc:1ge loan is to be. obtain¢d, Purchase shall within five days from the date hereo(apply for a.16an to a lender approved by Seller inthe above sum, the proteeds of which shall be paid to Seller at time of cktsing. The r sponsibility for procuring :;i loan i$ ru!SWlled solely by the Purchaser, who $hall exeeJ;ite all documents: AecesSctcy in connection with the loan application and shall prov-id¢ loan processor$ with all information and documents requested which y in.elude, llut shall not be limited to, income tax: retllrns W-2 forms required by the Internal :Revenue Service, pay stubs, divorce judgJJ1ents and a list of creditors an,d a fully coinpleted, truthf4.I loan application. Purchaser $ill pay for all credit ,report

and applications fees requested by lend t selected by Purchaser. Purchasei·s failure to comply with this pro;\.cision, shall constitlit a defaµlt, m which event the total de.posits p d hete\lilde.r by Purchaser s be retained by Setler a$ liqtlidated damages and flus Pw:cba$e. agreement shall . become null and void. If Purchaser is married and his/her spouse has no,t signed this Agre.ement, thetiPurchaset shall oear the t¢SIJ011$ibility ofprocuringthe eoo.peratfon of er spouse and guarantee to the Seller that such pouse willexecute the mort-g e loan documents as required

by the mortga$e lender and the failure of the Purchaser to procure the cooperation and requited signature of such a spoU$e to the procurement arid perfecting of in©ttgage; $hall co itUte a default herew;ider; entitling Seller to retaj:n all depQsits previ6usly po$ted with.out furtb, r llability

to the Purchaser under the terms, of Pm-chase Agreement. the.failute ofsu¢h a spo4st to execute the loan appilcation ot, loan closing d◊e:mnet:1,ts shall not,, Uhdet any circ tance$

.deenied a contingency Qt condition of thi$. Putcha$¢ Agre.ement, and the Putchaser s.ha,Ji remain

liable under the terms hereof, mdfvidually, regardless.

REJECTION OF LOANS:. 111 the event Purchaser's lo ap]?')lieation i$ rejected by a lender, the Seller may attempt to procure financiI g for {be Purchaser's needs Oil Purchaser's behalt lrt the event sueJi an terrtate lender also declines to provide thwieirtg for Purchaser's nee to perfonn this A.gtee01ent, then this Purchase Agreelllent shall aµtomatically terminate and upon Purchaser's execution of a Cancellation Release fortn provid.ed,by Selle:i'; Purchaser's ·
lnitia:ls .,._
--
EXHJBIT_""""'/_,
PAGt .---.-..t.-..;.r,
Page 5 of 15
Ai:Ji\l•!i\i;;j l kAl IVI:. U1v1,t"Lf\i.Nt
.EXHIBIT#_,,,/ -,-- _
r.:;i•.. () \JF

earnest money shall be returned to Purchaser and this Agreement shall become null and void and
all parties hereto shall be released from further obligations hereunder.

1
FHALOANS: In the event an FHA loan is to be obtained by Purchaser, it is expressl_y agreed that notwithstanding any other provisions hereof: the Purchaser shall not be obligated to complete the purchase of the property described herein or to incur any penalty by.forfeiture of earnest money deposits or otherwise, unless the Seller has delivered to the Purchaser a written .· statement, issued by the Federal Housing Commissioner of the United States of America, setting forth the appraised value ofthe property ( eluding closing costs) of not less than the purchase price, which statement the Seller hereby agrees to deliver to the Purchaser promptly after such appraised value statement is made availabfo to the Seller. The Ptitchaser shall, however, have the privilege and option of proceeding with the eonsumrnation of the Agre.ement without regard to the amount of the appraised valuation made by the Federal Housing Commissioner. THE · APPRAISED. VALUATION IS ARRIVED AT TO DETERMINE THE MAXIMUM: MORTGAGE THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WILL INSURE. THE DEPARTMENT O:F IIOUSING AND URBAN DEVELOPMENT
(HlJ])) DOES NOT WAJ.tkANt THE VALUE 0.R CONDITION OF Tm PROPERTY.
THE PURCHASER SHOULD SATISFY HIMSELF/HERSELF TiIAT THE PRICE AND THE CONDITION OJ THE PROPERTY ARE ACCEPTABLE.
VA LOANS: In the event this sale is predicated on a YA loan, it is expressly agreed that. notwithstaiidmg any other provision of this Agreement, the Purchaser Shall not incur any penalty by forfeiture of earnest money deposits ot otherwise be obligated to eomplete the purchase of the property. described herein; if the pwchase pri or cost exceeds the reasonable value of the property established by the Veterans Adininistration. The Purchaser shall, how.ever. have the. privilege and opti9n ofproceedmg with the consummation of this Agreement without regard to
- the amount of the reasonable val:ue established by the Veterans Adm.inisn:atiotL If VA financing is unavailable, the veteran will be refunded his down payment or earnest money deposits, other provisions of this Purchase Agreement notwithstanding.
DEPOSITS THE BUYEll. OF A OffE-FAMILY RESIDENTIAL ])WELLING UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP Td TEN PERCENT (10%) OF TIIE PURCHASE PRICE) l>EP()8I'IED IN AN lNTERESt-BEARING - ESCROW ACCOUNT. THlS RlGiJT MAY Il E WAIVED,, IN WRITING, UY THE PURCHASER. When money has been placed in art interest-bearing account pursuant to this provision, the Seller shall be entitled to all interest a crued by the account; pay ble to Seller at closing. By execution :of thi$ Agre¢ment, Purchaser hereby wru.v s any right to clainJ. such in,terest genetated from any such interest bearing_ escrow account. Further, the Purchaser specifically waives the right to have the depo.sit funds deposited into an Escrow Account, agreeing th.at all
deposits will be paid directly to the Seller, 'Yithout iii:nitatfon.
CLOSING DATE: the closing date will be scheduled as soon after completion of construction of the home and issuance of a certificate of occupancy, a VA Final Compliance

Page 6 of 15
Init als -,
AUl\/l I f\JISTR.ATIVE COMPLAINT
EXHIBIT #_/_· _
PAG ...,.,,,. ..C,, _,OF _

Inspection Report, or a final inspection report is issued by the appropriate governmental agency having jurisdiction of tb.e ptop¢rty, to \,e detemiined by the. Setter, inSeller't1 discretion, upon obtaining su h firuu report or m,spection ot c.ertincate. The cfosm.g oftb,e purchase and sale of the property shall be on a date designated by Seller by not less than five (5) days previous notic,e to Purchaser, which notice tnay'be given. prior to completion of construction or prior to fue final report or certificate of occupancy being issued. The fat that items of colisttuCtio which do not affect the issuance ofa certificate of0ccup8;Jlcy, and which are included in Seller's Warranty
(rrrinor items) remain to oo perfonrted or completed, shall not permit Purchaser to delay or refuse
to close, and any delay or refusal by Buyer to close after receivirtg notice of the closing date desigpated by Seller, shaJl constitute a default hereunder by the Purchaser, upon which the total deposits paid hereunder slual be.retained by Seller as liquidated damages and this Agreement shall become null and void.
ENTRY ON THE PROPERTY: PrioI to closing, Purchaser shall not enter onto the
and
property without Selle.r's prior consent. Any entry on the property by Purchaser shall be at
Pur haser's own ris furcbas waives any all claims aga t4e Sellet.for any injury or, loss resulting fro.tti Sllcb. entry t>y Pt,irchaser or any other person accompanying.Purchaser.. Purchaser agrees to in,d,emnify Sell.er from and a ainst any claims arising out of.or iii cQnnection witlt any· such entry; Purc et may not store any gQod$ or possessions on the property prior to closing.
CONVEYANCE} Upo C.OJnpletion ofconstruction and upon satisfactpry perfoi;mance by the Purchaser oftlie conditiollS set forth inthis Purc e Agreement, Seller shalL at the closing, convey to the purchaser title to the p,i:operty by general. watrartty. deed. The Pµrchaser shaU take title subject tQ all: (a) zoning aµd/Qr restrictiorts alld prohibitforts imposed by govemmelltal authority(ies), (b) t otded covenants and restriction$ a,ppeatin.g of record ot on the plat of tlie property; {c)dramage or waii or landscaping . ea:;ement$ of record {d) taxes for the year of closing, .and (e) µi\;inicipl:!1service aen assessments (f) utility easements· of record ot (g)other
matters described 41this Purchase Agteen1ent, in,cludirtg all addenda attached hereto. Documentary starrtP, taxes and required recording fee to place said deed on tbe Public Records of the county in which. th subject hmd is situate s1W1 be paid by the Putchasei\ All costs of procutji:tg a m rtgage shall be. p.wd by the P\µ,chaser:.
PL4CE OF CLOSING:: Closing shall ta.k;e, place at a time and place desi:g1iated by (lie Seller, At clo fug, the Ftitch er $hall pay any fµnds due Seller bye.ash, cashier's check or wire transfer in Ucited States currency
EXPENSES OF CLOSINCi: Purchaser.shall: (1) make, execute and, delivery .any and all ,·
- · docun:ientsj. m.ort:gages; no.tes t>i 0ther insttunients reqttited to clo.$¢ this transaction.(2}satisfy all
requirements of any rtiQrtga,g.e let.iierj if applicab1¢ wltlchare conditions offutidmg any rnortg ge loan (c) . responsih1¢Joi\ an(). pay, all. ct>. s. and expenses of obtaimiig a mortgage, loan tor this purchase inc.lmiing,, but notlimited to, documen'tctty stamps on the J?toli1issory note and deed; mortgagee title insurance;, intangible· t es, cost of mortgagee title insurance endorsements
required by lender, recorded the mortgage and deed, loan fees, lender's attorney's fees, points,

EXHIBIT. ( ··
Page 1 of 15
I itials
f:l.,U!vl if' ,S Ti-{AT l VE Culv'IPLAINT
PAGE - /;I_ 7,
F_,1V\.J'.J,, :s1I - #
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OF

discounts, and any and all othet costs and expenses required by lender to obtain a mortgage loan for Purchaser tbro-qgh lender, unless otherwise agreed to in writing by the SeUer (d) Purchaser shall pay, m. ddition to the putcha$e price; all closing costs associated with this transaction, m.cluding d<>cumentary stamps on the deed,_ cost of survey, recording of the deed, any-req ed homeowners association coiltnoutions, all title insurance premitims, and all other closing costs · arising out of this transaction, unless otherwise agreed in writmg by the Seller.
TAXES ON REAL ESTATE AND HOMEOWNERS ASSOCIATION
ASSESSMENTS: Rea1 estate taxes for the year of closing, and current homeowner's association assessme ts shall be prorated as of date of closing, based upon the then most current information available.
INTERSTATE.LAND SALES FULLDISCLOS'lJllE ACT: Notwithstanding anything to the contrary set forth hi this Purchase Agreement Purchaser sfutii have the remedy of specific performance in the event Seller fails to ful:6U its obligations to deliver the property within two
of
(2) years from the date hereof, it ing .understand that such right is being given to the Purchaser · if (and only if) necessary for the sale the property being sold under this Purchase Agreement to be exempt from the Interstate Land Sales Full Disclosure Act by reason of the provisions of
14 United States Code section l 702(a)(2)•
.
COVENANTS AND RESTRICTIONS;

MARK. HERE, if: A homeowners association exists for the subject property, or if membershlp will be requited in one to be establisheil by the Setler or Selfer's successors and/or assigns. By initialing hete:              (Purchaser initials) and
---'-_     ,..,._(Additional Purchaser s initials), the Purchasers acknowledge receipt of copies of the l)ecfaration of Coveriants and R.e trictions, which have been provided to the Purchaser a.t ot before the Purchaser's sigpmg of this Purchase Agreement. Seller reserves the
right t-0 modify o.t amend aniofthese documents without the consent ot: or notice to, the
Purchaser provided that sucli i:iiQdifications dcl not materially and adversely alter or modify the
· Purchaserjs·rigb.ts or responsibilities UJ1der such documents. The Purchaser hereby certifies that he/she mis been informed by Seller that he/she should reac,l a.rid tmderStaiid the covenants and exhibits. provided by the, Sellerj, ioclµiling th.e bylaws of any applicable homeowners association, and Purchaser agrees to be bound by the terms thereo without e*eption. Purchaser acknowledges receipt of all such homeowner documents by the execution of this Purchase Agreement.

□ MARK HERE, if: No homeowners has been established for this subdivision; however, the Seller has encumbered the pro:percy with deed restrictions and Purchaser has been given a copy of the restrictions . By imtialirtg here: . (Purchas.et initials) and
                                    (Additional Purchaser's initials), the Purchaser(s) acknowledges that
he/she has read, understands and agrees to be bound by the terms thereof.

..
1
EXH.. IBIT---- . ( ,
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Initials --------
Page8 of 15 AVllliii'JiS I R.AllVE COMPLAINT
i
OF
EXHiBIT #..-1.
"),1\GE

DMARK HERE, if: No homeo.wners association or deed restrictions currently encumber this subdivision.
.. . . .
· ASSfGNMENT: Purchaser may not assign this Purchase Agreement.
LThUTED ONE YEAR WARRANTY:
1. BUILDER WARRANTY: Seller warrants the construction of the house against defects in workmanship and materials for a period of one (1) year from the closing date, but only in accordance with, and as limited by, Seller's new Home Warranty, which Seller shall deliver to purchaser at closmg. The Seller s obligation under this warranfy. is limited to repairs and replacement. This is the only wammty provided by Seller with respect to the property. As to items not of Seller's manufacture, such as any air conditiofi; water heater, refrigerator, range, dishwasher, and other appliances or equipment tlr consumer products as defined by the Federal Trade Commission, Seller agrees to transmit to Purchaser the manufacture's warranty regarding such items Without recourse. SELLER MAKES NO WARRANTY FOR SUCH ITEMS. THE HOMEOWNERS WARltANTY SUPPLIED BY THE SELLER IS THE ONLY· WARRANTY APPLICABLE TO THIS PURCBASK ALL OTBER WARRANTIES, EXPRESS OR IMPLIED, WIIETIIER ARISiNG UNDER THE LAWS OF THE STATE OFF FLORIDA OR A.NY OTHE& APPLICABLE LAW OR ACT, INCLUDING, BUT NOT LIMITEO, TO,. ALL JMfLIE.P WARRANTIES OF FITNESS,
  . MERCHANTAlllLITY OR HABITABILITY, ARE DISCLAIMED BY SELLER AND
  EXCLUDED FROM THIS PURCHASE AGREEMENT.
LIMITATION OF LIABILITY: IT IS UNDERSTOOD AND AGREED THAT SELLER'S LIABILITY, WHETHER IN CONTRACT OR IN TORT, }.'OR NEGLIGENCE: OR BREACII OF WARRANTY, IS LIMITED TO THE REMEDY . PROVIDED IN THE HOME WARRANTY DELIVERED BY SELLER TO }>UR.CHASER AT TIME OF CLOSING. SUCH A WARRANTY IS 1.IMitED TO REf Am AND REPLACEMENT OF DEFICIENT PARTS OR WORK. UNDER NO CIRCUMSTANCES

. SHALl. SELLER BE LIABLE FOR ANY DlllECT OR CONSEQUENTIAL DAMAGES BltYONU THE REPAIR. AND REPLACE OF DEFICJENCltS DUlllNG THE ITIAL ONE YEAR PERIOD FOLLOWlNG THE llATE OF CLOSING, INCLUDING WITHOUT LIMITATION, ANY DAMAGES BASE]) UPON A CLAIMEO

DIMINUTION lN THE. VALOE OF THE HOME, EVEN IF THE SELLER HAS BEEN A])VJSED OF THE POSSIBlLITY OF SUCH DAMAGES.

20, WARRANTY EXC:LUSiONS: Seller sballiI1no case be responsible for damages to a

·home which are not caused by the Seller or its etnp:loyees1 agents or subcontractors, bt1t which result from acts ofQoci or catastrophes of nanu:e, including, but not limited to, fire explosions;. smoke; water, landscape failure, ol' changes. which are not reasonable foreseeable in the level of the Underground water table; sinkholes, glass breakage, windstorm, hail damage, lightning, falling trees, aircraft, vehicles, flood or earthquake damages. Seller shall be responsible. for damages to a

EXHIBIT--,-I....

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Page 9 of 15

Initials -------

}\,UM.lNlSJRA-!IVE CQMi--ii,,,AINI_

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-·•------ ·- ----- -----------·-----··--·-··- --· .

EXHIBIT #..-;qi,.;.( _

cr,, r- ()F

' house caused by activities which take place on parcels of land adjacent to, or in close proximity to, the home site, including, but not limited to, damages caused by nearby toxic waste sites, overhead elec power or utility lines, airport activities or functions, or mining or fu.nnirig operations. ·

· ENVIRONMENTAL CONDITIONS; SELLER MAKES NOWARRANTIES, EXPRESS OR. lMPLIED, AllOll'f TBE EXISTENCE OF, OR FUTURE DEVELOPMEN't OF, ENYlltONMENTAL CONDITIONS ON TIIE SUBJl:CT PROPERTY, INCLUDING POSSIBLE PIU'$ENT OR FUTURE POLLUTION OF THE AIR, WATER OR SOIL, FROM ANY SOURCES, SUCH AS UNDERGROUND
MIGRATION OR SEEPAGE (INCLUDING RADON GAS). SELLER'S SOLE WARRANTY TO PURCHASER IS: T1:IE LIMiTED EXPRESS WARRANTY DESCRIBED IN THIS PURCHASE AGREEMENT, SELLER EXPRESSLY. DISCLAIMING ANY LIABILffY FOR ANY TYPE OF ])AMAGtS WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, WIJICH HOUSE OR REAL ESTATE,
. O,R ITS INlil;A.BITANTS, MAY SUFFER BECAUSE OF ANY EXISTING OR FlJTURE ENVIRONMENTAL CONDITIONS.
RADON GAS: Radon is a naturally radioactive gas that, when it has accumulated in a building insufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and state guideline have been found in Florida, of the
U.S.A. Aclditional information, rega,rding radon and radon testing may be obtajrted from the
County Public H'.ealth Unmit which the subject property is siti$ted pursuant to Section
· A.04.056(8) of the Florida Statutes. . .
CHANGE ORDERS: In the event that, within severi(7) dl:lyS, after. execution or this Purchase Agreement, Purcbase:r desires to make changes to the house plan or specifications as set
. forth in any addenda to this Purchase Agreement Purchaser may request Seller to enter into an agreement , called a Change Order," fot such changes. In no evep.t shall Seller be required to enter into any such Change Order or other amendment to the Contract, _However; in the event Seller agrees to tlie Change Order ;. it shall specify in detail the requested eha:Q:ge; it shall be in writing .a.nd shall be, signed by th Pwcha:se:r and Seiler to be binding, Each change subsequent to the contract execution date r:oay add five (SJ addit1pnal d y$ tQ the date of d;e.livery ofthe completed home ancl the :J?tttc et. will. be. clm.tge4 a $Z50..00 processmg fee:I? e ge.e>rder, which amount shall be due at the time the change order is agreed to by the Seller No work shall be performed by any contractor or subcontractor not hired directly by the. Seller or General Contractor acting on the Seller's behalf. No change orders will be entertained more thaiJ. seven
(7) days after the date of execution of this Purchase Agreen1ent, unless Setler, in Seller's sole discretion, Specifically agree.s, otherwise, Seller shall not be required or obligated tQ make any· changes to the hpuse unless Seller has consented in writing to such changes, -which consent may be withheld by Selle:r in its sole d absolute cliscretion. 1( for any reason other than a. default of the Seller, there is no closing, there will be N-0 refund paid to the Itu:rchas t with respect to arty Change Orders or fees related · ·

Initials
Page 10 of 15

ALllVi!N!STRATIVE COMPLAIN"[
r){H!8ff #-,-/ ::;o:----:------
ADDENDA AND EXHIBITS: Purchaser and Seller acknowledge that the Addenda and Exhibits refere1:,1ced below, attached. to this Agreement and bearing the signature or initials of the Seller and Purchaser are hereby made a part of this Agreement: ,...

□ 1. Options available.to Purchaser
D 2. Color Selections of Purchaser
□ 3.
□ 4.
□ 5.
□ 6.------------'--e '-
annual
PREPAID_ITEMS AND ESCROWS,; Certain prepaid items and escrows.shall be paid or funded by the Purchaser at cfosmg, These prepaid items and escrows include the, payment of first year hazard insurance premiuril, payment of111terest on mortgage. loan from closing date until the first day of the following mon funding escrows for real estate taxes; hatard insurance and mortgage insurance premiums and hOIJ1eownets association transfer or initiation fees. If a homeowners association has beeji fotn1ed for the subdivision in which the pro.p.erty is located, prepaid items will include an initial fee to join, SlJ¢li associated and prorated assessments for the year of closmg as charged by' the applicable homeowners association.
NOTICE AND RIGHT TO CURE: Fl:JQJUi>A LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE, YOU MAY FILE ANY ACTION. AGAINST A CONTRACTOR, St.JBCONTllACTOR, SUPPLIEI.t, OR DESIGN PROFESSIONAL. FOR AN ALLEGEll.,.C:ON'STRVCTION DEFECT IN· YOUR HOME; SiXTY (60) JjAYS llEFOM YOU FILE TIIFZ ACTION. YOU MUST DELIVER TO THE CONTRACTOR, SWC<>NTRACT()lt, $:0'.PPLiElt OR DESIGN PR.OJtESSlONAL; A
:::tJt::::g : !ii : := : ft=ib E
WRITTEN NOTiCt oFA:Nv .CQN$TRJ1CTJ.ON C0Nlllll0:ri$ YOti ALJ;E(';E A.RE,

ALL:E1GE1") CONSTRUC.TI()N fiEF]j}CTS ANO MAJ($ ,A:N·· Oti:.FE;ii TO ltEPAIR OR PAYFQR '£Bit ALLEGEi) CONStl{UCTlON DEFECTS. YOU ARE NOT OBLIGATED. T.0 ACCEPT ANY OFFER MADE llV THE: CQNTRACTO:I\ OR ANY StfflCONTRACTORS, Strl>PLIEI{S QR DESIGN r.'.ROI?ES$IONAL$. TH;ERE ARE STIUCT DEADLINES A.NJ) PROCEDURES UNDER FLORD)A. LAW WHlCH AFFECT THE RIGHTS OF THE PUI{CHASER ANi> SELLER HEREUNDER.
TIME OF THE ESSENCE Time is of the essence in tltls Purchase Agrceement.

Initials .;.

PEAXG_HEIBITy_//

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Pi;i.ge 11 of 15

hu,vi1.i' 1S ThAl"IVE COMPLAIN]:

EX.HlBIT #-1..--------

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RISK OF LOSS: If the improvements are damaged by fire or casuruty before delivery of

th deed can.be restored.to substantially the same cortdit10n as now exists within a period of sixty

(60) days ther aftet, Seller shall restore the improvements and the Closing Date set forth above shall be extended accordingly•. If Seller fails to do so, Purchaser shall have the option of (a.) \ taking the property as i$, tog thet with the insurance proceeds, if any, or (b} canceling the Purchase Agree:inent; in which event all deposits are t◊ be rettmi:ed to the Purchaser and all parties sball be released from my and all obligations and/ot liabilitle$ hereunder;

29. PERSONS BOUND.; The covenants herein contailie4 shall bind, and the benefits and advantages hereUI1det shall m\n'e to the respective heirs., executors, administrators and successors of the parties hereto. Where appropriate, the singular number shall include the plural and the plural shall include the singular.

30 ENTIRE AGREEMENT: This Purchase Agreement is the entire Agreement between the Seller and Ptrrchaser regardjn.g the purchase of the p operty or the house constructed thereon.

Seller is not bound by an.y state :nt; prpII:lise,. coti.ditioll$ qr stipulati<>n not s eeili¢ y set forth in

this Agreetrien;t. o salespersQ agent or elllf)loyee of Seller has any authoiity to.make any statements, agteet11ents, or representations to J?urchase.r that odify'> add. to.; ot change the terms and conditions of this Agreement.

31. . SINKHOLE EXCLUSION; Certaiu. areas of Florida have experienced a sinkhole 1/a-% soil settlement activlty.. Seller bas Q<>IlSulted with soil engineers about the potential for sinkhole development in the area. where the property is l<>cated and have beeti advised that no soil study or investigation, can offer any te that sinkholes will not develop on a speci6¢ lot; .Seller has also bee11 imormed that soil en tscan,.condµ¢.ttestifig and e lo tion of pQf@tial si.Qkhole sites hi aQ attempt to asseS$ the pw.$:sihiiity of futute sinkhole devefopl3lent. Seller assum.es no responsibility to make any tests fot h purp9ses but Seller wi11pennit Purchaser to do so, at Purchaser's expense, if the Purchaser so desttcs; provided such tests occur within seven (7) days of the date of this Contract. lf Purchaser has any co:ncentS about the possibility of this particular

Florida property bejng atfijcted by a ole c.ondition, Seller advises Purchaser to purchase homeowner's or hazard :insurance tQ ptotect Putch8$er against losses resulting from any such catasttoph.e occurring. · · · ·

12. NOTICES 'fO PIJ'RCBASERS:
(a.) lnl'eshnent:, No employ <>t a ent of Seller is autho. d to make any. representation
on behalf of.Seller&$ to the present mit ket Val.ue ofthe p1;Qf)eJ;'ty, its expected rate of appreciatiqn m.value, whether te11tiil of the property is permitted UQ.4et applicable laws, or recorded resttfotions, i;e,ital rates andlot c,ccl)pancy levels can be achieved from renting the

property, o.r tq cormne:nt on ap.y other investrn¢rtt l}l!cts. of OWillllg the propertY. By e}.(lecutiilg this Plltchase Agreement,. Pureba$q-4Qkfi.Qwl ge$ t n0. such repre&elltations have been i;nade

to PurchaseL If Ptircha$et is puremt$iQ&. the.prop¢rty as an it.lvestrnent, Purchaser has investigated

and satisfied himself or h rself as to alilegal d eco:n0mi issues surtoun($mg such investment.

EXHIBIT

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Page 12 of 15

PAGE._· s 2.._

Seller does not own, have an interest in, control; endorse or recommend any such particular rental program for any houses sold by Sellet•

. \

Rentals: THE PURCHASER IS HEREBY NO'l'IFIED THAT BOUSES IN THE SUBDIVISION .IN WHICH TIIE PROPERTY IS LC>CATE1) MAY BE AVAILABLE .. FOR MNT FOR PERIOD$ OF LE$$ TIIAN THIRTY (30) DAYS.
Special District/Mun:foipal Taxing Unitlliunieowners Assocfatitnt Uiscfosures
The Board of CoUiity Cortumssioners may establish taxing unit ot district for the sub<livision in
. which the. property is located oi\ the Seller. may lutve formed a homeowners association for said subdivision in which the Purchaser is requJted to be a member, or both, which requires ali homeowners to pay an atmmd fee(s). The fee(s) may be used for the upkee.p and maintenance of the subdivision's entrance, recreational areas, drainage facilities, common areas; streetlights and where the streets ate private (te gated community)', upkeep a:nd maintena:nce ofthe streets within the subdivision. Such fees are estab11shed to ensure the eontin:'Qed mafotenance of these connnon
. faci,litie$, an4. thereby protect the pr9p¢:rty value$ ofthe hornecrvvi,iers. If trucing, unit ot district has been established, the fee Will be billed and collected anrn1a1ly by the county as part of the property tax b:ill. Ifa homeoWnets association has been fortned, the fee will be billed and collected by the homeowners associatio.n ot its. d:esignee at least aimtially in accordance. with the bylaws of the homeowners association:. The fee and scope olmaintertance services is subject to annual review and acljustt)lent by the county or homeowners assoqiatfon, as applicable. .
Construction Information Disclosures: Insu:Jation will be installed.in the hoµse as follows:.(i) inceiJhigs, eithel'fibetglass bati filiitdation or fib6rglas$ b!Qwn--iil, insulation will be installed, having a tmnirrtttin thickness of' .· fuQhes·which thickness, according to the manufacturer will yield an R.,..vaiue or · . (uj in exterior bfo.ck wails, iru;ui tii>n will be

inst ed which, according to the manufactutet\·will yield.•l:in RAtalu¢ Cif "-(iu) in exterior

frame walls, fiberglass batt msu.latio.n will be installe<l having a, thickness of ·. . · . inches, which thickness; accordin · to the ri1rultifacturer, Will yield at1R...va:1ue oi ·· ·

: (e.) Standard Co·nstruction Items: Certain items disphtyed in the Seller's models or marketing erial$, such as decorator items or material upgrades, and such items as extra

fencing, special laiidscapw:g ai1d; any Qther item di$pla.yed, fot rnarl¢¢ting ot J,I1etcbMidising· purpose$, ::ge not standard construction item$ an4;$re. not fuch1deci m this confra¢t, fn the event of a comfict between. Seilet's models o.t lllaiketfug pfotures and the plans and specifications for the house plan shall con:ttol. · ··

(f) Mold: According to the Centers for Disea;;e Control and Prevention's Nl:lti.onal Center for Environmental Health, mold spores are na:futally occurring micrqscopic organisms that may be found virtually anywhere, both indoors and outdoors., Mold spores ma).' eIJ;t¢r home through open dootWays and windows; RV AC systems, or other sourc s. of air mf:il'tration. It is not yet ·,

kn<>wn whtithet mold can.cause serloris health pto'Merns. the most rneclicat symptofiiS. reported

from niold e){postJre include: rtlilfiy nose, eye irritation, coug congestion, aggravation or asthma

Inida.1s.

EXHIBIT ···· /

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Page 13 of 15

EXHiBlT #_,,_ _

PAGE 12 OF ---

IN WITNESS WIIEREOF, the Purchaser and Seller have executed this Putehase Agreement \'.Jn the date set forth below:

Witness to Purchaser:

\:.

PURCHASER:

Signature of Witness Signature of Purchaser

Printed a.me.of Witness Printed.·Name of Purchaser

Date

Witness to Second Purchaser: PURCHASER:

Signature of Witnes:s

i . ' ! f •

Signature of Purchaser

Printed Name of Witness Printed Name of Purchaser

Date

SELLER, PLATINUM PROPERTIES OF CENTRAL FLORIDA, INC.

By: --'---

Title of Signor for Seller:

Date signed by Selier:

NAME AND ADDRESS OF COOPERATING BROKER AND SALESPERSON,' IF ANY:

Broker: Office address

Salesperson: Tel: ---------------

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EXHIBIT l

PAGE_- s-21

Page 15 of 15

ADIV!!N!STRATIVE COMPLAINT

EXHIBIT # I

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i:: /;:;'f -0-F

Platinum Properties of Central Florida Inc.

Mold Addendum,

· .. oid---Mold is a type of fungus that occurs natw::aliy in the environment and is found evetyWhere life is supported. It spreads by means of microscopic spores canie.d on air currents. In. order to grow, mold requires (a) a food source, (b.) a temperate climate (i:.e.,. between 40 and i00 degree Fal)reriliek), and (t:) moisture, In a residerrctf, a nwrtber of food sources can be foun fabric, carpet, walipaper,. drywall; woo .!lild insulation, tQ name, a f'ew. Of critical importance, howevet, is moistur moisture is the only mold gi,owth fac.tor that can be cot1tt0Ued in a residential setting. l3y minimizing. moisture; a homeowner can duce ot .Iittiinate mcild growth. . · Moisture in the home can have many causes. $pill$, leaks, overllows, condensation, and high humidity are common sources ofhotne moisture. Good housekeeping and home maintenance practices are essential in the effort to prevent or eliminate mold growth. If moisture is allowed to remain on the growth medlum, mold can develop Within 24 to 48 hours, Furthermore, mold that is not properly and adequateli' removed may re ppear,

Consequences ofMolG'-All mold is not necessarily barm.M. For susceptible persons, mold is just one of any number of indoor air quality irritants facluding, for e:xamplej pet dander and dust mites, Experts disagree, however, about the level of mold exposwe that may cause health problems, and as yet there are no state or feder-u stan<lards that establish acceptable leve,ls of exposure t,o mold. ·
What the Homeowner can D The homeowner catl take positive step$ to reduce and/or eliminate the occurtence of mold growth in and around the home and thereby minimize tJie possibility of advetse effects that may be caused by
wold.
The following suggestions have been complied from the recommendations of the U.S. EnviI'oru:riental Protection Agency, the. Consumer Product Siuety Commission, the American Lung Association, and the National Association ofHotne Builders, among others, btit they are not meant to be tdl-inclusive.
1. Before bringing items into the home, check for signs of mold. Potted plants (roots and soil). furnishing$ stored clothing arid bedding niatetfa.l; as well as man.y other household goods could already contain mold, wlifoh can
  then be spread to other areas of the home · ·
2. Regular vacuuming and cleaning will help reduce mold levels. Mild bleach solutions and most tile cleaners are·
  effective in eiitiiinatih& or pteventint mold gri;)v;th.
3. Keep the humidity in the home fow,, Vent clothes dryers to the outsid¢. Ven,tilate kitchens and bathrooms by operung the windows. by using exhaust fan , and/or hy tu!mmg ail' cond,itfoning equipment to remove excess moisture in the air and fo facilitate ev potation of water from wet surfaces
4. Raise the temperature in areas where moisture con4.ertses on surfaces, and open doors between rooms to
  increase air circulation in the home including doors to closets
5. Have major appliances (e:g., furnaces heat pilinp&, central air conditioriers; window air conditioners, ventilation systems, and humidifiers) inspected, deaned,, and services reguiarly by a qualified professional.
6. Clean and dry refrigerator, air conditioner; and dehWnfdifier drip pans and filters regularly and be c.ertain tl:t.at your renigetator·and freezer doors seal properly
7. Inspect for condeilSatioti and leaks in atid ar-o®tl the home on a regular basis. Look fot dfacoforations er wet Spots,Take nonce of musty odors and. any visible signs ofmofrt Fix leaky plumbing and lealcs in the. exterior and interior of the home an\il all other source of moi tute problems m:ilnediately
8. Promptlyqleari ViP spills cendensation, and other sources of moisture. Thorot1,ghly dl'Y wet sutfaces iµid
  materials. Do notle.twatetpoql or stand iii your home. Promp.tly repiace matenal$ that ca.nnot be thoroughly
  dried sucha$ dtywail ◊r insulation. · ·
9. Do not let water' pool or stand atound the foundations or under the home in a crawl space or b neath any structural sub-floor_ Millt1taiii teqwre<:1 slopes an<i adequate drainage away trom the foundatiotts and keep planting$ and sprinklers the proper distance from your home. If you find standing or excessive water, seek prqfessfonal help to remove it. ·

G) Perforrri routine visual inspections. Respond promptly wbefi you see sigJ'l$ of moisture or mold. tbototrghly

·· clean the affocteq area with a qiiJtl sdlutfon of'biea<:h after first t fing determiJie if the affected material or ,' surfa¢e is color safe. Aftetcleanfug, dtytlie ect dsurfaces completely, Porous materials, such as fabric,

upholstery, or cjj.rpet sboµIq be discarcle<i. Shoul.d the mold growth b¢ sivere, qualified trained professionals niay be needed to ;issist in th reniecltatloli effort .

Re iiµ-Iy ma1rttjtin xourho e. For eXiµnJ?le; re l 1¥ aulk th.e windows,}aucyt$,dntiris, tub, and showers. McUritaili roofs in good repillf. Refetto your hom wnet manual for additional areas of suggested maintenance. Buyer·acknowledges and understands the above information ·
Buyer acknowledges and understimds the above information
Buyer: · Date:----

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Agreement Date:
NO
Third Party Inducements
.Acknowledgement
()6/26/2004
Lot ff. I Phase;
Subdivision:
Millbrook M or

Buyer(sJ;

NO THIRD-PARTY INilU.CEMENTS:, The aforementioned B:uyet$ h¢teby acknowledge and represent that they are tinder nq obligation:¢,f any son to participate in or en:tet iht-0 any rental pool attangementwrucb; nu ft,e available.
The Buyers further aclmQwledg¢ that there have been no hitfocements by the Seiler, his ofijeen1 direcb)rs, eniploye s age11.ts nor his sales staff ht connection with this Agreement for Sale and Purchase r lated to the possibiltfy of any economic benefits
·. to the :811yers tQ be derive.a from the managerial efforts of o:tbers througl) rental of
the st1bjeqt p.roperty. · · · ·
It is further acki.iQwledged that by e11;tering tQ• this Agreement. for Sal 1:111d Putehase, and t.lPQn clQ i,:p.g of this transaction, the Buyers. shall have th¢ absolute and sole discretioll to use the subject property in any manner that tbey<leern desirable, subject only to applicable restrictions, goverilillental regiilations and ordi ances.

,Buyer Date
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Buyer Date
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NO.induceinents.01 .03 .

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·• CONTRACTFORSALEANDPURCHASE OFREALANDPERSONALPROPERTY

THISCONTRACTFORSALEANDPURCHASEOFREALANDPERSONAL
PROPERTY (the "Contract") is made and entered into this . day of September, 2004, between Platinum Properties of Central Florida, Inc., ("Buyer"), a Florida corporation, and Michael M. Nanosky, not individually, but solely in his capacity as Court-appointed Receiver in the case of Old West Annuity and Life Insurance Company v. The Apollo Group, et al,
No. 03-CV-354 (M.D.Fla.), ("Seller").
, WITNESSETH:
WHEREAS, Buyer will become the record owner of fee simple title to real property located at 2711 South Highway 27, Lake County, Florida, whose legal description is set forth on Exhibit A hereto, along with all easements on and improvements thereto, and certain tangible personal property, a list of which is set forth on Exhibit B hereto, which together are hereinafter· referred to as the "Subject Property":

WHEREAS, Seller desires to sell and convey to Buyer and Buyer desires to purchase from Seller the Subject Property on the terms and subject to the conditions as more particularly set forth herein. ·

NOW, THEREFORE, for and in consideration of the premises hereof, the sums of money paid and to be paid hereundef, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do covenant, stipulate arid agree as follows, to wit:
1. Aereement to Sell and Purchase. Seller hereby agrees to sell and convey the Subject Property to Buyer and Buyer hereby agrees to purchase and accept (he Subject Property from_ Seller upon the terms and subject to the conditions set forth in this Contract.
  
  as
2. .Time for Acceptance. The terms and conditions set forth in this Contract shall be binding upon the parties if and only if this Contract is fully executed. The date of this Contract for purposes of measuring performance hereunder (the 'Effective Date") shall be the date when the last one of the Seller and Buyer has properly executed this Contract determined by the date below the signatures on the signature page.
3. Purchase Price and Method of Payment. Subject to credits, adjustments and prorations hereinafter set forth, the total purchase price for the Subject Property shall be the sum of $5,150,000 (hereinafter referred to as the "Purchase Price"). The Purchase Price, or such greater or lesser amount as may be necessary to complete the payment of the Purchase Price after credits, adjustments and prorations, shall be paid to Seller by Buyer at the time of closing hereunder by cash, wire transfer, cashier's check, or other immediately available funds.
4. Deposit. Not later than three business days after the Efective Date, Buyer shall make an Earnest Money Deposit in the sum of ONE HUNDRED THOUSAND AND NO/I 00 DOLLARS ($100,000.00) to Foley & Lardner, LLP, Tampa, Florida. Not later than fifteen (15) days after the Effective Date, Buyer shall make an additional Earnest Money Deposit in the amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) to Foley & Lardner, LLP, Tampa, Florida. The sums comprising the Earnest Money Deposit shall be non-refundable except
  
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  to the extent that the Seller defaults in its obligations under this agreement. Foley & Lardner LLP may continue to represent Old West notwithstanding that it is acting as escrow agent.
5. Representations and Warranties of Seller. To the best of Seller's knowledge and belief, and without inspection, Seller represents to Buyer and hereby warrants the following (the "Representations and Warranties"), each of which shall be true as of the Effective Date and as of the closing of the sale and purchase of the Subject Property:
  1. Seller has the power and authority to enter into this Contract and to consummate the transaction herein contemplated, and the execution and delivery hereof and the performance by Seller of its obligations hereunder will not violate or constitute an event of default under the terms or provisions of any agreement, document or other instrument to, which Seller is a party or by which it or the Subject Property is bound.
  2. The execution, delivery and performance of this Contract by Seller and the consummation of the transaction contemplated hereby in the manner contemplated herein will not violate any provision of any legal requirement to which Seller or the Subject Property is subject, or violate any judgment, order, writ, injunction or decree of any court applicable to Seller or the Subject Property.
    
    . c. All proceedings required to be taken by or on behalf of Seller to authorize it to make, deliver and carry out the tenns of this Contract have been duly and properly taken and this Contract is the legal, valid and binding obligation of Seller enforceable in accordance with its temis, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally.
    1. Except for consent of the United States and Old West Annuity and Life Insurance Company, or other matters to be completed as part of the closing of this Contract, no consent, authorization, license, permit, registration or approval of, or exemption or other action by, any governmentalor public body, commission or authority is ,r:equired in connection with the execution, d livery and performance by Seller of this Contract.
    2. Except for the case of Old West Annuity and Life Insurance Company v. The Apollo Group. et al, No. 03-CV-354 (M.D.Fla.), or as otherwise disclosed to Buyer, Seller has received no notice of any, and, to the best of Seller's knowledge, there are no, proceedings at law or in equity before any court, grand jury, administrative agency or other investigative body, or governmental department, commission, board, agency, bureau or instrumentality of any kind pending or, to the best of Seller's knowledge, threatened, against or affecting Seller or the Subject Property that (i) involve the validity or enforceability of this Contract or any other instrument or document to be delivered by Seller pursuant hereto, (ii) enjoin or prevent or threaten to enjoin or prevent the proposed development ·of the Subject Property or the·performance of Seller's obligations hereunder or (iii) relate specifically to the Subject Property or the title thereto, except for the banlcruptcyproceedingofin re The Apollo Group. No. 0f-41620 (USBC N.D. Ohio), in which the stay has been modified to allow the sale of the Subject Property.
    £ Except as expressly provided hereirt, Seller makes no representations or warranties as to the condition or status of the Property. THE PROPERTY SHALL BE SOLD AS IS WHERE IS AND WITH ALL FAULTS. SELLER l-IEREBY DISAVOWS ALL IMPLIED REPRESENTATIONS OF WARRANTY AND MERCHANTABILITY INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS FOR AP ARTICULAR PURPOSE AND ANY
    WARRANTIES OF MERCHANTABILITY. The Seller shall have·no obligation to perform any
    
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    repairs, "improvements, maintenance or other work to the Property or any part thereof. Seller hereby expressly disclaims any representations and warranties with respect to the Property, except as specifically set forth in this Agreement, and Buyer does hereby acknowledge that, in purchasing the Property, Buyer is relying only upon those representations of Seller set forth in this Agreement. Buyer hereby waives any claim it may have against Seller as to matters relating to the Property or Sellet including, but not limited to, Environmental Matters, of which Buyer has knowledge at the Closing.
6. Evidence of Title. Within twenty (20) days after the Effective Date, Seller shall obtain, at Seller's expense, and provide to Buyer, an ALTA Form B-1992 Commitment (with Florida modifications) (the "Commitment") for an·owner's title insurance policy (the "Title Policy") written on Commonwealth Land Title.Insurance Company (the "Title Company") in an amount no less than the Purchase Price evidencing that Seller has the power to transfer fee simple title to the Subject Property, free and clear of all liens, encumbrances, exceptions or qualifications whatsoever save and ex_cept for (a) the judgment lien of Camp Coast to Coast, Inc., and Affinity Group, Inc., notice of which was filed with the Lake County Recorder on March 19, 2004, (b) ad valorem real property taxes for the year of closing and subsequent years, and local zoning ordinances and regulations, (c) those exceptions.shown on Schedule B-2 of the Commitment, (d) those exceptions evidenced in writing as being otherwise acceptable to Buyer in its sole discretion, and (e) those exceptions to title which are to be discharged by Seller at or before closing. Seller shall pay all costs of any title search, examination or investigation, including the costs of premium for the Title Policy or Title Policies to be issued pursuant to the Commitment. The Commitment shall also evidence that upon the execution, delivery and recordation of th_e Receiver's Deed to be delivered at the closing provided for hereunder and the satisfaction of all · requirements specified in S hedule B, Section 1 of the Commitment, Buyer shall acquire fee simple title to the Subject Property.
7. Survey. Buyer has provided for a boundary survey of the Subject Property, which has been completed. Seller shall credit Buyer the sum of $15,000 at closing to reimburse the Buyer in part for the cost of that boundary survey.
8. . Possession and Risk of Loss. Possession of the Subject Property shall be surrendered by Seller to Buyer at the time of closing hereunder. Prior to the.surrender of possession, Seller shall commit or permit no waste, deterioration or destruction of the Subject Property, and shall bear all risk ofloss of whatever nature.
9. Condemnation of Subject Property. In the event that prior to closing all or any portion of the Subject Property, or access thereto, is condeli1ned, threatened to be condemned, or condemnation proceedings have been instituted by or on behalf of any public or quasi-public entity or for any public or quasi-public use or purpose, then, in the sole and absolute discretion of Buyer, Buyer shall have the option to: (i) terminate this Contract and receive a refund of the Earnest Money Deposit, or (ii) proceed with the closing and receive a credit against the Purchase Price of any award received or to be received (the rights to which award shall be assigned by Seller to Buyer at closing). ·

l 0. Conveyance of Subject Property. At the time of closing hereunder, Seller shall convey a fee simple interest and estate in and title to the Subject Property by Receiver's Deed (the "Deed"). The conveyance of the Subject Property shall be free and clear of all liens, encumbrailces1 exceptions or qualifications whatsoever, including the judgment lien of Camp Coast to Coast, Inc., a,nd Affinity Group, Inc., notice of which was filed with the Lake County Recor er on March 19, 2004, save and except only for ad valorem real property taxes for the year of dosing and subsequent years, local zoning ordinances and regulations, and the other exceptions set forth in Schedule B-2 of the Commitment referred to in paragraph _6.

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11. Conditions of Sale. Closing of the sale of the Subject property shall not take place unless (a) the United States of America and Old West consent to the sale of the Subject Property. on the terms set forth herein, and Old West agrees to release its lien that has attached to the Subject Property. and the United States agrees to issue a certificate of discharge of the Subject

Property from the federal tax liens, (b) Camp Coast to Coast, Inc., and Affinity Group, Inc., agree to release their liens that have attached to the subject property, and (c) the U.S. District Court for the Middle District of Florida enters an order approving the sale of the Subject Property to Buyer on the terms set forth herein. It1the event that any of the foregoing conditions are not met within

forty.,..five (45) days after the Effective Date, or by another date that is mutually agreed µ.pon by the Buyer and the Seller, then the Earnest Money Deposit shall be returned to Buyer, and the Buyer and Seller shall have no further obligations to each other.

1_2. Closinf:. The closing of the sale of the Subject Property shall take place no later

than forty-five (45) days after the Effective Date, and shall occur on such date at 10:00 a.m. in the offices of Foley & Lardner, LLP, Tampa, Florida, or at such other time and place as shall be mutually agreed upon between Buyer and Seller. At closing the Purchase Price for the Subject

. Property shall be paid, the Deed and other closing documents reasonably requir d by either party (including any appropriate and customary affidavits of Seller as assurance against the existence of outstanding rights which could form the basis for construction liens, unrecorded easements or claims of parties in possession, permitting the Title Company to delete the standard exceptions, including the "gap", pursuant to· Florida Statutes 627.7841, as amended, and complying with the Foreign Investment in Real Property Tax Act of 1980, as amended) shall be executed and delivere , and this Contract shall be closed.

- 13. Closine Costs. Seller shall pay for the cost of (a) all documentary stamp taxes, if any; that are required to be p d with respect to the Deed and other instruments of conveyance, if any and (b) the title search and Title Policy. Buyer shall pay for the cost of all recording fees with respect to those of the closing documents which are to be recorded (not including, however, the cost of recording curative title instruments, which costs are to be paid exclusively by Seller). Buyer shall also pay any title insurance loan policy premium. Each of the respective parties shall bear its own attorneys' fees. . · ·

Tax Prorations. All ad valorem real and personal property taxes shall be prorated as of the date Seller surrenders possession of the Subject Property to Buyer. If, however, the
· amount of such taxes for the year in which possession is surrendered cannot be ascertained, the rates, millages and assessed valuations for the previous year, with known changes, if any, shall be used as an estimate artd tax prorations based on such estimate shall, at the request of either party
.- made in writing by December 31; 2004, be readjusted between the parties when the actual tax bills for the year of closing ate received. Seller shall not be responsible for any increase in taxes which result from Buyer constructing improvements on the Subject Properly.
. Improvement Liens. Any liens for governmental improvements which are certified, ratified or con.firmed as of the date of closing shall be paid by Seller. Any liens for governmental improvements which are certified, ratified or confirmed after the date of closing shall be paid by Buyer; Notwithstanding the foregoing, with respect to any certified governmental liens that are payable in installments, Seller shall only be responsible to pay those installments that become due prior to the date of closing and Buyer shall be deemed to have assumed all subsequent installments. - .
Default.
1. If Buyer fails to perform any of the covenants and agreements set forth in this Contract on its part to be performed within the time or times specified herein, the Earnest Money
  
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  Deposit theretofore paid by Buyer shall be paid to Seller as consideration for its execution of this Contract and in full settlement of, and as liquidated damages for, any and all claims for damages occasioned by Buyer's default; and upon such payment this Contract shall terminate and become
  · null and void, and Buyer shall thereby be released from any and all further liability or obligation under this Contract. ·
2. If Seller fails to perform any of the covenants and agreements set forth in this Contract on its part to be perfonned, the Earnest Money Deposit shall, at the option of the Buyer, be returned to Buyer on·demand and upon such return this Contract shall terminate and become null and void, or in lieu of the return of the Earnest Money Deposit, Buyer may proceed in equity to seek specific performance of Seller's obligations hereunder, which right is hereby specifically granted by Seller to Buyer notwithstanding that Seller does not and shall not have the reciprocal right to demand or enforce specific perfonnance by Buyer. · ·
3. The parties agree that the remedies provided for hereunder shall be the exclusive and complete remedies available to them in the event of breach of this Agreement.

· 17. Assignability. This Contract shall not be assigned by either party without the written consent of the other party, except that Buyer may elect to take title iri the form of another limited liability company under control of the same parties or entities who hold control of Buyer..

Litigation and Attorneys' Fees. If it shall be necessary for either party to this Contract to bring suit to enforce any provisions hereof or for damages on account of any breach of this Contract, the substantially prevailing party on any issue in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any other relief granted as a result of such litigation, all costs and expenses of such litigation and a reasonable. attorneys' fee as fixed hy the court.
Time of Essence. Time is of the essence of this Contract and in the performance of aU conditions and covenants to be performed or satisfied by either party.hereto. Waiver of' performance or satisfaction of timely performance or satisfaction of any condition or covenant by one party shall not be deemed to be a waiver of the performance or satisfaction of any other condition or covenant unless specifically consented to in writing.. Whenever a date specified herein shall fall on a Saturday, Sunday or legal holiday, the date shall be extended to the next
. su.cceeding business day. ·
Counterparts. This Contract may be executed in one or more duplicate . . counterparts, each of which shall when taken together be deemed to be a fully executed original.
Captions and Paraliaph Headines. Captions and paragraph headings contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope or content of this Contract nor the intent of any provision hereof.
Governing Law and Binding Effect. The interpretation and enforcement of this Contract shall be governed by and construed irt accordance with the laws of the State of Florida and shall bind, and the benefits. and advantages shall inure to and be enforceable by, the Buyer and Seller, as well as their respective personal representatives, heirs, successors and assigns. Whenever used, the singular name shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. ·
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 tirrte. Levels of radon that exceed federal and state guidelines have been found
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in butldings in Florida. Additional information regarding radon and radon testing may be obtained
· from your county public health unit.
Survival of Obligations. Any provisions of this Contract which (i) by their terms imply obligations or commitments intended to survive the closing, (ii) are not expressly intended by the parties to be incorporated in the deed or (iii) which call for .acts beyond the mere conveyance of title and placing of Buyer in possession of the Subject Property conveyed, shall expressly survive any closing under this Contract and shall not be merged into the deed ot deeds conveying the Subject Property to Buyer.
Inteerated Contract, Waiver and Modification. This Contract represents the complete and entire understanding and agreement between and among the parties hereto with regard to all matters involved in this Contract and supersedes any 1;1.lld all prior or contemporaneous agreem nts, whether written or oral. This Contract may not be modified·or
amended, nor may any provision contained herein be waived1 except in writing signed by all parties.
Relationship of the Parties. Nothing contained in this Contract is intended to, or shall, or shall be deemed to, create a joint venture or partnership of any kind between the parties hereto, or any relationship other than that of a seller and buyer of the Subject Property. In no
event shall Buyer have any liability or obligation whatsoever with respect to any debts, obligations . or liabilities of the Subject Property or of the Seller unless and until Buyer shall become the owner of Subj ct Property and then only with respect to the Subject Property.
Further Assurances. In addition to the obligations required to be performed hereunder by Seller, Seller agrees to perform such other acts, and to execute, acknowledge, and deliver subsequent to the closing such other instruments, documents and other materials, as Buyer may reasonably request in order to effectuate the consummation of the transaction contemplated herein and to vest title to the Subject Property in Buyer. . .

IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day and year first above written.

"Buyer"

Executed on:_q_/_t_P..!._.\)_"1

Executed on: S€PT ·.J , o V

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The South Half of the Southeast quarter of the Northeast Quarter, LESS the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 27, Township 24 South, Range 26 East, Lake County, Florida, and LESS the right of way of State Road No. 474.

ALSO

. The North Quarter of the North Half of the Northeast Quarter of the Southeast Quarter of Section 27, Township 24 South, Range 26 East, and the South Half of the Southwest Quarter of the Northwest Quarter of Section 26, Township 24 South, Range 26 East, Lake County, Florida, LESS the right of way of State Road No. 474, and that part of the South Half of the Southeast Quarter of the Northwest Quarter lying West of U.S. Highway No. 27, in Section 26, Township 24 South, Range 26 East, Lake County, Florida, LESS the right of way of State Road No; 474 and the North Quarter of the North Half of the North Half of the Southwest Quarter lying West of U.S. Highway No, 27 in.Section 26, Township 24 South, Range 26 East, Lake County, Florida, LESS the following described parcel of land:

Begin at the intersection of the Southwesterly right of way line of U.S. Highway No. 27 and the South right of way line of State Road No. 474; run thence Westerly 800 feet along saidSouth right of way line of State R,oad No. 474; thence run 300 feet Southeasterly and parallel to the Southwesterly right of way lirte of U.S. Highway 27i thence run 400 feet Easterly and parallel to the South right ofwayline of State Road No. 474; thence run Southeasterly and parallel to the Southwesterly right of way line of

U.S. Highway No. 27 to the South boundary of the North Quarter of the North Half of the North Half of the Southwest Quarter of Section 26, Township 24 Sotith, Range 26 East; thence run Easterly on the South boundary of the North Quarter of the North Half or the North Half of the Southwest Quarter of said Section 26, to the Southwesterly right of way line of U.S. Highway No. 27; thence Northwesterly along said Southwesterly right of way to the Point ofBegipning. All in Lake County, Florida (lrnown as "Sunshine I!oliday Camper Resort"). ·

Together with that 50 foot ingress and egress and sign easement according to the terms and conditions and covenants contained in that certain Easement Agreement and Grant as amended dated March 3, 1978 and recorded in Official Records Book 648, pages 2464 through 2475, public records of Lake County, Florida. ·

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UNITED STATES-DISTRICT.COURT FOR THE MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

OLD WEST ANNUITY AND LIFE

INSURANCE COMPANY.

Plaintiff.

-vs-

THE APOLLO GROUP. a California Corporation: HANS Y'}. SCHULTZ, Trustee of the Schultz Family

.Trust. Dated 1-1-88: TRAVEL AMERICA, INC., a Deiaware Corporation; TENANT 1: TENANT TENANT 3; and TENANT·4,

Defendants.

)

) .

)

2; )

)

) )

CASE 03-CV-354-

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UNITED STATES OF AMERICA. )

)

. .:-,

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-vs-

Plaintiff. )

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-·,

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THE APOLLO GROUP. OLD WEST )

ANNUITY AND LIFE INSURANCE )

COMPANY, GUARDIAN CREDIT ) CORPORATION, STEVEN M. WALDMAN, ) PATRICIA M. WA+,DMAN. AND )

LAKE COUNTY. FLORIDA )

)

Defendan.ts. ) )

OATI-I OF RECEIVER

STATE OF FLORIDA

COUNTY OF LAKE

Before _me, the undersigned authority. personaily appeared MIQ-IAEL M. NANOSKY. who was sworn and says that he has been appointed receiver in this action for the property of '-"'"'"" ,dant and that he Will faithfully perform b?.ties ·

EXHIBIT_. I

PAGE 6?

Mich 1 M. Na osky_

Z"' -. iiU,Vi iSTF A f \\/t: COMPLAINT

EXHiBlT #. ';? Lj

PJ-\GE _(7-j-_ --- 0-.F 04.JT

)

i •

sworn to and subscribed before me on

ra\ EriclGlaz«

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• MyCO!ffl1isslon001ffl20

Exp4tesNovember07 2

Personally Known _X_ OR Produced Identification Type of Identification Produced -- -- ---

The undersigned certifies that furnished to all counsel of record by

has been

2004.

E ic L. Glazer

230 Corporate Blvd. NW.

Suite 232

Boca Raton. FL 33431

Bar No.:·998575 561-997-2325

Attorney for Receiver

H3iT #-=:)..:.. _

- A.UiVlli\llSTRATIVE

COMPLAINT

•:,?,.[ 9'

OF _

PURCHASE CONTRACT

PLATINUM PROPERTIES OF CENTRAL FLORIDA, INC.

This Purchase Contract ("Contract") is made on the date set forth below by and between the seller/developer, Platinum Properties of Central Florida, Inc., a Florida corporation, whose address is 215 Celebration Place, Suite 500, Celebration, Florida 34747 ("Seller") and the undersigned buyer(s), hereinafter referred to as "Purchaser:"

Date: April 28, 2005

Tuan A. Vu

Purchaser Name(s)

109 San Benancio Rd.

Purchaser Address

Salinas CA. 93908

City State or Country ZIP

Home Telephone No.

\()b-5terx I X f ½c:J1W\l \ Lt,v'lll

E Mail -..

Work Telephone No.

714-552-1808

Mobile Phone No.

Purchase and Sale of Property. Subject to the terms and conditions contained in this Contract, Purchaser hereby agrees to purchase and Seller hereby agrees to sell to Purchaser that certain real property described as:

Lot 15 ("Lot" or "Property") as shown on .that certain plat of Winslow Estates to be recorded in the Public Records of Polk County, Florida ("Plat"), as such property may be replatted from ti..m,e to time or as such Plat may be revised or amended, subject to easements and restrictions of record (although this reference thereto shall not act to reimpose same), having a street address of TBD and to be improved with a house model identified as -C-am-brid-ge=-----------
Closing. Closing of the sale of the Lot will be scheduled as soon after completion of construction of the improvements on the Lot and issuance of a certificate of occupancy, a VA Final Compliance Inspection Report, or a final inspection report by the applicable governmental agency therefor (collectively, the "Cerlificate"), to be determined by Seller in Seller's sole discretion, upon obtaining the Certificate. The closing of the purchase and sale of the Property shall be on a date designated by Seller by not less than five (5) days' previous notice to Purchaser, which notice may be given prior to completion of construction or prior to issuance of the Certificate.

SOLICITORS, 58220,00001, 100641817.3,

New Homcbuycr Purchase Agreement 11/18/04 1:09 PM

Page 1 of 16 Initials: ·J]\/

L ,;; !1"<.i·\l I \It COlVlit'LAl.Nl

-----OF _

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)

· CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the following by regular U.S. Mail to Douglas W. Snoeyenbos, Esq., U. S. Department of Justice P. 0. Box 55, Ben Franklin Station, Washington; D.C. 20044 and to Travel America, Inc., c/o Raymond Novelli, Registered Agent, 17672 Cowan Avenue, #B, Irvine, California 92614; The Apollo Group, c/o Stephen D. Milbrath, Allen, Dyer, Doppelt, Milbrath & Gilchrist, ·P.A., 255 S. Orange Avenue, Suite 1401, Orlando, FL 32802-3791; Hans W. Schultz, Trustee of the Schulz Family Trust,. dated 1/1/88, 17672

. Cowan Avenue, #B, Irvine, California 92614; Hans W. Schultz, Trustee of the Schulz Family Trust, dated 1/1/88, 3 Manchester Court, Coto De Caza, California 92679, and

Gary Merritt and Fran Merritt, 1411 South Highway U.S. 27 Clermont, FL 34711, this

JI day of March 2004.

Florida l3ar No. 0352756 · FOLEY & LARDNER LLP

100 N. Tampa Street Suite 2700 ·

Tam.pa, Florida 33602

(813) 229-2300 .

Attorneys for Old West Annuity and Life Insurance Company

005.329859.1

JJ,UM!\\l\STRATIVE COMPLAINT

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PLATINUM PROPERTIES OF CENTRAL FLORIDA, INC. PURCHASE AGREEMENT

THIS DOCUTv.iENT HAS IMPORTANT LEGAL CONSEQUENCES AND SHOULD BE READ THOROUGHLY PRIOR TO SIGNING IT. IF YOU HAVE ANY..QUESTIONS ABOUT YOUR RIGHTS OR RESPONSIBILITIES UNDER THIS PURCUASEAGREEMENT, YOUMAYWISHTOCONSULT AN ATTORNEY FOR LEGAL ADVICE PRIOR TO SlGNING IT.

THIS PURCHASE AGREEMENT (this Purchase Agreement) is entered into on the 14th . Day of September 2004 by and between

PLATINUM PROPERTIES OF CENTRAL FWRIDA, INC., a Florida corporation (the Seller), whose mailing address is 1506 Elfstone Court, C selberry, FL32707,

and Kevin Phillip Batson , (the Purchaser) ·

and Stella Pauline Batson , (the Purchaser) whose mailing address is 13 Mabledon- Close, Heald Green. Cheadle, SK8 3DB

, Coµntry is UK , and whose telephone number 01614363076

Home, and whose business telephone number is _._ And whose e-mail address is Kevin.batson@sun.com

The term Contract shall for all purposes include all Addenda attached hereto, if any, and all written Change Orders made with respect to this contract, if any.

S ller agrees to sell to the Purchaser and Purchaser agrees to buy from the Seller the house and lot descnoed below (the Property), upon the terms and conditions of this Contract:

Description of Property:

Lot Number 255

Plat Book/Page of Subdivision County Polk

Subdivision Winslow Estates IBD./ J13D

Florida Zip TBD.

House Plan: Street:

Cambridge TBD

Elevation:

Page I of 15

ADl'/\IN\STRATlVE COMPLAINT.

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ii.

Base Price of House	$ 299,900.00
Lot Premium	$ 0.00
Price of Options	$
Upgrades and additions will be added in a separate Addendum
to this contract
PURCHASE PRICE:	$ 299,900.00
Initial Deposit delivered to seller by:	$ 5,000.00
21st September 2004
(Including initial intent to purchase deposit)	$ 0.00
Additional Deposits to be delivered to seller no later than:	$ 27,490.00
10% -10th Oc;t 2004 Then 10% 10th Nov 2004	29,990.00
Percentage to be mortgaged 80.00%
Mortgage Type: _ Conventional FHA VA	$ 239,920.00
(insert zero if cash deal) (Cash buyers see 1 a for cash draw
elates)
Balance due at closing to be paid by cashier's check from a	$ 0._0_0
Florida Bank made payable to the party designated by Seller (actual ash balance due at closing will be adjusted for •
Credits, prorations, Closing Costs and additional charges

. for Extras, if any)

TOTAL PURCHASE $ 299,900.00

:n

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PAYMENT OF PURCHASE PRICE:
1. CASH PURCHASE: In the event that this greement is a sale for all cas the Purchaser agrees to make the following deposits to e Seller directly:
  1. Full payment for the pric of the lot (including any lot premium qurred by Seller for specific lots) as designated abo plus twenty percent (20%) oftbe pri ofthehouse construction, :including options select by Purchaser, payable to Seller at 1· of the Purchaser's execution ofthis Agreement and ·vered directly to Seller, in the amount I:
  2. ditional twenty five (25%) of the price o e house construction, including options selecte y Purchaser, shall be paid by Purchaser to eller at the time underground plumbing (r gh plumbing) and monolithic slab is comp ely installed, inspected and approved by local gov. · g building inspection department. Such ount is:
    $
  3. Additional twenty five (25 percent of the price of the house construction, including options selected by Purchaser, s 11 be paid by Purchaser to Seller at the time the stru ture is framed, rough wiring is· ed, rough heating/cooling, and second phase of plumbing has been completed, inspe ed and approved by the governing building inspe department. Such amount is:·
    
    (4) Additi al twenty five (25%) of the price of the house co ction, including
    options selected by baser, shall be paid by Purchaser to·Seller at the·t
    e the structure has
    
    .
    drywall installed, · such installation completed, inspected and appro ed by the governing building inspect· department, in the amount of:
    L $
    . (5) The bal ce of e purchas: price, repr enting v (5%) percent ofth Pure shall be pmd at the tnne a Certificate o ccupancy IS ISSUed by the govemmg b1Jifding inspection department, in th amount of: ·
    f
    
    TOTAL PURCHASE PRICE
    $
    
    $_, ...
2. IF MORTGAGE FINANCING IS TO BE OBTAINED:
  
  Payment due dates and amounts shall be made in such amounts, proportions and on such due dates as are specified above, except that the obligation of Purchaser to pay such deposits shall be contingent upon the approval of the mortgage·loan to be procured by Purchaser for this purchase,
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  A,L)lVI , .h1•I<' T.RA TI VE COMPLAII\T
  Page 3 of 15 \ I
  EXHIBIT #-21:
  P.AGE _
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  and adjusted, but only with Seller's prior consent, to meet the draw schedule of the Lender, as
  approved by Seller upon review.
  
  Additional Points of Agreement between the parties,
  if applicable: ------------------ ,-----
CONSTRUCTION: For the total Purchase Price specified above, Seller agrees to complete construction of a house·on the Property substantially in accordance with the plans and specifications of the House Plan or House Model Number designated in this Purchase Agreement by the Purchaser, on file at the Seller's office as of the date of this Purchase Agreement, as soon as practical, subject to availability oflabor, supplies and government regulations. Seller may make changes to the plans and specifications as it deems appropriate at any time as may be required by a lender, governmental agency having jurisdiction over the property, o:r otherwise, which changes shall not materially affect the value of the property, and any such changes by the Seller shall not constitute grounds for Purchaser failing to close this transaction nor shall such changes constitute grounds for any claim against the Seller.
1. Certain iteinS displayed in the models, such as decorator items, extra fencing, special landscaping and any othei: items displayed for merchandising or marketing purposes are not standard construction items and are therefore not iilcluded in this Purchase Agreement. In the event of any conflict between the Seller's models and the plans and specifications for the home to be constructed, the plans and specifications shall control Identification of such items should be obtained from Seller's sales representatives by Purchasers.
2. The home may be constructed as a reverse (" mirror image:) of that illustrated in the floor plan of the applicable model as shown on sales and promotional material of the Seller, or as sh.own on an existing model of the home. Purchaser agrees to accept the home as·sited by the Seller and as constructed according to a standard or reverse floor plan.
  
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3. The Seller estimates that the home will be substantially completed on or about one hundred twenty (120) days from the time a building permit is obtained from the county in the State of Florida having jurisdiction. Purchaser, however, acknowledges and agrees that this estimated completion date is given to Purchaser for convenience only and is . subject to change from time to time, for any reason, and without creating any liability to. Seller as a sult of a longer completion period or delay in completion date.
4. The construction of the home shall be, without exception, considered complete upon
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  thissuance of a Certificate of Occupancy, VA Final Compliance Inspection Report, or its equivalent by the appropriate governmental agency.
BROKERAGE: The parties acknowledge that this sale was brought about solely by Broker: 1st American Homes, Inc. the sales representative and agent of the Seller and no outside real estate broker, realtor or real estate salesman or associate was the procuring cause of this sale, except for _,herein called the Co-operating Broker,- registered real estate broker, who is entitled to a sales commission to be paid in fi.tll by Seller pursuant to a separate agreement with Seller.
APPLICATION FOR LOAN: If a mortgage loan is to be obtained, Purchase shall within five days from the date hereo:C apply fur a loan to a lender approved by Seller in the above sum , the proceeds of which shall be paid to Seller at time of closing. The responsibility for procuring a loan is assumed solely by the Purchaser, who shall execute all documents necessary in connection with the loan applic<1.tion and shall ,provide loan processors with all information and
documents requested which may include, but shall not be limited to, income tax re , W-2 forms required by the Internal Revenue Service, pay stubs, divorce judgments and a list of creditors and a fully completed, truthful loan applicatioIL Purchaser shall pay for all credit report
and applications fees requested by lender selected by Pwchaser. Purchaser's failure to comply with this provision shall constitute a default, in which event the total deposits paid he eunder by Pu.rchaser shall be retained by Seller as liquidated damages and this Purchase agreement shall become null and void. If Purchaser is married and his/her spouse has not signed this Agreement, then Purchaser shall bear the responsibility of procuring Llie cooperation of hisfner spouse and guarantees to the Seller that such spouse will execute the mortgage loan documents as reqwed by the mortgage lender, and the failure of the Purchaser to procure the cooperation and required signature of such a spouse to the procurement and perfecting ofa mortgage, shall constitute a default hereunder, entitling Seller to retain all deposits previously posted without further liability to the Purchaser under the terms of this Purchase Agreement. The failure of such a spouse to execute the loan application or loan closing documents shall not, under any circumstances, be deemed a contingency or condition of this Purchase Agreement, and the Purchaser shall remain liable under the terms hereof, individually, regardless.
REJECTION OF LOANS: In the event Purchasers loan application is rejected by a lender, the Seller may attempt to procure financing for the Purchaser's needs on Purchaser's behalf In the event such an alternate lender also declines to provide :financing for Purchaser's needs to perform this Agreement, then this Purchase Agreement s_hall automatically tenninate and upon Purchaser's execution of a,Cancellation Release form provided by Seller, Purchaser's earnest money shall be returned to Purchaser and this Agreement shall become null and v_oid and all parties hereto shall be released from further obligations hereunder.,
FHA LOANS: In the event an FHA loan is to be obtained by Purchaser, it is expressly agreed that notwithstanding any other provisions hereof: the Purchaser shall not be obligated to complete the purchase of the property descn"bed herein or to incur any penalty by forfeii:u.re of_

Inltiab
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G PageS of IS AUiVi\NlSTRATlVE COMPLAINT
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earnest money deposits or otherwise, unless the Seller bas delivered to the Purchaser a Vvn.tten statement, issued by the Federal Housing.Commissioner of the United States of America, setting forth the appraised value of the property (excluding closing costs) of not less than the purchase price, which statement the Seller hereby agrees to deliver to the Purchaser promptly after such appraised value statement is made available to the Seller. The Purchaser shall, however, have the
privilege and option of proceeding with the consummation of the Agreement without regard to the amount of the appraised valuation made by the Federal Housing Commissioner. THE
APPRAISED VALUATION IS ARRIVED AT TO DETERMINE THE MAXIMUM MORTGAGE THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WILL INSURE. THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DOES NOT WARRANT THE VALUE OR CONDITION OF THE PROPERTY. THE PURCHASER SHOULD SATISFY HIMSELF/HERSELF THAT THE PRICE AND THE CONDITION OF THE PROPERTY ARE ACCEPTABLE.
VA LOANS: In the event this sale is predicated on a VA loan, it is expressly agreed that notwithstanding any other provision of this Agreement, the Purchaser shall not incur any penalty by forfeiture of earnest money deposits or otherwise be obligated to complete the purchase of the property described herein, if the purchase price or cost exceeds the reasonable value of the property establish d by the Veterans Administration. The Purchaser shall, however, have the
privilege and option of proceeding with the consummation of this Agreement without regard to the amount of the reasonable value established py the Veterans Administration. If VA :financing is unavailable, the veteran will be refunded his down payment or earnest money deposits, other provisions of tl-..is Purchase Agreement notwithstandi.11.g.
DEPOSITS: THE BUYER OF A ONE-FAMILY RESIDENTIAL DWELLING
.UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP TO TEN PERCENT (10%) OF fflE PURCHASE PRICE) DEPOSITED IN AN INTEREST-BEARING . ESCROW ACCOUNT. THIS RIGHT MAYBE WAIVED, IN WRITING, BY THE
PURCHASER. When money has n placed ·lit an interest bearing account pursuant to this
provision, the Seller shall be entitled to all interest accrued by the account, payable to Seller at closing. By execution of th.is Agreement, Purchaser hereby waiv s any right to claim such interest generated from any such interest bearing escrow account. Further, the Purchaser specifically
waives the right to have the deposit funds deposited into an Escrow Account, agreeing that all deposits will be paid directly to the Seller, without limitation.
CLOSING DATE: The closing date will be scheduled as soon after completion of construction of the home and issuance of a certificate of occupancy, a VA Final Compliance
· Inspection Report, or a final inspection report is issued by the appropriate governmental agency having jurisdiction of the property, to be determined by the Seller, in Seller's discretion, upon obtaining such final report or inspection or certificate. The closing of the purchase and sale ofth property shall be on a date designated by Seller by not less than five (5) days previous notice to Purchaser, which notice may be given prior to completion of construction or prior to the final
(t-11 . ,
p..(;.. ..-
- q report or certificate of occupancy being issued.. The fat that items of construction, which d not
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AIJi\/llN!STRATIVE
EXHlBIT #
PA,GE "

COM.PLAINT
O_F _

£feet the issuance of a certificate of Occupancy, and which are included in Seller's Wa..rranty (minor items) remain to be performed or completed, shall not permit Purchaser to delay or refuse to close, and any delay or refusal by Buyer to close after receiving notice of the closing date designated by Seller, shall constitute a default hereunder by the Purchaser, upon which the total deposits paid hereunder shall be retained by Seller as liquidated damages and this Agreement shall become null and void.
ENTRY ON THE PROPERTY: Prior to closing, Purchaser shall not enter onto the property without Seller's prior consent. Any entry on the property by Purchaser shall be at Purchaser's own risk. Purchaser waives any and all claims against the Seller for any injury or loss resulting from such entry by Purchaser or any other person accompanying Purchaser... Purchaser agrees to indemnify Seller from and against any claims arising out of or in connection with any such entry. Purchaser may not store any goods or possessions on the property prior to closing.
CONVEYANCE: Upon completion of construction and upon satisfactory performance by the Purchaser of the conditions set forth in this Purchase Agreement, Seller shall, at the closing, convey to the purchaser title to the property by general warranty deed. The Purchaser shall take title subject to all:- (a) zoning and/or restrictions and proln"bitions imposed by governmental authority(ies), (b) recorded covenants and restrictions appearing of record or on the plat of the property, (c)drainage or wall or landscaping easements of record (d) tax.es for the year of closing; and (e) municipal service lien assessments (f) utility easements of record or (g)other matters descnbed in this Purchase Agreement, including all addenda attached hereto. Documentary stamp taxes and required recording fees to place said deed on the Public Records of the county in which the subject land is situate shall be paid by the Purchaser. All costs of procuring a mortgage shall be paid by the Purchaser.
PLACE OF CLOSING: Closing shall take place at a time and place designated by the Seller. At closing, the Purchaser shall pay any funds due Seller by cash, cashier's check or wire transfer in United States currency.
EXPENSES OF CLOSING: Purchaser shall: (1} make, execute and delivery any and all documents; mortgages, notes_or other instruments required to close this transaction (2) satisfy all requirements of any mortgage lender, if applicable, which are conditions of funding any mortgage loan (c) be responsible for, and pay, all costs and expenses of obtaining a mortgage loan for this purchase including, but not limited to, documentary stamps on the promissory note and deed, mortgagee title insurance, intangible taxes, cost of mortgagee title insurance endorsements required by lender, recorded the mortgage and deed, loan fees, lender's attorney's fees, points, discounts, and any and all other costs and expenses required by lender to obtain a mortgage loan for Purchaser through lender, unless otherwise agreed to in writing by the Seller (d) Purchaser shall pay, in addition to the purchase price, all closing costs associated with this transaction, including documentary stamps on the deed, cost of survey, recording of the deed, any required homeowners association contnoutions, all title insurance premiums, and all other closing costs
arising out of this transaction, unless otherwise agreed in writing by the Seller.
Initials
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TAXES ON REAL ESTATE AND HOMEOWNERS ASSOCIATION ASSESSMENTS: Real estate taxes for the year of closing, and current homeowner's association. assessments shall be prorated as of date of closing, based upon the then most current information available.
INTERSTATE LAND SALES FULL DISCLOSURE ACT: Notwithstanding anything
· to the contrary set forth in this Purchase Agreement, Purchaser shall have the remedy of specific performance in the event Seller fails to foi:fiil its obligations to deliver the property within two
(2) years from the date hereof, it being understand that such right is being given to the Purchaser if (and only if) necessary for the sale of the property being sold under this Purchase Agreement to be exempt from the Interstate Land Sales Full Disclosure Act by reason of the provisions of
14 United States Code section 1702(a)(2).
COVENANTS AND RESTRICTIONS:

D MARK HERE, if: A homeowners association exists for the subject property, or if membership will be required in one to be established by the Seller or Seller's successors and/or assigns. By initialing here:                            (Purchaser initials) and
--          (Additional Purchaser's initials), the Purchasers acknowledge receipt of
copies of the Declaration of Covenants and Restrictions, if they have been provided to the Purchaser at or before the Purchaser's signing of this Purchase Agreement. Seller reserves the right to modify or amend any of these doctL nts without the consent of: or notice to, the• Purchaser, provided that such modifications do not materially and adversely alter or modify the· Purchaser's rights or responsibilities under such documents. The Purchaser hereby certifies that he/she has.been :informed by Seller that he/she should read·and understand the covenants and exhibits provided by the Seller, including the bylaws of any applicable homeowners association, and Purchaser agrees to be bound by the terms thereof: without exception.
D MARK HERE, if: No homeowners has been established for this subdivision; however, the Seller has encumbered the property with deed restrictions and Purchaser has been given a copy of the restrictions . By initialing here:                                 (Purchaser initials) and
--- ----(Additional Purchaser's initials), the Purchaser(s) acknowledges that he/she has read, understands and agrees to be bound by the terms thereof:

BMARK HERE, if: No homeowners association ·or deed restrictions currently encumber this subdivision.
ASSIGNMENT: Purchaser may not assign this Purchase Agreement.

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COMPLAINT.
AD':'. \ '. N \!:::i I RATIVE
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LIMITED ONE YEAR WARRANTY:

(a) BUILDER WARRANTY: Seller warrants the construction of the house against defects in workmanship and materials for a period of one (1) year from the closing date, but only in accordance with, and as limited by, Seller's new Home Warranty, which Seller shall deliver to purchaser at closing. The Seller's obligation under this warranty is limited to repairs and· repJacement. This is the only warranty provided by Seller with respect to the property. As to
items not of Seller's manufacture, such as any arr conditio water heater, refrigerator, rw..ge, .
dishwasher, and other appliances or equipment or consumer products as defined by the Federal Trade Commissio Seller agrees to transmit to Purchaseithe manufacture's warranty regarding such items without recourse. SELLER MAKES NOW ARRANTY FOR SUCH ITEMS.
THE HOMEOWNERS WARRANTY SUPPLIED BY THE SELLER IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING UNDER THE LAWS OF THE STATE OFF FLORIDA OR ANY OTHER APPLICABLE LAW OR ACT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY OR H,ABITABILITY, ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS PURCHASE AGREEMENT.
LIMITATION OF LIABILITY: IT IS UNDERSTOOD AND AGREED THAT SELLER'S LIABILITY, WHETHER IN CONTRACT OR IN TORT, FOR NEGLIGENCE OR BREACH OF WARRANTY, IS LIMITED TO THE REMEDY PROVIDED IN THE HOl"dE WARRANTY DELIVERED BY SELLER TO PlJRCHASER AT TIME OF CLOSING. SUCH A WARRANTY IS LIMITED TO REPAIR AND REPLACEMENT OF DEFICIENT PARTS OR WORK. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES' BEYOND THE REPAIR AND REPLACE OF DEFICIENCIES DURING THE INITIAL ONE YEAR PERIOD FOLLOWING THE DATE OF CLOSING, INCLUDING WITHOUT LIMITATION, ANY DAMAGES BASED UPON A CLAIMED DIMINUTION IN THE VALUE OF THE HOME, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WARRANTY EXCLUSIONS: Seiler shall 1ino case be responsible for damages to a home which are not caused by the Seller or its employees, agents or subcontractors, but which resuh from acts of God or catastrophes of nature, including, but not limited to, fire explosions, smoke, water, landscape failure, or changes which are not reasonable foreseeable in the level of the underground water table, sinkholes, glass breakage, windstonn, bail damaee, lightning, falling trees, aircraft, vehicles, flood or ·earthquake damages. Seller shall be responsible for damages to a house caused by activities which take place on parcels of land adjacent to, or in close proximity to, the homesite, including, but not limited to, damages caused by nearby toxic waste sites, overhead electric power or utility lines, airport activities or :functions, or mining or farming operations.
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ENVIRONMENTAL CONDITIONS: SELLER MAKES NOW ARRANTIES, EXPRESS OR IMPLIED, ABOUT THE EXISTENCE OF, OR FUTURE DEVELOPMENT OF, ENVIRONMENTAL CONDIDONS ON THE SUBJECT PROPERTY, INCLUDING POSSIBLE PRESENT OR FUTURE POLLUTION OF THE Am, WATER OR SOIL, FROM ANY SOURCES, SUCH AS UNDERGROUND MIGRATION OR SEEFAGE (INCLUDING RADON GAS). SELLER'S SOLE WARRANTY TO PURCHASER IS THE LIMITED EXPRESS WARRANTY DESCRIBED IN THIS PURCHASE AGREEMENT, SELLER EXPRESSLY DISCLAIMING ANY LIABILITY FOR ANY TYPE OF DAMAGES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, WHICH HOUSE OR REAL ESTATE, OR ITS INHABITANTS, MAY SUFFER BECAUSE OF ANY EXISTING OR FUTURE ENVIRONMENTAL CONDITIONS.
RADON GAS: Radon is a naturally 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 Florida, of the
U.S.A Additional information regarding radon and radon testing.may be obtained from the County Public Health Unit in which the subject property is situated pursuant to Section 404.056(8) of the Florida Statutes.
CHANGE ORDERS: In the event that, within seven (7) days after execution of this
·Purchase Agreement, Purchaser desires to make changes to the house plan or specifications as set forth in any addenda to this Purchase Agreement, Purchaser may request Seller to enter into an
agreement , called a Change Ordern, for such Ghanges. In no event shall Seller be required to
enter into any such Change Order or other amendment to the Contract. However, in the event Seller agrees to the Change Order , it shall specify in detail the requested change, it shall be in writing and shall be signed by both Purchaser and Seller to be binding. Each change subsequent to the contract execution date may add five (5) additional days to the date of delivery of the completed home and the Purchaser will be charged a $250.00 processing fee per change order, which amount shall be due at the time the change order is agreed to by the Seller. No work shall be performed by any contractor or subcontractor not hired directly by the Seller or General Contractor acting on the Seller's behalf. No change orders will be entertained more than seven
(7) days after the date of execution of this Purchase Agreement, unless Seller, in Seller's sole
discretion, specifically agrees otherwise. Seller sba1l not be required or obligated to make any changes to the house unless Seller has consented in writing to such changes, which consent may be withheld by Seller in its sole and absolute discretion. If, for any reason other than a default of the Seller, there is no closing, there will be NO refund paid to the Purchaser with respect to any
.. Change Orders or fees related .

,a,
:2°
:.XHIBIT 1
.DAGE
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ADDENDA AND EXHIBITS: Purchaser and Seller acknowledge that the Addenda and Exhibits referenced below, attached to this Agreement and bearing the signature or initials of the Seller and Purchaser are hereby made a part of this Agreement:
D 1. Options available to Purchaser
D 2. Color Selections of Purchaser
0 3.
D 4. _ Os. _ 06. _
PREPAID ITEMS AND ESCROWS: Certain prepaid items a.t?-d escrows shall be paid or funded by the Purchaser at closing. These prepaid items and escrows include the paym nt of first year hazard insurance premi payment of interest on mortgage loan :from closing date until the first day of the following month, funding escrows for real estate taxes, hazard insmance and mortgage insurance premiums and homeowners association transfer or initiation fees. If a homeowners association has been formed for the subdivision in which the property is located, prepaid items will include an initial fee to join such associated and prorated annual assessments for the year of closing as charged by the applicable homeowners association.
. NOTICE AND RIGHT TO CURE: FLORIDA 1..AW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE ANY ACTION AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PllOFESSIONAL :FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME,
· SIXTY-(60) DAYS BEFORE YOU FILE THE ACTION YOU MUST DELIVER TO THE CONTRACTOR, SUBCONTllACTOR, SUPPLIER OR DESIGN PROFESSIONAL, A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS, THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCUON DEFECTS AND MAKE AN OFFER TO REPAIR OR
PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT O:ULIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW WHICH AFFECT THE RIGHTS Of THE PURCHASER AND SELLER HEREUNDER.
TIME OF THE ESSENCE: Time is of the essence in this Purchase Agreement.

Initials
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RISK OF LOSS: If the improvements are damaged by :fire or casualty before delivery of the deed can be restored to substantially the same condition as now exists within a period of sixty
(60) days thereafter, Seller shall restore the improvements and the Closing Date set forth above shall be extended accordingly. If Seller fails to do so, Purchaser shall have the option of (a) · talcing the property as is, together with the insurance proceeds, if any, or (b) canceling the Purchase Agreement, in which event all deposits are to be returned to the Purchaser and all parties shall be released from any and all obligations and/or liabilities hereunder.
PERSONS '.BOUND: The covenants herein contained shall bind, and the benefits and advantages hereunder shall inure to the respective heirs, executors, administrators and successors of the parties hereto. Where appropriate, the singular number.shall include the plural and the plural shall include the singular.
ENTIRE AGREEMENT: This Purchase Agreement is the entire Agreement between the Seller and Purchaser regarding the purchase of the property or the house constructed thereon. Seller is not bound by any statement, promise, conditions or stipulation not specifically set forth in this Agreement. No salesperson, agent or employee of Seller has any authority to make any statements, agreements, or representations to Purchaser that modify, add to, or change the terms and conditions of this Agreement.
SINKHOLE EXCLUSION: Certain areas ofFlorida have experienced a sinkhole 1/s--.3/s soil settlement activity. Seller has consulted with soil engineers about the potential for sinkhole development in the area where the property is located and have been advised t.1mt no soil study or investigation can offer any guarantee that sinkholes will not develop on a specific lot. Seller has also been informed that soil engineers can conduct testing and exploration of potential sinkhole sites in an attempt to assess the possibility of future sinkhole development. Seller assumes no responsibility to e any tests for such purposes, but Seller will permit Purchaser to do so, at Purchaser's expense if the Purchaser so desires, provided such ests occur within seven (7} days of the date of this Contract. If Purchaser has any concerns about the possibility of this particular Florida property being afflicted by a sinkhole condition, Seller advises Purchaser to purchase homeowner's or hazard insurance to protect Purchaser against losses re lting from any such catastrophe occurring.
NOTICES TO PURCHASERS:

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y
EXHIBIT
PAGE
1. Investment: No employee or agent of Seller is authorized to make any representation on behalf of Seller as to the present fair market value of the property; its expected rate of appreciation in value, whether rental of the property is permitted under applicable laws;, or recorded restrictions, rental rates and/or occupancy levels can be achieved from renting the property, or to comment on any other investment aspects of owning the property. _By executing this Purchase Agreement, Purchaser.acknowledges that no such representations have been made to Purchaser. If Purchaser is purchasing the property as an investment, Purchaser has investigated and satisfied himself or herself as to all legal and economic issues surrounding such investment.
  Initials ·. l{b
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  Seller does not own, have an interest in, controL endorse or recommend any such pai-t:icular rental
  program for any houses sold by Seller.
2. Rentals: THE PURCHASER IS HEREBY NOTIFIED THAT HOUSES IN THE SUBDIVISION IN WHICH THE PROPERTY IS LOCATED MAY BE AVAILABLE FOR RENT FOR PERIODS OF LESS THAN THffiTY (30) DAYS.
3. Special District/Municipal Taxing Unit/Homeowners Association Disclosures: The Board of County Commissioners may establish a taxing unit or district for the subdivision in which the property is located or, the Seller may have formed a homeowners association for said subdivision in which the Purchaser is required to be a member, or both, which requires all homeowners to pay an annual fee(s). The fee(s) may be used for the upkeep and maintenance of the subdivision•s entrance, recreational areas, drainage facilities, common areas, streetlights and where the streets are private (i.e. gated community), upkeep and maintenance of the streets within
  the subdivision. Such fees are established to ensure the continued maintenance of these common facilities and thereby protect the property values of the homeowners. If a trucing unit or district
  bas been established, the fee will be billed and collected annually by the county as part of the property tax bill. If a homeowners association has been formed, the fee will be billed and collected by the homeowners association or its designee at least annually in accordance with the bylaws of the homeowners association. The fee and scope of maintenance services is subject to annual review and adjustment by the county or homeowners association, as applicable.
4. Construction Information Disclosures: Lnsulation will be installed fr1 the house as follows: (i) in ceilings, either :fiberglass batt insulation or fiberglass blown-in insulation will be installed, having a minimum thickness of inches, which thickness, according to the manufacturer, will yield an R-value of (ii) in exterior block walls, insulation will be installed which, according to the manufacturer, will yield an R-value of (iii) inexterior frame walls, fiberglass batt insulation will be installed, having a thickness of inches, which thickness, according to the manufacturer, will yield an R-value of _
(eStandard Construction Items: Certain items displayed in the Seller's models or mark ting materials, such as decorator items or material upgrades, and such items as extra fencing, special landscaping and any otµer item displayed for marketing or merchandising purposes, are not standard construction items and are not included in this contract. In the event
of a conflict between Seller's models ·or marketing pictures and the plans and specifications for the house plan shall control

EXHIBIT } '=.1
(f) Mold: According to the Centers for Disease Control and Prevention's National Center for Environmental Health, mold spores are naturally occurring microscopic organisms that may be found virtually anywhere, both indoors and outdoors. Mold spores may enter a home through
open doorways and windows, HV AC systems, or other sources of air infiltration. It is not yet
known whether mold can cause serious health problems. The most medical symptoms reported from mold exposure include: runny nose, eye irritation, cough, congestion,. aggravation of asthma,

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headache and fatigue. Although it is impossible to have a mold-free home, controlling moisture is· the best way to control mold growth. Other mold req.ucing measures include: vacuum and clean. regularly, use mold killing cleaners, use air conditioners and dehumidifies, vent clothes dryers to the outside and use exhaust fans when cooking, dishwashing, showering and cleaning. For more information on mold, you may contact the Centers for Disease Control and Prevention at telephone number 1-800-311-3435 or \VVv'\:v.cdc.gov/. Purchaser is further advised to read the Mold Addendum attached hereto and incorporated herein by reference.
MANDATORY ARBIRATION PROVISIONS:
In the event of controversy with Builder, regardless of nature, Purchasers agree that all claims or disputes between the Seller and the Purchaser arising out o:t: or relating to, the performance of co11tract work or the breath thereof: shall be decided by Arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in existence unless the parties mutually agree otherwise. Notice of the demand for arbitration shall be filed in writing with the other party and .with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising our of or relating to this Agreement shall include, by consolidatio joinder or in any other manner, any person or entity not a party to the Agreement under which arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law,{2) the presence of such person or entity -i required. If complete relief is to be accorded in the arbit..ration, and (3) the interest or responsibility of such person or entity in th matter is insubstantial. The agreement among the parties to this Contract and any other agreement to arbitrate referred to herein shall be specifically enforceable under the prevailing arbitration law.
HANDWRITTEN OR TYPEWRITTEN PROVISIONS SUP RSEDE. All handwritten portions of this Agreement, or any portions thereof inserted by typewriter, shall supersede any preprinted provisions in this Agreement which are in con:fijct therewiti?- .

,. AGREEMENT A.ND ALL EXHIBITS ATTACHED TO IT PRIOR TO EXECUTION.

EXHIBIT ,23

PURCHASER ACKNOWLEDGES AND REPRESENTS THAT PURCHASER HAS READ TIDS PURCHASE AGREEMENT AND ALL EXHIBITS ATTACHED TO IT, THAT PURCHASER AGREES TO BE BOUND BY ALL OF ITS TERMS, AND THAT PURCHASER IS NOT RELYING UPON ANY STATEMENT, PROMISE, CONDIDON, OR STIPULATION OF ANYONE WIDCH IS NOT SPECIFICALLY SET FORTH IN TIDS WRI'ITEN PURCHASE AGREEMENT. THE PURCHASER UNDERSTANDS THAT SELLER IS RELYING UPON PURCHASER'S ACKNOWLEDGMENT AND REPRESENTATION AND THAT SELLER WOULD NOT AGREE TO SELL THE PROPERTY TO PURCHASER WIIBOUT THE PURCHASER'S ACKNOWLEDGMENT THAT PU)lCBASER BAS READ THIS PURCHASE

PAGEJ ¥

IN WITNESS WHEREOF, the Purchaser and Seller have executed this Purchase Agreement on the date set forth below:

{}yr,.c HASER:

Signature of Witness Signature of Purchaser

·\1(0.1 ,,-.J 0 .

Printed Name of Witness

Witness to Second Purchaser:

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Signature of Witness

Printed Name of Purchaser

Date

PURCHASER:

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Signature of Purchaser

S 6ms l'-J

Printed Name of Witness Printed Name of Purchaser

Date

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SELLER: PLATINUM PROPERTIES OF CENT FLORID..t\, INC.

Title of Signor for Seller:

Date signed by Seller:

NAME AND ADDRESS OF COOPERATING BROKER AND SALESPERSON, IF ANY:

Broker:------------ Office address-----.....--------

Salesperson: Tel: _

. PURCHASE CONTRACT

PLATINUM PROPERTIES OF CENTRAL FLORIDA, INC.

Date: December 17, 2004

Joe Montezeri

· PurchaserName(s)

Bergebeek Straat #7 Heist op den Berg

Purchaser Address

Antwerp Belgium B-2220

City

32-15-?43438

Home Telephone No.

montezeri@yahoo.com

State or Country ZIP

32-15-245740

Work Telephone No.

32-499-186381

E-Mail Mobile Phone No.

Purchase and Sale of Prooerty. Subject to the terms and conditions contained in this Contract, Purchaser hereby agrees to purchase and Seller hereby agrees to sell to Purchaser that certain real property described as: ·

Q
Lot 114
msowEstates
("Lot" or "Property") as shown on that certain plat of to be recorded in the Public Records of
Polk County, Florida ("Plat"), as such property. may be replatted from time to time or as such Plat may be revised or amended,
subject to easements and restrictions of record (although this reference thereto shall not act to reimpose same), having a street address of
and to be. improved with a house model
identified as Wiltshire
Closing. Closing of the sale of the Lot will be scheduled as soon after completion of construction of the improvements on the Lot and issuance of a certificate of occupancy, a VA Final Compliance Inspection Report, or a final inspection report by the applicable governmental agency therefor (collectively, the ''Certificate"), to be determined by Seller in Seller's sole discretion, upon obtaining the Certificate. The closing of the purchase and sale of the Property shall be on a date designated by Seller by not less than five (5) days' previous notice to Purchaser, which notice may be given prior to completion of construction or prior to issuance of the Certificate.

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Addenda and Exhibits. This Contract is subject to and modified by the following addenda (check applicable box) which, when checked, attached, and initialed by Seller and Purchaser, are incorporated into this Contract by this reference:

:tddendum:
Ilddendum:
i :Addendum:

Mold (specify)
Purchaser's Color Selections (specify) Homeowners' Association (specify}

Dev: Dev: Dev:

The Exhibits referred to in this Contract are incorporated into this Contract by this reference and consist of the following:
Exhibit "A" - Preliminary Plat and Floor Plans
· Exhibit "B" - Description of the Standard Features of including Standard Finishes of the Homes and Hardscaping and
Landscaping of the Lots.

Total Purchase Price. Purchaser agrees to pay the total purchase price (the "Purchase Price" as set forth below) for the Lot in good U.S. funds in the manner and pursuant to the time frames set forth below:

PURCHASE PRICE OF LOT AND HOME:

•· Base Pric:e of Lot and Home (in United States Currency).		$ 296,900.00
Lot Premium (if any applies)		$ 7,000.00
Price of Options Selected		$
Upgrades and additions will be added in a separate Addendum to this contract
PURCHASE PRICE:		$ 303,900.00
Initial Deposit delivered to Seller on: 24-Dec 2004 (Including initial intent to purchase deposit)		$ 5,000.00
Additional Deposits to be delivered to Seller no later than:
	2004	$ 0.00
Any add_itional Deposits to be delivered to Seller no later than:		$ 55,780.00
17-Jan	2005
Mortgage Type: _ Conventional _ FHA _ VA		$ 243,120.00
(insert zero if cash deal)
(Cash buyers see Paragraph 5(a) for cash draw dates)
Loan Amount · 80.00%

Balance due at closing to be paid by cashier's check from a Florida Bank made payable to the party designated by

Seller (actual cash balance due at closing will be adjusted for Credits, prorations, Closing Costs and additional charges for

Extras, if any)

$ 0.00

gq_3 ..

EXHIBIT -2.. (}

PAGE

TOTAL PURCHASE PRICE

Page 2 of 16

$ 303,900.00

Payment of Purchase Price.
1. Cash Purchase Only. In the event that this Agreement is a sale for all cash, the Purchaser agrees to make the following deposits to the Seller directly:
  1. Full payment for the price of the Lot (including any lot premium required by Seller for specific lots) as designated above plus twenty percent (20%) of the price of construction of the Home (as defined herein), including options selected by Purchaser, payable to Seller at time of Purchaser's execution of this Agreement and delivered directly to Seller, in the amount of:
    $
  2. Additional twenty five percent (25%) of the pri3/.°f construction of the Home (as defined herein), including options selected by Purchaser, shall be d by Purchaser to Seller at the time underground plumbing (rough plumbing) and monolithic slab s completely installed, inspected and approved by local governing building inspection department. ch amount is:
    $
  3. Additional twenty-five percent (2 1/o) of the price of construction of the Home (as defined herein), including options selected by Pure ser, shall be paid by Purchaser to Seller at the time the structure is framed, rough wiring is installed rough heating/cooling, and second phase of plumbing has been completed, inspected and approved y the governing building inspection department. Such amount is:·
    $----- ---
  4. Additional twen five percent (25%) of the price of construction of the Home (as defined herein), including options . ected by Purchaser, shall be paid by Purchaser to Seller at the time the structure has drywall insta9ta, with such installation completed, inspected and approved by the governing building inspection partment, in the amount of:
    $
  5. The alance of the Purchase Price representing five (5%) percent of the Purchase Price shall be paid at e time a Certificate of Occupancy is issued by the governing building inspection department, in the ount of:
  $
  
  2
  PURCHASE PRICE $
2. Mortgage-Financed Purchase. If this is a mortgage-financed purchase, Purchaser shall en at payments are made to the Seller or the Seller's designee in such amounts, proportions and o iuch due dates as are specified above, except that the obligation of Purchaser to pay such deposits shal e contingent upon the approval of the mortgage loan to be procured by Purchaser for this purchase, an adjusted, but only with Seller's prior consent, to meet the draw schedule of the Lender.
t\dditional Points of Agreement between the parties.
•i if applicable:                                                                                                                                                         _

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HIBIT 20 .
1AGE
prr;r:: . _?. OF    , _
Construction. For the total Purchase Price specified above, Seller agrees to complete construction of a house on the Property substantially in accordance with the plans and specifications of the House Plan or House Model Number designated in the exhibits to this Contract and on file at the Seller's office as of the date of this Contract (the "Home"), as soon as practical, and in any event, within two (2) years of the date of this Contract barring only events beyond the control of Seller such as acts of God, acts of war, inability to obtain materials, strikes, other labor problems, governmental orders, or any other event constituting impossibility of performance for reasons beyond Seller's reasonable control. .
1. Certain items displayed in the models, such as decorator items, extra fencing, special landscaping and any other items displayed for merchandising or marketing purposes are not standard construction items and are therefore not included in this Contract. In the event of any conflict between the Seller's models and the plans and specifications for the home to be constructed, the plans and specifications shall control. Identification of such items should be obtained from Seller's· sales representatives by Purchasers.
2. The home may be constructed as a reverse ("mirror image") of that illustrated in the floor plan- of the applicable model as shown on sales and promotional material of the Seller, or as
  shown on an existing model of the home.. Purchas,er agrees to accept the home as sited by the Seller and as constructed according to a standard or reverse floor plan.
3. The Seller estimates that the home will be substantially completed on or about one hundred twenty (120) days from the time a building permit is obtained from the county in the State of Florida having jurisdiction. Purchaser, however, acknowledges and agrees that this e.stimated completion date is given to Purchaser for convenience only and is subject to change from time to time, for any reason, and without creating any liabiiity to Seller as a result of a longer completion period or delay in completion date.
4. The construction of the home shall be, without exception, considered complete upon the issuance of a Certificate of Occupancy, VA Final Compliance Inspection Report, or its equivalent by the applicable governmental agency.
Loan Application. If a mortgage loan is to be obtained, Purchaser shall within five (5) days from the date hereof, apply for a loan to a lender approved by Seller in the above sum. The responsibility for procuring a loan is assumed solely by the Purchaser, who shall execute all documents necessary in connection with the loan application and shall provide loan processors with all information and documents requested which may include, but shall not be limited to, income tax returns, W-2 forms required by the Internal Revenue Service, pay stubs, divorce judgments and a list of creditors and a fully completed, truthful loan application. Purchaser shall pay for all credit report and application fees requested by lender selected by Purchaser. Purchaser's failure to comply with this provision shall constitute a default, in which event the total deposits paid hereunder by Purchaser shall be retained by Seller as liquidated damages and this· Contract shall become null and void. If Purchaser is married and his/her spouse has not signed this Contract, then Purchaser shall bear the responsibility of procuring the cooperation of his/her spouse and guarantees to the Seller that such spouse will execute the mortgage loan documents as required by the mortgage lender, and the failure of the Purchaser to procure the cooperation·· and required signature of such a spouse to the procurement and perfecting of a mortgage, shall constitute a default hereunder, entitling Seller to retain all deposits previously posted without further liability to the Purchaser under the terms of this Contract The failure of such a spouse to execute the loan application or

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EXHIBIT .2,0
PAGE @£ 7
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loan closing documents shall not, under any circumstances, be deemed a contingency or condition of this Contract, and the Purchaser shall remain liable under the terms hereof, individually, regardless.
Rejection of Loans. In the event Purchaser's loan application is rejected by a lender, the Seller may attempt to procure financing for the Purchaser's needs on Purchaser's behalf. In the event such an alternate lender also declines to provide financing for Purchaser's needs to perform this Contract, then this Contract shall automatically terminate and upon Purchaser's execution of a Cancellation Release form provided by Seller, Purchaser's deposits shall be returned to Purchaser and this Contract shall become null and void and all parties hereto shall be released from furtJ1er obligations hereunder.
FHA Loans. In the event an FHA loan is to be obtained by Purchaser, it is expressly agreed that notwithstanding any other provisions hereof, the Purchaser shall not be obligated to complete the purchase of the Property or to incur any penalty by forfeiture of deposits or otherwise, unless the Seller has delivered to the Purchaser a written statement, issued by the Federal Housing Commissioner of the United States of America, setting forth the appraised value of the Property·(excluding closing costs) of not less than the Purchase Price, which statement the Seller hereby agrees to deliver to the Purchaser promptly after such appraised value statement is made available to the Seller. The Purchaser shall, however, have the privilege and option of proceeding w1th the consummation of the Contract without regard to the amount of the appraised valuation made by the Federal Housing Commissioner. THE APPRAISED VALUATION IS ARRIVED AT TO DETERMINE THE MAXIMUM MORTGAGE
THE DEPARTMENT OF HOUSING AND URBAN 'DEVELOPMENT WILL INSURE. THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DOES NOT WARRANT THE VALUE OR CONDITION OF THE PROPERTY. THE PURCHASER SHOULD SATISFY HIMSELF/HERSELF THAT THE PRICE AND THE CONDITION OF THE PROPERTY ARE ACCEPTABLE.
VA Loans. In the eventthis sale is predicated on Purchaser obtaining a VA loan, it is expressly agreed that notwithstanding any other provision of this Contract, the Purchaser shall not incur any penalty by forfeiture of deposits or otherwise be obligated to complete the purchase of the Property, if the Purchase Price or cost exceeds the reasonable value of the Property established by the Veterans Administration. The Purchaser shall, however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the reasonable value established by the Veterans Administration. If VA financing is unavailable, the veteran will be refunded his deposits, other provisions of this Contract notwithstanding.
Dg,osits. The deposits (set forth in Paragraphs 4 and S(a) above) shall be consideration for Seller reserving the Lot in Winslow Estates designated above for Purchaser and for Seller agreeing not to sell the Lot to anyone other than Purchaser prior to closing in accordance with this Contract. In the event any deposit check is not honored, for any reason, by the bank upon which it is drawn, Seller shall promptly notify Purchaser. Purchaser shall thereafter have three (3) banking days after notice to deliver good funds to Seller. In the event Purchaser does not timely deliver good funds, Seller shall have the right to terminate this Contract upon written notice to the Purchaser, or to treat such as an event of default hereunder by Purchaser pursuant to Paragraph 13 below.

. , THE BUYER OF A ONE-FAMILY OR TWO-FAMILY RESIDENTIAL DWELLING UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP TO 10 PERCENT OF THE PURCHASE PRICE) DEPOSITED IN AN ESCROW ACCOUNT. THIS RIGHT MAY BE WAIVED, IN WRITING, BY THE BUYER.

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which are collected from Purchaser will be paid directly. to
Purchaser hereby-waives its right to have deposits placed in escrow, and all deposits
Seller without limitation. Seller may withdraw an or a portion of the deposits to be used in the construction and development of the Lot and/or Horne, for sales and ·marketing, or for such other purposes as determined by Seller in Seller's sole discretion. Purchaser hereby expressly waives any objection or legal right to challenge Seller's use of
. deposit funds as provided herein.
Additional Terms and Conditions. This Contract is subject to the terms and conditions contained in this Contract and an.y attached Addendu.u and exhibits specified on page 2 of this Contract, or subsequently agreed to by Purchaser and Seller from time to time.
Default. Upon Purchaser's default or breach of any term or condition of this Contract, Seller shall have the right to declare this Contract cancelled and may retain all sums paid under this Contract by Purchaser as liquidated and agreed damages, and i:J.ot as a penalty, and the parties to this Contract shall thereafter be relieved from all obligations under this Contract The parties agree that the damages that may result from a breach of this Contract are uncertain and difficult to ascertain, and that the agreed upon amount is a reasonable estimate of probable damages.

Upon Seller's breach of this Contract, Purchaser must give Seller written notice of such default at the address set forth on eage 1, and if within thirty (30) days after receipt of such notice Seller fails to commence action that would cure the default within a reasonable period of time, all monies deposited by Purchaser with Seller under this Contract, together with interest will, at the option of Purchaser, be paid by Seller to Purchaser and this Contract will terminate and after the termination neither
· party will have any further rights or obligations in connection with this Contract, or Purchaser will have the right to seek other remedies then available to Purchaser, including damages or the right of specific performance by Seller. Notwithstanding the foregoing, Seller reserves the right to terminate this Contract by refunding any deposit paid under this Contract to Purchaser within one hundred eighty (180) days after the date the first purchaser signed a contract to purchase a Lot in WinslowE states if Seller does not obtain any and all governmental and other approvals for the development of Winslow Estates , in a form that is satisfactory to Seller in Seller's sole, absolute, and unfettered discretion, within such 180-day period. In such event, Purchaser and Seller shall have no further liability hereunder.

In connection with any litigation arising out of this Contract, the substantially prevailing
· party will be entitled to recover all costs incurred, including reasonable attorneys' and paralegal fees, through and including all appellate levels.
Title. Lots are being sold as fee simple interests. Seller warrants that it will hold title to the Property prior to closing with Purchaser. Seller warrants title to the Lot will be conveyed to Purchaser by general warranty deed, free and clear of all liens, encumbrances, defects, judgments, leases, and mortgages, except that the Lot will be subject to the following matters: (a) the Plat; (b) if applicable, the Homeowners' Association Declaration of Covenants, Conditions, and Restrictions, and all exhibits nd amendments thereto; (c) any mortgage placed upon the Lot by Purchaser in connection with purchase-money financing; (d) taxes and assessments for the year of purchase and subsequent years, including pending and certified county or municipal improvements; (e) any restrictions, reservations, conditions, limitatio , and easements of record prior to closing or imposed by governmental authorities having jurisdiction or control over the Property, although this reference thereto shall not act to reimpose same; and (f) any easements granted to any utility provider prior to or after closing and any modifications by Seller thereof.

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AD!\/111\JISTRATIVE COMP
EXHIBiT #_tf --------
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Closing Costs; Total Financial Obligation of Purchaser; Real Estate Taxes. Seller shall pay the costs and expenses associated with any corrective documents or mortgage releases. Any and all other closing costs or expenses, including but not limited to the cost of documentary stamps on the deed, all title insurance premiums, and all financing costs, will be the sole responsibility of Purchaser.

Real estate taxes attributable to the Property shall be prorated as of the closing date. Seller shall be responsible for that portion of the real estate taxes and assessments from January 1 of the year of closing through the day prior to the closing date. Purchaser shall be responsible for that portion of the real estate taxes and assessments from the closing date through December 31 of the year of closing. If the current year's real estate tax assessment is not available, then the real estate taxes will be prorated based on the non-discounted amount of the prior year's tax; provided, however, such taxes shall be re prorated upon receipt of the tax bill for the year in which the closing takes place upon written request from either party. Certified liens for public improvements, if any, shall be paid by Seller, except that any liens that are payable in annual installments shall be prorated for the year of closing. Pending liens for public improvements, if any, shall be assumed by Purchaser.
Property Tax Disclosure. PURCHASER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE PURCHASER 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,· CONTACT fRQPERTY APPRAISER' S_-OFFIGE FOR INFORMATION. •. ' . . . .
Seller's Representations. Seller represents and Purchaser acknowledges that tlie use of the accommodations and facilities of Winslow Estates is limited solely to the personal use of the Purchaser, the Purchas.er's guests, invitees, and tenants and for recreational uses by persons and corporations or other similar entities owning residential Lots. Seller represents and Purchaser acknowledges that neither Seller nor any of its agents or representatives has made any representations of any kind as to tax or other economic benefits or advantages which may be realized from purchasing a Lot. Seller makes no representations as to the income tax consequences of the purchase, use of the Lot and related rights and appurtenances, or as to the deductibility of related expenses such as interest, taxes and depreciation. Each Purchaser should consult the Purchaser's own tax advisor as to these issues. A Lot should not be purchased in reliance upon any particular kind of tax consequence.

Purchaser's Representations. In addition to other representations set forth in this Contract, Purchaser makes the following representations: ·
1. Purchaser represents to Seller and the title insurer, if any, that Purchaser has full authority and capacity to enter into this Contract. Purchaser also represents that Purchaser is purchasing a Lot for the personal use of Purchaser and Purchaser's family members and guests only, to hold for an indefinite time, and with no expectation of investment potential or deriving any profit or tax advantage therefrom whether through income, appreciation or otherwise and with no expectation that Purchaser will receive any assistance from Seller in the rental of accommodations or the resak of the Purchaser's Lot. Purchaser acknowledges that, if Purchaser is not a natural person, Purchaser is purchasing a Lot solely for the personal use of its officers, directors, principals, employees and guests. Purchaser acknowledges that . purchase and use of Lots for commercial purposes, without the exception of short-term rentals of residential Lots, is expressly· prohibited. Purchaser acknowledges that Purchaser has received no other documents other than this Contract and any Addenda or Exhibits attached hereto. Purchaser unders
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  that Purchaser will receive a copy of the Homeowners' Association Declaration of Covenants, Conditions, and Restrictions, together with all exhibits attached to same, all other documents incorporated into the Declaration by reference, and all documents promulgated pursuant to the Declaration (the "HOA Documents"). Purchaser acknowledges that, upon receipt of the HOA Documents, Purchaser will execute a receipt acknowledging Purchaser's receipt of the HOA Documents, and Purchaser agrees to be strictly bound and to abide by the provisions of the HOA Documents, as each may be amended from time to time.
2. Purchaser represents to Seller that Purchaser has not relied upon any prior agreements, representations, understandings, or oral statements (including renderings or representations contained in sales brochures, advertising or sales materials and oral statements of sales representatives), which are not specifically stated in this Contract, and Exhibits to this Contract, or in an Addendum attached to this Contract.
3. Purchaser acknowledges that prior to closing, Purchaser • will be given the opportunity to select finishes and materials ("Color Options"). Any color selections •. or upgrades permitted the Purchaser for the Unit shall be made by Purchaser within fifteen (15) days after written· notification by Seller to. Purchaser (the "Color Option Period"). Purchaser acknowledges that should Purchaser fail or refuse to make color selections within the Color Option Period, Seller is authorized to make color selections for the Home as it deems advisable and Purchaser shall have no right or opportunity to select any Color Options other than those selected by Seller.
4. Except as otherwise specifically authorized by Seller, Purchaser acknowledges that neither Purchaser nor any agent of Purchaser shall enter the.Property until after Purchaser has closed this Contract and taken possession of the Lot, whereupon Purchaser's rights shall be as set forth in the HOA Documents. Any entry upon the Property shall be at Purchaser's own risk. Purchaser waives any and all claims against the Seller for any injury or loss resulting from such entry by Purchaser or any other person accompanying Purchaser. Purchaser agrees to indemnify Seller from and against all claims arising out of or in connection with any such entry. Purchaser shall not store any goods or possessions on the Property prior to closing.
5. Purchaser acknowledges Seller's right to assign its rights and interests under this Contract without notice to, or consent from, Purchaser.
6. Purchaser acknowledges that prior to closing, Purchaser is prohibited from listing or advertising the Lot for sale in any real estate listing service and/or publication, on any online electronic medium and on any radio, television or any other medium for advertising.
7. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FORSALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT 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 RAS NO EFFECT.. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.
  
  Purchaser acknowledges receipt of the separate Homeowners' Association
  . Disclosure Summary provided to Purchaser, and Purchaser acknowledges that the Homeowners' Association Disclosure was provided to Purchaser prior to the execution of this Contract.
  
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8. Purchaser understands and acknowledges that Purchaser is purchasing a Lot that will be subject to the provisions of the HOA Documents, none of which have been provided to Purchaser at the time of execution of this Contract.
9. Purchaser understands and acknowledges that it will be required to pay an annual fee to the subdivision's homeowners' association, and, if applicable, to the county property appraiser, if the local government has established a taxing unit or district for the subdivision in which the Property is located. These fee(s) may be used for the upkeep and maintenance of the subdivision's entrance, recreational areas, drainage facilities, common areas, streetlights and where ti'l.e streets are private (i.e. gated community), upkeep and maintenance of the streets within the subdivision. Such fees are established to ensure the continued maintenance of these common facilities and thereby protect the property values of the homeowners. If a taxing unit or district has been established, the fee will be billed and collected annually by the county as part of the property tax·bill. The homeowners' association fee will be billed and collected by the homeowners' association or its designee at least annually in·accordance . with the bylaws of the homeowners' association. The fee and scope of maintenance services is subject to annual review and adjustment by the county or homeowners association, as applicable.
G) Purchaser acknowledges that Purchaser may not have seen a model Home. Purchaser understands and acknowledges that the construction and :finishing of the Home being purchased will be in accordance with the .terms and conditions of this Contract and any Addenda or Exhibits attached to this Contract.

(k) PURCHASER · ACKNOWLEDGES. THAT HOMES IN · ·· THE SUBDIVISION IN WHICH THE PROPERTY IS LOCATED WILL BE AVAILABLE FOR RENT FOR PERIODS OF LESS THAN THIRTY (30) DAYS.
Contract. This Contract and any Addenda or Exhibits attached hereto constitute the entire agreement between the parties. Except as set forth in this Contract, this Contract may not be modified or amended except in writing signed by both Purchaser and Seller. Time is of the essence under this Contract, particularly where the obligation to pay money is concerned. All the terms and provisions of this Contract shall survive the closing.

Seller may make any changes to the Lots, the preliminary draft of the Plat attached hereto as part of Exhibit "A" ("Preliminary Plat"), the Plat, or the HOA Documents prior to closing that Seller deems necessary or desirable, in Seller's sole discretion. If, in Seller's sole discretion, these changes do not materially alter or modify the offering in a manner adverse to Purchaser, they shall be considered "Non-:-Materia.I Changes." Non-Material Changes may include changes to the HOA Documents; a decrease in the size of the Home of no more than three percent (3%) from the Home described in the exhibits attached hereto; changes to update disclosure information as required by Florida law (including changes in the officers or directors of Seller; any action taken pursuant to any reserved and previously disclosed right; and completion of improvements); correction of grammatical or typographical errors; formatting changes; any change to or addition of a document affecting prospective purchasers only; any substitution of an executed, filed, or recorded document for the same unexecuted, filed, or recorded copy; any changes to the Preliminary Plat or the Plat required by any governmental authority; or any increase in insurance coverage. If, in Seller's sole discretiqn, a change materially alters or modifies the offering in a manner adverse to Purchaser, it shall be considered a "Material Change." If Seller makes a Material Change, Seller shall provide Purchaser with a· notice of the Material Change granting a tlrree (3)-day rescission period along with copies of any documents revised due to the Material Change. Purchaser
authorizes Seller or its authorized agent to insert or change Lot numbers wherever necessary to conform with the recorded Plat, the Preliminary Plat, and the HOA Documents and to m e J,, i!,; ,
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insertions or deletions in this Contract and any documents to be executed under this Contract as may be necessary to insure compliance with the terms of this Contract; provided, however, that any changes in such documents will be of an administrative nature only and will not materially or adversely alter the reasonable expectations of Purchaser without Purchaser's consent first being given in writing.
Binding Effect: Entire Contract. This Contract is binding on the parties and their respective heirs, legal representatives, successors, and assigns and may not be assigned by Purchaser without the prior written consent of Seller. This Contract represents the entire agreement between the parties and supersedes all prior memoranda, correspondence, conversations, and negotiations between the parties to this. Contract. With the exception of the separate Homeowners' Association Disclosure provided to Purchaser, there are no oral or written understandings, warranties, or representations betwe.en the parties that are not expressly contained in this Contract. If this Contract is executed outside of the sales office of Seller located in Florida, it will constitute an offer by Purchaser to Seller, and will in all events be subject to acceptance by Seller in Seller's discretion at Seller's offices in Florida. Except ·as otherwise provided, this Contract inay only be amended in writing, signed by all parties. Purchaser may not record this Contract or any memorandum of this Contract, and any recording of same by Purchaser will constitute a breach and Seller may terminate this Contract at its option and retain all deposits.
Notices. All notices required or contemplated by this Contract shall be in writing. Where given to Seller, they shall be given by personal delivery to Seller or by mailing same by registered or certified mail, postage prepaid, return receipt requested, addressed to Seller at 215 Celebration Place, Suite 500, Celebration, Florida 34747. Where given to the Purchaser, they shall be
. given by personal delivery to Purchaser or by mailing same by· registered or certified mail, postage prepaid, return receipt requested, addressed to Purchaser at the address following their name(s) on page 1 of this Contract or as otherwise designated in writing by Purchaser. Notices shall be effective one (1) day after the date placed in the mail if sent by certified mail, or on the date received if given by personal delivery.
Severability. If any provision of this Contract· is determined to be invalid and unenforceable under applicable law, the same will be stricken from this Contract and will in no way affect the other provisions of this Contract. This Contract will remain in full force and effect and will be construed in all respects as if the invalid or unenforceable provision were omitted.
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 the public health department for the county where the Property is located.

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Mold. According to the Centers for Disease Control and Prevention's National Center for Environmental Health, mold spores are naturally occurring microscopic organisms that may be found virtually anywhere, both indoors and outdoors. Mold spores may enter a home through open doorways and windows, HVAC systems, or other sources of air infiltration. It is not yet known whether mold can cause serious health problems. The most medical symptoms reported from mold exposure include the following: runny nose, eye irritation, cough, congestion, aggravation of asthma, headache and fatigue. Although it is impossible to have a mold-free home, controlling moisture is the best way to control mold growth. Other mold reducing measures ·include: vacuum and clean regularly, use mold killing cleaners, use air conditioners and dehumidifiers, vent clothes dryers to the outside and use exhaust fans when cooking, dishwashing, showering and cleaning. For more, information on mold, you may contact the Centers for Disease Control and Prevention at telephone number l-800-311-3435 or
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www.cdc.gov. Purchaser is further advised to read the Mold Addendum attached hereto and incorporated herein by reference. _ ...
Insulation. Seller and Purchaser hereby acknowledge pursuant to Section 460.16 of the Federal Trade Commission Regulations regarding labeling and advertising of home insulation, that the types, thicknesses and R-Values of insulation presently anticipated to be installed in the Home at the time of closing shall be as set forth below:

Location
Type oflnsulation
Thick.ness
R-Value
Exterior block walls
Fl-Foil
¾"
R-4.5
Ceilings
Blown
± 9"
R-30
Exterior frame walls
Batts
± 4"
R-19

The "R-Value" indicates the resistance of insulation to heat flow. The higher the R-Value, the greater the insulating power. Seller has not made its own independent determination of the R-value data provided to Seller by the insulation manufacturer.
Florida Building Energy-Efficiency Rating Act. Pursuant to the Florida Building Energy-Efficiency Rating Act, Part VIII, Chapter 553, Florida Statutes, Purchaser may have the energy efficiency rating of the Home determined. The cost for obtaining this rating is the responsibility of Purchaser. By execution of this Contract, Purchaser acknowledges receipt of the Department of Community Affairs' information brochure regarding Florida's Energy-Efficiency Rating System.
Real Estate Brokers. Unless otherwise indicated below, Purchaser represents and warrants to Seller that Purchaser has not engaged any broker, agent, or finder in connection with this transaction, and Purchaser covenants and agrees to indemnify and hold Seller harmless from any and all losses, damages, costs and expenses including attorneys' fees and court costs that may be incurred or suffered as a result of any claim for any fee, commission, or similar compensation with respect to this transaction made by a..'ly person or entity and·arising through the actions of the Purchaser, whether or not such claim for any fee, commission, or similar compensation with respect to this transaction made by any person or entity is meritorious.

Broker: Frontline Florida

Address:

Broker Signature:

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Inspection.
1. Because this Contract is being executed prior to completion of construction of improvements on the Lot, Seller shall notify Purchaser in writing when construction is completed. Prior to closing, Purchaser and Seller shall inspect the Property and execute a written list specifying all items, including any noted in previous inspections, that remain to be completed (''Walk Through List"). No items shall be considered part of the Walk Through List unless such items are actually written on the Walle Through List. Purchaser acknowledges that Seller will make a reasonable effort to complete all of the items specified in the agreed upon Walk Through List on a timely basis, but the fact that any repairs, touch ups or adjustments are incomplete shall not constitute a valid reason for Purchaser to fail to close. The Property shall be considered to be ready for closing upon issuance of a Certificate of Occupancy or other similar document issued by a.governmental agency and Purchaser's receipt of notice of same from Seller. Purchaser further agrees that under no circumstances shall the closing be delayed or postponed due to Purchaser's inability to inspect the Property and execute a Walk Through List prior to closing, and there shall be no withholding of any or all of Seller's proceeds at closing for any such Walk Through List items without the advance written approval of Seller.
2. Except for items set forth in the Walk Through List, Purchaser expressly acknowledges acceptance of all conditions or circumstances existing on the Property and waives and releases Seller, its agents, employees and subcontractors, and broker, from any claim, rights of action or suits seeking rescission of this Contract, damages or other relief based upon, or relating to, any condition or circumstances existing on or in the vicinity of the Property, except as may be covered by an express warranty, if any, given the Purchaser by Seller. Upon satisfactory disposition of the items set forth in the Walk Through List, this acceptance, waiver and release shall apply to such items as well, except as may be covered by any express wa.'Tanty.
Warranty; Limitations. Seller warrants the construction of the Home against defects in workmanship and materials for a period of one (1) year from the closing date, against defects in electrical, plumbing, a..'1.d mecha.,ical systems for two (2) years from th.e closing date, and against structural defects for ten (10) years from the closing date, but all such warranties _are only in accordance with, and as limited by, Seller's New Home Warranty, which Seller shall deliver to Purchaser at closing. The Seller's obligation under this warranty is limited to repairs and replacement. This is the only warranty provided by Seller with respect to the property. As to items not of Seller's manufacture, such as any air conditioner, water heater, refrigerator, range, dishwasher, and other appliances or equipment or consumer products as de:fmed by the Federal Trade Commission, Seller agrees to transmit to Purchaser the manufacturer's warranty regarding such items without recourse. SELLER MAKES NO WARRANTY FOR SUCH ITEMS. THE NEW HOME WARRANTY SUPPLIED BY THE SELLER IS THE ONLY WARRANT¥ APPLICABLE TO- THIS PURCHASE. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, SELLER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE CONSTRUCTION ON THE PROPERTY OR ANY PERSONAL PROPERTY LOCATED THEREON. EACH OWNER ASSUMES ALL RISKS AND LIABILITIES IN CONNECTION WITH THE USE OF ANY OF· THE AFOREMENTIONED PROPERTY. PURCHASER REPRESENTS THAT PURCHA.SER HAS READ AND UNDERSTANDS THIS PROVISION, AND THAT PURCHASER UNDERSTANDS AND AGREES THAT BY ENTERING INTO THIS CONTRACT, PURCHASER HAS KNOWINGLY RELINQUISHED ANY AND ALL WARRANTIES OF ANY KIND OR NATURE REGARD IN

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THE PROPERTY OR ANY PERSONAL PROPERTY LOCATED THEREON, EXCEPT THE SELLER'S NEW HOME·WARRANTY EXPLAINED ABOVE.
Limitation of Liability. IT IS UNDERSTOOD AND ·AGREED THAT SELLER'S LIABILITY, WHETHER IN CONTRACT OR IN TORT, FOR NEGLIGENCE OR BREACH OF WARRANTY, IS LIMITED TO THE REMEDY PROVIDED IN THE HOME WARRANTY DELIVERED BY SELLER TO PURCHASER AT TIME OF CLOSING. SUCH A WARRANTY IS LIMITED TO REPAIR AND REPLACEMENT OF DEFICIENT PARTS OR WORK. UNDER NO CIRCUMSTANCES SHALL SELLER BE LL..\.BLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES BEYOND THE REPAIR AND REPLACEMENT OF DEFICIENCIES DURING THE TERM OF THE WARRANTY, INCLUDING WITHOUT LIMITATION, ANY DAMAGES BASED UPON A CLAIMED DIMINUTION IN THE VALUE OF THE HOME, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranty Exclusions. Seller shall in no case be responsible for damages to a home which are not caused by the Seller or its employees, agents or subcontractors, but which result from acts of God or catastrophes of nature, including, but not limited to, fire explosions, smoke, water, landscape failure, or changes which are not reasonably foreseeable in the level of the underground water table, sinkholes, glass breakage, windstorm, hail damage, lightning, falling trees, aircraft, vehicles, flood or earthquake damages. Seller shall not be responsible for damages to the Home caused by activities which take place on parcels of land adjacent to, or in close proximity to, the Property, including, but not limited to, damages caused by nearby toxic waste sites, overhead electric power or utility lines, airport activities or functions, or mining or farming operations.
Environmental Conditions. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE EXISTENCE OF, OR FUTURE DEVELOPMENT OF, ENVIRONMENTAL CONDITIONS ON THE SUBJECT PROPERTY, INCLUDING POSSIBLE PRESENT OR FUTURE POLLUTION OF THE AIR, WATER OR SOIL, FROM ANY SOURCES, SUCH AS UNDERGROUND MIGRATION OR SEEPAGE (INCLUDING RADON GAS). SELLER'S SOLE WARRANTY TO PURCHASER IS THE LIMITED EXPRESS WARRANTY DESCRIBED IN THIS PURCHASE AGREEMENT, SELLER EXPRESSLY DISCLAIMING ANY LIABILITY FOR ANY TYPE OF DAMAGES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, WHICH HOME OR PROPERTY, OR ITS INHABITANTS, MAY SUFFER BECAUSE OF ANY_ EXISTING OR FUTURE ENVIRONMENTAL CONDITIONS.
Change Orders. In the event that, within seven (7) days after execution of this Contract, Purchaser desires to make changes to the house plan or specifications as set forth in any addenda to this Contract, Purchaser may request Seller to enter into an agreement, called a "Change Order," for such changes. In no event shall Seller be required to enter into any such Change Order or other amendment to the Contract. However, ·in the event Seller agrees to the Change Order, it shall specify in detail the requested change, it shall be in writing and shall be signed by both Purchaser and Seller to be binding. Each change subsequent to the contract execution date may add five (5) additional days to the date of delivery of the completed home and the Purchaser will be charged a $250.00 processing fee per Change Order, which amount shall be due at the time the Change. Order is agreed to by the Seller. No work shall be performed by any contractor or subcontractor not hired directly by the Seller or General Contractor acting on the Seller's behalf. No change orders will be entertained more than seven
(7) days_ after the date of execution of this Contract, unless Seller, in Seller's sole discretion, specifically agrees otherwise. Seller shall not be required or obligated to make any changes to the Home unless Se ler SOLICITORS, 58220, 00001, 100641817.3, Pagel3of 16 Initials:
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has consented in writing to such changes, which consent may be withheld by Seller in its sole and absolute discretion. If, for any reason other than a default of the Seller, there is no closing, there will be NO refund paid to the Purchaser with respect to any Change Order fees.
Prepaid Items and Escrows. Certain prepaid items and escrows shall be paid or funded by the Purchaser at closing. These prepaid items and escrows include the payment of first year hazard insurance premium, payment of interest on mortgage loan from closing date. until the first day of the following month, funding escrows for real estate taxes, hazard insurance and mortgage insurance premiums and homeowners' association transfer or initiation fees. If a homeowners' association has been formed for the subdivision in which the property is located, prepaid items will include an initial fee to join such associated and prorated annual assessments for the year of closing as charged by the applicable homeowners' association.
,.
Risk of Loss. If the Home or Lot is damaged by fire or casualty before delivery of the deed, and the Home and Lot can be restored to substantially the same condition as now exists within a period of sixty (60) days thereafter, Seller shall restore same and the closing date set forth above shall be extended accordingly. If Seller fails to do so, Purchaser shall have the option of (a) taking the property as is, together with the insurance proceeds, if any, or (b) canceling the Contract, in which event all deposits are to be returned to the Purchaser and all parties shall be released from any and all obligations and/or liabilities hereunder.
Sinkhole Exclusion. Certain areas of Florida have experienced a sinkhole and soil settlement activity. Seller has consulted with soil engineers about the potential· for sinkhole development in the area where the Property is located and has been advised that no soil study or investigation can offer any guarantee that sinkholes will not develop on a specific Lot. Seller has also· been informed that soil engineers can conduct testing and exploration of potential sinkhole sites ID an attempt to assess the possibility of future sinkhole development. Seller assumes no responsibility to make any tests for such purposes, but Seller will permit Purchaser to do so, at Purchaser's expense, if the Purchaser so desires, provided such tests occur ·within seven (7) days of the date of this Contract. If Purchaser has any concerns about the possibility of this particular Florida property being afflicted by a sinkhole condition, Seller advises Purchaser to purchase homeowner's or hazard insurance to protect Purchaser against losses resulting from any such catastrophe occurring.
Additional Terms.
Miscellaneous.
1. Renderings and drawings are not actual photographs of the Home and do not constitute a representation or warranty as to construction, interior finish, decor, amenities, or other features.
2. This Contract may be executed in any number of counterparts, which together shall constitute the Contract of the parties. The effective date of this Contract is the date of execution by Seller, and shall not be affected by whether or when Purchaser receives a fully executed copy of this Contract. Seller is hereby authorized to make any inquiry and investigation as to Purchaser's character,
  
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  reputation, credit, and financial responsibility as Seller may deem appropriate in evaluating whether to accept Purchaser's offer to purchase the Unit. Purchaser will, whenever and as often as he shall be required to do so by Seller, execute, acknowledge, and deliver any and all documents so requested or as are necessary in order to carry out the intent and purposes of this Contract.
3. The captions in this Contract and in the Addenda/Exhibits annexed to this Contract are inserted only as a matter of convenience and for ease of reference and in no way define or limit the scope of the particular document or any provision of this Contract or the Addenda/Exhibits annexed to this Contract. Wherever the context so permits, the singular will include the plural, the plural will include the singular, and the use of any gender will be deemed to include all or no genders. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., and for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation. The waiver by Seller of any term or condition of this Contract shall not be deemed as subsequent waiver of the same term or condition nor as a waiver of any other term or condition of this Contract.
4. No legal or equitable lien shall result in favor of Purchaser as a result of the execution of this Contract and/or the deposit of any monies pursuant to this Contract, and Purchaser agrees that the terms and provisions of this Contract are subordinate to the lien of any mortgage now existing or hereafter made or placed upon the Property by Seller (including any and all amendments, extensions or modifications to existing mortgages), and to any advances made to Seller under the terms of any such mortgage without the execution of any further legal documents.
Construction Defects. FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU· MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESiGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS Tl:IE OPPORTUNITY TO INSPECT. THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW.
Choice of Law and Forum: Governing Law: Waiver of Jury Trial. The local laws of the State of Florida, without regard to Florida's choice oflaw rules, will exclusively govern the interpretation, application, enforcement, performance of, or any other matter related to, this Contract. Seller, Purchaser, and any other party claiming rights or obligations by, through, or under this Contract, each waive any right they may have under any applicable law to a trial by jury with respect to any suit or legal action which may be commenced by or against the others concerning the interpretation, construction, validity, enforcement, or performance of, this Contract or any other agreement or instrument executed in connection with this Contract. The Circuit and County Courts of the _th Judicial Circuit, in and for Polk County, Florida (the "County· Courts") will be the exclusive venue for any dispute, proceeding, suit or legal action concerning the interpretation, construction, validity, enforcement, performance of, or related in any way to, thi Contract or any other agreement or instrument executed in connection with this Contr:-a .t:} , SOLICITORS, 58220, 00001, 100641817.3, Page15of 16 lnitials:li J.i''. New Homcbuycr Purchase Agreement . /

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AUlviii'JISTHATlVE COMPLAINT

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event any suit or legal action is commenced by any party, the other party agrees, consents and submits to the personal jurisdiction of the Countty Courts with respect to such suit or legal action. Each party waives any and all rights under applicable law or in equity to object to jurisdiction or venue in any judicial or non-judicial forum other than the County Courts.

PURCHASER ACKNOWLEDGES AND REPRESENTS THAT PURCHASER HAS READ THIS

.CONTRACT AND ALL EXHIBITS ATTACHED TO IT, THAT PURCHASER AGREES TO BE BOUND BY ALL OF ITS TERMS, AND THAT PURCHASER IS NOT RELYING UPON ANY STATEMENT, PROMISE, CONDITION, OR STIPULATION OF ANYONE WHICH IS NOT SPECIFICALLY SET FORTH IN THIS WRITTEN CONTRACT. THE PURCHASER UNDERSTANDS THAT SELLER IS RELYING UPON PURCHASER'S ACKNOWLEDGMENT AND REPRESENTATION AND THAT SELLER WOULD NOT AGREE TO SELL THE PROPERTY TO PURCHASER WITHOUT THE PURCHASER'S ACKNOWLEDGMENT THAT PURCHASER HAS READ THIS CONTRACT AND ALL EXHIBITS ATTACHED TO IT PRIOR TO EXECUTION.

[THIS SPACE INTENTIONALLY LEFT BLANK.]

[SIGNATURES BEGIN ON NEXT PAGE.]

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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the dates set forth below.

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"Seller"

Platinum Properties of Central Florida, fuc.,

aFlorida10orp- /2

Print Name: f.'4 race.. j Yd: rSqyz

Print Name: _

WITNESSES:

* * * *

Print Name:

WITNESSES:

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Print Name: ,,

Print Name: J ;}'.ffllrlc: fflffl if/rii

By:. ff

As Its: . C,,& C)r

Executed on: !'¥ &c/,2004

"Purchaser"

By:

Print Name:

"Purchaser"

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ADMINISTRATIVE COMPLA.INlj

PA(-;E

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OF ------

PURCHASE CONTRACT

PLATINUM PROPERTIES OF CENTRAL FLORIDA, INC.

Date: December 17, 2004

Joe Montezeri

Purchaser Name(s)

Bergebeek Straat #7 Heist op den Berg

Purchaser Address

Antwerp Belgium B-2220

City

32-15-243438

Home Telephone No.

montezeri@yahoo.com

State or Country

32-15-245740

Work Telephone No.

32-499-186381

ZIP

E-Mail · Mobile Phone No.

I. Purchase and Sale of Property. Subject to the terms and conditions contained in t..1-iis Contract, Purchaser hereby agrees to purchase and Seller hereby agrees to sell to Purchaser that certain real property described as:

"'Lot 115/

Winsl_e_w E..,_s_ta-te_s_

("Lot" or "Property") as shown on that certain plat of to be recorded in the Public Records of

Polk County, Florida ("Plat"), as such property may be replatted from time to time or as such Plat may be revised or amended, subject to easements and restrictions of record (although this reference thereto shall not act to reimpose same), having. a street address of

and to be improved with a house model

identified as Wiltshire

Page 1 of 16

Closing. Closing of the sale of the Lot will be scheduled as soon after completion of construction of the improvements on the Lot and issuance of a certificate of occupancy, a VA Final Compiiance Inspection Report,· or a final inspection report by the applicable governmental agency therefor (collectively, the "Certificate"), to be determined by Seller in Seller's sole discretion, upon obtaining the Certificate. The closing of the purchase and sale of the Property shall be on a date designated by Seller by not less than five (5) days' previous notice to Purchaser; which notice may be given prior to completion of construction or prior to issuance of the Certificate.

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Addenda and Exhibits. This Contract is subject to and modified by the following addenda (check applicable box) which, when checked, attached, and initialed by Seller and Purchaser, are incorporated into this Contract by this reference:

l !Addendum: LIAddendum: [!Addendum:

Mold (specify)
Purchaser's Color Selections (specify) Homeowners' Association (specify)

Dev: Dev: Dev:

Pur: Pur: Pur:

Pur: Pur: Pur:

The Exhibits referred to in this Contract are incorporated into this Contract by this reference and consist of the following:
Exhibit "A" - Preliminary Plat and Floor Plans
Exhibit "B" - Description of the Standard Features-of including Standard Finishes of the Homes and Hardscaping and
Landscaping of the Lots.

PURCHASE PRICE OF LOT AND. HOME:

Base Price of Lot and Home (in United States Currency) Lot Premium (if any applies)

Price of Options Selected

Upgrades and additions will be added in a separate Addendum'to this

contract

296,900.00

$ 7,000.00

PURCHASE PRICE:

(IncIuding initial intent to purchase deposit)

Initial Depositdelivered to Seller on 2-4--De-c

----·-20-04

$ 303,900.00

$ 5,000.00

Additional Deposits to be delivered to Seller no later than:

2004

$ 0.00

Any additional Deposits to be delivered to Seller no later than:

17-Jan

2005

$ 55,780.00

Mortgage Type: _ Conventional _ FHA _ VA

. (insert zero if cash deal)

(Cash buyers see Paragraph S(a) for cash draw dates) Loan Amount 80.00%

Balance due at closing to be paid by cashier's check from a Florida Bank made payable to the party designated by

Seiler (actual cash balance due at closing will be adjusted for Credits, prorations, Closing Costs and additional charges for

Extras, if any)

TOTAL PURCHASE PRICE

Page 2 of 16

$ 243,120.00

303,900.00

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$ 0.00

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Wmslow Estates WE116 Joe Monterezi

Page 22 of 25 . ,·

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Payment of Purchase Price.
1. Cash Purchase Only. In the event that this Agreement is a sale for all cash, the Purchaser agrees to make the following deposits to the Seller directly:
  1. Full payment for the price of the Lot (including any lot premium required by Seller for specific lots) as designated above plus twenty percent (20%) of the price of construction of the Home (as defined herein), including options selected by Purchaser, payable to Seller at time of Purchaser's execution oft!:iis Agreement and delivered directly to Seller; in the amount of:
    
    $
  2. Additional twenty-five percent (25%) of the price of construction of the Home (as defined herein), including options selected by Purchaser, shall be paid by Purchaser to Seller at the time underground plumbing (rough plumbing) and monolithic slab is completely installed, inspected and approved by local governing building inspection department, Such amount is:
    $
  3. Additional twenty-five percent (25%) of the price of construction of the Home (as defined herein), including options selected by Purchaser, shall be paid by Purchaser to Seller at the time the structure is framed, rough wiring is installed, rough heating/cooling, and second phase of plumbing has been completed, inspected and approved by the governing .building inspection department. Such amount is:
    $
  4. Additional twenty-five percent (25%) of the price of construction of fae Home (as defined.herein), including options selected by Purchaser, shall be paid by Purchaser to Seller at the time the structure has drywall installed, with such installation completed, inspected and. approved by the governing building inspection department, in the amount of:
    $
  5. The balance of the Purchase Price representing five (5%) percent of the Purchase Price shall be paid at the time a Certificate of Occupancy is issued by the governing building inspection department, in the amount of:
  $ --'-----
  
  TOTAL PURCHASE PRICE
  _$ ,;_
2. Mortgage-Financed Purchase. If this is a mortgage-financed purchase, Purchaser shall ensure that payments are made to the Seller or the Seller's designee in such amounts, proportions and on such due dates as are specified above, except that the obligation of Purchaser to pay such deposits shall be contingent upon the approval of the mortgage loan to be procured by Purchaser for this purchase, and adjusted, but only with Seller's prior consent, to meet the draw schedule of the Lender.
Additional Points - of Agreement between the parties, if applicable:

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Construction. For the total Purchase Price specified above, Seller agrees to complete construction of a house on the Property substantially in accordance with the plans and specifications of the House Plan or House Model Number designated in the exhibits to this Contract and on file at the
· Seller's office as of the date of this Contract (the "Home"), as soon as practical, and in any event, thin
two (2) years of the date of this Contract barring only events beyond the control of Seller such as acts of God, acts of war, inability to obtain materials, strikes, other labor problems, governmental orders, or any other event constituting LTD.possibility of performance for reasons beyond Seiler's reasonable control.
1. Certain items displayed in the models, such as decorator items, extra fencing, special landscaping and any other items displayed for merchandising or marketing purposes are not standard construction items and are therefore not included in this Contract. In the event.of any conflict between the Seller's models and the plans and specifications for the home to be constructed, the plans and specifications shall control. Identification of such items should be obtained from Seller's sales representatives by Purchasers.
2. The home may be constructed as a reverse ("mirror im ge") of that illustrated in the floor plan of the applicable model as shown on sales and promotional material of the Seller, or as shown on an existing model of the home. Purchaser agrees to accept the home as sited by the Seller and as constructed according to a standard or reverse floor plan.
3. The Seller estimates that the home will be substantially completed on or about one hundred twenty (120) days from the time a building permit is obtained from the county in the State of Florida having jurisdiction. Purchaser, however, acknowledges and agrees that this estimated completion date is given to Purchaser for convenience only and is subject to change from time to time, for any reason, and without creating any liability to Seller as a result of a longer completion period or delay in completion date.
4. The construction of the home shall be, without exception, considered complete upon the issuance of a Certificate of Occupancy, VA Final Compliance Inspection Report, or its . equivalent by the applicable governmental agency.
Loan Application. If a mortgage loan is to be obtained, Purchaser shall within five (5)
days from the date hereof, apply for a loan to a lender approved by Seller in the above sum. The
responsibility for procuring a loan is assumed solely by the Purchaser, who shall execute all documents necessary in connection with the loan application and shall provide loan processors with all information and documents requested which may include, but shall not be limited to, income tax returns, W-2 forms required by the Internal Revenue Service, pay stubs, divorce judgments and a list of creditors and a fully completed, truthful loan application. Purchaser shall pay for all credit report and application fees requested by lender selected by Purchaser. Purchaser's failure to comply with this provision shall constitute a default, in which event the total deposits paid hereunder by Purchaser shall be retained by Seller as liquidated damages and this Contract shall become null and void. If Purchaser is married and his/her spouse has not signed this Contract, then Purchaser shall bear the responsibility of procuring the cooperation of his/her spouse and guarantees to the Seller that such spouse will execute the mortgage loan documents as required by the mortgage lender, and the failure of the Purchaser to procure the cooperation and required signature of such a spouse to the procurement and perfecting of a mortgage, shall constitute a default hereunder, entitling Seller to retain all deposits previously posted without further liability to the Purchaser under the terms of this Contract. The failure of such a spouse to execute the loan applicatio

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loan closing documents shall not, under any circumstances, be deemed a contingency or condition of this Contract, and the Purchaser shall remain liable under the terms hereof, individually, regardless.
Rejection of Loans. In the event Purchaser's loan application is rejected by a lender,
· the Seller may att mpt to procure financing for the Purchaser's needs on Purchaser's behalf. In the event such an alternate lender also'·declines to provide financing for Purchaser's needs to perform this Contract, then this Contract shall automatically terminate and upon Purchaser's execution of a Cancellation Release form provided by Seller, Purchaser's deposits shall be returned to Purchaser and this Contract shall become null and void and all pai-ties hereto shaU be reieased from further obligations hereunder.
FHA Loans. In the event an FHA loan is to be obtained by Purchaser, it is expressly agreed that notwithstanding any other provisions hereof, the Purchaser shall not be obligated to complete the purchase of the Property or to incur any penalty by forfeiture of deposits or otherwise, uriless the Seller has delivered to the Purchaser a written statement, issued by the Federal Housing Commissioner of the United States of America, setting forth the appraised value of the Property (excluding closing costs) of not less than the Purchase Price, which statement the Seller hereby agrees to deliver to the Purchaser promptly afte_r such appraised value statement is. made available _to the Seller. The Purchaser shall, however, have the privilege and option of proceeding with 'the consummation of the Contract without regard to the amount of the appraised valuation made by the Federal Housing Commissioner. THE APPRAISED VALUATION IS ARRIVED AT TO DETERMINE THE MAXIMUM MORTGAGE THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WILL INSURE. THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DOES NOT WARRANT THE VALUE OR CONDITION OF THE PROPERTY. THE PURCHASER SHOULD SATISFY HIMSELF/HERSELF THAT THE PRICE AND THE CONDITION OF THE PROPERTY ARE ACCEPTABLE.
VA Loans. In the event this sale is predicated on Purchaser obtaining a VA loan, it is expressly agreed that notwithstanding any other provision of this Contract, the Purchaser shall not incur any penalty by forfeiture of 4eposits or otherwise be obligated to complete the purchase of the Property, if
- the Purchase Price or cost exceeds the reasonable value of the Property established by the Veterans Administration. Toe Purchaser shall, however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the reasonable value established by the Veterans Administration. If VA financing is unavailable, the veteran will be refunded his deposits, other provisions of this Contract notwithstanding.
Deposits. The deposits (set forth in Paragraphs 4 and 5(a) above) shall be consideration for Seller reserving the Lot in Winslow Estates designated above for Purchaser and for Seller agreeing not to sell the Lot to anyone other than Purchaser prior to closing in accordance with this Contract. In the event any deposit check is·not honored, for any reason, by the bank upon which it is drawn, Seller shall promptly notify Purchaser. Purchaser shall thereafter have three (3) banking days after notice to deliver good funds to Seller. In the event Purchaser does not timely deliver good funds, Seller shall have the right to terminate this Contract upon written notice to the Purchaser, or to treat such as an event of default hereunder by Purchaser pursuant to Paragraph 13 below.

THE BUYER OF A ONE-FAMILY OR TWO-FAMILY RESIDENTIAL DWELLING UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP TO 10 PERCENT OF THE PURCHASE PRICE) DEPOSITED IN AN ESCROW ACCOUNT. THIS RIGHT MAY BE WAIVED, IN WRITING, BY THE BUYER.

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Purchaser hereby waives its right to have deposits placed in escrow, and all deposits which are collected from Purchaser will be paid directly to Seller without limitation. Seller may withdraw all or a portion of the deposits to be used in the construction and development of the Lot and/or Home, for sales and marketing, or for such other purposes as determined by Seller in Seller's sole discretion. Purchaser hereby expressly waives any objection or legal right to challenge Seller's use of deposit funds as provided herein.
Additional Terms and Conditions. This Contract is subject to the terms and conditions contained in this Contract and any attached Addendum smd exhibits specified on page 2 of this Contract, or subsequently agreed to by Purchaser and Seller from time to time.
Default. Upon Purchaser's default or breach of any term or condition of this Contract, Seller shall have the right to declare this Contract cancelled and may retain all sums paid. under this Contract by Purchaser as liquidated and agreed damages, and not as a penalty, and the parties to this Contract shall thereafter be relieved from all obligations under this Contract. The parties agree that the damages that may result from a breach of this Contract are uncertain and difficult to ascertain, and that the agreed upon amount is a reasonable estimate of probable damages.

Upon Seller's breach of this Contract, Purchaser must give Seller written notice of such default at the address set forth on page 1, and if within thirty (30) days after receipt of such notice Seller fails to commence action that would cure the· default within a reasonable period of time, all monies deposited by Purchaser with Seller under this Contract, together with interest will; at the option of Purchaser, be paid by Seller to Purchaser and this Contract will terminate and after the termination neither party will have any further rights or obligations in connection with this Contract, or Purchaser will have the right to seek ot.lJ.er remedies then available to Purchaser, including damages or the right of specific performance by Seller. Notwithstanding the foregoing, Seller reserves the right to terminate this Contract by refunding any deposit paid under this Contract to Purchaser within one hundred eighty (180) days after the date the first purchaser signed a contract to purchase a Lot in Winslow Estates if Seller does not obtain any and all governmental and other approvals for the development of Winslow Estates , in a form that is satisfactory to Seller in Seller's sole, absolute, and unfettered discretion, within such 180-day period. In such event, Purchaser and Seller shall have no further liability hereun er.

In connection with any litigation arising out of this Contract, the substantially prevailing party will be entitled to recover all costs incurred, including reasonable attorneys' and paralegal fees, through and including all appellate levels.

. 14. Title. Lots are being sold as fee simple interests. Seller warrants that it will hold title to the Property prior to closing with Purchaser. Seller warrants title to the Lot will be conveyed to Purchaser by general warranty deed, free and clear of all liens, encumbrances, defects, judgments, leases,

_and mortgages, except that the Lot will be subject to the following matters: (a) the Plat; (b) if applicable, the Homeowners' Association Declaration of Covenants, Conditions, and Restrictions, and all exhibits and amendments thereto; (c) any mortgage placed upon the Lot by Purchaser in connection with purchase-money financing; (d) taxes and assessments for the year of purchase and subsequent years, including pending and certified county or municipal improvements; (e) any restrictions, reservations, conditions, limitations, and easements of record prior to closing or imposed by governmental authorities having jurisdiction or control over the Property, although this reference thereto shall not act to reimpose same; and (f) any easements granted to any_ utility provider prior to or after closing and any modifications by Seller thereof.

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Closing Costs: Total Financial Obligation of Purchaser; Real Estate Taxes. Seller shall pay the costs and expenses associated with any corrective documents or mortgage releases. Any and all other closing costs or expenses, including but not limited to the cost of documentary stamps on the deed, all title insurance premiums, and all financing costs, will be the sole responsibility of Purchaser.

Real estate taxes attributable to the Property shall be prorated as of the closing date. Seller shall be responsible for that portion of the real estate taxes and assessments from January 1 of the year of closing through the day prior to the closing date. Purchaser sha!! be responsible for that portion of the real estate taxes and assessments from the closing date through December 31 of the year of closing. If the current year's real estate tax assessment is not available, then the real estate taxes will be prorated based on the non-discounted amount of the prior year's tax; provided, however, such taxes shall be re prorated upon receipt of the tax bill for the year in which the closing takes place upon written request from either party. Certified liens for public improvements, ifany, shall be paid by Seller, except that any liens that are payable in annual installments shall be prorated for the year of closing. Pending liens for public improvements, if any, shall be assumed by Purchaser.
Property Tax. Disclosure. PURCHASER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE PURCHASER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVE:ME 1TS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
Seller's Representations. Seller represents and Purchaser acknowledges that the use of the accommodations and facilities of Winslow Esiates is limited solely to the personal use of the Purchaser, the Purchaser's guests, invitees, and tenants and for recreational uses by persons and corporations or other simiiar entities owning residential Lots. Seller represents and Purchaser acknowledges that neither Seller nor any of its agents or representatives has made any representations of any kind as to tax or other economic benefits or advantages which may be realized from purchasing a Lot. Seller makes no representations as to the income tax consequences of the purchase, use of the Lot and related rights and appurtenances, or as to the deductibility of related expenses such as interest, taxes and depreciation. Each Purchaser should consult the Purchaser's own tax advisor as to these issues. A Lot should not be purchased in reliance upon any particular kind of tax consequence.

Purchaser's Representations. In addition to other representations set forth in this Contract, Purchaser makes the following representations:

-!·
1. Purchaser represents to Seller and the title insurer, if any, that Purchaser has full authority and capacity to enter into this Contract. Purchaser also represents that Purchaser is purchasing a Lot for the personal use of Purchaser and Purchaser's family members and guests only, to hold for an indefinite time, and with no expectation of investment potential or deriving any profit or tax advantage therefrom whether through income, appreciation or otherwise and with no expectation that Purchaser will receive any assistance from Seller in the rental of accommodations or the resale of the Purchaser's Lot. Purchaser acknowledges that, if Purchaser is not a natural person, Purch!:lser is purchasing a Lot solely for the personal use of its officers, directors, principals, employees and guests. Purchaser acknowledges that purchase and use of Lots for commercial purposes, without the exception of short-term rentals of residential Lots, is expressly prohibited. Purchaser acknowledges that Purchaser has received no o documents other than this Contract and any Addenda or Exhibits attached hereto. Purchaser unders . s SOLICITORS, 58220, 00001, 100641817.3, Page 7 of 16 . Initials:
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  that Purchaser will receive a copy of the Homeowners' Association Declaration of Covenants, Conditions, and Restrictions, together with all exhibits attached to same, all other documents incorporated into the Declaration by reference, and all documents promulgated pursuant to the Declaration (the "HOA Documents"). Purchaser acknowledges that, upon receipt of the HOA Documents, Purchaser will execute a receipt acknowledging Purchaser's receipt of the·HOA Documents, and Purchaser agrees to be strictly bound and to abide by the provisions of the_ HOA Documents, as each may be amended from time to time.
2. Purchaser represents to Seller that Purchaser has not relied upon any prior agreements, representations, understandings, or oral statements (including renderings or representations contained in sales brochures, advertising or sales materials and oral statements of sales representatives), which are not specifically stated in this Contract, and Exhibits to this Contract, or in an Addendum attached to this. Contract
3. · Purchaser acknowledges tha:t prior to closing, Purchaser will· be given the opportunity to select finishes and materials ("Color Options"). Any color selections· or upgrades permitted the Purchaser for the Unit shall be made by Purchaser within fifteen (15) days after written notification by Seller to Purchaser (the "Color Option Period"). Purchaser acknowledges that should Purchaser fail or refuse to make. color selections within the Color Option Period, Seller is authorized to make color selections for the Home as it deems advisable and Purchaser shall have no right or opportunity to select any Color Options other than those selected by Seller.
4. Except as otherwise specifically authorized by Seller, Purchaser acknowledges that neither Purchaser nor any agent of Purchaser shall enter the Property until after Purchaser has closed this Contract and taken possession of the Lot, whereupon Purchaser's rights shall be as set forth in the HOA Documents. Any entry upon the Property shall be at Purchaser's own risk. Purchaser waives any and all claims against the Seller for any injury or loss resulting from such entry by Purchaser or any other person accompanying Purchaser. Purchaser agrees to indemnify Seller from and against all claims arising out of or in connection with any such entry. Purchaser shall not store any goods or possessions on the Property prior to closing.
5. Purchaser acknowledges Seller's right to assign its rights and interests under this Contract without notice to, or consent from, Purchaser.
6. Purchaser acknowledges that prior to closing, Purchaser is prohibited from listing or advertising the Lot for sale in any real estate listing service and/or publication, on any online electronic medium and on any radio, television or any other medium for advertising.
7. 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 IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT 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 THIS CONTRACT SHALL TERMINATE AT CLOSIN:G.
  
  Purchaser acknowledges receipt of the separate Homeowners' Association Disclosure Summary provided to Purchaser, and Purchaser acknowledges that the Homeowners' Association Disclosure was provided to Purchaser prior to the execution of this Contract.
  
  o.('i..k'
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8. Purchaser understands and acknowledges that Purchaser is purchasing a Lot that will be subject to the provisions of the HOA Documents, none of which have been provided to Purchaser at the time of execution of this Contract. ·
9. Purchaser understands and acknowledges that it will be required to pay an annual fee to the subdivision's homeowners' association, and, if applicable, to the county property appraiser, if the local government has established a taxing unit or district for the subdivision in which the Property is located. These fee(s) may be used for the upkeep and mai...11tenance of the subdivision's entrance, recreational areas, dr:iinage f:i"ilities, ca:rnmon areas, streetlights and where the streets are private (i.e.
  gated community), upkeep and maintenance of the streets within the subdivision. Such fees are established to ensure the continued maintenance o:f these common facilities and thereby protect the
  property value.s of the homeowners. If a taxing unit or district has been established, the fee will be billed and collected annually by the county as part of the property tax bill. The homeowners' association fee will be billed and collected by the homeowners' association or its designee at least annually in accordance with the bylaws of the homeowners' association. The fee and scope of maintenance services is subject to
  ,, annual review and adjustment by the county or homeowners association, as applicable.
10. Purchaser acknowledges that Purchaser may not have seen a model Home. Purchaser understands and acknowledges that the construction and finishing of the Home being purchased will be in accordance with the terms and conditions of this Contract and any Addenda or Exhibits attached to this Contract.
11. PURCHASER ACKNOWLEDGES THAT HOMES IN THE SUBDIVISION IN WHICH THE PROPERTY IS LOCATED WILL BE AVAILABLE FOR RENT FOR PERIODS OF LESS THAN THIRTY (30) DAYS.
Contract. Tnis Contract and any Addenda or Exhibits attached hereto constitute the entire agreement between the parties. Except as set forth in this Contract, this Contract may not be modified or amended except in writing signed by both Purchaser and Seller. Time is of the essence under this Contract, particularly where the obligation to pay money is concerned. All the terms and provisions of this Contract shall survive the closing.

Seller may make any changes to the Lots, the preliminary draft of the Pl-at attached hereto as part of Exhibit "A" ("Preliminary Plat"), the Plat, or the HOA Documents prior to closing that Seller deems necessary or desirable, in Seller's sole discretion. If, in Seller's sole discretion, these changes do not materially alter or modify the offering in a manner adverse to Purchaser, they shall be considered "Non-Material Changes." Non-Material Changes may include changes to the HOA Documents; a decrease in the size of the Home of no more than three percent (3%) from the Home described in the exhibits attached hereto; changes to update disclosure information as required by Florida law (including changes in the officers or directors of Seller; any action taken pursuant to any reserved and previously disclosed right; and completion of improvements); correction of grammatical or typographical errors; formatting changes; any change to or addition of a document affecting prospective purchasers only; any substitution of an executed, filed, or recorded document for the same unexecuted, filed, or recorded copy; any changes to the Preliminary Plat or the Plat required by any governmental authority; or any increase in insurance coverage. If, in Seller's sole discretion, a change materially alters or modifies the offering in a manner adverse to Purchaser, it shall be considered a "Material Change." If Seller makes a Material Change, Seller shall provide Purchaser with a notice of the Material Change granting a three (3)-day rescission period along with copies of any documents revised due to the Material Change. Purchaser
authorizes Seller or its authorized agent to insert or change Lot numbers wherever necessary to conform with the recorded Plat, the Preliminary_ Plat, and the HOA Documents and to e ' .!;:1:1 ."'"..ill
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insertions or deletions in this Contract and any documents to be executed under this Contract as may be necessary to insure compliance with the tenns of this Contract; provided, however, that any changes in such documents will be of an administrative nature only and will not materially or adversely alter the reasonable expectations of Purchaser without Purchaser's consent first being given in writing.
Binding Effect; Entire Contract. This Contract is binding on the parties and their respective heirs, legal representatives, successors, and assigns and may not be assigned by Purchaser without the prior written consent of Seller. This Contract represents the entire agreement between the parties and supersedes all prior memoranda, correspondence, conversations, and negotiations between the parties to this Contract. With the exception of the separate Homeowners' Association Disclosure provided to Purchaser, there are no oral or written understandings, warranties, or representations between the parties that are not expressly contained in this Contract If this Contract is executed outside of the sales office of Seller located in Florida, it will constitute an offer by Purchaser to Seller, and will in all events be subject to acceptance by Seller in Seller's discretion at Seller's offices in Florida. Except as
. otherwise provided, this Contract may only be amended in writing, signed by all parties. Purchaser may not record this Contract or any memorandum of this Contract, and any recording of same by·Purchaser will constitute a breach and Seller may terminate this Contract at its option and retain all deposits.
Notices. All notices required or contemplated by this Contract shall be in writing. Where given to Seller, they shall be given by personal delivery to Seller or by mailing same by registered or certified mail, postage prepaid, return receipt requested, addressed to Seller at 215 Celebration Place, Suite 500, Celebration, Florida 34747. Where given to the Purchaser, they shall be given by personal delivery to Purchaser or by mailing same by registered or certified mail, postage prepaid, return receipt requested, addressed to Purchaser at the address following their name(s) on page I of this Contract or as otherwise designated in writing by Purchaser. Notices shall be effective one (1) day
. after the date placed in the mail if sent by certified mail, or on the date received if given by personal delivery.
Severability. If any provision of this Contract is determined to be invalid and
!
unenforceable under applicable law, the same will be stricken from this Contract and will in no way affect
the other provisions of this Contract. This Contract will remain in full force and effect and will be construed in all respects as if the invalid or unenforceable provision were omitted.
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 the public health departrnent for the county where the Property is located. ·
Mold. According to the Centers for Disease CoO:trol and Prevention's National Center for Environmental Health, mold spores are naturally occurring microscopic organisms that may be found virtually anywhere, both indoors and outdoors. Mold spores may enter a home through open doorways and windows, HVAC systems, or other sources of air infiltration. It is not yet known whether mold.can cause serious health problems. The most medical symptoms reported from mold exposure include the following: runny nose, eye irritation, cough, congestion, aggravation of asthma, headache and fatigue. Although it is impossible to have a mold-free home, controlling moisture is the best _way to control mold growth. Other mold reducing measures include: vacuum and clean regularly, use mold killing cleaners, use air conditioners and dehumidifiers, vent clothes dryers to the outside and use exhaust fans when cooking, dishwashing, showering and cleaning. For more information on mold, you may contact the Centers for Disease Control and Prevention at telephone number 1-800-311-3435 o

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www.cdc.gov. Purchaser is further advised to read the Mold Addendum attached hereto and incorporated herein by reference.
Insulation. Seller and Purchaser hereby acknowledge pursuant to Section 460.16 of the Federal Trade Commission Regulations regarding labeling and advertising of home insulation, that the types, thicknesses and R-Values of insulation presently anticipated to be installed in the Home at the time of closing shall be as set forth below:

Location
Tvne of Insulation
Thickness
R-Value
Exterior block walls
Fl-Foil
¾"
R-4.5
Ceilings
Blown
± 9"
R-30
Exterior frame walls
Batts
±4"
R-19

The "R-Value" indicates the resistance of insulation to heat flow. The higher the R-Value, the greater the insulating power. Seller has not made its own independent determination of the R-value data provided to Seller by the insulation manufacturer.
Florida Building Energy-Efficiency Rating Act. Pursuant to the Florida Building Energy-Efficiency Rating Act, Part VIII, Chapter 553, Florida Statutes, Purchaser may have the energy efficiency rating of the Home determined. The cost for obtaining this rating is the responsibility of Purchaser. By execution of this Contract, Purchaser acknowledges receipt of the Department of Community Affairs' information brochure regarding Florida's Energy-Efficiency Rating System.
Real Estate Brokers. Unless otherwise indicated below, Purchaser represents and warrants to Seller that Purchaser has not engaged any broker, agent, or finder in connection with this transaction, and Purchaser covenants and agrees to indemnify and hold Seller harmless from any and all losses, damages, costs and expenses including attorneys' fees and court costs that may be incurred or suffered as a result of any claim for any fee, commission, or similar compensation with respect to this transaction made by any person or entity and arising through the actions of the Purchaser, whether or not such claim for any fee, commission, or similar compensation with respect to this transaction made by any person or entity is meritorious.

Broker: Frontline Florida

Address:

Broker Signature: _

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Inspection.
1. Because this Contract is being executed prior to completion of construction of improvements on the Lot, Seller shall notify Purchaser in writing when construction is completed. Prior to closing, Purchaser and Seller shall inspect the Property and execute a written list specifying all items, including any noted in previous inspections, that remain to be completed ("Walk Through List"). No items shall be considered part of the Walk Through List unless such items are actually written on the Walk Through List. Purchaser acknowledges that Seller will make a reasonable effort to complete all of the items specified in the agreed upon Walk Through List on a timely basis, but the fact that ariy rep ;rs, touch ups or adjustments are incomplete shall not constitute a valid reason for Purchaser to fail to close. The Property shall be considered to be ready for closing upon issuance of a Certificate of Occupancy or other similar document issued by a governmental agency and Purchaser's receipt of notice of same from Seller. Purchaser further agrees that under no circumstances shall the closing be delayed or postponed due to Purchaser's inability to inspect the Property and execute a Walk Through List prior to closing, and there shall be no withholding of any or all of Seller's proceeds at closing for any such Walk Through List items without the advance written approval of Seller.
2. Except for items set forth in the Walk Through List, Purchaser expressly acknowledges acceptance of all conditions or circumstances existing on the :Property and waives and· releases Seller, its agents, employees and subcontractors, and broker, from any claim, rights of action or suits seeking rescission of this Contract, damages or other relief based upon, or relating to, any condition or circumstances existing on or in the vicinity of the Property, except as may be covered by an express warranty, if any, given the Purchaser by Seller. Upon satisfactory disposition of the items set forth in the Walk Through List, this acceptance, waiver and release shall apply to such items as well, except as may be covered by any express warranty.
Warranty: Limitations. Seller warrants the construction of the Home against defects in workmanship and materials for·a period of one (1) year from the clpsing date, against defects in electrical, plumbing, and mechanical systems for rwo (2) years from the closing date, and against structural defects for ten (10) years from the closing date, but all such warranties are only in accordance with, and as limited by, Seller's New Home Warranty, which Seller shall deliver to Purchaser at closing. The Seller's obligation under this warranty is limited to repairs and replacement. This is the only warranty provided by Seller with respect to the property. As to items not of Seller's manufacture, such as any air conditioner, water heater, refrigerator, range, dishwasher, and other appliances or equipment or consumer products as defined by the Federal Trade Commission, Seller agrees to transmit to Purchaser the manufacturer's warranty regarding such items without recourse. SELLER MAKES NO WARRANTY FOR SUCH ITEMS. THE NEW HOME WARRANTY SUPPLIED BY THE SELLER IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, SELLER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE CONSTRUCTION ON THE PROPERTY OR ANY PERSONAL

=
. PROPERTY LOCATED THEREON. EACH OWNER ASSUMES ALL RISKS ·AND LIABILITIES IN CONNECTION WITH THE USE OF ANY OF THE AFOREMENTIONED PROPERTY. PURCHASER REPRESENTS THAT PURCHASER HAS READ AND UNDERSTANDS THIS PROVISION, AND THAT PURCHASER UNDERSTANDS AND AGREES THAT BY ENTERING INTO THIS CONTRACT, PURCHASER HAS KNOWINGLY RELINQUISHED ANY AND ALL WARRANTIES OF ANY KIND OR NATURE REGARDING

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THE PROPERTY OR ANY PERSONAL PROPERTY LOCATED THEREON, EXCEPT THE SELLER'S NEW HOME WARRANTY EXPLAINED ABOVE.
Limitation of Liability. IT IS UNDERSTOOD AND AGREED THAT SELLER'S LIABILITY, WHETHER IN CONTRACT OR IN TORT, FOR NEGLIGENCE OR BREACH OF WARRANTY, IS LIMITED TO THE REMEDY PROVIDED IN THE HOME WARRANTY DELIVERED BY SELLER TO PURCHASER AT TIME OF CLOSING. SUCH A WARRANTY IS LIMITED TO REPAIR AND REPLACEMENT OF DEFICIENT PARTS OR WORK. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIARLE FOR .t\_'/\l"Y DIRECT OR CONSEQUENTIAL DAMAGES BEYOND THE REPAIR AND REPLACEMENT OF DEFICIENCIES DURING THE TERM OF THE WARRANTY, INCLUDING WITHOUT LIMITATION, ANY DAMAGES BASED UPON A CLAIMED DIMINUTION IN THE VALUE OF THE HOME, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranty Exclusions. Seller shall in no case be responsible for damages to a home which are not caused by the Seller or its employees, agents or subcontractors, but which result from acts of God or catastrophes of nature, including, but not limited to, fire explosions, smoke, water, landscape failure, or changes which are not reasonably foreseeable in the level of the underground water table, sinkholes, glass breakage, windstorm, hail damage, lightning, falling trees, aircraft, vehicles, flood or earthquake -damages. Seller shall not be responsible for damages to the Home caused by activities which take place on parcels of land adjacent to, or in close proximity to, the Property, including, but not limited to, damages caused by nearby toxic waste sites, overhead electric power or utility lines, airport activities or functions, or mining or farming operations. ·
Environmental Conditions. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE EXISTENCE OF, OR FUTURE DEVELOPMENT OF, ENVIRONMENTAL CONDITIONS ON THE SUBJECT PROPERTY, INCLUDING POSSIBLE PRESENT OR FUTURE POLLUTION OF THE .AIR, WATER OR SOIL, FROM ANY SOURCES, SUCH AS UNDERGROUND MIGRATION OR SEEPAGE (INCLUDING RADON GAS). SELLER'S SOLE WARRANTY TO PURCHASER IS THE LIMITED EXPRESS WARRANTY DESCRIBED IN THIS PURCHASE AGREEMENT, SELLER EXPRESSLY DISCLAIMING ANY LIABILITY FOR ANY TYPE OF DAMAGES, WHETHER DIRECT; INDIRECT OR CONSEQUENTIAL; WHICH HOME OR PROPERTY, OR ITS INHABITANTS, MAY SUFFER BECAUSE OF ANY EXISTING OR FUTURE ENVIRONMENTAL CONDITIONS.
Change Orders. In the event that, within seven (7) days after execution of this Contract, Purchaser desires to make changes to the house plan or specifications as set forth in any addenda to this Contract, Purchaser may request Seller to enter into an agreement, called a "Change Order," for such changes. In no event shall Seller be required to enter into any such Change Order or
· other amendment to the Contract. However, in the event Seller agrees to the Change Order, it shall specify in detail the requested change, it shall be in writing and shall be signed by both Purchaser and Seller to be binding. Each change subsequent to the contract execution date may add five (5) additional days to the date of delivery of the completed home and the Purchaser will be charged a $250.00 processing fee per Change Order, which amount shall be due at the time the Change Order is agreed to by the Seller. No work shall be performed by any contractor or subcontractor not hired directly by the Seller or General Contractor acting on the Seller's behalf. No change orders will be entertained more than seven

_
(7) days after the date of execution of this Contract, unless Seller, in Seller's sole discretion, specifically agrees otherwise. Seller shall not be required or obligated to make any changes to the Home unless Se r SOLICITORS, 58220,00001, 100641817.3, Pagel3ofl6 Initials:
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has consented in writing to such changes, which consent may be withheld by Seller in its sole and absolute discretion. If, for any reason other than a default of the Seller, there is no closing, there will be NO refund paid to the Purchaser with respect to any Change Order fees.
Prepaid Items and Escrows. Certain prepaid items and escrows shall be paid or funded by the Purchaser at closing. These prepaid items and escrows include the payment of first year hazard insurance premium, payment of interest on mortgage loan from closing date until the first day of the following month, funding escrows for real estate truces, hazard insurance and mortgage insurance premiums and homeowners' association transfer or initiation fees. If a homeowners' association has been formed for the subdivision in which the property is located, prepaid items will include an initial fee to join such associated and prorated annual assessments for the year of closing as charged by the applicable homeowners' association. ·
Risk of Loss. If the Home or Lot is damaged by frre or casualty before delivery of the deed, and the Home and Lot can be restored to substantially the same condition as now exists within a period of sixty (60) days thereafter, Seller shall restore same and the closing date set forth above shall be extended accordingly. If Seller fails to do so, Purchaser shall have the option of (a) taking the property as is, together with the insurance proceeds, if any, or (b) canceling the Contract, in which event all deposits are to be returned to the Purchaser and .all parties shall be released from any and all obligations and/or liabilities hereunder.
Sinkhole Exclusion. Certain areas of Florida have experienced a sinkhole and soil settlement activity. Seller has consulted with soil engineers about the potential for sinkhole development in the area where the Property is located and has been advised that no soil study or investigation can offer any guarantee that sinkholes will not develop on a specific Lot. Selier has also been informed that soil engineers can conduct testing and exploration of potential sinkhole sites in an attempt to assess the possibility of future sinkhole development. Seller assumes no responsibility to make any tests for such purposes, but Seller will permit Purchaser to do so, at Purchaser's expense, if the Purchaser so desires, provided such tests occur within seven (7) days of the date of this Contract. If Purchaser has any concerns about the possibility of this particular Florida property being afflicted by a sinkhole condition, Seller advises Purchaser to purchase homeowner' s or hazard insurance to protect Purchaser against losses resulting from any such catastrophe occurring.
Additional Terms.
Miscellaneous.
1. Renderings and drawings are not actual photographs of the Home and do not constitute a representation or warranty as to construction, interior finish, decor, amenities, or other features.
2. This Contract may be executed in any number of counterparts, which together shall constitute the Contract of the parties. The effective date of this Contract is the date of execution by Seller, and shall not be affected by whether or when Purchaser receives a fully executed copy of this Contract. Seller is hereby authorized to make any inquiry and investigation as to Purchaser's character,
  
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  reputation, credit, and financial responsibility as Seller may deem appropriate in evaluating whether to accept Purchaser's offer to purchase the Unit. Purchaser will, whenever and as often as he shall be required to do so by Seller, execute, acknowledge, and deliver any and all documents so requested or as are necessary in order to carry out the intent and purposes of this Contract.
3. The captions in this Contract and in the Addenda/Exhibits annexed to this Contract are inserted only as a matter of convenience and for ease of reference and in no way define or limit the
  scope of the particular document or any provision of this Contract or the Addenda/Exhibits annexed to this Contract. Wherever the context so permits, the singular will include the plu..ral, the plural will include the singular, and the use of any gender will be deemed to include all or no genders. The tenn "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., and for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation. The waiver by Seller of any term or condition of'tliis Contract shall not be deemed as subsequent waiver of the same term or condition nor as a waiver of any other term or condition of this Contract.
4. No legal or equitable lien shall result in favor of Purchaser as a result of the execution of this Contract and/or the deposit of any monies pursuant to this Contract, and Purchaser agrees that the terms and provisions of this Contract are subordinate to the lien of any mortgage now existing or hereafter made or placed upon the Property by Seller (including any and all amendments, extensions or modifications to existing mortgages), and to any advances made to Seller under the terms of any such mortgage without the execution of any further legal documents.
Construction Defects. FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSiONAL FOR AN ALLEGED CONSTRUCTION DEFECT IN. YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR. CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW.

In
,: .
Choice of Law and Forum; Governing Law: Waiver of Jury Trial. The local laws of the State of Florida, without regard to Florida's choice of law rules, will exclusively govern the interpretation, application, enforcement, performance of, or any other matter related to, this Contract. Seller, Purchaser, and any other party claiming rights or obligations by, through, or under this Contract, each waive any right they may have under any applicable law to a trial by jury with respect to any suit or legal action which may be commenced by or against the others concerning the interpretation, construction, validity, enforcement, or performance of, this Contract or any other agreement or instrument executed in connection with this Contract. The Circuit and County Courts of the _th Judicial Circuit, in and for Polk County, Florida (the "County Courts") will be the exclusive venue for any dispute, proceeding, suit or legal action concerning the interpretation, construction, validity, enforcement, performance of, or related in any way to, this Contract or any other agreement or instrument executed in connection with this Contract. SOLICITORS, 58220,00001, 100641817.3, Pagel fl6 lnitials:lllf

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PURCHASER ACKNOWLEDGES AND REPRESENTS THAT PURCHASER HAS READ THIS CONTRACT AND ALL EXHIBITS ATTACHED TO IT, THAT PURCHASER AGREES TO BE BOUND BY ALL OF ITS TERMS, AND THAT PURCHASER IS NOT RELYING UPON ANY STATEMENT, PROMISE, CONDITION, OR STIPULATION OF ANYONE WHICH IS NOT SPECIFICALLY SET FORTH IN THIS WRITTEN CONTRACT. THE PURCHASER UNDERSTANDS THAT SELLER IS RELYING UPON PURCHASER'S ACKNOWLEDGMENT AND REPRESENTATION AND THAT SELLER WOULD NOT AGREE TO SELL THE PROPERTY TO PURCHASER WITHOUT THE PURCHASER'S ACKNOWLEDGMENT THAT PURCHASER HAS READ THIS CONTRACT AND ALL EXHIBITS ATTACHED TO IT PRIOR TO EXECUTION. .

[THIS SPACE INTENTIONALLY LEFT BLANK]

[SIGNATURES BEGIN ON NEXT PAGE.]

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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the dates set forth below. ·

WITNESSES:

"Seller"

Platinum Properties of Central Florida, Inc.,

PrintName:[uvb...- A fe6dv}

By::

---,L. ...L:.::..:_..::::z.=---

Print Name: _

* * * *

As Its:--"--- -"' -,...._0 .. _

Executed on: / Y,2004

Print Name:

WITNESSES: "Purchaser"

Print Name: Executed on: 2004

Print Name: -- -j' ,.

lb"

WITNESSES:

t:fl..S

"Purchaser"

Print Name:

Executed on: --• 2004

SOLICITORS, 58220, 00001, 10064I817.3,

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Addenda and Exhibits. This Contract is subject to and modified by the following addenda (check applicable box) which, when checked, attached, and initialed by Seller and Purchaser, are incorporated into this Contract by this reference:

v1\ddendum:

Mold

(s:gecify}

Dev:

Pur: .111:i_

Pur:

Addendum:

Purchaser's Color Selections (s12ecify)

Dev:

Pur:

v-1\cidendum:

Homeowners' Association (s12ecify)

Dev:

Pur: -rtH

Pur:

The Exhibits referred to in this Contract are incorporated into this Contract by this reference and consist of the following:

Exhibit "A" - Preliminary Plat and Floor Plans

Exhibit "B" - Description of the Standard Features of including Standard Finishes of the Homes and Hardscaping and

Landscaping of the Lots.

Total Purchase Price. Purchaser agrees to pay the total purchase price (the "Purchase Price" as set forth below)for the Lot in good U.S. funds in the manner and pursuant to the time frames set forth below:

PURCHASE PRICE OF LOT AND HOME:
Base Price of Lot and Home (in United States Currency)		$ 366,900.00
Lot Premium (if any applies)		$ 5,000.00
Price of Options Selected		$ · 0.00
Upgrades and additions will be added in a separate Addendum to this
contract
PURCHASE PRICE:		$ 371,900.00
Initial Deposit delivered to Seller on: 28-Apr 2005 (Including initial intent to purchase deposit) Additional Deposits to be delivered to Seller no later than:		$ 5,000.00
27-May	2005	$ 32,190.00
Any additional Deposits to be delivered to Seller no later than:		$ 0.00
Mortgage Type: _ Conventional _ FHA _ VA		$ 297,520.00
(insert zero if cash. deal)
(Cash buyers see Paragraph S(a) for cash draw dates)
Loan Amount 80.00%
Balance due at closing to be paid by cashier's check from a

Florida Bank made payable to the party d signated by

Seller (actual cash balance due at closing will be adjusted for Credits, prorations, Closing Costs and additional charges for

Extras, if any)

TOTAL PURCHASE PRICE

$ 37,190.00

$ 371,900.00

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Payment of Purchase Price.
1. Cash Purchase Only. In the event that this Agreement is a sale for all cash, the Purchaser agrees to make the following deposits to the Seller directly:
  1. Full payment for the price of the Lot (including any lot premium required by Seller for specific lots) as designated above plus twenty percent (20%) of the price of construction of the Home (as defined herein), including options selected by Purchaser, payable to Seller at time of Purchaser's execution of this Agreement and delivered directly to Seller, in the amount of:
    $
  2. Additional twenty-five percent (25%) of the price of construction of the Home (as defined herein), including options selected by Purchaser, shall be paid by Purchaser to Seller at the time underground plumbing (rough plumbing) and monolithic slab is completely installed, inspected and
    approved by local governing building inspection department. Such amount is: ·
    $.
  3. Additional twenty-five percent (25%) of the price of construction of the Home (as defined herein), including options selected by Purchaser, shall be paid by Purchaser to Seller at the time the structure is framed, rough wiring is installed, rough heating/cooling, and second phase of plumbing has been completed, inspected and approved by the governing building inspection department. Such amount is:
    $
  4. Additional twenty-five percent (25%) of the price of construction of the Home (as defined herein), including options selected by Purchaser, shall be paid by Purchaser to Seller at the time the structure has drywall installed, with such installation completed, inspected and approved by the governing building inspection department, in the amount of:
    $
  5. The balance of the Purchase Price representing five (5%) percent of the Purchase Price shall be paid at the time a Certificate of Occupancy is issued by the governing building inspection department, in the amount of:
  TOTAL PURCHASE PRICE
  $ -,-_
  
  $
2. Mortgage-Financed Purchase. If this is a mortgage-financed purchase, Purchaser shall ensure that payments are made to the Seller or the Seller's designee in such amounts, proportions and on such due dates as are specified above, except that the obligatiop. of Purchaser to pay such deposits shall be contingent upon the approval of the mortgage loan to be procured by Purchaser for this purchase, and adjusted, but only with Seller's prior consent, to meet the draw schedule of the Lender.
Additional Points of Agreement between the parties, if applicable: _

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Construction. For the total Purchase Price specified above, Seller agrees to complete construction of a house on the Property substantially in accordance with the plans and specifications of the House Plan or House Model Number designated in the exhibits to this Contract and on file at the Seller's office as of the date of this Contract (the "Home"), as soon as practical, and in any event, within two (2) years of the date of this Contract barring only events beyond the control of Seller such as acts of God, acts of war, inability to obtain materials, strikes, other labor problems, governmental orders, or any other event constituting impossibility of performance for reasons beyond Seller's reasonable control.

Certain items displayed in the models, such as decorator items, extra fencing, special landscaping and any other items displayed for merchandising or marketing purposes are not, standard construction items and are therefore not included in this. Contract. In the event of any conflict between the Seller's models and the plans and specifications for the home to be constructed, the plans and specifications shall control. Identification of such items should be obtained from Seller's sales representatives by Purchasers.
The home may be constructed as a reverse ("mirror image") of that illustrated in the floor plan of the applicable model as shown on sales and promotional material of the Seller, or as shown on an existing model of the home. Purchaser agrees to accept the home as sited by the Seller and as constructed according to a standard or reverse floor plan.
The S ller estimates that the home will be substantially completed on or about one hundred twenty (120) days from the time a building permit is obtained from the county in the State of Florida having jurisdiction. Purchaser, however, acknowledges and agrees that this estimated completion date is given to Purchaser for convenience only and is subject to change from time to time, for any re son, and without creating any liability to Seller as a result of a longer completion period or delay in completion date.
The construction of the home shall be, without exception, considered complete upon the issuance of a Certificate of Occupancy, VA Final Compliance Inspection Report, or its equivalent by the applicable governmental agency.

. 7. Loan Application. lf a mortgage loan is to be obtained, Purchaser shall within five (5) days from the date hereof, apply for a loan to a lender approved by Seller in the above sum. The responsibility for procuring a loan is assumed solely by the Purchaser, who shall execute all documents necessary in connection with the loan application and shall provide loan processors with all information and documents requested which may include, but shall not be limited to, income tax returns, W-2 forms required by the Internal Revenue Service, pay stubs, divorce judgments and a list of creditors and a fully completed, truthful loan application. Purchaser shall pay for all credit report and application fees requested by lender selected by Purchaser.. Purchaser's failure to comply with this provision shall constitute a default, in which event the total deposits paid hereunder by Purchaser shall be retained by Seller as liquidated damages and this Contract shall become null and void. If Purchaser is married and his/her spouse has not signed this Contract, then Purchaser shall bear the responsibility of procuring the cooperation of his/her spouse and gqarantees to the Seller that such spouse will execute the mortgage loan documents as required by the mortgage lender, and the failure of the Purchaser to procure the cooperation and required signature of such a spouse to the procurement and perfecting of a mortgage, shall constitute a default hereunder, entitling Seller to retain all deposits previously posted without further liability to the Purchaser under the terms of this Contract. The failure of such a spouse to execute the loan application or

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loan closing documents shall not, under any circumstances, be deemed a contingency or condition of this Contract, and the Purchaser shall remain liable under the terms hereof, individually, regardless.

Rejection of Loans. In the event Purchaser's loan application is rejected by a lender, the Seller may attempt to procure financing for the Purchaser's needs on Purchaser's behalf. In the event such an alternate lender also declines to provide financing for Purchaser's needs to perform this Contract, then this Contract shall automatically terminate and upon Purchaser's execution of a Cancellation Release form provided by Seller, Purchaser's deposits shall be returned to Purchaser and this Contract shaH become null and void and all parties hereto shall be released from further obligations hereunder.
FHA Loans. In the event an FHA loan is to be obtained by Purchaser, it is expressly agreed that notwithstanding any other provisions hereof, the Purchaser shall not be obligated to complete the purchase of the Property or to incur any penalty by forfeiture of deposits or otherwise, uriless the Seller has delivered to the Purchaser a written statement, issued by the Federal Housing Commissioner of the United States of America, setting forth the appraised value of the Property (excluding dosing costs) of not less than the Purchase Price, which statement the Seller hereby agrees to deliver to the Purchaser promptly after such appraised value statement is made available to the Seller. The Purchaser shall, however, have the privilege and option of proceeding with the consummation of the Contract without regard to the amount of the appraised valuation made by the Federal Housing Commissioner. THE APPRAISED VALUATION IS ARRIVED AT TO DETERMINE THE MAXIMUM MORTGAGE THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WILL INSURE. THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DOES NOT WARRANT THE VALUE OR CONDITION OF THE PROPERTY. THE PURCHASER SHOULD SATISFY HIMSELF/HERSELF THAT THE PRICE AND THE CONDITION OF THE PROPERTY ARE ACCEPTABLE.
VA Loans. In the event this sale is predicated on Purchaser obtaining a VA loan, it is expressly agreed that notwithstanding any other provision of this Contract, the Purchaser shall not incur any penalty by forfeiture of deposits or otherwise be obligated to complete the purchase of the Property, if the Purchase Price or cost exceeds the reasonable value of the Property established by the Veterans Administration. The Purchaser shall, however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the reasonable value established by the Veterans Administration. If VA financing is unavailable, the veteran will be refunded his deposits, other provisions of this Contract notwithstanqing.
Deposits. The deposits (set forth in Paragraphs 4 and 5(a) above) shall be consideration for Seller reserving the Lot in Winslow Estates designated above for Purchaser and for Seller agreeing not to sell the Lot to anyone other than Purchaser prior to closing in accordance with this Contract. In the event any deposit check is not honored, for any reason, by the bank upon which it is drawn, Seller shall promptly notify Purchaser. Purchaser shall thereafter have three (3) banking days after notice to deliver good funds to Seller. In the event Purchaser does not timely deliver good funds, Seller shall have the right to terminate this Contract upon written notice to the Purchaser, or to treat such as an event of default hereunder by Purchaser pursuant to Paragraph 13 below.

THE BUYER OF A ONE-FAMILY OR TWO-FAMILY RESIDENTIAL DWELLING UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP TO 10 PERCENT OF THE PURCHASE PRICE) DEPOSITED IN AN ESCROW ACCOUNT. THIS RIGHT MAY BE WAIVED, IN WRITING, BY THE BUYER.

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Purchaser hereby waives its right to have deposits placed in escrow, and all deposits which are collected from Purchaser will be paid directly to Seller without limitation. Seller may withdraw all or a portion of the deposits to be used in the construction and development of the Lot and/or Home, for sales and marketing, or for such other purposes as determined by Seller in Seller's sole discretion. Purchaser hereby expressly waives any objection or legal right to challenge Seller's use of deposit funds as provided herein.
Additional Terms and Conditions. This Contract is subject to the terms and conditions contained in this Contract and any attached Addend1,1m and exhibits specified on page 2 of this Contract, or subsequently agreed to by Purchaser and Seller from time to time.
Default. Upon Purchaser's default or breach of any term or condition of this Contract, Seller shall have the right to declare this Contract cancelled and may retain all sums paid under this Contract by Purchaser as liquidated and agreed damages, and not as a penalty, and the parties to this Contract shall thereafter be relieved from all obligations under this Contract. The parties agree that the damages that may result from a breach of this Contract· are uncertain and difficult to ascertain, and that the agreed upon amount is a reasonable estimate of probable damages. ·

Upon Seller's breach of this Contract, Purchaser must give Seller written notice of such default at the address set forth on page 1, and if within thirty (30) days after receipt of such notice Seller fails to commence action that would cure the default within a reasonable period of time, all monies deposited by Purchaser with Seller under this Contract, together with interest will, at the option .of Purchaser, be paid by Seller to Purchaser and this Contract will terminate and after the termination neither party will have any further rights or obligations in connection with this Contract, or Purchaser will have the right to seek other remedies then available to Purchaser, including damages or the right of specific performance by Seller. Notwithstanding the foregoing, Selier reserves the right to terminate this Contract by refunding any deposit paid under this Contract to Purchaser within one hundred eighty (180) days after the date the first purchaser signed a contract to purchase a Lot in Winslow Estates if Seller does not obtain any and all governmental and other approvals for the development of Winslow Estates , in a form that is satisfactory to Seller in Seller's sole, absolute, and unfettered discretion, within such 180-day period. In such event, Purchaser and Seller shall have no further liability hereunder.

In connection with any litigation arising out of this Contract, the substantially p evailing party will be entitled to recover all cqsts incurred, including reasonable attorneys' and paralegal fees, through and including all appellate levels.
Title. Lots are being sold as fee simple interests. Seller warrants that it will hold title to the Property prior to closing ith Purchaser. Seller warrants title to the Lot will be conveyed to Purchaser by general warranty deed, free and clear of all liens, encumbrances, defects, judgments, leases, and mortgages, except that the Lot will be subject to the following matters: (a) the Plat; (b) if applicable, the Homeowners' Association Declaration of Covenants, Conditions, and Restrictions, and all exhibits and amendments thereto; (c) any mortgage placed upon the Lot by Purchaser in connection with purchase-money financing; (d) taxes and assessments for the year of purchase and subsequent years, including pending and certified county or municipal improvements; (e) any restrictions, reservations,
conditions, limitations, and easements of record prior to closing or imposed by governmental authorities having jurisdiction or control over the Property, although this reference thereto shall not act to reimpose
same; and (f) any easements granted to any utility provider prior to or after closing and any modifications
by Seller thereof.

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Closing Costs: Total Financial Obligation of Purchaser; Real Estate Taxes. Seller shall pay the costs and expenses associated with any corrective documents or mortgage releases. Any and all other closing costs or expenses, including but not limited to the cost of documentary stamps on the deed, all title insurance premiums, and all financing costs, will be the sole responsibility of Purchaser.

Real estate taxes attributable to the Property shall be prorated as of the closing date. Seller shall be responsible for that portion of the real estate taxes and assessments from January 1 of the year of closing through the day prior to the closing date. Purchaser shall be responsible for that portion of
the reai estate taxes and assessments from t.1-ie closing date t!:1rough December 31 of the year of closing. If
the current year's real estate tax assessment is not available, then the real estate taxes will be prorated
based on the non-discounted amount of the prior year's tax; provided, however, such taxes shall be re prorated upon receipt of the tax bill for the year in which the closing takes place upon written request from either party. Certified liens for public improvements, if any, shall be paid by Seller, except that any liens that are payable in annual installments shall be prorated for the year of closing. Pending liens for public improvements, if any, shall be assumed by Purchaser. ·
Property Tax Disclosure. PURCHASER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE PURCHASER 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, CONTACT THE PROPERTY APPRAISER' S OFFICE FOR INFORMATION.
Seller's Representations. Seller represents and Purchaser acknowledges that the use of the accommodations and facilities of Winslow Estates is limited solely to the personal use of the Purchaser, the Purchaser's- guests, invitees, and tenants and for recreational uses by persons and corporations or other similar entities owning residential Lots. Seller represents and Purchaser acknowledges that neither Seller nor any of its agents or representatives has made any representations of any kind as to tax or other economic benefits or advantages which may be realized from purchasing a Lot. Seller makes no representations as to the income tax consequences of the purchase, use of the Lot and related rights and appurtenances, or as to the deductibility of related expenses such as interest, taxes and depreciation. Each Purchaser should c.0nsult the Purchaser's own tax advisor as to these issues. A Lot should not be purchased in reliance upon any particular kind of tax consequence.

Purchaser's Representations. In addition to other representations set forth in this Contract, Purchaser makes the following representations:
1. Purchaser represents to Seller and the title insurer, if any, that Purchaser has full
  authority and capacity to enter into this Contract. . Purchaser also represents that Purchaser is purchasing a
  Lot for the personal use of Purchaser and Purchaser's family members and guests only, to hold for an indefinite time, and with no expectation of investment potential or deriving any profit or tax advantage therefrom whether through income, appreciation or otherwise and with no expectation that Purchaser will receive any assistance from Seller in the rental of accommodations or the resale of the Purchaser's Lot. Purchaser acknowledges that, if Purchaser is not a natural person, Purchaser is purchasing a Lot solely for the personal use of its officers, directors, principals, employees and guests. Purchaser acknowledges that purchase and use of Lots for commercial purposes, without the exception of short-term rentals of residential Lots, is expressly prohibited. Purchaser acknowledges that Purchaser has received no other documents other than this Contract and any Addenda or Exhibits attached hereto. Purchaser understand
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  that Purchaser will receive a copy of the Homeowners' Association Declaration of Covenants, Conditions, and Restrictions, together with all exhibits attached to same, all other documents incorporated into the Declaration oy reference, and all documents promulgated pursuant to the Declaration (the "HOA Documents"). Purchaser acknowledges that, upon receipt of the HOA Documents, Purchaser will execute a receipt acknowledging Purchaser's receipt of the HOA Documents, and Purchaser agrees to be strictly bound and t_o abide by the provisions of the HOA Documents, as each may be amended from time to time.
2. Purchaser represents to Seller that Purchaser has not relied upon any prior agreements, representations, understandings, or oral statements (including renderings or representations contained in sales brochures, advertising or sales materials and oral statements of sales representatives), which are not specifically stated in this Contract, and Exhibits to this Contract, or in an Addendum attached t9 this Contract.
3. Purchaser acknowledges that prior to closing, Purchaser will be given the opportunity to select finishes and materials ("Color Options"). Any color selections or upgrades permitted the Purchaser for the Unit shall be made by Purchaser within fifteen (15) days after written notification by Seller to Purchaser (the "Color Option Period"). Purchaser acknowledges that should. Purchaser fail or refuse to make color selections within the Color Option Period, Seller is authorized to make color selections for the Home as it deems advisable and Purchaser shall have no right or opportunity to select any Color Options other than those selected by Seller.
4. Except as otherwise specifically authorized by Seller, Purchaser acknowledges that neither Purchaser nor any agent of Purchaser shall enter the Property until after Purchaser has closed this Contract and taken possession of the Lot, whereupon Purchaser's rights shall be as set forth in the HOA Documents. Any entry upon the Property shall be at Purchaser's own risk. Purchaser waives any and all claims against the Seller for any injury or loss resulting from such entry by Purchaser or any other person accompanying Purchaser. Purchaser agrees to indemnify Seller from and against all claims arising out of or in connection with any such entry. Purchaser shall not store any goods or possessions on the Property prior to closing.
5. Purchaser acknowledges Seller's right to assign its rights and interests under this Contract without notice to, or consent from, Purchaser.
6. Purchaser acknowledges that prior to closing, Purchaser is prohibited from iisting or advertising the Lot for sale in any real·estate listing service and/or publication, on any online electronic medium and on any radio, television or any other medium for advertising.
7. 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 IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT 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 THIS CONTRACT SHALL TERMINATE AT CLOSING.
  
  Purchaser acknowledges receipt of the separate Homeowners' Association Disclosure Summary provided to Purchaser, and Purchaser acknowledges that the Homeowners' Association Disclosure was provided to Purchaser prior to the execution of this Contract.
  
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8. Purchaser understands and acknowledges that Purchaser is purchasing a Lot that will be subject to the provisions of the HOA Documents, none of which have been provided to Purchaser at the time of execution of this Contract.
9. Purchaser understands and acknowledges that it will be required to pay an annual fee to the subdivision's homeowners' association, and, if applicable, to the county property appraiser, if the local government has established a taxing unit or district for the subdivision in which the Property is located. These fee(s) may be used for the upkeep and maintenance of the subdivision's entrance, recreational areas, drainage facilities, common areas, streetlights and where the streets are private (i.e. gated community), upkeep and maintenance of the streets within the subdivision. Such fees are established to ensure the continued maintenance of these common facilities and thereby protect the property values of the homeowners. If a taxing unit or district has been established, the fee will be bil_led and collected annually by the county as part of the property tax bill. The homeowners' association fee will be billed and collected by the homeowners' association or its designee at least annually in accordance with the bylaws of the homeowners' association. The fee and scope of maintenance services is subject to annual review and adjustment by the county or homeowners association, as applicable. .
G) Purchaser acknowledges that Purchaser may not have seen a model Home. Purchaser understands and acknowledges that the construction and finishing of the Home being purchased will be in accordance with the terms and conditions of this Contract and any Addenda or Exhibits attached to this Contract.

(k) PURCHASER ACKNOWLEDGES THAT HOMES IN THE SUBDIVISION IN WHICH THE PROPERTY IS LOCATED WILL BE AVAILABLE FOR RENT FOR PERIODS OF LESS THAN THIRTY (30) DAYS.
Contract. This Contract and any Addenda or Exhibits attached hereto constitute the entire agreement between the parties. Except as set forth in this Contract, this Contract may not be modified or amended except in writing signed by both Purchaser and Seller. Time is of the essence under this Contract, particularly where the obligation to pay money is concerned. All the terms and provisions of this Contract shall survive the closing.

Seller may make any changes to the Lots, the preliminary draft of the Plat attached he_reto as part of Exhibit "A" ("Preliminary Plf!t"), the Plat, or the HOA Documents prior to closing that Seller deems necessary or desirable, in Seller's sole discretion. If, in Seller's sole discretion, these changes do not materially alter or modify the offering in a manner adverse to Purchaser, they shall be considered "Non-Material Changes." Non-Material Changes may include changes to the HOA Documents; a decrease in the size of the Home of no ore than three percent (3%) from the Home described in the exhibits attached hereto; changes to update disclosure information as required by Florida law (including changes in the officers or directors of Seller; any action taken pursuant to any reserved and previously disclosed right; and completion of improvements); correction of grammatical or typographical errors; formatting changes; any change to or addition of a document affecting prospective purchasers only; any substitution of an executed, filed, or recorded document for the same unexecuted, filed, or recorded copy; any changes to the Preliminary Plat or the Plat required by any governmental authority; or any increase in insurance coverage. If, in Seller's sole dis_cretion, a change materially alters or modifies the offering in a
manner adverse to Purchaser, it shall be considered a "Material Change." If Seller makes a Material
' .,. ,,. .
Change, Seller shall provide Purchaser with a notice of the Material Change granting a three (3)-day rescission period along with copies of any documents revised due to the Material Change. Purchaser authorizes Seller or its authorized agent to insert or change Lot numbers wherever necessary to conform with the recorded Plat, the Preliminary Plat, and the HOA Documents and to make any changes, SOLICITORS, 58220, 00001, 100641817.3, Page9 of 16 Initials:
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insertions or deletions in this Contract and any documents to be executed under this Contract as may be necessary to insure compliance with the terms of this Contract; provided, however, that any changes in such documents will be of an administrative nature only and will not materially or adversely alter the reasonable expectations of Purchaser without Purchaser's consent first being given in writing.
Bindine Effect; Entire Contract. This Contract is binding on the parties and their respective heirs, legal representatives, successors, and assigns and may not be assigned by Purchaser without the prior w1itten consent of Seller. This Contract represents the entire agreement between the parties and supersedes all prior memoranda, correspondence, conversations, and negotiations between the parties to this Contract. \Vith the exception of the separate Homeowners' Association Disclosure
provided to Purchaser, there are no oral or written understandings, warranties, or representations between the parties that are not expressly contained in this Contract. If this Contract is executed outside of the
sales office of Seller located in Florida, it will constitute an offer by Purchaser to Seller, and will in all
events be subject to acceptance by Seller in Seller's discretion at Seller's offices in Florida. Except as otherwise provided, this Contract may only be amended in writing, signed by all parties. Purchaser may not record this Contract or any memorandum of this Contract, and any recording of same by Purchaser will constitute a breach and Seller may terminate this Contract at its option and retain all deposits.
Notices. All notices required or contemplated by this Contract shall be in wntmg. Where given to Seller, they shall be given by personal delivery to Seller or by mailing same by registered or certified mail, postage prepaid, return receipt requested, addressed to Seller at 215 Celebration Place, Suite 500, Celebration, Florida 34747. Where given to the Purchaser, they shall be given by personal delivery to Purchaser or by mailing same by registered or certified mail, postage prepaid, return receipt requested, addressed to Purchaser at the address following their name(s) on page 1 of this Contract or as otherwise designated in writing by Purchaser. Notices shall be effective one (1) day after the date placed in the mail if sent by certified mail, or on the date received if given by personal delivery.
Severability. If any provision of this Contract is determined to be invalid and unenforceable under applicable law, the same will be stricken from this Contract and will in no way affect the other provisions of this Contract. This Contract will remain in full force and effect and will be construed in all respects as if the invalid or unenforceable provision were omitted.
Radon Gas. Radop 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 the public health department for the county where the ?roperty is located.
Mold. According to the Centers for Disease Control and Prevention's National Center for Environmental Health, mold spores are naturally occurring microscopic organisms that may be found virtually anywhere, both indoors and outdoors. Mold spores may enter a home through open doorways and windows, HVAC systems, or other sources of air infiltration. It is not yet known whether mold can cause serious health problems. The most medical symptoms reported from mold exposure include the following: runny nose, eye irritation, cough, congestion, aggravation of asthma, headache and fatigue. Although it is impossible to have a mold-free home, controlling moisture is the best way to control mold growth. Other mold reducing measures include: vacuum and clean regularly, use mold killing cleaners, use air conditioners and dehumidifiers, vent clothes dryers to the outside and use exhaust fans when cooking, dishwashing, showering and cleaning. For more information on mold, you may contact the Centers for Disease Control and Prevention at telephone number 1-800-3,P-3435 or
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www.cdc.gov. Purchaser is further advised to read the Mold Addendum attached hereto and incorporated herein by reference.
· Insulation. Seller and Purchaser hereby acknowledge pursuant to Section 460.16 of the Federal Trade Commission Regulations regarding labeling and advertising of home insulation, that the types, thicknesses and R-Values of insulation presently anticipated to be installed in the Home at the time of closing shall be as set forth below:

Location
TYQe ofinsulation
Thickness
R-Value
Exterior block walls
Fl-Foil
¾"
R-4.5
Ceilings
Blown
± 9"
· R-30
Exterior frame walls
Batts
± 4"
R-19

The "R-Value" indicates the resistance of insulation to heat flow. The higher the R-Value, the greater the insulating power. Seller has not made its own independent determination of the R-value data provided to Seller by the insulation manufacturer. ·
Florida Building Energy-Efficiency Rating Act. Pursuant to the Florida Building Energy-Efficiency Rating Act, Part VIII, Chapter 553, Florida Statutes, Purchaser may have the energy efficiency rating of the Home determined. The cost for obtaining this rating is the responsibility of Purchaser. By execution of this Contract, Purchaser acknowledges receipt of the Department of Community Affairs' information brochure regarding Florida's Energy-Efficiency Rating System. ·
Real Estate Brokers. Unless otherwise indicated below, Purchaser represents and warrants to Seller that Purchaser has not engaged any _broker, agent, or finder in connection with this transaction, and Purchaser covenants and agrees to indemnify and hold Seller harmless from any and all losses, damages, costs and expenses including attorneys' fees and court costs that may be incurred or suffered as a result of any claim for any fee, commission, or similar compensation with respect to this transaction made by any person or entity and arising through the actions of the Purchaser, whether or not such claim for any fee, commission, or similar compensation with respect to this transaction made by any person or entity is meritorious.

Broker: Phong T. Deo

Address:

%' Broker Signature:

1,. \S''

or,-G ,

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Inspection.
1. Because this Contract is being executed prior to completion of construction of improvements on the Lot, Seller shall notify Purchaser in writing when construction is completed. Prior to closing, Purchaser and Seller shall inspect the Property and execute a written list specifying all items, including any noted in previous inspections, that remain to be completed ("Walk Through List"). No items shall be considered part of the Walk Through List unless such items are actually written on the Walk Through List. Purchaser acknowledges that Seller will make a reasonable effort to complete all of the items specified in the agreed upon Walk Through List on a timely basis, but the fact that any repairs, touch ups or adjustments are incomplete shall not constitute a valid reason for Purchaser to fail to close. The Property shall be considered to be ready for closing upon issuance of a Certificate of Oecupancy or other similar document issued by a governmental agency and Purchaser's receipt of notice of same from Seller. Purchaser further agrees that under no circumstances shall the closing be delayed or postponed· due to Purchaser's inability to inspect the Property and execute a Walk Through List prior to closing, and there shall be no withholding of any or all of Seller's proceeds at closing for any such Walk Through List items without the advance written approval of Seller. ·
2. Except for items set forth in the Walk Through List, Purchaser expressly acknowledges acceptance of all conditions or circumstances existing on the Property and waives and releases Seller, its agents, employees and subcontractors, and broker, from any claim, rights of action or suits seeking rescission of this Contract, damages or other relief based upon, or relating to, any condition or circumstances existing on or in the vicinity of the Property, except as may be covered by an express warranty, if any, given the Purchaser by Seller. Upon satisfactory disposition of the items set forth in the Walk Through List, this acceptance, waiver and release shall apply to such items as well, except as may be covered by any express warranty.
Warranty; Limitations. Seller warrants the construction of the Home against defects in workmanship and materials for a period of one (1) year from the closing date, against defects in electrical, plumbing, and mechanical systems for two (2) years from the closing date, and against structural defects for ten (10) years from the closing date, but all such warranties are only in accordance with, and as limited by, Seller's New Home Warranty, which Seller shall deliver to Purchaser at closing. The Seller's obligation under this warranty is limited to repairs and replacement. This is the only warranty provided by Seller with respect to the property. As to items not of SeUer's manufacture, such as any air conditioner, water heater, refrigerator, range, dishwasher, and other appliances or equipment or cons mer products as defined by the Federal Trade Commission, Seller agrees to transmit to Purchaser the manufacturer's warranty regarding such items without recourse. SELLER MAKES NO WARRANTY FOR SUCH ITEMS. THE NEW HOME WARRANTY SUPPLIED BY THE SELLER IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, SELLER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE CONSTRUCTION ON THE PROPERTY OR ANY PERSONAL PROPERTY LOCATED THEREON. EACH OWNER ASSUMES ALL RISKS AND LIABILITIES IN CONNECTION WITH. THE USE OF ANY OF THE AFOREME TIONED PROPERTY. PURCHASER REPRESENTS THAT PURCHASER HAS READ AND UNDERSTANDS THIS PROVISION, AND THAT PURCHASER UNDERSTANDS AND AGREES THAT BY ENTERING INTO THIS CONTRACT, PURCHASER HAS KNOWINGLY RELINQUISHED ANY AND ALL WARRANTIES OF ANY KIND OR NATURE REGARDING

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THE PROPERTY OR ANY PERSONAL PROPERTY LOCATED THEREON, EXCEPT THE SELLER'S NEW HOME WARRANTY EXPLAINED ABOVE.
Limitation of Liability. IT IS UNDERSTOOD AND AGREED THAT SELLER'S LIABILITY, WHETHER IN CONTRACT OR IN TORT, FOR NEGLIGENCE OR BREACH OF WARRANTY, IS LIMITED TO THE REMEDY PROVIDED IN THE HOME WARRANTY DELIVERED BY SELLER TO PURCHASER AT TIME OF CLOSING. SUCH A WARRANTY IS LIMITED TO REPAIR AND REPLACEMENT OF DEFICIENT PARTS OR WORK. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES BEYOND THE REPAIR AND REPLACEMENT OF DEFICIENCIES DURING THE TERM OF THE WARRANTY, INCLUDING WITHOUT LIMITATION, ANY DAMAGES BASED UPON A CLAIMED DIMINUTION IN THE VALUE OF THE HOME, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warrantv Exclusions. Seller shall in no case be responsible for damages to a home which are not caused by the Seller or its employees, agents or subcontractors, but which result from acts of God or catastrophes of nature, including, but not limited to, fire explosions, smoke, water, landscape failure, or changes which are not reasonably foreseeable in the level of the underground water table, sinkholes, glass breakage, windstorm, hail damage, lightning, falling trees, aircraft, vehicles, flood or earthquake damages. Seller shall not be responsible for damages to the Home caused by activities which take place on parcels of land adjacent to, or in close proximity to, the Property, including, but not limited to, damages caused by nearby toxic waste sites, overhead electric power or utility lines, airport activities or functions, or mining or farming operations.
Environmental Conditions. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE EXISTENCE OF, OR FUTURE DEVELOPMENT OF, ENVIRONMENT AL CONDITIONS ON THE SUBJECT PROPERTY, INCLUDING POSSIBLE PRESENT OR FUTURE POLLUTION OF THE AIR, WATER OR SOIL, FROM ANY SOURCES, SUCH AS UNDERGROUND MIGRATION OR SEEPAGE (INCLUDING RADON GAS). SELLER'S SOLE WARRANTY TO PURCHASER IS. THE LIMITED EXPRESS WARRANTY DESCRIBED IN THIS PURCHASE AGREEMENT, SELLER EXPRESSLY DISCLAIMING ANY LIABILITY FOR ANY TYPE OF DAMAGES, WHETHER DIRECT, . INDIRECT OR CONSEQUENTIAL, WHICH HOME OR PROPERTY, OR ITS INHABITANTS, MAY SUFFER BECAUSE OF ANY EXISTING OR FUTURE ENVIRONMENTAL CONDITIONS.
ntentionally Left Blank for Upgrades and Color Selection Addendum

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Prepaid Items and Escrows. Certain prepaid items and escrows shall be paid or funded by the Purchaser at closing. These prepaid items and escrows include the payment of first year hazard insurance premium, payment of interest on mortgage loan from closing date until the first day of the following month, funding escrows for real estate taxes, hazard insurance and mortgage insurance premiums and homeowners' association transfer or initiation fees. If a homeowners' association has been formed for the subdivision in which the property is located, prepaid items will include an initial fee to join such associated and prorated annual assessments for the year of closing as charged by the applicable homeowners' association.
Risk of Loss. If the Home or Lot is damaged by fire or casualty before delivery of the deed, and the Home and Lot can be restored to substantially the same condition as now exists within a period of sixty (60) days thereafter, Seller shall restore same and the closing date set forth above shall be extended accordingly. If Seller fails to do so, Purchaser shall have the option of (a) taking the property as is, together with the insurance proceeds, if any, or (b) canceling the Contract, in which event all deposits are to be returned to the Purchaser and all parties shall be released from any and all obligations and/or liabilities hereunder.
Sinkhole Exclusion. Certain areas of Florida have experienced a sinkhole and soil settlement activity. Seller has consulted with soil engineers about the potential for sinkhole development in the area where the Property is located and has been advised that no soil study or investigation can offer any guarantee that sinkholes will not develop on a specific Lot. Seller has also been informed that soil engineers can conduct testing and exploration of potential sinkhole sites in an attempt to assess the possibility of future sinkhole development. Seller assumes no responsibility to make any tests for such purposes, but Seller will permit Purchaser to do so, at Purchaser's expense, if the Purchaser so desires, provided such tests occur within seven (7) days of the date of this Contract. If Purchaser has any concerns about the possibility of this particular Florida property being afflicted by a sinkhole condition, Seller advises Purchaser to purchase homeowner's or hazard insurance to protect Purchaser against losses resulting from any such catastrophe occurring.
Additional Terms.
Miscellaneous.
1. Renderings and drawings are not actual photographs of the Home and do not constitute a representation or warranty as to construction, interior finish, decor, amenities, or other features.
2. This Contract may be executed in any number of counterparts, which together shall constitute the Contract of the parties. The effective date of this Contract is the date of execution by Seller, and shall not be affected by whether or when Purchaser receives a fully executed copy of this Contract. Seller is hereby authorized to make any inquiry and investigation as to Purchaser's character,
  
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  reputation, credit, and financial responsibility as Seller may deem appropriate in evaluating whether to accept Purchaser's offer to purchase the Unit. Purchaser will, whenever and as often as he shall be required to do so by Seller, execute, acknowledge, and deliver any and all documents so requested or as are necessary in order to carry out the intent and purposes of this Contract.
3. The captions in this Contract and in the Addenda/Exhibits annexed to this Contract are inserted only as a matter of convenience and for ease of reference and in no way define or limit the scope of the particular document or any provision of this Contract or the Addenda/Exhibits annexed to this Contract. Wherever the context so permits, the singular will include the plural, the plural will include the singular, and the use of any gender will be deemed to include all or no genders. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., and for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation. The waiver by Seller of any term or condition of this Contract shall not be deemed as subsequent waiver of the same term or condition nor as a waiver of any other term or condition of this Contract.
4. No legal or equitable lien shall result in favor of Purchaser as a result of the execution of this Contract and/or the deposit of any monies pursuant to this Contract, and Purchaser agrees that the terms and provisions of this Contract are subordinate to the lien of any mortgage now existing or hereafter made or placed upon the Property by Seller (including any and all amendments, extensions or modifications to existing mortgages), and to any advances made to Seller under the terms of any such mortgage without the execution of any further legal documents. ·
Construction Defects. FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR AN ALLEGED CONSTRUCTION DEFECT IN
YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW.
Choice of Law and Forum; Governing Law; Waiver of Jury Trial. The local laws of the State of Florida, without regard to Florida's choice of law rules, will exclusively govern the interpretation, application, enforcement, performance of, or any other matter related to, this Contract. Seller, Purchaser, and any other party claiming rights or obligations by, through, or under this Contract, each waive any right they may have under any applicable law to a trial by jury with respect to any suit or legal action which may be commenced by or against the others concerning the interpretation, construction, vaJidity, enforcement, or performance of, this Contract or any other agreement or instrument executed in connection with this Contract. The Circuit and County Courts of the _th Judicial Circuit, in and for Polk County, Florida (the "County Courts") will be the exclusive venue for any dispute, proceeding, suit or legal action concerning the interpretation, construction;validity, enforcement, performance of, or related in any way to, this Contract or any other agreement or instrument executed in connection with this Contract. In the SOLICITORS, 58220,00001, 100641817.3, Pagel5of16 Initials:·

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event any suit or legal action is commenced by any party, the other party agrees, consents and submits to the personal jurisdiction of the County Courts with respect to such suit or legal action. Each party waives any and all rights under applicable law or in equity to object to jurisdiction or venue in any judicial or non-judicial forum other than the County Courts.

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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the dates set forth below.

WITNESSES: "Seller"

Platinum Properties of Central Florida, Inc.,

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"Purchaser"

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SOLICITORS, 58220,0000l, 100641817.3,

New Homcbuyer Purchase Agreement 11/18/04 I :09 PM

Executed on: Mfr\,/ \ 2-) , 2005

"Purchaser"

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Docket for Case No: 11-002171PL

Issue Date	Proceedings
Jul. 13, 2011	Order Closing File. CASE CLOSED.
Jul. 13, 2011	Motion to Relinquish Jurisdiction filed.
Jul. 11, 2011	Amended Notice of Hearing by Video Teleconference (hearing set for July 27, 2011; 9:00 a.m.; Orlando and Tallahassee, FL; amended as to video teleconference and hearing locations).
Jun. 29, 2011	Order Granting Continuance and Re-scheduling Hearing (hearing set for July 27, 2011; 9:00 a.m.; Orlando, FL).
Jun. 14, 2011	Notice of Appearance and Substitution of Counsel (filed by L. Roderick).
Jun. 14, 2011	Motion to Continue and Re-Schedule Formal Hearing filed.
May 18, 2011	Order of Pre-hearing Instructions.
May 18, 2011	Notice of Hearing (hearing set for July 12, 2011; 9:00 a.m.; Orlando, FL).
May 18, 2011	Order Closing File as to Respondents James F. Marx and Lawrence M. Maloney.
May 18, 2011	Motion to Remove Respondents James F. Marx and Lawrence M. Maloney filed.
May 17, 2011	Joint Response to Initial Order (dated) filed.
May 17, 2011	Joint Response to Initial Order (not dated) filed.
May 11, 2011	Notice of Ex-parte Communication.
May 10, 2011	Respondent, Lawrence Maloney's Response to Initial Order filed.
Apr. 29, 2011	Initial Order.
Apr. 29, 2011	Notice of Appearance (filed by S. Stevens).
Apr. 29, 2011	Election of Rights (L. Maloney) filed.
Apr. 29, 2011	Answer to Administrative Complaint and Request for Formal Hearing filed.
Apr. 29, 2011	Election of Rights (J. Marx) filed.
Apr. 29, 2011	Administrative Complaint filed.
Apr. 29, 2011	Agency referral filed.

Source: Florida - Division of Administrative Hearings

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs DAVID WEIKER, 11-002171PL (2011)

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Docket for Case No: 11-002171PL

Shiv Narayan Persaud

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Location	Type oflnsulation	Thick.ness	R-Value
Exterior block walls	Fl-Foil	¾"	R-4.5
Ceilings	Blown	± 9"	R-30
Exterior frame walls	Batts	± 4"	R-19

Location	Tvne of Insulation	Thickness	R-Value
Exterior block walls	Fl-Foil	¾"	R-4.5
Ceilings	Blown	± 9"	R-30
Exterior frame walls	Batts	±4"	R-19

Location	TYQe ofinsulation	Thickness	R-Value
Exterior block walls	Fl-Foil	¾"	R-4.5
Ceilings	Blown	± 9"	· R-30
Exterior frame walls	Batts	± 4"	R-19

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs DAVID WEIKER, 11-002171PL (2011)

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Docket for Case No: 11-002171PL

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Shiv Narayan Persaud

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