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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs W. SHANNON JONES AND LANCE SICKLES, 00-001008 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001008 Visitors: 7
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: W. SHANNON JONES AND LANCE SICKLES
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Mar. 03, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 28, 2000.

Latest Update: Dec. 23, 2024
GO pa HAR 3 Pit [23 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION i FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, OO -/408 Petitioner, vs. DBPR Case N° 98-84172 98-84701 W. SHANNON JONES AND LANCE SICKLES, Respondents. ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against W. Shannon Jones and Lance Sickles (hereinafter “Respondents”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165. Fla. Stat., Chapters 120, 455 and 475, Fla. Stat.. and the rules promulgated pursuant thereto. 2. Respondent W. Shannon Jones is and was at all times material hereto a licensed Florida real estate broker, issued license number 9653939 i in accordance with Chapter 475, Fla. Stat. The last + license issued was as a broker o4Florida Island Properties, Inc., 2301 Chadwick Court, Boynton Beach, Florida 33462. FDBPR v. W. Shannon Jones Case No. 98-84172 Administrative Compiaint 4. Respondent Lance Sickles is and was at all times material hereto a licensed Florida real estate salesperson, issued license number 0619905 in accordance with Chapter 475, Fla. Stat. The last license issued was as a salesperson %Florida Island Properties, Inc., 2301 Chadwick Court, Boynton Beach, Florida 33462. 5. On or about March 24, 1998, Respondent Jones entered into a listing agreement with Jessica and Ed Bartoszek (“Sellers”). A copy of the agreement is attached hereto. incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 6. The Sellers executed the notice of transaction broker. 7. Respondent Sickles procured buyers for the property, Bennett and Gloria Kamins (“Buyers”). On or about July 14, 1998, the parties executed a contract for the sale and purchase of the real property located at 28 Dogwood Circle. A copy of the contract is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 8. On or about July 14, 1998, the Buyers were provided with a notice of nonrepresentation. A copy of the notice is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. 9. On or about July 14, 1998, the Buyers were provided with a notice of transaction broker. A copy of notice is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 4. 10. After the contract for sale had been signed, but prior to closing, the Sellers advised that FDBPR vy. W. Shannon Jones Case No. 98-84172 Administrative Complaint Respondent Sickles allowed the buyers access to the property without obtaining written agreement from the sellers. 11. The buyers had work performed on the tile and placed some furniture in the house. 12. Respondent Sickles advised that he provided the buyers access to the lockbox by leaving it unlocked and failed to get written permission from the Sellers, 13. The contract subsequently closed as scheduled on August 24, 1998. A copy of the settlement statement is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 5. COUNT I Based upon the foregoing, Respondent Ww. Shannon Jones is guilty of 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 § 475.25(1)(b), Fla. Stat. (1998). . COUNT I Based upon the foregoing, Respondent Lance Sickles is guilty of misrepresentation, ; concealment, false Promises, false © pretenses. dishonest t dealing by, trick, scheme | or device, culpable negligence, or breach of t trust j in any business t transaction in violation of 5 475. 5.25(1(b), Fla. Stat, “(1998).” WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the FDBPR v. W. Shannon Jones Case No. 98-84172 Administrative Complaint 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 f Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or r registration or permit; suspension of the license. registration or permit fot a petiod not to exceed ten n( 10) years. imposition of an administrative fine of up to $1.000 for each count or offense: imposition of investigative costs; issuance of a reprimand: imposition of probation subject to terms including, but not limited to. requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., 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 reprimane, imposition of probation subject to terms including, but not t limited t to, requiring the licensee, registrant, or ‘Permitee to complete and pass sal oats — pein aati d ~ additional real estate te education courses; publication: restriction of practice; inj unctive or mandamus relief; imposition of a cease and desist t order; or any combination of the foregoing which may apply. See § 455.227, Fla. | Stat and d Rule 61J2-24.001, Fla. Admin. Code. 4 FDBPR v. W. Shannon Jones Administrative Complaint Case No. 98-84172 “SIGNED this_/& a day of _Layem bor . 1999, GChk PCP: MSP/CS 11/99 PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat. is not NOTICE TO RESPONDENTS KBusiness and” Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER Ghunise Coaxum Florida Bar N° 077348 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX available for administrative disputes involving this type of agency action. FDBPR v. W. Shannon Jones Administrative Compiaint FAL PLEASE BE FURTHER ADVISED that pursuant to this PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twentv-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 resuit in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. 6 "5. SELLER OBLIGATIONS: In consicerat This Exciusive Right of Sale Listing Agreernent CAgreement"} is between Eduin Pi sactoszeke ene WD. Sones { Florida Toyland Kreger bes 1, AUTHORITY TO SELL PROPERTY: Seller gives Broker tne EXCLUSIVE RIGHT TO SELL the reat an “collectively “Property") descrited below, at the once and térms Gescribed below. caginning the __o- ‘aa 19.9% | ana terminating at 11:59 p.m. ine SQ say of 1 =49 qepiy “Termination Date"). Upon fuil execution of a contract for saie and burcnase of the Property, ai nahts andigbligations or iis? j Agreement will automatically extend through the date of the aciuai Closing of the saies contract. Seller and Broker 7” acknowledge that this Agreement does not guarantee a sale. This Propeny wil be offered to any person without color, religion, sex, handicap, familial status. nationai ongin or any other factor protected by federal. state or ioc cemifies ana represents that he/snevit is legally entitled to convey the Proneny ana all imoroverrents. a lav. Selier ~ 2. OESCRIPTION OF PROPERTY: (a) Real Property Street Address: 2.5 f- 1 ude Ry on & fe. SBBY6o- ST ee . a _ Legal Descnpton: endows ss at UAT iat om Blok wT : ‘4 Seo Attachment _ (b) Personal Property. including appliances: Keto e. Diiucohec onl 2ourg . SMACK TUN, _~. ee ~ A See Attachment {c) Occupancy: Property 2 is P, IS ACY Currently occured by a tenant. If occupied, the lease tern exo1es . PRICE ANDTERMS: The progeny is offered tor saie on the following terms, or on other terms accentable to Seller {a) Price: : . (0) Financing sind arCash &Convenyonal PVA FHA S Ciher 3 Seller Financing: Seller wi noid a uqchase MoneygMonaage in the amount of $ fsilowing terms: ne ee . = Assumption oF Existing Mortgage: Buyer may assume existing mortgage for 5. _ — assumotion fee of $ .-—_. The mortgage is for atermof _ _ years Deginring wg . mterest rate of_ % Q fixed Q vanabie (describe) 3 ts . 7 Lender approvai of assumptcn 2 is required Dis not required Q'unknown. Notice lo Seller: You may remus tawie fur ar assumed mortgage for a number ot vears atter the Property 1s sold, Chack witht your lender to aetermme the extent < iabihty. Seller wit ensure that aif mortgage payments anu rcquired escrow deposits are current at the tine of closing anc convey the escruw deposit to the buycr at closing. . (c) Seller Expenses: Seller vis pay Mortgage viscount cr other closing costs'not to exceed ofthe purcnase cnc: and any other exnenses Seller agrees to Day in connection with a transaction. - BROKER OBLIGATIONS ANDO AUTHORITY: Sroker ayroes to make diligent anu continuos effe sales contract is nending on the Property. Seller authonzes Broker to: : : (a) Advertise the Property as Broker aeems advisable in newspapers. Duplications, computer networks and other mecia. place appropriate transaction s:gns cn the Property, including “For Saie" signs anc “Sold” signs «nce Seller contract); and use Seller's name in cunnection with marketing cr advertising the Property (b} Obtain information relating to the present mortgage(s) on the Property. (c) Place the Property in a muitwie listing service ("MLS"). Seller auinorizos Broker to report to the Mi information anc orice, terms and financing inforrnation on any resuiling sale for use by authorized Vor members, MLS participants ang subscribers: . (d) Provicie objective compasiive market analysis information to potential buyers: ana (e) (Check if appicable) Is@ & lock box system to show and accass the Propeny. A .ock box oes not ensure tne Property's security; Seller is advised lo secure or remove valuables. Seller agrees that the lock box is for Seller's son and releases Broker, con yo througn Broker and Broker's iocal Realtor Board / Association irom all Fatality 2 it w i © seil the Property uct w S 2 SHES responsibility in connection wyavany toss that occurs. : | hold verDat o ers OF eller accepts a sales contract for the Propeny J ion of Broker's ooligations, Seller agrees to: ‘ (a) Cooperate with Broker in carrying gut the Sumpose of this Agreement, including retesting mimeciatey to Broker 2 to wo 4 j iAquines regarUirig the Property's transfer, wheiher by purcnase or any other means of transter : ' (b) Proviae Broker with keys to the Property and make the Property available tor Broker to show Gunng reasoname tras (c) Inforrn Broker prior tu leasing, mortgaging or otherwise encumboring the Property. (d) To indemnity Broker and Fold Broker hariiess from tosses, damages. costs und ¢xpenses of arv nature, : : ‘acluding attorney's fees, ana ‘rom iiability to any person, that Broker incurs because ot (1) Seller's “eaxgence. representations. misrepresentations, actions or inactions. (2) the use of a lock bux. (3) ne existence or undisciosea ma: ‘acts about (he Property, or i@j a court or arbitration décision that a broker who was not componsa‘ed in connection transaction 1s enutied lo compensaticn from Broker. This clause wil survive Broker's :erformance ans the lrarister 0° (e) To periorm any act reasonably necessary to comply with FIRPTA {Internal Revenue Sode Secticn 1455). ~s (f) Make aii jegaily required c.sclosures, including ail facts tnat matenaliy affect the Property's value anc are not sea observable or known by the cuyer. Seller certifies and reoresents that Seller knows cf no sucn material tacts toca government tb 1g code vic inonservuble defects. atc 1 cther than the following: | Seller vai immediately inform Broker of any material tacts inat arise after signing this Agreement. {g} Consuil agpronrate crofess:onais fcr relatea legal, tax. cromerty conuition, enwronmental, forerir -enorinu require: and other speciaized advice. ’ . ; 6. COMPENSATION: Seller wi conipensate Broker as scecitied ociow for procunng a buyer wna is ready. wailing ang 2 purchase the Proceny or any terest in tne Prooeny on the tems o} this Agreement or on any other ters accantatie to Seller. Sellar wit vay Broker as ‘cltows ipius acpicabie sates tax): fal CA % of the toatl Durcnase orice OR $ no jater than tis cate of cigsing spec - eli Al het “teSaNs. exchangars, optionees and offer ca 2 CONTAC! Granting an excussive ngnt ta lease the Promerty. anv interest 1 ine Property is transterrea, vinetner by sale. case, Lifer Means Of rez isior. regardless of whether tne Duver (s securec by or tats to sian an offer at the price ana terms stated in this ‘ao ot) Broker § 1655 Ce fi PSUNNUE, GUVEINITeNLae Sroker. Seller or any contract or agrees vaic a Suyer to cancel an executed Saies Contract. (3) if, within LON Lule Protection Penod’), Seller tra: OF contracts tu tanster ine Property or any miterest im the Precenty { wilh whom Seller, Broker or any rear estate licensee communicated regarding tne Propeny prior to Terminatien 1, 110 feu wi Las due Broker it the Procerty is relisted atter Termination Date and SOid through another broker. fained Oepooits. sideration for Broker's services, Broker :s entitied te receive +s Of all deposits tra: Seller eicins as fquidigled Jamages ior a buyer's detauilt.in a (ransaction, not to exceed the Oaragrapr Glu) fee. 7, COOPERATION WITH OTHER BROKERS: Broker'stittice policy is to coopevale with ail cther brokers except when net ir Seller's Sest interest, and to omer compensation 10: @Buyer’s agents, who repesver the interest of tn yer ANG Not the “uerest C! Seller in a transaci.on, even if compensatea dy Seller or Broker. & Nonrepresentatives YTransaction brokers. 4 fvone ci the above iif this tox is checked, the Procerty cannot be Placed :n the MLS). 8. BROKERAGE RELATIONSHIP: FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THE? ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION. As a transaction broker, oc ind Vpertes _.. and its associates, provides to you a limited form of representation that includes the following duties: +. Dealing honestiy and fairly; + 2. Accounting for ail funds; . Using skill, care, and diligence in the transaction: Disclosing all known facts that materially affect the vaiue of real property and are not readily observable to the buyer, . Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; 5. Limited contidentiality, uniess waived in writing by a party. This limited confidentiality will prevent disclosure that the eller will accept a price less than the asking or iisted price, tnat the buyer will pay a price Qreater than the price mitted 1 a written offer. of the motivation of any party for seiling or buying property, that a seiler or buyer will agree nancing terms other tnan those offered, or of any other information requested by a party to remain contidentiai: ana ¢. Any additional duties that are entered into by tnis or by separate written agreement. Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation atows a licensee to facilitate a reai estate transaction by assisting both th buyer and the seifer, but a licensee will not wark to fepresent one paity to the detnment of Dp. ‘. Date “Signature / ‘Sighafure ‘ 9. CONDITIONAL TERMINATION: AS Seller's request. Broker may agree 26 conaitionally inate inis Agreement. Broker aGrees ty conaiicnal temminaticn, Seller must Sign a windrawal agreement, remburse Broker for atkayect expen: INCuUittaAs mathevoy the Property ana oay a cancellation fee as - dlus appicable sales tax. Broker may void the o nailonal terrnaton and Seller wit ay the fee sturea caragrapn 61a} less the cancellation fee if Seller transfers or wacts tu tiansler Ihe PloLeny or any interest in the Property dunng the tne period irum the date ot conditional termun, *o Termination Dale and Frolecuon Period, if appucaisic, 10. DISPUTE RESOLUTION: Agreement wil ¢ cscsi i LelWeen Ine piles a ising Out Of or reating to wns ed uniGer Flonda law. All Controversies, Claws and ulher mailers 0 the Tults Of We Awnencan Mediation Asscon YING prevaning Cary wai be enutica to rece we Oa. FCEMent OF Ine breacn thercot Wii De. sexten by frsTattoragning SACK GiNer Mediator agreeu vyaci by the parues. if itigalon arses c fae easonnoie altomey s lees and Costs, uryeys ie 0: agree tnat elhect by aIOTTauGn as jolows: Arbitration: Sy INILaING IN the Space proviced, selleepors i FR Aan Listing Broker nee inal cisSuies not roscived by mediation will be settled by neutral binding aroit: CounTTA wiin.h the Piopaurly Is teee(ed in accordance with the rules of the 6 Arbitration Association or other arava auban by the parties. Econ party to any arnitration or Higation (including panies Soild Intermpleacars) will pay tts own aes, c: eAHeNSUS, inCluding attorrey’'s fees, and will eciuaily sor Ine arotrators’ fees and administrative tees of arbitrator. © 11, MISCELLANEOUS: ‘as Agreement is binding on Broker's 70-Seller's hairs, personai representatives, admunistrate:s. “Suace! 3 Broker may assiyy this Agreement to another listing office. Signatures, snitials and modifications Su UNCdled Gy facsur we: be consi¢éred as onginais. The term “buyer\as used in this Agreement includes buyers. " YL we NAAM B4z: Fax iO No: Work Te esinorfe: Facsimue uf f 4 RET GA. Tax ft No one: . f Date: 224/42 Authonzed Listing ASsucrate-or Broker: thon: Hoado Delong Poarties uy 19QBQ_ by: O cersonai delivery ym i A facsi : US NO TeEFESENauON as + ai vardity Gr adequacy of anv orovisicn of tus form in env sree trangactan i> s COX Ua fe OF additions. Ths lor ts avaqacie fcr Use ty tne Ontne real estate ener a feusteted COdectve Membership wien may Ge USAT Only Cy ral esiaie: t \ nay O ae ofS OfCdled. fh “OuGn is exercise, ates subparag j W [Lv O07 Ine dale Seller enters Mo a lease or Men ease, wmcnen: NERO one ores onerr igen FARBAR-4A Revtses 12°05 SIDERS CAN BE OBTAINE. n z: THIS FORM HAS BEEN 9” /8D BY THE FLORIDA ASSOCIATION OF Ri iS® AND THE FLORIDA BAR. Coatract for Sale and Pusase PLORIQA ASSOCIATION OF REACTORS= Ano THE FLORMA naR ) Senet ®) some Se ia} Dance need in excrow oy ___ o=“Ghltatd 3 h tom 3 EZ, 200.E9 (0) AdsHiona\ eocrew dapoak 10 be mage win __ cays after Evie Oem (a2 of fred ih Paregrapn ji me amour wememmien oynn S (2) Subyec: tt AND sesumpton of axieting manpage m good siancing mn favor ot ‘FINANCING: :ar if ine Purenase Price or ary oart of 11 M6 Ic 08 financed ov a miro-Carty an, Mis Commact @ condmoned on BUYtr CoeANS a writen commement wehin Za... aires Effective 3 SCS ESK GNLY ONEN: J a aadd: O an squetacig: or a peas! 18 EIS oan mn he ONNeOw Cots 21 ON INTL toeresi tele AGT IO wee conser na made ancar,anator at ot Near Bure wa rv anoron tern days ater Etectve Daw and v0 Igence to oolan @ ican ‘ang, . te sasely terme and conerbone af the commetment and cose he loan, Buyer ened cay au en ihe terms ana esnamone of Me commirmam. men onner party Cereatier, cy writen notes t me other, ‘May cance: nts Contes ana Guyer anes oe he cenced §): oF 11 The axeang mortgage described in Pargrepn lic), above, ngs (CHECK ONLY ONEI: 2 a vanadie intereat trim, o 3 a fined Inerest rate of Re per anoum. At ime of te Caneter. soma (Wed inteteat rates are sucrect 19 Increase: # created, ine rate aha nox sxceea. OR, per annum. Seier snail, within [Bays aner Gtecuve Dave, unsh & akareenent sem each Morgagea satng ine crncpal Dance. metnod of neyment, wteremn rate SIS Of Mortage. tf Buyer nae agreec # acsume a mcrnage wach requires, approve of Guyer By Tne mengages tor on. hen Guver eral Brome Oblmn ‘ne RecsaKary anDiICaUON and GeGonty Comeiete and Tetum fo the MorIgages. Any MagR GES charge) not to exceed $ prea be card oy Buyer. it Buyer we nct ascepled by morpagee oF the rGUMEIMENIE Er EREUMDROR are NO: n oocoruanoe wr ‘he terme ot 8 Contese: oF moi maxee & Charge in excess of ‘Pe Saves emcur%. Seer or Buyer May resana ta Conmeet Cy wren nace to the ainer oarty urease ekfier see 10 Cay tne increase in intorest cate or excess Ma9N59 Canoe. V. ‘TITLE EVIDENCE: Al least slave caters closing cate, oct no earuar man \ Rye anlar Seller receives writen ncbtoation 1 pas COUUNe? ThgHEgA communtenE or "ES DEER epOrOved for Ne loan essumotion as provides in Paragracns via) Or (8), ACOMe, OF. t BDbuCaDIe. watved tha Pnencwig requir IECK ONLY ONE): Seite: eras st Salers. expense. cefver to Guyer of Buyer's anOMsy: or 2 Buyer shed at Buyers expense otuin (CHESK ONLY ONE): 2 ansirect of dts: or ide Ingurance commiment (with (ee cooiee Of emumems Ubed @8 @xceOuOnA airached therm! and, atlor coking, an awnere paticy of dte Insurance. . as) 4 wnlece mocstiad by omnes croviaions ct hua Contract.» _ SNGt IBXe IHN SCIeCt Ic: comorenensive land uss plane, Toerichone. pronBAOne and omer requirements iMDOGG DY— - Jocated contiguous 16 = Nd MNCS, Unless OCnenwise stated herein: axes for vear of cksing ad” Scidancumy: provieed, mar there eneié a C:O3IN9 No ewe of me oregong | punpoae(a}. nearG F. Sester enay deliver co=.Dancy o! Property to Buver at ne of cloging ur esa emenMige giaiod ro"e-R. + cCCUDRNCY 9 3 te owiivared Basra Ctoeing, Buyer assumed a4 naka Of OSS tO F°C Dery trom cate Of occuDercy, anal De FesCOnsiore and Lane for maImengnce trom that cate, ano shall ba ceemed 0 "ave acceoted Preperty in its axatng chdition ae ct ume of tak:nd OSCUDANCY UNiees OMEnWi8e aiad NarDin, 1%, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Tyrowsman of nancwrton ne BNO COONS Shes contro! et chimed Brov-sone of tte Coniract in contict wn inar. X RIDERS: (CHECK thoes aders wrucn are aopicapie AND aa attached 10 ecpeea AFA, 4) O COASTAL CONSTAUCTION CONTROL LINE 3) to) Xnowsownens: ASSOCIATION DISCLOSURE 2) O CONDOMINIUM (9) QINGULAT:SN th) D RESIDENTIAL LEAD-BASED MAZARD DISCLOSURE ‘¢) O FOREIGN INVES REAL PROPERTY TAX 4CT 2) OAS 18 Ws 4 — XL ASSIGNABILITY:, CK ONLY ONE): Suyet @ may assign ans inereoy be releeaes wom any further tity un der this Contract: 3 May assign Dut not be MNeagad from Hapihy Unger thea Contract or a/may not asalgn thie Contract. ML OfSCLOSURES: . . #) Radon ss a nenirally occuring radioactive ges thal When ascumueted in @ Ouliding wc sufficient Quanuves may Cresent heath raks to persons Whe are woe to 1 over ume. Save OF 1aGsN ial exceea federnl anc date guidelines nave Dean found in bullanoe n Fistda, Admuoral ntormation regarang Radon or Reson taung may De actenea from coe: foun County Pubic Hoain unit. 12) Buyer may have detanmied the energy eficreney TARAG of ING racdential buking, any «located cn ne Res! Property, +2) i the Reat Property niciuaes pre-1978 readertat housing then Pemaraoh X ih) ls mansatory MAXIMUM REPAIR COSTS: Sallor ena not De resconend Her Payment in excoas ot as for treatment and repair uncer Stancarc O itt blank 8p Zh Ol he Purchase Pre). as ‘Dr apart and replacement uncer Standard N il blank. wren 3%» of 18 Pecan 2, SPECIAL CLAUSES: ADDENDA: If acotiona! terms are 10 99 orcviced, eniach addencum and CHECK HERE a ICED TO SE A LEGALLY BINOING CONTRACT. IF NOT FULLY UNDBASTOOD, BEEK THE ACVICE OF AN ATTORNEY PRIORTO SIGNING, SRR THIS FORM FAS BEEN APPSOVED BY THE FLORIDA ASSOCIATION OF REALTC§ AND THE FLORIDA SAA, coaseame an ooinion that sy cr hs terms and COnGIONS In thus COMPAC! BNO DE a ty 0 A 32 negotiated osge0 Loon tne “esoeciVve inarents. apecuvee end yf » SCPYRIGHT “#95 BY THE FLOR:0A BAR AND THE =Leq : thie Wye!) Bata) ° secu Secuncy 9 tax. SSO -SF-E ITS shyt Sate) Baller pe Aporoval apes rc: Brea? Focal Secumy orTax rb & ‘Socal Securty or Tex 0. = hosed unger Ferasaien 11a) racanao: iF OTHER THAN CAS T~SN SUBJECT TC CLEARANCE, Eecrar agent) ¢ The Droxereanamed o8.ow iNeiding ‘lung agd ce Coopersting Brokers, any (OM THE-FLORIDA ASSOCIATION OF REALTORS® OF THE FLORIDA BAR ae TLL On ere (ent ee foe? . DIANUAHUS PUM HEAL ES IAIE 1 HANSACTIONS t 7 A. EVIDENCE OF ‘TITLE: (1) An absifact of itie prepared or brouant current Thulable And existing aosiract fmf not existing then conied as corre * _asana fam) purporuna i ‘to be an accurate synopsis of ihe nsirumenis aitecting title to the rear ~« -Orded in tne pubic recoras of the county wherem the reat oroperty = s0ugh Eflectve Date. tt 4 * snail commence wilh ine eariest Dubiic recoras..or SUC later daje as mé Sustomary in tne county Upon ciosina of this Contract, the absitact snail be of Buyer, subvoct i ‘property { + "F2he NAHE Of relenion thereo! by frst martaarse UniN fully paw ier Nagi tance coinm:tment rssuca Uv a Fonda Ncensed lille méurer sarees to ‘Buyer, upon recordeng of the ' zed 10 Buyer, an owners noxcy of ‘'e msurance in the amount of miMBurcnase Dries, "a He to the reat prooerty, SuDIect oniv 10 Kens. encuMbrances. excephons of ‘Tuaulcalions provided in ins Conitact ang those 10 be uiscnardea by Seiler at or belore cuanheations oroviced ning o. Maratatie tie shai oA AMETMINET ACCOIAING 10 APS CADIN rR >andatas adopted by authoary ot he Fonda Bar and m accordance wih law so auYer sma have 55469 tram sate et ren ences, EMMOPNIER GF UE NO ere A ttn oy tense selective nver H willwn sat S days mony Scien ning Speatvwndg the detects) it ERAS TORE EG UMNAINENALAD ot we man ives 3) days tom emt | nUHEE ty feInowe “ne eecls “a ioe wont Buver snail, within tive 15) davs alter exprraton of the thaty (30) dav “2rbe cover warren Mavce {© oe.er guar :° extending te mn tor a reasonatne Vetta Ae ie exCeED 129 dane wan whch Seller shail use amgent ettor to remove the defects: oF (2) “questing a retund OF eDesiis: Daid whic: at DE IMMediater returned 16 Buver, it Buver tails to 50, ‘Aonry Setier, Buver snali be deemed to nave accepted the tie as a then ss. Seller markelanin: et AMOR tO corene Aetnertsy yathin Ihe time Trowand theentng it Setter is unanie lo mely correct Ihe detects Buyer shall ether wane ihe ariects, HINO Gt GEOSIESE % BA VEE ane Sulit Hest walk futllAr Ob asuetis ) Moet ewGerice ol tile +s dewvered Lo Buyer fess thun $ days prt Wo clos « Suver may exteng ciesina Gate so “at Buver sna have up to 5 days Irom dale ol receiol of evitience OF ie tO examine same in accofaance win thes Slandard, 3. PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER: A nurcnase inonéy monaage and mortage note to Seller shail prowae for a 30-day grace penog m the event of selaut a best monaage ano a 15-387 wtace penod if a sacONd oF ‘Esser monaage, shail prdvice Yor noht of crepayment mn whole of i part without penaitv, ‘ansler Of the reat prcnemy: sha eauite Ali DFOF Ans andl encumorances {9 tye kept tn JOO starring ans ford mocibcalions of or \iure advances uncer pnoe mongage(sh: shal requre Buver 7 AAT DoNreS OF ASUFANES cuniamunn a siacekit morinayee Clause CovetINE ll MMTOVERVeNIS Wealea on me feal property against tire anc afi penis neaxsed wither fhe term “extended Ser be oes eee nina Such O'ner Asks and Denis as Seller may reasonably require, in an amount equa to thew Mgnest insurable value: and the moriaage. note and secunty agreement “Ral be othenmse in icrm ang content required by Seller: but Seller mav oniv require clauses ano Coverage customaniy found m mortgages, 17 :Mlzeq BY Savinas and an instiutions oF state oF national banks socated it the county wherem tne roal prooeny 'S tocaled. All personal oc To ihe ten Of a SECUNTY agreement evenced By recorded linancing siaiements tla baioon mortage. the final payment wul excoed the penockc payments thereon ©. SURVEY: Buver. at uver s expense. winin ume allowed lo aeiver eviaence of tlle ano lable lille Suctect only to Hens. encURbrances. excepbons of 1 BLACE OF CLOSING aS 10" a CeNS'TUctiON Ken OF a claim for damages nave Deen oad oF wii be OBe ae hs closing of this Contract. 4 PLACE OF CLOSING: C:296 52 ie sounly wherein ihe real praventy 1s iucaied at ihe cmce of the affomey oF other cena agent "Closing Agent’) desmnated by Seiler TIME! In comouting ime periogs O° ess than Six v9) days, Saiwoays, Sultavs and stale or ravanat eee Rontavs snail be excluded. Any lime penogs promded lor heren wich shail ero kina Deen E Noe UE Douay Fae exena to § ia om ni ma next business Cay Time eof the essence in this Contract. . CLOSING DOCUMENTS: $< (F801 179 eed. Dito! $a. ConsitUCHON Hen athaays Eossession affidavit, assignments of :eases. tenant and mortgagee estoppel lelters “A correrina insttuments Buver Shas turnisn cissing statement manage, monaage nate < “wiY agreement and financing statements. “EXPENSES: Locuentary siamos on ine dee ane recoraina of coneciive misitumenls sman or pei oe Seer Documentary stamps ana intana:oie lax on the purchase money moniqare od any roncage assumen. monGagee Wie NSuTance commuIment win related lees. an F€LO1diNG OI DUIchase Money morgage to Seller, ceed and Imancing statements snaf be pari ¢ Buyer. uniess oinerwise provioed vy saw or nicer 10 ths Contract, charaes fot Ine tollowina elated ule Services, namery title of abstract charge. ulle examunabon, and seltlement anc ‘sind fee. shail be O3-d OV ine Gary respONsicio tor Urnishung ine Uke evidence in accordance win Paragraon V. +, PRORATIONS: CREDITS: Taxes, assessments. rent, ntorest. insurance ana olnet expenses cr ine Proventy shal 2 [aking over existing concies of surance, d assumanle, in wnxcn event premiums shall be prareted Cons at clos: ‘2 made through Gav pro" 19 exosina. oF CccuDANCY. ascuDANcY Occuts Delore Closing. Avance rent are Secunty deposits wall be credited to Buver Escrow deposits held by mortgagee be creaied to Seer Taxes sna be ororated based on ine current year § tax wilh due a.caance man Cuts at a dale wnen ine current vear § mulage 1s not xed ang Current yeat § assessment 1¢ avaiable ime parties. lauing wach, request snati be made to ine County Property Anpraisor for Hraaptl coquest ol ether party, be reaausted ucon roceipt of tax bil on condition that a stalemen to that elfect 1s signed at closing. M4. SPECIAL ASSESSMENT LIENS: Centheo. conirmea and fatihed special assessment hens as ol date of closing {nol as of Effective Dale) are to be pad by Seller. Pending hens as of ate of closing shail be assumed by Buyer. if tke emorovement nas been Substantially compieied as of Etfectve Dale. any pending len shall be consederod ertfied, confirmed or rated d Sellet shall. al closing. be charmed an amount nual fo the last eslimate or assessment tor ene ‘morovement by the public body. ockage do nol have any visible Eudence of jeans, water Gamage or structural damane ang thar the senue tank. pool, all appliances, mecharscal A stems and macninery a¢@ in Workuna Condition Tha forenoing warranty shall be lmiied to Ine are ene shall. unon reasonaoie notice. crowide ulmues Service and access 10 ne Provery tor inspecions. :nciuama a walk-through nowWON” Means aesinenc imoertections tha co. “OM screens: fonces windows: tears. yorn spois. or discoloration of tloor coverinas, wainaper or Sonng, texluies. OF IPittETs, ana MINGr CracKS .A T5088 HOS windows. urweways. sigewaiks, or sac migeynn ceteris Seine MUS Feat GF *PDIAC®, 20 1 HS there IS A eMENCA Ol Actual logKS of oe 3. RISK OF LOSS: It :>> Property +5 aamaned oy He of other casualty belore closing and c3: of wstoraton does not exceed 3 St Of restoration snax be an eougaton ot Seiler Pq Crosing shail proceed pursuant to. the terms ot this Contr: of the assessed vatuation ot tne Propeny so Camaged. Buyer snail have the ONION Of euler taKun + wittue of sich loss Of damage. or nt cancebng ttns Contract ang fecenwing return ol the deoesitis) ° PROCEEDS OF SALE: CLOSING PROCEDURE: The deeu snai be recoriea upon clearance of funas. i 1788 § xDANSE LO Show tilfe in Buver, sulhout anv encumbrances oF change which would reraer Seiler § heid in escrow oy Sever § attorney or ottier avituaily acceplabie escrow aqeni for a period of ret more inar * aull of Buver, Guver snail. within ine $-dav venod. notdy Seiler in wtina of the detect anu su-ot cher n ‘S To ume cure ne 3etect. ail sepesits? anu crusing tungs nai. Uven whiten demand by Suser ana w: vayment Buver shat return the nersonit property. vi “rand tor retung, Hin 5 days alter demand, be rciumed to Buyer and. sumuitancousiy with such ale Ine reat propeny and feconvey ine Preneny ty Seiier by Secial warranty deed an b:il of sate If Buyer laks to rake tune er SNA TAKE 10 8S iS. veaneing all rights against Selier as to any intervening antect except as may be availavle to Buyer by virtue of waranhes contained mn the deen “slot sate ita ponion of the puree ase price +5 "> ue derived trom insislutionat financind o- rececaneeee {caurements of the fen 1q institur.on as 19 place, ime of day ana procodines live SN for USHuRement of “era age Bee pods shal canimn! over contrary plowsIOn i" shennan fer shad Nave the nant te require irom Ihe lending mstnumon a waitien SAMHMENL thal if wu POL wilhnorc o.scursement of mortage proceens as a result of any the elect altnoutable to Buver-mortgagor, The escrow and closing procedure required by ihis SAC ATG SBA be yenzeg ING LES gCAnt insures GuvErse Matters vursuant 10 Suchan 627 72. Sus amended % ESCROW: Ary now agent « Saunt 1 fromm hands OF equMaent is auihonzed and ames by Barnes of them fo denosil them aromolly. hold same a escrow and, subwect to Tee the bitin cn enoreance erin terns and Conabans of this Contract Faure ot wins to clear say eel Pxcuse Buyer's performance itn douot as to Agent s duties or hatyiies Jt the prowisions ot Bey may st AaeAts EEN COmMUA to hove the sisOiNGt = NAT OL ha Aneto cave ae BaTHES Rereto actae fo Ws GsSbursEMENI OF UNI a WAMOMen: Peouet ab ease Po ee eI RRS OF Arent may deco came with the eter of he rie OUI haven hanson 01 the despute Upon notitymg ait 6 CORCRRNEO OL Son ALON + UP HEL OT Agent Sead tuity tertunate except tn > extent of Aecountng lor any tems prewcusiv Uelrvered oul of escrow Il a hconsed ros Hg DIOKer Gant we romoly wit nresions et C+ se AmeNGeD Any suit OAtZeRN Buyer ann S esctow Aaont shat recover *e: ASANABIE ATOMPY Ss fees and Costs NcuTTED with these amounts to be: awd trom anes ont of PL any Suit waterain A joni ratermeaus the © matter of tts ESETOMEAT TUNIS (0 Oranelent ater SPAANE Ae: AWHEHORH Ay Cor COSIT IN Lavo Of thes eres er of lems suber 19 Ine esctnw «uniEss SUC MStCIIVEr, 1S fi: + ATTORNEY'S FEES: COSTS: ‘9 aes sananion nena preach asinrcemont or wetness cg btandard, snus we Sex 11 previsiind Dadty reasonable attorneys 1865. Cros ane Ax "AILURE OF PERFORMANCE: © © ..,2F sans 0 veriorm 1 tigence of Agent Ventiact. the pravaiing parry 10 such ubnanon, which. tor purpases of hahOneed by Chanier 4/5, FS. a3 amended, shui be entilied to tecover trom the FIFACL within the time specie 82 Dayient ot aM deposits. the SeoosAis} Pad by Buyer and deposn{s) agrecd to Sard, May BO fecovereG ana fe: nes Oy see tOF che ACCOUNE OF So eF AS ATOM UNON We oer gamaces. consideration ter the execution of ins Coniract and in {ull seltiernont of any mS. whereupon. &:..cr ang Se ved of Ad cpizations unger N's Cuntact v S= fn. MAY proceed in equity (0 enforce Severs nghis under this Contract “he any reason otner in Borne go MaKe SuET'S Mie marKataLve aller cuineNt alton: Se «eta Pomects OF formes Sertorm this Contract. Buyer may seek specie perlormance mvect fo Tocelve the ‘rum ot oui Gherepy waruing any action tnr nareazss resuaen trom Selier’s breach * CONTRACT NOT RECORDABLE: PERSONS BOUND: NOTICE: Noither ims Cutan eon pete 1 shaw be encoded in any puoKc records. Ths Contract shall band and mure “ne Denant af ine pas Mest Whenever ine context patnns S05. af aid. eetue on ral ang ene gender snau inciuue all, Mouce gwen By oF to ihe allomey PaaY DANY SHAH De as 6 Penn py 2 it tnat pany J. CONVEYANCE: te © Tes MGDeRYY ty Statutory warranty fu 410 matters contiwrea mn Paracrann + Fitese oinenwise accecteg bv Buver. Perso {ile subiect only 1D Suci Maviers as Mav VE cINERwise: fovided tor nerem, OTHER AGREEMENTS: No oror or oresent “ontfact shall be vata of oinaing upon In 4. WARRANTY: Sexer warranis in: “naa fearesentative s of quaruian’s eed. as ADOTOpnate ta the status Ot Seties, subyect Sen Shas al Ine reauest of Buyer, be tanstemea by an apsotute bal of salo wih warranty yon Buver oF Seller uniess included in this Contract. No mexfication to or change wn thes one seqeeee eee ~ ait NO’ *‘E OF NONREPRESEN TION Nd Wd FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES proving Hisnoniee ATEIRST CONTACT TO ALL POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. ne, ADP it oF You are hereby notified that tinsel Tare’ of bidkerage firm) and | do not represent you in any capacity. You should not assume that any reai estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation. Your signature below acknowledges receipt of this form and does not establish a brokerage relationship. atiyley a Date (Signature Optional) 4 i, (Signature Optional Ss eee a ae be lle dl ae fa NO > E OF NONREPRESER , TION FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE oh CONTACT TO ALL POTENTIAL SELLERS AND BUYERS OF REAL ESTAT! You are hereby notified that 2 linsett name dl brokerage firm) and | do not represent you in any capacity. You should at assume that any reai estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation. Your signature below acknowledges receipt of this form and does not establish a brokerage relationship. slivlay Zz tt an Date (Signature Cptionai} AG (Signature Optional vile A, Rl a sien Ee # Transaction Broker [= YY » COMAR-3 PH I: 33 ENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED, FORM OF -REPRESENTATION. AS a transaction broker, “Hor ido Xs} d Hy associates, Provides to you a limited form of representation that includes tne folowing duties: +. Deaing nonestly and fairly; 2. Accounting for ail funds; 3. Using skill, care, and diligence in the transaction: 4, Disciosing ali known facts that materially affect the value of real Property and are not readily observable to thé buyer; 5. Presenting ail offers and counteroffers in a timely manner, uniess 2 Party has previousty directed the jicensee otherwise in writing 5. Umited canfidentiality, unless waived in writing oy a party. This limited Confidentiatity wiil prevert disclosure that the seller w s0CeDI @ once fess than the asking or ‘sted crice. that the buyer wiil Day a orice greater than the pnce submitted in a write oer, of the motivation of any party for seiling or duying property, that a seiler or buyer wiil agree to financing terms other th siose offered, cr of any other information requested by a party to remain confidential: and - Any additional duties that are entered into by this or by separate written agreement. Limited representation means that a buyer or sailer is not responsible for the acts of the licensee. Additionally, parties are giving upt rights 10 ine undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transac by assisting both the ouyer and the seller, out a ficensee wil not work to represent one party to the detriment of the other party. Scan eh dient USAC RARER bee and UP atten La inabn neater tid pana cian Sia NR tae Yel eae nde dav of = 1S avavane for use by the entire rea estate industry ang 's not mtended to identty the user as a REALTOR. ReacTor is a registered collective membersh: may be used Cniv by real estate Lcensees wno are mamoars of the Nahona! Associanon of REALTORS ang wno suoscrite to rts Code of Ethies. wont laws of ine Umited Slates (17 U.S. Coge) fora ihe unautnorzed reoroaucton ot blank forms dy any means imciuding facssnie or comoutenzed t SRD-ttp Sev. 997 @ 1997 Slorida Assocation of AEALTORS® _ All Rights Resarvae.. ---—— Addengum No. oA the Contract catea 7/4 ij ig __ Ffoown fe) Bo dmszek | sna a ee aud Glin Karns conceming the oropeny cescnted as: 2% __ Desweod Cre. ithe “Contract. ne ang Seiler make ‘oe following terms anc conaitions pan of the Contract: Se orc’ iS co Cont ns ent sn eC aan Shee ‘assase Agena on See as a - —_——-~. -—— cae —_ Buyer, Seller. Seller: ‘ors none tr vt se me near ot era 0 ce eo FAL Pro a reser ole rerorine “Mark that may be us0N Onty by real Estate ICETSeeS WHO are members ot the Natonal Assoaation of REALTORS and who suOscnibe to ts Code of Ethics, . DOT Ee ear atte Unment states 17 i 28 Coasting re natrona irritant ary Rea ora RTE CEE OS ‘ee frac nn sil di, ; ‘ FIA/VA_ADDENRUM "TO SALES CovrRAcr a Nd A PROPERTY ADDRESS: ah te 2 ss s ae Won Pel, FO BBD, MORTGAGE CONTINGENCY: This contract is contingent upon the buyer qualifying for a ( ‘YA ‘{ )FHA mortgage loan in the amount of $ for a term of years with interest at 3 ote FHA _APPRAISAL/VA APPRAIS, itis expressly agreed that notwithstanding any other provisions of this contract, the purchaser shall not be obligated to complete the pur- chase of the property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the purchaser has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Camissioner or Direct Endorsement Lender/Deparurent of Veterans Affairs or the LAPP underwriter “setting forth the appraised value of the Property (excluding closing costs) of not less than $ (2.5680 __. The purchaser shall have the privilege and option of proceeding (_) FHA DIRECT ENDORSEMENT/VA AUTOMATIC UNDERWRITING: The subject loan may be processed under FHA Direct Endorseanent Underwriting or VA Automatic Underwriting. in the event such underwriting is utilized the Seller herein acknowledges that an under- writing fee may be charged to the Seller by the respective lender, in which event the Seller herein agrees to pay said underwriting fee. MORTGAGOR'S CLOSING COSTS shall include, but not be limited to, the following: Mortgagee title insurance premium, intangible tax on mortgage, documentary stamps on note, survey charge, lender's origination fee, credit report, sppraisal fee (unless prepaid), anorti- zation schedule and Xecording fees. Regarding a VA loan transaction, notwithstanding any other provision of this contract, Seller shall pay photographs, amortization schedule and appraisal fee (unless appraisal was requested in Veteran's nane and prepaid). Mortgagor's closing costs shall te paid by a aad [Sele ae at closing. . é MORTGAGOR'S PREPAYMENTS shall include escrow for realty taxes, hazard insurance, inortgage insurance pranium (FHA only), flood insurance( if xequired} and prepaid interest. Mortgagor's prepayments shail be paid by UU Ea at closing. f SELLER'S CLOSING COSTS shall inciude, but not be limited to, Omer‘'s Title Insurance premium and state stamps on deed. . POLNT DISCOUNT ADDENDUM: The a2. os Sue may, at their vd all monies paid by/the Purchasers shall be returned CERTIFICATION: I/we, the undersigned, hereby certify that the terms of the contract for purchase are true and exact to our best knowledge and belief, and that any other agreement entered into by any parties in connection with this transaction is attached to the sales agreement. woe : RADON CERTIFICATICN: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, way present health risks to perscns 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 A, Ve ram your County Public 'ealth Unit. TK Ld co ey oe Seller J date Buyer i ; Date : nave Theva. LAG LAL Ke Seller . cate Buyer ¢ y Date ae en 4. Lege Legis Broker 7 date Broker Date “ X, F : ‘ - ERBP 020-FL : : FHA/VA PURCHR,) CONTRACT CERTIFICATION AND AMENDATORY CLAUSE 6/26/98 <3 an addendum to a purchase agreement dated detween BENNETT 4A. ZAMINS : GLORIA J. ZAMINS (PURCHASER(s)) and EDWIN P BARTOSZBK (SELLER(s)) for the property located at: 28 DOGWOOD CIRCLE, BOYNTON BZACH, FLORIDA 33462 i ~ AMENDATORY CLAUSE - ''It is expressiy agreed requirements a written statement issued by the Federal Housing Commissioner, Veterans Administration ora Direct semeni Lender, setting forth the appraised value of the Propeny of not less than $ haser shail have the privilege and option of proce ith consummation of the contract mount of ihe appraised valuation. The appraised 130,000.00 - the without regard to the jum mortgage the HUD does not warrant the vaive nor the condition of the £ price and condition of the property are acceptable."’ Surchaser should satisfy himself/herse: AL ESTATE CERTIFICATION - The sciier, the surchaser, and the broker hereby cerufy that the terms of the saies fact are true to the best of their knowiedge and belief and it is agreed that any other agreement entered into by any of © pares is fuily disclosed and atiached to the sales contract. The seller, the purchaser, and the broker fully understand at 1 is a iederal crime punishable by fine or imprisonment or both to knowingly make any false statement concerning any “tne above facts as applicable under the provisions of Title 18, United States Code, Sections 1012 and 1014. VA NOTICE TO BUYER - ‘i is expressly agreed that. notwithstanding any other Provisions of this contract, ihe buyer snail not incur any penalty by forfeiture of carnest m 'y or otherwise or be obligated to complete the purchase of the propery described herein, if the contract purchase Price or cost exceeds the reasonable value of the property established by the Velerans Administration. The buyer shall, however, have the privilege and option of Proceeding with the consummation of this contract without regard to ‘he ‘amount of the reasonable value cstablished by Veterans Administration.” If buyer clects to complete the purchase a an amount in excess of the reasonable value established by WA, buyer shall pay such excess amount in cash from a source which buyer agrees to disclose to the VA and which buyer represents will not be from borrowed funds except as approved by VA. If VA reasonabie value of the property is iess than saies price, seller may reduce the sales Price to an amount equal to the VA reasonable value and the panies to the sale shail close at such lower sales price with appropriate ac;ustments to the sales contract, U CERTIFY I HAVE READ & UNDERSTAND THE ABOVE STATEMENTS: PURCHASERS): . 7 SELLER(S): . . . oes no ‘ ti ly a name: 2/24/39 LL Batch Date: B/24/08 SENNETT A. KAMINS . BDWIN P BARTOSZEK - Shave SLE GLORIA J. KAMINS ER MUST RECEIVE THE ORIGINAL SIGNATURE COPY® a mee “ z « em i A. SETTLEMENT STATEMENT 13. D tment of H i _ TT tygtane Department of Housing ] aly . 2.48 No. 2 4 4 F __ conv. Une, | 6. File Number 7 bean wumoer jf Mortgage insurance Case Now ; 4 2.1913 'sr246 i ! 5 form is fumisned te gwe you a Statement of actuai settiemant cosis. Amounts Dad to and by the Settlement agent ere shown, : : tems marxed (P.0.C.} were paid outside the Closing: iney ara snown rere for information Cummoses anc are not included in the totals. i i 2. Name ana Address ct Borrower |. Name ana Aadrégs of Saver iF. Name and Address of Lender } ‘ Zennett A. Edwin P. 8artoszex jo Mortgage Company, it's successors i Sloria J. jessica Bartoszex | and/or assigns fi : 1P.0. Box 199000 | 1 €3 Dogwoos jDatlas, Texas 75219-9000 i . Soynton Seacn, F | I : ! i ‘ &. Propeny uccation i H, Settiamant Agent | Automated Land Title Co. | t ! 28 Dogwood Circle ; 1 Place of Settlement 1, Settlement =f : 1655 Pala Beach Lakes Blvd. Date | t Suite 900 | t | | | : cinal z Pi 2t sieard H/G Irs. Set? Adjustments for items i ‘ ilyitown ‘axes Cis, Smee creme or ce RESPA, HB 4305.2 .. REV. HUD-1 (3/86) s to Commission oaid at Settiement 4. See HUD line 410 for $1660 zi. Loan Origination Fee 72, Lean Discount 73. Appraisal Fee 4. Credit Report 25. Lenaer’s Inspection Fee _ Mig. Ins. Application Fea 27. Assumotion Fee 23. Tax Service fee 23,_Underwriting fee '3. Processing fee ‘1, Flood Certification GTS |S lols fx Interest from 28/24/98 22. Mongage insurance Premium tor 23, Hazard Insurance Premum ter VA Funding fee Hazara insurance 22. Mortgage Insurance 3. City Proveny Taxes 24. County Propeny Taxes 25. Annuai Assessments 24, Title insurance binder ed 25, Document Preparation iP] 76. Notary Fees Ee) 27. Attomey's fees '9 {includes above nems No: 3, Title insurance Tacludes above sems No: 3, Lenger's coverage $ 7,800.00 to Fiortda island Properties ITEMS PAYABLE IN CONNECTION WITH LOAN 20. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE ‘2 09/01/98 as 23.935 igay 3 Days RESERVES DEPOSITED WITH LENDER FOR 218,462.00 ---- 25.00 ‘2. Owner's coverage $ i U.S. CEPARTMENT OF HOUSING ANO URBA’ PMENT SETTLEMENT STATEMER LS PAGE 2 | PAID FROM | PAID FROM | 7,500.00IBORROWER’S| SELLER'S 1 FUNDS AT | FUNDS AT : ! SETTLEMENT [SETTLEMENT: i 7300.00! stegit back to seller a i 7 7X Mortgage Co. OC -$275 TTX Mortgage (POC-8 $60) SIX Mortgage Co. cTX Mortgage Co. £TX Mortgage Co. cTX Mortgage Co. cepartment_of Veteran Affairs 3 m0.@$ 30.76 smo. 242.281 mo.@$ imo. mo.@$ sutomated Land Title Co. tutomated Land Title Co. Automated Land Title Co. 7X Mortgage Company tutomated Land Title Co. ‘hAlta 5. 1 & 8.1 Endorsement 12. Florida 9 Endorsement ii. Recording Fees: Seed $ GOVERNMENT RECORDING AND TRANSFER CHARGES : 2. Cityicounty tax/stamos: 3. State Tax/stamos: + Intangible Tax - 330,000.00 ---- 725.00 i Automated Land Title Co. 50.00) Automated Land Title Co. 75.00] 5.60 : Mortgage $ : Mortgage $ 42.60; Releases $ 2 ADDITIONAL SETTLEMENT © 5 Earalully reviewed ihe HUD-t Seitarent Sta-emant ang io the be: + acCOUnL oF by main Ima transaction. 1. Areryean Land Surveying ot my knowledge ana 0: iar carnty that (have tecewved a copy of the Hu Sear sr Ty) jayerMorrower Wayeasower Uind Vine Co. sent Agent Ay: sreate: i cael

Docket for Case No: 00-001008
Issue Date Proceedings
Oct. 11, 2000 Final Order filed.
Sep. 28, 2000 Order Closing File issued. CASE CLOSED.
Sep. 26, 2000 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jul. 24, 2000 Order Granting Continuance and Placing Case in Abeyance sent out. (parties to advise status by October 24, 2000)
Jul. 19, 2000 Joint Motion to Hold Case in Abeyance. (filed via facsimile)
Jul. 19, 2000 Subpoena Duces Tecum filed.
Jul. 18, 2000 Re-Notice of Taking Deposition-J. Platt filed.
Jul. 13, 2000 Notice of Taking Deposition (J. Platt) filed.
Jul. 03, 2000 Notice of Taking Deposition Duces Tecum filed.
Apr. 26, 2000 Amended Notice of Hearing by Video Teleconference sent out. (hearing set for July 27, 2000; 1:00 p.m.; West Palm Beach and Tallahassee, FL, amended as to re-scheduling hearing for video teleconference, location and date of hearing)
Apr. 26, 2000 Order Granting Continuance sent out. (Parties to advise status by May 26, 2000.)
Apr. 13, 2000 Respondents` Motion for Continuance of Final Hearing (filed via facsimile).
Apr. 07, 2000 Order of Pre-hearing Instructions sent out.
Apr. 07, 2000 Notice of Video Hearing sent out. (hearing set for May 2, 2000; 9:00 a.m.; West Palm Beach and Tallahassee, FL)
Apr. 06, 2000 Notice of Appearance (Lawrence P. Rochefort) filed.
Mar. 23, 2000 (Petitioner) Unilateral Response to Initial Order (filed via facsimile).
Mar. 10, 2000 Initial Order issued.
Mar. 03, 2000 Election of Rights filed.
Mar. 03, 2000 Administrative Complaint filed.
Mar. 03, 2000 Agency Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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