v STATE OF FLORIDA VOfyole, FS. 1a FLORIDA REAL ESTATE COMMISSION is she So eta on mens 0-601 FL DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 99-82265 OMARI MURRAY, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Omari Murray (hereinafter "Respondent") and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 0624192 in accordance with Chapter 475, Fla. Stat. . 3. The last license issued was as a broker c/o American Mortgage Banc Inc., t/a Aswad Realty & Investments, 323 N. Federal Hwy. #E, Boynton Beach, Florida 33435. FDBPR vs Omari Murray FDBPR Case N° 99-8265 Administrative Complaint 4. Respondent facilitated a purchase and sale contract for the property commonly known as 201 SW 11" Avenue, Boynton Beach, Florida between Sellers Pattison and buyer Stephanie ! Barrett. | 5. At the time Respondent facilitated the purchase and sale contact, Respondent knew or should have known that he did not have an escrow account for his real estate brokerage. 6. Respondent drafted that certain purchase and sale contract wherein he represented that he had a deposit from buyer, payable to his brokerage firm in the amount of $500.00. A copy of the contract is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. | 7. Respondent, during the course of an official investigation, provided a copy of check number 3263, drawn on the account of American Mortgage Banc, Inc., payable to Harbor Title, in the amount of $2500, which represented the full deposit pursuant to that certain purchase and sale contract. A copy of the check is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 8. Respondent failed to obtain consent of seller to deposit escrow funds in an account other than that stated in the purchase and sale contract. Copy of letter from Respondent’s attomey, admitting this fact in paragraph four, is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. FDBPR vs Omari Murray FDBPR Case N° 99-8265 Administrative Complaint COUNT I Based upon the foregoing, Respondent 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 § 475.25(1)(b), Fla. Stat. COUNT II Based upon the foregoing, Respondent is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of § 475.25(1)(k), Fla. Stat. | COUNT III Based upon the foregoing, the Respondent is guilty of failure to immediately deposit trust funds in violation of Fla. Admin. Code r. 61J2-14.010 and, therefore, in violation of § 475.25()(e), Fla. Stat. 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, Fla. Stat., depending upon the severity of the | offense(s), include: revocation of the license or registration or permit; suspension of the license registration or permit for a period not to exceed ten (10) years, imposition of an administrative | fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a __ FDBPR vs Omari Murray Administrative Complaint bis Nee lve 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 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 § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED wig? day of baowd , 2000. By: Herbert S. Fecker, Jr. Director, Division of Real Estate FDBPR vs Omari Murray FDBPR Case N° 99-8265 Administrative Complaint : ATTORNEY FOR PETITIONER Nancy P. Campiglia Florida Bar N° 0164259 Senior Attomey 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 NPC/k PCP: TR/LJ 8/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.5 3, Fla. Stat, isnot | 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 proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; 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 - 5 FDBPR vs Omari Murray FDBPR Case N° 99-8265 ! Administrative Complaint i 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. i i DA BAM. THIS FORM,HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND YHt FLUHI “.: Contract for Sale and Purchase a ‘+ * FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR PAT TLZSON seenos t PARTIES: and STEPHAN LE — BARES F = aoe whe $b = ear RUE ICT: Shermby agree tht Suir shail sell and Deryar shall buy the lollowng dascrined mal property and perzonel propetiy (callecively “Propory) pursuant fo Stor Sale and Purchase and any riders and eddenda ("C : TL DESCRIPTION: “8 {a) Legal desoripto of the Algal Property lacaled in__{ ATC Ber County, Florida: (Phone) mis and conditions of this Contract ee 7 LE 2 1 WySteetrcenss. an. zp otherenis: “LOL SSW ITH _ AVE Bovartear Se ay < Gmutmnr REPLED PEA VOR” Diratire “atid, Sea Go go oak 1S. PURCHASE PRICE: 1 PAYMENT: « “W (n) Depasd noid in escrow hy, TOTY (Escreny Agri) in the amount ut N(0) Additonal escrow depot to bs made to Escrow Ajent within CPC days ailor Etlactive Date (eee Peragraph It in the nrmourg ot 48 (@) Subject to AND azsumption af misting morigage in goud standing in lavar of . coos _ having an approviemate present principal balance of "1 (@) New morgage financing wn a Lender (see Paragraph IV) in thw amount of ‘2 (6) Purchase money mortgage and note a Selle (cae rider Jor terms) in the amount of 3 (Other . 3) {g) Balance to dose by U.S. cash or LOCALLY 35M, TIMG FOR ACCEPTANCE OF. 4 424 batween the partles on or belore ‘Texecution, pariles include Buyer and Sylar or ex) cB has signed this offer, A facsimile capy Ar this TIM, FINANCING: 39 OL (a) This is a cash transrction with ne contingéncie B& for financing: 11 SA fa} This Contract is condimonad on Buyer obraining a wr 2 “Tixed of adjustable rate loen in tha princioal amemint of § “principal amount, and for aterm of ), commitment and, — —— WN cashker's or official bank chock(s), subject lo adusiments OF proratons... ATE: FACSIMILE: If this otter is not execuled by and delivered to ai} . the deposh(s) will, at Buyer's option, Of the respective brokers or attomays. The date of Conttact Mract and any signaliras herwan shail be considered for aN pu TITLE EVIDENCE: Atleast _)._. days before closing datu, (CHECK ONLY ONE}: Sailer shal, et Sears expanse, deliver to Suyer or Buycr's atomey: or Ci Buyer shall 2t Buyre's expanse adtain (CHECK ONLY ONE): C) abstract of title: of Siille insuranea commitmant (with legible copies of instruments listed ax exceplons attached thereto) end, ater closing, an Yiowner’s policy of ttle insurance, “7Vi, CLOSING DATE: This transaction shall be closed ad tne closing dacuments deliverert on SeMil, RESTRICTIONS; EASEMENTS: UMITATIONS: Buyar shall lake thle xubject to: comprehensive la $2 Vill. OCCUPANCY: Seller wamunis tat there are ne partes in occupancy other than ‘Satiar, bun if Sard the lenani{s) or occupan's shail be disclosed purtuant to Slendard F. Sellar shell dalivat S7OS TYPEWRITTEN OR HANDWAITTEN PROVISIONS: Typewrmen or: ‘handwatien penvisions, ridurs anct addenda shall contrel ai % RIOERS: {CHECK those ridars which are 2pplicable AND are anached lo Inis ‘Congact): COMPREHENSIVE RIDER QHoMEownens assy, D COASTAL CONSTRUCTION CONTROL UNE Qconcomintum Qvasis Qinsutation CU LEAD-BASED Paint “Xl. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (J may assign and theraby be released fam any lunner tinbility under this “under this Contact of may not assign this Contract, S2i. DISCLOSURES: arinted provisions al this Cantrect in conifict wilh them. nig b Setcien quarties may rresan heath Fcks lo persons wh ere expcunt tit over ime, Levels of radon in Florida. Additonal intormaton regarcing Radice oF Radon teeing may be opined fram your County Pubic Health unt "7 (0) Buyer acknowledges receipt of the Florida Building Energy-Eticency Rating System Brochure, SG) tt me ten! property incudess pre-1978 residential nousing then a lead-based paint der i mancalory, SG) If Seneris a “torwign person’ as defined by thw Foreign investment in Real Property Tax Act, ho paris shall comply with tha: Act, 22 (@) Hf Baryar wil ba obligated 10 ai SHOULD NOT EXECUTE THIS CONTRAST UNTIL BUYER HaS RECEIVED AND READ THE 7” HOMEOWNERS’ ASSOCIATION DISCLOSUAE. FLXIL MA2OMUM. flepaln costs: Seller shall nol be responsible for payments in exnss of; a taps for tralment and repeir under Standard D (if blank, then 2% of the Purchase Price). A ps Goo for repair and raplacement undar Standard N (f blank, then 3% of Uie Purchase Price). UV, SPECIAL CLAUSES; ADDENDA: If excitional terme are 10 he provided, attach ckdendum and CHECK HERE OK, 7SKV, STANDARDS FOR REAL ESTATE TRANSACTIONS: Stndanis A through W an tha revarse site of aitiched are incorporated 25 a Part ol this Contract. a be nenolinied Oasect upon the respective inverests, objcctives and arguing pesitions of all Tae wet persons. a COPYRIGHT 1998 BY THE FLORIDA @4R ANO THE FL F RES LTORS - ~ ‘3723, ro} ToAey “4 Social Security of Tax .D, + * le re > ‘ x ¢ Se Social Seourty or Tax 1.0. S 3 (Buyery . (Oatey (Seelfary — 7 Social Secunity of Tar U0. # (Data) ee Social Security or Tax LO. ¢ sDeposit under Paragraph il (a) racaived; IF OTHER THAN CASH, THEN. SUQUECT TO CLEARANCE, 4 r » (Escrow Agent TOROKER'S FEE: Tha broker¢named Beiow, including listing and Sreparating brokers, are the only brokers entiled io compenialion iy connegiion wi This Conmace " vrvame: ay 1 qe ITED ~ eof ESA ec. wi EEASENTED < SEO PBT FARGAR-S Revised @9A = RIDERS Car AE OLTAINED FTIOM THE RIDA ASSOCIATION OF NCALTONS® OR THE FLORIO BAR _ . iy : fe ov of if shee Hogs COMPLAINT Adivi #7 it EXH! OF / PAGE ON 38 fo the nght of retention thereat by lirst mortgagee nul fully paid. (2) Ale msurange commilment issued by a ronda tcensed Ue insurer agreeing 10 issue Buyer, upon recordin; 37 deed to Buyer, an owners poly of tite insurance in the amount of the purchase pnce, msuring Buyer's title 10 the real property, sudject only 10 liens, encumbrances, excepl: 38 qualifications provided in this Contract and those to be discharged by Seller at or belore closing, Seller shail convey marketable litle subject only to liens, encumbrances, except ‘9 qualifications provided in this Contract. Marketable ‘itl shall be determined according to applicable Tite Standards adopted by authonty of The Flofida Bar and in accordance w: 100 Buyer shall have S days from date of receiving ev'ience of tite to examine i, If tite is found defective, Buyer shall within said 5 days notity Seller in wating specitying the deter 101 defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove tha datacts, faling which Buyer shall, within five (5) days after expiration ol the thirty (2 1@2 period, deliver written notice to Seller either: (1) extending the time for a reasonable penad not to exceed 120 days within which Selier shail use diligent effort to remove the defects 163 requesting a refund of deposit(s) paid which shail ! immediately retumed to Buyer. If Buyer fails to so notity Seller, Buyer shall be deemed to have accepted the title as it then is 104 shall, nie is found unmarketable. use diligent effa~ to correct deteet(s) within the time provided theretor, If Seiler is unable to timely correct the defects, Buyer shall either waive the 108 oF receive a relund of deposi\(s), thereby releasing Suyer and Seller trom all further obligations under this Contract. {t evidence of ile 1s delivered to Buyer less than S days prior toc 106 Buyer may extend closing date so that Buyer shall ave up to 5 days trom date of receipt of evidence of tite to examine same in accordance with thig Standard. 107 B. PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30-day grace period in the & 108 default if a first mortgage and a 15-day grace pariod {a second or lesser mortgage; shall provide for nght of prepayment in whole oF in part without penalty: shall permit acceleration in e 108 transter of the real property: shall require all prior lens and encumbrances to be kept in good standing and forbid modifications of or future advances under pror mextgage(s); shali require 110 to maintain policies of insurance containing a stand7rd mongagee clause covenng all improvements located on the real property against fire and all perils included within the term "ex #11 coverage endorsements” and such other risks and panis as Seller may reasonably require. in an amount equal le their highest insurable value; and the mortgage, note and secunity agre 11 shall be otherwise in form and content required by Soller. but Seller may only require clauses and coverage Customanly found in mortgages, mortgage notes and secunty agreements o¢ 113 utlized by savings and loan institutions or state or national banks located in the County wherein the reat property is located. All personal property and leasés being conveyed or assignec 114 Seffer’s option, be subject to the lien of a Secumty agraement evidenced by recorded finaneing statements. if a balloon mortgage, the final payment wal exceed the penodic payments ther: 115 C. SURVEY: Buyer, at Buyer's expense, within time allowed lo deliver evidence of tle and to examine same, may have the real property survayed and centilied by a registered 116 surveyor, I the survey discloses encroachments on ‘he real property oF that improvements located thereon encroach on setback lines, easements, lands of others or violate any restr 417 Contract covenants or applicable govemmental rec ulation, the same shall consiitute a title detect. 18 D. TERMITESWOOD DESTROYING ORGANISMS: Buyer, al Buyer's expense, within the lime allowed lo deliver evidence of title, may hava tha Property inspected by a Florida Certife 119 Control Operator (Operator) to determine if there is any visible active termite infestation or visible damage trom termite infestation, exciuding (ences. if either or both are found, Buyer snr {20 4 days from date of written notice thereof within whic’ to have cost of treatment, if required, estiviated by the Operator and all damage inspected and estimated by a licensed builder or « 121 contractor, Seller shal pay valid costs of treatment and repair of all damage up to the amount provided in Paragraph Xlll(a) if estimated costs exceed that amount, Buyer shall have the 122 of canceling this Contract within 5 days after receip: of contractor's repair esumate by gang written notice to Seller or Buyer may elect 10 proceed with the transaction and receive ac 123 dosing on the amount provided in Paragraph Xili{a). “Termites” shall be deemed to include all wood destroying organisms required to be reported under the Fiorida Pest Controt Act, as am 124 E. INGRESS AND EGRESS: Seller warrants and represents that there 1s ingress and egress to the real property sufficient for ts intended use as described in Paragraph VIl nere 125 to which is in accordance with Standard A. 1% F. LEASES: Seller shall, not less than 15 days before closing, fumish to Buyer copies of all written leases and estoppel fetters from each tenant specifying the nature and duration of the 17 Occupancy, rental rales, advanced rent and security Ceposits pakd by tenant, If Seller is unable to obtain such letter from each lenant. the Same information shail be furnished by Seller tc 128 within that time period in the form of @ Seller's affidavit, and Buyer may thereatter contact tenant to confirm such miormation. Seller shal, at closing, deliver and assign all orginal leases to 129 G. LIENS: Seller shall furnish to Buyer at lime of closing an affidavit attesting to tha absence, unless otherwise provided for herein, of any financing statement, claims of lien oF p- 130 lienors known to Seller and further attesting that there have been no improvements of repairs to the real property for 90 days immodiately preceding date of closing, It the real prope 131 been improved of repaired within thal time, Seller shall deliver releases or waivers of construction liens executed by all general contraciors, subcontractors, suppliers and matena 12 addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materiaimen, further affirming that alt charges for improver- 133 repairs which could serve as a basis for a construction lien of a claim for damages have been paid or will be paid at the closing.of this Contract, (4H. PLACE OF CLOSING: Closing shall be held in the county wherein the real property 1s located at the office of the attomey or other closing agent (‘Closing Agent’) designated bs 135 |. TIME: In computing time penods of fess than sir ‘6) days, Saturdays. Sundays and state or national legal holidays shall be excluded. Any lime periods provided for herein whn 136 end on a Saturday, Sunday, of a legal holiday sha! extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. 1 J. CLOSING DOCUMENTS: Seller shall furnish the-deed, bil of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, lenant and mortgagee estoppe 138 and corrective instruments. Buyer shall fumish cloc-g statement, mortgage, mortgage note, secunty agreement and financing statements. 139 K. EXPENSES: Documentary stamps on the deed nd recording of corrective instruments shall be paid by Selier. Documentary stamps and intangible lax on the purchase money me {40 and any morgage assumed, mortgagee title insursince commitment with related fees, and recording of purchase money mortgage to Seller, deed and financing statements shall : 141 by Buyer. Uniess otherwise provided by law oF fcr to this Contract, charges for the following related title serwces, namely Iitle or abstract charge, litle examination, and sattlems 142 closing fee, shall be paid by the party responsible ‘or fumishing ihe title evidance in accordance with Paragraph V. 143 L PRORATIONS; CREDITS: Taxes, assessments. rent, interest, insurance and other expenses of the Property shall be prorated through the day before closing. Buyer shall have the 14 of taking over existing policies of insurance, if assumnable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prora: 45 be made through day prior to closing, or occupancy. it occupancy occurs belore closing. Advance rent and secunty deposits will be credited to Buyer. Escrow deposits held by mo: 16 will be credited to Seller. Taxes shalt be prorated based on the current year's tax with due allowance made fo maximum allowable discount, homestead and other exemptions. It 47 occurs al a date when the current year's millage is not fixed and current year's assessment is available, taxes will be proraled based upon such assessment and prior year's mi 13s current year's assessment is not available, then taxss will be prorated on prior year’s tax. If there are completed improvements on the real propery by January 1st of year of closing 149 improvements were not in existence on January 1<: of prior year. then taxes shal be prorated based upon prior year's millage and at an equitable assessment to be agreed upon &- 150 the panties; failing which, request shall ba made to :e County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an é 351 shall, at request of either party, be readjusted upor receipt of tax bill on condition that a statement to that ettect is signed at closing. 182 M. SPECIAL ASSESSMENT LIENS: Certified, cor imed and raufied special assessment liens as of date of closing (not as of Elfective Date) are ta be paid by Seller, Pending tier 153 date of closing shall be assumed by Buyer. I! the i->provement has been substantially completed as of Effective Date, any ponding lien shall be considered cerlified, confirmed or 's4 and Seller shall, at closing, be charged an amount quai to the jast estimate or assessment for the improvement by the public body. 188 N. INSPECTION, REPAIR ANO MAINTENANCE: Seller warrants thal the ceiling, root /including the fascia and soffits) and exterior and interior walls, foundation, seawalls (or equivaie 156 dockage do not have any Visible Evidence of leaks. water damage of structural damage and that the septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, p 157 systems and machinery are in Working Condition. T+ foregoing warranty shail be limited to the lems specilied unless otherwise provided in an addendum, Buyer may, at Buyer's expens 153 inspections made of those tems within 20 days after :ne Etfective Date, by a firm or individual specializing wn hone inspections and holding an occupational license for such pumpose (ile 189 oF by an appropriately hcensed Florida contractor, an Buyer shall, prior to Buyer's occupancy but not more than 20 days after Elective Dalle, report in wating to Seller such items that do n. 19 the above standards as to defects. Unless Buyer timely ceports such detects, Buyer shail be deemed to have waived Seller's warranties as to delects not reported. if repairs or replaceme 181 required to comply with this Slandard, Seller shafl car:se them to be made and shall pay up 10 the amount provided in Paragraph XIli(b}. Seller is not required to make repairs or replace 1 a Cosmetic Condition unless caused by a defect Selinr s responsible to repair or replace. I the cost for such repaxt or replacment exceeds the amount provided in Paragraphill(b), Buyer ¢ 163 may elect to pay such excess, failing which either party may cance( this Contract. If Seller 1s unable to correct the defects prior to closing. the cost thereat shail be paid into escrow at 16¢ Seller shall, upon reasonable notice, provide utlities service and access to the Property for inspections, including a walk-through prior fo closing, to confi that all tems of personal prope 165 on the real property and, subject to the foregoing, thr.: afl required repairs and replacements have been made and that the Property, including, bul not kmited to, lawn, shrubbery and poo. 166 has been maintained in the conditon existing as of E'‘ectve Dale, ontinary wear and tear excepted. For purposes of this Contract: (a) Working Condition” means operating in the manner 1 187 the'itern was designed to operate: (D) “Cosmetic Cor-dition” means aesthetic imperfections that do not atfect the working condition ol. the em, including, but not limited 10: pitted marcite: : 168 oF tom screens; fogged windews: fears, wom spots. 2° discoloration of floor cavenngs, walloaper, of window treaiments; nail holes, scratches. dents, scrapes, chips or caulking in cetlings 109 flooring, fixtures, or mirrors; and minor cracks in flocs. lles. windows, driveways, sidewalks, oF pool decks: and (c) cracked oof tifes, curling of wom shingles, or :mited roof life shat 170 considered defects Seller must repair or replace, so i>ng as there 1s no evidence of actual leaks or leakage or structural damage, bul missing ties will be Seller's responsibilty to replace o 171 0. RISK OF LOSS: If the Property is damaged by “re or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so da 172 cost of restoration shall be an obligation of Seller ar-d closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed al closing. if the cost of restoration e 173 3°% of the assessed valuation of the Property so ¢:.maged, Buyer shall have the option of either taking the Property as is, together with either the 3% or any insurance proceeds f 174 by vieue of such loss or damage, or of canceling tis Contract and receiving retum of the deposit(s). \5 P, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been lumished, evidence of title shall be cont 176 Buyer's expense 10 show litle in Buyer, without any encumbrances or change which would render Seller's tite unmarketable from the date of the fast evidence. All closing proces 177 be held in escrow by Seller's attomey or other murvally acceptable escrow agent for a penod of nol more than 5 days after closing date. Hf Scller’s tille is rendered unmarkelable, © 178 no fauh of Buyer, Buyer shalt, within the 5-day period, notify Setier in writing of the defect and Seller shall have 30 days from date ol receipt of such notification to cure the defect. i 179 fails to timely cure the defect, all deposit(s) and cizsing funds shall, upon written demand by Buyer and within 5 days after domand., be retumed to Buyer and, simultaneously w: 18) repayment, Buyer shall return the personal proper:y, vacate the real property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails lo make 181 demand for refund, Buyer shall take title as is, waiv.ng ail rights against Seller as to any intervening detect except as may be available to Buyer by virtue of warranties contained in tt 1 of bil of sale. If a portion of the purchase price is tc be derived from institutional financing oF refinancing, requirements of the lending instituhon as 0 place, lime of day and proced: 183 closing, and for disbursement of mortgage proceds shail control over contrary provision in this Contract. Seller shall have the righ! to require from the lending institution a 184 commitment that it will not withhold disbursement ct mortgage proceeds as a resutt of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required 185 Standard shail be waived if the title agent insures < dverse matters pursuant to Section 627.7841, F.S., as amended. 186 Q. ESCROW: Any escrow agent (“Agent”) receivir ) funds or equrvalent is authorized and agrees by acceptance of them to deposit thom promplly, hold same in escrow and. su’ 187 clearance, disburse them in accordance with terms 2n¢ conditions of this Contract. Failure of funds lo clear shali nol excuse Buyer's performanna. ifn doubt as to Agent's duties or i 188 under the provisions of this Contract. Agent may, 3° Agent's option, continue to hoid the subject matter of the escrow until the parties hereto aqree fo its disbursement or untit a jud: 489 of a court of competent junsdicion shall determine ‘ne nghts ot the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon not 190 parties concemed of such action, all liability on the part of Agent shail fully termmate, except to the extent of accounting for any items praviously delivered out of escrow. If a licans 131 estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent her. 192 oF in any Suit wherein Agent interpieads the subjec" matter of the escrow, Agent shall recover reasonable aftomey’s fees and costs incurred with thesa amounts to be paid trom arv 193 the escrowed lunds of equivalent and charged ary: awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdehvery to & 154 Seller of items subject to the escrow, unless such “nisdeiivery 1s due to willful breach o! the provisions of this Contract or gross neghgence of Agent 19 R. ATTORNEY'S FEES; COSTS: tn any litigation, including breach. enforcement or interpretation, arising out of this Contract, the prevailing party in $uch litigation, which, for pure: 196 this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover 197 non-prevailing party reasonable attomey’s fees, cots and expenses. 198 S. FAILURE OF PERFORMANCE: If Buyer fails tc pertorm this Contract within the time specified, including payment of all deposits, the deposil(s) paid by Buyer and deposit(s) ag 199 be paid, may be recovered and retained by and fo" the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlemen: 200 claims. whereupon, Buyer and Selier shail be relieved of all obligations under this Contract; or Seller, at Seller's option, may procead in equity to entorca Seller's rights under this C: 201 for any reason other than failure of Seller to make Seller's titlg marketable after diligent effort, Seller fails, negkects or refuses to perform this Contract, Buyer may seek specific pertar 202 oF elect to receive the retum of Buyer's deposit(s) «vithout thereby waiving any action tor damages resulting trom Seller's breach. 23 T. CONTRACT NOT RECORDABLE; PERSONS 3OUNO; NOTICE: Neither this Contract nor any notice of it shail be recorded in any public reoords. This Contract shalt bind an 24 to the benefit of the parties and their successors ir. interest. Whenever the context permits, singular shall inctude plural and one gender shail include afl. Notice given by or to the a 205 for any party shail be as effective as if given by or “9 that party. 706 U. CONVEYANCE: Soller shall convey litle to the sal property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropnate to the status of Seller, 237 only to matters contained in Paragraph Vil and those onerwise accepted by Buyer. Personal property shall, at the request of Buyer, be transterrad by an absolute bill ol sale with w 208 of tite, subject only to such matters as may be othermsa provided for herein, 208 V. OTHER AGREEMENTS: No prior or present acreements or representabons shalt be binding upon Buyer or Seller unless included in this Contract. No modification to or change 210 Contract shall be valid or biting upon the parties unlass in writing and executed by the party or partes intended to be bound by i. Fe aed oye No warrants that there ara no tacts known w Seller malenaly affecting the value of the Property which are not readily observable by Buyer or which have 212 disclosed to Buyer. ' waa Buyer ( ( and Setier ( { J acknowledge receipt of a copy of this page. FARIBAITSa Row. 98, ) jean 1998 THE re (AA AND THE FLORIDA ASSOCIATION OF WEALTONg® 7 Pt eee \ | ' | i | | L 2 INSFECTIONS AND APFRAISAL- In addition to complying with the requirements of Standards D and N, SELLER shai" comply with applicable FHA or VA regulations regarding termite inspection, ioof inspection, and appraisal repairs (collect ly veered to as “Appraisal Repairs”). The cost to SELLER for Appiaisal Repairs will not exceed costofar packercter A (check if applicable) FHA FINANCING: For the purposes of HUD, BUYER shall be referred to as “purchaser” and the US. Department of Veterans Affairs shail be referred to as “Veterans Administratian” “It is expressly agreed that notwithstanding any othet provisions of this contract, the purchaser shall not be oblignted to complete the purchasc of the property described herein or to, incur any penalty by forfeiture of earnest money depesits or otherwise unless the purchaser has been given in accordance with HUD/FHA or VA requirements a written statemer.t by the Federal Housing Commissioner, Vefergre acaits ition, or a Direct Endorsement lender setting forth the appraised value of the property of not less than S._}.1 CE ‘_.. The purchaser shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not ‘warrant the value nor the cundition of the property. The purchaser should satisfy himself /herself that the price and condition of the property are acceptable.” : . (a) Fees, Prepayments: SELLER shall pay tax sevice, underwriting, and document preparation fees required by the lender, and recording fees for assigning BUYERS mortgage. BUYER shall pay all prepayments and escrows for taxes, hazard insurance, FHA insurance, and flood insurance, when applicable. (6) Appraisal Repairs: If the cast of Appraisal Repairs exceeds the limit imposed by Paragraph | above, SELLER must, within 3 days after receiving notice of the excess cost, give BUYER written notice of SELLERS intention to pay some, all, or none of the excess amount If SELLER elects to pay less than the full amount of the excess cost, BUYER may elect to pay the balance or cancel the Contract BUYERS election must be in writing and provided to SELLER within 3 days after receiving written notice of SELLERS election. : OT {c) Certification: We, the undersigned SELLER, BUYER, and BROKER involved in this transaction each certify individually and jointly that the terms of the Contract for Sale and Purchase are true and correct to the best of our knowledge and belief and that any other agreements entered into by any of these parties in connection with this transaction are part of, or attached to, the Contract, (1 (check if applicable) VA FINANCING: Itis expressly agreed that, notwithstanding any other provision of this Contract, the Buyer shall not incur any penalty by forfeiture of eamust money or otherwise be obligated te complete the purchase of the property described herein, if the Contract purchase price or cost exceeds the reasonabic value of the property as established by the U.S. Department of Veterans Affairs. The Buyer shall. however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of reasonable value established by the US. Department of (a) Fees, Prepayments: SELLER shall pay for the termite inspection and tax service, underwriting, and document preparation fees required by the lender, and for recording fees for assigning BUYER'S mortgage. BUYER shalt pay all prepayments and escrows for taxes, hazard insurance, and flood insurance, when. applicable. (6) Appraisal Repatine If the cast of Appraisal Repairs exceeds the iimit imposed by Paragraph 1 above; SELLER must. within 3 days after receiving notice of the excess cost, give BUYER written notice of SELLERS intent to pay the excess cost or cancel the Contract. - ELECTION TO FROCEED WITH CONTRACT: In the event BUYER elects under Paragraph 2 or 3 above tn proceed with the “Contract without regard to the amount of reasonable value established by the Federal Housing Commissioner, US. Department of Veterans Affairs, or Direct Endorsement lender, such election must be made within 3 days after BUYER receives the appraisal. (If BUYER and SELLER agree to adjust the sales price in response to an appraised value which is jess than the sales price, a new rider is not required. However, the loan application package must include the original sales contract with the same price as shown on the above clause, along with the revised or amended sales contract) iene _ aparlte fpylaldins yb BUYER SELLER Date BROKER . Date BROKER, Date exwieit a FHA-2 4/3 2 Cooyriohee 1803 FLORIDA ASSOCIATION OF REALTORS? ter PO Temes . — Ortanda, Flora 32872-5025 = ADMINISTRATIVE COMPLAINT. URE A LT ADDENDUM TO CONTRACT. FOR SALE AND PURCHASE in reference to Contract dated ies Sentence. the Seller, it is further AGREED as FOLLOWS: Tr Seunen PAy #3000. 0& = Teas AED OQUVERS CLOsT ase _cos7 yz. og. —RZEScony Pozyrs oP . " EB —_----—. : . = re a Ss This addendum, upon its execution by both Parties, is herewith made an integral Part of the aforementioned a Contract, S . oO fw lo) . Dale executed by Buyer 3hyfer uN Li wef = hy : Buyer yp rere ms Buyer . ok ZL J Date executed by Seiler Shoe 2r / / ied . : = 09 Seller : at 6 ee en woe . — i i errr ae SST reer Pre ae AMERICAN. MORTGAGE BANC INC. PAY aaa TO THE ORGEA OF aR To EO DMT? Grow 8 tee oe mri fore beak as — a [Abc eapes ee q #003 263m is 2670873580 230000092775 2" - —_ | 4 most 4 oo Lf SAtbn AamM aR-Ot—NNH 7] ( SyeMuait eS) fn ee A | i j c$ vy THE LAW OFFICE OF 4g £o Les Schneiderman, PA. Puen 899 THE COURTYARD, SUITE 200 &% Boca (561) 477-6700 5301 N. FEDERAL HIGHWAY " WPB (561) 738-6700 BOCA RATON, FLORIDA 33487 FAX (561) 988-9892 SENT VIA FACSIMILE 561 624-6921 AND US MAIL 2 ; August 17, 1999 ~ wey Bay On G RE Department of Business & Professional Regulation eo e “0 Attn: Jonathan A. Platt, Inv. II ee eA Enforcement Section 3 Bo an Division of Real Estate “ S 3932 RCA Blvd. Ste. 3210 . Palm Beach Gardens, FL 33410-4228 RE: DBPR Case # 99-82265 BK Dear Mr. Platt: I write in regard to the above-captioned complaint and on behalf of Mr. Omari Murray of Aswad Realty, against whom the complaint was filed by Paul Nappi. It is our contention that, as Mr. Nappi states. while the closing may perhaps have been completed in a more professional manner, nothing that was done by Mr. Murray was illegal. This was Mr. Murray’s first closing as a licensed broker and while his handling might have been understandably unpolished, Mr. Murray did nothing wrong. I will begin by addressing the charges individually. As to the first charge, an agency disclosure was faxed together with other sections of the contract. Perhaps there was a problem in the transmission. A copy of the disclosure is attached hereto. As to the confirmation of escrow deposit, when the contract was accepted, a copy of the check was faxed to Mr. Nappi’s office as requested and well within the twenty days stated. A copy of said check follows. As you can see, it is made payable to Harbor Title. This was done because Aswad Realty had not yet set up an escrow account and it was Mr. Murray's understanding and practice that Harbor Title, with who Aswad had worked with on closings in the past, would hold the money in escrow for Aswad. Mr. Murray, accordingly, forwarded said check via mail to Harbor Title. Two days before this closing when the escrow monies were requested from PAGE | OF 3 . EXHISIT PAGE oF 2? ¢ > Harbor Title, Mr. Murray learned for the first time that Harbor Title never cashed the check and stated that they believed the agreement with Aswad was that they would hold escrow monies only if they were working on the transaction, which they were not. This was entirely a miscommunication / misunderstanding of the escrow-holding arrangement between Aswad and Harbor Title which was only brought to Mr. Murray’s attention two days before the closing. Mr. Murray and Aswad are currently in the process of establishing an escrow account so that this never occurs again. As to the buyer & mortgage information, charge #3, as soon as loan approval was obtained, Mr. Murray spoke with Mary Jane Wygant of First American Title who informed him that she still required information on the borrower before a closing could be arranged. She faxed Mr. Murray an information sheet which he promptly filled out and returned by fax. As to charge #4, Mr. Murray was merely interested in making sure that the preparation for the closing was moving along on schedule and pointed out that if a survey is needed, it should not be ordered and done at the last minute. As to charge #5 and a borrowed key, Merlene Rodney who works for Aswad Realty as a Mortgage Broker took the buyer to see the property. Mrs. Rodney and Mr. Murray help one another out from time to time at the office including meeting with the termite inspector. Mr. Murray’s inspection of the property was done at the time of the appraisal. Mr. Murray accompanied Daniel Bryant on his visit to the property and they were met by the seller. Charge #6 does not seem to make an allegation other than Mr. Murray is married to the buyer, which was disclosed from the onset. As to charge #7 and locks being changed which Mr. Nappi, himself, characterizes as a “minor inconvenience’, after the closing, no keys were handed over to the buyer and Mr. Murray was told that no keys were available. Mr. Murray called Mr. Nappi’s office about obtaining keys and left a message, which was not returned. Mr. Murray drove to the property at approximately 7:00 PM that day and found no keys anywhere, no notices anywhere and the lockbox was removed. Mr. Murray’s call to Mr. Nappi had still not been returned at that point. Upon checking, they found the garage door to be unlocked and entered the home. They then proceeded to secure the home by changing the lock on the front door. To this day, four months later, no keys have been offered for this property; there are locks for which the new owner still does not have keys. (I believe Mr. Nappi’s complaint revolves around “professionalism”? Apparently, Mr. Nappi does not believe that he needs to act professionally, only other brokers.) Surely a new home owner should not be required to wait on some party to get around to giving them keys to enter their newly purchased property and are well within their rights to change the locks on their home to secure it. While a licensed broker, Mr. Murray is not a member of the local Board of Realtors or the regional MLS. Mr. Nappi points this out himself in charge #5. Mr. Nappi, on the other hand, is PAE RBMINISTRATIZ: COMPLAINT EXHIBIT #2 —____——- ~ PAGE yor) "MER OT ay an active member of the Realtors Association of the Palm Beaches, Inc. 'Pettiaps hi member of the “club” played some role in Mr. Murray not being gi6@n a; assistance or cooperation as a matter of professional courtesy in this transaction it being his first as a broker, and instead be chastised afterward. yoni to be an attempt to try to punish Mr. Murray because he is not a member of the Board not an extremely experienced broker but did not act illegally in this rahe angpeater amount of aa Murray is + y / & We await the results of the investigation. Please advise if we can be of any assistance. 1 Mv Documents MYPILES REAL ESTATE omartmurranicptasprotreetir send For the Firm PAGE 3 OF 3 Pua ERY Pot being a Babe iy with =? as) oe . 1S. VEPAHIMENT OF HOUSING AND URBAN DEVELOPMENT , SETTLEMENT STATEMENT First American Title Insurance Company 2161 Palm Beach Lakes Blvd., Suite 317 West Palm Beach, Florida 33409 6. FILE NUMBER: 00049754 & MORTGAGE INS, CASE KO! 092-7875541-703 This form is fumished to give you a statement of actual settlement costs. Amounts “(0.0.c.)° were paid outside the closing; they ara shown here for informational pi ¢. NOTE: paid to ard by the settiement agent are si 0. NAME OF BORROWER: STEPHANIE BARRETT, a married woman ADDRESS OF BORROWER: 434 S.W, 6TH STREET, BOYNTON BEACH, FLORIDA 33435 E NAME OF SELLER: CAROL W. PATTISON, a single woman AODRESS OF SELLER: 201 S.W. 11TH AVENUE, BOYNTON BEACH, FLORIDA 33435 F. NAME OF LENDER: CTX Mortgage Company ADDRESS OF LENDER: 2541 Metrocenter Bivd., Suite 1 West Palm Beach, FL 33407 G. PROPERTY Lot 1, Block 1, Woodcrest Manor, Bk 26, Pg 88 LOCATION: 201 SOUTHWEST 11TH AVENUE BOYNTON BEACH, FLORIDA 33435 First American Title Insurance Company 2161 Palm Beach Lakes Blvd., Suite 317 West Palm Beach, Florida 33409 May 7, 1999 SUMMARY OF BORROWER'S TRANSACTION H, SETTLEMENT AGENT: PLACE OF SETTLEMENT: 1, SETTLEMENT DATE: J K 100, GROSS AMOUNT DUE FROM BORROWER: 00. GROSS AMOUNT DUE TO SELLER: "pen tems marked umposes ard are not included in the totals! SUMMARY OF SELLER'S TRANSACTION 101. Contract sales price 118,500.00 lor. contract sales price 118,500.00 ; 102. Personal property 02. Personal property | 103. Settlement charges to borrower: 103. ! (from tine 1400) 5,089.76 ' 104. 04, : 105. 105. i ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: i 106, CityRown taxes to 406, CityRown taxes to 107. County taxes to 407. County taxes to i 108, Assessments to 408, Assessments to | ; 100, SWA 5/8/99 to 9/30/99 42.90} 409. SWA 5/8/99 to 9/30/99 42.90 | | 110. 410. | 11. an | 412, 412. : 20. GROSS AMOUNT DUE FROM BORROWER: >| 193 +632 .66 |420. GROSS AMOUNT DUE TO SELLER: >| 118,542.90 | ‘00. AMOUNTS PAID BY OR IN BEHALFOF BORROWER; 500. REDUCTIONS IN AMOUNT DUE TO SELLER: i | 01, Deposit or earnest money 2,500.00 |so3. Excess deposit (see instructions) i i 02, Principal amount of new loan(s) 118’, 405.00 |saz, Seltlement charges to seliar {line 1400) 11,100.93 | ' 03. Existing loan(s) taken subject to 503. Existing loans) taken sub;act to | 04, Lender Paid Fee 1,158.00 |504. Payott of first mortgage loan 9,123.19 \ : os. 0S. Payoff of second mortgage loan 58,617.34 | | 96. sos. ! o7. S07. | ' 28, so. 08. Iso. ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 210. Citytown taxes to 510. Citynown taxes lo te 211. County taxes 1/1/99. to 5/8/99 485.93] $11. County taxes 1/1/99 to 5/8/99 485.93 Zz 212. Assessments to 512. Assessments to < 213, 513, a 214. 14, = 215, 515. 5S 216. 516. cy 217. . | 517, ! 218, 518. ' 239. 519. \ ] 0. TOTAL PAID BY/FOR 520. TOTAL REDUCTIONS | | BORROWER: > 122,548.93 IN AMOUNT DUE TO SELLER: Lal 79,327.39 | 0. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER: | : - Gross amount due from borrower (line 120) 123,632.66 |601. Gross amount due to selier (line 420) 118,542.90 | i 2 Less amount paid by/or borrower (line 220) ( 122,548.93)602. Less total reductions in amount due seller (line $20} ( 79,327.39) i ! i i 3. CASH = ( [R] FROM) ( (] TO) BORROWER: » 1,083.73 603. cas ( (RJ ro) ( 0] From) — SELLER: » 99,215.51 Naz PTS-RVOI Payoff(s): TROPICAL FEDERAL CR.UN. su (2-46) - j WENDOVER FUNDING » INC, AESPA, HB 4308.2 48 No 2502-0265 ”~ ‘Sa etm ir 4 i | | i i | PAGE? vi . Per ieemene * 700 TOTAL SALES/BROKER'S COMMISSION: $ 118,500.00 DIVISION OF COMMISSION (LINE 700) AS FOLLOWS: @ 5.5% 6,517.50 PAID FROM BORROWER'S PAIO FROM ~ 70.8 2,962.50 to ILLUSTRATED PROPERTIES 702.$ 3,555.00 to ASWAD REALTY SETTLEMENT 703. Commission paid al settiament 704, 801. Loan Origination fee 1 % to CTX Mortgage Company 1,158.00 802. Loan Discount % . 803. Appraisal Fee to: MICHAEL D. BRIANT 250.00 804. Credit Report to: CREDCO 50.00 805. Lender's Inspection tee 806. Mortgage Insurance application fee to 807. Assumption fee 808. Courier/Delivery Fee to CTX Mortgage Company 20.00 809. Tax Related Service Fee to CTX Morgage Company 70.00 810. Underwriting Fee to CTX Mortgage Company 169.00 811. Closing/Disburse Fee to CTX Mortgage Company 150.00 901. Interest from = 05/07/99 to 06/01/99 @$ 25.546 Iday 315.00 323.65 902. Mortgage insurance premium for mo. to CTX Mortgage Company 2,605.50 903. Hazard insurance premium tor 12 mo. to POC $425.00 SCOTSDALE INSURANCE 904, Flood Insurance Premium tor mo. to 905, : 1000. RESERVES DEPOSITED WITH LENDER: 1001. Hazard insurance 3 months @ $ = 35.42 per month 106.26 1002, Mortgage insurance months @ $ per month 1003, City property taxes months @ $ per month 1004. County property taxes 9 months @ $ 125.42 per month 1,128.78 1008. Annual assessments months @ $ per month 1006. months @ $ per month 1007. months @ $ per month 1008, months @ $ per month ~LIQQ TITLE CHARGES: 1101. Settlement or closing fee to First American Title Insurance Company 3102, Abstract or title search to First American Title Insurance Company 1103, Title examination to First American Title Insurance Company 100.00 1104, Title insurance binder to 4105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to {includes above items Numbers: ) 4108. Tilla insurance 'o First American ‘Title Insurance Company ‘ 968.00 (includes above items Numbers: OWNERS & MORTGAGEE ) 1109. Lender's coveraga $ 118,405.00 1110, Owner's coverage $ 118,500.00 1111, FL 9 END to First American Title Insurance Company 97.00 - 112. 8.1 END to First American Title Insurance Company "25.00 1113. SHIPPING AND HANDLING FEE to First American Title Insurance Company 80.00 1201, Recording fees: Oeed$ 6 60 i Mortgage $ 38.10 ; Releases $ 44.70 1202, City/county tax/stamps: Deed $ : Mortgage $ 1203. State tax/stamps: Deed$ 829.50 +Mongage $ 414.75 414.75 829.50 1204. Intangible Tax to Clerk of the Circuit Court 236.81 1208. D Dé t F 1301. Survey 6 ~AMERICAN LAND SURVEYING 250.00 = 1302. Pest inspection to Zz 1303. Satisfaction Services to First American Title Insurance Comp 22.20 =x \ 1304. Doc Prep Fee to CTX Mortgage Company 250.00 — 1305. Flood Certification Fee to FLOOD ZONES, INC. 15.00 C. 1306. = 1307. 8 5 cm ennwmmme eT ete | BM 1400. TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J - and - line $02, Section K) > 5,089.76| 11,100.93 ea have carefully reviewed ine HUD" Semlemeni Slalement sd @ the beri or or Seceernenn tec ealet It la x tue and accurate statement of ail receipts and Glebureements meds on my account or = by me in this transaction, | turtner certify that | have received s copy of HUD-1 Setllament Statement, IS SAarnit a / / mas STEPHANIE BARRETT CAROL W. PATTISON al Borrowers Sellers —~ ‘The HUO-t Senlement Statement which | have prepared Ia a true and accurate account of this transaction, | have caused ‘oF will cause the funds to be disbursed In accordance with nis statement. aa | oa Settlement Agont : Date __ May 7, 1999 M.J. WYGANT, File No. 00049754 WARNING: itt a crt me to keowingly make lale@atalamanta ta the United States on this or any othgr similar form, Penalties upon conviction can Include a fine or imprieonment. For detaile see: Tie 18 U.S, Code Section 1001 and Section 1010, ~ Form No.: PTS-HUD2 aur hie as enanaaiatl GN /ht 4 ] ncy/Gompensauon Disciosure | 1. AGENCY DISCLOSURE On Ady Mugaay | Name of real estate ieensee 2. COMPENSATION DISCLOSURE The real estate broker is being paid by (check one): + NB Salle: 3.. RADON GAS DISCLOSURE Radon Gas: Radon is a naturally occurrmg radioactive gas tnat, when it has aecymulated in a building in sufficient quanii- tias, May present health risks to persons wno are axposad (0 it over tima. Levels of radon :hat exceed federal and state guidelines have been found in Ouildings in Flonda. Additional information regarding radon and radon testing may be ootaine from your county public heaith uri. 4, ENERGY-E=FICIENCY RATING DISCLOSURE in accordance with the Florida Building Energy-Eficiency Rating Act (Chapter 553, Part XI. FS. (1993)], Buyer of Reai Property with a building for occupancy located thereon is notified that tha Buyer may have the busiaing's a efficiency Tating determined. ; Huyer acknowledges racaipt of the "Florida Building Energy-Efficiency Rating hee uisclosure brochure. t | received tha agency, compensation, energy-efficiency rating and radon gas disclosures prior to signing an offer to ourcha property or a lease agreement. Buyer Date Buyer Date STRATIVE COMPLAINT ” ACR-4 Rav. 4405 ©1995 Florida Associaton of REALTORS AY Rignta Aaserved [B € “ h are am , WA Tasha (aM AR-QT ANH (eer ait 2) one NEE OTe rey AMERICAN. MORTGAGE BANC INC. ook PH §61-798-2522 : me 232. N, FEOEAAL MWY... STE. £ a BQYNTON BEAGH. FL. 33435 PAY TO THE ORGEA OF FAR um FSi gag ap eee sa ed ek _ TWENTY Ive HUNDRED DOLLARS AND 90/100 ONTY. ri q ha Este Aaa EAS? ‘bel ADMINISTRATIVE COMPLAINT. EXHIBIT 4 PAGE Dur A719 ‘A — ~ f TMK RIT Ree) 4 CA hO AZM RR-QT-ANH + 7 cl)

Docket for Case No: 00-005071PL