STATE OF FLORIDA iy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION HEP FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, C1993 PL Petitioner, vs. FDBPR Case N° 99-83406 PATRICIA A. VEADER, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Patricia A. Veader . (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 Stat of F lorida, i in particular Section 20, 165 and Chapters 120, 455 and 475, of the Florida Statutes and the tules promulgated Pursuant t thereto. 2, Respondent j is and was at all times materi hereto a licensed Florida real estate salesperson, issued license number 04324043 i in accordance with Chapter 47 475 of the Florida Statutes, 3. The last license issued was as a salesperson at 5136 Trenton Drive, Pace, Florida 3 & FDBPR v Patricia Veader Case No. 99-83406 Administrative Complaint 32571. 4. During at least September through December of 1998, Respondent operated as a real estate salesperson for Home Trade Center and Debra Broker. 5. Respondent advertised that she operated with Home Trade Center. A copy of the advertisement is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. At all times material Home Trade Center and Debra Broker a.k.a. Deborah Broker (“Broker”) were not licensed or registered with Petitioner. 7, During November and December of 1998, Respondent negotiated a Contract for Deed between Home Trade Center and Steve Driver and Shannon Roemer (“owners”) for property located at 4813 Birchwood Court, Pensacola, Florida (“subject property”). A copy of the pertinent documentation is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 8. Respondent represented to the owners that upon their transfer of the deed for the subject property to Home Trade Center, and it would pay the mortgage note until such time that the mortgage was “paid in full or assumed by a new qualified purchaser.” 9. The Warranty Deed to Trustee executed by the parties stated that it was is “for and i in consideration for -300- Dollars. ” A copy y of the waranty deed is attached hereto and ive ve Complaint Exh 10. Th Respondent facilitated a | a lease option to purchase agreement with tenants for the peed ca mtence sae RE ES FDBPR v Patricia Veader Case No. 99-83406 Administrative Complaint subject property, Amanda and Robert Porter (“tenants”). 11. The tenants placed a $3,000 deposit with Respondent and Home Trade Center by check #1346. Upon information and belief, this check was not negotiated and the tenants gave the Respondent, Home Trade Center and/or Broker $3,000 in cash as a down payment for the lease option to purchase agreement. A copy of the check and receipt is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 12. Although the tenants made timely monthly rental payments to the Respondent, Broker and/or Home Trade Center, the payments were not provided to the owner’s mortgage company. 13. The owners received default notices and proceeded to file bankruptcy. 14. The Respondent had knowledge that Broker and Home Trade Center were not licensed or registered with Petitioner at all times material hereto. 15. Section 475.43 of the Florida Statutes titled “Presumptions” provides that: “Tn all criminal cases, contempt cases, and other cases filed pursuant to this chapter, if a party has sold, leased, or let real estate, the title to which was not in the party when it was offered for sale, lease or letting, or such party has “maintained an office bearing signs that real estate is for sale, lease, or rental thereat, or has advertised real estate for sale, lease, or rental, generally, or describing property, the title to which was not in such party at the time, it shall be a presumption that such party was acting or attempting to act as a real estate broker, and the burden of proof shall be upon him or her to show that he or she was not acting or attempting to act as a broker or salesperson. All contracts, options, or other devices not based upon a substantial consideration, or that ; are otherwise employed to permit an unlicensed person to sell, lease, or let real estate, the beneficial title to which has not, in good faith, passed to such. . FDBPR v Patricia Veader Case No. 99-83406 Administrative Complaint party for a substantial consideration, are hereby declared void and ineffective in all cases, suits, or proceedings had or taken under this chapter; however, this section shall not apply to irrevocable gifts, to unconditional contracts to purchase, or to options based upon a substantial consideration actually paid and not subject to any agreements to return or right of return reserved. [Emphasis added]. COUNT I Based upon the foregoing, Respondent is guilty dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b) of the Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of aiding or assisting any unlicensed person or entity to practice a profession contrary to Chapter 475 regulating the profession in violation of Section 455.227(1)(j) of the Florida Statutes and therefore in violation of Section 475.25(1)(e) of the Florida Statutes. WHEREFORE, Petitioner ‘Tespectfully requests the F lorida Real Estate e 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 a as S charged. The Penalties which imposed ‘for ‘Violation(s) of Chapter 475 of the Florida Statutes, depending upon tk the © severity of the offense(s), include: revocation of the Hcense or x registration or © permit suspension of the license, registration or permit for a period 1 not to exceed 1 ten ( 10) y ars, imposition of an 1 administrative fine a of up to $1, 000 for each count or offense; imposition of i investigative costs; issuance of a reprimand; 4 ay be | ; es FDBPR v Patricia Veader Case No. 99-83406 Administrative Complaint imposition of probation subject to terms including, but not limited to, requiring the licensee, et registrant or permitee to complete and pass additional real estate education courses; publication; or sok 7 any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. (1999) and Fla. Admin. Code R. 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the * license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand: imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. (1999) and Fla. Admin. Code R. 61J2-24.001. Als bo —___ 2001. a § Profe Professional Regulation Daperiment of FTN By: Division oF Director, Division of Real Estate fata —— e ® tape BES receipt of thi FDBPR v Patricia Veader Case No. 99-83406 Administrative Complaint ATTORNEY FOR PETITIONER Sunia Y. Marsh Florida Bar N° 0068896 Senior Attorney, Real Estate 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 SM/k PCP: MV/CV 3/01 ; NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. ... PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you May request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified. representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of ministrative Complaint, the Petitioner will file with the Florida Real Estate a requesting an informal hearing and entry of an appropriate Final Order the suspension or revocation of your real estate license or registration. : _ Please see the enclosed Explanation of Rights and Election of Rights form. TRADE-Up ag 2 a~ %y TRADE CENTER Patt Veader or Debra Broker r Ph. (850)989-0062 6706 N. Sth Ave. Pgr. (850)505-2272 Pensacola, FL 32504 Fax (850)994.0639 an COMPLAINT. MNISTRATIVE M ADMIN! “ i EXHIBIT a oF PAGE —— + HOME TRADE CENTER CONTRACT FOR DEED (Corporate Purchase Qualifying Assumable Loan) STATE OF FLORIDA COUNTY OF ZS Casa THIS Contract for Deed (this "Contract") is made and entered into on Nov. 21,1998 between Steve & wife Sk Kayo. et OF Escambia County, Florida ("Seller") and also known as 4813 Birchwood ct, Pensacola,Fla. Debra Broker ,and Patt Veader of Home Trade Center ("Buyer") upon the terms and conditions set forth in this Contract. 1, Purchase and Sale. The Seller agrees to sell to Buyer, and Buyer agree: to purchase from Seller, the following described real property (the "Property") together with all improvements on the property situated in the county of Escambia and State of Florida to-wit: . ‘ Lot V2, Block : a City of Pensacol;a_,Escambia County, Florida also known as 4813-Birchwood Ct. Péngacola Fla.(Address), or as described on attached exhibit, together with the following items, if any: curtains and rods, draperies and rods, valances, blinds; window shades, ‘screeris, shutters, awnings, wall-to-wall carpeting, mirrors fixed in place, ceiling fans, mail boxes, television antennae, and satellite dish permanently installed heating and air conditioning units and equipment, built-in security and fire detection equipment, lighting and plumbing fixtures, water softener, built-in kitchen equipment, garage door openers with controls, built-in cleaning equipment, all swimming pool equipment, shrubbery, permanently installed outdoor cooking equipment, built-in fireplace screens, basketball goals and all other property owned by Seller and attached to the above described real property except the following property which is not included: : : ; oes ; 2. PurchasePrice. | The Buyer promises to pay the Seller or Selier's order the sum of the principal balance of the Note and the Initial Payment (“the Purchase Price") of approximately $60,000 Dollars for the Property, as follows: ADMINISTRATIVE COMPLAINT. EXHIBIT # AGE | OF LC gS? a. $("Initial Payment") to be paid on the Closing Date (hereafter defined). b. Buyer will pay the monthly installment payments of principal and interest, together with any escrow payments pursuant to Section 8 below, (collectively the "Payments") on the First Lien Deed of Trust Note dated December 1, 1998 by Seller ia favor of Se rd Ay ces, 47 ("Noteholder"), the holder of said Note and to such Noteholder's successors and assigns, or any such replacement therefor contemplated by Section 3 (c) below (such note and any replacement to be collectively referred to as the "Note" and any holder of the Note to be referred to as the "Noteholder"), beginning with the first Payment which becomes due 30 days after the Closing Date. and continuing until the Note is paid in full or is assumed by a new qualified Purchaser. The principal balance on said Note is approximately $60,000, it bears interest at the rate of “2. S_% per annum, and the Payments as of the date of this Contract are $5000 which include principal, interest and escrow deposits for ad valorem taxes and insurance premiums related to the Property. 0B. c. If the unpaid balance(s) of any loan(s) or the Note as of closing date varies from the loan balance(s) stated above, the sales price shall be adjusted by the amount of any variance; provided, if the total principal balance of all loans varies in an amount greater than $350.00 at closing, either party may terminate this contract and the Earnest Money shall be refunded to Buyer unless either party elects to eliminate the excess in the variance by an appropriate adjustment at closing or otherwise agreed by both parties. 3. Contingencies. Buyer's obligations hereunder are expressly made contingent upon the following conditions precedent, which it, in its sole discretion, may waive: f a. Seller qualifying for a conventional loan for and obtaining title to the Real Property, and improvements located at_N.A. EscambiaCounty, Florida (the "New Property") no later than M [A— orupon completion of the New Property by builder. . b. Taspection of the Property by a licensed inspector, Buyer's acceptance of said inspection reports, and any required repairs, per the inspection report, being made by Seller, unless agreed otherwise in writing by Buyer. ~ C, Seller refinancing existing FHA Joan under the FHA Stream Line Refining Program at a new interest rate not to exceed _ N/A %. 4. Closing Date, The date on n which Buyer becomes bound to perform its obligations hereunder (the "Closing Date") shall be any date on which the conditions precedent have been satisfied or have becn waived by Buyer, but no later than the date on ADMINISTRATIVE COMPLAINT. EXHIBIT 7 #§ PAGE a oF IO ____. os coremer ° i the Closing Date occurs prior o the Provisions in Paragraph 29 of this Contract, If Buyer obtains any form of a contract to sel] OF Convey the Property to a third Party, and possession is to be transferred to the third Party prior to the New Property being available for Occupancy, SELLER AGREES TO SURRENDER POSSESSION OF THE PROPERTY TO SUCH THIRD PARTY NO LATER THAN THE CLOSING DATE. Resale of the Property. Tt is the intention of Buyer to immediately 5. list the Property for sale to others. The Property may be listed and sold for an amount GREATER than the Purchase Price or for an amount LESS than the Purchase Price, a, Ifthe Property is ch sale shall be Proceeds of sy Property is sold by Buy borne exclusively by Buyer. b. All contracts for the sale, transfer t. If Seller acce reduced to equal such net. sold for an amount retained exclusively b er for an amount less than greater than the Purchase Price, all y Buyer. In like Manner, if the the Purchase Price, the loss will be or 4 Possession of said Property MUST be 6 Risk of Loss and Insurance. Buyer assumes as of the Closing Date al] hazards of damage to or destruction of any hereafter to be placed thereon, Until full p Warranty Deed as hereinafter Provided, th the Note, but the p - Fesponsible for obt until the assumption of the Property then the Policy will be canceled and ALT, refunds to be transferred . 3 : ; assumption of or full ersonal property coverage y aining 4 renters policy for ¢ to Purchas PAG improvements ayment of purchase price and delivery of the © premises are to be insured to at least the damaged or destroyed improvements Ce policy on the Property shall Payment of Seller's obligations unger vill be canceled and Buyer will be over, ADMINISTRATIVE COM! EXHIBIT #22 S_ oF _fO GE age of Buyer's personal Property Ss? 3 7. Taxes, Buyer agrees to pay after the Closing Date all taxes assessed and to be assessed against the Property and any improvements or personalty now or hereafter placed thereon. 8. Escrow. At the option of Noteholder, Buyer shall pay to Noteholder monthly a sum equal to 1/12 of the real estate taxes and insurance premiums, and Noteholder may hold these payments in escrow from the annual payment thereof. All escrow’s now in existence will remain on deposit for Buyer's benefit. condition. * 10. Right of Inspection, Buyer shall have the Tight to inspect the Property prior to the Closing Date. Seller shall have the right to periodically inspect the Property after closing with 24 hours notice either written or verbal, a ll. Conveyance of Full Performance. ‘When the Note has been paid in full OF assumed, and all other indebtedness owed hereunder, has been paid by Buyer in accordance with the terms and provisions of this Contract, Seller will convey said Property to Buyer by general warranty deed, on the current form of the State Bar of Florida, conveying good and indefeasible title, with covenant of general warranty, subject a. In accordance with the terms of the Real Estate License Act of the State of Florida, Buyer is advised that it should have the abstract covering the Property, examined by an attomey of Buyer's own Selection, or that Buyer should be furnished with or obtain a policy of title insurance, es a ae - b. If an abstract is furnished, Buyer agrees within ten (10) days from receipt of said abstract either to accept the title as shown by said abstract or Teturn it to Seller with written objections to the title. IF the abstract is not returned with written objections “ “noted within the time Specified, it shall be construed as a acceptance of said title. If title policy is furnished, Buyers agrees to consummate the same within ten (10) days from the date title company approves title, : ooo ADMINISTRATIVE COMPLAINT > eo oo ess - “Duet @ _ So REE 4 c. Tf any objections are made to the title, then the Seller shall have a i ections and show good and marketable title. IN the eve arketable title, all moneys paid to Seller and to Noteholder uons and return of this contract, or Buyer may uyer's option. d. Seller agrees when title objections have been cured, to deliver a Sood and sufficient general warrant deed properly conveying said Property to Buyer or Buyer's assigns, 12. Events of Default. The following events shall be deemed to be default by Buyer under this Contract. ; events of a Failure by Buyer to make any . Payment or other Payment described herein at the time the same shall fall due, : b. Failure of Buyer to perform prompt! ¥ any Covenant or agreement Provided for herein or in the Note and any dee d of trust Securing same, 1 c. Insolvency of Buy a €r, or transfer by Buyer in fraud or creditors, or assignment by Buyer for the bene fit of Buyer's creditors, d. Filing by Buyer of a petition under any Section or chapter of the Bankruptcy Code, as amended, or under any similar law or statute of the United St any State thereof or judgment of B against Buyer thereunder. ates or uyer's bankruptey or insolvency in proceedings filed ‘ a e. Appointment of a receiver or trustee for all or substantially all of the assets of Buyer, f Buyer will not file this contract for record, and will disclose neither the fact of this Contract » Nor the terms of this Contract to any third party without Seller's prior consent, ; ; On the occurrence of any of these €r may invoke the options - emand, subject only to . ADMINISTRATIVE COMPLAINT EXHIBIT PAGE Sor 10 £ 7 3 a. In the event Buyer fails to keep the Property in good repair and condition, or fails to pay Promptly when due all taxes and assessments, or fails to keep the property insured, then Seller may, without being required to do so, make such repairs, pay such b. To terminate the Contract and retain as liquidated damages any ‘payments theretofore made hereunder by Buyer, as the sole and complete compensation to Seller for breach of this Contract and for rental and deterioration of the Property. If Seller elects this remedy, Buyer shall immediately surrender the premises to Seller as of the effective date of forfeiture; if Buyer fails to do So, Buyer shall from and after the termination of this Contract be a tenant at will of Seller, and Seller shall be entitled to bring an action of forcible detainer of the Property. : : c. Seller may change the locks and refuse unescorted entry to Buyer , if in default. After locks have been changed Buyer has right tg enter property only after contacting Seller o Seller's Tepresentative 24 hours a day at a given telephone number in order to take possession of personal Property only. % : 14. Other Remedies, Notwithstanding the language contained in Paragraph 13 of this Contract, it is agreed that Seller may elect to bring an action or ~ Buyer's residence, Seller may invoke any or all of the above remedies after Buyer's default continues for ten (10) days. Seller shalt give notice to Buyer of Seller's intention to enforce a forfeiture of the interest or an acceleration of the debt, or both. During the periods described on said Sections the Buyer shall have the right to cure defaults and i thereby reinstate this Contract. Furthermore, the statute requires waiting times between : _ Giving notice and proceeding to forfeit and accelerates: ; : ! ADMINISTRATIVE COMPLAINT ou EXHIBIT # . | Pace 6 oor _) 0 a Ct * a, if Buyer has paid fe: days after the date notice is given; b. if Buyer has paid ten percent (10 (20%) of the sale Price, thirty (30) days after th ec if Buyer h days after notice is given. Moreover, during any of these applicable pe with the terms of this Contract up to the dat 16. No Future Grants by Seller. during the term of this Contract consent of Buyer (which need not be given) j or other interest in, over, and zoning ordinances. 17. -Exclusive Possession, terms, conditions, and Covenants hereof and exclusive right to the access/possession of th this Contract due to default om part of the B 19, Prorations. Taxes for the curre any) are to be prorated to the Clo ing Date, EX » Seller shalt not, wit! or under the Property, or a ADMINIS PAGE 6 ss than ten percent (10%) of the sale price, fifteen ( 15) 7) or more but less than twenty percent e date notice is given; and as paid twenty Percent (20%) or more of sale price, sixty (60) Tiods Buyer may cure default by complying eof Compliance. Tt iSrunderstood and agreed that hout,first having contained the in writing, grant any easement, right of way, Sree to any change in present building So long as Buyer timely performs all of the makes the Payments, Buyer shall have the Property, but iti the event of cancellation of uyer, Buyer agrees to immediately surrender and deliver access/possession of such Property to Sell er, and in the event of failure of ch cancellation. be and continue as the nt year, the current rents and interest, (if HiBIT 4, eee ee fie Pega |e . 7 20. Payment Documents, Effective the Closing Date Seller will furnish to Buyer all payment books and Correspondence related to the Note and Payments and from the date hereof shal! notify Buyer within ten (10) days of any change in the Paymients due to increase or decrease in interest fate, taxes and/or insurance, 21, Disclosures, a. Addendum 1 is a part of this Contract and contains numerous disclosures and release language which affects the rights of the parties hereto. b. The buyer DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE QUALIFICATIONS OF ANY ASSIGNEE OF THIS CONTRACT OR ANY OTHER BUYER WHETHER BY CONTRACT FOR DEED OR WHO FINANCES BY ANEW LOAN OR BY ASSUMPTION OF THE EXISTING NOTE. 22. ARM Mortgage, In the event that the Note, which is secured by a deed of trust lien against the Property, is an Adjustable Rat Mortgage or contains any interest adjustment Provision, and Payments and interest br djustable periodically in accordance with the provisions of the Note and such iedd ‘gf trust shall be attached hereto and made a part of this agreement for all Purposes, and the Purchase Price and Payments ‘ © 23. Personal In juries, Seller is not to be liable to Buyer or Buyer's agents injury, forth in this instrument is null and void. Addenda which are part of this contract are (list): (a) Owner Disclosure Statement (b) Property Condition Addendum (c) Addendum 1. Disclosure and Release (d) Release of Liabilit on Assumption of FHA Loan. 4 = 25. Bindine of Heirs and Successors. “All of the terms, covenants, and Conditions contained in this agreement shall apply to, inuré to the benefit of, and be binding on the heirs, executors, administrators, successors, and assigns of the parties, except as otherwise expressly provided in this agreement, ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE . uy e iv) ~~ 26. Tax and Insurance Statemen ts. Effective the Closing Date, Seller will furnish Buyer with Tax and Homeowner Insurance immediately upon receipt. 27. Legal Nature. EACH PARTY REPRESENTS TO THE OTHER THAT SUCH PARTY HAS READ THIS CONTRACT CAREF ULLY. Federal law may impose certain duties upon signatories to this contract when any of the signatories is a foreign party, or when any of the signatories receives amounts of U.S. 28. Notice. It is agreed that written notice from one party addressed and mailed by certified or registered mail to the other party at the addresses given below shall be sufficient Notice, and no further notice shall be necessary. ~ 29. ‘Fee for Services. If for any reason other than Seller's inability to find a lender who will refinance the purchase of thé New Resid > Seller does not close on the purchase of the New Residence, Seller agr RG cvene -00 to compensate Buyer for its efforts and ékpe: agree that $2,500.00 is a reasonable fee a. If Property closes Prior to closing of Seller's New Residence, the Initial Payment moneys will be deposited in Home Trade Center's Teal estate escrow account until such time as Seller closes on the purchase of New Residence, closing of the Property, Home Trade Center wi i the Property's contract sales price form the escrow money's mmission for selling property, plus any additional cost incurred due to Seller his contract. Ifthe amount in escrow is insufficient to Pay said real estate ¢ issi ef agrees to pay Home Trade Cent any difference j payable to Home Trade po 39° Special Provisions. ; della eles op f Home Trade Center Buyer agrees to find a qualified Purchaser to purchase the Property by assumption of the Note on this Property. Ifa new qualified cei. is. buyer is not found rior to closing of the New Property, Home Trade Center Buyer ma lease/rent property until such time as the Note is assumed by r \o B. Home Trade Center Buyer will assume all responsibilities for mortgage payments and maintenance of the property until the Note is assumed by a new Purchaser, after the closing date of the Property, AUrChaser, aher the Closing date of the Property, - T ee Executed on the day and year first above written. phate Myr _ -SECLER a 6706 N, 9th Avenue . : Suite D-20 , x Pensacola, Florida 32504 SELLER Buyer's Address and Phone Number: _ WARES Ae Belk AS Nc chen Wola. L. Bas Bool, i Sco- Y&Y- OPdS Seller's Address and Phone Number: ADMINISTRATIVE COMPLAINT (AG ane ion i ; pee is fF Ieoa fs fi Ben 2.8 Warranty Deed to Trustee 0) Jy, 25 PHI: 96 Wea The Grantor(s) Steve & wife Aan BH the Coutity” 8 ve of Escambia and the State of Florida for and in consideration - $00 Dollars, and other good and valuable consideration in hand paid, conveys, grants, bargains, sells, aliens, remises, releases, confirms and warrants under provisions of Section Unto Home Trade Center, as Trustee and not personally under the provisions of trust agreement dated the 21 day of November ,1998, known as Trust Number 4813Birchwood, the following described real estate in the County of Escambia, State of Florida, to-wit: Lot: \a— Block; &. Together with all the tenements, hereditaments and appurtenances thereto, belonging or in anywise appertaining. To have and to hold the said premises in fee simple forever, with the appurtenances attached thereto upon the trust and for the uses and purposes herein and in said Trust Agreement set forth. _. Full power and authority granted to said Trustee, with _ respect to the said premises or any part of it, and at any time or "times, to subdivide said premises or any part thereof, to dedicate _ parks, streets, highways, or alleys and to vacate any subdivision Ot part thereof, and to resubdivide said property as often as a “desired, to contact to sell, to grant options to purchase, to sell on any terms, to convey either with or without consi deration, to i ADMINISTRATIVE COMPLAINT, EXHIBIT #9) Page for Yn 65 cer - donate, to Mortgage, pledge or otherwise encumber said, Property, or any Part thereof, to lease Said Property, or any part from time to time, in POSse€ssion or reversion by leases to OF periods of time and to renew or extend leases upon any terms and for any Period or periods of time, to renew or extend leases Upon any terms and for any period or periods of time, and to amend, change or modify and the terms and thereof at any time hereafter, to contract to make leases. and to Stant options to amount of future Tenters, to partition or exchange the said inquire into any terms if said trust agreement: and every deed, mortgage, lease, or other instrument executed by said trustee in Sp eepese oae a ee S ADMINISTRATIVE COMPLAINT EXHIGIT # PARE 2 of a . sf relation to Said real estate shall be conclusive evidence in favor of every person relying upon or Claiming under such in said trust agreement or in Some amendment thereof and - binding upon beneficiaries thereunder ang (c) that said Trustee Was duly authorized and empowered to execute and deliver * every such deed, trust deed, lease, Mortgage and other The Interest of each and every beneficiary hereunder and _ disposition Of said rea] estate, and such interest js hereby Proceeds thereof as aforesaid, spinel tbat nat ; ~ Said land and will defend the Same against the lawful claims of - . sco ll persons whomsoever, and that the saiq land is free of al] encumbrances, except taxes accruing subsequen ee gE COMPLAINT EXHIBIT 4 . - PAGE 2 os V. TA on HeHifent Ta Witness Whereof, the Said grantor has hereunto set their hands and seals this 2 “ day of Meo vembey 19 99) ~ State of Florida County of . , a . . I Hereby Certify that on this. day, before-me, an officer duly authorized in the State aforesaid to take acknowledgments, roe ey appeared alte be) [ Oo pe 1 Oez 2 UORWS. tom AWrer, Lerdecexecuted Witness my hand and official seal in the County and State last aforesaiq this 2 an day of MVE ween, 19 os . AOMINISTRAT ye COMPLAINT EXHIBIT # ROSE P. VILLARREAL . \ 1346 1250 DEVON DR PH. 960-8419 DATE I2Z21+ GS ; CORPUS CHRISTI, TX 78404 sa reeratea 07 237103 2 { ay Beast Home daksCo 350.0 4 Vales $ ESTE oars Sie CORPUS CHRISTI AREA TEACHERS FEDERAL } “y 4 CREDIT UNION . MEMO abba? . amen iaooe babe ve Oh APLAINT.

Docket for Case No: 01-002993PL