STATE OF FLORIDA > DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: wey , e FLORIDA REAL ESTATE COMMISSION cia < FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, j vee DIVISION OF REAL ESTATE, Ob — 4 & Y Petitioner, FDBPR Case N° 2001532101 2001532287 vs. BASIL S. YANAKAKIS AND HARVARD REALTY, INC., Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Basil S. Yanakakis and Harvard Realty, Inc. (“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 Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent Basil S. Yanakakis is and was at all times material hereto a licensed Florida real estate broker, issued license number 0391285 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker at Harvard Realty, Inc., 9130 S. Dadeland Blvd. #1613, Miami, Florida 33156. FDBPR vs Basil S. Yanakakis FDBPR Case N° 2001532101 Administrative Complaint 3. Respondent Harvard Realty, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 0235185 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 9130 S. Dadeland Blvd. #1613, Miami, Florida 33156. 4. Atall times material hereto, Respondent Basil S. Yanakakis was licensed and operating as qualifying broker and officer of Respondent Harvard Realty, Inc. 5. On or about April 6, 2001, Respondent, as seller, entered into a purchase and sale contract with a buyer for property commonly known as 9320 Gallardo Street, Coral Gables, Florida 33158. A copy of the contract is attached hereto and incorporated herein as Exhibit 1. 6. Pursuant to the terms of an addendum to the contract, Respondent designated Respondent Harvard Realty, Inc. as the escrow agent. A copy of the addendum is attached hereto and incorporated herein as Exhibit 2. 7. Respondent collected the escrow funds from the buyer and deposited them into an interest bearing escrow account of Harvard Realty, Inc. A copy of the checks and deposit receipts is attached hereto and incorporated herein as Exhibit 3. : 8. Respondent failed to inform the buyer that the earnest money deposit was held in an interest bearing account. 9. On or about December 13, 2001, Petitioner conducted an audit of Respondents’ escrow account. A copy of the audit form and supporting documents is attached hereto and incorporated FDBPR vs Basil S. Yanakakis FDBPR Case N® 2001532101 Administrative Complaint herein as Exhibit 4. 10. The audit revealed a total trust liability of $225,000.00 and a bank balance of $226,578.41 resulting in an overage of $1,578.41 in the sales account. 11. The audit also revealed that Respondent failed to perform the required monthly reconciliation statements. 12. Respondent explained the overage as accrued interest. COUNT I Based upon the foregoing, Respondent Basil S. Yanakakis is guilty of failure to prepare the required written monthly escrow statement-reconciliations in violation of Rule 61J2-14.012(2) and (3) of the Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT II Based upon the foregoing, Respondent Basil S. Yanakakis is guilty of having held funds in an interest bearing escrow account without the prior knowledge or consent of all parties in violation of Rule 61J2-14.014 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT II Based upon the foregoing, Respondent Basil S. Yanakakis is guilty of concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction FDBPR vs Basil S, Yanakakis FDBPR Case N° 2001532101 Administrative Complaint in violation of Section 475.25(1)(b), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Basil S. Yanakakis is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Rule 61J2-14.008(1)(c) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT V Based upon the foregoing, Respondent Harvard Realty, Inc. is guilty of failure to prepare the required written monthly escrow statement-reconciliations in violation of Rule 61J2-14.012(2) and (3) of the Florida Administrative Code and is, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT VI Based upon the foregoing, Respondent Harvard Realty, Inc. is guilty of having held funds in an interest bearing escrow account without the prior knowledge or consent of all parties in violation of Rule 61J2-14.014 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT VII Based upon the foregoing, Respondent Harvard Realty, Inc. is guilty of concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction FDBPR vs Basil S. Yanakakis FDBPR Case N° 2001532101 Administrative Complaint in violation of Section 475.25(1)(b), Florida Statutes. COUNT VIII Based upon the foregoing, Respondent Harvard Realty, Inc. is guilty of depositing or intermingling personal funds with funds being held in escrow or trust or on condition in violation of Rule 61J2-14.008(1)(c) of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine 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. (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 FDBPR vs Basil S. Yanakakis FDBPR Case N° 2001532101 Administrative Complaint 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. SIGNED this Xl dayof__ Fe & , 2002. nt of Business and Professional Regulation By: . TELE. Director, Division of Real Estate Dupertreent of Professional Rerulatiort Disiston of Real Ustate ATTORNEY FOR PETITIONER Date . sah Rania A. Soliman : Florida Bar N° 0105376 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 FDBPR vs Basil S, Yanakakis PDBPR Case N° 2001532101 Administrative Complaint RAS/k PCP: CV/JR 2/19/02 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 receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. woe wives wee oeee Residential Sale and Purchase Contract FLORIDA ASSCCIATICN OF REALTORS® . x. 1. SALE AND PURCHASE: - —- Basil S & Nancy Yagakadds, .- CSetler’) and, . _ Mauricio & Carina Meneses. a _- ("Suyer agree to sell and uy on the terms and conditions sgecified below the propery ‘described as’ Actress: 9320 Gallarde St, Coral Games, FL 33156-2262 - v —_ os ~—. eee eee ee - : __.. County: Cade 2 ee Legal Cescription: Ofd Cuter Say Sec) PB 34: Tibet 4 Blk 1 - ve eee Lene .. a Tax 1D No: 03-51-05-007-0010 =... together with ail improvements ard attached items, inc'uding fixtures, built-in furnishings, Dulltin appliances, ceding fans, light fixtures, attached waltto-wall carpeting, sods, draperies and cther uandow coverings The only other items inciuded in the purchase are... .—_. —— + + wee -- =. The following attached Xems are excluded from the purchase... vee . L. ee ee The teal and personal property described goove a8 includad in the purenase is cefemed to as (he Property.” Personal property ngtad in this Contract is included in the purchase price, has no contributery value and ‘s being left for Seller's convenience. PRICE AND FINANCING 2. PURCHASE PRICE: 3. ____2,200,900.00 payable by Buyer in U.S. currency as follows: (a)3 02. 2. 5200.00 Deposit received (checks are subject to clearance) _ _ Aad th... AOD. by for Wimbish Ritwway Realtors. /Escrow Agent*} Signature _Name of Company y OTP fy Sa (b)S 110,000.00 Additional deposit to be made by Api gah Tf, 2001 of days from Effective Date. “ SN (ce) 2. eee ee Total Financing (see Paragraph 3 betow) (express as a dolla¢ amount or percentage) (a) $ . 110,000.00 Cther: Adtitional denosit tebe made by May 26th, 2902... --- -——-—- -—~ — (a)$ 1,975,000,00 Balance to ciese (not including Buyer's closing costs. prepaid items and prorations). Aa funds paid at closing must be paid by locally drawn cashier's check, official bank check or wired funds. 3. FINANCING; (Check as appiicable) 2 (a) Buyer will pay cash for the Property with no financing contingency 1° (b) Tus Contractis contingant on Buyer qualifying and obtaining (1) and /or (2) below (the “Financing") by” . a. _ if left blank then Closing Oate or within 30 days from Effective Date, wrichever occurs first) (Financing Period”): 1 (1) A commitment for new ] conventional 7] FHA TVA financing for $ ot °% of the purchase price (plus any applicable PMI, MIP, VA funcing fee) at the prevailing interest rate and lean costs (if FHA or VA, see attached addendum). 7! (2) Approval for Seliec financing or assumption of mortgage (see attached addendum). Buyer will apply for Financingwithin _. ... days from Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial and other information required by the lender. Either party may cancel this Contract if (i) Buyer, after using diligence and good faith, cannot obtain the Financing within the Financing Period or cannot meet the terms of the commitment ty the Closing Onte, or (Ii) the Financing is denied because the Properly appraises below the purchase price and either Buyer etects not to praceed of the parties are unatie to tenegatiate the purchase price. Upon cancellation, Buyer will retum ail Seller-provided title evidence, surveys and association documents and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization fram all interested parties. CA M { CLOSING qe Bayt 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on Si oaps fe attache . date, (Closing Qate"), unless extended by other pravisions af this Contract. The Property will te swept clean and Seller's personal items removed on or before Closing Oate, fon Closing Date insurance underwriting is suspended, Buyer may postpene chasing upto Sdays after the insurance suspenion is lied, 5. CLOSING PROCEDURE; COSTS: Closing will take piace inthe county where the Property ig located and may be conducted by electronic means. if tite insurance insures Buyer for title defects arising between the title binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds lo Seller and brokerage fees to Bréker as per Paragraph 419. In addition to other expenses provided in this Contract, Selfer and Buyer will pay the costs indicated below. {a) Seller Costs: Sellarwil pay taxes and surtaxes on the deed and recording fees for documents needed to cure tite; certified, confirmed and ratified special assessment liens and, if an improvement is substantiaity completed as of Effective Cate, an amount equal ta the last estimate of the assessment; up to, .. .. % (1.5% if left blank) of the purchase price for repairs to warranteditems ("Repair Limit’); and up to _ ___ % (1.5% if left blank) of the purchase price for woad-destroying organism treatment and repairs (“Tennite Repair Lisp): Other: -. - Ay . . Buyer ¢ ) and Seller ( } v y¢ ! dp seroma receipt of a copy of this page, which is Page 1 of & Pages. FAR-6 Rev. 1000 ©2000 Florida Association o REALTORS® All Rights Reserved This form is icensed for use wih Foenvetasnar® Forms Sotterare v3.0 900-386-4027 AU intent Ce: Eeiotew same ren mine $f Pa-ae INISTRATIVE COMPLAINT ExHieiT ie | ; PAGE | of _& _ wi ; - exnipit____— PAGE ___- 102 103 104 105 106 107 108 109 140 Wt 112 113 ciding ‘ees on the ceac and frarcing inspections; survey, flood ‘surance, ib} Buyer Costs: Buyer «il say faxes and cacoraing faes on Actes and -Tocgages. ¢ staiemems; ‘can expenses: pending special asseesmen jens; enders tite police Ciher: . . - _——_. - -. ea: a {c) Title Evidence and insurance: Check (1) ar (2): . _ . (4) Seiler will prowde aParagrach 10(a41) caner's {ie insurance commitment 3s title evidence. 7] Seiler > Suyer wilt select the tite agent. Seller ~ Buyer wi pay fot the cwner's title oclicy. search, examination and related charges Each party ‘will pay its cwn closing fees X (2} Sellar will provide title evoence as specified in Paragraph 10(a}(Z). & Seiter SM Buyer wi pay for the owner's tte policy ana select the title agent. Seller wil pay ‘ees for tila searches prior to closing, including tax search and lien 3earch fees, and Buyer will pay fees for tite searches after closing [if any), title examination fees and cicsing fees. (a) Prorations: The fallowing tems wil be made currert “if appiicable) and prorated as of the day before Ciosing Date: rea: estate taxes, interest, bonds, assessments. association fees, insurance, rents and other current expenses and revenues ef the Property. if taxes and assessments fer the current year cannot be determined, the previous year's rates wil De used wih adjustment for exemptions and imorevements. Guyer is responsible for property tax increases due to change in ownership, (e) Tax Withholding: Buyer and Sellar wil comply with the Foreign Investmnent:n Real Progerty Tax Act, which may require Saller to provide additional cash at closing if Sellar is a “foreign person” as defined by federal ‘aw. (f) Home Warranty: — Buyer {Soller {> NIA wil pay for ahomewarrarty planissuedby ... . 0 | .—_____ ata cost nottoexceedS____... AHome warranty clan prevides for repair cr replacement of many of ahcme's mect nical systems and major buit-in appliances in the event of breakdown cue to ceormat wear and tear during the agreement pencd. PROPERTY CONDITION 8. INSPECTION PERIOOS: Buyer will complete the inspections referenced in Paragraphs 7 and 8(a) (2)by .. .Apal2am ._. 2001 (within 10 days from Effective Date if fe blank) (‘inspection Period”); the wood-destroying organism inspection cy . cae ene. _. . . -. (prlor to closing, # left blank); and the waik-tnreugn inspection cn the day before Closing Cate cr any other time agreeable to the parties. 7. REAL PROPERTY DISCLOSURE: Seller raprasents that Selter does not know cf any facts that materially affect the valve of the Property, including violatiena of governmental laws, rules acd regulations, other than these that Buyer canreadily cbsetve or that are known by or have been disclosed ta Buyer. (a) Energy Efficiency: Buyer acknowledges receipt of the Florida Suilcing Energy-Elficiency Rating System brochure. if this is a new home, the builder's FL-EPL card is attached as an addendum ‘ (b) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present Neamn risks to persons who are expased to it aver time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radan and radeon testing may be cbtained from your county public neaith unit. Buyer may, within the Inspection Period, have an appropriately ticensad person test the Property for radon, If Ihe radon level exceeds acceplable EPA standards, Seller may choose to reduce tre sadon level to an acceptable EPA tevel, failing which either party may cancel this Contract (c) Flood Zone: Buyor is advised to verify by survey, wah the lender and with aperopriate government agencies which flood zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and rebuilding inthe event of casuatty. ifthe Property is ina Special Flood Hazard Area or Coastal High Hazard Areaand the buildings are built belewthe minimum flood elevation, Buyer may cancel this Contract by delivering written notice to Seller within 20 days from Etfective Date, failing which Buyer accepts the existing elevation of the buildings and zone designation of the Property. (d) Homeowners’ Association: i membership in a homeowners’ association is mandatory, an association disciosure summary is attached and incorporated into ths Cortract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. \ 8. MAINTENANCE, INSPECTIONS AND REPAIR: Sellar will keep the Property in the same condition from Effective Date until closing, except for normal wear and tear (‘maintenance requirement’) and repairs required by this Cantract. Seller wil provide access and ublities for Buyer's inspections. Buyer will repalr all damages to the Property resulting from the inspections and return the Property to its pre-inspection condition. If Sellar is unable to complete required repairs of treatments pricr to closing, Seiler will give Buyer a credit at closing for the cost ofthe repairs Seller was obligated (a make. Seller will assign all assignabie repair and treatment contracts to Buyer at closing. (a) Warranty, Inspections and Repair: (1) Warranty: Seller warrants that nonteased major appliances and heating, cooling, mechanical. electrical, security. sprinkler, septic and plumbing systems, seswall, dock and pool equipment, if any, are and wil be maintained in working condition untd closing; that the structures (including raofs) and pocl, if any, are structurally sound and watertight; and that any cpen permits for the Property have been closed out and final inspections will be obtained before the Closing Date. Seller does not warrant and is not required to repair cosmetic conditions, unless the cosmetic candition resulted from a defect in a warranted item. Seller is not obligated to bring any item inta compliance with existing building code regulations unless necessary to repair a warranted item, "Working condition” means operating in the manner in which the em was, igned to operate and “cosmetic conditions” means aesthetic Imperfections ttrat do not affect the a Z 114° Buyer GE 4 Bi. and Saller ( dC ) acknowledge receipt of a copy of ths page, which is Page 2 of 6 Pages. ev. ADCO FAR-6 R a Florida Association of REALTORS® = All Rights Resarved Thea form es licensed for use with Fowwvasartiar® Forms Software v3.0 800~336-1027 u ints Aine Cottare Rew OA 2HaEt EMEA VE COMPLAINT. ADIN Exegir 4__| ‘ PAGE 2 or _& 5 “WEEKIDG C: 7 5 roam screens: fogged wircows; tears, warn accta and diecceration cf focr coverings/wailpapers/vancow ‘eat we null Auies, sersicnes, cewts, scrapes. chips and cauikung in Sathrown cauling/walls/ficoring/tile/tixtures. mufrers, and 18 miter cracks in floor tiesAmncews/driveway s/sidewalks/pccl decks/garage arc patic fcors. 9 {2} Profeasional Inspection: Buyer may Nave warrarted dems inspected by a person who specializes in ard heids an 120 occupational license (if required by ‘aw} to concuct heme inspections or ‘ato heids a Florida license to repair ard maantain 124 tha items inspected (‘prefessicnal inspector’). Buyer must, within 5 days from ihe end of the inspection Pericd, deliver 122 -‘aritten notice of any tems that are not in the conation warranted and a copy of ihe inspecicr's written report, if ary, to 123 Sellar. Bayar fails to deliver timety written notice, Buyer waives Seller's warranty and acccpis the items listed in 124 svogaragraph {a} in theic “as .s” conditions, except that Seller must meet the maintenance requirement, 125 G) Repair: Seiier is abiugated only to maka repairs necessary to oring warranted items into the condition warranted, up 125 to the Repair Limit. Salter may, within 5 days from receipt of Buyer's nctice of items that are rot in the condition 427 warranted, have a second inspection made by a professional inspecter and -mill report repair estimates to Buyer. if the 123 first and second inspecticn reports differ and the parties cannot resolve the differences, Buyer and Seller together wit 42 shoose and equally spit the cost of, a third inspector, whose written report will be binding cn the parties. if the cost ‘o 130 repair warranted items equals or is lesa than the Repair Limit, Seller ‘all have tha capairs made in a workmariike manner 43 by an appropriately licensed perscn. #f the cost to recair warranted items exceeds the Repair Limit, either oarty may 322 cancel this Contract uniess either carly pays the excess or Buyar designates which reoairs to make at a total cost to 133 Seller nct exceeding the Repair Limit and accepts the balance of the Property in its “as is" condition. 144 (b} Wood-Cestroying Organisms: "Wood-destroy ing organsm” means arthropod or plant life, including termites, powder-post 135 beeties. cidhouse borers and wood-decaying fungi. that damages or infests seasoned wood ina structure, excluding fences. 136 Buyer may, at Buyer's expense and price to ciesing, have the Property inspected by a Fleridaticersed pest contro susiness {0 437 determine the existence of past or present wood-desiroying organism infestaticn and damage caused by infestation. if the 428 inspector finds evidence of irfestatian or damage, Buyer will deliver a copy of the inspector's written report to Sellerwathin 139 day 3 from the date of the inspection. SeHeris not obligated to [reat the Property if all of the following apply (i) there is no visible live, 14Q infestation, (i) the Property has previously been treated, and (iti) Seller transfers a current futt Lreatrnent warranty to Buyer at 141 ciesing. Ctherwise, Selier will have 5 cays from seceiot of tne inspector's report lo nave feperted damage estimated by a 142 licensed building or general contractor and corrective Ueatment estimated by alicensed pest control business Seiler wil have 443 *reatments and repairs made by an appropriately licensed person at Seller's expense upte the Termite Repair Limit # the cast 144 totreat and repair the Property exceeds the Termite Repair Limi, efther party may pay the excess, failing which esther party may 145 cancel this Contract. If Buyer fails to timely deliver the inspector's written report, Buyer accaris the Property “as is” with regard 146 to woad-deatroying organism infestation and damage, subject to the maintenance requirement. 147 {c) Walk-through Inspection: Buyer may waik through the Property solely to verify that Salles has made repairs required 148 by this Contract and has met contractual obligations. No other issues may be raised as a result of the walk-through 149 inspection. if Buyer fails to conduct this inspection, Seller's repair and mainienance oaligations will be deemed fuifled. 150 9. RISK OF LOSS: If any portion of the Property is damaged by fire or other casualty betore closing and.can be restored within 151 45 gays from the Closing Date to substantially the same condition as it was on Effective Date, Seilerwal, at Seller's expense, 152 restore the Property and the Clesing Cate will te extended accordingly. the restoration cannct be completed in time, Buyer 153 may accept the Property “as is" with Seifer assigning the insurance proceeds for the Property to Buyer at closing, failing which 154 either party may cancel this Contract. 185 TITLE 156 10. TITLE: Seller wil convey marketable titleto the Property by statutory warranty deed ar trustee, personal fepresentatrve or 157 guardian deed as appropriate to Seller's status. 158 (a) Tite Evidence: Titla evidence will show legal access to the Property and marketable titte of record in Seder in accordance with 159 currenttitle standards adopted by the Fiorkda Bar, subject only to the following litle exceptions, none of which prevent residential 160 use of the Property: covenants, easements and restrictions of record; matters of plat: existing zoning and government 16% regulations: oil, gas and minerat rights of recordif thereis no right of entry; current taxes; mortgages that Buyer mk assume; and 162 ancumbrances that Seller will discharge at or before closing, Seller will, priorta closing, deliver to Buyer Sellers choice of one of 163 the follcwing types of title evidence, which must be generally accepted in the county where the Property is located (specify in 164 Paragraph S{c) the selected type). Sallar will use option (1) m Palm Beach County and option (2) in Miami-Cade County, 165 (1) A titla Insurance commitment issued by a Floridadicerced title insurer in the amount of the purchase price and 166 subject only to tittle exceptions set forthrin this Contract. 167 (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be 168 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 169 Property recorded in the public records of the county where the Property is located and certified to EHective Date. 170 However, It such an abstract is not available to Seiler, then a priors owner's title policy acceptable to the proposed 71 insurer aa a base for reissuance of coverage. Seller wil pay for copies of all palicy exceptions and an update in a format 172 acceptable to Buyer's closing agert from the policy effective date and certified to Buyer or Buyer's closing agent, 173 together with copies of all documents recited tn the prior policy and in the update. if a prior policy ig not avaitabie to 474 Seliar then (1) above will be the title evivence. Titte evidence will be delivered no later than 10 days before Closing Date. 175 (b) Title Examination: Buyerwill examine the litle evidence and detiver written notice to Seller, within S.days from receipt of 176 title e out no later than closing, of any cefects that make the titte unmarketable. Seller will have JO days from pa : 177" Buyer(Z if Tes and Salier yt ) acknowledge receipt of a copy of this page, which is Page 3 of 6 Pages. FAR-6 Rev. 1400 © Florida Aaaociation of REALTCRS® All Rights Raserved M f ie This form is licensed for use with Fearvrnstetioe Forms Software v3.0 900-356-1027 Dread Ma Eeitay beng Ne sfraay IVE COMPLAINT. PRAT ure the tefec:s at Seilar’s expanse. f Salier cures ine defects wimn tne Curative Pence. Seller will denver wrmes onc Buyer and ‘he parses wilciese the transaction on Ciosirg Cata or within 10 cays ‘rom Suyer's recent of Sallec’s active I Ciusing Dara has passed. if Sailer is unatve to cure the defects within the Curative Peried, Saller will detiver written: nctice to Buyer and Buyer walt, within t0 days ‘rom recept of Seller's notice, either cancel this Contract cr aczect title mth existing defects and clese the transacticn. (c}] Survey: Buyer may, prict to Cicsing Cate and at Suyer’s expense, Nave the Property surveyed and detiver ‘smitten sctic? to Sekar, within Scays fram ecesct of survey CuI No laters thanclasing. of any encroachments on the Property. encrtachments oye Prooerty's imarcvements cn cineriands or deed restriction arzoning ‘aolations. Any such ancroachment ce vaciation wil Se trealed ‘athe aame manner as atitle defect and Buyer's and Seller's cbligations will be determined in acccrdanca mth sLdparagraon {b) ‘above. If any partot the Proterty ‘ies seaward cf lhe coastal construction contra line, Sellerwil provide Buyer with an affidawt or survey 35 fequired by law deiireating the :ine’s lecaticn on the orocerty, unless Buyer warves this requacement in writieg. t of Buyer's ~otic2 ct defects (Curative Perica’) ‘2 MISCELLANEOUS 41. EFFECTIVE DATE: TIME. The “Effective Date" cf this Contracts the date on which the last of the parties initials cr signs the latast offer. Time is of the essence forall provisions of this Contract. All time periods mill be computed in business days ‘a “business day” is every calendar day except Saturday, Sunday ard national fegal helidays). f any deacline falls on a Saturcay, Sunday cr naticnal legat holiday, performance ‘mil be due the next business day. Ail time cericds ‘mill end at 5.60 p.m. local time (meaning in the county «where the Property ‘a located) of the acpropriate day. 42. NOTICES: Altnotices mil 5¢ made tothe parties anc Broker Sy mail, personal delivery or electronic mecia. Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will rander that contingancy null and void and the Contract will be construed a3 if the contingency did nat exist. 43. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage agresmants, no prororpreseat agraements will bind Buyer, Seller or Broker unless incorporated into this Contract. Modifications af this Contract ‘will net be binding uniess {n writing, signed and deilvered by the pary ‘0 be sound. Signatures, initials, documents referencedin this Contract, counterparts and written Modifications communicated electronically or on saper wilt be acceptable for all purpeses, inciuding dejivery, and wall be bincing., Handwritten or typewritten terms inserted nor attached to this Contract prevail over preprinted terms. if any orcvision of this Contract is or Decomes invalid or unenforceanie, at} remaining provisions will continue to be fully effective, Ts Contract wall not be recordad in any public records 44, ASSIGNABILITY; PERSONS BOUNO: Buyer may not assign this Contract withoet Seller's written consent. The terms Buyer,” “Seller,” and “Groker” may de singular or plural. This Contract is binding on the heirs, admimstrators, executors, personal representatives and assigns (if permittea) of Buyer, Seller and Broker. OEFAULT AND CISPUTE RESOLUTION . 18. DEFAULT: (a) Seller Default: If for any reason other than failureof Saitarto make Salter's tive marketatie atter diligent effort, Sa ties fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without waiving the right o seek damages or ta seek specific performance as per Paragraph 18. Sellar wil aso be nadie to Broker fcr the full amount of the brokerage fee. {b) Buyer Default: If Buyer fails to perform this Contract within the time specified, inchuding timely payment of alt deposits, Sellar may choose ta retain and collect ail deposits paid and agreed lo be paxd as liquidated damages of to seek specific performance as per Paragraph 16; and Orcker wil, upon demand, receive 50% of all deposits paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee. =~ 16. IRSPUTE RESOLUTION: This Contract wii be construed under Florida law. All controversies, claims and other matters in question arising out of of relating to this transaction or this Contract or its breach will be settled as follows: {a} Kigputes concerning antitiament to deposits made and agreed to ha made: Buyer and Seiler will have 30 days from the date confiicting demands are mada to attempt to resolve the dispute through mediation. if that fails, Escrow Agent wail submit the dispute, if so required by Ficrida law, to Escrcw Agent's choice of artntration, a Florida court or the Florida Real Estate Cammission. Buyar and Seller wil be bound by any resulting settlement or order, (D) All other disputes: Buyer and Saifar will have 30 days (rom the date a dispute arises between them (o attempt to resolve the matter througn mediation, fating wach the parties will resolve the dispute trough neutral binding arbltradon in the county where the Property is located. The arbitrator may not aker the Contract terms or award any remedy fot provided for in this Contract. The award will be based on the greater weight of the evidence and wil state findings of fact and the contractual authority on which it is based. if the parties agree to use discovery, it will be in accordance wih the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related disputes. Any disputes with a real estate licensee named in Paragraph 19 will be submitted to arbitration only if the licensee's broker consents in writing ta become 2 party to the proceeding. This clause wil survive closing. - {c) Mediation and Arbitration; Expenses: "Mediation" is a process in wtwch parties attempt to resolve a dispute by submitting it to an impartial mediator who facilitates the resolution of the dispute bul who is not empowered to impose a settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association CAAA”) or other mediator agreed on by the parties. The parties will equally divide the mediation fee, 4 any. “Arbitration” is a process in which the parties rescive a dispute by a hearing before a neutral person who decides the matter and whose decision is binding on the parties. Arbitration wil be in accordance with the cules of the AAA or other arbitrator agreed an by the Or fs 236° Buyer(e) ? Ly and Seiler ) ) acknewedge receipt of a cogy af this page. which 3 Page 4 of & Pages. FAR-6 Rev 1000 ©: Florida Association of REALTORS® — All Rights Reserved This torm is licensed far use wih Fownestertiow® Forme Sattware v3.0 800-336-1027 Meat Ms Ericee arth AG PME TOD AT nay ADMINISTRATIVE COMPLAINT, ! “fal 273 274 parties Zacn cary to any aroitration wil day ‘ts own ‘ees, 2o9t3 ard exserses. RoUcing atcrneys’ fees, arc mil equally Spht the arcitratérs' fecs and administrative ‘aes of arbitration. ESCROW AGENT AND BROKER . 17. ESCRCW AGENT: Buyer and Seilerauthorizs SscrowAgent toreceme, deposit ang held furds and other items in ascrowand, subyect to clearance, disturse them upon proper authorization ard in accardarce with the terms of this Contract, inctuding disbursing broxaage fees. The parties see that Escrcw. gent wal nat be liable to any serson for misdelivery of escrowed items to Buyoror Seiler. uriess the miscelvery is due to EscrowAgent's waliful breach of this Contract or gross negligence. if EscrowAcent interpleads the sutect matter cf the escrow, Escrow Agert -will pay the filing fees and costs from the deoosit and wil! recover teasonable attorneys’ fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court costs in favor of the orevaiting party. All claims against Escrow Agent will be arbitrated, so long as Escraw Agent consents to arbitrate. 18. PROFESSICNAL ADVICE; BROKER LIABILITY: Sroker advises Buyer and Sellerto verify ail facts and representations {hat are important to them and to consult an appropriate professional for legat advice (for example, imterprating contracts, determining the effec: of laws on the Property and transaction, status of title, foregn investor reporting requirements, etc.) and for tax, property condition, envirenmental and cther specialized advice. Buyer acknowledges that Brcker dees not reside in the Procerty and that all representations (oral, wntten or othenwise) by Srcker are Sased on Se®er representations or public racams uniess Sreker indicatas personal verification of the representation. Buyer agrees to rely solely on Seller, professional inspectors and governmental agencies for verification of tha Property condition, square footage and facts that materially affect Property value. Suyer and Setter raspectivaly will pay a!) cosis and expenses, including reasonable attomeys’ fees at all levais, incuired by Broker and Broker's officers, directors, agents and employaes in connection with or arising from Buyer's of Seffer's misstatement or Failure ta perform contractual obligations. Buyer and Seller hokt harmiess and release Broker and Sroker's officers, rectors, agents and employees from ail liability for loss or damage based on (1) Buyer's or Seller's misstatement cr failure to pertorm contractual obligations: (2) Broker's pertormance, at Buyer's and /or Seller's request, of any task beyond the scope of sernces reguiated by Crapter 475, F.S., as amended, including Broker's referral, recommendation or retention of any vendor: (3) predusts or Services provided by any vencor, and (4) expenses incurredby any vendor Buyer and Seiler each assume full responsibility for selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this paragraph, Sroker wilt be treated as a party to this Comract. This paragraph will survive closing. 19. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as “Broker”. Seller and Buyer acknowledge that the brakerage(s) named below are the procuring causa of this transaction. Instruction to Closing Agent: Saller and Buyer direct closing agert to disburse at closing the full amount of the brokerage fees as specified in separate brokerage agreements wih the parties and cooperative agreements between the brokers, unless Broker has retained sucn fees from the escrowed funds. in the absence ot such brokerage agreements, closing agent will disburse brokerage tees as indicated below. Judy Zeder . __ Rem Estore Licance 4 Polls Associams. ioc __. 87 ose0 age /Br0a41 190 (aw (Lor Mat Ourchara Oricey ee ty 5; po a Real Sxtate centoe Kimbish Ritgway Reattors a tee: (20 NOt Parehase Pr lao} ka He, as oe eM Eas te hte o2 bg S ADOENDA/AND ADDITIONAL T TERMS fs T~ 20. ADDENDA: The following additionat terms are included in addenda and MS at inta this [32 275° (> A. Condo. Assn. C] G. NewMort. Rates i> M. Housing Older Persons c S. Sale of Suyer’s Property 276 277° 278° : 279° 280° 281° 282° 283° 284" 286° 286° 287° 288" 289° 250". 2gi° This form +6 licensed ‘or use with Famnmmutetos” Forns f B.Homecwners' Assn. < H. Asis WRight to Inspect = N, Unimproved/Ag. Prop. & T. Rezoning UC. Seller Financing Ty | Self-inspections 7 ©, Interest-Bearing Account |} U. Assignment | Q. Mort. Assumption 2 J. Ingutation Disclosure OP Back-upContract. 12 V. Prop. Disctosure Stmt. DE. FHA Financing 1) K. Pre-1978 Housing Stmt.(L8P) 7 Q. Broker-Pers. fat. in Prop. = Other ee nee “) F.VA Financing CL Flood insurance Reqd. i R Rentats i Other 21, ADDITIONAL TERMS: Buyer( and Seller, Vf acknowledge receipt of a copy of this page, which ia Page S of 6 Pages. FAR-6 Rev. 10/00 oY Florida Associati SD All Rights Reserved MVE COMPLAINT ee re V5.0 600-336-{02T . jl Apr O6 Ci 1C:4i1a $ : ; : Sagey Fa ace 7+gaa9 pourra ae 317. Thisisintendedtobea legally binding contract. \f not fully understood, aeakthe advice of anattomey prior ta signing. 318 OFFER AND ACCEPTANCE 319° {Check if applicable. ‘> Buyer received a written real property disclosure statement from Seller pefore making this Offer.) 320 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Saller and acapy 321° delivered to Buyer no laters than __5:0@._. Cla.m SMp.mon . | ROL, this offer will be revoked 322 and Buyer's deposit refunded subject to ance of 323° Date: Agrit 62001... Buyer: Tax 1O/SSN: oe 324° Print name/ ' Merrie 325° Date: AadLssh, 200t,__ Buyer: te jab Tax IOISSN: .. ———- —-—— — 326° Print name: Cadna Meneses. —-—.. — — = 327° Phone: --—. Address: 406 Brickell Ave. # 204 Ce TT 328° Fax: Mino, ALITI1.. .. eee ee ee TT 329° Date: _ Seller: “Fe F ; ‘ax WO/SSN: 330° Print nama: ft . . 331° Date; selter/ A f Tax IO/SSN: -§ —_ ~.__- — 332° Print name: Nags wahakiz__.’/ 433° Phone uw. =. Address: 9220 Galindo St a ee ee ee 3347 Faxt ee me Cart Gables, ALIMS6 ne ee ee o 335° () Setar counters Buyer's offer (to accapt the counter offer, Buyer must sign of inital tne counter atterad tarms and deliver a copy 336° of the acceptance to Seller by $00 p.m.on __..). (Seber rejacts Buyer's offer. The date on which the last party signedor mitisied scceptance of the finaloffer.) _—— t 337° 33a" Buyer (MALCOM) and Setter 2956694138 NO. 960 : PHONE NO. : 3056657499 ape. 16 2801 B3:59eM P2 eh ases 66 kk WWIB2 ITE Fie at Harvard Raaky, Inc. ee ec atene oe re id ~ ‘elmcrene, XM 87-205 7 120 &, Dewetgn ed Died, Bige FORT 7407 tue ed Neary, Py SOF Aprit 18, 2001 ” Dalivered Via Facsimile 305-341-2988 Yo ‘Wimoiah Ritsway Realiors Attn, Gina Ra: Eactow Agent for Sele ard Purctiase Contant sa erty: 8920 Gallerao &. Carai Gablea, FL 331 COMPLAINT” Deor Sirs. ee \ Planse bo advieds that Harvard Realty, inc. tit De tha aucrow agent for H—ihe- i 44 of the hove capiionsd praparty. Planes sand tha inital deaoait of $5,000.00 previcuely paid te Wimbtah Riteway Raaltere on Apa , 2001, by Mauricio end Carina Mareeau, ne Guyers. to Harvard Realty, (nc. at “4 _ the abave edidrasd ge soon ae possble. Harwaed Realty, inc, es uecrow ag8ct- LZ / aa) holed aff subsequent additional caposite. EXHIBIT —_ PAGE __<% 4 GOS HARVARD REALTY INC. 09-10-96 = CASH , Trust Account dist Checks g . § TAL SamoTkc Fa VERE = PERT TT sus tora, > - Al, 3 iL ‘ iw LESS CASH 3B SunTrust Benk, Miami, N.A. RECEIVED Miami, Ft, (308) 591-6000 $ $200,099 HOGEQOQOBOLNOBO 20010337h2" O SMESKS AND CTMES ITEMS ARE AECEVEC FOR SEAOSIT SUBLECT "OTHE PAQVISIONS OF THE INFRA COMMERCIAL CODE AND ANY APRL.CAQLE COLLECTION AGAEE MENT MARLANE 3905 Alton Road CITY NATIONAL BANK i AARAADE Miami Beach OF FLORIDA Florida 33140 MIAMI, FLORIDA 33130 , 63-436-660 04/26/2001 Exclusioa Affitiate of Sotheby's Qaternational Realty “PAY TO THE : : " Orpenor HARVARD REALTY, INC. $7°5;000.00 Five Thousand and 00/100**#rstseeseresererersvecssecnruensetarenerssesssensesorencesennrseucessestseneneratavonsasesecorscuratentessse DOLLAE ESCROW ACCOUNT MEMO TRANSFER ESCROW AGENT ” wOQOe?7E ti NOBBOOLIG 7: 47593208 ne eee nent eet eee taneeenenitent op WIMBISH RITEWAY REALTORS - ESCROW HARVARD REALTY, INC. 04/26/2001 2767 COMM-408-MISC/MENESES > 5,000.00 SUNTRUST SunTrust Bank, Miami . ADMINISTRATIVE COMPLAINT i20 ; BDA CHECK DEPOSIT ¥ niece 9802001033762 Bus. Date lMay2001 aN EXHIES > 2 1 54 TRL OR PAGE ] GF lo O792081701 UFRGZ9 15 35000,00 TOTAL Transaction Bate: IMay2001 9134246 5,000.00 Ceposits are accepted subject to subsequent verification by the bank and subject to the terms as stated on deposit tickets current! furnished by the bank to its depositors. Deposits mayne be availabie for immediate withdrawal. $100 of the total deposits made on 4 business Bee may be available for withdrawat’on the lowing business day. Member FDIC. SK EXHIBIT bo _mee SuNTRUST SunTrust Bank, Miami HECK DEPOSIT # JECLGG 1079702 Fus. Tate thay20dl Ax i ho fang f= S Far] uo $5000.00 TOTAL IMay2001 996546 Deposits are accepted subject to Subsequent verification by the bank and subject to the terms as stated on deposit tickets currently furnished by the bank to its depositors Deposits may not be available for immediate withdrawat. $100 of the total deposits made on a business day may be available for withdrawal on the following business day. Member FDIC, : 2 2767 3905 Alton Road CITY NATIONAL BANK Miami Beach OF FLORIDA 1, FLORIDA 33130 Florida 33140 MIAMI ROA 04/26/2001 Exclusioe Affiliate of Sotheby's Pniernational Realty “PAY TO THE **5-000.00 PAY TOTHE HARVARD REALTY, INC. $ Five Thousand and 00/i00™*rtttststesemestneatnnenentstnrnesenintntnientctetinieteninenevenetstveiitt Gola ESCROW ACCOUNT MEMO TRANSFER ESCROW AGENT io wOOe2?h 7" NOBEOOW3IER Tt 1753208 VIMBISH RITEWAY REALTORS - ESCROW 3767 HARVARD REALTY, INC. 04/26/2001 COMM-408-MISC/MENESES 5,000.00 ADMINISTRATIVE COMPLAINT EXHISiT # PAGE _@ oF an 5,000.00 ESCROWWR-CITY NAT TRANSFER ESCROW AGENT EG a. woe Se ee teen ane ann BONAVENTURE ~~ lssuod by Purcrasana EL! C { Pay to Date JUN 12,200] ihe order of gw, he RAN , HARVARD REALTY ESCROW ACC Tattresevteeeeeravepeesesogeaga $ reeesesl 10,000.00 Dollars de Authorized Signature Issued by tntagrated Payment Systems Inc., Englawood, Colorado » KeySank Nationa: Assocation, Oenver, Colorado "sOOGGT kM 1402003918 BEOOO 223464280" THE VARIABLE TONE BACKGROUND AREA OF THISDOCUMENT CHANGES COLOR GRADUALLY AND SMOOTHLY FROM OARKER TONES AT BOTH TOP AND BOTTOM TO THE LIGHTEST TONE IN THE MIDDLE, HARVARD REALTY INC. 09-10-96 LJ CASH , Trust Account _ jt] 0 000,90 List \ Checks -————— ‘ oare efi 2001 Singly . x ora G Meas SHIGTA FROM Or vEaR = PRAM Te ee ERT Te a LOTS mt SUBTOTAL & = 5 LESS CASH = Suntrust Bank, Miami, N.A, Q REceweo ” . Miemi, FL (305) 591-6000 - $ |} |0000 00 NOGBEQOOBOLIOEO 20010339762" O - AEE AND CTE ITEMS ABE AC COIVEG FOR OEM OUIE SHB ULE TO THE PROVIEIONS OF THE LATE COMMCMGIA, COLL AND ALLY APIA GADEE UEEEE Ee SUNTRUST SunTrust Bank, Miami cree “ADEN STR ATIVE COMPLAINT : is =) el posits are accepted subj i nen YE nished by the pees ject to subsequent verification by the bank and subject to the terms as stated On deposit tickets current u to its depositors. Deposits may nat be it i snes 2 be available for immediat v4 ai ror b@ available tor withdrawal on re following business day. Member FoI $100 of the total deposits made ona a onan - © CARINA HORVILLEUR OR MAURICIO MENESES |: " 1038 308 Brickell Key Dr. Apt 804 63-607/670 Miami, FL “33131-2685 tog - Date Baytome HARVARP REALTY ESCRO $ 10,000" | ONE Hurdhed TEN ruowe ge * Yao tote SunTR' _ ya” | UST Oo SunTrust Bank, South Florida Weston Office a] Q Fort Lauderdale, FL 203-8000 a) For - A LS \ "OB 70060 76106 7800 308802 Sue, O38: "po.wogoooo. ORARLANG 908 SuNI RUST SunTrust Bank, Miami sit tickets currently deposits made on a to the terms as stated on de pr a $100 of the tot i bjact to subsequent verification by the bank pete BY accepted a0) Oct to tora, Deposits may not b@ available for immediate vatngrawal, business: aay may be available for withdrawal on the following business day. Member FOIC. ) 700258 (2/ Returned Deposited Check Notificatio UNT RUST - a ? v1 PAGE 10F 2 SUNTRUST BANK, MIAMI 0 P.G, BOX 620547 4 ORLANDO, FLORIDA 32662-0547 - . TF YOU HAVE QUESTIONS ANYTIME DAY OR NIGHT CALL US AT - -591-600 DEPOSITED TO YOUR ACCOUNT WERE RETURNED TO SUNTRUST UNPAID. THE AMOUNT OF THE FOLLOWING CHECK(S) You RECENTLY IF YOUR CHECKS ARE NOT ENCLOSED, PLEASE CALL US. THE CHECK(S) HAS BEEN DEDUCTED FROM YOUR ACCOUNT. AMOUNT SEQ NUM AMOUNT SEQ NUM ACCOUNT NUMBER: 602-001033762 DATE OF DEDUCTION: 06-06-2001 110,000.00 31475949 HARVARD REALTY INC . TRUST ACCOUNT 9130 $ DADELAND BLVD STE 1613 MIAMI FL 33156-7851 BANK: 00702 CENTER: 8230099 NUMBER ITEMS-SUBTOTAL: 1 AMOUNT -SUBTOTAL : $ 116,000.00 ITEMS ENCLOSED: YES NUMBER LTEMS-TOTAL: 1 AMOUNT-TOTAL: * 116,000.90 SERVICE CHARGE-SUBTOTAL: $ .00 SERVICE CHARGE-~TOTAL: i 6.00 oe oe ADREMESTRATIVE: COMPLAINT: i ‘BIT # CARINA HORVILLEUR OR MAURICIO MENESES . 1021 808 Brickell Key Dr. Apt 804 5 63-807/670 Miami. FL 33131-268 : ewccll LF taf oe Pay to the Order of Shoea SuUNTRUST SunTrusl Bank, South Florida For NOB 70080 7&N08 7BOOSUSB0 25" 4024 Cereecar) o7 oh fig vert ap DERAL FESEAVE ROLF GFE y ecutiy Seveen Ly Mesapaes Signature (ne SUNI RUST SunTrust Bank, Miami Deposits are accepted subject to subsequent verification by the bank and Subject to the terms as stated on deposi tickets £1 i furnished by the bank to its depositors. Deposits may not be available tor immediate withdrawal. §100 of the total deposits ynapé on.a eee Saya be available for withdrawal on the following business day. Member FOIC. idol 00 ADM UCSTRATIVE COMPLAINT BT Be a ae Ss oF ( wee ee - SUNTRUST SunTrust Bank, Miami reg aR VAp oA cle Loe MW fspee OY SotR tog. AY a Deposits are accapted subject to subsequent verification by the bank and subject to tha terms as stated on dbposly. 5 purrer Posty uckats Current furnished by the bank to its depositors. Deposits may not be available for ‘mmediate withdrawal. $100 of the total deposits ane pusinass gay may de available for withdrawal on the following business day. Member FDIC. “ NIRUST Returned Deposited Check Notification SUNYTRUST BANK, MIAMI PAGE 1 OF 1 P.O. BOX 620547 ORLANDO, FLORIDA 32862-0547 IF YOU HAVE QUESTIONS ANYTIME DAY OR NIGHT CALL US AT 705-591-6000 . YOU RECENTLY DEPOSITED TO YOUR ACCOUNT WERE RETURNED TO SUNTRUST UNPAID. THE AMOUNT OF 4€ FOLLOWING CHECK(S) EDUCTED FROM YOUR ACCOUNT. IF YOUR CHECKS ARE NOT ENCLOSED, PLEASE CALL US. 4E CHECK(S) HAS BEEN Di AMOUNT SEQ NUM AMOUNT SEQ NUM SCOUNT NUMBER: 802-001033762 ATE OF DEDUCTION: 04-20-2001 110,000.00 33268695 - HARVARD REALTY INC TRUST ACCOUNT 9130 S$ DADELAND BLVD STE 1613 . MIAMI FL 33156-7851 ANK: 00702 CENTER: 8230099 NUMBER ITEMS~SUBTOTAL : 1 AMOUNT~SUBTOTAL : $ 110,000.00 TEMS ENCLOSED: YES NUMBER ITEMS-TOTAL: 1 AMOUNT TOTAL: $ 110,000.00 SERVICE CHARGE~SUBTOTAL: $ 6.00 SERVICE CHARGE~TOTAL: ¢ 6.00 - ‘SuNTRUST | Suntrust Bank, Miami Qa vege® ef CA PZ Boposta we socapled aubjct 16 subsequent veritation by the bank and subject 10 the terms as tatod on deposit ickals curaniy Menses Ba Te bank to its depositors. Deposits may not be avaiable for immediate withdrawal. $100 of the total deposits made on a business day may be available for withdrawal on the following business day, Member FDIC, 700258 (2/00) “ADMINISTRATIVE COMPLAINT EXHIBIT # sO race a DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION Division of Real Estate OFFICE INSPECTION & ESCROW/TRUST ACCOUNT AUDIT FORM DATELA l NAME OF BROKER [44SiL Yanakalt NAME OF BROKER BROKER LICENSE # | oT J I BROKER LICENSE # i TP tT PTT 7 BVO AISI SS NAME OF BROKER NAME OF BROKER BROKER LICENSE? | | [ TT 7 T T T 1 BROKER License# [T T 7 f 7 ~ 7 T TT BROKERAGE LICENSE # PHONE NUMBER Bextb 70-3111 ZIP NAME OF BROK@RAGE taa Val Realty STREET ADORESS ; . CITY COUNTY 4tSo SPaclelawd plvd miane Dede. 3316 REMARKS OFFICE (RULE 6152-10.022 & .023) AGENCY OR TRANSACTION BROKER DISCLOSURE (8.475.278, F.S.) YES NO aie REQUIREO OFFICE SIGN (RULE 6132-10.024) ae MONTHLY RECONCILIATIONS (RULE 61J2-14.01 2), SALES: TOTAL TRUST LIABILITY 8 ABS.oue.4 a ovendde D® to iwtencs +H RECON BANK BALANCE a 7 w. bal a beading ESCOw ACC, isnont 6ve) amount —A——, SPke4 | _ _ SECURITY DEPOSIT: TOTAL TRUST LIABILITY RECON BANK BALANCE (SHORT/OVER) AMOUNT ~~ _ RENTAL DISTRIBUTION: TOTAL TRUST LIABILITY RECON BANK BALANCE {SHORT/OVER ) AMOUNT = _ REMARKS alu tubiow Wik be Pprevidel Vin Far - | (HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, ALL RECORDS PERTAINING TO MY SALES ESCROW/TRUST ACCOUNTIS) AND MY RENTAL PROPERTY MANAGEMENT ACCOUNT(S) HAVE BEEN PROVIDE® TO THE INVESTIGATOR . THE ABOVE VIOLATIONS WERE BROUGHT TO MY “ATTENTION THIS DATE AND THROUGHLY EXPLAINED. | WILL TAKECCQRREGTIVE ACTION WITHIN DAYS AND PROVIDE DBPR WITH PHOTOS, SKETCHES DOCUMENTATION OF THE CORRECTIVE ACTION TAKEN. , nye babdr salisfol 4 MmI-t2¢ | DJ r%o/ {DATED IGNATURE ‘OF INVEST/GATOR) (COMPUTER 1D #) (DATE) NATURE OF BROKER) CITATION ISSUED YES NO #: COMPLAINT DOCKETED YES (fo) #: NOTICE OF NON-COMPLIANCE YES. wo Pursuant to s. 455.225 (31, F.S., and s. 120.695, F.S. the Commission sets forth rules which are considered minor violations for which the DBPR shail provide a licensee with a notice of noncompliance. A violation of a rule is considered a minor violation if it does not result in economic or physical harm to @ person or adversely affect the pubiic health, safety, or weifare or create a significant threat of such harm. The notice of ni motian: ball issued for an initial offense of a minor violati VIOLATION: VEINS CORRECTIVE ACTION: Xe FF. PAGE tt oF WHITE COPY —FIELD OFFICE YELLOW COPY - LICENSEE ,i2fl3/2Hai 17:53 SH50 787491 ° FAGE Ue To be used in comoliance with Chapter 61J2-14,012(2), Florida Administrative Code 1, Trust Account Reconciliation Information Name of bank: Su Yu ar aX Bank Name of account: i ADIN NCD Yealt. The. Vek Acco wk Account number: O$0200) 038767 Reconciliation for the month of —— April ascot. Date used tor reconcillation: ba / 30 70 Bank statement period uy 1701 through 7 227 01, Date reconciliation performed 2 / 13 7 ol 2. Adjusted Account Balance Quistandina Checks (Nov e) Denosits Not Qredited (NOu e) Date Check # Amount Date Amount $ TT . § Ending account balance (for statement period): s_\ \ qu, g 197.36 Add deposits not credited: + §$ 0 Subtract outstanding cnecks, - $ Total (this is the Adjusted Account Balance f itiati as of date reconclation performed) en STRATIVE COMPLAINT EXHIBIT a MSR-4 Rev. 9/97 ‘1907 Fiorlda Association at Ag BENE oR = : PAGE _& OF 49 . AZ ise 2b 1753 S650 747454 3. PAGE itemized List of Broker's Trust Liability Gliant/Transaction Name; Becanciled Balance Mavaicio aud Canina Meueses g 110,090.00 §, $ . $ _ — s NS $ —_—_ SSS $ — ——— _—— $ ee - $ mr $. _ § an ENON $ $ a i i ee Total of Broker's Trust Liability (Total of all deposits received, pending and being held by Broker as of the date revuriciliation . performed): g 1/0,000-00 Comparison of Reconciled Trust Account Balance with Broker's frust Liability: Adjusted Account Balence (fram paragraph 2) s (12, 819-36 Broker's Trust Liabillty (from paragraph 3) g 110, Qe. 00 If Adjusted Account Balance and Broker's Trust Liability agree, sign the Reconciliation Statement. d3 If Adjusted Account Balance and Broker's [rust Liability do not agree, cornplely ile following to explain the difference. Then, sign the Reconciliation Statement. (1) Shortages: (Adjusted Account Balance is less than Broker's Trust Liability) Total Shortage: $ Reason for shortage (i.e., nsf, service charge, negative balance). ADMINISTE 'E COMPLAINT exHiair ¢#_Y GAs Rev.9/97 ©1997 Florida Association of Realtors® ©All Rights recchie . 3 or 39 (7) Corrective Action Taken: (2) Overages: 36 (Aujusted Account Balance is more than Broker's Trust Liability) Total Overage: $. Z, $l q- Check onlyif. applicable: []Overage is due to deposit of Broker's own funds (not exceeding $200.00) into account for maintenance purposes in accordance with Rule 61J2-14,010(2) Other Reason for Overage: “These Couds de wot cepresent ay CSCRewnd Ww - They nape set Harvard Realty Tuc.*s Own Cu d- Corractive Action Taken: - 5. Signature 1, Band $:4amopea ers Broker, reviewed this monthly statement/reconcitiation Broker's siyrature (required orf all Reconciliation Statemnénie) The form is aveliablo for use by the enti roa estates indusuy and ig not Intended ta identity the user ”s @ REALTOR, ReA.TOR i a rogistened collective momborshio mark that may be sad only by rea! astato Koanseas who are mambers of the National Assoodton of RealToma and wno subscrite te its Cocks of Ethics Tha copyngnt laws of ine United States (17 U.S, Cocke) forbid the unauthorized roproduction of blenk forme by ary mmank inclining ircwmua cr Computerized farms. MSR-4 lav, 9/97 ©1997 Florida Association of Rea.tons® All Rights Reserved EXHIBI a PAGE Yc _4b bg SUNTRUST BANK, MIAMI Page 1 of 1 PRIVATE BANKING - CORAL GABLES 66/E00/0702/0 /00 PO BOX 620547 . 0802001033762 GRLANDO, FL 32862-0547 —_ 64/30/2001 Account SUNTRUST Statement VaaldecEessalblfaDeabsllotedelsllelblldtall HARVARD REALTY INC Questions? Please call TRUST ACCOUNT €305)591-6000 “9130 S»DADELAND BLVD STE 1613 MIAMI FL 33156-7851 THANK YOU FOR BANKING WITH SUNTRUST. TO LEARN MORE ABOUT HOW SUNTRUST CAN MEET YOUR FINANCIAL SERVICES NEEDS, PLEASE VISIT OUR WEB SITE AT WWW.SUNTRUST.COM. Account Account Type Account Number Statement Period Taxpayer ID Summary BASIC BUSINESS CHECKING 0802001033762 04/01/2001 - 04/30/2001 §9-2407918 Description Amount Description 5 Amount Beginning Balance $3,921.33 Average Balance $36,371.14 Deposits/Credits $220,000.00 Average Collected Balance $36,371.14 Checks $.00 Number of Days in Statement Period 30 Withdrawals/Debits $111,101.97 Ending Balance ~ $112,819.36 Deposits/ Date Amount Serial # Date Amount Serial # Credits 04/19 110,000.00 DEPOSIT 04/23 110,000.00 915237 DEPOSIT Deposits/Credits: 2 , Total Items Deposited: 2. Withdrawals/ Date Amount Serial #, Description Debits Paid 04/16 1,095.97 AUTOMATIC DEBIT SUNTRUST BANK iL PYMT 7020819905 0001 04/20 110,000.00 DEPOSITED ITEM RETURNED . 04/20 6.00 DEPOSITED ITEM RETURNED PENALTY Withdrawals/Debits: 3 i Balance Date Balance Collected Date Balance Collected Activity Balance Balance History 04/01 3,921.33 3.921.33 04/20 2,819.36 2,819.36 ° 04/6 ~" 2,825.96 — “" "2,925.36 ° 04/23° ~~ 142,819.36 112.819:36 04/19 112,825.36 112,825.36 | ae ADMINISTRAT ATIVE COMPLAINT Pace Sor _ 3% a 6009 Member FDIC A 4 oo CaS i : -14.012(2), Florida Administrative Code ot To be used in compliance with Ch 1. Trust Account Reconciliation Information Name of bank: Su “ Tre 31 Ba ak Nama of aecount: i avand alt The. Tesh Aceovek, Account number: D0 200 O33 7627 _ Reconcilation tor the month of Ma. , 2001 Date used tor reconciliation: S 3] 1_0 Bank statement period 27 1 /_0| through 373) 1OT. Date reconciliation performed 427 13, Of 2. Adjusted Account Balance Qustandina Checks (None) Qeposits Not Credited (None) Date Check # Amount Date Amount $e —_. -§$ —_ ——_—___ ————____ — ——___ —— ——___ ——_. —— — —__. — — ee ——_ —_——__. —_—___. —_—___. ——__ —_—__— ~~ + —— ———__ ee ——____. — ——__ ee —_—$_———_ —__ —_—_— — eS . —__. —____ —_— — —_____. _—___ eect sine —_____ —_—_______ ——— —— —__ —_—— — —. —___ or, ee rere ——______ Ending account balance {for statement period): Add deposits not credited: Subtract outstanding checks: Total (this is the Adjusted Account Balance as of date reconciliation performed): TA ens MSR-4 Rev.997 71997 Florida Adsociation of Reacrons® All Aighis Reserved * oe . EXMisty of Pace ___@ or_3D TW, . Feae d6 aad etre aes) sedbrdeasta S 3. ttemized List of Broker's Trust Liability : ‘ Gsgoncicd Balance Winbish. Ritew Realtors ¢ 5,000 for Mavadicto aud Carina Meneses $ $ = $ ee $ S$ ST SnnnnEnsnnenn eee § _ - $ $ eee So § : ee ; cree a a $e eee § arene xeeewunanenressee Total of Broker's Trust Liability (Total of all deposits received, pending and being neid by Broker as of the date reconciliation : perfarmed): “ g _ 11S ,000.00 4. Comparison of Reconciled Trust Account Balance with Broker's Trust Liability: s_il6, 717-34 [i5,000.,00 Adjucted Account Balance (fram paragranh 7) Broker's Trust Liability (from paragraph 3) $ L It Adjusted Account Balance ang Broker's Trust Liability agree, sign the Reconciliation Staternent. It Adjusted Account Balance and Broker's trust abilry do not agree, complete the following to expiain the difference. Then, sign the Reconclliation Statement. (1) Shortages: (Adjusted Account Balance is less than Broker's Trust Liability) Total Shortage: $ Reason for shortage (i.e., nsf, service charge, negative balance): AQUI MSR-4 lev.9/97 @1997 Florida Association of Reatrons® All Rights ResoFvel “ L21S- 2081 19:53 | 2888787469 Page 07 Corrective Action Taken: (2) Overages: (Adjusted Account Balance is more than Broker's Trust Liability) Total Overage: $ i t 7 { ] ¢ 3 4 Check only if applicable: (]Overage is due to deposit of Broker's own funds (not exceeding $200.00) into account tor maintéMance purposes in accordance with Rule 61U2-14.010(2). Other Reason for Overage: Th esa Fouds do uct Avprecenttl any esercus ameiaees| “they represear Raeand Toalty “hort OW nw co & Corrective Action Taken: . §. Signature , BASIL 4%, Y ANAKAK1 5 _ Broker, reviewed this monthly statement/reconeiliation Wuker's signature (required an all Reconciliation Statenrents) Ts form is avmlable for usa Dy Ihe entre mal estate industry and is not intended to dently the User ann Reaction, RenTOA d 8 MQsTOd COFECIME mambership rank that may be used only Dy reel estata Iikensees who era mombars of the Nationa! Associaton of Rea:tomé and who suoscring to Its Code of Gthics. The copyright kaw of da United States (17 U 8. Code) forbid tho unauthorised reproduction of blank, formes ky any means including farwinnie ar erenni tarzan irene MSR-4 = Rev. 9/97 21997 Florida Association of Rea.rors® All Rights Reserved TIVE COMPLAINT veer bay Fz _ Page 1 of 1 SUNTRUST BANK, MIAn<’ 83/E00/0702/1 /00 PRIVATE BANKING - CORAL GABLES P O BOX 620547 - 0802001033762 ORLANDO, FL 32862-0547 — 05/31/2001 Account SUNT RUST Statement Vatbass{LonsaldeD Des asbecelleclsfloseellesatalltoell HARVARD REALTY INC Questions? Please call TRUST ACCOUNT €305)591-6000 9130 S DADELAND BLVD STE 1613 MIAMI FL 33156-7851 THANK YOU FOR BANKING WITH SUNTRUST. TO LEARN MORE ABOUT HOW SUNTRUST CAN MEET YOUR FINANCIAL SERVICES NEEDS, PLEASE VISIT OUR WEB SITE AT WWW. SUNTRUST .COM, Account Account Type Account Number Statement Period Taxpayer ID Summary BASIC BUSINESS CHECKING 0802001033762 05/01/2001 - 05/31/2001 59-2407918 Description Amount Oescription . Amount Beginning Balance $112,819.36 Average Balance $117,903.82 Deposits/Credits $6,800.00 Average Collected Balance $117,619.18 Checks $1,000.00 Number of Days in Statement Period 31 Withdrawals/Debits $1,901.97 Ending Balance $116,717.39 Date Amount Serial # : Deposits/ Date Amount Serial # Credits 05/01 1,000.00 1021626 DEPOSIT 05/09 800.00 1021637 DEPOSIT 05/01 5,000.00 DEPOSIT Deposits/Credits: 3 Total Items Deposited: 5 Checks Check Amount Date| Check Amount Date} Check Amount Date Number Paid | Number Paid | Number Paid 112 1,000.00 05/24 Checks: 1 Withdrawals/ Date Amount Serial # Description Debits Paid - 05/07 800.00 DEPOSITED ITEM RETURNED os/ow —., 6.00 2 Mo. DEPOSITED ITEM RETURNED PENALTY 05/15 1,095.97 ELECTRONIC/ACH DEBIT ° SUNTRUST BANK IL PYMT 7020819905 0001 Withdrawals/Debits: 3 Balance Date Balance Collected Date Balance Collected Activity Balance Balance History 05/01 118,819.36 412,819.36 05/10 118,813.36 118,213.36 05/02 118,819.36 118,019.36 05/11 118,813.36 118,669.36 05/03 118,819.36 118,627.36 05/14 118,813.36 118,813.36 05/04 118,819.36 118,819.36 05/15 117,717.39 117,717.39 05/07 118,013.36 118,013.36 05/24 116,717.39 116,717.39 05/09 118,813.36 418,013.36 véned Member FDIC 73 L2/ ise 266i 17253 3850 7d7491 is cea To be used in compliance with th Chapter 612. 14, 012(2), Florida Administrative Coda 1. Trust Account Reconciliation information Name of bank: S$ un Tay st Ba aK Sens Name of agcount: Hany is nd ea, th whe. Th C60 Account nunBar: 080200 {O33 7bu Reconcilation for the month of Ae 1 2,Q0\. Date used for reconciliation: 6 / 30; 21 Dank statement period — & 1 / OF througn _6 / 397 Of. Date reconciiation performed: [2/13 / OF 2. Adjusted Account Balance Outstanding Checks (NIM ) Deposits Not Credited CNe ke) Date GS # Amount Date Amount $ —_ C—O Ending account balance (for statement period): $ Zt Ey O7|- 42 Add deposits rot credited: + § ) Subtract outstanding checks: - § 0 Total (this is the Adjusted Account Balance as of date reconciligtion performed): g_ 225, 07)-G2r MSR-4 Rev. 987 G1997 Florida Association of Rca.tons® All Alghts Reserved. 3.41PM ST AATIVE COMPLAI NT. [R ei ri EXHIBIT #. PAGE OF 32% 74 12/13/2061 27453 , 3858 787494 Pace 3. Itemized List of Broker's Trust Liability Sis poName, arone: Yor] Mauricio aud Chnina Meuesas ¢__ 1/0, 900-00 $. $ ae $s. on 5 na $ SEES $, a $ ~ §, i $ $ a §, —_— $0 So & Total of Broker's Trust Liabilty (Total of all dapasits received ' ror ne being held by Broker as of the dale recuriviliation : 4 25,000-00 4. Comparison of Reconciled Trust Account Balance with Broker's Trust Liability: Adjusted Account Balance (fmm paragrapn 2) $ 2 25, OF 1-92 Broker's Trust Liability (from paragraph 3) $ __ 245, 290-99 if Adjusted Account Balance and Broker's Trust Liability agree, sign the Reconollation Statement. es) lf Adjusted Account Balance and Broker's Trust Liability do not agree, cornplele the fullowirg to explain the difference. Then, sign the Reconciliation Statement. (1) Shortages: (Adjusted Account Balance is less than Broker's Trust Liability) Total Shortage: & Reason for shortage (|.e., nsf, service charge, negative balance): ADMINISTRATIVE COMPLAINT. _ MSR-4 Rev.9/87 ©1997 Florida Association of Rea.tors® All Rights Recaryag BIT # 4 TT of _ 22 —— x PAGE _————- 75 12/13/26d1 17:53 , 3656767491 . Fase 10 Corrective Action Taken: (2) Overages: / 32 (Adjusted Account Balance Is more than Broker’s Trust Liability) Total Overage: $ 7 : Check only if applicable: JOverage is due to deposit of Brokers awn funds (not exceeding $209.00) into account for maint@nance purposes in accordance with Rule 61J2-14 010(2). Other Reason for Overage: These fds do uot arpresect aM eS Creed Modes . Teg TP prwbert Heeryarck RaMy hes omen Cuda. Corrective Action Taken: - 5, Signature LBA STE 5: YAWVAKAICS 9 __. Broker, reviewed this monthly statement/reconciiation on Leeds fey | Bas les flequirad on all Recenbiianed Statements) This form a svadaiie for Use by the entins real estate Industry and is not imtended to Wiecty the user 06 2 FAUOR, Pealron is 8 ragimared calectve membership mark chat mery be used only by real osinte Icanssas who am mombere of the National Agsoctatian Of REALTORS and who suinscrios to Its Code ot Ethics. The atryrignt awe nt the Unrtad States (17 U.S, Codal forbic the unauthonzed seprocuction of banic forms by any mesns inducing facsimia or computerted forms, MSR-4 Rev. 9/97 = ©1997 Florida Association of REALTORS® Alt Rights Reserved ADMMSTRATIVE COMPLAINT XHIBIT ¥f —— ; pace __!%_ or 3? To — Page 1 of 1 SUNTRUST BANK, MIAMI 66/E00/0702/0 /00 VATE BANKING - CORAL GABLES BRO BOX 620547 - 0802001033762 ORLANDO, FL 32862-0547 ———— 06/30/2001 Account SUNTRUST Statement VuaTLenaDDosssUaTelaVMelssallesfeadelearsdlssllislbaddl HARVARD REALTY INC TRUST ACCOUNT 9130 S$ DADELAND BLVD STE 1613 MIAMI FL 33156-7851 Questions? Please call €305)591-6000 SUNTRUST HAS MADE A PROPOSAL TO JOIN WITH WACHOVIA CORPORATION. AS THIS SITUATION UNFOLDS, SUNTRUST'S NUMBER-ONE PRIORITY, OUR CUSTOMERS, IS UNCHANGED. OUR 28,000 ASSOCIATES ARE COMMITTED TO YOUR SUCCESS. REGARDLESS OF THE OUTCOME OF THIS PROPOSAL, SUNTRUST WILL REMAIN STRONG, VIBRANT AND FOCUSED ON YOU. ee T. Account Account Type Account Number Statement Period axpayer ID Summary BASIC BUSINESS CHECKING 0802001033762 06/01/2001 - 06/30/2001 59-2407918 Description Amount Description : Amount Beginning Balance $116,717.39 Average Balance $189,729.00 Oeposits/Credits $224,456.50 Average Collected Balance $185,402.34 Checks $.00 Number of Days in Statement Period 30 Withdrawals/Debits $116,101.97 Ending Balance 25,071.92 Deposits/ Date Amount Serial # Date Amount Serjal# Credits 06/05 110,000.00 DEPOSIT 06/12 110,000.00 DEPOSIT 06/11 4,456.50 94978 MISCELLANEOUS CREDIT , Deposits/Credits: 3 Total Items Deposited: 2 Withdrawals/ Date Amount Serial # Description Debits Paid 06/06 110,000.00 DEPOSITED ITEM RETURNED 06/06 6.00 DEPOSITED ITEM RETURNED PENAL 06/14 1,095.97 ELECTRONIC/ACH DEBIT SUNTRUST BANK {L PYMT 7020819905 0001 06/15 5,000.00 MISCELLANEOUS DEBIT . Withdrawals/Debits: 4 Balance Date Balance Collected Date Balance Coliected Activity Balance Balance History 06/01 116,717.39 116,717.39 06/12 231,167.89 121,167.89 06/05 226,717.39 226,717.39 06/13 231,167.89 211,367.89 06/06 116,711.39 116,711.39 06/14 230,071.92 230,071.92 06/11 121,167.89 121,167.89 06/15 225,071.32 225,071.92 . 2 ] Basis. dave Sa ne td EXHIBIT tpl , page __!2_ or 22 one Mamber FRTC 27 12/13/2681 17:53 . 3658787431 1. 2. Adjusted Account Balance To be used in compliance with se ys Chapter 61 (2), Florida Administrative Code Trust Account Reconciliation Information Name of bank: Su w Trees Bank Name of account: ev a @ & Tre : Trot out Account number: —~OF0200/ 034 7bR Reconciliation for the month of 3 , 2.901. Date used for reconcliation:___1./_31/ OL Bank statement period __T yf /_OF through 7/3} 7 Ol. Date reconcitation performed: J 2./_J3 7_OJ Quistanding Checks (NOM e.) Deposits Nat Creaited (Noke ) Date Check # Amount Data Amount $ 5. Ending account balance (for statament period): $_ 225,210. 5 q Add deposits not credited: + § Q Subtract outstanding checks: - § 0 Total (this is the Adjusted Account Balance : as of date reconciliation performed): $22 s t 210-99 ADwi! ae ti¥E COMPLAINT, ne | a MSR-4 Rev.997 1997 Florida Association d{ PEALTOR® Aahgns Raservad aie SORTER , PAGE I or 9% TS 12/137 26h MSR-4 = Rev, 9/97 17:53 « 3656787491 8. Itemized List of Broker's Trust Liability Witz) Total of Broker's Trust Liability (Total of al deposits received, pending and being held by Broker as of the date reconciliation performed): a 7 wo Fe Ff fH fF & a $ 225 000.00 Comparison of Reconciled Trust Account Balance with Broker's Trust Liability: Adjusted Account Balance (fram paragranh 2) Broker's Trust Liability (tram paragraph 3) $_ U25, 210-44 $ 225, 000.090 Ht Adjusted Account Balance and Broker's Trust Liability agree, sign the Reconciliation Statement. it Adjusted Account Balance and Sroker's Trust Liablity do not agree, cornpiete the following lo explain Wie difference, Then, sign the Reconciliation Statement. (1) Shortages: (Adjusted Account Balance is less than Broker's Trust Liability) Reason for shortage (2. nsf, servica charge, negative balance): @1997 Florida Association of ReaLrons® x HT All Rights Reservéd "= Total Shortage: $ ‘RATIVE COMPLAINT (5B ee 77 iL Corrective Action Taken: (2) Overages: (Adjusted Account Balanco ia moro than Broker's Trust Liability) Total Qvarage: $ 210.9 j Chack only-f applicable: [JOverage is due to deposit of Broker's own funds (not exceeding $200.00) inte account for maintenance purposes In accordance with Rule 61J2-14,010(2). Other Reason for Overage: These turks Peper PI¥S.O7 of pnteresrt s2rnedk at $b5-72 4 Hawaeedk heakty The S OWK renege Thr. 7/36(¢ Corrective Action Taken: 5. Signature I, 3, YAWVAKPK/2 Broker, reviewed this monthly statement/reconciliation Broker's signatury (requied un al Reconciliation Statements) "Ths form(s avalabia for use by the erttree real estate dustry and ta not intondod to Kdant fy the user as a Faison. ReALTOR is a registered collective mambershio mark that may be used only By real estate hoansoas who are moriters of tha National Assocerbort of REALTORS ard who subcribe 10 tts Code of Ethics, “Ths copyrignt awe of tho United Statwa (17 U.S. Gude forbid the unauthorized repredivation of blank forns by any maans including fazsimnile ne anime Radzedd ners. MSR-4 — Rev.9/97 ©1997 Florida Association a! ReaLTors® All Rights Reserved ADMINISTRATIVE COMPLAINT EXHIBIT 4 SUNTRUST BANK, MI Art a Page 1 of 1 PRIVATE BANKING - CORAL GABLES 66/E00/0702/0 /90 P O BOX 620547 ~ 0802001033762 ORLANDO, FL 32862-0547 ——_— ——— 07/31/2001 Account SUNTRUST Statement oaldacaDDavsatbafatasdDoalsullaclalddecelfelladfebadl HARVARD REALTY INC Questions? Please call TRUST ACCOUNT (305)591-6000 9130 S DADELAND BLVD STE 1613 MIAMI FL 33156-7851 SIMPLIFY YOUR ACCOUNTING PROCESS USING COMPUTER CHECKS AND FORMS. 100% SOFTWARE COMPATIBLE, COMPETITIVE PRICING, CONVENIENT ORDERING! CALL HARLAND BUSINESS SOLUTIONS FOR QUICK TURNAROUND 2 1-877-275-4427. MENTION ADCODE "SM" TO RECEIVE 20% OFF OF YOUR FIRST ORDER. Account Account Type Account Number Statement Period Taxpayer ID Summary BUSINESS SUPER MONEY MARKET 0802001033762 07/01/2001 - 07/31/2001 59-2407918 Description Amount Description . Amount Beginning Balance $225,071.92 Average Balance $227 634.27 Deposits/Credits $16,241.04 Average Collected Balance $226,448.78 Checks $.00 Number of Days in Statement Period 31 Withdrawats/Debits $16,101.97 Annual Percentage Yield Earned 4.00% Ending Balance $225,210.99 Interest Paid Year to Date $145.07 Amount — Serial #, Deposits/ Date Amount Serial # Date Credits O71 15,000.00 DEPOSIT 07/12 1,095.97 MISCELLANEOUS CREDIT ; 07/31 145.07 INTEREST PAID THIS STATEMENT THRU 07/31 Deposits/Credits: 3 Total Items Deposited: 1 Withdrawals/ Date Amount Serial # Description Debits Paid O7/16 15,000.00 DEPOSITED ITEM RETURNED 07/16 6.00 DEPOSITED ITEM RETURNED PENALTY 07/16 1,095.97 ELECTRONIC/ACH DEBIT . . SUNTRUST BANK IL PYMT 7020819905 0001 Withdrawals/Debits: 3 Balance Date Balaice@ Collected’ “| Date ~~" ~ Balance Collected Activity Balance Balance History 07/01 225,071.92 225,071.92 07/13 241,167.89 238,917.89 O7/11 240,071.92 225,071.92 O7/16 225,065.92 225,065.92 O72 241,167.89 226,167.89 07/31 225,210.99 225,210.99 ADMINISTRAT NISTRATIVE Con EXMIQIT at OMPLAINT, 11 oF 33 0 == Mamhan ENTS i / Go) s8UaeUr dae act bor, Jou af s oo, 13 cr eee Rag tute Chapter 61/2-14.012/ * (Rix 8255 vats To be used in compllance with 1. Trust Account Reconclliation Information Name ot bank: an Tesh Bank Name of account: __. Hanvand Renlt, Tre. The feco Account nuntier: O¥0260 lOZ34bT Reconciliatian for the month of A nguak 1 20°]. Date used for reconciliation: _v 13) 9} Dank stalerert period Birt o1 through '¥/_ Sy /_Of, Date reconciliation performed; 12 / (3, 7_0} 2. Adjusted Account Balance Qutstanging Checks (Nea,) Danosite Not Credited (Ne) Date Chéck # Amount Date Amount $. _s_ —_ ——____ —_—_ ——— —__ ——____ —,_ ———— ——____ ——____ — —_ —_——__. > — —____ — —_——__ _—. ——__. — ——__ a ———— —_———_. _— ——— — —_-___ ee Ending account balance (for statement period): $ Zt ¥52. 63 Add deposits not credited: + § Subtrect outstanding checks: Total (this is the Adjusted Account Balance as of date reconciliation performed): §_ 224 852.63 coranve comerant PAGE 1% of _ 39 Bo- MSR-4 Rav.9/87 ©1997 Florida Association of REALTORS® 3 sed Suet ues de 3. Itemized List of Broker's Trust Liability 1 Rea Fe Rad Rd a “A t wa 8 & oe fF & | A Total of Broker's Trust Liability (Total of all deposits received, pending and being neid by Groker as of the date reconcillation performed): g 225,000.90 4. Comparison of Reconciled Trust Account Balance with Broker's Trust Liability: $224,852 63 $ 225,000.00 Adjusted Account Balance (fram paragraph 9) Broker's Trust Liability (from: paragraph 3) If Adjusted Account Balance and Broker's Trust Liability agree, sign the Reconciliation Statement. If Adjusted Account Balance and Broker's trust Liability do not agree, complete the following to explain the difference. Then, sign the Reconciliation Statement. (1) Shortages: (Adjusted Account Balance is less than Broker's Trust Liability) Total Shortage: $ 141.3 l Reason for shortage (i.e., nsf, service charge. negative balance): Sue Tet Bear |, pacers Kewd AL Te J Mg eyetgteed- EXHIBIT # MSA-4 = -Rlev.9/97 ©1997 Florida Ascociatian of REALTORSO: All Rights Reserved 2, pace _ t4 or _22 er eee Corrective Action Taken: (2) Overages: (Adjusted Account Balance is mora than Broker's Trust Liability) Total Overage: $ Check only if applicable: {_]Overage is due to deposit of Broker's own funds (not exceeding $200.00) into account for mainisnance purposes in accordanca with Rule 61J2-14.010(2). Other Reason for Overage: Corrective Action Taken: . 5. Signature I, 4 s l Le Ss 1 yf A VAKAK/ 4 , Broker, reviewed this monthly statement/reconciliation on (2f/ BLY i Wks '$ signature (re wired on alt AMAA. Statements} Tha form is avalable for uce by tho oritre res! aatate MOUS and 's not intended fo anit) the user as a Rewwror. Reavron is o registered collective membership mark that may De used only by real actata fconsees who aa members of the Natanal Assocation of REATaRs and who subscribe to its Code of Ethics, ‘Tha copyright laws of the United tatoo (17 LS. Code) fortid the unauthoraed ropraduction of hrenic forms hy amy manna Iaciucing faramim or anes tered Karthet, MSR-4 Rev.9/97 ©1997 Flanda Association of RaaLtors® All Rights Reserved ADMINISTRATIVE COMPLAINT EXHIBIT # y ~ RS PAGE 20 o¢ 3h re SUNTRUST BANK, .-~arrt Page 1 of 1 PRIVATE BANKING - CORAL GABLES 66/E00/0702/0 /00 P O BOX 620547 - 0802001033762 ORLANDO, FL 32862-0547 ————— 08/31/2002) Account SUNTRUST Statement LaotboveDDessoDDoEadustbeaLsslleataatebeeedbasalacdLiToaddt HARVARD REALTY INC Questions? Please call TRUST ACCOUNT ¢305)591-6000 9130 S DADELAND BLVD STE 1613 MIAMI FL 33156-7851 LOOKING TO SAVE YOUR SMALL BUSINESS A LOT OF DOUGH? CHECK WITH SUNTRUST FIRST. WE OFFER A WIDE RANGE OF PRODUCTS AND SERVICES TO MEET YOUR BUSINESS NEEDS. TO FIND OUT MORE ABOUT OUR SMALL BUSINESS SOLUTIONS, CONTACT A BUSINESS BANKER OR STOP BY YOUR NEAREST SUNTRUST OFFICE. ASK ABOUT OUR SPECIAL OFFERS. MEMBER FDIC. Account Account Type Account Number Statement Period Taxpayer ID Summary BUSINESS SUPER MONEY MARKET 0802001033762 08/01/2001 - 08/31/2001 §9-2407918 a Description Amount Description . Amount Beginning Balance $225,210.99 Average Balance $224,598.41 Deposits/Credits $737.61 Average Collected Balance $224,598.41 Checks $.00 Number of Days in Statement Period 31 Withdrawals/Debits $1,095.97 Annual Percentage Yield Earned 3.94% Ending Balance $224,852.63 Interest Paid Year to Date $882.68 Deposits/ Date Amount Serial # Description Credits 08/31 737.61 INTEREST PAID THIS STATEMENT THRU 08/31 Deposits/Credits: 1 Total Items Deposited: Withdrawais/ Date Amount Serial # Description Debits Paid 08/14 4,095.97 ELECTRONIC/ACH DEBIT SUNTRUST BANK L PYMT 7020819905 0001 Withdrawals/Debits: 1 ee Balance Date Balance Collected Date Balance Collected Activity Balance . - Balance History 08/01 225,210.99 225,210.99 08/31 224,852.63 224,852.63 08/14 224,115.02 224,115.02 th OAT DHS LAATIVE COMPLAINT pace _@l oF __32 sana Member FDIC 65 SUNTRUST BANK, MIAW~- ~, Page 1 of 1 PRIVATE BANKING - CORAL GABLES 66/E00/0702/0 /09 P O BOX 620547 - 0802001033762 ORLANDO, FL 32862-0547 ————_— —— 09/30/2001 Account SUNTIRUST Statement Account Summary Deposits/ Credits Withdrawals/ Debits Balance Activity History ~~ enn7 TerlbveDvcndatadeeEfaalsallasbslslesatl alll toll HARVARD REALTY INC Questions? Please call TRUST ACCOUNT €305)9591-6000 9130 S DADELAND BLVD STE 1613 . MIAMI FL 33156-7851 WHAT IF YOUR FUNDS WERE AVAILABLE FOR UP TO AN ADDITIONAL 720 HOURS EACH MONTH? KEEP YOUR MONEY LONGER WITH SUNTRUST MERCHANT SERVICES. YOU'RE ONLY CHARGED FEES ON YOUR MERCHANT DEPOSITS ONCE A MONTH. NOT DAILY. IMPROVE YOUR CASH FLOW. CALL SUNTRUST MERCHANT SERVICES AT 1-888-276-2977 TO GET STARTED. MEMBER FDIC. Account Type Account Number Statement Period Taxpayer ID BUSINESS SUPER MONEY MARKET 0802001033762 09/01/2001 - 09/30/2001 §9-2407918 Description Amount Description - Amount Beginning Balance $224,852.63 Average Balance $224,421.24 Deposits/Credits $1,896.64 Average Collected Balance $224,421.24 Checks $.00 Number of Days in Statement Period 30 Withdrawals/Debits $1,095.97 Annual Percentage Yield Earned 3.56% Ending Balance $225,653.30 Interest Paid Year to Date $1,529.32 Date Amount Serial Date Amount Serial # 09/28 1,250.00 DEPOSIT 09/28 646.64 INTEREST PAID THIS STATEMENT THRU 09/30 Deposits/Credits: 2 / Total Items Deposited: 0 Date Amount Serial # Description Paid 09/14 1,095.97 ELECTRONIC/ACH DEBIT SUNTRUST BANK IL PYMT 7020819905 0001 Withdrawals/Debits: 1 Date Balance Collected Date Balance Collected . Balance Balance O9/0t © 77 ea BS26T TT 224(852.63°° > > 09128-2256, 653.30" 225,653.30 09/14 223,756.66 223,756.66 Member FDIC 0 ' i we w na fax] & fal @ w oS ol o a rey uw iors To be used i in compllance wi with Chapter 61J2-14,012(2}, Florida Administrative Code 1. Trust Account Reconciliation Information Name of bank: Sea Vrudt Boul, NO Name of account: be cvand healt Te Pu. oe ee Account number: 0802001032762 Reconciliation for the month of Seq te , 2001 pate used for reconciliation; 4 32) 94 Bank statement period _“) _ i /_Ot Ol through 4/30 /_ Of, Date reconciliation performed: (2/7 13 7 O1 2, Adjusted Account Balance Outstanding Checks (none Qaposits Not Credited (vo xe) Date Check # Amount Date Amount $ $ 225, 653-39 Ending account balance (for statement period): $§__ cla, 672° Add deposits not credited: + § 3} Subtract outstanding checks: - $ o Total {this s the Adjusted Account Balance - ~ $_ 225, 633.30 as of date reconciliation pertormed): (arg, SNE) MSR-4 Rav. 997 ©1997 Florida Association of Rearors® All Rights Resane, IN} STRAT VE \ ONTO, COMPLAINT, EXHIEIT # 33 E/ V2/13/ 26d1 1?:53 . Sa56787d91 FAGE 13 17 3. Itemized List of Broker's Trust Liability : . Rewonsilend Bit 1: | ee S$ eee BS ve a S$ - $ So SEnEIEnnneenmeeeeeeeen aa S$ So eee - $ eee $n eee $e Ps : $n ee | . cs Total of Broker's Trust Liability (Total of all deposits raceived, pending and being held by Broker as of the date reconciliation pertormed): $_ 225, 990-00 4. Comparison of Reconciled Trust Account Balance with Broker's Trust Liability: Adjuated Account Ralanca (from paragraph 2) S$. 223.6 S73 30 Broker's Trust Liability (from paragraph 3) $ 225, 000-90 If Adjusted Account Balance and Broker's Trust Liability agree, sign the Reconciliation Statement. If Adjusted Account Balance and broker's Irust Liability do not agree, Complete the following to explain the difference. Than, sign the Reconciliation Statament. (1) Shortages: (Adjusted Account Balance Is less than Broker's Trust Liability) Total Shortage: $ Reason for shortage (.e., nsf, service charge, negative balance}: Exe: MSR-4 = Rev.9/97 ©1997 Florida Association of Acacrons® All Rights Reserved | . FALL l2/1aé aba 17253 » 3056787491 rage ig Corrective Action Taken: (2) Overages: 653.30 (Adjuated Aooount Balanco ig more than Broker's Trust Liability) Total Overage: $ Check only. if appticable:{_]Overage is dua to deposit of Broker's own funds (not exceeding $200.00) into account for maintenance purposes in accordance with Rule 61J2-14.010(2). Omer Reason for Overage: These. Geeky rap sence ¢ 6tb-b4 of Lock wes® Ranwne rath fb. bb of Heevecd faaRty Tees dw Meng thar 1/30/t Corrective Action Taken: §. Signature \, Bast $,YAVUAKAK/S —_, Broker, reviewed this monthly statement/reconcilation on 22 f3fof | ‘Thus form is avalabe for une by the entire red estate Industry and ly net interciad to identify the user at a Penton, Renton is a “egstered collective membership mark that may be rd ony by real estate foensees who am mambess of the National Association of Aga.ToAs and who sUosarbe to Ite Code of Ethics. Tie Uap ytiGnt laws of the Linted States (17 U6. Cade) forbid the unouthortend ropraduction of tlonk forme by any moaned inaliiding thoorno or cormevterced forma, MSA-4 = Rev.9/97 ©1997 Florida Association of Reatronsd) All Rights Reserved W2/13/ cdi 1853 , 3856707951 ° reece LY oe If ray B ee (2), Florida Administrative Code To be used in compliance with Chapter 6142-14.012 1. Trust Account Reconciliation Information Name of bank: Sue Trvet Qera kk Name at account: hervarck, Raat, thc. View Mee ou Account numter: OBO200 jO3BIISZ. Reconciliation for the month of _Oheber £99). Date used for reconciliation, [07 Be, 94 Hank statement period 10 + / 2A through IO 7 Bi, Oy, lL Date reconciliation performed: _12/ 13 /_ oO] 2. Adjusted Account Balance . Quistanding Checks (mone ) Denasits Not Credited CKcxe ) Date Check # Amount Date Amount $______ $ Ending account balance (for staternent period): $ 226,181.74 Add deposits not credited: + §$ a) Sublact outstanding checks: - 8 0 Total (this is the Adjusted Account Balance : as of date reconciliation performed): g 226,181-74 MSR-4 Rev. 997 (1997 Florida Association of Rrarrons® AI RGM HAGA RATIVE COMPLAINT sven a ; EXHIBIT # Pace 24 of 2 G i rege 21 i2/i3. 28 1753 | SuSeTaTe91 vee) 4, Itemized List of Broker's Trust Liability eee $ aa $ So eee . nee Bo ° § ee $ $ 4 - $e eS So eee $ en eneeme eee ee $ —__ eee So ee Bu ee See rea Total of Broker's Trust Liability (Tota! of all deposits received, pending and being held by Broker as or the date reconetiation : performed): $225, 000-00 4. Comparison of Reconciled Trust Account Balance with Broker's Trust Liability: Adjusted Account Balance (fram paragraph 2) $ 226, (81-74 Broker's Trust Liability (from paragraph 3) $225, ode- 00 If Adjusted Account Balance and Broker's Trust Liability agree, sign the Reconciliation Statement. If Adjusted Account Balance and Broker's Trust Liability do not agree, complete the following to explain the difference. Then, sign the Reconciliation Statement. (1) Shortages: (Adjusted Account Balance is less than Broker's Trust Liability) Tota! Shortage: $ Reason for shortage (.e., nsf, service charge, negative balance): ADMINISTRATIVE COMPLAINT. ; EXH! MSR-4 Rav. 9/97 1987 Florida Association of Reatrons® All Rights Raserved “ a paces _o@ 2 OF 3% Fag 22 i2ei3/iddl 17:53 . 3656767491 al Corrective Action Taken: (2) Overages: 1 (Adjusted Account Balance is more than Brakcr’s Truat Liability) Total Overage: $ Hl i 7 Check only, if applicable: LJOverage is due to deposit of Broker's own funds (not exceeding $200.00) into account for maintenance purposes in accordance with Rule 61J2+14,010(2). Other Reason for Overage: These funda rep resant aS 28.44 of nhewes Cen seael? aud $653.30 4 Hanyoed fatty The 13 eR memeeng « Carractive Action Taken: 5. Signature ,_§ it. % i$ K) . Broker, reviewed this monthly statement/reconciliation on 12 fio fol __»_. Bast asa Broker's signature (requred on all Reconciation Swatenents) ‘Ths form §s avaiabie for usr by the enti ros! estertes dustry end ie not intanded lo dently the user at @ REALTOR, REALTOR A 6 mointerad collective membarshio mark thet may de sed only by real estate Kaand66s WNO are mambers of the National Association of Psa.Tod and who aubGertiDg to its Coda of Ethies, The copyright lewws of the United States (1.7 U.S. Code) forbid the ynaul) ailacd repudiates’ of Blank forms by ony meons including tacalrrile or camputorized forme, MSR-4 = Rev.9/97 ©1997 Florida Associalian of Reactons® All Rights Reserved ADMINISTRATIVE COMPLAINT. : exusit a4 vo aT cs BS SUNTRUST BANK, MIA;..- — Page 1 of 1 PRIVATE BANKING - CORAL GABLES 66/E00/0702/0 /00 P O BOX 620547 . 0802001033762 ORLANDO, FL 32862-0547 — — 10/31/2001 Account SUNIRUST Statement FealbacslMeuclLsLetesdbastuaidbaatssbelssantdacstfa Halsall HARVARD REALTY INC Questions? Please call TRUST ACCOUNT €305)591-6000 9130 S DADELAND BLVD STE 1613 MIAMI FL 33156-7851 THE SUNTRUST BUSINESS CREDIT CARD SIMPLIFIES YOUR FINANCIAL LIFE BY HELPING YOU MANAGE YOUR EXPENSES WHILE GIVING YOU TRULY FLEXIBLE SPENDING POWER. AND THERE'S NO ANNUAL FEE. APPLY TODAY AND YOU'LL ENJOY A SPECIAL LOW INTRODUCTORY APR. CALL 1-800-836-8562 OR CONTACT YOUR LOCAL SUNTRUST OFFICE. MEMBER FDIC. Account Account Type Account Number Statement Period Taxpayer ID Summary BUSINESS SUPER MONEY MARKET 0802001033762 10/01/2001 - 10/31/2001 §9-2407918 i Description Amount Description . Amount Beginning Balance $225,653.30 Average Balance $225,564.28 Deposits/Credits $1,624.41 Average Collected Balance $225,564.28 Checks $.00 Number of Days in Statement Period 31 Withdrawals/Debits $1,095.97 Annual Percentage Yield Eamed 2.79% Ending Balance $226,181.74 Interest Paid Year to Daté $2,057.76 Deposits/ Date Amount _ Serial # Description Credits 10/19 1,095.97 MISCELLANEOUS CREDIT 10/31 528.44 INTEREST PAID THIS STATEMENT THRU 10/31 Deposits/Credits: 2 Total Items Deposited: 0 , Withdrawals/ Date Amount Serial # Description Debits Paid 10/16 1,095.97 ELECTRONIC/ACH DEBIT SUNTRUST BANK WYPYMT 7020819905 0001 Withdrawals/Debits: 1 Balance Date Balance Collected Date . Balance Collected Activity Balance Balance History 10/01 225,653.30 225,653.30 10/19 225,653.30 225,653.30 40/31 226,181.74 226,181.74 10/16 224,557.33 224,557.33 TRATIVE COMPLAINT ; PROE © AT oF on 6791... Member FDIC Q 3 12/13/2661 17:53. . 38587a7451 . PAGE 23 1. MSR-4 Aev.9/97 ©1997 Florida Association of Rearons® All Rights Rekerved * To be ugad.in compliance with Chapter 61J2-14.012(2), Florida Administrative Code Trust Account Reconciliation Information Name of bank: Tr f and Name of account: __Haavand Pan Vy Inc. Tat Account _ Aceauint number: 00200 Jo3376R Reconcillation for the month of Novem ber 200) Date used for reconciliation: _/ 7 20701 Bank statement period _/? J ¢_O} tnrough_ft/ 20/0}. Date reconetlation purformead: 2 ¢_}2/_O]} Adjusted Account Balance Qutstanding Qhecks (none ) Peposits Not Credited Choke ) Data Check # Amount Date Amount —_ §. $. Ending account balance (for staternent period): $ 22 Ss, 43 Z- qu Add deposits not credited: + § 0 - & (4) Subtract outstanding checks: Total (thio ia the Adjusted Accaunt Ralance ; as of date reconciliation performed): $__ 225, 482-4 a re ‘ EXHIBIT # pace __ 20_ or __3D Ou iGvleecddl sas. . sbsese?dsl 23 3. itemized List of Broker's Trust Liability Clien: i : Reconciled Balaucy Serene $n $. S$ . ee ren w $ Sane $ eee So $_... cca aE - Su S__ Se BS Se Semneeneneeneee Se So eee So eee ; $c pees Total of Broker's Trust Liability (Total of all deposits received, pending and being held by Broker as of the dale reconciliation . pertormadh $__225, 000/09 4, Comparison of Reconciled Trust Account Balance with Brokor’s Trust Liability: Adjustad Account Balance (from paragraph 2) $ 225, ¥$2- Va Broker's Trust Liability (from paragraph 3) $ 225, 000 -00 if Adjusted Account Balance and Broker's Trust Liability agree, sign the Reconciliation Statement. tt Adjusted Account Halance and Broker's Trust Liability do not agree, complete the 1oltowing to explain the dittarence. Then, sign the Reconciliation Statement. (1) Shortages: (Adjusted Account Balance is less than Broker’s Trust Liability) Total Shortage: $ i Reason for shortage (i.e., nsf, service charge, negative balance): ADMINISTRATIVE COMPLAINT. MSA-4 Rev. 9/87 ©1997 Florida Assaciation of ReacTons® All Rights Reserved a oe 12/13/2661 i688. . 3856787451 ° PAGE 25 24 Corrective Action Taken: (2) Overages: (Adjusted Account Balance is mere than Broker's Trust Liability) Total Overage: $ &2. Check only-if applicable: (]Overage is dye to deposit of Broker's own funds (not exceeding $200.00) inte account for maintenance purposes in accordance with Rule 61J2-14.010(2). Other Reason for Overage: These Lunda repress + § 346.67 4 ad X 0 Q Ga RQ 4 85-17 of Hanvack ase Tne $ cum Womans « Corrective Action Taken: 5. Signature I, BAS It. 3. y A NVAK Ay l 4 , Broker, reviewed this monthly statement/reconciliation on J2frafol — wired on all Reconciketon i, tements) roker's signature | TAS form & avaatable for us? by the entire reo) estate noustry and 6 nor intonded to Identity the uso” as a Faa.zOe, Renton is @ registered collnctve membershe mark inat may be usec! only by roa! estate loersees who are members 0 tho Nations! Association of Roacrore: and who aJOacna to Its Coda of Ethos, The copyright laws of the United istates (17 U.S, Code) forbid the vnwuihurlewd qui luclot of Blank forms by any means inciuding facaimile or commputcrtcod forma, MSR-4 =—-Rev. 9/97 ~~ 61987 Florida Association of Arattons® All Rights Reserved ADM. STRATIVE COMPLAINT. , PALE JE or 3 a qh a SUNTRUST BANK, MIAMI : Page 1 of 1 PRIVATE BANKING - CORAL GABLES 66/£00/0702/0 /00 P OQ BOX 620547 . . 0802001033762 ORLANDO, FL 32862-0547 ——-_— 11/30/2081 Account SUNT RUST Statement HARVARD REALTY INC Questions? Please call TRUST ACCOUNT (305)591-6000 9130 S DADELAND BLVD STE 1613 , MIAMI FL 33156-7851 THANK YOU FOR BANKING WITH SUNTRUST. TO LEARN MORE ABOUT HOW SUNTRUST CAN MEET YOUR FINANCIAL SERVICES NEEDS, PLEASE VISIT QUR WEB SITE AT WWW.SUNTRUST.COM. Account Account Type Account Number Statement Period Taxpayer ID Summary . BUSINESS SUPER MONEY MARKET 0802001033762 11/01/2001 - 11/30/2001 59-2407918 . Description Amount Description . Amount Beginning Balance $226,181.74 Average Balance $225,537.38 © Deposits/Credits $396.67 Average Collected Balance . $225,537.38 Checks a $.00 Number of Days in Statement Period 30 Withdrawals/Debits “$1,095.97 Annual Percentage Yield Eamed 2.16% Ending Balance 225,482.44 Interest Paid Year to Date $2,454.43 Deposits/ Date Amount Serial # Description Credits 11/30 . 396,67 INTEREST PAID THIS STATEMENT THRU 11/30 Deposits/Credits: 1 Total Items Deposited: 0 * Withdrawals/ Date Amount Serial # Description Debits Paid 11/13 1,095.97 ELECTRONIC/ACH DEBIT BANK702 IC PAYMENT 70208199050001 Withdrawals/Debits: 1 . Balance Date Balance Collected Date : Balance Collected Activity Balance Balance History 11/01 226,181.74 226,181.74 11/30 225,482.44 225,482.44 1113 _. 225,085.77, s,s: 225,085.77. |} __. . ; ADME 7 ATIVE COMPLAINT . Pall DD os in. ko _ Momba. CNT

Docket for Case No: 02-004588

Issue Date	Proceedings
Mar. 05, 2003	Order Closing File issued. CASE CLOSED.
Mar. 04, 2003	Subpoena for Administrative Final Hearing (filed by G. Efthimiou via facsimile).
Mar. 03, 2003	Objection to Petitioner`s Motion to Relinquish Jurisdiction (filed by Respondent via facsimile).
Feb. 26, 2003	Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile).
Jan. 24, 2003	Order Granting Continuance and Re-scheduling Video Teleconference issued (video hearing set for March 7, 2003; 9:00 a.m.; Miami and Tallahassee, FL).
Jan. 21, 2003	Request for Continuance filed by Respondent.
Dec. 11, 2002	Notice of Hearing issued (hearing set for January 29, 2003; 9:00 a.m.; Miami, FL).
Dec. 03, 2002	Joint Response to Initial Order (filed by Petitioner via facsimile).
Nov. 27, 2002	Petitioner`s Second Request for Admissions and Interrogatories filed.
Nov. 27, 2002	Notice of Appearance (filed by G. Efthimiou).
Nov. 27, 2002	Administrative Complaint filed.
Nov. 27, 2002	Amended Election of Rights filed.
Nov. 27, 2002	Agency referral filed.
Nov. 27, 2002	Initial Order issued.