STATE OF FLORIDA ofa Py DEPARTMENT OF BUSINESS AND PROFESSIONAL are ION ©. FLORIDA REAL ESTATE COMMISSION, , Dy. 4 a } FREE 4 "0 : oy 0 FLORIDA DEPARTMENT OF BUSINESS toe PRs Oe AND PROFESSIONAL REGULATION, Mg Gy / es DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 200184164 200180868 MARIO FAZIO, 200081771 BARBARA KILBUSZ, 200084163 EAGLE TRACE REALTY, INC. AND 200180869 EAGLE TRACE PROPERTIES, INC. Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Mario Fazio, Barbara Kilbusz, Eagle Trace Realty, Inc. and Eagle Trace Properties, 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 Mario Fazio is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 3007333 and 3004851 in accordance with Chapter 475 of the Florida Statutes. The last licenses issued were as a broker at Eagle Trace Properties, Inc., 11800 Lakeview Drive, Coral Springs, Florida 33071 and Eagle Trace Realty, Inc., 11800 Lakeview Drive, FDBPR v. Mario Fazio Case No. 200084164 Administrative Complaint Coral Springs, Florida 33071. 3. Respondent Barbara Kolbusz is a licensed Florida real estate broker, issued license number 618352 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker at Eagle Trace Properties, Inc., 11800 Lakeview Drive, Coral Springs, Florida 33071. 4. Respondent Eagle Trace Realty, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1006046 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 11800 Lakeview Drive, Coral Springs, Florida 33071. 5. At all times material hereto, Respondent Mario Fazio was licensed and operating as qualifying broker and officer of Respondent Eagle Trace Realty, Inc. and Respondent Eagle Trace Properties, Inc. 6. Respondent Eagle Trace Properties, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 1008785 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 11800 Lakeview Drive, Coral Springs, Florida 33071. 7. At all times material, Respondent Kolbusz was a broker-salesperson for Respondent Eagle Trace Realty, Inc. 8. Respondent Kolbusz is a licensed mortgage broker. 9. On or about April 27, 1998, Respondents facilitated a contract for sale and purchase between Richard Reynolds (“Richard”) and Cheryl Reynolds (“Cheryl”) and Richard Jack and Chery Dunham. Regarding real property commonly known as 2550 114" Avenue, Coral Springs, Florida. FDBPR v. Mario Fazio Case No. 200084164 Administrative Complaint Copy of Contract is attached and incorporated as Administrative Complaint Exhibit 1. 10. Respondent Kolbusz was the mortgage broker in the above-referenced transaction for Cendant Mortgage Corp., (“Cendant”) who financed the purchase for Richard and Cheryl. 11. Cendant financed the purchase for $227,000. 12. In and around April of 1999, Richard and Cheryl contacted Respondents requesting information concerning possible refinancing of the mortgage. 13. Respondent Kolbusz informed Richard and Cheryl that they could only refinance if Cheryl sold the home to Richard. 14. On or about April 30, 1999, Respondents facilitated and encouraged Richard and Cheryl to sign a purchase and sale contract (“Oleyar to Reynolds Contract”). Copy of contract is attached and incorporated as Administrative Complaint Exhibit 2. 15. At the time of the Oleyar to Reynolds contract, Richard and Cheryl were married and living together at subject property. 16. Respondents prepared a deed listing Cheryl’s maiden name, Oleyar, as her last name, and representing Cheryl as a “single woman” and Richard as a “Single Man.” Copy of warranty deed is attached and incorporated as Administrative Complaint Exhibit 3. 17. Respondents increased the mortgage amount for the Oleyar to Reynolds Contract to $273, 000. 18. Respondents received a commission of approximately $23,000 from above-referenced transaction. Copy of Settlement Statement is attached and incorporated as Administrative Complaint Exhibit 4. 19. The Respondents caused to be created an entry in the settlement statement, that FDBPR v. Mario Fazio Case No. 200084164 Administrative Complaint represented that Richard made a downpayment of $28, 898.10 for subject property. 20. Richard never made downpayment of $28,898.10. 21. Respondents, by misrepresenting Cheryl’s marital and homestead status, intended to artificially inflate the value of subject property and defraud First American Title Agency, and Cendant. 22. On or about April 14, 1999, with encouragement and facilitation of Respondents, Cheryl signed a contract to purchase real property commonly known as 11999 Classic Drive Coral Springs, Florida. Copy of purchase and sale contract is attached and incorporated as Administrative Complaint Exhibit 5. 23. Respondents were transaction brokers for the above-referenced transaction. 24. Respondent Kolbusz was the mortgage broker. 25. The new deed giving Cheryl & Richard title to said property lists owners as a “Single Man and Single Woman,” which Respondents knew to be false. 26. The Respondents, by misrepresenting Cheryl & Richard as unmarried persons, intended to defraud All County Title Company, the title insurance company, and Cendant, the lender in the transaction. COUNT I Based upon the foregoing, Respondent Mario Fazio is guilty of dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT If Based upon the foregoing, Respondent Mario Fazio is guilty of having placed, or caused to be FDBPR v. Mario Fazio Case No. 200084164 Administrative Complaint placed, upon the public records of the County, any contract, assignment, deed, will, mortgage, lien, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to him to be false, void, or not authorized to placed of record or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesperson or other person, or for any unlawful purpose in violation of Section 475.42(1)@), Florida Statutes and, therefore, in violation of Section 475.25(1)(a), Florida Statutes. COUNT Ii Based upon the foregoing, Respondent Barbara Kilbusz is guilty of dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Barbara Kilbusz is guilty of having placed, or caused to be placed, upon the public records of the County, any contract, assignment, deed, will, mortgage, lien, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to him to be false, void, or not authorized to placed of record or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesperson or other person, or for any unlawful purpose in violation of Section 475.42(1)(j), Florida Statutes and, therefore, in violation of Section 475.25(1)(a), Florida Statutes. FDBPR v. Mario Fazio Case No. 200084164 Administrative Complaint COUNT V Based upon the foregoing, Respondent Eagle Trace Realty, Inc. is guilty of dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT VI Based upon the foregoing, Respondent Eagle Trace Realty, Inc. is guilty of having placed, or caused to be placed, upon the public records of the County, any contract, assignment, deed, will, mortgage, lien, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to him to be false, void, or not authorized to placed of record or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesperson or other person, or for any unlawful purpose in violation of Section 475.42(1)(j), Florida Statutes and, therefore, in violation of Section 475.25(1)(a), Florida Statutes. COUNT VII Based upon the foregoing, Respondent Eagle Trace Properties, Inc. is guilty of dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT VII Based upon the foregoing, Respondent Eagle Trace Properties, Inc. is guilty of having placed, or caused to be placed, upon the public records of the County, any contract, assignment, deed, will, mortgage, lien, affidavit, or other writing which purports to affect the title of, or encumber, any real FDBPR v. Mario Fazio Case No. 200084164 Administrative Complaint property if the same is known to him to be false, void, or not authorized to placed of record or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesperson or other person, or for any unlawful purpose in violation of Section 475.42(1)(j), Florida Statutes and, therefore, in violation of Section 475.25(1)(a), Florida Statutes. FURTHER ESSENTIAL ALELGATIONS OF MATERIAL FACT 27. Petitioner realleges and incorporates herein Paragraphs One through Nine. 28. During the period between September of 1998 and March 3, 2001 (“Management Period”), Respondents Fazio and Eagle Trace Realty, Inc. (“Respondents”) managed a property (“Property”) commonly known as 10021 NW 56" Street, Coral Springs, Florida for Michael Palefsky (“Owner”). 29. As part of the management agreement Respondent agreed to accept rent payments from tenants of property on behalf of Owner. 30. Pursuant to an agreement with Owner, Respondents agreed to pay mortgage payments for Owner associated with Property, out of the rental proceeds from Property. 31. Respondents received rental proceed checks for Property from tenants of Property during Management Period and deposited them into their operating account at Republic Security Bank #267090617. 32. Respondents did not forward any rental proceeds to Owner. 33. Respondents represented to Owner that there were no surplus proceeds due Owner after costs and mortgage payments were deducted. FDBPR v. Mario Fazio Case No. 200084164 Administrative Complaint 34. Beginning on or about June of 2000, Respondents failed to make mortgage payments associated with Property. 35. On or about July 11, 2001, Petitioner’s investigator requested Respondents to produce records of payments made by Respondents in connection with property in 1998 and 1999, 36. On or about July 11, 2001, Respondents were unable to produce above-referenced records. COUNT IX Based upon the foregoing, Respondent Mario Fazio is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT X Based upon the foregoing, Respondent Mario Fazio is guilty of breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT XI Based upon the foregoing, Respondent Mario Fazio is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an accurate account of all trust fund transactions in violation of Rule 61J2-14.012(1), Florida Administrative Code and Section 475.5015, Florida Statutes, and, therefore, in violation of Section 475.25(1)(e), the Florida Statutes. COUNT XI Based upon the foregoing, Respondent Eagle Trace Realty, Inc. is guilty of failure to immediately deposit trust funds in violation of Rule 61J2-14.010 of the Florida Administrative Code FDBPR v. Mario Fazio Case No. 200084164 Administrative Complaint and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT XIII Based upon the foregoing, Respondent Eagle Trace Realty, Inc. is guilty of breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT XIV Based upon the foregoing, Respondent Eagle Trace Realty, Inc. is guilty of failure to preserve and make available to the Petitioner, all books, records, and supporting documents and failed to keep an accurate account of all trust fund transactions in violation of Rule 61J2-14.012(1), Florida Administrative Code and Section 475.5015, Florida Statutes, and, therefore, in violation of Section 475.25(1)(e), the 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 Section 475.25(1), Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), FDBPR v. Mario Fazio Case No. 200084164 Admunistrative Complaint include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this /“(__dayof Dé vuber , 2002. ent of Business and ofessional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Beerintant t FILED... CHRISTOPHER J. DE COSTA Di i} of Professional Regul ty Florida Bar N° 0271410 vision of Real Estate . Senior Attorney, Real Estate aA : Department of Business and : . Professional Regulation, Legal Section - Suite N 308 Ad Date 144 /: oe Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX 10 FDBPR v. Mario Fazio Case No. 200084164 Administrative Complaint CD/k PCP: NM/PH 12/02 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. 11 _ DEPOSIT, RECEIPT AND CONTRACT FOR SALE AND PURCHASE (IF FHA, YA ‘gi, CONDOMINIUM/HOMEOWNER'S ASSOCIATION CONTRACT, ADDENDUM REQUIRED.) BUYER re 390-1014 hereby agree that the Sellar shall sell and Guyer shall buy the following real property (‘Real Property”) and personal properly (‘Personalty’) (collectively “Property’) upon the fotiowing terms and conditions which include the Standards for Real Estate Transactions included herein ("Standards") and any g }dum to this Contract, oa 1, LEGAL “4 of real estate jacated in County, Florida, Tex Folios 7&4 /ADO32A AxX Coad Splag) Cigag Cb 1 COMPLETE PROPERTY ADDRESS: ‘acc 6 CU¢ se. la Lg 2 3065— cncarena) .2 Seller represents that the property can Ke ed for the following purposes: 2, PERSONAL PROPERTY INCLUDED: All fixed Squipment, all window screens, treatments and hardware, all wall-to-wall or attached tot coverings and attached lighting fixtures as stalled on said property. Also included are the checked major appliances: range, tetrigarator _y-~ dishwasher migjowave oven ___, trash compactor washer, dryer ceiling tans____. poot cleaning spent “1 ADDITIONAL PERSONAL PROPERTY newoet Psd, MLS FPO 222 .2 PERSONAL PROPERTY NOT INCLUDED: . Ss 3 LEASED EQUIPMENT: Ve a L . A. Me 3. PURCHASE PRICE IS: (InUS. tunds)..........000 00 fn @ Tere Lecttseetereseree § ABI 600.¢ METHOD OF PAYMENT: 1 Deposit herewith .ecvieesieeeceseeeereeteeteeee pe ecerest Qa eieceeereeeeeee LS 00 .re "2. Additional deposit due within © United States barking one eater date of acchptance. ®, s/f FOO.+% pL ee Tima is of the essence as to additional deposit... ,.-... 7.82 27 060-6 ALL DEPOSITS TO BE HELD BY: .3 Amount of new note and mortgage Io be executed by the TYPE OF MORTGAGE: Ss (CHECK ONE) ( ) Conventional, (| )FHA, (| )VA (# FHAor VA sde‘Addendum) (CHECK ONFA £1 Pra sand Term Years : ma 201 gre 7 ot A NOTE FROM= a = — io Bijer approximapy,.....$_— O Nat a = toe fear i, ae Se (cr on ee 5 Ball _ 7 ‘stun Deter =e 5 Pur nase money ortgage, /) e .8 TOTAL PURCHASE PRICE. 4. TIME FOR ACCEPTANCE: I, by 5:00 p.m. all parties or their agents, this offer is withdrawn and all deposit(s) will be returned to the Buyer. ve 5. FACSIMILE: A legible tacsimile copy of this Contract and any signatures hereon shall be considered for all purposes as originals. 6. CLOSING QATE: This Contjact shall be ciosed and the deed and possession shall be delivered on or before the day of +19, unless extended by other provisions of this Contract or separate agreement, 42 PAGE 1 OF 4 For F501 (Revsed 705, My ue 14, ENVIFONMENTAL CONDITION: Setter is not aware of any prior of existing environmental conditon, sityation or incident on, at, oF concerning the subject property or any adjacent property that may give riso 9 against Seller or the subject property to an action or to Eabilty under any law, rule, ordinance or common law theory, This representation shaf survive the closing, 15, INSURANCE & SERVICE CONTRACTS: The premium on any hazard or flood insurance policy in force covering improvements on the subject property, shat be prorated between the parties, i! assumed, If insurance is to be prorated, the Sefer shall, on or belore the closing date, furnish to the Buyer af insurance policies or copies thercol. The Buyer has the option of accepting © rejecting any contievation ol service contact. Il accepled, the charge thereot shal bo prorated providing the service contractis assignable to Buyer. Any Lransfer feu shai be bome by the Buyer. . 16 LEASES: The Seller shall, ten (10) days prior to closing, furnish to Buyer copies of all writen leases and estoppel leters kom each tenant specifying the natura anc duration et said tenant's occupancy. rental rate, edvance rents or seeurity daposiis paid by tenant In the event Seller is unable tp obtain estoppel Ieters trom tonants, the same information may be furnished by Seller to Buyer in the form of a selers alfidavit, Unless indicated under special clauses, at closing there shall be 10 lease oF right of oocupancy enoumbasing the property. . : 17. SELLEA'S AFFIDAVIT: Soller shall tumish io Buyar at time of closing an affidavit atesting to the absence of any financing statements, claims of fien or potental lienors known to Seller. {! the property has been improved within ninety (90) days prior 10 closing, Sefer shail deliver to Buyer an affidavit serting lor names and addresses af all contractors, subcontractors, suppliers and malerialmen and stating that af bills for work on subject property have been paid, and Guyer may require retcases of all such potential liens, Furthormore, the atfidavit shall state that there are no matters pending against the affiant that could give nse to a hen thal would attach to the property between the disbursing of tye closing funds and tha recording of the insrument of conveyance, and thal Seller has not, and will nol, execute any instrument that could adversely alfect the tite to,the property 1. PLACE OF CLOSING: Closing shail be held at the office of the Buyer's closing agent, il located within the county where te property is located, and # not, hon at the olfce of Satier’s agent, if located within the county where the property is located, and if nol, then at such place as mutuaty agreed upon. 19. DOCUMENTS FOR CLOSING: Seller shaft prepare and provide deed, purchase money mortgage and nate, assignment ol feases, bis af sale, Seller's affidavits regarding fons, FIRPTA atfdavil, survey ar atfdavil regarding coastal construction contro! bine, F.S. 163.57, if applicable, and any corrective instruments thal may be requited in connection with parecting the litle, Buyer's dosing agent shall prepare closing stolement. . 20 EXPENSES: Abstracting prior la closing, slate documentary slamps on the deed and the cost of recording any corrective instruments, shall be paid by the Setter. Intangible porsonal property taxes and documentary stamps 10 be affixed 10 the purchase money mortgage, if any, oF required on any morgage modileahon, the cost of recording the deed and purchase money miorigage and documentary stamps and recording costs assessed in connection wilh assumption of any existing morgage shall be paid by the Buyer. : 21 PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall ba prorated on the curent year's tax, i known. Il the closing occurs at a date when the cuttent year’s taxes are not fixed, and the current year’s assessmont is availabla, taxes will be proratad based upon such assessment and the prior year’s millage. ithe current year's assossment is nol available, then taxes will be prorated on the prior year's tax; provided, however, il there are completed improvements en the subject premises by January ‘sto! the year ol closing, which improvements were atin existence on January Ist of he prior year, then the lanes shall be prorated to tha dato of closing based upan the prior yoar’s millage and at an equitable assessment to be agreed upon between the parties, lating which, requests will be made lo the county tax assessor for an inlormal assessment laking into consideration homeslead exemption, if any. However, any tax proraton based on an estimate may, at the request of either party to the transaction, be subsequently readjusted upon receipt of tax bil, and this agreoment shot survive the closing. All such proralions whether basod on actual tax oF estimated tax wil make sppropriate alowanco tor the maximum allowable discount and tor homestead or other exemptions il allowed for the euent year. 22. PRGRATIONS AND ESCROW BALANCE: Taxes, insurance, assumed interes!, uiliies, cents. and other expenses and revenue of said property shaft be prorated through the day prior to closing. In the event that Buyar assumes a morigage, Saller shal recoive as cracil at closing an amount equal to the escrow turds hold by tha morigagce, which lunds shalt thereupon be tansterted to the Buyer. 23. SPECIAL ASSESSMENT LIENS: Cenifed, confirmed and ratified special assessment hens as of the effective date of contract ate to be paid by the Seller. Pending liens as ol the etfectve date of this convract shall be assumed by the Buyer. 24 RISK OF LOSS: Il the improvements are damaged by fire or other casualty betore delivery ol the deed and can be restored to substantially the same condition as now existing within a periad al sixty (60) days thereatter, Seller may restore the improvements and the closing date and dale of delivery o! possession shall be extended accordingly. tt Softer lails to do so, the Buyer shal have the option ol (1) taking the property as is together with insurance proceeds, ifany, of (2) lerminating the Contract and all deposits wil be retumed to the Buyer and the parties released of any luther obligations herein 25, TINE: Time petiods herein of ess than 6 days shallin the computation exclude Saturdays, Sundays and state or national legal hofdays, and any time poriod provided for herein which shail end on Saturday, Sunday or legal holiday shal extend to 5:00 p.m. of the next business day. 2%, PROCEEDS OF SALE AND CLOSING PROCEDURE: The decd shal be recorded and evidence al the Ste continued at Buyer's expense, to show lite in Buyer, without any éncumbrances or changes which would render Seller's ttle unmarketable, trom the date of the last evidence, and the cash proceeds ol sale may be heldin escrow by Seller's atiomey or by such other escrow agenl a3 may be mutually agreed upon lar a period ol not longer than ten {10) days. If Sefers lite 1s rendoted unmarketable, Buyer's closing agent shall, within said ton (10) day period, notity Setter or Seller's atiomey in writing of the delect, and Sefer shalt have thity (20) days ftom date of receipt of such notice to cure sokd delact and shall use best efforts 10 do $0. In the event Sefer fails 0 timely cure said detect, of monies 2aid hereunder by Buyer shal, upon writlen domand therelore, and within live (5) days thereatter, be retumed to Buyer and, simutaneously with such repayment, Buyer shall vacate the premises and reconvey the property in question to the Seller by special warranty dead. In the event Buyer fails to enake temely ‘demand {or rokind, he shall take tide as is, waiving all rights against Seller as to such intervening defect except such rights at may be dvaitable to Buyer by virwe ol warranties contained in deed. Possossion and occupancy will be delivered to Buyer at time of closing. The broker's professional service lee shall be disbursed simultaneously with disbursement of Seller's closing proceeds. All payments including morigage proceeds shall be made in the lorm of U.S cuwoney, cashier's check of equivalent drawn on a financial instituion with branches in Broward, Oade or Paim Beach County which must have al least one bronch in the county where the proparty is located, In the event a portion of the purchase price Is to be derived Irom institutional financing or refinancing, the requirements of the lending insbtution as to place, time and procedures for closing shalt control, anything in this Conlract to the contrary notwithstanding. The toregaing notwithstanding, if ttle insurance is avaiable, al standard cates insuring Buyer ps to any tite delects arising between the elfective date ol lille commitment and recording of Buyer's deed, proceeds of sales shal bo disbursed to tho Sefer at closing. . 27. ESCROW: Any escrow agant (“Agent”) receiving funds or equivalont is authorized and agrees by acceptance o! them ta deposit them promply, hold samc sn escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of hinds shall not excuse Buycr's parlorrmanea, ttin doubt as to Agont’s duties or tiabities under the provisions of Contact, Agent may. at Agent's option, continue to hold the subject matter of the ‘escrow until the parties munially agree to is disbursement, oF untl judgemont of a court of competent jurisdiction shafi detorming tho rights of tye parties or Agen! may de-osit with the clerk of the cizcuit court having jurisdiction of the dispute. Upon notiying all pares concamed cl such action, all Labity on the part of Agent shall tot, terminate, except to tha extent of accounting lor any items previously delivered out of escrow. Ha licensed real estate broker, Agent wil comply with provisions of Chapter 475, F.S. (1987), as amended, Any suit betwoen Buyer and Soler where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpieads tha subject matter of the escrow, Agent shal recover reasonable atiomey’s fees and costs incurred with the foes and costs to be charged and assessed as court costs in favor el the prevailing party. Parties agree that Agent shalt not be liable lo any party oF person for misdelivery to Buyer (or Seller of items subject to this escrow, unless such misdelivery is due to willl! breach of Convacl or gross negigence of Agent. 28 ATTORNEY FEES AND COSTS: fn connection with any arbitration oF litigation arising out of this Contact, the provailing pany. wheter Buyer, Seller or brokers, shall be entifod to recover all costs incurred including attornoy’s fees and fegal assistant foes lor services rendered in connection therewith, including appatiale proceedings and postudgerent proceedings. . 29. DEFAULT: In the event of default of either party, the rights of the non-detauliing party and the broker shall be as provided herein and such rights shail be doomed to be tha sole and exclusive rights in such event, If Buyer tails to perform any of the covenants of this Contract, all money pald of to be paid as deposils pursuant to this Coneact by the Buyer shall be retained by or for the account of the Seller as consideration for the executon of this Contact 23 agreed ang liquidated damages and in lull settlement of any claims for damages and specif performance by tho Seller against the Buyer. Ml Sellar Iails to perform any ol the covenants ol this Contract, all money paid or deposited pursuant to this Contract by the Buyer shall ba retumcd to the Buyer upon demand, or the Buyer shall have the right of specific perlormance. in addition, Seller shall pay lorthwith to broker the full professional service fee provided for in this Contract. Any conteversy or claim between Buyer and Sefer arising out of o¢ relating to this Contract, or a breach thereol, may be submitted te mediation priot to arbitration 0 hitigation, Tho mechators fees shall be paid equally by the parties af the mediation., Any of the above proceedings shalt be brought in the county where the Reo Property is loetited and shatl be conducted pursuant to Florida Statutes relating 1 mediation, arbitration or Hégaton, . <0. CONTRACT NOT RECORDABLE AND PERSONS BOUND: The benefils and obligations ol the covenants herein shall inure to and bind the respectiv: heirs, represontalives, successors and assigns (when assignment is permitted) of the parties hereto, Whenever used, the singular number shal include the plural, the plural the singular, and the use of any gender shat! include aff genders, Neither this eonvact nor any notice shal be recorded.in any public records. 3). SURVIVAL OF COVENANTS AND SPECIAL COVENANTS: Seller cavenants and warrants that there is ingress and egress to subject property ove public or private roads or easemonts, Seller specificaly acknowiedges and understands that if Seller knows of latent datects materially atlecting the value of th: Property, which are detects not readily observable, then Sollor is under a duty 10 disclose Said latent delects to the Buyer. Soller represents thal if Seller knows c said latent deleets, they ara set forth in writing under the “Special Clauses” provision bolw or have been separately disclosed and acknowledged in writing to Fv Buyer. Seller and Buyer agree to indemnity and hold harmless Brokers kom damages resulting trom the inaccuracy of said inlormation. The covenants in thi paragraph shall survive éetivery ol decd. No othor provision, covenant or warranty of this Contract shall survive the defivery of the deed excep! as express! provided herein PAGE3 OF 4 (Perens 705, 4 f 32 FINALAGREEMENT: This Gontract represents the finel agreement of ths parties and no agreements or representations, untats incorporated into this Contract, shall be binding on any of the partes. Typewninen provisions shall supersede printed provisions and handwritten provisions shell supersede typewritten and’ printed provisione, Such handwriton or lypewritien provisions as are appropriate may be inserted on this form or attached hereto as an addendum, The ettoctive data of this Can ict shail be the day upon which It becomes huly executed by al partes. 3, CONCURRENCY*No representation Is made regarding the abifiy to change the current use of, or improve, the subject property under the Local Govermert Comprohersiie Planning and Land Development Regutation Act (Chapter 169 et seq, Flotida Statutes) or any comprehensive plan or other simiar ordinance promulgated by Sdatraling governmental authorities in socorderice with the Act 34. FIRPTA: All partes and btvised that the [.A.S. coda requires the Buyer ip wthhold fen percent (10%) of fhe enkcs price for tax on uales by contain loroigners. “The tax wil be withheld unles? etidavits of compliance with the LS. code or an 1.A.S. qualifying statement are provided to Buyer at closing, 35. OISCLOSURES: 1 Radon Gas; Radon ix abadrety cocurring radioactive gas that, when it has sccurhulated in 2 building in sufficient quantites, may present health risks » persons who are exposed to Koval me. Lavela of radon fhat exceed federal and state quidefines have been found in buikinge in Florida, Additonal information regarding radon end radon testing mEy be obtained from your county public heath unit, 2 Enermy-Eficiency Rating: “ifeccordance with the Florida Building Energy-Elfictency Rating Act (Chap¥er 559, Part Xi F.S. (1993}}, the Buyer of Real Property with & building for occuparcf located thereen is'notified that the Buyer may have the bullding’s energy-elficiency rating determined.” Buyer acknowledges receipt of the “Florida Buticing Energy-Eificicney Rating System” Disclosure, - 7 Closing Costs: Buyer may be required to pay additéna! closing costs, Including but net imkted to: attorney's fees, ensualty Insurance premiums, propery tax proraton, recording costs, sUfvey costs, end coit¥ associated with obtaining financing, such es: application fee, appralsal fee, crecit repart fee, ‘owner and mortgages tite Insurance promiuth;taxes, and points Ressornpton fee, SPECIAL CLAYSES: - A a we . . : ll ww i Ha breerecol Atal 2atale Agen io @ Leth, wll alae boimira Certo AAs Cmdditreh, anciogu _ 4 Ow ADDENOUM(S), BUYER Oata 3120 19. 9B date, 2 419. oS S Social Security or Tax 1.0. # Social SRurty or Tax 1.00 oo Deposit received on 19.___ tobe hold subjeGhro this Contract li check, subject to clearance. Escrow Agant: Ss ae © o ACCEPTANCE OF CONTRACT & PROFESSIONAL SERVICE FEE: The Seller nerebfadproves and acedpis the offer contained herein and recognizes coe a3 Listifig Broker in this transaction, Address: Phone No. & BrokbefILS tor {222 AND nae fe Pau i ce, Reals, "A_ as Selling Stoker in this transaction. Address: Phone No. AN Brokermisios £770 ae — (CHECK and COMPLETE THE ONE APPLICABLE) A, A WRITTEN LISTING AGREEMENT IS CURRENTLY IN EFFECT: a Soller agroos to pay the Broker(s) named above according to the terms of an existing, soparife written professional service foe agreement; oR S () (F NO WRITTEN LISTING AGREEMENT IS CURRENTLY IN EFFECT: Soller shall pay the Broker(s) named abova, at closing, from the disbursements of the proceeds Ofghe sale, professional service fac in the amount of (COMPLETE ONLY ONE) % of gross purchase price OR $, AL, for Broker{s) s ollacting the sale by finding the Buyar ready willing and able lo purchase pursuant to ihe loregoli tract. M Buy perform and daposit(s) is retained, 50% thereof, but not exceeding the Broker's fee above provid be paid Broker, as ful consideration for Broker's sarvices including costs expended by Broker, and tha balance shail be paid (eller. : > seten___"/ SELLER (A Date 19 Date. 3-320 19_98 Social Sacurity or Tax LD. # Sociat Security or Tax 1D. # THIS 1S INTENDED TO BE A LEGALLY BINDING CONTRACT. If not fully understood, seek the advice of an attomey prior to signing. This form has been approved by the Broward County Bar Associaton and the REALTOR Associaton of Greater Fert Laudardste, Inc. Approval does not consinute an opinion fal any ‘ol the terms and conditions in this Contract should be accepted by the partes in @ particular bansaction. Terms and conditions should be negotiated based upon the respective interests, objections and bargaining positions of all interested parties PAGE 40F 4 (Retead 799) : 4 ALS Gyunates wrualed a nr) a ae $e OEPOSIT RECEIPT AND CONTRACT FOR SALE AND PURCHASE 6 cits FHATVA or CONDOMINIUMIHOMEOWNER'S ASSOCIATION CONTRACT, ACDENDUM REQUIRED.) 7 oom . 5 BUYER, % Bcnann wo 7 7 9 SELLER, = Charu Ol 24 ; 10 Buyer and Seller hereby agree That Seller shalt selt and Guyer shall buy ihe following real property (Rea! Property”) 81 tL personal property (Persogalty) (collectively Property?) upon the following teams and conditions and any addendum 12 this Contract. +, 13. 1, LEGAL DESCRIPTION Heal estale located int 3 DUWJACC County, Florida, TAX FOLIO # | 8 / t AY, vi 13 oS Q 16 oe 2D v7 on ~ a ¥,, 2D, +t . 19 1,1 COMPLETE PROPERTY ADDRESS: o Vv Yaxel4 20 (Cay) ip) e (Addrets) 21 41.2 Seller represents that the Propartyan be used fofths following purposes: 22 2. PERSONAL PROPERTY INCLUDED, All fi Iterns Including: all landscaping; window screens, wine 23 treatments and hardware; wall-to-wall or agacned foor€Qverings and attached lighting fixtures as now installed on. 24 Real Property. Aso Included are tha foil 9 checked fems: 25 fange, shall usa peavelfons to oblain releases of canal reservations, oil, gas $_ and/or mineral reservations, If any. Failure to tease reservalipns of right of entry for olf, mineral and gas reservations shall constilute a tille defect. o 7 10.3 TITLE OEFECTS: Buyer shail have ten (Nofgays from thefdate of recelving evidence of ttle to examine same. if 34 Mille Is found to ba defective, Buyer shall wilhin ld perlod, ndilty Seller In waiting specitying the defects, If such 0 10 if > orized Represenialive shall include: Seller tn this transaction (as lo the party the storey defects render the lille unmarketable, Seller shalt have thirty (30,.days from the recelpt of such notice to cure the defocts, and If ater said period Selter shall not have edited the defects, Buyer shall have the opllon of (1) accepting life as it then Is; of (2) terminating this Contract by delivery ot yritten nolife to Seller or his Authorized Representative, and 12. deposits shall be returned to Buyer and alt parties shall be Teleased fr all further obligations herela, 11. SURVEY: Buyer, at Buyer's expense, within the time alipwed to delivéc evidence of tille and to examine’ same. may 1% have the Real Property surveyed and certified by a fegisleted Florida sOmeyor. If the survey shows encroachment on {3 Real Property or that Improvements located on Real Propenee croach orSZelback lines, easements, lands of olhers, of '6 violate any restrictions, contract covenants of applicable govemmental fegulallon, tha same shall constitute a lille 7 defect. tf the Property is localed east of the Intracoastal Walepway it may pg affected by the Coastal Construction 18 Control Line as defined in F,S. 161.053. iy s @. 19 12, CONVEYANCE: Seller shall convey tille to Real Property by sbalulory warranty, of fiduclary special warranty deed, 20 if applicable, subject only to land use designation, zoning restrictions, prohibitions-and other requirements Imposed by 21 governmental authority; restriclions, easements and matiers appeatng on thepjat or otherwise common to Ike’ 22 subdivision; public utility easements of record which are localed canfijugus to rea roperty lines and not more than ten (10) feet in width as lo the rear or front ines and 7 1/2 feet In widlt@s to the sldeines (unless otherwise specihed 28 herein), taxes for year of closing and subsequent years; assumed morgages and purcBase money morigages, if any, 25 (provided there exls{s al closing no violation of the foregoing and none of 1 m prevents the use of the Property for ihe purpose tepresented In thls Contract); matters contained Ia this Contract aiid matters wise accepted by Buyer, 21 Personality shall, al request of Buyer, be transfered by an absolute bill of saleGAth warranty pf tItle, subject only lo such 24. matters as are olhemise provided hereln. “~ sz 29 13, EXISTING MORTGAGES: Seller shall obtain and fumish a statement Yom ihe morigagee setting forth the principal balance, method of payment, interest rale, and whether the mortgage Js intgood standifg. If there are charges for the change of ownership, Including ‘charges for assumption, they shail be patd-by Buyer ul Ness the total charges exceed one percent (1%) of the unpaid balance of the morgage. If the total cost’of the above Items exceed one percent (1%) of the unpaid balance of the mortgage to be assumed, then elther partDshall have the option of pating any amount In excess so that the entire cost Is pald, and thls Contract shall remaln in {l-force and effect. However, if neither party agrees to pay the additional amount, then, either party may lerminale thls Gontract by delivery c. written notice to the other party or his Authorized Representalive, and deposlis shall be retumeddo Buyer and all parties shall 37 be released from all further obligalions herein. 3813.1 APPLICATION AND QUALIFICATION: Buyer shall make application for assumpllos the exlsling rongage 39 within ___ banking days (five (5) banking days If this blank Is not filled in) ater the Effecti ate, Buyer agrees to make a geod [alth, dillgent effort {o assume the exisling mortgage and agrees to execute all doDments required by the v3] mongagee for the assumption of said mongage. If the morigagee does not give written consent4o-permllt the Buyer to 2 assume the existing mortgage at the rate and terms of payment previously specified within ___ Banking days (twenty (20) banking days If this blank Is not filled in) after the Effective Oale, ellher pany may lermirfatethls Contract by delivery of written noilca to tha olher party of his Authorized Represenlalive, and deposits shail basrglumed to Buyer and all partles shall be released from all further obligations hereln. This Fight of termination shall c€ase upon Buyer cdtalalng written approval for assumption of the mortgage prior to the delivery of the notice of termination. 13.2 VARIANCE: Any variance in the amount of a mongage to be assumed and the amounl stated In the Contract shall te added to or deducted from the cash paymenl. I{ the morigage balance is more than three percent (3%) less han the amount Indicated in the Contract, Seller shalt have the option of adjusting the Purchase Price to an amount where Ihe cilferenUal Is no more than the three percent (3%) allowed, and If Seller declines to do so, hen elther pany may 51 \esminate this Contract by delivery of written notice to the other party of his Aulhorized Representative, and deposils 52 shall be retumed to Buyer and all panties shall te released (om all further obligations hereln. This nollce must be given “$3, nal less thaa five (5) days prior to the closing. 154 {$5 Fomsicon st 9 $30 PAGE 2 OF 6 (Rants 0d 0398) . mmm PROPERTY ADORESS: rest) (Ci 43.3 DISPOSITION OF ESCROW BALANCE: Il Buyer assumes a morgage, Seller shall receive as credit at closing an 59 amount equal to tne escrow funds held by the morgagee. which funds shall thereupon be transferred lo Buyer. If Buyer executes 3 mortgage, all costs and charges Incidental thereto shail be paid by zt Buyer. Except as hereinaher provided, any purchase money note and mongage to Seller shall follow a form with terms 52. generally accepted ‘and used by insiltullonal lenders doing business In the county where the Property Is located. A purchase money Mongage shall provide for an annual proof of payment of taxes and insurance against loss by fire wilh ‘2 extended coveraghin an amount not less than the full insurable value of the Improvements. A first morgage and note ts shalt provide for acé#leration at the option of ine holder after thirty (30) days defauit: for juntor mortgages this shall Dc 65 len (10) days. The nofo-shall provide for a lale charge of five percent (5%) of the payment due if payment Is receiver 67 by the morigagee more~yian len (10) days atler the due date and morigagee has not elected to accelerate. Junio 8$ mongages shail requiredthe owner of the Property encumbered lo keep all prior lens and encumbrances In goo $9 standing and shall forbid She owner from accepting modificalions of future advances under any prot morigages. An 570 prepayment shall apply against principal ampunts last maturing. 1h Ad PREQUALIFICATIONT2Mithin, days (five (5) banking days If this blank Is not filled injater the Effectiv 172. Oale, Buyer shall provide lo i Nera renee qom a Jender stating that, based on a review of Buyers application ar 17). credil report, Buyer Is prequa' for the rigage loan indicated in Paragraph 3.3 of thts Contract. It Buyer fails 124 provide such letter wilbin that tare, Seller m: erminate this Contract by dellvery of written notice to the other pary 175. his Authorized Representative andBeposits shalf.be returned to Buyer and all parties shall be teleased from all fun 126 obligations herein, This fight of te ation shall Gease upon Buyer obtaining a Joan commitment prior to Gelivery of ty 177 notice of tecmination. lol Co : (28. 14.2 APPLICATION ‘AND QUALIFICAHON: I this Contract provides for Buyer to obtain a new morgage, Ihea Buye 179 performance under this Contract shall-Re contingerfiqupon Buyer obtaining said mortgage financing upon the ten 180 slated, of If none are stated, then upon lfig.terms genefally prevailing at such time in the county where the Property is) located. Buyer agrees 10 apply within __O. banking d3y5 {five (8) banking days If this blank 1s nol filled In) after 182 Effective Dale and to make a good faith, Citigent effortto obtain morigage financing. if within panking 6 483 (thirty (30) banking days lf this blank Is not fillgd in) after inevElfective Date, Buyer falls 10 obtain a loan commitment ig ater diligent effort Buyer is not able to complgwith the tertnsvand conditions of the loan commitment, and Buyer 185 not waive Buyers nghts under this subparagraph within the Unie. stated for obtaining the commitment, then either p 186 may lerminate thls Contract by delivery of writtig notice tothe other party’ or his Authorized Répresentative, 187 deposits shail be retumed to Buyer and all partieszshall be celeased from all further obligations herein, This Agt 188 termination for failure to obtain a loan commitmenteshall ceasecupon Buyer obtaining a loan commitment pric 189 delivery of the notice of termination. tn, >, 190 15. \NSPECTIONS, REPAIR AND MAINTENANCE? Buyer shalt heye 191 seawall, dock, pool, electrical, plumbing. sprinkler system, windo@. septic system, radon, hazardous subsit 192 enviconmental, termite. wood destroying organism, air ‘conditioning a heating system, mechanica!, structural 19} other inspections made by inspectors qualified and licensed Jo perform sdGh services. All watlen reports of inspe< 194 together with the estimated cost of repairs and treatments. shall bestelivered to Seller or Seller's Authc 19$ Representative within fitteen (15) days after the Effective Da@except an destroying organism Inspection 1 196. shall be delivered nol later than 20 days prior fo closing date. TLguch report and esilmates are not delivered with 197 stated time, Buyer is deemed to have accepted the Property rasis.” Ih Seller 8 % grees With Buyers Inspection re 198 Seller shall have the right to have inspections made at Seller's ‘expense. Wt Buyer's and Seller's Inspection repo 199 mot agree, Ihe parties shall agree on 9 third Inspector, whose report shall be biding, The cost of ine third Ins 200. shall be paid equally by Buyer and Seller. . ye iS) 201 15.1 DEFECTS: 1{ inspections reveal {unetional defects. or if thef@,Js any tenrtilte or wood destroying ofc 202 infestation or damage. the cost of treatment and repait shall be at the xpense of séier. Age alone Is nota fun 203 defect nor are aesthetic + cracked root tiles; pl 4g marciie: missing of tom screens; 204 windows, tears, wom spots and discoloration of Noor coverings/wallpa| TshMindow treatments; nall holes, scr 20$ denis, scrapes, chips and cautking in cellings/walls/Mooringhiteltnas castenirrors, 4 minor cracks |r 206 tilesWindows/driveways/sidewalks/pcol decksgarage and patio floors. Sellerts not obligSted to bring any ite 207 compliance with existing building code regulations if such Item complied with te, buliding Cok regulations at the 208 was constructed unless necessary 10 repalra warranted Htem, 5 If the cost of repairs and treatments exceeds (2% of \KesPurchase Price Buyer or Seller may elect to pay such excess, falling wiléh, elther patty may termlr 241 Contract by delivery ‘ol written notice to the other party of his Authorized Representative and deposits shall be 312 to Buyer and all parties shail'be released (rom ail further obligations herein. O° 213. 15.3 WALK THROUGH INSPECTION: Buyer Js entitled lo a walk through Inspectlon“immediately prior to ¢’ 214 verity compliance with this section and to verify that ao major functional defects haGs-occures subsequel 215 inspections. Seller warrants that aN appliances and machinery included in this sale shall bein working order at 216 18.4 UTILITIES: Selier shall provide utility services for ail inspections. 217 nave the right to be present al the time of all inspections and shall be 218 inspections. 219 15.5 ESCROW FOR REPAIRS: If repairs and trealments are aot completed prior to 220 Lender, sufficient funds shall be ‘escrowed at closing to effect such repairs and \reatments. oe, 7 18.6 MAINTENANCE: Getween the Elfective Date and the closing, Seller shall maintain the Property. includ 222 fimited to the lawn and shrubbery, in the same condition as of the Effective Dato, ordinary wear and tear 223 Seller shall vacate the Property and remove all furniture and personal Items not Included In this Sale, and 224 Property ina clean, broom-swept condition before the time set for closing. wan 225 16. ENVIRONMENTAL CONDITION: Seller is nat aware of any prior or existing environmental sondiiton, ¢ 226 incident on, at, OF concerning the Property of any adjacent property that may give dse as agalnst Setler or th 227 to an action of to liabillty under any law, rule, ordinance oF common law theory. This representation shall: 28 closing. 8 1. INSURANCE: The premium on any hazard or flood Insurance policy in force covering Improveme 230 Property shall be prorated between the parties, if assumed. if Insurance Is to be prorated, Seller shall, 231 fumish to Buyer all Insurance policies or copies thereof. Vf insurance cannol be obtalned because of tro 332. activity, elthet party may delay closing until Insurance can be obtained. vA ce ai $ a +g the right, at Buyers expense, to have closing. unless prot ™ PAGE 3 OF 6 TY ADORESS: 2KSSO NW. ry AW (City) (2p) the prevaiting pany. Parlles agree that Escrow Agent shall not be lable to any party or person for misdelivery to Buyer of Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contracl or gross negligence of Escrow Agent. insurance proceeds, if any, of (2) terminating this Contract Representalive, and deposlis shall be felurned lo Buyer and herein. . 30. ASSIGNMENT: This Contracl is not assignable without the specific written consent of Seller if new mongage financing or an assumption of an existing mortgage is a conlingency, 31, ATTORNEY FEES AND COSTS: In connection with any arbitration or litlgation arlsing out of thls Contract, the prevailing pany to the arbitration and/or litigation, whether Buyer, Seller or Brokers, shall be entilled 10 recover all costs incurred including attorney's fees and legal assistant fees for services fendered in connection therewith, including appellate proceedings and postjudgement proceedings, 5 32, OEFAULT: If either Party defaulls, the rights of the non- -BuY : % Printed Name Dato ~ Soclal Seculy o Tex 1.0. # i) oo IFRECENED a a'Fax & b_~_): ei Fax ty am —— lajhe hetd subg to thls Contract; If check, subject to clearance, a ee > : Cy om . <26"\ACCEPTANCE OF CONTRACT & PROFESSIONAL s SERVIQS FEE: Th Spliar haraby approves and accepls tha otter 427 and ecogalzes = 4 as Usting Broker In this transaction ‘Bikar Mis 104 1D 7Q"yaspersons Ryle MLS IDB DON2ZAC 3 Solllng Broker Jn thls transaction, low. % & named above according to theirs of sting, separate written ————___ef. Buyer fallto perform and deposits jexcaeding the professional service fee, be evenly divided between Lisling Gensiderallon for Brokers’ services Including “asts expendéd by Brokers, and the . . A en icd6? a ssi ARS 1S CURRENTLY IN EFFECT: ° d abova, at closing, from tha proceeds of the so, @ professional servica fee of OMSLETE ONLY: ( E 4 of tho gross Purchase Pica OR $s for Broker(s) services 4S la aflecting the sale by, id Buyer teady willing and able to purchase pursuant lo the Contract, if Buyer falls to logn and deposils are ¢ od, 80% thereof, but not exceeding the professional service‘fgs, shall be evenly divided spapen far :Brokes and-Se. Broker, as {ull consideration for Brokers' services indiing costs expended by the balance:thall ba Y., paid to Seller, - ‘be ee SELLER * Piinted Nama ~ Date. . “, ADE Soctal Security of Tax 1.0, # ay ™ Fax#i(__)_ Contract, vaek the advice of an form has been approved by the ; foward Coun + wis; TOR® Associalon of Greater Fort Lauderdale, inc, Approval does nat consitule an Ad9apelneas at tha:ternig agi In tls Contract should-bs accepted by the partlas Ina particular bansacllon. Terms 460 and condllisns should be negolated based upon thé Tespective Interests, objections and bargalnlng positions of all paras, <6h- Fem PAGE 6 OF 6 (Ravaad came) aN 7 sare: 03K. 1 ZF) LKOLST ANG EISENSTEIi6-t & 1 sere THAGEOL : PL=00-30600-2 03/26/2000 12:22:10e0 Pago 1 of 2 This Warranty Deed (UNENERDI IAEA vide oh 300d ayo Ageia ( CuRRYL OLEYAR AKA ‘CHNATL asYNCLDS fingle woman and RICHARD RIVHOLD! von, often ison Seay sm 154 AVEROS, CORA. oF ¥ 23085 Grantana’ Sax Ta @ ¢Add~37-0672 spsec wh gees neala ots oe 9 te menor Te a a nk Win aon) wie evant a Se Tea ms ny svn, ve a ta lt me eaea cramveys a4 coasts waa Ge grabace, wl Cal cals bpd eats th arowerd Conmny. Porta, vie: wat 1, Block K ConaZ ZPADIOE COUNTRY CUE MEET, acnordisg ED the Pine thereat zecorded im Piet Seok 70, Pere fi. dublic Aeaccds #f Fraverd County, Ploride. Paxosl Tdentifivation tumbect 1030-09-22500 rh 2 ths trom, eedizvnens snd AVEC heen belonging ox La anyon nopecialeies, uc wee puter tae pad ‘ervby Ally wernt tn Mt in aan ec ofa ps ame SW MU fr ecanbrasn uaa nit crag Abu One! aT) fina Wheroal, 2 ota pauer 2a oped and lsh Gos re te deg cat poor fin akave y RIRYL OGNTAR AKL CHARTS BxYROLDS, 0 alagle man coral springs, Pile wor 2969CS © A U.S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT a. TYPE OF! LOAN SETTLEMENT STATEMENT . CJ ow 2) euna a. TX conv wy First American Title Insurance Company a . «Ow s CONV. INS, 1949 North University Drive . © FLENUMOER: 7. LOAN RUMOER: Coral Springs, FL 33071 2869CS 0406025 @ MORTGAGE INS, CASE NOE —— CO NOTE: This form is tumistiad to givo you a staiament of actual sctifemnont costs. Amounts paid to and by tho satilament agant are shown, fams ma “(p.0.c,)" were paid outside the closing: they are shown hare for informational purposes and are not included in thre totals, D. NAME OF GORROWER: RICHARD REYNOLDS a singic man. ADDNESSOF GORROWER: 2550 NW 114 AVENUE, CORAL SPRINGS, FLORIDA 33065 E, NAME OF SELLER: CHERYL OLEYAR AKA CHERYL REYNOLDS, a single woman and RICHARD ADORESSOF SELLER: = REYNOLDS, a single man 2550 NW 114 Avenue, Coral Springs, Florida 33065 F. NAME OF LENDER: CENDANT MORTGAGE CORPORATION ADDRESSOF LENDER:, . .' 6000 ATRIUM. WAY =MT..LAUREL, NJ 08054 G, PROPERTY Lot I, Block K, CORAL SPRINGS COUNTRY CLUB WEST, Bk 70, Pg 4 LOCATION: 2550 NW 114 Avenue . Coral Springs, Florida 33065 1H. SETILEMENTAGENT;” . First American Title Insurance Company * PLACE OF SETTLEMENT: . 1949 North, University Drive S Coral Springs, Fiorida 3307) 4. SETTLEMENTDATE: April 30, 1999 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100, GROSS AMOUNT DUE FROM Bt S OR Woo: GROSS. AMOUNT DUE TO SELLERS a0 iw 101. Contsact sates prica . 280,000. 00 401. Contract sales prico 102. Personal property 1402. Personal proporty 103, Settement charges lo borrower: l4o3. flrom fina 1400) 15,851.03 104, 404. 105. 405. ADJUSTMENTS FOR STEMS PAID RY SELLER IN ADVANCE: ADJUSTMENTS FOR [TEMS PAID SELLER IN ADVANCE: 106, CatyAown taxes 406. Cily/lown taxos + 107, County taxes: %% 407, County laxes to 108. Assossmenis . 10 408, Assessments 10 109. 403. 110, 410. AML all. 12 412. Y 120. GROSS AMOUNT OUE FROM BORROWER: = >| 303,851.03 [420. GROSS AMOUNT DUE TO SELLER: 288,000 500. REDUCTIONS IN’ANOUNT, QUE:TO SELLERS: 200, AMOUNTS PAID: BY.OR IN BEHALF OF BORAQWEA:. :-: 201. Deposit or earnest money 23,000.00 |s01. Excess deposit (see instructions) 23,000 202. Principal amount of new foan{s) 273, 600. 00 |[s02. Seniement charges 10 seller (line 1400) 29,943 203, Existing losn(s) taken subjoct Lo 503, Existing loan(s) laken subject to 204, 504. Payolt of first mongage loan Po- 232,144 205. 508. Payot of second morgage ican 206. S06. : 207, . 1507, wos 208. son. 209. ls09. ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: ADJUSTMENTS FOR STEMS UNPAID BY SELLER: 210. Citytown taxes to 510, Gityown taxes 0 211. County laxos = 1/1/99 to 4/30/99 1,352.93 |. 511. County taxes 1/1/99 tw 4/30/99 1,352 212. Assessmonts to ° 512. Assessmonts r) 213, : : 533. 214. 514, 215, 515. 216. : 516, ” 27. . Bi S17. 240, 518. 219. _ _ _ 519. 220. TOTAL PAID BYFOR ~~ lego, TOTAL REDUCTIONS BORROWER: id 297,952.93 §N AMOUNT DUE TO SELLER: [286,441 900. CASH AT SETTLEMENT. FROM/O.,. BORROWER: cca 600. CASHLAT SETTLEMENT. LOMAOM.- SELLER: S62 "[ 8 es 301, Gross amount due trom borrowar {lino 120) 303, B51. "03 1601. Gross amount due to seller fling 420) 288, 00¢ 902. Less amount paid by/or borrower {lina 220) (. 297,952. 93}}602. Less tolat reductions in amount due setter flina S20}( 286,44) 30a. CcasH = ¢ {R} FROM) ( ] 70) BORROWER: >; 5,898.20 603. CASH (Mro ¢O FROM SELLER: > are Foaa the” PTS-HUDT an Payoff{s}: PO- CENDANT MORTGAGE SERVTCr™ L SETTLEMENT CHARGES 700. TOTAL SALES/DACKER'S COMMISSION: $ e the PAID FROM PAID FRON DASED ON PRICE {DIVISION OF COMMISSION (LINE 709)'AS FOLLOWS: si Boron SELLER'S 70i.§ 23,000.00 ‘© at Engle Trace Realty, INC runes runs 702. $ . wo ' SETTLEMENT SETTLEMET 703, Commission paki al settlement 23,000. 704. Ta00. TEMS: PAYADIEIN CONNECTION Wirt Loaties F04 J"a01. Loan Origination eo i % 10 CENDANT MORTGAGE CORPORATION 2,736.00 ‘802. Loan Discount 1.125 % to CENDANT MORTGAGE CORPORATION 4,07 .00 003. Appraisal Fee to: POC @$500. TO EAGLE FINANCIAL SERV 204. Credit Report o: POC @$100, TO EAGLE FINANCIAL SERV 805. Lender's Inspection leo ‘ 806. Mongage Insurance application [eo to : 807. Assumption {ee _ 4 808. Tax Service Fec to TRANSAMERICA 75.00 609. FLOOD CERT to FDS! 15,50 810. DOC PREP to POC $500. TO EAGLE FINANCIAL SERV 611. UNDERWRITING FEE to POC $500. TO EAGLE FINANCIAL SERV Ie AEOUIRED DYLENDER TO BE PAID IN ADVANGE: © 5 901. ntarast ror. 04/30/99 0501/99 S341 ‘aay “83.44 962, Morigage insurance promium lor | me. 19. CENDANT MORTGAGE 177.84 902. Hazard insurance peomum or = «42a. (0 PELLERIN INSURANCE AGENCY, INC. 2,655.00 904. Flood Insurance Promtium (of 12. moto PELLERIN INSURANCE AGENCY, INC. 576.00 995. 4 s an 1000 RESERVES DEPOSITED WITH LENOER: ~ T0007 RESERVES DEPOSITED WITH LENDER Sn 1001, Hazard insuranco tmonhs @ $ ‘por month’ 1002. Mortgage inswranco mons @ $ por month 1003. City property axes months @ $ per month: 1004, County property taxas 8 months @$ 345.81 por month 2,766.48 1005. Anayal assessmenis months @'$ °°. pee month. Lo . . : 1006. Flood Insurance 3 months @$ 48.00 per month 144.00 1007. * Le months @ $ Sk par monin™ . ees : 1008, months @ § per month - Vow . . . ‘ : tage +4400" TITk E CHARGES: #2 a 1101. Savement of closing fee 19 First American Tille Insurance Company 100.00 10 1102, Abstract of tide, search to. First American Tide Insurance Company... 25 1103, Tio examinalion to First American Tite Insurance Company an . 75,00 4404, Tile Insurance bindar to les bea 4105. Document preparation lo First American Title Insurance Company | 15 1106, Notary lees 10. 1407. Attornoy's feos to finctudas above tems Numbers: ) 1400. Tie Insurance to. “First American Tide Insurance Company. 1,715.09 finctudas above hems Numbars: * * d 1109, Londer’s coverage = $273,600.00 1410. Ownar’s coverage ~~ $°; 288,000.00-" 4141. EL Form 9 to First American Tille Insurance Company 171,50 1412. ALTA 8.1 to First American Title tasurance Company 25.00 1413, T7209 GOVERNMENT: RECORDING: AND-TRANSFER CHARGES: — 4201. Recording foes: Dead $ °10,50> += y Mortgage $ 33.00 ; Releases $ 43.50 1202. City/county tax/stamps: Dood $ : Mortgage $ 1209. State tax/slamps: Deed $. 2,016.00 ;Mongage $ 957.60 + 957,80)" 2,0. 1204. Intangible Tax to Board of County Commissioners 547.20 1208. Record Affidavits to Board of County Commissioners _S 3 (i “CHARGES: 282 1901. Survey (0. NOVA SURVEYORS 225.00 1902, Past inspection lo o. . 1209. Shipping & handling to First American Title Insurance Co 50.00 1304. Satisfaction Services to First American Title insurance Co, 1305. LIEN SEARCH to ABRAMOWITZ TAX & LIEN SERVICE: 1906. EXPRESS MAIL/COURIER FEE to POC $100. TO EAGLE FINANCIAL SERV 1307, Additional Charges as per attached Schedule A” . 42 {400, TOTAL SETTLEMENT CHARGES (Enier on tine 103, Section J + and - lino $02, Section } » 15,851.03] 29,5 Sa pels Whe War and eewale slalemnenl ofall receipts wad dibucaements made on My atement. Aye ine Cane theber eet So} vee wa setter My WT Lhd bh 7, RICHARD REYNOLD} sows CHERYZOYEYAR RA GHERY ILE INOLDS ‘owers Z H er RICHARD REYNOLDS ‘The HUD-1 Seulement Statement which | have Pre ‘aceusste account of ils Wansactlon. [have cated af will caute The funds to be disbursed In accordance eilh wie Trove cortuly tevlewed ihe HUD) Seillement Statement snd ta the bast of my knowtes cy = : Data _ April 30, 19°" LORRAINE MEISTER File No. 2869C° ) - AND CONTRACT FOR SALE AND PURCHASE cv. LODENOUM REQUIRED.) DEPOSIT RECEIPT 4 é ut FAVA of CONSOMINTUMIROMEO HINER E ASTOCIATION CONTRA ? 1 aN cen__jubldosnt Soy a eee a SS . 9 SELLER, : uw Sent sel asl a ea. fiat Sarre oS Git sel and Buyer shaft buy the following 103! PUPERY (Real Propeny) and ' ie Buyer ang Seller heravy agece that Seller 1) personal property CPessapatty) {collectively Property) POT the (otlowdng terns aad conditions and any addendum to 12 this Cocarac, 4, 1) 1 LEGAL DESCRIPTION stfeat estate tocdtes In der, County, Fledda. TAX couns 4 BY! WO2N : Sack Rc WB ga ee er Fh Bile @ ” : . (nL {i ¢ ; vices, -\WAAA Cassie Die 2387 wht COMPLETE PROPERTY ADDAggs: yo 20 U7 sed (Cen 311.2 Seller reprecants that the propartyGan be uses I the follaw.ng pUrPOHS: e Al fi Htems Including: stl Tondseaping. window sareens, Wow 2%. PERSONAL PROPERTY INCLUOEE: 9) Yeatments and hardware; watietowalt cf ai vedngs and axached fighting fidures as HOw Instaled on the ched floor’ qt Real Pippery- Also Include are the falieding checked (ems: Pe) raage, ta tafrigeratot, 7 eKhaanes, Lemiisposs, —— microwave OVEN, = trash compacte’. 2 “washer, LZ, yet. t-—ceillng (293, yale systems, satete dishes. peer Securtyfatant 27 systems, pool cleaning equipment: {OESCRIBE): oe eee 2d AQOITIONAL PERSONAL PROPERTY INCLUDED: Fie) . — 9 : 2. 4 feAcs 39 AY NOTIN Wyss - sed ) dt TZ PERSONAL PROPERTY NOT TRCLUDED: > ee C_— — y2 7.3 LEASED ITEMS: _ gesudtylalea sySteM5. “yo — propane, tanks. satellite 3) osres. ones i a rn ee v4 \ My PURCHASE PRICE IS. Qn US. aed + tye. os cecneae dass 8 259,09 36 METHOD OF PAYMENT: Cor 7 0p yt Vt Depestt made at the time Buyer executed thls gocumnent Beer es eee. 3 Oke d pe 2.2 Agaliicnal cepe® Cove Wwitdin Untied States paneay ods aher Eliectly Catr. ‘ ” Time Is of tha ossencs 43 to additonal Gepost ee ponent eee eet $_ a) ALL DEPOSITS TO BE HELD BY. ah oo} Amgen of het aie ang matg2ge te fe exesse? bY Snes LOsny tender othe, than Seller.. 5, fe Od ” Toe AF MORTGAGE: Q. ; ~ yt yA EriR VA sce Mendy none : AROTE FROM ) s OR { jp interest Rasy weTegr t..t eee rte rale win 2 maxincceling ot ae Sh ‘s . ICs naa Vin epayrnent peehy < Syopany te be AS {UM OG Buses 290 ee RL. cel Sire rate of — A Ga umn geting N fr wyu@ Dale. we —- () TRON ) 2nd put h payments based On fe (eB num wit pe! aad interest per Qe $e LO gaiicon Dut Date: _ 7. cna money Tag NUS. curensy OF OCAL CASTIER CuEc: . 9 Woeosts andlor prepaid Mems) «+ "7 eS APL 703 wees : Pos 700 . 5 ; , tis otter TO! executed by 2 TM nies urnonzes Represenaive, Sig olfer fs wel [RS 3% gh aetos's yo a ne : votes Berean 4 6 $. FACSIMILE: A fegibie facente ¥ weer shig clr? Conran ats any wey ital be the BY upen whled WET Ee 47 onginals, st 6 erzeciive OATE: The eens o 23:2 gta Genrast euiscdive Dal 69 fully executed by ail pactas. . az than six (6) day3 shalt ia the compataiics exeivde Sary'ery 3, Sundays ant 87" shall end of Salutdzy. Suntsy & 'e a 7 OTE Siena pe tod he ia or national legal nelidays. 3 n naliday shall extend to 5:90 & Dh TAGSING DATE: This © poeta et paar 4 ( 7 ~ | (att vt \ é), covided for herein wich pated fore ve tee of St decd ne porte ss:0° sha be eelve ack oF wmpae wendsed by oe? peeutslons of inis Com a2 PROPERTY ADOAESS IPL. (hse Poiens ters oe 14 a — we 7 a 45.9. DELIVERY TO AUTHORIZED REPRESENTATIVE. Oelvery Of any cecum tat required OF Fem ty ins 20 Contract 19 ba dalivered lo Buyer 07 Selter grail be ceemed lo ba delivered whet Coleracy Ras Oe Mare lo such Hl pods ActAxiced Rearecantative CAuIROTZeS Reareser’ ey 12.9.1 DEFINITIGOF AUTHORIZES REPRESENTATIVE: Authosizes Reare sentarve shail inclse 1) $1.4 any Neen Flodda stiorney representing Buyer o Setter In, thls UVansaccion (as lo We patty ine storney qa regress); %, £5 O42 any person & clfically authorized In writing by Buyer of Serle: to receive documents fequiced DY tls Contract. th B13 asia Seller ine flodea teat estate hcensee(s) shown 35 Misting rafestersoa(s) anc re Broker(s) of such flsensee’s t? jest estate fen, tt 9.4.4 as to Buyes, in€-Flodda real estate licensee(s) preceating this cocument fo Seber of Selers Authond ed 19 Representative and tha keris) of sucn licensee's reat estate Git. . aC 10, EVIOENCE OF TITLEsSeller shall, at Selle?s expence, tumish lo Buyer or Buyers Closing Agen: nol tess tnan 91 Gnesn (15) days prio ta cpsing eltyes (148 cenified adsiract of litle which ghall commence With the earbest pudlit 02 records wih ea rled scarchfhrough the Elforiive Date: of (2) a price owner e litte Insurance policy Issued by a currenily 6) ficensed like Insurance compaiy and Saineeecitied astieact ar cemibed wearen (rom ine date of puch paticy through 94 the Effective Oale. Setler SHAN convey a_parketadic tite, subject onty to hens. ercumorances, exceptions 04 9$ qualifications cat forth in Lnis CéAlract and those which shall be Gichatged by Seller at cr deface closing. Marceladle 46 Eile shail be determined accorcingiip apotcadie2ie Standaras agopied by The Fiorica Sar ang in ascordanse wih Ihe 97 law, a $2 10.1 PALM BEACH COUNTY: If the Pipre tty is wigs jn Palm Geach County, Setler-shall, af Sellers experise, Geiive: 93 19 Buyer or Buyers atomey. 2 linedasurance amimen: End policy issued by 2 Florida ticensed ihe sure: 190 accepladle to major instilutionat lenderdgn the countsiyhere the Propeny tx located agreeing 10 sue to Buye! , upon Vit recording of the eed to Buyer. 29 ownths policy of-tie Insurance In tne omount of tne Purchase Paice, Insuring 19) marketable tile Ja Buyer to the Property sypject only todians, encumbrances, exceplions oF quatfications set 101 this Contract and lnose which shail dé cischarged by Seller Qi or befcre closing. 1d 19.2 RELEASE OF RESERVATIONS: Seller gnall use Ovations to oblain releases of canal reservations, oi, gat 104 andor aunerst reservations, If any. Fature lo igepte fesecvalpas or right of ealry (or pit, mineral aad gas cesewaions ed eis 2 tie detect. 2, 1¢1 10.3 TIYLE DEFECTS: Buyer snail have ten (of gays frem thaSate of recalving evidence of tife 19 examine same, if ACE tie is found to be defective, Buyer shall within Gid petod, Xlty Selter In writing spectying the delects, “suc 169 defects render the tile vamarkeladte, Selier shat nie thirty (OL gays fron the recelat of such notice $o cure the ite defects. and If aha sald podod Seller shail not have Egfed the dele Buyet shall have The option of (1) accepting tite + grt agi yen Is: oF (2) termaicating tls Contract by delivery of writen Ne Sie Selle: of his Authovized Rapleseciauve 112 deposits shall be retumed to Buyer and ail panics shall be Teleazsd VOL all fuaner obligations herein. ty) tt, SURVEY: Buyer at Auyers expense, within Who fime alfpwed 19 oelverevidence of title and lo examine some, ise have the Real Prooety surveyed 313 cedified by a regisiet “4 Florida sOncyor. Withe surzey SOss encroachmens 64 11$ Real Property o¢ that improvements located on Real Propemees croach ortyetback fines, easements, lands of ofhers. oF 116 viotste any restrictions. contact covenan:s of appricadic govemmental segulanoa, tha $ave shal constitute 2 + 10 gefect Wine Propany js Keeated east cf the nyracoasis! Wateway may DF alloctes by tht Coastal Coasiesctics 1g Geelial Une ay defined 1 FG 161,023. wf 119.12, CONVEYANCE: Seller shall convey fitle 1o Rea! Propedty dy chtulay warrdaly. of Keuciary special varranty C29. 110 ifacphsable. subject oa'y +0 tand uso sesignation, 2oning resincions, pronipilioas a° other rogucerigals imposed oy 1) governmesial authority, tecihetlons, easements and maners appaafog on ee} o othemie commas 10 12D cuddtvision: punite utiltty earements of record wrich ave located contiguous to Re foperty lines ane ACE MIE nae 12) (en (29) feat in widin as to the sear er front Inez ang 7472 fect ia wiatras lo the sideaines (UNess otherwise species tye herein): lares for year of closing and subsequent years. assumed monzages ans cite oa moungages. Hany. may 12S (proviced there exists at closing no victaiien of the foregolng aad none of tym prevents fae Ut ef the Fropaty lor vs 126 purpcse cooresanted in this Contracd): matte's contained in (hls Contrac! 34g mattes ase arcepied by Suye! Jot Sergonalty shail, at request of Suye’, be transferred by am absolute 3h) of saleQhin waa psiitte. g sdipat ealy to such id canes 3s are crnemise pioeaed heres. “ ~s 429-439 EXISTING MORTGAGES: Selicr shail obtain and furmisd a tlatement Yom the m 2 ¢ thod of payment, interest rote, ane wheter the morgage $8 Wfgood S4nGnag, 132 [ot fee change of ewnecsh'p, Including charges for pesumption, tney shail be pai aty Buyet ufless ire tora! charges I)] exzaed one percent (1%) of the enpale baiance of the moagage- It the (otal coskte! ine avove ilems exceed one iz percard (1%) of the unpaid balance of Ine marigago to be assumed, ther ellher parpsnull nave ihe opilon of paying Ire any amour In excess $0 that {ho entlre cost ls pald, 240 thls Contract sha remain In Mitorce and eect However il *)$ nether pecy ‘ther party may temicate thts Gonicecs bf Cehvely of wanen 156 agtice lo ine other party OF his Authorized Represtcuve, and Ceposits shall be retemesde Buye: and on panics shall ‘7 pe releasad from atl Lanter 2bigI¥095 here, Ss ws sat APPLICATION ANO QUALIFICATION: Buyer shell make apphcotion for azsumplon 105 wihin _____ banking Cays (five (5) © 140 make 2 good faiih, Ciigen: effort to apsu7-e the existing matgage ans agrees lo execue 2 Vay mongazes for ihe aeeumpicn of said mOngoge. ¢ rad assume the existing menzage at ihe tale and terms of paymen. previs’ 145 (20) Banking days I this Sank Is 0 Shed in) aher the Elfective rat denvary of wtidan nonce tne cher party Of NE Auinorizes RE 14> ang ah panles shall >¢ releaved trom al fuanes edligations nerele. TM 165 ggiaining wined approval for aesumption of tne MONGIzZS prior to the deby ie $3.2 VARIANCE: Any vadanza In the sro: of amorigage to ans es ang he (ah de sccec 10 oF Ceducted [rom Ite cach pay fthe mongage bance Is more 1ey amount ladicatad In tha Contract. Setter shat have the opt ar of 23): fing ine Purchase Pdce fo an aT.OUN where the cilferenvial le fo mare than (he three peicer. 13%) stioeed, aad if Seller dectinss 19 de so, inet elie? ary may to the olhet patty OF sig Avinorized Repieseh- ¢ gan Hot 3'l fetter ceugaee7t herein Tris nonce must se chen 1)0 gdéacipat Setance, Me (ine existing morgage Suye: agrees 19 it dodtmvems required Dy INC 3 Fy of the noes ef tern len amaun slated In the Convacl shat ane pera WE MADIEESS shat receive a cred. span be wansteted 19 . eg incwenta! thereto shai be ps srb 333 EMSPOS!ITION OF ESCROVE BALANC at equal to the @sciow tungs nel by HS mot _ BENE MORTGAGES: Mo Euye’ execuics a Buyer. Except 3 heseinaher provides. 397 purchase MINey nate ane menzaze to Seller wnat (allow 3 [om itr t geaeralty acceptes and used by insiilysa%a! leaders ¢ tse county where INS Propery Is tocaie’ purchase money @o1939¢ snail provide for an ean's nent of taxes and insurance azainst loss by fae wits exte wed coverazban ao amount nat fess (ae he ful! insurable value fing imcrovements. A fies morgage acd fete ghatt provice for acSgleralion a tne opttor of the Nelder pher thimy (30) days gelauit: for Junior morgage Wis shal! te ten (10) cays. TRE noftashail provice for 3 fate charge of five percent (5%) of the payment due iW payment is teceived ty the morigagee Mor aa ten (10) 637% anes (ne due cae aad modgages N25 not elocied to accelemie. dvct equir e owner or We Propery engumdered to keep af pdor Neng and ENCUMDIANCeS IN £50 fertic tee oe! fron azcesting modifications 6” (uture advances under any poor mongages. Any prepayment shall apply aginst principat pow fast maturing. , iat BREQUALIFICATIONSAMINIA cays (five (5) banking days I! this plan’ ts nol filled injaner the Ekectve Catc. Buyer shalt provioe 19 Sefler 2 iencigeom 'p lender stating that, Dated 00 » review of Buyer's epplicalion ane credit (epon. Buyer Is proqualty for the modagage 030 indicated 19 Paragraph 3.2 ef this Contract. Hf Buyer fila tS geovide such tener winin that tart, Selle? majtemminate tnis Contrast by celery of wettten notice to the other pasty oF his Acihodzed Representallve andBeposits shalde returned to Buyer gad ait pamies shall be teleased (rom alt fufmer Ise eghigatiaas nereia, Tos fe7M of te sion shalt cease pon Buyer ontaining 2 kan commitment prior to cefivery of the 477, nouce of tecminaticn. ~ S . ye 14,2 APPLICATION ANO QUALIFICAAON: Winis Cogiract provides for Buyer lo obtain a new Morgage. nen Buye’s 179 petarmance under this Coniract snail pe coatings KUZON Buyer oniaining 33d motgage financing upon the terms 149 stated, o¢ if none are staled, nen upon the tems geneyally prevailing a such Nene tn the COUNTY where Ine Property ‘5 tit tecaled, Buyet agrees 89 apely wits as pankiag osys {five (5) panking cays if this blank is nor filed in) ater Whe in) Elective Date and to make 2 goed fa", Ciligent elfon'te optain mortgage Tnascing Wo winis panking dys Vt (uhiety (30) Banking days if wis Diack is not fiigd i) ater thevElfective Oate. Buyer fails to oot tga abet diligent elon Buyer ts not ric 19 compiy-with the lerns.and conditions of tne loan commilment, ard Saver Coes 15 act waive Suyers fights Unde" this subparagaanwiria the ude. staied lor obtaining the Com nument, ten einer pacy 14 may terminate {nls Convact by delivery of watittea AOS ro tne other pacty Of n te Ropresentane, and r4t deposits shall De felurnes to Buyer ang ot poe shal! pe released [rom ath futher obligations herein, This Agni of reN it te fer facture tz o% ‘gan 267 nena" cersecupon Buyer antaining a 1039 comminmen shor to ity deltvery of Ihe notice of yerminauar. we. y 169 15 INSPECTIONS, REPAIR ANO MAINTENANCES Buyyet shai Sove tne figtt, at Suye’s Excess. to have Ler weawall, dock, pool, electrical, plum>ing. sodaxler s7sttm. wide), septs system, radon, Ita ous supstance. 192 eavirormental. termite, +008 destroy!ag organism. git ‘condivoa'ng gad ne2ltag system. mechanical gtrucural 3d 193 cine’ Inspecuons Mace by lasprcios 3 ied ard isenzoS pedo.m ofh services, A watlen repens of inspecvans vga togetner with the estimated cost of repairs and srealere tee, shalt secbelivered 10 Seller of Seite“s Agtnonzed yas Representative wunia anew (15) days aher the Effective oa(eexcept anyaood dastroying organism Inspection tepar 196 shall EC Cativered nat later than 20 days prior lo closing cate. Tygeeh cepend ard eslimares are ast delivered Wynn Lat 197 staed time, Buyer is deemed 10 hove accepled the Orcpery "22Us." uw Sone: UE grees Mun guye7s Inspection 127073, sag Sates shail Dave fe fgnl to sors mace at Sellers expense u Buyers and Sellers Inspection [6pans ¢o 19g nak agree. (Ne pIMEs st mH shal: be viding. THE cast of ine (rd inspector as ohare of re tenet, ease FESS yo, 15.1 DEFECTS’ It inspecticns reves! poi idestabhon of damage. ne Os! ef treatment and repaic shall De py ine OX f 20} ¢etect nor ae aesihelic defects which include” cracked 0! les: pitted marcite, Mssid Oa WNSOwS! tears, worm sors 305 digcoterav27 of Noo! covenngswaiipapeis sinzen treaimen's: nail holes: sesarches. 205 denis, s6f90e$. chips and cautairg in ShinggwaliyMacringnte/e Jemieors. minor cracks in fieor bay Sen antwe dv ew ay 1 SIC EWO PIS geckegaragt 2nd patic foo. Selecis not opitySted te beag any HEM into wT compliance with @xiki rete beep Patios i such het ~pngied wy Ma buitdins ccd fegulattons ayine vere ‘ —_ 2b WIS cons.ructed un rm a ns pale awaranted new. Sy 709 15.2 LIMITATION: Wtpe cost of repairs 3nd trezimens xecers qe Bak nol fied ate camaccetadie, (rom the date of tne last evicence, anc ihe CasA proceeds of saie may ce neid arnency of Dy such other esevow agent af may be mutually 2gfetd pon fer a peed of nat longar hai lea (1G) Say uw Sellers Wale Is rendered unmarsetadia, Buve7s closing agent shel, wftnin sac leo (90) day perloc. rolty Seuci ¢- Sellers anorney in weiling of the dafect, and Seller snait have thiy (30) Cays from opiaot receipl ol sucn cetice 10 cure caid defect and shalt use b+! etfoas to do 20. Hf Selier {ails to timely cure sal¢ efect. ail monies paid herewndct by Buyer shall, upon weinen démandg therefore, 3nd within five (5) cays inereavar,, be retuned to Buyer acd. gieauttaneousty with such repayment, Buyer snail vacate ine Propemy and reconvey ike Property io Setter by specs wpranty feed. I Buyer falls to make Umely demand for refund, he shalt yake lille as fs. Wing at Agats against Sevier aslo such intesvening defect excert suth eights as may d¢ auaitavie 10 Buyer ty vinue of Warramiies ce tags in ceed. g chal be maze in tne form of U.S. currency, Capmers chock o1 equivaleny cn Couny which must have at feasi one insyrance it svvitable. a Crawn ona Financial Instituvon with branches In Broward, Dade of Pelm Bca Ing notitnslancing. Wie ir dard tates insucng Suyer as 12 Boy selects adsing Seteces ine eective aalt c minding of Buyers ceed, proceeds of $9 gal. be disbursed to Seley vt ol UTA Cagsession and occupancy wall oa Cenvered to Guyer a dosing asd fv: 372 The Arokers professional senica [ec shal De Cisbursed simulyave0Us siiver will pay broker a processing yng handing fee of $252.90 to jwing funds $f equi v, Doig saree in ceciow NG, su} aecorZance with Inis Contac. Fallure of clearance of tures sna not exeuse Euyers pata ance i's duties of Nabitties vader tha provisions of lis Co: act, Escrow Agent Moy, sl Ea a, mate! of ha ener unibine panes mutually 39°6* so iis Crssuracne sh a vee i Sediction shall derercine the % sof ine parties. c” Escrow AGE Ti3) veers is me ou aeetiie eeu ous having jenssiction of he Sapute, USF rettl 3" wanes rrontne pan cl Escve~ 4S sath fully Lertin ane. Axt Any escime agent (Est andiplihe Escrow win ine € earned th gucty achan. at} tial TA sre eee ot TRE AAD . PE COMPLAY Oe {SEL Sees on reecray) of any ems previously deliveres out Of ‘aie rovisions of Crapter £75, FS. (4997). 38 amence y sell bateseo Buryee 307 $s ‘ Escrow Agents J18 mace @ Paty Decauce of acting as Eafow Agen nereunces, of ir, any sult wherein Esatee AEM intepieads Ihe ey's fess ard cogs Incures wr the lees YE xudject marer of (ne escrow, Escrow Agent shah recovee reasanabie ot ng pac. Pamies azrec (hat Esctow Agent 329 and cosis ta be charged and pressed ag COUA COSIS=N fever ef the pfey 3p thot ast de Gaple lo any party of ReTsON [oe mizdetvers to Buyer 3° Seiler of tems subf=ct 12 This escrow, unless such 322 mnisdelivery ts dye 19 vdilful beeseh of Contact of goes naghgerte of Escrow Agen. ° 323-28, RISK OF LOSS: tithe Improvements are camageé by free: ether casuatty before cellvey of the deed and canbe j2e restored 10 substaqually the same condition 35 existing co (ht Etfeaive One within a pened of sixty (60) cays 325 wnereaher, Seller may festore the kmprovements and ine cicsing dale and gate of etivery of rossession shail be 326 extended accordingly. Wf Seiler faiis 10 do 30, Buyer sholl have the option of {1} Lacing the Property “as Is together win S27 ingurance proceeds, If any, of {2} lerminaticg Hvis Contrast by delivery of rinen notice to Selle of his Aut orized 0 Keprese ative, aad CeCSsS Shall de cetured (0 Buyer ang oh panes ghatt be released (rom all (unner obligaticas Herein, i 5). ASSIGNMENT, This Contract is nat assignable wilto- 3) financing of a4 assumption of an existing morgage is 2 cont ngenay- : 32. 21, ATTORNEY FEES 'ANO COSTS: tn connection with any acchication o¢ (tig2tlon arising out of this Contract. Ine 33) prevailing pay to the arbitration ond/or litigation, whethe: Buyer, Seller of Brokers, shall be ied lo recover ail cOMS ye incucred ineluzing anerney’s fees 20d 152° gysistant fees for senvices rendered in connection therewin, inehecing 335 appellate proceedings 3nd postinigement proces cing’. 336 32. OEFAULT: IE citner pany cefaurts, the Aghts of the nancefaching pat and the Brokers shalt ba as provided 337 nereid and auch Agnts ahall be deemed. be the sole anid i sinsuch event If Buyer fais lo pesto any ys of et covenants of this Contract, alt money pic of tobe prid as depoxtts by Buy*h pursuan !o tis Contract shalt 339 be retained dy OF for the account of Selier as consideralicn for the execution cf tnis Contract and as fiquigated damages 3<0 and ia full setiement of any sims for campages and sbicific performance by Selicr against Buyer. Ht Seller fais 30 Je] perform any of the coveasats ef thls Contracts atl money pare of deposited 97 Buy’ pursuant to this Contact Fhal! be 342 tetumes to Buyer upoa demand, oF Buyer nave the gat of spocific pectormance. In addition, Seller snail pay 34) forthwith to Brokers the full professlonal sevice fee proviged itor In ins Contract. Any controversy 0° claim domwecn Jee Buyer ard Seller ansing out of o¢ relating to Wis Contract, 6” Sbeeath trereal, may be susmined to mediation pner to 34g arpilration of Mitigation, The meciator's fees snaitbe pate equally dy tre pedies of ne mediation, Any of the a20/e 316 plowesngs snail pe Breught In the county where Ihe Rea! Propedy is logated anc shat! be condvered pursvart to jad Flodga Statutes telating to mediation, arluation of thigajica. “. Moo} CONTRACT NOT RECOROABLE AND PERSONS BOUND" Tre.penefits ad obligations of the covenants nereia yep sdall inure to anid bind the respective heirs, representatives, successors and assigns (when assigament ia pecrninec) of 350 he pames hereto. Whenever used, ne slag star number shalt include he plural, Ine plurat the singulas. ang the vit of 351 any gender gnatlindiude all genders. Walther (nis Contract nor any notice shall ve recorded ia eny punic recares yer Be SUVAL OF COVENANTS AND $ ZL COVENANTS: No prévision covenan’ or wamany of this Contract 3$) snail suceive tna closing axcepl as express'y prow dex Mera. *y psa 38 CONCURRENCY: NO represcatovion ip mace (eg 3Ging the ability to change Ihe current use of of to IMPrOve we 3$$ Peapery under the Local Government Compre rensive Plgnning and Lane Osve opment Reguiztion Aci (Cnapter 1€2 ¢! AG say Fosse Statutes) oF aay comere greg plan af ree & enitar AICiNIATE promulgated by controlling govern enta: 3$7 auihoalies in agcordance with he ACA . 35 FIRPTA: Al panies are advised that the LAS. cde sequircs Buyer te withnold-ten percent (1054) of the Po Bete Pp lar ce avis BY eta nner, The tay wt 3c nbels unicss alfidavifso! comphance wiin tre LR.S soce ar OS, guatityeng statement fe 2 361 37 DISCLOSURES: 542 37.1 RSOON GAS: Radon is a naturaty OccErnny yay sulficient quantiies, May present Nealon Asks to PEMans Wd 316 exKos -¢ 5 3M fede eS stato guidelnes N3ve deen feud 4 adiags iA Flonc>- Additions} information regarding radon ane fadon 355 tesing may be eptalned from your county pedue NEI . nA ~, . . 366 Wt ENERGY-EFFICIENCY RATING. ‘In accocaance wath the Fie guiding Energy E1ecreney Rating Act (SA292" 367 $53, Pat X, FS. (4993). the Buye” o! Real Property ty a buiiding for eccupa Noy localed ineresh 15 railed that the ohh e may Rave Wie Dd ys OF ielenty cain cerermined.” Buyer adtrow edges fecelel of the “Flore 369 Byilereg Energy Efficiency Rating System’ Distlosyre ala -_ 370 37.3 CLOSING COSTS. Buyer may be required 19 Fay additional closing Coss. indiuding Dut no: Kerw.ed (8 atomers jn tees, casvalty Insurance premiums, maperty 2x prordtion, recording casts. suNCy cots, coute: fees, lax sevice fees. VTP yntemnting fees, document preparation * sy search [oes, owner and morgagee Wyle Insurance premivm, laces, ye 3 5 ase it walt, of Nag Fe chang apptcation fee, appraisal fee. ect repot fee, and pons o° the specie wrinen consent of Scie’ if new Mengagze Qvid RS pee Be os. 4 ovided to Bvyt P) 4, fagioaciive gar Inst wen nas_accumulaies ie a DEHSING * od Spt over times/Levels of radon what excees So urit 524 assumotion ice. : . ys 374 SELECTION OF SERVICE PROVICSERS: Mi Brokers give Buyel 0 Seller “Eemely <0 Fee ; 316 service OF oreacl providers 2 vencort of any TPE including. but not imited te, lending fnstlivbens, loan process y1t atevacys, tle Insurers, escrow COT s tieclural enginee’s, 2S comrol companies. contramers, ord prt nome wOTAMy coOmpanes UProvides) . he rel WE Wee Baye anc Sene’ ars oes , ye 374.2 Broxe’s do not guarantee the patonrance af any Providers yar 32 DISCLOSURE OF LATENT DEFECTS: Sevel specifesily ; noes yap laters cetecns matedaity acrecting the watue af ihe PFOREITY. wt sts 9 readily Renner wens. ther yi) unter a cuty to Gigcioss aid Ipteat defects 19 Guyer. Serer Tepresenis (hat te Seiler knows Oo wig isien eet en ver are wat fannin wating uncer “Speed! Ctauses’ below oF Have page separately fscloced by Ste: ? eS ATO eege’ a6 wcitng Dy Buyer. Seiler ard Suye! gees B 4 noid Reemniess Brokers {rom gamsges resulting fom oF ygg inaeuedey ef this Inrorm Son. Tne covenans this paragrazn gholl suteive Une cioslig. wy ne pereementi © 327,39. FINAL AGREEMEN ag Comat t final agrozmest cf the pales ane re agree’ on , Sth repcesentaions yal test acl, shail be pinging oF RE paties Tyree provisions ar nce te ON anal supersede PEAT ES gnalot panied previvone See ane fe pemes prey! “, ion Wis few ce atorned rereto 95 ah to aralegyicnal peers are Gch Paso OF th SUA INDO IDS refet ed Of recammensee By Qrokes nqmetges 39d undersiands tha Sover yn > bo. sls A. Bf 6 Pod os nana Tole, af } 2eF sy Ree gant: ‘ ——— ae Crguy hm eC < Wb ACCEPTANCE OF CONTRACT & PROFESSIONAL senhige FEE rey hecaby sporeves ano accozts the Se! & ns Liting Srocer la this taasaTe ee Gay eqn nitet berela and 16s nes | SL AE . ey peer: NUE Se hiwten: Ue. To Cel Sbyssny _ cu Tele. # i Arche LG TE LES o. ale sears es FS re ys sett ‘ 3: s Setting Braker ie thls Paases.ce. > p AMG and evOsALes, . on A 5 ‘ HS py t phen. rte nd) Nant 990 ee ETS nt ee Oo tee FIZ. bi eysy peaemsioe LQTS. satecpderons Public MES os. GeSASS Gere: ; cee ASS Pa r (C2eG% ang COMPLET RANE ONE APPLICABLE} oO con o (UHEA WRITTEN USING AGREEMENT 1S CURRENTLY IS eerect: ‘oO a Sellee agrees to pay the Usting, Stoker named arve areercing Wa_thegfeems of anextstiog. separate wiser } a) rrofucsicnal caryize lop agiaemysy: 26.740 ge fa ed SES eg Rove! afrelo partorm and departs ‘ atatied, 50% tareo!,sbu A Te Geing tne profecsional s<"vize Tear ahy be evenly Aivided Detween ‘sting ad Selling Preke’, at Yur cearlosration fer Broxers’ HMICSS Including Gs expendtd, dy Brokers, 2.0¢ the 5 IN te paz ls Sela Q Gh (WENO WANTTEN LISTING ASREENES! Cuan: 5 & 4} Selle; thali pay tha Usting Brcker named Sbove, 2 Cosia7, {9% of the eXfe, 3 professional sarvice tee of 7 A C ut (COMPLETE ONLY ONE) wy of the grove Purchase Fdce ORS gnasa purcant to Ibh Contrast. If Byer fairs 16 —_——— 4s in effecting the cale by finding tra Buser (eady wMliing and azie te put 445 pecocm sad deposits are zatained, S9% thereof, Dut Nd. exceeeing {he peetersional cenicad fea, shail be evant divises <\k tc] Dawwoan Using Broker a4 Seillag Becks, 38 full considaraiton for Brokers’ senicas indians ene expensee dy <8 Setter. prveeNTTAL RESIDENTIAL af CBS, PALINERSEL? nig wrekers, ant we Valance eral 20 pyle to Seeury oe Vad. 4. _— aye ah . : : 56 THISNS WT EXOEO YO BEA LEGALLY BINDING CONTRACT, if you 9 nai thy angeretacé Ub Zane Jeqal cr re advica consul sa approodats croferstonts, This form AS) agarnay paler to tigning. psd dasha . Eaten of Greate: Zod Lavgardate Ie Appr a tha REALTORO Att adiggat a ve Conu2 houla De vecaried by Ke parees lad paceviad Vents Fred upan ine cas peatee faterectt, odJatane BAe vaegairiag portlont : . (Revast ok are SiO ite, tes SEO OMP LAIN T. evan: gered’ Prot@rerssta OL rZzr EAR BE Ue AS ~ OM EOG BiCR eee (Chee Dinse EOC A = Bee mo NS, a COMPLETE PROPERTY AOONESS tL 994 Cha $526 Dre ,__.__ Coe eee edion prvars, manen a NN mt Parga ta, Sure and Sated Litter wove at peg by Be a er of pce pip Lec RTT ple Attn esd te Det Bgerkx od Cownd br Sate xd Pras eCard Mares V4 protons Gwannnt in Bt Abend ae aad peel u pecarcns APoncuat, Ta Corert Mbp Bw Het DIM IET DT STC ee . re tree Oe reniabn yt tach ooo K wetired onder 4 OATS ee a Wend Fe hac Pee perce er te Geen | Ted nce Hed in) orn re onctone dae of Bs Covent t re a pn od df ene tog Document Son th regard ty fhe anie of eestor at 4 Se ene: cnak proroty commoty rit at ms OS coe © ehian ha neo vary Se Te gptonkon er Yer hee arg ty re Aasociariry wk ? DELIVERY OF GOVERNING COCUMNTS, te (CRECKONEY 2) Bvyer hereby achnertadges WNGt Buyer dar deen provides & camplate the evrreat Cavecning Dacuments piles ve me erecvilon af thts Contract by of fe Dowerting Deter tr rr Salter anal, at Safeco’ cent, dathee to Buyet Geverning Oecemantl wtile days (144 (2) mlyee | Ne aitective dale et thle | Contract of a complete eat al Be Curtent dayt ¥ flenk le wat Mled ap anal be faapeanatdlo fof A fe oe of Duper coal g Marne za ba. ree ang ten Ore re earopeacomme (nt A Fee pane ern hee ¥ ros aot more thant Bows } dere feechehnt y. OGtumune. Bag et eA! tut Bure Bat proniund ten Monvecrernars Ae tod at GAARA | png ane erat See C7 26, Paice Sant, rae quucuton of ws Comead w RECREATYON LEASE ANOPOA LAND LEASE Sater reresany as owt a Race Lense. trese (EMCECK oOxey 6 yu { y ic sone Racteation heart, peyabie ee __ wenaiannd wan ha ek az Land Leese. Tnore (CHECK ONC) 4 y te { a al Lord Larea, payadie Soe ae a naan wim “3 Blender WeCigegee Tren (CHEEK ONE f pie y ic ner a Berner Marg age ar obher paeccing osyenle Fe eee ee ine opyeeneee Of Ne Lars Coare of Racrasian Leste. werk be 98 jactuded fe WE Purchate Mce Ve beth haanerng rb mat aegumayie, wnar ane Ga pale bs Setar We tu a ee ot claring, utherw se, pect Muerte at ne a aemet Be Ore oe Cree). 2 ASSOR SU ENTS 4 Guiles repeesancs wet the mannan ence ens Othe” we eee eee wade Cf leuiee the aeyocanon ef pureeent 10 yaa Governsng Decumanih, ef ol tne gare Of Mhty Caryecy eh ae tortowt ~ su ae 1 19.0 mem ra Sarncat oe fs Fe re IH 303 ow 5, —_ to Nae RPO 42 Sater repensertt wnat Setar aout 2 Arann Ss Set 1 Aaron that be currence man CTH MC AL oO ape oC dary of 66 Comet Ue as etcanatan fr ana ent pir HOES pC CURRERT Ad ol tre pares 0 Parent Ae er 84 Kew an eae we and sh pay cr ececat nese tonends breed aC OS & GATMENTS bie) pe nn payne ol Gt Ft pntcet RONG OF ETS ea nt, Fay. MS ws @ * ro wane SEA TES AND sTonacsé ee Aided OE EHEC EF va ” a tent dee the glace cane eR OORT eee —_—_—_—_-a bag Pe agiv et REE EE REST ee ene ce ene 7 yer Pee nee eee eT ORTH eect — — poe ceo ee eee ee ee -——-- oar et weer Oh) t reed pen ete © re petg wee EST TF ber te? 4 OCFOETS ANTE CIS - Caw a dng eo Bagret t0t d LY EOLAY, rat ee pede pe ne wanecet hy : : ee ne ane HN a Pa bts aes F Goaty eet ow was By - - ane eb add ree ree © > lr ae ee Feng Te A PAQIO ee poste OE Per bt ald a a iN eben PTT waren Shiv eette ee tors egahe ett . a erpcorat tr Be etc AN St ws er re rt WSPLETQHG, The igh A aporan and escaton of mpi wt atin fa Depaok Poon ved Coomicact ot Sahe ard Porches chal tate gladly (fh Frebedal eri] eA ic Ow pA Le Cote . retest fF * - ” ne ra npg or minchey my cerca ere FAN trovided wen werrenay be 4A znabie, eee erpa peri ace remedy feral: ba Had We PIN Rea yy CORVETANCE Cate el Comey Oe He sana Irpaeed by Ox Gaveening Dacareeues en fa fag oe Spepptaksrt of tra Roaacabee en bebe so Roowigt ond Cacti. br Cola ond Rarate,” TE RCW MORTCACE. A pectane money roel ok paren ome ord Pak pre tat rasa poet & peronsed Gowrie agar CE craton Ud en fa pans Leaner ree Me es UAY REORAE AESOOATION APPRONALSS we rence, oA8 Ne eee : Up Repeteon MEW Co ee ee i apo et arb haan rae we hs See BOS iver ereauticusen” TFT 7 pate ee crest - . cela can . vent tet at tee . ot BUTTER SHOULD BE AWAAL OF USL AHO OCCUPANCY RCSTACTIONS CORTAINCO lex THE GOVERNING DOCUMENTS BEFOAG EXECUTING Tes CONTRACT DUET et ae nen — Owe 8 __. * FEUER SIRE EMD TiAl ORCES A BSTED EATERS PY: PRUDENTIAL HOMES CORPORATION resuctenan sanmer AES a a a [PF om oth er Sots Sony o Tel _——- yes mary TsetO er . TU ALU PER pean 0 pe ee age steers a + tape BRINE TGLEGN ds L6:9T GE. Se PrudentialRalocation Yee . AGREEMENT A peurtar tl lack LAE EME Carosny Pleese include tn Purchase Agreement Thig is a Rider to a Purchase Agreement ("Rider") dated 3/26/99 bewveen Prudential Restdenual Services, Limited Partnership “Selter” and Cheryl Olvear “Buyer” (the “Agreement") with respect to the Jand, buildings, improvements and conte (fixtaresvapptisnces} located at: 11999 Classic Drive. Coral Springs, FL 3307) isthe “Propeny"). In the event of any conflict between the provisions of this Rider and the provisions of the Agreement, the provisic of ns Rider shail contrat. 1. Seller's Authority: No agreement for the sale of the Property shall be deemed effective unless executed in writing oy Sei! Any offer or counter-offer executed by a real estate broker or agent on behalf of Seller (other than # corporate officer of Sell shall nat be binding on Seller unless and until confirmed in writing and signed by Seller. v 2. Cundition of Premises: Buyer understands that Scllcr is a relocation management company and has never lived in or ou Pronerty. The Property. including the contents, being sold and purchased are not new, and are being sold “as is» 1n their pres condition, Buver acknowledges that Buyer is not relying on any representations, statements, guarantees or warranties concern the Property, made by anyone. prior or subsequent to closing, including but not limited to. representations regarding the size of buildings and improvements, lot size or boundaries; the presence or absence of (oxic or hazardous substances; the presence absence of any encroachments or unrecorded eusements; or the condition of the Property or any of its mechanical compone including but not limited to the security system. electrical, plumbing, sprinkler system, heating, air conditioning system, and/or < appliances being conveyed pursuant to the Agreement. Appliances may include but are not limited to the retrigerator, microwa garage door openzr 2nd transmitters 3, Tests. Inspections and Disclosure Statements: The following tests or inspections have been conducted in, on or with respec the Property. Buyer acknowledges receipt of the documentation specified below in regard to those [ests or inspections: Type of Test/Inspection Inspection Company Name 7 Date of Report ome, Pool and Hot Tub Inspection US lospect____. 1/25/59 -—— acct rent Bid US Inspect /_ Payless Roofing Company 1/27/99 = 125/99 US Inspect... US Inspect en ee ee . _. 1/25/95 eee in the event Seller's tests and/or inspections are not availabic ut the signing of the Agreement and this Rider, Seller agree: provide the Buyer with such reports using the attached Rider to Purchase Agreement Addendum within five (5) days of Scil receint and ta provide Buyer five (S) days to review the reports and provide Seller with written notice of detects in (he mar Jeoentted in Seetion 3 ofthis Ruder. Buyer also acknowledges receipt of the foliowirg disclosure statements). Disclosure Statement Dats Hemeownar's Disclosure Statement 12299 Homes + Disclosure Statement oe ee State of Cee umenee oe ____Seller Disclosure Form by Record Title Helder - ee Siac of ow. Be terrane. Stet Dasclesure Farm dy Seller ee nrrnre Namal Hazards Disclosure Statement (Califomia only? —— THESE DOCUMENTS ARE BEING GIVEN TO BUYER FOR [NFORMATIONAL PURPOSES ONLY ANC COMPLIANCE WITH THE SELLER'S LEGAL DUTY OF DISCLOSURE. THEY REPRESENT. THE OPINLONS THE INDIVIDUALS OR FIRMS WHO PREPARED THEM. SELLER MAKES NO REPRESENTATIONS AS TO . ACCURACY OF THE INFORMATION PROVIDED AND MAKES NO AGREEMENT ‘0 UNDERTAKE PERFORM ANY ACTION RECOMMENDED IN ANY OF THE REPORTS. BUYER AGREES THAT BUYER 1s | RELYING ON THE ACCURAGY.Q HESE MENTS.) 2s NT ‘ 5 ©) pace 7? — LA Va) C2 -Ot'd CeCTOPETSETS OL réer ree Sto BIW TAL ys LC:9T ES. TE sel hb) Provide a credit to Buye. oan enount agree ty es ere Beper ain meee event Buyer agrees to consummace the purchase transaction according to th¢ termns of the Agreement 292 thy Rider ana release Seller from any liability oc obligation related to the condition and repair; or uting a Release and refunding the Buyer the earnest moncy deposit «) Terminate the Agreement and this Rider by exec ond wihin seven (7) days after notification of detects by Buyer, Buyer shall have t Should Seller elect to terminate, or fail to resp the Property in “as is” condition, with Whatever defects exist. To exere: right to consummate the purchase wansaction. usking this right. Buyer must provide Seller wtitten notice of such intention within four (4) days from receipt of Seller's notice of shecting ta Raminatc Ruyer shall have the right to make a final inspection of the Property within forty eight (43) hours prior to settlement to be sure li the Property's condition has not deteriorated from the date of the Agreement and Rider (ordinary wear and tess excepted), Buy ugrees to indemnify and hold harmless Seller, its officers, directors, employees, agents, contractors and tenants from all clain damages. liabilities. and expenses arising in connection with inspections made by Buyer, its ageats’or contractors pnor to closiny £OR PROPERTU LOCATED IN LOUISIANA ONLY: PLEASE TAKE NOTE OF THE FOLLOWING: Buy neknowledges and agrees that the Property is being sold in “as is” and “where is" condition, without any warranty of recou! whatsnever as to the condition of the Property. including, without limitation, any warranty as (0 the absence of vices or delu (whether apoarent, latent. known or uaknown, casily discoverable, or hidden), fitness lor any ordinary use, or fitness for intended use or particular purpose. even for the return oF reduction of the purchase price or otherwisc. Buyer acknowledj reliance solely on Buver's inspection of the Proverty. Accordingly, Buyer waives all of Buyer's rights in counection with | nonditinn of the Property, and Buyer hereby relieves and releases Seller frora any and all liability in connection with the cunditi of the Property. including particularly any ‘and all liability for any claim or cause of xction for redhibition or for reduction of 1 purchase price or otherwise pursusnt to Louisiana law. Buyer expressly waives all rights in redhibition and reduction of | purchase price or otherwise pursuant to Lovisiana law, Buyer further acknowledges and agrees that Buyer has not relied Seller's skills or judgment in selecting the Property. Buyer acknowledges and understands that Lovisiana redhibiuon Jaw cnab Ruyer to hald Seller responsible for any undeciared latent defects in the Property existing on the date of the Act of Sale and cither rescind the sale. or seek a reduction of the purchase price. and Buyer hereby specifically waives such rights. As used iat Aci at Sate” refers ta the closing uf tide. : reavistcy River acknowledges that the foregoing waivers have beea explained to Buyer and that Buyer has read and understands o1 waivers has voluntarily and knowingly consented to such waivers and agrees tw ve bound thereby. Settlement as Final: Buyer's (a) failure to notify Seller in writing of any defects within the time limus provided in this Rider, (hy acceptance of the Deed at settlement shall constitute Buyer's full acceptance of the condition of the Property and @ waiver Ruyer's right to object to its condition or assert any claim retated to the Property at any ume in the future. This provision st delvery of the Deed and che closing. Toxic/Hazacdous Substances: Buyer assumes all risk of loss, damage or injury which may arise as 2 result of, or may be in way connected with. the presence of radon gas, asbestos or uny other toxic, hazardous or other environmentally dangel chsranca in on or about the Property. Buyer fully and forever relepses and discharges Seller, its officers, cempioyees and age team any and all claims. damages. liabilities. and expenses (including attorney's fees), wheter now oF hereafter known, wl Puyers have or may hereafter have against Scller, its officers, employees and agents. Buyer releases and indecnnifies Setter afficers, emplovees and agents from and against any claims, damages, liabilities, and expenses (including attorney $ fees), rie to the presence of radon gas. asbestos or any other toxic, hazardous or other environmentaily dangerous substance In, On wr at the Property. which claim is made bv Buyer. or any person Buyer allows io reside in or about the Property or come iy contact the Property, This provesion shall survive delivery of the Deed and the closing. fects, Seller shall have the option to correct the item Or teria Title/Titte Insurance: In the event a title report reflects title dz Se Ue the tranenction at Seller's discretion. Seller shall have no obligation to bring eny action wr proceeding or otherwi expense whatsoever 10 render title marketable or insurable. In the event the defect is one which will require In eXCess wii FAN) dave uy correct. Seller will notify Buyer and Buyer may terminate the Agreement, receive a refund of (ie cures’ ive decosit and release the Seller from further obligation under the Agreemeit. Seller's expense unless the Property is in a jurisdiction where i is custotle Seller will not neovide title insurance to Buyer at Seller reserves the right to select the nus insurer/agect. a vafler af residential property to do so and in that event. ADMINIST. HVE COMPLAINT. be) ; EXHISIT # OD a VAG aa PAGE JQ... er ree SiS AneHifd WSO Bs 4c:St be. Be ELvil'd v ta OL Unless specifically noted unser “reo, Inspections. anc Disclosure Staten. -S” 2evve, Or in any OT the enached disejos: Y statements, Seller has no knowledge concerning the presence of radon gas, asbestos or other toxic Or hazardous substances in Property However, Buyer shal! not interpret Seller's lack: of knowledge a5 8 represeniauon that the Propeny ts tree ofradyn psbestos cr other toxic or hazardous substances. - . 4. Lead Rased Paint and Lead Rased Hazards for Pre-1978 Properties: The subject oroperty x] was pot constructed prior to January J. 1978. : was consimucted prior 0 January 1, 1975. For Propecties constructed prior to January 1, 1978 - BUYER SHOULD TAKE NOTE AS FOLLOWS: Proper sonstructed prior to January 1, 1978 are subject to compliance with The Lead Based Paint Hazard Reduction Act, as the properties may present hazards related to exposure to lead from lead based paint and/or lead based products. Buyer acknawledy receipt of the EPA pamphlet Protect Your Family From Lead tn Your Home. LEAD WARNING STATEMENT: Every purchaser of any interest In residential real property on which a resident dwelling was built prior to 1978 Is notified that such property may present exposure to lead from lead-based paint t may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce perinance neurological damage, Including learning disabilities, reduced intelligent quotient, behavioral problems, and impair memory. Lead polsoning also poses a particular risk to pregnant women. The Seller of any Interest in residential re property is required to provide the buyer with auy information on lead-based paint hazards from risk assessments inspections in the Seller's possession and notify the buyer of any known lead-based paint hazards, A risk assessment inspection for possible lead-based hazards is recommended prior to purchase, LER DISCLOSURE: (Se ‘0 check as appropriate - Seller and Buyer initial): POO bs na knowledge of lead-based paint and/or lead-based paint hazards in the Property. {] knowledge regarding lead-based paint and/or lead-based paint hazards in tne Propeity. ns i Seller RECORDS AND REPORTS: : Sclier has: (Seller to check as appropriate - Selier and Suyer initial): [] provided the Buyer with all available records and reports pertaining to lead-based paint and/o: ice based paint hazards in the Property. which reports are iisted below: ca 4 Cee me cement inne emerson see ee tee C7 a bad no reports pertaining to lead-based paint and/or lead-based paint nazards 1n the Property. 5 Suver's Duty to Insnect/Test: Although the Property is being sold “as is”- in its present condition, Buyer has the ngat iv tasp: n+ to have the Pronerty inspected by others on Buyer's behalf to determine the existence of defects, it any. All inspections shail ut Buyer's sale cost and expense, Seller recommends that Buyer secure such surveys, ttle inspections, professional burids iaspection reports, any inspections or tests necessaty to determine the presence of radon gas, asbestus, icud based pur nnderground storage tanks, or other toxic or hazardous substances, in or about the Property. and any other tests and mspects Ruver deems appropriate to determine the cundigen of the Property. Vf Buyer decides not to conduct some or all inspections. Buyer should initial the appropriate section(s) below: (initial) Buyer waives the inspection for Jead oased pair _ aartta: _ Gninat: Buver waives all tispecticns a Bayer waives inspectiuas foi Any and all inspections and tests conducted on Buyer's behalf, and any defects discovered, must be reported to Sclier or Seiis avent in writing. accompanied by a complete copy of the Buyer's reports, no later than 5:00 p.m. on the seventh (7th) day ster dare Seller signs the Rider. Buyer may have up to ten (10) cays to complete inspections for icad vased paint ardor ts nazar unless Buyer has waived this opportunity. Failure of Buyer to provide Seller with a copy of the inspecbon repors ang 1epur defects within this seven (7) day period, shall constitute Buyer's acceptance of the condition of the Property and @ waiver uf insnection contingencies, and Buyer's agreernent to proceed tu closing. Sollee shall have seven (7) days from the date Ssiler receives Buyer's written notice of any defects, to advise Buyer OF buy avent. in writing, that Seller shall proceed under one of the following Optious: agrecs to CONSULTING sed paint andor peclor demonstty a) Treat the earadition and repair the defect at Seller's own cast and expense, in which event Buyer wee transaction according to the terms of the Agreement and this Rider: (in the case of iead ba ADMIT nthsdded remediation. Seller will provide Buyer with a certificate from a risk assessor or ins oe eye that the condition has heen remedied befure the date of closings: or ay, Z LARD Fo are ae PAGE eX eee ae \ PAGE __ ) Ppecsemer sans a4 ree vie gra BWW A TALON dd SS:5T 68. GE UH! 10, ‘Tax and_Qthee Prarations: Proresuns for texes. assessments, and simila cis Win, 0¢ based UPON WS liguces avaitabie at ee te ms : . * : 1S time of closing. If current figures are not avallable at the time of closing, the most current figurcs Or cUTent assessment(s) wi! used for the computattan of cuch prorations. There wilt be no reprorations or adjusuments after closing. The proration for the of closing shall be charged to Buyer. This provision shall survive delivery of the Deed and the closing. It, Kar Properties Located In Californ Vimited to, those set focth in paragraphs 2. 5. 7 and 8, respectively. Buyer expressly waives aad relinquishes ull rights and ver afforded by Section 1542 of the Civil Code o specific walver of Section 1542. Section 1542 of the Civil Code provides es follows: A general release docs not extend to cls which the creditor docs not know of suspect to exist in bis favor at the time of executing the release, whichal known by him r have matedally affected his sealement with the debtor. Thus, nouwvithstanding the provision of Section 1$42, and for the pucpose of implementing a full and complete release diecharge of Seller, Buyer expressly acknowledges that this release fg Intended to include fn its effect, without Limitation, all cls which the Buyer does not know or suspect to exist in his favor at the time of execution of this document, and that this rel: conteraplates the extinguishment of any such claim or claims. 12. Closing: All closing and repair figures must be confirmed and xpproved by Seller or its closing agent at least forty-e (48) hours in ad vance of closing. Closing date and time must be scheduled at least five (5) days prior to closing. The closing of the sale of the Property shall be through, and shall take place at, the office of the following closing agency (fire name): Joel R. Lavender Associates 7 cdale 3 whose. address is:507 South East Jl Court, Fort Lauderd FL 33316 ef. Telephone No.: (954)822-5]01 __ Closing Agent (Individual's Name):_Vicki Bames The closing shall occur on or before: 4/9/09 . with time being of tic essence. The listing real estate agency is: ERA at Basle Trace = The listing broker (or azent) is: Mario Fazio_ Note: Notwithstanding anything to the contrary in earned and pavable only if the sale to Buyer is clased, Special Pics the Agreement, or elsewhere, the brokerage commission will De consid the deed delivered to Buyer and the purchase price delivered to Seller. ee JA Prarsegsinn: Possession shall be given to the Buyer at closing. Buyer muy not alter the Property, store anything orvic Banner occupy, ar otherwise use the Property prior to closing. J4, Dispute Resolution: Notwithstanding anything contained in the Agreement to the contrary. Seller expressiy rejects all media arbitration and other altemative dispute resolution procedures. Any provisions in the Agreement requiring such procedure ndand of ng ettest ralS. Additional Provisions: Seller_will credit purchaser $25Q for front foyer tile replacement (ceramic tiles in garage). frem: inctided in gale: Deaperies in Family Room. Office, and Blue i MS. al ort included jn sale: Wn yreatments in ving Room, Kitchen. and Master Bedroom an ath cad in Master Bede 1A. Execution of Purchase Aercement and Rider: The partics are not bound by the Agreement or thts Rider unless and unt Asceoment and this Rider are executed by the parties. In the event that any provision of this Rider conflicts with the applicable law of the jurisdiction in whic 17. Severability: ic f this Rider which can be given effect without the cont! Property Is located, such conflict shall not affect other provisions 0 provision. 18. AssiemmentModifications: This Agreement and Rider cannot be assigned by Buyer unless Seller gives prior writen CO: Any modification to the Agreement or this Rider must be made in writing and executed by both Buyer and Seller. 19. Agent Acknowledement; Agent has informed the Seller of the Seller’s obligations under 42 U.S.C. 438Z(d) (The Lead- Paint Hazard Reduction Act) and is aware of his/her tesponsibility Sufler: Prudential Residential Services, Limited Vartnerskip By: Prudendat Hones Corporation, {ts General Partner Buver wa: Aree eige MAES ADM! laAcay RAGING — Oh eee EXEUBIE opt Gone cee eee eee oe HBL EH: ‘Bate Selling/ Agent ListingAgent PAGE 6E/EI'd wel Svcre bree QE cra IA ayes BLuCN dg ar:at 66. 92 UH

Docket for Case No: 03-003798

Issue Date	Proceedings
Dec. 19, 2003	Order Closing File. CASE CLOSED.
Dec. 19, 2003	Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Dec. 11, 2003	Order on Petitioner`s Motion for Continuance.
Dec. 03, 2003	Motion to Continue and Reschedule Formal Hearing (filed by Petitioner via facsimile).
Nov. 26, 2003	Respondents` Response to Petitioner`s First Request for Admissions filed.
Nov. 19, 2003	Notice of Unavailability filed by L. Schillinger.
Oct. 31, 2003	Request for Production filed by L. Schillinger.
Oct. 31, 2003	Petitioner`s Notice of Service of Petitioner`s First Request for Admissions and Petitioner`s First Interrogatories and Petitioner`s First Request for Production (filed via facsimile).
Oct. 24, 2003	Order of Pre-hearing Instructions.
Oct. 24, 2003	Notice of Hearing by Video Teleconference (video hearing set for December 22, 2003; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL).
Oct. 24, 2003	Order on Respondents` Motion to Dismiss.
Oct. 22, 2003	Petitioner`s Statement of Voluntary Dismissal of Counts I Through X, XII, XIII (filed via facsimile).
Oct. 21, 2003	Respondent`s Motion to Dismiss (filed via facsimile).
Oct. 15, 2003	Initial Order.
Oct. 14, 2003	Administrative Complaint filed.
Oct. 14, 2003	Election of Rights filed.
Oct. 14, 2003	Answer filed.
Oct. 14, 2003	Respondents` Motion to Dismiss filed.
Oct. 14, 2003	Agency referral filed.