van te ane . STATE OF FLORIDA ; ‘/ ‘S$ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ~* a, FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2003079157 AMY M. ATKINSON, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Florida Department of Business and Professional Regulation, hereinafter referred to as "Petitioner," and files this Administrative Complaint against Amy M. Atkinson hereinafter, referred to as "Respondent," and alleges the following: 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, Florida Statutes, and the rules promulgated pursuant thereto. 2. Chapter 475.01(1)(a), Florida Statutes states, in pertinent part: ‘Broker’ means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or conceming the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, FDBPR v. Amy M. Atkinson Case No. 2003079157 Administrative Complaint leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. A broker renders a professional service and is a professional within the meaning of s. 95.11(4)(a). 3. "Operate" means the commission of one or more acts described in Chapter 475, Florida Statutes, as constituting or defining a broker, broker associate, or sales associate, not including, however, any of the exceptions stated therein. See Section 475.01(3), Florida Statutes. 4. No person shall operate as a real estate broker or sales associate in Florida without being the holder of a valid and current active license therefor. See Section 475.42(1)(a), Florida Statutes. 5. Respondent is not now, nor was at any time material herein, registered as a licensed real estate sales associate or broker. 6. That in or about July 27, 2003, Respondent represented to Paula Gomez that she was a real estate licensee. 7. All times relevant Respondent was employed by Nafzinger Real Estate. 8. Respondent facilitated a real estate transaction and brought together a buyer, Kalli Kline and Paula Gomez, and a seller, a Mrs. White, of real property in Florida. 9, Respondent negotiated the terms and prepared contracts for the purchase and sale of that real property. A copy of the contracts prepared by Respondent are attached hereto and made a part hereof as composite Exhibit 1. FDBPR v. Amy M. Atkinson Case No. 2003079157 Administrative Complaint 10. Respondent took from the Kline and Gomez an earnest money deposit of $400.00 and $4,100.00 in connection with that contract. A copy of the check to Nafzinger Real Estate for the $4,100.00 is attached hereto and made a part hereof as Exhibit 2. 11. The transaction failed end Respondent refunded the earnest money deposit to Gomez. 12. Respondent facilitated another real estate transaction and rented the real property of Arlene C. Clifton , described as Lots 5 and 6 and the East 30 ft. of lot 7, Block 55, Davenport, according to the plat thereof recorded in plat book 3, page 58 of the public records of Polk, County, Florida; to Paula Gomez. 13. Respondent further facilitated the purchase of the property of Arlene Clifton by Paula Gomez, negotiating the terms and preparing a note and mortgage deed for the transaction. A copy of the note and mortgage deed is attached and made a part hereof as Exhibit 3. 14. Respondent took as an earnest money deposit from Paula Gomez $4,500.00. 15. The transaction failed and Respondent did not return the earnest money to the buyer, Paula Gomez, or pay the money to the seller, Arlene Clifton. 16. Respondent was at all times material bringing together the potential buyer and seller above with the intention that she would receive compensation or valuable consideration for the transaction. COUNT I Based upon the foregoing, Respondent is guilty of having operated as a broker or sales associate without being the holder of a valid and current license as a broker or sales associate in violation of Section 475.42(1){a), Florida Statutes, and, therefore, in violation of Section 455.228, FDBPR v. Amy M. Atkinson Case No. 2003079157 Administrative Complaint , 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, 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 and Rule 61J2-24.001, Florida Administrative Code. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Rule 61J2-24.001, Florida 4 FDBPR v. Amy M. Atkinson Case No. 2003079157 Administrative Complaint Administrative Code. SIGNED this QO _ day of Saas. , 2004. Department of Business and Professional Regulation by: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER Alpheus C. Parsons, Senior Attorney Florida Bar N° 607721 ‘ Senior Attorney, Real Estate . FILED Department of Business and Professional Regulation, Division of Real Estate 400 West Robinson Street N801 Orlando, FL 32801-1757 (407) 481-5632 (407) 317-7260 FAX 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 5 FDBPR v, Amy M. Atkinson Case No. 2003079157 Administrative Complaint 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 Department of Business and Professional Regulation 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. ADMINISTRATIVE COMPLAINT EXHIBIT #__f£ —~____— PAGE ___/ — OF PRY arena ae r © AND THE FLORIDA BAR . las 3 ?ARTIES: - : (Seller), ot . - Phong) - w Kat Kags es = wraty a had seh and peat — E following | real ip enBor fL F 3G = (proony LAU = YB Ll of Sale and Purchase and any siders ard ncsends (Conuracr" , property (csletivaly Proper") pursuant othe forms and Gonciions of le Contact « DESCRIPTION: - (a) Lega! description of the Real Property localed in : Ke GLK county: Fiorisa: BI kK 3D {b) Slraal address, city, zip, of the Proporty 1s: A i - {c} Persona! Property: N08 back : : PURCHASE PRICE: PAYMENT: {a) Deposit held In escrow by, ae se ve tet G40 dS esc Agent) In the amount of (b) Additonal escrow deposit lo be madi to Escrow Agant within days alter Efloctive Date (see Paragraph Ill) in the amount of.. (c) Subject to AND assumption of existlag morigags In good slanding In favor of having on epproxlimale present pilnclpal balance of .. (9) New mortgage financing with a Lander {see Paragraph 1V) In the amount of {e) Purchase monay mortgage and note to Seller (see tidor lor terms) in the amount of (f} Othor: (g) Batance lo close by U.S. cash or LOCALLY DRAWN cashiers of oficial bank check(s}, subject to adjustments or prorations.. I. TIME FOR ACCEPTANCE OF OFFE} \ FFECTIVE DATE; FACSIMILE: II this offer Is not exoculed by and delivered lo all parties OR FACT OF EXECUTION communicated in writing atween the parliss on or before. the daposit(s) will, al Buyer's option, be returned and this offer withdrawn, For purposos of dallveny a notice of xecution, parties Include Buyer and Seller cr each of the respective brokers or allorneys. Tha data of Contract (‘Ellective Date”) will ba the dale when the fas! one ol the Buyer end Seller as signod thls olfer. A facsimile copy of this Contract and any signaluras hereon shall ba considered lor all purposes as an original, ’ FINANCING: (a) This Is a cash Lansaction with ne contingencies for financing: “ HE 6 ©) (b} This Contract 's conditioned on Buyor obtaining a wrillen joan commitment within days allor Ellectiva Dato for (CHECK ONLY ONE): C) a fixed; (2 an adjusieble; of Ca fixed of adjustable rate loan In the princlaal amount of $ , Bt an inllat intorost rate nol to oxcoed *%., discount and origination loos nol 10 excood % ot principal amount, and for a term of ____ years. Buyer will make application within days (5 days I lett blank) atiar Etloctive Dalo and use reasonable diigance to obialn a an commitment and, thezealtar, to sallsty {9 ms and conditions ol the commitment and close the loan. Buyor shall pay all loan expanses. I! Buyer falls to obtain a commilmont or lalis to waive Buyers rights under this subparagraph within tho Uma for obtaining a corumiiment or, alter dliigant atiart, lalls to meat tha terms and condifons of the commitment by the ciasing dato, then either pany therealtar, by written notice Lo the other, may cancel this Contract and Buyer shal! be ratunded the deposits); or O(c) The existing mortgage, dascribac In Paragraph !I{c) above, has: Q) a variable interest rale; or C) a fixed Intores! ri f % per annum, At lime of \iile transfer, some fixed Interost rales are subject to increase; II Increased, the rate shall nol excoed % per annum. Seilet shall furnish a statemont trom ch mortgagos stallng the princ pal balance, mothod of paymanl, interest rate and status of morlgage of authorize Buyar or Closing Agent to obtain the same, 1! Buyer has agroad to assume a mortgage which requitaa approval of Buyer by tha mortgagos for assumption, then Buyer shall promptly ébiain the necessary applicallon and diligantly comploto and return lo tie mortgages. Any mortgagee charge(s), Motloexcead$__ (3% of amount assumed If lett blank), shall bo paid by Buyer. If Buyor Is nol acceplad by morigages or tho requirements for asiumplion are ‘not in accordance with the terms of this Contract of morigagea makes a charge in excess of Io sistod amoual, Sellor or Buyor mey roscind this Contr party unless all cls to pay the Increase In interest rate or excess morlgaga cons Zo e ct ven Ap IIce to the Ot Or nn EL, OH ahh O Ae TITLE EVIDENCE: At least __ days botore closing date, (CHECK ONLY ONE): Cy SouseEhall, al Selfors eeASes 6 Bi oP alert allomey; of ee fs 2 al Bi ME, «pense obtain {CHECK ONLY ONE): CQ atisiract of title; or ETitle insuranca commilment (with tegible copies of Instruments listed as exceplions attacheydhereto) and, atter clos yner’s policy of tile Insurance, th : Lo) cp el |. CLOSING DATE: This Iransaction shall 20 closed and tho closing documents delivered on Suidy 27 bl on Sib $ modifiog by oloRptoW EMER. li, RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take litle subject lo: compvel land use plans, zoning, resirictions, prohibillons and other requlrernents Imposed by >varamontal authority; restrictions and matters appearing on the plal or otherwise common to the subdivision; outstanding oil, gas and mineral righls of record without right of entry: public ility easements of racord (sasemanis are to ba located contiguous to real property lines and nol more than 10 leet in width as to the rear or tron! lines and 7 1/2 taal In width es to the side 105, Uniess otherwise stated herein); axes for year of closing and subsequent years; assumed morgages and purchase money mortgages, if any (If additional tems, ‘ovided, that there axists al closing no violat.on of the foregoing and none prevent use of the Property for iit, OCCUPANCY: Seller warrants that therv are no parties In occupancy other than Seller; but If Property Is Intended to be rented or occupied beyond closing, tha lact and tsrms thereo! vd the lenani(s) of occupants shall be disck: pursuant to Standard F, Seller shali deliver occupancy of Property to Buyer al tIme of closing unless otherwise staled haraln. { occupancy fo fetivered befora closing, Buyer assures all risks of loss to Property from ‘of occupancy, shall bo responsible and tlable for mainlenance Irom Ihat date, and shal! b» deemed ta ave accepled Property In tis existing condition as of time of laking occupancy unless otherwise slaled horeln, addendum); purposa(s), TYPEWRITTEN OR HANDWHITTEN P'AOVISIONS: Typewritien or handwritten provisions, ridaré and addenda shall control all printed provisions of this Coniracl In conflict wilh them, RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): OQ COMPREHENSIVE RIDER . Q HOMEOWNERS’ ASSN. . * QA COASTAL CONSTRUCTION CONTROL LINE (CONDOMINIUM Q-as is" . OUINSULATION Q VAFHA () LEAD-BASED PAINT QO. . « ASSIGNABILITY: (CHECK ONLY ONE}: Buyer C] may assign and thereby be released Irom any further llability under this Contract; Q may assign but not ba released trom labllity adr this Contract; or () may not assign this: Contract. . N I. DISCLOSURES: (2) Radon Is 2 naturally cocurring radioactive gas thal when accumulated in a buiding In sulficion! quantities may prosen! heatth risks to parsons who are exposed lo I over lima, Levals of radon thal axceed ladara! and slate guidelines: hava been found in ln Flodda. Additiona! intormalion regarding Fladon of Radon lasling may be obtained from your County Public Health uni. (b) Buyer acknowladgos roceip! of (ho F orida Building Energy-Elficlency Rating System Brochure. (c) II the roal property Inctudas pre-187E residontlai housing thon a load-based paint rider ls mandatory. (d) it Setlér ts a “foreign person” as dalined by the Foreign Investment In Real Properly Tax Acl, lhe parties shall comply with that Act {e) If Buyer will be obligated to be a mainder of a homeowners’ association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION DISCLOSURE. it, MAXBAUM REPAJA COSTS: Seller shal nal be responsbble lor paymsnts in axcess oft . ? Le (als fo! treatment and repair under Standard 0 {if blank, then 2% of tha Purchase Price). 0) 8 .. fol repair and replacement under Standard N {if blank, than 2% of tha Purchase Price). V, SPECIAL CLAUSES; ADDENDA: II adultlonal terms are to ba provided, attach addendum ond CHEGK HERE Q, #4. STANDARDS FOR NEAL ESTATE TRANSACTIONS: Standards A through W on tho rovorso sido or atlachod ara Incorporatas .as a part of this Contract. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. iF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. ; THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA DAR. Approval does not constitule an opinion thitt any of the terms and conditons in this Contract should be accopted by the parties in a particular transaction, Terms and conditkms should . bs negotiated based upon the sespective interests, ob/sctives and bargaining positions of all interested persons. COPYRIGHT 1998 BY THE FLORIDA BAA AND THE FLORIDA ASSOCIATION OF REALTORS! ‘poe a ee Caled. cial Securlty or Tax 1.0. # Social Security or Tax !.D. # Buyer) (Wate) (Setier) (Dale) ela! Security of Tax .0.# = cposil under Paragraph It {a} rocelved: iF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. NOKER’S FEE: The brokers namnd below, Including lisling and cooperating brokers, ara the only brokers ent peiy compensation In. one: be Vatstaer Kal Estee Cooperating Brokers, It any Listing Broker i . ATVBAR-S* Rovisod 8/98 RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS® OR THE FLORIUA BAR /4 {Escrow Agant) + (nuyer Social Sgeumy PH Venn RTT Ur ieertewe Rael} cor L E NISTRATIV EXHIBIT #--— PAGE ADW OF _ Contract for Sale and Purchase’ 2°) REL : LOHIDA ASSOCIATION OF REALTORS® ANDTHE: FLORIDA BAR: . a YAM Ketukerst 3. Ss Ka ii Lines . ie iediaa lark Ave Doaknpark EL 1d Buyer shal buy the Jollowing described real property and personal properly (collectively ‘ale and Purchase and any rlders and addenda (*Conlract"); . DESCRIPTION: (a) Legal dascrlplion of the Real Property !acated In FO1K County, Florida: B l K 35 hot 3 (©) Stroa! adross, clty, zip, of the Proparty Is; “SE. Rare Ee C. : (€) Personal Property: W204 acd- 2 PURCHASE PRICE: SAYMENTS ‘a} Deposit hatd in escrow by Phone) AB4 = Aare: *Proparty”) pursuant to the terms and condilions of hls Contract CS escrow Agent) In he amount of, } Additional escrow daposil to be made to tiscrove Agent within __/ days alter Elective Dale (soa Paragraph ill) In tha amount of. ¢) Subject lo AND assumption of existing mortgago In good standing in favor of faving an approxi: 0) New mortgage financing with a Lender (s98 Paragraph IV) In the amount of 8) Purchase monay morigage and note lo Salier (see rider lor terms) in the amount of F f) Othar: 3) Balance fo close by U.S. cash or LOCALLY DRAWN cashier's or olficial bank check(s), subject to adjustments or proralions.... . . $ Lyfer : Q IME FOR ACCEPTANCE OF OFFER; EFFIECTIVE DATE; FACSIMILE: Il this offer is not exacuted by and delivered to all parties OR FACT OF EXEC ‘gn the parties on or before . 1 QE i , Present principal balance of . UTION commdntcated irr welts INANCING: J (a) This Is a cash transaction with no contingncias for financing; } (b) This Contract Is conditioned on Buyer eblaining a written loan commitment within «ed of adjustable rala loan in the principal arrount of $ days atlor Ellactive Date for inclpal amount, and for a term of yeu 81 an Inillat intorest rate not to exceed s, Buyat will make application within days (5 days Il lett blank) alter Elle 1nd conditions of the commilment and close of ___% par annum. Al lime of tila transter, some fixed each mortgagee stating the principal balance, sthod of payment, interest rate and status o' morigage or authoriza Buyer or Closing Agent to obtaln the same. i! Suyar has agraod lo assume a mortgage which requires #;pzoval Buyer by the morigagee lor assumpllon, thon Buyer shall promptly ébiain tho necessary applicalion and ditigontly cumpiole and raturn Il to Ihe morgagee, Any morigagoe cher tto exceed § 1% igagoe or tho requirements for assump! on ai cind this Conlract by written notice to thi olhar HORS, days beore closing dale, (CHECK ONLY ONE): Nv sorted Solier’s expense, doliver lo Buyar or Buyer's attorney; or EBuyer shall at Buyors 8 obtain (CHECK ONLY ONE): [ abstract of litle; or Z4Tive insurance commilment (with legible coples of instruments listed as exceplions allacheg therola) and, aller closirg, an policy of litfs insurance, 7 0%, KOOL OK? ,' OSING DATE: This Wansaclion shal! be closed and tho closing documents delivered on NaSS Moditied by olhér provisfons of this Contract. L * ‘STRICTIONS; EASEMENTS; LIMITATION: Buyer shall take tiie ‘subject to: combi nsive/land use plans, zoning, restrictions, nental authority; Festrictions and mallets apg earing on the plat or otherwise common lo tha subdivision; prohibiiions and olher requirements imposed by, tsoments of tecord (aasements are to b Culstanding oll, gas and minora! rights of record without righ! of entry; public, ¢ located contiguous to real property linas and not more than 10 leat in width as lo Ihe reat or Iron lines and 7 ‘1/2 feel in width as to the side ‘+ less otherwise staled herein); taxes for yaar of closing and subsequent years; assumed morigages and purghese jOney mortgages, Il any (if eddiliona! lems, sae addendui 4, that thera exists at closing no violation of {re foregoing and none prevent use of the Properly to Boge owe apy (ane iY Ut eona ems, soo 2 Purpose(s}_ ‘CUPANCY: Soller warrants that there are n> parties In ‘occupancy other than Seller; but if Property is Inlended Io be rented or occupled beyond closing, the fact and larma there. tenanl{s} or occupants shail be disclosad pursuant lo Standard F. Seller shall deliver occupancy of Property lo Buyer al lime of closing unless otherwise stated herein, If occupancy delivered betora closing, Buyer assumes all ‘isks of loss lo Property from dale of occupar incy, shall ba responsible and llable for maintenance from that data, and shall be deemed lo zapted Proporty In Its existing condition as ol time of laklng occupancy unless otherwise staled hereln. 2EWHITTEN OR HANDWRITTEN PROVISIONS: ‘Typawritton or handwritten provisions, riders. ‘ERS: (CHECK those ridors which are applicable AND aro atiached to this Contract): O COMPREHENSIVE RIDER And addanda shail control all printad provisfons of thls Contract in conllict wilh Iham, CUKOMEOWNERS’ ASSN, * Dicoastat coNsTAUCTION CONTROL UNE CQ CONDOMINIUM CI"As Ist . OUINSULATION QQ VAFHA . CULEAD-BASED PAINT Q. SIGNABILITY: (CHECK ONLY ONE): Buyer Q ‘may assign and thereby be releasad from any lurther liability under this Contract; C) may assign but not belraleased orm I is Contract; or L) may nol assign this Contract, talty CLOSURES: fhadon Is a naturaly oocuning radioactive gas tat won aocumw/aled ina bulking nsuiicen! quantiles may present heal risks to orsons who ara exposed {0 H over lima. Levels of radon that excoed lodara! and stale guidalinas have ben found in buildings in Flora. Additonal information regarding ladon or Flacon lasting may be obtained from your County Public Heat. unit Buyer acknowledgas recoip! of tho Florida Building Enorgy-Elficlency Rating System Brochuro. It the teal proporty Includes pre-1970 residontia! housing thon a foad-besod Paint rider is mandatory, 1 Seller is a Yoraign person” as delinad by te Foreign Invesiment in Real Property Tax Act, the parties shait comply wilh that Act. { Buyor will bo obligatod to bo # momber of a hom: eownors' association, BUYER SHOULD NOT EXECUTE THIS: CONTRACT UNTIL BUYEN HAS RECEIVED AND READ THE tOMEOWNERS' ASSOCIATION DISCLOSURE. <¢MUM REP 'OSTS: Solisr shall nol be rosponsiblo lor paymants In excess of: ae : 4 {or treatment ang repris under Stonetard D {it bank, then 2% of Ihe Purchase Price). H lor repair end replacementty Slandard N (if blank, then 3% of the Purchase Price). CIAL CLAUSES; ADDENDA: if ndditionat tums aro lo bo provided, allach addondum and CHECK HERE C), ~ HOARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on Ihe reverse sida or allachod are incorporatod as a parl of this Contract. THIS IS INTENDED YO BE A LEGALLY BINDING CONTAACT, IF NOT F! ‘ULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING, THIS FORM HAS BEEN APPROVED BY THE FLO! AIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR, does nol constitute an opinion that any of tha terms and condiions in this Contract should ba accopted by the parties in a particular transaction, Torms and conditions shoutd be nagoliated busod upon tha respoctivo interasis, objoctivas and bargaining positions of all inorestod parsons. COPYRIGHT 1996 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS! Md Aisi YZ 2t=AQ-o) , ale) (Seiler) cutlty or Tax LD. # Wala) Social Security or Tax 1.0. # Wate} Geller Daioy curity or Tax 1.0. # wer Paragropi It (a) recolved: F OTHER THAN CASH, THEN SUBJECT TO CLEARANCES 8 FEE: Tho brokars nomad bolow, including listing and cooparating brokors, arc tha only brokers 6 : Adetles Vat taer Kal &E Séaperoling Brokers, it any . Cisting Broker S* Revises 6/98 RIDERS CAN BE OBTAINED FROM THE FLORIOA ASSOCIATION OF REALTORS® OR THE FLORIDA BAR /? fev Ll {Escrow Agent} Payable at SunTrust Bank qa ee) \ ak 48 ae 4 AM \ Q oe [e) 4a £2 . 88% AL \ AA yp \ 2B ogo VEE be , 22S Lh eR Zz . 6b By ORLA BSG BA BS s ee" £4 ach Oo. Be -) 23% = ae 2 bevy R z (a) jo) Le 2, ca Le ras = a? Bao BP ° my Ga, Let ay 2 7 eh Pb e => g i t A) Y, ke \ SCO Yb < Q Sh oS c= % Pp: 8 e pe TR % & 4 Mo 2% % Y. 25 oo ke soy cal ax 2 BX cw Mm Be SUNT RUST Official Check ae Icial Unec 2109124197 Customer Copy Not Negotiable UROSI2 6137 Purchaser “Eb? RiTWE . Date Initials (type) Center TUL, SF, 2GGT meee ° PAY +e oe eats i vs pe $44, 100.0%" BRAS ES, 100 OG ee ee - \ . To the MAPLIGER REAL KSTATE SunTrust Banks, Inc. by its Authorized Agent Order SunTrust Bank, Central Florida of : : t- Non-Negotialbic Authorized Signature m2EOUk CLAP “> Ex 7 fy A INSTALLMENT PROMISSORY NOTE $42,000.00 Date: June 07, 2002 For value received, the undersigned Paula (Hoch) Gomez (the "Borrower"), at 207 East Palmetto St., Davenport, Florida 33837, promises to pay to the order of Arlene Clifton, (the "Lender"), at P.O. Box 926, Davenport, Florida 33836, (or at such other place as the Lender may designate in writing) the sum of $42,000.00 with interest from June 07, 2002, on the unpaid principal at the rate of 7.00% per annum. Unpaid principal after the Due Date shown below shall accrue interest at a rate of 5.00% annually until paid. The unpaid principal and accrued interest shall be payable in monthly installments of $279.43, beginning on July 07, 2002, and continuing until June 07, 2032, (the "Due Date"), at which time the remaining unpaid principal and interest shall be due in full. All payments on this Note shall be applied first in payment of accrued interest and any remainder in payment of principal. The Borrower promises to pay a late charge of $25.00 for each installment that remains unpaid more than 15 day(s) after its Due Date. This late charge shall be paid as liquidated damages in lieu of actual damages, and not as a penalty. If any payment obligation under this Note is not paid when due, the remaining unpaid principal balance and any accrued interest shall become due immediately at the option of the Lender. The Borrower reserves the right to prepay this Note (in whole or in part) prior to the Due Date with no prepayment penalty. Ifany payment obligation under this Note is not paid when due, the Borrower promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process. If any of the following events of default occur, this Note and any other obligations of the Borrower to the Lender, shall become due immediately, without demand or notice: 1) the failure of the Borrower to pay the principal and any accrued interest in full on or before the Due Date; ADMINISTRATIVE COMPLAINT. EXHIBIT # PAGE | OF _ EX & / i Prepared by and Return to:, Paula Hoch Gomez 207 East Palmetto St. Davenport, FL 33837 File No.: 2006007 THIS MORTGAGE DEED Executed the OT day of June A.D. 2002 by Paula (Hoch) Gomez Hereinafter called the mortgagor, to Arlene C. Clifton Hereinafter called the mortgagee: ( Whenever used herein the terms “ Mortgagor” and “Mortgage” include all the parties to the instiument and the heirs legal representatives anc! assigns of individuals, and the successors and. ‘assigns of corporations; and the term “note” includes all the “notes” herein described if more than one. Wherever used the singular number shall include the phiral the singular and the use of any gender shall include both genders.) Witnesseth, that for good and valuable considerations and also in consideration of the aggregate sum named in the promissory note, the terms of which are included herein, the said Mortgagor does grant, bargain, sell, lien, remise, release, convey and confirm unto the said Mortgagee in fee simple, all that ceriain tract of land’ of which the said Mortgagor ‘s now seized and possessed, and in actual possession, situated in Polk County, State of Florida, described as follows: Being Lots 5, 6, and the East 30 ft. of lot 7, Block 55, Davenport, according to the Plat thereof As recorded on Plat Book 3, Page 58, of the Public Records of Polk County, Florida. To Have and to Hold the same, together with the tenements, hereditaments and appurtenances unto said Mortgage in fee simple. 2 4 And said Mortgagors do covenant with said Mortgagee that said Mortgagars islare indefeasibly Seized of said land in fee simple; that said Mortgagors have fall power and lawful right to convey said land in foe simple as aforesaid: that said land is free from all encumberances; that said Mortgagors will make such further assurances ta perfect m fee simple title to the above shown propertly as may reasonably be required; and that sa id Mortgagor does hereby fully warrant the said title to said land and will defend the same against the lawful claims of all persons whomsoever. Provided Always, that if said Mortgagors shall pay unto the said Maortgagee that certain Promissory Note hereinafter identified, to witt. ADMINISTRATIVE COMPLAINT EXHIBIT # _ PAGE a Se ES } oe 70 ane $42,000.00 in Florida dated, 07 June, 2002 The undersigned, promise to pay to the order of: Arlene C. Clifton At The sum of: Forty-two thousand dollars, and 00/100 cents. In lawful money of the United States of America, with interest after date at the rate of 7.00 % per annum, Computed and payable Monthly on the balance remaining from time to time unpaid. This Note shall be payable as follows: , . SEE SCHEDULE “A” ATTACHED HERETO AND MADE A PART HEREOF. In case said installments, or an.s of them, are not paid within 30 (thirty) days when due, the whole of said sum then remaining unpaid Shall forthwith become due and payable at the option of the holder of this note. It is agreed by all partios Hable herefor or hereon, that should this “Note” he collected ly legal process or through demand of an attorney, to pay all costs of the same and reasonable attorney's fee. And each of us, whether maker, surety, guarantor, or endorser, hereby severally waives all rights of homestead, and of exem ption, presentment and demand for payment, protest, notice of protest, and notice of dishonor, and consents that this note, or any part herec}, mane extended without further noticy SUSAN G. ALDERMAN MY COMMISSION # D0 001127 EXPIRES: March 2, 2005 Borges They Notary Public Underwriters Paula (Hoch} Gomez And the said Mortgagors hereby covenant and agree as follows: ig 9) 1. To pay the principal ard interest and other sums of money payable by virtue of said promissory note and this mortgage, said payments to be made promptly when due. . . 2. To pay all and singular the taxes, assessments, levies, habihties, obligations and encumbrances of | every nature on said property, and if the same be not promptly paid the said Mortgagee may at ary time pay the same without waiving or affecting the option to foreclose orany right to hereunder, and every payment so made shall bear interest from the date thereof at the same rate as specified in said note. 3. To pay all costs, charges and expenses, including attorney's fees, reasonably incurred or paid at any time by said Mortgagee because of the failure on part of the said Mortgagors to perform, comply with and abide by each and every stipulation, agreement, condition and covenant of said promissory note and this mortgage, and every such payment shall bear interest from the date thereof at the same rate as specified in said note. 4. To keep the buildina(s) now or hereafter on said land insured in an amount not less than the fall insurable value, in a company or companies, to be approved by said Mor Hagee, and the policy or policies, heid by and payable to said Mortgage. In the event any sum of money becomes payable under such policy or policies, the Mortaaaee shall have the option to receive and apply the same on account of the indebtedness hereby secured or to permit the Mortgagors to receive and use it, or any part thereof, for other purposes, without thereby waiving or impairing any equity lien or right under or by virtue of this mortgage, and may place and pay for such insurances or any part thereof, without waiving or affecting the option to foreclose of | any right hereunder, and each and every such payment shall bear interest from date at the same rate as specified in said note. — 5. To permit, commit or suffer no waste, impairment or deterioration of said property or any part hereof. 6. To perform, comply with and abide by each and every stipulation, agreement, condition and covenant in said Promissory note and this mortgage. 7 Hany of said sums of money herein referred to he not promptly and. fully paid within the period as shown in said promissory note, or if each and. every stipulation, agreement, condition and covenant of said promissory note and this : mortgage are not duly performed, complied with and abided by, the said aggregate sum mentioned in said promissory ADMINISTRATIVE COMPLA! NT EXHIBIT #__3 PAGE 2% OF . Al

Docket for Case No: 04-001328