la Y-, Or, us A Ay % STATE OF FLORIDA oy 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL recutaniR > . FLORIDA REAL ESTATE COMMISSION Oh, ’, a . . “$ FLORIDA DEPARTMENT OF BUSINESS - AND PROFESSIONAL REGULATION, ——, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2002015390 2002015391 J. URBAN BOUTIN AND DIANE SMITH BOUTIN, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against J. Urban Boutin and Diane Smith Boutin (“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 J. Urban Boutin is and was at all times material hereto a licensed Florida real estate broker, issued license number 217158 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker at Watermark Realty (WCI) Inc., 8751 W. Broward Blvd. #500, Plantation, Florida 33324. 3. Respondent Diane Smith Boutin is and was at all times material hereto a licensed Florida FDBPR v. J. Urban Boutin Case No. 2002015390 Administrative Complaint real estate sales associate, issued license number 614362 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker at Watermark Realty (WCT) Inc., 8751 W. Broward Blvd. #500, Plantation, Florida 33324. 4. Respondents are the owners of Smith Consultants, Inc., a Florida Corporation, 5. Smith Consultants, Inc., owns real property commonly described as 14850 Crescent Cove, Ft. Myers, Florida 33908 (14850 Crescent Cove). 6. Respondents through their corporation entered into a contract for the sale of the real property at 14850 Crescent Cove to Diana and Jeffrey Krouse (Krouses). A copy of the Contract for Sale and Purchase is attached hereto and made a part hereof as Exhibit 1. 7. Before the contract for sale was signed, Respondents represented to the Krouses that the property could be rented by the Krouse’s for about $2,400 a month. 8. Atall times material, the fair market rental value of the property was less than $2,400 per month. 9. Respondents also represented in the Seller’s Real Property Disclosure Statement and orally to the Krouses that there were no defects in the roof, that there were no leaks in the roof, and that no work had been done to correct leaks in the roof knowing this not to be true. A copy of the disclosure statement is attached hereto and made a part hereof as Exhibit 2. 10. Respondents failed to disclose to the Krouses the problems with the roof of the subject property. COUNT I Based upon the foregoing, Respondent J. Urban Boutin is guilty of misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in FDBPR v. J. Urban Boutin Case No. 2002015390 Administrative Complaint any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT II Based upon the foregoing, Respondent Diane Smith Boutin is guilty of misrepresentation, concealment, 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. 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 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), 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; FDBPR v. J. Urban Boutin Case No. 2002015390 Administrative Complaint 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 Florida Administrative Code Rule 6152-24.001. SIGNED this 19 day of _ aR , 2004. a aN TACK pit pir. Department of Business and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Alpheus C. Parsons, Senior Attorney Florida Bar N° 0607721 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX ACP/k PCP: HE/NM 3/17/04 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. FDBPR v. J. Urban Boutin Case No. 2002015390 Administrative Complaint 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. 43124 University Drive “ Fort Myers, Florida 33907 Phone: 941-482-5700, Fax: 941-482-7711 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIOA BAR. coe ry Peery PARTIES; Smith Consultants, Inc. ("Seller"), and Diana Matalie Krouse : . Jaffrey Krouse ares CaN (‘Buyer’), hereby agree that Soller shall sell and Suyer shal buy the folowing descrbed real property end ‘peredinal i 31 Property (collectively “Property") pursusit to the terms and conditions of this Contract for Sale and Pi Hders and ackienda (Contract): 4 DESCRIPTION: (a) Legal descripton of the Real Property located in Tea Cty, Florida: #31- 45~-24-06-00000.0250 3 3 (b) Street actress, ciy, zip, of the Property is: 14850 Crescant Cove Ft, Myers, Florida 33908 (0) Personal Property. All kitchen appliances, washer, dryez, ceiling fans, electrical Kixtures, window coverings, garage door openers. PAYMENT: Prudential Flarida wcl nealty Upon Acceptance Le ance AGecrow Agart}inthe amountof. 0.66... esc ccc ee cacceccuvercusuyeer ly o (b} Additonal escrow deposit to be made t) Escrow Agent within 2 days after Effective Date (see Paragraph Ili) In the amourtof...,....,. ee eeeee a $8 (c) Subject 2 AND aesumption af existing morigege in good standng in favor of having an approximate present principal belance of..............-.-ec0cec ee $— n/a (d)_ New mortgage financing with a Lender (see Paragraph IV) in the amount......... $ ——__.229. $00 “ of Buco hundred twenty-n, 5 : (@) Purchase money mortgage and note to Seler (see rider for terme) in the - amout of D/a $ ee ff Other: Add. —Rept4days afrer affective date sees ee eae $ ——______ 1.000 0) Balance to clos by U.S. cash tr LOCALLY DRAWN cashiers or official bank check(s), subject to adjustments or prorafons.......200....0., tree eee S am dS, 50D ft. TIME POR ACCEPTANCE OF OFFER: EFFECTIVE DATE; FASCIMILE: If this offer is not executed by and deWered to al patios OF FACT OR EXECUTION communicated in writing between the partias on or before 2 : , the depasit’s) wil, & Buyar's option, be retumed and this offer withdrawn. For Purposes of delivery or notice of execution, parties include Buyer and Seller or each of the respective brokers or attorneys, The date of Contract (“Effective Date") wit be the date when the last one of the Buyer and Seller has signed this offer. A facsimile copy of this Contract and ary signatures hereon shai be considered for all purposes as an origind. \,. FINANCING: O(a) Ths is 2 cash transaction with no contingencies far financing BJ (b) Ths Contract Is cunditioned on Buyer abtaining = writen ican commitment Witin__ 20 days efter APIGAR-Sa, Contract for Saie and Purchase, Revieed 8/08 : rs) DOPYRIGHT 1998 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS® ‘ CJ eal AS TS Forma, Box 4700, Prince, CO 80443, Version 6.08, CRealFAST®, 2002; Rage LELFRVY230681 a cmsleud sales, Prudontin! Florida WC! Realty Ps tefe : wyatt) we OMS 13:25:11 ae ADMINISTRATIVE COMPLAINT. Seteris) | EXHIBIT #2 i on ~ | OF EXHISi PPR @S 2002 16:56 FR PRUDENTIAL FL WCI 9444827711+4+ TO 18565895818 P.23-a5 Effective Date for (CHECK ONLY ONE): D) a fed; [lan adjustable; or BI a fred or adjustable rate loan in the prinebal amount of § 229,800 , St an initial interest rete not tp exceed __7.5 __. %, discount and origination Tees not to exceed 1. % of principal amount, and for a term of 30 _. years. Buyer wil make eppication within __S___days (5 days If lett Hank) after Effective Date and use reasonable diligence to obtain 4 lean commitment and, thereafter, to safsfy terms snd condone of the commitment and close the loan. Buyer shall pay ail loan expanses. if Buyer falls to obtain & commitmert or fais to waive Buyer's righta under this subparagraph withn the tme for obtaining a commitment or, after diligent sffert, falls to meet the terms and conditions of the commitment by the cocing date, then either party thereafter, by written notice bo the other, may cancel this Contract and Buyer shall be refunded the deposk(s); or 1 (6) The existing morgage, deserbad in Paragraph ii(o) above, has: (C) a variable interest rate; or L) a fixed interest rate of __.__. % per annum. At time df tite transtar, some fixed Interest rates are sudject to increas; if ircreased, the rate shal not execd % per annum. Seller shall furnish a statement from each mortgages stating the principal balance, method of payment, interest rate and status of mortgage or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagae for assumption, then Buyer shal promptly obtain the necessary application and diigentty compiste and retm k to the morigages. Any mortgagee charge(s}, not to exceed $--n/e (1% of amount assumed € left blank), shall be paid by Buyer. if Buyer & not accepied by mortgagee or the raqurements for assumption we ne&t in accordance with the terms cf this Contract or mortgagee makes @ charge in excess of the stated amount, Seller or Buyer may rescind ths Contract by written notice to the other party unless either elects te pay the increase in interest rate of excess mortgage charges. V. TITL® EVIDENCE: At least. 5 days before closing date, (CHECK ONLY ONE): LI Senter shal, at Seller's expense, daliver to Buyer or Buyers attorney; or im Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): 5 abstract of tite; or CI tide insurance commitmert (with legible copies of instruments listed aa exceptions attached theretz) and, after closing, an owner's policy of tte ingurance. VL CLOSING DATE: This transection shal bs closed md the closing documents delivered on 2 2002, unless modified by other provisions of tis Contract. Vi. RESTRICTIONS: EASEMENTS; UMITATIONS: Buyer shall take title subject to: comprehensive fand use plans, zoning, restrictions, peahibltions and other requirements imposed by govemmenta suthority; restictione and matters appearng on the plet or otherwise common wo the subdivision; outstanding all gas and mineral ry of record without right of entry, public utlity easements of record {easements are te be locsind contiguous to real property Ines and not more than 10 feet In width ox to the rear or Fort ines and 7 1/2 feet In width as t the side fines, unless otherwise stated herein); taxes for ywar of closing and subsequent years; assumed mortgages and purchase mansy mortgages, I any {if addtional tums, see addendum); provided, that there exists at closing no vidation of the foregoing and none prevent use of the praperty for ~Rasidential : purpose(s). Vill. OCCUPANCY: Seler warrants thet there are no parties In occupancy other than Seller; but # Property is intended to be ranted or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shail be disclosed pursuant to Standard F, Soller shall detver conpaney of Property to Buyer at time of closing unless otherwise stated herein. tf oceupancy it to be delivered before clesing, Buyer assumes all reks of loss to Property from date of occupancy, chal be recponeible ard fable for maintenance irom that date, and shall be deemed to have accepted Property in its existing condition as of time of taking ocouparcy unless otherwie stated herein. IX TYPEWRITTEN OR HANDWRITTEN LIMITATIONS: Typewrittan or handwritten provisions, riders and addenda shall contrel all printad provisions of this Contract hn confict wih them. X RIDERS: (CHECK those riders wich are applicable AND are attached to this Contract): CO COMPREHENSIVE RIKER FPS HOMEQWNERS'ASSN. CI COASTAL CONSTRUCTION CONTROL UNE C] CONDOMINIUM (-asis* I INSULATION C1 VAFHA CJ LEAD-BASED PAINT - OJ-addendum } Xl, ABSIGNABI s (CHECK ONLY ONE): Buyer [] may assign and thersby be released from any further lisbiity under tris Contract [MZ may assign but not be released from Iabity under this Contract or J may not assign this Contract, xXIL DISCLOSURES: (a) Radon is a naturally occuring radioactive gas that when accumuiated in 2 building in sufficient quantities may present health rigks to persons who are exposed to it over time Lewis of radon that exceed federal and state gudelines have been faund in buidings in Florida. Actitional information regarding Redon or Radon testing msy be cbtained from your County Public Health unt. ‘ (b) Buyer acknowedges receipt of the Florida Bullding Energy-Efficiency Rating System Brochure. (c) the real property Includes pre-1978 rewidertial housing then a lead-based paint rider is mandatory. (a) if Sener isa mreigh, paréon at defned by the Foreign Investment in Real Property Tax Act the parties shall comply wi . (9) if Guyer wil be obligated im be a member of « homeowners’ association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS’ ASSOCIATION DISCLOSURE. XHL MAXIMUM REPAIR COSTS: Seller shal net be responsitle for payments in excess of. (a) $ ___________. fer treatment and reper under Standard © (if blank, then 2% of the Purchase Price}. {b) § for repair and replacement under Standard N (F blank, then 3% of the Purchase Price), FARUBAR-Ga, Contract far Sate and Purchase, Revised 238 SORYRIGHT 1098 THE FLORIOA BAR AND THE FLORIDA ASSOCIATION OF REALTORS®: RewFASTO Forma, Box 4700, Prisco, CO 60443, Version $.08, GReaiFAST®, 2002: Rags LFLFRW230681 o by: sales, Prudential Florida WC! Resity as ty cated ge 2g HrmR wo eum LOSE OR CRUE IAL re WoL D4eLHoe (fab 1U LESODsOULS reavu> XOV, SPECIAL CLAUSES; ADDENDA: If addtional terms are to be provided, sttach addendum and Check Here oO. XV, STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse Sic or attached we reorporated a6 @ part of thie Contract. Additional Terms Agreed to By Parties 4 ADMNISTRATIVE, PROCESSING ANO HANDLING FEE: PURCHASERS AGREE TO PAY BROKER AREAL ESTATE PROCESSING FEE IN THE AMOUNT OF $195.00 AT CLOSING. Deposits held by Pridential Florida WC Reaty wil be deposited in @ Florida financial Insttution selected by & and Prudenta Florida WC! Reaty may abtain from the financial Ingtitution a direct or indirect benefit in connection therewth, incleing nterest or other eamings. Seler has provided the privacy declocure ctaternent attached hare as Extibit"A’ end incorpasted herein by this reference, and Purchaser, by execution of this Contract acknowledges receipt of such disclosure. TH 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 BAR. Approval does nat constitute sn opinion that any of the terms and conditions in thia Contract should be accepted by the parties in a@ particular vareaction Terms and conditions ahaukd be negotiated based upen the respective interests, objactives and bargaining. positions of all irterested persons. COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS , , i DATE 4 [gfoe BUYER bea Vite _ Diana Natalie Krouse - DATE ALS | 0 2- BUYER Jeffrey Krouse Smith Consultants, Inc. DATE 13 59 | By: Smith Consultants, Ince. DATE SELLER Deposit under Paragraph fl (a) recalved; iF OTHER THAN CASH, THEN SUBJEC OQ CLEARANCE BROKER'S FEE: The broke d bel including fising and cooperating brokers, ara the on wake ] 4 ‘okers name ow, in in i a - i ‘ is Ci ‘ i] ‘a ly re entitled to Name: Cooperating Brokers, If any Listing Broker A. EVIDENCE OF TITLE: (1) An apotegt of tle prepared or brought cent by a ert wit TITLE: et prepared or brought current by a reputabla and existing abstract firm (if net existing than certified es correct by en exising firm) purporting to be an accurate opel of the instumente rect tite to the real property recorded in the public records of ths county wherein the rea property is located through Effective = Date. |t shall commence with the earliest public records, or such later date es may be customary in the county. Upan closing PARBAR Sa, Contract for Sale and Purchase, Revised 248 COPYRIGHT 1998 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS®: RealFAS$T® Forma, Box 4700, Frenn, CO 80443, Version 6.05, Chea FAS TS, 2002, Regt LFLFRW230681 Completed by » rajene pegs, salad, Prudential Florida WC! Reaky OACH02 1935-11 Page 3 of ¢ EXHIBIT __ pegs eS recording of the deed to Buyer, an owner's policy of titfe insurance in the amount of the purchase price, insuring Buyer's tile to the real property, subject only to fens, encumbrances, exceptions or qualifications provided in this Contract and those to be discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications provided in this Contract Marketable tite shall be determined according to applicable Tite Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving evidence of ttle to examine i if tite is found defective, Buyer shall within said 5 days netify Seller in writing specifying the defect(s). If defects) render tite unmarketable, Seller will have 30 days from receipt of notice to remove the defects, failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be immediately returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if tite is found unmarketable, use diligent effort to correct defect(s) within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit{s), thereby releasing Buyer and Seller from ail further obligations under this Contract. If evidence of title is delivered to Buyer less than 5 days prior to closing, Buyer may extend closing date so that Buyer shall have up to 5 days from date of receipt of evidence of fite to examine same in accordance with this Standard. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30-day grace period in the event of default if a first mortgage and a 15-day grace period ff a second or lesser mortgage; shal: provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of the real property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s), shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the real property against fire and all perils included within the term “extended coverage endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks focated in the county wherein the real property is located. All personal property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of tite and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback fines, easements, lands. of others or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. D. TERMITES/WOOD DESTROYING ORGANISMS: Buyer, at Buyer's expense, within the time allowed to deliver evidence of tite, may have the Property inspected by a Florida Certified Pest Control Operator ("Operator") to determine if there is any visible active termite infestation or visible damage from termite infestation, excluding fences. If either or both are found, Buyer shall have 4 days from date of written notice thereof within which to have cost of treatment, if required, estimated by the Operator and all damage inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to the amount provided in Paragraph XIll(a). If estimated costs exceed that amount, Buyer shall have the option of canceling this Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction and receive a credit at closing on the amount provided in Paragraph XiIlI(a). "Termites" shall be deemed to include all wood destroying organisms required to to be reported under the Florida Pest Control Act, as amended. E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the real property sufficient for its intended use as described in Paragraph Vil hereof, tite to which is in accordance with Standard A. F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the real property for 90 days immediately preceding date of closing. If the real property has been improved or repaired within that time, Seler shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting, forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county wherein the real property is located at the office of the attorney or other closing agent ("Closing Agent") designated by Seller. 1. TIME: In computing time periods of less than sk (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time Is of the essence in this Contract. J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, construction lien affidavit, owner's possession affidavit, assigiments of leases, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements. K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, mortgagee tite insurance commitment with related fees, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following FARBAR-£a, Contract for Sale and Purchase, Revised 8/98 | COPYRIGHT 1998 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS® 2a iOy4Pl AINT. RealFAST® Forms, Box 4700, Frisco, CO 80443, Version 6.08, ORealFA$T®, 2002; Reg# LFLFRW23068t? i Completed! by ie ve sales, Prudential Florida WCI Realty Buyer(s) fish WOME tog a aller(s) Page 4 of 6 30> EXHISIT | PAGE Peas related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the perty responsible for furnishing the tite evidence in accordance with Paragraph V. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before closing. Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to be made through day prior to closing, or occupancy, if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year’s tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year’s millage Is not fixed and current year's assessment is avaiable, taxes will be prorated based upon such assessment and prior years millage. If current year's assessment is not available, then taxes will be prorated on prior year’s tax If there are completed improvements on the real property by January 1st of year of closing, which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on conclition that a statement to that effect is signed at closing. M. SPECIAL ASSESSMENT LIENS: Certfied, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that the ceiling, roof (including the fascia and soffits) and exterior and interior walls, foundation, seawalls (or equivalent) and dockage do not have any Visible Evidence of leaks, water damage or structural damage and that the septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing systems and machinery are in Working Condition. The foregoing warranty shall be limited to the items specified unless otherwise provided in an adclendum. Buyer may, at Buyer's expense, have inspections made of those items items within 20 days after the Effective Date, by a firm or individual specializing in home mmspections and holding an occupational license for such purpose (if required) or by an appropriately licensed Florida contractor, and Buyer shall, prior to Buyer's occupancy but not more than 20 days after Effective Date, report in writing to Seller such items that do not meet the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacements are required to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount provided in Paragraph XIil(b). Seller is not required to make repairs or replacements of a Cosmetic Condition unless caused by a defect Seller is responsible to repair or replace. If the cost for such repair or replacement exceeds the amount provided in Paragraph XiIll(b), Buyer or Seller may elect to pay such excess, failing which either party may cancel this Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller shall, upon reasonable notice, provide utilities service and access to the Property for inspections, including a walk-through prior to closing, to confirm that all tems of personal property are on the real property and, and subject to the foregoing, that all required repairs and replacements have been made and that the Property, including, but not limited to, lawn, shrubbery and pool, if any, has been maintained in the condition existing as of Effective Date, ordinary wear and tear excepted. For purposes of this Contract: (a) "Working Condition” means operating in the manner in which the item was designed to operate; (b) "Cosmetic Condition" means aesthetic imperfections that do not affect the working condition of the item, including, but not limited to: pitted marcite; missing or torn screens; fogged windows; tears, wom spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or caulking in ceilings, walls, flooring, fotures, or mirrors; and minor cracks in floors, tiles, windows, driveways, sidewalks, or pool decks; and (c) cracked roof tiles, curling or worn shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as there is no evidence of actual leaks or leakage or structural damage, but missing ties wil be Seller's responsibility to replace or repair. ©. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of Seller and closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the Property so damaged, Buyer shall have the option of either taking the Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or af canceling this Contract and receiving return of the deposit(s). P, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of abstract of tite has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's tite unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5-day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be ratumed to Buyer and, simultaneously with such repayment, Buyer shall retum the personal property, vacate the real property and reconvey the Property to Seller by special warranty deed and bill of sale? lf Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. if a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall conto! over contrary provision in this Contract Seller shall have the right to require from the lending institution a written commitment that it wil not withhold disbursement of mortgage proceeds as a result of any tite defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard shall be waived if the tite agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. ARIBAR-Sa, Contract for Sale and Purchase, Revised 8/98 , * ' DA iT M COPYRIGHT 1998 THE FLORIDA BAR AND THE FLORIDA ASSOCIATIONOF REALTORS® ADMINISTRATIVE COMPLAINT lealFAST® Forms, Box 4700, Frisco, CO 80443, Version 6.08, ORealFA$T®, 2002; Reg# LFLFRW230681.—- in completed by - rojen: cee Prudential Florida WC! Realty BO Teme Page 6 of 6 ' 04/03/0 Ab prot age 6 0! suyer(s) pol VR Resse ece OF sells) exuisit_ | rag St PAS sath RIDERS CAN BE OBTAINED FROM THE ASSOCIATION OF REALTORS® OR THE FLORIDA BAR EXHISIT He =ARIBAR-5a, Contract for Sale and Purchase, Revised 8/98 “ ui — SOPYRIGHT 1998 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS® PA GE \ f GF . “ Q@. ESCROW: Any escrow agent ("Agent’) receiving funds or equivalent is authorized and agrees by acceptance of them - {9 deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or febiities under the provisions of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow unti the parties hereto agree to its disbursement or until a judgement of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agert will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attormey’s fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded es court costs in favor of the prevailing party. The Agent shall not be fable to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent. R. ATTORNEY'S FEES; COSTS: In any fitigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attomey's fees, costs and expenses. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract If for any reason other than failure of Seller to make Seller's tite marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the retum of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records, This Contract shall bind and inure to the benefit of the parties and their successors In interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to the real property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in. Paragraph Vil and those otherwise accepted by Buyer. Personal property shall, at the request of Buyer, be transferred by an absolute bill of sale with warrarty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in this Contract shall be valid or binding upon the parties ss in writing and executed by the party or parties intended to be bound by it. W. )WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which arg’ not readily observable by Buyer or which have not been disclosed to Buyer. ADMINISTRATIVE COMPLAINT RealFA$T® Forms, Box 4700, Frisco, CO 80443, Version 6.08, ©FtealFA$T®, 2002; Reg# LFLFRW230681 Zompleted by - rojene pageysales, Prudential Florida WC! Realty bk Ni 04/03/02 16:53:41 Seller(s) Page 6 of 6 exuis____ | pace 32 Hee de ce LL Fe PRUDENTIAL PL WIC] S41452e7711H4+ TO lasesegse1e PaaS a : TSTZ) UPiversiy Wve Aman Fort Myers, Florida 33907 Sve” phoiie: 941-482-8700, Fax: 041-482-7711 WEL che loraatante> Be. an r SELLER HAST Has NOT RY occUPIED THE PROPERTY. 18 THE PROFERTY CURRENT. LEASED? NO] ves C1. TERMINATICN DATE OF LEASE: DOES THE PROPERTY CURRENTLY HAVE HOMESTEAD EXEMPTION? NOL] ves C1; VEAR _ — GENERAL INFORMATION ABOUT PROPERTY: ow PROPERTY ADPRESS: 1425 6 Cstatacut trot BA ft Lepse. Ft B3I0K LEGAL DESCRIPVBN: 5; . en Be Pel = 0000. MISO - NOTICE TOBUYERANDSELLER: . : ‘ In Florida, a Setter Is obligated #3 disclose to a Buyer all nown facta {hat materlally affect the value of he property hating sold and iat are not readily observable. This disclosure siatement Is designed fo assist Seller in complying with the discingure requirements under Florida law and to assist the Buyer in evaluating the property betng considered. This aiscicsura statament : concerns the condition of the real proparty located at above address. It is not a warrarity of any kind by the Owner(s) or any . Licensee in this fansaction. tris nota substitute for sry Inspections or warranties the partias may wish to obtain, it is basad only upon Selter’s knowledge of the property condition. This disclosure Is not Ittended to be a part of any contract for sale and purchase. All parties may rofer to this information when they evaluate, market, cr present Seller's property to prozpective Buyers, The following-representations ara made by the Seller(s) and are not the representations of any real estate licensees. . 1.. CLAIMS & ASSESSMENTS : Are you aware of existing, pending, of proposed legal actions, claims, special assesomenis, municipal servioe laying or ‘ beneit unit charges or unpaid sssessments (including homeovnere, zssocialio’ maintenance fees of proposed increases In assessments and/or maintenance feos) affeding ihe property? NOD YES ( If yes, explain: : Have pry local, atale, or federal autharles noiihed You that tepals, alloralions or corvections of he properly are raqilred? - NOW ves (2 iryes, axptuin: : 2, DEERAIGMEOWNERS ASSOCIATION. RESTRICTIONS Ara You Awate: ~ ' a. of any deed of hameewner resittctions? NOT} ves ¥) &. of any proposed changes fo any of the restrictions? NOC] ves C] -G, of any nigale restrlotions? NOOO yes [4 d.._ of any reatrictlans on Jeasing the properly? NOI YES / if any answer to questions 29-2d is yes, please explain: Go foaa Are acoehe toads piivalet’) public (C2 private, describe the lerms and conditions of the maintenance agreement. Wihere lea homeawner gesodiaiion, fs membershi mandalory? NOC ves and are fees charged by the homeawner association? NOC] Wes Cl tf yes, explain: _ Gio aoe adh - ~ 3. PROPERTY-RELATED ITEMS | 5 _ Are You Aware: ae . . a: ifthe property hae ticen surveyed while the saller owned the propenty? NOC] YES CJ} fate: SRPO-1, Seller's Real Property Disctonige Statement, Rev, 10/08 ‘ i ee 42000 Morita Anecciniion of REALTORS® All Rights Resarvad ' ; . s Real Forms, Box 4709, Frisco, GO 80443, Version 6,08, SRaslFAST®, 2031; Regé LFLFRW250081 Buyer(s) APR ete Cue 11°68 FR PRUDENTIAL FL OWI S4idea27r7rit++ To 1eSe5R350138 P. G35 bs of any (Ate tte, driveways, fahese of othar foatures enated tn common with. sajoring landowners Or eny encroachm arts, -_- boundary tne disputes; setback vielatons, or ease: affecting the property? NOC? ves ° 6. of any portion of the property thal is fenced? NOM YES [J “* Wany answer to questions 3a-3c Is yes, please explain: preenenne ee———enea 4, THE LAND: . Are You Aware: - . ; : aw of an rere seitling, sall movement, or sinkhole problems on the properly ar on adjacent properties? ° NO M0 VES . b, of any pastor present drainage or fined probleme affecting the proparty or adjacent proparlies? HO hag ves [J c. of any pastor present protlems wilh driveways, walkwaye, patlos, seawalle, or retaining walls on the property or . adjacent proparties due to drainage, flooding, or sof movement? NO YES , if any answer ta questions 4a-4c is yes, pléase explain ee : oe 5, ENVIRONMENT: . Was the property bull before 1078? no} ves Are You Aware: .. _ a. of any substances, materials, or products which mey be an environmental hazard, surh as, bul not linittod to, asbastog, urea tonmaldahyde, radon gas, lead-based pain}, fuel, propane or chemical storage tanks (actve or abandoned), af contaminated soll or water on the property? NOR) Yes [J b, of any condillen or proposed change In thé vicinity of the propedy that does or wilt, materially aflect the value of tha property, such as, but nol Emited to, proposed developrnent or proposed roadways? Ni YES c, of weltands, mangroves, archeafogival sflas, or other envisonmentally sensitive areds located on ihe property? ‘NO yes O . Hf any answer lo questions 5a~5o is yes, please explaln:: . : ee $8, ZONING: Ara You Aware: : a. af any zoning violations or nonconforming usas?_NO A yesO b. - the property Is zened tor is current use? NOT] YES ‘ ae. ofany restictions affecting addifans, improvements or replacement of the propetly? NO ial yes C). d. Wf there are any zoning, tand use or administrative requiations which ara in conflict with the existiny or Intenced use at the property? NO Qf Yes C1" : . If any answer to qubitions fa-6d is yes, please explatn:. 7 FLOOP:, ° us i Are You Awarey * ‘ ; 8. Wany poition of the ee is in a special Noa hazard area? NOT] YES iv if yes, does the property reciire feos Insurance? NOT] YES . “f. whether any Improvements including dddtions, are located below the Lase fload elevation? NO {T ves [1] c. whether such Improvements have been constructed i violation of applicable tonal flood guidelines? NOL] YES 9 a: if any portion of the property ts se award of the coastal construction cantrof ine? NO IT] ves C1 . If any answer to questlons 7a-7d is yes, please explain: .. 8. TERMITES, DRV ROT, PRETE, WOOD DESTROVING ORCANISMS:. cops De you have any knowledge of termites, dry rot, pesis or wood destroying organisms on or affecting any Improvemants APD-4, Salers Ronl Property Disclosure Starement, Rav. 1000 ‘ Florida Aspaciation of REALTORS® Ad Right: Rasarved , ; ; . . Farms, Bax 4700, Frisco, OG 80443, Varoion 9.08, @RealFATT@, 2001; Regt LELFRWe2s0561 . at ij Ppl af & Sallan gee” MHI BA PAGE 2). OF ExHigit___t PAGE 35 HR 2c ce LLU PR PRURENI LHL FE bE Sal4sevrlit+ lu isdbobtyow1d Bo B4-5 roparty by them? NO be] YES 11 11 yes, expinin: Jeaated on ine propeny av any wtiruatucal damage t6 1he FI an Hasthe property bean Inspected einoe you have cwned the properly? NO i YES Li Dale of inspection __ If so, what was the outcome of the Inspactlan?__ ‘ Has.the properly been treated since you have owned the property?, no Ves [] Dale and type of treatment : __. Company name: - 9. STRUCTURE-RELATED ITEMS: ' . Ate ‘You Aware: ; . a, of any simctural damage which may. have rested from events Indudisg, but not limited to, fire, wind, fload, ‘hall, fantialde, or blasting, and which materially affect the vatus of tha property? NO ves ; b. of any structural condition cy, in the case of a homeowner aeboclation, any condition in the compan elements that tiatarially affacte the vals of the property? NOK] YES imp c. of any Improvements or additions to the propa , whether by you of by others, that have been constructed In yiolalion of buBding coded of withaut necessary permits? NO fl yes C1 d, of any active permits on the properly whiolt fave not been atesed by a fina! Inspection? no fd YES Cj if any answer to questions Sa-Od {s yes, please explain: : _ 40, ROOF-RELATED ITEMS: Ara You Aware: a. of.any roof oF ovdthang defects? NO tf yes O » b. ifthe roofhas leaked since you owned the property? NO hf yes O ¢, Wanything was done lo 'sorect the laaks? NOM YES L] ” d. ifthe roof has-baen.ieplaced? NO) YES Cif yes, when: _— If any anower to questions 10a-1fd ie yes, please explain: _ : Te there @ warranly an the foot? NOLI ves ef yes, ls il hansferable? NOC] YES) W yes, provide a copy of the waranty. Has the teat heen inspected within the last twelve montha? NO C1 YES CJ 1 yes, explain: +1. PLUMBING-RELATED ITEMS: : ‘ a What fs your drinking water source? Public i Private Well {J Other Saurme [. If your drinting watar is trom a well or other cource, wien was your waler last che Ked for safety and what was ihe result of the test? Bo you have a water canditioning system? NO ¥ VES Lif yes, type: _ a Ownad 1 Leased LI Do you have a sewer] ar septic system CI? if septa Are fou aware of any plumbing leaks? NO. x VES Ci ifyes, explain; Kia you aware of any conditions that malertally affect {he value ai the propaily relating to The sepile tank/drain fold, sewar lines, or any other plumbing felated tems? NOI YES (11 yes, explain: 12. POOLSMOT TUBS/SPAS: a. Does tha property have a swimming peal? NOL] YES O Hottuy? NOOO ves (2 Spa? NOT] YES im) b. If you answered yes to eny part of 12a, was the certificate of completion received afler Oct. 1, 2000 for the pool? NO CT YES 6 Forthe spa? NOC! YES C] Forthe hottus? NOL] ves ; c, Check the poot safety features (a5 defined by Section 515.27, Florida Statutes) your swimming pal, hot lib on spa has: Enclosure (hat meets the pool barrier requirements C3. Approved safety pool cover fl . . 1 (Required doar and window axit alas C1 Required door focks CI none 1 SRPD-1, Setlet's Real Property Disclosure Staternent, Rew. 10100 ‘ . 2000 Florida Assoriptan of REALTORS® Ali Righta Rasaved R Ferma, Bex 4700, Frisco, 20 80443, Version.6.00, CRealFA§T@, 2001; Regt LFLFRW230651 , , ‘ Pay Buyer a a ADMINISTRATIVE COM PLAINT — EXISIT qhck 2 exuiat tT page Be » BPR 22 chit Lisi FR PRUDENTIAL FL OWL Bal 4se771i+4 1 LeobSb Sony Bao Bs he * ~ you meee of any tend ions regarding theas itema that materially affoat the watue af the property? , Wo FS YES (If yes, explain: 13. MAJOR APPLIANCES: Indicate axteting equipment Range [1 oven 1 . Microwave Washer 0 Ovyer Ave any of these appliances leased? NOT] YES] Are any of these gas appliances? NOT) Yes [] is the water haaler ownecl C) leaced (1, electic O gae C1 . Are you aware of anly problems with these appliances? NO OC) ves C1 tyes, expiain;s i © Dishwasher (1) Garbage Disposal F] Trash Compactor 7) Aefitgeratar £] Freezer (3 * 14, ELECTRICAL SYSTEM: Area You Aware: : : , 4, of any damaged or malfunctioning switches, receptactes, ar witing? NOL] YES a b. of any condificns that matertally affect the value or operating capacity of the electrical system? NOT] YES [} IF answere to questions 14a or 146 Is yea, please explain: ee 18. HEATING AND AIR CONDITIONING: © Indicate exlsting equipment Alr conditioning: Heating: . : Central 3 windowAvall C] Number af units Flectric [] Fuel ou] Gas [9 otner 2 Solar Heating: , Owned f..) Leased [] ’ Wéod-buming stove: NOM yes Fireplace: NOL].veEs C] Deserlte fireplace equipment eee ae Are you aware of any detects or malfunctioning regarding these tems? NO CT ves Cf yes, explain: ee 18. OTHER EQUIPMENT: Indicate existing equipnient Security System: NOT) ves [ Leased [J Owned [7 Connected wo Central Montior[] Monthy Fee$ . Smoke Detectors; NOTT ves 1 Garage docr apeni:ws? NO (1) YES C1., Number of transmitters? . ___ Humidistat? NOL yes (7 Humidifier? NO{] YES T] Electrical fiters? NOC] YES £ Ventfans? NOC] yes O 17, OTHER MATTERS:; . fs there anything eise ihat matertally affects the value of tha property? NO 1 ves im) if yes, explain; : —_—— — . - a . . ACKNOWLEDGEMENT OF SELLER The tndersigned Seltes represents that the infarmation set forth [n the above disclosure statement ts accurafe and complete to the best of the Séllers knowledge on the dale signed batow. Sefier does nat Intend for this disclostire statemant to be a warretity or gamely of any kind, Seller hereby authorizes disolacure of fhe information contained in ins disclosure statement to prospective uyere of the property. Seller understands and agrees that Seller will notify the Buyer in writing within five business days aller Sellar becomes aware that any information set forth In inls disclosure statement nas become Inaccurate of Incorect !n any way during ihe term of the panaing purthase by ; Zs ae ‘ * . ‘RPO-4, Seller's Real Proporty Diaclosure Statemant, Rev. 10/00 POG Flridas Axsocintion of REALTORS® Ali Rights Reserved a Forms, Box 4700, Frisco, CO 60443, Varsion 6.08, CRealFASTO, 2001; Rogt LFLFRYZ30831 Pagp 4.01 6 sunt exe | eee Sto ne - APR 22 2802 11:18 FR PRUDENTIAL FL UCI S414ear71ii++ TO 18565995018 Pas - SE a2. ang : RECEIPT AND ACKNOWLEDGMENT OF BUYER . Selle; is using this form to disclose Saltar’s knowledge of the condition of the real property and improvements located on the properly as of the date slyned by Seller. This disclosure form is not a warranty of any kind. The information contained In the disclosure is ‘{imitad to information to which the seller has knowledge. if ls not intended io be @ substitute for any inspeciloris or jrofesgional advios the Buyer may wish to obtam. An (ndapendent professional Inepection is encouraged and may be helpfu! to verify the ~ condition of the property and fo determine the cost of repair, if any. Buyer understands these Tapresentations are nol mace by any reat estate licensee, 7 . Buyer hereby acknowledges having received a copy ofthis disclosure statement - cores 4. huge — . san 420 loz . SRPD-1, Sellei‘s Res? Proparty Diselosure Statement, Fev. 1000: 92000 Florida Asaoslation of REALTORS@ Ali Rights Raserved FlaelFAST® Forme, Box 4700, Frise, CO 60443, Version 5.08, GRealFA$TS, 2001; Regt LFLFAW2a0681 Pag: 6 ofB e %* TOTAL PAGE.G& 4 ort pe 38 Ex

Docket for Case No: 04-001676PL