OS “, STATE OF FLORIDA y DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION . FLORIDA REAL ESTATE APPRAISAL BOARD Ag, : 2 to, FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. CASE NO. 2004008956 LOUIS GAGNET II, ,, Respondent. lL) lo a | 5 ») » fl / ADMINISTRATIVE COMPLAINT The Florida Department of Business & Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Louis Gagnet III (““Respondent"), and : alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, including Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated thereunder. 2. Respondent is currently a Florida licensed trainee appraiser having been issued license 8567 in accordance with Chapter 475 Part I of the Florida Statutes. 3, The last license the State issued to Respondent was as a licensed trainee appraiser with Robert Benton Montgomery, Ir, 913 Gulf Breeze Parkway 12-A, Gulf Breeze, Florida 32561. 4. On or about September 16, 2002, Respondent and Eugene M. Presley (hereinafter Presley) FDBPR v. Louis Gagnet II . Case No. 2004008956 Administrative Complaint developed and communicated a complete appraisal summary report (Report) for the property commonly known as 4194 Parkview Street, Pace, Florida 326571 (Subject Property), which estimated the market value as of September 9, 2002. A copy of the report is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. In the Report, Respondent and Presley failed to explain the following inconsistencies: A. Specifying in the description of improvements section of the Report that the effective age of Subject Property was eight (8) years, but specifying in the Sales Comparison Approach section of the Report that the effective age was ten (10) years; B. Specifying in the description of improvements section of the Report that Subject Property contained an attached two (2) car garage and two (2) car carport, but failing to mention the garage or the carport in the Sales Comparison Approach section of the Report; C. Specifying in the description of improvements section of the Report that Subject Property contained a fireplace, but failing to mention the fireplace in the Sales Comparison Approach section of the Report; and D. Specifying in the description of improvements section of the Report that Subject Property contained a “yard building”, when the Subject Property contained no such improvement. 6. The Report contained the following errors: A. Reported that the dwelling contained on Subject Property was “Off Grade”, when it was built upon a slab. B. Incorrectly indicated that the Subject Property was located in FEMA Zone “C”, when in fact, the Subject Property was located in FEMA Zone “B.” FDBPR v. Louis Gagnet III Case No. 2004008956 Administrative Complaint C. Incorrectly indicated the site area for the Subject Property as .4 +/- acres, when in fact, the site area was .52 +/- acres. D. Failing to make any adjustments in the Sales Comparison Approach section of the Report for the Subject Property’s fireplace. E. Incorrectly indicated that the dwelling contained on Comparable Sale 1 had central air conditioning, when in fact, the dwelling had wall units. F. Failed to properly adjust in the Sales Comparison Approach section of the Report for central air conditioning for Comparable Sale 1. G. Incorrectly indicated and adjusted Comparable Sale 1 for having no fireplace, when in fact it contained a fireplace. H. Incorrectly indicated that the dwelling contained on Comparable Sale 3 was composed wood frame construction, when in fact the dwelling was composed of block construction. 1. Incorrectly indicated that the dwelling contained in Comparable Sale 2 contained vinyl siding, when in fact the dwelling contained wood siding. 7. The above alleged inconsistencies and errors aggregately affected the credibility of the results of the Report. 8. The Respondent negligently developed and communicated the Report. COUNT I Based upon the foregoing, Respondent is guilty of culpable negligence in any business transaction in violation of Section 475.624(2), Florida Statutes. FDBPR v. Louis Gagnet IIT Case No. 2004008956 Administrative Complaint COUNT II Based upon the foregoing, Respondent is guilty of having failed to exercise reasonable diligence in developing an appraisal report in violation of Section 475.624(15), Florida Statutes. COUNT Il Based upon the foregoing, Respondent has violated a standard for the development or communication of a real estate appraisal, specifically Standards 1-1 and 2-1, or other provision of the Uniform Standards of Professional Appraisal Practice (2002) in violation of Section 475.624(14), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Appraisal Board, 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 certificate; suspension of the license, registration or certificate 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 certificate holder to complete and pass additional appraisal education courses; publication, or any combination of the foregoing which may apply. See Section 475.624, Florida Statutes and Rule 61J1-8.002, 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 certificate; suspension of the FDBPR v. Louis Gagnet II Case No. 2004008956 Administrative Complaint license, registration, or certificate 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 certificate holder to complete and pass additional appraisal 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, Fla. Statutes and Florida Administrative Code Rule 61J1-8.002. SIGNED this ae day of Wo GY Crudpe , 2004. orida Department of Business“and Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER FILED Department of Professional Regulatiag Stacy N. Robinson Pierce, Senior Attorney Divjsion of Real Estate Fla. Bar No. 182796 We ul f Jr Division of Real Estate Cier nena’ elk Legal Section Whe 3\ ou 400 W. Robinson Street, N801 Dale eaenaal Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 - FAX PCP: MM/CK 11/04 FDBPR v. Louis Gagnet I Case No. 2004008956 Administrative Complaint 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 Appraisal Board 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. WAP sty Hatt . : Marian Johnson UNIFORM RESIDENTIAL APPRAISAL REPORT Filo No. 02502215, Descrintion ge tuitkass 4194 Parkview Street Cily Pace Stole FL Zp Code 32574 altusciption Survey Attached County Santa Rosa Suspor's Parcol No. 31-1 N-29-0000-01001-0000 Tax Year 2001 RE. Taxes $ 1,390.49 Spocial Assessments $ 30.00 Joower NIA Curent Owner Gerald & Mary Adkinson Occupant: [XOwner | | Tanant [| vacant Property rights appraised |X] Fee Simpl Leasehold | Projoct Type PUD [A condominium HUDIVA only) HOAS NIA Mo. A Neighborhood of Projact Name Floridalown/Pace Map Reference Zone - 10 Census Tract_ 107.04 Salo Price $ NIA Dato of Sale N/A. Dasciplion and $ amount of foan charges/concassions lo ba pald by salerN/A a LenderClient Air Products & Chemicals Address 7201 Hamilton Boulevard, Allentown, PA 18195-1501 Appraiser Cody Gagnet Address Post Offlce Box 329, Pensacola, FL 42592 im (acation Urban XJ Suburban Rural Predominant Single family housing | Present land use % | Land use change Buill up Over 75% 25-75% Under 25% | ObcUPANcY Pace AGE Jono tamly 60% | (X] wotthely [} Likaly Growlh rate Rapld Stabla - Slow Owner 25 Low 5] 2-4 familly : In process Properly values Increasing Stable Declining |_] Tenant O+WE_ High 50 | Mulfarily To: Damandisupply {__] Shortage |X} inbalance Oversuppy Vacant(osy) |eaibed Commerdal 10% Markating tine. Under 3 mos. [X]_3-6 mos. Over 6 mos. Vacant (over 6%} 60 25 Vacant) 30% Nota: Race and the racial composition of the neighborhood are not appratsal factors, BH Neighborhood boundaries and characteststics: Highway 90 te the north, the Escambia Bay to the soulh, Avalon Boulavard to the east, and ihe 3] Woodbine Road to the west. 1} Factors that affect the markotability of tha proparlies In tha nelghbarhood {proximity to employment and amenitias, amployinant stabillty, appeal to markat, otc.): 44 The subject Is located within a single family neighborhood which is characterized by a mix of _sile built & manufactured homes on “Jintorior sites & bay fronting sites. Homes vary In age_with most appearing to be adequately maintalned. The area is conyenlent to nearby schools, shopping, and employment. Market appeal Is considered average with marketing periods typically 4-6 months. Markel conditions In the subject palghborhood (including supparl tar the above conclusians salated a the wand of property valuas, demandisupply, and marketing timo. MM -- such as data on compatitive properties for sale In the neighborhood, description of the pravalence of salas and fInancing concessions, atc.): i By Currant marke! conditions in and _araund the subject market sppear stable. No adverse market conditions were nated, B Tho Valuation is made inoring any market influence created by published news reports or precevied knowedye by propective buyers of -| /prablems thought to be caused by Alr Products. ‘ Fx Project Information fer PUDs (II applicable) - - Is the davalopar/bullder In contral of the Home Ownars' Associallan (HOA)? Fy Approximate tatal umber of units in tho subject project N/A «Approximate total number of units for sale in the subject project NA Daserlbo common elamants and racroatlonal faciilties*SEE ADDENDUM" BW Dimensions Irregular” (Sea Attached Survey Provided) Mi Sitearea .4+/-Acras *SEE ADDENDUM ComerLat [XJ Yos [_] “a Sizo Oversized Specific zoning classification and description, Single Family Residential Shapo (regular Zoning compliance iq] Legal Lego! nonconfonring (Grandialherad uso) |_} llagal No zoning Oralnaga Appears Adequate Highest & best use as improved: Prosent uso Other use (explain View Escambia Bay fe Utilities: Publle Olher Off-site mprovamonts Typo Pubfic Private] Landscaping [x} Stroot Dirt Drivoway Surface Curbigutlar None Appnront aasaments None Noted Sldawalk None FEMA Special Flood Hazard Aron Sanitary sewor Straot lights Yes FEMA Zono C* Map Dale Nov.1985 Storm sawar Ally None FEMA Map No. 120274 0255 B Commonts (apparent adverse easements, ancroachments, special assossmanis, sida areas, iegal or legal nonconforming zoning, Uso, atc,); No apparent adverse easements or encroachments were observed at the time of inspection. "Due to the subject's clase proximity to a flood hazard area, exact location shauld be determined by a survey. @ GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION A & off, BASEMENT INSULATION No. of Ualls 4 Foundatlan Cons. Blk Slab Off Grade OR Afea SqFt. NIA Roof a B® No. of Stories 1 Exterior Walls, Brk.Var. Cr Space Yes % Finlshad Calling Average, |X ‘Topography Level Typa (DolJAHL) Detached} Root Surface Comp.Sh. Basement None Calling Walls Average Daslgn (Style) Traditional} Gutters & Dwnspls. GutlarsYes. Sump Pump None Walls Floor ExtstingProposed = Existing Window Type Ob.Pn.Al Dampness None Floor None SlormScraons Screens Sotilament Not Noted Oulsida Entry Unknown Manufactured House No Infestation Not Noted : Dining | iGichon [Den _| Family Rm] Ros. Rm. | Badooms _ Lound: Other Avoa Su.FL. : NIA 4 on i 3 2 1 BrkFast {1,687 Q 7 Rooms: 3_Bodroorys); 2 Bath(s); 1,687 Squara Foat of Gross Living Aro INTERIOR Materlals!Gondilion ") HEATING KITCHEN EQUIP, | ATTIC AMENITIES CAR STORAGE: Floors Cpt, Te/Avg Typa FWA Refrigerator Nano ono Walls Brywall/Av Fuel Electric RangelOven Slats Pata Screened Garage #ot cars TrinvFinish «= Avarage/Avg ConditionAverage _| Disposal Drop Stair Deck Altached = 2. Balh Flear Tile/Avg. COOLING Dishwasher Scuttla Porch Screened Delached Bath Wainscat Tile/Avg. Central Electric | FaniHood Floor Fence Chain Link Buln Doors H.C/Avg. Other None Microwave Heated Pout Carport 2 CongitionAverage | WasharDryer Finishod Yrd. Bldg. Driveway Concrete Additional featurns (special anrgy afficiant ilams, atc.): Screened porch, screenad rear patio, ceiling fans. Condition of tha Improvements, depreciation (physical, funclianal, and external}, repairs nocded, quality of construction tamodaling/additions, etc; No repairs or ii cies ware noled. The Improvements appeared in overall average condition. Within the past few years the home was remodeled and renovaled. \DMINISTRATIVE COM, XHIBIT ¥ ST eee ‘Adverse anviranmenta! conditions (such as, bul not fimited to, hazardous wastas, loxic Subslances, elc.) present In the Improvements, on the site, or in the {mmadiate vicinity of the subject properly:: This appraisal is made excluding any detrimental markel Influences caused by tha dinitrotoluene contamination or other chemicals, if any." Freddie bac Form 106-53 PAGE 1 OF 2 Guus SA renege : etertg Pana nt eS hat Brn repo ab kia U “ewes Ne A ADMINISTRATIVE CO EXHIBIT df PAGE { a co) *4 ‘ . . Marion Johnson Valuation Section UNIFORM RESIDENTIAL APPRAISAL REPORT File Ne. 02502215 B ESTIMATED SITE VALUE, |, 104,000) Gommants on Cost Approach (stich es, source of cost esiimate, :) ESTINAIEL REPRODUCTION 5 sil valua, square fool cafcutallan and for HUD, VA and FmHA, the Qwalling 1,687 5q.Fi. @$__60.00 =§ 101,220 astimated remaining aconamic Ilfe of he praperty): Sq. Fi. @5. REPLACEMENT cos! data was derived from the Marshall & Swiit_Handbook and knowledge of the local_buliding costs. = 12,000 = 23,580 Depreciation was_eslimated using the age/iife mathod. Site $ 136,800 value was derived using the sales_comparison approach. Est. Remaining Econ. Life: =$ 13,836 . 2 =§ _=$ 237,000| : SUBJECT COMPARABLE NO. 4 COMPARABLE NO. 2 COMPARABLE NO. 3 4194 Parkview Street 781 Dotphin Road 6521 Bay Edge Lane §124 Cedar Straet Addross Pace Avalon Beach B Proximity to Subjoct _|ReREEeeaE Ni Uy HAR 15 Miles Southeast Salas Price s N/A US 175,000 [RE : 245,000 [iF s 241,000 PricelGross Liv. Area _ |S 0,00 als 152.97 0 PERS s 146.06 HERA 145.53 0 SEEM Data andlor inspection MLS Ctsd. Sale #212217 MLS Clsd. Sale #232038 MLS Clsd.Sale #225566 Verification Saurces_| Tax Roll Public Records Public Records Public Records Galt City Avalon Beach Average eee DESCRIPTION HAT Adjiment DESCRIPTION [+15 Adios DESCRIPTION, [+413 adjusina iB Salas of Financing tan | Conventional i Conventional } FHA i Concessions se ae Terms! Typloal Terms | Typical Terms Date of Sale/Time OAT) 8/30/04 t 72102 ae 5/31/02 ‘ Location, sei TT H Average: H Average Hq LoaschodfeeSinplo_|Fee Simple Fee Simple H Fee Simple H Fee Simple ‘ Silo InLiAya. Int/Avg, i Int./Avg. i +5,000 | nt/Ava, { +5,000 BF View [Escambia Bay |Bay/Ga. H [Bay/Gd, i Bay/Gd. i Dasign and Appeal_| Traditlonal Ranch/Avg. : [Pilings/Ava. A [Tradnt Avg. Hl Qualty of Constucon | Brick/Ava. Block/Wd/Avg. fins. ! Wa.FrmJAvg. | Pe Agy. A;24 E-B A-34_E-20 H +9,000/A-19 E-10 H +2,200|A-47_E-10 ft, 700 EH Condition Average Satisfactory i ____+12,000 | Average i Average : ES Above Grade otal! Geka | Oaths | Total! Gmy | ath Youu | Ooma {Oats Total | Dating | Datla EY Room Coun! 7 3 2.00) 7) 3150) +500/_ 6: 3! 2.00! 5} 3t 2.00; F4 Gross Llving Area 1,687 SqFl._| 4,144 Sq.Fi, FL #20,400 1464 Saft. | 47,500 41,656 Saft. FL Fa] Basoment& Finished | None None : None ‘ ' : ! ' Hi 1 + H H : ‘ Ht Garage 3CarGar/iGarPor sg Porch, Pato, Back, C&O Porch Porch, Patlo Ha Frreplace(s), etc. FP (4), Pelr None Porch, Deck i H +4,000| Parch, Deck : : Hl None, Pier H +6,000}F/P (1), Pier ot -1,000 +1,500 | Fne,SpkirSys. ~500 | Fence, Yd.Bld. Fonca, Pool, atc. Fence, Yd.Bid. None. a Extras Cnt Vac None +500 | Nona ‘ +500 ae ime aT -6,000 80,900[[xl+ []- is ie,7o0![x}+ []- 3,700 im Nat Adj. (Jotal) pe aOR A Ba roe Grossi Bl6% 5 233,700 eG a 3 244,700 Adjusted Salas Prica Ha Meee ii jraesti40 MB of Comparabio RN 295,900 litlaanth Commants on Sales Comparison (including the subject praporty's compatibility to the neighborhood, atc. ): *"*See Addendum*** TEM. SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Dale, Price and Data | Not noted Not noted within the ~ [Not noted within the Not noted within the Source for prorsates within past past 12 months. pas! 12 months. past 12 months, within yaar of appraisal |12 mo. Analysis of any current agreamant of sala, option, or fisting of Ihe subjact property and analysis of any prior sales of subject and comparables wilhin ona yaar of the date of apy Public records showed no prlor sales of the subject property wilhin the past year, The Income approach Is not applicable (Sea Addendum). INDICATED VALUE BY SALES COMPARISON APPROACH, ,,...., | INDICATED VALUE BY INCOME APPROACH (Il Applicabla)Estimated Markt Rent . This appraisal Is made “asis" [Xi] subject to the wpats, alizralions, inspections or condillons listad balaw (CJ subject to completion por plans and spectications, Conditons of Appraisal: This appralsal is made excluding any detrimental market influences caused by the dinitrototuene contamination or olher chemicals, if any. Final Reconcilation:Equal weight ts given to the cosl & sales comparison approaches, This appraisal was prepared in compliance with USPAP guidelines and was not based on a minimum/specific valuation_or on the approval of a loan. $ 237,000 IE The purpose of thls appraisal |s ta estimate the market value ol lhe seal property thal Is the subject of this reparl, bast ed on the above condilions and lhe certification, cantingant EI and limiling condillons, anc mbrkat value definition that ave staizdin ine attachad Freddie Mac Form 438/Fannia Mae Fonn 10046 (Ravised 6/93 ) Fa { (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS THE SUBJECT OF THISREFORT, ASOF Se| plember, 9, 2002 8 {WHICH IS THE DATE OF SPESDON AND THE EFFECTIVE DATE OF THIS REPORT) TOBE$ 237,000 . GAPERAIBERT vi by” p SUPERVISORY APPRAISE! F REQUIRED): Signature 2G weg pho Signalura poner pity Xo = (T)pia not Name Cody Gagnet_.% GF Name_M. Eugene Presley, Mat SRA tnspocl Properly Gala Nepod Slgned seplember 16, 2002 Date Report Signed September 16, 2002 Stale Certification # Slale FL. Slale Certification #_St.Cert,Gen.REA 0000103 State FL OF Sisis Litense ¥_“ST Reg. Asst. REA 0008567 State FL. Or State Lirzisa # State Freda Mac Form 70 603 PAGE rays Favesa Maa Ferm $004 632 Prose wing Pda pl Beka exhibit ADDENDUM Borrower: N/A Fila No: 02502215 Property Address: 4194 Parkview Street Gase No.: Gerald & Mary Adkinson City: Pace : State: FL Zip: 32571 Lender: Air Products & Chemicals ADDITIONAL COMMENTS SITE: The subject site Is Irregular in shape with 142 frontage feet along Escambia Bay. The survey provided indicates the site area being estimated at .4 +- acres. The neighborhood has a dedicated private park with approximately 50 feet along Escambia Bay. This park adjoins the subject. On the opposite side of the subject is the nature preserve owned by Alr Products. Both park and preserve are considered an amenily to the subject ‘sile. ADVERSE ENVIRONMENTAL CONDITIONS: At the client's request, this appraisal Is made without consideration to any possible chemical contamination to the site, any. This appraisal is made excluding any detrimental market influences caused by the dinltrotoluene contamination If such exists. COMMENTS ON SALES COMPARISON: . The three comparable sales selected are located within the Pace/Avalon Beach area & were the best available as of the effective date of value, In.order to find sales with similar features, normal distances were extended in an attempt to ‘bracket’ the subject for size, age, water (rontage, view, ect. Upward adjustments were made to all three sales for Inferior effective ages. Sales #1 and #2 required upward adjustment for thelr Inferlor size, All other adjustments made are consider minor adjustments for their differences in amenities. Sale #1 required higher than normal adjustment, but Is still consider to be good support In my final value opinion. With most weight to sales #2 and #3 (he sales and cost approach are the same. Although not included in the report we have on file, from our research, vacant land sales and listings. There were analyzed by both per front foot and per square foot to arrive al our opinion of value. . *This appraisal is made excluding any detrimental market influences caused by the dinitrotoluene contamination or other unknown chemicals, if any. ADMINISTRATIVE COMPLAINT reo #& Lf eage_ dk. Sas a ————————— Addendum Page 1 af 1 . 1 FLOORPLAN Borrovier: N/A. File No: 02502215 Properly Address: 4194 Parkview Street Case No.: Gerald & Mary Adkinson City: Pace Stale: FL Zip: 32571 Lender: Air Products & Chemicals 19.9" Screened Porch 14.0 14.0" Loundy Breakfast Kitchen Dining BHedroom Living Rgom Master Bath Bath 26.3' Carport 35.1! Master Bedroom Foyer Bedroom 24.0", 23 Sern Porch 13.0 . 230° 13,0° Skalch by Apex !V Windows™ (co ~ AREA:GALCULATIONS |SUMMARY:!),:. [°° ARI V : Code Dascription “* Sizaes" Totals Braakdown * Subtotals GLAL First Floor 1606.90 1686,90 | Fiene Floor P/P Porch 130,00 k 5.0 « 10.0 ‘350.00 Briek Porch 278.60 416,60 tt 24.1 x 49.0 1180,90 GAR Carport 631,20 F 6.0 x 13,0 70.00 Garnga 548,10 1179,30 i 6.0 x 13.0 ‘7B .00 H hy Ay hy. Ey ny fl if H . i | A a : i P TOTAL LIVABLE (rounded) 1687 F 4 Areas Total (rounded) 1687 | TAR G ARN CORREALE a oe LAM ee dk ne Batt ae, arid a . CE ee A TEV ae ATV EYL Exar SP ene ALMINISTRATIYE COMPLAINT EXHIBIT # PAGE. a — ADMINISTRATIVE COMPELSANDT ROSA couNTY, BTATE OF FLORIDA BEC. 31 twe.iN ra EXHIBIT #_/ PAGE o f & ates * _QET-RORTH-BY-THE-FLORIDA BOARD OF PROFESSIONAL LAND SUAVEYORS IN CHAPTER Bh 0.4 Ae. S O2 AV 35"W~ 14.24 (OILED Nvenaop a NORTHWEST. FLORIDA ENGINEERING & SURVEYING, INC. 1500 N. Palafox St., Pensacola, FL. 32501 904-432-1052 Fax 493-6049 _ 105 Willing Street, Milton, FL 32570 904-626-9270 Fax 626-2297 survey For; ELEANOR CHERRY REQUESTED py: TRACEY MCMACKIN/CENTURY 21 SQUTHERN SERVICES 4OB NO.: 2073092~92-6 pate: NOVEMBER 27, 1996 FOU _OF COMMENCEMENT : EEC EMEA S o90,, ° | Ald COLUEL. SECT OAL 31. a a 7 Aad Keke Gear) ‘ ey) GOS, By TowUSHIP I, PAUGE- 29 yf se, RS . ns Say Basa Co. Fl. NY) oe FLOQD NOTE & SCALE 11-27~96 . ; Ry gz Op -. a Ray E. WAYNE PARKER, R.L,.S. NO. 3683 coos : eres . o nd 20 4 : , Bwiloee ep, Ces J AE VENT N SFE EAy G ov ' ALT 4 4 + SE cofuee : ‘ Sn EASEMENT ie a AY 3 fi ! . lB. ABET ~ SAHLE! J": Zo! ECAWBIA BAY ww fs , 2 __APPEORIMATE. SHORELNE AS OF 1-B-Tte | . —_— SHERI 1 OP 2 5. WAYNE PARKER CORPORATE NO. 4882; BOUNDARY SURVEY WITH. IMPROVEMENTS FIELD DATE 11-95-96 J exhib . > 1 2(: HOT VALIO WITHOUT . THE SIGHATURE AD . THE ORIGINAL AAISED:. - BEAL OF A FLORIDA we LICENSED SURVEYOR | AND MAPPER : SEE _SURET 2 OF 2, DESCRIPTION PEL ~~ . — --- AS SHOWN RECORDED__———_ BOOK. PAQE——— PROACH MENTO Ge ace aa” SCALE_- "7 FLO, BK.£740_ PAGE“= | HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS Q1G17-6 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO Pope FLORIDA ~~ STATUTES, | ss P va if. hoy LOCATION MAP rower, N/A File No. 02502215 [3a Properly Address: 4194 Parkview Street Case No.: Gerald & Mary Adkinson City: Pace State: FL _Zip: 32574 Lender: Air Products & Chemicals Nomeswood tT % aint ALY . \ ADMINIS TRAY Iv E COMPLAINT, EXHIBIT #_|| | _ OF Le exhibit, eens, QUE Uae LOULILY PEQpel ly 2x ppd ddel - Uley Dr Wwil ripe ule [x] SRCPA [R] Tax Data and Plats | —] | [ Parcel | Owner Name | 31-1 N-29-0000-0 1001-0000 ADKINSON GERALD A & MARY A Asmt Number Exemption Codes I Tax District 0-0035532-000 [ HX 2 Assessed Value | Amendment 10 L Exempt Value |L. Taxable Value | County }}$25,000.00} County })$95,945,00) | Market si29,454.00| sow 120,945.00) school |[s25,000.00|] School {$95,945.00 | [ Code Authority _| Millage Rate’ [Tax Amount Certified for: 0 || COUNTY 6.6175 $634.9 Collection Collection fo ||_ScHooL __||_7.8250 $750.77 — 0 NWFWMD 0.0500 | $4.80 Taxes for 2001 | iu = J $0.09] Not intended t 0) $0.00 lot intended to teflect current value 0 L —_ $0.00] all year [9 | $0.00 0 |. [ lL $0.00 Total Millage and Taxes 14.4925 $1,390.49) : Special Assessment 1 Codel| 90-06 || Amount] $30.00 Special Assessment 2 Code] _|| Amount] 0.00 [Pr nl Special Assessment 3 Code [__|_ amount] $0.00 ——— ens | Total Taxes and Special Assessment $1,420.49 Back Santa Rosa Counly Properly Appraiser 495 Cosine Street yister 2870 80) WI- 190 Voie (SEQ) 623-1201 Fuss info@srepa.org Sy, hitp://198.69.72.65/taxes/taxsearch.cfin?ParcelNums=3 1 1N290000010010000 , 09/16/2002 1 ADMIFISTRATIVE COMPLAINT MHIBIT 4 PAGE _ 7 QF exhibit, ; “Ad Pap. So. . Flaod Map Borrower, N/A Fite No: 92502215 \ Properly Address: 4194 Parkview Street Case No.: Gerald & Mary Adkinson City: Pace Stale: FL Zip: 32571 Lender: Air Products & Chemicals Prepared for: Inad by 8 la mods, Ine. M. Eugene Presley & Associates Powsied by FLOQOSOUACE 4194 Parkview St Wwwinterfaod.com © 800-252-BB93 | Pace, FL 32571-2469 FLOODSOURCE Flood Hazards Map Mop Number 12027402558 Effective Date November 41, 1985 Far-mhore information about ‘Flood Zones and Flood Zone nsuranoe, contact; FloadSource Corp 977-77-FLOOD ww finodsource.com @ 4999-2002 FloodSource Corn. All Tights teserved. For more information; pledse e-mail inio@illaodsGurce.cait; ADMUPISTIRATIVE COMPLAINT EXHIBIT 4 [ PAGE 9. OF Te Borrower: N/A : File No: 02502215 Property Address: 4194 Parkview Street Case No.: Gerald & Mary Adkinson Slate: Fl Zip: 32571 Clty: Pace (ender: ‘Air Products & Chemicals FRONT VIEW OF. SUBJECT PROPERTY Appraised Date: September 9, 2002 Appraisad Value: $ 237,000 REAR VIEW OF SUBJECT PROPERTY STREET SCENE ADMINISTRATIVE d EXHIBIT 44_l DAGE G “Fe TED Tt serene Gf. . Z = a Pogecnn ce Pr File No; 02502215 Borrower: N/A Property Address:'4194 Parkview Street Case No,: Gerald & Mary Adkinson Cily: Pace State: FL Zip: 32571 Lender:‘Alr Products & Chemicals Waterview in = ae TT 4 % ] by ADMINISTRATIVE WOMPLAINT, EXHIBIT #_{ | pace __ (0 Gee eee eae i. exhibit. ahh PAGO cee wet Borrower: N/A Fila No: 02502215 Property Address:4194 Parkview Street Case No.: Gerald & Mary Adkinson Clly: Pace Stale: FL Zip: 32571 Lender: Air Products & Chemicats COMPARABLE SALE #1 7B1 Dolphin Road Avalon Beach Sale Date: 8/30/01 Sate Prica: § 175,000 COMPARABLE SALE #2 5521 Bay Edge Lane Galt City Sale Date: 7/12/02 Sale Price: $ 215,000 COMPARABLE SALE #3 §124 Cedar Street Avalon Beach Sale Date: 5/31/02 Sale Price: $ 241,000 iJ i RATIV exhibit Daghen USPAP COMPLIANCE ADDENDUM File No. 02502215 Rorntver NIA Order # Property Address 4194 Parkview Streat - Cily Pace County Santa Rosa Stace FL ZipCode 32571 Lender/Client Alr Products & Chemicals Client Reference # Gerald & Mary Adkinson : Ontv those Homs checked |X below apply to this report, OSE; FUNCTION AND-INTENDED USE OF THE APPRAIS: (J The purpase of the appraisal (s to provide nn npinion of market valuc of the subject property as defined in this renorl, on behalf of the appraisal company facilitating the assignment for the referenced clicut ns the intended user af the report, The ondy function of the nppratsal is in assist ihe client mentioned in this report tn evalisating the subject property for leniling purposes. The use af this appralsal by anyone other than the sisted intended user, or Mar any other use than the stated intended usc, is prohibited. The purpose of the appraisal is ta pravide an opininn of market value of the subject property, as defined in this report, on belialf of te appraisal company facilitating the assignment for the referenced client xs the intended user of this report. The on/y function of the uppraisnt is to assist the client mentioned in this report in evalunting the subject properly Real Estate Owned (REQ) purposes. The use of this appraisal by anyone ler than the stated intended user, ar.for any ather use than the stated intended usc, is prohibited. &l The purpose of this appraisal is to provide an oplnion of value «on behalf ofthe appraisal company facililating the assignment for the referenced client ag the intended user of this report, The anly function of the appraisal is to assist the client mentioned in this report in evaluating the subject property far acquisition «The use of this appraisal by anyone other than the stated intended user, or for any other use than the stated intended use Is prohibited, This isi Complete Appraisal written ing Summary Repori farmat and the USPAP Departure Rule has of been invoked. 4 This fs.0 Limited Appraisal written ino. Report format and the USPAP Departure Rule fax been invoked as disclosed In tie body or addenda of the report. ‘The client has agreed that a Limited Appraisal is sufTiclent for ils purposes, *X] The appraisal is based on the infarmation gathered by the appraiser frony public records, ather identified sources, inspection af the subject property dnd neighborhond, und selection of comparable sules, listings, and/or rentals within the subject market urea, The original source of the comparables is shown in the Data Souree section of the markel grid along with the source of confirmation, (available, The original source is presented first. ‘The snurces and dala are considered celiable, When conflicling information was provided, the source deemed most reliable has Geen used, Data believed 10 be unrelinble was not included in the report nor used ns a basis for the value conclusion, The exlent of analysis applied to this assignment may be further imparted within the report, the Apprniser’s Certification below and/or any other Stutement of Limiting Conditions and Appraiser's Certification such as may be utilized within the Freddie Mac form 439 or Fannie Mac farm 1004b (dated 6/93), when _ applicable, ‘TIME, AND'EXPOSURE TIME (X] A reasonable marketing time for the subject property is 180+- day(s) utilizing market conditions pertinent to the appraisal assignment, A reasonable exposure time for the subject property is 180+- dny(s). . “APPRAISE Aa ea Tcertify that, to the best of my knowledge und belict: = The statements of fact contained in this report are Irue and carrect. + ‘The reported analyses, opinions, ani conctustions are limited only by the reported assumptions and limiting conditions, and are my personaly impartial, and unbiased professional analyses, opinions, aud conclusions. = Thave no present or prospective interest fi the properly that is the subject of this report, and no personal interes! with respect to the partes Involved, untess otherwise sinted within the report, = Thave no bias with respect to the properly that is the subject of this report or to the partics involved with this nssignment, + My engngement in this assignment was nol contingent upon developing or reporting predetermined! reaults. - My compensation for completing this assignment is vot contingent tipon the development or reporting of a predelermined value or direction in value that favors the cause of the client, the amounl of the value apinian, the attainment ofa stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. + My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Unifornt Standards of Professinnnt Appraisal Practice, - + Thave [XJ or have not tnde a personal inspection of the properly that is the subject af this report. (if more than one person signs this report, Ihis certification must clearly specify which individuals did and which individuals did not make a personal inspeciion of the appraisal praperty.) + No one praviced significant professional assistance to the person signing this report. (IC there are éxceplions, the name of cach individual providing significant professional assistance: must be slated.) NOTE: In the case of auy conflict with a client pravided certification (ie., Pantie Mac ar Freddie Mac), this revised certification shall take precedence. + Supervisory Appraiser’s Certifientinn: Wa supervisory appraiser signed the appraisal report, ie or she certifies and agrees thai: I direclly supervise the nppraiser who prepared the appraisal report, hove reviewed Whe apprnisal report, agree with the statements and conclusions af the appraiser, agree to be batind by the appraiser's certifications numbered 2-7 and 9 on the second page af Freddie Mac Form 439 6.93/Fannie Mac Form [0040 6-93, oF the third page of Farm 2055, and am inking full responsibility for the appraisal report. PR orca APPRAISER: J, SUPERVISORY APPRAISER ( - BZ nly jLpequired): Signature: 0 “4 bani Signature: Osram LE Name: Cody vee: = Name: M. Eugene Prest@7, MAI, SRA Date the Report was Signed: Seplamber 16, 2002 Date the Report was Signed: September 16, 2002 State Certification #: Sinte Certification #: St.Cart.Gen.REA 0000103 nr Stnte License #: St. Reg, Asst. REA 0008567 or State License ff: State: Fl. State; FL ADMINISTRATIVE COMPipainy ite of Cenitcation or License: 11/30/2002 _ Expiration Date of Certification or License: 14/30/2002. . . X] Did inspect subject property Inspected Comparabies EXHIBIT # f X] Interior & Exterior Interior & Exterior : 7 ra Exterior only Exterior anly . ae PAGE LZ. OF eyscrgnee stein 1oft ~ exhibit ted Sat ene OTE enero ~AS Page. Gerald & Mary Adkin Le Fila No. 02502215 . DEFINITION OF MARKET VALUE: — Tha most probable price which a property should bring in a competitive and open market under all conditfons requisite to a fair sale, the buyer and saller, each acting prudently, knowladgaably and assuming the price is not affected by undue stimulus. Impllcit in this definition is the consummation of a sale as of a specified date and the passing of titta from seller to buyer under conditions wheraby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in whal he considers his own best interest; (3) a reasonable time fs allowed for exposure in the opan markel; (4) payment is made in terms of cash In U.S. dollars or in terms of financlal arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold tinalfected by special or creative financing or sales concessions’ granted by anyone associated wilh the sale, "Adjustments to the comparables must be mada for spoclal or creative financing or salas concesstons, No adjustments are necessary for those costs which are normally pald by sallers as a result of tradition or faw in a market araa; these costs are readily identifiabla since the seller pays these costs in virtually all sales transactions, Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party Institutional lander that is nol already invalved in the property or transaction. Any adjustment should nat be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to {he financing ar concessions based on tha Appralser's Judgment. . STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: — The agpralser’s certlficallon that appears in the appraisal report Is subject to the follawing conditions: 1, The appraiser will not be rasponsible for matters of a legal nature that affect either the properly being appralsed or tha {tle toil, The appralser assumes thal the title Is good and marketable and, therefore, wilt not render any opinions about the title, Tha properly Is appralsed on the basis of It baing under responsible ownership, | “2, Tha appraiser has provided a sketch in the appralsal report to show approximate dimensions of the improvements and the sketch is Included only to assist the reader of the report in visualizing the properly and understanding the appralsers determination of Its size. 3. The appraiser has examinad the available flaod maps that ara provided by the Federal Emergancy Management Agency (or other data sources) and has noted in the appraisal report whelhar the subject site is located in an Identifiad Spectal Flood Hazard Area, Bacause tha ; appraiser fs not a surveyor, he or she makes 10 quaranteas, express or implied, ragarding this delarminatlon, : 4. The appraiser will not give testimony or appear in court because he or she made an appralsal of the properly In question, unless specific * arrangements to do so have been made beforehand, 5. ‘Tha appralser has estimated the value of the land in the cost approach at its highest and best usa and the Improvaments al thelr contributory value. Thaso separate valuations of the land and Improvements must not ba used In conjunction with any alher appralsal and are Invalid If they are so used, &, The appralser has nated tn the appraisal report any adverse conditlons (such as, needed repairs, daprectatlon, the prasence of hazardous wastes, toxic substances, etc, ) abserved during the inspection af the subject properly or that he or she became aware of during the normal research Involved in performing the appralsal. Unless otherwise stated in the appraisal report, the appralser has no knowledge of any hidden or unapparent conditions of the praperly or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc, ) thal would maka the property mare or fess valuable, and has assumed that there are no auch conditions and makes no quaranlees or warranties, express oF implied, regarding the condition of the property. The appralser will not be responsible far any such conditions that do axist or for any engineering or testing that might ba required to discaver whathar such conditions exist, Because the appralser Is not an expert in the field of environmental hazards, the appralsal repart must not be considered as an environmental assessment of the property, 7. The appraiser obtained the information, estimates, and opinions thal were expressed In the appraisal report {rom sources that ha or she considers to be reliable and believes tham to be true and corract. The appralser does not assume rasponsibliity for the accuracy of such items that ware furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report axcept as provided for in the Untlorm Standards of Professional Appraisal Practice, 9. The appraiser has based his or hor appralsal report and valuation concluslan for an appralsal that fs subject to satisfactory comptetion, repairs, or allarations on the assumption that complatinn of the Improvements will be performed Ina workmanlike manner, . 10, The appraiser must provide his or har prior written consent before the lenderfcliant specified in the appraisal report can distribute the appralsal report (including conclusions about the property value, the appraiser's identity and profassional designations, and references to any professional appralsal arganizations or the firm with which the appraiser Is associated ) to anyone other than the hofrower; the mortgagee or its successors and assigns; the mortgage insurer, consultants; professional appratsat organizations; any stale or federally approved flnancial Institutlon; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lenderfcllent may distribute the property description section of the reporl only to data collection or raparting service(s) without having to obtain the appraiser's prior written consent. The appraiser's wrilten consent and approval must also be obtained before ALPE ES iL br veyed by anyone to the ublic through advertising, public relations, news, sales, or olhar media. ADMINISTRATIVE COMPLRFRTTS ae omnes ny amen hs EXHIBIT #__| . P, TT AGE a OF Freee MAE PorMAss 6-93 Page 4 of 2 Fannla Mae Form 10048 6.93 Gerald & Mary Adkin Fila No. 02502215 APPRAISERS GERTIFIGATION: The Appraiser certifies and agraes thal: ‘ 1. [have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate ta the subject property for considerallon in the sales comparison analysis and have made a dollar adjustment when appropriate to rellect the markel reaction to thosa items of significant variation, If a significant tam in a comparable property is superior to , ar more favorable than, the subject property, | have made a nagative adjustment to reduce the adjusted sates price of the comparable and, if a significant ilam ina comparable property is inferlar {o, ar less favorable than the subject property, | have made a pasitive adjustment to increase the adjusted sales price of the comparable, 2. | have taken into consideration the factors that have an Impact on valua In my development of the estimate of markat value in the appraisal report. | have not knowingly withheld any significant information from the appraisal report and | believe, to the best of my knowledge, that alt statements and information In the appraisal report ara true and correct. 3. | stated In the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conctusions, which ara subject only to he contingent and limiting canditlons specified In this farm, 4. [have no present or prospective interest in the property that is the subject (o this report, and | have no present or prospective personal interest or bias with respect tc the partictpants In the (ransaction, | did not base, alther partially or completely, my analysis and/or the estimate of markel value in the appraisal report on the race, colar, religion, sex, handicap, familial status, or natlanal origin of either the prospective owners or occupants of the subject property or of tha prasant owners or occupants of the properties in the vicinily of the subject property, §. | have no present or contemplated future interest in the subject property, and nalther my current or future employment nor my compensation for performing this appralsal [s contingent on the appralsed value af tha properly, 6. | was not required to report a predetermined value or direction in value thal favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of 6 subsequent event in order lo receive my compensation and/or employmant for performing the appraisal, | did not base the appralsal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. Uperformad this appralsal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopled and promulgated by the Appraisal Standards Board of The Appralsal Foundation and that were in place as of the effective date of thls appralsal, with the exception of the departure provistan of thase Standards, which does not apply. | acknowledge that an estimate of a reasonable tIme for exposure in the apan market is a condition in the definillon of markat value and the estimate | developed is consistent with the marketing time noted In the nelghborhood section of this report; unless | hava otherwise stated in the reconcilialian section, 8. | have personally Inspacted the intarlor and exterlor areas of the subject property and the extarlor of all properties "sted as comparables in the appraisal report. | further certify that | have noted any apparent or known adverse condillons in tha subjact Improvernants, on the subject sita, or an any site within the immediate vicinity of the subjact properly of which | am aware and have mada adjustments for these adverse canditions in my analysis of the property value (o tha extent that | had markal avidence to support them, | have also commented about the affact of the adverse conditions on the marketability of the subject properly, 9, | personally prepared all conclusions and opintons about (ha real estate thal ware set forlh in the appralsal report. If | reliad on significant professional assistance from any individual of Individuals in the performance of the appralsal or the praparation of the appraisal report, | have named such individual(s) and disclosed the specific tasks performed by them in the raconcillation section of this appralsat report. t certify that any Individual so named ts qualified to perform the tasks. ! have not authorized anyone lo make a change {0 any Item In the report; therefore, If an unaulhorized change Is made to the appraisal report, | will fake no responsibility for il, SUPERVISORY APPRAISER'S CERTIFICATION: {fa supervisory appralser signed the appraisal report, he or she certifies and agrees that: | directly supervise the appraiser who prepared the appralsal report, have reviewed the appraisal report, agree with the stataments and conclustons af the appralser, agree to be bound by the appralser’s cerllfications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appralsal report. t ADDRESS OF PROPERTY APPRAISED: 4194 Parkview Streel, Pace, FL. 32571 APPRAISER: . SUPERVISORY APPRAISER (only If required) on ba Signature: 7 Signature: isthe of Name: Cody Gag a Name; Mi. Eugene Présiey, MAI, SRA Date Signed: Septamber 16, 2002 Date Signed: September 16, 2002 State Certification #: State Certification #: St.Cert.Gen.REA 0000103 or Slate License #: Sl. Reg. Asst. REA 0008567 or Slate License #: State: FL. ADMMISeative State: FL. ana AU MONO TRATIVE COM fevnisiiioh Date of Cerlification or License: ___ Explation Date of Certification or License: EXHIBIT 2 ft PAGE |__. OF os Did Oo Did Not Inspect Properly BIT oe Fannia Mae Forin 1004B 6-93 Freddie Mac Form 439 6-93 Page 2o0f2 ol 7 cago- Z

Docket for Case No: 06-001555PL