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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs F. GORDON HARPER, 06-004651PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004651PL Visitors: 19
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: F. GORDON HARPER
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Bradenton, Florida
Filed: Nov. 16, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 26, 2006.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA ip Lifes De v7) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? “lo FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, " lp - lf Uo! p L Petitioner, Vs. FDBPR Case N° 2004044172 F, GORDON HARPER, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against F. Gordon Harper (“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, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2 Respondent F- Gordon Harper (Harper) is and was at all times material hereto a licensed Florida real estate broker, issued license number 3021079 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued to Respondent Harper was as an inactive broker at 4752 Pinnacle FDBPR vy. F. Gordon Harper Case No. 2004044172 Administrative Complaint Drive, Bradenton, Florida 34208. 4, At all times material, Respondent Harper’s license was inactive. A copy of the license is attached hereto and incorporated herein as Exhibit 1. . 5. Respondent Harper is an officer/director of Gordon Harper Realty Inc. (Harper Realty) A copy of the State of Florida, Division of Corporations licensing is attached hereto and incorporated herein as Exhibit 2. 6. Harper Realty is not licensed to conduct real estate activities in the state of Florida. A copy of licensing is attached hereto and incorporated herein as Exhibit 3. . 7. On or about July 31, 2004, Respondent Harper, as broker, signed a listing agreement with Charles and Christina Cook (Sellers) for a property commonly known as 333 Bow Lane, Bradenton, Florida 34208. A copy of the listing agreement is attached hereto and incorporated herein as Exhibit 4. 8. At all times material, in the listing agreement, Harper Realty was named as the brokerage firm. . 9. Onor about July 4, 2004, Respondent Harper, as broker, signed a listing agreement with Benjamin Manzano and Carol Manzano (Sellers) for a property commonly known as 921 Faith Circle_B._Unit_46, Bradenton, Florida._A copy_of the _listing_agreement is_attached_hereto_and —__ incorporated herein as Exhibit 5. 10. Atall times material, in the listing agreement, Harper Realty was named as the brokerage FDBPR v. F. Gordon Harper Case No, 2004044172 Administrative Complaint firm. 11. On or about April 28, 2004, Respondent Harper was the broker in the sale of real property located at 3204 60" Street East, Palmetto, Florida 34221. A copy of the contracts attached hereto and incorporated herein as Exhibit 6. 12. On or about June 18, 2004, Respondent Harper was the broker in the sale of real property located at 1665 Bay Hill Circle, Sarasota, Florida 32 232. A copy of the contract is attached hereto and incorporated herein as Exhibit 7. 13. On or about September 16, 2004, Respondent Harper was the broker in the sale of real estate property located at 5610 B. 30" Court, Bradenton Florida 34203. A copy of the contract is attached hereto and incorporated herein as Exhibit 8. COUNT I Based upon the foregoing, Respondent is guilty of having operated as a broker without being the holder of a valid and current license as a broker in violation of Section 475 42(1)(a), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT IZ Based upon the foregoing, Respondent is guilty of having operated as a broker under a trade ___ name without causing the same-to_be noted in the records of the Commission and placed on his license or so operate as a member of a partnership or as a corporation or as an officer or manager thereof, without the partnership or corporation being the holder of a valid current registration in violation of FDBPR v. F. Gordon Harper Case No. 2004044172 Administrative Complaint Section 475.42(1)(k), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. ) COUNT III Based upon the foregoing, Respondent is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455, 475 or the rules of the Petitioner in violation of Section 455.227(1)(j), 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 ofa 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_61]2-24.001.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 FDBPR v. F. Gordon Harper : Case No. 2004044172 Administrative Complaint permit for a period not to exceed ten (10) years; imposition ofan administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply: See Section 455,227, Florida Statutes and Florida Administrative Code © Rule 61J2-24,001. SIGNED this oy day of Lb answke , 2005. epartment of Business and Professional Regulation izabeth P. Vieira Director, Real Estate Division ATTORNEY FOR PETITIONER, " A. Santana, Senior Attomey Florida Bar N° 0318360 Division of Real Estate ~“ Fi ILEF Department of Business and Seren iment t of Pp, Professional Regulation, TOfes . : sitT BFE = E8sionat —— Legal Section - Suite W801 eal Estate . Hurston Bidg. North Tower en 400 West Robinson Street vows a Orlando, Florida 32801-1757 te ee ™ (407) 481-5632 Date ae (407) 317-7260 FAX FDBPR v. F. Gordon Harper Case No. 2004044172 Administrative Complaint AS/k PCP: MV/JIR 3/05 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. _ PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. Alvida Future. (J dab Bush Gavemar Diana Carr Secretary “ Diviston of eal Este 400 West Robinson Street - Suto NOOO * Ontando, FL 92303-1756 ° “VOICE 407.721-8033 7 BAX +), 407.997.7245 EMail Fred. aside ates us INTERNET °° www mylovida.com .” L00/TOO"a Sgea# : FAX #: FROM: . Ling ep fp - ah eg ye Alley AynnfSlon OF - Mearnngs"e took. “a fae, FACSIMILE COVER SHEET | Gskoan Hpeeea a7 74 7- ‘2bey | = Sets sc te seen sess bese sees coe cecncamerinmeanicce . FOR LONG DISTANCE CALLS: . if receiver has Suncom number, dial “B” the prefix and last four digits of the FAX number. © , If. receiver i is not on the Suncom, dial “8, than * “4, the area code and phone. number. . SRES sacs scnamSaoseasstensesss . "Division of Real Estate/Enforce PHONE#: (407) 721-8933 FAX#: (407) 317-7245 | i # of f Pages jincluding this cover sheet office/Section) MESSAGE: Mik 8 The contgart Zl. SUCLLTELOW Ce*80 FOOT. C2°aas aqegeateayzoata Gordon Harper Realty, Inc. 4752 Pinnacle Drive Bradenton, Florida 34208 941-747-7200.-or 1-800-757-2165 — (F) 941-747-7604 _ E-mail: Gordonharperrealty@hotmail.com . 9-23-04 To: Fred Seli. - ‘Fax#: 407-317-7245 From: Gordon Harper Fax#t: 941-747-7200 - oo Pages: 6 & cover = Comments , I have mailed off the $95, 00. Call me if I need to correct t anything. Thank you for your help. : Gordon DBPR RE-2050-1 — Request for Change of Status STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL ‘REGULATION .. : : .1940 North Monroe Street: “Tallahassee, Fi: 32399-0783: Become Active ~ no charge Become Inactive — no charge : Add/Delete Trade Name-—-no charge : Become Sole Proprietor =no charge *. Change Broker/Owner Employer — no charge Terminate Empliyoa -no charge : Add/Dolete PA - $30.00'foo required Request for Muses io License - $95.00 Are you now or with the i issuance: sol this license an officer, diractor, member or partner of any corporation, partnership, or L.L.G which, acts as a. broker? Yes O-No :.% | ICyes, please list namo.of entity 1 affirm that Vhave provided the abave information completely: and. truthfully to the bast of my knowledge. ae De " Revised 08/03 3 L00/L00'd Gece | - \.* agegegteeuzoata === SSC YL TEL Gee0 ¥o0z, ee "das DBPR RE-2000-1:— Application Requirements REV 08/03 . STATE OF FLORIDA DEPARTMENT. OF BUSINESS AND PROFESSIONAL REGULATION cot vo, 1940 North Monroe Street ce Tallahassee, FL 32399-0783 Application requirements vary depending on the license type being applied for. The following lable provides detail of the required farms for the various iypes of applications. You can also apply of renew: licenses online and make payments by credit card by viewing the D&PR Online Sorvices section lovaled . at httpitiwww.myflorida.com. If you. have any questions or need assistance in-completing your application, . please contact the Custumear Gontact Genter at (850) 487-1395. . , . _ Please submit this checklist with your application, ‘Check License Type Action : Requested Continued’ Qo Required Forms Application Fee { By Form Number) 0016 2, 0090-1, 0050-1, 0060-1, 2000-1, 2010, 2040-1" | Instructor — "$182.00 Residential Appraisal 7 Instructor ~ | General | Appralgal- ‘| School Chief Administrator $152.00 0010-2; 0030-1, 0050-1, 0080-1, 2000-1, 2010-1, | 2040-1 - ~ $65.00 0010-2, 0030-1, 3000-1, 2070-1 New. $95.00. ‘ 0020-1,-0030-1, 0040-1, 2000-1, 2050-1, _.| Corparationsy . ‘ : 2100-1 (Optional) -| LLCy . Partnerships : ra , ‘| New Branch _ $85.00 - 0020-1, 2000-1, 2100-1 Oftice New School $135.00 . 0020-1; 0030-1, 0040-1, 2000-1; 2070-4 School Additional ‘Location "$50.00. 0020-1, 2000-1, 2100-1 ° Please cull for appropriute foe(s) Corporate "0020-1, 0030-4, 0040-1, 2000-1. 3080-41 Amendment. on ho : . Please call for | Soles _ . appropriate fge(s).”- 0030-1, 0080-1, 2000-1, 2050-1 . | Proprietor o : «Checks ‘and Money Orders are accepted for applications received by mail. + Please make checks or money orders payable to DBPR - Division of Real Estate. e Please atidréss mail to DBPR = Central Intake and use the address listed on this form. - La 7 L06/Z00'a. SSeG8 Ss aqeyeyteaugoata - * “GHZLLTELOW £80 ¥O0Z.E2 "ATS '- DBPR 0020-1 — Master Organization Application . PEAKED ReBorton . STATE OF FLORIDA 2 , . ‘ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: Fegora! Empl joyer ID Secsaae ee Security Number - -SeS4she aa crgrapnarcr pe Na 2 €F, 52) ee Daing Bo Gee dan te (DF 1A hen 7 ... SwoRDO! RR enlty Lave, ‘Ow nership: Proprletorshio ey) ER "Re Q Parthership LY Joint Venture Agreement greement C) , Trust 1 eels U Estate 0 Professional Association Q Other — iat stein SS = =} 1B Sts ee = Sipe Address r P.O, Box, | 75a ese ge FO Bow De. Beno Or Acton, Clty A aid . . Con Lay 4 Sn oO . ORSON peer Number 4 Pri | Pine ay eh Ly Evie Fine, Zip Cade (+ optional) lL. “ae a SA “ine ‘Peer Mindy Aci, parry 0 Sted Security miners wy wurkay uninss apenm caity reduc Ly ree ‘statist, 10 Mie friwtiotucs, ‘Sociat Siestvery inuraboers sant mandatory irdnarl lu Tobe 4? Unided Stato Carlee, Siennns 693 gral 654; and ‘ostons A05.200(8), 40a. 409.2577, nn 400 7998, Huvide Stuluins. Goal Seuuilly munities nen . teed ww ultuw efficient semeniny uf syplicants Ant lictaewros bey 3 The IV. ChEG Supra syency to Rei conytes willl Dall supper oobyitons. Budet iat Seeanry numbsre. sist visu by reenmied 00 all prufescional nnd petipybarral Boonee appacancans exw will Lis" tute! lor teninan hbenbioslion pura 9 ne Péreunat » Respenranaty and Work Ouportunity Hoeoncaoimn ul 1998 (weitary Motard wa 4 Ht 403, Seu, az. ” “L00/e00"a ggecg : ‘aqeqeqTRayzOATG GPZLLTELOW PEtGO HoOOZ.ez ATE DBPR 0040-1 ~ Officers and Directors Pls fe ont "| STATE OF FLORIDA : 4 ¥ DEPARTMENT OF BUSINESS AND ; a | . PROFESSIONAL REGULATION . i Mew, NOTE ~ This form must be submitted as part of an _ application packet : : Pnae provide information on the partners, managers, officers, or direcinrs far your business enlily low. : . , ame oF Coo : or Namo ity your “ corporation is ali fle fi bility ‘corporation (LEC), Is the corporation member managed or manager q marioged? You can check j your Articles of Incorporation for this information, : Member Managed Ct Manager Managed WJ IF you are a member Managed ULC, list below all members. if you ure a manager managed LLG, list below al all maha : . . eas of Owners ef Gwnership 100 F, 7 | ‘aesGcuce ADDRESS * | treat Keres or FO. Box O, Box cary (i Florida address) prea lS =e ENT Jai): age . y Litt Name oo, . . Fi o : “Middle a ‘Offices Hela ys, 7 Percentage of Siirship 7] Acliv . oe : an G Nor. “RESIDENCE = ADDRESS" : : 'Strael Address or P.O. Box.” City County (rr Floridi: a ) “oosgoo'a see ayeyeqTeauzoaTa, - GRZLLTELOF FEt80 ¥00z. €2"ags Pongal) ee SS ~ Middle Title” Suffix f Office Het — an Percentage of Ownership Active aT a re anny Non-Actve © ee ; : . RESIDENCE ADDRESS . _ “TL. | Street Address or P.O. Box . . : 7 — | Sale [2 Code (+4 optional) + pew intry” et —_———— . “First. Mitkdle — Percentage of Ownership] Active’ “oO a : — : JNon-Active 9 - , __ RESIDENCE ADDRESS Streel Addross or P.O. Box . : i. ciy County (if Florida address) ‘ . [2 Code (+4 optional) ECT ICIN: . Middte Tile ~ Suffix ' Percentage of Ownership ‘Active * ~ Ut ° . : Non-Active u RESIDENCE ADDRESS Last Name {| Office Held Street Address or P.O. Box. yoy = — | Slate. |Z Code (+4 optional) * “WCounty (ifFtoriga address) | ee } Country ~ ™ , : Olfica Held ot .. | Pareentage of Ownership” Active [ma wet uo _. a a Non-Active uu . : : : RESIDENCE ADDRESS . . : Street Address-or.P.O. Box Coe . citys a re [sae TE | Zip Code (+4 oplional} County {if Florida address) = _ | Country” Attach additianal sheets.as necessary ©. | .L00/900°a asec# .- _ , aqeqegTReyzoara SUZLETELOF berad yooz, e€2"daas DBPR 0030 — Attest Statement . | Hoviked Futusirn © -STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION RightNow. "NOTE ~ This form must be submitted as part o ‘of an av - ‘application packet ; Social: Securily Number 224-2 “ABN, . Application (ype (Check one): Initial License Thave read he questions i in this a [he bast of my knowledge. Ihave successfully completed the education required, if any, for the level of licensure, registration, or certification, Sought. . , , : , os 1 have. the amount of experience. required, it any, for the level of licensure, registration; or certification Sought. - . t pledge to campy with the applicable standards of practice upon licensure, registration, or ceria. » fl understand the types of mis nduct for whith disciplinary proceedings may. bo Intated. | Signature: Lr ope . The. foregoing application was | swom to and J subscribed before me this 22. Day ofS —_ w Seance s_ G: Hocpee . Lype’or F print name of applicunt , gmat ‘of spelcant ; who.is persorially known. to me or who has jroduced the fallawing as identtication ECDL. _ Type of denticalon signature at person ta acknowledgement 7 ct My COMMISSION # DD atgeed “EXPIRES; May 6, 2007 , cl Sonded Thru Notary Publi Underwriters : ian HAY 1 auewie simpler we chin supper clinpatyns, Suciat Securdy.tombery inaet alsa be reenibol wt atl pentsicnal eck varopentanal fsease apylnatiogn ned wil fe wwe Ba" Srowice Ldentittat ans assonn oy the Peratat kespanmdily pond Work Ciymnutily Retunallicioe ter af Ince [Meare mach 1 (Of PubL.1s, san V7 i - : Hevinnt amis va002 : ‘Loo/poo"a ‘ssead Lo 28 aqe{eqTeayyoata | : “GPZLLTELOG FEIGO FOOT.E2*aaS peaa i ADMINISTRATIVE COMPLAINT EXHIBIT #__! EAHISIT. _ 3 Division of Corporat’_ - - ) Page | of 2 Florida Profit GORDON HARPER REALTY, INC. PRINCIPAL ADDRESS 4752 PINNACLE DR BRADENTON FL 34208 MAILING ADDRESS 4752 PINNACLE DR BRADENTON FL 34208 Document Number FEI Number Date Filed P02000031196 . 043654864 03/18/2002 State Status Effective Date FL ACTIVE NONE Registered Agent ame & Address BETTERTON, GREG A ESQUIRE 98] RIDGEWOOD AVE, STE 101 VENICE FL 34292 -- Officer/Director Detail . HARPER, GORDON 4752-PINNACLE DR BRADENTON FL 34208 ‘Annual Reports ADMINISTRATIVE COMPLAINT ave Rake ee a EXHIBIT. £ PAGE, 21 ————— http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&n1=P02000031196&n2=NAMFWD&n 9/1 7104 eae ADMINISTRATIVE COMPLAINT EXHIBIT #__? = PAGE /__ oF _L exusT__6__pace_3/ 1g 'Agreément (“‘Agreement’).Is.betwesn . Usa) a meeipaven Geen (‘Seller") and \~ SRIT TO SELL PROPERTY: Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal Property “Property) described below, at the price and terms described below, y, beginning the Bs day of = , QO K, and-terminating at 11:59 p.m. the 312 day of aws rt rate Date’). Upon full execution of a contract for sale and purchase of the Property, aif rights and obligations of this areal automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge that . Broker’). ... § a} , Property i | is Q Is not currently occupied by a tenant Hf occupied, the lsase term expires ,3 PRICE “AND: Bie oe The property} is offered for sale on the following terms, or an other, tems acceptable t to Seller: 1 eked a2 with the following v prigage: ‘Buyer may assume existing mortgage for ~~ plus an assumption _.. The mortgage Is fora tarm of years-begIinning in at an interest rate of -pitier media; pl ice appropriate transaction signs on the Property, including “For Sale" signs and “Sold” § signs (once Seller signs a ales: contract)! ‘and use Seller's name in connection with marketing‘ oracivertising t the Property; robtain information featng to the present mortgansts onthe Property... esabie}et Use-a-lock box system-to- show-and-access-the Property AC looicboxdoss-not ensure the- Property's : q ler is advisad to secure or remove valuables, Seller agrees that ihe lock box Is for Seller's benefit and releases Broker, _petsoris working through Broker and Broker's local Realtor Board/Association from all liability and responsibility In connection with ny logs thet.ocours, © Withhold verbal offers. O Withhald all offers once Seller accepts a sales contract for the Property, ‘Act as a transaction broker. ELLER OBLIGATIONS: In consideration of Broker's obligations, : Seller.agrees to: ; (a) Cooperate, with Broker in carrying out the purpose of thls Agreement, including referring Immediately to Broker all inquiries. regarding-the Property's transfer, whether by purchase or any other means:of transfer. lb) Proiide Broker with Keys to the Property and make the Property avallable for Broker to show during reasonable times. <1 "Rav, 1006: _ 2008 Florida Association of Rzalrors® ap rise COMPLAINT — Page of 3 exniait #_ 9 EXHIBIT. [0._ PAGE Ss : PAGE (oD -prior to leasing, mortgaging or otherwise encumbering the Property. : indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, “Including attorney's feas, and from ilability to any person, that Broker incurs because of (1) Seller's negligence, representations, misrepresentations, actions or inactions, (2) the use of a lack box, (3) the existence of undisclosed material facts about the ‘operly, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to pensation from Broker. This clause will survive Broker's performance and the transfer of title, {e): “lo'petformn any act reasonably necessary to comply with FIRPTA (internal Revenue Code Section 1445), ),Make-ail legally required disclosures, Including all facts that materially affect the Property's value and are not reacdily fvable or known by the buyer. Seller represents: there are no material facts (building code violations, pending code citations, fo)e able defects, -ete.) other than the following: Seller wil immediately inform Broker of any material facts that arise after signing this Agreement. Mt appropriate professionals for related legal, tax, property condition, environmental, foreign reporting requirements and ther-specialized advice, ‘COMPENSATION: Seller wil compensate Broker as specified below for procuting a buyer who is ready, willing and able to chase the Property or any Interest in the Property on the terms of this Agreement or on any other terms acceptable io Seller. ler: will: bay: Braker as follows (plus applicable sales tax): ie) 5 _% of the total purchase price OR §. no later than the date of closing specified . the sales contract. However, closing is not a prerequisite for Broker's fee being earned. dé» _ ($ of -%) of the consideration paid for an option, at the time an option Is created. If the option Is exercised, Séller wil pay Broker the paragraph 6(a) fee, less the amount Broker received under this subparagraph, (c) pe (6 oF %) of gross lease value as a leasing fee, on the date Seller enters into a lease or agreement to lease, whichever is soonest. This fee is not due ifthe Proparty is or becomes the subject of a contract granting an exclusive right to lease the Properly, (d). Broker's fae Is due In the following circumstances: (1) If any interest in the Property Is transferred, whether by sale, lease, exchange, : ‘governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer Is secured by Broker, Seller or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales "contract or agrees with a buyer to cancel an executed sales contract. (3) lf, within G ® _ days after Termination Date (“Protection ’ Period’), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospacts with whom Seller, Broker or any real estate licensee communicated regarcling the Property prior to Termination Date, However, no fee will be due Broker if the ‘Propaity Is relisted ‘after Termination Date and sold through another broker, {) Retained Deposits: As consideration for Broker's services, Broker is entitled to recelve__(__—-% of alll deposits that Seller vs rétains as liquidated damages for a buyer's default in a transaction, not to excead the paragraph 6(a) fea. 7,, COOPERATION AND COMPENSATION WITH OTHER BROKERS: Broker's office policy Is to cooperate with all other. brokers ent when not in Seller's best interest: Q and to offer compensation inthe amount of_____—_—_% of the purchase price or to Buyer's agents, who represent the interest of the buyers, and not the interest of Seller in a transaction; O and to * compensation in the amount of % of the purchase price or $. to a broker who has no brokerage élationship with the Buyer or Seller; OQ and to offer compensation in the amount of % of the purchase price or to Transaction brokers for the Buyer; Q None of the above (ff this is checked, the Property cannot be placed in the MLS.) Bi KERAGE. RELATIONSHIP: : IMPORTANT NOTICE RIDA ‘Law REQUIRES THAT REAL ESTATE LIGENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS iu:should:not assume that any real estate broker or sales associate represents you unless you agree to engage a real estate licensee in authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any Information want to ba held i in confidence until you make a decision on representation, . TRANSACTION BROKER NOTICE RIDA:LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO YBUYERS.AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION. a transaction broker, and fis associates, provides to you a Ilmited f rm of representeition.that includes the following duties: . . aan ‘Dealing ‘honestly and ‘fairly; ) 60 : "“" (6) Findneing Terms: & Cash G Conventional Q VA O FHA O Other { + 0! Seller Financing: Seller will hold a purchase money morigage in the amount of _ Ae with the fallowing » tanhs: Lo . Q Assumption of Existing Mortgage: Buyer may fee of $__. : » The mortgade 2 -% 0 fixed O variable (des¢ribe) Lender approval of assumpilon Q ts requi quired C) unknown. Notice to Seller: You.may remain liable for an assumed morigage for a number of years after the Pr is sold, Check with your lender to determine the extent of your lability, Seller will ensure that all mortgags payments and required escrow deposits are current at the ttme of closing and will convey the escrow depositto the buyer at:closing. ce ) Seller Exp as! Seller will pay mortgage discount or other closing costs not to exceed 47% of the plirchase price; and § Seller. agrees to pay In connection with a transaction. . ese sume existing mortgage for $ plus an assumption years beginning In__ at an interest rate of tract is pending.on the Property. Seller authorizes Broker to: vo ‘(al) Advertise the Property as Broker deems advisable in newspapers, publications, computer networks, Including the Intarnet ancl : “other media; place appropriate transaction signs on the Property, Including, "For Sale" signs and "Sold" signs (once Seller signs a «salds-contract);.and use Seller's name In connection with marketing or advertising the Property; b)-Obtain:information relating io the present morigage(s).on the Property, : : . ¢) Placé the. property in a multiple listing service(s) (MLS), Seller authorizes Broker to report to the MLS/Assoctiation of Realtors® ‘this listing information and price, terms and financing Information on any resulting sale, Seller authorizes Broker, the MLS and/or Assoolation, of Realtors® to use, license or sell the active listing and sold data, : eeliy Nc, : Broker"). ATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell the Property until a sales (d) Provide “objective comparative market analysis information to potential buyers; and (e) (Check if applicable) Q Use a lock box system to show and access the Property, A lock box does not ensure the Property's ecutity; Seller istadvised to secure or remove valuables, Seller agrees that the lock box is for Seller's benefit and releases Broker, “persons workiig through Broker and Broker's local Realtor Board /Assoclation from all liability and responsibility in connection with ‘any loss that cocurs, O Withhold verbal offers. O Withhold all offers once Seller accepts a sales contract for the Property, i{f) Act as-a.transaction broker. . . . ELLER OBEIGATIONS: In consideration of Broker's obligations, Seller agrees to: ” on )- Cooperate with Broker in carrying out the purpose of this Agreement, Including referring Immediately to Broker all quiries-regarding the Property's transfer, whether by purchase or any other means of transfer, ) Provide Broker with keys to the Property and make the.Property avallable for Broker to show during reasonable times. LO nn vat , 8/00. ‘2000 Florida Association of rene NI ~ Hila re MPLAINT ; Page 1 of 3 : neds 4 iL . . vt EXHIBIT 2+ EXHIBFE—/ J, PAGE 3 ? PAGE OF Z ‘ co y ‘Broker and-hold Broker harmless fram losses; sania costs and expenses of any nature, ttorniey's fees, and irom liability to any person, that Broker incurs bacause of (1) Seller's negligence, repressniaiions, : tnisreprésentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that 4 broker who was not compensated In connection with a transaction is entitled to compensation from Broker. This clause will survive Broker's performance and the transfer of title, yh (e)To perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445). °°) Make ail legally required disclosures, Including all facts that materially affect the Property's value and are not readily observable or known by the buyar. Seller represents there are no material facts (building code violations, pending code citations, : unobservable defecis, sic.) other than the following: ‘will immediately. inform Broker of any material facts that arise after signing this Agreement. (g} ‘Consult appropriaté professionals for related legal, tax, property condition, snvironmental, foreign reporting requirements and other specialized advice. GOMPENSATION; Seller-will compensate Broker as. specified below for procuring a buyer who Is ready, willing and able to purchase. the Property or any interest In the Property on the terms of this Agreement or on any other terms acceptable to Seller. Her ‘wil pay Broker as follows (plus applicable sales tax); . 7 96 of the total purchase price OR §. no later than the date of closing specified In'the sales contract: However, closing is ‘not a prerequisite for-Broker’s fee being earned, (b) (S of %) of the consideration pald for an option, at the time an option is created. If the option Is exercised, Seller will pay Broker the paragraph 6(a) fee, less the ammount Broker received under thls subparagraph. {c) (8 or 94) of gross [sase value as a leasing fee, on the date Seller ariters into a lease or agresment to lease, whicheveris soonest, This fée fs not due ifthe Property Is or becomes the subject of a contract granting an exclusive right to lease the Property, (d) Broker's fee‘ls due in the following circumstances: (1) If any interest in the Property Is transferred, whether by sale, lease, exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer Is secured by Broker, Seller or any other person, (2) If Seller refuses or falls to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales : contract or agrees-with a buyer to cancel an executed sales contract, (8) if, within GO days afier Termination Date ("Protection : Period’, Seller transfers or contracts to transfer the Property or any inierest In the Property to any prospacts with whom Seller, Broker of any real estate licensee communicated regarding the Property prior to Termination Date. However, nd fee will be due Broker if the Property Is: weisted < after Termination Date and sold through another broker. Y (6) Retain ‘Deposits: ‘As consideration for Broker's services, Broker ts entitled to receive__ 2 __% of all daposits that Seller _ retains.as liquidated: damages for a buyer's default In a transaction, not to exceaad the paragraph 6(a) fee. COOPERATION WITH OTHER BROKERS: Broker's office policy is to cooperate with all other brokers except when nat in Seller's best interest, and to offer compensation to: O Buyer's agents, who represent the Interest of the buyer and not the interest of aller In a transaction, even if compensated by Seller or Broker. O Nonrepresentatives O Transaction brokers, of thé-above (f this’ box.is checked, the Property cannot be placad.in the MLS). IMPORTANT: NOTICE until you make a decislon-on representation... TRANSACTION BROKER NOTICE IDA'LAW" REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISGLOSE TO SUVERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION. ‘S.a transaction broker, _:CGroR De Ose and its associates, provides to you a limited form of resentation ‘that Includes the following duties: : Dealing honestly and fairly; Accounting f for all funds: . Usirig-skill-carei.dind diligence In the transaction; | Disclosing ‘all khiewn facts that materially affect the value of residential real property and are not readily observable to the buyer; ‘8, ‘Presenting. all offers:and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise In writing; °6,. Limited confidenilality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a “price less thar the asking or listed price, that the buyer will pay a price greater than the price submitted In a written offer, of the smotivati ion oF any patty for salling or buying property, that a seller or buyer will agree to financing ierms other than‘ those offered, or of any 00 Foe Association of swans Ml Nig aFRATINE.GOM PLAINT : Page 2 of 3 EXHIBIT ae pace YO PAGE o- OF eT ememnase Limited representation means that a buyer or seller is not responsible for the acts of ihe licensee. Additionally, parties are giving up their rights to the undivided loyalty of the license. This aspect of limited representation allows a licensee to facilitate 2 real estaie transaction by assisting both the buyer and the seller, but a icensée will not work io represent one party to the Satriment of the other pariy when aciing as a transaction broker to both pariies. 27-04 f° Reem Pout Han zonce Date Signature Signature ' 9, GONDITIONAL TERMINATION; At Seller's request, Broker may agree to conditionally terminate this Agreement. If Broker <; agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct expenses incurred in marketing the Property and pay a cancellation fee of $ plus applicable sales tax. Broker may vaid the conditional termination and Seller will pay the fee stated in paragraph 6(a) less the cancellation fee if Seller transfers or contracis to transfer the Property or any interes in the Property during the time‘period from the date of conditional termination ~ to Termination Date and Protection Period, if applicable. , 1°10, DISPUTE RESOLUTION: This Agreement will be construed under Florida law, All controversies, claims and other matters in 1’, question betwesn the parties arisirig out of or relating to this Agreement or the breach thereof wil be settled by first attempting *.* mediation under the rules of the American Arbitration Association or other mediator agreed upon by the parties. if litigation arises out of this Agreement, the prevailing party will be entiilad to recover reasonable attomey's fees and costs, unless the parties agree that disputes will be setiled by arbitration as follows: Arbitration: By initialing in the space provided, Seller (24)n) C.O.9\, Listing Associate ( ) and Listing Broker ( agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county In which the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator agresd upon by the parties. Each party to any arbitration or litigation (including appeals and interpleaders) will pay tis awn fees, costs and expenses, including attorney's fees, and will equally split the arbitrators' fees and administrative fees of arbitration. 11, MISCELLANEOUS: This Agreement Is binding on Broker's and Seller's heirs, personal representatives, administrators, successors and assigns. Broker may assign this Agreement to another listing office, Signatures, initials and modifications communicated by facsimile will be considered as originals. The term “buyer” as used in this Agreement Inclucies buyers, tenants, exchangors, optionees and other. categories of potential or actual transferees. 12, ADDITIONAL TERMS: . ‘ RR Data: [5-0 by Sellen Prey Jao A Wenz a Na __Tax 1D No: HL4 So 1850 sea K all: “Telephene-#s:-Homad OF 3332 ' orl i Call Fax: - Adcrass:<20 Davis Rd. Lodi, cA 724A E-mal:codscaben a @webT%iet ‘Date: J-//-0 Selle 0 eu re ) Tax ID No: Telephone #'s: Home. Work, Cell Fax: Address: : E-mail: Date: Authorized Listing Associate or Broker: _@srat. SO AEC Brokerage Firm Name; Cure st foes VAS UROL 2Repihy Wie, Telephone: Adoress: 4753. Prnwoiel e De! BRAdEwtey FL 344.05 | Copy returned to Seller on the [Fh day of July 2007 ioe by C.peRgRPUSNIOGTE mal facsimie, | To “The conyrioht laws of the United States (17 U.S. Cocs) forbid the unauthorized repraduation GF this mir any means Including facsimile or computerized fonns, Le : Hen : . _ Yy ik ne nl e "“ERS-8tb . * Rav, 6/00 G2000 Florisa Association of Reactors® EX HAR Aibhtg Ree ‘ed > Page 3 073 PAGE _ 2 OF -2 zenigiy_ / ‘D) PARE aa . . To wt 1 1, SALE AND PURCHASE: Paul Jg., Richter and Brenda W. Richter (“Seller”) 2 and Christopher Klemp and Dionne Klemp (“Buyer”) 3 agree to sall and buy on the terms and conditions specified below the property described as: 4° Address: 3204 60th Street E., Palmetto, FL 34221 a County: Manatee 8 Legal Description: uot 6, Palm View Gardens, Unit One tad ia Tax ID No: an7.oo00/5 8 together with all improvements and attached items, including fixtures, bullt-in furnishings, bullt-In appliances, ceiling fans, light 9 fixtures, attached wall-to-wall carpeting, rods, draperies and other window coverings. The only other items included in the io” purchase are: Per Listing 13° The following attached Items are excluded from the purchase:n/a 48 The real and personal property describad above as Included in the purchase is referred to as the "Property." Personal property listecl 18 in this Contract is included in the purchase price, has no contributory value and is being left for Seller's convenience. 7 PRICE AND FINANCING 48° 2, PURCHASE PRICE: § 195,000.00 payable by Buyer in U.S, currency as follows: iw = (a) $___ 5000.00 = Dgposit received (checks are subject to clearance) Upon Acceptance sb 20" for Wagmer Realty - (‘Escrow Agent’) ai Signature Name of Company : zr = (by $0 = Adcitional deposit to be made by . ' or days 23 from Effective Date. 24° (c) ( Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) a = (d) 0.00 Other: 2 (a) § 190,000.00 Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds paid or at closing must be paid by locally drawn cashier's check, official bank check, or wirad funds, 2a* 8, FINANCING: (Check as applicable) O (a) Buyer will pay cash for the Property with no financing contingency. 23” 2 (b) This Contract is contingent on Buyer qualifying for and obtaining (1) and/or (2) below (the Financing") by ___May 6th 30° 2004 (if left blank then Closing Date or within 30 days from Effective Date; whichever-oacurs first) (“Financing Period"): ai (1) A commitment for new i conventional O FHA QO VA financing for $ or % of the purchase price (plus 32 ary applicable PMI, MIP, VA funding fee) at the prevailing interest rate and loan cosis (if FHA or VA, sea attached addendum), " L$ (2) Approval for Seller financing or assumption of mortgage (see attached addendurn). ne * Buyer will apply for Financing within__7 _: days from Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial and other information required by the lender. Either party may cancel this Contract if () Buyer, after using diligence and good faith, cannot obtain the Financing within the Financing Period or cannot meet the terms of the commitment by the Closing Date, or (ji) the Financing is denied because the Property appraises below the purchase price and either Buyer slacts not to procaad or the parties are unable to renegotiate the purchase price. Upon cancellation, Buyer will return all Seller-provided title evidence, surveys and association documents and Buyer’s ceposit(s) will be returned after Escrow Agent receives proper authorization from all interested parties. 2S8SBS9eRResy CLOSING 4, CLOSING DATE; OCCUPANCY: This Contract will ba closed and the deed and possession delivered on__ May 6th , 2004 ("Closing Date”), unless extended by other provisions of this Contract. The Property will be swept clean and Seller's parsonal items removed on or before Closing Date, ff on Closing Date insurance underwriting Is suspended, Buyer may postpone closing up to 5 days after the insurance suspension is lifted, a 8 &Rb Ss ——48— 5 CLOSING- PROCEDURE; COSTS: Closing wil take place inthe county where the Property is locatec"anc may be conducted by 47 electronic means. If title insurance insures Buyer for title defects arising between the title binder effactive date and recording of 48 Buyer's deed, closing agent will disburse at closing the nat sale proceeds to Seller and brokerage fees to Broker as per Paragraph 42 19. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 50 (a) Seller Costs: Seller will pay taxes and surtaxes on the deed and recording fees ior documents needed to cure title; certliied, 51 contirmed and ratifiad special assessment liens and, if an improvement is substantially completed as of Effective Date, an 2° amount equal to the last estimate of the assessment; up to __© % (1.5% if left blank) of the purchase price for repairs to aa" warranted items (“Repair Limit"); and up to ___0 _% (1.5% if left blank) of the purchase price for wood-destroying organism 54° treatment and repairs (“Termite Repair Limit"}; Other: rarer) 4. a> Buyer ete ya) 18) and Seller (UK) R R festy acknowledge receipt of a copy of this page, which is Page 1 of 6 Pages. FAR-5 Rav, 10/00 ©2000 sor Rass Association of Reattorns® — All Rights Reserved This software is licensad to [Brenda ARMAS FAVE COMPLAINT coms. com. EXHIBIT toro LZ ace C7 PAGE OF o] ao a am. eo a J “ost hoo “ 4 —) —d] (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages; recording fees on the aad and financing statements; loan expanses; pending special assessment liens; lender's title policy; inspections; survey; flood insurance Other: _ . (c) Title Evidence and Insurance: Check (1) or (2): ‘at (1) Seller will provide a Paragraph 1Ofaj(1) owner's title insurance commitment as title evidence. U Seller Wd Buyer wil solet the iitle agent. UI Seller & Buyer will pay for the owner's title policy, search, examination and related charges. Each party will pay its own closing fees, Q (2) Seller will provide title evidence as specified in Paragraph 10(a)(2), 0 Seller O Buyer will pay for the owner's title policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and len search fees, and Buyer will pay fees for title searches after closing (|f any), title examination fees and closing fees. (4) Prorations: The following items will be made current (if applicable) and prorated as of the day before Closing Date: real astate taxes, Interest, bonds, assessments, association feas, Insurance, rents and other current expenses and revenues.o7 the Property. If taxes and assessments for the currant year cannot be determined, the previous year's rates will be used with adjustment for exemptions and improvements. Buyer |s responsible for property tax Increases dus to change in ownership. (e) Tax Withholding: Buyer and Seller will comply with the Forsign Investment in Real Property Tax Act, which may require Seller to provide additional cash at closing if Seller Is a “foreign person” as defined by federal law. (f) Home Warranty: O Buyer O Seller 0 N/A will pay for a horne warranty plan issued by : ata cost not to excead $0.00 _, A home warranty plan provides for repair or replacement of many of a:home's mechanical systems and major bullt-in appliances in the event of breakdown due to normal wear and tear during the agreement period.” PROPERTY CONDITION 6. INSPECTION PERIODS: Buyer will complete the inspections referenced in Paragraphs 7 and 8(@)(2) by__ Api. 17th 2004 (within 10 days from Effective Date if left blank) ("Inspection Perlod"); the wood-dsstraying organism Inspection by, . (prior to closing, If laft blank); and the walk-through {nspaction on the day before Closing Date-or any other time agreeable to the parties, 7..REAL PROPERTY DISCLOSURE: Seller represents that Seller does not know of any jacis that materially affect the value of ihe Property, Including violations of governmental laws, rules and regulations, other than those that Buyer can readily observe or that are known by or have been disclosed to Buyer. (a) Energy Efficiency: Buyer acknowledges receipt of tha Florida Bullding Enaray-Efficiancy Rating System brochure, If this | sa new home, the builder's FL-EPL card Is attached as an addendum. (b}) Radon Gas: Radon is a naturally occuring radioactive gas that~when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to’ it over time. Levels of radon that exceed federal and state guidelines have been found in bulldings In Florida, Additional information regarding radon and radon testing may be obtained from your county public health unit. Buyer may, within the Inspection Period, have an appropriately licensed person test the Property for radon. If the radon lavel exceeds acceptable EPA standards, Seller may choose to reduce the radon fevel to an acceptable EPA level, falling which alther party may cancel this Contract, (c) Fload Zone: Buyer Is advised to verify by survey, with the lender and with appropriate government agencies which flood zone the Property Is in, whethar flood insurance is required and what restrictions apply to improving the Property and rebuilding in the avent of casualty, {f the Property is In a Special Fload Hazard Area or Coastal High Hazard Area and the buildings are built below the minimum flood elevation, Buyer may cance! this Contract by delivering written notice to Seller within’20 days from Effective Date, falling which Buyer accepts the existing elevation of the bulldings and zone cesignation of the Property, (d) Homeowners’ Association: If membership in a hameowners' association is mandatory, an association disclosure summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same condition from Effective Date until closing, except for normal wear and tear (“maintenance requirement’) and repairs required by this Contract, Seller will provide access and ulllities for Buyer's Inspections, Buyer will repair all damages to the Property resulting from the inspections and return the Property to Its pre-inspection condition. If Seller is unable to complete required repairs or treatments. prior io closing, Seller will give Buyer a credit at closing for the cost of the repairs Seller was obligated to make. Seller will assign all assignable repair and treatment contracts to Buyer at closing. . (a) Warranty, Inspections.and Repair. (1) Warranty: Seller warrants that non-leased major appliances and heating, cooling, mechanical, electrical, security, sprinkler, septic and plumbing systems, seawall, dock and pool equipment, if any, are and will be maintained in working condition until closing; that the structures (including roofs) and pool, if any, are structurally sound and watertight; and that any open permits for the Property have been closed out and final inspections will be obtained before tha Closing Date. Seller does not warrant and is not required to repair cosmatic conditions, unless the cosmetic condition resuited from a defect in a warranted item. Seller is not obligated to bring any item into compliance with existing bullding cade ragulations unless necessary to repair a warranted item. “Working condition’ means operating in the manner in which the item was designed to operate and “cosmetic conditions” means aesthetic imperfactions that do not affect the Buyer (G74) Reis { DGand satter UE) (@eMacknowledge receipt of a copy of this page, which is Page 2 of 6 Pages, FAR-6 Rav. 10/00 ©2000 Florida Association of Rearons® All Rights Reserved This software is licensed to (Brenda MUS PRE ‘cae fidget orms . com. EXHIBIT # PAGE _. na OF. Fe , 4 . —} 18 working condition of the item, including pitted marcite; missing or torn screens other than missing pool. cage or scraen: 18 roam screens; fogged windows; tears, worn spots and discoloration of floor coverings/walipapers/window treatments; WW nall holes, scratches, dents, scrapes, chips and caulking in bathroom ceiling/walls/flooring/tlle/fixtures/mirrors; and rn minor cracks in floor tiles/windows/driveways/sidewalks/poo! decks/garage and patio floors. : 448 (2) Professional Inspection: Buyer may have warranted iterns inspected by a person who specializes in and holds an 120 occupational license (if required by law) io conduct home inspections or who holds a Florida license to repair and maintain 124 the items Inspected ("professional inspector’), Buyer must, within 5 days from the end of the inspection Period, deliver 422 written notice of any items that are not in the condition warranted and a copy of the Inspector's written report, if any, to 423 Seller. lf Buyer falls to deliver timely written notice, Buyer waives Seller's warranty and accepts the items listad in 424 subparagraph (a) in their “as is” conditions, except that Seller must meat the maintenance requirement. 425 (8) Repair: Seller is obligated only to make repairs necessary to bring warranted items into the condition warranted, up 126 to the Repair Limit. Seller may, within 5 days fram receipt of Buyer’s notice of items that are not In the condition . 197 warranted, have a second inspection made by a professional inspector and will report repair estimates to Buyer. If the 128 first and sacond inspection reporis differ and the parties cannot resolve the differences, Buyer and Seller together will 429 choose, and equally split the cost of, a third inspector, whose written report will be binding on the parties. If the cost to 130 repair warranted iterns equals or is lass than the Repalr Limit, Seller will have tha repairs made in a workmanika manner 131 by an appropriately Ilcansed person. If the cost to repair warranted Items exceeds the Repair Limit, alther party may 132 cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost to 193 Seller not exceeding the Repalr Limit and accapis the balance of the Property in its “as is" condition, 134 (b) Wood-Destroying Organisms: “Wood-destroying organism" means arthropod or plant life, including termites, powder-post 135. beatles, oldhouse borers and wood-decaying fungi, that damages or infests seasoned woad in a structure, excluding fences. 1e8 Buyer may, at Buyer's expense and prior to closing, have the Property inspected by a Florida-licensed pest control business to 137 determine the existance of past or presant wood-dcestroying organism infestation and damage caused by infestation, If the 138 inspactor finds evidence of infestation or damage, Buyer will daliver a copy of the inspector's written raport to Seller within 5... is@ days from the date of the inspection. Seller Is not obligated to treat the Property if all the following apply (}) thera is no visible live 140 Infestation, () the Property has previously bean treated, and (ji) Seller transfers a currant full treatment warranty to Buyer at 141 Closing, Otherwise, Seller will have 5 days from receipt of the inspector's report to have reported damage estimated by a 142 licensed bullding or general contractor and corrective treatment estimated by a licansed. pest control business. Seller will have 14a treatments and repairs made by an appropriately licensed person at Seller's expense up to the Termite Repair Limit, If the cost 444 _ to treat and repair the Property exceeds the Termite Repair Limit, either party may pay the excess, falling which either party may 148” cancel this Contract. if Buyer falls to timely daliver ihe inspector's written report, Buyer accepts the Property “as is" with regarc! 148 wood-destroying organism infestation and damage, subject to the maintenance requirement. 147 _(c) Walk-through Inspection: Buyer may walk through the Property solaly to varify that Seller has made repairs required .18 by thls Contract and has met contractual obligations. No other issues may be raised as a result of the walk-through 149 Inspection. If Buyer fails to conduct this inspection, Seller's repair and maintenance obligations will be daemad fulfilled. 160 9, RISK OF LOSS: If any portion of the Property is damaged by fire or other casualty before closing and can be restored within 181 45 days from the Closing Date to substantially the same condition as it was on Effective Date, Seller will, at Seller's expense. 182 restore the Property and the Closing Date will be extended accordingly. if the restoration cannot ba complatad In time, Buyer 163 May accept the Property “as is” with Seller assigning tha insurance procesds for the Property to Buyer at closing, falling which 184 either party may cancel this Contract. . 185 TITLE 136 10, TITLE: Seller wil convey marketable title to the Property by statutory warranty deed or trustee, personal representative or 157 guardian deed as appropriate to Seller's status, ; 158 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of racord in Seller in accordance with 182 Current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent residential 180. use of the Property: covenants, easements and restrictions of record; matters of plat; existing zoning and government 161 regulations; oll, gas and mineral rights of record if there is no right of antry; current taxes; mortgages that Buyer will assurne; and 482 encumbrances that Seller will discharge at or before closing. Seller will, prior to closing, deliver to Buyer Seller's cholce of one of 163 the following types of title evidence, which must be generally accepted in the county where the Property Is located (specify in 1s¢ Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dacla County. 185 (1) A title insur&nce commitment issued by a Florida-licensed title insurer in the amount of the purchase price and 168 subject only to title exceptions set forth in this Contract. 187 (2) An existing abstract of title from @ reputable and existing abstract firm (If firm is not existing, then abstract roust ba 73a £ “certified as correct by arr existliig fim) purporting to 66 an accurate synopsis of the instruments affecting title to tha 168 Property recorded in the public records of the county where the Property is lacated and certified to Effective Date. "470 However, if such an abstract Is not avaliable to Seller, then a prior owner’s title policy acceptable to the proposed 71 insurer as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format 172 acceptable to Buyer's closing agent from the policy efiective date and certified to Buyer or Buyer's closing agent, 473 together with copies of all documents recited in the prior policy and in the update. If a prior policy Is not available to “174 Seller then (1) above will be the title evidence. Title evidence will be delivared no later than 10 days before Closing Date. 178 (b) Title Examination: Buyer wil examine the title evidence and deliver written notice to Seller, within 5 days from receipt of i78 title evidence but no later than closing, of any defects that make the title unmarketable, Seller will have 30 days irom 17" Buyer ( GB, (4224 .and Seller PIR CEs ‘yacknowledge receipt of a copy of this page, which is Page 3 of 6 Pages. FAR-6 Rev. 10/00 ©2000 Florida Association of Rearoas® —_ All Rights Reserved SaPLAINT . MON Lo TAL ye bi " This software is licensed to (Brenda male ut ‘Wisner 'R alty) ww. dnstanet forms .com. ARHIBIT + G pAGE D — op rhivif [2_ PAE a Cos 8 ane | {he_contractual authority_on_which it is based. If the partles.agree to_use ciscovery,-ltwill-be-in-aceordanes-with-the— 225 6 —- . “I receipt of Buyer's notice of defects (“Curative Period") to cure the defects at Seller's axpsnse. If Seller cures the delecis within the Curative Period, Seller will deliver written notics to Buyer and the parties will closs the transaction on Closing Date or within 10 days from Buyer's recsipt of Seller's notice if Closing Date has passed. If Seller is unable to cure ‘the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt of Seller's notice, either cancel this Contract or accapt title with existing defects and close the transaction, (c} Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice io Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, encroachments by the Property's Improvements on other lands or dead restriction or zoning Violations. Any such encroachment or violation will be treatect in the same manner as a title defect and Buyer's and Seller’s obligations will be determined in accordance with subparagraph (b) above, if any part of the Property lies seaward of the coastal construction control line, Seller will provide Buyer with an affidavit or survey as required by law delineating the line's location on the property, unless Buyer waives this requirement in writing. MISCELLANEOUS 11. EFFECTIVE DATE; TIME: The “Effective Date” of this Contract is the date on which the last of the parties initials or signs the latest offer, Time is of the essence for all provisions of this Contract. All time periods will be computed in business days (a "business day" Is avery calendar day except Saturday, Sunday and national-legal holidays), If any deadline falls on.a Saturday; Sunday or national legal holiday, performance will be due the next business day, All time periods will end at 5:00 p.m. local time (meaning in the county where the Property is located) of the appropriate day. 12, NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will render that contingency null and void and the Contract will be construed as if the contingency did not exist. 18. COMPLETE AGREEMENT: This Contract Is the entire agreement between Buyer and Seller. Except for brokerage agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, cocuments referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be accepiable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms Inserted in or atiached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes Invalld or unenforceable, all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consant. The terms “Buyer,” “Seller," and "Broker" may be singular or plural. This Contract is binding on the helrs, administrators, exacutors, persorial representatives and assigns (if permitted) of Buyer, Seller and Broker. DEFAULT AND DISPUTE RESOLUTION 15. DEFAULT: (a) Seller Default If for any reason other than fallure of Seller to maka Seller's title markatable after diligent stiort, Seller jalls, refuses of naglects to perform thls Contract, Buyer may choose to receive a return of Buyer's deposit without waiving the right to seek damages or to seek specific performance as par Paragraph 16. Seller will also be liable to Broker for the full amount of the 2 brokerage fee, (b) Buyer Default: If Buyer falls to perform this Contract within the time specified, including timely payrnent of all Geposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated damages or to seek specific Performance as per Paragraph 16; and Broker will, upon demand, recsive 50% of all deposits paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee. 16, DISPUTE RESOLUTION: This Contract will be construed under Florida law, All controversias, claims and other matters in question arising out of or relating to this transaction or this Contract or its breach will be settled as follows: (a) Disputes conceming entitlement to deposits made and agreed to be made: Buyer and Seller wil have 30 days from the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent will submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order, (b) All other disputes; Buyer and Seller will have 30 days from the date a dispute arises between them to atternpt to resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not provided for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related disputes, Any disputes with a real estate licensee named in Paragraph 19 will be submitted to arbitration only if the licenses’s broker consents in writing | fo become a party to the proceeding. This clause will survive closing. (c) Mediation and Arbitration; Expenses: “Mediation” is a process in which parties attempt to resolve a dispute by submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association ("AAA") or other mediator agreed on by the parties, The parties will equally divide the mediation fee, if any. “Arbitration” is a process in which the parties resolve a dispute by a hearing before a neutral.person who decides the matter and whose dacision is bind yen on the parties. Arbiffation will be in accordance with the rules of the AAA or other arbitrator agreed on by the Buyer rays) and Seller D}-acknowledge recalpt of a copy of this page, which is Page 4 of 6 Pages. FAR-6 Rev 10/00 @2000 Florida Association of Rearors® All Rights Reserved c YE Ct MPLAINT This software is licensed to. [Brenda ma bhbblN Sabon! Bal GUMe instanetforms.com. EXHIBIT 4 pace orbit Bir Le pace £0. — — 237 parties, Each party to any arbitration will pay its own fees, costs and expenses, including attornays’ foes, and wilt equally : ara split the arbitrators’ fees and administrative fees of arbitration, 238 ESCROW AGENT AND BROKER a 240 17, ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receivé, deposit and hold funds and other items in escrow and, 241 subject to clearance, disburse them upon proper authorization and in accordance with the terms of this Contract, including . 2e2 disbursing brokerage fess. The parties agree that Escrow Agent wil not be liable to any person for misdelivery of escrowed itams:to 243 Buyer or Seller, unless the misdelivery is dus to Escrow Agent's wilful breach of this Contract or gross negligence, If Escrow Agent 244 interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover : 245 reasonable attorneys’ fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court costs in 248 favor of the prevailing party, All claims against Escrow Agent will ba arbitrated, so long as Escrow Agent consents to arbitrate. 247 18. PROFESSIONAL ADVICE: BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that 248 are important to them and to consult an ‘appropriate professional for legal advice (for example, interpreting contracts, 249 determining the affect of laws on the Proparty and transaction, status of title, foreign Investor reporting requiraments, etc.) and 250 for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not reside In the 251 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public racorcis 252 unless Broker indicates personal verification of tha representation. Buyer agrees to raly solely on Seller, professional inspectors 283 and governmental agencies for verification of the Property condition, square footage and facis that materially affect Property, ° 284 value, Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys’ fees at all levels, incurred by , 268 Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's or Seller's misstatement 288 of fallure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker's officers, directors, 287 agents and employees from all lability for loss or damage based on (1) Buyer's or Seller's misstatement or fallure to perform 258 contractual obligations; (2) Broker's performanca, at Buyer’s and/or Seller's request, of any task bayond the scope of services 282 requiated by Chapter 475, F.S., as amended, Including Broker's referral, recommendation or retention of any vendor; (3) products 280 or services provided by any vendor, and (4) expanses Incurred by any vendor, Buyer and Seller sach assume full responsibility for 281 sslecting’and compensating their respective vendors, This paragraph will not relleve Broker of statutory obligations, For Purposes 222 of this paregraph, Broker will be treated as 4 party to thls Contract, This paragraph will survive closing, 282 19, BROKERS: The licansee(s) and brokerage(s) named below are collectively raferred to as “Broker.” Seller and Buyer 224 acknowledge that the brokerage(s) named below are the procuring cause of this transaction, Instruction to Closing Agent: Seller 268 and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate brokerage | 288 agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such fees from the 287 escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated below. - 28a" : Gordon Harper Brenda W. Richter 269 Real Estate Licensee Fieal Estate Licensee 270 Gordon Harper Realty, Inc. Waoner Realty 271° Broker / Brokerage fee: ($ or % of Purchase Price) 3% Broker / Brokerage fea; (8 or 9 of Purchase Price) 3% are ara - ADDENDA AND ADDITIONAL TERMS 274 20, ADDENDA: The following additional terms are Included in addenda and Incorporated into this Contract (check if applicable): 27s" LI A, Condo. Assn. LG. New Mort. Rates LM. Housing Older Persons LS; Sale of Buyer's Property 276 LIB, Homeowners’ Assn, LH. As Is w/Right to Inspect UN. Unimproved/Ag. Prop. UT. Rezoning 277 11 C, Seller Financing |. SelfInspections OO, Interest-Bearing Account OU, Assignment 276° 2D. Mort. Assumption QJ. Insulation Disclosure OP, Back-up Contract & V, Prop. Disclosure Stmt, 27a CE, FHA Financing OK, Pre-1978 Housing Stmi. (BP) O Q, Broker - Pars, Int.in Prop, Other 280" OF VA Financing OL, Flood insurance Reqd. = = YR. Rentals Q Other 2st" 21, ADDITIONAL TERMS: aso Seller to-pay~up—to—$2,500-0f Buyers eLosing—costse- 263" * 224" : 258" . 236" 237" +Beer ager 200" 221" Buyer CH (PA) and Seller ( Whoo () (Gus x(Lacknowledge receipt of a copy of this page, which is Page 5 of 6 Pages. FAR-6 Rev, 10/00 ©2000 Florida Association of Reators® — All Rights Reserved This software is licensed to [Brenda ADMINISTRET Ver Jey} APL Adednettorns. com. EXHIBIT T #2, pemrner__t f = PAGES _(_ OF fem 37 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. 518 OFFER AND ACCEPTANCE 219" (Check if applicable; 0 Buyer received a written real property disclosure statement from Seller bafore making this Offer) sco Buyer offers to purchase the Proparty on the above terms and conditions. Unless this Contract is signed by Seller and a copy coe 22i* delivered to Buyer no later than__ 5:00 Ol am.@ &. m, on April 7th 2004 _, this offer will be ravoked zea and Buyer's deposit refunded subject to Eee y , sea Date: ! Buyer: Tax ID/SSN: _388-se-2065 924" Print name; : sas Date: Buyer: Tax ID/SSN: __605-20-7374 326" : Print name: cz Phone: Address: seat Fax: ~ as0" Date: ~ 6 oY Seller: AS : so" Print name: Paul gd. Richter sar Date: _- = be -6Y Seller: Brae UAT Kieth Tax ID/SSN: Se2* Print name: Brenda W. Richter scar Phone: Address: godt Fax: seer 41 Seller counters Buyer's offer (to accept the counter offer Buyer must signc orn the counter offered ems and-dalvececopy 36" Of of the accaptance to Seller by 5:00 p.m, on — }.Q Seller rejects Buyer's offer. led acceptance of the finat offe oT Ya yj o ; .2se" Buyer CE (67 Gand Seller (f ia (SaMecknowledge receipt of a copy of this page, which is Page 6 of 6 Pages. The Florida Association of Reaiyors and local Board/Assoclation of Realtors make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used In complex transactions or with extensive ridars or additions. ‘This torm is available for use by the entire real estate industry and fs not intended to Identify the user as a REALTOR. REALTOR Is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of Reactors and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Coda) forbid the unauthorized reproduction of blank forms by any means Including jacsimile or computerized tomes. FAR-G Rev. 10/00 ©2000 Florida Association of Reatvors® —Alll Rights Reserved This software is licensed to [Brenda ABMS Teens eSB BRA aacesore, com. Nikire) EXHIBIT # ( 2. PAGE. 1.[] FHA 2.[] FmHA 3. [X] Conv, Unins, 6. File Number: . 7. Loan Number: ALVA 5.11 Conv. Ins. 04-2410 0083852061 EA Morigage Ins: Ciige: NOTE: This fara furlhe 9 give aun atateteent wf actual werent eas. Around wah The etter agen are abn, lies matked POC were paid outube the cling: she are ahawa here for Informa rom. col ercbuvea fo ttre toils, D. NAME AND ADDRESS OF BORROWER/BUYER: CHRISTOPHER 3. KLEMP 3204 East 60th Street Palmetto, FL 34211 DIONNE L, KLEMP 3204 East 60th Street Palmetto, FL 34211 E, NAME AND ADDRESS OF SELLER: PAULJ. RICHTER £811 7th Street West Palmetto, FL 34221 BRENDA W. RICHTER 1811 7th Street West Palmetto, FL 34221 F. NAME AND ADDRESS OF LENDER: . Greenpoint Mortgage Funding, Inc, 1800 Pembroke Drive, Suite 190 Orlando, FL 32810 G. PROPERTY LOCATION (Brief Legal): Lot 6 PALM VIEW GARDENS, UNIT 1 2204 60th Street East Palmetto, FL_34221 H, SETTLEMENT AGENT: PLACE OF SETTLEMENT: John W. Persse, Attorney at Low, Chartered 941-366-7589 Contact; 1800 Second Street, Suite 757 Sarasota, FL. 34236 I, SETTLEMENT DATE: . DISBURSEMENT DATE: : 04/28/2004 04/28/2008 J. SUMMARY OF BORROWER(S) TRANSACTION K. SUMMARY OF SELLER(S) TRANSACTION : 100, GROSS AMOUNT DUE FROM BORROWER! 400, GROSS AMOUNT DUE TO SELLER : 101, Contract soles price 195,000.00 102, Personal Property 103. Settlement charges to borrower (line 1400) fOe, 105. Adjustments for items paid by Seller in udvance 106, City/town taxes ( 107. County taxes 108. Assessments 401. Contract sales price 195,000.00 402, Personal Propert : 5,892.52 | 403, Adjustments for items paid by Seller in advance 406, Cityhown taxes 407, County tnxes 408. Assessments 109, 409, 110. 410. : Wi. au. . : : 2. 4l2, 12(), Gross Amount Due From Borrower 200,892.52 | 420. Gross Amount Due Seller (209. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500, REDUCTIONS IN AMOUNT DUE TO SELLER + 195,000.00 | 201, Deposit of camest mone: 5,000.00 | 501, Excess deposit (see instructions) S 202. Principal amaunt of new lonn(s) 156,000.00 | 502. Settlement charges ta seller (line 1400) 13,187.00} : : 203. Existing loun(s) taken subject to 503. Existing loan(s) taken subject to r 204. 2nd Mortgage Proceeds 28,619.90} 504, Payoff of first mortenge loan #14 14792737 92,014.00) | « 505, Payoff of second mongoge toon wea | [sos tt t—“‘“CS;*SCSC*C;*;C;C;C‘*zC [507 208. 209. Adjustments for items unpaid by Seller In advance 210, City/town taxes _ Citytown taxes : 4 211, County taxes 01/01/2004 to 04/28/2004 579.77 | 511. County taxes 01/01/2004 to 04/28/2004 579.77] : Assessments S12, Assessments 513. Closing Cost Credit per Contract 2,500,00 | 216. 516. 217. il. 218. $18. . I | 219. 51. 220. Totul Paid By/For Borrower 192,695.67 | 520. Tota! Reduction Amount Due Seller 108,2R0.77 300. CASH AT SETTLEMENT FROM/TO BORROWER + 600," CASH AT SETTLEMENT TO/FROM SELLER + 301 Gross Amountdue from-borrower-(line_120}—————]—200,892.,.52-}-60 1 Gross-amount-due-to-seller-(line-420)——————— | 19 5.000105 302. Less umounts paid by/or borrower (lins 220) 192,695.67 | 602, Less reductions in amt. due seller (line 520) 408,280.77 |" 303. Cash (X)From_{ ]To- Borrower 9,196.85 | 603, Cash (X]To [ JFrom Seller | 86,719.23 SUBSTITUTION FORM 1099 SELLER STATEMENT: The information conlained In Stocks E,G,H and fon ling 401 {or If 401 is astersked, ling 403 and 404).I5 impenant tax information and is balng {umished to the Internal Revenue Service, If you ara required to file @ return, a negligence penalty of other sanction will be ” Imposed on you lt this Item is required to be reported and the {AS determines that It has not been reported. . SELLER, you are required by law to provide tha sattlement agent wilh your Correct taxpayer Identification number. If you do not provide the settlement agant with your correct taxpayer Identification number, you may ba subject to civil or criminal penailies imposed by law. . Under penaliies of perjury, | certify that the number shown on this statement is my correc! taxpayer (dentificatlon number. cape Pash wA| Rehr uC. Ld) eet, ese DRE COMPLAINT . ; EXHIBIT 4b rg PACE. SF Seas: 2 | fold! siles/Broker's Commission based on price * Pale froin + Borrower's 701. Listing Realtor Commission $195,000.00 @ 3 % = 55,850.00 To: Wagner Realty Fands at Funds at 702, Selling Realtor Commission $195,000.00 @ 3% = $5,850.00 To: Gordon Hamper Realty, Inc. Settlement Setilement’ 703, Commission paid at Scitiement 14.700.00° 704, i §00, ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Lonn Origination Fee 802, Loan Discount _f : Z | 823: Appraisal Fee To: Peachtree Appraisals 300.00 2 804. Credit Repant _ a [ 805. Yield Spread Premium paid by Lender $1755-POC to Dollar Really & Mongage a 806. Funding Fee To: Greenpoint Mortznee Funding, Inc, i %0.00/ ah 807. Tax Service Fee_To: Greenpoint Mortgage Funding, Inc, 81.00 coe 808. Process/Admin Fee To: Dollar Realty & Mortgage 510.00 : ian 809. Flood Certification Fee To: Greenpoint Mortgage Funding, Inc. 20.00] { 810, Underwriting fee To: Greenpoint Martznge Funding, Inc, 900, ITEMS REQUIRED BY LENDER TO RE PAID IN ADVANCE : 90). Interest from 04/28/2004 to 05/01/2004 @ 19.23/day To: Greenpoint Mongace Funding, Ine, 37.69. . 902. Mortgnpe Insurance Premium | me es Hazard Insurance Premium To: Teacher's Insurance Company : 911,00 : 904 Flood Insurance Premium a 505. 100C, RESERVES DEPOSITED WITH LENDER 1901. Hazard insurance 3 months @ 75,92 per month To: Greenpoint Mortenge Funding, Inc. [iooe, Mortgoge Insurance 1003, City property taxes : [Hoo County property taxes & months @ 149,69 per month ‘To: Greenpoint Mortgage Funding, Inc. 1,197.51 1005. Annunl assessments |.1006, Flood Insurance —} 1007. _ 1008, Aggrezme Accounting Adjustment To: Greenpoint Mortuage Funding, Inc. : 531.43 1100, TITLE CHARGES HOI. Settlement or clasing fee To: John W. Persse, Attorney ut Law, Chartered 1102. Abstract or title seurch To: American Pioneer Title insurance Compsny 1403. Title examination To: John W. Persse, Attorney at Law, Chartered 1104. Title insurance binder 4105. Document preparation 1106, Notary Fees 1107. Attorney's Fees (Includes above item numbers: ) JOE. Title Insurance To: John W, Persie, Attorney at Law, Chartered 1,075.00 (Includes above item numbers: ) : 250.00 | 1109. Lender's coverage! 56,000.00 @ 855,00 \_ VH10. Owner's coverage! 95,000.00 @ 220,00 Hit. Form 9 To: John W. Persse, Attorney at Law, Chartered aT 1112.__Alta Form 6 - Varinble Rate Mig Alin Form 8.1 EPA ‘To: John W. Persse, Attorney at Law, Churiered 30.00 1113. Overnight Courier & Handling Fees To: John W. Persse, Attorney at Law, Churtered 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 3201, Recording fees: Deed $6.00 Mortgage $73.50 To: Clerk of the Court 1202, City/county tax/stamps:__ Moriguge $312.00 Ta: Clerk of the Court al inte tax/stamps: Deed $1,365.00 Mortgage $546,00 To: Clerk of the Court, 1,365.00 1204. Record Notice of Termination To: Clerk of the Court 15.00)": 1205. Record Affidavit To: Clerk of the Court 6.00 1206. Record Satisfaction of Monguve To: Clerk of the Court 1300, ADDITIONAL SETTLEMENT CHARGES 1301. Survey To: Florida Coast Surveying 1302, Pest inspection To: Haskell Termlte & Pest Control, Inc. 1303, 1400. Tota! Settiement Charnes (enter on lines 103, Section J ond 502, Section K) [592.527 isau7.00] 2 ry 0-1 Settlement Statement and to the bes of my knowledge and belief, itis a true and accurate statement of all receipts and disbursements made on my paction Wtupherceniy that | have received a copy of HUO-1 Setllemant Stat i D J Poo. : f - PAUL J. RICHTER . sh ae) Teese. B (A W. RICHTER. Say ‘ment Statement which yhave prepared Is a ive and accurate accaunl of this transactlany | have 2, ‘or will case the funds to be disbursed Jn accordance with this 2 10) Date i . . BBN prorated based on faxes for the year. Any ‘ecprpration i be panied’ bales {hafta seiler, All utility bils (water, sewer, electric, cable ang malntensnss paid or wit be pal won receipe rata TANS | AVL TY bo : ; ; a Itls a crime to knowingly make falsa/stalements-1o iene’ Stales on this or any other similar form, Penalties upon éonviction can Include a fine or Imprisonment, For delalls U.S. Code Section 1001 and Section 1010, EXHIBIT "Z OF ExvieiT____/ 2 PAGE SG. aay “poke “using?” rt : € se i emeenn a emmnceemtiin . Prepored By and RETURN TO; John W, Persse, Attorney at Law, Chartered. 1800 Secand Street, Suite 757 Sarasatu, FL 34236 incidental to the issuance of a title inserance policy, File Number: 04-2410 Pareel ID #: 7117,0000/5 WARRANTY DEED : (INDIVIDUAL) This WARRANTY DEED, dated 04/28/2004 by PAUL J, RICHTER and BRENDA W, RICHTER, husband and wife, whose post office address is 1811 7th Street West, Palmetto, FL 34221, hereinafter called the GRANTOR, to CHRISTOPHER J, KLEMP and DIONNE L, KLEMP, husband and wife, whose post office address is 3204 60th Street East, Palmetto, FL 34221 hereinafter called the GRANTEE: (Wherever used herein the terms "Grantor" and “Grantee” shit include ult parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors nnd assigns of corporations.) WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the GRANTEE, all that certain land situate in MANATEE County, FL, viz: Lot 6, PALM VIEW GARDENS, UNIT 1, according to the plat thereof recorded in Plat Book 12, Page 22, of the Public Records of MANATEE County, Fiorids. SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and assessments for the yeat 2004 and subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental authorities, if any. y . TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever, AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, the GRANTOR is lawfully seized of said lund in fee simple; that the GRANTOR has good, right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants the title to said land and will defend the same against the awful claims of all. ey persons whomsoever, “ibe IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above. SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES: SS PAUL J. RICHTER ‘ nee we td aS (27d Witness signature _ BRENDA W. RICHTER \Print Name: LA / : ‘Presse . STATEOF = Florids ‘ COUNFY-OF—Sarasotir THE FOREGOING INSTRUMENT was acknowledged before me this of-2 §- olf by PAUL J. RICHTER and BRENDA W. RICHTER who is/are personally known to me or who has/have produced Dewees ¢,cenrtess as identification. (SEAL) whe Rok (feo Public Print Name: Commission No.: Commission Expire ADMINISTRATIVE COMPLAINT XHIBIT # " ¥ 3 te a § 8 ale UA am ee Sas ener ie i . Tho following attached ams are excluded from the-purchasa: - w e te Tt aM i oy a ccd ae a a ” Fe Fe Es) ro ay : a> ra) a aa ay ae 43 At ne a oe ter oe aye i. SALE AND PURCHASE: eee ee Salter) and seam j (“Buyor’) Glin Wh Dt ne: OST OD togalhor with ail Imprevaments ane attached tems, Including fixuras, bulltsin fumishings, built-in appilanees, ceiling tans, ight ixtlros, attached walleto-wall carpating, mes, Graporios and olher windaw coverings, Tha only olhar tems includiad i ihe ” purshese ere; ‘Tha real and parsonal propany described above as Included! In tha purchase Is refered io as the "Property." Porsonal praporty liste] {n tls Contract ly Incluelad in the purehage price, hos na Contibunory valuo and ts being Sree ple psapnonce. aT dG Ly i ality mee ees ot finde CD PRICEAND FINANCING §77,,, AQ! Seu vole 2, PURCHASE PRICE: ° 8 . OO tee payable by Buyer in .S. currancy as follows: (a) & LO). O° — Dapesit niceived (chacks.are act In clsarance} ' - for SF wee (ESCrOW Agent’) S900” q , ()$_ 2272, Addillonaldapositte be mado by _ 2? from Gifactive Oate, : te) 9 FL. (e) So meee neem ON Sr reer srpeermenr rere (0) 8___ fae fe a C2. Baanea to close (not including Buyer's closing costs, propald ams and prorations), All furics pasei . al cloning musi bo pald by locally drawn cashier check, official bunts check, ar wired funeis, 3. FINANCING: (Chock as appicabls) Cite) Buyor witl ey cash for the Propery with no financing cantingoney, i , (5) This Contract Is centngent on Buyar quattyng for and obtelning (1) andlor (2) balow (the “Froneing’) by fee 5 caren {lf lal blank then Claring Date or within 30 days tram Elective Dale, whichever acctirs firs) ("Financing Parc (210)A commitment fav new conventional PHALIVA fnaneing torS or, P94 at tha purchase prloe fale any oppicable PMI, MIP, VA {undlng tee) at tha provaling Inletast rate and loan costa fl FHA or VA, soo attached acklenclum), CX2) Approval tor Sailer financing Oressumption of morgage (see attochad addendum). : Buyor will apply for Financing within ——e days from Effoctve Dato (5 days If lott blank) end wil timely provide any and all credit, omplsyment, fnanclat and other nformalion required by the lander Glthar pany ray cancal this Contreet if (1) Buyar, after ualng diigence and good faith, cannot obtah the Finanelng within the Financing Ported or cannot Meat the tarms of tho cammiiment by tha Closing. Date, er (1) tha Financing is denied bocauss the Property appralses below ihe purchasa prise and olther Buyor eects fal Iv proceed or the parties aro unabis 10 renegotiate the purchase pres, Upon canealiatn, Buyer wil relum all Sellar-previded ile guidance, surveys and ucceelatlon documents and Buyer's depostt{s) will bo raturmed ater Escrow Agent rocolves propor authervation from all Inlerantod parties, by | CLOSING . Se Perro enya - 4. CLOSING DATE; OCCUPANCY: This Contact will ba closad and the deed and passassion dalverod an renee - (Closing Date’), unless extendod by other provisions of this Contract, The Property wil ba Swont clan and Seller's parsonal toms mmeved on or betore Closing Date, if en Clasing Date Insurance Undonwriting Is suspended, Buyarmay Postpone clasing up ts 5 days aflar the incurance supponsion is tiled, ; . 45, CLOSING PROCEDURE: COSTS: Cloulng wil take placa In the county where tho Propany is located and may ke conducted by coetronis means, # utle insurance insures Buyar for Ua detects ansing belweon the qa bincor effective data and recording ot Buyer's dood, closing agont wil dlsbuirae at closing tha net sale procesels 10 Sollor and brakerage faea.te-Braker-ns-per-Parsgragis--——-————— 2 8-ln-addition to othar oxpanses providety ing Ceniract, Sellar and Buyar wil pay (ho ests Indicated belaw, {a} Seller Costs: Sellar will pay taxes and curaxas on tho deed end rocerling fees for decumants needed! ta cura Iltios certified, cenfimed and ratified spocial assesomont lang and, lt an Improvement Is substantlaly completed os of Effective Data, an Amount oqual to the lont estimate of the assesamonh Up lo = (1,596 It left blank) of the purchase orico for repaks ra warrentod Hams (“Ropalr Limit}; and up to a (1.596 Hf Iote blank) of tha Purchase priee for woededestroylng Organic treatment. apnins (Termite Ri ale Lit”): Other, : ae (iy ‘S\ B er( Soy Jand Sollor A UH \acknewledgo racalat ofa of this , which Is Page 1 of 6 Pages, ate Rew 1000 = E2000 Fledda Assocluiin et Peateas Til Algris Pesorsoa poe 5 9 ADMINISTRATIVE COMPLAINT EXHIBIT {2. PAGE S 6 EXHIBIT #L_______ PAGE {OF x FHYASFR AAAS SRILBPARTPRSREIS SSERPERVRARRURARE BRAS {b) Buyer Costs: Buyer will poy taxes and racording fees on noles and mortgages: rocemling tage on the deed and dinning statemonts; loan exponsos; pending special assessment liens; tondor's title palley; Inspections; survay; food Insurance; Othort ° . ‘ . {c) Tite Evidence and Insurance: Cheek (1) ar (2); yaw Seller will previda @ Paragraph 1Q{u}(1) ewnor's tits Insurance commitment as illo ovidonea, CSaller, Buyer will select the ulle agent. 2 Soller [2 Buyor will pay for tha owner's We policy, sonrch, oxamination and réiaied chargan, Each party will puy its own claging faes, ; . 1 (2) Soller will provicia ttl evidence as specified in Paragmph 10(a)(2), Clseller ClBuyer wit pay lor the owner's title policy and select the title agent, Seller will pay focs for ttle seanshes prior 10 claulng, Including te search and lari search fees, and Buyer wil! pay fees for litle soareches attar closing {Il any), tlle examination loos ond closing faes, (d) Prorations: The (allowing llama wil bo made current (It applicable) and prorated as at tha day bafora Closing Dale; sett ealale texas, Intorest, bonds, assesemante, assaclation fees, Insurance, rants and ether currant expanses and revenues ot tha Prepery, If taxas and assessments for the currenl yosr cannot be catarminad, the previous year's ratos will ba used with, adjustment ior axemplans and Impraveronts, Buyor is raspensiila for properly tax Increases duo to change In ownership. (8) Tax Withholding: Buyer and Salter wil comply with the Foralgn Investment in Roa! Proporly Tax Act, which may raquice Seller to provide additlonal cash of clgsing It Salter ls a Yorelgn person” ce dollnod by tadaral law, . t) Home Woranty:) Buyer SallerRJN/A wil pay fora home warranty plan lesued by ars cost not to exepad $A Home warranty plan provides {or ropalr or-replacemant of many of a homo's meshantcal eysteme and mejor bulltln appllances in tho ovent ot brookeown cue to normal weer and (eer during tho ograament period. . PROPERTY CONDITION . ; 8, INSPECTION PERIODS; Buyer wil carnplata the Inspections ralerencod In Poragraphs 7 ane! Bfa)(2) by. _ Bf woccmen (Within 10 days trom EXeetive Date If laft blank) (inspection Parlod"}; the waod-destreying orgunism inspection by ne ence! eomeccnemes (PHO to closing, If lell blank): ond the walkethrough inspection on the day belera Glasing Date or any othar {me agreeable to tha partes, = i 7. ARAL PROPERTY DISCLOSURE: Seller represents that Seller dons not know of any facts thar mate fat Ihe valuo ot tho Proporty, insluding vielations of gevarnmental taws, rules and rogulatlons, other than those that Buyer con roadlly olsserve or that are, known by or have been disclased to Buyer, . ne (2) Energy Etficlancy: Boyerweltnowedrpnmecalnt cl bo Borda Bdlding- Gaon Shiclaneealiiy syatorebeehura, ff this is a naw home, the builder's Fle, card lu uttachod as on addendum. {o) Raden Ges; Raden ts 0 naturally eceurring radleactive gas that, when It has accumulated in a building In subiciont quantities, may progent health riskc te parsens who éra exposed to It over tlmo, Levels of radon ihat axcaed fodoral one state guidlines have been found In bulldings In Florida, Addillonal information ragareling radan and radon tosting may be ebtalnad from your county public haallh uni, Buyer may, within the inspection Perlad, have en appropriately lleansad person _ Tast the Propary ter radon, If the radon level exeecds accopmibble EPA stanclards, Sallar may choous Io reduce the radan laval to en acceplable EPA level, falling which olthor party may eaneal this Cantract, {c) Flood Zone: Buyer is advised to varily by survey, With the lander and wilh approprlaia government aganclea whieh (lod zone the Proporty Ic In, whather feed Insurance Is required and what restriclions apply to Impreving tha Properly end rebuliding Jn the event ot cagvalty, It tha Property is in a Special Flood Hazard Arca or Ooastal High Hazard Areg and the buldings are built balaw the minimum flood alevatlon, Buyer may eancal this Contract by delivering wilttan nollee to Sellor within 20 daya from Stectiva Date, falling which Buyer accepts the exdsling slavation af the bulldings anc zone designation of tha Property. (d) Homeawners' Association: It momborship In a homeowners’ assoclaiton Is mandatory, an assocladon doclasure summary ls altachod ond Incorperated Inte this Gantract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL SUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY, . 8. MAINTENANCE, INSPECTIONS AND REPAIR: Sallor will keep tha Propenty In the sams condilon trem ENectlve Cate unt lasing, except Ipr normal wenr and toar (*maintenanca requirement’) and repairs requimel by this Contract, Sallar will provide Sereas and ulllilios for Buyor's Inspoctians, Buyer will repalr all damages io the Property rosutling tram the Inapections and roturn the Property to its pra-Incpestion condition. # Seller is unable to camploto required rapalrs ar reaimanis priar to loging, Seller wit give Buyer 4 credit at closing for the cast of the ropalrs Saller was obligated to make, Sallor will aselgn ail assignable rapalr and treatment canlracis to Buyar ot closing, : - ‘(a) Warranty, inspeetlons and Ropain . (1) Warranty; Soller warrants that nonlaasad major appliances and honting, cooling, mechanteal, electrical, nocurity, 510 a na na sprinkler, septic anc plumbing systems, seawall, dock and pool equiomont, It any, arg.and_willbe.malniained-tp_work|qe-———___ condor untl closiig; that die structures (including rools) and pool, It any, ara etructurally sound and watortight; and that any open parmits for (he Properly have boon clasod out ond final Inspactions will be abisinad betere tha Closing Date, Seller does not warrant ond Is not requirad to ropalr secmatie conditions, unlass tho coamotle sendition resulted fram 6 dofoct [no warranted lam, Sollar ts net ebligated 16 bring any Item Into compliance with axlsting bullding coco regulations unless necessary ta repair a warrented ltem. “Working condition" moans operating In the manner in whieh tha fam weraganps to operate and “cosmatle candiliana” moans oocthatle impartactions that do not attaer the auyertec_{ VETER a Buyer (ae) and Sellar’ acknowledge receipt of 3 copy al this paga, wiveh Is Page 2 of 6 Pugos, Al Rights Recoved FARG. Rov, 10/00 A000 Florida Assoclallixrat Rewiors® ADMINISTRATIVE COMPLAINT , EXHIBIT #2 __y-— ex i7 [2 pace 2 of_ 2 PAGE ST We us Ve fd 6 citia warsing condition ef the Item, including: piilod marclta: missing or tem cerpans olhar than missing peal cage or seragn room screens; tagged windows; tears, wom spots and discoloration ot lear covarings/wallpapore/windeaw traatmants! nail holes, seratches, donta, serapas, chips and caulking in. bathraom caliing/walls/fooring/tiaAixturss/mirrars: and miner cracks In diner Uleswincows/driveways/s\dewalke/poo} docks/garage and patle fleart, (2) Professional Inspection: Buyar may have warranted lame Inspesied by a farsan who epectallzas in and holds an occupational license (il raquired by law) to conduct hama Inspoetlons or who holds a Florida lleanse to mopar ane mointaln the lroms Inspected (‘profenslonal Inspector’), Buyar must, within & days tram the end af tha Inspection Potlod, daliver writtan notice of any ttams that ara net in tho condldon woranted and a eepy of tho inspector's writen rapon, If eny, to Seller, If Buyer falls lo deliver timaly writen nollea, Buyar walvos Seller's warranty and oseapts tho itoms lisiad In subparagraptt (a) In thalr “as ls" conditions, axcent that Saller must neat the maintenance requirement, {3} Ropair: Selior is obligatad only to make ropalrs necessary to bring warranted llams into. the cancltion warranted, up lo the Flepalr Limit, Sellar may, within 5 days trom recolpt of Buyer's notice of lloms thal aro net In the eandition warranted, have a second Inspection mada by & profosslonal Inspocter and will report pale ostimates to Buyer. If tho first and socond Inspoetion reports difar and the partes cannot resolve the ditferances, Buyor and Sellar togethar will choosa, and equally salt the cost af, a third Inspector, whosa written. report will be binding on the panties, If tha eost to ropalr warranted Items equals or is lass than tho Repalr Limit, Saller will have the repairs made Ino workmanike manner by an appropriately lieensod parson, If iho cost to ropolr warrantod {rams exeeods tha Repulr Limit, elthor pany mey cancal [his Contract unless alther purty pays the axeass or Buyor designates whieh rapalrs to make ot a total cont te Seller not exceeding tha Rapalr Limit ane! accepts the balance of the Proparty In its "as Is” cendition, {(b) Wend-Destreying Organisms: “Woodldestroying organiom" means arthroped or plant Elo, ineluding tornitas, powelarpest boollas, oldhause berers and wood-decaying tung], that damages or Inlests ssasoned wooed In a structure, excluding tances, Buyer may, at Buyer's expense and prior lo closing, have the Property Inspactad by u Fleridaelicannedt Past conira! business to determine the existance of past er preaont woed-destraying orgenism Infestation ane damage caused by Inlastation, It the Inspector tins evidence st infestallon er tamaga, Buyer wil doliver a eapy of Ihe Inspectors writen raport to Seller within 5 days trom tha date ol the Inspecilon, Seller ls not oblgatad to toat the Property if all the folawing apply (1) thera fp no viefole lve Intoctation, (I) tha Property has previously been treated, and (i) Seller lansters @ current tull realmant warranly to Buyer at tlosing, Oihorwlee, Seller will have 5 daye trom racelpt of tha Inspector's report lo have reportad damage ostimated by 3 fsansed bufiding ar genoral eontvacior and earraciive troatment eullmated by a IIconsad peal contro! businass, Seller wil hava treulmonte and repuks mada by an oppropriately llconsadd parson at Seller's exponse up lo tho Tarmits Aewalr Umit, It tha cast {a troat and repair {ho Properly oxeeads tha Tamita Fepatr Umit, slthar pany may pay ihe oxeesa, falling whieh elthar party may eancol this Conimnet, it Suysr falls to timely delvor the Inspectors writen repert, Buyer aecopts the Property “as Is" with regard! fa woodsdesiroying erganiom Infestation and damage, subject to the maintenance requirement, ‘{e) Walk-through Inspeetion: Buyer may walk through the Properly colaly ta vority that Sellor has made ropalrs roquiract by this Contract and has mat contractual obligations. No othor issues may be ralsed os a regull ol the walk-thraugh ingpoation, It Buyer talls to conduct {is Inspection, Seller's ropalr and malntonance cbligations will be deemed {ulfillad, 8, RISK OF LOSS: It any porilon ot tha Properly Is damaged by ire or olhor casualty belora slasing and can be restored wlthin 415 clays from tho Closing Date to subslsntlally tha same condition 88 It was on Bllectiva Rate, Sellar wil, at Sollar'’s exponco, femere the Proporty and tho Clasing ate wil be extandod! accordingly, it tha restoration cannel be completed In tne, Buyar may eecopt the Property “os Is" with Sellar assigning tha Insurance proceeds far tho Propany lo Buyer at closing, falling which either party may cancol this Contract, : TIME 10, TITLE: Sellor wil convey marketable title te tha Property by stalulory warranty dood ar trusias, personal mprasentatha ep guardian dood as appropriate to Seller's status. . , (8) Title Evidence: Tile ovidence wll show legal access to the Properly ancl markatatla tila of racord In Seller in accardanea with curront tite gtandards adopted by the Florida Ber, nublect only lo the folowing lille exegplans, none ef which prevent rasidentlal usa of tha Preparty: covenants, sasaments and restricllons of racard; matters of plat; existing zaning and government Taguiations; of, gas and minoral rights ef reserd If thara ls ne night of entry; current taxogt mortgages that Buyer will assume} and encumbraneas that Seller wil dlachargo at or before closing, Seller wil, prier to cloaig, deliver ta Suyer Saller's. chalice of ona of tha lollewing types of tila evidenco, whieh must bo generally decopted in the county where the Properly Is logated (epacity tn Paragraph 8(¢) the solasied type), Sallar will use sation (1)in Palm Beach County and epilen (2) In Mlam)Dade Gaunty. (1) A tlle Insurance commitment Isuued by a Florde-licansed Wile Inaurar in the amount of the purchase price and subject only ta tile exceptions sel. forth in this Contract, . (2) An existing abstract of ttle from a reputable and existing abstract tlm (it frm Is not existing, than abstract rust bs cortifiad as gorract by an exlsling fim) purporting to be an accurate synopels of tha instruments afieeting ile to the Property rocerdad In {ho public raeords of tha county where tho Propany {3 locatad and cortiied to Eteetva Dale, However, f-such on abstract Is not avallable ta Saller, then a prior. ownor's tItle_pallcy accaplable-te-the-propesad: ty —Insureras a babe tar rolsauance of cavorage, Seller wil pay for copies of all policy exceptions and an update In @ farmat acceptable to Buyer's cloving agent fram tho policy alfeciive date and cartifiad 10 Buyer or Buyer's clasing agent, fogothar with copies of all documonts racltad In tho prier policy and in the Update, Ifa prior polley is net avallable to Seller thon (1) abeva will be the ttle avidonee, Title avidenea will be dollvarad no tuter than 10 cays before Olesing Data, (b) Tide Examination: Buyer will examiria the tlle evidence and daliver writen notice te Seiler, within § days trom meolst of tile avidenco bur no later thon elgsing, of any defects thal maka tho tite unmarkotabla, Sellar will have 30 days from To . Buyer SEF (ley and Sallar tl atkrowledgo racalst af a copy ef this pago, which Is Pago 3 of € Pagos. FARSB Few, 10/00 = G2000 Ploida Assoc Feo Al Pightn Reserved : ord yee COMPLAINT + #2 EXHIBIT oF 8 _ 4 ih ty / 2 pace ST ve reeelpt of Buyer's notice ot detects {*Curallve Poriod") to cure the defocts at Sallar's axpanaa, It Sellar cures ite dalocts ve within the Curative Period, Seiler wil delivar written nalleo to Suysr and the partles will close the irancactlon on Closing it Date or within 10 days trom Buyer's racalpl of Seller's notea if Closing Date has pessad, It Seller !s unable io cure lhe ie dolocts within the Curellve Poriad, Soller will dallver wrltton notlee te Buyer and Buyer will, within 10 doy from racelpt of we. Seller's nouce, allhor cancel this Genwact or accapt tite with existing defects and slosa the lransaetion, tee (e) Survoy: Buyer may, prlor to Closing Dare and at Buyor’s expanse, have the Proporty surveyed and clollver writen novea tc we Sellar within 5 days trom resalpt of survey bul no Joter than closing, ol any enereaehments an lhe Propeny, eneresehrnants by the ‘et Property's Imprvemsnta on othar lands or deed resiriction or ening victatlons, Any such encrogelymant of vislatlon will be treated! ves In the samo manner as a ttle defect and Buyor's ard Seller's obligations wil be daterminod in aecerdance wilh subpampraph {b) iat above, Hf any perl of he Proporty les esaward of tha coastal constuevon contrel ine, Sailer wil provide Buyar with an Blidavi or 786 Survey a6 required by law celineal|ng tho line's seation on the pmporty, unless Buyer walvos this requirement in welling, ‘ MISCELLANEOUS : ‘ . 00 11. EFFECTIVE DATE; TIME: The "Elloclive Date” of this Contract Is the date en which tha last ef tina partes Initats or elgne the tot latest otter Time Is of the assence for all provisions of this Contract. All limo periods wil ba computod In business days (a ‘oe "businoss day” Is every calandar day oxcapt Saturclay, Sunday and national legal holidays), tt any deadline falls on a Saturday, ai Sunday or national legal holiday, performance wit bo cue the next businoas day, All time perleds will and at 5:00 o.m, locat iat limo (moaning In the caunty whore the Proparty Is located) ot tha apprapriaia day, . 3G 12, NOTICES: All nolleas will ba mada ta the parlles and Broker by mall, parsonal dolvery ar electronic moelia, Buyer's fallure 190 io deliver timoly written notlee to Seller, whon such notlee Is mauled by this Contract, rogarding any contingoncias will ye? randar that contingeney null and veld and the Gentract will be construed as if the contingency cid not exist. im 7a. COMPLETE AGREEMENT: This Contuct is Iho antra agraement batwean Buyer and Soller, Except for brekerage 199 agroomants, no prior or present agroamants will bind Buyar, Sellar or Broker unloss Incerporated into this Contract, am Modifeations at this Gantract wil! nel bo binding unless in writing, signed and delivared by the pany to ba bound, Signatures, co: Inittals, documents referencnd In this Contract, counterparts and writign modliications sammunicatad aloetrenieally or an paper 2m will bo occoptable tor all purposes, Including delivery, and will be binding, Hancwrlticn or typewritten terms insorted in or ea! attached to this Contract provall evar preprinted terms, any provision of this Gontract fs or bacamios Invalid or Unanlerceddla, =m1 all remaining provisions will conUnua to bo tully ettaetive, This Contrast wil not be recorded In any public records, a 14, ASSIGNABILITY; PERSONS BOUND: Buyer may net assign thie Contract wiiheut Sellar’s wiltlen consent. Tha terms zat “Buyer,” “Seller,” anc “Broker may be singulor or plural, This Contract Is binding on the hols, administratgns, oxacurars, 30° personal representatives and assigns (I! permittad) of Buyor, Sellar and Braker, a DEFAULT AND DISPUTE RESOLUTION zo 15. DEFAULT: (a) Saller Default: Il for ony mason other than falure of Sellar (a maka Seller's lla markatabsle aller aligont atfart, Saller aio falls, refuses or nagiocts te perlarm this Centrac!, Buyer may choosa to recelve a rotum of Buyar’s cepoct without walylng iho tight to Rook darnagas or 10 sask speciiic porlermanca as per Paragraph 15, Seller will slag be labo to Broker for the lull omount of the aH brokemge fee, fi) Buyer Default if Buyer fais lo porierm this Corwacl. within tho time specliad, Including timely payment al al 3 dopagie, Seller may chooga la ralaln and enllect all deposlis pald and agrged! to be pal as liquidated damages or to seak spactic * a4. performance as por Paragraph 16; and Grokor will, upon demand, rocoivg. 50% of all depuis pald and agresd to be pald (io be , 1G split equally amang cooperating brokers) Up 10 the full amount et tha broketage fea, : as 16. DISPUTE RESOLUTION; This Contract will bo construad under Florida low, All eermoversiea, claims and ethar mattors in . 21? question arising aut of or relating to this trancacton ar this Contract or its breach wil be salllad a6 follows: ead {a) Disputes conceming eriivement to deposits made and agreed te be made; Buyer and Sellar wil hava $0 days fam the ae dete contlcting demands am mada to attempt Io rosalve the dlsgute thieugh mediation. If thal falls, Eesrow Agent will Pa) submit the dispute, I} ce raguiad by Florida low, to: Escrow Agenta! cholea of arbitration, a Flodda court or tho Florida Real oat stata Commission, Buyer and Saller wil be bound by any resulting’settemant or arciar, zak (5) All othor disputes: Buyer and Soller wit have 30 days from the cate a clapute arlsos batwasn them to attempt to wa rasolve the matter Ihraugh macilation, fahing which tha partlas wil! resalve Ihe dispute through naulral binding arbitration ma ‘n the county whare the Proporiy Is locatad, The arhllrater may not alter the Contract terns or award any ramedy not aa frovided for In this Centract, Tha award will bo basaci on the greater wolght af the evidence ane! will etata findings:of fact ho and the contractwa] authority an which It Is based, If tho padies agree to use discovary, It wil be In aeeerdance with the a Florida Rulos of Clvl) Procedure and iho arbitrator will resolvo ail clseovery-related disputns, Any disputes with a real Ba setata |Iesnsee named.in Paragraph 18 will be submittod te arblrratlon only If the feancea's broker consents In wring Le Soo er pacomera pany to the procsading, This clause wilsurvive closing, : ot fe”) {c} Mediation anc Arbitratian; Expenses: “Modlation" Is a process in which parties attempt lo resolve a dlspuln by mn submitting It to an Impartlal modialor whe facilitates the rosolution of the dispute but whe Is not empawarnd to impose a ane setlement on the pariias, Mediation will ba In decerdance with the rules ol tho American Arbliralion Association PAA") or Fes other mediator agreed on by tha parilos, The partes will equaly divide the mediation feo, It any, "Arbitration" Is a process In Bay which the partios rosolve a dispute by g hearing bolere a neutral person who datiees the mallor and Whase cacision Is 725 tulnding pa ee Arplratien wl] ba In accordance with tie rules af the AAA or thar arblirulor ugrood on by tha { e es Fest) me Buyer (C205 and Seller (EN) acknewledya recalpt of a copy of this paga, which ls Page 4 ef & Pages, FAPS Flow 1000 2000 Fitids Assoceloaet Rererod All ighla Renerved Abita iaiie GuwP CANT rie . | exuipit #2 EXHIBIT page J” v _ pace __¥ OF a Eid ner are wee ane (JE, FHA Frnansing (ic, Pro-1978 Housing Stmt (LOP) a, Broker « Pers, Int In Prop, oie (SL Eo Sep om aur [}R VA Finaneing (Jt. Fleod Insurance Reqd, CIA, Rontals Glother an + ADDITIONAL TERME: so 5 soto Thi 0) f wi 2BY parties, Zach party ta any arbitration will pay lis own fags, costs und expenses, incliding aternoys' fees, end will aqually split the ariltratars' fees and administrative toes al arbitration, ESCROW AGENT AND BROKER 17. ESCROW AGENT: Buyar and Sellor authorize Escrew Agent to racelve, deposit and held [unds and other liams in escrow and, subject to clasrance, disburse (hem upon proper authorization and In secordanca whh the torms of this Contract, including distursing brokerage leas. The partes agree that Escrow Agent will not be lable ta any person for misclelvery ot escrowed Iams ro Suyor or Seller, unless tho miceolvery Is due to Escraw Agent's willu! breech of this Comract or gross negligence, if Gecraw Agont 4 Interplasds tha eubjoct matlar of tha escrow, Eoerew Agont will pay the fling tags and casts fram the daposk and wil recover 4 reasonable ntlomeys’ fees anc! casts ta bo poid irom the escrowed tunds or oquivulent and charged anc aware as court casts in fover of the prevailing party, A! claims agains! Eserow Agent wil bo arblirated, so Jang as Eecrew Agoni consents to arolirate, 18, PROFESSIONAL ADVICE; BROKER’ LIABILITY: Broker acivisas Buyor ond Seller ip varlly all tacts anc! roproyentadens that ure important te them and te consult an appropridia prafasgianal for legal advico (lor example, Interpreting contracts, dotormining the etfest et laws an the Propany and transaction, status of tila, foralgn Invester reporiing requiraments, ote.) and for tax, property conditlan, anulranmontal and other specialzed advice, Buyer acknowledges that Broker doos not reside In {ho Preperty and thal all representations (oral, weitton or otherwise) by Broker are bosnd on Seller raprasantations or public recores unless Broker indicalos porsonal varifleaten of tie reprocontallon, Buyer agrees to raly solely on Sallar, professional inspectors and govemimental aganelos fer verificatlon of the Proporty condition, square footage and facts that materially atfart Property value, Buyer and Sellar raspectivaly wil pay ell costs and expensos, Including reasonable atterneyn’ toon at ull Javels, Incurrect by Broker and Broker's olllears, directors, agonts und employees in connoetion with or arising {ram Buyer's or Sallar's misstaramant + of failure te perform contrsctual obligations, Buyor and Seller hold harmisss and roloosa Broker and Broker's cticors, clrectors, agents and amploycos from all llabllty for loss er damage bayed on (2) Buyer's or Sellor's misstaternant or fala to perform contractual obligations; (2} Graker's perlermance, at Buyer's. andar Seller's request, of any task beyond Iha scope ot coviens raguiated by Chapter 475, BS. as amendod, including Brokers referral, racommendallon or retention ef any vondar (8) preducts of services privided by any vancon and (4) exponcos Incurred by any vander, Buyor and Seller auch assume full mopanaibilty tor saleciing and componcating thelr respective vendorg, This paragragh wll nat rellave Bmokar ol statulory obligations. For puraees of this paragraph, Broker will bo trealed as a party to this Cantract, This peragraph will curvive eleatng, 19. BROKERS: The licansea(s) and brokermga(s) namad below ara colleciivaly relerrad to a6 “Brokon" Sailer and Buyer , acknowedge that he brokerage(s) named belaw aro lhe procuring case of this trancaciion, Instruction 10 Closing Agent: Saller and Buyer direct elgsing agent to disburse at closing tha full amount of tha brokeraga foos as opeeliiad In saparate brokerage agroomonis with tha parties ond eeoperutive agreaments botwoon tha brokers, Unless Broker hos mitnined such fees trom tha Y eau Lars funds, {nak the absanca, of guch brokerage eormemanis, as lp a ent wl wil disburse 38 oreo jong a4 Indicated we ht Oe on Rte Cl ss ag cua ee A ef Delawa LaBiAsa a ige (ter eel is aS mia Wd geo. Cretrer / Brodcraga fan! ord of Purchase Pica) Broker / Broterage fees (6 or Miro! Purchase Prien) ADDENDA AND ADDITIONAL TERMS 26, ADDENDA! Tha fellewlng oddltonel lars ara Included In addenda and incorporated into this Contract (check tf appileatte): & CA. Condo. Assn, (OG, Now Mort, Rates (IM, Housing Oder Parsons «=»-sS, Salo of Sluyar's Propany B. Momeawnors' Assn. EJH, As Is w/Right ta Inspect CON. Unimprovod/Ag, Prop, 3-07. Rezoning CIC. Seller Financing Q)1, SelteiInspactions (0, Interast-Bearing Account [IU Assignment C\Q. Mert Assumption = E}, insulatlon Disclosure COP, Backup Contract CIV. Prop, Olselasure Stmt, gloslage Fo ecdtae beter el ge thooct me ar fan cen e A em Cm Bae aN & By moe an rhe Séi]e= (kate fo be Beason bp sve Beller re pay “ugte "{Zees of bri ems a Co seine vesre Cee BS pacets Sa bjoe & te’ fen “Seiching era Bege tm, LL ee om, 2 om fF od [es fe For le oe Bo Or ec fobee re, Buyer [oA d Sailer acknewiecigé recelpt of a copy of this page, which is Panes Sol 6 Pages, a es Fieri assocalse of Pearce ai Righis Resenvad me 8 AUIS PAL ee swum LAlnt EXHIBIT ¢ fT _ PAGE OF \ 4 Loge uf wu aig ea an er oe wu nus ae oer: ee Sor mp or ‘This Is Intondad to bo a legally binding contract IFnot fully undarstood, sook the adulce of on atamey priar te signing... OFFER AND ACCEPTANCE . (Chock tf applicable: Cibuyer recalved a writton asl property disclosure sintoment fram Salter botare making this Ciler} Suyer offers to purchase the Property on the aleve lars and cone dalvered to Buyer no later than 4S > Dam Cam, on and Buyor's deposit refunded cublect lo clearance of funds, pele! AI 2-04 guyor Dale: S-13-o4 2 siya Phono D- SPS LIK, Addrass: Fox; ‘ bolt! Data: a 12 ey —e Seller Printinarna: =the Data: _S\aly Soller i Aes. Fax! coe ‘ tons, Uniaes this Contrast Is slgned by Sellor and 8 copy Ln 2__., TEs ths alter will bo ravokaci Tex IDV/SSN: Dale 89-8" Tax ID/SSN: ee tac ioissn: 229-5 Tht Foti Aspoelation ef Ruacronn and lec! Bonrtashocittion Of Rca,toxs minkn no toprreentotion a tn the lagol vatiery fe eeoguncy Ol any prvitan cf re torn In, Z i Ie Inte ko avmictsl for use by Ita nhv8 Hod eeatate Induoley and ta no! inlunded ta kdontty thy usar ann Palion, liration bv Monltiorod codnclive Inommenn® rth Int ingy ba UBGd onvy by inal Gulete ADMINISTRA LIVE CUMPLAINT EXHIBIT 4? le PAGE __2___. EXHIBIT. OF Tax rvssn; 29. T-SI-PM'6 * 695 3br 95. 4. Settlement Statement B. Type of Loan U.S. Department of Housing and Urban Development 1D FHA 2.0) FmHA 3.i8] Conv. Unins. 40] VA 5.0 Conv. Ins. 6, File Number A2214505LA 7, Loan Number 0000000007326 §. Mortgage Insurance Case Numtigr- a cl Items marked "(p.0.c.)" C. NOTE: This form is furnished to give you a statement of actual seltlement costs. Amounts paid to and by the settlement ngent sre shower, D. NAME OF BORROWER; ADDRESS OF BORROWER: Sarasota, FL 34232 E. NAME OF SELLER; * 203 Saratoga Blvd. ADDRESS OF SELLER: Royal Palm Beach, F. NAME OF LENDER: M. SETTLEMENT AGENT: 1, SETTLEMENT DATE: Gi J, SUNIMARY OF BORROWER'S TRANSACTION 100.GROSS AMOUNT DUE FROM BORROWER 10. Contract sales price were paid outside the closing; they are shawn here for informational purpeses and are not includes inthe total ;, Carag) Jacobucei and Thomas Iacobucci . 1665 Bay Hill Circle Curtis Hicks and Lisa Hicks FL 33411 Virtual Bank, A Division of Lydian Private Bank 3801 PGA Blvd, Suite 700 ADDRESS OF LENDER: Palm Beach Gardens, FL 33410 G. PROPERTY 1665 Bay Hill Circle LOCATION: Sarasota, FL 34232 Finkelstein & Associates, P.A,, Attorneys and CPAs 27 Fletcher Avenue, Sarasota, FL 34237 PLACE OF SETTLEMENT: 27 Fletcher Avenue, Sarasota, FL 34237 217,000.00 1K SUMMARY OF SELLER'S TRANSACTION 400.GROSS AMOUNT J9UE TO SELLER. 401, Contract sales price 102, Personal praperty 402, Personal proper 103. Settlement charees to borawer (line 1400’ 104, 105. Adjustments for items paid by seller in advance 106.Citw/town taxes to : 406. Citytown taxes to : 7. County taxe: 21 8/2004 7/30/2004 407, County taxes, 6/18/2004 to_9/30/2004. | 108, Assessments to : 408. Assessments to cipal amount of new loan(s) 500. REDUCTIONS IN AMOUNT DUE TO SELLER 502. Settlement charges to sellerfiine 1400) 203. Existing Jonn(s) taken stbiect to 503. Existing loan(s) taken subiect to. ote we 204. 504, Payoff of first mortzage [oan (36,675.95 |" Wells Fargo Home Morigage | 505. Payoff of second mortgnge loan : 506, Principal amount of seller financing | 507. SOR. 509. 09h 5092. 509b Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes io 510. City/town taxes, 21) County taxes £4 42004 10 6/18/2004 —— 831,53 | 51 t. County taxes 212. Assessments S12, Asnessments 513. ~|514. 220, TOTAL AMOUNTS PAID IY ORIN BEHALF OF BORROWER 300.CASH AT SETTLEMENT FROM/TO BORROWER 301.Gross amount due from borrower (line 120 179,931.53 220,041.88 520. TOTAL REDUCTIONS IN AMOUNT DUE SELLER 600. CASH AT SETTLEMENT TO/FROM SELLER 601.Gross amount due (o seller (line 420) 157,135.28] 217,208.23}. 302.Less amounts paid by/for borrower (line 220) $79,931.53 602. Less reductions in amount due seller (line, 520) 57 I35.28 303.CASH XI From O To BORROWER ‘i 40,110.35 }603.CASH W] To From SELLER > 60,0729: sere COMPLAINT ae} ADMINIS TRAT = z , EXHIBIT #1 —_g9 ——— exw 2 6) OF Oo ee 4 page 7 __ PAGE T 1000 Disney Systems, Ine. (HAN) T4I-SESS « Laaer Generated) PAGE, 4 HUD-I (3-86) RESPA, HB 4305.2 + ae SEPT LEMEMN ET TATRA ‘ . fr. Se.tlenent Charges : |00. TOTAL SALES/BROKER'S COM based on price 217,000.00, @ as 13,02 Paid From] Fr — Division of Commission {line 700) as follows: . tt 20.00, Borroveer's Sellers $,51,0.00 lo Keller Williams Realty Funds At Fanels At i 6.510,00. 1p_Gordon Harper. Realty: {Settlement Sadsinent |; A. Commission paid al Settlement hf see z ovens —— LA ORO IDL 7d. “Transaction Fee to Aram Robinson Team, LLC “sop.ce S20, Items Payable in Connection Win Loan 7 SL, Loan Origination Fee %—I0 . “I i z - Una Discount “th 10. —. Apniaisal Fee fo Amon Real Estate Anpr ‘Credit Report lo E Lending Lender's Inspection Fee to Selo. = i. Moripare Insurance Application Fee to a £97, Droker Loan Fee nd by Virt <§1376.05>° to ELending A ‘ocessing Fee lo Virtua! Darl 809. Underwriting Fee fo. Virdgreal Crust SQ LOL Flood Cert. Fee. Io GEOTRAC SL. Adminisiation Fee fo_E Lending, Si2. Tax Service Fee lo_ First Americas Ald. —2 ae] Io * (8s. to 900. Mens Required By Center To Be Paid In Advance 204 Interest from 6/18/2004 to 7/1/2004 @ —29.1215_/dav 12. Mortgage Insurance Preniiism (or months to _ Hazard Insurance Premium for { years to Site Farm lnsurence. vens. (9 Ns years lo J. eserves Deposited With Levder : LO). Hazard insurance J _imonths@_ 990.33 per month 1092. Mortsoee insurance months@ permonth 100. City. property taxes ~_ moist hs@ —peramith JUNE County nenerty tines LO sonst sia 183.66 perimonth 105, Annual assessments months@ per month, months@ nerinontls months pero _ months@ per month L102, pet e it ete | 101, Title examination tg Finkelstein st Assucinics BAL 1104, Title inswonge binder ig . |—_—_—. .. 103, Document prenaration ig eee TLC. Notary fees 11107. Attorney's fees. a : .. aAitel ides above items numbers: : Bata Cite insurance, lo Finkelstein & Associates, PA. ane. —itcludes nbove items numbers: 1109, Lender's coverage: Risk Premium 25.00 / INS AMT: 173,600.00 1), Owner's coverage: Risk Premium 1,160.00. INS AMT: 217,000.00 Endorsements: PEI 1B 50;ALTA 5-25.00:ALTA 8.1-25.00; ‘i TUL, Jo. 1S. Courier Fee Includes Administration Fee so_ Finkelstein & Associates, PLA. Uta. {9 1200, Government Recording aud Transfer Charges - scoring Fees: Deed $10.00: L-Morigane(s) $188.50; S-Moripnge(s) _: Releases | IR50. iiweounty taa/stamps: Deed: L-Morrage(s) $347.20: 5-Moripagets 442,20 _ State lax/slamps: Deed $1,519.00; L-Mortsage(s) $607.60; S-Morteanels) —2,126,10, 5 " " : Additional Settlement Charges Survey to Jerry Wheeler, PLS 190,00, . Pest Inspection to Roo Inspection to —— ome Inspection io America inspection Services sas Se to (366. Application Fee o_Arsits Properly Management Refund Deposit Fee so Carol vod Thomas lacobucei (375,001) ! Esloppel Preparation Fee fo Argus Properly Management 19, to (409. Total Settlement Charges (enter on lines 103, Section J and 502, Sectioni) .p 2833.65 19,027.90 ERTIFICATION DATE: h 5 cand betiel, it is a truc and accurate statement ofall a aa have carefully reviewed the HUD - 1 Settlement Statement and 10 the beat of my knowle; ny stnents made on my account or by me in this transaclion, | further ccrlily tint | by Ve reeciyy Gay alg Tine puree Borrower /-—__—____... B pgies (PF " coh Mi " - P LAINT Borrower _ Avo M1 Whe shee’ . List Ticks Settlement Siptswyen! which | have prepared isa true and accurate account of this transackiX%GH |Beleleatsc t esmsth atl, . 1 Setilettient Statement . ” The MUD “nN J ORvavadiettsrentttt te trowingly make false statements to the United States on this or any ollcr similar farm. Pe PAGE — ai ne and innnrienoment. For deiaile sere Title UR LTS Cade-Sertina IAT aad Seetiny 110 i Finkelstein & Associates, P.A. Atlomeys and CPAs: Setitement Agent Rug G2 04 17:31la Betty Harper. 941-747-7604 Pee gqerystees Baq and Purohoso Contract : PEMTORE? Oo 1, SALE AND PURCHASE: 3 and agree to sell and Address: 53 Lega! Dascription: nn TID MS together with alt mprovemnems and ‘attached lems, inckiding fixtures. bulit-in furnishings, bult-in appliances, caiing fans, light fretures, attached wall-to-wall carpeting, rods. drapesies and other window coverings. The only other Hens included in tne Purchase are: os hte Tha (otawing attached Kems aro cxclyced fom the purchase; Tro real and pexsoral properly described above as included in he purchese is r@laqed to 26 the Propeny.* Personal property isted ay 1 #s Contract is Included in the purchase orice, has no controulory valua and Is being lek for Sellers convenience, . PRICE AND FINANCING 2, PURCHASE PRICE: , paysite by Guyer in U.S. currency es followst f#SASO,oG0. ” Deposit received checks are subject to clearance) : 1 by (Escrow Agent’) 5 WK saad ‘Name ol Conesny (HS. 3.96. Adidtkional deposit to be made by oe oF days fom Effective Date . te) Total Financing (see Peragraph 9 beter texpress asa dotar amount or percentage) 1d) S Other: =e oe a eilione) AR huis Oak {eo} SRS, oer —_ Balance to Gase {not inching Buyer's closing costs, prepaid Kerns and provaons), Al funds paid at. desing must be paid by localy drawn cashier's check, official baréc check, or wired funds. 3. FINANGING: [Chack a3 epp¥cable) 2 (a) Buyer wil pay cash for Ihe Property with no financing contingency, " {o) This Controct fs contingent on Buyer qualfying far and obtaining (1) andlor (21 below tthe “Financing’) by "___ filo blank then Closing Dare or within 20 days trom Eflective Date, wiichever.acours tipsl) (Financing Period"): 'D {1} A commitment for new D corweniiond B FHA 2 VA bracing lor $. Or, 9h of the purchase pico: any sppicabl PIM, MIP, VA funding fee) nl the provaling interest rate and loen casts (FHA or VA, see altached addendum). U [2} Apprtval tor Sellar financing or exsumption of mortgegs (ced attached addendum), ho, Buyer wil apply for Financing within days (rom Efective Date (5 days I'fatt blank) and wit fimely provide my and al creck, emaloyment, nancial and other information required by the lender. Gkher party may cancel this Cormict ¥ () Buyer, olor using figence and good faith, cannot obtain tha Franting wihin the rancing Period or canrca meet the terme of the corrwnitmert by ‘the Closing Date, or {10 the Binancitig ts denied because the Property appraises below the purchase price and either Buyer elocts not {o proceed or the paniss ae unable to renegotiate the purchase price, Upon cancettation, Buyer wil etum ot Setler-provided Tile evidenco, surveys and association documents and Buyer's deposit(s) wil be returned afler Escuw Agent receives pmpet authorization rom al interested partes, sine Oe . CLOSst ¢. BLOSNGTDIGRE/ OOCURANCY: Ths Cortract wal be cosed ar the deed ond possesion delved on Aue. sic, (Clasiig Date"), Uniasn entanded by other provisions of, this Contract. The Praperty wil be swent clean end ieee personal Kem enoveni on oF before Ciesing Dale. Ion Gosng Dats insurance unclerwriing is suspended, Buyer may postaona cesing ta to 5 tiays ‘" afer thn insurance suspension is fret, . . §, CLOSING PROCEDURE; COSTS: Closing wil take ploca.in the county where the Property is located and may be conducted by tiectons means, If title Insurance: fisures Ruyer for tite detects ansing between tha tle binder sflective date pnd recording cf Buyer's dean, closing agent yd disnursa at closig tha ral sale proceeds to Seller and brokerage fees to Groker 89 per Paragraph 19. In adddite to.other expeniéan prouided In inis Contract, Seller and Buyer wil pay ing cosis indicated beow, fa} Seller Costs; Setter wit pay taxes and surtexes on the dood nd recording fees for documents needed (n cure title; certified, confirmed and ratified special assessment Fens ard, it an improvement Is guostamlaly complatic as of Effective Opts, on amount equal io the last esismate of the assessment; up to ___ 3 {1.595 if tet blah) of the purchase, price for repairs to waranted tems (Repair Limit"; andl up to __%6 (1.5% felt blank) of the purchase price far wood-destroying organiam treatmam and repaks (Termite A It”, Other:, Buyer Ar L__) ard Seer’ recekt Df 3 copy of ths page, Which ts Page 1 ot BPapes. FARE Rew, 1000 92000 Fevicin jon ct Aeaons® = At Rights Resurvest i —H. ; o_o . ‘ oer ADMINISTRATIVE COMPLAINT XHIBIT # PAGE _ te OF 4 —exnipit_/ 2. _PAGE EY Aug O02 G4 lizata Betty Harper 941-747-7604 peg working condition of the Hern, including pitted mareite: missing or torn sorens other than missing poot cage or screen . * spam screens; fogged windows; tears, worn spols and discoloration of floor coverings/walpapersAvindaw irealments; nai holas, scratches, denis, scrapes, chips and cauiking in bathroom ceiling/walleMoorng/ile/iatures/mirors, enc recRirement, (3) Repair: Seller is obligated anly lo make repairs necessary to bring warranted items inio the condition warranted, > to the Repair Limit. Seller may, within & days from receipt of Buyer's notice of Kems that ara oi in tha condition weeranled, have a second inspection mada by a professional inspector and wil report teva asimates to Buyer, {tthe first ett Becond inspection reports differ and tho parties canno! resolve the citferences, Buyer and Seller logether wit choose, and equally spit the ces! ol, a third inspecion whose written report wit be binding on the parties. tthe cost to repair wairanted {lems equais or is fess than the Repat Limit, Seller wif have the repars. made in a workrraniie manner by an appropriately icensed’ person. lf the cost ta repair warranted items exceeds the Repair Limit, either party may . : . cancel this Contract unless ether party pays the @xcess or Buyer designates which repairs ta make al a fotal cost to . . : Seller not exceeding the Plepair Limit and accepts the balance ol tha Property in its “es S° conxtion. . {bo} Waod-Destroying Organisms: “Woad-destraying organism” means aritvoped or plant fla, inclucing lermies, powcer-past ° a° i z : a - aga of the Property: covenanis, easements and restrictions of record; matters at plat, existing zoning end government - captions: ol gas end mineral rights af record i there is no right cf entry; curont taxes; mortgages that Busyer wit assures an fokowing types be generaly 2cx Paragraph 5{c} the selected type), Seller wil use option (1) in Pain Beach County and aption (2) in Mami-Dade County, : {1] A tte insurance commitment issued by a Potida-licensed title insurer in the amount of the purchase price and subject only lo ile exceplions set forth in (his Contract. . * @ Anaeaisting abs! offitte rom a feputable ant existing abstract firm (Ff frm Is not exishine, then adsl! must ba teriified as correct by'an existing fm) purpariing lo be an accurate Synopsis of the Instruments affecting tile to (na. Property recorded in the public records of the county where tha Property is focated and certified to Etteclive Date. we Buyer SERYT__ ard Se! e recent ol a copy of itis page, whichis Page 3 of 6 Pages. FAR-G Rev. ITO 02000 Rodaa Aispbiatiot ol Reston ‘AS Faghts Roservad . naa “ title evidence but no later u closing, af any defects that make the tila unmarketable. Sefer wi have 30 days from ADMINIS tig... Le ! SULT EXHIBIT, : [ PAGEL g _ Bo EXHIBIT # 8 Aug G2 OF 122378 GISFERLARPHRRS RESALE Cy “= tb) Buyer Qoate, Guyer wil pay taxes and 1 statements: loan expanses; pending spenial ‘Other: Betty Harper {ec} Tite Evidence and Ineurance: Chech {1) oF (ah {1} Seller wit provide @ Paragaph 1aK’ recording {res on notes and mortgages, recording tees on the dead and financing astessmon! lens: 941-747-7804 pas : lender's title policy: Inspections; survey: flood msuxance: A} owner's thta instkance commitment as ta evidanca. Ci Sever (A Buyer wil selact Ihe tile agent. GiSellar 4! Buyer wii pay for the owner's tite policy, search, axaminatan and related cnrges. ach party will pay lis own clasing fees. D (2) Sefer wit provide policy and select the ti senrch legs, end Buyer tile evidence as spaciiied in Paragraph 10fa}(2). LW Seller L Buyer will pay tor the ‘owner's title le agenl. Seller wid pay fess for title serches prior to closing, including 1ex search and ten wil pay fees for title searches after dosing (f any), thle oxaminalion les and cissing fees, {0} Proratiens: The following ems wil be made ourrent (H apnicablel and prorated as of the day hefore Closing Date: :eal estate (axes, interest bonds, assessments, Jf laxes and assessments for the currant year can! yer fs responsible for property tax increases due to change In ownership. the Foreign Investment in Aleal Property “fax Act, which may requve the Propeny, adustmemt for exemptions anc improvements. Buy {e} Tax Wiihhoiding: Buyer and Setler wit conely with Salisr te provide uduitigna! cash af closing # Selter ig a “foreign {0 Home Warreartty: Buyer $2 Seller cost nttto exceed S systems and major Duil-in apnflances in the event of breakdown PROPERTY CONDITION . G.INSPEGTION PERIODS: Buyer wit completa tne inspections relerenced in Peragronts: 7 ard Btal{2) by - tuithin 10 days trom Effective Oate it teft blank} astociation lees, Insurance, recs and olher cusrent axpenges Bri revenues al net be determined, Ihe previous year's ralns wil be used with person* 6s defined by ledoral taw. N/A will pay for a home warranty otan issued by Lats ——_——_— A home warenty pian provides for repair or replacement ef many of a home's mechanical due to nontral wear and tear during the agreement period, ——__—— {inspection Period”); the wood-destroying organism inspection by {prior to closing, tf taht lant; and the walk-through a inspection on tha day bore Clasing Date or ‘any other time agreeable to the parties. 7. REAL PROPERTY DISCLOSURE: Soller represents that Seller the Property, inctuding viotatians of governmental laws, or that ane known by. fa) Energy Efficiency: Buyer new hone, the buider’s FL-EPL card's atlached 2s an Radon is @ naturally occuring radi } heallh risks 10 persons Who we exp Addiiona! information regarding tadan and radon testing may be within the Inspection Period, have an appropriately ficansed persion uxceeds Beceplable EFA staridards, Sater may choose to reduce the radon or have baer disclosed lo Buyer: i racelp' tof the Rodda. does not know of any fects that materially affect the value of rules and reguialions. other than those that Buyer can ready observe Buiding Energy-Eficiancy Rating System brochure, (his is 3 addendum. joactive gas thal, when it has accumulated ins bulking in sufficient osad to it aver tine. Levels of radon that exceed facteral and Pood Hazard Area or Caastal High Haz Arca and the buidings are buat betow fhe minimum Good elevation, Buyer may.cencel thes Gontrect by delivering witten notice to Seller within 20 cays tram (6) Homeowners’ Associ allached and incorporated imo this EWVED AND READ THE DISCLOSURE SUMMARY. ote we summary Is. BUYER HAS REC! 8, MAINTENANCE, INSPECTIO! Sng, except for normal wear and tear [maintenance 11 tor access and ullities lor Buyer's inspactions. Buyer wit re retumn the Proneny to tts prinspecti * INS AND REPAIR: Seller wit keep the Property in the same condition from Etfective Date uatit equrement’) and repairs required by thts Contract. Sellar wit provide pait ull damages 10 the Property resuting from the inspections and fon condiion, IT Setier ia unable to complete required repairs oF treatments prlor 10 ** 5 closing, Seller wi give Buyer 2 credt al closing for the cost of the rapeirs Seller was obligated to mate. Sefer wil assign all assignable roped and treatment contracts to Buyer at closing. {a} Warranty, Inspections and Repair (1) Warranty: Seller warrants. 0 sprinkles, septic ond piymbing ‘systems, condition until closings that that any ppen permits for Date. Seller does rot warrant hom e detect ins warranted tem, Seller is nol obigaled tn regulations unless necessary to repair & warranted Hem. {he item wascdesigned to operate and “cosmetic conc ad 4 i receipt of FAR-G Rew, THOO 7000 Farida Adgéclaton of Reatrons@ A Rigrus Pavstwett — “ on {hat non-leasesd major appllances and heating, cuoling, mechanice!, etectical, sreurity, seawal, dock and pool equinment, i any, are and wil be maintained in working t the structures (inckiding rools) and pool, 1 any, are structurally sound and watertight; and {he Property have been closed aul and final inspections wil be obtained before tha Closing and is not required to repair cosmetic conditions, unlass tha cosmetic condition resuited bring any item Into comatiance with existing building code “Working condition” means operating in ine manner fo whet jong” means aesthetic knpertections that do not alfect tho a copy ofthis paga, whichis Page 2 of 6 Pages. eek ADwill EXHIBIT cig PAGE. wrk bat et (2 PAGE we cAINT we Aug o2 O04 LItdla Betty Harper ‘ 841-747-7604 p.7 aan petlies, Each party to any arbilvalion wi pay lls own fees, costs and exponsas, Including Sltoreys' fees, and wil equally 73 Spit the arditralors’ fees anc administrative tees of arbitration. van . ESCROW AGENT AND BROKER 240 17. ESCROW AGENT: Buyor and Seller authorize Escrow Agent to racdve, deposit and hold tunds and other items in escrow and, 2 subject to clearances, disburse them upon proper authorization arxt @ aocorfance with the (eqns of this Contract, incucing 212 gisbursing brokerape fees, The parties agree (hat Escrow Agent will not be keble to any person for misdeivery of escrowed ems ID pia Buyer or Seller, unless the misdetvery is due lo Escrow Agent's wittul breach of this Contract ar grass negiigence. tf Escrow Agent 2a4 Interpleads the subject matter a! the escrow, Escrow Agent wil pay the fing fees and costa from the deposi! end wR recovar 3A raasoneble attomeys’ fees ond! costs 1c be pod ‘rom the pstrowed funds or equivalent and charged and awarded as court casts in 243 favor of the pravaling party, AN claims against Escrow Agent wil be artilrated’, so song as Escrow Agent consents to arirate, 247 1B. PROFESSIONAL ADVICE; BROKER LIABILITY: Sroker advises Buynr arci Seller to verily all facts ard representations [hal 7e ace Important to them and io consult an eppropriate professional for legal advice (lor exomple, interpreting contracts, ms and governmental agencies for verification of the Pmperty condition, squers footage and facts that materially effect Property 7 Valun, Buyer and Sefer respectively will pay tf costs end expenses, including reasonable attomeys' fees al 2! levels, inquired by 355 Broker ond Eroker’s officers, directors, agents and employces in connection with or rising (rom Buyer's or Sefer's masstaement 21 13, BROKERS: The Kcensec{s) and brokerage(s) named below are collectively referred to as “Broker.” Selter and Buyer 4 acknowledge thal the brokerage{s} named below are the procuring cause of this transaction. Instruction ta Closing Agent Seller #84 and Buyer direct closing agent to disburse at closing the fla amount of tha brokerage fees-as specified in separate brokerage 725 agreamants wilh the parlies and cooperative apreemants between the brokers, unless: Broker has retained such tees from the 207 funds,.in the al ‘of such brokerage agreements, closing agent wil disburse brokeraga fees as Indicated balow, . 4 Ter Se Falcons = bp Ane : . 28 Ron Estate Licensce - Fro Estate Lecrsce 7. . ar no Aan) tresgis i 121° Broker / Begheage tne: (5 0°'% of Purchase Price) 8 Tea nan Broker Brokorage fea: (S or % 0! Purchase Price), ' ue at a o . Hs . . ws 3 ADDENDA AND ADDITIONAL TERMS ‘ yi 20. ADDENDA: The folowing adional terms are incl.ded In addenda end inaorporaled into this Corivec! (check if pantie} so ; ars Ur A, Condo, Assa. . 12 G. New Mort. Rales QM, Housing Older Persons OS, Sale ot Buyer's Propery . . . we 26. Homeowners’ Assn, OF. Asis w/Right to Inspect ON, Unmprovedtag, Prop, OT. Rezoning . . . . aT (2. G. Seller Financing O14, Sel-inspections . OO. Interest-Bearing Account OU. Assignment te ‘ ze QD, Mort. Assumation — 12. J, insulation Disclosure QP Back-up Contract _ 12 V, Prop, Disclosure Stl. “tT . : ue CLE, FHA Financing DK. Pre-1976 Housing Stmt, (LEP} 0 O° Groer,- Pars, int.inProp, 2 Other - ’ yo OF WAFiancing + QL, Fload insurance Reqd. QR. Rentals Q Other mar 21, ADDITIONAL TEAMS: ___.__ : - ae ~ zor NuyeSEGTo_) pres Sef Fe tO seca rerei of 0 osoy al Ys page, weich is Page Saf 6 Pages. PARE Ber, TO] «= 2000 Foci fon of Rearons® © AN Rights Reserved . = - ADMINISTRA tive COMPLAINT ~y i ’ EXHIBIT__ f/f @ : EXHIBIT # ——L<— PAGE 6 z “5 <= PAGE_G 7 PAGE flug 02 04 11:3le Betty Harper . 941-747-7504 pea _ * receipt of Buyer's notice of defects ("Curative Period’) to cure the defects at Seller's expense. Il Seller cures the detecis within the Curative Period, Seller wit daiver willten notica to Buyer end the parties wil clase the tranvaction on Ciosing - Date or within 10 days fon Buyer's receipt of Seller's notice it Closing Date has passed. It Setler ls unabe (0 cure the delacts within the Curative Period, Safer will deliver wriltan natica to Buyer and Buyer wil, within 10 chys from receipt of Seller's notice, ether conce! this Conitmot of scceal tite with existing dofocte pind close the transaction, {c) Survey: Buyer may, prior to Closing Dals and at Buyer's expense, have the Property surveyed and delirer writen notion to Seller, within S days from receipt of survey but no leder than closing, of any encroachments on the Property, enomachments by the Proparhy’s Impravernenis on other lands or deed restriction or zoning vielaions. Any such encroachment or vidalion wil be trealed jn the same menter as 3 tite defect and Buyer's and Setar’s chfgations wi be detesmined in accordance with suoparagraph {b) ebove, if any pan of tha Property fes seaward of the coastal construction control Ine, Seder wil prove Buyer with Bn aficavil or Survey 5s required by iw delineating the fne’s location on the property, unless Buyer waives ihés requirement in wring. . p IS. te 11. GFFECTIVE DATE; TIME: The “Exectwe Date" or feat Se Tints on which the fast of the parties Initials or signs the 19) latest otter, Time is of the essence for aff provisions ot this Contract. Al time periods wii ba computed in business days fa : ist “business day” fs every cafentier day except Salurciay, Sunday and national feqal hofdays}, if any deadine tails an a Satiscay, . } 1st Sunday or naligne! age! holiday, performance wil be duc the next business day, Al time periods wil end at 5:00 9.m. local . ta: time [meaning In the county where the Property is located) of ihe eppropiiate day. + : tt: 1, NOTICES; All notices wil be made to the parties and Broker by mati, persona) delivery or electronic media, Buyer's faiture ws ta doliver timely written notice to Seiler, when such notice Is required by this Convact, regarding any contingencies wit ly render that contingency null anc vokd and the Corttract will be construed as if the contingency did not exist. : int 13, COMPLETE AGREEMENT: This Contract is tha entire agreament betwean Buyer and Seller Except far brokerage . : i .wi agreements, no prior or present agreements wil bind Buyer, Seller or Broker uniess incorporated into this Cantract. ? tm Madiicaians af this Contract will nat ba binding unless In writing, signed and delivered by the party ta be bound, Signatures, ant inilals, documents referunced in this Contract, counterparts and written modifications communicated electror¥cally or on paper { ut wif be acceptable for alt purposes, including delivery, and wil be binding, Handwritten or typewritten terms inserted in or 4. Fs) attached lo thls Contract prevail over prapnintad temns, lt any provision of this Contract is or becomes invalid or unenforceable, . 20: ak remaining provisions will continue to ba fully affective. This Contract wit not be recorded in any public records. . . t . i 205 14. ASSIGNABILITY: PERSONS BOUND: Buyer may not assign this Cantradi without Seiler’s written consent, The terms . vt . i + ? ts “Buyer,” “Sellar” and “Broker” may ba singutar ar plurat. This Contract is binding on the heirs, administratars, enecutt 77 persgnal representatives and assigns (i permitted) of Buyer, Salter and Brokes. .. vote : 201 . DEFALILT AND DISPUTE RESOLUTION wi 15. DEFAULR: (0) Seller Defauit Iffor any reason other Than faire of Seller to make Settlers this markatable after diigent ellor, Setier . : an fe, retuses or neglects to perform this Contract, Buyer may choase to recelve-a tum ot Buyer's deposit without waiving therignt . ub am to eeek damages or to seek speciic parformance as per Paragranh 16, Se¥ar wit piso be Fable to Broker for the full amount of the . 7 i ant brokerege fee. (b} Buyer Defeat: 11 Ekxyer fais to perfarn thes Contract within the Ume specified, including timely payment of al . ‘ a deposits, Seiler may choase to relain and cofect all deposits paid are! pgreed 10 ba paid as Iouidsted darrages or to seek specific . . 4 au parformance as per Paragraph 16; and Broker wil, upon demend, receive 50% of 4 deposits paid and agreed to be paki (lo be . an. spit equally among cooperating brokers) up to the ful amount of the brokerage feo, p\\ 16, DISPUTE RESOLUTION: This Contract will be construed under Rorida law, Al) controversies, claims‘and other matiers in gy” question aréing out af orrelating to this transaction or this Contract ars beach wit 66 sated 23 follows: art {e) Disputes conceining antiiement to deposits made and agreed to be made: Buyer and Setter wil have 30 cays fom [he ann date conflicting dernands are made to attempt to resctve the sispuo Proush mediation. If thar fall, Escrow Agent wit . : 77 suomi} the dispute, It so required by Florida faw,.to Escrow Agent's al arbitration, a Florida court or the Florida Reaf" + : . . wt ery Estate Commission. Buyer ard Salter wil be bound by any resulting settlement or arcler. . ‘ . : Wm {b) All other disputes; Buyer and Seller will have 90 days trom the date 3 dispute aisas batween them to dtternpt to ‘ a respive the mater hrough mechetion, failing which the parties will resolve the dispute through neutral binding arbitration ; or) in the county whoo the Proparty'(s focated. The arhitrator may nol ater the: Contract tems or award ony remedy not . ot cry provided for in this Contract, The award will be based on the grealer weight af the evidence and wil stale findings at fact ' reo and (he contraptudl authority on which il is based, if the parties agree to use disnovery, it wil be In accordance with the wat Florida Rules of Civ’ Procedure and the arbitrator wil resaive all discovery-rolated disputes, Ary disputes with a reat . 3 estate fcensea named In Paraoraph 19 wif be submitted to arbitration only if the lkensee's broker consents in witiig to : crt become a party to the proceeding. This clauso will survive closing. . on ™ (c} Mediation and-ArbRration; Expenses: Mediation” Is a process In which parties atlempt to resolve a dispute by a submitling # to an inipartlal mediator who facilitates the resolution of the’dispute but whe ls nat empowered to mpesa a we sattiemant on the perlies, Mediation wit be in eccardance with the rules af the American Arbitration Associlion (‘AAA’) or . ™ other medistor agreed on by the parties, The parties wit equely dvide the mediation fee, if any. “Arbitration” is a process in ras which tha parties resolve a dispute by a hearing before a nautrat person who decides Ihe mutter end whose decision is ' 05 tinding an the parties. Arh] ‘wil! be in aocordance with tha rules of the AAA or ather arbitrator agreed on by the . er Buyed Der __Jand Ox ioe recent of a copy af this page. whichis Page 4 of 6 Pages, : FARO ey. 10K” G2000 Fen scion ORs AN Rights Reserved wot z Pi . 7 ADMINISTRATIVE COMPLAINT EXHIBIT # XMIBIT — 5 or__2 Learns oe : VW Rug G2 OF 11:31a Betty Horper . 941-747-7604 p.s t . an aes eter ee MB ee tee we __ This is intended to be a legally binding contract, If not fully undarstoad, seek the exivice of an attomey priar te signing, 38 OFFER AND ACCEPTANCE ate (Chack I appticable: Ci Buyer received a written rea! property disclosure statement irom Seller before making this Offer) wo. Buyer offers {p purchase the Property onthe above terms and fons, Unless this Cantract is 1d by Seller and a copy ti delivered ta Buyer no later than Ss 9d a.m p.m. on ws, an S84, this offer wif be revoked maz and Buyer's dendsit ralunded subject to clearance of funds, 1 ne ' . c teen nex Data: 8/3/o uy Buh = # be Tax lO/BSe: aht-E/~P gg. oat Print ‘ . a Date: - Buyer: __. Tex!D/SSN:; . mG BE fo Print namie . . 3 za’ Phone: Address: ett ‘ . not wae Fat 7 ot Date: BSrec/ cr oar Dates S304 Be one 207-39 me Far a ia 0 Seller counters Buyar's offer (lo accept the counter offer, Buyer must Sgn or initia tha counter ollered terms and deiver 2 copy na’ of the acceplance to Soller by 5:00 p.m. on —_). 2 Seller rejects Buyet’s alter, Elective Dat (The date on which the last party signed or initlaled acceptance of the final offer) Tax (D/SSA ATES L oF | OS | ; by sor Buyer SRAGT___} anct Bei isd J acknontedge receipt ota copy o! this page, which is Page 6 ol 6 Pages. ‘Tha Flotiela Assooation of Rastron ana | furalsecistion of castns mate no cenranentsaian as to Ihe tegrd vatchy or adequacy of ary cxovicion of this tow i fi areacinn, Ts sndarcecd fam shots Cas sued inearrems ranrocuos x wih eects els ot adctions, Ths ons eae i usa OY 'y Oy east esti any epecsi entra mal esiate nckattry ind és 101 intondest io idantity the inser ste D REkLIDA, Acacioy is a rogestwod cofeciiva membership thas hat ray be Lcd icehacus who are members of the National Asuncintion of PraTons and whe subscribe to ks Love ol Eitics. * The capyrigt tows of Hho United States (17 US. Cad) obit the uta.therzet! reproduction of bla forms by any means including tact cr compucstzed kes, TAR-G Rev.10M0 — @2000Flaida Associaton of Retoxc®D AS Alghis Hesorved . AUAiiio Prive CUuMPLAINT EXHIBIT +z, page __(@ — OF —£———* xHIBIT__/ 2 page 6p . REJECTION OF OFFERnM'Seller Taper ar) affer to fell RODS a . datedthe 2M aayot AUC . (Offer) for the propasty described os follows (egel descriptian}: SEI €. FoTH Comey —fORMOR TON FE BYMOZ TEAMS: This counter offer consists of al terms of the Offer with modifications to particular clauses as follows: ferce Gf ABLOOD aC EeT AACE: by Selle k wae ax Jevn72 Ja ACCEPTANCE AND EXPIRATION OF COUNTER OFFER; This counter Offer must ba signed and delivered back 10 LD Seller or Seller's fcensee 1) Buyer or Buyer's Icansee within ___ hours fram orit witexpire. RIGHT TO WITHDRAW COUNTER OFFER: The party making this counter ‘Offer reserves tha Tight to-withcraw. t ; the affarat arry time prior lo acceptance by the ather party. a lip) eR ADMINISTRATIVE COMPLAINT ExHiBIT #8 eyrpy _ PAGE __7___ooF te PAGE_ZO

Docket for Case No: 06-004651PL
Source:  Florida - Division of Administrative Hearings

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