FILED STATE OF FLORIDA _ DEPARTMENT OF BUSINESS AND PROFESSIONAL WkGUL-ABTION2: 19 FLORIDA REAL ESTATE COMMISSION agree OF FLORIDA DEPARTMENT OF BUSINESS HEARINGS © AND PROFESSIONAL REGULATION, / DIVISION OF REAL ESTATE, = ; > Ss . Petitioner, O 7- 0 OF % p (_ ae s aL VS. oe FDBPR BaBrotsedy Uv JOSEPH A. GRANO, aR a = Respondent. 2 / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real . Estate (“Petitioner”) files this Administrative Complaint against Joseph A. Grano (“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 is and was at all times material hereto a licensed Florida real estate broker, issued license number 514071 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker for First Atlantic Realty, Inc., 1956 Coral Gardens Drive, Wilton Manors, Florida 33306. FDBPR vy. Joseph A. Grano Case No. 2004058648 Administrative Complaint 4. On or about June 2004 Respondent was the listing broker for a property owned by Gladys Cluck (“Seller 1”) located at 20 Yacht Club Drive, Unit 205-B, N. Palm Beach, Florida 33408 (“Subject Property 1”). A copy of the listing agreement is attached hereto and incorporated herein as ._ Administrative Complaint Exhibit 1. . 5. On or about June 14, 2004 Respondent on behalf of Seller 1 negotiated a contract for the sale and purchase of the Subject Property 1 with Georgia and Larry Silverman (“Buyer 1”). 6. Respondent disclosed to Seller 1that Respondent was operating as a single agent for Seller 1, Acopy of the disclosure is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. . 7. Seller 1 sold the Subject Property 1 to Buyer 1. 8. On or about July 31, 2002 Respondent, (“Buyer 2”), purchased from the Estate of W. N. Champion (“Seller 2”) a property located at 1956 Coral Gardens Drive, Wilton Manors, Florida 33306 (“Subject Property 2”). A copy of the settlement statement is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 9. Respondent used the proceeds obtained from the sale of the Subject Property 1 for the purchase of Subject Property 2. A copy of correspondence is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 10. Respondent fraudulently had Seller 1 release Respondent from the obligation of repaying Seller 1 the money used by Respondent to purchase the Subject Property 2. A copy of the release is iS} FDBPR v. Joseph A. Grano , Case No. 2004058648 Administrative Complaint attached hereto and incorporated herein as Administrative Complaint Exhibit 5. 11. At all times material, Respondent placed $60,000.00 in cash, owned by Seller 1, ina house safe owned by Seller 1 and used the money for Respondent’s personal benefit. 12. Respondent gained access to Seller 1 checking. account 00223023493 with Bank of ” America and used the monies held in the account for Respondent’s personal benefit. A copy of the . clieck is attached hereto and incorporated herein as Administrative Complaint Exhibit 6. COUNTI . Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culp able negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investi gative 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 FDBPR v. Joseph A, Grano , Case No. 2004058648 Administrative Complaint Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and désist 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 (IX, dayor_ Orv een -, 2006. Department of Business and Professional Regutation Dennis J. Yecke . Deputy Secretary for Professional Regulation FDBPR vy. Joseph A. Grano Case No. 2004058648 Administrative Complaint ATTORNEY FOR PETITIONER Robert P. Blaesser, Jr., Senior Attorney Florida Bar N° 626538 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg: North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX RB/k PCP: PH/LI 10/06 . 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 allowed by law, 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. ee el ll oll a SDR AANERNEKOWOMAIDUNEwWH bo lo le os We Wa la Wi Le Wo bt 1 First ATLANTIC REALTY, INC. *?BROKER JOE” GRANO, REALTOR® ‘ CELL (954) 931-0031 FAX (954) 527-4884 DEPOSIT RECEIPT AND CONTRACT FOR SALE AND PURCHASE BUYER _ GEORGIA & LARRY SILVERMAN SELLER _ GLADYS CLUCK BUYER AND SELLER HEREBY AGREE THAT SELLER SHALL SELL AND BUYER SHALL BUY THE FOLLOWING REAL PROPERTY (“REAL PROPERTY”) AND PERSONAL PROPERTY (*PERSONALTY”) (COLLECTIVELY “PROPERTY”) UPON THE FOLLOWING TERMS AND CONDITIONS AND ANY ADDENDUM TO ‘THIS CONTRACT. 1. LEGAL DESCRIPTION OF REAL ESTATE IN __PALM BEACH__ COUNTY, FLORIDA. TAX FOLIO # _68-4342-09-11-002-2050__ . Ports O CALL CONDOMINIUM No B DWELLING 265 1.1 PROPERTY ADDRESS: 20 YACHT CLUB DRIVE UNIT 205-B N. PALM BEACH, FLORIDA 33408 1.2. SELLER REPRESENTS THAT THE PROPERTY CAN BE USED FOR THE FOLLOWING PURPOSES: _RESIDENTIAL__ 2, PERSONAL PROPERTY, INCLUDED: ALLFIXED ITEMS INCLUDING: WINDOW SCREENS, SHUTTERS AND ‘TREATMENTS ; HARDWARE; WALL-TO-WALL OR ATTACHED FLOOR COVERINGS AND ATTACHED LIGHTING . FIXTURES AS NOW INSTALLED ON THE REAL PROPERTY. ALSO INCLUDED ARE THE FOLLOWING ITEMS: 1 RANGE(S), 1 REFRIGERATOR (8), 1 DISHWASHER (S), 1 DISPOSAL (S), MICROWAVE OVEN (s), TRASH COMPACTOR (s),, WASHER(S), DRYER (8),_4. CEILING FAN (§), SOLAR SYSTEM (5), SATELLITE DISH (S), 1 SECURITY DOOR. 2.1 ADDITIONAL PERSONAL PROPERTY INCLUDED: _ N/A. 2.2 PERSONAL PROPERTY NOT INCLUDED: __NIA 23 LEASED ITEMS: SECURITY/ALARM SYSTEM (5), PROPANETANK(S), SATELLITE DISH (S); SOLAR EQUIPMENT OTHER ITEMS ; ; 3, PURCHASE PRICE IS: (IN U.S. FUNDS) rennsensnspnsnnensnseesiessnnssseesseeseseeee®__ 140,000.00 METHOD OF PAYMENT: 3.1 DEPOSIT MADE AT THE TIME BUYER EXECUTED THIS DOCUMENT N segenencensesenacesereee B 7,000.00_ 3.2 ADDITIONAL DEPOSIT DUE UPON ACCEPTANCE. TIME 1S OF THE ESSENCE AS TO ADDITIONAL DEPOSIT «.scessarvererecnereecterensrsarecesenerssres $ 0.00_ ALL DEPOSITS TO BE HELD BY:_CASSORIA & GOFF, P.A. TRUST ACCOUNT 1040 BAYVIEW DRIVE SUITE 600 FORT LAUDERDALE, FL. 3330: 564-4600 ji hacer eRe - 3.7 APPROXIMATE ADDITIONAL PAYMENT DUE AT CLOSING IN U.S. CURRENCY ORL CASHIER’S (CHECK( THIS AMOUNT DOES NOT INCLUDE BUYER’S CLOSING COSTS AND/OR PREPAID ITEMS)$ 133,000.00 __ 3.8 TOTAL PURCHASE PRICE ..-..----+- eee ewersrectncceeresrensensrarsesr cress $ _140,000.00___ PAGEL OF Mere nryyé COMPLAINT cyniait #_| —=$>_____- = (PAGE _£ — OF 6hy PROPERTY ADDRESS: _20 YACHT CLUB DRIVE UNIT 205-B N. PALM BEACH, FLORIDA 33408 4. TIME FOR ACCEPTANCE: Ir, BY 10:00 P.M. THE 18”- OF _ JUN-02, THIS OFFER 1S NOT EXECUTED BY ALL PARTIES AND DELIVERED TO ALL PARTIES OR THEIR AUTHORIZED REPRESENTATIVE, THIS OFFER IS WITHDRAWN AND ALL DEPOSITS WILL, BE RETURNED TO BUYER. 5. FACSIMILE: A legible facsimile copy of this entire Contract- and any signatures hereon shall be considered as originals. 6. EFFECTIVE DATE: THE EFFECTIVE DATE OF THIS CONTRACT (“EFFECTIVE DATE”) SHALL BE THE DAY UPON WHICH IT BECOMES FULLY EXECUTED BY ALL PARTIES. 7. TIME: TIME PERIODS HEREIN OF LESS THAN SIX (6) DAYS SHALL IN THE COMPUTATION EXCLUDE SATURDAYS, SUNDAYS AND STATE OR NATIONAL LEGAL HOLIDAYS, AND ANY TIME PERIOD PROVIDED HEREIN WHICH SHALL END ON SATURDAY, SUNDAY OR LEGAL HOLIDAY SHALL EXTEND TO 5:00 P.M. OF HE NEXT BUSINESS DAY. 8. CLOSING DATE: THIS CONTRACT SHALL BE CLOSED AND THE DEED AND POSSESSION SHALL BE DELIVERED , ON OR BEFORE THE __20™ _ DAY OF AUGUST, 2002, UNLESS EXTENDED BY OTHER PROVISIONS OF THIS CONTRACT OR SEPARATE AGREEMENT - (SEE SPECIAL CLAUSES PP # 9). ; . 9, DELIVERY TO AUTHORIZED REPRESENTATIVE: DELIVERY OF ANY DOCUMENT REQUIRED OR PERMITTED BY THIS CONTRACT TO BE DELIVERED TO BUYER OR SELLER SHALL BE DEEMED TO BE DELIVERED WHEN DELIVERY HAS BEEN MADE TO SUCH PARTY’S AUTHORIZED REPRESENTATIVE (“AUTHORIZED REPRESENTATIVE”). ‘ ; 9.1 DEFINITION OF AUTHORIZED REPRESENTATIVE: AUTHORIZED REPRESENTATIVE SHALL INCLUDE: 9.1.1 ANY LICENSED FLORIDA ATTORNEY REPRESENTING BUYER OR SELLER IN THIS TRANSACTION (AS TO THE PARTY THE ATTORNEY REPRESENTS); me 9.1.2. ANY PERSON SPECIFICALLY AUTHORIZED IN WRITING BY BUYER OR SELLER TO RECEIVE DOCUMENTS REQUIRED BY THIS CONTRACT; 9.1.3 AS TO SELLER, THE FLORIDA REAL ESTATE LICENSEE(S) SHOWN AS THE LISTING SALESPERSON(S) AND THE BROKER(S) OF SUCH LICENSEE(S) REAL ESTATE FIRM; : 9.1.4 AS TO BUYER, THE FLORIDA REAL ESTATE LICENSEE(S) PRESENTING THIS DOCUMENT TO SELLER OR © SELLER’S AUTHORIZED REPRESENTATIVE AND THE BROKER(S) OF SUCH LICENSEE'S REALESTATE FIRM. ; 10. EVIDENCE OF TITLE: SELLER SHALL, AT SELLER’S EXPENSE, FURNISH TO THE BUYER OR BUYER’S CLOSING AGENT NOT LESS THAN FIFTEEN (15) DAYS PRIOR TO CLOSING EITHER; (1) A CERTIFIED ‘ ABSTRACT OF TITLE WHICH SHALL COMMENCE WITH THE EARLIEST PUBLIC RECORDS WITH CERTIFIED SEARCH THROUGH THE EFFECTIVE DATE; OR (2) A PRIOR OWNER’S TITLE INSURANCE POLICY ISSUED BY A CURRENTLY LICENSED TITLE INSURANCE COMPANY AND PARTIAL CERTIFIED ABSTRACT OR CERTIFUID SEARCH FROM THE DATE OF SUCH POLICY THROUGH THE EXFECTIVE DATE. SELLER SHALL CONVEY A MARKETABLE TITLE, SUBJECT ONLY TO LIENS, ENCUMBRANCES, EXCEPTIONS ON QUALIFICATIONS SET FORTH IN THIS CONTRACT AND THOSE WHICH SHALL BE DISCHARGED BY SELLER AT OR BEFORE CLOSING. MARKETABLE TITLE SHALL BE DETERMINED ACCORDING TO APPLICABLE TITLE - STANDARDS ADOPTED BY THE FLORIDA BaR AND IN ACCORDANCE WITH THE LAW. 40.1 PALM BEACH COUNTY: IF THE PROPERTY IS LOCATED IN PALM BEACH COUNTY, SELLER SHALL, AT SELLER’S EXPENSE, DELIVER TO BUYER OR BUYER’S ATTORNEY, A TITLE INSURANCE COMMITMENT AND POLICY ISSUED BY A FLORIDA LICENSED TITLE INSURER ACCEPTABLE TO MAJOR INSTITUTIONAL LENDERS IN THE COUNTY WHERE THE PROPERTY IS LOCATED AGREEING TO ISSUE TO BUYER, UPON RECORDING OF THE DEED TO BUYER, AN OWNER’S POLICY OF TITLE INSURANCE IN THE AMOUNT OF THE PURCHASE PRICE, INSURING MARKETABLE TITLE IN BUYER TO THE PROPERTY SUBJECT ONLY TO LIENS, ENCUMBRANCES, EXCEPTIONS OR QUALIFICATIONS SET FORTH IN THIS CONTRACT AND THOSE WHICH SHALL BE DISCHARGED BY ‘THE SELLER AT OR BEFORE CLOSING. 10.2 RELEASE OF RESERVATIONS: SELLER SHALL USE BEST EFFORTS TO OBTAIN RELEASES OF CANAL RESERVATIONS, OIL, GAS AND/OR MINERAL RESERVATIONS, If ANY. FAILURE TO RELEASE RESERVATIONS OR RIGHT OF ENTRY OF OIL, MINERAL AND GAS RESERVATIONS SHALL CONSTITUTE A TITLE DEFECT. 10.3 TITLE DEFECTS: BUYER SHALL HAVE TEN (10) DAYS FROM THE DATE OF RECEIVING EVIDENCE OF TITLE TO EXAMINE SAME. IF TITLE IS FOUND TO BE DEFECTIVE, BUYER SHALL WITHIN SAID PERIOD, NOTIFY SELLER IN WRITING SPECIFYING THE DEFECTS. If SUCH DEFECTS RENDER THE TITLE UNMARKETABLE, SELLER SHALL HAVE THIRTY (30) DAYSTROM THE RECEIPT OF SUCH NOTICE TO CURE THE DEFECTS, AND IF AFTER SAD PERIOD SELLER SHALL NOT HAVE CURED THE DEFECTS, BUYER SHALL HAVE THE OPTION OF (1) ACCEPTING TITLE AS IT THEN IS; OR (2) TERMINATING THIS CONTRACT BY DELIVERY OF WRITTEN NOTICE TO SELLER OR PAGE 2 OF 10.10: Li 107 108 109 110 ili 112 113 114 115 116 417 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 PROPERTY ADDRESS: _20 YACHT CLUB DRIVE UNIT 205-B N. PALM BEACH, FLORIDA 33408_— HIS AUTHORIZED REPRESENTATIVE, AND DEPOSITS SHALL BE RETURNED TO BUYER AND ALL PARTIES SHALL BE RELEASED FROM ALL FURTHER OBLIGATIONS HEREIN. 41. SURVEY: BUYER, AT BUYER’S EXPENSE, WITHIN THE TIME ALLOWED TO DELIVER EVIDENCE OF TITLE AND TO EXAMINE SAME, MAY HAVE THE REAL PROPERTY SURVEYED AND CERTIFIED BY A REGISTERED FLORIDA SURVEYOR. If THE SURVEYOR SHOWS ENCROACHMENTS ON REAL PROPERTY OR THAT IMPROVEMENTS LOCATED ON THE REAL PROPERTY ENCROACH ON SETBACK LINES, EASEMENTS, LANDS OF OTHERS, OR VIOLATE ANY RESTRICTIONS, CONTRACT COVENANTS OR APPLICABLE GOVERNMENTAL REGULATION, THE SAME SHALL CONSTITUTE A TITLE DEFECT. IF THE PROPERTY IS LOCATED EAST OF THE INTRACOASTAL WATERWAY IT MAY BE AFFECTED BY THE COASTAL CONSTRUCTION CONTROL LINE AS DEFINED INES. 161.053. 42. CONVEYANCE: SELLER. SHALL CONVEY TITLE TO REAL PROPERTY BY STATUTORY WARRANTY, OR FIDUCIARY SPECIAL WARRANTY DEED, IF APPLICABLE, SUBJECT ONLY TO LAND USE DESIGNATION, ZONING RESTRICTION, PROHIBITIONS AND OTHER REQUIREMENTS IMPOSED BY GOVERNMENTAL AUTHORITY; RESTRICTIONS, EASEMENTS AND OTHER MATTERS APPEARING ON THE PLAT OR OTHERWISE COMMON TO THE SUBDIVISION; PUBLIC UTILITY EASEMENTS OF RECORD WHICH ARE LOCATED CONTIGUOUS TO REAL PROPERTY LINES AND NOT MORE THAN TEN (10) FEET IN WIDTH AS TO THE REAR OR FRONT LINES AND NOT MORE THAN 7 *& FEET IN WIDTH AS TO THE SIDE LINES (UNLESS OTHERWISE SPECIFIED HEREIN); TAXES FOR THE YEAR OF CLOSING AND SUBSEQUENT YEARS; ASSUMED MORTGAGES AND PURCHASE MONEY MORTGAGES, IF ANY, (PROVIDING THERE EXISTS AT CLOSING NO VIOLATION OF THE FOREGOING AND NONE OF THEM PREVENTS THE USE OF THE PROPERTY FOR THE PURPOSES REPRESENTED IN THIS CONTRACT); MATTERS CONTAINED IN THIS CONTRACT AND MATTERS ACCEPTED BY BUYER. PERSONALTY SHALL, AT REQUEST OF THE BUYER, BE TRANSFERRED BY AN ABSOLUTE BILL OF SALE WITH WARRANTY OF TITLE, SUBJECT ONLY TO OTHER MATTERS AS ARE OTHERWISE PROVID) ; : PAGE 3 OF I 60 PROPE 20 Y, 61 | ; A Lee Le 162 oe 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 5. if 196 08 15. INSPECTIONS REPAIRS AND MAINTENANCE: BUYER SHALL HAVE THE RIGHT, AT BUYER’S EXPENSE, 199 TO HAVE ROOF, SEAWALL, DOCK, POOL, ELECTRICAL, PLUMBING, SPRINKLER SYSTEM, WINDOW, SEPTIC SYSTEM, RADON, HAZARDOUS SUBSTANCE, ENVIRONMENTAL, TERMITE, WOOD DESTROYING ORGANISM, AIR 200 CoNDITIONING AND HEATING SYSTEM, MECHANICAL, STRUCTURE AND OTHER INSPECTIONS MADE BY 201 JNSPECTORS QUALIFIED AND LICENSED TO PERFORM SUCH SERVICES. ALL WRITTEN REPORTS OF INSPECTIONS 202 TOGETHER WITH THE COST OF REPAIRS AND TREATMENTS, SHALL BE DELIVERED TO SELLER OR SELLER’S 203 AUTHORIZED REPRESENTATIVE WITHIN FIFTEEN DAYS (15) AFTER THE EFFECTIVE DATE EXCEPT ANY WOOD 204 DESTROYING ORGANISM INSPECTION REPORT SHALL BE DELIVERED NOT LATER THAN TWENTY DAYS (20 PRIOR 205 TO THE CLOSING DATE, IF SUCH REPORTS ARE NOT DELIVERED WITHIN THE STATED TIME, BUYER IS DEEMED TO HAVE ACCEPTED THE PROPERTY “AS 1S”. If SELLER DISAGREES WITH BUYER’S INSPECTION REPORTS, SELLER 206 207 SHALL HAVE THE RIGHT TO AVE INSPECTIONS MADE AT SELLER’S EXPENSE. If BUYER’S AND SELLER’S 208 INSPECTION REPORTS DO NOT AGREE, THE PARTIES SHALL AGREE ON A THIRD INSPECTOR, WHOSE REPORT 209 SHALL BE BINDING. THE COST OF THE THIRD INSPECTOR SHALL BE PAID EQUALLY BETWEEN BUYER AND 210 SELLER. _ 11 PAGE 4 OF L0yDM\NISTRATIVE COMPLAINT 212 exeneit GE Ho uF PF. \er on 274 PROPERTY ADDRESS: _20 YACHT CLUB DRIVE UNIT 205-B N. PALM BEACH, FLORIDA 33408__ 15.1 DEFECTS: If INSPECTIONS REVEAL FUNCTIONAL DEFECTS, OR IF THERE IS ANY TERMITE OR WOOD DESTROYING .ORGANISM. INFESTATION OR DAMAGE, THE COST OF TRE EXPENSE OF. THE SELLER. AGE ALONE 1S NOT A FUNCTIONAL DEFECT NOR ARE AESTHETIC DEFECTS WHICH INCLUDE: CRACKED ROOF TILES, PITTED MARCITE; MISSING OR TORN SCREENS; FOGGED WINDOWS; TEARS, WORN SPOTS AND DISCOLORATION OF FLOOR COVERINGS/WALLPAPERS/WINDOW TREATMENTS; NAIL HOLES, SCRATCHES, DENTS SCRAPES, CHIPS AND CAULKING IN CEILINGS/WALLS/FLOORING/TILE/FIXTURES/ MIRRORS; AND MINOR CRACKS. IN FLOOR TILE/WINDOWS/DRIVEWAYS/SIDEWALKS/POOL DECKS/GARAGE AND PATIO FLOORS. SELLER 1S NOT OBLIGATED TO BRING ANY ITEM INTO COMPLIANCE WITH EXISTING BUILDING CODE RECULATIONS IF SUCH ITEM COMPLIED WITH BUILDING CODE REGULATIONS AT THE TIME IT WAS CONSTRUCTED UNLESS NECESSARY TO REPAIR A ‘WARRANTED ITEM. 15.2 LIMITATION: IF THE COST OF REPAIRS AND TREATMENTS EXCEEDS _ONE 1 %_, BUYER OR SELLER MAY ELECT TO PAY SUCH EXCESS, FATLING WHICH, EITHER PARTY MAY ‘TERMINATE THIS CONTRACT BY DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY OR His AUTHORIZED REPRESENTATIVE AND DEPOSITS SHALL BE RETURNED TO BUYER AND ALL PARTIES SHALL BE. RELEASED FROM ALL FURTHER OBLIGATIONS HEREIN. "145.3. WALK THROUGH INSPECTIONS: BUYER 18 ENTITLED TO A WALK THROUGH INSPECTION IMMEDIATELY PRIOR TO CLOSING TO VERIFY COMPLIANCE WITH THIS SECTION AND TO VERIFY THAT NO MAJOR FUNCTIONAL DEFECTS HAVE OCCURRED SUBSEQUENT TO THE INSPECTIONS. SELLER WARRANTS THAT ALL APPLIANCES AND MACHINERY INCLUDED IN THIS SALE SHALL BE IN WORKING ORDER AT CLOSING. 15.4 UTILITOES: SELLER SHALL PROVIDE UTILITY SERVICES FOR ALL YNSPECTIONS. ALL PARTIES AND THEIR AUTHORIZED REPRESENTATIVE HAVE THE RIGHT TO BE PRESENT AT ALL INSPECTIONS AND SHALL BE GIVEN REASONABLE NOTICE OF THE SCHEDULE OF INSPECTIONS. : 15.5 ESCROW FOR REPAIRS: IF REPAIRS AND TREATMENTS ARE NOT COMPLETED PRIOR TO CLOSING, UNLESS PROHIBITED BY LENDER, SUFFICIENT FUNDS SHALL BE ESCROWED AT CLOSING TO EFFECT SUCH REPAIRS AND TREATMENTS. 15.6 MAINTNANCE: BETWEEN THE EFFECTIVE DATE AND. THE CLOSING, SELLER SHALL MAINTAIN THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE LAWN AND SHRUBBERY, IN.THE SAME CONDITION AS OF THE EFFECTIVE DATE, ORDINARY WEAR AND TEAR EXCEPTED. SELLER SHALL VACATE THE PROPERTY AND REMOVE ALU FURNITURE AND PERSONAL ITEMS NOT INCLUDED IN THE SALE, LEAVE THE PROPERTY-IN CLEAN, BROOM- SWEPT CONDITION BEFORE THE TIME SET FOR CLOSING. : ‘ 16. ENVIRONMENTAL CONDITION: SELLER IS NOT AWARE OF ANY PRIOR OR EXISTING ENVIRONMENTAL CONDITION, SITUATION OR INCIDENT ON, AT, OR CONCERNING THE PROPERTY OR ANY ADJACENT PROPERTY ‘THAT MAY GIVE RISE AS AGAINST THE SELLER OR THE PROPERTY TO AN ACTION OR TO LIABILITY UNDER ANY LAW, RULE, ORDINANCE OR COMMON LAW THEORY. THIS REPRESENTATION SHALL SURVIVE THE CLOSING, 17. INSURANCE: THE PREMIUM ON ANY HAZARD OR FLOOD INSURANCE POLICY IN FORCE COVERING IMPROVEMENTS ON THE PROPERTY SHALL BE PRORATED BETWEEN THE PARTIES, IF ASSUMED. IF INSURANCE IS TO BE PRORATED, SELLER SHALL, AT CLOSING, FURNISH TO, BUYER ALL INSURANCE POLICIES OR COPIES THEREOF. IF INSURANCE CANNOT BE OBTAINED BECAUSE OF TROPICAL STORM ACTIVITY, EITHER PARTY MAY DELAY CLOSING UNTIL INSURANCE CAN BE OBTAINED. : 18. SERVICE CONTRACTS: BUYER HAS THE RIGHT OF ACCEPTING OR REJECTING ANY CONTINUATION OF SERVICE CONTRACTS, PROVIDED THE SERVICE CONTRACTS ARE ASSIGNABLE TO BUYER. If ACCEPTED, THE COST THEREOF SHALL BE PRORATED. ANY TRANSFER FEE SHALL BE PAID BY BUYER. 49, INGRESS AND EGRESS: SELLER COVENANTS AND WARRANTS THAT THERE 1S INGRESS AND EGRESS TO THE PROPERTY OVER PUBLIC AND PRIVATE ROADS OR EASEMENTS. 20. LEASES: UNLESS INDICATED UNDER SPECIAL CLAUSES, AT CLOSING THERE SHALL BE NO LEASE OR RIGHT OF OCCUPANCY ENCUMBERING THE PROPERTY. IF APPLICABLE, SELLER SHALL, TEN (10) DAYS PRIOR TO CLOSING, FURNISH TO BUYER COPIES OF ALL WRITTEN LEASES AND ESTOPPEL LETTERS FROM EACH TENANT SPECIFYING THE NATURE AND DURATION OF EACH TENANT’S OCCUPANCY, RENTAL RATE, ADVANCER RENTS OR SECURITY DEPOSITS PADD BY TENANT. Jv SELLER IS UNABLE TO OBTAIN ESTOPPEL LETTERS FROM TENANTS, THE SAME INFORMATION MAY BE FURNISHED BY SELLER TO BUYER IN THE FORM OF A SELLER’S AFFIDAVIT. 21, SELLER’S AFFIDAVIT: SELLER SHALL FURNISH TO BUYER AT CLOSING AN AFFIDAVIT ATTESTING TO ‘THE ABSENCE OF ANY FINANCING STATEMENTS, CLAIMS OF LIEN OR POTENTIAL LIENORS KNOWN TO SELLER. IF THE PROPERTY HAS BEEN IMPROVED IN THE LAST NINETY (90) DAYS PRIOR TO CLOSING, SELLER SHALL DELIVER TO BUYER AN AFFIDAVIT SETTING FORTH NAMES AND ADDRESS OF ALL CONTRACTORS, SUBCONTRACTORS, SUPPLIERS AND MATERIALMEN AND STATING ‘THAT ALL BIDS FOR WORK ON PROPERTY HAVE BEEN PAID. BUYER , ADWINISTRATIVE COMPLAINT PAGE 5 OF 10 DD s AT PLAUNT EXHIBIT #_f PAGE 2 OF 175 276 277 278 279 280 221 282 283 284 285 286 287 288 289 290 291 292 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 PROPERTY ADDRESS: _20 YACHT CLUB DRIVE UNIT 205-B N..PALM BEACH, FLORIDA 33408__ MAY REQUIRE RELEASES OF ALL SUCH POTENTIAL LIENS. THE AFFIDAVIT SHALL STATE THAT THERE ARE NO MATTERS PENDING AGAINST SELLER THAT COULD GIVE RISE TO A’ LIEN THAT WOULD ATTACH TO THE PROPERTY BETWEEN THE DISBURSING OF THE CLOSING FUNDS AND RECORDING OF THE INSTRUMENT OF CONVEYANCE, AND THAT THE SELLER HAS NOT, AND WILL NOT, EXECUTE ANY INSTRUMENT THAT COULD ADVERSELY AFFECT THE TITLE TO THE PROPERTY. 22. DOCUMENTS FOR CLOSING: IF APPLICABLE, SELLER SHALL PREPARE AND PROVIDE DEED, PURCHASE MONEY MORTGAGE NOTE, ASSIGNMENT OF LEASES, BILL OF SALE, SELLER’S AFFIDAVIT, FI AFFIDAVIT, SURVEY OR AFFIDAVIT REGARDING COASTAL CONSTRUCTION CONTROL LINE, F.S. 161.57, AND ANY CORRECTIVE INSTRUMENTS THAT MAY BE REQUIRED IN CONNECTION WITH PERFECTING THE TITLE. BUYER’S CLOSING AGENT SHALL PREPARE THE CLOSING STATEMENT. 23. EXPENSES: ABSTRACTING PRIOR TO CLOSING, GOVERNMENTAL LIEN SEARCHES, COST OF OBTAINING PAYOFF AND ESTOPPEL LETTERS, STATE DOCUMENTARY STAMPS ON THE DEED AND THE COST OF RECORDING ANY CORRECTIVE INSTRUMENTS, SHALL BE PAID BY SELLER. INTANGIBLE PERSGNAL PROPERTY TAXES AND DOCUMENTARY STAMPS TO BE AFFIXED TO THE PURCHASE MONEY MORTGAGE, IF ANY, OR REQUIRED ON ANY MORTGAGE MODIFICATION, THE COST OF RECORDING THE DEED AND PURCHASE MONEY MORTGAGE AND DOCUMENTARY STAMPS AND RECORDING COSTS ASSESSED JN CONNECTION WITH ASSUMPTION OF ANY EXISTING MORTGAGE SHALL BE PAID BY BUYER. 24. PRORATION: TAXES, INSURANCE, ASSUMED INTEREST, UTELITIES, RENTS, AND OTHER EXPENSES AND REVENUES OF THE PROPERTY SHALL BE PRORATED THROUGH THE DAY OF CLOSING. TAXES SHALL BE PRORATED ON THE CURRENT YEAR’S TAX, IF KNOWN. Ir THE CLOSING OCCURS AT A DATE WHEN THE CURRENT - TAX YEAR’S TAXES ARE NOT FIXED, AND THE CURRENT YEARS ASSESSMENT 1S AVAILABLE, TAXES WILL BE PRORATED BASED UPON SUCH ASSESSMENT AND THE PRIOR YEAR’S MILLAGE. If THE CURRENT YEAR’S ASSESSMENT IS NOT AVAILABLE, THEN THE TAXES WILL BE PRORATED ON THE PRIOR YEAR’S TAX; PROVIDED, HOWEVER, IF THERE ARE COMPLETED IMPROVEMENTS ON THE PROPERTY BY JANUARY 1ST OF THE YEAR OF CLOSING, WHICH IMPROVEMENTS WERE NOT IN EXISTENCE ON JANUARY 1ST OF THE PRIOR YEAR, THEN TAXES SHALL BE PRORATED TO THE DATE OF CLOSING BASED UPON THE PRIOR YEAR’S MILLAGE AND AT AN EQUITABLE ASSESSMENT TO BE AGREED UPON BETWEEN THE PARTIES, FAILING WHICH, REQUEST WILL BE MADE TO THE COUNTY TAX ASSESSOR FOR AN INFORMAL TAX ASSESSMENT TAKING INTO CONSIDERATION HOMESTEAD EXEMPTION, If ANY. HOWEVER, ANY TAX ASSESSMENT BASED ON AN ESTIMATE MAY, AT THE REQUEST OF ANY PARTY TO THE TRANSACTION, BE SUBSEQUENTLY READJUSTED UPON RECEIPT OF AS TAX BILL. ALL SUCH PRORATIONS WHETHER BASED ON ACTUAL TAX OR ESTIMATED TAX WILL MAKE APPROPRIATE ALLOWANCE FOR THE MAXIMUM ALLOWABLE DISCOUNT FOR HOMESTEAD OR OTHER EXEMPTIONS IF ALLOWED FOR THE - CURRENT YEAR. THE COVENANTS IN THIS PARAGRAPH SHALL SURVIVE CLOSING. : 25. SPECIAL ASSESSMENT LIENS: CERTIFIED, CONFIRMED, AND RATIFIED SPECIAL ASSESSMENT LIENS AS OF THE EFFECTIVE DATE ARE TO BE PAID BY SELLER. PENDING LIENS AS OF THE EFFECTIVE DATE SHALL BE ASSUMED BY BUYER. 26. PLACE OF CLOSING: CLOSING SHALL BE HELD AT THE OF TICE OF THE BUYER’S CLOSING AGENT IF LOCATED WITHIN THE COUNTY WBSERE THE PROPERTY 15 LOCATED, AND IF NOT, THEN AT THE OFFICE OF THE -SELLER’S CLOSING AGENT IF LOCATED WITHIN ‘HE COUNTY WHERE THE PROPERTY IS LOCATED, AND IF NOT, THEN AT SUCH PLACE AS MUTUALLY AGREED UPON. IF A PORTION OF THE PURCHASE PRICE IS TO BE DERIVED FROM INSTITUTIONAL FINANCING OR REFINANCING; THE REQUIREMENTS OF THE LENDING INSTITUTION AS TO PLACE, TIME, AND PROCEDURES FOR CLOSING SHALL CONTROL, ANYTHING IN THIS CONTRACT TO THE CONTRARY. NOTWITHSTANDING. 27. PROCEEDS OF SALE AND CLOSING PROCEDURE: THE DEED SHALL BE RECORDED AND EVIDENCE OF ‘TITLE CONTINUED AT BUYER’S EXPENSE, TO SHOW TITLE IN BUYER, WITHOUT ANY ENCUMBRANCES OR CHANGES WHICH WOULD RENDER SELLER’S TITLE UNMARKETABLE, FROM THE DATE OF THE LAST EVIDENCE, AND. THE CASH PROCEEDS OF SALE MAY BE HELD IN ESCROW BY SELLER’S ATTORNEY OR BY SUCH OTHER ESCROW AGENT AS MAY BE MUTUALLY AGREED UPON FOR A PERIOD NOT LONGER THAN TEN (10) DAYS. IF SELLER’S TITLE IS RENDERED UNMARKETABLE, BUYER’S CLOSING AGENT SHALL, WITHIN SAID TEN (10) DAY PERIOD NOTIFY SELLER, OR SELLER’S ATTORNEY IN WRITING OF THE DEFECT, AND SELLER SHALL HAVE THIRTY (30) DAYS FROM THE DATE OF RECEIPT OF SUCH NOTICE TO CURE SAID DEFECT AND SHALL USE BEST EFFORTS TO DO SO. JF SELLER FAILS TO ‘TIMELY CURE SUCH DEFECT, ALL MONIES PAID HEREUNDER BY THE BUYER SHALL, UPON WRITTEN DEMAND THEREFORE, AND WITHIN FIVE (5) DAYS THEREAFTER, BE RETURNED TO THE BUYER AND, SIMULTANEOUSLY WITH SUCH PAYMENT, BUYER SHALL VACATE THE PROPERTY AND RECONVEY THE PROPERTY TO SELLER BY SPECIAL WARRANTY DEED. IF BUYER FAILS TO MAKE TIMELY ADMINISTRATIVE COMPLAINT. exnipit al PAGE _¥ ed OF een om ff” f PAGE 6 OF 10 29 330 331 332 333 335. 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381. 382 PROPERTY ADDRESS: _20 YACHT CLUB DRIVE UNIT 205-B N. PALM BEACH, FLORIDA 33408_ DEMAND FOR REFUND, HE SHALL TAKE TITLE “AS IS”, WAIVING ALL RIGHTS AGAINST SELLER AS TO SUCH INTERVENING DEFECT AS TO SUCH RIGHTS AS MAY BE AVAILABLE TO BUYER BY VIRTUE OF WARRANTIES CONTAINED IN DEED, ALL PAYMENTS INCLUDING MORTGAGE PROCEEDS SHALL BE MADE IN THE FORM OF DS. CURRENCY, CASHIER’S CHECK OR EQUIVALENT DRAWN ON A FINANCIAL INSTITUTION WITH BRANCHES IN BROWARD, DADE OR PALM BEACH COUNTY WHICH MUST HAVE AT LEAST ONE BRANCH IN THE COUNTY WHERE THE PROPERTY IS LOCATED. THE FOREGOING NOTWITHSTANDING, If TITLE INSURANCE IS AVAILABLE, AT STANDARD RATES INSURING BUYER AS TO ANY TITLE DEFECTS ARISING BETWEEN THE EFFECTIVE DATE OF TITLE COMMITMENT AND RECORDING OF BUYER’S DEED, PROCEEDS OF SALE SHALL. BE DISBURSED TO SELLER AT CLOSING. . 27.1 POSSESSION AND OCCUPANCY WILL BE DELIVERED TO BUYER AT CLOSING AND FUNDING. 27.2 THE BROKER’S PROFESSIONAL SERVICE FEE SHALL BE DISBURSED SIMULTANEOUSLY WITH DISBURSEMENT OF SELLER’S CLOSING PROCEEDS. 28. ESCROW: ANY ESCROW AGENT (“ESCROW AGENT”) RECEIVING FUNDS OR. EQUIVALENT IS AUTHORIZED ‘AND AGREES BY ACCEPTANCE OF THEM TO DEPOSIT THEM PROMPTLY, HOLD SAME IN ESCROW AND, SUBJECT TO CLEARANCE, DISBURSE THEM IN ACCORDANCE WITH THIS CONTRACT. FAILURE OF CLEARANCE OF FUNDS SHALL NOT EXCUSE BUYER’S PERFORMANCE. IF IN DOUBT AS TO ESCROW AGENTS DUTIES AND LIABILITIES UNDER THE PROVISIONS OF THIS CONTRACT, ESCROW AGENT MAY, AT Escrow AGENT’S OPTION, CONTINUE TO HOLD THE SUBJECT MATTER IN ESCROW UNTIL THE PARTIES MUTUALLY AGREE TO ITS DISBURSEMENT, OR UNTIL JUDGMENT OF COMPETENT JURISDICTION SHALL DETERMINE THE RIGHTS OF THE PARTIES, OR ESCROW AGENT MAY DEPOSIT THE SUBJECT MATTER WITH THE CLERK OF THE CIRCUIT COURT HAVING JURISDICTION OF THE DISPUTE. UPON NOTIFYING ALL PARTIES CONCERNED OF SUCH ACTION, ALL LIABILITY ON THE.PART OF ESCROW AGENT SHALL FULLY TERMINATE, EXCEPT TO THE EXTENT OF ACCOUNTING FOR ANY ITEMS PREVIOUSLY DELIVERED OUT OF ESCROW. Ir A LICENSED REAL ESTATE BROKER, ESCROW AGENT WILL COMPLY WITH PROVISIONS OF CHAPTER 475, F.S. (1987), AS AMENDED. ANY SUIT BETWEEN BUYER AND SELLER WHERE . ESCROW AGENT IS MADE A PARTY BECAUSE OF ACTING AS ESCROW AGENT HEREUNDER, OR IN ANY SUIT WHEREIN ESCROW AGENT INTERPLEADS THE SUBJECT MATTER OF THE ESCROW, ESCROW AGENT. SHALL RECOVER REASONABLE ATTORNEY’S FEES AND COSTS INCURRED WITH THE FEES AND COSTS INCURRED WITH ‘THE FEES AND COSTS TO BE CHARGED AND ASSESSED AS COURT COSTS IN FAVOR OF THE PREVAILING PARTY. PARTIES AGREE THAT ESCROW AGENT SHALL NOT BE LIABLE TO ANY PARTY OR PERSON FOR. MISDELIVERY TO BUYER OR SELLER OF ITEMS SUBJECT TO THIS ESCROW, UNLESS SUCH MISDELIVERY IS DUE TO WILLFUL BREACH OF CONTRACT OR GROSS NEGLIGENCE OF ESCROW AGENT. . 29, RISK OF LOSS: Ir THE IMPROVEMENTS ARE DAMAGED BY FIRE OR OTHER CASUALTY BEFORE DELIVERY OF THE DEED AND CAN BE RESTORED TO SUBSTANTIALLY THE SAME CONDITION AS EXISTING ON THE EFFECTIVE DATE WITHIN A PERIOD OF SIXTY (60) DAYS THEREAFTER, SELLER MAY RESTORE THE IMPROVEMENTS AND THE CLOSING DATE OF DELIVERY AND POSSESSION SHALL BE EXECUTED ACCORDINGLY. IF SELLER FAILS TO DO so, BUYER SHALL HAVE THE OPTION OF (1) TAKING THE PROPERTY “AS JS” TOGETHER WITH INSURANCE PROCEEDS, mw ANY, OR (2) TERMINATING THIS CONTRACT BY DELIVERY OF WRITTEN NOTICE TO SELLER ‘OR HIS AUTHORIZED REPRESENTATIVE, AND DEPOSITS SHALL BE RETURNED TO BUYER AND ALL PARTIES SHALL BE SUCH EVENT. Ir BUYER FAILS TO PERFORM ANY OF THE COVENANTS OF THIS CONTRACT, ALL MONEY PADD OR TO BE PAID BY BUYER PURSUANT TO THIS CONTRACT SHALL BE RETAINED BY OR FOR THE ACCOUNT OF THE SELLER AS CONSIDERATION FOR ‘THE EXECUTION OF THIS CONTRACT AND AS LIQUIDATED DAMAGES AND. IN FULL SETTLEMENT OF ANY CLAIMS FOR DAMAGES AND SPECIFIC PERFORMANCE BY SELLER AGAINST BUYER. Ir SELLER FAILS TO PERFORM ANY OF THE COVENANTS OF THIS CONTRACT, ALL MONEY PAID OR DEPOSITED BY BUYER PURSUANT TO THIS CONTRACT SHALL BE RETURNED TO THE BUYER UPON DEMAND, OR BUYER SHALL AVE THE RIGHT TO SPECIFIC PERFORMANCE. IN ADDITION, THE S LER SHALL PAY FORTHWITH TO BROKER(S) ADMINISTRATIVE COMPLAINT PAGE7OF10 EXHIBIT +4 | PACE 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 PROPERTY ADDRESS: _20 YACHT CLUB DRIVE UNIT 205-B N. PALM BEACH, FLORIDA 33408__ THE FULL PROFESSIONAL SERVICE FEE PROVIDED FOR IN THIS CONTRACT. ANY CONTROVERSY OR CLAIM BETWEEN BUYER AND SELLER ARISING OUT OF OR RELATING TO THIS CONTRACT, OR A BREACH THEREOF, MAY BE SUBMITTED TO MEDIATION PRIOR TO ARBITRATION OR LITIGATION. THE PARTIES OF THE MEDIATION SHALL PAY THE MEDIATOR’S FEES EQUALLY. ANY OF THE ABOVE PROCEEDINGS SHALL BE BROUGHT IN THE COUNTY WHERE THE REAL PROPERTY IS-LOCATED AND SHALL BE CONDUCTED PURSUANT TO FLORIDA STATUTES RELATING TO MEDIATION, ARBITRATION OR LITIGATION. 33, CONTRACT NOT RECORDABLE AND PARTIES BOUND: THE BENEFITS AND OBLIGATIONS OF THE COVENANTS HEREIN SHALL INURE TO AND BIND THE RESPECTIVE HEIRS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (WHEN ASSIGNMENT PERMITTED) OF THE PARTIES HERETO. WHENEVER USED, THE SINGULAR NUMBER SHALL INCLUDE THE PLURAL, THE PLURAL THE SINGULAR, AND THE USE OF ANY GENDER SHALL INCLUDE ALL GENDERS. NEITHER THIS CONTRACT NOR ANY NOTICE SHALL BE RECORDED IN ANY PUBLIC RECORDS. 34, SURVIVAL OF CONENANTS AND SPECIAL COVENANTS: NO PROVISIONS, COVENANT OR WARRANTY OF THIS CONTRACT SHALL SURVIVE THE CLOSING EXCEPT AS EXPRESSLY PROVIDED HEREIN. 35, CONCURRENCY: NO REPRESENTATION IS MADE REGARDING THE ABILITY TO CHANGE THE CURRENT USE OF OR TO IMPROVE THE PROPERTY UNDER THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT (CHAPTER 163 ET SEQ., FLORIDA STATUTES) OR ANY COMPREHENSIVE PLAN OR OTHER SIMILAR ORDINANCE PROMULGATED BY GOVE -NTAL AUTHORITIES IN ACCORDANCE WITH THE ACT. 36. ‘FORPTA: ALL PARTIES ARE ADVISED THAT THE LRB.S. CODE REQUIRES BUYER TO WITHHOLD TEN PERCENT (10%) OF THE PURCHASE PRICE FOR TAX ON SALES BY CERTAIN FOREIGNERS. THE TAX WILL.BE WITHHELD UNLESS AFFIDAVITS OF COMPLIANCE WITH THE LR.S. CODE OR AND. LR.S. QUALIFYING STATEMENT ARE PROVIDED TO BUYER AT CLOSING. 37. DISCLOSURES: . 37.1 RADON GAS: RADON JS A NATURALLY OCCURRING 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 BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEATH UNIT. . 37.2 ENERGY-EFFICIENCY RATING: “IN ACCORDANCE WITH THE FLORIDA BUILDING JEINERGY-EFFICIENCY RATING ACT {CHAPTER 553, PART XI, F.S. (1993)}, THE BUYER OF REAL PROPERTY WITH A BUILDING FOR OCCUPANCY LOCATED THEREON IS NOTIFIED THAT THE BUYER MAY HAVE THE BUILDING’S ENERGY-EFFICIENCY RATING DETERMINED.” BUYER ACKNOWLEDGES RECEIPT OF THE “FLORIDA ENERGY-EFFICIENCY RATING SYSTEM” DISCLOSURE. 37.3 CLOSING COSTS: BUYER MAY BE REQUIRED TO PAY ADDITIONAL CLOSING COSTS, INCLUDING, BUT NOT LIMITED TO: ATTORNEY’S FEES, CASUALTY INSURANCE PREMIUMS, PROPERTY TAX PRORATIONS, RECORDING COSTS, SURVEY COSTS, COURIER FEES, TAX SERVICE FEES, UNDERWRITING FEES, DOCUMENT PREPARATION FEES, UTILITY SEARCH FEES, OWNER AND MORTGAGE TITLE INSURANCE PREMIUMS, TAXES, AND COSTS ASSOCIATED WITH OBTAINING FINANCING, SUCH AS: APPLICATION FEE, APPRAISAL FEE, CREDIT REPORT FEE, AND POINTS FOR ASSUMPTION FEE. ‘ 37.4 SELECTION OF SERVICE PROVIDERS: IF BROKER(S) GIVE BUYER OR SELLER REFERRALS TO PROFESSIONAL PERSONS, SERVICE PRODUCT PROVIDERS OR VENDORS OF ANY TYPE, INCLUDING BUT NOT LIMITED TO, LENDING INSTITUTIONS, LOAN BROKERS, ATTORNEYS, TITLE INSURERS, ESCROW COMPANIES, INSPECTORS, STRUCTURAL ENGINEERS, PEST CONTROL COMPANIES, CONTRACTORS, AND HOME WARRANTY COMPANIES (“PROVIDERS”), THE REFERRALS ARE GIVEN BASED ON THE FOLLOWING DISCLOSURES: 37.4.1 BUYER AND SELLER ARE FREE TO SELECT PROVIDERS OTHER THAN THOSE REFERRED OR RECOMMENDED BY BROKER(S). 37.4.2 BROKER(S) DO NOT GUARANTY THE PERFORMANCE OF ANY PROVIDERS. 38. DISCLOSURE OF LATENT DEFECTS: SELLER SPECIFICALLY ACKNOWLEDGES AND UNDERSTANDS THAT m SELLER KNOWS OF LATENT DEFECTS MATERIALLY AFFECTING THE VALUE OF THE PROPERTY, WHICH ARE DEFECTS NOT READILY OBSERVABLE, THEN SELLER 1S UNDER A DUTY TO DISCLOSE SAID LATENT DEFECT ‘TO Buver. SELLER REPRESENTS THAT IF SELLER KNOWS OF SAID LATENT DEFECTS, THEY ARE SET FORTH IN WRITING UNDER “SPECIAL CLAUSES” BELOW OR HAVE BEEN SEPARATELY DISCLOSED BY SELLER AND ACKNOWLEDGED IN WRITING BY BUYER. SELLER AND BUYER AGREE TO INDEMNIFY AND HOLD. HARMLESS BROKER(S) FROM DAMAGES RESULTING FROM INACCURACY OF THIS INFORMATION. THE COVENANTS IN THIS PARAGRAPH SHALL SURVIVE THE CLOSING. a PAGE 8 OF 10 ADMINISTRATIVE COMELAINT EXHIBIT #_] PAGE _ OF PROPERTY ADDRESS:_ 20 YACHT CLUB DRIVE UNIT 205-B N. PALM BEACH, FLORIDA 33408___ 39. FINAL AGREEMENT: THIS CONTRACT REPRESENTS THE FINAL AGREEMENT OF THE PARTIES AND NO AGREEMENTS OR REPRESENTATIONS,. UNLESS INCORPORATED INTO THIS CONTRACT, SHALL BE BINDING ON THE PARTIES. TYPEWRITTEN PROVISIONS SHALL SUPERSEDE PRINTED PROVISIONS AND HANDWRITTEN PROVISIONS SHALL SUPERSEDE TYPEWRITTEN PROVISIONS AND/OR PRINTED PROVISIONS. SUCH HANDWRITTEN OR TYPEWRITTEN PROVISIONS AS ARE APPROPRIATE MAY BE INSERTED ON THIS FORM OR ATTACHED HERETO AS AN ADDENDUM. SPECIAL CLAUSES: #1 VISITATIO! > ER AND SELLER AGREE THAT BUYER SHALL HAVE THE RIGHT TO CANCEL THIS CONTRACT, FOR ANY REASON, BY D. OF WRITTEN NOTICE TO SELLER, OR SELLER’S AGENT, ON OR BEFORE 10:00 P.M. TUESDAY, THE 18™ oF JUNE, 2002 UYER DOES NOT CANCEL THIS CONTRACT D, G THE TIME ALLOWED, THEN BUYER SHALL BE DEEMED TO HAY! THE a7) ACCEPTABLE B UYER SHALL PROCEED TO CLOSING. ” L a— #2 REGARDING CLOSING DATE ~ BUYER AND SELLER AGREE THAT SELLER SHALL HAVE UNTIL 5:00 P.M. JULY 31", 2002 TO NOTIFY BUYER, IN WRITING, THAT ‘ADDITIONAL TIME IS NEEDED BEFORE CLOSING. IF ‘SELLER DOES SO NOTIFY BUYER DURING THE TIME ALLOWED, THEN BUYER AND SELLER AGREE THAT THE CLOSING DATE OF THIS CONTRACT SHALL BE CHANGED TO SEPTEMBER 20™, 2002. ADDENDUM(S) ATTACHED: (CHECK ONE) ( )YES (X) No TYPE OF ADDENDUM(S): SIGNED JUNE 02 ADDRESS: 34 OXFORD COURT SEY, NEW JERSEY. 07446 : TELE (201) 327-8871 FAX#( 201) 327-0168 TELEH( ) FAx#(—) DEPOSIT RECEIVED: _JUNE 18™, 2002 SUBJECT TO THIS CONTRACT (af CHECK, SUBJECT TO CLEARANCE). ESCROW AGENT: CASSORIA & GOFF, P.A. TRUST ACCOUNT. BY: _J. GRANO_ $_7,000.00_BY CHECK PAGES OF 10 ADMIMISTRATIVE COMPLAINT EXHIBIT 4° i PAGE 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 S11 512 513 314 $15 516 517 518 519 520 521 523 524 525 526 527 528 529 530 531 532 $33 534 535 536 337 538 539 PROPERTY ADDRESS: _ 20 YACHT CLUB DRIVE UNIT 205-B N. PALM BEACH, FLORIDA 33408 __ ACCEPTANCE OF CONTRACT: THE SELLER HEREBY APPROVES AND ACCEPTS THE OFFER CONTAINED HEREIN AND RECOGNIZES ___FIRST ATLANTIC REALTY, INC.__ AS LISTING BROKER IN THE TRANSACTION ADDRESS: _761 WEST OAKLAND PARK BLVD, OAKLAND PARK, FLORIDA 33311__ TELE. # (984) _931-0031__BROKERMLS #_4204__ SALESPERSON PUBLIC MLS LD # BK - 0514071_ SELLER RECOGNIZES NO OTHER BROKER IN TSE TRANSACTION. luke SIGNED BY GLADYS CLUCK ON __? se , JUNE 02 ADDRESS: _20 YACHT CLUB DRIVE UNrr 205-B N. PALM BEACH, FLORIDA 33408 TELE (561 ) 627-2423 FAX#( ) TELEA( ) Fax#() THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF YOU DO NOT FULLY UNDERSTAND THIS CONTRACT, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. If YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL. THIS FORM HAS BEEN APPROVED BY THE BROWARD COUNTY BAR ASSOCIATION AND THE REALTOR ASSOCIATION OF GREATER FORT LAUDERDALE, INC. APPROVAL DOES NOT CONSTITUTE AN OPINION THAT ANY OF THE TERMS AND CONDITIONS IN THIS CONTRACT SHOULD BE. ACCEPTED BY THE PARTIES IN A PARTICULAR TRANSACTION. TERMS AND CONDITIONS SHOULD BE:‘NEGOTIATED BASED ON THE RESPECTIVE INTERESTS, OBJECTIONS AND BARGAINING POSITIONS OF ALL PARTIES. PAGE 10 oF 10 ADMINISTRATIVE COMPLAINT lfinie First Atlantic Realty, Inc. "Broker Joe” Grano, REALTOR® Cell (954) 931-0031 Fax (954) 527-4884 CONDOMINIUM ADDENDUM BUYER: ___ GEORGIA & LARRY SILVERMAN SELLER: GLADYS CLUCK. PROPERTY ADDRESS: _20 YACHT CLUB DRIVE Unrr 205 BN. PALM BEACH, FLORIDA 33408_ _ THE FOLLOWING CLAUSES SHALL AMEND ‘THe DEPOSIT RECEIPT AND CONTRACT FOR SALE AND PURCHASE (“CONTRACT”) TO WHICH THIS IS ATTACHED WHEN USED FOR THE PURCHASE AND SALE OF A CONDOMINIUM UNIT. IN THE EVENT OF INCONSISTENCIES BETWEEN THIS ADDENDUM. AND THE CONTRACT ATTACHED HERETO, THE PROVISIONS IN THIS ADDENDUM SHALL PREVAIL. 1, ASSOCIATION APPROVAL. Tuts CONTRACT IS SUBJECT TO AND CONTINGENT UPON BUYER BEING APPROVED BY THE PORTS O CALL CONDOMINIUM_ ASSOCIATION (“ASSOCIATION”) IF SUCH APPROVAL IS . REQUIRED UNDER THE GOVERNING DECLARATION OF CONDOMINIUM, OR THE ARTICLES OF INCORPORATION OR BYLAWS OF THE ASSOCIATION (HEREINAFTER REFERRED TO WITH TaE RULES OF THE ASSOCIATION AS THE “GOVERNING DOCUMENTS”). BUYER SHALL APPLY FOR SUCH APPROVAL WITHIN (TEN (10) DAYS IF THIS BLANK IS NOT FILLED IN) FROM THE LATTER OF (A) THE EFFECTIVE DATE OF THIS CONTRACT, OR (B) THE DATE WHICH BUYER RECEIVED A CURRENT COPY OF THE GOVERNING DOCUMENTS, THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE QUESTION AND ANSWER. SBEET REQUIRED UNDER SECTION 718.504 FLORIDA STATUTES. IF BUYER IS NOT APPROVED, THEN THE CONTRACT SHALL TERMINATE, ALL DEPOSITS SHALL BE RETURNED TO BUYER, WHEREUPON ALL PARTIES SHALL BE RELEASED FROM ALL FURTHER OBLIGATIONS HEREUNDER. SELLER AND BUYER SHALL PROMPTLY COMPLY WITH ALL ‘TERMS AND REQUIREMENTS OF THE GOVERNING DOCUMENTS ‘AND ASSOCIATION IN REGARD TO THE SALE OR TRANSFER OF THE PROPERTY AND SELLER AND BUYER SHALL EACH EXTEND ALL REASONABLE EFFORTS TO OBTAIN THE NECESSARY APPROVAL. ANY APPLICATION OR TRANSFER FEE CHARGED BY THE ASSOCIATION WILL BE PAID BY THE BUYER. 2. DELIVERY OF GOVERNING DOCUMENTS. UNDER SECTION 718.503, FLORIDA STATUTES, BUYER 1S ENTITLED, AT SELLER’S EXPENSE, TO A CURRENT COPY OF THE GOVERNING DOCUMENTS, THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE QUESTION AND ANSWER SHEET REQUIRED UNDER SECTION 718.504 FS. "(CHECK EITHER 2.1 OR 2.2, IF APPLICABLE) 2.1 THE BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION OF CONDOMINIUM ARTICLES OF INCORPORATION OF THE ASSOCIATION, BYLAWS, RULES AND REGULATIONS OF THE ASSOCIATION, A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE QUESTION AND ANSWER SHEET’ MORE THAN THREE (3) DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF THIS CONTRACT. [if this Section (2.1) is not checked, execution of this Addendum shall constitute a written request for the Governing Documents and Question and Answer Sheet]. ADMINISTRATIVE COMPLAINT EXHIBIT +.) pace War PAGE 1 0F4 Loliws _. CONDOMINIUM ADDENDUM (CONT.) PROPERTY ADDRESS: _ 20 YACHT CLUB DRIVE Unrr 205 BN. PALM BEACH, FLORIDA 33408 __ 2.2. X__ THIS AGREEMENT JS VOIDABLE BY BUYER. BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN THREE (3) DAYS EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION OF CONDOMINIUM ARTICLES OF INCORPORATION OF THE ASSOCIATION, BYLAWS, RULES AND REGULATIONS OF THE ASSOCIATION, 4 COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE QUESTION AND ANSWER SHEET, If SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE VIODABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FLOOR A PERIOD OF NOT MORE THAN. THREE (3) DAYS, EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS, AF TER THE BUYER RECEIVES THE DECLARATION OF CONDOMINIUM ARTICLES OF INCORPORATION OF THE ASSOCIATION, BYLAWS, RULES AND REGULATIONS OF THE ASSOCIATION, A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE QUESTION AND ANSWER SHEET, IF REQUESTED IN WRITING. BUYERS RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING. 3. RECREATION LEASE AND/OR LAND LEASE. SELLER REPRESENTS AS FOLLOWS: 31 RECREATION LEASE. THERE (X ) 1S (| ) IS NOT A RECREATION LEASE, PAYABLE QUARTERLY AT $_22.00_. PER MONTH , ASSOCIATED WITH THE UNIT. 3.2 LAND LEASE, THERE( ) IS (X)ISNOT A LAND LEASE, PAYABLE $ __- PER , ASSOCIATED WITH THE UNIT. 3.3 BLANKET MORTGAGE. THERE ( ) 1S (X) ISNOT ‘A BLANKET MORTGAGE OR OTHER FINANCING PAYABLE $ PER FOR THE A PURCHASE OF THE LAND LEASE OR RECREATION LEASE, WHICH IS NOT INCLUDED IN THE PURCHASE PRICE. ir SUCH FINANCING IS NOT ASSUMABLE THEN IT SHALL BE PAID BY THE SELLER IN FULL AT THE TIME OF CLOSING; OTHERWISE, SUCH FINANCING SHALL BE ASSUMED BY BUYER. 3.4 OTHER ; 4, ASSESSMENTS. 4.1 SELLER REPRESENTS THAT THE MAINTENANCE AND OTHER ASSESSMENTS MADE OR LEVIED BY THE ASSOCIATION OR PURSUANT TO THE GOVERNING DOCUMENTS, AS OF THE DATE OF CLOSING, ARE AS FOLLOWS: 4.1.1 MAINTENANCE: $ _162.00_ PAYABLE __QUARTERLY_- 4.1.2 SPECIAL: $ PAYABLE FOR THE FOLLOWING PURPOSE a _—eeeeeeeeeEeSeEeeEe 4.2 SELLER REPRESENTS THAT SELLER IS NOT AWARE OF ANY PENDING ASSESSMENTS, EXCEPT THOSE LISTED ABOVE AND THE FOLLOWING PURPOSES: : a 5. PAYMENTS TO BE CURRENT. ALL OF THE PAYMENTS IN PARAGRAPHS 3 AND 4 OF THIS ADDENDUM SHALL BE CURRENT AS OF THE DATE OF CLOSING SELLER SHALL BE RESPONSIBLE FOR SHALL PAY ALL SPECIAL ASSESSMENTS LEVIED AS OF THE EFFECTIVE DATE OF THIS CONTRACT « BUYER SHALL BE RESPONSIBLE FOR AND PAY ALL SPECIAL ASSESSMENTS LEVIED -AFTER THE EFFECTIVE DATE OF THIS CONTRACT. THERE WILL BE NO PRORATIONS OF THE ASSETS OR LIABILITIES, INCLUDING THE RESERVE ACCOUNTS, IF ANY, HELD BY THE ASSOCIATION. PAGE 2 OF 4 ADMINISTRATIVE COMPLAINT. EXHIBIT ¢ MA | 7 - CONDOMINIUM ADDENDUM (CONT.) PROPERTY ADDRESS: _20 YacaT CLUB DRIVE Unrr 205 B N. PALM BEACH, FLORIDA 33408_ 6. PARKING SPACES AND STORAGE. 6.1 THE FOLLOWING ARE INCLUDED IN THE SALE OF THE UNIT: 6.1.1 THE RIGHT TO USE COVERED PARKING SPACE(S) # 33 6.1.2 : 6.1.3 THE RIGHT TO USE UNCOVERED PARKING SPACE(S) # 6.1.4 6.1.3 THE RIGHT TO USE STORAGE SPACE(S) #_205_2 STORY 6.1.4 OTHER:__ 6.2 THE PARKING SPACES REFERRED TO IN PARAGRAPH 7.1 (CHECK ONE) ( ) ARE( X ) ARE NOT SUBJECT TO REASSIGNMENT BY THE ASSOCIATION. 7, DEPOSITS AND KEYS. 7.1. THE FOLLOWING DEPOSITS SHALL BE PAID TO THE ASSOCIATION BY BUYER AT CLOSING: 7.1.1 $__0.00__ SECURITY, DAMAGE AND/OR OTHER DEPOSITS REQUIRED FOR OCCUPANCY} 7.1.2 $__0.00_ PET DEPOSIT FOR (DESCRIPTION OF PET); 7.1.3 $__0.00_ Kry, CARD AND/OR OTHER ACCESS DEVICE DEPOSIT; 7.1.4 $__0.00_ MAmBOXxKEY(S); 2 KEYS : TAA $: OTHER DEPOSIT: 7.2, SELLER SHALL DELIVER AT CLOSING THE FOLLOWING NUMBER OF KEYS, CARDS AND/OR OTHER ACCESS DEVICES: TQ 0 # FOR ACCESS THE BUILDING; ; 72.2 4 # TOR ACCESS TO THE UNIT; 2-DOOR AND 2-SECURITY DOOR 723 2 # FOR ACCESS TO THE STORAGE SPACE; 724 2 # FOR ACCESS TO THE MAILBOX; 725 # FOR (OTHER): : 9, INSPECTIONS. TSE RIGHT OF INSPECTIONS AND OBLIGATION OF REPAIRS SET FORTH IN THE DeErosiT RECEIPT AND CONTRACT FOR SALE AN PURCHASE SHALL RELATE SOLELY TO THE INDIVIDUAL UNIT(S) WHICH IS THE SUBJECT OF THE CONTRACT. 10. CONVEYANCE. SELLER SHALL CONVEY TITLE TO ‘THE UNIT SUBJECT TO RESTRICTIONS AND PROBIBITIONS IMPOSED BY THE GOVERNING DOCUMENTS AND THE RULES AND REGULATIONS OF THE ASSOCIATION IN ADDITION TO THOSE ITEMS SET FORTH IN THE DEPOSIT RECEIPT AND CONTRACT FOR SALE AND PURCHASE. 11. NEW MORTGAGE. A PURCHASE MONEY MORTGAGE SHALL PROVIDE FOR ANNUAL PROOF OF PAYMENT OF TAXES AND SHALL PROVIDE FOR ANNUAL PROOF OF PAYMENT OF INSURANCE AGAINST LOSS BY FIRE OR EXTENDED COVERAGE IN THE AMOUNT NOT LESS ‘THAN THE FULL INSURABLE VALUE OF THE IMPROVEMENTS IF SUGH INSURANCE IS NOT PROVIDED BY THE ASSOCIATION. NEW MORTGAGES MAY REQUIRE ASSOCIATION APPROVAL. 12. ASSIGNMENT. THis CONTRACT IS NOT ASSIGNABLE IF APPROVAL OF BUYER BY THE ASSOCIATION IS REQUIRED UNDER THE GOVERNING DOCUMENTS. . PAGE 3 oF 4 ADMINISTRATIVE COMPLAINT EXHI g Mh be Jun-13-02 08:42 From 7-338 P.Ob7UE | PeouU Yednesday, June 12,2002 9:50 PM To! Georgia Siverman PULA aby SUE ON Lar Stee Menem meme oem - - CONDOMINIUM ADDENDUM (ConrT.) PROPERTY ADDRESS: _20 YACHT CLUB DRIVE UNIT 205 B WN, PALM BEACH, FLORIDA 33408_ 15. SPECIAL CLAUSES. BUYER SHOULD BE AWARE OF USE AND OCCUPANCY RESTRICTIONS CONTAINED IN THE GOVERNING DOCUMENTS BEFORE EXECUTING THIS CONTRACT. SIGNED BY WERMAN,_ON/3_, JUN-02 (BUYER) . ) bast? SIGNED BY _GLADYS CLUCK_ ON fy Jun-02 (SELLER) BE ADVISED: THIS FORM HAS BEEN APPROVED BY THE BROWARD COUNTY BAR ASSOCIATION AND THE REALTOR ASSOCIATION OF GREATER FORT LAUDERDALE, INC, APPROVAL DOES NOT CONSTITUTE AN OFINION THAT ANY OF THE TERMS AND CONDITIONS IN THIS ADDENDUM SHOULD BE ACCEPTED BY THE PARTIES IN A PARTICULAR JRANSACTION. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS, OBJECTIONS AND BARGAINING POSITIONS OF ALL INTERESTED PARTIES. PAGE 4 OF 4 4 ADMINISTRATIVE COMP LAINT EXHIBIy gt FIRST ATLANTIC REALTY, INCORPORATED Thursday, June 13, 2002 I/we have received the following documents pertaining to our purchase of Gladys Cluck’s condominium in Ports O Call; A current copy of the Declaration of Condominium. Article of Incorporation. Bylaws. Rules and Regulations of the East Point Condominium Association. Most Recent Year End Financial Statement. Question and Answer Sheet. AABRWNE T/we agree that if the sale does not proceed past the inspection periods, Ive shall be responsible to provide all of the above items to the Seller, or his representative in a timely manner. . sa flyer ——— | Z Geor; jverman 6 //¥, 2002 J 6 142002 Joseph A. Grano, REALTOR® (954) 931-0031 DIRECT ICICW SL IRSTA TLANTICREALTY. COM 761 W. Oakland Park Blvd. Fort Lauderdale, Florida 33309 954-931-0031 Office / 954-527-4884 Fax , ADMINISTRATIVE c EXHIBIT 4. / myPACE 1S OMPLAINT L. hyo. S.M. CASORIA, III, SQ. CASORIA & GOF, P.A. 1040 BAYVIEW DRIVE, #600 FI, LAUDERDALE, FL 33304 ; . OWNER'S AFFIDAVIT NON-FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER STATE OF Florida COUNTY OF ‘BEFORE ME, the undersigned authority, personally appeared GLADYS CLUCK, a single woman . (the "Seller"), ("Seller" refers to singular or plural as context requires) who, first being duly sworn, deposes and says: A. OWNER'S AFFIDAVIT 1. Seller is the owner of “the following described property (the "Property"): - Condominium Unit 205, PORTS O CALL CONDOMINIUM 8, a Condominium, according to the Declaration thereof, as recorded in Official Records Book 1721, at Page 3 1627, of the Public Records of Palm Beach County, Florida. , ’ Street Address: 20 YACHT CLUB DRIVE, UNIT 2053 North Palm Beach, FL 33408 2. There is no outstanding contract for the sale of the property to any person or persons whomsoever, nor anv unrecorded deed. mortaace ADMINISTRATIVE COMPLAINT exHigiT #_[ nn C SLi faao> Owner's Affidavit - page 2 B. NON-FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER Section 1445 of the Internal Revenue Code provides that a transferee ("Buyer") of a U.S. real property interest must withhold: tax at a rate of 10% of the amount realized on the disposition if the transferor ("Seller") is a foreign person. To inform the Buyer that withholding of tax is not required upon the disposition of a U.S. real property interest by the Seller, the undersigned hereby swears, affirms and certifies the following as or on behalf of the Seller: 1.’ Seller's Legal Name Is: GLADYS CLUCK, a single woman 2. Seller's Home Address or Office Address if Corporation, Partnership or Trust: 3. Seller is not a non-resident alien (if individual) or a ' £oreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Codé and Income Tax Regulations). required by law to provide CASORIA & GOFF, P.A. with your correct taxpayer identification number (TIN). If you do not so provide your TIN, you may -be subject to civil or criminal penalties imposed by law. 4. Seller's Taxpayer Identification Number: “(TIN or SSN for Individuals) NAME ‘ SOCIAL SECURITY NUMBER GLADYS CLUCK In connection with the sale or exchange of the Property you are 5. For purposes of reporting this transaction to the Internal Revenue Service on Form 1099-S, the property is Seller's » (check one): ‘ . —X Principal Residence Other Real Estate This taxpayer identification number is being provided in connection with a real estate transaction. The undersigned understand that this Certificate may be disclosed to the Internal Revenue Service by the Buyer and that any false statement aantainad hareain manta he nuntohad we Sten deen eed ow eee Poa Sores ADMINISTRATIVE COMPLAINT ExHigit #_] pane 17 oof / fos IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO ALL POTENTIAL SELLERS AND BUYERS OF REAL ESTATE You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized relationship, cither as a single agent or a transactional broker. You are advised not to disclose any information you.want to be held in confidence until you make a decision on representation.’ Single Agent Notice FLORIDA .LAW REQUIRES THAT REAL ESTATE LICENSEES. OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES. As a Single Agent, First Atlantic Realty, Inc. and its associates owe to you the following duties: 1. Dealing honestly and fairly; 2. Loyalty; 3. Confidentiality; 4. Full disclosure; 5. Obedience; 6. Accounting for all funds; 7. Skill, care and diligence in the transaction; 8. Presenting all offers in a timely manner, unless a party has previously directed the licensee otherwise, in writing; and 9. Disclosing all known facts that materially affect the value of residential real property and are not readily observable. f Ly Executed by Jogeph Grano dn _/7—, Jun-02 ADMINISTRATIVE COMPLAINT. EXHIBIT #2 PAGE of OF 4. Settlement Statement U.S. Departnent of ‘Honsing and Urban Development 7. Loan Number 03-2324-009968320-3 nts ZN 1 OMB No. 2502-0265 8, Mortgage Insuranos Case Number an al antilement costs. unts paid fo and by the a ermine afc ae hown.). are shown here for informational purposes and are not included in the totals| = 7 EATEN 3 U0.GROSS AMOUNT DUB FROM BORROWER, S0U,.GRO8S AMOUNT DUE TO SELLER : 101.Contract sales price 401, Contract sales price. 330,000.00 Te. Pessanal proper [lata Fesonal property 103,Settloment charges to borrower (line 1400) 3,513.34 |403, [104 804 a (OS £1 djastnents for items paid b selkrinudwmnce}____ ‘Adjustments forntemspaidby selicrin advance) 106,CityAown taxes to 406, City/town taxes to CS” 107.County taxes. to |. . 407,County texes to ;t—‘Cé—~*™Y 108, Assessments to 408. Assessments to |. Sd fla ag, ee i Sn SC) © CSO tat tt \20.GROES AMOUNTDUEFROMBORROWER | 335,513.34] $20,cRos6 AMOUNT DUE TO SELLER >| s20,000.00 UG. AMOUNTS PAID BY OR TN BEHALF OF BORROWER 00.REDUCTIONS IN AMOUNT DUE TO SELLER 15,000.00 [501 -Excese deposit (seninstructions) | paris 02, Sefifement charges to seller(Tine 1400 1,000.00 {509a Seller closing cast credit le 3 > a =| 3 S| f= S| Adjustments for wema unpaid by sclicr 520,City/town taxes. io S11,County toxcs: 1/02 to 7/31/02 512. Assessments 513, Ps =| '210.Cltytown taxes ta 211 .County taxes Vi/02 to 7/31/02 823,09 212 Assessments 10 | slel5|5 515, 516, s| Bo 5 NTS] ge | 83] ae 2 ES BIN ele als C20, TOTAL AMOUNTS PAID SAU TOTAL REDU INS IN BY OR IN BEHALF OF BORROWER > ue AMOUNT DUE SELLER: > 300,CASH AT SETTLEMENT FROM/Z0 BORROWER U 055 Amount duc from borrower ne [Zi [335,515.34 601. oss hmount due to Seller (line 420 | 30,00. | 302.Less amounts paid by/far bosrower (line 220) 146,823.09 |602.Less reductions in amount dueseller(line 520){ ___-21,953.09 | 303.CASH p] From [To BORROWER ) } __sanépoas e.cast BT> [From ‘SELLER p| —305,04691 x o S 8 8 = 3 PAGE] HUD-1 G86} RESPA, HB 4305.2 —ENS ADMINISTRATIVE, COMPLAINT. Division of Commission {1 6,600.00 . Fee © 804, Credit Report ta 0S, Lender's Inspection Fea 1 806. P mt Pros fo_ WASHINGION: to Encore Mortgage CT ey ~/) rs | ee | es Re es es a i rs as es es Ae ce es _____——__| | TIO. Setfement or closing fee to” Casorin & Gott, P.A. A | 102, Abstract or tillo search | 80.00 | es x) I es oe rs i a ITOH. Title Insurance, to Cason & Got, P 750.00} Risk Premium 15.00 in 7: 129,000.00 INS AMT; 330,000.00 i7TT. COORIER. to_Cxsoria & Goff, PA 1112. Recertification Fee to Casomn & Gof, PA. iy ida it poets) ;Relewses R50) q BeX ECA a yane(s) $451.50; F-Morigape(s) 451.50 i Le yd 1400, Total Settlement Charges (enter on lines 103, Section J and 502, SectionK) > CCERICATION Thave carefully reviewed the HUD 1 Scttloment Statement and to the bes! of my knowledge and belicf It isn true and acearste statement of disbursements rade on may account or by me if thix ransiction, I further cestify thet] have received a copy af the HUD ~ 1 Settlement Starement, BSTATE OF CHAMPION . Borower ede S Mtl Belle Borrower 3 5 eller be tif und scourate ccouat of 0. I have coused the funds to be disbursed in necond- CASORIA & GOFF, PA. Settlement Arent 7302 Date Tiaiée Tales Sanioieas to the United Bistes on this ormny other similarform Penalties ufioa conviction can include Ae TRUS. Code Suction 1001 and Section 1010. ADIN GRANO VUIMISTRA CATIVE COMPLAINT 4 Law Offices CASORIA & GOFF, P.A. } h = 3 a= Cy Casoria & Charles A Goff 954-564-4600 Sam Caliendo : of Counsel 954-418-8711 JULY 31, 2002 GLADYS CLUCK RE; 20 YACHT CLUB DRIVE, UNIT 205B NORTH PALM BCH, FL Dear Sir/Madam: Please transfer the sellers proceeds to the purchase of the property located at 1936 Coral Gardens Drive, Ft. Laudedale, Fl 33306 og If you have auy questions, please do not hesitate to contact the undersigned. . GLADYS CLUCK Suite 600,Bayview Bullding #1040 Bayview Drivee Fart Lauderdale, Florida 33304 eVoice: (954)564-4600 . @Fax:(954)564-9634E-Mail: Cy Casoria - casogoff1@aol.com @Charies A. Goff - casoaoff3@aol.com ADMINISTRATIVE COMPLAINT. exuipit #4 PAGE OF El tin RELEASE OF OBLIGATION (EXPRESSED OR IMPLIED) To whom it may concern, Being of sound mind and body, we, Gladys Cluck and Joseph A. Grano, the undersigned, execute and acknowledge the following: BE IT KNOWN that Gladys Cluck hereby releases Joseph A. Grano from any obligation whatsoever to repay any monies and/or loans given to Joseph A. Grano by Gladys Cluck regarding the July 31, 2002 purchase of real property located at 1956 Coral Gardens Drive Wilton Manors, Florida 33306 — also known as: CORAL GARDENS 30-7 B LOT 8 BLK 3, in Broward County Florida. This obligatory release survives from the date of said purchase to this date and from this date forward and forevermore. Sworn to and signed this 18" Day of March, 2004. thes hae? BP Zee ness) [luerk) Michael A. Mitchell Gladys Cluck 1956 Coral Gardens Drive , 1956 Coral Gardens Drive Wilton Manors, Florida 33306 Wilton Manors, Florida 33306 (954) 588-7620 (954) 630-9849 } i Acknowledged by; Va . p24 'Yy. Loch beakeryl X Witness) Wiliam L. Main Ose] , 2001 Coral Gardens Drive 1956 Coral Gardens Drive Wilton Manors, Florida 33306 Wilton Manors, Florida 33306 (954) 822-1813 (954) 931-0031 ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE OF G00/800'd LEzee iVéat 3d OSZ¢LTELOF BTi60 G002.82°O5a tay 958 CORAL GARDENS DR. ‘ORT LAUDERDALE, FL 33006-1334 YOOOORLOS 20" § Deis etek Chahine sseeemecmmrcincrenese: Leber eT dbus ara tees WE cE SOMPLA AINT PLUMES Pe a rAd EXHIBIT gk VW PAGE ae OF ay Exhibit # 2 Sfeq “Tax Year: 2002. Folia: No. 405483.0000° 1 voy Year =.” Cert Nay. t t= 4 Account. 19225+10+ 205000 Ce 62.0001 fe Geo No 494225100500" 4 a fwner GRANG, JOSEPH: A { Hy 316.88. 7,605.20" 1 3 + nm (ENTER) Transaction Detail-(F1 Next Page (F2)Previqus-Page-(F4)0rig-~\CHD)Stop.. ; wen ADMINISTRATIVE COMPLAINT EXHIBIT #_-(0 PAGE POF Exhibit # 3 A erica Advantage” GLADYS CLUCK 20 YACHT CLUB-DR. BLDG. B NO. 205 N, PALM BEACH, | FL 33408 Exhibit # 4 pan Fale Dias pp adhe iE | ny S50 2 Jae ae ZADYS CLUCK Be ks YACHT CLUB DR. BLDG. BNO, 205 PALM BEACH, FU. 35408". ADMINISTRATIVE COMPLAINT EXHIBIT 7 ! PAGE OF Exhibit #5 Sf), MEereAw EY Phess 423-46 92 Goql0g Bank of America Ve ee eee ADMINISTRATIVE. COMPLAINT, - EMHIENT _ AG it OF Exhibit #7 eh _ aS A Mero ec ev Ne as ihe co PAGE Exhibit # 8 Shex i “1956 CORAL GARDENS OR. ett “4 63-4/6890 nse FORT LAUDERDALE, FL 39206-1334 Ma . OB 300004 mr ooze 230 za4ga" 24: MoMineTe ATIVE COMPLAINT AEHEIT Exhibit # 9 af eu we Yl ft - GLADYS: CLUCK: 1956 CORAL GARDENS DR. _ WILTON MANORS, FL 33306-1334 ie Mee MES == * Bankof America... fT E SS . "gH RT oest00277 Gy t Cc - me o% Mem é BA Lop rkarr . OR30000K7! O02 AE AIS EY TOTO ETE ELIE ETP FT TAT A meedenrcneeerre Teme 7 . “oO got at goo." ; on pow” Tht ANE ADMINISTRATIVE COMPLAINE Exhibit # 1 0 | eo Ie 3 eH Qralp * - - ~~ "ett DYS CLUCK : : 56°CORAL GARDENS DR. . . 63-4830 FLT ILTON- MANQRS, FL 33906-1334 . j-- 2ay-o3 hid : ATIVE COMPLAINT, Exhibit # 11 thy ‘MANORS RAL GARDENS-DR. FL 33306-1 334° Exhibit # 12 of-lin .-G ‘ - - 9986.CORAL - WILTON: MANORS, Exhibit # 13. Shes

Docket for Case No: 07-000093PL