fp, Deasas Py _ STATE OF FLORIDA & 8 DEPARTMENT OF BUSINESS AND PROFESSIONAL regiearign FLORIDA REAL ESTATE COMMISSION 352 oS FLORIDA DEPARTMENT OF BUSINESS b> AND PROFESSIONAL REGULATION, = DIVISION OF REAL ESTATE, = Petitioner, vs. FDBPR Case N° 2007010964 WALDO TOYOS, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Waldo Toyos (“Respondent”) and ~ alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT Petitioner is a state government licensing and regulatory agency charged with the 1. 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 sales associate, issued license number 662840 in accordance with Chapter 475 of the Florida Statutes 3. The last license issued was as an inactive sales associate at 831 Cortez Street, Coral Gables, Florida 33134. 4. Atall times material on or about November 5, 2003 Respondent as Buyer entered into a contract with Michael Aliberti (Seller) for properties known as Building A, Units 2A, 5A, 6A, and 4A; of Sidoma View Condominium recorded in Official Records Book 18280, Page 4351. Public Records of Miami Dade County, Florida, and Building B, Unit 1B, 3B, 4B, and 5B, of Sidoma View Condominium recorded in Official Records Book 18280, Page 4351. Public Records of Miami Dade County, Florida (Subject Properties) for $145,000.00. A copy of the agreement for sale and purchase is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. Respondent, as Buyer, represented to Seller to have deposited $5,000.00 with Manuel M. Arvesu, Esquire, (Escrow Agent) for the purchase of the Subject Properties. 6. Respondent, as Buyer, failed to deliver to Escrow Agent a $5,000.00 deposit for the purchase of the Subject Property. COUNT I Based upon the foregoing, Respondent is guilty of failure to deposit money in an escrow account when the licensee is the purchaser of real estate under a contract where the contract requires the purchaser to place deposit money in an escrow account to be applied to the purchase price if the sale is consummated in violation of Section 475.25(1)(d)2., Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of misrepresentation, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 7. Petitioner realleges and incorporates herein Paragraphs One through Four above. 8. On or about October 10, 2002, Respondent, as Buyer, entered into a contract with Michael . A. Aliberti for a property located at 24 & 30 Sidonie Ave., Coral Gables, FL 33134 (Subject Property 2) for $385,000.00. A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 9. Respondent represented to Seller to being a licensed real estate agent registered with Interchange Realty. 10. Respondent claimed entitlement toa real estate commission equal to 3% of the sale price for the Subject Property 2. 11. At all times material on or about October 10, 2002 Respondent was not the holder ofa current valid real estate license. A copy of the licensing information is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. COUNT II Based upon the foregoing, Respondent is guilty of having operated as a sales associate without being the holder of a valid and current license as a sales associate in violation of Section 475.42(1)(a), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT IV Based upon the foregoing, Respondent is guilty of making misleading, deceptive, or fraudulent representations in or related to the practice of the licensce’s profession in violation of Section 455.227(1)(a), Florida Statutes. COUNT V Based upon the foregoing, Respondent is guilty of making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession in violation of Section 455.227(1)(m), Florida Statutes. COUNT VI . Based upon the foregoing, Respondent is guilty of exercising influence on the client for the purpose of financial gain of the licensee or a third party in violation of Section 455.227(1)(n), Florida Statutes. FURTHER ESSENTIAL ALLEGATIONS OF MATERIAL FACT 12. Petitioner realleges and incorporates herein Paragraphs One through Three above. 13. Respondent alleged to have delivered to Manuel Arvesu, a disbarred attorney as escrow agent, check # 3992 dated December 23, 2003 for $1,000,000.00 included the escrow deposit for the Subject Property. A copy of the check is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. . 14.’ At all times material, Respondent’s check #3992 dated December 23, 2003 for $1000,000.00 delivered to Manuel Arvesu, a disbarred attorney was for legal fees, unrelated to the escrow deposit for the Subject Property. A copy of correspondence is attached hereto and incorporated herein as Administrative Complaint Exhibit 5. COUNT VII Based upon the foregoing, Respondent is guilty of having obstructed or hindered in any manner the enforcement of Chapter 475, Florida Statutes or the performance of any lawful duty by any person 4 acting under the authority of Chapter 475, Florida Statutes in violation of Section 475.42(1)(i), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), 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 investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensce, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand: imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the weetiment of” Professional Re SER, EY, foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. SIGNED this__\"} day of , 2008. Department of Business and Professional Regulation Thomas O’Bryant, Jr. Director, Division of Real Estate Division of Real Estate ATTORNEY FOR PETITIONER Patrick J. Cunningham Senior Attorney Florida Bar N° 469221 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 /k PCP: RD/HF 1/08 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 6 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. AGREEMENT FOR SALE AND PURCHASE OF REAT. PROPERTY THIS AGREEMENT FOR SALE aan PURCHASE OF REAL PROPERTY, ma Sioa 2003, by and derweeg ME HAEL A. AUGERTI (‘Seilstand Waldo r" ‘ WHEREAS, Sctier agzess te sell to Buyer for the once and Rar spect and Buysr acess to purchase dom Seller 2 propery (che “? Foperty™i, in Dads County, Flonda, beng = Parisularty desecibed on Exhibit "A" amached hereto. Now, THEREFORE, = consideration of Ten Dollars {$12 GC) and orher good and valuable cons asidesation, the +" Sartes hocero de hereby ayres as follows: . 1. Purchase Price and Terps of Payment. The pure: f the Propexty (the "Suvchase Price") Lp A, Bree (SS OOS which shall be payable as follows: snall Se a surn equal tS A. Seller acknowledges the rocapt of che sum of $$.000 00. (the "Initia! Escrow Deposit") paid to Manuel M (the “Escrow Agent"), at the tine of the executier ef this Agesmeal, by check subject to Acvesu, PLA coliccton, to be applied toward the Purchase Price of the Property af the closing of tide bereunder (the sas herset and “Ciosing") or otherwise disbussed in accordance with the he baiance of the Purchase Prise in the amount of fS_/£#0, 500.5 (he “Balance of the Purchase “), Subject to the prorations and adjesm™ments for whick prcVision is herein made, shall be paid by Buye: ro 1 ia the form of cash, cashisr's skesk(s) ot Trust Account chesk Srawn by Buyer on a a commercial Sank etary to Selisr baving an of$ce is Dade County, Flovida and mad- piyable ta Selics, to be dctivered at wae Pa . 2. Escrow Deposit. The Escrow Deposit shall + escrcw 2y the Escrow Agent, coursel to Seller, |. ree =, the Escrow Ageal stalt Geiver the Escrow i Denosit, to, er upon tb of the Escrow 4 gent shell pay C, Ifthis Agrsement is temminaied in.accardence with the teeny Toseb ssoedance with the pravisions of ast tae Escrow Deposit, to, or upon the instruction of, the party sntitled thereto in this Agreement 2c: OD. & the Clonng does zot take place under with such p. i otlgations heret: wader, the screw the & Bed uitcrest, fo the aary egies < thereto 9 accordenc: herem speciScally pz: ADMINISTRATIVE COMPLAINT EXHIBIT # | PAGE ___|____ OF Escrow Deposit ta the sew escrow ageni selected by Buyer 2e5ng as a stak Tow Agent ts ; sto De delivered, che Escroz Ag2ni si Agent may hold che same on Tecsiot by the & £8 Daving any interest in such cispute, Sirecting & authorization, the Escrow 3 ir che abseuce of sy cetemmination of the x OF proceedings for Closing (as the same may have been shanged persuant to acy app parties) aad diligently continued thezcavter, the Escrow Agen? may, & lost acer or proceeding for lezy= to G=posiz the Escrow Deposit m the registry o igpSdiction pending such determination The Escrow Agent shall be +such action or proceeding g, including, without limitaUon, reasonable at al appellate proceedings, by the party cete: p smtis Sry Of the Escrmw Denasit ia “the rasce- provided in ths ty bereundes. In the event of aby dispute or litigation be ficther hai ut Suanection with this ! G. The Escrow Agent has executed this A received “pursuant to the provisians of this Agreement. AL. Seller and Buyer (acting jointly) shall have she right t © to the Escrow Agent, and the Escrow Agent shou, Bere! ihe Successor Escrow Agent's receint of the Escrow Depoxtt, -he Es aad released from any aad all Searcher oblizations borsunder, afl ¢ ~ Successor Escrow Moen 3. Closing and Conveyance of Title. and purchase of the Prepery shail be cle A herannder and delivery oF the “Electon Dats” (as deSned below) or (ii) Secember 31. ste date and tine as may S< agreed tc by Buyer and Sefer, or [Lite date for the Closicg shall fall wor 2 Satunds 2 held the next Succeeding reguler ousiness day, at 1! 90 AM, SEE ACDENDUM ATTACHE 3. Bese peep ata Gee veyed ay t fy fj « =. 4 ins 4 : the partes in = apprepriace pmMczedng, F ch detecrminarian are aot begun within ten CiOy day 2, Coral Gables, Florida 33134, by payment of: ihe Deed (a3 hereinafter defined) on the earii: 2003 (4 Sunday ar other federa! legai Aoli ea Escrow Deposit cr 25 6 wt g2Gi of an anthorzater in atitag, Ge disposition of the Escrow Depesit, “gent cay bold the Escrow Depesir unt] te Beal suca weiten authonzation 5 not Sven, ays of the date set forth herein fr we Provisions dexcof or by agreement of the uliIs dot required tp, beng an appropriate f 2 court Laving appropriate Teimbursed Zor all costs and expenses of tomeys' fees anc disbursements inciuding ermined not te be entitled to the Escrow Deposit. Upon maiong 5 Agresment the Escrow Agent shall cave no crmeny, tween Buycr und Seller acsing hereunder or » the Escrow Agen may represent Seler m sack dispute ¥Y t2 Conia that the Escrow aAgcat has will hoid the Escrow Deposit in escrow, a replace which sis, , ' sec ac Buyer's attoracys’ offices at 29] ¢ Balance of the Purchase Price dus the thirneth (30) day rolowing he" Closing Date"), at 11:CO AM. cron provided for the Ci at Buyers axomeys' elices as aforesaid. 02 such other date 25 may ADMINISTRATIVE COMPLAINT is notes te the oth doth a3 Sand t Fansaction cosierot, 4+. Conditions Precedent t¢ Buyer's Closine on the Pro Y > - A. Buyer's ob shase the Property is soncitioded urcn Buyec's approval, in its - 1 aspests pertaining to the Property. On or before the Jo¢a day foliswing the E&ective Date the “Electiou Date"), Bayer or Buyer's agent shail Save the right to enter upen the Propxty and perforce various inspections. Ifthe results of sach mspectogs in Buyer's discretion, it deems unacceptabie, then Buyer may, 2: Buyer's election, terminate this Agreement by Sivmg witten natics of teninzton to Selier and Escrow Agent Sefore the Etection. Dats, ead upon rcccipt of such netics, 2 depesits made dy Buyer hereunder shall be | +-t2lunded to Buyer and thereafter this Agresment shall b¢ null and void and Seilex, Beyer and the Escrow Agent shail have no further rights or obliganots he-ender, except 25 is otherwise provided herein. Buyer agrees to indemniry Selle against and held Seller harmiess Som any ane ai! joss or damage resulting from or arising out ofsuch satry upon the Property aad test bomrg opezations, including, put not limited to, the payment of all engineer's fees and charges, aay and ail Snjerv or damage to the Propemy, and any injury to or death of persars cr loss cf ar damage tc propesty upon the Property which may he cased ty Beye, its employees or agents, or which may result om the presence upon the Property of suck persons. If Buyer elects to terminate this Agrament fer any reason. Buyer shal! veplacs ai] soi! displaced by the scil tests anc restore the Property to its former good condition. Buyer shall have mel te Sisction Dats to cause the soil tests ta be performed as reszid end to notify Seller of Buyer's approval or disapproval of the resclts thereof, If by the Election Date, Bayer shall Dil to give written notics to Sellex that said soul tes-s fil to congorm to the terms hereof or that any other matter cr item with respect to the Propecty is unacceptable, then aad in that event the condition precedent herein set forth shall be deemed -o have been Filly satsSed and camped with, and this Paragraph 4(A) shail be aull asd veid acd shall have no father force ore tademnity obligation. 3. Survey and Leeal Description o ao registers? Eiosvida Cuppase suseyor solectand hy athe nates = ts cxcinsive. ATTACHSD HERETS ADWINISTRATI¥E COMPLAINT EXHIBIT tf _______—., , PAGE OF 3. Evideace of fand Kacumprances Upon Tide, ADMINISTRATIVE COMPLAINT ’ exnipiy #lo page tL oF 7. Occupancy. A. Buyer agrees Gar he Propet “Bacility"} as more sari is being purche wwarly descrided in the Dezd tie Sead, 8. Notices. All noSces required or allowed by this ted or registered mail, rrccipt acknowledecd requested, postegs propaid, or by persona: deifvery with geod in writng, addressed te the party or person to whore such natice i the iolewing addresses: To Seller: © MGchael A. Alibern Nit ADIN: EXHIBIT #f ey kK: PAGE 9 oF : 9. Assignment. Buyer nor its Successors Ind assicas Maymay not directly ox inci Agreement, sor may acy of Bu, Tanasterred, cer Any perssn or =: ne, 8 an affiliate comormton of ale 3 mghts hersunder or in and to the Pr feyed, Irased or subleased prior to Closiag by Buys or its sussessor Ot assigns in any Manner to fuui Szller's spe. all of its tights heretinder to = subsidiary ch Buye: owns and cantiaues te own 2 majority intersst, or to a parmershin of , Buyer is and continues ta be the sole managing gener! parincr. Buver mus: provide notices to Scltex, ar - Teast three (3) business Cays arior to the Closing Dats, of ary essigrmen: conte of this Paragraph. Lf Buyer does act so provide notice, Seller caay, at its option, refuse to Pexcait the assignment. Buyer agrees that neither such assignment. or transfer, nor any subsequent 2: aes Uy assion thts Percy (or any pochon thecsof) be cific aries writer. conseatin cach instaces, except that Buyer may assign corporation which is and continues to b= wholly owned by Buver, a> to plated by Buyer wader the te=ns ssigomont or transfer, shall relev= Buyer of any of Buyer's sbtigations hereunder pursuant tc the tenms of this Auresment existing a3 of the Closizs, severaily Hable with any such 2ssiguee for all of its otheatons here vachout regard io any modi# may or should be tntercreted 25 mod: Deed. The provisions. of Parsumeal 14. Defanit. then Seller shail recain att suas thers expressly understood and agree: and thercofter this Ag“sement shall be obligations hereunde:, - de closed because of the default by Se sucdor speciSc parformance ar (iz the Buyer te Sellex, aad uz renira have any Adther cights or cbiigasons available under this .4 emt, as 35) . Party hereunder. + has iuily performed, discharged enacts and 2asveements hercund=-. Ditity with respect th a ¢ sale and purchass cpt as 1s otherwise provided herein, If che cation, extension or waiver olay of the terms kereof, and Buyer ska’l 9¢ jointly and under. Nothmng contzined és this patagraph fying any term or provision set forth Clsewhers in this Agreement or the h shsil survive the Clesing and very oF the Deed, the Prapexy shall act be close. becauss of default ‘by Buyer, tofore paid by Buyer as a deoosit as agreed liquidated damages, it being d that in such event Selle: wil! suffer Gamages incapable of exact ascerainmesy, aull and void and xsither Seiler nor Buyer shal! have any further Sights or sale and purchuse of the Property shail aot Hex, then Buyey shall, 25 its sole and exciusive remedies, have the right ts axemative) to request a return of the Sseraw Deposit therstofore paid by ‘his Agreement shall de avll and vaid aad neither Seller nor Buyer shall hereunder. Both Parties shall enjoy all of the same nights aud cemedics plicable against the other i: the event of acy posv-clesing default by the epresentanous, Warrandes and Other Agreenients. ance of the Deod cod by Bayer shail be deemed to be an acknowledg-ien: by Buyer char I igations, representations, warrantcs. and complied with al! of Seller's ot Ft oval that Seller ts cischaryed therefrom and that Sefer : a fi. Boyer h ADMINISTRATIVE COMPLAINDY EXHIBIT 4 Or .demaad made by Buyer after Clesing pursuant to or sonssrring any te c2Sned dsiow, a cements ramure cr Kind whatsoever prsscatatic: Jor written ss whether express or bapiicd, have beer = , kX co Tepresenttions or warranties Gave een made lan of the Prepercy, the zarng and other laws, reeianons and spancy oF ths Propeity or any wiles applica Ty or the camplians: pat Geral the quaticy or concicion of the Property, or an § attecnag or related to the farted eredy, except as and scleiy to the extent herein specificaliy set forth. 33," In it present condition, ond further agrees that Stier shall not my oF bound a: any manna: by suarantics, Promises, m povaiaing to the Propery heretofore or hereafter ther Dersoa or entity including, Bable for say latent ar patent ceisct in the Prot Brvjestions, opezung Scatcmouts, sei-uns or other infonnana. ade, fumished or claimed to have been macs or firnished ay Seller or anyo hou? limitation, any simployee, zgent, attorney or other persaa represexting or pusporting to represent Sciiez, icther vertally or in writing, except as aad $a! ty te the exteal that the sume is expressly set forth hercin. a. C. Buyerdésresents and Warrants that the execution and deitvery of this Agreement and the purshas= of he Propety by Buyer have beagq duly authorized and that no other action or approval zot already taken o> is required in order to enable Buyer co consummate the trursections contemplated by this Agreement. [r addition, Buyer acknowledges aad agrees that Buyer shall be fully responsible for all costs and expezses Qscluding, without limitation, ai] legal fees) incured by Seller m connection or associated with any request or cm. condition ’or other matter coatained ir pisted by this Agreement and/or delivered af Closing 2 by Seller in reviewing, negotiating and/or prepasi ig citteg instimment whatsoever, if any, after Closing). In furcherancs of this Buys: obligation, Selier may & payment of any such costs and expenses, in advance, at the time any such request or demard is mad- and/or may impose any othe: reasonabie conditiogs or requirements 25 Seller may desire to casur= compliance. greamen: and/or any other instrument conten rout limitation, af costs or expenses inewrre: D. Seller represents 2nd warrants that the execution and delivery of this Agresmeat and the sale of the Propery by Seller gas been duly authorized anc! that no corporat’ action or approval aot alcady wakeq or obtuined is required in order to enable Selier to consummate dhe sale of the Propexty to Buyer, subject to the approval of Selier's Investment Corantitee and its invesmment advisor as provided Deiow. It is aersed that the eesentagors and warcaaties of Selier shall 2xdurc at the Closing, vorwifhstumding anything herein to foregoin the contrary. Ss Paragraph shall survive the Closing and delivery of the Deed. EL The provisions of t 12. Governing Law. This Agr emec by and construed ia accordance with the : survive the termination of this Agreement or i}, Attorgzeys' Fees. in the event of any Uspute bersunder, or in connection with the execution si and Seller c ntsmplated bereby, the preva i ided te recover irom the torgrevaibag mf, Cr otherwise rela: legai psStoeding Srough: te resolve such disouz: Sup $s S gail cf such prevailing y zak shail susrive the Clesing. SOursecents, at } wa cere ADMINISTRATIVE COMPLAINT 2¢ EXHIBIT tt ae Pace 7? oF termas ar this Agreement co any consent Seller agzrz3 not to . sclose the faanciai or bustncss leaders, aflomeys and accauctacss. is acquiring the erty tc consent Buver agrees uot to ics of the Procesty isclosure. the comes oF tis Aemmemane wemns of this Areemer Seller agrees that priés to the Closing, {t will not Sisciose the grees mes, wach rites ¢: wweasonably withheld, cacep! that Seller, without the conszet oF Buyer, may disclose the p eetive (or prospective) parmers: tenders, atloracys 2nd accoimtaats. The provisions Peragrapk shad survive the Closing and the delivery of the Deed, a3 weil as the termigation ofthis A the pricr avitea consent of Beyer in cack ic ther Buyer or Seller 15. Enfire Agreement. This Agreement sets forth the eutirs understanding aetween Seer and Buyer az and purchase of the Property, superseding ail pnor agrszmeats GE any) between Seller an modited or amended, except Dy an iastramen: ation, modificat:oa or amend-asnt is reaurg to the s. Buyer sclating to the saie of he Property, and shall sot be alters in writing, signed by the party agains: whom seforcsement of such a ‘sought. ” “45, Counterparts. This Agrecment may he executed in two or mors counterparts, each of which sBall Se deemed to be ar original, aut all of which will consticute the same agreemcot. The nravisions of this Paragruph shall survive tke Closing and the delivery of the Deed. : Amendmests. This Agreement may not be changed, modified, supplemented or terminated, nor Cer or provistons heresf be waived, except by an instiment executed by the modification, sepplemeatulicn or i may any of the obligations hereon pany hereta which is o: wil iemmugation Ths crovisi be affected by the tecms of sdch change, 13 af uns Paregrooh shal! survive the Closing and the delivery of the Deed. ure or refusal by the other party to comply with its waiver of any other or subsequent failure ar refitsal to so comply. The orevisiors svaph shall survive the tersicanon of this Agreement or the Closing (as the case may de). Re coversnts, egrcemicnts, representations and warrantics aeczin nistvators, successors and assigms of the greement or the i9. Successers and Assigns. -comained shall inure to the bene3t of, and shall bind, the heirs, axa respective parties hersto. The srovisiozs of this Paragraph shall surviys the termination of this 4 miosmg (a5 the case may de} . so . 29. No Third Party Beneficiaries. Buys: and Seiler. agree that there are no ictended third cary anes of any of the tors of Lis Agrtemeni or any of the other agreements or instruments, executed ion herewith, ard no third partes shall have anv oghts minder or thereundc:. The provisions of this Paragraph shall survive che Closing and the delivery of the Deed. don thersol to any . Parfial Invalidiey © any tem er provisica of this Agrsement or the = saindc: of rastaness shail, to aay extrat, be invalid or uncaforccabie, the +. such tem or provision to persons er circumstacces other han those as to which it is held invalid oz Eepecte ofthis Agc i person or ¢ » and sack tem: aad pr bylaw The provisions a ies the case moay bo}. ADMINISTRATIVE COMPLAINT. EXHIBIT biel c: {ag the case may > 23 Interp A The headings of the vacious Paragrapas of this Agvsement have beep insexted solely f F convenicacs, are not part of this Agreement and shali got be deemed in aay manner to modin explain, expand or reswrict any of the provisions 0 Pia B. This Agreement and the Extub: z a cuted in connection herewith have bern negotiated a: anns Jenuth by Seller and Buyez, and the parties CMESS mutually agree documents or instruments, sc: i2 or otherwise, The srovisions of rais Parag) rn a u tus Astement shall be s Agreement or new oc oy statute or otherwise, and the exerecse or Degioning of the exercis S85 oF remedies provided for 22 this Agreement or now or herent exisa 2 or otherwise shall not preclude the smcitancous or iater exercise by Seviec af any or in this Ages 7 AOW of nersagter existing at lew or iq equity or by 2 stall curvive the isminauioe of ths Agresment or the a nm provided fe OF remed: ay station. Agreement ing documests and msteuments to be hereto sad ail other that for the purpose of constuing the toms of this Agrsement or said Exhibits or other iiber party shall be deemed responsible fer the authorship therco® C. Words used herein in the singular or plural shail inck:de the plural or singular and words used. —) P 2 2 berein in the masculine, feminine or nm: Agreement requires The terns “hersot, Agreement ip its entirety. The terms “Seties administrators, successors and assiecs of the respective partics h here¢i). Wheacver used, he sinziday numb geader stall includ: the othe: genders, a where the context of this hereix," “berzimdec" oc words of sumilar taport shall refer to this and “Buver" shall include the hems, oersoaal rep esentatives, creto (subjecr to the limitations of Paragraph 5 ¢ shall include the plural anc the plural the singular, and the use of any geniter shall inchide a1] eenders. D. The ebligasons of Sever and Seiler ta clese the wansacton conlempiated hercoy ore subject to the co. S! 2Xpress cuadicons precedent set forth in this Agreement, each of which is for the sole beneiit of the party beaelited thereby, which conditions precedeat may be waived uf any tine dy written notice thersef fom Buys: to Seller ar Seller to Buver, as the cas= may be. The waiver of any parucular candition procedent shalt nat aan _ 24. Bindine and until Seiler, in S constitute the waiver of any oaths: condition precedent. segvaph shall survive the Closing and the d very ofthe Deed. < This document does nat constitute an offer to seu-and shal: not bind Seer untass 3$0/¢ and unreviewable discretion. clects to be bound bereby hy executing and meoadinoaally delivering ta Beyer on orginal or an origina! countezpact hereof coney. Fhe t neither + er 237825 2st ie Ale any Notices a7 Paor to he ares dy wetter aersem, stn agvssa greed upon ih worting, Wy y urvive the Closing and She 23. Sstier Apnroval. This Agrsem subsect to the approval of ScUer’s investment: Covaraitgs, and at sach stage of the approval process prcliminary thereto, with Seller sad its investmear advisor, Equitadle Reai Estate Investment Management, c., each having the ight in its unfettered discretion to disanprave Iransucton at way stags of iss investment approval process, without af on thersafte: te proceed to th: stage. provided, however, that ifSe the same to Buyer, Seller's arproval #5 contemplated hersin shail de deemed given. er executes this Agree 29. Radon Gas. Radon is a naturally occu g raidioazive gus that, when it has accumulated in a Iding ta su€Scient quantities, may oreseat health risk :o persons who ars exposed to it over time. Levels of radon that exceed Federal asd State Guidelines have been found in buildi in Florida. Additional information rogarcing cadon and radon testing may he obtained Kore your county pubic health usar 30. Waiva of Trial by try. EXCEPT AS PROHUSITED BY LAW, NEITHER SELLER NOR BUYER SHALL SEEK A JURY TRIAL ON ANY LAWSUIT, PROCEEDING OR COUNTERCLAIM BASED UPON, OR ARISING OLT GF THIS AGREEMENT. , OR THE RELATIONSHD BETWEEN THIE PARTIES HERETO AS SELLER aN GRCHASER. iF THE SUBJECT MATTER OF aNY SUCH LAWSUTT IS ONS IN WHICH THE WAIVER Of A JURY TRIAL IS PROHIBITED, NEITHER SELLER NCR BUYER SHALL PRESENT AS A COUNTERCLAM IN SUCH LAWSUIT ANY CLAD NOT ~ ARISING“OUT OF THIS AGREEMENT. FURTHSRMOR®, NEITEER SELLER NOR BUYER. SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH AT. JURY TRIAL HAS BEEN WAIVED WITH ANY SUCH ACTION IN WEDICH A FURY TRIAL CANNOT BE WAIVED. THE PROVISIONS OF THIS PARAGRAOH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT OR THE CLOSING (AS THE CASE MAY 3B). 7 a . ~ 5 ‘ * ; watden Voryat Kane a ¥e RU Sere. Fete, za IN WITNESS WHEREOS, Buyer and Seller have caused his Agresmect to be executed as of the # day-and year first above written. : Date of exccution by Seber: (the “Effective Date") UL LS oe a __ Date of execution by Buyer: eT ADMINISTRALIVE COMPLAINT. EXHIBIT # | pack 10 of ___4. FAy Unit 24,5 Book 182309, Page oer AS TO. BUILDING A as ie con AS TO SUTLDINGB eee Unit 1B, 5 . 42. ” Book 18289, Pas go “351, PB .. aad 6A orsiponta VEw OMINIUM., cecorded in Offic: I Records Public Records of Miami-Dade County, Florida » and 32 of SIDONIA VIEW CONDOMINIUM, recorded ia Officia! Records ublic Records of Miami-Dade County, Florida ADMINISTRATIVE COMPLALNT i OF ADDENDUM TO AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY SELLER: MICHAEL A. ALISERTI - BUYER; WALDO TOYOS AND/OR ASSIGNS PROPERTY : AS TO BUILDING A: He UNITS 2A, 4A, 5A, AND SA OF SIDONIA VIEW CONDOMINILM, RECORDED IN OFFICIAL RECORDS BOOK 18280, PAGE 4351, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AS TO BUILDING B: UNITS 18, 3B, 4B, AND 55 OF SIDONIA VIEW CONDOMINIUM, RECORDED IN OFFICIAL RECORDS BOOK 18280, PAGE 4351, “ PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA 3. B. Title to the Prope-ty shall be conveyed by Special Warzanty Deed subject to any and alf encumbrances, claims end ather matters referred to in this Agreement. Documentary Stamps on the Deed shall be paid by Buyer, and all other costs to record the Deed shall be borne by Buyer. fn addition, Buyer shall be responsible for ery and all costs associated with purchase or sale of the property. Possession of the property shall be elivered to Buyer at the Closing upon payment of the Balance of the Purchase Price. 5. Survey and Legai Description of the Property. Buyer shail, at Buycr’s sole expense, obtain 2 survey to the Property. Seller has no obligation to provide Buyer witha survey and makes no specific representation about encroachments, acreage or any other matter pertaining to the physical boundaries of the subject Property. é. Evidence of and Eacumbrances upor Titie. A. Seller shall provide to Buyer a prioz Owner's Title Insurance Policy for Unit 43. Further, te the extent that Seller has any ttle informaticn and/or searches, those WA Paint, documents shall, iikewise, be delivered to Buyer's counsel within ten (10) days of the cffective date. In all other respects, the Seller has specifically advised the Buyer that there are presently three mortgage foreclasure actions pending in the Miami-Dade County Circuit Court under Case Nos. 01-26036 CA 27, 01-26510 CA 13, and 02-310S8 CA 02, wherzin, among other things, Wachovia Sank, National Association, and Fairbanks Capital Corp., are Plaintiffs, and Michael A. Aliberti, among others, is a Defendant. fn addition, the Seller has specifically advised the Buyer that there arc outstanding real property taxes on at least seven of the units being sold, there may be outstanding condominium fees and/or asscssments, City of Coral Gables Code Violations, assessments for water and sewer, and claims of an individual Francisco Ferrgiro to three of the units, among other things. The Buyer has requested that the Seller exercise due diligence, secure the services ofan attorney to represent ‘the Buyer, and satisfy himself with the status of any and all claims of any other individuel or entity. The Buyer is purchasing the Property subject to any and all outstanding rcal property taxes that exist in this and eny prior year, and any zoning and other regulatory laws and/or ordinances affecting the Property. The Buyer acknowledges and understands that he is purchasing the Property subject to any and all outstanding claims and that none of said claims shall constitute title defects that require any zesolution to be undertaken by the Seller. B. There are no conditions precedent to Buyer’s closing on the Propexty other than the inspections refezred to in paragraph 4 of this Agreement. 32. To the extent that there is eny inconsistency between the language contained in this portion of the Agreement as compared to the preprinted peragraphs of this Agreement, the terms ofthis portion of the Agreement shall govern and supersede. 33. Even though the Buyer recognizes that he is purchasing the Property in “as is” condition, the Buyer recognizes and agrees that he shall bc responsible for and assume any and all liens, mortgages, encumbrances, condominium.dues or fees, real property taxes, title defects, zoning violations, or claims of any kind whatsoever, the Buyer need not necessarily discharge same at or prior to closing, it being understood that the Seller will not be discharging, satisfying or releasing any of said taxes, encumbrances, title defects, liens or claims. : 34. — Seilecis not responsible for the cost of any and all repairs or the making of any repairs to any unit that is being sold to the Buyer and that shall be the sole responsibility of the Buyer as well. tm ADMINISTRATIVE COMPLAINT EXHIBIT si PAGE } a tee sat ee, weerse os wee 35. This Agreement is not subject to zor contingent upoa Buyer’s- obtaining financing or approval for financing and is to be considercd a cesh oaly ‘ransaction regardless of whether the Buyer wishes to obtain financing cr not. 36. The parties acknowledge that rentals from the units being sold have besn collected by Seller and placed in the Miami-Dade County Court Registry pursuant to order of court in the three cases identified previously in paragraph 6 of this Addendum. Seller retains any and all rights to the rentals collected as of closing and those rentals should not be disbursed or utilized without Seller's prior knowledge and consent. . 37. From the effective date of this Contact, if additional efforts are needed to ¥ gefend or represent the interests of Seller in any of the three litigations referred to in ‘ paragreph 6, Buyer would have the right to hire his own counsel to defend the actions o7 could pay Robert P. Lithman, P.A., whichever Buyer clects. , Date of execution by Seller: SELLER: (the “Effective Date") ifefooe ov. Mekal Ochoa R MICHAEL A. ALIBERTI Date a by Buysex: BUYER: 1 lp [o? ; Bt. Fe MIGIE? ev. Wid ory i] WALDGTOYOS = / / f ive) ADMINISTRATIVE COMPLAINTL APR 30,2006 14:35 .t \ | FLORIOA ASSOCIATION OF REALTORS® ~|[T 1. SALE AND PURCHASE: _ and . er e i | 4) agree to self end buy on the terms and conditions specified below the property daseribad as: “-@* Cagal Deseriplion: “40° The following attached heme ara excluded from the purchase:__.. , aa 41 . : : a2} 4. CLOSING DATE; OCGUFANCY: This Contract wiliba cioaadandthe deed andpossesclon delivered cn addendum s+ 431 (Closing ute"), unless extondedby other provisions of this Contract. The Property will be awept clean a id Sellers poreonal items ~ 44; femoved an or before Closing Date.ifon Clasing Date Insurance underwriting is suspended. Buyermay p stpone closing upta 8 days 000-000-00000 305 854 6810; OCT-25-02 1:22PM; PAGE 4 gent a: HP LASERJET 9150; | Residential Sale and Purchase Cantract ——____Michasl A Allbedt cla Robert P. Lithmmn. cen ("Bolton i : fy — —___.. __ ("Buyer") County: Miamtpmie “4” Address: 24 & 30 Sidonie Avanua, Coral BhI9s,. ro we Tax 1D No: ce 8 together with oll improvements and attached lems, Including fixtures, bullt-in furnishirigs. bu it-in appliancas, calling fans, 9 light fixtures, attached wall-towall carpeting, rods, drapariag and other window coverifigs. Ths only ather ems Included ‘ for in the purchase are: —_——. . k1* __——_______—... - see ae oy 12: —_—- “1B The realand personal property Gestribed above ae lnclidediIn the qurchass le ralomage® cx the ioe MeFPoe property ist a “In this Cantract Is included in the burchase price, has no contributory value and being fort for 6 ia PRICE AND FINANCING 2 \ 4§* 2, PURCHASE PRICE: $385,000.00 payable by Buyer InhU.S. g a | ig ($5000.00 Dagosit received (checks are subject fo clearance) =: = + eee BY for__/- -Affmsacl Moh A 1 at . o. : Signatura 7 Noma of Compan; (wad i Robert P. Lithmar, P.a. f—_____._ Adgitianal daposit tobe made by Lee at eereees OF SY days: feorn Effective Dave. Total Financing (cee Paragraph 3 below) (express aa a dollar amouct or percentage) Other: apn Balance to close (not including Buyers clouing costs, prepaid Kama and prorations), All funds pal at closing muat be paid by locally drawn cashiers check, officia bank check or wired funds. i 2 28° 3, FINANCING; (Chock 89 applicable) 2 (a) Buyer will pay cash for the Property with no financin contingency, iy 28° ()(b) THs Contract ta contingent on' Buyer Qualifying and abtaining (1) and /or(2)below(the “Financing)by. 30° ____ (if left blank then Closing Date or within 30 days trom Effective Oate, whichever occurs first) (“Financing Perlod”): Si (1) Acommitmenttar new {7j conventional C1FHA OVAfinancingfor$_ on ‘4 of he purchase price (plus _ 32, any applicable PMI, MIP, Va tunding fee)atthe prevelling interest rale and loan costs (If FHA of VA, .iee attached addendum). 33° (2) Approval tor Setter financing or aseumption of mortgage (see attached addandum). 347 Buyer will apply for Financingwithin “days trom Effective Date ( days Hf (eft blank) and will timely srovide any and all credit, | 35! employment, financial and other information faquired by thalandar. Elthar party may cancel thla Contre st tf () Buyer. after using 38) diligence and good faith, cannot obtain the Financing within the Finanelag Periad or cannat meat the t.rme of the commhment by 37; the Closing Date, or {11) tha Financing te denled because the Property appralsea below the purchase pri ze and either Buyer elects 38! not to procead or the parties are unathle to renegotiate the purchase price. Upon canceltation, Buyer wil return aif Belterprovided tile evidence, surveys and association documents and Buyer‘s deposit(s) will be raturned after EBc ow Agent recelves proper authorization from all Intarested partlea, . - | 40 : CLOSING 45 | shor tne insurance suspension fs tiled. 48. 5. CLOSING PROCEDURE; costs: Cloaing will take placein the county where the Property ts focalec and may ba conducted by 47 slectronic means, ff title insurance inaurea Buyer for title defacts arteing Detween the title binder effet tive date and racording of S§* | Buyer (.__)and Sette #5 (____) acknowiedge receipt of a copy of this page, wt ich Is Page 1 of 6 Pages. ve xF ARS Rev, Ne00 S200 Frorlda Aaaooiea at REALTORS® All Rights Reserved This torm is ficonaed for use with Borermalmtar® Forma Softens v3.0 G00.920-4027 ADMINISERMEME CONE LAINT 48; Buyer's dood, closing agent will dleburée at clasing the net xale proceeds to Se lor and brokerage fees t Broker aa per Paragra 48 | 18. tp eddition! to other expenses Prpvided In thie Contract, Seller and Buyer will pay the coste Indi ated belaw. cop page 4 2,9 : Soe exuigit #A APR 30,2006 14:36 000-000-00000 “75 {76° “te |e 79 tor! toe at i054 ho. tp! “fe 407! _— 106 | “gent BY: HP LASERJET 9150; ' 305 @&4 @010; OCT-25-02 1:22PM; : assignable repair and treatment ccntracts to Buyer at cloglng. PAGE 4 \ t. : : {b) Buyer Coste: Guyer will pay taxes and recording fees on notes and mortgages; recording free on the deed and financing statements; foan expengea; pending special assessment liens: lender's tlle policy; inspect ang: survey: flood Insurance; Othe ne cate oe (c) Title Evidenca and insurance: Check g oF (2): Golfer will pay fees for title eearches prior to closing, including fax search and lien jas, and Buyer will pay feos for tite eearches after closing (if any), fitle exarr nation fees and closing fees. (d) Prorations: The following ftems will be mada current (if applicable) and proratad az of the « ay before Closing Date: peas i , Tents and other curre it expenses and revenues of the Property, 7 . Buyer ia racponsible for property fax Increase: due to change In ownership. (e) Tax Withholding: Buyer and. Galler will comply with the Foreign Inveatmentin Real Praper -y Tax Act, which may, Sellar to pravide additional cash at closing If Seller fe @ *torelgn person" as defined py faderal toa eae? (f Home Warranty: D Buyer Cl Salter (1 WAwillpay foranome warranty planissuedby mr ala Cost nattoexceed$.._______ . Ahoma warranty planprovides for repair or replacement of m any of a home's mechanic systems and major bullt-in appliances in the event of breakdown due {o normal wear and fear curing the agreement period, , PROPERTY CONDITION 8. INSPECTION PERIODS: Buyer will complete the Inspactions referenced In Paragraphs 7 und 01.) (2)py —.._ 48 days ——- (within 10 days from Effective Date if left blank) (‘Inapection Period’); the wood-destre ying organiem ingpaction by : ‘ (pries to closing, if left tiank); and the | inspection an the day before Closing Date or any other-time agreeable ta tna parties. 7. REAL PROPERTY DISCLOSURE: Soller represents {het Sellar does nat know of any facts that naterlally affect the vatue of the Property, Including violations ‘of governmental faws, rules and regulations, othar than thase th it Buyer canreadily observe, or that are known by or have bash disclosed fo Buyer. ; | {e) Energy Efficiency: Buyer acknowledges tecelpt of the Florida Butiding Enargy-Efficlency Rating System brochure, il this ig a new-home, the builder's FL-EPL card(s attached es an addendum. . { (b) Radon Gae: Radon Is a nalurally occurring radioactive gas that, whan it has accumutatsd in a building in sufficient! quantiles, may present haalth ‘riske fo pareons who are exposed to it over time. Levele of racon that exceed federal ‘end ‘state guidetines have been found jn bulldings in Florida. Additional infarmatton regarding rador and radon testing may De abtalnéd-from your county public health unit. Buyer may, within the Inspection Period, have ans zpropriately licensed person lest the Property for radon, Wthe radon level exceeds acceptable EPA standards, Seller may choose ta reduce the radon leyel to ain acceptable EPA level, falling whtch alther party may cancel this Contract. {c) Flood Zone: Buyer is advigad to verify by survey, with the lender and with appropriate gover ament agencies which food Zone the Proparty Is in, whethar flood ineurance fs required and what restrictions apply to tmpcoving: the Property and rebuilding tq the event of casualty. ifthe Property Is In i Special Flood Hazard Aras or Coastal High Hazerd Alea and the bulldinge are built belowtna minimum flood elevation, Buyer may cance! this Contract by delivering written notice to Se tier within 20 days trom Effective Date, falling which Bu jar accepts the existing elevation of thé buildings and Zone desi¢nation of the Property, SumenENnstEptEnhed—andeing hodninie-dhseG 5 j DPR AG- RECEIVED. AND HAD THE DIS CLOEIROUMMARY, a ‘ 4. MAINTENANCE, INSPECTIONS AND REPAIR: Salter will kaap tha Property in the same Cond? lon trom Effective Date until j Closing, except for-normal wear and tear (Cmalntenence requirement”) and repaire required by thi Contract. Setter will provide access and utilities for Buyer's inspections. Buyer wilt repair atl damages to the Property resultin, from the inspectidns and return the Property to its pre-inspdatian condition. K Seller is unable to complete requirad re; airs of treatments prior to | Closing; Selier will give Buyer a Credit at clasing for the castafthe repairs Seiler was obligated to nake. Setter will assign all | (a) Warranty, inspections and Repair: sprinkler, septic and plumbing aystama, seawall, dock and pool equipment, any, are and will condition until cloalng; ihat the structures (including roofe) and pool, if any, are_ptgue y that any open parmits for the! Property have been closed aut_apg fnertttpa Cate. Soller does nat warran} and is not requipad.to-papnt cosmetic conditions. unless the casmetic condition rusulted * from @ defact In @ warranted Bette? ig not obligated ta bring any item Into compliance with existing buliding code regulations uplass-eerwS ih rented item. “Working condition’ meane operat ng In the manner fn which . f gris A Af)( and Seller PRAY _—_) acknowladge racolpt of a copy of thle page. wich ls Page Z ofeP "7 FAR-6 Rev. 10/00 ©2000 Florida Acad REALTORS® Ait Riphts Reserved pes "a “one. Thig form is flowased for use with Farnulacar Forma Software v5.0 060-936-1027 ADMINISTRATIVE CO MPLAINT. ‘ 2 Gait weedny, October 10, 2002 10:84:38 PAGE __@_ OF ExHsT ZA 0 eee page 5 328 APR 30,2006 14:36 000-000-00000 page 6 SENT BY: HP LASERJET 4150; : 305 854 6610; OCT-25-02 1:23PM; PAGE 5/42 i { i ! i 1 working candition of the Itém, Including pitted marcite; missing of torn screens other thar migsing pool cage or scr foom screans, Togged windows; tears, worn spots and discoloration of floor coverings/w Ulpapers/ window. treatments: nail holes, scratches. dents. scrapea, chips and caulking in bathroam celling/walls/floa Ing/thle/flxtures/micrors; minor cracks in floor ties/windows/drivewaye/sidewalks/pool decke/garage and patlo floors, tha Items Inspacted ("profeastonal inspector’). Buyer must, within 5 days fram the end of 11a Inspection Pert; writien notice of any Items that are nol In the condilion warranted and a copy of ine inspector's written .F Seltor. If Buyer falls to deliver timaly written notice, Buyer walves Seiler's warranty ard accepts subparagraph (a) in thelr “ag fa" conditions, except thet Selior must meet tho maintenance r squire (3) Repair: Seller I obligated only to make repaira necessary to bring warcantad items Into t fo the Repair Limit. Sefler, may, within 5 days from raceipt of Buyer's notice of Items. warranted, have a second inspection made by a professional Incpector and will reporl regan setimates to Buyer. ff the first and secand inspection reparts differ and the parties cannot resolve the differpates, Byer and Seller together will choose and equally spilt tha cost af, # third inspector, whose written ween yirfia binding on the partes. If the cost to tapair warranted Items equal or Is less than the Rapolr Limit, Seiler will hgyé‘the repairs mide in a workmanlike manner ‘exceeds the Rey alr Limit, sither party may by em ‘appropriately licensed person. If the cost fo rapalr warranted:ltegp cancel this Contract unlass either perty paya the excess or Bu ygeDesignatas which repe rs to make al 6 total cpst-te In its “as Is* condition, ry ey occupational license as Tequired by law) to Conduct home inepections or who holds a Floride (conse to repair and mys | Ir lems listed | Seltor'not exceeding the Repair Limit and accepts the balance ofthe Proparty (b) Woad-Destroying Organl¢ms: "Wood-destroying organieg>theans arthroped or plant fe, in :luding termitea, paved beetles, oldhouse borers and wood-decaying fungi, that dgetéges or infeate coasoned wood In. structure, excluding fences. Buyer may, at Buyor's expense and prior toclosing, hayethe Property inspected by a Floridaice 18ed pest control business ta determine the existence of past or present woodsefftraying arganism infastatlon and damage saused by Infostetion, ff the inepector finds evidance of infestation or dargeg6, Buyer will daltver a Copy of the Inspector's v-ritten report to Beller within 6 days from the date of the Inspaction. Sells, at obllgeted to{coat the Property if all of the following apply ({) there is no visiblelive infestation, (ll) the Property hag previguely been treated, and (di) Seller transfers a current full trcatment warranty to Buyer at . faye from receipt ot the Inspector's report to have reac led damage estimated by ent eatinaled by a licensed pest cont of business. Seller will hi treatments and repairs m; totreat and repair the BG ; Ifany i ‘damaged by fire or other casualty before closicg and can be restored within 191 45 days from the Closing Date to igubstantiaty tea same condition as it was on Effactiva Date, Sotlerwill, at Seller's expense, 152 restore the Property ang tha Closing Date will be extended accordingly, if the restoration cannot (re completed in time, Buyer! 183 may accepttha Property "ae ia” with Seller asalgning the insurance proceeds forthe Property to B lyar at closing, falling which! 185 i : . cian ; i TITLE Quit Claim Deed 196-10, TITLE: Peller will convey menfeetebia title tothe Propery by deed oF ntetes 168, (a) Title Evidence: Tile evidence Will stiowlagat accese to tne Property endbaasiaiable tilidett casacd : - £ .Saller wil, porta cloaing, deliver (0 Bujer Sellars choice of one of 169 the following types of title evidence, which must be,ganarally accepted in the county where the Pri perty ia located (specify In: 164 Paragraph S(¢) the selected tyne). Setler will uae option (1) in Palm Beach County and option (z} in Miami-Dada County, 165 (1)A title insursace commitment Issued by a Floridalicencad tile insurer {n the amouat 0° the purchase price and* 168, Subject only to title axceptlons' set forth in this Contract. ! yer (2) An exieting abstract of tltte trom a reputable and existing abstract firm (if firm is not exiting, then abstract uat be 188 Certified a& correct by an axlating firm): purporting to be an accurate aynopals of the Instr iments affecting tite tothe 18 i Property recorded in tho Public records of the county where the Property is located and -vartitl lp Effertive Dat 17 ! However, If such an abstract:ls not available to Seller, then « prior ownar’s title policy; 7 i Inaurer as a base for relesuants of coverage. Seller will pay for caples of all policy exception: and an update in a format zt acceptable to Buyer's closing agent from the: polic of. s é 8 A , '¥ effective date and. certified to Buyer or Buyers closing agent. "4 together with copies of all documents feched in the prior policy and In the update. a priar potlcy Is not available to ae Sellar. ten (1) abova will be the tte Gvidence. Tile evidence will be deflverad.no later than 1C days before Closing Date. { 176 of aay delacte that male the title “laced ba i 7t" Guyer! OM GR) (__) acknowledge receipt of a copy of this page, v hich {s Page 3 of 6 Phge 1 FAR+6 Rev. 10l0d ©2000 Florida Asaottillon ¢ REALTORS® = All Righls Reserved Tals form ts liceneed tor use with Poonutaanr’® Forma Sofewsre v5.0 800-536-1027 ATIVE COMPLAINT. Z,__ inet on’ meron ocone: W,zei Anat So q j / . : — ADMINISTRATIVE PAGBLAINE EXHIBIT #3 pace __| OF ADMINISTRATIVE COMPLAINT. EXHIBIT #2. pace ___ > Fi secre OT ADMINIS TRALIYE COMPLAINT. exHisit #2 __ PAGE ___7.___. OF GS WALDO TOYOS It! JEMIMA CUBAS TOYOS EXHIBIT nl PAGE __J__. : aagenurs Check Printing view zhA PEs = pa oo. SEES Me nee ma nt, 20031224 3311024907 271939598 ISTRATIVE COMPLAID ADMIN -43/servievPrintLay date @lee2HRIS) 10.2. hitep://10.

Docket for Case No: 08-001595PL