D- UssPe STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Casi KIMBERLY ANN FLEAK, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Kimberly Ann Fleak (“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 691841in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker with Gold Dot Realty & Investments, Inc., 9575 Somerset Circle, Boca Raton, Florida 33496. 4. Atall times material on or about August 31, 2005 Respondent was a sales associate licensed FDBPR v. Kimberly Ann Fleak Case No. 2006015496 Administrative Complaint with Mizner by the Sea Realty Inc. 5. On or about Respondent presented on behalf of Colleen and Albert Beers Sr. (Buyers) a sale and purchase contract to Florence Fagan (Seller) for the purchase of a property located at 4960 SW Terrace, Cooper City, FL 33328 (Subject Property). A copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. Respondent represented in the contract for the sale and purchase of the Subject Property that Buyer was to deposit with Mizner Realty, as escrow agent, $1,000.00 upon acceptance of the contract. 7. Respondent knew that the Seller accepted the contract on August 31, 2005. 8. On August 30, 2005 Respondent received from Buyer check #1646 for $1,000.00 payable to Mizner Realty as earnest money for the purchase of the Subject Property. 9. On or about September 9, 2005 Respondent received from Buyer check # 1655 for $9,000.00 payable to Mizner Realty as earnest money for the purchase of the Subject Property. 10. On or about September 12, 2005 Respondent provides to Seller, via fax, a “copy of the initial check deposit for $1000.00 and additional deposit check for $9,000.00.” A copy of the check is attached hereto and incorporated-herein as Administrative Complaint Exhibit 2. 11. Atall times material Respondent failed to deliver earnest money to Respondent’s broker. 12. Respondent failed to notify Seller that Buyer’s check were not deposited with Respondent’s broker. COUNT I Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, 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. COUNT If Based upon the foregoing, Respondent is guilty of failure to immediately place with the 2 FDBPR v. Kimberly Ann Fleak Case No. 2006015496 Administrative Complaint registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and. Section 475.25(1)(k), 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 ofup 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; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; FDBPR v. Kimberly Ann Fleak Case No. 2006015496 Administrative Complaint injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. SIGNED this \S we day of S , 2006. Dennis J. Yecke Deputy Secretary for Professional Regulation wapértrment of Pr Magdeion at UMISION OF delean, Senior Attorney Jorida Bar N° 734853 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 © SA/k PCP: MV/BB 9/06 FDBPR v. Kimberly Ann Fleak Case No. 2006015496 Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time 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. “ O0-02+05 12:44 __-FROMPLAN OFFICE OE.LEE D -GLASSUAN PA asdsevezTa = THART 02/10. F984 PST ATES HN MaMa _ tee awe eo 8. 8.0055 aa Kazpet By the Sea Resity 7 z “3 4 4 a 7 a a 1 n 2 a “ w i) wv wm ai gba fe aia purchase le Tern ‘as tha “Property.” Personal the purthasa price. o lbutory value and ig being tatt for Seller's comanience. PRICE AND FINANCING | F 7 . Fee by Baver in 28. Currency ays fayiows: gh to be delivered ta Eacrow Agont il aya from Effacive Pate C10 oe epi tp 299 AR . or uve (10 days i left bank) ; Gye nencing (#90 Paragrapn 3 below) (express as a dollar amount or percentage) mt) {aa Batancd ta dase (nat iyanding Buyers CSinG fein and fons). AN Tongs 2 . . paid af closing must hoped sy pesky case, aes Breen i official sank creck, or wired us INGING: (Check as applicanle) [Y (a) Buyer wz} Cash for the Property with no financing contingsncy. # Ta) een apa Sach pean PR Te rey co fanc aan, = Buyer's craditworthiness (the "“Financing’) winin: fram Effective Date (S days if feft blank) and provide Seller Kad Maha witten Financing commiment ar approval ieter (Commitment) within ars days Warm Effectiva (SO days 35 lef blank) (Commimant eer a) auyes will Keep Sefier and Broker tully infarmad about inan application stals, progress 36 and Canmitmentissues und izes ha Mortgage broker and lander ta disciase sli information to Seiter and FR 7 Broker. Onca Bayar provides the Cammitment bo ine ng cy is wajved ang Seller wii be ented to co iin tne depasta Wf the iratesction does not clase by ihe Clann Rate uniews (1) the Property appralses below tte <= revlon Ot rvs oars eee aa EW Pisin Gigarce unt goed faite corns ene 195 ye Peet , using diligance and 4 Cammiment vathin tie grist Per, is Coca al Uo aoe ene? onK Goad Fh az : cLaSsING . es 4. CLORING DATE; QCGUPANCY: Unless extended ‘other sions of mis Contract, his Contracs wil be eased on SS I SALAIE rae numa arpeemetioreen ohms nae ne osa ic ee ive: fern a is a Sand {h) deliver the deed. ccaupancy and posmession, atang ‘al kaye, Garage door onnnere aid avonee’ Codes fe rit 3 i Fe thea tee waster aks pam el ar Waayor uit inenebancly soa n at Sallan revised tit JON 4 ian does rebum al ie Sad eaenae Saree a ee docaiments end other ame? @ §, CLOSING { COSTS: Closing will take lace in the county where tne Property is may bo 51 conducted by mail or electronic means. Iftite inourance Fura Eluyer for ile’ defor ing between the life binder effective 8% date and recording of Buyara dead, clo ‘Spent will disnurse at clasing the nl sale preceeds to Seller and S Broker Se per Pammaraph 18, in atdaian te arher expanses provicied m ths Gontrant, Geller Guyerwill pay the casts cated hejcn, . ss sien 1, FO wes . acknowdedge receipt of a nopy of thia page, which Is Papa 1 of 7 Pagosa. BARS Ree oar gang ninae Area tet Sie ree Lee ao tacfense apd san ‘Adden rormanieg Goon tate cheat earth 1305) z7o-sag8 ADIVENISTRATIVE COMPLAINT exHipiy # fo pace loo I/F 8-02-05 12:44 FROM-LAW OFFICE GF LEE D GLASSMAN PA +9540676279 7-831 P.03/10 F864 Aug"aa Gs Wied“ indy Sse” ~ ALL ACLLUE ena guus & a 9& 08-0065 ps 2) Selier Cota: Salter will pay taxes: Surtaxes of the dead and recording fees for dacuments neoded to cure tila; up ta 3 oe Oe 56 (1-6% if teft blank) of the purchase price for repairs to worranted ane (Rea Lina, ard uit §_ op —O— % (1.5% if left blank) of me purchase ice wood-destruying arganism ieetment and repairs WRO Repair ": ih] Sayer Beater Buyer will pay taxes and secomdl fees on’ notes and manpages, Tecan lees an te dead ana inancing statements; an axpenses lender's tide pay, Ineperalanst mavoe fan ee eee i (o) Mitts Evidence and insurance: Chack (t] oF Gi (7) The tide evidence will & Paragraph 10(a)(1) owners tte meurance commitment. C1 Seller CI Buyer wit select tite ager 1 Seller) tag Will Pay for the owners tite pouicy, search, examination and related charges. Eacn FE (2) Setier will provi an ansiract ae specified in Paragraph 10(A)(2) as tita evidence. Cl Seller TL Buyer wil pey for the awner's tite pal 8nd select the tila agere. Seller wil pay fees for tle rehes prior ing. Inctuding wer Search ane fen enarch foes, end Byer wl pay fees for title ev anes ee cosng fit any), fe anita. fe feas and - w assessments Impasi Fees ar lane that are rertiied, confirmed and talfied nofare closing and (i) ine amount oY the keer ea ee Sasesement if an Improvement is sui ee of ve: Dame but has tes in allen befare closing, and = nian instentialy Compietad Effecsi Net reguite in alien joing, {fl fax Withholding: Fuyer aad Seller wil comply with the Foreign Investment in Reat Proparty Tax Act, wnleh ira - Seller t0 pravide acditionsl cash at casing Tederal law. mayen . QHomeWarany. O payer O Sener NIA wil pay for a hame warranty plan issued by homne winrraniy plan provide for repair OF raph of tiny at's Hammes meanontcal sons Sand Baie Appilances to oxcal ad Wisjar BA Sai inthe my Here faplacement of niany of a meckanical systems majar bul pallan PROPERTY CONDITION 6. INSPECTION PERIODS: Buyer will completa the inspesions referenced in Pai Ins 7 end B(a}K2) by ~ (uta 10 days from Effective Dwi w fof bearish Inspection Pestnyl feast 6 days prior to closing, i Ioil. blank); Fax the ali trough inspacton Gi wis aiy hakace Cash Das a any DH Bae agensaine'va tie paves Sa te eee 7 REAL peor fat least -b days priar fo closing if left blank). 7. REAL LOSURES: Soller fepresouts that S¥Wer Goes nat know of any facts that materially ffect the vahus by survey, with the lander ang with appropriate gavemment agendas which fiead zane the Property is in, whether Toda insurance Is ce wired 3nd What restrictions ‘a Improving tha Propesty and rebudiding - fh ihe event of canuaiy. Ifthe Property is ma Spacial load Hacard Ares or . dnl Ng VWezans Arua arid Wop bulidings are i) Mold: Mald he of the natural envimament that, whan accumulated in sufficiesit quantities, may prezent health risks to suaceptibie ersahs For mora inlonnaser Conary oS cee alt quality specialist or other appropriate professional. non Ol ssa m renuipt af « oopy oF this page. which is Page 2 of Pages. Sotuware and Added Foruaties Coes aah nes Nite Bens Ree eae Rights Reserved. (05) Z7s-4598 ADMINISTRATIVE CO EXHIBIT ef PAGE 2 hn teenie ‘ 09-02-98 12:48 FROM-LAW OFFICE OF LEE-D GLASSMAN PA vasaesrezTs = T-831P.O4/I0. . F884 mug en wa usp Franco Saran? | atelteereceeeteae? wa uue BRESAS i g we “HESSIARPTRSSTMLERZERE RU RARE RARSETELART LAT EARP EREA EEE Sk 08-0055 a7 §, MAINTENANCE, IESPECTIONS AND REPAIR: Sete wit keep th Fropery i the same conan mm Enacive Fab und Cloging, exnept tor nomial war e i H arrese end ellives tre wear and at Cimaimenance requirement) and repairs required by this Contract. Soller will provide id f inspections. Buyer wil ropalr all dam: t the Propany resulting from the inspections, ratum the Pro fo ins pre-inspaction condiion ard provida Geller wi pal receipts wok Topary pon plea Seen, unis bect cae ne ane Pi ira or ca ee Sane, on a ia Tee Gondisan warranted, Rave a Becond Inspection made hy B profasslanal Inspecse’ endl oll tepair ospmmics: te Buyer. ifthe first and second inspection reports rifter ana the partes Cannot resolve the differenczs, id Seller fagether wil chonse, and equally split the cat of, a tied Inspoctor, whase written i Pa i eared ir grasnieing, Seller does not have to teat ine Propany again fF () {2 no wisible iva infestation, fi} Geller vansfers a ‘Suireny full veatment waranty to Buyer at cesing. Cthonwise, Beller will have 6 days trom receipt of the inspector's repart to nave Gamape estirmed by.a fcensed bulding or goneral contractor end conecitva weatment estimated hy a PRE Conta] pat Lime a Capa ade By a appropraply liceaser person at Solley’s Fearne up to the WDO Repair Limit If the cost ta meat and repair ine Property excoeda the Repair Limt, either party Se eny ne excess, falling vmien either party may cancel this Caniract by welttan neice ta the amen. Beyer fete in unely Seiiver the inspectors written report, Buyer ancepte the Propeny “as ie* with regard to weod-destruying organism infeatatign fneinfenance requirement, ic} Wal { 8 ‘walk fneDuigh the Seller naa macs cs were Sa ota nal ste ar et meat ms wm making FS, Feat either party cancel thie ty @gs00mOn, this paragraph wit not apply 12-comman elements or recrealion er other facdifies, ae and Seiler wr; ucknowledge receipt of a copy of tis page, which Is Page 3 of 7 Pages. Ree Wee wm OOF, ARaScienion mane aans om eae eee Software and Added Fornaiting Copydaht q Reserved. (305) 279-989 , 09-0205 12:46 FROU-LAW OFFICE OF_LEE D GLASSMAN PA +9546676278 831 -P.O5/10 F864 08/34/2005 1775 3% boas eyGour ALL ACTION pia : MUU aug 28°03 Beads 2 BOE Ee CCE LE BIE CELCEEELELELLLLELLEETECLEEETOEELE aa ranco Stefan 954. .8-DOB5 , pa THLE 10. TALE: Sellar will convey markerable fide to the Property statutory warranty desd ar wuswe, personal representative or ghamiian dead as appropriate 1 Seller's etatis, a scurdance uh Srrens Ne cies we FI SO eo reams in Sater ia wr Beer Surrent tile standards adopted by erica Baez, only ta the following tlie exceptions, none orwruch Brevant residential use: of the Property: i end hans af record; maters of plat aasting zening and government fequiatians: oj, gas and mineral of ecard ifthere Is no rignt of emry: current taxes, 0 Cakes. 4 morigages thal Buyer will Beaune; and encumbrances Mat Salle will discharge at or before lazing. Seller wil, at least 2 days prior to ¢icning, Heier to Buyer Sellers choice af ane of the fatowing types of tle evidence, which must be gensrally in the county ara oto 2) ie Bar eas (Pec n Paraaraph Be) the selected type), Sellar wi use option (4) in Palm Reach Couny {1 4 tata insurance sammiiment lesued pr: & Florua-licansed ttt in unt of the and. Subject only to tise ry la Insurer in tne ama purchase prics (2) An exiting Of tile fron « reputable and existing anstract fiom firm jg not @xdisting, then abstract must he cefified aa eatrect by an existing fir) purporting 10 be an qamage eos (Tot eedsting, t affecting litle 1 the Property recarded in the: public recaria af tte county where the Pi is localad and certified to Effective Date. However, Wauch an abstyact ig not vailabie to Sell icy acceprahis to Ine proposad ineurar as a hase for reissuance of coverage. Seller will Fey (or copies of all poboy exoeptions and an update in a format wcoxptable to . Buyer's closing agent tro; m ine policy efferdive date end canted tp Buyer of Buyer's closing agent, together with coples of | all documents reeited in tha Key and in the 5 ey i leto Gellar then (1) above wil be ree ten in tie update. ita prot policy is not availabli m {b) Title Examination: Buyer wil examine tne tite evidence and deliver writen Retice in Seller, within 5 days from receipt of fitle evidence but no later tan : Closing, of any defects that make the fils unmarketable, Beller will have 30 Gays tram receipt near dees ane reed page ete Gnlurs pe Wosbee tne dalects within the Wengacton. . 1 Survey: Buyer may. at Buyer's expense, hive the Property surveyed and totiver wciien notice to Seltor, within 5S days from receipt of § i uivey but na later than closing, of any encroachments an the Prope - Bnicroachinants by the Preperty's improvements on ther iands or deed restrieaion ar zaring Malations. Any euch onteestiney ox tha same mannar ag a fie detect and Buyers and Sellars obigatians wit he determined in accomance win sumpaiagrant 0) gheve: If any part of tie Propany fles seaward of tha coastal consucticn control fine, Geller will provide Buyer wth an atic or stivey 2x requted hy law dafncating ihe line's eeation on the propatty, unigss Buyer wanes. this requirement in waiting. the latest offer. Time ie of the essence for all rovisiane af this Contract. Ad time 6s will be Competed In business days Sanday, holidays}. (f any deadiina fas an & Saturday, Sunday of nate eon oie, wil next pucinass day. All time pariads will end at £00 p.m. loral time (meaning in the munty where the Topenty bs jacated) of ne appropriate day. efranically oran paper wil be accemable for all purposas, incksding delivery, and wail ba binding. Handwritten or typewriten lors inseried al in ar prepa a Uhenforeeanie, all remaining provisions wil continue ta be fully afiective. and Seller will use diigence and good fain nm Parfarming all obligations under this Agreement, This Confract wail nox he tecarded in any public records. 14. ABSIGNABILITY; PERSONS BOUND: Buyer may assign this Contract without Seller's wikten consent. The tenns “Guyer” "Setier,” snd “Broke may ba singular of plutei. This Canmact is binding an the helrs, administers, exacutors, parsonal representatives and assigns (if parmined) of Fi +r, Seller and Broker. mar GF CE) ane sere z acenipwhadge racsint of a copy of this page, whlch Is Page 4 of 7 Pages. Fans 3 ‘Aaeeciagon af Al rears aentea aee ecebtot : rm aizin, . ¥ EXHIBIT ¢ Pace Y ADMINISTRATIVE COMPLAINT O9-02r05 12:46 FROM-LAW OFFICE OFLEE 0 GLASSMAN PA +9546676278 ~ T-831— P.06/10 F994 ne BNE adh 8? Fax 2547 464506 AIL Action ERA 14006 g #KERUS NEPREBIRLELSESTN VEPSHSTS S SUNBURBRRRRTRHESRSR UNAS SRLEEER & 954 -a0-0065 Py) DEFAULT AND DISPUTE RESOLUTION Specific perfosnance aa per We full amaunt of te ni ‘fee. >) Buyer Default: H Buyerialis ta. this Contract within the time specified, Beata they payment of Faro, Geer mat chosee: eng ad ne a and (a) Disputes concerning entittement te deposits made and reed to be made: Buyer and Seller wit nave 80 days from {hia dala condloting demands ar: made to attempt la resolve the diese thraugh mediation: If hay fails, Facow wil aybmilt tha dispife, if aq requires hy Floris law, to Escrow Agents chaice of acbifratien, a Plarida court or the Florida Real MH be i Al wenrfelated disputes, Any disputes win a reel eatata licansas or fimn named feat re etal ob, maratad a selec Oni Me Tiaanses Weer Gononts br being th become a party 10 the eunive (©) Mediation and Arbitration; Expenaes: Mexfabon” je a process in which panies anempt 10 reso @ aspul by euhiniting it to an imparcal mediator wiho facies te resoamion of the dispute but who Is fot empowered i Impose a Settlement on the partes. Mediation wil be in accordance win te Iules of the American Arbitration Association which the paris reso cdon a a he eaten wal wqualy eee i partes resolve a a deeiies, Bnd whose Sangeet disp hearing beloye a neural parson wha the matter 8 i i EBCROW AGENT AND BROKER 17. ESCROW AGENT: Buyer ani Seller autharze Escray Agent to receive, deposit and haid funds and other items m eae and. cub sing emer oop Proper euinert=aton ana in accordance wih Faris jaw cri te tars 3 rang a. The pares agree crow AGENT Gable ta any parson for mmiadelvery of escrowed hems 10 Bi oro aol, i w that ere important w them and ta const an appropriate professianal for lepal-edvica example. rating cantrarts, determining tha effect of laws on we Property ang Fon stave or tae ies rere Pe writen records. Fr agtoas 9 Fely ablaly on Salint, profwamionnt hore was ined napeeescwtat war for werificatian of tor and compensating their respective venders. This wi not felleve Broker of stawtory obliganons. For purposes: this paragroph, Breket wil be-bghed aa a perry ps fas Comiect Thos parearaph 49, BROKERS: Tha licennee(s) and brokerage(s) named below ans call referred to as "Broker." lastuction — to Closing Agent: Seller and Buyer direct closing agent to disburia at closing the full amount of ine bramrage fees ns pacified in separa brokerage agresinents with the palties and cooperative agreements hetyeen we brokers. except to ie extent Broker hes retained such fees from tne escrowed funds. in the absence of such brokerage agreements, closing agent wil disburse brokerage fees aa invicatad below. This paragraph will her ba used ta masity any MS or omer offer of compensation made hy Seller or Usting brater to Cooperating brokers. Buyar and Selier 7 Fp imamate onder nner FAR-G Rev. Bobs Asahal Tegaprpd Livonand 3 Anal Siar Sonat and Argon Sopyrignt 2000 Alta Stor Saltware. ine, AN Fughts Resarved. (508) 279-6500 » O8-02808 12:47 FROU-LAW OFFICE OE-LEE D GLASSMAN PA +9546676279 ~ T-831PLO7/N0 F964 ——UP/0T/ 2005 15:30 FAX 9647464506. AL} Action ERA oor Aug 28 06 09:44 Franco Stefani ° 954-208-0065 p10 we Nw a6 Kimberly Freak, PAJQs0TE6 Mizner by the Soa Reaiyy, tre/25 898 Saving Sees Asscoaryt icone No, feling Flimvcxonerage Foe: (5 or % a? Purchasa Prey) wr Donate “Dino” Paviitie ¢47227¢ SRA Ai Aotion, e126 Listing Sales Assnckawwmicanse Now Listing Firmipiaraga Fee: (5 arta of Purahace Priea) =a ADDENDA AND ADDITIONAL TERMS. aoa ADDENDA; The following additional toms are inctuaad in addend incorporated jeneck If applicable): 0 A Conde. Assn. ral Hi. Ag 1s wtigh po Inspect Q Intopast Bowing Moe U. Fiep Diewoura Sint a q 5. hameowners' Assn.) & Inspections ae. Gantraca 1 W. FIRPTA aR ©. Sater Financing =). J. Insutlagon Disclosure FF GQ. Broker-Pere. int. In Prop, 1 X. 1034 Exchange sa 1D. Mort Assumption 8 K. Pre1976 rousing sire. (13 OR. Rentais BS ¥ Additional Clavaes 34 [1 & FHA Financing & Insurance, fk &. Satet_sase of Buy's Fropany Oner 76 1 EWarinancng = CM. Housing Okferertons 2} T. Rezoning © otter OG. NewMor. Rates | [] N. Unimpravamag. Prop. 5 U, Assignment Q other ae KEERRRERE ERS SR RARER RHE i v2 ie ; RR Bayer, and Batter repeipr of a eapy of this page. wren Is Page: Bof7 Pages, EASA ree (0 si ren enna Are BH Cremerag Aocouranas receipt of ‘Star Bolbware, inc. All Alghs Resarded. G08) Zsa ADMINISTRATIVE COMPLAINT EXHIBIT = PAGE (@ .. ‘ 08-02-08 12:47 FROM-LAW OFFICE OF~LEE 0 GLASSMAN PA #9546676279 T831P.O8/10 4b BEES . 48 Sead ER es ~ Fod64 re : @oas GEGTECBOOS 32 40 PAE wsqqeeasos . ALL Action ERA q ‘5 au Dawe Seiler Phone; Prirk name: a Fac : Emait ~~. ~ COUNTER OFFER | RESECTION DB Soltar caunters Buyer's offer ME a Pt the counter offer, Eaayer mut sign of lafial the equnier offered terms and ceiver Aoopy af tne acceptance to Beller by 00 pum, OD renee). EL Sela tects Ruyor's offer. auyor Pr 1 >, and Sater, 7521 t___} acknowlasdge racept of a copy of ints page, which ts Page 7 al 7 Pages. The Fengt Aysactroa af REALTORS and bocol Searvaggocianan of REALTORS Maan ne Teprmsarmngert as wo he bag ao aes Std ear Deewalen of sn saver In ey Specie Tenagiion. Tee eyendant ad POT Sraudd not be weed be. ranecdions or mtth extensive fiders or cas fea ast Dy 2G COTS al BaTAIO Hee eee aaa i Suet ae BRERLTOR. TOR H & gece stb pate Pony Dv te Et yf ee cp wh SATIRE 6t Bus Carter AobRION, A REALTORE and who sfesrribe ta ka Code ot ‘The snpyhyhtleus of tro Unie Sues (17 UE. Coagy fem Wer pnauanorced repreaiacin id blank formes by ay fanaa Inckatng Taare Or comyputatiod far FAR. Prong Ascociuitcn of Rompacst Lenesea Sanaare A Sora WRAP RSENS a BOAT RISES Recoreas. cnet oems = Sa MMISTRATIVE COMPLAINT » 09-02-05 12:48 FROM-LAW OFFICE OF-LEE D GLASSMAN PA 49546876278 oa T-831P.08/10 | F+864 mE SCRE ATF AL Fax 2547464500 All Action ERA 954. 55 . nie Ntmner By tha Sea Realty ‘Tha causes balaw will he incorporates into the Contract henvean ar ir —_ isan stand ais . ene Oniy It Intdalea by al pamies ea iG FH ) ate et nye rege gre: er 26 MAS” (Dexifine). canceling thie Contact, and Seljer vill nefund Buyer's epost. If Buyer does not timely provide wiitien natica of cancellation, this cormngency will be daarued removers ner FARIO-S Rew 10tie 1© 2604 Plartais suxactatlon of REALTOROD A Rigrus Rusonas, Khacnied ty ARE Soy Pagu tol} Liar Rage 14619074 Software and Addod Forciatsing © 2004 Alta Gta Sueace Wier AN Highs Passer ioe eat ane Sede f INISTRATIVE COMPLAINT. 2 * pgeo2-08 12:48 FROMMLAW OFFICE OF-\EE D GLASSMAN PA +9546676279 ~ 7-831 P.10/10 F864 ‘nh AER TE Bax 2347464506 ALL action ERA 56 a 08/30/2005 1E:28 Rak O547484508 ALL accien Raa naz ADDENDUM PROPERTY ADDRESS 4850 SW 86 Terrace Coopar City FL. 33328 In reference to the Deposit Receipt Cantract hetwaen Albert and Colleen Baers, the buyers and Florenas Fagan, the selier ‘The undersigned Buyera and Sailers hereby agres that the fatlowing tanns and canditions shall become: a part of the said Depastt Receipt. Appraisal shall be completed and value delivered to Buyer's lender within 7 days of affective date of the contract. Buyers and Sellers agrea that should the property not appraise at 485,900.00 then Buyers and Sellers agraa to.change cantract purchase price ta property appraisal value and reduce closing costs helng paid by Seller accordingly In order to net Seller 446,103.00 Should property appraise below $445,103 then Seller and Buyer will renagotiate the purchase price or the contract shall become null and void and all deposits returned ta the Buyer. Cormeniesions shat! be hased on the arnauuctt oFher the, Sciler{s) costribuchen 18 deteermineal per she apprais of anoint. This addendum upon lis executian by both patties shall hereby make an Integral part of the aforamentionad Deposit Receipt Cantract: ADMINISTRATIVE COMPLAINT. exert #l ee ere ips ‘ 13-Sep-2005 10:42pm From-Kinko's Fort Lauderdale Downtown 9544670710 T-800 «P.007/008 F711 09/13/2005 11:00 FAX 95474645: __ AJL Action ERA . tgno2 ADDENDUM PROPERTY ADDRESS 4960 SW 88 Terrace Cooper Gify FL 33328 In reference to the Depasit Receipt Contract between , Albert and Colleen Beers, the buyers and Florence Fagan, the sellers, dated 9/2/2005 The undersigned Buyers and Sellers hereby agree that the fallowing terms and conditions shall become a part of the said Deposit Receipt. Buyer is aware that the appraisal of property is $445,000.00 7 or Buyer and Seller agree to change contract purchase price to $445,000.00 Seller shall pay $3,500.00 towards Buyers’ closing costs and prepaids a+ +ime of closing . Real estate agent agrees to reduce commission to 4% of $441,500.00 This addendum upon its execution by both parties shall hereby make an integral part of the aforementioned Deposit Receipt Contract . Qe P-[ 4-097 SELLER DATE SELLER — DATE ADMINISTRATIVE COMPLAINT exnipir #_f PAGE (6.8 DS Avg <0 UD Uv:44p rranco oterant . Yb4-208-U055 p.13 LEAD-BASED PAINT WARNING STAT: Mizner By the Sea Realty... nberly Fleak, Realtor FLORIDA ASSOCIATION OF REALTOR: (Use this form with contracts for the sale of residential property built in 1977 or earfler. This disclosure must be made beginning September 6, 1996, if Seller owns more than 4 dwelling units and beginning December 6, 1996, if Seller owns 1 - 4 dwelling units, Seller and licensees must keep a copy of this completed form for 3 years from the date of closing.) Sale and Purchase Contract: This clause is incorporated into the Contract between Florence J. Pagan _ : {Seller) andAlbert W. Bears, Sx. and Calleen P. Baers, husband and wife (Buyer) conceming the residential Property built before 1978 and located at - . “Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that ‘such property may present exposure to fead from lead-based paint that may place young children at risk of developing lead Poisoning. Lead poisoning in young children may produce permanent neurological damage, including teaming disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspection in the seller's possession and notify ihe buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase." For purposes of this addendum, lead-based paint will be referred to as, "LBP" and lead-based paint hazards will be referred to as "LBPH.” (4) LBP/LBPH in Housing: Seller has no knowledge of LBP/LBPH in the housing and no available LBP/LBPH records or Teports, except as indicated: (describe all known LBP/LBPH information and list all available documents Pertaining to LBP/LBPH and provide documents to Buyer before accepting Buyer's offer) & (2) Lead-based Paint Hazards Inspection: Buyer waives the opportunity to conduct a risk assessment or inspection for the presence of LBP/LBPH unless this box is checked (Buyer may conduct a. risk- assessment or inspection for the presence of LBP/LBPH in accordance with the inspection, notice, repair and repair limits of paragraph 8(a) or H of the FAR Residential Sale and Purchase Contract or standard N of the FAR/BAR Contract for Sale and Purchase, as amended and as applicable). {3) Certification of Accuracy: Buyer has received the pamphlet entitled "Protect Your Family From Lead in Your Home" and all of the information specified in paragraph (A) above. Licensee has notified Seller of Seller's obligations to provide and disclose information regarding lead-based paint and lead-based paint hazards in the property as required by federal law (42 U.S.C. 4852d) and is aware of his or her obligation to ensure. compliance with federal lead-based paint taw. Buyer, Seller and each licensee has reviewed the information above and cartifies, to the best of his or her knowledge, that the information he ar she has provided is true and accurate. Seller Albert W. Bears, Sr. Florence J. Fagan 3 — 8 f2-8] 2005 ; &73/-085 Date (D> : Date ag. Buyer Seller Colleen P. Beers Date Listing Licensee - Av jos ate LBPS-2 8/96 © 1996 Florida Association of Realtors® All Rights Reserved. Licensed to Alta Star. User Regi 14410824. Software and Added Formatting © 1999 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 “14-Sep-2008 10:41pm = From-Kinko's Fort Lauderdale Downtown 9544670710 T-860 P.002/008 = F711 09/13/2005 11:05 FAX 9547464506 _ All Action ERA _ Woot Ss. 7 ey oa REALTOR® Assotiation of Greater Fort Laaderdale Inc. 2S DISCLOSURE STATEMENT _— Sclfex{(o) Name(s}: Property Address: GF Ts cach Individual named nbove 3 US. Citizen or resident alien? (14Yes ( ~ -€P Teen Apourinte Aga of Prepay? 2b Dales Purchased 7 7 & NOTICE TO SELTZER Each Sellar is obligeted to discloss to a buyer all known facts that memriaily and sdversely aftect the vales of the property being sold. and that are not marily obsarvable, This disclosure statethent is designed to assist Sellex in complying with disclosure requiremettts and tw assist Buyer in cvaloating the propaty being comidewéed. The fisting ree! ectate broker, thé selling real estate broker and that Tespectlye agents will also rely upon this information when they evaluat, market and preemt Seller's property to prospective bayars. NOTICE TO BUYER ‘This is a disclosure af Sellor’s knowledge of the condition of the property as of the date signed by Seller and is nor a substitute for ay inspections or watruntie’ that Buyer may wial 06 obtain. It is not 2 worranty of any kind by Seller or a warranty of representation by the listing broker, the éclling brolam, or thelr agents. OCCUPANCY . Dots Seller cucrentty occupy this property? ( ‘Yes ( No. If pot, how long tas it been since Seller occupied this property? LAND (SOILS, DRAINAGE AND BOUNDARIES) {@)_ Ts ther any fill or expansive soil on the property? ( ) Yes (~SNo ( ) Unknown (@) Do you imow of any sliding, sctrling, earth. f, upheaval ar carth srability prodlems that hove. occurred on the property or io the immediate maighborhood?( } Yee ( 0 (©) Inthe propeny lncard iy on earthquake zone? ( ) Yes (1 (d)_ Is the propenty located in a flond anne or wellsuds area? ( Uf Yes ( ) No fe) Do you knqw of any past or present drainage or flood problems affecting the property or adjacent propertics? ( Y¥res(4No (8 Deo you Jaow of any encruschments, boondary tine disputes, or easements affecting the property? ( Yes ( lo (®) if aay of your answer: im this seotion ate "Yes," explain In detail: ROOF G) Age: . ps years, (b) Haste: Fever lesked daring your owsershin? ( Fes ( ) No (©) Has the roof been replaced or repaired daring your ownership? ( es ( ) No (4) Do you know of any problems with the roof ov rain gutters? ( Yes (ea-Ko (©) Wany of your caswors in (Bef aa pein in details, fp Jaz TERMITES, DRYROT, PESTS @) Do you have any inawledac of termites, dryrot, or pests on or affecting the property? ( }Yes (No 0) Do you have aay knowledge of any damage to the prapeny caused by termites, dryrot, ar pests?( ) Yes a0 &) Is your property curendy under any warranty or other coverage by @ licensed pest oonmal company? { ) Yes ( lo (d) Doyou mow of any termite/pes: control reparts or troatrreats for tho property in the last five years? ( ) Yea (aKo {e) any of your snswery in thls section are “Yes,” explain int derail: Page 1 of 4 Rev.3097) COMPLAINT Py / cn ae . 13-Sep-2008 10:41pm — From-Kinko's Fort Lauderdale Downtown 9544870710 T-800 P.003/008 = F711 es DU) meee Ae A Cust even ALL SCT1ON EKA igjoe2 a ae ~~ STRUCTURAL (TEMS @ Ce Past or present movement, shifting, dettioration, or other problems with walls or foundations? CV Y¥es¢ b) so ymayrrved ey pat or ren coeto fev sextet Yes Corfe © Pee any dS pees weer dogo fi hee? )Yes ore @ An past or present problems with drivewuys, walkways, patios, or retaining walls on the property? C )¥e Me & lave there boen any repairs or othr attcmmpm tn contro} the cause or effect of aay problem deseribed shave? € )¥es ( No (OQ Wany of your answers in this section are “Yes,” explain in detail ‘When deeeribing repairs or concrul efforts, describe the location, content, date, ald name of the person who did the repair ar control cffort: to. ADTUTIONS/REMODELS @ Have you made my additions, structaral changes. or other alterations to the prupexty? ( LAs ¢ 1 No "@)Uf¥o5" dit you obtain all necessary pormits md approvals and wes sll wack ia compliance with beilding codec? © your eae sa” emobintt Model Sled ond! fh b Ard Satara ~ @ Did any Formcex of the property male any additions, structural changes, or other alterations to the property? (©) Ifyouranswer fs “No.” explain: cea C Yes ¢ Io{ ) Uninowa ©) [f*Yes," was all work done with ell necessary permits and approvals in compliance with building codes? ( ¥es € ) No ( ) Unknown zk ——— PLOMBING-RELATED ITEMS (@) | What is your dsinking water soures? ( ic ( )Privarc Systom ( ) Well on Propeny by ff your drinking warer is from a well, when ums your water last checked for safety snd what wag the result oF the test? (©) Doyuwhave swatcrsoflener?( Yes (UfNo ( )Leasedt { Owned (@) Whatis the type af exwage system: ( lic Sewer € )Privats Sewer ( )SepticTmk ( ) Cesspool (2) Ts theres sewage pump? (Yes cyte (0) When was the septic tank or cesspool last serviced? @ Do of any leaks, backups, or athor problems felating any of the phunbing, water, and sewage-relaied itemz? { ) Yee (Ne : i) Teyour answer is “Yes,” explain in detail: Page 2 of 4 Rey. 3199) VieSen-Z008 10:41pm From-Kinko's Fort Lauderdale Downtown 9544670710 T~800 P.004/008 ~ F711 09/13/2005 11:06 FAX 9547464506 _ All Action ERA Moo03 12. HEATING AND AIR CONDFIIONING (a) Aix Conditioning: Beets ( }Centra{Gas ( ) Window ( ) #ofUnits Included in Sale () Heating: ( i VFoeiO ( }Nenwal Gaz ( ) Other (o) Water Fieating: ( fe ( }Gas ( }Solar (d) Are yqu aware of any problema segending these iteras? ( ) Yes ( No. If “Yes,” explain in detail: 13, ELECTRICAL SYSTEM Ave you aware of any problems or conditions thst affect the valuo or desirability of the electrical system?( )'Yes ( TrYes,” explain in detail: : 14, OTAER ZQUIPMENT AND APPLIANCES REING SOLD ‘Mark the items included i the sale of your property: yaaa: ) Number af Tronpmitters; ( ) Sevurity Alarm System; comectoum Qwaied / Leased (Smoke: Denectors; How Many? __& + (e¥ Grom Sprinkiers; (C7 Ausomuatic Timer, ( LySwimming Poot ( ) Pool Heater; ( /Spa/Ffot Tubs. ( Vf Pool/Spa Bquipment Gist): a ma ss (Ly Retigneaton (WASrave; Cd Microwave Overs (LS Waster, (YS Dryes (La Bistwasher: ( ) Trash Compacmne; ( ) Interoom ( ling Fens; ¢ ) Ocher; . : Asc any of these in need of repair or replacment? ( ) Yes iy, No, If“Yes." explain in detail: — Dap L ptt, meat bel bb 1s. NEIGHEORHOOD Fr ote a er ee ee a ene oe eck property, such as noise or other dulzance, throat of condeymation or street changes? ( Yes ( - Uf "Yes." explain in detail: 16. TOXIC SUBSTANCES {ay fe oe ony nd ks oe pac te pop fmol) ah eho PC sccunvalated radon, tead paint, ar ochers?( } Yea ( » TEV es," explain in detail; (6) las the property been tested for radian of any other wxic substances? ( ) Yes (Ko. Le“Yes” explain in detail:___-§_ 17, CONDONIMIUMS AND OTHER HOMEQWNERS ASSOCIATIONS () lw the property past of 2 covdaminivn or other cat eruhip or is it subject to covenants, conditions, aad rettrictions (CC & R’s) ofa bamcownet’s association? ( ) Yes cuyke (If your easwer iy “pa”, you may Ignore tie reasinier of this soation.} {b) fs there any defect, Frobiem with my common elements or common areas which could affect. thefr valus or dosimbuity? ¢ Yes ( 17/Ne ( ) Unknown (©) Ys there amy coudison oy claim which may result in an foseease im assesements oF fees? (J Yes (Yo. ( } Unknown. Ef your suvswer to (b) of (¢) is “Yes,” explain in detsil; * ne affecting the Cy ¥er ( (@) Is there any existing or threatened lege] action it Property? (_ ) Yes fo - @) Do you know of ang Violations of local stare, or fedees! ines or nopulatione relating to this peopey? ( )Yer (44No . (© Us there anything clsa thar you fogt you thould disclose to 2 prospective buyer becausc it may materially and adversely affect the value or desirebility af the ’, &g4 Zoning violation, non-conforming nits, setback violations, Zoning changes, road changes, etc.7( 1 Yes (A Ro Ifsny of your answers in this section ave “Ycs,” explain ia derail: Page 3 of 4 (ev.3199) ADMINISTRATIVE CO + (/20 * 13-Sep-4205 0:42pm — From-Kinko’s Fort Lauderdale Downtown 9544670710 1-800 P.008/008 F-71] - Vol a eee bau EAA woe rauabut All Action ERA ood — ~S To lated ee ee cepresens dt ike iformation st fda in the foregoing disclose statement js sccustte and complete, Sellar does not Intend this disclosure sramment ta be a watramty or gowrantes of any Kind. Seller sathorizcs Listing Agent to provide this informatica to Brospective buyéss of the property and to real esta: brokers and salcspeapla. Seller understands and agrees that Seller will notify Lining Parrags of at modintely Ef any infomation set forth is this delomre statement hecomes inncomate or tcottea in ary uny eoren a pastage of time. reas Daeg Q2V FUMF-O Seiler: Date: Sclior: Date; RECEIPT AND ACKNOWLEDGEMENT OF BUYER 1, LHAVE BEEN ADVISED TO HAVE THE PROPERTY EXAMINED BY PROFESSIONAL INSPECTORS. [ ACKNOWLEDGE Re NETTHER ANY BROKER OR AGENT INVOLVED IN THIS TRANSACTION IS AN EXPERT AT. Devorneoe REPARING PHYSICAL DEFECTS IN THE PROPERTY. TARRANTIES ANY BROKER OR AGENT. 1 STATE NO REPRESENTATIONS CONCERNING THE CONDITION OF THE FROPERTY ARE BEING RELIED UPOW BY ME EXCEPT AS DISCLOSED ABOVE OR STATED WITHIN THE SALES CONTRACT . DB ah fi ome DLA Joos i ae CI [AOcs Page 4 nf 4 (Rev.3/99) ADMINISTRATIVE COMPLAINT 13-Sep-2005 10:42om — From-Kinko’s Fort Lauderdals Downtown 9544670710 J-800 P.006/008 F711 Boos 08/13/2005 11:08 FAX 9547464506 ~~ All Action ERA ‘The following am ia Sellers Real Proparty Disclosure Statement signed (seller) on “ple — tts for property located at {fo The following representations are mate by the Selfer(s) and are not the representations of any real estale licensees. . 1. MOISTUREAVATER INTRUSION INCIDENTS/MOLD Are You Aware: a. of any Instances where moisture/watet/condensation/humidity Intiuded into the structures located on the prop- erty as the rain, flood, plumbing leak, appliance leale, roof, window or wall leak or any other type of leak or event? NO. S Of yes, axplait:, ee b. of any damage to the struatures located on the proparty Including the grawth of moid that resulted from any type of molstura/water/condensatian/humidity intrsion ar teak? NG LY YES Q It yes, explain:, c. of any claan up, repairs, or remediation ot 8 Property Including clean up oj mold because of moisture of watar inttusion/condensatlowhumidity? NO @ YES Off yes, explain: d. of any other problame rasulting from moistureAwater intrusion/condiensationhumidity? NO Wa Offves, explain: ACKNOWLEDGEMENT OF SELLER . “The undersigned Seller represants that the information set fortn In ina above disclosure statement is accurate and com- plete fo the best of the Seller's knowledge on the datg signed below. Seller does not intend for this disctoaure statement to be a warranty or guaranty of any kind. Sellar hereby authorizes disclosure of the information contzinad In this disclo- sure Statement ta prospective Buyers of the property. Seller understands and agrees that Salter will nottfy the Buyer in writing within five business days after Seller bacommes aware that any Information set forth in this dieclasure statement has Inageurate oF incorrect in any way dusing the term of the pending purchase by tha Buyer, Seller Date; Ph —{f—-O ‘(Exqratira) - Teatatt Seller. / Date: ‘torgnatuica) (oninty AECEIPT AND ACKNOWLEDGMENT OF BUYER Sellar Is using this form 10 disclose Seller's knowledge of the condition of the real property arid improvements located on tha property as of the date signed by Seller, This cisglasura form ig not-a wartanty of ahy Kind. The Infermatian con- tained In the disclosure [s Imited ta {Information to which the seller has knowledge. It a not intended ty be # substitute for any Inspectlons or professional advice the Buyer may wish to obtala. Aa independent professional inspection is encour- aged end may be helpful ta vertfy the condition of the property and to determine the cost of repairs, if any. Buyer under- stands these representations are-not made by any teal estate licensee. MASAPD-1 Rev. 10/02 © 2On2 Flofida Asneclation of HEALTOAN® All Fights Reserved *~ 13-Sep-2005 10:42pm = From-Kinko’s Fort Lauderdale Downtown 8544670710 7-800 P.008/008 = F-7I1 09/13/2005 11:00 FAX 9547464506— ALL Action ERA . igour ADDENDUM PROPERTY ADDRESS 4960 SW 88 Terrace Cooper City FL 33328 BUYERS: Atbert and Colleen Beers SELLERS: Florence Fagan The undersigned Buyers and Sellers hereby agree that the following terms and conditions shall became a part of the said Deposit Receipt. . Buyer has completed all inspections and agrees to accept the property in its "AS IS" condition specifically and _ expressly without any warranties, representations or guarantees either express or implied of any kind with the exception of the following repairs: Buyer and Seller understand and agree that the Seller shall be responsible to repair / replace ONLY the following items: 4. Repair / replace all wood necessary to obtain clear WDO / termite report 2. Treat for termites by tenting Buyer may, on the day before Closing or any other time agreeable to the parties, walk through the praperty solely to verify that the Seller has maintained the property and that no damage has been done, other than normal wear and tear. This addendum upon its execution by both parties shall hereby make.an integral part of theyaforementioned Deposit Receipt Contract: PoLp-OS SELLER DATE SELLER DATE ADMINISTRATIVE COMPLAINT EXHIBIT #f Seb: 12-464 136a Franco Stefani’ Yyb4-2U8-UUdd p.7 we KIMBERLY FLEAK, P.A. TOP PRODUCER 2000-2005 MIZNER BY THE SEA REALTY 954.445.5917 - BROWARD eae 561.208.6434 — PALM BEACH : 888.383.9760 ~TOLL FREE - WWW. KIMBERLYFLEAK.COM a ae FACSIMILE TRANSMITTAL SHEET ‘TO: FROM: KAREN HABEL ASSISTANT TO KIMBERLY FLEAK, P. A. DINO PAOLILLO, REALTOR COMPANY: TODAY'S DATE: ERA ALL ACTION, INC. Monday, September 12, 2005 FAX TO NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 954.746.4506 18 PHONE NUMBER: KIMBERLY FLEAK'S DIRECT NUMBER: . 954. 746.4510 954.445.5917 RE: KIMBERLY FLEAK'S FAX NUMBER: 4960 SW 88™ TERRACE, COOPER CITY 954.337.0584. DEPOSIT CHECKS / INSPECTION REPORT PLEASE RECYCLE Dear Karen: Please find attached a copy of the initial deposit check and additional deposit check, and the termite and inspection reports for the above aforementioned property. | will forward the Seller's Disclosure and the addendum this evening after the Buyer(s) are able to sign and deliver. In addition, | would like to clarify that all of the other closing costs and prepaids shall be paid by the Seller at time of closing. The addendum states that the Seller shalt not pay for the mortgage closing costs. ADMINISTRATIVE COMPLAINT. EXHIBIT 7 a PAGE __ Sop: 12 06 11:36a Franco Stefani yD4-2U8-UUDD pg me Need Also, would you be so kind as to forward a copy of the appraisal report? | will need that for my records. | listed a 2/21 car garage in Sunrise should your team have any Buyers that might be interested. Phone me and | will forward the ML# and showing instructions. Have a beautiful and productive day! Kimberly Fleak, P.A. Realtor / Team Leader Tap Producer 2000-2005 “| GIVE BACK TO THE COMMUNITY.” Proud Sponsor of the Pasadena Lakes Optimist Baseball/Footbail Teams 2000-2004 Greeter at Flamingo Road Church 1999-2005 . Member of the National Bone Marrow Donor Registry and Blood Donor since 1996 Broward County Schoo! Volunteer 1996 - 2005 Proud Sponsor of the Children's Miracle Network and Susan B. Comen’s Breast Cancer Society 2001-2004 Proud Sponsor of the FAU Baseball Team 2004 Proud Sponsor of the Toys for Tots Run 2004 Proud Sponsor of the FL State Troopers Local 6000 2005 : Proud Sponsor of the 115ib. Cooper City Optimist Football Team 2005 ADMINISTRATIVE COMPLAINT. EXHIB! SBp- FZ) Ude-1 T3ba Franco Stetani 9D4-2U8-UU59 ps ALBERT W BEERS »,7999 Sunsat Ea erode eB Ue. I$ fooo® ar henwaiel Toot ins BE = WACHOVIA. Wochovis Bank, NAL weaphoda. com For. F ued, a: : ROSS ZO7 IES AOOSLASTIONTA® ELE os L19@ 69 19s¢xvs) , SIVPT TAN: BUT 1492480 $1780 (NON) S@02-21-das 00/693 “d ; . oop 7 P, 682/883 (FAR)561 688 @@17 Centerline Utilities SEP-12-2005(MON) 88:15 __. S694 Ren eae meee weute Honvae » TLS. . ig weg 6667 - = - SHBEG A DMRETY iPLAINT eed = Qo oO tad ami an zt dak

Docket for Case No: 09-000655PL