O4-Ud4k ee STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a FLORIDA REAL ESTATE COMMISSION , FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case N° 2008029263 GLINDA G. HATFIELD, Respondent . ne ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Glinda G. Hatfield (“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 676140 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an inactive broker at 896 H.\ac\hatfield.doc 1 FDBPR v. Glinda G. Hatfield Case No. 2008029285 Administrative Complaint Port Malabar Blvd., Palm Bay, Florida 32905. 4. At all times material on or about September 23, 2008 Respondent was operating as the broker for Maxous, Inc. 5. At all times material Respondent knew or should have known that Maxous Inc., was publishing advertisements in the internet as Maxous Realty. A copy of the advertisements is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 6. Respondent was registered as vice-president of Maxous Inc., with the Florida Department of State-Division of Corporations. A copy of the corporate record is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 7. Respondent knew or should have known that Rene Larralde Jr., was registered with the Florida Department of State-Division of Corporations as an Officer/Director for Maxous 8. Respondent knew or should have known that Rene Larralde Jr., was not a real estate licensee in the state of Florida. 9. Respondent knew or should have known that Maxous Inc., was not licensed as a real estate brokerage in the state of Florida. 10. On or about February 27, 2008 Respondent aided and abetted Rene Larrralde to negotiate, as an agent for Maxous Inc., a sale and purchase contract for a property known as 1033 June Drive, Unit 21033, Melbourne, FL 32935, FL (Subject Property) for $149,900 with DBDS Melbourne LLC (Seller) and Patricia Lemley (Buyer). A H:\ac\hatfield.doc 2 FDBPR v. Glinda G. Hatfield Case No. 2008029263 Administrative Complaint copy of the contract is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 11. Respondent knew or should have known that on or about April 8, 2008, Maxous Inc., received a real estate commission for the sale of the Subject Property in the amount of $2982.09. A copy of the commission is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. COUNT ONE Based upon the foregoing, Respondent is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455, 475 or the rules of the Petitioner in violation of Section 455.227(1) (3), Florida Statutes. COUNT TWO Based upon the foregoing, Respondent is guilty of failure to have a current registration with the Petitioner in violation of Rule 6102-5.019 of the Florida Administrative Code and, therefore, in violation of Section 475.25(1) (e), Florida Statutes. COUNT THREE Based upon the foregoing, Respondent is guilty of sharing a commission with, or paid a fee or other compensation to, a person not properly licensed as a broker, broker-salesperson, or salesperson under the laws of this state, for the referral of real estate business, clients, prospects, or customers, or for any one or H:\ac\hatfield.doc 3 FDBPR v. Glinda G. Hatfield Case No. 2008029263 Administrative Complaint more of the services set forth in Section 475.01(1) (a), Florida Statutes and, therefore, in violation of Section 475.25(1) (h), Florida Statutes. COUNT FOUR Based upon the foregoing, Respondent is guilty of having advertised property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content in violation of Rule 6132-10.025 of the Florida Administrative Code and Section 475.25(1) (c), 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 licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any H:\ac\hatfield.doc 4 FDBPR v. Glinda G. Hatfield Case No. 2008029263 Administrative Complaint combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J32-24.001. 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 notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61032-24.001. Hi\ac\hatfield.doc 5 FDBPR v. Glinda G. Hatfield Case No. 2008029263 Administrative Complaint SIGNED this |b day of December 2008. ATTORNEY FOR PETITIONER « ve on ce Salle ee Patrick JamgS Cunningham ABATE oF Professional R i Senior Attorney : Civision of. Real Estate Florida Bar N° 469221 Division of Real Estate Pa Department of Business and “yr Professional Regulation, jaliol og ; Legal Section - Suite N 801 Br oe rreninateananett aha Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX /k PCP: MG/MV 12/08 H:\ac\hatfield.doc 6 FDBPR v. Glinda G. Hatfield Case No. 2008029263 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. H:\ac\hatfield.doc 7 [hertetrf T-HI-0K Home Search MLS Buying Selling Home Values Community Info Mortgage Info About Us (ema eS our Loca! Real Estate Expert -oviding Comprehensive Real Estate Services to Home Buyers and Sellers Maxous Realty agent@maxousrealty.com Office:(321) 724-4411 Welcome to our Web site! Weather Melbourne, FL Here you will find a wide variety of useful information and ry . resources designed to heip you buy or seli a home more few clouds effectively in the Brevard County areas. From information on the local community, to advice about finding a mortgage or A A ] preparing your home to sell, it's all available here on web site. L Click for Forecast | M AX LJ S You can also search for your ideal home by viewing current MN AES, listings with detailed descriptions and photos. Or you can get REALTY help determining the value of your home by requesting a report that includes the prices of similar homes that recently sold or are currently for sale in the Brevard County areas. Real Estate News RSS. feeds have changed. If you're buying or selling, feel free to contact us and we'll be happy to help you with all your real estate needs. Buyers Whether you're looking for your first home, your dream home or an investment property, I'm committed to providing you with the highest quality buyer service. When making the type of investment that buying a home requires, you deserve to have all the fatest market information and the very best advice, both of which I can provide you with. Read more. The decision to sell a home is often dependent on many factors. Whatever your reasons are for selling, my proven effective marketing strategies will ensure that you get the highest possible price for your home. I guarantee to provide you with professional, ethical and confidential service and keep you fully informed every step of the way. Read more. Home | Searchmts | Buying | Selling | Home values | Community.info | Mortaase Info | 630 South Wickham Road Suite 101, Melbourne, FL 32904 . ADMINISTRATIV £ COMPLAINT. Powered by TOP PRODUCER® | Admintogin 1 pSzq¥MBIT. ft VV WV RELA Re rE fy Ae pe nnn wT oe E ELORIDA DEPARTMENT OF Srranz ; oN OF CORPORATIONS Detail by Entity Name Florida Profit Corporation MAXOUS INC Filing Information Document Number P04000116109 FEI Number 870730203 Date Filed 08/10/2004 State FL Status ACTIVE Effective Date - 08/09/2004 Last Event CANCEL ADM DISS/REV Event Date Filed 01/30/2006 Event Effective Date NONE Principal Address 4321 LIGUSTRUM DR MELBOURNE FL 32934 Changed 04/28/2008 Mailing Address 4321 LIGUSTRUM DR MELBOURNE FL 32934 Changed 04/28/2008 Registered Agent Name & Address LARRALDE, RENE JR 4321 LIGUSTRUM DR MELBOURNE FL 32934 US Name Changed: 01/22/2007 Address Changed: 04/28/2008 Officer/Director Detail Name & Address Titie P http://www.sunbiz.org/ scripts/cordet.exe?action=DETFIL&ing_doc_number=P04000 1161 Oey 844 ADMINISTRATIVE COMPLAINT. EXHIBIT #2 PAGE | OF PAGE 2. LARRALDE, RENE JR 4321 LIGUSTRUM DR MELBOURNE FL 32934 Title VP HATFIELD, GLINDA G 896 PORT MALABAR ROAD PALM BAY Ft. 32905 Annual Reports Report Year Filed Date 2006 01/30/2006 2007 01/22/2007 . 2008 04/28/2008 Document Images 04/28/2008 -- ANNUAL REPORT | 01/22/2007 — ANNUAL REPOR 01/30/2006 —- REINSTATEMENT 08/10/2004 — Domestic Profit [Note This is not official record. See documents if question or conflict. | revious on List Next on List Return To List ; | Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. ADMINISTRATIVE @OMPLAINT. EXHIBIT 7 ns - eo http://www. sunbiz. org/scripts/cordet.exe?action=DETF IL&ing. doc number=P040001 161 EX HOVE, PAGE F 56" 57° 5a" 59 60 61° eb 28 2008 2:37 HP LASERJET FAX THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLO Fi “Contract For. Sal And Purchase. ; : : hereby agred that Seller shal gel and Buyer shall buy the following described Rea! Property and Personal Props pursuant to the terms and conditions of this Contract for Sale and Purchase and eny riders and addenda (“Contra {c} Personal! Property Includes existing raniga(s), rafrigorator(s), cishwasher(s), coling fants), light fixture(s), a specifically excluded below, Other Items included are: {tems of Personal Property (and leased Rems, if any) axoluded ore: fl. PURCHASE PRICE (U.S. currency}:...... PAYMENT: {@) Dapostt held nescrow by Escrow Agent} in the amount of (chaoks subject to clear Phonex Esoow Agent’s adress: ne (b) Additional escrow deposit to be mada to Escrow Agent within __. days alter Bifective Date in the amount of. . .. S. (6) Fnareing inthe ar-ount of "Loan Amount) see Paragrapt: IV below . £27, 970 Bo {e) Balance to close by cash, wie banafe or LOCALLY DRAWN cashlor’ or offclal bank checks), subject g vO to adjustments OF POPAHONS 6... cece ee eee ene een nett ee ee ean e nate seer ent tee eseeeateteeac edie s LG 970 . prorat Wt, TIME FOR ACCEPTANCE OF OFFER AND ‘COUNTEROFFER! PFECTIVE DATE: {a) K this nop exseuted by and dalivered to all partias OR FACT OF EXECUTION communicated in writing betwesa the partles on or before the depesit(s) will, at Buyer's option, be returned and this offe; withdrawn, Unless other- wise stated, the ‘ine for acceptance of any counteroffers shall be 2 days from the date the counteratt Is delivered. (0) The date of Contract (‘Effective Date") will be the data when the fast one of the Buyer and Seller has signed or Initlalad this offer or tha final counterofier, such date is not otherwise set forth in this Contract, then the “Effective Date” shall be the) dele determined above for acceptance of this offer or, f applicable, the final courtteroffer. Nv Financ ) This Is a cash transaction with no contingencies for financing; Saat ener ca Stans Parra toe ee oe a ft for a loan to purchase the Proparty (‘Loan Approval’) within foes (f blank, then 30 days) after Effective Date ("Loan Ap; Date") for (CHECK ONLY ONE}: 2 9 fixed; © an adjustable; or fixed or adjustable rate foan, in the Loan Amount (See Paragraph IL.(c}jat an inital interest rata not to exceed {6,5 9%, anc for a term af 30. veers. Buyer wil make application within __Z _ days (ftnk, tHe) 5 days) after Effective Date, BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Ppproval by Loan Approval Date; satisfy terms of the Loan Approval; and close the foan. Loan Approval which requires. a condition related tolthe sale of other property shall - not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer auth the mortgage broker(s) and lenders) to disclose information regarding the conditions, status, and progress of loan application and Loan Appt to Seter, Setters attornay, "real estate licensees), and Closing Agent. . . ‘SELLER: If Buyer dos not deliver to Seller written notice of Loan Approval by Loan Approvel Date, Seller may ler cancel this Contract by delivering wrltien not ca (‘Sefer's Cancellation Notice”) to Buyer, but not later than seven (7) cays prior to Casing. Sellar’s Cancellalion Notice shell notlly Buyer that Buyer has thrae (3} days tc deliver to Sailor written natice waiving this Financing contingency, or ih Contract shall be canceled. DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only If Buyer has used reasonable diligence but by Loan Approval Date, and therestter either party elacts fo cancel this Contract, the depesil{s) shall be returned Popnaal or waives this Financing contingency, and thereafter the Contract does nat closa, then the deposit{s} shall ever, Hf the fallure to close Is dua to: () Sefler's fallure or refusel to closé or Sellar otharwisa fas to meet the terns of falls to receive and approve an appraisal of the Property In an amount sufficient to meat the terms of the Loan I, than the deposii(s) shall be retumad to Buyer, O(c) Assumption of existing mortgage (see rider for terms); or © (co) Purchase money note and morigage to Seller (see Standards B and K and riders; addenda; or special clauses for terms). Vv. TITLE EVIDENCE: Ai least ____ cays (if blank, then 5 days} bsfora Closing a title Insurance commitment with oe of instruments listed as exceptions attached therata ("Tie Commitment’ and, after Closing, en owner's policy of tila insuranca {see Standard A for terms) shail be obtained by: (GHECK ONLY ONE): Ni (1) Seller, at Seller's expense and delivered to Buyer or Guyer's attorney; or . - €) (2) Buyer at Buyer's expensa. {CHECK HERE): © if an abstract of title Is to be furnished Instead of title Insurance, and attac} Vi CLOSING DATE: This transaction shall ba closed and the closing documents dalverad on 2 modified by other provisions of this Cantract, in the event of exteme weather or other conditions or cansiliuting extended a reasonable time unti: () restoration of utilities and other services essential to Closing, and (i) avaiabilty of Hazard} insurance. if such conditions continue more than days (f blank, then 14 days) beyond Closing Date, then either FARVBAR-B Rev. Florida Association of Rese 's ese . This Dor eware ed gfe oe te reise 9.01 Rego” ano The Forties Bar si ABA cones P13 ADMINISTRATIVE CO EXHIBIT #3 _ AG - Pace Fo OAL EXHIBIT PAGE Feb 28-2008 2:37 _ HP LASERJET FAX p-2 62 Vil. RESTRICTIONS; EASEMENTS; LIMITATIONS: Sdler shall convey marketable tile subject to; comprehensive land @ plans, zoning, Fasirictions, 63 prohibitions and other requirements Imposed by governmental autharity; reatiictions and matters appearing on the plat or cammon 10 the auicdivi- B4 ston; outstanding oll, gas and mineral rights of record without right of entry; unplatted public utility easements of recard ( contiguous to real property 65 fines and not more than 10 feet in width as to the rear or front fines and 7 4/2 feat In width as to the side lines); texes for year of ing and subsequent years; 66 and essumed mortgages and purchase money mortgages, it any @f aciditional Itams, see ecidandum); provided, thal thera at Glosing no violation of the 67* foregoing and none prevent use of the Property “or. Le posais!. 68 Vill, OCCUPANGY: Sellar shall deliver occupancy of Property to Buypr at-time of Closing unless otherwise stated|harein, If Property Is intended 69 tobe rented or ecoupled beyond Closing, the fact and terms thereof and ths tenant(s) or occupants shall be dis pursuant to Standard F. 70 ifoccupancy is to be delivered before Closing, Buyer assumes ail risks of loss to Property from date of occupancy, jail be rasponsibia and lable 71 for maintenance from that date, and shall be deemed ta have accepted Property in its existing condition as of taking occupancy. 72 1X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typawiitten or handwritten provisions, riders and addenda shall control all printed pro- 73 visions of thla Contract in conflict with them. 74* X, ASSIGNABILITY: (CHECK ONLY ONE): Buyer Q may assign and thereby be released fram any further Kabilty; this Contract; O may 75* assign but not be released from llabiity under this Contract; or CO may not assign this Contract. 76 Xi. DISCLOSURES: 77 (@) The Property may ba subject to unpaid special assessment flen(s) Imposed by @ public body (“pul 78 Condominium or Homeowners’ Association). Such lien(s}, if any, whether certified, confirmed and ratifled, pen 7 as of Closing, shall be pald as follows: 0 by Seller at closing G by Buyer (If left blank, then Seller at body* dogs not Include a , or payable in installments, ing). if the amount of any Esse] assesamerit io be pald by Seiler has not been finally determined as of Closing, Seller shall be charged at #9 Gri amount equal to the . 81 +> last estimate-or assessment for the Improvement by the public body. . 82 {b) Racion is a naturally occurring radioactive gas that when accumulated In a building In sufficient quantit es present health risks to. par- 8a sons who are exposed to It over time. Levels of radon that exceed federal and state guidelines have found in buildings in Florida. 84 Additional information regarciing radon or radon testing may be obtained from your County Public Health 85 {eo} Mold fs naturally occurring and may cause health risks or damage to property, H Guyer is concerned or dasires additional Information 86 regarding mold, Buyer should contact an appropriate professional, 87 (o} Buyer aclnowleciges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Se! 553.996, FS. 88 {e) f the Real Property Includes pra-1978 residential housing then a lead-based paint rider is mandatory. . . Bg (fH Seller Is a “foreign person” as defined by the Foreign investment in Real Property Tax Act, the partes s ‘ormply with that Act. 80 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS’ ASSOCIA- BI TION/GOMMUNITY DISCLOSURE, 92 (h) PROPERTY TAX DISCLOSURE SIJMMARY: BUYER SHOULD NGT RELY ON THE SELLER'S GURRENT PI PY TAXES AS THE AMOUNT 83 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO E. A CHANGE OF OWNER- B4 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT |NJHIGHER PROPERTY TAXES. oS iF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 96 XII. MAXIMUM REPAIR COSTS: Seller shall not be responshile for) nts in excess of ] 97 ()§ for treatment and repair under Sla dD {if blank, then 1.5% of the Purchase . gat b) Tepar and replacement under Standard N not calssed by Wood Destroying Organisms fblankj tien 1.5% of the Purchase Piice}, 100* at a cast not to excead 8. » 101 XIV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which ara applicable AND are attached to 102" OQ CONDOMINIUM © VA/FHA O HOMEOWNERS' ASSN. © LEAD-BASED PAINT 0 COASTAL CON: 103° QINSULATION @ “ASIS" Q EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) @ Dither Comprehi Togebacal Gouselsk: Selleé Agrees +o Give +o Ba jie Sunt @ 408° Fok buyers elostag Casts and trebad expenses, OU 107* 108 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS ("Standards"): Buyer and Seller acknowlaclge receipt 109 through Y on the reverse side or attached, which are Incorparated as part of this Contract. P 110 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDEHSTOOD, SEEK THE ADVICE OF AN ATT PRIOR TO SIGNING. tit THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE IDA BAR. 112 Approval does not constitute en opinion thet any of the terna and condillons in thig Contract shoud ba sccepted by the jparties in a partioular trarigac- 413 fon, Terms and conditions should be nagollated based upon the respective Interests, objectives and bargaining of all Imterested persons, , ERISH(Y POLLQWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A Bane BE COMPLETED. made part of thls Contract: IUCTION CONTROL. LINE Ider‘Provisions O Adderida 144, 497, oO bpant closing ; | copy of Standards A 11s Spr o Ae. Parle 116 B ; ATE) (SELLER) | DATE WT j 118 (BUYER) . PATE) (GELLER) | DATE 1198* Buyore’ eddress for purposes of notice Sellers’ address for purposes of notice _| 120° : | q2t Phone {| ; Phong 122 BROKERS: The brokers (including cooperating brokers, if any} narigd bélow are the only brokers entitled to sation In connection with 123 this Contract: * 124* Name: 2 Lh, 125 Cooperating Brokers, if any . Listing Broker FARVBAR-3 flav. 8/07 2007 Florida Assocation of Peacrors” and The Florida Bar All Rights Reseived = Page 2 of 4 Juste Thie software is licansed to [Glinda Hatfield - Maxous Healtv] www, transmationdesk qcom. eek ADMINISTRATIVE COMPLAINT. EXHIBIT # \ CREE HIBIT_' PAGE j\o— 126 127 128 129 130 131 132 433 184 195 136 137 138 139 140 141 142 143 Feb 28 2008 2:38 HP LASERJET FAX ; STANDARDS FOR REAL ESTATE TRANSACTIONS A, TITLE INSURANCE; The Title Commitment shall be issuad by a Florida licensed tile Insurer agreeing to Issue Buyer, upon owner's policy of tile insurances In tha amount of the purchasa price, Insuridg) Buyers marketable tile to the Real Propedy, s Paragraph Vil and thosa to be discharged by Seller at ar-before Closing. Maiketable title shel ba detemninsd according to epp euihority of The Florida Bar and in socordances with law. Buyer shall have 5 days from date of receling the Tile Commitment to ax ree defects, falling which aie 2ertod not io exceed 120 ed to Guyer ¥ Buyar fails to so nallfy Salle, Buyer shall be daemed to have accepisd the filla as it then Is, Seller shall, If tile Is found unmarketable, use digas affort to correct defect{s) within 8 refund of deposits), thereby iha time provided. f, afler diligent effort, Sefer Is unabie to timely correct tha defects, Buyer shal ellher walva the dafects, or releasing Buyer end Sailer irom el further obligations under this Cortract. f Sater Is to provide the Tile Commitment and it is 3d to Buyer jess than 6 days prior fo Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receint to examine same in ith this Stanciard, 8, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage ote to Salier shail provide for a ;provide for ight of prepayment 30 day grace perlad In tha event of dafault ¥ a first mortgage and a {5 dey grace perdod Ifa second or lesser mosigage; sha in whols or in part without penalty: shall permit acceleration in event of transfer of tha Rae! Property; shall require all prior fl fn good standing; shall foreid modifications of, or future advances under, prior morigage(s}; shall require Buyer to maintain Standard mortgages clause covering all improvements located on the Real Property against fira and all peris included wi endorssments” and such athar risks and paris as Seller may reasonably require, in an amount equal to their highest Insura and security agreement shall be otherwise in form and content recuired by Seller, bu: Seller may only require clauses and gages, Margage notes and security agreaments generally utlized by savings and loan instutions or state or nallonal banks Fieai Property is iocaisd. All Personal Property and leages belng conveyed or agsigned will, at Sellar’s option, ba subject to thé ‘ty agreement ev- Genced by recorded or fied financing staternams or certificates of tlle. If a balloon mortgage, the fine] payment will exceed thd periodic payrnents thareon. C. SURVEY: Buyer, st Buyer's expense, within time sliowed to daliver evidence of title and to examine same, may have the Réal|Properly surveyad and cextifisd by eredstered Alorida surveyor, If the survey discleses encroachments on the Real Property or that improvements located theraon d a ments, lands of others ar viclate eny restriolions, Contract cavenants or applicable governmental reguiations, the same sal D. WOOD DESTROYING ORGANISMS: "Wocd Destroying Organisms" (WOO) shall be deemed to include all wood das ‘ed under the Florida Structural Pest Controf Act, as amended. Buyer, at Buyers expense, may have the Property inspected by a land encumbrances to be kept licies of surance containing a the tore: “axtencted coverage 8j value; and ihe morgage, nota have the opportunity to hive the Property re-Inspacied for WDD infestation an} ers ce rake upceted DO weet in waiting at least 10 days prior to Closing, and thereatier, Sallor shall cause sith ireesment and repair to be mada and pay the obligation for treatment and repel casts required under both tha frst and second tnspaction shall not exceed the amount E INGRESS AND EGRESS: Sefer warrants and represonis thai inere is ingress and egress to the Reai Property sufficient ns ico and duration of the tenant's occupancy, rental rates, advenced rent and seaurity deposits paid by tenant If Seller is unable to ant, the same information shall ba furnished by Saller 10 Buyer within that time pered in tha form of a Seller's aflidavit, and notica to Seller at lsest & days prior fo Closing, Setisr shal, at Closing, deliver and assign ail original lapsas to Buyer. G. LIENS: Sefer shail furnish to Buyer at time a! Closing an affidavit attesting to the abserioa, unlass otherwise provided for claims of lien or potential Fenors known to Seliger and further attasting thal there have bean no improvemanis or repairs to tha distely preceding dais of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver rege: fens executed by al genare! contractors, subcontractors, suppliers and matarialmen in addition to Seller's fen affidavit satti in & i eral contractors, subcontractors, suppliers and materiaimen, further affirming that al charges for improvements or repairs construction lien or a claim for damages have been paid or wil be pad at tha Closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the affice of the attomey Gr atte: Agent’) designated by the party paying for tila Insurance, of, if no tite insurence, designated by Salter. 1, TIME: Calendar days shail be usad in computing time periods axnapt periods of tess than six (6) days, in which event Sat al tagal holidays shall ba excluded. Any fime periods provided for herein which shall end on a Saturday, Sunday, or a lege! naxt businass day. Time {s of the essanca in this Contract. J. CLOSING DOCUMENTS: Salley shall furnish che decd, bil of sale, ceriticate of tla, construction fen affidavit, owner's possi jallidavit, ussig ments ot isases, Tenant and mongeges estoppel letters and corrective Instruments. Buyer shall furnish mortgage, mortgage note, security aga i 0 finanicii statements, K. EXPENSES: Documentary stamps on the deed and recording of corrective instuments shail be pad by Seller. AI costs from Seller or third party), Including, but not Smited to, docurnontary stamps and intangible tax on the purchass money mort Buyer. Untess otherwise provided by jaw or rider to this Contrect, charges for related closing services, tite search, and cliosi closing statement), shall be paid by the party responsible for fumishing the tile evidence In accordance with Paragraph V. L. PRORATIONS; GREDIMS: Taxes, assessments, rent, interest, insurance and other axpanses of the Property shall be proreted! 1 Buyer shail have the option of taking over existing policies of Insurance, If assumiable, in which event premlurne shail be proreled. or decreased as may be required by proralions to be made thraugh day prichte. Closing, or occupancy, f occupancy occurs bef security depasiis will be cradited to Buyer. Escrow depostts held oy mortgagéé wilbe craditad to Seller, Taxes shall ba prorated with dus alowance made for maximum allowable discount, homestead and Sther exemptions. ¥ Closing occurs at a date feed and curent years assascmont is avaliable, texas will be prorated based upon such assessment and prior year's milage. It available, then taxes will be prorated on prior year's tax. If there are completed Improvements on the Real Property by January 1st ants were not in existence on January 1st of prior year, then taxes shall be proratad based upon prior yaer's milage and at en upon betwasn the parties; failing which, request shall ba mace to the County Property Appreiser for an informal assessment tions, A tmx promition based on an estimate shal, at requast of either party, be raacfusted upon receipt of currant year's tax bil. M. (RESERVED ~ purposely laft blartk) N.INGPECTION AND REPAIR: Seller warrants that the ceiling, roof including the fascia and sofiits), and exterlor and Interior wall do not have any visible evidence of leaks, water damage, or structural damage and thet dockage, seawalls, septic tank, pool, FAFVBAR Rew © 2007 Florida Assccletion of Res.rons* Rights Reserved This coktwere ts fees Re Teitida ne Lees and fig risa Bar, eft Fights Reserved _ ,Tege.3 9 g @ czas year's lax current year's milage fg not it yeu'k saseesmnent 's not of Giosing, which improve- ‘able Zescusrnant to be agreed wocoud available exemp- ALMINISTRATIVE COMP! a Feb 28 2008 2:40 HP LASERJET FAX p.4 . STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) heating, cociing, elsctricel, plumbing systems, and machinery ave in Working Condition. The foregoing warranty shall be 202 ofhenwisa provided In an addendum. Buyer may Inspect, of, af Buyer's expansa, have a fim or Individual specializing In: 203 occupational license for such purpose fif required), or by an eppropilately foaneed Ficrida contractor, meke Inspections of, t iB 204 the Elfective Date. Buyer shall, prior to Buyer's occupancy but not mong than 20 days after Effective Date, report in wriling [6 Seller : 205 meat the ebove standards es to defects, Unless Guyer timely reports such delécts, Buyer shall be deemsd to have walved Sel ‘a Va 206 not reported. If repairs or replacements ara reaulrad to comply with this Sighdad, Sellar shall cause them to ba made and ; 207 vided in Paragraph Xi (o). Sellar Is not raquired to make repairs or replacements of a Cosmetl Condition unless causad by 209 repair or rartace. If the cost for such repair or replacement exceeds the amount provided in Paragraph Xi {(b), Guyer or Sellar 209 failing whch slther party may cancel this Contract. If Seller is unable to corract the defects prior to Closing, the cost thergof shalt 210 For purposes of this Contract (1) “Working Condition" maans operating In the manner in which the Item was dasigriad to 211 means assthelic imparfactions shat do nol affect the Working Condition of the tiem, including, Dut not Amiad to: pitted marcitel 213° chips.or caulking in callings, walls, fooring, jixturas, or minors; and minor crac in floors, ties, windows, driveways, sldawalles, oripoci cis: in is Wg ar rations 218 Of Saller and Closing shall proceed pursuant to the terms of this Contract and if restoration Is nol completed aa of Closing, rest ation ped 230 Q. ESGROW: Any Closing Agent or escrow agant (collectively “Agent") recelving funds or equivalent Is authorized end agrees by them prompily, hold same in escrow and, subject to clearance, disburse tham in eccordance with terns and conditions of this Ca! 232 shal not excuse Buyer's parformanos, if In doubt as to Agent's duties of flablities under t18 provisions of this Contract, Agent my, 233 hold the subject matter of tha escrow until the ‘parties hereto agres lo Ks disburséiment or unil a judgment of a court ot computent » 234 rights of the partis, ar Agent may daposit same with the clerk of the circuit court having jurisdiction of the dispute. An atiornay who 235 8s Agent may represent such party in such ection. Upon notfying a perisa concemed of such action, el lability on the pert ot Agent ei 236 ths extent of acvouTiiiig tor any lems previously delivered out af escrow. if a J. real astata broker, Agant wil comply with prov; p hs port © equivatert and charged and awarded BS Court coeis In favor of the prevaling pasty. The Agent shall not bs fable to any party or perio; int ese 240 Seller of items subject to tha escrow, unless such misdelivary Is dua 1 te preach of he Provisions of tis Contract or gross neg fe 241 FL ATTORNEY'S FEES; COSTS: in any iitigalion, inckiding breach, enforcament or interpretation, ailsing out of this Contract, t 242 litigation, which, for purpases of this Stondard, shall include Seller, Buyer end eny brokers acting in agency or nonagency, : try 243 Chapter 476, FS., as amended, shall be entitled 10 recover from the fnon-prevaling party reasonzbla attomeys fees, costs ren 244 S. FAILURE OF PERFORMANCE: if Buyer falls io perform this Contract within the lime specified, ircuding payment of Fees i 245 by Buyer and deposil{s) agresd to be paid, may be racovered end ratalned by and for the accourtt of Seller es agread upun 246 aration far the execution of this Contract and In full saftlement of eny claims; whereupon, Buyer and Sellar shall be rolieavesct| 247 Contact; or Sella, at Soiler's option, may proceed in equity to enforce Seller's righls under this Contract, tf for any reason ah 248 make Seller's tile marketable stter dilgent effort, Salier talis, neglects or rafuses to perform this Contract, Buyar may seak 5} 249 to recelve tha retum of Buyer's daposii(s) without thereby walving any action for damages resulting trom Seller's breach. i 250 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Nelther this Contract nor any notice of ft abil records, Thla Contract shal bind and inure to the benefit of he periles and thelr successors in Interast. Whenever the context p' 252 plural and one gander shall includs all. Notica and delivery gen by or to the atiomey or broker representing any party shell 2: 263 or to that party, All notices must be In writing and may be made by mali, personal delivery or elacironic media. A legible tars 264 “pd?) copy of this Contract and any signatures hereon shall ba considered for all purposes as an original, ' 256 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutary warranty, trustee's, parsonal mapresontan 256 appropriate to the status of Seller, subject only io matters contained In Paragraph Vil and those otherviise accepted by Buyer. Pa request of Buyer, ba transferred by an absolute bill of sale with weranty af tlie, subject only to such matters as may be otherwise 268 V. OTHER AGRREMENTS: No prlor or present egreaments cr represantations shall ba binding upon Buyer or Sellar unless ir; 269 modification to or change in this Gontract shall be valid or binding upon the pertiss uniess In writing and execuled by ihe partias|iiierx 260 W. SELLER DISCLOSURE: Thara ere no facts known to Sallar maternally affecting tha value of the Proparly which are nat rea! fly 261 which have nat been disclosed to Buyer. . j 262 % PROPERTY MAINTENANCE; PROPERTY ACCESS; REPAIR STANDARDS; ASSIGNMENT OF CONTRACTS AND WAL 263° mainiain the Property, inckid’ng, but not timited to lawn, shrubbery, and poo! in the condition axlsting as of Effective Data, 26 Casualty Loss excepted. Seller shall, upon reasonable notica, provide utilities service and accass to the Proparty for appraisal ar: 265 8 walk-through prior to Closing, to confirm that all Items of Personal Propeny are on the Real Property and, subject to ihe fo! qo 266 repairs and replacements have bean made, and that the Property haa beantmeintained as required by this Standard, All repel 267 ba completed In a good and workmantike menner, in accordance with ait Tequirements of law, and shall consist of materiai¢ 268 ¢apacity and performanca compambie to, or better than, that existing as Oftihe’Effective Date. Seller vill assign al assignabis, 269 tects and warrenties to Buyer at Closing, . { 270 Y. 1031 EXCHANGE; If sitter Seller or Buyer wish to entar Into a tke-tdnd exchange (alther simuttaneous with Closing or ce! 271 Property under Sectlon 1031 of the intemal Revenue Cods Exchange’), the other perty shal cooperate in all reascraty: 272 Exchange, inckding the execution of documents: provided (1) tha cooperating Barty shall incur no Habifity ar expanse related 273 Closing shall not 6a continger upon, nor extended or delayed by, such Exchange. . : FAR/BAR-8 Rev. G07 _ © 2007 __ Fort . ori, : this eaftware fa licandad to taitade beteinba om sre ciorida Bar, | All Rights Fleserved _ | Page,4 j i be i 4 Aw MINISTRATIVE COMP EXHIBIT # | A. Settlement Statement U.S. Departmont:of Housing Ww ; OMB Approval No. 2502-0265 and Urban Development {expires 14/30/2000) B. Type of Loan . —_| 1.0 FHA 2.0 RHS — 3.0Conv. Unins.| 6. File Number 7. Loan Number &. Mortgage Insurance Case Number 4.0 .VA 5.8 Conv. ing. FOBOSSS 1743873176 6270049393 C. Note: This form is furnished to give you a statement of aclual settiement costs. Amounts paid to and by the setiiement agent ere shown. tlems marked "(p.o.c.)" were paid outside the closing; they are shown here for information purposes and are not included In the totals. D. Name and Address of Borrower E..Name and Address of Seller” F, Name and Address of Lender: PATRICIA R: LEMLEY =” OBDS MELBOURNE, LLC JPMORGAN CHASE BANK, N.A. 1033 June Drive, Unit 21033 501 Continental Plaza, 3250 Mary Street "4919 MEMORIAL HWY, STE 308 Melbourne, FL 32935 Coconut Grove, FL 33133 TAMPA, FL 33634 G. Property Location H. Settlement Ageni 1033 June Drive, Unit 21033 PINECREST PREMIER TITLE, 1.L.C Melbourne, FL 32935 Place of Settlement 1. Settlement Date 9100 S. DADELAND BLVD. STE. 1000 04/21/08 MIAMI, FL 33156 . sien : v. SUMMARY OF BORROWER'S TRANSACTION: *__K, SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER ‘400. GROSS AMOUNT DUE TO SELLER a 101. Contract sales price | 149,900.00 | 401. Contract sales price 149,900.00 102. Personal property 402, Personal property To J 103. Settlement charges to borrower (line 1400) 1,659.67 | 403. ree : Hoa : 404. i 105. 405. Adjustments for items paid by seller in advance Adjustments for items pald by seller In advance _. 106. Cityftown taxes to 406. City/town taxes to 107. County taxes to. 407. County taxes to (1s. Assessments to 408. Assessments : to _ 109. i 409. a 110. PRORATION OF HOA 4/21 TO 4/30 : 52.37 | 410. . | 454, PRORATION OF GARAGE 4/Zi TO 4/30 | 277 £401. _| 113. T 412. _. 120. GROSS AMOUNT DUE FROM BORROWER 151,614.81 | 420. GROSS AMOUNT DUE TO SELLER 149,300.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT TO SELLER __| 201. Deposit of earnest money 501. Excess Deposit (see instructions) 202. Principal amount of new loan(s) 134,900.00 | 502. Settlement charges to seller (line 1400) 17,314.69 203. Existing joan(s) taken subject to : 503. Existing loan(s) taken subject to 204. . ° 504. Rayoff of first mortgage loan 81,654.64 | <__ COMMERCEBANK, N.A. T | 205. 505. Payoff of second mortgage loan ; { 206, 506. 207, : + | 507. 4 208. 508. MARKETING FEE TO MAXIMUM SERVICE BENEFITS, 50,497.00 209. Gift 8,000.00 | 509. Adjustments for items unpaid by seller ‘ Adjustments for items unpaid by selter 4 210: Cltyitown taxes to 510. Cityhtown taxes to __ 211. County taxes 0101 to 04/21 633.67 | 511. County taxes 011 to 04/21 633.67 212. Assessments to +_|512. Assessments to : 213. : $13. 214. 514 i | 1.215. “515. i {216. 516, [217 517. 218. 518. _ 219. 519. : a 220. TOTAL PAID BY J FOR BORROWER 143,533.67 | 520. TOTAL REDUCTION AMOUNT DUE SELLER 149,900.00 300. CASH AT SETTLEMENT FROM OR TO BORROWER ~_| 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower (line 120) + 151,614.81 | 6D1:'Gross amount due to seller (line 420) 149,900.00 302. Less amounts paid by/for borrower (line 220) 443,533.67 | 602. Less reduction amount due to seller (line 520) 149,900.00] Loa CASH FROM BORROWER 8,081.14 | 603. CASH __o SELLER 0.00] ADMINISTRATIVE COMPLAINT. OF vib Gaby el and ae BIT > form HUD-1 (3/86) ref Handboo! s pace 1B 04-21-2008 at 11:42 AM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE? | L. SETTLEMENT CHARGES: File Number: F080555 : PAID FROM PAIO FROM i 700. TOTAL SALES/BROKER'S COMMISSION based on price § 149,900.00 @ = 5.964.18| BORROWER'S ARLLER'S Division of commission (fine 700) as follows: SETTLEMENT SETTLEMENT 701. $ 2,982.09 lo_ EXIT ONE REALTY 702. § _2,982.09 to _MAXOUS REALTY 703. Commission paid at Settlement 5,964.18} 704. — 800._ ITEMS PAYABLE IN CONNECTION WITH LOAN P.0.C. : 801. Loan Origination Fee % _KiN MORTGAGE. INC. * 1,349.09] 802, _Loan Discount % 803. _Appraisat Fee fo_EARL WITHERBY lal 300,00} 804. Credit Report to__KLN MORTGAGE INC. * 59.87 805._Lender's Inspection Fee to 06, Mig. Ins. Application Fee io 807._Assumption Fee to ] B08. TAX SERVICE FEE 41ST AMERICAN TAX SERVICE . Fe 84,00 809, YIELO SPREAD PREMIUMTOMIG BK to KLN MORTGAGE from JPMCBNA 3237.03L. 810. FLOOD DETERMINATION-INITIAL 1ST AMERICAN FLOOD SERVICE ia 9.00) 811. FLOOD CERT - LIFE OF LOAN 1ST AMERICAN FLOOD SERVICE ia 5.00) 812._PROCESSING FEE KLN MORTGAGE INC. fF 500,00} 813. ADMINISTRATION FEE JPMCBNA 620.00 14. ADDITIONAL APPRAISAL EARL WITHERBY. 600.00 815. al | 900. ITEMS REQUIRED BY LENDER TO BE PAIDIN ADVANCE 901. Interest from 04/2108 -_to 05/0108 @$ 23.10 _ iday 10 day(s) 231.00 902, Mortgage Insurance Premium to |. 903. Hazard Insurance Premium yts. to 904, 90s. _| 1900. RESERVES DEPOSITED WITH LENDER FOR _| 1001. Hazard insurance mo. @S Imo. TL | 1002. Mortgage Insurance mo. @S Imo. . leo City property taxes mo. @S imo, 1004. Caunty property taxes mo. @S : imo.” 4005. Annual Assessments mo. @S imo. 1006._Ftood insurance mo. @S imo. | __ 4007. mo. @S imo, _| 1098._ Aggregate Reserve for Hazard/Fioad ins. City/County Prop Taxes, Mortage Ins & Annual Assessments 1100. TITLE CHARGES = 1101. Settlement or closing fee fo PINECREST PREMIER TITLE, L.L.C. 450.00) 1102._Abstract or title search to_TICOR TITLE INSURANCE COMPANY. $0.09) 1103. Title examination to 1104, Title insurance binder to 1105. Document preparation {o_PINECREST PREMIER TITLE, LLC. 190.00) 1108, Notary fees to | | 1107. Attorney's fees to {includes above item No: } 1108. Title insurance - to_PINECREST PREMIER TITLE, LUC. f 849.50} {Includes above item No: ) 1109. Lender's coverage 134,900.00 — 25.00 : _ 1110. Owner's coverage _ 149,900.00 ~- 824.50 — rf 414. ALTA 4.0, ALTA 8.1, ALTA &.1 PINECREST PREMIER TITLE, LLC. 134.95) 4112. SHIPPING FEE PPT-COURIER 125.09 1413. INCOMING WIRE. PPT-WIRE — 25.00 | 1200._ GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees Deed $ 48.50. iMorigage $214.00 iReleases$ 10.00” ] 232.50 40.00) 1202. City/county/stamps Deed § i Mortgage $ : 1203. Statetawstamps _— Deed $_1,049.30 Mortgage $ 472.15 472.15 1,049.30) 1204._Intangible Tax Deed $ iMortgage $ 269.80 269-80 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to {—— 4302. Pest inspection to 1303._TAX SEARCH ONE STEP LIEN 50.00 1304. QVERNIGHT/HANDLE PAYOFF PPT-COURIER 25.004 1305. 2006 REAL ESTATE TAXES BREVARD TAX COLLECTOR : 2,759.15; 1306._2 MONTH HOA CAPITAL CONT. __ CORAL GARDENS CONDO. ASSQCIATION ING. 360.78 | $307. _2 MONTH GARAGE CAPITAL CONT CORAL GARDENS CONDO. ASSOCIATION INC. 18.44 1308. 2007 REAL ESTATE TAXES BREVARD TAX COLLECTOR —| 2,070.74) 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502, Sections J and K) yee 1,659.67 47.114.89) A ; pts and medi toe Tae ne cn ee mime na a ey AH “ECD AOMINISTRATIVE COMPLAINT BO? al i8 a ue and accurate account of this transaction, “raves wit cate be tr tobe dsuned in EEA ba aw OF WARNING: i is 8 crima lo Knowingly make lalse-siaiements to the United States on this or any olher simitar form. Penalties upon conviction can inchude a fine or imprisonment. For ‘$00; Fil “Coda Section 1004 and Section 1010 *SELLER CREDIT TOWARDS CLOSING COSTS EXHIBIT - form HUSA (ids) et Handbook 42082 PAGE \y — 04-21-2008 at 11:42 AM

Docket for Case No: 09-004248PL

Orders for Case No: 09-004248PL