[System]
You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant.

The questions should follow the format and style of this example response to a car accident complaint:
1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.
2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.
3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.
4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.
5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.

Be specific, detailed and relevant to the complaint's allegations. Avoid generic requests for "all documents" or "all evidence". Each question should request specific items, time periods, or information directly related to the complaint's claims.

[User] ###### IN THE CIRCUIT COURT OF THE 1 STH JUDICIAL CIRCUIT IN AND ###### FOR PALM BEACH COUNTY, FLORIDA ROBERT NEUVELT 50 2009 CA03 4222 XXXXNB Plaintiff, ys. ^3 LORIDA INTERNATIONAL TITLE AND 'SCROW COMPANY, a Florida Corporation, ROBERT SMALO3HN WALTER SMITH, and MITH & GROMANN, an Interstate Partnership of > rofessional Associations/d/b/a SMITH & GROMANN, P. A. ``` co Defendants. ## 'VN? ###### COMPLAINT COMES NOW, the Plaintiff, Robert Neuvelt, (hereinafter “Neuvelt, ”) by and through undersigned counsel, and hereby sues the Defendants, Florida International Title and Escrow Company (hereinafter “Florida International”), Robert Small (hereinafter “Small”), John Walter Smith and Smith & Gromann an Interstate Partnership of Professional Associations/d/b/a Smith & Gromann, P. A. (collectively referred to as “Smith”) for damages, and as grounds therefore states as follows: This is a cause of action for damages in excess of $15, 000. 00 and is within the jurisdiction of this court. At all times material hereto, Robert Neuvelt, is and was sui juris. At all times material hereto, the Defendant, Florida International Title and Escrow Company, is and was a corporation, organized and existing under the laws of the State of ``` ----- ###### Florida, with its principal place of business in Boca Raton, Palm Beach County Florida. At all times material hereto, the Defendant, Robert Small, was and is sui juris and a resident of Ft. Lauderdale, Broward County Florida. All of the acts committed by Small as alleged herein, occurred in Palm Beach County Florida. At all times material hereto, Small was the mortgage broker for the borrower Jirah Investment, Inc. (hereinafter “Jirah”) and its guarantor, Carole E. Garcia (hereinafter “Garcia”). Jirah Investment, Inc. , is and was a corporation, organized and existing under the laws of the State of Florida, with its principal place of business in Dade County Florida. Carole E. Garcia was and is sui juris and a resident of Dade County Florida and a principal of Jirah Investment, Inc. Upon Information and belief, Garcia filed for bankruptcy protection on September 22, 2009. At all times material hereto, John Walter Smith, was and is sui juris, and an active member of the Florida Bar, with a principal place of business in Boca Raton, Palm Beach County, Florida. At all times material hereto, John Walter Smith, was and is a partner, principal, shareholder and/or employee of Smith & Gromann registered with the state ofFlorida as an Interstate Partnership ofProfessional Associations, which was and is doing business within the state ofFlorida as Smith & Gromann, P. A. , with a principal place of business in Boca Raton, Palm Beach County, Florida. At all times material hereto, John Walter Smith individually, and as a partner, principal, shareholder and/or employee of Smith & Gromann, P. A. , undertook to provide legal services to the Plaintiff, and did in fact provide legal services to the Plaintiff, in the transactions set forth more fully 2 ----- ###### below. All actions taken, or not taken, by John Walter Smith were performed, or failed to be performed, during the course and scope of his employment with Smith & Gromann, P. A. , which is responsible for his actions or inactions under the doctrine of Respondeant Superior. All of the acts committed by each Defendant as alleged herein, occurred in Palm Beach County Florida and Florida International and Smith have offices in Palm Beach County. Venue is therefore appropriate in Palm Beach County. COUNT I BREACH OF ESCROW AGREEMENT (LOAN #1) AGAINST FLORIDA INTERNATIONAL TITLE AND ESCROW COMPANY, AND ROBERT SMALL, Plaintiffs reallege and reaver the allegations in paragraphs 1 through 11 as if set forth more fully herein. On or about January 26, 2007, Neuvelt loaned Jirah $210, 000. 00 to be used to purchase and improve a certain parcel of real property (hereinafter referred to as Loan#l). Of the amount loaned, $77, 058. 87 was to be used for improvements to the property and was to be released from escrow pursuant to a draw schedule. A copy of the Construction Loan Agreement is attached hereto as Exhibit “A”, its terms and conditions incorporated herein by reference. Pursuant to the terms of the loan construction agreement, Jirah, Florida International and Small were to enter into an Escrow Agreement, whereby Florida International and Small agreed to hold the construction funds in escrow and disburse them to Jirah pursuant to the draw schedule set forth therein. Jirah and Small did execute the agreement, however Florida International, while aware of the agreement and its obligation to execute and be bound by same, failed to sign the agreement. A copy of the Escrow Agreement is attached hereto as Exhibit “B”, its terms and conditions incorporated herein by reference. 3 ----- ###### 14. At closing, Jirah and Florida International executed a Settlement Statement, which also evidences the draw schedule contained in the Escrow Agreement. A copy of the Settlement Statement is attached hereto as Exhibit “C”, its terms and conditions incorporated herein by reference. Pursuant to the terms of the promissory note executed on January 26, 2007, which is attached hereto as Exhibif’D”, Jirah was to make monthly interest payments commencing March 1, If the note was not paid in full by February 1, 2008, Jirah was to repay the principal loan amount of $210, 000. 00 in full. Jirah made the monthly interest payments, however failed to pay the principal loan amount of $210, 000. 00 when due and therefore defaulted on the note. Contrary to the terms of the Construction Loan Agreement, Escrow Agreement and Settlement Statement, unbeknownst to, and without the consent of, Neuvelt, Florida International provided checks to Small at closing for the entire amount of construction funds, $77, 058. 87, which Small disbursed to Jirah at, or shortly after, closing, thereby breaching the escrow agreement. Jirah did not use the disbursed construction funds to improve the subject property. Consequently, as a direct and proximate result of the breach of the escrow agreement, Neuvelt sustained damage in the amount of $77, 058. 87. The Plaintiff has been forced to retain undersigned counsel and has agreed to pay a reasonable attorney’s fee, for which he is entitled to recovery, pursuant to the terms of the escrow agreement. WHEREFORE, the Plaintiffdemandsjudgment against the Defendants, Florida International Title and Escrow Company and Robert Small in the amount of $77, 058. 87, pre and post judgment 4 ----- ###### interest, court costs, attorney’s fees and any and all other relief this Court deems just and proper. COUNT II BREACH OF ESCROW AGREEMENT (LOAN #2) AGAINST FLORIDA INTERNATIONAL TITLE AND ESCROW COMPANY, AND ROBERT SMALL, Plaintiffs reallege and reaver the allegations in paragraphs 1 through 11 as if set forth more fully herein. On or about January 4, 2008, Neuvelt loaned Jirah $ 198, 000. 00 to be used to purchase and improve a certain parcel of real property (hereinafter referred to as loan #2). Of the amount loaned, $ 144, 025. 56, was to be used for improvements to the property and was to be released from escrow pursuant to a draw schedule. A copy of the Construction Loan Agreement is attached hereto as Exhibit “E”, its terms and conditions incorporated herein by reference. Pursuant to the terms of the promissory note executed on January 4, 2008, which is attached hereto as Exhibit’T”, Jirah was to make monthly interest payments commencing March 1, If the note was not paid in full by February 1, 2009, Jirah was to repay the principal loan amount of $198, 000. 00 in full. Jirah made the monthly interest payments, however failed to pay the principal loan amount of $198, 000. 00 when due and therefore defaulted on the note. Pursuant to the terms of the loan construction agreement, Jirah, Florida International and Small were to enter into an Escrow Agreement, whereby Florida International and Small agreed to hold the construction funds in escrow and disburse them to Jirah pursuant to the draw schedule set forth therein. Jirah and Small did execute the agreement, however Florida International, while aware of the agreement and its obligation to execute and be bound by same, failed to sign the agreement. (Plaintiff believes the escrow agreement is identical, or essentially similar, to the terms 5 ----- ###### of the escrow agreement for loan #1 attached hereto as Exhibit “B”, however Plaintiff is not in possession ofthis agreement and therefore cannot attach a copy hereto. Upon information and belief, a copy of the escrow agreement is in the possession of one or more of the named Defendants. ) The terms and conditions of said escrow agreement is incorporated herein by reference. At closing, Jirah and Florida International executed a Settlement Statement, which also evidences the draw schedule contained in the Escrow Agreement. A copy of the Settlement Statement is attached hereto as Exhibit “G”, its terms and conditions incorporated herein by reference. Contrary to the terms of the Construction Loan Agreement, Escrow Agreement and Settlement Statement, unbeknownst to, and without the consent of, Neuvelt, Florida International provided checks to Small at closing for the entire amount of construction funds, $144, 025. 56, which Small disbursed to Jirah at, or shortly after, closing, thereby breaching the escrow agreement. Jirah did not use the disbursed construction funds to improve the subject property. Consequently, as a direct and proximate result of the breach of the escrow agreement, Neuvelt sustained damage in the amount of $144, 025. 56. The Plaintiff has been forced to retain undersigned counsel and has agreed to pay a reasonable attorney’s fee, for which he is entitled to recovery, pursuant to the terms of the escrow agreement. WHEREFORE, the Plaintiffdemandsjudgment against the Defendants, Florida International Title and Escrow Company and Robert Small in the amount of $144, 025. 56, pre and postjudgment interest, court costs, attorney’s fees and any and all other relief this Court deems just and proper. 6 ----- ###### COUNT III BREACH OF FIDUCIARY DUTY AGAINST FLORIDA INTERNATIONAL TITLE AND ESCROW COMPANY ROBERT SMALL Plaintiffs reallege and reaver the allegations in paragraphs 1 through 27 as if set forth more fully herein. Florida International, as the escrow agent, and Small, as the disbursement agent, held positions of trust with regard to Neuvelt, and therefore had respective fiduciary duties to make decisions that were in the best interests of Neuvelt. In that regard, Florida International and Small had a duty to handle the construction loan proceeds in a reasonable and prudent manner and to disburse said funds to Jirah in accordance with the schedule contained in the subject agreements. 29 Florida International breached its fiduciary duty to Neuvelt by failing to properly supervise the closings for both loan # 1 and loan #2, by providing Small, borrower’s mortgage broker, checks made payable to Jirah for all of the construction loan proceeds at closing, thereby providing him, as borrower’s agent, control of the construction loan proceeds in violation of standard general practices in the mortgage lending and real estate industry. Small breached his fiduciary duty owed to Neuvelt by disbursing all of the construction funds to Jirah at, or shortly after, closing rather than in accordance with the terms of the Escrow Agreement and the Settlement Statement. It is apparent that based on the manner in which Small disbursed the proceeds to Jirah, that it was the intent of Jirah and Small to take as much of the loan proceeds as possible as quickly as possible, without performing construction on the property. Accordingly, if the transactions had not been structured in way to provide immediate access to these funds, Jirah would not have taken or closed the loans. 7 ----- ###### 32. Consequently, had Florida International in accordance with its fiduciary duty, advised Neuvelt that the disbursal ofthe escrow funds to Small was in violation of standard general practices in the mortgage lending and real estate industry, or had Florida International refused to disburse the escrow funds in a manner it knew or should have known was improper, the subject loans would not have closed and Neuvelt would be whole. Subsequent to the providing of the loans, the value of the underlying properties have greatly decreased, and as a result, Plaintiff has sustained damages equal to the loss of such value. As a direct and proximate result of Florida International’s and Small’s breach of their fiduciary duty owed to Neuvelt, Neuvelt has been damaged in the amount of $221, 084. 43, which was improperly disbursed to Jirah. The Plaintiffs have been forced to retain undersigned counsel and have agreed to pay him a reasonable attorney’s fee, for which they are entitled to recovery. WHEREFORE, the Plaintiffs demandjudgment against the Defendants Florida International Title and Escrow Company and Robert Small in the amount of $408, 000. 00, less the fair market value of the properties, pre and post judgment interest, court costs, attorney’s fees and any and all other relief this Court deems just and proper. COUNT IV PROFESSIONAL NEGLIGENCE AGAINST JOHN WALTER SMITH, AND SMITH & GROMANN, AN INTERSTATE PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS D/B/A SMITH & GROMANN, P. A. Plaintiffs reallege and reaver the allegations in paragraphs 1 through 26 as if set forth more fully herein. Sometime approximately in January 2007 with regard to loan #1 and again in approximately January 2008 with regard to loan #2. , Small requested Smith represent Neuvelt in the 8 ----- ###### afore -described transactions with Jirah. Smith agreed to represent Neuvelt who acquiesced to said representation, although Neuvelt did not speak to Smith nor did he receive any written communication from Smith regarding said representation. Smith and Neuvelt acted under an attomey/client relationship in which Smith undertook to represent Neuvelt. At all times, Smith held himself out as competent in the areas of the law dealing with the legal matters for which he undertook to represent Neuvelt. Smith was required to exercise the same legal skill as a reasonably careful and competent attorney would under like circumstances and to use reasonable care in determining and implementing a strategy to be followed to achieve the Plaintiffs legal goals. Smith was obligated to zealously represent Plaintiffs interests and had a fiduciary obligation to disclose any conflicts of interest that might impair his ability to represent the Plaintiff. In accordance with the representation ofNeuvelt undertaken by Smith, Smith prepared all documents for the closing of the loan transactions, including, but not limited to, Exhibits “A”, “B” “C” “D” “E” “F” & “G” attached hereto, as well as the escrow agreement for loan#2, of which Plaintiff does not have a copy. All of the documents prepared by Smith relative to loan #1 are set forth in the letter of closing instructions provided by Smith to Florida International in January 2007 (Plaintiffbelieves the closing letter for loan#l is identical, or essentially similar, to the closing letter for loan#2 attached hereto as Exhibit “H”, however Plaintiffis not in possession of the January 2007 closing letter and therefore cannot attach a copy hereto. ) Upon information and belief, a copy of the January 2007 closing letter is in the possession of Smith, its terms and conditions incorporated herein by reference. All of the documents prepared by Smith relative to loan #2 are set forth in the January 4, 2008 letter of closing instructions provided by Smith to Florida International. A copy of 9 ----- ###### the closing letter is attached hereto as Exhibit “H”, its terms and conditions incorporated herein by reference. In the course ofhandling the subject loan transactions for the Plaintiff, Smith negligently failed to act with the degree of competence generally possessed by attorneys in the state of Florida who handle legal matters similar to Plaintiffs. Smith was negligent, committed malpractice, and/or breached his fiduciary duty to the Plaintiff with regard to both Loan #1 and Loan #2 in ways including, but not limited to, the following: A. Designing the transactions so that the borrower’s mortgage broker, Robert Small, would obtain control of the construction loan proceeds; B. Permitting the borrower’s mortgage broker, Robert Small, to serve as disbursement agent for the construction loans; C. Instructing the closing agent to issue checks at closing for each of the construction loan draws, even though none ofthe requirements of the Escrow Agreement had, or could have, been met as of those respectives; D. Instructing the closing agent to deliver the construction draw checks, at closing, to the borrower’s mortgage broker, Robert Small; E. Failing to implement any process or other safeguards to insure that disbursements would be made in accordance with the Escrow Agreement draw schedule; F. Failing to communicate with his client on any matter relative to the transaction and instead, taking directions from the borrower’s mortgage broker, Robert Small; and G. Failing to disclose a personal conflict of interest with Jirah Investment, Inc. that would 10 ----- ###### have prevented Smith from representing Plaintiff in these transactions. Due to the negligence of Smith as described above, Small disbursed the entire amount ofconstruction funds, $221, 084. 43, to Jirah at, or shortly after the closings, although no construction had ever been performed on either of the properties as required by the construction loan and escrow agreements. Jirah did not use the disbursed construction funds to improve either of the subject properties and subsequently defaulted on the notes. Plaintiffs cause of action against Smith with regard to loan #\ accrued on February 1, 2008 and with regard to loan #2 accrued on February 1, 2009 when Jirah and Garcia defaulted on the notes respectively, the malpractice was discovered, and Plaintiff was damaged thereby. It is apparent that based on the manner in which Small disbursed the proceeds to Jirah, that it was the intent of Jirah and Small to take as much of the loan proceeds as possible as quickly as possible, without performing construction on the properties. Accordingly ifthe transactions had not been structured in way to provide immediate access to these funds, Jirah would not have taken or closed the loans, an Neuvelt would be whole. Subsequent to the providing of the loans, the value of the underlying properties have greatly decreased and as a result, Plaintiff has sustained damages equal to the loss of such value. As a direct and proximate result of Smith and Smith & Gromann’s negligence and breach of their fiduciary duty owed to Neuvelt, Neuvelt has been damaged in the amount of the $221, 084. 43 which was improperly disbursed to Jirah, together with the loss in value of the underlying properties, with interest at the rate of 18% per annum pursuant to the notes, from February 1, 2008 with regard to loan#! and February 1, 2009 with regard to loan #2. 11 ----- ###### WHEREFORE the Plaintiff demands judgment against John Walter Smith and Smith & Gromann an Interstate Partnership of Professional Associations d/b/a Smith & Gromann, P. A. in the amount of $ 408, 000. 00, less the fair market value of the underlying properties, pre and post judgment interest, court costs, and any further relief this Court deems just and proper. COUNT V NEGLIGENCE PER SE AGAINST JOHN WALTER SMITH, AND SMITH & GROMANN, AN INTERSTATE PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS D/B/A SMITH & GROMANN, P. A. Plaintiffs reallege and reaver the allegations in paragraphs 1 through 26 and 36 through 47 as if set forth more fully herein. At the time Smith structured the subject transactions, Florida Statute F. S. 494. 004 provided as follows: 4) Any money from a noninstitutional investor for disbursement at a mortgage loan closing shall be deposited with and disbursed by an attorney duly licensed in this state or by a title company duly licensed in this state. A person acting as a mortgage broker may not have control of any money from a noninstitutional investor. This subsection does not prohibit a licensee under ss. 494. 003-494. 0043 from receiving a mortgage brokerage fee upon the closing of the mortgage loan funded by the noninstitutional investor, [emphasis added] Not withstanding the above statute, of which Smith, as a practicing member of the Florida Bar, is deemed to have notice, he: a) structured the transaction in a manner to provide Robert Small, the Borrower’s mortgage broker, control over the construction loan proceeds; b) as set forth in his closing instruction letters to Florida International Title, specifically instructed the closing agent, Florida International, to issue checks at closing for each of the construction loan draws, even though none of the requirements of the Escrow Agreements had, or could have, been met as of those respectives; and 12 ----- ###### c) instructed the closing agent, Florida International, to deliver the construction draw checks, at the closings, to the bonower’s mortgage broker, Robert Small. Small thereafter disbursed the entire amount ofconstruction funds, $221, 084. 43, to Jirah at, or shortly after the closings, although no construction had ever been performed on either of the properties as required by the construction loan and escrow agreements. Jirah did not use the disbursed construction funds to improve either of the subject properties and subsequently defaulted on the notes. The subject statute was enacted to protect against the exact kind of injury that occurred in this case. Accordingly, Smith’s violation of the above statute constitutes negligence per se. As a direct and proximate result of Smith and Smith & Gromann’s negligence per se, Neuvelt has been damaged in the amount of the $221, 084. 43 which was improperly disbursed to Jirah, together with the loss in value of the underlying properties, with interest at the rate of 18% per annum pursuant to the notes, from February 1, 2008 with regard to loan #1 and February 1, 2009 with regard to loan #2. WHEREFORE, the Plaintiff demands judgment against John Walter Smith and Smith & Gromann an Interstate Partnership of Professional Associations d/b/a Smith & Gromann, P. A. in the amount of $408, 000. 00, less the fair market value of the underlying properties, pre and post judgment interest, court costs, and any further relief this Court deems just and proper. COUNT VI NEGLIGENCE PER SE AGAINST FLORIDA INTERNATIONAL TITLE AND ESCROW COMPANY Plaintiffs reallege and reaver the allegations in paragraphs 1 through 35 as if set forth more fully herein. 13 ----- ###### 54. At the time Florida International handled the closing of the subject transaction, Florida Statute F. S. 494. 004 provided as follows: 4) Any money from a noninstitutional investor for disbursement at a mortgage loan closing shall be deposited with and disbursed by an attorney duly licensed in this state or by a title company duly licensed in this state. A person acting as a mortgage broker may not have control of any money from a noninstitutional investor. This subsection does not prohibit a licensee under ss. 494. 003-494. 0043 from receiving a mortgage brokerage fee upon the closing of the mortgage loan funded by the noninstitutional investor, [emphasis added] Not withstanding the above statute, of which the principals of Florida International, as title agents, are deemed to have notice, Florida International closed the transaction and issued checks at the closings for each of the construction loan draws, even though none of the requirements of the escrow agreements had, or could have, been met as of those respectives, and delivered the construction draw checks, at the closings, to the borrower’s mortgage broker, Robert Small. Small thereafter disbursed the entire amount ofconstruction funds, $221, 084. 43, to Jirah at, or shortly after the closings, although no construction had ever been performed on either of the properties as required by construction loan and escrow agreements. Jirah did not use the disbursed construction funds to improve either of the subject properties and subsequently defaulted on the notes. The subject statute was enacted to protect against the exact kind of injury that occurred in this case. Accordingly, Florida International’s violation of the above statute constitutes negligence per se. As a direct and proximate result of Florida International’s negligence per se, Neuvelt has been damaged in the amount of $221, 084. 43, which was improperly disbursed to Jirah, together with the loss in value of the underlying properties, with interest at the rate of 18% per annum 14 ----- ###### pursuant to the notes, from February 1, 2008 with regard to loan # 1 and February 1, 2009 with regard to loan #2. WHEREFORE, the Plaintiffs demand judgment against Florida International Title and Escrow Company in the amount of $408, 000. 00, less the fair market value of the underlying properties, pre and post judgment interest, court costs, and any further relief this Court deems just and proper. JURY TRIAL DEMAND Plaintiff demands trial by jury of all issues so triable as of right by jury. d this day of October, 2009. ANDREW E. PASTOR, P. A. Andrew E. Pastor, Esq. Florida Bar. No. : 095140 1 1380 Prosperity Farms Road ###### Suite 118 Palm Beach Gardens, FL 33410 (561) 624-4900(telephone) (561) 624-5393 (facsimile) LAW OFFICES OF STEVEN M. WEISS, P. A. 11380 Prosperity Farms Road Suite 118 Palm Beach Gardens, FL 33410 (561) 630-9777 (telephone) (561) 630-903dl2facsimite) STEVEN'M. ST M. WEISS, WEISS, ESQ. Florida Bar No. : 437212 ----- C0NTRUCT10N LOAN AGREEMENT AGREEMENT, made JANUARY 26, 2007, by and between J1RAH INVESTMENT, INC. (Borrower), and ROBERT NEUVELT (Lender). The Borrower has applied to the Lender for a loan, the proceeds of which are to be used solely for the purpose of constructing the Improvements on the Property according to the Plans as hereinafter set _forth; _ _and_ The Lender is willing to make such loan on the terms contained herein; NOW THEREFORE, in consideration of the above premises and the mutual convents and agreements set forth herein, the parties hereto agree as follows: Representations and Warranties. In order to induce the Lender to enter into this Construction Loan Agreement, the Borrower hereby represents and warrants that: 1 Borrower is the owner of the Property in fee simple. 2 There are no unrecorded claims, liens, and encumbrances against the Property. 3 The proposed Improvements have been approved, to the extent required by any applicable law, and the use of the Property and the Improvements comply with all applicable zoning and environmental ordinances, regulations and restrictive covenants affecting the Property. 4 As of thehereof, there are no Improvements to the Property, construction of the Improvements has not commenced and a Notice of Commencement has not been posted upon the Property or-recorded in the Public Records of MIAMI-DADE County, Florida. 5 No violation of any local law, ordinance, regulation or requirement exists with respect to the Property. 6 There are no actions, suits or proceedings pending or threatened against or affecting it or the Property, or involving the validity or enforceability of the Mortgage or the priority of the lien thereof. 7 All utility services necessary for the construction of the Improvements and the operation thereof for their intended purpose are available at the boundaries of the Property, including water, storm and sanitary sewer, drainage, gas, electric, and telephone facilities. Commitment of Lender and Agreement to Borrower. ###### 2. 1 The Lender hereby lends to the Borrower an amount not to exceed the sum of210, 000. 00. The Contractor is not a beneficiary of the provisions of this Section and shall not have any rights to request an advance under the Note. Advances and Disbursements. 1 The Borrower represents that the sum of the cost acquiring the Property and the hard and soft costs of constructing the Improvements thereon is $210, 000. 00. 2 The Borrower shall submit to Lender and closing agent, written draw requests in accordance with the Escrow Agreement of evenherewith. 3 Upon request for disbursement by the Borrower the funds shall be disbursed by the disbursing agent according to the Escrow Agreement of evenherewith. Within five (5) business days from receipt of such draw request and certifications, the Lender shall advance to the closing agent, the amounts certified by the Borrower to be currently payable, provided that Lender shall have the right, at its option, to refuse to make advances should it detennine that an Event of Default has occurred as defined in Section 5 hereof. 4 The disbursing agent, shall disburse all funds advanced to it in accordance with this Agreement and the Escrow Agreement of evenherewith. 5 The disbursing agent shall not disburse any advance hereunder if there have been any changes in the status of title as set forth in die mortgagee’s policy of title insurance which have not been consented to in writing by Lender. Closing agent shall in any event promptly notify Lender of any change in the status of title to the Property or Improvements. ----- 6 The form of draw request, mechanic’s lien waivers, certificates, and any and all other instruments or documents required to be delivered in connection with an advance hereunder shall be in a form and substance satisfactory to Lender and closing agent. The Lender shall have the right to make an advance of proceeds without the request, approval or order ###### of the Borrower in an amount sufficient to obtain the release of Property or Improvements, from the lien of any mechanic’s lien, provided, however, that the Lender shall first give the Borrower not less than ten (10) days’ prior written notice of its intentions to procure such a release. The failure to the Borrower to obtain the release of the lien within the foregoing ten (10) day period shall relieve the Lender of responsibility for the foregoing payment. Affirmative Covenants. To induce the Lender to make the requested loan, the Borrower hereby covenants and agrees that it will: 1 Erect and complete in a good workmanlike manner the Improvement in accordance with the Plans and complete the Improvements on or before the Completionin accordance with the provision of the Construction Contract. 2 Promptly pay and discharge all taxes, assessments and other governmental charges imposed upon it or upon its income and profits or upon the Property, and any and all claims for labor, material or supplies or rental charges or charges ###### of any kind which, if unpaid, might by law become a lien or charge upon the Property, provided, however, that Borrower shall not be required to pay any such tax, assessments, charge or claim so long as the validity thereofshall be contested in good faith, by appropriate proceedings and Borrower shall have placed in escrow with Attorney, an amount equal to 150% of the amount then in dispute, or such lesser amount acceptable to the Lender and Attorney. 3 If at any time prior to completion of the Improvements, the amount remaining to be advanced against the Note appears to the Lender to be insufficient to pay for completion of the Improvements, the Borrower shall deposit with Lender within ten (10) days after the demand therefore, the amount of money which Lender, in its discretion, determines is need to cover such insufficiency. 4 Construct the Improvements within the boundary lines of the Property and in compliance with all zoning, building codes, and regulations. 5 Construct the Improvements at the cost not to exceed the amounts set forth in the Paragraph 3. 1 hereof. 6 Not make or approve any change in the Plans or the Construction Contract without the Lender’s prior written consent. Events of Default, Lender’s Remedies. 1 If Improvements are not completed on or before the Completion; or 2 If at any time prior to full completion of, and payment for, the Improvements, the amount of undisbursed loan funds becomes, in Lender’s opinion, insufficient for said purpose, and Borrower does not deposit with the Lender, funds in the amount of the insufficiency, within ten (10) days after Lender makes demand therefore; or 3 If Borrower fails to duly and punctually perfonn the covenants contained herein, or in any document executed or delivered hereunder and such failure to perform continues fora period often (10) days after Lender gives notice to Borrower of such default; or 4 If any financial statement, certificate, representation, or warranty furnished pursuant to or made under this Agreement proves to be materially false as of thethereof or any representation made herein is untrue when made or becomes untrue when made or becomes untrue with the passage of time; or 5 If Borrower fails to pay any installment of principal or interest on the Note within ten (10) days after such installment becomes due, or, if Borrower otherwise defaults under the terms of the Note, Mortgage, or any such other documents delivered herewith or executed pursuant to the Agreement and such other default continues to exist ten (10) days after Lender gives notice to Borrower of such default; or 6 If the Borrower makes a general assignment for the benefit of creditors, admits in writing its inability to pay its debts generally as they mature, files or has filed against it a petition in bankruptcy or a petition or answer seeking a reorganization, arrangement with creditors or other similar relief under Federal Bankruptcy Laws or under any other applicable law of the United States of America or any state thereof, consents to the appointment of a trustee or receiver; or takes any action for the purpose of effecting or consenting to any of the foregoing; THEN, in any such event, an “Event of Default" shall be deemed to have occurred and the Lender may, at its option (in addition to the Lender’s rights under the Note and Mortgage, or any other documents executed and delivered herewith or pursuant hereto), take any one or more of the following actions: a. Terminate Lender's obligation to advance any further sums pursuant hereto; b. Declare all amounts advanced against the Note plus interest thereon to be immediately due and payable and demand payment in full of the then principal balance plus accrued interest owing on the Note; ----- c. Enter the Property and Improvements to complete same and _use_ _the_ _funds_ _undisbursed_ _on_ _the_ _Note_ together with such other sums as may, in Lender’s discretion, be necessary to pay for remaining costs of such completion and, in such event, Borrower shall be responsible for all amounts outstanding on the Note together with all additional amounts advanced by Lender in excess of the amounts outstanding on the Note. Miscellaneous. _6. 1_ The parties hereto acknowledge and agree that the Borrower has retained the Contractor and, as a result, the Lender is not responsible for the Contractors actions. In addition, the Borrower and the Contractor have selected the architect, materials, supplies, and equipment used in the construction of the Improvements and, as a result, they are solely responsible for the selection. All inspections and other services rendered by or on behalf of the Lender are intended solely for the protection and benefit of the Lender and the Borrower and Contractor shall not be entitled to claim any loss or damage against the Lender for waiving or for failing to comply with any provision of this Construction Loan Agreement. 2 The Lender shall not be liable for the failure of any dealer, contractor, sub-contractor, craftsman, or laborer to deliver the goods or perform the services required to be delivered or performed by them, whether pursuant to the terms of the Construction Contract or otherwise. Nor shall this agreement be construed to make the Lender liable to the Contractor, materialmen, ci'aftsmen, laborers, or others for goods or services delivered by them or for debts or claims accruing to the said parties against that Borrower or the Contractor. 3 Time is of the essence under this Construction Loan Agreement. 4 The Borrower agrees, whether or not the transaction hereby contemplated is consummated, to pay the fees and expenses and disbursements of the Inspecting Party and all of Lender’s out-of-pocket expenses, including recording fees, taxes imposed for recording of Mortgage, and all title insurance charges, including title insurance, commitment fees and premiums incurred in connection with the transaction which is the subject of this Agreement. 5 All representations and warranties contained herein or made in writing by or on behalf of the Borrower in connection with the transactions contemplated hereby shall survive the execution _and_ _delivery_ _of_ this Agreement _and_ _the_ advances hereunder. All statements contained in any certificate or other instrument delivered by or on behalf of Borrower pursuant thereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by Borrower. 6 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns except that the rights of the Borrower are not assignable without the prior written consent of the Lender, in its absolute discretion. 7 No amendment, change, waiver or modification of this Agreement shall be valid unless it is in writing and signed by all of the parties hereto, and no waiver by Lender of any breach or default by the Borrower of any of Borrowers obligations, agreements or covenants under this _Canstniclion_ Loan _Agreement_ shall be deemed to be _a_ waiver of any subsequent breach, or any other obligation, agreement or covenant, nor shall any forbearance by Lender to seek or enforce a remedy for such breach be deemed a waiver of its rights and remedies with respect to such breach. Any waiver, amendment, change or modification of any covenants, requirements, duties or conditions of this Agreement to be performed by any person or entity other than Lender, included herein for the benefit of Lender, shall be binding on closing agent and shall not relieve closing agent from any of its obligations to provide insurance and make disbursements as set forth herein. 8 This construction Loan Agreement shall be governed by, interpreted, and construed in accordance with the laws ###### of the State of Florida. 9 This Agreement from and after thehereof supersedes and has merged into it all prior oral and written agreements (including any commitment) on the same subjects by or between some or all of the parties hereto with the effect that this agreement shall control the subject matter covered herein. 10 Any notices required or contemplated hereunder shall be effective upon the placing thereof in the United States mails, certified mail, return receipt requested, postage prepaid, and addressed as follows: ###### If to Borrower: J1RAH INVESTMENT, INC. 29)2 TARPON DRIVE, MIRAMAR, FL 33023 ###### If to Lender: ROBERT NEUVELT 6004 VALERIAN LANE, ROCKVILLE, MD 20852 ----- IN WITNESS WHEREOF, the parties hereto have caused this Construction Loan Agreement to be executed theand year first above written. Borrower: J1RAH INVESTMENT, INC. A FLORIDA CORPORATION CAROL E. GARCIA PRESIDENT Lender: ROBERT NEUVELT ----- Exhibit “A" Legal Description The real property located in MIAMI-DADE County, Florida, described as follows: The East _'A_ _of_ the Northwest % of the Northwest _'A_ _of_ the Northeast _'A_ _of_ the Southwest _'A, _ LESS the North 30 feet thereof for road right-of-way, and LESS the East 50 feet thereof, and LESS the North 100 feet of the South 130 feet of the West 116. 5 feet thereof, of Section 32, Township 55 South, Range 40 East, Miami-Dade County, Florida. Said lands situate, lying and being in Miami-Dade County, Florida. ----- ###### LENDER: ROBERT NEUVELT BORROWER: JIRAH INVESTMENT, INC. ESCROW AGENT: FLORIDA INTERNATIONAL TITLE & ESCROW PROPERTY ADDRESS: 13060 SW 176 STREET, HOMESTEAD, FLORIDA ESCROW AGREEMENT The undersigned agree that the Disbursement Agent, Mr. Robert Small of Simplex Mortgage Brokers, Inc, shall hold the sum of $76, 653. 87 from closing to be disbursed as follows: The sum of $ 15, 000. 00 completion of footers, slab, block, tie beam, and trusses; 2. The sum of $ 15, 000. 00 shall be disbursed to Borrower upon completion of /decking/facia, framing; 3. The sum of $ 15, 000. 00 shall be disbursed to Borrower upon electrical rough, mechanical rough, plumbing, insulation, drywall, and exterior doors and windows; 4. The sum of $7, 500. 00 shall be disbursed to Borrower upon completion of painting, cabinetry, trim, fixtures; and 5. The sum of $24, 153. 87 shall be disbursed to Borrower upon completion ofjob; PROVIDED, the title to said property has been checked down to the time of each disbursement and the title remains clear of any liens or encumbrances. In the event any lien or encumbrance remains unsatisfied after fifteen (15) days notice thereof to the Borrower, upon the written request offender or the Lenders disbursement agent, the balance of the amount in escrow shall be disbursed to Lender and the Escrow Agent shall be released of all further liability therefore. All fee and expenses incurred under this Escrow Agreement shall be the expense of the Borrower. The Borrower agrees to pay all costs of collection and enforcement of this Escrow Agreement, the Mortgage, and the Note, including all of the Lender's attorney's fees and court costs. As used in this Escrow Agreement, "attorney's fees" shall include attorney's fees, if any, which may be awarded by an appellate court. This Escrow Agreement shall be construed under and in accordance with the laws of the State of Florida. d: JANUARY 26, 2007 JIRAH INVESTMENT, INC. CAROL E. GARCIA FLORIDA INTERNATIONAL TITLE & ESCROW ----- **B. ** **Type** **of** **Loan** **1. OFHA** **2. DRHS** **3. 8Conv. ** **UnIns. ** **6. ** **File** **Number** **7. ** **Loan** **Number** **8. ** **Mortgage** **Insurance** **Case** **Number** **06-0404** **J2325** **4. 0** **VA** **5. 0** **Conv. ** **Ins. ** **C. ** **Note:** **This** **form** **is** **furnished** **to** **give** **you** **a** **statement** **of** **actual** **settlement** **costs. ** **Amounts** **paid** **to** **and** **by** **the** **settlement** **agent** **are** **shown. ** **Items** **marked** **’(p. o. c. )“** **were** **paid** **outside** **the** **dosing; ** **they** **are** **shown** **here** **for** **information** **purposes** **and** **are** **not** **induded** **in** **the** **totals. ** **D. ** **Name** **and** **Address** **of** **Borrower** **E. ** **Name** **and** **Address** **of** **Seller** **F. ** **Name** **and** **Address** **of** **Lender** **Jirah** **Investment. ** **Inc. ** **The** **West** **Perrine** **Community** **Robert** **Neuvelt** **2912** **Tarpon** **Drive** **Development** **Corporation, ** **Inc. ** **6004** **Valerian** **Lane** **Miramar, ** **FL** **33023** **17600** **Homestead** **Avenue** **Rockville, ** **MD** **20852** **Miami, ** **FL** **33157** **G. ** **Property** **Location** **H. ** **Settlement** **Agent** **10360** **SW176** **Street** **Florida** **International** **Title** **&** **Escrow** **Miami, ** **FL** **Place** **of** **Settlement** **1. ** **Settlement** **** **1877** **South** **Federal** **Highway** **01/26/07** **Suite** **108** **Boca** **Raton, ** **Florida** **33432** **J. ** **SUMMARY** **OF** **BORROWER'S** **TRANSACTION:** **K. ** **SUMMARY** **OF** **SELLER'S** **TRANSACTION:** **100. ** **GROSS** **AMOUNT** **DUE** **FROM** **BORROWER** **400. ** **GROSS** **AMOUNT** **DUE** **TO** **SELLER** **101. ** **Contract** **sales** **price** **125, 000. 00** **401. ** **Contract** **sales** **price** **125, 000. 00** **102. ** **Personal** **property** **402. ** **Personal** **property** **103. ** **Settlement** **charges** **to** **borrower** **(line** **1400)** **12, 944. 70** **403. ** **104. ** **Draw** **1** **15, 000. 00** **404. ** **105. ** **Draw** **2** **15, 000. 00** **405. ** **Adjustments** **for** **Items** **paid** **by** **seller** **in** **advance** **Adjustments** **for** **Items** **paid** **by** **seller** **in** **advance** **106. ** **City/town** **taxes** **to** **406. ** **City/town** **taxes** **to** **107. ** **County** **taxes** **to** **407. ** **County** **taxes** **to** **108. ** **Assessments** **to** **408. ** **Assessments** **to** **109. ** **Draw** **3** **15. 000. 00** **409. ** **110. ** **Draw4** **7. 500. 00** **410. ** **111. ** **Draw5** **24, 558. 87** **411. ** **11Z** **412. ** **120. ** **GROSS** **AMOUNT** **DUE** **FROM** **BORROWER** **215, 003. 57** **420. ** **GROSS** **AMOUNT** **DUE** **TO** **SELLER** **125, 000. 00** **200. ** **AMOUNTS** **PAID** **BY** **OR** **IN** **BEHALF** **OF** **BORROWER** **500. ** **REDUCTIONS** **IN** **AMOUNT** **TO** **SELLER** **201. ** **Deposit** **or** **earnest** **money** **5, 000. 00** **501. ** **Excess** **Deposit** **(see** **instrudions)** **202. ** **Prindpal** **amount** **of** **new** **loan(s)** **210, 000. 00** **502. ** **Settlement** **charges** **to** **seller** **(line** **1400)** **8, 619. 00** **203. ** **Existing** **loan(s)** **taken** **subjed** **to** **503. ** **Existing** **loan(s)** **taken** **subject** **to** **'** **204. ** **504. ** **Payoff** **of** **first** **mortgage** **loan** **17, 239. 80** **SunTrust** **Bank** **205. ** **505. ** **Payoff** **of** **second** **mortgage** **loan** **6, 788. 73** **LISC** **Payoff** **206. ** **506. ** **207. ** **507. ** **208. ** **508. ** **209. ** **509. ** **Adjustments** **for** **Items** **unpaid** **by** **seller** **Adjustments** **for** **items** **unpaid** **by** **seller** **210. ** **City/town** **taxes** **to** **510. ** **City/town** **taxes** **to** **211. ** **County** **taxes** **01/01** **to** **01/26** **3. 57** **511. ** **County** **taxes** **01/01** **to** **01/26** **3. 57** **212. ** **Assessments** **to** **512. ** **Assessments** **to** **213. ** **513. ** **214. ** **514. ** **2006** **R. E. ** **Taxes** **52. 07** **215. ** **515. ** **216. ** **516. ** **217. ** **517. ** **218. ** **518. ** **219. ** **519. ** **220. ** **TOTAL** **PAID** **BY** **/** **FOR** **BORROWER** **215, 003. 57** **520. ** **TOTAL** **REDUCTION** **AMOUNT** **DUE** **SELLER** **32, 703. 17** **300. ** **CASH** **AT** **SETTLEMENT** **FROM** **OR** **TO** **BORROWER** **600. ** **CASH AT** **SETTLEMENT** **TO** **OR** **FROM** **SELLER** **301. ** **Gross** **amount** **due** **from** **borrower** **(line** **120)** **215, 003. 57** **601. ** **Gross** **amount** **due** **to** **seller** **(line** **420)** **125, 000. 00** **302. ** **Less** **amounts** **paid** **by/for** **borrower** **(line** **220)** **215, 003. 57** **602. ** **Less** **redudion** **amount** **due** **to** **seller** **(line** **520)** **32, 703. 17** **303. ** **CASH** **FROM** **BORROWER** **503. ** **CASH** **TO** **SELLER** **92, 296. 83** ----- **701, ** **$________3, 750. 00** **to** **AREYCO, Inc. ** **702. ** **$** **3, 750. 00** **to** **Royal** **Florida** **Realty** **703. ** **Commission** **paid** **at** **Settlement** **7, 500. 00** **704. ** **800. ** **ITEMS** **PAYABLE** **IN** **CONNECTION** **WITH** **LOAN** **P. O. C. ** **801. ** **Loan** **Origination** **Fee** **%** **802. ** **Loan** **Discount** **%** **803. ** **Appraisal** **Fee** **to** **804. ** **Credit** **Report** **to** **805. ** **Lender's** **Inspection** **Fee** **to** **806. ** **Mtq. ** **Ins. ** **Application** **Fee** **to** **807. ** **Assumption** **Fee** **to** **_808. _** **_Mortgage_** **Broker** **_Fee_** **_Simplex_** **_Mortgage_** **_Brokers. _** **_Inc. _** **6, 300. 00** **809. ** **Document** **Preparation** **Fee** **Smith** **&** **Gromann, ** **PA** **475. 00** **810. ** **811. ** **812. ** **813. ** **814. ** **815. ** **900. ** **ITEMS** **REQUIRED** **BY** **LENDER** **TO** **BE** **PAID** **IN** **ADVANCE** **901. ** **_Interest_** **_from_** **_01/26/07_** **o** **02/01/07** **@5** **87. 50** **/day** **6** **dayfs)** **525. 00** **_902. _** **Mortgage** **Insurance** **Premium** **to** **903. ** **Hazard** **Insurance** **Premium** **yrs. ** **to** **904. ** **905. ** **1000. ** **RESERVES** **DEPOSITED** **WITH** **LENDER** **FOR** **1001. ** **Hazard** **Insurance** **mo. ** **@S** **/mo. ** **1002. ** **Mortgage** **Insurance** **mo. ** **3S** **/mo. ** **1003. ** **City** **property** **taxes** **mo. ** **@S** **/mo. ** **1004. ** **County** **property** **taxes** **mo. ** **3S** **/mo. ** **1005. ** **Annual** **Assessments** **mo. ** **@$** **Zmo. ** **1006. ** **mo. ** **@$** **/mo. ** **1007. ** **mo. ** **/mo. ** **1008. ** **Aggregate** **Reserve** **for** **Hazard/Flood** **Ins, ** **City/County** **Prop** **Taxes, ** **Mortgage** **Ins** **&** **Annual** **Assessments** **1100. ** **TITLE** **CHARGES** **1101. ** **Settlement** **or** **closing** **fee** **to** **Florida** **International** **Title** **A** **Escrow** **125. 00** **1102. ** **Abstract** **or** **title** **search** **to** **First** **American** **Title** **Insurance** **Company** **100. 00** **1103. ** **Title** **examination** **to** **Florida** **International** **Title** **A** **Escrow** **95. 00** **1104. ** **Title** **insurance** **binder** **to** **11105. ** **Document** **preparation** **to** **1106. ** **Notary** **fees** **to** **1107. ** **Attorney's** **fees** **to** **(includes** **above** **item** **No:** **)** **1108. ** **Title** **insurance** **to** **Florida** **International** **Title** **A** **Escrow** **1, 350. 00** **(includes** **above** **item** **No:** **)** **1109. ** **Lender's** **coverage** **210, 000. 00** **- 650. 00** **Ind** **450. 00** **Risk** **Prem** **1110. ** **Owner's** **coverage** **125, 000. 00** **- 700. 00** **1111. ** **FF9** **Florida** **International** **Title** **A** **Escrow** **135. 00** **1112. ** **ALTA** **8. 1** **Florida** **International** **Title** **A** **Escrow** **25. 00** **1113. ** **1200. ** **GOVERNMENT** **RECORDING** **ANO** **TRANSFER** **CHARGES** **1201. ** **Recordinqfees** **Deed** **$** **27. 60** **; Mortgages** **87. 10** **; ** **Releases** **S** **114. 70** **1202. ** **City/county/stamps** **Deed** **S** **; ** **Mortgage** **S** **1203. ** **State** **tax/stamps** **Deeds** **875. 00** **; ** **Mortgages** **735. 00** **735. 00** **875. 00** **1204. ** **Intangible** **Tax** **Deed$** **; ** **Mortgage** **$** **420. 00** **420. 00** **1205. ** **1300. ** **ADDITIONAL** **SETTLEMENT** **CHARGES** **1301. ** **Survey** **to** **1302. ** **Pest** **inspection** **to** **1303. ** **Wire** **Fee** **Florida** **International** **Title** **A** **Escrow** **25. 00** **1304. ** **Courier** **Fee** **Florida** **International** **Title** **A** **Escrow** **35. 00** **1305. ** **Document** **Scanning** **&** **Storage** **Pagestream** **45. 00** **1306. ** **Uen** **Search** **Florida** **Property** **Search, ** **Inc. ** **184. 00** **1307. ** **ReferralFee** **Roger** **Garcia** **2, 500. 00** **1308. ** **1400. ** **TOTAL** **SETTLEMENT** **CHARGES** **(enter** **on** **lines** **103** **and** **502, ** **Sections** **J** **and** **K)** **12, 944. 70** **8, 619. 00** **I hav«** **caratuty** **ravtowad** **lha** **HUD-1** **Saldanwt** **Statamact** **and** **to** **the** **bait** **of** **my** **knowtadga** **and** **baBaf, ** **it b** **a** **trua** **and** **accurate** **ctatemani** **of** **sU** **receipti** **and** **diibureamanta** **made** **on** **my** **account** **or** **by** **ma** **in** **thia** ----- NOTE JANUARY 26, 2007 13060 SW 176 STREET, HOMESTEAD, FLORIDA [Property Address] BORROWER'S PROMISE TO PAY. In return for a loan that I have received, I promise to pay U. S. $210, 000. 00 this amount is called "principal"), plus interest, to the order of the Lender as hereinafter defined. _The_ Lender is ROBERT NEUVELT and is sometimes hereinafter referred to as the “Mortgagee”. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". INTEREST. Interest will be charged on unpaid principal until the full amount of principal has been paid. 1 will pay interest at a yearly rate of Fifteen percent (15%) per annum. The interest rate after any default described in Section 6(B) ###### of this Note, and after the maturityas hereinafter set forth, is Eighteen percent (18%) per annum. PAYMENTS. (A) Time and Place of Payments. I will pay interest only by making monthly payments. 1 will make my monthly payments beginning on MARCH 1, 2007. 1 will make these payments monthly until I have paid all of the interest and any other charges described below that I may owe under this Note. My payments will be applied to interest only. If, on FEBRUARY 1, 2008, 1 still owe amounts under this Note, J will pay those amounts in fiilJ on that, which is called the "maturity". I will make my payments at 6004 VALERIAN LANE, ROCKVILLE, MD 20852, or at a different place if required by the Note Holder. (B) Amount of Monthly Payments. My monthly payments will be in the amount of U. S. $2, 625. 00. BORROWER'S RIGHT TO PREPAY. I have the right to make payments ofprincipal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that 1 owe under this Note. If I make a partial prepayment, there will be no charges in the dueor in the amount ofmy monthly payment unless the Note Holder agrees in writing to those changes. LOAN CHARGES. If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other Joan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge collected shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. BORROWER'S FAILURE TO PAY AS REQUIRED. (A) Late Charge for Overdue Payments. If a Note Holder has not received the full amount of any monthly payment by the end of Five (5) calendar days after theit is due, I will pay a late charge to the Note Holder. The amount of the charge will be Ten percent (10%) of my overdue payment ofinterest. I will pay this late charge promptly but only once on each late payment. In the event that 1 shall make any payment by check, which check shall be returned to the Note Holder for any reason other that improper endorsement, I shall be responsible for a $50. 00 processing charge for returning said check, in addition to any late charge or penalty provided herein. I understand that upon full payment and satisfaction ###### ofthis obligation, the remaining balance due hereunder shall be paid by a local bank cashier's check. (B) Default. If I do not pay the full amount of each monthly payment on theit is due, 1 will be in default. (C) Waiver of Notice of Default I hereby waive Notice of Default by the Note Holder. I understand that if 1 am in default the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. (D) No Waiver By Note Holder. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment ofNote Holder's Costs and Expenses. If Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing ----- this Note to the extent not prohibited by applicable law. These expenses include, for example, reasonable attorney's fees and court costs. GIVING OF NOTICE. Unless applicable law requires a _different_ method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice ofmy different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. OBLIGATIONS OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the fiill amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. WAIVERS. I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. ’’Presentment" means the right to require the Note Holder to demand payment of the amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. SECURED NOTE. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), d the sameas this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full if all amounts I owe under this Note. Some of those conditions are described as follows: Any transfer by sale, gift, devise, operation of law, or otherwise of the fee title interest in all or any portion of the Mortgaged Premises shall have the same consequences as an event of default respecting the indebtedness secured hereby, and upon such transfer, Mortgagee, without prior notice or the elapse of any period of grace or the right to cure, shall have the right to declare all sums secured hereby immediately due and payable, and, upon failure by Mortgagor to make such payment within ten (10) days ofwritten demand therefore, Mortgagee shall have the right to exercise all remedies provided in the Note, this Mortgage, or otherwise at law. MODIFICATION. This note may be modified only by an agreement in writing signed by the party against whom enforcement ofany waiver, change, modification or discharge is sought. CONSTRUCTION. The words "Borrower, " Maker, " "Signer, " "I, " and "Holder" as used herein include singular or plural, individual or corporation, and the respective heirs, executors, administrators, successors, and assigns of Borrower and Holder, as the case may be. The use of any gender applies to all genders. If more that one party is named as Borrower, the obligation hereunder of each such party is joint and several. WAIVER OF JURY TRIAL. The undersigned hereby knowingly, voluntarily and intentionally waives any right which the undersigned may have to a trial by jury in respect to any litigation based hereon or arising out of, under or in connection with this note and any documents contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statement (whether verbal or written) or actions of either the undersigned or the holder hereof. This provision is a material inducement for the holder hereofto make a loan to the undersigned in the principal amount hereinbefore provided above. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. JIRAH INVESTMENT, INC. , A FLORIDA CORPORATION. (Seal) CAROL E. GARCIA, PRESIDENT ----- In consideration of the loan and extension ofcredit by the Lender of the within Note to the maker thereof, the undersigned (jointly and severally) upon maker’s request, hereby unconditionally guarantee(s) to the Lender and to the successors and assigns of the Lender (Note Holder), irrespective of the genuineness, validity, regularity or enforcement thereof, that all obligations set forth in the within Note due from the maker to the Lender (Note Holder) shall be paid when due by acceleration or otherwise, in accordance with the provision thereof; and hereby consent(s) without notice to the undersigned, to any and all extensions of time or terms of payment or modification of any of the terms thereof, and agree(s) to indemnify and hold the Lender (Note Holder) thereof harmless against all losses, costs, damages, liabilities, and expenses incurred or paid by the Lender (Note Holder) as a result of or in any way arising out of the obligations set forth in the within Note. Theof the undersigned hereto (is) (are) intended as an endorsement of the within Note as well as the execution of a guaranty by the undersigned, who hereby waive(s) presentment, demand for payment by the Lender (Note Holder) or anyone else, protest or other notice of any kind and any and all demands whatsoever. The undersigned, (jointly and severally) waive trial by jury in any action arising on. and out of or by reason hereof, and expressly waive the right to interpose any defense based on any statute of limitations or any claim of laches or any set-off, counterclaim, or cross-claim of any nature or description. The provisions hereof may not be changed orally, but only by a writing signed by the Lender or Note Holder. CAROL E. GARCIA, INDIVIDUALLY ----- dONTaUCTION LOAN ACREGMGNT I. ’ AORBEMEN’r, mode JANUAKY _4, 200‘8, _ by and between JIRAI1 INVESTMENT, INC. (Borrower), and ROBERT NEUVELT (Lender). | Tlie'BorTOwcr. hns appiied Io the Lender for n loan, the proceeds of which nre lo be used solely for (he purpose of constructing die Intproveriients on the Property according to the Plans as hereinafter sd forth; and The Lender is trilling to rnakc such loan brr rhe leans contnined herein; NOW. TI IEREPORE, in consideration of rite abovopreinises mxl the mutual convcnls nnd agreements set forth herein, thcporlics hereto agree as follows: ###### I. Representations and Warranties^ Inonlerto induce the Lender to enter into this Construction Loan Agreement, the Borrower hereby rcpresenls and warrants that: 1 Borrower is Ute owner of the Property in fee simple; 12 There are-no unrecorded claims, Jicns, and ciicnmbrances againsi Ibe Property. 13 'Hie proposed Improvements have been approved, toihe extent required by any applicable law, -and the use of the Property and the Improvements comply witlr nil applicable zoning and environmental ordinances, regulations and restrictive covenants affecting tire Rropcr|y. . f; 4 As ofthe dale hereof, there are no Improvements to the Properly, construction of tliedmprovemenlsJtns not commenced and a Notice of Comnicncemcnt has not been posted upon the Property or recorded iit the Public Records of MlAMMJADE County, Plorida. I S No violalion of any local law, ordinance, regulation or requirement exists with respect to the Property. 6 There nre no actions, suits or prdceedings pending or threatened:agninst. or affecting lt or the Property, or Involvingihcivalidily or enforceability of the Mortgage or thepriorily of the lien thereof. 7 Al) ulility services necessary forithe construction of the Improvements and the operation thereof for lheir - ntended purpose are available nt the boutitlnries of the Property, including waler, storm and sanitary sewer, drainage, gas, electric, and lelepltone facilities. ; Commitment of Lender and Agreement to Borrower. 1 TheLender hereby lends lo the Qorrower an amount not to exceed the sum of 198, 000. 00. Thc Contraetor is not nbencftciuryof the provisions ofthis Section and shall not have atty rights to request an advance tindertlie Note. Advances and Disbursements. .’ _3. 1_ TTie Borrower represents that ihostim of the cost acquiring the Property and the hard and. soft costs of constructing the Improvements thereon _is_ <$198, 000. 00. 2 The. _Borrower_ shall submit to Lender and closing agent, writlen. dniw requesls in acco’rdancc wiih the-Escrow Agreemenl ofevenherewith. 3:3 Upon request for disbursement by the Borrower (he funds shsilf be disbursed by (he disbursing-ogent according. to. the-Escrow Agreement of even dote herewith. Within five (5) business driys from receipt of such draw request and certifications, (he Lender sltull advance to (lie closing agent, (he amounts certified by the Borrower to be currently payable, provided that Lender shiill have the fighi, ht its ontron, .to refuse to make advances shouldiit determine (lint an Event of Defnuil has occurred ns defined in Seciion 5 hereof. 4 The disbursing agent, shall disburse all funds advanced to it in accordance with this Agreement and the Escrow Agreement ofeven dale herewith. 5 The disbursing ngent shall not disburse any advance hereunder if there have been any changes in the status of title as set forth in the mortgagee's policy pf title insurance which have not been consented to in writing by Lender. Closing agent shall in any event promptly polity Lendcrof any change in the status of title to the Properly or Improvements. ----- **3** **<j** The (bnp dfdraw request, 'inocluinio's lien waivers, certificates; .arid'ii»y:nnd’nil other iosirwhenisior-docuinenis- required to f>c delivered in. conncction wiih. ari advance hweiinder shall lx: In'aform anii. stibsiance salisfactdry (o'Lender andfcloslng aftehl The'. Leitdcr. shali have the rigluTo make aivndyance of proceeds without Uie request, approval or order ###### ofilie Borrovyer b an amount sufficient to obtain the’releose of Property dr Improvements, from t|ie lien of (|ny rnedianic’s liar, provided, however, that She Lender shall first give the Borrower not less tlihn lci). ( IO) days’ prior written notice of its intentions to procure such n release. The failure to the Borrower (o obtain the release of the iienwilhin die foregoing ten (10)day period shall relicvb the Lender of resoonsibility. fnr the foregoing payment. 4, Affirautlivo Covenants. To induce the Lender Io make the requested loaii, the Borrower Itereby covenants and agrees (hat il will: 44 ’ Erect mid complete In a good workmanlike manner the Improvement In accordance with the Plans and complete- tlielmprovcments on or before the Completionin accordance with lire provision of the Construction Contract 2 Promptly pay rind discliarge. all (axes, assessments and other governmental charges imposed upon. it or upon its incqmo nnd profits or upon the Properly, and any and all claims forhtbor, material or supplies or renlnt charges or charges ofany kihd. whlch, .ifunpaid, might by Jniv become n lien or charge upon the Property, provided, however, ihal. Bon-ower shall riot be required to pay any such tax. lasscssments, charge or claim _so_ long ns the validity thereofshall be contested in good faith, by appropriate proceedings nnd Borrower shall have placed in escrow with Attorney, tut amount equal (o 150% of (he amount then in dispute, or such lesser amount acceptable Io the Lender and Attorney. 4J If hl any time prior to completion of the Improvements, (he mnotml remaining to be advanced against the Note appears to the Lender to be insufficient In pny for completion of (lie Improvements, the Borrower shall deposit with Lender within ten (10) days alter the demand therefore, the amount of money which Lender, in its discretion, determines Is needto cpv. ersiich insufficiency. 4*. 4 Construct the Improvements within Hie boundary lilies of the Propertyand in compliance with all zoning, btiildingcodcs. nnd regulations. dis Construct the Iritprovo/itenls nl (hc cost not to exceed (he amounts set forth tn die'Paragraph 3. 1 hereof. 4'4 Novmake or approve any. change in Ute Plans or Ute Construction Contract without lite lender's prior written conserii. . Eycnts of Default, Lender’s Remedies. $, .| If Iniprovcincnts nro not completed on or before the Complctiori Dale; or **5. 2** Ifat any lime prior to full completion of, and payment for, (he Improvemenis, the amount of undisbursed loan funds becomes, in Lender's opinion, insufficient _for_ _said_ purpose, and Borrower does not deposit-with the Lender, funds in-the amduril of thc'lnsufficiency, williinjlcn (lO) dnys irflcr Lender makes demand therefore; or 3 If Borrower fails to duly nnd punctually perform die covenants contained herein, or in tiny document executed or delivered hereunder nnd such failure to perform continues for a period of ten ((0) days nftcr Lender gives notice to Borrower of such default; or 4 If any finnneiol statement, certificate, representation, or warranty furnished pursuant to or mode under this Agreeinanlproves Id be materially false ris of Ihothereofor any representation made herein is untrue when made or - becomes untrue when ntndc or becomes untrue with the passage of time; or 5 If Borrower (nils to pny any instalhncnl of principal or interest on IheNole within ten (ID) days after such installment becomes due, or, if Borrower otherwise defaults umler the terms of Ihe Nole, Mortgage, or any such other documcrils delivercd herewith or executed pursuant to the Agreement and such other default continues (o exist len (10) days aflerLcndcr gives notice Io Borrower of such default; or ###### 54 Ifthe Borrower makes a general -assignment for the benefit of creditors, admits in writing itsinabilily to pay its debts generally os they mature, fiics or has filed ngninst it a petition in bankruptcy or n petition or answer seeking a reorganization, arrangement with creditors or other similar relief under Federal Bankruptcy Laws or under any other applicable law. of (he United Slates of America or any stale thereof, consents to the appointment of a trustee or receiver; or-takes any notion for the purpose of cffebtlng or consenting to any of the foregoing; THEN; imany such event, ah ‘‘Event of Pefaiilt” _shall_ _be_ _deemed_ to have occurred nnd the Lender may, al ils option (in addition to liie. Lcndcr’s rights under thchslote nnd Mortgage, or any oilier documents executed and delivered herewith Or pufsiiaiit hereto), trike any one or more ofAlte following actions:. n. Tenninote Lender's obligation tq' advnncc any further sums pursuant hereto; b, Declare al) amounts advanced ngiiinst the Note plus interest thereon Io be immediately due and payable and demand payment in full of (ho (lien principal balance plus accrued interest owing on the Note; ----- c. Enter the Properly and IniproverhcnU to complete same and use the hinds undisbursed bn the Note together with. such oilier sums os-may, in Lender’s discretion, be neccssaiy to pay for remaining costs-Of such completion and, in such event, Borrower shall be responsible for all amounts outstanding on the Note together with all additional amounts advanced by Lender In excess of the amounts outstanding on the Note. Miscellaneous. 6; I The parties hereto acknowledge iind agree that the Borrower has retained the Cohlraclor and, ns a result, the _Lenderit_ _not_ _responsible_ _far_ _the_ _Conlmctprs_ actions. In addition, the _Borrower_ _and_ the Contraclor. have selected lite architect, materials, supplies, and equipment used in the construction of (he Improvements and, as n result, (hey are solely responsibfefor iho selection. All inspections and other services rendered, by or on behalfofShe Lender nro-lhtendcd soielyTor. lhe protection and benefit ol'thi Lender and the Borrower and Contractor shall not be entilled to claim any loss, or damage ngainst the Lender for waiving or for failing to comply with any provision of lliis ConsIructiomLoan Agreement. ###### di The Lender shal l. nol be liable foj- the failure of any dealer, contractor, sub-contractor, crallsman, or laborer to 'deliver tlte godds or perform llic services required to-be delivered or performed by (Item, - whether pursuant to die terms of IheConstructionConlroct or otherwise. - j^or shall Ulis agreement be. construed to inake-thc Lender liabie to. lhc Contractor, materialmen, craftsmen, laborers, or others for goods or services' delivered by (hem or for debts or clitims accruing to the said parties ngninst ihnl Borrower or die Contractor. _63_ _Time_ _Is_ _ofthe_ essence under th isj Construction Loan Agreement '6. 4 The Borrower agrees, whether or iiotthe transaction hereby contemplated is-consumtnated, to pay the. fees and ex|icnscs and disbursements of the Inspecting Party and all of Lender's out-of-pocket expenses, including recording fees, taxesjmposed for recording of Mortgage, ^ and all title insurance charges, including title insurance; coinmhmem-fccs. ahd premiums incun-cd in connection with the transaction which is Iho subject of this Agreement. 5' Ail representations and warranties contained herein or made in writing by or on beltalf of tl>e Borrower in connection with the Iratisnciions contemplated hereby shall survive the execution and delivery of this Agreemeni-andthe advances hereunder. All statements conlijiucd in any certificate or oilier instrument delivered by or on behalf of Borrower pursuant thereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by Borrower. _6:6_ 'fliis Agreement shall be binding upon and inure to the benefit of lhe parties hereto and their respective successors hnd assigns except that the rights of the Borrower orc not assignable without the prior written consent of (he l^ender. in _its_ absolute discretion. 7 No amendment, change, waiver dr modification ofthis Agrecmenl-shali be valid unless it-is in writing and signed, by till of-thc parties hereto, and no iwaiver by Lender of any breach or default by the Borrower of any of Borrowers obligalionsingroomcntsor covenants under this Conslniclion Loan Agreement sh’nll be deemed Io be a waiver of any subsequent brcach. or any other obligation, agreement _or_ covcnanl, nor shall any forbearancc by Lender to; scck-or enforce a rcmedy for such, breqch bc deemed a waiver of its rights and remedies with respect to such breach. Any wbiver, amendment, change-or modification ofany covenants, requirements, duties or conditions of th is. Agreement to be perfo'mied by any person or enlily oilier tlinn Lender, Included herein for the benefit of Lender, shall be binding on closing. agenl and shall not relieve closing agent from any of iks obligations Io provide insurance and make disbursemems ns'sel forth herein. _SiS_ This construclion Lorin Agreement shall be governed by, interpreted, and construed hi accordance with (he laws ###### of die Stale ofFlorida. 9 This Agreement from and atler trie rlato hereof supersedes nnd. hns merged into it nil prior oral and written agreements (including any commitment) on lhe same subjects by or between some or all of the panics hereto with the effect. that this agreement shall control tlieisubject matter covered herein. fiilO Any notices required or contemplated hereunder dial! be effective upon the placing. thcreof in the United Slates mails; certified _mail, _ return receipt requested, postage prepaid, and addressed ns follows: ###### If to Borrower: I JIRAH INVESTMENT, INC. ! 2912 TARPON DRIVE, MIRAMAR, FL 33023 ###### If 10 Lender: J ROBERT NEUVELT; 6004 VALERIAN LANE, ROCKVILLE, MD 20852 ----- ##### 9. IN WITNESS WHEREO! ’, tl>c panics hereto have caused this Cotislrucliou Loan-Agreement-to bc. cxeculed (he dntc and year first above wnllcn. Borrower. **JIR'AH** **INVESTMENT, ** **INC. ** **A** **FLORIDa** **CORPORATION** **CAROL** **B. ** **GARCIA** **PRESIDENT** ----- ###### NOTE JANUARY 4, 2008 11600 SW 216TH STREET, HOMESTEAD, FL 33175 [Property Address] BORROWER'S PROMISE TO PAY. In return for a loan that I have received, I promise to pay U. S. $ 198, 000. 00 this amount is called "principal"), plus interest, to the order of the Lender as hereinafter defined. The Lender is ROBERT NEUVELT and is sometimes hereinafter referred to as the “Mortgagee”. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". INTEREST. Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of Fifteen percent (15%) per annum. The interest rate after any default described in Section 6(B) of this Note, and after the maturityas hereinafter set forth, is Eighteen percent (18%) per annum. PAYMENTS. (A) Time and Place of Payments. I will pay interest only by making monthly payments. 1 will make my monthly payments beginning on MARCH 1, 2008. 1 will make these payments monthly until I have paid all of the interest and any other charges described below that I may owe under this Note. My payments will be applied to interest only. If, on FEBRUARY 1, 2009, 1 still owe amounts under this Note, I will pay those amounts in full on that, which is called the "maturity". I will make my payments at 6004 VALERIAN LANE, ROCKVILLE, MD 20852, or at a different place if required by the Note Holder. (B) Amount of Monthly Payments. My monthly payments will be in the amount of U. S. $2, 475. 00. BORROWER'S RIGHT TO PREPAY. I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. 1 may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no charges in the dueor in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. LOAN CHARGES. If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge collected shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. BORROWER'S FAILURE TO PAY AS REQUIRED. (A) Late Charge for Overdue Payments. If a Note Holder has not received the full amount of any monthly payment by the end of Five (5) calendar days after theit is due, I will pay a late charge to the Note Holder. The amount of the charge will be Ten percent (10%) of my overdue payment of interest. I will pay this late charge promptly but only once on each late payment. In the event that I shall make any payment by check, which check shall be returned to the Note Holder for any reason other that improper endorsement, I shall be responsible for a $50. 00 processing charge for returning said check, in addition to any late charge or penalty provided herein. 1 understand that upon full payment and satisfaction of this obligation, the remaining balance due hereunder shall be paid by a local bank cashier's check. (B) Default. If I do not pay the full amount of each monthly payment on theit is due, I will be in default. (C) Waiver of Notice ofDefault. 1 hereby waive Notice of Default by the Note Holder. I understand that if I am in default the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. (D) No Waiver By Note Holder. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (E) Payment ofNote Holder's Costs and Expenses. If Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing ----- ###### this Note to the extent not prohibited by applicable law. These expenses include, for example, reasonable attorney's fees and court costs. GIVING OF NOTICE. Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. OBLIGATIONS OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each person is fully and personally. obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. WAIVERS. I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of the amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. SECURED NOTE. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), d the sameas this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full if all amounts I owe under this Note. Some of those conditions are described as follows: Any transfer by sale, gift, devise, operation of law, or otherwise of the fee title interest in all or any portion of the Mortgaged Premises shall have the same consequences as an event of default respecting the indebtedness secured hereby, and upon such transfer. Mortgagee, without prior notice or the elapse of any period ofgrace or the right to cure, shall have the right to declare all sums secured hereby immediately due and payable, and, upon failure by Mortgagor to make such payment within ten (10) days of written demand therefore. Mortgagee shall have the right to exercise all remedies provided in the Note, this Mortgage, or otherwise at law. MODIFICATION. This note may be modified only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. CONSTRUCTION. The words "Borrower, " Maker, " "Signer, " "I, " and "Holder" as used herein include singular or plural, individual or corporation, and the respective heirs, executors, administrators, successors, and assigns of Borrower and Holder, as the case may be. The use of any gender applies to all genders. If more that one party is named as Borrower, the obligation hereunder of each such party is joint and several. WAIVER OF JURY TRIAL. The undersigned hereby knowingly, voluntarily and intentionally waives any right which the undersigned may have to a trial by juiy in respect to any litigation based hereon or arising out of, under or in connection with this note and any documents contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statement (whether verbal or written) or actions of either the undersigned or the holder hereof. This provision is a material inducement for the holder hereof to make a loan to the undersigned in the principal amount hereinbefore provided above. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. JIRAH INVESTMENT, INC. , A FLORIDA CORPORATION G /Z-------< (Seal) CAROL E. GARCIA, PRESIDENT ----- ###### In consideration of the loan and extension of credit by the Lender of the within Note to the maker thereof, the undersigned (jointly and severally) upon maker’s request, hereby unconditionally guarantee(s) to the Lender and to the successors and assigns of the Lender (Note Holder), irrespective of the genuineness, validity, regularity or enforcement thereof, that all obligations set forth in the within Note due from the maker to the Lender (Note Holder) shall be paid when due by acceleration or otherwise, in accordance with the provision thereof; and hereby consent(s) without notice to the undersigned, to any and all extensions of time or terms of payment or modification of any of the terms thereof, and agree(s) to indemnify and hold the Lender (Note Holder) thereof harmless against all losses, costs, damages, liabilities, and expenses incurred or paid by the Lender (Note Holder) as a result of or in any way arising out of the obligations set forth in the within Note. Theof the undersigned hereto (is) (are) intended as an endorsement of the within Note as well as the execution of a guaranty by the undersigned, who hereby waive(s) presentment, demand for payment by the Lender (Note Holder) or anyone else, protest or other notice of any kind and any and all demands whatsoever. The undersigned, (jointly and severally) waive trial by jury in any action arising on and out of or by reason hereof, and expressly waive the right to interpose any defense based on any statute of limitations or any claim of laches or any set-off, counterclaim, or cross-claim of any nature or description. The provisions hereof may not be changed orally, but only by a writi signed by the Lepjler or Note Holder. (Seal) CAROL E. GARCIA, ’ INDIVIDUALLY ----- **B. ** **Type** **of** **Loan** **■** **1. CFHA** **2. 0** **RHS** **3. (3** **Conv. ** **Unins. ** **6. ** **File** **Number** **7. ** **Loan** **Number** **8. ** **Mortgage** **Insurance** **Case** **Number** **07-0318** **J2504** **4. 0** **VA** **5. ** **Conv. ** **Ins. ** **C. ** **Note:** **This** **form** **is** **furnished** **to** **give** **you** **a** **statement** **of** **actual** **settlement** **costs. ** **Amounts** **paid** **to** **and** **by** **the** **settlement** **agent** **are** **shown. ** **Items** **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** **Jirah** **Investment. ** **Inc. ** **Land** **Acquisition** **Group** **Robert** **Neuvelt** **2912** **Tarpon** **Drive** **2580** **S** **122** **Ct** **6004** **Valerian** **Lane** **Miramar, ** **FL** **33023** **Miami. ** **FL** **33175** **RockviHe. ** **MD** **20852** **6. ** **Property** **Location** **H. ** **Settlement** **Agent** **11600** **SW** **216** **St** **1** **Florida** **International** **Title** **&** **Escrow** **Homestead, ** **FL** **33175** **Place** **of** **Settlement** **1. ** **Settlement** **** **1877** **South** **Federal** **Highway** **01/04/08** **Suite** **108** **Boca** **Raton, ** **Florida** **33432** **J. ** **SUMMARY** **OF** **BORROWER’S** **TRANSACTION:** **K. ** **SUMMARY** **OF** **SELLER’S** **TRANSACTION:** **100. ** **GROSS** **AMOUNT** **DUE** **FROM** **BORROWER** **400. ** **GROSS** **AMOUNT** **DUE** **TO** **SELLER** **! ** **101. ** **Contract** **sales** **price** **40, 000. 00** **401. ** **Contract** **sales** **price** ***** **40, 000. 00** **102. ** **Personal** **property** **402. ** **Personal** **property** **|** **103. ** **Settlement** **charges** **to** **borrower** **(line** **1400)** **24, 012. 06** **403. ** **i** **'** **104. ** **404. ** **i** **105. ** **405. ** **I** **Adjustments** **for** **Items** **paid** **by** **seller** **In** **advance** **Adjustments** **for** **Items** **paid** **by** **seller** **in** **advance** **106. ** **City/town** **taxes** **to** **406. ** **City/town** **taxes** **to** **107. ** **County** **taxes** **to** **407. ** **County** **taxes** **to** **108. ** **Assessments** **to** **408. ** **Assessments** **to** **109. ** **Draw** **1** **26, 000. 00** **409. ** **110. ** **Draw** **2** **49, 000. 00** **410. ** **111. ** **Draw3** **38, 000. 00** **411. ** **__________________** **112. ** **Draw4** **21, 000. 00** **412. ** **1** **120. ** **GROSS** **AMOUNT** **DUE** **FROM** **BORROWER** **198, 012. 06** **420. ** **GROSS** **AMOUNT** **DUE** **TO** **SELLER** **j___** **40, 000, 00** **200. ** **AMOUNTS** **PAID** **BY** **OR** **IN** **BEHALF** **OF** **BORROWER** **500. ** **REDUCTIONS** **IN** **AMOUNT** **TO** **SELLER** **201. ** **Deposit** **or** **earnest** **money** **501. ** **Excess** **Deposit** **(see** **instructions)** **__________________ J** **202. ** **Principal** **amount** **of** **new** **loan(s)** **198, 000. 00** **502. ** **Settlement** **charges** **to** **seller** **(line** **1400)** **i** **2, 211. 861** **203. ** **Existing** **loan(s)** **taken** **subject** **to** **503. ** **Existing** **loan(s)** **taken** **subject** **to** **204. ** **504. ** **Payoff** **of** **first** **mortgage** **loan** **205. ** **505. ** **Payoff** **of** **second** **mortgage** **loan** **i** **206. ** **506. ** **207. ** **507. ** **208. ** **508. ** **209. ** **509. ** **Adjustments** **for** **Items** **unpaid** **by** **seller** **■** **Adjustments** **for** **items** **unpaid** **by** **seller** **2-10. ** **City/town** **taxes** **to** **510. ** **City/town** **taxes** **to** **211. ** **County** **taxes** **01/01** **to** **01/04** **12. 06** **511. ** **County** **taxes** **01/01** **to** **01/04** **12. 06 j1** **212. ** **Assessments** **to** **512. ** **Assessments** **to** **213. ** **513. ** **1** **214. ** **514. ** **215. ** **515. ** **216. ** **516. ** **217. ** **517. ** **218. ** **518. ** **Sil_______________________ ___________________** **519. ** **-I** **520. ** **TOTAL** **REDUCTION** **AMOUNT** **DUE** **SELLER** **I** **220. ** **TOTAL** **PAID** **BY** **_I_** **FOR** **BORROWER** **198. 01? ** **05** **2, 223. 97:** **300. ** **CASH** **AT** **SETTLEMENT** **FROM** **OR** **TO** **BORROWER** **600. ** **CASH** **AT** **SETTLEMENT** **TO** **OR** **FROM** **SELLER** **I** **301. ** **Gross** **amount** **due** **from** **borrower** **(line** **120)** **198, 012. 06** **501. ** **Gross** **amount** **due** **to** **seller** **(line** **420)** **40. 000. 00! ** **302. ** **Less** **amounts** **paid** **by/for** **borrower** **(line** **220)** **198, 012. 06** **502. ** **Less** **reduction** **amount** **due** **to** **seller** **(line** **520)** **2, 223. 92** **303. ** **CASH** **FROM** **BORROWER** **503. ** **CASH** **TO** **SELLER** **________ 37, 776. 08** ----- **701. ** **$** **to** **702. ** **$** **to** **703. ** **Commission** **paid** **at** **Settlement** **704. ** **800. ** **ITEMS** **PAYABLE** **IN** **CONNECTION** **WITH** **LOAN** **P. O. C. ** **801. ** **Loan** **Origination** **Fee** **%** **802. ** **Loan** **Discount** **%** **803. ** **Appraisal** **Fee** **to** **804. ** **Credit** **Report** **to** **805. ** **Lender's** **Inspection** **Fee** **to** **806. ** **Mtq. ** **Ins. ** **Application** **Fee** **to** **807. ** **Assumption** **Fee** **to** **808. ** **Mortgage** **Broker** **Fee** **Simplex** **Mortgage** **Brokers, ** **Inc. ** **5, 940. 00** **809. ** **Prepaid** **Interest** **Robert** **Neuvelt** **2, 310. 00** **810. ** **Document** **Preparation** **Fee** **Smith** **&** **Gromann, ** **P. A. ** **475. 00** **811. ** **Digital** **Imaging** **Fee** **Smith** **&** **Gromann, ** **PA** **25. 00** **812. ** **813. ** **814. ** **815. ** **900. ** **ITEMS** **REQUIRED** **BY** **LENDER** **TO** **BE** **PAID** **IN** **ADVANCE** **901. ** **Interest** **from** **to** **^day** **902. ** **Mortgage** **Insurance** **Premium** **to** **903. ** **Hazard** **Insurance** **Premium** **yrs. ** **to** **904. ** **905. ** **1000. ** **RESERVES** **DEPOSITED** **WITH** **LENDER** **FOR** **1001. ** **Hazard** **Insurance** **mo. ©$** **7mo. ** **1002. ** **Mortgage** **Insurance** **mo. ** **/rno. ** **1003. ** **City** **property** **taxes** **mo. ** **(5)$** **/mo. ** **1004. ** **County** **property** **taxes** **mo. ** **@$** **/mo. ** **1005. ** **Annual** **Assessments** **mo. @$** **/mo. ** **1006. ** **mo. ** **/mo. ** **1007. ** **mo. @$** **/mo. ** **1008. ** **Aggregate** **Reserve** **for** **Hazard/Flood** **Ins, ** **City/County** **Prop** **Taxes, ** **Mortgage** **Ins** **&** **Annual** **Assessments** **1100. ** **TITLE** **CHARGES** **1101. ** **Settlement** **or** **closing** **fee** **to** **Florida** **International** **Title** **&** **Escrow** **350. 00** **1102. ** **Abstract** **or** **title** **search** **to** **First** **American** **Title** **Insurance** **Co. ** **250. 00** **1103. ** **Title** **examination** **to** **1104. ** **Title** **insurance** **binder** **to** **1105. ** **Document** **preparation** **to** **1106. ** **Notary** **fees** **to** **1107. ** **Attorney's** **fees** **to** **(includes** **above** **item** **No:** **)** **1108. ** **Title** **insurance** **to** **Florida** **International** **Title** **4** **Escrow** **1. 390. 00** **(includes** **above** **item** **No:** **)** **1109. ** **Lender's** **coverage** **198, 000. 00** **-** **1, 160. 00** **ind** **860. 00** **Risk** **Prem** **1110. ** **Owner's** **coveraqe** **40, 000. 00** **-** **230. 00** **1111. ** **FF9** **Florida** **International** **Title** **&** **Escrow** **139. 00** **1112. ** **ALTA** **8. 1** **Florida** **International** **Title** **&** **Escrow** **25. 00** **1113. ** **1** **1200. ** **GOVERNMENT** **RECORDING** **AND** **TRANSFER** **CHARGES** **1201. ** **Recordinq** **fees** **DeedS** **27. 00** **; ** **Mortqaqe** **$** **171. 50** **; ** **Releases** **S** **198. 50** **1202. ** **City/county/stamps** **DeedS** **180. 00** **; ** **Mortqaqe** **$** **180. 00** **1203. ** **State** **tax/stamps** **DeedS** **240. 00** **; ** **Mortqaqe** **S** **693. 00** **693. 00** **240. 00** **1204. ** **Intangible** **Tax** **DeedS** **; ** **Mortgage** **$** **396. 00** **396. 00** **1205. ** **1300. ** **ADDITIONAL** **SETTLEMENT** **CHARGES** **1301. ** **Survey** **to** **1302. ** **Pest** **inspection** **to** **1303. ** **Document** **Scanning** **A** **Storage** **Pagestream** **45. 00** **1304. ** **Lien** **Search** **Florida** **Property** **Search, ** **Inc. ** **100. 00** **1305. ** **Assignment** **Fee** **Roger** **Garda** **2, 000. 00** **1** **1306. ** **2007** **R. E. ** **Taxes** **Miami** **Dade** **Tax** **Collector** **1, 441. 86** **1307. ** **Draw** **5** **10, 025. 56** **1308. ** **1400. ** **TOTAL** **SETTLEMENT** **CHARGES** **(enter** **on** **lines** **103** **and** **502, ** **SectionsK). ** **24, 012. 06** **2, 211. 86|** **hav*** **carahAy** **ravie*ed** **tha** **HUD-1** **Satltament** **Siatemanl** **and** **to** **the** **_best_** **of** **my** **knnvfadpe and** **baf** **•fl** **receipts** **«na** **dulxr»ement»** **mad*** **on my aceant** **or** **by** **me** **in** **this** **_tansadicn. _** **I further** **certify** **(hrf** **I** **have** **received** **a** **copy** **of** **the** **HUD-1** **Settlement** **Statement** **/** **•d** **is** **• true and** **accurate** **accouil** **of** **bis** **funds** **to** **be** **disbursed** **in** **accordance** **with** **this** **statement. ** ----- ###### Smith & Gromann, P. A. **An** **Interstate** **Partnership** **of** **Professional** **Associations** **Reply** **to:** **X** **Main** **Offlee/Corn. ** **Bird. ** **Federal** **Consumer, ** **Bankihg** **and** **Creditor** **law** **_Town** **Cehter'Rd. /Boca** **Boca** **Financial** **&** **Technology** **Center** ###### _New Jersey 2201 NW Corporate Blvd. , Suite 200 _ Newarlc/NewJersey SMITH & GROMANlsI, P. A. Boca Raton, Florida'33431 TOWN CliNTEROFHCE/BOGA ###### Tel: (561)372-2700 5295 Town Ccnlcr Road, 4* Hbbr Fax: (561) 997-2879 Boca Raton, ftioriila-3348<S **JOHN** **W. ** **SMITH+** **GLENN** **E. ** **OROMANN’** **SMITH** **&** **GROMANN, ** **P. A. ** **+** **Admiltcd** **m** **FL** **snd** **MI** **Only** **NEW** **JERSEY** **OFFICE** **Florida'Managing** **Penner** **60** **Pompton** **Avenue** ###### ’Adnlillcd to NY. Nj. TX, MO. Ml. DC & III Only Verona, New Jersey 07044 **NewJcrscy** **Managing** **Partner, ** **OfCounsel** **LL. M, ** **Real** **Property** **Development** **SMITH** **&** **GROMANN, ** **P. A. ** **_U. S, _** **_SUPREME_** **COURT** **NEWARK, ** **NEW** **JERSEY** **OFFICE** **U. S. ** **_COURT’OF_** **INTERNATIONAL** **TIIADI-** **100** **Verona** **Avenue** **U** **S:** **_COtlRT_** **OF** **CLAIMS** **Newark:** **New** **Jersey** **07104** **U. S'. ** **TA^it** **COURT** **U. S; .FEDERAL** **CIRCUIT** **COURT** **D. C. ** **CIRCUIT** **COURT** **OF** **APPEALS** **U. S, ** **IT. «** **_CIRCUIT_** **COURT** **_di'_** **_APPEALS_** **JANUARY** **4, 2008** ###### PAT HARDCASTLE FLORIDA INTERNATIONAL TITLE & ESCROW 561-392-0173 ###### flintcrtitle@bellsoulh. net icss@floridainternationaltitle. com Borrower: JIRAH INVESTMENT, INC. Stateofinc: A FLORIDA CORPORATION Signer: CAROL E. GARCIA Corp, office: PRESIDENT Corp; address: - 2912 TARPON DRIVE, MIRAMAR, FL 33023 Property address: 11600 SW 2I6TH STREET, HOMESTEAD, FL 33175 Loan amourit: 198, 000. 00 Intercst rate: 15 Firstpayment: MARCH 1, 2008 Last paymehtdalc: FEBRUARY 1, 2009 Paymentamount: 2, 475. 00 Lender: ROBERT NEUVELT Lender address: 6004 VALERIAN LANE, ROCKVILLE; MD 20852 Ctosing-: JANUARY 4, 2008 Pilenumber: J2504 Enclosed are the following mortgage documents for (he above closing: Note Mortgage ----- NonrApplicability orTnjth in Lending Payment letter Substitute W-9 Ami coercion affidavit 7; Borrowers. offidavit 8: Gapaffidavit Compliance agreement - Conditional assignment of rents Attorney fee disclosure Privacypcilicy-ndtice Noorniiliiary'affidavit Disburscmcnt authorization Corporate resolution 16; Glosingagent certification Lender fees for. closing are as follows: Mortgage broker fee to SIMPLEX MORTGAGE BROKERS, INC. , in the amount of $5, 940. 00. Prepaid interest to ROBERT NEUVELT, in the amount of$2, 310. 00. Document preparation fee to SMITH & GROMANN, P. A. , in the amount of$475. 00. Digital imaging fee to SMITH & GROMANN, P. A. , in the amount of $25. 00. Priortoclosing this loan, you must conduct a full name search on the borrower. The lender will not acceptjunior liens of any type, including but not limited to slate or federal judgments, state or federal lax liens, or codc enforcement liens. ###### Prior to closlng tbis loan, you must obtain for each governing authority a signed esloppcl letter showing Ibat there arc no open or pending code violations, citations, or case numbers pending against subject property. The lender ###### will not accepLany open or pending code violations. They must be released prior to closing. Short. form Mortgage Policies are not acceptable. Long form policies must be issued with exceptions listed in Schedule B. Endorsements 4. 1, 5. 1, 8. 1, and Florida form 9 arc required if applicable. You may delete Items I. (b)(1), l. (b)(3. ). l. (bX4), Item 3:(a), ’ltem 4. , aitd Item 5. , from the Florida form 9 if no survey is provided. The-Lender does not require s survey-for this loan, . If you cannot issue a Florida form 9 without a survey the Lender will waive the Florida form 9. Please advise me as soon as possible if that is (he case. Do not order a survey for this. Icnderl / Prior 10 closing this loan, you must fax Robert “Bob" SniaH (954-565-2867), and myself (direct _efax_ 561 r892^0743), both a copy of(l). your marked up iitie commitment, (2) a copy of the licit and code violation estoppel letters-from each governing authority, (3) the closing protection letter from your underwriter for this lender, and (4) your closing statement. Borrower is-required to bring _proof_ _of_ insurance to closing. Do not close this transaction unless borrower brings a Certificate of Insurance. with lender named as Mortgagee, and coverage of at least the loan amount Proof of payment of the first years premium is required. Please. atlach the legal description to the Mortgage, Borrowers Affidavit, and Conditional Assignment of Rents. You may copy, type _or_ _tape_ your legal description on the enclosed Exhibit “A", or you may use your own attachment. When you record the. Mortgage please attach a copy of the executed note. The Note and Mortgage combined nrc twelve (12) pages. The Assignment of Rents should not be recorded. At closing you will need to have the borrower complete paragraph 4. 22 ###### of the Mortgage designating an agent for service of process. Mr. Robert “Bob" Small (954-415-0106) of SIMPLEX MORTGAGE BROKERS, INC. , will attend closing. Please give the following:items to Mr. Small at closing for delivery to the lender and myself: The original lenders package, prepaid interest check, marked up title commitment, closing protection letter from your underwriter, and:receipi that you have received the original documents for closing; A copy package for myself, along with the document preparation check; A. copy package for the Simplex Mortgage Brokers, inc. , and the mortgage broker check. ----- **Jfyou'cannot** **comply** **with** **the** **above** **copy** **package** **requirements, ** **please** **notify** **Mr. ** **Small** **nnd** **myself** **prior** **to** **closing. ** **The-original** **recorded** **mortgage** **and** **the** **mortgage** **title** **policy** **should** **be** **mailed** **directly** **to** **the** **Lender** **at** **the** **address-shown** **ondheMortgage. ** ###### Ifyou have, any questions, pleasecontact me at: direct line 561-372-2700; cell phone 561-289-2985; efax>-561 -892-0743; - cmail ismith@smilhiironianii:com: or alternate entail isinith25l4(qlaol. cflm. SPECIAL CLOSING INSTRUCTIONS: **1. The** **Borrower** **is** **to** **receive** **zero** **cash** **at** **closing. ** **The** **excess** **loan** **proceeds** **arc** **to** **be** **cut** **In** **live** **construction** **draw** **checks** **payable** **to. the** **Borrower** **and** **delivered** **to** **Mr. ** **Small** **at** **closing. ** **He** **will** **disburse. ** **Five** **construction** **ups** **will** **be** **required. ** **The** **checks** **arc** **to** **be** **in** **the** **following** **amounts:** **526, 000. 00; ** **$49, 000. 00; ** **$38, 000. 00; ** **$21, 000. 00; ** **and. the. lMlaticc** **to** **equal** **zero** **cash** **to** **close. ** **2. ** **The** **attached** **three** **page** **Notice** **of** **Commencement** **is** **to** **be** **recorded** **aftcr-the** **Mortgage** **and** **a** **certified** **copy** **_furnished_** **_to_** **the** **contractor** **for** **posting** **at** **the** **property. ** **3. ** **Cdde'violations** **must** **be** **complied** **and** **all** **liens** **paid** **at** **dosing. ** ###### SMITH & GROMANN, P. A. **JOHN** **W. ** **SMITH** -----

[Assistant] IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUITIN AND FOR PALM BEACH COUNTY, FLORIDA ROBERT NEUVELT, Plaintiff, vs. FLORIDA INTERNATIONAL TITLE AND ESCROW COMPANY, a Florida Corporation, ROBERT SMALL, JOHN WALTER SMITH, and SMITH & GROMANN, an Interstate Partnership of Professional Associations, d/b/a SMITH & GROMANN, P. A. , `■o` Defendants. _3_ ______________________________ **REQUEST** **FOR** **PRODUCTION** **OF** **DEFENDANT** **SMITH** **&** **GROMANN** Defendant Smith & Gromann by and through undersigned counsel and pursuant to the Florida Rules of Civil Procedure request that the plaintiff produce the following at the offices of the undersigned within 30 days; Your complete file with regard to the subject transaction. This shall include any and all correspondence, notes, memoranda, loan documents, drafts of loan documents, notes and mortgage and any and all other documents maintained by your or your attorneys or agent with regard to the subject transaction. Any and all documents produced by other parties in discovery in this litigation including but not limited to the files of Robert Small and/or Florida International Title and Escrow Company. ----- Copies of any and all depositions previously taken in this matter. Copies of any and all communications and/or correspondence between you or anyone acting on your behalf and Florida International Title and Escrow Company, Robert Small, Jirah Investments, Inc. , Carol E. Garcia or Smith & Gromann. Copies of any and all notes and mortgages for any loans made by you or on your behalf in the five years preceding the loan that is the subject matter of this action. Any and all correspondence between you and/or anyone acting on your behalf and any mortgage broker for the purposes of soliciting mortgage business in the five years preceding the transaction which gives rise to this lawsuit. Any and all documents supporting your claim for damages in this case. CERTIFICATE OF SERVICE I HEREBYCERTIFY/that a true and correct copy of the above and foregoing was sent by U. S. Mail on | 2^4 _L_ _f_, to: Steven M. Weiss, Esq. , Law Offices of Steven M. Weiss, -TTa” 11380 Prosperity Farms Road, Suite 118, Palm Beach Gardens, FL 33410; Andrew E. Pastor, Esq. , Andrew E. Pastor, P. A. , 11380 Prosperity Farms Road, Suite 118, Palm Beach Gardens, FL 33410 and Barry N. Klein, Esq. , Attorney for Small, 600 Biscayne Drive, West Palm Beach, FL 33401. LAW OFFICE OF HUGH BEHAN Attorneys for Defendants JOHN WALTER SMITH and SMITH & GROMANN, P. A. Presidential Circle, Suite 705-South 4000 Hollywood Boulevard Hollywood, FL 33021 PH: (954) 989-8775/FAX: (954^67-6536 BY:? ---------------------------------------- MARK C. BURTON Fla. Bar No. : 650145 -----