2023A-04331-CHC-ROC Notice of Hearing and Packet MAILED

2023A-04331-CHC-ROC · Registrar of Contractors · 2024-02-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Byron Keith Thomas , Case No. 2023-04331 COMPLAINANT, Docket No. 2023A-04331-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service License No. ROC 175926,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

March 20, 2024 1:00 PM Jenna Clark Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on December 6, 2023.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The

written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated February 1, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail February 1, 2024 to: Respondent(s) Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service 930 E Florence Blvd Ste 1-A Casa Grande, AZ 85122

Complainant(s) Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-04331 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

May 1, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-04331

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for May 23, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, Jason Simpson Jason Simpson, Investigator 602 7716753 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

May 18, 2023

Re: Complaint Number 2023-04331

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for May 23, 2023 at 9:00 am has been rescheduled for June 13, 2023 at 11:00 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Jason Simpson Jason Simpson, Investigator 602 7716753 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Katie Hobbs, Governor Martín Quezada, Director

May 30, 2023

Re: Complaint Number 2023-04331

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for June 13, 2023 at 11:00 am has been rescheduled for July 19, 2023 at 1:30 PM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Jason Simpson Jason Simpson, Investigator 602 7716753 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-004331 Investigator: Jason Simpson Inspection Date: 7/19/2023 Inspection Time: 1:30pm Address: 10011 W Ironwood Dr. Casa Grande, AZ 85194

Complainant: Byron Thompson Respondent: Absolute Remodeling and Construction Inc Present for the complainant: Byron Thompson Present for the respondent: Joni Martinez Overview of project: Stucco issues around home.

General Notes: This is the second complaint filed by Complainant. The first was 2022-04382 corrected after CJSI.

Photos taken with agency issued Canon PowerShot ELPH180 and/or agency issued Google cell phone. Audio recorded with agency issued Olympus recorder and/or agency issued Google cell phone.

Complaint Item 1: “Stucco code violation repairs unsatisfactory.” Investigator’s Observation: This allegation is NOT verified. Relating to this complaint item: There is not sufficient evidence to find that the Respondent Failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

RCC100 11/14

Picture 1 Jobsite Inspection Photos Case: 2023-04331 Date: 7/19/2023 Address: 10011 W Ironwood Dr. Casa Grande, AZ 85194 Picture 2 Jobsite Inspection Photos Case: 2023-04331 Date: 7/19/2023 Address: 10011 W Ironwood Dr. Casa Grande, AZ 85194 Picture 3 Jobsite Inspection Photos Case: 2023-04331 Date: 7/19/2023 Address: 10011 W Ironwood Dr. Casa Grande, AZ 85194 Complainant: Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 September 6, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-04331

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for September 12, 2023 at 11:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Joseph Shikany #155 Joseph Shikany #155, Assistant Chief of Investigations 602 7716892 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Choose an item. Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Absolute Remodeling and Construction Inc Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Jobsite Inspection Notes

Case No.: 2023-04331 Investigator: Wes Ellington #212 Inspection Date: September 12, 2023 Inspection Time: 11:00 AM

Complainant: Byron Keith Respondent: Absolute Thomas Remodeling and Construction Inc Not Present: Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-620. JSI photos and audio have been placed into the ROC complaint file.

A review of the previous inspection revealed that issues exist not within minimum workmanship standards. Additionally, damage occurred to the stained concrete as a result of the stucco repairs. A new written directive will be issued for these items.

Complaint Item: Stucco code violation repairs unsatisfactory. Investigator’s Observation: Verified. As a consequence of an earlier repair of the weep screed and stucco being out of code (less than 2” from the patio), it was discovered that the repair left stucco debris on the patio surface as well as exposing the previously covered area of the patio which is not stained. The staining was previously completed by the Respondent due to an issue with insulation that left the concrete patio unsightly. Additionally, during the repairs to the stucco, a worker taped plastic down to protect the patio which left permanent marks when the tape was removed in multiple areas. This was verified by the Respondent who stated the subcontractor admitted the marks were from the workers’ tape. The complainant also pointed out one area on the back patio columns where the stucco is extremely thin and wire is protruding through the stucco. Additionally, on another column, there is a weep screed corner with a sharp edge protruding. The Complainant also pointed out an area at the southeast corner of the patio, however, this corner meets minimum industry standards and requires no correction. The Respondent will need to correct these issues and any additional similar issues by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complainant: Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 15, 2023

License No. ROC 175926

Re:Complaint No. 2023-04331

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on October 6, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 thin and wire is protruding through the stucco. Additionally, on another column, there is a weep screed corner with a sharp edge protruding. The Complainant also pointed out an area at the southeast corner of the patio, however, this corner meets minimum industry standards and requires no correction. The Respondent will need to correct these issues and any additional similar issues by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent: N/A

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Wes Ellington Wes Ellington, Assistant Chief of Investigations 602 7716755 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 9/15/23, 3:48 PM State of Arizona Mail - Complaints 2022-04382 and 2023-04331

Jason Simpson <[email redacted]>

Complaints 2022-04382 and 2023-04331 message

Wes Ellington <[email redacted]> Fri, Sep 15, 2023 at 2:06 PM To: Jason Simpson <[email redacted]> Cc: Joe Shikany <[email redacted]>

Hi Jason. As you know, Joe had reopened 2023-04331. I had to reopen 2022-04382 as well to address the driveway concrete that was not in the newer complaint. I have prepared and uploaded the JSI audio, photo report, JSI notes, and new directives for both complaints. Please issue the directives to both parties as soon as possible. I set the expiration for 10/6, so please follow up. If you need additional help with anything let me know. Thanks.

Wes Ellington #212 Assistant Chief of Investigations AZ Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007 Office: (602) 771-6755

Hours: Mon.- Fri. 8AM-5PM

The ROC is now on social media! Make sure to follow us on:

https://mail.google.com/mail/u/0/?ik=e5380e38a6&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 Complainant: Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 October 06, 2023

License No. ROC 175926

Re: Complaint No. 2023-04331

WRITTEN DIRECTIVE FROM THE REGISTRAR Extension notice

Dear Respondent:

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent: N/A

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Wes Ellington Wes Ellington, Assistant Chief of Investigations 602 7716755 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #2023-004331 P 1 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 2 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 3 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 4 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 5 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 6 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 7 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 8 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 9 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 10 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 11 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 12 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 13 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 14 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 15 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 16 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 17 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-004331 P 18 JSI date 9/12/2023 at 11:00 AM JSI PHOTOS Complaint #2023-04331 P 1 CJSI date 11/30/2023 at 11:30 AM CJSI PHOTOS Complaint #2023-04331 P 2 CJSI date 11/30/2023 at 11:30 AM CJSI PHOTOS Complaint #2023-04331 P 3 CJSI date 11/30/2023 at 11:30 AM CJSI PHOTOS Complaint #2023-04331 P 4 CJSI date 11/30/2023 at 11:30 AM CJSI PHOTOS Complaint #2023-04331 P 5 CJSI date 11/30/2023 at 11:30 AM CJSI PHOTOS Complaint #2023-04331 P 6 CJSI date 11/30/2023 at 11:30 AM CJSI PHOTOS Complaint #2023-04331 P 7 CJSI date 11/30/2023 at 11:30 AM CJSI PHOTOS Complaint #2023-04331 P 8 CJSI date 11/30/2023 at 11:30 AM CJSI PHOTOS Complaint #2023-04331 P 9 CJSI date 11/30/2023 at 11:30 AM CJSI PHOTOS Complainant: Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-04331 Investigator: Wes Ellington Inspection Date: November 30, 2023 Inspection Time: 1:30 PM

Compliance Jobsite General Notes: CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Olympus Digital Voice Recorder model DM-620. CJSI photos and audio have been placed into the ROC complaint file.

The Respondent was not present at this inspection.

Compliance Findings:

Complaint Item: Stucco code violation repairs unsatisfactory. Investigator’s Observation: Verified. As a consequence of an earlier repair of the weep screed and stucco being out of code (less than 2” from the patio), it was discovered that the repair left stucco debris on the patio surface as well as exposing the previously covered area of the patio which is not stained. The staining was previously completed by the Respondent due to an issue with insulation that left the concrete patio unsightly. Additionally, during the repairs to the stucco, a worker taped plastic down to protect the patio which left permanent marks when the tape was removed in multiple areas. This was verified by the Respondent who stated the subcontractor admitted the marks were from the workers’ tape. The complainant also pointed out one area on the back patio columns where the stucco is extremely thin and wire is protruding through the stucco. Additionally, on another column, there is a weep screed corner with a sharp edge protruding. The Complainant also pointed out an area at the southeast corner of the patio, however, this corner meets minimum industry standards and requires no correction. The Respondent will need to correct these issues and any additional similar issues by the appropriate means. Compliance Findings: Stucco repairs were completed on the back patio; however, the repair has not been painted. Painting is considered part of any repair that was previously finished. The concrete stain issue was corrected on the front patio only. The directive was not specific to the front, and the same issue was observed on the back patio. These two issues make the corrective work incomplete.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Wes Ellington Wes Ellington, Assistant Chief of Investigations 602 7716755 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Byron Keith Thomas, Case No. 2023-04331 COMPLAINANT, v. Absolute Remodeling and Construction Inc. CITATION DBA: Platinum Garage Door Sales & Service, License No. ROC 175926,

RESPONDENT.

The Registrar issues this Citation to Absolute Remodeling and Construction Inc. (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 21, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On April 11, 2023, Byron Keith Thomas (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 contractor shall perform all work in a professional and workmanlike manner. Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-04331. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than December 21, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated December 6, 2023. By: /s/ Mary Coyne Mary Coyne, CP Paralegal Manager Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 6, 2023 to:

Certified Mail No: [number redacted]

Respondent Absolute Remodeling and Construction Inc. DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

Copy mailed by USPS First Class mail this same date to:

Respondent Absolute Remodeling and Construction Inc. DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122

Complainant Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-04331 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 4/11/2023 2023-04331 Received by Investigations 4/11/2023 2023-04331 Received by Investigations 4/11/2023 2023-04331 Received by Investigations 01231345ÿ3723ÿ89 ÿÿ ÿ9 ÿÿ 7ÿ ÿ ÿ ÿ ÿÿÿÿ 04/12/2023 2023-04331

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711 !""!# 1 11$1%&'$ ()(3*+,-', #' , ' 72)*4$4.*/.424.3)3+,' "72)*4$4.*/.424.3)3+ 212 dotloop signature verification: dtlp.us/N0Cl-w3Dh-YEW0 Received by Investigations Authentisign ID: 13CDBFA0-EBDB-454C-9CC0-83A98174DA38 04/12/2023 BUYER ATTACHMENT Document updated: 2023-04331 February 2020

This attachment should be given to the Buyer prior to the submission of any offer and is not part of the Residential Resale Real Estate Purchase Contract’s terms.

ATTENTION BUYER! You are entering into a legally binding agreement. 1. Read the entire contract before you sign it.

2. Review the Residential Seller’s Property Disclosure Statement (See Section 4a). • This information comes directly from the Seller. • Investigate any blank spaces, unclear answers or any other information that is important to you.

3. Review the Inspection Paragraph (see Section 6a). If important to you, hire a qualiﬁed: • General home inspector • Heating/cooling inspector • Mold inspector • Pest inspector • Pool inspector • Roof inspector

Verify square footage (see Section 6b) Verify the property is on sewer or septic (see Section 6f)

4. Conﬁrm your ability to obtain insurance and insurability of the property during the inspection period with your insurance agent (see Sections 6a and 6e).

5. Apply for your home loan now, if you have not done so already, and provide your lender with all requested information (see Section 2f). It is your responsibility to make sure that you and your lender follow the timeline requirements in Section 2, and that you and your lender deliver the necessary funds to escrow in sufﬁcient time to allow escrow to close on the agreed upon date. Otherwise, the Seller may cancel the contract and you may be liable for damages.

6. Read the title commitment within ﬁve (5) days of receipt (see Section 3c).

7. Read the CC&R’s and all other governing documents within ﬁve (5) days of receipt (see Section 3c), especially if the home is in a homeowner’s association.

8. Conduct a thorough pre-closing walkthrough (see Section 6l). If the property is unacceptable, speak up. After the closing may be too late.

You can obtain information through the Buyer’s Advisory at www.aaronline.com/manage-risk/buyer-advisory-3/. Remember, you are urged to consult with an attorney, inspectors, and experts of your choice in any area of interest or concern in the transaction. Be cautious about verbal representations, advertising claims, and information contained in a listing.Verify anything important to you.

WARNING: *WIRE TRANSFER FRAUD* Beware of wiring instructions sent via email. Cyber criminals may hack email accounts and send emails with fake wiring instructions. #NYC[UKPFGRGPFGPVN[EQPſTOYKTKPIKPUVTWEVKQPURTKQTVQYKTKPICP[OQPG[ Do not email or transmit documents that show bank account numbers or personal identiﬁcation information. Buyer’s Check List Buyer Attachment • Updated: February 2020 Copyright © 2020 Arizona Association of REALTORS®. All rights reserved. Garrett Lines Keller Williams - East Valley 2077 East Warner Road #110 Tempe, AZ 85284 dotloop signature verification: dtlp.us/N0Cl-w3Dh-YEW0 Received by Investigations Authentisign ID: 13CDBFA0-EBDB-454C-9CC0-83A98174DA38 04/12/2023

RESIDENTIAL RESALE REAL ESTATE 2023-04331

PURCHASE CONTRACT Document updated: February 2020

1. PROPERTY 1a. 1. BUYER:Byron Keith Thomas and Terry Thomas BUYER’S NAME(S)

2. SELLER: Absolute Remodeling & Construction Inc. or as identiﬁed in section 9c. SELLER’S NAME(S)

3. Buyer agrees to buy and Seller agrees to sell the real property with all improvements, ﬁxtures, and appurtenances thereon 4. or incidental thereto, plus the personal property described herein (collectively the “Premises”). 1b. 5. Premises Address: 10011 West Ironwood Drive Assessor’s #: 509-60-181 6. City: Casa Grande County: Pinal AZ, Zip Code: 85194 7. Legal Description: LOT 81 CHAPARRAL ESTATES UNIT 2 CAB G SLD 72 8. 9. 1c. 10. $ 395900 Full Purchase Price, paid as outlined below 11. $ 20000 Earnest Money Paid directly to Seller 12. $ 30000 Additional down payment due at Close of Escrow

13. $ 345900 New VA Loan as described in attache Pre Qual Form

14. 15. 16. 17. Earnest Money is in the form of: Personal Check Wire Transfer Other Buyer to coordinate with Title Co. & Seller 18. Upon acceptance of this offer, the Earnest Money, if any, will be deposited with: Escrow Company Broker’s Trust Account. 19. IF THIS IS AN ALL CASH SALE: A Letter of Credit or a source of funds from a ﬁnancial institution documenting the availability of 20. funds to close escrow is attached hereto.

1d. 21. Close of Escrow: Close of Escrow (“COE”) shall occur when the deed is recorded at the appropriate county recorder’s ofﬁce. 22. Buyer and Seller shall comply with all terms and conditions of this Contract, execute and deliver to Escrow Company all closing 23. documents, and perform all other acts necessary in sufﬁcient time to allow COE to occur on 24. 04/22/2021 *See page 8 , 20 (“COE Date”). If Escrow Company or recorder’s ofﬁce is closed on the COE Date, MONTH DAY YEAR

25. COE shall occur on the next day that both are open for business.

26. Buyer shall deliver to Escrow Company a cashier’s check, wired funds or other immediately available funds to pay any down 27. payment, additional deposits or Buyer’s closing costs, and instruct the lender, if applicable, to deliver immediately available funds to 28. Escrow Company, in a sufﬁcient amount and in sufﬁcient time to allow COE to occur on the COE Date.

29. Buyer acknowledges that failure to pay the required closing funds by the scheduled COE, if not cured after a cure notice is delivered 30. pursuant to Section 7a, shall be construed as a material breach of this Contract and the Earnest Money shall be subject to forfeiture.

31. All funds are to be in U.S. currency. 1e. 32. Possession: Seller shall deliver possession, occupancy, existing keys and/or means to operate all locks, mailbox, security 33. system/alarms, and all common area facilities to Buyer at COE or . 34. Broker(s) recommend that the parties seek independent counsel from insurance, legal, tax, and accounting professionals regarding 35. the risks of pre-possession or post-possession of the Premises. 1f. 36. Addenda Incorporated: Additional Clause Buyer Contingency Domestic Water Well H.O.A. 37. Lead-Based Paint Disclosure Loan Assumption On-site Wastewater Treatment Facility Seller Financing Short Sale 38. Solar Lease / Solar Loan Assumption Addendum Other: >> Residential Resale Real Estate Purchase Contract • Updated: February 2020 Copyright © 2020 Arizona Association of REALTORS®. All rights reserved. BKT 07/22/20 TT 07/22/20 Page 1 of 10 7:10 PM PDT 7:48 PM PDT dotloop verified dotloop verified

Garrett Lines Keller Williams - East Valley 2077 East Warner Road #110 Tempe, AZ 85284 dotloop signature verification: dtlp.us/N0Cl-w3Dh-YEW0 Received by Investigations Authentisign ID: 13CDBFA0-EBDB-454C-9CC0-83A98174DA38 04/12/2023

2023-04331 Residential Resale Real Estate Purchase Contract >>

1g. 39. Fixtures and Personal Property: For purposes of this Contract, ﬁxtures shall mean property attached/afﬁxed to the Premises. 40. Seller agrees that all existing: ﬁxtures on the Premises, personal property speciﬁed herein, and means to operate ﬁxtures and 41. property (i.e., remote controls) shall convey in this sale. Including the following: 42. • built-in appliances, ceiling fans and remotes • media antennas/satellite dishes (afﬁxed) • storage sheds 43. • central vacuum, hose, and attachments • outdoor fountains and lighting • storm windows and doors 44. • draperies and other window coverings • outdoor landscaping (i.e., shrubbery, • stoves: gas-log, pellet, wood-burning 45. • ﬁreplace equipment (afﬁxed) trees and unpotted plants) • timers (afﬁxed) 46. • ﬂoor coverings (afﬁxed) • shutters and awnings • towel, curtain and drapery rods 47. • free-standing range/oven • smart home devices, access to which • wall mounted TV brackets and hardware 48. • garage door openers and remotes shall be transferred (i.e., video doorbell, (excluding TVs) 49. • light ﬁxtures automated thermostat) • water-misting systems 50. • mailbox • speakers (ﬂush-mounted) • window and door screens, sun shades

51. If owned by Seller, the following items also are included in this sale: 52. • afﬁxed alternate power systems serving • in-ground pool and spa/hot tub equipment • security and/or ﬁre systems and/or alarms 53. the Premises (i.e., solar) and covers (including any mechanical or • water puriﬁcation systems 54. other cleaning systems) • water softeners

55. Additional existing personal property included in this sale (if checked): 56. refrigerator (description): Per appliance package allowance. 57. washer (description): 58. dryer (description): 59. above-ground spa/hot tub including equipment, covers, and any mechanical or other cleaning systems (description): 60. 61. other personal property not otherwise addressed (description): 62. other personal property not otherwise addressed (description):

63. Additional existing personal property included shall not be considered part of the Premises and shall be transferred with no 64. monetary value, and free and clear of all liens or encumbrances.

65. Leased items shall NOT be included in this sale. Seller shall deliver notice of all leased items within three (3) days after Contract 66. acceptance. Buyer shall provide notice of any leased items disapproved within the Inspection Period or ﬁve (5) days after receipt of 67. the notice, whichever is later.

68. IF THIS IS AN ALL CASH SALE: Section 2 does not apply - go to Section 3.

2. FINANCING 2a. 69. Pre-Qualiﬁcation: An AAR Pre-Qualiﬁcation Form is attached hereto and incorporated herein by reference. 2b. 70. Loan Contingency: Buyer’s obligation to complete this sale is contingent upon Buyer obtaining loan approval without Prior to 71. Document (“PTD”) conditions no later than three (3) days prior to the COE Date for the loan described in the AAR Loan Status 72. Update (“LSU”) form or the AAR Pre-Qualiﬁcation Form, whichever is delivered later. No later than three (3) days prior to the 73. COE Date, Buyer shall either: (i) sign all loan documents; or (ii) deliver to Seller or Escrow Company notice of loan 74. approval without PTD conditions AND date(s) of receipt of Closing Disclosure(s) from Lender; or (iii) deliver to Seller or 75. Escrow Company notice of inability to obtain loan approval without PTD conditions. 2c. 76. Unfulﬁlled Loan Contingency: This Contract shall be cancelled and Buyer shall be entitled to a return of the Earnest Money if 77. after diligent and good faith effort, Buyer is unable to obtain loan approval without PTD conditions and delivers notice of inability 78. to obtain loan approval no later than three (3) days prior to the COE Date. If Buyer fails to deliver such notice, Seller may issue a 79. cure notice to Buyer as required by Section 7a and, in the event of Buyer’s breach, Seller shall be entitled to the Earnest Money 80. pursuant to Section 7b. If, prior to expiration of any Cure Period, Buyer delivers notice of inability to obtain loan approval, Buyer 81. shall be entitled to a return of the Earnest Money. Buyer acknowledges that prepaid items paid separately from the Earnest Money 82. are not refundable. 2d. 83. Interest Rate / Necessary Funds: Buyer agrees that (i) the inability to obtain loan approval due to the failure to lock the interest 84. rate and “points” by separate written agreement with the lender; or (ii) the failure to have the down payment or other funds 85. due from Buyer necessary to obtain the loan approval without conditions and close this transaction is not an unfulﬁlled loan 86. contingency. 2e. 87. Loan Status Update: Buyer shall deliver to Seller the LSU, with at a minimum lines 1-40 completed, describing the current status 88. of the Buyer’s proposed loan within ten (10) days after Contract acceptance and instruct lender to provide an updated LSU to 89. Broker(s) and Seller upon request.

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2f. 90. Loan Application: Unless previously completed, within three (3) days after Contract acceptance Buyer shall (i) provide lender 91. with Buyer’s name, income, social security number, Premises address, estimate of value of the Premises, and mortgage loan 92. amount sought; and (ii) grant lender permission to access Buyer’s Trimerged Residential Credit Report. 2g. 93. Loan Processing During Escrow: Within ten (10) days after receipt of the Loan Estimate Buyer shall (i) provide lender with 94. notice of intent to proceed with the loan transaction in a manner satisfactory to lender; and (ii) provide to lender all requested 95. signed disclosures and the documentation listed in the LSU at lines 32-35. Buyer agrees to diligently work to obtain the loan and 96. will promptly provide the lender with all additional documentation requested.

2h. 97. Type of Financing: Conventional FHA VA USDA Assumption Seller Carryback 98. (If ﬁnancing is to be other than new ﬁnancing, see attached addendum.)

2i. 99. Loan Costs: All costs of obtaining the loan shall be paid by Buyer, unless otherwise provided for herein.

2j. 100. Seller Concessions (if any): In addition to the other costs Seller has agreed to pay herein, Seller will credit Buyer % 101. of the Purchase Price OR $ (Seller Concessions). The Seller Concessions may be used for any Buyer fee, cost, 102. charge, or expenditure to the extent allowed by Buyer’s lender.

2k. 103. Changes: Buyer shall immediately notify Seller of any changes in the loan program, ﬁnancing terms, or lender described in the 104. Pre-Qualiﬁcation Form attached hereto or LSU provided within ten (10) days after Contract acceptance and shall only make any 105. such changes without the prior written consent of Seller if such changes do not adversely affect Buyer’s ability to obtain loan 106. approval without PTD conditions, increase Seller’s closing costs, or delay COE. 2l. 107. Appraisal Contingency: Buyer’s obligation to complete this sale is contingent upon an appraisal of the Premises acceptable to 108. lender for at least the purchase price. If the Premises fail to appraise for the purchase price in any appraisal required by lender, 109. Buyer has ﬁve (5) days after notice of the appraised value to cancel this Contract and receive a return of the Earnest Money or 110. the appraisal contingency shall be waived, unless otherwise prohibited by federal law.

2m. 111. Appraisal Cost(s): Initial appraisal fee shall be paid by Buyer Seller Other 112. at the time payment is required by lender and is non-refundable. If Seller is paying the initial appraisal fee, the fee will will not 113. be applied against Seller’s Concessions at COE, if applicable. If Buyer’s lender requires an updated appraisal prior to COE, it will be 114. performed at Buyer’s expense. Any appraiser/lender required inspection cost(s) shall be paid for by Buyer.

3. TITLE AND ESCROW 3a. 115. Escrow: This Contract shall be used as escrow instructions. The Escrow Company employed by the parties to carry out the 116. terms of this Contract shall be:

117. Security Title Agency ESCROW/TITLE COMPANY

118. 1175 E Cottonwood Lane, suite 3 Casa Grande AZ 85122 ADDRESS CITY STATE ZIP

119. [email redacted] (520) 494-8201 EMAIL PHONE FAX

3b. 120. Title and Vesting: Buyer will take title as determined before COE. If Buyer is married and intends to take title as his/her sole 121. and separate property, a disclaimer deed may be required. Taking title may have signiﬁcant legal, estate planning and tax 122. consequences. Buyer should obtain independent legal and tax advice. 3c. 123. Title Commitment and Title Insurance: Escrow Company is hereby instructed to obtain and deliver to Buyer and Seller directly, 124. addressed pursuant to 8s and 9c or as otherwise provided, a Commitment for Title Insurance together with complete and legible copies 125. of all documents that will remain as exceptions to Buyer’s policy of Title Insurance (“Title Commitment”), including but not limited to 126. Conditions, Covenants and Restrictions (“CC&Rs”); deed restrictions; and easements. Buyer shall have ﬁve (5) days after receipt of the 127. Title Commitment and after receipt of notice of any subsequent exceptions to provide notice to Seller of any items disapproved. Seller 128. shall convey title by warranty deed, subject to existing taxes, assessments, covenants, conditions, restrictions, rights of way, easements 129. and all other matters of record. Buyer shall be provided at Seller’s expense an American Land Title Association (“ALTA”) Homeowner’s 130. Title Insurance Policy or, if not available, a Standard Owner’s Title Insurance Policy, showing title vested in Buyer. Buyer may acquire 131. extended coverage at Buyer’s own additional expense. If applicable, Buyer shall pay the cost of obtaining the ALTA Lender Title 132. Insurance Policy.

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3d. 133. Additional Instructions: (i) Escrow Company shall promptly furnish notice of pending sale that contains the name and address of 134. Buyer to any homeowner’s association(s) in which the Premises are located. (ii) If Escrow Company is also acting as the title agency 135. but is not the title insurer issuing the title insurance policy, Escrow Company shall deliver to Buyer and Seller, upon deposit of funds, a 136. closing protection letter from the title insurer indemnifying Buyer and Seller for any losses due to fraudulent acts or breach of escrow 137. instructions by Escrow Company. (iii) All documents necessary to close this transaction shall be executed promptly by Seller and 138. Buyer in the standard form used by Escrow Company. Escrow Company shall modify such documents to the extent necessary to be 139. consistent with this Contract. (iv) Escrow Company fees, unless otherwise stated herein, shall be allocated equally between Seller and 140. Buyer. (v) Escrow Company shall send to all parties and Broker(s) copies of all notices and communications directed to Seller, Buyer 141. and Broker(s). (vi) Escrow Company shall provide Broker(s) access to escrowed materials and information regarding the escrow. (vii) 142. If an Afﬁdavit of Disclosure is provided, Escrow Company shall record the Afﬁdavit at COE. 3e. 143. Tax Prorations: Real property taxes payable by Seller shall be prorated to COE based upon the latest tax information available.

3f. 144. Release of Earnest Money: In the event of a dispute between Buyer and Seller regarding any Earnest Money deposited with 145. Escrow Company, Buyer and Seller authorize Escrow Company to release the Earnest Money pursuant to the terms and conditions 146. of this Contract in its sole and absolute discretion. Buyer and Seller agree to hold harmless and indemnify Escrow Company against 147. any claim, action or lawsuit of any kind, and from any loss, judgment, or expense, including costs and attorney fees, arising from or 148. relating in any way to the release of the Earnest Money. 3g. 149. Prorations of Assessments and Fees: All assessments and fees that are not a lien as of COE, including homeowner’s 150. association fees, rents, irrigation fees, and, if assumed, insurance premiums, interest on assessments, interest on encumbrances, 151. and service contracts, shall be prorated as of COE or Other: 3h. 152. Assessment Liens: The amount of any assessment lien or bond including those charged by a special taxing district, such as a 153. Community Facilities District, shall be prorated as of COE.

4. DISCLOSURE 4a. 154. Seller’s Property Disclosure Statement (“SPDS”): Seller shall deliver a completed AAR Residential SPDS form to Buyer 155. within three (3) days after Contract acceptance. Buyer shall provide notice of any SPDS items disapproved within the Inspection 156. Period or ﬁve (5) days after receipt of the SPDS, whichever is later. 4b. 157. Insurance Claims History: Seller shall deliver to Buyer a written ﬁve (5) year insurance claims history regarding the Premises (or a 158. claims history for the length of time Seller has owned the Premises if less than ﬁve (5) years) from Seller’s insurance company or an 159. insurance support organization or consumer reporting agency, or if unavailable from these sources, from Seller, within ﬁve (5) days 160. after Contract acceptance. Buyer shall provide notice of any items disapproved within the Inspection Period or ﬁve (5) days after 161. receipt of the claims history, whichever is later.

4c. 162. Foreign Sellers: The Foreign Investment in Real Property Tax Act (“FIRPTA”) is applicable if Seller is a non-resident alien 163. individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (“Foreign Person”). Seller agrees to complete, 164. sign, and deliver to Escrow Company a certiﬁcate indicating whether Seller is a Foreign Person. FIRPTA requires that a foreign 165. seller may have federal income taxes up to 15% of the purchase price withheld, unless an exception applies. Seller is responsible 166. for obtaining independent legal and tax advice. 4d. 167. Lead-Based Paint Disclosure: If the Premises were built prior to 1978, Seller shall: (i) notify Buyer of any known lead-based paint 168. (“LBP”) or LBP hazards in the Premises; (ii) provide Buyer with any LBP risk assessments or inspections of the Premises in Seller’s 169. possession; (iii) provide Buyer with the Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards, and any 170. report, records, pamphlets, and/or other materials referenced therein, including the pamphlet “Protect Your Family from Lead in Your 171. Home” (collectively “LBP Information”). Buyer shall return a signed copy of the Disclosure of Information on Lead-Based Paint and 172. Lead-Based Paint Hazards to Seller prior to COE. 173. LBP Information was provided prior to Contract acceptance and Buyer acknowledges the opportunity to conduct LBP risk 174. assessments or inspections during Inspection Period. 175. Seller shall provide LBP Information within ﬁve (5) days after Contract acceptance. Buyer may within ten (10) days 176. or days after receipt of the LBP Information conduct or obtain a risk assessment or inspection of the Premises for the 177. presence of LBP or LBP hazards (“Assessment Period”). Buyer may within ﬁve (5) days after receipt of the LBP Information or ﬁve 178. (5) days after expiration of the Assessment Period cancel this Contract.

179. Buyer is further advised to use certiﬁed contractors to perform renovation, repair or painting projects that disturb lead-based paint in 180. residential properties built before 1978 and to follow speciﬁc work practices to prevent lead contamination. 181. If Premises were constructed prior to 1978, (BUYER’S INITIALS REQUIRED) BUYER BUYER

182. If Premises were constructed in 1978 or later, (BUYER’S INITIALS REQUIRED) BKT 07/22/20 TT 07/22/20 7:10 PM PDT BUYER 7:48 PM PDT BUYER dotloop verified dotloop verified

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4e. 183. Afﬁdavit of Disclosure: If the Premises are located in an unincorporated area of the county, and ﬁve (5) or fewer parcels of 184. property other than subdivided property are being transferred, Seller shall deliver a completed Afﬁdavit of Disclosure in the form 185. required by law to Buyer within ﬁve (5) days after Contract acceptance. Buyer shall provide notice of any Afﬁdavit of Disclosure items 186. disapproved within the Inspection Period or ﬁve (5) days after receipt of the Afﬁdavit of Disclosure, whichever is later.

4f. 187. Changes During Escrow: Seller shall immediately notify Buyer of any changes in the Premises or disclosures made herein, 188. in the SPDS, or otherwise. Such notice shall be considered an update of the SPDS. Unless Seller is already obligated by this 189. Contract or any amendments hereto, to correct or repair the changed item disclosed, Buyer shall be allowed ﬁve (5) days after 190. delivery of such notice to provide notice of disapproval to Seller.

5. WARRANTIES 5a. 191. Condition of Premises: BUYER AND SELLER AGREE THE PREMISES ARE BEING SOLD IN ITS PRESENT PHYSICAL 192. CONDITION AS OF THE DATE OF CONTRACT ACCEPTANCE. Seller makes no warranty to Buyer, either express or implied, as 193. to the condition, zoning, or ﬁtness for any particular use or purpose of the Premises. However, Seller shall maintain and repair the 194. Premises so that at the earlier of possession or COE: (i) the Premises, including all personal property included in the sale, will be in 195. substantially the same condition as on the date of Contract acceptance; and (ii) all personal property not included in the sale and 196. debris will be removed from the Premises. Buyer is advised to conduct independent inspections and investigations regarding the 197. Premises within the Inspection Period as speciﬁed in Section 6a. Buyer and Seller acknowledge and understand they may, but are 198. not obligated to, engage in negotiations for repairs/improvements to the Premises. Any/all agreed upon repairs/improvements will be 199. addressed pursuant to Section 6j.

5b. 200. Warranties that Survive Closing: Seller warrants that Seller has disclosed to Buyer and Broker(s) all material latent defects and 201. any information concerning the Premises known to Seller, excluding opinions of value, which materially and adversely affect the 202. consideration to be paid by Buyer. Prior to COE, Seller warrants that payment in full will have been made for all labor, professional 203. services, materials, machinery, ﬁxtures, or tools furnished within the 150 days immediately preceding COE in connection with the 204. construction, alteration, or repair of any structure on or improvement to the Premises. Seller warrants that the information regarding 205. connection to a sewer system or on-site wastewater treatment facility (conventional septic or alternative) is correct to the best of 206. Seller’s knowledge.

5c. 207. Buyer Warranties: Buyer warrants that Buyer has disclosed to Seller any information that may materially and adversely affect 208. Buyer’s ability to close escrow or complete the obligations of this Contract. At the earlier of possession of the Premises or COE, 209. Buyer warrants to Seller that Buyer has conducted all desired independent inspections and investigations and accepts the Premises. 210. Buyer warrants that Buyer is not relying on any verbal representations concerning the Premises except disclosed as follows: 211. NONE 212.

6. DUE DILIGENCE 6a. 213. Inspection Period: Buyer’s Inspection Period shall be ten (10) days or See P8 days after Contract acceptance. During the 214. Inspection Period Buyer, at Buyer’s expense, shall: (i) conduct all desired physical, environmental, and other types of inspections 215. and investigations to determine the value and condition of the Premises; (ii) make inquiries and consult government agencies, 216. lenders, insurance agents, architects, and other appropriate persons and entities concerning the suitability of the Premises and 217. the surrounding area; (iii) investigate applicable building, zoning, ﬁre, health, and safety codes to determine any potential hazards, 218. violations or defects in the Premises; and (iv) verify any material multiple listing service (“MLS”) information. If the presence of 219. sex offenders in the vicinity or the occurrence of a disease, natural death, suicide, homicide or other crime on or in the vicinity is 220. a material matter to Buyer, it must be investigated by Buyer during the Inspection Period. Buyer shall keep the Premises free and 221. clear of liens, shall indemnify and hold Seller harmless from all liability, claims, demands, damages, and costs, and shall repair all 222. damages arising from the inspections. Buyer shall provide Seller and Broker(s) upon receipt, at no cost, copies of all inspection 223. reports concerning the Premises obtained by Buyer. Buyer is advised to consult the Arizona Department of Real Estate Buyer 224. Advisory to assist in Buyer’s due diligence inspections and investigations. 6b. 225. Square Footage: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE PREMISES, BOTH THE 226. REAL PROPERTY (LAND) AND IMPROVEMENTS THEREON, IS APPROXIMATE. IF SQUARE FOOTAGE IS A MATERIAL 227. MATTER TO BUYER, IT MUST BE INVESTIGATED DURING THE INSPECTION PERIOD. 6c. 228. Wood-Destroying Organism or Insect Inspection: IF CURRENT OR PAST WOOD-DESTROYING ORGANISMS OR INSECTS 229. (SUCH AS TERMITES) ARE A MATERIAL MATTER TO BUYER, THESE ISSUES MUST BE INVESTIGATED DURING THE 230. INSPECTION PERIOD. Buyer shall order and pay for all wood-destroying organism or insect inspections performed during the 231. Inspection Period. If the lender requires an updated Wood-Destroying Organism or Insect Inspection Report prior to COE, it will be 232. performed at Buyer’s expense. 6d. 233. Flood Hazard: FLOOD HAZARD DESIGNATIONS OR THE COST OF FLOOD HAZARD INSURANCE SHALL BE 234. DETERMINED BY BUYER DURING THE INSPECTION PERIOD. If the Premises are situated in an area identiﬁed as having 235. any special ﬂood hazards by any governmental entity, THE LENDER MAY REQUIRE THE PURCHASE OF FLOOD HAZARD 236. INSURANCE. Special ﬂood hazards may also affect the ability to encumber or improve the Premises. >> Residential Resale Real Estate Purchase Contract • Updated: February 2020 Copyright © 2020 Arizona Association of REALTORS®. All rights reserved. BKT 07/22/20 TT 07/22/20 Page 5 of 10 7:10 PM PDT 7:48 PM PDT dotloop verified dotloop verified

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6e. 237. Insurance: IF HOMEOWNER’S INSURANCE IS A MATERIAL MATTER TO BUYER, BUYER SHALL APPLY FOR AND 238. OBTAIN WRITTEN CONFIRMATION OF THE AVAILABILITY AND COST OF HOMEOWNER’S INSURANCE FOR THE 239. PREMISES FROM BUYER’S INSURANCE COMPANY DURING THE INSPECTION PERIOD. Buyer understands that any 240. homeowner’s, ﬁre, casualty, ﬂood or other insurance desired by Buyer or required by lender should be in place at COE.

6f. 241. Sewer or On-site Wastewater Treatment System: The Premises are connected to a: 242. sewer system conventional septic system alternative system

243. IF A SEWER CONNECTION IS A MATERIAL MATTER TO BUYER, IT MUST BE INVESTIGATED DURING THE INSPECTION 244. PERIOD. If the Premises are served by a conventional septic or alternative system, the AAR On-site Wastewater Treatment Facility 245. Addendum is incorporated herein by reference. 246. (BUYER’S INITIALS REQUIRED) BKT 07/22/20 TT 07/22/20 7:10 PM PDT BUYER 7:48 PM PDT BUYER dotloop verified dotloop verified

6g. 247. Swimming Pool Barrier Regulations: During the Inspection Period, Buyer agrees to investigate all applicable state, county, and 248. municipal Swimming Pool barrier regulations and agrees to comply with and pay all costs of compliance with said regulations prior to 249. occupying the Premises, unless otherwise agreed in writing. If the Premises contains a Swimming Pool, Buyer acknowledges receipt 250. of the Arizona Department of Health Services approved private pool safety notice. 251. (BUYER’S INITIALS REQUIRED) BKT 07/22/20 TT 07/22/20 7:10 PM PDT 7:48 PM PDT BUYER dotloop verified BUYER dotloop verified

6h. 252. BUYER ACKNOWLEDGMENT: BUYER RECOGNIZES, ACKNOWLEDGES, AND AGREES THAT BROKER(S) ARE NOT 253. QUALIFIED, NOR LICENSED, TO CONDUCT DUE DILIGENCE WITH RESPECT TO THE PREMISES OR THE SURROUNDING 254. AREA. BUYER IS INSTRUCTED TO CONSULT WITH QUALIFIED LICENSED PROFESSIONALS TO ASSIST IN BUYER’S 255. DUE DILIGENCE EFFORTS. BECAUSE CONDUCTING DUE DILIGENCE WITH RESPECT TO THE PREMISES AND THE 256. SURROUNDING AREA IS BEYOND THE SCOPE OF BROKER’S EXPERTISE AND LICENSING, BUYER EXPRESSLY 257. RELEASES AND HOLDS HARMLESS BROKER(S) FROM LIABILITY FOR ANY DEFECTS OR CONDITIONS THAT COULD 258. HAVE BEEN DISCOVERED BY INSPECTION OR INVESTIGATION. 259. (BUYER’S INITIALS REQUIRED) BKT 07/22/20 TT 07/22/20 7:10 PM PDT BUYER 7:48 PM PDT BUYER dotloop verified dotloop verified

6i. 260. Inspection Period Notice: Prior to expiration of the Inspection Period, Buyer shall deliver to Seller a signed notice of any items 261. disapproved. AAR’s Buyer’s Inspection Notice and Seller’s Response form is available for this purpose. Buyer shall conduct all 262. desired inspections and investigations prior to delivering such notice to Seller and all Inspection Period items disapproved shall be 263. provided in a single notice.

6j. 264. Buyer Disapproval: If Buyer, in Buyer’s sole discretion, disapproves of items as allowed herein, Buyer shall deliver to Seller a 265. signed notice of the items disapproved and state in the notice that Buyer elects to either: 266. (1) Immediately cancel this Contract, in which case: 267. (a) If Buyer’s notice speciﬁes disapproval of items as allowed herein, the Earnest Money shall be released to Buyer. 268. (b) If Buyer’s notice fails to specify items disapproved as allowed herein, the cancellation will remain in effect but Buyer has 269. failed to comply with a provision of this Contract and Seller may deliver to Buyer a cure notice as required by Section 7a. 270. If Buyer fails to cure their non-compliance within three (3) days after delivery of such notice, Buyer shall be in breach and 271. Seller shall be entitled to the Earnest Money. If, prior to expiration of the Cure Period, Buyer delivers notice specifying 272. items disapproved as allowed herein, Buyer shall be entitled to a return of the Earnest Money. 273. OR 274. (2) Provide Seller an opportunity to correct the items disapproved, in which case: 275. (a) Seller shall respond in writing within ﬁve (5) days or days after delivery to Seller of Buyer’s notice of items 276. disapproved. Seller’s failure to respond to Buyer in writing within the speciﬁed time period shall conclusively be deemed 277. Seller’s refusal to correct any of the items disapproved. 278. (b) If Seller agrees in writing to correct items disapproved, Seller shall correct the items, complete any repairs in a 279. workmanlike manner and deliver any paid receipts evidencing the corrections and repairs to Buyer three (3) days 280. or days prior to the COE Date. 281. (c) If Seller is unwilling or unable to correct any of the items disapproved, Buyer may cancel this Contract within ﬁve (5) days 282. after delivery of Seller’s response or after expiration of the time for Seller’s response, whichever occurs ﬁrst, and the 283. Earnest Money shall be released to Buyer. If Buyer does not cancel this Contract within the ﬁve (5) days as provided, 284. Buyer shall close escrow without correction of those items that Seller has not agreed in writing to correct.

285. VERBAL DISCUSSIONS WILL NOT EXTEND THESE TIME PERIODS. Only a written agreement signed by both parties will extend 286. response times or cancellation rights.

287. BUYER’S FAILURE TO GIVE NOTICE OF DISAPPROVAL OF ITEMS OR CANCELLATION OF THIS CONTRACT WITHIN 288. THE SPECIFIED TIME PERIOD SHALL CONCLUSIVELY BE DEEMED BUYER’S ELECTION TO PROCEED WITH THE 289. TRANSACTION WITHOUT CORRECTION OF ANY DISAPPROVED ITEMS. >> Residential Resale Real Estate Purchase Contract • Updated: February 2020 Copyright © 2020 Arizona Association of REALTORS®. All rights reserved. BKT 07/22/20 TT 07/22/20 Page 6 of 10 7:10 PM PDT 7:48 PM PDT dotloop verified dotloop verified

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6k. 290. Home Warranty Plan: Buyer and Seller are advised to investigate the various home warranty plans available for purchase. The 291. parties acknowledge that different home warranty plans have different coverage options, exclusions, limitations, service fees and 292. most plans exclude pre-existing conditions.

293. A Home Warranty Plan will be ordered by Buyer or Seller with the following optional coverage 294. , to be issued by at a cost 295. not to exceed $ , to be paid for by Buyer Seller Split evenly between Buyer and Seller 296. Buyer declines the purchase of a Home Warranty Plan. 297. (BUYER’S INITIALS REQUIRED) BKT 07/22/20 TT 07/22/20 7:10 PM PDT BUYER 7:48 PM PDT BUYER dotloop verified dotloop verified

6l. 298. Walkthrough(s): Seller grants Buyer and Buyer’s inspector(s) reasonable access to conduct walkthrough(s) of the Premises for 299. the purpose of satisfying Buyer that any corrections or repairs agreed to by Seller have been completed, and the Premises are 300. in substantially the same condition as of the date of Contract acceptance. If Buyer does not conduct such walkthrough(s), Buyer 301. releases Seller and Broker(s) from liability for any defects that could have been discovered.

6m. 302. Seller’s Responsibility Regarding Inspections and Walkthrough(s): Seller shall make the Premises available for all inspections 303. and walkthrough(s) upon reasonable notice by Buyer. Seller shall, at Seller’s expense, have all utilities on, including any propane, 304. until COE to enable Buyer to conduct these inspections and walkthrough(s).

6n. 305. IRS and FIRPTA Reporting: The Foreign Investment in Real Property Tax Act (“FIRPTA”) provides that, if a seller is a Foreign 306. Person, a buyer of residential real property must withhold federal income taxes up to 15% of the purchase price, unless an exception 307. applies. If FIRPTA is applicable and Buyer fails to withhold, Buyer may be held liable for the tax. Buyer agrees to perform any acts 308. reasonable or necessary to comply with FIRPTA and IRS reporting requirements and Buyer is responsible for obtaining independent 309. legal and tax advice.

7. REMEDIES 7a. 310. Cure Period: A party shall have an opportunity to cure a potential breach of this Contract. If a party fails to comply with any 311. provision of this Contract, the other party shall deliver a notice to the non-complying party specifying the non-compliance. If the 312. non-compliance is not cured within three (3) days after delivery of such notice (“Cure Period”), the failure to comply shall become a 313. breach of Contract. If Escrow Company or recorder’s ofﬁce is closed on the last day of the Cure Period, and COE must occur 314. to cure a potential breach, COE shall occur on the next day that both are open for business.

7b. 315. Breach: In the event of a breach of Contract, the non-breaching party may cancel this Contract and/or proceed against the 316. breaching party in any claim or remedy that the non-breaching party may have in law or equity, subject to the Alternative Dispute 317. Resolution obligations set forth herein. In the case of Seller, because it would be difﬁcult to ﬁx actual damages in the event of 318. Buyer’s breach, the Earnest Money may be deemed a reasonable estimate of damages and Seller may, at Seller’s option, accept 319. the Earnest Money as Seller’s sole right to damages; and in the event of Buyer’s breach arising from Buyer’s failure to deliver the 320. notice required by Section 2b, or Buyer’s inability to obtain loan approval due to the waiver of the appraisal contingency pursuant 321. to Section 2l, Seller shall exercise this option and accept the Earnest Money as Seller’s sole right to damages. An unfulﬁlled 322. contingency is not a breach of Contract. The parties expressly agree that the failure of any party to comply with the terms and 323. conditions of Section 1d to allow COE to occur on the COE Date, if not cured after a cure notice is delivered pursuant to Section 7a, 324. will constitute a material breach of this Contract, rendering the Contract subject to cancellation.

7c. 325. Alternative Dispute Resolution (“ADR”): Buyer and Seller agree to mediate any dispute or claim arising out of or relating to this 326. Contract in accordance with the REALTORS® Dispute Resolution System, or as otherwise agreed. All mediation costs shall be paid 327. equally by the parties. In the event that mediation does not resolve all disputes or claims, the unresolved disputes or claims shall 328. be submitted for binding arbitration. In such event, the parties shall agree upon an arbitrator and cooperate in the scheduling of 329. an arbitration hearing. If the parties are unable to agree on an arbitrator, the dispute shall be submitted to the American Arbitration 330. Association (“AAA”) in accordance with the AAA Arbitration Rules for the Real Estate Industry. The decision of the arbitrator shall be 331. ﬁnal and nonappealable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 332. Notwithstanding the foregoing, either party may opt out of binding arbitration within thirty (30) days after the conclusion of the 333. mediation conference by notice to the other and, in such event, either party shall have the right to resort to court action.

7d. 334. Exclusions from ADR: The following matters are excluded from the requirement for ADR hereunder: (i) any action brought in the 335. Small Claims Division of an Arizona Justice Court (up to $3,500) so long as the matter is not thereafter transferred or removed from 336. the small claims division; (ii) judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or 337. agreement for sale; (iii) an unlawful entry or detainer action; (iv) the ﬁling or enforcement of a mechanic’s lien; or (v) any matter that 338. is within the jurisdiction of a probate court. Further, the ﬁling of a judicial action to enable the recording of a notice of pending action 339. (“lis pendens”), or order of attachment, receivership, injunction, or other provisional remedies shall not constitute a waiver of the 340. obligation to submit the claim to ADR, nor shall such action constitute a breach of the duty to mediate or arbitrate.

7e. 341. Attorney Fees and Costs: The prevailing party in any dispute or claim between Buyer and Seller arising out of or relating to this 342. Contract shall be awarded their reasonable attorney fees and costs. Costs shall include, without limitation, attorney fees, expert 343. witness fees, fees paid to investigators, and arbitration costs.

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2023-04331 Residential Resale Real Estate Purchase Contract >>

8. ADDITIONAL TERMS AND CONDITIONS 8a. 344. Buyer's Inspection Period shall be 10 days after written notification from Seller that Certificate of Occupancy has been issued. 345. 346. Line 18, Earnest Money will be released to Seller directly on 7/28/20. Section 3f to remain in effect. 347. 348. Buyer and Seller agree that COE may occur sooner than 04/22/21 with mutual consent from both parties. 349. 350. 351. 352. 353. 354. 355. 356. 357. 358. 359. 360. 361. 362. 363. 364. 365. 366. 367. 368. 369. 370. 371. 372. 373. 374. 375. 376. 377. 378. 379. 380. 381. 382. 383. 384. 385. 386. 387. 388. 389. >> Residential Resale Real Estate Purchase Contract • Updated: February 2020 Copyright © 2020 Arizona Association of REALTORS®. All rights reserved. BKT 07/22/20 TT 07/22/20 Page 8 of 10 7:10 PM PDT 7:48 PM PDT dotloop verified dotloop verified

2023-04331 Residential Resale Real Estate Purchase Contract >>

8b. 390. Risk of Loss: If there is any loss or damage to the Premises between the date of Contract acceptance and COE or possession, 391. whichever is earlier, by reason of ﬁre, vandalism, ﬂood, earthquake, or act of God, the risk of loss shall be on Seller, provided, 392. however, that if the cost of repairing such loss or damage would exceed ten percent (10%) of the purchase price, either Seller or 393. Buyer may elect to cancel the Contract. 8c. 394. Permission: Buyer and Seller grant Broker(s) permission to advise the public of this Contract.

8d. 395. Arizona Law: This Contract shall be governed by Arizona law and jurisdiction is exclusively conferred on the State of Arizona.

8e. 396. Time is of the Essence: The parties acknowledge that time is of the essence in the performance of the obligations described 397. herein.

8f. 398. Compensation: Seller and Buyer acknowledge that Broker(s) shall be compensated for services rendered as previously agreed by 399. separate written agreement(s), which shall be delivered by Broker(s) to Escrow Company for payment at COE, if not previously paid. 400. If Seller is obligated to pay Broker(s), this Contract shall constitute an irrevocable assignment of Seller’s proceeds at COE. If Buyer 401. is obligated to pay Broker(s), payment shall be collected from Buyer as a condition of COE. COMMISSIONS PAYABLE FOR THE 402. SALE, LEASING, OR MANAGEMENT OF PROPERTY ARE NOT SET BY ANY BOARD OR ASSOCIATION OF REALTORS®, OR 403. MULTIPLE LISTING SERVICE, OR IN ANY MANNER OTHER THAN BETWEEN BROKER AND CLIENT. 8g. 404. Copies and Counterparts: A fully executed facsimile or electronic copy of the Contract shall be treated as an original Contract. 405. This Contract and any other documents required by this Contract may be executed by facsimile or other electronic means and in any 406. number of counterparts, which shall become effective upon delivery as provided for herein, except that the Disclosure of Information 407. on Lead-Based Paint and Lead-Based Paint Hazards may not be signed in counterpart. All counterparts shall be deemed to 408. constitute one instrument, and each counterpart shall be deemed an original. 8h. 409. Days: All references to days in this Contract shall be construed as calendar days and a day shall begin at 12:00 a.m. and 410. end at 11:59 p.m. 8i. 411. Calculating Time Periods: In computing any time period prescribed or allowed by this Contract, the day of the act or event from 412. which the time period begins to run is not included and the last day of the time period is included. Contract acceptance occurs on the 413. date that the signed Contract (and any incorporated counter offer) is delivered to and received by the appropriate Broker. Acts that 414. must be performed three (3) days prior to the COE Date must be performed three (3) full days prior (i.e. – if the COE Date is Friday 415. the act must be performed by 11:59 p.m. on Monday).

8j. 416. Entire Agreement: This Contract, and any addenda and attachments, shall constitute the entire agreement between Seller and 417. Buyer, shall supersede any other written or oral agreements between Seller and Buyer and can be modiﬁed only by a writing signed 418. by Seller and Buyer. The failure to initial any page of this Contract shall not affect the validity or terms of this Contract.

8k. 419. Subsequent Offers: Buyer acknowledges that Seller has the right to accept subsequent offers until COE. Seller understands that 420. any subsequent offer accepted by Seller must be a backup offer contingent on the cancellation of this Contract.

8l. 421. Cancellation: A party who wishes to exercise the right of cancellation as allowed herein may cancel this Contract by delivering 422. notice stating the reason for cancellation to the other party or to Escrow Company. Cancellation shall become effective immediately 423. upon delivery of the cancellation notice. 8m. 424. Notice: Unless otherwise provided, delivery of all notices and documentation required or permitted hereunder shall be in writing 425. and deemed delivered and received when: (i) hand-delivered; (ii) sent via facsimile transmission; (iii) sent via electronic mail, if email 426. addresses are provided herein; or (iv) sent by recognized overnight courier service, and addressed to Buyer as indicated in Section 427. 8q, to Seller as indicated in Section 9a and to Escrow Company indicated in Section 3a. 8n. 428. Release of Broker(s): Seller and Buyer hereby expressly release, hold harmless and indemnify Broker(s) in this 429. transaction from any and all liability and responsibility regarding ﬁnancing, the condition, square footage, lot lines, 430. boundaries, value, rent rolls, environmental problems, sanitation systems, roof, wood infestation, building codes, 431. governmental regulations, insurance, price and terms of sale, return on investment or any other matter relating to the value 432. or condition of the Premises. The parties arrtties understand pa un un and agree that Broker(s) do not provide advice on property as an 433. investment and are not qualiﬁed to provide pro pro rovi ov viide ﬁnancial, legal, or tax advice regarding this real estate transaction. de 434. (SELLER’S INITIALS REQUIRED) (BUYER’S INITIALS REQUIRED) BKT 07/22/20 TT 07/22/20 SELLER SELLER 7:10 PM PDT BUYER 7:48 PM PDT BUYER dotloop verified dotloop verified

8o. 435. Terms of Acceptance: This offer will become a binding Contract when acceptance is signed by Seller and a signed copy delivered 436. in person, by mail, facsimile or electronically, and received by Broker named in Section 8q 437. by 07/25/2020 , at 12:00 a.m./p.m., Mountain Standard Time. 438. Buyer may withdraw this offer at any time prior to receipt of Seller’s signed acceptance. If no signed acceptance is received by this 439. date and time, this offer shall be deemed withdrawn and Buyer’s Earnest Money shall be returned.

8p. 440. THIS CONTRACT CONTAINS TEN (10) PAGES EXCLUSIVE OF ANY ADDENDA AND ATTACHMENTS. PLEASE ENSURE 441. THAT YOU HAVE RECEIVED AND READ ALL TEN (10) PAGES OF THIS OFFER AS WELL AS ANY ADDENDA AND 442. ATTACHMENTS.

>> Residential Resale Real Estate Purchase Contract • Updated: February 2020 Copyright © 2020 Arizona Association of REALTORS®. All rights reserved. BKT 07/22/20 TT 07/22/20 Page 9 of 10 7:10 PM PDT 7:48 PM PDT dotloop verified dotloop verified

2023-04331 Residential Resale Real Estate Purchase Contract >>

8q. 443. Broker on behalf of Buyer:

444.Garrett Lines GL092 SA526644000 PRINT AGENT’S NAME AGENT MLS CODE AGENT STATE LICENSE NO.

445. PRINT AGENT’S NAME AGENT MLS CODE AGENT STATE LICENSE NO.

446.Keller Williams Realty East Valley (No doc's to be delivered to the office.) KWEVT01 PRINT FIRM NAME FIRM MLS CODE

447.2077 E. Warner Rd, #110 Tempe AZ 85284 LC659180000 FIRM ADDRESS STATE ZIP CODE FIRM STATE LICENSE NO.

448.(480) 444-2270 [email redacted] PREFERRED TELEPHONE FAX EMAIL

8r. 449. Agency Conﬁrmation: Broker named in Section 8q above is the agent of (check one): 450. Buyer; Seller; or both Buyer and Seller

8s. 451. The undersigned agree to purchase the Premises on the terms and conditions herein stated and acknowledge receipt of 452. a copy hereof including the Buyer Attachment. dotloop verified dotloop verified Byron Keith Thomas 07/22/20 7:10 PM PDT Terry Thomas 07/22/20 7:48 PM PDT 453. BVU6-ECF3-FXUC-56A9 YCOV-JZOS-TMLY-UVBP ^ BUYER’S SIGNATURE MO/DA/YR ^ BUYER’S SIGNATURE MO/DA/YR

454. Byron Keith Thomas Terry Thomas ^ BUYER’S NAME PRINTED ^ BUYER’S NAME PRINTED

455. PO Box 12774 ADDRESS ADDRESS

456. Casa Grande, Az 85130 CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE

9. SELLER ACCEPTANCE 9a. 457. Broker on behalf of Seller: 458. Mary Lou Carbajal-Chavez MC505 SA582354000 PRINT AGENT’S NAME AGENT MLS CODE AGENT STATE LICENSE NO.

459. PRINT AGENT’S NAME AGENT MLS CODE AGENT STATE LICENSE NO.

460. Elite Real Estate Pros EREP001 PRINT FIRM NAME FIRM MLS CODE

461. AZ LC647782000 FIRM ADDRESS STATE ZIP CODE FIRM STATE LICENSE NO.

462. 520-483-7585 [email redacted] PREFERRED TELEPHONE FAX EMAIL

9b. 463. Agency Conﬁrmation: Broker named in Section 9a above is the agent of (check one): 464. Seller; or both Buyer and Seller

9c. 465. The undersigned agree to sell the Premises on the terms and conditions herein stated, acknowledge receipt of a 466. copy hereof and grant permission to Broker named in Section 9a to deliver a copy to Buyer.

467. Counter Offer is attached, and is incorporated herein by reference. Seller must sign and deliver both this offer and the Counter 468. Offe Of fer. fer. If Offer. If there ther th ere is a con er en this offer and the Counte conﬂict between Counter Offer, the provisions of the Counter Offer shall be controlling. 469. ^ SELLER’S S E LL SE L LER L ER E R ’S S SIG SIGNATURE I G NA IGNA IG N A TUR MO/DA/YR ^ SELLER’S SIGNATURE MO/DA/YR

470. ^ SELLER’S NAME PRINTED ^ SELLER’S NAME PRINTED

471. ADDRESS ADDRESS

472. CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE

473. OFFER REJECTED BY SELLER: , 20 MONTH DAY YEAR (SELLER’S INITIALS)

Garrett Lines Keller Williams - East Valley 2077 East Warner Road #110 Tempe, AZ 85284 dotloop signature verification: dtlp.us/yLAB-cFBL-EhAv Received by Investigations Authentisign ID: 13CDBFA0-EBDB-454C-9CC0-83A98174DA38 04/12/2023 3DJHRI 2023-04331 H.O.A. CONDOMINIUM / PLANNED COMMUNITY ADDENDUM 'RFXPHQWXSGDWHG June 2020

SELLER’S NOTICE OF H.O.A. INFORMATION Seller: Absolute Remodeling & Construction Inc. Premises Address: 10011 W Ironwood Dr, Casa Grande, Az 85194 Date: 07/22/2020

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ASSOCIATION(S) GOVERNING THE PREMISES H.O.A.: Chaparral Estates &RQWDFW,QIR 0DQDJHPHQW&RPSDQ\ LIDQ\ &RQWDFW,QIR $PRXQWRI'XHV 120+RZRIWHQ"Annual $PRXQWRIVSHFLDODVVHVVPHQWV LIDQ\ +RZRIWHQ" Start Date: (QG'DWH 02'$<5 02'$<5

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3DJHRI Garrett Lines Keller Williams - East Valley 2077 East Warner Road #110 Tempe, AZ 85284 dotloop signature verification: dtlp.us/yLAB-cFBL-EhAv Received by Investigations Authentisign ID: 13CDBFA0-EBDB-454C-9CC0-83A98174DA38 3DJHRI 04/12/2023 H.O.A. Condominium / Planned Community Addendum >> 2023-04331

ADDITIONAL OBLIGATIONS

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lt;6$)7(55(&(,372)7+(,1)250$7,21)5207+(6(//(5 6 25+20(2:1(5·6 ASSOCIATION TO PROVIDE WRITTEN NOTICE TO SELLER OF ANY ITEMS DISAPPROVED.

INFORMATION REQUIRED BY LAW TO BE PROVIDED TO BUYER:

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BUYER’S ACKNOWLEDGMENT AND TERMS %X\HU: Byron Keith Thomas and Terry Thomas Seller:Absolute Remodeling & Construction Inc. Premises Address: 10011 W Ironwood Dr, Casa Grande, Az 85194 127( /,1(6 72 21/< %( &203/(7(' %< %8<(5 $1' 127 6(//(5

The following additional terms and conditions are hereby included as a part of the Contract between Seller and Buyer for the above referenced Premises. Transfer Fees VKDOO EH SDLG E\ %X\HU Seller 2WKHU Split 50/50 Capital Improvement Fees VKDOO EH SDLG E\ %X\HU Seller 2WKHU N/A %X\HU VKDOO SD\ DOO Prepaid Association Fees 6HOOHU VKDOO SD\ DOO Disclosure Fees DV UHTXLUHG E\ $UL]RQD ODZ ,Q D ILQDQFHG SXUFKDVH %X\HU VKDOO EH UHVSRQVLEOH IRU DOO OHQGHU IHHV FKDUJHG WR REWDLQ $VVRFLDWLRQ V 0DQDJHPHQW &RPSDQ\ LHV GRFXPHQWV Other Fees:

BUYER VERIFICATION: %X\HU PD\ FRQWDFW WKH $VVRFLDWLRQ V 0DQDJHPHQW &RPSDQ\ LHV IRU YHUEDO YHULILFDWLRQ RI DVVRFLDWLRQ FEES PAYABLE UPON CLOSE OF ESCROW ASSESSMENTS: $Q\FXUUHQWKRPHRZQHU·VDVVRFLDWLRQDVVHVVPHQWZKLFKLVDOLHQDVRI&ORVHRI(VFURZVKDOOEHSDLGLQIXOOE\6HOOHU $Q\DVVHVVPHQWWKDWEHFRPHVDOLHQDIWHU&ORVHRI(VFURZLV%X\HU·VUHVSRQVLELOLW\

ADDITIONAL TERMS AND CONDITIONS HOA Addendum prepared by Buyer's agent as a courtesy. Buyers and Seller are instructed to confirm information

independently. Any fees not disclosed on page 1 shall be responsibility of Seller.

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Byron Keith Thomas 07/22/20 7:11 PM PDT VNAE-NBBF-9GNE-PDPO Terry Thomas 07/22/20 7:48 PM PDT A2MA-YWXZ-5MBB-PJD9

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3DJHRI Garrett Lines Keller Williams - East Valley 2077 East Warner Road #110 Tempe, AZ 85284 dotloop signature verification: dtlp.us/3Uzu-2y0w-B5pk Received by Investigations Authentisign ID: 13CDBFA0-EBDB-454C-9CC0-83A98174DA38 04/12/2023 2023-04331

Byron Keith Thomas and Terry Thomas Absolute Remodeling & Construction Inc. 10011 West Ironwood Drive, Casa Grande, AZ 85194 509-60-181

220

dotloop verified dotloop verified Byron Keith Thomas 07/22/20 7:11 PM Terry Thomas 07/22/20 7:48 PM PDT PDT

Garrett Lines Keller Williams - East Valley 2077 East Warner Road #110 Tempe, AZ 85284 Received by Investigations 04/12/2023 2023-04331 Received by Investigations 04/12/2023 2023-04331 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Byron Keith Thomas, Case No. 2023-04331 COMPLAINANT, v. Absolute Remodeling and Construction Inc. FINAL ADMINISTRATIVE DBA: Platinum Garage Door Sales & DECISION AND ORDER (DEFAULT) Service, License No. ROC 175926, RESPONDENT.

A Citation was issued in this matter based on a complaint filed with the Registrar of Contractors. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are made: FINDINGS OF FACT 1. The Citation and Complaint were served on Respondent by certified mail, with postage prepaid, directed to the latest address of record for Respondent as shown in the license files of the Registrar, in accordance with A.R.S. §§ 32-1155(A) and (B). 2. Respondent did not file a timely written Answer to the Citation as required by A.R.S. § 32-1155(A). 3. More than ten days have elapsed since service of the Citation, and under A.R.S. § 32- 1155(C) Respondent’s failure to answer within the time prescribed is deemed an admission of the acts charged in the Complaint. 4. Respondent’s license is active as of the date of this Order.

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 CONCLUSIONS OF LAW 1. Respondent violated the provisions of A.R.S. § 32-1154(A)(3) and (22) as charged in the Citation and Complaint.

2. The Registrar has authority to suspend or revoke Respondent’s license under A.R.S. §§ 32-1154 and 32-1155.

ORDER Based on the foregoing, IT IS ORDERED that Respondent’s license is suspended for a

period of 1 day beginning January 5, 2024.

Pursuant to A.R.S. § 32-1154(E), IT IS FURTHER ORDERED that Respondent pay a

civil penalty of $250.00 to the Registrar for the violation of A.R.S. § 32-1154(A)(22). If Respondent fails to pay this civil penalty amount in full within 30 days of the issuance of this Order, the Registrar shall automatically revoke Respondent’s license, with no further notice.

The Registrar shall not issue any future or additional contractor’s licenses to any entity

comprised of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(7), unless Respondent or any of the parties defined in A.R.S. § 32-1101(A)(7) pays any and all outstanding civil penalties

This Order is not subject to judicial review except for jurisdictional issues under

A.R.S. §§ 41-1092.08(H) and 12-902(B). Dated December 29, 2023.

By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed December 29, 2023 to:

of 3 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/19 Respondent Absolute Remodeling and Construction Inc. DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122 Complainant Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-04331 / SA

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+ ,722 -..-2 2"282/01 08323451,4 +1 4, +1+ 7[number redacted],1.744070068786709 121 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Byron Keith Thomas, Case No. 2023-04331 COMPLAINANT, ORDER SETTING ASIDE FINAL v. ADMINISTRAIVE DECISION AND Absolute Remodeling and Construction Inc., ORDER (DEFAULT) DBA: Platinum Garage Door Sales & Service, License No. ROC 175926, AND RESPONDENT. ORDER SETTING HEARING

After a review of the file and record, Respondent’s request to set aside the Registrar’s Final Administrative Decision and Order (Default) is granted for the following reasons: BACKGROUND December 6, 2023, the Registrar issued a citation to Respondent for alleged violation(s) of A.R.S. § 32-1154(A)(3) and (22). The Registrar mailed the Citation via certified mail to Respondent’s address of record. The Registrar did not receive a timely answer from Respondent. On December 29, 2023, the Registrar issued a Final Administrative Decision and Order (Default) where it ordered that Respondent’s license is suspended for one day beginning January 5, 2024, and assessed a $250.00 civil penalty. On December 29, 2023, the Registrar received Respondent’s response to the Final Administrative Decision and Order (Default). Respondent stated that it thought, after a conversation with the Registrar, that the complaint would be dismissed. ANALYSIS Service of a citation is fully effected by mailing a copy of the citation and complaint by registered mail to the licensee’s last address of record in the Registrar’s office. A.R.S. § 32-

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 1155(B). Service is complete five days after deposit in the mail. Failure of a licensee to respond to a citation within ten days after service may result in a statutory admission of all acts charged in the complaint. The Registrar may accept a late answer if it determines, in its sole discretion, that the failure to timely answer is attributable to excusable neglect. A.R.S. § 32- 1155(C). Here, the Citation was mailed to Respondent’s correct address of record on December 29, 2023 via certified and USPS first class mail. The due date for Respondent to file an answer to the Citation was December 21, 2023. Because Respondent failed to timely file an answer as required under A.R.S. § 32-1155(C), the Registrar issued a default order in this case. The Registrar therefore considers Respondent’s December 29, 2023 email as a late answer and a request to set aside the default order. The Registrar favors resolving complaints on their merits rather than procedural technicalities. The Registrar reviewed the record to determine whether there is sufficient evidence to set aside the default in this case. Here, good cause exists to set this matter for a hearing before the Office of Administrative Hearings. Once Respondent was aware of the Registrar’s issuance of a default he promptly sought relief. Respondent further articulated reasons for failing to file a timely answer. After a conversation with the Registrar, Respondent erroneously thought that the Complaint would be dismissed and/or that it did not need to file a written response with the Registrar. Therefore, the Registrar determines that good cause exists to set aside the default. ORDER Based on the foregoing, Respondent’s request to set aside the Final Administrative

Decision and Order (Default) is granted.

IT IS ORDERED that the discipline set to begin January 5, 2024, pursuant to Final

Administrative Decision and Order (Default) dated December 29, 2023 is quashed and the

civil penalty assessed is voided.

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 IT IS FURTHER ORDERED that a hearing be scheduled in the normal course of docketing. A Notice of Hearing will be issued in due course. If the parties resolve the matter after a hearing is set, then they need to jointly notify the Office of Administrative Hearings and the Registrar.

Dated January 22, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 22, 2024 to: Respondent Absolute Remodeling and Construction Inc DBA: Platinum Garage Door Sales & Service 600 W 9th St Casa Grande, AZ 85122 Complainant Byron Keith Thomas 10011 W Ironwood Dr Casa Grande, AZ 85194

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-04331/

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877) 692-9762 Lg107 4/21 1/24/24, 1:44 PM State of Arizona Mail - Fwd: Case 2023-04331 - Order Granting Request to Set Aside Default and Order Setting Hearing - DO NO…

Legal New Mail - AZROC <[email redacted]>

Fwd: Case 2023-04331 - Order Granting Request to Set Aside Default and Order Setting Hearing - DO NOT REPLY messages

Jim Suor <[email redacted]> Tue, Jan 23, 2024 at 12:44 PM To: Legal New Mail - AZROC <[email redacted]>

Case 2023-04331 has been completed to the satisfaction of the homeowner. Is this dismissed? ---------- Forwarded message --------- From: Shaquira Adebule <[email redacted]> Date: Mon, Jan 22, 2024 at 11:11 AM Subject: Case 2023-04331 - Order Granting Request to Set Aside Default and Order Setting Hearing - DO NOT REPLY To: Jim Suor <[email redacted]>

Hello,

Attached please find an electronic courtesy copy of the Order Granting Request to Set Aside Default and Order Setting Hearing issued in Case 2023-04331. This document was also sent to your attention via US Mail.

If the matter is resolved prior to a hearing, please notify the Registrar and or the Office of Administrative Hearings at the email below.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted]

Thank you,

Shaquira Adebule Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St., Suite 105 Phoenix, AZ 85007 Office: 602-771-6817 [email redacted]

The ROC is now on social media! Make sure to follow us on: Facebook Twitter Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you! Facebook

20240122 Order Granting Request to Set Aside 2023-04331 MAILED.pdf 140K

Legal New Mail - AZROC <[email redacted]> Wed, Jan 24, 2024 at 1:44 PM To: Jim Suor <[email redacted]>

Good afternoon. We have not been notified by the Complainant that this matter is resolved. We must hear from them before it can be closed.

Thank you,

https://mail.google.com/mail/b/AEoRXRRTcjId_YujiEmoR9YzEkt4RA1BIZZqLXKJ1mmg2ARjSVaU/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/2 1/24/24, 1:44 PM State of Arizona Mail - Fwd: Case 2023-04331 - Order Granting Request to Set Aside Default and Order Setting Hearing - DO NO…

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRRTcjId_YujiEmoR9YzEkt4RA1BIZZqLXKJ1mmg2ARjSVaU/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 2/2 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3