2023A-09109-CHC-ROC AMENDED Notice of Hearing and Packet MAILED

2023A-09109-CHC-ROC · Registrar of Contractors · 2023-10-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Heather Wruck , Case No. 2023-09109 COMPLAINANT, Docket No. 2023A-09109-CHC-ROC v. AMENDED NOTICE OF HEARING ON CONTESTED CASE Endurance Heating & Cooling, LLC License No. ROC 334784,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

November 15, 2023 9:00 AM 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 September 27, 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/content/prehearing-disclosure- statement.

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 October 30, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 30, 2023 to:

Respondent(s) Endurance Heating & Cooling, LLC 5225 E Pima St Tucson, AZ 85712 Complainant(s) Heather Wruck 16900 W Jaguar Ln Marana, AZ 85653

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. 2023-09109 /

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

Complainant: Heather Wruck 16900 W Jaguar Ln Marana, AZ 85653

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Endurance Heating & Cooling, LLC 5225 E Pima St Tucson, AZ 85712

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 August 18, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-09109

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for August 24, 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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.

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, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 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.

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 Complainant: Heather Wruck 16900 W Jaguar Ln Marana, AZ 85653

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: Endurance Heating & Cooling, LLC 5225 E Pima St Tucson, AZ 85712

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 August 24, 2023

License No. ROC 334784

Re: Complaint No. 2023-09109

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 September 14, 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 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:

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Based on the sellers Property Disclosure Statement, this house was unoccupied at the time of the HVAC installation, and remained unoccupied until purchase and occupancy by the current property owner, the complainant. During the investigation of the previous complaint, there were no condensation leaks visible or noted. The respondent performed corrective work between the dates of 6/30/2023 and 7/26/2023 After the completion of that corrective work, the system was still not functioning properly or within minimum industry standards. As of the date of this inspection, there is condensation leaking from the inside air handler, and causing damage to the floor, floor coverings, and floor structure. The actual source of the condensation leak is not readily visible; however, the primary drain pan is not overflowing. Additionally, there is some condensation water dripping outside the primary drain pan. There is standing water, outside the primary drain pan, in the upper and lower compartments of the air handler. The floor in the hallway, living room, and laundry room is damaged, soft, and currently wet. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-09109 Investigator: John Smith #194 Inspection Date: 8/24/2023 Inspection Time: 9:00AM Address: 16900 W. Jaguar Ln., Marana, AZ 85653

Complainant: Heather Wruck Respondent: Endurance Heating & Cooling, LLC

Present for the complainant: Heather Wruck Present for the respondent: Albaro Varela General Notes: Sellers Property Disclosure Statement includes:

YES Are you aware of any work done on the Property, such as building, plumbing, electrical or other improvements or alterations or room conversions? Explain: Repairs and upgrades completed by Pima Ventures LLC, ROC# 291256

YES Were permits for the work required? Explain: We installed new HVAC unit. Invoice Date: 4/5/2022

YES If yes, were permits for the work obtained? Explain:

YES Was the work performed by a person licensed to perform the work? Explain:

According to the Seller’s Property Disclosure Statement: • The seller of the Property is KMS Enterprises LLC.

Included in the Seller’s Property Disclosure Statement: • “Repairs and upgrades completed by Pima Ventures LLC, 291256”

Recorded with the Arizona Corporation Commission: • KMS Enterprises LLC is the Statutory Agent for Pima Ventures LLC

Recorded with the Arizona Registrar of Contractors: • KMS Enterprises LLC is a Member and Subsidiary of Pima Ventures LLC

Invoice from Endurance Heating & Cooling, LLC is billable to KMS Enterprises.

4/5/2022 Invoice from Endurance Heating & Cooling, LLC includes: • 16900 West Jaguar Lane Install swap out of split gas system with down shot furnace 1900 sqft requires 5 ton system Mobile home install Property is out of town in Avra valley • Completion Notes: Installed heat pump in place of furnace tested Heat & Cooling. Unit performs well in all operation. Air flow to all rooms

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.

RCC100

Arizona Registrar of Contractors Jobsite Inspection Notes

Complaint Item 1: “When attempting to resolve another issue with the compressor/coil unit, the drain hose was compromised and has leaked all over the floor around the unit. The subfloor is ruined, I had to pull the carpet up to dry it out After pulling the carpet, I found out the door enclosing the space with the unit in it, does not close or latch properly, the carpet was holding it closed” Investigator’s Observations: Verified. The respondent’s invoice for this project is dated 4/5/2022 Based on the respondent’s invoice, the respondent installed a new HVAC system 4/5/2022 The Sellers Property Disclosure Statement also states a new HVAC system was installed. The Sellers Property Disclosure Statement is signed by the seller, Mathew Skidmore, 12/16/2022 Based on the sellers Property Disclosure Statement, this house was unoccupied at the time of the HVAC installation, and remained unoccupied until purchase and occupancy by the current property owner, the complainant. During the investigation of the previous complaint, there were no condensation leaks visible or noted. The respondent performed corrective work between the dates of 6/30/2023 and 7/26/2023 After the completion of that corrective work, the system was still not functioning properly or within minimum industry standards. As of the date of this inspection, there is condensation leaking from the inside air handler, and causing damage to the floor, floor coverings, and floor structure. The actual source of the condensation leak is not readily visible; however, the primary drain pan is not overflowing. Additionally, there is some condensation water dripping outside the primary drain pan. There is standing water, outside the primary drain pan, in the upper and lower compartments of the air handler. The floor in the hallway, living room, and laundry room is damaged, soft, and currently wet. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Jobsite Inspection Photos 1 Case No.: 2023-09109 Investigator: John Smith #194 Inspection Date: 8/24/2023 Inspection Time: 9:00AM Address: 16900 W. Jaguar Ln., Marana, AZ 85653

Jobsite Inspection Photos 2 Case No.: 2023-09109 Investigator: John Smith #194 Inspection Date: 8/24/2023 Inspection Time: 9:00AM Address: 16900 W. Jaguar Ln., Marana, AZ 85653

Condensation leak is causing damage to the floor and subfloor.

Jobsite Inspection Photos 3 Case No.: 2023-09109 Investigator: John Smith #194 Inspection Date: 8/24/2023 Inspection Time: 9:00AM Address: 16900 W. Jaguar Ln., Marana, AZ 85653

Condensation leak is causing damage to the floor and subfloor.

Jobsite Inspection Photos 4 Case No.: 2023-09109 Investigator: John Smith #194 Inspection Date: 8/24/2023 Inspection Time: 9:00AM Address: 16900 W. Jaguar Ln., Marana, AZ 85653

Condensation leak is causing damage to the floor and subfloor.

Jobsite Inspection Photos 5 Case No.: 2023-09109 Investigator: John Smith #194 Inspection Date: 8/24/2023 Inspection Time: 9:00AM Address: 16900 W. Jaguar Ln., Marana, AZ 85653

Condensation leak is causing damage to the floor and subfloor.

Condensate water is dripping outside the primary drain pan. Condensate water is inside the furnace cabinet in the upper and lower compartments.

In response to comments made by the respondent during the JSI: • The primary drain pan is not overflowing.

Jobsite Inspection Photos 6 Case No.: 2023-09109 Investigator: John Smith #194 Inspection Date: 8/24/2023 Inspection Time: 9:00AM Address: 16900 W. Jaguar Ln., Marana, AZ 85653

Condensation leak is causing damage to the floor and subfloor.

Condensate water is dripping outside the primary drain pan. Condensate water is inside the furnace cabinet in the upper and lower compartments.

In response to comments made by the respondent during the JSI: • The primary drain pan is not overflowing.

Jobsite Inspection Photos 7 Case No.: 2023-09109 Investigator: John Smith #194 Inspection Date: 8/24/2023 Inspection Time: 9:00AM Address: 16900 W. Jaguar Ln., Marana, AZ 85653

Condensation leak is causing damage to the floor and subfloor.

Condensate water is dripping outside the primary drain pan. Condensate water is inside the furnace cabinet in the upper and lower compartments.

In response to comments made by the respondent during the JSI: • The primary drain pan is not overflowing.

Jobsite Inspection Photos 8 Case No.: 2023-09109 Investigator: John Smith #194 Inspection Date: 8/24/2023 Inspection Time: 9:00AM Address: 16900 W. Jaguar Ln., Marana, AZ 85653

Condensation leak is causing damage to the floor and subfloor.

Condensate water is dripping outside the primary drain pan. Condensate water is inside the furnace cabinet in the upper and lower compartments.

In response to comments made by the respondent during the JSI: • The primary drain pan is not overflowing.

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Heather Wruck, Case No. 2023-09109 COMPLAINANT, v. Endurance Heating & Cooling, LLC CITATION License No. ROC 334784, RESPONDENT.

The Registrar issues this Citation to Endurance Heating & Cooling, LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 12, 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 August 9, 2023, Heather Wruck (“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 contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2023-09109. 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] of 5

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 October 12, 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 of 5

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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated September 27, 2023. By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 27, 2023 to: Respondent Certified Mail No: [number redacted] Endurance Heating & Cooling, LLC 5225 E Pima St Tucson, AZ 85712

Copy mailed by USPS First Class mail this same date to: Respondent Endurance Heating & Cooling, LLC 5225 E Pima St Tucson, AZ 85712 Complainant Heather Wruck 16900 W Jaguar Ln Marana, AZ 85653 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. 2023-09109 / SA

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 1740 W Adams St., Lower Level, 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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Heather Wruck Mailing Address (Enter jobsite in Contract/Project section) City State Zip

16900 W Jaguar Ln Marana Arizona 85653 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Endurance Heating & Cooling, LLC ROC 334784 Street Address City State Zip

5225 E Pima St Tucson AZ 85712 Phone Number Email

[email redacted] Name of Person(s) Representing License

Matthew Skidmore Contract/Project Information Contract Date Contract Amount Amount Paid

April 4, 2022 $4,950.00 $4,950.00 Date Work Started Date Work Stopped Date Work Was Completed

April 4, 2022 April 4, 2022 April 4, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

16900 W Jaguar Ln Marana AZ 85653 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Written All change orders were Written This project was Residential This project involved Other

A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

When attempting to resolve another issue with the compressor/coil unit, the drain hose was compromised and has leaked all over the floor around the unit. The subfloor is ruined, I had to pull the carpet up to dry it out After pulling the carpet, I found out the door enclosing the space with the unit in it, does not close or latch properly, the carpet was holding it closed

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Heather Wruck \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09

Property Upgrades List 16900 W Jaguar Lane, Marana, AZ 85653

 3 bedroom 2 bath Siding Mobile home on quiet street  All new two-tone interior and exterior paint  Nice floor plan with new Vinyl and new carpet flooring throughout  New dual Pane Windows and new interior six panel doors  New baseboard Throughout  Hall bathroom features new shower/tub combo With new vinyl surround  Laundry electric washer and dryer connection  New A/c Central and Electric split Furnace system for Heating  New shingles roof

All information provided is deemed reliable but is not guaranteed and should be independently verified. Seller has never lived in or rented the property and has limited knowledge. Buyer is encouraged to perform inspections and due diligence. Work completed by Pima Ventures LLC, ROC# 291256. DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09

Invoice DATE 04/05/2022

INVOICE# 1215

TERMS NET 15

5260 Canada St DUE DATE 04/20/2022 Tucson, AZ 85706 (520) 357-4822 / (520) 535-7123 [email redacted]

BILL TO SERVICE LOCATION KMS Enterprises KMS Enterprises 5225 East Pima Street 16900 West Jaguar Lane Tucson AZ 85712 Marana AZ 85653 (520) 591-3535 (520) 954-9563

JOB# DATE PO/REF# DESCRIPTION

74131560 04/04/2022 16900 West 16900 West Jaguar Lane Jaguar Lane Install swap out of split gas system with down shot furnace 1900 sqft requires 5 ton system Mobile home install Property is out of town in Avra valley

Completion Notes: Installed heat pump in place of furnace tested Heat & Cooling. Unit performs well in all operation. Air flow to all rooms

PRE-WORK SIGNATURE POST-WORK SIGNATURE

03/18/2022 01:26 pm

Signed By: Signed By:

CUSTOMER MESSAGE Invoice Total: $4,950.00 Endurance Heating & Cooling ROC#334784 Deposits (-): $0.00 Thank you for choosing Endurance for all your heating and cooling needs. Payments (-): $0.00 We appreciate your business and we hope you will Total Due: $4,950.00 choose us again in the future. If our service exceeded your needs and expectations please connect with us at https://www.facebook.com/enduranceac1 We love all feedback If you have any questions or concerns please contact us 520-357-4822 [email redacted]

DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09

OSUNA ROOFING LLC. 4303 W. BEEHIVE PEAK CT. TUCSON, AZ 85746 Invoice (520)665-9422-FAX (520) 207-8770 [email redacted] www.osunaroofing.com Number 5276 ROC #279317-K42 RESIDENCIAL-COMMERIAL Date 2/19/2022

Bill To KMS 5225 E. PIMA ST. TUCSON, AZ , 85712

Project 16900 W. JAGUAR LN.

Description Amount *TEAR OFF UP TO THE WOOD

*REMOVE AND REPLACE ANY DAMAGED WOOD UP TO 5 SHEETS, ANY ADDITIONAL WOOD WILL BE PRICED AT $65 PER $9,100.00 *CLEAN THE ROOF OF ALL DEBRIS

*APPLY PAPER #15 AMERICAN FELT

*INSTALL METAL 2X2, DRIP EDGE

*INSTALL LAMINATED SHINGLES 30YRS

*INSTALL RIDGE CAP SHINGLES

*SEAL THE PENETRATIONS WITH APOC #264

*SEAL THE VENTS WITH APOC #264

*SEAL THE EXPOSED NAILS WITH APOC #264 DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09

Bill To KMS 5225 E. PIMA ST. TUCSON, AZ , 85712

Project 16900 W. JAGUAR LN.

Description Amount

*CLEAN AND HAUL AWAY ALL ROOFING DEBRIS

GARAGE

*TEAR OFF UP TO THE DECK

*CLEAN THE ROOF OF ALL DEBRIS

*APPLY PAPER #15 AMERICAN FELT

*INSTALL METAL 2X2, DRIP EDGE

*INSTALL LAMINATED SHINGLES 30YRS

*INSTALL RIDGE CAP SHINGLES

*SEAL THE PENETRATIONS W/APOC #264

*SEAL THE VENTS W/APOC #264

*SEAL THE EXPOSED NAILS WITH APOC #264

*CLEAN AND HAUL AWAY ALL ROOFING DEBRIS DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09

Bill To KMS 5225 E. PIMA ST. TUCSON, AZ , 85712

Project 16900 W. JAGUAR LN.

Description Amount

What Is Covered: Osuna Roofing LLC warrants 2 years, per the following terms and conditions here in, that we will, at no cost, make any repairs, which result from defects in workmanship furnished by Osuna Roofing LLC. What Is Not Covered: Osuna Roofing will not cover weather condition and the handling of the roof outside of our control. Some examples of conditions not covered by this warranty include: 1. Acts of Nature, Such as Hailstorms, wind, hurricane, tornado, earth quakes, lighting etc. 2. Structural movement that cause the failure of the underlying roofing structure and or the settlement of the structure, buckling, cracking of the deck, walls and the foundation over which the roof is installed. 3. Damage to the roof caused by alterations made after the completion, including structural changes, improper equipment installation, fire, application of cleaning solutions or any other modifications that affect the roof 4. Impact of foreign objects, insects, animals and foot traffic. 5. Material manufacturer’s warranty. Terms and Conditions: 1. In order to obtain performance of and warranty obligations, Customer must first notify Osuna Roofing LLC of any repairs required under this warranty. Notice may be given verbally, but in order to pursue any claim that Osuna Roofing has not honored this warranty, written notice must be given to Osuna Roofing at: 4303 W. BEEHIVE PEAK CT, Tucson, AZ 85746. 2. Repairs made by someone other than Osuna Roofing will cancel this warranty. 3. Osuna Roofing LLC must approve, in writing, any and all alterations or additions to the roof surface. Osuna RoofingLLC reserves the right to make recommendations for any new flashing materials. Failure to adhere to these recommendations will result in cancellation of this warranty 4. Because ponding and standing of water are caused by deflection, inadequate drainage and insufficient slope, Osuna Roofing LLC will not be responsible for any ponding or standing water on the roof. 5. Osuna Roofing LLC obligations to make repairs to leaks during the term of this warranty are its sole obligation to Example Customer. 6. Nothing in the warranty shall make Osuna Roofing LLC responsible in any respect for any damage to the custumer orany contents there of including the decking and fascia. It is the responsibility of the customer to periodically inspect ceilings and over hangs and report any leakage. 7. Osuna Roofing LLC shall not be liable for any incidental or consequential damages. Warranty is transferable.

-The warranty is only on work performed. If we repaired a leak, then the warranty is two years on the repaired area ONLY.-

-Maintenance is recommended every two years.-

Total $9,100.00 DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09 339E084A-A8EF-4FF1-9DF0-7D9220F73F04

KMS Realty

RESIDENTIAL SELLER Document updated: DISCLOSURE ADVISORY October 2017

WHEN IN DOUBT – DISCLOSE!

Arizona law requires the seller to disclose material (important) facts about the property, even if you are not asked by the buyer or a real estate agent. These disclosure obligations remain even if you and the buyer agree that no Seller’s Property Disclosure Statement (“SPDS”) will be provided.

The SPDS is designed to assist you, the seller, in making these legally required disclosures and to avoid inadvertent nondisclosures of material facts. To satisfy your disclosure obligations and protect yourself against alleged nondisclosure, you should complete the SPDS by answering all questions as truthfully and as thoroughly as possible. Attach copies of any available invoices, warranties, and leases, to insure that you are disclosing accurate information. Use the blank lines to explain your answers. If you do not have the personal knowledge to answer a questions, it is important not to guess – use the blank lines to explain the situation.

If the buyer asks you about an aspect of the property, you have a duty to disclose the information, even if you do not consider the information material.* You also have a legal duty to disclose facts when disclosure is necessary to prevent a previous statement from being misleading or misrepresented: for example, if something changes.

If you do not make the legally required disclosures, you may be subject to civil liability. Under certain circumstances, nondisclosure of a fact is the same as saying that the fact does not exist. Therefore, nondisclosure may be given the same legal effect as fraud.

If you are using the Arizona Association of REALTORS® (“AAR”) Residential Resale Real Estate Purchase Contract, the seller is required to deliver “a completed AAR Residential SPDS form to the Buyer within three (3) days after Contract acceptance.” If the Seller does not provide the SPDS as the Contract requires, the Seller is potentially in breach of the Contract, thereby enabling the Buyer to cancel the transaction and receive the earnest money deposit.

* By law, sellers are not obligated to disclose that the property is or has been: (1) a site of a natural death, suicide, homicide, or any other crime classified as a felony; (2) owned or occupied by a person exposed to HIV, or diagnosed as having AIDS or any other disease not known to be transmitted through common occupancy of real estate; or (3) located in the vicinity of a sex offender. However, the law does not protect a seller who makes an intentional misrepresentation. For example, if you are asked whether there has been a death on the property and you know that there was such a death, you should not answer “no” or “I don’t know.” Instead you should either answer truthfully or respond that you are not legally required to answer the question.

KMS Realty, 5225 E. Pima St Tucson AZ 85712 Phone: [number redacted] Fax: KMS Enterprises L.L.C. Produced with zipForm® by zipLogix, 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com KMS REALTY DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09 339E084A-A8EF-4FF1-9DF0-7D9220F73F04

KMS Realty RESIDENTIAL SELLER’S PROPERTY DISCLOSURE STATEMENT (SPDS) (To be completed by Seller) Document updated: October 2017 The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®. Any change in the pre-printed language of this form must be made in a prominent manner. No representations are made as to the legal validity, adequacy and/or effects of any provision, including tax consequences thereof. If you desire legal, tax or other professional advice, please consult your attorney, tax advisor or professional consultant.

MESSAGE TO THE SELLER: Sellers are obligated by law to disclose all known material (important) facts about the Property to the Buyer. The SPDS is designed to assist you in making these disclosures. If you know something important about the Property that is not addressed on the SPDS, add that information to the form. Prospective Buyers may rely on the information you provide. INSTRUCTIONS: (1) Complete this form yourself. (2) Answer all questions truthfully and as fully as possible. (3) Attach all available supporting documentation. (4) Use explanation lines as necessary. (5) If you do not have the personal knowledge to answer a question, use the explanation lines to explain. By signing on page 7, you acknowledge that the failure to disclose known material information about the Property may result in liability. MESSAGE TO THE BUYER: Although Sellers are obligated to disclose all known material (important) facts about the Property, there are likely facts about the Property that the Sellers do not know. Therefore, it is important that you take an active role in obtaining information about the Property. INSTRUCTIONS: (1) Review this form and any attachments carefully. (2) Verify all important information. (3) Ask about any incomplete or inadequate responses. (4) Inquire about any concerns not addressed on the SPDS. (5) Review all other applicable documents, such as CC&R’s, association bylaws, surveys, rules, and the title report or commitment. (6) Obtain professional inspections of the Property. (7) Investigate the surrounding area. THE FOLLOWING ARE REPRESENTATIONS OF THE SELLER(S) AND ARE NOT VERIFIED BY THE BROKER(S) OR AGENT(S).

PROPERTY AND OWNERSHIP 1. As used herein, “Property” shall mean the real property and all fixtures and improvements thereon and appurtenances incidental thereto, 2. plus fixtures and personal property described in the Contract. 3. PROPERTY ADDRESS: 16900 W Jaguar Lane Marana AZ 85653 (STREET ADDRESS) (CITY) (STATE) (ZIP)

4. Does the property include any leased land? Yes No 5. Explain: 6. Is the Property located in an unincorporated area of the county? Yes No If yes, and five or fewer parcels of land other than subdivided land 7. are being transferred, the Seller must furnish the Buyer with a written Affidavit of Disclosure in the form required by law. 8. LEGAL OWNER(S) OF PROPERTY: KMS Enterprises, LLC Date Purchased: 9/16/2021 9. The Property is currently: Owner-occupied Leased Estate Foreclosure x Vacant If vacant, how long? Unknown 10. If a rental property, how long? Expiration date of current lease: (Attach a copy of the lease if available.) 11. If any refundable deposits or prepaid rents are being held, by whom and how much? Explain: 12. 13. Is the legal owner(s) of the Property a foreign person pursuant to the Foreign Investment in Real Property Tax Act (FIRPTA)? 14. Yes x No If yes, consult a tax advisor; mandatory withholding may apply. 15. Is the Property located in a community defined by the fair housing laws as housing for older persons? Yes x No 16. Explain: 17. Approximate year built: 2002 . If Property was built prior to 1978, Seller must furnish the Buyer with a lead-based paint disclosure form.

18. NOTICE TO BUYER: If the Property is in a subdivision, a subdivision public report, which contains a variety of 19. information about the subdivision at the time the subdivision was approved, may be available by contacting the Arizona 20. Department of Real Estate or the homebuilder. The public report information may be outdated. www.azre.gov.

KMS Realty, 5225 E. Pima St Tucson AZ 85712 Phone: [number redacted] Fax: KMS Enterprises L.L.C. Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com KMS REALTY DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09 339E084A-A8EF-4FF1-9DF0-7D9220F73F04

Residential Seller’s Property Disclosure Statement (SPDS) >> YES NO 21. x Have you entered into any agreement to transfer your interest in the Property in any way, including rental renewals 22. or options to purchase? Explain: 23. x Are you aware if there are any association(s) governing the Property? 24. If yes, provide contact(s) information: Name: Phone #: 25. Name: Phone #: 26. If yes, are there any fees? How much? $ How often? 27. How much? $ How often? 28. x Are you aware of any association fees payable upon transfer of the Property? Explain: 29. 30. x Are you aware of any proposed or existing association assessment(s)? Explain: 31. 32. x Are you aware of any pending or anticipated disputes or litigation regarding the Property or the association(s)? 33. Explain: 34. x Are you aware of any of the following recorded against the Property? (Check all that apply): 35. Judgment liens Tax liens Other non-consensual liens 36. Explain: 37. x Are you aware of any assessments affecting this Property? (Check all that apply): 38. Paving Sewer Water Electric Other 39. Explain: 40. x Are you aware of any title issues affecting this Property? (Check all that apply): 41. Recorded easements Use restrictions Lot line disputes Encroachments 42. Unrecorded easements Use permits Other 43. Explain: 44. x Are you aware if the Property is located within the boundaries of a Community Facilities District (CFD)? 45. If yes, provide the name of the CFD: 46. 47. x Are you aware of any public or private use paths or roadways on or across the Property? 48. Explain: 49. x Are you aware of any problems with legal or physical access to the Property? Explain: 50. The road/street access to the Property is maintained by the x County City Homeowners’ Association Privately 51. If privately maintained, is there a recorded road maintenance agreement? Explain: 52. x Are you aware of any violation(s) of any of the following? (Check all that apply): 53. Zoning Building Codes Utility Service Sanitary health regulations 54. Covenants, Conditions, Restrictions (CC&R’s) Other (Attach a copy of notice(s) of violation if available.) 55. Explain: 56. 57. x Are you aware of any homeowner’s insurance claims having been filed against the Property? 58. Explain: 59. NOTICE TO BUYER: Your claims history, your credit report, the Property’s claims history and other factors may 60. affect the insurability of the Property and at what cost. Under Arizona law, your insurance company may cancel 61. your homeowner’s insurance within 60 days after the effective date. Contact your insurance company.

BUILDING AND SAFETY INFORMATION 62. YES NO ROOF / STRUCTURAL: 63. NOTICE TO BUYER: Contact a professional to verify the condition of the roof. 64. x Are you aware of any past or present roof leaks? Explain: 65. 66. x Are you aware of any other past or present roof problems? Explain: 67. >> Residential Seller’s Property Disclosure Statement (SPDS) Updated: October 2017 • Copyright © 2017 Arizona Association of REALTORS®. All rights reserved. Initials> BUYER BUYER

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com KMS REALTY DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09 339E084A-A8EF-4FF1-9DF0-7D9220F73F04

Residential Seller’s Property Disclosure Statement (SPDS) >> YES NO 68. x Are you aware of any roof repairs? Explain: 69. New - See attached invoice from Osuna Roofing 70. x Is there a roof warranty? (Attach a copy of warranty if available.) 71. x If yes, is the roof warranty transferable? Cost to transfer $0 72. x Are you aware of any interior wall/ceiling/door/window/floor problems? Explain: 73. 74. x Are you aware of any cracks or settling involving the foundation, exterior walls or slab? Explain: 75. 76. x Are you aware of any chimney or fireplace problems, if applicable? Explain: 77. 78. x Are you aware of any damage to any structure on the Property by any of the following? (Check all that apply): 79. Flood Fire Wind Expansive soil(s) Water Hail Other 80. Explain: 81. WOOD INFESTATION: 82. Are you aware of any of the following: 83. x Past presence of termites or other wood destroying organisms on the Property? 84. x Current presence of termites or other wood destroying organisms on the Property? 85. x Past or present damage to the Property by termites or other wood destroying organisms? 86. Explain: 87. 88. x Are you aware of past or present treatment(s) of the Property for termites or other wood destroying organisms? 89. If yes, date last treatment was performed: 90. Name of treatment provider(s): 91. x Is there a treatment warranty? (Attach a copy of warranty if available.) 92. If yes, is the treatment warranty transferable? 93. NOTICE TO BUYER: Contact Office of Pest Management for past termite reports or 94. treatment history. 95. HEATING & COOLING: 96. Heating: Type(s) ___________________________________________________________________________________________ Heat Pump Split System 97. Approximate Age(s) ________________________________________________________________________________________ 4/4/2022 98. Cooling: Type(s) ___________________________________________________________________________________________ AC Central 99. Approximate Age(s) 4/4/2022 100. x Are you aware of any past or present problems with the heating or cooling system(s)? 101. Explain: 102. PLUMBING: 103. x Are you aware of the type of water pipes, such as galvanized, copper, PVC, CPVC or polybutylene? 104. If yes, identify: 105. x Are you aware of any past or present plumbing problems? Explain: 106. 107. x Are you aware of any water pressure problems? Explain: 108. Type of water heater(s): Gas x Electric Solar Approx. age(s): 109. x Are you aware of any past or present water heater problems? Explain: 110. 111. x Is there a landscape watering system? If yes, type: automatic timer manual both 112. x If yes, are you aware of any past or present problems with the landscape watering system? 113. Explain: 114. x Are there any water treatment systems? (Check all that apply): 115. water filtration reverse osmosis water softener Other 116. Is water treatment system(s) owned leased (Attach a copy of lease if available.) 117. x Are you aware of any past or present problems with the water treatment system(s)? 118. Explain: >> Residential Seller’s Property Disclosure Statement (SPDS) Updated: October 2017 • Copyright © 2017 Arizona Association of REALTORS®. All rights reserved. Initials> BUYER BUYER

Residential Seller’s Property Disclosure Statement (SPDS) >> YES NO 119. SWIMMING POOL/SPA/HOT TUB/SAUNA/WATER FEATURE: 120. x Does the Property contain any of the following? (Check all that apply): 121. Swimming pool Spa Hot tub Sauna Water feature 122. If yes, are either of the following heated? Swimming pool Spa If yes, type of heat: 123. Are you aware of any past or present problems relating to the swimming pool, spa, hot tub, sauna or water feature? 124. Explain: 125. ELECTRICAL AND OTHER RELATED SYSTEMS: 126. x Are you aware of any past or present problems with the electrical system? Explain: 127. 128. x Is there a security system? If yes, is it (Check all that apply): 129. Leased (Attach copy of lease if available.) Owned Monitored Other 130. x Are you aware of any past or present problems with the security system? Explain: 131. 132. x Does the Property contain any of the following systems or detectors?(Check all that apply): 133. x Smoke/fire detection Fire suppression (sprinklers) Carbon monoxide detector 134. If yes, are you aware of any past or present problems with the above systems? Explain: 135.

136. MISCELLANEOUS: 137. x Are you aware of any animals/pets that have resided in the Property? If yes, what kind: 138. 139. x Are you aware of or have you observed any of the following on the Property? (Check all that apply): 140. Scorpions Rabid animals Bee swarms Rodents Reptiles Bed Bugs Other: 141. Explain: 142. x Has the Property been serviced or treated for pests, reptiles, insects, birds or animals? If yes, how often: 143. Name of service provider(s): Date of last service: 144. x Are you aware of any work done on the Property, such as building, plumbing, electrical or other improvements or 145. alterations or room conversions? (If no, skip to line 156.) 146. Explain: Repairs and upgrades completed by Pima Ventures LLC, ROC# 291256 147. 148. 149. 150. x Were permits for the work required? Explain: We installed new HVAC unit. Invoice Date: 4/5/2022 151. x If yes, were permits for the work obtained? Explain: 152. x Was the work performed by a person licensed to perform the work? Explain: 153. x Was approval for the work required by any association governing the property? Explain: No HOA 154. If yes, was approval granted by the association? Explain: 155. x Was the work completed? Explain: 156. x Are there any security bars or other obstructions to door or window openings? Explain: 157. x Are you aware of any past or present problems with any built-in appliances? Explain: 158. 159. x Are there any leased propane tanks, equipment or other systems on the Property? (Attach a copy of lease if available.) 160. Explain: 161.

Residential Seller’s Property Disclosure Statement (SPDS) >> UTILITIES 162. DOES THE PROPERTY CURRENTLY RECEIVE THE FOLLOWING SERVICES? YES NO PROVIDER 163. x Electricity: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tucson Electric Power 164. x Fuel: x Natural gas Propane Oil . . . . . . . . . . . . . Southwest Gas 165. x Cable / Satellite: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166. x Internet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167. x Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168. x Garbage Collection: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169. x Fire: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Avra Valley Fire 170. x Irrigation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171. x Water Source: 172. x Public Private water co. Hauled water . . . . . . . City of Tucson 173. Private well Shared well If water source is a private or shared well, complete and attach 174. Domestic Water Well/Water Use Addendum.

175. NOTICE TO BUYER: If the Property is served by a well, private water company or a municipal water provider, 176. the Arizona Department of Water Resources may not have made a water supply determination. 177. For more information about water supply, or any of the above services, contact the provider. 178. x Are you aware of any past or present drinking water problems? Explain: 179. 180. x U.S. Postal Service delivery is available at: x Property Cluster Mailbox Post Office Other 181. x Are there any alternate power systems serving the Property? (If no, skip to line 190.) 182. If yes, indicate type (Check all that apply): 183. Solar Wind Generator Other 184. Are you aware of any past or present problems with the alternate power system(s)? Explain: 185. 186. x Are any alternate power systems serving the Property leased? Explain: 187. 188. If yes, provide name and phone number of the leasing company (Attach copy of lease if available): 189. 190. NOTICE TO BUYER: If the Property is served by a solar system, Buyer is advised to read all pertinent 191. documents and review the cost, insurability, operation, and value of the system, among other items.

ENVIRONMENTAL INFORMATION YES NO 192. x Are you aware of any past or present issues or problems with any of the following on the Property? (Check all that apply): 193. Soil settlement/expansion Drainage/grade Erosion Fissures Dampness/moisture Other 194. Explain: 195. x Are you aware of any past or present issues or problems in close proximity to the Property related to any of 196. the following? (Check all that apply): 197. Soil settlement/expansion Drainage/grade Erosion Fissures Other 198. Explain:

199. NOTICE TO BUYER: The Arizona Department of Real Estate provides earth fissure maps to any member 200. of the public in printed or electronic format upon request and on its website at www.azre.gov. 201. x Are you aware if the Property is subject to any present or proposed effects of any of the following? (Check all that apply): 202. Airport noise Traffic noise Rail line noise Neighborhood noise Landfill Toxic waste disposal 203. Odors Nuisances Sand/gravel operations Other 204. Explain: 205. x Are you aware if any portion of the Property has ever been used as a "Clandestine drug laboratory" (manufacture of, 206. or storage of, chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD)? Residential Seller’s Property Disclosure Statement (SPDS) >> Updated: October 2017 • Copyright © 2017 Arizona Association of REALTORS®. All rights reserved. Initials> BUYER BUYER

Residential Seller’s Property Disclosure Statement (SPDS) >> YES NO 207. x Are you aware if the Property is located in the vicinity of a public or private airport? 208. Explain:

209. NOTICE TO SELLER AND BUYER: Pursuant to Arizona law a Seller shall provide a written disclosure to the Buyer 210. if the Property is located in territory in the vicinity of a military airport or ancillary military facility as delineated 211. on a map prepared by the State Land Department. The Department of Real Estate also is obligated to record 212. a document at the County Recorder’s Office disclosing if the Property is under restricted air space and to 213. maintain the State Land Department Military Airport Map on its website at www.azre.gov. 214. x Is the Property located in the vicinity of a military airport or ancillary military facility? 215. Explain: 216. x Are you aware of the presence of any of the following on the Property, past or present? (Check all that apply): 217. Asbestos Radon gas Lead-based paint Pesticides Underground storage tanks Fuel/chemical storage 218. Explain: 219. x Are you aware if the Property is located within or subject to any of the following ordinances? (Check all that apply): 220. Superfund / WQARF / CERCLA Wetlands area Natural Area Open Spaces 221. x Are you aware of any open mine shafts/tunnels or abandoned wells on the Property? 222. If yes, describe location: 223. x Are you aware if any portion of the Property is in a flood plain/way? Explain: 224.

225. NOTICE TO BUYER: Your mortgage lender [may] [will] require you to purchase flood insurance in 226. connection with your purchase of this property. The National Flood Insurance Program provides for the 227. availability of flood insurance and establishes flood insurance policy premiums based on the risk of flooding 228. in the area where properties are located. Recent changes to federal law (The Biggert-Waters Flood Insurance 229. Reform Act of 2012 and the Homeowner Flood Insurance Affordability Act of 2014, in particular) will result in 230. changes to flood insurance premiums that are likely to be higher, and in the future may be substantially 231. higher, than premiums paid for flood insurance prior to or at the time of sale of the property. As a result, 232. purchasers of property should not rely on the premiums paid for flood insurance on this property previously 233. as an indication of the premiums that will apply after completion of the purchase. In considering purchase of 234. this property you should consult with one or more carriers of flood insurance for a better understanding of 235. flood insurance coverage, current and anticipated future flood insurance premiums, whether the prior 236. owner’s policy may be assumed by a subsequent purchaser of the property, and other matters related to the 237. purchase of flood insurance for the property. You may also wish to contact the Federal Emergency 238. Management Agency (FEMA) for more information about flood insurance as it relates to this property.

239. x Are you aware of any portion of the Property ever having been flooded? Explain: 240. 241. x Are you aware of any water damage or water leaks of any kind on the Property? Explain: 242. 243. x Are you aware of any past or present mold growth on the Property? If yes, explain: 244.

SEWER/WASTEWATER TREATMENT YES NO 245. x Is the entire Property connected to a sewer? 246. x If no, is a portion of the Property connected to a sewer? Explain: 247. 248. If the entire Property or a portion of the Property is connected to a sewer, has a professional verified the sewer connection? 249. If yes, how and when: 250. NOTICE TO BUYER: Contact a professional to conduct a sewer verification test. 251. Type of sewer: Public Private Planned and approved sewer system, but not connected 252. Name of Provider: >> Residential Seller’s Property Disclosure Statement (SPDS) Updated: October 2017 • Copyright © 2017 Arizona Association of REALTORS®. All rights reserved. Initials> Page 6 of 7 BUYER BUYER Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com KMS REALTY DocuSign Envelope ID: D9CAA553-8FF5-4F50-847E-8517A9C93A09 339E084A-A8EF-4FF1-9DF0-7D9220F73F04

Residential Seller’s Property Disclosure Statement (SPDS) >> YES NO 253. Are you aware of any past or present problems with the sewer? Explain: 254. x Is the Property served by an On-Site Wastewater Treatment Facility? (If no, skip to line 267.) 255. If yes, the Facility is: x Conventional septic system Alternative system; type: 256. x If the Facility is an alternative system, is it currently being serviced under a maintenance contract? 257. If yes, name of contractor: Phone #: 258. Approximate year Facility installed: Unknown (Attach copy of permit if available.) 259. x Are you aware of any repairs or alterations made to this Facility since original installation? 260. Explain: 261. 262. Approximate date of last Facility inspection and/or pumping of septic tank: Unknown 263. x Are you aware of any past or present problems with the Facility? Explain: 264. 265. NOTICE TO SELLER AND BUYER: The Arizona Department of Environmental Quality requires a Pre-Transfer 266. Inspection of On-Site Wastewater Treatment Facilities on re-sale properties.

OTHER CONDITIONS AND FACTORS 267. What other material (important) information are you aware of concerning the Property that might affect the buyer’s decision-making 268. process, the value of the Property, or its use? Explain: 269.

ADDITIONAL EXPLANATIONS 270. All information is deemed reliable but is not guaranteed and should be independently verifed. Seller has never lived in 271. or rented property and has limited knowledge. Buyer is encouraged to perform inspections and due diligence. 272. See attached list and invoices for work completed at this home by Pima Ventures LLC, ROC# 291256 273. 274. 275. 276. 277. 278. 279. 280. SELLER CERTIFICATION: Seller certifies that the information contained herein is true and complete to the best of Seller’s 281. knowledge as of the date signed. Seller agrees that any changes in the information contained herein will be disclosed in writing by Seller 282. to Buyer prior to Close of Escrow, including any information that may be revealed by subsequent inspections. Seller acknowledges 283. receipt of Residential Seller Disclosure Advisory titled When in Doubt — Disclose. 284. 12/16/2022 SELLER’S SIGNATURE MO/DA/YR SELLER’S SIGNATURE MO/DA/YR KMS Enterprises L.L.C. 285. Reviewed and updated: Initials: / SELLER SELLER MO/DA/YR 286. BUYER’S ACKNOWLEDGMENT: Buyer acknowledges that the information contained herein is based only on the Seller’s actual 287. knowledge and is not a warranty of any kind. Buyer acknowledges Buyer’s obligation to investigate any material (important) facts in 288. regard to the Property. Buyer is encouraged to obtain Property inspections by professional independent third parties and to 289. consider obtaining a home warranty protection plan. 290. NOTICE: Buyer acknowledges that by law, Sellers, Lessors and Brokers are not obligated to disclose that the Property is or has been: (1) the site 291. of a natural death, suicide, homicide, or any other crime classified as a felony; (2) owned or occupied by a person exposed to HIV, diagnosed as 292. having AIDS or any other disease not known to be transmitted through common occupancy of real estate; or (3) located in the vicinity of a sex offender. 293. By signing below, Buyer acknowledges receipt only of this SPDS. If Buyer disapproves of any items provided herein, Buyer 294. shall deliver to Seller written notice of the items disapproved as provided in the Contract.

295. BUYER’S SIGNATURE MO/DA/YR BUYER’S SIGNATURE MO/DA/YR

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com KMS REALTY Complainant: Heather Wruck 16900 W Jaguar Ln Marana, AZ 85653