2023A-10347-CHC-ROC Notice of Hearing and Packet MAILED

2023A-10347-CHC-ROC · Registrar of Contractors · 2023-10-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Joshua Baldwin , Case No. 2023-10347 COMPLAINANT, Docket No. 2023A-10347-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Oak Craft Inc License No. ROC 274336,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 11, 2023 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 October 13, 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 31, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail October 31, 2023 to:

Respondent(s) Oak Craft Inc 7733 W Olive Ave Peoria, AZ 85345 Complainant(s) Joshua Baldwin 5250 E Deer Valley Dr #356 Phoenix, AZ 85054

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. 2023-10347 /

Complainant: Joshua Baldwin 5250 E Deer Valley Dr. Unit #356 Phoenix, AZ 85054

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: Oak Craft Inc 7733 W Olive Ave Peoria, AZ 85345

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 September 7, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-10347

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for September 22, 2023 at 1:00 PM. 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, Robert Di Alto Robert Di Alto Investigator 602 7716758 [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 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.

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 Jobsite Inspection Notes

Case No.: 2023-10347 Investigator: Robert Di Alto Inspection Date: September 22, 2023 Inspection Time: 1:00 PM

Complainant: Joshua Baldwin Respondent: Oak Craft 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-720. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item: 1- Damaged/Uneven/Poorly Functioning Cabinets; Investigator’s Observation: Verified. I observed the wall cabinet next to the Range hood is missing a matching finished skin and is finished differently than the matching wall cabinet at the right side of the range hood. I appears that the dado cut and the wall cabinet box right side panel exhibit a different reveal due to this defect. The Complainant stated that the Respondent had attempted to install the panel so that it would match the other cabinet, but that the edge of the panel was visible and would not fit properly. The complaint item does not meet professional industry standards, Respondent to correct 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.

Complaint Item: 2- Cracked back panel; Investigator’s Observation: The Complainant indicated that this complaint item was referencing the cabinet door at the back of the island base cabinet on the left side had been corrected by the Respondent prior to the jobsite inspection. No further action required by the Respondent. . Governing Rule: N/A

Complaint Item: 3- Cracked back panel at site of screw Insertion; Investigator’s Observation: I observed a small superficial split, approximately 3/8” to ½” at the pantry cabinet’s interior back panel. This can be typical when using metal finish washers with fasteners used to attach the cabinet to the wall studs. The complaint 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

item is not affecting the structural integrity of the cabinet and meets minimum professional industry standards. No further action required by the Complainant.

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

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

Complaint #2023-10347 P 1 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complaint #2023-10347 P 2 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complaint #2023-10347 P 3 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complaint #2023-10347 P 4 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complaint #2023-10347 P 5 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complaint #2023-10347 P 6 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complaint #2023-10347 P 7 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complaint #2023-10347 P 8 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complaint #2023-10347 P 9 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complaint #2023-10347 P 10 JSI date 09/22/2023 at 2:00 PM JSI PHOTOS Complainant: Joshua Baldwin 5250 E Deer Valley Dr. Unit #356 Phoenix, AZ 85054

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: Oak Craft Inc 7733 W Olive Ave Peoria, AZ 85345

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 27, 2023

License No. ROC 274336

Re:Complaint No. 2023-10347

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 10/10/20023.

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

Complaint Item: 3- Cracked back panel at site of screw Insertion; Investigator’s Observation: I observed a small superficial split, approximately 3/8” to ½” at the pantry cabinet’s interior back panel. This can be typical when using metal finish washers with fasteners used to attach the cabinet to the wall studs. The complaint item is not affecting the structural integrity of the cabinet and meets minimum professional industry standards. No further action required by the Complainant. Governing Rule: N/A

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

Sincerely,

Robert Di Alto Robert Di Alto Investigator 602 7716758 [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 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Joshua Baldwin, Case No. 2023-10347 COMPLAINANT, v.

Oak Craft Inc, CITATION License No. ROC 274336,

RESPONDENT.

The Registrar issues this Citation to Oak Craft Inc (“Respondent”) under A.R.S. § 32- 1155(A). If Respondent fails to answer this Citation by October 28, 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 September 6, 2023, Joshua Baldwin (“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. 2023-10347. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] 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

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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than October 28, 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 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-

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 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. Dated October 13, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 13, 2023 to:

Respondent Certified Mail No: [number redacted]

Oak Craft Inc 7733 W Olive Ave Peoria, AZ 85345 Copy mailed by USPS First Class Mail this same date to: Respondemt Oak Craft Inc 7733 W Olive Ave Peoria, AZ 85345 Complainant Joshua Baldwin 5250 E Deer Valley Dr #356 Phoenix, AZ 85054 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. 2023-10347

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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees 2023-10347

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

Josh Baldwin Mailing Address (Enter jobsite in Contract/Project section) City State Zip

5250 E Deer Valley Dr. Unit #356 Phoenix Arizona 85054 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)

Oak Craft Inc ROC 274336 Street Address City State Zip

7733 W Olive Ave Peoria AZ 85345 Phone Number Email

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

Biagio Fiasche Contract/Project Information Contract Date Contract Amount Amount Paid

November 3, 2021 $111,446.00 $111,446.00 Date Work Started Date Work Stopped Date Work Was Completed

January 1, 2021 October 1, 2022 October 1, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

October 5, 2022 October 5, 2022 Jobsite Street Address City State Zip

5250 E Deer Valley Dr. Phoenix AZ 85054 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text 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 N/A This project was Residential This project involved New Home

A building permit was obtained by Contractor 21036611 Phoenix 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)

Damaged/Uneven/Poorly Functioning Cabinets/Cracked back panel at site of screw Insertion

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

Josh Baldwin \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ADDENDUM TO THE REAL ESTATE PURCHASE CONTRACT ROC LEGAL CONVEYANCE, TITLE INSURANCE, ESCROW AND CLOSING

TODAY’S DATE: 11/03/21

This is an Addendum to the Purchase Contract dated 11/03/21 between

The Luxe 1A, LP as the “Seller” and Joshua J.B. Baldwin as the “Buyer”.

Property Address: 5250 E. Deer Valley Drive Unit #356, Phoenix, Arizona 85054.

The following additional terms and conditions are hereby included as a part of the Purchase Contract described above. The Buyer and Seller further acknowledge and agree to the following;

1. Both Buyer and Seller hereby employ a neutral escrow company to designate an escrow agent(s) (the “Escrow Agent”) to facilitate the closing of this transaction. The Purchase Contract shall serve as escrow instructions to Escrow Agent. Upon closing, escrow agent shall cause the recording in the appropriate county offices of all necessary documents, disbursement of funds, arrange for issuance to Buyer of title insurance policy referred to below and arrange for the issuance to the lender any required title insurance policy insuring lender’s interest in the Property in the amount required by such lender. Seller and Buyer hereto grant to Escrow Agent the right to execute on their behalf an Affidavit of Value to enable recording of the deed using the Total Purchase Price as detailed in the Purchase Contract, unless instructed by the parties to the contrary.

2. Both Buyer and Seller elect to order Title Insurance through the Escrow Agent. Seller and Buyer shall equally pay for a Standard Owner’s Policy of Title Insurance insuring title in the amount of the Total Purchase Price for the Property. Title to the Property shall be conveyed by special warranty deed at the Closing free and clear of all liens and encumbrances except (i) patent and/or trademark reservations, (ii) taxes and assessments not due and payable at Closing, (iii) any liabilities, charges and obligations imposed on the Property by reason of inclusion of membership in any electrical, agricultural, hospital, community facilities or other improvement district or any water users association, if any, (iv) any declaration of covenants, conditions or restrictions for the subdivision and/or master planned community in which the Property is located and any amendments thereto, (v) easements and rights-of-way for roads, canals, ditches, drainage and public utilities, (vi) water rights, if any, (vii) Buyer’s purchase money encumbrance, if any, (ix) any other matters of record not adversely affecting the marketability of title to the Property, and (x) any other matters agreed to in writing by Buyer.

3. In addition to the Total Purchase Price for the Property, Buyer shall deposit in escrow at or prior to Closing, an amount (determined by Escrow Agent or and lender) equal to the cost of all lender financing costs (including, but not limited to credit reports, appraisal fees, inspection fees, recording fees, document preparation charges, insurance premiums, loan origination fees and points), tax service fees, 100% of escrow fee and all other escrow charges assessed against Buyer such as, impounds for taxes, interest, insurance and homeowner’s association assessments as required in the declaration of covenants, conditions and restrictions, as well may be required by the lender, and the cost of any title insurance premiums in excess of the cost of the Standard Owner’s Policy of Title Insurance as set forth above. Property Taxes, general and special assessments, homeowner association assessments, community facilities district/improvement district assessments, if any, shall be prorated as of the Closing Date based on the most recent information available to Escrow Agent without adjustment following the Closing.

This Addendum (the “Addendum”) is entered into as of the date set forth above by and between the Buyer and Seller as identified in the Purchase Contract described above. In the event of any conflict or inconsistency between the terms and conditions of the Addendum and the Purchase Contract, the terms and conditions of this Addendum shall govern and control. All other terms and conditions of the Purchase Contract remain the same.

The undersigned agrees to the aforementioned additional terms and conditions and acknowledges receipt of copy hereof.

Sales Associate: _________________________________ Buyer: _______________________________________

11/3/2021 Seller’s Associate’s Receipt Date: Date:

SELLER’S ACCEPTANCE:

By:

Its: Manager and Seller’s Authorized Agent

Unit #: 356 Buyer’s Initials__________/__________ Seller’s Initials__________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL Seller’s Acceptance Date:

For Broker Use Only: Brokerage File/Log No.: ______________Broker's Initials: ____________Date: ________________ MO/DA/YR

Unit #: 356 Buyer’s Initials__________/__________ Seller’s Initials__________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ADDENDUM TO THE REAL ESTATE PURCHASE CONTRACT ROC LEGAL ENDORSEMENT FOR EARNEST MONEY DEPOSITS

TODAY’S DATE: 11/03/21

This is an Addendum to the Purchase Contract dated 11/03/21 between

The Luxe 1A, LP as the “Seller” and Joshua J.B. Baldwin as the “Buyer”.

Property Address: 5250 E. Deer Valley Drive Unit #356, Phoenix, Arizona 85054.

The following additional terms and conditions are hereby included as a part of the Purchase Contract described above. The Buyer and Seller further acknowledge and agree to the following;

EARNEST MONEY DEPOSIT REQUIREMENTS:

A. 5% cash on Base Purchase Price and Location Premium due upon acceptance of Subdivision Public Report and execution of Purchase Contract. To be deposited in a neutral escrow account held at First American Title Company. B. 5% cash on Base Purchase Price and Location Premium due after the Framing Stage of construction. To be deposited with Seller, The Luxe 1A, LP. At this same time, all deposits and payments by Buyer may be released to the Seller and used by the Seller after the framing stage of construction.

C. 25% cash on the Total Options/Upgrades up to $50,000.00 + 75% Promissory Note on Total Options/Upgrades.

D. 100% cash on the remaining amounts of Total Options/Upgrades over $50,000.00.

E. Any Earnest Money Deposits made on canceled Options/Upgrades will not be returned to Buyer but will be credited to Buyer at Close of Escrow detailed on the Closing Settlement Statement.

The undersigned agrees to the aforementioned additional terms and conditions and acknowledges receipt of copy hereof.

Sales Associate: _________________________________ Buyer: _______________________________________

11/3/2021 Seller’s Associate’s Receipt Date: Date:

SELLER’S ACCEPTANCE:

By:

Its: Manager and Seller’s Authorized Agent

Seller’s Acceptance Date:

For Broker Use Only: Brokerage File/Log No.: ______________Broker's Initials: ____________Date: ________________ MO/DA/YR

ADDENDUM #: 1

TODAY’S DATE: 11/03/2021 11/3/2021 This is an Addendum to the Purchase Contract dated between

The Luxe 6A LP as the “Seller” and Joshua J.B. Baldwin

as the “Buyer”.

Property Address: 5250 E. Deer Valley Drive, Unit #356 , Phoenix, Arizona 85054.

The following additional terms and conditions are hereby included as a part of the Purchase Contract described above:

It is the sincere intention of the Seller to have the Builder complete construction of the Unit within two (2) years after the date the Buyer signs and Seller accepts this Purchase Contract. However, since COVID-19 Pandemic, the disruption in timely receiving construction materials and supplies compounded by the shortage of labor to complete the work has been unprecedented and therefore, Seller may exercise Seller’s right for extensions in scheduling the completion of construction. Pursuant to Section 10(c) in the Purchase Contract, Seller makes no representation as to the specific start date, completion date, utility turn on date, or schedule of construction other than set forth in this Purchase Contract. No person other than an authorized officer of Seller has any authority to so bind completion dates. In the event of delays resulting from causes beyond the reasonable control of Seller, the time for Closing shall be extended for a period of time equal to the length of the delay attributable to such cause, and Seller shall not be liable for any failure or delay in construction caused by reasons that support a judicial finding of impossibility of performance of Completion of Construction, including without limitation, labor or trade shortage, Acts of God, strike, war, civil unrest, government delays, recession or other economic factors, fire, casualty, and all legally supportive justifications under the laws of the State of Arizona or Maricopa County, which would excuse Seller from completion the Unit within such two (2) year period.

The undersigned agrees to the additional terms and conditions and acknowledges receipt of copy hereof. All other terms and conditions of the Purchase Contract remain the same.

Sales Associate Buyer

11/3/2021 Seller’s Associate’s Receipt Date: _________ Buyer

Date: ________________

SELLER’S ACCEPTANCE:

By:

Its: Manager and Seller’s Authorized Agent

Seller’s Acceptance Date:

For Broker Use Only: Brokerage File/Log No.______________Broker's Initials____________Date________________ MO/DA/YR DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

CONTINGENCY Y NO CO-BROKE Y NO Unit Construction Stage: To Be Built Under Construction X Spec X

RESIDENTIAL REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT (the “Purchase Contract”) (THIS PURCHASE CONTRACT REQUIRES STRICT COMPLIANCE WITH THE NOTICE PROVISIONS OF A.R.S. SECTION 12-1363, et seq. OTHER DISPUTES SHALL BE RESOLVED BY MEDIATION AND ARBITRATION)

SELLER: The Luxe 6A, LP., an Arizona limited partnership with its principal office at 9300 E. Raintree Drive, Suite 100, Scottsdale, Arizona 85260.

BUYER: Joshua J.B. Baldwin Marital Status:

Taking Title as: Sole and Separate; Joint Tenants with Right of Survivorship; Community Property with Right of Survivorship; Other:_________________

Current 5350 E Deer Valley Dr #1260 Address: Phoenix, AZ 85054 Home Phone: (480) 787-1177 Other Phone: E-mail Address: [email redacted]

Brokers: If a licensed Arizona Real Estate agent accompanied Buyer to the Sales Office on their first visit and has completed a valid Client Registration Form, a pre-negotiated co-broker fee or commission will be paid to the brokerage of the Real Estate agent upon close of escrow. Other than N/A, Buyer promises Buyer has not employed, and will defend, indemnify and hold Seller harmless from the claims of, any real estate broker or other individual or entity claiming the right to any fee as a result of having represented Buyer. Seller does not use Sub-Agents; therefore, the listed broker named in the approved Client Registration Form, if any, is Buyer’s Broker Agent and exclusive Agent of the Buyer. Buyer further understands the Broker Agent procuring this sale on Seller's behalf is Seller's agent and exclusive Agent of the Seller. No commissions shall be paid by Seller whatsoever if Closing does not occur. All pre-negotiated co-broker fee or commissions paid to the brokerage of the Real Estate agent will be based on the Total BASE Purchase Price of the Unit and will NOT include the Location Premium.

Buyer’s Intent: Buyer represents that his/her/its intent is to use the Unit for (i) Primary Residence_X__; (ii) Second Home____; (iii) Other ____.

Buyer's Initials________/________ Seller's Initials_________

1. Property. ("Buyer") hereby offers to purchase from The Luxe 6A, LP ("Seller"), a condominium unit (the "Unit") located at 5250 E. Deer Valley Drive, Phoenix, AZ 85054 in the Master Plan Desert Ridge (the “Project”) and legally described as Unit #: 356, Building _6A__, The Luxe 6A (collectively the “Property”).

2. Purchase Price. The total purchase price and estimated payment of monies with regard to this transaction is as follows: I. A. Total Base Purchase Price of Unit: $698,970.00

B. Location Premium: $79,030.00 Interior Upgrades selected and installed by the Seller: Subtotal of I. A. and I. B. $111,466.00 $889,466.00 C. Initial Earnest Money Deposit: check__ other____ $0.00

D. 10% Earnest Money Deposit due upon Executions of Purchase Agreement: check__ other ________ __ $88,946.60

Unit #: 356 1 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 The term “Deposit(s) or Earnest Money” will be collectively referred to as the Initial Deposit and all subsequent deposits delivered by Buyer ROCto Seller LEGAL prior to Closing (as defined in Section 6). In the event the Buyer fails to deposit or pay any amount required by this Purchase Contract or any additional payment schedule when due, Seller shall have the option to cancel this Purchase Contract and Buyer shall be subject to a processing fee of Five Hundred Dollars ($500.00) (“Processing Fee”). Buyer and Seller agree that damages in the event of such cancellation are difficult to estimate and that all of the Deposits and payments set forth in this Purchase Contract and any addendum hereto, are a reasonable estimate of damages. Therefore, all such Deposits and payments shall be liquidated damages and may be withheld by Seller to reasonably compensate it for losses incurred in the event of such cancellation. The provision of a check for which payment is subsequently stopped or which the bank refuses to honor because of insufficient funds shall be deemed a failure to make a Deposit or payment on the specified due date. All earnest money deposits, down payments and other advanced money paid by Buyer to Seller shall be made payable to and deposited in a neutral escrow account with Pioneer Title Agency. All deposits and payments by Buyer may be released to the Seller and used by the Seller after the framing stage of construction. This means the Buyer assumes the risk of losing such monies if Seller is unable or unwilling to perform under the terms of this Purchase Contract. Buyer shall not be entitled to interest thereon.

By initialing Buyer indicates approval of section 2 I. of Purchase Contract Buyer's Initials________/________

II. E. Total Options/Upgrades (2 II. E. is pursuant to Section 5 of Purchase Contract)

F. TOTAL PURCHASE PRICE (2 I. A., 2 I. B. and 2 II. E.)

G. Options/Upgrades Deposit: (25% of all options/upgrades up to $50,000 refer to Section 5) Payment of Options/Upgrades Deposit to be made to Statesman Design, LLC

H. Total of all Deposits: (2 I. C., 2 I. D. and 2 II. G.)

I. Balance due at Closing (F minus H) (exclusive of lender closing costs and pre-paids):

By initialing Buyer indicates approval of Section 2 II of Purchase Contract Buyer's Initials________/________

III. Verification of Funds. If requested by Seller, Buyer agrees to provide to Seller within 5 business days bank statement(s) or other documentation sufficient to establish that the Buyer has cash, liquid assets or financing in place for the Purchase Price as outlined in 2 I A above. Failure to provide the required verification of funds will be deemed a material breach of this Purchase Contract.

By initialing Buyer indicates approval of section 2 III of Purchase Contract Buyer's Initials________/________

3. Mortgage Program ("Loan Program"). A. Lender: __________________________________________ Should lender be changed during the Escrow Period, all terms and conditions contained herein shall apply to the new Lender. Once the Buyer has submitted an application to the Lender, Buyer may not withdraw same or change lenders without prior written approval from Seller. Provided that Seller has given its consent to said withdrawal or change of Lender, Buyer agrees to pay to Seller an administrative fee in the amount of Five Hundred Dollars ($500.00). Any financing arrangement or incentives offered by Lender in connection with any loan will be solely between Buyer and Lender, and Seller shall have no responsibility or liability in conjunction therewith. Should Buyer choose to close a Loan with a Lender not authorized by Seller, Buyer shall not be entitled to receive any Preferred Lender incentive from Seller. THERE WILL BE NO LENDER CHANGES ACCEPTED BY SELLER WITHIN THIRTY (30) DAYS OF THE SCHEDULED CLOSING DATE.

Buyer agrees to make loan application within 10 (ten) business days of Buyer's execution of this Purchase Contract and will apply for the Loan on the Unit in the amount and with the Lender specified above. If Buyer obtains a Loan from the Lender, the Lender shall give Seller written notice of its approval of Buyer and its commitment to make the Loan to Buyer, satisfactory in form and content to Seller, in Seller's sole discretion, not later than thirty (30) days after Buyer's execution of this Purchase Contract (the "Commitment Date"). If the Lender selected by Buyer is not a Preferred Lender and/or has no prior history of successful closings at the Property, Seller may require that Buyer instruct its Lender to provide weekly underwriting updates to Seller to provide adequate assurances that Buyer’s Lender will be able to close the transaction contemplated herein on the Closing Date. If Buyer or its Lender fails to provide Seller weekly underwriting updates upon request, Seller may qualify Buyer for a Loan under a loan program other than that specified above and through a different Lender. B. Buyer agrees to use its best efforts to promptly, diligently and in good faith provide all information and documents required by Lender in order to obtain prompt approval of Buyer's Loan application, and to execute such further documents and instruments and perform such acts as are reasonably necessary to obtain the Loan. Buyer's failure to do so shall be a material default by Buyer under this Purchase Contract and, in such event Seller shall be entitled to exercise any one or all of those remedies set forth in Section 23. Any Buyer who withholds, manipulates, or provides false information resulting in a loan rejection, regardless of intent, will be in default hereunder. Buyer acknowledges and understands that the obligation to apply for and diligently pursue the Loan is for the protection of Seller who has removed the Property from the market in specific reliance upon Buyer's obligations hereunder and that Seller would be materially and substantially injured if Buyer failed to use its best efforts to obtain the Loan.

Unit #: 356 2 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 C. Buyer agrees that Lender may qualify Buyer for a Loan under a loan program other than that specified above if Buyer is unable, for ROC LEGAL any reason whatsoever to qualify or obtain a Loan under the stated loan program. Buyer agrees to cooperate with Lender in providing all necessary information to qualify Buyer under different programs and Buyer also agrees to complete this transaction and purchase the Unit utilizing a Loan under any program for which Buyer qualifies upon such terms and provisions for such Loan program as in agreed upon by and acceptable to Buyer notwithstanding that the interest rate and/or monthly payments may be higher than that which would have been available under another program, including any program specified above.

D. Except as otherwise agreed to in writing by the parties, Buyer acknowledges and understands that: (a) the interest rate and/or fees for the Loan and the terms and conditions of the Loan are a matter of concern solely between Buyer and Lender and shall not in any way affect the rights or obligations of the parties hereto. The Loan, if applicable, is to be obtained by Buyer and Seller has no responsibility whatsoever in connection therewith including, but not limited to, “locking” of Loan interest rates; (b) Seller will cooperate with Buyer in obtaining the Loan, but Buyer acknowledges and understands that Seller has not agreed to provide or obtain any Loan to or for Buyer, nor has Seller or its agents offered any guarantee that Buyer will be able to secure any Loan or a Loan under any particular program; (c) Seller is in no way responsible for or a representative of any Lender, nor is Seller responsible for any representation, actions or omissions made by any Lender; and (d) the Loan is to be obtained by Buyer and Seller has no responsibility whatsoever in connection therewith. Buyer further acknowledges that this Purchase Contract does not constitute a loan application, a loan approval, or a commitment by any Lender or Seller. Furthermore, unless specifically stated in this Purchase Contract, Seller does not accept conditional Purchase Contracts based on the sale of Buyer’s residence, if applicable. As such, if Buyer provides a pre-qualification letter to Seller which conditions funding for the purchase in whole or in part conditioned on the sale of Buyer’s separate residence, Buyer assumes all obligations, risks and responsibilities under the Purchase Contact, including the obligation to close this transaction on the schedule closing date irrespective of the status of Buyer’s other for-sale residence.

Buyer expressly authorizes Seller the right to discuss Buyer’s financial information with the selected Lender in order for Seller to (i) obtain assurance that a valid pre-qualification has been received, and (ii) that Seller can verify Buyer funds as required pursuant to Section 2 III of the Purchase Contract. Seller does not guarantee or make any representation that any Lender, including a Preferred Lender, will be able to qualify Buyer or provide financing for Buyer’s purchase of a Unit within the Project.

Buyer's Initials________/________

4. No Oral Changes or Representations. Seller wishes to avoid any misunderstanding concerning the purchase of the Unit. It is the policy of Seller not to enter into any oral agreement or to ask any Buyer whomsoever to rely on any oral representations concerning the Unit, the Project, or the surrounding area. The entire agreement between Buyer and Seller must be expressed in writing. Buyer, therefore, shall write, in the blank space below, any and all representations or provisions which are not set out in this Purchase Contract, but which have been made by Seller or its purported agents or employees and upon which Buyer is relying on in making this purchase, and if there are none Buyer shall so indicate: NONE

5. Buyer's Extras / Options and Promissory Note. The Total Purchase Price includes the items specially selected by the Buyer to be installed in the Unit as set out in Schedule "E". Upon notification from the Seller, within thirty (30) days the Buyer agrees to (1) make an appointment with Seller's specified design center to select colors, styles, and other similar materials for the Unit from the available samples and to pay the additional deposit or advanced payment, if required and, (2) Buyer agrees to finalize their interior options and upgraded selections within thirty (30) days from the Buyer’s first design center appointment. Buyer's selections shall include without limitation all of Buyer's interior color and material selections including, but not limited to, carpeting, flooring, cabinetry, countertops, and all other selections necessary and appropriate in order to complete construction of the Unit. Buyer's selections shall be final and binding. Buyer’s option and upgrade packages may be limited to color board / pre-selected items depending on the stage of construction. Buyer’s ability to customize his/her unit outside of color board / pre-selected items is subject at all times to construction and completion schedules. It is assumed that the average options and upgrade package will cost approximately $50,000.00. Seller will accept a 25% deposit on the total options and upgrade packages of $50,000.00 or less, subject to contract terms, including the Promissory Note. Upgrade Packages more than this amount will be accepted by Seller only with 100% advanced fee payment for all monies spent in the design enter in excess of $50,000.00. If Buyer has not made such selections within the scheduled thirty (30) day time period, Seller, in Seller's sole and absolute discretion, may either assess Buyer a five hundred dollar ($500.00) late fee or make such color or other selections for Buyer and Buyer agrees, understands and accepts that in such case Seller's selections shall be binding upon Buyer. Only (a) those standard items of personal property, fixtures and equipment described in the plans and specifications for the Unit (as located in the offices of Seller), (b) those standard optional items shown on a "Change Order" accepted by both parties and stating the additional cost to Buyer therefore (collectively the "Options") and (c) those Custom Changes (as defined below) shown on a "Change Order" accepted by Seller are included in this sale. Other than those items described in the preceding sentence, no other personal property; fixtures; equipment; extra design features; decorations; floor coverings; decorator-like fixtures; wall coverings; window treatments (shutters, draperies, etc.); furniture; furnishings; mirrors; appliances; landscaping shown in any brochure, model, or in any advertisements; modifications of the Unit; or other optional items of any kind; are included in the sale. Additionally, Buyer fully understands and acknowledges that even though certain plans and specifications of Seller may show or include drawings or descriptions of various other optional items, they are not a part of this Purchase Contract and are hereby excluded unless specifically provided for in a "Change Order" accepted and signed by Seller's Authorized Agent. If Buyer does not pay 100% of all extras / options at time of execution of the Purchase Contract or at time of special order from the specified design center, then Buyer agrees to execute a Promissory Note (“Note”) in form acceptable to Seller to be surrendered by Seller at time of Closing (per Section 6 below) in exchange for cash to Seller in the amount of the Note. Should Buyer default and fail to pay all amounts due under the Note in the time periods required by the Note, then Seller reserves all rights to enforce and collect all sums due under the Note from Buyer personally, including interest, default interest, collection fees and attorney’s fees and costs. Buyer further understands and acknowledges that options and upgrades selected by Buyer may cause the Unit to not appraise for value at time of closing and Buyer unconditionally agrees to close on the Unit pursuant to Section 6 below and pay the deficiency between appraised value and purchase price if any deficiency exists. To avoid disruption, excessive wear and tear and scheduling issues, Buyer acknowledges that any and all

Unit #: 356 3 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 construction related changes, tear-out and/or renovations completed by Buyer and/or Buyers personal vendors or subcontractors are ROC LEGAL NOT permitted until such time as the two hundred and twenty three (223) Total Units within the entire project have been completed.

Buyer's Initials________/________

6. Closing. Upon completion of the Unit as contracted herein, this transaction and escrow shall close, (the "Closing") at the time specified by Seller in a verbal or written notice to Buyer. Upon receipt of such notice, Buyer shall take such steps as are necessary to effect the Closing on the date specified by Seller ("the Closing Date"), including execution of Loan documents. If Buyer fails to close on the Closing Date, but if Closing subsequently occurs, Buyer shall pay to Seller at Closing (in addition to and not in lieu of all other amounts due from Buyer under this Purchase Contract) a late closing fee equal to $250.00 per calendar day for each day from and including the Closing Date, to and excluding the actual day of Closing. This fee is in addition to (and not in lieu of) Seller's remedies under Section 23. Possession of the Unit shall remain exclusively with Seller until all amounts due hereunder have been paid and all instruments of documents required in connection with the completion of this transaction have been executed and delivered by Buyer, the Deed has been recorded and Closing has occurred. Buyer understands, acknowledges, and agrees that Buyer has the sole responsibility to arrange for utilities to be turned on to the Unit in his/her name after Closing. Any delays experienced or incurred in the scheduling of the actual date of turning on the utilities shall not permit Buyer to delay the Closing. Any delay in the Closing by Buyer due to the foregoing shall constitute a material default hereunder by Buyer. Notwithstanding anything in this Purchase Contract to the contrary, and assuming no defaults by Buyer, and provided that this Purchase Contract is not first terminated by Seller or Buyer as provided in this Purchase Contract, Seller acknowledges an absolute obligation to have the Unit substantially completed no later than two (2) years after the Effective Date of this Purchase Contract and if that is not done, except for reasons described in Section 10(c) of this Purchase Contract, Buyer may avail itself of all remedies available in equity or law. TIME IS OF THE ESSENCE WITH REGARD TO THE CLOSING.

Buyer's Initials________/________

7. Assignment Restrictions. This Purchase Contract shall not be sold or assigned by Buyer before the Close of Escrow without prior written consent of Seller which consent may be arbitrarily withheld. In the event of the death of Buyer prior to the Close of Escrow, Seller may or may not, at its option, declare this Purchase Contract canceled and return all monies paid hereunder, without interest or deduction.

8. Conveyance and Prorations. Seller shall convey title to the Unit to Buyer upon the Closing by warranty deed, subject to all matters of record but free from all monetary liens and encumbrances except that related to the Loan, if any. Once title to the Unit has been so conveyed by Seller to Buyer, all claims and demands against Seller, including without limitation any claims of negligence, shall be waived, released, and forever discharged, except, however, any claims with respect to the warranty included in Section 18. At the Closing, current year's taxes, general assessments, and homeowners' association assessments, if any, shall be prorated to the Closing Date on the basis of the latest available valuation and tax information and the current assessments of the homeowners' association(s). Escrow Agent shall also collect from Buyer for the homeowners' association(s) any working capital fund deposits, community enhancement fees, reserve accumulation fees, other prepaid deposits or transfer fees, required in accordance with the homeowners' association(s) governing documents outlined in Schedule “B”. All special assessments or improvement bonds affecting the Unit as of the acceptance date of this Purchase Contract by Seller shall be paid in full by Seller on or before Closing but Buyer shall be responsible for all special assessments or improvement bonds created thereafter.

If at the time scheduled by Seller for Closing, Seller is unable to deliver title as required herein, Buyer may allow the time herein specified for Closing to be extended for the period necessary for the Seller, to clear any unpermitted exception to title, and, upon being able to do so, Seller shall advise Buyer and the parties shall proceed to Closing within five (5) business days thereafter. If Seller determines that it cannot clear, or if Seller does not clear, the unpermitted exceptions within such period, Buyer shall have the right to cancel this Purchase Contract by giving written notice thereof to the other party and Escrow Agent. In such event, all Deposits previously paid by Buyer to Escrow Agent shall be refunded to Buyer. If Seller does clear the unpermitted exceptions prior to cancellation of this Purchase Contract, the parties shall proceed to Closing within Five (5) business days thereafter.

9. Homeowners Associations. Desert Ridge Community Association and the Toscana at Desert Ridge Condominium Association “(collectively the "Associations") have been incorporated to operate and maintain the common areas and/or common elements and facilities of the Project commonly known as Toscana at Desert Ridge and the master development common areas known as Desert Ridge. Upon recordation of the deed from Seller to Buyer for the Unit, Buyer automatically will become a member of the Associations, subject to the terms of the Declaration of Condominium and of Covenants, Conditions, & Restrictions, the Plat, the Tract Declaration(if applicable), and the Articles of Incorporation, Bylaws and Rules and Regulations for the Associations (“HOA”) have been incorporated to operate and maintain the common areas/elements and facilities of the Project and the master development common areas/elements known as Desert Ridge. The Toscana at Desert Ridge Condominium Association monthly assessment for the Unit is: approximately $862.00 per month towards common area and/or common elements, detailed in the Declarations of the HOA, of the condominium attributed including all maintenance and management expenses. The Desert Ridge Community Association (DRCA) monthly assessment for the master development common areas and/or common elements is: approximately $37.00 per month. Buyer acknowledges that the amounts listed above are estimates only and are subject to change by the Board of Directors of the Associations. The contribution comprises Buyer’s proportionate share of the estimated monthly property and management expenses of the Property and the Project. Any estimated budget, which is presented to Buyer, is for information purposes only.

10. Construction and Completion. (a) Subject to any reasonable changes or variations required by Seller, the Unit has been or is to be constructed in a workmanlike manner and in reasonable conformity with the drawing and specifications held at the office of the Seller and/or Builder. The interior and exterior finishing’s of the Unit and/or Property have been or shall be completed substantially in accordance with the description and/or drawing attached as Schedule "A", “C” and “D” hereto. Buyer acknowledges that, prior to the signing of this Purchase Contract, the Unit and easement premises drawings, if any, specifications descriptions set forth in the schedules hereto have been examined by or on behalf of Buyer and

Unit #: 356 4 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 approved by him/her/them. The Unit and/or Property will be constructed in substantial conformance with the plans and Purchase Contract ROC andLEGAL not in accordance with a model home or model unit. Seller retains the right, in their sole and absolute discretion, to make changes and adjustments to the plans provided such changes and adjustments do not adversely affect the overall design of the Unit and/or Property. Buyer acknowledges that decorations, design features, options and appliances shown in the model home(s) are not necessarily included in the Unit and/or Property. Any and all alterations, extras and/or options must be documented and evidenced by written addendum and/or change order signed by an authorized officer of the Seller. Seller retains the right to substitute materials and equipment of equal or better quality than the materials and equipment set forth in such drawings, specifications and descriptions for the Project and its facilities and improvements as may be required by any State, Federal, County or local government authority or in order to accommodate Buyer's requested changes to Seller's standard plans and specifications, provided that the changes will not materially alter the value, amenities or appearance of the Unit and the easement premises, as determined by Seller acting reasonably. (b) Buyer is aware that any model home/unit or promotional marketing materials of Seller which Buyer may have viewed prior to purchasing the Unit in the Project is for “marketing purposes” only and no representations of any type are made by the promotional marketing materials. (c) Seller will have the Builder complete construction of the Unit (“Completion of Construction”) within two (2) years after the date that Buyer signs and Seller accepts this Purchase Contract subject to certificate of occupancy by the local government agency with responsibility therefore. Seller makes no representation as to the specific start date, completion date, utility turn on date, or schedule of construction other than set forth in this Purchase Contract. No person other than an authorized officer of Seller has any authority to so bind completion dates. In the event of delays resulting from causes beyond the reasonable control of Seller, the time for Closing shall be extended for a period of time equal to the length of the delay attributable to such cause, and Seller shall not be liable for any failure or delay in construction caused by reasons that support a judicial finding of impossibility of performance of Completion of Construction, including without limitation, labor or trade shortage, Acts of God, strike, war, civil unrest, government delays, recession or other economic factors, fire, casualty, and all legally supportive justifications under the laws of the State of Arizona or Maricopa County, which would excuse Seller from completion the Unit within such two (2) year period. (d) Buyer understands that there are different methods of determining the livable square footage of a Unit. These various methods may produce varying totals. Seller has quoted square footage in the promotional marketing material provided to the Buyer that has been verified by a contracted licensed architect which will be the accepted calculation. Buyer is aware and acknowledges that the square footage calculation may not be exact to the as-built constructed square footage of the Unit, but is within a reasonable amount. (e) It is expressly agreed that the Unit, though completed as described above, may be subject to certain Punch List repairs for additional or warranty work. Within a reasonable period of time following the Closing, Seller will have the Builder remedy Punch List and warranty items and make adjustments agreed to by Buyer and Seller in a walk- through inspection which will be scheduled by Seller and Buyer either prior to or immediately after the Closing. The existence of any such Punch List or warranty items or other non-structural defects which do not preclude the Unit from being occupied and/or “livable” as a residence shall not entitle Buyer to cancel this Purchase Contract, withhold funds at Closing, or delay the Closing. “Livable” shall mean that the City has committed to issue a Certificate of Occupancy for the Unit within the Project.

11. Buyer's Actions PRIOR to Closing. If Buyer violates this Section 11, it shall be a material default under this Purchase Contract. Buyer agrees not to enter the construction site and Unit without an authorized party or do or cause to be done any work or alteration of any nature whatsoever, in or about the Unit. Buyer’s failure to comply with these policies shall result in a one hundred dollar ($100.00) per incident charge to Buyer assessed at closing.

Buyer's Initials________/________

12. Escrow. The Escrow Company shall be Pioneer Title Agency. This Purchase Contract shall serve as the escrow instructions. (a) If the Escrow Company is also acting as the title agency but is not the title insurer issuing the title insurance policy, Buyer and Seller hereby request the Escrow Company to deliver to Buyer and Seller upon opening of escrow a closing protection letter from the title insurer indemnifying Buyer and Seller for all losses due to fraudulent acts or breach of escrow instructions by the Escrow Company. (b) All documents necessary to close this transaction shall be executed promptly by Seller and Buyer in the standard form used by Escrow Company. Escrow Company is hereby instructed to modify such documents to the extent necessary to be consistent with this Purchase Contract. (c) Title insurer shall issue an Eagle Owner’s Policy, of which the seller shall pay for 50% of the full rate for said policy. The buyer shall pay for all other closing costs. (d) Any documents necessary to close the escrow may be signed in counterparts, each of which shall be effective as an original upon execution, and all of which together shall constitute one and the same instrument.

13. Time of Essence. Time is of the essence of this Purchase Contract and no extension of time permitted or agreed to by Seller shall be held or construed or effect a waiver of this provision. The parties agree that the waiver of the strict performance of any condition, covenant or stipulation in this Purchase Contract shall not of itself constitute, be a waiver of, or abrogate such covenant, condition or stipulation, nor be a waiver of any subsequent breach of the same or any other covenant, condition or stipulation.

14. Effective Date. The Effective Date of this Purchase Contract shall be deemed to be the date that the Seller signs this Purchase Contract.

15. Broker/Licensee. Buyer acknowledges that Seller and certain employees of Seller or affiliates of Seller have real estate licenses issued by the State of Arizona. Except for the co-broker fee or commission that Seller may agree in writing to pay to Buyer's licensed real estate agent/broker, but which shall be binding against Seller only after acceptance and execution of a co-brokerage agreement by Seller's Authorized Agent, Buyer represents and warrants that he has not dealt with any other agents, brokers, salesmen, finders, or persons of any kind who will, might, or may make a claim for a commission or finder's fee in connection with this transaction and Buyer agrees to defend, indemnify and hold Seller harmless from and against any and all liability, responsibility, claims, losses, damages, costs, controversies, expenses, or attorney fees sustained or incurred by Seller resulting from the actions of Buyer. This Section 15 shall survive the Closing.

16. Possession and Risk of Loss. Buyer or their assigns (if permitted in accordance with Section 7) understand that they are not the legal owner of the Unit until the time their deed from Seller is recorded and Closing occurs. Buyer shall not enter the Unit or Property without Seller's prior approval, and if Buyer (with or without Seller's approval) enters the Unit or Property during the course of construction, or any time before Closing, Buyer and Buyer's family and friends, assume the risk of bodily injury or property damage arising from, caused by or related to each such Unit #: 356 5 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 unauthorized entry in or on the Unit or Property. If Buyer or a member of Buyer's family or any guests, visitor, or invitee of Buyer, enters ROCthe Unit LEGAL or Property during the course of construction or any time before closing without Seller’s prior approval, and if any such person suffers personal injury or property damage, such person hereby waives any claim therefore against Seller and Broker, their Builder and agents, and hereby releases Seller and Broker, their Builder and agents, for such personal injury or property damage. FURTHER, BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD SELLER AND THE BUILDER HARMLESS FROM AND AGAINST ANY LIABILITY, INCLUDING, BUT NOT LIMITED TO, ALL PERSONAL INJURIES, CAUSES OF ACTION AND/OR DAMAGES RELATED TO, RESULTING FROM OR CAUSED BY THE ENTRY BY BUYER, OR BUYER'S GUESTS, FAMILY, LICENSEES, OR INVITEES TO THE UNIT OR PROPERTY IN VIOLATION OF THIS SECTION 16 AT ANY AND ALL TIMES BEFORE CLOSING. Except as may be caused by Buyer's acts, omissions, or negligence (which shall be the sole and complete responsibility of Buyer), Seller shall assume the risk of loss or damage to the Unit or Property by fire or other casualty until the Closing, at which time the risk of loss shall pass to Buyer. If pre-approved by Seller, Buyer may enter the Unit or Property solely to inspect same and, as stated above in Section 11, Buyer shall not undertake any work on the Unit whatsoever prior to the Closing. Buyer’s Initials:__________/__________

17. Inconvenience and Personal Injury. Buyer understands and agrees that construction activity at the Property and Project may continue after the close of escrow and occupancy by Buyer. Such construction activity will include, but not limited to, noise and the transportation of labor, material, and equipment which may cause inconvenience to Buyer. Buyer agrees to make no claim against Seller or its Builder as a result of such construction activity. Additionally, if Buyer or a member of Buyer's family or any guests, visitor, or invitee of Buyer, goes into an area under construction, the same will be at his or her own risk, and if any such person suffers personal injury or property damage, such person hereby waives any claim therefore against Seller, and Broker, their Builder and agents, and hereby releases Seller and Broker, their Builder and agents, for such personal injury or property damage.

18. Seller Representations and Warranties. The General Contractor for the construction of the Unit and Property is BPH Construction, LLP whose Arizona contractor’s license is 320710, (hereinafter “Builder”), which is a separate entity from the Seller. Seller reserves the right to change the Builder at any time without notice to Buyer. Buyer and Seller acknowledge that under Builder’s contractual obligations, Builder warrants that all work performed by Builder in connection with the construction of the Unit or Property will be of a quality which is standard in the industry in Maricopa County, Arizona, in substantial conformance with requirements of the Arizona Registrar of Contractors, and Builder warrants to Seller all such work against defective workmanship and materials for a period of one (1) year from the date of Closing, except for “structural defects” which Builder warrants to Seller the Unit or Property against “structural defects” for a period of two (2) years from the date of Closing. Seller will require Builder, during normal business hours at its own expense, to make any and all necessary repairs and replacements, provided such repairs and replacements are necessary as a result of defective workmanship of materials and provided Builder is granted reasonable access to the Unit or Property during normal business hours. Seller and Builder’s obligations under this Warranty and under this Purchase Contract are limited to repair and replacement. No steps taken by Builder to correct defects shall extend Seller’s warranty period beyond one (1) year. This warranty is applicable only to matters reported in writing to Seller and/or Builder before the expiration of the one (1) year warranty. Seller has made no investigation to determine whether there is radon gas or other environmental pollutants either in the Unit or Property affecting the Unit or Property, although such conditions could exist anywhere in the State of Arizona; Seller has made no analysis or verification of the extent of any environmental or health hazard that may affect the Unit or Property or Buyer; and Seller makes no warranty or representation hereunder as to the presence or non-presence of radon or other hazardous environmental conditions, or the effect of any such conditions on the Unit or Property or Buyer. BUYER ACKNOWLEDGES THAT THE UNIT OR PROPERTY CANNOT BE CONSTRUCTED IN A MOLD FREE ENVIRONMENT, NOR CAN THE SELLER AND/OR BUILDER BE RESPONSIBLE FOR ANY MOLD RELATED HEALTH PROBLEMS EXPERIENCED BY BUYER OR OTHER PERSONS OCCUPYING BUYER’S UNIT OR PROPERTY. THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ALL OTHER EXPRESSED OR IMPLIED WARRNTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY AND WORKMANSHIP, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT COULD BE CONSTRUED TO COVER THE PRESENCE OF RADON OR OTHER ENVIRONMENTAL POLLUTANTS, WHICH EXCEED THE FOREGOING OBLIGATIONS ARE HEREBY DISCLAIMED AND THE SAME ARE EXCLUDED FROM THIS PURCHASE CONTRACT. ADDITIONALLY, ANY IMPLIED WARRANTY, WHICH MAY EXIST DESPITE THE ABOVE DISCLAIMER, IS HEREBY LIMITED TO THE ONE (1) YEAR DURATION OF THE EXPRESS WARRANTY. This warranty is intended to protect Buyer from faulty construction and defective materials used in the construction of the Unit or Property and does not apply to defects caused, by way of example and not as a limitation, by normal wear and tear; insubstantial variances or defects, the elements, natural disasters or other acts or events beyond the control of Seller and/or Builder; or faulty maintenance, operation, or abusive use.

Notwithstanding the foregoing, Seller’s warranty shall in no event extend to any consumer product, appliances, air conditioning units, furnaces, and water heaters and other products included in the Unit or /Property that are considered “consumer products” as defined by the Magnuson Moss Warranty Federal Trade Commission Improvement Act 15. U.S.C. Section 2301, et seq. or the regulations promulgated thereunder. The manufacturers of some products used in the Unit or Property may provide a manufacturer’s warranty. Seller and/or Builder have no obligation or responsibility for the manufacturer’s warranty. Seller and/or Builder have no obligation or responsibility for the manufacturer’s performance, and Seller and/or Builder do not warranty any of these items for any use, fitness for use, workmanship, quality, or any other purpose. If a manufacturer’s warranty has been issued to Seller and/or Builder, Seller and/or Builder hereby assign to Buyer the manufacturer or supplier’s warranty, to be effective on the date of Closing, without recourse to Seller and/or Builder, all rights under said manufacturer’s warranties, as are assignable, on appliances and any other consumer products included in the Unit/Building.

LIMITATION OF LIABILITY: IT IS UNDERSTOOD AND AGREED THAT SELLER’S AND BUILDER’S LIABILITY, WHETHER IN PURCHASE CONTRACT OR OTHERWISE, IS LIMITED TO THE REMEDY OF REPAIR OR REPLACEMENT AS SET FORTH ABOVE. UNDER NO CIRCUMSTANCES SHALL SELLER AND BUILDER BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, AND DAMAGES BASED ON A CLAIMED DIMINUTION IN THE VALUE OF THE PROPERTY OR BUYER’S INABILITY TO SELL THE PROPERTY OR ANY ACTIONS TAKEN BY ANY THIRD PARTY (EX. Unit #: 356 6 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 INSURANCE COMPANIES, APPRAISERS, OR OTHERWISE). NO ACTION, REGARDLESS OF FORM, ARISING OUTROC OF THE LEGAL TRANSACTIONS UNDER THIS PURCHASE CONTRACT MAY BE BROUGHT BY BUYER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED UNDER THE WARRANTY PROVISION HEREINABOVE PROVIDED. Notwithstanding the foregoing, if Seller breaches this Purchase Contract with respect to Seller’s obligation to substantially complete the Unit within two (2) years after the Effective Date of this Purchase Contract for reasons other than those listed in Section 10(c), Buyer may seek to recover all damages provided at equity or law.

19. Sound Transmission and Impact Sound. The Buyer acknowledges that all high-density multi-family developments do provide more exposure to sound transmissions (STC) and impact noise (IIC) than detached housing. Buyers and/or other residents or occupants should enjoy the lifestyle; however, they should also be courteous of their neighbor’s privacy and peaceful enjoyment whenever possible. Buyer acknowledges that the Seller, Builder, Agent, and any other person or employee have not made any warranty or representation regarding sound transmission and/or impact noise and shall have no liability with respect to any sounds audible within the Unit which may arise from activities in any other unit, any common elements or amenity centers of the Property, or anywhere outside the Property. This includes, without limitation, plumbing noises (running water, flushing sounds, etc.), footsteps on the hard surfaces above a Unit, elevator noise, the sounds of garage doors opening and closing, and the noise of appliances such as disposals, dishwashers and washing machines and general noise coming from owners or occupants or neighboring dining or nightlife establishments.

20. No Inducements. TO INDUCE SELLER TO ENTER INTO THIS PURCHASE CONTRACT, BUYER ACKNOWLEDGES THAT THERE ARE NO AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS, OR PROMISES OF ANY KIND THAT HAVE BEEN MADE TO INDUCE THE EXECUTION OF THIS PURCHASE CONTRACT EXCEPT AS SET FORTH IN WRITING IN THIS PURCHASE CONTRACT: THAT THIS PURCHASE CONTRACT SETS FORTH IN FULL THE ENTIRE AGREEMENT BETWEEN THE PARTIES; AND THAT BUYER HAS NOT RELIED ON ANY ORAL AGREEMENT, STATEMENT, REPRESENTATION, OR OTHER PROMISE THAT IS NOT EXPRESSED IN WRITING IN THIS PURCHASE CONTRACT. SPECIFICALLY AND EXPRESSLY, BUYER ACKNOWLEDGES THAT THE UNIT IS NOT BEING OFFERED BY SELLER FOR INVESTMENT PURPOSES AND THAT THE BUYER IS NOT RELYING ON ANY REPRESENTTIONS REGARDING THE RENTAL VALUE OF THE UNIT NOR WAS BUYER INFLUENCED TO PURCHASE THE UNIT BY THE AVAIALABILITY OR OPPORTUNITY TO RENT THE UNIT. No Salesman, Broker, Agent, Builder, Subcontractor, or Employee of Seller has any authority to modify the terms of this Section or the authority to make any oral representation or agreement upon which Buyer may rely to cancel, change, or modify any portion of this Purchase Contract. This Purchase Contract supersedes any and all prior understanding and agreements. This Purchase Contract may be amended or modified only by a written agreement signed by Buyer and Seller’s designated authorized agent.

21. Attorney’s Fees and Costs. Subject to the terms and provisions of Section 23, if either party employs an attorney(s) to enforce collection, performance, specific performance or recovery or damages for breach of the terms of this Purchase Contract, whether by litigation or negotiation, the non-prevailing or defaulting party agrees to reimburse the prevailing party for all attorneys’ fees and all costs of such action or proceeding, if any, including taxable costs, costs of pretrial discovery and expert witness fees, and in the event any judgment is secured by such prevailing party, all costs and fees shall be included in judgment. THIS PURCHASE CONTRACT SHALL BE GOVERNED BY ARIZONA LAW.

22. Notices. Except as otherwise provided in the Purchase Contract, all notices required or permitted under this Purchase Contract shall be in writing and shall be effective upon personal delivery to Seller or Buyer, or upon deposit in the US Mail, First Class, addressed to the respective parties at the addresses specified in this Purchase Contract or to such other address as either party, from time to time, shall specify in the manner provided in the Section.

23. Defaults and Remedies. Buyer shall be in default under this Purchase Contract if Buyer (a) advises Seller in writing or orally that Buyer does not intend to or will not fully perform any provision of this Purchase Contract, or (b) engages in any act described in this Purchase Contract as a material breach and/or material default, or (c) files for any relief under any State or Federal bankruptcy or insolvency law, of the filing of same against Buyer is not removed or quashed within forty-five (45) days of the date same is originally filed, or (d) fails to fully perform any provision of this Purchase Contract, and does not fully cure that failure to perform within five (5) business days from the date Seller or its authorized agent gives Buyer an oral or written demand or notice for compliance (whether or not a written demand or notice is received by Buyer); provided that, if Buyer’s failure to perform is a failure to close timely after delivery of written notice by Seller of the Closing Date, Buyer is not entitled to a five (5) day notice cure period and shall be deemed in default hereunder immediately upon such failure to close. If Buyer has not cured its default within the time period herein provided, Seller may elect to cancel this Purchase Contract at any time thereafter by giving oral or written notice to the Buyer, or Seller may claim for damages or for specific performance or pursue any other remedies available at law or in equity, in Seller’s sole discretion. Seller may obtain from Escrow Agent the Earnest Money Deposits (Section 2) as part of Buyer’s performance of this Purchase Contract without electing to cancel this Purchase Contract, and without waiving Seller’s right to pursue specific performance of the Purchase Contract. If this Purchase Contract is executed by more than one (1) individual or entity as Buyer, each individual or entity shall be jointly and severally liable hereunder. Escrow Agent is instructed to pay to Seller the Deposits and any other payment of Buyer upon cancellation of this transaction and escrow by Seller as provided above or upon receipt of notice from Seller of its intent to enforce the specific performance of the Purchase Contract and requesting payment of the Deposits and other amounts as part of the performance of the Purchase Contract by Buyer.

If Seller elects, in its sole and absolute discretion, to cancel this Purchase Contract as provided above, the parties acknowledge that the actual damages incurred by Seller are extremely difficult to estimate and Seller’s retention of all Deposits and other amounts paid by Buyer to Escrow Agent constitute a reasonable estimate of Seller’s damages and shall be forfeited to Seller as liquidated damages and not as a penalty. Both Buyer and Seller acknowledge that either party shall have no further obligations under this Purchase Contract except for an action by Seller to recover payment under the Promissory Note (Schedule “E”), if applicable, executed by Buyer for options/upgrades. All remedies of Seller hereunder shall be cumulative.

Unit #: 356 7 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 Except for Seller’s obligation to substantially complete the Unit within two (2) years after the Effective Date of this Purchase Contract ROCwhich is LEGAL governed by the provisions of Sections 6 and 10(c), if Seller defaults or breaches the Purchase Contract then Buyer shall be entitled to deliver to Escrow Agent and Seller a written notice detailing the default of Seller. Seller shall have thirty (30) days from the receipt of such notice within which to remedy the default. If Seller has not remedied the default within the time provided in the proceeding sentence, Buyer, as its sole remedy, may cancel this Purchase Contract and receive a refund of its Deposits, Buyer hereby expressly waiving any other rights and remedies it may have at law or in equity. If Seller breaches this Purchase Contract with respect to Seller’s obligation to have the Unit substantially completed within two (2) years after the Effective Date of this Purchase Contract for reasons other than those listed in Section 10(c), Buyer may seek to recover all damages provided at equity or law.

NOTWITHSTANDING any of the above, except for controversies arising under this Purchase Contract with respect to completion of the Unit within two (2) years pursuant to Section 10(c) in the event that a bona fide dispute should arise between the Buyer and Seller after the close of escrow, of any nature whatsoever, shall be governed by the following:

(i) In the event the Buyer intends to initiate a Dwelling Action, as the term is defined in A.R.S. § 12-1361, Buyer shall strictly comply with the requirements of A.R.S. § 12-1361 et seq., especially the notice provisions in A.R.S. § 12-1363. In the event that A.R.S. § 12-1363 is declared unconstitutional, repealed or nullified in any way, or in any disputes that fall within the exclusions set forth in A.R.S. § 12-1366, or in any action that falls outside the scope of “Dwelling Actions”, as that term is defined in A.R.S. § 12-1361, or in the event that this process does not resolve the Buyer’s complaints, the parties shall submit their dispute to alternate dispute resolution under the procedures set forth below. The Arizona Revised Statutes are available for viewing at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp.

(ii) Negotiation. In the event that any dispute that has been the subject of a written notice required hereunder has not been satisfied, neither Buyer or Seller, shall have any right to take any further legal action on such dispute until such time as the parties attempt to negotiate a resolution. When either party feels a dispute has arisen and has not been satisfied as required herein, that party shall notify the other party in writing of the nature and details of the dispute. Within ten (10) days, a meeting shall be held between the parties to begin a good faith attempt to negotiate a resolution. During this procedure the parties will communicate directly with each other in an effort to reach an agreement, which serves the interest of both parties.

(iii) Mediation. In the event that Buyer and Seller have been unable to resolve the dispute under Section 23 (i) and (ii) above within thirty (30) days of the commencement of negotiations, neither Buyer or Seller shall have any right to take any further legal action on such dispute until dispute has been submitted to private mediation (as agreed to by the parties) or to mediation under the Commercial Dispute Resolution Procedures of the American Arbitration Association, as such procedures shall be amended from time to time (the Rules and Procedures are available for viewing at http://www.adre.org/RulesProcedures). The mediator will not have the power to decide how to resolve the dispute, but will be recognized, accepted mediation techniques to assist the parties in making that decision. If Mediation becomes necessary, there will be a basic administrative fee and additional hourly fees for the time spent by mediator. These costs will be set by private mediator or by the American Arbitration Association based upon its standard fee schedule,and divided equally between the parties. Buyer and Seller hereby acknowledge that the costs and fees of mediation may be substantial.

(iv) Arbitration. In the event that Buyer and Seller have been unable to resolve the dispute under Section 23 (i), (ii) and (iii) above, a party may demand arbitration by a single private arbitrator (as agreed to by the parties) or a single arbitrator pursuant to the Commercial Dispute Resolution Procedures of the American Arbitration Association (the Rules and Procedures are available for viewing at http://www.adre.org/RulesProcedures). Arbitration of such dispute is mandatory unless arbitration would cause severe financial hardship. Discovery shall be controlled by the arbitrator and shall be permitted to the extent set out in the Section 23 (iv). Each party may submit in writing to a party, and that party shall so respond, to a maximum of any combination of thirty-five (35) of the following: interrogatories, demands to produce documents, and requests for admissions. Each party is also entitled to make one oral deposition. Additional discovery may be permitted upon mutual agreement of the parties. The arbitration shall be held in Maricopa County, Arizona. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs of no more than five (5) pages five (5) days before the hearing. The arbitrator shall rule on the dispute by issuing a written opinion within thirty (30) calendar days after the close of hearings. Any dispute over whether any particular matter is arbitral shall be submitted to the arbitrator. The decision of the arbitrator shall be final and binding upon the parties and the parties waive all rights to appeal the decision of the arbitrator to a court of law and waive their right to file a lawsuit relating to any dispute between them. The parties hereto expressly and irrevocable consent to exclusive jurisdiction and venue in Maricopa County Superior Court in Arizona for enforcement of any arbitrator’s decision. In the event a dispute is submitted to arbitration pursuant to this Section the prevailing party shall be entitled to the payment of all its attorney’s fees and costs. Each of the parties shall keep all disputes and arbitration proceedings strictly confidential, except for disclosures of information required by applicable law or regulation.

Seller and Buyer understand and agree that by signing this Purchase Contract they are, except for controversies arising under this Purchase Contract with respect to completion of the Unit within two (2) years pursuant to Section 10(c), to the fullest extent permitted by law, waiving their legal right to file a lawsuit (including the right to trial by jury) to resolve any dispute between them, including but not limited to any action, proceeding or counterclaim, whether in contract, tort or otherwise, relating directly or indirectly to this Purchase Contract, or any other matters, acts or omissions of Seller or Buyer in connection therewith. This means if they cannot agree how to settle a dispute through the filing of a Dwelling Action and compliance with the Dwelling Action statutes, Negotiation or Mediation, the final decision will be made by an arbitrator and not by a judge or jury. Seller and Buyer are not waiving their right to employ legal counsel at their own cost and expense to assist them in any phase of the dispute resolution process, but if arbitration becomes necessary, one party may become responsible for the other party’s legal fees. Buyer and Seller hereby acknowledge that the costs and fees of arbitration may be substantial but are typically less than normal litigation through the Courts. This agreement to arbitrate is an essential element and part of the Purchase Contract between the parties.

Unit #: 356 8 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 BUYER’S ADDITIONAL RIGHTS: UNDER ARIZONA REVISED STATUTES SECTION 32-1155, A BUYER OF A DWELLING HAS THE RIGHT TO FILE A WRITTEN COMPLAINT AGAINST THE SELLER AND BUILDER WITH THE ARIZONA REGISTRAR OF PURCHASE ROC LEGAL CONTRACTORS WITH TWO (2) YEARS OF THE COMMISSION OF AN ACT IN VIOLATION OF ARIZONA REVISED STATUTES SECTION 32-1154, SUBSECTION A. BY INITIALLY BELOW, BUYER INDICATES A COMPLETE UNDERSTANDING AND APPROVAL OF THIS ENTIRE SECTION 23 OF THE PURCHASE CONTRACT.

Buyer's Initials________/________

24. Non-Merger. All the covenants and obligations contained in this Purchase Contract to be performed or observed by Buyer shall in no way merge with the transfer of the Unit hereunder and shall in all respects remain in full force and effect notwithstanding conveyance of the Unit to Buyer and the payment of the Purchase Price or any part thereof.

25. Schedules. The Schedules referred to in this offer to purchase are deemed to be incorporated herein and include the following:

Schedule “A” Site plan; Schedule “B” Declaration of Condominium and of Covenants, Conditions and Restrictions and any amendments for both Desert Ridge Community Association and Toscana at Desert Ridge Condominium Association Schedule “C” A description showing the exterior finishing of the buildings; Schedule “D” Unit floor plan and Garage floor plan; Schedule “E” Options/Upgrade List and Promissory Note (if applicable); Schedule “F” Disclosure, Disclaimer and Waiver Regarding Mold Conditions; Schedule “G” Care and Maintenance.

Schedules “A”, “C”, “D” and are descriptions and drawings as they will exist when Seller has fulfilled its obligations under this Purchase Contract PROVIDED THAT Buyer acknowledges and agrees that Seller shall be entitled to make changes thereto and to the Schedules provided that the changes will not materially alter or affect the value or marketability of the Unit or Property or the common property as determined by Seller acting reasonable AND PROVIDED FURTHER THAT Buyer acknowledges and agrees that Seller shall be at liberty to make such changes in any Schedules as may be (and to the extent) required by any mortgagee providing interim or permanent financing for the Project or its mortgage insurer by any governmental agency.

26. Display Units. Buyer agrees that, notwithstanding the provisions of the Declaration of Condominium and Covenants, Conditions and Restrictions for both the Toscana at Desert Ridge Condominium Association and Desert Ridge Condominium Association, Seller or its affiliates shall have the right to maintain and use a reasonable number of Units and a portion of the common property for display and sale purposes and exhibit a sign or signs advertising the location of such display units on or about the display units or on the common property until all the units in the Project are sold and that any provisions of the Declaration of Condominium and of Covenants, Conditions and Restrictions which might restrict Seller in this respect, if any, are hereby waived by Buyer.

27. Utility Boxes. Utility boxes and other external improvements such as irrigation pump stations, fountain pumps, pool heaters/equipment, APS electrical meters or transformers, CO2 exhaust fans, HVAC units or other improvements related to utility infrastructure (collectively “Utility Boxes”) may be located throughout the Condominium or grounds. Buyer acknowledges and agrees that Seller makes no representations or warranties that a Utility Box will or will not be located in any particular location. Buyer assumes the risk that a Utility Box may be located near a particular Unit or patio. Seller shall not be liable to Buyer for any claims or damages resulting, directly or indirectly, from the construction, operation, existence or maintenance of a Utility Box. Buyer hereby releases the Seller from any and all claims, actions, suits, demands, causes of action, losses, damages or liabilities (including, without limitation, strict liability) related to or arising in connection with any nuisance, inconvenience, disturbance, injury, death or damage to persons and property resulting from activities or occurrences described in this Section 27.

28. Mailboxes. Mailboxes (“Mailboxes”) may be located throughout the Condominium. Buyer acknowledges and agrees that Seller makes no representations or warranties that a Mailbox will or will not be located in any particular location. Seller shall not be liable to Buyer for any claims or damages resulting, directly or indirectly, from the construction, operation, existence or maintenance of a Mailbox. Buyer hereby releases Seller from any and all claims, actions, suits, demands, causes of action, losses, damages or liabilities (including, without limitation, strict liability) related to or arising in connection with any nuisance, inconvenience, disturbance, injury, death or damage to persons and property resulting from activities or occurrences described in this Section 28.

29. Garbage Containers. Garbage containers (“Garbage Containers”) may be located throughout the Condominium. Buyer acknowledges and agrees that Seller makes no representations or warranties that the Garbage Containers will or will not be located in any particular location. Buyer assumes the risk that a Garbage Containers may be located near a particular Unit. Seller shall not be liable to Buyer for any claims or damages resulting, directly or indirectly, from the construction, operation, existence or maintenance of the Garbage Containers. Buyer hereby releases the Seller from any and all claims, actions, suits, demands, causes of action, losses, damages or liabilities (including, without limitation, strict liability) related to or arising in connection with any nuisance, inconvenience, disturbance, injury, death or damage to persons and property resulting from activities or occurrences described in this Section 29.

30. Designated Parking Space(s) and Storage. Buyer acknowledges that Seller and/or Toscana at Desert Ridge Condominium Association will designate underground parking space(s) and storage to Buyer upon Closing. The Designated Parking Space(s) and Storage (as defined in the Declaration) run with ownership of the Unit and is appurtenant thereto. The parking designation allows for the exclusive use of the Buyer from time to time of a particular Unit. However, the Designated Parking Space(s) and storage may be released for re-assignment upon the express approval of the Buyer of said Unit and also with the Toscana at Desert Ridge Condominium Association approval. Upon assignment of a Designated Parking Space(s) and storage, a registration of parking space(s) and storage is recorded. Buyer may not assign his/her Designated

Unit #: 356 9 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 Parking Space(s) and/or storage but may release same for re-assignment upon recordation of a release and re-assignment by the Seller or ROCToscana LEGAL of Desert Ridge Condominium Association.

Buyer is assigned the following underground parking space(s) at Closing: ____TBD_____________, _____TBD____________

31. Common Area Furniture and Interior Decoration. Common area furniture and interior decorations (“Interior Decorations”) may be located throughout the Project. Buyer acknowledges and agrees that Seller makes no representations or warranties that any particular common area Interior Decorations will or will not be located in any particular location. Seller shall not be liable to Buyer for any claims or damages resulting, directly or indirectly, from the construction, operation, selection, existence or maintenance of Interior Decorations. Buyer hereby releases the Seller from any and all claims, actions, suits, demands, causes of action, losses, damages or liabilities (including, without limitation, strict liability) related to or arising in connection with any nuisance, inconvenience, disturbance, injury, death or damage to persons and property resulting from activities or occurrences described in this Section 31. Buyer hereby explicitly acknowledges that Seller shall not be obligated to provide any Interior Decorations in any building or Common Element area before every Unit in a particular building is completed and sold to a Unit Owner other than Seller/Declarant.

32. Market Conditions and Real Estate Values. Buyer hereby understands and fully acknowledges that the real estate market is cyclical and real estate values go up and down. It is impossible to accurately predict where the real estate market is or where the economy will be at any given time. As such, the ultimate decision on purchase price is what Buyer is willing to pay and Seller willing to accept. The parties to any real estate transaction must decide on the terms, including price, based on their own independent analysis, financial resources, advice, risk tolerance, and circumstances. Any waiver of contingencies, rights or warranties in the real estate contract may have adverse consequences. Buyer and Seller acknowledge these risks and agree to proceed knowing these risks. The Parties assume all responsibility should the rate of return on investment, tax consequence, credit, financing terms and the like not meet their full expectations.

BUYER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS PURCHASE CONTRACT AND AGREES TO PURCHASE THE PROPERTY FOR AND UPON THE STIPULATED PRICE AND TERMS.

THE BUYER MUST BE GIVEN A COPY OF THE PUBLIC REPORT OF THE ARIZONA DEPARTMENT OF REAL ESTATE PRIOR TO THE SIGNING OF THIS DOCUMENT.

BUYER ACKNOWLEDGES THAT ALL EARNEST MONEY DEPOSITS, DOWN PAYMENTS AND OTHER ADVANCED MONEY, BECOME NON- REFUNDABLE UPON ACCEPTANCE OF THE PUBLIC REPORT OF THE ARIZONA DEPARTMENT OF REAL ESTATE.

BUYER FURTHER ACKNOWLEDGES THAT HE/SHE/THEY RECEIVED COPIES OF THE DECLARATION OF CONDOMINIUM AND OF COVENANTS, CONDITIONS AND RESTRICTIONS (SCHEDULE “B”) APPLICABLE TO THIS SUBDIVISION AND, BUYER HAS RECEIVED A COPY OF THE ARTICLES OF INCORPORATION AND BYLAWS FOR THE HOMEOWNERS ASSOCIATIONS.

BUYER AGREES AND ACKNOWLEDGES THAT BUYER MAY BE OBLIGATED TO COMPLY WITH ALL OF THE TERMS AND PROVISIONS OF THOSE DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, PAYMENT OF ALL ASSESSMENTS AND FEES AND COMPLIANCE WITH ARCHITECTURAL CONTROL PROVISIONS AS MAY BE STATED IN SUCH DOCUMENTS. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ENFORCEABILITY OF ANY OF THE TERMS AND CONDITIONS OF SUCH DOCUMENTS.

Acknowledgement of receipt of Buyer’s offer by Seller’s Sales Associate

BUYER’S OFFER

Dated this 3rd day of November , 2021 .

Sales Associate: Buyer:

Sales Manager: ____________________________________ Buyer:

Buyer’s Offer Date:

SELLER’S ACCEPTANCE:

By: Seller’s Acceptance Date:

Its: Manager and Seller’s Authorized Agent

For Broker Use Only: Brokerage File/Log No.______________Broker's Initials __________ Date _______________ MO/DA/YR Unit #: 356 10 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

SCHEDULE “A”

SITE PLAN

Unit #: 356 11 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL SCHEDULE “B”

ADDENDUM TO THE PURCHASE CONTRACT

ACKNOWLEDGEMENT AND CONFIRMATION OF RECEIPT OF DECLARATION OF CONDOMINIUM AND OF COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R’S) AND EASEMENT DOCUMENTS

This is an Addendum to the Purchase Contract dated 11/03/21 between

The Luxe 6A, LP. as the “Seller” and Joshua J.B. Baldwin as the “Buyer(s)”.

Property Address: 5250 E. Deer Valley Drive Unit #356, Phoenix, AZ. 85054.

The following additional terms and conditions are hereby included as a part of the Purchase Contract described above:

The Buyer(s) acknowledge and confirm receipt of the following documentation:

1. Second Amended and Restated Declaration of Condominium and of Covenants, Conditions and Restrictions for Toscana at Desert Ridge Condominiums recorded July 27, 2018 at [number redacted] and any recorded amendments thereto;

2. Fifth Amendment to the Condominium Plat of “Toscana at Desert Ridge” recorded July 19, 2018;

All other terms and conditions of the Purchase Contract remain the same.

The undersigned agrees to the aforementioned additional terms and conditions and acknowledges receipt of copy hereof.

Sales Associate Buyer

11/3/2021 Seller’s Associate’s Receipt Date: Buyer

Date:

SELLER’S ACCEPTANCE:

By:

Its: Manager and Seller’s Authorized Agent

Seller’s Acceptance Date:

For Broker Use Only: Brokerage File/Log No.:______________ Broker's Initials: ____________ Date:________________ MO/DA/YR

Unit #: 356 12 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL SCHEDULE “C”

BUILDING COLORS:

 Functional Gray o Sherwin Williams 7024 o Light Reflectance Value: 37

 Gauntlet Gray o Sherwin Williams 7019 o Light Reflectance Value: 17

 Big Chill (trim) o Sherwin Williams 7648 o Light Reflectance Value: 62

 Umber West (trim) o Sherwin Williams 9100 o Light Reflectance Value: 10

 Iron Ore (roof line detail) o Sherwin Williams 7069 o Light Reflectance Value: 6

 Stone Veneer o Industrial Ledge o Shale Grey

Seller reserves the right to modify the interior and exterior design specifications, location, size, design features, services, amenities and pricing without PRIOR notice. Any and all information provided is for “marketing purposes” only. No representations of any type are made by the marketing material, which are subject to change without notice. All dimensions may not be to scale, square footages are approximate and modifications may vary by unit. No binding offer to sell may be made or accepted prior to issuance of a final Arizona Subdivision Public Report for the property.

Unit #: 356 13 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL SCHEDULE “D”

FLOOR PLAN AND GARAGE FLOOR PLAN

Unit #: 356 14 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL SCHEDULE “E”

OPTIONS/UPGRADE and PROMISSORY NOTE

$889,466.00

FUNDAMENTAL PROVISIONS.

The following terms will be used as defined terms in this Promissory Note (as it may be amended, modified, extended and renewed from time to time, the “Note”):

Lender: The Luxe 6A, LP. and/or assigns 9300 E. Raintree Drive, Suite 100 Scottsdale, AZ 85260

Borrower: Joshua J.B. Baldwin

Principal Amount: $889,466.00

Default Interest Rate: (6.0%)

Maturity / Closing Date: TBD

Loan: The loan from Lender to Borrower in the Principal Amount and evidenced by this Note.

PROMISE TO PAY.

For value received, Borrower, jointly and severally, promises to pay to the order of Lender, at the address set forth above, or at such other place as the Lender hereof may from time to time designate in writing, the Principal Amount, on the Maturity/Closing Date (Closing Date) of the Property legally described in Section 6 of the Real Estate Purchase Contract.

THIS Note shall be payable on the Maturity/Closing Date as established by Lender in accordance with Sections 5 and 6 of the Purchase Contract. If no Borrower Default (as defined below), Lender will surrender this Note to Borrower at the time of close of escrow and recordation of the Special Warranty Deed in exchange for cash in the amount of the Note.

BORROWER DEFAULT.

In the event Borrower fails to pay all amounts due under the Note to Lender at times specified herein, then interest shall accrue on this Note at the default interest rate established above from the occurrence of the Borrower Default until the Note is paid in full. In the event Borrower fails to pay all amounts due under the Note when due, Borrower shall also pay all of Lender’s costs of enforcement and collection and preparation therefor including, but not limited to, attorneys’ fees and any litigation costs, whether or not any action or proceeding is brought to enforce the provisions hereof.

PRE-PAYMENT.

Borrower may prepay all or any portion of the Principal Amount of the Loan without penalty or premium.

LAWFUL MONEY.

Principal and default interest, if any, are payable in lawful money of the United States of America.

Unit #: 356 15 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 APPLICATION OF PAYMENTS ROC LEGAL Unless otherwise agreed to, in writing, or otherwise required by applicable law, payments made after the Maturity/Closing Date will be applied first to accrued, unpaid default interest, then to principal, and any remaining amount to any unpaid collection costs, late charges and other charges.

CHOICE OF LAW.

THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES.

NEGOTIATION/MEDIATION/ARBITRATION.

Lender and Borrower hereby agree that any and all disputes with Lender, relating to or arising out of this Note (“Claims’) shall be resolved by the dispute resolution proceedings outlined in Paragraph 23 of the Purchase Contract.

BINDING EFFECT.

This Note will be binding upon, and inure to the benefit of, Lender and its successors and assigns. Borrower may not delegate its obligations under this Note without Lender’s express written consent in Lender’s sole discretion.

TIME OF THE ESSENCE.

Time is of the essence with regard to each provision of this Note.

The undersigned Borrower has executed this Note as of the date set forth below.

Borrower: __________________ Date: _________________

Witness: __________________

Borrower: ___________________ Date: __________________

Witness: ___________________

SCHEDULE “F” Unit #: 356 16 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL MOLD PREVENTION TIPS

While it is very difficult to eliminate the possibility of mold growth in your new home, there are important steps that you can take to help minimize the potential for mold growth. BUYER HEREBY ACKNOWLEDGES THAT THIS INFORMATION IS PROVIDED BY SELLER ON AN INFORMATIVE BASIS ONLY AND IN NO WAY SHALL BE DEEMED A REPRESENTATION OR GUARANTY OF SELLER IN ANY WAY.

1. Keep the home free of dirt and debris that can harbor mold (dirt/dust/animal dander/indoor plants are all very efficient hosts for mold). 2. Regularly clean and sanitize windows, bathrooms, kitchens, and other home surfaces where water, moisture condensation, mildew and mold can collect. 3. Use dry towels or bath mats when stepping out of shower or tub. 4. Use bathroom fans while showering or bathing. If no fan exists, open a window to allow proper ventilation and moisture to escape. 5. Use exhaust fans whenever cooking, dishwashing or cleaning. If no fan exists, open a window to allow proper ventilation and moisture to escape. 6. Properly maintain your dryer vent exhaust line (clean/remove lint at least once a year or sooner as may be needed). 7. Properly maintain your air-conditioning unit (HVAC), including replacing filters and maintaining condensate lines as recommended by the manufacturer and keeping drip pans clean, flowing properly and unobstructed. 8. Maintain regular air flow and circulation throughout the home and keep heating, ventilation and HVAC equipment running at all times. Do not turn off equipment for extended periods of time (like vacations). 9. Use all reasonable care to close all windows and other openings in the home to prevent outdoor water from penetration into the interior of the home (i.e. rain, irrigation water, etc.). 10. Clean and dry any visible moisture on windows, walls, ceilings, floors and other surfaces including personal property, as soon as reasonably possible. (Note: Mold can grow on damp surfaces 11. Limit the indoor watering of houseplants (total number of plants indoors is also an important variable). 12. Do not hang wet clothing on indoor drying line. 13. The use of humidifiers is not generally recommended (includes both whole house and room specific types). 14. Maintain caulking around tubs, showers, toilets, sinks and other interior water receptacles at least once a year and more if needed. 15. Maintain caulking around windows, doors and other exterior openings at least once a year and more frequently if needed. 16. Maintain window tracks and weep holes at least once a year and more frequently if needed (keep tracks and weep holes clean of debris/dust to allow proper egress of water when rain or irrigated water gets in them). 17. Maintain positive drainage and grading away from the foundation and walls of the home. 18. Maintain gutters and downspouts I a clean and operable condition at least once a year and more frequently if needed. 19. Prevent penetrations of exterior surfaces (i.e., stucco, siding, brick) and roof of home from post construction additions (i.e., trellises, patio covers, awnings, satellite dishes, etc). 20. Maintain and do not obstruct fresh air supply to furnace, air conditioner or heater. 21. Maintain and do not obstruct ventilation installed in attic, basements, crawl spaces or other locations in the home. 22. Prevent irrigation systems from exposing exterior surfaces of the home to water or over saturating/flooding ground/soil near and around foundation of the home. 23. Properly use and maintain appliances containing water and other liquids. 24. Do not alter insulation installed by builder. 25. Prevent clogging of plumbing 26. Fix any non-working fan, heater, air conditioner or ventilation system 27. Report the following to builder and the Home Owners Association within twenty-four (24) hours: a) water intrusion of any kind, including but not limited to: i. plumbing leaks, drips, sweating pipes, wet spots; ii. overflows from bathroom, kitchen, or home laundry facilities, especially in cases where the overflow may have permeated walls or cabinets; iii. any mold or black or brown spots or moisture on surfaces inside the premises; iv. broken irrigation systems or standing water near structures; b) any adverse health conditions or symptoms related to or suspected to be related to actual or potential mold growth; c) any musty or unusual odor.

SCHEDULE “G” Unit #: 356 17 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

CARE AND MAINTENANCE

CARE AND MAINTENANCE – STONE STONE ENEMIES: It is important to recognize what can harm your stone. All stone surfaces, floors, walls, vanities etc. have 4 major enemies: SCRATCHES: Caused by foot traffic, abrasive grit, moving furniture, vacuum cleaner wheels and sometimes dog nails. ACIDS: Low on the PH scale, many liquids such as common bathroom cleaners, alcoholic drinks, carbonated beverages, fruit juice, fruit and vinegar. ALKALI: High on the PH scale: these liquids are opposite acids. Many of your household cleaners are alkaline and may be too harsh for your stone. STAINS: Caused by various foods, spilled drinks, water damage, pets and more. Awareness of your stone’s vulnerability will prolong the life of your stone.

CARE TIPS: The following are general maintenance and care tips. Proper care may vary depending on the condition and the type of stone that you have. If you have any questions call a stone care professional. INITIAL PROTECTION: All stone needs to be sealed with a penetrating sealer which leaves no coating on the surface of the stone. While the stone is trying to reject the liquids that can leave a stain, these sealers give more time to wipe up a spill. Sealing is a must for all Kitchen and Bathroom areas. Some sealers can slightly change the color of your stone. Your stone has been properly sealed upon installation, amount of use, level of maintenance, and environment all affect sealer life. A properly sealed stone that is maintained regularly with daily cleaners, can last anywhere from 2 to 5 years. CLEANING: Household chemicals are not formulated to clean your stone. Many can do more harm than using nothing at all. Even the use of water alone can have long term detrimental effects on some stone. Neutral cleaners containing conditioning agents or the use of stone soap is recommended. Repeated use of an appropriate cleaner will keep your stone looking fresh and add to the natural luster of your stone. Recommended products for stone include stone soaps, conditioning cleaners, neutral cleaners and penetrating stone sealers. Stone entry floors require walk off mats that will require 2 adult steps. Be aware that rugs with rubber backs can leave marks on your stone requiring costly restoration. Damp mop your floors weekly with a conditioning neutral cleaner or stone soap. In most cases, it is not advisable to put coatings or waxes on your natural stone floor. Coatings can restrict the flow of air through the stone causing moisture related problems. Vanities, counters and walls can be cleaned with an appropriate cleaner put in a spray bottle. Spray surfaces and clean with a natural fiber cloth. These surfaces can be polished with a topical stone paste wax. The application of this paste wax will add shine and protection of the stone. It is best to seal and wax your stone showers. If mildew begins to grow in your shower, on your stone, if can be difficult to remove. The chemicals used to remove scum and mildew will ruin a marble shower requiring expensive restoration. POLISHING: When your stone begins to lose the factory shine, it is best to call a professional to re-polish your stone. Using the proper abrasives and polishing powders can bring back the original shine if the surface is not too badly damaged. RESURFACING/RESTORATION: Resurfacing operations are required to remove scratches, lippage (uneven tiles), and wear patterns from foot traffic. The stone is sanded with various grinding grits making the surface flat and establishing a new finish. A professional stone contractor is recommended for this work.

CARE AND MAINTENANCE – CERAMIC/PORCELAIN TILE Contaminants and spills on a glazed ceramic tile are, generally, easier to clean than most other unglazed ceramic and porcelain surfaces. Glazed tile products should be cleaned routinely with an all-purpose, low VOC household or commercial cleaner. The product chosen should also be grout joint cleaning compatible. The type of product may vary depending on the tile application and use. A multipurpose spray cleaner, which removes soap scum, hard water deposits, and mildew designed for every day use, can be used on wall tile areas in residential baths and showers. The entire area should be cleaned and scrubbed with cleaner solution through the use of a cotton mop, cloth, sponge, or non-metallic brush. The entire area should be rinsed with clean water to remove any cleaning solution residue. Remember that you should sweep or vacuum floor areas prior to cleaning to remove any dust or debris. Routine cleaners should never contain hazardous or polluting products including, but not limited to acids or ammonia. Acids can damage the grout and the glazed surface of the tile, and ammonia can discolor the grout.

Unit #: 356 18 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 Unglazed tile should be cleaned routinely with concentrated tile cleaners that have a neutral pH for safe regular use. These cleaners are ROC LEGAL better suited at removing grease, oils and normal spills from unglazed products. Again, these products will vary depending on the application, amount of traffic and the use. The product chosen should also be compatible with cleaning the grout joints at the same time. GLASS TILES: For routine cleaning, use any non-abrasive cleaning compound recommended for either glass or tile GROUT CARE: Neither sealing the grout nor using a 100% Epoxy Grout will guarantee against surface build-up or discoloration of the grout. Grout needs to be cleaned on a periodic basis to remove any surface build-up. Routine grout cleaning can be done with a daily concentrated household or commercial cleaner depending on the application. When heavy duty grout cleaning is required, you will need to use a professional strength Tile & Grout Cleaner that is capable of removing grease, soap scum, body oil, mildew stains, algae, and synthetic or acrylic waxes from the grout joints. This type of product can be purchased from most Home Centers, or through your local professional Floor Covering Dealer. Statesman does not seal grout after installation.

CARE AND MAINTENANCE – WOOD FLOOR PROTECTION: Wipe up spills immediately, place a natural or colorfast mat outside at entrances to reduce the amount of dirt and moisture tracked into your home. Keep animal nails trimmed to minimize scratches, support furniture with floor protectors that are at least one inch in diameter, made of non-staining felt or non-pigmented hard plastic, that rest flat on the floor and are replaced regularly. When moving appliances or heavy furniture, lay a plywood panel on your floor and “walk” the item across it to prevent scuffs and gouges. Replace hard, narrow furniture rollers with wide rubber rollers. Protect your floor from direct sunlight, sunlight can fade the color of your wood floor. DON’T use rubber, foam back, or plastic mats as they could discolor your floor. DON’T use ammonia-based cleaners, wax-based products, detergents, bleach, polishes, oil soaps, abrasive cleaning soaps, or acidic materials like vinegar. Only use products specifically made for the care and cleaning of wood floors, these products can be purchased at your local hardware store. DON’T wear shoes with spike heels or heel taps on your hardwood floor, remove shoes at the door to avoid potentially dragging in sharp objects in your shoe treads. HUMIDITY’S IMPACT ON YOUR FLOOR: To protect your investment and ensure that your floor provides lasting satisfaction, the following precautions should be taken to help control humidity levels in and around your floor. For best results, keep the relative humidity in your home between 35% and 55%. In dry conditions, a humidifier is recommended to prevent excessive shrinkage in hardwood floors, which causes gaps between the boards, due to low humidity levels. To prevent excessive expansion, cupping and peaking of the floor in wet/humid conditions, which could lead to cracking and checking of the wood finish, maintain proper humidity levels with the use of an air conditioner or dehumidifier. Immediately wipe up spills and wet areas to avoid excessive exposure to water. Do not obstruct in any way the expansion joint around the perimeter of your floor.

CARE AND MAINTENANCE – CARPET Vacuum your carpet regularly with a quality vacuum to prevent soil from embedding. Depending on the type of carpet you have, you’ll want to use a vacuum with a rotating brush, a beater or suction only. Keeping traffic and other use factors in mind, consider professional cleaning every 12 to 18 months. Use scissors to clip sprouts and snags, don’t pull on them, you might damage the carpet. If something is spilt on the carpet, always treat the affected area immediately, the longer the spill sits, the harder to remove the stain. If you need a spot removal solvent, use a product approved by The Carpet and Rug Institute of America.

CARE AND MAINTENANCE – CABINETS Timely maintenance is the key to long-term beauty of your cabinet finish. Wipe and clean up spills, drips and grease immediately. Prolonged exposure to food, water or other liquids can cause permanent discoloration or damage. Remove oil, grease or general soil with a soft lint-free cloth and a mild cleaner such as Ivory® soap diluted with warm water. (Avoid using your dishcloth to clean or dry cabinet exteriors, since it may contain remnants of detergents and grease.) Dust cabinets frequently with a slightly dampened, lint-free cloth. Don’t use packaged dusting sheets, pre-moistened dusting sheets or aerosol dusting products. DAILY CARE: Thoroughly clean cabinet exteriors one or two times a year, more under heavy use. Work one small area at a time, using a damp lint-free cloth, rinsing frequently and drying each area immediately after cleaning. Long Term Care Stain Finish Use a mild wood cleaner diluted with warm water. Paint Finish Only use a mild cleaner such as Ivory® Soap diluted with warm water.

DAMAGING PRODUCTS: The following are products and items that will harm your cabinet finish

Unit #: 356 19 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023  petroleum solvents ROC LEGAL  wax base  silicone base  magic eraser  scour pads  spray polish  powder bleach  citrus cleaner glass cleaner

ENVIRONMENT: Exposure to sun, moisture and cooking smoke, ventilation, your cooking style and the location of your home may all affect the color of your cabinetry finish over time. Light Ultra violet (UV) light rays in sunlight will affect the appearance of your cabinets. Keep cabinets dry and kitchen and bath areas well ventilated. Do not hang wet dish towels over cabinet doors. Frequent exposure to excessive humidity in poorly vented kitchens and bathrooms is harmful to the cabinetry itself and the finish. Any wood product, including cabinetry, installed in a non-climate controlled building will be susceptible to damage from humidity or heat. Indoor climate should be maintained year-round in vacation homes as well as primary residences. WAXING: Waxing is not recommended. Over time, waxing and polishing compounds will build up on the surface of cabinets and cause a hazy, streaky or yellowed appearance. Wax build up is difficult to remove and will attract dust.

CARE AND MAINTENANCE - PLUMBING

 Do not use abrasive cleaners on plumbing fixtures or fiberglass bath tubs.  Do not use acetone, ammonia, bleach, Windex, citrus or other chemicals on plumbing fixtures.  Use a soft cloth with damp water and mild detergent for cleaning plumbing fixtures or vinegar and water.  Soft water does not prevent mineral deposits from forming on the toilets and plumbing fixtures. They will require cleaning.  Purchase a plunger. Your toilet uses 1.6 gallons of water compared to the 3 gallons used in the older toilets. As a result, these toilets may clog more easily since there is not as much water to push the waste down. It may take more than one flush to empty the bowl of waste material.  ONLY HUMAN WASTE AND TOILET PAPER ARE TO BE FLUSHED DOWN THE TOILETS. These toilets may not have filler tubes even though it looks like there should be one. This is not a defect in the product; rather it is the way these toilets are designed. You may VOID your warranty on these toilets of someone other than the Contractor / original plumbing subcontractor pulls or resets the toilet during the warranty period.  Do not use chemical cleaners in the toilet tank as they will destroy the rubber parts of the flush mechanism causing it to leak. Each faucet and toilet has its own water shut-off. Familiarize yourself with their location so you know where they are in case of an emergency.  Your home has its own main water shut-off located in the laundry room. This shuts the water off to everything in your home except the fire sprinklers.

The undersigned agrees to the additional terms and conditions and acknowledges receipt of copy hereof.

BUYER(S):

By: ____________________________________ Dated:

Unit #: 356 20 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

NOTICE OF SCHEDULE LEADING TO CONSTRUCTION

With the long process for the approval of City Building Permits and The City’s requirement that all changes be shown before the release of the Building Permit, the following schedule of events prior to construction must occur in sequence to ensure a timely possession date:

A. Understanding the Plan and Specifications Prior to meeting with Seller’s Representatives, it is important that you read the specifications and understand all that is included in your new Unit. All approved Options/Upgrades to your Unit must be in writing in order to be considered valid for construction to proceed.

B. Approved Options/Upgrades Meetings in Seller’s selected design center location will be scheduled with you within approximately fifteen (15) working days of the final acceptance and / or execution of your Purchase Contract (contingent on the construction schedule). Upon notification from the Seller, within thirty (30) days the Buyer agrees to (1) make an appointment with Seller's specified design center to select colors, styles, and other similar materials for the Unit from the available samples and to pay the additional deposit or advanced payment, if required and (2) Buyer agrees to finalize any Options/Upgrades, as well as, to complete the interior finishes for your new home within the same thirty (30) day timeline. Upon the completion and the signed final acceptance there will be no further changes allowed. Construction will not commence until all documents have been signed by the Buyer and approved by the Seller. (Note: Any subsequent change(s), addition or deletion will be subject to a $500.00 Coordination Fee per item.)

Buyer(s) Initials _________ / _________

It is important to know that certain changes to the standard specification (if permitted) will add to the construction schedule and; therefore, delay your occupancy date, which may result in a late fee pursuant to Section 6 of the Purchase Contract.

C. Occupancy Dates To avoid confusion, we feel it prudent to elaborate upon the conditions associated with your possession date. In accordance with your Purchase Contract your occupancy date is an ESTIMATED DATE and cannot be confirmed until delivery and installation of cabinets and other finishes. The actual date will be confirmed in writing. Buyer(s) Initials _________ / _________ D. Not approved Options/Upgrades Based on the stages of construction, you should be aware that some options/upgrades cannot be scheduled. Seller and Builder will attempt to accommodate your requests; however, disappointment may occur if construction scheduling or changes are requested that are contrary to the building code, fire code, or requests that result in warranty concerns, necessitating our rejection. All requested changes are subject to Final Approval by the Seller.

E. The New Home Walk-Through Inspection Process Please be aware that your Unit is a construction zone and that due to the Builder’s Liability Insurance and the Occupational Health and Safety rules and regulations you are NOT allowed on the construction site. These rules are intended to ensure safety and the safety of the subcontractors constructing your home. Please be aware that there will be no exceptions to these safety rules and regulations and anyone found wandering on the construction site will be subject to a $100.00 charge. Buyer(s) Initials _________ / _________

Every Unit is constructed with quality workmanship and materials. There will be a “New Home Walk-Through Inspection Process” at which time you will have the opportunity to thoroughly inspect your new Unit noting any items that pertain to the construction and development of your home and to familiarize you with the operations and homeowner care with certain items and aspects of your new Unit. The Closing Walk-Through Inspection will be facilitated by Seller’s Closing Coordinator, the Construction Site Superintendent and any relevant subcontractors, if necessary, whom will educate and provide explanation to you of our Warranty Program.

This is an exciting time for you and it is our intention to make this experience as enjoyable as possible……MANY THANKS!

__________________________________________ ___________________________________ Seller Buyer

___________________________________ Date Date

Unit #: 356 21 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL ADDENDUM TO THE PURCHASE CONTRACT BUYER(S) INTENT TO PURCHASE REAL PROPERTY

TODAY’S DATE: 11/03/21

This is an Addendum to the Purchase Contract dated 11/03/21 between

The Luxe 6A, LP. as the “Seller” and Joshua JB Baldwin as the “Buyer”.

Property Address: 5250 E. Deer Valley Drive Unit #356, Phoenix, Arizona 85054

The following additional terms and conditions are hereby included as a part of the Purchase Contract described above.

The Buyer(s) (the “Buyer”) has offered to purchase from the Seller a condominium unit #356 (“Unit”) within The Luxe 6A (the “Unit”) described in the Purchase Contract (“Contract”) executed concurrently by Buyer(s) with this Addendum which supplements the Contract. The Seller desires to sell the Unit only to the Buyer who will occupy the Unit under the terms and conditions in the Contract identified by Buyer on Page 1 of the Contract under “Buyer’s Intent”. Therefore, in order to induce Seller to agree to sell the Unit to Buyer, the Buyer represents and agrees to the following:

1. Buyer represents and warrants to Seller that Buyer is purchasing the Unit #356 for the intended use agreed to buy both Buyer and Seller on Page 1 of the Contract identified under Buyer’s Intent (“intended use”) and shall not attempt to transfer Buyer’s rights under the Contract PRIOR to the close of escrow.

2. Buyer understands and agrees that Seller has the unilateral right, in its sole discretion, to terminate the Contract and cancel escrow, if Buyer assigns the Contract to another person PRIOR to the close of escrow, advertises, lists or otherwise offers the Unit for sale or lease to others at a time or manner which would result in the Buyer’s failure or inability to purchase the Unit as Buyer’s intended use and/or Buyer takes any other action which indicates to Seller that Buyer does NOT have a bona fide intention of purchasing the Unit as Buyer’s intended use.

3. Buyer understands and agrees that if Seller is forced to terminate the Contract and cancel escrow for the reason’s as stated above, all and any earnest money deposits, down payments and other advanced money paid by Buyer to Seller shall be NON- REFUNDABLE to the Buyer and released to the Seller as damages related to the Buyer’s breach of Contract and this Addendum which supplements the Contract.

4. Both Buyer and Seller acknowledge that there are no third party beneficiaries to this Addendum.

If Buyer is intending on occupying the Unit #356 as a Primary Residence, then the Buyer represents and agrees to the following:

1. Buyer shall not attempt to transfer Buyer’s rights under the Contract nor enter into any agreement for the lease, sale or other transfer of the Unit which would result in Buyer’s failure to occupy the Unit as Buyer’s Primary Residence.

2. Buyer understands and agrees that a violation and breach of this Addendum, AFTER the close of escrow, shall entitle the Seller and provide the Seller the unilateral right, in its sole discretion, to repurchase the Unit from the Buyer at the Original Purchase Price of the Project (Page 1 Section 2. I D of the Purchase Contract) not including the Buyer’s chosen Options/Upgrades. Further, Buyer understands and agrees that Buyer is solely responsible for the customary costs of the repurchase, such as, broker’s commission, escrow fees, title costs and all other costs associated with the repurchase of the Unit from the Buyer to the Seller. All other terms and conditions of the Purchase Contract remain the same.

The undersigned agrees to the aforementioned additional terms and conditions and acknowledges receipt of copy hereof. Unit #: 356 22 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

Sales Associate: Buyer:

11/3/2021 Seller’s Associate’s Receipt Date: Buyer:

Date:

SELLER’S ACCEPTANCE:

By:

Its: Manager and Seller’s Authorized Agent

Seller’s Acceptance Date:

For Broker Use Only: Brokerage File/Log No.:______________ Broker's Initials: ____________ Date:________________ MO/DA/YR

Unit #: 356 23 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL MARKET CONDITIONS ADVISORY

TODAY’S DATE: 11/03/21

The Luxe 6A, LP. as the “Seller” and Joshua J.B. Baldwin as the “Buyer”.

Property Address: 5250 E. Deer Valley Drive Unit #356, Phoenix, Arizona 85054.

The Real Estate Market is cyclical and real estate values go up and down.

The financial market also changes, affecting the terms on which a lender will agree to loan money on real property. It is impossible to accurately predict what the real estate or financial market conditions will be at any given time.

The ultimate decision on the price a Buyer is willing to pay and the price a Seller is willing to accept for a specific property rests solely with the individual Buyer and Seller. The parties to a real estate transaction must decide on what price and terms they are willing to buy or sell in light of market conditions, their own financial resources and their own unique circumstances.

The parties must upon careful deliberation decide how much risk they are willing to assume in a transaction. Any waiver of contingencies, rights or warranties in the contract may have adverse consequences. Buyer and Seller acknowledge that they understand these risks.

Buyer and Seller assume all responsibility should the return on investment, tax consequences, credit affects, or financing terms not meet their expectations. The parties understand and agree that the Broker(s) do not provide advice on property as an investment. Broker(s) are not qualified to provide financial, legal, or tax advice regarding a real estate transaction. Therefore, Broker(s) make no representation regarding the above items. Buyer and Seller are advised to obtain professional tax and legal advice regarding the advisability of entering into this transaction.

THE UNDERSIGNED ACCEPT AND UNDERSTAND THE FOREGOING AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS ADVISORY.

Sales Associate: _________ Buyer: _________

11/3/2021 Seller’s Associate’s Receipt Date: _________ Date: ________________

SELLER’S ACCEPTANCE:

By:

Its: Manager and Seller’s Authorized Agent

Seller’s Acceptance Date:

For Broker Use Only: Brokerage File/Log No.: ______________Broker's Initials: ____________Date: ________________ MO/DA/YR

Unit #: 356 24 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ADDENDUM TO ROC LEGAL PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT

The following shall constitute an Addendum to, and become a part of, that certain Purchase Contract dated 11/03/21, by and between The Luxe 6A, LP. as “Seller” and Joshua J.B. Baldwin as “Buyer”, pertaining to Building #6, The Luxe 6A located at 5250 E. Deer Valley Drive Unit #356, Phoenix, AZ. 85054.

Notwithstanding anything contained in the Purchase Contract, said contract shall be subject to the following conditions:

Escrow will not close until the City of Phoenix has issued its Certificate of Occupancy Clearance and all Subdivision Improvements within Building # 6___ Phase # 1___ have been completed.

All other terms and conditions of the Purchase Contract and Receipt for Deposit shall remain in full force and effect.

THE SELLER OR ITS AGENT SHALL GIVE A PROSPECTIVE BUYER A COPY OF THE PUBLIC REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE BUYER SIGNS THIS DOCUMENT.

BUYER(S)

_____________________________________ DATE: _________________________________

SELLER

The Luxe 6A, LP.

BY: __________________________________ DATE: _________________________________

ITS: Manager and Seller’s Authorized Agent

Unit #: 356 25 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL PUBLIC REPORT RECEIPT

The owner, agent, seller or developer of this development shall furnish you, as a prospective customer and buyer, with a copy of the Public Report. It is recommended that you read the report before you make any written offer to purchase or lease an interest in the development, and before you pay any money or other consideration toward the purchase or lease of an interest in the development.

FOR YOUR PROTECTION, PLEASE DO NOT SIGN THIS RECEIPT UNTIL YOU HAVE RECEIVED A COPY OF THE REPORT AND HAVE HAD THE OPPORTUNITY TO READ IT. BY SIGNING THIS RECEIPT THE BUYER HAS ACCEPTED THE PUBLIC REPORT AND ACKNOWLEDGES THE INFORMATION IT CONTAINS.

__DM18-059134_____________________ Condominium Plat of Toscana at Desert Ridge (Public Report Registration No.) (Development Recorded Name)

Unit No. 356

I understand that the report is not a recommendation or endorsement of the development by the Arizona Department of Real Estate,but is for information only.

__________________________________ (Buyer’s Signature)

__________________________________ (Date)

5350 E Deer Valley Dr #1260 Phoenix, AZ 85054 _________________________________ (Current Address)

Unit #: 356 26 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 Distinctive Features ROC LEGAL

Distinctive Smart Home System Features

 Vivint Doorbell Camera™  Smart door lock  Vivint Element Thermostat  2 Door and window sensors  2 Motion sensors  Vivint Sky Control Panel to control all elements

Distinctive Interiors

 Two- and Three-Bedroom Expansive Kitchen, Living and Great Room Floor plans with Flex Room and Dens (per plan)  12” x 24” Porcelain Floor tile in bathrooms and laundry with Sound Deadening Mat under Hard Surface Flooring  Waterproof, Sound Resilient, wood look enhanced vinyl flooring in entry, flex rooms, living room, kitchen and halls.  Wall-to-wall Carpeting in Bedrooms and Closets  Designer LED Lighting throughout  8’ Paneled SOLID CORE wood Interior Doors  5” Baseboards  Designer Entry Door with SMART HOME Keyless Security Dead Bolt  10’ ceilings 1st – 3rd Floors and 11’ ceilings 4th Penthouse Floor (ceiling drop locations per plan)  Large Walk-In Closets  Two-Tone paint throughout  Upgraded Melamine Closet Shelving  Structured Wiring Cat-5e Cable for High Speed Internet/Home Office in Bedrooms, Den and dual sides in Living Room  Standard Built-in Natural Gas Fireplace in the Living Room (Drywall finish)

Designer Kitchens

 QUARTZ Countertops with Under-mount Stainless Steel Single Bowl Sink  BOSCH STAINLESS STEEL APPLIANCE PACAKAGE CONSISTING OF: o Double Wall Oven featuring European Convection o Dishwasher with Flexible 3rd Rack o 36” Five Burner Natural Gas Cooktop o Wall mounted Chimney Hood Ventilation Fan o Microwave Drawer  42” Upper and 36” Lower Maple Shaker Cabinets with Choice of Colors and Door Hardware  Kitchen Islands with options of expansion  Pre-Plumbed Reverse Osmosis Water Line for Ice-Water  Garbage Disposal

Luxurious Baths

 QUARTZ Vanity Tops with Under-Mount Square Sinks  Dual Sinks in Master Baths  Upgraded Stainless Delta Faucets  Clear Glass and Stainless Shower Enclosure  12”x24” Porcelain Tile Surrounds in all Showers and Tub/Showers Unit #: 356 27 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023  Smart Height Water Saving Toilets throughout ROC LEGAL  Recessed Mirrored Medicine Cabinets  Linen Cabinets and Closets  Framed Glass Mirrors

Quality Construction and Exterior Design

 Statesman Super Structure consisting of 8” Post-Tension Slab with an 8” Suspended Ceiling and Wood Construction with Built-in Sound Attenuation Features  Concrete Barrel Tile Roofs  Teak Wood and Metal Exterior Design Features  Modern Finish Wall Stucco  Desert Contemporary Inspired Architectural Design  Glass Fencing around Pools to MAXIMIZE views  Electrical Outlet on Patios  Hose Bib (on Expansive Main Floor Patios Only)  Enlarged Sliding Glass Patio Doors  Extended Exterior Balconies for Lounge and Dining

Energy Saving Features

 High Efficiency (14 SEER rated) Air Conditioning Units  Efficient Mechanical System for Heat and Air-Conditioning  Centralized Soft Water to every Home (Included in the HOA Fees)  Low-E Dual Pane Insulated Glass Windows and Doors

Reassuring Security Features

 Elevator Access from Gated Underground Parking  Electronic Access to Buildings  Exterior Lighting on Photo-Cells  Fire Protection Sprinkler System  Smoke Detectors  Key Fob Access for Main Entrance and Elevators

Seller reserves the right to modify the interior and exterior design specifications, location, size, design features, services, amenities and pricing without PRIOR notice. Any and all information provided is for “marketing purposes” only. No representations of any type are made by the marketing material, which are subject to change without notice. All dimensions may not be to scale, square footages are approximate, and modifications may vary by unit. No binding offers to sell may be made or accepted prior to issuance of a final Arizona Subdivision

HOMEOWNER’S ESTIMATED MONTHLY HOA FEES

Unit #: 356 28 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023  Water Costs  Common Area  Two (2) Large *Exclusive for The ROC LEGAL (Personal and Maintenance and Fitness Center Luxe Residents Only Common Area) Repair (Private (Full-Service Streets, Lighted Equipment)  Natural Gas  Clubhouse Walkways, Courtyards,  Three (3) Media Oven/Range and  Exposition Kitchen Water Features, Fire Interior Fireplace Lounge Areas with  Wine Room Features and other  Garbage Removal Specialty Features) Large Plasma TV’s  Exclusive Fitness  Sewage  Landscape (NFL/NHL Center/Yoga Room Package)  His / Her Steam  Soft Water Units in Maintenance Room and Showers garage for each  Surface and Secured  Two (2) Clubhouse Areas  Theater building Underground Parking  Games Area  Hot Water Boiler  Exterior Pest Control  Two (2) Community  Cyber Café Tanks for each  Reserve Fund for Kitchens  Beer Garden building Long-Term Repairs  Outdoor BBQ Areas  Conference Room  Energy Efficient and Replacements with Social Fire Pits  Two (2) Heated HVAC for the  Exterior Fire, Liability for socializing and Resort Style Pools and Structural relaxation and Spas Common Areas Insurance  Three (3) Heated  Ramada  LED Energy  24/7 Gate Attended Resort Style Pools  Outdoor Kitchens Efficient Lights Community and Spas and BBQ’s throughout  Gated Entrance to the  Business Center  Social Areas, Fire  Natural Gas rough- Underground Parking Pits, Lush in on the Patio with High Speed and Buildings Landscaping and (Upgrade Option(s))  Common Area Wi-Fi Elegant Water for an Outdoor Janitorial  Billiards Games Features Kitchen) *Patio  Full-Time Community Area  Full-Time Lifestyle  Community Board / Member Services Fireplace is Manager, Assistant Representative dependent on Floor Community Manager, Meeting Room Facilities Director,  Valet Trash Service Plan  White Glove Lifestyle Director,  Vivint SMART Concierge Technology Security Concierge, Service™ (book tee Package Administrative times, dinner  Vicidiem High Speed Assistant, Three (3) reservations and Internet Package Maintenance Techs. providing a minimum Porter, Two Night reserve activities) 300+ Mbps Managers, Five (5)  His / Her Steam upload/download, Gate Attendants Rooms and Lockers dedicated  Exclusive VIP Card commercial SLA rated service to each condominium  Butterfly MX Property Access System

TOTAL MONTHLY FEE - $888.00 / MONTH + $37.00 for DRCA Monthly Assessment *This document is for marketing purposes only and the monthly fee is an estimated amount and is subject to change.

Unit #: 356 29 Buyer’s Initials:__________/__________ Seller’s Initials:_______________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

ADDENDUM TO THE REAL ESTATE PURCHASE CONTRACT

ADDENDUM #: 2

TODAY’S DATE: 11/03/21

This is an Addendum to the Purchase Contract dated 11/03/21 between

The Luxe 1A L.P as the “Seller” and Joshua J.B. Baldwin as the “Buyer”.

Property Address: 5250 E Deer Valley Drive Unit #356, Phoenix, Arizona 85054.

The following additional terms and conditions are hereby included as a part of the Purchase Contract described above:

The Buyer has elected to add the Bosch Refrigerator to his home purchase in the amount of $3600.00, which is already included in the upgrade price listed in the Purchase Agreement. The refrigerator to be installed is: 36" Counter-Depth 3-Door Refrigerator 800 Series – Stainless Steel B36CT80SNS.

The undersigned agrees to the aforementioned additional terms and conditions and acknowledges receipt of copy hereof.

Sales Associate: _________________________________ Buyer: _______________________________________

11/3/2021 Seller’s Associate’s Receipt Date: Date:

SELLER’S ACCEPTANCE:

By:

Its: Manager and Seller’s Authorized Agent

Seller’s Acceptance Date:

For Broker Use Only: Brokerage File/Log No.: ______________Broker's Initials: ____________Date: ________________ MO/DA/YR

Unit #: 356 Buyer’s Initials__________/__________ Seller’s Initials__________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

ADDENDUM TO THE REAL ESTATE PURCHASE CONTRACT RE-SALE DISCLOSURE

TODAY’S DATE: 11/03/21

This is an Addendum to the Purchase Contract dated 11/03/21 between

The Luxe 1A, LP as the “Seller” and Joshua J.B. Baldwin as the “Buyer”.

Property Address: 5250 E Deer Valley Drive Unit #356, Phoenix, Arizona 85054.

The following additional terms and conditions are hereby included as a part of the Purchase Contract described above. The Buyer(s) acknowledge and agrees to the following;

1. It is the intent of the Seller to establish a community with high standards and continue to maintain the community with the integrity and vision initially established. To further create continuity in the sale of the properties within the Project, the Buyer(s) agree to not sell their property for a period of six (6) months from the date of Close of Escrow. After the six (6) months, the Buyer(s) can utilize any licensed real estate broker or real estate agent of their choice.

The undersigned agrees to the aforementioned additional terms and conditions and acknowledges receipt of copy hereof.

Sales Associate: _________________________________ Buyer: _______________________________________

11/3/2021 Seller’s Associate’s Receipt Date: Date:

SELLER’S ACCEPTANCE:

By:

Its: Manager and Seller’s Authorized Agent

Seller’s Acceptance Date:

For Broker Use Only: Brokerage File/Log No.: ______________Broker's Initials: ____________Date: ________________ MO/DA/YR

Unit #: 356 Buyer’s Initials__________/__________ Seller’s Initials__________ DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

WIRE FRAUD ADVISORY AND HOLD HARMLESS AGREEMENT

Property Address: 5250 E Deer Valley Drive Unit #356 Phoenix, AZ 85054

I. WIRE FRAUD ADVISORY

Wiring funds is a commonly used vehicle to deposit funds with a title or escrow company for real estate transactions; however, it has also been used as an opportunity by hackers and scammers to perpetrate electronic theft.

Accordingly, Buyers and Sellers are advised as follows:

1. Please obtain the phone number of the title or escrow officer at the beginning of the transaction. Do not wire funds prior to contacting your title or escrow officer by telephone in order to confirm the appropriate wiring instructions. If you receive wire transfer instructions in an email or in any other manner with a phone number that is different than the phone number previously provided by your title or escrow officer, please use the phone number obtained at the beginning of the transaction. If you are not sure about the instructions, talk to the title or escrow officer that contacted you at the beginning of the transaction.

2. Avoid sending personal information in emails or text messages such as your social security number and date of birth. Provide such information in person or over the telephone to the title or escrow officer.

3. Take appropriate steps to secure the system you are utilizing for your email account.

4. If you believe you have received questionable or suspicious wire instructions, immediately notify your bank, the title or escrow officer, and your real estate broker/agent.

II. HOLD HARMLESS AGREEMENT

To the fullest extent permitted by law, the undersigned Buyers and Sellers shall defend, indemnify and hold harmless Statesman Sales and Marketing, LLC. and its representatives, partners, stockholders, designees, officers, directors, agents, employees and independent contractors and their respective heirs, successors and assigns from any and all losses, expenses, including attorney fees, liabilities, claims, demands, court costs, causes of action and judgments arising out of any improper or fraudulent wire transfer related to the purchase or sale of the above-referenced property.

The undersigned acknowledge that each has read, understands and hereby agrees to this Wire Fraud Advisory and Hold Harmless Agreement.

Buyer Date

Seller Date

Seller Date 4839-7157-0257.2 DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

Unit: 356 Purchaser: Joshua J.B. Baldwin Salesperson: Brenna Carmazzi

BROKER CO-OP FORM

Agent Affidavit

I hereby certify that I am a duly licensed Real Estate Salesperson in the State of Arizona, that I registered Purchaser(s) at The Cays located within Downtown Ocotillo prior to, or on his/her/their first point of contact including, but not limited to, social media (Instagram, Facebook, Websites, On-line Chat, etc.), telephone, email and any on-site visits and/or tours, and that my Broker is therefore entitled to a commission equal to one and a half percent (1.5%) of the base sales price (not including location premium), less any credits (including credits towards Options/Upgrades), upon close of escrow. The cost of any credits, incentives or concessions paid by Seller shall be deducted from the base sales price prior to the calculation of commission and no commission will be paid on them. Commission will not be paid on any options or upgrades. N/A 11/3/2021 By: Date: Agent’s Signature N/A Agent’s Name: N/A Agent’s ADRE Number: N/A Broker’s Name: Broker’s ADRE Number: N/A

Broker’s Address: N/A Broker’s Phone Number: N/A

Buyer Affidavit

I/We hereby certify that I/We were represented prior to our first point of contact to The Cays at Downtown Ocotillo Sales Gallery by the Agent whose name appears above.

By: Date:

Seller’s Acceptance Based on the representation above, Seller hereby agrees to pay the Broker shown above a commission of one and a half percent (1.5%) of the base sales price (excluding location premiums, options or upgrades, and any credit/incentives) upon close of escrow.

By: Date: DocuSign Envelope ID: 1A81E9B9-672A-4DA3-A860-3438932F2607 RECEIVED 10/12/2023 ROC LEGAL

BUYER: Joshua J.B. Baldwin

CONTRACT DATE: 11/03/2021

UNIT #: __356____,

Buyer Hereby acknowledges receipt of the following documents:

Required Signatures Public Report and Receipt Buyer Condo Purchase Agreement and addenda Buyer, Seller, Agent Schedule A: Site Plan Buyer, Seller Schedule B: Declaration of CC&RS and any amendments Buyer, Seller Schedule C: A description showing the exterior finishes of the buildings Buyer Schedule D: Unit floor plan ans Garage floor plan Buyer, Seller Schedule E: Options/Upgrades List and Promossory Note (if appliable) Buyer, Seller Schedule F: Disclosure, Disclaimer and Waiver Regarding Mold Conditions Buyer Schedule G: Care and Maintenance Buyer Parking Map Buyer Broker Co-Op Form Buyer, Seller, Agent

CONDO DISCLOSURE DOCUMENTS IN ELECTRONIC FORMAT

_______ Amended & Restated Declaration (aka CC&R’s) - Recorded _______ Fifth Amendment to the Condominium Plat - Recorded

_______ The Luxe Phasing Plan Map

_______ The Luxe HOA dues

ALL OF THE ABOVE MENTIONED DOCUMENTS ARE IMPORTANT TO BUYER'S PURCHASE OF THE PURCHASED UNIT. BY SIGNING BELOW, BUYER ACKNOWLEDGES THAT BUYER HAS RECEIVED ALL OF THE ABOVE DOCUMENTS AND HAD THE OPPORTUNITY TO READ THEM PRIOR TO EXECUTING THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS AND THE ABOVE DOCUMENTS HAVE BEEN READ AND APPROVED BY BUYER.

Seller is offering each prospective purchaser the opportunity to obtain copies of the documents indicated above via FTP in electronic format. I have elected to receive the documents in electronic format. I am aware that paper copies of these documents are available from Seller and that I may request a set of paper copies from the Seller even if I initially choose electronic delivery of the documents. By choosing to receive the documents in electonic format, I consent to the delivery of the documents in electronic format. I affirm that I have access to and can operate a computer and have the software necessary to read the documents.

Joshua J. B. Baldwin Date Buyer Name Buyer Signature

Date Buyer Name Buyer Signature DocuSign Envelope ID: 4C918DC9-FDDE-417E-A77C-700DC7BF0314 PIONEER TITLE AGENCY, INC. 34597 N. 60th Street, Suite 106, Scottsdale, AZ 85266 Phone: (480) 595-3199 Fax: (866) 703-6587 Combined Settlement Statement Estimated Escrow No: 77502368 - 075 MEO Close Date: 10/05/2022 Proration Date: 10/05/2022 Date Prepared: 9/27/2022

Buyer(s)/Borrower(s): Joshua J.B. Baldwin Seller(s): The Luxe 6A, LP

Property: 5250 East Deer Valley Dr Unit 356 Phoenix, AZ 85054 Buyer Debit Buyer Credit Description Seller Debit Seller Credit TOTAL CONSIDERATION: 889,466.00 Total Consideration 889,466.00 ESCROW CHARGES 1,207.00 Escrow Fee to Pioneer Title Agency, Inc. RECORDING FEES: 30.00 Recording Fees to Pioneer Title Agency, Inc. 30.00 Designated Parking Space to Pioneer Title Agency, Inc. ADDITIONAL CHARGES: 300.00 New Account Set Up Fee to First Service Residential 918.00 2 Months HOA Dues to Toscana at Desert Ridge Condo 918.00 Reserve Fee to Toscana at Desert Ridge Condo 918.00 Working Capital Fee to Toscana at Desert Ridge 858.00 2 Months HOA Dues to The Luxe 858.00 Reserve Fee to The Luxe 858.00 Working Capital Fee to The Luxe 2022 Property Taxes to Maricopa County 101.08 Treasurer PRORATIONS AND ADJUSTMENTS: 24.37 County Taxes from 10/5/2022 to 1/1/2023 24.37 based on the Annual amount of $101.08 105.83 Desert Ridg 366.71 Toscana 392.35 The Luxe 12.00 Wire Fee Wire Fee 12.00 88,946.60 Deposits Deposits 88,946.60 PAYOFFS: Payoff to UMB Bank N.A. 800,044.69 Partial Payoff 788,451.85 Document Prep Fee 25.00 Credit to The Luxe 6A Acciybt 11,567.84 TITLE CHARGES: 410.00 Owners Policy $889,466.00 to Pioneer Title 410.00 Agency, Inc. 897,672.26 88,946.60 Sub Totals 889,502.37 889,502.37 808,725.66 Balance Due From Buyer 897,672.26 897,672.26 Totals 889,502.37 889,502.37

Printed by Melissa Offenburger on 9/27/2022 - 1:17:46PM Page 1 of 2 DocuSign Envelope ID: 4C918DC9-FDDE-417E-A77C-700DC7BF0314 PIONEER TITLE AGENCY, INC. 34597 N. 60th Street, Suite 106, Scottsdale, AZ 85266 Phone: (480) 595-3199 Fax: (866) 703-6587 Combined Settlement Statement Estimated Escrow No: 77502368 - 075 MEO Close Date: 10/05/2022 Proration Date: 10/05/2022 Date Prepared: 9/27/2022

It is agreed by the undersigned that the foregoing statement may change if a change in the escrow closing occurs or if other unforeseen contingencies arise. In the event changes in the statement become necessary, you are nevertheless authorized to close this escrow. It is understood that we will receive a final statement of account if the above totals are changed.

9/29/2022 APPROVED AND ACCEPTED THIS __________________ DAY OF ________________________________________________________

Buyer(s)/Borrower(s):

Joshua J.B. Baldwin

Seller(s): The Luxe 6A, LP By: C2S Management, Inc. an Arizona Corporation As General Partner

Alana Mann, President

Printed by Melissa Offenburger on 9/27/2022 - 1:17:46PM Page 2 of 2 10/20/23, 8:11 AM State of Arizona Mail - RE: Complaint#2023-10375 & Written Dirctive Notice

Answers - AZROC <[email redacted]>

RE: Complaint#2023-10375 & Written Dirctive Notice message

Charles Bearman <[email redacted]> Thu, Oct 19, 2023 at 2:38 PM To: Robert Di Alto <[email redacted]> Cc: "[email redacted]" <[email redacted]>

Robert,

We received the citation from you on this one. Please be aware that we had an appointment for 10/11/23, after you and I spoke, and the homeowner was not there. Our team waited for some time, but no one ever answered or showed up. We have left the replacement parts on-site in another unit at the direction of the Statesman Group. We are waiting to be able to have access so we can complete the work. Our team is continuing to try and resolve, but without access we are unable to do so. Please let us know how we should proceed in regards to the citation.

Thank you,

Charles Bearman Director Sales, Marketing & Product Development

623-412-1901 Ext. 106 Mobile 623-224-7073 Fax (Main) 623-412-9319 [email redacted] www.oakcraft.com

Current Lead Times: Elevate (Frameless/Full Access) 4 weeks and Timeless (Framed Cabinets) 4 weeks

This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

From: Robert Di Alto <[email redacted]> Sent: Wednesday, September 27, 2023 5:08 PM To: Charles Bearman <[email redacted]> Subject: Complaint#2023-10375 & Written Dirctive Notice

Dear Respondent,

https://mail.google.com/mail/b/AEoRXRRAl_jU3xrYy6doXePe2Uroj1w8GsItbt7CEDETwPjZZ4md/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 1/2 10/20/23, 8:11 AM State of Arizona Mail - RE: Complaint#2023-10375 & Written Dirctive Notice

A written directive has now been issued regarding the above listed complaint. Please see the attached directive for details and instructions (a copy has also been mailed to your address on file). You have until 10/10/2023 to correct the issues. Please respond and acknowledge receipt of this email.

Regards, Robert Di Alto Robert Di Alto Investigator #228 Arizona Registrar of Contractors 1700 West Washington St., Suite 105 Phoenix, AZ 85007 602.771.6758 [email redacted] Hours: Mon.- Fri. 8:00 AM - 5:00 PM

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

https://mail.google.com/mail/b/AEoRXRRAl_jU3xrYy6doXePe2Uroj1w8GsItbt7CEDETwPjZZ4md/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 2/2