2023A-12772-CHC-ROC Notice of Hearing & Packet MAILED 2023-12772.pdf

2023A-12772-CHC-ROC · Registrar of Contractors · 2024-05-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Aaron Moeller , Case No. 2023-12772

COMPLAINANT, Docket No. 2023A-12772-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE D R H Tucson Construction Inc. License No. ROC 124600,

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

HEARING INFORMATION The hearing is set for:

June 28, 2024 9:00 AM Velva Moses-Thompson 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 April 11, 2024 SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

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

cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

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

argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

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

HEARING PROCEDURES AND RULES

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

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

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

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

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the

Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit,

without good cause, may result in the administrative law judge excluding those witnesses or

exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20-

%20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties,

the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated May 21, 2024. By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail May 21, 2024 to: Respondent(s) D R H Tucson Construction Inc. 6875 N Oracle Road, Ste 125 Tucson, AZ 85704 Respondent's Attorney Rosary A. Hernandez, Esq. 1850 N Central Ave Ste 1700 Phoenix, AZ 85004

Complainant(s) Aaron Moeller 10173 N Sand Sage Trl Marana, AZ 85653

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-12772 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Katie Hobbs, Governor Martin Quezada, Director

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

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

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

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

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

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

Complainant: Aaron Moeller 10173 N Sand Sage Trl. Marana, AZ 85653

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: D R H Tucson Construction Inc 6875 N Oracle Road, Ste 125 Tucson, AZ 85704

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 13, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-12772

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 12, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Aaron Moeller 10173 N Sand Sage Trl. Marana, AZ 85653

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: D R H Tucson Construction Inc 6875 N Oracle Road, Ste 125 Tucson, AZ 85704

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 January 2, 2024

Jobsite Inspection Notice Re: Complaint Number 2023-12772

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 12, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Arizona Registrar of Contractors Jobsite Inspection Notes Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Complainant: Aaron Moeller Respondent: D R H Tucson Construction Inc

Present for the complainant: Aaron Moeller Present for the respondent: Vicky Yanez, Marlaina Spillios, Jorge Overview of project: This is a new home construction with the Closing Dare listed as 12/22/22 General Notes: Photos taken with agency issued Canon PowerShot ELPH180 and/or agency issued Google cell phone. Audio recorded with agency issued Olympus recorder and/or agency issued Google cell phone.

Complaint Item 1: “-Master tub is cracked.;” Investigator’s Observations: Verified. There is a visible crack in the top/front rim of the tub. The respondent acknowledged this will be corrected. Note: the crack is through the material. Any potential repair vs replacement needs to be an accordance with manufacturer recommendations. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “-Marks which appear to be burn marks present in master bath and shower.;” Investigator’s Observations: Verified. There are visible rust colored stains in the bottom of the tub and in the shower pan. The respondent acknowledged this will be corrected. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “-Glass in master shower does not match. one pane clear, one pane opaque.;” Investigator’s Observations: Verified. The swinging panel of the master shower door is textured “rain glass” type glass, the stationary panel is smooth clear glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “-Missing Towel racks in master bath. ;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There is no evidence the respondent was contractually obligated to install additional towel bars/racks. Governing Rule: N/A

Complaint Item 5: “-Front door does not close effortlessly. Electronic lock cannot function due to poor door fitting. Also key cannot be turned in lock. ;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The complainant acknowledged the door and lock are working correctly at this time. Governing Rule: N/A RCC100

Arizona Registrar of Contractors Jobsite Inspection Notes

Complaint Item 6: “-Keys provided do not work on garage service door. ;” Investigator’s Observations: Verified. The respondent acknowledged all exterior locksets are intended to be keyed alike. The key would not operate the lockset on the side door of the garage. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 7: “-Three way light switch in garage and upstairs hallway do not function properly. ;” Investigator’s Observations: Verified. As stated, the three-way switches in both locations are not functioning properly. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 8: “-Front porch light never has never worked. ;” Investigator’s Observations: Verified. One of the recessed front porch lights does not come on with the switch. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “-Pantry light has fallen out of the housing. ;” Investigator’s Observations: Verified. The ceiling light in the pantry is hanging by the wires, and the electrical box is not secure in the ceiling. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “-No switched outlet present in bedroom #3 ;” Investigator’s Observations: Verified. Both halves of all accessible receptacles in this room are permanently hot, none are controlled by a switch. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “-Cabinet front in bathroom #2 is not secured.;” Investigator’s Observations: Verified. The top of the vanity face frame in this bathroom is loose / not secured to the vanity top. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 12: “-shower surrounds were never caulked.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The vertical seams between the factory-made shower panels are not caulked. Typically, manufacturers do not require these seems to be caulked. Unless specified in the manufacturer’s installation instructions, these seams do not require caulking. Governing Rule: N/A

Complaint Item 13: “-Caulking failing in kitchen/bathrooms/certain windows.;” Investigator’s Observations: Verified. The close of escrow for this home was stated to be 12/22/23. RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes The respondent acknowledged areas of caulking will be addressed/corrected as part of the one year walk- through. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 14: “-Dishwasher lacks high loop drain to prevent sink backwash;” Investigator’s Observations: Verified. There is no high loop, or other back flow prevention device, in the dishwasher drain hose. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 15: “-Microwave does not function.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). As stated in the Arizona workmanship Standards: Defects in appliances properly installed by the contractor should be limited to the manufacturer’s warranty. Governing Rule: N/A

Complaint Item 16: “-Concrete splash blocks on gutters were not present;” Investigator’s Observations: Verified. The respondent acknowledged these will be provided. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 17: “-Tree in front yard died and was removed by dr horton landscapers and not replaced as per contract.;” Investigator’s Observations: This allegation item is not grounds for the suspension or revocation of the Respondent’s license under A.R.S. § 32-1154(A), and therefore, outside the Registrar’s jurisdiction. Governing Rule: N/A

Complaint Item 18: “-Utility lines still protruding from ground in front yard.;” Investigator’s Observations: Verified. Protruding from the yard; conduits and tracer wires, presumably intended for communication cables. There is no visible communication wires in these particular conduits. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 19: “-AC units not on level surfaces.;” Investigator’s Observations: Verified. One exterior A/C unit is approximately 1/2 inch out of level. One exterior A/C unit is approximately one inch out of level. International Residential Code (IRC) includes: • M1305: Equipment and appliances supported from the ground shall be level and firmly supported… Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 20: “-Porch roofing is pealing;” Investigator’s Observations: Verified. The roofing material at the patio cover is lifting/curling from the roof edges. RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 21: “-Multiple broken roof tiles cracked at time of closing;” Investigator’s Observations: This allegation is NOT verified. There is not sufficient evidence to verify this allegation as a violation of A.R.S. § 32-1154(A). Based on inspection photos provided by the complainant, there are several cracked/broken roof tiles. Based on inspection photos provided by the complainant, it is evident the third party inspector walked on the roof. It cannot be determined with certainty that the cracked and/or broken tiles are the responsibility of the respondent. Governing Rule: N/A

Complaint Item 22: “-Sealant around roof vents cracked at time of closing;” Investigator’s Observations: Verified. Based on inspection photos provided by the complainant, sealant around some roof protrusions is cracking. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 23: “-Laundry room door has severe paint overspray;” Investigator’s Observations: Verified. There is a vertical overspray line on the face of this door. The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk- through. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “-Front door/ garage door have paint drips.;” Investigator’s Observations: Verified. There are paint runs on the entry door and the garage door. The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk- through. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 25: “-Painters came to patch things up but paint did not match on ceiling in kitchen. Other areas where drywall and paint were not completed.;” Investigator’s Observations: Verified. There is visible color/sheen difference around the perimeter of the kitchen ceiling. Other paint issues observed include: • Areas of incomplete paint and/or inadequate paint coverage • Poorly matched touch-up paint • Stains on the base trim • Debris embedded in the paint on the base trim • Unfilled and/or poorly filled nail holes in the trim

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes • Poor caulking at the joints in the base trim The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk- through. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 26: “-Upstairs subfloor not even.;” Investigator’s Observations: Verified. At least one area of the upstairs floor was uneven / out of level by approximately 1/2 inch in a four foot span. At least one area of the upstairs floor was uneven / out of level by approximately 3/8 inch in a four foot span. As stated in the Arizona workmanship Standards: • Unevenness of floor should not exceed 3/16 in in 48 inches. • Floors should be level within 1/2" in any 12 foot run. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 27: “-Bathroom #2/3 paint was never completed.;” Investigator’s Observations: Verified. Paint issues observed include: • Areas of incomplete paint and/or inadequate paint coverage • Poorly matched touch-up paint • Stains on the base trim • Debris embedded in the paint on the base trim • Unfilled and/or poorly filled nail holes in the trim • Poor caulking at the joints in the base trim The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk- through. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 28: “-Water heater shorts out at fuse box.;” Investigator’s Observations: This allegation is NOT verified. This was not observed or duplicated during this inspection. The water heater is a tankless gas fueled water heater. There is a 120 volt power source for the ignition and exhaust fan. Based on labeling in the main electrical panel, the receptacle is a 20 amp Branch/Feeder AFCI protected circuit breaker. (Yellow button) There were no visible deficiencies during this inspection. Governing Rule: N/A

Complaint Item 29: “-Shelf missing in kitchen cabinets.;” Investigator’s Observations: Verified.

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes The cabinet above the refrigerator; a shelf is inside the cabinet; however, there are no clips/pegs for the shelf to be installed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 30: “-After change in season, many doors have difficulty closing” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The complainant acknowledged the doors are closing correctly at this time. Governing Rule: N/A

Addendum items Complaint Item 31: “light above sink not centered” Investigator’s Observations: Verified. The recessed light above the kitchen sink is not centered over the sink, over the window, or between the cabinets. The respondent acknowledged the intention is for this light to be centered. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 32: “damage to the granite counter top in the kitchen” Investigator’s Observations: Verified. The granite countertop is cracked, and poorly repaired, approximately two inches away from a seam in the corner. The crack runs mostly parallel with the seam. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Jobsite Inspection Photos 1 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Jobsite Inspection Photos 2 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There is a visible crack in the top/front rim of the tub.

Jobsite Inspection Photos 3 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There is a visible crack in the top/front rim of the tub.

Jobsite Inspection Photos 4 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There are visible rust colored stains in the bottom of the tub and in the shower pan.

Jobsite Inspection Photos 5 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There are visible rust colored stains in the bottom of the tub and in the shower pan.

Jobsite Inspection Photos 6 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The swinging panel of the master shower door is textured “rain glass” type glass, the stationary panel is smooth clear glass.

Jobsite Inspection Photos 7 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

One of the recessed front porch lights does not come on with the switch.

Jobsite Inspection Photos 8 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The ceiling light in the pantry is hanging by the wires, and the electrical box is not secure in the ceiling.

Jobsite Inspection Photos 9 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The top of the vanity face frame in this bathroom is loose / not secured to the vanity top.

Jobsite Inspection Photos 10 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The vertical seams between the factory-made shower panels are not caulked. Typically, manufacturers do not require these seems to be caulked. Unless specified in the manufacturer’s installation instructions, these seams do not require caulking.

Jobsite Inspection Photos 11 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The vertical seams between the factory-made shower panels are not caulked. Typically, manufacturers do not require these seems to be caulked. Unless specified in the manufacturer’s installation instructions, these seams do not require caulking.

Jobsite Inspection Photos 12 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There is no high loop, or other back flow prevention device, in the dishwasher drain hose.

Jobsite Inspection Photos 13 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Complaint Item 16: “-Concrete splash blocks on gutters were not present;” Investigator’s Observations: Verified. The respondent acknowledged these will be provided.

Jobsite Inspection Photos 14 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Complaint Item 17: “-Tree in front yard died and was removed by dr horton landscapers and not replaced as per contract.;” Investigator’s Observations: This allegation item is not grounds for the suspension or revocation of the Respondent’s license under A.R.S. § 32-1154(A), and therefore, outside the Registrar’s jurisdiction.

Jobsite Inspection Photos 15 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Complaint Item 18: “-Utility lines still protruding from ground in front yard.;”

Jobsite Inspection Photos 16 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

One exterior A/C unit is approximately 1/2 inch out of level. One exterior A/C unit is approximately one inch out of level.

Jobsite Inspection Photos 17 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

One exterior A/C unit is approximately 1/2 inch out of level. One exterior A/C unit is approximately one inch out of level.

Jobsite Inspection Photos 18 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

One exterior A/C unit is approximately 1/2 inch out of level. One exterior A/C unit is approximately one inch out of level.

Jobsite Inspection Photos 19 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The roofing material at the patio cover is lifting/curling from the roof edges.

Jobsite Inspection Photos 20 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The roofing material at the patio cover is lifting/curling from the roof edges.

Jobsite Inspection Photos 21 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There is a vertical overspray line on the face of this door.

Jobsite Inspection Photos 22 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There are paint runs on the entry door and the garage door.

Jobsite Inspection Photos 23 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There are paint runs on the entry door and the garage door.

Jobsite Inspection Photos 24 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There is visible color/sheen difference around the perimeter of the kitchen ceiling.

Jobsite Inspection Photos 25 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

There is visible color/sheen difference around the perimeter of the kitchen ceiling.

Jobsite Inspection Photos 26 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

• Areas of incomplete paint and/or inadequate paint coverage

Jobsite Inspection Photos 27 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

• Stains on the base trim • Poor caulking at the joints in the base trim

Jobsite Inspection Photos 28 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

• Debris embedded in the paint on the base trim • Unfilled and/or poorly filled nail holes in the trim

Jobsite Inspection Photos 29 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

• Poorly matched touch-up paint

Jobsite Inspection Photos 30 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

• Areas of incomplete paint and/or inadequate paint coverage

Jobsite Inspection Photos 31 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

At least one area of the upstairs floor was uneven / out of level by approximately 1/2 inch in a four foot span. At least one area of the upstairs floor was uneven / out of level by approximately 3/8 inch in a four foot span.

Jobsite Inspection Photos 32 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

At least one area of the upstairs floor was uneven / out of level by approximately 1/2 inch in a four foot span. At least one area of the upstairs floor was uneven / out of level by approximately 3/8 inch in a four foot span.

Jobsite Inspection Photos 33 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Complaint Item 28: “-Water heater shorts out at fuse box.;” Investigator’s Observations: This allegation is NOT verified. This was not observed or duplicated during this inspection. The water heater is a tankless gas fueled water heater. There is a 120 volt power source for the ignition and exhaust fan. Based on labeling in the main electrical panel, the receptacle is a 20 amp Branch/Feeder AFCI protected circuit breaker. (Yellow button) There were no visible deficiencies during this inspection.

Jobsite Inspection Photos 34 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Complaint Item 28: “-Water heater shorts out at fuse box.;” Investigator’s Observations: This allegation is NOT verified. This was not observed or duplicated during this inspection. The water heater is a tankless gas fueled water heater. There is a 120 volt power source for the ignition and exhaust fan. Based on labeling in the main electrical panel, the receptacle is a 20 amp Branch/Feeder AFCI protected circuit breaker. (Yellow button) There were no visible deficiencies during this inspection.

Jobsite Inspection Photos 35 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The cabinet above the refrigerator; a shelf is inside the cabinet; however, there are no clips/pegs for the shelf to be installed.

Jobsite Inspection Photos 36 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The recessed light above the kitchen sink is not centered over the sink, over the window, or between the cabinets.

Jobsite Inspection Photos 37 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The granite countertop is cracked, and poorly repaired, approximately two inches away from a seam in the corner. The crack runs mostly parallel with the seam.

Jobsite Inspection Photos 38 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The granite countertop is cracked, and poorly repaired, approximately two inches away from a seam in the corner. The crack runs mostly parallel with the seam.

Jobsite Inspection Photos 39 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The granite countertop is cracked, and poorly repaired, approximately two inches away from a seam in the corner. The crack runs mostly parallel with the seam.

Jobsite Inspection Photos 40 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/12/2024 Inspection Time: 10:00AM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

The granite countertop is cracked, and poorly repaired, approximately two inches away from a seam in the corner. The crack runs mostly parallel with the seam.

Complainant: Aaron Moeller 10173 N Sand Sage Trl. Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Respondent: D R H Tucson Construction Inc 6875 N Oracle Road, Ste 125 Tucson, AZ 85704

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 January 18, 2024

Re: Complaint No. 2023-12772

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-12772, the Complainant submitted the attached addendum items.

A jobsite inspection is scheduled January 29, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended 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 C007 04/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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

Sincerely,

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 04/21 Arizona Registrar of Contractors Addendum Jobsite Inspection Notes Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/29/2024 Inspection Time: 10:00AM Address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Complainant: Aaron Moeller Respondent: D R H Tucson Construction Inc

Present for the complainant: Aaron Moeller Present for the respondent: Adrian Teso Also Present: ROC Investigator Greg Kinsfather

Complaint Item 33: “damage in pantry… on the underside of shelving.” Investigator’s Observations: Verified. There is damage to the shelving in the pantry, specifically, gouges in the bottom side of the shelving. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 34: “damage to dining room window.” Investigator’s Observations: Verified. There is a visible scratch in the glass of the dining room window. As explained during this inspection, this issue was first noticed and discussed during the walk-thru. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Addendum Item(s) Inspection Photos 1 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/29/2024 Inspection Time: 10:00AM Address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Addendum Item(s) Inspection Photos 2 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/29/2024 Inspection Time: 10:00AM Address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Damaged shelving in the pantry

Addendum Item(s) Inspection Photos 3 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/29/2024 Inspection Time: 10:00AM Address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Damaged shelving in the pantry

Addendum Item(s) Inspection Photos 4 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/29/2024 Inspection Time: 10:00AM Address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Visible scratch in the glass of the dining room window

Addendum Item(s) Inspection Photos 5 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 1/29/2024 Inspection Time: 10:00AM Address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Visible scratch in the glass of the dining room window

Complainant: Aaron Moeller 10173 N Sand Sage Trl. Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: D R H Tucson Construction Inc 6875 N Oracle Road, Ste 125 Tucson, AZ 85704

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 February 6, 2024

License No. ROC 124600

Re: Complaint No. 2023-12772

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 March 5, 2024.

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

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

Complaint Item 1: “-Master tub is cracked.;” Investigator’s Observations: Verified. There is a visible crack in the top/front rim of the tub. The respondent acknowledged this will be corrected. Note: the crack is through the material. Any potential repair vs replacement needs to be an accordance with manufacturer recommendations. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “-Marks which appear to be burn marks present in master bath and shower.;” Investigator’s Observations: Verified.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 There are visible rust colored stains in the bottom of the tub and in the shower pan. The respondent acknowledged this will be corrected. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “-Glass in master shower does not match. one pane clear, one pane opaque.;” Investigator’s Observations: Verified. The swinging panel of the master shower door is textured “rain glass” type glass, the stationary panel is smooth clear glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “-Keys provided do not work on garage service door. ;” Investigator’s Observations: Verified. The respondent acknowledged all exterior locksets are intended to be keyed alike. The key would not operate the lockset on the side door of the garage. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 7: “-Three way light switch in garage and upstairs hallway do not function properly. ;” Investigator’s Observations: Verified. As stated, the three-way switches in both locations are not functioning properly. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 8: “-Front porch light never has never worked. ;” Investigator’s Observations: Verified. One of the recessed front porch lights does not come on with the switch. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “-Pantry light has fallen out of the housing. ;” Investigator’s Observations: Verified. The ceiling light in the pantry is hanging by the wires, and the electrical box is not secure in the ceiling. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “-No switched outlet present in bedroom #3 ;” Investigator’s Observations: Verified. Both halves of all accessible receptacles in this room are permanently hot, none are controlled by a switch. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 11: “-Cabinet front in bathroom #2 is not secured.;” Investigator’s Observations: Verified. The top of the vanity face frame in this bathroom is loose / not secured to the vanity top. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 13: “-Caulking failing in kitchen/bathrooms/certain windows.;” Investigator’s Observations: Verified. The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of caulking will be addressed/corrected as part of the one year walk-through. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 14: “-Dishwasher lacks high loop drain to prevent sink backwash;” Investigator’s Observations: Verified. There is no high loop, or other back flow prevention device, in the dishwasher drain hose. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16: “-Concrete splash blocks on gutters were not present;” Investigator’s Observations: Verified. The respondent acknowledged these will be provided. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 18: “-Utility lines still protruding from ground in front yard.;” Investigator’s Observations: Verified. Protruding from the yard; conduits and tracer wires, presumably intended for communication cables. There is no visible communication wires in these particular conduits. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 19: “-AC units not on level surfaces.;” Investigator’s Observations: Verified. One exterior A/C unit is approximately 1/2 inch out of level. One exterior A/C unit is approximately one inch out of level. International Residential Code (IRC) includes: • M1305: Equipment and appliances supported from the ground shall be level and firmly supported… Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 20: “-Porch roofing is pealing;”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observations: Verified. The roofing material at the patio cover is lifting/curling from the roof edges. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 22: “-Sealant around roof vents cracked at time of closing;” Investigator’s Observations: Verified. Based on inspection photos provided by the complainant, sealant around some roof protrusions is cracking. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 23: “-Laundry room door has severe paint overspray;” Investigator’s Observations: Verified. There is a vertical overspray line on the face of this door. The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk- through. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “-Front door/ garage door have paint drips.;” Investigator’s Observations: Verified. There are paint runs on the entry door and the garage door. The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk- through. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 25: “-Painters came to patch things up but paint did not match on ceiling in kitchen. Other areas where drywall and paint were not completed.;” Investigator’s Observations: Verified. There is visible color/sheen difference around the perimeter of the kitchen ceiling. Other paint issues observed include: • Areas of incomplete paint and/or inadequate paint coverage • Poorly matched touch-up paint • Stains on the base trim • Debris embedded in the paint on the base trim • Unfilled and/or poorly filled nail holes in the trim • Poor caulking at the joints in the base trim The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk- through.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 26: “-Upstairs subfloor not even.;” Investigator’s Observations: Verified. At least one area of the upstairs floor was uneven / out of level by approximately 1/2 inch in a four foot span. At least one area of the upstairs floor was uneven / out of level by approximately 3/8 inch in a four foot span. As stated in the Arizona workmanship Standards: • Unevenness of floor should not exceed 3/16 in in 48 inches. • Floors should be level within 1/2" in any 12 foot run. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 27: “-Bathroom #2/3 paint was never completed.;” Investigator’s Observations: Verified. Paint issues observed include: • Areas of incomplete paint and/or inadequate paint coverage • Poorly matched touch-up paint • Stains on the base trim • Debris embedded in the paint on the base trim • Unfilled and/or poorly filled nail holes in the trim • Poor caulking at the joints in the base trim The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk- through. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 29: “-Shelf missing in kitchen cabinets.;” Investigator’s Observations: Verified. The cabinet above the refrigerator; a shelf is inside the cabinet; however, there are no clips/pegs for the shelf to be installed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 31: “light above sink not centered” Investigator’s Observations: Verified. The recessed light above the kitchen sink is not centered over the sink, over the window, or between the cabinets. The respondent acknowledged the intention is for this light to be centered. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 32: “damage to the granite counter top in the kitchen” Investigator’s Observations: Verified. The granite countertop is cracked, and poorly repaired, approximately two inches away from a seam in the corner. The crack runs mostly parallel with the seam. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 33: “damage in pantry… on the underside of shelving.” Investigator’s Observations: Verified. There is damage to the shelving in the pantry, specifically, gouges in the bottom side of the shelving. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 34: “damage to dining room window.” Investigator’s Observations: Verified. There is a visible scratch in the glass of the dining room window. As explained during this inspection, this issue was first noticed and discussed during the walk-thru. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Complaint Item 4: “-Missing Towel racks in master bath. ;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There is no evidence the respondent was contractually obligated to install additional towel bars/racks. Governing Rule: N/A

Complaint Item 5: “-Front door does not close effortlessly. Electronic lock cannot function due to poor door fitting. Also key cannot be turned in lock. ;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The complainant acknowledged the door and lock are working correctly at this time. Governing Rule: N/A

Complaint Item 12: “-shower surrounds were never caulked.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The vertical seams between the factory-made shower panels are not caulked. Typically, manufacturers do not require these seems to be caulked. Unless specified in the manufacturer’s installation instructions, these seams do not require caulking. Governing Rule: N/A

Complaint Item 15: “-Microwave does not function.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 As stated in the Arizona workmanship Standards: Defects in appliances properly installed by the contractor should be limited to the manufacturer’s warranty. Governing Rule: N/A

Complaint Item 17: “-Tree in front yard died and was removed by dr horton landscapers and not replaced as per contract.;” Investigator’s Observations: This allegation item is not grounds for the suspension or revocation of the Respondent’s license under A.R.S. § 32-1154(A), and therefore, outside the Registrar’s jurisdiction. Governing Rule: N/A

Complaint Item 21: “-Multiple broken roof tiles cracked at time of closing;” Investigator’s Observations: This allegation is NOT verified. There is not sufficient evidence to verify this allegation as a violation of A.R.S. § 32-1154(A). Based on inspection photos provided by the complainant, there are several cracked/broken roof tiles. Based on inspection photos provided by the complainant, it is evident the third party inspector walked on the roof. It cannot be determined with certainty that the cracked and/or broken tiles are the responsibility of the respondent. Governing Rule: N/A

Complaint Item 28: “-Water heater shorts out at fuse box.;” Investigator’s Observations: This allegation is NOT verified. This was not observed or duplicated during this inspection. The water heater is a tankless gas fueled water heater. There is a 120 volt power source for the ignition and exhaust fan. Based on labeling in the main electrical panel, the receptacle is a 20 amp Branch/Feeder AFCI protected circuit breaker. (Yellow button) There were no visible deficiencies during this inspection. Governing Rule: N/A

Complaint Item 30: “-After change in season, many doors have difficulty closing” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The complainant acknowledged the doors are closing correctly at this time. Governing Rule: N/A

Please direct all questions regarding this Directive to the undersigned Investigator. Sincerely, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Aaron Moeller 10173 N Sand Sage Trl. Marana, AZ 85653

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

C012 12/23 Respondent: D R H Tucson Construction Inc 6875 N Oracle Road, Ste 125 Tucson, AZ 85704

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

C012 12/23 March 27, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-12772

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Tuesday, April 9, 2024 at 2:30 PM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

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

Sincerely,

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

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

C012 12/23 Complainant: Aaron Moeller 10173 N Sand Sage Trl. Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: D R H Tucson Construction Inc 6875 N Oracle Road, Ste 125 Tucson, AZ 85704

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-12772 Investigator: John Smith Inspection Date: Tuesday, April 9, 2024 Inspection Time: 2:30 PM

Complainant: Aaron Moeller

Respondent: D R H Tucson Construction Inc

Compliance Jobsite Inspection

Present for the Complainant: Aaron Moeller Present for the Respondent: Vicky Yanez, Marlania Spillios, Adrian Teso Number of days allowed for corrective work per the Directive: 28 Number of days from issuance of the Directive to this inspection: 63

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

Compliance Jobsite Inspection General Notes: This Compliance Inspection was to evaluate the current conditions of item(s) requiring corrective action as stated on the Directive. Those item(s) are listed below.

Complaint Item 1: “-Master tub is cracked.;” Investigator’s Initial Observations: Verified. There is a visible crack in the top/front rim of the tub. The respondent acknowledged this will be corrected. Note: the crack is through the material. Any potential repair vs replacement needs to be an accordance with manufacturer recommendations. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been performed.

Complaint Item 2: “-Marks which appear to be burn marks present in master bath and shower.;” Investigator’s Initial Observations: Verified. There are visible rust colored stains in the bottom of the tub and in the shower pan. The respondent acknowledged this will be corrected. Compliance Inspection Findings for this item: This has been corrected.

Complaint Item 3: “-Glass in master shower does not match. one pane clear, one pane opaque.;” Investigator’s Initial Observations: Verified. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 The swinging panel of the master shower door is textured “rain glass” type glass, the stationary panel is smooth clear glass. Compliance Inspection Findings for this item: This has been corrected.

Complaint Item 6: “-Keys provided do not work on garage service door. ;” Investigator’s Initial Observations: Verified. The respondent acknowledged all exterior locksets are intended to be keyed alike. The key would not operate the lockset on the side door of the garage. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 7: “-Three way light switch in garage and upstairs hallway do not function properly. ;” Investigator’s Initial Observations: Verified. As stated, the three-way switches in both locations are not functioning properly. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 8: “-Front porch light never has never worked. ;” Investigator’s Initial Observations: Verified. One of the recessed front porch lights does not come on with the switch. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 9: “-Pantry light has fallen out of the housing. ;” Investigator’s Initial Observations: Verified. The ceiling light in the pantry is hanging by the wires, and the electrical box is not secure in the ceiling. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 10: “-No switched outlet present in bedroom #3 ;” Investigator’s Initial Observations: Verified. Both halves of all accessible receptacles in this room are permanently hot, none are controlled by a switch. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 11: “-Cabinet front in bathroom #2 is not secured.;” Investigator’s Initial Observations: Verified. The top of the vanity face frame in this bathroom is loose / not secured to the vanity top. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been performed.

Complaint Item 13: “-Caulking failing in kitchen/bathrooms/certain windows.;” Investigator’s Initial Observations: Verified. The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of caulking will be addressed/corrected as part of the one year walk-through. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been performed; however, there are still locations of cracked caulking.

Complaint Item 14: “-Dishwasher lacks high loop drain to prevent sink backwash;” Investigator’s Initial Observations: Verified. There is no high loop, or other back flow prevention device, in the dishwasher drain hose. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 16: “-Concrete splash blocks on gutters were not present;” Investigator’s Initial Observations: Verified. The respondent acknowledged these will be provided. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed / delivered.

Complaint Item 18: “-Utility lines still protruding from ground in front yard.;” Investigator’s Initial Observations: Verified. Protruding from the yard; conduits and tracer wires, presumably intended for communication cables. There is no visible communication wires in these particular conduits. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 19: “-AC units not on level surfaces.;” Investigator’s Initial Observations: Verified. One exterior A/C unit is approximately 1/2 inch out of level. One exterior A/C unit is approximately one inch out of level. International Residential Code (IRC) includes: • M1305: Equipment and appliances supported from the ground shall be level and firmly supported… Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed, and is considered to be acceptable.

Complaint Item 20: “-Porch roofing is pealing;” Investigator’s Initial Observations: Verified. The roofing material at the patio cover is lifting/curling from the roof edges. Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been performed; however, the current conditions do not meet ROC Workmanship Standards. Seams in roofing material are lifting and separating across complete patio roof.

Complaint Item 22: “-Sealant around roof vents cracked at time of closing;” Investigator’s Initial Observations: Verified. Based on inspection photos provided by the complainant, sealant around some roof protrusions is cracking. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complaint Item 23: “-Laundry room door has severe paint overspray;” Investigator’s Initial Observations: Verified. There is a vertical overspray line on the face of this door. The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk-through. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 24: “-Front door/ garage door have paint drips.;” Investigator’s Initial Observations: Verified. There are paint runs on the entry door and the garage door. The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk-through. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 25: “-Painters came to patch things up but paint did not match on ceiling in kitchen. Other areas where drywall and paint were not completed.;” Investigator’s Initial Observations: Verified. There is visible color/sheen difference around the perimeter of the kitchen ceiling. Other paint issues observed include: • Areas of incomplete paint and/or inadequate paint coverage • Poorly matched touch-up paint • Stains on the base trim • Debris embedded in the paint on the base trim • Unfilled and/or poorly filled nail holes in the trim • Poor caulking at the joints in the base trim The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk-through. Compliance Inspection Findings for this item: This remains incomplete / unfinished.

Complaint Item 26: “-Upstairs subfloor not even.;” Investigator’s Initial Observations: Verified. At least one area of the upstairs floor was uneven / out of level by approximately 1/2 inch in a four foot span. At least one area of the upstairs floor was uneven / out of level by approximately 3/8 inch in a four foot span. As stated in the Arizona workmanship Standards: • Unevenness of floor should not exceed 3/16 in in 48 inches. • Floors should be level within 1/2" in any 12 foot run. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed, and is considered to be acceptable.

Complaint Item 27: “-Bathroom #2/3 paint was never completed.;” Investigator’s Initial Observations: Verified. Paint issues observed include: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 • Areas of incomplete paint and/or inadequate paint coverage • Poorly matched touch-up paint • Stains on the base trim • Debris embedded in the paint on the base trim • Unfilled and/or poorly filled nail holes in the trim • Poor caulking at the joints in the base trim The close of escrow for this home was stated to be 12/22/23. The respondent acknowledged areas of paint will be addressed/corrected as part of the one year walk-through. Compliance Inspection Findings for this item: This remains incomplete / unfinished.

Complaint Item 29: “-Shelf missing in kitchen cabinets.;” Investigator’s Initial Observations: Verified. The cabinet above the refrigerator; a shelf is inside the cabinet; however, there are no clips/pegs for the shelf to be installed. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been fixed.

Complaint Item 31: “light above sink not centered” Investigator’s Initial Observations: Verified. The recessed light above the kitchen sink is not centered over the sink, over the window, or between the cabinets. The respondent acknowledged the intention is for this light to be centered. Compliance Inspection Findings for this item: The fixture has been relocated. The drywall and paint is unfinished.

Complaint Item 32: “damage to the granite counter top in the kitchen” Investigator’s Initial Observations: Verified. The granite countertop is cracked, and poorly repaired, approximately two inches away from a seam in the corner. The crack runs mostly parallel with the seam. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been performed.

Complaint Item 33: “damage in pantry… on the underside of shelving.” Investigator’s Initial Observations: Verified. There is damage to the shelving in the pantry, specifically, gouges in the bottom side of the shelving. Compliance Inspection Findings for this item: The damaged shelf has been replaced. Paint work is unfinished.

Complaint Item 34: “damage to dining room window.” Investigator’s Initial Observations: Verified. There is a visible scratch in the glass of the dining room window. As explained during this inspection, this issue was first noticed and discussed during the walk-thru. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been performed.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Note:

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

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244.

Sincerely,

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Inspection Photos 1 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 2 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 3 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 4 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 5 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 6 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 7 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 8 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 9 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 10 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

Compliance Inspection Photos 11 Complaint No.: 2023-12772 Investigator: John Smith #194 Inspection Date: 4/9/2024 Inspection Time: 2:30PM Jobsite address: 10173 N. Sand Sage Tr., Marana, AZ 85653

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Aaron Moeller, Case No. 2023-12772 COMPLAINANT, v. D R H Tucson Construction Inc., CITATION License No. ROC 124600, RESPONDENT.

The Registrar issues this Citation to D R H Tucson Construction Inc., (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 26, 2024, 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 November 6, 2023, Aaron Moeller (“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.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2023-12772. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than April 26, 2024. 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated April 11, 2024.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 11, 2024 to:

Respondent Certified Mail No: [number redacted] D R H Tucson Construction Inc. 6875 N. Oracle Road, Ste. 125 Tucson, AZ 85704

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

Respondent D R H Tucson Construction Inc. 6875 N. Oracle Road, Ste. 125 Tucson, AZ 85704

Complainant Aaron Moeller 10173 N. Sand Sage Trl. Marana, AZ 85653

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

Case No. 2023-12772

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Aaron Moeller Mailing Address (Enter jobsite in Contract/Project section) City State Zip

10173 N Sand Sage Trl. Marana Arizona 85653 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

DHI Commercial Construction, LLC ROC 347534 Street Address City State Zip

Phone Number Email

Name of Person(s) Representing License

Mark Kohler Contract/Project Information Contract Date Contract Amount Amount Paid

Date Work Started Date Work Stopped Date Work Was Completed

Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

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

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was All change orders were This project was This project involved New Home

A building permit was obtained by Contractor 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)

-Master tub is cracked.

; -Marks which appear to be burn marks present in master bath and shower.; -Glass in master shower does not match. one pane clear, one pane opaque.; -Missing Towel racks in master bath. ; -Front door does not close effortlessly. Electronic lock cannot function due to poor door fitting. Also key cannot be turned in lock. ; -Keys provided do not work on garage service door. ; -Three way light switch in garage and upstairs hallway do not function properly. ; -Front porch light never has never worked. ; -Pantry light has fallen out of the housing. ; -No switched outlet present in bedroom #3 ;

-Cabinet front in bathroom #2 is not secured. ; -shower surrounds were never caulked. ; -Caulking failing in kitchen/bathrooms/certain windows. ; -Dishwasher lacks high loop drain to prevent sink backwash ; -Microwave does not function. ; -Concrete splash blocks on gutters were not present ; -Tree in front yard died and was removed by dr horton landscapers and not replaced as per contract. ; -Utility lines still protruding from ground in front yard. ; -AC units not on level surfaces. ; -Porch roofing is pealing ; -Multiple broken roof tiles cracked at time of closing ; -Sealant around roof vents cracked at time of closing ; -Laundry room door has severe paint overspray ; -Front door/ garage door have paint drips. ; -Painters came to patch things up but paint did not match on ceiling in kitchen. Other areas where drywall and paint were not completed.

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

; -Upstairs subfloor not even. ; -Bathroom #2/3 paint was never completed. ; -Water heater shorts out at fuse box. ; -Shelf missing in kitchen cabinets. ; -After change in season, many doors have difficulty closing

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

Aaron Moeller \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 12/30/2022 1:17:18 DocuSign Envelope PM ID: BED43533-5772-4959-AB55-0530BF6128A0

12/30/2022

Alyssa Charlotte Moeller & Aaron Spencer Moeller

10173 N Sand Sage Trail Marana, AZ 85653

Re: Loan# [number redacted]

Dear Alyssa Charlotte Moeller & Aaron Spencer Moeller

Enclosed for your review is your official Closing Disclosure detailing your loan terms and costs. Changes to your personal financial condition, loan terms, closing date or purchase contract can impact the terms/costs on this document. You may receive a revised Closing Disclosure at or prior to closing in the event a change occurs.

PLEASE NOTE: Any outstanding requested information must be provided to DHI Mortgage in order to proceed to closing. Failure to provide these items in a timely manner may impact costs, delay your loan closing and/or prevent your loan from closing.

Please review the attached and contact your Mortgage Loan Originator with any questions.

Alberto Lagarda NMLS# 669801 6875 N. Oracle Rd. Ste 105 Tucson, AZ, 85704 Direct: E-fax: 866-454-1242 Email: [email redacted] 10700 Pecan Park Blvd, Suite#450, Austin, TX 78750 Phone: 512-502-0545 DHI Mortgage Company, Ltd. Limited Partnership, NMLS 14622

CD COVER LETTER 07/22/2020 12/30/2022 11:16:35 AM DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

This form is a statement of final loan terms and closing costs. Compare this Closing Disclosure document with your Loan Estimate.

Closing Information Transaction Information Loan Information Date Issued 12/30/2022 Borrower Alyssa Charlotte Moeller Loan Term 30 years Closing Date 12/22/2022 9777 N Thornydale Rd Apartment 11107 Purpose Purchase Disbursement Date 12/22/2022 Tucson, AZ 85742 Product Fixed Rate Settlement Agent Title Security Agency, LLC Seller DR Horton, America's Builder File # 600-205304 6875 N Oracle Rd Ste 105 Loan Type x Conventional FHA Property 10173 N Sand Sage Trail Tucson, AZ 85704 VA Marana, AZ 85653 Lender DHI Mortgage Company, Ltd. Limited Loan ID # [number redacted] Partnership MIC # 36326432 Sale Price $441,025

Loan Terms Can this amount increase after closing?

Loan Amount $418,974 NO

4.99 % Interest Rate NO

Monthly Principal & Interest $2,246.58 NO

See Projected Payments below for your

Estimated Total Monthly Payment

Does the loan have these features?

Prepayment Penalty NO Balloon Payment NO

Projected Payments Years 1-10 Years 11-30 Payment Calculation Principal & Interest $2,246.58 $2,246.58

Mortgage Insurance + 66.34 + —

Estimated Escrow + 102.66 + 102.66 Amount can increase over time

Estimated Total Monthly Payment $2,415.58 $2,349.24 This estimate includes In escrow? Estimated Taxes, Insurance x Property Taxes SOME & Assessments $547.48 x Homeowner’s Insurance YES

Amount can increase over time Monthly x Other: Homeowners Assoc Dues NO

See page 4 for details See Escrow Account on page 4 for details. You must pay for other property

costs separately.

Costs at Closing Closing Costs $8,435.95 Includes $7,407.74 in Loan Costs + $1,028.21 in Other Costs - $0 in Lender Credits. See page 2 for details.

Cash to Close $23,836.60 Includes Closing Costs. See Calculating Cash to Close on page 3 for details.

CLOSING DISCLOSURE • GTRIDCDWS_S 0617 Page 1 of 5 · LOAN ID # [number redacted] 12/30/2022 11:16 AM PST GTRIDCDWSS (PRE) DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

Closing Cost Details Borrower-Paid Seller-Paid Paid by Loan Costs At Closing Before Closing At Closing Before Closing Others A. Origination Charges $4,189.74 1 % of Loan Amount (Points) $4,189.74 DHIM Origination Charge $1,225.00 B. Services Borrower Did Not Shop For $3,218.00 Appraisal Fee to Priority Appraisals, LLC $600.00 Title - CPL Fee to Title Security Agency, LLC $25.00 Title - Lender's Title Insurance to Title Security Agency, LLC $2,048.00 Title - Loan Tie-In Fee to Title Security Agency, LLC $175.00 Title - Reconveyance / Release to Title Security Agency, LLC $170.00 Title - Settlement Fee to Title Security Agency, LLC $432.50 Title - Title Endorsement Fee to Title Security Agency, LLC $200.00 C. Services Borrower Did Shop For D. TOTAL LOAN COSTS (Borrower-Paid) $7,407.74 Loan Costs Subtotals (A + B + C) $7,407.74

Other Costs E. Taxes and Other Government Fees $90.00 Recording Fees Deed: $30.00 Mortgage: $60.00 $90.00 F. Prepaids $1,013.80 Homeowner's Insurance Premium (12 mo.) to Praetorian Insurance $441.00 Mortgage Insurance Premium ( mo.) Prepaid Interest ( $57.28 per day from 12/22/22 to 1/1/23 ) $572.80 Property Taxes ( mo.) Property Taxes ( mo.) $395.44 G. Initial Escrow Payment at Closing $307.98 Homeowner's Insurance $36.75 per month for 3 mo. $110.25 Mortgage Insurance per month for mo. Property Taxes $65.91 per month for 5 mo. $329.55 Aggregate Adjustment -$131.82 H. Other -$383.57 HOA 3 Months Dues to Saguaro Bloom Master $224.43 HOA Transfer Fee to CCMC $150.00 Real Estate Commission to Keller Williams Southern $13,230.75 Title - Owner's Title Insurance (optional) to Title Security Agency, LLC -$758.00 I. TOTAL OTHER COSTS (Borrower-Paid) $1,028.21 Other Costs Subtotals (E + F + G + H) $1,028.21

J. TOTAL CLOSING COSTS (Borrower-Paid) $8,435.95 Closing Costs Subtotals (D + I) $8,435.95 $14,888.25 $395.44 Lender Credits

CLOSING DISCLOSURE • GTRIDCDWS_S 0617 Page 2 of 5 · LOAN ID # [number redacted] 12/30/2022 11:16 AM PST GTRIDCDWSS (PRE) DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0 Loan Terms Calculating Cash to Close Use this table to see what has changed from your Loan Estimate. Loan Estimate Final Did this change? Total Closing Costs (J) $8,149.00 $8,435.95 YES · See Total Loan Costs (D) and Total Other Costs (I) (I).

Closing Costs Paid Before Closing $0 $0 NO Closing Costs Financed $0 $0 NO (Paid from your Loan Amount) Down Payment/Funds from Borrower $22,051.00 $22,051.00 NO Deposit $0 -$2,500.00 YES · You increased this payment. See Deposit in Section LL. Funds for Borrower $0 $0 NO Seller Credits -$4,000.00 -$2,956.00 YES · See Seller-Paid column on page 2 and Seller Credits in Section LL. Adjustments and Other Credits $0 -$1,194.35 YES · See details in Section L. Cash to Close $26,200.00 $23,836.60

Summaries of Transactions Use this table to see a summary of your transaction. BORROWER’S TRANSACTION SELLER’S TRANSACTION K. Due from Borrower at Closing $449,460.95 M. Due to Seller at Closing Sale Price of Property $441,025.00 01 Sale Price of Property Sale Price of Any Personal Property Included in Sale 02 Sale Price of Any Personal Property Included in Sale Closing Costs Paid at Closing (J) $8,435.95 03 04 Adjustments 05 06 07 08 Adjustments for Items Paid by Seller in Advance Adjustments for Items Paid by Seller in Advance City/Town Taxes to 09 City/Town Taxes to County Taxes to 10 County Taxes to Assessments to 11 Assessments to 12 13 14 15 16 L. Paid Already by or on Behalf of Borrower at Closing $425,624.35 N. Due from Seller at Closing Deposit $2,500.00 01 Excess Deposit Loan Amount $418,974.00 02 Closing Costs Paid at Closing (J) Existing Loan(s) Assumed or Taken Subject to 03 Existing Loan(s) Assumed or Taken Subject to 04 Payoff of First Mortgage Loan Seller Credit $2,956.00 05 Payoff of Second Mortgage Loan Other Credits 06 07 08 Seller Credit Adjustments 09 Realtor Rebate $800.00 10 11 12 13 Adjustments for Items Unpaid by Seller Adjustments for Items Unpaid by Seller City/Town Taxes to 14 City/Town Taxes to County Taxes 07/01/22 to 12/30/22 $394.35 15 County Taxes to Assessments to 16 Assessments to 17 18 19 CALCULATION CALCULATION Total Due from Borrower at Closing (K) $449,460.95 Total Due to Seller at Closing (M) Total Paid Already by or on Behalf of Borrower at Closing (L) -$425,624.35 Total Due from Seller at Closing (N) Cash to Close x From To Borrower $23,836.60 Cash From To Seller

CLOSING DISCLOSURE • GTRIDCDWS_S 0617 Page 3 of 5 · LOAN ID # [number redacted] 12/30/2022 11:16 AM PST GTRIDCDWSS (PRE) DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

Additional Information About This Loan

Loan Disclosures Assumption Escrow Account If you sell or transfer this property to another person, your lender For now, your loan will allow, under certain conditions, this person to assume this x will have an escrow account (also called an “impound” or “trust” loan on the original terms. account) to pay the property costs listed below. Without an escrow x will not allow assumption of this loan on the original terms. account, you would pay them directly, possibly in one or two large payments a year. Your lender may be liable for penalties and interest Demand Feature for failing to make a payment. Your loan has a demand feature, which permits your lender to require early Escrow repayment of the loan. You should review your note for details. Escrowed Estimated total amount over year 1 for Property Costs $1,859.00 your escrowed property costs: x does not have a demand feature. over Year 1 See attached page for additional information Late Payment If your payment is more than 15 days late, your lender will charge a Non-Escrowed Estimated total amount over year 1 $4,893.02 late fee of 5% of the principal and interest overdue. Property Costs for your non-escrowed property costs: over Year 1 Property Taxes, HOA Dues

You may have other property costs. Negative Amortization (Increase in Loan Amount) Under your loan terms, you Initial Escrow $307.98 A cushion for the escrow account you Payment pay at closing. See Section G on page 2. are scheduled to make monthly payments that do not pay all of the interest due that month. As a result, your loan amount will increase (negatively amortize), and your loan amount will likely Monthly $169.00 The amount included in your total become larger than your original loan amount. Increases in your Escrow Payment monthly payment. loan amount lower the equity you have in this property. may have monthly payments that do not pay all of the interest will not have an escrow account because you declined it your due that month. If you do, your loan amount will increase lender does not offer one. You must directly pay your property (negatively amortize), and, as a result, your loan amount may costs, such as taxes and homeowner’s insurance. Contact your become larger than your original loan amount. Increases in your lender to ask if your loan can have an escrow account. loan amount lower the equity you have in this property. x do not have a negative amortization feature. No Escrow Estimated Estimated total amount over year 1. You Partial Payments Property Costs must pay these costs directly, possibly Your lender over Year 1 in one or two large payments a year.

may accept payments that are less than the full amount due Escrow Waiver Fee (partial payments) and apply them to your loan. may hold them in a separate account until you pay the rest of the In the future, payment, and then apply the full payment to your loan. Your property costs may change and, as a result, your escrow pay­ x does not accept any partial payments. ment may change. You may be able to cancel your escrow account, but if you do, you must pay your property costs directly. If you fail If this loan is sold, your new lender may have a different policy. to pay your property taxes, your state or local government may (1) impose fines and penalties or (2) place a tax lien on this property. If Security Interest you fail to pay any of your property costs, your lender may (1) add You are granting a security interest in the amounts to your loan balance, (2) add an escrow account to your 10173 N Sand Sage Trail, Marana, AZ 85653 loan, or (3) require you to pay for property insurance that the lender buys on your behalf, which likely would cost more and provide fewer benefits than what you could buy on your own. You may lose this property if you do not make your payments or satisfy other obligations for this loan.

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Loan Calculations Other Disclosures Total of Payments. Total you will have paid after Appraisal you make all payments of principal, interest, $824,447.36 If the property was appraised for your loan, your lender is required to mortgage insurance, and loan costs, as scheduled. give you a copy at no additional cost at least 3 days before closing. If you have not yet received it, please contact your lender at the information listed below. Finance Charge. The dollar amount the loan will $402,625.36 cost you. Contract Details See your note and security instrument for information about Amount Financed. The loan amount available after $413,841.46 • what happens if you fail to make your payments, paying your upfront finance charge. • what is a default on the loan, • situations in which your lender can require early repayment of Annual Percentage Rate (APR). Your costs over loan, and the loan term expressed as a rate. This is not your 5.229 % • the rules for making payments before they are due. interest rate. Liability after Foreclosure If your lender forecloses on this property and the foreclosure does not Total Interest Percentage (TIP). The total amount cover the amount of unpaid balance on this loan, of interest that you will pay over the loan term as a 93.173 % x state law may protect you from liability for the unpaid balance. If percentage of your loan amount. you refinance or take on any additional debt on this property, you may lose this protection and have to pay any debt remaining even after foreclosure. You may want to consult a lawyer for more information. state law does not protect you from liability for the unpaid balance.

? Refinance Questions? If you have questions about the Refinancing this loan will depend on your future financial situation, loan terms or costs on this form, use the contact the property value, and market conditions. You may not be able to information below. To get more information refinance this loan. or make a complaint, contact the Consumer Financial Protection Bureau at Tax Deductions www.consumerfinance.gov/mortgage-closing If you borrow more than this property is worth, the interest on the loan amount above this property’s fair market value is not deductible from your federal income taxes. You should consult a tax advisor for more information. Contact Information Lender Mortgage Broker Real Estate Broker Real Estate Broker Settlement Agent (B) (S) Name DHI Mortgage Company, Keller Williams Southern DRH Properties, Inc. Title Security Agency, Ltd. Limited Partnership Arizona LLC

Address 6875 N. Oracle Rd. Ste 8632 N Lodgepole Trail 3580 W Ina Rd. 1840 E River Rd, Ste 200 105 Tucson, AZ 85718 Marana, AZ 85741 Tucson, AZ 85718 Tucson, AZ 85704

NMLS ID 14622

AZ License ID 0901845 LC635438000 CO507798001 EABR-119463

Contact Alberto Lagarda Bobbi Lutz Padilla Mark Kollar Carol Ruth

Contact NMLS ID 669801

Contact AZ License ID N/A SA680489000 SA512418000

Email alagarda@dhimortgage. [email redacted] [email redacted] carol.ruth@titlesecurity. com com

Phone 520-235-3153 520-730-9899 520-790-6005 520-577-8707

Confirm Receipt By signing, you are only confirming that you have received this form. You do not have to accept this loan because you have signed or received this form.

Alyssa Charlotte Moeller Date Aaron Spencer Moeller Date

CLOSING DISCLOSURE • GTRIDCDWS_S 0617 Page 5 of 5 · LOAN ID # [number redacted] 12/30/2022 11:16 AM PST GTRIDCDWSS (PRE) DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

Addendum to Closing Disclosure This form is a continued statement of final loan terms and closing costs.

Borrower Aaron Spencer Moeller 9777 N Thornydale Rd Apartment 11107 Tucson, AZ 85742

Additional Information About This Loan

Loan Disclosures Escrow Account Escrow Escrowed $1,859.00 Estimated total amount over year 1 for your escrowed property costs: Property Costs Property Taxes, Homeowner's Insurance, Mortgage Insurance over Year 1

CLOSING DISCLOSURE • GTRIDCDWS_S 0617 LOAN ID # [number redacted] 12/30/2022 11:16 AM PST GTRIDCDWSS (PRE) 12/30/2022 1:17:19 DocuSign Envelope PM ID: BED43533-5772-4959-AB55-0530BF6128A0

Notice of Change Circumstances Reasons Closing Disclosure

Date of Change: 12/30/2022 Loan Number: [number redacted]

Borrowers: Alyssa Charlotte Moeller & Aaron Spencer Moeller

Property Address: 10173 N Sand Sage Trail, Marana, AZ 85653

Lender: DHI Mortgage Company, Ltd. Limited Partnership Mortgage Loan Originator: Alberto Lagarda NMLS: 14622 NMLS: 669801

Previously, in connection with your loan application, you were provided a Loan Estimate or Closing Disclosure that contained your loan costs and loan terms for the mortgage loan sought. For one or more of the following reasons indicated below, we are providing you with a Closing Disclosure with revised loan costs and/or loan terms:

X Change Circumstance affecting Settlement Charges; Description: Rate Lock/Ext/Lock Mod

Change Circumstance affecting Eligibility. A changed circumstance affecting your creditworthiness or the value of the security for the loan changes, the loan costs or the loan terms; Description:

Revisions Requested by the Consumer. You requested changes to the mortgage loan sought that changes the loan costs or the loan terms; Description:

X Interest Rate Dependent Charges; Description: Rate Lock/Ext/Lock Mod

X Rate Lock Expired; Description: Rate Lock/Ext/Lock Mod

Other: Description:

Comments:

Interest Rate Lock Extension and Increased Discount Fee

Should you have questions regarding your Closing Disclosure or the Closing Date, please call

Alberto Lagarda, 520-235-3153

NOTICE OF CHANGE CIRCUMSTANCES REASONS CD 1/16/2019 DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

Date: 12/30/2022 Loan #: [number redacted]

Loan Officer: Alberto Lagarda, NMLS 669801 Application Date: 06/14/2021

Processor: Nancy Sager Estimated Closing Date: 12/22/2022

Lender: DHI Mortgage Company, Ltd. Limited Lender NMLS: 14622 Partnership

LOCK DISCLOSURE/AGREEMENT

This Lock Disclosure/Agreement ("Agreement") represents the agreement regarding interest rate (hereinafter "rate") and certain other terms on the mortgage loan between:

Borrowers (hereinafter referred to as "You", "Your" or "Borrower"): Alyssa Charlotte Moeller & Aaron Spencer Moeller and the above-referenced Lender for the property located at: 10173 N Sand Sage Trail, Marana, AZ 85653

LOCK-IN OPTIONS:

You have the option to lock your rate and discount point(s) at the time of loan application or any time thereafter. Our staff will quote a rate and discount point(s) for specific lock periods. To lock a rate, you must contact your loan officer or loan processor directly. A voice-mail message will not be accepted as instructions for a rate lock.

OPTION A – FLOAT

If you select this option, your rate will not be locked at time of application. You will have the opportunity to lock your rate at the terms quoted any time prior to the anticipated closing date of your loan. In order to have the best closing experience, you should lock your rate at least ten (10) calendar days prior to your closing date. Failure to do so may result in a delay in closing which could cause an increase in closing costs due to late penalties charged by your seller.

Rates are subject to change until the rate is locked.

It is your responsibility to monitor rates quoted and to lock your loan when it is appropriate for your transaction. You must consult your property seller for the estimated closing date of your home prior to locking your rate.

X OPTION B – LOCK

If you select this option your rate will be locked. When your rate is locked, your loan will not close at a rate and discount point(s) higher or lower than stated in this Agreement (subject to the Loan/Program Changes provisions described herein) unless you have purchased a float down option. In the event the loan does not close and fund by the Lock Expiration Date, a new agreement will be required. The rate and discount point(s) on the new agreement will be determined by taking the higher of the rate and discount point(s) specified below, or those in effect at the time of the new agreement.

This is not a loan commitment. It is understood by all parties that in order for a loan commitment to be issued, the loan must meet all conditions set forth by the Lender. Any loan commitment must be issued in writing to be valid. The interest rate, discount points and other loan terms will be locked in as stated below.

SPECIFIC LOCK TERMS:

When the rate is locked, the following terms apply:

Lock-In Date: 06/15/2022 Days Locked: 231 Lock Expiration Date: 01/31/2023

LOCK DISCLOSURE AGREEMENT 2/25/2022 Page 1 of 4 12/30/2022 11:17:00 AM DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

DHI Mortgage does not charge a lock-in fee to lock a rate for up to sixty days. In the event you would like to lock a rate for more than sixty days or would like to have a float down option this may be available for a fee as described below.

Extended Lock or Float Down Fee:

An Extended Lock or Float Down fee of $ N/A is required to secure the terms of this Agreement. The fee is not included in the Origination Fee or Discount Point(s) stated below. The fee must be paid on the date the extension is requested. If loan amount increases, the extended lock fee may increase.

Upfront Extended Lock Fee: N/A Percent Refundable: N/A (If your loan has an Extended Lock or Float Down Fee, please refer to the below Refundability section in the General Lock Terms and Conditions for additional terms and Loan terms: information)

Loan Type: Conventional Loan Subtype: Fixed

Loan Amount: $ 418,974.00 Loan Term: 360 Loan to Value: 95.000% Combined Loan to Value: 95.000%

Representative Credit Score(s): 788

The purpose of the loan is: X Purchase Rate and Term Refinance Cash Out Refinance

Program Code: C-30

The loan you have applied for has a X Fixed Rate Adjustable Rate Interest Rate: 4.990% (If this is an adjustable rate mortgage, this is your initial interest rate.) Adjustable Rate Loans Only: 4.990% Maximum Interest Rate 0.000% Margin 0.000% Index Index Type: Interest Rate Caps: Initial: 0.000% Subsequent: 0.000% Life of Loan: 0.000% 1st Change Date: //

Origination Fee: 0.000% of the Loan Amount + $ N/A . Discount Point(s): 1.000% of the Loan Amount + $. Important Note: The Origination Fee listed above is dependent upon the terms and loan amount of the loan program you have selected. Additional Origination charges, not dependent on the terms and amount of the loan program selected, may apply.

X Principal and Interest Balloon or Interest Only Balloon Term: Interest Only Term:

Impounds Waived: Yes X No Impounds Collected: Taxes only Insurance only X Both Taxes/Ins

PMI Coverage: X Yes No Lender Paid MI Government Insured

Property Type: 1 Unit X PUD Condominium 2-4 Units Manufactured

Property will be: X Owner Occupied Investment Property 2nd Home

General Lock Terms and Conditions: 1. Extended Lock. An extended lock is defined as a lock for which the term is greater than 60 days. You must contact your loan officer or processor directly for these quotes.

Please be aware that most extended locks require up-front, non-refundable fees.

2. Receipt of Extended Lock Fees. All fees for initial extended lock must be collected up-front and must be received by an employee of the Lender or its affiliated homebuilder, before the lock is given. Your rate will not be locked until your fee LOCK DISCLOSURE AGREEMENT 2/25/2022 Page 2 of 4 12/30/2022 11:17:00 AM DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

has either been received at our office or we have confirmation that an employee of the company has received your fee.

3. Locks with Float Down Option. Locks with a float down option may be available. Consult your loan officer for details on fees and available programs.

4. Procedures for Extending Your Lock: If you would like to extend your existing lock you must contact your loan officer or loan processor directly (please DO NOT leave a message on their voice mail).

5. Execution of Loan Lock Disclosure. Once you lock your loan, a new Loan Lock Disclosure/Agreement will be completed and sent to you for your signature. Please execute the disclosure and send it back to the Lender. This should be done within 24 hours of receipt. Be sure to contact your Loan Officer immediately with any questions.

6. Lock Expiration/Voided Locks. Except as otherwise stated herein, should the lock period expire and the loan not close, a determination will be made regarding the new terms of your lock based on the HIGHER of the originally locked rate and points or the rate and the points being offered the day you re-lock. The expiration date of the new lock will depend on the specific program. In the event you switch properties, the original lock will be cancelled, and the new lock will be based on current market rates.

7. Additional Documentation Needed to Process Loan. Additional information/documentation may be required to process your application and close your loan. If requested by your loan officer or processor, this information must be furnished by you within five business days. Failure to provide the necessary information within five business days could result in the loss of your rate guarantee and cancellation of your loan request.

The conditional approval of your loan application is contingent upon the receipt and review by the Lender of information and documentation to be provided to the Lender by third parties over which it has no control, including mortgage insurance approval and investor and agency guidelines. The Lender cannot guarantee that the information and documentation required to process your loan application will be obtained in time to complete the processing of your application prior to the expiration of this Agreement. The Lender expressly disclaims any liability for any delay in closing your loan due to the inability of the Lender to obtain such information and documentation.

8. No Guarantee of Availability of Loan Program. Your loan is subject to the guidelines of individual investors, agencies, and mortgage insurance providers. A rate lock does not guarantee your choice of loan program will be available at the time of closing. If, for any reason, a loan program is discontinued or its guidelines are altered in any way, the Lender cannot guarantee the availability of the loan program or the rate locked. In the event that your chosen loan program is not available, the Lender will make every effort to find a comparable loan program that best fits your needs.

9. Loan/Program Changes. You and the Lender have agreed to lock the rate and discount point(s) under the terms, conditions and procedures described herein. Any changes to the loan (including, but not limited to, loan type/program, down payment, credit score, etc.) by you after the execution of this Agreement may, at the sole option of the Lender, void or otherwise change the terms and conditions of the lock. You understand that this Agreement is between you and the Lender, and not the seller.

This Agreement is subject to acceptance of the loan application by the Lender and compliance by you with all conditions for closing of the Loan.

10. Loan Commitment. This Agreement is not a commitment to fund this loan.

11. Loan Process. The processing, approval, and closing of the loan will require action on the part of both the borrower and lender. The lender will need to verify the borrower's income and credit information, obtain a title commitment and property appraisal. The borrower will need to sign and return necessary loan documentation, provide proof of income, and any other item required for the approval of the loan. Once all information necessary for the approval of the loan is gathered and the loan has been approved, a closing can be scheduled.

12. Written Agreement. This Agreement along with the Borrower's Loan Application constitute the entire agreement between the Lender and Borrower(s) and supersede any other agreements or representations related to the loan. If signed by both parties, this Agreement is enforceable by both the lender and the borrower.

LOCK DISCLOSURE AGREEMENT 2/25/2022 Page 3 of 4 12/30/2022 11:17:00 AM DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

BY SIGNING BELOW, LENDER AND BORROWER(S) AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

LENDER This Agreement is not valid unless signed by a Representative of the Lender.

By: ______________________________________________________ Alberto Lagarda Date Mortgage Loan Originator

Please sign and date below; return the original to the Lender and keep a copy for your records.

Borrower(s) has read this Agreement and agrees to all the terms and conditions set forth therein.

_____________________________________________ ________ _________________________________________ _______ Alyssa Charlotte Moeller Date Aaron Spencer Moeller Date

LOCK DISCLOSURE AGREEMENT 2/25/2022 Page 4 of 4 12/30/2022 11:17:00 AM Certificate Of Completion Envelope Id: BED4353357724959AB550530BF6128A0 Status: Sent Subject: Documents to Sign Source Envelope: Document Pages: 12 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 [email redacted] AutoNav: Enabled 10700 Pecan Park Blvd. Ste. 450 EnvelopeId Stamping: Enabled Austin, TX 78750 Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email redacted] IP Address: 54.152.143.177

Record Tracking Status: Original Holder: [email redacted] Location: DocuSign 12/30/2022 11:18:20 AM [email redacted]

Signer Events Signature Timestamp Aaron Spencer Moeller Sent: 12/30/2022 11:18:22 AM [email redacted] Security Level: In Session Electronic Record and Signature Disclosure: Accepted: 6/16/2022 5:02:11 PM ID: 75584abf-65f9-4d5f-b100-f5493894f01f

Alyssa Charlotte Moeller Sent: 12/30/2022 11:18:22 AM [email redacted] Viewed: 12/30/2022 11:37:11 AM Security Level: .Email ID: cbe4be20-a5df-47b6-8e3e-29111e5b997a 12/30/2022 11:36:59 AM Electronic Record and Signature Disclosure: Accepted: 6/16/2022 4:56:42 PM ID: d21d9164-7486-4110-8c02-d01d999e6aa9

Loan Officer Sent: 12/30/2022 11:18:22 AM [email redacted] Security Level: In Session Electronic Record and Signature Disclosure: Not Offered via DocuSign

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/30/2022 11:18:22 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 4/12/2022 5:35:09 PM Parties agreed to: Aaron Spencer Moeller, Alyssa Charlotte Moeller

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

From time to time, DHI Mortgage (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent

If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact DHI Mortgage:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: [email redacted]

To advise DHI Mortgage of your new email address

To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email redacted] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from DHI Mortgage

To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email redacted] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with DHI Mortgage

To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may;

ii. send us an email to [email redacted] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software

The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically

To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:

 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify DHI Mortgage as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by DHI Mortgage during the course of your relationship with DHI Mortgage. 12/30/2022 1:17:18 DocuSign Envelope PM ID: BED43533-5772-4959-AB55-0530BF6128A0

12/30/2022

Alyssa Charlotte Moeller & Aaron Spencer Moeller

10173 N Sand Sage Trail Marana, AZ 85653

Re: Loan# [number redacted]

Dear Alyssa Charlotte Moeller & Aaron Spencer Moeller

Enclosed for your review is your official Closing Disclosure detailing your loan terms and costs. Changes to your personal financial condition, loan terms, closing date or purchase contract can impact the terms/costs on this document. You may receive a revised Closing Disclosure at or prior to closing in the event a change occurs.

PLEASE NOTE: Any outstanding requested information must be provided to DHI Mortgage in order to proceed to closing. Failure to provide these items in a timely manner may impact costs, delay your loan closing and/or prevent your loan from closing.

Please review the attached and contact your Mortgage Loan Originator with any questions.

Alberto Lagarda NMLS# 669801 6875 N. Oracle Rd. Ste 105 Tucson, AZ, 85704 Direct: E-fax: 866-454-1242 Email: [email redacted] 10700 Pecan Park Blvd, Suite#450, Austin, TX 78750 Phone: 512-502-0545 DHI Mortgage Company, Ltd. Limited Partnership, NMLS 14622

CD COVER LETTER 07/22/2020 12/30/2022 11:16:35 AM DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

This form is a statement of final loan terms and closing costs. Compare this Closing Disclosure document with your Loan Estimate.

Closing Information Transaction Information Loan Information Date Issued 12/30/2022 Borrower Alyssa Charlotte Moeller Loan Term 30 years Closing Date 12/22/2022 9777 N Thornydale Rd Apartment 11107 Purpose Purchase Disbursement Date 12/22/2022 Tucson, AZ 85742 Product Fixed Rate Settlement Agent Title Security Agency, LLC Seller DR Horton, America's Builder File # 600-205304 6875 N Oracle Rd Ste 105 Loan Type x Conventional FHA Property 10173 N Sand Sage Trail Tucson, AZ 85704 VA Marana, AZ 85653 Lender DHI Mortgage Company, Ltd. Limited Loan ID # [number redacted] Partnership MIC # 36326432 Sale Price $441,025

Loan Terms Can this amount increase after closing?

Loan Amount $418,974 NO

4.99 % Interest Rate NO

Monthly Principal & Interest $2,246.58 NO

See Projected Payments below for your

Estimated Total Monthly Payment

Does the loan have these features?

Prepayment Penalty NO Balloon Payment NO

Projected Payments Years 1-10 Years 11-30 Payment Calculation Principal & Interest $2,246.58 $2,246.58

Mortgage Insurance + 66.34 + —

Estimated Escrow + 102.66 + 102.66 Amount can increase over time

Estimated Total Monthly Payment $2,415.58 $2,349.24 This estimate includes In escrow? Estimated Taxes, Insurance x Property Taxes SOME & Assessments $547.48 x Homeowner’s Insurance YES

Amount can increase over time Monthly x Other: Homeowners Assoc Dues NO

See page 4 for details See Escrow Account on page 4 for details. You must pay for other property

costs separately.

Costs at Closing Closing Costs $8,435.95 Includes $7,407.74 in Loan Costs + $1,028.21 in Other Costs - $0 in Lender Credits. See page 2 for details.

Cash to Close $23,836.60 Includes Closing Costs. See Calculating Cash to Close on page 3 for details.

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Closing Cost Details Borrower-Paid Seller-Paid Paid by Loan Costs At Closing Before Closing At Closing Before Closing Others A. Origination Charges $4,189.74 1 % of Loan Amount (Points) $4,189.74 DHIM Origination Charge $1,225.00 B. Services Borrower Did Not Shop For $3,218.00 Appraisal Fee to Priority Appraisals, LLC $600.00 Title - CPL Fee to Title Security Agency, LLC $25.00 Title - Lender's Title Insurance to Title Security Agency, LLC $2,048.00 Title - Loan Tie-In Fee to Title Security Agency, LLC $175.00 Title - Reconveyance / Release to Title Security Agency, LLC $170.00 Title - Settlement Fee to Title Security Agency, LLC $432.50 Title - Title Endorsement Fee to Title Security Agency, LLC $200.00 C. Services Borrower Did Shop For D. TOTAL LOAN COSTS (Borrower-Paid) $7,407.74 Loan Costs Subtotals (A + B + C) $7,407.74

Other Costs E. Taxes and Other Government Fees $90.00 Recording Fees Deed: $30.00 Mortgage: $60.00 $90.00 F. Prepaids $1,013.80 Homeowner's Insurance Premium (12 mo.) to Praetorian Insurance $441.00 Mortgage Insurance Premium ( mo.) Prepaid Interest ( $57.28 per day from 12/22/22 to 1/1/23 ) $572.80 Property Taxes ( mo.) Property Taxes ( mo.) $395.44 G. Initial Escrow Payment at Closing $307.98 Homeowner's Insurance $36.75 per month for 3 mo. $110.25 Mortgage Insurance per month for mo. Property Taxes $65.91 per month for 5 mo. $329.55 Aggregate Adjustment -$131.82 H. Other -$383.57 HOA 3 Months Dues to Saguaro Bloom Master $224.43 HOA Transfer Fee to CCMC $150.00 Real Estate Commission to Keller Williams Southern $13,230.75 Title - Owner's Title Insurance (optional) to Title Security Agency, LLC -$758.00 I. TOTAL OTHER COSTS (Borrower-Paid) $1,028.21 Other Costs Subtotals (E + F + G + H) $1,028.21

J. TOTAL CLOSING COSTS (Borrower-Paid) $8,435.95 Closing Costs Subtotals (D + I) $8,435.95 $14,888.25 $395.44 Lender Credits

CLOSING DISCLOSURE • GTRIDCDWS_S 0617 Page 2 of 5 · LOAN ID # [number redacted] 12/30/2022 11:16 AM PST GTRIDCDWSS (PRE) DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0 Loan Terms Calculating Cash to Close Use this table to see what has changed from your Loan Estimate. Loan Estimate Final Did this change? Total Closing Costs (J) $8,149.00 $8,435.95 YES · See Total Loan Costs (D) and Total Other Costs (I) (I).

Closing Costs Paid Before Closing $0 $0 NO Closing Costs Financed $0 $0 NO (Paid from your Loan Amount) Down Payment/Funds from Borrower $22,051.00 $22,051.00 NO Deposit $0 -$2,500.00 YES · You increased this payment. See Deposit in Section LL. Funds for Borrower $0 $0 NO Seller Credits -$4,000.00 -$2,956.00 YES · See Seller-Paid column on page 2 and Seller Credits in Section LL. Adjustments and Other Credits $0 -$1,194.35 YES · See details in Section L. Cash to Close $26,200.00 $23,836.60

Summaries of Transactions Use this table to see a summary of your transaction. BORROWER’S TRANSACTION SELLER’S TRANSACTION K. Due from Borrower at Closing $449,460.95 M. Due to Seller at Closing Sale Price of Property $441,025.00 01 Sale Price of Property Sale Price of Any Personal Property Included in Sale 02 Sale Price of Any Personal Property Included in Sale Closing Costs Paid at Closing (J) $8,435.95 03 04 Adjustments 05 06 07 08 Adjustments for Items Paid by Seller in Advance Adjustments for Items Paid by Seller in Advance City/Town Taxes to 09 City/Town Taxes to County Taxes to 10 County Taxes to Assessments to 11 Assessments to 12 13 14 15 16 L. Paid Already by or on Behalf of Borrower at Closing $425,624.35 N. Due from Seller at Closing Deposit $2,500.00 01 Excess Deposit Loan Amount $418,974.00 02 Closing Costs Paid at Closing (J) Existing Loan(s) Assumed or Taken Subject to 03 Existing Loan(s) Assumed or Taken Subject to 04 Payoff of First Mortgage Loan Seller Credit $2,956.00 05 Payoff of Second Mortgage Loan Other Credits 06 07 08 Seller Credit Adjustments 09 Realtor Rebate $800.00 10 11 12 13 Adjustments for Items Unpaid by Seller Adjustments for Items Unpaid by Seller City/Town Taxes to 14 City/Town Taxes to County Taxes 07/01/22 to 12/30/22 $394.35 15 County Taxes to Assessments to 16 Assessments to 17 18 19 CALCULATION CALCULATION Total Due from Borrower at Closing (K) $449,460.95 Total Due to Seller at Closing (M) Total Paid Already by or on Behalf of Borrower at Closing (L) -$425,624.35 Total Due from Seller at Closing (N) Cash to Close x From To Borrower $23,836.60 Cash From To Seller

CLOSING DISCLOSURE • GTRIDCDWS_S 0617 Page 3 of 5 · LOAN ID # [number redacted] 12/30/2022 11:16 AM PST GTRIDCDWSS (PRE) DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

Additional Information About This Loan

Loan Disclosures Assumption Escrow Account If you sell or transfer this property to another person, your lender For now, your loan will allow, under certain conditions, this person to assume this x will have an escrow account (also called an “impound” or “trust” loan on the original terms. account) to pay the property costs listed below. Without an escrow x will not allow assumption of this loan on the original terms. account, you would pay them directly, possibly in one or two large payments a year. Your lender may be liable for penalties and interest Demand Feature for failing to make a payment. Your loan has a demand feature, which permits your lender to require early Escrow repayment of the loan. You should review your note for details. Escrowed Estimated total amount over year 1 for Property Costs $1,859.00 your escrowed property costs: x does not have a demand feature. over Year 1 See attached page for additional information Late Payment If your payment is more than 15 days late, your lender will charge a Non-Escrowed Estimated total amount over year 1 $4,893.02 late fee of 5% of the principal and interest overdue. Property Costs for your non-escrowed property costs: over Year 1 Property Taxes, HOA Dues

You may have other property costs. Negative Amortization (Increase in Loan Amount) Under your loan terms, you Initial Escrow $307.98 A cushion for the escrow account you Payment pay at closing. See Section G on page 2. are scheduled to make monthly payments that do not pay all of the interest due that month. As a result, your loan amount will increase (negatively amortize), and your loan amount will likely Monthly $169.00 The amount included in your total become larger than your original loan amount. Increases in your Escrow Payment monthly payment. loan amount lower the equity you have in this property. may have monthly payments that do not pay all of the interest will not have an escrow account because you declined it your due that month. If you do, your loan amount will increase lender does not offer one. You must directly pay your property (negatively amortize), and, as a result, your loan amount may costs, such as taxes and homeowner’s insurance. Contact your become larger than your original loan amount. Increases in your lender to ask if your loan can have an escrow account. loan amount lower the equity you have in this property. x do not have a negative amortization feature. No Escrow Estimated Estimated total amount over year 1. You Partial Payments Property Costs must pay these costs directly, possibly Your lender over Year 1 in one or two large payments a year.

may accept payments that are less than the full amount due Escrow Waiver Fee (partial payments) and apply them to your loan. may hold them in a separate account until you pay the rest of the In the future, payment, and then apply the full payment to your loan. Your property costs may change and, as a result, your escrow pay­ x does not accept any partial payments. ment may change. You may be able to cancel your escrow account, but if you do, you must pay your property costs directly. If you fail If this loan is sold, your new lender may have a different policy. to pay your property taxes, your state or local government may (1) impose fines and penalties or (2) place a tax lien on this property. If Security Interest you fail to pay any of your property costs, your lender may (1) add You are granting a security interest in the amounts to your loan balance, (2) add an escrow account to your 10173 N Sand Sage Trail, Marana, AZ 85653 loan, or (3) require you to pay for property insurance that the lender buys on your behalf, which likely would cost more and provide fewer benefits than what you could buy on your own. You may lose this property if you do not make your payments or satisfy other obligations for this loan.

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Loan Calculations Other Disclosures Total of Payments. Total you will have paid after Appraisal you make all payments of principal, interest, $824,447.36 If the property was appraised for your loan, your lender is required to mortgage insurance, and loan costs, as scheduled. give you a copy at no additional cost at least 3 days before closing. If you have not yet received it, please contact your lender at the information listed below. Finance Charge. The dollar amount the loan will $402,625.36 cost you. Contract Details See your note and security instrument for information about Amount Financed. The loan amount available after $413,841.46 • what happens if you fail to make your payments, paying your upfront finance charge. • what is a default on the loan, • situations in which your lender can require early repayment of Annual Percentage Rate (APR). Your costs over loan, and the loan term expressed as a rate. This is not your 5.229 % • the rules for making payments before they are due. interest rate. Liability after Foreclosure If your lender forecloses on this property and the foreclosure does not Total Interest Percentage (TIP). The total amount cover the amount of unpaid balance on this loan, of interest that you will pay over the loan term as a 93.173 % x state law may protect you from liability for the unpaid balance. If percentage of your loan amount. you refinance or take on any additional debt on this property, you may lose this protection and have to pay any debt remaining even after foreclosure. You may want to consult a lawyer for more information. state law does not protect you from liability for the unpaid balance.

? Refinance Questions? If you have questions about the Refinancing this loan will depend on your future financial situation, loan terms or costs on this form, use the contact the property value, and market conditions. You may not be able to information below. To get more information refinance this loan. or make a complaint, contact the Consumer Financial Protection Bureau at Tax Deductions www.consumerfinance.gov/mortgage-closing If you borrow more than this property is worth, the interest on the loan amount above this property’s fair market value is not deductible from your federal income taxes. You should consult a tax advisor for more information. Contact Information Lender Mortgage Broker Real Estate Broker Real Estate Broker Settlement Agent (B) (S) Name DHI Mortgage Company, Keller Williams Southern DRH Properties, Inc. Title Security Agency, Ltd. Limited Partnership Arizona LLC

Address 6875 N. Oracle Rd. Ste 8632 N Lodgepole Trail 3580 W Ina Rd. 1840 E River Rd, Ste 200 105 Tucson, AZ 85718 Marana, AZ 85741 Tucson, AZ 85718 Tucson, AZ 85704

NMLS ID 14622

AZ License ID 0901845 LC635438000 CO507798001 EABR-119463

Contact Alberto Lagarda Bobbi Lutz Padilla Mark Kollar Carol Ruth

Contact NMLS ID 669801

Contact AZ License ID N/A SA680489000 SA512418000

Email alagarda@dhimortgage. [email redacted] [email redacted] carol.ruth@titlesecurity. com com

Phone 520-235-3153 520-730-9899 520-790-6005 520-577-8707

Confirm Receipt By signing, you are only confirming that you have received this form. You do not have to accept this loan because you have signed or received this form.

Alyssa Charlotte Moeller Date Aaron Spencer Moeller Date

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Addendum to Closing Disclosure This form is a continued statement of final loan terms and closing costs.

Borrower Aaron Spencer Moeller 9777 N Thornydale Rd Apartment 11107 Tucson, AZ 85742

Additional Information About This Loan

Loan Disclosures Escrow Account Escrow Escrowed $1,859.00 Estimated total amount over year 1 for your escrowed property costs: Property Costs Property Taxes, Homeowner's Insurance, Mortgage Insurance over Year 1

CLOSING DISCLOSURE • GTRIDCDWS_S 0617 LOAN ID # [number redacted] 12/30/2022 11:16 AM PST GTRIDCDWSS (PRE) 12/30/2022 1:17:19 DocuSign Envelope PM ID: BED43533-5772-4959-AB55-0530BF6128A0

Notice of Change Circumstances Reasons Closing Disclosure

Date of Change: 12/30/2022 Loan Number: [number redacted]

Borrowers: Alyssa Charlotte Moeller & Aaron Spencer Moeller

Property Address: 10173 N Sand Sage Trail, Marana, AZ 85653

Lender: DHI Mortgage Company, Ltd. Limited Partnership Mortgage Loan Originator: Alberto Lagarda NMLS: 14622 NMLS: 669801

Previously, in connection with your loan application, you were provided a Loan Estimate or Closing Disclosure that contained your loan costs and loan terms for the mortgage loan sought. For one or more of the following reasons indicated below, we are providing you with a Closing Disclosure with revised loan costs and/or loan terms:

X Change Circumstance affecting Settlement Charges; Description: Rate Lock/Ext/Lock Mod

Change Circumstance affecting Eligibility. A changed circumstance affecting your creditworthiness or the value of the security for the loan changes, the loan costs or the loan terms; Description:

Revisions Requested by the Consumer. You requested changes to the mortgage loan sought that changes the loan costs or the loan terms; Description:

X Interest Rate Dependent Charges; Description: Rate Lock/Ext/Lock Mod

X Rate Lock Expired; Description: Rate Lock/Ext/Lock Mod

Other: Description:

Comments:

Interest Rate Lock Extension and Increased Discount Fee

Should you have questions regarding your Closing Disclosure or the Closing Date, please call

Alberto Lagarda, 520-235-3153

NOTICE OF CHANGE CIRCUMSTANCES REASONS CD 1/16/2019 DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

Date: 12/30/2022 Loan #: [number redacted]

Loan Officer: Alberto Lagarda, NMLS 669801 Application Date: 06/14/2021

Processor: Nancy Sager Estimated Closing Date: 12/22/2022

Lender: DHI Mortgage Company, Ltd. Limited Lender NMLS: 14622 Partnership

LOCK DISCLOSURE/AGREEMENT

This Lock Disclosure/Agreement ("Agreement") represents the agreement regarding interest rate (hereinafter "rate") and certain other terms on the mortgage loan between:

Borrowers (hereinafter referred to as "You", "Your" or "Borrower"): Alyssa Charlotte Moeller & Aaron Spencer Moeller and the above-referenced Lender for the property located at: 10173 N Sand Sage Trail, Marana, AZ 85653

LOCK-IN OPTIONS:

You have the option to lock your rate and discount point(s) at the time of loan application or any time thereafter. Our staff will quote a rate and discount point(s) for specific lock periods. To lock a rate, you must contact your loan officer or loan processor directly. A voice-mail message will not be accepted as instructions for a rate lock.

OPTION A – FLOAT

If you select this option, your rate will not be locked at time of application. You will have the opportunity to lock your rate at the terms quoted any time prior to the anticipated closing date of your loan. In order to have the best closing experience, you should lock your rate at least ten (10) calendar days prior to your closing date. Failure to do so may result in a delay in closing which could cause an increase in closing costs due to late penalties charged by your seller.

Rates are subject to change until the rate is locked.

It is your responsibility to monitor rates quoted and to lock your loan when it is appropriate for your transaction. You must consult your property seller for the estimated closing date of your home prior to locking your rate.

X OPTION B – LOCK

If you select this option your rate will be locked. When your rate is locked, your loan will not close at a rate and discount point(s) higher or lower than stated in this Agreement (subject to the Loan/Program Changes provisions described herein) unless you have purchased a float down option. In the event the loan does not close and fund by the Lock Expiration Date, a new agreement will be required. The rate and discount point(s) on the new agreement will be determined by taking the higher of the rate and discount point(s) specified below, or those in effect at the time of the new agreement.

This is not a loan commitment. It is understood by all parties that in order for a loan commitment to be issued, the loan must meet all conditions set forth by the Lender. Any loan commitment must be issued in writing to be valid. The interest rate, discount points and other loan terms will be locked in as stated below.

SPECIFIC LOCK TERMS:

When the rate is locked, the following terms apply:

Lock-In Date: 06/15/2022 Days Locked: 231 Lock Expiration Date: 01/31/2023

LOCK DISCLOSURE AGREEMENT 2/25/2022 Page 1 of 4 12/30/2022 11:17:00 AM DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

DHI Mortgage does not charge a lock-in fee to lock a rate for up to sixty days. In the event you would like to lock a rate for more than sixty days or would like to have a float down option this may be available for a fee as described below.

Extended Lock or Float Down Fee:

An Extended Lock or Float Down fee of $ N/A is required to secure the terms of this Agreement. The fee is not included in the Origination Fee or Discount Point(s) stated below. The fee must be paid on the date the extension is requested. If loan amount increases, the extended lock fee may increase.

Upfront Extended Lock Fee: N/A Percent Refundable: N/A (If your loan has an Extended Lock or Float Down Fee, please refer to the below Refundability section in the General Lock Terms and Conditions for additional terms and Loan terms: information)

Loan Type: Conventional Loan Subtype: Fixed

Loan Amount: $ 418,974.00 Loan Term: 360 Loan to Value: 95.000% Combined Loan to Value: 95.000%

Representative Credit Score(s): 788

The purpose of the loan is: X Purchase Rate and Term Refinance Cash Out Refinance

Program Code: C-30

The loan you have applied for has a X Fixed Rate Adjustable Rate Interest Rate: 4.990% (If this is an adjustable rate mortgage, this is your initial interest rate.) Adjustable Rate Loans Only: 4.990% Maximum Interest Rate 0.000% Margin 0.000% Index Index Type: Interest Rate Caps: Initial: 0.000% Subsequent: 0.000% Life of Loan: 0.000% 1st Change Date: //

Origination Fee: 0.000% of the Loan Amount + $ N/A . Discount Point(s): 1.000% of the Loan Amount + $. Important Note: The Origination Fee listed above is dependent upon the terms and loan amount of the loan program you have selected. Additional Origination charges, not dependent on the terms and amount of the loan program selected, may apply.

X Principal and Interest Balloon or Interest Only Balloon Term: Interest Only Term:

Impounds Waived: Yes X No Impounds Collected: Taxes only Insurance only X Both Taxes/Ins

PMI Coverage: X Yes No Lender Paid MI Government Insured

Property Type: 1 Unit X PUD Condominium 2-4 Units Manufactured

Property will be: X Owner Occupied Investment Property 2nd Home

General Lock Terms and Conditions: 1. Extended Lock. An extended lock is defined as a lock for which the term is greater than 60 days. You must contact your loan officer or processor directly for these quotes.

Please be aware that most extended locks require up-front, non-refundable fees.

2. Receipt of Extended Lock Fees. All fees for initial extended lock must be collected up-front and must be received by an employee of the Lender or its affiliated homebuilder, before the lock is given. Your rate will not be locked until your fee LOCK DISCLOSURE AGREEMENT 2/25/2022 Page 2 of 4 12/30/2022 11:17:00 AM DocuSign Envelope ID: BED43533-5772-4959-AB55-0530BF6128A0

has either been received at our office or we have confirmation that an employee of the company has received your fee.

3. Locks with Float Down Option. Locks with a float down option may be available. Consult your loan officer for details on fees and available programs.

4. Procedures for Extending Your Lock: If you would like to extend your existing lock you must contact your loan officer or loan processor directly (please DO NOT leave a message on their voice mail).

5. Execution of Loan Lock Disclosure. Once you lock your loan, a new Loan Lock Disclosure/Agreement will be completed and sent to you for your signature. Please execute the disclosure and send it back to the Lender. This should be done within 24 hours of receipt. Be sure to contact your Loan Officer immediately with any questions.

6. Lock Expiration/Voided Locks. Except as otherwise stated herein, should the lock period expire and the loan not close, a determination will be made regarding the new terms of your lock based on the HIGHER of the originally locked rate and points or the rate and the points being offered the day you re-lock. The expiration date of the new lock will depend on the specific program. In the event you switch properties, the original lock will be cancelled, and the new lock will be based on current market rates.

7. Additional Documentation Needed to Process Loan. Additional information/documentation may be required to process your application and close your loan. If requested by your loan officer or processor, this information must be furnished by you within five business days. Failure to provide the necessary information within five business days could result in the loss of your rate guarantee and cancellation of your loan request.

The conditional approval of your loan application is contingent upon the receipt and review by the Lender of information and documentation to be provided to the Lender by third parties over which it has no control, including mortgage insurance approval and investor and agency guidelines. The Lender cannot guarantee that the information and documentation required to process your loan application will be obtained in time to complete the processing of your application prior to the expiration of this Agreement. The Lender expressly disclaims any liability for any delay in closing your loan due to the inability of the Lender to obtain such information and documentation.

8. No Guarantee of Availability of Loan Program. Your loan is subject to the guidelines of individual investors, agencies, and mortgage insurance providers. A rate lock does not guarantee your choice of loan program will be available at the time of closing. If, for any reason, a loan program is discontinued or its guidelines are altered in any way, the Lender cannot guarantee the availability of the loan program or the rate locked. In the event that your chosen loan program is not available, the Lender will make every effort to find a comparable loan program that best fits your needs.

9. Loan/Program Changes. You and the Lender have agreed to lock the rate and discount point(s) under the terms, conditions and procedures described herein. Any changes to the loan (including, but not limited to, loan type/program, down payment, credit score, etc.) by you after the execution of this Agreement may, at the sole option of the Lender, void or otherwise change the terms and conditions of the lock. You understand that this Agreement is between you and the Lender, and not the seller.

This Agreement is subject to acceptance of the loan application by the Lender and compliance by you with all conditions for closing of the Loan.

10. Loan Commitment. This Agreement is not a commitment to fund this loan.

11. Loan Process. The processing, approval, and closing of the loan will require action on the part of both the borrower and lender. The lender will need to verify the borrower's income and credit information, obtain a title commitment and property appraisal. The borrower will need to sign and return necessary loan documentation, provide proof of income, and any other item required for the approval of the loan. Once all information necessary for the approval of the loan is gathered and the loan has been approved, a closing can be scheduled.

12. Written Agreement. This Agreement along with the Borrower's Loan Application constitute the entire agreement between the Lender and Borrower(s) and supersede any other agreements or representations related to the loan. If signed by both parties, this Agreement is enforceable by both the lender and the borrower.

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BY SIGNING BELOW, LENDER AND BORROWER(S) AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

LENDER This Agreement is not valid unless signed by a Representative of the Lender.

By: ______________________________________________________ Alberto Lagarda Date Mortgage Loan Originator

Please sign and date below; return the original to the Lender and keep a copy for your records.

Borrower(s) has read this Agreement and agrees to all the terms and conditions set forth therein.

_____________________________________________ ________ _________________________________________ _______ Alyssa Charlotte Moeller Date Aaron Spencer Moeller Date

LOCK DISCLOSURE AGREEMENT 2/25/2022 Page 4 of 4 12/30/2022 11:17:00 AM Certificate Of Completion Envelope Id: BED4353357724959AB550530BF6128A0 Status: Sent Subject: Documents to Sign Source Envelope: Document Pages: 12 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 [email redacted] AutoNav: Enabled 10700 Pecan Park Blvd. Ste. 450 EnvelopeId Stamping: Enabled Austin, TX 78750 Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email redacted] IP Address: 54.152.143.177

Record Tracking Status: Original Holder: [email redacted] Location: DocuSign 12/30/2022 11:18:20 AM [email redacted]

Signer Events Signature Timestamp Aaron Spencer Moeller Sent: 12/30/2022 11:18:22 AM [email redacted] Security Level: In Session Electronic Record and Signature Disclosure: Accepted: 6/16/2022 5:02:11 PM ID: 75584abf-65f9-4d5f-b100-f5493894f01f

Alyssa Charlotte Moeller Sent: 12/30/2022 11:18:22 AM [email redacted] Viewed: 12/30/2022 11:37:11 AM Security Level: .Email ID: cbe4be20-a5df-47b6-8e3e-29111e5b997a 12/30/2022 11:36:59 AM Electronic Record and Signature Disclosure: Accepted: 6/16/2022 4:56:42 PM ID: d21d9164-7486-4110-8c02-d01d999e6aa9

Loan Officer Sent: 12/30/2022 11:18:22 AM [email redacted] Security Level: In Session Electronic Record and Signature Disclosure: Not Offered via DocuSign

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/30/2022 11:18:22 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 4/12/2022 5:35:09 PM Parties agreed to: Aaron Spencer Moeller, Alyssa Charlotte Moeller

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

From time to time, DHI Mortgage (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent

If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact DHI Mortgage:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: [email redacted]

To advise DHI Mortgage of your new email address

To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email redacted] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from DHI Mortgage

To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email redacted] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with DHI Mortgage

To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may;

ii. send us an email to [email redacted] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software

The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically

To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:

 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify DHI Mortgage as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by DHI Mortgage during the course of your relationship with DHI Mortgage. DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

EARNEST MONEY RECEIPT 06/09/2021 COMMUNITY: Saguaro Bloom B7 - 55s LOT: 0074 [number redacted]

BUYERS: Aaron Spencer Moeller and Alyssa C Moeller LOAN TYPE: Conventional (all checks for VA loans must be made out to Title Security)

Earnest Deposits Deposit Collection Due Date Collection Date Payment Type Check Number Amount Amount 06/09/2021 $2,500.00 $2,500.00 06/09/2021 Debit Card $2,500.00 Total $2,500.00 $2,500.00

Attach Check Here:

Earnest Money Receipt Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

D.R. HORTON, INC. PURCHASE CONTRACT/DEPOSIT RECEIPT/ESCROW INSTRUCTIONS Stage of Construction:

SELLER: D.R. HORTON, INC., a Delaware corporation dba D.R. Horton Homes, 3580 W Ina Rd Suite 100, Tucson, AZ 85741 The House will be constructed by D R H Tucson Construction, Inc., ROC license no. 124600, an affiliate of Seller.

BUYER: Aaron Spencer Moeller and Alyssa C Moeller

Marital Status: Married Man and Woman Taking title as: To Be Determined

Current Address: 8632 N Lodgepole Pine Trail, Tucson, AZ 85743, US City: Tucson

State AZ Zip: 85743 Home Phone: (520) 878-3497 Business Phone: :

Buyer intends to occupy the Property as a primary residence: X  Yes  No [RdC.Buyer1] [RdC.Buyer12] Title Company and Escrow Agent: TITLE SECURITY AGENCY 1. Property. Seller agrees to sell and Buyer, jointly and severally if more than one, agrees to purchase the Lot and House (the "Property”) described below on the terms and conditions set forth in this Contract: Lot: 0074 at Saguaro Bloom (“Subdivision"), the address of which is 10173 N SAND SAGE TRAIL City: MARANA Arizona (the “Lot”), with Plan No 4090 Elevation: A (the “House”). 2. Purchase Price. The total purchase price and estimated payment of monies with regard to this transaction are as follows

A. Total Purchase Price of Property as described on the "Job Initiation Order' or "Change Order” $413,400.00 ..…………………........................................... B. Closing Costs (Includes Loan Origination Fee and All Non-Recurring Costs) ..........................................................................................Estimate + TBD

C. Prepaids and Prorations (Includes, but not limited to, Insurance, Taxes, Interest, & Assessments) ........................................................Estimate + TBD

D. MIP, PMI, or VA Funding Fee ...................................................................................................................................................................Estimate + TBD $413,400.00 E. Total Acquisition Cost …………….............................................................................................................................................................. Estimate = $410,900.00 F. Mortgage Amount ("Loan") Total Loan to Value ....................................................................Estimate

G. Balance of Deposit including Closing costs, prepaids, prorations, loan fees, etc. Payable on or before Close of Escrow…………Estimate

Earnest Deposits Deposit Collection Due Date Collection Date Payment Type Check Number Amount Amount 06/09/2021 $2,500.00 $2,500.00 06/09/2021 Debit Card $2,500.00 Total $2,500.00 $2,500.00 AT THE TIME OF SIGNING THE “JOB INITIATION ORDER” OR “CHANGE ORDER,” BUYER SHALL PAY SELLER IN FULL FOR ALL DESIGN CENTER SELECTIONS AND CHANGES AND FOR ALL NON-STANDARD OPTIONAL ITEMS. BUYER WILL BE RESPONSIBLE FOR PAYMENT OF CREDIT REPORT AND APPRAISAL FEES. DEPOSITS NOT HELD IN NEUTRAL ESCROW ACCOUNT: PROSPECTIVE PURCHASERS ARE ADVISED THAT EXCEPT FOR VA BUYERS OR WHERE SELLER IS EXPRESSLY INSTRUCTED TO DO OTHERWISE, EARNEST MONEY DEPOSITS, DOWNPAYMENTS AND OTHER ADVANCED MONEY (INCLUDING ALL DEPOSITS) WILL NOT BE PLACED IN A NEUTRAL ESCROW. THIS MONEY WILL BE PAID DIRECTLY TO THE SELLER AND MAY BE USED BY THE SELLER. THIS MEANS THE PURCHASER ASSUMES A RISK OF LOSING THE MONEY IF THE SELLER IS UNABLE OR UNWILLING TO PERFORM UNDER THE TERMS OF THE PURCHASE CONTRACT. Any Deposits by Buyer to Seller will be made payable to Seller unless such Deposits are required to be held in a neutral escrow account in which case such Deposit checks should be made payable to and deposited with Escrow Agent. For VA Loans Only: The earnest money Deposit will be deposited in a trust account that is safeguarded from the claims of creditors of Seller until the Deposit either (i) has been disbursed for the benefit of Buyer at the Closing, or (ii) if the transaction does not materialize, is otherwise disposed of in accordance with the terms of the Contract.

[Rd.Buyer1] Notice of VA Loan.  Buyer intends to obtain a VA Loan,  X or Buyer does NOT intend to obtain a VA Loan. [Rd.Buyer12] If Buyer does not currently intend to obtain a VA Loan, but later decides to obtain a VA Loan, Buyer must promptly notify Seller in writing.

By initialing Buyer indicates approval of the provisions above.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer 3. ALTERNATIVE DISPUTE RESOLUTION. BUYER AND SELLER AGREE TO RESOLVE ANY DISPUTE BETWEEN THEM THROUGH A PROCESS INVOLVING NEGOTIATION, MEDIATION AND, IF NECESSARY, BINDING ARBITRATION AS DESCRIBED IN MORE DETAIL IN SECTION 26.E BELOW. THE PARTIES UNDERSTAND THAT BY SIGNING THIS CONTRACT AND INITIALING BELOW THEY ARE WAIVING THEIR LEGAL RIGHTS TO FILE A LAWSUIT TO RESOLVE ANY DISPUTE BETWEEN THEM.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

4. Mortgage Program (“Loan Program”)

A. Lender: DHI MORTGAGE Loan Type: Conventional Buyer understands that loan interest rates and discount points can fluctuate until locked by Lender. Buyer has the sole responsibility for instructing Lender to lock discount

points and interest rate.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer PURCHASE CONTRACT Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 6 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

B. Buyer agrees to make loan application within five (5) calendar days of Buyer’s execution of this Contract and will apply for the Loan on the Property in the amount and with Lender specified above. If Buyer obtains a Loan from Lender, 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) calendar days after Buyer’s execution of this Contract (the “Commitment Date”). C. Buyer agrees to use its best efforts to promptly, diligently and in good faith provide all information and documents required by FHA, VA, and/or 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 Contract and, in such event, Seller shall be entitled to exercise any one or all of those remedies set forth in Section 26.B. Except as may be limited by law with respect to VA Buyers, any Buyer who withholds, manipulates, or provides false information resulting in a Loan rejection, regardless of intent, shall 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. 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; (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 representations, 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 Contract does not constitute a loan application, a loan approval, or a commitment by any Lender or Seller.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

5. Contingency (if applicable). Buyer and Seller acknowledge that this Contract is contingent upon the sale and closing of Buyer’s home located at: _______________ __________ ____ This contingency shall be for a total of forty-five (45) calendar days and will expire on: 08/08/2021 Unless Buyer provides Seller, within ten (10) calendar days after execution of this Contract by Buyer, with documentation relating to their home currently listed for sale or in escrow to sell, which documentation is satisfactory to Seller in Seller’s sole and absolute discretion, Seller shall have the right to cancel this Contract. If Seller receives another acceptable contract, he shall notify Buyer in writing and Buyer shall have seventy-two (72) hours from receipt of notification to remove the contingency and proceed with normal closing. Notwithstanding any other provisions herein, Seller will not begin construction until all contingencies have been deleted in writing.

6. No Oral Changes or Representations Real Estate Certification. Seller wishes to avoid any misunderstanding concerning the purchase of the Property. 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 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

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

TO INDUCE SELLER TO ACCEPT THIS CONTRACT, BUYER ACKNOWLEDGES THAT, EXCEPT AS WRITTEN IN THE BLANKS IMMEDIATELY ABOVE, THERE ARE NO AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS, OR PROMISES OF ANY KIND THAT HAVE BEEN MADE TO INDUCE THE EXECUTION OF THIS CONTRACT EXCEPT AS SET FORTH IN WRITING IN THIS CONTRACT; THAT THIS 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 CONTRACT. Buyer, Seller and Seller’s salesperson or broker certify that the terms and conditions of this Contract are true, to the best of their knowledge and belief, and that any other agreement entered into by any of the parties in connection with the real estate transaction is part of, or attached to, this Contract. No salesman, Broker, agent, 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 Contract. This Contract supersedes any and all prior understandings and agreements. This Contract may be amended or modified only by a written agreement signed by Buyer and Seller’s Authorized Corporate Officer.

7. Co-Broke. Upon the close of Escrow of this transaction, a commission equal to 3.00% of the Total Purchase Price of the house will be paid to Keller Willams. It is understood that Bobbi Padilla represents solely the Buyer in this transaction. Co-Broke commissions will be mailed by the Escrow Agent to the above named broker after all closing documents are properly recorded. (Usually within three to five working days after recording).

8. APPRAISED VALUE (Applicable to VA and FHA Loans Only). If Buyer is financing the purchase with an FHA loan, it is expressly agreed that notwithstanding any other provisions of this Contract, the Buyer shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise, unless the Buyer has been given, in accordance with HUD/FHA requirements, a written statement by the Federal Housing Commissioner or a Direct Endorsement lender setting forth the appraised value of the Property of not less than «TOTAL-HOME-PRICE». The Buyer shall have the privilege and option of proceeding with consummation of the Contract without regard to the amount of the appraised valuation. If Buyer is financing the purchase with a VA loan, it is expressly agreed that, notwithstanding any other provisions of this contract, Buyer shall not incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the purchase of the property described herein, if the contract purchase price or cost exceeds the reasonable value of the property established by the Department of Veterans Affairs. The Buyer shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. (Authority: 38 U.S.C. 501, 3703(c)(1)). The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development or the VA, as applicable, will insure. HUD/VA, as applicable, does not warrant the value or condition of the Property. The Buyer should satisfy himself/herself that the price and condition of the Property are acceptable.

9. A. Construction. The House shall be constructed in substantial compliance with plans and specifications on file with Seller and the governing municipality, subject, however, to substitution, in Seller’s sole discretion, of materials or fixtures of substantially comparable or better quality. Seller agrees to erect the House in compliance with the applicable FHA/VA, Conventional Lender and applicable local governmental regulations, and the final inspection and acceptance of the House by the applicable governmental jurisdiction shall constitute substantial evidence that the House has been completed in accordance to the plans and codes. Seller shall have the exclusive right to orient the House on the lot in accordance with Seller’s normal construction practices.

B. Construction Schedule; Punch List. Seller has constructed, is constructing or will begin construction of the House pursuant to Seller’s normal construction schedule. In no event shall the construction period exceed two (2) years from the execution of this Contract, except for delays caused by matter beyond Seller’s control including, without limitation, delays caused by force majeure or acts or omissions of Buyer. No person other than an Authorized Corporate Officer of Seller has any authority to so bind Seller. Buyer may not rely upon the same unless evidenced in writing. The time by which the House shall be completed, if a time is set by Seller, may be extended by written agreement of the parties and shall be extended automatically by reason of any delays resulting from (for the purpose of illustration but not as limitation) labor strikes, slow downs, lock out, material or labor shortages, any action of federal, state, or local authorities having jurisdiction over the Property or affecting Seller’s ability to perform, the supply of utilities, war, civil disorder, fire, unusual weather conditions, acts of God, or any other construction delays (including Buyer-requested changes to the House) which may occur and are not wholly within the control of Seller ("Force Majeure Events").

It is expressly agreed that the House, though completed may be subject to certain "punch list" items for additional work. Notwithstanding that additional work may be required to resolve the "punch list" items, if the House is "livable," then the existence of such "punch list" items will not render the House incomplete. Minor items such as failure of operation of appliances, electric outlets, fixtures, touchup painting, minor corrective work or changes and the like shall not render the House "non-livable." Within a reasonable period of time following the Closing, Seller shall remedy the "punch list” items and make adjustments agreed to by Buyer and Seller in a walk-through inspection which will be scheduled by Seller and Buyer prior to Closing. Buyer agrees to make the House available, during Seller’s business hours, to Seller, its employees, agents and subcontractors for the purpose of completing the “punch list” items. The existence of such "punch list” items or other non-structural construction imperfections shall not entitle Buyer to cancel this Contract, withhold funds at Closing, or delay the Closing. After Closing, Seller shall have no further or continuing responsibility for periodic inspection, replacement, maintenance or repair of improvements except for "punch list" items identified before or at Closing or as may be covered by Seller’s limited warranty described in Section 21.

Buyer may authorize a home inspector (“Home Inspector”) to inspect the House with Seller and to prepare the “punch list” described above. In the event Buyer so authorizes a Home Inspector, Buyer understands, acknowledges and agrees that such Home Inspector’s inspection and completion of the “punch list” shall be in behalf of Buyer and Buyer shall not have the right to a separate inspection or “punch list” and further Buyer hereby indemnifies and holds harmless Seller from and against all damages, claims and causes of action relating to the acts or omissions of the Home Inspector with respect to the House, the Property or the Contract.

PURCHASE CONTRACT Saguaro Bloom B7 - 55s LOT: 0074 Page 2 of 6 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

10. Buyer’s Actions Before Closing. Buyer agrees not to do or cause to be done any work or alteration of any nature whatsoever in or about the House before the Closing.

If Buyer violates this Section, it shall be a material default under this Contract. Buyer shall not meet with or give instructions to any subcontractors working on the House on behalf of the Seller unless agreed to in writing by Seller.

11. Buyer’s Selections and Options. Buyer agrees to make an appointment with Seller’s office to go to the specified design center within 14 calendar days of Buyer’s execution of this Contract to select colors, styles, and other similar materials for the House from the available samples. 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 House. Buyer’s selections shall be final and binding. If Buyer has not made such selections within said calendar day period, Seller, in Seller’s sole and absolute discretion, may make such color selections for Buyer and Buyer agrees, understands and accepts that in such case Seller’s selection shall be binding upon Buyer. At the time of signing the “Job Initiation Order” or “Change Order,” Buyer shall pay Seller in full for all design center selections and changes and for all non-standard optional items. Only (a) those standard items of personal Property, fixtures and equipment described in the plans and specification for the House (on file in the offices of Seller), (b) those standard optional items shown on a “Job Initiation Order” or "Change Order" accepted by both parties and stating the additional cost to Buyer therefore (collectively the "Options") and (c) those Non-Standard Optional Items (as defined above) shown on the “Job Initiation Order” or a "Change Order" accepted by both parties 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 House, 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 Contract and are hereby excluded unless specifically provided for in a "Job Initiation Order" or a "Change Order” accepted and signed by Seller’s Authorized Corporate Officer.

12. Escrow Agent. Buyer and Seller hereby employ the title company specified on page 1 to act as Escrow Agent (the "Escrow Agent") for this transaction. Delivery and acceptance of a fully executed copy of this Contract shall constitute employment of such entity as the Escrow Agent. Seller shall be responsible for payment of Escrow Agent’s escrow fees. Buyer shall be responsible for payment of all recording fees, all taxes and assessments described in Section 13, costs of the Loan and/or any other financing, including but not limited to points, origination fees, interest, discounts, credit reports, Lender’s title insurance policy charges, FHA/VA funding fees, mortgage insurance premium, appraisals and any other fees and costs charged by Escrow Agent or Lender for the Loan made to Buyer for the purpose of purchasing the Property, or as a result of any Loan applications submitted by Buyer, whether or not a Loan is made, and any other such items (collectively the "Closing Costs"), except to the extent Seller agrees in writing to pay any portion of such costs.

Upon Closing, Escrow Agent shall cause the recording in the appropriate County Recorder’s Office of all necessary documents to disburse all funds and issue to Lender, at Buyer’s cost, a Lender’s standard title insurance policy, insuring Lender’s interest in the Property in the amount of the Loan, and issue to Buyer, at Seller’s cost, an owner’s standard title insurance policy insuring Buyer’s title in the Property in the amount of the Purchase Price. If an ALTA owner’s policy is issued, Buyer shall be responsible for the difference in cost between that policy and a standard owner’s policy. The parties grant to Escrow Agent the right to execute on their behalf the Affidavit of Value, using the total consideration for the established value. Should Escrow Agent be closed on the day of compliance specified herein for Closing, the requirements will be met on the next succeeding day Escrow Agent is open for business.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

13. Conveyance and Prorations. Seller shall convey title to the Property to Buyer upon the Closing by special warranty deed, subject to all matters of record but free from all monetary liens and encumbrances except that relate to the Loan, if any. Once title to the Property 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 21. At the Closing, current year’s taxes, general and special assessments, and homeowners” association assessments, if any, shall be prorated to the Closing Date on the basis of the latest available tax statement and the current assessments of the homeowners” association. Escrow Agent shall also collect from Buyer for the homeowners” association any working capital fund deposits, other prepaid deposits or transfer fees, required in accordance with the homeowners” association’s governing documents.

If at the time scheduled by Seller for Closing, Seller is unable to deliver title as required herein, Seller shall have a period, determined by Seller in its sole discretion, of up to ninety (90) calendar days to attempt, if Seller desires to do so, to clear any un-permitted exception to title, and, upon being able to do so, Seller shall advise Buyer and the parties shall proceed to Closing within seven (7) calendar days thereafter. If Seller determines that it cannot clear, or if Seller does not clear, the un-permitted exceptions within such period, either party shall have the right to cancel this 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 or Seller shall be refunded to Buyer, and neither party shall have any further duty, obligation, claim or responsibility to the other. If Seller does clear the un-permitted exceptions prior to cancellation of this Contract, the parties shall proceed to Closing within seven (7) calendar days thereafter.

14. Closing. Upon completion of the House 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 Contract) a late Closing fee equal to the greater of (i): $100.00 per calendar day or (ii) interest at the rate of twelve percent (12%) per annum on the Purchase Price, for each calendar day from and including the Closing Date specified above, to and excluding the actual day of Closing. This fee is in addition to (and not in lieu of) Seller’s remedies under Section 26.

Possession of the Property shall remain exclusively in Seller (and House keys shall not be given to Buyer) 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, Closing has occurred and the Purchase Price and all other amounts owing Seller are paid to Seller in immediately available funds (usually approximately 5 working days after closing documents are signed by Buyer and Seller). Buyer understands, acknowledges, and agrees that Buyer has the sole responsibility to arrange for utilities to be turned on to the Property. 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. Buyer agrees to pay all utility costs incurred by Seller after Closing.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

15. Fences, Grading; Soil Compaction; Ceramic Tile; Other Changes. Buyer acknowledges and understands that (i) the location of utility lines, utility improvements (such as but not limited to junction boxes, transformers or pedestals) and sewer taps may vary; (ii) fences may encroach on either side of actual Lot lines; (iii) future construction on, grading, landscaping or excavation of the Lot by Buyer could disrupt drainage and or retention and cause ponding or flooding if not correctly engineered; (iv) Seller has provided for subsurface soil compaction to the extent required by city or county agencies and does not warrant soil conditions in excess of such requirements; (v) Seller reserves the right to make changes to the design of the Subdivision and in the plans and specifications for all Subdivision improvements, including but not limited to plans and selections of homes hereafter to be constructed within the Subdivision; (vi) the character and use of the Property surrounding and in the vicinity of the Subdivision may change; (vii) the concrete floor of the House may have joints in it and is subject to cracking due to settling, expansion, and contractions; and when ceramic tile is installed over any such crack or joint, the tile or tile joints may crack and Buyer understands and agrees that the same is, therefore, a maintenance item and the responsibility of Buyer; and (viii) Seller is not responsible for and does not warrant against concrete that has cracked because of over-watering near a House, walk, or drive-way that has created a condition of soil or ground settlement or expansion. Seller disclaims any responsibility or liability for the occurrence of any of the foregoing items described in this Section, and Buyer hereby releases Seller from any and all responsibility, obligations or liability whatsoever for the occurrence of same. Buyer also understands, acknowledges and agrees that if Buyer desires to do any grading, construction or any other work on the Property, Buyer shall first obtain all necessary approvals, permits and licenses required for such work from the controlling homeowners” association, and its architectural control committee (as applicable), and all applicable municipal, governmental or quasi-governmental agencies having jurisdiction over the Property. Any such work conducted on the Property by Buyer shall void and terminate Seller’s warranty provided to Bu yer as described in Section 21 as to any part of the Property affected directly or indirectly, by such work.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

16. Time of Essence: General Provisions. Time is of the essence of this Contract. No waiver hereunder shall be effective unless in writing signed by the party against whom enforcement of the waiver is sought. The waiver of any breach of any provision of this Contract shall not constitute a waiver of said provision or a waiver of a future breach of that or any other provision. This Contract may only be modified by a written instrument executed by Buyer and Authorized Corporate Officer of Seller. This Contract has been executed in the State of Arizona, and the laws of the State of Arizona shall govern the construction of this Contract. This Contract shall be construed in accordance with its plain meaning and the provisions of this Contract shall not be strictly construed for or against any of the parties to the Contract. This Contract is binding upon the heirs, executors, administrators and successors of the respective parties, but may not be assigned by Buyer without the prior written approval of Seller and any attempted assignment by Buyer (whether voluntarily or by operation of law) shall be void. This Contract, together with any other concurrent or subsequent writing signed by both Buyer and Seller, constitutes the entire agreement of the parties and no other understandings, claims, statements, or representations shall be binding or effective. The singular in number as

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used herein shall be deemed to include the plural, and the masculine gender shall be deemed to include the feminine and neuter gender, and vice versa, whenever the context so requires.

17. Acceptance by Seller. Execution of this Contract by Buyer shall constitute an offer to purchase the Property. This Contract is not binding upon Seller until executed by Seller’s Authorized Corporate Officer. The Contract date shall be the date of execution by Seller’s Authorized Corporate Officer.

18. Broker/Licensee. Buyer acknowledges that Seller and certain employees of Seller have real estate licenses issued by the State of Arizona. Except for a 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 Corporate Officer, 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 holds Seller harmless from and against any and all liability, responsibility, claims, losses, damages, costs, controversies, expenses, or attorneys fees, sustained or incurred by Seller resulting from the actions of Buyer. This paragraph shall survive the Closing or termination of this Contract.

19. Possession and Risk of Loss. Buyer, or their assigns (if permitted in accordance with Section 16) understand that they are not the legal owners of the Lot and House until the time their deed from Seller is recorded and Closing occurs. If pre-approved by Seller, Buyer may enter the Property solely to inspect same and, as stated above in Section 10, Buyer shall not undertake any work on the Property whatsoever prior to the Closing. Buyer shall not enter the Property without Seller’s prior approval, and if Buyer (with or without Seller’s approval) enters the Lot or House during the course of construction, or any time before Closing, Buyer and Buyers family and friends, assume the risk of bodily injury while in or on the Lot or House. BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM AND AGAINST ANY AND ALL PERSONAL INJURIES INCURRED BY BUYER, OR BUYER’S GUESTS, FAMILY, LICENSEES, OR INVITEES 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 Property by fire or other casualty until the Closing, at which time the risk of loss shall pass to Buyer.

20. Inconvenience and Personal Injury. Buyer understands and agrees that construction activity at the subdivision may continue after the close of escrow and occupancy by Buyer. Such construction activity will include, but is not limited to, noise, debris, and the transportation of labor, material, and equipment, which may cause inconvenience to Buyer. Buyer agrees to make no claim against Seller or its contractors 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 contractors and agents, and hereby releases Seller and Broker, their contractors and agents, from such personal injury or Property damage.

21. Limited One Year Warranty. In addition to any warranty of a third party warranty company which Seller may provide to Buyer, Seller warrants that all work performed by Seller in connection with the construction of the House will be of a quality which is standard in the industry in the county in which the Lot is located, and Seller warrants all such work against defective workmanship or materials for a period of one (1) year from the date of Closing. Seller, during normal business hours at its own expense, will make any and all necessary repairs and replacements, provided such repairs and replacements are necessary as a result of defective workmanship or materials and provided Seller is granted reasonable access to the Property during normal business hours. Seller’s obligations under this Warranty and under this Contract are limited to repair and replacement. No steps taken by Seller to correct defects shall extend the warranty period beyond one (1) year. This warranty is applicable only to matters reported in writing to Seller 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 House or affecting the 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 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 condition on the Property or Buyer. THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. IN RETURN FOR RECEIVING THIS WARRANTY, BUYER(S) AGREES TO FOREGO ALL OTHER EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, WORKMANSHIP AND ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT COULD BE CONSTRUED TO COVER THE PRESENCE OF RADON OR OTHER ENVIRONMENTAL POLLUTANTS ANY WARRANTIES WHICH EXCEED THE FOREGOING OBLIGATIONS ARE HEREBY DISCLAIMED AND THE SAME ARE EXCLUDED FROM THIS 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 House 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, 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 House that are considered "consumer products" as defined by the Federal Trade Commission for the purpose of the Magnuson Moss Act (15 U.S.C. 2301, et seq.) that may be included in this transaction. The manufacturers of some products used in the House may provide a manufacturer’s warranty. Seller has no obligation or responsibility for the manufacturer’s warranty. Seller has no obligation or responsibility for the manufacturers performance, and Seller does not warrant 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,

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

LIMITATION OF LIABILITY: IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY, WHETHER IN CONTRACT OR OTHERWISE, IS LIMITED TO THE REMEDY OF REPAIR OR REPLACEMENT AS SET FORTH ABOVE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, ANY DAMAGES BASED ON A CLAIMED DIMINUTION IN THE VALUE OF THE PROPERTY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS CONTRACT MAY BE BROUGHT BY BUYER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED UNDER THE WARRANTY PROVISION HEREIN ABOVE PROVIDED.

22. Prior Sale/Acquisition of Property. This Contract is subject to any prior sale of the Property and, in the event of such prior sale, Seller may cancel this Contract at any time prior to Closing by sending written notice of such cancellation to Buyer. Upon such cancellation all deposits previously paid by Buyer to Seller or Escrow Agent and shown receipted in Section 2 shall be returned to Buyer by Seller or Escrow Agent, and thereafter neither party shall have any further duty, obligation or responsibility to the other under the Contract. Seller shall have the power and authority to determine, in Seller’s sole and absolute discretion, which of two or more sales shall be deemed to have occurred first in time if Seller’s written records do not conclusively indicate which sale of the Property occurred first in time. If, as of the Contract date, Seller does not own title to the Property and Seller is thereafter unable to acquire the Property on terms and conditions acceptable to Seller, in its sole and absolute discretion, Buyer understands that it will be impossible for Seller to perform its obligations under this Contract. In the event of such an impossibility, Seller will have the right to terminate this Contract and return the earnest money deposit to Buyer, and no cause of action shall accrue on behalf of Buyer because of such termination. 23.

23. Insulation. Insulation will be installed in the House as follows where construction allows: WALLS SEPARATING REFRIGERATED AREAS FROM NON-REFRIGERATED AREAS: Type: BATT Thickness: 3.5” R-Value: R-13 CEILING (except over garage or un-refrigerated storage rooms: Type: BLOWN-IN CELLULOSE Thickness: 8” R-Value: R-30 . Notwithstanding the foregoing, insulation may be of lesser thickness and R-value than indicated in certain areas where the design of the House does not permit greater thickness. Examples of locations where thickness and R-value may vary include locations where studs are placed in walls, at corners and windows and where roof trusses attach to outside walls. The R-values are based on the representation of the manufacturer and/or installer of the insulation, and Seller does not warrant or represent that these R-values are correct. Seller has the right to make substitutions as to the type, thickness and R-value of insulation installed in the House without obtaining the consent of Buyer, as long as there are no substantial decreases in the R-value of the insulation installed in a substantial portion of the House.

24. Attorneys’ Fees and Costs. In the event of any arbitration or other action between the parties to this Contract, whether for breach of contract, express or implied warranty, personal injury or property damage, or otherwise, each party shall bear its own attorneys’ fees, expert witness fees, and costs of such action.

25. Notices. Except as otherwise provided in the Contract, all notices required or permitted under this Contract shall be in writing and shall be effective upon personal delivery to Seller or Buyer, or upon deposit in the U.S. mail, first class, addressed to the respective parties at the addresses specified in this Contract or to such other address as either party, from time to time, shall specify in the manner provided in this Section.

26. Failure to Obtain a Loan; Defaults and Remedies; Seller Right to Terminate for Unresolved Dispute; Three Day Buyer Cancellation Right; and Alternative Dispute Resolution.

A. Failure to Obtain a Loan. If Buyer is unable, without default by Buyer, to qualify for and obtain the Loan in full amount described in Section 2 by the Commitment Date, either party shall have the right to cancel this Contract by sending written notice of such cancellation to the other. In the event of such cancellation, Seller shall refund to Buyer and shall cause Escrow Agent to refund to Buyer all Deposits received from Buyer in respect of the total Purchase Price, less all amounts received by Seller or Escrow Agent from Buyer for any changes (including without limitation design and engineering costs) which are not part of Seller’s standard Option package ("Non-Standard Optional Items"), and less Two Hundred Fifty Dollars ($250.00) to reimburse Seller and Lender for Contract administration and costs incurred by Seller or Lender in obtaining appraisal and credit information concerning Buyer, or, if said costs are greater than $250.00, then less the actual costs for such appraisals and credit information and any other materials and expenditures obtained or made by Seller and / or Lender. In the event of a cancellation by either party pursuant to this Section 26.A, neither party shall have any further duty, obligation, claim or responsibility to the other under this Contract, except as otherwise set forth in this Section 26.A.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

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B. Defaults and Remedies. Buyer shall be in default under this 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 Contract, or (b) fails to fully perform any provision or this Contract, and does not fully cure that failure to perform within seven (7) calendar days from the date Seller or its Authorized Corporate Officer 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 seven (7) calendar day notice and 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 Contract at any time thereafter by giving oral or written notice to the Buyer, or Seller may sue for damages or for specific performance or pursue any other remedies available at law or in equity, in Sellers sole discretion. Seller may retain Seller-held Deposits and may obtain from Escrow Agent the Deposits as part of Buyer’s performance of this Contract without electing to cancel this Contract, and without waiving Seller’s right to pursue specific performance of the Contract. If this 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 Contract and requesting payment of the Deposits and other amounts as part of the performance of the Contract by Buyer.

If Seller elects to cancel this Contract as provided above, the parties acknowledge that the actual damages incurred by Seller are extremely difficult to estimate in advance and Seller’s retention of the 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. All remedies of Seller hereunder shall be cumulative.

Subject to the terms and provisions of Section 13 for defective title or Section 9.B for Seller’s failure to complete timely the construction of the House, if Seller, prior to the Closing, otherwise fails to comply substantially with the terms and conditions of the Contract, and if Buyer shall have complied with all of its obligations hereunder, Buyer shall be entitled to deliver to Escrow Agent and Seller a written notice detailing the default of Seller. Seller shall have twenty (20) calendar 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 either (i) cancel this Contract and receive a refund of its Deposits or (ii) pursue specific performance of this Contract, Buyer hereby expressly waiving any other rights and remedies it may have at law or in equity. Notwithstanding the foregoing, if Seller fails to substantially complete construction within two (2) years from the date Buyer signs this Contract, subject to delays caused by matters beyond Seller’s Control including, without limitation, delays caused by force majeure or acts or omissions of Buyer, Buyer may pursue whatever remedies Buyer may have at law or in equity under any applicable law.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

C. Seller Right to Terminate for Unresolved Dispute. NOTWITHSTANDING any other provisions in this Contract (including but not limited to the provisions of Section 26.E), in the event that a bona fide dispute should arise between Buyer and Seller before the Closing of this Contract concerning boundaries, consideration, construction of improvements, or any matter relating to the Property or the interpretation of this Contract, and, if such bona fide dispute cannot in good faith be resolved completely and to the satisfaction of both Parties within ten (10) calendar days after such dispute has arisen, then Seller shall have the right, upon written notice to Buyer, to terminate and cancel this Contract and return the Deposits to Buyer, in which event neither party shall have any further duty, obligation, claim or responsibility to the other under this Contract.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

D. Three Day Buyer Cancellation Right. Buyer shall have until five p.m. on the date three (3) calendar days after Buyer executes this Contract in which to deliver in writing to Seller and Escrow Agent at the addresses set forth on page 1 of this Contract, Buyer’s election to cancel this Contract (“3-Day Cancellation Notice”). Provided Buyer delivers such 3-Day Cancellation Notice on or before five p.m. on the date three (3) calendar days after Buyer executes this Contract, then this Contract shall be cancelled, all deposits made by Buyer shall be promptly refunded to Buyer and neither party shall have any further duty, obligation, claim or responsibility to the other under this Contract.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

E. DISPUTE RESOLUTION PROCEDURES. BUYER AND SELLER DESIRE TO RESOLVE ANY DISPUTE BETWEEN THEM AS QUICKLY, INEXPENSIVELY AND EFFICIENTLY AS POSSIBLE, AVOIDING THE EXPENSE AND DELAY OF COURT PROCEEDINGS. THIS APPLIES TO EVERY POTENTIAL DISPUTE BETWEEN THE PARTIES. CONSEQUENTLY, THE PARTIES AGREE TO THE FOLLOWING SEQUENCE OF PROCEDURES TO RESOLVE SUCH DISPUTES.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

NEGOTIATION; RIGHT TO REPAIR. WHEN EITHER PARTY FEELS A DISPUTE HAS ARISEN THAT PARTY SHALL NOTIFY THE OTHER PARTY IN WRITING OF THE NATURE AND SPECIFIC DETAILS OF THE DISPUTE. WITHIN FIFTEEN (15) CALENDAR 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 INTERESTS OF BOTH PARTIES.

MEDIATION. IF NEGOTIATION DOES NOT RESOLVE THE DISPUTE, THE PARTIES SHALL SUBMIT THE MATTER TO A MEDIATOR, WHOSE ROLE IS TO FACILITATE NEGOTIATION BETWEEN THE PARTIES. THE MEDIATOR WILL NOT HAVE POWER TO DECIDE HOW TO RESOLVE THE DISPUTE, BUT WILL USE RECOGNIZED, ACCEPTED MEDIATION TECHNIQUES TO ASSIST THE PARTIES IN MAKING THAT DECISION. THE MEDIATION WILL LAST A MINIMUM OF TWO (2) HOURS.

ARBITRATION. IF THE DISPUTE IS NOT RESOLVED BY MEDIATION, THE PARTIES SHALL SUBMIT THE MATTER TO BINDING ARBITRATION. THIS MEANS THE POWER TO DECIDE THE OUTCOME OF THE DISPUTE WILL BE ASSIGNED TO THE ARBITRATOR, AND ALL PARTIES AGREE TO ACCEPT THE DECISION OF THE ARBITRATOR AS FINAL. IN MAKING THIS AGREEMENT, THE PARTIES ARE WAIVING ALL RIGHTS TO APPEAL THE DECISION OF THE ARBITRATOR TO A COURT OF LAW, AND ARE WAIVING THEIR RIGHTS TO FILE A LAWSUIT RELATING TO ANY DISPUTE BETWEEN THEM. ANY QUESTIONS REGARDING THE INTERPRETATION OF THIS ARBITRATION PROVISION OR THE ARBITRABILITY OF THE DISPUTE UNDER IT SHALL BE DECIDED BY THE ARBITRATOR, UNLESS SPECIFICALLY REQUIRED BY LAW TO BE DECIDED BY A COURT, AND THAT DECISION SHALL BE BINDING ON THE PARTIES. UPON A SPECIFIC SHOWING OF FINANCIAL HARDSHIP, AS DETERMINED BY THE ARBITRATOR, SELLER MAY ADVANCE ARBITRATION FILING FEES ON BEHALF OF BUYER.

NO CONSOLIDATION. NO NEGOTIATION, MEDIATION OR ARBITRATION ARISING OUT OF OR RELATING TO THIS CONTRACT SHALL INCLUDE, BY CONSOLIDATION, JOINDER, ASSIGNMENT, CLASS ACTION, OR IN ANY OTHER MANNER, ANY ADDITIONAL PERSON OR ENTITY NOT A PARTY TO THIS CONTRACT, EXCEPT FOR EMPLOYEES AND AGENTS OF SELLER AND BUYER AND EXCEPT BY WRITTEN CONSENT OF THE PARTIES HERETO AND ANY OTHER PERSON OR ENTITY SOUGHT TO BE JOINED. NOTWITHSTANDING THE FOREGOING, THIRD PARTIES INVOLVED IN THE CONSTRUCTION OF THE PROPERTY MAY BE JOINED IN ANY PROCEEDING AT SELLER’S DISCRETION.

SELECTION; RULES. THE MEDIATION AND ARBITRATION SHALL BE ADMINISTERED AND CONDUCTED BY A MEDIATOR AND AN ARBITRATOR MUTUALLY AGREEABLE TO THE PARTIES. IN THE EVENT THE PARTIES CANNOT AGREE ON THE SELECTION OF A MEDIATOR OR ARBITRATOR, EITHER PARTY MAY FILE A PETITION WITH THE PRESIDING JUDGE OF THE SUPERIOR COURT IN THE COUNTY WHERE THE PROPERTY IS LOCATED FOR THE APPOINTMENT OF A MEDIATOR OR ARBITRATOR. ANY ARBITRATION SHALL BE CONDUCTED IN SUBSTANTIAL CONFORMANCE WITH THE CONSTRUCTION INDUSTRY ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); HOWEVER, THE ARBITRATION NEED NOT BE CONDUCTED BY OR THROUGH THE AAA.

BUYER AND SELLER ACKNOWLEDGEMENT. THE PARTIES UNDERSTAND THAT BY SIGNING THIS AGREEMENT AND BY INITIALING BELOW THEY ARE WAIVING THEIR LEGAL RIGHTS TO FILE A LAWSUIT TO RESOLVE ANY DISPUTE BETWEEN THEM. THIS MEANS THE FINAL DECISION OF ANY DISPUTE WILL BE MADE BY AN ARBITRATOR AND NOT BY A JUDGE OR JURY. THEY ARE NOT WAIVING THEIR RIGHT TO EMPLOY LEGAL COUNSEL TO ASSIST THEM IN ANY PHASE OF THE PROCESS. HOWEVER, EACH PARTY SHALL BEAR ITS OWN ATTORNEYS’ FEES, EXPERT WITNESS FEES, AND COSTS. THIS AGREEMENT IS AN ESSENTIAL ELEMENT AND PART OF THE CONTRACT BETWEEN THE PARTIES FOR THE PURCHASE OF THE HOUSE. FOR PURPOSES OF THIS SECTION 26, SELLER SHALL BE DEEMED TO INCLUDE DRH TUCSON CONSTRUCTION, INC., WHICH IS AN INTENDED THIRD PARTY BENEFICIARY OF THIS CONTRACT.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer PURCHASE CONTRACT Saguaro Bloom B7 - 55s LOT: 0074 Page 5 of 6 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

BUYER IS ADVISED THAT BUYER MAY HAVE ADDITIONAL RIGHTS, REMEDIES AND WARRANTIES BEYOND THOSE CONTAINED IN THIS CONTRACT AS ARE PROVIDED BY LAW.

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

BUYER FURTHER ACKNOWLEDGES THAT HE HAS RECEIVED A COPY OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO THIS SUBDIVISION AND, IF THERE IS A HOMEOWNERS’ ASSOCIATION FOR THIS SUBDIVISION, BUYER HAS RECEIVED A COPY OF THE ARTICLES OF INCORPORATION AND BYLAWS FOR THAT ASSOCIATION.

BUYER AGREES AND ACKNOWLEDGES THAT BUYER MAY BE OBLIGATED TO COMPLY WITH ALL OF THE TERMS AND PR OVISIONS 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.

27. SEVERABILITY. The provisions of this Contract are severable and if any provision or part hereof or the application thereof to any person or circumstances shall be held to be invalid or unenforceable for any reason, the remainder of this Contract and the application of such provision or part hereof to other persons or circumstances shall not be affected thereby and shall remain in force and effect to the fullest extent permitted by law.

28. REGISTRAR OF CONTRACTORS. UNDER ARIZONA REVISED STATUTES SECTION 32-1155, A BUYER OF A DWELLING HAS THE RIGHT TO FILE A WRITTEN COMPLAINT AGAINST THE HOMEBUILDER WITH THE REGISTRAR OF CONTRACTORS WITHIN TWO YEARS AFTER THE CLOSE OF ESCROW OR ACTUAL OCCUPANCY, WHICHEVER OCCURS FIRST, FOR THE COMMISSION OF AN ACT IN VIOLATION OF THE ARIZONA REVISED STATUTES SECTION 32-1154 SUBSECTION A.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

BUYER IS ADVISED THAT BUYER MAY HAVE ADDITIONAL RIGHTS, REMEDIES AND WARRANTIES BEYOND THOSE CONTAINED IN THIS CONTRACT AS ARE PROVIDED BY LAW.

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

BUYER FURTHER ACKNOWLEDGES THAT HE HAS RECEIVED A COPY OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO THIS SUBDIVISION AND, IF THERE IS A HOMEOWNERS’ ASSOCIATION FOR THIS SUBDIVISION, BUYER HAS RECEIVED A COPY OF THE ARTICLES OF INCORPORATION AND BYLAWS FOR THAT ASSOCIATION.

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.

THE SELLER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF THE PUBLIC REPORT (SUBDIVISION DISCLOSURE REPORT) OF THE ARIZONA DEPARTMENT OF REAL ESTATE AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT.

BUYER:

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 _________________________________ ________ __ _ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 _________________________________ ________ __ _ Co-Buyer: Alyssa C Moeller Date SELLER'S ACCEPTANCE: BROKER’S ACCEPTANCE:

DR Horton, America's Builder [Sign.Escr1] [Date.Escr1] 6/13/2021 _______________________________________________ ____________ [Sign.Seller] [Date.Seller] __ _ 7/4/2021 _________________________________ ________ STAHL, ROBERT J Date _ _ Seller's Designated Broker Kelly L Rayman [NameB.Seller] Date Officer, D.R. Horton [TitleB.Seller] Seller's Authorized Officer

PURCHASE CONTRACT Saguaro Bloom B7 - 55s LOT: 0074 Page 6 of 6 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

JOB INITIATION ORDER (Addendum to the Contract) O.C.D. 06/09/2021 DATE: 06/09/2021 CONSTRUCTION STAGE #: BUYER(S): Aaron Spencer Moeller and Alyssa C Moeller

PRESENT ADDRESS: 8632 N Lodgepole Pine Trail CITY: Tucson STATE: AZ ZIP: 85743 HOME PHONE: (520) 878-3497 BUSINESS PHONE: MOBILE PHONE: (520) 878-3497

SUBDIVISION NAME: Saguaro Bloom LOT: 0074 ADDRESS: 10173 N SAND SAGE TRAIL

PLAN NAME: 4090 A PLAN NO: 4090 ELEVATION: A

DESCRIPTION PRICE

BASE PRICE $407,400.00

(No plan adjustments found.)

BASE PRICE WITH ADJUSTMENTS $407,400.00

LOT PREMIUM $6,000.00 (No lot adjustments found.) LOT PREMIUM WITH ADJUSTMENTS $6,000.00

TOTAL OPTIONS $ 0.00 (See Selection Sheet For A Detailed List of Options) TOTAL: $413,400.00 Subject to approval by authorized agent of Seller Corporation. BUYER:

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ________________________________ ________ ___ _ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ________________________________ ________ ___ _ Co-Buyer: Alyssa C Moeller Date SELLER'S ACCEPTANCE: BROKER’S ACCEPTANCE: DR Horton, America's Builder [Sign.Escr1] [Date.Escr1] 6/13/2021 _____________________________________________ ____________ [Sign.Seller] [Date.Seller] 7/4/2021 ____ _ ________________________________ ________ STAHL, ROBERT J Date __ _ Kelly L Rayman Seller's Designated Broker [NameB.Seller] Date [TitleB.Seller] Officer, D.R. Horton Seller's Authorized Officer

JOB INITIATION Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

BUILDER’S INCENTIVE AND CONCESSIONS ADDENDUM This BUILDER’S INCENTIVE AND CONCESSIONS ADDENDUM is attached to and made a part of the certain Purchase Agreement and Escrow Instructions dated 06/09/2021 between D.R. Horton, Inc., as Seller, and Aaron Spencer Moeller and Alyssa C Moeller , as Buyer, regarding the Property therein described (the “Purchase Contract”). This Addendum, together with the Purchase Contract constitutes the entire agreement between Seller and Buyer with regard to any cost incentives, allowances, adjustments, credits, discounts, rebates, or other builder concessions of any kind or amount (collectively, “Incentives”) made, or to be made, by Seller in connection with the sale of the Property to Buyer under the Purchase Contract, and there are no agreements regarding such Incentives, whether written or unwritten, expressed or implied, between the parties except as set forth in this Addendum and the Purchase Contract. In the event of any conflict in terms set forth in this Addendum with any other provisions of the Contract, this Addendum shall control.

Buyer acknowledges receipt of a separate written Notice of Seller’s Business Affiliations from Seller (the “Affiliation Notice”) informing Buyer that Seller has affiliated business arrangements with DHI Mortgage Company, Ltd. (“DHI MORTGAGE”) and DHI Title of Arizona, Inc. (“DHI TITLE”) and that Buyer is not required to use either of these affiliated companies or any PREFERRED LENDER (described below) as a condition of Buyer's purchase of the Property or Buyer's access to settlement services in connection with the purchase of the Property

1. Seller hereby offers the following Incentives to Buyer upon successful close of this transaction. The offer of these Incentives is not conditioned on Buyer’s use of any particular lender.

a. Builder Incentive. Buyer shall be entitled to an incentive up to the amount of $___0______, which amount may be applied by Buyer as a credit toward the Purchase Price owed to Seller, which includes but is not limited to optional features, material upgrades, landscape improvements, or decorator items selected by Buyer and included in the purchase price of the Property as set forth in the Purchase Contract. No portion of this amount may be disbursed to Buyer.

b. Finance Incentive. Buyer shall be entitled to an incentive paid by Seller up to the amount of $0.00. This Seller finance incentive is to be applied towards the payment of the following fees to the extent applicable and in the following order: Origination Charge; Origination Fee; Upfront Unfinanced Mortgage Insurance (if applicable). If additional incentive remains it shall be applied as a general incentive credit towards other usual and customary closing costs charged to Buyer by other settlement service providers. No portion of this amount may be applied as a credit towards, or in partial payment of, the Purchase Price of the Property or disbursed to Buyer. Any excess unused incentive is forfeited by Buyer.

2. Offer of Additional Finance Incentive. In addition to the above Incentives, the following additional Incentive is offered in conjunction with the use of Seller’s PREFERRED LENDER(S) described below:

If Buyer does apply to a PREFERRED LENDER for a mortgage loan to finance the purchase of the Property and if the loan is approved and funded by the PREFERRED LENDER, Seller agrees to pay on behalf of Buyer, or to provide incentives, discounts or credits to Buyer for, the following costs in connection with the sale and financing of the Property:

Finance Incentive. Buyer shall be entitled to an incentive paid by Seller up to the amount of $4,000.00. This Seller finance incentive is to be applied towards the payment of the following fees to the extent applicable and in the following order: Origination Charge; Origination Fee; Upfront Unfinanced Mortgage Insurance (if applicable). If additional incentive remains it shall be applied as a general incentive credit towards other usual and customary closing costs charged to Buyer by other settlement service providers. No portion of this amount may be applied as a credit towards, or in partial payment of, the Purchase Price of the Property or disbursed to Buyer. Any excess unused incentive is forfeited by the Buyer.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

3. Preferred Lender. The PREFERRED LENDER relating to this Builder’s Incentive and Concessions Addendum is: DHI MORTGAGE. More information regarding DHI MORTGAGE is available at: www.dhimortgage.com.

BICA Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

THE UNDERSIGNED ACKNOWLEDGE THAT EACH OF THEM HAS READ THIS BUILDER’S INCENTIVE AND CONCESSIONS ADDENDUM TO THE PURCHASE CONTRACT AND AGREE TO THE TERMS, CONDITIONS AND LIMITATIONS CONTAINED HEREIN.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

Approved by Seller:

By: DR Horton, America's Builder

[Sign.Seller] [Date.Seller]

__________________________________ 7/4/2021 _________ Kelly L Rayman [NameB.Seller] Date Officer, D.R. Horton [TitleB.Seller]

Saguaro Bloom B7 - 55s 0074 Subdivision Lot

BICA Saguaro Bloom B7 - 55s LOT: 0074 Page 2 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

Selection Sheet As of Change Order 0

Aaron Spencer Moeller and Alyssa C Moeller, Buyer And DR Horton, America's Builder, Seller

Date: 06/09/2021 Plat Lot/Block/Phase: 74/7/7A Job #: [number redacted]

Agreement of Sale Dated: 06/09/2021 Lot Address: Community: Saguaro Bloom B7 - 55s 10173 N SAND SAGE TRAIL Plan/Elevation Name: 4090 A MARANA, AZ 85653 Swing: L -

Color Selections

– Painting Option # Color Rev. # Rev. Date User

Ponderosa Tile 5502 Body/Trim/Accent SCheme #6 0 06/09/2021  Location: Notes: Portico/Chateau Brown/Resort Tan

(No options found.)

Price Summary: Amount Adjusted Base Price $407,400.00 Adjusted Lot Premium $6,000.00 Total Option Price $ 0.00 Current Selling Price $413,400.00

D. R. HORTON AMERICA'S BUILDER [Sign.Buyer1] [Date.Buyer1] 6/9/2021 _______________________________ _________ DR Horton, America's Builder ____ Date Buyer: Aaron Spencer Moeller [Sign.Seller] [Date.Seller] 7/4/2021 _______________________________ _________ ___ Date [Sign.Buyer2] [Date.Buyer2] Kelly L Rayman [NameB.Seller] 6/9/2021 _______________________________ _________ Officer, D.R. Horton [TitleB.Seller] ____ Date Co-Buyer: Alyssa C Moeller

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer SELECTION SHEET Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

PUBLIC REPORT RECEIPT The developer shall furnish you, as a prospective customer, with a copy of the Public Report required by the Arizona Department of Real Estate. 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.

Public Report Number: DM20-059929 Development Recorded Name: Saguaro Bloom B7 - 55s Lot: 0074 Effective Date: March 12, 2020

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.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

8632 N Lodgepole Pine Trail, Tucson, AZ 85743, US, Tucson, AZ 85743 Buyer(s) Current Address

PUBLIC REPORT Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

PUBLIC REPORT RECEIPT The developer shall furnish you, as a prospective customer, with a copy of the Public Report required by the Arizona Department of Real Estate. 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.

Public Report Number: DM13-056871 Development Recorded Name: Saguaro Bloom B7 - 55s Lot: 0074 Effective Date: December 5, 2013 Amendment Date: February 2, 2015

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.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

8632 N Lodgepole Pine Trail, Tucson, AZ 85743, US, Tucson, AZ 85743 Buyer(s) Current Address

PUBLIC REPORT Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

PUBLIC REPORT RECEIPT The developer shall furnish you, as a prospective customer, with a copy of the Public Report required by the Arizona Department of Real Estate. 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.

Public Report Number: DM13-056870 Development Recorded Name: Saguaro Bloom B7 - 55s Lot: 0074 Effective Date: December 5, 2013 1st Amendment Date: February 2, 2015 2nd Amendment Date: February 22, 2019

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.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

8632 N Lodgepole Pine Trail, Tucson, AZ 85743, US, Tucson, AZ 85743 Buyer(s) Current Address

PUBLIC REPORT Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

NOTICE OF SELLER’S BUSINESS AFFILIATIONS TO: Aaron Spencer Moeller and Alyssa C Moeller [Homebuyer(s)]

PROPERTY: 10173 N SAND SAGE TRAIL, MARANA, AZ 85653 FROM: D.R. HORTON, INC. [SELLER] DATE: 06/09/2021 3580 W Ina Rd., Ste. 100 Tucson, AZ 85741

This is to give you notice that the above referenced Seller has a business relationship with:

DHI MORTGAGE COMPANY, LTD. DHI TITLE AGENCY D.R. HORTON INSURANCE AGENCY, INC. 3580 W. Ina Rd., Ste.100 20410 North 19th Ave., Suite 120 1341 Horton Circle Tucson, Arizona 85741 Phoenix, AZ 85027 Arlington, Texas 76011

The nature of this business relationship is that these companies are corporate affiliates, each being wholly or partially owned by, or by a subsidiary of, the same parent corporation. Because of this relationship, this referral may provide Seller a financial or other benefit.

Set forth below is the estimated charge or range of charges by each company for settlement services listed. You are NOT required to use these companies as a condition of your purchase of the Property from Seller or as a condition of your application for, or settlement of, a mortgage loan on the Property in connection with your purchase. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.

DHI MORTGAGE COMPANY, LTD. DHI TITLE AGENCY Service Charge or Range Service Charge or Range 0% of Loan Amount Title Services: $850.00 - $950.00 Loan Origination Charge: plus $1,225.00 An additional 1% of the Simultaneous Lender’s Title $870.00 - $1,237.00 Loan Amount may apply for Insurance: certain Affordable Housing Loan Programs Owner’s Title Insurance: $442.00 - $736.00 DHI Title charge estimates are based on an average home price of $300,000. Adjustments to Sales price, Loan Amount and Lender requirements will impact the cost of your title insurance and Escrow/Closing Fees. The Escrow/Closing Fee estimate may include ancillary miscellaneous Escrow related services provided by the Settlement Agent. Mortgage fees may vary depending upon whether the loan is originated or brokered by DHI Mortgage Company, Ltd.

NOTE: A Loan Estimate of all settlement charges will be provided to you at or within three business days after loan application.

D. R. HORTON INSURANCE AGENCY, INC. D.R. HORTON INSURANCE AGENCY, INC. is a licensed insurance agent that offers policies of property insurance as agent for one or more insurance companies qualified to transact insurance business in the State of Arizona. You will be provided a separate proposal or quote of the terms and conditions of any policy of insurance offered by D.R. HORTON INSURANCE AGENCY, INC. in which you express an interest. For comparison purposes, the cost for a hazard insurance policy for a home valued at $300,000 with commonly selected coverage items and deductibles would range between: $200 and $4075 per annum. The specific premium depends on various factors, including but not limited to, the value of the home, the location of the home, deductibles selected, and the amount of coverage selected. The quote will set out the estimated premium and other charges, or range of charges, by D.R. HORTON INSURANCE AGENCY, INC. for its insurance products or services

ACKNOWLEDGEMENT: I/we have read this disclosure form and understand that D.R. HORTON, INC. is referring me/us to purchase the above- described settlement services from DHI MORTGAGE COMPANY, LTD., DHI TITLE AGENCY and D.R. HORTON INSURANCE AGENCY, INC. and may receive a financial or other benefit as the result of this referral.

[Sign.Buyer1] [Date.Buyer1] [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date Co-Buyer: Alyssa C Moeller Date

SELLERS BUSINESS AFFILIATIONS – 5/20/20 Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

RECEIPT FOR HOME BUYERS INFORMATION I (We), the undersigned Buyer(s), acknowledge receipt of D.R. HORTON'S Home Buyers Information that outlines D.R. HORTON'S new home sales policy and procedures. I (We) also acknowledge that the D.R. HORTON Sales Associate has explained and we fully understand the following: A. I must make loan application with the Lender designated in the contract within five (5) days of signing the contract.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer B. I must schedule an appointment with the flooring design center within five (5) days of signing the contract. Your appointment must be within 14 days of signing the contract. C. All changes affecting the footprint of the house must be chosen at time of contract. Any other changes, additions or deletions affecting construction or options must be incorporated into contract documents within 14 or 21 days of signing the contract. Changes to spec homes will be evaluated, based on the construction stage of the house prior to approval and will require management approval. D. I understand D.R. HORTON HOMES "Change Order Policy and Why We Say No." E. I have received, read and understand D.R. Horton’s quality complete closing policy and procedures. F. D.R. HORTON does not make any commitment for completion dates. All estimated dates are subject to unforeseen delays and D.R. HORTON is not responsible for any moving, storage, rent, loan rate lock-ins or any other expenses resulting from a delay. D.R. HORTON will give a firm close of escrow date only cabinets are installed.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer G. D.R. HORTON does not make any commitment or offer any advice regarding loan interest rates, points, loan rate lock-ins, qualifications or other matters regarding my loan. H. D.R. HORTON advises that Centurylink at times experiences delays in providing new service hookups and suggests that I should contact Centurylink 45 to 60 days prior to the completion of my house to place my order for telephone service. I. Any agreements or representations regarding my purchase must be incorporated into contract documents. Oral representations will not be honored. All agreements must be in writing.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer J. I understand that this subdivision has a Home Owner's Association, with Quarterly dues of approximately $199.65, paid Quarterly.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer K. I understand that the block wall locations for my lot are approximate only. I further understand that D.R. Horton may extend the block wall on either side under terms of a purchase contract on an adjoining lot. L. I understand that the block walls may not be on property lines due to, but not limited to; the following: front, side or rear slopes; utility easements; zoning restrictions; and/or community specifications. M. I understand that the block walls are eight course walls; however, after final yard grading the block walls will show a minimum of 6 1/2 courses and that steps at top of walls will occur due to grade changes. These occur at sides, rear or front of each home. N. I understand that the construction of a home is a manufacturing process and that during this process, corrections may be necessary and that the final product will be one of quality and lasting value. O. I understand that construction sites can be dangerous and agree to visit the home after all construction crews have left for the day. I further agree to visit the home only during day light hours, not after dark.

SUBDIVISION: Saguaro Bloom B7 - 55s LOT NUMBER: 0074

[Sign.Buyer1] [Date.Buyer1] [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date Co-Buyer: Alyssa C Moeller Date

RECEIPT FOR HOME BUYER INFO Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

Post Tension Acknowledgement

Aaron Spencer Moeller and Alyssa C Moeller , being the purchaser(s) Lot: 0074 in the subdivision known Saguaro Bloom B7 - 55s of , the address of which as:is: 10173 N SAND SAGE TRAIL, MARANA, AZ 85653 , do hereby acknowledge their understanding that the concrete slab of the home constructed upon said property has been constructed pursuant to a design involving post tension cables. This design involves steel cables installed through the concrete slab in such a fashion that the cables are under constant pressure and tension.

Accordingly, the undersigned acknowledge that there should be no cutting of the slab of the home and no damage done to the slab of the home which could, in any way, alter or disturb the placement of said post tension cables. The undersigned further acknowledge that any act of cutting or altering the concrete slab of the home in any fashion that may affect the post tension cables could result in property damage and personal injury. No cutting of the slab should be done whether for a floor safe, plumbing, or other purpose, which may damage or interfere with the post tension cables.

This acknowledgement is given for the purpose of confirming that the undersigned has been made aware of these facts.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

POST TENSION Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

MOLD/MILDEW ADDENDUM This Addendum to Purchase Contract/Escrow Instructions is attached to and forms a part of the Purchase Contract/Escrow Instructions executed between Buyer and Seller to which this Addendum is attached.

The purpose of this Addendum is to provide information to Buyer regarding mold and to obtain from Buyer an agreement regarding the release of liability by Buyer of Seller in connection with mold caused by the action or inaction of Buyer.

WHAT HOMEOWNERS SHOULD KNOW ABOUT MOLD

Mold. Lately, mold has been in the news. Mold is a type of fungus. It occurs naturally in the environment and it is necessary for the natural decomposition of plant and other organic material. It spreads by means of microscopic spores borne on the wind, and is found everywhere life can be supported. Residential home construction is not, and cannot be, designed to exclude mold spores. If the growing conditions are right, mold can grow in your home. Most homeowners are familiar with mold growth in the form of bread mold, and mold that may grow on bathroom tile.

In order to grow, mold requires a food source. This might be supplied by items found in the home, such as fabric, carpet or even wallpaper, or by building materials, such as drywall, wood and insulation, to name a few. Also, mold growth requires a temperate climate. The best growth occurs at temperatures between 40ºF and 100ºF. Finally, mold growth requires moisture. Moisture is the only mold growth factor that can be controlled in a residential setting. By minimizing moisture, a homeowner can reduce or eliminate mold growth.

Moisture in the home can have many causes. Spills, leaks, overflows, condensation, and high humidity are common sources of home moisture. Good housekeeping and home maintenance practices are essential in the effort to prevent or eliminate mold growth. If moisture is allowed to remain on the growth medium, mold can develop.

Consequences of mold. All mold is not necessarily harmful, but certain strains of mold have been shown to have adverse health effects in susceptible persons. The most common effects are allergic reactions, including skin irritation, watery eyes, runny nose, coughing, sneezing, congestion, sore throat and headache. Individuals with suppressed immune systems may risk infections. Some experts contend that mold causes serious symptoms and diseases which may even be life threatening. However, experts disagree about the level of mold exposure that may cause health problems, and about the exact nature and extent of the health problems that may be caused by mold. The Center for Disease Control states that a causal link between the presence of toxic mold and serious health conditions has not been proven.

What Homeowner can do. The homeowner can take positive steps to reduce or eliminate the occurrence of mold growth in the home, and thereby minimize any possible adverse effects that may be caused by mold. The steps include the following:

1. Before bringing items into the home, check for signs of mold. Potted plants (roots and soil), furnishings, or stored clothing and bedding material, as well as many other household goods, could already contain mold growth. Avoid storing organic material in basements or damp areas.

2. Regular vacuuming and cleaning will help reduce mold levels. Mild bleach solutions and most tile cleaners are effective in eliminating or preventing mold growth.

3. Keep the humidity in the home low. Vent clothes dryers to the outdoors. Ventilate kitchens and bathrooms by opening the windows, by using exhaust fans, or by running the air conditioning to remove excess moisture in the air, and to facilitate evaporation of water from wet surface. Maintain and properly service your air conditioning system, furnaces, heat pumps, and humidifiers attached to furnaces to keep them in full working condition.

4. Promptly clean up spills, condensation and other sources of moisture. Thoroughly dry any wet surfaces or material. Do not let water pool or stand in your home. Promptly replace any materials that cannot be thoroughly dried.

5. Inspect for leaks on a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take notice of musty odors, and any visible signs of mold.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer 6. Seek to prevent water intrusion into the home by regular caulking and painting and maintaining the appropriate grade to allow water to drain away from the house and irrigation systems the proper distance from the home.

7. Should mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test to see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery or carpet should be discarded. Should the mold growth be severe, call on the services of a qualified professional cleaner.

MOLD Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB Various resources are available to learn more about mold issues and procedures for remediation of mold problems. These sites include, but are not limited to the following governmental internet sites (hereinafter, collectively, the “Governmental Internet Sites”) including the web site of the United States Environmental Protection Agency, http://www.epa.gov/iaq, the New York City Department of Health, http://www.ci.nyc.ny.us/html/doh/html/epi/moldrpt1.html, the Center for Disease Control and Prevention (CDC), National Center for Environmental Health, http://www.ci.nyc.ny.us/html/doh/html/epi/moldrpt1.html, the Minnesota Department of Health, http://www.health.state.mn.us/divs/eh/indoorair/mold/index.html, and the California Department Health, http://www.dhs.ca.gov/ps/deodc/ehib/ehib2/topics/Moldhome%20Eng.html

There may also be other sources of information on mold.

DISCLAIMER AND WAIVER

Whether or not you as a homeowner experience mold growth depends largely on how you manage and maintain your home. Our responsibility as a homebuilder must be limited to things that we can control. Buyer will need to take actions after the Close of Escrow to prevent conditions which cause the mold or mildew. This is part of the responsibility of home ownership. Buyer agrees to assume responsibility for following the recommendations in this document and act in accordance with the best practice guidelines contained on the Governmental Internet Sites, as set forth herein. Buyer further acknowledges that if there is any water damage or water intrusion to Buyer's residence, Buyer will take immediate action to prevent conditions which cause mold or mildew to develop.

Buyer acknowledges and agrees that Seller will not be liable for any actual, special, incidental or consequential damages based on any legal theory whatsoever, including, but not limited to, strict liability, breach of express or implied warranty, negligence or any other legal theory with respect to the presence and/or existence of molds, mildew and/or microscopic spores caused by the acts or omissions of Buyer. Buyer, on behalf of itself and its family members, tenants, invitees and licensees, hereby releases Seller and Seller's officers, directors, partners, members successors and assigns from and against any and all claims, actions, damages, causes of action, liabilities and expenses (including without limitation, attorneys’ fees and costs of enforcing this indemnity) for property damage, injury or death resulting from the exposure to microscopic spores, mold and/or mildew and from any loss of resale value due to the presence and/or existence of mold, mildew and/or microscopic spores caused by the acts or omissions of Buyer.

BUYER ACKNOWLEDGES THAT THIS ADDENDUM CONTAINS A RELEASE PROVISION WHICH HAS LEGAL CONSEQUENCES. Buyer has read, reviewed, and understands the information set forth herein and agrees to be bound by the provisions and releases set forth in this Addendum.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

MOLD Saguaro Bloom B7 - 55s LOT:0074 Page 2 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

DR HORTON CHANGE ORDER POLICY AND WHY WE SAY NO DR HORTON CHANGE ORDER POLICY IS ALL NEW HOME BUYERS MUST COMPLETE ALL CHANGES, OPTION SELECTIONS, AND UPGRADES WITHIN 14 DAYS OR 21 DAYS OF SIGNING THE PURCHASE AGREEMENT (14 OR 21 DAYS DEPENDING ON THE PARTICULAR COMMUNITY). NO CHANGES WILL BE ALLOWED AFTER THE 14 OR 21 DAYS.

YOUR PURCHASE AGREEMENT DATE IS: 06/09/2021 FINAL DATE FOR SELECTING OPTIONS AND UPGRADES AND MAKING CHANGES IS: .

WHY WE SAY NO Periodically our customers contact us and say, “I know it’s after the 14 days, but I would like to make a change to my home. Since all I want to do is change a (window, cabinet, light fixture, door, or whatever) and the foundation is just being poured I don’t see how this would be a problem.”

We understand how you feel; numerous buyers have felt the same way! (It’s normal!). In an effort to explain to you WHY WE SAY NO! we offer the following explanations: 1. DR Horton is proud of the concise construction schedule we follow. Changes after the purchase orders go out from our office delay our schedule and increase costs. You would not get your home when you expect it. a. When your home is delayed it gets out of sequence. Therefore, even though the change may only take 2 or 3 days to occur, it may take us 2 weeks or more to get the home back into the construction sequence. 2. Quality is most important to DR Horton. If one superintendent has 15 houses that have changes being made after construction has started; he or she cannot monitor the quality effectively nor schedule completion in a timely manner. 3. Completion time becomes questionable when we continually make changes. This takes away from our efficiency as a builder and costs everybody. Potentially this could cause your home to be delayed enough to lose an interest rate lock. 4. Even though you don’t see them installed, many items that go into the home are ordered even before you see action on your home site. Cabinets, windows, and plumbing fixtures, for example, are confirmed and purchased long before they are installed. We own them and therefore you own them as part of your purchase. So a simple desire to have a larger or smaller window does not eliminate our paying for the original window. Therefore, if we make the change then you, the purchaser, need to pay for 2 windows in the window example.

As you can see from these examples, a change is not as simple as it seems. We would much rather explain to you up front what our policy is and WHY WE SAY NO! than have you think we are gouging you on the price or that we can’t deliver a quality home on time.

In an effort not to disappoint you we have a substantial list of featured options for your home. Please make sure you discuss the options lists with your sales consultant.

COMMUNITY: Saguaro Bloom B7 - 55s LOT NUMBER: 0074

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

CHANGE ORDER POLICY Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

QUALITY COMPLETE CLOSING POLICY AND PROCEDURES

Buyer understands that D.R. Horton Homes Quality Complete Closing Policy and Procedures are as follows:

1. D.R. Horton's Homes' Quality Complete Closing Policy states that: No new buyer will close escrow (key release and move in) until DR Horton is 100% completely satisfied the home is Quality Complete before close of escrow and key releases.

2. After cabinets are completely installed in the new home, a confirmed closing (move in) date will be given to the new home buyer.

3. Approximately four to six weeks after cabinets are installed; D.R. Horton's contract administrator will schedule with the buyer the pre-closing orientation (walk-thru) date and time; and date and time of signing of the closing documents at the title office. In an effort to help make your closing and move in as smooth as possible, please do not schedule anything regarding your move (travel plans, moving vans, or give notice at your current residence, etc) without receiving your final closing information from D.R. Horton Homes contract administrator.

4. D.R. Horton will schedule your new home pre-closing orientation (walk-thru) and signing of the closing documents. Both appointments usually occur on the same day. The pre-closing orientation takes place with a D.R. Horton representative and at least one or all the buyers appearing on the contract and usually takes up to 2 hours.

5. At the orientation, the D.R. Horton representative will demonstrate and orient the buyer to the new home. A checklist form will be filled out with any missing, defective or damaged items noted during the orientation. D.R. Horton will proceed with repairs and/or replacements of any "punch list" items. These "punch list" items will be completed to D.R. Horton's performance standards within five days after the orientation.

6. D.R. Horton's representative will schedule an acceptance re-inspection with the buyer on or before five days after the orientation. At this acceptance re-inspection, the buyer will review all "punch list" items, and sign off as an acceptance of the home.

7. After buyer accepts the new home, and all closing documents are signed, the closing documents are sent to the lender for funding. Funding and recording of the transaction usually occurs the same day the buyer signs off at the re-inspection. D.R. Horton will release keys only after 4:00pm on the day that recordation occurs. Keys will be picked up from the D.R. Horton Sales Associate at the sales office.

*CONSTRUCTION DATES ARE SUBJECT TO CHANGE DUE TO UNFORESEEN DELAYS.

My signature below is indication that I have had D.R. Horton Homes Quality Complete Closing Policies and Procedures thoroughly explained to me and that I fully understand the closing procedures and policies.

SUBDIVISION: Saguaro Bloom LOT NO.: 0074

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

QUALITY COMPLETE Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

DRAINAGE ADDENDUM

Addendum to purchase agreement dated: 06/09/2021 by and between Aaron Spencer Moeller and Alyssa C Moeller as Purchaser(s) and D.R. Horton as Builder for lot: 0074 Of Saguaro Bloom B7 - 55s,MARANA , AZ In accordance with ,^COMMUNITY-CITY^, MARANA or other appropriate Arizona. governing authority requirements and paragraph #15 of the Purchase Agreement, the developer and or builder has provided for all necessary drainage and bank protection on this lot. Any additional landscaping, bank protection, or drainage requirements (other than front yard landscaping if provided by builder) shall be the responsibility of Purchaser(s).

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

DRAINAGE Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

ADDENDUM TO CONTRACT POOLS & PERIMETER WALLS BETWEEN Aaron Spencer Moeller and Alyssa C Moeller , AS BUYERS AND D.R. HORTON, SELLER OF LOT NO. 0074 LOCATED AT Saguaro Bloom B7 - 55s THE ADDRESS OF WHICH IS: 10173 N SAND SAGE TRAIL, MARANA, AZ 85653

1. SELLER MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE PROPERTY REGARDING THE CONSTRUCTION OF SWIMMING POOLS, SPAS, OR OTHER SIMILAR STRUCTURES OR IMPROVEMENTS. NOR DOES SELLER GUARANTEE ANY APPRAISED VALUE OF SUCH IMPROVEMENTS.

2. PERIMETER WALLS WILL TYPICALLY BE PLACED ON THE PROPERTY LINE OR AT THE TOP OF A SLOPE, WHICH MAY OR MAY NOT BE ON THE PROPERTY LINE. THE FINAL DECISION AS TO PLACEMENT WILL BE AT THE SOLE DISCRETION OF THE BUILDER (D.R. HORTON). WALLS WILL BE LOCATED BASED ON GRADE CONDITIONS AND SETBACK REQUIREMENTS, AMONG OTHER CONSIDERATIONS. BUYER UNDERSTANDS THAT BLOCK PERIMETER WALLS ARE EIGHT COURSE WALLS HOWEVER, AFTER FINAL YARD GRADING THE WALL WILL SHOW A MINIMUM OF 6 ½ COURSES AND THAT STEPS AT TOP OF WALLS WILL OCCUR DUE TO GRADE CHANGES. THESE STEPS MAY OCCUR AT SIDES, REAR OR FRONT WALLS. BLOCK WALLS MAY NOT BE ON PROPERTY LINE. WALLS MAY BE AT TOP OF SLOPES.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

POOL Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB DISCLOSURE ADDENDUM TO PURCHASE CONTRACT

Community: Saguaro Bloom B7 - 55s Lot: 0074

CONTRACT, ADMINISTRATIVE INFORMATION, CHARGES, AND CLOSING

1. If you were told something that is not on the Contract, make sure it is written in the contract package. Many options are "discussed" when purchasing a new home. You are responsible for making sure ALL OPTIONS YOU WANT show up on the paperwork. It is not the responsibility of the sales associate to remember your options.

2. Construction delays: Seller makes no representation as to the actual date of completion of the home and Seller will not be responsible for any inconvenience, loss, or expense to Buyer resulting from delays in construction completion. From time to time, Seller may provide, as a courtesy to Buyer or Buyer's Lender, an estimated or anticipated completion timeframe, but cannot guarantee an actual completion date at the initial contract.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

3. D.R. Horton and its representatives/agents do not interpret the legal documents (i.e., the Deed, Covenants, Conditions and Restrictions, etc.) and we suggest you consult your own attorney or advisor if you have questions regarding them.

4. Please order phone service upon your initial purchase date. Please follow up with your phone company throughout the building process in order to ensure that you will have telephone service at your closing date. D.R. Horton makes no representation as to phone service being available upon your closing date.

5. Saguaro Bloom B7 - 55s has a homeowner’s association. The fee is currently $199.65 and will be collected Quarterly. There is also a transfer fee in the amount of $150 paid at closing.

6. If you choose to hire an independent home inspection service and want them to conduct an inspection prior to the close of escrow, the inspector must provide proof of insurance which meets certain criteria prior to entering the premises. We recommend that any inspections be done after a scheduled walk-thru, as they will not be allowed to accompany you during the actual walk-thru. Our walk-thru is designed for your benefit and information. We are happy to review any items noted, but will only address those that do not meet our specifications and/or quality standards. In the event that an independent inspector is in the home and their presence interferes with our normal work, they will be asked to leave until our work is complete. Please see your sales associate for access arrangements to the home, and any other information you may need.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

7. INCENTIVES. Seller typically pays a commission ("Broker Commission") upon home closing to licensed brokers who introduce buyers to Seller's communities. Such a commission may be paid in connection with Buyer’s home purchase. In addition, Seller from time-to-time offers incentives programs ("Incentive Programs") to brokers, such as additional commissions for sales within a certain time period or for multiple sales within a certain time period. Incentive Programs, before or after the date Buyer signs the Contract, may be offered to Buyer’s broker. If Buyer wants more information regarding Broker Commissions or Incentive Programs applicable to Buyer’s home purchase, Buyer may notify Seller in writing. Broker Commission is subject to limitations, if any, on total broker compensation imposed by Buyer’s lender.

CONSTRUCTION, LANDSCAPING, POOLS, RESTRICTIONS, AND INFORMATION

8. Gas meter locations are predetermined and cannot be moved under any circumstances. Please check with your sales associate for details. Gas stubs for hot tubs are not an available option in subdivisions where gas is included.

9. Due to the different number of subcontractors we use to meet production schedules, trim items such as shelving may be different from the models.

10. Features, options and construction design vary from subdivision to subdivision.

11. D.R. Horton reserves the right to add, delete or relocate any l10 outlet. The l10 volt GFI outlet in the garage is not a dedicated circuit. To operate a freezer or some power tools, you will need to purchase a dedicated outlet.

12. When higher profile vehicles are driven beneath the garage door opener, they can catch the release cord to the opener and release the door from the guide. This can cause the door to be pulled from the tracks, or fall down on the vehicle.

13. The heating/air conditioning is a split system with a condensing unit located on the ground in a predetermined location and an air handling unit located in the attic or on the garage floor (depending on the plan).

14. When air handlers are used for the first time, it is not unusual for smoke to be seen initially. They may also set off the fire alarm.

15. The optional soft water loop does not go to any hose bibs, kitchen sink (cold water supply) nor the icemaker supply line.

16. Because Aquapex plumbing is run through the attic, buyers may experience warm water in their cold water supply.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer DISCLOSURE Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 5 17. Envelope DocuSign Please check with your sales associate for air conditioning pad and furnace locations. The location may vary from what is shown at ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB the model.

18. Prices, included features and options shown in brochures and advertisements are subject to change without notice.

19. Color variations will exist in cultured marble shower panels, vanity tops and cabinets.

20. There may be optional upgraded light fixtures, plumbing, and accessories shown in models.

21. The models may be shown with decorator features that are not available as options such as built-in desks, decorator wall tile, fixtures, wallpaper, paint colors, etc.

22. If optional oak stair rails are selected, they will be treated with a stain or paint. Therefore, they will not match cabinetry

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

23. The windows and garage door styles in the home you are purchasing may be different than the windows in the models and/or the windows shown on sales brochures and renderings displayed in the sales office. Windows and vaulted ceilings may vary per elevation and subdivision.

24. Driveway finishes and garage door styles vary with each exterior elevation. Please check with your sales associate for details.

25. The tinting and shading in windows may appear different, depending upon the size of the window.

26. Shade/solar screens are not included on your home. Insect screens are on all operable windows and sliding glass doors, not on french doors.

27. If exterior French doors are ordered, they will not have any window dividers.

28. All interior walls will be painted Summer White or Dover White, not as shown in the models. Flat wall paint is standard. It is not a “scrubable” finish. A more durable upgraded paint is available.

29. Optional fireplaces are a decorator item and are not designed or intended to heat your home. Blowers are not standard, but may be purchased as an option in some neighborhoods.

30. Street lights, fences, utility lines, junction boxes, transformers, TV boxes, phone boxes, pedestals or sewer taps may encroach across lot lines or may vary from subdivision plans. The locations of utility lines, junction boxes, TV boxes, phone boxes, curb cuts and street light locations are predetermined, however the measurements and orientations are approximate and are subject to change in the field. The location of electric service panels and gas meters may vary from the models. Your home layout may differ from the plot plan based on utility requirements. Walls may need to be erected around some utility boxes.

31. A front-yard landscape package may be included.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

32. Due to the characteristics of soils and their direct effect on a home’s foundation, D.R. Horton recommends that all plant material, including turf that requires watering be kept a minimum of 24” from the foundation, and all exterior concrete areas such as driveways, sidewalks and patios.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

33. Buyer is aware that the lot dimensions, building setbacks, building footprints, walkway, and driveway locations are approximate and the decision to purchase should not be based on the dimensions on the site plan. The home may be situated in the opposite orientation of the model home. Please see your sales associate regarding the positioning of your home on the lot.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

34. Buyer understands that garage orientations are predetermined, but may be subject to change in accordance with municipal regulations, building permit requirements, garage orientations of homes previously sold, off-site requirements, and other reasons at the discretion of D.R. Horton. The garage orientation of a home cannot always be determined prior to the purchase of your home.

35. Curbs in this community may have handicap requirements which could include scoring, depressions, or additional landings which may alter your driveway apron.

36. D.R. Horton does not have an option to move fences up any further than the standard location per plan. Masonry walls are built with courses of block however, after final yard grading, the wall will show a minimum of 6.5 courses. Steps at top of walls may occur at

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer DISCLOSURE Saguaro Bloom B7 - 55s LOT: 0074 Page 2 of 5 any pointID: DocuSign Envelope along the fence line due to changes in grade elevation. Block walls constructed by D.R. Horton may not meet pool fence CC5FE7B9-AD11-4530-BBA9-392176ACA0BB requirements of the city, town or county. Additional pool fencing may be required. It is the buyer’s responsibility to investigate this.

37. You are not permitted to add or alter any components in the home such as wiring, insulation, custom built-in features, etc., prior to closing.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

38. Keyed and corner lots may have a "visibility triangle" in the back and/or front yard depending on the municipality requirements. In some cases, this will require the fence or wall to be built on this line in lieu of the property line. In addition, there may be height limitations and other restrictions which may confine landscaping and other improvements within the triangle.

39. Some home sites have utility easements that may run along the side of the property or across the back yard. All lots have a Public Utility Easement in the front yard. All corner lots have an easement that runs the length of the side yard. No swimming pools or permanent structures can be built in this easement. Your neighborhood may have perimeter lots with a 1-foot vehicular non-access easement, which would prohibit you from taking down the perimeter walls for any means of access to your property. Please consult with your sales associate.

40. There may be a berm or slope in the rear or side yard of your lot, which will affect the height of your privacy wall. In addition, depending on the conditions of your lot, a retaining wall may be constructed to supplement your privacy wall. The berm, slope, and/or retaining wall could affect the usable area of your yard, and could also restrict pool construction. All representations as to wall locations are tentative until the home is laid out on the lot. Please consult with your sales associate regarding these potential effects.

41. Some home sites are designed to retain on-site water and will have standing water from time to time.

42. Construction of pools may require additional expense due to size limitations on the side yard, soil conditions, and/or the need for a special equipment dig. Also, per ordinance, all new homes with pools must be constructed with secondary barriers including, but not limited to, interior fencing around pools, self-closing doors, door alarms, or pool and spa covers. D.R. Horton does not supply nor offer these items as options.

43. In an effort to increase efficiency, D.R. Horton reserves the right to build homes out of sequence, line build, and/or parcel build. This could mean that construction of your home may not be started in the order of when you purchased, possibly resulting in a delay in the start of construction, as well as the completion of your home. Please consult your sales associate for additional information.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

44. Models may have wrought iron fences that are not standard or an available option. Wrought iron may be removed at the close of escrow at D.R. Horton’s discretion. Please see your sales associate for details.

45. Each wall or fence located on or adjacent to the dividing line(s) between the buyer’s lot and any adjacent lot(s), even if the wall or fence is located entirely on buyer’s lot, constitutes a party wall. The use and enjoyment of, and repair obligations relating to, the party wall will be shared proportionately by the buyer and the owner(s) of the adjacent lot(s).

46. When purchasing a home with a side-entry garage, note that a 2-3 point turn may be necessary to enter or exit the garage.

MODELS, DESIGN CENTER, OPTIONS AND UPGRADES

47. Model homes are for show only and vary from community to community. The model homes you see at one D.R. Horton community may or may not be built the same as models at another D.R. Horton community, even though they may have the same name or plan number. Certain municipalities have different requirements. You should review the plans for the home you are purchasing with the sales associate at the community in which you purchased to assure yourself of the proper plan. In all cases, your home will be built in accordance with the plans at a community and will not necessarily be exactly the same as the constructed model homes. In addition, the construction plans for model homes may give us an option as to how to handle individual situation. Different trade partners may select a different option per the plans. Finally, plans are updated and/or redlined from time-to-time. Please assure yourself how the home is built at the community in which you purchase.

48. Appliances are selected at the time of your Design Center appointment. Please check with your sales associates regarding which model shows standard appliances. The Design Center can give you the purchase price.

49. Beveled laminate, bull-nose laminate, tile, granite and solid surface countertops are optional and must be discussed at your Design Center appointment. All countertop selections may vary in size and/or shape due to the type and style of various materials.

50. If you have not selected and finalized your Design Center upgrades and appliances within the contract deadline, D.R. Horton is authorized to select standard interiors and appliances to be installed in the home.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer DISCLOSURE Saguaro Bloom B7 - 55s LOT: 0074 Page 3 of 5 MORTGAGE-RELATED INFORMATION DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

51. The selection of excessive upgrades may affect the appraisal of the home. Buyers will be required to pay cash for the amount that is not mortgageable.

52. Past credit problems may affect your receiving a loan. Please consult with your Sales Associate. You should stay in touch with your loan officer so that your loan is complete at time of close of escrow. VA loans may take longer due to volume of loans going through the Veteran’s Administration.

53. DO NOT LOCK YOUR INTEREST RATE until the estimated completion date has been confirmed with our Closing Coordinator. If your lock expires, you will close at the lock rate or prevailing market rate, whichever is higher.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

54. D.R. Horton cannot release your keys until your loan has funded. After cabinets are installed in the house, our Closing Coordinator will contact you to schedule walk-thru orientation, document signing & funding dates. (The walk-thru & closing dates will be 7 calendar days apart).

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

GENERAL INFORMATION

55. The location, height, and brightness of streetlights throughout the community is determined by applicable utility and municipality. Some communities may not have street lighting. D.R. Horton has no control over these matters. Buyer(s) are aware that streetlights may cast light onto your lot home site or windows.

56. Buyer(s) are aware that schools, common areas, parks, open spaces and other sports, community and recreational facilities may or may not be located in the area in which Buyer(s) are purchasing their home, and that lights from such uses and other adjoining uses may cast light onto their home sites and into their windows.

57. Public parks, school fields, and open spaces may be used on weekends and after school hours for sporting events, and other activities not related to the schools.

58. Cable TV may or may not be available in your neighborhood yet.

59. Mailboxes: Community (cluster) mailboxes may be located throughout the community, and may not be installed in their location at the time of your initial contract. Buyer(s) should check with the U.S. Post Office for the location of the mailbox assigned to their home (which may or may not be the mailbox closest to their home), and for the location of any other mailboxes in the community.

60. Retention basins are designed to retain on-site water and will have standing water from time to time.

61. For information on landscaping and amenities in the community, please see your sales associate to view approved landscaping plans for the community.

62. Buyer is aware that the area they are purchasing in may contain desert creatures such as snakes, scorpions, spiders, javelinas, coyotes, etc. which reside in the region, and should use caution when outside in the neighborhood.

63. Buyer(s) are aware that the area in which they are purchasing may be subject to noises from a variety of sources including, without limitation, noises from aircraft; trains; vehicular and pedestrian traffic (e.g., police, fire, and ambulance sirens; delivery trucks, motorcycles and other vehicles; car stereos, boom boxes, etc.); construction activities; agricultural activities; agricultural and irrigation and/or potable water wells and water booster station facilities; animals (including pets and livestock); mining operations; rock quarries; and other activities of surrounding homes, businesses, and organizations (including fairgrounds, carnivals, shooting ranges, testing facilities, race tracks, speedways and other school, community, sporting and recreational activities).

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

64. Buyer(s) are aware that the area in which they are purchasing may be subject to odors from a variety of sources including, without limitation, smells associated with wastewater collection, treatment and/or lift stations; landfill sites, refuse transfer stations, trash containers and trash collection; pets and livestock; dairies and feed lots; agricultural uses; automobile emissions; construction activities; stagnant water, ponding or pools; outdoor cooking or grilling; mining operations; rock quarries; landscape maintenance activities (including irrigation, fertilizers, and pesticides); and other activities of surrounding homes, businesses, and organizations.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer DISCLOSURE Saguaro Bloom B7 - 55s LOT: 0074 Page 4 of 5 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

There are various commercial and industrial plants that operate in the vicinity of the community that may generate noise, odors, traffic, and dust that may be of concern to some individuals.

66. Ongoing construction of streets, homes, and other improvements in the subdivision and surrounding areas may cause additional traffic congestion, noise, dust, odors, vibration, and limited access to and from the subdivision.

67. Homeowners should be aware of ongoing residential and commercial construction for an indefinite period of time. Noise, dust, and construction traffic will be normal until this construction is complete.

68. Due to variations in size, design, and weight, the placement of waterbeds, pool tables, or weight training equipment on the second level of all two-story homes may cause structural damage that will not be covered under the warranty. Neither D.R. Horton, their employees, nor their subcontractors will be held responsible for any damage or injuries relating to or arising from such placement of waterbeds, pool tables, or weight training equipment.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

69. School boundaries may change from time to time and new schools built. Please call the School District Administration Office for this information.

70. School bus stops may or may not be located within or surrounding the community. Buyer(s) should check with the School District for more information regarding the location of any school bus stops located within or surrounding the community.

71. D.R. Horton makes NO representation that only single-story homes will be around buyer’s property.

72. Seller reserves the right to market and sell individual lots and/or tracts of land within the community to other developers or homebuilders.

73. Seller does not make any representations regarding the number of investors that have purchased homes or will purchase homes within Buyer’s subdivision and/or surrounding community. Buyer herby acknowledges that no guarantees or promises either written or oral have been made by Seller or Seller’s representative(s) regarding investors, or the number of owner occupied homes, within the subdivision or surrounding community.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

74. If the home is an ENERGY STAR® qualified home, Buyer acknowledges that any and all environmental credits and governmental reporting rights associated with energy savings for the home will be retained by the applicable utility provider. For more information, please contact an ENERGY STAR® representative at the applicable utility provider.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

75. ARIZONA DEPARTMENT OF PUBLIC SAFETY REGISTRY. The Arizona Department of Public Safety (“DPS”) maintains an internet registration database of the names and addresses of registered sex offenders. If this information is important to Buyer’s purchase decision, Buyer should review the DPS website at http://www.azdps.gov/services/public/offender. Seller has no input into the DPS database and is not responsible for its accuracy.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer DISCLOSURE Saguaro Bloom B7 - 55s LOT: 0074 Page 5 of 5 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

Acknowledgement of Product Differences

Buyer acknowledges that specific floor plans being built at each D.R. Horton community may differ in specifications and details. Actual floor plans and features will vary. Buyer is viewing home as to general floor plan and space but is not relying on this exact model to make a buying decision.

Buyer also hereby acknowledges that the plan purchased has recently been put into production and that there may be necessary changes made to the plan during the course of construction.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

Acknowledgement of Product Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

AUTHORIZATION TO OBTAIN CREDIT REPORT AND RELEASE INFORMATION

BUYER(s): Aaron Spencer Moeller and Alyssa C Moeller LOT NO. 0074 SUBDIVISION: Saguaro Bloom ADDRESS: 10173 N SAND SAGE TRAIL, MARANA, AZ 85653

I hereby give consent to DHI Mortgage Company to obtain a report of my credit history and to discuss my loan and credit status with the appropriate persons at D.R. Horton, Inc., in connection with my purchase of a home.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

I hereby give consent to Title Security, LLC, as Escrow Agent, to release to D.R. Horton, Inc., all information with respect to any loan that I obtain from an outside lender (e.g., a lender other than DHI Mortgage Company) in connection with my purchase of a home.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

Release of Information Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB ADDENDUM 1

ADDENDUM TO THE CONTRACT

O.C.D. 06/09/2021 DATE: 06/09/2021 CONSTRUCTION STAGE #:

BUYER(S): Aaron Spencer Moeller and Alyssa C Moeller

PRESENT ADDRESS: 8632 N Lodgepole Pine Trail, Tucson, AZ 85743, US

CITY: Tucson STATE: AZ ZIP: 85743

HOME PHONE: (520) 878-3497 BUSINESS PHONE: MOBILE PHONE: (520) 878-3497

SUBDIVISION NAME: Saguaro Bloom B7 - 55s LOT: 0074 ADDRESS: 10173 N SAND SAGE TRAIL

PLAN NAME: 4090 A PLAN NO: 4090 ELEVATION: A

BUYER AND SELLER INSTRUCT THE ESCROW AGENT TO ACCEPT THIS INSTRUMENT AS ITS ESCROW INSTRUCTIONS. THIS AMENDMENT SUPERSEDES ANY AND ALL PREVIOUS AMENDMENTS TO THE ABOVE-REFERENCED PURCHASE CONTRACT.

Subject to approval by authorized agent of Seller Corporation.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date

[Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

Approved by Seller: DR Horton, America's Builder

[Sign.Seller] [Date.Seller]

__________________________________ 7/4/2021 _________ Kelly L Rayman [NameB.Seller] Date [TitleB.Seller] Officer, D.R. Horton

ADDENDUM 1 Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

Acknowledgement Regarding Marana Water System Saguaro Bloom

Subdivision: Saguaro Bloom B7 - 55s Lot: 0074

THIS ACKNOWLEDGEMENT supplements the Purchase Contract/Deposit Receipt/Escrow Instructions (the “Contract”) entered into between D.R. Horton, Inc. ("Seller"), and the undersigned Buyer for the above-referenced Lot. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Contract.

Seller hereby discloses to Buyer and Buyer hereby acknowledges the following concerning the Subdivision and the Property (the “Disclosed Matters”):

1. The Town of Marana (“Marana”) is the water provider for the Saguaro Bloom community. Marana has reported that, in its efforts to continuously provide high quality service and product to its customers, it began a voluntary water quality sampling program to gain more information about its water system. Marana reports that it has been conducting water quality testing for unregulated compounds called 1,4-dioxane and perfluoroalkyl substances, including two compounds called PFOA and PFOS. (An “unregulated compound” means that the compound is not part of the mandatory water quality testing that the Marana Water Department is required to do under state and federal rules.) According to Marana, the United States Environmental Protection Agency (“USEPA”) has issued health advisories concerning the unregulated compounds 1,4-dioxane, PFOA and PFOS. Marana has reported that its testing has shown that some of its drinking water wells, including wells that serve Saguaro Bloom, have these unregulated compounds, 1,4-dioxane, PFOA and PFOS, present at concentrations greater than the USEPA health advisory levels.

2. In January 2020, Marana began construction of two water treatment facilities to address the occurrence of the unregulated compounds 1,4-dioxane, PFOA and PFOS in water produced from its drinking water supply wells.

3. As of April 2021, Marana confirmed that the Airline/Lambert Water Treatment Campus facility (the “Water Treatment Facility”) is operational and is being used to treat water produced by municipal wells that supply drinking water to the Airline/Lambert water system, which includes service to Saguaro Bloom. The water is treated to assure that concentrations of unregulated compounds 1,4- dioxane, PFOA and PFOS are below the applicable USEPA health advisory levels in treated water supplied to the Airline/Lambert water system.

4. Marana has advised that all Marana water systems meet the current required federal and state water quality standards for drinking water. Buyer is encouraged to visit www.maranaaz.gov/water-quality or contact Marana Water directly at (520) 382-2570 for more information.

5. Except as stated in this Acknowledgement, Seller, its parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, heirs, personal representatives, successors, and assigns (the “Seller Parties”), have not made and do not make any warranties, representations, promises or statements of any kind, whether written or oral, express or implied, concerning the Town of Marana’s water system, its drinking water supply wells or its water quality sampling program, or the Water Treatment Facility or concerning the unregulated compounds 1,4-dioxane, PFOA, or PFOS, or any potential health or environmental effects associated with any of the same.

6. Seller has no duty to update, and will not update, this Acknowledgement or the information contained in this Acknowledgement (including, without limitation, any references to website or telephone number set forth above in Paragraph 4).

7. This Acknowledgement (i) is not intended to, and does not, constitute a full disclosure of all conditions that might affect the Property or the Subdivision, and

MARANA WATER Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

(ii) does not relieve Buyer from its obligations to investigate the Property and the Subdivision to satisfy itself that the Property and the Subdivision are satisfactory to Buyer.

8. BUYER HEREBY RELEASES SELLER PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITY, LOSSES, COSTS, INJURIES OR DAMAGES, KNOWN OR UNKNOWN, THAT BUYER AND/OR BUYER’S HEIRS, SUCCESSORS, INVITEES, LICENSEES, ASSIGNS AND LEGAL REPRESENTATIVES (“BUYER PARTIES”) MAY HAVE, AT ANY TIME, THAT ARE IN ANY WAY RELATED TO, CONNECTED WITH, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE DISCLOSED MATTERS OR THEIR EFFECTS, PRESENT OR FUTURE, ON THE HEALTH OR SAFETY OF BUYER PARTIES OR THE PROPERTY. IT IS THE SPECIFIC INTENT OF THE BUYER TO FULLY RELEASE AND DISCHARGE EACH AND ALL OF THE SELLER PARTIES FROM ANY AND ALL LIABILITY RELATED TO THE DISCLOSED MATTERS.

THE UNDERSIGNED, HAVING READ, REVIEWED AND UNDERSTOOD THIS ACKNOWLEDGEMENT, HAVE SIGNED THIS ACKNOWLEDGEMENT ON THE DATE SHOWN BELOW.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

MARANA WATER Saguaro Bloom B7 - 55s LOT:0074 Page 2 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

SMART HOME TECHNOLOGY DISCLOSURE AND INSTALLATION ADDENDUM

Subdivision: Saguaro Bloom B7 - 55s Lot: 0074

This Smart Home Technology Disclosure and Installation Addendum (this “Addendum”) is executed in conjunction with and hereby incorporated into the Purchase Contract/Deposit Receipt/Escrow Instructions (the “Contract”) between Buyer and Seller, as defined therein, for the Property as further defined in the Contract. All terms defined in the Contract shall have the same meanings when used in this Addendum. To the extent of any conflicts between the Contract and this Addendum, the terms of this Addendum shall control.

1. Smart Home Technology. If Buyer’s home is equipped with the smart home package, Buyer understands that the House is equipped with technology which may include, but is not limited to, some or all of the following Internet-connected devices: a programmable thermostat; a door lock; a light switch; a touchscreen smart home control device; home security devices such as door and window contacts and motion detectors; a video doorbell; a garage door opener; and a smart speaker (collectively, and including any substitutes thereto, the “Smart Home Technology”), all of which are integrated by an automation platform hosted by Alarm.com. Buyer acknowledges that if Buyer’s home is equipped with Smart Home Technology, Seller reserves the right, without prior notice to Buyer, to substitute other products for the Smart Home Technology products listed above. Other Smart Home Technology features may be offered for an additional charge. See your D.R. Horton sales representative for complete details on the Smart Home Technology included in your home.

2. Installation. If Buyer’s home is equipped with Smart Home Technology, the video doorbell and smart speaker will be installed in Buyer’s home by a third party (the “Installer”) after Closing. Installation of the touchscreen smart home control device also may occur after Closing. At that time, the Installer will activate certain components of the Smart Home Technology and will provide training to Buyer on use of the Smart Home Technology. Additionally, the Alarm.com home automation-only application (the “App”) will be included at no charge to Buyer for 36 months after Closing. Thereafter, the App may be purchased directly from the Installer for a monthly fee. In order to install and activate the Smart Home Technology, and provide you with training on how to use the Smart Home Technology and information regarding additional services or products available for purchase, Seller will provide your contact information to the Installer so the Installer can contact you via telephone, email or U.S. mail to schedule an appointment.

Buyer understands that for the Smart Home Technology to work, Buyer must obtain and pay for Buyer’s own Internet service. Buyer further understands that Buyer may need to purchase compatible devices and maintain accounts with third parties for Smart Home Technology services. The Installer will discuss these requirements with Buyer prior to Buyer’s installation appointment to insure proper installation and activation of the Smart Home Technology. Buyer acknowledges that Seller may receive a referral fee from the Installer if Buyer purchases additional services or products from the Installer.

IMPORTANT INSTALLATION DEADLINE: You have 120 days from the Closing (the “Deadline”) to schedule an appointment with the Installer. If you schedule an appointment with the Installer after the Deadline, you will be required to pay the Installer’s then-current labor and equipment costs to install and activate certain components of the Smart Home Technology and to train you on how to use the Smart Home Technology.

3. Privacy Disclosure. In connection with your purchase of a home, Seller will collect certain personal information from you. To learn more about the categories of personal information Seller collects, and how Seller may use or share that personal information, please view the Privacy Policy on Seller’s website at www.drhorton.com, as it may change from time to time.

4. Collection of Information by Devices. Buyer acknowledges that the Smart Home Technology may collect information about Buyer and Buyer’s use of the device. Buyer understands that this information is collected, used, and analyzed by the third-party provider(s) of the device(s) and the Alarm.com automation platform. Use of such information is governed by the terms, conditions, policies and practices of such third-party provider(s). Buyer is encouraged to carefully review Buyer’s agreements with, and terms and conditions published by, Smart Home Technology third-party providers, as well as additional information about the Smart Home Technology by visiting www.drhorton.com/smart-home. Buyer understands that Seller does not collect any information from the Smart Home Technology in Buyer’s home concerning Buyer or Buyer’s use of the Smart Home Technology.

SMART HOME ADDENDUM Saguaro Bloom B7 - 55s : 0074 Page 1 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

5. Seller Not Responsible. Buyer understands that Seller makes no representations or warranties regarding the Smart Home Technology, including, but not necessarily limited to, the security of the Smart Home Technology, or whether the Smart Home Technology will provide any level of physical or cyber security for Buyer’s home or otherwise, even if the Smart Home Technology is working as intended. SELLER MAKES NO AND (IF ANY EXIST) HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER REGARDING ANY ASPECT OF THE SMART HOME TECHNOLOGY, INCLUDING, BUT NOT NECESSARILY LIMITED TO, THE MAINTENANCE OF THE SMART HOME TECHNOLOGY, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND THE FITNESS FOR A PARTICULAR PURPOSE OF THE SMART HOME TECHNOLOGY. For additional information concerning the Smart Home Technology, Buyer is encouraged to contact respective device manufacturers and/or service providers.

6. Full Release. By executing this Addendum, Buyer accepts the obligations and consequences of ownership of property containing Smart Home Technology. IN CONSIDERATION OF SELLER’S AGREEMENT TO SELL THE PROPERTY TO BUYER, BUYER HEREBY ACKNOWLEDGES AND AGREES THAT, (a) SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, SUBSIDIARIES, AFFILIATES, HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “SELLER PARTIES”) ARE NOT RESPONSIBLE FOR SMART HOME TECHNOLOGY THAT MAY PRESENTLY EXIST OR AT ANY TIME IN THE FUTURE EXIST, AND (b) BUYER AND BUYER’S HEIRS, SUCCESSORS, ASSIGNS AND LEGAL REPRESENTATIVES (THE “BUYER PARTIES”) HEREBY RELEASE THE SELLER PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, COSTS, INJURIES, OR DAMAGES THAT THE BUYER PARTIES MAY HAVE, AT ANY TIME, THAT ARE IN ANY WAY RELATED TO ANY SMART HOME TECHNOLOGY.

IN WITNESS WHEREOF, THE UNDERSIGNED, HAVING READ AND REVIEWED THIS ADDENDUM, HAVE SIGNED THIS ADDENDUM ON THE DATE SHOWN BELOW.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

SMART HOME ADDENDUM Saguaro Bloom B7 - 55s : 0074 Page 2 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

Please contact your bank in the next 24 to 48 hours, to alert them that you have authorized a Debit Card Transaction of $2,500.00, which your bank should process as a valid transaction. If

d this is not done, the transaction may be voided by your bank.

te c ep Ac e ur at gn Si c ni tro ec El DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

d One-Time Prepayment Debit Card Transactions

te By signing below, you are agreeing to use your Visa or MasterCard debit card to make a deposit of $2,500.00, which will be processed on, or after the date of ratification of your home purchase contract by DR Horton, America's Builder, for the following Property:

ep Property Address 10173 N SAND SAGE TRAIL MARANA, AZ 85653

c Ac e ur at gn Si c ni tro ec El DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

d Consumer Authorization for One-Time Prepayment Debit Card Transaction I authorize DR Horton, America's Builder to electronically charge my debit card, pursuant to the

te terms of this authorization, for a one-time deposit, in the amount of $2,500.00 that will be applied toward the total purchase price of $413,400.00 for the Property identified above, or for the purchase of options and upgrades, the purchase of which is governed by your home purchase

ep contract entered into by you and DR Horton, America's Builder.

The one-time charge to my debit card for my deposit in the amount of $2,500.00 will be processed on, or after, my home purchase contract or my change order for options and upgrades,

c as applicable, is ratified by DR Horton, America's Builder. On the date of the processing of the

Ac debit card transaction, I will be provided a debit card transaction receipt. Unless I inform my sales agent that I will return to the sales office to pick up a paper copy of my debit card transaction receipt, I will be provided an electronic copy of my debit card transaction receipt by e-mail on the date that my debit card transaction is processed. By signing this authorization, without notifying my sales agent of my desire to pick up a paper copy, I authorize electronic

e delivery of my debit card transaction receipt. If you do not receive your debit card transaction receipt by email after the debit card transaction has been processed (i.e., after the funds are

ur deducted from your account), please contact your sales agent.

I understand that if I wish to cancel this One Time Prepayment Debit Authorization, I must do so at within 24 hours after I sign this authorization by sending an email to [email redacted]. If, my home purchase contract or change order for options and upgrades, as applicable, is ratified by DR Horton, America's Builder prior to my timely cancellation, and my deposit has been gn

deducted from my account, I will receive a full refund of the deposit authorized by this One Time Prepayment Debit Authorization. DR Horton, America's Builder will provide, within three (3) business days of the date of my cancellation of this One Time Prepayment Debit Authorization, a cancellation confirmation in writing and, if the deposit has been deducted from Si

my account, a credit transaction receipt for the total amount of the deposit authorized by this One Time Prepayment Debit Authorization.

I understand that the Property will be delivered in accordance with the terms of my home c

purchase contract following ratification of my home purchase contract and on, or before two years from 6/9/2021. Thus, by signing below, I understand that my debit card transaction for the ni

deposit will be processed, and funds will be deducted from my account, prior to the delivery of the Property. tro

By signing below, I understand and agree to be subject to the terms of the following Refund Policy.

Refund Policy ec

Prior to closing, your ability to receive a refund of your initial earnest money deposit or any deposit for options and upgrades will be governed by the terms of your home purchase contract. Typically, your home purchase contract will provide that deposits are refundable only if a El

contingency specifically listed in your home purchase contract is not met or in the event of a DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

seller default. We encourage you to review your home purchase contract. After closing, there are no refunds.

d te c ep Transaction Date:06/09/2021 Transaction Time: 18:36:00 PM

Ac e ur at gn Si c ni tro ec El DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

EARNEST MONEY RECEIPT 06/09/2021 COMMUNITY: Saguaro Bloom B7 - 55s LOT: 0074 [number redacted]

BUYERS: Aaron Spencer Moeller and Alyssa C Moeller LOAN TYPE: Conventional (all checks for VA loans must be made out to Title Security)

Earnest Deposits Deposit Collection Due Date Collection Date Payment Type Check Number Amount Amount 06/09/2021 $2,500.00 $2,500.00 06/09/2021 Debit Card $2,500.00 Total $2,500.00 $2,500.00

Attach Check Here:

Earnest Money Receipt Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

D.R. HORTON, INC. PURCHASE CONTRACT/DEPOSIT RECEIPT/ESCROW INSTRUCTIONS Stage of Construction:

SELLER: D.R. HORTON, INC., a Delaware corporation dba D.R. Horton Homes, 3580 W Ina Rd Suite 100, Tucson, AZ 85741 The House will be constructed by D R H Tucson Construction, Inc., ROC license no. 124600, an affiliate of Seller.

BUYER: Aaron Spencer Moeller and Alyssa C Moeller

Marital Status: Married Man and Woman Taking title as: To Be Determined

Current Address: 8632 N Lodgepole Pine Trail, Tucson, AZ 85743, US City: Tucson

State AZ Zip: 85743 Home Phone: (520) 878-3497 Business Phone: :

Buyer intends to occupy the Property as a primary residence: X  Yes  No [RdC.Buyer1] [RdC.Buyer12] Title Company and Escrow Agent: TITLE SECURITY AGENCY 1. Property. Seller agrees to sell and Buyer, jointly and severally if more than one, agrees to purchase the Lot and House (the "Property”) described below on the terms and conditions set forth in this Contract: Lot: 0074 at Saguaro Bloom (“Subdivision"), the address of which is 10173 N SAND SAGE TRAIL City: MARANA Arizona (the “Lot”), with Plan No 4090 Elevation: A (the “House”). 2. Purchase Price. The total purchase price and estimated payment of monies with regard to this transaction are as follows

A. Total Purchase Price of Property as described on the "Job Initiation Order' or "Change Order” $413,400.00 ..…………………........................................... B. Closing Costs (Includes Loan Origination Fee and All Non-Recurring Costs) ..........................................................................................Estimate + TBD

C. Prepaids and Prorations (Includes, but not limited to, Insurance, Taxes, Interest, & Assessments) ........................................................Estimate + TBD

D. MIP, PMI, or VA Funding Fee ...................................................................................................................................................................Estimate + TBD $413,400.00 E. Total Acquisition Cost …………….............................................................................................................................................................. Estimate = $410,900.00 F. Mortgage Amount ("Loan") Total Loan to Value ....................................................................Estimate

G. Balance of Deposit including Closing costs, prepaids, prorations, loan fees, etc. Payable on or before Close of Escrow…………Estimate

Earnest Deposits Deposit Collection Due Date Collection Date Payment Type Check Number Amount Amount 06/09/2021 $2,500.00 $2,500.00 06/09/2021 Debit Card $2,500.00 Total $2,500.00 $2,500.00 AT THE TIME OF SIGNING THE “JOB INITIATION ORDER” OR “CHANGE ORDER,” BUYER SHALL PAY SELLER IN FULL FOR ALL DESIGN CENTER SELECTIONS AND CHANGES AND FOR ALL NON-STANDARD OPTIONAL ITEMS. BUYER WILL BE RESPONSIBLE FOR PAYMENT OF CREDIT REPORT AND APPRAISAL FEES. DEPOSITS NOT HELD IN NEUTRAL ESCROW ACCOUNT: PROSPECTIVE PURCHASERS ARE ADVISED THAT EXCEPT FOR VA BUYERS OR WHERE SELLER IS EXPRESSLY INSTRUCTED TO DO OTHERWISE, EARNEST MONEY DEPOSITS, DOWNPAYMENTS AND OTHER ADVANCED MONEY (INCLUDING ALL DEPOSITS) WILL NOT BE PLACED IN A NEUTRAL ESCROW. THIS MONEY WILL BE PAID DIRECTLY TO THE SELLER AND MAY BE USED BY THE SELLER. THIS MEANS THE PURCHASER ASSUMES A RISK OF LOSING THE MONEY IF THE SELLER IS UNABLE OR UNWILLING TO PERFORM UNDER THE TERMS OF THE PURCHASE CONTRACT. Any Deposits by Buyer to Seller will be made payable to Seller unless such Deposits are required to be held in a neutral escrow account in which case such Deposit checks should be made payable to and deposited with Escrow Agent. For VA Loans Only: The earnest money Deposit will be deposited in a trust account that is safeguarded from the claims of creditors of Seller until the Deposit either (i) has been disbursed for the benefit of Buyer at the Closing, or (ii) if the transaction does not materialize, is otherwise disposed of in accordance with the terms of the Contract.

[Rd.Buyer1] Notice of VA Loan.  Buyer intends to obtain a VA Loan,  X or Buyer does NOT intend to obtain a VA Loan. [Rd.Buyer12] If Buyer does not currently intend to obtain a VA Loan, but later decides to obtain a VA Loan, Buyer must promptly notify Seller in writing.

By initialing Buyer indicates approval of the provisions above.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer 3. ALTERNATIVE DISPUTE RESOLUTION. BUYER AND SELLER AGREE TO RESOLVE ANY DISPUTE BETWEEN THEM THROUGH A PROCESS INVOLVING NEGOTIATION, MEDIATION AND, IF NECESSARY, BINDING ARBITRATION AS DESCRIBED IN MORE DETAIL IN SECTION 26.E BELOW. THE PARTIES UNDERSTAND THAT BY SIGNING THIS CONTRACT AND INITIALING BELOW THEY ARE WAIVING THEIR LEGAL RIGHTS TO FILE A LAWSUIT TO RESOLVE ANY DISPUTE BETWEEN THEM.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

4. Mortgage Program (“Loan Program”)

A. Lender: DHI MORTGAGE Loan Type: Conventional Buyer understands that loan interest rates and discount points can fluctuate until locked by Lender. Buyer has the sole responsibility for instructing Lender to lock discount

points and interest rate.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer PURCHASE CONTRACT Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 6 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

B. Buyer agrees to make loan application within five (5) calendar days of Buyer’s execution of this Contract and will apply for the Loan on the Property in the amount and with Lender specified above. If Buyer obtains a Loan from Lender, 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) calendar days after Buyer’s execution of this Contract (the “Commitment Date”). C. Buyer agrees to use its best efforts to promptly, diligently and in good faith provide all information and documents required by FHA, VA, and/or 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 Contract and, in such event, Seller shall be entitled to exercise any one or all of those remedies set forth in Section 26.B. Except as may be limited by law with respect to VA Buyers, any Buyer who withholds, manipulates, or provides false information resulting in a Loan rejection, regardless of intent, shall 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. 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; (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 representations, 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 Contract does not constitute a loan application, a loan approval, or a commitment by any Lender or Seller.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

5. Contingency (if applicable). Buyer and Seller acknowledge that this Contract is contingent upon the sale and closing of Buyer’s home located at: _______________ __________ ____ This contingency shall be for a total of forty-five (45) calendar days and will expire on: 08/08/2021 Unless Buyer provides Seller, within ten (10) calendar days after execution of this Contract by Buyer, with documentation relating to their home currently listed for sale or in escrow to sell, which documentation is satisfactory to Seller in Seller’s sole and absolute discretion, Seller shall have the right to cancel this Contract. If Seller receives another acceptable contract, he shall notify Buyer in writing and Buyer shall have seventy-two (72) hours from receipt of notification to remove the contingency and proceed with normal closing. Notwithstanding any other provisions herein, Seller will not begin construction until all contingencies have been deleted in writing.

6. No Oral Changes or Representations Real Estate Certification. Seller wishes to avoid any misunderstanding concerning the purchase of the Property. 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 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

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

TO INDUCE SELLER TO ACCEPT THIS CONTRACT, BUYER ACKNOWLEDGES THAT, EXCEPT AS WRITTEN IN THE BLANKS IMMEDIATELY ABOVE, THERE ARE NO AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS, OR PROMISES OF ANY KIND THAT HAVE BEEN MADE TO INDUCE THE EXECUTION OF THIS CONTRACT EXCEPT AS SET FORTH IN WRITING IN THIS CONTRACT; THAT THIS 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 CONTRACT. Buyer, Seller and Seller’s salesperson or broker certify that the terms and conditions of this Contract are true, to the best of their knowledge and belief, and that any other agreement entered into by any of the parties in connection with the real estate transaction is part of, or attached to, this Contract. No salesman, Broker, agent, 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 Contract. This Contract supersedes any and all prior understandings and agreements. This Contract may be amended or modified only by a written agreement signed by Buyer and Seller’s Authorized Corporate Officer.

7. Co-Broke. Upon the close of Escrow of this transaction, a commission equal to 3.00% of the Total Purchase Price of the house will be paid to Keller Willams. It is understood that Bobbi Padilla represents solely the Buyer in this transaction. Co-Broke commissions will be mailed by the Escrow Agent to the above named broker after all closing documents are properly recorded. (Usually within three to five working days after recording).

8. APPRAISED VALUE (Applicable to VA and FHA Loans Only). If Buyer is financing the purchase with an FHA loan, it is expressly agreed that notwithstanding any other provisions of this Contract, the Buyer shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise, unless the Buyer has been given, in accordance with HUD/FHA requirements, a written statement by the Federal Housing Commissioner or a Direct Endorsement lender setting forth the appraised value of the Property of not less than «TOTAL-HOME-PRICE». The Buyer shall have the privilege and option of proceeding with consummation of the Contract without regard to the amount of the appraised valuation. If Buyer is financing the purchase with a VA loan, it is expressly agreed that, notwithstanding any other provisions of this contract, Buyer shall not incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the purchase of the property described herein, if the contract purchase price or cost exceeds the reasonable value of the property established by the Department of Veterans Affairs. The Buyer shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. (Authority: 38 U.S.C. 501, 3703(c)(1)). The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development or the VA, as applicable, will insure. HUD/VA, as applicable, does not warrant the value or condition of the Property. The Buyer should satisfy himself/herself that the price and condition of the Property are acceptable.

9. A. Construction. The House shall be constructed in substantial compliance with plans and specifications on file with Seller and the governing municipality, subject, however, to substitution, in Seller’s sole discretion, of materials or fixtures of substantially comparable or better quality. Seller agrees to erect the House in compliance with the applicable FHA/VA, Conventional Lender and applicable local governmental regulations, and the final inspection and acceptance of the House by the applicable governmental jurisdiction shall constitute substantial evidence that the House has been completed in accordance to the plans and codes. Seller shall have the exclusive right to orient the House on the lot in accordance with Seller’s normal construction practices.

B. Construction Schedule; Punch List. Seller has constructed, is constructing or will begin construction of the House pursuant to Seller’s normal construction schedule. In no event shall the construction period exceed two (2) years from the execution of this Contract, except for delays caused by matter beyond Seller’s control including, without limitation, delays caused by force majeure or acts or omissions of Buyer. No person other than an Authorized Corporate Officer of Seller has any authority to so bind Seller. Buyer may not rely upon the same unless evidenced in writing. The time by which the House shall be completed, if a time is set by Seller, may be extended by written agreement of the parties and shall be extended automatically by reason of any delays resulting from (for the purpose of illustration but not as limitation) labor strikes, slow downs, lock out, material or labor shortages, any action of federal, state, or local authorities having jurisdiction over the Property or affecting Seller’s ability to perform, the supply of utilities, war, civil disorder, fire, unusual weather conditions, acts of God, or any other construction delays (including Buyer-requested changes to the House) which may occur and are not wholly within the control of Seller ("Force Majeure Events").

It is expressly agreed that the House, though completed may be subject to certain "punch list" items for additional work. Notwithstanding that additional work may be required to resolve the "punch list" items, if the House is "livable," then the existence of such "punch list" items will not render the House incomplete. Minor items such as failure of operation of appliances, electric outlets, fixtures, touchup painting, minor corrective work or changes and the like shall not render the House "non-livable." Within a reasonable period of time following the Closing, Seller shall remedy the "punch list” items and make adjustments agreed to by Buyer and Seller in a walk-through inspection which will be scheduled by Seller and Buyer prior to Closing. Buyer agrees to make the House available, during Seller’s business hours, to Seller, its employees, agents and subcontractors for the purpose of completing the “punch list” items. The existence of such "punch list” items or other non-structural construction imperfections shall not entitle Buyer to cancel this Contract, withhold funds at Closing, or delay the Closing. After Closing, Seller shall have no further or continuing responsibility for periodic inspection, replacement, maintenance or repair of improvements except for "punch list" items identified before or at Closing or as may be covered by Seller’s limited warranty described in Section 21.

Buyer may authorize a home inspector (“Home Inspector”) to inspect the House with Seller and to prepare the “punch list” described above. In the event Buyer so authorizes a Home Inspector, Buyer understands, acknowledges and agrees that such Home Inspector’s inspection and completion of the “punch list” shall be in behalf of Buyer and Buyer shall not have the right to a separate inspection or “punch list” and further Buyer hereby indemnifies and holds harmless Seller from and against all damages, claims and causes of action relating to the acts or omissions of the Home Inspector with respect to the House, the Property or the Contract.

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10. Buyer’s Actions Before Closing. Buyer agrees not to do or cause to be done any work or alteration of any nature whatsoever in or about the House before the Closing.

If Buyer violates this Section, it shall be a material default under this Contract. Buyer shall not meet with or give instructions to any subcontractors working on the House on behalf of the Seller unless agreed to in writing by Seller.

11. Buyer’s Selections and Options. Buyer agrees to make an appointment with Seller’s office to go to the specified design center within 14 calendar days of Buyer’s execution of this Contract to select colors, styles, and other similar materials for the House from the available samples. 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 House. Buyer’s selections shall be final and binding. If Buyer has not made such selections within said calendar day period, Seller, in Seller’s sole and absolute discretion, may make such color selections for Buyer and Buyer agrees, understands and accepts that in such case Seller’s selection shall be binding upon Buyer. At the time of signing the “Job Initiation Order” or “Change Order,” Buyer shall pay Seller in full for all design center selections and changes and for all non-standard optional items. Only (a) those standard items of personal Property, fixtures and equipment described in the plans and specification for the House (on file in the offices of Seller), (b) those standard optional items shown on a “Job Initiation Order” or "Change Order" accepted by both parties and stating the additional cost to Buyer therefore (collectively the "Options") and (c) those Non-Standard Optional Items (as defined above) shown on the “Job Initiation Order” or a "Change Order" accepted by both parties 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 House, 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 Contract and are hereby excluded unless specifically provided for in a "Job Initiation Order" or a "Change Order” accepted and signed by Seller’s Authorized Corporate Officer.

12. Escrow Agent. Buyer and Seller hereby employ the title company specified on page 1 to act as Escrow Agent (the "Escrow Agent") for this transaction. Delivery and acceptance of a fully executed copy of this Contract shall constitute employment of such entity as the Escrow Agent. Seller shall be responsible for payment of Escrow Agent’s escrow fees. Buyer shall be responsible for payment of all recording fees, all taxes and assessments described in Section 13, costs of the Loan and/or any other financing, including but not limited to points, origination fees, interest, discounts, credit reports, Lender’s title insurance policy charges, FHA/VA funding fees, mortgage insurance premium, appraisals and any other fees and costs charged by Escrow Agent or Lender for the Loan made to Buyer for the purpose of purchasing the Property, or as a result of any Loan applications submitted by Buyer, whether or not a Loan is made, and any other such items (collectively the "Closing Costs"), except to the extent Seller agrees in writing to pay any portion of such costs.

Upon Closing, Escrow Agent shall cause the recording in the appropriate County Recorder’s Office of all necessary documents to disburse all funds and issue to Lender, at Buyer’s cost, a Lender’s standard title insurance policy, insuring Lender’s interest in the Property in the amount of the Loan, and issue to Buyer, at Seller’s cost, an owner’s standard title insurance policy insuring Buyer’s title in the Property in the amount of the Purchase Price. If an ALTA owner’s policy is issued, Buyer shall be responsible for the difference in cost between that policy and a standard owner’s policy. The parties grant to Escrow Agent the right to execute on their behalf the Affidavit of Value, using the total consideration for the established value. Should Escrow Agent be closed on the day of compliance specified herein for Closing, the requirements will be met on the next succeeding day Escrow Agent is open for business.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

13. Conveyance and Prorations. Seller shall convey title to the Property to Buyer upon the Closing by special warranty deed, subject to all matters of record but free from all monetary liens and encumbrances except that relate to the Loan, if any. Once title to the Property 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 21. At the Closing, current year’s taxes, general and special assessments, and homeowners” association assessments, if any, shall be prorated to the Closing Date on the basis of the latest available tax statement and the current assessments of the homeowners” association. Escrow Agent shall also collect from Buyer for the homeowners” association any working capital fund deposits, other prepaid deposits or transfer fees, required in accordance with the homeowners” association’s governing documents.

If at the time scheduled by Seller for Closing, Seller is unable to deliver title as required herein, Seller shall have a period, determined by Seller in its sole discretion, of up to ninety (90) calendar days to attempt, if Seller desires to do so, to clear any un-permitted exception to title, and, upon being able to do so, Seller shall advise Buyer and the parties shall proceed to Closing within seven (7) calendar days thereafter. If Seller determines that it cannot clear, or if Seller does not clear, the un-permitted exceptions within such period, either party shall have the right to cancel this 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 or Seller shall be refunded to Buyer, and neither party shall have any further duty, obligation, claim or responsibility to the other. If Seller does clear the un-permitted exceptions prior to cancellation of this Contract, the parties shall proceed to Closing within seven (7) calendar days thereafter.

14. Closing. Upon completion of the House 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 Contract) a late Closing fee equal to the greater of (i): $100.00 per calendar day or (ii) interest at the rate of twelve percent (12%) per annum on the Purchase Price, for each calendar day from and including the Closing Date specified above, to and excluding the actual day of Closing. This fee is in addition to (and not in lieu of) Seller’s remedies under Section 26.

Possession of the Property shall remain exclusively in Seller (and House keys shall not be given to Buyer) 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, Closing has occurred and the Purchase Price and all other amounts owing Seller are paid to Seller in immediately available funds (usually approximately 5 working days after closing documents are signed by Buyer and Seller). Buyer understands, acknowledges, and agrees that Buyer has the sole responsibility to arrange for utilities to be turned on to the Property. 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. Buyer agrees to pay all utility costs incurred by Seller after Closing.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

15. Fences, Grading; Soil Compaction; Ceramic Tile; Other Changes. Buyer acknowledges and understands that (i) the location of utility lines, utility improvements (such as but not limited to junction boxes, transformers or pedestals) and sewer taps may vary; (ii) fences may encroach on either side of actual Lot lines; (iii) future construction on, grading, landscaping or excavation of the Lot by Buyer could disrupt drainage and or retention and cause ponding or flooding if not correctly engineered; (iv) Seller has provided for subsurface soil compaction to the extent required by city or county agencies and does not warrant soil conditions in excess of such requirements; (v) Seller reserves the right to make changes to the design of the Subdivision and in the plans and specifications for all Subdivision improvements, including but not limited to plans and selections of homes hereafter to be constructed within the Subdivision; (vi) the character and use of the Property surrounding and in the vicinity of the Subdivision may change; (vii) the concrete floor of the House may have joints in it and is subject to cracking due to settling, expansion, and contractions; and when ceramic tile is installed over any such crack or joint, the tile or tile joints may crack and Buyer understands and agrees that the same is, therefore, a maintenance item and the responsibility of Buyer; and (viii) Seller is not responsible for and does not warrant against concrete that has cracked because of over-watering near a House, walk, or drive-way that has created a condition of soil or ground settlement or expansion. Seller disclaims any responsibility or liability for the occurrence of any of the foregoing items described in this Section, and Buyer hereby releases Seller from any and all responsibility, obligations or liability whatsoever for the occurrence of same. Buyer also understands, acknowledges and agrees that if Buyer desires to do any grading, construction or any other work on the Property, Buyer shall first obtain all necessary approvals, permits and licenses required for such work from the controlling homeowners” association, and its architectural control committee (as applicable), and all applicable municipal, governmental or quasi-governmental agencies having jurisdiction over the Property. Any such work conducted on the Property by Buyer shall void and terminate Seller’s warranty provided to Bu yer as described in Section 21 as to any part of the Property affected directly or indirectly, by such work.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

16. Time of Essence: General Provisions. Time is of the essence of this Contract. No waiver hereunder shall be effective unless in writing signed by the party against whom enforcement of the waiver is sought. The waiver of any breach of any provision of this Contract shall not constitute a waiver of said provision or a waiver of a future breach of that or any other provision. This Contract may only be modified by a written instrument executed by Buyer and Authorized Corporate Officer of Seller. This Contract has been executed in the State of Arizona, and the laws of the State of Arizona shall govern the construction of this Contract. This Contract shall be construed in accordance with its plain meaning and the provisions of this Contract shall not be strictly construed for or against any of the parties to the Contract. This Contract is binding upon the heirs, executors, administrators and successors of the respective parties, but may not be assigned by Buyer without the prior written approval of Seller and any attempted assignment by Buyer (whether voluntarily or by operation of law) shall be void. This Contract, together with any other concurrent or subsequent writing signed by both Buyer and Seller, constitutes the entire agreement of the parties and no other understandings, claims, statements, or representations shall be binding or effective. The singular in number as

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used herein shall be deemed to include the plural, and the masculine gender shall be deemed to include the feminine and neuter gender, and vice versa, whenever the context so requires.

17. Acceptance by Seller. Execution of this Contract by Buyer shall constitute an offer to purchase the Property. This Contract is not binding upon Seller until executed by Seller’s Authorized Corporate Officer. The Contract date shall be the date of execution by Seller’s Authorized Corporate Officer.

18. Broker/Licensee. Buyer acknowledges that Seller and certain employees of Seller have real estate licenses issued by the State of Arizona. Except for a 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 Corporate Officer, 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 holds Seller harmless from and against any and all liability, responsibility, claims, losses, damages, costs, controversies, expenses, or attorneys fees, sustained or incurred by Seller resulting from the actions of Buyer. This paragraph shall survive the Closing or termination of this Contract.

19. Possession and Risk of Loss. Buyer, or their assigns (if permitted in accordance with Section 16) understand that they are not the legal owners of the Lot and House until the time their deed from Seller is recorded and Closing occurs. If pre-approved by Seller, Buyer may enter the Property solely to inspect same and, as stated above in Section 10, Buyer shall not undertake any work on the Property whatsoever prior to the Closing. Buyer shall not enter the Property without Seller’s prior approval, and if Buyer (with or without Seller’s approval) enters the Lot or House during the course of construction, or any time before Closing, Buyer and Buyers family and friends, assume the risk of bodily injury while in or on the Lot or House. BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM AND AGAINST ANY AND ALL PERSONAL INJURIES INCURRED BY BUYER, OR BUYER’S GUESTS, FAMILY, LICENSEES, OR INVITEES 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 Property by fire or other casualty until the Closing, at which time the risk of loss shall pass to Buyer.

20. Inconvenience and Personal Injury. Buyer understands and agrees that construction activity at the subdivision may continue after the close of escrow and occupancy by Buyer. Such construction activity will include, but is not limited to, noise, debris, and the transportation of labor, material, and equipment, which may cause inconvenience to Buyer. Buyer agrees to make no claim against Seller or its contractors 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 contractors and agents, and hereby releases Seller and Broker, their contractors and agents, from such personal injury or Property damage.

21. Limited One Year Warranty. In addition to any warranty of a third party warranty company which Seller may provide to Buyer, Seller warrants that all work performed by Seller in connection with the construction of the House will be of a quality which is standard in the industry in the county in which the Lot is located, and Seller warrants all such work against defective workmanship or materials for a period of one (1) year from the date of Closing. Seller, during normal business hours at its own expense, will make any and all necessary repairs and replacements, provided such repairs and replacements are necessary as a result of defective workmanship or materials and provided Seller is granted reasonable access to the Property during normal business hours. Seller’s obligations under this Warranty and under this Contract are limited to repair and replacement. No steps taken by Seller to correct defects shall extend the warranty period beyond one (1) year. This warranty is applicable only to matters reported in writing to Seller 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 House or affecting the 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 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 condition on the Property or Buyer. THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. IN RETURN FOR RECEIVING THIS WARRANTY, BUYER(S) AGREES TO FOREGO ALL OTHER EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, WORKMANSHIP AND ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT COULD BE CONSTRUED TO COVER THE PRESENCE OF RADON OR OTHER ENVIRONMENTAL POLLUTANTS ANY WARRANTIES WHICH EXCEED THE FOREGOING OBLIGATIONS ARE HEREBY DISCLAIMED AND THE SAME ARE EXCLUDED FROM THIS 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 House 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, 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 House that are considered "consumer products" as defined by the Federal Trade Commission for the purpose of the Magnuson Moss Act (15 U.S.C. 2301, et seq.) that may be included in this transaction. The manufacturers of some products used in the House may provide a manufacturer’s warranty. Seller has no obligation or responsibility for the manufacturer’s warranty. Seller has no obligation or responsibility for the manufacturers performance, and Seller does not warrant 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,

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

LIMITATION OF LIABILITY: IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY, WHETHER IN CONTRACT OR OTHERWISE, IS LIMITED TO THE REMEDY OF REPAIR OR REPLACEMENT AS SET FORTH ABOVE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, ANY DAMAGES BASED ON A CLAIMED DIMINUTION IN THE VALUE OF THE PROPERTY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS CONTRACT MAY BE BROUGHT BY BUYER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED UNDER THE WARRANTY PROVISION HEREIN ABOVE PROVIDED.

22. Prior Sale/Acquisition of Property. This Contract is subject to any prior sale of the Property and, in the event of such prior sale, Seller may cancel this Contract at any time prior to Closing by sending written notice of such cancellation to Buyer. Upon such cancellation all deposits previously paid by Buyer to Seller or Escrow Agent and shown receipted in Section 2 shall be returned to Buyer by Seller or Escrow Agent, and thereafter neither party shall have any further duty, obligation or responsibility to the other under the Contract. Seller shall have the power and authority to determine, in Seller’s sole and absolute discretion, which of two or more sales shall be deemed to have occurred first in time if Seller’s written records do not conclusively indicate which sale of the Property occurred first in time. If, as of the Contract date, Seller does not own title to the Property and Seller is thereafter unable to acquire the Property on terms and conditions acceptable to Seller, in its sole and absolute discretion, Buyer understands that it will be impossible for Seller to perform its obligations under this Contract. In the event of such an impossibility, Seller will have the right to terminate this Contract and return the earnest money deposit to Buyer, and no cause of action shall accrue on behalf of Buyer because of such termination. 23.

23. Insulation. Insulation will be installed in the House as follows where construction allows: WALLS SEPARATING REFRIGERATED AREAS FROM NON-REFRIGERATED AREAS: Type: BATT Thickness: 3.5” R-Value: R-13 CEILING (except over garage or un-refrigerated storage rooms: Type: BLOWN-IN CELLULOSE Thickness: 8” R-Value: R-30 . Notwithstanding the foregoing, insulation may be of lesser thickness and R-value than indicated in certain areas where the design of the House does not permit greater thickness. Examples of locations where thickness and R-value may vary include locations where studs are placed in walls, at corners and windows and where roof trusses attach to outside walls. The R-values are based on the representation of the manufacturer and/or installer of the insulation, and Seller does not warrant or represent that these R-values are correct. Seller has the right to make substitutions as to the type, thickness and R-value of insulation installed in the House without obtaining the consent of Buyer, as long as there are no substantial decreases in the R-value of the insulation installed in a substantial portion of the House.

24. Attorneys’ Fees and Costs. In the event of any arbitration or other action between the parties to this Contract, whether for breach of contract, express or implied warranty, personal injury or property damage, or otherwise, each party shall bear its own attorneys’ fees, expert witness fees, and costs of such action.

25. Notices. Except as otherwise provided in the Contract, all notices required or permitted under this Contract shall be in writing and shall be effective upon personal delivery to Seller or Buyer, or upon deposit in the U.S. mail, first class, addressed to the respective parties at the addresses specified in this Contract or to such other address as either party, from time to time, shall specify in the manner provided in this Section.

26. Failure to Obtain a Loan; Defaults and Remedies; Seller Right to Terminate for Unresolved Dispute; Three Day Buyer Cancellation Right; and Alternative Dispute Resolution.

A. Failure to Obtain a Loan. If Buyer is unable, without default by Buyer, to qualify for and obtain the Loan in full amount described in Section 2 by the Commitment Date, either party shall have the right to cancel this Contract by sending written notice of such cancellation to the other. In the event of such cancellation, Seller shall refund to Buyer and shall cause Escrow Agent to refund to Buyer all Deposits received from Buyer in respect of the total Purchase Price, less all amounts received by Seller or Escrow Agent from Buyer for any changes (including without limitation design and engineering costs) which are not part of Seller’s standard Option package ("Non-Standard Optional Items"), and less Two Hundred Fifty Dollars ($250.00) to reimburse Seller and Lender for Contract administration and costs incurred by Seller or Lender in obtaining appraisal and credit information concerning Buyer, or, if said costs are greater than $250.00, then less the actual costs for such appraisals and credit information and any other materials and expenditures obtained or made by Seller and / or Lender. In the event of a cancellation by either party pursuant to this Section 26.A, neither party shall have any further duty, obligation, claim or responsibility to the other under this Contract, except as otherwise set forth in this Section 26.A.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

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B. Defaults and Remedies. Buyer shall be in default under this 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 Contract, or (b) fails to fully perform any provision or this Contract, and does not fully cure that failure to perform within seven (7) calendar days from the date Seller or its Authorized Corporate Officer 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 seven (7) calendar day notice and 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 Contract at any time thereafter by giving oral or written notice to the Buyer, or Seller may sue for damages or for specific performance or pursue any other remedies available at law or in equity, in Sellers sole discretion. Seller may retain Seller-held Deposits and may obtain from Escrow Agent the Deposits as part of Buyer’s performance of this Contract without electing to cancel this Contract, and without waiving Seller’s right to pursue specific performance of the Contract. If this 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 Contract and requesting payment of the Deposits and other amounts as part of the performance of the Contract by Buyer.

If Seller elects to cancel this Contract as provided above, the parties acknowledge that the actual damages incurred by Seller are extremely difficult to estimate in advance and Seller’s retention of the 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. All remedies of Seller hereunder shall be cumulative.

Subject to the terms and provisions of Section 13 for defective title or Section 9.B for Seller’s failure to complete timely the construction of the House, if Seller, prior to the Closing, otherwise fails to comply substantially with the terms and conditions of the Contract, and if Buyer shall have complied with all of its obligations hereunder, Buyer shall be entitled to deliver to Escrow Agent and Seller a written notice detailing the default of Seller. Seller shall have twenty (20) calendar 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 either (i) cancel this Contract and receive a refund of its Deposits or (ii) pursue specific performance of this Contract, Buyer hereby expressly waiving any other rights and remedies it may have at law or in equity. Notwithstanding the foregoing, if Seller fails to substantially complete construction within two (2) years from the date Buyer signs this Contract, subject to delays caused by matters beyond Seller’s Control including, without limitation, delays caused by force majeure or acts or omissions of Buyer, Buyer may pursue whatever remedies Buyer may have at law or in equity under any applicable law.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

C. Seller Right to Terminate for Unresolved Dispute. NOTWITHSTANDING any other provisions in this Contract (including but not limited to the provisions of Section 26.E), in the event that a bona fide dispute should arise between Buyer and Seller before the Closing of this Contract concerning boundaries, consideration, construction of improvements, or any matter relating to the Property or the interpretation of this Contract, and, if such bona fide dispute cannot in good faith be resolved completely and to the satisfaction of both Parties within ten (10) calendar days after such dispute has arisen, then Seller shall have the right, upon written notice to Buyer, to terminate and cancel this Contract and return the Deposits to Buyer, in which event neither party shall have any further duty, obligation, claim or responsibility to the other under this Contract.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

D. Three Day Buyer Cancellation Right. Buyer shall have until five p.m. on the date three (3) calendar days after Buyer executes this Contract in which to deliver in writing to Seller and Escrow Agent at the addresses set forth on page 1 of this Contract, Buyer’s election to cancel this Contract (“3-Day Cancellation Notice”). Provided Buyer delivers such 3-Day Cancellation Notice on or before five p.m. on the date three (3) calendar days after Buyer executes this Contract, then this Contract shall be cancelled, all deposits made by Buyer shall be promptly refunded to Buyer and neither party shall have any further duty, obligation, claim or responsibility to the other under this Contract.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

E. DISPUTE RESOLUTION PROCEDURES. BUYER AND SELLER DESIRE TO RESOLVE ANY DISPUTE BETWEEN THEM AS QUICKLY, INEXPENSIVELY AND EFFICIENTLY AS POSSIBLE, AVOIDING THE EXPENSE AND DELAY OF COURT PROCEEDINGS. THIS APPLIES TO EVERY POTENTIAL DISPUTE BETWEEN THE PARTIES. CONSEQUENTLY, THE PARTIES AGREE TO THE FOLLOWING SEQUENCE OF PROCEDURES TO RESOLVE SUCH DISPUTES.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

NEGOTIATION; RIGHT TO REPAIR. WHEN EITHER PARTY FEELS A DISPUTE HAS ARISEN THAT PARTY SHALL NOTIFY THE OTHER PARTY IN WRITING OF THE NATURE AND SPECIFIC DETAILS OF THE DISPUTE. WITHIN FIFTEEN (15) CALENDAR 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 INTERESTS OF BOTH PARTIES.

MEDIATION. IF NEGOTIATION DOES NOT RESOLVE THE DISPUTE, THE PARTIES SHALL SUBMIT THE MATTER TO A MEDIATOR, WHOSE ROLE IS TO FACILITATE NEGOTIATION BETWEEN THE PARTIES. THE MEDIATOR WILL NOT HAVE POWER TO DECIDE HOW TO RESOLVE THE DISPUTE, BUT WILL USE RECOGNIZED, ACCEPTED MEDIATION TECHNIQUES TO ASSIST THE PARTIES IN MAKING THAT DECISION. THE MEDIATION WILL LAST A MINIMUM OF TWO (2) HOURS.

ARBITRATION. IF THE DISPUTE IS NOT RESOLVED BY MEDIATION, THE PARTIES SHALL SUBMIT THE MATTER TO BINDING ARBITRATION. THIS MEANS THE POWER TO DECIDE THE OUTCOME OF THE DISPUTE WILL BE ASSIGNED TO THE ARBITRATOR, AND ALL PARTIES AGREE TO ACCEPT THE DECISION OF THE ARBITRATOR AS FINAL. IN MAKING THIS AGREEMENT, THE PARTIES ARE WAIVING ALL RIGHTS TO APPEAL THE DECISION OF THE ARBITRATOR TO A COURT OF LAW, AND ARE WAIVING THEIR RIGHTS TO FILE A LAWSUIT RELATING TO ANY DISPUTE BETWEEN THEM. ANY QUESTIONS REGARDING THE INTERPRETATION OF THIS ARBITRATION PROVISION OR THE ARBITRABILITY OF THE DISPUTE UNDER IT SHALL BE DECIDED BY THE ARBITRATOR, UNLESS SPECIFICALLY REQUIRED BY LAW TO BE DECIDED BY A COURT, AND THAT DECISION SHALL BE BINDING ON THE PARTIES. UPON A SPECIFIC SHOWING OF FINANCIAL HARDSHIP, AS DETERMINED BY THE ARBITRATOR, SELLER MAY ADVANCE ARBITRATION FILING FEES ON BEHALF OF BUYER.

NO CONSOLIDATION. NO NEGOTIATION, MEDIATION OR ARBITRATION ARISING OUT OF OR RELATING TO THIS CONTRACT SHALL INCLUDE, BY CONSOLIDATION, JOINDER, ASSIGNMENT, CLASS ACTION, OR IN ANY OTHER MANNER, ANY ADDITIONAL PERSON OR ENTITY NOT A PARTY TO THIS CONTRACT, EXCEPT FOR EMPLOYEES AND AGENTS OF SELLER AND BUYER AND EXCEPT BY WRITTEN CONSENT OF THE PARTIES HERETO AND ANY OTHER PERSON OR ENTITY SOUGHT TO BE JOINED. NOTWITHSTANDING THE FOREGOING, THIRD PARTIES INVOLVED IN THE CONSTRUCTION OF THE PROPERTY MAY BE JOINED IN ANY PROCEEDING AT SELLER’S DISCRETION.

SELECTION; RULES. THE MEDIATION AND ARBITRATION SHALL BE ADMINISTERED AND CONDUCTED BY A MEDIATOR AND AN ARBITRATOR MUTUALLY AGREEABLE TO THE PARTIES. IN THE EVENT THE PARTIES CANNOT AGREE ON THE SELECTION OF A MEDIATOR OR ARBITRATOR, EITHER PARTY MAY FILE A PETITION WITH THE PRESIDING JUDGE OF THE SUPERIOR COURT IN THE COUNTY WHERE THE PROPERTY IS LOCATED FOR THE APPOINTMENT OF A MEDIATOR OR ARBITRATOR. ANY ARBITRATION SHALL BE CONDUCTED IN SUBSTANTIAL CONFORMANCE WITH THE CONSTRUCTION INDUSTRY ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); HOWEVER, THE ARBITRATION NEED NOT BE CONDUCTED BY OR THROUGH THE AAA.

BUYER AND SELLER ACKNOWLEDGEMENT. THE PARTIES UNDERSTAND THAT BY SIGNING THIS AGREEMENT AND BY INITIALING BELOW THEY ARE WAIVING THEIR LEGAL RIGHTS TO FILE A LAWSUIT TO RESOLVE ANY DISPUTE BETWEEN THEM. THIS MEANS THE FINAL DECISION OF ANY DISPUTE WILL BE MADE BY AN ARBITRATOR AND NOT BY A JUDGE OR JURY. THEY ARE NOT WAIVING THEIR RIGHT TO EMPLOY LEGAL COUNSEL TO ASSIST THEM IN ANY PHASE OF THE PROCESS. HOWEVER, EACH PARTY SHALL BEAR ITS OWN ATTORNEYS’ FEES, EXPERT WITNESS FEES, AND COSTS. THIS AGREEMENT IS AN ESSENTIAL ELEMENT AND PART OF THE CONTRACT BETWEEN THE PARTIES FOR THE PURCHASE OF THE HOUSE. FOR PURPOSES OF THIS SECTION 26, SELLER SHALL BE DEEMED TO INCLUDE DRH TUCSON CONSTRUCTION, INC., WHICH IS AN INTENDED THIRD PARTY BENEFICIARY OF THIS CONTRACT.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer PURCHASE CONTRACT Saguaro Bloom B7 - 55s LOT: 0074 Page 5 of 6 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

BUYER IS ADVISED THAT BUYER MAY HAVE ADDITIONAL RIGHTS, REMEDIES AND WARRANTIES BEYOND THOSE CONTAINED IN THIS CONTRACT AS ARE PROVIDED BY LAW.

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

BUYER FURTHER ACKNOWLEDGES THAT HE HAS RECEIVED A COPY OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO THIS SUBDIVISION AND, IF THERE IS A HOMEOWNERS’ ASSOCIATION FOR THIS SUBDIVISION, BUYER HAS RECEIVED A COPY OF THE ARTICLES OF INCORPORATION AND BYLAWS FOR THAT ASSOCIATION.

BUYER AGREES AND ACKNOWLEDGES THAT BUYER MAY BE OBLIGATED TO COMPLY WITH ALL OF THE TERMS AND PR OVISIONS 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.

27. SEVERABILITY. The provisions of this Contract are severable and if any provision or part hereof or the application thereof to any person or circumstances shall be held to be invalid or unenforceable for any reason, the remainder of this Contract and the application of such provision or part hereof to other persons or circumstances shall not be affected thereby and shall remain in force and effect to the fullest extent permitted by law.

28. REGISTRAR OF CONTRACTORS. UNDER ARIZONA REVISED STATUTES SECTION 32-1155, A BUYER OF A DWELLING HAS THE RIGHT TO FILE A WRITTEN COMPLAINT AGAINST THE HOMEBUILDER WITH THE REGISTRAR OF CONTRACTORS WITHIN TWO YEARS AFTER THE CLOSE OF ESCROW OR ACTUAL OCCUPANCY, WHICHEVER OCCURS FIRST, FOR THE COMMISSION OF AN ACT IN VIOLATION OF THE ARIZONA REVISED STATUTES SECTION 32-1154 SUBSECTION A.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

BUYER IS ADVISED THAT BUYER MAY HAVE ADDITIONAL RIGHTS, REMEDIES AND WARRANTIES BEYOND THOSE CONTAINED IN THIS CONTRACT AS ARE PROVIDED BY LAW.

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

BUYER FURTHER ACKNOWLEDGES THAT HE HAS RECEIVED A COPY OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO THIS SUBDIVISION AND, IF THERE IS A HOMEOWNERS’ ASSOCIATION FOR THIS SUBDIVISION, BUYER HAS RECEIVED A COPY OF THE ARTICLES OF INCORPORATION AND BYLAWS FOR THAT ASSOCIATION.

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.

THE SELLER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF THE PUBLIC REPORT (SUBDIVISION DISCLOSURE REPORT) OF THE ARIZONA DEPARTMENT OF REAL ESTATE AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT.

BUYER:

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 _________________________________ ________ __ _ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 _________________________________ ________ __ _ Co-Buyer: Alyssa C Moeller Date SELLER'S ACCEPTANCE: BROKER’S ACCEPTANCE:

DR Horton, America's Builder [Sign.Escr1] [Date.Escr1] 6/13/2021 _______________________________________________ ____________ [Sign.Seller] [Date.Seller] __ _ 7/4/2021 _________________________________ ________ STAHL, ROBERT J Date _ _ Seller's Designated Broker Kelly L Rayman [NameB.Seller] Date Officer, D.R. Horton [TitleB.Seller] Seller's Authorized Officer

PURCHASE CONTRACT Saguaro Bloom B7 - 55s LOT: 0074 Page 6 of 6 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

JOB INITIATION ORDER (Addendum to the Contract) O.C.D. 06/09/2021 DATE: 06/09/2021 CONSTRUCTION STAGE #: BUYER(S): Aaron Spencer Moeller and Alyssa C Moeller

PRESENT ADDRESS: 8632 N Lodgepole Pine Trail CITY: Tucson STATE: AZ ZIP: 85743 HOME PHONE: (520) 878-3497 BUSINESS PHONE: MOBILE PHONE: (520) 878-3497

SUBDIVISION NAME: Saguaro Bloom LOT: 0074 ADDRESS: 10173 N SAND SAGE TRAIL

PLAN NAME: 4090 A PLAN NO: 4090 ELEVATION: A

DESCRIPTION PRICE

BASE PRICE $407,400.00

(No plan adjustments found.)

BASE PRICE WITH ADJUSTMENTS $407,400.00

LOT PREMIUM $6,000.00 (No lot adjustments found.) LOT PREMIUM WITH ADJUSTMENTS $6,000.00

TOTAL OPTIONS $ 0.00 (See Selection Sheet For A Detailed List of Options) TOTAL: $413,400.00 Subject to approval by authorized agent of Seller Corporation. BUYER:

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ________________________________ ________ ___ _ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ________________________________ ________ ___ _ Co-Buyer: Alyssa C Moeller Date SELLER'S ACCEPTANCE: BROKER’S ACCEPTANCE: DR Horton, America's Builder [Sign.Escr1] [Date.Escr1] 6/13/2021 _____________________________________________ ____________ [Sign.Seller] [Date.Seller] 7/4/2021 ____ _ ________________________________ ________ STAHL, ROBERT J Date __ _ Kelly L Rayman Seller's Designated Broker [NameB.Seller] Date [TitleB.Seller] Officer, D.R. Horton Seller's Authorized Officer

JOB INITIATION Saguaro Bloom B7 - 55s LOT:0074 Page 1 of 1 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

BUILDER’S INCENTIVE AND CONCESSIONS ADDENDUM This BUILDER’S INCENTIVE AND CONCESSIONS ADDENDUM is attached to and made a part of the certain Purchase Agreement and Escrow Instructions dated 06/09/2021 between D.R. Horton, Inc., as Seller, and Aaron Spencer Moeller and Alyssa C Moeller , as Buyer, regarding the Property therein described (the “Purchase Contract”). This Addendum, together with the Purchase Contract constitutes the entire agreement between Seller and Buyer with regard to any cost incentives, allowances, adjustments, credits, discounts, rebates, or other builder concessions of any kind or amount (collectively, “Incentives”) made, or to be made, by Seller in connection with the sale of the Property to Buyer under the Purchase Contract, and there are no agreements regarding such Incentives, whether written or unwritten, expressed or implied, between the parties except as set forth in this Addendum and the Purchase Contract. In the event of any conflict in terms set forth in this Addendum with any other provisions of the Contract, this Addendum shall control.

Buyer acknowledges receipt of a separate written Notice of Seller’s Business Affiliations from Seller (the “Affiliation Notice”) informing Buyer that Seller has affiliated business arrangements with DHI Mortgage Company, Ltd. (“DHI MORTGAGE”) and DHI Title of Arizona, Inc. (“DHI TITLE”) and that Buyer is not required to use either of these affiliated companies or any PREFERRED LENDER (described below) as a condition of Buyer's purchase of the Property or Buyer's access to settlement services in connection with the purchase of the Property

1. Seller hereby offers the following Incentives to Buyer upon successful close of this transaction. The offer of these Incentives is not conditioned on Buyer’s use of any particular lender.

a. Builder Incentive. Buyer shall be entitled to an incentive up to the amount of $___0______, which amount may be applied by Buyer as a credit toward the Purchase Price owed to Seller, which includes but is not limited to optional features, material upgrades, landscape improvements, or decorator items selected by Buyer and included in the purchase price of the Property as set forth in the Purchase Contract. No portion of this amount may be disbursed to Buyer.

b. Finance Incentive. Buyer shall be entitled to an incentive paid by Seller up to the amount of $0.00. This Seller finance incentive is to be applied towards the payment of the following fees to the extent applicable and in the following order: Origination Charge; Origination Fee; Upfront Unfinanced Mortgage Insurance (if applicable). If additional incentive remains it shall be applied as a general incentive credit towards other usual and customary closing costs charged to Buyer by other settlement service providers. No portion of this amount may be applied as a credit towards, or in partial payment of, the Purchase Price of the Property or disbursed to Buyer. Any excess unused incentive is forfeited by Buyer.

2. Offer of Additional Finance Incentive. In addition to the above Incentives, the following additional Incentive is offered in conjunction with the use of Seller’s PREFERRED LENDER(S) described below:

If Buyer does apply to a PREFERRED LENDER for a mortgage loan to finance the purchase of the Property and if the loan is approved and funded by the PREFERRED LENDER, Seller agrees to pay on behalf of Buyer, or to provide incentives, discounts or credits to Buyer for, the following costs in connection with the sale and financing of the Property:

Finance Incentive. Buyer shall be entitled to an incentive paid by Seller up to the amount of $4,000.00. This Seller finance incentive is to be applied towards the payment of the following fees to the extent applicable and in the following order: Origination Charge; Origination Fee; Upfront Unfinanced Mortgage Insurance (if applicable). If additional incentive remains it shall be applied as a general incentive credit towards other usual and customary closing costs charged to Buyer by other settlement service providers. No portion of this amount may be applied as a credit towards, or in partial payment of, the Purchase Price of the Property or disbursed to Buyer. Any excess unused incentive is forfeited by the Buyer.

[Init.Buyer1] [Init.Buyer2] Initials ________ ________ Buyer Co-Buyer

3. Preferred Lender. The PREFERRED LENDER relating to this Builder’s Incentive and Concessions Addendum is: DHI MORTGAGE. More information regarding DHI MORTGAGE is available at: www.dhimortgage.com.

BICA Saguaro Bloom B7 - 55s LOT: 0074 Page 1 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

THE UNDERSIGNED ACKNOWLEDGE THAT EACH OF THEM HAS READ THIS BUILDER’S INCENTIVE AND CONCESSIONS ADDENDUM TO THE PURCHASE CONTRACT AND AGREE TO THE TERMS, CONDITIONS AND LIMITATIONS CONTAINED HEREIN.

[Sign.Buyer1] [Date.Buyer1] 6/9/2021 ___________________________________ _________ Buyer: Aaron Spencer Moeller Date [Sign.Buyer2] [Date.Buyer2] 6/9/2021 ___________________________________ _________ Co-Buyer: Alyssa C Moeller Date

Approved by Seller:

By: DR Horton, America's Builder

[Sign.Seller] [Date.Seller]

__________________________________ 7/4/2021 _________ Kelly L Rayman [NameB.Seller] Date Officer, D.R. Horton [TitleB.Seller]

Saguaro Bloom B7 - 55s 0074 Subdivision Lot

BICA Saguaro Bloom B7 - 55s LOT: 0074 Page 2 of 2 DocuSign Envelope ID: CC5FE7B9-AD11-4530-BBA9-392176ACA0BB

Selection Sheet As of Change Order 0

Aaron Spencer Moeller and Alyssa C Moeller, Buyer And DR Horton, America's Builder, Seller

Date: 06/09/2021 Plat Lot/Block/Phase: 74/7/7A Job #: [number redacted]

Agreement of Sale Dated: 06/09/2021 Lot Address: Community: Saguaro Bloom B7 - 55s 10173 N SAND SAGE TRAIL Plan/Elevation Name: 4090 A MARANA, AZ 85653 Swing: L -

Color Selections

– Painting Option # Color Rev. # Rev. Date User

Ponderosa Tile 5502 Body/Trim/Accent SCheme #6 0 06/09/2021  Location: Notes: Portico/Chateau Brown/Resort Tan

(No options found.)

Price Summary: Amount Adjusted Base Price $407,400.00 Adjusted Lot Premium $6,000.00 Total Option Price $ 0.00 Current Selling Price $413,400.00

D. R. HORTON AMERICA'S BUILDER [Sign.Buyer1] [Date.Buyer1] 6/9/2021 _______________________________ _________ DR Horton, America's Builder ____ Date Buyer: Aaron Spencer Moeller [Sign.Seller] [Date.Seller] 7/4/2021 ___________________________