Can You Just Say No? Page 3
What Are Your Views on the Marijuana Vote for Wichita? See Page 5
A Valentine Cake to Please Your Loved One! Page 9
Marsha Allen is Number 1
What Buyers Should look for Before home Inspector arrives!
February 1, 2015
CONTENTS Page Can You Just Say No?..........….3/4 Real Estate Humor……………………5 Things of Importance……………….6 RET Committee Report………….…7 Classes, Company Events, Birthdays & Anniversaries……..8 Security 1st ………………..…………....9 Mounds Cake………..…..…………….9 Care Committee Report………...10 Awards Winners……..…….....11/12 What buyers should look for before home inspector arrives…..….12/13 Let the Daylight In.……………….…13 Agents……………………………………16 Office Staff……………………….…...17
Come on over to our team. You’ll be glad you did. We have the top agents, friendly atmosphere, wonderful education & technology classes. Don’t be left outside call 722-0001. You’ll be glad you did!.
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Hi everyone, We are now into February and there are lots of classes scheduled for Paragon and other things so make sure you check the calendar on pg. 8. We have our Mardi Gras party coming up this month. Don’t want to miss out on it. And of course the first part of March is National Convention in Las Vegas. There should be lots of new info coming in when everyone gets back. I, once again, need to ask everyone, if you have a recipe that you like and are willing to share please email it to me so we can put it in the newsletter. We all probably get tired of fixing the same old thing and look forward to trying something new. Just send it to me at dksnews@cox.net. Happy Valentine’s Day to everyone! If you have anything that you would like in the paper, let me know. Till next month, Donna Schulze Editor Email: dsknews@cox.net Office Phone: 554-2828 Cell Phone:734-0734 Extension: #104
Graham Wood Senior editor Graham Wood is a senior editor for REALTOR® Magazine. He can be reached at gwood@realtors.org.
Can You Just Say No? Marijuana is becoming legal in more states, which may make it tougher for landlords seeking to enforce their own bans. January 2015 | By Graham Wood As the movement to legalize marijuana blazes through the nation, landlords and building managers may be wondering whether the right to ban the drug from their properties is going up in smoke. The truth around the issue is a bit hazy. State laws legalizing some form of pot use don’t prevent landlords from writing lease agreements prohibiting marijuana on their properties. “If a landlord does not want marijuana cultivated grown, or used on the property, the lease should directly address this and state such prohibition,” says Lesley Walker, associate counsel for the National Association o REALTORS. “For existing lease agreements, a landlord could consider having tenants sign an addendum that specifically addresses the presence and use of marijuana on the property.” But the laws don’t necessarily support such agreements either. When a state law says no person shall be penalized for using marijuana, does evicting a tenant who violates a property owner’s no-pot policy constitute a penalty? The question is still being tested in the legal system, but housing experts say state courts are likely to err on the side of “yes.” So for landlords and property managers, there’s real concern not only about creating a zero-tolerance policy but also about enforcing one. Twenty-three states and the District of Columbia have legalized medical marijuana, and four of those states- Alaska, Colorado, Oregon, and Washington – have also legalized recreation pot. (Voters in D>C> also approved recreational marijuana in November, but the measure was struck down by Congress.) And while no state explicitly requires landlords to accommodate tenants who wish to use the drug at home, many of these states prohibit landlords from discriminating against medical marijuana patients by refusing to rent to them. Still, marijuana laws are in flus. The federal government, which has long held that any form of pot use is illegal effectively ended its ban on medical marijuana in late December after President Barack Obama signed a bill prohibiting federal funds from being spent to prosecute medical marijuana users. This may change the situation in California, for example, where residents with medical conditions have the right to “full and equal accommodations” in housing. Before the recent federal change, such protection didn’t necessarily include medical marijuana, say June Barlow, general counsel for the California Association of REALTORS. But the new law could lead to medical marijuana accommodations in California.
The State’s Prerogative It’s incumbent on practitioners who work as property managers to monitor changing laws, as more than half of the country’s 1.1 million REALTORS live in jurisdictions where marijuana is legal in some form, according to NAR. Here’s a possible scenario: A medical marijuana patient asks her landlord to let her smoke pot in her apartment. The landlord denies her request, but the tenant does it anyway, believing that her state’s law gives her the right. The landlord takes her to court to evict her. Although the state doesn’t explicitly require housing accommodations for pot, the law is in its infancy and a legal precedent has not been set. A judge may decide the legality of medical marijuana in the state means the tenant’s use should not be restricted and she should not be evicted.
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Continued from Pg. 3
“As far as evictions go, enforcement (in states that have legalized marijuana) has gone from criminal to civil, and that’s very difficult,” say Fred Prassas, CPM, GRI, a founding member of property management firm PMC Management Group in LaCrosse, Wisc., and a real estate professor at the University of Wisconsin-Stout. Prassas, a former president of the Institute of Real Estate Management, spoke about the topic at Nar’s property management forum last May. “State laws give landlords the right to prohibit marijuana,” he says, but in states where use is legal, judges may not uphold such prohibitions. So far, Prassas says, cases of this nature are only beginning to show up in lower courts, and no recorded decisions have been made yet. But he has spoken to real estate professionals involved in these cases who believe the tide is turning in tenants’ favor. The federal law change may further weaken landlords’ rules. While marijuana technically remains an illegal drug at the federal level, the government’s pledge not to prosecute medical marijuana users could make it more difficult to landlords to rely on federal law to argue their case. States are less compelled to enforce a law the federal government has been lenient on, says Megan Booth, a senior policy representative for NAR. Strengthening Your Position Until legal standards are in place, there’s only one thing landlords can do to potentially strengthen their position in court: Follow the advice of NAR’s Walker and write more precise lease agreements. If a lease agreement says only that illegal substances, or “criminal activity,” are not allowed on the premises, that won’t include a prohibition on the use of marijuana where it is legal under state law. Also, a “no smoking” policy doesn’t explicitly ban other forms of marijuana use, such as “vaping” – the practice of mixing THC with a propylene glycol- based liquid and vaporizing it – or baking pot into food items (such as brownies). If tenants sign a lease agreement explicitly denying their right to use marijuana in any form on the premises, they have less legal recourse, say Booth. “The more explicitly it is spelled out in your lease, the more protected you are.” What If You’re OK With Pot? Certainly, there are landlords who take a more liberal approach to marijuana use. For them, legal concerns may be less significant, but that doesn’t mean they shouldn’t consider another potential ramification: loss of property value. In Denver, where both medical and recreational marijuana is legal, marijuana use in properties is becoming a stigma, suggests Jack O’Connor, broker-owner of The Denver 100. “I’ve had people ask if living near marijuana will hurt their kids’ health. I don’t have all the research, but you can’t say 100% that it won’t.” O’Connor reasons. Public sentiment is in favor of marijuana legalization – 52 percent of Americans support it, according to a Pew Research Center report last year-but that could change. “People are in favor of it being allowed,” Prassas says, “but that doesn’t mean they want their neighbors smoking it.” Colorado’s real estate contracts and forms are due to be updated by Jan. 1, 2016, and O’Connor expects the new forms will include disclosure requirements around pot-friendly properties. That could require real estate professionals to inform buyers when homes-particularly condos-are in or near buildings where pot is used or allowed. No state currently requires such disclosures. O’connor’s company, though, already makes it standard practice. “We look at it as a potential disclosure of a defect,” O’Connor says. “If a house had a cigarette smoker, that would be a defect because of the odor. It’s the same with marijuana, and there’s no question that marijuana smoke is more potent than cigarette (smoke).” And it’s not just the smoke that landlords need to think about; growing may raise issues, too. In some states, it’s legal to grow up to six pot plants for personal use. But cultivating the plants requires a high volume of humidity, which can cause mold in units and buildings. As state marijuana laws evolve, so must best practices for landlords, property managers, and brokers. For now, you may have to read between the lines to discern the right path forward. The best advice is to pay careful attention to the wording of both your state’s laws and your own lease agreements.
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What’s Your Opinion? Marijuana issue on April 7 Ballot
REAL ESTATE HUMOR
I’m sure by now everyone has heard that on April 7th the voters will decide on the ballot if we will reduce the penalty for first offense of use of marijuana. To be exact it is written as: Shall the following be adopted? An ordinance reducing the penalty for first offense conviction for possession of thirty-two (32) grams or less of cannabis sativa 1, otherwise known as marijuana, and/or drug paraphernalia related there-to, by persons twenty-one (21) years of age or older, to an infraction with a fine not to exceed fifty dollars ($50.00). Source: City documents
How do you feel about this? Let us know if you agree and why? What are your opinions about if marijuana (medical use) or recreational use were to become law in Kansas? What impact do you feel it would have on the housing industry and your job as a REALTOR? We’re doing our own survey and hope you will all respond to us. Send your thoughts and feelings to: dksnews@cox.net .We look forward to hearing from you. We will post your answers in the next newsletter. ‘Til then, Donna Schulze Editor
My bounty is as boundless as the sea, My love as deep; the more I give to thee, The more I have, for both are infinite. William Shakespeare, Romeo and Juliet
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Subject: Updates & Schedule
A couple of reminders of things coming up in the near future are: Paragon – The new training class has begun. It is very much encouraged that you attend this class as there are new features that we don’t currently have. You have the ability to log in now and start using it and setting up your preferences but there is no official support for issues as we do not go live until February 9th. February 6th is the shut down of List it and it will be “Read Only”. You can call WAAR to schedule your class 263-3167. We will not be having a February Company Meeting Birthday Lunch at PF Changs on the 29th at 11:30 am for December and January lunches. You can register on Mainstreet or email Alicia. February 4th from 9:00 am – 5:00 pm RE/MAX is bringing Holly Fogel in to teach an all day class on LEADSTREET. You must RSVP for this class and I strongly encourage everyone to attend as she will be covering all of the enhanced and new features that are available at our fingertips! This is the time to prepare for 2015 to be our best year ever! Happy Selling! Cheryl Huebert
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Little Known Facts about Valentine’s Day • Richard Cadbury produced the first box of chocolates for Valentine’s Day in the late 1800s. • More than 35 million heart-shaped boxes of chocolate will be sold for Valentine’s Day. • Over $1 billion worth of chocolate is purchased for Valentine’s Day in the U.S. • 73 percent of people who buy flowers for Valentine’s Day are men, while only 27 percent are women. • 15 percent of U.S. women send themselves flowers on Valentine’s Day.
Lance Ferguson Kerry Dunn
Dixie Ball
Cliff Schoonover
Amanda Levin
The RE/MAX Enrichment Team RET Minutes
MISSION Statement: The RE/MAX Enrichment Team is dedicated to providing a conduit of communication between the Agents and Management of RE/MAX Realty Professionals, with the goals of improving the overall environment, productivity and the success of the company’s Agents, and, to collectively brand RE/MAX Realty Professionals as the most desirable Real Estate Firm in the industry. The RE/MAX Enrichment Tem will explore and advise Management in enhancing and/or expanding the following areas: continuous education, current technologies, paramount service, superior amenities, Agent interaction, and recruitment of desirable professionals.
The RET Committee wants to remind the agents about the Suggestion Boxes that are located at both the East & West Office. What are your concerns or questions that you might have, please put it in the box or give us a call. We are here to help you get the answers. We want to announce that Lance Ferguson is Chairman of the RET Committee. The RET Committee now consists of Kerry Dunn, Dixie Ball, Cliff Schoonover, and Amanda Levin. If you have any questions please contact someone on the RET committee. We are here to serve you.
Being deeply loved by someone gives you strength, while loving someone deeply gives you courage. Lao Tzu WEBSITE LINKS: RE/MAX Mainstreet: http://www.remax.net The ABOVE Magazine: www.abovemag.remax.com RE/MAX University: http://thedownlad.remax.com/
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UP COMING EDUCATIONAL CLASSES Paragon Training - Call the WAAR 263-3167 to schedule a class Feb. 3rd – Tuesday – 8:00 am to 11:30 am – Transition “Getting Started” 1:00 pm – 4:30 pm Transition “Getting Started” - WAAR Office Feb. 4th – Wednesday – 8:00 am to 11:30 am – Transition “Getting Started” 1:00 pm – 4:30 pm Transition “Getting Started” th Feb. 5 – Thursday -8:00 am to 11:30 am Transition “Getting Started” 1:00 pm – 4:30 pm Transition “Getting Started” Feb. 10th - Friday – 8:00 am to 11:30 am – Transition “Getting Started” Feb. 11th – 9:00 am – Noon – Secrets of Their Success – WAAR Office Feb. 12th – 9:00 am to Noon – Back to School: The Cool Kids Ethics Course- Given by Cheryl Huebert – WAAR Office. - 3 Elective Hours Feb. 13th – 9:00 am to Noon – Lending Roundtable: Stroll the Financial Boardwalk – WAAR Office To make a reservation go to http://ims.Wichita-realtors.com or call 263-3167. There is a $10 charge for a no-show, if you make a reservation and do not cancel within 24 hours of class.
UP COMING COMPANY EVENTS & CLASSES Feb. 2nd - Tuesday – THERE WILL BE NO COMPANY OFFICE BREAKFAST MEETING Feb. 4th – Wednesday – 9:00 AM – 5:00 PM - LeadStreet with Holly Fogel – at the new Security 1st Title, 2127 N. Collective. –RSVP to Cheryl Huebert Feb. 12th – 6:00 PM – WAAR Awards Banquet at Double Tree Inn at the Airport Feb. 17th – Mardi Gras Party at the office. Feb. 26th – Thursday – 11:30 AM – 1:00 PM Agents Birthday Luncheon at PF Changs – 1401 N. Waterfront Pkwy – Please let Alicia know if you will be there! It is important to have a head count.
RE/MAX ANNIVERSARIES & Agents Birthdays RE/MAX ANNIVERSARIES: Nick Holzrichter (2/1) 2 yrs. Congratulations! Happy Birthday to: Donna Schulze (2/8), Lila Brown (2/13). Martha Short (2/26). Hope you have a wonderful day!
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Tips for Around the House •
• MOUNDS CAKE Heart Emotion ***Not Diet**** Chocoholics BEWARE!!!! Highly addictive! You will Need : 1 Devil's Food Cake Mix 2 cups sugar (divided) 24 large marshmallows 1 1/2 cups milk (divided) 14 oz pkg. coconut 1 stick of butter 1 1/2 cups of chocolate chips Mix and bake cake according to package directions. Combine 1 cup of sugar, marshmallows and 1 cup of milk in a med. saucepan...cook over low heat until marshmallows are melted..... Stir in coconut and spread on top of warm cake Mix butter 1 cup sugar and 1/2 cup milk in a small saucepan.. bring to a boil...stir in chocolate chips and spread over coconut mixture. Also Good refrigerated!
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Vinegar (1/3 cup) works just as well as rinsing agents in your dishwasher. Simply add it to the wash with your regular dishwasher detergent. It can help with cloudy glassware. When you get to the bottom of a bag of chips or a box of crackers, there usually are a lot of crumbs. I save ours in a baggie, then add them to breadcrumbs or bread fish or chicken. They add a lot of flavor, and it’s basically free! It’s funny, because packages of flavored breadcrumbs at the grocery store are expensive. To clean hair spray residue off your curling wand or iron, use rubbing alcohol. Make sure the want is cold and not plugged in. Dampen a washcloth with rubbing alcohol, and simply rub off the residue.
Security 1st Title Make sure you call us for your concerns and of course your closings in 2015.
Enjoy~ A friend sent me this and said it is wonderful! I haven’t tried it yet but it does sound awesome. Donna Schulze
Donna Osterman Branch Manager/Escrow Officer Office: 316-554-2872
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Don’t Forget Your Valentine
CARE COMMITTEE REPORT
I’m sure everyone is aware that Feb. 14th is Valentine’s Day. So make sure you don’t forget those you love. A card, or even a hand made card can be a gift that everyone loves to receive. So Happy Valentine’s Day to all of you. May you share it with the one you love.
It was great seeing Michelle Briggs back at our January meeting. She is slowly but surely improving. We have missed her smiling face at the office. Welcome Back, Michelle!
Here are some facts about Greeting Cards: • Approximately 145 million valentines are sent in the U.S. each year. • Women purchase approximately 85 percent of all valentines. • Over 50 percent of all Valentine’s Day cards are purchased in the six days prior to the holiday, making Valentine’s Day a procrastinator’s delight. • Teachers will receive the most Valentine’s Day cards, followed by children, mothers, wives, sweethearts and pets.
We had another surprise when Vicki Dresslaer showed up at Donna Osterman’s surprise birthday party. She looked wonderful – bald head and all. She will be seeing her doctors in the next couple weeks. Keep her in your prayers. We will keep updating you as we get word on her.
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Our sympathies go out to Ken Barr whose Mother passed away on Jan. 8th. Also our thoughts go out to Janet Bates & Don Rubottom who lost their (brother-inlaw), (uncle). Please keep these families in your prayers. If you know of anyone in our offices that are struggling with health or issues that we can help please contact the Care Committee: Kelly Bates, Donna Osterman, or Donna Schulze.
AWARD WINNERS FOR 2014 NUMBER OF SIDES 1. Marsha Allen 2. Janet Bates 3. Cliff Schoonover 4. Nick Holzrichter 5. Michelle Briggs 6. Kerry Dunn 7. Jason Cain 8. Dixie Ball 9. Anita McQueen 10. Beverly Giles
SALES VOLUME 2014 1. Marsha Allen 2. Michelle Briggs 3. Janet Bates 4. Dixie Ball 5. Amanda Levin 6. Jason Cain 7. Beverly Giles 8. Kerry Dunn 9. Don Rubottom 10. Sharon Taylor
Cooperative Spirit Award --- Lance Ferguson Come Back Kid --- Cliff Schoonover Rookie of the Year --- Nick Holzrichter Congratulations to Denise Kemnitz for winning the trip to RE/MAX National Convention in March. Amada Levin & Anita McQueen each won $100.00 as one of the top five in the trip drawing. Congratulations to everyone! 11
What buyers should look for before home inspector arrives By C. Dwight Barnett – Tribune News Service This article was in the Wichita Eagle – January31, 2015 Q: I have been looking at buying a Home, and I plan on having it inspected. What should I look for myself so that I can make a good offer before paying someone to tell me I made a bad choice? A. There are certain issues that appear more often on almost all homes that the average buyer can look for: 1. Grading and drainage: When you first look at the property, check to see if storm water will drain toward or away from the home. It’s easy to see if the yard slopes, but you also need to check the concrete next to the home to make sure it drains as well. Driveways, sidewalks and patios often settle, and the runoff from the concrete drains toward the foundation. Downspout drains should extend at least 6 feet away from the foundation. You do not want water collecting in the basement or crawl space. 2. The inspector will most likely walk on the roof for the inspection. Before the inspection the buyer can ask the owner when the roof was last replaced and if it is a single layer. The average and steep-sloped roof shingle should last a total of 20 to 30 years; a low-sloped roof or flat roof will have an average life expectancy of 15 to 20 years. Shingles in direct sunlight will not last as long as those that are shaded.
3. With the owner’s permission, turn on all the faucets to check the flow water. Make sure none of the sinks or tubs overflow during the rest. 4. Open the outside hose faucet and place your thumb over the hose fitting to try to stop the flow of water. If the flow is easily stopped, then the faucet is cracked inside the home will need to be replaced. 5. Open the cover on the main electric panel to see if the home has breakers or fuses. An older fuse panel may be rated at 60 amps and will need to be upgraded to a minimum of 100 amps 6. Check each light switch and the number of outlets in each room. There should be and outlet every 12 feet. Older homes may only have one or two outlets in a room, which is not enough for modern needs. 7. With the homeowner’s permission, operate the disposal, dishwasher and other kitchen appliances. 8. Look under the kitchen sink to see if the electrical wiring is in a conduit. Romex house wiring needs to be protected when it is exposed. If the wiring for the disposal and dishwasher is a cord and plug to an outlet, conduit is not required. 9. Open all accessible windows to make sure they are easily operated. All Bedroom windows must be easy to open in case of an emergency. Continue on Page 13
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What buyers should look for…………. Continued from Page 12
10. Check the glass over a tub or shower to see if it is closer than 60 inches to the bottom of the tub or shower. Glass that is closer than 60 inches must be tempered glass. Tempered glass will have a “Tempered” mark etched inside the panes or on the glass. Glass blocks do not have to be tempered. Windows that are larger than 9 square feet, are closer than 18 inches to the floor and have a 3-foot walkway on either side of the glass also have to be tempered
11. If the home has a crawl space, put on your dirty and disposable clothes and check for decay, mold, standing water, plumbing leaks and loose ductwork. There are many more things to check, and that is the job of the home inspector, but this should help in deciding whether to make an offer.
Love is like quicksilver in the hand. Leave the fingers open and it stays. Clutch it, and it darts away. Dorothy Parker
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South Central Kansas MLS
Committee Chair Comments…..
Let the Daylight In?
Lance Ferguson
The definition of Daylight windows in basements can be confusing. It’s a Daylight Window when There’s sunlight coming in, right? Not quite. And recently, there have been some complaints about several listings that have listed basements with Daylights, when in fact, they are not. Therefore, this month’s article to help clear up any confusion, remind everyone what a Daylight Window really is, and to let you know of the changes coming with basement windows in the new Paragon MLS. A Daylight Window is a basement window in which a full-grown person can fit through the window to escape, AND have steps or a ladder to get up and out of the basin. Think of it this way, a Daylight Window needs to be large enough for a Firefighter, along with his oxygen tank, to get in and out of the basement in case of a fire. In the new Paragon MLS, this definition will not change; it will remain as “Daylight Window.” In addition, Daylight Windows help define what a basement bedroom really is. In the MLS, you cannot count a bedroom in the basement, Daylight Window unless it meets the local Housing Code definition of a bedroom and one of the requirements for that is a means of egress. Of course, you can list it as a Bonus Room if it doesn’t have an egress window or door. Furthermore, Daylights add more value to a home, as it does cost more to have proper home elevation and additional concrete. Where the confusion comes in is with the small, box or buck windows, especially in older homes. They are usually around 2-3 feet wide and 1 to 2 feet tall; hardly large enough for a small person to get through! Yes, they let daylight in, but that’s not why they are called Daylights! So, while still using our current MLS, these type of windows do not have an option, and you don’t list ANY window type.
Standard Basement Window (Non-Egress)
However, soon after the launch of our new MLS system, you WILL have a new window type to use. With any sized window, in which there is no egress, they will be labeled “STANDARD BASEMENT WINDOWS (Non-Egress).” Hopefully, having the additional window type as one of the selection types will eliminate any confusion as to which windows should be listed. Finally, I want to encourage you to contact our MLS staff when you come across a home that has been incorrectly listed. Your information will remain anonymous, and it will help keep the information in our MLS accurate for the consumers and appraisers!
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AWARDS MEETING
Life has taught us that love does not consist in gazing at each other but in looking outward in the same direction. Antoine de Saint-Exupery
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AGENTS
Cheryl
Beverly
Cliff
Lance
Don
Shawn
Jenn
Dixie
Kelly
Ken
Gloria
Nick
Kerry
Debra
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Amanda
Janet
Michelle
Debbie
Jennifer
Anita
Jason
316-722-0001
Denise
Tammy
Marsha
Karen
Kirk
Lola
Sharon
RE/MAX REALTY PROFESSIONALS STAFF
Liz
Judy
Deborah
Lila
Hannah
Sherri
PLEASE get your contracts into me as soon as possible. We need all signed copies well before closing. Thanks, Lila Brown
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RE/MAX REALTY PROFESSIONALS 10100 W. Maple Wichita, Kansas 67209 316-722-0001
for the opportunity to serve you.