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Fidelity National Title Insurance Company Commitment No: CD08-112942 Agent File No: 9. Agreement by and between the Governing Board of the St. Johns River Water Management District and Jack M. Berry, Inc., formerly Berry Groves, Inc., a Florida corporation, recorded June 28, 1993 in Official Records Book 978, Page 2359, Public Records of Indian River County, Florida. ( Note: Does not give a specific legal of the lands encumbered thereby). 10. The nature, extent, or existence of riparian rights, if any, appurtenant to be insured lands lying below the meanlordinary high water mark, are neither guaranteed nor insured, and the riparian rights of others as the same may affect the said property, are hereby expected. 11. Notwithstanding the insuring provisions of the Commitment and/or Policy, legal right of access to and from the insured land is not insured. NOTE: In order to delete the survey exception, a satisfactory survey, in conformity.with the minimum standards for land surveys made for title insurance purposes, certified to the Company and/or its agent, through a current date, must be furnished at or before the closing, which survey discloses the nature and extent of any encroachments, overlaps, boundary line discrepancies, or other matters adversely affecting title to the property to be insured. Additional requirements and/or exceptions will be made for any appropriate matters disclosed. Items 1, 3, 4 and 5 will be deleted from Schedule B, Section 2 of the Commitment, provided: a. a satisfactory current survey is submitted, if applicable; b, an affidavit of the seller/mortgagor affirming no knowledge of any adverse matters or liens which might affect the title to the property, and possession; c. it is determined the real property taxes and special assessments have been paid; d. it is determined there is nothing of record which would give rise to construction liens which would take priority over the insured mortgage. Additional exceptions will be made in the policy for any appropriate matters disclosed. NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. If the proceeds of the loan to be secured by the insured mortgage are deposited with the Company or its authorized agent, Item 1 above shall be deemed deleted as of the time such funds are disbursed to or for the account of the borrower. Neither the company nor its agent shalt, however, be under any duty to disburse any sum except upon a determination that no such adverse intervening matters have appeared of record or occurred. Items 3, 4 and 5 will be deleted provided: a satisfactory current survey is submitted, if applicable; it is determined the current year's taxes or special assessments have been paid; an affidavit of possession, in MTEIT C ALTA COMhOWNT 09W 466