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HomeMy WebLinkAbout2003-312 f � ' 1512290 THIS 'DOCUMENT HAS BEEN RECORDED ( / 1 IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL _ / This instrument was prepared incident to BK : 1687 PG : 2024 , Pagel of 2 / the issuance of a title insurance contract, 02/02/2004 at 01 :00 PM , and is to be returned to : D DOCTAX PD $ 1113.00 JEFFREY K BARTON, CLERK OF Tonya Bellflower COURT Atlantic Coastal Title Corporation 3850 20th Street, Suite 6 Vero Beach , Florida 32960 ACTC File Number: 24064774 Parcel ID Number : 32-39-35-00004-0020-00013 . 0 GENERAL WARRANT' DEED This deed, made as of this 22nd day of January, 2004 , by Arthur Knight, Jr. (also known as Arthur Knight) and Queenie Sneed Knight (also known as Queen Knight), his wife (as Grantor) ; and Indian River County, Florida, a political subdivision of the State of Florida, whose postoffice address is : 1840 25th Street, Vero Beach , Florida 32960 (as Grantee) ; (Wherever used herein, the terms "grantor" and "grantee " shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities, wherever the context so admits or requires.) WITNESSETH : That the grantor, for and in consideration of the sum of $ 10 . 00 in hand paid by grantee , the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: The North 15 feet of Lot 13 and all of Lot 14, in Block 2, BOOKER T. WASHINGTON ADDITION TO THE TOWN OF VERO, according to the Plat thereof, as recorded in Plat Book 2, at Page(s) 34, of the Public Records of St. Lucie County, Florida, said lands now lying and being in Indian River County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining . TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple ; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations , covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same) . ATLANTIC COASTAL TITLE CORPORATION A Full Service , Florida Title Insurance Agency v IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of L fl 6AW CZtX&a,. 1a[A dotal Tonya Bellflower Arthur Knight, Jr. (a/k/a Arthur Knight) 2758 18th Avenue Vero Beach , Florida 32960 �r Malisa Wold Queenie Sneed Knight (a/k/ Queen Knight) 2758 18th Avenue Vero Beach, Florida 32960 State of Florida County of Indian River The foregoing instrument was acknowledged before me the date hereinafter given, by Arthur Knight, Jr. (also known as Arthur Knight) and Queenie Sneed Knight (also known as Queen Knight) ; who was/were either personally known to me ; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 22nd day of January, 2004. Type of identification provided (Check One) : Notary Public [dC river's License [ ] Passport [ ] Government (State or Federal) ID Card [ ] Resident Alien ID Card TO"Y� aeimowe► [ ] Other ' My commission DD06023 OF Expires October 11 , 2oos ATLANTIC COASTAL TITLE CORPORATION A Full Service , Florida Title Insurance Agency Atlantic Coastal Title Corporation 3850 20th Street, Suite 6 , Vero Beach, Florida 32960 (772) 569 -4364 w FAX (772) 569 - 6028 RECEIVED March 3 , 2004 MAR 5 2004 COUNTY ATTORNEY ' S Indian River County Attorney OFFICE 1840 25th Street Vero Beach, Florida 32960 Re : Our File Number - 24064774 Dear William G. Collins : We enclose herewith the original, recorded deed in re the above, together with our policy insuring title to the property you've recently purchased . Both of these documents are important and should be safeguarded by keeping them in a safe place for future need or reference . We sincerely appreciate the opportunity of having been of service to you, and hope that you call on us again . In the meantime, if we can be of any further assistance in the present matter, or if you have any questions , please don't hesitate to call . Sincerely, ,.6Cja &404)A Tonya Bellflower Escrow Officer — Acltr4 Corporate Headquarters - 3850 20`h Street, Suite 6 , Vero Beach, Florida 32960 s (561 ) 569-4364 Port St. Lucie Closing Office - 2400 S . E. Midport Road, Suite 211 , Port St. Lucie, Florida 34952 a (561 ) 337-9553 Vero Beach Closing Office - 660 Beachland Boulevard, Suite 206 , Vero Beach, Florida 32963 z (561 ) 234-5777 Owner 's Policy American Land Title Association Owner' s Policy 10 - 17 - 92 with Florida modifications Policy Number SDC 272454 SUBJECT TO THE EXCLUSIONS FROM COVERAGE , THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS , OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation , herein called the Company, insures , as of Date of Policy shown in Schedule A , against loss or damage , not exceeding the Amount of Insurance stated in Schedule A , sustained or incurred by the insured by reason of : 1 . Title to the estate or interest described in Schedule A being vested other than as stated therein ,- 2 . herein ;2 . Any defect in or lien or encumbrance on the title ; 3 . Unmarketability of the title ; 4 . Lack of a right of access to and from the land . The Company will also pay the costs , attorneys' fees and expenses incurred in defense of the title , as insured , but only to the extent provided in the Conditions and Stipulations . IN WITNESS WHEREOF , the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company . Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company ATLANTIC CO TAL TITLE CORP. 400 Second Avenue South, Minneapolis, Minnesota 55401 Pe Street , S 6 612/ 371 - 1111 rZ BY President Authorized Signatory / ORT Form 331 ALTA Owner's Policy 10- 17-92 G with Florida modifications Attest Secretary EXCLUSIONS FROM COVERAGE by reason of the public records as defined in this policy or any other The following matters are expressly excluded from the coverage records which impart constructive notice of matters affecting the land . of this policy and the Company will not pay loss or damage , costs , Id ) " land " : the land described or referred to in Schedule A, and attorneys' fees or expenses which may arise by reason of : improvements affixed thereto which by law constitute real property. 1 . ( a ) Any law, ordinance or governmental regulation ( including but The term " land " does not include any property beyond the lines of not limited to building and zoning laws , ordinances , or regulations ) the area described or referred to in Schedule A, nor any restricting , regulating , prohibiting or relating to ( i ) the occupancy, use , right, title , interest, estate or easement in abutting streets , roads , or enjoyment of the land ; ( ii ) the character, dimensions or location of avenues , alleys , lanes , ways or waterways , but nothing herein shall any improvement now or hereafter erected on the land ; ( iii ) a modify or limit the extent to which a right of access to and from the separation in ownership or a change in the dimensions or area of the land is insured by this policy. land or any parcel of which the land is or was a part , or ( iv) ( e ) " mortgage" : mortgage , deed of trust, trust deed , or other environmental protection , or the effect of any violation of these laws , security instrument. ordinances or governmental regulations , except to the extent that a If) " public records" : records established under state statutes at notice of the enforcement thereof or a notice of a defect, lien or Date of Policy for the purpose of imparting constructive notice of encumbrance resulting from a violation or alleged violation affecting matters relating to real property to purchasers for value and without the land has been recorded in the public records at Date of Policy. knowledge . With respect to Section 1 ( a )( iv ) of the Exclusions from ( b ) Any governmental police power not excluded by ( a ) above , Coverage , " public records" ' shall also include environmental protection except to the extent that a notice of the exercise thereof or a notice liens filed in the records of the clerk of the United States District of a defect, lien or encumbrance resulting from a violation or alleged Court for the district in which the land is located . violation affecting the land has been recorded in the public records at (g ) Itunmarketability of the title" : an alleged or apparent matter Date of Policy. affecting the title to the land , not excluded or excepted from 2 . Rights of eminent domain unless notice of the exercise thereof coverage , which would entitle a purchaser of the estate or interest has been recorded in the public records at Date of Policy, but not described in Schedule A to be released from the obligation to excluding from coverage any taking which has occurred prior to Date purchase by virtue of a contractual condition requiring the delivery of of Policy which would be binding on the rights of a purchaser for marketable title . value without knowledge . 2. Continuation of Insurance After Conveyance of Title. 3 . Defects , liens , encumbrances , adverse claims or other matters : The coverage of this policy shall continue in force as of Date of ( a ) created , suffered , assumed or agreed to by the insured Policy in favor of an insured only so long as the insured retains an claimant , estate or interest in the land , or holds an indebtedness secured by a ( b ) not known to the Company, not recorded in the public purchase money mortgage given by a purchaser from the insured , or records at Date of Policy, but known to the insured claimant and not only so long as the insured shall have liability by reason of covenants disclosed in writing to the Company by the insured claimant prior to of warranty made by the insured in any transfer or conveyance of the the date the insured claimant became an insured under this policy ; estate or interest . This policy shall not continue in force in favor of ( c ) resulting in no loss or damage to the insured claimant ; any purchaser from the insured of either ( i ) an estate or interest in ( d ) attaching or creating subsequent to Date of Policy ; or the land , or ( ii ) an indebtedness secured by a purchase money ( e ) resulting in loss or damage which would not have been mortgage given to the insured . sustained if the insured claimant had paid value for the estate or 3. Notice of Claim to be Given by Insured Claimant interest insured by this policy. The insured shall notify the Company promptly in writing ( i ) in 4. Any claim , which arises out of the transaction vesting in the case of any litigation as set forth in Section 4( a ) below, ( ii ) in case insured the estate or interest insured by this policy, by reason of the knowledge shall come to an insured hereunder of any claim of title or operation of federal bankruptcy, state insolvency, or similar creditors ' interest which is adverse to the title to the estate or interest, as rights laws , that is based on : insured , and which might cause loss or damage for which the ( a ) the transaction creating the estate or interest insured by this Company may be liable by virtue of this policy, or ( iii ) if title to the policy being deemed a fraudulent conveyance or fraudulent transfer, or estate or interest, as insured , is rejected as unmarketable . If prompt ( b) the transaction creating the estate or interest insured by this notice shall not be given to the Company, then as to the insured all policy being deemed a preferential transfer except where the liability of the Company shall terminate with regard to the matter or preferential transfer results from the failure : matters for which prompt notice is required , provided , however, that ( i ) to timely record the instrument of transfer, or failure to notify the Company shall in no case prejudice the rights of ( ii ) of such recordation to impart notice to a purchaser for any insured under this policy unless the Company shall be prejudiced value or a judgment of lien creditor. by the failure and then only to the extent of the prejudice . CONDITIONS AND STIPULATIONS 4. Defense and Prosecution of Actions, Duty of Insured Claimant to 1 . Definition of Terms. Cooperate. The following terms when used in this policy mean : ( a ) Upon written request by the insured and subject to the ( a ) " insured " : the insured named in Schedule A , and , subject to options contained in Section 6 of these Conditions and Stipulations , any rights or defenses the Company would have had against the the Company, at its own cost and without unreasonable delay, shall named insured , those who succeed to the interest of the named provide for the defense of an insured in litigation in which any third insured by operation of law as distinguished from purchase including , party asserts a claim adverse to the title or interest as insured , but but not limited to , heirs , distributees , devisees , survivors , personal only as to those stated causes of action alleging a defect, lien or representatives , next of kin , or corporate or fiduciary successors . encumbrance or other matter insured against by this policy. The ( b ) " insured claimant an insured claiming loss or damage . Company shall have the right to select counsel of its choice ( subject ( c ) " knowledge" or " known actual knowledge , not to the right of the insured to object for reasonable cause ) to constructive knowledge or notice which may be imputed to an insured represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel . The and memoranda in the custody or control of a third party, Which Compahy will not pay any fees , costs or expenses incurred by the reasonably pertain to the loss or damage . All information designated insured in the defense of those causes of action which allege matters as confidential by the insured claimant provided to the Company not insured against by this policy. pursuant to this Section shall not be disclosed to others unless , in ( b ) The Company shall have the right, at its own cost, to the reasonable judgment of the Company, it is necessary in the institute and prosecute any action or proceeding or to do any other administration of the claim . Failure of the insured claimant to submit act which in its opinion may be necessary or desirable to establish for examination under oath , produce other reasonably requested the title to the estate or interest, as insured , or to prevent or reduce information or grant permission to secure reasonably necessary loss or damage to the insured . The Company may take any information from third parties as required in this paragraph shall appropriate action under the terms of this policy, whether or not it terminate any liability of the Company under this policy as to that shall be liable hereunder, and shall not thereby concede liability or claim . waive any provision of this policy. If the Company shall exercise its 6. Options to Pay or Otherwise Settle Claims; Termination of rights under this paragraph , it shall do so diligently. ability. ( c ) Whenever the Company shall have brought an action or In Licase of a claim under this policy, the Company shall have the interposed a defense as required or permitted by the provisions of following additional options : this policy, the Company may pursue any litigation to final ( a ) To Pay or Tender Payment of the Amount of Insurance determination by a court of competent jurisdiction and expressly To pay or tender payment of the amount of insurance under this reserves the right, in its sole discretion , to appeal from any adverse policy together with any costs , attorneys' fees and expenses incurred judgment or order. by the insured claimant, which were authorized by the Company, up to ( d ► In all cases where this policy permits or requires the the time of payment or tender of payment and which the Company is Company to prosecute or provide for the defense of any action or proceeding , the insured shall secure to the Company the right to so obligated to pay.Upon the exercise by the Company of this option , all liability and prosecute or provide defense in the action or proceeding , and all appeals therein , and permit the Company to use , at its option , the obligations to the insured under this policy, other than to make the name of the insured for this purpose . Whenever requested by the payment required , shall terminate , including any liability or obligation Company, the insured , at the Company 's expense , shall give the to defend , prosecute , or continue any litigation , and the policy shall Company all reasonable aid ( i ) in any action or proceeding , securing be surrendered to the Company for cancellation . evidence , obtaining witnesses , prosecuting or defending the action or (b ) To Pay or Otherwise Settle With Parties Other than the proceeding , or effecting settlement, and ( ii ) in any other lawful act Insured or With the Insured Claimant . which in the opinion of the Company may be necessary or desirable ( i ) to pay or otherwise settle with other parties for or in to establish the title to the estate or interest as insured . If the the name of an insured claimant any claim insured against under this Company is prejudiced by the failure of the insured to furnish the policy, together with any costs , attorneys' fees and expenses incurred required cooperation , the Company 's obligations to the insured under by the insured claimant which were authorized by the Company up to the policy shall terminate , including any liability or obligation to the time of payment and which the Company is obligated to pay ,, of to pay or otherwise settle with the insured claimant defend , prosecute , or continue any litigation , with regard to the the loss or damage provided for under this policy, together with any matter or matters requiring such cooperation . costs , attorneys' fees and expenses incurred by the insured claimant 5. Proof of Loss or Damage. which were authorized by the Company up to the time of payment In addition to and after the notices required under Section 3 of and which the Company is obligated to pay. these Conditions and Stipulations have been provided the Company, a Upon the exercise by the Company of either of the options proof of loss or damage signed and sworn to by the insured claimant provided for in paragraphs ( b )( i ) or ( ii ) , the Company's obligations to shall be furnished to the Company within 90 days after the insured the insured under this policy for the claimed loss or damage , other claimant shall ascertain the facts giving rise to the loss or damage . than the payments required to be made , shall terminate , including any The proof of loss or damage shall describe the defect in , or lien or liability or obligation to defend , prosecute or continue any litigation . encumbrance on the title , or other matter insured against by this policy which constitutes the basis of loss or damage and shall state , � Determination, Extent of Liability. to the extent possible , the basis of calculating the amount of the loss This policy is a contract of indemnity against actual monetary or damage . If the Company is prejudiced by the failure of the insured loss or damage sustained or incurred by the insured claimant who claimant to provide the required proof of loss or damage , the has suffered loss or damage by reason of matters insured against by Company 's obligations to the insured under the policy shall terminate , this policy and only to the extent herein described . including any liability or obligation to defend , prosecute , or continue ( a ) The liability of the Company under this policy shall not any litigation , with regard to the matter or matters requiring such exceed the least of : proof of loss or damage . ( i ) the Amount of Insurance stated in Schedule A , or, In addition , the insured claimant may reasonably be required to ( i i ) the difference between the value of the insured estate submit to examination under oath by any authorized representative of or interest as insured and the value of the insured estate or interest the Company and shall produce for examination , inspection and subject to the defect , lien or encumbrance insured against by this copying , at such reasonable times and places as may be designated policy. by any authorized representative of the Company, all records , books , ( b ) The company will pay only those costs , attorneys' fees and ledgers , checks , correspondence and memoranda , whether bearing a expenses incurred in accordance with Section 4 of the Conditions and date before or after Date of Policy, which reasonably pertain to the Stipulations . loss or damage . Further, if requested by any authorized representative B. Apportionment of the Company, the insured claimant shall grant its permission , in If the land described in Schedule A consists of two or more writing , for any authorized representative of the Company to examine , parcels which are not used as a single site , and a loss is established inspect and copy all records , books , ledgers , checks , correspondence affecting one or more of the parcels but not all , the loss shall be cornputeo and settled on a pro rata basis as if the amount of If a payment on account of a claim does not fully cover the loss insurance under this policy was divided pro rata as to the value on. of the insured claimant, the Company shall be subrogated to these Date of Policy of each separate parcel to the whole, exclusive of any rights and remedies in the proportion which the Company's payment improvements made subsequent to Date of Policy, unless a liability or bears to the whole amount of the loss . value has otherwise been agreed upon as to each parcel by the If loss should result from any act of the insured claimant, as Company and the insured at the time of the issuance of this policy stated above , that act shall not void this policy, but the Company, in and shown by an express statement or by an endorsement attached that event, shall be required to pay only that part of any losses to this policy. insured against by the policy which shall exceed the amount, if any, 9. Limitation of Liability. lost to the Company by reason of the impairment by the insured (a ) If the Company establishes the title, or removes the alleged claimant of the Company's right of subrogation . defect, lien or encumbrance , or cures the lack of a right of access to ( b) The Company ' s Rights Against Non - Insured Obligors or from the land, or cures the claim of unmarketability of title, all as The Company's right of subrogation against non-insured obligors insured, in a reasonably diligent manner by any method, including shall exist and shall include, without limitation, the rights of the insured litigation and the completion of any appeals therefrom, it shall have to indemnities, guaranties, other policies of insurance or bonds, fully performed its obligations with respect to that matter and shall notwithstanding any terms or conditions contained in those instruments not be liable for any loss or damage caused thereby. I which provide for subrogation rights by reason of this policy. (b ) In the event of any litigation, including litigation by the 14. Arbitration. Company or with the Company's consent, the Company shall have no Unless prohibited by applicable law, arbitration pursuant to liability for loss or damage until there has been a final determination the Title Insurance Arbitration Rules of the American Arbitration by a court of competent jurisdiction, and disposition of all appeals Association may be demanded if agreed to by both the Company therefrom, adverse to the title as insured . and the insured. Arbitrable matters may include, but are not ( c) The Company shall not be liable for loss or damage to any limited to, any controversy or claim between the Company and insured for liability voluntarily assumed by the insured in settling any the insured arising out of or relating to this policy, any service of claim or suit without the prior written consent of the Company. the Company in connection with its issuance or the breach of a 10. Reduction of Insurance,' Reduction or Termination of Liability policy provision or other obligation. Arbitration pursuant to this All payments under this policy, except payments made for costs , policy and under the Rules in effect on the date the demand for attorneys' fees and expenses, shall reduce the amount of the arbitration is made or, at the option of the insured, the Rules in insurance pro tanto . effect at Date of Policy shall be binding upon the parties. The 11. Liability Non-cumulative. award may include attorneys fees only if the laws of the state in It is expressly understood that the amount of insurance under which the land is located permit a court to award attorneys fees this policy shall be reduced by any amount the Company may pay to a prevailing party. Judgment upon the award rendered by the under any policy insuring a mortgage to which exception is taken in Arbitrator(s) may be entered in any court having jurisdiction Schedule B or to which the insured has agreed , assumed, or taken thereof. subject, or which is hereafter executed by an insured and which is a The law of the situs of the land shall apply to an charge or lien on the estate or interest described or referred to in arbitration under the Title Insurance Arbitration Rules. Schedule A, and the amount so paid shall be deemed a payment I A copy of the Rules may be obtained from the Company under this policy to the insured owner. upon request. 12. Payment of Loss. 15. Liabililty Limited to this Policy, Policy Entire Contract. (a ) No payment shall be made without producing this policy (a ) This policy together with all endorsements, if any, attached for endorsement of the payment unless the policy has been lost or hereto by the Company is the entire policy and contract between the destroyed , in which case proof of loss or destruction shall be insured and the Company. In interpreting any provision of this policy, furnished to the satisfaction of the Company. this policy shall be construed as a whole . ( b ) When liability and the extent of loss or damage has been ( b ) Any claim of loss or damage, whether or not based on definitely fixed in accordance with these Conditions and Stipulations , negligence, and which arises out of the status of the title to the the loss or damage shall be payable within 30 days thereafter. estate or interest covered hereby or by any action asserting such 13. Subrogation Upon Payment or Settlement claim , shall be restricted to this policy. (a ) The Company's Right of Subrogation ( c) No amendment of or endorsement to this policy can be made Whenever the Company shall have settled and paid a claim except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or under this policy, all right of subrogation shall vest in the Company validating officer or authorized signatory of the Company. unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all 16. Severability. rights and remedies which the insured claimant would have had In the event any provision of the policy is held invalid or against any person or property in respect to the claim had this policy unenforceable under applicable law, the policy shall be deemed not to not been issued . If requested by the Company, the insured claimant include that provision and all other provisions shall remain in full shall transfer to the Company all rights and remedies against any force and effect . person or property necessary in order to perfect this right of 17. Notices, Where Sent. subrogation . The insured claimant shall permit the Company to sue, All notices required to be given the Company and any statement in compromise or settle in the name of the insured claimant and to use writing required to be furnished the Company shall include the number of the name of the insured claimant in any transaction or litigation this policy and shall be addressed to the Company at its home office , involving these rights or remedies . 400 Second Avenue South , Minneapolis , Minnesota 55401 , ( 612 ) 371 - 1111 . REPUBLIC NATIONAL TITLE INSURANCE COMPANY Owners Title,IAsurance Policy Note: This policy consists of insert pages labeled " Schedule A " and " Schedule B " and is of no force or effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages . SCHEDULE A Agent's File No : 24064774 Policy No : SDC-272454 Effective Date : February 2 , 2004 at 1 : 00 PM Amount of Insurance : $ 1599000. 00 l . The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is : Indian River County, Florida, a political subdivision of the State of Florida 2 . In addition to those referred to in Schedule B hereof, the land herein described is encumbered by the following mortgage(s) , and assignments thereof (if any) : None ! 3 . The land referred to in this policy is situated in the County of Indian River, State of Florida, and is described as follows : The North 15 feet of Lot 13 and all of Lot 14, in Block 2 , BOOKER T. WASHINGTON ADDITION TO THE TOWN OF VERO, according to the Plat thereof, as recorded in Plat Book 2 , at Page(s) 34, of the Public Records of St. Lucie County, Florida, said lands now lying and being in Indian River County, Florida. Pol l - Policy Insert Page I 'OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Owner's Titivfi surance Policy Agent's File No : 24064774 Policy No : SDC-272454 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS : 1 . (a) Encroachments , overlaps, boundary line disputes , or other matters which would be disclosed by an accurate survey and inspection of the premises . (b) Easements, or claims of easements, not shown by the public records . (c) If the land described herein abuts a river, lake, stream or other waterway --- the nature and extent of riparian and/or littoral rights, title to any portion of the land which is submerged, title to any portion below the mean high water mark of a tidal waterway, and title to any portion which consists of "filled-in lands " ; and/or any claim that any portion of said lands are sovereign lands of the State of Florida. (d) Taxes or special assessments which are not shown as existing liens by the public records . SPECIAL EXCEPTIONS : 2 . The mortgage referred to in item 2 of Schedule A hereof, if any. 3 . General and special real property taxes and assessments for tax year 2004 and subsequent years . 4 . None ! In accordance with Title 42 United States Code, Section 3604, any covenants, conditions _or restrictions referred of herein, which indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, are hereby deleted. Note 1 : This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land insured hereby under any provision of the Florida Statutes including Section 159 . 17 ; and/or any county, municipal, or special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes . Note 2 : All references herein to recorded instruments, refer to recordations contained within the Public Records of the county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page 4 Poll - Policy Insert Page 3 OLI) REPUBLIC NATIONAL TITLE INSURANCE COMPANY Uwn is~�'BlIk .Tnsurnnce Policy of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument referred to . Pol I - Policy Insert Page 4 OLD REPIIBLICNATIONAL. TITLE INSURANCE COMPANY Owvnei's: 17itle Ilasuranee Policy Countersigned: Z Authorized Signatory ATLANTIC COASTAL TITLE CORPORATION 3850 20th Street, Suite 6, Vero Beach, Florida 32960 Telephone : (772) 569-4364 Pol l - Policy Insert Page 2