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AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE � .
BETWEEN INDIAN RIVER COUNTY
AND
CORNERSTONE CHRISTIAN CHURCH OF VERO BEACH , INC .
A FLORIDA NON=PROFIT CORPORATION
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the 7th day of June , 2011 , by and between Indian River
County, a political subdivision of the State of Florida ("the County") , and Comerstone
Christian Church of Vero Beach , Inc. , ("Seller") , who agree as follows :
WHEREAS, Cornerstone Christian Church of Vero Beach , owns property located at
5950 12th Street, Vero Beach , Florida , attached to this agreement as Exhibit "A" and
incorporated by reference herein ; and
WHEREAS, the County , is scheduled to improve 12th Street in the future and the
road expansion will impact and affect Christian Cornerstone Church of Vero Beach's
property; and
WHEREAS, in order for the County to proceed with its road expansion plans , the
County needs to purchase property to be used as right-of--way adjacent to 12th Street; and l
WHEREAS , the County has contacted the Cornerstone Christian Church of Vero
Beach , and has offered to purchase a 40' x 305 . 69' containing approximately 12 , 228
square feet of property from Cornerstone Christian Church of Vero Beach , to be used as
right-of-way.
WHEREAS, the County is prepared to take the Property by using its power of
eminent domain ; and
WHEREAS , The Cornerstone Christian Church of Vero Beach and the County wish
to avoid the risk, time and expense of litigation by entering into this agreement for sale and
purchase of the Property;
NOW, THEREFORE , in consideration of the mutual terms , conditions , promises ,
covenants and premises hereinafter, the COUNTY and SELLER agree as follows :
1 . Recitals . The above recitals are affirmed as being true and correct and are
incorporated herein
2 . Agreement to -Purchase and Sell . The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement, that certain 40' x 305 .69' parcel of real property located at 5950
12th Street, Vero Beach , Florida and more specifically described in the legal description
1
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attached as Exhibit "A" , containing approximately 12 , 228 sq . ft . , and all improvements
thereon , together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the " Property") . Cornerstone Christian Church of Vero Beach , Inc . agrees to
dedicate without compensation 30' x 305 . 69' , containing 9 , 170 . 7 square feet, along the
southern boundary of the parcel adjacent to 12th Street specifically described in the legal
description attached as Exhibit ' B " . Cornerstone Christian Church also agrees to execute
a temporary construction easement, provided by the County, running along the north line of
. the proposed right of way taking to be used for the purpose of tying grades into the
construction project.
2 . 1 Purchase Price , Effective Date. The purchase price (" Purchase Price") for the
Property shall be $ 14 , 062 . 20 (Fourteen Thousand Sixty-Two Dollars and 20/00) . The
Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement
shall be the date upon which the County shall have approved the execution of this
Agreement , either by approval by the Indian River County Board of County Commissioners
at a formal meeting of such Board or by the County Administrator pursuant to his delegated
authority.
3 . Title . Seller shall convey marketable title to the Property by warranty deed free of
claims, liens , easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants , restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing ; and (b) none of the foregoing prevents County's intended use and development
of the Property (" Permitted Exceptions") .
3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen ( 15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects . Title
shall be deemed acceptable to County, if (a) County fails to deliver notice of defects within
the time specified , or (b) County delivers notice and Seller cures the defects within thirty
(30) days from receipt of notice from County of title defects ("Curative Period") . Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period , County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement ,
whereupon shall be of no further force and effect, or ( ii) extend the Curative Period for up
to an additional 90 days ; or ( iii) accept title subject to existing defects and proceed to
closing .
4 . Representations of the Seller.
4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the
sole owner of and has good right, title , and authority to convey and transfer the Property
which is the subject matter of this Agreement , free and clear of all liens and
encumbrances .
4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action
which would impair or otherwise affect title to any portion of the Property , and shall
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record no documents in the Public Records which would affect title to the Property ,
without the prior written consent of the County.
4 . 3 There are no existing or pending special assessments affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority, school
district , drainage district or any other special taxing district.
5 . Default.
5 . 1 In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall , at its sole option , be entitled to : ( i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance , damages , or
otherwise against the County; or (ii) waive the County's default and proceed to Closing .
5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall , at its sole option , be entitled to : (i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance , damages or
otherwise against the Seller; or ( ii) obtain specific performance of the terms and conditions
hereof; or (iii ) waive the Seller' s default and proceed to Closing :
6 . Closing .
6 . 1 The closing of the transaction contemplated herein ("Closing " and "Closing Date")
shall take place within 45 days following the approval of the Board of County
Commissioners . The parties agree that the Closing shall be as follows :
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3 .
(b) The Seller shall have removed all of its personal property and equipment from the
Property and Seller shall deliver possession of the Property to County vacant and in the
same or better condition that existed at the Effective Date hereof.
(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails
to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances .
(d ) If the Seller is a non- resident alien or foreign entity , Seller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980 .
(e) The Seller and the County shall each deliver to the other such other documents
or instruments as may reasonably be required to close this transaction .
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(f) County reserves the right to acquire a boundary survey to confirm parcel
boundaries .
662 Taxes . All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the Seller.
7 . Closing Costs : Exaenses . County shall be responsible for preparation of all Closing
documents .
7 . 1 County shall pay the following expenses at Closing :
761 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
701 . 2 Documentary Stamps required to be affixed to the warranty deed .
7 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any .
7 . 2 Seller shall pay the following expenses at or prior to Closing :
7 . 2 . 1 All costs necessary to cure title defect(s) or encumbrances , other than the
Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or
encumbrances upon the Property.
8 . Miscellaneous .
8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida . Venue shall be in Indian River County for all state
court matters , and in the Southern District of Florida for all federal court matters .
8 . 2 Condemnation . In the event that all or any part of the Property shall be acquired or
condemned for any public or quasi-public use or purpose , or if any acquisition or
condemnation proceedings shall be threatened or begun prior to the Closing of this
transaction , County shall have the option to either terminate this Agreement, and the
obligations of all parties hereunder shall cease , or to proceed , subject to all other terms ,
covenants , conditions , representations and warranties of this Agreement, to the Closing of
the transaction contemplated hereby and receive title to the Property; receiving , however,
any and all damages , awards or other compensation arising from or attributable to such
acquisition or condemnation proceedings . County shall have the right to participate in any
such proceedings .
8 . 3 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements , written or
oral , between the Seller and the County relating to the subject matter hereof. Any
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a
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties .
8 .4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns .
8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by
certified mail , return receipt requested , or if sent via `overnight" courier service or facsimile
transmission , as follows :
. If to Seller: Cornerstone Christian Church of Vero Beach , Inc.
1425 6th Street
Vero Beach „ FL 32962
If to County: Indian River County
Attn : Land Acquisition/LGates
1801 27th Street
Vero Beach , FL . 32960
Either party may change the information above by giving written notice of such change as
provided in this paragraph .
8 . 6 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith , shall
survive the Closing Date and the consummation of the transaction provided for herein .
The covenants , agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto , its successors
and assigns , and are not made for the benefit of, nor may they be relied upon , by any other
person whatsoever.
8 . 7 Attorney's Fees and Costs . In any claim or controversy arising out of or relating to
this Agreement, each party shalt bear its own attorney's fees , costs , and expenses .
8 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each
one of which shall constitute an original .
8 . 9 . County Approval Required : This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2 .
8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited
partnership, corporation , trust, or any form of representative capacity whatsoever for
others , Seller shall provide a fully completed , executed , and sworn beneficial interest
disclosure statement in the form attached to this Agreement as an exhibit that complies
5
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with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this
Agreement by the County . However, pursuant to Florida Statutes Section 286 . 23 (3) (a) ,
the beneficial interest in any entity registered with the Federal Securities and Exchange
Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for
sale to the general public, is exempt from disclosure ; and where the Seller is a non-public
entity, that Seller is not required to disclose persons or entities holding less than five (5 %)
percent of the beneficial interest in Seller.
8 . 11 Cornerstone Christian Church currently has a sign erected on their property which
will be located with-in the proposed right of way after Indian River County purchases the
parcel described in Exhibit "A" . The County agrees that the sign will not be expected to be
moved until the road construction project begins .
8 . 12 Seller acknowledges receipt of the " Notice to Owner" and understands
his/herrights granted under Florida Law Chapters 73 and 74 . "
Initial
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date
first set forth above .
INDIAN RIVER COUNTY, FLORIDA CORNERSTONE CHRISTIAN CHURCH
BOARD; OF COUNTY COMMISSIONERS OF VERO BEACH, INC . A FLORIDA NON=
PROFIT CORPORATION
00
I, Chairman Herbert W. Boehme , it or/Elder Date
rov •• b"CC June 7 , 2011
� * = Date Kent Hawkins , Pastor Date
rton , Cl Ci cult Court
Deputy Clerk
Approved as to F r Legal Sufficiency : proved : n
'N
� = County A orney J ph A. Baird , County AdVninistrator
6
SKETCH OF DESCRIPTION EXH ISIT A
PART OF TRACT 8 ,
SECTION 8 , TOWNSHIP 33 SOUTH , RANGE 39 EAST
NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
LEGAL DESCRIPTION OF 40. 00 FOOT ACQUIRED ROAD RIGHT— OF— WAY.•
A PART OF TRACT 8, SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
THE NORTH 40. 00 FEET OF THE SOUTH 70. 00 OF THE FOLLOWING DESCRIBED PARCEL:
THE WEST 19 ACRES OF TRACT 8 IN SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF LANDS OF
INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE
COUNTY, FLORIDA, IN PLAT BOOK 21
PAGE 25, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA.
LESS THE SOUTH 30 FEET,• AND LESS AND EXCEPT THE EAST 1/2 THEREOF.
CONTAINING 12, 228 SQUARE FEET, MORE OR LESS.
GENERAL NOTES:
1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER THIS DRAWING, SKETCH,
PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RESERVATIONS, OWNERSHIP,
ABANDONMENT'S, DEED
RESTRICTIONS, ZONING REGULATIONS OR SETBACK LINES, LAND USE PLAN DESIGNATION, ADJOINING DEEDS OR MURPHY
ACT DEEDS. THIS SURVEY IS
NOT INTENDED TO DELINEATE WETLANDS, LOCAL AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETERMINATION.
3. NO T17LE COMMITMENT OR ABSTRACT WAS FURNISHED TO THIS FIRM OR SURVEYOR. DESCRIPTION AS SHOWN HEREON
WAS PREPARED BY THE
SURVEYOR AND MAPPER.
4. NO EXISTING IMPROVEMENTS OR UNDERGROUND INSTALLATIONS HAVE BEEN LOCATED PER THIS SKETCH.
5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 1990
(NAD 83/90), AND PROJECTED
IN THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901). DIMENSIONS SHOWN HEREON ARE IN GRID
AND DISPLAYED IN U. S. SURVEY
FEET. THE BASIS OF BEARINGS IS THE NORTH LINE OF TRACT 8 BEARING SOUTH 89043546 " EAST. ALL
OTHER BEARINGS ARE RELATIVE. THERETO,
6. THIS IS A SKETCH OF DESCRIPTION ONLY, A BOUNDARY SURVEY WAS NOT PERFORMED TO DELINEATE PERIMETER
LIMITS.
CERTIFIED TO
IND RIVER COUNTY, FLORIDA
CARTER ASSOCIATES INC :
CONSULTING ENGINEERS AND LAND SURVEYORS O�
FRANK S. UC URESE, P. S. M. SIGNATURE DATE
1708 21st STREET 772-562-4191 (PHONE) LICENSE No. 4765
VERO BEACH, FLORIDA 32960 772-562- 7180 (FAX) CARTER ASSOCIATES, INC. LB 205 18638— A
PROD . 06 - 34E SEE PROJ . 04 - 224S SHEET 1 OF 2
SKETCH OF DESCRIPTION
PART OF TRACT 8 , -
SECTION 8 , TOWNSHIP 33 SOUTH , RANGE 39 EAST
NOW LYINGS 89043046" E
AND BEING IN INDIAN RIVER COUNTY, FLORIDA
told S 89'43'46" E 305.69' (BASIS OF BEARINGS) ,. n 844 220
I NORTH mItLINE TRACT 8 LESS THE EAST 305.69 '
1 /2 THEREOF
LEGEND . l
I.R.F. W. C.D. =1 NDIAN RIVER FARMS WATER CONTROL DISTRICT
LR. F. CO. SAD = INDIAN RIVER FARMS COMPANY SUBDIVISION I
R/W = RIGHT—OF- WAYotp
M.P.H. MILES PER HOUR
WEST 19 . 00 ACRES
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3 ' WIDE DILATED IGHT- 0 WAY =
Ko X4kBIB c
1 I Z
N 89'47'13" W 305.69' ORIGINAL R/W — c
0 12TI-:' STREET ( ROSEDALE ROAD ) ( 45 M . P . H )
N LESS THE SOUTH 30to'
1 /4 SECTION LINE AND
— — — — SOUTH UNE TRACT 0 —
- - 60' R/W
30' I • R . F. W. C. D . SUB — LATERAL I. B . F2 , PG. /25
" B - 2 — W" CANAL
CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1709 21st STREET 772-562-4191 (PHONE)
VERO BEACH, FLORIDA 32960 772 -562- 7180 (FAX) 18638— A
PROJ. OB - 34E SEE PROJ. 04 - 224S SHEET 2 OF 2 . —
z
This instrument was prepared incident to 2154920
the issuance of a title insurance contract, THIS DOCUMENT HAS BEEN
and is to be returned to: RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2515 PGA 11 , Pagel of
Jason A. Beal 08/02/2011 at 09: 51 AM, D DOCTAX PD
Atlantic Coastal Land Title Company, LLC $98. 70
3850 20'h Street, Suite 4 JEFFREY K BARTON , CLERK OF
Vero Beach, Florida 32960 COURT
ACTC File Number: 41078578
Parcel ID Number: 33=39=08=00001 =0080=00001 .0
GENERAL WARRANTY DEED
This deed, made as of this 22nd day of July, 2011 , by Cornerstone Christian Church of Vero
Beach, Inc., a Florida non-profit corporation (as Grantor); and Indian River County, apolitical
subdivision of the State of Florida, whose postoffice address is : 180127th St, Vero Beach, FL
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:
A part of Tract 8, Section 8, Township 33 South, Range 39 East, being more
particularly described as follows :
The North 40 feet of the South 70 feet of the following described parcel :
The West 19 acres of Tract 8, Section 8, Township 33 South, Range 39 East,
INDIAN RIVER FARMS COMPANY SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 2 , at Page(s) 25, of the Public Records of St.
Lucie County Florida ; said lands now lying and being in Indian River County,
Florida. LESS AND EXCEPT the South 30 feet and the East 1/2 thereof.
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
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
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).
IN WITNESS WHEREOF, the said grantor has caused these presents to be signed and sealed in its name, as of the day
and year first above written.
Cornerstone Christian Church of Vero Beach,
Inc., a Florida non-profit corporation
[AFFIX CORPORATE SEAL]
B1:4 AIAII
Ralph Santoro, Sr.
its Chairman
Grantor' s Mailing Address :
595012th St
Vero Beach, FL 32966
Signed, sealed and delivered in the presence of
= cGe�.
o
State of f7
County of � Aee'
The foregoing wstrument was acknowledged before me the date hereinafter given, by ; as of the
corporation/partnership named herein as the grantor, on behalf of the corporation/partnership ;
and 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 July,
2011 .
,,, ",,. ,u►soN a eEal.
1� MY COMMISSION 0 DO 823321
EXPIRES: October 11 , 2012
BMW nru Notary PUbk unftfWf tare —�
Notary Public
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
A Full Service, Florida Title Insurance Agency
a
SKETCH OF DESCRIPTION >
PART OF TRACT 8 ,
SECTION 8 , TOWNSHIP 33 SOUTH , RANGE 39 EAST
NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
LEGAL DESCRIPTION OF 40. 00 FOOT ACQUIRED ROAD RIGHT- OF- WAY.*
A PART OF TRACT 8. SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
THE NORTH 40. 00 FEET OF THE SOUTH 70. 00 OF THE FOLLOWING DESCRIBED PARCEL:
THE WEST 19 ACRES OF TRACT 8 IN SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING
TO THE LAST GENERAL PLAT OF LANDS OF
INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST.
LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2,
PAGE 25, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA.
LESS THE SOUTH 30 FEET AND LESS AND EXCEPT THE EAST 1/2 THEREOF
CONTAINING 12, 228 SOUARE FEET, MORE OR LESS.
GENERAL NOTES.
i . UNLESS IT BEARS 'THE SIGNATURE AND 7F ORIGINAL RAISED . SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER THIS DRAWING, SKETCH,
PLAT OR M, AP 1S FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
2, LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RESERVATIONS, OWNERSHIP,
ABANDONMENT'S, DEED
RESTRICTIONS, ZONING REGULAT70NS OR SETBACK LINES, LAND USE PLAN DESIGNATION, ADJOINING DEEDS OR MURPHY
ACT DEEDS. THIS SURVEY IS
NOT INTENDED TO DELINEATE WETLANDS, LOCAL AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETERMINATION,
3. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED TO THIS FIRM OR SURVEYOR. DESCRIPTION AS SHOWN
HEREON WAS PREPARED BY THE
SURVEYOR AND MAPPER. .
4. NO EXISTING IMPROVEMENTS OR UNDERGROUND INSTALLATIONS HAVE BEEN LOCATED PER THIS SKETCH,
5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF
1990 (NAD 83/90), AND PROJECTED
IN THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901). DIMENSIONS SHOWN HEREON ARE IN GRID
AND DISPLAYED IN U. S. SURVEY
FEET, THE BASIS OF BEARINGS IS THE NORTH LINE OF TRACT 8 BEARING SOUTH 89'43' 46 " EAST. ALL
OTHER BEARINGS ARE RELATIVE THERETO,
6, THIS IS A SKETCH OF DESCRIPTION ONLY. A BOUNDARY SURVEY WAS NOT PERFORMED TO DELINEATE PERIMETER
LIMITS.
IF
4,F. FFFI
IF
CERTIFIED TQ: A '
INDpl RIVER COUNTY, FLORIDA
;CARTER ASSOCIATES, INC .
N. : l�
CONSULTING ENGINEERS AND LAND SURVEYORSmi 0
FRANK S. UC URESE, P.S. M. SIGNATURE DATE
1708 21st STREET 772-562-419. 1 (PHONE) LICENSE No, 4765
VERO BEACH, FLORIDA 32960 772-562- 7780 (FAX) CARTER ASSOCIATES, INC. LB 205 18638-
A
PROJ. #06 - 34E ( SEE PROJ. #04- 224S) SHEET 1 OF 2
SKETCH OF DESCRIPTION
PART OF TRACT 8 ,
SECTION 8 , TOWNSHIP 33 SOUTH , RANGE 39 EAST
NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA fI
S 89'x3'46'` I
S 89.43046" E 305.69' (BASIS OF BEARINGS) /� 944.22' ^IU bob,
j :�- NORni UNE rRnc s LESS THE EAST I 305.69
v 1 /2 THEREOF ��—
LEGEND :
I.R.FW. C.D. =1 NDIAN RIVER FARMS WATER CONTROL DISTRICT I'
1,R.F. 00. S/D = INDIAN RIVER FARMS COMPANY SU9DIVISIO4v
R/VI = RIGHT-OF- WAY }
M.P.H. M14fES PER HOUR I I
WEST ITR C ACRES
TR
c OF ACT 8
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CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET 772-562-4191 (PHONE)
VERO BEACH, FLORIDA 32,960 772-S62- 7180 (FAX) 18638— A
SHEET 2 OF 2 ififfem
PROJ. ##06- 34E (SEE PROJ. �#04 - 2245)
t
OWNER ' S POLICY OF TITLE INSURANCE
(with Florida Modifications )
* * Policy Number 0XFL w08040842 File Number: 41078578
* * * Issued by Old Republic National Title Insurance Company
* Any notice of claim and any other notice or statement in writing required to be given to the
* * Company under this Policy must be given to the Company at the address shown in Section 18
* of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS , OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the " Company' ) insures ,
as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1 . Title being vested other than as stated in Schedule A.
2 . Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
( a ) A defect in the Title caused by
( i ) forgery, fraud , undue influence, duress, incompetency, incapacity, or impersonation;
( ii ) failure of any person or Entity to have authorized a transfer or conveyance;
( iii ) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized , or delivered;
( iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified , expired , or otherwise invalid power of attorney;
(vi ) a document not properly filed, recorded , or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii ) a defective judicial or administrative proceeding .
( b ) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable , but unpaid: .
( c) Any encroachment, encumbrance , violation, variation , or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land . The term "encroachment" includes encroachments of existing improvements located on the Land
onto adjoining land , and encroachments onto the Land of existing improvements located on adjoining land .
3 . Unmarketable Title .
4 . No right of access to and from the Land .
5. The violation or enforcement of any law, ordinance , permit, or governmental regulation ( including those relating to building and zoning
) restricting,
regulating , prohibiting , or relating to
(a ) the occupancy, use, or enjoyment of the Land;
( b ) the character, dimensions , or location of any improvement erected on the Land;
(c ) the subdivision of land; or
( d ) environmental protection
if a notice , describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,
but only to
the extent of the violation or enforcement referred to in that notice.
In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy
shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company.
Policy Issuer:
Countersigned: ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20TH STREET, STE 4 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
VERO BEACH , FL 32960 A Stock Company
PHONE : 772-569-4364
400 Second Avenue South, Minneapolis, Minnesota 55401
f/ (612) 371 - 1111
\ C
gy 0000
President
Authorized Officer or Licensed Agent
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17.06 (with Florida Modifications) Attest Secretary
i
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement
action, describing any part of the Land, is recorded in the Public Records , but only to the extent of the enforcement referred to
in that notice.
7 . The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land , is recorded in the
Public Records .
8 . Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge .
9 . Title being vested other than as stated in Schedule A or being defective
(a ) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that
prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
( b ) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors ' rights laws by reason of the failure of its recording in the Public Records
( i ) to be timely, or
( ii ) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10 . Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created
or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs , attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the
extent provided in the Conditions .
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of ( b ) not Known to the Company, not recorded in the Public
this policy, and the Company will not pay loss or damage, costs, Records at Date of Policy, but Known to the Insured
Claimant
attorneys ' fees , or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
1 . ( a ) Any law, ordinance, permit, or governmental regulation Insured under this policy;
( including those relating to building and zoning ) restricting , ( c) resulting in no loss or damage to the Insured Claimant;
regulating, prohibiting, or relating to (d ) attaching or created subsequent to Date of Policy; or
(e ) resulting in loss or damage that would not have been
( i ) the occupancy, use, or enjoyment of the Land; sustained if the Insured Claimant had paid value for the Title.
( ii ) the character, dimensions, or location of any
improvement erected on the Land; 4. Any claim , by reason of the operation of federal bankruptcy, state
( iii ) the subdivision of land; or insolvency, or similar creditors' rights laws, that the transaction
( iv) environmental protection; vesting the Title as shown in Schedule A, is
or the effect of any violation of these laws , ( a ) a fraudulent conveyance or fraudulent transfer; or
ordinances, or governmental regulations . This ( b) a preferential transfer for any reason not stated in Covered
Exclusion 1 (a ) does not modify or limit the Risk 9 of this policy.
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 ( b) does 5. Any lien on the Title for real estate taxes or assessments
imposed
not modify or limit the coverage provided under Covered Risk 6. by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
2 . Rights of eminent domain . This Exclusion does not modify or limit of transfer in the Public Records that vests Title as shown
in
the coverage provided under Covered Risk 7 or 8 . Schedule A.
3 . Defects , liens , encumbrances, adverse claims, or other matters
(a ) created, suffered, assumed, or agreed to by the Insured
Claimant;
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17.06 (with Florida Modifications)
Page 2
CONDITIONS
1 . DEFINITION OF TERMS purchase, lease , or lend if there is a contractual condition requiring
The following terms when used in this policy mean : the delivery of marketable title.
(a ) "Amount of Insurance" : The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased 2 . CONTINUATION OF INSURANCE
by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. The coverage of this policy shall continue in force as
of Date of
( b ) " Date of Policy" : The date designated as " Date of Policy" in Policy in favor of an Insured, but only so long
as the Insured retains
Schedule A. an estate or interest in the Land, or holds an obligation secured by
Ic ► " Entity" : A corporation , partnership, trust, limited liability a purchase money Mortgage given by a purchaser from the
Insured ,
company, or other similar legal entity. or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy
( d ) " Insured " : The Insured named in Schedule A. shall not continue in force in favor of any purchaser from
the
( i ) The term " Insured " also includes Insured of either ( i ) an estate or interest in the Land , or ( ii ) an
(A) successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given
to the
distinguished from purchase, including heirs, devisees; survivors, Insured .
personal representatives, or next of kin;
( B) successors to an Insured by dissolution, merger, consolidation, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
distribution , or reorganization; The Insured shall notify the Company promptly in writing ( i ) in case
( C) successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5( a ) of these
Conditions, ( ii )
Entity; in case Knowledge shall come to an Insured hereunder of any claim
( D ) a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title , as insured,
and that
payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable
( 1 ) if the stock, shares, memberships , or other equity by virtue of this policy, or ( iii ) if the Title, as insured, is
rejected as
interests of the grantee are wholly-owned by the Unmarketable Title. If the Company is prejudiced by the failure of
named Insured, the Insured Claimant to provide prompt notice, the Company's
(2 ) if the grantee wholly owns the named Insured , liability to the Insured Claimant under the policy shall be reduced
(3) if the grantee . is wholly-owned by an affiliated
to the extent of the prejudice .
Entity of the named Insured, provided the affiliated 4. PROOF OF LOSS
Entity and the named Insured are both wholly-owned In the event the Company is unable to determine the amount of
by the same person or Entity, or loss or damage, the Company may, at its option, require as a condition
(4) if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof
of loss.
created by a written instrument established by the The proof of loss must describe the defect, lien , encumbrance , or
Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the
purposes . basis of loss or damage and shall state, to the extent possible , the
( ii ) With regard to (A), ( a), ( C), and ( D) reserving , however, all rights basis of calculating the amount of the loss
or damage .
and defenses as to any successor that the Company would have had
against any predecessor Insured . 5. DEFENSE AND PROSECUTION OF ACTIONS
(a ) Upon written request by the Insured , and subject to the options
( e ) " Insured Claimant" : or Insured claiming loss or damage .
( contained in Section 7 of these Conditions, the Company, at its
f) " Knowledge " or "Known " : Actual knowledge, not constructive
knowledge or notice that maybe imputed to an Insured by reason of own cost and without unreasonable delay, shall provide for the
the Public Records or any other records that impart constructive defense of an Insured in litigation in which any third party asserts
notice Public
matters affecting any
the Title . a claim covered by this policy adverse to the Insured. This obligation
is limited to only those stated causes of action alleging matters
( g ) " Land" : The land described in Schedule A, and affixed improvements insured against by this policy. The Company shall have
the right to
that by law constitute real property. The term " Land " does not select counsel of its choice ( subject to the right of the
Insured to
include any property beyond the lines of the area described in object for reasonable cause ) to represent the Insured as to those
Schedule A, nor any right, title, interest, estate, or easement in stated causes of action . It shall not be liable for and will
not pay
abutting streets , roads, avenues, alleys, lanes , ways, or waterways, the fees of any other counsel . The Company will not pay
any fees,
but this does not modify or limit the extent that a right of access to costs, or expenses incurred by the Insured in the defense
of those
and from the Land is insured by this policy. causes of action that allege matters not insured against by this policy.
( h ) " Mortgage " : Mortgage, deed of trust, trust deed , or other security ( b) The Company shall have the right, in addition to
the options
instrument, including one evidenced by electronic means authorized contained in Section 7 of these Conditions, at its own cost,
to
bylaw , institute and prosecute any action or proceeding or to do any
( i ) " Public Records " : Records established under state statutes at other act that in its opinion may be necessary or desirable
to
establish the Title , as insured , or to prevent or reduce loss or
Date of Policy for the purpose of imparting constructive notice of
damage to the Insured. The Company may take any appropriate
matters relating to real property to purchasers for value and without
action under the terms of this policy, whether or not it shall be
Knowledge . With respect to Covered Risk 5(d), " Public Records " liable to the Insured. The exercise of these rights shall
not be an
shall also include environmental protection liens filed in the records admission of liability or waiver of any provision of this policy.
of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection,
it must
the Land is located . I do so diligently.
(j ) "Title " : The estate or interest described in Schedule A. (c ) Whenever the Company brings an action or asserts a
defense
( k ) " Unmarketable Title " : Title affected by an alleged or apparent as required or permitted by this policy, the Company may pursue
matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court of competent
Title or lender on the Title to be released from the obligation to jurisdiction , and it expressly reserves the right, in
its sole
ORT Form 4309 FL discretion, to appeal any adverse judgment or order .
ALTA Owners Policy of Title Insurance 6.17-06 (with Florida Modifications) Page 3
CONDITIONS (con't)
6 . DUTY OF INSURED CLAIMANT TO COOPERATE policy. In addition, the Company will pay any costs, attorneys' fees,
(a ) In all cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that were authorized
to prosecute or provide for the defense of any action or proceeding by the Company up to the time of payment and that the
Company is
and any appeals, the Insured shall secure to the Company the right obligated to pay; or
to so prosecute or provide defense in the action or proceeding ; ( ii ) to pay or otherwise settle with the Insured Claimant
the loss or
including the right to use , at its option , the name of the Insured for damage provided for under this policy, together with
any costs ,
this purpose . Whenever requested by the Company, the Insured , attorneys ' fees, and expenses incurred by the Insured Claimant
that
at the Company's expense , shall give the Company all reasonable were authorized by the Company up to the time. of payment and that
aid ( i ) in securing evidence, obtaining witnesses, prosecuting or the Company is obligated to pay.
defending the action or proceeding, or effecting settlement, and
( ii ) in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either of the options
provided
be necessary or desirable to establish the Title or any other matter for in subsections ( b)( i ) or ( ii ), the Company' s obligations
to the
as insured . If the Company is prejudiced by the failure of the Insured under this policy for the claimed loss or damage,
other than
Insured to furnish the required cooperation, the Company's obligations the payments required to be made, shall terminate , including
any
to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any
liability or obligation to defend, prosecute, or continue any litigation, litigation .
with regard to the matter or matters requiring such cooperation .
( b ) The Company may reasonably require the Insured Claimant to g, DETERMINATION AND EXTENT OF LIABILITY
submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary
loss or
of the Company and to produce for examination , inspection , and damage sustained or incurred by the Insured Claimant who has suffered
copying , at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy.
by the authorized representative of the Company, all records, in (a ) The extent of liability of the Company for loss or damage
under
whatever medium maintained, including books, ledgers, checks , this policy shall not exceed the lesser of
memoranda , correspondence, reports, e-mails, disks, tapes, and ( i ) the Amount of Insurance; or
videos whether bearing a date before or after Date of Policy, that ( ii ) the difference between the value of the Title
as insured and the
reasonably pertain to the loss or damage. Further, if requested by value of the Title subject to the risk insured against
by this policy.
any authorized representative of the Company, the Insured Claimant (b) If the Company pursues its rights under Section 5 of these
shall grant its permission, in writing, for any authorized representative Conditions and is unsuccessful in establishing the Title, as
insured ,
of the Company to examine, inspect, and copy all of these records ( i ) the Amount of Insurance shall be increased by 10% ,
and
in the custody or control of a third party that reasonably pertain to ( ii ) the Insured Claimant shall have the right to have
the loss or
the loss or damage. All information designated as confidential by damage determined either as of the date the claim was made
by
the Insured Claimant provided to the Company pursuant to this F the Insured Claimant or as of the date it is settled and
paid .
Section shall not be disclosed to others unless, in the reasonable (c) In addition to the extent of liability under (a) and
( b), the Company
judgment of the Company, it is necessary in the administration of will also pay those costs, attorneys' fees, and expenses incurred
in
the claim . Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions.
under oath , produce any reasonably requested information , or
grant permission to secure reasonably necessary information from g. LIMITATION OF LIABILITY
third parties as required in this subsection , unless prohibited by (a) If the Company establishes the Title, or removes the alleged
law or governmental regulation , shall terminate any liability of the defect, lien , or encumbrance , or cures the lack of a
right of access
Company under this policy as to that claim . to or from the Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any method , including
7 . OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; litigation and the completion of any appeals, it shall have fully
TERMINATION OF LIABILITY performed its obligations with respect to that matter and shall not
In case of a claim under this policy, the Company shall have the be liable for any loss or damage caused to the Insured.
following additional options : ( b) In the event of any litigation, including litigation by the Company
la ) To Pay or Tender Payment of the Amount of Insurance . or with the Company' s consent, the Company shall have no liability
To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination
by a
policy together with any costs, attorneys' fees, and expenses court of competent jurisdiction, and disposition of all appeals ,
incurred by the Insured Claimant that were authorized by the adverse to the Title , as insured .
Company up to the time of payment or tender of payment and that (c) The Company shall not be liable for loss or damage to the
the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling
Upon the exercise by the Company of this option, all liability and any claim or suit without the prior written consent of the
Company.
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate, 10 . REDUCTION OF INSURANCE, REDUCTION OR TERMINATION
including any liability or obligation to defend, prosecute, or Contin - OF LIABILITY
ue any litigation . All payments under this policy, except payments made for costs,
( b ) To Pay or Otherwise Settle With Parties Other Than the Insured attorneys ' fees, and expenses , shall reduce the Amount of
Insurance
or With the Insured Claimant. by the amount of the payment.
( i ) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17-06 (with Florida Modifications) Page 4
CONDITIONS (con't)
11 . LIABILITY NONCUMULATIVE 15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
The Amount of Insurance shall be reduced by any amount the Company CONTRACT
pays under any policy insuring a Mortgage to which exception is taken (a ) This policy together with all endorsements, if any, attached
to it
in Schedule B or to which the Insured has agreed , assumed , or taken by the Company is the entire policy and contract between
the
subject, or which is executed by an Insured after Date of Policy and Insured and the Company. In interpreting any provision
of this
which is a charge or lien on the Title, and the amount so paid shall be policy, this policy shall be construed as a whole
.
deemed a payment to the Insured under this policy. ( b) Any claim of loss or damage that arises out of the status of
the
Title or by any action asserting such claim whether or not based on
12. PAYMENT OF LOSS negligence shall be restricted to this policy.
When liability and the extent of loss or damage have been definitely ( c) Any amendment of or endorsement to this policy must
be in
fixed in accordance with these Conditions, the payment shall be made writing and authenticated by an authorized person , or expressly
within 30 days . incorporated by Schedule A of this policy.
13 . RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT ( d ) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions .
( a ) Whenever the Company shall have settled and paid a claim Except as the endorsement expressly states , it does not ( i )
modify
under this policy, it shall be subrogated and entitled to the rights of any of the terms and provisions of the policy, ( ii )
modify any prior
the Insured Claimant in the Title and all other rights and remedies endorsement, ( iii ) extend the Date of Policy, or ( iv)
increase the
in respect to the claim that the Insured Claimant has against any Amount of Insurance.
person or property, to the extent of the amount of any loss, costs ,
attorneys ' fees, and expenses paid by the Company. If requested 16. SEVERABILITY
by the Company, the Insured Claimant shall execute documents to In the event any provision of this policy, in whole or in part,
is held
evidence the transfer to the Company of these rights and remedies . invalid or unenforceable under applicable law, the policy shall
be
The Insured Claimants hall permit the Company to sue, compromise, deemed not to include that provision or such part held to be invalid,
but
or settle in the name of the Insured Claimant and to use the name all other provisions shall remain in full force and effect.
of the Insured Claimant in any transaction or litigation involving
these rights and remedies. 17 . CHOICE OF LAW; FORUM
If a payment on account of a claim does not fully cover the loss of (a ) Choice of Law: The Insured acknowledges the Company
has
the Insured Claimant, the Company shall defer the exercise of its underwritten the risks covered by this policy and determined the
right to recover until after the Insured Claimant shall have recovered premium charged therefor in reliance upon the law affecting interests
its loss. in real property and applicable to the interpretation, rights, remedies,
( b ) The Company's right of subrogation includes the rights of the or enforcement of policies of title insurance of the jurisdiction
Insured to indemnities , guaranties , other policies of insurance , or where the Land is located.
bonds , notwithstanding any terms or conditions contained in those Therefore, the court or an arbitrator shall apply the law of the
instruments that address subrogation rights . jurisdiction where the Landis located to determine the validity of
claims against the Title that are adverse to the Insured and to
14. ARBITRATION interpret and enforce the terms of this policy. In neither case shall
Unless prohibited by applicable law, arbitration pursuant tothe Title the court or arbitrator apply its conflicts of law principles
to deter
Insurance Arbitration Rules of the American Arbitration Association mine the applicable law.
may be demanded if agreed to by both the Company and the Insured at ( b ) Choice of Forum: Any litigation or other proceeding
brought by
the time of a controversy or claim . Arbitrable matters may include, but the Insured against the Company must be filed only in .a
state or
are not limited to , any controversy or claim between the Company and federal court within the United States of America or its territories
the Insured arising out of or relating to this policy, and service of the having appropriate jurisdiction .
Company in connection with its issuance or the breach of a policy
provision or other obligation . Arbitration pursuant to this policy and 18 . NOTICES, WHERE SENT
under the Rules in effect on the date the demand for arbitration is Any notice of claim and any other notice or statement
in writing
made or, at the option of the Insured, the Rules in effect at Date of required to be given to the Company under this policy
must be given to
Policy shall be binding upon the parties. The award may include the Company at 400 Second Avenue South , Minneapolis ,
attorneys' fees only if the laws of the state in which the Land is Minnesota 55401 -2499, Phone : 612-371 - 1111 .
located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules .
A copy of the Rules may be obtained from the Company upon request:
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17.06 (with Florida Modifications)
Page 5
}
v 41
OLD REPUBLIC 'NATIONAL TITLE INSURANCE COMPANY.
li .
r.
Lr F
Owner' s Title Insurance 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 . 41078578
Policy No . OXFL-08040842
Effective Date : August 2, 2011 at 9 : 51 AM
Amount of
Insurance : $ 149062 .20
Address : 5950 12'h St. , Vero Beach, FL 32966
1 . The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is :
Indian River County, 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 :
A part of Tract 8, Section 8, Township 33 South, Range 39 East, being more
particularly described as follows :
The North 40 feet of the South 70 feet of the following described parcel :
The West 19 acres of Tract 8, Section 8, Township 33 South, Range 39 East,
INDIAN RIVER FARMS COMPANY SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 2, at Page(s) 25, of the Public Records of St.
Pol l - Policy Insert Page 1
OLD: REPUBLIC NATIONAL TITLE INSURANCE COMPANY
f 4r
X.
' Owner' s Title Insurance Policy . . 11
Lucie County Florida ; said lands now lying and being in Indian River County,
Florida. LESS AND EXCEPT the South 30 feet and the East 1 /2 thereof.
Coun e
400?
Authorized Signatory
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20' Street, Suite 4, Vero Beach, Florida 32960
Telephone : 772-5694364
I
Pol l - Policy Insert Page 2
NATIONAL TITLE INSURANCE COMPANY
OLD REPUBLIC 4
O
,
wner, s Title Insurance Policy ' '
Agent's File No : 41078578
Policy No : OXFL-08040842
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) Any encroachment, encumbrance, violation, variation, or adverse circumstances affecting the Title .
that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land
of the existing improvements located on adjoining land.
(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 M-W 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 2011 and subsequent years.
4 . Ditches, canals and road rights of way (if any), as reserved or described on the plat of
INDIAN RIVER FARMS COMPANY, as recorded in Plat Book 2, at Page 25, of the Public
Records of St. Lucie County, Florida.
5 . Easement(s) in favor of Florida Power and Light Company, as reserved and according to
instrument recorded in O . R. Book 424, at Page 687.
6 . Easement(s) in favor of Florida Power and Light Company, as reserved and according to
instrument recorded in O. R. Book 2454, at Page 1771 .
Pol I - Policy Insert Page 3
-
LL
OLD - REPUBLIC NATIONAL TITLE INSURANCE `COMPANY
- .
Owner's Title Insurance Policy
In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to
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
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
I - _
A. Settlement Statement U . Department of Housing
Prepare by; and RJtteafi Development
Atlalnitc Coastal Land Title Company, LLC mw-3)
201h Sired, Suife 6, Fara 8o4437. Fitlrida 3,2960
OMB Now 2602!0265
II. Type of Loan
L 2. ca fmHA S. a Conv, Unins. 0 F900,W. W r Loen �tYxnY.r�r 0, Wtvrq* 'AwafzoColot4N
6. No Cwv. Im. 411878578
C. Note: rMs WM is furrashed 14 give yov a statement of ackW seWoment casts. Amounts paint (a and by Reit
sotttoartent c'agartt are strawY1. 1'tows #wtkdd 7p.d.C )" *40e ltd 401# * 170(4 dZISAV0110Y Ate st~ hard' fat injol Jad`dnal
:.oa and ate not kxWed N7 the toteds.
o ,.wE rnn.xc .imx,u auw.ka, Indian River County, a political subdivision of the State of Ft#tridh
1801 2714 St
Vero Beack FL 229611
Corr0Crsione Chrfstlan Church of Vero aeocil, inc., 3 Ftarfda non-profit corporation
6050 12th St
Iters mach, FL 366
r wN x». wez,wr ,trecra Nona Caste
n rumP�ana ax w. "u$SU 121(1 $1, hero laeocht FL 32-M
Y� Atlantic Coastal Land Title Company„ LIC
31339 201h Street, Suits 6, Vero fiesch, FtoWe 32960 Ju 3S 2611
U : SUMMARY 6L
917=151M. 1 In
101 CoMrad Saga Price _9999. � KNO62 4011 Conifeet Safes Me 14:,662.21(
99. 99 . - - -
162. Personal Prtrty, . ._ 4th" Personal Pr�er�� �.. ,.
`163 « tfiecrtent r e totsoffew r $ 769,70 4039
.F 1119 4e, jw. 9111
10+11 484.
1 t _ 4054
Af7d31STMEN &FORMft+ SPAJOSYSELL£ tiN 0VANM ENTSFOR1704PRfCt LLERitta E
_ ..
I f37, OGwty Too$ Ctoslog Dale tp � .. 8.00 .1407 County Taxes 0144 p, Data to $ 4t•6U
168 Assessments to 406 Asso molls to
�, .
too _
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110: 518:.,.
9999 ,
1ft , 41 F .
112: _ 4121
12if, GROSS Calf FM tAVIO' ER* 8 14,831o90 4284 GROSS. OUE TO SELLERt s 14Y062,20
20t , Deposit or earnesl n4onoy S67 Exc ndeporll (see insitudions)
2Q12' € 6ncipof aenzi rot now goin $ � � ii 4f(8 5 W, SQtit 0Owl clut tls to sailor� � 3 18,50
2034 Exising loons i# vol S.Aject io � 6403. EX110Na !*SM IAV4n Gubliorl to �
2 :, 9Parr( of first rnago loan
1641 5105. Payoff of secexxt nxxlgage 'loan
20?1 507.
208, - SUS,
At3,f1,7'SIMEfslTu 6 ITE# UNPAID BY SEtsi: Ett° JUJUS' TMENT5 FOR ITEMS.UNPAID Sit SCi.�tLEW
mow. , . �
221 C 12 "y Tax s to Er�G51 f? o 6�D. .: S13$12� hSstia 511 Cewly iarr ldl CIGs�ng �patar 6 040
it .. �
smehis to
214
- 270 SI
_.
25
16. 16
2f ix 518
1119. '. _ .,
~
S18
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219. 55ff.
226. TOTAL PA10 BYti*ORS20* 10 TAL 0EDUCTIONS IN
8ORROWERt S 806 APAgt1NT dRE TO SELLER: 3 18 SaD
1 � s r • i i 4
30 t . Gross AN due IMM b0rMVr ( $ 74,631 .94 60 t . Circe arnt duo to s is 14,062_..20
.
3025 Loss x4nvfLw bal140, ^r t $ 8,04 602, tees_r�luctions in 4" dUe Soler $ 1850
303m CASH FROM BOR1i0WER: $ 14j$31 .9D 60.3. CASH TO SELLEt4; $ 14,443.78
i1UC) t { 3863 RESPA, KS 4385..2
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AT
.
L ETT1.irP49ENT C#ARGES' ,
700, TOTAL SALEAS15ROKEWS COMM15610riv S, uA*r;o ON PRICE OF PAi11 1 f ROM PAID FROM
40ts2.2Q, 9q m $: Buyers SELLER S
+ + + WAIWgiNg ° r ' • '` FUNDS AT FUNDSAT
70L tto SETTL15M W SETTLEMENT
742. 11 A
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Mt Comrnisslon
peed at salttamont
ars • � • + as
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904 di
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ri + + + `
1001 , HazirdirKwAnw, months $ Diormanih
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dealingIle . V. _
TiVe
Coostai Lend Title Company, 040
I I0dv TWO insuranco b!neazrta 11
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It 1Ill, Notary teak to
11 A 07AttornoyVIA's to to
I 10BIP citta insuronce to Allantic Coastal Land Title Company, LLC A $1004100100000 ; S 0JD0
1145 Lonft's cxiaaragG S
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t111 Florxfa`Compraho Endo
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11:12 ALTA Envii aben#al Protecl€on Lion Endommaro form 917A me . .. " . A A A All
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it 142 VIA A,
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1201„ R rdin� toes: RIleed $4471} �4A 7U . _.
1203o Staiotoxt&farm 6qWOC $ 0100
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12tt5 Partial Release p1 FA0t1���! _ $ w. 16,50
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3 . ADDITIONAL SETTLEMENT CHA
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131k2 Pelsgpectwn LKa
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1303, Exprosss dolivrsry tees to Allantic Coastal Land Title Company,, LLC
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1312:
1400. TOTAL SETTLEb1.ENT CHARGES tcrrtrran Awa toa. smi *ws.. And Eno swi ss+eurm K) $ 769.470 S$ 50
iAll
f have carefully(e0dwed the HUD i Settlement Statement and to the #esti of my.knavtedge and bald, It is a true and accurate
statement of . all resents and disWrsemanis made on my account or by me In this Imnsaction, t further certify that J tiawts
roc&eri a copy of Huclwl Settlement StafemenL
t3aryerst
indtan 1 r Cctrniyeoly s111slo0otha Stale ,af Florida
t1y
Whom K , Defirnal
in Rapufy Counly Attorney
Sollars:
Cornerstone c1tristian Irttt Itkt Vert) Yteadi, lnc err C lar irCtt trap• rrc►( ft stir p[rr rrclrin
l aV, ' mato, u"r.
hi Chairman
Soma casts reflected hcrealn may be based on good faith ostlmaias iltat require postrolosfng adjustwiont. Any vastations in
actual costs from these reflected Iteroon that resuh In overchatges, or undoricharges riot in excess of $25400 to any parly
sf1all be cruod to or doblio l against clasing to" ohargod by Ationlic Coastal Land Me Company, LM It is lurther
urndersto*d: Ord tKo paHIO$ herolo agree, that all eecehred by Atlantic Coostatt Land Title Company, LLC may be
placed in escrtw accounts Ihsl may sutjacl;to C iverr ght Fiopureitase Agreements'bet"en Atlantic Coastal are its
doositary bank, Inlerest eairned " ilia result iol .such agroomtlnts, if arty, is' fho Ix rty *I Atlantic Crustal Land Title
Cc4rtpa0y, LLC:
The HUDA Settlenrenl SWomaiat which I have prepared is a truo and accurate acctstrne of this itarwacWm t have caused
or will cause ihn tutees to be rasbursed In accordance vrtth.lftas stated o tt,
AtIonU tallLan 1111& Corripany�, LLC: (Selliomant Agent)
Closing beta: July 250 2011
WANING: It is a crime to knowingly make fa so $Ialomeots 1n tits Ujnitad Slates on Iters or :stay G1hOr sift lar fo+en.
Penalties upon cooviction can lnctudo a fine or irnprisonmem , For details sed: 711th 18 U. S. Code SocOon 1001 and
Sec tan 10101
i