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2013-156
B��dS %ZD /3 This instrument was prepared incident to 'V 13 •' �� the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 21 " St. , Suite C 3120130060850 RECORDED IN THE PUBLIC RECORDS OF Vero Beach , Florida 32960 JEFFREY R SMITH , CLERK OF COURT INDIAN RIVER COUNTY FL ACLT File Number : 43080324 BK: 2704 PG: 2099 Page 1 of 3 9/19/2013 8 : 33 AM Parcel ID Number : 32-39-33 -00002 -0000-00001 . 0 D DOCTAX PD $0 . 70 GENERAL WARRANTY DEED This deed , made as of this 12th day of September, 2013 , by William Langdon and Sandra Langdon, husband and wife (as Grantor) ; and Indian River County, a political subdivision of the State of Florida , whose postoffice address is : 1801 27th 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 : Lot 1 , DAVILLA PARK, according to the Plat thereof, as recorded in Plat Book 3 , at Page(s) 69, of the Public Records of 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 LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency Pursuant to Rule 12134 . 014 (4 ) , F . A . C . , This deed is given to a government entity under threat of condemnation or as a part of an out-of-court settlement of condemnation proceedings and is not subject to tax . 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 William Langdon 2955 8TH ST Vero Beach , FL 32966 X �� S dra Langdon 2955 8TH ST Vero Beach, FL 32966 State of FLORIDA County of INDIAN RIVER The foregoing instrument was acknowledged before me the date hereinafter given, by William Langdon and Sandra Langdon ; 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 12th day of September, 2013 . Notary Public Type of identification provided (Check One) : Driver' s License Passport @zu Government (State or Federal) ID Card tary p bSON q . BEq�Resident Alien ID CardComm Ex a state of FloridaOther ommissiop Cct 11 , 2016d Through NationalE836130 Notary Assn ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 0 10 20 40 ATTENTION IS DIRECTED TO fMr FACT THAT THESE PLANS MAY HAVE BEEN REDUCED IN 1 to I . P . FD . SIZE BY REPRODUCTION . THIS MUST BE NW CORNER CONSIDERED WHEN OBTAINING SCALED DATA. LOT 6 I . P . GRAPHIC SCALE NE CORNER a (IN FEET) LOT 2 Oc) 00 � DAVILLA PARK , P . B . 3 , PG . 69 �a woi LOT 2 I Ino aaON i 32 - 39 - 33 -00002 - 0000 - 00002 . 0 'n l N MILLER , DAVID J & ERIN SMITHeU 100 I . R . /CAP FND p6 O . R . B . 1891 , PG . 2428 U N N 5/8 " I . R . ISET 944 i 6' WOOD FENCE N "I . R . COUNTY" " N3 0 . 01 'W 25. 1 ' 129 . 16 ' Pl 3/4 129oil . 07 F l; , ( QN W.M. 1 , P , FND i • CONC 0 80.7' d 89929 ' 50 ' oPEN .. - , PADIN .A P \ 243 — ( F) & ( C ) 60"0 OAK Dj 9 '1 1 " F pF SEPTIC TANK 25.2 0 9 '3 ' 36 0 ' 05 " � C) 12"0 PALM kjw 0 I QF Q CD 0 O ,o CONC STEPS a /� dl O Q INNNN,^ Z CO '� 7q• g ' `tom � CONC STEPS � LLJ wl lil 12"0 PALM p O � a IJ,J , �-' z ozCID c0 � : . : " • ,ate O CD 0 ti r W m a so.a' I?. p` �RACf 5. 0 • Z z Q 322 • co . w 27.y ' " 7; ° AN9 0, 5 0 0 �t r7 tL M c I ° ' : 3747 . . So � ° oo C C PAD 06 a LOT 1 o �6 `Lli ' w 32 - 39 - 33 - 00002 - 0000 - 0001 . 0 800 Z 00 c;WILLIAM & SA DRA 28,8 ; ° LL/I W O . R . 8 . 1233 , PG . 240 No J o-- c n PROPOSED i Q v' i PROPOSED 25 ' CORNER bW a 0 CLIP r ,JI 2 INNNN 89' 21 ' 26 " F ULTIMATE 48"0 OAK ( ) 90' 37 ' 08 F 89' 23 ' ( P) R/W LINE 90' 37 ' 05 "�C� 3/4 ,• i 129 . 12 ( F) 129 . 16 ' ( P ) I . P . FND 23 . 1 ' / € W _LINE 7 . 5 EXISTING R AN LINE 3"X3 " C . M . FND 6' WIDE HEDGE i 00 W/BRASS SCREW 0) N c 0 E, P , d 00 ;nLn n Ln $ 00 26TH STREET ( R /W VARIES ) C6 m a G n SOUTH LINE SECTION 33 TWP 32S SURVEYOR ' S NOTES I . R . F . W . M . D . SUB - LATERAL A - 3 CANAL ( 30 ' R /W ) TWP 338 1 , THE PLAT FOR DAVILLA PARK SHOWS AN ANGLE AT THE SOUTHWEST PROPERTY CORNER ONLY. THIS ANGLE, ALONG WITH THE DISTANCES SHOWN f ALONG THE LOT LINES, WAS USED TO CALCULATE THE OTHER ANGLES SHOWN HEREON. d€ 2 . ONLY ABOVE GROUND APPURTENANCES AND VISIBLE UTILITIES HAVE BEEN LOCATED, UNDERGROUND IMPROVEMENTS SUCH AS UTILITIES AND FOUNDATIONS WERE NOT LOCATED EXCEPT AS SHOWN , 3. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF A TITLE POLICY (FILE No. 43080255) PREPARED BY ATLANTIC COASTAL LAND TITLE COMPANY, L.L.C. AND CERTIFIED TO INDIAN RIVER COUNTY ON THE DATE OF AUGUST 11 2013, 4, THE SUBJECT PROPERTY CONTAINS 0.33 ACRES, 14,380 SQUARE FEET, MORE OR LESS. 5. THE FIELD WORK FOR THIS SURVEY WAS COMPLETED BY INDIAN RIVER COUNTY PERSONEL ON THE DATE OF AUGUST 9 , 2013. 6. THIS SURVEY MEETS AND/OR EXCEEDS THE ACCURACY REQUIREMENTS FOR A BOUNDARY SURVEY PER FLORIDA ADMINISTRATIVE CODE, THE HORIZONTAL CONTROL POINTS USED FOR THE PREPARATION OF THIS SURVEY WERE PART OF A CLOSED- LOOP TRAVERSE THAT HAD A RELATIVE ERROR OF CLOSURE EXCEEDING 1 PART IN 186000. " 7. ALL DISTANCE SHOWN HEREON ARE EXPRESSED IN U .S. SURVEY FEET, G 8, THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 "= 20' OR SMALLER. LEGAL DESCRIPTION SYMBOLS AND ABBREVIATIONS LOT 1 , DAVILLA PARK SUBDIVISION, ACCORDING ANN CONDITIONER PG. = PAGE TO THE PLAT THEREOF UCORONtPLAT (C) =CALCULATED DISTANCE OR ANGLE P• B• = PLAT BOOK BOOK 3, PAGE 69 OF THE PUBLIC RECORDS C C. M. =CONCRETE MONUMENT CONC= CONCRETE RGE= RANGE POLE g OF INDIAN RIVER COUNTY, FLOR! DA. - CERTIFIED T _ INDIAN RIVER COUNTY (F) = FIELD MEASURED COURSE R/W= RIGHT-OF-WAY SURVEYOR ' S CERTIFICATION BOARD OF COUNTY E. P. =EDGE OF PAVEMENT T.0.8 . =TOP OF BANK FND= FOUND TWP=TOWNSHIP M COMMISSIONERS I. P. =IRON PIPE U.G. E.=UNDERGROUND ELECTRIC �.�'� I.R. =IRON ROD W/=WITH SURVEYOR AND MAPPER IN . RESPONSIBLE CHARGE, I.R . F.W.M . D. = INDIAN RIVER FARMS WATER WM . =WATER METER DAVID M. SILON , P. S.M. NO . 6139 MANAGEMENT DISTRICT O=DIAMETER INDIAN RIVER COUNTY ASSISTANT: COUNTY SURVEYOR O. R . B. =OFFICIAL RECORD BOOK =OVERHEAD ELECTRIC ( P)=PLAT DISTANCE OR ANGLE INDIAN RIVER COUNTY THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL DEPARTMENT OF PUBLIC WORKS OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER ENGINEERING DIVISION-SURVEY SEMON w: �„yy J3 nao Wilt: um eo, 27TH STREET MANCWD11123 8- , 2- , 3 DAVILLA PARK SUBDIVISION LOT 1 VE18 BEACH, ST 32960 BROACH mnr,n 325 FIN „,� (772) 567-8000 o m D.SILON 39E 71 1346 BOUNDARY SURVEY 1 Residential Contract For Sale And Purchase Atlantic Shores Properties, Inc . THIS FORM HAS BEEN APPROVED BY THE FLORtDAREALTORS AND THE FLORIDA BAR + • PARTIES: 2• andInd an ("Seller'), a agree that Seller shall sell and Buyer shall buy the following described Rea! Pro ("$uYeo , Property 4 (collectively "Property") pursuant to the terms and conditions of this Residential Contract For Sae And Purchases and Is any riders and addenda ("Contract): s 1 . PROPERTY DESCRIPTION: 70 — (a) Street address, city, zip: 205mr B. Beach Z741i�f III yr�'is totaled in dean RJver County, Florida. Real Property Tax ID No: sus s o a• (c) Legal description of the Real Property SUB or xJBLDf nr low � 1 Prignp awa Doi 3-59 111 1111 1 IN 11111 11 1111 1 1 �+ together with alt existing improvements and fixtures, including buitt_in appliances, built in fumishings . and 72 attached wall-to wall carpeting and flooring ("Real Property ) unless specifically excluded below. 13 (d) Personal Property: The following Mems owned by Seller and existing on the Property as of the date 14 of the initial offer are included in the purchase ("Personal Property'): @ range(s)/overI dishwasher(s), 75 disposal, ceiling fan(s) , intercom , light fixtures, rods, draperies and other window treatments, garage is openers, and security gate and other access devices; and (i) those additional items checked belodwo if 7r additional details are necessary, specify below. If left blank, the item below is not Included : Refrigerators) ❑ Smoke del ector(s) Microwave oven 0 11 Pool barrder/fence Q Storage shed ❑ Washer 1] �'� system Cl Pool equipment ❑ TV antenna/sateltrTe dish 0Dryer ❑ Window/wall a/c ❑ Poo[ heater ❑ Water softener/purifier Generator ❑ Spa or hot tub with heater ice 13 Storm shutters and 13 Stand-atone maker ❑ Above ground pool panels + 9 The only other items of Personal Property included in this purchase, and any additional details regarding 19• Personal Property, if necessary, are: 20• 21 Personal Property is included in the Purchase Price,. has no contributory value, and shall be left for the Buyer. zz• (e) The following items are excluded from the purchase: 23• �� 24• 2. PURCHASE PRiCE (U.S. currency): 2s• (a) Initial deposit to be held In escrow in the amount of (checks subject to COLLECTION} $ 25 The Initial deposit made payable and delivered to •'EscronrAgenr' named below 27• (CHECK -ONE) p 4 - : ❑ ascot antes a withiC7 �iS to be made upon accept ance ' (I;ifec}ive Date) 29' or r is to be made within 5 (f blank, then 3) days after Effective Date z9' Escrow Agent Information: Name: A E 300 Address; 3+ • E-mail: Phone 32* p Fax: (b) Addifional deposit to be delivered to Escrow Agent within (rf blank, then 3) 33• days after Effective Date . 34 (A8 deposits paid or agreed to be paid, are collectively referred to as the "Deposit") $ 354 (c) Financing: Express as a dollar amount or percentage ("Loan Amount) see Paragraph 8 . . . se• (d) Other. "L �l 37 (e) Balance to close (riot including Buyers closing costs, lb 3 *,! 3r transfer or other COLLECTED funds • , p Ids and prorations} by wire DS 39 NOTE; For the definition of "COLLECTION" or "COLLECTED" see STANDARD S. - 4o 311, TIME FOR ACCEPTANCE OF OFFER AND COUNTERwOFFERS; EFFECTIVE DATE: 410 (a) If not signed by Buyer and Seller, and an executed -copy delivered to all pares M4 or before 42` this offer shall be deemed withdrawn and the Deposit, ly, l be returned to Buyer. 43 Unless otherwise stated, time for acceptance of any counter-offers shbewiithi l 2ldays after the day tfre 44 counter-offer is delivered. 45 (b) The effective date of this Contract will be the date when the last one of the Buyer and Seller has signed or 46 Initialed this offer or final counter-offer ("Effective Date") , 47 4. CLOSING DATE: Unless modified by other provisions of this Contract the closing of this transaction shall occur 48 and the closing documents required to be furnished by each party pursuant to this Contract shalt be delivered Ciosi on ("Closing Date"), at the time established by the G si Aq Buyer's initials e T � FioridaRealfars/Florrcfa8ar-7Rev. 6110 O 2070 Flovida RoaRorsv and The Florlds Bar. AD • hts resew S Initials J ed Software and added formatting 40 2073 Arta Star Soltwar a, ab rrgrlts resenrod - pnvw slmster co,h • 8) 27-0696 �— User Roo 0?ZK030.99YE7V328-tp27 399 so s . EXTENSION OF CLOSING DATE: 51 (a) If Closing funds from Buyer's lender(s) are not available at time of Closing due to Truth In Lending Act ( FILA) 52 notice requirements, Closing shall be extended for such period .necessary to satisfy T1LA notice requirements, 53 not to exceed 7 days. 54 (b) If extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: ss (i) disruption of utilities or other services essential for Closing, or n Hazard, Wind, Flood or Homeowners' 56 insurance, to become unavailable prior to Closing, Closing will be extended a reasonable time up to 3 days 57 after restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wind, 58 Flood or Homeowners' insurance. if restoration of such utilities or services and availability of insurance has not ss- occurred: within .' (if left blank, 14) days after Closing Date, then either party may terminate this _ -- - — � contract-by d iverirrg-writt other party, and-Buyer shall rerided the Deposit, thereby et releasing Buyer and Seiler from all further obligations under this Contract 52 e . OCCUPANCY AND POSSESSION : Unless otherwise stated herein, Seller shall, at Closing, have removed all ss personal items and trash from the Property and shall deliver occupancy and possession, along with all keys, 64 garage door openers, access devices and codes, as applicable , to Buyer. If Property is intended to be rented or as occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant es to STANDARD D. If occupancy is to be delivered bbtore Closing, Buyer assumes all risks of loss to Property from 67 date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have 68 accepted Property in its existing condition as of time of taking occupancy, except with respect to any nems as identified by Buyer pursuant to Paragraph 12 prior to taking occupancy which require repair, replacement, 7o treatmert or remedy: 71w T. ASSIGNABILITY: (CHECK ONE) Buyer ❑ may assign and thereby be released from any further liability 72V under this Contract; may assign but not be released from liability under this Contract; or ❑ may not assign 73 this Contract_ 74 FINANCING 75 a . FINANCING : 7s-, R (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing 77 contingency to Buyer's obligation to close. 700 ❑ (b) This Contract is contingent upon Buyer obtaining a written loan commitm ant for a ❑ conventional Q FHA 79• ❑ VA loan on the following terms within (if blank, then Commitment days after Effective Date ('Loan so- Ell Date'? for. (CHECK ONE): fixed, ❑ adjustable, LS fixed or adjustable rate loan in W the principal amount of $ or % of the Purchase Price, at an initial interest rate W not to exceed % (if blank, then prevailing rate based upon Buyer's creditworthiness), and for a aa- term of years ("Financing') . aa• Buyer will make mortgage loan application for the Financing within (if blank, then ti) days after 85 Effective Date and use good faith and dillgent effort to obtain a written loan commitment for the Financing _ . . . . . . . ... as . . . . . ('.'Loan - Commitrnent'))-and close this --GontmCLA * Buyer shall keep Seller--and -Broker futty- infbrmed`about .. .. . a7 the status of mortgage loan application and Loan Commitment and authorizes Buyer's mortgage broker and 88 Buyer's lender t0 disclose such status and progress to Seller and Broker. as If Buyer does not receive Loan Commitment, then Buyer may terminate this Contract by delivering written 90 notice to Seiler, and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all r» further obligations under this Contract. 92 If Buyer does not deliver written notice to Seller of receipt of Loan Commitment or Buyer's written waiver of 99 this financing contingency, then after Loan Commitment Date Seller may terminate this Contract by 99 delivering written notice to Buyer and the Deposit shall be refunded to Buyer, thereby releasing Buyer and 85 Seller from all further obligations under this Contract, es If Buyer delivers written notice of receipt of Loan Commitment to Seger and this Contract does not 97 thereafter close, the Deposit shall be paid to Seller unless failure to dose is due to: (1 ) Seller's default; 98 (2) Property related conditions of the Loan Commilinent have not been met . (exci t when such conditions are waived by oth6V pr ViM6ns of this Contract); (3) appraisal of the property obtained l y Buyers lender is ton insufficient to meet terms of the Loan Commitment; or (4) the ban is not funded due to financial failure of tot Buyer's lender, in which event(s) the Deposit shall be returned to Buyer, thereby releasing Buyer and Seiler los from all further obligations under this Contract. los- 13 (c) Assumption of existing mortgage (see rider for terms). too- ❑ (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms). Buyer's Initials _ Page 2 of 11 Sellers initials FloridaRealtorslFtorldaBar-1 Rev. 6110 ® 2010 Florida Realtors@I and The Florida Bar. Ali rights raserved. _ 400 105 CLOSING COSTS, FEES AND CHARGES los 9. CLOSING COSTS ; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: 1 or (a) COSTS TO BE PAID BY SELLER: • Documentary stamp taxes and surtax on deed, it any • HOAICondominium Association estoppel fees • Owner's Policy and Charges (if Paragraph 9(c)(i) is checked) • Recording and other fees needed to cure title • Title search charges (it Paragraph 9(c) (tii) is checked) • Seller's attorneys' fees - Other. toe Seller will pay the following amounts/percentages of the Purchase Price for the following costs and expenses: 1096 (f) up to $ or % (L5% if left blank) for General Repair Items (`General Repair 110 Limit"): and TtTP $` or if left blank) for WDO treatment and repairs ("WDO 112 Repair Limit"); and 1130 (iii) up to $ or % ( 1 .5% if left blank) for costs associated with closing out open 114 or expired building permits and obtaining required building permits for any existing improvement for which a 115 permit was not. obtained ('Permit Limit'j. • 116 If, prior to Closing, Seller is unable to meet the Maintenance Requirement as required by Paragraph 11 or 117 the repairs, replacements, treatments or permitting as requited by Paragraph 12 , then, suras equal to 125% of 11e estimated costs to complete the applicable item (s) (but, not in excess of applicable General Repair, WDO 119 Repalr, . and Permit Limits set forth above, if any) shall be escrowed at Closing. If actual cost of required 120 repairs, replacements, treatment or permitting exceed applicable escrowed amounts, Setter shall pay such 121 actual costs (but, not in excess of applicable General Repair, WDO Repair, and Permit Limits set forth above) . 122 Any unused portion of escrowed amoungs) shall be retumed to Mier. 123• (b) COSTS TO BE PAID BY BUYER& • Taxes and recording fees on notes and mortgages • Loan expenses • Recording fees for deed and financing statements • Appraisal fees • Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) • Buyer's Inspections • Survey (and elevation certification, if required) • Buyer's attomeys' fees • Lender's title policy ar)d endorsements - All property related insurance • HOA/Condominium Association application/transfer fees • Other: __CAN M O <',= E01! — 70A XM / ,2EGo .ed ttii G JCEES 60 Nor A PP4. Y 1240 (c) TITLE EVIDENCE AND INSURANCE: Al least (if blank, then 5) days prior to Closing Date, a title 125 insurance commitment issued by a Florida licensed tide insurer, with legible copies of instruments listed as 126 exceptions attached thereto (ode Commihnent") and, after Closing, an owner's policy oftitle insurance (see 121 STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of tide 128 insurance covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after ,z9 Effective Date. The owner's title policy premium and charges for owner's policy endorsements, title search, Iso and closing services (_collectively, "Own er3 Policy_. ar tat (CHECK ONE) td_ . . Charges').. _ shalt_ . be __patd, ....as__set . forth . .below . _ . . 1320 D Seiler wig designate Closing Agent and pay for Owner's Policy and Charges (but not including charges 133 for dosing , services related to Buyer's lendees policy and endorsements and loan dosing, which amounts 134 shall be paid by Buyer to Closing Agent or such other providers) as Buyer may select); or 135~ 0 (it) Buyer will designate Closing Agent and pay for Owner's Policy and Charges and chargees for closing 135 services related to Buyer's tender's policy, endorsements, and loan dosing; or 13r 13 (til) [MIAMWADEIBROWARD REGIONAL PROVISION]: Seller will furnish a copy of a prior owner's policy las of title insurance or other evidence of title and pay fees for: (A) a continuation or update of such title evidence, 139 which is acceptable to Buyer's title insurance underwriter for reissue of coverage; (B) tax search; and 140 (C) municipal lien search. Buyer shall obtain and pay for post Closing continuation and premium for Buyer's 141 owner's policy, and N applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than 142• $ (If blank, $200. 00) for abstract continuation or title search ordered or performed by Closing 143 Agent 144 (d) SURVEY: At least 5 days prior to Closing, Buyer. may, at Buyer's expense, have the Real Property surveyed 145 and certified by a registered Florida surveyor (•Survey"). If Seiler has a survey covering the Real Property, a 148 copy shall be fumished to Buyer and Closing Agent within 5 days after Effective Date. 14r (e) HOME WARRANTY: At Closing , ❑ Buyer ❑ Seiler X N/A will pay for a home warranty plan issued by 14W at a cost not to exceed $ A home 149 warranty plan provides for repair or replacement of many of a home's mechanical systems and major bunt in 150 appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period - 161 (f) SPECIAL ASSESSMENTS: At Closing, Selier will pay. t7 the full amount of liens Imposed by a public body 152 ("public body" does not include a Condominium or Homeownees Association) that are certified, confirmed and 153 ratified before Closing; and Vii) the amount of the public body's most recent estimate or assessment for an Buyer's Initials Page 3 of 11 Sellers Initials Florida Realtors/moridaBar-1 Rev. 6110 02010 Florida Realtors® and The Florida Bay Ad rights reserved. - 401 _ .. .. . . . ...... . -- . ..- . I I _. _. . 154 improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being 155 imposed on the Property before Closing. Buyer will pay all other assessments. If special assessments may 156 be paid in installments (CHECK ONE) : 15r 0 (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due after Ise Closing. Installments prepaid or due for the year of Closing shall be prorated. 7sir R (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. 160 IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED. 161 This Paragraph 9(f) shaft not apply to a special benefit tax lien imposed by a community development district 167 (CDD) pursuant to Chapter 190 F.S. which lien shall be treated as an ad valorem tax and prorated pursuant to 163 STANDARD K 165 10. DISCLOSURES: 166 (a) RADON GAS : Radon is a naturally occurring radioactive gas that, when it is accumulated in a building In 167 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 168 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding t69 radon and radon testing may be obtained from your county health department. 17D (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, 171 Seller does not know of any Improvements made to the Property which were made without required 172 permits or made pursuant to permits which have not been properly closed. 173 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 174 desires additional information regarding mold, Buyer should contact an appropriate professional. 175 (d) FLOOD ZONE; ELEVATION CERTIFICATIQN ,Buyer is advised to verify by elevation certificate which flood 176 zone the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to 177 improving the Property and rebuilding in the event of casualty. If Property is in a 'Special Flood Hazard Area" 178 or "Coastal High Hazard Area" and finished floor elevation is below minimum flood elevation, Buyer may 179 terminate this Contract by delivering written notice to Seller within 20 days after Effective Date, failing which 1130 Buyer accepts existing elevation of buildings and flood zone designation of Property. 161 (e) ENERGY BROCHURE : Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure 162 required by Section 553.996, F.S_ les (t) LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint rider is 184 mandatory. • 185 (g) HOMEOWNERS' ASSOCIATIOWCOMMUNIIY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 1e6 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 187 ASSOCIATION/COMMUNITY DISCLOSURE, IF APPLICABLE. 188 (h) PROPERTY TAX DISCLOSURE SUMMARY; BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 189 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED iso . _ _ TO. ._PAY _THE._YEAR SUBSEQUE)VZ TQ.FA JRC SE.. A ..CNAMGE_QF. . .0NIV IERSHIP _OR_P� 1?ERTYma . 141 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT@IN HIGHER 192 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 193 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 194 (i) TAX WITHHOLDING: If Seller is a "foreign person' as defined by the Foreign Investment in Real Property Tax 195 Act ("FIRPTA'), Buyer and Seller will comply with FIRPTA, which may require Seller to provide additional cash 196 at Closing. 197 llj SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are 198 not readily observable and which have not been disclosed to Buyer. . 100 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS zoo 11 . PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, and those repairs, 201 replacements or treatments required to be made by this Contract, Seller shall maintain the Property, including, but 202 not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date ("Maintenance 203 Requiremenfl. 204 12. PROPERTY INSPECTION AND REPAIR: 205 (a) INSPECTION PERIOD: By the earlier of 15 days after Effective Date or 5 days prior to Closing Date los ("Inspection Period") , Buyer may, at Buyer's expense, conduct "General", "WDO", and "Permit" Inspections 207 described below. If Buyer fails to timely del"nrer to Seller a written notice or report required by (b) . (c), or (d) Zoe below, then , except for Seller's continuing Maintenance Requirement, Buyer shall have waived Seller's tog otAlgation(s) to repair, replace, treat or remedy the matters not inspected and timely reported. If this Contract 210 does not close , Buyer will repair all damage to Property resulting from Buyer's inspections, return Property to 211 its pre-inspection condition and provide Seller with paid receipts for all work done on Property upon its ZT2 completion. P Bur er% Initials S Y age 4 Seller's Initials 1=loridaRestlorslFrorideBar-1 Rev. 8/10 ® 2010 Florida Realtors® and The Floridao 1 1 ller' @ar. All rights reserved. _ 402 213 (b) GENERAL PROPERTY INSPECTION AND REPAIR: 214 () General Inspection : Those items specified in Paragraph 12(b)(ii) below, which Seller is obligated to repair 215 or replace ("General Repair Items") may be inspected ("General Inspection' by a person who specializes in 216 arld holds an occupational license (if required by law) to conduct home inspections or who holds a Florida 217 license to repair and maintain the items inspected ("Professional Inspector'. Buyer shall, within the Inspection 218 Period, inform Seller of any General Repair items that are not in the condition required by fti) below by lis delivering to Seiler either a written notice or a copy of the portion of Professional Inspector's written report 2zo dealing with such items. 221 (u) Property Conditions The following items shall be free of leaks, water damage or structural damage: 222 ceiling, roof (including fascia and soffits), exterior and interior walls, doors, windows, and foundation. The zts - 'a ��ove I ems together with 4poo , pool equipment, non-7ce major appffla nces , heating, cooling - - 224 electrical, security, sprinkler, septic and Plumbing s . mechanical; g ystems and machinery, seawalls, and dockage, are, and 225 shall be maintained until Closing, in "Working Condition" (defined below). Torn screens (including pool and patio 226 s(ireens), fogged windows, and missing roof tiles or shingles will be repaired or replaced by Seller prior to ur Closing. Seller is not required to repair or replace "Cosmetic Conditions" (defined below), unless the Cosmetic 22B Conditions resulted from a defect in an item Seller is obligated to repair or replace. 'Working Condition" means 229 operating in the manner in which the Item was designed to operate. "Cosmetic Conditions" means aesthetic 23o imperfections that do not affect Working Condition of the item, including, but not limited to, pitted marcite; 231 tears, worn spots and discoloration of floor coverings, wallpapers, or window treatments; nail holes, scrapes, 232 scratches, dents, chips or caulking in ceilings, walls, flooring, tile, fixtures, or m mors; and minor cracks in 233 walls , floor tiles, windows, driveways, sidewalks, pool decks, and garage and patio floors. Cracked 234 roof tiles, curling or wom shingles, or limited roof life shall not be considered deflects Seller must repair 235 or replace, so long as there is no evidence of actual leaks , leakage or structural damage. 236 @1) General Property Repairs : Seller is only obligated to Cnake such general repairs as are necessary to 237 bring items into the condition specified in Paragraph 12(b)(ii) above. Seller will, within 5 days after receipt of 230 Buyers written notice or General Inspection report, either have the reported repairs to General Repair Imsuyer, or have a second Inspection te 239 estimated by an appropriately licensed person and a copy delivered to B 24o made by a Professional Inspector and provide a copy of such report and estimates of repairs to Buyer. If 241 Buyer's and Seller's inspection reports differ and the parties cannot resolve the differences, Buyer and 242 Seller together will choose, and equally split the cost of, a third Professional Inspector, whose written report las will be binding on the parties. 244 If costs to repair General Repair Items equals or is less than the General . Repair Limit, Seller will have repairs M made in accordance with Paragraph 12(f). If cost to repair General Repair Items exceeds the General 246 Repair Limit, then within 5 days after a party's receipt of the last estimate: (A) Setter may elect t0 pay the 247 excess by delivering written notice to Buyer, or (B) Buyer may deliver written notice to Seller designating which las repairs of General Repair Items Seller shall make (at a total cost to Seller not exceeding the General Repair _ . _za9 . .. . .limit)..and_ agroeing _to_ameptlhe. balance.of.General . Repair-ltems..in _their."as. is canedion, . subject.Ua. Seilees 250 continuing Maintenance RequiremenL If neither party delivers such written notice to the other, then either paryy 251 may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from zsz all further obligations under this Contract. 253 (c) WOOD DESTROYING ORGANISM ("WDO") INSPECTION AND REPAIR : 254 () WDO inspection : The Property may be Inspected by a Florida-licensed pest control business ("WDO 255 Inspector") to determine the existence of past Or present WDO Infestation and a[amaget caused by infestation ass CWDO Inspection'. Buyer shall, within the Inspection Period, deliver a copy of the WDO Inspector's writer zsr report to Seiler if any. evidence of WDO infestation or damage i&found. 'Wood Destroying Organism" CWDOJ 258 means arthropod or plant fife, including termites, powder-post beetles, oldhouse boners and wood-decaytng 258 fungi, that damages or infests seasoned wood to a structure, excluding fences. 260 (11) WDO Repairs_ If Seller previously treated the Property for the type of WDO found by Buyer's WDO 261 Inspection, Seller does not have to retreat the Property if there 1S n0 visible five infestation, and Seller, at zs2 Seller's cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO founcL Seller 263 will, within , 5 days . kkfier. rec!✓ipt. of .Buyer's WDO. Inspector's . report, have _reported-WDQ -da mage estimaied- by sea an appropriately licensed person , necessary corrective treatmerrL if any, estimated by a WDO Inspector, and a 25S copy delivered to Buyer. Seller will: have treatments and repairs made in accordance with Paragraph 12(f) 266 below up to the WI7Q Repair Limit If cost to treat and repair the WDO infestations and damage to 257 Property exceeds the WDO Repair Limit, then within 5 days after receipt of Seller's estimate, Buyer may 288 deliver written notice to Seller agreeing to pay the excess, or designating which WDO repairsr Seller shall 26e make (at a total cost to Seller not exceeding the WDO Repair Umit), and accepting the balance of the Property - 2ro in its "as is" condition with regard to WDO infestation and damage, subject to Seller's continuing Maintenance tri Requirement If Buyer does not deliver such written notice to Seller, then either party may terminate this Buyers Initials --�.- Page 5 of 11 Seller's Inittats Z r � ,J FloridaRealtorsMondaBar 1 Rev. &10 ® 201D Florida Realtorse and The Florida Bar. All rights reserved . � � - 403 . . . .. . . .. . . . . . . . 272 Contract by written notice to the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further obligations under this Contract. 274 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS_ 275 () Permit inspection: Buyer may have an inspection and examination of records and documents made to zrs determine whether there ex€st any open or expired building permits or unpermitted improvements to the m Property ('Permit Inspection'). Buyer shall, within the inspection Period, deliver written notice to Seller of the zna existence of any open or expired building permits or unpermitted improvements to the Property. 279 (ii) Close-Out of Building Permits: Seller will, within 5 days after receipt of Buyers Permit Inspection Zan notice, have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed _ 281 .person and a copy delivered to Buyer. No later than 5 days prior to Closing Dare, Seller shall, up to the Permit m ave open ante ut ng perrrn r e e las governmental e Y ua 1 or nown to ler closed by the applicable entity, and obtain and close any required building permits for improvements to the Property, iso Prior to Closing Date, Seller will provide Buyer with any written documentation that an open and expired las building permits identified by Buyer or known_ to Seller have been closed out and that Seller has obtained 2" required building permits for improvements to the Property- If final permit inspections cannot be performed due 297 to delays by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 298 inspections, failing which, either party. may terminate this Contract, and Buyer shall .be refunded the Deposit, las thereby releasing Buyer and Seller from all fruther obligations under this Contract_ ' 290 if cost to close open or expired building permits or to remedy any permit violation of an 291 exceeds Permit Limit, then within 5 da after aY governmental entity r may 292 elect to pay the excess by delivering written notice o Buyer: r (Bestimates er may delver wren notice to Seiler zss aroeptjng the Preperty in its "as is" condition with regard o building permit status and agreeing to tece€ve 294 credit from Seller at Closing in the amount of Permit Limit If neither party delvers such written notice to the 295 other, then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 248 B i.ryer and Seller from all further obligations under this Contract, 297 (e) WALK-THROUGH INSPECTION/RE4NSPECTION: On the day prior to Closing Date, or on Closing Date prior 296 to time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and 299 follovii:-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 30o Property are on the Property and to verify that Seller has maintained the Property as required 301 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all the 302 other contractual obligations_ 303 (f) REPAIR STANDARDS; ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: W4 AN repairs and replacements shall be completed In a good and workmanlike manner b an a propriatel 305 licensed person, in accordance with all requirements of law, and shall consist of materials or items of uality, 308 value, capacity and performance comparable to, or better than, that existing as of the Fffect€ve Date Except 307 as provided in Paragraph 12(c)('), at Buyer's option and cost, Seiler will, at Closing, assign- all assignable B . . repair, treatment and maintenance contracts and. w2tTa.- lie 8uyert . ._. .._... . . 309 ESCROW AGENT AND BROKER - - s10 18. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent) receiving the Deposit, other funds 311 and other items is authorized, and agrees by acceptance of them , to deposit them 312 within the State of Florida and, subject o COLLECTION, disburse them in accordance pvulttyi terms hold and in 313 of this Contract- Failure of funds to become COLLECTED shall not excuse Buyer's performance, When c orlfticting 314 demands for the Deposit are received, or Agent has a good faiU1 doubt as to entitlement to the De 315 may take such actions permitted by this Paragraph 13, as Agent deems advisable. If In doubt as to A9� t 316 or liabilities under this Contra y, g Agent's duties 317 until the parties agree to its disbursement or ntil aSfinsljudgmnti of ehocoutt afSopmp matter of the escrow 318 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having char ale of the dispute. An attorney who re vrng jurisdiction Y presents a party and also ads as Agent may represent such party in such 320 action. Upon notifying all parties concerned of such action, all habil' on the 321 except to the extent• of account3 for a items 'ty P of Agent shat fully terminate, 322 tiroket, Agenf v�nll corn _ ._. nY prelnou$iy delivered _tint. Qf- escrow. . If. a. Soensed - Teal0 estate 323 escrow disputes through mediation, rb€trationions of oI Interpleader or an escrow disbursement order, o timely resolve 324 Any proceedfrig between Buyer and Sever wherein Agent is made a party because of actin as 325 or in any proceeding where Agent interpleads the subject matter of the escrow, $ Agent hereunder, 326 attorney's fees and costs incurred, to be paid pursuant to court order out of the awroweedllfunds or coveFL reasonable 327 Agent shall not be liable to any party or person for mis-delivery of any escrowed clams, unless such misdeli ery 328 due to Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing 329 or term !nation of this Contract. 330 14, PROFESSIONAL, ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property 331 square foo , nciall other facts and representations made pursuant o this Contract and to onsup at,, Buer s Initials Page B of 11 sjs FloridaReartors/FloridaBar-1 Rear- 6110 22010 Florida ReeriorsO and The Florida Bar, AN rights r6ftneedInitials ` (� 404 332 professionals for legal, tax, environmental , and other specialized advice concerning matters affecting the Property 333 and the transaction contemplated by this Contract Broker represents to Buyer that Broker does not reside on the 334 Property and that all representations (oral , written or otherwise) by Broker are based on Seller representations or 335 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 336 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND 337 _ FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATI 33a WRITTEN OR OTHERWISE) ONS (ORAL, E OF BROKER, Buyer and Seller (individually, the "Indemnifying Party") each 339 individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and 340 employees from all Liability for loss or damage, Including all costs and expenses, and reasonable sal at all levels, suffered or iattorney's feesincurred by Broker and Broker's officers, directors , agents and employees in connection `-'-with-orarisi "3az— rrg-from--c{airrrs;�tematrds-ot�-C �q��--t���, as on: t Ina - - - ` 343 information provided by the Indemnifying Party or from public records a Indemn ��� � or 344 failure to perform contractual obligations; (iii) Brokers performance, at IndemnifyingPaty's's request, s of any t k 345 beyond the scope of services regulated by Chapter 475, F.S. , as amend , including Brra e�al 346 recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv) products or 8ely(cas 347 provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by any such 348 vendor. Buyer and Seller each assumes full responsibility for selecting and compensating theirrespective 3" vendors and paying their Ether costs under this Contract whether or not this transaction closes. This 350 Paragraph 14 will not relieve Broker of statutory obligations under Chapter 475, F.S. , as amended. For purposes 351 of thio Paragraph 14, Broker will be treated as a party to this Contract. This Paragraph 14 shall survive C losi 3 .52 termination of this Contract. ng Or 3'3 DEFAULT AND DiSPUTE RESOLUTION 3S4 I & DEFAULT: ass (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, ash including payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the 357 Deposit for the account of Seller as agreed upon liquidated damages, consideration for execution of this 358 Contract, and in full settlement of any claims, whereupon Buyer and Seller shalt be relieved from all further ass obligations under this Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity 360 to enforce Seller's rights under this Contract. The portion of the Deposit, tT any, paid to Listing Broker upon 361 default by Buyer, shall be split equally between Listing Broker and Cooperating Broker, provided however, 362 Cooperating Brokers share shall not be greater than the commission amount Listing Broker had agreed t(> pay 363 to Cooperating Broker. 364 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Sellers title marketable after 365 reasonable diligent effort, Seller fails, neglects or refuses to 366 Buyer may elect to receive return of Bu l�� Sellers obligations under this Contract, 3e7 from Sellers breach and s Deposit without thereby volving any action for damages resulting pursuant to Paragraph ifi, may seek to recover such damages or seek specific J6e performance. _ _ ._. _.... -. . ._ . .. . - --. . .. - . .. . 369 This Paragraph 15 shall surWve Closing or term [nation .of this Contract_ 37o 16. DISPUTE RESOLUTION: Unresolved oontroversies, claims and other matters in question between Buyer and 371 Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation "DIs e` will be 372 settled as follows: ( put ) 373 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 374 resolve such Dispute, failing which, Buyer and Seller shalt submit such Dispute to mediation on under 3 ParagraptT 16(b)_ 378 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 377 Rules for Certified and CourtAppointed Mediators and Chapter 44, F.S. , as amended (the "Mediation Rules'. 379 The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be 379 sought without firs# complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 380 may be resolved by instituting action in the appropriate court having jtxisdIction of Ute matter. 391 This Paragraph 16 shall survive Closing or termination of this Contract 3112 117. ATTOR_ NEY'S FEES; COSTS: The parties.will. split. egyallyany .me0a4on fewirtwrred in .any mediation permitted 3B3 by tFirs Contract, and each 384 conducting the mediation. can any will pay rr own permitted by this Contract,and f they including prevailingreaiattorney's fees, kxx�red in entitled o 365 recover from the non1wevaiiing party costs and fees, including reasonable attorney's fees, incuparty srred hall m conducting 386 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract 387 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 366 1 & STANDARDS: 389 A. TITLE: 390 (t) TITLE . EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in 394 I=aragraph 9(c) Title Commitment, with legible copies of instruments listed as ex o Buyers Initials cePti 9s ?ched therethatl Florida RealtorslFloridaBar-1 Rev. 6/10 0 2010 Florida RealtorsO and The Florida Bar. All rights eserved Initials ��v 405 392 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 393 ba issued and delivered to Buyer. The Title Commitment shag set forth those matlers to be discharged by Seller at or 394 before Closing and shalt provide that, upon recording of the deed to Buyer, an owner's policy of title insurance in the 395 amount of the Purchase Price, shall be issued to Buyer insuring Buyer's marketable tide to the Real Property, subject 395 only to the following matters. (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions 397 and requirements imposed by governmental authority, (b) restrictions and matters appearing on the Plat or otherwise 399 common to the subdivision : (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted 399 public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to 40o rear or front lines and 7 112 feet in width as to side lines); (e) taxes for year of Closing and subsequent years; and (f) 401 assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum), provided, that, — - 4oi ontl v r�ivt by P gr 2-Ca j a osmg no violation 'oforegoing nd�none prevent use of Ni 403 Property for RESIDENTIAL PURPOSES. if there eAsts at Closing any violation of items identified in (b) - (t) above, 404 then the same shall be deemed a tide defect Marketable title shat) be determined according to applicable Title 405 Standards adopted by authority of The Florida Bar and in accordance with law: 406 rid TITLE EXAMtNATiON: Buyer shalt have 5 days after receipt of Title Commitment to examine it and notify 40T Seller in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it 4oa is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to S days after 409 date of receipt to examine same in accordance with this STANDARD A. Seiler shalt have 30 days ("Cure Period's 410 after receipt of Buyer's notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller 411 Buyer shall be deemed to have accepted title as it then ts. If Seller cures defects wiithin Cure Period, Seiler will 412 deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attorney) and the parties will 413 close this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of Beiler's 414 notice). If Seller is unable fo cure defects within Cure_ Perto( then Buyer may, within 5 days after expiration of 4169 Cure Period,. deliver written notice to Seger: (a) extending Cure Period for a specified period not to exceed 120 days 416 within which Seller shall continue to use reasonable diligent effort to remove or cure the defects (^Extended Cure 417 Period'); or (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date 41s has passed, within the earlier of 10 days after end of Mended Cure Period or Buyer's receipt of Seller's notice}, or 418 (c) electing to terminate this Contract and receive a refund of the Deposit, #hereby releasing Buyer and Seller from 42o all further obligations under this Contract. If after reasonable diligent effort, Seller is unable to timely cure defects, 421 and Buyer does not waive the defects, this Contract shag terminate, and Buyer shall receive a refund of the Deposit, 422 thereby releasing Buyer and Seiler from alI further obligations under this Contract. 423 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon 4z4 encroach on setback lines, easements , or lands of others; or violate any restrictions, covenants, or applicable 425 governmental regulations described in STANDARD A (i) (a), (b) or (d) above, Buyer shag deriver wooer notice of such 428 matters, together with a copy of Survey, to Seger within 5 days after Buyer's receipt of Survey, but no later than 427 Ctos[n.9. If Buyer timely delivers such notice and Survey to Seller, such matters, identified in the notice and Survey nstf#lie ..a_: #itiesie t,. .subiOPt..#p.riure..obligations. of_ TANDA DL- A.aboveOAf. _Seiler.has delivered . a.prior _ . . 429 survey. Seller shall, at Buyer's request, execute an affidavit of "no change" to the Real Property since the 4w Preparation of such prior survey, to the extent the affirmations therein are true and correct: 431 C. INGRESS AND EGRESS: Seller represents that there Is ingress and egress to the Real Property and tide to 43z the Real Property is insurable in accordance with STANDARD A without exception for tack of legal right of access. 433 D. LEASES: Seiler shalt, within 5 days after Inspection Period, furnish to Buyer copies of all written teases and 434 estoppel letters from each tenant specifying nature and duration of tenant's occupancy, rental rates, adVanCed relit 435 and security deposits paid by tenant, and income and expense statements for preceding 12 months ('Lease 43e information'). If Seller is unable to obtain estoppel letters from tenant(s), the same Information shall be furnished by 437 Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant(s) 42a to confirm such information. if terms of the lesse(s) differ materially from Seller's representations, Buyer may deliver 439 written notice to Seller within 5 days after receipt of Lease Information, but no later than 5 days prior to 'Closing 440 Date, terminating this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seiler from aH 441 further obligations under this Contract. Seller shall, at Closing, deliver and assign all Original leases to Buyer who 2 sfta[l. assume.Sege 44l's ottligatiOrI thereunder. 443 E. LiENS: Seller shalt furnish to Buyer at Closing an affidavit attesting; (i) to the absence of any financing 444 statement; claims of lien or potential lienors known to Seller, and (i!) that there have been no improvements or repairs 44s to the Real Property for 90 days Immedately preceding Closing Date. If the Real Property has been improved or 448 repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general "7 contractors, subcontractors, suppliers and materialmen In addition to Seller's lien affidavit setting forth names of all 448 such general contractors, subcontractors, suppliers and materiaimert, further affirming that all charges for _ 449 improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid 450 or wig be paid at Closing. 4s1 F. TiMEE Galen days shall be used In computing time periods. Any time periods provided f r in this Contract Buyers Initials Page a of i 1 sellers Initials J FloridaReaftois/FloridaBarA Rev. Bh0 ® 2010 Florida Realtors® and The Florida Bar. M rights reserved. ' 406 452 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 45s which shall end on a Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5 :00 p.m . 464 (where the Property Is located) of the next business day. Time is of the essence Iry this Contract. 45s G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be 45a liable to each other for damages so tong as performance or non-performance of the obligation is delayed, caused or 457 prevented by Force Majeure. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual 4sa transportation delays, wars, insurrections, ads of terrorism , and any other cause not reasonably within control of 459 Buyer or Seller, and which , by exercise of reasonable diligent effort, the non-performing party is unable in whole or in Oso part to prevent or overcome. All time periods, including Closing Date, will be extended for the period that the Force ` 461 Majeure prevents performance under this Contract, provided , however, If such Force Majeure continues to prevent asppier " rmance under tni§7 U�0n5ore than 1 iV ays eeyybnn osing"lsafe;-frten a er party+may rmrnafe"fTiis 461 Contract-by delivering written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer 4a4 and Seller from all further obligations under this ContracL 46s H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, 4ss personal_ representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters desciibed 4sT in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by 4158 absolute bill of sale with warranty of title, subject only to such matters as maybe provided for in this Contract. 469 L CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: 47o (I) LOCATION: Closing wilt take place in the county where the Real Property is located at the office of the 471 attorney . or other closing agent ("Closing Agent') designated by the party paying for the owner's policy of title 472 insurance, or, if no title insurance, designated by Seller. Closing may be conducted by mail or electronic means. 473 (1) CLOSING DOCUMENTS: At Closing, Seller shall furnish and pay for, as applicable, deed, bill of sale, 474 certificate of title, construction Gen affidavit, owner's possession affidavit, assignments of leases, and corrective 47s instruments. Seller shall provide Buyer with paid receipts for all work done on the Property pursuant to this Contract 4.7s Butner shalt furnish and pay for, as applicable, mortgage, mortgage note, security agreement, financing statements, 477 survey, base elevation certification, and other documents required by Buyers lender. 47B t7 PROCEDURE: The deed shall be recorded upon COLLECTION of all dosing funds. If the Title 479 Commitment provides insurance against adverse matters pursuant to Section 627,7841 , F.S., as amended, the Oso escrow closing procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to 4a1 COLLECTION of all closing funds , disburse at Closing the brokerage fees to Broker and the net sale proceeds to 482 Seller. 4es J. ESCROW CLOSING PROCEDURE: if Trde Commitment issued pursuant to Paragraph 9(c) does not provide 4s4 for insurance against adverse matters as permitted under Section 627.7841 , F.S., as amended, the following escrow 485 and closing procedures shall apply: (1 ) all Closing proceeds shall be held in escrow by the Closing Agent for a period 4es of not more than 10 days after Closing; (2) if Sellers tide is rendered unmarketable, through no fault of Buyer, Buyer 4a7 shall, within the 10 day period, notify Seller in writing of the defect and Seller shalt have 30 days froXn date of receipt ase . . of.suc17_rsotit3r ton .to tuT,9J te...cj_ef_MA_ (3) .If SelJff fads. to ttmvJy_cure. the_cjefg�,_�g. tZeposlL��d sill!. �l�g .fund_s.. . 4B9 paid by Buyer shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simufiarteously vnth Oso such repayment, Buyer shall return the Personal Property, vacate the Real I Property and re-convey the Properly to 491 Seller by special warranty deed and bill of sale; and (4) if Buyer falls to make timely demand for refund of the 492 Deposit, Buyer shall take title as is, waiving all rights against Seiler as to any intervening defect except as may be 49a availabigto Buyer by virtue of warranties contained in the deed or bill of sale. ase K. PROLZATlQNS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of 49s the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes ass (including special benefit tax assessments imposed by a CDD), interest, bonds, association fees, insurance, rents 487 and other expenses of Property. Buyer shall have option of taking over existing poricies of insurance, if assumable, in 49a which event premiums shall be prorated_ Cash at Closing shall be increased or decreased as may be required by 4w proration to be made through day prior to Closing. Advance rent and security deposits. if any, will be credited to soo Buyer. Escrow deposhs heli by Sellers mortgagee will be paid to Seller. Taxes shall be prorated based on current sol year's tax with due allovmnce made for maximum allowable discount, homestead and ¢ther .exemptions_ If Closing sot .occurs on a date . viben ..current .yearm 's _millage _ is . not -fixed but . cuent. .year`s ..assessment .is ..available, .taxes .willbe. cos prorated based upon such assessment and prior year's millage, If current year's assessment is not available, then w4 taxes will be prorated on prior years tax If there are completed improvements on the Real Property by January 1st of sos year of dlosing, which Improvements were not in existence on January 1st of prior year, then taxes shag be prorated sw based upon prior year's millage and at an equitable assessment to be agreed upon between the partles, failing which, sal request shall be made to the County Property Appraiser for an informal assessment taking into account available soa exemptfdns. A tax proration based on an estimate shall, at either party's request, be readjusted upon receipt of - so9 current year's tax bill. This STANDARD K shall survive Closing. 5io L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seiler shall, s11 upon reasonable notice, provide utilities service and access to Property for appraisals and ins ections, including a Buyer's initials' _ Page 9 of 11 8elter's Inilials FloridaRea1tors/Fl0N$ B9rA Rev. 6!70 02010 Florida ReactorsO and The Florida Bar. Allrign% reserveO. 407 sss• 2Q ADDITIONAL TERMS: sso• The of r is contingent on apnroval by the Indian River County Boardof County Commissionet^s 5sr ssr 5sr sea• sss- 56B' ss7• 568• 5691 570 COUNTER-0FFEPJREJECTION Sir Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the eounter- offavecl terms and 572 deliver a copy of the acceptance to Seller). 57n• ❑ Seller rejects Buyer's offer. s74 THIS IS INTENDED TO BEA LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE 57s OF AN ATTORNEY PRIOR TO SIGNING, 57s THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR, 5n Approval of this form by the Florida Realtors and The Fiorfda Bar does not constitute an opinion that any of the terms va and con¢Ittons in this Contra should be sccepfed by the parties in a particular transaction. Terms and condbons s79 should be negotiated based upon Ute respective Interests, objectives and bargaining posr?fons of all interested sso persons., sm API ASTERISK (•) FOLLOWING A LIME NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANKTO sae BE COMPLETED. 11 , Indian River County, B o unly Commissioners 8 ' ($"Tu*y' Date: 0E- 01 • �2 O r3 aria W4 ` sea- Buyer. Date: ( mow - - _ � - .. _ . .. Mme . saw Seller' . Date: - "� • -� - INf#kUv La n 568' Seller Date: 2S '• "' E 3 Sandra Langdon ser Buyer's address for purposes of ratite Seller's address for purposes of notice sae• - 5a9 59D• 591 BROKER: Listing and Cooperating Brokers, if any, named below (collectively, "Broker'}, are the only Brokers entified 5sz to compensation in connection with this Contract. Instruction to Closing Agent: Seiler and Buyer direct Closing Agent sss _to disburse _ at. . .Closing _ , _ttie . full. . . _amourrt . of therokerage_ feeQ . _ . as. .spesif)ed . kt ..septsrate . ._tuokecage 594 agreements with the parties and 000perathre agreements between the Brokers, except to the extent Broker has sgs retained ' such fees from the escrowed funds_ Tills Contract shelf not modify any MLS or other offer of compensation 596 made by Seiler or Listing Broker to Cooperating lemw A 597• rer► Thome � c Dennis Lamer s96 Cooperating Sales Associate, If any Listing Sales Associate - sew AVandc Shores Proertfe.% Inc. Laurel Aaencv. Inc. Bort Cooperating Broker, If any Listing Broker �— Page 11 of 11 FloridaRealtorsiFloridaBaM Rev, 6/10 ® 2010 Florida Reaflome and The Florida Bar. An rights reserved . A LL C -f-p _ Saf ware wod added formatting 0 2013 Alta Star software, a8 rights reservedat . www. bslsr tom • (877) 279-6898 AA lO V os+ r. e. 6t2 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 513 walk-through (or follow-up walk-through if necessary) prior to Closing. 514 M. RISK OF LOSS: If, after Effective. Date, but before Closing, Property Is damaged by fire or other casualty 515 ("Casualty Loss" ) and cost of restoration (which shall include cost of pining or removing damaged trees) does not s1s exceed 1;5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed siT pursuant to terms of this Contract. if restoration is not completed as of Closing, a sum equal to 125% of estimated s1s cost to complete restoration (not to exceed 1 . 5% of Purchase Price), will be escrowed at Closing. If actual cost of sig restoration exceeds escrowed amount, Seller shaft pay such actual costs (but, not in excess of 1 .5% of Purchase 62o Price). Any unused portion of escrowed amount shall be returned to Seller. If cost of restoration exceeds 1 .5% of %n Purchase Price, Buyer shall elect to either take Property as fs" together With the 1 w6%t or receivea refund of lba s220ePOsit, MerebyFelVasfng95yanu mel r horn an turMer obligations under this Contract. Seller's sole obligation - s2s with respect to tree damage by casualty or other natural occurrence shall be cost of pruning or removal. sea N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a ilke-kind exchange (either simultaneous with s2s Closing or deferred) under Section 1031 of the internal Revenue Code ("Exchange"), the other party shall cooperate sea in all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, sn cooperating party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent sn upon, nor extended or delayed by, such Exchange; s2s O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any 63d notice of a shall be recorded in any public records. This Contract shall be binding on, and inure to the benefit of, the wt parties and their respective heirs or successors In interest. Whenever the context permits, singular shall Include plural 532 and one gender shall include all. Notice and delivery given by or to the attorney or broker (including such broker's real sas estate licensee) representing any party stall be as effective as if grlrerl by or tO that party. AA notices must be in sm writing and may be made by mail, personal delivery or electronic (Including "pdf) media. A legible facsimile or sas electronic (including "pdf) Copy of this Contract and any signatures hereon shalt be considered for all purposes as an s76 odginaL s37 P. INTEGRATION; MODIFICATION : This Contract contains the full and complete understanding and agreement sae of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 539 representatlons shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change s4o in this Contract shall be valid or binding upon Buyer or Seller unless In writing and executed by the parties intended 541 to be bound by ft. sae Q. WAIVER.* Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provisaan of this ract, S43 Contract, or to take advantage of any right under this Contshall not constitute a waiver of other provisions or s44 rights. 64s R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten w or handwritten provisions shall control all printed provisions of this Contract in conflict with them . soy S. COLLECTION Or COLLECTED: "COLLECTION" or "COLLECTED" means any checks tendered or received, 54a._1lucfulUng,.DslrosRs, have becom"ctuany and .finally_collected. and _deposfted ..fn-th e-account of•Escrow• mo or Closing Agent Closing and disbursement of funds and deliveryAd by sso Closing Agent until such amounts have been COLLECTED hi Closing genr s cc urttents may b4e ,delayed by Closing Agents accaants. 561 T. LOAN COMMI7MF_A17_ "Loan Commitment" means a statement by the tender setting forth the terms and w2 conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. am U. APPLICABLE LAW AND VENUE; This Contract shall be construed in accordance with the laws of the State of 6s4 Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the county in sss which the Real Property is located. 5% ADDENDA AND ADDITIONAL, TERMS ssr 19. ADDENDA: The following additional terms are Included In the attached addenda and incorporated into this ssr Contract (Check if applicable): ❑ A. Condominium Assn. ❑ L Right to Inspect ❑ R. Rezoning ❑ Y. Seller's Attorney ❑ B. Homeowners' Assn. Cancel E] S. Lease Purchase! - - Approval . . . ❑ C: Seller Financing © M. Defective Drywall Lease Option l� L Buyer's Attorney v D. Mortgage Assurri rt.9 S� pilon ❑ N. Coastal Construction ❑ T. Pre-Cbsing Approval • EU E. FHANA Financing Control Line Occupancy ❑ AA Licensee-Personal El F . Appraisal Contingency 0 O. Insulation Disclosure ❑ U. Post-Closing Interest in Property ❑ G. Short Sale P . Pre-1978 Housing Occupancy Q BB. Binding Arbitration 11H . Homeowners' Insurance Statement (Lead ❑ V. Sale of Buyer's J$ Other ❑ 1 . FIRPTA Based Paint) Property Q J. Interest-Bearing Acct. C1 Q. Housing for Older ❑ W. Back-up Contract Commissioners ❑ K "As !s" Persons ❑ X. Mck-out Clause Buyer's initials . • Page 10 of 1 i Seller's initia ls FloridaReaRorsMoWa am Rev. 6/10 ® 2010 Florida RealtorsO and The Florida Bar. AN rights reserved. — 409 Comprehensive Rider to the Attan0c Shores Properties, Inc. Residential Contract for Sale and Purchase TITS FORM HAS BEEN APPROVED BY TETE FLORIDA REALTORS AND THE FLORIDA BAR If initialed by all parties, the clauses below will be incorporated into the Florida Reaitorsti}11Florida Bar Residential Contract For Sale AndPurchase between WIWI r Langdon and Sandra Langdon, husband and wife (SELLER) and lndian fdver County, Board of Counfy Commissioners (BUYER) concerning the Property described as DAVILLA PARK SUB BLKIBLDG LOT i PBUOR BK' PBI3-69 Buyer's Iniffais Seller'slnitiais / toe Z. BUYER'S ATTORNEY APPROVAL This Contract is contingent upon Buyers attorney approving this Contract. If Buyef's attorney disapproves this Contract, then Buyer may terrninate this Contract by delivering wrifte.9n notice to Seller on or before 44a G . Sf ZZo�/ t and Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all further obligations under1#fi's Contract i page l of Comprehensive Rider to the Residential Contract For Sa)e And Purchase CRA Rev. SM 0 O 2010 Florida Realtors® and The Florida Bar- All rights reserved. ALTA soRwers and added fornwaing O MI Alla Star Schwa's, all dghft rsaar.ad. • www.afl i r com - torn 279.8898 vaw ReV 0PZK03033Y1021 ,�� 410 IN WITNESS WHEREOF , the undersigned have approved and executed this Residential Contract for Sale and Purchase . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA p,, ,° P11lp pq„b . e"A%�SS o�ItCyOoe ase` 40 . oq BY : ; a :; • o • . 4 ` V se E . Flescher , Chairman00 0 •. .�a �' Pp 08-20-13 °`�y0�q • 0 Gita °°� .r BCCA roved : N ° °44U 4 .11 inn • • •• Approved : B Jo h A . aird Co ty Administrator Attest: Jeffrey R . Smith , Clerk of Co rt and Comptroller berputy Clerk Approved as to form and legal sufficiency illiam K . DeBraal Deputy County Attorney IN WITNESS WHEREOF , the undersigned have approved and executed this Residential Contract for Sale and Purchase. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman BCC Approved : Approved : By Clh A JoPhA , acrd Coinistrator Attest: Jeffrey R . Smith , Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and . legal fficiency William K. DeBraal Deputy County Attorney 411 0 10 20 40 ATTENTION IS DIRECTED TO THE FACT TgkT THESE PLANS MAY HAVE BEEN REDUCED IN 1 1-P. F0. SIZE BY REPRODUCTION. THIS MUST BE NW CORNER CONSIDERED WHEN OBTAINING SCALED DATA + LOT 6P. FND GRAPHIC SCALE �NE 'CORNER IIn n:� (1N Pte) LOT 2 o , � (IN PARK , 3 , PG . 69 1 a I 0; I ,. . ° U 32-39-33-00002-0000-00002.0 ' +V) v n MILLER, DAVID J & ERIN SMITH IF +5� °D °D O C WOOD FENCE O .R.B. 1891 , PG. 2428 � u i NN 5/8" I.R. SET IF I IF "I. R. CO NTY" - • « 1290077 (F 4611291 6' (P� q4w'' I.P. FMtDL, PO�C "w7m i 89'29'5 �� k 1. (F)&(C) WO OAK L 0 o t '36"(F) stpnc TANK 0'05" C 12"1 PALM I O � o rr D � v o =JrCL CONC SIF,�PS r C Lo . ,p' � 4 � CONC STEPS LLL +� 2*0 PALM in 0 0 C47 t o (D0. w DO 1 y2 e � +� oWm o 9' FIFO � 0 3 NN W ,1 . . • „ C nI Ism tL f? p G �D • . : C0 D Foe IF 609' �• 1f j IF .� - rjg, ql .3: •O' �; � � 41 - �I W7 • /v $ DO LOT 1 PAD . • 4 LLJ a ," IF Of 32-39-33-00002 0000 1 .4 z^ ', "°rFF Ids' j LANGDON, WILLIAM & SA DRA T• tS e � . . � o Z x O.R.B. 1233, PG. 2 iA LSI o � _. _._. .� o POSED Q k N m PROPOSED 25' CORNER 89'21 '26"(F) ULTIMATE 48.0 OAK 1 Ly . 890'37'0 89023' (P) RAW 9003705 1CCti Flit f2 I ( F) 129 . 16 ' ( P) = IND .) �W LINA 7.5 EXISTING R W LINE 2a1 3"x3p C.M. FND 6' WIDE HOGE ^ 00 W/BRASS SCR Cn 9 Fill (A O IF ER Lo In a OD 26TH STREET (R/W VARIES) m I m d k a SOUTH LINE SECTION 33 TWP 32S SURVEYOR'S NOTES I . R . F.W . M . D . SUB—LATERAL A- 3 CANAL ( 30' R/W) TWP 33S /. THE PIAT FOR DAMUA PARK SHOWS AN ANGLE AT THE SOUTHWEST PROPERTY CORNER ONLY. THIS ANGLE, ALONG WITH THE DISTANCES SHOWN ALONG THE LOT LINES, WAS USED TO CALCULATE THE OTHER ANGLES SHOWN HEREON. €€ii 2. ONLY ABOVE GROUND APPURTENANCES AND VISIBLE UTILITIES HAVE BED! LOCATED., UNDERGROUND IMPROVEMENTS SUCH AS UJILMES AND 6 FOUNDATIONS WERE NOT L.00MTED EXCEPT AS SHOWN. i 3_ THIS SURVEY WAS PREPARED WITH THE BENEFIT OF A TIRE POLICY (FILE Na 43080255) PREPARED BY ATLANTIC COASTAL LAND TITLE COMPANY, L.L.C. AND C:ERIMED TO INDIAN RIVER COUNTY ON THE DATE OF AUGUST 1 , 2013. 4, THE SUBJEIC•f PROPERTY CONTAINS 0.33 ACRES, 14,30D SQUARE FEET, MORE OR LESS. S. THE FIELD WORK FOR THIS SURVEY WAS COMPLETED BY INDIAN RIVER COUNTY PERSOND. ON THE DATE OF AUGUST e, 2DI3. 6. THIS SURVEY MEETS AND/OR EXCEEDS THE ACCURACY REOUIREMEIM FOR A BOUNDARY SURVEY PER FLORIDA ADMINISTRATIVE CODE. THE HORIZONTAL CONTROL POINTS USED FOR THE PREPARATION OF THIS SURVEY WERE PART OF A CLOSED-LOOP TRAVERSE THAT HAD A RMTIVE ERROR OF CLDSURE EXCEEDING 1 PART IN 186,000. r 7. ALL DISTANCE SHAWN MEREON ARE EXPRESSED IN US. SURVEY FEET. 8. THIS MAP IS WtENDED TO VIC DISPLAYED AT A SCALE OF 1 '=20' OR SMALLER LEGAL DESCRI , SYMBOLS AND ABBREVIATIONS LOT I , DA 16- F, SWDgVIS1QN, AGCORDING A/CwAlR CONDITIONER PG-=PAGE TO THE PLAT- +CFIF,AECF% RRC()RpED W PtAT (C)=CALCULATED DISTANCE OR ANGLE P:B.=PLAT. BODX BOOK 3, PAGE 89 ' �F .TIFIE PUKE , RECORDS GM.=CONCRETE MONUMENT P.P.=POWER POLE OF INDIAN RIVER kCO�Y, FLOFUM CERTLFIED TO: CONCmCONCRETE RGE=RANGE OF BANK SURVEYOR+S '$ERTIFICATION INDIAN RIVER COUNTY (F�FiE1D MEASURED COURSE R/WeRMHT-OF-wAY BOARD OF COUNTY EP,=EDGE OF PAVEMENT T.O.B.+TOP COMMISSIONERS FND=FlDUND TRIP=TOWNSHIP y J I.P.=LRON RPE U.G.E.=LNDERGROLND ELECTRIC RvEfdk AND MAPPER IN RESPONSIBLE 3SIFIAJkGE& LR.=IRDN ROD W/ WITH - DAVID iA. -SILON, P.S.bI. Iy0 . 613 • I.R.F.W.M.D.=IN M RIVER FARMS WATER W.M-=WATER METER MANAGEMENT DISTRICT 0=p�AM�� VIDIAN RIVER COU14TY A5$16iA1$T ;tOUNTY SURVEYOR . O.R.B.=OFFICIAL RECORD BOOK Lwt - =OVERHEAD ELECTRIC (P)=PLAT DISTANCE OR ANGLE lt3t)lAN R1)'SD IcoviNTY THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL AmmakmemADEPARTIMT 010 T;LIBLLC. IORKS ��r• ,•,�� OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER seWGn�va »ivL�ll1_�oRrslr secTWox +m+ 2'/Wi+ smnr .ss elAxoraonv i+x-+s DAVILLA PARK SUBDIVISION LOT 1 1 _.. ., ewa+c+, ,�. sts VM w�m _ - � . �+ 1348 BOUNDARY SURVEY 1 IF 412 R l VED OWNER ' S POLICY OF TITLE INSURANCE CO UNJAN ® ` °� ' ¢ (with Florida Modifications ) ®F 7� ORNEy,S * Policy Number OXFL =08228747 File Number : 43080324 * * * 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 ) mpersonation;( 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 855 21ST STREET, STE C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CENTERSTATE BANK BLDG, 2ND FLR A Stock Company VEROBEACH , FL 32960 PHONE : 772-569-4364 400 Second Avenue South, Minneapolis, Minnesota 55401 PHONE : (612) 3714111 By President Authorized Officer or Licensed Agent ORT Form 4309 FL �(/ /Q) ALTA Owners Policy of Title Insurance 6.17-06 (with Florida Modifications) Attest �` ' Secretary 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 2 CONTINUATION OF INSURANCE be increased or decreased by endorsement to this policy, increased 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 an estate or interest in the Land , or holds an obligation secured by Schedule A. a purchase money Mortgage given by a purchaser from the Insured , ( c ) " Entity" : A corporation , partnership, trust, limited liability 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 liability to the Insured Claimant under the policy shall be reduced ( 2 ) if the grantee wholly owns the named Insured , to the extent of the prejudice . ( 3 ) if the grantee is wholly-owned by an affiliated 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), ( B ), ( 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 ( e ) " Insured Claimant" : or Insured claiming loss or damage . ( a ) Upon written request by the Insured , and subject to the options contained in Section 7 of these Conditions , the Company, at its (f) " Knowledge " or " Known " : Actual knowledge , not constructive own cost and without unreasonable delay, shall provide for the knowledge or notice that may be imputed to an Insured by reason of defense of an Insured in litigation in which any third party asserts the Public Records or any other records that impart constructive a claim covered by this policy adverse to the Insured. This obligation notice of matters affecting the Title . 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 by law. 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 Date of Policy for the purpose of imparting constructive notice of establish the Title , as insured , or to prevent or reduce loss or matters relating to real property to purchasers for value and without damage to the Insured . The Company may take any appropriate 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 . 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 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 ( a ) 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. ( d ) Each endorsement to this policy issued at any time is made a 13 . RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT 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 Claimant shall 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 Land is 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 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 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 : 43080324 Policy No : OXFL- 08228747 Effective Date : September 19 , 2013 at 8 : 33 AM Amount of Insurance : $ 85 ,000. 00 Address : 2605 47`h Ave . , 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 County, State of Florida, and is described as follows : Lot 1 , DAVILLA PARK, according to the Plat thereof, as recorded in Plat Book 3 , at Page(s) 69 , of the Public Records of Indian River County, Florida. Pol I - Policy Insert Page I OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Owner' s Title Insurance Policy Countersigned : tuth ri gnatory ATLANTIC COASTAL LAND TITLE COMPANY, LLC 855 21 " St. , Suite C , Vero Beach , Florida 32960 Telephone : 772 - 569 -4364 Pol I - Police Insert Page 2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Owner' s Title Insurance Policy LJ:1 Agent's File No : 43080324 Policy No : OXFL-08228747 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 --- 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 2013 and subsequent years . 4 . Easements for utility and drainage purposes, as shown and/or reserved on Plat of Subdivision recorded in Plat Book 3 , at Page(s) 69 . 5 . Restrictions , reservations and limitations , as typified by those contained in that certain instrument recorded in O. R. Book 280 , at Page 470 . 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. Pol l - Policy Insert Page 3 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Owner' s Title Insurance Policy 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 l - Policy Insert Page 4 A. Settlement Statement Prepared by: Atlantic Coastal Land Title Company, LLC (HUD-4) 855 21st Street, Suite C, Vero Beach, Florida 32960 OMB No. 2502-0265 B. Type of Loan 6. Fic Number 7. Loan Number 8. Mortgage Insumacc Cau No. 1 . ❑ FHA 2. 11 FmHA 3 . ❑ Conv. Unins. 4. ❑ VA 5 . ❑ Conv. Ins. 43080324 C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o. c. ) " were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D ""A¢ "NDAD° ESSOFBOR"ON° Indian River County, a political subdivision of the State of Florida 1801 27th St Vero Beach, FL 32960 E NA)& MDADDRE% OF=FLLM: William Langdon and Sandra Langdon, husband and wife 2955 8TH ST Vero Beach, FL 32966 F. NAAff ANDADDRE== OFI.FNDM N/A °. TM � 2605 47" Ave., Vero Beach, FL 32966 J. SETRF/.>ENTDATE K =E MBP TAD : Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C. Vero Beach, Florida 32960 September 12th 2013 wo Pei a 1111M I [111a0w If Iwo N lien 0 (tome III] N tillftyj Pal 101 . Contract Sales Price $ 85,000.00 401 . Contract Sales Price $ 85,000.00 102. Personal Property 402. Personal Property 103. Settlement charges to borrower: $ 11347.70 403. 104. 2013 RE Taxes $ 627.35 404. 105, 405. 107. County Taxes Closin Date to 12/31 $ 0.00 407. County Taxes Closing Date to 12/31 $ 0.00 108. Assessments to 408. Assessments to 109. 409• 110. 410, 111 , 411 , 112. 412, 120. GROSS DUE FM BORROWER: $ 86,975.05 420. GROSS DUE TO SELLER: $ 85,000.00 1 i 201 . Deposit or earnest money 501 . Excess deposit (see instructions) 202. Principal amt of new loan $ 0.00 502. Settlement Charges to seller. $ 5, 100.00 203. Existing loans taken subject to 503. Existing loans taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. Real Property Taxes $ 1 ,056. 86 207 507. Utility Lien, City of Vero Beach $ 777.44 208, 508. 209. 509. w ., . , i - , a 211 . County Taxes I / 1 - Closing Date $ 627,35 511 . County taxes 1/1 - Closing Date $ 627.35 212. Assessments to 512. Assessments to 213. 513, 214, 514, 215, 515, 216, 516, 217, 517. 218, 518, 219, 519. 220. TOTAL PAID BY/FOR $ 627.35 520, TOTAL REDUCTIONS IN $ 7,561.65 BORROWER: AMOUNT DUE TO SELLER: 301 . Gross amt due from borrower $ 861975 .05 601 . Gross amt due to seller $ 85.000.00 302. Less amt paid by/for borrower $ 627.35 602. Less reductions in amt due seller $ 7 ,561 .65 303. CASH FROM BUYER: $ 86,347.70 603. CASH TO SELL11 E 1111 R: $ 779438.35 HUD4 (3-86) RESPA, HB 4305 .2 L. SETTLEMENT CHARGES 700. TOTAL SALES/BROKER COMMISSION: $5 , 100.00, BASED ON PRICE OF PAID FROM PA IDFROM $85,000.00, @all 6% BORROWERS SELLER'S FUNDS AT FUNDS AT 701 . $2,550.00 to Atlantic Shores Properties SETTLEMENT SETTLEMENT 702. $2,550.00 to Dennis Lamer 703. Commission paid at settlement $ 5, 100.00 1 . 801 . Loan Origination fee % to 802. Loan Discount % to 803. Appraisal Fee to: 804. Credit Report to: 805. Lenders Inspection fee to: 806. Mortgage Insurance application fee to: 807. Assumption fee to: 808. 809, 810, 811 . MMUNISOMEM 901 . Interest from to @ $ /day 902. Mortgage insurance premium for mos to 903. Hazard insurance premium for yrs to 904. Flood insurance premium for yrs to 905. 1001 . Hazard insurance months @ $ per month 1002. Mortgage insurance months @ $ per month 1004. County property taxes months @ $ per month 1006. Flood insurance months @ $ per month 1007. Aggregate Adjustment Amount I 100o Tiff LE CIL% RGES: 1101 . Settlement or closing fee to Atlantic Coastal Land Title Company, LLC $ 225.00 $ 0.00 1102. Abstract or title search to Atlantic Coastal Land Title Company, LLC $ 85 .00 $ 0.00 1103 . Title Examination to Atlantic Coastal Land Title Company, LLC $ 477 .75 $ 0.00 1104. Title insurance binder to 1105 . Document preparation to 1106. Notary fees to 1107. Attorney's fees to 1108. Title insurance to Atlantic Coastal Land Title Company, LLC $488.75 $ 488.75 $ 1109. Lender's coverage $ 1110. Owners coverage $ 85,000.00 1111 . Florida Comprehensive Endorsement (Form 9) 1112. ALTA Environmental Protection Lien Endorsement Form 8. 1 1113 1114. 1115 . 1201 . Recording fees: Deed $36.20 $ 36.20 1203 . State tax/stamps: Deed $ ; Mortgage $ $ 0.00 $ 0.00 1204. Intangible tax on Mortgage $ 0.00 1205 , 1206, ffKam 011111 1301 . Survey to 1302. Pest inspection to 1303 . Express delivery fees to Atlantic Coastal Land Title Company, LLC 1304. Wire Transfer Fee to Atlantic Coastal/CenterState Bank $ 15.00 1305 . Digital Archive/File Scan to Forensis Technologies $ 20.00 1306. 1307 . 1308, 1309. 1310, 1311 . 1312, 1400. TOTAL SETTLEMENT CHARGES (enter on line 103, Section r - and - line 502, section K) $ 1 ,347.70 $ 5,100.00 • I have carefully reviewed the HUD- 1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction . I further certify that I have received a copy of HUD- I Settlement Statement, Sellers: William Langdon Sandra Langdon Buyers: Indian River County, a political subdivision of the State of Florida 1 � l BMA f _ William K. DeBraal its Deputy County Attorney Some costs reflected hereon may be based on good faith estimates that require post-closing adjustment. Any variations in actual costs from those reflected hereon that result in overcharges or undercharges not in excess of $25 .00 to any party shall be credited to or debited against closing fees charged by Atlantic Coastal Land Title Company, LLC. It is further understood, and the parties hereto agree, that all funds received by Atlantic Coastal Land Title Company, LLC may be placed in escrow accounts that may be subject to Overnight Repurchase Agreements between Atlantic Coastal and its depository bank. Interest earned as the result of such agreements, if any, is the property of Atlantic Coastal Land Title Company, LLC. The HUD- 1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Atlantic Coastal Land Title Company, LLC (Settlement Agent) Closing Date: September 12th, 2013 WARNING : It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U. S . Code Section 1001 and Section 1010. 3120140001508 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH , CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2729 PG: 2144 Page 1 of 5 1 /10/2014 4 : 30 PM RESOLUTION NO . 2014-_oni , A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR RIGHT-OF - WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF -WAY FROM THE PARENT PARCEL ( LOT 1 OF DAVILLA PARK, RECORDED IN PLAT BOOK 3 , PAGE 69 , OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA) . WHEREAS , on September 12 , 2013 Indian River County purchased on the open market Lot 1 , of Davilla Park from William Langdon and Sandra Langdon for future road expansion of 26th Street ; said conveyance was recorded in Book 2704 at Page 2099 of the Public Records of Indian River County , Florida ; and WHEREAS , the purpose of purchasing the property on the open market was to avoid expert witness costs and attorney' s fees that would be incurred through the eminent domain process at the time the right-of-way was needed ; and WHEREAS , the intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re-sold and put back on the tax rolls ; and WHEREAS , a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A" ; and 1 RESOLUTION NO . 2014- gni WHEREAS , a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit " B " ; and WHEREAS , it would be beneficial to designate by a recorded instrument the County' s designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps , as well as cut out the designated right-of- way from the parent parcel , thus alleviating any potential boundary issues that may surface in the future with respect to the re-selling of the remainder property identified in the attached Exhibit " B " , NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that : 1 . The portion of property as described and depicted on the attached Exhibit 'A ' is hereby formally designated as right-of-way; and 2 . This resolution shall be recorded in the Public Records of Indian River County , Florida ; and 3 . Upon the recordation of this Resolution , the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel , and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation . The resolution was moved for adoption by Commissioner Flescher, and the motion was seconded by Commissioner Davis and , upon being put to a vote , the vote was as follows : 2 RESOLUTION N0 . 2014- onL Chairman Peter D . O ' Bryan Aye Vice Chairman Wesley S . Davis Aye Commissioner Joseph E . Flescher Aye Commissioner Tim Zorc Aye Commissioner Bob Solari Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of January , 2014 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA �y4*0000t 0S0 * av•9s •.•, • , F . tom_'%: ! �c B Y �o? Peter D . O ' Bryan , Chairman io: •�4y� .'• ^�• ayK# .• a ATTEST : Jeffre R . Smith r of nd o tr er 01elPlow Deputy Clerk APPROVED AS TO FORtInnn AN"LAL FBRAAL ;) pU "t'Y CQUp4*nY ATT ORNEY 3 EXHIBIT " A " 40 0 20 40 80 I LOT 2 I R a 129 . 16 ' ( P ) Li GRAPHIC SCALE ( IN FEET) o � z LEGAL DESCRIPTION ( RIGHT — OF — WAY ) to o z d w '' a o A PORTION OF LOT 1 , DAVILLA PARK SUBDIVISION RECORDED IN ' W w DAVILLA PARK o PLAT BOOK 3 , PAGE 69 OF THE PUBLIC RECORDS OF INDIAN o � ° a P . B . 3o PG . 69 v RIVER COUNTY , FLORIDA, BEING MORE PARTICULARLY DESCRIBED a CID 01 w o AS FOLLOWS : M W i W ' z a= e LOT 1 Z BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 , DAVILLA PARK a) :5 z j o 32- 39 - 33-00002- 0000-00001 .0 W r LANGDON , WILLIAM & SANDRA ,y F > ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 3 , PAGE 69 M r ' I O. R . B. 1233, PG. 2404 o Q OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA , RUN � ' J = WESTERLY , ALONG THE SOUTH LINE OF SAID LOT 1 , SAID LINE LJ J - z LYING 55 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE z_ 5 , PROPOSED ULTIMATE R UNE _ - d* OF SECTION 33 , TOWNSHIP 32 SOUTH , RANGE 39 EAST , INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 129 . 16 FEET TO THE 3 WEST LINE OF SAID LOT 1 ; THENCE RUN NORTHERLY , ALONG THE WEST LINE OF SAID LOT 11 A DISTANCE OF 25 FEET TOA POINT; THENCE RUN EASTERLY , ALONG A LINE LYING 25 EXISTING EXISTING R/W LINE NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT R W LINE P . C , B . 1 , A DISTANCE OF 104 . 16 FEET TO A POINT LYING 25 FEET SE CORNER WESTERLY OF THE EAST LINE OF SAID LOT 1 ; THENCE RUN LOT 1 NORTHEASTERLY A DISTANCE OF 35 . 6 FEET, MORE OR LESS , TO A POINT ON THE EAST LINE OF SAID LOT 1 , SAID POINT LYING 50 1n 26TH ' STREET ( R/W VARIES) FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 1 ; THENCE RUN SOUTHERLY , ALONG THE EAST LINE OF SAID LOT 1 , 8 co A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING . < CONTAINING 3540 SQUARE FEET, OR 0 . 08 ACRES , MORE OR j SOUTH UNE SECTION 33 TWP 32S LESS . �_— TWP 33S I . R . F.W . M . D , SUB- LATERAL A- 3 CANAL (30' R/W) NOTES 1 , THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON , LEGEND I . R . F .W . M . D . = INDIAN RIVER 21 THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL FARMS WATER MANAGEMENTAPPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL DISTRICT STANDARDS AS ESTABLISHED IN CHAPTER 5J - 17 , FLORIDA O . R . B . = OFFICIAL RECORD ADMINISTRATIVE CODE . - C E RYIff KATION BOOK SU E R AN A . Eft IN lESPONSIBLE HARGE ( P ) = PLAT 3 . THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD N it P . B . = PLAT BOOK SURVEY . EXISTING PROPERTY CONDITIONS OR FEATURE ARE NOT PG . = PAGE SHOWN . DA 1 IDATE P . O . B . = POINT OF BEGINNING THIS IS NOT A BOUNDARY SURVEY FLORIDA REGISTRAT N NO > P S M . 4864 R/W = RIGHT - OF - WAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION INDIAN RIVER„ COON; ISURVEYOR SHEET DRAWN BY: SECTION LOT 1 DAVILLA PARK INDIAN RIVER COUNTY ADMINISTRATION BUILDING0,1- Dept . of Public Works B . ROACH R /W ACQUISITION1801 27th STREET APPROVED BY 33 - 32S - 39E VERU BEACH, FL 32960 : Engineering Division D . SCHRYVER SKETCH DESCRIPTION F 1 ( 772) 567- 8000 EXHIBIT " B " 40 0 20 40 80 I � LOT 2 GRAPHIC SCALE ( IN FEET) 0 � " 3 LEGAL DESCRIPTION o oz o CL T a LOT 1 , DAVILLA PARK SUBDIVISION RECORDED IN PLAT BOOK 3! 19 PAGE 69 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , o W � a FLORIDA , LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL : v 0 c6 06 w o I Li BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 , DAVILLA PARK mg a 1 0 1 . w ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 3 , PAGE 69 I z 3 _ I > OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA , RUN a M D 0 4 � ' I o Q WESTERLY , ALONG THE SOUTH LINE OF SAID LOT 1 , SAID LINE Iw S LYING 55 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE z 25 - K OF SECTION 33 , TOWNSHIP 32 SOUTH , RANGE 39 EAST , INDIAN - - - - RIVER COUNTY , FLORIDA, A DISTANCE OF 129 . 16 FEET TO THE 3 PROPOSED ULTIMATE R/W LINE I w WEST LINE OF SAID LOT 1 ; THENCE RUN NORTHERLY , ALONG THE WEST LINE OF SAID LOT 1 , A DISTANCE OF 25 FEET TOA m N N I POINT; THENCE RUN EASTERLY , ALONG A LINE LYING 25 I - NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 129 . 16' ( P) _ _ — EXISTING - - 1 , A DISTANCE OF 104 . 16 FEET TO A POINT LYING 25 FEET EXISTING R /W LINE R W LINE P , O . B , WESTERLY OF THE EAST LINE OF SAID LOT 1 ; THENCE RUN SE CORNER NORTHEASTERLY A DISTANCE OF 35 . 6 FEET , MORE OR LESS, TO A LOT 1 POINT ON THE EAST LINE OF SAID LOT 1 , SAID POINT LYING 50 (NOT INCLUDEDFEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 1 ; Ln IN PARCEL) THENCE RUN SOUTHERLY , ALONG THE EAST LINE OF SAID LOT 1 , o n 26TH "' STREET ( R/W VARIES) A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING . c6 < CONTAINING 10 , 480 SQUARE FEET , OR 0 . 24 ACRES , MORE OR SOUTH LINE SECTION 33 TWP 32S LESS , TWP 33S b I . R . F. W . M . D . SUB - LATERAL A- 3 CANAL (30' R/W) NOTES 1 , THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON . LEGEND I . R . F . W . M . D . = INDIAN RIVER 2 . THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL g FARMS WATER MANAGEMENT APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL DISTRICT STANDARDS AS ESTABLISHED IN CHAPTER 5J - 17 , FLORIDA O . R . B . = OFFICIAL RECORD ADMINISTRATIVE CODE . CERTI CATION BOOK 3 SUR 0 ANQ. AP _ RE'SPONSIBL CVA ( P ) = PLAT 3 . THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD N P . B . = PLAT BOOK SURVEY . EXISTING PROPERTY CONDITIONS OR FEATURE ARE NOT PG . - PAGE SHOWN , DA D W . S H . R VTP P . O . B . = POINT OF BEGINNING THIS IS NOT A BOUNDARY SURVEY q FLORIDA REGISTRATIO Cy , P . S. M . 4864 R/W = RIGHT — OF— WAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION INDIAN RIVER COUNTY SURVEYOR SHEET DRAWN BY: SECTION LOT 1 DAVILLA PARK INDIAN RIVER COUNTYADMINISTRAT.IQN BUILDING - @=peubfic Works B . ROACH REMAINDER PARCEL1801 27th. -STREET - APPROVED BY: 33 - 32S - 39E VERO BEACH, FL32960 . ivision D . SCHRYVER SKETCH DESCRIPTION (772) 567-8000