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2011-119
A TRUE COPY CERTIFICATION ON LAST PAGE I J . K. BARTON , CLERK p BILL Dgq � L 5m IT* 11 Fo pwv► t �- Suos c o i3.A ' Gom,mot,W Cantooct F7.ORlt?AMOCiA110N OF REAt.TORS D t 1. PARTIES AND PROPERTY: Indian-River County t"SisYei'7, 2 agrees to buy and Sun 'truscftnk.. ' agrees to salt the ,preperEy descrttted s< Stt eat AddtesS:; � 88 ' 41st Stteewt Verb Btiacii wFL 3'2887 legal Aescrip5on* ...... !gAttachmAnj„ , 8 aad he toQowing Persona[ Property SiEe Diens, Cnnstrue#ion Plans and Environmerrtai Reoorta 8: is s (ail c oliocavety referred to as the ”Property") on thief terms and condttions set forth below, 10 2. Pt1RCHASE PR{GE. $ ii (ay Deposithold in esarowby RM14ANEW 12 E"EscrowAgent1 ;chiO sutra1aa4wpt• wt do a 13 eserowAgerrt's address: N A Phone: N►A i4 _ `41 (b) Addttivnal `deposit to be made to >+scrowAgent within - NIA days :after Etiecbve !?ate � ,. fllA is (c) Additional deposit tb be made to EscrowAg,ent within . NJA,. doys'after Eifectlue Date $ t~itA rB (d) TatalPh acing (as reterericed In<Paragraph 6) g NIA t7 (e) Other: NIA $ bt!!# ie (ftA>l deposits wlti be credited to fife =p�rchase pri©e. at otosing .' Balance tc� class; ct � tt�ft�`� sg togd1justfjwdntt.and prmratioris; to be paid locally with .darwn cettlfted be cashier's al ba k 20 cheokorwire transfer o�� . ,► ( lt ° 21 3. TIME FOR ACOEPTANGE .EFFIE", ve ChATB, dd.MOUTATIO OfA21011 .:��niess #his offer #s signed by �ellarand Suysr 22 and an exewt+isd copy dettvereEl to alt parties o f or taefote � Ma tills offer will be Wthdraun and the 23 gnyer's deposit, tf fir, WtIU be xeturrted: The time for acceptance of any &Monter offer Wfie .3 Oays from the date the counter 24 offerIs delivered, The "Effectivtr:L3aRe" oftits Ca:t#sao is the date on wailob ttt8 la s gone of the Selfer and Buy#r has signed 2e ar days WID be useoMhen coMputirotime periods, es rept 28time per3o s of a days ac tass. ; Xftrie periods f 5 days ot:less v�illl tae=oornptited without loglr ding Saturday,:S'undair, or natant0egal Zr holidays. Ariy 3infe period ending on a Satucd y Sunday, or nattonai legal holiday will extend untie 5:00 p^ of the next'busink 28 fay. Tune is of the essence lrt this Cent rdcG 2e d. CLOSING DAIS ANt}Li7CA11Cir1: 3��= {a) Ctosing date;. This transaction will bo 'closed on June 2' - 2611 ( ng L1ate}, unless ipeaficaity . 3i Extended by other pmvisicns of this Cantiact . The ClosirLq Oatevualtprevaai overoll other ma pe ods Including, but not timlted 32 to, Finanofng sad Due;Diligence periotts. .tn tete=euentinsuran undarwritingts•sttspentltua on tolosing Bate and buyer is unatsle 33: to obtainproAarty insurance, 8uyer.rney postpone ctpsing up to 5 days 2ftei the-lnstironce underw.n rsg susponalan is lifted. 34 (b) L;ocapow ;lasing will take . rte in lndloa River, County, Florida. (If {eft_ blank, 36 cbsing vA ttake place in the co b , ere !h Property is tooated ) C,losing mai/ be: condu d by mall or electronic means: SB $oyer i )t t and Seiler (� ,� .acknawledge repelpt ;or a ovy:cf thlavage, which ispage t ol7 Pages.. 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BARTON , CLERK UM person s1qft this Contmoct an behalf of a pony ftt is a kwma W* mpmowft WW warmu to ft 0"t pally Iflot , 194 COMMON JSe2 attached 2H ftnehm ipt BUM Indlan Rbmr County TU 10 No 207 (Typed or - . Name of Buyer) Telephmm Dates (swabn of .30t Tax ID No* W (Typed or Pdnted Name d Buyer) 303 TM 114 . = r 304 Buyeft Address tr opurpon of nodow 1801 271h Street v"a 5206 FL 321W li r 308 Burk That RankU Stan 310 TIM ! � � 311 Date. Slab 312 (Sfghvkn of ftHer) 313 Tm ID No* 3t4 (T*d of PdAted NOM9 Of 8011180 316 vea . 1 Tdephonw 317 Fec"Im U&L coo Seller ' Y IN WITNESS WHEREOF , the undersigned have approved and executed this counter offer to the Commercial Contract on this 17th day of May 2011 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari , Chairman arm : � Y BCC Approved : May 17 , 2011 �� '• Approved : " ' _ 'Pt � **041040460 a . STATE OFFLORtDA INDIAN 0WF1 d6QNTY B THtStSYOCERTI�tfTHATT�)SIS "y A TQEAND CORR<:CT COPY.OF Jose h A . Baird THMO� PIINALONPIL) MIT IS County Administrator OFF(GE<v ,rr `A 9". As N, CLEi K.' r, BY ~ ` D.c. Attest: Je K . Barton , Clerk of Court DATE At Deputy Clerk Approved as to form and leg sufficiency Ali William K. DeBraal Deputy County Attorney A TRUE COPY CERTIFICATION ON LAST PAGE J .K . BARTON , CLERK FUR Legal DeoWption for Parcel 323927000090110000020 Page 1 of 1 Parcel: 32392 '00009011000002.0 1 Fun Legal Dowliption INDIAN IUVBR FARMS CO SUB PBS 2.259 BEINQ A POR OF TR 1 I . BEINO MO RE FULLY DESC AS FOLLOWS: COM AT NW COR OF TR 1 I ; TH RUN S 89 DEO 57 MIN 32 SEC E (BASIS OF BEARMOS) ALONG N LINE OF SA ID TR I 1 A DISTOF 654.60 FT TO W LINE OF E 20 AC OF AFOR ESA1D TR a I ; THS 00 D EG 17 MIN Sl SJ3C W A DIST OF6OA0FTTO P08; TH N 89 DEG 57 MIN 32 SEC W A DIST OF 510.00 FT; TH S 00 DOG 17 MIN Sl SEC W A DIST OF 23500 FT; TH S 89 DEG 57 M IN 32 SEC E A DIST OF 310.00 FT; TH N 00 DEO 17 MIN 51 SEC E A DIST OF 23100 FT TO POB. >> i slose t tt #www ,kcpjLWoolsEFullLegalmpoc?ParcalIDoa32392700009011000002.0 4 W2011 1 ' 1 1 1 1 c f • i PIT c 1 1 i I i PIP i "71 it PI Ir19 .. M 1: 11 , • 1 1 1 TIP MI It! i TIT 4n , 1 PTI - n t - 11 r too ! u 1 11 1 ) � I1LLL ! II ! I 1 ! II 17 ( ) 1 � I lit , 1 11 ! 1 11w-1 r 1 I vA( : 11 ) : 11 � A ' , � In7l� -Pft dill ( 1 a ! ! n 111 �IPPTII, ITT, 1 . lig . . 1 PIT ) II . T, STOP ) It :17071jl . l .. I . w I ' 1 ! 11 ) ! 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LI r,I 11 4 117 fT;j 1 1tj 11 a 111 • It • 1 � I ' Voiwo! d wit ) I , I 11 f or 1 ' 1 14 1 11 11 . 1 1 1 - C 11I _ 1 11 ' f 1 1 I1 .. 1Tol I ) 1 1 , • 1 1 to . : I 77,U I 1 Ir • � t1 1 . ti _ _ _ _ V I -. i — ` 1 : 1 t 11 1 1 J I f I _ C t 1 t A — ii of Ir A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK SELLER BUS SUNTRUST BANK . aGcorgiabankingeorpomdon —� CRM FLORIDA PROPERTIES, I. I. C. aOeorgla limited ria Htycompany CRM CENTRAL PROPERTIES, I. I. C . a Georgia limited liabiitly company CRM MIO-ATLANTIC PROPERTIES. LLC , a 0omgia limited liability company By: CRM properties Mamga s LLC. Its sole member 64 s / By= Name: In d kwvv� Name: rifle: Tito: JOINDER BY LISTING AGENT AND SELLING AGENT To undersi pup Listing Agent and Selling Agent hereby adcmowWr and saw to the lbak rer Commissions" provisions contained in paragraph 4 of the bmg ft Addendum. The hoplag b a material inducement to Sdw enoerlag into the Contract and shall WPM* any contrary provision In nay agreement between or among Seller. Buyer, Listing Ageat aed/or Sel ft Agent. LISTING AGENT : SELL NO E Name• Name: Title: lista: 03/17/11 S A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK ! N WITNESS WHEREOF, the undersigned have approved and executed this Comrnerc'ra! Cantract 'on this ' ;_, clay of April LD1 .; BOARD qF COUNTY trflMMISK)IF I ERS INDIAN RIVER . 00M. NTY, FLQRlDA .•* IF E3Ye Bob an Chairman s IF BGC Approved : IF ' FF IF I IF 9 •• . .. . +orip .•- RF Approved : IF By . . _ Joie h X B . !r Counr AdrnIF lristra#or A test: Jeffrey K. Barton , Cferk of Court IF Ame ByIF Deputy Clerk Approved as fo forrn and !e al sufFiclency il(lam I IF 19 K6 , DeBraal Deputy County Attorney 91 b99 2149411 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2509 PG :637 , Pagel of 2 This instrument was prepared incident to 07%01 /2011 at 09: 23 AM , D DOCTAX PD the issuance of a title insurance contract, $6300.00 and is to be returned to: JEFFREY K BARTON , CLERK OF COURT Jason A. Beal Atlantic Coastal Land Title Company, LLC 3850 20th Street, Suite 4 Vero Beach, Florida 32960 ACLT File No. 41078542 Parcel No . 32-39-27-00009-0110-00002.0 SPECIAL WARRANTY DEED " This deed , made as of this 30th day of June, 2011, by SunTrust Bank, a Georgia banking corporation (as Grantor) ; and Indian River County, a political subdivision of the State of Florida, whose post office address is : 180127th St, Vero Beach, FL 32960 (as Grantee) ; (Wherever used herein, the terms "Grantor" and 'Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the contest 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: Being a portion of Tract 11, Section 27, Township 32 South, Range 39 East, according to the last general plat of lands of the INDIAN RIVER FARMS COMPANY SUBDIVISION, as recorded in PIat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida; being more particularly described as follows: Commence at the Northwest corner of Tract 11, of aforesaid Section 27; thence run South 89° 57 ' 32" East (basis of bearing) along the North line of said Tract 11, a distance of 654.60 feet to the West line of the East 20 acres of aforesaid Tract 11 ; thence run South 00° 17' 51 " West, a distance of 60 feet to the Point . of Beginning; thence run North 89° 57 ' 32" West, a distance of 510.00 feet; thence run South 00° 17 ' 51 West, a distance of 235.00 feet; thence run South 890 57' 32" East, a distance of 510.00 feet; thence run North 00° 17' 51 " East, a distance of 235.00 feet to the Point of Beginning. ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 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 warrants title to said land and will defend the same, only against the lawful claims of all persons owning, holding or claiming by, through or under Grantor; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). IN WITNESS WIEMOF, the said Grantor has caused these presents to be executed in its name, by its proper officials t$erelTto duly authorized, the day and year first above written. Ml �. t; L 4�$t�itl4F�ppsa ''x k SunTrust Bank, a Georgia banking LL KKK1k . .cy.� � ti .1 p, ._ corporation a eV Christyne L. Alb y First VicePresiden 'JfEs���` cgr staled and delivered in the presence of: !®E 0�$ISer l CHRISTINA D. REDMAN State of Flo ri a County of The foregoing instrument was acknowledged before me the date hereinafter given, by Chnstyne L. Albury; the First Vice President of the corporation/partnership named herein as Grantor and who executed this deed in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation/partnership; and who was 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 oresaid, this day of June, 2011. tipsy Pio, CHRISTINA 0 . REDMAN Notary Public • State of Florida Notary Public e My Comm . Expires Apr 15, 2013 Sip Alto o Commission # DD 871153 Bonded Through National Notary Assn. ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service , Florida Title Insurance Agency i Qap� SELLER' S AFFIDAVIT Before me, the undersigned officer, personally appeared the undersigned, Christyne L. Albury, being the First Vice President of SUNTRUST BANK ("Owner"), who being duly sworn according to law and intending to be legally bound, deposes and says to the extent of his actual knowledge, without investigation: 1 . Owner is the owner of a certain parcel or tract of real properly located in Indian River County, Florida, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). 2. There are no pending suits, proceedings, judgments, bankruptcies, liens or , executions served against Owner which could affect title to the Property. 3 . During the period of Owner ' s ownership of the Property, title to the Property has not been disputed or questioned, and there are no facts by reason of which either title to or possession of the Property might be disputed or questioned. 4 . There are no persons or entities other than Owner, as owner of the Property, in possession or with a claim to possession of the Property or any portion thereof, and there are no tenancies or leases affecting the Property, or any portion thereof, or rights of first refusal or options to purchase the Property, except as set forth in the exceptions to title identified in Old Republic Title Insurance Company Title Commitment Number 41078542, with an effective date of June 2 , 2011 at 5 : 00 p.m . 5 . There are no proceedings in bankruptcy or receivership pending against Owner nor has Owner ever made an assignment for the benefit of creditors. 6. No improvements or repairs have been made to the Property by or at the request of Owner during the ninety five (95) days immediately preceding the date hereof, the costs of which have not been paid in full or provided for, and there are no outstanding bills incurred by or on behalf of Owner for labor or materials used in making improvements or repairs on the Property or for services of architects, surveyors, engineers or others having lien rights. 7 . This Affidavit is given to induce Old Republic Title Insurance Company to insure the title to the Property, and Affiant understands that material reliance will be placed upon this Affidavit by all of the aforementioned parties , ed, sealed and delivered this _ day of 2011 in the presence of: r Notary Public Christyne L. Wbkiry a s My Commission Expires . �PpvPye.,• CHRISTINA D . REDMAN PZ `�a; Notary Public - State of Florida W* ; • My Comm . Expires Apr 15 , 2013 [NOTARIAL SEAL] = ,,�o1#114% , ,oP ,= Commission # DD 671153 Bonded Through National No Assn . EXHIBIT "A" Being a portion of Tract 11 , Section 27, Township 32 South, Range 39 East, according to the last general plat of lands of the INDIAN RIVER FARMS COMPANY SUBDIVISION, as recorded in Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County,. Florida; being more particularly described as follows: Commence at the Northwest corner of Tract 11 , of aforesaid Section 27; thence run South 89° 57' 32 " East (basis of bearing) along the North line of said Tract 11 , a distance of 654 .60 feet to the West line of the East 20 acres of aforesaid Tract 11 ; thence nun South 00" 1T 51 " West, a distance of60 feet to the Point of Beginning, thence run North 89 ° 57 ' 32 " West, a distance of 510.00 feet; thence run South 00° 17' 51 " West, a distance of 235 .00 feet; thence run South 89° 57' 32 " East, a distance of 510 .00 feet; thence run North 000 175 V East, a distance of 235 . 00 feet to the Point of Beginning. ORL 29UTA256x9 i 40 COPY BILI, O A KNOW ALL MEN BY THESE PRESENTS that SUNTRUST BANK, a Georgia banking corporation, whose mailing address is 303 Peachtree Street, N.E . , Suite 3600, Atlanta, Georgia 30308 , Attention: Legal and Regulatory Affairs Department (hereinafter referred to as "Seller"), in consideration of the sum of TEN DOLLARS ($ 10 . 00) and other valuable consideration paid by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27`h St. , Vero Beach, Florida 32960 (hereinafter referred to as "Purchaser"), the receipt and sufficiency of which are hereby acknowledged, does hereby, without representation by, or warranty or recourse against, Seller, grant, bargain, sell, transfer, assign and deliver to Purchaser, its successors and assigns, the following items of personal property : Site plans, construction 'plans and environmental reports, if any, located on or pertaining to, as applicable, the real property more particularly described on Exhibit "A" attached hereto. TO HAVE AND TO HOLD the said goods and chattels, together with every privilege, right, title, interest and estate thereto belonging or in anywise appertaining. SELLER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES AS TO MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES OR REPRESENTATIONS AS TO THE CONDITION OF THE PERSONAL PROPERTY, BY ITS ACCEPTANCE OF THIS BILL OF SALE, PURCHASER ACKNOWLEDGES AND AGREES THAT IT HAS INSPECTED THE PERSONAL PROPERTY AND ACCEPTS SAME IN THEIR PRESENT CONDITION, "AS 0% "WHERE IS", AND "WITH ALL FAULTS" AND AGREES TO PAY ALL . SALES TAXES PAYABLE BY REASON OF THE TRANSFER TO PURCHASER OF SAID PERSONAL PROPERTY. [SIGNATURE PAGE FOLLOWS] ITNESS WHEREOF, Grantor has caused this Bill of Sale to be signed as of this oq dray of June, 2011 . SUNTRUST BANK, a Georgia banking corporat' on By: Name : Christyne ury Title : First Vice President EXHIBIT "A" REAL PROPERTY Being a portion of Tract 11 , Section 27, Township 32 South, Range 39 East, according to the last general plat of lands of the INDIAN RIVER FARMS COMPANY SUBDIVISION, as recorded in Plat Book 2, at Page 25, ofthe Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida; being more particularly described as follows. Commence at the Northwest comer of Tract 11 , of aforesaid Section 27 ; thence run South 89° 57' 32" East (basis of bearing) along the North line of said Tract 11 , a distance of 654.60 feet to the West line of the East 20 acres of aforesaid Tract 11 ; thence run South 00° 17' 51 " West, a distance of 60 feet to the Point of Beginning; thence run North 89° 57' 32 " West, a distance of 510 .00 feet; thence run South 00° 17' 51 " .West, a distance of 235 .00 feet; thence run South 89° 5732" East, a distance of 510 . 00 feet; thence run North 00° 1751 " East, a distance of 235 .00 feet to the Point of Beginning. ORL 297, 914, 2580 �O O p � FIRPTA Affidavit Transferor' s Certification of Non4oreiw Status Section 1445 of the Internal Revenue Code provides that a transferee of a U . S . real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U. S . real property interest by SUNTRUST BANK (" SunTrust' , the undersigned hereby certifies the following on behalf of SunTrust: 1 . SunTrust is the owner of the property. 2 . SunTrust is not a foreign corporation, foreign partnership , foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 3 . SunTrust is not a disregarded entity as defined in Section 1 . 1445 -2(b)(2) (iii) of the Income Tax Regulations ; 4 . SunTrust' s U. S . employer identification number is 580466330 ; .and 5 . SunTrust' s office address is 303 Peachtree Street, N .E. , Suite 3600, Atlanta, Georgia 30308 , Attention : Legal and Regulatory Affairs Department. SunTrust understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. [SIGNATURE PAGE FOLLOWS ] Dated : June o , 2011 Signed and sealed in the presence of: SUNTRUST BANK, a Geo g' bankipg corp o a n witness #1 signature By: Print/tIamet Daniel "Wr Print Name : Chris e L . Albury witness #2 signature1 Print Name: C'',�j PTSTIN D. REDMl Its ' First Vice President (Seal) STATE OF FLORIDA ) r� SS : S a � COUNTY OF ORANGE } The foregoing instrument was acknowledged before me this day of June, 2011 by Christyne L. Albury, as the First Vice President of SJdAITRUST BANK, a Georgia banking corporation, on behalf of said corporation . She L T is personally known to me or U has produced as identification. Affix Notary StampfSeaX: NOTARY PUBLIC Print Name : My Commission Expires : + ++ + CHRISTINA d . RE]53 . .`�i► `Y pU��� Notary Public • State • n My Comm . Expires Ap rc Commission # DD %EO���°�`�•, Bonded Through National ri ORL 297, 914,2570 i OWNER ' S POLICY OF TITLE INSURANCE (with Florida Modifications ) * Policy Number OXFL '08040830 File Number: 41078542 * * * * 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 It * * * of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B , AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the " Company" ) insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1 . Title being vested other than as stated in Schedule A. 2 . Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a ) A defect in the Title caused by ( i ) forgery, fraud , undue influence, duress, incompetency, incapacity, or impersonation; ( ii) failure of any person or Entity to have authorized a transfer or conveyance; ( ii.i ) 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; (c1 the subdivision of land; or ( d ) environmental protection if a notice, describing any part of the Land , is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice, In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company. Policy Issuer: Countersigned. ATLANTIC COASTAL LAND TITLE COMPANY, LLC 3850 20TH STREET, STE 4 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY VERO BEACH, FL 32960 A Stock Company PHONE : 772-569-4364 400 Second Avenue South, Minneapolis, Minnesota 55401 J612) 3714 111 By ,I President Authorized Officer or Licensed Agent ORT Form 4309 FIL ALTA Owners Policy of Title Insurance 6.17-06 (with Florida Modifications) Attest Secretary z 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 B. 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 atcontractual condition requiring The following terms when used in this policy mean : the delivery of marketable title . ( a ) "Amount of Insurance " : The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased 2 . CONTINUATION OF INSURANCE by Section 8( b), or decreased by Sections 10 and 11 of these Conditions. The coverage of this policy shall continue in force as of Date of (b ) " Date of Policy" : The date designated as " Date of Policy" in Policy in favor of an Insured, but only so long as the Insured retains Schedule A. an estate or interest in the Land, or holds an obligation secured by ( c ) " Entity" : A corporation , partnership, trust, limited liability a purchase money Mortgage given by a purchaser from the Insured , company, or other similar legal entity. or only so long as the Insured shall have liability by reason of ( d ) " Insured " : The Insured named in Schedule A. warranties in any transfer or conveyance of the Title . This policy shall not continue in force in favor of any purchaser from the ( i ) The term The also includes Insured of either ( i ) an estate or interest in the Land, or ( ii ) an ( A ) successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given to the distinguished from purchase, including heirs, devisees, survivors, Insured, personal representatives, or next of kin; ( B) successors to an Insured by dissolution, merger, consolidation , 3 . NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT distribution , or reorganization; The Insured shall notify the Company promptly in writing ( i ) in case (C) successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5( a ) of these Conditions, ( ii ) Entity; in case Knowledge shall come to an Insured hereunder of any claim ( D ) a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title, as insured , and that payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable ( 1 ) if the stock, shares, memberships , or other equity by virtue of this policy, or ( iii ) if the Title, as insured, is rejected as interests of the grantee are wholly-owned by the Unmarketable Title . If the Company is prejudiced by the failure of named Insured, the Insured Claimant to provide prompt notice, the Company's (2 ) if the grantee wholly owns the named Insured, liability to the Insured Claimant under the policy shall be reduced (3 ) if the grantee is wholly-owned by an affiliated to the extent of the prejudice . Entity of the named Insured, provided the affiliated 4. PROOF OF LOSS Entity and the named Insured are both wholly-owned In the event the Company is unable to determine the amount of by the same person or Entity, or loss or damage, the Company may, at its. option, require as a condition (4) if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of loss. created by a written instrument established by the The proof of loss must describe the defect, lien, encumbrance, or Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the purposes , basis of loss or damage and shall state , to the extent possible, the ( ii ) With regard to (A), ( 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" : An Insured claiming loss or damage . ( a ) Upon written request by the Insured, and subject to the options (f) " Knowledge " or " Known " : Actual knowledge, not constructive contained in Section 7 of these Conditions, the Company, at its knowledge or notice that may be imputed to an Insured by reason of own cost and without unreasonable delay, shall provide for the the Public Records or any other records that impart constructive defense of an Insured in litigation in which any third party asserts 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 Knowledge . With respect to Covered Risk 5(d►, " Public Records " action under the terms of this policy, whether or not it shall be 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 FIL 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 r 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 : I ( 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, ( b1 To Pay or Otherwise Settle With Parties Other Than the Insured attorneys ' fees, and expenses, shall reduce the Amount of Insurance or With the Insured Claimant. by the amount of the payment. ( i ) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this ORT Form 4309 FL ALTA Owners Policy of Title Insurance 6.17.06 (with Florida Modifications) Page 4 CONDITIONS ( con't) 11 . LIABILITY NONCUMULATIVE 15. LIABILITY LIMITED TO THIS POLICY, POLICY ENTIRE The Amount of Insurance shall be reduced by any amount the Company CONTRACT pays under any policy insuring a Mortgage to which exception is taken ( a ) This policy together with all endorsements, if any, attached to it in Schedule B or to which the Insured has agreed, assumed , or taken by the Company is the entire policy and contract between the subject, or which is executed by an Insured after Date of Policy and Insured and the Company. In interpreting any provision of this which is a charge or lien on the Title , and the amount so paid shall be policy, this policy shall be construed as a whole . deemed a payment to the Insured under this policy. ( b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on 12 . PAYMENT OF LOSS negligence shall be restricted to this policy. When liability and the extent of loss or damage have been definitely (c ) Any amendment of or endorsement to this policy must be in fixed in accordance with these Conditions, the payment shall be made writing and authenticated by an authorized person, or expressly within 30 days . incorporated by Schedule A of this policy. 13 . RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT ( d ) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions . ( a ► Whenever the Company shall have settled and paid a claim Except as the endorsement expressly states, it does not ( i ) modify under this policy, it shall be subrogated and entitled to the rights of any of the terms and provisions of the policy, ( ii ) modify any prior the Insured Claimant in the Title and all other rights and remedies endorsement, ( iii ) extend the Date of Policy, or ( iv) increase the in respect to the claim that the Insured Claimant has against any Amount of Insurance . person or property, to the extent of the amount. of any loss, costs, attorneys ' fees, and expenses paid by the Company. If requested 16. SEVERABILITY by the Company, the Insured Claimant shall execute documents to In the event any provision of this policy, in whole or in part, is held evidence the transfer to the Company of these rights and remedies, invalid or unenforceable under applicable law, the policy shall be The Insured 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 Owners 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 : 41078542 Policy No : OXFL-08040830 Effective Date : July 1 , 2011 at 9 : 23 AM Amount of Insurance : $ 9009000.00 Address : 1 . The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is . Indian River County, a political subdivision of the State of Florida 2 . In addition to those referred to in Schedule B hereof, the land herein described is encumbered by the following mortgage(s) , and assignments thereof (if any) : None ! 3 . The land referred to in this policy is situated in the County of Indian River, State of Florida, and is described as follows : Being a portion of Tract 11 , Section 27, Township 32 South, Range 39 East, according to the last general plat of lands of the INDIAN RIVER FARMS COMPANY SUBDIVISION, as recorded in Plat Book 2, at Page 25, of the Public A Records of St. Lucie County, Florida ; said land now lying and being in Indian River County, Florida ; being more particularly described as follows : Commence at the Northwest corner of Tract 11 , of aforesaid Section 27; thence run South 891571 32 " East (basis of bearing) along the North line of said Tract 11 , a distance of 654 .60 feet to the West line of the East 20 acres of aforesaid Po12 - Policy Insert Page I . ,.. . OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Owner's Title Insurance Policy w Tract 11 ; thence run South 00° 17 ' 51 " West, a distance of 60 feet to the Point of Beginning ; thence run North 89° 57 ' 32 " West, a distance of 510.00 feet ; thence run South 000 17 ' 51 West, a distance of 235.00 feet; thence run South 89° 57 ' 32 " East, a distance of 510 .00 feet ; thence run North 00° 17 ' 51 " East, a distance of 235. 00 feet to the Point of Beginning. Countersigned: Authori ignat ry ATLANTIC COASTAL LAND TITLE COMPANY, LLC 3850 20t1 Street, Suite 4, Vero Beach, Florida 32960 Telephone : 772-5694364 Po12 - Policy Insert Page 2 OLD REPUBLIC )NATIONAL = TITLE INSURANCE COMPANY ' Owner' Title Insurance :Policy . Agent's File No: 41078542 Policy No : OXFL-08040830 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) 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. (b) Taxes or special assessments which are not shown as existing liens by the public records. (c) Any loss or damage arising from assessments resulting from the provisions contained in Florida Statute Section 720. 3085 , notwithstanding assurance to the contrary in any ALTA PUD Endorsement 5 . 1 or Florida Form 9 Endorsement which may be attached to this commitment / policy. SPECIAL EXCEPTIONS : 2 . The mortgage referred to in item 2 of Schedule A hereof, if any. 3 . General and special real property taxes and assessments for tax year 2011 and subsequent years . 4 . Ditches, canals and road rights of way (if any), as reserved or described on the plat of INDIAN RIVER FARMS COMPANY, as recorded in Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida, In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to herein, which indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, are hereby deleted. Note 1 : This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land insured hereby under any provision of the Florida Statutes including Section 159 . 17; and/or any county, municipal, or special •taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes. Note 2 : All references herein to recorded instruments, refer to recordations contained within the Public Records of the county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page Po12 - Policy Insert Page 3 OLD REPUBLIC. NATIONAL TITLYINSURANCE COMPANY Owners Title Insurance �Pol>ic Y of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument referred to. Pol2 - Policy Insert Page 4 i e A. Settlement Statement U. S. Department of Housing Prepared by: and Urban Development Atlantic Coastal Land Title Company, LLC awD41 3850 20th Street, Suite 6, Vero Beach, Florida 32960 OMB No. 2502-0265 Be Type of Loan F4a o FHA 2. o FmHA 3. o Conv. Unins, s. mom..wcmNa o VA 5. o Conv, ins. 41078542 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 hers for hilornationot purposes and are not included in the totals. Indian River County, a political subdivision of the State of Florida 180127th St Vero Beach, FL 32960 SunTrust Bank, a Georgia banking corporation 303 Peachtree St NE, 36° Floor Atlanta, GA 30308-3201 a,wiowm,,oms�m,aman NIA 3885 41° St., Vero Beach, FL ,ernmmrto�>g u .emr,amm Atlantic Consist Land Title Company, LLC n�dan�r 3850 20th Street, Suite 6, Vero Beady Florida 32960 June 30 2011 Li. ::;'.• SUMMARY' OfBuyet'S;TRA00. NSACTIONi ;s': :i;. ::iit ;':';t:c+.;';;+;;:; :IS::!-: ::s:E 3 N)ARl�QF.,_SBLI4R4S.:IRAN$AGTION : ii; =.` i : e. :s_ 101 . Contract Sales Price $ 900,0o0.00 401. Contract Sales Price $ 9000.00 102. Personal 402. Personal Property 103. Settlement charges to Buyer. ' $ 41968.50 403. 104. 2011 RS Taxes to 1RCTC $ 89981 .31 404. 105. 4034. .. . .. . . . ... . . • : :. ; .. . . . , .. .. . . . . ..... . .. . : :.: ..._, . ...:: .: .:- . . . . . . . . . .. . . ... . : .: .. ., ::. AD)U5f6�1LSFOR"IitiM$.PABSuySsM ZRIN: k VAN.t`Ri'`; :i`s': `: :AG]t1Ste�P1V15'POATI M$.ttAtD9YSBLtER'IN:i )►N s. i ': is"i '. :•'. ,1' . f.. 107. County Taxes Closing 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. 411 . 112, 412. 120. GROSS DUE FM Buyers $ 913,949.81 420, GROSS DUB TO SELLER( $ 900,000.00 201 . Deposit or earnest money $ 90,0(10,00 501. Excess deposit (see instructions) 202. Principal amt of new loan $ 0.00 502. Settlement Charges to seller $ 69,318.50 203. 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. Utility Lien to M Co. Utility Dept $ 2,045.26 2074 507. SunTrust Bank, Atlanta, GA $ 1,000.00 2086 5D8. 209. 509. . . . .. . . . . . ..... ... .. . :. APduStMBIVTS.FORITlms. VPA1 BYaEG[:E1 .. . .... . . 211. County Taxes I /1 - Closing Date E 8,981 .31 511. County taxes 1/1 - Closing Date $ 8,981.31 212. Assessments to 512. Assessments to 213; 513. 214. 514. 215. 515• 216. 516. 217. 517. 218. 518. 219. 519. 220, TOTAL PAID BX/FOR Buyer: $ 98,981.31 59A, TOTAL REDUCTIONS IN $ 81,345A7 AMOUNT DUE TO SRLLEII;: 301. Gross amt due from Bu er $ 913 949.81 601. Gross amt due to seller S 9000000.00 302. Less amt paid by/for Buyer $ 98.981 .31 602 Less reductions in amt due seller $ 8045.07 303. CASH FROM Buyers $ 814,968.50 603. CASH TO SELLER: $ 111 W4v93 HUD4 (3-86) RESPA, HB 4305.2 I 1 / . . . . 111 11 J1 • « • . PAID . . . PAED • . , • 11 111 11 C' 111 11BUYERS Sd ' S DIVISION OF COMMISSION ( Linc 7110 ) AS FOLLOWS : FUNDS 701a $27,000400SETTLEMENT1a rl 702p $36,000.00 to Bfird Realty r . 703. Commission paid at settlement 111 11 4110: ITEMS PAl•AB1 . 11: 1N CONNECTION "THI LWN : BOL Lon Origination 902. Loan Discount % to 8039 Appraisal Fee to: 8044 Credit Report too 8034 ider's Insoection fez to: 806. Mortgage Insurance application foe top : 1 : 1 • 1 900. ITE:11S REQUIRI?D BY Lf;NDEIt 'TO ISE: I'Alll IN ADVANCE : 901a Interest from to 0 S /day 902, Mortpilp insurance premium for mosto 111011, RESIFIZN IiS DEPOSITED WIT11 IJP NDE: R : loot . H=ard Insurance months@ $ per month 1002. Mortgage Insurance months 0 $ per month 1004. r. $ per month 1006. I00`7v Aggregate Adjustment Amount 111111, TITLE CILUtGEs I lot. Settlement or closing fee to Atlantic Coastal Land Title Company, LLC 22100 1 11 11029 Abstract cir-dile search to Atlantic Coastal Land Tide panyo LLC 1 rl 1 11 I FI 1 1105. Document preparation to 1106. Notary fees to 1197* Attomey's few to 1 : insuranceli 4v575400 0.00 1 ' a Lendoes coverage $ 1 ownces coverage s ' ll 111 11 I I 11. Florida Comprehensive En ement (Form 9)- 1112, ALTA Environmental Protection Lpicn Endorsement Form 8. 1 Iwu. coVE: ItNnIENT REa) RDiNG AND 'rltANSFFR cnARCIs : 1 Deed $ 18.50 1&50 1203* State tax/stampso Deed $6,300v00 0000 I 000.00 , . Intangible tax on Mortgage 040D 1205. Waiver of 1 . 1300. ADD1'TIONAL SETT LENIENT CI IARGES : 1 1 1 [ * Express delivery (bes to Atlantic �Land Title Company, EC1 1 1 . 1 1 : , . . 1 ffm i . I I 1 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a tme and accurate statement of all receipts and disbursements made on my account or by me in this transaction I farther certify that i have received a copy of HUD-1 Settlement Statement. Sellers: SunTrust Bank, a Georgia banking corporation By: Chrlstyne L. Albury its First Vice President Buyers: Indian River County, a political is n f the State of Florida B: A11A William DeBraal its Deputy County Attorney Some costs reflected hereon may be based on good faith estimates that require post-closing adjusmant. Any variations in actual coats from those reflected hereon that result in overcharges or undercharges act In excess of $23.00 to any party shalt be credited to or debited against closing fees charged by Atlantic Coastal Land Title Company, LLC. It Is further understood, and the partes 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 HUU- 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: June 301h, 2011 WARNING: It is a crime to knowingly make false statements to the United Slates on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details sea: Title 18 U. S. Code Section 1001 and Section 1010.