HomeMy WebLinkAbout2017-191A3120180002433
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3085 PG: 1406 Page 1 of 4 1/16/2018 8:39 AM
D DOCTAX PD $301.00
This Instrument Prepared by and Return to:
Jason Beal
Atlantic Coastal Land Title Company, LLC
855 21st Street, Suite C
Vero Beach, Florida 32960
Our File No.: 47083568
Property Appraisers Parcel identification (Folio) Number: A portion of 32-39-08-00001-0050-00002/0
Florida Documentary Stamps in the amount of $301.00 have been paid hereon.
Space above this line for Recording Data
WARRANTY DEED
THIS WARRANTY DEED, made the -0— day of January, 2018, by Melissa Dean and Donald Arthur Frost,
wife and husband, whose post office address is 6700 77th Street, Vero Beach, Florida 32967, herein called the
Grantors, to Indian River County, a Political Subdivision of The State of Florida, whose post office address is
1801 27th Street, Vero Beach, FL 32969, hereinafter called the Grantee:
(Wherever used herein the terrors "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, attd the successors and assigns of corporations)
W I T N E S S E T H: That the Grantors, for and in consideration of the sum of Ten and 00/100 ($10.00) and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of
Florida, viz.:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter.
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, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple;
that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant 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 accruing subsequent to December 31, 2017.
File No.: 47083568
IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above
written.
Signed, sealed and delivged ijie presence of:
(Seal)
n
Meliso Dea
�L (Seal)
Wald Arthur Frost
#2
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this /r/— day df' January, 2018, by Melissa Dean and Donald
Arthur Frost, who are personally known to me or have produced ��- as identification.
SEAL
•�1PRy p��� JASON A. SEAL
Notary Public - S?ate of Florida
•_= Commission # GG 017550
My Co r P•• Vf:comm. Expires Oct 11, 2020
Bonded through Nal National Notary Assn
File No.: 47083568
Notary Public
Printed Notary Name
LTF
Exhibit "A"
LEGAL DESCRIPTION
The North 30.00 feet of the South 80 feet of the following described Parcel as recorded in Official Records
Book 2331, Page 237, Public Records of Indian River County, Florida:
Tract 5 (less the West 30 acres thereof) and the West 20.82 acres of Tract 6, Section 8, Township 32
South, Range 39 East, according to the last General Plat of lands of the Indian River Farms Company
filed in the Offices of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Pages
25; said land now lying and being in Indian River County, Florida, excepting, however, the following
property:
From the Southeast corner of the West 30 acres of Tract 5, Section 8, Township 32 South, Range 39 East,
according to the last General Plat of the lands of the Indian River Farms Company filed in the Office of
the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, run East along the
South line of said Tract a distance of 99.83 feet to the Point of Beginning; thence run North 0 degrees 9
minutes West a distance of 192 feet; thence run East a distance of 96.45 feet; thence run South 0 degrees
9 minutes East a distance of 192 feet; thence run West a distance of 96.45 feet to the Point of Beginning;
said land now lying and being in Indian River County, Florida.
File No.: 47083568
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EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE
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OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK X PAGE 25, RUN EAST ALONG
THE SOUTH LINE OF SAID TRACT A DISTANCE OF 99.83 FEET TO THE JOINT OF BEGINNING; THENCE RUN NORTH 0'9'
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WEST A DISTANCE OF 192 FEET THENCE RUN EAST A DISTANCE OF 95.45 FEET; THENCE RUN SWT" 0'9' EAST A
DISTANCE OF 192 FEET; THENC!` RUN WEST A DISTANCE OF 96.45 FEET TO THE POINT OF BEGINNING; SAID LANDS NOW
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LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
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CONTAINING 20,929 SQUARE FEET OR 0.48 ACRES, MORE OR LESS.
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►. WESTCOR POLICY NO.
LAND TITLE INSURANCE COMPANY OP-25-FL1394-6372725
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
ISSUED BY
WESTCOR LAND 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, Westcor Land Title Insurance Company, a South Carolina 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:
Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
COVERED RISKS CONTINUED ON NEXT PAGE
In Witness Whereof, WESTCOR LAND 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 signa-
tory of the Company.
WESTCOR LAND TITLE INSURANCE COMPANY
Issued By: FL1394 * 47083568
Atlantic Coastal Land Title Company, LLC'Le IAIQ
� Q�O�m
855 21st Street, Suite C , �a�`��i'�y
Vero Beach, FL 32960ySFCk` elide t
r
''•s�M' * ��?, Attest:
Secret
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page l
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 zon-
ing) 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.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforce-
ment 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 at -
Cached 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 this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, pen -nit, or governmental regulation
(including those relating to building and zoning) restricting, regulat-
ing, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improve-
ment erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances,
or governmental regulations. This Exclusion 1(a) does
not modify or limit the coverage provided under Covered
Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or
limit the coverage provided under Covered Risk 7 or 8.
3 Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public Re-
cords at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been sus-
tained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other
instrument of transfer in the Public Records that vests Title as
shown in Schedule A.
OP -25 ALTA Owners Policy of Title insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 2
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 1 I
of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
. Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next
of kin;
(B) successors to an Insured by dissolution, merger, con-
solidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the
Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated En-
tity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-
owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not construc-
tive knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improve-
ments that by law constitute real property. The term "Land"
does not include any property beyond the lines of the area
described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways,
'or waterways, but this does not modify or limit the extent that
a right of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu-
rity instrument, including one evidenced by electronic means
authorized bylaw.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Court
for the district where the Land is located.
0) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition
requiring delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
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 a
purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of war-
ranties in any transfer or conveyance of the Title. This policy shall
not continue in force in favor of any purchaser from the Insured
of either (i) an estate or interest in the Land, or (ii) an obligation
secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 5(a) of these Condi-
tions, (ii) in case Knowledge shall come to an Insured hereunder of
any claim of title or interest that is adverse to the Title, as insured,
and that might cause loss or damage for which the Company may
be liable by virtue of this policy, or (iii) if the Title, as insured, is
rejected as Unmarketable Title. If the Company is prejudiced by
the failure of the Insured Claimant to provide prompt notice, the
Company's liability to the Insured Claimant under the policy shall
be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at
its own cost and without unreasonable delay, shall provide for
the defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable cause) to represent
the Insured as to those stated causes of action. It shall not be
liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs, or expenses incurred by
the Insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 3
CONDITIONS - CONTINUED
th + +1,f A --- 1�1
o a a, a n � vp on may e necessary or es e to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropri-
ate action under the terms of this policy, whether or not it shall
be liable to the Insured, The exercise of these rights shall not
U -A .1 1
or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred
by the Insured Claimant that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay.
c an m ssion of iubility or waiver of any DrOViS1011 01 EMS
policy. If the Company exercises its rights under this subsection,
it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right,
in its sole discretion, to appeal any adverse judgment or
order,
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or proceed-
ing and any appeals, the Insured shall secure to the Company
the right to so prosecute or provide defense in the action or
proceeding, including the right to use, at its option, the name
of the Insured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the
Company all reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding,
or effecting settlement, and (ii) in any other lawful act that in
the opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the Company
is prejudiced by the failure of the Insured to famish the required
cooperation, the Company's obligations to the Insured under
the policy shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation,
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representa-
tive ofthe Company and to produce for examination, inspection,
and copying, at such reasonable times and places as may be
designated by the authorized representative of the Company,
all records, in whatever medium maintained, including books,
ledgers, checks, memoranda, correspondence, reports, e-mails,
disks, tapes, and videos whether bearing a date before or after
Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in
writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or dam-
age. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of
the Company, it is necessary in the administration of the claim.
Failure of the Insured Claimant to submit for examination under
oath, produce any reasonably requested information, or grant
permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited
by law or governmental regulation, shall terminate any liability
of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay
Upon the exercise by the Company of this option, all liability
and obligations of the Company to the Insured under this policy,
other than to make the payment required in this subsection,
shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an Insured Claimant any claim insured against under
this policy. In addition, the Company will pay any costs,
attorneys' fees, and expenses incurred by the Insured Claim-
ant that were authorized by the Company up to the time
of payment and that the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any
costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (ii), the Company's obligations to the
Insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any li-
ability or obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by
this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these Con-
ditions and is unsuccessful in establishing the Tide, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the Com-
pany will also pay those costs, attorneys' fees, and expenses in-
curred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of ac-
cess to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals,
it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured,
OP -25 ALTA Owners Policy of ille Insurance 6-17-06'(with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 4
(b) In the event of any litigation, including litigation by the Com-
pany or with the Company's consent, the Company shall have
no liability for loss or damage until there has been a final deter-
mination by a court of competent jurisdiction, and disposition
of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in set-
tling any claim or suit without the prior written consent of the
Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Com-
pany pays under any policy insuring a Mortgage to which exception
is taken in Schedule B or to which the Insured has agreed, assumed,
or taken subject, or which is executed by an Insured after Date of
Policy and which is a charge or lien on the Title, and the amount
so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT
(a°) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights
and remedies in respect to the claim that the Insured Claimant
has against any person or property, to the extent of the amount
Of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the Com-
pany of these rights and remedies. The Insured Claimant shall
permit the Company to sue, compromise, or settle in the name
of the Insured Claimant and to use the name of the Insured
Claimant in any transaction or litigation involving these rights
and remedies.
If a payment on account of a claim does not fully cover the loss
of the Insured Claimant, the Company shall defer the exercise
of its right to recover until after the Insured Claimant shall
have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained
in those instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the
Title Insurance Arbitration Rules of the American Arbitration As-
sociation may be demanded if agreed to by both the Company and
the Insured at the time of a controversy or claim. Arbitrable mat-
ters may include, but are not limited to, any controversy or claim
between the Company and the Insured arising out of or relating
to this policy, and service of the Company in connection with its
issuance or the breach of a policy provision or other obligation.
Arbitration pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at the option of
the Insured, the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys' fees only if
the laws of the state in which the Land is 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.
15. LIABILITY LIMITED TO THIS POLICY, POLICY
ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to
it by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(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 negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(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 provi-
sions. Except as the endorsement expressly states, it does not
(i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy,
or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined
the premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance
of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured and
to interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles
to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought
by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
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: 875 Concourse Parkway South, Suite
200, Maitland, FL 32751.
OP -25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 5
OWNER'S POLICY OF
TITLE INSURANCE
(With Florida
Modifications)
WESTCOR
LAND TITLE
INSURANCE COMPANY
OWNER'S POLICY
OF
TITLE INSURANCE
HOME OFFICE
875 Concourse Parkway South, Suite 200
Maitland, FL 32751
Telephone: (407) 629-5842
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
SCHEDULE A
File Number: Policy Number: Date of Policy:
47083568 OP -25 -FI -1394- 1/16/2018 @ 8:39 AM
6372725
Property Type:
State: Florida, County: INDIAN RIVER
Address Reference: 6350 65th Street, Vero Beach, Florida 32967
1. Name of Insured:
Premium: Amount of Insurance:
$247.25 $43,000.00
Indian River County, a Political Subdivision of The State of Florida
2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE
3. Title is vested in:
Indian River County, a Political Subdivision of The State of Florida r
4. The Land referred to in this policy is described as follows:
The North 30.00 feet of the South 80 feet of the following described Parcel as recorded in
Official Records Book 2331, Page 237, Public Records of Indian River County, Florida: `
Tract 5 (less the West 30 acres thereof) and the West 20.82 acres of Tract 6, Section 8,
F-,ITownship 32 South, Range 39 East, according to the last General Plat of lands of the Indian
River Farms Company filed in the Offices of the Clerk of the Circuit Court of St. Lucie County,
Ad, n Florida, in Plat Book 2, Pages 25; said land now lying and being in Indian River County,
Florida, excepting, however, the following property:
From the Southeast corner of the West 30 acres of Tract 5, Section 8, Township 32 South,
Range 39 East, according to the last General Plat of the lands of the Indian River Farms
Company filed in the Office of the Clerk of the Circuit Court of SL Lucie County, Florida, in
Plat Book 2, Page 25, run East along the South line of said Tract a distance of 99.83 feet to
the Point of Beginning; thence run North 0 degrees 9 minutes West a distance of 192 feet;
thence run East a distance of 96.45 feet; thence run South 0 degrees 9 minutes East a
distance of 192 feet; thence run West a distance of 96.46 feet to the Point of Beginning; said
land now lying and being in Indian River County, Florida.
Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages
incorporated by reference.
OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications)
Our File No.: 47083568
(WLTIC Edition 1/26111)
ME
ALTA 6-17-06 OWNER'S POLICY (WITH FLORIDA MODIFICATIONS)
Policy No. OP-25-FL1394-6372725
File No.: 47083568
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Except as provided in Schedule B - Part 11, this policy does not insure against, loss or damage, and the Company will not
pay costs, attorneys' fees, or expenses that arise by reason of:
Rights or claims of parties in possession not shown by the Public Records.
2.- Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an
accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the Public Records.
Taxes or special assessments which are not shown as existing liens by the public records.
5. Taxes and assessments for the year 2018 and subsequent years, which are not yet due and payable.
Exceptions Numbered NONE above are hereby deleted
6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for
unpaid service charges for service by any water, sewer or gas system supplying the insured land.
7. Conservation Easement recorded in Official Records Book 1933, Page 1895, of the Public Records Of
Indian River County, Florida. Easement recorded in Official Records Book 2843, Page 661, of the Public
Records of Indian River County, Florida.
6. Reservations affecting rights in Oil, Gas or any other Minerals, lying upon or beneath the lands insured
hereby, pursuant to that instrument recorded in Official Records Book 2463, Page 1495, of the Public
Records of Indian River County, Florida. (No determination has been made as to the current record holder
of such mineral interest). Element of coverage 3b of the Florida Form 9 comprehensive Endorseme6t
issued herewith, if any, shall not apply with respect to this item.
This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages
,incorporated by reference.
OP -25S / ALTA 6-17-06 Owner's Policy Schedule A and B (With Florida Modifications) (WLTIC Edition 1/26/11)
Our File No.: 47083668
t.TF-I
A. Settlement Statement U.S. Department of Housing
and Urban Development OMB Approval No. 2502-0265
B. Type of Loan
1. ❑ FHA 2. ❑ RHS 3. ❑ Conv. Unins.
4. ❑ VA 5. ❑ Conv. Ins.
6. File Number
47083568
7. Loan Number
8. Mortgage Insurance Case Number
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 information purposes and are not included in the totals.
D. Name and Address of Borrower
Indian River County, a Political Subdivision of The State of
Florida
1801 27th Street
Vero Beach, Florida 32969
E. Name and Address of Seller
Melissa Dean
Donald Arthur Frost
6700 77th Street
Vero Beach, Florida 32967
F. Name and Address of Lender
G. Property Location
6350 65th Street
Vero Beach, Florida 32967
INDIAN RIVER
H. Settlement Agent
Atlantic Coastal Land Title Company, LLC
855 21 st St. Suite C, Vero Beach, FL 32960
Place of Settlement
855 21 st Street
Suite C
Vero Beach, Florida 32960
I. Settlement Date
01/11/18
J. SUMMARY OF BORROWER'S TRANSACTION:
K. SUMMARY OF SELLER'S TRANSACTION:
100. GROSS AMOUNT DUE FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
101. Contract sales pree
43,000.00
401. Contract sales pdce
43,000.00
102. Personal property
402. Personal property
103. Settlement charges to borrower line 1400
1,121.75
403.
104. Temporary Construction Easement
5,000.00
404. Temporary Construction Easement
5,000.00
105.
405.
Adjustments for items paid by seller in advance
Adjustments for items paid by seller in advance
106. Cit /town taxes to
406. Ci /town taxes to
107. County taxes to
407. County taxes to
108. Assessments to
408. Assessments to
109.
409.
110.
410.
111.
411.
112.
412.
120. GROSS AMOUNT DUE FROM BORROWER
49,121.75
420. GROSS AMOUNT DUE TO SELLER
48,000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER
500. REDUCTIONS IN AMOUNT TO SELLER
201. Deposit or earnest money
501. Excess Deposit (see instructions)
202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400)
2,012,11
203. Existing loan(s) 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.
207.
507.
208.
508.
209.
509.
Adjustments for items unpaid by seller
Adjustments for items unpaid by seller
210. Ci /town taxes to
510. Cit /town taxes to
211. County taxes to
511. County taxes to
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 BORROWER
520. TOTAL REDUCTION AMOUNT DUE SELLER
2,012.11
300. CASH AT SETTLEMENT FROM OR TO BORROWER
600. CASH AT SETTLEMENT TO OR FROM SELLER
301. Gross amount due from borrower line 120
49,121.75
601. Gross amount due to seller line 420
48,000.00
302. Less amounts paid by/for borrower line 220
602. Less reduction amount due to seller line 520
2,012.11
303. CASH FROM BORROWER 49,121.75
603. CASH TO SELLER
45,987.89
- 01-09-2018 at 9:31 AM form HUD -1 (3/86) ref Handbook 4305.2
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2
- 01-09-2018 at 9:31 AM form HUD -1 (3/86) ref Handbook 4305.2
L. SETTLEMENT CHARGES: File Number: 47083568
PAID FROM
PAID FROM
SELLER'S
FUNDSAT
SETTLEMENT
700. TOTAL SALES/BROKER'S COMMISSION based on price $ @__ BORROWER'S
FUNDS
AT
Division of commission line 700 as follows: SETTLEMENT
701.
$ to
702. $ to
703.
Commission paid at Settlement
704.
600.
ITEMS PAYABLE IN CONNECTION WITH LOAN
P.O.C.
801.
Loan Origination Fee
802.
Loan Discount
803.
Appraisal fee to
604.
Credit report to
805.
Lender's inspection fee to
806.
Mtg. ins. application fee to
807.
Assumption fee to
808.
809.
810.
811.
812.
813.
814.
815.
900.
ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901.
Interest from to $
/day
902.
Mortgage insurance premium to
903.
Hazard insurance premium yrs.to,
904.
905.
1000.
RESERVES DEPOSITED WITH LENDER FOR
1001.
Homeowners insurance mo. $
/ mo.
1002.
Mortgage insurance mo. $
/ mo.
1003.
City propertytaxes mo. $
/ mo.
1004.
County roe taxes mo. $
/ mo.
1005.
Annual Assessments mo. $
/ mo.
1006.
mo. $
/ mo.
1007.
mo. $
/ mo.
1008.
Aggregate Reserve for Hazard/Flood Ins, City/County City/CountyProp Taxes, Mortgage Ins & Annual Assessments
1100.
TITLE CHARGES
1101.
Settlement or closing fee to Atlantic Coastal Land Title Company, LLC
375.00
1102.
Abstract or title search to Atlantic Coastal Land Title Company, LLC
85.00
1103.
Title examination to
1104.
Title insurance binder to
1105.
Document preparation to
1106.
Notary fees to
1107.
Attorney's fees to
includes above item No:
1108.
Title insurance to Atlantic Coastal Land Title Company, LLC
247.25
1109.
1110.
includes above item No:
Lenders coverage
Owners coverage 43,000.00 - 247.25
1111.
Digital Archive/LandTech Fee Forensis/LandTech
35.00
1112.
Wire Fee CenterState Bank
16.00
16.00
1113.
1200.
GOVERNMENT RECORDING AND TRANSFER CHARGES
1201.
Recording fees Deed $ 35.50 ; Mortgage $
; Releases $
35.50
1202.
City/county/stamps Deed $ ; Mortgage $
1203.
State tax/stamps Deed $ 301.00 ; Mortgage $
301.00
1204.
Intangible Tax Deed $ ; Mortgage $
1205.
Record Partial Release of Mortgage
27.00
1300.
ADDITIONAL SETTLEMENT CHARGES
1301.
Survey to
1302.
Pest inspection to
1303.
1304.
2017 Real Estate Taxes Carole Jean Jordan, Tax Collector
1,996.11
1305.
1306.
1307.
1308.
1400.
TOTAL SETTLEMENT CHARGES enter on lines 103 and 502, Sections J and K
1,121.75
2,012.11
- 01-09-2018 at 9:31 AM form HUD -1 (3/86) ref Handbook 4305.2
HUD -1 SETTLEMENT STATEMENT
File Number: 47083568
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 the HUD -1 Settlement Statement.
Buyer
Wiaver ty
l, Deputy County Attorney
In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the
parties agree to handle said re -proration between themselves.
Melissa Dean
Sellers
Donald Arthur Frost
Settlement Agent.
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
By: Date: January 11th, 2018