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HomeMy WebLinkAbout2018-142I� �l A TRUE COPY CERTIFICATION ON LAST PAGE AGREEMENT TO PURCHASE AND SELL REAL ESTA+SMITH, CLERK BETWEEN INDIAN RIVER COUNTY AND ALEXANDRA VAN DER REST THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 14 day of August , 2018, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Alexandra Van Der Rest ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 6830 69th Street, Vero Beach, FL. A legal description of. the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is- scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way_ from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 23,100 square feet or 0.53 acres of property as depicted on Exhibit "B", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 6830 69th Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 23,100 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $60,000.00 (Sixty Thousand 00/100 Dollars) plus $8,000.00 in attorney's fees. The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of -z A I NUL WHY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at. Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 2 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs, Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 3 ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all'federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect._ Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Alexandra Van Der Rest 6830 69th Street Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 4 ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDPq.�ssio��Es.• 139ARD `OF COUNTY COMMISSI • R Peter D. O'Bryan, Chairrbbn ndra Van Der Rest date W.: Approved by BCC August 14, 20ign:gNR�vE;G ATTEST: Jeffrey R. Smith, erk of Court an Comptroller By: Deput ler Jason E./Brovbn, Countv-Administrator Approved as to Form and Le - ufficiency: William K. DeBraal, Deputy County Attorney G9 ATRUE COPY CERTIFICATION ON LAST PAGE EXHIBIT "A" J.R. SMITH, CLERK INDIAN RIVER FARMS CO SUB PBS 2-12 E 20.49 AC OF TR 15 Commonly known as: 6830 69th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-06-00001-0150-00004.0 WA 0 WMW 01 � --m11•• m•• �• m� o Om yD o< cm �M m <c� on mm z�+ Z -ug zm m- [n ym' mo �� �� 0 fA Z z v o -n w w m o WEST LINE � � In R In a n TRACT 15 �mOw �y - Om DO ,vml n{O D Do Z cZ z NPr— D 0 I I�� m� D W C 0� o I -Drell < C m>; = D � Z o z0 3 DD � � O m m N O I u)> m o O j z m r, of l D� p cn o C Wo nc z n yr-OO*I1�g� O ZD nW05M�m I o Z Dmo o Qm Cm2 0 m w a ZMwHmOcow z2z ! w O zeo_;"Wmzozc �2z n02Az� OZ��O> mn mn '�w COOp IX nZm-ImZ -CIn �O. 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N m O �� 100 1=aI-)0 p O) $ oTa$ aU a nS S r IOa � Iuo- ��obn �W UOZ T� qb ..0 F- Q U a : L.sw f a K acrrE x-200• DATE -- SHEET NUMBER DOONmB P.. Kimley*Horn 3/2o/17 LEGAL DESCRIPTION AND SKETCH OF 4 PGS ©2°12KCM-HCMAIDAS A=E W_ PARCEL 314 1 OF 1 =`n`°°`" ""„°° PROECT NO. INDIAN RIVER COUNTY, FLORIDA PHoxo rrarrw-aoo rAx: 7rzas�-sIw 047035041 WAYJ°HfET�IONN.CUI x 2 W W Prepared by and return to: Law Offices of Jennifer D. Peshke, P.A. 4733 North Highway AIA Suite 303 Vero Beach, FL 32963 772-231-1233 File Number: 01163 Will Call No.: 3120180056221 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3148 PG: 519 Page 1 of 3 9/132018 1:58 PM D DOCTAX PD $420.00 Above This Line For Recording Warranty Deed This Warranty Deed made this day of September, 2018 between Alexandra Van Der Rest as Trustee(s) of the Alexandra Van Der Rest Trust whose post office address is 6830 69th Street, Vero Beach, FL 32967, grantor, and Indian River County, Florida, a political subdivision of the State of Florida whose post office address is 1801 27th Street, Bldg. A, Vero Beach, FL 32960, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: See Exhibit "A" 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 grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will - defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. DoubleTime® In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Y, e -A � 4 o,„ ,l Q Witness Name: Zoq /I Alexandra Van Der Rest, individually and as Trustee fitness Name: State of Florida County of Indian River The foregoing instrument was sworn to and acknowledged before me thisday of September, 2018 by Alexandra Van Der Rest, Individually and as Trustee as Trustee(s) of the Alexandra Van Der Rest Trust, who L] is personally known or [X] has produced a driver's license as identification. [Notary Seal] Notary Public � Printed Name: ILS( �17^���aA "j taRY a� VICTORIA ANN PERSAUD #�'��•�'MY COMMISSION# GO 016M My Commission Expires: uEXPIRES: August 16, 2020 �rFOFF"W Bw ThuBudget"SW" Warranty Deed - Page 2 DOubleTimee Exhibit A The North 70.00 feet of the South 100 feet of the following described parcel as recorded in Official Records Book 2720, page 1060, Public Records of Indian River County, Florida. The South one-half of the West 10 acres of the East 10.245 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of 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, said land now lying and being in Indian River County, Florida. Together with: The East 0.245 acres of the East 20.49 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company Subdivision filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. Parcel Identification Number: 32-39-06-00001-0150-00004.0 File Number: 01163 DoubleTime® CFCs National Title Insurance Company a Williston Financial Group company ALTA OWNER'S POLICY (6-17-06) OF TITLE INSURANCE WITH FLORIDA MODIFICATIONS Issued by WFG NATIONAL TITLE INSURANCE COMPANY Policy # 3155412-03794177 File #: 01163 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, WFG NATIONAL TITLE INSURANCE COMPANY, a South Carolina corporation (the "Company') insures, as of Date of Policy, against loss or damage, notexceeding the Amount of Insurance, sustained or incurred bythe Insured by rea son of: 1. Title being vested other than as stated in Schedule A 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney, (vi) a document not properly filed,recorded, or indexed in the Public Records including failure to perform thoseacts byelectronic means authorized bylaw; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed bya n accurate and complete land survey of the Land. The term "encroachment" includes encroachments ofexist ing 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 improvementerected 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 enfo rce, 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 enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforce ment referred to in that notice. COVERED RISKS Continued on next page IN WITNESS WHEREOF, WFG NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A Law Offices of Jennifer Peshke, P.A. 4733 North Highway AIA, Suite 303 WFG NATIONAL TITLE INSURANCE COMPANY Vero Beach, FL 32963 9. T Agent CIO o By: * 1974 President o i CAS ATTEST.- Secretary TTEST:Secretary ALTA 6-17-060w ner's Policy (with Florida modifications) WFG National Form No. 3155412 WFG National Title Insurance Company a Williston Financial Group company SCHEDULE A ALTA 6-17-06 OWNER'S POLICY (With Florida Modifications) Name and Address of Title Insurance Company: WFG National Title Insurance Company, 12909 SW 68t' Parkway, Suite 350, Portland, OR 97223. Phone Number: (800) 334-8885 Policy No.: 3155412-03794177 Date of Policy: September 13, 2018, at 01:58pm File No.: 01163 Amount of Insurance: $60,000.00 Premium: Address Reference: 6830 69th Street„ Vero Beach, FL 32967 County of Indian River 1. Name of Insured: Indian River County, Florida, 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, Florida, a political subdivision of the State of Florida 4. The Land referred to in this policy is described as follows: WFG NATIONAL TITLE INSURANCE COMPANY By: President ATTEST: _ r Secretary SEE ATTACHED EXHIBIT "A" Issued By: Law Offices of Jennifer Peshke 47 rids Al #303 1974 * ro each, FL 3 63 �„__ Au orized Sia ature EXHIBIT "A" The North 70.00 feet of the South 100 feet of the following described parcel as recorded in Official Records Book 2720, page 1060, Public Records of Indian River County, Florida. The South one-half of the West 10 acres of the East 10.245 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of 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, said land now lying and being in Indian River County, Florida. Together with: The East 0.245 acres of the East 20.49 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company Subdivision filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. CWF(G National Title Insurance Company a Williston Financial Group company SCHEDULE B ALTA 6-17-06 OWNER'S POLICY (With Florida Modifications) Policy No: 3155412-03794177 File No: 01163 EXCEPTIONS FROM COVERAGE 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: 1. Taxes for the year 2018 and subsequent years which are not yet due and payable. 2. Subject to all canals, ditches and rights of way reserved to the Indian River Farms Drainage District as set forth in the Plat of Indian River Farms Company Subdivision, recorded in Plat Book 2, page 25, Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida and as reserved in Deed Book 92, page 399. 3. Reservations of road rights of way in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 37, page 550. 4. Phosphate, Minerals, Metals and Petroleum Reservations and rights in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund, recorded in Deed Book 37, page 550. As to said reservations, the right of entry has been released pursuant to Florida Statue 270.11. 5. Matters as set forth and shown on Survey 047035041, dated 03/20/2017, by Kimley Horn. NOTES FOR INFORMATION PURPOSES ONLY: (a) All of the recording information contained herein refers to the Public Records of Indian River County, Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official Record Books of said county, unless indicated to the contrary. (b) As to all restrictions set forth above, the following is added: "but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenants(s): (a) is/are exempt under Chapter 42, Section 3607 of the United State Code; or (b) relates to a handicap, but does not discriminate against handicapped persons." (c) In accordance with Florida Statutes Section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting WFG National Title Insurance Company, 12909 SW 68th Parkway, #350, Portland, OR 97223 Telephone number (800-334-8885) END OF SCHEDULE B 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 governmental body that has occurred and is binding on the rights of purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule Aor being defective (a) as a resultof the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transferof all or any part of the title to orany interestin the Land occurring priorto the transaction vesting Title as shown in Schedule Abecause that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar credi tors' 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 sim ilar 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 subsequentto Date of Policy and priorto the recording of the d eed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Com panywill also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured againstby this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expresslyexcluded from the coverage of this policy, and the Companywill not pay loss ordamage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, 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 limitthe cover -age provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or lim itthe coverage provided underCovered Risk 6. 2. Rights:ofeminentdomain. This Exclusion does notmodifyor limitthe 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; 1. DEFINITION OF TERMS (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 Companyby the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss ordamage 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 sustained 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 bygovernmental authorityand created or attaching between Date of Policy and the date of recording of the deed or other instrumentoftransferin the Public Records thatvests Title as shown in Schedule A CONDITIONS The following terms when used in this policy mean: (a) "AmountofInsurance": 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 11 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) successorsto the Titleofthe Insured byoperationof law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, orneQof kin; (B) successors to an Insured by dissolution, merger, con-solidation, distribution, or reorganization; ALTA 6-17-06 Ow ner's Policy (with Florida modifications) WFG National Form No. 3155412 (C) successors to an Insured by its conversion to another kind of Entity, (D) a grantee ofan Insured undera deed deliveredwithout paymentofactual valuable consideration conveyingthe Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) ifthe grantee whollyowns the named Insured, (3) ifthegrantee iswholly-owned byan affiliated Entity 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 Afor estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successorthat the Company would have had against any predecessor Insured. (e) (f) (h) CONDITIONS — CONTINUED "Insured Claimant': An Insured claiming loss or damage. "Knowledge" or"Known": Actual knowledge, notconstruc-tive knowledge or notice that may be imputed to an Insured by reason of the Public Records orany other records that impart constructive notice of matters affecting the Title. "Land": The land described in Schedule A, and affixed improve-ments thatby 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 m odify or limit the extent that a right of access to and from the Land is insured bythis policy. "Mortgage": Mortgage, deed of trust, trust deed, or other secu-rity instrument, including one evidenced by electronic means authorized bylaw. "Public Records": Records established understate statutes at Date of Policy for the purpose ofim parting 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. "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matterthat would perm ita prospective purchaseror lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend ifthere is a contractual condition requiring the 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, butonlyso 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�onlyso long as the Insured shall have liabilityby reason of war-ranties in anytransfer or conveyance of the Title. Thispolicy 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 notifythe Com panyprom ptlyin writing (i) in case of any litigation as setforth in Section 5(a) of these Condi-tions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interestthat is adverse to the Title, as insured, and that might cause loss or damage for which the Company maybe liable byvirtue ofthis policy, or (iii) ifthe Title, as insured, is rejected as Unmarketable Title. If the Companyis prejudiced bythe failure of the Insured Claimant to provide prompt notice, the Comparrys liabilityto 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 ALTA 6-17-060w ner's Policy (with Florida modifications) WFG National Form No. 3155412 extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written requestbythe Insured, and subjectto the options contained in Section 7 of these Conditions, the Company, at its own costand without unreasonable delay, shall provide for the defense of an Insured in litigation in which anythird 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 againstby 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 ofaction thatallege matters notinsured againstbythis policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, atits own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion maybe necessary or desirable to establish the Title, as insured, orto 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 notit shall be liable to the Insured. The exercise of these rights shall notbe an admission ofliabilityor waiver of any provision of this policy. If the Company exercises its rights under this subsec-tion, it must do so diligently. (c) Whenever the Com panybrings 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 dis-cretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policypermits orrequiresthe Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Companythe right to so prosecute or provide defense in the action or pro-ceeding, including the rightto use, at its option, the name ofthe Insured forthis 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 matteras insured. If the Companyis prejudiced bythe failure of the Insured to furnish 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 Companymay reasonably require the Insured Claimant to submit to examination under oath by any authorized representa-tive of the 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 reasonablypertain to the loss ordamage. Further, if requested byanyauthorized representative ofthe Com pany, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Companyto examine, inspect, and copy all of these records in the custody or control of a third parry that reasonably pertain to the loss ordamage. 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, itis necessary in the administration of the claim. Failure of the Insured Claimantto submitfor 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 Companyunder this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim underthis policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses in-curred by the Insured Claimant that were authorized by the Com-panyup to the time of paymentor tenderof paymentand that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations ofthe Companyto the Insured underthis policy, other than to make the payment required in this subsection, shall termi-nate, including anyliabilityor 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 underthis policy. In addition, the Companywill payany 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, 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 bythe Com panyofeither ofthe options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policyfor the claimed loss or damage, other than the payments required to be made, shall terminate, including any liabiliryorobligation to defend, prosecute, or continue anylitigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnityagainstactual monetaryloss or damage sustained orincurred bythe Insured Claimantwho has suffered loss ordamage byreason of matters insured againstby this policy. (a) The extent of liabi I ityof the Corn panyfor loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or ALTA 6-17-06 Ow ner's Policy (with Florida modifications) WFG National Form No. 3155412 (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 Companypursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimantshall havethe rightto have the loss or damage determined eitheras ofthe date the claim was made bythe Insured Claimantoras ofthe date itis 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 incurred in accordance with Sections 5 and 7 of these Condi-tions. 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 mannerbyany method, including litigation and the completion of any appeals, its hall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Com-panyorwith the Company's consent, the Companyshall have no liabilityfor loss ordamage 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 In-sured for liability voluntarily assumed by the Insured in settling any claim or suit withoutthe 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 Company 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 amountso paid shall be deemed a paymentto the Insured underthis policy. 12. PAYMENT OF LOSS When liabilityand the extent of loss ordamage 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 respecttothe claim thatthe Insured Claimant has against any person orproperty, to the extent ofthe amount of any loss, costs, attorneys' fees, and expenses paid bythe Company. If requested bythe Company, the Insured Claimant shall execute documents to evidence the transfer to the Com-pany of these rights and remedies. The Insured Claimantshall permitthe Companyto sue, compromise, or settle in the name ofthe Insured Claimantand to use the name ofthe Insured Claimantin anytransactionorlitigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Companyshall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's rightof 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 appIicable law, arbitration pursuant to the Title Insurance Arbitration Rules ofthe American Arbitration Association maybe demanded if agreed to by both Companyand the insured at the time of the controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between Companyand the insured arising outofor relating to this policy, and service of Company in connection with its issuance or the breach of policy provision or other obligation. Arbitration pursuant to this policy and underthe 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 onlyifthe 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 ofthe situs ofthe land shall applyto 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 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 anyprovision of this policy, this policyshall be construed as a whole. Any claim ofloss or damage that arises outof the status ofthe Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule Aof this policy. Each endorsementto this policy issued atanytime 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) modifyany 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 notto include thatprovision orsuch part held to be invalid, but all other provisions shall remain in full force and effect. ALTA 6-17-06 Ow ner's Policy (with Florida modifications) WFG National Form No. 3155412 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Com panyhas 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 I urisdiction where the Land is located to determ ine the validity of claims againstthe Title that are adverse to the Insured and to interpretand enforce the terms ofthis policy. In neithercase shall the court or arbitratorapply 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 mustbe filed only in a state or federal courtwithin the United States of America or it territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and anyother notice orstatementin writing required to be given to the Companyunderthis policy m ustbe given to the Com panyat 12909 SW 68th Parkway, Suite 350, Portland, OR 97223, Attention: Claims Department. WFG National Title Insurance Company's telephone number is (800) 334-8885. Email address: claims(a wfonationaltitle.com. Buyer/Seller A. Settlement Statement Settlement Statement B. Type of Loan 0 1. FHA Q 2. FmHA ❑ 3. Conv. Unins. 6. File Number 7. Loan Number 8. Mortg. Ins. Case Num. 4. VA. 0 5. Conv. Ins. 01163 ID: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c )' were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BUYER: Indian River County, Florida, a political subdivision of the State of Florida Address of Buyer: 1801 27th Street, Bldg. A, Vero Beach, Florida 32960 E. NAME OF SELLER: Alexandra Van Der Rest as Trustee(s) of the Alexandra Van Der Rest Trust Address of Seller: 6830 69th Street, Vero Beach, Florida 32967 TIN: F. NAME OF LENDER: Address of Lender: G. PROPERTY LOCATION: 6830 69th Street, Vero Beach, Florida 32967 H. SETTLEMENT AGENT: Law Offices of Jennifer D. Peshke, P.A. TIN: 45-3801287 Place of Settlement: 4733 North Highway AlA, Suite 303, Vero Beach, Florida 32963 Phone: 772-231-1233 I. SETTLEMENT DATE: 9/12/18 DISBURSEMENT DATE: 9/12/18 J. Summary of buyer's transaction rr FK. -Summary of seller's transaction r0 Gross amount due to seller: 101. Contract sales price . 60,000.00 401. Contract sales price 60,000.00 102. Personal property 402. Personal property 103. Settlement charges to buyer (Line 1400) 1,217.00 403. 104. 404. 105. 405. 106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. Attorney Fees 8,000.00 410. Attorney Fees 8,000.00 111. 411. 112. 412. 120. Gross amount due from bu er: 69,217.00 420. Gross amount due to seller: 1 68,000 00 rr 201. Deposit or earnest money it . Reductions in amount due to seller: 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 779.24 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Principal amount of second mortgage 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. Deposits held by seller 207. Principal amt of mortgage held by seller 507. Principal amt of mortgage held by seller 208. 508. 209. 509. 210. City/town taxes Adjustments for items unpaid by seller: 510. City/town taxes 211. County taxes 511. County taxes 212. Assessments 512. Assessments 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total paid by/for buyer: 0.00 520. Total reductions in amount due seller: 779.24 rr 301. Gross amount due from buyer (line 120) .rr 69,217.00 601. Gross amount due to seller (line 420) 68,000.00 302. Less amount paid by/for the buyer (line 220) 0.00 602. Less total reductions in amount due seller (line 520) (779.24) 303. Cash ( ❑✓ From ❑ To ) Buyer: 69,217.00 603. Cash ( 0 To ❑ From ) Seller: 67,220.76 Substitute Form 1099 Seller Statement: The information contained in blocks E, G, H, and I and on line 401 is important tax information and is being furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Seller Instructions: If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your tax return; for other transactions, complete the applicable parts of Form 4797, Form 6262 and/or Schedule D (Form 1040). DoubleTime® Buyer/Seller Settlement Statement D� e o L. Settlement charges 700. Total Sales/Brokers Com. based on price $60,000.00 @ % = POC Paid from Buyer's Paid from Seller's 701. % to Funds at Funds at 702. % to Settlement Settlement 703. Commission paid at settlement 704. to 801. Loan origination fee % to Buyer POC Seller POC 802. Loan discount % to 803. Appraisal fee to 804. Credit report to 805. Lender's inspection fee to 806. Mortgage insurance application fee to 807. Assumption Fee to 808. to 809. to 810. to 811. to 1 900. Items required by lender to be paid in advance: 901. Interest from to @ /day Buyer POC Seller POC 902. Mortgage insurance premium for months to 903. Hazard insurance premium for years to 904. Flood insurance premium for years to 905. years to 0.0 Reserves deposited with lender: 1001. Hazard insurance months @ Buyer POC per month Seller• - 1002. Mortgage insurance months @ per month 1003. City property taxes months @ per month 1004. County property taxes months @ per month 1005. Annual assessments months @ per month 1006. Flood insurance months @ per month 1007. months @ per month 1008. months @ per month 1009. Aggregate accounting adjustment U0516-6 M-harqes: 1101. Settlement or closing fee to Buyer R 1102. Abstract or title search to WFG National Title Insurance Company 175.00 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to Law Offices of Jennifer D. Peshke, P.A. 250.00 1106. Notary fees to 1107 Attorney's Fees to (includes above item numbers: ) 1108. Title Insurance to WFG National Title Insurance Company/Jennifer D. Peshke 345.00 (includes above item numbers: ) 1109. Lender's coverage (Premium): 1110. Owner's coverage (Premium): $60,000.00 ($345.00) 1111. Endorse: 1112. to 1113. to 1200. Government recordinq and transfer charqes: Recording fees Deed $27.00 Mortgage(s) Releases 27.00 1202. City/county tax/stamps Deed Mortgage(s) 1203. State tax/stamps Deed $42000 Mortgage(s) 420.00 1204. to 1205. to 1300. Additional settlement charqes: 1301. Survey to Buyer P; 1302. Pest Inspection to 1303. to 1304. Cost Reimbursement copy/fax/wire fee to Law Offices of Jennifer D. Peshke, P.A. 150.00 1305. Legal Fees Due to Law Offices of Jennifer D. Peshke, P.A. 629.24 1306. to 1307. to 1308. to 1309. 1400. Total settlement charges: Enter on lines 103 Section J and 502 Section K 1 1,217.001 779.24 DoubleTime® BUYER/SELLER SETTLEMENT STATEMENT ADDENDUM File Number: 01183 1 have carefully reviewed the 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 Settlement Statement. Buyer(s) Indian River County, a political subdivi ±M -of the State of Florida A /J By. William K. DeB✓Taal Deputy County Attorney Seller(s) Alexandra Van Der Rest Trustee Settlement Agent The Settlement Statement which I have prepared Is a true and accurate account of this transaction. 1 have caused or will cause the funds to be disbursed in accordance with this statement. Law Offi s f Jennifer D. Peahke P.A. By Date: , /--q—, /r WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can Include a fine and Imprisonment. For details see: 'title 18 U.S. Code Section 1001 and Section 1010. Double'nmaO .LR. SMITH, CLERK AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND ALEXANDRA VAN DER REST THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 14 day of August , 2018, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Alexandra Van Der Rest ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 6830 69th Street, Vero Beach, FL. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is- scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 23,100 square feet or 0.53 acres of property as depicted on Exhibit "B", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to, purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 6830 69th Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 23,100 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter. belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $60,000.00 (Sixty Thousand 00/100 Dollars) plus $8,000.00 in attorney's fees. The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of ATRUE LUNY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 2 A I RUE GUPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 3 A TRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject'matter hereof. Any . modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. . 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Alexandra Van Der Rest 6830 69th Street Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original, 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 -Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose per -sons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA'..-•�-f riERs,, BARD OF COUNTY COMMISS,II R .. Peter D. O'Bryan, Chai n 4:: x e Approved by BCCgu Au st 14, 201$��gNRIVER� ' ATTEST: Jeffrey R. Smith, erk of Court an Comptroller By: Depu ler c M Jason E./Bro*n, County -Administrator Approved as toForm and Legal -Sufficiency: William K. DeBraal, Deputy County Attorney AI Van Der Rest A TRUE COPY EXHIBIT «A" CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK INDIAN RIVER FARMS CO SUB PBS 2-12 E 20.49 AC OF TR 15 Commonly known as: 6830 69th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-06-00001-0150-00004.0 F7 zlycl A9 30130 ali-i1 Ni 34313 NO -lVNl0;UO 3H1 d0 Ad00 iO2UU9 O GNV 3na1 ACT 15 S! SiHi it Hi Ad11L230 01 SI SIH1 Nno- 82Alt; NV!0,Nl Q!U0l= 2C 3.1'. EXHIBIT "B" INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 (ST LUCIE) 590500DO1015000004 ORB 2720, PG 1060 70' r10' TCE 30' 1 a/ _ _ 3301± TRACT UNE EXISTING RIGHT OF WAY — `— — — — — , J — — 69th STREET 100' 60130 — — — IFQAI DESCRIPTION TRACT 2 RIGHT OF WAY PARCEL THE NORTH 70.00 FEET OF THE SOUTH 100 FEET OF THE FOU N RECORDED IN OFFICIAL RECORDS BOOK 2720, PAGE 1060, PUE COUNTY, FLORIDA. THE SOUTH ONE—HALF OF THE WEST 10 ACRES OF THE EAST w E SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE 0 CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA; IN PLAT BOON LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. S TOGETHER WITH: THE EAST 0.245 ACRES OF THE EAST 20.49 ACRES OF TRACT SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST -GENERAL P FARMS COMPANY SUBDIVISION FILED IN THE OFFICE OF THE CL LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID PAF 0 200' 400' INDIAN RIVER COUNTY, FLORIDA. GRAPHIC SCALE 200' CONTAINING 23,100 SQUARE FEET OR 0.53 ACRES, MORE OR L LEGEND SECTIC EASEM SURVEYORS NOTES PROPE 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY PROPO DEDICA RETRACEMENT SURVEY — — RIGHT 2) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH LINE OF SECTION 6. SAID UNE BEARS SOUTH 8922'53" EAST. P.O.C. POINT P.O.B. POINT 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING R/W RIGHT REPRODUCTION PROCESSES. ORB OFFICII 4) THIS DRAWING IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR PG PAGE 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS TCE TEMPO] DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. - EASEMI CERTIFIED TRUE COPY OF ORIGINAL. Affidavit for Disbursement (Seller) Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that: Alexandra Van Der Rest as Trustee(s) of the Alexandra Van Der Rest Trust ("Seller"), is the owner of and is selling the following described property to Indian River County, Florida, a political subdivision of the State of Florida ("Buyer"), to wit: The North 70.00 feet of the South 100 feet of the following described parcel as recorded in Official Records Book 2720, page 1060, Public Records of Indian River County, Florida. The South one-half of the West 10 acres of the East 10.245 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of 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, said land now lying and being in Indian River County, Florida. Together with: The East 0.245 acres of the East 20.49 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company Subdivision filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. 2. Affiant certifies that from August 23, 2018, no lien, encumbrance, or other document has been filed of record which adversely affects the title to the above described property. 3. In the event any documents which adversely affect title to the above described property are filed of record subsequent to the date and time set forth above in Paragraph 2 above, through the date and time of recording of title to any purchasers and/or recording of any mortgages, Affiant agree(s) to assume FULL LEGAL RESPONSIBILITY for satisfaction and/or removal of same. 4. Affiant further agree(s) to indemnify Jennifer D. Peshke, Esq., The Law Offices of Jennifer D. Peshke, P.A. and its respective title insurance underwriter from any loss or damage, including court costs and attorney's fees, arising from any intervening liens or other matters which adversely affect the title to the above described property. 5. Affiant understand(s) that the figures set forth on the Settlement Statement relating to deposits, taxes, utilities, special assessments, and/or any other charges are based upon the best information available; and in the event said figures differ from the actual figures, Affiant agrees) to promptly pay all additional sums owing which are necessary to fully satisfy said outstanding balance. 6. Affiant give(s) this Affidavit for the purpose of inducing Jennifer D. Peshke, Esq. and The Law Offices of Jennifer D. Peshke, P.A. to disburse, at the time of closing, any proceeds of sale, any mortgage proceeds, and/or disbursements made in accordance with any agreements between the parties hereto. 7. Affiant understand(s) whoever makes a false statement which they do not believe to be true, under oath, not in an official proceeding, in regard to any material matter, shall be guilty of a misdemeanor of the first degree, punishable by a definite term of imprisonment not exceeding one (1) year, as provided in Chapter 775 of the Florida Statutes. r Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. Alexandra Van Der Rest, Trustee State of Florida County of Indian River The foregoing instrument was sworn to and subscribed before me this 10th day of September, 2018 by Alexandra Van Der Rest, Trustee as Trustee(s) of the Alexandra Van Der Rest Trust, who U is personally known or [X] has produced a driver's license as identification. pp xz�Q [Notary Seal] Notary Public Printed VICTORIA ANN PERSAUD Name: MY COMMISSION S GG 016M c� EXPIRES: August 16, 2020 My Commission Bonded Thu Budget NoWy Smi- Expires: Non -Foreign Certification By Individual Transferor (Seller's FIRPTA Affidavit) Transferor: Alexandra Van Der Rest as Trustee(s) of the Alexandra Van Der Rest Trust Transferee: Indian River County, Florida, a political subdivision of the State of Florida CERTIFIED TRUE Property: 6830 69th Street, Vero Beach, FL 32967 Closing Date: September 10, 2018 COPY OF ORIGINAL Before me, the undersigned authority, personally appeared the person(s) named in paragraph 2(b) below who, after being duly sworn, stated as follows: This certificate is to inform the transferee that withholding Federal Income Tax is not required, upon the sale of the following described real property: The North 70.00 feet of the South 100 feet of the following described parcel as recorded in Official Records Book 2720, page 1060, Public Records of Indian River County, Florida. The South one-half of the West 10 acres of the East 10.245 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of 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, said land now lying and being in Indian River County, Florida. Together with: The East 0.245 acres of the East 20.49 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company Subdivision filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. 2. The undersigned Transferor certifies and declares as follows: a. I am not a foreign person for purposes of United States income taxation, and am not subject to the tax withholding requirements of Section 1445 of the Internal Revenue Code of 1954, as amended. b. My United States taxpayer identification or Social Security number is: Alexandra Van Der Rest Trust al!a go Brf*) C. My home address is: 6830 69th Street, Vero Beach, FL 32967 d. There are no other persons who have an ownership interest in the above described property other than those persons listed in paragraph 2(b) above. The undersigned hereby further certifies and declares: a. I understand the purchaser of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). b. I understand this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statements contained in this certification may be punished by fine, imprisonment or both. DoubleTime® Under penalties of perjury, I state that this declaration was carefully read and is true and correct. Alexandra Van est State of Florida County of Indian River The foregoing instrument was sworn to and subscribed before me this Vaday of September, 2018 by Alexandra Van Der Rest, Trustee as Trustee(s) of the Alexandra Van Der Rest Trust, who L] is personally known or [X] has produced a driver's license as identification. [Notary Seal] Notary Public Printed Name: cA% My Commission Expires: 0grnu VICTORIA ANN PERSAUD ? ' * W COMMISSION # GG 016640 * EXPIRES. August 16, 2020 '.r. �0gW40 Thu B*st NoWy Sw*" Non -Foreign Certification by Individual Transferor - Page 2 DoubleTime® CERTIFIED TRUE Closing Affidavit COPY OF ORIGINAL (Seller) Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that: 1. Alexandra Van Der Rest as Trustee(s) of the Alexandra Van Der Rest Trust ("Seller"), is the owner of and is selling the following described property to Indian River County, Florida, a political subdivision of the State of Florida ("Buyer"), to wit: The North 70.00 feet of the South 100 feet of the following described parcel as recorded in Official Records Book 2720, page 1060, Public Records of Indian River County, Florida. The South one-half of the West 10 acres of the East 10.245 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of 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, said land now lying and being in Indian River County, Florida. Together with: The East 0.245 acres of the East 20.49 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company Subdivision filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. 2. The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for real estate and personal property taxes for the year 2018, which are not yet due and payable. 3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's, or laborer's liens since acquisition by Seller against the above described property. 4. There have been no documents recorded in the Public Records of Indian River County, Florida subsequent to August 23, 2018, which affect title to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of the Property since said date except as may have been disclosed to Law Offices of Jennifer D. Peshke, P.A. in writing, and Seller has no knowledge of any matter affecting title to the Property. 5. The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of Municipal or County Ordinances pertaining to the above described property. No judgment or decree has been entered in any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than Seller in possession of the above described property. 6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in making the prorations used in closing the transfer and conveyance of the above described property to said buyers, then a new proration and a correct and proper adjustment will be made upon demand. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any instruments that would adversely affect the interest to be insured. 8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and have never been disputed nor questioned. File Number: 01163 DoubleTime® There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property has been in compliance with the applicable building codes, ordinances and statutes. 10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws concerning said property within the past ninety (90) days. 11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property. 12. There are no unrecorded easements, claims of easement or rights-of-way affecting all or any portion of the property. 13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required upon purchase of the above described property, Seller certifies the following: a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for purposes of United States federal income taxation. b. Seller's U.S. Taxpayer Identification Number is . C. Seller's address is: 6830 69th Street, Vero Beach, FL 32967. d. No other persons or entities have an ownership interest in the above described property. Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and correct. 14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Law Offices of Jennifer D. Peshke, P.A. and WFG National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein. Seller hereby holds Law Offices of Jennifer D. Peshke, P.A. and WFG National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller further states that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Seller further certifies that he/she has read, or heard read, the full facts of this Affidavit and understands its context. Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. C], c2 A exandra an er est, rustee Closing Affidavit (Seller) - Page 2 File Number: 01163 DoubleTime® State of Florida County of Indian River The foregoing instrument was sworn to and subscribed before me this 10th day of September, 2018 by Alexandra Van Der Rest, Trustee as Trustee(s) of the Alexandra Van Der Rest Trust, who [] is personally known or [X] has produced a driver's license as identification. [Notary Seal] Notary Public /� Printed Name: % �t°if Gi q My Commission Expires: o��r Au VICTORIA ANN PERSAUD * * MY COMMISSION 0 GG 016840 RES.,August 16,2020 IThu Budget Nod? gerfoes Closing Affidavit (Seller) - Page 3 File Number: 01163 DoubleTime®