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Warranty Deed • 9 1 9 7 5 1 + RE I 378 PAGE! 3 08 D6 ° • iY .vim [Space Above This Line for Recording Data] WARRANTY DEED ,/ 4' //+-,� // This Indenture made this � t day of C��G� eL�c° , 1995 BETWEEN BRIAN N. SULLIVAN, a single man, of P.O. BOX 421063, SUMMERLAND KEY, F 33042, GRANTOR *, and MONROE COUNTY, a political subdivision of the State of Florida, of 500 WHITEHEAD ST., KEY WEST, FL 33040, as GRANTEE'. WI T N E S S E T H, That said Grantor, for and in consideration of the sum of TEN AND 00 /100'S ($10.00) Dollars 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 grantee and grantee's heirs forever the following described land located in the County of Monroe, State of Florida, to -wit: LOTS 8, 9, 45, 46, 47, and 48, BLOCK 4, CUTTHROAT HARBOR ESTATES, according to the Plat thereof, as recorded in Plat Book 4, page 165 of the Public Records of Monroe County, Florida. RE# 177040 & 177050 & 177410 - 177440 SUBJECT TO Utiity Easement as filed in Official Records Book 260, page 102 and per Plat Book 4, page 165 all of the Public Records of Monroe County, Florida. THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE HOMESTEAD OF THE GRANTOR HEREIN NOR HIS SPOUSE NOR ANY OF HIS IMMEDIATE HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE OF FLORIDA. IT IS VACANT LAND. BY ACCEPTANCE OF THIS WARRANTY DEED, GRANTEE HEREIN HEREBY AGREES THAT THE USE OF THE PROPERTY DESCRIBED HEREIN SHALL BE SUBJECT TO THE COVENANTS AND RESTRICTIONS AS SET FORTH IN THAT CERTAIN GRANT CONTRACT RECORDED IN OFFICIAL RECORDS BOOK 1297, PAGE 1090, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE PROPERTY HEREIN DESCRIBED. IF ANY OF THE COVENANTS AND RESTRICTIONS OF THE GRANT CONTRACT ARE VIOLATED BY THE GRANTEE OR BY SOME THIRD PARTY WITH THE KNOWLEDGE OF THE GRANTEE, FEE SIMPLE TITLE TO THE PROPERTY DESCRIBED HEREIN SHALL BE CONVEYED TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA IN ACCORDANCE WITH THE GRANT CONTRACT WITHOUT FURTHER NOTICE TO GRANTEE, ITS SUCCESSORS AND ASSIGNS, AND GRANTEE, ITS SUCCESSORS AND ASSIGNS SHALL FORFEIT ALL RIGHT, TITg AND INTEREST IN AND TO THE PROPERTY DESCRIBED HEREIN. z and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful cighls of Vali persons whomsoever. - N *singular and plural are interchangeable as context requires. r IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal this day and year first above written? la WITNESSES P � c l r � z a �,r N N. SUL IVA died Era Official Rocoad3 e! j rt MCr a : auos"y, F Retold V i r" ivd e . 70da DANNY L. KOLLHAOE COUNTY OF (V\ vrNr ` 9-r- Clark Circuit Court STATE OF rt ck_ /� 4'!. I HEREBY CERTIFY that on this L / day of c 09/ , before me, an officer duly qualified to take acknowledgements, personally appeared: BRIAN N. SULLIVAN, a single man to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. Driver's License shown as identification. NOTARY PUBLIC �f,cl.n F72 54r,- MEYER & ERSKINE, P.A. COMMISSION EXPIRATION: .;: ,— - Prepared by ATTORNEYS AT LAW �d { >a RT. 5, BOX 8 E JLr: ` ' o s hru Natty Public BIG PINE KEY, FL 33043 (American Land Title Association Owner's Policy — 10- 17 -92) (With Florida Modifications) OWNER'S TITLE INSURANCE POLICY Attorneys' Tide Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. kNS'i ,A Attorneys' Title Insurance Fund, Inc. s.... s C7 Ae...4.rce.e."104-1 s E Plocetoo By Charles J. 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OPM- 1158121 Agent's File No. #• 95409 Effective Date. NOVEMBER 21, 1995 AT 10:31 A.M. Amount of Insurance: $18,393.00 1. Name of insured: MONROE COUNTY, a political subdivision of the State of Florida 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 1378, Page 1308, of the Public Records of Monroe County, Florida. 3. The land referred to in this commitment is described as follows: LOTS 8, 9, 45, 46, 47, and 48, BLOCK 4, CUTTHROAT HARBOR ESTATES, according to the Plat thereof, as recorded in Plat Book 4, page 165 of the Public Records of Monroe County, Florida. I, the undersigned agent, hereby certify that 1) the transaction insured herein is govemed by RESPA. YES _ NO 2) if YES to the above, I have performed all "core title agent services. "t YES NO MEYER & ERSKINE AGENT NO. 7735 PI/ ATTORNEYS AT LAW 29872 OVERSEAS HWY. BIG PINE KEY • LORID • 33043 SCHEDULE B Policy No. OPM- 1158121 This policy does not insure against Toss or damage by reason of the following exceptions: 1. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 2. Easements or claims of easements not shown by the public records. 3. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands. 4. Subject to Florida Administrative Code for Land Planning for the Florida Keys Area of Critical State Concern, recorded in Official Records Book 668, page 43, of the Public Records of Monroe Florida. 5. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 6. Subject to Utility Easements as filed in Official Records Book 260, page 102 and as per Plat Book 4, page 165 all of the Public Records of Monroe County, Florida. 7. Subject to Restrictions as filed in Official Records Book 1378, page 1308 of the Public Records of Monroe County, Florida. - L Conditions and Stipulations • 1. Definition of Terms have the right to select counsel of its choice (subject to the right of The following terms when used in this policy mean: the insured to object for reasonable cause) to represent the insured (a) "insured ": the insured named in Schedule A, and, subject to as to those stated causes of action and shall not be liable for and will any rights or defenses The Fund would have had against the named not pay the fees of any other counsel. The Fund will not pay any fees, insured, those who succeed to the interest of the named insured by costs or expenses incurred by the insured in the defense of those operation of law as distinguished from purchase including, but not causes of action which allege matters not insured against by this limited to, heirs, distributees, devisees, survivors, personal represen- policy. tatives, next of kin, or corporate or fiduciary successors. (b) The Fund shall have the right, at its own cost, to institute and (b) "insured claimant": an insured claiming loss or damage. prosecute any action or proceeding or to do any other act which in (c) "knowledge" or "known ": actual knowledge, not constructive its opinion may be necessary or desirable to establish the title to the knowledge or notice which may be imputed to an insured by reason estate or interest, as insured, or to prevent or reduce loss or damage of the public records as defined in this policy or any other records to the insured. The Fund may take any appropriate action under the which impart constructive notice of matters affecting the land. terms of this policy, whether or not it shall be liable hereunder, and (d) "land ": the land described or referred to in Schedule A, and shall not thereby concede liability or waive any provision of this improvements affixed thereto which by law constitute real property. policy. If The Fund shall exercise its rights under this paragraph, it The term "land" does not include any property beyond the lines of shall do so diligently. the area described or referred to in Schedule A, nor any right, title, (c) Whenever The Fund shall have brought an action or inter - interest, estate or easement in abutting streets, roads, avenues, alleys, posed a defense as required or permitted by the provisions of this lanes, ways or waterways, but nothing herein shall modify or limit the policy, The Fund may pursue any litigation to final determination extent to which a right of access to and from the land is insured by this by a court of competent jurisdiction and expressly reserves the right, policy. in its sole discretion, to appeal from any adverse judgment or order. (e) "mortgage ": mortgage, deed of trust, trust deed, or other (d) In all cases where this policy permits or requires The Fund to security instrument. prosecute or provide for the defense of any action or proceeding, the (0 "public records ": records established under state statutes at insured shall secure to The Fund the right to so prosecute or provide Date of Policy for the purpose of imparting constructive notice of defense in the action or proceeding, and all appeals therein, and permit matters relating to real property to purchasers for value and without The Fund to use, at its option, the name of the insured for this purpose. knowledge. With respect to Section 1(a) (iv) of the Exclusions from Whenever requested by The Fund, the insured, at The Fund's expense, Coverage, "public records" shall also include environmental protec- shall give The Fund all reasonable aid (i) in any action or proceeding, tion liens filed in the records of the clerk of the United States district securing evidence, obtaining witnesses, prosecuting or defending the court for the district in which the land is located. action or proceeding, or effecting settlement, and (ii) in anyotherlawful (g) "unmarketability of the title ": an alleged or apparent matter act which in the opinion of The Fund may be necessary or desirable to affecting the title to the land, not excluded or excepted from establish the title to the estate or interest as insured. If The Fund is coverage, which would entitle a purchaser of the estate or interest prejudiced by the failure of the insured to furnish the required coopera- described in Schedule A to be released from the obligation to Lion, The Fund's obligations to the insured under the policy shall purchase by virtue of a contractual condition requiring the delivery terminate, including any liability or obligation to defend, prosecute, or of marketable title. continue any litigation, with regard to the matter or matters requiring such cooperation. 2. Continuation of Insurance After Conveyance of Title The coverage of this policy shall continue in force as of Date of 5. Proof of Loss or Damage Policy in favor of an insured only so long as the insured retains an In addition to and after the notices required under Section 3 of estate or interest in the land, or holds an indebtedness secured by these Conditions and Stipulations have been provided The Fund, a a purchase money mortgage given by a purchaser from the insured, proof of loss or damage signed and sworn to by the insured claimant or only so long as the insured shall have liability by reason of shall be furnished to The Fund within 90 days after the insured covenants of warranty made by the insured in any transfer or claimant shall ascertain the facts giving rise to the loss or damage. The conveyance of the estate or interest. This policy shall not continue in proof of loss or damage shall describe the defect in, or lien or force in favor of any purchaser from the insured of either (i) an encumbrance on the title, or other matter insured against by this estate or interest in the land, or (ii) an indebtedness secured by a policy which constitutes the basis of loss or damage and shall state, purchase money mortgage given to the insured. to the extent possible, the basis of calculating the amount of the loss or damage. If The Fund is prejudiced by the failure of the insured 3. Notice of Claim To Be Given by Insured Claimant claimant to provide the required proof of loss or damage, The The insured shall notify The Fund promptly in writing (i) in case Fund's obligations to the insured under the policy shall terminate, of any litigation as set forth in Section 4(a) below, (ii) in case including any liability or obligation to defend, prosecute, or continue knowledge shall come to an insured hereunder of any claim of title any litigation, with regard to the matter or matters requiring such or interest which is adverse to the title to the estate or interest, as proof of loss or damage. insured, and which might cause loss or damage for which The Fund In addition, the insured claimant may reasonably be required to may be liable by virtue of this policy, or (iii) if title to the estate or submit to examination under oath by any authorized representative interest, as insured, is rejected as unmarketable. If prompt notice of The Fund and shall produce for examination, inspection and shall not be given to The Fund, then as to the insured all liability of copying, at such reasonable times and places as may be designated The Fund shall terminate with regard to the matter or matters for by any authorized representative of The Fund, all records, books, which prompt notice is required; provided, however, that failure to ledgers, checks, correspondence and memoranda, whether bear - notify The Fund shall in no case prejudice the rights of any insured ing a date before or after Date of Policy, which reasonably pertain under this policy unless The Fund shall be prejudiced by the failure to the loss or damage. Further, if requested by any authorized and then only to the extent of the prejudice. representative of The Fund, the insured claimant shall grant its permission, in writing, for any authorized representative ofThe Fund 4. Defense and Prosecution of Actions; Duty of Insured Claimant to examine, inspect and copy all records, books, ledgers, checks, To Cooperate correspondence and memoranda in the custody or control of a third (a) Upon written request by the insured and subject to the options party, which reasonably pertain to the loss or damage. All information contained in Section 6 of these Conditions and Stipulations, The designated as confidential by the insured claimant provided to The Fund, at its own cost and without unreasonable delay, shall provide Fund pursuant to this Section shall not be disclosed to others unless, for the defense of an insured in litigation in which any third party in the reasonable judgment of The Fund, it is necessary in the asserts a claim adverse to the title or interest as insured, but only as administration of the claim. Failure of the insured claimant to submit to those stated causes of action alleging a defect, lien or encum- for examination under oath, produce other reasonably requested brance or other matter insured against by this policy. The Fund shall information or grant permission to secure reasonably necessary Conditions and Stipulations (continued on following page) Conditions and Stipulations (continued) information from third parties as required in this paragraph shall 9. Limitation of Liability terminate any liability of The Fund under this policy as to that claim. (a) If The Fund establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from 6. Options To Pay or Otherwise Settle Claims; the land, or cures the claim of unmarketability of title, all as insured, Termination of Liability in a reasonably diligent manner by any method, including litigation In case of a claim under this policy, The Fund shall have the and the completion of any appeals therefrom, it shall have fully following additional options: performed its obligations with respect to that matter and shall not (a) To Pay or Tender Payment of the Amount of Insurance. be liable for any loss or damage caused thereby. To pay or tender payment of the amount of insurance under this (b) In the event of any litigation, including litigation by The Fund policy together with any costs, attorneys' fees and expenses incurred or with The Fund's consent, The Fund shall have no liability for loss by the insured claimant, which were authorized by The Fund, up to or damage until there has been a final determination by a court of the time of payment or tender of payment and which The Fund is competent jurisdiction, and disposition of all appeals therefrom, obligated to pay. adverse to the title as insured. Upon the exercise by The Fund of this option, all liability and (c) The Fund shall not be liable for loss or damage to any insured obligations to the insured under this policy, other than to make the for liability voluntarily assumed by the insured in settling any claim payment required, shall terminate, including any liability or obliga- or suit without the prior written consent of The Fund. tion to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund for cancellation. 10. Reduction of Insurance; Reduction or Termination (b) To Pay or Otherwise Settle With Parties Other than the of Liability Insured or With the Insured Claimant. All payments under this policy, except payments made for costs, (i) to pay or otherwise settle with other parties for or in the attorneys' fees and expenses, shall reduce the amount of the name of an insured claimant any claim insured against under this insurance pro tanto. policy, togetherwith any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to 11. Liability Noncumulative the time of payment and which The Fund is obligated to pay; or It is expressly understood that the amount of insurance under this (ii) to pay or otherwise settle with the insured claimant the loss policy shall be reduced by any amount The Fund may pay under any or damage provided for under this policy, together with any costs, policy insuring a mortgage to which exception is taken in Schedule attorneys' fees and expenses incurred by the insured claimant B or to which the insured has agreed, assumed, or taken subject, or which were authorized by The Fund up to the time of payment and which is hereafter executed by an insured and which is a charge or which The Fund is obligated to pay. lien on the estate or interest described or referred to in Schedule A, Upon the exercise by The Fund of either of the options provided and the amount so paid shall be deemed a payment under this policy for in paragraphs (b) (i) or (ii), The Fund's obligations to the to the insured owner. insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any 12. Payment of Loss liability or obligation to defend, prosecute or continue any litigation. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or 7. Determination, Extent of Liability and Coinsurance destroyed, in which case proof of loss or destruction shall be This policy is a contract of indemnity against actual monetary loss furnished to the satisfaction of The Fund. or damage sustained or incurred by the insured claimant who has (b) When liability and the extent of loss or damage has been suffered loss or damage by reason of matters insured against by this definitely fixed in accordance with these Conditions and Stipula- policy and only to the extent herein described. tions, the loss or damage shall be payable within 30 days thereafter. (a) The liability of The Fund under this policy shall not exceed the least of: 13. Subrogation Upon Payment or Settlement (i) the Amount of Insurance stated in Schedule A; or, (a) The Fund's Right of Subrogation. (ii) the difference between the value of the insured estate or Whenever The Fund shall have settled and paid a claim under this interest as insured and the value of the insured estate or interest policy, all right of subrogation shall vest in The Fund unaffected by subject to the defect, lien or encumbrance insured against by this any act of the insured claimant. policy. The Fund shall be subrogated to and be entitled to all rights and (b) (This paragraph dealing with Coinsurance was removed from remedies which the insured claimant would have had against any Florida policies.) person or property in respect to the claim had this policy not been (c) The Fund will pay only those costs, attorneys' fees and expenses issued. If requested by The Fund, the insured claimant shall transfer incurred in accordance with Section 4 of these Conditions and to The Fund all rights and remedies against any person or property Stipulations. necessary in order to perfect this right of subrogation. The insured claimant shall permit The Fund to sue, compromise or settle in the S. Apportionment name of the insured claimant and to use the name of the insured If the land described in Schedule A consists of two or more parcels claimant in any transaction or litigation involving these rights or which are not used as a single site, and a loss is established affecting remedies. one or more of the parcels but not all, the loss shall be computed and If a payment on account of a claim does not fully cover the loss of settled on a pro rata basis as if the amount of insurance under this the insured claimant, The Fund shall be subrogated to these rights policy was divided pro rata as to the value on Date of Policy of each and remedies in the proportion which The Fund's payment bears separate parcel to the whole, exclusive of any improvements made to the whole amount of the loss. subsequent to Date of Policy, unless a liability or value has otherwise If loss should result from any act of the insured claimant, as stated been agreed upon as to each parcel by The Fund and the insured at above, that act shall not void this policy, but The Fund, in that event, the time of the issuance of this policy and shown by an express shall be required to pay only that part of any losses insured against statement or by an endorsement attached to this policy. by this policy which shall exceed the amount, if any, lost to The Fund Conditions and Stipulations (continued on reverse page) Conditions and Stipulations (continued) by reason of the impairment by the insured claimant of The Fund's right of subrogation. 15. Liability Limited to this Policy; Policy Entire Contract (b) The Fund's Rights Against Non - insured Obligors. (a) This policy together with all endorsements, if any, attached The Fund's right of subrogation against non- insured obligors hereto by The Fund is the entire policy and contract between the shall exist and shall include, without limitation, the rights of the insured and The Fund. In interpreting any provision of this policy, insured to indemnities, guaranties, other policies of insurance or this policy shall be construed as a whole. bonds, notwithstanding any terms or conditions contained in (b) Any claim of loss or damage, whether or not based on negli- those instruments which provide for subrogation rights by reason gence, and which arises out of the status of the title to the estate or of this policy. interest covered hereby or by any action asserting such claim, shall be restricted to this policy. 14. Arbitration (c) No amendment of or endorsement to this policy can be made Unless prohibited by applicable law, arbitration pursuant to the Title except by a writing endorsed hereon or attached hereto signed by Insurance Arbitration Rules of the American Arbitration Association may either the President, a Vice President, or Agent of The Fund. be demanded if agreed to by both The Fund and the insured. Arbitrable matters may indude, but are not limited to, any controversy or claim 16. Severability between The Fund and the insured arising out of or relating to this policy, In the event any provision of the policy is held invalid or unen- and service e f The Fund in connection with its issuance or the breach of a forceable under applicable law, the policy shall be deemed not to policy provisionorotherobligation. Arbitrationpursuanttothispolicyand include that provision and all other provisions shall remain in full under the Rules in Ifect on the date the demand for arbitration is made or, force and effect. at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may indude attorneys'fees only if the 17. Notices, Where Sent laws of the state in which the land is located permit a court to award All notices required to be given The Fund and any statement in attorneys' fees to a prevailing party. Judgment upon the award rendered writing required to be furnished The Fund shall include the by the Arbitrator(s) may be entered in any court having jurisdiction number of this policy and shall be addressed to The Fund at its thereof. principal office at Post Office Box 628600, Orlando, Florida The law of the situs of the land shall apply to an arbitration under 32862 -8600. the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from The Fund upon request.