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Warranty Deed/Closing StatementLARRY R. ERSKME, P.A. ATTORNEY AT LAW P.O. Box 4035 Key West, FL 33041 305 - 872 - 8401 -phone keyszen@bellsouth.net March 15, 2013 Amy Heavilin Clerk of the Circuit Court Monroe County, Florida 500 Whitehead Street Key West, FL 33040 Re: Fred R. Burrin, DVM to Monroe County Dear Amy: The transaction referenced above closed recently. Accordingly, I enclose the following: 1. Original Warranty Deed recorded in Book 2613 at page 2144; 2. Original, fully executed closing statement; and 3. Original Old Republic National Title Insurance Company Owner's Policy Number OF6- 8102415. As always, it has been a pleasure to participate in this matter on behalf of the County. If you have questions or concerns, feel free to contact me. Sincerely, Larry R. Erskine enc. cc: Natileene W. Cassel 6 C. Doctl 1920861 02/15/2013 2:43PN Filed & Recorded in Official Records of MONROE COUNTY AMY HEAVILIN THIS INSTRUMENT PREPARED BY AND RETURN TO: Larry R. Erskine P.O. Box 4035 DEED D 2013 2 : 43PM Key West, Florida 33041 DEED DOC STAMP CL : DS $147.00 Property Appraisers Parcel Identification (Folio) Number: DoeN 7 "/ V 0() 0V SPACE ABOVE THIS LINE FOR RECORDING DAT BkIl 2613 J d 2144 THIS WARRANTY DEED, made the l day of February, 2013, by Fred R. Burrin, DVM, whose post office address is 6150 Second Street, Key West, FL 33040, herein called the grantor, to Monroe County, a political subdivision of the State of Florida whose post office address is 500 Whitehead Street, Key West, FL 33040, hereinafter called the Grantee: (Wherever 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) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00 /100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in MONROE County, State of Florida, viz.: That portion of vacated MacDonald Avenue abutting and lying between Lot 11, Block 31, and the centerline of vacated MacDonald Avenue, according to the plat of MacDonald's Plat, Stock Island, as recorded in Plat Book 1, page 55, of the Public Records of Monroe County, Florida, more particularly described as follows: BEGIN at the Southeast corner of said Block 31; thence S 00 11 05'34" E along the Southerly extension of the Easterly line of said Block 31 for a distance of 30.00 feet to the centerline of MacDonald Avenue; thence S 89 0 54 1 26" W along the centerline of said MacDonald Avenue for a distance of 50.00 feet to the Southerly Extension of the Westerly line of said Lot 11; thence N 00 1 05'34" W along the Southerly extension of the Westerly Line of said Lot 11 for a distance of 30.00 feet to the Southwest corner of said Lot 11, and also being the Northerly right -of -Way line of MacDonald Avenue; thence N 89 °54'26" E along the Southerly lines of said Lot 11 and the Northerly Right -of -Way Line of MacDonald Avenue for a distance of 50.00 feet to the Point of Beginning. Containing 1,500.00 square feet or 0.0344 acres more or less. Subject to easements, restrictions and reservations of record and taxes for the year 2012 and thereafter. 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. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantors hereby covenant with said grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2012. File No.: 12100 Doco 1920861 Bkp 2613 Pgp 2145 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, seal d and delivered in e presence of: Witness 41 Signature j X-A v7 i2. S��l Witnes 1 Print id Name Wi ess # // Signature / �Q�l / e'eo e ��. Witness #2 Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this L who is personally known to me or has produced SEAL L. LAURIE (REELING DASTUGUE #• : GOWNssan # EE 183895 Expires May 22, 2016 BW&dTWTmyFamhwr&u8oWw70jq My Commission Expires: 4&jAfMMM� �Vol�. Fred R. Vurrin, DVM day of February, 2013, by Fred R. Burrin, DVM, as identification. Public Printed Notary Name OFFICIAL�RECORDS File No.: 12100 Land Title Association - Owner's Fohcy Adopted 6/1 / /2006)(With Foonda OWNER'S POLICY OF TITLE INSURANCE OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Any notice of claim and atny other notice or statement in writing rewired to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company ") insures, as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of. 1. Title being vested other than as stated in Schedule A- 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, scaled, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Tide by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce but only to the extent of the violation or enforcement referred to in that notice. (Covered Risks contina+ed) In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company. OLD ROlI M NATMIM MU Rt81R MU COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota SW (612)371-1111 * Br AesmWnt Attest �Q`� Secretary SERIAL OF6 - 8102415 FORM UF6 (rev 12/lUXWnh Fonda Modifications) ePolicyManager 1 of 6 File Number 12100 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY Schedule A Policy No: OF6- 8102415 Amount of Insurance: $21,000.00 Address Reference: 1. Name of Insured: Premium: $120.75 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 or guarantee is Fee Simple. 3. Title is vested in Monroe County, a political subdivision of the State of Florida, as shown by instrument recorded in Official Records Book 2613, Page 2144, of the Public Records of MONROE County, Florida. 4. The land referred to in this Policy is described as follows: That portion of vacated MacDonald Avenue abutting and lying between Lot 11, Block 31, and the centerline of vacated MacDonald Avenue, according to the plat of MacDonald's Plat, Stock Island, as recorded in Plat Book 1, page 55, of the Public Records of Monroe County, Florida, more particularly described as follows: BEGIN at the Southeast corner of said Block 31; thence S 00 °05'34" E along the Southerly extension of the Easterly line of said Block 31 for a distance of 30.00 feet to the centerline of MacDonald Avenue; thence S 89°54'26" W along the centerline of said MacDonald Avenue for a distance of 50.00 feet to the Southerly Extension of the Westerly line of said Lot 11; thence N 00 0 05'34" W along the Southerly extension of the Westerly Line of said Lot 11 for a distance of 30.00 feet to the Southwest corner of said Lot 11, and also being the Northerly right -of -Way line of MacDonald Avenue; thence N 89 0 54 1 26" E along the Southerly lines of said Lot 11 and the Northerly Right -of -Way Line of MacDonald Avenue for a distance of 50.00 feet to the Point of Beginning. Containing 1,500.00 square feet or 0.0344 acres more or less. Old Republic National Title Insurance Company 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111 Larry R. Erskine ISSUING AGENT Date of policy: February 15, 2013 @ Agent's Reference: 12100 2:43PM 28965 AGENT NO. AGENT'S SIGNATURE P.O. Box 4035, Key West, Florida 33041 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY SCHEDULE B Policy or Guarantee No. OF6- 8102415 File No. #: 12100 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. Any adverse ownership claim by the State of Florida by right of sovereignty to and portion of the Lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 2. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. 3. Outstanding legal and equitable interest and federal tax liens now or hereafter attached or which no notice has been filed among the Public Records of Monroe County, Florida, at the effective date hereof. 4. State law under Chapter 76 -190 and Chapter 22 F -8.02 of the 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 County, Florida. 5. Any law, ordinance or governmental regulation (including, but not limited to building and zoning ordinance) 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 or the land, or the effect of any violation of any such law, ordinance or governmental regulation. 6. This policy does not insure title to land comprising the shores or bottoms of navigable waters or to artificial accretions or fill, bay bottoms, tide lands, land between high and low water marks, submerged lands, nor riparian rights and water privileges incident to ownership of subject property. 7. House Bill No. 634, Chapter 70 -231, an Act relating to the bureau of beaches, shores and coastal construction; amending Chapter 161, Florida Statutes, by adding Section 161.052; providing a setback line for coastal construction and excavation; providing for the granting of variances by the Department of Natural Resources; providing penalties; and providing an effective date. 8. Subject to County Ordinance No. 10 -1977, providing for annual levy on garbage and trash collection fees to be assessed upon this parcel of land, and amendment thereof, County Ordinance No. 13 -1978. 9. Subject to the restrictions, conditions, limitations, and covenants contained in the plat of McDonald's Plat, Stock Island, recorded in Plat Book 1, page 55, of the Public Records of Monroe County, Florida. 10. Subject to the rights of all owners of property described in the plat of MacDonald's Plat, Stock Island, as recorded in Plat Book 1, page 55, of the Public Records of Monroe County, Florida, in and to the vacated street referred to herein above. (Cooened Risks miti,wed) 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of. 1. (a) Any law, ordinance, 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 improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been 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 Tide as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A FORM OF6 (rev. 12/10)(With Florida Modifications) 2 of 6 1. DEFINITION OF TERMS CONDITIONS The following terms when used in this policy mean: (a) "Amount of Insurance ": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 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) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C:) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated 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 A for estate planning purposes. (ii) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant ": An Insured claiming loss or damage. (f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Tide. (g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage ": Mortgage, deed of trust, tr deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records ": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title ": The estate or interest described in Schedule A. (k) "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring 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, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a urchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the �tle. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CIAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is re jected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company s liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. FORM OF6 (rev. 12/10x1Nith Florida Modifications) 3 of 6 5. DEFENSEAND PROSECUTION OFACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not beliable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terns of this policy, whether or not it shall be liable to the Insured. The exercise of these nghts shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Companymay pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Compan y may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the polity shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative 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, memoran da, correspondence, reports, a mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, insect, and copy all of these records in the custolyy or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured ©aimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or govern mental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue anylitigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured 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 by the Company of either of the options provided for in subsections (b) (i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. & DETERMINATION AND EXTENT OF LIABILITY Y This polity is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, FORM OF6 (rev. 12/10)(Wdh Florida Modifications) 4 of 6 (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIDaIITATION OF LiABEUTY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have frilly 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 Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LiABELXIT 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. LIABIITYNONCUMUTATIVE 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 amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Tide and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 1S. UiABn= I.IIAMM TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim ofloss ordamage that arises out ofthe status of the Title or byanyaction asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment ofor endorsement to this policy must be in writingand authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. FORM OF6 (rev. 12/10)(With Florida Modifications) 5 of 6 16. SEVERABILnT In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF IAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. I& NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401 -2499, Phone: (612) 571 -1111. FORM OF6 (rev. 12/10)(With Florida Modifications) 6of6 d T Up o 0 S 3 f� 0 n y O � -1 3 � 0 1�1 lo y< o � ` & 0 �. �0 �0 Sellers) Closing Statement Prepared by Larry R. Erskine 1200 Truman Avenue Suite 207 Key West, Florida 33040 305 - 295 -5180 File Number: 12100 Settlement Date: 02/15/13 Proration Date: 02/14/13 SELLER(S): Fred R. Burrin, DVM PURCHASER(S): Monroe County, a political subdivision of the State of Florida LENDER: PROPERTY: That portion of vacated MacDonald Avenue, Adjacent to Lot 11, 131 31, MacDonald's Plat, Stock Island Description Charges Credits Contract sales price 21 000.00 Mortgage Payoff #1 First State Bank of the Florida Keys 21 000.00 CASH DUE TO SELLER(S) 0.00 TOTAL CHARGES /CREDITS 21,000.00 21,000.00 IN THE EVENT A RE- PRORATION OF THE TAXES IS NECESSARY WHEN THE TAX BILLS FOR THE CURRENT YEAR ARE PREPARED, THE PARTIES AGREE TO HANDLE SAID RE-PRORATION BETWEEN Jf(THEMSELVES. A n'/ 4 1 44.Z/ Fn3d Ft Burrin, DVM Date UZ- 11 -ZU13 at b:b3 AM Buyers) /Borrower(s) Closing Statement Prepared by Larry R. Erskine 1200 Truman Avenue Suite 207 Key West, Florida 33040 305- 295 - 5180 File Number: 12100 Settlement Date: 02/15/13 Proration Date: 02/14/13 SELLER(S): Fred R. Burrin, DVM PURCHASER(S): Monroe County, a political subdivision of the State of Florida LENDER: PROPERTY: That portion of vacated MacDonald Avenue, Adjacent to Lot 11, BI 31, MacDonald's Plat, Stock Island Description Charges Credits Sales Price 21 000.00 Abstract Fee Larry R. Erskine P.A. 125.00 Attorney's fees Larry R. Erskine P.A. 500.00 Owner's Policy Amount Larry R. Erskine P.A. 120.75 Record Deed Clerk of Circuit Court 18.50 Deed Documentary Stamps Clerk of Circuit Court 147.00 Record deed for 0.5' Clerk of Circuit Court 18.50 CASH DUE FROM PURCHASER(S) 21,929.75 TOTAL CHARGES /CREDITS 21,929.75 21,929.75 IN THE EVENT RE- PRORATION OF THE TAXES I NECESSARY WHEN THE T BILLS FOR THE CURRENT YEAR ARE PREPARED, THE PARTIES AGREE TO HANDLE SAID RE- PRORAT N BETWEEN THEMSELVES. n Monroe County, a politics subdivision of the State of Flo h. i i' Date 02 -11 -2013 at 6:57 AM Buyer(s) /Borrower.(s) Closing''Staternent Prepared by Larry R Erskine 1200 Truman Avenue Suite 207 Key West, Florida 33040 305- 295 -5180 File Number: 12100 Settlement Date: 02/15/13 Proration Date: 02/14/13 SELLER(S): Fred R. Burrin, DVM PURCHASER(S): Monroe County, a political subdivision of the State of Florida LENDER: PROPERTY: That portion of vacated MacDonald Avenue, Adjacent to Lot 11, BI 31, MacDonald's Plat, Stock Island Description Charges Credits Sales Price 21,000.00 Abstract Fee Larry R. Erskine, P.A. 125.00 Attorney's fees Larry R. Erskine, P.A. 500.00 Owner's Policy Amount Larry R. Erskine, P.A. 120.75 Record Deed Clerk of Circuit Court 18.50 Deed Documentary Stamps Clerk of Circuit Court 147.00 Record deed for 0.5' Clerk of Circuit Court 18.50 CASH DUE FROM PURCHASER(S) 21,929.75 TOTAL CHARGES /CREDITS 21,929.75 21,929.75 IN THE EVE NT N RE PRORATIQN OF THE TAXES I NECESSARY WHEN THE TAX BILL5 FOR THE CURRENT YEAR ARE PREPARED, THE PARTIES AGREE TO HANDLE SAID RE - PRORA THEMSELVES 1 • Monroe County, a poGaon of the State of Fl da Date 02 -11 -2013 at 6:57 AM Page 1 of 1 Pam Hancock From: "keyszen" <keyszen @bellsouth.net> To: <phancock @monroe - clerk.com> Sent: Saturday, February 16, 2013 5:45 AM Attach: Burrin buyers cI stmt rev.pdf Subject: Burrin to Monroe County Hi Pam: You will recall assisting me back in December with having the Mayor sign several documents for the real estate transaction pertaining to the Stock Island fire station. The closing was delayed but took place yesterday. I am attaching a revised closing statement for the Mayor's signature. It is identical to the original document except that the correct closing date has been inserted. Although the closing has taken place, I would like this for my file. Please have the Mayor sign and I will pick it up in the near future. If you have questions, feel free to call me at 872 -8401. Thanks, Larry Erskine by e\ X 113 2/19/2013