Warranty Deed/Title InsurancePrepared By - Return To:
True Title Agency, Inc.
9 Ships Way
Big Pine Key, FL 33043
- 71 9544 01/02/2018 4:00PVI1
I'1a�.a Recorded in Official Records 1.3f
IIAI�R01: i;,.AUWTY KEVIN CIADOK
01.1E12/201.8. 4:00PM
DIVEM DOC ,STAPIP CL: Krys $1,120.013
Order No.: 2017 -433
Property Appraiser's Parcel I.D. (folio) Number:
00383850- 000000 and 00383860 - 000000
,'.149544
1'1103 2385 NO 1757
WARRANTY DEED 1 '
THIS WARRANTY DEED dated the day of December, 2017, by Frank Edmund Lefler and'Elizabeth
Prout Lefler, husband and wife, whose post office address is 224 Corsair Road, Marathon, Florida 33050 (the
"Grantor "), to Monroe County, a political subdivision of the State of Florida, whose post office address is 1100
Simonton Street, Key West, Florida 33040 (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)
WITNESSETH: That the grantor, for and in consideration of the sum of Ten And No /100 Dollars ($10.00) and
other valuable consideration, receipt whereof is. hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys, and confirms unto the grantee, all the certain land situated.-in County of Monroe, State of Florida,
viz:
Lot 12 and 13, Block 6, PLANTATION ISLAND, DUCK KEY, according to the Plat thereof, recorded in Plat
Book 5, Page 82, of the Public Records of Monroe County, Florida.
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the
meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property.
Subject to easements, restrictions, reservations and limitations of record, if any.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise
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 fiilly warrants the
title to said land and will defend the same against the lawfiil claims of all.persons whomsoever; and that said land is
free of all.encumbrances, except taxes accruing subsequent to: 201.7:.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above
written.
Warranty Deed
Page d
•N
Iaar,q 2149544
I kill 2385 1 1758
STATE OF FLORIDA
COUNTY OF MONROE
Signed, sealed and delivered in presence of
AL, >(� -
Witn nature /
/ /OZ - c - - � ( 1 - 1 n4 !,—
Printed Narl6e of Witness
W itness Signature
Printed Name of Second Witness
The foregoing instrument was acknowledged before me this , A day of December, 2017 by Frank Edmund
Lefler and Elizabeth Prout Lefler, who [ ] are personally known or [ ] have produced a driver's license as
identification.
,ot Yp;, WILLIAM BRAMUCCI
?` MY COMMISSION # GG 015905
„'•, EXPIRES: July 27, 2020
j` Bonded Th Notary Public Underwriters
Notary Public
Printed Name:
My Commission Expires:
h014ROE COU14TY
I:lF1=tC'l[AL. RECORDS
Warranty Deed
Page 12
AML
Fidelity National Title
I nsurtnce Company
Policy No.: 39724 -1 -2017- 433 - 2018.8230609- 213221908
OWNER'S POLICY OF TITLE INSURANCE
Issued by
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida 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, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts
by electronic means authorized by law; or
(vii)a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the 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 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
8230609 ALTA Owners Policy 06/17/06 w -FL Mod 306
Copyright 2006 -2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 1 of 5
(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.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its
duly authorized officers.
Counter' ned:
By:
Authori ed ffic gent
Richard J. Fielder
True Title Agency I c
9 Ships Way
Big Pine Key, FL 33043
Tel:305- 872 -4005
Fax:305 -872 -4041
FIDELITY NATIONAL TITLE INSURANCE COMPANY
���a»utttya By: �,� tc
A
or �pOR
V Cj
SEAL„ 2i
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+�tWnii�� Attest:
Secretary
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 Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests
Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS The following terms when used in this policy mean:
8230609 ALTA Owners Policy 06/17/06 w -FL Mod-306
Copyright 2006 -2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 2 of 5
(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 Title.
(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, trust 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 purchaser
from the Insured, or only so long as the Insured shall have
liability by reason of warranties in any transfer or conveyance
of the Title. This policy shall not continue in force in favor of
any purchaser from the Insured of either (i) an estate or
interest in the Land, or (ii) an obligation secured by a purchase
money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing (i)
in case of any litigation as set forth in Section 5(a) of these
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 rejected as Unmarketable Title. If
the Company is prejudiced by the failure of the Insured
Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the
extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the
amount of loss or damage, the Company may, at its option,
require as a condition of payment that the Insured Claimant
furnish a signed proof of loss. The proof of loss must describe
the defect, lien, encumbrance, or other matter insured against
by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the
amount of the loss or damage.
S. DEFENSE AND PROSECUTION OF ACTIONS
(a)Upon written request by the Insured, and subject to the
options contained in Section 7 of these Conditions, the
Company, at its own cost and without unreasonable delay,
shall provide for the defense of an Insured in litigation in which
any third party asserts a claim covered by this policy adverse
to the Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by this policy.
The Company shall have the right to select counsel of its choice
(subject to the right of the Insured to object for reasonable
cause) to represent the Insured as to those stated causes of
action. It shall not be liable for and will not pay the fees of any
other counsel. The Company will not pay any fees, costs, or
expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this
policy.
(b)The Company shall have the right, in addition to the
options contained in Section 7 of these Conditions, at its own
cost, to institute and prosecute any action or proceeding or to
do any 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 terms of this policy, whether
or not it shall be liable to the Insured. The exercise of these
rights 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.
8230609 ALTA Owners Policy 06/17/06 w -FL Mod_306
Copyright 2006 -2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 3 of 5
(c) Whenever the Company brings an action or asserts a
defense as required or permitted by this policy, the Company
may pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right, in
its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a)In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or 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 Company may be necessary or
desirable to establish the Title, or any other matter as insured.
If the Company is prejudiced by the failure of the Insured to
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 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,
memoranda, correspondence, reports, e- mails, disks, tapes,
and videos whether bearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the Company,
the Insured Claimant shall grant its permission, in writing, for
any authorized representative of the Company to examine,
inspect, and copy all of these records in the custody or control
of a third party that reasonably pertain to the loss or damage.
All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration
of the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably
necessary information from third parties as required in this
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company under
this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have
the following additional options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay 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 any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Insured or With the Insured Claimant.
(1) 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.
S. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the Insured
Claimant who has suffered loss or damage by reason of
matters insured against by this policy.
(a)The extent of liability of the Company for loss or damage
under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii)the difference between the value of the Title as
insured and the value of the Title subject to the risk insured
against by this policy.
(b)If the Company pursues its rights under Section 5 of
these Conditions and is unsuccessful in establishing the Title,
as insured,
(i) the Amount of Insurance shall be increased by
10 %, and
(ii)the Insured Claimant shall have the right to have the
loss or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled and
paid.
(c) In addition to the extent of liability under (a) and (b),
the Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
9. LIMITATION OF LIABILITY
(a)If the Company establishes the Title, or removes the
alleged defect, lien or encumbrance, or cures the lack of a right
of 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 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
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.
8230609 ALTA Owners Policy 06/17/06 w -FL Mod-306
Copyright 2006 -2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 4 of 5
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 amount so paid shall be deemed a
payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been
definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT
(a)Whenever the Company shall have settled and paid a
claim under this policy, it shall be subrogated and entitled to
the rights of the Insured Claimant in the Title and all other
rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of
the amount of any loss, costs, attorneys' fees, and expenses
paid by the Company. If requested by the Company, the
Insured Claimant shall execute documents to evidence the
transfer to the 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 a 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 Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules. A copy of the Rules
may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY
ENTIRE CONTRACT
(a)This policy together with all endorsements, if any,
attached to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any
provision of this policy, this policy shall be construed as a
whole.
(b)Any claim of loss or damage that arises out of the status
of the Title or by any action asserting such claim shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must
be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d)Each endorsement to this policy issued at any time is
made a part of this policy and is subject to all of its terms and
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.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part,
is held invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision or such part held
to be invalid, but all other provisions shall remain in full force
and effect.
17. CHOICE OF LAW; FORUM
(a)Choice of Law: The Insured acknowledges the Company
has underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon the
law affecting interests in real property and applicable to the
interpretation, rights, remedies, or enforcement of policies of
title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of
the jurisdiction where the Land is located to determine the
validity of claims against the Title that are adverse to the
Insured and to interpret and enforce the terms of this policy. In
neither case shall the court or arbitrator apply its conflicts of
law principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding
brought by the Insured against the Company must be filed only
in a state or federal court within the United States of America
or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in
writing required to be given to the Company under this policy
must be given to the Company at FIDELITY NATIONAL TITLE
INSURANCE COMPANY, Attn: Claims Department, P.O. Box
45023, Jacksonville, FL 32232 -5023.
8230609 ALTA Owners Policy 06/17/06 w -FL Mod-306
Copyright 2006 -2016 American Land Title Association. All rights reserved. The use of this Form (or any '
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 5 of 5
FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This
Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose
such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we
encourage you to review the entirety of the Privacy Notice following this summary. You can opt -out of certain disclosures by
following our opt -out procedure set forth at the end of this Privacy Notice.
Types of Information Collected You may provide us with
How Information is Collected We may collect personal
certain personal information about you, like your contact
information from you via applications, forms, and
information, address, demographic information, social security
correspondence we receive from you and others related to our
number (SSN), driver's license, passport, other government ID
transactions with you. When you visit our websites from your
numbers and/or financial information. We may also receive
computer or mobile device, we automatically collect and store
browsing information from your Internet browser, computer
certain information available to us through your Internet
and /or mobile device if you visit or use our websites or
browser or computer equipment to optimize your website
applications.
experience.
Use of Collected Information We request and use your
When Information Is Disclosed We may disclose your
personal information to provide products and services to you, to
information to our affiliates and /or nonaffiliated parties
improve our products and services, and to communicate with
providing services for you or us, to law enforcement agencies or
you about these products and services. We may also share your
governmental authorities, as required by law, and to parties
contact information with our affiliates for marketing purposes.
whose interest in title must be determined.
Choices With Your Information Your decision to submit
Information From Children We do not knowingly collect
information to us is entirely up to you. You can opt -out of
information from children who are under the age of 13, and our
certain disclosure or use of your information or choose to not
website is not intended to attract children.
p rovide any personal information to us.
Privacy Outside the Website We are not responsible for the
International Users By providing us with you information,
privacy practices of third parties, even if our website links to
you consent to its transfer, processing and storage outside of
those parties' websites.
your country of residence, as well as the fact that we will handle
such information consistent with this Privacy Notice.
The California Online Privacy Protection Act Some FNF companies provide services to mortgage loan servicers and, in some
cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking
action or making changes to any consumer information submitted through those websites.
Your Consent To This Privacy Notice By submitting
Access and Correction; Contact Us If you desire to contact us
information to us or by using our website, you are accepting and
regarding this notice or your information, please contact us at
agreeing to the terms of this Privacy Notice.
privacy (a. fief com or as directed at the end of this Privacy
Notice.
Fidelity National Financial, Inc. and its majority -owned subsidiary companies providing title insurance, real estate- and loan- related
services (collectively, "FNF ", "our" or "we ") respect and are committed to protecting your privacy. We will take reasonable steps to
ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and
applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and /or owned by
or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or
application (collectively, the "Website ").
Types of Information Collected
We may collect two types of information from you: Personal
Information and Browsing Information.
Personal Information FNF may collect the following categories
of Personal Information:
• contact information (e.g., name, address, phone number, email
address);
• demographic information (e.g., date of birth, gender, marital
status);
• social security number (SSN), driver's license, passport, and
other government ID numbers;
• financial account information; and
• other personal information needed from you to provide title
insurance, real estate- and loan- related services to you.
Browsing_ Information FNF may collect the following categories
of Browsing Information:
• Internet Protocol (or IP) address or device ID/UDID, protocol
and sequence information;
• browser language and type;
• domain name system requests;
• browsing history, such as time spent at a domain, time and date
of your visit and number of clicks;
• http headers, application client and server banners; and
• operating system and fingerprinting data.
Effective as of May 1, 2015; Last updated March 1, 2017 Copyright 0 2017. Fidelity National Financial, Inc. All Rights Reserved.
How Information is Collected
connection with an investigation, or civil or criminal subpoena
In the course of our business, we may collect Personal
or court order;
Information about you from the following sources:
• to lenders, lien holders, judgment creditors, or other parties
• applications or other forms we receive from you or your
claiming an interest in title whose claim or interest must be
authorized representative;
determined, settled, paid, or released prior to closing; and
• the correspondence you and others send to us;
• other third parties for whom you have given us written
• information we receive through the Website;
authorization to disclose your Personal Information.
• information about your transactions with, or services performed
We may disclose Personal Information and /or Browsing
by, us, our affiliates or nonaffiliated third parties; and
Information when required by law or in the good -faith belief that
• information from consumer or other reporting agencies and
such disclosure is necessary to:
public records maintained by governmental entities that we
• comply with a legal process or applicable laws;
obtain directly from those entities, our affiliates or others.
• enforce this Privacy Notice;
If you visit or use our Website, we may collect Browsing
• investigate or respond to claims that any material, document,
Information from you as follows:
image, graphic, logo, design, audio, video or any other
• Browser Log Files Our servers automatically log each visitor to
information provided by you violates the rights of a third party;
the Website and collect and record certain browsing
or
information about each visitor. The Browsing Information
• protect the rights, property or personal safety of FNF, its users
includes generic information and reveals nothing personal about
or the public.
the user.
We maintain reasonable safeguards to keep your Personal
• Cookies When you visit our Website, a "cookie" may be sent
Information secure. When we provide Personal Information to our
to your computer. A cookie is a small piece of data that is sent
affiliates or third party service providers as discussed in this
to your Internet browser from a web server and stored on your
Privacy Notice, we expect that these parties process such
computer's hard drive. When you visit a website again, the
information in compliance with our Privacy Notice or in a manner
cookie allows the website to recognize your computer. Cookies
that is in compliance with applicable privacy laws. The use of
may store user preferences and other information. You can
your information by a business partner may be subject to that
choose whether or not to accept cookies by changing your
party's own Privacy,Notice. Unless permitted by law, we do not
Internet browser settings, which may impair or limit some
disclose information we collect from consumer or credit reporting
functionality of the Website.
agencies with our affiliates or others without your consent.
Use of Collected Information
We reserve the right to transfer your Personal Information,
Information collected by FNF is used for three main purposes:
Browsing Information, and any other information, in connection
• To provide products and services to you or any affiliate or third
with the sale or other disposition of all or part of the FNF business
party who is obtaining services on your behalf or in connection
and /or assets, or in the event of our bankruptcy, reorganization,
with a transaction involving you.
insolvency, receivership or an assignment for the benefit of
• To improve our products and services.
creditors. You expressly agree and consent to the use and /or
• To communicate with you and to inform you about our, our
transfer of the foregoing information in connection with any of the
affiliates' and third parties' products and services, jointly or
above described proceedings. We cannot and will not be
independently.
responsible for any breach of security by a third party or for any
When Information Is Disclosed
actions of any third party that receives any of the information that
We may provide your Personal Information (excluding
is disclosed to us.
information we receive from consumer or other credit reporting
Choices With Your Information
agencies) and Browsing Information to various individuals and
Whether you submit Personal Information or Browsing
companies, as permitted by law, without obtaining your prior
Information to FNF is entirely up to you. If you decide not to
authorization. Such laws do not allow consumers to restrict these
submit Personal Information or Browsing Information, FNF may
disclosures. Please see the section "Choices With Your Personal
not be able to provide certain services or products to you. The
Information" to learn how to limit the discretionary disclosure of
uses of your Personal Information and/or Browsing Information
your Personal Information and Browsing Information.
that, by law, you cannot limit, include:
• for our evervdav business ournoses — to Drocess vour
Disclosures of your Personal Information may be made to the
following categories of affiliates and nonaffiliated third parties:
• to third parties to provide you with services you have requested,
and to enable us to detect or prevent criminal activity, fraud,
material misrepresentation, or nondisclosure;
• to our affiliate financial service providers for their use to market
their products or services to you;
• to nonaffiliated third party service providers who provide or
perform services on our behalf and use the disclosed information
only in connection with such services;
• to nonaffiliated third party service providers with whom we
perform joint marketing, pursuant to an agreement with them to
market financial products or services to you;
• to law enforcement or other governmental authority in
transactions, maintain your account(s), to respona to raw
enforcement or other governmental authority in connection
with an investigation, or civil or criminal subpoenas or court
orders, or report to credit bureaus;
• for our own marketing purposes;
• for joint marketing with financial companies; and
• for our affiliates' everyday business purposes — information
about your transactions and experiences.
You may choose to prevent FNF from disclosing or using your
Personal Information and /or Browsing Information under the
following circumstances ( "opt- out "):
• for our affiliates' everyday business purposes — information
about your creditworthiness; and
• for our affiliates to market to you.
Effective May 1, 2015; Last updated March 1, 2017 Copyright 0 2017. Fidelity National Financial, Inc. All Rights Reserved.
To the extent permitted above, you may opt -out of disclosure or
use of your Personal Information and Browsing Information by
notifying us by one of the methods at the end of this Privacy
Notice. We do not share your personal information with non -
affiliates for their direct marketing purposes.
For California Residents We will not share your Personal
Information and Browsing Information with nonaffiliated third
parties, except as permitted by California law. Currently, our
policy is that we do not recognize "do not track" requests from
Internet browsers and similar devices.
For Nevada Residents You may be placed on our internal Do Not
Call List by calling (888) 934 -3354 or by contacting us via the
information set forth at the end of this Privacy Notice. Nevada law
requires that we also provide you with the following contact
information: Bureau of Consumer Protection, Office of the
Nevada Attorney General, 555 E. Washington St., Suite 3900, Las
Vegas, NV 89101; Phone number: (702) 486 -3132; email:
BCPINFO@ag.state.nv.us.
For Oregon Residents We will not share your Personal
Information and Browsing Information with nonaffiliated third
parties for marketing purposes, except after you have been
informed by us of such sharing and had an opportunity to indicate
that you do not want a disclosure made for marketing purposes.
For Vermont Residents We will not share your Personal
Information and Browsing Information with nonaffiliated third
parties, except as permitted by Vermont law, such as to process
your transactions or to maintain your account. In addition, we will
not share information about your creditworthiness with our
affiliates except with your authorization. For joint marketing in
Vermont, we will only disclose your name, contact information
and information about your transactions.
Information From Children
The Website is meant for adults and is not intended or designed to
attract children under the age of thirteen (13).We do not collect
Personal Information from any person that we know to be under
the age of thirteen (13) without permission from a parent or
guardian. By using the Website, you affirm that you are over the
age of 13 and will abide by the terms of this Privacy Notice.
Privacy Outside the Website
The Website may contain links to other websites. FNF is not and
cannot be responsible for the privacy practices or the content of
any of those other websites.
International Users
FNF's headquarters is located within the United States. If you
reside outside the United States or are a citizen of the European
Union, please note that we may transfer your Personal
Information and /or Browsing Information outside of your country
of residence or the European Union for any of the purposes
described in this Privacy Notice. By providing FNF with your
Personal Information and/or Browsing Information, you consent
to our collection and transfer of such information in accordance
with this Privacy Notice.
The California Online Privacy Protection Act
For some FNF websites, such as the Customer CareNet ( "CCN "),
FNF is acting as a third party service provider to a mortgage loan
servicer. In those instances, we may collect certain information on
behalf of that mortgage loan servicer via the website. The
information which we may collect on behalf of the mortgage loan
servicer is as follows:
• first and last name;
• property address;
• user name and password;
• loan number;
• social security number - masked upon entry;
• email address;
• three security questions and answers; and
• IP address.
The information you submit through the website is then
transferred to your mortgage loan servicer by way of CCN. The
mortgage loan servicer is responsible for taking action or
making changes to any consumer information submitted
through this website. For example, if you believe that your
payment or user information is incorrect, you must contact
your mortgage loan servicer.
CCN does not share consumer information with third parties,
other than (1) those with which the mortgage loan servicer has
contracted to interface with the CCN application, or (2) law
enforcement or other governmental authority in connection with
an investigation, or civil or criminal subpoenas or court orders.
All sections of this Privacy Notice apply to your interaction with
CCN, except for the sections titled "Choices with Your
Information" and "Access and Correction." If you have questions
regarding the choices you have with regard to your personal
information or how to access or correct your personal information,
you should contact your mortgage loan servicer.
Your Consent To This Privacy Notice
By submitting Personal Information and/or Browsing Information
to FNF, you consent to the collection and use of the information
by us in compliance with this Privacy Notice. Amendments to the
Privacy Notice will be posted on the Website. Each time you
provide information to us, or we receive information about you,
following any amendment of this Privacy Notice will signify your
assent to and acceptance of its revised terms for all previously
collected information and information collected from you in the
future. We may use comments, information or feedback that you
submit to us in any manner that we may choose without notice or
compensation to you.
Accessing and Correcting Information; Contact Us
If you have questions, would like to access or correct your
Personal Information, or want to opt -out of information sharing
with our affiliates for their marketing purposes, please send your
requests to privacy@fnf.com or by mail or phone to:
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
(888) 934 -3354
Effective as of May 1, 2015; Last updated March 1, 2017 Copyright 0 2017. Fidelity National Financial, Inc. All Rights Reserved.
Fidelity
TM
National Title
Insurance Company
ALTA OWNER'S POLICY OF TITLE INSURANCE
SCHEDULE A
Name and Address of Title Insurance Company: Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232 -5023
File No.: 2017 -433 Policy No.: 8230609 - 213221908
Address Reference: Lots 12 and 13, Block 6, Plantation Island, Duck Key, FL 33050
(For information only)
Amount of Insurance: $160,000.00
Premium: $875.00
Date of Policy: January 2, 2018 at 04:00 PM
Name of Insured:
Monroe County, a political subdivision of the State of Florida
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple as shown by instrument recorded as Document No.2149544 in Official Records Book 2885,
Page 1757, of the Public Records of Monroe County, Florida.
3. Title is vested in:
Monroe County, a political subdivision of the State of Florida
4. The Land referred to in this policy is described as follows:
Lot 12 and 13, Block 6, PLANTATION ISLAND, DUCK KEY, according to the Plat thereof, recorded
in Plat Book 5, Page 82, of the Public Records of Monroe County, Florida.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT
COVERAGE AND TO PROVIDE ASSISTANCE IS 1- 800 - 669 -7450
ALTA Owner's Policy (6/17/06)
2730609 (With Florida Modifications)
Copyright American Land Title Association. All rights reserved. AMER
LAND TITLE
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other ASSOCIATION
uses are prohibited. Reprinted under license from the American Land Title Association. T;t
2017 -433
Fidelit y National Title'
Insurance Company
TTf
SCHEDULE B
File No.: 2017 -433
Policy No.: 8230609 - 213221908
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:
A. State Law under Chapter 76 -190, now codified under Chapter 380, Florida Statutes; Chapter 27F -8 and
Rule 28- 29.001 et seq., of the Florida Administrative Code for Land Planning for the Florida Keys Area of
Critical State Concern, as originally recorded at Official Records Book 668, Page 43.
B. Subject to County Ordinance No. 10 -1977 for the collection of waste in the County of Monroe, State of
Florida, and amendment thereof, County Ordinance No. 13 -1978.
C. 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 addition 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.
D. The Provisions of Florida Statutes Section 380.0552, "The Florida Keys Area Protection Act," establishing
a land use management system that protects and conserves the natural environment and community
character of the Florida Keys.
E. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of
PLANTATION ISLAND, DUCK KEY, as recorded in Plat Book 5, Page 82, of the Public Records of
Monroe County, Florida.
F. Any land use restrictions which may have been or will be imposed by any governmental body including,
without limitation, Monroe County, Florida, the State of Florida, or the Corps of Engineers of the United
States of America.
G. The effect of county zoning ordinances and the results of the exercise of governmental police powers of
the County of Monroe and the State of Florida.
H. Easements, claims of easements, boundary line disputes, overlaps, encroachments or other matters not
shown by the public records which would be disclosed by an accurate survey of the land.
ALTA Owner's Policy (6/17/06)
2730609 (With Florida Modifications)
Copyright American Land Title Association. All rights reserved. AMERICAN
LAND TITL
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other ASSOCIATION
uses are prohibited. Reprinted under license from the American Land Title Association. t
2017 -433
SCHEDULE B
(Continued)
Declaration of Restrictions of April 7, 1965, recorded April 8, 1965 in Official Records Book 339, Pages
111 through 2116; filed December 7, 1965 in Official Records Book 362, Page 340 -342 dated; of
December 6, 1965, recorded December 9, 1965 in Official Records Book 362, Page 604; amendment
thereto February 20, 1976 recorded February 25, 1976 in Official Records Book 645 Pages 158 through
163 and in Official Records Book 1613, Page 1219.
Subject to a reservation by the Trustees of the Internal Improvement Fund of the State of Florida, and
their successors, to an undivided 3/4 of all phosphate, minerals and metals, and title to an undivided 1/2
interest in all petroleum which may be found on or under the subject land, with privilege to mine and
develop the same. NOTE: The right of entry and exploration has been released by the provisions of
Florida Statute 270.11(2) for tracts not exceeding twenty (20) acres.
K. Resolution recorded in Official Records Book 2415, Page 313.
Taxes and assessments for the year 2018 and subsequent years, which are not yet due and payble.
M. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including
submerged, filled or artificially exposed lands accreted to such land.
N. Rights of the United States of America over any portion of the Land now or formerly submerged, arising by
reason of the United States' control over navigable waters in the interest of navigation and commerce.
NOTE: All recording references in this commitment/policy shall refer to the public records of Monroe
County, Florida, unless otherwise noted.
ALTA Owner's Policy (6/17/06)
2730609 (With Florida Modifications)
Copyright American Land Title Association. All rights reserved. AMER ICAN
LAND TUT 1,
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other ASSOCIATION
uses are prohibited. Reprinted under license from the American Land Title Association. 7t
2017 -433