Warranty Deed/Title Insurance DoeU 2177242 07/10/2018 11:09AM
Filed & Recorded in Official Records of
MONROE COUNTY KEVIN MADOK
07/10/2018 11:09AM
Prepared By - Return To: DEED DOC STAMP CL: Krys $595.00
True Title Agency, Inc.
9 Ships Way
Big Pine Key, FL 33043 -
Doep 2177242
Bkti 2916 P9U 418
Order No.: 2018 -295
Property Appraiser's Parcel I.D. (folio) Number:
00380240 - 000000
WARRANTY DEED
THIS WARRANTY DEED dated the ID day of July, 2018, by 141 PPH Properties, LLC a Florida
limited liability company, whose post office address is 121 9th Street, Belleair Beach, Florida 33786 (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 confines unto the grantee, all the certain land situated in County of Monroe, State of Florida,
viz:
Lot 3, Block 6, CENTER ISLAND, Duck Key, according to the Plat thereof, as recorded in the 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 fully warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is
free of all encumbrances, except taxes accruing subsequent to: 2017.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above
written.
Warranty Deed
Page 1
Doers 2177242
Bkp 2916 PO 419
Signed, se ed and delivered in presence of:
141 PPH Properties, LLC a Florida limited liability
company Witness Signature
BY: G /(1 W 4i0
Pau Price Pri ted Name of First Witness
Manager
BY: Witness Signature
Christeen Price /� ` \
Manager - C kIlle v i e'Y \fl-1 1 1 k — Printed Name of Second Witness
STATE OF FLO DA
COUNTY OF D V\R` IA0
The foregoing instrument was sworn to and subscribed before me this ok. U day of June, 2018 by Paul Price and
Christeen Price, as managers of 141 PPH Properties, LLC, a Florida limited liability company, who [ ] are
personally known to me or [ ] have produced a driver's license as identification.
Notary Public
[Notary Seal] QQ o
Printed Name: n C1-►' l
• *0. " ° " LINDA RIORDAN My Commission Expires: 0 3 -3 1 - 2-0 2-6
J
2-
MY COMMISSION : ch # 31, FF 2020 977154
•
MONROE COUNTY
OFFICIAL RECORDS
Warranty Deed
Page 12
DocU 2177241 07/10/2018 11:09AM
Filed & Recorded in Official Records of
MONROE COUNTY KEVIN MADOK
Prepared By - Return To: DoeU 2177241
True Title Agency, Inc. Bkq 2916 PO 416
9 Ships Way
Big Pine Key, FL 33043
Order No.: 2018 -295
LLC AFFIDAVIT
STATE OF FLORID
COUNTY OF / 11 ja,..f
BEFORE ME, the undersigned authority, this day personally appeared Paul Price and Christeen Price
(the "Affiants ") who being by me first duly sworn, state as follows:
1. That they are managers of 141 PPH Properties, LLC a Florida limited liability company ( "LLC').
2. LLC is currently in existence under valid articles of organization dated May 20, 2014 and Regulations
dated May 20, 2014.
3. LLC has not been terminated or dissolved.
4. The following parties are 100% of all members and managers of LLC:
Paul Price, Manager
Christeen Price, Manager
5. The LLC is hereby authorized to sell the following described real property ( "Property "), with the
following address: Lot 3, Block 6, Center Island, Duck Key, Marathon, FL 33050, more particularly
described as follows:
Lot 3, Block 6, CENTER ISLAND, Duck Key, according to the Plat thereof, as recorded in the Plat Book
5, Page 82 of the Public Records of Monroe County, Florida
6. Paul Price and Christeen Price are authorized by the articles of organization to execute deeds,
mortgages and other documents on behalf of the LLC, and all necessary consents have been
obtained.
7. Neither the LLC nor any of the members or managers is currently a debtor in any bankruptcy
proceeding, and this conveyance or mortgage is in the ordinary course of business.
8. This affidavit is given to induce True Title Agency, Inc. and Fidelity National Title Insurance Company
to issue its title policy insuring the contemplated transaction.
9. Affiant further states that he /she is familiar with the nature of an oath and with the penalties as
provided by the laws of the State of Florida for falsely swearing to statements made in an instrument
of this nature. Affiant further certifies that he /she has fully read this affidavit and understands its
contents.
LLC Affidavit
Page 11
1'
Doe! 2177241
Bktt 2916 NU 417
By. /
Paul Price, Affian
By:
Christeen Price, Affiant
STATE OF FLORIDA
COUNTY OF PXcL9 ttww__
-14zT
Sworn To, Subscribed and Acknowledged before me on the Ow day of June, 2018, by Paul Price
and Christeen Price, as Managers of and on behalf of 141 PPH Properties, LLC a Florida limited liability
company, who are personally known to me or who have produced a valid driver's license as identification.
P ee'V;g0-
NOTARY PUBLIC
eN LINDA RIORDAN t y J c
MY COMMISSION N
r l/L
*ce Notary Print Name - -1
• My Commission Expires: 03.2 .)_ 2 -
MONROE COUNTY
OFFICIAL RECORDS
LLC Affidavit
Page 12
, .
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O Fidelity Na o a Title'
Ins =Into Company
Policy No.: 39724 -1- 2018 - 295 - 2018.8230609- 214644200
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 Toss 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) failurerof 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.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Counter •ned:
6 497) .
By: � � By:
Authorized Officer • Agent
Richard J. Fielder Le o o �PPRg Tm M
True Title Agency In z • o =; President
9 Ships Way SEAL 34
Big Pine Key, FL 33043 'o,9G 1 • ',.' R �`
Tel : 305 - 872 -4005 ttitti�3�ttit�
Fax:305 -872 -4041 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 Toss 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
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 lessee of the Title or lender on the Title to be released from the
A, as may be increased or decreased by endorsement to this obligation to purchase, lease, or lend if there is a contractual
policy, increased by Section 8(b), or decreased by Sections 10 condition requiring the delivery of marketable title.
and 11 of these Conditions. 2. CONTINUATION OF INSURANCE
(b) "Date of Policy ": The date designated as 'Date of Policy" The coverage of this policy shall continue in force as of Date
in Schedule A. of Policy in favor of an Insured, but only so long as the Insured
(c) "Entity": A corporation, partnership, trust, limited liability retains an estate or interest in the Land, or holds an obligation
company, or other similar legal entity. secured by a purchase money Mortgage given by a purchaser
(d) "Insured ": The Insured named in Schedule A. from the Insured, or only so long as the Insured shall have
(i) The term "Insured" also includes liability by reason of warranties in any transfer or conveyance
(A) successors to the Title of the Insured by of the Title. This policy shall not continue in force in favor of
operation of law as distinguished from purchase, including any purchaser from the Insured of either (i) an estate or
heirs, devisees, survivors, personal representatives, or next of interest in the Land, or (ii) an obligation secured by a purchase
kin; money Mortgage given to the Insured.
(B) successors to an Insured by dissolution, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
merger, consolidation, distribution, or reorganization; CLAIMANT
(C) successors to an Insured by its conversion to The Insured shall notify the Company promptly in writing (i)
another kind of Entity; in case of any litigation as set forth in Section 5(a) of these
(D) a grantee of an Insured under a deed Conditions, (ii) in case Knowledge shall come to an Insured
delivered without payment of actual valuable consideration hereunder of any claim of title or interest that is adverse to the
conveying the Title Title, as insured, and that might cause loss or damage for
(1)if the stock, shares, memberships, or other which the Company may be liable by virtue of this policy, or
equity interests of the grantee are wholly -owned by the named (iii) if the Title, as insured, is rejected as Unmarketable Title. If
Insured, the Company is prejudiced by the failure of the Insured
(2)if the grantee wholly owns the named Insured, Claimant to provide prompt notice, the Company's liability to
(3)if the grantee is wholly -owned by an affiliated the Insured Claimant under the policy shall be reduced to the
extent of the prejudice.
Entity of the named Insured, provided the affiliated Entity and 4. PROOF OF LOSS
the named Insured are both wholly -owned by the same person In the event the Company is unable to determine the
or Entity, or amount of loss or damage, the Company may, at its option,
(4)if the grantee is a trustee or beneficiary of a require as a condition of payment that the Insured Claimant
trust created by a written instrument established by the furnish a signed proof of loss. The proof of loss must describe
Insured named in Schedule A for estate planning purposes. the defect, lien, encumbrance, or other matter insured against
(ii) With regard to (A), (B), (C), and (D) reserving, by this policy that constitutes the basis of loss or damage and
however, all rights and defenses as to any successor that the shall state, to the extent possible, the basis of calculating the
Company would have had against any predecessor Insured. amount of the loss or damage.
(e) "Insured Claimant ": An Insured claiming loss or S. DEFENSE AND PROSECUTION OF ACTIONS
damage. (a)Upon written request by the Insured, and subject to the
(f) "Knowledge" or "Known ": Actual knowledge, not options contained in Section 7 of these Conditions, the
constructive knowledge or notice that may be imputed to an Company, at its own cost and without unreasonable delay,
Insured by reason of the Public Records or any other records shall provide for the defense of an Insured in litigation in which
that impart constructive notice of matters affecting the Title. any third party asserts a claim covered by this policy adverse
(g) "Land ": The land described in Schedule A, and affixed to the Insured. This obligation is limited to only those stated
improvements that by law constitute real property. The term causes of action alleging matters insured against by this policy.
"Land" does not include any property beyond the lines of the The Company shall have the right to select counsel of its choice
area described in Schedule A, nor any right, title, interest, (subject to the right of the Insured to object for reasonable
estate, or easement in abutting streets, roads, avenues, alleys, cause) to represent the Insured as to those stated causes of
lanes, ways or waterways, but this does not modify or limit the action. It shall not be liable for and will not pay the fees of any
extent that a right of access to and from the Land is insured by other counsel. The Company will not pay any fees, costs, or
this policy. expenses incurred by the Insured in the defense of those
(h) "Mortgage ": Mortgage, deed of trust, trust deed, or other causes of action that allege matters not insured against by this
security instrument, including one evidenced by electronic policy.
means authorized by law. (b)The Company shall have the right, in addition to the
(i) "Public Records ": Records established under state options contained in Section 7 of these Conditions, at its own
statutes at Date of Policy for the purpose of imparting cost, to institute and prosecute any action or proceeding or to
constructive notice of matters relating to real property to do any other act that in its opinion may be necessary or
purchasers for value and without Knowledge. With respect to desirable to establish the Title, as insured, or to prevent or
Covered Risk 5(d), "Public Records" shall also include reduce loss or damage to the Insured. The Company may take
environmental protection liens filed in the records of the clerk any appropriate action under the terms of this policy, whether
of the United States District Court for the district where the or not it shall be liable to the Insured. The exercise of these
Land is located. rights shall not be an admission of liability or waiver of any
(j) "Title ": The estate or interest described in Schedule A. provision of this policy. If the Company exercises its rights
(k) "Unmarketable Title ": Title affected by an alleged or under this subsection, it must do so diligently.
apparent matter that would permit a prospective purchaser or
8230609 ALTA Owners Policy 06/17/06 w -FL Mod_306 T
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 subsection, shall terminate, including any liability or obligation
defense as required or permitted by this policy, the Company to defend, prosecute, or continue any litigation.
may pursue the litigation to a final determination by a court of (b) To Pay or Otherwise Settle With Parties Other Than the
competent jurisdiction, and it expressly reserves the right, in Insured or With the Insured Claimant.
its sole discretion, to appeal any adverse judgment or order. (i) To pay or otherwise settle with other parties for or in
6. DUTY OF INSURED CLAIMANT TO COOPERATE the name of an Insured Claimant any, claim insured against
(a)In all cases where this policy permits or requires the under this policy. In addition, the Company will pay any costs,
Company to prosecute or provide for the defense of any action attorneys' fees, and expenses incurred by the Insured Claimant
or proceeding and any appeals, the Insured shall secure to the that were authorized by the Company up to the time of
Company the right to so prosecute or provide defense in the payment and that the Company is obligated to pay; or
action or proceeding, including the right to use, at its option, (ii)To pay or otherwise settle with the Insured Claimant
the name of the Insured for this purpose. Whenever requested the loss or damage provided for under this policy, together
by the Company, the Insured, at the Company's expense, shall with any costs, attorneys' fees, and expenses incurred by the
give the Company all reasonable aid (1) in securing evidence, Insured Claimant that were authorized by the Company up to
obtaining witnesses, prosecuting or defending the action or the time of payment and that the Company is obligated to pay.
proceeding, or effecting settlement, and (ii) in any other lawful Upon the exercise by the Company of either of the options
act that in the opinion of the Company may be necessary or provided for in subsections (b)(i) or (ii), the Company's
desirable to establish the Title, or any other matter as insured. obligations to the Insured under this policy for the claimed loss
If the Company is prejudiced by the failure of the Insured to or damage, other than the payments required to be made,
furnish the required cooperation, the Company's obligations to shall terminate, including any liability or obligation to defend,
the Insured under the policy shall terminate, including any prosecute, or continue any litigation.
liability or obligation to defend, prosecute, or continue any 8. DETERMINATION AND EXTENT OF LIABILITY
litigation, with regard to the matter or matters requiring such This policy is a contract of indemnity against actual
cooperation. monetary loss or damage sustained or incurred by the Insured
(b)The Company may reasonably require the Insured Claimant who has suffered loss or damage by reason of
Claimant to submit to examination under oath by any matters insured against by this policy.
authorized representative of the Company and to produce for (a)The extent of liability of the Company for loss or damage
examination, inspection, and copying, at such reasonable times under this policy shall not exceed the lesser of
and places as may be designated by the authorized (i) the Amount of Insurance; or
representative of the Company, all records, in whatever difference between the value of the Title as
medium maintained, including books, ledgers, checks,
(ii)the
memoranda, correspondence, reports, e- mails, disks, tapes, insured and the value of the Title subject to the risk insured
and videos whether bearing a date before or after Date of against by this policy.
Policy, that reasonably pertain to the loss or damage. Further, (b)If the Company pursues its rights under Section 5 of
if requested by any authorized representative of the Company, these Conditions and is unsuccessful in establishing the Title,
the Insured Claimant shall grant its permission, in writing, for as insured,
any authorized representative of the Company to examine, (i) the Amount of Insurance shall be increased by
inspect, and copy all of these records in the custody or control 10 %, and
of a third party that reasonably pertain to the loss or damage. (ii)the Insured Claimant shall have the right to have the
All information designated as confidential by the Insured Toss or damage determined either as of the date the claim was
Claimant provided to the Company pursuant to this Section made by the Insured Claimant or as of the date it is settled and
,shall not be disclosed to others unless, in the reasonable paid.
judgment of the Company, it is necessary in the administration (c) In addition to the extent of liability under (a) and (b),
of the claim. Failure of the Insured Claimant to submit for the Company will also pay those costs, attorneys' fees, and
examination under oath, produce any reasonably requested expenses incurred in accordance with Sections 5 and 7 of these
information, or grant permission to secure reasonably Conditions.
necessary information from third parties as required in this 9. LIMITATION OF LIABILITY
subsection, unless prohibited by law or governmental (a)If the Company establishes the Title, or removes the
regulation, shall terminate any liability of the Company under alleged defect, lien or encumbrance, or cures the lack of a right
this policy as to that claim. of access to or from the Land, or cures the claim of
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; Unmarketable Title, all as insured, in a reasonably diligent
TERMINATION OF LIABILITY manner by any method, including litigation and the completion
In case of a claim under this policy, the Company shall have of any appeals, it shall have fully performed its obligations with
the following additional options: respect to that matter and shall not be liable for any loss or
(a)To Pay or Tender Payment of the Amount of Insurance. damage caused to the Insured.
To pay or tender payment of the Amount of Insurance (b)In the event of any litigation, including litigation by the
under this policy together with any costs, attorneys' fees, and Company or with the Company's consent, the Company shall
expenses incurred by the Insured Claimant that were have no liability for loss or damage until there has been a final
authorized by the Company up to the time of payment or determination by a court of competent jurisdiction, and
tender of payment and that the Company is obligated to pay. disposition of all appeals, adverse to the Title, as insured.
Upon the exercise by the Company of this option, all (c)The Company shall not be liable for loss or damage to
liability and obligations of the Company to the Insured under the Insured for liability voluntarily assumed by the Insured in
this policy, other than to make the payment required in this settling any claim or suit without the prior written consent of
the Company.
8230609 ALTA Owners Policy 06/17/06 w -FL Mod_306 T!
Lt. .
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 fees to a prevailing party. Judgment upon the award rendered
TERMINATION OF LIABILITY by the Arbitrator(s) may be entered in any court having
All payments under this policy, except payments made for jurisdiction thereof.
costs, attorneys' fees, and expenses, shall reduce the Amount The law of the situs of the land shall apply to an arbitration
of Insurance by the amount of the payment. under the Title Insurance Arbitration Rules. A copy of the Rules
11. LIABILITY NONCUMULATIVE may be obtained from the Company upon request.
The Amount of Insurance shall be reduced by any amount 15. LIABILITY LIMITED TO THIS POLICY; POLICY
the Company pays under any policy insuring a Mortgage to ENTIRE CONTRACT
which exception is taken in Schedule B or to which the Insured (a)This policy together with all endorsements, if any,
has agreed, assumed, or taken subject, or which is executed attached to it by the Company is the entire policy and contract
by an Insured after Date of Policy and which is a charge or lien between. the Insured and the Company. In interpreting any
on the Title, and the amount so paid shall be deemed a provision of this policy, this policy shall be construed as a
payment to the Insured under this policy. whole.
12. PAYMENT OF LOSS (b)Any claim of loss or damage that arises out of the status
When liability and the extent of loss or damage have been of the Title or by any action asserting such claim shall be
definitely fixed in accordance with these Conditions, the restricted to this policy.
payment shall be made within 30 days. (c) Any amendment of or endorsement to this policy must
13. RIGHTS OF RECOVERY UPON PAYMENT OR be in writing and authenticated by an authorized person, or
SETTLEMENT expressly incorporated by Schedule A of this policy.
(a)Whenever the Company shall have settled and paid a (d)Each endorsement to this policy issued at any time is
claim under this policy, it shall be subrogated and entitled to made a part of this policy and is subject to all of its terms and
the rights of the Insured Claimant in the Title and all other provisions. Except as the endorsement expressly states, it does
rights and remedies in respect to the claim that the Insured not (i) modify any of the terms and provisions of the policy, (ii)
Claimant has against any person or property, to the extent of modify any prior endorsement, (iii) extend the Date of Policy,
the amount of any loss, costs, attorneys' fees, and expenses or (iv) increase the Amount of Insurance.
paid by the Company. If requested by the Company, the 16. SEVERABILITY
Insured Claimant shall execute documents to evidence the In the event any provision of this policy, in whole or in part,
transfer to the Company of these rights and remedies. The is held invalid or unenforceable under applicable law, the policy
Insured Claimant shall permit the Company to sue, shall be deemed not to include that provision or such part held
compromise, or settle in the name of the Insured Claimant and to be invalid, but all other provisions shall remain in full force
to use the name of the Insured Claimant in any transaction or and effect.
litigation involving these rights and remedies. 17. CHOICE OF LAW; FORUM
If a payment on account of a claim does not fully cover the (a)Choice of Law: The Insured acknowledges the Company
loss of the Insured Claimant, the Company shall defer the has underwritten the risks covered by this policy and
exercise of its right to recover until after the Insured Claimant determined the premium charged therefor in reliance upon the
shall have recovered its loss. law affecting interests in real property and applicable to the
(b)The Company's right of subrogation includes the rights of interpretation, rights, remedies, or enforcement of policies of
the Insured to indemnities, guaranties, other policies of title insurance of the jurisdiction where the Land is located.
insurance, or bonds, notwithstanding any terms or conditions Therefore, the court or an arbitrator shall apply the law of
contained in those instruments that address subrogation rights. the jurisdiction where the Land is located to determine the
14. ARBITRATION validity of claims against the Title that are adverse to the
Unless prohibited by applicable law, arbitration pursuant to Insured and to interpret and enforce the terms of this policy. In
the Title Insurance Arbitration Rules of the American neither case shall the court or arbitrator apply its conflicts of
Arbitration Association may be demanded if agreed to by both law principles to determine the applicable law.
the Company and the Insured at the time of a controversy or (b)Choice of Forum: Any litigation or other proceeding
claim. Arbitrable matters may include, but are not limited to, brought by the Insured against the Company must be filed only
any controversy or claim between the Company and the in a state or federal court within the United States of America
Insured arising out of or relating to this policy, and service of or its territories having appropriate jurisdiction.
the Company in connection with its issuance or the breach of a 18. NOTICES, WHERE SENT
policy provision or other obligation. Arbitration pursuant to this Any notice of claim and any other notice or statement in
policy and under the Rules in effect on the date the demand for writing required to be given to the Company under this policy
arbitration is made or, at the option of the Insured, the Rules must be given to the Company at FIDELITY NATIONAL TITLE
in effect at Date of Policy shall be binding upon the parties. The INSURANCE COMPANY, Attn: Claims Department, P.O. Box
award may include attorneys' fees only if the laws of the state 45023, Jacksonville, FL 32232 -5023.
in which the Land is located permit a court to award attorneys'
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 Title
( jj
e Insurance Company
IM
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.: 2018 -295 Policy No.: 8230609 - 214644200
Address Reference: Lot 3, Block 6, Center Island, Duck Key, Marathon, FL 33050
(For information only)
Amount of Insurance: $85,000.00
Premium: $488.75
Date of Policy: July 10, 2018 at 11:09 AM
1. 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. 2177242 in Official Records Book, 2916,
Page, 418 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 3, Block 6, CENTER ISLAND, Duck Key, according to the Plat thereof, as recorded in the 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. AMERICAN
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.
2018 -295
Fidelity National Title
�ele Insurance Company
TM
SCHEDULE B
File No.: 2018 -295 Policy No.: 8230609 - 214644200
EXCEPTIONS FROM COVERAGE
This policy does not insure against Toss 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 Lot 3, Block
6, CENTER ISLAND, Duck Key, as recorded in Plat Book 5, Page 82, of the Public Records of Monroe
County, Florida.
F. Taxes and assessments for the year 2018 and subsequent years, which are not yet due and payable.
G. 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. See www.leg.state.fl.us /Statutes /Index.cfm or contact True Title Agency, Inc. for a copy of
Chapter 159.
H. Any Owner's Policy issued pursuant hereto will contain under Schedule B the following exception: Any
adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land insured
hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands.
ALTA Owner's Policy (6/17/06)
2730609 (With Florida Modifications)
Copyright American Land Title Association. All rights reserved. AMERICAN
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.
2018 -295
SCHEDULE B
(Continued)
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.
J. 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.
K. 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.
L. 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.
M. Restrictions recorded in Official Records Book 339, Page 111, as amended in Official Records Book 362,
Page 340, Official Records Book 362, Page 604, Official Records Book 645, Page 158, and Official
Records Book 1613, Page 1219.
N. Restrictions contained in Warranty Deed recorded in Official Records Book 805, Page 85.
O. Reservations in favor 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. 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.
NOTE: All recording references in this form 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. AMERICAN
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 A SSOCIATION
uses are prohibited. Reprinted under license from the American Land Title Association.
2018 -295