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Warranty Deed Lot 19 County of Monroe BOARD OF COUNTY COMMISSIONERS •P Mayor Sylvia J.Murphy,District 5 Mayor Pro Tern Danny L.Kolhage,District 1 The Florida Keys Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 Robert B.Shillinger,County Attorney** Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney Cynthia L.Hall,Assistant County Attorney** 1111 12th Street,Suite 408 Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040 Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone Steven T.Williams,.Assistant County Attorney** (305)292-3516—Fax Peter H.Morris,Assistant County Attorney Patricia Eables,Assistant County Attorney Chris Ambrosio,Assistant County Attorney** Paul Witkiewitz,Assistant County Attorney Paunece Scull,Assistant County Attorney **Board Certified in City,County&Local Govt.Law MEMORANDUM TO: Pamela Hancock, Deputy Clerk jkj FROM: Kathy M. Peters, CP, County Attorney's Office (P: 4 RE: COUNTY ATTORNEY ITEM P6 &P7: BOCC 12/19/2018 Transmittal of original executed and recorded Warranty Deed and Owner's Policy (CEPPALUNI — LOTS 18 & 19, DUCK KEY) FOR RETENTION IN OFFICIAL BOCC RECORDS, DISTRIBUTION TO COUNTY LAND INVENTORY CLERK AND POSTING ON CLERK'S WEBSITE DATE: June 21, 2019 Enclosed please find the executed and RECORDED ORIGINAL Warranty Deed and Owner's Policy (Ceppaluni — Lots 18 & 19, Duck Key) received by this office today from True Title Agency, Inc., on behalf of outside special counsel Ginny Stones, Oropeza, Stones & Cardenas, pursuant to the two (2) Agreements for the Purchase of Less Than Fee Interest in Lands approved by the Board on 12/19/18 (P6 & P7). The attached recorded originals are being transmitted for retention in official BOCC records, distribution to the County's Land Inventory Clerk and posting on the Clerk's website. P. COUNTY ATTORNEY 6. Approval of a contract for purchase of a lot described as Block 4, Lot 18, Plantation Island (PB 5- 82) with parcel number 00383380-000000 for density reduction purposes. (Ceppaluni) 7. Approval of a contract for purchase of a lot described as Block 4, Lot 19, Plantation Island (PB 5- 82) with parcel number 00383390-000000 for density reduction purposes. (Ceppaluni) Thank you. KMP: Enclosures: Executed and RECORDED ORIGINAL Warranty Deed and Owner's Policy(Lots 18 & 19, Duck Key, Seller: Ceppaluni) RECEIVED • TRUE TITLE AGENCY, INC. JUN 2 0 2019 MONROE COUNTY ATTORNEY Mailing Address: Location: l'0 Box 420321 305-872-4005 9 Ships Way Summerland Key, FL 305-872-4041 (FAX) Big fine Key, FL 33042-0321 33043 June 12, 2019 Ce, tidt Katherine Peters, ACP Monroe County Attorney's Office 1111 12th Street, Suite#408 Key West,FL 33040 Re: Lot 19, Blk 4, Plantation Island,Marathon, FL 33050 Dear Ms. Peters: Enclosed please find the original Owner's Policy and original Warranty Deed related to your purchase of the above subject property. It was a pleasure assisting you in the above-referenced real estate transaction. Thank you very much for using True Title Agency, Inc. If you have any questions or need further assistance, please do not hesitate to call. V .•F Yours d Fielder Pr: dent Enclosures Docq 2215276 04/12/2019 Filed & Recorded in Official Records of MONROE COUNTY KEVIN HAWK 04/12/2019 1:25PM - — __-- - DEED DOC STAMP CL: Brit $630.00 Prepared By: DoeBkp 2958 p22152766A 2238 True Title Agency, Inc. 9 Ships Way Big Pine Key, FL 33043 Order No.: 2019-103 Property Appraiser's Parcel I.D.(folio)Number: 00383390-000000 WARRANTY DEED *9° 000,00 THIS WARRANTY DEED dated the day of April, 2019,by Robert Ceppaluni,a married man,whose post office address is PO Box 51, Englishtown,New Jersey 07726 (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 19,Block 4,PLANTATION ISLAND,DUCK KEY, according to the map or plat thereof, as 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 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: 2018. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Warranty Deed Page I1 DocA 2215276 BIOS 2958 POI 2239 Signed,sealed and delivered in presence of: ONkCOAAKI .. obert Ceppaluni Witness Signature Printed Name of First Witness v G' ' 1rte Witness Sign e /14,0(Is Printed Name of Second Witness STATE OF NEW JERSEY COUNTY OF Mg-ivied The foregoing instrument was acknowledged before me this 11 day of April,2019 by Robert Ceppaluni,who [ ] is personally known or[ ] has produced a driver's license as identification. Notary Public [Notary Seal] Printed Name: ,LnA 1 7 127iC My Commission Expires: fjcavi Warranty Deed MONROE COUNTY Page I2 OFFICIAL RECORDS • Fidelity National Title Insurance Company Policy No- : 39724-1-2019-103-2019.8230609-216877962 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 6 (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 Co ters• ne : , _ �/ A /4 By: ,,uuu"+s, By: `f I o`y"�� Autho zed Offic r or ent ��NSo''' Richard J. Fielder �,• (�P°RI%. True Title Agency I =z ryo 9 Ships Way = SEAL • =3 President Big Pine Key, FL 33043 '•, : Te1:305-872-4005 '�; •••"""`"��r�`�� Fax:305-872-4041 ���,,i,iTu,,,,, Attest: Secretary 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 6 • 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. 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 6 CONDITIONS 1. DEFINITION OF TERMS of the United States District Court for the district where the The following terms when used in this policy mean: Land is located. (a)"Amount of Insurance": The amount stated in Schedule (j) "Title": The estate or interest described in Schedule A. A, as may be increased or decreased by endorsement to this (k) "Unmarketable Title": Title affected by"an alleged or policy, increased by Section 8(b), or decreased by Sections 10 apparent matter that would permit a prospective purchaser or and 11 of these Conditions. lessee of the Title or lender on the Title to be released from the (b)"Date of Policy": The date designated as 'Date of Policy" obligation to purchase, lease, or lend if there is a contractual in Schedule A. condition requiring the delivery of marketable title. (c)"Entity": A corporation, partnership, trust, limited liability 2. CONTINUATION OF INSURANCE company, or other similar legal entity. The coverage of this policy shall continue in force as of Date (d)"Insured": The Insured named in Schedule A. of Policy in favor of an Insured, but only so long as the Insured (i) The term "Insured" also includes retains an estate or interest in the Land, or holds an obligation (A) successors to the Title of the Insured by secured by a purchase money Mortgage given by a purchaser operation of law as distinguished from purchase, including from the Insured, or only so long as the Insured shall have heirs, devisees, survivors, personal representatives, or next of liability by reason of warranties in any transfer or conveyance kin; of the Title. This policy shall not continue in force in favor of (B) successors to an Insured by dissolution, any purchaser from the Insured of either (i) an estate or merger, consolidation, distribution, or reorganization; interest in the Land, or (ii) an obligation secured by a purchase (C) successors to an Insured by its conversion to money Mortgage given to the Insured. another kind of Entity; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (D) a grantee of an Insured under a deed CLAIMANT delivered without payment of actual valuable consideration The Insured shall notify the Company promptly in writing (i) conveying the Title in case of any litigation as set forth in Section 5(a) of these (1)if the stock, shares, memberships, or other Conditions, (ii) in case Knowledge shall come to an Insured equity interests of the grantee are wholly-owned by the named hereunder of any claim of title or interest that is adverse to the Insured, Title, as insured, and that might cause loss or damage for (2)if the grantee wholly owns the named Insured, which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If (3)if the grantee is wholly-owned by an affiliated the Company is prejudiced by the failure of the Insured Entity of the named Insured, provided the affiliated Entity and Claimant to provide prompt notice, the Company's liability to the named Insured are both wholly-owned by the same person the Insured Claimant under the policy shall be reduced to the or Entity, or extent of the prejudice. (4)if the grantee is a trustee or beneficiary of a 4. PROOF OF LOSS trust created by a written instrument established by the In the event the Company is unable to determine the Insured named in Schedule A for estate planning purposes. amount of loss or damage, the Company may, at its option, (ii) With regard to (A), (B), (C), and (D) reserving, require as a condition of payment that the Insured Claimant however, all rights and defenses as to any successor that the furnish a signed proof of loss. The proof of loss must describe Company would have had against any predecessor Insured. the defect, lien, encumbrance, or other matter insured against (e) "Insured Claimant": An Insured claiming loss or by this policy that constitutes the basis of loss or damage and damage. shall state, to the extent possible, the basis of calculating the (f) "Knowledge" or "Known": Actual knowledge, not amount of the loss or damage. constructive knowledge or notice that may be imputed to an 5. DEFENSE AND PROSECUTION OF ACTIONS Insured by reason of the Public Records or any other records (a)Upon written request by the Insured, and subject to the that impart constructive notice of matters affecting the Title. options contained in Section 7 of these Conditions, the (g)"Land": The land described in Schedule A, and affixed Company, at its own cost and without unreasonable delay, improvements that by law constitute real property. The term shall provide for the defense of an Insured in litigation in which "Land" does not include any property beyond the lines of the any third party asserts a claim covered by this policy adverse area described in Schedule A, nor any right, title, interest, to the Insured. This obligation is limited to only those stated estate, or easement in abutting streets, roads, avenues, alleys, causes of action alleging matters insured against by this policy. lanes, ways or waterways, but this does not modify or limit the The Company shall have the right to select counsel of its choice extent that a right of access to and from the Land is insured by (subject to the right of the Insured to object for reasonable this policy. cause) to represent the Insured as to those stated causes of (h)"Mortgage": Mortgage, deed of trust, trust deed, or other action. It shall not be liable for and will not pay the fees of any security instrument, including one evidenced by electronic other counsel. The Company will not pay any fees, costs, or means authorized by law. expenses incurred by the Insured in the defense of those (i) "Public Records": Records established under state causes of action that allege matters not insured against by this statutes at Date of Policy for the purpose of imparting policy. constructive notice of matters relating to real property to (b)The Company shall have the right, in addition to the purchasers for value and without Knowledge. With respect to options contained in Section 7 of these Conditions, at its own Covered Risk 5(d), "Public Records" shall also include cost, to institute and prosecute any action or proceeding or to environmental protection liens filed in the records of the clerk 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 6 do any other act that in its opinion may be necessary or To pay or tender payment of the Amount of Insurance desirable to establish the Title, as insured, or to prevent or under this policy together with any costs, attorneys' fees, and reduce loss or damage to the Insured. The Company may take expenses incurred by the Insured Claimant that were any appropriate action under the terms of this policy, whether authorized by the Company up to the time of payment or or not it shall be liable to the Insured. The exercise of these tender of payment and that the Company is obligated to pay. rights shall not be an admission of liability or waiver of any Upon the exercise by the Company of this option, all provision of this policy. If the Company exercises its rights liability and obligations of the Company to the Insured under under this subsection, it must do so diligently. this policy, other than to make the payment required in this (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 (i) 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 loss 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. 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 6 (b)In the event of any litigation, including litigation by the policy and under the Rules in effect on the date the demand for Company or with the Company's consent, the Company shall arbitration is made or, at the option of the Insured, the Rules have no liability for loss or damage until there has been a final in effect at Date of Policy shall be binding upon the parties. The determination by a court of competent jurisdiction, and award may include attorneys' fees only if the laws of the state disposition of all appeals, adverse to the Title, as insured. in which the Land is located permit a court to award attorneys' (c)The Company shall not be liable for loss or damage to fees to a prevailing party. Judgment upon the award rendered the Insured for liability voluntarily assumed by the Insured in by the Arbitrator(s) may •be entered in any court having settling any claim or suit without the prior written consent of jurisdiction thereof. the Company. The law of the situs of the land shall apply to an arbitration 10. REDUCTION OF INSURANCE; REDUCTION OR under the Title Insurance Arbitration Rules. A copy of the Rules TERMINATION OF LIABILITY may be obtained from the Company upon request. All payments under this policy, except payments made for 15. LIABILITY LIMITED TO THIS POLICY; POLICY costs, attorneys' fees, and expenses, shall reduce the Amount ENTIRE CONTRACT of Insurance by the amount of the payment. (a)This policy together with all endorsements, if any, 11. LIABILITY NONCUMULATIVE attached to it by the Company is the entire policy and contract The Amount of Insurance shall be reduced by any amount between the Insured and the Company. In interpreting any the Company pays under any policy insuring a Mortgage to provision of this policy, this policy shall be construed as a which exception is taken in Schedule B or to which the Insured whole. has agreed, assumed, or taken subject, or which is executed (b)Any claim of loss or damage that arises out of the status by an Insured after Date of Policy and which is a charge or lien of the Title or by any action asserting such claim shall be on the Title, and the amount so paid shall be deemed a restricted to this policy. payment to the Insured under this policy. (c)Any amendment of or endorsement to this policy must 12. PAYMENT OF LOSS be in writing and authenticated by an authorized person, or When liability and the extent of loss or damage have been expressly incorporated by Schedule A of this policy. definitely fixed in accordance with these Conditions, the (d)Each endorsement to this policy issued at any time is payment shall be made within 30 days. made a part of this policy and is subject to all of its terms and 13. RIGHTS OF RECOVERY UPON PAYMENT OR provisions. Except as the endorsement expressly states, it does SETTLEMENT not (i) modify any of the terms and provisions of the policy, (ii) (a)Whenever the Company shall have settled and paid a modify any prior endorsement, (iii) extend the Date of Policy, claim under this policy, it shall be subrogated and entitled to or(iv) increase the Amount of Insurance. the rights of the Insured Claimant in the Title and all other 16. SEVERABILITY rights and remedies in respect to the claim that the Insured In the event any provision of this policy, in whole or in part, Claimant has against any person or property, to the extent of is held invalid or unenforceable under applicable law, the policy the amount of any loss, costs, attorneys' fees, and expenses shall be deemed not to include that provision or such part held paid by the Company. If requested by the Company, the to be invalid, but all other provisions shall remain in full force Insured Claimant shall execute documents to evidence the and effect. transfer to the Company of these rights and remedies. The 17. CHOICE OF LAW; FORUM Insured Claimant shall permit the Company to sue, (a)Choice of Law: The Insured acknowledges the Company compromise, or settle in the name of the Insured Claimant and has underwritten the risks covered by this policy and to use the name of the Insured Claimant in any transaction or determined the premium charged therefor in reliance upon the litigation involving these rights and remedies. law affecting interests in real property and applicable to the If a payment on account of a claim does not fully cover the interpretation, rights, remedies, or enforcement of policies of loss of the Insured Claimant, the Company shall defer the title insurance of the jurisdiction where the Land is located. exercise of its right to recover until after the Insured Claimant Therefore, the court or an arbitrator shall apply the law of shall have recovered its loss. the jurisdiction where the Land is located to determine the (b)The Company's right of subrogation includes the rights of validity of claims against the Title that are adverse to the the Insured to indemnities, guaranties, other policies of Insured and to interpret and enforce the terms of this policy. In insurance, or bonds, notwithstanding any terms or conditions neither case shall the court or arbitrator apply its conflicts of contained in those instruments that address subrogation rights. law principles to determine the applicable law. 14. ARBITRATION (b)Choice of Forum: Any litigation or other proceeding Unless prohibited by applicable law, arbitration pursuant to brought by the Insured against the Company must be filed only the Title Insurance Arbitration Rules of the American in a state or federal court within the United States of America Arbitration Association may be demanded if agreed to by both or its territories having appropriate jurisdiction. the Company and the Insured at the time of a controversy or 18. NOTICES, WHERE SENT claim. Arbitrable matters may include, but are not limited to, Any notice of claim and any other notice or statement in any controversy or claim between the Company and the writing required to be given to the Company under this policy Insured arising out of or relating to this policy, and service of must be given to the Company at FIDELITY NATIONAL TITLE the Company in connection with its issuance or the breach of a INSURANCE COMPANY, Attn: Claims Department, P.O. Box policy provision or other obligation. Arbitration pursuant to this 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 6 of 6 lllll Fidelity National Title Insurance Company TM 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.: 2019-103 Policy No.: 8230609-216877962 Address Reference: Lot 19, Blk 4, Plantation Island, Marathon, FL 33050 (For information only) Amount of Insurance: $90,000.00 Premium: $517.50 Date of Policy: April 12, 2019 at 01:25 PM 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.2215276 in Official Records Book 2958, Page 2238, 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 19, Block 4, PLANTATION ISLAND, DUCK KEY,according to the map or plat thereof, as 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. 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. 2019-103 ,,, Fidelity National Title �,,e Insurance Company TM SCHEDULE B File No.: 2019-103 Policy No.: 8230609-216877962 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. Standard Exceptions 1. The lien of all taxes or special assessments for the year 2019 and thereafter,which are not yet due and payable. 2. Rights or claims of parties in possession not recorded in the Public Records. 3. Any encroachment, encumbrance,violation, variation, or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land. 4. Easements, or claims of easements, not recorded in the Public Records. 5. Any lien, or right to a lien,for services, labor, or material furnished, imposed by law and not recorded in the Public Records. B. 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. C. 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. D. 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. E. 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. 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. 2019-103 • ::Sr SCHEDULE B (Continued) F. 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. G. 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. H. 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. 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. 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. M. 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. N. Monroe County Resolution No. 302-2007,as recorded in Official Records Book 2415, Page 313. O. Items 2, 4 and 5 are hereby deleted. 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. 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. TM 2019-103