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Closing Documents Doc#2231425 Bk#2975 Pg#1343 Recorded 8/6/2019 10:25 AM Page 1 of 15 Prepared by and return to: Deed Doc Stamp$0.00 Gregory S. Oropeza,Esq. Filed and Recorded in Official Records of Oropeza,Stones&Cardenas,PLLC MONROE COUNTY lavini i MADOK,CPA 221 Simonton Street Key West,Florida 33040 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT("Agreement"),made as of the( day of August,2019, by and between BCP, L.L.C., a Florida limited liability company("Grantor") and W. TIMOTHY WEAVER and VICTORIA LEIGH WEAVER("Grantees")(Grantor and Grantees are sometimes collectively referred to herein as "Party" or the"Parties")provides: RECITALS WHEREAS, Grantor is the owner of that certain real property located in Monroe County, Florida, commonly referred to as 316 Simonton Street, Key West, Florida 33040 and more .particularly described on Exhibit"A"attached hereto,Parcel ID Number: 000042200-000000;AK Number: 1004391 (the"316 Simonton Property"); and WHEREAS, Grantee is the owner of that certain real property located in Monroe County, Florida, commonly referred to as 526 Rose Lane, Key West, Florida 33040 and more particularly described on Exhibit "B" attached hereto, Parcel ID Number: 0004240-000000; AK Number: 1004413 (the"526 Rose Property"); and WHEREAS, a survey of the 316 Simonton Property (the "Survey") reflects the principal structure and a deck constructed on the 526 Rose Property encroaches onto the 316 Simonton Property. A true and correct copy of the Survey is attached as Exhibit "C" and is hereby incorporated herein; and WHEREAS, subject to the terms and conditions of this Agreement, the Parties desire to enter into an easement providing certain rights to the Grantor and Grantee as further outlined in this Agreement; and AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained in this agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The foregoing recitals are true and correct in all aspects and are incorporated herein by reference. 2. Easement Area. Grantor hereby grants to Grantee, a non-exclusive easement over a portion of the 316 Simonton Property for the benefit of the 526 Rose Property, a diagram of which is shown on Exhibit"D"attached hereto and incorporated herein and be binding upon all subsequent owners of the 316 Simonton Property. Grantee hereby releases and waives any claim for adverse possession or possession by prescription Grantee may have related to the Easement Area. 3. Use of Easement Area. Grantor grants to Grantee, a perpetual non-exclusive easement for maintenance, repair, reconstruction of the structure, installation and removal of storm shutters, and all other reasonable use of the structure situated on the 316 Simonton Property,measuring approximately fifty(50)square feet as shown on Exhibit "D", however no enlargement of the structure(s) shall be permitted. At all times throughout the duration of this Agreement, the Parties shall reasonably cooperate with one another in regard to such repairs and maintenance. The owner of the 526 Rose Property shall provide notice to the owner of the 316 Simonton Property in advance using the easement area to conduct repairs and maintenance. Use of the Easement Area is not permitted for enlarging or extending any structure or the existing structures already encroaching into the Easement Area. Reconstruction of the encroaching structures as a result of involuntary destruction are limited to the existing historic residence so long as such destruction is less than fifty percent(50%) of the value of the structure. In the event of voluntary destruction or involuntary destruction which exceeds the fifty percent (50%) value of the structure threshold, then reconstruction must be completed within the property lines of the 526 Rose Property and this easement shall terminate. 4. Notice. Any notice, statement, demand or other communication required or permitted to be given or made by either party to the other,pursuant to this Agreement or pursuant to any applicable law, shall be in writing and shall be deemed to have been properly given and made if delivered or sent by registered, certified mail, return receipt requested, or by reputable overnight courier service such as FedEx or UPS, addressed to the other party at the address set forth below, or at such other address as may hereafter be designated by either party by notice to the other. Either party, by notice given as aforesaid, may designate a different address or addresses for notices, statements, demands or other communications intended for it. Grantor: MO]rod C 1100 c'rn a,►f 04 5.4 k.�^ trJi f L33 Grantee: UU.Ti n10141y Waver 1( vli e4a-i f 3 O 5. Further Assurances. The Parties agree to execute any documents or instruments required by any mortgagee, governmental or quasi-governmental entity to make the Easement granted hereby more effective for the purposes intended. 6. Indemnity,Hold Harmless and Liability Insurance. A. In consideration of Grantor granting this Easement to Grantee, which consideration is hereby irrevocably acknowledged as sufficient, Grantee and their successors and assigns do hereby agree to indemnify and hold Grantor and all its successors and assigns harmless from any loss, damage, claims, suits, liability or expenses including reasonable attorneys' fees by virtue of any injury or death of persons or damage to property caused by or arising out of any act or omission by the Grantee or Grantee's successors or assigns by reason of the use of the Easement created in this Agreement. B. Grantee agrees to carry and keep in full force and effect, during the Easement Term bodily injury/public liability insurance adjacent to the easement areas against the liability of Grantee and their authorized representatives,invitees and licensees arising out of or in connection with Grantee's use or occupancy of the easement, with limits of coverage of not less than ONE MILLION & 00/100a'S DOLLARS ($1,000,000.00) per accident and injury or death. Grantee shall make their best effort to notify Grantor of any cancellation of the insurance policy by the insurance carrier. The insurance carrier providing the insurance as required hereunder shall be licensed in the State of Florida. Grantee shall provide Grantor with copies of the policies or certificates evidencing that such insurance is in full force and effect and stating the terms thereof. 7. Estoppel. Upon written request from any party from time to time (which shall not be more frequent than four(4)times during any calendar year),each Party shall issue(with no charge to be made therefor)to a prospective mortgagee of the requesting Party or to a prospective purchaser or assignee,an estoppel certificate stating: (i)whether the Party to who the request has been directed has actual knowledge of any default(beyond any applicable notice and cure periods)by the requesting Party under this Agreement, and if there are defaults, specifying the nature thereof;(ii)whether this Agreement has been assigned,modified or amended in any way by such Party(and if it has,then stating the nature thereof); (iii) that to the Party's knowledge, this Agreement as of that date is in full force and effect;and(iv)such other matters concerning the status of this Agreement as shall be reasonably requested. 8. Termination. This Agreement shall be effective as of the date first above written and shall continue in full force and effect until terminated in writing by the parties hereto (or their respective successors and assigns). 9. Miscellaneous. A. Amendments. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter thereof and shall not be terminated, amended or modified except by written agreement executed by the party against whom enforcement is sought. No breach of the provisions of this Agreement shall entitle any party to cancel, rescind, or otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other rights or remedies at law or in equity which any party may have by reason of any breach of the provisions of this Agreement. B. Exhibits. All exhibits attached hereto are incorporated herein and made a part hereof by this reference. C. Covenants Running with the Land.This Agreement shall be binding on and shall inure to the benefit of the Parties hereto and their respective successors in title to each parcel or any portion thereof, as a covenant and restriction running with the land, as outlined in this Agreement. D. Construction. The Parties have participated fully in the negotiation and preparation hereof,including review by counsel for each, and accordingly, the Parties agree this Agreement shall not be more strictly construed against by one party. E. Recording. It is intended that this Agreement shall be recorded in the Public Records of Monroe County, Florida. F. Headings. All sections and descriptive headings in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. G. Severability.Inapplicability or unenforceability of any portion of this Agreement or any instrument executed and delivered pursuant thereto shall not limit or impair the operation or validity of any other provision of this Agreement or any such other instrument. H. Waiver of Default.A Party's failure or neglect to enforce any of rights under this Agreement will not be deemed to be a waiver of such Party's rights or remedies hereunder. The waiver of any breach or default under any of the terms of this Agreement shall not be deemed nor shall the same constitute a waiver of any subsequent breach or default. I. No Dedication. This instrument is not intended to and does not dedicate any portion of the Easement Area to the general public nor does this instrument create any rights in favor of the general public. J. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original,but all taken together shall constitute one and the same Agreement. K. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. All parties acknowledge and agree,whether by execution hereof or acceptance of the easement, that in the event of any dispute arising under this Agreement, the sole jurisdiction for such dispute shall be in Monroe County, Florida. L. Authority. The Parties do hereby warrant they have the full power and authority to grant the easements in this Agreement. M. Attorneys' Fees. In the event of any suit, action or proceedings at law or in equity, by either of the Parties hereto against the other by reason of any matter or thing arising out of this Agreement,the prevailing Party shall recover not only its legal costs,but reasonable attorneys'fees including appellate,bankruptcy and post judgment collection proceedings for the maintenance or defense of said action or suit, as the case may be. The remainder of this page has intentionally been left blank. Signature page to follow. Witness the following signatures and seals. GRANTOR BCP, L.L.C., a Florida limited liability company Witness: r-e �,/ O�C b,(eZG Bernie C. Papy, as Mana% /'. 4t2A-fyi Witness: Ml cN" ,q —�- p l K STATE OF COUNTY OF 1(Vl 6htroG) On this ( day of r•-) ., 2019,before me personally appeared, Bernie C. Papy as Manager,who are p_tsonally- ew t me or produced as identification and to me known to be the persons described in and who executed the foregoing Agreement and they acknowledged and swore to me that they executed same as their free act and deed. WITNESS my hand and official seal on the date first above written. eTyk•o Nota p Gre ubt'c plate of Florida Notary Public y 9 ry Oro eza for a� E P res 0 1/20227/0 221725 1 GRANTEE IA) W' ess:OW. Timothy Weav Witne ell ' 01,0•Aki_ Victoria Leigh ea W. ss: fitness: • STATE OF-FLORIDA ) -COUNTY O ) On this3►-day of , 2019, before me personally appeared, W. Timothy Weaver and Victoria Lei aver, who is personally known to me or produced 1�Yi4_RAr UsAvis.c., as identification and to me known to be the person described in and who executed the foregoing Easement Agreement and acknowledged and swore to me that she executed same as her free act and deed. WITNESS my hand and official seal on the date first above written. tool Nit OFFICIAL SEAL NOTARY PUBLIC ;,. a;;. 'te STATE OF WEST VIRGINIA ititlr: = CONNIE L LOUGHRY Notary Public w:"mod rrittif 1491 BRANDONVILLEPRE TERRAAL1A.WV 26764 14Coimescn E pkes Apri 16,2LF4 i EXHIBIT A • MONROE COUNTY Return to: (Enclose self addressed stamped envelope) OFFICIAL RECORDS Name: STONES&CARDENAS Address: 221 Simonton Street — Key West,FL 33040 FILE #1 3 4 9 2 0 9 BK# 3_ 5 6 PG# 1 0 6 0 This Instrument Prepared By: STONES&CARDENAS 221 Simonton Street R C D Feb 06 2003 0 2: 10 P M Key West,FL 33040 DANNY L KOLHAGE, CLERK (305)294-0252 Grantee Name&S.S.N. BCP,L.L.C. DEED DOC STAMPS 0 . 70 02/06/2003 EP CLK QUIT CLAIM DEED THIS QUIT CLAIM DEED,executed this 1 Si day of January,2003,by and between BERNIE C. PAPY, III, a single man,whose address is 815 Eisenhower,Key West,Florida, 33040,party of the first part, and BCP, L.L.C., a Florida limited liability company,whose address is 815 Eisenhower,Key West, Florida, 33040,party of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten and 00/100($10.00)Dollars, in hand paid by the said party of the second part,the receipt of which is hereby acknowledged,has remised,released and quit-claimed,and by these presents does remise,release and quit-claim unto the said party of the second part all the right,title, interest, claim and demand which the said party of the first part has in and to the following described lot,piece or parcel of land, situate lying and being in the County of Monroe, State of Florida,to wit: Part of Lots 1 and 2, of Square Twenty-four(24),in the City of Key West, according to the map or plan of said City delineated by William A. Whitehead in 1829. Beginning on a point on the Southwesterly side of Simonton Street, said point being Fifty(50) feet Southeasterly from the Southerly corner of Simonton Street and Rose Lane,and extending along Simonton Street in a Southeasterly direction Eighty-six(86) feet;thence at right angles in a Southwesterly direction Two hundred and forty-one(241)feet three(3) inches;thence at right angles in a Northwesterly direction Thirty(30)feet; thence at right angles in a Northeasterly direction Eighty—five(85)feet three (3)inches;thence at right angles in a Northwesterly direction Fifty-six(56) feet; thence at right angles in a Northeasterly direction One Hundred and fifty- six (156)feet to the Point of Beginning. SUBJECT TO: Taxes for the year 2003 and subsequent years. SUBJECT TO: Conditions,restrictions, limitations,reservations and easements of record,if any. THIS DOCUMENT WAS PREPARED WITHOUT BENEFIT OF TITLE SEARCH OR ABSTRACT EXAMINATION AND IS BASED SOLELY ON THE FACTS PROVIDED BY EITHER OF THE PARTIES OR THEIR AGENTS. 1 EXHIBIT B Exhibit A (Legal Description) THE FOLLOWING DESCRIBED LOT,PIECE OR PARCEL OF LAND, SITUATE LYING AND BEING IN THE COUNTY OF MONROE STATE OF FLORIDA,TO WIT: ON THE ISLAND OF KEY WEST AND KNOWN AS WILLIAM A. WHITEHEAD'S MAP OF SAID ISLAND,DELINEATED IN FEBRUARY,A.D. 1829,AS PART OF LOT TWO(2) IN SQUARE TWENTY-FOUR(24)BUT MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF BEGINNING THE SOUTHEASTERLY PROPERTY LINE OF ROSE LANE DISTANT 155 FEET PROM THE CORNER OF ROSE LANE AND SIMONTON STREET; RUN THENCE IN A SOUTHWESTERLY DIRECTION A DISTANCE OF 20.44 FEET; THENCE AT RIGHT ANGLES AND IN SOUTHEASTERLY DIRECTION A DISTANCE OF 106.0 FEET TO A POINT; THENCE AT RIGHT ANGLES AND IN A NORTHEASTERLY DIRECTION A DISTANCE OF 20.44 FEET TO A POINT; THENCE AT RIGHT ANGLES AND IN A NORTHWESTERLY DIRECTION A DISTANCE OF 106.0 FEET BACK TO THE POINT OF BEGINNING ON ROSE LANE. Being that parcel of land conveyed to W.TIMOTHY WEAVER AND VICTORIA LEIGH WEAVER,HUSBAND AND WiE from MICHAEL MARRONE,A MARRIED MAN by that deed dated 03/16/1989 and recorded 03/17/1989 in Deed Book 1085, at Page 1579 of the MONROE County,FL Public Registry. Being that parcel of land conveyed to W.TIMOTHY WEAVER from w.TIMOTHY WEAVER AND VICTORIA LEIGH WEAVER by that deed dated 06/15/2001 and recorded 06/19/2001 in Deed Book 1704, at Page 373 of the MONROE County,FL Public Registry. Tax Map Reference: 00004240 000000 Dock 1737119 6101 2407 Pgk 620 EXHIBIT C • • ,,�. � .,+,,4 ALT. /. NSFS LAND TITLE 'SURVEY • • • N •• «,:seY is.z e . w �1a��\ E m :b _ wr o . \\rj►�� ,�� A. �.. °O..8. ©CO `° S I • • v® Y i�1 dam' ...,, ASSUMED 1 nx% j ® m I /1'1 • D 'to•an cD "Mt,CIOGNAL9mdE OF 2. g= I . • s,. a.'e od, iQ. jDi •rom.,w s. • • /• J3 . ; x .m.a .I 9y1ewua z. y --.�- . IL 5 jr. roavws...nn Peopvov ! 1, . 1 •gpA. .. ,1 :: -- • a�aD .. ,Kato . - '- • • 1 ams.m.mm ;. 9d' rd0.0 1 i • .(FF.I).n.aw.FILM Mavuatx-93.anw 1e29, (FF.2)sr MINI MO NsvAmi-iz.a new i.m1. . I (FF_A). Anon-!D.y Mac 19212 • ' TOTAL AREA.16,076.70 SOFTX(0.37 ACRES2) • • • • SURVEYOR NOTES • -LEGAL DL5CRIP)ION oniu'Arse ewarm. w.ruxc 0rsworew srmn Arsesi r.zz-"-rn. • W)ed2.alSgxte9.enylvr CVO.nu•Cay of Key...®ury tome norm extol sort Cety del.'u2b•Waan , 6rn929 99 .9 q.e eea.•etey pub al0nc,m,Stre0.'end ro.tbm9 Nty 0091010000000,_ v:me 99iwhrew.d...tie Aaa um. ..,..1M> ..Sm. .9wcct n•^-..-- .danxm°9e794 ,uu Nu.,1208T0 l ei.,,uu rz,ozi005;r100uz0M.xs.W0D.PARCO ues wrourwrox 10r1x Mg k•t;gyros at salt a9ea ma eoeh.0No.emm Tt2WMef.49 Felsod ell)000b0e 0)2095;tle..m net G.TOM MLA--Qim6 c.050t00 m07.4011. S Ven•Notl.etey TNMYP0)M: < Me:mvred laa•Me •NpDrnteydaamn Og.yAM Pet T1.m M. . • ryltagb n•Nwm•aeN rdtyso PRl me,to a yM•^Ne llv, .,^lf Po MBAc,mwmuexis.SSW AND MOOR eeerwcmnsASSO 10Rm w.Ar cu9necArwx,Or 00 swan• Modred ad Potym119gketotl.Fcea of Bern,. • ' 0.IR 500.KOWA Of MM.mamma'Or MG..el-Sa0.9 SS,s.1st SuriDora Mari*17.FM MOVE The.0)42s1GRADC.1...S.s13 Orr int HOSP...Ps • .SHASO2 IC4070: . me S"oxw a Mr ASTLm,e"axt w'Auwrne.�oR roo,.Mxe o.omm,w•,-lA _.eK M1m„e t.dmrre Ie.e.tRAmye tot AMMO, ® a noes '. - 0000210.01 13.'se Low...or muses ens.*Os 04 Salve,.TR Mega FrOWSR1,41.14 9Dns.wU DNesnnm ermum°moo.on.,A9 mete oexre moor., 0 -) sums thrtas ma. ,A.MIS.0t Orrz.mle-e.CwgeO m ADO I=O<WDAmve.n rwu Sze wse l.AG O ® F . 9-ren.D,Aa m raMae'cAiaa D em,trm .S fat MSS arouOWes) • E. TITLE REVIEW NOTESrz, sae,..TO,Na.•m Cevay,R 9.ne.Cadeaa,F.:. m . . WITH REFERENCE TO THE CHIC GO TRIP IVSURANCC COMPANY.uwxe urea rx[xwew isaaa 1.0..Cxe0,5r.Mrs,reSs 7.117263.CCU011300 DAM. 00034Te1 Imum-s.mora0 = s • w ivzDis AT ilm PIA iKR[ByCPnn/l rtwW9. fi TM OM 09E71fYDNi TMWJ C.t MTP.TIR 9UAVEY PIs e Wltm0 N6 POSED WERE MADE w 78402990900IN THE EDIG .:7 mSru•na ...uw.wa�ee......wa i.m,n,ve.n tr. agdAMI9TANd)m DRA4 RL0A09.0119 FORAM/P154.3 MD �so . n+:+�+dF= Z _ TIfIL9URVEM9,JPNILY[STIBIPJ®Alto IDCPI•.eY'IlTAA... r ..nw.w9we. u.�..wn.uv.Mmnm.r.v a.. Aa.ro.eW ra.e..u..ywr•w•rr.ydw,..a.arertvw Of UGC IL rRID WdUl WA9 COMRERD B[INtIN NMIII e _ ,,..2o.,Alm MAY9.M 9. . C.B.W.„v ..o.myr .v ere. wrwe•.e,v.-/01, -DATE OF MAN ANYlf..9 e...-.. � �e_...v. 4.,.e .D.pnmd,<:.,-i.exe.merey.W.e�lu.5w ellbd.,rowgwn.,gad.Med orsay a.p+ee w.armea,ell.N..rnrA sownwrtet •wamn,®mawuwxw ev,a®�-mm.v.u.nw 5. b C0,0 .y Our..1$ h..d.s.x✓n.n im.0 .Lo..0..Tv .v A+.eai.mcv e..s+banz rv..e,.m. e. w.m..u.m.mu.e.v.umvmay. ' ary~r9,.nn.e.ew.w Su.,wr2e s )�gn nn...+o wmue.snm L.STarrw.oae.eresSul m..re..n er ssf.is M o.row a•sssteo oss...ATrvd twb.eneoa Cone.m m es sern.x.l.09.rl1,m re h Sze.ise•;w.trenO4•e.ve,.. rq.xro.. vn<+vvv. wwn®e�vnveab. . 5,0 to ..mt.o.ti.twr.....t..M.d no wwr..w.,,.ore pr........ FLORIDA KEYS =ACIo•.,e 7=7,..n®,nron. ..am.. toC.m aiwed"'000tto wN k;...s�7....ae.aw.for...........,..leD00.0 w....,e.nvr,. mA. ds er1 Ine cozen . .wm.waa.Yw.d. sw.yyw.reR LAND SURVEYING' Fez ....m exts.m�w.,m o .a.r..Nmm... v..n tort... s. «d....,.m wrAx.: s1cAraoDUR`'�'n s1°a"i"o.°z EXHIBIT D BEARING BASE: , t 31.4hr- ALL BEARINGS ARE BASED ALONG mE CENTERLINE OF LEGAL DES C:KI PT I O N SKETCH. •- •;.•$•re�•FF. TIMONTON STREET. �< <� ' - f(�•9�,�� G. ALL ANGLES DEPICTED 7--� � 7 OYU ARE 90 DEGREES UNLESS F • t�. OTHERWISE INDICATED •4��rC•1�`uvA 'ALL UNITS ARE SHOWN IN a ,,..,'��'� 4 U.S:SURVEY FEET • ADDRESS: �., P1. �..:kjf 0***,, . 316 SIMONTON,STREET KEY WEST.FL 33040 LOCATION.MAP-NTS .mis Is NOT A BOUNDARY 589°15 42'E SEC.G-TG85-R25E SURVEY:ANY BOUNDARY OR rL SIMOMON STREET n RIGHT OF WAY LINES SHOWN A. N • HEREON ARE.FOR REFERENCE _. •V T,ssa PUBLIC Ret TV __ PURPOSES ONLY. I 50°44'18W l 25.00'�I Y CORNER OP LANDS //-„-`\ DESCRIBED IN M.ONROE COUNTY / 11 PUBLIC RECORDS-'O.R.BOOK W E 946.PK-E 2e6. `-„-I/ /- 589°I S.42'E A �1� --50.23,-- -_-.-- /•--_ mI y 1 ASSUMED z2I I 50.32'46W I 111=201 154.03'• WLY BOUNDARY me OP LANDS I - DESCRIBED IN MONROE CO7.NTY PUBLIC RECORDS-O.R.BOOK 946.PAGE 286 1 50°32'46W 0 10 20 40 1...",/-I 56.63' WLY.53NOAM LINE OP LANES DESCRIBED 1N MONROE COMFY PUBLIC I RECORDS-O.R.BOOK 946.PAGE 2e6 POD'FARM B'-TM I INTEDZcenoN or me wtU FACE Dr me I TOTAL AREA(5) I w000 Ira agnme 1oCNO.R.COOK96, SQUARE 24 'PARCEL A'=6I.51 SQPT± I NO.R COOK 946, 'Nee 53'33Y 'PARCEL B'=80.66 SQFf± POO'PARCEL A'-Tne INPERSECTIDN I 19.2d OP'ME NLY ME OP me BULLING PARCEL A° INIY rAce or ExLsnNG OVEANG AND me WLY EOUNDAR I W000 DECK US UNE Or LANDS DESCRIBED IN O.R. I BOCK S.G.PAGE 256: I• LI - PARCEL ' LEGAL'DESCRIPTION(S) - (AUTHORED-BY TILE UNDERSIGNED) l3 __ -_^%I li Q __ mil SI.OT 40W NO°32'46'E Mir °PARCEL A° 2 STORY FRAMs i- 23.1 d 2.60 STRUCTURE °� i WLY PALE OF Eri5T1NG •On the Island of Key West,Monroe County,Flonda,and.known on William A. LACY BOUNDARY LANs or LANDS. /�' _ _� CONCRETE BLOCK WALL Whitehead's map.of said Island delineated in February,A.D.1829,as a part of Lot'Two. DESCRIBED IN MONROE COUNTY PUBUC r5z6 Rose LANE) N89.22'14'W -a (2)in Square Twenty-four.(24)and being more particularly.descnbed bymetes and RECORDS-O.R.BOOK 946.PAGE 286 18.12' WD,E�I LOT bounds as follows:Commencingat the of intersection of the Easterlyright Of w 9LY...ARV LINE OF LANDS SQUARE 24 pointa1:' N89°27'14W °�°'gD'x Lmxox¢uNm wax `-'_-1 line of Rose Lane and the Southerly right of way line of Simonton Street,thence 4FCGRf9-O.L BOOS non.PAGE BOG w_ i 589°15'42'E along the said Southerly right of.way line of Simonton Street'for a 23.82 distance of.50.23 feet to the Northwesterly corner of lands descnbed in Official SlY BOUNDARY UNE OP LANDS I NB8.52'20W •Records Book 946,at Page 286 of the Public Records of Monroe County.Flonda; DESCRIBED IN MONROE COUNTY PUBLC g 0.83' • RECORDS-O.R.BOOK 946,PAGE 286 1 NV FACE OF ESISnNG thence 500°32'46W along the Westerly boundary line of the said lands descnbed in NO.33'40.E I WOOD roue -Official Records Book 946,at Page 286'of the Public Records of Monroe County, N'LY ecuxoour urn OF w+Os Flonda,for a distance of 154.03 feet to a point on the Northerly face of an existing NTY PUBLIC bolding overhang,said point being the Point of Beginning of the parcel of land RECORDS,O.,�?.6•PAGE 286. •hereinafter descnbed;thence N88°35'32'E along the Northerly face of the said exisbng building overhang for a distance of 9.33 feet to the Northeasterly corner of the said existing building overhang:thence 501 R0750°E along the Easterly face of the said existing building overhang for a distance of 0.60 feet to the Northerly face of an existing wood deck;thence N89°03'IWE along the Northerly face of the said existing wood'deck for a distance of 14.40 feet to the Northeasterly corner of the said existing wood deck;thence 501°O75O°E along the Easterly face of the said existing wood deck for a distance of 2.69 feet to a point on the Southerly boundary line of the said lands descnbed in Official Records Book 946;at page 286 of the Public Records of Monroe County,Flonda;thence N89°2714'W along the southerly boundary line of the said lands described in Official Records Book 946:at•page 286 Of the Public PARCEL LINE TABLE Records of Monroe County.Flonda for a distance of 23.82 feet to the Southwesterly .comer of the said lands descnbed in Official Records Book 946,at page 286.of the LINEN LENGTH DIRECTION CONiROW NG,CALL Public Records of Monroe County;.Flonda;thence NOO°3246'E along the Westerly.line of thesad lands d'srnbed in Offimal.Records Book 946,at page 286 of the Public _ NIX FACE a ex SnNG 'Records of Monroe County.Florida for a.distance of 2.60 feet back to the Point of LI 9.33' N88°35'32'E BOLDING OYE rIANG Beginning. Said parcel of land contains 61.81 square feet,more or less. L2 0.60' 501°0T 50°E• an.INc cOVERnA OP � 'PARCEL B' On the Island of Key West,Monroe County,Flonda,and known on-William A. L3 14.40 N89°03'15°E NLY PACE OP OnsnNGwUoo DECK Whitehead's map of said Island delineated in February,AD..1829.as a part of lots ---- One(I)and-Two(2)in square Twenty-four(24)and being more particularly described:L4 2.69I S01°OT'S0'E ett.rACP OF ninsnua by metes and bounds'as follows:Commencing at the point of intersection of the WOOD DECK Easterly nght of way line of Rose Lane and the Southerly nght of way line of Simonton BOUNDARY LANs m LINOS Street.thence 589°15'42'E along the said Southerly nght of way.line Al Simonton L5 34,14' 589°27'14'E cn oeoiN Mevea CCDNIYiveuc Street for a distance of 50.23 feet to the Northwesterly comer of lands described in RECORDS-o.R-Boot 9...PAGE 286 •Official Records Book 946;at Page 286 of the Public Records of Monroe County, wLr Pare a exrnNG Flonda;thence 50O'32'46W along the Westerly boundary line of the sad lands L6 2.97' NOI°06'27W WOOD DECK described in Official Records Book 946,at Page 286 of.the Public Records of Monroe. County.Flonda,for a distance of 156.63 feet to•the Southwesterly comer of lands described in Official Records Book 946,at Page 286 of the Public Records of Monroe Tile °0...5 MAL "-County;Flonda;thence 589°27.14'E along the Southerly boundary line of the said PLAITED OR ORM w^eo OMENS.spsi:°K:: R1M9, lands descnbed in Official Records Book 946,at page 286 of the Public Records of UST OF APAREN•110.19111•I roe FOUND ON 1,19 SenT. Monroe County,Flonda for a distance of 34.14 feet to a point on the.Westerly-face CERTIFIED TO- •'+ - ar< of a wood deck,said point being the-Point of Beginning-of the parcel of land �r hereinafter dencnbed;-thence NOI°06'27W along the WesterWesterlyface-of the said • . Monroe County,Flonda; x. - existing wood deck for a distance,of 2.97 feet to the Northwesterly corner of the,said Oropeza Stones<Cardenas,PLLC; _ �',°° existing wood deck;thence N88°53'33'E-along the Northerly face of the said existing Chicago Title Insurance Company: "°" .o. - wood deck and extension thereof fora distance of 19,28 feet to a point on the T�.o,,, _ °"' - •Westerly face of an existng concrete block wall;thence 501°074OW along•the Westerly face of the said existing concrete block wall for a distance of 23.19 feet to a, •^°'� - point on the Northerly,face of an existing wood fence;thence N88'52'20'W along the Northerly face of the said existing wood fence-for a distance of 0.83 feet toa-point x._25,a,,,K x_•°.4o.,a.,,°Tox - ,.m°.�. on the Westerly boundary line Of-the said lands described in Official Records Book n,_"`°°.."` 946;at page 286 of the Public Records of Monroe County,Flonda;thence Ox.,xewvnTnrsun.nmo aixo,cr,.a°Eou.es.THELAN 0Arzx axe WAS uun°mu.MNmrae coo Toe suasr.ne 'N00°33'40'E along the Westerly boundary line of-the said lands described in Official uruaxr WAN wr.,WATER oP.r a soon nun r dOW.ue Ur O . _ 'Records Book 946,-at Page 286 of the Public Records of Monroe County,Flonda;.for I. . a distance of 19.65 feet to a point at the intersection of said Westerly boundary line wr corn-ov,z con i,. / of the said lands described In Official Records Book 946,at page 286-of the Public ,j `��� FLORIDA KEYS Records of Monroe County,Flonda and the South'ery boundary line of the said lands 'M*'" iovlomou0 coATVTr. 'zozr.riea°AST.Tines Al.ee«Pues wTnowiex In.r.xT°FiOaOA tr,Y: �,'1 described in Official Records Book 946,-at page 286 of the Public Records of Monroe Exec I OP i \�E LAND SURVEYING 19960 OVERSEAS HIGHWAY Flonda;thence N89°27 14W along the Southerly.boundary line of the said mourn. MPB SURVEYOR SEAL O.A FLORIDA 'ANOMADAEx , SUGARLOAF KEY FL 33042 lands described in Official Records Book 946;at,Page 286 of the Public Records of , ° PHONE:(3O5))394-3690 Monroe County Flonda;for a distance of'I 8.12 feet back to the Point of Beginning. cnsuo er. EAI • we A l M.erm PxrceroxALE°RvevceAxO MAvrr°.0R 2u+ FAX:(305)509-7373 xs xo.. 19-251 EMAIL:Fffl..SSemallpGmail.can Said parcel'of land contains.50.66 square feet,more or less: PREPARED BY and RETURN TO: Gregory S.Oropeza,Esq. Doc#2231426 Bk#2978 Pg#1358 Oropeza,Stones&Cardenas,PLLC Recorded 8/6/2019 10:25 AM Page 1 of 4 221 Simonton Street Deed Doc Stamp$14,140.00 Key West,Florida 33040 Filed and Recorded in Official Records of File No.19-83-TC MONROE COUNTY KEVIN MADOK,CPA Consideration:$2,020,000.00 Parcel ID No.00004220-000000 [Space Above This Line for Recording Data] STATUTORY WARRANTY DEED (STATUTORY FORM—SECTION 689.02,F.S.) THIS STATUTORY WARRANTY DEED is made as of the ( day of August, 2019, by BCP, L.L.C.; a Florida limited liability company, whose mailing address is 1409 Sun Terrace, Key West, Florida 33040, GRANTOR, and MONROE COUNTY, a political subdivision of the State of Florida,whose mailing address is 1100 Simonton Street,Key West,Florida 33040,hereinafter called the GRANTEE. (Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH, that the GRANTOR, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, by these presents does grant, bargain, sell, alienate, remise, release, convey and confirm unto the GRANTEE, all that certain land situate in Monroe County, Florida, and legally described as follows: Part of Lots 1 and 2,of Square Twenty-four(24),in the City of Key West, according to the map or plan of said City delineated by William A. Whitehead in 1829. Beginning on a point on the Southwesterly side of Simonton Street, said point being Fifty(50)feet Southeasterly from the Southerly corner of Simonton Street and Rose Lane, and extending along Simonton Street in a Southeasterly direction Eighty-six (86) feet; thence at right angles in a Southwesterly direction Two hundred and Forty-one (241) feet Three (3) inches; thence at right angles in a Northwesterly direction Thirty(30)feet; thence at right angles in a Northeasterly direction Eighty- five (85) feet Three (3) inches; thence at right angles in a Northwesterly direction Fifty-six (56) feet; thence at right angles in a Northeasterly direction One Hundred and Fifty-six(156)feet to the Point of Beginning. Part of Lots 1 and 2,of Square Twenty-four(24),in the City of Key West,according to the map or plan of said City delineated by William A. Whitehead in 1829. Beginning on a point on the Southwesterly side of Simonton Street, said point being Fifty(50)feet Southeasterly from the Southerly corner of Simonton Street and Rose Lane, and extending along Simonton Street in a Southeasterly direction Eighty-six (86) feet; thence at right angles in a Southwesterly direction Two hundred and Forty-one (241) feet Three (3) inches; thence at right angles in a Northwesterly direction Thirty(30)feet; thence at right angles in a Northeasterly direction Eighty- five (85) feet Three (3) inches; thence at right angles in a Northwesterly direction Fifty-six (56) feet; thence at right angles in a Northeasterly direction One Hundred and Fifty-six(156)feet to the Point of Beginning. Property Alternate Key No: 1004391 Warranty Deed This conveyance is subject to taxes for the year 2019 and all subsequent years; matters appearing on the Plats or otherwise common to the subdivisions; covenants, conditions, restrictions, limitations, easements and agreements of record provided, however, that the foregoing shall not operate to re-impose the same. TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in any way appertaining. TO HAVE AND TO HOLD,the same unto the said GRANTEE in fee simple,forever. AND GRANTOR hereby covenants with said GRANTEE, that the GRANTOR is lawfully seised of said land in fee simple and that the GRANTOR has good right and lawful authority to sell and convey said land and that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the GRANTOR has caused these presents to be executed in its name, by its officers thereunto duly authorized,the day and year first above written. Signature Page to Follow Warranty Deed 2 Signed, sealed and delivered in the presence of: BCP,L.L.C., a Florida limited liability company (-PCL,c4-4A--e— fi ' /(4, 44,"1 By: Zizivv2*. C. Witness Signature /-i (c µ q EZ �P//��(,4 is Bernie C.Papy,III,Ma ing Member Prinyd�Name Witness Signature Printed Name STATE OF FLORIDA ) COUNTY OF MONROE ) SWORN TO AND SUBSCRIBED before me this ( day of August, 2019, by Bernie C.Papy,III, as Managing Member of BCP, L.L.C., a Florida limited liability company, who is personally known to me or has produced as identification. NOTARY PUBLIC Name: w°� Title or Rank: ip �^ Notary Public State of Florida Gregory Oropeza Serial Number: y r My Commission GG 221725 Qa for n.� Expires 07/t771202p Warranty Deed 3 , , A i State of Florida Department of State I certify from the records of this office that BCP, L.L.C. is a limited liability company organized under the laws of the State of Florida, filed on January 8, 2003. The document number of this limited liability company is L03000000820. I further certify that said limited liability company has paid all fees due this office through December 31, 2019, that its most recent annual report was filed on January 28, 2019, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Second day of August,2019 ce, Al ..../ ...... „: ....:•:...0,... 1 ,:"(i .1,,. _,....:ofs.%, :\ ,, . ,, . 40: ;, .%, i,..„..4,L.... 1 1i¢+', ! , c.c, Al.. rdi 1 *411W d S i..,tS. Secretary of State Tracking Number:8527839746CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication PREPARED BY and RETURN TO: Doc#2231427 Bk#2978 Pg#1362 Gregory S.Oropeza,Esq. Recorded 8/612019 10:25 AM Page 1 of 3 Oropeza,Stones&Cardenas,PLLC 221 Simonton Street Key West,Florida 33040 Filed and Recorded in Official Records of MONROE COUNTY KEVI�i i MADOK,CPA LIMITED LIABILITY COMPANY AFFIDAVIT BEFORE ME, the undersigned Notary Public, personally appeared, Bernie C. Papy, III, as,Managing Member of BCP, L.L.C., a Florida limited liability company ("Affiant"), after being by me first duly sworn, deposed and stated as follows: 1. This Affidavit is made with regard to the following described property: Part of Lots 1 and 2, of Square Twenty-four (24), in the City of Key West, according to the map or plan of said City delineated by William A.Whitehead in 1829. Beginning on a point on the Southwesterly side of Simonton Street, said point being Fifty (50) feet Southeasterly from the Southerly corner of Simonton Street and Rose Lane, and extending along Simonton Street in a Southeasterly direction Eighty-six (86) feet; thence at right angles in a Southwesterly direction Two hundred and Forty-one (241) feet Three (3) • inches; thence at right angles in a Northwesterly direction Thirty (30) feet; thence at right angles in a Northeasterly direction Eighty-five (85) feet Three (3) inches; thence at right angles in a Northwesterly direction Fifty-six (56) feet; thence at right angles in a Northeasterly direction One Hundred and Fifty-six (156) feet to the Point of Beginning. Part of Lots 1 and 2, of Square Twenty-four (24), in the City of Key West, according to the map or plan of said City delineated by William A.Whitehead in 1829. Beginning on a point on the Southwesterly side of Simonton Street, said point being Fifty (50) feet Southeasterly from the Southerly corner of Simonton Street and Rose Lane, and extending along Simonton Street in a Southeasterly direction Eighty-six (86) feet; thence at right angles in a Southwesterly direction Two hundred and Forty-one (241) feet Three (3) inches; thence at right angles in a Northwesterly direction Thirty (30) feet; thence at right angles in a Northeasterly direction Eighty-five (85) feet Three (3) inches; thence at right angles in a Northwesterly direction Fifty-six (56) feet; thence at right angles in a Northeasterly direction One Hundred and Fifty-six (156) feet to the Point of Beginning. (the "Property") 2. Affiant, Bernie C. Papy, III, is the Managing Member of BCP, L.L.C., a Florida limited liability company. The Company is a member managed Florida limited liability company. r• 3. Affiant consents to the sale of the Property to Monroe County, a political subdivision of the State of Florida, and authorizes Bernie C. Papy, III, as Managing Member of BCP, L.L.C., a Florida limited liability company, to execute the deed of conveyance, closing statement and all other documents necessary for the sale and conveyance of the Property. 4. The Company is not in bankruptcy and has not filed bankruptcy since the Company acquired title to the Property. The persons or entity authorized under item 3 above are not a debtor(s) in bankruptcy and have not been a debtor(s) in bankruptcy since becoming a member of the Company. 5. This Affidavit is made to induce Chicago Title Insurance Company ("Chicago Title") to insure title to the real property described in item 1 above. Affiant, individually and on behalf of the limited liability company described in item 2 above, agrees to indemnify Chicago Title and hold it harmless from any loss or damage resulting from its reliance on the matters set forth in this Affidavit. 6. The Company currently is in existence under valid Articles of Organization and its Operating Agreement, and the Company has not been dissolved (resulting from transfer of member's interest or otherwise), and is currently in full force and effect. Dated this'day of August, 2019: Signature Page to Follow 2 BCP, L.L.C., a Florida limited liability company By: C Bernie C. Papy, III STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this ' day of August 2019 by Bernie C. Papy,III, as Managing Member of BCP,L.L.C., a Florida limited liability company,who is personally known to me or has produced as identification. NOTARY PUBLIC xpires 07/01/2022 (y":6" NaryPublic State ofFlorida Nallle: Gregory propezaTitle or Rank: �oracr Ex ExT Commission 221725 Serial Number 3 ()Chicago Title Insurance Company POLICY OF TITLE INSURANCE SCHEDULE A Chicago Title Insurance Company Oropeza, Stones &Cardenas, PLLC 221 Simonton St. Key West, FL 33040 Policy Number: 7230609-217775440 Order Number: 7447263 Customer Reference: 19-83-316SimontonSt Amount of Insurance: $2,020,000.00 Address Reference: 316 Simonton Street Premium: $7,625.00 Key West, FL 33040 Monroe County (for informational purposes only) Date of Policy: August 06, 2019 at 10:25 AM 1. Name of Insured: Monroe County, Florida, 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 3. Title is vested in: Monroe County, Florida, a political subdivision of the State of Florida, by virtue of that certain Warranty Deed recorded August 6, 2019 in Official Records Book 2978, Page 1358, of the Public Records of Monroe County, Florida. 4. The land referred to in this policy is described in Exhibit "A" attached hereto and made part hereof. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED ALTA Owner's Policy(6/17/06) 2730609 1 of 4 (with Florida Modifications) Copyright American Land Title Association. All rights reserved. am= The use of this Form 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. -jam Policy No.: 7230609-217775440 O Chicago Title Insurance Company Order No.: 7447263 Customer Reference: 19-83-316SimontonSt EXHIBIT"A" Part of Lots 1 and 2, of Square Twenty-four (24), in the City of Key West, according to the map or plan of said City delineated by William A. Whitehead in 1829. Beginning on a point on the Southwesterly side of Simonton Street, said point being Fifty (50) feet Southeasterly from the Southerly corner of Simonton Street and Rose Lane, and extending along Simonton Street in a Southeasterly direction Eighty-six (86) feet; thence at right angles in a Southwesterly direction Two hundred and Forty-one (241) feet Three (3) inches; thence at right angles in a Northwesterly direction Thirty (30) feet; thence at right angles in a Northeasterly direction Eighty-five (85) feet Three (3) inches; thence at right angles in a Northwesterly direction Fifty-six (56) feet; thence at right angles in a Northeasterly direction One Hundred and Fifty-six (156) feet to the Point of Beginning. ALTA Owner's Policy (6/17/06) 2730609 2 of 4 (with Florida Modifications) Copyright American Land Title Association. All rights reserved. The use of this Form 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. Policy No.: 7230609-217775440 O Chicago Title Insurance Company Order No.: 7447263 Customer Reference: 19-83-316SimontonSt SCHEDULE B 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: 1. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 2. 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. 3. 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 service by any water, sewer or gas system supplying the insured land. 4. City of Key West Area of Critical State Concern, Rule 27F-15 of the Florida Administrative Code, adopted by the Administration Commission pursuant to Section 380.05, F.S., on February 7, 1984, effective February 28, 1984, recorded in Official Records Book 906, Page 200. 5. Subject to Restrictions imposed on property lying within the Historical Preservation Area of the City of Key West. Subject premises are within this area. 6. Subject to Code of Ordinances of the City of Key West, Section 74, which provides for the assessment and collection of sewer charges. 7. The effect of municipal zoning ordinances and the results of the exercises of governmental police powers of the City of Key West. 8. Title to or interest in personal property is neither guaranteed nor insured. 9. The following matters as disclosed by survey prepared by Florida Keys Land Surveying, last dated May 31, 2019 under Job No. 19-150: a. Awning extends beyond the property line on the north side. b. Overhead power lines traversing through the property without the benefit of a recorded easement. c. Encroachment of 1 Story Frame Structure and wood deck into insured property on the south, ownership of the structure and wood deck is undetermined. d. Encroachment of pool equipment into insured property on the west side, ownership of pool equipment is undetermined. 10.Subject to the Easement Agreement between BCP, LLC, a Florida limited liability company and W. Timothy Weaver and Victoria Leigh Weaver, as recorded in Deed Book 2978, Page 1343, Public Records of Monroe County, Florida. ALTA Owner's Policy (6/17/06) 2730609 r 3 of 4 (with Florida Modifications) Copyright American Land Title Association. All rights reserved. 111 The use of this Form 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. -jam Policy No.: 7230609-217775440 O Chicago Title Insurance Company Order No.: 7447263 Customer Reference: 19-83-316SimontonSt SCHEDULE B EXCEPTIONS FROM COVERAGE NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting Chicago Title Insurance Company, Telephone 1-800-669-7450. . • ALTA Owner's Policy (6/17/06) 2730609 4 of 4 • (with Florida Modifications) Copyright American Land Title Association. All rights reserved. .imim The use of this Form 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. tor` 0 CHICAGO TITLE INSURANCE COMPANY Policy No. : 137572-1-19-83-316SimontonSt-2019.7230609-217775440 OWNER'S POLICY OF TITLE INSURANCE Issued by CHICAGO 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, CHICAGO 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 7230609 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, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. CHICAGO TITLE INSURANCE COMPANY Countersigned: By: ��' Cr Authorized Officer or Agent �� q•N 1NsuR, By: e Oropeza, Stones &Cardenas, PLLC c° ooj tiVes:\% 221 Simonton St Yg =s= Key West, FL 33040-6653 " ySEAL f President Te1:305-294-0252 �• Fax:305-292-5442 Attest: rze4. Secretary 7230609 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. 7230609 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 ^m: 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 money Mortgage given to the Insured. (C) successors to an Insured by its conversion to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED another kind of Entity; (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 hereunder of any claim of title or interest that is adverse to the equity interests of the grantee are wholly-owned by the named 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 7230609 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 representative of the Company, all records, in whatever (i) the Amount of Insurance; or medium maintained, including books, ledgers, checks, (ii)the difference between the value of the Title as 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. 7230609 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 CHICAGO TITLE INSURANCE the Company in connection with its issuance or the breach of a COMPANY, Attn: Claims Department, P.O. Box 45023, policy provision or other obligation. Arbitration pursuant to this Jacksonville, FL 32232-5023. 7230609 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