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Title Insurance
© CHICAGO TITLE • INSURANCE COMPANY POLICY NO.: 39724-1-201 3-45 8-2014.7230609-90759863 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 Nebraska 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 property created,executed,withessed,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(incuding those relating to building and zoning)resitting,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 it a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or ALTA owners Policy(6/17/06) 7230609 t ofe (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 ces Li j standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. (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 We Public Records that vests Title as shown in Schedule A. The Company will also pay the costs,attomeys'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 as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company. CHICAGO TITLE INSURANCE COMPANY BY; NMI It I tQW xi. �L� � ---8.atart 1 _ Countersigned: A z Signatory 39724FL 2013-458 True Title Agency,Inc 9 Ships Way Big Pine Key,FL 33042 Tel:(305)872-4005 Fax: (305)872-4041 ALTA Owner's Policy(6117(06) 7230609 2 or 6 {wan Florida Modifications) inme 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. ` • EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this (a) created,suffered,assumed,or agreed to by the Insured Claimant: policy,and the Company will not pay loss or damage,costs,attorneys'fees, (b) not Known to the Company,not recorded in the Public Records at or expenses that arise by reason of: Date of Policy,but Known to the Insured Claimant and not disclosed 1. (a) Any law,ordinance,permit,or governmental regulation(including in writing to the Company by the Insured Claimant prior to the date those relating to building and zoning)restricting,regulating,prohibiting,or the Insured Claimant became an Insured under this policy; relating to (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy,or (i) the occupancy,use,or enjoyment of the Land; (e) resulting in loss or damage that would not have been sustained I the (ii) the character,dimensions,or location of any improvement Insured Claimant had paid value for the Title. erected on the Land; 4. Any claim,by reason of the operation of federal bankruptcy,state (ill) the subdivision of land;or insolvency,or similar creditors'rights laws,that the transaction vesting the (iv) environmental protection; Title as shown in Schedule A,is or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit (a) a fraudulent conveyance or fraudulent transfer,or the coverage provided under Covered Risk 5. (b) a preferential transfer for any reason not stated in Covered Risk 9 of (b) Any govemmental police power.This Exclusion 1(b)does not modify this policy. or limit the coverage provided under Covered Risk 6. 5. Any lien on the Title for real estate taxes or assessments imposed by 2. Rights of eminent domain.This Exclusion does not modify or limit the governmental authority and created or attaching between Date of Policy coverage provided under Covered Risk oar 8. and the date of recording of the deed or other instrument of transfer in the 7Public Records that vests Title as shown in Schedule A. 3. Defects,liens,encumbrances,adverse claims,or other matters CONDITIONS 1. DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean: purposes. (a) "Amount of Insurance":The amount stated in Schedule A,as may be 0i) With regard to(A),(B),(C),and(D)reserving,however,all rights and increased or decreased by endorsement to this policy,increased by defenses Section B(b),or decreased by Sections 10 and 11 of these had agaainstt anyy predecessor Insured. anysuccessor that the Company would have Conditions. (e) "Insured Claimant":An Insured claiming loss or damage. (b) "Date of Policy:The date designated as"Date of Policy in Schedule (f) "Knowledge"or"Known':Actual knowledge,not constructive A. knowledge or notice that may be imputed to an Insured by reason of (c) "Entity":A corporation,partnership,trust,limited liability company,or the Public Records or any other records that impart constructive other similar legal entity. notice of matters affecting the Title. (d) "Insured":The Insured named in Schedule A, (g) 'Land":The land described in Schedule A,and affixed improvements (i) The term'Insured'also includes that by law constitute real property.The term'Land"does not include any property beyond the lines of the area described in Schedule A, (A) successors to the Title of the Insured by operation of law nor any right,tide,interest,estate,or easement in abutting streets, as distinguished from purchase,including heirs,devisees, roads,avenues,alleys,lanes,ways,or waterways,but this does not survivors,personal representatives,or next of kin; modify or limit the extent that a right of access to and from the Land is (B) successors to an Insured by dissolution,merger, insured by this policy. consolidation,distribution,or reorganization; (h) "Mortgage':Mortgage,deed of trust,trust deed,or other security (C) successors to an Insured by its conversion to another kind instrument,including one evidenced by electronic means authorized of Entity; by law. (D) a grantee of an Insured under a deed delivered without (i) 'Public Records':Records established under state statutes at Date of payment of actual valuable consideration conveying the Policy for the purpose of imparting constructive notice of matters Title relating to real property to purchasers for value and without (1) if the shares, or other equity Knowledge.With respect to Covered Risk 5(d),'Public Records"shall interestshe stock,the grantee,memberships,are wholly-ownedthrbe quit also include environmental protection liens filed in the records of the of clerk of the United States District Court for the district where the Land named Insured, is located. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of (k) "Title":The estate or interest described byd in Schedule A. "Unmarketablehatwoldr Title":Title affected by se allegedo or apparent t matter the named Insured,provided the affiliated Entity and that would permit a prospective purchaser or lessee of the Title or the named Insured are both wholly-owned by the lender on the Title to be released from the obligation to purchase, same person or Entity,or lease,or lend if there is a contractual condition requiring the delivery (4) if the grantee is a trustee or beneficiary of a trust of marketable title. created by a written instrument established by the ALTA Owner's Policy(6117/06) 7230509 3 of 6 (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 goad standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. 2. CONTINUATION OF INSURANCE 6. DUTY OF INSURED CLAIMANT TO COOPERATE The coverage of this policy shall continue in force as of Date of Policy in (a) In all cases where this policy permits or requires the Company to favor of an Insured,but only so long as the Insured retains an estate or prosecute or provide for the defense of any action or proceeding and interest in the Land,or holds an obligation secured by a purchase money any appeals,the Insured shall secure to the Company the right to so Mortgage given by a purchaser from the Insured,or only so long as the prosecute or provide defense in the action or proceeding,including Insured shall have liability by reason of warranties in any transfer or the right to use,at Its option,the name of the Insured for this purpose. conveyance of the Title.This policy shall not continue in force in favor of Whenever requested by the Company,the Insured,at the Company's any purchaser from the Insured of either(i)an estate or interest in the expense,shall give the Company all reasonable aid(i)in securing Land,or(ii)an obligation secured by a purchase money Mortgage given to evidence,obtaining witnesses,prosecuting or defending the action or the Insured. proceeding,or effecting settlement,and(i)in any other lawful act that 6. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured.If the Company is The Insured shall notify the Company promptly in writing(i)in case of any prejudiced by the failure of the Insured to fumish the required litigation as set forth in Section 5(a)of these Conditions,(ii)in case cooperation,the Company's obligations to the Insured under the Knowledge shall come to an Insured hereunder of any claim of title or policy shall terminate,including any liability or obligation to defend, interest that is adverse to the Title,as insured,and that might cause loss prosecute,or continue any litigation,with regard to the matter or or damage for which the Company may be liable by virtue of this policy,or matters requiring such cooperation. (iii)if the Title,as insured,is rejected as Unmarketable Title.If the (b) The Company may reasonably require the Insured Claimant to submit Company is prejudiced by the failure of the Insured Claimant to provide to examination under oath by any authorized representative of the prompt notice,the Company's liability to the Insured Claimant under the Company and to produce for examination,inspection,and copying,at policy shall be reduced to the extent of the prejudice. such reasonable times and places as may be designated by the 4. PROOF OF LOSS authorized representative of the Company,all records,in whatever medium maintained,including books,ledgers,checks,memoranda, In the event the Company is unable to determine the amount of loss or correspondence,reports,e-mails,disks,tapes,and videos whether damage,the Company may,at its option,require as a condition of hearing a date before or after Date of Policy,that reasonably pertain payment that the Insured Claimant famish a signed proof of loss.The to the loss or damage.Further,if requested by any authorized proof of loss must describe the defect,lien,encumbrance,or other matter representative of the Company,the Insured Claimant shall grant its insured against by this polity that constitutes the basis of loss or damage permission,in writing,for any authorized representative of the and shall state,to the extent possible,the basis of calculating the amount Company to examine,inspect,and copy all of these records in the of the loss or damage. custody or control of a third party that reasonably pertain to the loss 6. DEFENSE AND PROSECUTION OF ACTIONS or damage.All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not (a) Upon written request by the Insured,and subject to the options be disclosed to others unless,in the reasonable judgment of the contained in Section 7 of these Conditions,the Company,at its own Company,it is necessary in the administration of the claim.Failure of cost and without unreasonable delay,shall provide for the defense of the Insured Claimant to submit for examination under oath,produce an Insured in litigation in which any third party asserts a claim any reasonably requested information,or grant permission to secure covered by this policy adverse to the Insured.This obligation is reasonably necessary information from third parties as required in this limited to only those stated causes of action alleging matters insured subsection,unless prohibited by law or govemmental regulation,shall against by this policy.The Company shall have the right to select terminate any liability of the Company under this policy as to that counsel of its choice(subject to the right of the Insured to object for claim. reasonable cause)to represent the Insured as to those stated causes 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION of action.It shall not be liable for and will not pay the fees of any other OF LIABILITY counsel.The Company will not pay any fees,costs,or expenses incurred by the Insured in the defense of those causes of action that In case of a claim under this policy,the Company shall have the following allege matters not insured against by this policy. additional options: (b) The Company shall have the right,in addition to the options (a) To Pay or Tender Payment of the Amount of Insurance.To pay or contained in Section 7 of these Conditions,at its own cost,to institute tender payment of the Amount of Insurance under this policy together and prosecute any action or proceeding or to do any other act that in with any costs,attorneys'fees,and expenses incurred by the Insured its opinion may be necessary or desirable to establish the Title,as Claimant that were authorized by the Company up to the time of insured,or to prevent or reduce loss or damage to the Insured.The payment or tender of payment and that the Company is obligated to Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured.The exercise of pay' these rights shall not be an admission of liability or waiver of any Upon the exercise by the Company of this option,all liability and provision of this policy.If the Company exercises its rights under this obligations of the Company to the Insured under this policy,other subsection,it must do so diligently. than to make the payment required in this subsection,shall terminate, (c) Whenever the Company brings an action or asserts a defense as including any liability or obligation to defend,prosecute,or continue required or permitted by this policy,the Company may pursue the any litigation. litigation to a final determination by a court of competent jurisdiction, (h) To Pay or Otherwise Settle With Parties Other Than the Insured or and it expressly reserves the right,in its sole discretion,to appeal any With the Insured Claimant. adverse judgment or order. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition,the Company will pay any costs,attomeys'fees,and ALTA Owner's Policy(6/17I06) 7230609 4 of 6 (with Florida ModJieatons) Copyright American Land Lille 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. expanses incurred by the Insured Claimant that were authorized 11. LIABILITY NONCUMULATIVE by the Company up to the time of payment and that the The Amount of Insurance shall be reduced by any amount the Company Company is obligated to pay;or (ii) to pay or otherwise settle with the Insured Claimant the loss or pays under any policy insuring a Mortgage to which exception is taken in damage provided for under this policy,together with any costs, Schedule B or to which the Insured has agreed,assumed,or taken attorneys'fees,and expenses incurred by the Insured Claimant subject,or which is executed by an Insured after Date of Policy and which that were authorized by the Company up to the time of payment is a charge or lien on the Title,and the amount so paid shall be deemed a and that the Company is obligated to pay. payment to the Insured under this policy. Upon the exercise by the Company of either of the options provided 12. PAYMENT OF LOSS for in subsections(b)(i)or(ii),the Company's obligations to the When liability and the extent of loss or damage have been definitely fixed Insured under this policy for the claimed loss or damage,other than in accordance with these Conditions,the payment shall be made within 30 the payments required to be made,shall terminate,including any days. liability or obligation to defend,prosecute,or continue any litigation. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT 8. DETERMINATION AND EXTENT OF LIABILITY (a) Whenever the Company shall have settled and paid a claim under This policy is a contract of indemnity against actual monetary loss or this policy,it shall be subrogated and entitled to the rights of the damage sustained or incurred by the Insured Claimant who has suffered Insured Claimant in the Title and all other rights and remedies in loss or damage by reason of matters insured against by this policy. respect to the claim that the Insured Claimant has against any person (a) The extent of liabAddyy of the Company for loss or damage under this or property,to the extent of the amount of any loss,costs,attorneys' _. polld�sM1alfFPlf9ii�'adMeiesserbf ^'^^'® '. •w,=oleesFandex pen see paid byt Company:If requested by the . .. Company,the Insured Claimant shall execute documents to evidence (i) the Amount of Insurance;or the transfer to the Company of these rights and remedies.The (ii) the difference between the value of the Title as insured and the Insured Claimant shall permit the Company to sue,compromise,or value of the Title subject to the risk insured against by this settle in the name of the Insured Claimant and to use the name of the policy. Insured Claimant in any transaction or litigation involving these rights (b) If the Company pursues its rights under Section 5 of these Conditions and remedies. and is unsuccessful in establishing the Title,as insured, If a payment on account of a claim does not fully cover the loss of the (i) the Amount of be by and Insured Claimant,the Company shall defer the exercise of its right to (ii) the AInmountured Claimant Insurance shallll havb increasedn at have 10%,loss or recover until after the Insured Claimant shall have recovered its loss. damage determined either as of the date the claim was made by (b) The Company's right of subrogation includes the rights of the Insured the Insured Claimant or as of the date it is settled and paid. to indemnities,guaranties,other policies of insurance,or bonds, notwithstanding any terms or conditions contained in those (c) in addition to the extent of liability under(a)and(b),the Company will instruments that address subrogation rights. also pay those costs,attorneys'fees,and expenses incurred in 14. ARBITRATION accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY Unless prohibited by applicable law,arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be (a) If the Company establishes the Title,or removes the alleged defect, demanded if agreed to by both the Company and the Insured at the time of lien,or encumbrance,or cures the lack of a right of access to or from a controversy or claim.Arbitrable matters may include,but are not limited the Land,or cures The claim of Unmarketable Title,all as insured,in a to,any controversy or claim between the Company and the Insured arising reasonably diligent manner by any method,including litigation and the out of or relating to this policy,and service of the Company in connection completion of any appeals,it shall have fully performed its obligations with its issuance or the breach of a policy provision or other obligation. with respect to that matter and shall not be liable for any loss or Arbitration pursuant to this policy and under the Rules in effect on the date damage caused to the Insured. the demand for arbitration is made or,at the option of the Insured,the (b) In the event of any ligation,including litigation by the Company or Rules in effect at Date of Policy shall be binding upon the parties.The with the Company's consent,the Company shall have no liability for award may include attorneys'fees only if the laws of the state in which the loss or damage until there has been a final determination by a court Land is located permit a court to award attorneys'fees to a prevailing of competent jurisdiction,and disposition of all appeals,adverse to party.Judgment upon the award rendered by the Arbitrator(s)may be the Title,as insured. entered in any court having jurisdiction thereof. (c) The Company shall not be liable for loss or damage to the Insured for The law of the situs of the land shall apply to an arbitration under the Title liabilM voluntaNy assumed by the Insured in setting any claim or suit Insurance Arbitration Rules.A copy of the Rules may be obtained from the without the prior written consent of the Company. Company upon request. 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY All payments under this policy,except payments made for costs,attorneys' fees,and expenses,shall reduce the Amount of Insurance by the amount of the payment. • ALTA Owner's Policy(5/17/06) 7230609 5 of 6 (with Florida Modifications) mmmei Copyright American Land Title Association.All rights reserved The use of this Farm 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. • 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT (a) This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the Company.In interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions.Except as the endorsement expressly states,it does not(i)modify any of the terms and provisions of the policy,(ii)modify any prior endorsement, (iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. 18. SEVERABILITY In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW;FORUM (a) Choice of Law:The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation,rights,remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. (b) Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against-the Title that are adverse to the Insured and to interpret and enforce the terms of this policy.In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (c) Choice of Forum:My litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES,WHERE SENT Any notice of claim aid any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Chicago Title Insurance Company,Attn:Claims Department,P.O.Box 45023,Jacksonville,FL 32232-5023. ALTA owners Policy(6/17r06) 7230609 6 of 6 (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 +'e:�i,'t standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. Chicago Title Insurance Company OWNERS POLICY Schedule A Policy No.: Date of Policy: Agents File Reference: 7230609-90759863 February 4,2014 @ 09:01 AM 2013-458 Amount of Insurance: $5,000,000.00 Premium: $15,075.00 Address Reference: 104550 Overseas Highway,Key Largo,FL 33037 I. Name of Insured:Monroe County,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. 1967520 in Official Records Book 2669,Page 1958,of the Public Records of Monroe County,Florida. 3. Tide is vested in: Monroe County,Florida 4. The Land referred to in this policy is described as follows: Tracts 1 and 2, HIGHLAND SHORES, according to the Plat thereof as recorded in Plat Book 3, Page 39, -_- of the Public Records of Monroe County, Florida Chicago Title Insurance Company Agent No.: FL6594 Issuing Agent: True Title Agency,Inc. 9 Ships Way Big Pine Key,FL 33043 1.1 AAgd ad '/ �r is Signature R ;rd J. Fielder 'resident m.ro¢one Paget of0 Form OF6-SCH.-A (rev. 11/10)(With Florida Modifications) DoubleTime®6.0 • Chicago Title Insurance Company OWNER'S POLICY Schedule B Policy No.: Agent's File Reference: 7230609-90759863 2013-458 This policy does not insure against loss or damage, and Chicago Title Insurance Company will not pay costs,attorneys'fees, or expenses that arise by reason of: 1. General or special taxes and assessments required to be paid in the year 2014 and subsequent years. 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. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land(s) insured hereunder, including submerged, filled and artificially exposed lands,and lands accreted to such lands. 7. 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.Bus/Statutes/Index.cfin or contact True Title Agency, Inc.for a copy of Chapter 159. 8. State Law under Chapter 76-190 and Chapter 22 F-8.02 of the Florida Administrative Code for Land Planning for the Florida Keys Area of Critical State Concern as recorded in Official Record Book 668 at Page 44 of the Public Records of Monroe County,Florida. 9. Restrictions, conditions,reservations,easements,and other matters contained on the Plat of HIGHLAND SHORES,as recorded in Plat Book 3, Page 39, of the Public Records of Monroe County, Florida. 10. 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. I I. 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. 12. The rights of the State of Florida in and to the property based on the doctrine of the state's sovereign ownership of lands lying below the mean high water line of any navigable or tidally influenced waters. 13. Rights, if any, of the public to use as a public beach or recreation area any part of the property lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water, or other apparent boundary line separating the publicly used area from the upland private area. 14. Any part of the property which is artificially filled land in what was formerly navigable waters is subject to the rights of the United States Government arising by said government's control over navigable waters involving navigation and commerce. 15. Right of Conch Tree&Landscape Professionals, Inc. as Licensee in possession of a portion of the property pursuant to that certain unrecorded Temporary Non-Exclusive Storage License Agreement (the "License") between said Licensee and Seller LARGO SUN VISTA ACQUISITION CO.,LLC,as Licensor. 16. Items 2-5 are hereby deleted. Page 2 of 2 Form OF6-SCK-B(rev. 12/I o)(Wuh Florida Modifications) OoubleTlme®6.0 Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. ENE follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number,tax identification number,asset information,and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address,the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates,or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction,account balances,and credit card information;and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies)to various individuals and companies,as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include,without limitation,the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity,fraud, material misrepresentation,or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action,in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders,judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a - ----title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith,that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees,or property and/or to comply with a judicial proceeding,court order or legal process. Page 1 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Companies — We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties — We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction,Amendment,or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. Forxour protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville,FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2