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Title Insurance
CHICAGO'TITLE. SIJRANCE COMPANY Policy No.: 144103-1-2021-394-2021.7230609-225831995 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 qti 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: By: 4 Authorized Officer or Agent Gregory S. Oropeza S .:4,yc e True Title Florida Keys, Inc. j�oY vpra rfiSi% Randy R. Quirk 9 Ships Way ' 4-03 Big Pine Key, FL 33043-3114 • _•- >uy" 4 President Tel:305-872-4005 ti...z Fax: dZL{ Attest: Marjorie Nemzura 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 ti 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 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. Page3of6 CONDITIONS 1. DEFINITION OF TERMS of the United States District Court for the district where the The following terms when used in this policy mean: Land is located. (a)"Amount of Insurance": The amount stated in Schedule (j) "Title": The estate or interest described in Schedule A. A, as may be increased or decreased by endorsement to this (k) "Unmarketable Title": Title affected by an alleged or policy, increased by Section 8(b), or decreased by Sections 10 apparent matter that would permit a prospective purchaser or and 11 of these Conditions. lessee of the Title or lender on the Title to be released from the (b)"Date of Policy": The date designated as 'Date of Policy" obligation to purchase, lease, or lend if there is a contractual in Schedule A. condition requiring the delivery of marketable title. (c)"Entity": A corporation, partnership, trust, limited liability 2. CONTINUATION OF INSURANCE company, or other similar legal entity. The coverage of this policy shall continue in force as of Date (d)"Insured": The Insured named in Schedule A. of Policy in favor of an Insured, but only so long as the Insured (i) The term "Insured" also includes retains an estate or interest in the Land, or holds an obligation (A) successors to the Title of the Insured by secured by a purchase money Mortgage given by a purchaser operation of law as distinguished from purchase, including from the Insured, or only so long as the Insured shall have heirs, devisees, survivors, personal representatives, or next of liability by reason of warranties in any transfer or conveyance kin; of the Title. This policy shall not continue in force in favor of (B) successors to an Insured by dissolution, any purchaser from the Insured of either (i) an estate or merger, consolidation, distribution, or reorganization; interest in the Land, or (ii) an obligation secured by a purchase (C) successors to an Insured by its conversion to money Mortgage given to the Insured. another kind of Entity; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (D) a grantee of an Insured under a deed CLAIMANT delivered without payment of actual valuable consideration The Insured shall notify the Company promptly in writing (i) conveying the Title in case of any litigation as set forth in Section 5(a) of these (1)if the stock, shares, memberships, or other Conditions, (ii) in case Knowledge shall come to an Insured equity interests of the grantee are wholly-owned by the named hereunder of any claim of title or interest that is adverse to the Insured, Title, as insured, and that might cause loss or damage for (2)if the grantee wholly owns the named Insured, which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If (3)if the grantee is wholly-owned by an affiliated the Company is prejudiced by the failure of the Insured Entity of the named Insured, provided the affiliated Entity and Claimant to provide prompt notice, the Company's liability to the named Insured are both wholly-owned by the same person the Insured Claimant under the policy shall be reduced to the or Entity, or extent of the prejudice. (4)if the grantee is a trustee or beneficiary of a 4. PROOF OF LOSS trust created by a written instrument established by the In the event the Company is unable to determine the Insured named in Schedule A for estate planning purposes. amount of loss or damage, the Company may, at its option, (ii) With regard to (A), (B), (C), and (D) reserving, require as a condition of payment that the Insured Claimant however, all rights and defenses as to any successor that the furnish a signed proof of loss. The proof of loss must describe Company would have had against any predecessor Insured. the defect, lien, encumbrance, or other matter insured against (e) "Insured Claimant": An Insured claiming loss or by this policy that constitutes the basis of loss or damage and damage. shall state, to the extent possible, the basis of calculating the (f) "Knowledge" or "Known": Actual knowledge, not amount of the loss or damage. constructive knowledge or notice that may be imputed to an 5. DEFENSE AND PROSECUTION OF ACTIONS Insured by reason of the Public Records or any other records (a)Upon written request by the Insured, and subject to the that impart constructive notice of matters affecting the Title. options contained in Section 7 of these Conditions, the (g)"Land": The land described in Schedule A, and affixed Company, at its own cost and without unreasonable delay, improvements that by law constitute real property. The term shall provide for the defense of an Insured in litigation in which "Land" does not include any property beyond the lines of the any third party asserts a claim covered by this policy adverse area described in Schedule A, nor any right, title, interest, to the Insured. This obligation is limited to only those stated estate, or easement in abutting streets, roads, avenues, alleys, causes of action alleging matters insured against by this policy. lanes, ways or waterways, but this does not modify or limit the The Company shall have the right to select counsel of its choice extent that a right of access to and from the Land is insured by (subject to the right of the Insured to object for reasonable this policy. cause) to represent the Insured as to those stated causes of (h)"Mortgage": Mortgage, deed of trust, trust deed, or other action. It shall not be liable for and will not pay the fees of any security instrument, including one evidenced by electronic other counsel. The Company will not pay any fees, costs, or means authorized by law. expenses incurred by the Insured in the defense of those (i) "Public Records": Records established under state causes of action that allege matters not insured against by this statutes at Date of Policy for the purpose of imparting policy. constructive notice of matters relating to real property to (b)The Company shall have the right, in addition to the -purchasers for value and without Knowledge. With respect to options contained in Section 7 of these Conditions, at its own Covered Risk 5(d), "Public Records" shall also include cost, to institute and prosecute any action or proceeding or to environmental protection liens filed in the records of the clerk 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 (i) the Amount of Insurance; or representative of the Company, all records, in whatever difference between the value of the Title as medium maintained, including books, ledgers, checks, (ii)the memoranda, correspondence, reports, e-mails, disks, tapes, insured and the value of the Title subject to the risk insured and videos whether bearing a date before or after Date of against by this policy. Policy, that reasonably pertain to the loss or damage. Further, (b)If the Company pursues its rights under Section 5 of if requested by any authorized representative of the Company, these Conditions and is unsuccessful in establishing the Title, the Insured Claimant shall grant its permission, in writing, for as insured, any authorized representative of the Company to examine, (i) the Amount of Insurance shall be increased by inspect, and copy all of these records in the custody or control 10%, and of a third party that reasonably pertain to the loss or damage. (ii)the Insured Claimant shall have the right to have the All information designated as confidential by the Insured loss or damage determined either as of the date the claim was Claimant provided to the Company pursuant to this Section made by the Insured Claimant or as of the date it is settled and shall not be disclosed to others unless, in the reasonable paid. judgment of the Company, it is necessary in the administration (c)In addition to the extent of liability under (a) and (b), of the claim. Failure of the Insured Claimant to submit for the Company will also pay those costs, attorneys' fees, and examination under oath, produce any reasonably requested expenses incurred in accordance with Sections 5 and 7 of these information, or grant permission to secure reasonably Conditions. necessary information from third parties as required in this 9. LIMITATION OF LIABILITY subsection, unless prohibited by law or governmental (a)If the Company establishes the Title, or removes the regulation, shall terminate any liability of the Company under alleged defect, lien or encumbrance, or cures the lack of a right this policy as to that claim. of access to or from the Land, or cures the claim of 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; Unmarketable Title, all as insured, in a reasonably diligent TERMINATION OF LIABILITY manner by any method, including litigation and the completion In case of a claim under this policy, the Company shall have of any appeals, it shall have fully performed its obligations with the following additional options: respect to that matter and shall not be liable for any loss or (a)To Pay or Tender Payment of the Amount of Insurance. damage caused to the Insured. 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 s 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 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice,the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. 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The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the Effective August 1,2021 Copyright©2021.Fidelity National Financial,Inc.All Rights Reserved. S mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF,you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Effective August 1,2021 Copyright©2021.Fidelity National Financial,Inc.All Rights Reserved. OWNER'S POLICY OF TITLE INSURANCE r , 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 corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after 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 Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 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 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 (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. True Title Florida Keys, Inc. Fidelity National Title Insurance Company BY td„� I iS SEAL — President / y �e ATTEST By: Gregory S. Oropeza Secretary President Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 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 (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); 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. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 SCHEDULE A Name and Address of Title Insurance Company: Chicago Title Insurance Company 13800 NW 14th Street, Suite 190, 144103.1.27.09, Sunrise, FL 33323 File No.: 2021-394 Policy No.: 7230609-225831995 Address Reference: Lots 3&4 Water's Edge, Key West, FL 33040 Amount of Insurance: $500,000.00 Premium: $2,575.00 Date of Policy: September 23, 2021 at 11:00 PM 1. Name of Insured: Monroe County, a political subdivision of the State of Florida 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Monroe County, a political subdivision of the State of Florida 4. The Land referred to in this policy is described as follows: On the Island of Stock Island, County of Monroe and State of Florida, and being Lots Three (3)and Four(4)of WATER'S EDGE, a subdivision of Lots Twenty-one (21), Twenty-two (22), and Twenty-three (23), Block Forty-five (45), according to Plat of GEORGE L. MACDONALD, recorded in Plat Book One(1), Page 55, Monroe County, Florida Public Records. Said plat of WATER'S EDGE being of record in Plat Book One (1) at Page 184, Monroe County, Florida, Public Records. Together with any and all riparian rights thereunto belonging or appertaining. SUBJECT TO conditions, restrictions, limitations, easements of record and zoning ordinances. True Title Florida Keys, Inc. Fidelity National Title Insurance Company SrnE rft BY 4,4 iT SEAL n By: President /� ATTEST � Gregory S. Oropeza Secretary President r � Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association: 2021-394 • SCHEDULE B File No.: 2021-394 Policy No.: 7230609-225831995 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2021 and subsequent years,which are not yet due and payable. 3. 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. 4. Rights or claims of parties in possession not shown by the public records. 5. Any lien, or right to a Hen, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Taxes or assessments which are not shown as existing liens by the public records. 7. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, including submerged,filled or artificially exposed lands accreted to such land. 8. Assessments, including special assessments, for the year 2021 and all prior years. 9. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Watersedge, recorded in Plat Book 1, Page 184, of the Public Records of Monroe County, Florida. 10. Code EnforcementNiolation Liens recorded in Official Records Book 2184, Page 143, Official Records Book 2292, Page 1827, Official Records Book 2292, Page 1829, Official Records Book 3122, Page 32, Official Records Book 3122, Page 36, and Official Records Book 3122, Page 40. 11. All matters in Monroe County Circuit Court Case No.CA-K-15-214, including all terms, conditions and provisions of that certain Mediated Settlement Agreement between the parties dated 8/24/21 12. State Law under Chapter 76-190, now codified under Chapter 380, Florida Statues; Chapter 27F-8 and Rule 28-29.001 et seq., of the Florida Administrative Code for Land Planning for the Florida Keys Area of Critical State Concern, as orignally recorded at Official Records Book 668, Page 43. 13. Subject to County Ordinance No. 10-1977, providing for annual levy on garbage and trash collection fees to be assessed upon this parcel of land, as amended by County Ordinance No. 13-1978. 14. Land use restrictions imposed under the Monroe County Land Use Plan and any other land use restrictions which may have been or will be imposed by any governmental body, including,but not limited to, the County of Monroe, the State of Florida and the Army Corps of Engineers 15. The nature, extent or existence of riparian rights or littoral rights is not insured. imimmo Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 16. Notwithstanding the legal description in Schedule A, this commitment/policy does not insure title to any lands lying below the mean or ordinary high water line of any navigable or tidally influenced waters, and specifically excludes from coverage any seawall, bulkhead or dock structure extending outside the insured lot(s) into the abutting waterway. 17. Rights of the United States of America over any portion of the Land now or formerly submerged, arising by reason of the United States' control over navigable waters in the interest of navigation and commerce. 18. House Bill No. 634, Chapter 70-231, an Act relating to the Bureau of Beaches, Shores and Coastal Construction, amending Chapter 161, Florida Statutes, by adding Section 161.052; providing a setback line for coastal construction and excavation; providing for the granting of variances by the Department of Natural Resources; providing penalties; and providing an effective date. 19. Rights of tenants occupying all or part of the isured land under unrecorded leases or rental agreements. 20. That portion of the concrete seawall extending beyond the northeast boundary of the subject property as is more particularly described in Florida Keys Land Surveying. survey dated November 3, 2021, Job No.: 21-553 21. That portion of the wood fence extending beyond the northwest boundary of the subject property as is more particularly described in Florida Keys Land Surveying survey dated November 3, 2021, Job No.: 21-553. 22. That portion of the wood dock extending beyond the northern corner boundary of the subject property as is more particularly described in Florida Keys Land Surveying survey dated November 3, 2021, Job No.: 21-553. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAN D TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 • CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) the term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of,Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any , purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or(iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of mimmis Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 • any action or proceeding and any appeals, the Insured shall secure to the Company the right'to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment.of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (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, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 13. RIGHTS OF RECOVERY.UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 2021-394 •a • 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 13800 NW 14th Street, Suite 190, 02100.170607, Sunrise, FL 33323. • Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Association. 7r:„ 2021-394 Doc#2349360 Bk#3138 Pg#1155 Electronically Recorded 11/19/2021 at 4:43 PM Pages 2 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $18.50 Deed Doc Stamp$3,500.00 Prepared By: True Title Florida Keys, Inc. 9 Ships Way • Big:Pine Key,FL 33043 Order No,: 202.1-394 Property Appraiser's Parcel 1.D.(folio)Number: 00132370-000000 WARRANTY DEED THIS WARRANTY DEED dated the J'.•2day of November, 202.1, by Robin Pfahning,whose post office address is 43 White Avenue,Riverside,Rhode Island 02915-3.522(the"Grantor"),to Monroe County,Florida,A Political Subdivision of the State of Florida (the"Grantee")whose post office address is 1100 Simonton Street, Key West,Florida 33040. (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 No Dollars And No/100 Dollars($0.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,releases,.conveys,and.confirms unto the grantee,all the certain land.situated in County of Monroe,State of Florida,viz: On the Island of Stock Island,County of Monroe and State of Florida,.and being Lot Three(3)of WATER'S EDGE, a subdivision of.Lots Twenty-one(21),Twenty-two(22),and Twenty-three(23),Block Forty-five(45),according to Plat of GEORGE L.MACDONALD,recorded in Plat Book One(1),Page.55,Monroe County,Florida.Public. Records. Said plat of WATER'S EDGE being of record in Plat Book One.(1)at Page 1S4,Monroe.County,.Florida, Public Records. Together with any and all riparian rights.thereunto belonging or appertaining. SUBJECT TO conditions,restrictions,limitations,easements of record and zoning ordinances,if any Grantor warrants.that at the time of this.conveyance,the subject property is not the Grantor's homestead within the meaning set forth in the.constitution of.the.state of Florida,nor is.it.contiguous to.or a part of homestead property. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD the same in forever. AND the grantor hereby covenants with.said grantee thatthe mentor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the.grantor hereby fully warrants the title to said land and will defend the same against the lawful.claims of all persons whomsoeven and that:said land is free of all encumbrances,.except taxes accruing subsequent to; 2020. Warranty Deed Page.1 1 Doc.#2349360 Page Number:2 of 2 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivereded in presence- of: c r��L:� - ! ° rA ob Pfah Witness ignature l.- s0 Dllf 6 r�I55" -- ' ,.•`°®� U6� ,,,,, tint � %"7...% i 101.4 NOTARY 1, .icn= Wi S ess Signature ID #59074 hi 'iqR - %ti . 0 r. '.--<,'...Pa 202`?.'' / Printed Name of Second Witnes, STATE OF RHODE ISLAND COUNTY OF PEEP V/ c - C.e.._ The foregoing instrument was executed and acknowledged before me by means of v! Physical Presence or Online Notarization this /a day of November,2021 by Robin Pfahning. Personally known or Produced Identification I.y ooff Identification Produced- ail Notary Public �� ��` Print Name: /'YI4-721 a n)v�1 ' My Commission Expires: 76 4.98,25'"^ Warranty Deed Page l2 Doc#2349359 Bk#3138 Pg#1152 Electronically Recorded 11/19/2021 at 4:43 PM Pages 3 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: S27.00 Deed Doc Stamp$0.70 Prepared By: True Title.Florida Keys,Inc. 9•Ships Way Big Pine Key;FL 33043 Order No.: 2021-394 Property Appraiser's Parcel I.D. (folio)Number 00132380-000000 PERSONAL REPRESENTATIVE'S DEED THIS PERSONAL .REPRESENTATIVE'S .DEED made and. executed. by Robin Pfahning, Personal Representative of The Estate of Jerome E. Pfahning(the°Grantor"),to Monroe County, Florida a Political Subdivision of the State of Florida(the"Grantee°):whose post office address is 1100 Simonton:Street, Key West, Florida 33040: (Wherever used'herein the terms"Grantor"and"Grantee include all the parties to this instrument and the heirs,legal representative and assigns of individuals,and.the successors and'assigns of corporations;) WITNESSETH: That the Grantor, for and in .consideration of the sum of $10,00.and other'valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains,..sels, aliens, remises, releases,conveys and confirms unto the Grantee,all thatcertain land situated in County.of Monroe, State of Florida,viz: On•the.Island of Stock'Island, County of Monroe.and State of Florida,and being Lot Four(4)of WATER'S • EDGE,a subdivision of Lots Twenty-one(21),Twenty-two(22),and Twenty-three(23),Block Forty-five (45),according to Plat of GEORGE.L.MACDONALD,recorded in:Plat Book.One(1), Page 55,Monroe County, Florida Public Records. Said plat.of WATER'S EDGE being.of record:in.Plat Book One(1)at. Page 1:84i Monroe County,Florida,Public Records. Together with.any and all riparian rights thereunto belonging or appertaining. SUBJECT TO.conditions,.restrictions,limitations,easements of record and zoning ordinances. Subject to easements, restrictions,reservations,and limitations of record,if any. • TOGETHER With all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining, TO HAVE AND TO HOLD the same in. forever. • And the Grantor hereby covenants that.the Grantor has good right and lawful authority to sell and'convey said land;that all court orders and laws of Florida have.been followed and complied with in.all respects; and that said land is free of all encumbrances,except taxes accruing subsequent to:. 2020. IN WITNESS WHEREOF the said Grantor has signed and sealed these presents the day and year first above written.. Doe.#2349359 Page Number:2 of 3 Signed, sealed and delivered in presence of: The E. ate +• -'+ E. Pfahning -----)-4-Alta, - 64144-(-) B : f�/► Witness Signature "•,bi Pfahning*W / a r Perso .1 Repres-ntative if. ,eJN 1,101- 4 .C'ei/5ce' 0 ted Name of Fr t Witne . ,,,W. Mess Signature `s., J ' �" Printed Name of Second Witne:s STATE OF RHOS ISLAND COUNTY OF ! '��)U d'.,Del�'6 The foregoing instrument was executed and acknowledged before me by means of 4'Physical Presence or Online Notarization this l day of November, 202.1 by Robin Pfahning, Personal Representative of The Est te of Jerome E. Pfahning. Personally known. or Produced Identification Type of identification Produced -797., -041,41-54-,-' • Notary Public - � OA; - Print Name: ,+ a-NIn--S4USA My Commission Expires: 11i / a ,,,- +,,,,111,N 1 J,,,, � o 5g070 n7• = !f,'IJJ,JJJJII,o,�' ;Doc.#2349359 Page Number:3 of 3 0411/#°, 4111 • - C .) `0•in '' 'c Individual) Witness Signature 4 c. ¢ vsk. - y1-r-s5"e' ed Name of F• t Wittnnes- la . , 1' .tillif.16, ,,!! . _ Wit -ss Signature _ le .• ' : - L. 1 t or- Printed Name of Second Witne STATE OF RHODE ISLAND COUNTY OF PAOv rOrAfe. �' The foregoing instrument was executed and.,acknowledged before me by means of + . Physical Presence or Online Notarization this /I� day of November,2021 by Robin Pfahning, Individually, v`Personally known ' or Produced.Identification Type.of Identification Produced. .11I1` - Ca Notary Public A� ( � ,,5y C Print Name: 0" f i('I ? Se v-5 4 My Commission Expires:, --7/.. ` i;c,otn ........ ssrd• `tetirod,do : 0-n .s tea. col UJ.s" pO' , '' , ,'o ? e SLis.vF0'4, Doc#2349358 Bk#3138 Pg#1150 Electronically Recorded 11/19/2021 at 4:43 PM Pages 2 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC:S18.50 Deed Doc Stamp$0.70 Prepared by.and return to: Gregory S.Oropeza,Esq. Oropeza,Stones&Cardenas,PLILC 221 Simonton Street Key West,FL 33040 305-294-0252 Parcel ID: 00132380-000000 Consideration: $ [Space Above This Line For Recording Data Quit Claim Deed This Quit Claim Deed mad this /2—day of November, 2021 between Robin Pfahning, grantor, and Monroe County,Florida a Political Subdivision of the State of Florida,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, trusts and trustees) Witnesseth,.that said grantor,for and in consideration of the sum.TEN AND NO/100 DOLLARS($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,does hereby remis,release,and quitclaim to the said grantee, grantee's heirs and assigns forever,all the right,title,interest,claim and demand which grantor has in and to the following described land, situate,lying and being in Monroe County Florida to-wit: On the Island of Stock Island, County of Monroe and State of Florida, and being Lot Four (4)of WATER'S EDGE,a subdivision of Lots Twenty-one(21),Twenty-two.(22),and Twenty-three (23),Block Forty-five(45),according to Plat of GEORGE L.MACDONALD,recorded in Plat Book One (1),Page.55,Monroe County,.Florida Public Records. Said plat of WATER'S EDGE being of record in Plat Book One(1) at Page 184,Monroe County,Florida,Public Records. Together with any and all riparian rights thereunto belonging or appertaining. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to a part of homestead property. SUBJECT TO conditions,restrictions, limitations,easements of record and zoning ordinances. Alternate Key No.: 1166855 Subject to taxes for the year 2021 and subsequent years. Doc.#2349358 Page Number: 2 of 2 The preparer of this instrument was neither furnished with, nor requested to review, an abstract on the described property and,therefore,expresses no opinion as to the condition of title. To Have and to Hold,the same together with all and singular the appurtenances thereto belonging or in anywise appertaining,.and all the estate,right,title, interest,lien,equity and claim whatsoever of grantors, either in law or equity,for the use,benefit and profit of the said grantee forever. In.Witness Whereof,.grantor has hereunto set grantor's hand and seal the day and year first above written. Signed; sealed and delivered in our presence: 4 � Signature of Witness 'o in:Pf. rinted Name of Witness 4110 PP yip Sigi ature of Witness lk Gs Name of Witness tter- Printed STATE OF RHODE ISLAND COUNTY OF PR.6 t' The foregoing instrument was acknowledged before me by means of[ I physical presence or[ ] online notarization.this /0 day of November,2021 by Robin Pfahning who []is personally known or[.]'has produced a.driver's license as identification. [Notary$.6014 E. 'S("f,,�, Notary Public 6. o�,;i tsssoi;. s�; Printed Name: ;IZd G' ��oCd t - ;`��� '� J GBH. � 0% 0 My Commission.Expires: ay o,18sic `*i. ..... ...tog E l �1���.