Loading...
Certificate of Insurance 1 a , 0, CHICAGO TITLE, INSURANCE , Policy No.: 137572-1-24-99-2024.7251209-231777440 ALTA OWNER'S POLICY OF TITLE INSURANCE Issued by CHICAGO TITLE INSURANCE COMPANY This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy or any endorsement to this policy is issued electronically or lacks any signature. 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 Condition 17. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE boundary line overlap, or encroachment EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE (including an encroachment of an improvement B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE across the boundary lines of the Land), but COMPANY, a Florida corporation, (the "Company") insures only if the encumbrance, violation, variation, as of the Date of Policy and, to the extent stated in Covered adverse circumstance, boundary line overlap, Risks 9 and 10, after the Date of Policy, against loss or or encroachment would have been disclosed by damage, not exceeding the Amount of Insurance, sustained an accurate and complete land title survey of or incurred by the Insured by reason of: the Land. - 1. The Title being vested other than as stated in 3. Unmarketable Title. 4. No right of access to and from the Land. Schedule A. 5. A violation or enforcement of a law, ordinance, 2. Any defect in or lien or encumbrance on the Title. permit, or governmental regulation (including those Covered Risk 2 includes, but is not limited to, relating to building and zoning) but only to the insurance against loss from: extent of the violation or enforcement described by (a) a defect in the Title caused by: the enforcing governmental authority in an i. forgery, fraud, undue influence, Enforcement Notice that identifies a restriction, duress, incompetency, incapacity, or regulation, or prohibition relating to: impersonation; (a) the occupancy, use, or enjoyment of the Land; ii. the failure of a person or Entity to (b) the character, dimensions, or location of an have authorized a transfer or conveyance; improvement on the Land; iii. a document affecting the Title not (c) the subdivision of the Land; or properly authorized, created, executed, (d) environmental remediation or protection on the witnessed, sealed, acknowledged, Land. notarized (including by remote online 6. An enforcement of a governmental forfeiture, notarization), or delivered; police, regulatory, or national security iv. a failure to perform those acts p � power, but necessary to create a document by only to the extent of the enforcement described by electronic means authorized by law; the enforcing governmental authority in an Enforcement Notice. v. a document executed under a falsified, 7. An exercise of the power of eminent domain, but expired, or otherwise invalid power of only to the extent: attorney; (a) of the exercise described in an Enforcement vi. a document not properly filed, recorded, or indexed in the Public Notice; or Records including the failure to have (b) the taking occurred and is binding on a performed those acts by electronic purchaser for value without Knowledge. 8. An enforcement of a PACA-PSA Trust, but only to means authorized by law; the extent of the enforcement described in an vii. a defective judicial or administrative Enforcement Notice. proceeding; or 9. The Title being vested other than as stated in viii. the repudiation of an electronic Schedule A, the Title being defective, or the effect signature by a person that executed a of a court order providing an alternative remedy: document because the electronic (a) resulting from the avoidance, in whole or in signature on the document was not part, of any transfer of all or any part of the valid under applicable electronic Title to the Land or any interest in the Land transactions law. occurring prior to the transaction vesting the (b) the lien of real estate taxes or assessments Title because that prior transfer constituted a: imposed on the Title by a governmental i. fraudulent conveyance, fraudulent transfer, authority due or payable, but unpaid. or preferential transfer under federal (c) the effect on the, Title of an encumbrance, bankruptcy, state insolvency, or similar violation, variation, adverse circumstance, state or federal creditors'rights law; or 7251209 ALTA Owner's Policy 07/01/21 w-FL Mod_512 Copyright 2021 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to lH !' ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from 4.,l rttt�� the American Land Title Association. Page 1 ii. voidable transfer under the Uniform ii. of the recording of the instrument vesting Voidable Transactions Act; or the Title in the Public Records to impart (b) because the instrument vesting the Title notice of its existence to a purchaser for constitutes a preferential transfer under federal value or to a judgment or lien creditor. bankruptcy, state insolvency, or similar state or 10. Any defect in or lien or encumbrance on the Title or federal creditors'rights law by reason of the other matter included in Covered Risks 1 through 9 failure: that has been created or attached or has been filed i. to timely record the instrument vesting the or recorded in the Public Records subsequent to the Title in the Public Records after execution Date of Policy and prior to the recording of the and delivery of the instrument to the deed or other instrument vesting the Title in the Insured; or Public Records. DEFENSE OF COVERED CLAIMS 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 CHICAGO TITLE INSURANCE COMPANY Countersigned: r, B • Y Authorized Officer or Agent By: Oropeza, Stones &Cardenas, PLLC 221 Simonton St Key West, FL 33040-6653 Michael J.Nolan Te1:305-294-0252 President Fax:305-292-5442 • ,r74, 41.zet 7eeisizeaeiL„ Attest: Marjorie Nemzura Secretary EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of (d) attaching or created subsequent to the Date of this policy, and the Company will not pay loss or damage, Policy (Exclusion 3.d. does not modify or limit the costs, attorneys'fees, or expenses that arise by reason of: coverage provided under Covered Risk 9 or 10); or 1. (a) any law, ordinance, permit, or governmental (e) resulting in loss or damage that would not have regulation (including those relating to building and been sustained if consideration sufficient to qualify zoning) that restricts, regulates, prohibits, or the Insured named in Schedule A as a bona fide relates to: purchaser had been given for the Title at the Date i the occupancy, use, or enjoyment of the Land; of Policy. ii the character, dimensions or location of any 4. Any claim, by reason of the operation of federal improvement on the Land; bankruptcy, state insolvency, or similar creditors' rights iii the subdivision of land; or law, that the transaction vesting the Title as shown in iv environmental remediation or protection; Schedule A, is a: (b) any governmental forfeiture, police, regulatory, or (a) fraudulent conveyance or fraudulent transfer; national security power. (b) voidable transfer under the Uniform Voidable (c) the effect of a violation or enforcement of any Transactions Act; or matter excluded under Exclusion 1.a. or 1.b. (c) preferential transfer: Exclusion 1 does not modify or limit the coverage i. to the extent the instrument of transfer provided under Covered Risk 5 or 6. vesting the Title as shown in Schedule A is 2. Any power of eminent domain. Exclusion 2 does not not a transfer made as a contemporaneous modify or limit the coverage provided under Covered exchange for new value; or Risk 7. ii. for any other reason not stated in Covered 3. Any defect, lien, encumbrance, adverse claim, or other Risk 9.b. matter: 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not (a) created, suffered, assumed, or agreed to by the modify or limit the coverage provided under Covered Insured Claimant; Risk 8. (b) not Known to the Company, not recorded in the 6. Any lien on the Title for real estate taxes or Public Records at the Date of Policy, but Known to assessments imposed or collected by a governmental the Insured Claimant and not disclosed in writing to authority that becomes due and payable after the Date the Company by the Insured Claimant prior to the of Policy. Exclusion 6 does not modify or limit the date the Insured Claimant became an Insured coverage provided under Covered Risk 2.b. under this policy; 7. Any discrepancy in the quantity of the area, square (c) resulting in no loss or damage to the Insured footage, or acreage of the Land or of any improvement Claimant; to the Land. 7251209 ALTA Owner's Policy 07/01/21 w-FL Mod_512 Copyright 2021 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. qP IA P1oa Page 2 0 CONDITIONS 1. DEFINITION OF TERMS purposes by an Insured; In this policy, the following terms have the meanings given (3).a spouse who receives the Title to them below. Any defined term includes both the singular because of a dissolution of and the plural, as the context requires: marriage; (a) "Affiliate": An Entity: (4).a transferee by a transfer i. that is wholly owned by the Insured; effective on the death of an ii. that wholly owns the Insured; or Insured as authorized by law; iii. if that Entity and the Insured are both wholly or owned by the same person or entity. (5).another Insured named in Item 1 (b) "Amount of Insurance": The Amount of Insurance of Schedule A. stated in Schedule A, as may be increased by ii. The Company reserves all rights and Condition 8.d. or decreased by Condition 10 or defenses as to any successor or grantee 11; or increased or decreased by endorsements that the Company would have had against to this policy. any predecessor Insured. (c) "Date of Policy": The Date of Policy stated in (h) "Insured Claimant": An Insured claiming loss or Schedule A. damage arising under this policy. (d) "Discriminatory Covenant": Any covenant, (i) "Knowledge" or "Known": Actual knowledge or condition, restriction, or limitation that is actual notice, but not constructive notice unenforceable under applicable law because it imparted by the Public Records. illegally discriminates against a class of (j) "Land": The land described in Item 4 of Schedule individuals based on personal characteristics such A and improvements located on that land at the as race, color, religion, sex, sexual orientation, Date of Policy that by State law constitute real gender identity, familial status, disability, national property. The term "Land" does not include any origin, or other legally protected class. property beyond that described in Schedule A, (e) "Enforcement Notice": A document recorded in nor any right, title, interest, estate, or easement the Public Records that describes any part of the in any abutting street, road, avenue, alley, lane, Land and: right-of-way, body of water, or waterway, but i. is issued by a governmental agency that does not modify or limit the extent that a right of identifies a violation or enforcement of a law, access to and from the Land is insured by this ordinance, permit, or governmental policy. regulation; (k) "Mortgage": A mortgage, deed of trust, trust ii. is issued by a holder of the power of eminent deed, security deed, or other real property domain or a governmental agency that security instrument, including one evidenced by identifies the exercise of a governmental electronic means authorized by law. power; or (I) "PACA-PSA Trust": A trust under the federal iii. asserts a right to enforce a PACA-PSA Trust. Perishable Agricultural Commodities Act or the (f) "Entity": A corporation, partnership, trust, limited federal Packers and Stockyards Act or a similar liability company, or other entity authorized by State or federal law. law to own title to real property in the State (m) "Public Records": The recording or filing system where the Land is located. established under State statutes in effect at the (g) "Insured": Date of Policy under which a document must be i. a. The Insured named in Item 1 of recorded or filed to impart constructive notice of Schedule A; matters relating to the Title to a purchaser for b. the successor to the Title of an value without Knowledge. The term "Public Insured by operation of law as Records" does not include any other recording or distinguished from purchase, filing system, including any pertaining to including heirs, devisees, survivors, environmental remediation or protection, personal representatives, or next of planning, permitting, zoning, licensing, building, kin; health, public safety, or national security matters. c. the successor to the Title of an (n) "State": The state or commonwealth of the United Insured resulting from dissolution, States within whose exterior boundaries the Land merger, consolidation, distribution, is located. The term "State" also includes the or reorganization; District of Columbia, the Commonwealth of Puerto d. the successor to the Title of an Rico, the U.S. Virgin Islands, and Guam. Insured resulting from its conversion (o) "Title": The estate or interest in the Land to another kind of Entity; or identified in Item 2 of Schedule A. e. the grantee of an Insured under a (p) "Unmarketable Title": The Title affected by an deed or other instrument transferring alleged or apparent matter that would permit a the Title, if the grantee is: prospective purchaser or lessee of the Title or a (1).an Affiliate; lender on the Title to be released from the (2).a trustee or beneficiary of a trust obligation to purchase, lease, or lend if there is a created by a written instrument contractual condition requiring the delivery of established for estate planning marketable title. 7251209 ALTA Owner's Policy 07/01/21 w-FL Mod_512 Copyright 2021 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 ;tip the American Land Title Association. Page 3 2. CONTINUATION OF COVERAGE prosecute or provide for the defense of any action or This policy continues as of the Date of Policy in favor of an proceeding and any appeals, the Insured will secure to the Insured, so long as the Insured: Company the right to prosecute or provide defense in the (a) retains an estate or interest in the Land; action or proceeding, including the right to use, at its (b) owns an obligation secured by a purchase money option, the name of the Insured for this purpose. Mortgage given by a purchaser from the Insured; or When requested by the Company, the Insured, at the (c) has liability for warranties given by the Insured in any Company's expense, must give the Company all reasonable transfer or conveyance of the Insured's Title. aid in: Except as provided in Condition 2, this policy terminates i. securing evidence, obtaining witnesses, prosecuting or and ceases to have any further force or effect after the defending the action or proceeding, or effecting Insured conveys the Title. This policy does not continue in settlement; and force or effect in favor of any person or entity that is not ii.any other lawful act that in the opinion of the the Insured and acquires the Title or an obligation secured Company may be necessary or desirable to establish by a purchase money Mortgage given to the Insured. the Title or any other matter, as insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED If the Company is prejudiced by any failure of the Insured CLAIMANT to furnish the required cooperation, the Company's liability The Insured must notify the Company promptly in writing if and obligations to the Insured under this policy terminate, the Insured has Knowledge of: including any obligation to defend, prosecute, or continue (a) any litigation or other matter for which the Company any litigation, regarding the matter requiring such may be liable under this policy; or cooperation. •(b) any rejection of the Title as Unmarketable Title. (b) The Company may reasonably require the Insured If the Company is prejudiced by the failure of the Claimant to submit to examination under oath by any Insured Claimant to provide prompt notice, the authorized representative of the Company and to produce Company's liability to the Insured Claimant under this for examination, inspection, and copying, at such policy is reduced to the extent of the prejudice. reasonable times and places as may be designated by the 4. PROOF OF LOSS authorized representative of the Company, all records, in The Company may, at its option, require as a condition of whatever medium maintained, including books, ledgers, payment that the Insured Claimant furnish a signed proof checks, memoranda, correspondence, reports, e-mails, of loss. The proof of loss must describe the defect, lien, disks, tapes, and videos, whether bearing a date before or encumbrance, adverse claim, or other matter insured after the Date of Policy, that reasonably pertain to the loss against by this policy that constitutes the basis of loss or or damage. Further, if requested by any authorized damage and must state, to the extent possible, the basis of representative of the Company, the Insured Claimant must calculating the amount of the loss or damage. grant its permission, in writing, for any authorized 5. DEFENSE AND PROSECUTION OF ACTIONS representative of the Company to examine, inspect, and (a) Upon written request by the Insured, and subject to copy all the records in the custody or control of a third the options contained in Condition 7, the Company, at its party that reasonably pertain to the loss or damage. No own cost and without unreasonable delay, will provide for information designated in writing as confidential by the the defense of an Insured in litigation in which any third Insured Claimant provided to the Company pursuant to party asserts a claim covered by this policy adverse to the Condition 6 will be later disclosed to others unless, in the Insured. This obligation is limited to only those stated reasonable judgment of the Company, disclosure is causes of action alleging matters insured against by this necessary in the administration of the claim or required by policy. The Company has the right to select counsel of its law. Any failure of the Insured Claimant to submit for choice (subject to the right of the Insured to object for examination under oath, produce any reasonably requested reasonable cause) to represent the Insured as to those information, or grant permission to secure reasonably covered causes of action. The Company is not liable for and necessary information from third parties as required in will not pay the fees of any other counsel. The Company Condition 6.b., unless prohibited by law, terminates any will not pay any fees, costs, or expenses incurred by the liability of the Company under this policy as to that claim. Insured in the defense of any cause of action that alleges 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; matters not insured against by this policy. TERMINATION OF LIABILITY (b) The Company has the right, in addition to the options In case of a claim under this policy, the Company has the contained in Condition 7, at its own cost, to institute and following additional options: prosecute any action or proceeding or to do any other act (a) To Pay or Tender Payment of the Amount of that in its opinion may be necessary or desirable to Insurance. establish the Title, as insured, or to prevent or reduce loss To pay or tender payment of the Amount of Insurance or damage to the Insured. The Company may take any under this policy. In addition, the Company will pay any appropriate action under the terms of this policy, whether costs, attorneys' fees, and expenses incurred by the or not it is liable to the Insured. The Company's exercise of Insured Claimant that were authorized by the Company up these rights is not an admission of liability or waiver of any to the time of payment or tender of payment and that the provision of this policy. If the Company exercises its rights Company is obligated to pay. under Condition 5.b., it must do so diligently. Upon the exercise by the Company of this option provided (c) When the Company brings an action or asserts a for in Condition 7.a., the Company's liability and defense as required or permitted by this policy, the obligations to the Insured under this policy terminate, Company may pursue the litigation to a final determination including any obligation to defend, prosecute, or continue by a court having jurisdiction. The Company reserves the any litigation. right, in its sole discretion, to appeal any adverse judgment (b) To Pay or Otherwise Settle with Parties other than the or order. Insured or with the Insured Claimant 6. DUTY OF INSURED CLAIMANT TO COOPERATE i. To pay or otherwise settle with parties other than (a) When this policy permits or requires the Company to the Insured for or in the name of the Insured 7251209 ALTA Owner's Policy 07/01/21 w-FL Mod_512 Copyright 2021 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 "'e!! the American Land Title Association. "tr..-sk, Page 4 Claimant. In addition, the Company will pay any 9. LIMITATION OF LIABILITY costs, attorneys' fees, and expenses incurred by (a) The Company fully performs its obligations and is not the Insured Claimant that were authorized by the liable for any loss or damage caused to the Insured if Company up to the time of payment and that the the Company accomplishes any of the following in a Company is obligated to pay; or reasonable manner: ii. To pay or otherwise settle with the Insured i. removes the alleged defect, lien, Claimant the loss or damage provided for under encumbrance, adverse claim, or other this policy. In addition, the Company will pay any matter; costs, attorneys' fees, and expenses incurred by ii. cures the lack of a right of access to and from the Insured Claimant that were authorized by the the Land; or Company up to the time of payment and that the iii. cures the claim of Unmarketable Title, Company is obligated to pay. all as insured. The Company may do so by Upon the exercise by the Company of either option any method, including litigation and the provided for in Condition 7.b., the Company's liability and completion of any appeals. obligations to the Insured under this policy for the claimed (b) The Company is not liable for loss or damage arising loss or damage terminate, including any obligation to out of any litigation, including litigation by the defend, prosecute, or continue any litigation. Company or with the Company's consent, until a 8. CONTRACT OF INDEMNITY; DETERMINATION AND State or federal court having jurisdiction makes a EXTENT OF LIABILITY final, non-appealable determination adverse to the This policy is a contract of indemnity against actual Title. monetary loss or damage sustained or incurred by an (c) The Company is not liable for loss or damage to the Insured Claimant who has suffered loss or damage by Insured for liability voluntarily assumed by the reason of matters insured against by this policy. This policy Insured in settling any claim or suit without the prior is not an abstract of the Title, report of the condition of the written consent of the Company. Title, legal opinion, opinion of the Title, or other (d) The Company is not liable for the content of the representation of the status of the Title. All claims asserted Transaction Identification Data, if any. under this policy are based in contract and are restricted to 10. REDUCTION OR TERMINATION OF INSURANCE the terms and provisions of this policy. The Company is not All payments under this policy, except payments made for liable for any claim alleging negligence or negligent costs, attorneys' fees, and expenses, reduce the Amount misrepresentation arising from or in connection with this of Insurance by the amount of the payment. policy or the determination of the insurability of the Title. 11. LIABILITY NONCUMULATIVE (a) The extent of liability of the Company for loss or The Amount of Insurance will be reduced by any amount damage under this policy does not exceed the lesser the Company pays under any policy insuring a Mortgage of: to which exception is taken in Schedule B or to which the i. the Amount of Insurance; or Insured has agreed, assumed, or taken subject, or which ii. the difference between the fair market value of is executed by an Insured after the Date of Policy and the Title, as insured, and the fair market value of which is a charge or lien on the Title, and the amount so the Title subject to the matter insured against by paid will be deemed a payment to the Insured under this this policy. policy. (b) Except as provided in Condition 8.c. or 8.d., the fair 12. PAYMENT OF LOSS market value of the Title in Condition 8.a.ii. is When liability and the extent of loss or damage are calculated using the date the Insured discovers the determined in accordance with the Conditions, the defect, lien, encumbrance, adverse claim, or other Company will pay the loss or damage within 30 days. matter insured against by this policy. 13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS (c) If, at the Date of Policy, the Title to all of the Land is UPON SETTLEMENT AND PAYMENT void by reason of a matter insured against by this (a) If the Company settles and pays a claim under this policy, then the Insured Claimant may, by written policy, it is subrogated and entitled to the rights and notice given to the Company, elect to use the Date of remedies of the Insured Claimant in the Title and all Policy as the date for calculating the fair market value other rights and remedies in respect to the claim that of the Title in Condition 8.a.ii. the Insured Claimant has against any person, entity, (d) If the Company pursues its rights under Condition or property to the fullest extent permitted by law, but 5.b. and is unsuccessful in establishing the Title, as limited to the amount of any loss, costs, attorneys' insured: fees, and expenses paid by the Company. If i. the Amount of Insurance will be increased by requested by the Company, the Insured Claimant 15%; and must execute documents to transfer these rights and ii. the Insured Claimant may, by written notice given remedies to the Company. The Insured Claimant to the Company, elect, as an alternative to the permits the Company to sue, compromise, or settle in dates set forth in Condition 8.b. or, if it applies, the name of the Insured Claimant and to use the 8.c., to use either the date the settlement, action, name of the Insured Claimant in any transaction or proceeding, or other act described in Condition litigation involving these rights and remedies. 5.b. is concluded or the date the notice of claim (b) If a payment on account of a claim does not fully required by Condition 3 is received by the cover the loss of the Insured Claimant, the Company Company as the date for calculating the fair defers the exercise of its subrogation right until after market value of the Title in Condition 8.a.ii. the Insured Claimant fully recovers its loss. (e) In addition to the extent of liability for loss or damage (c) The Company's subrogation right includes the under Conditions 8.a. and 8.d., the Company will also Insured's rights to indemnity, guaranty, warranty, pay the costs, attorneys' fees, and expenses incurred insurance policy, or bond, despite any provision in in accordance with Conditions 5 and 7. those instruments that addresses recovery or 7251209 ALTA Owner's Policy 07/01/21 w-FL Mod_512 Copyright 2021 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 ,yye the American Land Title Association. Page 5 subrogation rights. (b) Choice of Forum 14. POLICY ENTIRE CONTRACT Any litigation or other proceeding brought by the (a) This policy together with all endorsements, if any, Insured against the Company must be filed only in a issued by the Company is the entire policy and State or federal court having jurisdiction. contract between the Insured and the Company. In 17. NOTICES interpreting any provision of this policy, this policy will Any notice of claim and any other notice or statement in be construed as a whole. This policy and any writing required to be given to the Company under this endorsement to this policy may be evidenced by policy must be given to the Company at CHICAGO TITLE electronic means authorized by law. INSURANCE COMPANY, Attn: Claims Department, P.O. (b) Any amendment of this policy must be by a written Box 45023, Jacksonville, FL 32232-5023. endorsement issued by the Company. To the extent 18. ARBITRATION any term or provision of an endorsement is (a) All claims and disputes arising out of or relating to inconsistent with any term or provision of this policy, this policy, including any service or other matter in the term or provision of the endorsement controls. connection with issuing this policy, any breach of a Unless the endorsement expressly states, it does not: policy provision, or any other claim or dispute arising i. modify any prior endorsement, out of or relating to the transaction giving rise to this ii. extend the Date of Policy, policy, may be submitted to binding arbitration only iii. insure against loss or damage exceeding the when agreed to by both the Company and the Amount of Insurance, or Insured. Arbitration must be conducted pursuant to iv. increase the Amount of Insurance. the Title Insurance Arbitration Rules of the American 15. SEVERABILITY Land Title Association ("ALTA Rules"). The ALTA Rules In the event any provision of this policy, in whole or in are available online at www.alta.org/arbitration. The part, is held invalid or unenforceable under applicable law, ALTA Rules incorporate, as appropriate to a particular this policy will be deemed not to include that provision or dispute, the Consumer Arbitration Rules and the part held to be invalid, but all other provisions will Commercial Arbitration Rules of the American remain in full force and effect. Arbitration Association ("AAA Rules"). The AAA Rules 16.CHOICE OF LAW AND CHOICE OF FORUM are available online at www.adr.org. (a) Choice of Law (b) If there is a final judicial determination that a request The Company has underwritten the risks covered by for particular relief cannot be arbitrated in accordance this policy and determined the premium charged in with this Condition 18, then only that request for reliance upon the State law affecting interests in real particular relief may be brought in court. All other property and the State law applicable to the requests for relief remain subject to this Condition 18. interpretation, rights, remedies, or enforcement of (c) Fees will be allocated in accordance with the policies of title insurance of the State where the Land applicable AAA Rules. The results of arbitration will be is located. binding upon the parties. The arbitrator may consider, The State law of the State where the Land is located, but is not bound by, rulings in prior arbitrations or to the extent it controls, federal law, will determine involving different parties. The arbitrator is bound by the validity of claims against the Title and the rulings in prior arbitrations involving the same parties interpretation and enforcement of the terms of this to the extent required by law. The arbitrator must policy, without regard to conflicts of law principles to issue a written decision sufficient to explain the determine the applicable law. findings and conclusions on which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction. 7251209 ALTA Owner's Policy 07/01/21 w-FL Mod_512 Copyright 2021 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 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective January 1, 2023 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. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information(e.g.,name, address,phone number, email address); • demographic information(e.g., date of birth, gender,marital status); • identity information(e.g. Social Security Number, driver's license,passport, or other government ID number); • financial account information(e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates,or others; and • information we receive from consumer reporting agencies and/or governmental entities,either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application(each an"FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol(IP)address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website., Effective January 1,2023 Copyright©2023.Fidelity National Financial,Inc.All Rights Reserved. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to"Do Not Track"features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our,our affiliates', and others' products and services,jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud,material misrepresentation, or nondisclosure; • to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to affiliated or nonaffiliated third parties with whom we perform joint marketing,pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights,property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF,you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. Effective January 1,2023 Copyright©2023.Fidelity National Financial,Inc.All Rights Reserved. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.comlpages/californiaprivacy.aspx) or call (888)413-1748. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada's telephone solicitation law,you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas,NV 89101; Phone number: (702)486-3132; email: aginquiries@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information,financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents: For additional information about your Virginia privacy rights, please email privacy@fnf.com or call (888) 714-2710. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information,you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. 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 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 Effective January 1,2023 Copyright©2023.Fidelity National Financial,Inc.All Rights Reserved. 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 or would like to correct your Personal Information, visit FNF's Privacy Inquiry Website or contact us by phone at(888) 714-2710, by email at privacy@fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville,Florida 32204 Attn: Chief Privacy Officer Effective January 1,2023 Copyright©2023.Fidelity National Financial,Inc.All Rights Reserved. 0 Chicago Title Insurance Company Transaction Identification Data,for which the Company assumes no liability as set forth in Condition 9.d.: Issuing Agent: Oropeza, Stones&Cardenas, PLLC Issuing Office: 221 Simonton St. Key West, FL 33040 Issuing Office's ALTA°Registry ID: Issuing Office File Number: TSR-36 Order No: 11482191 Property Address: 6 Coral Drive Key Largo, FL 33037 SCHEDULE A Name and Address of Title Insurance Company: Chicago Title Insurance Company Attn: Claims Department P. O. Box 45023, Jacksonville, FL 32232-5023 Policy Number: 7251209-231777440 Amount of Insurance: $120,000.00 Date of Policy: February 28, 2024 at 10:30 AM 1. The Insured is: Monroe County, a political subdivision of the State of Florida 2. The estate or interest in the Land insured by this policy is: Fee Simple 3. The Title is vested in: Monroe County, a political subdivision of the State of Florida 4. The Land is described as follows in Exhibit"A"attached hereto and made part hereof. 51209 ALTA Owner's Policy of Title Insurance(7-1-21)w-FL Mod Copyright 2021 American Land Title Association.All rights reserved. VA II 11,5i !rim,vrIt 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. Order No.: 11482191 0 Chicago.Title hisuraøcc.:. ornpany. TSR-36 EXHIBIT"A" Policy Number: 7251209-231777440 Lot 4, in Block 1, of KEY LARGO BEACH, according to the map or plat thereof, as recorded in Plat Book 2, Page 149, of the Public Records of Monroe County, Florida. 51209 ALTA Owner's Policy of Title Insurance(7-1-21)w-FL Mod Copyright 2021 American Land Title Association.All rights reserved. immin ai4u,_1►:ryq 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. • 0 chicago Title Insuraflce Order No.: 11482191 TSR-36 SCHEDULE B Policy Number: 7251209-231777440 EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: 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 form. 2. Taxes and assessments for the year 2024 and subsequent years,which are not yet due and payable. 3. Standard Exceptions: A. 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. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land. 5. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 6. NOTE: Exception 1 above shall be deemed deleted as of the time the settlement funds or proceeds of the loan to be secured by the insured mortgage, as applicable, are disbursed by the Company or its authorized agent. Neither the Company nor its agent shall, however, be under any duty to disburse any sum except upon a determination that no such adverse intervening matters have appeared of record or occurred. 7. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of KEY LARGO BEACH, recorded in Plat Book 2, Page 149, of the Public Records of Monroe County, Florida. 8. Indenture and Declaration of Restrictions, Conditions, Limitations, Covenants, Easements and Reservations, as recorded in Deed Book G-55, at Page 330, together with and as affected by Declaration recorded in Deed Book G-61, Page 247, and Amendments recorded in Official Records Book 350, Page 549, and Official Records Book 452, Page 372. 9. Grant of Conservation Easement Agreement, as recorded in Official Records Book 1469, Page 438. 51209 ALTA Owner's Policy of Title Insurance(7-1-21)w-FL Mod Copyright 2021 American Land Title Association.All rights reserved. wW:'ar;rX dv+cefi Pf9 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. Order No.: 11482191 Chicago Title InsuranceCønipanyTSR-36 SCHEDULE B Policy Number: 7251209-231777440 10. State Law under Chapter 76-190, now codified under Chapter 380, Florida Statutes; Chapter 27F-8 and Rule 28-29.001 et seq., of the Florida Administrative Code for Land Planning for the Florida Keys Area of Critical State Concern, as originally recorded at Official Records Book 668, Page 43. 11. 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. 12. 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. 13. The provisions of Florida Statutes Section 380.0552, "The Florida Keys Protection Act", establishing a land use management system that protects and conserves the natural environment and community character of the Florida Keys. 14. Subject to County Ordinance No. 026-2022, which among other matters, pertains to and provides for amendments to the Monroe County Land Development Code; repeals, reenacts and updates Chapter 122, Floodplain Management, and contains provisions requiring inspections of property occupied by an elevated residential structure meeting certain criteria, prior to the transfer of ownership thereof, and which establishes penalties for non-compliance. 15. Rights of tenants occupying all or part of the insured land under unrecorded leases or rental agreements. 16. NOTE:All recording references in this form shall refer to the public records of Monroe County, Florida, unless otherwise noted. 17. NOTE:Any map, sketch, drawing or photograph furnished by The Company in connection with this product is provided as a courtesy for reference and informational purposes only. The Company assumes no liability for, and makes no representation against, any inaccuracy. The map, sketch, drawing or photograph may not be used in lieu of a satisfactory survey, in conformity with the minimum technical standards for land surveys. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints by contacting Chicago Title Insurance Company, Telephone 1-800-669-7450. 51209 ALTA Owner's Policy of Title Insurance(7-1-21)w-FL Mod Copyright 2021 American Land Title Association.All rights reserved. mom Vid)a�huj:.iirfn!e 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.