HomeMy WebLinkAboutTitle Insurance Policy OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
Policy Number OXFL-08209734 File Number: 513-001(11.4.5)
* * ** Issued by Old Republic National Title Insurance Company
* Any notice of claim and any other notice or statement in writing required to be given to the
* * Company under this Policy must be given to the Company at the address shown in Section 18
* * of the Conditions.
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COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE CONDITIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota 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,
1 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.
In Witness Whereof OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,has caused this policy to be signed and sealed as of Date of Policy
shown in Schedule A,the policy to become valid when countersigned by an authorized signatory of the Company.
Policy Issuer:
Countersigned: BROWN,GARGANESE,WEISS&D'AGRESTA,P.A.
111 N ORANGE AVENUE,#2000 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ORLANDO,FL 32802-2873 A Stack Company
PHONE:407-425-9566
400 Second Avenue South,Minneapolis,Minnesota 55401
(512)371-1111
By i President
Aut iz er or lic d Agent
ORT Form 4309 FL �( c�Fyn
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications) Attest �� — Secretary
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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
I 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
j (i)to be timely,or
(ii)to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
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1 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 tiled or recorded in the Public Records subsequent to Date of Policy arid prior to the recording of the deed or other instrument of transfer in the
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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.
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1 EXCLUSIONS FROM COVERAGE
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The following matters are expressly excluded from the coverage of (b)not Known to the Company,not recorded in the Public
this policy,and the Company will not pay loss or damage,costs,
Records at Date of Policy,but Known to the Insured Claimant
€ attorneys'fees,or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
1 1. (a)Any law,ordinance,permit,or governmental regulation Insured under this policy;
(including those relating to building and zoning)restricting, (c)resulting in no loss or damage to the Insured Claimant;
regulating,prohibiting,or relating to (d)attaching or created subsequent to Date of Policy;or
(e)resulting in loss or damage that would not have been
(i)the occupancy,use,or enjoyment of the Land; sustained if the Insured Claimant had paid value for the Title.
(ii)the character,dimensions,or location of any
improvement erected on the Land; 4.Any claim,by reason of the operation of federal bankruptcy,state
(iii)the subdivision of land;or insolvency,or similar creditors'rights laws,that the transaction
r (iv)environmental protection; vesting the Title as shown in Schedule A,is
or the effect of any violation of these laws, (a)a fraudulent conveyance or fraudulent transfer;or
ordinances,or governmental regulations. This (b)a preferential transfer for any reason riot stated in Covered
Exclusion 1(a)does not modify or limit the Risk 9 of this policy.
j coverage provided under Covered Risk 5.
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(b)Any governmental police power. This Exclusion 1(b)does 5.Any lien on the Title for real estate taxes or assessments imposed
not modify or limit the coverage provided under Covered Risk 6. by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
2.Rights of eminent domain.This Exclusion does not modify or limit of transfer in the Public Records that vests Title as shown in
the coverage provided under Covered Risk 7 or 8. Schedule A.
3.Defects,liens,encumbrances,adverse claims,or other matters
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(a)created,suffered,assumed,or agreed to by the Insured
Claimant;
. ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications)
Page 2
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1 CONDITIONS
1.DEFINITION OF TERMS purchase,lease,or lend if there is a contractual condition requiring
j The following terms when used in this policy mean: the delivery of marketable title.
(a)"Amount of Insurance": The amount stated in Schedule A,as may
be increased or decreased by endorsement to this policy, increased 2. CONTINUATION OF INSURANCE
4 by Section 8(b),or decreased by Sections 10 and 11 of these Conditions. The coverage of this policy shall continue in force as of Date of
(b)"Date of Policy": The date designated as"Date of Policy" in Policy in favor of an Insured,but only so long as the Insured retains
Schedule A. an estate or interest in the Land,or holds an obligation secured by
(c)"Entity": A corporation,partnership,trust,limited liability a purchase money Mortgage given by a purchaser from the Insured,
" company,or other similar legal entity. or only so long as the Insured shall have liability by reason of
j warranties in any transfer or conveyance of the Title. This policy
(d)"Insured": The Insured named in Schedule A. shall not continue in force in favor of any purchaser from the
(i)The term"Insured"also includes Insured of either(i)an estate or interest in the Land,or(ii)an
F (A)successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given to the
1 distinguished from purchase,including heirs,devisees,survivors, Insured.
personal representatives,or next of kin;
(B)successors to an Insured by dissolution,merger,consolidation, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
A distribution,or reorganization; The Insured shall notify the Company promptly in writing(i)in case
1 (C)successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5(a)of these Conditions,(ii)
I Entity; in case Knowledge shall come to an Insured hereunder of any claim
(D)a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title,as insured,and that
( payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable
(1)if the stock,shares,memberships,or other equity by virtue of this policy,or(iii)if the Title,as insured,is rejected as
interests of the grantee are wholly owned by the Unmarketable Title. If the Company is prejudiced by the failure of
named Insured, the Insured Claimant to provide prompt notice,the Company's
(2)if the grantee wholly owns the named Insured, liability to the Insured Claimant under the policy shall be reduced
(3)if the grantee is wholly-owned by an affiliated to the extent of the prejudice.
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Entity of the named Insured,provided the affiliated 4. PROOF OF LOSS
I Entity and the named Insured are both wholly-owned
In the event the Company is unable to determine the amount of
I by the same person or Entity,or loss or damage,the Company may,at its option,require as a condition
(4)if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of loss.
1, created by a written instrument established by the The proof of loss must describe the defect,lien,encumbrance,or
Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the
1 purposes. basis of loss or damage and shall state,to the extent possible,the
1 (ii)With regard to(A),(B),(C),and(D)reserving,however,all rights basis of calculating the amount of the loss or damage.
z and defenses as to any successor that the Company would have had
against any predecessor Insured. 5. DEFENSE AND PROSECUTION OF ACTIONS
(e)"Insured Claimant": An Insured claiming loss or damage. (a)Upon written request by the Insured,and subject to the options
(f)"Knowledge"or"Known": Actual knowledge,not constructive contained in Section 7 of these Conditions,the Company,at its
knowledge or notice that may be imputed to an Insured by reason of own cost and without unreasonable delay,shall provide for the
the Public Records or any other records that impart constructive defense of an Insured in litigation in which any third party asserts
notice of matters affecting the Title. a claim covered by this policy adverse to the Insured.This obligation
j (g)"Land": The land described in Schedule A,and affixed improvements is limited to only those stated causes of action alleging matters
insured against by this policy. The Company shall have the right to
that by law constitute real property. The term"Land"does not
select counsel of its choice(subject to the right of the Insured to
include any property beyond the lines of the area described in object for reasonable cause)to represent the Insured as to those
I Schedule A,nor any right,title,interest,estate,or easement in stated causes of action. It shall not be liable for and will not pay
abutting streets,roads,avenues,alleys,lanes,ways,or waterways, the fees of any other counsel. The Company will not pay any fees,
but this does not modify or limit the extent that a right of access to costs,or expenses incurred by the Insured in the defense of those
and from the Land is insured by this policy. causes of action that allege matters not insured against by this policy.
(h)"Mortgage": Mortgage,deed of trust,trust deed,or other security (b)The Company shall have the right,in addition to the options
instrument,including one evidenced by electronic means authorized contained in Section 7 of these Conditions,at its own cost,to
1 by law. institute and prosecute any action or proceeding or to do any
1 (i)"Public Records": Records established under state statutes at other act that in its opinion may be necessary or desirable to
Date of Policy for the purpose of imparting constructive notice of establish the Title,as insured,or to prevent or reduce loss or
matters relating to real property to purchasers for value and without damage to the Insured. The Company may take any appropriate
Knowledge. With respect to Covered Risk 5(d), "Public Records" 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
( shall also include environmental protection liens filed in the records admission of liability or waiver of any provision of this policy.
of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection,it must
the Land is located. do so diligently.
(j)"Title": The estate or interest described in Schedule A. (c)Whenever the Company brings an action or asserts a defense
(k)"Unmarketable Title":Title affected by an alleged or apparent as required or permitted by this policy,the Company may pursue
matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court of competent
Title or lender on the Title to be released from the obligation to jurisdiction,and it expressly reserves the right,in its sole
ORT Form 4309 FL discretion,to appeal any adverse judgment or order.
ALTA Owners Policy of Title Insurance 6.17-06(with Florida Modifications) Page 3
CONDITIONS(con't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE
policy.In addition,the Company will pay any costs,attorneys'fees,
(a)In all cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that were authorized
to prosecute or provide for the defense of any action or proceeding by the Company up to the time of payment and that the Company is
and any appeals,the Insured shall secure to the Company the right obligated to pay;or
to so prosecute or provide defense in the action or proceeding, (ii)to pay or otherwise settle with the Insured Claimant the loss or
including the right to use,at its option,the name of the Insured for damage provided for under this policy,together with any costs,
this purpose. Whenever requested by the Company,the Insured, attorneys'fees,and expenses incurred by the Insured Claimant that
1. at the Company's expense,shall give the Company all reasonable were authorized by the Company up to the time of payment and that
aid(i)in securing evidence,obtaining witnesses,prosecuting or the Company is obligated to pay.
defending the action or proceeding,or effecting settlement,and
(ii)in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either of the options provided
be necessary or desirable to establish the Title or any other matter for in subsections(b)(i)or(ii),the Company's obligations to the
as insured. If the Company is prejudiced by the failure of the Insured under this policy for the claimed loss or damage,other than
Insured to furnish the required cooperation,the Company's obligations the payments required to be made,shall terminate,including any
to the Insured under the policy shall terminate,including any liability or obligation to defend,prosecute,or continue any
liability or obligation to defend,prosecute,or continue any litigation, litigation.
with regard to the matter or matters requiring such cooperation.
(b)The Company may reasonably require the Insured Claimant to 8.DETERMINATION AND EXTENT OF LIABILITY
submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary loss or
of the Company and to produce for examination,inspection,and damage sustained or incurred by the Insured Claimant who has suffered
copying,at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy.
by the authorized representative of the Company,all records,in (a)The extent of liability of the Company for loss or damage under
whatever medium maintained,including books,ledgers,checks, this policy shall not exceed the lesser of
memoranda,correspondence,reports,e-mails,disks,tapes,and (i)the Amount of Insurance;or
videos whether bearing a date before or after Date of Policy,that
reasonably pertain to the loss or damage. Further,if requested by (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.
any authorized representative of the Company,the Insured Claimant (b)If the Company pursues its rights under Section 5 of these
ti shall grant its permission,in writing,for any authorized representative Conditions and is unsuccessful in establishing the Title,as insured,
of the Company to examine,inspect,and copy all of these records o
(i)the Amount of Insurance shall be increased by 10%,and
f in the custody or control of a third party that reasonably pertain to (ii)the Insured Claimant shall have the right to have the loss or
1 the loss or damage. All information designated as confidential by damage determined either as of the date the claim was made by
the Insured Claimant provided to the Company pursuant to this the Insured Claimant or as of the date it is settled and paid.
Section shall not be disclosed to others unless,in the reasonable (c)In addition to the extent of liability under(a)and(b),the Company
( judgment of the Company,it is necessary in the administration of
the claim. Failure of the Insured Claimant to submit for examination will also pay those costs,attorneys'fees,and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
f under oath,produce any reasonably requested information,or
I grant permission to secure reasonably necessary information from 9.LIMITATION OF LIABILITY
third parties as required in this subsection,unless prohibited by (a)If the Company establishes the Title,or removes the alleged
1 law or governmental regulation,shall terminate any liability of the
defect,lien,or encumbrance,or cures the lack of a right of access
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Company under this policy as to that claim. to or from the Land,or cures the claim of Unmarketable Title,all as
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I 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; insured,in a reasonably diligent manner by any method,including
TERMINATION OF LIABILITY litigation and the completion of any appeals,it shall have fully
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In case of a claim under this policy,the Company shall have the performed its obligations with respect to that matter and shall not
3 be liable for any loss or damage caused to the Insured.
3 following additional options: (b)In the event of any litigation, including litigation by the Company
(a)To Pay or Tender Payment of the Amount of Insurance. or with the Company's consent,the Company shall have no liability
To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination by a
policy together with any costs,attorneys'fees,and expenses court of competent jurisdiction,and disposition of all appeals,
incurred by the Insured Claimant that were authorized by the
adverse to the Title,as insured.
Company up to the time of payment or tender of payment and that
the Company is obligated to pay. (c)The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
Upon the exercise by the Company of this option,all liability and any claim or suit without the prior written consent of the Company.
obligations of the Company to the Insured under this policy,other
than to make the payment required in this subsection,shall terminate, 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION
including any liability or obligation to defend,prosecute,or contin- OF LIABILITY
ue any litigation. All payments under this policy,except payments made for costs,
(b)To Pay or Otherwise Settle With Parties Other Than the Insured attorneys'fees,and expenses,shall reduce the Amount of Insurance
x or With the Insured Claimant. by the amount of the payment.
(i)to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications) Page 4
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CONDITIONS(con't)
11.LIABILITY NONCUMULATIVE 15.LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE
The Amount of Insurance shall be reduced by any amount the Company CONTRACT
pays under any policy insuring a Mortgage to which exception is taken (a)This policy together with all endorsements,if any,attached to it
in Schedule B or to which the Insured has agreed,assumed,or taken by the Company is the entire policy and contract between the
subject,or which is executed by an Insured after Date of Policy and Insured and the Company. In interpreting any provision of this
which is a charge or lien on the Title,and the amount so paid shall be policy,this policy shall be construed as a whole.
deemed a payment to the Insured under this policy. (b)Any claim of loss or damage that arises out of the status of the
12.PAYMENT OF LOSS Title or by any action asserting such claim whether or not based on
negligence shall be restricted to this policy.
When liability and the extent of loss or damage have been definitely (c)Any amendment of or endorsement to this policy must be in
fixed in accordance with these Conditions,the payment shall be made writing and authenticated by an authorized person,or expressly
within 30 days.
incorporated by Schedule A of this policy.
I (d)Each endorsement to this policy issued at any time is made a
r 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT part of this policy and is subject to all of its terms and provisions.
(a)Whenever the Company shall have settled and paid a claim Except as the endorsement expressly states,it does not(i)modify
under this policy,it shall be subrogated and entitled to the rights of any of the terms and provisions of the policy,(ii)modify any prior
the Insured Claimant in the Title and all other rights and remedies endorsement,(iii)extend the Date of Policy,or(iv)increase the
in respect to the claim that the Insured Claimant has against any Amount of Insurance.
person or property,to the extent of the amount of any loss,costs,
.1 attorneys'fees,and expenses paid by the Company. If requested 16.SEVERABILITY
by the Company,the Insured Claimant shall execute documents to In the event any provision of this policy,in whole or in part,is held
evidence the transfer to the Company of these rights and remedies. invalid or unenforceable under applicable law,the policy shall be
The Insured Claimant shall permit the Company to sue,compromise, deemed not to include that provision or such part held to be invalid,but
for settle in the name of the Insured Claimant and to use the name all other provisions shall remain in full force and effect.
I of the Insured Claimant in any transaction or litigation involving
these rights and remedies.
17.CHOICE OF LAW;FORUM
If a payment on account of a claim does not fully cover the loss of (a)Choice of Law: The Insured acknowledges the Company has
the Insured Claimant,the Company shall defer the exercise of its underwritten the risks covered by this policy and determined the
t right to recover until after the Insured Claimant shall have recovered premium charged therefor in reliance upon the law affecting interests
its loss. in real property and applicable to the interpretation,rights,remedies,
ii (b)The Company's right of subrogation includes the rights of the or enforcement of policies of title insurance of the jurisdiction
Insured to indemnities,guaranties,other policies of insurance,or where the Land is located.
bonds,notwithstanding any terms or conditions contained in those Therefore,the court or an arbitrator shall apply the law of the
instruments that address subrogation rights. jurisdiction where the Land is located to determine the validity of
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14.ARBITRATION claims against the Title that are adverse to the Insured and to
t interpret and enforce the terms of this policy. In neither case shall
Unless prohibited by applicable law,arbitration pursuant tothe Title the court or arbitrator apply its conflicts of law principles to deter-
Insurance Arbitration Rules of the American Arbitration Association mine the applicable law.
may be demanded if agreed to by both the Company and the Insured at (b)Choice of Forum: Any litigation or other proceeding brought by
jthe time of a controversy or claim.Arbitrable matters may include,but the Insured against the Company must be filed only in a state or
I are not limited to,any controversy or claim between the Company and federal court within the United States of America or its territories
the Insured arising out of or relating to this policy,and service of the having appropriate jurisdiction.
j Company in connection with its issuance or the breach of a policy
provision or other obligation.Arbitration pursuant to this policy and 18.NOTICES,WHERE SENT
under the Rules in effect on the date the demand for arbitration is Any notice of claim and any other notice or statement in writing
j made or,at the option of the Insured,the Rules in effect at Date of required to be given to the Company under this policy must be given to
Policy shall be binding upon the parties.The award may include the Company at 400 Second Avenue South, Minneapolis,
attorneys'fees only if the laws of the state in which the Land is Minnesota 55401-2499,Phone:612-371-1111.
I located permit a court to award attorneys'fees to a prevailing party.
( Judgment upon the award rendered by the Arbitrator(s)may be
entered in any court having jurisdiction thereof.
1 The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications)
Page 5
(
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{
{
* SCHEDULE A
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OWNER'S POLICY
SCHEDULE A
AGENT FILE NUMBER: (513-001)2011.4.5 POLICY NUMBER: OXFL-08209734
ORT FILE NUMBER: 11023007
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Address Reference: 190 Jackson Avenue, Cape Canaveral, FL 32920
Amount of Insurance: $244,030.00
Date of Policy: October 21,2013 at 2:18 p.m.
1. Name of Insured: CITY OF CAPE CANAVERAL, a Florida municipal corporation
2. The estate or interest in the Land that is insured by this policy is fee simple
3. Title is vested in CITY OF CAPE CANAVERAL, a Florida municipal corporation
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4. The land referred to in this Policy is described as follows:
Lots 7, 8, 15 and 16, Block 25, Avon By The Sea, a subdivision according to the
plat thereof recorded at Plat Book 3, Page 7, in the Public Records of Brevard
County, Florida.
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s ORT Form 4309 FL A
Schedule A for ALTA Owners Policy of Title Insurance 6-17-06
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SCHEDULE B
, AGENT FILE NUMBER: (513-001) 2911.4.5 POLICY NUMBER: OXFL-08209734
ORT FILE NUMBER: 11023007
j 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
1 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 on the Land of existing improvements located on adjoining
land.
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2. Easements or claims of easements not shown by the public records.
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3. General or special taxes and assessments required to be paid in the year 2013 and subsequent
years.
4. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
1 lands insured hereunder, including submerged, filled and artificially exposed lands and lands
accreted to such lands.
5. State road right reservations, if any.
6. Oil, gas and mineral right reservations, if any.
7. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port
authority for unpaid service charge for service by any water, sewer or gas system supplying the
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insured land.
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8. All matters contained on the Plat of Avon By The Sea, as recorded in Plat Book 3, Page 7,Public
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Records of Brevard County, Florida.
9. Reservations and conditions as set forth in Special Warranty Deed recorded in O.R.Book 489, Page 143,
together with Release of Reverter recorded in O.R.Book 5568, Page 8207, Public Records of Brevard County,
Florida.
10. Reservations and conditions as set forth in Special Warranty Deed recorded in O.R. Book 6993, Page 2470,
Public Records of Brevard County, Florida.
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1 ORT Form 4309 FL B
Schedule B for ALTA Owners Policy of Title Insurance 6-17-06