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HomeMy WebLinkAboutWortman, Mark - Warranty Deed & Closing Documents/Lori Anne Acres Replat -2013 01 17 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 07959 Pgs 1997 - 1999; (3pgs) CLERKS Si 2013018871 Prepared by and return to: RECORDED 02/07/2013 12:46:29 PM Anthony A.Garganese,Esq. DEED DOC TAX 297.50 Brown,Garganese,Weiss&D'Agresta,P.A. RECORDING FEES 27.00 LO P.O.Box 2873 RECORDED BY S Maguire Orlando,FL 32802-2873 WARRANTY DEED THIS WARRANTY DEED made the day of -1171k 4t ,2013,by the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, (hereinafter called the Grantor) whose address is 1126 E. State Road 434, Winter Springs, FL 32708 to MARK WORTMAN,a single man,whose address is 9 Kadish Luz,Haifa,Israel 32159,(hereinafter called the Grantee). WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00, and other valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bargain, sell, alien,remise, release, convey, and confirm unto the Grantee all that certain land situate in Seminole County, Florida,viz: Lot 14,LORI ANNE ACRES REPLAT,as per plat thereof recorded in Plat Book 28, Page 25, Public Records of Seminole County, Florida. TOGETHER with all the tenements,hereditaments,and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the Grantor hereby covenant with said Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2012. IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written. • WITNESSES: CITY OF WINTER SPRINGS, FLORIDA, . • Charles Lacey, Mayo XCtiL■-; ;Sa-c�Tl �� i (print) ATTES • d oeeee•' ' `\' :y: And W.31 -nzo—Luaces, City Clerk (print) (� 1126 i . State Road 434 Winter Springs, FL 32708 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this I% day y o f(.1l\(kA y , 2013,by Charles Lacey,Mayor of the CITY OF WINTER SPRINGS,FLORIDA (check one)Ot&ho is personally known to me or ❑ who produced as identification. Notary Public— State of Florida Print Name: My Commission expires: TANK L AWN 441,11 MY COMMISSION N DD 883383 I EXPIRES:May 15,2014 1. Bonded Thu Nary Public Undsm 2 F . RESOLUTION NO. 2013-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA,REGARDING THE SALE OF 154 LORI ANN LANE; MEMORIALIZING AND RATIFYING ITS PREVIOUS APPROVAL OF THE SALE OF 154 LORI ANN LANE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City is granted the authority, under Section 2(b),Article VIII, of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law;and WHEREAS,in 2004,the City foreclosed on several townhome units in the City of Winter Springs and obtained a deficiency judgment against the mortgagor, Wyman Fields Foundation("Wyman");and WHEREAS,following the foreclosure action,the City levied all property owned by Wyman, including 154 Lori Ann Lane("Property"),in furtherance of satisfying its judgement lien against Wyman,and eventually obtained the Property at a public auction Sheriff's sale;and WHEREAS,on December 10,2012,the City Commission approved the sale of the Property and authorized the City Attorney and City Manager to prepare and execute all documents necessary to facilitate the sale of the Property; and WHEREAS, in order to insure the sale of the Property, the City Commission must approve and record a resolution authorizing the conveyance of the Property,and therefore the City Commission desires to memorialize and ratify its prior authorization to sell the Property as set forth herein;and WHEREAS, the City Commission of the City of Winter Springs, finds that this Resolution is in the best interests of the public health,safety and welfare of the citizens of Winter Springs. NOW,THEREFORE,THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA HEREBY RESOLVES AS FOLLOWS: Section 1. Sale of 154 Lori Ann Lane ("Property"). The City Commission of the City of Winter Springs hereby memorializes and ratifies its prior authorization granted on December 10,2012 to sell the Property at fair market value and for the City Attorney and City Manager to prepare and execute al)documents necessary to facilitate said sale. Section 2. Effective Date. This Resolution shall become effective immediately upon ad9ption by the City Commission of the City of Winter Springs,Florida. ti , RESOLVED by the City Commission of the City of Winter Springs,F ti a reg�s•r beefing 4s6nbled on the 14th day of January, 2013. / / • ' V. .%1 f/ % CHA f' LACi ,_�fo �\ O ATTE"' •• \ • " f. f - maK 1! A ' • 0-LUACES,City Clerk Approved as to legal form and sufficiency for the Cit Winter Springs only: ANTHONY A.GARGANESE,City Attorney City of Winter Springs Resolution No.2013-02 Page 1 of 1 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 07959 Pp 1994 - 1995; (2pgs) Prepared by and return to: CLERK' S # 2013018869 Anthony A.Garganese, Esq. RECORDED 02/07/2013 12:46:29 PM Brown,Garganese, Weiss&D'Agresta,P.A. RECORDING FEES 18.50 P.O.Box 2873 RECORDED BY S Maguire Orlando,FL 32802-2873 SATISFACTION OF MORTGAGE THIS DOCUMENT is signed by the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, ("Mortgagee"), who is the owner and holder of, and has not transferred, assigned, pledged, or otherwise encumbered any interest in, the following described mortgage ("Mortgage"): Mortgage dated May 10, 2000, from WYMAN FIELDS FOUNDATION, INC., ("Mortgagor") to the CITY OF WINTER SPRINGS, FLORIDA, securing that certain promissory note ("Note"), which Mortgage is recorded May 18, 2000, in Official Records Book 3852, Page 1837; as amended by First Amendment to Mortgage and Security Agreement dated November 13, 2000, and recorded December 7, 2000, in Official Records Book 3968, Page 578; as amended by Second Amendment recorded June 5, 2002, in Official Record Book 4852, Page 158, all of the Public Records of Seminole County, Florida, encumbering certain property situate in Seminole County, Florida, as more particularly described in the Mortgage and amendments ("Property"); AND THAT Mortgagee hereby releases the Property from the lien of the Mortgage, and directs the Clerk of the Circuit Court in and for Seminole County to cancel the same of record. IN WITNESS WHEREOF, the Mortgagee has executed these presents this• day of tw∎w-N- 2013. [signature to follow] + R ,.. t‘41,1 4ld • f . WITNESSES: CITY OF WINTER SPRINGS, J DA /e43b ' By: Kevin Smith;C y ga ger (print) Vim• w ATTES ' _ / /�... *1 B ': , e -�'nzo-Luaces, City Clerk ,e/'M',y 5-7-0/p fart (print) 1126 E. State Road 434 Winter Springs, FL 32708 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 1 day of 4„ctr`9, 2013, by Kevin L. Smith, City Manager of the CITY OF WIN I ER SPRINGS, FLORIDA (bheck one) rOwho is personally known to me or ❑ who produced as identificatio . ���►�tist�ir��jp _ _ `` •'¢,511NA M. ��, `'°f'. y Pub�,' — St to of lo0.da G� s �as;64, ,99' Print Nam:: r, ' U-ae '-[d to ©`�� 5 2a�N: e My Commission expires: :, e #DC9424E9 c° 1:1;%.* pEstSC! STATE.° 2 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 07959 Pg 1996; (lpg) Prepared by and return to: CLERK'S # 2013018870 Anthony A.Garganese,Esq. RECORDED 02/07/2013 12:46:29 PM Brown,Garganese,Weiss&D'Agresta,P.A. RECORDING FEES 10.00 C,,i P.O.Box 2873 RECORDED BY S Maguire Orlando,FL 32802-2873 AFFIDAVIT STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority authorized to take oaths and administer acknowledgments, personally appeared KEVIN L. SMITH, the City Manager of the CITY OF WINTER SPRINGS, a Florida municipal corporation, ("Affiant"), who was duly sworn under penalties of perjury, deposes and states as follows: 1. Affiant represents that the CITY OF WINTER SPRINGS("Owner")is currently the fee simple owner of the property described below, and he has personal knowledge of the matters noted herein. 2. Affiant is not aware of any homeowners association nor has the City ever paid dues to any association while owing the property described as follows: Lot 14,LORI ANNE ACRES REPLAT,as per plat thereof recorded in Plat Book 28, Page 25, Public Records of Seminole County, Florida. FURTHER AFFIANT SAYETH NAUGHT. CITY OF WINTER SPRINGS, FLORIDA By: Kevi . Smith, i Manager SWORN TO and subscribed before me this fi day of J uary,2013,by Kevin L.Smith, City Manager of the City of Winter Springs,Florida, (check one) ho is personally known to me or ❑ who produced a Florida driver's license as identifi;ation. cr...z c ' 1;3 /t iii 7ry" , Flora ° 5 A. •_ ° Print Name . tr ', 40)942,169 ir O• BROWN, GARGANESE, WEISS&D'AGRESTA, P.A. 111 N. Orange Ave., Suite 2000 Orlando, FL 32801 CLOSING STATEMENT AND DISBURSEMENT SHEET BUYER MARK WORTMAN SELLER CITY OF WINTER SPRINGS, FLORIDA PROPERTY DESCRIPTION Lot 14, LORI ANNE ACRES REPLAT,as per plat thereof recorded in Plat Book 28, Page 25, Public Records of Seminole County, Florida. CLOSING DATE February 1, 2013 CONTRACT AS IS RESIDENTIAL CONTRACT OR SALE AND PURCHASE DATED December 11, 2012 PURCHASE PRICE: CREDIT SELLER CREDIT BUYER Purchase Price $42,500.00 Deposit-paid to Exit Real Estate Results $1,000.00 Cash at Closing $41,500.00 Adjusted Total $42,500.00 $42,500.00 EXPENSES: CHARGE SELLER CHARGE BUYER Recording Deed& City Resolution $27.00 Documentary Stamps on Deed $297.50 Recording Satisfaction of City Mortgage $18.50 Recording Affidavit of City as to HOA $10.00 Title Search $75.00 Owner's Title Insurance Premium $244.38 2013 Property Taxes - exempt $0.00 Broker Commission to Exit Real Estate $2,000.00 Results Wire Fees to Title Agent $20.00 $20.00 TOTAL $2,665.38 $47.00 RECAPITULATION Seller Buyer Cash at Closing $41,500.00 Cash at Closing $41,500.00 Plus: Deposit $1,000.00 Plus: Expenses $47.00 Less: Expenses $2,665.38 TOTAL CASH DUE TOTAL CASH DUE TO SELLER: $39,834.62 FROM BUYER: $41,547.00 Page 2 of 4 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET; INSTRUCTIONS TO CLOSING AGENT Seller and Buyer hereby acknowledge that they have read and approved the foregoing Closing Statement and Disbursement Sheet and Recapitulation,agree that said documents accurately reflect the substance of the financial aspects of the transaction contemplated by the Contract, and each hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth. In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid, the parties understand and agree that in the event that the actual expense is less than the estimate,the party which paid the same will be refunded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate,the party which paid the same shall be required to pay the actual expense over and above the estimate. REAL PROPERTY TAX NOTICE: It is understood between the parties hereto that the exact amount of real property taxes applicable to the subject property for the current year is unknown and there is no proration because the property is exempt from taxes. Should actual taxes for the current year be substantially different,each party shall have the right to demand and receive from the other a reproration of taxes. Each party consents to such reproration and agrees to look to the other party should a reproration become necessary, and to save and hold harmless as to such reproration the closing attorney. APPROVED BY BUYER: Marrt Date: 74o\I.v,or , 2013 Page 3 of 4 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET; INSTRUCTIONS TO CLOSING AGENT Seller and Buyer hereby acknowledge that they have read and approved the foregoing Closing Statement and Disbursement Sheet and Recapitulation,agree that said documents accurately reflect the substance of the financial aspects of the transaction contemplated by the Contract, and each hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth. In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as aforesaid, the parties understand and agree that in the event that the actual expense is less than the estimate,the party which paid the same will be refunded the difference between the estimate and the actual expense and agree that if the actual expense is more than the estimate, the party which paid the same shall be required to pay the actual expense over and above the estimate. REAL PROPERTY TAX NOTICE: It is understood between the parties hereto that the exact amount of real property taxes applicable to the subject property for the current year is unknown and there is no proration because the property is exempt from taxes. Should actual taxes for the current year be substantially different,each party shall have the right to demand and receive from the other a reproration of taxes. Each party consents to such reproration and agrees to look to the other party should a reproration become necessary, and to save and hold harmless as to such reproration the closing attorney. APPROVED BY SELLER: CITY OF WINTER SPRINGS, FLORIDA By: Key' L. Smit , rty Manager Date: ///,6 , 2013 Page 4 of 4 BILL OF SALE Know All Men by These Presents,that the CITY OF WINTER SPRINGS,FLORIDA, a Florida municipal corporation (the "Seller"),for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars lawful money of the United States and other valuable consideration, to it paid by the MARK WORTMAN(the"Buyer"),the receipt whereof is hereby acknowledged,has granted, bargained, sold,transferred and delivered, and by these presents does grant, bargain, sell,transfer and deliver unto the Buyer, their successors, and assigns, the following goods and chattels: ALL EQUIPMENT AND FIXTURES LOCATED IN OR ON THE REAL PROPERTY LOCATED AT 154 LORI ANNE LANE, WINTER SPRINGS, FLORIDA, INCLUDING, BUT NOT LIMITED TO, ALL AIR CONDITIONING AND HEATING EQUIPMENT,PLUMBING FIXTURES, AND REFRIGERATOR. The property is being sold and purchased "AS IS" WITH NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller makes no representation of any type,either express or implied,as to the physical condition or history of the Property. To Have and to Hold the same unto the Buyer, and its successors and assigns forever. AND Seller does covenant to and with the Buyer,and its successors,and assigns,that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid,and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the Buyer, and its successors, and assigns against the lawful claims and demands of all persons whomsoever. In Witness Whereof, Seller has executed this Bill of Sale,with all required authority, this / ' day of aw-go-d 7 , 2013. Signed, Sealed and Delivered in the Presence of Witnesses: CITY OF WINTER SPRINGS, FLORIDA lb I' _ ` By: S : a Kevi . Smith ity Manager 4.L. Print-: _, 11 41111■0•411111k Sign re h s'70/Cn semi Printed S gnature STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this I 62 day of fi ,2013,by KEVIN L. SMITH,City Manager of the CITY OF WINTER SPRINGS, FLORIDA,a Fl rida municipal corporation,(check one)who is personally known to me or o who produced as ide- i ica' on. �• //,`otary Pub is .',% ..... • p Print Name: r( n4 . f%a 0 a 15 `'20j My Commission expires: w •� - � 2-- (S- :� #DD942469 1, % ton isi Slier• A 6I 0), J%`, 2 AFFIDAVIT OF NO LIENS (Seller) STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority authorized to take oaths and administer acknowledgments, personally appeared KEVIN L. SMITH, the City Manager of the CITY OF WINTER SPRINGS, a Florida municipal corporation, ("Affiant"), who was duly sworn under penalties of perjury, deposes and states as follows: 1. Affiant represents that the CITY OF WINTER SPRINGS ("Owner") is currently the fee simple owner of the property described in the Commitment for Title Insurance attached hereto as Exhibit"A"and incorporated by reference,and he has personal knowledge of the matters noted herein. 2. Affiant is not aware of any defects, liens,encumbrances, or other adverse matters affecting title, other than those disclosed in the attached Commitment. 3. That no persons or entities other than Owner are entitled to the right of possession or are in possession of the land, and that Owner's right to title and possession of the land are not in dispute or question, and there are no tenancies, leases, or other occupancies that affect the property. 4. There are no disputes concerning the location of the boundary lines of the property and there are no easements or claims of easements not shown by the public records. 5. There are no outstanding or unpaid taxes, assessments, fees, or obligations of any nature, owed to any governmental authority at this time (pending or certified) or any unpaid or unsatisfied mortgages,claims of lien or other matters that constitute or could constitute a lien or encumbrance against the property or any improvements on it or any part of it or against any personal property located on it other than real property ad valorem taxes for the current year. 6. That there are no actions,proceedings,judgments, liens or executions against said Owner in any court remaining unpaid which affect the property;that there are no suits pending against said Owner in any court. 7. Owner is not part of any bankruptcy proceeding under the U.S. Code, or insolvency under any state statutes, and is not currently in bankruptcy or the subject of a state insolvency statute. 8. That no work has been done or materials furnished to the land for the past ninety(90)days which could give rise to construction liens being imposed under the provisions of Florida Statutes Chapter 713, Part I. 9. Owner has not and will not execute any instrument or do any act whatsoever which could or might in any way affect the title to the foregoing property to the detriment of Mark Wortman,who is purchasing the property from Owner. 10. That said Affiant recognizes that some of the purposes of this affidavit are to induce Mark Wortman to purchase said property. 11. Affiant is aware that OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY and BROWN,GARGANESE,WEISS&D'AGRESTA,P.A.,are relying upon this Affidavit to issue a title insurance policy in accordance with the aforesaid Commitment. Affiant does hereby indemnify and hold harmless OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY and BROWN,GARGANESE,WEISS&D'AGRESTA,P.A.,against any loss or damage,including reasonable attorneys' fees and costs,through all appellate proceedings, caused as a result of any material false statements contained in this Affidavit. 12. This Affidavit is given for the purpose of clearing any possible questions or objections to the title to the above referenced property, and for the purpose of inducing OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY and BROWN, GARGANESE, WEISS & D'AGRESTA,P.A.,to issue title insurance on the subject property,with the knowledge that said title company is relying upon the statements set forth herein. 13. Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiant has read, or heard read,the full facts of this Affidavit and understand its context. Affiant has caused this Affidavit to be executed this / , ay of January, 2013. CITY OF WINTER SPRINGS, FLORIDA By: Key' L. Smith, ity Manager SWORN TO and subscribed before me this day of January,2013,by Kevin L.Smith, City Manager of the City of Winter Springs,Florida,(check one)\ho is personally kno to me or ❑ who produced a Florida driver's license as ident. is-tion 1/./ ir- „•%% s°IdNA M.0'1 4,p�,,,� . ary Publ'a/State�f Florida t:�uo�c SS�2 � 1,1 Print Name: �1 ni 1..�.A.�o-rr . 'DDj2nFgQ. �i 6Z/C.STA 0/►►►►I I IIN<Os 2 t FILE NO. 12113730 7 * it Commitment for Title Insurance (with Florida Modifications) Issued By Old Republic National Title Insurance Company Old Republic National Title Insurance Company,a Minnesota corporation("Company"),for a valuable consideration,commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest in the Land described or referred to in Schedule A,upon payment of the premiums and charges and compliance with the Requirements;all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six(6)months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company. The company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by an authorized office of the Company or an agent of the Company. IN WITNESS WHEREOF,Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY BROWN GARGANESE WEISS& A Stock Company D'AGRESTA PA 400& oid Moue South,Adiampatit Wawa e$Ota5SO1 111 N.ORAN E AVENUE#2000 i6121.771-1 T1 T ORLAND it F► 328022873 Phone: '4-- -9566 ,� By ( 0,44.40114SAily, f'1es1nt Authorized Signature Attest tj. srerery EXHIBIT ART Form ALTA Commitment for Title Insurance 06/06 fff/"Ji- FILE NO. 12113730 CONDITIONS 1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge.If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability - previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or (c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title.Any action or actions or rights of action that the proposed Insured may have or may bring against the Company whether or not based on negligence arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued will contain the following arbitration clause:Unless prohibited by applicable law,arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of the controversy or claim.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,and service of the Company in connection with its issuance or the breach of a policy provision or other obligation.Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or,at the option of the Insured,the Rules in effect at Date of Policy shall be binding upon the parties.The award may include attorneys'fees only if the laws of the state in which the Land is 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. 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 4308FL ALTA Commitment for Title Insurance 06/06 * Old Republic National Title Insurance Company 2300 Maitland Center Parkway#140 Maitland,Florida 32751 SCHEDULE A FILE NO.: 12113730 MR Agent File# 1193 County: Seminole 1. Effective Date: December 12,2012 at 8:00 A.M. 2. Policies to be Issued: Proposed Amount of Insurance: (a) ALTA 2006 OWNER'S POLICY Amount: $42,500.00 (with Florida Modifications) Proposed Insured: Premium: $ Mark Wortman (b) ALTA 2006 LOAN POLICY Amount: N/A (with Florida Modifications) Proposed Insured: Premium: $ N/A 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: City of Winter Springs 5. The land referred to in this Commitment is described as follows: Lot 14,LORI ANNE ACRES REPLAT,as per plat thereof recorded in Plat Book 28,Page 25,Public Records of Seminole County,Florida. ALTA COMMITMENT Page 1 FILE NO.: 12113730 SCHEDULE B-SECTION I REQUIREMENTS Requirements: 1. Payment of the full consideration to,or for the account,of,the grantors or mortgagors. 2. Instrument(s)necessary to create the estate or interest to be insured must be properly executed,delivered and duly filed for record: a) Warranty Deed from City of Winter Springs,a Florida municipal corporation to the proposed insured. Note:Deed must be signed in the name of the City of Winter Springs by a person authorized by the City's charter,in the presence of two subscribing witnesses.The Deed also should be attested by the city clerk, sealed with the municipal seal,and made upon a proper resolution by the municipality's governing body authorizing a sale of the property.A Certificate from the City Attorneys'Office evidencing the proper adoption of the resolution should be attached to the Deed and recorded with it. 3. Other instruments which must be properly executed,delivered and duly filed for record,and/or other matters which must be furnished to the company: a) Satisfaction of the mortgage from Wyman Fields Foundation,Inc.to The City of Winter Springs, Florida,a Florida municipal corporation recorded May 18,2000 in OR Book 3852,Page 1837,First Amendment to Mortgage and Security Agreement recorded in OR Book 3968,Page 578 and Second Amendment to Mortgage and Security Agreement adding the property described in Schedule A herein to the lien of said mortgage. b) Submit proof that all municipal charges and assessments and all municipal service charges for water, sewer and waste collection,if any,are paid. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Seminole County, unless otherwise noted. SCHEDULE B SECTION II IS CONTINUED ON AN ADDED PAGE ALTA COMMITMENT Page 2 7 FILE NO.: 12113730 SCHEDULE B-SECTION II Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 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 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. 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 on the Land of existing improvements located on adjoining land. 3. Rights or claims of parties in possession. 4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of record. 5. Easements or claims of easements not shown by the public records. 6. General or special taxes and assessments required to be paid in the year 2013 and subsequent years. 7. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged,filled or artificially exposed lands and lands accreted to such lands. 8. State road right reservations(s), if any. 9. Oil,gas and mineral right reservations, if any. 10. Any lien provided by County Ordinance or by Ch. 159,F.S.,in favor of any city,town,village or port authority,for unpaid service charges for services by any water systems,sewer systems or gas systems serving the land described herein;and any lien for waste fees in favor of any county or municipality. 11. Any loss or damage arising from assessments resulting from the provisions contained in Florida Statute Section 720.3085,notwithstanding assurance to the contrary in any ALTA PUD Endorsement Form 5.1 or Florida Form 9 Endorsement which may be attached to this commitment/policy. 12. All matters contained on the Plat of LORI ANNE ACRES REPLAT,as recorded in Plat Book 28,Page 25. 13. Land Use Restriction Agreement recorded in OR Book 3834,Page 1468. 14. Covenants,conditions and restrictions recorded in OR Book 1461,Page 546. 15. Articles of Incorporation recorded in OR Book 1495,Page 494. 16. Cross Access Easement Agreement in OR Book 1450,Page 615. 17. Any unrecorded leases and/or lease agreements. Note: Taxes for the year 2012 show NO TAXES DUE. Tax ID Number 34-20-30-522-0000-0140. Note: The following is for informational purposes only and will not appear in the policy to be issued:The following deed(s)affecting the land described in Schedule A hereof cover a minimum twenty-four month period prior to the effective date of this commitment: OR Book 6164,Page 1306 ALTA COMMITMENT Page 3 CERTIFICATE OF NON-FOREIGN STATUS STATE OF FLORIDA COUNTY OF SEMINOLE Section 1445 of the Internal Revenue Code provides that a TRANSFEREE of a U.S. real property interest must withhold tax if the TRANSFEROR is a foreign person. To inform the TRANSFEREE that withholding of tax is not required upon the disposition of a U.S. real property interest by the CITY OF WINTER SPRINGS, FLORIDA, (hereinafter referred to as "TRANSFEROR"), the undersigned hereby certifies the following as TRANSFEROR: 1. TRANSFEROR is not a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate(as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. TRANSFEROR'S Federal Tax Identification number is: 59/D?.6,36 y 3. TRANSFEROR'S address is: 1126 E. State Road 434, Winter Springs, FL 32708. TRANSFEROR understands that this certification may be disclosed to the Internal Revenue Service by TRANSFEREE and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury,we declare that we have examined this certification and to the best of our knowledge and belief it is true, correct, and complete, and we further declare that we have authority to sign this document as TRANSFEROR. CITY OF WINTER SP' FLORIDA By: Kevi . Smith, i Manager SWORN TO AND SUBSCRIBED before me this day of 'jphta.atc201 ,by Kevin L. Smith, City Manager of the CIT OF WINTER SP'4 GS,FLORIDA, (check on vho are personallyv kn wn to me or D who oduced/ as identification. `r`isttUtuaeittl��,�s/ / e`er r�'a .:(34; s:5;0° �.;7�'�� 'ITtary 'bli• tate o Florida w-�, `*SEC fa 2 : fi= Print Name: i ` ���',,„,`/6":STATE OFD' BUYER MARK WORTMAN SELLER • CITY OF WINTER SPRINGS, FLORIDA PROPERTY DESCRIPTION • Lot 14, Lori Anne Acres Replat, PB 28, Page 25, Seminole County, Florida CLOSING DATE : �, 2013 FURTHER ASSURANCES AGREEMENT For and in consideration of the Closing Agent disbursing proceeds of this Sale,and in order to insure the accuracy of settlement statements,deeds,mortgages and other documents of closing in this transaction, the undersigned do mutually agree to cooperate,adjust,initial,re-execute and re-deliver any and all closing documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention of the undersigned that all documentation for this transaction and all payments or disbursements made shall be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses contemplated by their agreement and/or dictated by custom and usage in this area. The undersigned do hereby agree and covenant to assure that this transaction and its documentation will conform to the parties'agreement and it is understood that Closing Agent will rely upon this agreement and the covenants herein in closing this transaction. Further,for services performed pursuant to this Agreement,SELLER and BUYER each agree to the fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees, officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable attorneys' fees through any and all administrative,trial,post judgment and appellate proceedings),directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the failure of either party to meet its obligation under this agreement. In the event additional documents are required to be executed or revised to complete the terms and conditions of the closing,Buyer and Seller agree to cooperate with each other and Brown,Garganese,Weiss &D'Agresta,P.A. SELLER: CITY OF WINTER SPRINGS,F RIDA iL401 By: Kevin . Smith, C. Manager AIF (print, y 11..4 •1-fov4it (print) BUYER • MARK WORTMAN SELLER • CITY OF WINTER SPRINGS, FLORIDA PROPERTY DESCRIPTION • Lot 14, Lori Anne Acres Replat, PB 28, Page 25, Seminole County,Florida CLOSING DATE : J 2013 FURTHER ASSURANCES AGREEMENT For and in consideration of the Closing Agent disbursing proceeds of this Sale,and in order to insure the accuracy of settlement statements,deeds,mortgages and other documents of closing in this transaction, the undersigned do mutually agree to cooperate,adjust,initial,re-execute and re-deliver any and all closing documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention of the undersigned that all documentation for this transaction and all payments or disbursements made shall be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses contemplated by their agreement and/or dictated by custom and usage in this area. The undersigned do hereby agree and covenant to assure that this transaction and its documentation will conform to the parties'agreement and it is understood that Closing Agent will rely upon this agreement and the covenants herein in closing this transaction. Further,for services performed pursuant to this Agreement,SELLER and BUYER each agree to the fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees, officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable attorneys'fees through any and all administrative,trial,post judgment and appellate proceedings),directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the failure of either party to meet its obligation under this agreement. In the event additional documents are required to be executed or revised to complete the terms and conditions of the closing,Buyer and Seller agree to cooperate with each other and Brown,Garganese,Weiss &D'Agresta,P.A. WITNESSES: BUYER: /� n L pp „STAutSLAV ASrl /Roy/ MarkWo (print) Swet&---4.4.4.0447 (Peg N .rte44AAEz As re. ifs/ b6 int)