HomeMy WebLinkAboutOwners Policy of Title Insurance OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
* PolicyNumber OXFL-08113532 File Number: 315-079
* * * 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.
* *
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FAOM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE CONDITIONS,OLD AEPUBLIC 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 tlelivered;
�iv)failure to perform those acts necessary to create a document by electronic means authorized by law;
(v)a document executed under a falsified,expiretl,or otherwise invalid power of attorney;
(vi)a document not properly filed,recordetl,or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law;or
(viiJ a defective judicial or administrative proceetling.
(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 tlisclosed by an accurate
and complete land survey of the Land. The term"encroachmenY' 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 antl zoning)restricting,
regulating,prohibiting,or relating to
�a)the occupancy,use,or enjoyment of the Land;
(b� the character,dimensions,or location of any improvement erected on the Land;
(c)the subdivision of land;or
(d�environmental protection
if a notice,describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
In Witness Whereof,OLD REPUBLIC NATIONAL TITLE INSUAANCE 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 8 D'AGRESTA, P.A.
111 N ORANGE AVENUE,#2000 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ORLANDO,FL 32802-2873 A Stock Company
PHONE:407-425-9566
400 Second Avenue South,Minneapolis,Minnesota 55401
(612)371-1111
By �//w'G�i�� , President
Authorized Officer or Licensed Agent
ORT Form 4309 FL
ALTA Owners Pohcy of Title Insurance 6-17-06(with Florida Modifications) Attest ��—�C�-� � Secreiary
P /
6.An enforcement action based on the exercise of a governmental police power not coveretl by Covered Aisk 5 if a notice of the enforcement
action,describing any part of the Lantl,is recorded in the Public Aecords,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 Aecords.
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 tlefective
(a)as a result of the avoitlance in whole or in part,or from a court order provitling an alternative remedy,of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a frautlulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or
(b)because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(i)to be timely,or
(ii)to impart notice of its existence to a purchaser for value or to a jutlgment or lien cretlitor.
10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
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. (a)Any law,ordinance,permit,or governmenta)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 cretlitors'rights laws,that the transaction
(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 not stated in Covered
Exclusion 1(a)does not modify or limit the Risk 9 of this policy.
coverage provided under Covered Aisk 5.
�b)Any governmental police power. This Exclusion 1(b)does 5.Any lien on the Title for real estate taxes or assessments imposetl
not modify or limit the coverage providetl untler 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.Aights 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
(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
! �
CONDITIUNS
1.DEFINITION OF TERMS purchase,lease,or lend if there is a contractual condition requiring
The foilawing terms when used in this policy mean: the delivery of marketable title.
1al"Amount of insurance": The amaunt stated in Schedule A,as may 2 CONTINUATION OF INSURANCE
be increased or decreased by endorsement ta this policy,increased
by Section 8{b},or decreased by Sections 10 and 11 of these Gonditians. The coverage of this policy shall cantinue in force a$af Date of
(b)"Date of Policy": The date designated as"Date af Policy„in Policy in favor of an Insured,but anly so long as the Insured retains
Schedule A. an estate or interest in the Land,ar holds an obligation secured by
(c)"Entity": A corporation,partnership,trust,limited liability a purchase money Martgage given 6y a purchaser frffm the Insured,
company,or other similar legal entity. or only so long as the Insured shall have liability by reason of
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
(A)success�rs ta the Title of the Insured by operation of law as ob(igation secured by a purchase maney Mortgage given to the
distinguished from purchase,including heirs,devisees,survivors, Insured.
personal representatives,ar next of kin;
f B)successars ta an lnsured by dissoiution,merger,consolidation, 3. NOTICf OF CLAIM TO 8E GIVEN BY INSUREO CLAIMANT
distribution,or reorganization; The Insured shall notify the Company promptly in writing(i►in case
{C}successars to an Insured by its conversion to another kind of af any litigatian as set forth in Section 5�a�of these Conditions,(ii}
Entity; in case Knowledge shall come ta an Insured hereunder af any claim
{D}a grantee of a�Insured untler a deed delivered without of tit(e or interest that is adverse to the Title,as insured,and that
payment of actual valuable consideration conveying the Title ��9����use ioss ar damage for which the Campany may be liable
(1 J if the stock,shares,memberships,or other equity by virtue of this policy,or(iii)if the Title,as insured,is rejected as
irrterests of the grantee are wholly-owned by the Unmarketa6le Title. If the Company is prejudiced by ihe failure of
named Insured, the Insured Claimant to provide prompt notice,the Company's
(2a if tt�e grantee wholly awns ihe named Insured, �«bility ta the Insured Claimant under the policy shall be reduced
ta the extent of the prejudice.
�3)if the grantee is wholly-owned by an affiliated
Entity of the named Insured,provided the affiliated 4. PROQF Of LQSS
Entity and the nametl Insured are both wholly-awned In the event the Company is unable ta determine the amaunt of
by the same person or Entity,or lass or damage,the Company may,at its option,require as a condition
{�a if the grantee is a tr�stee or beneficiary af a trust af payment that the Insured Claimant furnish a signed praof�#loss.
created by a written instrument establishetl by the The proof of loss must describe the defect,lien,encumbrance,ar
lnsured named in Schedule A for estate planning ather matter insured against by this policy that constitutes the
purposes. basis of loss or damage and shall state,#a the extent possible,tha
(ii)With regard to(Al,lgl,(C),and(DI reserving,however,all rights basis of calculating the amount of the loss or damage.
and defenses as to any successar that the Campany wauld have had 5. DEFENSE AIVD PROSECUTION OF AC710NS
againstany predecessorinsured.
(ea"Insured Claimant": An Insured claiming loss or damage. (al Upon written request by the Insured,and subject to the options
(f)"Knowletlge"or'"Known"': Actual knowledge,not constructive contained in SecEion 7 af these Conditians,t�re Company,at its
knowledge ar notice that may be imputed to an Insured by reason of pWn cost and withaut unreasonable delay,shall provide for the
the Public Records ar any other records that impart constructive defense pf an insured in litigation in which any third party asserts
a claim covered by this poiicy adverse to the insured.This abligation
notice of matters affecting the Title. is limited to only those stated causes of action alleging matters
{g}"Land": The land descri�ed in Schedule A,and affixed improvements insured against by this policy. The Cornpany shall have the right to
that by law constitute real property. The term"Land"tloes 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
Schedule A,nor any right,title,interest,estate,or easesnent in stated causes of actian. It sha{I not be liable for and will r�at pay
abutting streets,roeds, avenues,alleys,lanes,ways,or waterways, the fees af any other counsel. The Company will not pay any fees,
but this d�es not modify or limit the extent that a right of access ta costs,ar expenses incurred by the Insured in the defense o#thase
antl from the Land is insured by this policy. causes of action that al►ege matters not insured against by this policy.
(h)"Mortgage": Mortgage,deed of trust,trust deed,or other security 1b)The Company shall have the right,in addition to the options
instrument,inciuding one evidenced by electranic means authorized cantained in Sectian 1 of these Conditions,at its awn cost,to
by law. institute and prosecute any action or proceeding or to tla any
{i}"Public Records": �ecords established under state statutes at other act that in its opinion may he necessary or desirabie to
Date of Policy for the purpase of imparting constructive notice of establish the Title,as insured,ar to prevent or reduce lass or
matters relating to real property ta purchasers for vafue and without damage to the Insured. The Company may take any appropriate
action under the terms of this policy,whether or nat it shall be
Knowledge. With respect ta Covered Risk 5f d},"Public Records" liable to the Insuretl. The exercise of these rights shall not be an
shall also include environmental protection liens filetl in the records admission of liability or waiver af any provision Qf this policy.
of the clerk of the�nited States District Court€or the district where If the Company exercises its rights under this subsection,it must
the Lantl is locatetl. do so diligently.
(jj"Title'": Tt7e estate or interest described in Schedule A. {c}Whenever the Campany brings an action ar 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 ar lessee of the the litigation to a final determination by a court of competent
Title or lender on the Title to 6e released from the obligation to jurisdiction,and it expressly reserves the right,in its sole
ORT Form 4309 PL discretian,to appeal any adverse jutlgment or order.
AtTA Owners Policy of Title insurance 6-t?-06(with Fiarida Modifioation;I Page 3
' ' GONDI710NS(con't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE policy.In addition,the Company will pay any costs,attorneys'fees,
(a)(n al!cases where this policy permits or requires the Company ���expenses incurred by the insuretl Claimant that were authorized
to prosecute ar provide for the defense of any actian or praceeding by the Company up ta the time of payment and that the Company is
and any appeals,the insured shall secure to the Campany the right obligated to pay;or
ta so prasecute or provide defense in the action ar praceedi�g, {ii)to pay ar otherwise settle with the Insured Claimant the loss ar
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 hy the Company,the Insured, attarneys'faes,and expenses incurrsd by the Insured Claimant that
at the Company's expense,shall give the Campany all reasanable were authorized by the Company up to the time of payment and that
aid(i�in securing evidence,obtaining witnesses,prosecuting or the Campany is obligated to pay.
defending the action or proceeding,or effecting sattlement,and
(ii)in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either af the options provided
be necessary or desirable to establish the Title ar any other matter far in subsectians�b}{i)ar�ii},the Comparry's obligations ta ihe
as insured. If the Company is prejudiced by the failure of the Insured under this policy for the claimed loss nr tlamage,other than
Insured Fo furnish the required cooperatiQn,the Company's obligations the payments required to be made,shali terminate,including any
to the Insured untler the policy sha{I terminate,including any liability or obligation to defend,prosecute,or continue any
liabiliry or obligation to defend,prosecute,or continue any litigation, (itigation.
with regard to the matter or matters requiring such coaperation.
(b1 The Company may reasonably require the Insured Claimant to g,pETERMINATMON AND EXTENT OF LIABILITY
submit to examinatiar�under aath by any authorized representative This policy is a cantract af indemnity against actual monetary loss or
of the Company and to produce for examination,inspection,and damage sustained ar incurred by the Insured Claimant wha has suffered
copying,at such reasonable times and places as may be designated ��$s ar damage by reason o#matters ir�sured against by this poiicy.
by the autharized representative af the Company,all records,in taj The extent of liability ofi the Company for lass or damage under
whatever medium maintained,including baoks,ledgers,checks, this policy shall not exceed the lesser of
memoranda,correspandence,reparts,e-mails,disks,tapes,and {ij the Amount of Insura�ce;or
videos whether bearing a date before or after Date of Policy,that (ii)the difference between the value of the Title as insured end the
reasonabfy pertain to the loss or damage. Further,if requested by value af the Title subject to the risk insured against by this policy.
any authorized representative of the Company,the Insured Ciaimant (b)If the Company pursues its rights under Section 5 of these
shall grant its permission,in writing,for any authorizetl representative Canditions and is unsuccessful in establishing the Title,as insured,
af the Company to examine,inspect,and copy all af these records (i}the Amount af Insurance shall be increased by 1 Q°lo,and
in the custody or cantrol of a third party that reasonably pertain to �ii)the Insured Claimant shall have the right to have the loss or
the foss or damage. All rnfqrmatian designated as eorrfidential by �������etermined either as afi the date the claim was made by
the Insured Claimant provided to the Company pursuant to this the(nsured Claimant or as of the dete it is settled and paid.
Section shall not be disclosed to others unless,in the reasonable (c}In addition ta the sxtent of#iability under{a}and(�},the Gompany
judgment of the Company,it is neeessary in the administration of will also pay those costs,attorneys'fees,and expenses incurred in
the claim. Failure nf the Insured Claimant ta submit for examination accordance with Sectinns 5 and 7 of these Conditions.
under oath,produce any reasona�ly requested irrfarmation,or
grant permission to secure reasonably necessary informatian from 9.LIMITATION QF LIABILITY
third parties as required in this subsectian,uniess prohibited by {a}If the Company establishes the Title,or remaves the alleged
law or governmental regulation,shall terminate any liability of the defect,lien,or encumbrance,or cures the lack of a right of access
Campany under this policy as to that claim. to or from the Land,or cures the claim of Unmarketabie Titie,ali as
insured,in a reasonably diligent manner by any methad,including
7. OPTIONS 70 PAY pR OTHERWISE SETTLE CLAIMS; litigation antl the completion of any appeals,it shall have fully
TERMINATION OF UABII.ITY perfarmed its abligations with respect ta that matter and shaN nat
In case af a claim under this policy,the Company shall have the be liable for any loss or damage caused to the Insured.
faliowing additionai options: �b}In the event of any litigatian,including litiga#ion by the Campany
(a}10 Pay or Tender Payment of the Amount of insurance. or with the Company's consent,the Company shall have no liabiliry
To pay or tentler payment of the Amdunt of(nsurance under this for lass or damage until there has been a fina!determination by a
policy tflgether with any costs,attorneys"fees,and expenses court nf competent jurisdiction,and disposition of al)appeais,
incurred by the Insured Claimant that were authorized by the adverse to the Title,as insured.
Company up to the time of payment ar tender of payment and that {e}The Company shal)nat be liable for loss or damage ta the
the Company is obligated to pay. Insured for liability voluntarily assurned by the Insured in settling
Upon the exercise by tl�e Campany of this option,all liability and any claim or suit without the priar written cansent of tf�e 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 7ERMlNATION
including any lia�ility or obligatian to defend,prosecute,or contin- p�LIABILITY
ue any litigation. All payments untler this policy,except payments made for costs,
(b)To Pay or Otherwise Settle With Parties Other Than the lnsured ��orneys'fees,and expenses,shall reduce the Amount of Insurance
or With the Insured Claimant. by the amnunt of the payment.
(i)to pay or otherwise settle with ather parties for or in the
name of an lnsured Claimant any claim ins�red against under this
pRT Form 4309 FL
ALTA Ow�ers Policy of 7itle Insuranee 6-17-06{�vith Florida�L1odifications) Page 4
` ' CONDITIONS(aon't)
11.LIABILITY NONCUMULATIVE 15.LIABILITY LIMITED TO THIS POLICY;PQLICY ENTIRE
The Amount of Ir�surance shall be reduced by any amount the Company �pNTRAGT
pays under any policy irtisuring a Mortgage to which exception is taken (a)This policy together with all endorsements,if any,attached to it
in Schetlule B or to which the Insured has agreed,assumed,or taken by ihe Company is the entire policy antl contract between the
subject,or which is executed by an Insured after Oate of Policy and Insured and the Company. In interpreting any pravision of this
which is a charge or lien on the Title,and the amount so paid shall be policy,this policy shall be construetl as a whole.
deemed a payment ta the ir�sured under this policy. (b}Any claim af loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based on
12.PAYMENT OF LOSS negligence shaN be restricted to this palicy.
When liabiiity and the extent af loss ar damage have been definiteiy ic}Any amendment af ar endorsement to this policy must be in
tixed in accordance with these Conditions,the payment shall be matle writing and authenticated by an authorized person,or expressly
within 30 days. incarporated by Schedule A of this policy.
13.RIGHTS OF RECOVERY UPON PAYMENT QR SETTLEMENT (d)Each endorsement to this policy issued at any time is made a
(a)Whenever the Company shall have settled and paid a cleim Part of this policy and is subject to all of its terr�s and provisipns.
Except as the endorsement expressly states, it does not(i)modify
under this policy,it shall be subrogated and entitled to the rights of �ny of the terms and provisions of the policy,(ii�modify any prior
the Insured Claimant in the Title and all other rights a�d remedies endorsement,iii�)extend the Date of Policy,ar f iv}increase the
in respect ta the claim that the Insured Claimant has against any Amount of Insurance.
person or prapert}r,to the extent of the amount of any loss,costs,
attorneys'fees,and expenses paid by the Company. If requested 16.SEVERABILITY
by the Campany,the lnsuretl Claimant shall execute documents to �n the event any provision of this policy,in whale ar in part,is held
evidence the transfer to the Company af these rights and remedies. invalid or unenforceable under applicable law,the policy shall be
The Insuretl Claimant shall permit the Company to sue,compromise, deemed nat to include that provision or such part held to be invalitl,but
or settle in the name of the Insured Claimant and to use the name �{�a���r provisians shal)remain in full farce and effect.
of the Insured Claimant in any transaction or litigatian involving
these rights and remedies. 17.GHOICE OF IAW;FORUM
If a payment on account of a claim does not fully caver the loss of (a)Chnice of Law: The Insured acknowledges the Company has
the Insuretl Claimant,the Company shall defer the exercise of its ur�derwritten the risks cavered by this policy and determined the
right to recover until after the(nsured Claimant shall have recovered premium charged therefor in reliance upon the iaw affecting interests
its loss. in real property and applicable to the interpretation,rights,remedies,
�b}The Companys right of subrogatior�includes the rights of the or enforcement of policies of title insurance of the jurisdictian
Insured to indemnities,guaranties,nther palicies of insurance,or where the Land is located.
bonds,notwithstanding any terms or canditions contained in thoss Therefore,the court or an arbitrator shall apply the(aw of the
instruments that address subrogation rights. jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and ta
14.ARBITRATION interpret and enforce the terms of this palicy. in neikher 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 af the American Arbitratian Association mine the applicable law.
may 6e demanded if agreed to by both the Company and the Insured at (b)Choice of Forum: Any litigation or other proceeding brought by
the time of a controversy or claim.Arbitrable matters may inclutle,but the Insured against the Company must 6e#iied only in a state or
are not limited ta,any controversy or claim between the Company and federal court within the United States of America or its territaries
the Insured arising out of or relating to this policy,and service of the having appropriate jurisdiction.
Gompany in connection with its issuance or the breach af a policy
provisiqn or other obligation.Arbitratian pursuant to this policy and 18.NOTICES,WHERE SENT
under the Rules in effect on the date the demand for arbitration is Any r�otic�o#claim and any other natice ar statement in writing
made ar,at the option of the Insured,the Aules in effect at Date of required ta be given to the Company untler this palicy must be given to
f'olicy shall be binding upon the parties.The award may include the Gompany at 4Q0 Secontl Avenue Sauth, Minneapolis,
attameys"fees�nly if the laws of the state in which the�and is Minnesota 55401-2499,Phone:612-371-11 i 1.
located permit a court to award attorneys'fees to a prevailing party.
Judgment upan the award rendered by the Arbitrator{s}may be
entered in any cnurt having jurisdiction thereof,
The 1aw af the situs of the land shal!apply to an arbitration under the
Title insurance Arbitratian Rules.
A copy of the Aules may be obtained from the Company upon request.
ORT Form 4309 Fl
ALTA Owners Pohcy ot Title Insurance 6-17�Q6(with Flarida Mod�fications)
Page 5
.�c * �
# �
� C� * SCHEDULE A
� *
* � *
OWNER'S POLICY
SCHEDULE A
AGENT FILE NUMBER: 315-079 POLICY NUMBER: OXFL-08113532
ORT FILE NUMBER: 12079630
Address Reference: S.R. 434 and Tuscora Drive, Winter Springs, FL
Amount of Insurance: $ 10,000.00
Date of Policy: [Date and time of recordation]
1. Name of Insured: CITY OF WINTER SPRINGS, FLORIDA
2. The estate or interest in the Land that is insured by this policy is: fee simple
3. Title is vested in: CITY OF WINTER SPRINGS, FLORIDA
4. The land referred to in this Policy is described as follows:
SEE EXHIBIT "A"ATTACHED HERETO.
ORT Form 4309 FL A
Schedule A for ALTA Owners Policy of Title Insurance 6-17-06
SCHEDULE B
AGENT FILE NUMBER: 315-079 PQCICY NUMBER: OXFC-0$113532
ORT FILE NUMBER: 12079630
EXCEPTIONS FROM CQVERAGE
This policy does nat insure against lass or damage, and the Company will not pay cos#s, attorneys' fees, or
expenses that arise by reason of:
1. Any encroachment,encumbrance,vialation,variation,oradverse circumstance affecting the Title that
wauld be disclosed by an accurate and camplete land survey of the�and.The term"encraachment"
includes encroachments of existing impravements lacated an the Land onto adjoining land, and
encroachments on the l.and of existing improvements located on adjoining land.
2. Easements or ciaims of easements not shown by the pubGc records.
3. General or special taxes and assessments required #o 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 partian af the Iands
insured hereunder, including submerged, fit(ed and artificially expased lands and lands accreted to
such lands.
5. State road right reservations, if any.
6. Oil, gas and mineral right reservatians, if any.
7. Any lien provided by Chapter 159, Florida Statutes, in favor af any city,town, village o�port authority
for unpaid service charge for service by any water, sewer or gas system supplying the insured land.
8. All matters contained on the Plat of The Reserve at Tuscawilla Phase I, as recorded in Plat Book 48,
pages 31 to 44,indusive.,Public Reoords of Seminol�Cour�ty,Florida.
9. General Bill of Sale and Assignment recorded in O.R. Book 1952, page 299, Public Records of
Seminale Caunty, Florida.
90. Final OrderAppraving 5ettlement Agreement and Amendment to Annexatian Ordinance Na.64,The
Tuscawilla Planned Unit Development, Master Plan for The Tuscawilla Planned Unit Develapment
and Related Matters�ecarded in 4.R. Book 2243, page 1508, Public Records of Seminole Gounty,
Florida.
11, Qrdinance No. 489 of the City of Winter Springs recarded in O.R. Baok 227fi, page 464, Public
Recards af Seminole County, Florida.
12. Settlement Agreement and Amendment to Annexation Ordinance No. 64, The Tuscawiila Planned
Unit Development, Master Plan for The Tuscawilla Planned Unit Development and Related Matters
recorded in O.R. Book 2277, page 469, Publie Reeords af Seminc�le Caun#y, Florida.
ORT Form 4309 FL H
Schedule H for ALTA Owners Policy of Title Insurance 6•17-06
13. Declaratian af Covenants,Canditions,Easements and Restrictions recorded in O.R.Baok 2853,page
1055; Supplemental Declaration and Amendment recorded in O.R. Baok 2999, page 18, Public
Records of Seminole County, Florida.
14, Deciaration of Exciusive Listing and �ien Rights recorded in O.R. Boak 2855, page 1976, Public
Records af Seminole County, Florida.
15. Impaet Fee Credit Ag�eement recorded in O.R. Boak 2927, page 1467, Public Reeords of Seminale
County, Florida.
16. Cable Television Installation and Service Agreement recorded in O,R. Book 2989, page 736, Public
Records of Seminole County, Florida.
17. Declaratian of Conservation Easement recorded in O.R. Baok 3223, page 363, Public Records of
Seminole County, Florida.
18. 7uscawilla Lighting and Beautification District Improverrtents and Maintenance Easement in favor of
the City of Winter Springs recorded in 4.R. Boak 4204, page 1811, Pub(ic Records of Seminole
County, Florida.
19. Consent Agreement for the Reserve at Tuscawilla recorded in O.R. Book 7632, Page 1679,et seq.,
Pubiic Records of Seminole Caunty, Florida.
20. Easement& Right of Entry in favor af Bright Hause Networks, L.L.C., recorded in O.R. Book 7815,
page 68, Public Recards of Seminole Caunty, Flarida.
21. Subject to a drainage easement over Retentian Pond A to St. Johns Rive� Water Management
District, pursuant to the plat of The Reserve at Tuscawilla, Phase I, recorded in Plat Book 48, Pages
31-40, Public Records of Seminole Gounty, Florida.
22. Subject to the Developer's limited partners'consent regarding lot subdivision as required by Article
7.3 af the Declaratian of Covenants, Conditions, Easements and Restrictians for The Reserve at
Tuscawilla, recorded in O.R, Book 2853, Page 1055, Public Recards of Seminale Caunry, Florida.
THlS PC?LICY YAUD ONLY IF SCHEDU�E B IS ATTACHED,
ORT Fortn A309 FL B
Schedule B for AI.TA Qwners Pplicy of Title Insurence 6-17-06