HomeMy WebLinkAboutPhelopateer LLC (Hayes Rd) - 2008 12 082
BROWN, GARGANESE, WEISS & UAGYRESTA, P51A
Debra S. Babb-Nutcher''
Joseph E. Blitch
Usher L. Brown'
Suzanne D'Agresta''
Anthony A. Garganese"
William E. Reischmann, Jr,
J.W. Taylor
Jeffrey S. Weiss
*Board Certified Civil Trial Lawyer
''Board Certified City, County & Local Government Law
`Board Certified Appellate Practice
Andrea Lorenzo-Luaces, CMC
City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Fl- 32708
Alloiwgs al.Lzm)
Offices in Orlariclo, Kissimmee, Cocoa,
Ft. Latiderclale &'farripa
December 8, 2008
Re: City of Winter Springs/Hayes Road
Our File No. 315-039
Dear Andrea:
ir, L
Tara L. Barrett
Vivian P. Cocotas
Scott J. Dornstein
Robin Gibson Drage
Christopher H. Hunt
Katherine W. Latorre"
Terri E. Oster
Richard W. Withers
Gary M. Glassman
Erin J. O'Leary*
Amy J. Pitsch
Catherine D. Reischmann''
Qf Counse I
With respect to the transfer of property from Phelopateer, LLC to the City of Winter
Springs, please find enclosed the following documents for safekeeping:
1. Original Warranty Deed recorded in O.R. Book 7062, Page 0409;
2. Copy of Partial Release of Mortgage recorded in O.R. Book 7062, Page 0406;
3. Original Title Insurance Commitment, CA 637180; and
4. Original Owner's Title Policy, SDC 775699.
It was a. pleasure assisting the City with this matter, and should you have any questions,
please do not hesitate to contact our office.
Si erel
Anthony A. Garganese
City Attorney
AAG/nh
Enclosures
cc: Kip LockCLII'f, Utilities Director
Brian Fields, City Engineer
111 N. Orange Ave, Suite 2000 - P.O. Box 2873 - Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 - Cocoa (866) 425-9566 - Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net - Email, firm@orlandolaw.net
Prepared by and return to:
,Anthony Garganese, 11*1,squire
Brown G
, arganese, Weiss & DAgresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
WARRANTY DEED
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CL-ERKIS # 2()081 03337
RECURDED 09/11/2008 09.-bb:08 AN
DELID 0M '44X 0.70
REC0140IN6 141,:S ;S'&W
AY L KKii�ley
THIS WARRANTY DEED is executed this ?K day of 2008, by
PHELOPATEER, LLC, a Florida limited liability company, with a principal address of 1348 Valley
Pine Circle, Apopka, Florida 32712 (hereinafter called "GRANTOR"), to the THE CITY OF WINTER
SPRINGS, FLORIDA, a Florida municipal subdivision, with a principal address of 1126 East State
Road 434, Winter Springs, Florida 32708 (hereinafter called "GRANTEE").
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations.)
W I TN E S S E T 14:
THAT GRANTOR, for and in exchange of mutual covenants and other good and
valuable consideration, the receipt of which is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto GRANTEE, its successors and
assigns, all that certain land situated in Seminole County, Florida, and being more particularly
described in EXHIBIT "A" attached hereto and incorporated herein by this reference.
TOGETHER WITH all of the tenements, hereditaments and appurtenances thereto
belonging or in any way appertaining to, including all of GRANTOR'S rights, title and interest
in and to all public ways adjoining the said land.
TO HAVE AND TO HOLD, the same in fee simple forever, subject, however, to the following:
1. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing
in the public records or attaching subsequent to the effective date hereof but prior to the date
the proposed Insured acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises
herein described.
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 2008 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 and artificially exposed lands and
lands accreted to such lands.
Any lien provided by Chapter 159, F.S., 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 insured
land.
Subject to matters of plat of ENTZMINGER FARMS ADDITION NO. 2 according to the
plat thereof as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida.
AND GRANTOR hereby covenants with GRANTEE that GRANTOR is lawfully seized of said
land in fee simple; that said land is free of all encumbrances except the matters hereinabove mentioned to
which this deed is made subject; and that GRANTOR has good right and lawful authority to sell and
convey said land and hereby fully warrants the title to said land and will defend the same against the
lawful claims ofall persons whomsoever.
AND the SUbJect property is not the homestead property of the GRANTOR.
[SIGNATURE PAGE, FOLLOWS]
2
IN WITNESS WHEREOF, GRANTOR has hereunder set its hand and seal the day and year first
above written.
Signed, sealed and delivered GRANTOR:
in the presence of.-
PHELOPATTEER, LLC
By:
NAME: r9'
Print name: TITLE:
name: P
STATE OF FLORIDA
COUNTY OF 01-014
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, personally appeared M 1 6,,, � , , as of
Phelopateer, LLC, who is known to me to be the person described in and who executed the foregoing instrument
and who acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear
an oath.
WITNESS my hand and official seal in the State and County last aforesaid this day of S,' , 4-i 2008
EXHIBIT "A"
A portion of Section 34, Township 20 South, Range 30 East, Seminole County, Florida, being
more particularly described as follows:
Commence at the intersection of the South right-of-way line of State Road No. 434 as shown on
the Florida Department of Transportation right-of-way map, Section No. 77580-2610 and the
West right-of-way line of Hayes Road as described in Official Records Book 3707, Pages 808
through 812, Public Records of Seminole County, Florida; thence South 07'54'50" East along
said West right-of-way line a distance of 12.52 feet to the Point of Beginning; thence continue
South 07'54'50" East along said West right-of-way line a distance of 32.23 feet; thence South
80'18'20" West, a distance of 2.01 feet; thence North 07'54'50" West along a line that is 2.01
feet West of and parallel with said West right-of-way line a distance of 6.00 feet; thence North
62°17'59" West, a distance of 32.44 feet; thence South 65030'40" West along a line that is 11.00
feet South of and parallel with said South right-of-way line a distance of 1.32.88 feet; thence
South 78°11'29" West a distance of 41.00 feet; thence North 24'29'20" West, a distance of 2.00
feet to a point on said South right-of-way; thence North 65'30'40" East along said South right-
of-way line a distance of 193.25 feet; thence South 61'12'05" East, a distance of 14.97 tcet to
the Point of Beginning.
91
Prepared by and return to:
Anthony Garganese, Esq.
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32801-2873
I IN 1111111 at 1111111111 of 1110 a H III " III If 1111111111111
MARYANNE MORSE, CLERK OF CIRLUIT WT
SEMINOLE COUNTY
BK 07062 Pys 0406 - 4081- QpIls)
CLERK'S # 2006103336
RECORDED 09/11/E008 09:55:08 P14
RECORDING FEES 217.00
RECORDED BY L McKinley
AND
OTHER LOAN DOCUMENTS
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Fifth Third Bank, a national banking association ("Mortgagee") is
the owner and holder of that certain Mortgage and Security Agreement executed in its favor by
Phelopateer, LLC, a Florida limited liability company ("Mortgagor"), dated May 2, 2002 and
recorded on May 6, 2002 in Official Records Book 4399 at Pages 524 et �iM. (the "Mortgage");
as well as (i) that Collateral Assignment of Leases and Rents recorded May 6, 2002 in Official
Records Book 4399, Pages 534 et sem, (the "Assignment of Rents"), (ii) that UCC -1 Financing
Statement naming Mortgagor, as Debtor, and Mortgagee, as Secured Party, recorded on May 6,
2002 in Official Records Book 4399 at Pages 541 et seq. (the "Financing Statement"), all of the
Public Records of Seminole County, Florida (the Mortgage, the Assignment, and the Financing
Statement collectively referred to herein as the "Loan Documents"), securing that certain
promissory note described in the Loan Documents, and certain premises and obligations set forth
in said Loan Documents, encumbering the property situated in Seminole County, Florida more
particularly described in the Loan Documents (the "Property"); and
WHEREAS, Mortgagee now desires to release a portion of the Property from the lien and
effect of the Loan Documents.
NOW, THEREFORE, for and in consideration of the sum of $10.00 and for other good
and valuable considerations, the receipt and sufficiency of which are hereby acknowledged,
Mortgagee hereby releases and discharges from the lien and effect of the Loan Documents, that
0
part of the Property described as follows:
PROVIDED, HOWEVER, that nothing herein contained shall in anywise impair, alter or
diminish the effect, lien or encumbrance of the Loan Documents as to the balance of the Property
not hereby released therefrom, or any of the rights of the holder of the Loan Documents.
IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed in
manner and form sufficient to bind it this -2 day of 2008.
IMMIKInflME-11M.
By: z
Name:
As Its: ?
STATE OF
COUNTY OF v -1M L
U
T 'e foregoinstrument was acknowledged before me this � day of 2008,
by as of Fifth Third Bank, on
behalf of the bank. He/She is has produced
as identification and did (not) take an oath.
(NOTARY SEAL)
NotaPublic Signator
Notary Public State of Florida
4141<6 Adyn Castro Typed or Printed Notary Name
My Commission D0743996
Expires 01/21/2012 Notary Public -State of
Commission No.:
My Commission Expires:
2
1 W -Mall 1:11
A portion of Section 34, Township 20 South, Range 30 East, Seminole County, Florida, being
more particularly described as follows:
Commence at the intersection of the South right-of-way line of State Road No. 434 as shown on
the Florida Department of Transportation right-of-way map, Section No. 77580-2610 and the
West right-of-way line of Hayes Road as described in Official Records Book 3707, Pages 808
through 812, Public Records of Seminole County, Florida; thence South 07'54'50" East along
said West right-of-way line a distance of 12.52 feet to the Point of Beginning; thence continue
South 07'54'50" East along said West right-of-way line a distance of 32.23 feet; thence South
80°18'20" West, a distance of 2.01 feet; thence North 07'54'50" West along a line that is 2.01
feet West of and parallel with said West right-of-way line a distance of 6.00 feet; thence North
62'17'59" West, a distance of 32,44 feet; thence South 65'30'40" West along a line that is 11.00
feet South of and parallel with said South right-of-way line a distance of 132.88 feet; thence
South 78'11'29*' West a distance of 41.00 feet; thence North 24'29'20" West, a distance of 2.00
feet to a point on said South right-of-way; thence North 65"30'40" East along said South right-
of-way line a distance of 193.25 feet; thence South 61'12'05" East, a distance of 14.97 feet to the
Point of Beginning,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the
Cnmpany'for avaluable consideration, hereby commits \u issue its policy orpolicies of title insurance,
as identified in Schedule A, in favor of the proposed insured narned in Schedule A, as owner or
mortgagee of the estate or interest covered bereby in the land described or referred to in Schedule k
upon payment of the premiums and charges therefor,, all Subject to the provisions of Schedule A and B
�
and \othe Conditions and Stipulations hereof.
-1 his Commitment shall be effective only when [lie identity of the proposed Insured and the arnOUnt of
the pohcy or policies committed for have been inserted in Schedule A hereof by the Company. either at
the dmeofthe issuance ofthis Commitment orbysubsequent endorsement.
ThisCommitment iupm|iminary tothe issuance ofsuch policy o/policies oftitle insurance and aU
liability and obligations hereunder shaU cease an(] terminate six nionflis after the effectivedateheeofmwhonthapo|inyorpo|ioienwmmbtedfo/
shall issue, whichever first occurs, provided that the failure to issue SUCh policy or policies is not [lie fault of the Company.
IN WITNESS WHEREOF, Old Republic Nado4TU|a |nuuramm Company has caused this Commitment
to be signed and sealed as of [lie effective date of Commitment shown ii Schedule A, the Commitment to become valid when countersigned by air
authorized signatory,
CONDITIONS AND STIPULATIONS
1 lie term ^mortgage^'mhanused herein, shall inu|Udedeed oftrust, trust deed, mother sm;urityino8nmart.
2. If the proposed Insured has or acqUires actual knowledge of any defect, hen, encumbrance, adverse
clairn or other rinatter affecting the estate or interest. or mortgage thereon covered by this Commitment other dian those shown in Schedule B hereof,
and shall fail to disclose such knowledge tothe Company inwriting, the Company shall be eUnvodf/om liability for any |oon ordamage resulting
frorn any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If rhe proposed Insured shall
disc|ooe such knowledge tnthe Company, or if the Company otherwise acquires actual knowledge ofany such defect lien. anoumbranco' adverse
claim urother matter, the Company at its option mayamend Schedule BoJthis Cummitmantocuording|y' out such amendment shelf not relieve the
Company from lialbiliry dre0ously incurred pursuant to Paragraph 3 of these Conditions and Stipulations.
3. Liability of the Conipany under this Comrnitrnent 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 corr#y with the requirements hereof or (b) to eliminate exceplions shown in Schedule B, or lc) to acquire or create
the estate nrinterest ormoKQagothereon covered by this Commitment. In no event shall such liability exceed the amuunt stated in Schedule 4for
hie policy or policies cornmitted for and such liability is subject to the InSUring provisions and the Conditions and Stipulations and [lie Exclusions frorn
Coverage nf[lie form of po|io/orpolicies mmmiUedfor in favor ofthe proposed Insured which are hereby incorporated by reference and madeu port
of this Commitment except asexpressly modified herein.
4. Any action or acliDoS or rights of action that the proposed Insured may have or rnay bring against the
Company arising Out ofthe status of the title to the estate or interest or the status of the mortgage fliereon covered by this Commitment must be
based onand are subject tnthe provisions ofthis Commitment.
NOTE�The;o|icyuommittedformaybaaxaminedbyinquirye\thooffioewhiohioouadihn
cornrinitment, and a specimen copy of the policy form lor forms) referred to in this COMMitu'rent will be furnished promptly upon request.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Delivered with and mn����m�o���n�������hm�� ASm��m»my
' � foo�nmv �mmva�m���oe�m/��mne�mewV,
Closing P�8eot�V1et�r�omu�a�dnnx�rRu��18�Q1�FA. � � �/�a//-///
�����Weiss & D'Agf*M, RA.
!|K Nonh Orange Avenue By �� \ c�'
Suite 20W .
Orlamlo, Fl 32801
407425-9566 IF= 407-425-9596 � \ n�~/ � /-UJ
�/ �J L�/�� s("'vmtofy
Closing Protection Letter
TheopemtionandscnpeoftheNUnwingC|oningPmteXonLaKer(^Letter")ic|imited1o1hetranoactionwhiohiuthosuNecto{the
commitment towhich this Letter is attached arid is also directed to those p8rsnn(s)arid/or entity lies) set forth in the Letter and identified as a
proposed insured inthe commitment.
RE� Issuing Agent: Agent countersigning the attached commitment.
1 Failure of said Issuing Agent to comply with your written closing instructions to the extent that they relate to (a) the status of the
title to said interest in land orthe validity, anfonnabi|i\yand priority ofthe |iem of said mortgage on said interest in land, including
the obtairilng of documents and the disbursement of funds necessary to establish such status of title or lien, or (b) the obtaining of
any other document, specifically required by you, but not to the extent that said instructions require a determination of the validity,
enforceability or effectiveness of such other document, or (c) the collection and payment of funds due you,
or
2. Fraud n/dishonesty ofsaid Issuing Agent in handling your funds or documents in connection with such closing.
If you are a |nnUerpmtected under the foregoing paragraph, your borrower in connection with a |oan secured by mortgage on a one-to4Ou/
family dwelling shall be protected as if this letter were addressed to your borrower.
Conditions and Exclusions
A. Old Repub|ic National Title Insurance Company will not be liable tnyou for |000 arising out of:
1 Failure of said Issuing Agent Ncomply with your dosing instructions which require title insurance protection inconsistent with that
set forth inthe hflo insurance binder o/commitment issued by Old Republic National -Title Insurance Cmmpany. Instructions which
require the removal of specific exceptions 1otitle orcompliance with the requirements contained in said binder orcommitment shaU
not be deemed to be inconsistent.
2. Loss or impai/men!ofyour funds in the course of collection or while on deposit with a bank due tn bank failure, insolvency or
suspansinn'moyp1suohaxshaUmou|ifmmfoi|ureofsaid|sxuingAgen1tocomp|ytoyourmviVondosinginstructinns1ndepnsit
the funds in a bank which you designated byname.
3. Mechanics' and matoria|men's liens in connection with your purchaoe or lease or construction loan transactions, except inthe extent
that protection against such liens is afforded byatit|e insurance binder, commitment mpolicy ofOld Republic Nationa|Tida
Insurance Company.
4. 'The periodic disbursement of construction loan proceeds or funds furnished by the owner to pay for construction costs during the
construction of improvements on the land W be insured, unless an officer ofthe company has specifically accepted the responsibility
tnyou for such disbursement program in writing.
B. When ON Repub|ic National Title Insurance Company shall have reimbursed you pursuant tothis |otte( it shall be subrogated to all rights
and remedies which YOU would have had against any person or property had you not been so reimbursed. Liability ofOld Republic
National Title Insurance Company for xuchreimbursement shall bereduced tnthe extent that you have knowingly arid voluntarily
impaired the value of such right ofoubmgation.
C. Any liability ofOld Republic National Title Insurance Company for |oux incurred by you in connection with closings of real estate
transactions by said Issuing Agent shall be limited to the protection provided by this letter. However, this letter shall not affect the
protection afforded bvatitle insurance binder, commitment orpolicy ofOld Republic National Title Insurance Company. The dollar
amount of liability hereby incurred shall not be greater than the amount of the title insurance binder, commitment or policy of title
insurance to be issued, and liability hereunder as to any particular loan transaction shall be coextensive with liability under the policy
issued toYou in connection with nuch transaction. Payment in accordance with the terms of this letter shall reduce hvthe same amount
the liability under such policy and payment under such policy shall reduce by the same amountthe company's liability under the terms of
this letter.
D� Claims of loss shall be made promptly to Old Republic National Title Insurance Company at its principal office at 400 Second Avenue
3nuth, Minneapolis, Minnesota 554O1'2499.When the failure togive prompt notice shall prejudice Old Republic National Title Insurance
Company then liability of Old Republic National Title Insurance Company, hereunder shall be reduced to the extent of such prejudice, Old
Republic National Title Insurance Company shall not be liable hereunder unless notice ofloss in writing is received by Old Republic
National Title Insurance Company within ninety (90) days from the date ofdiscovery ofsuch loss.
E. Nothing contained herein shall be construed as authorizing compliance by any issuing agent with any such closing instructions,
compliance with which mmuN constitute a violation ofany applicable |ow( rule or regulation relating 1othe activity oftitle insurers, their
issuing agents, arid their failure to comply with any such closing instructions shall not create any liability under the terms ofthis letter.
F The protection herein offered will be effective until cancelled by written notice from Old Republic National Title Insurance Company, Any
previous Insured Closing Service Letter orsimilar agreement is hereby cancelled, except as to closings ofyour real estate transactions
regarding which you have previously sent (or within 30 days hereafter send) written closing instructions to said Issuing Agent.
ORNT File Number: 07120543 JAR/vl
Agent File Number: 315-039 Commitment Number:
REVISED AUGUST 27, 2008
SCHEDULE A
1) Effective Date: July 24, 2008 at 5:00 PM
2) Policy or Policies to be issued:
Amount:
a) ALTA Owners Policy Standard Form B 1992 $50,000.00
(amended 10/17/92 with Florida Modifications)
Proposed Insured:
THE CITY OF WINTER SPRINGS, a Florida municipal corporation
b) ALTA Standard Loan Policy 1992 SN/A
(amended 10/17/92 with Florida Modifications)
Proposed Insured:
N/A
3) The estate or interest in the land described or referred to in this Commitment and covered
herein is a FEE SIMPLE.
4) Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
PHELOPATEER, LLC, a Florida limited liability company
5) The land referred to in this Commitment is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO.
This Commitment valid only if Schedule B is attached.
ORDOCS COMMITMENT COMM SUBDIVISION MFO1149
The following are the requirements to be complied with:
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 PHELOPATEER, LLC, a Florida limited liability company, to
THE CITY OF WINTER SPRINGS, a Florida municipal corporation, conveying the
property described in Schedule "A" herein.
i) The agent must: (1) Determine that PHELOPATEER, LLC, a Florida limited liability
company is in good standing in the state of its formation, and (2) Establish that the
manager(s) or member(s) executing the deed or mortgage to be insured are authorized
by the Articles of Organization or Regulations of the limited liability company to
execute said instruments on behalf of the company.
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) Partial Release of the Mortgage from PHELOPATEER, LLC to SOUTHERN
COMMUNITY BANK, dated May 2, 2002, recorded May 6, 2002, in O.R. Book 4399,
Page 524, Public Records of Seminole County, Florida, securing the original principal
amount of $1,300,000.00.
b) Partial Release of the Collateral Assignment of Leases and Rents in favor of
SOUTHERN COMMUNITY BANK as filed May 6, 2002 in O.R. Book 4399, Page 534,
Public Records of Seminole County, Florida.
c) Partial Release of the UCC Financing Statement in favor of SOUTHERN COMMUNITY
BANK, filed May 6, 2002, in O.R. Book 4399, Page 541, Public Records of Seminole
County, Florida.
d) Payment of taxes for the year 2005, 2006 and 2007, and redemption of tax sale
certificates.
e) A survey meeting the minimum technical requirements set forth in the Florida Statutes
must be furnished to the Company for review and matters appearing thereon may be
shown as exceptions on the policy of title insurance to be issued. Said survey to verify
that the subject property does in fact lie entirely within Section 34, Township 20 South,
Range 30 East.
�1191 of I 0111,11'a Be
ORDOCS COMMITMENT COMM SUBDIVISION NIF01 149
111r� �111 - ) �11 V
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 hereof but prior to the date
the proposed Insured acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises
herein described.
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 2008 and subsequent
years.
34-20-30-5AW-0000-0300
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 and artificially exposed lands and
lands accreted to such lands
8. Any lien provided by Chapter 159, F.S., 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 insured
land.
9. Subject to matters of plat of ENTZMINGER FARMS ADDITION NO. 2 according to the
plat thereof as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida.
2007 Taxes are DUE in the gross amount of $4,471.93, and WAS NOT homestead.
Taxes DO include more land than subject premises.
0=16111AKU
A portion of Section 34, Township 20 South, Range 30 East, Seminole County, Florida, being
more particularly described as follows:
Commence at the intersection of the South right-of-way line of State Road No. 434 as shown on
the Florida Department of Transportation right-of-way map, Section No. 77580-2610 and the
West right-of-way line of Hayes Road as described in Official Records Book 3707, Pages 808
through 812, Public Records of Seminole County, Florida; thence South 07'54'50" East along
said West right-of-way line a distance of 12.52 feet to the Point of Beginning; thence continue
South 07'54'50" East along said West right-of-way line a distance of 32.23 feet; thence South
80'18'20" West, a distance of 2.01 feet; thence North 07'54'50" West along a line that is 2.01
feet West of and parallel with said West right-of-way line a distance of 6.00 feet; thence North
62'17'59" West, a distance of 32.44 feet; thence South 65'30'40" West along a line that is 11.00
feet South of and parallel with said South right-of-way line a distance of 132.88 feet; thence
South 78'11'29" West a distance of 41.00 feet; thence North 24'29'20" West, a distance of 2.00
feet to a point on said South right-of-way; thence North 65'30'40" East along said South right-
of-way line a distance of 193.25 feet; thence South 61°1.2'05" East, a distance of 14.97 feet to
the Point of Beginning.
ORDOCS COMMITMENT COMM SUBDIVISION MF01149
OLD REPUBLIC
National Title Insurance Company
Issued through the Office of
American Land Title Association Owner's Po|my1O'17-82
with Florida modifications
���� —�_� �� ���
Policy Number ����� � / �����
SUB,JECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPI-IONS FROM COVERAGE CONTAINED
|NSCHEDULE BAND THE CONDITIONS AND STIPULATIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the
Company, insures, as of Date of 1`6cy shown In Schedule A, against loss or damage, not exceeding the Annount of Insurance stated lin Schedule A,
Sustained o/incurred bythe insured byreason of:
1 Title to the estate or interest described in Schedule 4 being masted other than as stated therein,
2� Any defect in or lien or encumbrance on the title-,
3. Unmarkatabi|ity of the title�
4� Lack ofa right ofaccess tu andfrum the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the hdm'
as insured, but only tnthe extent provided in the Conditions and 3byu|ebono.
IN WITNESS WHEREOF, the said Old Republic National Title |nsumnca Companyhas caused its
corporate narne and seal to be hereunder affixed by its (July authorized officers as of the date shown in Schedule A, the policy to be valid when
countersigned byanauthorized officer oragent ofthe Company.
Issued through the fflce of.,
Suite 2000
Or6ndo, FL 32801
OAT Form 331ALTA Owner's `0cy/0 17 92
with Florida modifications
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
AStock Company
mmSecond xvenue South, Minnesota 55407
By .
Secretary
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay !nno or damage, costs,
attorneys' fees or oxpanxax which may ahna by reason ot
1 (a) Any law, ordinance orgovernmental regulation (including but
not limited to building and zoning |ewu. ordinances, or regulations)
reotriohng, regu|oking, prohibiting o/ relating to (i) the mcupancy, use,
orenjoyment ofthe land
' (ii)the character, dimensions or location of
any improvement now orhereafter erected on the land
' (iii) e
separation in ownership nra change in the dimensions or area of the
land or any parcel of which the land is or was n part ' nr(iv)
environmental protection,�
ore effect ofany violation dthese laws,
ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect. lien or
enmmbonoeresulting from eviolation oraUegedviolation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above'
except to the extent that a nudua of the exercise thereof or a notice
of defect' lien or encumbrance resulting from aviolation or alleged
violation affecting the land has been recorded in the public records at
Date nfPolicy.
2. Rights nfeminent domain unless notice nfthe exercise thereof
has been recorded in the public records at Data of Policy, but not
excluding from ummmge any taking which has occurred prior to Outa
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, enoumbranceu, adverse claims orother matters:
(a) created, suffered, assumed oragreed to by the insured
claimant-,
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known 1othe insured claimant and not
disclosed inwriting tothe Company bythe insured claimant prior tu
the date the insured claimant became on insured under this policy-,
(o) resulting innuloss urdamage tothe insured claimant,
(d) attaching or creating subsequent to Date of Policy: or
(a) resulting in |ono or damage which *muN not have been
sustained if the insured claimant had paid value for the estate or
interest insured bythis policy.
4. Any claim, which arises Out ufthe transaction vesting inthe
insured the estate n/interest insured bythis poUoy.byreason Wthe
operation offederal bankruptcy, state insolvency, u/similar creditors'
rights laws, that iybased ow
(a) the transaction creating the estate or interest insured by this
policy being deemed afraudulent conveyance orfraudulent transfer, or
(b) the transaction creating the estate orinterest insured bythis
policy being deemed o preferential transfer except where the
preferential transfer results from the failure:
(i) Ntimely record the instrument oftransfer- or
(ii) ufsuch recordation toimpart notice 1oapurchaser for
value orajudgment uflien creditor.
CONDITIONS AND STIPULATIONS
iDefinition of Terms.
The following terms when used in this policy mean:
(o) ^inoumd^� the insured named in Schedule A, and, subject to
any rights ordefenses the Company would have had against the
named \noumd, those who succeed to the interest of the named
insured by operation of |mm as distinguished from purchase ino|uding,
but not limited to, haim, distributees, daviooec, nuwivom, personal
representatives, next of kin, or corporate o/ fiduciary successors.
(b) "insured claimant": an insured claiming |ouo or damage,
(d "knowledge" or "known", actual kmmvedgo, not
constructive knowledge or notice which may be imputed to an insured
by reason of the public records as defined in this policy or any other
records which impart constructive notice of matters affecting the land
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which bylaw constitute real property,
The term ^|end^ does not include any property beyond the lines of
the area daoohbod o/ referred to in Schedule A' nor any
right, title, interest, estate o/ easement in abutting stmets, roads,
avenues, alleys, |ames, ways orwaterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the
land ixinsured bythis policy.
(e) "mortgage'': murtgaga, deed of trust, trust deed, or other
security instrument.
(f) "public records": records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating toreal property to purchasers for value and without
knowledge. With respect to Section 1(a)(iv)ofthe Exclusions from
Coverage. "public records' shall also include environmental protection
liens filed in the records of the clerk ufthe United States District
Court for the district in which the land is located.
(g) ^unmarketabi|ityofthe bde': an alleged mapparent matter
affecting the title <othe land, not excluded or excepted from
coverage, which would an1iUa a purchaser of the estate or interest
described in Schedule Atu be released from the obligation to
purchase by virtue of contractual condition requiring the delivery of
marketable title.
2� Continuation of Insurance After Conveyance of Title.
The coverage of this policy shall continue in hnme as of Date of
Policy in favor of an insured only m long on the insured retains an
estate or interest in the land, or hnWu an indebtedness secured by a
purchase money mortgage given by purchaser from the inoumd, or
only so long as the insured shall have liability by reason of covenants
of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force infavor of
any purchaser from the insured ofeither (i) an estate or interest in
the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured,
3 Notice ofClaim tobeGiven byInsured Claimant,
The insured shall notify the Company promptly inwriting (i) in
oaua of any litigation as set forth in Section 4(a) below, (ii) in oana
knowledge shall come to an insured hereunder ufany claim uftitle ur
interest which is adverse to the title to the estate or interest, as
insured' and which might oouoa |oau or damage for which the
Company may beliable byvirtue ofthis policy, or(iii)iftitle tothe
estate or interest, as insured, is rejected as unmarketable. M prompt
notice shall not be given to the Company, then as to the insured all
liability nfthe Company shall terminate with regard tothe matter or
matters for which prompt notice is required; pmvidod, however, that
failure to notify the Company shall in no case prejudice the rights of
any insured under this policy unless the Company shall be prejudiced
by the failure and then only tnthe extent nfthe prejudice.
4. Defense and Prosecution ofAo�ns,- Duty o/Insured Claimant to
Cooperate,
(u) Upon written request by the insured and subject to the
options contained in Section 6 of these Conditions and Stipulations,
the Company, at its own cost and without unreasonable delay, shall
provide for the defense of an insured in litigation in which any third
party asserts a claim adverse to the title or interest as insured, but
only aoto those stated oauuan of action alleging e defect' lien or
encumbrance or other matter insured against by this po|iny. The
Company shall have the right to select counsel of its choice (subject
to the right ufthe insured to object for reasonable cause) to
represent the insured as to those stated causes of action and shall
AGENT FILE NUMBER: 315-039
ORT FILE NUMBER: 07120543
61MMUNW."
1. Policy Date: September 11, 2008 at 9:55 a.m.
POLICY NUMBER: SDC 775699
AMOUNT: $ 50,000.00
2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is:
THE CITY OF WINTER SPRINGS, a Florida municipal corporation
3. The land referred to in this Policy is situated in the County of Seminole, State of Florida, and
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
AGENT FILE NUMBER: 315-039 POLICY NUMBER: SDC 775699
ORT FILE NUMBER: O712U543
This policy does not insure against loss or damage by reason of the following:
Easements orclaims of easements not shown by the public records.
Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands
insured heneunder, including eubmargad, filled and artificially exposed lands and lands accreted to
euch|anda.
General or special taxes and anneosrnonta required to be paid in the year 2008 and subsequent
years. Parcel |DNu.:34-20-3O-5AVV-OOOO-O3OO
4. Any lien provided bvChapter 15S.Florida Statutes, infavor ofany city, town, village orport authority
for unpaid service charge for service by any water, sewer or gas system supplying the insured land.
Subject bomatters ofplat ofENTZM|NGERFARMS ADDITION NO. 2according hothe plat thereof
10,141111,139
A portion of Section 34, Township 20 South, Range 30 East, Seminole County, Florida, being
more particularly described as follows:
Commence at the intersection of the South right-of-way line of State Road No. 434 as shown on
the Florida Department of Transportation right-of-way map, Section No. 77580-2610 and the
West right-of-way line of Hayes Road as described in Official Records Book 3707, Pages 808
through 812, Public Records of Seminole County, Florida; thence South 07'54'50" East along
said West right-of-way line a distance of 12.52 feet to the Point of Beginning; thence continue
South 07*54'50" East along said West right-of-way line a distance of 32.23 feet; thence South
80'1.8'20" West, a distance of 2.01 feet; thence North 07'54'50" West along a line that is 2.01
feet West of and parallel with said West right-of-way line a distance of 6.00 feet; thence North
62'17'59" West, a distance of 32.44 feet; thence South 65'30'40" West along a line that is 11.00
feet South of and parallel with said South right-of-way line a distance of 132.88 feet; thence
South 78*11'29" West a distance of 41.00 feet; thence North 24'29'20" West, a distance of 2.00
feet to a point on said South right-of-way; thence North 65'30'40" East along said South right-
of-way line a distance of 193.25 feet; thence South 61'12'05" East, a distance of 14.97 feet to the
Point of Beginning.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
not be liable 6n/ and will not pay the fees of any other counsel, The
Company will not pay any fees, costs o/ expenses incurred by the
insured in the defense nfthose oauaao of action which allege matters
not insured against bythis policy.
(b) The Company shall have the right at its own cost, to
institute and prosecute any action or proceeding or to do any other
act which in its opinion may be necessary or desirable to establish
the dda to the estate or intumot, as insured, or to prevent or reduce
|nax ordamage tnthe insured, The Company may take any
appropriate action under the terms of this policy, whether nrnot it
shall be liable hamuodac and shall not thereby concede liability or
waive any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so di|igent|y.
(c) Whenever the Company shall have brought an action or
interposed a defense as required nrpermitted by the provisions of
this policy, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right in its uu|a diuomdon, to appeal from any adverse
judgment nrorder.
(d) In all umuao w6am this policy permits or requires the
Company to prosecute or provide for the defense of any action or
pmneeding, the insured shall secure to the Company the right to so
prosecute orprovide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its option' the
name of the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the
Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting nrdefending the action or
pmoeeding, ureffecting settlement, and (ii) in any other lawful act
which in the opinion of the Company may be necessary or desirable
tuestablish the title Wthe estate urinterest auinsured, |fthe
Company is prejudiced by the failure of the insured to furnish the
required cooperation, the Company's obligations tothe insured under
the policy shall terminate, including any liability nrobligation to
defend, pmxecNa, or continue any {itigadon, with regard to the
matte/ or matters requiring such cooperation.
5. Proof of Loss or Damage.
In addition tnand after the nndoay required under Section 3 of
these Conditions and Stipulations have been provided the Company, a
9mo/ of |uoo or damage signed and sworn to by the insured claimant
shall be furnished to the Company within 90 days after the insured
claimant shall ascertain the facts giving rise tothe loss ordamage,
The proof of |ono ordamage shall describe the defect in. or lien or
encumbrance on the hda' or other matter insured against by this
policy which constitutes the basis of |ouu or damage and shall state,
tnthe extent possible, the basis ofcalculating the amount ofthe loss
or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of |000 or damage, the
Company's obligations to the insured under the policy shall ta/mina!a,
including any liability mobligation todefend, pmoeoute, or continue
any Ubgation, with regard to the matter or matters requiring such
proof of |oau or damage.
In addition, the insured claimant may reasonably be required to
submit to examination under oath by any authorized representative of
the Company and shall produce for examination, inspection and
copying, at such reasonable dmau and places as may be designated
byany authorized representative ofthe Company, all records. books,
|edgem, chadm' correspondence and memoranda, whether bearing a
du1a before nrafter Data of Policy, which reasonably pertain to the
|ooa or damage. Further, if requested by any authorized representative
of the Company, the insured claimant shall grant its ponniuoion, in
writing, for any authorized representative ofthe Company to examina,
inspect and copy all records, books, ledgers, chacks, correspondence
and memoranda in the custody or control of a third party, which
reasonably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company
pursuant to this Section shall not he disclosed to others un|eou, in
the reaoonab|ejudgment o/the Cnmpony, it is necessary in the
administration of the claim. Failure ofthe insured daimon{to submit
for examination under oath' produce other reasonably requested
information or grant permission to secure reasonably necessary
information fmmthird parties ao required inthis paragraph shall
terminate any liability ofthe Company under this policy ao|nthat
6 Options to Pay or Otherwise Settle Claims, Termination of
Liability
In ooue of claim under this pn|icy, the Company shall have the
following additional options:
(a) To Pay_o-r--Ten(jer.,Pa ment of the Amount of Insurance,
To pay urtender payment ufthe amount of insurance under this
policy together with any oosts, attorneys' fees and expenses incurred
by the insured o{aimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the Company is
obligated to pay.
Upon the mmmixa by the Company ofthis option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability orobligation
to defend, pmxecu\e, or continue any |itigndun, and the policy shall
be surrendered to the Company for cancellation.
(b) To Pay__2r Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant.
(U to pay or otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company upto
the time of payment and which the Company is obligated N pay; or
(ii) to pay urotherwise settle with the insured claimant
the |oxn or damage provided for under this policy, together with any
nnMs, attorneys' taeu and expenses incurred by the insured claimant
which were authorized by the Company up to the time of payment
and which the Company iuobligated tu pay.
Upon the exercise by the Company ofeither ofthe options
provided for in paragraphs (b�(U or (ii), the Company's obligations to
the insured under this policy for the claimed |nuu or damage, other
than the payments required to be made, uhuU tamninate, including any
|iabiUty or obligation to defend' prosecute or continue any litigation.
7 Determination, Extent of Liability.
This policy inacontract ofindemnity against actual monetary
|oxn or damage sustained or incurred by the insured claimant who
has suffered |000 o/ damage by reason of meUam insured against by
this policy and only tothe extent herein described.
(a) The liability of the Company under this policy shall not
exceed the least of:
(i) the Amount ofInsurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate
or interest as insured and the value of the insured estate or interest
subject tothe defect. lien or encumbrance insured against bythis
Policy
(b) The company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section of the Conditions and
Stipulations.
8. Apportionment
If the |and described in Schedule 4consists of two or more
parcels which are not used as a single site, and a loss is established
affecting one or more of the pamo|u but not all, the |ouo ahuU be
cumputed and settled on u pro rata basis an if the amount of
insurance tinder this policy was divided pm rata an to the value on
Data of Policy of each separate parcel N the *ho|a' exclusive of any
improvements madasubsequent to Date of Policy, unless o liability or
value has otherwise been agreed Upon as to each parcel by the
Company and the insured at the time of the issuance of this policy
and shown by an express statement orbyan endorsement attached
tnthis po|ioy�
8 Limitation of Liability
(a) If the Company establishes the title, o, mmovoo the alleged
defect, lien or encumbrance, or cures the lack of u right of access to
or from the land, or cures the claim of unma/katabi|ityoftitle, all as
muumd' in a reasonably diligent manner byany method' including
litigation and the completion nfany appeals therefrom, it shall have
frilly performed its obligations with respect to that matter and shall
not be liable for any |uuo or damage caused thereby.
(b) |nthe event ofany litigation, ino|udinglitigation bythe
Company or with the Companys consent, the Company shall have no
liability for loss ordamage until nhom has been ufina| determination
by court of competent jurisdiction, and disposition of all appeals
therefrom, adverse iothe title am insured.
(o) The Company shall not be liable for loss o/damage Nany
insured for liability voluntarily assumed by the insured in settling any
o|aim or suit without the prior written consent of the Company.
10 Reduction of Insurance; Reduction or 'r(-,,/r07ation of Liability
AU payments under this policy, except payments madofor costs,
attorneys' fees and expenses, shall reduce the amnuntofthe
insurance pro tanto.
D. liabJdyNon-cumulativa
It is expressly understood that (lie amount of insurance undar
this policy shall be reduced hyany amount the Company may pay
Linder any ;m|ioy insuring u mortgage to which exception is taken in
Schadu|a Bm10which the insured has ogeed, asoumed, or taken
uubject, or which is hereafter executed by an insured and which is o
charge or lien on the estate or interest described or referred to in
Schedule A. and the amount so paid shall be deemed u payment
unde/ this policy to the insured owner,
/2. Payment of Loss.
(o) Nopayment shall be madewithout 0mducingthis policy
for endorsement of the payment unless the policy has been |oui or
destroyed, in which uoxe proof of |ouo or destruction shall be
furnished to the satisfaction of the Company.
(b) When liability and the extent of |oou or damage has been
definitely fixed in accordance with these Conditions and Stipulations,
the loss or damage xhaU be payable within 3Odays thereafter.
/3. Subrogation Upon Payment mSettlement
(.a),,, 1"he Company's Right Of SUbLQqation.
Whenever the Company shall havo xeV|eJ and paid a claim
tinder this po/ioy, all right ufsubrogation shall vest in the Company
unaffected byany act of the insured claimant.
Thn Company shall be subrogated to and bo entitled to all
rights and mmadieowhich the inxumd claimant would have had
against any person or property in ranpaxi W the claim had this policy
not beer) issued. if requested by the Compony, the insured claimant
shall transfer to the Company all rights and remedies against any
pemon or property necessary in order to perfect this right of
oubmgahon.The insured claimant shall permit the Company to sue,
compromise or aeido in the name of the insured claimant and to use
the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
If payment on account of claim does not fully cover the |mm
of the insured claimant, the Company shall be subrogated to these
rights and remedies in the proportion which the Company's payment
bears tnthe whole umoun(ofthe |oxu�
If |nou should muu|(hom any act of the insured u|aimerk' as
stated above, that act shall not void this policy, but the Company, in
that evont, shall be required to pay only that part of any |ouueo
insured against bythe policy which shall exceed the amouni if any,
lost tothe Company by reason of the impairment bythe insured
claimant ofthe Company's right ofuubmgaiion.
The Company's right Of Subrogation against non-insured obligors
shall exist and aheU include, vvi(hnu{ limitation, the rights of the insured
to indemmitioo, guaranties, other policies ofinsurance or bonds,
notwithstanding any terms nrconditions contained in those instruments
which provide for subrogation rights byreason ufthis policy.
/4 Arbitration.
Unless prohibited b; applicable |av% arbitration pursuant to
the Tide Insurance Arbitration Rulesnfthe American Arbitration
Association may bmdemanded hagreed 1obyboth the Company
and the insured. Arbitrable matters may imclmdo, but are not
limited to, any controversy orclaim between the Company and
the insured arising out of or relating to this policy, any service of
the Company in connection with its issuance or the bmmmm6 of a
policy provision mrother 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 Ru/ms in
effect at Date w0Policy shall be binding upon the parties. The
award may include attorneys' fees only if the fmms 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 en0onmM in any court having jurisdiction
thereof.
The law of the situs of the land sha|l apply to an
arbitration under the Tide Insurance Arbitration Rules,
A copy of the Rules may he obtained from the Company
upon request.
/5. Liab//ittylin/k/d /o this Ko//oK Policy Entire Contract.
(a) Thio policy together with all endnmomoniu' if any, attached
hnmN by the Company is the anbe policy and contract between the
insured and the Company. |nin!a/p�eiingany provision ofthis policy,
this policy shall be cono\med as a whole.
(b) Any claim of loss or damage' whether or not based on
naghgence, and which arises out of the status of the dda to the
estate or interest covered hereby or by any action asserting such
claim, shall be restricted to this po|ioy.
(d No amendment do/endorsement tnthis policy can be made
except by writing endorsed hereon or attached hereto signed by either
the President, aVice President, the Socmtary, onAssistant Secretary, or
validating officer or authorized signatory of the Company.
/6 Severability
|nthe event any provision oithe policy ioheld invalid or
unenforceable under applicable law, the policy shall be deemed riot to
include that provision and all other provisions shall remain infull
home and effect.
/Z &htioax Where Sent,
All notices required to bagiven the Company and any statement in
writing required tubefurnished the Company shall include the number o[
this policy and shall be addressed iothe Company at its home office,