Loading...
HomeMy WebLinkAboutDFC Seminole Crossing, LLC Conveyance of Real Property (Dream Finders Townhomes) - 2020 07 31GARGANESE, WEISS, UAGRESTA & SALZMAN, P.A. Attorneys at Lain 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 July 31, 2020 Christian Gowan, Interim City Clerk City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Anthony A. Garganese Board Certified City, County & Local Government Law agarganeseCotlandolaw.net Re: Dream Finders Townhomes Conveyance of Real Property from DFC Seminole Crossing, LLC Dear Christian: With respect to the conveyance of real property from DFC Seminole Crossing, LLC, please .find enclosed the following documents: 1. Original Special Warranty Deed recorded in O.R. Book 9631, Page 1046; 2. Original Affidavit of DFC Seminole Crossing LLC recorded in O.R. Book 9631, Page 1044; 3. Original Partial Release of Mortgage recorded in O.R. Book 9631, Page 1048; and 4. Original Owner's Policy of Title Insurance issued by Fidelity National Title Insurance Company. Please retain these records for safekeeping purposes. Garganese AAG/nh Enclosures cc: Shawn Boyle, City Manager Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.net • Einail: firm@orlandolaw.net PREPARED BY AND RETURN TO: Andrei Korotkov, Esq. DF Title, LLC 14701 Philips Highway, Suite 101 Jacksonville, Florida 32256 File No. CM20-0183 IRecordeo ec © nically DCouate U rto Time -Simplilile.com 800,460.5857 k ,'10.3/ r&. IoW, Parcel ID No. 26-20-30-5AR-OA00-007N SPECIAL WARRANTY DEED This Special Warranty Deed is executed this 19th day of June, 2020, by DFC SEMINOLE CROSSING, LLC, a Florida limited liability company ("Grantor") whose post office address is 14701 Philips Highway, Suite 300, Jacksonville, Florida 32256 to the CITY OF WINTER SPRINGS, a Florida municipal corporation ("Grantee") whose post office address is 1126 East S.R. 434, Winter Springs, Florida 32078. "Grantor" and "Grantee" are used for singular or plural, as context requires. Witnesseth, that Grantor, for the sum of $10 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 the following described property: A PORTION OF LOTS 7 AND 8, BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2516, SHEET 10 OF 13, P.I. STATION 600+32.11); RUN THENCE SOUTH 38°23'34" EAST, A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE NORTH 50°3 F58" EAST, A DISTANCE OF 97.29 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE CONTINUE NORTH 50°31'58" EAST, A DISTANCE OF 739.15 FEET FOR A POINT OF BEGINNING; THENCE NORTH 50°31'58" EAST, A DISTANCE OF 294.33 FEET; THENCE NORTH 39°28'02" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 50°31'58" EAST, A DISTANCE OF 106.44 FEET; THENCE SOUTH 83°03'12" EAST, A DISTANCE OF 94.74 FEET; THENCE SOUTH 47°54'36" EAST, A DISTANCE OF 34.00 FEET; THENCE SOUTH 37059'33" EAST, A DISTANCE OF 57.62 FEET; THENCE SOUTH 68°24'08" EAST, A DISTANCE OF 52.48 FEET TO A POINT ON THE EASTERLY LINE OF BLOCK "A", SAID D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP; THENCE SOUTH 05013'52" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 251.46 FEET; THENCE SOUTH 62036'00" WEST, A DISTANCE OF 109.52 FEET; THENCE SOUTH 50°54'04" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 22°01'13" WEST, A DISTANCE OF 65.99 FEET; THENCE SOUTH 29°00'27" WEST, A DISTANCE OF 44.28 FEET; THENCE SOUTH 52003-03" WEST, A DISTANCE OF 9.60 FEET; THENCE SOUTH 28°03'23" WEST, A DISTANCE OF 97.92 FEET; THENCE NORTH 39°28'25" WEST, A DISTANCE OF 431.48 FEET TO THE POINT OF BEGINNING. This conveyance is subject to easements, restrictions, reservations, and limitations of record, if any, and 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 Grantor hereby covenants to warrant and defend the title to the land hereby conveyed from any and all lawful claims which arise by, through or under Grantor, but against no others, except taxes accruing subsequent to December 31, 2019. In Witness Whereof, Grantor has signed and sealed these presents the day and year above written. Signed, sealed and delivered as to Grantor in the presen of: Signature of Witness 1 l 1cvakw(l Print Name of Witness 1 P, 1 �.OSignature of Witnes r"4 � I '�' I \' 420 ) w Print ame of WA&ss STATE OF FLORIDA COUNTY OF DUVAL DFC SEMINOLE CROSSING, LLC, a Florida limited liability company Jo lanton, Vice President The foregoing instrument was acknowledged before me by means of physical presence, this 19th day of June, 2020 by John Blanton, the Vice President of DFC SEMINOLE CROSSING, LLC, a Florida limited liability Company, on behalf of the company, who is personally known to me. (SEAL) Notary Public Gail D. Pylipow My Commission Expires: to Y NOTARY PUBLIC x -STATE OF FLORIDA -�Cpmm#GG210237 ONCE�� Expires 412712022 SPECIAL WARRANTY DEED — DFC SEMMOLE CROSSING, LLC Page 2 of 2 "rant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst#2020065306 Book:9631 Page:1046-1047; (2 PAGES) RCD: 6/23/2020 10:45:55 AM REC FEE $18.50 DOC STAMPS $525.00 PREPARED BY AND RETURN TO: Andrei Korotkov, Esq. DF Title, LLC 14701 Philips Highway, Suite 101 Jacksonville, Florida 32256 File No. CM20-0183 Parcel ID No. 26-20-30-5AR-OA00-007N SPECIAL WARRANTY DEED This Special Warranty Deed is executed this 19th day of June, 2020, by DFC SEMINOLE CROSSING, LLC, a Florida limited liability company ("Grantor") whose post office address is 14701 Philips Highway, Suite 300, Jacksonville, Florida 32256 to the CITY OF WINTER SPRINGS, a Florida municipal corporation ("Grantee") whose post office address is 1126 East S.R. 434, Winter Springs, Florida 32078. "Grantor" and "Grantee" are used for singular or plural, as context requires. Witnesseth, that Grantor, for the sum of $10 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 the following described property: A PORTION OF LOTS 7 AND 8, BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2516, SHEET 10 OF 13, P.I. STATION 600+32.11); RUN THENCE SOUTH 38023134" EAST, A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE NORTH 5091'58" EAST, A DISTANCE OF 97.29 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE CONTINUE NORTH 5091'58" EAST, A DISTANCE OF 739.15 FEET FOR A POINT OF BEGINNING; THENCE NORTH 509 P58" EAST, A DISTANCE OF 294.33 FEET; THENCE NORTH 39°28'02" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 50-31-58" EAST, A DISTANCE OF 106.44 FEET; THENCE SOUTH 83°03'12" EAST, A DISTANCE OF 94.74 FEET; THENCE SOUTH 475416" EAST, A DISTANCE OF 34.00 FEET; THENCE SOUTH 37059'33" EAST, A DISTANCE OF 57.62 FEET; THENCE SOUTH 68°24'08" EAST, A DISTANCE OF 52.48 FEET TO A POINT ON THE EASTERLY LINE OF BLOCK "A", SAID D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP; THENCE SOUTH 05013'52" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 251.46 FEET; THENCE SOUTH 62036'00" WEST, A DISTANCE OF 109.52 FEET; THENCE SOUTH 50°54'04" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 22°01'13" WEST, A DISTANCE OF 65.99 FEET; THENCE SOUTH 29°00'27" WEST, A DISTANCE OF 44.28 FEET; THENCE SOUTH 52003'03" WEST, A DISTANCE OF 9.60 FEET; THENCE SOUTH 28'03'23" WEST, A DISTANCE OF 97.92 FEET; THENCE NORTH 39°28'25" WEST, A DISTANCE OF 431.48 FEET TO THE POINT OF BEGINNING. Book 9531 Page 1047 Instrument# 2020065306 This conveyance is subject to easements, restrictions, reservations, and limitations of record, if any, and 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 Grantor hereby covenants to warrant and defend the title to the land hereby conveyed from any and all lawful claims which arise by, through or under Grantor, but against no others, except taxes accruing subsequent to December 31, 2019. In Witness Whereof, Grantor has signed and sealed these presents the day and year above written. Signed, sealed and delivered as to Grantor in the presen ., of I' Signature of Witness 1 mj'�r� Print Name of Witness 1 Signature �ofWitnes F3 1 PrinZIGirie of W ss STATE OF FLORIDA COUNTY OF DUVAL DFC SEMINOLE CROSSING, LLC, a Florida limited liability company Joh't lanton, Vice President The foregoing instrument was acknowledged before me by means of physical presence, this 19th day of June, 2020 by John Blanton, the Vice President of DFC SEMINOLE CROSSING, LLC, a Florida limited liability Company, on behalf of the company, who is personally known to me. rq (SEAL) Notary Public APO Gail D. Pylipow My Commission Expires: NOTARY PUBLIC x —STATE OF FLORIDA Comrn#GG210237 f i $ Expires 4/2712022 SPECIAL WARRANTY DEED — DFC SEMINOLE CROSSING, LLC Page 2 of 2 driRecordoed Electronically PREPARED BY AND RETURN TO: County DF Title, LLC Andrei Korotkov, Esq . Date Time S 14701 Philips Highway, Suite 101 Simplifile.com 800.460.5657 Jacksonville, Florida 32256 2)60 &31 AFFIDAVIT OF DFC SEMINOLE CROSSING, LLC, A FLORIDA LIMITED LIABILITY COMPANY STATE OF FLORIDA COUNTY OF DUVAL Before me, the undersigned authority, personally appeared JOHN BLANTON (the "Affiant"), who after first being duly sworn according to law, deposes and says: 1. That the Affiant is the Vice President of DFC SEMINOLE CROSSING, LLC, a Florida limited liability company (the "Company"); 2. That the Company was formed on or about May 1, 2019, is active, and has not been dissolved as of date hereof as a result of the death, bankruptcy, or dissolution of a member of the Company, or the transfer of termination of a member's interest; 3. That the Affiant has the authority to execute all requisite closing documents on behalf of the Company, affecting the Property, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference; 4. That execution of closing documents by the Affiant on behalf of the Company is in conformity with the Articles of Organization, Operating Agreement and/or regulations of the Company; 5. That the Company is currently not a debtor in any bankruptcy proceeding; 6. That this affidavit is given to induce Fidelity National Title Insurance Company to issue lender's title insurance policy insuring the contemplated transaction. 7. That Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature. The Affiant further certifies that he has fully read this affidavit and understands its contents. DFC SEMINOLE CROSSING, LLC, a Florida limited liability company By: JOHN BLANTON, VICE PRESIDENT The following document was sworn to, subscribed and acknowledged before me my means of physical presence, this 19th day of June, 2020, by John Blanton, the Vice President of DFC SEMINOLE CROSSING, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me. No ry ublic, tate of r a Printed Name: Commission Number: Gail D. Py 00W My Commission Expires: a,,hssr v N0TARY PUBLIC STATE OF FLORIDA aComrn#GG210237 S1NCE y9�$ Expires 412712022 LLC Affidavit CM20-0183 EXHIBIT "A" PROPERTY A PORTION OF LOTS 7 AND 8, BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2516, SHEET 10 OF 13, P.I. STATION 600+32.11); RUN THENCE SOUTH 38023'34" EAST, A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE NORTH 50031'58" EAST, A DISTANCE OF 97.29 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE CONTINUE NORTH 50"31'58" EAST, A DISTANCE OF 739.15 FEET FOR A POINT OF BEGINNING; THENCE NORTH 50031'58" EAST, A DISTANCE OF 294.33 FEET; THENCE NORTH 39028'02" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 50031'58" EAST, A DISTANCE OF 106.44 FEET; THENCE SOUTH 83003'12" EAST, A DISTANCE OF 94.74 FEET; THENCE SOUTH 47054'36" EAST, A DISTANCE OF 34.00 FEET; THENCE SOUTH 37059'33" EAST, A DISTANCE OF 57.62 FEET; THENCE SOUTH 68024'08" EAST, A DISTANCE OF 52.48 FEET TO A POINT ON THE EASTERLY LINE OF BLOCK "A", SAID D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP; THENCE SOUTH 05013'52" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 251.46 FEET; THENCE SOUTH 62036'00" WEST, A DISTANCE OF 109.52 FEET; THENCE SOUTH 50054'04" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 22001'13" WEST, A DISTANCE OF 65.99 FEET; THENCE SOUTH 29000'27" WEST, A DISTANCE OF 44.28 FEET; THENCE SOUTH 52003'03" WEST, A DISTANCE OF 9.60 FEET; THENCE SOUTH 28003'23" WEST, A DISTANCE OF 97.92 FEET; THENCE NORTH 39028'25" WEST, A DISTANCE OF 431.48 FEET TO THE POINT OF BEGINNING. LLC Affidavit CM20-0183 Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst#2020065305 Book:9631 Page:1044-1045; (2 PAGES) RCD: 6/23/2020 10:45:55 AM REC FEE $18.50 PREPARED BY AND RETURN TO: DF Title, LLC Andrei Korot;kov, Esq . 14701 Philips Highway, Suite 101 Jacksonville, Florida 32256 AFFIDAVIT OF DFC SEMINOLE CROSSING, LLC, A FLORIDA LIMITED LIABILITY COMPANY STATE OF FLORIDA COUNTY OF DUVAL Before me, the undersigned authority, personally appeared JOHN BLANTON (the "Affiant"), who after first being duly sworn according to law, deposes and says: 1. That the Affiant is the Vice President of DFC SEMINOLE CROSSING, LLC, a Florida limited liability company (the "Company"); 2. That the Company was formed on or about May 1, 2019, is active, and has not been dissolved as of date hereof as a result of the death, bankruptcy, or dissolution of a member of the Company, or the transfer of termination of a member's interest; 3. That the Affiant has the authority to execute all requisite closing documents on behalf of the Company, affecting the Property, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference; 4. That execution of closing documents by the Affiant on behalf of the Company is in conformity with the Articles of Organization, Operating Agreement and/or regulations of the Company; 5. That the Company is currently not a debtor in any bankruptcy proceeding; 6. That this affidavit is given to induce Fidelity National Title Insurance Company to issue lender's title insurance policy insuring the contemplated transaction. 7. That Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature. The Affiant further certifies that he has fully read this affidavit and understands its contents. DFC SEMINOLE CROSSING, LLC, a Florida limited liability company By. JOHN BLANTON, VICE PRESIDENT The following document was sworn to, subscribed and acknowledged before me my means of physical presence, this 19th day of June, 2020, by John Blanton, the Vice President of DFC SEMINOLE CROSSING, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me. Notary ublic, tate of r a Printed Name: Commission Number: Isoe Gail D. P&Ow My Commission Expires: NOTARYPUBLIC STATE OF FLORIDA Cann# GG210237 Expires 4127/2022 LLC Affidavit CM20-0183 Book 9631 Pagge 1045 Instrument# 2020065305 EXHIBIT "A" PROPERTY A PORTION OF LOTS 7 AND 8, BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2516, SHEET 10 OF 13, P.I. STATION 600+32.11); RUN THENCE SOUTH 38123'34" EAST, A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE NORTH 50031'58" EAST, A DISTANCE OF 97.29 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE CONTINUE NORTH 50031'58" EAST, A DISTANCE OF 739.15 FEET FOR A POINT OF BEGINNING; THENCE NORTH 50031'58" EAST, A DISTANCE OF 294.33 FEET; THENCE NORTH 39028'02" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 50031'58" EAST, A DISTANCE OF 106.44 FEET; THENCE SOUTH 83003'12" EAST, A DISTANCE OF 94.74 FEET; THENCE SOUTH 47054'36" EAST, A DISTANCE OF 34.00 FEET; THENCE SOUTH 37059'33" EAST, A DISTANCE OF 57.62 FEET; THENCE SOUTH 68124'08" EAST, A DISTANCE OF 52.48 FEET TO A POINT ON THE EASTERLY LINE OF BLOCK "A", SAID D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP; THENCE SOUTH 05013'52" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 251.46 FEET; THENCE SOUTH 62036'00" WEST, A DISTANCE OF 109.52 FEET; THENCE SOUTH 50054'04" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 22001'13" WEST, A DISTANCE OF 65.99 FEET; THENCE SOUTH 29000'27" WEST, A DISTANCE OF 44.28 FEET; THENCE SOUTH 52003'03" WEST, A DISTANCE OF 9.60 FEET; THENCE SOUTH 28003'23" WEST, A DISTANCE OF 97.92 FEET; THENCE NORTH 39028'25" WEST, A DISTANCE OF 431.48 FEET TO THE POINT OF BEGINNING. LLC Affidavit CM20-0183 PREPARED BY AND RETURN TO: Andrei Korotkov, Esq. DF Title, LLC 14701 Philips Highway, Suite 101 Jacksonville, Florida 32256 File No. CM20-0183 Parcel ID No. 26-20-30-5AR-OA00-007N IRecorrded Electro'cally Ccc�nty Date , prime / , Simplifile.com 800.460.5857 � o k. 4 !,31 Pr , /Cws PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, FLAGSTAR BANK, FSB, with an address of 5151 Corporate Drive, Troy, MI 48098, (hereinafter, the "Mortgagee'), is the owner and the holder of the following loan documents made by DFC SEMINOLE CROSSING, LLC, a Florida limited liability company (hereinafter, the "Mortgagor, which are recorded in the Public Records of Seminole County, Florida as follows (collectively, hereinafter the "Mortgage"): CONSTRUCTION MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECUITY AGREEMENT (INCLUDING FIXTURE FILING), dated March 25, 2020, mortgaged in favor of the premises therein particularly described, to secure payment of the maximum principal sum of FIVE MILLION SIX HUNDRED SEVENTY THOUSAND and NO/100 DOLLARS ($5,670,000.00) with interest as therein mentioned, recorded March 27, 2020, in Official Records Book 9567, Page 630 of Seminole County, Florida, as may be amended, modified, and/or increased via future -advances; ASSIGNMENT OF RIGHTS UNDER COVENANTS, CONDITIONS AND RESTRICTIONS, SALES AGREEMENTS, PERMITS AND DEVELOPMENT DOCUMENTS, dated March 25, 2020 and recorded on March 27, 2020 in Official Records Book 9567, Page 665 of Seminole County, Florida; and UCC FINANCING STATEMENT recorded on March 27, 2020 in Official Records Book 9567, Page 675 of Seminole County, Florida. AND WHEREAS, the said Mortgagor has requested the said Mortgagee release the premises hereinafter described, being part of said mortgaged premises, from the lien and operation of said Mortgage and all related documentation thereof; NOW THEREFORE, that the said Mortgagee in consideration of the payment of Ten Dollars ($10.00) and other valuable consideration, paid by the said Mortgagor at the time of the execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quitclaim, exonerate and discharge forever from the lien and operation of said Mortgage unto the said Mortgagor, his heirs and assigns, all that piece, parcel or tract of land, being a part of the premises conveyed by said Mortgage, to wit: A PORTION OF LOTS 7 AND 8, BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARTIAL RELEASE — FLAGSTAR BANK, FSB — SEMINOLE COUNTY, FL Page 1 COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2516, SHEET 10 OF 13, P.I. STATION 600+32.11); RUN THENCE SOUTH 38023'34" EAST, A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE NORTH 50031'58" EAST, A DISTANCE OF 97.29 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE CONTINUE NORTH 5003 F58" EAST, A DISTANCE OF 739.15 FEET FOR A POINT OF BEGINNING; THENCE NORTH 50*31'58" EAST, A DISTANCE OF 294.33 FEET; THENCE NORTH 39028'02" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 50°31'58" EAST, A DISTANCE OF 106.44 FEET; THENCE SOUTH 83003'12" EAST, A DISTANCE OF 94.74 FEET; THENCE SOUTH 47°54'36" EAST, A DISTANCE OF 34.00 FEET; THENCE SOUTH 37°59'33" EAST, A DISTANCE OF 57.62 FEET; THENCE SOUTH 68024'08" EAST, A DISTANCE OF 52.48 FEET TO A POINT ON THE EASTERLY LINE OF BLOCK "A", SAID D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP; THENCE SOUTH 05013'52" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 251.46 FEET; THENCE SOUTH 62°36'00" WEST, A DISTANCE OF 109.52 FEET; THENCE SOUTH 50°54'04" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 22001'13" WEST, A DISTANCE OF 65.99 FEET; THENCE SOUTH 29000-27" WEST, A DISTANCE OF 44.28 FEET; THENCE SOUTH 52°03'03" WEST, A DISTANCE OF 9.60 FEET; THENCE SOUTH 28°03'23" WEST, A DISTANCE OF 97.92 FEET; THENCE NORTH 39°28'25" WEST, A DISTANCE OF 431.48 FEET TO THE POINT OF BEGINNING. TO HAVE AND TO HOLD the same, with the appurtenances, unto the said Mortgagor, his heirs and assigns forever, freed, exonerated and discharged of and from the lien of said Mortgage, and every part thereof; provided always, nevertheless, that nothing herein contained shall in anywise impair, alter or diminish the effect, lien or encumbrance of the aforesaid Mortgage on the remaining part of said mortgaged premises not hereby released therefrom, or any of the rights and remedies of the holder thereof. [Signature page to follow] PARTIAL RELEASE — FLAGSTAR BANK, FSB — SEMINOLE COUNTY, FL Page 2 IN WITNESS WHEREOF, the Mortgagee has executed this Partial Release of Mortgage effective as of the Z L day of , 2020. Signed and sealed in the presence of.- 0- [Print or Type Name] r STATE OF�� COUNTY OFy�rs FLAGSTAR B ,FSB By: Name: C S ; ct Title: The foregoing instrument was acknowledged before me by means of physical presence, this _ day of —. 2020, by C�e ,,3 the of FLAGSTAR BANK, FSB, on behalf of the company. Such person: notary must check applicable box) is/are personally known to me. produced a current Florida driver's license as identification. produced {Notary Seal must be affixed} fe ALICIA SILVA Notary 51620 ycomDs10 ExpireMy Commission Expires April 26, 2021 as identification. I Signature of Notary ` t,\"C-\a ::;ItV"C, Name of Notary Typed, Printed or Stamped) Commission Number (if not legible on seal): I —?A Z 5 1 ce, 2c° My Commission Expires (if not legible on seal): 1-k— oz00 - zogr� PARTIAL RELEASE — FLAGSTAR BANK, FSB — SEMINOLE COUNTY, FL Page 3 Grant Maloyy, Clerk Of The Circuit Court &Comptroller Seminole County, FL Inst #2020065307 Book:9631 Page:1048-1050; (3 PAGES) RCD: 6/23/2020 10:45:55 AM REC FEE $27.00 PRFPARF,D BY AND RETURN TO: Andrei Korotkov, Esq. DF Title, LLC 14701 Philips Highway, Suite 101 Jacksonville, Florida 32256 File No. CM20-0183 Parcel ID No. 26-20-30-5AR-OA00-007N PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, FLAGSTAR BANK, FSB, with an address of 5151 Corporate Drive, Troy, MI 48098, (hereinafter, the "Mortgagee"), is the owner and the holder of the following loan documents made by DFC SEMINOLE CROSSING, LLC, a Florida limited liability company (hereinafter, the "Mortgagor, which are recorded in the Public Records of Seminole County, Florida as follows (collectively, hereinafter the "Mortgage"): CONSTRUCTION MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECUITY AGREEMENT (INCLUDING FIXTURE FILING), dated March 25, 2020, mortgaged in favor of the premises therein particularly described, to secure payment of the maximum principal sum of FIVE MILLION SIX HUNDRED SEVENTY THOUSAND and NO/100 DOLLARS ($5,670,000.00) with interest as therein mentioned, recorded March 27, 2020, in Official Records Book 9567, Page 630 of Seminole County, Florida, as may be amended, modified, and/or increased via future -advances; ASSIGNMENT OF RIGHTS UNDER COVENANTS, CONDITIONS AND RESTRICTIONS, SALES AGREEMENTS, PERMITS AND DEVELOPMENT DOCUMENTS, dated March 25, 2020 and recorded on March 27, 2020 in Official Records Book 9567, Page 665 of Seminole County, Florida; and UCC FINANCING STATEMENT recorded on March 27, 2020 in Official Records Book 9567, Page 675 of Seminole County, Florida. AND WHEREAS, the said Mortgagor has requested the said Mortgagee release the premises hereinafter described, being part of said mortgaged premises, from the lien and operation of said Mortgage and all related documentation thereof, NOW THEREFORE, that the said Mortgagee in consideration of the payment of Ten Dollars ($10.00) and other valuable consideration, paid by the said Mortgagor at the time of the execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quitclaim, exonerate and discharge forever from the lien and operation of said Mortgage unto the said Mortgagor, his heirs and assigns, all that piece, parcel or tract of land, being a part of the premises conveyed by said Mortgage, to wit: A PORTION OF LOTS 7 AND 8, BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARTIAL RELEASE — FLAGSTAR BANK, FSB — SEMINOLE COUNTY, FL Page 1 Book 9631 Page 1049 Instrument# 2C 20065307 COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2516, SHEET 10 OF 13, P.I. STATION 600+32.11); RUN THENCE SOUTH 38023'34" EAST, A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE NORTH 50031'58" EAST, A DISTANCE OF 97.29 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE CONTINUE NORTH 50031'58" EAST, A DISTANCE OF 739.15 FEET FOR A POINT OF BEGINNING; THENCE NORTH 50°31'58" EAST, A DISTANCE OF 294.33 FEET; THENCE NORTH 39028'02" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 50-31'58" EAST, A DISTANCE OF 106.44 FEET; THENCE SOUTH 83'03'12" EAST, A DISTANCE OF 94.74 FEET; THENCE SOUTH 47°54'36" EAST, A DISTANCE OF 34.00 FEET; THENCE SOUTH 37059'33" EAST, A DISTANCE OF 57.62 FEET; THENCE SOUTH 68024'08" EAST, A DISTANCE OF 52.48 FEET TO A POINT ON THE EASTERLY LINE OF BLOCK "A", SAID D.R. MITCHELL'S SURVEY OF THE I,F.VY GRANT ON LAKE JESSUP; THENCE SOUTH 05°13'52" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 251.46 FEET; THENCE SOUTH 6203600" WEST, A DISTANCE OF 109.52 FEET; THENCE SOUTH 50°54'04" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 22°01'13" WEST, A DISTANCE OF 65.99 FEET; THENCE SOUTH 29000'27" WEST, A DISTANCE OF 44.28 FEET; THENCE SOUTH 52°03'03" WEST, A DISTANCE OF 9.60 FEET; THENCE SOUTH 28003'23" WEST, A DISTANCE OF 97.92 FEET; THENCE NORTH 39°28'25" WEST, A DISTANCE OF 431.48 FEET TO THE POINT OF BEGINNING. TO HAVE AND TO HOLD the same, with the appurtenances, unto the said Mortgagor, his heirs and assigns forever, freed, exonerated and discharged of and from the lien of said Mortgage, and every part thereof; provided always, nevertheless, that nothing herein contained shall in anywise impair, alter or diminish the effect, lien or encumbrance of the aforesaid Mortgage on the remaining part of said mortgaged premises not hereby released therefrom, or any of the rights and remedies of the holder thereof. [Signature page to follow] PARTIAL RELEASE — FLAGSTAR BANK, FSB — SEMINOLE COUNTY, FL Page 2 Book 9631 Pagge 1050 Instrument# 2020065307 IN WITNESS WHEREOF, the Mortgagee has executed this Partial Release of Mortgage effective as of the ZL day of (c , 2020. Signed and sealed in the presence of: [Print or Type Name] [Print or Type Na ] STATE OF 1r c S COUNTY OF rv�5 FLAGSTAR_B ,FSB By: ���/) Name G S ce Title: The foregoing instrument was acknowledged before me by means of phy 'cal presence, this7,Z day of V , 2020, by V.-�)vPu,� G "4A N Lac , the C 3 ce of FLAGSTAR BANK, FSB, on behalf of the company. Such person: otary must check applicable box) C ■ ■ is/are personally known to me. produced a current Florida driver's license as identification. produced (Notary Seal must be affixed) 06 AUCIA SILVA Notary ID #124251620 My Commission Expires April 28, 2021 as identification. Signature of Notary ` �C-L��,.C_��'A ::�t\vC, Name of Notary Typed, Printed or Stamped) Commission Number (if not legible on seal): %,Ly 2..E 1 (g'Z�j My Commission Expires (if not legible on seal): PARTIAL RELEASE — FLAGSTAR BANK, FSB — SEMINOLE COUNTY, FL Page 3 10 Fidelity National ' tle lns®rAnce compally Policy No.: 133057-1-CM20-0183-2020.2730609-220383822 OWNER'S POLICY OF TITLE INSURANCE Issued by FIDELITY 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 FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation, (the "Company") insures as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, 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. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 6 (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 judgment or lien creditor. 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. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized icers. FIDELITY NATIONAL TITLE INSURANCE COMPANY Co ign Authorized Officer or Agent DF Title, LLC ZQ° Q¢ p 4rfi Dandy R. Quirk 14701 Philips Hwy., Suite 101 S�EiL �M President Jacksonville, FL 32256-3727 so; Tel:904-503-5170 °„'•• , • ..•�'�* `` Fax: 1411kiAcas"`��`'�* Attest: 702,k ^7( Marjorie Nemzura Secretary 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any 4 derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 6 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a)"Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b)"Date of Policy": The date designated as 'Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d)"Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1)if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2)if the grantee wholly owns the named Insured, (3)if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4)if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (6), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g)"Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h)"Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS (a)Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, 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 covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b)The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right 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 securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that 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 be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii)To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. S. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a)If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. 2730609 ALTA Owners Policy 06/17/06 w-FL Mod _306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any: derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 6 (b)In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION 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 a 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. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a)This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT 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 FIDELITY NATIONAL TITLE INSURANCE COMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. 2730609 ALTA Owners Policy 06/17/06 w-FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any �. derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. `ILI All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 6 v k` Fidelity National Title Insurance Company POLICY OF TITLE INSURANCE SCHEDULE A Fidelity National Title Insurance Company DF Title, LLC dba Golden Dog Title & Trust, LLC 14701 Philips Highway, Suite 101 Jacksonville, FL 32256 Policy Number: 2730609-220383822 Address Reference: Michael Blake Boulevard Winter Springs, FL Seminole County (for informational purposes only) Date of Policy: June 23, 2020 at 10:45 AM 1. Name of Insured: CITY OF WINTER SPRINGS, a Florida Municipal Corporation 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Order Number: 8430618 Customer Reference: CM20-0183 Amount of Insurance: $75,000.00 Premium: CITY OF WINTER SPRINGS, a Florida Municipal Corporation, by virtue of Special Warranty Deed recorded in Official Records Book9631, page 1046,ofthe public records of Seminole County, Florida. 4. The land referred to in this policy is described in Exhibit "A" attached hereto and made part hereof. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED ALTA Owner's Policy (6/17/06) 2730609 1 of 4 (with Florida Modifications)_ Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Arb: All other uses are prohibited. Reprinted under license from the American Land Title Association. Policy No.: 2730609-220383822 Order No.: 8430618 Fidelity National Title Insurance Company Customer Reference: CM20-0183 EXHIBIT "A- A PORTION OF LOTS 7 AND 8, BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, SAID LANDS LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2516, SHEET 10 OF 13, P.I. STATION 600+32.11); RUN THENCE SOUTH 38123'34" EAST, A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE NORTH 50031'58" EAST, A DISTANCE OF 97.29 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE CONTINUE NORTH 50131'58" EAST, A DISTANCE OF 739.15 FEET FOR A POINT OF BEGINNING; THENCE NORTH 50031'58" EAST, A DISTANCE OF 294.33 FEET; THENCE NORTH 39028'02" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 50°31'58" EAST, A DISTANCE OF 106.44 FEET; THENCE SOUTH 83003'12" EAST, A DISTANCE OF 94.74 FEET; THENCE SOUTH 47054'36" EAST, A DISTANCE OF 34.00 FEET; THENCE SOUTH 37159'33" EAST, A DISTANCE OF 57.62 FEET; THENCE SOUTH 68024'08" EAST, A DISTANCE OF 52.48 FEET TO A POINT ON THE EASTERLY LINE OF BLOCK "A", SAID D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP; THENCE SOUTH 05013'52" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 251.46 FEET; THENCE SOUTH 62036'00" WEST, A DISTANCE OF 109.52 FEET; THENCE SOUTH 50054'04" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 22001'13" WEST, A DISTANCE OF 65.99 FEET; THENCE SOUTH 29000'27" WEST, A DISTANCE OF 44.28 FEET; THENCE SOUTH 52003'03" WEST, A DISTANCE OF 9.60 FEET; THENCE SOUTH 28003'23" WEST, A DISTANCE OF 97.92 FEET; THENCE NORTH 39128'25" WEST, A DISTANCE OF 431.48 FEET TO THE POINT OF BEGINNING. ALTA Owner's Policy (6/17/06) 2730609 2 of (with Florida Modifications)_ Copyright American Land Title Association. All rights reserved. �! The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Policy No.: 2730609-220383822 Order No.: 8430618 0 Fidelity National Title Insurance Company Customer Reference: CM20-0183 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Taxes and assessments for the year 2020 and subsequent years, which are not yet due and payable. 2. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land. 3. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 4. Easement(s) contained in instrument recorded in Official Records Book 4092, page 164. 4092-164 5. Restrictive Covenants recited in Official Records Book Third Amendment to Memorandum of Lease recorded in Official Records Book 6265, page 934. 6265-934 6. Future Development Commitment Agreement with City of Winter Springs Florida recorded in Official Records Book 7486, page 146. 7486-146 7. Drainage Easement recorded in Official Records Book 9168, page 1520. 9168-1520 8. Development Agreement recorded in Official Records Book 9535, page 1782. 9535-1782 9. Resolution No. 2020-07 recorded in Official Records Book 9600, page 592. 9600-592 ALTA Owner's Policy (6/17/06) 2730609 3 of 4 (with Florida Modifications)_ Copyright Amedcan Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Policy No.: 2730609-220383822 Order No.: 8430618 Fidelity National Title Insurance Company Customer Reference: CM20-0183 SCHEDULE B EXCEPTIONS FROM COVERAGE NOTE: All recording references in this form shall refer to the public records of Seminole County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting Fidelity National Title Insurance Company, Telephone 1-800-669-7450. ALTA Owner's Policy (6/17/06) 2730609 4 of (with Florida Modifications)_ Copyright American Land Title Association. All rights reserved. = c The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.