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HomeMy WebLinkAbout2010 - Title Insurance Commonwealth ,AND TITLE INSURANCE COMPANY Policy No.: FL0172-81-23482-2010.8110609-81122714 OWNER'S POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company also will pay the costs,attorneys'fees and expenses incurred in defense of the title,as insured,but only to the extent provided in the Conditions and Stipulations. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation 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 notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. IN WITNESS WHEREOF, the company has caused this policy to be signed with the facsimile signatures of its President and Secretary and seal as required by its By-Laws. COMMONWEALTH LAND TITLE INSURANCE COMPANY — L Authorized ig tory.) ast nnatr- ,t Emily Parry \--) SEAL FL0172 23482 e;�•, r;#' "'r''" itr'a ' *Ell640 American Government Services Corp 3812 W Linebaugh Ave scnciry Tampa,FL 33618 Tel:(813)933-3322 Fax:(813)931-3362 Fonn 8110609 Reorder 1190-21B ALTA Owner's Policy(10/17/92)with Florida Modifications American Government Services 3812 W. Linebaugh Avenue Tampa, Florida 33618 (813) 933-3355 POLICY FOR TITLE INSURANCE SCHEDULE A Issued with Policy No.: N/A Policy No.: 81122714 File Number: 23482 Amount of Insurance: $750,000.00 Effective Date: July 12, 2010 at 11:53 A.M. 1. Name of Insured: The City of Sebastian, a Florida municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 2431, Page 1266, of the Public Records of Indian River County, Florida. 3. The land referred to in this policy is described as follows: See Attached Exhibit"A" American Government Services Corporation 3812 W. Linebaugh Avenue Tampa, FL 33618 (813) 933-3355 Countersigned: daligG" Authorized ( fficTr of Agent SCHEDULE B Policy Number: 81122714 File Number: 23482 This policy does not insure against loss or damage by reason of the following exceptions: 1. Any claim that any part of said property is owned by State of Florida by right of sovereignty, and riparian rights, if any. 2. The right, if any, of the public use as a public beach or recreation area any part of the land seaward of the most inland of any of the following: A) the natural line of vegetation; B) the most extreme high water line; C) the bulkhead line; and D) any other line which has been legally established as relating to such public use. 3. The nature, extent or existence of riparian rights are not insured. 4. Any and all rights of the United States of America over any lands now or formerly lying under navigable waters, arising by reason of the authority of the United States of America to control navigable waters in the interest of navigation and commerce, and any conditions contained in any permit authorizing the filling in of such areas. 5. Terms and conditions of Temporary Use Agreement by and between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and the Henry J. Dabrowski Irrevocable Trust UTA July 17, 2007, dated February 5, 2010 and recorded February 22, 2010 in Official Records Book 2401, Page 147, of the Public Records of Indian River County, Florida. 6. Matters as set forth on the Plat of Middleton's Subdivision of City of Sebastian as recorded in Plat Book 2, Page 56, of the Public Records of I ndian River County, Florida; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604(c). NOTE: In accordance with Florida Statute 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 Commonwealth Land Company Regional Office, 20 North Orange Avenue, Orlando, FL 32801. Telephone (407) 481-8181. EXHIBIT "A" LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2, PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE (BEING A POINT 37.15 FEET DUE EAST OF THE CENTERLINE OF INDIAN RIVER DRIVE), THE POINT OF BEGINNING; THENCE NORTHERLY 118°41'37" ALONG THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE, A DISTANCE OF 184.75 FEET MORE OR LESS TO A CONCRETE MONUMENT MARKED "X"; THENCE RUN EAST 10° NORTH OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER; THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN RIVER; THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST. TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS, SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME APPERTAIN TO THE PROPERTY ABOVE DESCRIBED. SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. • • CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. may pursue any litigation to final determination by a court of competent The following terms when used in this policy mean: jurisdiction and expressly reserves the right,in its sole discretion,to appeal from (a) "insured":the insured named in Schedule A,and,subject to any rights any adverse judgment or order. or defenses the Company would have had against the named insured,those who (d) In all cases where this policy permits or requires the Company to succeed to the interest of the named insured by operation of law as distinguished prosecute or provide for the defense of any action or proceeding, the insured from purchase including, but not limited to, heirs, distributees, devisees, shall secure to the Company the right to so prosecute or provide defense in the survivors, personal representatives, next of kin, or corporate or fiduciary action or proceeding,and all appeals therein,and permit the Company to use,at successors. its option,the name of the insured for this purpose. Whenever requested by the (b) "insured claimant":an insured claiming loss or damage. Company, the insured, at the Company's expense, shall give the Company all (c) "knowledge" or "known": actual knowledge, not constructive reasonable aid (i) in any action or proceeding, securing evidence, obtaining knowledge or notice which may be imputed to an insured by reason of the public witnesses, prosecuting or defending the action or proceeding, or effecting records as defined in this policy or any other records which impart constructive settlement, and(ii)in any other lawful act which in the opinion of the Company notice of matters affecting the land. may be necessary or desirable to establish the title to the estate or interest as (d) "land": the land described or referred to in Schedule A, and insured. If the Company is prejudiced by the failure of the insured to furnish the improvements affixed thereto which by law constitute real property. The term required cooperation,the Company's obligations to the insured under the policy "land"does not include any property beyond the lines of the area described or shall terminate, including any liability or obligation to defend, prosecute, or referred to in Schedule A, nor any right, title, interest, estate or easement in continue any litigation, with regard to the matter or matters requiring such abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing cooperation. herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE. (e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these instrument. Conditions and Stipulations have been provided the Company,a proof of loss or (f) "public records": records established under state statutes at Date of damage signed and sworn to by the insured claimant shall be furnished to the Policy for the purpose of imparting constructive notice of matters relating to real Company within 90 days after the insured claimant shall ascertain the facts property to purchasers for value and without knowledge. With respect to Section giving rise to the loss or damage. The proof of loss or damage shall describe the 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include defect in,or lien or encumbrance on the title,or other matter insured against by environmental protection liens filed in the records of the clerk of the United States this policy which constitutes the basis of loss or damage and shall state,to the district court for the district in which the land is located. extent possible,the basis of calculating the amount of the loss or damage. If the (g) "unmarketability of the title": an alleged or apparent matter affecting Company is prejudiced by the failure of the insured claimant to provide the the title to the land,not excluded or excepted from coverage,which would entitle required proof of loss or damage,the Company's obligations to the insured under a purchaser of the estate or interest described in Schedule A to be released from the policy shall terminate, including any liability or obligation to defend, the obligation to purchase by virtue of a contractual condition requiring the prosecute, or continue any litigation, with regard to the matter or matters delivery of marketable title. requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. examination under oath by any authorized representative of the Company and The coverage of this policy shall continue in force as of Date of Policy in shall produce for examination,inspection and copying,at such reasonable times favor of an insured only so long as the insured retains an estate or interest in the and places as may be designated by any authorized representative of the land,or holds an indebtedness secured by a purchase money mortgage given by Company,all records,books,ledgers,checks,correspondence and memoranda, a purchaser from the insured,or only so long as the insured shall have liability by whether bearing a date before or after Date of Policy,which reasonably pertain to reason of covenants of warranty made by the insured in any transfer or the loss or damage.Further,if requested by any authorized representative of the conveyance of the estate or interest. This policy shall not continue in force in Company, the insured claimant shall grant its permission, in writing, for any favor of any purchaser from the insured of either(i)an estate or interest in the authorized representative of the Company to examine, inspect and copy all land,or(ii)an indebtedness secured by a purchase money mortgage given to the records,books,ledgers,checks,correspondence and memoranda in the custody insured. 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 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. Company pursuant to this Section shall not be disclosed to others unless,in the The insured shall notify the Company promptly in writing(i)in case of any reasonable judgment of the Company,it is necessary in the administration of the litigation as set forth in Section 4(a)below,(ii)in case knowledge shall come to claim. Failure of the insured claimant to submit for examination under oath, an insured hereunder of any claim of title or interest which is adverse to the title produce other reasonably requested information or grant permission to secure to the estate or interest,as insured,and which might cause loss or damage for reasonably necessary information from third parties as required in this paragraph which the Company may be liable by virtue of this policy, or(iii) if title to the shall terminate any liability of the Company under this policy as to that claim. estate or interest,as insured,is rejected as unmarketable. If prompt notice shall not be given to the Company,then as to the insured all liability of the Company 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION shall terminate with regard to the matter or matters for which prompt notice is OF LIABILITY. required; provided, however,that failure to notify the Company shall in no case In case of a claim under this policy,the Company shall have the following prejudice the rights of any insured under this policy unless the Company shall be additional options: prejudiced by the failure and then only to the extent of the prejudice. (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED together with any costs, attorneys'fees and expenses incurred by the insured CLAIMANT TO COOPERATE. claimant,which were authorized by the Company, up to the time of payment or (a) Upon written request by the insured and subject to the options tender of payment and which the Company is obligated to pay. contained in Section 6 of these Conditions and Stipulations,the Company,at its Upon the exercise by the Company of this option,all liability and obligations own cost and without unreasonable delay, shall provide for the defense of an to the insured under this policy, other than to make the payment required,shall insured in litigation in which any third party asserts a claim adverse to the title or terminate, including any liability or obligation to defend, prosecute, or continue interest as insured,but only as to those stated causes of action alleging a defect, any litigation, and the policy shall be surrendered to the Company for lien or encumbrance or other matter insured against by this policy. The cancellation. Company shall have the right to select counsel of its choice(subject to the right (b) To Pay or Otherwise Settle With Parties Other than the Insured or of the insured to object for reasonable cause) to represent the insured as to With the Insured Claimant. those stated causes of action and shall not be liable for and will not pay the fees (i) to pay or otherwise settle with other parties for or in the name of of any other counsel. The Company will not pay any fees, costs or expenses an insured claimant any claim insured against under this policy,together with any incurred by the insured in the defense of those causes of action which allege costs,attorneys'fees and expenses incurred by the insured claimant which were matters not insured against by this policy. authorized by the Company up to the time of payment and which the Company is (b) The Company shall have the right, at its own cost, to institute and obligated to pay;or prosecute any action or proceeding or to do any other act which in its opinion (ii) to pay or otherwise settle with the insured claimant the loss or may be necessary or desirable to establish the title to the estate or interest, as damage provided for under this policy, together with any costs, attorneys'fees insured,or to prevent or reduce loss or damage to the insured. The Company and expenses incurred by the insured claimant which were authorized by the may take any appropriate action under the terms of this policy,whether or not it Company up to the time of payment and which the Company is obligated to pay. shall be liable hereunder, and shall not thereby concede liability or waive any Upon the exercise by the Company of either of the options provided for in provision of this policy. If the Company shall exercise its rights under this paragraphs (b)(i) or (t), the Company's obligations to the insured under this paragraph,it shall do so diligently. policy for the claimed loss or damage, other than the payments required to be (c) Whenever the Company shall have brought an action or interposed a made,shall terminate,including any liability or obligation to defend,prosecute or defense as required or permitted by the provisions of this policy, the Company continue any litigation. Form 8110609 Reorder 1190-21B ALTA Owner's Policy(10/17/92)with Florida Modifications 7. DETERMINATION AND EXTENT OF LIABILITY. The Company shall be subrogated to and be entitled to all rights and This policy is a contract of indemnity against actual monetary loss or remedies which the insured claimant would have had against any person or damage sustained or incurred by the insured claimant who has suffered loss or property in respect to the claim had this policy not been issued. If requested by damage by reason of matters insured against by this policy and only to the extent the Company,the insured claimant shall transfer to the Company all rights and herein described. remedies against any person or property necessary in order to perfect this right (a) The liability of the Company under this policy shall not exceed the of subrogation. The insured claimant shall permit the Company to sue, least of: compromise or settle in the name of the insured claimant and to use the name of (i) the Amount of Insurance stated in Schedule A;or, the insured claimant in any transaction or litigation involving these rights or (ii) the difference between the value of the insured estate or remedies. interest as insured and the value of the insured estate or interest subject to the If a payment on account of a claim does not fully cover the loss of the defect,lien or encumbrance insured against by this policy. insured claimant,the Company shall be subrogated to these rights and remedies (b) The Company will pay only those costs,attorneys'fees and expenses in the proportion which the Company's payment bears to the whole amount of the incurred in accordance with Section 4 of these Conditions and Stipulations. loss. If loss should result from any act of the insured claimant,as stated above, 8. APPORTIONMENT. that act shall not void this policy, but the Company, in that event, shall be If the land described in Schedule A consists of two or more parcels which required to pay only that part of any losses insured against by this policy which are not used as a single site,and a loss is established affecting one or more of shall exceed the amount,if any,lost to the Company by reason of the impairment the parcels but not all,the loss shall be computed and settled on a pro rata basis by the insured claimant of the Company's right of subrogation. as if the amount of insurance under this policy was divided pro rata as to the (b) The Company's Rights Against Non-insured Obligors. value on Date of Policy of each separate parcel to the whole, exclusive of any The Company's right of subrogation against non-insured obligors shall exist improvements made subsequent to Date of Policy,unless a liability or value has and shall include, without limitation, the rights of the insured to indemnities, otherwise been agreed upon as to each parcel by the Company and the insured guaranties, other policies of insurance or bonds, notwithstanding any terms or at the time of the issuance of this policy and shown by an express statement or conditions contained in those instruments which provide for subrogation rights by by an endorsement attached to this policy. reason of this policy. 9. LIMITATION OF LIABILITY. 14. ARBITRATION. (a) If the Company establishes the title, or removes the alleged defect, Unless prohibited by applicable law, arbitration pursuant to the Title lien or encumbrance,or cures the lack of a right of access to or from the land,or Insurance Arbitration Rules of the American Arbitration Association may be cures the claim of unmarketability of title,all as insured,in a reasonably diligent demanded if agreed to by both the Company and the insured. Arbitrable matters manner by any method, including litigation and the completion of any appeals may include, but are not limited to, any controversy or claim between the therefrom,it shall have fully performed its obligations with respect to that matter Company and the insured arising out of or relating to this policy,any service of and shall not be liable for any loss or damage caused thereby. the Company in connection with its issuance or the breach of a policy provision (b) In the event of any litigation, including litigation by the Company or or other obligation. Arbitration pursuant to this policy and under the Rules in with the Company's consent, the Company shall have no liability for loss or effect on the date the demand for arbitration is made or, at the option of the damage until there has been a final determination by a court of competent insured, the Rules in effect at Date of Policy shall be binding upon the parties. jurisdiction, and disposition of all appeals therefrom, adverse to the title as The award may include attorneys'fees only if the laws of the state in which the insured. land is located permit a court to award attorneys' fees to a prevailing party. (c) The Company shall not be liable for loss or damage to any insured for Judgment upon the award rendered by the Arbitrator(s)may be entered in any liability voluntarily assumed by the insured in settling any claim or suit without the court having jurisdiction thereof. prior written consent of the Company. 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 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF Company upon request. LIABILITY. All payments under this policy,except payments made for costs,attorneys' 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT. fees and expenses,shall reduce the amount of the insurance pro tanto. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the 11. LIABILITY NONCUMULATIVE. Company. In interpreting any provision of this policy, this policy shall be It is expressly understood that the amount of insurance under this policy construed as a whole. shall be reduced by any amount the Company may pay under any policy insuring (b) Any claim of loss or damage, whether or not based on negligence, a mortgage to which exception is taken in Schedule B or to which the insured has and which arises out of the status of the title to the estate or interest covered agreed,assumed,or taken subject,or which is hereafter executed by an insured hereby or by any action asserting such claim,shall be restricted to this policy. and which is a charge or lien on the estate or interest described or referred to in (c) No amendment of or endorsement to this policy can be made except Schedule A, and the amount so paid shall be deemed a payment under this by a writing endorsed hereon or attached hereto signed by either the President,a policy to the insured owner. Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for 16. SEVERABILITY. endorsement of the payment unless the policy has been lost or destroyed, in In the event any provision of the policy is held invalid or unenforceable which case proof of loss or destruction shall be furnished to the satisfaction of the under applicable law,the policy shall be deemed not to include that provision and Company. all other provisions shall remain in full force and effect. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage 17. NOTICES WHERE SENT. shall be payable within 30 days thereafter. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. shall be addressed to: P.O.Box 45023,Jacksonville,FL 32232-5023. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this Inquires regarding policy coverage and assistance in resolving policy,all right of subrogation shall vest in the Company unaffected by any act of complaints should be directed to the Company at(407)481-8181. Claims the insured claimant. must be reported in accordance with the Conditions and Stipulations. Form 8110609 Reorder 1190-21B ALTA Owner's Policy(10/17/92)with Florida Modifications This Instrument Prepared By and Please Return To: American Government Services Corporation • 3812\Vest Linebaugh Avenue Tampa,Florida 33618 2077483 AGS#23482 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS TRUSTEE'S DEED OF INDIAN RIVER COUNTY FL BK:2431 PG:1266, Pagel of 2 THIS INDENTURE, made this day of June, A.D. 2010, 07/12/2010 at 11:53 AM, D DOCTAX PD between HERBERT V.MORRISON,SUCCESSOR TRUSTEE OF $5250.00 THE HENRY J.DABROWSKI IRREVOCABLE TRUST UNDER REVOCABLE LIVING TRUST AGREEMENT DATED JULY 17, JEFFREY K BARTON.CLERK OF COURT 2007, whose address is 28826 Ramblewood Drive, Farmington Hills, MI 48334-1750,Grantor,and CITY OF SEBASTIAN,a municipality within Indian River County,Florida,whose mailing address is 1225 Main Street,Sebastian,Florida 32958,Grantee, (Wherever used herein the terms"Grantor"and"grantee"include all the parties to this instrument and their heirs,legal representatives, successors and assigns. "Grantor"and"grantee"are used for singular and plural,as the context requires and the use of any gender shall include all genders.) WITNESSETH:That the said Grantor,for and in consideration of the sum of Ten Dollars and other good and valuable considerations,to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,does hereby remise,release and quit-claim unto the said Grantee forever, all right, title, interest,claim and demand which the said Grantor has in and to the following described land situate,lying and being in Indian River County,Florida,to-wit: See Exhibit"A"attached hereto and by reference made a part hereof. By acceptance of this Trustee's Deed,the Grantee hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions as set forth in the Declaration of Restrictive Covenants recorded in the Public Records of Indian River County,Florida. These covenants and restrictions shall run with the Property herein described. If any term or condition of the Declaration of Restrictive Covenants is violated by the Grantee or by some third party with the knowledge of the Grantee and the Grantee does not correct the violation pursuant to the Declaration of Restrictive Covenants, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in accordance with Chapter 380,Part III,Florida Statutes. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining and all the estate,right,title,interest,lien,equity and claim whatsoever of the said Grantor either in law or equity,to the only proper use,benefit and behoof of the said Grantee forever. THIS DEED is executed pursuant to and in exercise of the power and authority granted to and vested in said Trustee by the terms of said deeds or deeds in trust delivered to said Trustee in pursuance of the Trust Agreement above mentioned. This deed is made subject to taxes and assessments for the year 2010 and years thereafter and subject to easements and restrictions of record,if any. This conveyance is subject to easements,restrictions,limitations and conditions of record if any now exist,but any such interests that may have been terminated are not hereby re-imposed. This property is not the homestead property of the Grantor(s),nor contiguous to homestead property,as such homestead is defined under Florida law. LN WITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal,the day and year first above written. Signed,sealed and delivered in the present- . : 14/1•C0.1.1.11/4� •� (Sig•ature. first Witness) Herbert V.Morrison,Successor Trustee of the Henry J.Dabrowski C-5"TZ p C ccv e--741 Irrevocable Trust Under Revocable Living Trust Agreement dated ( tinted',typed or stamped name of July 17,2007 rst Witness.) �a�r?.G✓ / (S. ature of sec itness) 1111 rcrb'i i+0-.. (Printed,typed or stamped name of second witness) STATE OF M/Cf�l�rf�IU COUNTY OF (,(..)/4YtU c "► '"j" The foregoing instrument was acknowledged before me this s�d day of Tan ,2010,by Herbert V.Morrison, Slhcceisor Triistge of the Henry J.Dabrowski Irrevocable Trust Under Revocable Living Trust Agreement dated July 17, 2 O7. Sdeh:pzzsgres)(Notary Public must check applicable box): (Notary Seal) [ ] is• - nally known .me. ••uced a current d j, i license./ ] roduced as identifi ,tion. �i: �� "otary•ublic-State of i igan wo :411E7ST A7 QF (Printed,Typed or Stamped Name of Notary Publi■ t.)l1NTYO � Commission No xis EX 11,fad My Commission Expires: c u jy �y� EXHIBIT"A" LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S SUBDIVISION,ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2, PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE(BEING A POINT 37.15 FEET DUE EAST OF THE CENTERLINE OF INDIAN RIVER DRIVE),THE POINT OF BEGINNING; THENCE NORTHERLY 118°41'37"ALONG THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE,A DISTANCE OF 184.75 FEET MORE OR LESS TO A CONCRETE MONUMENT MARKED"X";THENCE RUN EAST 10° NORTH OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER;THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN RIVER;THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF GOVERNMENT LOT 1, SECTION 6,TOWNSHIP 32 SOUTH, RANGE 39 EAST. TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS, SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME APPERTAIN TO THE PROPERTY ABOVE DESCRIBED. SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.