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Home My WebLink AboutAgreement_General_11/17/20104 4 _o- .? Policy No. FA- 35- 1727897 POLICY OF TITLE INSURANCE 9 ISSUED BY First American Title Insurance Compa SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, 4 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; Oir 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. • The Company will also 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. 4 First American Title Insurance Company (TP 10/99) PRESIDENT SECRETARY M oo ALTA Owner's Policy (10- 17 -92) (With Florida Modifications) moo Conti P 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. 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 al 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. (b) 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage. (c) knowledge" or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule (A), and improvements affixed thereto which by law constitute rear property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmentar protection Liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness 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 covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. 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 indebtedness 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 4(a) below, (ii) in case knowledgle shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, CONDITIONS AND STIPULATIONS 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 other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. 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. (i) 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, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. (ii) Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obiligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (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, together with any costs, attorneys' fees, and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (u) 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 which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (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. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. 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 and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 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. 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 hereto 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, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if titre to the 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 shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the reludice. 4. DEFENSE DF INSURED TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter 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 and 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 which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, 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 hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company the insured, at the Company's expense, shall give the Company all reasonable aid (1) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest 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. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which 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. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, 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 proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which 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 records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (This paragraph dealing with Coinsurance was removed from Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. S. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 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 unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (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 therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any 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 the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay 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 hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (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 shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. 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 or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. 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 shall be addressed to the Company, Attention: Claims Department, 1 First American Way, Santa Ana, California 92707. THIS INSTRUMENT PREPARED BY AND RETURN TO: AFFINITY TITLE SERVICES INC 8198 S JOG RD BOYNTON BEACH FL 33472 1111111111111111111111111111 CFN 20100459354 OR BK 24230 PG 0878 RECORDED 12/02/2010 17:16:10 Palm Beach County, Florida ANT 225, 000.00 Doc Stamp 1, 575.00 Sharon R. Bock, CLERK & COMPTROLLER Property Appraisers Parcel Identification (Folio) Numbers: 60- 42- 40- 25- 01005780 -an879; (2pgs 60- 42- 40- 25 -00- 000 -5140 Grantee SS #: Space Above This Line For Recording Data THIS WARRANTY DEED, made the 17th day of November, 2010 by FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY , herein called the grantor, to VILLAGE OF TEQUESTA FLORIDA , whose post office address is 483 & 479 SEABROOK ROAD, JUPITER, FL, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TWO HUNDRED TWENTY FIVE THOUSAND AND 00 /100'S ($225,000.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in PALM BEACH County, State of Florida, viz.: SEE EXHIBIT "A" ATTACHED TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2010. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness tfI1'Si ii. ture Witness #1 Pr' ted Name Witness #2 Printed Name STATE OF 42)- COUNTY OF ,?N Miraae2- FL -1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY PAULA E BIE I, AS SUC ESSO TRUSTEE, ITS MANAGING MEMBER 17211 QUEEN ANNE BRIDGE ROAD, BOWIE, MD 20716 17211 QUEEN ANNE BRIDGE ROAD, BOWIE, MD 20716 The foregoing instrument was acknowledged before me this 17th day of November, 2010 by PAULA E BIELSKI, AS SUCCESSOR TRUSTEE, ITS MANAGING MEMBER OF FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY who is nersnnally knnwn to mP nr ha nrnrinred STEWART TITLE GUARANTY COMPANY Plant file no. 1010062 Agent's File No. 10 -039 EXHIBIT "A" Parcel 1: A parcel of land containing approximately 75,000 square feet lying in Section 25, Township 40 South, Range 42 East, in Palm Beach County, Florida, and more particularly described as follows: the North 130 feet of the West 635 Feet of the NE 1/4 of the SE 1/4 , less the North 117 Feet of the E 25 feet of the W 555 feet and the easterly 46.04 feet for the right of way of Seabrook Road.. Parcel 2: A parcel of real property in Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particularly described in the deed dated Jun 28, 1922, and recorded January 17, 1925, In Official Record Book 231, Page 101, of the Public Records of Palm Beach County, Florida, as follows: Commencing at the Northwest (NW) corner of the Northeast Quarter (NE 1/) of the Southeast Quarter (SE 1/4) of said Section Twenty -Five (25), thence run East five hundred and thirty feet (530'); thence run South one hundred and seventeen feet (117'); thence run East twenty -five feet (25'); thence run North one hundred and seventeen feet (117'); thence run West twenty -five feet (25') to the place of beginning, all being in Township Forty (40) South, Range Forty Two (42) East, and being a parcel of land twenty -five feet wide east and west, and one hundred and seventeen feet deep north and south, in the said Northeast Quarter (NE %) of the Southeast Quarter (SE 1/) of Section Twenty -Five (25) after streets have been established. The parcel of property conveyed hereby is also known and described as: The East 25 feet of the West 555 feet of the North 1117 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE %) of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. STEWART TITLE GUARANTY COMPANY Plant file no. 1010062 Agent's File No. 10 -039 SCHEDULE A Schedule A Owner's Policy Policy No.: FA -35- 1727897 Date of Policy: December 2, 2010@ 17:16:10 Amount of Insurance: $255,000.00 1. Name of Insured: Village of Tequesta Florida 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Village of Tequesta Florida 4. The land referred to in this policy is described as follows: Property more particularly described on Schedule A -4 continuation attached hereto AFFINITY TITLE SERVICES, INC. Authorized Signatory STEWART TITLE GUARANTY COMPANY Plant file no. 1010062 Agent's File No. 10 -039 SCHEDULE A -4 CONTINUATION Parcel 1: A parcel of land containing approximately 75,000 square feet lying in Section 25, Township 40 South, Range 42 East, in Palm Beach County, Florida, and more particularly described as follows: the East 130 feet of the NE 1/4 of the SE '/ of Section 25, less the E 25 feet of the W 555 feet of the N 117 feet of the NE 1/ of the SE 1/ of said Section 25, being a parcel of land facing on Seabrook Road 130 feet and running W 635 feet, less a parcel 25 feet by 117 feet, and being immediately W of the land now or formerly of Charles and Dora Seabrook. Parcel 2: A parcel of real property in Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particularly described in the deed dated Jun 28, 1922, and recorded January 17, 1925, In Official Record Book 231, Page 101, of the Public Records of Palm Beach County, Florida, as follows: Commencing at the Northwest (NW) corner of the Northeast Quarter (NE 'A) of the Southeast Quarter (SE 1/) of said Section Twenty -Five (25), thence run East five hundred and thirty feet (530'); thence run South one hundred and seventeen feet (117'); thence run East twenty -five feet (25'); thence run North one hundred and seventeen feet (117'); thence run West twenty -five feet (25') to the place of beginning, all being in Township Forty (40) South, Range Forty Two (42) East, and being a parcel of land twenty -five feet wide east and west, and one hundred and seventeen feet deep north and south, in the said Northeast Quarter (NE 1 /0) of the Southeast Quarter (SE 'A) of Section Twenty -Five (25) after streets have been established. The parcel of property conveyed hereby is also known and described as: The East 25 feet of the West 555 feet of the North 1117 feet of the Northeast Quarter (NE 1/) of the Southeast Quarter (SE 1/4) of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. STEWART TITLE GUARANTY COMPANY Plant file no. 1010062 Agent's File No. 10 -039 Schedule B ALTA Owner's Policy (with printed mineral exception) Policy No.: FA -35- 1727897 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) which arise by reason of: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any rights, interests, or claims affecting the land which a correct survey would disclose and which are not shown by the public records. 3. Any lien for services, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after Date of Policy, not shown by the public records. 4. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously, under water. 5. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting authority, at Date of Policy. 6. Any mineral or mineral rights leased, granted or retained by prior owners. 7. Taxes and assessments for the year 2010 and subsequent years, which are not yet due and payable. NOTE: Exceptions Numbered 1, 2, 3, 4, 5 and 6 Above are Hereby Deleted. 11. Notice of the Loxahatchee River Environmental Control District in Palm Beach and Martin Counties, providing that unpaid fees and charges for the services and facilities of the Loxahatchee River Environmental Control District shall constitute liens on the property affected thereby pursuant to Chapter 86 -430, Laws of Florida, as evidenced in Notice of Lien Rights recorded in Official Record Book 4984, Page 1254, and Revised Notices recorded in Official Record Book 7048, Page 655, Official Record Book 7187, Page 1712, and Official Record Book 9360, Page 565. STEWART TITLE GUARANTY COMPANY Plant file no. 1010062 Agent's File No. 10 -039 12. Any lien arising under chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water system, sewer system, or gas system servicing the lands described herein. ALL IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA "AS IS" Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR F r aRealtors 1' PARTIES: FL -1, LLC ( "Seller"), 2' and Village of Tequesta, Florida ( "Buyer"), 3 agree that Seiler shall sell and Buyer shall buy the following described Real Property and Personal 4 Property (collectively "Property ") pursuant to the terms and conditions of this AS IS Residential Contract For Sale s And Purchase and any riders and addenda ( "Contract ") e 1. PROPERTY DESCRIPTION: r (a) Street address, city, zip: 479 & 483 Seabrook Road Jupiter, Florida 33469 e' (b) Property is located in Palm Beach County, Florida. Real Property Tax ID No: 60424025000005320 e' (c) Legal description of the Real Property 25-40 -42,N 130 Ft Of W 635 Ftof Ne 1/4 Of Se 1/4 (Less N 117 Ft Of ,o• E 25 Ft Of W 555 Ft & Ely 46.04 Ft R/W Seabrook Rd) And Tax ID # 60424025000005140 11 together with all existing improvements and fixtures, including built -in appliances, built -in furnishings and 12 attached wall -to -wall carpeting and flooring ( "Real Property') unless specifically excluded below. 13 (d) Personal Property_ The following items owned by Seller and existing on the Property as of the date 14 of the initial offer are included in the purchase ( "Personal Property "). (i) range(s) /oven(s), dishwasher(s), 15 disposal, ceiling fan(s), intercom, light fixtures. rods, draperies and other window treatments, garage door 16 openers, and security gate and other access devices; and (ii) those additional items checked below. If n' additional details are necessary, specify below. If left blank, the item below is not included: ❑ Refrigerator(s) Smoke detector(s) Microwave oven LJ Security system Washer (j Window /wall a/c Dryer ❑ Generator Stand -alone ice maker Pool barrier /fence Pool equipment Pool heater Spa or hot tub with heater Above ground pool Storage shed TV antenna/satellite dish Water softener /purifier ❑ Storm shutters and panels 18 The only other items of Personal Property included in this purchase, and any additional details regarding 1s' Personal Property, if necessary, are 20' 21 22' 23' Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer. (e) The following items are excluded from the purchase: 24' 2. PURCHASE PRICE (U.S. currency). $ 225,000.00 25' (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) $ 26 The initial deposit made payable and delivered to "Escrow Agent" named below 27' (CHECK ONE):❑ accompanies offer or [1 is to be made upon acceptance (Effective Date) 2e' or [] is to be made within (if blank, then 3) days after Effective Date 29' Escrow Agent Information Name: Affinity Title Services Inc 30' Address: 8198 Jog Road Boynton Beach, Fl 33472 Phone: 561- 737 -1630 31' E -mail: nora ©affinitytitieservicesinc.com Fax: 32' (b) Additional deposit to be delivered to Escrow Agent within (if blank, then 3) 33' days after Effective Date... .. ....... . .. ... . ............ _ ................. _. .. 34 (At deposits paid or agreed to be paid. are collectively referred to as the "Deposit ") 35• (o) Financing' Express as a dollar amount or percentage ( "Loan Amount ") see Paragraph 8 36' (d) Other. $ 37 (e) Balance to close (not including Buyer's closing costs, prepaids and prorations) by wire 38' transfer or other COLLECTED funds $ 39 NOTE: For the definition of "COLLECTION" or "COLLECTED" see STANDARD S. 4o 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER - OFFERS; EFFECTIVE DATE: 41' (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before 42' . this offer shall be deemed withdrawn and the Deposit, if any, will be returned to Buyer. 43 Unless otherwise stated, time for acceptance of any counter -offers shall be within 2 days after the day the 44 counter -offer is delivered. 45 (b) The effective date of this Contract will be the date when the last one of the Buyer and Seller has signed or 46 initialed this offer or final counter -offer ( "Effective Date "). 47 4, CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur 4e and the closing documents required to be furnished by each party pursuant to this Contract shall be delivered 49' ( "Closing ") on or before January 17, 2011 ('Closing Date "), at the time established by g Agent Buyer's Initials P15,t4) Page 1 of 10 Seller's Initials FloridaRealtors /FloridaB%ar- ASIS -1 Rev 6/10 © 2010 Florida Realtors® and The Honda Bar. All rights reserved 50 5. EXTENSION OF CLOSING DATE: 51 (a) If Closing funds from Buyer's lender(s) are not available at time of Closing due to Truth In Lending Act (TILA) 52 notice requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, 53 not to exceed 7 days. 54 (b) If extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: 55 (i) disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' 56 insurance. to become unavailable prior to Closing, Closing will be extended a reasonable time up to 3 days 57 after restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wind, 58 Flood or Homeowners' insurance, If restoration of such utilities or services and availability of insurance has not 59• occurred within 14 (if left blank. 14) days after Closing Date, then either party may terminate this 60 Contract by delivering written notice to the other party, and Buyer shall be refunded the Deposit, thereby 61 releasing Buyer and Seller from all further obligations under this Contract 62 6. OCCUPANCY AND POSSESSION: Unless otherwise stated herein, Seller shall at Closing, have removed all 63 personal items and trash from the Property and shall deliver occupancy and possession, along with all keys, 64 garage door openers. access devices and codes, as applicable, to Buyer. If Property is intended to be rented or 65 occupied beyond Closing. the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant 66 to STANDARD D. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from 67 date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have 68 accepted Property in its existing condition as of time of taking occupancy. 69• 7. ASSIGNABILITY: (CHECK ONE) Buyer ❑ may assign and thereby be released from any further liability 70• under this Contract; H may assign but not be released from liability under this Contract or X may not assign 71 this Contract. 72 FINANCING 73 8. FINANCING: 74. X (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing 75 contingency to Buyer's obligation to close 76• 11 (b) This Contract is contingent upon Buyer obtaining a written loan commitment for a ❑ conventional [] FHA 77• ❑ VA loan on the following terms within (if blank, then 30) days after Effective Date ( "Loan 78" Commitment Date ") for: (CHECK ONE): 7 fixed, ❑ adjustable, ❑ fixed or adjustable rate loan in 79• the principal amount of $ or % of the Purchase Price, at an initial interest rate 8o• not to exceed % (if blank, then prevailing rate based upon Buyers creditworthiness), and for a 81• term of years ( "Financing "). 82• Buyer will make mortgage loan application for the Financing within (if blank, then 5) days after 83 Effective Date and use good faith and diligent effort to obtain a written loan commitment for the Financing 84 ( "Loan Commitment ") and close this Contract. Buyer shall keep Seller and Broker fully informed about 65 the status of mortgage loan application and Loan Commitment and authorizes Buyer's mortgage broker and 86 Buyer's lender to disclose such status and progress to Seller and Broker. 87 If Buyer does not receive Loan Commitment, then Buyer may terminate this Contract by delivering written 88 notice to Seller, and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all 89 further obligations under this Contract 90 If Buyer does not deliver written notice to Seller of receipt of Loan Commitment or Buyer's written waiver of 91 this financing contingency, then after Loan Commitment Date Seller may terminate this Contract by 92 delivering written notice to Buyer and the Deposit shall be refunded to Buyer, thereby releasing Buyer and 93 Seller from all further obligations under this Contract. 94 If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not 95 thereafter close, the Deposit shall be paid to Seller unless failure to close is due to: (1) Seller's default; 96 (2) Property related conditions of the Loan Commitment have not been met (except when such conditions 97 are waived by other provisions of this Contract); (3) appraisal of the Property obtained by Buyer's lender is 98 insufficient to meet terms of the Loan Commitment; or (4) the loan is not funded due to financial failure of 99 Buyer's lender, in which event(s) the Deposit shall be returned to Buyer, thereby releasing Buyer and Seller 10o from all further obligations under this Contract. (c) Assumption of existing mortgage (see rider for terms) 102' LI (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms) t3uyer's Initials Ps.) Page 2 of 10 Seller's Initials FloridaRealtors /Florida ar AS S -1 Rev. 6/10 © 2010 Florida Realtors® and The Florida liar. All rights reserved. /OP, All e 103 CLOSING COSTS, FEES AND CHARGES too 9. CLOSING COSTS; TITLE INSURANCE; URVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: 105• (a) COSTS TO BE PAID BY SELLER: 10 a NE . 106 107 108 109 110• 111' 112 113 114 115 116 117 118 119' 120 121 122• 123 124• 125 126 127 128 129' 130 131 132 133 134' 135' 136 137 138 139 140 141 142 143 144' 145 146' 147 148 149 150 (b) COSTS TO BE PAID BY BUYER: • Taxes and recording fees on notes and mortgages • Recording fees for deed and financing statements • Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) • Survey (and elevation certification, if required) • Lender's title policy and endorsements • HOA/Condominium Association application /transfer fees • Other. • Loan expenses • Appraisal fees • Buyer's Inspections • Buyer's attorneys' fees • All property related insurance (c) TITLE EVIDENCE AND INSURANCE: At least 5 (if blank, then 5) days prior to Closing Date, a title insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as exceptions attached thereto ( "Title Commitment ") and, after Closing, an owner's policy of title insurance (see STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of title insurance covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date. The owner's title policy premium and charges for owner's policy endorsements, title search, and closing services (collectively. "Owner's Policy and Charges ") shall be paid, as set forth below (CHECK ONE) ❑ (i) Seller will designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for closing services related to Buyer's lender's policy and endorsements and loan closing, which amounts shall be paid by Buyer to Closing Agent or such other provider(s) as Buyer may select); or (ii) Buyer will designate Closing Agent and pay for Owner's Policy and Charges and charges for closing services related to Buyer's lender's policy, endorsements, and loan closing; or ❑ (iii) [MIAMI - DADE /BROWARD REGIONAL PROVISION]: Seller will furnish a copy of a prior owner's policy of title insurance or other evidence of title and pay fees for (A) a continuation or update of such title evidence, which is acceptable to Buyer's title insurance underwriter for reissue of coverage; (B) tax search; and (C) municipal lien search. Buyer shall obtain and pay for post - Closing continuation and premium for Buyer's owner's policy, and if applicable, Buyer's lender's policy Seller shall not be obligated to pay more than $ (if blank, $200 00) for abstract continuation or title search ordered or performed by Closing Agent. (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyers expense, have the Real Property surveyed and certified by a registered Florida surveyor ( "Survey "). If Seller has a survey covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date. (e) HOME WARRANTY: At Closing, ❑ Buyer L] Seller [] N/A will pay for a home warranty plan issued by at a cost not to exceed $ . A home warranty plan provides for repair or replacement of many of a home's mechanical systems and major built -in appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period. (f) SPECIAL ASSESSMENTS: At Closing, Seller will pay: (i) the full amount of liens imposed by a public body ("public body" does not Include a Condominium or Homeowner's Association) that are certified, confirmed and ratified before Closing: and (ii) the amount of the public body's most recent estimate or assessment for an improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being imposed on the Property before Closing. Buyer will pay all other assessments If special assessments may be paid in installments (CHECK ONE): (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due after Closing. Installments prepaid or due for the year of Closing shall be prorated. (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED. This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district (CDD) pursuant to Chapter 190 F.S. which lien shall be treated as an ad valorem tax and prorated pursuant to STANDARD K Buyer's Initials P54,4) Page 3 of 10 Seller's Initial FloridaRealtors /FlondaB r -ASI -1 Rev 6/10 0 2010 Florida Realtorse and The Florida Bar. All rights reserved. 151 DISCLOSURES 152 10. DISCLOSURES: 153 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in 154 sufficient quantities, may present health risks to persons who are exposed to it over time.. Levels of radon that 155 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding 156 radon and radon testing may be obtained from your county health department. 157 (b) PERMITS DISCLOSURE; Except as may have been disclosed by Seller to Buyer in a written disclosure, 158 Seller does not know of any improvements made to the Property which were made without required 159 permits or made pursuant to permits which have not been properly closed. 16o (c) MOLD: Mold 1s naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 161 desires additional information regarding mold. Buyer should contact an appropriate professional. 162 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood 163 zone the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to 154 improving the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard Area" 165 or "Coastal High Hazard Area" and finished floor elevation is below minimum flood elevation, Buyer may 166 terminate this Contract by delivering written notice to Seller within 20 days after Effective Date, failing which 167 Buyer accepts existing elevation of buildings and flood zone designation of Property. 158 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy - Efficiency Rating Information Brochure 169 required by Section 553.996, F.S. 170 (f) LEAD -BASED PAINT: If Property includes pre -1978 residential housing, a lead -based paint rider is 171 mandatory. 172 (g) HOMEOWNERS' ASSOCIATION /COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 173 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 174 ASSOCIATION /COMMUNITY DISCLOSURE, IF APPLICABLE. 175 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 176 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED 177 TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 178 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT iN HIGHER 179 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 180 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 181 (1) TAX WITHHOLDING: If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax 182 Act ( "FIRPTA "), Buyer and Seller will comply with FIRPTA, which may require Seller to provide additional cash 183 at Closing. 184 (j) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are 185 not readily observable and which have not been disclosed to Buyer. Except as stated in the preceding sentence 186 or otherwise disclosed in writing: (1) Seller has received no written or verbal notice from any governmental 187 entity or agency as to a currently uncorrected building, environmental or safety code violation, and (2) Seller 188 extends and intends no warranty and makes no representation of any type, either express or implied, as to the 189 physical condition or history of the Property 190 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 191 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the 192 Property. including, but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date 193 ( "AS IS Maintenance Requirement "). 194 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 195• (a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL: Buyer shall have 10 (if blank, 15) days from 196 Effective Date ( "inspection Period") within which to have such inspections of the Property performed 197 as Buyer shall desire during the inspection Period. If Buyer determines, in Buyer's sole discretion, that 198 the Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice 199 of such election to Seller prior to expiration of inspection Period. if Buyer timely terminates this 200 Contract, the Deposit paid shall be immediately returned to Buyer, thereupon, Buyer and Seller shall 201 be released of all further obligations under this Contract; however, Buyer shall be responsible for 202 prompt payment for such inspections, for repair of damage to, and restoration of, the Property 203 resulting from such inspections, and shall provide Seller with paid receipts for all work done on the 204 Property (the preceding provision shall survive termination of this Contract). Unless Buyer exercises 205 the right to terminate granted herein, Buyer accepts the physical condition of the Property and any 206 violation of governmental, building, environmental, and safety codes, restrictions, or requirements, but 207 subject to Seller's continuing AS IS Maintenance Requirement, and Buyer shall be responsible for any 208 and all repairs and improvements required by Buyer's lender. Buyer's Initials P,j(,4) Page 4 of 10 Seller's Initials FioridaRealtorsfFlor daBar- ASIS -1 Rev. 6/10 (d) 2010 Florida Realtors® and The Florida Bar. All rights reserved. 209 (b) WALK- THROUGH INSPECTION /RE- INSPECTION: On the day prior to Closing Date, or on Closing Date prior 210 to time of Closing, as specified by Buyer. Buyer or Buyer's representative may perform a walk - through (and 211 follow -up walk - through, if necessary) inspection of the Property solely to confirm that all items of Personal 212 Property are on the Property and to verify that Seller has maintained the Property as required by the AS IS 213 Maintenance Requirement and has met all other contractual obligations. 214 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE -OUT OF BUILDING PERMITS: If Buyer's 215 inspection of the Property identifies open or needed building permits, then Seller shall promptly deliver to 216 Buyer all plans, written documentation or other information in Seller's possession, knowledge, or control 217 relating to improvements to the Property which are the subject of such open or needed Permits, and shall 218 promptly cooperate in good faith with Buyer's efforts to obtain estimates of repairs or other work necessary to 219 resolve such Permit issues. Seller's obligation to cooperate shall include Seller's execution of necessary 220 authorizations, consents, or other documents necessary for Buyer to conduct inspections and have estimates 221 of such repairs or work prepared, but in fulfilling such obligation, Seller shall not be required to expend, or 222 become obligated to expend any money. 223 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and 224 cost, Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties 225 to Buyer. 226 ESCROW AGENT AND BROKER 227 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent ") receiving the Deposit, other funds 228 and other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow 229 within the State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions 230 of this Contract. Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting 231 demands for the Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit Agent 232 may take such actions permitted by this Paragraph 13. as Agent deems advisable. If in doubt as to Agent's duties 233 or liabilities under this Contract. Agent may, at Agent's option. continue to hold the subject matter of the escrow 234 until the parties agree to its disbursement or until a final judgment of a court of competent jurisdiction shall 235 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction 236 of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such 237 action Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, 238 except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate 239 broker. Agent will comply with provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve 240 escrow disputes through mediation, arbitration, interpleader or an escrow disbursement order 241 Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, 242 or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable 243 attorney's fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. 244 Agent shall not be liable to any party or person for mis- delivery of any escrowed items, unless such mis - delivery is 245 due to Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing 246 or termination of this Contract. 247 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, 248 square footage, and all other facts and representations made pursuant to this Contract and to consult appropriate 249 professionals for legal. tax, environmental, and other specialized advice concerning matters affecting the Property 250 and the transaction contemplated by this Contract Broker represents to Buyer that Broker does not reside on the 251 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or 252 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 253 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND 254 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, 255 WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually, the "Indemnifying Party ") each 256 individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and 257 employees from all liability for loss or damage, Including all costs and expenses, and reasonable attorney's fees 258 at all levels, suffered or incurred by Broker and Broker's officers, directors, agents and employees in connection 259 with or arising from claims, demands or causes of action instituted by Buyer or Seller based on (i) inaccuracy of 260 information provided by the Indemnifying Party or from public records; (ii) Indemnifying Party's misstatement(s) or 261 failure to perform contractual obligations; (iii) Broker's performance, at Indemnifying Party's request, of any task 262 beyond the scope of services regulated by Chapter 475. F.S., as amended. including Broker's referral, 263 recommendation or retention of any vendor for, or on behalf of, Indemnifying Party; (iv) products or services 264 provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by any such 265 vendor Buyer and Seiler each assumes full responsibility for selecting and compensating their respective vendors 266 and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will not 267 relieve Broker of statutory obligations under Chapter 475, FS.. as amended. For purposes of this Paragraph 14, Buyer's Initials /.SC..) Page 5 of 10 Seller's Initials FloridaRealtors /Floridal3ar- ASIS -1 Rev. 6/10 © 2010 Florida Realtors® and The Florida Bar AS rights reserved. 268 Broker will be treated as a party to this Contract This Paragraph 14 shall survive Closing or termination of this 269 Contract. 270 DEFAULT AND DISPUTE RESOLUTION 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 17. ATTORNEY'S FEES; COSTS: 299 each party will pay their own costs, expenses and fees, including attorney's fees, incurred in 300 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall be entitled to 301 recover from the non - prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 302 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract. 303 STANDARDS FOR REAL ESTATE TRANSACTIONS ( "STANDARDS ") 304 18. STANDARDS: 305 A. TITLE: 306 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in 307 Paragraph 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall 308 be issued and delivered to Buyer. The Title Commitment shall set forth those matters to be discharged by Seller at or 309 before Closing and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance in the 310 amount of the Purchase Price. shall be issued to Buyer insuring Buyer's marketable title to the Real Property, 311 subject only to the following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, 312 prohibitions and requirements imposed by governmental authority: (b) restrictions and matters appearing on the Plat 313 or otherwise common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; 314 (d) unplatted public utility easements of record (located contiguous to real property lines and not more than 10 feet in 315 width as to rear or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and subsequent 316 years; and (f) assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); 317 provided, that none prevent use of the Property for RESIDENTIAL PURPOSES. If there exists at Closing any 318 violation of items identified in (b) - (f) above. then the same shall be deemed a title defect. Marketable title shall be 319 determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with 320 law. 321 (ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify 322 Seller in writing specifying defect(s), if any. that render title unmarketable. If Seller provides Title Commitment and it 323 is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after 324 date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (°Cure Period ") 325 after receipt of Buyers notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, 326 Buyer shall be deemed to have accepted title as it then is. If Seller cures defects within } e Pe 'od, Seller will 15. DEFAULT: (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, including payment of the Deposit, within the time(s) specified. Seller may elect to recover and retain the Deposit for the account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and in full settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this Contract, or Seller. at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's rights under this Contract The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker's share shall not be greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker. (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after reasonable diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract. Buyer may elect to receive return of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance. This Paragraph 15 shall survive Closing or termination of this Contract. Buyer's initials P540 Page 6 of 10 Seller's Initials FloridaRealtors /Flor daBar AS'S 1 Rev. /3710 © 2010 Florida Realtors® and The Florida Bar. All rights reserved. 327 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 328 deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attorney) and the parties will 329 close this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of Sellers 330 notice) If Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of 331 Cure Period, deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days 332 within which Seller shall continue to use reasonable diligent effort to remove or cure the defects ( "Extended Cure 333 Period "), or (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date 334 has passed, within the earlier of 10 days after end of Extended Cure Period or Buyer's receipt of Seller's notice), or 33s (c) electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from 336 all further obligations under this Contract. If after reasonable diligent effort, Seller is unable to timely cure defects. 337 and Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 338 thereby releasing Buyer and Seller from all further obligations under this Contract. 339 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon 340 encroach on setback lines, easements, or lands of others; or violate any restrictions, covenants, or applicable 341 governmental regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of such 342 matters, together with a copy of Survey. to Seller within 5 days after Buyer's receipt of Survey, but no later than 343 Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey 344 shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior 34s survey, Seller shall, at Buyer's request, execute an affidavit of no change" to the Real Property since the 346 preparation of such prior survey, to the extent the affirmations therein are true and correct. 347 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to 348 the Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 349 D. LEASES: Seller shall, within 5 days after Inspection Period, furnish to Buyer copies of all written leases and 350 estoppel letters from each tenant specifying nature and duration of tenant's occupancy, rental rates, advanced rent 351 and security deposits paid by tenant, and income and expense statements for preceding 12 months ( "Lease 352 Information "). If Seller is unable to obtain estoppel letters from tenant(s), the same information shall be furnished by 353 Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant(s) 354 to confirm such information. If terms of the lease(s) differ materially from Seller's representations, Buyer may deliver 355 written notice to Seller within 5 days after receipt of Lease Information, but no later than 5 days prior to Closing ass Date, terminating this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 357 further obligations under this Contract. Seller shall, at Closing, deliver and assign all original leases to Buyer who 358 shall assume Seller's obligation thereunder. 359 E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting; (i) to the absence of any financing 360 statement, claims of lien or potential lienors known to Seller, and (ii) that there have been no improvements or repairs 361 to the Real Property for 90 days immediately preceding Closing Date. If the Real Property has been improved or 362 repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general 363 contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth names of all 364 such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for 365 improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid 366 or will be paid at Closing. 367 F. TIME: Calendar days shall be used in computing time periods. Any time periods provided for in this Contract 368 which shall end on a Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5:00 p.m. 369 (where the Property is located) of the next business day. Time is of the essence in this Contract. a7o G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be 371 liable to each other for damages so long as performance or non - performance of the obligation is delayed, caused or 372 prevented by Force Majeure. "Force Majeure" means hurricanes, earthquakes, floods, fire, acts of God, unusual 373 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of 374 Buyer or Seller. and which, by exercise of reasonable diligent effort, the non - performing party is unable in whole or in 375 part to prevent or overcome. All time periods, including Closing Date, will be extended for the period that the Force 376 Majeure prevents performance under this Contract, provided, however, if such Force Majeure continues to prevent 377 performance under this Contract more than 14 days beyond Closing Date, then either party may terminate this 378 Contract by delivering written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer 379 and Seller from all further obligations under this Contract. 380 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty. trustee's, 381 personal representative's. or guardian's deed, as appropriate to the status of Seller, subject only to matters described 382 in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by 383 absolute bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract. 384 1. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: 385 (i) LOCATION: Closing will take place in the county where the Real Property is located at the office of the 386 attorney or other closing agent ( "Closing Agent ") designated by the party paying for the •s ne,. policy of title Buyer's Initials P51.i) Page 7 of 10 Seller's Initials FioridaRealtors /FloridaBar- ASIS -1 Rev 6/10 0 2010 Florida Realtors® and The Florida Bar. All rights reserved / %.z/ /17 387 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 388 insurance, or. if no title insurance, designated by Seller_ Closing may be conducted by mail or electronic means. 389 (ii) CLOSING DOCUMENTS: At Closing, Seller shall furnish and pay for, as applicable. deed, bill of sale, 390 certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leases, and corrective 391 instruments. Seller shall provide Buyer with paid receipts for all work done on the Property pursuant to this Contract. 392 Buyer shall furnish and pay for, as applicable, mortgage. mortgage note, security agreement, financing statements, 393 survey, base elevation certification, and other documents required by Buyer's lender. 394 (iii) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title 395 Commitment provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended. the 396 escrow closing procedure required by STANDARD J shall be waived, and Closing Agent shall. subject to 397 COLLECTION of all closing funds. disburse at Closing the brokerage fees to Broker and the net sale proceeds to 398 Seller 399 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide 400 for insurance against adverse matters as permitted under Section 627.7841, F.S., as amended, the following escrow 401 and closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a period 402 of not more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer 403 shall, within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt 404 of such notification to cure the defect; (3) if Seller fails to timely cure the defect, the Deposit and all Closing funds 405 paid by Buyer shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with 406 such repayment, Buyer shall return the Personal Property, vacate the Real Property and re- convey the Property to 407 Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the 408 Deposit, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be 409 available to Buyer by virtue of warranties contained in the deed or bill of sale. 410 K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of 411 the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes 412 (including special benefit tax assessments imposed by a CDD), interest, bonds, association fees, insurance, rents 413 and other expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in 414 which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by 415 prorations to be made through day prior to Closing. Advance rent and security deposits, if any, will be credited to 416 Buyer. Escrow deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on current 417 year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing 418 occurs on a date when current year's millage is not fixed but current year's assessment is available, taxes will be 419 prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then 420 taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of 421 year of Closing, which improvements were not in existence on January 1st of prior year, then taxes shall be prorated 422 based upon prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, 423 request shall be made to the County Property Appraiser for an informal assessment taking into account available 424 exemptions. A tax proration based on an estimate shall, at either party's request, be readjusted upon receipt of 425 current year's tax bill. This STANDARD K shall survive Closing. 426 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK- THROUGH: Seller 427 shall, upon reasonable notice, provide utilities service and access to Property for appraisals and inspections. 428 including a walk- through (or follow -up walk- through if necessary) prior to Closing. 429 M. RISK OF LOSS: If, after Effective Date. but before Closing, Property is damaged by fire or other casualty 43o ( "Casualty Loss ") and cost of restoration (which shall include cost of pruning or removing damaged trees) does not 431 exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed 432 pursuant to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% of estimated 433 cost to complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of 434 restoration exceeds escrowed amount, Seller shall pay such actual costs (but. not in excess of 1.5% of Purchase 43s Price). Any unused portion of escrowed amount shall be returned to Seller. If cost of restoration exceeds 1.5% of 436 Purchase Price, Buyer shall elect to either take Property as is" together with the 1.5 %, or receive a refund of the 437 Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. Sellers sole obligation 438 with respect to tree damage by casualty or other natural occurrence shall be cost of pruning or removal. 439 N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneous with 440 Closing or deferred) under Section 1031 of the Internal Revenue Code ( "Exchange "), the other party shall cooperate 441 in all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, 442 cooperating party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent 443 upon, nor extended or delayed by, such Exchange. 444 O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any 44s notice of it shall be recorded in any public records. This Contract shall be binding on, and inure to the benefit of, the 446 parties and their respective heirs or successors in interest. Whenever the context permits, singQgr mall include plural / Buyer's Initials f S.(J Page 8 of 10 Seller's Initials FlondaReaitors /Florida8ar -ASSTS 1 Rev. 6 /10 ® 2010 Florida Realtors® and The Florida Bar All rights reserved 447 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 448 and one gender shall include all. Notice and delivery given by or to the attorney or broker (including such broker's real 449 estate licensee) representing any party shall be as effective as if given by or to that party. All notices must be in 450 writing and may be made by mail, personal delivery or electronic (including "pdf") media. A legible facsimile or 451 electronic (including "pdf") copy of this Contract and any signatures hereon shall be considered for all purposes as an 452 original. 453 P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement 464 of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 455 representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change 456 in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended 457 to be bound by it. 458 Q. WAIVER: Failure of Buyer or Seiler to insist on compliance with, or strict performance of, any provision of this 459 Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or 460 rights. 461 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten 462 or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 463 S. COLLECTION or COLLECTED: 'COLLECTION' or "COLLECTED" means any checks tendered or received, 464 including Deposits, have become actually and finally collected and deposited in the account of Escrow Agent 465 or Closing Agent. Closing and disbursement of funds and delivery of Closing documents may be delayed by 466 Closing Agent until such amounts have been COLLECTED in Closing Agent's accounts. 467 T. LOAN COMMITMENT: "Loan Commitment" means a statement by the lender setting forth the terms and 468 conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower, 469 U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of 470 Florida and venue for resolution of all disputes. whether by mediation, arbitration or litigation, shall lie in the county in 471 which the Real Property is located. 472 X. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by 473 law, against any real estate licensee involved in the negotiation of this Contract, for any defects or other 474 damage that may exist at Closing of this Contract and be subsequently discovered by the Buyer or anyone 47s claiming by, through, under or against the Buyer. 476 ADDENDA AND ADDITIONAL TERMS 477 19. ADDENDA: The following additional terms are included in the attached addenda and incorporated into this 478' Contract (Check if applicable): ❑ A. Condominium Assn. ❑ B. Homeowners' Assn. ❑ C. Seller Financing ❑ D. Mortgage Assumption El E. FHANA Financing al F. Appraisal Contingency G. Short Sale ❑ H Homeowners' Insurance ❑ I. FIRPTA ❑ J. Interest - Bearing Acct. [] K, RESERVED [] L. RESERVED ❑ M Defective Drywall ❑ N. Coastal Construction Control Line Insulation Disclosure Pre -1978 Housing Statement (Lead Based Paint) [) Q. Housing for Older Persons Li ❑ P. ❑ R. ❑ S. ❑ T. Du ❑ V. ❑ W ❑ X, Rezoning Lease Purchase/ Lease Option Pre - Closing Occupancy Post - Closing Occupancy Sale of Buyer's Property Back -up Contract Kick -out Clause 479' 20. ADDITIONAL TERMS: Seller to have current tenant evicted before closing. 480' Buyer will assume all closing cost's associated with this transaction. 481' 482' 483' 484' 485' 486' 487' 488' 489' 490' 491' 492' 493' ❑ y. Seller's Attorney Approval ❑ Z. Buyer's Attorney Approval ❑ AA. Licensee - Personal Interest in Property ❑ BB. Binding Arbitration ❑ Other Buyer's Initials FloridaRealtors /FloridaBar- ASIS -1 Page 9 of 10 Seller's Initial Rev. 6/10 CO 2010 Florida Realtors® and The Florida Bar. All rights reserved. 494 COUNTER- OFFER /REJECTION 49s' Seller counters Buyer's offer (to accept the counter -offer, Buyer must sign or initial the counter - offered terms and 496 deliver a copy of the acceptance to Seller). 49r ❑ Seller rejects Buyer's offer. 498 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE 499 OF AN ATTORNEY PRIOR TO SIGNING. soo THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. sot Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms 502 and conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions 503 should be negotiated based upon the respective interests, objectives and bargaining positions of all interested 504 persons. 5os AN ASTERISK (*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO 506 BE COMPLETED. 507' Buyer A � GU �.� -� ��jLQ1/fiL1 Date: /0 41.--2-h0 508' Buyer Date: 509• Seller ,Z.--/T L Date: 51o' Seller: 511 Buyer's address for purposes of notice 512' 513' 514' Date "ogorPqr7ferffir // ,2 00 Seller's address for purposes of notice 515 BROKER: Listing and Cooperating Brokers, if any, named below (collectively, "Broker "), are the only Brokers entitled 516 to compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct Closing Agent 517 to disburse at Closing the full amount of the brokerage fees as specified in separate brokerage 518 agreements with the parties and cooperative agreements between the Brokers, except to the extent Broker has 519 retained such fees from the escrowed funds. This Contract shall not modify any MLS or other offer of compensation szo made by Seller or Listing Broker to Cooperating Brokers. 521' 522 Cooperating Sales Associate, if any Listing Sales Associate 523" 524 Cooperating Broker, if any Listing Broker Page 10 of 10 FloridaRealtors /FloridaBar- ASIS -1 Rev. 6110 0 2010 Florida Realtors® arid The Florida Bar. All rights reserved. B. Type of Loan A. Settlement Statement (HUD -1) 1 _ FHA 2. RHS 3, J Conv. Unins. 16. File Number 4. VA 5.❑ Cony. Ins. - 10-102 OMB Approval No. 2502 -0265 7. Loan Number 8. Mortgage Insurance Case Number C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.e.)" were paid outside the closing; they are shown here for information purposes and are not included in the totals. D. Name and Address of Borrower E. Name and Address of Seller F Name and Address of Lender VILLAGE OF TEQUESTA FLORIDA FLT, LLC. A DISSOLVED FLORIDA 483 & 479 SEABROOK ROAD 17211 QUEEN ANNE BRIDGE ROAD JUPITER. FL BOWIE, MD 20716 G. Property Location 483 & 479 SEABROOK ROAD JUPITER, FL H. Settlement Agent AFFINITY TITLE SERVICES INC NORA CANDELA 561 - 737 -1630 Place of Settlement 8198 S JOG RD STE 204 arwklrnu 01031. I. Settlement Date 11/17/10 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. Contract sales price 225,000.00 401. Contract sales price 225,000.00 102. Personal property 10,485.47 402. Personal property 403. 103. Settlement charges to borrower (line 1400) 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes to 406. City/town taxes to 107. County taxes to 1 407. County taxes to 408. Assessments to 108. Assessments to 109. 409. 110. 410. 111. 411. L112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 235,485.47 420. GROSS AMOUNT DUE TO SELLER 225,000.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT TO SELLER 201. Deposit or eamest money 501. Excess Deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 11,250.00 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage Loan 206. 506. 207. 507. 208. 508. . 209. 509. Adjustments for items unpaid by seller _ Adjustments for items unpaid by seller 510. City/town taxes to 511. County taxes 01/01 to 11/17 4,903.60 210. City/town taxes to 211. County taxes 01/01 to 11/17 4,903.60 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. '.. 218. 518. '., 219. 519. 220. TOTAL PAID BY / FOR BORROWER • 4,903.60 520. TOTAL REDUCTION AMOUNT DUE SELLER 16,153.60 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower (line 120) 235,485.47 601. Gross amount due to seller .jBne 420) 225,000.00 16,153.60 302. Less amounts paid by/for borrower (line 220) 4,903.60 602. Less reduction amount due to seller (line 520) I 303. CASH FROM BORROWER 230,581.87 603. CASH TO SELLER 208.846.40 SUBSTITUTE FORM 1099 SELLER STATEMENT The information contained herein n important tax information and is being furnished to the hrternal Revenue S.M. If you are required to idea return. a negligence penalty or other sanction wiu be imposed on you 705o Tern is required to be reported and the IRS determines that it has not been reported The Contract Sales Price described on Line 401 above constitutes the Gross Proceeds of this transaction. SELLER INSTRUCT/0AS To determine it you have to report the sale or exchange of your p0mary residence on your tax return, see the Schedule D (Form 1940) instructions. Itdn reel estate was 001 your pnrnary residence, complete the applicable parts of Form 4707. Fptm 6252, and /or Schedule D tForm 1040). FL1, LLC. A DISSOLVED FLORIDA 700 are reported by law to provide the settlement agent with your correct taxpayer identification number If you do not prOwde your correct taxpayer identification number, you may be subject 00 onil or minim/ penalties imposed by law Under manages of perjury, ! certify MM Me number shown on Mrs statement is my correct taxpayer identdlcation number. TIN* PAULA E BIELSKI Page 1 of 3 HUD-1 L SETTLEMENT CHARGES: 700. Total Real Estate Broker Fees Division of commission (line 700) as follows: . 701. $ 11,25000 to AAA REALTY GROUP, INC 702. $ to 703. Commission paid at Settlement 704. File Number: 10-102 PALO FROM PAID FROM BORROWER'S SELLERS FUNDS AT FUNDS AT SETTLEMENT SETTLEMENT 11 250.00 705 CONTRACT PREPARAIION JSC REALTY CORPORATION 600. Items Payable in Connection wigs Loan 801. Our origination charge $ 802 Your credit or charge (points) for the specific interest rate chosen $ P.O.C. 803 Your adjusted origination charges 804 Appraisal Fee 805. Credit Report (from GFE #1) (from GFE#2) (from GFE A) (from GFE 113) 530 ^0 806. Tax service (from GFE #3) (from GFE #3) 807. Flood certification 808. 904. 809 905 810 1000. Reserves Deposited with Lender 811 1001. Initial deposit for your escrow account (from GFE#9( 812. 1002. Hazard Insurance mo. 40 $ per mo $ 813. 1004. City property taxes mo. 41$ per mo $ 814 1005. County property taxes mo. t:r. $ per mo. $ 900. Items Required by Lender to Be Paid In Advance 901 Daily interest charges from to s from GFE #1 902 Mortgage Insurance Premium for to (from GFE #3) 903. Homeowners insurance for to (from GFE #11) 904. 905 1000. Reserves Deposited with Lender 1001. Initial deposit for your escrow account (from GFE#9( 1002. Hazard Insurance mo. 40 $ per mo $ 1003. Mortgage Insurance mo. CD $ per mo. $ 1004. City property taxes mo. 41$ per mo $ 1005. County property taxes mo. t:r. $ per mo. $ 1006. Annual Assessments mo. 42 $ per mo. $ 1007. mo. 42 $ per mo. $ 1008. mo. i $ per ma. $ 1009. Aggregate Adjustment $ 1100 Title Charges 1101 Title services and lenders title insurance (from GFE#4) 300.00 1102. Settlement or closing fee AFFINITY TITLE SERVICES INC $ 20000 (from GFE #41 1103. Owners title insurance AFFINITY TITLE SERVICES INC (from GFE #5) 1200.00 II 1104. Lenders title insurance AFFINITY TITLE SERVICES INC 1105. Lenders title policy limit 1106. Owners title policy limit 225,000.00 - 1200.00 1107. Agents portion of the total title insurance premium AFFINITY TITLE SERVICES INC $ 84000 1108 Underwriters portion of the total title insurance premium FIRST AMERICAN $ 360.00 1109 TITLE SEARCH/EXAM TITLE EVIDENCE $ 100.00 (from GFE#4) 1110. 1111. j 1112. 1113. T200. Government Recording and Transfer Charges 1201. Government recording charges (from GFE #7) 19.10 • 1202. Deed $ 19 10 Mortgage $ Releases $ 1203. Transfer taxes (from GFE#8) 1673.20 1204City/county tax./stamps Deed $ Mortgage $ 1205. State tax/stamps Deed $ 1,575 00 Mortgage $ 1206. Intangible Tax Deed $ Mortgage $ (from GFE#8) 1207. 1208. DC AFFIDAVIT/TRUST AFFI CLERK OF CIRCUIT COURT $ 98.20 (from GFE#8) 6,793.17'. 1300. Additional Settlement Charges 1301. Required services that you can shop for (from GFE#6) 1302. SURVEY DAVID CUTLER $ 1,20000 (from GFE#6) 1303 2010 PROPERTY TAXES TAX COLLECTOR $ 5.41022 (from GFE#6) 1304. 2010 PROPERTY TAXES TAX COLLECTOR $ 182 95 (from GFE#6) 1305. 1306 1307. 1306 1400. Total Settlement Charges (enter on lines 103, Section J and 602, Section K) 10,485.47 -. 11,250.00 ca FL1, LLC. A DISSOLVED FLORIDA y reviewed the HUD -1 Settlement Statement and to the best or my knowledge and belief, ,t s a true and accurate statement of all receipts and disbursements made on my account or by me m this transac T I Nrther certify that I hay rece • a copy of the NUO -1 Settlement Statement PAULA E BIELSKI, VILLAGE OF MOUES FLe- IDA The 900 -1 Settlement Statement whwh have prepared Is a true and accurate account of this transaction I have causal or yd cause the funds to be disbursed in accordance with this statement AFFINITY TITLE SERVICES INC Date WARNING. It Is a crime to knowingly make false statements to the United States on this or any other similar form Penalties upon conviction can Include a fine or Imprisonment . For datails see' Title 18 U S Code Section 1001 and Section 1010 Page 2 of3 HUD-1 Comparison of Good Faith Estimate (GFE) and HUD 4 Chaises File Number 10-102 Good Faith Estimate HUD-1 Charges That Cannot Increase HUD-1 Line Number Initial deposit for your escrow account 19.10 Our origination charge # 801 $ '19.10* 1202 Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? Your credit or charge (points) for the specific interest rate chosen # 802 Title services and lender's tiles insurance # 1101 Your adjusted origination charges # 803 300.00 Owner's title insurance Transfer taxes * 1203 1,647.20 1,673.20 State tax/stamps - Deed $ 1575.00* 1205 475.00 DC AFFIDAVIT/TRUSTAFFIDAVIT $ 98.20 * 1208 # 1303 Charges That In Total Cannot increase Mors Than 10% $ Good Faith Estivate HUD4 Government recarcing charges # 1201 Initial deposit for your escrow account 19.10 19.10 Government recordng charges - Deed $ '19.10* 1202 Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? Daily interest charges # 901 Title services and lender's tiles insurance # 1101 Total monthly amount owed including escrow amount payments 300.00 300.00 Owner's title insurance # 1103 1,200.00 1,200.00 SURVEY # 1302 475.00 1,200.00 2010 PROPERTY TAXES # 1303 5,41022 5,410.22 2010 PROPERTY TAXES # 1304 182.95 182.95 TOTAL 7,58727 8,312.27 Increase between GFE and HUD4 Charges $ 725.00 or 9.56 % Charges That Can Change $ Your loan tens is Good Faith Estimate HUD-1 Initial deposit for your escrow account 1 1001 Can your interest rate rise? NI No. ❑ Yes, it can rise to a maximum of %. The firs t change will be on and can change again every after . Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. ® No. ❑ Yes, it can rise to a maximum of $ IR No. ❑ Yes, the first increase can be on and the monthly amount owed can rise to $ . The maximum it can ever rise to is $ Even if you make payments on time, can your loan balance rise? Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? Daily interest charges # 901 $ /day Total monthly amount owed including escrow amount payments IR You do not have a monthly escrow payment for items, such as property taxes and homeowners insurance. You must pay these items directly yourself, ❑ You have an additional monthly escrow payment of $ that results in a total initial monthly amount owed of $ . This includes principal, interest, any mortgage insurance and any items checked below: ❑ Property taxes ❑ Homeowners insurance ❑ Flood Insurance ❑ ❑ ❑ Homeowner's insurance 1 903 Loan Terns Your initial loan amount is $ Your loan tens is Your initial interest rate is 0 % Your initial monthly amount owed for principal. interest, and any mortgage insurance is $ includes ❑ Principal 0 Interest ❑ Mortgage Insurance Can your interest rate rise? NI No. ❑ Yes, it can rise to a maximum of %. The firs t change will be on and can change again every after . Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. ® No. ❑ Yes, it can rise to a maximum of $ IR No. ❑ Yes, the first increase can be on and the monthly amount owed can rise to $ . The maximum it can ever rise to is $ Even if you make payments on time, can your loan balance rise? Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? Does your loan have a prepayment penalty? ® No. ❑ Yes, your maximum prepayment penalty is $ Does your loan have a balloon payment? 181 No. ❑ Yes. you have a balloon payment of $ due in on Total monthly amount owed including escrow amount payments IR You do not have a monthly escrow payment for items, such as property taxes and homeowners insurance. You must pay these items directly yourself, ❑ You have an additional monthly escrow payment of $ that results in a total initial monthly amount owed of $ . This includes principal, interest, any mortgage insurance and any items checked below: ❑ Property taxes ❑ Homeowners insurance ❑ Flood Insurance ❑ ❑ ❑ Note: It you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. Page 3 of 3 HUD -1 e 1liil I I: Type of Loan III I 1.0 FHA 2.0 RHS 3.00onv, Unins. 6 4.0 VA 5.7 Conv. Ins. OMB Approval No. 2502 -0265 A. Settlement Statement (HUD -1) File Number 10 -102 7. Loan Number 8. Mortgage Insurance Case Number C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown, Items marked "(p.o -c.)" were paid outside the closing; they are shown here for information purposes and are not included in the totals. D. Name and Address of Borrower VILLAGE OF TEQUESTA FLORIDA 483 & 479 SEABROOK ROAD JUPITER, FL E. Name and Address of Seller FLI. LLC, A DISSOLVED FLORIDA 17211 QUEEN ANNE BRIDGE ROAD BOWIE, MD 20716 I F. Name and Address of Lender 301. Gross amount due from borrower (line 120) 235,485.47 601. Gross amount due to seller (line 420) 302. Less amounts paid by/for borrower (line 220) + 4,903.60 602. Less reduction amount due to seller (line 520) 303. CASH FROM BORROWER 230,581.87 603. CASH 225,000.00 16,153.60' TO SELLER 208.846.40'. SUBSTITUTE FORM -.099 SELLER STATEMENT: The information cornained herein is important tax Uronraron and is being :unshed to the Internet Revere Service. I! you are required to Ole a rerun, a negligence penally x Other sanction will be impdseo on you if this 'item is requiree to be reported and Me IRS detemtines Vet it has not Leer. reported, 71e Conran Sates Prce Cesafbec On Ure 401 au000 constitutes the Gross Proceeds of this eansection. SELLER INSTRUCTIONS: 'o determine if you have to raison the see of exchange Of your primary residence on your lax ream, see ; ^e Scnedu'e 0 (Form '040/ insl'Lcions_ if the real estate was not you' prenary residence, complete the applicable parts of Form 4747, Form 5252, and Mr 50504ule D (Form 1040/. LLC. AO LAD FLORIDA ✓� You rre required by law to Orovide Ina Seh:emenl agent with your correct taxpayer identification number. If you no not pr^ :d O - Faye nu-cer, au may penalties imposed by law. Lender pene',I'es N perjury. I centy that me number shown on this statements ny correct lax 'Seno•,weo er y TINA PAOL.A E 9IELSNI, subject :O civil o' criminal Page 1 of 3 HUD -1 G. Property Location 483 & 479 SEABROOK ROAD JUPITER, FL H. Settlement Agent 561- 737 -1630 AFFINITY TITLE SERVICES INC NORACANDELA Place of Settlement 1 I. Settlement Date I 8198 S JOG RD 11/17/10 STE 204 BOYNTON BEACH FL 33472 J. SUMMARY OF BORROWER'S TRANSACTION: I K. SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. Contract sales price 225,000.00 401. Contract sales price i 225,000.50: 402. Personal property 1 403. 102. Personal property i 103, Settlement charges to borrower (line 1400) 10,485.47 104. 404. _ 105. I 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller In advance 406. City/town taxes to 106. City /town taxes to 107. County taxes to i 1 X409. 407. County taxes to 408, Assessments t0 410. _., y 108. Assessments to 109. 110. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 235,485.47 420. GROSS AMOUNT DUE TO SELLER 225,000.00 _ 200- AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT TO SELLER 201. Deposit or earnest money 501. Excess Deposit (see instructions) 502. Settlement charges to seller (line 1400) 11,250.00 202. Principal amount of new loan(s) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject 10 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206, 506. 207. 507. _ 206. 1 508. 209. 509. Adjustments for Items unpaid by seller 4,903.60 Adjustments for items unpaid by seller 510. City/town taxes to 511. County taxes 01 /01 to 11/17 512. Assessments to _ 4,903.601 210. City/town taxes to 211. County taxes 01(01 to 11/17 212. Assessments to _ 213 513. 214. 514. 215. 515. 215. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY! FOR BORROWER 4,903.60 520. TOTAL REDUCTION AMOUNT DUE SELLER 16,153.60 301. Gross amount due from borrower (line 120) 235,485.47 601. Gross amount due to seller (line 420) 302. Less amounts paid by/for borrower (line 220) + 4,903.60 602. Less reduction amount due to seller (line 520) 303. CASH FROM BORROWER 230,581.87 603. CASH 225,000.00 16,153.60' TO SELLER 208.846.40'. SUBSTITUTE FORM -.099 SELLER STATEMENT: The information cornained herein is important tax Uronraron and is being :unshed to the Internet Revere Service. I! you are required to Ole a rerun, a negligence penally x Other sanction will be impdseo on you if this 'item is requiree to be reported and Me IRS detemtines Vet it has not Leer. reported, 71e Conran Sates Prce Cesafbec On Ure 401 au000 constitutes the Gross Proceeds of this eansection. SELLER INSTRUCTIONS: 'o determine if you have to raison the see of exchange Of your primary residence on your lax ream, see ; ^e Scnedu'e 0 (Form '040/ insl'Lcions_ if the real estate was not you' prenary residence, complete the applicable parts of Form 4747, Form 5252, and Mr 50504ule D (Form 1040/. LLC. AO LAD FLORIDA ✓� You rre required by law to Orovide Ina Seh:emenl agent with your correct taxpayer identification number. If you no not pr^ :d O - Faye nu-cer, au may penalties imposed by law. Lender pene',I'es N perjury. I centy that me number shown on this statements ny correct lax 'Seno•,weo er y TINA PAOL.A E 9IELSNI, subject :O civil o' criminal Page 1 of 3 HUD -1 L. SETTLEMENT CHARGES: File Number. 10 -102 r 700. Total Real Estate Broker Fees Division of commission (line 700) as follows: 701. 5 11,250.00 to AAA REALTY GROUP, INC 410 702. $ to 703. Commission paid at Settlement 704. 705. CONTRACT PREPARATION JSC REALTY CORPORATION 800. Items Payable in Connection with Loan 801. Our origination charge 802. Your clef or charge (points) for the speciic interest rate chosen $ PAID FROM PAID FROM BORROWER'S SELLER'S FUNDS AT FUNDS AT SETTLEMENT SETTLEMENT ?1,25050 00 500.00! P.O.C. (from GFE #1) from GFE #2) 803. Your adjusted origination charges (from GFE A) - 804_ Appraisal Fee (from GFE #3) 1005. County property faxes mo. @ 5 per mo. 5 805. Credit Report (from GEE #3) (from GFE #3) (from GFE #31 806. Tax service 807. Rood certification 808. 904. 809. 1009. Aggregate Adjustment 5 1100. Title Charges 810_ 1101. Title services and lenders title insurance (from GFE#4) 300.00 811. _.. 1,200.00 ,_. 1103 Owners title insurance AFFINITY TITLE SERVICES INC (from GFE #5) 812. I 813. 814. 900. Items Required by Lender to Be Paid in Advance 1 Daily interest char: Ida• F 1 902. Mortgage Insurance Premium for to (from GFE #31 1005. County property faxes mo. @ 5 per mo. 5 903. Homeowners insurance for to /from GFE#11) 1008. mo, @ $ per mo, $ 904. 1009. Aggregate Adjustment 5 1100. Title Charges 905. 1101. Title services and lenders title insurance (from GFE#4) 300.00 1102. Settlement or dosing fee AFFINITY TITLE SERVICES INC 5 200 00 (from GFE#4) _.. 1,200.00 ,_. 1103 Owners title insurance AFFINITY TITLE SERVICES INC (from GFE #5) 1104. Lenders Otte insurance AFFINITY TITLE SERVICES INC 1105, Lenders title • • firy limit it ter your escrow accaun from GFE#9 1002. Hazard Insurance mo. @ $ per mo. $ 1003. Mortgage Insurance mo. @ 5 per mo. 5 1004. City property taxes mo. @ S per mo. 5 1005. County property faxes mo. @ 5 per mo. 5 1008. Annual Assessments mo. @ $ per mo. 5 1007. mo. @ $ per mo. $ 1008. mo, @ $ per mo, $ 1009. Aggregate Adjustment 5 1100. Title Charges 1101. Title services and lenders title insurance (from GFE#4) 300.00 1102. Settlement or dosing fee AFFINITY TITLE SERVICES INC 5 200 00 (from GFE#4) _.. 1,200.00 ,_. 1103 Owners title insurance AFFINITY TITLE SERVICES INC (from GFE #5) 1104. Lenders Otte insurance AFFINITY TITLE SERVICES INC 1105, Lenders title • • firy limit 1106, Owners title • •licyjp t 225,000.00 - 1,200.00 I 1107. • •ants • •:lion of the total title insurance premium AFFINITY TITLE SERVICES INC S 840.00 1108. Underwriter's • •rtion of the total title insurance premium FIRST AMERICAN 5 360.00 l __ 1109. TITLE SEARCH /EXAM TITLE EVIDENCE $ 100.00 (from GFE#4) 1110. 1111. 1112. 1113. 1200. Government Recording and Transfer Charges 1201. Government recording charges 1202. Deeds 19.10 Mortgages 1203. Transfer taxes 1204. City /county ax/stamps Deed 5 1205. State tax/stamps Deed $ 1,575.00 (206. Intangible Tax Deed 5 1207. 1208. DC AFFIDAVIT /TRUST AFFI CLERK OF CIRCUIT COURT 1300. Additional Settlement Charges 1301. Required services that you can shop for 1302. SURVEY DAVID CUTLER 1303. 2010 PROPERTY TAXES TAX COLLECTOR 1304. 2010 PROPERTY TAXES TAX COLLECTOR 1305. 1306, Releases $ (from GFE#i) (from GFE #8) 19.10 1 573.20 1 J Mortgage $ Mortgage 5 Mortgage $ (from GFE #8) $ 98.20 (from GFE #8) (from GFE #6) 1,200.00 (from GFE#6) $ 5,410.22 (from GFE #5) 5 192.95 (from GFE#6) 9,793.17 ' 1307. 1308. i 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) I have care`,s'y re awed Re HUD -1 5emer.ent Statement and 0o the de51 of my knowledge and bel;el, it VanseNon. I f' r teddy Mel l have r. ... -. _ _ .. dement &element. OF TEGUESTA FLORIDA FL: LLC, A LVED FLCRIOA rue and ac.o em001 of II receipts OIELSKI, 10,485.47 i 11.250.17) 1te0;s ^.ace on ' account or by ma in Ins Settlement Stater enf *NCn I have prepa•ed is a ,roe and accur'ala a00000t or this Vansa0:i0n I rave caused or wll! cause fur 0'o e "is .irse0 in eccorierce wan Mils cerement FINITY TITLE S'RV!CES iNC Date / /Li YARNING: Ir is a mime to knowingly make false statements to the United Stares on ads or any other similar form, Penalties upon conviction can include a Are or ,-.pcsonmerl For daa:ls see' ''Ile t5 i1.0 Code Section 1001 card Seal:rl 0010. Page 2 of 3 HUD-1 • State taxrslamps - Deed Comparison of Good Faith Estimate (GFE) and HUD -1 Charges File Number: 10 -102 Good Faith Estimate HUD -1 V <.noryes i nar L.an110t increase IYUD -1 Line Number Our origination charge 8 801 8 1201 19.10 Your credit or charge (points) for the specific interest rate chosen 9 802 Government recording charges - Deed Your adjusted origination charges 9 803 Can your interest rate rise? Transfer taxes #1203 1.64720 1,673.20 • • $ 1,575.00 # 1205 DC AFFIDAVIT/TRUST AFFIDAVIT $ 98.20 If 1208 Charges That In Total Cannot Increase More Than 10% Good Faith Estimate HUD -1 Government recording charges 8 1201 19.10 19.10 Government recording charges - Deed $ 19.10 # 1202 Can your interest rate rise? Title services and lender's title insurance # 1101 300.00 300.00 Owner's title insurance # 1103 1,200.00 1.200.00 SURVEY 9 1302 475.00 1,200.00 I 2010 PROPERTY TAXES a lona c ell 00 0 410 77 2010 PROPERTY TAXES # 1304 182.95 182.95 TOTAL Increase between GEE and HUD -1 Charges $ 7,587.27 { 8.312.27 9.56 %I 725.00 or Charges That Can Change Initial deposit for your escrow account Daily interest charges Homeowner's insurance #1001 9 901 $ # 903 Good Faith Estimate /day HUD -1 Loan Terms Your initial loan amount is $ Your loan term is Your initial interest rate is 0 % Your initial monthly amount owed for principal, interest, ' and any mortgage insurance is $ includes 0 Principal Interest ❑ Mort a e Insurance Can your interest rate rise? 2 No. ❑ Yes, it can rise to a maximum of %. The first change will be on and can change again every alter , Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. a Even if you make payments on time. can your loan balance rise? 2 No. ❑ Yes, it can rise to a maximum of $ Even if you make payments on time, can your monthly amount owed for principal, Interest, and mortgage insurance rise? 2 No. ❑ Yes. the first increase can be on and the monthly amount owed can rise to $ The maximum it can ever rise to is $ . 2 No, ^' Yes, your maximum prepayment penalty is 5 _ ; Q No. ❑ Yes, you have a balloon payment of $ due in on Does your loan have a prepayment penalty? Does your loan have a balloon payment? Total monthly amount owed including escrow account payments E You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself, ❑ You have an additional monthly escrow payment of S that results in a total initial monthly amount owed of S . This includes principal, interest, any mortgage insurance and any items checked below 0 Property taxes 0 Homeowner's Insurance 0 Flood Insurance ❑ n rfj Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender Page 3 of 3 HUD -1 • • • B. Type of Loan A. Settlement Statement (HUD -1) OMB Approval No. 2502 -0265 1. FHA 4.11, VA 2.E RHS 3. Conv. Unins 5.L Conv. Ins. 6, File Number 10 -102 7. Loan Number 8. Mortgage Insurance Case Number C. Note: This form Is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for information purposes and are not included in the totals. 1 D. Name and Address of Borrower VILLAGE OF TEQUESTA FLORIDA 483 & 479 SEABROOK ROAD JUPITER, FL ; E. Name and Address of Seller FL1, LLC, A DISSOLVED FLORIDA 17211 QUEEN ANNE BRIDGE ROAD BOWIE, MD 20716 F. Name and Address of Lender G. Property Location 483 & 479 SEABROOK ROAD JUPITER, FL J. SUMMARY OF BORROWER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 101_ Contract sales price 102. Personal property ■ H. Settlement Agent ■ AFFINITY TITLE SERVICES INC NORA CANDELA Place of Settlement 8198 S JOG RD STE 204 BOYNTON BEACH FL 33472 K. SUMMARY OF SELLER'S TRANSACTION: 400. GROSS AMOUNT DUE TO SELLER 225,000.001 401. Contract sales price 1 402. Personal property 103. Settlement charges to borrower (line 1400) 104. 105. Adjustments for items paid by seller in advance -- 106. City /town taxes to 107. County taxes to 108. Assessments 109. 110, 111. to 561 - 737 -1630! 1 I. Settlement Date 11/17/10 10,485,47 403. 404. ;405. Adjustments for items paid by seller in advance 1 406. City/town taxes to 1 407. County taxes to 408. Assessments to 1 409. 410. 411. 225,000.00. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 201. Deposit or earnest money 235,485.47 420. GROSS AMOUNT DUE TO SELLER 500. REDUCTIONS IN AMOUNT TO SELLER 501. Excess Deposit (see instructions) ■ 225,000,00 202. Principal amount of new loan(s) ■ 203. Existing loan(s) taken subject to 204. 205. 502. Settlement charges to seller (line 1400) 503. Existing loans) taken subject to 504. Payoff of first mortgage loan 11. 250.00 505. Payoff of second mortgage loan 206. '506 20T 1 208. 507 508. 209. 1 Adjustments for items unpaid by seller 210. City /town taxes 211. County taxes 212. Assessments 213. i 214. 215. to 01/01 to 11/17 to 509. Adjustments for items unpaid by seller 510. City /town taxes _ _ to 1 4,903.601 511. County taxes 01/01 to 11/17 512. Assessments to 1 513. 514. 1 4,903.60 1 F 216. 217. 218. 219. 220 300 301 1 515 516 517 518 519 TOTAL PAID BY / FOR BORROWER 4,903.60 520 CASH AT SETTLEMENT FROM OR TO BORROWER 600 Gross amount due from borrower (line 120) I 235,485,47 601 302, Less amounts paid by /for borrower (line 220) TOTAL REDUCTION AMOUNT DUE SELLER CASH AT SETTLEMENT TO OR FROM SELLER Gross amount due to seller (line 420) 16,153.60 i 225,000,00' 4,903.60 602. Less reduction amount due to seller (line 520) 16,153.601 303. CASH FROM BORROWER 230,581,871 603. CASH TO SELLER 208,846.40 SUBSTITUTE FORM '099 SELLER STATEMENT: Tne information contained hetei0 is important tax in`ormatlon and is being furnished to the internal Revenue Service. if you are reduired to file a return, a negligence penalty Or other sanction will be imposed on you if this hem is required to be reported and Inc IRS determines that It has not been reported. The Contract Sales Price described on Line 401 above constitutes the Gross Proceeds of this transaction_ SELLER INSTRUCTIONS: 70 determine:fyou have to report the sale or exchange of your orlmary residence on your tax return, see the Schedule D (Form 10401 Instructions. If the real estate' was not your primary residence, complete the applicable pans of Form 4757. Form 0252. and for Schedule D (Form 104C). Fui, LLC A DISSOLVED FLORIDA u are regulred by law to provide the settlement agent with your correct taxpayer identification number. if you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by taw. Under penalties of peryury, certify that the :camber snown on this statement is my correct taxpayer identification number. TIN# PAULA E OIELJRI, Page 1 of 3 HUD -1 • • • L. SETTLEMENT CHARGES:, 700. 001e1 Res! ENate Broiler Fees 7171 _clan d:m .:,tune" ynwt ' s 7.7 25,;(77: P.F.A7 5 s' pe,n 5 .ul ..ry 71 71. 7171..... eaa._ an.a P.yann In Connection wIm Loan a:erp. 7171 c.r 77 srh, .ter T. 'La.1eC 9yn000, 3500925 rpero,eei Fee 5005 .n! 4e »n VD. , .ena.e „i' an0 cer'. xal -fin .Iron GEE.. iffurn 003021 T▪ F. FeC', SEE *]r 0503, PAID FROM PA/0 FROM - -- BORROWER'S SELLER'S FUNDS AT FUNDS AT SETTLEMENT SETTLEMENT L. -0a ._ 7171 7171 7171 1 . 000. harm Required by Larder to Be P.Id In Advenoe 9^. - ply raves: - m . G00e1 yr, , +"3 Hc+noes, r:aa +re we 9r: 7171.._ 71.71_ 7171 7171.. ____7171_.. 7171_ .1000. Reserves Deposited with lender 70 ?1 !7,23 - TT'or yo,rr escrow Ox-a,..0 '22 : nn„are: "10 c 7171. 6, 7171 __. 7171 B ^! ,.e > '0C 35,3 1 32 30 n:c„ 205 5 }Fr '',,, pie._'— _7171 _ `rMe �0' .r,.iaes___._ r'11... 0 7171 Ter mo 3 ,003 "c..i75,pr, ..1ywee „r;, y c Fe, n, 7171... 7171. 5 ICES Anek.e, ru <. 7505 e :.m ? fp P ,,, a � 102 __. 7171 _7171 71.71. 7171._ 7171 `^= a/S_.... 7171 Fa'. -,p 5 1000 71717171nc.2S oa'7c S 1001 595115.x:5 nepac,Teid.... 1' 33 Tale Cne-9e ?. •_ 71.71 ............. ,- 3..1 _ero!it li :pered; . a �:q'00 51151705155 E SE iv:: `] 00103,, E5E'Slt :FS iii2 e v • - 7171c r 7 7171._ _ 71 71 z 4 , Y s 7Y y - p Ape- , I I SE_._R._ _: C 5 " �: 71.71. 7171 _ 9 7171_ AtC ?I ` . _ e u r a } pp ..0I 0,0 t r}-Ke pre ^ �R .M11 .!J 5 "S. ;0 - RE SEAPC.: 50014 _32!3352 7. 3 0,0 30 .I',', 30150, ,e.. ;Iran OFEe2 Ilrc^ ;FCa111 b . ir^n ▪ FFAFi 1000 Gov sinmert_Re,s0Edlog and T 's Chereee ' 2 2 ' ' 2 0 , 0 , , 5 0 0 1 1R !' '2 S 9 5 ,71,053 cc s.. 7171. I • Tl .,unlj I ail 10 7171.. _ 575 r,sYn lan 00 7171- M e.'a ",ern i 7171, 7171 ia± S ;FF.0'1 0.F,C.A -I 'I,US021'I ELF. F,n CI1C boo- 0dd10,nn Seltlemenl Cnerees ,71.71 . 71"l � Remy +¢n .« � s. - I': 0 'fi rE LLE 24 1'2 23 2 °R0PERTYT0.\ES C.6 �I 7171 7171. 3rn. 1400 Tete! 9ettiemanl Cmrgee;enler on tines 100, 9eclion.1 and 602. Secnnn 0) 201.02 ▪ 1208 E3 ,Por, ,aFE15, 3,405 7 r,0` GFEMS) ▪ 193 .. '05 ", .FEs0J _ - -- Ce Al ID_ • • Comparison of Good Faith Estimate (GFE) and HUD -1 Charges File Number: 10 -102 Charges That Cannot Increase HUD -1 Line Number Our origination charge # 801 Good Faith Estimate HUD -1 Your credit or charge (points) for the specific interest rate chosen Your adjusted ig nation charges Transfer taxes State tax/stamps - Deed DC AFFIDAVIT/TRUST AFFIDAVIT # 802 # 803 # 1203 $ 1.575.00 # 1205 $ 98.20 # 1208 1,647.20 1,673.20 Charges That in Total Cannot Increase More Than 10% Govemment recording charges Govemment recording charges - Deed Title services and lenders title insurance Owners title insurance SURVEY 2010 PROPERTY TAXES 2010 PROPERTY TAXES Good Faith Estimate # 1201 19.10 $ 19.10 #1202 HUD -1 19.10 # 1101 # 1103 # 1302 # 1303 # 1304 TOTAL between GFE and HUD -1 Charges $ 300.00 1,200.00 475.00 5,410.22 182.95 7,587.27 725 -00 or 300.00 1,200.00 1,200.00 5.410.22 182.95 8,312.27 9.56 % Charges That Can Change Initial deposit for your escrow account Daily interest charges Homeowners insurance # 1001 # 901 $ # 903 Good Faith Estimate /day HUD -1 Loan Terms Your initial loan amount is Your loan term is Your initial interest rate is Your initial monthly amount owed for principal, interest, and any mortgage insurance is I 0 Can your interest rate rise? Even if you make payments on time, can your loan balance rise? - Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? T Does your loan have a prepayment penalty? Does your loan have a balloon payment? Total monthly amount owed including escrow account payments $ includes 11 Principal LI Interest • Mortgagelnsurance Xi No. Yes, it can rise to a maximum of %. The first change will be on and can change again every Every change date, your interest rate can increase or decrease %. Over the life of the loan, your interest rate is guaranteed to never after by be lower than % or higher than X No. 0 Yes, it can rise to a maximum of $ No. L; Yes, the first increase can be on owed can rise to $ The maximum it can ever rise to is $ M No, L Yes, your maximum prepayment penalty is $ • No. .L Yes, you have a balloon payment of $ on and the monthly amount due in Ip You do not have a monthly escrow payment for items, such as property taxes and homeowners insurance. You must pay these items directly yourself, • You have an additional monthly escrow payment of $ that results in a total initial monthly amount owed of $ . This includes principal, interest, any mortgage insurance and any items checked below: L Property taxes L Homeowner's Insurance Flood Insurance L I_ Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. Page 3 of 3 HUD -1 THIS INSTRUMENT PREPARED BY AND RETURN TO: 11111111111111111111111111 CFI& 20100459354 OR BK 24230 PG 0878 QED 12/02/21111 173 16:10 Pala Basch County, Florida AFFINITY TITLE SERVICES INC AMT 225, OM N S JOG RD Doc Stoup 4 575. OD N BEACH FL 33472 Sharon R. Dock, CUR& & courreoun Appraises Parcel Id difiation ( Folio) Numbers: 60- 42- 40- 25- 14Y08638O ar0179= apse) ) 60-42-40-25-00-000-5140 Space Above This Line For Recording Data THIS W 'li r DEED, made the 17th day of November, 2010 by FL1, LLC, A DISSOLVED FLORIDA L r i. ° , LIABILITY COMPANY , he ebi called the grantor, to VILLAGE OF TEQUESTA FLORIDA , office address is 483 & 479 SEABROOK ROAD, JUPITER, FL, heeinatie' called the Grantee: (Wherever used herein�£he�*e� grantor" and grantee' include all the parties to this instrument and the heirs, bgal representatives and dh rd.ei . and the seeoaessers adaaigns of corporations) WITNESSETH: THOUSAND AND 00/1 acknowledged, Eby gds, that certain land situate in P , for and in consideration of the sum of TWO HUNDRED TWENTY FIVE 6000.00) Dollars and other valuable considerations, receipt whereof is hereby sells, aliens, rte, releases, conveys and confirms unto the grantee all County, State of Florida, viz: SEE KXtIT "A" ATTACH) cr= TOGET HER, with all the tenements, and appurtenances thereto belonging or m anywise TO HAVE AND TO HOLD, the same m. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2010. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of Witness h e b B. 112/4144ES FL-1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY PAULA E B : 1L 'i AS SU ' • TRUSTEE, ITS MANAGING MEMBER 17211 QUEEN ANNE BRIDGE ROAD, BOWIE, MD 20716 17211 QUEEN ANNE BRIDGE ROAD, BOWIE, MD 20716 STATE OF COUNTY OF #N The foregoing instrument was acknowledged before me this 17th day of November, 2010 by PAULA E BIELSKI, AS SUCCESSOR TRUSTEE, ITS MANAGING MEMBER OF FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY who is personally known to or has produced as identification. SEAL File No: 10-102 Book24230 /Page878 Page 1 of 2 STEWART TITLE GUARANTY COMPANY Plant file 010062 Agent's 10-039 0 Parcel 1: / ° A parcel of land�inin East, in Palm Bead 635 Feet of the NE feet for the right of Parcel 2: EXHIBIT "A" g approximately 75,000 square feet lying in Section 25, Township 40 South, Range 42 nty, Florida, and more particularly described as follows: the North 130 feet of the West he SE '/4 , less the North 117 Feet of the E 25 feet of the W 555 feet and the easterly 46.04 Seabrook Road.. A parcel of real property in n 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particularly described deed dated Jan 28,1922, and recorded January 17,1925, In Official Record Book 231, Page 101, of the Pub : rds of Palm Beach County, Florida, as follows: Commencing at the Northwest : Fner of the Northeast Quarter (NE %) of the Southeast Quarter (SE 14) of said Section Twenty -Five (25), then , .mast five hundred and thirty feet (530'); thence run South one hundred and seventeen feet (117'); thence run s ~twenty -five feet (25'); thence run North one hundred and seventeen feet (117'); thence run West twenty -five fee(' ') to the place of beginning, all being in Township Forty (40) South, Range Forty Two (42) East, and being a Ir f land twenty-five feet wide east and west, and one hundred and seventeen feet deep north and south, in th v 'd Northeast Quarter (NE %) of the Southeast Quarter (SE %) of Section Twenty -Five (25) after streets have lt*established. ( �� The parcel of property conveyed hereby is a1s� k n and described as: The East 25 feet of the West 555 feet of the North ,1 eet of the Northeast Quarter (NE %) of the Southeast Quarter (SE '.G) of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Book24230/Page879 Page 2 of 2 THIS INSTRUMENT PREPARED BY AND RETURN TO: AFFINITY TITLE SERVICES INC 8198 S JOG RD BOYNTON BEACH FL 33472 Property Appraisers Parcel Identification (Folio) Numbers: 60- 42- 40- 25 -00- 000 -5320 and 60- 42- 40- 25 -00- 000 -5140 Grantee SS #: Space Above This Line For Recording Data THIS WARRANTY DEED, made the 17th day of November, 2010 by FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY , herein called the grantor, to VILLAGE OF TEQUESTA FLORIDA , whose post office address is 483 & 479 SEABROOK ROAD, JUPITER, FL, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W 1T N E S S E T H: That the grantor, for and in consideration of the sum of TWO HUNDRED TWENTY FIVE THOUSAND AND 00 /100'S ($225,000.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in PALM BEACH County, State of Florida, viz.: SEE EXHIBIT "A" ATTACHED TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of alt encumbrances, except taxes accruing subsequent to December 31, 2010. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written, Signed, sealed and delivered in the presence of: Witness #1 Sign ure /.760,46 l_; . /721. 'iY IUR. Witness #1 Printed Name Witne?. s #2 Signature Witness #2 Printed Name (Aie FL -1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY PAULA E Z KI, AS SUCCESSOR TRUSTEE, ITS MANAGING MEMBER 17211 QUEEN ANNE BRIDGE ROAD, BOWIE, MD 20716 17211 QUEEN ANNE BRIDGE ROAD, BOWIE, MD 20716 STATE OF m� COUNTY OF 6AHE j earl : . The foregoing instrument was acknowledged before me this 17th day of November, 2010 by PAULA E BIELSKI, AS SUCCESSOR TRUSTEE, ITS MANAGING MEMBER OF FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY who is personally known to n e or has produced as identification. SEAL File No: 10 -102 ARY ``+0 ��annnma� Notary Pu A`%'+ zi) I' 14'0ovwe-iv Printed Notary Name STEWART TITLE GUARANTY COMPANY 411F1 file no. 1010062 is File No. 10 -039 EXHIBIT "A" Parcel 1: A parcel of land containing approximately 75,000 square feet lying in Section 25, Township 40 South, Range 42 East, in Palm Beach County, Florida, and more particularly described as follows: the North 130 feet of the West 635 Feet of the NE '/ of the SE ''4 , less the North 117 Feet of the E 25 feet of the W 555 feet and the easterly 46.04 feet for the right of way of Seabrook Road.. Parcel 2: A parcel of real property in Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particularly described in the deed dated Jun 28, 1922, and recorded January 17, 1925, In Official Record Book 231, Page 101, of the Public Records of Palm Beach County, Florida, as follows: Commencing at the Northwest (NW) corner of the Northeast Quarter (NE '/4) of the Southeast Quarter (SE'/) of said Section Twenty -Five (25), thence run East five hundred and thirty feet (530'); thence run South one hundred and seventeen feet (117'); thence run East twenty -five feet (25'); thence run North one hundred and seventeen feet (117'); thence run West twenty -five feet (25') to the place of beginning, all being in Township Forty (40) South, Range Forty Two (42) East, and being a parcel of land twenty -five feet wide east and west, and one hundred and seventeen feet deep north and south, in the said Northeast Quarter (NE %) of the Southeast Quarter (SE '4) of Section Twenty -Five (25) after streets have been established. The parcel of property conveyed hereby is also known and described as: The East 25 feet of the West 555 feet of the North 1117 feet of the Northeast Quarter (NE'/) of the Southeast Quarter (SE'/) of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. • • • • • BILL OF SALE, ABSOLUTE THIS INSTRUMENT WAS PREPARED BY: AFFINITY TITLE SERVICES INC 8198 S JOG RD STE 204 BOYNTON BEACH FL 33472 KNOW ALL MEN BY THESE PRESENTS: That FL1, LLC, A DISSOLVED FLORIDA, LIMITED LIABILITY COMPANY, whose post office address is 17211 QUEEN ANNE BRIDGE ROAD, BOWIE, MD 20716, party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, to be paid by VILLAGE OF TEQUESTA FLORIDA, of 483 & 479 SEABROOK ROAD, JUPITER, FL, party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the party of the second part, his/her executors, administrators and assigns, the following goods and chattels located on the property at 483 & 479 SEABROOK ROAD, JUPITER, FL: NONE To Have and To Hold the same unto the said party of the second part, his /her executors, administrators and assigns forever. And it does for themselves and its heirs, executors and administrators, covenant to and with the party of the second part, his /her executors administrators and assigns that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part his/her executors, administrators and assigns against the lawful claims and demands of all persons whomsoever. In Witness Whereof, the party of the first part November, 2010. Signed, sealed and delivered in the presence of us: /$$ Witness #1 Sign re BOWIE, MD 20716 Wi ness #1 Printed Name &oM - �� #2 Signature ( (0LL�� e vl r Lass t BOWIE, MD 20716 Witness #2 Printed Name STATE OF /)/6 COUNTY OF /NEE ra has hereunto set its hand and seal this 17th day of FL -1, LLC, A DISSOLVED FLORIDA LIMITED _LABILITY COMPANY PAULA E ; IELSKI AS SUC LESSOR TRUSTEE, ITS MANAGING MEMBER 17211 QUEEN ANNE BRIDGE ROAD, 17211 QUEEN ANNE BRIDGE ROAD, The foregoing instrument was acknowledged before me this 17th day of November, 2010 by PAULA E BIELSKI, AS SUCCESSOR TRUSTEE, ITS MANAGING MEMBER OF FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY who is personally known to me or has produced as identific Iy= IRUNDEL COUNTY MARYLAND ; W #44 lb?' U� Z i / '�HY PV�0 SEAL My Commission Expires: File No: 10 -102 //rti Notary S natur/ Af.,300 A . n jai ? Printed Notary Signature • • OWNER'S AFFIDAVIT NON - FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared PAULA E BIELSKI AS SUCCESSOR TRUSTEE, ITS MANAGING MEMBER OF FLI, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY, (the "Seller "), ( "Seller" refers to singular or plural as context requires) who, first being duly sworn, deposes and says: A. OWNER'S AFFIDAVIT 1. Seller is the owner of the following described property (the "Property"): SEE EXHIBIT "A" ATTACHED Property Address: 483 & 479 SEABROOK ROAD, JUPITER, FL 2. There is no outstanding contract for the sale of the Property to any person or persons whomsoever, nor any unrecorded deed, mortgage or other conveyances affecting the title to the Property. 3. There are no liens, encumbrances, mortgages, claims, boundary line or other disputes, demands or security interests in, on or against the Property or any goods, furnishings, appliances, fixtures or equipment now installed in or which are to be affixed to the Property; except for mortgages described in the deed given by the undersigned; that there are no unpaid taxes, levies, assessments, paving liens or utility liens against the Property (other than real estate taxes for the current year). 4. That there have been no improvements upon the Property within the past ninety (90) days for which there remain any outstanding and unpaid bills for labor, materials or other charges for which a lien or liens might be claimed by anyone whomsoever. 5. That there are no matters pertaining to the Seller which could give rise to a lien that would encumber the Property during the period of time between the effective date of the Title Insurance Commitment and the time of recording of the Warranty Deed and that the Seller has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of the Affidavit forward. 6. That there are no judgments, claims, disputes, demands or other matters pending against Seller that would attach to the Property. Seller has complied with the Florida Sales Tax laws where applicable. Seller acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Buyer, whichever first occurs. 7. Seller is in sole constructive or actual possession of the Property and no other person has any right to possession of the Property, or asserts any claim of title or other interests in it. 8. Seller represents that there are no violations of governmental laws, regulations or ordinances pertaining to the use of the Property. B. NON - FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER Section 1445 of the Internal Revenue Code provides that a Transferee ( "Buyer ") of a U.S. real property interest must withhold tax at a rate of 10% of the amount realized on the disposition if the Transferor ( "Seller ") is a foreign person. To inform the Buyer that withholding of tax is not required upon the disposition of a U.S. real property interest by the Seller, the undersigned hereby swears, affirms and certify(ies) the following as or on behalf of the Seller: 1. Sellers' Legal Name is: FL1, LLC, A DISSOLVED FLORIDA. LIMITED LIABILITY COMPANY 2. Sellers' Home Address or Office Address if Corporation, Partnership or Trust: 17211 QUEEN ANNE BRIDGE ROAD, BOWIE, MD 20716 File No: 10 -102 • 3. Seller is not a non - resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). 4. That the amount realized by the Seller (Transferor) of the above- described real property as a result of this transaction does not exceed Three Hundred Thousand ($300,000.00) Dollars. 5. In connection with the sale or exchange of the Property you are required by law to provide AFFINITY TITLE SERVICES INC with your correct taxpayer identification number (TIN). If you do not so provide your TIN, you may be subject to civil or criminal penalties imposed by law. 6. Sellers' Taxpayer Identification Numbers: FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY 7. For purposes of reporting this transaction to the Internal Revenue Service on Form 1099 -S, the Property is Seller' (check one): U Principal Residence 2( Other Real Estate This taxpayer identification number is being provided in connection with a real estate transaction. The undersigned understands that this Certificate may be disclosed to the Internal Revenue Service by the Buyer and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalties of perjury, Uwe declares that Uwe have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I/we further declare that I /we have authority to sign this document as or on behalf of the Seller, and that the number shown on this statement is Seller' correct TIN. Seller states that this instrument is given for the express purpose of inducing VILLAGE OF TEQUESTA FLORIDA to purchase the Property and to cause AFFINITY TITLE SERVICES INC as agent for FIRST AMERICAN to insure title to said property. This Affidavit is made under the full understanding 9 f the lay,garding liability for any misrepresentation her PAULA E BIELSKI, AS SUCCES TRUSTEE, ITS MANAGING MEMBER, FL -1, LLC A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY STATE OF /Vi) COUNTY OF we i9R L The foregoing instrument was acknowledged before me this 17th day of November, 2010 by PAULA E BIELSKI, AS SUCCESSOR TRUSTEE, ITS MANAGING MEMBER OF FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY who is personally known to me or has produced as identification. \,9 5. M49'i' %sue SEAL ANNE 9y1� ARUNDEL. COUNTY MARYLAND� it yy0 ....... -�`‘.∎ Ni 1 RY PvV My commission expires: ��nmmtlitnt O File No: 10 -102 Notary Prlic Printed Notary Name • COMPLIANCE AGREEMENT AND NON - COERCION STATEMENT BORROWER: VILLAGE OF TEQUESTA FLORIDA SELLER: FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY PROPERTY ADDRESS: 483 & 479 SEABROOK ROAD, JUPITER, FL DATE: November 17th, 2010 The undersigned buyer and/or seller for and in consideration of closing/title agent (the "Closing Agent ") this day disbursing the funds for the closing of the transaction (the "Closing ") agree, if required by Closing Agent to fully cooperate and adjust for clerical errors on any or all closing documentation. Said adjustments to be made if deemed necessary or desirable in the reasonable discretion of closing/title agent. The undersigned buyer and seller further agree to cooperate fully with Closing Agent in all efforts to assure that required sums for closing are collected from the appropriate parties. Further, the undersigned agree that should and oversight or error occur in the collection of said required sums they will immediately upon written or verbal notification make any required corrections or pay additional monies required. In the event that Closing Agent in its efforts to correct documents or collect additional sums required to complete this purchase transaction should incur legal, attorneys and /or court costs, the responsible party shall be responsible to reimburse Closing Agent for said costs. Buyer further acknowledges that neither seller or any other party to the closing directly or indirectly "required" the buyer to use the services or any particular or specific title company or settlement agent as such terms are defined in 12 U.S.C. 2601 and Regulation X Promulgated in connection herewith. Sometimes recording fees and courier /express mail fees may vary due to the unknown amounts at the time of closing. Therefore, the parties acknowledge hereto, that monies collected for recording and courier /express mail fees may be more or less than the amount collected on the closing statement. Any shortfalls or overages shall be considered the cost of doing business. Closing Agent will neither refund or collect said differences. That if the tax proration is based upon an estimate of what the current years taxes will be, the buyer and seller will resolve any discrepancy that might exist when the actual bills are issued. They will also resolve any further taxes due by virtue of a later change or final certification of previous years' tax rolls, including a change from unimproved to improved property. That they are aware that title insurance does not protect the buyer against the below listed items. The seller herein acknowledges responsibility for any sums accruing under said items prior to the date of closing and buyer acknowledges responsibility for said items accruing from the date of closing onward, Any sums due not shown on the closing statement will be resolved between the buyer and seller herein: File No: 10402 • • • A) Any unpaid utility bills B) Any unpaid trash pickup or trash removal fees C) Any unpaid personal property tax D) Any unpaid special assessment liens due the city or the county which are not recorded under Official Records Book and Page and Clerk's File Number in the county records E) Any special assessments or maintenance Liens due an association not recorded in the county records The parties acknowledge that during the course of the settlement of funds interest may by earned in favor of AFFINITY TITLE SERVICES INC, and buyer and seller hereby waive any rights to such interest. The buyer herein has performed a "walk- through" of the property and has received all ordered inspections, and shall not hold AFFINITY TITLE SERVICES INC responsible in any way for the content or lack thereof in connection therewith. Witness: Buyers Witness Signature VILLAGE OF TEQUESTA FLORIDA Printed Witness Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 17th day of November, 2010, by VILLAGE OF TEQUESTA FLORIDA , who is personally known to me and who has produced as identification and who did / did not take an oath. My Commission Expires: Notary Public Printed Notary Name Witness: /', 7% / /%/ Sellers Witness Saturn PAULA E BIE KI, AS SUCCESSOR TRUSTEE, ITS MANAGING MEMBER OF FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABIITY CONIPANY Printed Witness Name: STATE OF /0- COUNTY OF f1/1/NP The foregoing instrument was acknowledged before me this 17th day of November, 2010, by PAULA E BIELSKI, AS SUCCESSOR TRUSTEE, ITS MANAGING MEMBER OF FL1, LLC, A DISSOLVED FLORIDA LIMITED LIABILITY COMPANY, who is personally known to me and who has produced state drivers licenses and who did/did not take an oath. O ANNE Z� at UNDEL MARYLAND q!O� ,�,�,�O My ComrYlis�idp `WV`w' `14 notouto ► File No: 10 -102 210 Notary Pubj /7! /\ i/iILY'/1„>=1L;e i�t Printed Notary Name STATE OF FLORIDA COUN1 Y OF PALM BEACH \ Before -fit, the undersigned authority personally appeared PAULA E BIELSKI, who, after being duly sworn, deposks-404 days: 1. Alant is, of legal age, competent to testify in a court of law and has personal knowledge of the facts set forttein. 2. That'c'ertajn Declaration of Trust known as the EDWARD J BUSH REVOCABLE TRUST DTD fr/4 " (hereinafter referred to as the "Trust ") is in full force and affect and Affiant is the duly qualified a d=acting Trustee thereunder. 3. Affiant as 7`ttee of the Trust is the owner of that certain property described as follows: SEE EXHIBIT "A" ATTACHED 4. Affiant as Trustee of the Trust has full power and authority to sell, convey and /or mortgage the above described property. 111111111111111111111111 CFN 20100459356 TRUST AFFIDAVT OR BK 24230 PG 0882 RECORDED 12/02/2010 17:16:10 Palm Beach County, Florida Sharon R. Bock, CLERK L COMPTROLLER Pga 0882 - 891; (10pga) 5. The pertinent pages of the Tri{Sr(CI first page, signature page(s) containing powers of the Trustee and, if Affiant is the Successor This "tee, the pages containing the provisions as to the appointment and powers of the Successor Trust e)and, if applicable, those documents necessary to confirm the appointment and acceptance of the 'Successor Trustee are true and correct copies of the original thereof and none of the remaining terms or previsions of the Trust or any amendments thereto conflict with the terms and provisions set forth in th&ittachinents to this Affidavit. 6. This Affidavit is given with full understatniiriig that xx, their successors and assigns, will rely upon same to establish the factual matters set forth herein. FURTHER AFFIANT SAYETH NAUGHT STATE OF A COUNTY OF Rovg l9%AIb&- PAULA E BIE SKI Sworn to and subscribed before me this 17th day of November, 2010, by PAULA E BIELSKI, who is personally known to me or who has produced as identification. Prepared by and Return to: /`�J��// 4�0 / ,t1r<.: tOC+ 13C. •1/1bY AFFINITY TITLE SERVICES INC ' -kd0 3 • 8198 S JOG RD STE 2040;' BOYNTON BEACH FL 33472 '�6/t, `hh�'agniit i:":01,4; Book24230 /Page882 Page 1 of 10 • • • Plant file noq.,010062 Agent's iI 10 -039 ti Parcel 1: STEWART TITLE GUARANTY COMPANY EXHIBIT "A" A parcel of land etyitaining approximately 75,000 square feet lying in Section 25, Township 40 South, Range 42 East, in Palm Beach County, Florida, and more particularly described as follows: the North 130 feet of the West 635 Feet of the NE /i1-91,41m SE 'A , less the North 117 Feet of the E 25 feet of the W 555 feet and the easterly 46.04 feet for the right of way of Seabrook Road.. Parcel 2: A parcel of real property in Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, being more particularly described tit thedeed dated Jun 28, 1922, and recorded January 17, 1925, In Official Record Book 231, Page 101, of the Pubhc'Records of Palm Beach County, Florida, as follows: Commencing at the Northwest (N ot`ner of the Northeast Quarter (NE'/) of the Southeast Quarter (SE 1/4) of said Section Twenty-Five (25), thence rup,East five hundred and thirty feet (530'); thence run South one hundred and seventeen feet (117'); thence run``EVast_twenty-five feet (25'); thence run North one hundred and seventeen feet (117'); thence run West twenty-five feeU``('25') to the place of beginning, all being in Township Forty (40) South, Range Forty Two (42) East, and being a pac& of land twenty-five feet wide east and west, and one hundred and seventeen feet deep north and south, in thesaid Northeast Quarter (NE '/+) of the Southeast Quarter (SE 1/,) of Section Twenty-Five (25) after streets have beets established. The parcel of property conveyed hereby is also kcnnwvn and described as The East 25 feet of the West 555 feet of the Nortli11- t7,feet of the Northeast Quarter (NE'/.) of the Southeast Quarter (SE 1/4) of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Book24230 /Page883 Page 2 of 10 NOV /02/2010/TUE 07:32 PM Jun.17.2010 07:38 AM P. 003 PAGE. 3/ 25 EDWARD 1, BUSH 1)1 ?C'I.ARATI N_0I. 'I'10IS" 1, £ DWARI) J. BUSH, also known as JACK BUSH, do hereby cxet,utc this document on the /4 iy of August, 1996, as my Revocable Living Trust. I declare that 1 ;►n► n citizen of the United Stags 4fAmerica, with my permanent residence and legal domicile at Roca Raton, Florida. 1 have funded tl!v71:4rust initially with a contribution of "I'l:N LX )13 .ARS (S 10,00) and intend 10 more Hilly fund this tin the fixture. The initial Trust Fund and any additionally contributions shalt constitute the 'i'rust;,k .47 tc and shall be held by me and any successor As 'Trustee to be administered upon the following'1'rtrtc:. WITNFtiSf,TII: Atti'IC .L;1 $,UST CORPUS, • This Trust shall consi .tt tithe original 'I'IiN DOli ARS (fi10.00) contribution and additional assets may be contributed hy, 'Or any other person. All Trust assets shall be listed on the SCI ll DULL 01? AStil:'l'S uttuched lgteTea, may ho compriivt;d of property of any kind and character, including insurance benefits ot'any nature, and may be added by inietyiyas or testamentary transfer, or otherwise al. my demise, Any asset registered in the name of the Trust or Trustee. shall he presumed to he a pan ofthis Trust, whether such asses is listed on the SCHf DIJI,Ii OF ASSETS or omitted therefrom, it being my intent to expand rather than restrict the list ofassets held in this Trust, Book2423O /Page884 Page 3 of 10 • • NOV /02 /2010 /TUE C7:34 PM Jun.17.2010 07:39 AM P. 009 PAGE. 9/ 25 prin ipa1 shall he made fast from that Trust which is not exempt from the generation skipping transfer 3. Shoukl a bcnelwiury dic prior to receiving his or her entire Trust, then in then' cnt the balance held in trust shall Ix administered equally for his or her ebildren on the same terns as i#ivi 1i d in the proceeding sub-paragraph 2 but if none then shall he divided equally amongst the shares for. the beneficiary's then surviving siblings or their issue, if any, per stirpes, but it 110nC then in uccurdci ce,with the laws of intestacy us they would have applied to my estate. At all times during my husband's lifetime he shalt be entitled to the absolute tight to use and trcet *cy °fairy residence whii.h may constitute an asset ufany 'Trust, whether such tesidcnce be that ownei by me at my demise or uny substitute residence acquired subsequent to my demise. l'.. iii meting whether any discretionary distribution shall be made under any ofthc provisions of tills Artiii\ , the Trustee shall consider the relative income tax brackets of the beneficiary and the. 'Trust aneahull.uhsu balance; such tax impact against the non -tax intent of the Settler in evaluating whether a di tr btition is warranted. JI ARTICLE VI APPO]NT IEN'1' TRUsTEL A. i shall serve as Trustee. but upon my resignation, incapacity or death, the Trustee will bu niy wife, PAULA E IMELSKI, hut if he shall he unable to serve as Trustee. then FRANCIS J. 13114,1 „90 shall serve as sole Trustee. lithe foregoing shall fail to serve as Trustee, then PAULA E. BIELSK1 shall appoint a successor 'Trustee and in the failure of such appointment Ith;lil;CCA G. DOAN ur the president of JQN11S, FOSTER., JO11NSTON STl MRS, V.A. (Or any successor .firm) shall appoint a successor Trustee. if at any time subsequent to incapacity l regain capacity, 1 reserve the right to resume my duties us sole Trustee. Return ufcupacity shall be evidenced by Court Order or. if the incapacity was effected by committee as provided Book24230 /Page885 7 Page 4 of 10 • • NOV /02 /2010 /TUE 07:37 PM Tun.17.2010 07:42 AM P. 024 PAGE. 24/ 25 inteicfoc�lunder said laws. Where appropriate the singular shall mean the plural and the plural the, singuluy,itud the masculine shall man the feminine and the feminine the masculine. If an interest described in this Trust terminates and, after application of the rules of coria fiction described above, no continuing or succeeding interest in that asset is provided, direct that inIci,r st shall vest in those persons who then would be my heirs- at -law under Maryland law. IN Wi'I'Nt SWHEREO1= f have signed thiseelaratior) this • =day of August, 1996. � I :UWAlW J 11US11, Granter ( and Trustee I (�= As to Grantor and Trustee STATE Ol' t/r 1,Y t eiry (3.)1dN1'Y Ul /• /(% We, fsl)WARU J. 131.1bHr . �Y‘ (CV' ) _ and ,)( ,/ / the grantor and the witnesses respect! el.y;iwhose names are signed to the attached or foregoing instrument, being lint duly sworn, do hers!_i.)'deciure to the undersiktned officer that the grantor signed the instrument as his Trust and that he signed voluntarily (or directed another to sign for him and did so voluntarily) and that each of the witnesses in the presence of the grantor, at his request, and in the presence of each other signed the Trust as a witness and that to the best of the knowledge of each witness the grantor was at that time 18 or more y _earq of age, of sound mind and under no constraint or undue influence. Book24230 /Page886 EDWARD J. l'3US1-1 22 Page 5 of 10 • NOV /02 /2010 /TUE 07.37 PM Jun,17.2010 07 :42 AM `t4 Witness Witness P. 025 PACE. 25/ 25 The Cu foi tb instrument was 'subscribed, sworn to, and acknowledged below me this _ day of August, I S:!;:6;,by EDWARD 1 BUSH, as Grantor and Trustee, who is personally known to me or who has produ ct a driver's license as identification; the foregoing instrument was subscribed, swum to, and acknowlOged before me this day ofAugust, 1996 by( -J2_0(41 ((? ) as a witness, who is personally known to me ur has provided a drive's license as identification; and the forgoing instrument ins Ubscrjbud, sworn to, and acknowledged before me this day of August, 1996, by ! l(/ \' provided a driver's license as ic4intt_llcrrtion, Book24230 /Page887 as a witness, who is personally known to me or has Nui Ty Public Print Name: e yti'70,z, ft<fyC.ijtunission Expires: 23 /9 Page 6 of 10 NOV/10/2010/WED 08:28 PM P. 002 • • • Operating Agreement of FL -1, l� LLC. 0 This Operating Agreement (the "Agreement ") is hereby adopted as of August 15, 1996, by F€ 4, LLC., a Florida limited liability company (the "Company "), and PAULA BthLSKI, Trustee- Company's sole member. (the "Member "):. 1. ,,-',::,Formation of Company. The sole Member hereby organizes the Company pursuant to `fkf Agreement and the laws of Florida.. 2. : aj ose. The object and purpose of and the nature of the business to be conducted and pro3oted by the Company is to engage in any business which lawfully may be conducted by a, thlrida limited liability company and to do all things which, are necessary,. incidental or relatedth that object and purpose. 3. Merliber= ;die' Member's name and address are Paula Biel9rsl�~Trustee 17211 Queen M e Bridge Road Mitchellville, 'iorida:20785 4. Management. 4.1 The Company's = usiness and affairs shall be managed by the Member. The Member, on behalf of the Comp mall have the power to do any and all aots necessary on convenient to, or for the furtherance iftti - ,Company's. business and. affairs, 4.2 The Member may appoint by written resolution officers and agents of the Company to whom the Member may delegate by written resolution whatever duties, responsibilities and authority the Member may desire. Any officer or agent riiay be removed by the Member at any time by written resolution. • 4.3 If the Member appoints an: officer of the Company and gives that officer a. title used by officers of a business corporation, the Member shall be deemed to have delegated to that person the duties, responsibilities and authority that would be exercised by an officer of a business corporation with the same title, unless the Member provides otherwise by written resolution. 5., Title to Company Property. All real and personal property of the. Company shall be acquired in the Company's name, and title to any property so acquired shall be vested in the Company and not the Member. 6. Compensation of Member. The Member may be reimbursed for all expenses incurred in managing the Company and. may, at the Member's. election, be entitled to Book24230 /Page888 Page 7 of 10 • • NOV /10 /2010/WED 08:2B PM P. 003 compensation for management services rendered, in an amount the Member from time to time determines. 7. Distributions. Distributions shall be made to the Member (in cash or in kind) at the as and in the aggregate amounts the Member determines, subject to limitations of law. Elections. The Member may make any tax elections for the Company allowed under t;Intemal Revenue Code of 1986, as amended, or the tax laws of any state or other jmisdi t b i'having taxing jurisdiction over the Company. 9. !Assignability of Membership Interest. The Members economic interest in the Company is $ss sable, in whole or ha part, either voluntarily or by operation of law. 10. Adsion of Additional Members. Additional members of the Company may be admitted to the Csfnpany at the Member's direction, provided, however, that if the Company at any time has no raern''bexs, anew member may be admitted in accordance with Section 13.3. 11. Liabilit d"the Member. The Member shall not have any liability for the debts, obligations or liabilities Erne Company or for the acts or omissions of any other member, of %err, agent or employee f °the, Company_ The Member's. failure to observe arty formalities or requirements relating to the ; eirercise of the Member's powers or the management of the Company's business and airs; under this Agreement or the Act shall not be grounds for imposing liability on the Metnb =for-Company litabilities. 12. Indemnification. Tompany shall indemnify the Member and those authorized officers, agents and employees of t rp;Company identified in writing by the Member as entitled to be indemnified under this Section for •a hosts, losses, liabilities. and damages paid or accrued by the Member (as the Member or as air'' :afAcer, agent or employee) or any such officer, agent or employee in connection with the business' .the Company, except to the extent prohibited by the laws of the' State of Florida. In addition, the Company may advance costs of defense of any proceeding to the Member or any such officer, agent or employee upon the Company's receipt of an undertaking by or on behalf of that person to repay that amount if it shall ultimately be determined that the person is not entitled to be indemnified by the Company.. 13. Dissolution. 13.1 The Company shall dissolve, and its affairs shall be wound up; upon the first to occur of the following: (i) the written direction of the Member or (ii) the entry of a decree of judicial dissolution under the Act. The death (or dissolution in the case of a member that is not a natural person); retirement; insanity; resignation or bankruptcy of the Member or the occurrence of any other event that terminates the continued membership of the Member shall not cause the Company's dissolution. 13.2 Upon dissolution, the Company shall cease to carry on any and all business other than the winding up of its affairs, but the Company is not terminated and shall continue until the winding up of its affairs is completed and articles of dissolution have been Book24230 /Page889 Page 8 of 10 • • • NOV/10/2010/WED 08:29 PM P, 004 filed pursuant to the Act. Upon the winding up of the Company, the Company's property shall beedistributed (i) first to creditors, including the Member if the Member is a creditor, to the ext permitted by lawn, in satisfaction of the Company's liabilities; and (ii) then to the Member. T)istdbutions shall be in cash or property or partly in both, as determined by the Member. ,> 133 Notwithstanding anything herein contained to the contrary, if at any time the COrnpaq has no members, then the personal or legal representative of or successor to the last remainm.ember may designate, by a writing signed within ninety (90) days after the date the Company_ ceases to have any methbers, itself or themselves, in their capacity as personal or legal representativ nor successor, as a new member or members. The person or persons so designated as a. mber oi. members, as the case may be, shall be deemed to have become members, as the case may be ;on,:the earlier of (a) the date specified in the writing designating them as a member or members or Cbythe eighty -ninth (89th) day after the Company ceased to have any members, 7` 1 14. Conflicts of Interest Nothing in this Agreement shall be construed to limit the right of the Member, to_enter into any transaction that may be considered to be competitive with, or a business opporttiti fat may be beneficial to,. the Company. The Member does not violate a duty or obligation` the Company merely because the Member's conduct furthers the Member's own interests. (7he Menniber may lend money to and transact other business with the Company. The rights an4'¢blsgatioris of the Metnber upon lending money to or transacting business with the Companyare'_the same as those of a person who is not the Member, subject to other applicable law. No trans ion with the Company shall be void or voidable solely because the"Member- has a direct or indt e ii terest in the transaction. 15. Governing Law. TMs Agreement shall be governed by, and interpreted and enforced in accordance with, the substantive laws of Florida, without reference to the conflicts of law rules of that or any other j urisdi'ctid;, 16. Entire Agreement. This'4reement constitutes the entire agreement of the Member and the Company with respect to the subject matter hereof and supersedes all prior agreements, express or implied,. oral or written, with respect thereto.. The express terms. of this Agreement control and supersede any course of performance or usage of trade inconsistent with any of the terms hereof. 17. Amendment. This Agreement may be amended or modified from time to time only by a written instrument executed by the Member. 18. Rights of Creditors and Third Parties. This Agreement is entered into by the Member solely to govern the operation of the Company. This Agreement is expressly not intended for the benefit of any creditor of the Company or any other person other than the heirs, personal representatives, successors and assigns of the Member. Except and only to the extent provided by applicable statute, no creditor or third party shall have any rights under this Agreement or any agreement between the Company and the Member, with respect to the subject matter hereof. Book24230 /Page890 Page 9 of 10 • • NOV/I0/2010/WED 08:29 PM P.005 WrINESS WHEREOF, the undersiped, iitencling to be lceslly bound, have ;adopd . Agedemeat. an. the date iadirxad. above_ A BTE S1S3, TR S T EE Try ANY: PL -1, LLB~ PAULA BPI ZI, 'TRUSTEE Book24230 /Page891 Page 10 of 10 7E00/26(7] v 7.3%55 P9. 34 :P,302 34- /AT l97 98X3/- nC Lor193 Lo3/93 %OTl99 CR AS 3E.v� r' P9.94-P/168 2,4- ,V02T11 WEST Co2,LIEL o/0 TN8 41021/4ERS11/9A /4'E of THE Spur/ /93o P /10,9,96,154P t. sEtriohl 25• L431S.R42E. 7 //pc. PARCEL 2 3 G 1500 5.89'59 07"g. 5853.%96, 11 PC4ei: aF 8PG1N.91,)+4 (Oo09(' /16 2) �. . Wt<3/ 3E / / Anmhat z 120402 PO /= '' o E ACG.VE 3" OA/E S X/'ES'E. P, / ;I F f rsG /l Rack- _t a /ve 2seg 0 3 x 33 30 v O 32 0 oxlE;lae7 p W o G ' 1197' I 6'.8q1-11317 35.00 12 O. N °J or 0/10 0700/ /70)00 /0/4 (6/06 00/0NA,6 40 0J 7(6.39 00°00102 2,5269„55 1--2-ET, 5.04 Fog 3)00/1 L /V/ (S; ' As PF 0:. °? li Q 20 03 X14 Czitj 6 W,RF 7 S. 5'9 05 0 599./2. V,IF'1"E9 045(33 6335599 ya (/1/16 W9i0' /07-4 PROPERTY ADDRESS: 479 -483 SEABROOK ROAD JUPITER, FL. 33467 CERTIFIED TO: VILLAGE OF TQUESTA, FLORIDA AFFINITY TITLE SERVICES , INC. STEWART TITLE GUARANTY COMPANY SURVEYOR'S NOTE: I HAVE REVIEWED THE STEWART TITLE GUARANTY COMPANY TITLE COMMITMENT NO. 1010062, EFFECTIVE DATE: 10/12/2010, PROVIDED BY AFFINTY TITLE SERVICES, INC. ON 11/02/2010, AND FIND THAT ALL EASEMENT AND SURVEY MATTER CONTAINED THEREIN ARE SHOWN ON THIS SURVEY. • NOTES: 1. Legal 200ooption provided by clienL 2. The lands shown hereon were not abstracted for easements or other recorded encumbrances not shown on plat. 3. Bearings s own hereon are relative to plat and are ■64 4. Elevagons shown hereon are based on national geodetic vertical datum of 1929, unless othermse noted. 5. No below ground improvements. footers. foundations or Mikes have been located at shown on this survey. 6. Fecetiles are to the centerline of the fence • n 7. In some instances graphic representations have been exaggerated to m eft clearly illustrate relationships between physical improvement and/or lot lines. In all cases, dimensions shown shall control the le ation of the improvements 0001 staled positions. /3T 13 /0125 UdlR5CO21.3n3 A/1/1r 0G' Y373/&•:17282.25, .0239(2 3/04410 51E, S12 4/AP /8 3799 FOOU© 3X.1 CO36. M0,/i o- 5FF' /e9/z cAA: .,04 0779,, LEGEN©- O.R.O.= oifm'a mad boa: Tian.= muwfo,mer pad C S.=comm. brad. structure FP&L Fl 'tla Pomo tight PCC punt of compound curve CM commis monument P.CP. • pamwnanentmnuai punt P1s p' 'racemes a P.O.C. =pant 01 commo9 men P... point of M0290000 coma OZ. =point d oe /urn n® P.T. W I pence) CM ...wage easement a sure MP = comps. metal pips WPC= wood privacy tense RLS.. registered land 63110/01 Chan= 5Ntmhocchea L.B. =n'osseed Mwnmaa €LEV =alevaltan /_073 (07 -2 LOCATION MAP: (NOT TO SCALE) PB,=Ora book P. plat PG. = Pogo 10, TIM _rapider paws,. polo IR.iron rod ra r bang o050,0lina PP a irdN I 019 onset Mph - asphalt t = arc length Conc concrete MA. 5061 manhole AL. =70(uminum Csmcl =caaleen4 CI.F =chain tmx lanes P.C. =pain W Curvature P U.. pemnenam'Mamma monument dr re 0(,' OR'C TFRTI0C TF 1 horeby oeOiiy that the Match or Boundary Survey shown hereon meets the minimum tech() eel atandards eel forth in Chapter 61017.6, Florida Administrative Cedq"y su nt to Section 472.027, Florda Statute;. !! _ a David Q. Cutler Oradrdar P.L.S. No. 5593 "//13631&770() H0/14/0 P.B. %7: P /,o< (03 37 /COI./ /763,5 0,.nJ3 /L'W 7,3,12 3 / /-o oar 37:133 n/ /7/3 3 DESCRIPTION: PARCEL 1. A PARCEL OF LAND CONTAINING APPROXIMATELY 75,000 SQUARE FEET LYING IN SECTION 25, TOWNSHIP40 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, AND MORE PARTICULARLY AS FOLLOWS; THE NORTH 130 FEET OF THE WEST 635 FEET OF THE NORTHEAST ONE - QUARTER (NE Y) OF THE SOUTHEAST ONE - QUARTER (SE %). (L.ESS THE NORTH 117 FEET OF THE EAST 25 FEET OF THE WEST 555 FEET AND THEEASTERLV 46.04 FEET FOR THE RIGHT -OF -WAY OF SEABROOK ROAD). PARCEL 2: A PARCEL OF REAL PROPERTY IN SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED IN DEED DATED JUNE 28, 1922, AND RECORDED JANUARY 17, 1925, IN OFFICIAL RECORD BOOK231, PAGE 101, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: COMMENCING AT THE NORTHWEST (NW) CORNER OF THE NORTHEAST QUARTER (NE A) OF THE SOUTHEAST QUARTER (SE 'A) OF SAID SECTION TWENTY -FIVE (25), THENCE RUN EAST FIVE HUNDRED AND THIRTY FEET (530'); THENCE RUN SOUTH ONE HUNDRED AND SEVENTEEN FEET (117'): THENCE RUN EAST TWENTY -FIVE FEET (25'); THENCE RUN NORTH ONE HUNDRED AND SEVENTEEN FEET (117'); THENCE RUN WEST TWENTY -FIVE FEET (25') TO THE PLACE OF BEGINNING, ALL BEING IN SECTION 25, TOWNSHIP FORTY (4B) SOUTH, RANGE FORTY TWO (42) EAST, AND BEING A PARCEL OF LAND T WENTY- FIVE FEET WIDE EAST AND WEST AND ONE HUNDRED AND SEVENTEEN FEET DEEP NORTH AND SOUTH, IN THE SAID NORTHEAST QUARTER (NEY.) OF THE SOUTHEAST QUARTER (SE' /4) OF SECTION TWENTY-FIVE (25) AFTER STREET HAVE BEEN ESTABLISHED. THE PARCEL OF PROPERTY CONVEYED HEREBY IS ALSO KNOWN AND DESCRIBED AS: THE EAST 25 FEET OF THE WEST 555 FEET OF THE NORTH 117 FEET OF THE NORTHEAST QUARTER (NE%) OF THE SOUTHEAST QUARTER (SEA,) OF SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. DAVID G. CUTLER' LAND SURVEYOR 6164 WIN /1IPESAUKEE WAY LAKE WORTH. FLORIDA 33467 PHONE' (551) 236 -9307 SAX ; 561 s -2 -52 Flood Zone: =C" Map No: 120228 -0051C I Map Date: 09/30/82 Date: °.1/04/2010 Job No: 3635 Revised: mdmeMeNsor